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CHAPTER LXI.

LANDS.

SECTION
1. Contracts for sale of improvements on govern-

ment lands, valid.
2. Possession of government lands, in certain

suits, deemed to extend to three hundred and
twenty acres of unsurveyed land, or one hun.
dred and sixty acres of surveyed land, if such
be the custom of the neighborhood.

SECTION
3. When land claimed is in separate parcels, how

held.
4. Restriction as to unsurveyed land.
5. Such claim not to be good against a bona fide

purchaser, or pre-emption claimant. 6. Duty of county commissioners' clerks to trans.

mit lists of unlisted lands to auditor.

1. All contracts, promises, assumpsits or undertakings, either written or verbal, which shall be made hereafter in good faith and without fraud, collusion or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States, shall be deemed valid in law or equity, and

may be sued for and recovered as in other contracts. Sec. 2. The possession of any person settled on unsold lands of the United States, may, in actions of trespass, trespass quare clausum fregit, forcible entry and detainer and ejectment, (and in the absence of a paper title,) extend to three hundred and twenty acres of unsurveyed lands, or one hundred and sixty acres of surveyed lands, (if the custom of the neighborhood extend to so many acres.)

Sec. 3. When such claim is made of surveyed lands, lying in separate parcels, the person claiming the same shall not have the benefit of the preceding section, unless he shall reside on or near the same, nor unless it be so plainly marked that it can be plainly designated and distinguished from adjacent lands.

Sec. 4. If such claim be made of unsurveyed lands, the person claiming the same shall not have the benefit of the second section, unless such lands be so plainly marked and designated, as to be distinguished from adjacent lands.

Sec. 5. But such claim shall not be pleaded or set up in bar of any action, at any time commenced or to be commenced by a bona fide purchaser or purchasers of such lands from the United States, or person entitled to the right of pre-emption on the same,

under

any act of Congress now in force, or hereafter to be in force. Sec. 6. In all cases where the clerk of any county commissioners' court of this State, shall come in possession of the fact, that there is land situated in the county in which he is acting as clerk, which land has not been transmitted to said clerk, by the auditor of State, and which has been actually granted to any person or persons, and which has not been listed by any person, and that taxes are due and owing the State or county, which remain unpaid, said clerk shall proceed to list the same in the name of the person or persons to whom said lands were granted; and shall proceed to advertise and sell the same for taxes, as other non-resident lands are now sold.

APPROVED: March 3, 1845.

CHAPTER LXII

LAWS.

SECTION
1. Common and statute law of England, how far to

be of force in this State.
2. Bills, how to become laws, notwithstanding the

objections of the council of revision. 3. Bills not returned by council in ten days, to be

come laws; how authenticated by secretary of

State. 4. If General Assembly adjourn before bill is re

turned, how it may become law; how to be

authenticated. 5. Governor to transmit laws of this state, to Gov

ernors of other States, for exchange.
6. Expenses of such exchange, how paid.
7. Copies of laws published, how disposed of;

what officers entitled thereto; expense of dis-
tribution, how paid.

SECTION
8. Clerks of county commissioners' courts to give

receipts for laws received by them for distri

bution. 9. Clerk to distribute laws to persons entitled thereto. 10. County officer, on going out of office, to return

copies of laws to clerk; in case of his death, his heirs, &c., to return them; penalty for

neglect, and how recovered. 11. Accounts of expenditures, and titles of acts to

be published with laws. 12. Journals to be distributed to counties according

to population; one hundred copies to kept in

secretary's office.
13. Secretary of State to distribute congressional

land documents.
14. Also, acts of congress.

Section 1. The common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year

of James the First, excepting the second section of the sixth chapter of forty-third Elizabeth; the eighth chapter of thirteenth Elizabeth, and ninth chapter of thirtyseventh Henry eighth; and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force, until repealed by legislative authority.

