An ACT to authorize the county commissioners of Brown county to apIn force, Feb.

point an Assessor. 17, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county com

missioners of Brown county shall have power to appoint Assessor to be appointed. some suitable person, whose duty it shall be to assess all the

taxable property in said county that was not assessed in the year one thousand eight hundred and forty, and make return to the clerk of the county coinmissioners' court of the county of Brown, according to the law regulating the duties of assessors.

SEC. 2. That the collector for the year one thousand

eight hundred and forty-one shall proceed to collect all the Duty of col. lector for taxes accruing from said assessment as tho[ugh) it all hud

been assessed at the same time and by the same person in the year one thousand eight hundred and forty.

Sec. 3. This act shall be in force from and after its pas sage.

Appruved, February 17, 1841.

Brown county


An ACT concerning Assessors. In force, Feb. 26, 1841. SEC. 1. Be il enacted by the People of the State of Illinois,

represented in the General Assembly, That hereafter the counOne assessor ty commissioners' courts of the several counties in this State, for each coun. shall appoint but one assessor, any thing in the fifth

ection y

of "An act concerning the public revenue," approved February twenty-sixth, one thousand eight hundred and thirtynine, to the contrary notwithstanding; which assessor shall take [the] oath or affirmation prescribed by the said fifth section of the aforesaid act concerning the public revenue, and perform all the duties required under the existing laws to be performed by assessors.

SEC. 2. In making out the alphabetical and duplicate How list to be list of taxable property required to be made by the revenue

laws in force, the assessor shall reserve on the right hand side of each page in the book containing such list, columns of sufficient width to set down the amount of State tax, the amount of county tax, and if a road tax be levied, also a column for such tax; the assessor shall add up the several columns of figures in the book or list, before delivering the

same to the clerk of the county commissioners' court. Persons may

Sec. 3. Any person or persons owning or claiming lands pay tax be: advertised for sale for non-paymentof taxes, may pay the taxfore judgment

es interest and costs due thereon before judgment: Provided, Proviso.

that such collector shall be required to make a report to the court, before judgment is rendered, of all lands upon which the taxes may have been paid, subsequent to making his return to the circuit court, according to the fourth section of “An act to amend an act concerning the public revenue," ap


proved February second, one thousand eight hundred and thirty-nine. Sheriffs shall be authorized and required to receive taxes, interest and costs on all lands upon which judgment has been rendered up to the time of sale of such land.

Sec.4. Assessors shall hereafter have until the twentieth Time of maday of August, annually, to make their returns to the clerks of king return. the county commissioners' courts of their respective countics.

Sec 5. In all cases where lands shall have been, or may be sold by any sheriff under the provisions of the act recited in the first section herein, and such sheriff shall be succeeded in office by another person, the successor of such sheriff is here- Snccéssor of by authorized to execute deeds to the purchasers thereof in sheriff shall like manner as if the sales of said lands had been conducted

execute deed. by him, and such deeds so executed by him, shall follow as near as mizy be after the form prescribed in the forty-second section of said act, and shall in all respects possess the same validity and efficacy as if made by the sheritf conducting the sale of the lands therein described.

Sec. 6. That this act so soon as it becomes a law, shall Act to be pub be published in the paper of the Public Printer at Springfield. lished.

Approved, February 26, 1841.

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An ACT to authorize the appointment of Assessors in certain cases.

In force, Feb. Sec. 1. Be it enacted by the People of the State of Illinois, 27, 1841. represented in the General Assembly, That the county commissioners' cout of each new county which may be created at Courts of ney the present session of the General Assembly, shall at their counties may

appoint first meeting as a court, appoint one or more assessors, who shall qualify in the same manner and perform the same duties as is now required by law.

Sec. 2. In all cases of vacancy in the office of assessor, Vacancies or failure on the part of any assessor to perform the duties may be filled required of him by law, the county cominissioners shall at their next regular or special term thereafter proceed to fill any or all such vacancies, and assessors appointed under the provisions of this section shall make returns to the commis- Assessors sioners' court within three months from the date of their


Approved, February 27, 1841.

to make return.

