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A-f,.s,e£'e ful peiToi mance of the conditions of i\,is act, may sell and

may Be" real ^lsPose c' at public sale, all real estate and town lots, situate,

esiateof O. iyingand being in the towns ol Havana ana Moscow, in the

M.Ross,dec'd county of Mason, belonging to the estate of Ossian M. Uoss,

deceased.

Sec. 2. Before any of said lots shall be sold as aforesaid,

Consent of it.shall be necessary to obtain the consent of the executrix

f , r*of. e8'and executor of said estate, the guaidian of the minor heirs,

tale obtained , , . . ,° ,

before sale and the hens at hiw ol said estate, who are over Ivvemy-one

years of age, in writing, and file fhe same in the office of the judge of probate in and for the county of Fulton. Notice of eale Sec "• The 6:"c of said lots shall, in .all cases, be by public sale, held in the town in which the lots are situated, proposed to be sold; and no sale shall be had under the provisions of this act, unless public notice of the time, place and terms of said sale, shall have been published ii. some newspaper printed nearest said town, and aiso by putting up not less than three public notices in the vicinity of said town, at least four weeks previous to said sale. Statement of Src. 4. The said Ambrose S. Steele is hereby authorized sale to be tiled and reqUi,-ed, on the first Monday in the month of January, in thoyiar of our Lord, one thousand eight hundred and forty-two, and on the first Monday in January every year thereafter,(or so long as there are any monies or assets in his hands, accruing from the sale of said lots,) to make out in writing a full and perfect statement of all his acts in the premises in relation to the sale of said lots, and file the same in the office of the judge of probate in and for the county of Fulton.

Skc. 5. The judge of probate of the county of Fulton, Payments to upon the statement being filed in his office as aforesaid, shall beirs make an esii-Tifi.t.p of what amount is doe to each of the heirs

at law of the said Ossian M- Ross, deceased, arising from the sales of said lots as aforesaid; and the said Ambrose S. Steele shall, upon said estimate being made by the judge ol prepayment to bate as aforesaid, pay over to each of said heirs who are

guardian of over twenty one years of age, the sum so estimated to be

minor heirs J , J , ,• ?, . . . r

due, and snail pay over to the guardian ol the minor heirs of

said estate the sums severally and respectively due them

agreeable to the estimate made by the judge of j rubate as

aforesaid. This a,;t fr* take effect and be in force from and

afier its passage.

Approved, February 26, 1811.

An ACT authorizing the mutual conveyance of certain lots by and bein force, Feb. tweeu the Auditur °1. Public Accountr, and J. Whitney. 27, 1841.

Whereas, Jonas Whitney conveyed by deed of gift to the

Preamble State of Illinois, lots numbered nine, ten, eleven and twelve,

in bio; .v eight, in W'hiluuy's addition to the town of Springfield, for the purpose of locating the turnout depot, &c, of the Northern Cross railroad on the same. And whereas, by ;i change made in said turnout by the principal engineer since the donation of said lots, it becomes necessary to make the said location on lot number eight, in block eight; lots number eight and nine, in block five, and lots number nine, ten, eleven and twelve, in block two, in said addition to Springfield, instead of the lots formerly donated, which are now of no use to the State since the said change in the road. And whereas, it is expedient that the Siate obtain the last mentioned lots by surrendering back the former: Therefore,

Sec. 1. Be it. madid by the People of the State of Illinois, cnnv(,y to j represented in the General Assembly, That the Auditor of Pub- Whitney cer'iic Accounts, be, and ne is hereby authoiized and required to""Q lots convey to Jonas Whiiney, lots number nine, ten, eleven and twelve, in block nurhher ei ;ht, so soon as s:.id Whitney shall cortvey to the State of Illinois, lot number eight, in block e..ght, lots number eight and nine in block five, and lots num-J.Wlli",ey ber nine, tea, eleven and twelve in block two, all in Whit- St(l'le 'ertajn ney's addition to the town of Springfield, to be used by s tid Jots State for the said turnout depot on the Northern Cross railroad. This act to be in force from and after its passage.

