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ized to convey to the said county, for the purpose of carrying into effect the provisions of this act, any lot or lots of ground the title to which may be vested in said inhabitants of Beards
town. Co. officers to Sec. 7. Should any other place than the town of Virginia reside at co. become the seat of justice of the said county of Cass accord
ing to the provisions of this act, then it shall be the duty of the county officers of said county now required by law to reside at the county seat to remove to said place thus elected within three months from the time that the certificate of the preşiding judge acting under this act shall have been filed in the office of the clerk of the county commissioners' (court) of said county of Cass as required by the fourth section of this act: and all writs and processes that may be pending in the courts of said county at the time of the filing of said certificate, shall be taken and held to be returnable to the county seat thus selected.
Sec. 8. If any person or persons, freeholder or freeholders, be contested in any town or place that may be voted for as the county
seat of said county of Cass, shall desire to contest the validity of the election of any town or place to be the county seat of Cass county, he or they shall give notice of his or their intention in writing to two freeholders of the town or place when the said election will be contested, within twenty days from the day of said election, expressing the point upon which the same will be contested, and the contest shall be in all respects conducted and decided in accordance with the provisions of an act approved February the twenty-third, one thousand eight hundred and thirty-three, entitled "an act to amend an act entitled an act to regulate elections;" Provided, either party may appeal from the decision of the justices to the circuit court as in other cases, and the decision of the circuit court shall be final.
APPROVED, March 4th, 1843.
In force, AN ACT for the formation of the county of Benton, and for other Mar. 4, 1843
purposes. Sec. 1. Be it enacted by the People of the State of Illinois.
represented in the General Assembly, That all that tract of counBoundaries of Benton co.
try lying and being in the following boundaries, to wit; beginning at the south-east corner of township thirteen, north of range eight, west of the third principal meridian, thence north on the county line between Morgan and Sangamon counties, nine miles, thence west to the south-west corner of section eighteen, township fourteen north of range eight west, thence south one mile, to the south-west corner of section nineteen, in the township and range aforesaid, thence west three miles, thence south two miles, to the north-west corner of section three, township thirteen north, range nine west, thence west to the north-west corner of section six, township thirteen north, range nine west, thence south one mile, thence west eight miles, to the Scott county line, at the south-west corner of section two, township thirteen north, range eleven west, thence south to the south-west corner of section eleven, township eleven north, range eleven west, thence east two miles, thence south one mile, thence east two miles, thence south one mile, thence east to the south-east corner of section twenty-four, township eleven north, range nine west, thence north one mile, thence east three miles, thence north one mile, thence east to the south-east corner of section twelve, township eleven north, range eight west, thence north to the place of beginning, shall constitute and form a county to be, called the county of Benton. Sec. 2. That all that tract or part of the county of Mor- Portion of
Morgan at. gan lying and being within the following boundaries and
tached to limits, to wit: commencing at a point in the centre of the Cass co. main channel of the Illinois river, where a line running through the centre of townships seventeen north, intersects the same in range thirteen, west of the third principal meridian, thence down the centre of the main channel of said river to a point where the line dividing townships sixteen and seventeen north intersects the same, thence east with enid township line to the east side of the county of Morgan, thence north three miles, to the south-east corner of Cass county, thence west on a line running through the centre of township seventeen north, to the place of beginning, be and the same is hereby attached to the county of Cass.
