tle papers to Deeds and ti- next, all deeds and other title papers, which are requir ed to be recorded, shall take effect, and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice, and all such deeds and title papers shall from the time same. 1837 13-14-be adjudged void as to all such creditors and subsequent 1841666 County recor keep their office several coun ties. Laws inconsis purchasers without notice, until the same shall be filed for record in the county where the said lands may lie. SEC. 6. The several recorders of this state, are hereby required to keep their offices at the seat of justice of the counties respectively, and a neglect or a refusal to do so, shall vacate the same; and the governor, upon the certificate of the clerk of the county commissioners' court, or other satisfactory proof of the fact, shall fill such vacancy by appointment. SEC. 7. That all laws and parts of laws coming within tent herewith the purview of this act shall be, and the same are hererepealed. 'by repealed. APPROVED, Jan. 18, 1833. In force March 20, 1833. STATE TREASURY AND TREASURER. AN ACT concerning the payment of money out of the SEC. 1. Be it enacted by the people of the state of Illinois, Money not to represented in the General Assembly, That no money shall be paid out of hereafter be paid out of the state treasury to any officer dividuals when of this state, towards his salary, or to any individual who indebted to the is now, or shall hereafter be, indebted to the state, to the treasury to in state. cuit attorneys the auditor state bank of Illinois, or any of its branches, until such of ficer or individual shall have accounted for, and paid into the treasury or to the state bank of Illinois, or either of its branches, as the case may be, all sums for which he may be liable: Provided, however, that officers or individuals who have paid the regular instalments to the state bank, or either of its branches, shall not be affected by this act. Treasurer, cir- SEC. 2. The treasurer, circuit attorneys, and attorney and attorney general of the several judicial circuits of this state, are gen'l. to furnish hereby required, on or before the first day of March walitof next, and at the end of every three months thereafter, persons indebt- to transmit to the auditor of public accounts, a list of all ed to the bank persons who are, or may be defaulters to the state bank, and branches. or any of its branches, and the amount due from each of such defaulters, and the auditor and treasurer shall as certain from such list the names of all officers and individuals, who are entitled to any money out of the treasury, and detain from all such persons, as may appear to be defaulters, as aforesaid, the amount which may appear to be due to the state, the state bank of Illinois, or either of its branches, until such_defaulter shall pay, or otherwise discharge such debt: Provided, however, that in all cases where the salary of any officer, or money due to any individual shall be detained, as aforesaid, it shall be the duty of the auditor of public accounts, upon the request of such officer or individual, to cause suit to be commenced against such officer or individual within sixty days after such request, and to cause the same to be prosecuted with a reasonable diligence to its final termination. All acts and parts of acts coming within the purview and meaning of this act, be, and the same are hereby repealed. This act to take effect and be in force from and after the twentieth day of March next. APPROVED, February 12, 1833. AN ACT concerning the State Treasurer. In force June $50,000. Be it enacted by the people of the state of Illinois, repre-" sented in the General Assembly, That hearafter each and State treasurer every state treasurer shall give bond, and a duplicate to give bond in bond with good and sufficient securities, in the sum of fifty thousand dollars, with a clause inserted that if at any time thereafter additional security be required, the / 2-3 same shall be given; the necessity of which additional bond and duplicate bond shall be left to the governor. Each and every bond, and duplicate hereby required, when made out and signed, shall be presented to the governor and judges of the supreme court, for inspection and approval, and if approved of by the governor and To be approved judges, or by the governor and any two of the judges, of by governor the original shall be deposited in the office of the and judges, and deposited secretary of state, and the duplicate copy in the of-in secretary's fice of the auditor of public accounts. Said bond or office. bonds and duplicates shall, in all other respects, be drawn as required by the law. So much of the law now in force as requires the treasurer to give bond in the sum of twenty thousand dollars, and that the governor alone Former provis shall approve the bond, is hereby repealed: Provided, however, that whenever a vacancy shall happen in the of fice of treasurer, either by death, resignation, or other ion repealed. wise, the governor, lieutenant governor, and auditor of public accounts, shall approve of the sufficiency of the se curity. This act to take effect from and after its passage. APPROVED, January 11, 1831. STATIONERY. In force Jan. AN ACT providing Stationery and Fire-wood for the use of the General Assembly. 6, 1825. Duty of secretary of state. SEC. I. