county court of said county, who shall issue notices of said election to the sheriff of said county; and said sheriff shall cause said notices to be posted up in the several precincts of said county, in the same manner as notices of general elections, according to the laws of this state. § 7. This act shall take effect and be in force from and after its passage. APPROVED February 18, 1859. In force April AN ACT to provide for an election for the removal of the County Seat of Hender26, 1859. Election for or against removal of county seat. Ballots. Notice. Returns. Returns to be canvassed. Certificate. Public buildings. son county. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That at the election to be held on the Tuesday next after the first Monday in November, one thousand eight hundred and fiftynine, in the county of Henderson, a poll shall be opened at each of the election precincts in said county, for and against the removal of the county seat of said county, from its present location, at Oquawka, to the town of Warren, in said county; at which election the qualified voters of said county may vote upon said question of removal. Those desiring the removal shall have written or printed on their ballots, "For Removal," and those desiring the county seat of said county to remain at Oquawka shall have printed or written on their ballots "Against Removal." 2. When the county clerk of said county gives notice of the election to be held in November, in the year of our Lord, one thousand eight hundred and fifty-nine, it shall be his duty to state in said notices that said polls will be opened at the election precincts in said county, according to the visions of this act. pro 3. The judges and clerks of said election shall make returns of said election in the manner and time now provided by law in regard to other elections in this state. 8 4. When the returns of said election are made to the clerk of the county court of said county the same shall be opened and counted as other returns are required to be opened and counted; and the said clerk shall spread the final certificate thereof on the records of said county court. And if it shall appear that a majority of the voters of said county have voted for said removal then the town of Warren shall be and remain the seat of justice of said county. § 5. In case the election herein authorized shall be decided in favor of removing the seat of justice of said county to Warren it shall be the duty of the county court of said county, as soon thereafter as may be, to erect or procure suitable buildings for the public officers of said county, and also a suitable place for holding courts in Warren; and when such buildings are erected or procured the officers, records, books, papers and furniture of said county shall be Records to be removed thereto; and the circuit and county courts shall be held and county business shall be transacted at Warren. APPROVED February 19, 1859. removed. AN ACT for relocating the County Seat of the county of Kendall. In force Febru ary 24, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the point to which the county seat of the county of Kendall may be Location. removed be and is hereby described as follows, to wit: By a circle having for its radius twenty chains and for its centre the middle of the island in Fox river, between Bristol and Yorkville bridge, in the county aforesaid: Provided, that a majority of the voters of said county vote for its removal to such point. § 2. That the qualified voters of the county of Kendall, Election. at the time and place of holding town meetings for the election of town officers, to be held on the first Tuesday of April, A. D. 1859, are authorized to vote upon the proposition to remove said county seat to said point-each voter's intention to be defined and declared by the words "For Removal" or "Against Removal." And the said vote of Result, how assaid election shall be ascertained by the officers of said elec- certained. tion, according to the provisions of the general election laws. 3. The officers of said election shall, in addition to the officers of the town clerk and moderator, as provided for at town meetings, the election. consist of the supervisor and collector of the several towns, and, also, an additional clerk, who shall be sworn to perform the duties of their office the same as at general elections, and shall receive for their services the same as at general elections, out of the county treasury. 4. The result of said election being ascertained in the usual manner and properly attested by the board of said election, as well for town officers as for and against removal, and the result of said vote "For Removal" and "Against Removal" shall be returned to the county clerk, by the said Returns. board of election, within four days after said election. It shall be the duty of the clerk of the county court to spread said return on his record, and notify, by written notice, the Notice to board board of supervisors, at their first meeting, of the result of supervisors. thereof. § 5. If a legal majority of the votes of said county shall Commissioners be for removal of said seat of justice to the point aforesaid to select site. and according to the provisions of this act, the board of Public ings. removed. build supervisors are hereby constituted and appointed commissioners to select the site in the aforesaid point for the erection of public buildings. § 6. It shall also be the duty of the board of supervisors, at their first meeting, or as soon thereafter as practicable, (if the vote shall be for removal,) to cause the necessary plans and specifications to be made for the erection cf a building or buildings, for county purposes, on said site, and to make arangements so that said building or buildings may be erected within three years from the first day of November, 1859, and to levy and collect the necessary tax for that purpose. And when said building or buildings shall have been erected and accepted by the board of supervisors