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DOCUMENTS COLLECTtON

DO NOT TAK?! F^G^: TH!3 ROOM



SHELVED !M LAWCOLLECTJON



WESTERN ILLINOIS UNIVERSITY LIBRARY




3 1711 00611 7522



WtST£ftN



THE



LAWS OF ILLINOIS,



PASSED



\T SEVENTH GENERAL ASSEMBLY, AT THEIR SESSION HELD AT

TANDALIA, COMMENCING ON THE FIRST MONDAY IN

DECEMBER, 1830.



PUBLISHED IN PURSUANCE OF IiAW.



VANDALIA:

PUBLISHED BT

ROBERT BLACKWEl.L, PUBLIC PRINTER.

1831.



■' f



CONTENTS.



A

APPORTIONMENT, 5

APPROPRIATIONS, 9

AUDITOR, 17

AUDITOR AND TREASURER, . - . . 18

B

BRIDGES, 19

C

CANALS, - - ..-..- 39

CIRCUIT COURTS, 44

CLERKS, - - - 48

COMMISSIONERS' COURTS, .... 49

COUNTIES, .50

COUNTY SEATS, 62

D

DISTRICTS, . 70

DIVORCES, - - 71

£

EDUCATION, -.-..-.. 73

ELECTIONS, 74

F

FERRIES, - . - 76

FRANKFORT, 80

H

HILLSBOROUGH, 80

I

IDIOTS, &c. 81

IMPROVEMENTS ON PUBLIC LAND, - - 82

INCORPORATIONS, 82

J

JUSTICES OF THE PEACE AND CONSTABLES, 88

L

LANDLORDS AND TENANTS, .... 88

LICENSES, 89

LOAN, 92

M

MILITIA, 94

MILLS AND MILL DAMS, 97

MINORS, &<- - 100



CONTENTS.

N

NEGROES, &c. -.-.. - 101

NORTHERN BOUNDARY, _ .. . . 101

O

OATHS, &c. 102

P

PENITENTIARY, - - - -. - - 103

PRACTICF., - - - 113

PUBLIC RECORDS, &c. 114

R

RELIEF, - - - - - - - in

REVENUE, 124

RIVERS, - - 126

ROADS, - 128

S

SALINES, 162

S\LINE RESERVES, &c. ... - 165

SECRETARY OF STATE, 169

SEMINARY LANDS, . - ..- 17L

SCHOOL LANDS, - 1^2

SHAWNEETOWN, 1J6

SHERIFFS AND CORO^ERS, ' ' ' }11

STATE BANK, J^f

ST \TE HOUSE, IS

STATE TREASURER, If 6

SUPREME COURT, 18v

W

WATER CRAFT, &c. - - - - - * 189

WILLS, &c. ... - - - 191

AUDITOR'S REPORT, 19^

TREASURER'S REPORT, - - - - 200



STATUTE LAWS
or THE

STA^rE OF IlililNOI^;

PUBLISHED UNDER THE DIRECTION AND AUTHORITY OF m.
THE GENERAL ASSEMBLY. '



APPORTIONMENT .

4N ACT TO APPORTION THE REPRESENTATION OF TUB Jj^ yoRCJB

SEVERAL COUNTIES IN THIS STATE. FbB. 7, 1831.

Section I. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That until
;he next census, provided for by the constitution, shall be
raken, and an apportionment be made, the several counties
in this state shall be entitled to the following representa-
tion in the General Assembly, to wit: The counties of
Alexander and Union one representative each, and the Distributioa
two together one senator. The counties of Johnson and of memberi to
Pope one representative each, and the two together one courUiM.
senator. The county of Gallatin two representatives
and one senator. The counties of Franklin and A¥ash-
ington together two representatives ; the county of Jack-
son one representative; and the three together one
senator. The counties of Randolph and Perry together
two representatives and one senator. The county of
St. Clair two representatives and one senator. The
county of Madison two representatives and one senator.
The counties of Monroe and Clinton one representative
each; and the two together one senator. The counties
of Bond, Macoupin, and Montgomery, one representative
each ; and the three together one senator. The county
of Greene three representatives, and one senator. The
counties of Hamilton and Jefferson one representativfe
each; and the two together one senator. The countie*
of Edwards, Wayne, and Wabash, one repieientatira f



