Object of corporation. Corporate powers. Course of studies to be pursued. Instructors & officers. Vacancies, how filled. Treasurer to give bond. Lands held in Proviso. SEC. 3. The sole object of said corporation shall be for the promotion of science and literature, and its corporate powers shall be similar to those conferred upon other corporate bodies for the advancement of education, to-wit: to make contracts, to sue and be sued, plead and be impleaded; to grant and receive by its corporate name; to acquire, purchase, and sell property, real and personal, and in all lawful ways to manage and use the same; to have a common seal, and the same to alter and change at pleasure; to make such by-laws and regulations as are not inconsistent with the Constitution and laws of the United States and of this State; and to do all other acts, which may be necessary, to carry out the powers herein conferred. SEC. 4. The trustees of said college shall have authority, from time to time, to prescribe and regulate the course of studies therein, to fix the rate of tuition and other college expenses; to appoint instructors and such other officers and agents as may be necessary in managing the concerns of the institution; to define their duties, fix their compensation, and remove them from office at pleasure; to purchase books, chemical, philosophical, and other apparatus, and to prescribe regulations for the conduct of the students. SEC. 5. The trustees, for the time being, shall have power to fill any vacancy which may occur in the board of trustées from death, resignation, or any other cause, and a majority of the trustees, for the time being, shall be a quorum to do busi ness. SEC. 6. It shall be the duty of the trustees to appoint one of their number treasurer to the board, and he shall be required to give bond with sufficient security, to be approved by the board, in such penal sum as they may prescribe, conditioned for the performance of such duties as may be required of him. SEC. 7. The lands and tenements to be held in perpetuity perpetuity. by virtue of this act, shall not exceed six hundred and forty acres; Provided however, That if grants, donations, or devices, shall, from time to time, be made to said corporation, over and above the quantity of six hundred and forty acres, which may be held in perpetuity as aforesaid, the same may be received and held by the said corporation for the period of ten years from the time of such grant, donation, or devise, at the expiration of which time, if said lands, over and above six hundred and forty acres, shall not have been sold by said corWhen lands poration, then, and in that case, the lands so granted, donated, shall revert to or devised shall revert to the grantor, donor, or devisor of the same, or to his or her heirs. donor. Approved, February 24, 1841. An ACT to amend an act to incorporate the Colleges therein named. In force, Feb. 26, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the twelfth section Section of the above entitled act is hereby repealed. pealed. SEC. 2. That the proviso to the seventh section of said Proviso act, be, and the same is hereby repealed. pealed. SEC. 3. Provided further, That the same privileges be Proviso. extended to McDonough college, and all other incorporated colleges within this State that have the same restrictions in their charters. Approved, February 26, 1841. re re An ACT to authorize the supervisor of the village of Cahokia to lease part of the commons appertaining to said village. In force, Feb. 17, 1841. authorized to SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the supervisor duly Supervisor elected by the inhabitants of the village of Cahokia is hereby au- survey and thorized to cause to be surveyed in lots, that in his opinion, will lease part of best suit purchasers, any part of the commons of Cahokia, and commons. lease the same for any number of years not exceeding one hundred, as in his opinion will best promote the interest of the inhabitants of said village. The said supervisor shall first cause to be surveyed in lots as aforesaid, the part of said commons proposed to be leased, and cause a plot of the same to be made, showing the number of acres in each lot, and location properly numbered, which plot, when so made, shall be recorded in the recorder's office of St. Clair county. SEC. 2. The said supervisor shall cause to be inserted for Notice of sale. four weeks consecutively in one of the newspapers published in Belleville, and also in one of the daily papers published in the city of St. Louis, Mo., the time and place of offering said lots to lease, and also, cause four written advertisements to be placed up in four of the most public places in the vicinity of the said village; and on the day thus appointed the said supervisor shall cause the said lots to be publicly set up and leased to the highest bidder. SEC. 3. Each lot shall be offered separately, stating the Lots how sold number of years for which the same is proposed to be leased, on lease. the number of acres it contains, and the same shall be struck off to the person bidding the highest amount of money per acre, payable annually in advance for the same, each and every year the same as leased for. The said supervisor as aforesaid, shall execute to the lessee, a deed of lease for the number of years the same was bid off, which lease shall vest in the purchaser the full and complete possession and enjoyment of said land for the term of years leased, conditioned for the annual payment of the rent to the supervisor or other authorized person or persons to receive the same, for the inhabitants of the village of Cahokia. Proceeds Trustees provide houses for schools. of SEC. 4. The proceeds of the commons so leased as above, sale, how ap-shall, after defraying the expenses of sale, be appropriated to plied. the education of the children of the inhabitants of the village of Cahokia, and for no other purpose whatever; to effect said object the inhabitants of said village shall elect three trustees to annually, whose duty it shall be to provide a school house or houses, and employ a teacher or teachers, suitable and competent for the instruction of the pupils. Said trustees shall have power to receive from the supervisor or lessees the amount of money due annually from the rents of said commons, and transmit the same to their successors in office, should there be any in their hands, and shall moreover be required at the end of every year to render an account to the inhabitants of said village of all the monies which came to their hands, of the amount paid for tuition, and school houses, and the number of children taught. Nothing in this act contained shall prevent the said supervisor from leasing any portion of said commons at private sale, when in his opinion the interest of the inhabitants of Cahokia will be advanced by it. Lots may be leased at private sale. Supervisor