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Sec. 3. That so much of the forty-first section of said Part of 41st
section of act act, as provides that all sales of real estate for taxes and as
repealed. sessments withint said city of Chicago, shall be made by the city attorney; and so much of said section as provides that the said attorney shall receive one dollar, if proceedings in the sale of lots be stopped before the sale is made, and two dollars if the premises are sold, as his fees, be, and the same is hereby repealed; and that hereafter all sales of real estate in the said city, for any tax or assessment, shall be made by
to be the city collector, in the manner, and at the time prescribed made by city by the said act, and shall receive therefor the same fees and collector. compensation as are allowed county clerks for similar servi
Sec. 4. The qualified electors of the said city shall electan. nually, at the election for mayor and aldermen, a city mar-City marshal shal, whose daties shall be prescribed, and whose salary shall be fixed by the common council of said city, and that the seventy-seventh section of the said act to incorporate the said city of Chicago, be repealed. Sec. 5. That so much of the fourth and sixth sections of Part of 4th &
sections said act as provides for the election of one assessor from each
repealed. ward of said city, be repealed; and that the common council at their first meeting annually, after the charter election in said city, or as soon thereafter as may be, shall appoint one
Appointment assessor, with the privilege at any time of increasing the number to three, whose duties shall be the same in all respects, as is prescribed in the act to which this is an amendment.
Sec. 6. All deeds made to purchasers of lots sold for tax. Deeds of lots es by order of the council, as is provided in the act to which sold for taxes this is an amendment, shall be prima faciæ evidence in all evidence of controversies and suits in relation to the right of the pur
facts. chaser, his or her heirs or assigns, to the premises thereby conveyed, of the following facts: First, that the land or lot First. conveyed was subject to taxation at the time the same was advertised for sale, and had been listed and assessed in the time and manner required by law. Second, that the taxes Second. were not paid at any time before the sale. Third, that the Third. lands conveyed had not been redeemed from the sale at the date of the deed, and shall be conclusive evidence of the following facts:
First, That the land or lot was advertised for sale in the First. manner, and for the length of time, required by law.
Second, That the land was sold for taxes, as stated in the Second. deed.
Third, that the grantee in the deed was the parchaser. Third.
Fourth, That the sale was conducted in the manner required by law. And in controversies and suits involving the ti- Fourth. tle to land claimed and held under and by virtue of a deed executed by the mayor and clerk, as provided in the act to which this is an amendment, the person or persons claiming title adverse to the title conveyed by such deed, shall be re
quired to prove, in order to defeat the said title, either that the said land was not subject to taxation at the date of the sale; that the taxes had been paid; that the land had never been listed and assessed for taxation; or that the same had been redeemed according to the provisions of this act, and that such redemption was had or made for the use and benefit of the persons having the right of redemption under the laws of this State; but no person shall be permitted to question the title acquired by the said deed, without first showing that he, she, or they, or the person under whom he, she, or they, claim title, had title to the land at the time of the sale, or that the title was obtained from the United States, or this State, after the sale, and that all taxes due upon the lands, have been paid by such person or the person under whom he claims title as aforesaid.
Sec. 7. That the common council of the city of Chicago, Punishment for violation have power and authority to inflict such penalties not incon, of ordinances sistent with the Constitution and laws of this State, as they
may deem necessary and expedient, for a noncompliance with such ordinances as they may pass in relation to the regulating, restraining, or licensing the sale of vinous, spirituous, or fermented liquors within the city aforesaid; and also, that the said council have full and ample power over the streets and alleys, and public buildings of said city, (except such as belong to the county of Cook) and to authorize, if they may deem it necessary, the location of any market, or market
buildings, in any of the streets or alleys of said city, with Markets.
power to establish and regulate the markets so located by such ordinance or ordinances, for the restraining or licensing of the sale of meats and vegetables therein, as they may deem: expedient, with such penalties as they may see proper to affix thereto for a violation thereof, not inconsistent with the laws and Constitution of this State.
Sec. 8. That the said common council shall have power Improvements on ca
en .. to assess and levy a tax upon all improvements on canal lots, mal lots may or forfeited canal lots, as other lots are taxed in said be taxed. , city, so as to make the said improvements, or the rents there
of liable therefor, and that the personal property of the person or persons, in said city, owning said improvements, or
renting or leasing the ground of said lots, shall be liable therePersons rent- for, and upon a failure or refusal to pay said taxes, it shall be ing lots liable for tax. the duty of the collector of said city to obtain from the com
mon council of said city, a warrant in the nature of an execution against all such delinquents, authorizing him to levy upon and sell their goods and chattels, as in case of an execution from a justice of the peace, for the payment of said taxes and costs, and in case the said, persons so owning the said improvements or renting the ground aforesaid, shall have no personal estate upon which to levy for the payment of the said taxes and custs, then, and in that case the tenant or ten. ants, after notice given, shall be liable for the said taxes and
costs to the extent of the rents in their hands unpaid, if suf- In case of reficient to pay said taxes and costs; and upon refusal to pay tax, how prothe same, máy be proceeded against in the same manner as ceeded the persons owning said improvements, or leasing said lots. gainst.
Sec. 9. That the thirty-fifth section of the act to wbich 35th this is an amendment, be so amended, that whenever the amended. word “or” occurs in said section, it shall be taken and construed to mean “and,” and in all respects shall have the same meaning and signification as the word "and.”
