Imagens das páginas
PDF
ePub
[ocr errors][ocr errors][ocr errors][subsumed][subsumed][subsumed][ocr errors]

ceiving and retaining a clear impression, together with his
signature in his own proper writing.

§3. Such acknowledgment or proof, so taken according
to the laws of this state, and certified to by any such com-
missioner, under his seal of office, annexed to, impressed
or indorsed on any of the instruments in writing, provided
for or mentioned in section one (1) of this act, shall have
the same force and effect, and be as good and effectual to
all intents and purposes in law, as if the same had been
made or taken before any officer authorized to take such
proof or acknowledgment, residing in this state; and any
instrument so authenticated shall be entitled to be recorded
in any county in this state.

Acknowledgment, effect of

4. Every commissioner shall have power to adminis- Powers of. ter any oath which may be lawfully required in this state, to any person willing to take it, and to take and certify depositions to be used in any of the courts of this state, in conformity to the laws thereof, either on interrogatories proposed under commission from a court of this state, or by consent of parties, or on legal notice given to the opposite party and all such acts shall be as good and valid in law as if done and certified according to law by any officer authorized to administer oaths or take depositions within or without this state.

5. That the governor of this state is hereby author- Their number. ized to name, appoint and commission, in addition to the number authorized by the first section of this act, one commissioner for every ten thousand inhabitants in the cities. of other states and territories, but no commission shall issue to any applicant unless he shall present to the governor a certificate, under seal of the mayor of the city, or the judge of a court of record of the city in which such applicant resides or desires to open an office, of the number of inhabitants of said city, and that said applicant is a proper person to receive such appointment.

6. That all laws heretofore passed authorizing the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other states and territories, and prescribing the duty and authority of such commissioners, are hereby repealed: Provided, such repeal shall not affect appointments heretofore made under such laws hereby repealed.

§ 7. It shall be the duty of the secretary of state of this state to prepare instructions and a set of forms, in conformity with the laws of this state in reference to the taking of acknowledgments of deeds and other instruments in writing, and in reference to taking depositions under the laws of this state, and when any person appointed a commissioner under this act shall have filed the oath, impression of seal and signature herein before provided, in the

Conflicting laws repealed.

Instructions.

Forfeiture

office of such secretary, the said secretary of state shall forthwith forward to such person a certificate stating that such person has complied with the law, and shall also forward to such person à copy of such instructions and set of forms, to be prepared as aforesaid, together with a copy of this act, for which said secretary shall be entitled to demand and receive the sum of five dollars of said party.

88. Any person appointed commissioner under this act, who shall not within six months after his appointment comply with the requirements hereof, and become a resident of or open an office in the city, county, state, territory or country for which he may be appointed, shall forfeit all rights conferred by such appointment, and the power and authority of such commissioner conferred by this act shall

cease.

§ 9. This act shall take effect and be in force from and after its passage.

APPROVED February 19, 1869.

In force April AN ACT to appoint commissioners to lay out and define the boundary line 16, 1869. between the counties of Rock Island and Whiteside.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Commissioners. county surveyor and drainage commissioner of Whiteside county, Illinois, and the county surveyor and drainage commissioner of Rock Island county, Illinois, with one other competent and suitable person as assistant, to be chosen by the parties above named, shall be and are hereby constituted commissioners for the purpose of locating and defining the boundary line between the counties of Whiteside and Rock Island, in said state of Illinois, in accordance with an act of the general assembly, approved February 15, 1831.

[blocks in formation]

$ 2. The said commissioners shall have power to survey, establish monuments, fix corners, and do all things necessary and proper to locate and define the boundary line aforesaid; and shall cause the plat or map of such line, with field notes, description and survey thereof, to be recorded in the county clerk's office of Whiteside and Rock Island counties, and in the office of the state auditor; the majority of said commissioners shall have power to fill vacancies, if any shall occur in their number, at the time agreed upon by them to commence the survey and location of the line aforesaid; the report of said commissioners, and the records made as above named, shall be final, and

the line between the counties thus established shall be and is hereby declared the true and lawful line.

§ 3. Be it further enacted, That all lands sold by Rock Land sold. Island county, which may be situated within the limits. established by the act of 1854, and which may come within the limits of Whiteside county by reason of defining and fixing the boundary line, as provided for in section two (2) of this act, the title to the same shall not be impaired or in anywise affected by virtue of this act; but the amount of purchase money received for the same shall be paid over to Whiteside county, and the proper authority is hereby required to pay over the same from the swamp land fund of Rock Island county; and, in like manner, all lands sold by Whiteside county, that may come within the limits of Rock Island county, as established by the said act of 1854, the title to such lands shall remain the same, so far as the act can affect the same, but the amount of purchase money shall be refunded to Rock Island county, in the form and manner aforesaid.

