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conveyance was made, or their successors, to execute conveyances for the same, so as to divest the legal title, and release all claim of the county to the premises conveyed; but no commissioners, or county shall, by virtue of such conveyance, become responsible for the title of the premises conveyed, except as against their own acts.

Approved, February 18, 1841.

An ACT to amend and explain tne Election Law, approved, January

tenth, one thousand eight hundred and tweiitv-nine. ^n force, Feb.

5 J 20,1841.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, at any Quaiificatiorelection held in this State, all white male inhabitants above of voter the age of twenty-one years, and having resided in the State six months, next preceding such election, shall enjoy the right of an elector, whether such elector has been naturalized or not: Provided, That when any such person shall pre- proT]to sent himself to give his vote, and either of the judges shall suspect that such person does not possess the aforesaid qualification of age and residence, or either, or if his vote shall be challenged by any elector, who has previously voted at such election, the judges of the election shall tender to such person the oath or airi.mation in the iollowing form: "1, A. Form of oatB B. do solemnly swear, or affirm, (as the case may be) that I am a resident of the county of in the State of Illinois, that I have resided in this State for the period of six mouths immediately preceding this election, that 1 have, to the best of my knowledge and belief, attained to the age of twenty-one years, and that I have not voted at this election."

Sec. 2. Any person so offering his vote at such election, and shall take such oath or affirmation, or shall offer to takeken au\e& such oath or affirmation, as prescribed in the preceding sec-proved false tion, his vote shall be received, unless it shall be proved by evidence satisfactory to a majority of the judges that such oath or affirmation is false; and if such person shall refuse to take such oath or affirmation, his vote shall be rejected; and if any person shall take the oath or affirmation as is before when person named, knowing such oath or affirmation to be false, he shall deemed guilty be deomed guilty of wilful and corrupt perjury, and punish- °'Per.J"17 ed accord ngly.

Sec. 3. It any judge or judges of election shall refuse to receive the vote of any such person so residing in this State, six months before election, and being at the time of offering his vote, twenty-one years of age, as stated ia the first section of this act, and he shall comply or offer to comply v/ith the first section of this act, then every judge, or the judges so refusing or neglecting to receive the vote of the person aforesaid, and to record it as a legal vote, shall be liable to be indicted, and on conviction shall be fined five hundred dol- .. . nen]ecf of du' 'ars' an(* 'mP"sone^ no* exceeding thirty days, in the county tySoefCtjudgesja''' an<*sucn judge or judges may also be sued in an action of of election case by the person aforesaid, and upon proof of such refusal or neglect in said judge or judges to receive and record the vote of such person so offering to vote, damages may be recovered of such judge or judges not exceeding five hundred dollars. Penalty for Sec. 4. If the clerk of the county commissioners' court neglect of sliall neglect or refuse to perform the duties as pointed out in clerk tne seventeenth section of an act entitled "An act regulating

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elections," approved January tenth, one thousand eight hundred and twenty-nine, he shall be liable to be indicted, and on conviction shall be fined in a sum not exceeding five hundred dollars, and imprisoned not exceeding thirty days, and may be sued in an action of trespass on the case for damages not exceeding five hundred dollars by the person injured by reason of the neglect or refusal of such clerk. Persons muti- Sec. 5. If any person shall mutilate or erase any name, creting°r pollor %ure« or word, in a poll book, taken or kept at any elecbooks to be tion, or if any person shall take away such poll book from the place where it has been deposited for safe keeping, with an intention of destroying the same, or to prevent the election of any person, or if any person shall destroy any poll book so taken and kept at any election, he or she shall be liable to be indicted, and on conviction, shall be fined fire hundred dollars, and imprisoned not exceeding sixty days in the county jail: Provided, That nothing contained in this act shall conflict with the one hundred and sixty-fourth section of the criminal code.

Approved, February 20, 1841.

