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Proceeds of said lots.

Duty of waiden.

He shall be treasurer.

Shall take an oath.

Shall give bond.

acres on the eastern side of the lot of land on which the penitentiary is situated, and to make such streets as they may deem necessary to add to the value of said lots, and to sell the said lots at public vendue, to the highest bidder, on a credit of six, twelve, and eighteen months, the purchaser giving bond, with approved security, and a lien on the lots for the purchase money: Provided, that William Russel, the doner of said land, give his consent to such sale.

SEC. 6. The proceeds of the sales of said lots shall be applied under the direction of the inspectors, to the building of the wall and workshops mentioned in the fourth section of this act.

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SEC. 7. It shall be the duty of the warden of said penitentiary, to receive such persons as shall be convicted, sentenced, and ordered to imprisonment, and them safely keep in the said penitentiary pursuant to their sentence, until their time shall expire, or they be otherwise discharged by due course of law; to exercise general supervision over the government and police of the spenitentiary, and the prisoners therein confined, under the direction of the inspectors; the said warden or his authorized agent, shall be required to examine daily into the state of the penitentiary, and the health, conduct, and safe keeping of the prisoners; to superintend the manufactory, and mechanic's business that may be carried on in said penitentiary, to receive the articles manufactured and dispose of the same for the benefit of the state, and to purchase all necessary and proper supplies for the use of the penitentiary.

SEC. 8. The warden shall be treasurer of the said penitentiary, and shall keep the books and accounts belonging to the same; and shall make a monthly report to the inspectors of all the material transactions which may be connected with the penitentiary; the said warden, before he enters on the duties of his office, shall take an oath for the faithful discharge of his duties as warden, and shall also give a bond to the governor, for the use of the people of the state of Illinois, in the penal sum of ten thousand dollars, with sufficient security, to be approved by the governor, conditioned for the faithful discharge of the duties of his office.

Compensation SEC. 9. The said inspectors shall each receive the sum of inspectors. of two dollars per day, for each day they may be necessarily employed in the discharge of the duties of their office: Provided, that the same shall not exceed fifty dolSalary of war-lars in the course of any one year, and the warden shall receive an annual salary of three hundred dollars, to be

dens.

paid out of any money in the treasury not otherwise appropriated, on the warrant of the auditor, as other public officers are paid.

SEC. 10. The present inspectors shall receive for their Compensation services for the last two years the following sums, to wit: inspectors. of the present、 John Reynolds, seventy-four dollars; Samuel Judy, fiftyeight dollars; George Smith, fifty-eight dollars; James Reynolds, seventy-four dollars; and Charles Howard, thirty dollars; to be paid out of any money in the treasu ry not otherwise appropriated.

This act to be in force from and after its passage.
APPROVED, February 19, 1833.

AN ACT requiring persons who petition the General As-In force June sembly, to give certain notices before such petitions are final- 1, 1827. ly acted upon.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That no petition or petitions, shall, after the end of the present session of the general assembly, be finally acted upon, which prays for a change of county lines, the erection of new counties, the removal of the seat of justice of any county, or which may affect the rights and interests of any person or persons, unless the petitioner or petitioners shall have given four weeks notice in some newspaper printed in this Four weeks state, and a copy of said advertisement shall be put up on the court house door in said county, at least two months before such petition or petitions shall be presented to the general assembly.

SEC. 2. The act entitled "An act relative to the formation and division of new counties," is hereby repealed.

notice to be

given.

voters,

SEC. 3. That no county shall hereafter be divided, or No county to county seat removed, unless it be done on a petition sign- be divided uned by a majority of the qualified voters of said county, so less on petition to be divided, or the county seat removed, which petition of a majority of shall particularly describe the line or lines of division or curtailment so proposed, and the particular place to which such county seat is proposed to be removed.

This act to be in force from and after the first day of
June next.
APPROVED, Dec, 26, 1826,

In force March
1, 1833.

let Amended)
1838 p.138
County com-
missioners to
superintend
poor.

1935.466

supported.

POOR.

AN ACT for the relief of the Poor.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the county commissioners' court of the several counties of this state, shall be, and they are hereby vested with entire and exclusive superintendence of the poor, in their respective

counties.

SEC. 2. Every poor person who shall be unable to Persons aflic earn a livelihood in consequence of any bodily infirmity, ted with bodily idiocy, lunacy, or other unavoidable cause, shall be supwhom to be ported by the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters, of such poor person, if they, or either of them be of sufficient ability. And every person who shall fail or refuse to support his or her father, grand-father, mother, grandmother, child or grand-child, sister, or brother, when directed by the county commissoners' court of the county where such poor person shall be found, whether such relative reside in the same county or not, shall forfeit and pay to the said county commissioners for the use of the poor of their county, the sum of five dollars for every month for which they or either of them shall fail or refuse, to be recovered in the name of the county commissioners' court for the use the of poor, as aforesaid, before any justice of the peace, or any other court having jų risdiction: Provided, that when any person become a pauper from intemperance or other bad conduct, they shall not be entitled to support from any relation except parent or child.

