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shall be made by the said board of commissioners upon the
Approved, February 17, 1841.
An ACT authorizing the canal commissioners to sell land in certain
In force, Feb.
27, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the canal commis- Canal lands sioners shall be authorized to locate and sell canal land in or in or near Ju. near Juliet, on the west side of the river, and not exceeding bie two acres to Martin H. Drummond, Levi Jenks, and Thom. as Allen, in trust for the sole purpose of a burying ground. Sec. 2. The trustees aforesaid may, after the purchase. Burial ground
shall be enclocause the said burying ground to be enclosed, to be and for- sed. ever remain a place for burying the dead, and shall be open at all times for that purpose: Provided, The said trustees Proviso. may stake off certain lots and pieces and sell the same to families as exclusive spots for the interment of their friends. I
Sec. 3. The money received for parts of the ground so Monies exlaid off, shall be expended by the trustees in enclosing such pended to enburying ground, and for things connected therewith, or pay-o
close grounds ing for the same to the canal commissioners. In
Sec. 4. Joel A, Mattison, A. W. Bowen and Uri Osgood, Ground east shall be authorized to buy in trust of the canal commissioners
side of river. a piece of ground on the east side of the river in Juliet, not exceeding two acres, and have the same powers and for the same purpose, as a burying ground, as is mentioned in the preceding sections and no more.
EU O biliejaus Approved, February 27, 1841.
payment shall have been made, and shall be allowed the right to select so much of his original purchase at his option as the said payments will cover, deducting from the original price stipulated for, thirty-three and one-third per centum.
Sec. 2. Said purchaser shall relinquish all claim to the Purchaser shall relin. 1018
lots or lands which he does not choose to purchase, and in quish lands to writing make his selection known to the board of canal com · Staie. missioners, who are hereby authorized and required to pro
cure and deliver to such purchaser a deed or patent for the same, agreeable to the laws now in force for patenting lands
and lots sold by canal commissioners. Balance how Sec. 3. If any balance shall be due to the canal fund, the paid.
same shall be promptly paid at the rate aforesaid; but it shall in uo case be allowed that the said board shall issue scrip of forfeited payments that may in any event become currency for the payment of any other lands or lots belonging to the canal at any other than the amount of purchase, but that the same balance, if any, shall be liquidated by the conveyance of lands or lots originally sold, and at the original amount
or price given at the time of purchase, with the deduction Part of lot before mentioned. may be relin. Sec. 4. That it may be lawful for any purchaser to requiehed. linquish a part of a lot by fourths, or halves, in proportion to
the depreciated value heretofore fixed by this act, but not by any other mode than leaving to the State as much front as rear, and in all cases of the relinquishment of lands, other than town lots, the same shall be done in pursuance of the legal subdivisions of the United States' surveys, and not less than forty acres, nor shall the commissioners transfer any lands, not town lots, by any other description than by such
legal subdivisions. Payment may
an SEC. 5. It may be lawful for any purchaser as aforesaid, land other to place his payment which has been so forfeited, on one piece iban lot.
of land, not a town lot, or one or more town lots, or such particular lot or piece of land as he may deem proper at the original purchase price, with the deduction as aforesaid, but in no case shall it be allowed to any such purchaser to place this
payment on any other lands or lots, at any other price or Record of pro- valuation than as before mentioned. ceedings ‘un- SEC. 6. The canal commissioners shall keep a just and der this act. full record of all proceedings under this act, and report the
same to the next meeting of the general or special session of
this Legislature. Rights may be Sec. 7. The rights of the purchasers under the provisions
ed. of this act may be the subject of transferin writing, signed by Proviso.
the purchaser, or his legal representative, which shall be filed and recorded by the board: Provided, however, That the benefits and relief extended by the provisions of this act shall not embrace any land or town lots whatever except the town lots sold by the commissioners of the Illinois and Michigan canal in the towns of Chicago and Ottawa in the year one
thousand eight hundred and thirty-six, being for the relief and benefit of those purchasers and none others.
Approved, February 27, 1841.
An ACT to prevent the unlawful driving away of cattle and other stock by drovers and others.
In force June
1, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That wheneverany drover or other person or persons engaged in driving horses, cattle, mules, hogs or sheep through any part of the State of Illinois, Illinois, shall drive off, or shall knowingly and willingly suffer or Persona drie permit to be driven off from the premises of any citizen of said ving stock lurState, or from the range in which the stock of any such citizen ther than five usually run, to any distance exceeding five miles from such mules may premises or range, any horses, mules, neat cattle, hogs or owner. sheep belonging to such citizen, it shall be lawful for the owner of any such stock so driven off, to follow and reclaim the same wherever it may be found, and for the taking and driving away, or suffering or permitting to be driven away of such stock, the said owner shall be entitled to recover of and from said drover or other person or persons guilty thereof,
• driving away. for each head of horses, mules, neat cattle, hogs or sheep, so driven away, twice the value thereof, to be recovered in an action of debt before any justice of the peace of the proper county, or any court having competent jurisdiction thereof;
Provided, however, That if the drovers shall not pass any hab· itation within said five miles, and shall separate said cattle or
other stock from the drove at the next habitation, in such
Actions under of this act a capias may issue against the defendant or defendants, upon the plaintiff stating on oath that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be endorsed on the writ, and the proceedings thereon shall be the same as in other actions commenced by capias: Provided, however, That no exception shall be taken Proviệo.. to the form of the oath aforesaid.
