SEC. 3. The president and trustees of the town of Jerseyville, within Jersey county, are hereby authorized and empowered to convey to the county of Jersey, for the purpose of erect ing county buildings thereon, the public square in said town; Public square and a conveyance made for the public square, as aforesaid, by in Jersey ville the president and trustees of said town, shall be good and valid. This act shall take effect from and after its passage. APPROVED, February 1, 1840. AN ACT to locate a State road therein named. WHEREAS, by and under an act approved, February 28, 1839, providing for the formation of the county of Williamson, from the county of Franklin, and for the location of the county seat of the said county of Franklin, the commissioners appointed by said act did proceed to locate (in conformity therewith) the county seat of the said county of Franklin at the town of Benton: AND, WHEREAS, there is no State or county road passing through said town of Benton, whereby travellers and others experience great difficulty in passing to and from said town: AND WHEREAS, from the shortness of the time which has intervened between the location of said county seat, and the mecting of the Legislature, the citizens of Franklin county have been unable to comply with the provisions of an act defining the manner of petitioning the General Assembly in relation to the location of State roads; Therefore, In force, Feb. 3, 1840 Preamble SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James Eubanks, Comr's to loJohn Ewing, and William Mitchell, of Franklin county, be, cate road and they are hereby appointed commissioners to view, mark, and locate a State Road from where the Nashville and Equality road crosses Little Muddy river, to the town of Benton, Franklin county; thence, to the bridge over Muddy river, on the road leading from Mount Vernon, in Jefferson county, to Golconda, in Pope county, and from thence to Galatia in Gallatin county. Location ing SEC. 2. Said commissioners shall meet at the town of Time and Frankfort, on the first Monday in April next, or as soon there- place of meet→ after as practicable, and after being first duly sworn before some justice of the peace faithfully to discharge the duties required of them by this act, shall proceed to view, locate and mark said road between the points above designated, on the nearest and best ground, by marking trees in the timber, and putting up stakes in the prairie, having due regard to the public good, and doing as little damage to private property as the nature of the case will permit. SEC. 3. The said commissioners, as soon as practicable, after the location as aforesaid, shall make out maps and reports recorded thereof, giving the correct distance and description of the Maps and re- same; and shall file the same, or a copy thereof, in the clerk's ports to be office of the county commissioner's court of each county through which any part of said road may pass; which said reports shall be made matters of record in said offices, and the same carefully preserved. Pay of com'rs 1 SEC. 4. The county commissioners' courts of the several counties through which said road passes, shall allow said commissioners and their assistants, a reasonable compensation for their services in proportion to the length of said road in the several counties through which the same shall pass, and they shall cause said road to be opened and kept in repair as other State roads are. SEC. 5. The operation of the "act to define the manner of proceeding in petitioning the General Assembly for locating Act suspend- or altering State roads," so far as it relates to the provision of this act, is hereby suspended. ed vacated SEC. 6. So much of the State road leading from Nashville Part of road to Galatia, as is now located between the beginning and terminating points of the road provided for in the provisions of this act, is hereby declared vacated: Provided, That none of the expenses of said survey be paid out of the county treasury of Gallatin county. Proviso. APPROVED, February 3, 1840. In force, AN ACT to incorporate the town of Jacksonville, and for other purposes. April 6, 1840. Body politic and corporate Name and style Powers SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Aesembly, That Matthew Stacy, John Hurst, R. T. McNeely, W. Branson and E. T. Miller, citizens of the town of Jacksonville, in the county of Morgan, are hereby constituted a body politic and corporate, by the name and style of the "President and Trustees of the town of Jacksonville," and by that name they and their successors may sue and be sued, plead and be impleaded, in all actions in law and equity; may grant, purchase, receive and hold real and personal estate, and may lease, sell and dispose of the same for the benefit of said town; may do all other acts as natural persons may do, and may have a common seal, and change and alter the same at pleasure, and shall have perpetual succession. SEC. 2. The boundaries of said town shall be one mile Boundaries of square, the centre of the public square in said town being the centre of said [mile] square; and all the land within said limits shall be considered as the town of Jacksonville. town Annual elec tions for trus tees SEC. 3. The aforesaid corporators shall continue in office until the first Monday in April, 1840, and until their successors are elected and qualified. And on the first Monday in April, and forever thereafter, an election shall be held for five how elected Quorum trustees, who shall hold their offices for one year, and until their successors are elected and qualified. Said trustees shall President elect one of their own body president of the board, and shall appoint all other officers for said corporation; they shall have Vacancies power to fill all vacancies in the board, occasioned by death, how filled resignation, or six months' absence from said town. A majority shall constitute a board to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as the board may provide. The trustees of said town shall be at least twenty-one years old, a citizen of the United States, and shall be residents and citizens in said town. Those persons residing in said town shall be qualified to vote for trustees who possess the requisite qualifications to vote for State offi cers. SEC. 4. The officers of said town shall consist of one clerk, Officers of one town constable, who shall have and perform all the duties town of town constable, as required and authorized in the act, entitled "An act further defining the duty of trustees of incorporated towns," approved January 31, 1835; one treasurer and such other officers as the said president and trustees of said town may see proper to appoint; and said officer shall give bond and security in such sum