An ACT further defining the duties of the Attorney General, and for other purposes.

In force, Feb. Sec. 1. Be it enacted by the People of the State of Illinois, , 26, 1341. represented in the General Assembly, That the circuit court Jurisdiction of Sangamon county shall have original jurisdiction in all of Sangamon

circuit court causes, suits and motions, against every person or persons, body politic or corporate in the State, in which the State in State suite. shall be the party plaintiff or complainant, whether such


causes, suits and motions grow out of contracts express or implied, or out of torts of any nature or description what

ever, affecting the interest or welfare of the State. Suits bow in. Sec. 2. Bc it further enacted, That all such suits, mostituted.

tions, causes and proceedings shall hereafter be instituted and prosecuted in the name of the People of the State of Illinois.

Sec. 3. Be it fur.her enacted, That writs of ne-exeat, capias, Writs of ne-attachment and injunction may issue in the causes, suits

w and proceedings aforesaid on behalf of the State as in cases sue.

provided for by law between individuals, and such writs shall issue in all instances upon the official statement in writing of the Attorney General, which statement shall conform to the law applying to the issuing of those writs in other cases, only

dispensing with the oath or affidavit of the Attorney General. State not re- SEC. 4. Be it further enacted, That the State shall in no quired to give bond in suits. case be required to give bond and security as is required of

individuals in suing out such writs as aforesaid.

Sec. 5. Be it further enacted, That it shall be the duty of Duty of offe cers through the sheriffs and coroners throughout the State to obey the out the State. writs aforesaid, and serve the same in their respective coun

ties, and whenever any person or persons by virtue of any such writs of capias or ne-exeat, shall be required to give bail or enter into bond or recognizance, for his, her or their apo pearance at the court aforesaid, as in other cases provided for by law, in default of giving bail, or entering into bond or recognizance, such person or persons shall be imprisoned in the county where he, she or they may be arrested, and there detained until he, she or they shall give such bail, or enter into such bond or recognizance, or be otherwise discharged by law; and in case he, she or they shall not be discharged from custody, the sheriff or coroner having him, her or them in custody, shall surrender him, her or them before the said court at the return day of such writ.

Sec. 6. Be it further enacted, That any person or persons, Judgments a- body politic or corporate, against whom any such suit, cause, gainst State how paid. motion or proceeding as aforesaid shall be instituted and

prosecuted, shall recover payment for his, her or their costs, which shall be paid by the State, and for which the clerk of said court shall certify the same to the Auditor, and the Au. ditor of Public Accounis shall issue his warrant for the same on the Treasurer, in the event that such cause, suit, motion or proceeding shall be determined or disposed of against the State.

Sec. 7. Be it further enacted, That it shall be the duty of State officers tho Governor, Secretary of State, Treasurer, Auditor and to notify, At- Fund Commissioner, to give immediate notice to the Attortorney Geneal of delin, ney General of any delinquency or default of any person or quente. persons, body politic or corporate, in any matter relating to

the public revenue and public interests, growing out of contracts or torts as aforesaid, and it shall be the duty of the

Attorney General to proceed forthwith against such person Attorney Geor persons, body politic or corporate, in the most efficient neral to pro

ceed against. manner allowed by law. Sec. 8. Be it further enacted, That it shall be the duty of Further duty

of Attorney the Attorney General to enforce the penalties of the criminal

General. code against all persons who have or may embezzle the public money, or who may be liable to prosecution for any delinquency or default pertaining to the public revenue in his district, and it shall be the further duty of the Attorney General to give information, and directions, and instructions, to the prosecuting attorneys of the State, of any such offences as above in other parts of the State out of his district, so that prosecutions may be instituted against such offenders.

