Illinois General Assembly.

Laws of the State of Illinois (Volume 1867) online

. (page 1 of 37)
Online LibraryIllinois General AssemblyLaws of the State of Illinois (Volume 1867) → online text (page 1 of 37)
Font size
QR-code for this ebook


"eepencii marks on
title page)

WARD BROTHERS,

^ PUBLISHERS
BOOK BINDERS

Blank Book Makers
JACKSONVILLE. ILL
Send for Price List stat-
■ ing what you have ,
"^ to bind. y



!\



DOCUMENTS COLLECTION
DO NOT TAKE FROM THIS ROOM



^HGLVED IN l./'.v\' COLLECTiON



I ""'"""lumcsumvEBsrry



L/BRARy





<30V.- *>VSS A£<3iAL ^3^.
USRARV

WESTTERN iLLiNOlS U»^^



Digitized by tine Internet Arciiive

in 2010 witii funding from

CARLI: Consortium of Academic and Researcii Libraries in Illinois



http://www.archive.org/details/lawsofstateofillcop11867illi



PUBLIC LAWS



OF THE



STATE OF ILLINOIS,



PASSED liY THE



TWEISTTY-FIFTH GENERAL ASSEMBLY,



COJNYENED JANUARY 7, 1S67.



SPRINGFIELD :

BAKER, BAILHACHE & CO., rRINTEKS.
1867.



TABLE OF CONTENTS.



APPROPRIATIONS: page.

An act to provide for the postage of the present general assembly 1

An act in aid of the National Lincoln Monument Association 2

An act to provide for the partial payment of the mileage and per diem of the

members and officers of the twenty-fifth general assembly 2

An act to defray the expenses of placing on exhibition at the French Universal

Exposition for ISSY, the Illinois state contributions 3

An act making appropriations for the payment of certain expenses incurred in car-
rying on the work of the state penitentiary, and expenses incurred in the man-
agement of the same - • • 4

An act for the support of the Illinois State Hospital for the Insane 4

An act to provide for the erection of a new state house 6

An act providing for the purchase of certain copies of the Illinois Digest 8

An act making provisions for the support of the state institutions, located in Jack-
sonville, Illinois, for the years 1867 and 1868 9

An act to increase the efficiency of the geological and mineralogical survey of

the state 10

An act to locate, construct and carry on the Illinois Southern Penitentiary 11

An act in aid of the Illinois Soldiers' College 14

An act making an appropriation in aid of the State Horticultural Society of Illi-
nois 16

An act making appropriations for the pay of the officers and members of the next

general assembly, and for the salaries of the officers of the government 16

An act to provide for the ordinary and contingent expenses of the government,

until the adjournment of the next regular session of the general assembly 18

An act concerning the board of education and the Illinois Natural History Society 21
An act to provide for the completion of the state penitentiary, and for other

necessary purposes connected therewith i . . . 22

An act making appropriations for services rendei'cd and materials furnished,

remaining unpaid and not otherwise provided for 23

An act to regulace the payment of the State Librarian 28

An act to furnish the State Library 28

An act to amend An act to establish a home for the ^children of deceased sol-
diers 29

An act to provide for the safe keeping of the public moneys 30

An act to remove the remains of the late Governor William H. Bissell, to Oak

Ridge Cemetery, and to erect a monument over the same 30

An act to provide for the payment of expenses incurred in binding and distribu-
ting the reports of the state agricultural society 31

An act to provide for tlie pajmient of the balance of the apportionment for the
state of Illinois, in the preparation of the Soldiers' National Cemetery at Gettys-
burg, Pennsylvania 31

An act to enable the governor to appoint a warden, and to provide for the govern-
ment and discipline of the state penitentiary 32

An act providing for the appointment of a State Entomologist 35

An act to procure the portraits of Abraham Lincoln and Steplicn A. Douglas.. ... 36

An act to renew the Great Seal of State 36

An act in aid of the Chicago Charitable Eye and Ear Infirmary 37

An act for the Reformation of Juvenile Offenders and Vagrants 38

An act for the relief of Henry G. C. Moritz 44

An act for the relief of Martin I. Lee 44

An act for the relief of Samuel Stookcy ' 45

An act for the relief of Fielden B. Roberts 45

An act for the relief of William H. Brockman 45

An act for the relief of Strothcr G. Jones 46

ATTORNEY GENERAL: An act to create the office of attorney general, etc 46



IV" CONTENTS.