the court, officers Records to be and public records shall be removed, held and kept in said building or buildings on said site: Provided, said court, officers and public records may be held and kept at its present site, in Oswego, until said building or buildings are completed and accepted by the board of supervisors. Notice of elec- 87. Public notice shall be given of said election by the county clerk in the newspaper printed in said county; and the town clerks of the several towns shall cause a copy of said notice to be posted up in three of the most public places in each town, (said notice shall state that the election is called for the above named purpose of removing the county seat of said county,) at least twenty days previous to the holding of said election; but notice of said election may be published and put up in said several towns by any citizen of the county aforesaid, and if actually posted up shall be deemed legal and sufficient notice of said election: Provided, also, that the refusal of any publisher of any paper in said county to publish said notice shall not render said election invalid. tion. Expense. § 89. In force Febru ary 29, 1859. AN ACT to amend an act entitled "An act to provide for the relocation of the county seat of Tazewell county, and the erection of public buildings," approved February 2, 1849. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section Vacancy in the seven of the act to which this is an amendment be so board of trus- amended, that in case of the death, removal from the county of Tazewell, or resignation filed with the county clerk of said county, of any of the trustees named in said section, or tees. pervisors. any who may be hereafter appointed under the provisions of this act, the board of supervisors of said county, at their To be filled by annual meeting, in the month of March, in each year, shall, board of suby ballot, elect suitable persons, residing in said county, to fill all vacancies occurring in said board of trustees at any time hereafter, or which may now exist; which persons, so elected, shall hold their office for one year and until their successors shall be elected; and the trustees so elected shall have all the powers and perform all the duties as those Powers named in the act to which this is an amendment, and be deemed invested, during the time they may hold their office, with the same estate as those named in said act. 2. This act shall take effect and be in force from and after its passage. APPROVED February 22, 1859. duties. and AN ACT to authorize courts in this state to hold over in cases where capital trials In force Februare pending. any ary 1, 1859. Courts SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any court in this state shall be engaged in the trial of capital crime and such court shall be required by law to hold hold over. a term of court in any other county before the verdict shall have been given in such cause, the said court in which said case may be on trial shall have full power and authority to continue in session until the rendition of a verdict and judgment, anything in the law to the contrary notwithstanding. § 2. This act shall be in force from and after its passage. APPROVED February 1, 1859. may AN ACT authorizing the judges of the supreme courts to correct judgments in In force Februcertain cases in vacation. ary 18, 1859. vacation. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any judgment shall have been rendered in the supreme Judgment may court, which, upon further consideration, is found to have be changed in been erroneously entered up, the judges thereof are authorized, during vacation, to change the same, without ordering a rehearing thereof, by entering a proper judgment in said cause; and in case a procedendo shall have been issued in any such cause the said judges may recall the same; and, by order of any of the judges, all proceedings taken by reason of Proviso. such procedendo shall be vacated and set aside: Provided, That all such judgments shall be corrected within six months from the adjournment of the term at which they may have been rendered. 2. This act shall take effect from its passage. APPROVED February 18, 1859. In force February 19, 1859. dower or alimony. AN ACT in relation to certain decrees in chancery and orders of court. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, in all cases Lien to secure where an order of a court of record or decree in chancery is made a lien on lands of a party to such order or decree, in any courts in this state, to secure the payment of the yearly value of a widow's dower, or the alimony to be paid to a woman or to a child or children, or to secure the payment of specific sums of money, to become due, from time to time, and sales of land may become necessary to satisfy any such sum or sums of money and costs, as they may become due, Sales not to ex- such sales shall not release or extinguish the lien upon such lands for the sums of money that may become due after proceedings are instituted to sell lands under such order or deExecution may cree; and executions may issue, from time to time, to enforce such orders or decrees, as payments may become due, according to the practice in courts of law or equity. APPROVED February 19, 1859. tinguish lien. issue. In force January 31, 1859. Time of holding courts. AN ACT to change the time of holding courts in the first judicial circuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter courts shall be holden in said circuit as follows, to wit: In the county of Morgan, on the fourth Mondays of February, the third Mondays of June, and the fourth Mondays of October. In the county of Jersey, on the fourth Mondays of March, and the first Mondays of September. In the county of Greene, on the first Mondays of April, and the second Mondays of September. In the county of Calhoun, the third Mondays of April, and the fourth Mondays of September. In the county of Scott, on the fourth Mondays of April, and the second Mondays of October. |