Approved, February 27, 1841.

An act to repeal an act therein mentioned. £n force, Feb

27, 1841. Sec. 1. Be it enacted by the People of lite Stale of Illinois, represented in the General Assembly, That an act to author- Aots repealed ize Benjamin McKay and others to lay off additional lots in the town of Stephenson, in Rock Island county, approved, February sixth, one thousand eight hundred and thirty-nine, be and the same is hereby repealed.

Approved, February 27, 1811.

An ACT changing a town plat therein named. I" force Feb.

17, 1841.

Sue. 1. Be it enacted by the People of the State of Illinois, represented, in the General Assehihly, That Jusiah Rr.ndle, of Madison county, Illinois, is hereby authorized and empowered so to alter and change the recorded plat of the Ptlrt of Plat Salu addition to the town of Upper Alton, in Madison l-oun-"on'changed ty, Illinois, as to make the lots in block numbered fortysix and the east half of Idock numbeied twenty-two, front north and south, to-wit: on Amelia and Powhattan streets, instead of fronting east and west, as by the said recorded plat said lots now do.

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Sec. 2. The said Josiah Randle shall, within three months Plat of lots to ^rom ancl a^ter tne passage of this act, procure a survey of be recorded the blocks and lots above specified, to be made by the county surveyor of Madison county, Illinois, and execute a plat thereof, and have the same duly recorded, pursuant to the provisions of the laws of the State concerning town plats: Provided, however, That this act shall not be construed so as to prejudice the rights of other persons, proprietors of said town, or any lots thereof.

Approved, February 17, 1841.

In force. Feb. An ACT to vacate town plats.

". Sec 1. Beit enacted by the People of the State of Illinois,

represented in the General Assembly, That any person or persons, Sodies politic or corporate, who have laid out or may H , hereafter lay out any lands into town lots, streets and alleys,

maybe vaca- and who are the proprietors thereof, are hereby authorized ted to vacate said town by an instrument in writing declaratory

of such intention, to be signed, sealed and acknowledged, as deeds are, which said instiument shall be recorded in the recorder's office of the county in which the town it situate.

Skc. 2. That in all cases where town lots have been sold

or otherwise disposed of, the proprietors may unite in such t

written instrument, and by conforming to the requisitions of

the first section of this act, may vacate such town plat, or

Proviso any part thereof: Provided, Such vacating does not abridge

or destroy the privileges and immunitiesof other proprietors.

Sec. 3. When any town, part of town, or any addition

thereto, shall be vacated as aforesaid, the proprietors of lots

Further pro-m:iy enclose the sticets, alleys and public grounds adjoii.ing

viso. thereto in equal proportions: Provided, Such enclosure does

not affect or abridge the rights of other proprietors, tends to^oun- Sec. 4. The provisions of this act shall extend to county ty com'rs and commissioners and all other proprietors of towns, or parts of proprietors of towns, or additions thereto. This act to take effect and be towns jn force from and after its passnge.

Approved, February 19, 1841.

. . „, An ACT to vacate a part of the town plat of Meredosla.

'" Sec. 1. Be it enacted by the People of the Stale of Illinois,

represented in the General Assembly, That all that part of Daniel Waldo and James E. Waldo's addition to the town of vacated *' Meredosia, in Morgan county, lying east of Crosby street in said addition, be, and the same is hereby vacated, and the title to the land occupied by streets in the part hereby vacated shall be revested in the said Daniel Waldo and James E.

Waldo: Provided, however, That all persons interested in Proviso, said addition, and owning lots therein, shall first sign a relinquishment of all their claims to the said streets and alleys, which instrument shall be recorded in the recorder's office of Morgan county: And Provided, also, That the vacating of Further prosaid addition shall not interfere with the vested rights of any Tlso" person who may have purchased a lot or lots in said addition.