AUDITOR OF PUBLIC ACCOUNTS: page.
An act to amend an act entitled "An act to enable the auditor of public accounts
to collect the revenue," approved February 17, 1851 48

BANKS :

An act to amend the general banking law so as to permit the withdrawal of secu-
rities in certain cases , 48

An act to repeal and amend the several laws in relation to banks in this state. . . . 49

CIRCUIT COURTS:

An act to fix the times of holding courts in the first judicial circuit 50

An act to change the boundaries and fix the times of holding courts in the fourth
judicial circuit 51

An act to fix the time of holding courts in the fifth judicial circuit 51

An act to fix the time of holding the term of the circuit court in Henry county,
in the sixth judicial circuit 52

An act to fix the time for holding the terms in the seventh judicial circuit, and
concerning jurors in said county 53

An act to fix the times of holding the courts in the tenth judicial circuit 53

An act to regulate the times of holding circuit courts in the fourteenth judicial
circuit •.-. 54

An act to fix the time of holding courts in the fifteenth judicial circuit, and to
establish terms for the disposal of criminal cases, and for other purposes 55

An act to change the times of holding courts in the seventeenth judicial circuit,
and to attach certain counties thereto, and to fix the times for holding courts
therein, and for other purposes 57

An act to change the times of holding courts in the eighteenth judicial circuit,
and to provide for an additional term of the circuit court iu the county of Sanga-
mon 58

An act to define the nineteenth judicial circuit, and fix the times of holding
courts therein 59

An act to fix the times of holding circuit courts in the county of Livingston, in
the twentieth judicial circuit ..... , 60

An act to change the time of holding courts in the twenty-second judicial circuit
of this state 61

An act to change the times of holding courts in the twenty-second judicial cir-
cuit 61

Anact to define the twenty-sixth judicial district of this state, and to fix the times
of holding courts therein 62

An act to change the times of holding courts in the twenty-seventh judicial circuit,
and to fix the times and places for holding courts therein, and for other pur-
poses 63

An act to regulate the terms of holding the circuit court of Kendall county 63

An act to regulate the practice in the circuit court of Stephenson county 64

An act to provide for the holding of the March term of the Jo Daviess county
circuit court, for the year 1867 66

Anact to amend an act entitled "An act to regulate the terms of the circuit
court of Will county," in force February 16, 1865 ... 66

An act to change the time of holding the circuit court in the county of Bureau.. . 67

Anact entitled "An act authorizing the clerk of the circuit court of Clinton
county to make up court records 67

An act to fix the time of holding the terms of the circuit court of Jo Daviess
county .68

An act authorizing Wesley Sloan, judge nineteenth judicial circuit of Illinois, to
certify compensation due to James R. Loomis, clerk of Gallatin circuit court,
for performing neglected and unfinished work of his predecessor 68

CANAL AND RIVER IMPROYEMENTS: An act for canal and river improvements. 81

CRIMINAL CODE:

An act to define and punish the crime commonly called the " confidence game". . 88
An act to ajnend the criminal code of this state in relation to the offense of abor-
tion , 89

An act in relation to Capital Punishment 90

CORONER OF COOK COUNTY:

An act to authorize the coroner of Cook county to appoint deputies.. 90



CONTENTS.



CIRCUIT COtJRTS: _ _ page.

An act to repeal sections six, seven, eight and nine, of an act entitled "An act
to regulate practice in the courts of tlie county of Kane, and state of Illinois,"
approved February 14, 1863 69

An act to amend an act entitled "An act to provide additional baililFs to wait
upon circuit courts," approved February 16, 1857 09

COUNTY COURTS:

An act to amend an act entitled " An act to establish the .Cook county court,"

approved February 21, 1845, and the acts amendatory thereto, and for other

purposes 70

An act to amend an act entitled " An act establishing county courts, and providing

for the election of justices of the peace and constables, and for other purposes,"

approved February 12, 1849 70

An act to change the time of holding the county court of Cook county 71

An act to enable county courts to settle up estates of deceased persons and minors 71
An act to fix the compensation of judges of the county courts of certain counties

therein named 71

An act to change the time of holding the semi-annual terms of the county courts of

Vermilion county , 72

An act to amend an act entitled "An act to extend the jurisdiction of the county

court of DeKalb county," approved February 12, 1863 72

An act to extend the jurisdiction of the county court of Marion county 73

COURT— SUPREME:

An act fixing the time of holding the supreme court in the first grand division. . . 75
An act fixing the terms of the supreme court in the first and third grand divisions. 75
COURTS OF COMMON PLEAS:

