to the county of Bond, under the general internal improvement Bonus grantlaw, passed February twenty-seventh, one thousand eight hun- ed to Bond dred and thirty-seven, and the act supplemental to an amenda-school fund tory thereof, be added to and form a school fund for said county.

co. added to

SEC. 2. It shall be the duty of the county commissioners' Co.com'rs to court of Bond county, within sixty days from and after the pay same to passage of this act, to pay over all of said bonus to the school school com'r commissioner of said county.

SEC. 3. The school commissioner is authorised to receive Said bonus good solvent notes, well secured, from the said county com- may be paid missioners of Bond county, in payment of said bonus.

in notes

quired

SEC. 4. The commissioners of Bond county shall, previous Com'r to give to the paying of said notes or money to said school commis. additional security if resioner, if necessary, demand additional security of said commissioner; said bonus when so paid, shall be and remain a permanent school fund, be loaned out as other school moneys, and the interest thereon paid out in the same manner as other school moneys are from the State. This act to take effect from and after its passage.

APPROVED, February 21st, 1843.

AN ACT provide for the distribution of the interest upon the school, college, and seminary fund to new counties.

In force, Feb. 28, 1843.

of new coun

SEC. 1. Be it enacted by the People of the State of Illinois, Clerks of co. represented in the General Assembly, That in all cases where com'rs courts a new county has been created since the taking of the census ties to certify in one thousand eight hundred and forty, and in all cases to Auditor the where a new county may hereafter be created, it shall be the number of votes given duty of the clerk of the county commissioners' court of such new county, and of each county from which any part of said new county was taken, to certify to the Auditor of Public Accounts, within one month after each annual election, the whole number of votes which shall have been polled in his county for county commissioner at such election.

for co. com'rs

SEC. 2. The Auditor of Public Accounts, at the next annual distribution of the interest upon the school, college and sem. inary fund, after such returns have been received, shall proceed as now required by law to apportion such interest among all the counties which were in existence at the time the census. was taken, and for which a census was returned, but in all cases where a county has been, or shall hereafter be divided since the census was last taken, the Auditor shall not pay Int. on school over to such divided county the portion of the interest fund bow disupon tributed the school, college and seminary fund set apart for such divided county according to the census, but shall sub-divide the same between such divided county and the new county formed out of a part thereof, equally, in proportion to the number of votes given by each of said counties for county commissioner at

When new

wo or more

counties

the preceding election, and shall pay over to the school commissioners of each of said counties the portions belonging to said counties respectively, as in other cases.

SEC. 3. Where a new county has been, since the taking of counties are the census in one thousand eight hundred and forty, or shall formed out of hereafter be formed out of parts of two or more counties, the Auditor shall set apart the interest upon the school, college, and seminary fund, allotted according to the cenзus, to the counties out of parts of which the new county was formed, and shall throw the portions so allotted to the counties out of which the new county was formed into an aggregate fund and proceed to apportion the same equally between the new county and all of the counties from which any part of such new county was taken according to the whole number of votes given by such counties respectively for county commissioner at the last preceding election, and shall pay over the portions set apart to said counties to their respective school commissioners as in other cases.

Proceedings in case new

counties are

SEC. 4. If any new county shall be organized and elections held therein, between the annual August election and the first day of January next ensuing, it shall be the duty of the county formed becommissioners' clerk of such county, within one month after tween the Ausuch election shall be held, to certify to the Auditor of Public gust election and 1st Janu- Accounts the whole number of votes given in said county at ary, 1844 such election for county commissioners, and the clerks of the county commissioners' courts of the counties out of parts of which such new county was formed, shall in like manner certify to the Auditor the whole number of votes given in their counties respectively for county commissioner at the preceding election, and the number of votes so certified by the clerks of the county commissioners' courts to the Auditor shall by him be made the basis of the distribution of the school, college, and seminary fund between such counties, as herein before provided.

