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PUBLIC AND PRIVATE LAWS,

PASSED AT SECOND SPECIAL SESSION, CONVENED JUNE 14, 1867.

AN ACT making appropriations for the general and contingent expenses in force June of the second special session of the General Assembly.

28, 1867

and members of general a3.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Pay of officers following appropriations be and the same are hereby made a to the members, officers and employees of the general sembly. assembly of the state of Illinois, at the third session thereof, convened by the proclamation of the governor of said state:

To the speakers of the senate and house of representa- Speakers. tives, each, the sum of three dollars per day for each day of this session.

To each member of the senate and house of representa- Members. tives the sum of two dollars per day for each day of this session, cominencing June 14, 1867, and extending to and including the day on which this general assembly shall adjourn sine die.

To each member of the senate and house of representa- Mileage. tives, including the speakers of both houses, ten cents per mile for each necessary mile's travel in going to and returning from the seat of government.

To the secretary and assistant secretaries of the senate, Secretaries and and to the clerk and assistant clerks of the house of representatives, each, the sum of eight dollars per day for each day of this session.

To the enrolling and engrossing clerks and assistant en- Enrolling, and rolling and engrossing clerks of the senate and house of clerks, representatives, each, the sum of eight dollars per day. To the sergeant-at-arms and assistant sergeant-at-arms of Sergeant-at

arms and doorthe senate, and door-keeper and assistant door-keepers of keeper. the house of representatives, each, the sum of eight dollars per day.

To the post-masters and assistant post-masters of the Postmasters.. senate and house of representatives, each, the sum of eight dollars per day.

clerks.

engrossing

ters.

for cieaning closets.

State

Journal

gister.

ers to penitentiary commit

tee.

Clergymen. To the clergymen of the city of Springfield who have

officiated as chaplains at this special session, each day they

shall have respectively officiated, the sum of two dollars. Pages.

To the pages of the senate and house of representatives,

each, the sum of two dollars per day. Police and por- To the police officers and porters appointed by the

speaker of either house, the suin of six dollars per day,

each. John Jackson, To John Jackson, for presiding over the subterranean

regions, and for attendance and cleaning of closets, the sum of four dollars per day, to be certified by the secretary of

state. State Journal To the publishers of the Illinois State Journal and Illiand State Re- nois State Register, for publishing the proceedings of this

general assembly, each, the sum of five dollars per column of solid nonpareil type—the standard of measure to be the columns published in said Journal; to be certified by the

secretary of state and auditor of public accounts. J. H. Jones, ex- To J. H. Jones, extra official reporter, for reporting in tra reporter. the house of representatives for two days of this session,

the sum of thirty dollars. Official report- To Ely, Burnham and Bartlett, official reporters of the

to general assembly, the sum of one hundred and forty-five dollars and fifty cents, being for reporting the evidence taken by the special joint committee on penitentiary in their investigation at Joliet, and for writing out said evidence from their short-hand notes, according to their contract with said special joint committee, amounting to three days' reporting, at ten dollars per day, and copying four hundred and sixty-two pages of legal cap, at twenty five

cents per page. Oficial report- To Ely, Burnham and Bartlett, the official reporters of ers for senate this general assembly, the sum of fifteen dollars per day

for each of four reporters, (being two in each house)-the number of days of actual service to be certified by the

speakers of each house. Special commit- To each member of the special joint committee on penitee on peniten- tentiary, for expenses incurred by them in visiting Joliet

and procuring testimony in regard to the penitentiary, each, the sum of fifty dollars, except to the chairman of said special committee, who shall receive the sum of one hundred

dollars. S. G. Paddock To S. G. Paddock, clerk of the house of representatives, e penses, etc. for expenses incurred in attending special joint committee

at Joliet, and procuring witnesses, the sum of fifty dollars. Assistant post- To the assistant post-master of the senate, eight dollars master to the per day for three days' extra services. Compensation § 2. The time for which compensation is hereby allowed

to each member, officer and employee of this third session of the twenty-fifth general assembly shall be certified by the speakers of the respective houses, unless where other

and house.

tiary.

how certified.

wise provided, and except the time of the speakers of the respective houses, the senate and house of representatives, which shall be certified by the secretary of the cenate and the clerk of the house of representatives—all of which shall be entered upon the journals, and published as a part thereof; and upon the presentation of said certificates to the auditor, he shall draw his warrant upon the revenue fund for the amounts to which each member and officer and employee, afore aid, shall be entitled, to be paid by the state treasurer out of said revenue fund in the treasury.

§ 3. This act shall take effect and be in force from and after its passage.

APPROVED June 28, 1867.

Governor to ap

sioners.

AN ACT to provide for the management of the Illinois State Penitentiary In force June at Joliet.

egy seunes

28, 1867. SECTION 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That there shall Gove be appointed by the governor, by and with the advice and point commisconsent of the senate, three penitentiary commissioners, who shall hold their office until the first Monday in January, A. D. 1869. At the next regular election of representatives in the general assembly there shall be elected by the qualified voters of the state, three penitentiary commissioners, who shall succeed the commissioners appointed by the governor as aforesaid, and who shall enter upon the duties of their office on the first Monday in January, A. D. 1869. Said Term of office. commissioners, so elected, as aforesaid, shall hold their office, one for the term of two years, one for the term of four years, and one for the term of six years, to be determined between them by lot, betore entering upon the duties of their office; and biennially thereafter there shall be elected, at the regular election of representatives in the general assembly, by the qualified voters of the state, one penitentiary commissioner, who shall hold his office for the term of six years.