f



^ APPORTIONMENT,

each ; and the three together one senator. The county
of Fayette one representative ; the counties of Marion
and Clay together one representative; and the three
together one senator. The counties of Shelby and Macon
together one representative, and one senator. The
counties of Tazewell and McLean together one repre-
sentative, and one senator. The county of White two
representatives, and one senator. The counties of
Lawrence and Crawford one representative each; and
the two together one senator. The counties of Edgar,
Clark, and Coles, one representative each; and the
three together one senator. The county of Vermilion
two representatives, and one senator. The county of
^ Sangamon four representatives, and two senators. The
^ county of Morgan four representatives, and two senators.
The counties of Hancock, Pike, and Adams, together
two representatives, and one senator. The county of
Schuyler one representative; the counties of Fulton,
Knox, and Henry, together one representative; the
counties of Calhoun, McDonough,. Warren, and Mercer,
together one representative ; and the counties of Schuy-
ler, Fulton, Knox, Henry, Calhoun, McDonough, War-
ren, and Mercer, together one senator. The counties of
Peoria, Jo Daviess, Putnam, La Salle, and Cook, toge-
ther one representative, and one senator.
When several Sec. 2. Whenever in the preceding section two
counties are q^ more counties are joined together for the purpose
joined. ^£ gjg(,j-jj-^g representatives or senators, they shall form,

and are hereby constituted, districts for that purpose.
ElBctions. Sec. 3. At all future elections for senator or repre-

sentatives, the clerks of the county commissioners courts
in the district compc^sed of the counties of Alexander
Clerks where ^^^^ Union, shall meet at the seat of justice of Union
to meet to county, to compare the returns of the election for senator
compare re- in said district. In the district composed of the counties
" of Johnson and Pope, the clerks of the county commis-

sioners courts shall meet at the seat of justice of Pope
county, to compare the returns of the election for
senator in that district. In the district composed of the
counties of Franklin and Washington, the clerks of the
county commissioners courts shall meet at the county
seat of Franklin county, to compare the returns of the
election for representatives ; and the clerks of the county
commissioners courts of the senatoHal district, composed
of the counties of Franklin, Jackson, and Washington,
•hall meet at the county seat of Franklin county, to com-
pare the returns of election for senator. The clerks of



turns.



APPORTIONMENT.

the county commissioners courts of the counties of Ran-
dolph and Perry, shall meet at the county seat of
Randolph county, to compare the election returns for
representatives and senator. In the district composed of
the counties of Clinton and Monroe, the clerks of the
county commissioners courts shall meet at the seat of
justice of Clinton county, to compare the election returns
for senator. In the district composed of the counties of
Bond, Montgomery, and Macoupin, the clerks of the
county commissioners courts shall m.eet at the seat of
justice of Montgomery county, to compare the election
returns for senator. In the district composed of the
counties of Hamilton and Jefferson, the clerks of the
county commissioners courts shall meet at the county
seat of Hamilton county, to compare the election re-
tarns for senator. In the district composed of the
cobnties of Edwards, Wayne, and Wabash, the clerks of
the county commissioners courts shall meet at the county
seat of Edwards county, to compare the returns of
the election for senator. The clerks of the county
commissioners courts of the representative district, com-
posed of the counties of Marion and Clay, shall meet
at the county seat of Marion county, to compare the re-
turns of the election for representative ; and the clerks of
the county commissioners courts of the senatorial district,
composed of the counties of Fayette, Marion, and Clay,
shall meet at the county seat of Marion county, to com-
pare the returns of election for senator. The clerks of
the county commissioners courts of the district, composed
of the counties of Shelby and Macon, shall meet at
the county seat of Shelby county, to compare the returns
of elections for senator and representative. The clerks
of the county commissioners courts of the district, com-
posed of the counties of Tazewell and McLean, shall
meet at the county seat of McLean county, to compare
the election returns for senator and representative. The
clerks of the county commissioners courts of the district
composed of the counties of Lawrence and Crawford,
shall meet at the county seat of Lawrence county,
to compare the election returns for senator. The clerks
of the county commissioners courts of the district com-
posed of the county of Edgar, Clark, and Coles, shall
meet at the county seat of Edgar county, to compare
the election returns for senator. The clerks of the
county commissioners courts of the district, composed of
the counties of Hancock, Adams, and Pike, shall meet
at the county seat of Adams county, to compare the re-



