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AN ACT to a lj 13t the clain of George Peabody against the state.

In force (ci.

29, 1849.

claim.

SECTION 1. Be it enacted by the People of the State of GovernortondIllinois, represented in the General Assembly, That the just and nay governor of this state is hereby authorized and directed to adjust and pay the claim of George Peabody, of London, against the state of Illinois, for money advanced by him to Messrs. Ryan and Oakley, agents of the state, on or about the seventeenth of July, one thousand eight hundred and forty-four : Provided, that said George Peabody shall first Proviso. return to the governor the canal bonds hypothecated by said agents to secure the repayment of said advance.

§ 2. Be it further enacted, That the sum of five thou- Appropriation sand five hundred dollars, or so much thereof as may be necessary, and the same is hereby appropriated to pay the said claim of George Peabody, of London, against the state of Illinois, out of any money not otherwise appropriated, and that the auditor draw his warrant in favor of the governor on the treasurer for the same, or so much as shall be required for that purpose.

§ 3. This act to be in force from and after its passage. APPROVED October 29, 1849.

made.

AN ACT to enable the governor to carry out the provisions of a joint resolution in force Nor.

of the last session of the general assembly, awarding swords to certain others 6, 1849. engaged in the war with Mexico.

"Governor

cer ily.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, in order to enable the governor to carry out the provisions of a joint resolution of the last session of the general assembly, in awarding swords to certain officers from the state of Illinois, engaged in the war with Mexico, there is hereby appropriated, out of any money in the treasury not otherwise appropriated, a sufficient sum of money to pay for said swords.

The governor is hereby authorized to certify to auditor to draw the auditor the amount necessary to pay for said swords, warrants. and on the presentation of said certificate, the auditor of public accounts shall draw his warrants upon the treasury for such amount as may be set forth in the governor's certificate, in favor of the person or persons entitled to the same.

§ 3.· This act to be in force froin and after its passage. APPROVED Nov. 6, 1849.

§ 2.

la force Nov. 6,

1849.

AN ACT to pay John S. Roberts an amount due him.

SECTION 1. Be it enacted by the People of the State of Auditonto draw Illinois, represented in the General Assembly, That the au

ditor of public accounts be and he is hereby required to draw his warrant on the treasurer in javor of J. S. Roberts, for the sum of twenty-one dollars and twenty-five cents, with interest from February first, 1841, being the amount due him for postage on official letters of the board of public works: Provided, that on the settling of said account, the the said J. S. Roberts shall deliver to the auditor his receipt in full for said principal and interest.

§ 2. This act to take effect and be in force from and after its passage.

APPROVED Nov. 6, 1849.

in force Jan. 5, 1850.

AN ACT to enable the anditor of public accounts to prosecute claims in favor of

the state.

attories

heridt.

Section 1. Be it enacted by the People of the State of Diaty it state?, Illinois, represented in the General Assembly, That it shall

be the duty of the state's attorneys, when required by the auditor of public accounts, to bring suits on accounts against collectors or other persons indebted to the state, and to prosecute said claims to a final settlement and collection of the amount due.

§ 2. Any person who may desire to settle and pay over Diety of au iito , the amount due, after suit has been commenced, and before

execution has been issued, shall pay the same into the state treasury, and the auditor shall notify the clerk of the court where such suit was commenced of the fact, and he shall endorse the judgment “ satisfied.” The sheriff or other officer who shall collect any funds due on execution in favor of the state, shall pay the same into the state treasury within one month after he has received said funds.

§ 3. The state's attorney who shall prosecute any suit in compen atio . favor of the state, under the provisions of the preceding

sections of this act, shall receive as a compensation for his services, upon all sums not exceeding one thousand dollars, by him collected on executions, five per cent., and upon all sums exceeding one thousand dollars by him collected on execution, five per cent. for the first one thousand dollars, and two and one half per cent. upon so much thereof as exceeds one thousand dollars. Said commission to be in full for all services of said state's attorney in the suits in which such collections shall be made, and not to be allowed in any

cases where collections shall be made by the state's purchasing property; and in each case which is settled, after being commenced and prior to sale under execution thereon, by the payment into the state treasury of the amount due the state, the auditor is hereby authorized to draw his warrant upon the state treasury in favor of the state's attorney attending to said suit, for the sum of ten dollars.

§ 4. The prosecuting attorney for the circuit in which to attend to bu the supreme court for that grand division may be held, shall siness in the attend in that supreme court to all business therein in which supreme court the state or any county may be interested, and shall receive therefor one hundred dollars per annum out of the state treasury, in addition to his present salary, and the auditor is hereby required to issue his warrant on the treasurer for that amount in his favor.

APPROVED November 6, 1849.

AN ACT to authorize the auditor of public accounts and county courts lo rifond the in force Mog taxes on real estate sold in error.