An ACT regulating evidence in certain cases.

f°,r<1842.eb' Sec. J. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in trials of actions In trials on uPon contracts, express or implied, where the action is contracts, not brought by partners or by joint payees or obligees, it shall necessary to not be necessary for the plaintiff, in order to maintain any prove part- sucn action,lo prove the copartnership of the individuals nars lp ined in such action, or to prove the christain or sir names of sucli partners, or joint payees or obligees, but the names of such copartners, joint payees or obligees shall be presumed to be truly set forth in the declaration, petition or bill: ProProviso, vided, That nothing herein contained shall prevent the defendant in any such action from pleading in abatement as heretofore, or of proving on the trial either that more persons ought to have been plantifFs, or that more persons have been made plaintiffs than have a legal right to sue, or that the christian or sir name is other and different from the one stated in the declaration, petition or bill, in which event the defendants' rights shall be as at common law.

Sbc. 2. On actions upon contracts, express or implied, FTMo{ o( H»against two or more defendants, alleged to have been made TMjjjj"ot re" or executed by such defendants, as partners or joint obligors or payors, proof of the joint liability or partnership of the defendants, or their christian or sir names, shall not in the firstinstance be required to entitle the plaintiff to judgment, unless such proof shall be rendered necessary by pleading in abatement, or the filing of pleas denying the execution of such writing, verified by affidavit, as is required by the "Act concerning practice in courts of law," approved on the twenty-ninth day of January, one thousand eight hundred and twenty-seven. The act entitled "An act regulating evidence in certain cases," approved, March second, one thou- Act repealed, sand eight hundred and thirty-nine, be and the same is hereby repealed, and this act to be in force from and after the first day of February next.

Approved, February 17, 1841.

An ACT to establish a ferry across the Illinois River.

In force Feb.

Sec 1. Be it enacted by the People of the State of Illinois, '" represented in the General Assembly, That William L. May, his heirs and assigns, be and they are hereby authorized to establish a ferry at the outlet of Lake Peoria, and to run the same from both sides of said outlet, either from any public Loca,,ODhighway or from any lands or lots of ground which are or may be owned by them.

Sec. 2. The said William L. May, his heirs and assigns, shall at all times keep a sufficient number of boats, hands, Accommodaoars and poles, to afford at all times a safe and speedy transportation of all travellers and other persons who may desire to cross said river, with their horses, wagons, carriages and H • • other property, and the said ferry shall at all times be subject to all the rules and regulations which now are or may hereafter be provided by law to regulate ferries in this State.

Sec. 3. In consideration of the obligations hereinafter „ . . imposed, the said William L. May, his heirs and assigns, 15 ye"TM.' shall have the sole right of ferrying, and receiving tolls therefor, at the said outlet, for and during the term of fifteen years from and after the first day of May, A. D., one thousand eight hundred and forty-one.

Sec. -4. The said William L. May, his heirs and assigns, shall be authorized to receive for and during the said term of fifteen years, the following tolls, viz: man six and one-fourth Rates of Toll* cents; man and horse twelve and a half cents; gig, buggy, sulkcy, or one horse wagon, twenty-five cents; carriage with springs, with two horses, twenty-five cents; wagon with two horses or oxen, twenty-five cents; and for each additional horse or ox to wagon six and a fourth cents; four horse coach sixty-two and a half cents; each horse, jack, jennet or mule: 114

loose, not in harness, six and a fourth cents; cattle per head, when the number does not exceed ten, four cents; when the number exceeds ten head, three cents; sheep and goats per head, one cent and a half; fat hogs for slaughter per head, two cents; stock hogs per head, one cent and a half; one hundred pounds goods, wares and merchandize, six and a fourth cents; which rates of toll shall be kept up at the landing on each side of the river, in large letters and figures, for the inProviso formation and inspection of all persons: Provided, That when by reason of high water the said William L. May shall have to ferry the distance of a half a mile or more, he shall be authorized to charge and receive double the rates of ferriage hereinbefore allowed.