Sec. 10. That the forty-first section of the said act, to 41st section awhich this is an amendment, or'so much thereof as provides
mended. that the right of redemption shall in all cases of sale of real estate for taxes, exist to the same extent to the owner and bis creditors, as is allowed by law in cases of sale of real estate for taxes, be so amended as to make the late revenue law, approved, February the twenty-sixth, one thousand eight hundred and thirty-nine, the law to which reference shall be expressly had in all cases.
SEC. 11. That the county commissioners of Cook coun-County comty, be, and they are hereby authorized to borrow upon the mis’rs of Cook
borrow faith and pledge of said county, a sum not exceeding ten money. thousand dollars, at a rate of interest not exceeding eight per cento, for a term not exceeding twenty years, and to issue bonds therefor under the seal of the county commissioners' court for said county, and countersigned by the clerk of the county commissioners' court: Provided, That in no case shall Proviso. the said bouds be funded or sold for county orders unless said county orders shall be at par.
Sec. 12. This act to take effect from and after the first day of March next.
Approved, February 27, 1841.
An ACT to amend "An act to incorporate the city of Springfield,” approveil, February 3, 1840.
In force Feb.
27, 1844. Sec. 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That so much of the Part of third third section of article second, and section second of article section of act
repealed. third, of the 'act to which this is an amendment, as requires the mayor and aldermen of said city to be citizens of the United States, be and the same is hereby repealed; and hereaster every inhabitant of said city who is entitled to vote for
Qualifications State officers, and who has the requisite length of residence of electore. according to the act to which this is an amendment, shall be eligible to the office of mayor or aldermen of said city.
Sec. 2. That so much of section second of article fourth Part of second of the act to which this is an amendment, as requires persons sec. repealed. to be citizens of the United States to be entitled to vote for city officers, be and the same is hereby repealed, and hereafter every inhabitant of said city who is entitled to vote for
Qualifications State officers, and who has the other requisite qualifications
mentioned in said section shall be entitled to vote for city officers.
Approved, February, 27, 1841.
An ACT 10 legalize certain acts of the clerk of the circuit court of Coles In force, Jan.
County. 26, 1841.
WHEREAS, by a law of the General Assembly, passed at their Preamble, session of eighteen hundred and thirty-nine and eighteen
hundred and forty, the time of holding the circuit court for the county of Coles was fixed on the third Monday in March: And whereas, the clerk of the circuit court of Coles county having mistaken the import of the law, supposing that it was temporary, and would only be in force at the last spring term of said courts, and that the next spring term of the court would commence on the Thursday after the third Monday in March next: And whereas, the said clerk of the circuit court for Coles county (laboring under this mistake) has issued writs, summons, subpænas, and other process, returnable on the Thursday after the third Monday in March next; therefore,
Sec. 1, Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all writs, summons, All process is-subpænas, and other process, issued by the clerk of the cirsued by clerk cuit court of Coles county, returnable on the Thursday after valid.
the third Monday in March next, shall be deemed and held returnable on the third Monday thereof, and shall be valid and legal to all intents and purposes, any law to the contrary notwithstanding.
Approved, January 26, 1841.
An ACT to authorize the county commissioners clerk of Du Page to keep In force, Feb.
his office as at present located. 26, 1941.
Sec. l. Be it enacted by the People of the State of Illinois, Clerk author- represented in the General Assembly, That the clerk of the ized to keep count; commissioners court of Du Page county, be, and he is where it now hereby authorized and permitted to keep his office, as such is
clerk, at the place where said office is now kept, any law to the contrary notwithstanding; Provided, This act shall not be
so construed as to authorize the said clerk to make any charge This act
against said county for office rent; And provided further, this cease to have act shall continue in force until the first day of January effect after Ist one thousand eight hundred and forty-three. Jan. 1843.
Approved, February 26, 1841.
An ACT to prevent collectors from speculating on Auditor's warrants. In force, Feb.
19, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the collectors of the
Collectors to State revenue in the several counties in this State shall receive receive AudiAuditor's warrants in payment of any or all taxes due the tor's warrants State in their respective counties at par, and they shall not be at par. permitted to take, buy, share, or receive, directly or indirectly, by themselves or agent, any Auditor's warrant or warrants, at less than the full sum due thereon, to the holder of such warrant or warrants.
SEC. 2. For any violation of the provisions of the first section of this act, by any collector or collectors aforesaid, he or they shall be liable to double the amount so made by pur. violating this
Liability for chasing or sharing said warrants, at less than their face, in an act, action of debt, before any justice of the peace or court of record of the proper county. One half of all sums so collected to go to the person complaining, and the other half to go to, and form a part of the school fund of the county where such collector may reside.
Approved, February 19, 1841.
An ACT supplemental to an act, entitled "An act in relation to the Charles
lou Seminary and Jonesboro' college,” approved third of February, oile thousand eight hundred and furty.
In force, Feb.
17, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sixth section of 6th sec. of act an act in relation to the Charleston seminary and Jonesboro' repealed. college, approved the third of February, one thousand eight hundred and forty, is hereby repealed; Provided, That the Proviso, provisions of this act shall not be construed to extend to the Jonesboro' college.
Approved, February 17, 1841.
An ACT to incorporate the Fancy Farm College.
In force, Feb.
24, 1841. Sec. i. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Alexander McCreary, Henry Yost, Sion H. Mitchell, Richard Cantrill, William Jones, William Mitchell, and John Roberts, and their successors in office, be, and they are hereby created a body politic and corporate, to be styled and known by the name of the Name “Fancy Farm College,” and by that name and style to remain style of body and have perpetual succession.
corporate. Sec. 2. T'he said college shall be located at the residence Location of of Alexander McCreary, or within two miles thereof, in the college. county of Franklin.