to give bond. SEC. 5. Said supervisor before entering on the discharge of his duties under this act, shall enter into bond with two or more sufficient securities, in the sum of three thousand dollars payable to the county commissioners of St. Clair county, and their successors in office for the use of the inhabitants of the village of Cahokia; conditioned for the faithful performance of his duties under this act, which bond shall be signed, and the securities approved of before the clerk of the county commissioners' court of St. Clair county, which bond, when approved by the clerk, shall be by him filed in his office. Approved, February 17, 1841. An ACT relating to the recording or registering of conveyances, or other In force, Feb. instruments in writing, executed out of this State and within the United 26, 1841. States. out of State & SEC. 1. Be it enacted by the People of the State of Illinois, Deeds made represented in the General Assembly, That all deeds, mortgages, conveyances, powers of attorney, or other instruments in proved, declared good writing, of, or concerning any lands, or real estate within this and effectual State, which have or may hereafter be made and executed in law. without this State, and within the United States, and which may hereafter be acknowledged or proved in conformity with the laws and usage of the State, Territory or District, in which any of such conveyances or instruments have been, or shall hereafter be made and executed, shall be recorded or registered in the respective counties in this State, in which the lands, tenements or hereditaments, affected by any such conveyances or instruments, may be situate; and all conveyances or instruments thus acknowledged or proved, are hereby declared effectual and valid in law, to all intents and "purposes, as though the same acknowledgments had been taken or proof An ACT to establish the county of Henderson. In force, Jan. 20, 1841. Henderson county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that part of the Bounds now county of Warren, lying west of range three, west of the fourth principal meridian, be, and the same is hereby crea ted into a new county, to be called the county of Henderson. SEC. 2. The county seat of said county of Henderson Location of shall be, and is hereby permanently located at the town of county seat. Oquawka, in said county of Henderson; Provided, the pro- Proviso. prietors of said town of Oquawka shall donate and convey to the county commissioners of Henderson county (for the time being) for the use and benefit of said county in fee simple, not less than two hundred of the average unsold or unimproved lots in said town of Oquawka, the proceeds of the sale of said town lots, or so much thereof as may be required, shall be appropriated exclusively to the erection of public buildings. SEC. 3. In case of the removal of the county seat from said town of Oquawka, the public buildings and lots upon which they may stand, shall revert and become the property of said proprietors and their heirs forever thereafter, and also, all lots remaining unsold at the time of removal. of of SEC. 4. The legal voters of the county of Henderson shall Election meet at the usual places of holding elections in said county county officers on the first Monday of April, one thousand eight hundred and forty-one, and proceed to elect all county officers, excepting one county commissioner, and the justices of the peace and constables at present residing therein, who shall continue to discharge the duties of their offices respectively, in and for the county of Henderson, in the same manner as though Warren county had not been divided. The officers elected under the provisions of this act shall hold their offices until the next regu County com'rs to qualify and hold court. lar election, and until their successors are elected and qualified. SEC. 5. The county commissioners of said county of Henderson shall meet in the town of Oquawka, on the third Monday of April, one thousand eight hundred and forty-one, and after being duly qualified, shall proceed to hold court and perform such duties as are required by law of other county Term of office commissioners' courts. Of the commissioners elected under of co. com'rs. the provisions of this act, the one receiving the highest number of votes, shall hold his office for the term of three years from and after [the] first Monday in August next; the one receiving the second highest number of votes, shall hold his office for the term of two years from and after that period. Co. to select town lots. SEC. 6. The county commissioners of said county shall, whenever in their opinion the interest of said county may demand and require the sale of the whole or any part of the lots donated as aforesaid, proceed to sell the same, in such manner, and on such terms as they may deem most advisable for the interest of said county. SEC. 7. The election returns for the officers herein provided to be elected, shall be made in the same manner, and within the same time as all other elections, except that the returns shall be made to John B. Patterson, an acting justice of the peace of said county, or in case of his death, or inability to act, any other justice of the peace of said county, who shall call to his assistance two other justices of the peace of said county, and proceed to open the returns of the election, and in all things perform the duties required of the clerk of the county commissioners' court and justices of the peace in like cases. com'rs SEC. 8. The county commissioners' court at their first term, to be holden on the third Monday of April, one thousand eight hundred and forty-one, shall proceed, together with the proprietors of the said town of Oquawka, to select the number of town lots, herein before provided to be donated, and so soon as the selection shall be made and agreed upon, the Proprietors to proprietors shall immediately thereupon, execute a deed in execute deed fee simple for said lots, to the county commissioners for the convey-time being, for the use and benefit of said county; which of ance. School com'r of Warren to deed, when so made, and acknowledged and received, shall be entered upon the records of said court, and also be recor ded as other deeds are in the office of the county recorder. SEC. 9. The school commisioner of Warren county shall pay over pay over to the county commissioners of Henderson county, school funds. upon demand being made by the said county commissioners or their legally constituted agent, all monies, notes and other papers, which may be in his hands at the time of such demand, and which may rightfully belong to said county of Henderson of by reason of the sale of any school lands located within school, col the county of Henderson, and also its proper proportion of the interest arising from the school, college, and seminary fund; Portion lege and seminary fund. |