Sec. 5. The license and privilege hereby granted shall be beT^okeTM.^ liable to 'be revoked by information in the nature of a quo warranto, to be filed in the circuit courts either of Tazewell or Peoria counties, if the said William L. May, his heirs and assigns, shall knowingly and wilfully fail to comply with the provisions of this act, Annual pay- Sec. 6. For the privileges herein granted, the said Wilmont to Taze- Ham L. May, his heirs and assigns, shall annually on the first well county, fay of November in each and every year, pay into the county treasury of Tazewell county the sum of three hundred dollars the first year, and each year thereafter the sum of two hundred dollars, which money shall be expended from time to time, without delay, by the county commissioners' court of Tazewell county to the best advantage, in improving and constructing a good road from the south side of said river out to the highlands, making in all, for the fifteen years, thirtyone hundred dollars; and if the said May, his heirs or assigns, shall fail to pay the above amount for the space of one month after the same shall become due, the license hereby granted may be revoked as aforesaid. Nootherferry Sec. 7. The county commissioners' courtsof the counties of to beestab- Peoria and Tazewell are hereby inhibited from granting any lished. license to keep a ferry at the said outlet of Lake Peoria during the existence of this grant; but nothing in this act shall be so construed as to prejudice any rights already obtained. Sec. 8. This act to take effect from and after its passage: Proviso. Provided, This act may be repealed, amended, or modified May be re- by any subsequent Legislature, whenever the public good pealed. may require it.

Sec 9. The said William L. May shall on or before the first day of May next, enter into bond with one or more seBond. curities, in the penal sum of five hundred dollars, for the faithful performance of the conditions of this act, which bond shall be made payable to the county commissioners of Tazewell county and their successors in office, and shall be apBond to be fi-proved of by the clerk of the county commissioners' court, and filed in his office, to be sued on by any person aggrieved, in the name of said commissioners; and it shall be the duty, of the county commissioners of Tazewell county to cause toHa,fmilePost be planted by the road side half a mile from the west bank of said outlet, a durable and permanent post, which post shall Double feroperate as a guide to show when double ferriage may beriage. charged. Approved, February 23, 1841.

An ACT to establish a ferry across the Illinois River at Peru. In force Feb

24,1841. Sec. 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly, That Freeman Mills be, and he is hereby authorized to establish a ferry across the II- Location, linos river opposite to the Ninnewa addition to the town of Peru, and to run the same from both sides of the said river from any of the public streets and landings in said addition to said town, or from any lands owned by him, or any public street, or any lands owned by any other person, with the consent of the owner of said lands, opposite to said addition to said town.

Sec. 2. Said Mills shall keep said ferry and conduct the ^ same in all raspects pursuant to the laws of this State regula- conjucting. ting ferries, and shall have a right to receive the same tolls as are at this time provided by the county commissioners' court of La Salle county, to be received and taken at other ferriesRates ° • across the Illinois river in said county.

Sec 3. In consideration of the premises hereinafter men- Term of act. tioned, the said Freeman Mills shall have the privilege of ferrying across said river at the place aforesaid, and receiving toll thetefor for and during the term of fifteen years from the first day of March, A. D., one thousand eight hundred and forty-one.

Sec. 4. The county commissioners' court of the county No other ferof La Salle are hereby prohibited from granting any license T shall be esto keep a ferry at the place aforesaid or within one-fourth of a e .

mile thereof during the continuance of this grant; but nothing herein shall be construed to effect any rights already acquired.

Sec 5. The said Freeman Mills, in consideration of this Annual paygrant, shall annually on the first day of September in eachmem. year pay into the county treasury of La Salle county, the sum of twenty-five dollars.

Sec. 6. This act shall not take effect unless the said Mills shall, on or before the first day of June, A. D., oneled° thousand eight hundred and forty-one, file in the office of the clerk of the county commissioners' court of La Salle county, a bond with security to be approved by said clerk, in the penalty of five hundred dollars, conditioned that said ferry shall be kept and maintained according to the laws of this State.

Sec. 7. The privilege hereby granted shall be liable to . be revoked by an action in the nature of a quo warranto, to beCreToked." be filed in the circuit court of La Salle county, if at any time

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