Sec. 9. Be it further enacted, That in all such suits, cau- Official stateses, motions and proceedings as aforesaid, the official state-ment of State, ment of the Governor, Secretary of State, Auditor, Treasu- ed evidence. rer, and Fund Commissioner, of any fact or facts, properly within the legitimate powers and duties of such officers, respectively, shall be deemed and taken as evidence for and against the State, as the case may he.

Sec. 10. Be it further enacted, That all subpenas, sum-issue to any monses, executions and other legal process in said suits, causes, county in the motions and proceedings, shall issue and be directed to any State. county in the State, and be served as in other cases provi- Fees of offided for by law; and the fees of the clerks, witnesses, sheriffs, cers. coroners and other officers, shall be the same as in other


Sec. 11. Be it further enacted, That the causes, motions, suits and proceedings aforesaid, shall be docketed in the Causes how court aforesaid, and tried and disposed of as other cases: Pro-docketed. dided, That said court shall not have exclusive jurisdiction of Proviso. such causes, motions and suits, but only concurrent jurisdiction with the other circuit courts of the State, where the defendant or defendants in said causes, motions and suits may happen to reside or be found.

Sec. 12. Be it further enacted, That this act shall not be Interests construed as repealing any other act or law of this State re-State not relating to the interests of the State, but the same shall be con.

pealed by this sidered a cumulative remedy in the enforcement of public justice.

Sec. 13. The sheriff or coronor of the proper county Process of sushall hereafter serve and return all writs and process issuing preme out of the supreme and circuit courts, unless otherwise provi

how served. ded for by law.

Approved, February 26, 1841.



and circuit courts order re-e mate.


An ACT creating a Board of Auditors to settle the accounts of contractors In force, Feb.

on Public Works. 26, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, Board of au. represented in the General Assembly, That the Auditor of Pubditors to settle lic Accounts, Treasurer and Secretary of State, he and they claims of con. are hereby created and constituted a board of auditors to tractors.

audit, settle and adjust the claims and accounts of all such contractors who have been engaged upon the public works of the State of Illinois, and whose accounts have not been pas

sed upon or rejected. Board confin. SEC. 2. Said board shall be confined to such claims oned to claims ly as shall be based upon estimates made upon contracts on estimates. entered into in accordance with law, and shall have power Board may to order a re-estimate where injustice shall appear to be

"done either to the State or individuals, to examine witnesses

upon oath, having power to administer oaths or affirmations to such witnesses, and to do all things necessary to ascertain and arrive at the amount justly due and owing froni the State to such contractor or contractors.

SEC. 3. When the board shall be advised and settle down Fund commis.“

on upon the amount due, in justice and equity, for work done sioner.

under contract, thev shall draw a draft or drafts for the same upon the Fund Commissioner, bearing interest at the rate of six per cent. per annum from the date thereof until paid,

which drasts may be drawn in any sum not less than fifty Proviso.

dollars: Provided, That in case the sum found due be less

than fifty dollars, a draft may be drawn for the amount due Further pro- to such individual or individuals: Provided, further, That no viso. account or estimate for work done on any .public work after

the passage of this act, shall be audited or passed upon by

said board. Record of SEC. 4. It shall be the duty of said board to keep a full proceedings record of all their proceedings, and in drawing drafts, the of board.

same shall be numbered, shew to whom drawn, the particuVouchers lar work, amount and date; all accounts, receipts, vouchers sball be filed. and certificates, examined and adjusted by them, shall be

carefully filed and preserved, and they shall make such re. ports on the business assigned them as will enable the Governor from time to time to report to the Legislature the true and accurate amount allowed and awarded, and the proceedings of said board specially.

Sec. 5. Said board of auditors shall not be authorized to Pissue certificates of indebtedness to an amount above one hundred thousand dollars under the provisions of this act.

SEC. 6. It shall be the duty of said board of auditors to Je with enci settle with and adjust the claims of any engineer who inay neers. have rendered service to the State under the internal im

provement laws and who have not received compensation Claims how to

w for such services. The said claims to be established in such established.

manner as shall be satisfactory to said board, and when any



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