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dollars, the same may be prosecuted and recovered before
any justice of the peace of the county where the offender
or offenders may be committed. All and any suits arising
under this act, or the act to which this is amendatory, may be
brought and prosecuted to judgment in the name assumed
by any such plank road company, as the name and style
thereof may
be set forth in their articles of association.
This act to be in force from and after its passage.
APPROVED Feb'y 1, 1851.

In force Feb. 4, AN ACT to amend an act entitled "An act to authorize certain records to be trans1851.

Compensation.

Proviso.

Brown county.

cribed," approved January 20, 1849.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the county court of Schuyler county, Illinois, be and they are hereby authorized to fix the compensation of the commisioners who may be appointed under the provisions of the act to which this is an amendment, at any reasonable sum which they, in the exercise of a sound discretion, may deem proper to allow said commissioners: Provided, that such compensation shall not exceed the compensation now allowed by law to county recorders for recording deeds and other evidences of title, any thing in the law to which this an amendment to the contrary notwithstanding.

§ 2. All the powers and privileges conferred by this bill or the act to which this is an amendment, upon the county court of the county of Schuyler, be and the same are hereby as fully conferred upon the county court of the county of Brown.

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

APPROVED February 1, 1851.

In force April 18, 1851.

Prohibition.

Penalty.

AN ACT to prohibit the retailing of intoxicating drinks.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That every person who shall, by himself or agent, barter, sell, or exchange any wine, rum, brandy, gin, whisky, or other vinous, spiritous, or mixed liquors, by a less quantity than one quart, or who shall barter, sell, or exchange the said liquors, or any of them, by any quantity, and suffer them to be drank in any

house, tavern, store, grocery, out-house, shed, or other building, occupied by him, her or them, shall, on conviction, be fined for every offence twenty-five dollars. The giving away of any of the aforesaid liquors for the purpose of avoiding the provisions of this act, shall be construed as selling within the meaning of this act.

ty.

§ 2. Every person who shall sell or give any of the li- Further penalquors specified in the first section of this act to any person, under the age of eighteen years, shall, on conviction thereof, be fined for every such offence in any sum not less than thirty dollars, nor more than one hundred dollars.

§ 3. The fines herein provided for may be recovered, Fines, how reeither by indictment in any court having jurisdiction of such covered. offence, or by action of debt in the name of the people of the state of Illinois, before any justice of the peace of the proper county.

cepted.

§ 4. The provisions of this act shall not extend to drug- Druggists and gists or physicians who shall sell or give away any of the physicians exsaid liquors in good faith, for purely medical, mechanical, or sacramental purposes.

§ 5. The circuit courts of the several counties in this Grand juries. state shall give, or cause to be given in charge, the provisions of this act to the grand jury at every regular term of

the court.

§ 6. All laws and parts of laws authorizing licenses to Acts repealed. be granted to keep groceries, or for the sale of vinous, spirituous or mixed liquors, are hereby repealed, and the provisions of this act shall extend to all incorporated cities. or towns in this state, any thing in their charters to the contrary notwithstanding: Provided, that nothing contained in this act shail affect the rights, privileges or liabilities of persons to whom licenses have heretofore been granted.

§ 7. All fines collected under the provisions of this act, Fines, how apshall be paid into the proper county treasury, and set apart plied. as a fund for the support of paupers in the county in which

the same shall be collected.

APPROVED Feb. 1, 1851.

AN ACT to prevent the sale of the public square in the city of Chicago.

In force Feb. 4, 1851.

SECTION 1. Be it enacted by the people of the State of Dedication. Illinois, represented in the General Assembly, That block No. thirty-nine (39,) in the original town of Chicago, be and the same is hereby dedicated to public uses, as a public common and square.

Sale prohibited.

§ 2. The board of surpervisors, and all other county authorities of the county of Cook, and common council of the city of Chicago, are hereby forbidden to sell, mortgage, encumber or convey said block thirty-nine, or any part thereof.

Buildings may § 3. That nothing in this act contained shall be so conbe constructed. strued as to prevent the location of county buildings on said block thirty-nine.

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

APPROVED Feb. 4, 1851.

In force Feb. 4, 1851.

Courts.

Election for judge.

Duty of secretary of state.

Powers of judge.

AN ACT to establish the thirteenth judicial circuit.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the counties of Kane, De Kalb, Boone and McHenry shall compose a judicial circuit, to be called the thirteenth judicial circuit; and that the circuit courts shall be held at the respective county seats of the said counties, at the times following, to wit: In the county of Kane, on the second Monday in February, May, August and November; in the county of De Kalb, on the first Monday in March and September; in the county of Boone, on the second Monday in March and September; in the county of McHenry, on the third Monday in March, September and January.

