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hereafter forming a part of the county of Stark, it shall be considered a part of said county of Stark; but if a majority of the legal voters of the said county of Henry arn, opposed to the division of said county, then the territory described in the foregoing part of this section shall remain and continue a part of Henry county. The election shall be conducted, no.

Returns of etice given and returns made in the same manner as now re- lection ; quired by law in the election of justices of the peace and consta blcs; Provided, That nothing herein contained shall Proviso. be so construed as to prevent the location of the county seat of Stark county, as provided in the second or any subsequent section of this act.

SEC. 2. That John Dawson, Peter Van Bergen and Wil- Com’rs to low liam F. Elkin, Esquires, all of the county of Sangamon, and cat State of Illinois are hereby appointed commissioners to locate the town of Toulon the county seat of Stark; they or any two of them shall meet at the house of William H. Hen- m: derson, in said county, on the second Monday in April next, place of meetor as soon thereafter, as may suit their convenience, and be- ing ing first duly sworn by some justice of the peace, that they are not directly or indirectly interested in, or the owners of Oath of comany real estate in the county of Stark, nor will not be in any miss’rs," way such owner during their services in locating said county seat, and that they will truly and faithfully discharge the duties assigned them by this act, without partiality or favor. They shall then proceed to locate the town of Toulon, the county seat aforesaid, having due regard, in making said location, to the present and future population of said county, the promotion of the general good of the whole county, the eligibility of the site, and as near as may be, after duly considering all the other provisions of this act, to the geographical centre of said county. Said commissioners shall before making said location, obtain by donation from the owner or his Donation for legally authorized agent or attorney, at least ninety rods county seat, square of land, to be conveyed by deed with general warran[ty,] to the county commissioners of the county of Stark, and their successors in office, to be disposed of as hereinafter provided; the title to the land so donated, shall be indefeasi. ble, and upon said land so donated shall be located the town and county seat, aforesaid. Said commissioners shall receive Compensathe sum of three dollars each for each day they may be ne- tion of com’rs cessarily employed in making said location, and in going to and returning from said county, to be allowed by the court and paid out of the treasury: Provided, however, That an Proviso's."? election shall be held at the different precincts in the county of Stark on the third Monday in April next, at which election poll books shall be opened with two columns, one for and the other against making said location. Notice of said election Vote for locashall be given by the clerk of the county commissioners' sion of councourt. He shall post up at each election precinct, or place ty seat of holding elections, written advertisements, giving at least,

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ten days' notice of said election, returns of said election shall be made on the day succeeding the election to the county commissioners, who shall open and canvass the same, and if it shall be found that a majority of votes given are in favor

of said location, then and in that case said location shall be Vote against made; but if it shall appear that a majority are opposed to location

said location, then and in that case said location shall be postponed until said county shall determine by a vote of a majority to make said location; and the county commission

ers are hereby authorized at any time they may think the Additional e.

majority of said voters require it, to order an clection for the lection

purpose of ascertaining the will of the majority, and the county commissioners shall give notice to the commissioners appointed to locate said county seal whenever it shall be ascertained that it is the will of a majority of the voters of said county, that it shall be located, and said locating commissioners are to make the same at any time they shall be notified as aforesaid. i s i

? County com- Sec. 3. So soon as the county seat is located, it shall be miss’rs to lay the duty of the county commissioners of the county afore.

said to lay off and have surveyed the town of Toulon ac. cording to such plan as they may deem most advisable, and then to sell the same on a credit of eight, sixteen and twen. ty-four months; the purchaser shall give his notes with good

personal security, to be approved of by the commissioners, Conveyance who shall execute a bond to the purchaser to convey to him, of lots

his heirs or assigns, such lot or lots as he may purchase at

said sale, said bonds are to be conditioned upon the payment Notice of sale of the purchase money, and not otherwise. Notice of said

sale shall be given by advertisements in three public newspapers, at least thirty days prior to said sale, and also, in said

advertisements notice shall be given that said commissioners Proposals for will receive sealed proposals for building a court house and county build- jail for said county, which proposals shall be opened ten days ings

after the sale of the lots aforesaid shall have closed, and the

contracts given to the lowest responsible bidder or bidders: Proviso Provided, Said commissioners may not consider all of said bids

unreasonably high; the contractor or contractors giving bond and security, to be approved of by the commissioners, for the faithful performance of said contracts; said bonds shall be made to the commissioners and their successors in office.

