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perty, as each defendant may select, as mentioned in the first section of this act, not exceeding in valuation sixty dollars. This law to take an effect upon all contracts, or cause of actions, accruing from and after the first day of June next. APPROVED, February 1st, 1840.

In forcc, Jan. 29, 1840.

Spring terms

Coles and

AN ACT fixing the times of holding the spring terms of the circuit courts in the counties of Coles and Champaign, and authorizing an additional term of the circuit courts of Vermilion and Edgar counties.

SEC. 1. Be it enacted by the People of the State of Illinois, of courts in represented in the General Assembly, That the spring terms of Champaign the circuit courts, for the counties of Coles and Champaign, shall be commenced at the times hereinafter specified, and Exceptions shall continue to be held from day to day, (Sundays excepted) until the business shall be disposed of, unless it shall be necessary to close the term to enable the judge to attend in the next county to hold court, viz: in the county of Coles, on the Time of courts third Monday in the month of March; in the county of Champaign on Wednesday before the first Monday in June.

Process returnable

Additional

terms of courts

and Edgar

SEC. 2. All process, suits, and recognizances, which have been, or may be, entered into, and made returnable, to the said courts as at present arranged, shall be taken and considered to be returnable to the terms fixed by this act, and all proceedings, either civil or criminal, which are now pending, shall be taken up and disposed of according to law, in the same way as if no alteration had been made in the times of holding such courts.

SEC. 3. There shall be an additional term of the circuit court

in Vermilion held annually, in the counties of Vermilion and Edgar, at the times herein directed, viz: In the county of Vermilion, on the first Monday in June, and in the county of Edgar on the second Monday of June.

SEC. 4. This act repeals all acts and parts of acts coming Acts repealed within its provisions, and shall be in force from and after its passage.

APPROVED, January 29th, 1840.

In force, Jan. 18, 1840.

Part of act repealed

AN ACT to amend an act entitled an act to amend the several acts in relation to common schools, approved March 4, 1837.

SEC. 1. Be it enacted by the People of the State of Illinos, represented in the General Assembly, That so much of the act entitled "an act to amend the several acts in relation to canmon schools," as requires two-thirds of [the] votes to be in favor of beccoming incorporated, is hereby repealed: And hereater it shall only be necessary for a majority of the legal voters of any township in this State, to vote for becoming incorporated,

to entitle them to all the provisions of the act to which this is an amendment.

APPROVED, January 18th, 1840.

AN ACT to authorize and require the school commissioner of Sangamon In force, county to pay over certain school funds to the school commissioners of Jan. 28, 1840. Menard, Logan, and Dane counties.

SEC. 1. Be it enacted by the People of the State of Illinois, Commissioner represented in the General Assembly, That as soon as the school of Sang an commissioners of Menard, Logan, and Dane counties, shall shall pay onies to Meaard, enter into bond with the county courts of their respective coun- &c ties, for the proper discharge of their duties, and present a certificate of the county clerks of their respective counties, certifying to the facts of their having been thus authorized to receive said funds, the school commissioner of Sangamon county, be, and he is hereby, required to pay over the township funds belonging to the several townships within the limits of the counties of Menard, Logan, and Dane.

SEC. 2. The Auditor of Public Accounts shall apportion Duty of auditthe funds to be distributed on the first Monday in January or next for the use of schools in Sangamon county, in the followProportions ing proportions, to wit: to Menard county, five hundred dol- to counties lars; to Logan county, two hundred and fifty dollars; to Dane county, two hundred and fifty dollars.

maps, reports,

SEC. 3. All abstracts and schedules, and other useful papers, Schedules, comprising maps, reports of trustees, and all other useful pa- &c pers that have been, or may hereafter be, presented to the school commissioner of Sangamon county, that properly belong to any and all of the several townships within the limits of the counties mentioned in the first section of this act, shall be furnished to the proper commissioners, on or before the thirtieth day of December, 1839, if application be made for the

same.

school com

SEC. 4. It shall be lawful, hereafter, for the county courts New counties of all new counties, formed, or to be formed, in this State, after to appoint the organization required by law, to appoint a school commis- missioners sioner; and said commissioner, on producing evidence of his appointment, as required by the first section of this act, is hereby authorized to demand, sue for, and receive from, the county or counties from which the same shall have been taken, or out of which such new county, was, or may be, formed, all moneys, papers, or other valuable things, that of right belong to the inhabitants of said new county.

