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one thousand eight hundred and forty-three, it shall be com-Contracts in petent for the defendant to file his affidavit stating that such debewal ofield

subject contract was made in renewal of a previously existing debt, to this aci which fact may be denied by any party to the contract by his affidavit, if he alleges the same to be untrue; and either party may produce such other affidavits as he may think necessary in relation to the facts, and if, on hearing the motion, the court shall decide that the contract sued on was made to re

Endorsement new a previously existing debt as aforesaid, the court shall di-on execution rect that an endorsement to that effect shall be made on the execution, and such execution shall be subject to the provi. sions of this law. This act shall continue in force three years from and after its passage.

APPROVED, January 6th, 1843.

AN ACT to amend the several laws in relation to the trial of the right of In force, property beiore justices of the peace.

June 1, 1843,

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter in trials of In trials of the right of property taken on execution, attachment, or other right proper

ty six persons process, by constables, the number of jurors shall be six instead constitute the of twelve, unless all the parties to the trial shall agree upon a jury Jarger number, not exceeding twelve, in which case the number agreed on shall constitute the jury; Provided, that either Proviso party shall have the right to require twelve jurors upon advancing the additional costs and fees accruing in consequence of increasing the number over six, such additional costs and fees not being in any event chargeable against the other party. This act to take effect on the first day of June nexl.

APPROVED, February 20, 1843.

AN ACT to amend an act entitled "an act disposing of the public proper- In force, ty in Vandalin," and for other purposes.

Feb. 6, 1843. Sec. 1. Be it enacted by the People of the State of Illinois,

Legal voters represented in the General Assembly, That it shall be lawful for of Vandalia the legal voters residing within the corporate limits of the to vote for or town of Vandalia, at the annual election to be held as now

against disso.

lution of inprovided by law, on the first Monday in April next, for the corporation election of five trustees, to vote for or against a dissolution of the incorporation of the said town, and if a majority of the legal votes given shall be for a dissolution of the said incorpora- Duty of trustion, it shall be the duty of the present trustees of said town tees &c. to cause the poll of said election to be deposited in the office of the clerk of the county commissioners' court of Fayette county; and it shall also be the duty of the said trustees to de


Incorporation liver to the said clerk all the books, papers, notes, bonds, mowhen dissol ved

ney, and property belonging to the corporation, in their possession, and thereafter the said incorporation shall be considered

as dissolved. No election

SEC. 2. That in case no election shall be held on the first being held on Monday in April next for trustees of said town, it shall be the 1st Mon: lawful for the trustees then in office to order an election to be day of April, one may be held at any time thereafter, and publishing at least three printheld at any ed or written notices thereof, twenty days before the day of Time after

election, at which election the legal voters may vote for or ward

against a dissolution of the said incorporation, and if it shall appear that a majority of the votes given, shall be in favor of a dissolution, then the said trustees shall make return thereof, and deliver to the clerk of the county commissioners' court, all the books, papers, notes, bonds, money, and property belonging to the said incorporation in their possession, and there.

after the said incorporation shall be considered as dissolved. Disposition of Sec. 3. That whenever the said incorporation shall be disproperty on solved in the manner provided in the two preceding sections dissolution of of this act, all the rights of property and other powers vested incorporation

in the president and trustees of the said town by the provisions of the act to which this is an amendment, shall become vested in the board of trustees of schools, in township six north of range one, east of the third principal meridian, who shall have and exercise the same powers as, by the act to which this

is an amendment, were vested in the president and trustees of Duty of clerk of com'rs

the said town, and it shall be the duty of the clerk of the county commissioners' court to deliver to them all the books,

papers, notes, bonds, money, and property which shall be de Duty of livered to him as aforesaid; and it shall be the duty of the school trus

school trustees aforesaid to take charge of the same, and to have possession of the east end of the house on the public square, formerly used as a State House, and cause the same to be kept in repair, and used for school and such other

purposes, as they may deem necessary for the interest of the in. habitants of said town; with this condition, that if at any time a county seminary shall be established in said county, the said east half of said house, or such part thereof as may be required, shall be used and occupied for that purpose, under the control and direction of the authority which may govern the