Duty of the
Auditor

SEC. 5. It shall be the duty of the Auditor of Public Accounts to procure from the office of the Secretary of State the whole number of votes which were given at the last August election for representatives to the General Assembly, by any new county which has been created since the census was taken in one thousand eight hundred and forty, and by the county or counties out of which such new county was formed, and in making the distribution of the interest upon the school, college, and seminary fund which fell due on the first day of January, one thousand eight hundred and fortythree, the Auditor shall distribute to the new county and the counties out of which it was formed, as is herein before provided, according to the number of votes which such counties have respectively given for Representatives as aforesaid. APPROVED, February 28th, 1843.

AN ACT for the better security of State, county, and township funds.

In force,

Feb. 28, 1843.

Co. treasurers

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter the county to keep a treasurers of the several counties in this State, shall each of book in which them keep a book, in which they shall keep a regular, just, they shall keep an acand true account of all moneys and revenues received by them count of all respectively, stating therein particularly in what kind of funds moneys reeach particular sum was received, whether in gold, silver, ceived by county orders, or any other funds authorised to be received as revenue by the laws of this State. They shall also keep a And time of regular, just, and true account of the time when, of whom, receiving and on what account, each particular sum in money, or other same funds, may have been received by them.

them

Jar account of all moneys

SEC. 2. They shall also keep a regular, just, and true ac- Also particncount of all moneys and funds paid out by them agreeably to law, stating therein particularly on what account each par- paid out ticular sum was paid out, to whom paid, the particular kind of money or funds paid out to each individual, and the time when such payment was made. The books and accounts aforesaid to be free for the inspection of any individual who may wish to examine the same.

co. treasury except on an

SEC. 3. That no money, county orders, or other funds, shall No money to hereafter be paid out of any county treasury in this State, ex- be paid out of cept in accordance with an order or decree of the county commissioners' courts respectively, or by a virtue of a law order from co. specifically directing such payment to be made.

com'rs

com'rs court

SEC. 4. It shall be the duty of the treasurer of cach and Treasurer to every county to report to the county commissioners' court of report to co. their respective counties, at the regular terms of said courts, at its regular the amount of money, county orders, or other public funds, in meetings their possession; also, the amount of money, county orders, and other public funds received by them since their last report. They shall also state in said report, the amount they may have received from each and every source of revenue, by whom, on what account, in what kind of funds, and at what time the same may have been paid into the treasury. The said treasurer shall also report to the county commissioners' courts of their respective counties, at the regular terms of said courts, a regular, just, and true account of all payments out of the treasury, stating particularly at what time, on what account, in what kinds of funds, and to whom each particular sum was paid out.

fice of co.

SEC. 5. The clerks of the county commissioners' courts of Reports to be the several counties in this State respectively, shall number, filed in the offile, and carefully preserve the reports mentioned in the fourth clerk section of this act, and the said reports shall be free for the inspection of any individual who may wish to examine the

same.

SEC. 6. That hereafter no clerk of any county commissioners' court in this State shall receive any money claimed by

Co. clerks to receive moneys due the counties

be considered

or due to either of the counties of this State, from any source whatever, whether on account of revenue, costs, or fines, or from merchants, grocers, tavern-keepers, showmen, pedlars, or ferry licenses, or from any other source whatever. No claims of SEC. 7. No claim of any county, whether for revenue, costs, any co. shall or fines, or for merchants, grocers, tavern keepers, showmen, paid until the pedlars, or ferry licenses, or from any other source whatever, treasurer's re-shall be considered as having been paid and satisfied until the ceipt shall be money or other funds shall have been paid to the treasurer of taken therefor such county, and his duplicate receipts had therefor, which receipts shall specify the kind of money or other funds in which What receipt the payments shall have been made; one of which receipts shall shall contain be presented to the clerk of the county commissioners' court Receipt to be of the proper county, which said clerk shall number, file, and carefully preserve the same in his office, which aforesaid duplicate receipts, it shall be the duty of the treasurer to give to any person who shall pay into the county treasury any money or other funds as aforesaid.

