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Sec. 32. When any vacancy shall happen in the office of senator or representative to the General Assembly, by death, removal or otherwise, it shall be the duty of the clerk of the county commissioners' court of the county, if one county only compose the senatorial or representative district, as soon as he shall have been informed thereof, to notify the Governor of such vacancy, and is there be more than one county comprised within the limits of such senatorial or representative district, it shall be the duty of the clerk of the county commissioners' court of the senior county in such district, so to notify the Governor, and the Governor shall issue a writ of election, directed to the sheriff of the county in which such vacancy shall happen, commanding him to notify the several judges of election in his county, to hold a special election to fill such vacancy or vacancies, at a time to be appointed by the Governor: Provided, That if there is to be no session of the General Assembly between the happening of such vacancy and the time of the general election, it shall not be necessary to order a special election to fill such vacancy.
Sec. 33. Elections to fill vacancies in either branch of the General Assembly, occuring during the sessions of the Legislature, may be held on such notice, not less than five nor more than twenty days, as the Governor may direct in the writ of election issued to fill such vacancy.
Sec. 34. If any vacancy shall happen in the office of Governor by death, resignation, removal from office, or refusal by the Governor elect to take the requisite oath of office, it shall be the duty of the secretary of State to notify the clerks of the county commissioners' courts of the several counties in this State, that at the next succeeding general election of members of the General Assembly, or electors of President and Vice President, (as the case may be,) an election will be held to fill such vacancy : Provided, however, That the secretary shall not give such notice, nor shall such special election of Governor take place unless the vacancy shall have happened at least forty days previous to such general election for members of the General Assembly, or of electors of President and Vice President of the United States, nor unless a regular session of the General Assembly shall intervene between the time when such vacancy shall have happened and the succeeding quadrennial election of Governor.
Sec. 35. When any vacancy shall happen in the office of sheriff or coroner, either by death, resignation or otherwise, the clerk of the county commissioners' court in which such vacancy shall happen, shall immediately notify the Governor of such vacancy; and it shall be the duty of the Governor to issue a writ of election, and direct the time when such election shall be held, the said writ to be directed to the said clerk.
Sec. 36. When any vacancy shall happen in the office of representative to Congress from this State, it shall be the duty of the Governor to issue his proclamation, appointing a day to hold a special election to fill such vacancy.
Sec. 37. If any judge of the election, or clerk, or any other officer or person in any manner concerned in conducting the election, shall wilfully neglect, improperly delay or refuse to perform any of the duties required by this chapter, after having undertaken to perform such duties, he shall forfeit and pay to the State the sum of forty dollars ; and if any such judge of the election, clerk or other officer or person, in anywise concerned in conducting the election, shall knowingly admit any person to vote, not qualified according to law, or shall knowingly receive and count more than one vote from one person, at the same election for one office, or shall be guilty of fraud, corruption or partiality, or manifest misbehavior, in any
matter or thing relating to said election, each and every person so offending shall forfeit and pay to the county the sum of one hundred dollars, to be recovered in any court of record in the State, in the name of the State for the use of the county, in an action of debt, with costs of suit, or at the suit of any person who may sue for the same, one-half for the use of the person sueing and the other half for the use of the county; and every such person so offending as aforesaid, shall moreover, on conviction, be rendered incapable of holding any office within this State for the term of ten years thereafter.
Sec. 38. Nothing in this chapter shall be so construed, as to prevent the judges of election from refusing to receive the vote of any person when it shall be proved to the satisfaction of a majority of them, that in taking the said oath he shall have sworn falsely. And if any judge of election shall order to be received the vote of any person who, being challenged, shall not take the oath or affirmation prescribed by law, such judge of election, so offending, shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt, in the name of the State, or of any person sueing therefor, the one-half of said fine for the use of the county, and the other half for the use of the person sueing.
Sec. 39. If any judge or judges of election shall refuse to receive the vote of any such person so residing in this state, six months before election, and being at the time of offering his vote, twenty-one years of age, as stated in the eighteenth section of this chapter, and he shall coinply or offer to comply with the eighteenth section of this chapter, then every judge, or the judges so refusing or neglecting to receive the vote of the person aforesaid, and to record it as a legal vote, shall be liable to be indicted, and on conviction, shall be fined five hundred dollars, and imprisoned, not exceeding thirty days, in the county jail ; and such judge or judges may also be sued in an action on the case, by the person aforesaid, and upon proof of such refusal or neglect in said judge or judges to receive and record the vote of such person so offering to vote, damages may be recovered of such judge or judges, not exceeding five hundred dollars.