said seminary. To vest funds

SEC. 4. The school trustees aforesaid, after the dissolution in library

of the town incorporation as aforesaid, shall have charge of the funds arising from the sale made by the town trustees of the property mentioned in the act to which this is an amendment, and shall vest the same in a library and such articles as they may deem necessary for the tuition of scholars in the

schools which may be taught in the said building. County to Sec. 5. The county commissioners' court of said county, canse public after the dissolution of the said incorporation, shall cause the eaclosed public square to be enclosed and used as at present and may



square to be

sell a certain

cause other useful buildings for the use of the county to be Square not to

become puberected thereon as they may deem necessary, but never per-'ic property mit any of the public square to become private property.

Sec. 6. The county commissioners' court of said county, Co. court nu. after the dissolution of the said incorporation, shall have power thorised to to sell, convey, or otherwise dispose of iot number seven, in lot and apply square number thirty-five, in said town which was appropri- proceeds ated by the act approved March fourth, one thousand cight hundred and thirty-seven, to the use of the trustees of said town, and apply the proceeds arising from the same in repair. ing the roof of the east end of the said former State House on the public square.

APPROVED, February 6th, 1813.

AN ACT to provide for the sale of public property and the payment of the

In force, public debi.

Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Minois, Auditor to represented in the General Assembly, That it shall be the duty take account of the Auditor of Public Accounts to take an account of all

of all lands

owned by the the lands owned by the State, or to which the State has any Ssate purchatitle in law or equity, and purchased with internal improve- sed with in

ternal im ment” moneys; all the lands donated to the State under an

provement act of the Congress of the United States entitled "an act to moneys appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one; also, all other lands and premises, railroads completed or in operation, and buildings and improvements, connected with the system of internal improvements, belonging to the State; Provided, that this act Proviso shall not be construed to extend to the canal, canal lands, or lots, or the water power of the canal, or to any railroads not finished or in operation, or to the rights of way held in connection with said roads, or to the lot or lots, and buildings thereon, and appurtenances thereunto belonging, situate in the city of Springfield, recently occupied as the central office of the board of public works, which shall be reserved for the use and residence of the Governor of this State; Provided, also, that the purchaser, or purchasers of the property and fix. Reservation

in sale of protures owned by the State at New Haven and Carmi, on the

perty at New Little Wabash, shall be sold, reserving the right of navigation Maven and to the people of the State, but the said purchaser or purcha

Carmi sers of the aforesaid property at the aforesaid places shall be required to erect good and sufficient locks at the mill-dams, so as to admit the speedy and safe passage of boats and crafts of every description, free from charge or unvecessary delay; and for a failure to comply with the provisions of this act, it sball be a forfeiture of their purchase, and they shall be liable

ter an ac

inen: to Aud. itor

for all damages occasioned thereby, to be recoverable before

any court of competent jurisdiction by the party aggrieved. Auditor to en. SEC. 2. It shall be the duty of the Auditor to enter said

account of said property, real, personal, and mixed, in a book count of property

to be provided and kept for the purpose, and as soon thereaf

ter as practicable, he shall furnish the Covernor with a certiGov. shall fied list of said property. The Governor, upon the receipt of cause proper said list, or at an early day thereafter, shall cause the said ty to be apo

propraised perty to be appraised, and the appraised value of each speGov. to re

cific article, parcel or quantity of said property, to be placed turn appraise- opposite the same, and shall return the said list and appraisal

to the Auditor, who shall carefully enter the same in a book Proviso to be provided and kept for the purpose; Provided, that the

said lands shall be appraised in such sub-divisions of quantity as the Governor may direct, and that the works of internal improvement, embracing roads, buildings, improvements, and

water powers aforesaid, shall be separately appraised. Auditor to

Sec. 3. The Auditor shall prepare a general plat of the prepare plat lands and premises aforesaid, with the lines of the said works of lands &c. marked thereon, which shall show the location, quantity, and

value of said lands and premises, and said plat shall always

remain open in the Auditor's office for public inspection. Auditor to Sec. 4. As soon as said appraisal shall be made as aforesaid give notice of and the Governor shall have returned the same to the Audi sale of prop. tor, it shall be the duty of the Auditor to cause notice to be

given, by publication in the two public newspapers at the seat of government, and such other papers in and out of the State as he may deem advisable, that the aforesaid property, real, personal, and mixed, will be offered for sale to the highest

bidder, on some day, in said notices to be named, not less than State indebtedness recei. six months after the date of said advertisement at Springfield,

and that internal improvement bonds and scrip, and gold and silver, will be received in payment for the same.

