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county seat

Proviso

SEC. 6. The county seat of Audubon county shall be and Location of the same is hereby permanently located at the town of Audubon, in said county: Provided, that the proprietors of the town of Audubon shall, within twelve months after its organization, erect a good and substantial court house and jail, and convey the same, together with a lot of land three hundred feet square, to the county commissioners of Audubon county, for the time being, for the use and benefit of said county, in fee simple, and also shall pay or cause to be paid to the counties of Montgomery, Fayette, and Shelby, the amount required by the fifth section of this act; and further, shall pay into the treasury of the county of Audubon, within two months after its organization, the sum of five hundred dollars.

Andubon at

SEC. 7. The county of Audubon shall be attached to the tached to se-, second judicial circuit, and courts shall be holden at such cond judicial times as the judge of said circuit shall appoint, or is required

circuit

by law.

Representa- SEC. 8. The citizens of the county of Audubon shall vote tion in the Ge- as they have hitherto done, with the counties of Montgomery, Favette, and Shelby, for members of the General Assem bly, until otherwise provided by law.

neral Assem

bly

APPROVED, February 6th, 1843.

In force, Feb. 8, 1843.

AN ACT create the county of Massac.

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 new county country within the following boundaries, to wit: beginning at the south-west corner of Johnson county, on the bank of the Ohio river, and running thence north with the range line dividing townships one and two east of the third principal meridian, to Cash river, thence up the centre of the main channel of said Cash river, to the township line dividing townships thirteen and fourteen, thence east along said line, to the county line dividing the counties of Pope and Johnson, thence southeast, so as to strike at the south-east corner of township fifteen south, six east, thence three miles south, thence east to the Ohio river, thence down the Ohio river to the place of beginning, shall constitute a new county, to be called the county of Massac.

Name

Election for

be held the

SEC. 2. An election shall be held in the several precincts co. officers to and parts of precincts within said county of Massac, on the first Monday first Monday of April next, by the qualified voters of said of April, 1843 county, for county officers, to wit: for one sheriff, one coroner,

one recorder, one county treasurer, one probate justice of the peace, one school commissioner, three county commissioners, one county surveyor, and one clerk of the county commissioners' court, who shall hold their offices until the next succeeding general election, and until their successors are elected and qualified. Said elections shall be conducted, and the re

election

turns thereof made to the clerk of the county commissioners' Manner of court of Johnson county, as in other cases, and said clerk shall conducting give certificates of election, and when said county officers shall be elected and qualified, the said county of Massac shall be duly organized. Said elections shall be held and conducted in each of said precincts, or parts of precincts, by the judges thereof, in such manner as other elections are conducted in this State, and it shall be the duty of the clerk of the county commissioners' courts of the counties of Johnson and Pope to issue all such notices for said election as are required by. Jaw for holding elections in this State.

Szc. 3. Said county of Massac shall be attached to and form County of a part of the third judicial circuit, and the judge of the third Massac to form part of judicial circuit shall appoint a clerk for the circuit court of third circuit said county, on being notified or informed that said county is and judge to organised, and shall hold court in said county as hereinafter appoint times for holding directed.

courts

Johnson and

SEC. 4. The citizens of said county of Massac shall be en-Suits institutitled, in all respects, to the same rights and privileges as are ted in the allowed in general to the citizens of other counties in this courts of State, and all suits commenced in the circuit courts of John- Pope to be deson and Pope counties, before the first day of April next, shall termined be determined in said courts the same as if this act had not there been passed.

school com'rs of Johnson & Pope counties

SEC. 5. The school commissioners of the counties of John- Duty of son and Pope shall pay and deliver over to the school commissioner of the county of Massac, all the school, college, and seminary funds belonging to the several townships in said county of Massac, and all notes and mortgages pertaining to the same, so soon as the said county shall be organized and the school commissioner be elected and qualified according to law, together with all the interest arising out of said money that has not been heretofore expended for schools within that part of Johnson and Pope counties hereby taken and constituted the county of Massac.