An act to further increase the salary of the judge of the courts of common pleas of

the cities of Aurora and Elgin '. 76

An act to change the times of holding the court of common pleas of the city of

Cairo, and for other purposes 76

CITY COURTS : An act to change the time of holding the Alton city court 77

COUNTY JUDGES:

An act to provide for the compensation of county judges 77

An act to fix the pay of certain officers therein named 77

An act to extend the jurisdiction of the county judge of Will county, Illinois,

while acting as a justice of the peace 78

An act to increase the compensation of the county judge and associate justices in

the county of Madison 78

COUNTIES: An act giving the counties of Alexander and Pulaski concurrent juris-
diction over Cache river, and for other purposes 79

CANADA THISTLE : An act to prevent the introduction and propagation of Canada

Thistles in the state of Illinois 79

CORPORATIONS:

An act to amend an act entitled "An act to authorize the formation of corpora-
tions for manufacturing, mechanical or chemical purposes," approved February

18th, 1857 '.80

An act in relation to the consolidation of incorporated companies 80

CONTRACTS: An act concerning the remedy upon contracts therein referred to 81

DRAINAGE :

An act to amend an act entitled " An act to facilitate the drainage of wet lands ". 91

An act to amend the drainage law 92

An act to amend an act entitled " An act to facilitate the drainage of wet lands " . 95

DEEDS OF TRUST : An act for the releasing of trust deeds in the nature of mortgages 90

DISTRICT ROAD TAX : An act in relation to district road tax 96

DOMESTIC ANIMALS:

An act to prevent sheep and swine from running at large in Lake county 97

An act to prevent domestic animals from running at large in the counties of Mon-
roe, St. Clair, and other counties ' 97

DISTRIBUTION OF LAWS, ETC.:

An act to facilitate the distribution of the laws, journals and reports of this state . 100

EIGHT HOURS A DAY'S WORK: An act making eight hours a legal day's work. . . 101



VI CONTENTS.



ELECTIONS : page.

An act to change the time of electing certain officers in a county therein named. .102

An act to provide for the division of towns or election districts, in counties adopt-
ing township organization, into two or more election districts 104

EQUALIZATION — BOARD OF: An act to amend the revenue laws, and to establish a

state board for the equalization of assessments 105

FEES:

An act to repeal the increased fees of certain officers in the county of St. Clair.. .110

An act to amend "An act in relation to the fees of certain officers in certain coun-
ties therein named," approved February 16, 1865 Ill

An act to increase the fees of certain officers in the county of Peoria 112

An act to extend the provisions of and continue in force an act entitled " An act
to regulate the fees and compensation of sherifis and collectors in certain coun-
ties," approved February the 16th, 1865 ." 112

An act to amend "An act to regulate the fees and compensation of sheriffs and
collectors in certain counties," approved February 16, 1865 112

An act to establish and fix the fees of justices of the peace and constables in
this state '..'. 113

An act to increase the compensation of the sheriffs of the counties of Adams and
St. Clair, for dieting prisoners .114

An act to repeal a portion of an act entitled "An act in relation to the fees of
certain officers in certain counties therein named," approved February 16, 1865. .115

An act in relation to fees of county officers in certain counties 115

An act to amend an act entitled "An act to amend the act entitled fees and sala-
ries," approved February 12, 1849, and to simplify said act 116

An act to increase the compensation of sheriffs in the county of Knos 116

FISH:

An act to prohibit netting fish at the Grand Rapids of the AVabash river, in Wabash
county 117

An act to preserve the fish in the Illinois and Fox rivers, and in the Illinois and

Michigan Canal, at the places designated in said act 118

FUGITIVES FROM JUSTICE: An act to amend the law relative to fugitives from justicellP

GAME :

An act to amend an act entitled "An act for the preservation of game," approved

February 16, 1865 120

An act to amend an act entitled "An act for the preservation of game," approved

February 16, 1865 ' 120

An act to exempt the county of Piatt from the operation of the game law 121

An act to extend the provisions of the game law to certain counties therein named,

and to prevent non-residents from killing game for market 121

INDUSTRIAL UNIVERSITY:

An act in relation to the location of the Industrial University 122

An act to provide for the organization and maintenance of the Illinois Industrial

University 123

An act supplemental to an act entitled "An act to provide for the organization,

endowment and maintenance of the Illinois Industrial University " 130

INTEREST:

An act for the transfer of a portion of the surplus of the interest fund to the reve-.

nue fund 130

An act regulating the payment of interest on the school, college and seminary

funds 131

LANDS:

An act to provide for the sale of a tract of land belonging to the state of Illinois,
lying in Shelby county, and to amend an act entitled "An act to provide for the
sale of the state lands, and liquidation of the state indebtedness, and to grant
the right of pre-emption to settlers on state lands," approved February 14, 1853.131

MARRIED WOMEN: An act in relation to married women 132

MECHANICS' LIEN:

An act to extend the provisions of an act entitled "An act for the better security
of mechanics erecting buildings in the state of Illinois," approved February 14,
1863 .■ 133

MINORS: An act to provide for the adoption of minors 133



CONTENTS. VII



NOTARIES PUBLIC: page.