The contractors shall receive the notes of the purchasers of Pay of contractors

* lots in payment for the public buildings in the following man'ner: one fourth at the time of executing their bonds, one

fourth when the foundations are laid, one fourth when the buildings are covered in, and the remainder when completed and received. The commissioners shall apply all or so much 'of the proceeds of the salç of lots in the town of Toulon as

shall be sufficient to erect durable and respectable buildings, Male and few and any overplus shall be applied to the building of a female male acade

academy in said town, and the balance, if any, to the building [of]amale academy in said town. And it is hereby made the du

ty of the commissioners of said county to select suitable lots and Lots for pub

for lic purposes deignate them upon the plan of said town prior to the sale for " the following purposes: one for a male and one for a female academy, one for a jail, and four for the purpose of erecting houses of public worship, to be conveyed to the socieiy of christians who shall first build thereon.

Sec. 4. That the school commissioners of the county of Duty of school Henry and Knox are hereby, required to pay over to the com'r to pay school commissioner of the county of Stark, upoa his applica- fund tion, a just and equitable proportion of the school funds of said counties, agreeably to the additions made from Henry and Knox respectively to the county of Stark, whether said funds be in money, bonds, notes, or other securities. Also, should any school sections be sold in the townships thus added, it shall be paid over in like manner. .

Sec. 5. That for the purpose of aiding the sale of lots in the Persons protown of Toulon, and causing them to bring the greatest amount hibited selling

lots for one of money, the person or persons making the donation, upon year me which the town of Toulon shall be located, are hereby inhibited, as well as those who may purchase of said donee or donees, from surveying or making any addition or additions to the said town of Toulon, or selling any lot or lots for the period of twelve months from the sale of lots in said town.

Approved, February 27, 1841.

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An ACT to change the time of holding Courts in the second Judicial
Circuit.

In force, Jan.

7, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, Times of represented in the General Assembly, That hereafter the terms ing courts in of the circuit courts in the second judicial circuit, shall com- the several mence at the times hereinafter specified, and continue from .cou

"The 2d judicial day to day, (Sundays excepted,) until all the business be dis- circuit posed of, unless it shall be necessary to close the term to enable the judge to attend in the next county to hold court. In the county of Clinton, on the first Mondays of February and August; in the county of Bond, on the second Mondays of February and August; in the county of Montgomery, on the third Mondays of February and August; in the county of Shelby, on the fourth Mondays of February and August; in the county of Effingham on the first Mondays of March and September; in the county of Fayette, on the Thursdays thereafter; in the county of Washington, on i the chird Mondays of March and Scptember; in the county of Randolph, on the fourth Mondays of March and September; in the county of Monroe, on the fifth Monday of March, one thousand eight hundred and forty-one, and forever after on the first Mondays of April and October; in the county of St. Clair on the first Monday of April, one thousand eight hundred and forty-one, and forever thereafter on

lished

the second Mondays of April and October; in the county of

Madison, on the fourth Mondays of April and October. All process Sec. 2. All writs, recognizances, and other process which made returna-n ble to courts have been, or may be issued, or entered into, and made reas now estab-turnable to the courts as at present arranged, shall be taken

and considered to be returnable to the terms fixed by this act; and all proceedings pending in any of said courts shall be taken up and disposed of according to law, as if no al

teration had been made in the time of holding said courts. 48 jurors to be Sec. 3. It shall be the duty of the county commission. selected

ers' courts of each of the counties of Madison and St. Clair, to select forty-eight petit jurors for each term of the circuit courts in said counties, twenty-four to be summoned to serve the first week of each term of said courts, and twenty-four for the remainder of each of said terms.