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That previous to every session of the general assembly, it shall be the duty of the secretary of state to provide a sufficient quantity of stationery, for the use of both branches of the gen eral assembly, and to keep the same in his office, or some other safe place, except when it shall become his duty to part with it upon application by the proper authority. SEC. 2. Be it further enacted, That after having procured a suitable quantity of stationery, as aforesaid, upon the best terms it can be obtained, he shall present Auditor to issue his bill (specifying the quantity, with charges of transportation, if there be any) to the auditor of public ac counts, whose duty it shall be to give him a warrant upon the treasurer for the amount, if, in his opinion it shall be just and reasonable, who shall pay the same out of any moneys in the treasury not otherwise appropriated. his warrant for the amount. sals. SEC. 3. Be it further enacted, That the secretary is To advertise to hereby authorized to advertise, if necessary, three months receive propo- previous to each regular meeting of the general assembly, that he will receive proposals for furnishing firewood for the use of the said assembly, and it is required of him to contract with the person who will furnish it with the greatest certainty, and at the cheapest rate. APPROVED, Jan. 6, 1825. SURVEYORS. AN ACT regulating the appointment and duties of County In force June Surveyors. 1, 1829. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the house of County surveyrepresentatives shall nominate to the senate, a suitable ors how appointed. and fit person to discharge the functions of surveyor, in each and every county in this state; and if such nomina- Repeater tion be confirmed by the senate, it shall be the duty ofder 18.35 p.166 the governor to commission such person so appointed, And commisto continue in office during good behavior: Provided, sioned. that hereafter when the general assembly shall not be Recess apin session, and any vacancy shall happen in the office of pointments. county surveyor, by death, resignation, or otherwise, it shall be the duty of the county commissioners' court of the county in which such vacancy shall happen, to nominate a suitable person to fill such vacancy to the governor, who shall thereupon issue a commission to the person so nominated, and the person so appointed shall hold his office until the end of the next session of the general assembly thereafter: Provided, that an absence from the county for nine months at any one time, shall the county. be considered a sufficient cause to declare the office vacant, unless the surveyor's family continue to reside în the county. Absence from SEC. 2. Each and every surveyor shall, previous to his Oath. entering upon the duties of his office, take an oath that he will in all things, as county surveyor, perform the duties of his office to the best of his skill and judgment, without favor or affection, which oath may be administered by any judge, or justice of the peace, in the county to which such surveyor is appointed, and shall be en-ministered. dorsed on his commission. By whom ad veyor. SEC. 3. It shall be the duty of the said county survey Duty of sur or to make all surveys within the bounds of his county, that he may be called upon to make, either by himself, or deputy properly authorized by him, and competent to perform the duty, within a reasonable time after application is made to him. SEC 4. Each and every surveyor may appoint one or Deputies. more deputies to assist him in the performance of the duties of his office; each deputy shall take an oath similar to that previously taken by the surveyor himself, and Chainmen to ⚫ be sworn.. Original field notes. Surveys te made agreeably thereto. trees. Mounds. the surveyor shall be responsible for the official acts of his deputy.. SEC.. 5. All chainmen necessary shall be employed by the person wanting surveying done: They shall be good and disinterested persons, to be approved of by the surveyor, and they shall be sworn by the surveyor to measure justly and exactly, to the best of their knowledge. SEC. 6. It shall be the duty of all county surveyors, previous to their making any survey, under the authority of this act, to furnish themselves with the field notes of the original survey of the lands which they may be called on to survey; and all surveys made by county surveyor, shall be made agreeably to the original survey of the land. For the purpose of perpetuating every survey, the surveyor shall be required to establish his corners by taking bearing trees, and noting particularly Corners bearing their course, and distance, and where there are no trees within a reasonable distance, the surveyor shall perpetu. ate his corners by erecting mounds: Provided, that in all cases where it shall appear practicable, the surveyor. shall require the person having the survey made, to furnish suitable stones; and at each and every corner made and established, a stone shall be permanently placed in the ground, and in such cases it shall not be necessary to erect mounds; and shall moreover furnish the proprietor of every tract of land, with a copy of the original field notes, of every tract of land he may survey. It shall also be the duty of each county surveyor to provide himself with a well bound book, in which he shall carefully and legibly record and note down every survey made by him, giving therein the name of the person, the survey of whose land is so recorded, and describing What it shall as near as practicable, the metes and bounds of the land, and noting the date on which the survey was made; and such record shall be subject to the inspection of every person who may think himself interested; and a certiject to inspec fied copy thereof, under the hand of the surveyor, shall be admitted as prima facie evidence in any court of reMade prima cord in this state. Corner stones. Proprietor to be furnished with the original field notes. Record. contain. Shall be sub tion. facie evidence. Te be delivered to succes sor. SEC. 7. It shall be the duty of every county surveyor, or other person having the official record of such surveyor in his possession, to deliver up the said record to his successor, whenever he may be applied to for that purpose; and every person who, having possession thereof, Penalty for not will refuse to deliver the same to such successor, when doing so. demanded, shall forfeit and pay one dollar and fiity cents for every day he may detain it after demand, to be recov ered by any person who will sue for the before any How recovered. same, |