Sec. 40. If the clerk of the county commissioners' court shall neglect or refuse to perform the duties as pointed out in this chapter, he shall be liable to be indicted, and on conviction shall be fined, in a sum not exceeding five hundred dollars, and imprisoned, not exceeding thirty days, and may be sued in an action of trespass on the case, for damages, not exceeding five hundred dollars, by the person injured by reason of the neglect or refusal of such clerk.
Sec. 41. If any person shall mutilate or erase any name or figure, or word, in a poll book taken or kept at any election, or if any person shall take away such poll book from the place where it has been deposited for safe keeping, with an intention of destroying the same, or to procure or prevent the election of any person, or if any person shall destroy any poll book so taken and kept at any election, he or she shall be liable to be indicted, and on conviction, shall be fined five hundred dollars, and imprisoned, not exceeding sixty days in the county jail.
Sec. 42. When any candidate shall desire to contest the validity of any election, or the right of any person declared duly elected, to hold the office to which such candidate claims the right, such candidate shall give notice of his intention in writing, to the person whose election he intends to contest, or leave a notice thereof at his usual place of residence, within thirty days after the day of election, expressing the points on which the same will be contested, the name of one of the justices of the peace who will attend at the taking of the depositions, the place
where, and the time when the said depositions will be taken; which time so fixed upon for the taking of the depositions, shall not exceed sixty days from the day of election.
Sec. 43. The party whose election is contested, may select another justice of the peace to attend at the trial. Should the party whose election is contested, refuse or neglect to select a justice as aforesaid, the justice chosen by the person contesting the election as aforesaid, shall make such selection for him. The two justices so selected or chosen, shall make choice of a third justice; and if they can not agree upon a third justice to act with them, they shall make such selection by lot; and the three justices thus selected, or either of them, shall have power, and they are hereby authorized and required, to issue subpænas and such other process as may be necessary to secure the attendance at such trial, of all persons whose testimony may be required by either party, in the same manner as is provided in other cases of proceedings before justices of the peace.
Sec. 44. The said justices, or any one of them, shall, in all such cases, have power to issue subpænas for witnesses to any county in this State, directed to the sheriff of such county, who shall make service and return as in other cases. And any witness, duly subpenaed, refusing or neglecting to appear and testify, shall, in addition to the penalties otherwise imposed by law, forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any court having cognizance thereof, one-half to the county, and one-half to the person sueing for the same.
Sec. 45. The said justices, or any one of them, may issue attachments for witnesses so neglecting or refusing to attend, who may be brought before them; and at any time before the day for the decision of the question between the contesting parties, the said justices shall, at the request of either, after giving notice to the other party of five days, if resident in their county, or ten days, if residing out of their county, proceed to take the testimony of such witnesses, to be used in the case.
Sec. 46. If any justice of the peace selected as aforesaid, to attend at the taking of the depositions, shall, without reasonable excuse, fail or refuse to attend at the time and place appointed, after having undertaken to attend, he shall forfeit and pay a fine of fisty dollars, to be recovered by action of debt, in any court having cognizance thereof, one-half to the county, and the other half to the person who will sue for the same.
Sec. 47. The said justices shall hear and examine all the evidence offered on either side. If the contest be respecting any county office, they shall decide which of the said candidates shall have been duly elected, and certify the same to the clerk of the county cominissioners' court of the proper county, who shall thereupon make out and deliver to the successful party a certificate of his election. If such contest be respecting a seat in the Senate or House of Representatives of this State, the said justices shall hear and reduce to writing, all the testimony taken in the case, and certify and transmit the same under seal, together with all other papers and documents pertaining to the case, to the speaker of the Senate or House of Representatives as the case may be.
Sec. 48. No testimony shall be heard by the said justices on the part of the person contesting the election, which does not relate to the points specified in the notice. Such justices shall have power to appoint a clerk, and may adjourn from day to day, until their duties shall be completed. They shall have the same power to preserve order, and to punish disorders and contempts, as justices of the peace may exercise, when holding court.
