Committee to visit dyke.

Committee to

ville.

auditor of public accounts be and he is hereby directed to issue his warrant upon the treasurer in favor of and to each of the joint select committee, to wit: J. L. D. Morrison, A. J. Kuykendall, J. C. Davis, H. Patterson and John Carlin, appointed by this general assembly to visit the dykes opposite the city of St. Louis, and who did, in accordance with such appointment, visit said dykes; and, also, in favor of and to each of the joint select committee, to wit: H. S. visit Jackson- Osborn, Newton Cloud, William Reddick, P. Maxwell, W. S. Jones, W. Farrell, Daniel Wilson, H. Swan and J. C. Moore, appointed by this general assembly to visit the public buildings at Jacksonville, all of the necessary expenses of and actually paid out by each member of said committee, to be determined by the certificate of each member thereof, to be filed with the auditor before the warrants shall be drawn. That the sum of eleven dollars twenty-eight cents John Williams. be and the same is hereby allowed to John Williams, of Springfield, for articles furnished the constitutional convention. That the sum of seventeen dollars thirteen cents be and the same is allowed Maro M. L. Read for articles furnished the agent of the state, in using the railroad from Springfield to the Illinois river.

Maro M. L.
Read.

Appropriation.

§ 2. That the treasurer be and he is hereby directed to pay the warrants directed to be issued by the foregoing section, from any funds now in the treasury not expressly appropriated.

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

APPROVED Feb. 17, 1851.

In force Feb. 17, 1851.

Vacation of road.

Relocation.

AN ACT to vacate and relocate a portion of a state road named thercin.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of the state road leading from Petersbugh to Macomb, as lies between Vermont, in Fulton county, and Macomb, in McDonough county, be and is hereby vacated.

§ 2. That the portion of said road thus vacated shall be relocated as follows: Commencing at the public square in the town of Vermont, in Fulton county, thence running, on the nearest and best route, to the centre of section twenty-three (23,) in township four (4) north, one (1) west, in McDonough county; thence north, to the centre of section fourteen (14;) thence west, to the line of section fifteen (15;) thence north, to the north-east corner of section fifteen (15;) thence west, to the north-east corner of

section sixteen (16,) in said township; thence, on the nearest and best route, to Macomb, doing as little damage to the owners of land on said route as possible, by running on section lines.

§ 3. That J. H. Baker, Cleon Reddick and William Commissioners. Ryle, of McDonough county, are hereby appointed commissioners to mark out and relocate the said portion of road, within six months from the passage of this act, and to ascertain, as far as practicable, where damages may ac- Damages. crue, or will be claimed by individuals through whose lands the road hereby authorized may run, and report the probable amount thereof, and the names of the owners of such lands and property, to the county court of the county in which said lands may be situate; and when the said commissioners shall have laid out and established the said road as aforesaid, they shall make out and deliver to the clerk of the county court through which said road passes, a copy or plat of said road; which plat, when so received by said Plat. clerks, shall be entered of record in their several offices, and the said entries, when so made, shall be evidence in all courts of this state of the existence of said road.

$ 4. It shall be the duty of each county court through Duty of county which the aforesaid road herein authorized and established courts. may pass, when opened, to cause the same to be worked and kept in good repair, as far as the road labor of the hands of the county and the means of the county will justify.

commissioners.

§ 5. The county court of the several counties through Compensation of which said road passes, may allow to the commissioners herein appointed, and the said clerks, a reasonable compensation for the services rendered as aforesaid, in proportion to the amount of labor performed in each county; and the said commissioners appointed as aforesaid, before they enter upon the performance of their duties as herein designa- Oath of comted, shall be sworn by some acting justice of the peace of McDonough county, to view, mark and relocate the portion of said road, having due regard to private property.

This act to take effect from and after its passage.
APPROVED Feb. 17, 1851.

missioners.

AN ACT to enable the auditor of public accounts to collect the revenue.

In force Feb. 17,

1851.

levying.

SECTION 1. Be it enacted by the people of the State of Duty of officer Illinois, represented in the General Assembly, That when real estate shall be levied upon to satisfy any judgment in favor of the state, it shall be the duty of the officer making such levy, to transmit by mail, to the auditor, at least

Anditor to pur

twenty days before the day of sale, a correct statement, showing the description and value of said property, in cash; the truth of said statement shall be attested by the oath of hase for state. said officer. And the auditor is hereby authorized and required to purchase, in the name and tor the use of the state of Illinois, at a price not exceeding two-thirds of said value, so much of said property as may be required to pay the amount of the judgment and costs aforesaid; and it shall be the duty of the officer making such sale to forward to the auditor a certificate of purchase, and make his return, as required in other cases of sales on execution. Any person desiring to redeem said property from such sale, shall pay the amount of redemption money into the state treasury; and, thereupon, the auditor shall indorse such payment on the back of the certificate of purchase aforesaid, and deliver it to the person so paying; which shall have the same effect as redemptions have in other cases; but no real estate purchased as aforesaid shall be considered redeemed from such sale until the redemption is paid into the state treasury.

Redemption.

Redemption mc

ney.

If not redeemed.

Auditor to sell.

Proviso.

§ 2. All moneys received by any sheriff, or other officer, for the redemption of any real estate sold to the state, on execution, shall be paid by such officer into the state treasury, or to the collector of his county, as may be directed by the auditor, within twenty days after demand is made by said auditor, and shall be paid into the state treasury, by such collector, when he makes settlement for the state revenue: Provided, that the demand aforesaid may be made by any person authorized by the auditor to make such demand.