Sec. 2. Whenever a bill which shall have passed both houses of the General Assembly, shall be returned by the council of revision, with objections thereto, and upon reconsideration, shall pass both houses by the constitutional majority, it shall be authenticated as having become a law, by a certificate thereon, to the following effect: “This bill having been returned by the council of revision with objections thereto, and after reconsideration, having passed both houses by the constitutional majority, it has become a law, this day of ;" which being signed by the speakers of the senate and of the house of representatives, respectively, shall be deemed a sufficient authentication thereof; whereupon, the bill shall be presented to the Governor, to be by him deposited with the laws in the office of the secretary of State.

Sec. 3. Every bill which shall have passed both houses of the General Assembly, and shall not be returned by the council of revision within ten days, having thereby become a law, shall be authenticated by the Governor, causing the fact to be certified thereon by the secretary of State, in the following form : "This bill having remained with the council of revision ten days, (Sundays excepted,) and the General Assembly being in session, it has become a law this

C. F., Secretary of State.” Sec. 4. Whenever the General Assembly shall, by their adjournment before the expiration of ten days after the passage of any bill, render the return of such,

day of

bill by the council of revision within that time impracticable, and the same shall not be returned on the first day of the next meeting of the General Assembly, and shall thereby become a law, the fact shall be authenticated in the manner provided in the preceding section.

Sec. 5. It shall be the duty of the Governor of this State, for the time being, so soon as the acts of the General Assembly of this State, after each and every session thereof, shall have been published, to transmit, free of postage, to the executive of each State and territory of the United States, and to the secretary of State of the United States, three copies of the acts of the General Assembly of Illinois, at such session, and request a like interchange by the several States: Provided, That when such request has heretofore been made, it shall not be the duty of the Governor again to make it.

Sec. 6. Any expense incurred by virtue of the preceding section, shall be paid out of the contingent fund, reserved in the State treasury, to be drawn by warrant from the auditor on the certificate of the Governor, from time to time, as the case shall require.

Sec. 7. The secretary of State, on the completion of the printing and binding of the acts of the General Assembly of this State, shall reserve two hundred and fifty copies thereof in his oflice, subject to the disposition of any future General Assembly. He shall cause to be delivered to the Governor, Lieutenant Governor, auditor of public accounts, State treasurer, each of the justices of the supreme court, attorney general, circuit attorneys, secretary of the senate and clerk of the house of representatives, engrossing and enrolling clerks of each house, one copy each. He shall transmit

some person or persons with whom he may contract for the purpose, a suflicient number of copies to the clerk of the county commissioners' court of each county, to be distributed among the different civil officers of the county and members of the General Assembly residing therein, allowing one for each probate justice, county commissioner, coroner, clerk of a court, county treasurer, sheriff, justice of the peace, county surveyor, constable, county recorder, school commissioner, and member of the General Assembly residing in the county ; and there shall also be delivered to the clerk of the circuit court of each county, two copies for the use of the court, grand jury, and bar ; and the surplus copies, if any, shall be by said clerk of the county commissioners' court carefully kept and preserved, to be distributed as may be hereafter directed by law; and the reasonable expenses attending such distribution shall be paid out of the State treasury.

Sec. 8. The clerks of the several county commissioners' courts, on receiving the laws for distribution as aforesaid, shall give their receipts for the same ; which receipts shall be filed in the secretary's oflice by the person by whom the said laws were distributed, before he shall be entitled to payınent for distributing the same.

Sec. 9. The clerks of the several county commissioners' courts shall, upon the request of any person

who may be entitled to a copy of the laws as aforesaid, deliver to him such copy, taking his receipt for the same: but no person shall be entitled to more than one copy, although he may hold several offices.

Sec. 10. Upon the expiration of the term of service, resignation or removal from office, of any county officer, it shall be his duty to return to the clerk of the county commissioners' court of his county, for the use of his successor in office, the copy or copies of the laws of this State, received by him in pursuance of this chapter, and in case of the death of any such officer, the said copy or copies of the laws shall be returned as aforesaid, by his executors or administrators. If any

such officer, his executors or administrators, shall refuse or neglect, for three months after the happening of such vacancy as aforesaid, to return the said copy or copies of the laws, to the clerk of the county commissioners' court as aforesaid, it shall then be the duty of said clerk to sue for the same, before some justice of the peace, and he shall recover for the use of the county, the sum of four dollars for each copy so detained, with costs of suit. No person, however, while he continues to hold any office, which entitles its incumbent to a copy of the laws, shall be required to return his copy of the same as aforesaid.