O APPORTIONMEXT-

tums of elections for senator, and representatives. The
clerks of the county commissioners courts of the district,
composed of the counties of Fulton, Knox, and Henry,
shall meet at the seat of justice of Fulton county, to com-
pare the election returns for representative. The clerks
of the county commissioners courts j{ the district, com-
posed of the counties of Calhoun, McDonough, Warren,
and Mercer, shall meet at the county seat of McDonough
county, to compare the returns of elections for repre-
sentative. The clerks of the county commissioners
courts of the district, composed of the counties of Schuy-
ler, Fulton, Knox, Henry, Calhoun, McDonough, AVar-
ren, and Mercer, shall meet at the county seat of Knox
county, to compaie the returns of the election for senator.
The clerks of the county commissioners courts, of the
district composed of the counties of Jo Daviess, Peoria,
La Salle, Putnam, and Cook, shall meet at the seat
of justice of Putnam county, to compare the returns
of elections for senator and representative.
Clerks to Sec. 4. The clerks of the county commissioners

meet to com- courts above-named, shall meet at the several places
Efteen^davs! hefore-me'^tioned, within fifteen days next after any
election for senator or representative in any of the said
districts, for the purpose of comparing the votes given at
such election.
Senators to be ^^^* ^' Within the first thirty days of the session of
classed; the senate, the senator from the county of Vermilion,
when, and and the senators from the districts composed of Bond,
7 'Montgomery, and Macoupin, Tazewell and McLean,
I ' elby and Macon, Peoria, Jo Daviess, Putnam, La Salle
ai.d Cook, Schuyler, Fulton, Knry ""lenry, Calhoun,
McDonough, Warren and Mercer, shall proceed to
divide by lot their said number into two classes, t' e first
class of which shall serve until the expiration of two
years, from the first Monday of August, 1832; and the
second class shall perve four years, from the first
Monday in August, 1832. And in case of any vacancy
occurring in any of the aforesaid offices, the same shall
be filled in the manner prescribed by law for filling va-
cancies in the General Assembly.

[Approved, February 7th, 1831.]



APPROPRIATIONS.

AN ACT MAKING APPROPRIATIONS FOP. THE YEARS \^ ''°'^f^^..

lOQl 1 00(D 1" EB. io, 1831.

io6l AND 1832.

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly^ That the sum o!" six
thousand dollars is hereby set apart and appropriated,
as a contingent fund, to meet the contingent expenses of Contingant
the State for the years one thousand eight hundred andfi"»d.
thirty-one, and one thousand eight hundred and thirty-
two. The said contingent fund shall be subject to the Subject to tht
order of the Governor for the payment of any expenses order of the
which may be necessary and unforeseen by the Legisia- G^o'^'ernor.
ture,and for printing and distributing the Laws and Jour-
nals of the present Geneial Assembly, a statement of
which shall be laid before the next General Assembly,
by the Auditor in his biennial report.