SEC. 5. The school commissioners of Menard, Logan, and Schedules, &c Dane counties, shall be allowed to receive schedules and ab- of Menard,&c stracts of schools, up to the second Monday of January next; and

they shall also be allowed the further time of one week to prepare for paying claims, but nothing herein contained shall be

Commissioner

withhold

file schedules

so construed as to delay paymenters long than the third Monday of January, A. D. 1840.

SEC. 6. That the school commissioner of Schuyler county, of Schuyler to Illinois, shall be required to withhold payment of any part of that portion of the interest on the school, college, and seminamoney till commissioner ry fund, drawn by said commissioner for the use of schools of of Brown shall said county, for the year eighteen hundred and thirty-nine, until the school commissioner of the county of Brown, shall present the schedules of teachers of schools in the said county of Brown, which may be made out according to law, and the said commissioner of Schuyler shall then apportion the said fund amongst the several teachers of both [of] said counties, as the law required previous to the creation of the county of Brown: Provided, The school commissioner of Brown county shall present said schedules to the commissioner of Schuyler county, on or before the first day of June next.

Proviso

County school SEC. 7. That the school commissioner of Schuyler county fund of Brown shall be required to settle with, and pay over to, the school commissioner of Brown county, such portion of any county school fund, which may be in his hands, to which the county of Brown may be equitably entitled, in consequence of the division of the said county of Schuyler: and that the data by which the apportionment and division of any such fund shall be made, shall be fixed upon by the two commissioners of said counties, and in case of their disagreement, it shall be apportioned according to the number of the votes polled for the candidates for Congress, within the limits of said counties, in the year 1837.

Com'r of Putnam to pay com'rs of Mar shall and Stark

Am❜t to Bureau

SEC. 8. The school commissioner of the county of Putnam is hereby required to pay over to the school commissioners of the counties of Marshall and Stark, the one half of the annual interest received by him, from the State treasury, on the college, school, and seminary funds (after first deducting the amount required by law to be paid to the county of Bureau) in the following proportion, to wit: to the county of Marshall, one-third part; and to the county of Stark, one-sixth part of the whole remaining fund, as aforesaid. The distributions and divisions authorized by this act, to continue to be made as aforesaid, until a distribution is made under the next census. APPROVED, January 27th, 1840.

In force, AN ACT to provide for holding an additional term of the circuit court in Jan. 29, 1840. the county of Peoria.

Spring term of SEC. 1. Be it enacted by the People of the State of Illinois, circuit court, De Kalb coun-represented in the General Assembly, That the spring term of the circuit court in the county of De Kalb, shall be held on the first Monday in June annually, and all writs and other process which may be issued and made returnable, at the term of said

ty

court as heretofore required to be holden, shall be deemed and taken to be returnable to the said terin as required to be held by the provisions of this act.

cuit court in

SEC. 2. In addition to the regular terms of the circuit court Additional in the ninth judicial circuit, there shall be held, in the county of Kane, a term of said court, on the second Monday in July, Kane and Peand in the county of Peoria, on the fourth Monday in July, oria annually.

APPROVED, January 29th, 1840.

AN ACT to provide for the settlement of debts and liabilities incurred on account of Internal Improvements in the State of Illinois.

In force,

Feb. 1st, 1840.