§ 2. There shall be an election holden in the respective counties composing the said judicial circuit, on the first Tuesday in June, A. D. 1851, for the election of a circuit judge; which election shall be conducted and the returns thereof made and canvassed in the manner provided by the constitution and laws of this state. Said judge, when elected, commissioned and qualified, shall hold his office until the next general election for judges, as provided by the constitution, and until his successor is elected and qualified.

§ 3. 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 said election, to the sheriff's thereof, respectively, notifying the electors of said election; which notices shall be posted up by them in the manner provided by the constitution and laws of this state, for holding general elections therein.

§ 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 re

quired of, or exercised by circuit judges in this state, under the constitution and laws thereof, and shall receive the same compensation, and be liable to the same duties as other. judges are entitled to receive and perform by the constitution and laws of this state.

§ 5. The judges now having jurisdiction and exercising Present judges authority within said circuit, as above established, shall hold and exercise such jurisdiction and authority, until the judge in this act provided for shall have been elected and quali

fied.

ed.

§ 6. No grand jury shall be selected or summoned to at- Grand jury, not tend the circuit courts required to be held in the county of to be summorKane, in the months of May and August; nor in the county of McHenry, in the months of March or September; nor shall any criminal causes be docketed for trial at said terms; but all criminal cases pending in said courts shall stand for trial at the succeeding terms thereof: Provided, that if any person shall be confined in the jail of either of said counties, at the time of holding said courts, for any indictable offence, the court shall try such persons in the same manner as at any other term of the court; and the court shall have power to cause a grand jury to be empanneled at said terms, to inquire into the cases of all persons confined in jail, as aforesaid; and, upon indictment found, to proceed thereon as at any other term of said court.

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§ 7. All writs and process which may have been, or may Return of write, be issued and made returnable to the terms of courts in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of the courts as required to be holden under this act, and all notices which may have been given, either by publication, or otherwise, with reference to the terms as heretofore required to be held; and all proceedings pending in said courts shall be taken up and disposed of as if no alteration had been made. in the times of holding said courts.

circuit.

§ 8. The present state's attorney for the eleventh judi- State's att’y. cial circuit shall be and remain the state's attorney for the thirteenth judicial circuit, hereby created, until his term of office shall expire, and until his successor shall be elected and qualified. A special election shall be held in the sev- Election in 11th eral counties composing the eleventh judicial circuit, on the first Thursday of April next, for a state's attorney for said said circuit; notice of which election shall be given, and the canvassing and return of the votes conducted in the same manner as is now required in general elections for state's attorneys. The person having the highest number of votes shall be the state's attorney for said circuit; shall be commissioned and qualified as such, and shall hold his office until the next general election for state's attorney, as provided by the constitution of this state, and until his successor shall be elected and qualified.

Copies to be transmitted.

9. The secretary of state shall, forthwith, transmit a copy of this act to each of the clerks of the circuit and county courts of the eleventh judicial circuit.

§ 10. This act to be in force from and after its passage. APPROVED February 4, 1851.

In force Feb. 6, AN ACT to amend an act entitled "An act to prevent loss to the state by the Macal1851. lister and Stebbins bonds," approved February 10, 1849.

Bonds to be sur

rendered.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That upon surrender by Macallister and Stebbins of the bonds and other state securities specified in the first section of the act entitled "An act to prevent loss to the state by the Macallister and Stebbins bonds," approved Feb'y 10, 1849, other than those heretofore taken up by the state, or held by persons who have not availed themselves of the provisions of that act, the governor be and he hereby is authorized and required to deliver to said Macallister and Stebbins the balance of the liquidation bonds directed to be issued by sued in lieu the act aforesaid, after retaining a sufficient amount thereof to meet the outstanding liabilities in the hands of persons who have neglected to avail themselves of the provisions of said act, as provided in the second section thereof. APPROVED February 6, 1851.

Liquidation bonds to be is

thereof.

In force Feb. 7, 1851.

Diller confirm

od.

AN ACT affirming the sale of the Quincy House property.

SECTION 1. Be it enacted by the people of the State of Sale to Ash & Illinois, represented in the General Assembly, That the sale of the Quincy House property, made by the governor of this state, under and by virtue of an act entitled "An act authorizing the sale of the Quincy House property," approved Feb'y 12th, 1849, to Horace F. Ash and Isaac R. Diller, be and the same is hereby affirmed.

APPROVED Feb'y 7, 1851.

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