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AN ACT to amend an act entitled "an act regulating mills and millers,” In force, approved February 7th, 1827.
Mar. 3, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois, Penalties may represented in the General Assembly, That the penalties under be sued for the provisions of an act entitled "an act regulating mills and millers," approved February ninth, one thousand eight hundred and twenty-seven, may be sued for and recovered before any justice of the peace of the county where such penalties are incurred. This act to take effect and be in force from and after its passage.
APPROVED, March 3d, 1843.
AN ACT to change the names of Lavina Jolift and Hannah Clark.
Jan. 24, 1843. Sec. 1. Be it enacted by the People of the State of Illinois,
Name of Larepresented in the General Assembly, That the name of Lavina
vina Joliff Joliff be and the same is hereby changed to that of Lavina changed to Phelps, and in and through that name she may contract and Lavina be contracted with, sue and be sued, plead and be impleaded,
Phelps and appear in all the courts of law and equity in this State.
Name of lanBe it further enacted, That the name of Hannah Clark, of nah Clark the county of Hancock, be and the same is hereby changed to changed to
Hannah Bethat of Hannah Bedell, and by that name she may contract
dell and be contracted with, plead and be impleaded, sue and be sued, and appear in all the courts of law and equity in this State.
APPROVED, January 24th, 1843.
AN AOT to change the name of Lucy Robinson.,'
Feb. 3, 1843. Sec. 1. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That whereas, Paul Sul- Name of Lalivan has adopted Lucy Robinson as his daughter, in her early cy Robinson infancy, the name of the said Lucy Robinson be and is hereby changed to changed to that of Lucy Sullivan, by which latter name she Lucy Sullivan shall hereafter be called and known.
Sec. 2. This act to be in force from and after its passage.
AN ACT to change the name of the person therein named,
Mar. 1, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the name of Elvira Name of El
vira Pease Pease, of the county of Schuyler, be and the same is hereby changed to changed to that of Élvira Horney, and by the name of Elvira Elvira Horney
Horney shall sue and besued, plead and be impleaded, defend and be defended, in all courts of law and cquity, and in all other places and by the name of Elvira Horney, make all contracts of whatsoever character, name, or description; Provided, that nothing herein contained shall affect any right, legal or equitable, which she might have or acquire in the name of Elvira Pease.
APPROVED, March 1st, 1813.
In force, AN ACT to establish the name of William Carroll Mitchell, and others. Mar. 3, 1843.
WHEREAS, William Carroll Mitchell was known by the name Preamble
of William Carroll Asky before he came to the years of maturity, but since he has come to the years of maturity he has transacted all of his business in the name of William Carrol Mitchell; therefore,
Sec. 1. Be it enacted by the People of the State of Illinois, Name of Wm. Carroll Asky,
represented in the General Assembly, That he shall be known changed to by the name of William Carroll Mitchell, and by that name Win. Carroll he is hereby declared able and capable in law to purchase, Mi:chell,
hold, grant and convey real and personal property, and to sue and be sued, and to do all other acts as fully and effectually as though he had never been known by the name of Williain Carroll Asky. This act shall not be so construed as to affect any business transacted in the name of William Carroll Asky,
Name of Pat- Sec. 2. That Patterson McLean and Jonathan McLean, terson and
two orphan children, and adopted by Thomas P. Clark, shall Jonathan McLean changed
hereafter be known and called by the name of Patterson to Patterson, McLean Clark and Jonathan McLean Clark, and by those and Jonathan names may severally purchase and hold real estate and perMcLean Clark sonal property, and do and perform all other acts as fully as
if their names had not been changed. This act to take effect from and after its passage.
APPROVED, March 3d, 1843.
AN ACT to provide for the regulation of the penitentiary. Mar. 4, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois, Auditor to represented in the General Assembly, That the Auditor of Pubpay Dorsey & lic Accounts be and he is hereby authorized and required Greathouse $555 00
to draw his warrant on the Treasury in favor of Dorsey and Greathouse for the sum of five hundred and fifty-five dollars and sixty-seven cents, in full for receiving and distributing arms received from the United States, and for labor done, and materials furnished, in building shops within the penitentiary yard, all of which is fully set forth in the report of the
inspectors of the penitentiary, of the fifth December, one thousand eight hundred and forty-two, in bills numbered two and three in said report.
SEC. 2. The inspectors of the penitentiary are hereby Inspectors of authorized to dispose of the depreciated bank paper in their penitentiary hands at its current value; Provided, however, they shall not dis- of depreciapose of the same at a greater discount than fifty per cent.
APPROVED, March 4th, 1843.
AN ACT in relation to the penitentiary.
