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AN ACT to amend an act entitled “An act in relation to capital punish- In force March ment."

13, 1869.


Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases of felonies which, by existing laws, are punishable May with death, it shall be competent for the jury impanneled to imprisonforenlife return with their verdict of guilty, and as part of the same, either that the prisoner shall suffer death by hanging, as now provided by law, or that he be imprisoned in the penitentiary for the term of his natural lite, or for a term of not less than fourteen years, as they may decide; and no person shall be sentenced to death by any court unless the jury shall have so found in their verdict, upon trial : Provided, that the court in which any such cases are or may be pending may, upon a plea of guilty, sentence the prisoner Under plea of to be executed, or may sentence such prisoner to the peni- may rentence to tentiary in the same manner as might be done by the ver

imprisonment. dict of a jury.

$ 2. This act shall be a public act, and take effect from and after its passage; and all acts and parts of acts, conflicting with the provisions of this act, are hereby re pealed.

APPROVED March 13, 1869.


AN ACT to provide for the appointment of a board of commissioners of In force April public charities, and defining their duties and powers.

9, 1869.

Section 1. Be it enacted by the People of [the State of] Illinois, represented in the General Assembly, That within ten days after the passage of this act, the governor, by and Commissioners with the consent of the senate, shall appoint five persons,

- appointments to be called and known as “The Board of State Commis sioners of Public Charities." One of the persons so appointed, shall hold his office for one year, one for two years, one for three years, one for four years, and one for five years,

Oath of.



as indicated by the governor in making the appointments, and all appointments thereafter, except to fill vacancies, shall be for tive years. In case of any vacancy occasioned by the removal from the state by any such person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor, by any such person so appointed, the governor shall immediately fill such vacancy; and all appointments made by the governor when the senate is not in session, shall be valid, until the next session of the senate.

§ 2. Before entering upon their duties, the said commissioners shall, respectively, take and subscribe the constitutional oath required of other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. The said commissioners shall have power to elect a president out of

their pumber, and such other officers and agents as they By-laws. may deem proper, and to adopt such by-laws and regula

tions, for the transaction of their business, as they may consider expedient.

$ 3. The said commissioners shall have full power, at all times, to look into and examine the condition of the several institutions, which they may be authorized by this act to visit, financially, and otherwise; to inquire and examine into their methods of instruction, and the government and management of their inmates, the official conduct of trustees, directors, and other officers and employees of the same; the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management; and for these purposes they shall have free access to the grounds, buildings, and all books and papers relating to said institutions, and all persons now or hereafter connected with the same are hereby directed and required to give such information and afford such facilities for inspection as the said cominissioners may require.

§ 4. The said commissioners, or some one of them, are port upon charitable Institu- bereby authorized and required, at least twice in each year, tions. and as much oftener as they may deemn necessary, to visit

all the charitable and correctional institutions of the state, excepting prisons receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are accomplished; whether the laws in relation to them are fully complied with ; whether all parts of the state are equally benefited by said institutions, and the various other inatters referred to in the third section of this act; and report in writing to the governor, by the fifteenth of December, annually, the result of their investigations, together with such other information and

Visit and re

visit poor houses.

recommendations as they may deem proper; and the said board of public charities, or one of them, shall make any special investigation into alleged abuses in any of said institations, whenever the governor shall direct, and report the result of the same to the governor.

$ 5. The said commissioners, or one of them, shall also, Shall at least once each year, visit and examine into the condition of each of the city and county alms or poor houses, or other places where the insane may be confined, and shall possess all the powers relative thereto, as mentioned in the third section of this act; and shall report to the legislature, in writing, the result of their examination, in connection with the annoal report above mentioned.

$ 6. Whenever any charitable or correctional institu. State aid. tions, subject to the inspection herein provided for, require state aid for any purpose other than their usual expenses, the said commissioners, or some, or one of them, shall inqoire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount wbich will be required to accomplish the desired object, and into any other matters connected therewith ; and in the annual report of each year they shall give the result of such inquiries, together with their own opinions and conclusions relating to the whole subject.

$ 7. The said commissioners, or any one of them, are hereby authorized to administer oaths, and examine any person or persons in relation to any matters connected with the inquiries authorized by this act.

