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each and every year thereafter, to file in the office of the auditor of public accounts a list of all the lands heretofore sold, or that may be hereafter sold, of the lands donated to the said company by this state; which list shall show the date of the sale, to whom sold, and for what price the same was sold, and also the terms of said sale-if on credit, when due, and what amount has been paid, and what amount is

due and unpaid upon each tract. Said list shall also show Deeded lands. to what tracts deeds of conveyance have been made and de

livered to the purchasers, and when each conveyance was

so made and delivered. Notice by audi- § 4. It shall be the duty of the auditor of public accounts

to cause all said assessments and collections to be made, and to give to the president of said company notice to prepare and file the lists of land as aforesaid; and if said president shall neglect or refuse to file said lists of lands, said auditor shall take such measures as to him may seem proper to pro

cure said lists. Said auditor shall see that this law is proInstructions of perly and strictly enforced; and said auditor shall issue such

instructions to the assessors, county clerks, and collectors of the counties, where said company may own property requiring said officers to do all such acts as, in the opinion of said auditor, shall best promote and enforce this act, and enforce the payment of said tax.

§ 5. This act shall be liberally construed, so as to effect the objects intended, and shall take effect and be in force from and after its passage.

APPROVED February 16, 1865.

auditor.

In force Feb. 18, AN ACT providing for the purchase of certain copies of the third volume of

the Illinois digest.

1865.

SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Asseinbly, That the secSecretary of retary of state be and is hereby directed to purchase from state topo pur- Henry & Read five hundred copies of their compilation and

digest of the decisions of the supreme court of this state, now being published by E. B. Myers, law booksellers and publisher, Chicago: Provided, that the justices of the said supreme court, upon an examination of said digest, shall certify that the same contains an accurate and reliable synopsis of the decisions of said court, as reported in the sixteenth to the twenty-ninth volumes of the Illinois Reports,

both inclusive. Price of digest. §

§ 2. The price which shall be contracted to be paid for

2. 1
said digest shall be seven dollars per copy.

Proviso.

ILLINOIS AND MICHIGAN OANAL.

tributed.

§ 3. The quality of paper and binding of said digest shall be equal to that of the Illinois Reports.

§ 4. The auditor of state shall issue his warrant to the Digest to be dissaid Henry & Read for the amount contracted to be paid for said digest, as aforesaid, upon the certificate of the secretary of state on the delivery of the same to him, at Springfield, and the certificate of the justices of the supreme court, mentioned in the first section of this act. And the secretary of state shall distribute the copies of said digest, so to be purchased, as, by the act of February 13, 1855, the first and second volumes of said digest were required to be distributed. And the said warrant shall be paid by the treasurer of this state, out of any money in the treasury not otherwise appropriated.

3 5. The purchase aforesaid shall not be made unless the time of delivery. said five hundred copies of said digest shall be delivered to the secretary of state within six months from the passage of this act; and this act shall take effect from and after its pas. sage.

APPROVED February 13, 1865.

AN ACT to provide for the completion of the Illinois and Michigan Canal, In force April 16, upon the plan adopted by the state in 1836.

1868.

WHEREAS, it has been represented, that the city of Chicago, Preamble.

in order to purify or cleanse Chicago river, by drawing a sufficient quantity of water from Lake Michigan, directly through it, and through the summit division of the Illinois and Michigan Canal, would advance a sufficient amount of funds to accomplish this desirable object; and, whereas, the original plan of the said canal was to cut down the summit so as to draw a supply of water for navigation directly from Lake Michigan, which plan was abandoned, for the time being, after a large part of the work had been executed, only in consequence of the inability of the state to procure funds for its further prosecution; and, whereas, under the law creating the trust the plan of the summit division of the canal was changed, the level being raised so as to require the principal supply of water to be obtained through the Calumet feeder, subject to serious contingencies, and by pumping on to the summit with the hydraulic works at Bridgeport; now, therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That to secure the completion of the summit division of the Illinois and summit division Michigan canal, upon the original “deep cat” plan, with to o

to be completed

ILLINOIS AND MICHIGAN CANAL.

Opening and clo.

such modifications and changes of line, if necessary, as will most effectually secure the thorough cleansing or purification of the Chicago river, and facilitate the execution of the work, the city of Chicago through its constituted authorities, may at once enter into an arrangement with the board of trustees of said canal, with a view to the speedy accomplishment of the work.

$ 2. The canal shall not be constructed of a less capacity ang of canal. than the plan adopted by the canal commissioners in 1836,

nor shall the work of deepening it be prosecuted so as to materially interfere with the navigation. By consent of the board of trustees, however, the navigation may be opened later and closed earlier than usual in former years, but it

shall never be diminished to a less time than six months. Delight of way. .$.3. It shall be lawful for the city of Chicago tu enter

upon and nse any lands which may be necessary for the right of way for said canal, if the route slould in any part vary from the present line of canal, and to take and use any materials, of any description, necessary for the prosecution of the work contemplated, along the line thereof; the value of the same to be determined in the mode provided by the

general laws of this state. Amount expend. 4. The amount expended by the city of Chicago in

deepening the summit division of the canal, according to the plan adopted by the canal commissioners, in 1836, shall be a vested lien upon the Illinois and Michigan canal and its revenues, after the payment of the present canal debt; and the net revenues of the canal shall all, thereafter, be applied to the payment of the principal and interest of the same expended in accomplishing the object of this act, until the whole amonnt iş reimbursed to the city: Provided, the

cost shall not exceed two and a half millions of dollars. ': state may refund § 5. The state of Illinois may at any time relieve this

lien upon the canal and revenues, by refunding to the city of Chicago, the amount expended in making the contemplated improvement and the interest thereon. t: ir APPROVED February 16, 1865.

