AN ACT to suspend the sale of lands owned by the state. SECTION 1. In force Feb. 7, 1851. lands suspend Be it enacted by the people of the State of Illinois, represented in the General Assembly, That from Sale of state and after the passage of this act, all lands owned and held ed. by the state shall be suspended from sale, any thing in the act entitled "An act to provide for the sale of public property and the payment of the public debt," in force March 4th, 1843, to the contrary notwithstanding. APPROVED February 7, 1851. AN ACT to relocate the county seat of Mason county. In force Feb. 8, held. 1851. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That an Election to be election shall be held in the county of Mason on the second Monday of March, A. D. 1851, at the usual places of holding elections in said county, for the removal of the seat of justice of said county; at which election the clerks thereof shall open two columns, one for Havanna, and one against. removal, and shall take and record the vote of each qualified voter for one of the aforesaid places, or against the removal of the seat of justice of said county, as said voter shall direct. § 2. The same rules shall be observed in conducting said Rules to be o election, and in making returns thereof, and in counting said served. votes, and in all other things, as shall be required by law in elections for senators and representatives of the General Assembly of this state. The clerk of the county court shall, immediately on receipt of the election returns, in the presence of two justices of the peace, open the election returns, compare them, and certify the same to the county court, and the place having a majority of the legal votes of the county shall be and remain the seat of justice of said county. § 3. No point shall be voted for unless its proprietors, Bonds to be ex or some of them, shall, at least ten days previous to said ecuted. election, execute a bond, with good and sufficient security, to the judges of the county court of Mason county, for the payment of the sum of one thousand dollars, payable to said county judges, or their successors in office, for the use of the county, to be applied to the erection of public buildings-one half of said sum of money to be paid when the public buildings are commenced, and the other half when said buildings are completed: Provided, however, that said bond or bonds shall be void and of no effect as to the pro be removed, in what case. Block to be conveyed. prietors of all places except that where the county seat shall be located by a majority of the votes polled. Public offices to 4. Should it be found that a majority of the voters of said county of Mason, voting at such election, have voted for the removal of the county seat as aforesaid, it shall be the duty of the county court of said county, as soon as practicable after such election, to cause all the public offices of said county (required to be kept at the county seat) to be removed to the county seat located under this act, and it shall be the further duty of the county court, after such relocation of the county seat, to convey to Kean Mahony and Benjamin H. Gatton the block of lots donated by the original proprietors of the town of Bath, under an act of the General Assembly of the state of Illinois, entitled "An act to locate the county seat of Mason county," approved January 14th, 1843, together with all and singular the tenaments and appurtenances thereon and thereto belonging, unto them the said Kean Mahony and Benjamin H. Gatton, their heirs and assigns, forever. in trust for the benefit of the original proprietors of the said town of Bath, under such declaration of trust as may be equitably and justly declared by the said county court, according to the respective interests of said original proprietors of the town of Bath; and it shall be the further duty of the county court of Mason county, in the event of such relocation of the county Other remunera-seat thereof, to make such remuneration to the original protion to proprie-prietors of the town of Bath, for moneys expended in erecting the court-house in said town, as they may deem advisable, and as shall be proven according to law. tors of Bath. § 5. This act to be in force from and after its passage. APPROVED February 8, 1851. In force Feb. 8, AN ACT authorizing the board of supervisors of Tazewell county to levy and collect 1851. Tax may be levied. a special tax to build a jail in said county. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the board of supervisors of Tazewell county is hereby authorized and empowered to levy and collect a special tax of six thousand dollars, for the purpose of building a jail in said county; three thousand dollars to be levied and collected for the year one thousand eight hundred and fifty-one, and three thousand for the year one thousand eight hundred and fifty-two; and said tax, when so collected, shall be applied for that purpose, and the residue of said money, if any, after completing said jail, to go into the county treasury of said county, for county purposes. This act to be in force from and after its passage. AN ACT in relation to the penitentiary. In force Feb. 10, 1851. SECTION 1. Be it enacted by the people of the State of Inspector to setIllinois, represented in the General Assembly, That the in- tie with lessee. spectors of the penitentiary be and they are hereby authorized to settle with the lessee of the penitentiary, for the improvements made by him, and which they, in their reports to the legislature, recommend to be paid for, and that they issue their certificate in favor of said lessee for the amount so allowed; which said certificate shall be received by the How paid for. treasurer of this state as so much money paid by said lessee, and the said treasurer shall give his receipt for the same, to apply on any bonus or rent due or to become due from said lessee to the state of Illinois. authorized. § 2. The inspectors of the penitentiary are hereby au- Improvements thorized to make such improvement in the penitentiary as is recommended by their reports, or such as they may deem necessary, from time to time, to be made, or for the safe keeping or successful working of the convicts: Provided, Proviso. however, that they shall keep in view the bonus due or to become due from time to time, and that in no case shall they be allowed to draw on the treasury for making such improvements. Guards, exempt §3. The guards of the penitentiary are by this [act] from road la declared exempt from doing road labor, during their service bor. as such guards. § 4. AN ACT to exempt homesteads from sale on execution. In force July 4, 1851. to be sold on execution. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That in ad- Homestead not dition to the property now exempt by law from sale under execution, there shall be exempt from levy and forced sale, under any process or order from any court of law or equity in this state, for debts contracted from and after the fourth day of July, A. D. 1851, the lot of ground and the buildings thereon occupied as a residence, and owned by the debtor, being a householder, and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child shall become twenty-one years of age, and until the death of such widow; and no release or waiver of such exemption shall be valid unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged. Exception. § 2. But no property shall, by virtue of this act, be exempt from sale for non-payment of taxes on assessments, or for a debt or liability incurred for the purchase or improvement thereof. Proceedings ceeds $1,000, § 3. If, in the opinion of the creditors or officer holding when value ex- an execution against such householder, the premises claimand premises ed by him or her as exempt are worth more than one thousdivisable. and dollars, such officer shall summon six qualified jurors of his county, who shall, upon oath, to be administered to them by the officer, appraise said premises, and if, in their opinion, the property may be divided without injury to the interest of the parties, they shall set off so much of said premises, including the dwelling house, as in their opinion shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such officer. Proceedings § 4. In case the value of the premises shall, in the opinwhen premises ion of the jury, be more than one thousand dollars, and cannot be divided as is provided for in this act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the execution debtor, or to some one of the family of suitable age to understand the nature thereof, with a notice thereto attached, that unless the execution debtor shall pay to said officer the surplus over and above the one thousand dollars, on the amount due on said execution, within sixty days thereafter, that such premises will be sold. are indivisable. Premises, when to be sold. Proviso. Costs, how charged. § 5. In case such surplus, or the amount due on said execution, shall not be paid within the said sixty days, it shall be lawful for the officer to advertise and sell the said premises, and out of the proceeds of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter, and apply the balance on such execution: Provided, that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor; in which case the officer may return the execution for the want of property. § 6. The costs and expenses of setting off such homestead, as provided herein, shall be charged and included in the officer's bill of costs upon such execution. § 7. This act shall take effect on the fourth day of July, A. D. 1851. APPROVED February 11, 1851. AN ACT to authorize the board of supervisors of Cook county to borrow money. In force Feb. 11, 1851. row money. Proviso. SECTION 1. Be it enacted by the people of the State of Supervisors auIllinois, represented in the General Assembly, That the thorized to borboard of supervisors of the county of Cook, and their successors in office, be and they are hereby authorized and empowered to borrow upon the faith and pledge of said county, such necessary sum or sums of money, for any term of time, and at such rate of interest, payable at such place as they may deem expedient, not exceeding fifty thousand dol1rs, and to issue bonds or scrip therefor, under the seal of To issue bonds. the county court of said county, signed by the chairman of said board of supervisors, or by his successor in office, and countersigned by the clerk of said board, or his successor in office: Provided, that when any money is borrowed under the authority of this act, the time for the repayment of the same shall be so fixed so that not exceeding five thousand dollars of the principal so borrowed shall fall due in any one year. Any sum or sums borrowed under the authority of this act, shall be applied by the board of super- Money, how ap visors, or their successors in office, for the use and benefit plied. of said county, in the payment of the debts of the said county, and for the purchase of a lot or lots for a jail, and the erection thereof, in and for said county, for the repayment of any sum or sums so borrowed, with the interest upon the same. The said board of supervisors, or their successors in office, are hereby authorized to pledge the revenue accruing to the said county. § 2. The board of supervisors of said county, or their Special tax. successors in office, are hereby authorized and required to levy and collect a special tax upon all the taxable property in the county of Cook, sufficient to pay the accruing interest semi-annually, on any sum or sums they may borrow under the authority of this act, and to repay the principal as it may become due, at a rate of not exceeding five thousand dollars in any one year. Said taxes shall be levied and collected at the same time and in the same manner that other taxes of said county are levied and collected, and when collected, shall be applied by said board of supervisors, or their successors in office, to the payment of the interest and the repayment of the principal of the money borrowed under the authority of this act, and to no other use or purpose whatsoever, until the whole of the money so borrowed is paid up in full; and the persons loaning money to said county as aforesaid are to be in no way responsible for the faithful application or use of the money thus borrowed. APPROVED February 11, 1851. |