Sec. 3. Whenever judgment shall be rendered against any person or persons, under the provisions of this act, by Under judga
ament fi. Fa. any justice of the peace, a fi. fa. may issue thereon against m
albst may issue. the goods and chattles of any such defendant or defendants, without affidavit as required in other cases. This act to take effect from and after the first day of June next.
Approved, Feb. 3, 1841..
An ACT to extend the time for taking an enumeration of the inhabitants In force, Jan.
of this State. 7, 1841.
Sec. 1. Be it enacted by the People of the State of Minois,
in represented in the General Assembly, That all persons appointtake State ed by the county commissioners' courts of the several councensus allow- tics of this State, to take the census or enumeration of the
to ja inhabitants of any county, shall have until the first day of nuary 1. 1841, 1 to make re- January, in the year of our Lord one thousand eight hundred
and forty-one, for the purpose of taking and completing such enumeration cr census and making the returns thereof, as directed by an act to provide for the taking of the census or enumeration of the inhabitants of the State, approved Janu
ary thirteenth, one thousand eight hundred and twenty-nine, ointeja ta m eenuh, one thou
and the pains and penalties of the said last recited act sball not accrue against the persons taking such census or enumeration until after the aforesaid first day of January,
Approved, January 7, 1841.
An ACT to incorporate the City of Nauvoo. In force, Feb. is itt "N O
!!... ithili Di * 1, 1841. * Seç. 1. Be it enacted by the People of the State of Illinois,
· represented in the General Assembly, That all that district of kcountry embraced within the following boundaries, to-wit: .: beginning at the north-east corner of section thirty-one, in
township seven north of range eight, west of the fourth prin. Boundaries of cipal meridian, in the county of Hancock, and running the city thence west to the north-west corner of said section, thence
north to the Mississippi river, thence west to the middle of Lithe main channel of the said river, thence down the middle
of said channel to a point due west of the south-east corner of fractional section number twelve, in township six north, of range nine, west of the fourth principal meridian, thence east to the south-east corner of said section twelve, thence north on the range line between township six north and range eight and nine west to the south-west corner of section six, in township six north, of range eight west; thence east
to the south-east corner of said section; thence north to the Including the place of beginning, including the town plats of Commerce merce and and Nauvoo, shall hereafter be called and known by the name Nauvoo of the "City of Nauvoo,' and the inhabitants thereof are
bereby constituted a body corporate and politic by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at
pleasure. Los adioin. Sec. 2. Whenever any tract of land adjoining the city ing the city of Nauvoo shall have been laid out into town lots and duly
recorded according to law, the same shall form a part of the “City of Nauvoo."
Sec. 3. The inhabitants of said city, by the name and Corporate style aforesaid, shall have power to sue and be sued, plead powers and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city, to purchase, receive and hold real property beyond the city for burying ground or for other public purposes for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal, for the benefit of the city; to . improve and protect such property, and to do all other things in relation thereto as natural persons.
SEC. 4. There shall be a city council to consist of a may- City council or, four aldermen and nine councillors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years, and until their successors shall be elected and qualified. Term of office The city council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form'a quorum to do business, but a smaller number may Quorum adjourn from day to day, and compel the attendance of absent members under such penalties as may be prescribed by ordinance.
Sec. 5. The mayor, aldermen and councillors, before en-Officers to tering upon the duties of their offices, shall take and sub. take oath scribe an oath or affirmation that they will support the Constitution of the United States and of this State, and that they will well and truly perform the duties of their offices to the best of their skill and abilities. i
Sec. 6. ., On the first Monday of February next, and every Annual electwo years thereafter, an election shall be held for the elec- tion tion of one mayor, four aldermen, and nine councillors, and at the first election under this act, three judges shall be chosen viva voce by the electors present, the said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation such as is now required by law to be taken by judges and clerks of other elections; and at all subsequent elections, the necessary number of judges and clerks shall be appointed by the city council. At the first election so held the polls
closing polls shall be opened at nine o'clock, A. M., and closed at six o'clock, P. M., at the close of the polls the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall be held; and the Certificates of clerks shall leave with each person elected, or at his usual election place of residence within five days after the election, a written notice of his election, and each person so notified, sball within ten days after the election take the oath or affirmation herein before mentioned, a certificate of which oath shall be deposited with the recorder, whose appointment is hereafter provided for, and be by him preserved, and all subsequent elections shall be held, conducted and returns thereof