Co. officers to

seat

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.

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 according 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 presiding 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.

Election may

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, Mar. 4, 1843.

Benton co.

AN ACT for the formation of the county of Benton, and for other purposes.

SEC. 1. Be it enacted by the People of the State of Illinois. Boundaries of represented in the General Assembly, That all that tract of country 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 cleven 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..

tached to

SEC. 2. That all that tract or part of the county of Mor- Portion of gan lying and being within the following boundaries and Morgan atlimits, 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 said 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.

gan

tional columns to be

gress in Mor

com❜rs clerk

SEC. 3. At the election to be held in the county of Mor- Two addifor members of Congress, on the first Monday in August next, the judges and clerks of election, at the several places of made in poll 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 bers of Concounty 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 judg mation of the said county of Benton, and attaching the said es & clerks territory to the county of Cass, and return the same with the poll 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 if 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.. missioners' 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

Shall trans

Duties of

tions in Greene co.

of com'rs

court of

Greene co.

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 clerks of election, at the several places of voting in said county, 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 to cl'k missioners' court of said Greene county, and the said clerk shall, at the time said poll books are opened, proceed to count the votes given for and against the formation of said county of Benton, and if it shall appear that a majority of all the votes Abstract of given in said county are in favor of the formation of said new 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 certified 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 contrary notwithstanding.

votes made

&c.

Election of justices and constables

Co. officers

ed

SEC. 4. There shall be an election held at the different places of voting for justices of the peace and constables in the limits of said county of Benton, the election shall be conducted 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 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 elected 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.

Term of office

Poll books to be returned to Scottville

SEC. 5. That within five days after said election, the judges 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

organized

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 the clerk of the said circuit court for said county.

time

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 Morgan, 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.

tion not to be

counties to

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 county 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.

Greene and

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 funds 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 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'r 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 territory 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.

School com'r

co. all mon

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. seat John W. Hewitt, of Greene county, William S. Hurst, of of Benton

Morgan county, and William Chinn, 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 apon private private property laid out into town lots, they shall ask and property laid 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.

out into town lots

SEC. 11. The county commissioners of said county, if said Com'rs 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 direction, to the erection of public buildings for said county.

Legal voters when and

where to vote

SEC. 12. Until the next apportionment of the representatives the legal voters residing within the boundaries of the county of Benton shall continue to vote for senators and representatives with the counties of Morgan, Macoupin and 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 counties of Morgan, Macoupin and Greene, respectively.

Returns of

made

to affect col

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 said division may be collected any time after the said division may be made in the same manner as if no division had taken place.

APPROVED, March 4th, 1843.