AN ACT to amend an act entitled "An act to lease the penitentiary," approved In force Jan. March 1st, 1845. 1851. SECTION 1. Be it enacted by the people of the State of Lease extend Illinois, represented in the General Assembly, That the lease granted to Samuel A. Buckmaster by the legislature of this state, by an act entitled "An act to lease the penitentiary," approved March first, 1845, be and the same is hereby extended, for and during the period of five years from and after the expiration of the present lease granted by the said act to which this is an amendment. § 2. The said Samuel A. Buckmaster shall pay, annu- Yearly rent. ally, the sum of five thousand and one hundred dollars bonus, or rent, for said penitentiary, as is provided for by sec. 2 of the act to which this is an amendment. § 3. The said Samuel A. Buckmaster shall enter into Bond requires bond, conditioned to comply with the provisions of this act, and the act to which this is an amendment; which bond shall be made to the people of the state of Illinois, in the penal sum of twenty thousand dollars, with good and sufficient securities, to be approved by the governor of this state; which bond shall be executed within thirty days after the passage of this act, and shall be renewable every two years, or oftener, if, in the opinion of the inspectors of the penitentiary, the securities become insufficient. § 4. This act to take effect and be in force from and after its passage. APPROVED January 31, 1851. AN ACT to establish the twelfth judicial circuit. In force Feb. 1851. SECTION 1. Be it enacted by the people of the State of Time of holdin Illinois, represented in the General Assembly, That the courts. counties of Marion, Jefferson, Hamilton, Wayne, White, Wabash, Edwards, Gallatin and Saline, shall compose a judicial circuit, to be called the twelfth judicial circuit of the state of Illinois, and that circuit courts shall be holden at the respective county seats of the said counties, at the times following, viz: In the county of White, on the first Mondays in April and August; in the county of Wabash, on the Mondays following; in the connty of Edwards, on the Mondays following; in the county of Wayne, on the Mondays following; in the county of Marion, on the Mondays following; in the county of Jefferson, on the Mondays following in the county of Hamilton, on the Mondays following; in the county of Saline, on the Mondays follow Process return fore. ing; and in the county of Gallatin, on the Mondays following, and to continue therein indefinitely for the dispatch of business. § 2. All writs, subpoenas, recognizances and other proile as hereto-cess which may have been or may be issued, and made returnable to the terms of the circuit courts in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of the circuit court in said counties as herein required to be holden, and all notices which may have been given, either by publication or otherwise, with reference to the terms as heretofore required to be holden, shall by force of this act refer to the terms of the court required to be held under this act in said counties; and all proceedings pending in said courts shall be aken up and proceeded with as if no alteration had been made in the times of holding said courts. Election of torney. § 3. On the second Monday in March next, an election judge and at for a judge and state's attorney for said judicial circuit shall be holden, which shall be conducted, and returns thereof made and certified and canvassed in the manner provided by the constitution and laws of this state. Said judge, when elected, shall hold his office until the next regular and general election for judges as provided by the constitution, and until his successor shall be elected and qualified. Powers of judge. of state's attorneys. § 4. The said circuit judge, when elected, shall exercise all the powers, perform all the duties and have all the jurisdiction and authority now had, or hereafter to be required of, or exercised by circuit judges of this state, under the constitution or laws of this state, and shall receive the same compensation as other judges are entitled to receive by the constitution and laws of this state. Duties and fees § 5. The state's attorney elected under this act shall discharge all the duties, and receive the like fees and compensation for services as such, as appertain to said office by the constitution and laws of this state. Duties of secretary of state. § 6. It shall be the duty of the secretary of state to cause a certified copy of this act to be immediately transmitted to each of the clerks of the circuit and county courts of said counties, and the clerks of the county courts of said counties shall issue notices for the said election to the sheriffs thereof respectively; which notices shall be posted up by them in the several precincts, in all respects in like manner as provided by the constitution and laws of this state for holding general elections thereof. § 7. This act shall take effect and be in force from and after its passage. APPROVED Feb'y 1, 1851. AN ACT requiring county treasurers to give additional bonds in certain cases. In force Feb. 1, 1851. SECTION 1. Be it enacted by the people of the State of Failure to exe. Illinois, represented in the General Assembly, That the cute bonds. failure or refusal of any person heretofore or hereafter elected, or appointed to the office of county treasurer, to execute any bond required by any law passed before or subsequent to the election, shall vacate the office, and a suc- New election. cessor shall be appointed, in counties having adopted township organization, by the board of supervisors, and in other counties, by the county courts; such successor to execute bond or bonds and execute the duties of the office as though he had been originally elected or appointed to that office. § 2. This act shall take effect on its passage. APPROVED Feb'y 1, 1851. AN ACT to amend "An act to provide for the construction of plank roads by a gen- In force Feb. 1, eral law," approved February 12, 1849. &c. 1851. SECTION 1. Be it enacted by the people of the State of Companies may Illinois, represented in the General Assembly, That the acquire lands eighth section of the act to which this is amendatory shall be so construed, that any plank road company formed and organized under the provisions of said act may procure by purchase or gift, from the owners thereof, any lands or the right of way over any lands necessary for the construction and convenience of the proposed road, and may also agree to the use of any part of a state or county road, or public highway, for the construction of a plank road, with the county court, or with the board of supervisors (in case such county shall be organized under the township organization law) in which