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$ 4. That section eight (8) of the act approved February, 1851, providing for a geological and mineralogical survey of the state, be, and the same is hereby repealed.

5. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED February 28, 1867.

AN ACT to locate, construct and carry on the Illinois Southern Peniten- In force Februtiary.

ary 28, 1867.

authorized to

[SECTION 1.] Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the gov- Governor to ernor shall nominate, and by and with the advice and consent commission’rs of the senate, appoint five commissioners, to be denominated “The Commissioners of the Illinois Southern Penitentiary," and the said commissioners shall have the powers and execute the duties hereinafter provided for in this act.

§ 2. Said commissioners are hereby authorized to locate, Commissioners construct and provide for the carrying on of a state peniten- io cater tiary to be called the “Illinois Southern Penitentiary," at such place as said commissioners may select, in the southern portion of this state, and for this purpose may contract for, purchase and enter in possession of such land and messuages as may be necessary and useful for such purpose, and may enter into contracts for the building of said penitentiary upon such specifications, terms and conditions as said commissioners may prescribe, consistent with the conditions of this act.

$ 3. That the said commissioners, before entering upon Commissioners their duties, or receive any moneys, shall respectively give to their bonds, with three or more sureties, to the state of Illinois, jointly and severally, to be approved by the governor, in the penalty of thirty thousand dollars, conditioned faithfully and promptly to perform the duties prescribed by this act. It shall be the duty of such commissioners to Keep aecounts. keep an accurate account of all moneys received and paid out by them, and to make a detailed report of all expendi- To make reports tures by them made, and of all matters and things connec- tor. ted therewith to the auditor of public accounts on the first Monday in January, annually.

§ 4. Said commissioners shall, with the least possible de- Buildings to be lay after the passage of this act, so far complete the buildings for the Illinois southern penitentiary, that at least two hundred of the convicts now confined at Joliet may be removed to such penitentiary, and whenever the commissioners shall report to the governor that said buildings are ready for the reception of such convicts, he shall order that the warden

to give bonds.

to state audi

immediately erected.

warrant.

of the penitentiary at Joliet forthwith convey the number of prisoners which said penitentiary buildings are ready to accommodate, to such penitentiaries, and he shall be paid therefor only the actual cost of transportation and guarding said prisoners; and no prisoners shall be conveyed to the said penitentiary from Joliet except such as have as much as one year of an unexpired term to serve, and who were convicted in counties lying south of the tier of counties through which the Toledo, Wabash and Western Railway

runs. Appropriation § 5. That there is hereby appropriated the sum of one to purchase land, etc. hundred and fifty thousand dollars for the purchase of such

lands and messuages as may be selected by said commissioners for said penitentiary, and for the erection and completion of such buildings as may be deemed necessary by said commissioners, for which said moneys shall be paid to said commissioners out of any money in the treasury not otherwise appropriated, on the warrant of the auditor of public'accounts, in sums not exceeding ten thousand dollars

at one time. The auditor of public accounts is hereby Auditor to draw authorized to drom his mo

authorized to draw his warrant on the treasurer for the money hereby appropriated on receiving a certificate of said commissioners, or a majority of them, that such moneys are necessary for the purpose contemplated by this act, in sums not exceeding ten thousand dollars at one time: Provided, That after said commissioners shall have drawn any amount of money by virtue of this act, they shall not be entitled to draw or receive any more money by virtue hereof, while there shall remain in their hands, unexpended, the amount of over one thousand dollars, and they shall produce to the auditor of public accounts proper vouchers showing the

expenditure of such money. Commissioners 6. The said commissioners may procure all necessary to procure tools : and machinery. implements, tools and machinery, proper to be used by

the convicts on or about the construction of any build

ing deemed necessary for said penitentiary, and shall furnish To furnish clo. *** thing, food, etc. or cause to be furnished all necessary food, clothing, and

medical attendance for said convicts, and shall cause to be

sunk all necessary wells, cisterns, sewers and drains. Convicts to la- $7. That the convicts committed to [the] said penitentiaing.

ry be required to labor on or about any building necessary therefor in getting out materials therefor, whenever in the opinion of said commissioners, or any two of them, it inay be deemed proper so to employ them.

$ 8. That the laws, rules and regulations for the governtentiary at Jo- ment and conducting of the penitentiary at Joliet, so far as liet to be applied. they will apply, shall be applicable to the government and

conducting of the penitentiary hereby created, except when

the same shall come in conflict with this act. Commissioners § 9. That said commissioners shall have the power and pay overseers, are hereby authorized to appoint, employ, and pay all neces

bor on build

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borers.

tiary at Violic and exchange necessary for

of commission

sary overseers, guards, keepers, and laborers necessary for guards and lathe safe-keeping of the convicts, and exchange of convicts between the penitentiary at Joliet and the Illinois southern penitentiary may at any time be made by order of the governor.

$ 10. That whenever the said penitentiary is ready for the accommodation and safe-keeping of convicts, the said commissioners, or a majority of them, shall certify that fact to the secretary of state, and thereupon the secretary of state shall notify all the judges of the circuit courts and other courts having criminal jurisdiction, in the counties lying south of the tier of counties through which the Toledo, Wabash and Western Railroad runs, and after such notice all convicts sentenced to the penitentiary in the counties aforesaid, shall be committed to the penitentiary provided for in this act; and it any portion of the said penitentiaries is ready for use before the meeting of the next general assembly, the said commissioners shall provide by contract or otherwise, for the feeding and clothing of said convicts until the adjournment of said general assembly.