An act to increase the number of notaries public in this state 134

An act in relation to notaries public in the city of Freeport ."135

PARTNERSHIPS: An act to amend an act entitled "An act in relation to limited
partnerships," approved February 23, 184'7 135

PENITENTIARIES :

An act to lease the penitentiary 1 S*?

An act supplementary to an act entitled " An act to lease the penitentiary ". . . .139

PERSONAL LIBERTY : An act for the protection of personal liberty 139

PLANK ROADS: An act to amend an act entitled "An act to provide for the con-
struction of plank roads by a general law," approved February 12, 1849, and the
several acts amendatory thereof 141

PUBLIC LAWS:

An act authorizing E. B. Myers, of Chicago, to publish the public laws, as passed at
each session of the general assembly of this state, on his own account 2

An act authorizing Messrs. Callaghan and Cutler, of Chicago, to publish the public
laws, as passed at each session of the general assembly of this state 141

An act in relation to publishing the public laws of the state of Illinois 142

PUBLIC DEBT : An act providing for a reduction in the rate of state taxation for

payment of interest accruing on the public debt 143

PRINTING AND BINDING:

An act to amend an act entitled "An act to reduce the several acts in relation to

printing and binding, into one act, and to amend the same " 143

An act to amend an act entitled "An act to reduce the several acts in relation to
printing and binding, into one act, and to amend the same," approved February

16,1865 167

RAILWAYS : An act concerning branch railways in this state 144

REDEMPTION OF LANDS:

An act in relation to the redemption of certain lands bid off for and sold to the
state, under an execution in its favor, against Abram Highlands and others.. . , ,145

REPORTERS— OFFICIAL: An act for the appointment of official reporters, and for
the preservation of evidence in certain cases, in Cook county 146

RECORDS : An act to regulate the indexing of records 148

An act for the relief of Christopher G. Vaughn 148

An act for the relief of Joseph Dyson 149

An act for the relief of the widow and heirs of James H. Collins 150

An act for the relief of Geoi'ge L. Huntington and John S. Vredenburg 150

An act for the relief of the heirs at law of Edward Bement 151

An act for the relief of the citizens of the American Bottom, in St. Clair county. .152
An act for the relief of certain persons therein named 153

RELIEF :

■ An act for the relief of John G. Jarvis, William W. Jarvis, Henry M. Kimball,

James B. Andrews and Samuel Pitman 154

An act for the relief of John Welsh 154

An act for the relief of Joseph H. Morgan 165

An act for the relief of the administrators of Akin Evans, deceased 155

REVISED STATUTES:

An act to amend chapter seventy-nine of the Revised Statutes of 1845, entitled

"Partitions" 156

An act to amend an act entitled " An act to amend chapter XLIII of the Revised

Statutes, entitled Forcible Entry and Detainer," approved May 16, 1865 15*7

An act construing the part of section thirteen of chapter eighty- three of the
Revised Statues, entitled " Practice," so far as the same relates to the contin-
uance of causes 157

An act to amend chapter 110, Revised Statutes, entitled " Wills" 158

An act to amend chapter 30 of the Revised Statutes of 1845 158

An act to amend chapter thirtj'-six of the Revised Statutes, entitled "Roads" 159

An act to amend chapter thirty (30) of the Revised Statutes, entitled "Criminal

Jurisprudence " 159

An act to amend chapter ninety-three of the Revised Statutes of 1845, entitled
"Roads" 160



Tin CONTENTS.