Sec. 11. There shall be added to each copy of the laws published in conformity to this chapter, an accurate account of the receipts and expenditures of the public moneys for the two years preceding the session of the General Assembly at which were passed the laws comprised in such copy. The volume hereby required to be published, shall also contain the title of every act of a private or temporary nature, passed at such session.

Sec. 12. The journals of the General Assembly shall be distributed among the several counties according to the number of white inhabitants, reserving in the office of the secretary of State one hundred copies.

Sec. 13. It shall be the duty of the secretary of State to distribute with the laws of the General Assembly, to each of the clerks of the county commissioners' courts in this State, excepting those counties to which the same shall have already been sent, one set of the documents, legislative and executive, of the Congress of the United States, in relation to the public lands, to be kept by said clerks in their offices for the use of the people of their respective counties.

Sec. 14. The secretary of State shall also send to each senatorial district in this State, to which the same shall not have already been sent, one copy of the acts of Congress, from eighteen hundred and twenty-two to the present time, to be deposited with the clerk of the county commissioners' court where the votes for said district are canvassed, for the use of the people of said district, and hereafter with each distribution of the laws of this state there shall be sent out as aforesaid, to each of said districts, one copy of the acts of Congress which may hereafter be received.

APPROVED: March 3, 1845.

CHAPTER LXIII.

LIBRARY-STATE.

SECTION
1. Books of State to be kept by secretary of State,

except those kept by clerk of the supreme

court. 2. Secretary to be librarian ; his duties. . 3. Who may take out books. 4. Librarian to keep register; how long books may

be retained.

SECTION
6. Penalty for improperly retaining or injuring

books; auditor to withhold pay of members

of assembly, until all books are returned. 6. Fines, &c., how recovered and disposed of;

entries of librarian to be evidence in suits for the recovery of penalties.

SECTION 1. The books now belonging to the State, and such as shall be hereafter purchased or received by the State, except the law books now in the custody of the clerk of the supreme court, and such additions as hereafter may be made to them, which shall remain under the direction and control of the supreme court, shall be kept in the office of the secretary of State, and shall compose the State library.

Sec. 2. The secretary of State shall be librarian, and take charge of the library and all papers, maps and charts properly belonging thereto, under such regulations as are hereinafter established, and shall take special care that none of them be lost or injured.

Sec. 3. Books may be taken from the State library by the members of the General Assembly and its officers during the session of the legislature, and at any time by the Governor and the officer of the Executive department of this state, who are required to keep their offices at the seat of government, the justices of the supreme court and attorney general: Provided, That no person shall be permitted to take or detain from the library more than two volumes of miscellaneous works at any one time.

Sec. 4. The librarian shall cause to be kept a register of all books issued and returned at the times they shall be so issued and returned, and none of the books except the laws, journals and reports of this State, which may be taken from the library by members of the legislature or its officers, during the session, shall be retained more than two weeks, and all the books taken by members of the General Assembly or its officers, of every kind, shall be returned at the close of the session.

Sec. 5. If any person injure or fail to return any book taken from the library, within the time prescribed in the foregoing section, he shall forfeit and pay to the librarian, for the benefit of the library, three times the value thereof, or of the set to which it belongs; and before the auditor shall issue his warrant in favor of any member or officer of the General Assembly, for his services during the session, he shall be satisfied that such member or officer has returned all books taken out of the library by him, and has settled all accounts for injuring such books or otherwise.

Sec. 6. All fines and forfeitures accruing under and by virtue of this chapter, shall be recoverable by action of debt before any justice of the peace or court having jurisdiction of the same, in the name of the people of the State of Illinois, for the use of the State library; and in all such trials, the entries of the librarian, to be made as hereinbefore described, shall be evidence of the delivery of the book or books, and of the date thereof; and it shall be his duty to carry the provisions of this chapter into execution and sue for all injuries done to the library, and for all penalties under this chapter.

APPROVED: March 3, 1845.

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