Sec. 2. There shall be paid to the Speaker of the Compensa-
Senate and of the House of Representatives, respec-tion to the
lively, five dollars per day, for each day of the pre- ^embers of
sent Session, which shall extend to the late Lieuten- ^^ ^^^ ^
ant Governor Kinney for the time he served at the
present General Assembly. To the members of the
Senate and House of Representatives, three dollars per
day, for each day of the present session, and three dol-
lars for every twenty miles travel in going to and re-
turning from the seat of Government. To the tSecre- And offi«cr«,
tary of the Senate and principal clerk of the house of
representatives, respectively, five dollars per day, for
each day of the present session. To the enrolling and
engrossing clerks of the senate and house of representa-
tives, respectively, four dollars per day. To the assis-
tant secretary of the senate, and to the assistant clerk
of the house of representatives respectively, three dol-
lari per day. And the said compensation wdieji due to Sec. of the
the officers and members of the senate, as aforesaid. Senate to
shall be certified by the secretary thereof, with the ex- ^^^"^^^^^ "
ception of his own compensation, which shall be certified
by the speaker; and the compensation that may be due
to the ofiicers and members ot the house of reprcsenta- Clerk of tht
tives shall be certified by the principal clerk thereof,^^- ?^^* *°
and that of the clerk by the speaker; Avhich said, certi-^^*^ * ^'
ficates, when made out as aforesaid, shall be sufficient
evidence to the Auditor of each persons claim respec-
tively, who shall issue his warrant on the Treasury for
the amount such person shall be entitled to, as aforesaid,
to be paid out of any monies in the Treasury not other-
wise appropriated.

B3



10

Appropria-
tions.



C. Jones,

S. Stewart.
G. Flagg.

J. Black.



B. Parker.



J. Sinn.

R. Blackwell

D. Rawson.

Sheriff of
Fayette.

J. D. Gorin.



W. L. D.

Ewing.

W. McCon-
nel.

J. Enochs.

J.Y.Saw-
yer.

I. Walters.



APPROFRIATIONSV

Sec, 3. The auditor of public accounts shall is-
sue his warrant on the Treasury in favor of the ditFer-
ent persons herein after named, for the several sums an-
nexed to their respective names, to vrit: To Cadwalla-
der Jones, agent for Samuel Anderson, the sum of twenty-
dollars, for taxes paid on public land by mistake. To
Scoby Stewart six dollars, for taxes paid on resident
land improperly sold by the Auditor. To Gershom
Flagg ten dollars and fifty cents, being the amount paid
by him into the treasury for lands purchased at the Au-
ditor's sale, and for which the Auditor refuses to make
a deed. To James Black thirty-one dollars and thirty-
six cents for stationary furnished the present General
Assembly, and sixteen dollars and thirty-eight cents for
sundries furnished for repairing the state house, the sum
appropriated at the last General Assembly not being
sufficient to include the same. Also, Benjamin Parker
is allowed three dollars per day for the time that he sat
as a member of the present General Assembly, and
three dollars for every twenty miles travel in coming to
and returning from the seat of Government. To John
Sinn the sum of five dollars and fifty cents for covering
tables in both houses of the General Assembly. To
.Robert Blackwell the sum of two hundred and seventy-
six dollars and fifty-one cents, for printing addresses,
bills, and documents, for the present General Assembly.
To Daniel Rawson the sum of four dollars for wood
furnished the secretary, auditor, and treasurer's offices.
To the sheriff of Fayette county, in addition to the com-
pensation already allowed by law for his attendance on
the Supreme Court, the sum of one dollar and twenty-
five cents per day, during the present session of the
court. To John D. Gorin the sum of seven dollars
sixty-two and a half cents for blank books and other
stationary furnished by him for the use of the different
offices of this state. To William L. D. Ewing the sum
of twenty-four dollars and seventy-eight cents for sta-
tionary furnished the auditor's and secretary's offices.
To William McConnel the sum of eighty-one dollars
and fifteen cents for stationary fiirnished said offices.
To John Enochs the sum of fifteen dollars for fifteen
cords of wood furnished, for which no appropriation was
made at the last session. To John Y. Sawyer nine dollars
for three days service as clerk to the committee upon
the apportionment at the present session. To Isaac
Walters of Crawford county the sum of five dollars and
twenty-eight cents for taxes on resident land, imprd-