§ 4. All expenditures of money necessary and proper, Expenses. including reasonable compensation for said commissioners, shall be paid equally by Whiteside and Rock Island counties, such accounts to be audited by the board of supervisors of the respective counties, and orders drawn for the amounts in the usual form; the said commissioners are required to commence and complete the work herein contemplated as soon as may be practicable after the passage of this act.

This act shall be deemed a public law from and after its passage, all acts or parts of acts to the contrary notwithstanding.

APPROVED April 16, 1869.

CONSIGNORS.

AN ACT for the protection of consignors of fruit, grain, flour, etc., to be In force March

sold on commission.

4, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any Penalty when warehousemen, storage, forwarding or commission mer- commission chant, or his or their agents, clerks or employees, shall verts proceeds convert to their own use, the proceeds or profits arising own use.

merchant COD

from the sale of any fruits, grain, flour, beef, pork, or any other goods, wares or merchandise, otherwise than as instructed by the consignor of said goods, and shall, on the demand of the consignor, fail to deliver over the proceeds or profits of said goods, after deducting the usual per cent. on sales as commissions, shall be deemed guilty of a misdemeanor; and any person or persons who shall be found guilty of retaining or embezzling any money prohibited in this section, not exceeding in amount one hundred dollars, shall be punished by fine not more than five hundred dollars or imprisonment in the jail of the county not exceeding three months, or both, at the discretion of the court, and shall, moreover, be liable in double the amount of damages to the party injured; and any person or persons who shall be found guilty of retaining or embezzling a greater sum than one hundred dollars, shall be punished by fine not more than five hundred dollars, or imprisonment in the jail of the county not exceeding one year, or both, at the discretion of the court, and shall, moreover, be liable in double the amount of damages to the party injured.

2. This law to take effect from and after its passage. APPROVED March 4, 1869.

CONSTITUTION, AMENDMENT OF.

In force March AN ACT for submitting an amendment of the constitution of this state to 30, 1869. a vote of the electors at the next general election.

be submitted.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there Proposition to shall be submitted to the electors of this state, at the next general election for representatives to the general assembly of the state of Illinois, the following proposition, to-wit: The general assembly shall have no power to release the Illinois Central Railroad Company from its obligations to pay into the state treasury either the tax or the per centum of the gross receipts of the Illinois Central railroad and branches, as stipulated in its charter.

Voting.

§ 2. Each elector voting at said election shall inscribe on his ballot, if he desire the adoption of said amendment, the words "for the amendment," or if opposed to such amendment, the words "against the amendment;" and the judges of election shall count the votes thus given for and

against the proposed amendment, and certify the same to the clerks of the county courts in each county, in the same manner as in other cases of election returns.

[ocr errors]

3. It shall be the duty of the several county clerks in each of the counties of this state, on or before the seventh day after said election, to take the same steps for counting the said returns of votes, and making abstracts of the same, as in case of the returns of the election of state officers, and shall transmit the said abstracts, properly certified, as in case of votes given for state officers, to the secretary of state of this state; and it shall be the duty of the said secretary of state to count the said votes, and if the number for such amendment is more than half of all the votes cast at said election for members of the house of representatives of the general assembly of this state, the said secretary shall, immediately upon such counts, certify such fact, and publish the same in the official paper of the state, or if there should be no such official paper, then in such paper published in this state as he may select; and from the time of the ascertainment of such fact, as aforesaid, the said amendment shall become incorporated into and form part and parcel of the ninth article of the constitution of this state, and be binding and obligatory as such.

4.

This act shall take effect and be in force from and after its passage.

APPROVED March 30, 1869.

votes.

AN ACT to provide for calling a convention to revise, alter or amend the In force June constitution of the state of Illinois.

19, 1869.

number

of

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a convention to alter, amend or revise the constitution of the Convention, state of Illinois, is hereby called to meet at the state house, members, how in the city of Springfield, on the second Monday of De- chosen. cember, in the year of our Lord one thousand eight hundred and sixty-nine. Said convention shall consist of eighty-five members, who shall be chosen in the districts which are now entitled by law to elect members of the house of representatives of the present general assembly; and each representative district, as constituted by law at the time of the election of the members of the present general assembly, shall be entitled to elect as many members of said convention as it was entitled to elect to the house of representatives of the present general assembly; and said members of said convention shall be chosen in

« AnteriorContinuar »