$ 11. That the said commissioners and their successors are powers of comfully empowered to do and perform everything necessary, missioners. fully and speedily to carry into effect the provisions and requirements of this act, and they shall each be allowed and Compensation paid the sum of five dollars for each day's service necessa- ers. rily rendered by them respectively, under and for the purpose of carrying out the provisions of this act; said commnissioners shall keep accurate accounts of their said services and expenses, and submit the same from time to time to the auditor of public accounts, and the said auditor. shall allow and certify what he shall find to be justly due to said commissioners, and file such certificates in his office, and issue Auditor to issue his warrant on the state treasurer for the amount so found his warrant. to be due, and the treasurer shall pay the same out of any moneys in the treasury not otherwise appropriated.

§ 12. That a majority of said commissioners are hereby A full board of authorized to transact all business in the same manner as if not required. all were present. In case of the death, removal, resignation or refusal or inability to act of any one or more of said commissioners, the governor, by and with the advice and consent of the senate, shall appoint another or others to fill such vacancy or vacancies, and every such appointee shall give bond in the same manner as the commissioners provi. ded for in this act.

$ 13. That the commissioners appointed under and by vir- Commissioners tue of this act for the purpose of insuring the completion and the fulfillment of all contracts entered into for the construction ors. of any portion of the work herein authorized, or for furnishing materials therefor, are hereby required to take boods from all persons who shall contract for such work, with good and sufficient security, conditioned for the faithful performance

commission'rs point warde

to take bonds from contract

til hentiary sent of of the

of their undertaking; which bonds shall be executed to the said commissioners for the use of the people of the state of Illinois, and for any violations of the conditions of said bonds, the commissioners shall have power, and are hereby · authorized to commence and prosecute suits on the same

in any court of competent jurisdiction. Governor to ap- $ 14. It shall be the duty of the governor, by and with

. the advice and consent of the senate, to appoint a warden

of the penitentiary, who shall hold his office for two years, and until his successor is appointed and qualified, whose duties it shall be to reside at the location thereof, and to exercise a constant, careful and watchful supervision over the prisoners confined therein, and to see that they are properly fed and clothed and provided for in sickness, and that no inhuman or cruel treatment shall be inflicted upon them; and for this purpose he shall at all times have free access to said prison and to every department thereof, at his pleasure. No prisoner shall be punished without his written consent,j nor with it, in any cruel or inhuman manner, and any leave granted by the state to any person or persons upon or for said penitentiary, shall be subject to the

provisions of this section. Warden to re- $ 15. Said warden shall report quarterly to the governor port to gov- the condition and treatment of the convicts in the said pen

itentiary, and take an oath to faithfully perform his duty, and shall receive as a compensation for his services the sum of fifteen hundred dollars per annum, to be paid quarterly, out of any money in the state treasury not otherwise appropriated, and the auditor of public accounts is authorized to issue his warrants therefor on the treasury, and to deliver

the same to the said warden. Insane convicts § 16. If any case of insanity shall occur in said penitento be removed tiary, such insane person shall at once be removed to the

insane hospital at Jacksonville, at the expense of the state, and should said patient recover before his or her term of service shall expire, he or she shall be returned to the said penitentiary.

§ 17. This act shall take effect from and after its passage. APPROVED February 28, 1867.

ernor.

AN ACT in aid of the Illinois Soldiers' College.

In force Feb. 27,

1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a sum

not exceeding twenty-five thousand dollars, is hereby aponspropriated annually, for two years, to the Illinois Soldiers'

College, at Falton, Whiteside county, Illinois.

opriation for soldiers' college.

soldiers, sail

warrant.

§ 2. This appropriation shall be applied only to the For benefit of maintenance and education of disabled soldiers and sailors ors, etc. who have been regularly discharged from the service of the United States, and to the support and education of indigent orphans, or half orphans of deceased soldiers and sailors in said service, above the age of twelve years, at the rate of one hundred dollars per annum for each student. The state treasurer, adjutant general and auditor, are hereby appointed a board of auditors, who shall meet quarterly, on the first Wednesdays of June, November, February and April in each year, and before whom the board of trustees shall appear and establish by satisfactory evidence, the number of disabled soldier, orphan, or half orphan students entitled to the benefits of the above appropriation, and upon their certificate that any number of such students or disabled soldiers, not exceeding two hundred and fifty, have been in regular attendance, or partial attendance during the collegiate year; the auditor of the state shall Auditor to draw draw his warrant on the treasurer of the state, for such sum or sums as may be necessary to pay said college for the board and tuition of each student, at the rate of one hundred dollars for the collegiate year. § 3. Accounts may be rendered, certified to, and orders Accounts rend

ered quardrawn on the treasurer, as above provided, quarter-yearly. terly.

§ 4. It shall be the duty of the board of Trustees prior Board of trusto the opening of each session, to issue a circular, specify- to per ing the time of opening said college, departments of instruc- county clerks tion and courses of study, and transmit one such circular to the clerk of each of the counties of the state, and one to the president of each county board of supervisors.

§ 5. Each board of supervisors, or county court of the County authoristate, may select two from among those eligible to attend- Yect two stuance, as such disabled soldiers or students, upon whom may dents. be conferred the privileges of the institution. $ 6. The college shall always give precedence to appli- Applicants from

counties to cants from the several counties, selected by the boards of have prece supervisors or county courts; but in case they are not thus furnished, the trustees may fill the vacancies by eligible persons: Provided, that the several counties shall, before the commencement of any collegiate year, select their attendants, and the county clerks shall notify the trustees of the college in writing, thirty days before the commencement of such collegiate course or year, and the board of trustees may only fill vacancies, in cases where counties fail to provide, or where the persons selected by the counties shall fail to attend, or shall leave the college before the close of the collegiate year. For the purposes of this bill, the college year shall commence the first Wednesday in April.

$7. This act to be in force from and after its passage. APPROVED February 27, 1867.

tees to issue circular to

ties may se

dence.

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