filed with co.

clerk

Oath to be taken by co.

treasurer

Penalty for embezzling co. funds

day of

9

SEC. 8. That hereafter each county treasurer, previous to entering on the duties of his office, shall take and subscribe an following oath, to wit: "I, A. B., treasurer of the county of in the State of Illinois, do solemnly swear, (or affirm) that I will honestly and faithfully pay over to the proper officers and individuals authorised by law to receive the same, any and all current money, and other funds that may come into my possession by virtue of my office as treasurer of the county of and that I will not, directly nor indirectly, exchange, lend, or use any portion thereof, for the purpose of speculation, nor will I appropriate or apply any portion thereof to my own use or benefit, or for the use or benefit of another, and that I will faithfully, and impartially, and to the best of my skill and judgment, perform the duties required of me by law as treasurer of the county of. A. B. Sworn to and subscribed before me this 18-, before me, C. D., justice of the peace for county." SEC. 9. That if any State or county officer, school commissioner, or any other person charged by law with having the possession and the safe keeping of any public money, Auditor's warrants, county orders, or other funds, belonging to the State, or to any county in the State, or in any way pertaining to the school funds or any county or township therein, shall convert to his own use, in any way whatever, or shall use, by way of investment in any kind of property or merchan dise, or for his own use, shall loan, with or without interest, any portion of the public moneys, Auditor's warrants, county orders, or any other funds intrusted to him for safe keeping, disbursement, transfer, or for any other purpose, every such act shall be deemed and adjudged an embezzlement of so much of said moneys, Auditor's warrants, county orders, or other funds, as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be a felony. Any officer

of the State, or of any county, or of any township, and all persons advising or participating in such act, being convicted thereof before any court of this State of competent jurisdiction, shall in case the sum so embezzled, taken, converted, invested, used, or loaned, be less than fifty dollars, be fined in a sum not exceeding two hundred dollars, or imprisoned in the jail of the proper county not exceeding three months, or both, at the discretion of the court before which such conviction shall be had; and in case the sum so embezzled, taken, converted, invested, used, or loaned, shall exceed fifty dollars, then the said officer or other person so convicted, shall be fined in a sum double the amount of the sum so embezzled, taken, converted, invested, used, or loaned, and confined in the penitentiary not exceeding ten years, nor less than one year; Provided, however, that this act shall not be so construed as to extend to any public officer or agent who shall loan any school or other fund, in pursuance of any of the laws of this State.

SEC. 10. If any clerk, county commissioner, or treasurer Penalty for of any county in this State, shall neglect or refuse to perform refusing to any of the duties required of them by this act, they shall seve- of the duties perform any rally forfeit a sum of not less than fifty dollars, and not exceed- of this act ing one thousand dollars, according to the nature and aggravation of the offence, to be recovered by indictment in the circuit court of the proper county, or by action of debt by any person who shall sue therefor, one-half to the person suing, and the other half to the proper county.

ment of the

SEC. 11. The county commissioners' courts of this State Co. com'rs to shall publish annually, at their June terms, in a newspaper, if publish annuone is printed in the county, a full and perfect statement of ally a statethe financial affairs of their respective counties, and if a news- financial ufpaper is not published in said county, then the clerks of said fairs of their courts snall post the same up in their respective offices, and county shall be kept there for the inspection of all persons, at all times, they [who]may desire to examine he same.

SEC. 12. All acts coming within the purview of this act are hereby repealed.

APPROVED, February 28th, 1843.

AN ACT in relation to the school fund of Lawrence county.

In force,

Mar. 3, 1843.

CO. and trus

schools in

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the school commis-in Lawrence sioner of the county of Lawrence, and the trustees of schools in the several townships in Lawrence and Wabash counties, tees of shall be and they are hereby authorized to dispose of all de- Wabash co. preciated money which they may have on hand belonging to may dispose the school fund, upon such terms as in their judgment will be of depreciated most to the advantage of the school fund.

APPROVED, March 3d, 1843.

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