Funds, how collected and paid

out.

§ 2. That all moneys called for by the Chicago Southwestern Plank Road company, as instalments upon stock, and all moneys collected as tolls upon its said road, and other funds of the company, shall be paid over to the treasurer thereof, and by him safely kept, and paid out, only upon the order of the president, and countersigned by the secrePresident and tary, and it shall be the duty of the president and secretary to draw their orders upon the treasurer for such amounts, and to such persons, as the board of directors shall, from time to time, determine and order; and no order shall be drawn from the treasury except upon such orders as are authorized by the board of directors.

secretary to issue orders.

APPROVED February 13, 1851.

In force Feb. 14, 1851.

Canal bonds de

improvement

AN ACT to provide for the funding of certain bonds therein named. SECTION 1. Be it enacted by the people of the State of clared internal Illinois, represented in the General Assembly, That so many bonds. of the canal bonds handed or paid over by the governor of this state to the fund commissioner, and by him applied to the completion of the Northern Cross railroad, from Jacksonville to Springfield, in pursuance of an act entitled "An act to provide for the completion of that part of the Northern Cross railroad from Springfield to Jacksonville, and for other purposes," approved February twenty-sixth, one thousand eight hundred and forty-one, as are now outstanding, shall be deemed and considered internal improvement

Bonds to be fundod.

Certain stock

holders not to

of excess.

bonds.

§ 2. The governor is hereby authorized and required to receive said bonds when they shall be presented, and fund the same, in pursuance of the provisions of the act entitled "An act to authorize the refunding of the state debt," approved February twenty-eight, one thousand eight hundred and forty-seven; and all the provisions of said last mentioned act are hereby made applicable to said bonds.

3. Nothing in this act contained shall be so construed be relieved as to relieve the stockholders in the Sangamon and Morgan from payment railroad from the payment of the excess of the earnings of said road, over and above six per centum per annum, upon the cost of purchase and repair of said road, toward the interest of the uncancelled canal bonds used for the completion of said road, (including the bonds issued under the provisions of this act,) agreeably to the tenth section of an act entitled "An act to provide for the sale of a part of the Northern Cross railroad," approved February sixteenth, A. D. one thousand eight hundred and forty-seven.

APPROVED Feb. 14, 1851.

AN ACT to pay a prosecuting attorney therein named.

In force Feb. 14,

1851.

warrant to

SECTION 1. Be it enacted by the people of the State of Auditor to issue Illinois, represented in the General Assembly, That the Bushrod B. auditor of public accounts of this state be and he is here- Howard. by directed to issue his warrant upon the treasurer, in favor of Bushrod B. Howard, for the sum of two hundred dollars, for services done and performed as prosecuting attorney in and for the Jo Daviess county court in this state.

§ 4. This act to take effect from and after its passage. APPROVED February 14, 1851.

AN ACT to pay Burton C. Cook and David B. Campbell for services rendered the In force Feb. 14, state in the second and third grand divisions of the supreme court

1851.

ted to

Cook.

B. C.

SECTION 1. Be it enacted by the people of the State of $100 appropriaIllinois, represented in the General Assembly, That the sum of one hundred dollars be and the same is hereby allowed to Burton C. Cook, for professional services rendered the state in the third grand division of the supreme court, in the year one thousand eight hundred and forty-nine.

§ 2. The sum of one hundred dollars is hereby allowed The same to D. to David B. Campbell, for professional services rendered the B. Campbell. state in the supreme court of the second grand division of

the supreme court, for the year one thousand eight hundred

and forty-nine.

issued.

§ 3. The auditor of public accounts is hereby authoriz- Warrants to be ed to issue his warrant on the treasurer, to the said Burton C. Cook and David B. Campbell, for the above mentioned

sums.

APPROVED Feb. 14, 1851.

AN ACT to provide for the pay of a prosecuting attorney therein named.

In force Feb. 14,

1851.

son P. Corder.

SECTION 1. Be it enacted by the people of the State of $100 appropriaIllinois, represented in the General Assembly, That An- ted to Anderderson P. Corder be and he is hereby allowed the sum of one hundred dollars, for services rendered as prosecuting attorney in the third judicial circuit, appointed by the Hon. Judge Denning, under the last proclamation of the governor, to suppress riots and disorder in Massac county.

§ 2. And be it further enacted, That the auditor of Auditor to draw public accounts be and he is hereby required to issue his

warrants.

warrant on the treasurer in favor of the above named Anderson P. Corder, for the above specified amount, any defect in the law to the contrary notwithstanding.

APPROVED February 14, 1851.

In force Feb. 14, 1851.

Penalties, when

fora justice of the peace.

AN ACT in relation to the Illinois and Michigan canal, and the canal lands.

SECTION 1. Be it enacted by the people of the State of recovered be- Illinois, represented in the General Assembly, All penalties provided by law in relation to the canal, and all penalties provided and mentioned in the "rules, by-laws and regulations" adopted and established, and which hereafter may be adopted and established by the board of trustees of the IIlinois and Michigan canal, in pursuance and by virtue of section 15 of the "Act to provide for the completion of the Illinois and Michigan canal, and payment of the canal debt," approved February 21st, 1843, in all cases when the amount does not exceed one hur dred dollars, may be sued for and recovered, by action of debt, before any justice of the peace of the county in which the cause of action ac

Penalty for in

banks, &c.

crued.

