And ev laws of the state of Illinois; which oath or affirmation shall § 4. When any deed or other instrument shall be proved Certificate of seor acknowledged, or any oath or affirmation shall be taken retary of state. before any commissioner appointed by virtue of this act, before it shall be entitled to be used, recorded, or read in evidence, in addition to the preceding requisites, there shall be subjoined or affixed to the certificate, signed and sealed by the commissioner as aforesaid, a certificate, under the hand and official seal of the secretary of state of this state, certifying that such commissioner was, at the time of taking such proof or acknowledgment, or of the administering such oath or affirmation, duly authorized to take the same, and that the secretary is acquainted with the handwriting of such commissioner, or has compared the signature to such certificate, with the signature of such commissioner deposited in his office, and that he verily believes the signature and the impression of the seal of the said certificate to be genuine. may be taken. § 5. No commissioner appointed under or by virtue of Where acknowthis law, shall be authorized to take the proof or acknowledgments ledgment of any deed or instrument, or to administer any oath or affirmation in any place other than the city or county within which he shall reside at the time of his appointment; and every certificate of any such commissioner, or any proof or acknowledgment taken before him, or any oath or affirmation administered by him, shall specify the day on Date and place which, and the city or town and county within which the same was taken or administered; and without said specification the said certificate shall be invalid, inoperative and void. shall be speci fied. § 6. The act entitled, "An act to authorize the ap- Acts repealed. pointment of commissioners in other states," approved March 1st, 1845; and also the act entitled "An act supplemental to an act to authorize the appointment of commissioners in other states," approved February 24, 1847, are hereby repealed; and all appointments under and by virtue of said acts shall cease, determine and become utterly null and void from and after the expiration of thirty Duty of secretary of state. Residence of commissioner. days after the day on which this act shall take effect; and the secretary of state of this state shall forthwith cause a copy of this act to be forwarded to each of the commissioners appointed under the said acts, whose appointments shall not have been previously revoked or superseded. § 7. It shall be the duty the secretary of state of this state, to prepare instructions and a sett of forms, in conformity with the laws of this state, and to forward the same, together with a copy of this act, to every person who shall be appointed a commissioner under and by virtue of this law; for which said secretary shall be entitled to demand and receive the sum of five dollars, of said party. § 8. No person shall be appointed a commissioner under this act, who is not at the time of his appointment a resident of the city or county, and state or territory, for which he may be appointed. § 9. This act shall take effect and be in force from and after the first day of July next. APPROVED February 17, 1851. In force April 18, 1851. Treasurers to be vember, 1851, AN ACT to amend the several acts relating to the election of county treasurer. SECTION 1. Be it enacted by the people of the State of elected in No-Illinois, represented in the General Assembly, That counand biennially ty treasurers shall hereafter be elected on the first Tuesday after the first Monday in November, A. D. eighteen hundred and fifty-one, and every two years thereafter. thereafter. Acts repealed. § 2. So much of any and all laws now in force as provides that county treasurers shall hold their offices for the term of four years, is hereby repealed. APPROVED Feb. 17, 1851. In force Feb. 17, AN ACT to authorize the city of Quincy to levy and collect a special tax for the 1851. Special tax authorized. purposes therein mentioned. SECTION 1. Be it enacted by the people of the_State of Illinois, represented in the General Assembly, That the city of Quincy is hereby authorized to levy and collect a special annual tax upon the property, real and personal, situated in said city, sufficient for the payment of the annual interest which may accrue upon any bonds to be hereafter issued by said city for railroad purposes, under the provisions of an act entitled "An act supplemental to an act entitled an act to provide for a general system of railroad incorporations," in force the 6th day of November, A. D. 1849. § 2. The special tax aforesaid shall be levied and col lected at the same time and in the same manner as the other taxes levied by said city, and the said city shall have the same rights, powers and remedies to enforce the collection of the same, by the sale of property or otherwise, as is or may be provided for in other cases relating to the city re venue. § 3. Said tax, when collected, shall by the said city be Application of set apart and held separate and distinct from the other por- tax. tions of the city revenue, as a fund specially pledged for the payment of the annual interest on the bonds aforesaid, and shall be by the said city, from time to time, applied to the payment of said interest, as the same becomes due and payable, and to no other purpose whatever. APPROVED Feb. 17, 1851. AN ACT to amend an act entitled "An act to create and establish the county of Jer- In force March sey," approved Feb. 28, 1839. 