APPROPRIATIONS-



11



perly s©ld by the Auditor. To James Hall, treasurer, Treasurer,
the sum of four hundred dollars for clerk hire for the
years 18l29 and 1830. To the secretary of the senate Sec. of the
and clerk of the house of representatives, each, the sum ^^"^^ t^^h
of two hundred dollars for furnishing a copy of the h. r.
Journals for the press. To Blackwell and Stapp for Blackwell &
paper for the use of the General Assembly, twelve dol-^^'^^PP*
lars and fifty cents. To Thomas Houghan for station- T. Houghan.
ary and other articles, thirty-four dollars and seven
cents. To Joseph Conway six dollars and fifty-four J. Conway,
cents, being his fees as clerk of Madison Circuit court,
in the case of the Auditor of public accounts, for the
State of Illinois, against John H. Spencer, which was
dismissed at the plaintiff's cost. The Auditor of public
accounts shall issue his warrant on the Treasurer, in
favor of Blackwell and Stapp, for the sum of sixty-three Blackwell & ■-
dollars jind fifty-six cents for sundry articles furnished Stapp.
the state. To John Delaplainfor making and repairing j. Delaplain.
furniture, two dollars and twenty-five cents. Shadrach
Bond for thirty-seven days service as commissioner of s. Bond,
the penitentiary, one hundred and eleven dollars. To
Gershom Jayne for twenty-eight days service as commis-G. Jayne.
sioner of the penitentiary, eighty four dollars. To Wil-
liam P. McKee for twenty-seven days service as commis- w. p. Mc-
sioner of the penitentiary, eighty-one dollars. To Sam-Kee.
uel C. Dunham for furnishing a plan of the penitentiary s.C. Dun-
which was adopted by the commissioners, fifty dollars, ham.
To William Nichols, the sum of five dollars for qualify- W. Nichols,
ing the members. There shall be allowed to the Judge jy^lge of 5th
of the fifth judicial circuit, the sum of one hundred dol- Circuit,
lars, per annum, for the years 1831 and 1832, as an ex-
tra compensation, over and above his salary, for the ad-
ditional duties imposed on him by the act regulating the
circuits. To E. Capps, for one half ream of paper, one E.Capps.
dollar and eighty-seven and a half cents. To John Ste- S. Stevens,
vens for repairing state house doors,, and for sundry ar-
ticles furnished, nine dollars and twenty-two cents. To t c. Kirk-
Thomas C. Kirkman, lor swearing in the members of man.
the senate, three dollars. To John Enochs, three dol- J. Enochs.
lars, for one day's attendance as serjeant at arms to the
Senate. R. K. McLaughlin, for sundries furnished the r. k. Mc-
legislature at the present session, sixteen dollars eighty Laughlin.
seven and a half cents; and for thirty cords of wood
furnished the state this session, forty-one dollars and
twenty-five cents. To James Jones and David L. W.J.Jones&D.
Jones, nine dollars each, for three days services, assist- ^' ^* "^®°®**
ing the enrolling and engrossing clerks.



1 2 APPROPRIATIONS.

^ashierof the Sec. 4. The Cashiers of the branch banks, respec-
' tively, shall hereafter receive a salary, each, of the sum
of two hundred and fifty dollars, per annum, and no
more, any law to the contrary^ notwithstanding. Ebe-
nezer Capps is allowed the sum of twelve dollars and
fifiy cents, for stationary furnished the Legislature.
There shall be allowed to each of the counties of Ad-
ams, Pike, Schuyler, and Fulton, the sum of one hun-
dred dollars, annually; and to each of the other orga-
nized counties on the military tract, the sum of fifty
dollars, annually, in addition to the sums now authori-
zed by law to be paid to said counties in lieu of their
resident land tax. To Charles Dunn, Richard J. Ham-
the accounts iltcn, and Mordecai Mobley, each, four dollars per day,
C-tb*^ ' ^^f t' ^"^'^^^^^ employed in examining and adjusting the ac-
State bank, counts of James M. Duncan, late cashier of the State
bank, which time shall be certified by said auditors, or
a majority of them, to the Auditor of public accounts,
which being done, he shall issue a warrant on the trea-
sury, to each of said auditors, for the amount due. To
Com'r. forthe James Caldwell, commissioner for the sale of lands in the
sale of the Gallatin county Saline reserve, for money paid for ad-
a Jatin Sa- yertising sale of lands, office rent, books, stationary, and
a crier of the sale, the sum of one hundred and twenty-
, six dollars and sixty-three cents, to be paid out of the