SEC. 6. The legal votes of said county of Massac shall, on Election for the said first Monday in April next, at the same time and county seat places of voting for officers of said county, vote for the place where the county seat of said county shall be located, on

which day, persons proposing to make donations for the sev- Donations for eral places proposed to be voted for, shall file with the judges county seat of elections of the several election precincts in said new county, their written propositions, which shall be for not less than four thousand dollars in value, and upon the person or persons offering the donation at the place receiving the greatest number of votes, making to the said county of Massac a good and sufficient conveyance for the donation. Such place shall be the permanent seat of justice for said county, and said donation shall be disposed of by the county commissioners of said county in such manner as they may think proper, reserving necessary public grounds, and the proceeds arising

Representa-
Assembly

taxes for 1842

from said donation shall be exclusively used for the erection of public buildings in said county.

SEC. 7. That, until otherwise provided by law, that portion of Massac county taken off Johnson, and that portion taken off Pope, shall continue to vote with the counties they were taken off of, for senator and representative to the General Assembly, in the same manner as though no division had taken place.

SEC. 8. The passage of this act shall in no wise alter or Assessment of affect the assessment of property, or the collection of taxes, not affected in the counties of Johnson and Pope, as the same are now orby this act ganized, for the year one thousand eight hundred and forty. two, but the county commissioners' courts of Johnson and Pope shall, immediately after the settlement of the collectors of their respective counties, order that portion of taxes collected from citizens residing in that portion of Massac county taken off their respective counties, after deducting a proportionate paid to the co. amount for the assessment and collection of the same, to be paid into the county treasury of Massac county.

Part of revenue of Johnson & Pope counties to be

of Massac

SEC. 9. The county commissioners shall prepare a place for Place of hol- holding courts in said county, until there shall be public buildings erected.

ding courts

East line of

county to be surveyed

SEC. 10. That for the purpose of ascertaining and establishing the east line of Massac county, as commencing as proposed at the line dividing Johnson and Pope counties to the Ohio river, shall be surveyed and marked by the county surveyor of Pope county, on or before the first Monday in April

next.

SEC. 11. It shall be the duty of the Secretary of State, as Copies of this soon as may be after the passage of this act, to transmit by to Pope and mail a certified copy thereof to the clerks of the county comJohnson missioners' courts of Pope and Johnson counties.

act to be sent

counties

APPROVED, February 8, 1843.

In force. AN ACT for the settlement of the Internal Improvement fund between the Feb. 8, 1843. counties of Clay and Richland.

Preamble

WHEREAS, by the fifteenth section of the internal improvement act, a certain sum of money was apportioned to be distributed to the several counties in this State through which no railroad or canal was authorized to be constructed; and whereas, the county of Clay received her proportion of said money, but since the passage of said act the county of Clay has been divided by legislative enactment, and a certain portion of her territory, together with a portion from Lawrence county, were attached together, constituting a new county by the name of Richland; and whereas, that portion of said Richland, that was formerly a part of Clay county, is justly and equitably entitled to a portion of said money that was unexpended at the time of The division of said Clay county; therefore,

settle with a

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county commis- Co. of Clay to sioners of Clay county shall settle with the agent, or person in gent holding whose possession said money was deposited, and that the said money beloncourt may have the power to compel said agent or person to ging to said make a final settlement thereof, and if any of said moneys, or Richland co. co. & pay to interest arising therefrom, remain in the possession of said its fair proagent or person, that the same shall be equitably divided be- portion theretween said counties of Clay and Richland, and paid over to the treasurer of said counties, to be used as a county fund, after first paying all the orders outstanding against said internal improvement fund.

APPROVED, February 8th, 1843.

of

AN ACT to create the county of Marquette, and for other purposes therein

mentioned.

In force,

Feb. 11, 1843.