$ 8. The said board of commissioners shall have power, and they are hereby authorized to appoint a clerk, whó shall hold his office during their pleasure, with a salary not exceeding... ....dollars per annum, who shall, when required, act as an accountant, from time to time, as they may have occasion to investigate the financial or other affairs of any of the institutions affected by this act, or the accounts or official conduct of any of their officers; and when acting as such accountant he shall, in addition, be allowed his actual traveling expenses.

$ 9. The number of the board of trustees of the “Hos Boards pital for the Insane," the board of directors of the “Illinois ber of members Institution for the Education of the Deat and Dumb," the board of directors for the “Institution for Educating the Dlind," and the board of trustees of the “Soldiers Orphans' Home,” respectively, shall, immediately after the passage of this act, be, by the governor, reduced to three.

$ 10. The said commissioners, or some, or any one of To attend legthem, shall attend upon the session of the legislature when- required. ever any committee of either house shall require their attendance.

May administer oaths.


islature when

Blank books

§ 11. Said board of commissioners shall be furnished and stationery.

by the secretary of state with the necessary blank books,

blanks, and stationery. No compensa- $ 12. The said commissioners shall receive no compention allowed. Expenses.

sation for their time or services, but the actual expenses of each one of them, while engaged in the performance of the duties of their office; and any actual outlay for any actual aid and assistance required in examinations and investigations, on being made ont and verified by the affidavit of the commissioners making the charge, and approved by the governor, shall be paid quarterly by the treasurer, on the warrant of the auditor of public accounts, out of any mon. eys in the treasury not otherwise appropriated; and the

clerk of the board shall be paid ip like manner. Contracts.

§ 13. No member of the board of said commissioners shall be, directly or indirectly, interested in any contract for building, repairing or furnishing any of the institutions which by this act they are authorized to visit and inspect; nor shall any trustee or other officer of any of the institutione, embraced in this act, be eligible to the office of com. missioner hereby created.

$ 14. The governor is hereby authorized to remove any of the trustees and directors of any of the institutions named in the ninth section of this act, whenever, in his opinion, the interest of the state require such removal; and in case of remova!, he shall communicate to the legislature

the cause of such removal. Appointments.

§ 15. No two members of the aforesaid boards of trustees or directors of said institutions shall be residents of the same county, nor shall more than one trustee or director aforesaid reside in the county where said institutions shall be respectively located. The principal of the “ Institution for the education of the Deaf and Dumb," sball continue to be, ex officio, a member of the board of directors of that institution.

§ 16. All laws, or parts of laws, inconsistent with the provisions of this act, are hereby repealed.

$ 17. This act shall be in force from and after its passage.

APPROVED April 9, 1869.

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AN ACT to provide for the holding of Roman Catholic churches, cemeteries, In force March colleges and other property.

8, 1869.

SECTION 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That it shall be lawful for any Roman Catholic congregation, now or Incorporation, hereafter existing in the state of Illinois, to become incor- certificato. ported according to the provisions of this act. The Roman Catholic diocesan of any diocese in this state, together with vicar general thereof, and the pastor of such congregation for the time being, may select and appoint two lay memhers of said congregation to act with them in managing the temporal affairs of said congregation, and may, together with said laymen, sign a certificate, showing the name and title by which such congregation shall be known and distinguished as a body corporate, by virtue of this act; which certificate shall be acknowledged and proven by the signers thereof, in the same manner as conveyances of real estate, and shall be filed for record in the office of the recorder of deeds in the county in which the church or property of such congregation is situated ; and thereupon such congregation shall be a body corporate, by the name and title expressed in such certificate, and the said persons so signing the same, and their successors, shall be the trustees thereof, and shall have the management of the temporal affairs of said congregation.

$ 2. The trustees of every such congregation, after the same has become incorporated under this act, and their successors, shall have perpetual succession, with power to adopt a common seal, which may be altered and changed at pleasure, contract and be contracted with, sue and he sued, plead and be impleaded, by the corporate name of euch congregation, in all courts whatever; to receive, hold, dispose of and convey any kind of property; make and adopt by-laws for their government, not inconsistent with the provisions of this act; and shall alone have power to make all contracts needful in the management of the temporal affairs of such congregation; and only the property held for the use of such congregation shall be liable, by virtue of legal process, for the debts contracted for and on behalf of such congregation by said trustees.

§ 3. The said Roman Catholic diocesan, or any other person holding the title of property used or intended for religious, eleemosynary, educational and cemetery purposes, may convey the same to the congregation in which it is



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