In force Febru- AN ACT to provide for sustaining the Illinois State Hospital for the Insane, for ary 21, 1859. the years eighteen hundred and fifty-nine and sixty.

Ordinary penses.

ex

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sum Appropriation. of forty thousand dollars per annum, from the first of December, eighteen hundred and fifty-eight, to the first day of March, eighteen hundred and sixty-one, is hereby appropriated, to defray the ordinary expenses of the Illinois State Hospital for the Insane, for the present and succeeding year, payable out of the state treasury quarterly, as required for use, and to be accounted for as required by the act of the last session of the General Assembly in relation to the Public Institutions at Jacksonville: Provided, that if provision is made by any other act for defraying the expenses referred to in this act, this act shall be void: And, provided, further, that the money hereby appropriated shall not be applied to any other object than that for which the same is specifically appropriated. This act to take effect on its passage.

. Proviso.

Proviso.

APPROVED February 21, 1859.

In force Febru- AN ACT making additional appropriations and provisions for the Penitentiaries. ary 21, 1859.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That for the purpose of carrying on the works of the new penitentiary, according to the plans and specifications heretofore adopted by the commissioners and approved by the governor, treasAppropriation. urer and auditor, there is hereby appropriated the sum of two hundred thousand dollars, for expenditures on said works, for the years 1859 and 1860.

Money, how to be drawn.

Contracts.

Commissioners

ficate.

2. The money hereby appropriated, to be drawn in the manner specified in an act entitled "An act to locate and build an additional penitentiary," approved February 19th, 1857; and the commissioners are hereby required to observe and pursue all the provisions of the act above referred to, relating to the payment for work in the construction of the new penitentiary, and in making of contracts; and that the contracts shall not exceed the amount herein appropriated.

§ 3. That whenever the works of said new penitentiary to make certi- shall be sufficiently advanced to admit of it, the commissioners shall make the certificate specified in the tenth section of the act referred to in the second section of this act.

Convicts to removed

Joliet.

be

4. The commissioners having, pursuant to the provisto ions of the law heretofore enacted, sold and conveyed the old penitentiary at Alton, and the ground on which the same

stands, the warden of the penitentiary is hereby required to remove all prisoners from the penitentiary at Alton to the new penitentiary at Joliet, on or before the thirtieth day of July, 1860, and as much sooner as the commissioners shall certify to the secretary of state that the new penitentiary is sufficiently advanced to accommodate and securely keep all the state prisoners. It shall be the duty of the secretary of Secretary of state, on receiving such certificate, to notify the judges of state to notify all the courts in this state, having authority to commit convicts to the penitentiary, of the fact; and thereafter all convicts sentenced to the penitentiary by any court in this state, shall be committed to the penitentiary authorized to be built by the act hereinbefore referred to.

judges.

to

appoint chap

5. The governor is hereby authorized to appoint a Governor chaplain for each of the state penitentiaries, whose compen- lains. sation shall be five dollars each, per week, which shall be paid from the treasury, on the warrant of the auditor. It shall be the duty of the chaplains to attend at their respective penitentiaries, at such time as their services may be required, and to hold at least one religious service in the penitentiary every Sunday. The employment of the chaplain at Alton shall terminate on the removal of the convicts.

to Sanger,

6. The sum of twenty-one thousand three hundred and Appropriaton eighty-eight dollars and twelve cents is hereby appropriated Casey & Ross. to Sanger, Casey & Ross, in payment for repairs and rebuilding portions of the Alton penitentiary; for clothing and cash paid discharged convicts; for the transportation of convicts from Alton to Joliet; for blank records for the prison, and chaplain's salary, as allowed and certified by the state superintendent of the prison.

& Wise.

$7. The sum [of] six thousand seven hundred and fifty- Appropriation eight dollars and nine cents is hereby appropriated to Buck- to Buckmaster master & Wise, in payment for clothing and cash paid discharged convicts, and repairs and work done on the penitentiary at Alton, as certified and allowed by said superintend

ent.

draw warrants.

8. The auditor of public accounts is hereby required Auditor to to draw a warrant upon the treasurer of state for the several sums above specified, and to the parties above mentioned, and the same shall be paid out of any money in the treasury not otherwise appropriated.

9.

This act to take effect and be in force from and after its passage.

APPROVED February 21, 1859.

In force Febru- AN ACT to authorize the treasurer of the state to pay to the superintendent of ary 24, 1859. the Penitentiary certain claims therein mentioned.

For bibles.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of the state be authorized to issue his warrant upon the treasury of Appropriation. the state for the sum of four hundred and thirty-nine dollars and fifty cents, in favor of the superintendent of the penitentiary, to enable him to pay for three hundred bibles purchased for the use of the convicts in the penitentiary, and to pay Jos. A. Miller for services as engineer and appraiser, also to pay L. D. Cleveland, John Chaney and Jos. A. Miller, for their services in estimating and appraising the value of certain work done in the penitentiary at Alton, and also to pay George T. Brown for certain record books furnished to the superintendent, for the use of the penitentiary.

To J. A. Miller.

To L. D. Cleve

land, J. Chaney and J. A.