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od to be lien.

Proviso.

In force Feb. 16, AN ACT to authorize the board of trustees of the Illinois and Michigan 1665,

canal to appraise and sell tracts, lots and islands.

ton 1. Be it enne General Asseman. Canal may canal,

? SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Assembly, That the board Lands and lots of trustees of the Illinois and Michigan canal may have

appraised all lands, lots and islands, belonging to said canal, not heretofore appraised, and may sell the same, at any time, either at private or public sale, at not less than the appraised value.

to be appraised and sold.

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praise.

$ 2. That, for the purpose of carrying this act into effect, Agents to apa the board of trustees are hereby anthorized to appoint one ? or more agents, whose duty it shall be, when notified by said board of trustees, to appraise all of the said unappraised lands, lots and islands, belonging to the said Illinois and Michigan canal, and return said appraisement to the secretary of said board of trustees at their office, in Lockport, Illinois.

$ 3. This act to be in force from and after its passage. APPROVED February 16, 1865.

AN ACT in relation to insane persons and the Illinois state hospital for the In force Feb. 16,

insane,

1863.

to be present

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, the circuit judges of this state are hereby vested with power to Insane persons act under and execute the provisions of the act passed on the twelfth of February, eighteen hundred and fifty-three, entitled “An act to annend an act entitled (an act to establish the Illinois State Hospital for the Insane,"" in force March first, eighteen hundred and forty-seven, in so far as those provisions confer power upon judges of county courts; and no trial shall be had of the question of sanity or insanity before any judge or court without the presence or in the absence of the person alleged to be insane. And jurors Jurors to do shall be freeholders and heads of families.

§ 2. Whenever application is made to a circuit or county Duty of clerk judge, under the provisions of this act and the act to which this is an amendment, for proceedings tú inquire into and ascertain the insanity or sanity of any person alleged to be insane, the judge shall order the clerk of the court of which he is judge to issue a writ, requiring the person alleged to be insane to be brought before him, at the time and place appointed for the hearing of the matter; which writ may be directed to the sheriff or any constable of the county, or the person having the custody or charge of the person alleged to be insane, and shall be executed and returned, and the person alleged to be insane brought before the said judge before any jury is sworn to inquire into the truth of the matters alleged in the petition on which said writ was issued.

§ 3. Persons, with reference to whom proceedings may Rights of perbe instituted, for the purpose of deciding the question of insane. sanity or insanity, shall have the right to process for witnesses and to have witnesses examined before the jury ; they shall also have the right to employ counsel or any

institution.

friend to appear in their behalf, so that a fair trial may be had in the premises ; and no resident of the state shall hereafter be admitted into the hospital for the insane, except upon the order of a court or judge or upon the production of a warrant issued according to the provisions of the act

to which this is an amendment. Accounts of the $4. The accounts of said institution shall be so kept and

reported to the general assembly, as to show the kind, quantity, and cost of any articles purchased for use; and, upon quarterly settlements with the auditor, a list of the accounts paid shall be filed and also the original vouchers, as now required.

5. All former laws conflicting with the provisions of this act are hereby repealed, and this act shall take effect on its passage.

APPROVED February 16, 1865.

Laws repealed.

In force Feb. 16,

AN ACT providing for the sale of eertain lands thercin contained.

1865.

lands.

lands.

north, rangest quarter of Elie third pininety-seven lot nu

SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Assembly, That the Anditor to sell auditor of public accounts be authorized and empowered to

sell the following described real estate, to-wit: The west Description of half of the northwest quarter of section fourteen, township

twenty-seven north, range two west of the third principal meridian; also, the east half of the northeast quarter of section fifteen, township twenty-seven north, range two west of the third principal meridian ; also, the east half southeast qnarter of section twenty-nine, township twenty-seven north, range two west of the third principal meridian; also, the northwest quarter of section three, township twenty six north, range two west of the third principal meridian ; containing, in all, three hundred and ninety-seven acres and seventy-seven one-hundredths of an acre; also, lot number seven, block thirty-nine, in the town of Metamora—all of said real estate lying and being in the county of Woodford, and state of Illinois—in such manner and upon such terms as he may deem best; and that he, the said auditor, be empowered to make and execute a good and sufficient deed or deeds therefor to the purchaser or purchasers of the same which deed or deeds shall have the effect to vest all the right, title and interest now in the state to the said purchaser

or purchasers. Honey expended § 2. That the said auditor, out of the moneys arising

from the sale of said lands, refund to Robert T. Cassell and E. C. Ingersoll all money which they or either of them have paid out and expended, as the attorneys of the state,

Terms of sale,

how refunded.

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