dam across the Big Muddy Fork of Little Wabash river, on the south-west quarter of the south-east quarter of section number two, township number three north, of range number eight east, of the third principal meridian, in the county of Clay. The said dam shall not exceed six feet in heighth from the bed of the stream, and shall be constructed with a down stream slope, with a base of at least two horizontal to each perpendicular foot, and shall be well and sufficiently planked and kept in repair: Provided, The said Yates, his heirs or assigns, shall be the owner of the lands on both sides of the stream where such dam shall be built.

Approved, February 27, 1841.

An ACT to authorize John Primm, senior, to build a mill-dam across

Sangamon River.

In force Feb.

SEC. 1. Be it enacted by the People of the State of Illinois, 27, 1841. represented in the General Assembly, That John Primm, Senior, his heirs and assigns, be authorized to build and Location maintain a mill-dam across the Sangamon river, in Sangamon county, at or near a shoal called "Fisher's Ford," on section twenty-three, town seventeen north, range six west.

SEC. 2. That said mill-dam shall not exceed six feet high Heighth. above low water mark, and shall be so constructed as to allow the safe passage of the descending navigation on said

river.

SEC. 3. The State hereby reserves the right to construct Right reserva lock, or some other device, for the transit of the trade on ed. the river, over, around or near the site of said dam, whenever it may be deemed advisable by the Legislature, for the improvement of the navigation of said river, without any cost to the State for the right of way by said Primm, his successors or assigns.

SEC. 4. And be it further enacted, That William Carpen- Wm. Carpenter be allowed to build a mill-dam across the Sangamon river ter may build at or near where he now keeps a ferry, and that said dam be mill-dam. built agreeable to the provisions of section two: Provided, Proviso Said mill-dam is built above the present ford at said ferry, and in such a manner as not to obstruct said ford.

Approved, February 27, 1841.

An ACT in relation to free negroes and mulattoes.

In force Feb.

SEC. 1. Be it enacted by the People of the State of Illinois, 19, 1841. represented in the General Assembly, That every black or mulatto person, being a native of this State, and residing Evidence may within the same, may at any time enter his or her names, to- be recorded. gether with the names of his or her family, with the clerk of the circuit court of the county in which he or she may re

Proviso

side, together with the evidence of his or her freedom, which shall be entered on record by said clerk, together with a description of all such persons; and thereafter the clerks' certificate of such record shall be prima facia evidence of his or her freedom, afford the holder the same protection, and have the same effect in law, as is given to certificates granted in pursuance of the fourth section of the act entitled "An act respecting free negroes, mulattoes, servants and slaves," approved, March thirtieth, one thousand eight hundred and nineteen: Provided, nevertheless, That nothing herein contained shall be construed to bar the lawful claim of any person or persons to any such negro or mulatto.

Approved, February 19, 1841.

In force Jan. 7, 1841.

An ACT for the appointment of a Notary Public in the city of Nauvoo.

SEC. 1. Be it enacted by the People of the State of Illinois,represented in the General Assembly, That it shall be the duty Notary public of the Governor, by and with the advice and consent of the Senate, to appoint one notary public in the city of Nauvoo, in Hancock county, whose duties and term of service shall be the same as are now required and prescribed by law in respect to other notaries public.

In force Feb. 20, 1841.

Approved, January 7, 1841.

An ACT in relation to Paupers.

SEC. 1. Be it enacted by the People of the State of Illinois, Persons char-represented in the General Assembly, That hereafter any per gable where son becoming chargeable as a pauper in this State, shall be they reside. chargeable as such pauper in the county in which he or she resided at the commencement of the thirty days immediately preceding such persons becoming so chargeable.

Clerk of c'ty to notify.

SEC. 2. If any person shall become chargeable in any county in which he or she did not reside at the commencement of the thirty days immediately preceding his or her becoming so chargeable, he or she shall be duly taken care of by the proper authority of the county where he or she may be found, and it shall be the duty of the clerk of the county commissioners' court to send notice per mail to the clerk of the county commissioners' court of the county in which such pauper resided as before stated, that said person has become chargeable as a pauper, and requesting the authorities of said county to remove said pauper forthwith, and to pay the expense accrued in taking care of him or them.

SEC. 3. If said pauper by reason of sickness or disease, or by neglect of the authorities of the county to which he or she belongs, or for any other sufficient cause, cannot be moved,

moved.

then the county taking charge of such individual or individ- When person uals may sue for and recover from the county to which cannot be resaid individual or individuals belong, the amount expended for and in behalf of such pauper or paupers and in taking care of the same.

SEC. 4. The term residence in this act shall be taken and considered to mean the actual residence of the party or the Explanation. place where he or she was employed, or in case he or she was in no employment, then it shall be considered and held to be

the place where he made it his home.

This act to take effect from and after its passage.

Approved, February 20, 1841.

An ACT to amend "an act simplifying proceedings at law for the collection of debts," Approved, February the 25th, 1833.

In force Feb.

to

be

SEC. 1. Be it enacted by the People of the State of Illinois, 23, 1841. represented in the General Assembly, That so much of the act to which this is an amendment as requires all suits commen- Act requiring ced under said act to be docketed to the second day of the suits court, be and the same is hereby repealed, and all suits com- docketed, remenced under the provisions of said act shall as soon as commenced be placed on the common law docket, and shall not Case tried in be tried except in the order which they occupy on the docket, order unless for good cause, the court shall otherwise direct.

Approved, February 23, 1841.

