11, 1869.

AN ACT to amend an act entitled "An act for the sale of swamp lands," In force March approved February 14th, A. D. 1859, and to restrain St. Clair county from selling certain lands, and for other purposes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That nothing in the first section of the act to which this is an amendment contained shall authorize the county court of St. Clair county to sell, grant, convey or dispose of any land or lands lying outside of the lines of the United States survey situate in said county, but the county court of said county is hereby authorized to lease all or any lands so situate, for such time or times as the court of said county may deem right and proper: Provided, that no lease shall be made for a longer term than ninety-nine years: Provided, further, that nothing herein contained shall render void any conveyance of such land heretofore made by said county, but such conveyances are hereby expressly confirmed: Provided, also, that nothing herein contained shall apply or extend to any land or lands within the limits of the city of East St. Louis in said county.

§ 2. In all judicial proceedings, the certificate of the county surveyor of Saint Clair county, that the lands in controversy are outside of the lines of the United States survey, shall be prima facie evidence that the county is entitled to the possession of the same.

3. This act to be in force from and after its passage. APPROVED March 11, 1869.

AN ACT to provide for the sale of a tract of land belonging to the state of In force March Illinois, and situated in Fayette county.

2, 1869.

WHEREAS, it appears from the records in the office of the Preamble. state auditor that the southwest quarter (S. W. 1) of southeast quarter (S. E. 1) of section number fifteen (15), in township number five (5) north, of range one east of the third principal meridian, containing forty acres, and situated in the county of Fayette and state of Illinois, remains unsold and belongs to the state of Illinois, and that, by mistake, it never had been sold under the act of February 14, 1853, or under any other act of the legislature, but is still the property of the state, and is not claimed by any person whatever; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public accounts be and he is hereby authorized

Sale of land.

and directed to offer said tract of land, in the preamble above mentioned, for sale at public vendue, at the south door of the court house in the town of Vandalia, in Fayette county, to the highest bidder, for cash, after having given notice of the time, place and terms of sale, by publication in a newspaper in said county of Fayette, for at least six weeks. The auditor can appoint some person to act in his name and for him in making such sale; and upon such sale being made, the auditor is hereby authorized and To keep record. directed to keep a correct and complete record of such sale, in compliance with the requirements and provisions of the act providing for the sale of state lands, etc., approved February 14, 1853, to which said act this shall be taken as an amendment, except in reference to appraisement, which shall not be necessary in the tract herein mentioned.

Fees to auditor.

§ 2. The auditor shall receive from the proceeds of said sale, ten per cent. thereof for his commissions, and he shall, in all respects, comply with the provisions of the act in reference to sale of state lands, approved February 14, 1853.

after its

3. This act shall take effect and be in force from and passage. APPROVED March 2, 1869.

Iu force March AN ACT authorizing the auditor of state to convey certain land therein

21, 1869.

mentioned.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of state is hereby authorized and required to, by deed of conveyance duly made and acknowledged, convey to Benjamin T. Wood whatever interest the state of Illinois has in and to the following described real estate, to-wit: The southwest quarter of the southwest quarter of section three (3), in township two (2) south, range four (4) cast of the third principal meridian, in Jefferson county, Illinois.

2. This act shall be deemed and taken as a public act, and take effect from and after its passage.

APPROVED March 31, 1869.

AN ACT providing for the sale of lands received by the state in satisfac- In force March tion of judgments, etc. 25, 1869.

Auditor to re

port certain real

estate to sheriff

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public accounts shall, with the approval of the governor, on or before the first day of May, A. D. 1869, report to the sheriff of each county in this state a full and for sale. correct description of all real estate to which the state has become entitled, by purchase or execution in favor of the state, or which the state may have received in satisfaction of any judgment or execution in favor of the state, and which, in the opinion of the governor and auditor, ought to be sold.

§ 2. It shall be the duty of each sheriff, to whom any Sheriff to sell. such report shall be made, to immediately proceed to sell said lands at public sale, after having given the same notice as is now by law required upon the sale of land under and by virtue of an execution, and said lands shall be sold for cash to the highest bidder.

Auditor's

report-sheriff"s

§ 3. As soon as the said lands are sold, the sheriff shall report the same to the auditor of public accounts, and the deeds-fees. names of the purchasers of said lands, and thereupon the said auditor shall make deeds, conveying such title as the state may have, and send the same to the said sheriff, who, upon the receipt of the purchase price, shall deliver the same to the purchaser of said land; and the said sheriff shall remit all moneys so received to the auditor, after deducting all legal costs; and the said auditor and sheriff are hereby allowed, for such services as they may render under this act, the same fees to which they, by law, now are entitled for similar services.

4. This act shall be deemed a public act, and in force from and after its passage; and all laws and parts of laws inconsistent with this act are hereby repealed. APPROVED March 25, 1869.

16, 1869.

