clerks of elec

tion to certify the same to

Judges and county of Marshall, the said judges and clerks of election Ishall certify the same under their hands to the county commissioners' courts of the counties of Marshall and La Salle the co. com'rs respectively, and to the Secretary of State, within thirty days Salle & Mar. after the day of said election.

courts of La

shall

APPROVED, March 1st, 1843.

In force, Mar. 2, 1843.

AN ACT to define the boundary lines of Menard county.

SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all that portion of Boundaries of territory lying in the county of Sangamon and north of the Menard co. following lines, viz: beginning at the middle of the south

ern boundary line of section twenty-four, (24) in township number seventeeen (17) north, of range seven, (7) west of the third (3d) principal meridian, thence east [to] the southeast corner of section twenty-one, (21) township seventeen, (17) north of range six, (6) thence north to the Sangamon river, thence down the Sangamon river to the northern boundary line of section ten, (10) same township and range, thence east to the south-east corner of section two, (2) township and range aforesaid, thence north one and a half miles to the middle of the western boundary line of section thirty-six (36) in township eighteen (18) range six (6) west, thence east one mile to the range line between five (5) and six, (6) thence north half a mile, thence east along the section line to the south-east corner of section thirty, (30) township eighteen (18) north, of range four (4) west, thence north to the south-east corner of Menard county, be and the same is hereby attached to the county of Menard."

SEC. 2. The collector of Sangamon county is hereby authorized to collect the taxes for the year 1842, in saïd district as though no change in the lines had taken place. This act to take effect from and after its passage. APPROVED, March 2d, 1843.

In force, Mar. 2, 1843.

AN ACT to establish Cumberland county.

SEC. 1. Be it enacted by the People of the State of Illinois, Cumberland represented in the General Assembly, That from and after co. organized the first day of May next, all that part of Coles county lying

south of a line beginning at the north-west corner of section thirty, in township eleven north, of range seven east, of the third principal meridian line, running thence east along the several section lines to the western boundary line of Clark county, shall form a new county to be called Cumberland county.

be held

SEC. 2. An election shall be held on the first Monday of Elections to April next, at the town of Greenup, and at the town of Woodbury, at the house of James Gill, at Beni White, Berry's mill, and Ruffners, at Long Point, for the election of a sheriff, coroner, county recorder, county surveyor, probate justice of the peace, clerk of the county commissioners' court, county treasurer, school commissioner and three county commissioners for the said county of Cumberland, at which said election any number of legal voters not less than fifteen who shall be present, may choose from among themselves a sufficient number How conductof persons to act as judges of said election, who, after being ed sworn, as also the clerks, shall proceed to open and hold said election according to the rules and regulations prescribed by law for conducting general elections in this State, at which said election all persons entitled by law, residing in the boundaries prescribed for Cumberland county, to vote for members of the General Assembly, shall be entitled to vote at said election.

clerks of elec

SEC. 3. After the said election shall be closed it shall be Duty of the the duty of the judges and clerks holding the same to affix to judges and each of the poll books a statement of the names of each per- tion son voted for and the office he was intended to fill, and the number of votes such person received, and certify the same; one of which said poll books they shall seal up under an envelope, directed to John Wolf, Judson Holley, and Alexander Magrew, and it shall be the duty of one of the said judges or clerks to deliver the same to the said persons on or before the third day after the close of the said election; and it shall be the duty of said Wolf, Holley, and Magrew, or any two of them, to meet at the town of Greenup on the third day after the close of said election, and if the polls of said election shall be delivered to them, or either of them, to proceed to open the said election returns, and after comparing the returns of said election they shall make out a written statement thereof and shall transmit a copy thereof, certified by them, to the Secretary of State, and it shall be the duty of the Secretary of State to make out commissions to such of the persons as shall appear to be elected, who are entitled by law to be commissioned by the Governor, and transmit the same to the persons so commissioned; Provided, however, that contested elections for any of the above named officers shall be determined according to the principles contained in the laws of this State concerning contested elections.

SEC. 4. The seat of justice for Cumberland county shall for the present be at the town of Greenup, and shall hereafter be permanently located in the following manner, to wit: at the general election, to be held on the first Monday in August next, a poll book shall be opened for the different points to be run for the county seat; Provided, however, that no place shall be voted for unless its proprietors or friends shall, at least twenty days previous to said election, execute a bond with

County seat

How located

sufficient security, designating the quantity of land patented by the General Government and free from legal incumbrances, setting forth the metes and bounds of said land, or the number and location of town lots, or the amount of money, work and labor, or materials to be used in erecting the county buildings which the proprietors or friends of any point may propose to give, which said bonds shall be subject to the approval of the county commissioners' court and be filed in their office; and at said election a column shall be opened for each point whose friends shall have executed bond as aforesaid, and all persons qualified at the time for holding said election to vote for a member of the General Assembly shall be entitled to vote for the location of said seat of justice, and the point, if any, receiving the majority of the legal votes cast at said election, shall be the permanent seat of justice for Cumberland county. When the votes of said election are compared by the proper officers, if it shall appear that neither one of the points voted for shall have received a majority of the whole votes cast, then it shall be the duty of the county commissioners' court to appoint a day within three months thereafter for holding another election, and shall publish written notices thereof in at least six of the most public places in the county, for one month, and a column shall be opened at each election precinct, for the two points having received the highest number of votes at the preceding election, and the point receiving the highest number of votes at said second election shall be the permanent seat of justice; and if changed from the town Election may of Greenup the offices shall be removed to said new seat of justice so soon as public buildings can be prepared therefor. If any person shall desire to contest the election in regard to the seat of justice, they shall, within twenty days thereafter, give notice that they will proceed before a justice of the peace of the county to take depositions that certain persons (naming them) who voted at said election were not qualified voters, or that fraud or unfairness (stating in what such fraud or unfairness consisted) was practised in said election; at which time and place all the testimony on both sides shall be written down, and the matter in controversy shall be decided by the county commissioners' court, subject to an appeal to the circuit court at any time within twenty days after the decision of the county commissioners court; Provided, that the notice in regard to a contested election as to the seat of justice shall be posted up in six of the most public places in the county. It shall be the duty of the county commissioners' court of Cumberland county to cause public buildings to be erected at the permanent seat of justice when located in the manner provided in this act, and for that purpose they are hereby authorzied to lay off any land that may be donated to, or acquired for the county, into town lots, and may sell and convey all or any part of such lands or town lots, so donated or acquired, and appropriate any money, work and labor, or materials