Sec. 49. In all contests for county offices, in which the justices hearing the case, are authorized to decide, they shall enter judgment on the docket of the justice last chosen, for all the costs of such contest, against the unsuccessful party, upon which execution may issue as in other cases. Either party may appeal from the decision of such justices to the circuit court as in other cases of appeal from the judgment of a justice of the peace, the decision of which court shall be final.
Sec. 50. In all contests other than for county offices, the proceedings for taking testimony hereinbefore provided, may be had in each county in which it is necessary to take testimony, and the like returns shall in each case be made. In those cases in which the justices examining, do not decide the contest, they shall not be compelled to certify or transmit the testimony and documents pertaining to the case, until the reasonable costs of the examination and of certifying the same, are tendered or paid ; and the party who is finally unsuccessful shall be liable for such costs, to the person who shall have paid the same. But if neither party shall require or cause such testimony and documents to be transmitted, then judgment may be entered and execution had, as before provided, against the party at whose instance such examination was instituted.
Sec. 51. In all elections by the General Assembly, or by either house thereof, (elections of justices of the supreme court, and judges of inferior courts excepted,) the members shall vote viva voce, and their votes shall be entered upon the journals. Elections by joint vote of the two houses shall be made in the hall of the house of representatives, at such time as shall have been previously appointed by joint resolution of the two houses; and at all such joint meetings, the speaker of the house of representatives shall preside. Elections of justices of the supreme court and judges of inferior courts shall be made by joint ballot of both houses, in the hall of the house of representatives, the speaker of which shall appoint a member of each house to act as tellers. No person shall be declared duly elected by the General Assembly, or either branch thereof, until he shall have received a majority.of all the votes given, blank votes included.
Sec. 52. If any person shall, at any time hereafter, bet or wager any money, property or other valuable thing, upon the result of any election which may be held under the constitution or laws of this State, or shall bet or wager money, property or other valuable thing, upon the number of votes which may be given to any one or more persons, at any election held as aforesaid, or upon who will receive the greatest number of votes at any such election; or if any person shall agree to pay to
person, any money, property or other valuable thing, in the event that any election as aforesaid shall result in one way, or in the event that any one or more persons shall or shall not be elected, or shall receive a greater number of votes than others, such person shall be liable to indictment, and, upon conviction thereof, shall be fined, in any sum not exceeding one thousand dollars.
Sec. 53. It shall not be necessary to the commission of the offence specified in the foregoing section, that the money, property or valuable thing, bet or wagered, shall be exhibited or staked at the time of making such bet or wager, or at any other time.
APPROVED: March 3, 1845.
1. Real estate, when may vest in the State.
torney and circuit court.
ings defined. 4. Disposition of lands, when judgment rendered
in favor of State.
6. Appeal, right of parties to.
how and in what time may recover money ;
Section 1. If any person shall die seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the same, or the devisees thereof be incapable of holding the same; and in all cases where there is no owner of real estate capable of holding the same, such estate shall escheat to, and vest in the State.
Sec. 2. When the attorney general or any circuit attorney shall be informed, or have reason to believe, that any real estate within his district hath escheated to the State, by reason that any person hath died seized thereof, without devising the same, and leaving no heir capable of inheriting the same; or by reason of the incapacity of the devisee to hold the same, and such estate shall not have been sold according to law, within five years after the death of the person last seized, for the payment of the debts of the deceased; or when he shall be informed, or has cause to believe, that
such estate within his district hath otherwise escheated to the State, it shall be his duty to file an information in behalf of the State, in the circuit court of the county in which such estate is situate, setting forth a description of the estate, the name of the person last lawfully seized, the names of the terre tenants and persons claiming such estate, if known, and the facts and circumstances in consequence of which such estate is claimed to have escheated, and alleging that by reason thereof, the State of Illinois hath right by law to such estate: Whereupon such court shall award and issue a scire facias against such person or persons, bodies politic or corporate, as shall be alleged in such information, to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State, at the next term of such court; which scire facias shall be served at least fifteen days before the return day thereof; and the court shall moreover, make an order, setting forth briefly the contents of such information, and requiring all persons interested in the estate, to appear and show cause, if any they have, at the next term of the said court, why the same should not be vested in the State; which order shall be published for six weeks successively in some newspaper printed in this State, and in or nearest to the county in which such proceeding is had; the last insertion to be at least two weeks before the commencement of the term at which the parties are required to appear.
Sec. 3. All persons, bodies politic and corporate, named in such information as terre tenants or claimants to the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the State