3, 1851. and boundaries defined. SECTION 1. Be it enacted by the people of the State of Act modified Illinois, represented in the General Assembly, That the first section of the act to which this is an amendment be so amended as to define the boundaries of said Jersey county, as follows: commencing at the north-east corner of township nine north, of range ten west of the third principal meridian; thence west, on the north line of said township, two and one-half miles, to the centre of section three; thence south, eighty rods, to the south-east corner of the north half of the north-west quarter of section three; thence west, one half mile, to the west line of said section three; thence south, with said line, two and one-fourth miles, to the centre of section sixteen; thence west, through the centre of sections sixteen (16,) seventeen (17,) and eighteen (18,) in town nine north, of range ten west, and sections thirteen (13,) fourteen (14,) and fifteen (15,) in township nine north, of range eleven west, six miles, to the east line of section sixteen; thence south, until it strikes the line as defined by said section; thence with said line to the centre of the Illinois river. § 2. That so much of said act to which this is an amend- Part of act rement as conflicts with the first section of this act, be and pealed. the same is hereby repealed: Provided, that the collectors Proviso. in the counties of Greene and Jersey are hereby author Taxes. ized to collect the state and county revenue, on assessments heretofore made in the said couties, in the same manner as Farther proviso. if this amendatory act had not passed: Provided, further, that the non-resident or delinquent list of lands be proceeded against and sold for the non-payment of the taxes assessed thereon for the year 1850, as returned by the assessors in the said counties respectively, and the moneys arising therefrom paid over to the state and county treasurers, as now provided by law; and all sales of lands for taxes shall be as valid as if this act had not been passed. And the sheriffs are hereby authorized to execute deeds for Bales of land for lands so sold for taxes in their respective counties, with the like effect as if the line of said counties had not been changed or altered by this act. taxes. This act to be in force March 3, 1851. Expense of creek. § 4. This act to be in force from and after the first Monday in March, 1851. § 5. Be it further enacted, That the expense of rebuildbridge across ing the bridge across the Macoupin creek, at Randle's mill, Macoupin shall be borne equally by the counties of Greene and Jersey. The said bridge to be constructed whenever the county court of Greene shall deem it necessary. APPROVED February 17, 1851. In force Feb. 17, AN ACT to amend an act entitled "An act to provide for the construction of plank 1851. Roads not to be over eight feet wide. Proviso. Powers of company. Proviso. roads by a general law." SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the law to which this an amendment shall not be so construed as to require the plank track of any plank road to be over eight feet wide: Provided, that the earth or dirt track shall be so constructed as to afford convenient turn-outs for teams. 2. Any company that shall have been or may hereaf ter be formed under the law to which this is an amendment, may build so much of the road contemplated in their organization as may be for the interest of the company, or for the traveling public, being not less than one mile in all, and shall be entitled to all the rights and privileges upon said finished portion of said road which are granted by the general plank road law and its amendments, for the full term of their organization: Provided, however, that such portions of the road so contemplated as may be unfinished after the lapse of five years from the organization of said company, may be vacated, or if at any time after the formation of any company, any other plank road company shall propose to organize for the construction of any unfinished portion of any company's road, it shall be lawful for the company having control of such road to surrender such unfinished portion of said road contemplated by their organization to the said newly formed company, by filing such surrender in the county clerk's office in the county wherein said road may be situated. § 3. That any team or teams that may travel on any Penalty for replank road, otherwise than to cross the same at the regular fusal to pay laid-outs, when the termini of the journey of any such tolls. teams shall be on different sides of any toll-gate, and shall not pay the regular toll for the use of said road so traveled upon, when demanded, or if they shall leave the road without paying the toll, whether formally demanded or not, such team or teams, and the owner or owners thereof, shall be liable to a fine of ten dollars, to be collected in an action of debt or trespass, before any court of this state having jurisdiction thereof, and in any county in the state where the trespasser may be found; and said fine, when col- Disposition of lected, shall be paid to the treasurer of the plank road com- fines. pany instituting such suit, who shall keep a true and accurate account of all moneys received by reason of fines, and shall annually, on the first Monday of January in each year, pay over one half of the nett proceeds of the same to the county treasurer, for the use of the county where said plank road is located, retaining the other half for the use and benefit of said plank road company. road be laid out. § 4. That if any road shall have been or shall be laid Should a rival out parallel with or in the same general direction with any plank road, within the distance of eighty rods on either side of such plank road, which road the said company shall believe was laid out with the express intention and for the purpose of interfering with such plank road, such plank road company is hereby authorized to file, in the circuit court of Authority of the proper county, a petition, setting forth the facts, and if first company. upon free hearing the judge of such court shall be satisfied that such was the intention, he is hereby authorized, by an order to be entered of record, to vacate such road. § 5. The shares of any company formed under the act Shares deemed to which this is amendatory, shall be deemed personal prop- perty, and as personal proerty, and may be transferred by assignment; which trans- bignable. fer shall be entered upon the books of said company, and such transfers shall show to and from whom transferred. to all plank road compa § 6. The provisions of this act, and all amendments to Act applicable which this is amendatory, shall apply to all plank road companies, whether formed under the general plank road law nies. or whether incorporated under special acts, or otherwise, so far as the same may not impair the provisions of special acts of incorporation. APPROVED Feb. 17, 1851. |