§ 3. If any real estate, purchased by the state on execution, shall not have been redeemed, or may not hereafter be redeemed, within the time required by law, it shall be the duty of the auditor to obtain a deed or deeds therefor; which he shall cause to be recorded in a book kept for that purpose, in his office, and shall take such steps as he shall deem necessary to protect the timber, or other fixtures thereon, from being lost or destroyed.

§ 4. The auditor of public accounts is hereby authorized and empowered to sell, transfer and convey, by deed, any and all real estate that may have been heretofore, or may be hereafter purchased, to satisfy, or in payment of any judgment, or any execution in favor of the state, by this state, or by any officer of this state, for the benefit and use of the state, to any person or persons who may pay into the state treasury the full amount paid by the state for said property, and six per cent. interest thereon, from the date of said sale to the time of such payment: Provided, that such amount shall be equal to the amount due the state on the judgment or decree on which the sale was made; or if

not, the sale may be made at such price, not less than the price paid for the property as aforesaid, as the judge of the county court and the sheriff of the county in which the estate is situated shall certify the same to be worth.

§ 5. State's attorneys, in addition to the duties now Duty of state's required by law, shall prosecute all suits in favor of the attorneys. state when required by the auditor; and where there is no other fee allowed by law for such service, they shall be allowed and paid out of the state treasury the sum of five Their fees. dollars, for commencing and prosecuting suits as aforesaid, to be paid on the certificate of the auditor, and approved by the governor.

6. If the back taxes on any forfeited property have Back taxes. not been collected, or the property sold as provided for by an act entitled an "An act to provide for the collection of the revenue on forfeited property," approved February twelfth, eighteen hundred and forty-nine, said taxes, with the interest and cost due thereon, shall be added to and collected with the tax of the current year: Provided, that where such taxes have not been added to the list for the current year, the clerk shall add them to the taxes of the year A. D. one thousand eight hundred and fifty-one. Said property shall be advertised and sold in the same manner as required by the act aforesaid.

Deeds.

case.

§ 7. Deeds on sales made in pursuance of this act, or of the foregoing recited act, shall be made by the sheriff or collector, as provided for in other cases of sales for taxes. § 8. In all cases where the collectors of the tax of the Interest remitted, in what year A. D. one thousand eight hundred and forty-nine, did not receive the tax books within the time required by law, or where any of the collectors aforesaid failed to obtain judgment on the delinquent list, at the time required by law, the auditor is hereby required to remit the interest on the accounts of such collectors; and in all cases where such interest has been paid into the treasury, the auditor shall cause the same to be refunded by drawing his warrant on the treasurer for the amount so paid.

§ 9. Sheriffs and collectors of the revenue for the year one thousand eight hundred and fifty-one, and subsequent years, shall be allowed a commission upon all moneys paid in to the state and county treasuries, of five per cent. on the first eight thousand dollars, three per cent. on the next ten thousand dollars, and two per cent. on all additional sums, instead of the commission now allowed by law; which allowance shall be apportioned between the county and state, in proportion to the amounts collected and paid over.

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

APPROVED Feb. 17, 1851.

Collector's com

missions.

In force Feb. 17, AN ACT to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other states and territories.

1851.

Governor to ap

SECTION 1. Be it enacted by the people of the State of point commis- Illinois, represented in the General Assembly, That the governor of this state is hereby authorized to name, appoint and commission so many commissioners in such of the other states and territories of the United States, or in the District of Columbia, as he may deem expedient: Provided, that the number of such commissioners shall at no time exceed five in any one city or county. The said commissioners shall continue in office for four years, and shall have authority to take the acknowledgment and proof of the execution of any deed, mortgage, lease or other conveyance, of any lands, tenements or hereditaments, lying or being in this state, or of any contract, assignment, transfer, letter of attorney, satisfaction of a judgment, or of a mortgage, or of any other writing or instrument under seal, to be used or recorded in this state; also, to administer an oath or affirmation to any person or persons who may desire to make such oath or affirmation.

Power of commissioners.

Oath.

§ 2. Any acknowledgment or proof taken in pursuance of the powers and under the directions and limitations conferred by and mentioned in this act, in manner directed by the laws of this state, with respect to the acknowledgment or proof of deeds taken by any officer authorized to take such acknowledgment residing within this state, and certified by any one of said commissioners whose appointment is authorized by this act, before whom the same shall be taken or made, under his hand and official seal, (which certificate shall be indorsed on the said deed, or other instrument mentioned in the first section of this act,) shall, when authenticated in the manner hereinafter provided, be entitled to be recorded in any county in this state, and shall have the same force and effect, and be as good and available in law, for all purposes, as if the same had been taken or made before any officer authorized to take such proof or acknowledgment, residing in this state, and any affidavit or affirmation, made before any such commissioner, certified and authenticated as aforesaid, may be read in evidence, and shall be as good and effectual, to all intents and purposes, as if taken and certified by any officer authorized to administer oaths residing in this state.

§ 3. Every commissioner appointed by virtue of this act, shall, before he performs any duty under or by virtue of his said appointment, and of this law, take and subscribe an oath or affirmation before a justice of the peace, or some other magistrate in the city or county in which he shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the