Proviso.

shall be first
called on.

SEC. 3. The children shall first be called on to supWhat relatives port their parents, if there be children of sufficient ability, and if there be none of sufficient ability, the parents of such poor person shall be next called on, and if there be no poor parents or children, the brothers and sisters of such poor person shall next be called on, and if there be no brothers or sisters, the grand-children of such poor person, shall next be called on, and then the grand-parents: Provided, married females, whilst their husbands live, shall not be liable to a suit.

SEC. 4. When any such poor person shall not have When paupers any such relatives in any county in this state, as are nashall not have med in the preceding sections, or such relative shall not be of sufficient ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief as his or her case may require, out of the county

relations.

treasury; and the county commissioners may either make contracts for the necessary maintenance of the poor, or appoint such agents as they may deem necessary to oversee and provide for the same.

SEC. 5. When any minor shall become, or likely to become chargeable to the county, either because of be ing an orphan, or because the parents or other relatives as aforesaid are unable, or refuse to support such minor, it shall be the duty of the county commissioners to bind such minor as an apprentice to some respectable householder of the county by written indenture, which shall bind such minor to serve as an apprentice, and shall in all respects be to the tenor and effect as required in the act concerning apprentices.

Minors.

Non resident

falling sick and

SEC. 6. When any non-resident or any other person not coming within the definition of a pauper, shall fall dying. sick or die in any county of this state, not having money or property to pay his board, nursing, and medical aid, it shall be the duty of the overseers of the poor of the proper township, or if there be none, then of the nearest county commissioner of the county, upon complaint being made, to give or order to be given such assistance to such poor person as they may deem just and necessary; and if said sick person shall die, then the said overseers or county commissioner shall give, or order to be given to such person a decent burial: and the said over seers or county commissioner shall make such allowance for board, nursing, medical aid, or burial expenses as they shall deem just and equitable; which allowance shall be laid before the county commissioners' court, and the said court shall allow either, the whole or such reasonable and just part thereof as ought to be allowed, and order the same to be paid out of the county treasury.

SEC. 7. All acts and parts of acts heretofore passed Acs repealed. for the relief of the poor are hereby repealed. But no

right accruing or accrued before this act takes effect,

shall be prejudiced by such repeal.

This act to take effect from and after its passage.

APPROVED, March 1, 1833.

In force July
1, 1827.

Obligation to
pay..

2.9.6.173.4

PROMISSORY NOTES, &c.

AN ACT relative to Promissory Notes, Bonds, Due-bills, and other instruments in writing, and making them assignable.

SEC. 1. Be it enacted by the people of the state of Illinois represented in the General Assembly, That all promissory notes, bonds, due-bills, and other instruments in writing, made, or to be made, by any person or persons, body politic or corporate, whereby such person or persons promise or agree to pay any sum of money, or articles of personal property, or any sum of money in personal property, or acknowledge any sum of money or article of personal property to be due to any other person or persons, shall be taken to be due and payable, and the sum of money or article of personal property therein mentioned, shall by virtue thereof be due and payable to the person or persons to whom the said note, bond, bill, or other instrument in writing is made. And any

D.S.6.p.35.100 100 such note, bond, bill, or other instrument in writings

226

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Notes, &c. may
be assigned.

Assignee
not be proved

made payable to any person or persons, shall be assignable by endorsement thereon, under the hand or hands of such person or persons, and of his, her, or their assignee or assignees, in the same manner as bills of exchange are, so as absolutely to transfer and vest the property thereof in each and every assignee or assignees successively. And any assignee or assignees to whom such sum of money or personal property is by such endorsement or endorsements made payable, or in case of the death of such assignee or assignees, his, her, or their exenewcutors or administrators may in his, her, or their own name or names, institute and maintain the same kind of action for the recovery thereof against the person or persons who made and executed any such note, bond, bill, or other instrument in writing, or against his, her, or their heirs, executors, or administrators, as might have been maintained against him, her, or them, by the obligee or payee, in case the same had not been assigned; and in every such action in which judgment shall be given for the plaintiff or plaintiffs, he, she, or they shall recover his, her, or their damages and costs of suit, as in other cases: Provided, that the maker shall never be allowed to allege payment to the payee, made after notice of such assignment, as a defence against such assignee or assignees.

1838 p. 271.

SEC. 2. Every assignor or assignors, or his, her, or

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