such highway may be situated; such agree- Manner. ment with such court or board of supervisors shall be in writing, and filed and recorded in the office of the clerk of the county court, or may agree with the mayor and aldermen or corporate authorities of any town or city incorporated under or by virtue of any law of this state, for the use of any public street or public ground within the limits of such corporation, for the construction of a plank road, or for the use of such plank road company; which said agreement shall be in writing, and filed and recorded in the office of the clerk of the county court of the county wherein such corporation or city may be situated; and in all cases for the agreement for the use of any public highway or street, as aforesaid, the said company shall possess the right and pow-Duty of compaer to cause the same to be opened the full width that the ny. same was originally laid out or surveyed, or of the width Survey to be made and cer tified. Disputes, how settled. Proviso. that the same may have been declared by law, and upon giving twenty days' notice by their secretary or treasurer, to the owners, occupiers or claimants of land over which any such public highway or street may have been laid or declared, it shall be the duty of such owner, occupier or claimant, to remove all fences or other obstructions to which he or they may lay claim from off such highway or street, and in case default be made in the removal of any such fence or other obstruction, within thirty days after the date of service of notice as aforesaid, the said company may remove any and all such fences or other obstructions, placing the same (if a fence) upon the proper line, doing as little damage as the nature of the case will admit, and the said company shall have the right to demand and recover a reasonable price for such work and labor from the owner, occupants or claimants of such lands in any county having jurisdiction thereof. § 2. Before constructing the road over any such lands as may be acquired by purchase or gift, or over any highway or street, by agreement with the county court, board of supervisors, or corporation as aforesaid, such company shall cause an accurate survey of such road or roads, street or streets, or parts thereof, to be made by a practical surveyor, by him certified, signed by two of the directors, and by them acknowledged before some officer authorized to take the acknowledgement of deeds, that the said survey is correct, and file the same in the office of the clerk of the county court wherein such land, roads or parts thereof may be situated. § 3. That in all cases where a dispute may arise in relation to the track or location of any public road, highway or street, or part or parts thereof, so as aforesaid agreed for, by any plank road company, and the original survey or plat thereof does not distinctly show the location of the same, or whenever the survey and plat cannot be found in the proper office, the same shall be surveyed and located upon the track or ground which has been used and travelled as such road or street for the three years next preceding such agreement: Provided, that the owner or owners of any such lands over which such road or street may pass, may agree with such company to alter or vary the location of such road or street, or parts thereof, across his or their said lands, and in that event, the old track shall thereby be vacated to the same extent as other lands are given in lieu thereof. On expiration of § 4. At the expiration of the corporate existence of charter, value any plank road company, by expiration of their term of superstruc-fixed by its articles of association, if said road shall have praised. been constructed upon any public highway or street, the ture to be ap county in which said road is situated shall pay to said com pany the value of the plank superstructure of said road, at the time of said expiration, unless said company and said county shall again contract for the right of way over such public highway or street, upon a renewal of said company's charter. The value of such superstructure shall be ascertained by reference to three disinterested citizens of such county, one of whom shall be appointed by the board of supervisors, or county court (as the case may be) of said. county, one other by said company, and they two shall choose the third, and their decision, under oath, to be binding and final upon both parties. tion of provis § 5. That the provisions of this act, and of the act to General applica which this is amendatory and supplemental, (as amended) ions of this ot shall apply and be extended to any and all plank road companies organized under said general law, and all the acts legally done or performed by such company, or contracts made for the use, or right of way over any lands or public highway, with the county court of any county, or with the board of supervisors of any county, be and the same are hereby confirmed in such plank road company: Provided, that in Proviso. case any company has failed or omitted to acknowledge and file the survey of their said road as required by this act, the same shall be so made and filed within ninety days from the passage of this act, and all such plank road companies organized under this act, or the act to which this is an amendment, may construct their said road by a single or double track of plank, as such company may deem for their interest. § 6. If any person or persons shall wilfully cut down, Penalty. or break, deface or injure any mile post or post on any such road, or shall wilfully cut or throw down, break or injure any gate, fence, or appendage, erected on any such road, or wilfully tear up, displace, break, or injure in any way, any such road or any thing thereunto belonging, or being an appendage, or for the use and convenience of any such road, he or they shall respectively and individually forfeit and pay to Amount. the company owning such road three times the amount of damage actually done, and, in every instance, he or she shall forfeit and pay at least the sum of twenty-five dollars. If any person, to avoid the legal tolls chargeable on said road, shall turn off such road, and pass around and avoid any gate on such road, he or she shall forfeit and pay to such company, for every offence, the sum of ten dollars. If any person shall forcibly pass any toll-gate on any such road, without having paid the legal toll, without the permission of the toll collector, he or she shall forfeit and pay to such company owning such road, the sum of twentyfive dollars for each offence. All penalties and forfeitures How recovered. incurred under this act may be recovered by action of debt in any court having cognizance thereof, and where the penalty or forfeiture does not exceed the sum of one hundred |