and in such manner as may be required by the board of trustees of said town. And said Officers may officers shall be removable at the pleasure of the board of be removed trustees. وو town SEC. 5. The sixth, seventh, eighth, ninth, tenth, eleventh, Parts of law twelfth, thirteenth, seventeenth and eighteenth sections of an applicable to act, entitled "An act to incorporate the town of Upper Alton,' approved February 18, 1837, are hereby declared to be applicable to the president and trustees of the town of Jacksonville; and the tax mentioned in the sixth section of said act shall be in lieu of any county tax on the real estate in said town, and all the powers, duties and restrictions therein mentioned shall be applied to said president and trustees as fully as if the same were herein set forth. SEC. 6. The acts of the present president and trustees of Acts of trusthe town of Jacksonville, shall be considered as binding and tees binding in full force until the first meeting of the board of trustees, to be elected under the provisions of this act. This act shall take effect on the first Monday in April next, and the present board of trustees shall give notice of the election to be held on said day, by having written notices thereof posted up in four public places in said town at least one week previous to said election; and one of the members of said board and the clerk of the board shall act as inspector and clerk of said Inspector's of election, and shall give certificates of election to the five sons receiving the greatest number of votes. per Sec. 7. That the name of the town of Greenfield, in the county of Bureau, be changed, and hereafter to be known and ealled by the name of Laymoile. elections Name of Greenfield in Bureau co. changed to Laymoile Name of In- SEC. 8. That the name of the town of Indiantown and of Windsor, in Bureau county, be changed and both of said towns hereafter be known and called by the name of Tiskil diantown changed to Tiskilwa Limits of wa. SEC. 9. That the corporate limits of the town of HenneHennepin in pin, in Putnam county, shall hercafter include the west half of the south-west quarter of section ten, and the east half of said quarter section shall hereafter be excluded from said corpora Putnam co. tion. APPROVED, February 3, 1840. In force, Feb. 3, 1840. Bristol vaca AN ACT to vacate the town plats of the towns therein named. * SEC. 1. Be it enacted by the People of the State of Illinois, Town plat of represented in the General Assembly, That the entire town plat of the town of Bristol, in the county of Marshall, as laid off and recorded, is hereby declared to be vacated. This act to be in force from and after its passage. ted Plat of Fair ted SEC. 2. The town plat of the town of Fairmont, in the mount vaca- county of Bureau, as laid off by the original proprietors, and recorded in the county of Putnam, is hereby declared to be vacated: Provided, This act shall not interfere or prejudice the rights of any individual or individuals, who may have become the purchasers of any lot or lots, in either of the aforesaid towns. Proviso APPROVED, February 3, 1840. In force, Feb. 3, 1840. except on judgment confessed AN ACT to amend the several laws in relation to appeals. SEC. 1. Be it enacted by the people of the State of Illinois, Appeals may represented in the General Assembly, That appeals from judg be granted, ments of justices of the peace to the circuit court, shall be granted in all cases except on judgment confessed: Provided, The party praying for an appeal shall, within twenty days from the rendering of the judgment from which he desires to take an appeal, enter into bond in the office of said justice of the peace, with security to be approved by the justice conditioned that the appellant will pay and satisfy whatever judg ment may be rendered by the circuit court upon dismissal or trial of the appeal. Proviso SEC. 2. If upon the trial of any appeal, the bond required to be given in the first section shall be adjudged insufficient, the party who executed such bond, shall in no wise be prejudiced by reason of such insufficiency: Provided, He will, in a reasonable time to be fixed by the court, execute and file in court a good and sufficient bond. SEC. 3. Where a bond shall be executed by the appellant as aforesaid, the justice who gave the judgment, and if execution or other process has been issued thereon, said justice shall recall the same, and all further proceedings thereon shall be suspended, and the said justice shall, within twenty days after receiving and approving of the appeal bond, file the same Bond of apin the office of the clerk of the circuit court, together with all pellant &c. the papers and transcript of the judgment he had given, with to be filed a certificate under his hand, that the said transcript and papers contain a full and perfect statement of all the proceed decided with ings before him; and the court shall hear and determine the Appeal to be said appeal in a summary way, without pleading in writing, out pleadings according to the justice of the case. SEC. 4. The following shall be the form of the bond required by the first section of this act: Know all men by these presents, That we, A. B. and C. D., are held and firmly bound Form of unto E. F., in the penal sum of (here insert double the amount bond of judgment and costs,) dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs and administrators, jointly, severally and firmly, by these presents. Witness, our hands and seals, this The condition of the above obligation is such, That whereas, the said E. F. did, on the A. D. 18 sum of day 18 before a justice of the peace for the county of recover a judgment against the above bounden A. B., for the dollars; from which judgment the said E. F. has taken an appeal to the circuit court of the county of aforesaid, and State of Illinois. Now if the said A. B. shall prosecute his appeal with effect, and shall pay whatever judgment may be rendered by the court upon dismissal or trial of said appeal, then the above obligation to be void, otherwise to remain in full force and effect. SEC. 5. Parties to suits before justices of the peace, may take appeals from their decisions before the clerks of the cir- Appeals how cuit courts in the same manner as is now provided by law, or taken they may appeal as provided in the foregoing sections. SEC. 6. The security in any such appeal bond shall be lia- Securities on ble on said bond for the amount of the original judgment, bond liable and all costs thereon in case the said appeal be dismissed, and for original judgment shall be liable also on said bond for whatever judgment may' be rendered by the circuit court, in case the original judgment be affirmed by said circuit court, either in whole or in part, and |