An ACT to provide for settlers on lands purchased by the State.

pealed

SEC. 1. Be it enacted by the People of the State of Illinois, In force Feb. represented in the General Assembly, That any person who 27, 1841. actually resided on, or had made permanent improvements

deed

to

on any lards heretofore purchased by the board of com- When persons missioners of public works, by authority of the 31st section entitled of an act entitled "An act to establish and maintain a general system of internal improvement, approved, February twentyseventh, one thousand eight hundred and thirty-seven, and who had made such improvements, and resided on or occupied such improvements three months before, and at the time of such purchase, and who had not given their consent to the purchase of the State, shall be entitled to a deed for the same upon the conditions hereinafter mentioned for any legal subdivision of said lands, not exceeding one hundred and sixty acres. Provided, That the StateProviso reserve the right of way for any railroad or other road she may construct hereafter over such lands.

SEC. 2. Any person having the right to avail himself or Proof of claim herself of the provisions of this act, shall go before the clerk of the circuit court or county court, or any justice of the peace of the county, in which said land may be situated,

and make proof of his or her claim, according to the full intent and meaning of the provisions contained in the foregoing section, which proof shall be taken under oath, and shall be certified at length by the officer taking the same. The applicant shall present the same to the Fund commissioner, and if upon examination of the same he shall be of opinion that said lands so applied for were purchased contrary to the true intent and meaning of the thirty-first section of the act in relation to internal improvement, approved, February twenty-seventh, one thousand eight hundred and thirty-seven, and shall so decide, it shall then be lawful for such applicant to pay over to the Fund commissioner the sum of one dollar Amount per and twenty-five cents per acre for as much as he shall establish his claim to, not exceeding one hundred and sixty acres, together with interest at the rate of six per cent. per annum to be computed from the time of purchase by the State to the time of payment herein mentioned: and it shall moreover be the duty of said Fund commissioner to give such applicant a receipt for the same, specifying therein the quantity of land, and an accurate description of the tract or tracts of land so paid for; and it shall moreover be the duty of the Auditor to is- Auditor of public accounts upon the presentation of such receipt to execute a good and sufficient deed for the land so described, to the person entitled to the same.

acre

Fund com❜r to give receipt

sue deed

Certificates

SEC. 3. This act shall be construed liberally to favor the settler on any lands bought by the State, contrary to the provisions of the act herein before alluded to, but no right herein not transfera provided to be protected, shall be assignable or otherwise transferable before the making of the deed by the Auditor: Provided, This act shall remain in force for one year and no longer.

ble

Approved, February 27, 1841.

In force, Feb. An ACT supplemental to "An act defining the duties of Public Printer,” 23, 1841. and fixing the time and manner of performing the same.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the prices of public printing as fixed by a joint resolution of the Senate and Prices of prin- House of Representatives, adopted July twenty-first, one

sing

thousand eight hundred and thirty-seven, to wit: seventyfive cents per thousand ems for composition, and seventyfive cents per token for press work, shall hereafter be per2d Section of manent until altered by law.

act repealed SEC. 2. The second section of the act to which this is supplemental, be, and the same is hereby repealed. Auditor, treasurer and sec- SEC. 3. Immediately after the printing of any session of retary of state the General Assembly shall have been completed, it shall be to settle acc'ts the duty of the Auditor, Treasurer and Secretary of State, to with ublic settle the accounts of the public printer according to the

printer

sixth section of the act to which this is supplemental, and to ascertain the quantity of paper which has been properly used by the public printer in the printing for said session. SEC. 4. Thereupon the Secretary of State shall cause an advertisement to be published three times in the newspaSecretary to per published by the public printer, and in some newspaper advertise for published at each of the following places, to wit: St. Louis, paper Louisville, Pittsburgh, Philadelphia, New York and Boston; the third insertion of such advertisement to be at least one

paper

month previous to the time appointed for receiving propo sals; said advertisement shall specify the quantity, size and Quality and quality of paper which will be required for the public print- quantity of ing, the time and place of delivering the same, and the time when and the place where, sealed proposals will be received for furnishing the same. The quantity of paper to be furnished shall be ascertained by adding one-fourth to the quantity used

for the printing of the preceding session of the Legislature,

and deducting from the whole amount the quantity of sur- Surplus paper plus paper remaining in the hands of the public printer for

the time being.

SEC. 5. At the close of the period for said advertise. Proposals ment, the Secretary of State shall in the presence of the Auditor and Treasurer, open all the proposals he may have received, and thereupon shall accept the proposal of the lowest responsible bidder, and immediately notify such bidder of such acceptance.

Proposal to be

SEC. 6. The Secretary of State shall file such proposal filed in his office.

SEC. 7. The public printer shall give bond to the Gov- Bond of pubernor, with good security previous to entering upon the dis- lic printer charge of the duties of his office, in the penalty of ten thousand dollars conditioned that he will faithfully perform and execute all the public printing required to be done in pursuance of law, by the direction of either branch of the General Assembly, or any officer of the State, and that he will do and perform all other acts and things required, or which may hereafter be required of him according to law, which said bond shall be approved by the Governor and filed in the office of Secretary of State.

SEC. 8. The person receiving the contract for furnishing the paper for the use of the State shall, at the time of the execution of such contract, give bond to the Governor in the penalty of ten thousand dollars, conditioned that he will faithfully furnish and deliver the said paper in kind, quality and quantity, at the times, places, and upon the terms mentioned in said contract; and that he will, in all respects, comply faithfully with the provisions of such contract, and of the law by virtue of which such contract shall have been made, which said bond shall be approved by the Secretary of State, Auditor and Treasurer, and filed in the office of Secretary of State.

Contrator to

give bond.