SEC. 1. Be it enacted by the People of the State of Illinois, repre- Limits of co. sented in the General Assembly, That all that part of the now county of Adams lying east of range seven west, of the fourth principal meridian, and also, sections one, twelve, thirteen, twenty-four, twenty-five, and thirty-six, of township one south, of the base line, in the aforesaid range seven, be and the same is hereby created into a new county, to be called the county Name of Marquette.

be held on

SEC. 2. There shall be an election on the first Monday of Election for April next, at the different places of voting for justices of the co. officers to peace and constables, in the limits of the said county of Mar- first Monday quette; said election shall be conducted by the present judges of April, 1843 of election in said county, who have been appointed by the county of Adams according to the election laws of this State, at which election the legal voters of the said county of Marquette shall elect all county officers for said county excepting school commissioner, and one county commissioner and coroner, who shall be qualified and commissioned as similar officers

are in other counties of this State. Said officers, so elected Term of office and qualified, shall hold their offices until the next ensuing of co. officers general election for such offices now provided by law, and until their successors are legally qualified, and shall have the same jurisdiction, and discharge all the duties within the limits of the said county of Marquette, that are, or may be required by law of similar officers in other counties of this State; Provided, however, that the person receiving the highest Proviso number of votes at said election for county commissioner shall hold his office until the first Monday of August, in the year of our Lord, one thousand eight hundred and forty-five, and until his successor shall be elected and qualified; any. thing in this section contained to the contrary notwithstand

ing.

Returns of

made and

canvassed

SEC. 3. Within five days after said election the judges of election how the election, at their different places of holding the same, shall return the poll books thereof to the town of Columbus, in said county of Marquette, directed to Wesley D. McCann, an acting justice of the peace, within the limits of said county, who, together with any two other acting justices of the peace of said county, shall meet in the said town of Columbus, within seven days after said election, and proceed to open said election returns, and do and perform such other duties in relation to said returns as are now required of clerks of county commissioners' courts by law in relation to similar returns.

Notice of or

the co. to be

point a clerk

SEC. 4. As soon as the county officers shall have been ganization of elected and qualified, the said county of Marquette shall be given to judge considered organized, and the clerk of the county commisof fifth circuit sioners' court shall give notice thereof to the judge of the fifth who shall ap judicial circuit, who shall thereupon appoint a clerk for the of the circuit circuit court of said county, and shall hold courts in the said court & a county at the town of Columbus, until the county seat of said ing courts in county shall be located as hereinafter provided. Said county said county of Marquette shall constitute and form a part of the fifth judicial circuit until otherwise provided by law; and it shall be the duty of the judge of said circuit to hold two terms of said court in said county annually, at such times as he may order and appoint, or at such time as may be provided by law.

time for hold

Suits now

pending not affected by this act

Justices of the

ued in office

SEC. 5. All suits and prosecutions that have been commenced, or may hereafter be commenced in the circuit court of Adams county, before the organization of the said county of Marquette, shall not be affected by this act, but all suits and prosecutions so commenced as aforesaid, shall be prosecuted to final termination in the circuit court of the said county of Adams, and the officers of the said county of Adams are hereby authorized and required to issue and execute all writs that may be necessary to the prosecution of all such suits and prosecutions to final termination any where within the limits of said county of Marquette.

SEC. 6. All justices of the peace and constables, elected peace contin- in the county of Adams, and who reside in the limits of the county of Marquette, shall hold their offices and have jurisdiction in the said county of Marquette as though they had been originally elected in said county.

Certain co.

ams co. to

serve out

their term of

SEC. 7. Daniel Harrison, school commissioner, George officers of Ad-Smith, one of the county commissioners, and Jonas Grubb, coroner, of the present county of Adams, and who reside within the limits of the said county of Marquette, shall, after the office as offi- organization of the said county of Marquette, hold their respeccers of Mar- tive offices within and for the same, until their present terms quette of office expire, and it shall be the duty of the clerk of the county commissioners' court of said county of Marquette, as soon as the same shall be organized, to notify the clerk of the county commissioners' court of said county of Adams thereof, when each of the said offices within said county of Adams

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