Sec. 5. It shall be the duty of the Governor, before the day Gov. to cause property to be appointed for the sale of said property, to cause the same to classitied be classified into articles, parcels and quantities. according to

the nature of the case, by the Auditor; and on the day of sale the Auditor shall have power to call to his aid the Treasurer of

the State, and under the supervision of the Governor, shall Sale to be ai proceed to sell said property at public auction, in the city of Springfield Springfield, in articles, parcels, and quantities, according to

said classification, and shall strike the same off to the highest bidder at or above the appraised value thereof; Provided, that

the said property shall not, in any case, be sold for less than Proviso

its appraised value; Provided further, that the Governor shall have power to dispose of all the personal property owned by the State in connection with the system of internal improvements, on such terms of sale, and at such place or places, as he shall deem most conducive to the interest of the State; any thing in this act to the contrary notwithstanding.


ved is pay


of sales

Sec. 6. The said salc shall be continued from day to day Property reuntil the Governor shall order the same to be stopped, and all

maining un

gold subject of said property renaining to the State, after said sale shall be to private sale closed; shall be subject to private purchase, and shall be sold at appraised by the Auditor, whenever thereafter the appraised value shall value be offered for the same; and in case two or more persons shall apply at the same time for the purchase of any of said proper

Proviso ty, it shall be the duty of the Auditor to offer the same for sale to the highest bidder at or above the appraised value thereof.

Sec. 7. The Auditor shall keep a correct and complete re- Auditor to cord of all sales made under this act, which shall describe the keep record property sold, the price at wbich sold, the name of the purchaser, and the kind of funds received in payment; and in all cases of sale, if the amount of property sold is not equal to the amount of the liabilities of the State tendered in payment, it shall be the duty of the Auditor to take up such an amount of said liabilities as the case will permit, and endorse a credit upon the face of the excess tendered equal to the balance of the purchase money due the State, and in every such case, it shall be the further duty of the Auditor to register in his office, by their distinguishing marks, all such liabilities, with the amounts and dates of the credits endorsed thereon.

SEC. 8. It shall be the duty of the Governor to cause title Patents to be patents to be issued to all purchasers of real estate under the issued to purprovisions of this act, as in other cases, and to cause to be chasers of re

al esta:e made, to all persons purchasing personal property, sufficient bills of sale, signed by himself, countersigned by the Secretary, Lands not 10 and attested by the seal of State; Provided, that the real be taxed till estate sold under the provisions of this act, and for which title five years afpatents shall be issued, shall not be taxed until the term of five years from and after the date of the sale of the said real estate shall have expired.

Sec. 9. The expenses necessarily incurred in carrying Expenses this act into effect, shall be submitted to the Governor, and how paid upon his allowance, shall be paid out of the contingent fund of the State; and the duties imposed upon the Auditor shall be performed by him as other duties of his office.

Sec. 10. It shall be the duty of all the officers named in This act to be this act to use every despatch in carrying this act into effect, carried into consistent with the public interest, and the Governor and speedy effect Auditor are hereby authorised to take any measures which may be necessary and proper, in order to the purposes of despatch, and the furtherance of the objects contemplated by this act.

Sec. 11. The Northern Cross Railroad shall be sold subject to Northern the lien created in favor of the bonds issued for the completion of Cross rail

road to said road; Provided, the depot lands at Cairo shall be reserved fuld subject from sale, and the Governor is hereby authorised to lease the to certain same upon such terms as he shall deem proper, to the occu- conditions pants thereof, who shall have erected houses on the same, in

ter sale

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