Mar. 2, 1843. Sec. l. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all persons senten- Convicts to he ced to hard labor or solitary imprisonment and hard labor, shall imprisoned in
the penitenbe imprisoned, restrained, and employed in and within the
tiary precincts of the penitentiary, located at the city of Alton, in the county of Madison; and the court before whom any such conviction may be had, are hereby authorised and empowered by their order on the sheriff of the county where such conviction is had, to cause all such convicts, as soon as conveniently may be after sentence, to be removed from the jail of such county, to the said penitentiary;and the sheriff of the county in which such conviction may be had is hereby authorised and required, by himself or his deputies, to remove such convicts to the pentitentiary accordingly, and deliver such convict into the custody of the warden, or other officer, who may have charge of said penitentiary; and the said sheriff
, or his Sheriffs to con deputies, shall have all the power of sheriffs and deputies in to penitentirall counties in this State, which they may enter into or pass ry through for the purpose of conveying such convicts to the penitentiary aforesaid; and it shall be the duty of the clerk of Duty of clerk the court before whom such conviction may be had to make out and deliver to the sheriff of the county a copy of şaid conviction and judgment and order thereon; and the said sheriff or deputy shall have an attested copy thereof, with a copy of his return thereon with the warden or other officer having the charge or custody of said penitentiary, and the sherifi shall make due return to the court of their said order. Sec, 2. That it shall be the duty of the sheriff of the coun
Sheriff ty where the conviction was had, to employ a sufficient force employ force to guard all convicts to the penitentiary, and the sheriff shall be responsible for the safe delivery of such convicts. A fail. And he inure to deliver the same shall be a breach of duty in the official dicted for it conduct of such sheriff, for which he may be indicted in any county, as in other cases of rnal-conduct in office. The said
His compensheriff shall be allowed thirty cents for cach mile necessarily sation travelled in going to the penitentiary with each convict when taken separately, but when more than one convict shall be sentenced tu the penitentiary at the same term of the court,
twenty-five cents per mile shall be allowed for the second, and the same compensation for any greater number of convicts sentenced at the same term of the court, to be paid out of the the State treasury, or the warrant of the Auditor, which shal] be issued in favor of such sheriff, on the presentation of the warden's certificate that such convict or convicts had been delivered into his custody by such sheriff, and which shall be in full compensation for all charges and experses of himself and guards, in conveying such convict or convicts to the peni
lentiary. Duties of the Sec. 3. That it shall be the duty of the warden or officer warden
having charge or custody of said penitentiary to receive such persons as may be convicted, sentenced, and ordered to be imprisoned in suid penitentiary, and them safely keep at hard labor, or solitary confinement and hard labor, within the precincts of said penitentiary, pursuant to their sentence, until their time shall fully expire, or they be otherwise discharged by by due course of law. The said warden or officer having charge
or custody of said penitentiary and the convicts therein confined Convicts no: shall not, under any circumstances whatever, permit, or suffer to leave the any convict to leave the prison or yard connected there with pricem in yard for any purpose whatever, excepting in working in the stone except cerquarry belonging to the State and connected with
said prison, at such times as addition may be making to the prison buildings or walls connected therewith; and in assisting in the conveyance of articles manufactured in the prison to the landing in front of the penitentiary, and in the unloading of boats of such articles and materials as may be intended for the use of
the penitentiary, and in the conveyance of any such articles Proviso
to the same; Provided, however, that in case of any accident happening to the prison, or the walls thereof, the inspectors may permit and direct the removal of the convicts confined therein, or any part of the same, to any other place of security
for such length of time as they may deem necessary, or until And in the such repairs shall be made to said prison; and in the event of event of con-any contagious disease breaking out among the convicts in tagious dis- said prison, the inspectors may, if they deem it necessary, or.
der and direct that such diseased convict or convicts he removed to some safe and secure place, where they shall receive such medical treatment and nursing as their circumstances may require; and as soon as their health will permit, and the safety and health of the other convicts will not be endanger. ed thereby, said convicts shall be returned to their continemcnt in said prison, to serve out their time pursuant to their
sentence. Penalty for Sec. 4. That if at any time the warden or officer having violation of charge of said penitentiary, and the convicts confined therein
shall violate any of the provisions of the foregoing section of this act, such officer shall, on conviction, be fined in a sum not Jess than five nor more than eight hundred dollars for cach and every violation, and the judge of the sccond judicial circuit
tion of any
shall give this act in charge to the grand jury, at every term of the circuit court of Madison county.
Sec. 5. That if at any time the lease of the present or any Duty of ir. future lessee'or lessees of the penitentiary shall be abandoned, spectors on surrendered, or become forfeited on account of the violation the expiraof any of the provisions of this act, or from any other cause, or lease if the time shall have expired for which said lease was made, then in that event the inspectors of said penitentiary shall lease the same for a term not exceeding six years, under such restrictions and requirements as is provided for in the act in relation to the penitentiary, approved March 22, 1839. Notice of the time and place of such letting shall be published for four weeks in the paper printed by the public printer, and in one of the papers printed in the city of Alton, and city of St. Louis, Mo., which shall have the greatest circulation.
SEC. 6. That the bonus or amount for which the peniten- Funds deritiary has been or may hereafter be leased, shall be expended ved from leaunder the direction of the inspectors, in the erection of addi- ses how ex
pended tional cells and other improvements to said penitentiary. All such additional cells and other improvements shall be constructed in the most economical manner, and on such plans as the inspectors may deem best suited to the wants of the prison, having a due regard to the limited resources at their command; and the said inspectors are hereby authorised and empowered to take and use any railroadiron ortimber belonging to the State, now at the city of Alton, or in its vicinity, that may be useful in the construction of cells, making of doors, grates, or such other improvements as may be by them considered necessary and useful. And to enable the inspectors to provide for the safe keeping of the convicts in the present emergency, the sum of five thousand dollars is hereby appropriated, Appropriato be expended by said inspectors in the erection of cells and
spectors making such other improvements as cannot well be dispensed with; and the Auditor of Public Accounts is hereby authorised to draw his warrant in favor of said inspectors on the treasury for that sum, when applied for by them.
Sec. 7. That the using of the lash in the infliction of pun- Corporal punishment upon convicts is hereby expressly forbidden, (unless ishment not sanctioned and ordered by the inspectors, and it shall be their to be inficted
unless sancduty to examine into all disorderly conduct of the convicts, tinned by inwhen requested by the warden, and when it shall appear that spectors any convict has been disorderly, refractory, or disobedient, they may order such corporeal punishment as they may deem necessary to enforce obedience, not inconsistent with humanity.
Sec. 8. The act entitled "an act to amend an act entitled Certain acts an act relative to criminal jurisprudence," approved January repealed 26th, 1827; and to provide for the regulation and government of the penitentiary, approved February 15th 1831; also 6an act to regulate the compensation of sheriffs for conveying con
tion to in