Sec. 4. All laws inconsistent with this act are hereby reLaws repeal- pealed. This act to be in force from and after its passage.

Approved, January 7, 1841.

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An ACT fixing the time of holding courts in the sixth Judicial Circuit. In force Jan. Sec. 1. Be it enacted by the People of the State of Nlinois,

20, 1841. represented in the General Assembly, That the circuit courts Times of hole of the several counties composing the sixth judicial circuit, ding courts in shall be holden at the county seats of the respective counthe several ties at the times following: In the county of Jo Daviess, on counties in

bites iudi. the second Mondays of March, July and October; in the cial circuit county of Stephenson, on the second Mondays of April and

August; in the county of Winnebago, on the third Mondays of April and August; in the county of Boone, on the first Mondays of May and September; in the county of Lee, on the second Mondays of May and September; in the county of Whiteside, on the third Mondays of May and September; in the county of Rock Island, on the fourth Mondays of May and September; in the county of Carroll, on the Wednes

days after the first Mondays of June and October. Process issu. SEC. 2. All writs, subpænas and other process, which ed, when re-may be issued and made returnable to the terms of courts in turnable.

said circuit as heretofore required to be holden, shall be

deemed and taken to be returnable to said courts as requir. Proceedings ed to be held under this act; and all proceedings pending in in said courts how disposed any of said courts shall be taken up ar

any of said courts shall be taken up and disposed of accord. ing to law, as if nu alteration had been made in the times of holding said courts. This act to take effect and be in force from and after its passage.

Approved, January 20, 1841.

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An ACT ixing the time of holding the circuit courts in the first Judicial
Circuit.

In force, Feb.

3, 1841. Sec. 1. Be it enacted by the People of the State of Illinois,... represented in the General Assembly, That hereafter the cir

'Times of holcuit courts in the first judici»l circuit in this State, shall com- the several mence and be holden as follows: In the county of Morgan, counties in on the second Mondays in March, first Mondays in July and th

the 1st circuit fourth Mondays in October; in the county of Greene, on the fourth Mondays in March, third Mondays in July and third Mondays in October; in the county of Pike, on the first Mondays in April and September; in the county of Calhoun, on the Thursday before the third Mondays in April and September; in the county of Jersey, on the third Mondays in April and September; in the county of Macoupin, on the fourth Mondays in April and September; in the county of Scott, on the first Mondays in May and October; in the coun: ty of Cass, on the second Mondays in May and October; and all process which has been or may be issued out of any of said courts, returnable to the terms of the said courts, as heretofore required to be holden, shall be deemed and held as Process deemreturnable to the times fixed by this act, and all recognizan.ed returnable ces and obligations required to be discharged or complied to caurences with, in any of said courts, shall be deemed and held as being taken with reference to the time of holding said courts as provided for by this act.

Approved, February 3, 1841,

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An ACT to establish Circuit Courts.

In force, Feb.

23, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be two Two terms of terms of the supreme court holden annually at the Seat of supreme court

annually Government, and shall continue in session until the business before it shall be disposed of; and an; five of the supreme court judges shall constitute a quorum.

SEC. 2. There shall be a circuit court held annually in ,... each county, as often and at such time as is hereinafter spe of circuit cified, at the court-houses, or other places of holding court courts in said county. The judges presiding in their respective circuits, shali have jurisdiction over all matters and suits at law, and in chancery, arising in each of the counties of their respective circuits, when the debt or demand shall excced, twenty dollars; and all the provisions of law applicable to the former circuit courts shall be applicable to the circuit courts established by this act; and all the provisions of law applicable to the justices of the supreme court heretofore appointed, shall be applicable to the justices of the supreme court elected by the present General Assembly.

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