Sec. 3. At the election to be held in the county of Mor- Two addigan for members of Congress, on the first Monday in August tional col. next, the judges and clerks of election, at the several places of made in pell voting in said county, shall rule two additional columns on books at electheir poll books, one for the formation of the county of Ben- tion for memton, and for attaching the territory above described to the
gress in Mo:county of Cass, and one against; and receive and cause gan co. to be recorded all the legal votes offered for or against the for. Duty of jądgmation of the said county of Benton, and attaching the said es & clerks territory to the county of Cass, and return the same with the po!l books to the clerk of the county commissioners' court of Duty of co: Morgan county; the said clerk shall proceed to count the votes of Morgan co. given for and against the formation of the county of Benton, and attaching the territory aforesaid to the county of Cass, and it it shall appear that a majority of all the votes given are in favor of the formation of the said county of Benton, and attaching the aforesaid territory to the county of Cass, he shall make out certificates under the seal of the 'county com
Shall transmissioners' court, and transinit one to the Secretary of State, mit certificate and one to each of the clerks of the county commissioners' to Secretary courts of the counties of Greene, Macoupin, and Cass, which of State certificate shall be evidence of the formation of the said county of Benton, and the attaching of the said territory to the
bers of Con
Duties of county of Cass. At the election to be held in the county of judges and clerks of elec
Greene, on the first Monday in August next, the judges and tions in clerks of election, at the several places of voting in said counGreene co. ty, shall rule two additional columns, in one of which shall be
entered the votes for, and in the other the votes against the
formation of the said county of Benton, and the said poll books Poll books re-shall be returned to the office of the clerk of the county comturned 10 clk missioners' court of said Greene county, and the said clerk of com'rs court of shall, at the time said poll books are opened, proceed to count Greene co. the votes given for and against the formation of said county
of Benton, and if it shall appcar that a majority of all the votes Abstract of given in said county are in favor of the formation of said new votes made
county, duplicate abstracts of the votes shall be made and certified by the clerk under the seal of the court, and one copy sent to the Secretary of State, and the other to the county commissioners? court of Macoupin county; but if it shall appear that there has been a majority of votes cast in Greene county against the formation of said new county, that fact shall be in like manner certificd by the clerk and transmitted to the Secretary of State, and to the clerks of the county commissioners' courts of Macoupin and Morgan counties, in which event this act and every part and parcel thereof shall be null and void and of none effect; any thing in this act to the con
trary notwithstanding. Election of SEC. 4. There shall be an election held at the different justices and constables
places of voting for justices of the peace and constables in the
limits of said county of Benton, the election shall be conductCo. officers ed by the judges of election who may have been appointed by qualified and the counties of Morgan, Greene, and Macoupin, and who shall commission- reside in the limits of the county of Benton, according to the ed
election laws of this State; at which election the legal voters of the county of Benton shall elect all county officers for the county, who shall be qualified and commissioned as similar
officers are in other counties of this State; said officers so electTerm of office
ed and qualified shall hold their offices until the next ensuing regular election for such officers as now provided by law, and shall have the same jurisdiction, and discharge all the duties in the limits of the county of Benton that are required by law of similar officers in this State; the said election to be held on
the first Monday in September next. Poll books to SEC. 5. That within five days after said election, the judges be returned to of election at the different places of voting shall return the
poll books of said election to the town of Scottsville, directed to three justices of the peace, in the limits of said county, and the said justices shall meet in the town of Scottsville within seven days after said election, and proceed to open said election returns, and to do and perform all the duties in relation to said returns that are required by law of the clerks of the county commissioners' courts.
Sec. 6. As soon as the county officers shall have been elected and qualified, as provided for in this act, the county
tion not to be
shall be considered organized, and the clerk of the county Notice to be commissioners' court shall give notice of the same to the judge given when of the first judicial circuit, who shall appoint a clerk of the circuit court for said county, and shall hold court in the said county at such place as may be designated by the county commissioners of said county, until the county seat of said
Place of holdcounty is located, as hereinafter provided for. The said coun-ing courts ty of Benton shall form a part of the first judicial circuit, until otherwise directed by law, and the judge of said circuit shall Judges to fix fix the time of holding said courts, and give notice thereof to time the clerk of the said circuit court for said county.
Sec. 7. Suits and indictments that have been commenced, Suits comor that may hereafter be commenced, in the circuit courts of menced in the counties of Morgan, Greene, or Macoupin, by any of the Greene and citizens living in the limits of the county of Benton before Macoupin bethe organization thereof, shall not be affected by this act, but fore organizaall such suits commenced shall be decided in the circuit court affected where they were commenced.