SCHOOLS : page.
An act to furnish information to school officers 160

■ An act to amend an act entitled "An act to establish and maintain a system of

free schools in the state of Illinois," approved February 16, 1865 161

STATE HOUSE:

An act to provide for the erection of a new state house -.165

An act supplemental to "An act to provide for the erection of anew state house,"

approved February 25, a. d, 1867 ^. 164

STATE INSTITUTIONS: An act for the further protection of the state institutions. .165

TAXES:

An aet to apportion the expense of collecting a certain tax therein named, and to

authorize the auditor to settle the same 165

An act to refund to Jacob Hepperly, executor, state taxes paid in error 166

An act entitled "An act to extend the powers and jurisdiction of collectors of

taxes" 166

An act compelling holders of tax certificates to take out deeds or lose their

claims 16*7

An act in regard to publishing delinquent tax list 16*7

TELEGRAPHS : An act amending an act for the establishment of telegraphs 168

TEXAS AND CHEROKEE CATTLE: An act to prevent the importation of Texas or
Cherokee cattle into the state of Illinois 169

TOWNSHIP ORGANIZATION:

An act to amend article seventeen of an act entitled "An act to reduce the act to
provide for township organization and the several acts amendatory thereof into
one act, and to amend the same" 169

An act to amend an act entitled "An act to reduce the act to provide for township
organization and the several acts amendatory thereof into one act and to amend
the same 172

An act to amend "An act to reduce the act to provide for township organization
and the several acts amendatory thereof into one aet". .172

TOWNS AND CITIES:

An act to amend an act entitled " An act for the better government of towns and

cities, and to amend the charters thereof," approved February 27, 1854 174

TRAVEL AND TRANSPORTATION: An act to facilitate travel and transportation. 174
UNITED STATES— JURISDICTION CEDED TO:

An act to cede jurisdiction to the United States over certain land in Cook county,
Illinois, purchased by the United States for the purpose of erecting thereon a

marine hospital 175

An act ceding to the United States of America jurisdiction over certain lands in

the county of Rock Island, state of Illinois 175

An act to cede to the United States jurisdiction over any lands in Cook county

that they may purchase, on which to locate a marine hospital 176

An act to cede jurisdiction to the United States over certain lands near Alton . .176

WAREHOUSEMEN:

An act regulating warehousemen, and authorizing connections of railroads with

warehouses, and for other purposes , 177

An act to amend an act entitled "An act regulating warehousemen, and authori-
zing connections of railroads with warehouses, and for other purposes," approved "

February 16, a. d. 1867 , 182

WITNESSES : An act relating to the competency of witnesses in civil cases 183

JOINT RESOLUTIONS



THE PUBLIC LAWS



ST^TE OF ILLIISrOIS



APPEOPRIATIONS.



AN ACT to provide for the postage of tlie present General Asseml)l.v. Tn fovco Janiin-

ry 12. 1807.

Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the sum postage.
of eight thousand three hundred and tweuty-live dollars
($8,325) or so much thereof as may be necessary, is hereby
appropriated, to be paid out of any funds in the treasury
not otherwise appropriated, for the purpose of paying the
postage of the present general assembly.

§ 2. On the certificate of tr.e secretary of state showing Auditor to draw
the amount of postage used by this general assembly, not "or post'!n^e'!'^'
exceeding the said sum of eight thousand three hundred
and twenty-five dollars ($8,325), the auditor of public ac-
counts shall draw his warrant on the treasury in favor of
the post- master of the city of Springfield, for the sum so
certified by the secretary of state.

§ 3. That the postage stamps ordered by this general secretary to rur-
assembly, be furnished by the secretary of state to the stamps!"^ ^^*
speaker and members of the senate and house of represen-
tatives, upon their written orders.

§4, The secretary of state is hereby directed not to To be drawn pro
allow any member or oflacer of the senate or house of rep- ^^*^'
resentatives to draw more than his pro rata of the whole
amount of postage provided for by this act.

§ 5. This act shall be in force from and after its passage.

Approved January 12th, 1867.



APTKOPKIATIONS. 1867



In force Janua- AN ACT in aid of the National Lincoln Monument Association,

ry 29, 1867.

Section 1. Be it enacted hy the People of the State of

Illinois rej/resented in the General Asseinhly, That the sum

"^^o'erecf tnon- ^^ ^^^^.T thousaiid dollars be and the same is hereby appro-

ument. priatcd out of any money in the treasury, not otherwise

appropriated, in aid of the National Lincohi Monument

Association, for the purpose of erecting a monument over

the remains of Abraham Lincohi, late president of the

United States.

When to be ex- § 2. No money shall be paid under the provisions of this

pended. ^ct uutil the iTiouey now in the hands of the association is

expended in the erection of said monument.

President and | 3. "Whenever the president and secretary of said

cert^fy!'^^ "^ associatioii shall . certify to the auditor of public accounts,

under their hands, attested by the seal of said association,

that the money in tlie hands of the association has been

expended in the erection of said monument, the auditor



Online LibraryIllinois General AssemblyLaws of the State of Illinois (Volume 1867) → online text (page 1 of 37)