7, 1849.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections Secs. repeatea. ninety and one hundred and eleven of chapter eighty-nine of the Revised Statutes, be and the same are hereby repealed, and hereafter the county court shall cause to be refunded the county tax on any real estate that may

be erroneously sold for taxes, and shall cause to be delivered to the purchaser, or his assignee, a certificate showing a description of the property sold in error, year's tax for which sold, the amount of the state tax sold for, and the cause of error; and upon the presentation of said certificate to the auditor of public accounts, he shall issue his warrant on the treasurer for the amount of state tax due as aforesaid : Provi- Proviso. ded, that said property was not taxable, or was double assessed, but if the property was properly assessed, the county and state shall not refund as above provided for, but the collector, who received the tax before sale, shall refund double the amount so received.

§ 2. If any collector shall refuse or neglect to refund, as above required, upon proper demand being made by the Penalty. claimant, he shall be liable to an action of debt in any court having jurisdiction of the amount. This act to take effect and be in force from and after its passage.

APPROVED November 7, 1849.

la force Nov.

AN ACT to provide for the filling of vacancies in certain county offices.

6, 1849.

Section 1. Be it enacted by the People of the State of vity of clerk. Illinois, représented in the General Assembly, That when

ever a vacancy shall happen in the office of sheriff, county surveyor, or coroner of any county of this state, by death,

resignation, or removal of any incumbent, it shall be the Governor to is-duty of the clerk of the county court of such county immegue writ.

diately to notify the governor of that fact, and it shall be the duty of the governor to issue a writ of election to fill such vacancy, and direct the time of holding the same; which election shall be proceeded in as in other cases of election.

§ 2. This act to be in force from and after its passage. APPROVED November 6, 1849.

In

force Nov. 6, 1849

AN ACT to confirm elections of county officers.

Elections confirmed.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all elections heretofore ordered by the governor to provide for filling vacancies in the office of sheriff and county officers, are hereby confirmed, and the elections of all such officers shall be valid.

§ 2. This act to take effect from and after its passage. APPROVED November 6, 1849.

tu force Nov. AN ACT to establish the jurisdiction of the circuit courts of the state of Illinois.

3, 1949.

Section 1. Be it enacted by the People of the State of Special terms. Illinois, represented in the General Assembly, That special

terms of the circuit courts may be held in the respective circuits which shall have jurisdiction in all criminal cases hereafter arising within said circuits, on indictment as hereinafter specified.

The

governor of the state of Illinois, whenever he is satisfied that it is essential to preserve law and order, and put down rebellion or mobs, or combinations to prevent the execution of law, shall require, by notice in writing, the judge of the circuit court in which circuit such illegal and criminal offences may be committed, to call a special term of the circuit court, to be holden in such part of his circuit as to him may seem convenient and suitable, within thirty

§ 2.

Duty of gover-
DOT

days after such requisition and notice; and it shall be the Duty of judge. duty of said judge immediately to fix upon a time and place of holding said special term, within the period aforesaid, and to issue a precept to each of the sheriffs of the several counties in his judicial circuit, (excepting such county or counties wherein such illegal and criminal offences may be alleged to have been committed,) to summon from each of said counties, not excepted as aforesaid, a fair proportion, to be fixed by said judge, of grand and petit jurors, for said special term of the circuit Court of his circuit. The said judge shall also cause notices of the time and place of holding said special term to be put up in three of the public places in each of the counties of his circuit, one of which notices shall be placed on the outer door of the court-house in each of the counties in said circuit. § 3. The said jurors shall possess the same qualifications Qualifications

of jurors. that are required for jurors now by law, except as to residence : Provided, that they shall be residents of said judicial circuit—and if at any time there be not in attendance upon such special term of the circuit court sufficient jurors, it shall be lawful to summon talesmen of said circuit.

§ 4. The grand jurors of said special term shall be Juror's duties. sworn and proceed in all respects, in procuring and hearing testimony in behalf of the people of the state of Illinois, and finding bills of indictments, as at the regular terms of the circuit court, except that they shall not have power to try cases coming up from any part of said circuit, except from the county or counties which are set forth in the notice of the governor as being in a state of riot or combination against the laws.

$ 5. The state's attorney of said judicial circuit shall Duty of prosebe notified of the time and place of holding said special cuting attor.. term, by said judge, and shall act as prosecutor for the people at said court, and the said court shall have power to appoint a prosecuting attorney pro tem., or an assistant prosecuting attorney; which prosecutor pro tem., or assistant prosecutor, shall be allowed for his services during said Compensation. term, not exceeding two hundred dollars, to be certified by the judge and paid out of the treasury.

§ 6. The said judge, upon the receipt of the notice of Marshal. the governor as aforesaid, shall appoint a marshal, who shall execute, such bond, with such security as the said judge may require, to conform as near as may be to the official

ond of sheriffs. The said marshal shall perform all the official duties arising out of, or connected with said special term of the circuit court within said circuit, which is required of sheriffs in their respective counties in criminal cases.

§ 7. The clerk of the circuit court in and for the coun-Cierko ty in which such special term may be holden, shall perform all the official duties of clerk arising out of or connected

neys.

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