Sec. 8. All justices of the peace and constables, elected Justices and in the counties of Morgan, Greene, and Macoupin, who reside constables elin the limits of Benton county, shall hold their offices, and have ected in said jurisdiction in the said county of Benton, as though they had hold their ofbeen originally elected in the said county; and all justices of fice &c. the peace and constables elected in Morgan county, and who may reside in the territory to be attached to the couuty of Cass, as provided for in this act, shall hold their offices and
have jurisdiction in the county of Cass as though they had * been originally elected in said county. Sec. 9. The school funds belonging
to the several townships School com'r in the said county of Benton, and all notes, and mortgages, of Morgan, and other papers pertaining to the same, shall be paid and de
Macoupin to livered over to the school commissioner of the county of Ben-deliver fundo ton by the school commissioners of the counties of Morgan, &c. to com'r Greene, and Macoupin, so soon as the said county shall be of Benton co. organized, and the school commissioner elected and qualified according to law, together with all interests arising out of said money that has not been heretofore expended for school purposes in those parts of the counties of Morgan, Greene, and Macoupin, now included in the county of Benton, and the
School com'r school commissioner of Morgan county shall pay and deliver of Morgan to over to the school commissioner of Cass county, all moneys,
deliver to notes, mortgages, and other papers appertaining to the school com o of Cass fund belonging to the citizens residing in the territory pro- eys &c. posed to be attached to the county of Cass; Provided, said ter. ritory shall be so attached, together with all interest arising out of said money, that has not heretofore been expended for school purposes in that part of Morgan county proposed to be attached to Cass county. Sec. 10. For the purpose of locating the seat of justice
Com'rs to lofor the county of Benton, the following named persons, to wit: cate co. suat Jobn W. Hewitt, of Greene county, William S. Hurst, of of Benton
laid out into town lots
Morgan county, and William Chion, of Macoupin county,
are hereby appointed commissioners, who or a majority of When to meet them shall meet in the town of Scottsville, in said county, on
the second Monday in September next, or within twenty days To take oath thereafter, and after being duly sworn by some justice of the
peace of said county to the faithful performance of their duty, shall proceed to examine and locate the seat of justice of said
county at the most eligible and convenient point, having due If seat of jus-regard to the present and future interest of said county; and tice located if said commissioners shall locate said seat of justice upon upon private private property laid out into town lots, they shall ask and property
receive from the owner or owners of said property two thousand dollars to be applied by the county commissioners of
said county in the erecting of public buildings, and if they Not laid out shall locate the said seat of justice on private property not
laid out into town lots, they shall secure from the owner or owners thereof a good and sufficient title to the county of Benton for twenty acres of land upon which said county seat shall he so located.
Sec. 11. The county commissioners of said county, if said Comers to lay seat of justice should be located on private property not laid out town lots out into town lots, shall proceed to lay out said twenty acres
into town lots with a proper public square for public convenience, and after giving due notice proceed to sell said lots or such portion thereof as they may deem for the interest of said 'county, the proceeds of which shall be applied, under their di.
rection, to the erection of public buildings for said county. Legal voters Sec. 12. Until the next apportionment of the representa
tives the legal voters residing within the boundaries of the county of Benton shall continue to vote for senators and rep
resentatives with the counties of Morgan, Macoupin and Returns of
Greene, the same as if no division of said counties had taken election how place, and the returns of said election shall be made to the
clerks of the county commissioners' courts of said countics of Morgan, Macoupin and Greene, respectively,
Sec. 13. Nothing in this act contained shall prevent the
collection of the proportion of the indebtedness of the county This act not of Morgan which may be due and uncollected from and in that Lection of in- portion of the county of Morgan which may be divided off to debtedness of the county of Cass, and that which may be divided off to Morgan co. form a portion of the county of Benton, up to the time the
division may be made. Said proportions of indebtedness up to
be made in the same manner as if no division had taken place.
APPROVED, March 4th, 1843.
when and where to vote