§ 2. Any person or persons who shall wilfully and majuring canal liciously or wantonly injure any bank of the canal, towpath, bridge, culvert, lock, aqueduct or any part of any portion of the canal, or any thing connected with or appertaining to the same, shall be deemed guilty of malicious mischief, and shall, on conviction, be fined in a sum not exceed ing three hundred dollars, and be imprisoned not exceeding three months.

of lands and lots may

made.

Reappraisement § 3. The said board of trustees of the Illinois and Michigan canal are hereby authorized to call together the board of appraisers, heretofore appointed for the appraisal of canal lands, and such board, or a majority of them, shall be and they are hereby authorized to re-appraise and value any such lots, lands or water power, as the said board of trustees shall designate and require to be re-appraised, and which have been heretofore exposed to sale at public auction and remaining unsold for want of bidders; and they are also authorized to re-appraise block seven, in the original town of Chicago, (known as the "basin block;") and also to appraise all such canal property as has not been heretofore appraised; and the appraisal and re-appraisal and valuation so made by such appraisers, shall have the same force and effect as the original appraisal heretofore made by them.

board of ap

filled.

§4. In case of the death, resignation or refusal of any Vacancy in of said board of appraisers to serve, the judge of the cir- praizers, how cuit court in which such vacancy occurs, shall have to fill such vacancy, and shall do so on the application of said board of trustees.

power

§ 5. This act to be in force from and after its passage. APPROVED February 14, 1851.

In force Feb. 14,

1851.

AN ACT to relocate a portion of the road from Springfield to Beardstown. SECTION 1. Be it enacted by the people of the State of Commissioners. Illinois, represented in the General Assembly, That Peter Cartright, William Carson and Jacob Epler be and they are hereby appointed commissioners to relocate so much of the state road leading from Springfield to Beardstown, as lies between the head of Richland creek timber and the east line of Cass county; having due regard to private property. § 2. That said commissioners shall meet on or before To take oath. the first day of June next after the passage of this bill, or as soon thereafter as possible, at the house of Peter Cartwright, and take an oath before some justice of the of Sangamon county, well and truly to perform the duties required of them by this act.

peace

3. When said commissioners shall have viewed the Their duty. said ground, and shall have relocated said road, it shall be their duty to make out a plat of the road so relocated, and lay said plat before the county court of Sangamon county, as soon as practicable after the completion of the same, and the road so relocated is hereby declared the state road; and so much of the old road affected by said relocation is hereby vacated.

be evidence.

§ 4. That said plat shall be evidence hereafter in all Plat of road to courts of record in this state; and it shall be the duty of the county court of Sangamon county to record said plat in the records of their office.

APPROVED Feb'y 14, 1851.

AN ACT authorizing the trustees of the Illinois and Michigan canal to lease water In force April power in the town of Ottawa, and to settle for damages.

18, 1851.

For the better enabling the trustees of the Illinois and Mi- Preamble. chigan canal to create a surplus of water in the town of Ottawa, and lease the same as contemplated prior to the

Consent on the

state.

passage of the act of the 21st of February, 1843, providing for the completion of said canal, and required thereby

SECTION 1. Be it enacted by the people of the State of part of the Illinois, represented in the General Assembly, as follows: The state of Illinois hereby declares its assent to the following alterations and additions to the act entitled "An act to provide for the completion of the Illinois and Michigan canal, and for the payment of the canal debt," approved 21st February, 1843.

To create plus water.

sur

To settle with owners of land &c.

1st. The board of trustees to the said canal may create surplus water in the town of Ottawa, and lease the same, with the ground upon which to use it, upon such terms and conditions as they may deem advisable.

2d. The said trustees are hereby authorized to settle with of the owners of land or water power on Fox rivany er, for the damages they may sustain by reason of the diversion of the water of said river into said canal, for the purpose of creating surplus water to be leased for hydraulic purposes in said town, and pay for the same; or may give in exchange, water in said town, to be drawn from said veyances, &c. canal, or its branch, and the ground upon which to use it, either in perpetuity or for a term of years, and to execute such conveyances, covenants and leases as may be necessary or proper to accomplish that object.

To make con

trol of water power.

To acquire con- § 2. The said trustees are further authorized to acquire the free and sole use and control of the water which may be drawn from Fox river through the Fox river feeder, by giving to the owner or owners, or claimants, or any or either of them, of the water power in Dayton, or said feeder water in Ottawa, and the ground upon which to use it, either in perpetuity, or for a term of years, upon such terms and conditions as they may deem best for the interest of the state and of the canal fund; and for this purpose may execute all such conveyances, covenants and leases as may be deemed necessary or proper. § 3. The acts and doings of the said trustees, done in pursuance of this act, shall be binding upon the state. APPROVED Feb'y 14, 1851.

Doings of trustees to be binding on state.

In force Feb. 14, AN ACT to exempt members of the fire department of the city of Chicago from serv

1851.

Firemen exempt from jury service.

ing as jurors.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That from and after the passage of this act, the members of the fire department of the city of Chicago shall be exempt from serving as jurors, in all cases.