AN ACT in relation to a portion of the submerged lands and lake park In force April grounds lying on and adjacent to the shore of Lake Michigan, on the eastern frontage of the city of Chicago.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all right, title and interest of the state of Illinois in and to so much of fractional section fifteen (15), township thirty-nine

Released

to

eity of Chicago.

Width

avenue.

Proceeds

tute a fund.

bution.

(39), range fourteen (14) east of the third (3d) principal meridian, in the city of Chicago, county of Cook and State of Illinois, as is situated east of Michigan avenue, and north of Park Row and south of the south line of Monroe street and west of a line running parallel with and four hundred feet east of the west line of said Michigan avenue-being a strip of land four hundred feet in width, including said avenue, along the shore of lake Michigan, and partially submerged by the waters of said lake-are hereby granted, in fee, to the said city of Chicago, with full power and authority to sell and convey all of said tract east of said of avenue, leaving said avenue ninety (90) feet in width, in such manner and upon such terms as the common council of said city may, by ordinance, provide: Provided, that no sale or conveyance of said property or any part thereof, shall be valid unless the same be approved by a vote of not less than three-fourths of all the aldermen elect.

of § 2. The proceeds of the sale of any and all of said sale to consti- lands shall be set aside, and shall constitute a fund, to be designated as the "Park Fund" of the said city of Chicago, Fond distri- and said fund shall be equitably distributed by the common council between the south division, the west division and the north division of the said city, upon the basis of the assessed value of the taxable real estate of each of said divisions, and shall be applied to the purchase and improvement, in each of said divisions or in the vicinity thereof, of a public park or parks, and for no other purpose whatsoever. 33. The right of the Illinois Central Railroad Company, under the grant from the state in its charter, which said grant constitutes a part of the consideration for which the said company pays to the state at least seven per cent. of its gross earnings, and under and by virtue of its appropriation, occupancy, use and control, and the riparian ownership incident to such grant, appropriation, occupancy, use and control in and to the lands submerged or otherwise lying east of the said line running parallel with and four hundred feet east of the west line of Michigan avenue, in fractional sections ten (10) and fifteen (15), township and range as aforesaid, is hereby confirmed, and all the right and title of the state of Illinois, in and to the submerged lands constituting the bed of Lake Michigan and lying east of the tracks and breakwater of the Illinois Central Railroad Company, for the distance of one mile, and between the south line of the south pier extended eastwardly, and a line extended eastward from the south line of lot twenty-one, south of and near to the round house and machine shops of said company, in the south division of the said city of Chicago, are hereby granted, in fee, to the said Illinois Central Railroad Company, its successors and assigns: Provided, however, that the fee to said lands shall

be held by said company in perpetuity and that the said company shall not have power to grant, sell or convey the fee to the same, and that all gross receipts from use, profits, leases or otherwise of said lands or the improvements thereon, or that may hereafter be made thereon, shall form a part of the gross proceeds, receipts and income of the said Illinois Central Railroad Company upon which said company shall forever pay into the state treasury, semiannually, the per centum provided for in its charter, in accordance with the requirements of said charter: And, provided, also, that nothing herein contained shall autho rize obstructions to the Chicago harbor, or impair the public right of navigation, nor shall this act be construed to exempt the Illinois Central Railroad Company, its lessees or assigns, from any act of the general assembly which may be hereafter passed regulating the rates of wharfage and dockage to be charged in said harbor: And, provided, further, that any of the lands hereby granted to the Illinois Central Railroad Company, and the improvements now or which may hereafter be on the same, which shall hereafter be leased by said Illinois Central Railroad Company to any person or corporation, or which may hereafter be occupied by any person or corporation other than said Illinois Central Railroad Company, shall not, during the continu. ance of such leasehold estate or of such occupancy, be exempt from municipal or other taxation.

$ 4. All the right and title of the state of Illinois in and to the lands, submerged or otherwise, lying north of the south line of Monroe street, and south of the south line of Randolph street, and between the east line of Michigan avenue and the track and roadway of the Illinois Central Railroad Company, and constituting parts of fractional sections ten (10) and fifteen (15), in said township thirty-nine (39), as aforesaid, are hereby granted, in fee, to the Illinois Central Railroad Company, the Chicago, Burlington and Quincy Railroad Company, and the Michigan Central Railroad Company, their successors and assigns, for the erection thereon of a passenger depot and for such other purposes as the business of said companies may require: Provided, that upon all gross receipts of the Illinois Central Railroad Company, from leases of its interest in said grounds or improvements thereon, or other uses of the same, the per centum provided for in the charter of said company shall forever be paid, in conformity with the requirements of

said charter.

5. In consideration of the grant to the said Illinois. Central, Chicago, Burlington and Quincy, and Michigan Central railroad companies of the land as aforesaid, said companies are hereby required to pay to said city of Chicago, the sum of eight hundred thousand dollars, to be paid