Miller.

G. T. Brown.

2. This act shall take effect and be in force from and after its passage.

APPROVED February 24, 1859.

In force February 23, 1859.

AN ACT further defining the crime of Arson.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person, being the owner, lessee or occupant of any of the Arson defined. kinds of property specified in section fifty-eight of the crimi

Proviso.

nal code, shall willfully and maliciously set fire to the same, with intent to burn the goods and chattels or fixtures of any other person, persons, body politic or corporation, then in said building, or shall willfully and maliciously set fire to the same, with the intent to defraud any insurance company, either by consuming the said building or by consuming his own goods and chattels or fixtures therein, or shall wantonly set fire to the same, with the intent to communicate fire to an adjoining building, the property of another, every such person so offending shall be deemed and taken to be guilty of arson, and punished accordingly: Provided, that if the life or lives of any person or persons be lost, in consequence of any such burning as aforesaid, such offender shall be deemed guilty of murder, and punished accordingly.

2. This act to take effect and be in force from and after its passage.

APPROVED February 23, 1859.

AN ACT to amend an act entitled "An act in relation to the Attorney General In force Februand State's Attorneys," approved February 28th, 1847. ary 24, 1859.

attorney of the

er's court of

SECTION 1. Be it enacted by the People of the State of Fees of state's Illinois, represented in the General Assembly, That the state's seventh circuit attorney of the seventh judicial circuit shall be allowed the in the recordsame commissions and fees for his services in the recorder's court of the city of Chicago that he is now entitled to receive by law for like services in the said circuit court, to be paid by the said city of Chicago.

2. This act to take effect and be in force from and

after its passage.

APPROVED February 24, 1859.

AN ACT regulating the manner of inflicting the punishment of death in capital In force Febru

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any person shall be condemned to suffer death, by hanging, for any crime of which such person shall have been convicted in any court of this state, such punishment shall be inflicted within the walls of the prison of the county in which such conviction shall have taken place, or within a yard or inclo- Execution sure adjoining such prison.

to

take place within an in

§ 2. It shall be the duty of the sheriff or the deputy closure. sheriff of the county to be present at such execution, and, by at least three days previous notice, to invite the presence Sheriff to inof the judges, prosecuting attorney, and clerks of the courts vite witnesses. of said county, together with two physicians and twelve Physicians. reputable citizens, to be selected by said sheriff or his deputy. Citizens. And the said sheriff or deputy sheriff shall, at the request

Officers.

of the criminal, permit such ministers of the gospel, not Clergymen. exceeding three, as said criminal shall name, and any of the immediate relatives of said criminal, to be present at Relatives. such execution; and also such officers of the prison, depu- Prison officers. ties and constables as shall by him be deemed expedient to have present; but no other persons than those herein mentioned shall be permitted to be present at such execution; nor shall any person, not a relative of the criminal, under the age of twenty-one years, be allowed to witness the

same.

3. The sheriff, or his deputy, or the judges attending Certificate such execution, shall prepare and sign, officially, a certificate, execution. setting forth the time and place thereof, and that such criminal was then and there executed in conformity to the sentence of the court, and the provisions of this act; and shall procure to said certificate the signatures of the other public

of

officers and persons, not relatives of the criminal, who witTo be filed with nessed such execution; which certificate shall be filed with the clerk of the court where the conviction of such criminal was had.

clerk.

4. This act shall take effect from its passage. APPROVED February 18, 1859.

In force February 24, 1859.

restored to citizenship.

AN ACT to restore Rufus Seay and Joseph Seay to the rights of citizenship.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Rufus R. and J. Seay Seay and Joseph Seay, of the county of Union, and state of Illinois, lately convicted of the larceny of a quantity of sugar, in the circuit court of said Union county, be and the same are hereby restored to all the rights of citizenship in this state; and shall hold, have and enjoy all and any of the rights, privileges and franchises of other good and lawful citizens of this state, as fully and completely as said citizens can or may, under the laws and constitution of the state of Illinois.

Public act.

§ 2. Be it further enacted, That this act be and the same is hereby declared a public act, and shall take effect from and after its passage.

APPROVED February 24, 1859.

In force Febru- AN ACT to authorize the investigation, and if just, the payment of the claim of ary 16, 1859.

Preamble.

Board to inves

Magniac, Jardine & Co.

Whereas the late firm of Magniac, Jardine & Co. claim a balance due from the state of Illinois of twenty-one hundred pounds three shillings and three pence sterling and interest, for money's advanced by them to pay the coupons on bonds of the state of Illinois, due July, A. D. 1841; and whereas said claim should be investigated, and if just, be paid; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the govertigate claim nor, auditor of state, John Moore, late treasurer, and James Miller, now state treasurer, be and they are hereby authorized to investigate said claim; and if they find the same To file certifi- just, they, or a majority of them, shall file their certificate of the amount due, in the auditor's office of this state. And the governor and treasurer are hereby authorized and directed To pay claim. to pay the same to them or their legal representatives, out of the proceeds of the two mill tax.

oate.

§ 2. This act shall take effect from and after its passage. APPROVED February 16, 1859.