§ 2. Each of said commissioners shall take and sub- Shall take oath. scribe an oath or affirmation to support the constitution of the United States and of this state, and to diligently and faithfully discharge the duties of penitentiary commissioner; and also the oath or affirmation prescribed by section twentysix, article thirteen of the constitution, of this state; and each of the said commissioners shall enter into a bond to the people of the state of Illinois in the penal sum of fifty thousand dollars, with good and sufficient surteies; to be approved by the governor and auditor of public accounts,

years, and for the term of as aforesaid: A, D, 1869. their

on the beapplicatio be their dood of said liven up

not to be con

conditioned for the faithful performance of his duties as penitentiary commissioner; and the governor and auditor of public accounts upon discovering any default or delinquency on the part of said commissioners or either of them, or upon the application of any surety on said bond, shall have power, and it shall be their duty, at any time to require additional security or a new bond of said commissioners or either of them, and the state shall have a lien upon the real property of the principal in said original and supplementary bonds, from the time of the execution and approval of the same, which bond and oath or affirmation shall be filed in the oftice of the secretary of state before such commis

sioner shall enter upon the duties of his office. Commissioner § 3. No person shall be appointed or elected to the tractor, etc. office of penitentiary commissioner who is a contractor in

the penitentiary, or the agent or employee of any such contractor, or who is interested, either directly or indirectly, in any kind or branch of business in said penitentiary, or who shall at the time hold any other office under the laws of this state, and no such commissioner shall hold any other office or accept any appointment under this or any law of this state during his continuance in office as such commissioner; and in case any such commissioner shall become so interested, either directly or indirectly, at any time during his term of office, or shall accept of any other office or appointment under the laws of this state, or who shall be guilty of any delinquency in the discharge of his duty, misconduct in office or any other cause which materially affects his usefulness or fidelity, it shall be cause for his removal from said office; and upon satisfactory information given of such fact or facts the governor is hereby authorized and required to remove such commissioner-which removal and the cause thereof shall be reported by the governor to the next general assembly. And in case of such removal, or of any other vacancy in the office of penitentiary commissioner, by death, resignation, failure or refusal to act, or otherwise, such vacancy shall be filled by appointment by the governor until the next regular election of representatives in the general assembly, and the qualification of the person so elected ; and at such election a commissioner shall be elected to fill such vacancy. The governor shall not remove from office any commissioner for any of the causes alleged in this section of this act, unless upon infor

mation of some credible person verified by his or her affiGovernor may davit, that some one or more of such causes exist; where

Suspend commissioners.

such commissioner from the further exercise of the duties of his office, until after the examination hereinafter provided for. Upon such suspension by the governor he shall immediately notify the commissioner complained of, of the making of such complaint, and appointing a time and place

sion of penitentiary.

not less than thirty nor more than sixty days from the date thereof: Provided, that service of such notice shall be at least ten days prior to the examination, when and where the governor of the state will hear testimony for and against · the commissioner complained of. Such notice shall be served as ordinary summons is, except that in case such commissioner shall have fled from the state, the notice may be left at the last residence, within this state, of such commissioner. At such time and place the commissioner complained of may be represented by counsel, and mav introduce testimony in his behalf. Such examination shall be public and shall be confined to the causes alleged in such information and notice. Upon the close of such examination the governor shall restore to office or permanently remove therefrom such commissioner.

§ 4. It shall be the duty of the penitentiary commis- To take possessioners, appointed under the provisions of this act, on the i thirtieth day of June, A. D. 1867, or as soon after their appointment as practicable, to proceed to the Illinois state penitentiary, located at Joliet, in the county of Will, and for and on behalf of the state of Illinois, to take immediate and fuil possession of said penitentiary and the convicts therein, and all the machinery, fixtures, goods, chattels and property in and about said penitentiary, belonging to the state of Illinois, or in which said state is in any way or manner interested, and keep and hold the same for and on behalf of said state, and to make all necessary provisions for the feeding, clothing, guarding and safe keeping of said convicts; and said commissioners shall thereafter have the general charge, superintendence, management and control of said penitentiary and of the convicts therein.

§ 5. The said penitentiary commissioners, or a majority Warden to be of them, shall appoint a warden of said penitentiary, who take oath and shall hold his office for the term of six years, unless sooner removed by said commissioners; but in case of such removal the reasons therefor shall be entered upon the journal of said penitentiary. The warden, before entering upon the duties of his office, shall take and subscribe an oath or affirmation to support the constitution of the United States and of this state, and to diligently and faithfully discharge the duties of his office; and also the oath or affirmation prescribed by section twenty-six, article thirteen of the constitution of this state. And he shall also enter into a bond to the people of the state of Illinois, in the penal sum of twenty-five thousand dollars, with good and sufficient sureties, to be approved by the governor and by the said commissioners, or a majority of them, conditioned for the faithful performance of the several duties which are hereby or which may from time to time be required of him by law; which said bond, and oath or affirmation, shall be deposited in the office of the secretary of state.

appointed

to

give bond,

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