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"An act to regulate proceedings by attachment before Justices of the Peace;"

Was read a second time, and

On motion of Mr. Herndon,

Amended by striking out the word "fifty" in the first section, and inserting in lieu thereof "one hundred."

Whereupon,

On motion of Mr. Murray,

Said bill was referred to a select committee.

Ordered, That Messrs. Murray, Thomas and Parrish, be that committec.

The resolution introduced yesterday by

Mr. Servant, instructing the committee on the Judiciary, in relation to amending the law relating to judges of Probate; and the resolution offered on yesterday by

Mr. Stadden, instructing the committee on Finance, in relation to restricting the circulation of small bank notes; Were severally taken up and adopted.

The resolution offered by

Mr. Bond on yesterday, instructing the committee on Finance to enquire into the expediency of making the Judge of Probate a salaried oflicer,

Was taken up for consideration; and

On motion of Mr. Thomas,

And by consent of the mover, the resolution was amended by adding the following viz:

"And that they also enquire into the expediency of increas ing the salaries of the Circuit Judges."

Whereupon,

The resolution was adopted as amended.

MR. SPEAKER laid before the Senate the following communication from the Auditor of Public Accounts, viz:

AUDITOR'S OFFICE, ILLINOIS,
Vandalia, Jan. 9, 1836.

}

To the Honorable,

the SPEAKER of the Senate:

SIR:

In answer to the resolution of the Senate, requiring the Auditor to re, ort "whether or not upon the orders of the county commissioners' courts of Franklin and Jackson

counties, the sum of one thousand dollars is not subject to draft by warrant from his office, &c." I have the honor to state, that previous to the passage of the law requiring the Commissioner of sales of the Gallatin Saline, to pay into the State Treasury the proceeds of said sales, there had been realized from the sales of the first selection the sum of $18,222 8-100, an amount sufficient to cover the appropriation to Franklin and Jackson. This sum, however, was paid out by the Commissioner of Sales (who, under the then existing laws was required to pay the different appropriations) to other appropriations, and the payment of the amount due Franklin and Jackson thereby defeated. Of the above named sum of $18,222 8-100, there was none paid into the Treasury except the amount appropriated to building the Penitentiary, which was all drawn by the Inspectors.

Since the passage of the law of February 7, 1835, requiring the Commissioner of Sales to pay the proceeds of said sales into the State Treasury, there has been paid in, the sum of $2,183 29-100, of which $180 was realized from the sales of the first selection, and the balance from the sales of the second selection.

There is, therefore, now in the Treasury the sum of $480* which can be legitimately applied to the payment of the amount due Franklin and Jackson, and for which a warrant will be issued whenever applied for. The Auditor conceives however, that he cannot issue a warrant for the full amount due said counties, without a violation of duty, as by so doing he would take a portion of the sum realized from the sales of the second selection, which has been appropriated to other objects.

The following is an abstract from the report of sales which has been recently received from the present Commissioner:

Amt. sold by T. D. Hewitt, out of the first

60122993 98

selection since 1st March, 1835, acres 920-$480 00 Amt. sold by T. D. Hewitt, out of the second selection, since 1st March 1835, Amt. sold by T. D. Hewitt, of the reselection, under the act of 13th Feb. 1835,

5033

-2467 62

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Of the said proceeds there has been paid into the Treasury only the sum of $1728 50-100.

I have the honor to be sir,

Very respectfully,

Your obedient serv't.

LEVI DAVIS,

Auditor P. A.

Mr. Parrish moved that said communication be laid on the

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Said communication was referred to a select committee. Ordered, That Messrs. Hacker, Parrish and Gatewood, be that committee.

On motion,

The Senate adjourned until 2 o'clock P. M.

2 O'CLOCK, P. M.

The Senate met pursuant to adjournment.

Mr. Hackelton from the committee on Enrolled Bills reported, That on Saturday they delivered to the Secretary of State, (the Governor being absent) the memorial relative to the bottom lands on the Illinois river;

And the memorial and resolutions to Congress relative to Pensions.

Mr. Edwards on leave given, introduced a bill entitled, "An act to amend an act to incorporate the Alton and Wabash Rail Road Company;"

Which was read, and

Ordered to a second reading.

Mr. Thomas, from the select committee to which had been referred the bill entitled,

"An act to appoint Commissioners to locate a state road from William Crow's to Jacksonville;"

Reported the same back without amendment.
Whereupon, said bill was

Ordered to a third reading.

MR. SPEAKER laid before the Senate the following communication from the Governor, viz:

EXECUTIVE Department,
Vandalia, Jan. 10, 1837.

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To the Honorable,

the SPEAKER of the Senate:

SIR,

I have the honor to inform you that vacancies have occurred in the office of Judge of Probate in the counties of Champaign, Cook, Will and Kane.

I have the honor to be sir,

Your obedient servant,

JOSEPH DUNCAN.

On motion of Mr. Thomas,

Said communication was laid upon the table.

MR. SPEAKER also laid before the Senate the following communication from the Governor, viz:

To the Honorable,

SIR:

EXECUTIVE DEPARTMENT,
Vandalia, January 10, 1837.

the SPEAKER of the Senate:

I have the honor to inform the Senate, that a vacanсу has occurred in the office of Judge of the Fifth Judicial Circuit, by the resignation of the Honorable Richard M. Young.

Which was,

I have the honor to be sir,
With great respect,

Your obedient servant,
JOSEPH DUNCAN.

On motion of Mr. Hacker,

Laid on the table.

Mr. Hackelton, on leave given, introduced a bill entitled,

"An act to authorise the person therein named to construct a mill dam;"

Which was read, and

Ordered to a second reading.

The bill from the House of Representatives, entitled, "An act to locate and establish a state road from the State line of Indiana, to Catfish Point in the county of Edgar;" Was read, and

Ordered to a second reading.

On motion of Mr. Noel,

The rule of the Senate was dispensed with, and
Said bill was read a second time by its title; and
Referred to a select committee.

Ordered, That Messrs. Noel, Borough and Murray, be that committee.

The bills from the House of Representatives of the following titles, viz:

"An act for the relief of Polly Walters Administratrix, and John Ellis Administrator of Hiram Walters deceased;"

"An act permanently establishing the Appalonia District in Morgan County, and for other purposes;"

"An act to amend the act to license and regulate Taverns;" "An act for the relief of the minor heirs of James Marshall deceased;"

"An act concerning the town of Exeter in Morgan coun

ty;"

"An act to legalize the incorporation of Pekin;"

"An act to incorporate the Lacon Academy;"

Were severally read, and

Ordered to a second reading.

The bill from the House of Representatives, entitled, "An act allowing compensation to Judges and Clerks of elections in certain cases;"

Was read, and

Ordered to a second reading.

On motion of Mr. Hacker,

The rule of the Senate was dispensed with, and

Said bill now read a second time by its title, and

Referred to a select committee.

Ordered, That Messrs. Hacker, O'Rear and Maxwell, be that committee.

A message from the House of Representatives, by Mr. Prickett their clerk:

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