monies arising from the sale of lands in the said Saline
reserve.

Sec. 5, There shall be allowed to the Secretary of
State, for clerk hire in copying the laws of the present
General Assembly, and making index and marginal
notes to the same, three hundred dollars.

[Apprcroed, Feb. l&h, 1831.]



E. Capps.

Extra allow-
ance to the
counties on
the Military
Tract.



Auditors of



Secretary of
State.



, AN ACT APPROPRIATING A PORTION OP THE AVAILS

Jn force

Feb. 16, 1831. arising from the sale of the saline lands, in

gallatin county, to internal improvement.

Sec. 1. Be if enacted by the People of the State of
Appropria- Illinois^ represented in the General Assembly^ That so soon
cw'r^^s ^°n- ^^ ^^ ^® ascertained that Congress grants permission to
8ent. this state to sell twenty thousand acres of land, now



APPROPRIAlTIONS. 23

asked for by the legislature of this state, and the fol-
lowing sums are realized from the sales of said lands, the
commissioners of said sales shall pay to the county com-
missioners court of Franklin county, the sum of eight To Franklin
hundred dollars to be expended under the direction county,
of said commissioners, in building a bridge across Big
Muddy river, on the road leading from the Gallatin
county saline to Kaskaskia and Belleville : To the county
commissioners court of Jackson county, one bundled and To Jackson
fifty dollars, to be expended under the direction of said^"""*^*
commissioners, in building a bridge across Big Crab
Orchard creek, on the road leading from Frankfort,
in Franklin county, by way of Eight Mile Prairie,
to Brownsville, in Jackson county: To the county com- To Pope
missioner's court of Pope county, the sum of five hundred county,
dollars, to be expended under the direction of said com-
missioners, in finishing the bridge across Lusk's creek,
near Golconda: To the county commissioner's court
of Gallatin county, to be laid out (" under the direction To Gallatin
of Leonard While, who shall direct and superintend the^°^"^y-
improvements on the roads in said county contemplated
in this act, and the disbursement of the money appro-
priated to said objects; and he shall take receipts for all
money paid out, and render an account of the money so
expended, when called on by the commissioner's court of
the county") on the road leading from Equality to
Shawnee town, by Weed's works, the sum of two hun-
dred dollars; on the road from Equality to Ford's ferry,
the sum of two hundred dollars; on the road from
Equality to Carmi, the sum of one hundred and fifty
dollars; on the road from Equahty by Blake's bridge, to
McLeansborough, the sum of one hundred and fifty
dollars; and on the road from Equality byChoisser's
to Mount Vernon, the sum of two hundred dollars;
and the sum of one hundred dollars to improve the
navigation of the Saline creek, from Kirkpatrick's mill
to AVhite's bridge: The sum of one hundred dollars,
to be appropriated on the road leading from Guard's
works to Frankfort, one half to be applied on the
road leading by Brown's, and the other half on the
road leading by Grable's; and the several appropriations
above made, amounting to eleven hundred dollars, to
the county of Gallatin, shall be paid in equal proportion,
until the same be paid: To the county commissioners
court of Monroe county, three hundred dollars, to To Monro©
be expended on roads and bridges, under the direction county,
of said court: To the county commissioner's court of



2 ^ APPROPRIATIONS.

To Cnion Union county, one hundred and fifty dollars, to be
county. expended under the direction of said commissioners,


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