be contested

owned by or due to said county in the construction of county buildings as aforesaid.

SEC. 5. All justices of the peace and constables residing in Coles county, and in office on the first Monday of May next, shall continue in office and exercise all the duties required of them by law in Cumberland county until their successors shall be elected and qualified according to law, and shall be liable to the same penalties for omission of duty as if no change or division of Coles county had taken place under this act, and be entitled to the same emoluments for their services.

ators to be

SEC. 6. That at the next biennial election for representa- Representatives to the General Assembly, and until another apportion- tives and senment of representatives shall be made, the county of Cumber-elected land shall be entitled to elect one representative separate from Coles county, and Coles county shall separately be entitled to elect two representatives, and no more, and, until a new appor tionment of senators shall be made, the county of Cumberland shall vote with the counties of Coles and Clark for the election of a senator, and the clerk of the county commissioners' court of Cumberland shall attend at the clerk's office of Coles county to compare polls, at the same time now provided by law for the clerk of the county commissioners' court of Clark county to attend, and compare the votes for senator, and to join in making a certificate thereof to the person elected.

Term of office

SEC. 7. At the election to be held on the first Monday in August next, for county officers for Cumberland county, the Co. com'rs person receiving the highest vote for county commissioner Cumberland shall be entitled to hold his office three years; the person having the next highest, two years; and the next highest, one year, according to the provisions of the law concerning the election of county commissioners.

powers as

SEC. 8. The county of Cumberland, when organized ac- Cumberland cording to the provisions of this act, shall be deemed and con- to have the same rights & sidered, from and after the first day of May next, one of the counties of this State, and entitled to all the rights and powers other coungenerally conferred upon and allowed by the constitution and ties laws to other counties in this State, and to the officers thereof. SEC. 9. It shall be the duty of the Auditor of Public Ac Duty of the counts to make out and transmit to the county commissioners' Auditor court of Cumberland county, on or before the first day of June next, a list of all lands within the boundaries of Cumberland county, subject to taxation, for State and county purposes, and annually thereafter, as required by law; and the county commissioners' court of said county shall direct the assessment and collection of taxes in said county, for the year one thousand eight hundred and forty-three, according to the provisions of the revenue laws of this State, and direct the collection and appropriation thereof, as required by law in other

counties.

lected

SEC. 10. All taxes assessed and uncollected in Coles county Taxes asses- for the year one thousand eight hundred and forty-two, and sed how col- previous thereto, of persons residing in Cumberland county, after the first day of May next, and all judgments, executions, and fees due to officers in Coles county, against any person or persons residing in Cumberland county, may be collected and accounted for in the same manner as if no division of the county had taken place by virtue of this act.

Courts

Provision relative to school, college and seminary funds

SEC. 11. It shall be the duty of the county commissioners' court of Cumberland county, after the organization thereof, according to the provisions of this act, to certify the same to the judge or justice required to hold circuit courts in Coles county, and it shall be the duty of the said judge or justice to fix the time of holding circuit courts in Cumberland county until otherwise provided by law, and it shall be his duty to hold the said courts accordingly.

SEC. 12. It shall be the duty of the county commissioners' court of Coles county to ascertain from the State census taken in the year one thousand eight hundred and forty, as near as they can, the amount of school, college, and seminary funds which the inhabitants residing in the limits of Cumberland county were entitled to receive as a part of Coles county, for the year one thousand eight hundred and forty-two, and how much, if any, is due and unpaid to the township treasurers or to teachers, and also what would be the proportionable part of the school, seminary, and college funds for the year one thousand eight hundred and forty-three, and certify the same to the county commissioners' court of Cumberland county, and direct the school commissioner of Coles county to pay the same over to the school commissioner of Cumberland county, and also to deliver over all notes, money, bonds, mortgages, and papers, properly appertaining to school lands in the boundaries of Cumberland county, and it shall be the duty of the school commissioner of Cumberland county to receive, keep, collect, pay out, and account for the same according to law. SEC. 13. That Cumberland county is hereby attached to congressional and shall form part of the same congressional district in which Coles county may be placed.

Part of same

district with Coles

APPROVED, March 2d, 1843.

In force, Mar. 2, 1843.

Limits of Bond co. defined

AN ACT to extend the limits of Bond county.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that tract of country included within the following boundaries, to wit: beginat the north-east corner of township six north, of range five, west of the third principal meridian, and running west on the line between towns six and seven, to the north-west corner of section two, thence south on the sectional lines to the