Approved, February 19, 1841.

An ACT in relation to the public square in the original town of Ottawa.

In force Feb.

Sec. 1. Be it enacted by the People o f the State of Illinois^ 23i 1841. represented in the General Assembly, That all sales heretofore made by county commissioners of the county of La Salle, of lots, or parts of lots, in block number eleven in the original town of Ottawa, in said county, be. and the same hereby are Sa'e of Iota ratified and confirmed, and declared to be good and valid inra,lfied law and equity, any act heretofore passed, or any map or record declaring or describing said block as a public square to the contrary notwithstanding.

Sec. 2. Be it further enacted, That so much of said block PubIic 8luare number eleven as remains unsold, being the west half of the same, shall be and remain a public square.

Sec. 3. Be it further enacted, That the county commis- , , t

sioners' court of La Salle county, be, and it is hereby author-Index.10 re?

i * i ', i i x • cords in re

ized to employ a competent person to make a complete in-oorder'ioffice

dex to the records in the recorder's office of said county; there shall be an index of the names of the grantors and of the grantees, and also, of the tracts or parcels of land, and the recorder of said county, after said index or indexes shall be so made, is hereby required to keep the same in that manner, without additional compensation. The said person so employed, shall take an oath faithfully to perform the duties 0^ ^ herein required of him, which may be taken before the clerk B*m perforraof the county commissioners'court, and shall be filed in the ing dity office of said clerk. The county commissioners' court is hereby authorized to pay the person so to be employed,a reason- compensaable compensation, out of any money in the treasury of said tion county not otherwise appropriated.

Approved, February 23, 1841.

An ACT for the re-survey of the Jower town of Carlyle, in Clinton

c°a*V- In force, Feb.

20, 1841.

Sec. 1. Beit enacted by the People of the Stale of Illinois, represented in the General Assembly, That John M. Web-Com'rs,osurster, Thomas B. Afflick and William E. White, be, and they IZnotcTMare hereby appointed commissioners to make a survey of theiyle lower town of Carlyle, as near as may be, according to the

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original plats of said town, and for this purpose they are authorized to employ such surveyors, chainmen, and other assistants, as they may deem necessary.

Sec. 2. The said commissioners shall be sworn before some judge or justice of the peace, faithfully and honestly to make said survey and to adhere as closely as possible to the original plats oi. said town, not altering the width or dimension of the streets or alleys, or the size of the lots.

Sec. 3. The said commissioners shall cause a stone to be planted at each corner of a block or square, toJbe at least six inches above the ground and of sufficient size for said purpose.

Sec. 4. The surveyor and chainmen shall be sworn, in like manner, to the correct and honest performance of their duties.

Sec. 5. The said survey shall be completed within or.e year after the passage of this act, and a well executed plat thereof shall be made by the said commissioners, on which they shall sign, and certify under oath that the same is correct, and which shall be recorded in the recorder's office of Ciinlon county, and a certified copy of which, under the hand and seal of the recorder, shall be competent evidence, without other proof, of the facts manifested by it, in all the courts of this State.

Sec. 6. To defray the expense of said survey the board of tiustces ol said town shall have power to lay a tax upon the owners of lots in said town, and if the same is not promptly paid, the said trustees may proceed against the lot by its number and description, or against the owner if known, before any justice of the peace of the county, to recover said tax, and a judgment being rendered therefor, either against the tot when the owner is unknown, or against the owner if known, execution may issue as in other cases; and if the same is not redeemed within one )ear by the payment of the amount of the judgment and one hundred per cent, thereon, the lot shall vest absolutely in the purchaser, his heirs or assigns.

Sec. 7. Upon such sales being made, the officer making them,shall in each case grant the usual certificate to the purchaser as in other judicial sales.

Sec. 8. In case of death, resignation, removal or refusal to act of anv of the above named commissioners, thecounty commissioners' court of the county of Clinton, shall have power and are hereby required to fill all such vacancies.

Approved, February 20,1841.

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