SEC. 1. Be it enacted by the People of the State of Illinois, One Fund represented in the General Assembly, That there shall be elect- Commissioner ed by the joint vote of the two Houses of the present General to be elected Assembly, and by each regular General Assembly hereafter, one Fund Commissioner, who shall give bond and qualify, in the same manner that Fund Commissioners were required to give bond and qualify, by and under the provisions of an act, entitled "an act to establish and maintain a general system of Internal Improvements, passed 27th February, 1837," and the acts supplemental and amendatory thereto, and who shall per- Duties form the same duties that were required to be performed by the Fund Commissioners, under the provisions of the laws aforesaid, except that he shall not be authorized to sell State bonds, or borrow money on behalf of the State, unless hereafter authorized by law. It shall be the duty of the Fund Commissioner to receive all Iron which may have been purchased for the use of the State of Illinois, at whatever port landed in the United States; and to provide for its transportation to the State of Illinois; and to pay all duties, or execute bonds therefor, in conformity with the several laws of Congress, relating to railroad iron, freight and charges upon the same; and to enable the fund commissioner to make such payments, it shall be law- When State ful for him to dispose of State bonds to an amount sufficient to bonds may be pay such charges, being governed in the sale and disposal of sold such bonds, by the provisions of an act entitled an act to establish and maintain a general system of Internal Improvements: Provided, That if there shall be a sufficient amount Proviso of the money borrowed on account of the Internal Improvement system on hand, to pay said charges, the Fund Commissioner shall apply such money to such payment, and shall not make sale of State bonds for that purpose.

SEC. 2. There shall be elected, by the joint vote of the Three Compresent General Assembly, and by each regular General As-missioners of sembly hereafter, three commissioners, to be styled the Board Public Works of Public Works, who shall give bond and qualify in the same manner that the commissioners of the Board of Public Works

Duties

Secretary

were required to give bonds and qualify, by and under the provisions of an act entitled "an act to establish and maintain a general system of Internal Improvements," passed the 27th February, 1837, and the several acts supplemental and amendatory thereto, and who shall continue in office until the first day of January, 1841, and until their successors are elected and qualified.

SEC. 3. The said Board of Public Works shall keep their May employ office in the town of Springfield, and may employ in their said office one clerk or secretary, at the cost of the State, whose duty it shall be to keep the accounts, and to keep a fair register of the actings and doings of the said Board of Public Works.

Term of office

SEC. 4. The officers elected under the provisions of this act shall hold their offices until the first day of January, eighteen hundred and forty-one, and until their successors are elected and qualified, and the said Fund Commissioner and members of the Board of Public Works, shall each receive the sum of Pay of Com- four dollars for each day they may actually be employed, and shall not be entitled to any compensation for travelling expenses or other contingencies.

missionérs

Duty of late board of pub

lic works

What proper

SEC. 5. It shall be the duty of the late Board of Commissioners of Public Works forthwith to deliver up to the Board of Public Works, all books, records, maps, drawings, and papers of every kind and description pertaining to their office, and all property of every kind and description, in their possession, or under their control, which belongs to the State.

SEC. 6. The Board of Public Works shall dispose of such ty of State property belonging to the State as is not wanted for immediate may be disposed of use, and is [as] will be subject to waste or depreciation by keeping, and account to the State for the proceeds of the same, and shall, to the best of their ability, protect the various public works of the State from dilapidation or decay.

Governor to

Proviso

SEC. 7. Should a vacancy occur, during the recess of the fill vacancies General Assembly, in the office of Fund Commissioner, or Board of Public Works, the Governor shall fill such vacancy by appointment, which shall expire at the time then next ensuing for the election for such officer, or at the end of the next session of the General Assembly, whichever shall first occur: Provided, The appointment of such officer shall not expire until his successor shall be elected and qualified. 40th section of SEC. 8. The fortieth section of the act to establish and act revived maintain a general system of Internal Improvement, approved 27th February, 1837, is hereby revived, and declared to be in full force and effect, any law repealing or suspending said act to the contrary notwithstanding.

Board, how SEC. 9. The Board of Public Works, in making setttlegoverned in ments with contractors, and others, and in superintending, settlements, managing, keeping in repair and operations, such works as may be completed, shall be governed in all respects by the act entitled "an act to establish and maintain a general sys

&c.

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