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ACT, NUMBER XLIV.
AN ACT AUTHORIZING THE SURVEY OF CERTAIN LANDS THEREIN NAMED,
Section 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That in any case, when two or more persons shall own or be in possession of separate parcels of land, situate in the same claim and survey, or legal subdivision of land, they may have the same surveyed by the county surveyor of the county in which the land is situated : the said surveyor, when required thereto, shall survey the lot of each proprietor in said claim and survey, or other legal subdivision of land, and make a plat thereof, designating the respective shares of each proprietor, by figures appropriately fixed therein, and specifying the number of acres in each lot, and certifying that the same was surveyed by him in conformity to law.
Sec. 2. The proprietors of said lots of land may have the said survey and certificate recorded in the recorder's office of their respective counties ; for which service of recording, the said officers shall receive for each lot, ten cents in full compensation.
Sec. 3. It shall be the duty of the assessor in each county, to enter for taxation in his books, all lands liable to taxation in each claim and survey so platted and recorded, by the numbers of the respective lots, designating the claim and survey, and the number of acres in each lot, and their value, in separate columns, the taxes on which shall be paid and received by their respective numbers.
APPROVED, December 31, 1844.
ACT, NUMBER XLV.
AN ACT TO PROTECT OWNERS OF WOOD-YARDS AGAINST THE ILLEGAL ACTS OF STEAN
BOAT MASTERS AND OFFICERS,
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, If any master, captain, or other officers of a steam boat, shall stop at any wood yard in this State, and shall take cord wood therefrom, without the consent of the owner thereof; or having the consent of the owner, shall refuse to pay the price agreed on; or depart without paying for the same; or shall pay for less than the quantity taken, and depart, such captain, master or other officer so offend
ing, and the owner of such boat, shall be liable to pay to such owner of such wood taken without consent, or not paid for, three times the value of said wood, to be recovered before any court having jurisdiction thereof; or before any justice of the peace of the county, where said suit may be brought, when the amount claimed does not exceed one hundred dollars. This act to take effect and be in force from and after its passage.
APPROVED: February 28, 1845.
ACT, NUMBER XLVI.
AN ACT CONCERNING THE PUBLIC TREASURY.
Section 1. Be it enacted by the People of the State of Minois, represented in the General Assembly, That hereafter, no sum or sums of money shall be contracted to be paid out of the treasury of the State, by any officer of the State ; nor shall
any person be encouraged to do any work or labor for the State, by any officer thereof, except such payment, or such work and labor, shall have been authorized by a previous law.
Sec. 2. That the first section of this act, shall not be so construed as to prevent the Governor from exercising the same control over the contingent fund, as has been heretofore exercised over said fund.
APPROVED: February 21, 1845.
ACT, NUMBER XLVII.
AN ACT GRANTING TO THE GENERAL GOVERNMENT THE RIGHT TO ESTABLISH AN TRMORY
AT FORT MASSAC.
WHEREAS, The President of the United States, acting under the authority of
law, has selected Fort Massac, in the county of Massac, in the State of Illinois, as a suitable site for the erection of a national armory: And whereas, it may be advisable, for the removal of all doubts as to the right of the General Government to acquire real estate, and establish public buildings, within the limits of independent States, without the consent of such States : Therefore,
Section 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That the consent of the State of Illinois be, and is hereby given
to the Government of the United States, for the erection of an armory at Fort Massac, in the said county of Massac; and that the said Government of the United States be, and hereby is authorized to acquire and hold forever, so much land within the State of Illinois at said Fort Massac, as shall be requisite and necessary for the uses and purposes of an Armory.
APPROVED: December 11, 1844.
[LAWS PASSED AT SESSIONS OF THE GENERAL ASSEMBLY,
PREVIOUS TO THAT OF 1844-5.]
ACT, NUMBER XLVIII.
AN ACT TO PROVIDE FOR THE COMPLETION OF THE ILLINOIS AND MICHIGAN CANAL,
AND FOR THE PAYMENT OF THE CANAL DEBT.
WHEREAS, It has been represented that certain holders of the bonds of this Slate
are willing to advance the necessary funds for the completion of the Illinois and Michigan canal, upon being secured the payment of their said advances, and of their said bonds, by a vested lien upon the said canal, lands and revenues : For the purpose, therefore, of accomplishing an object so desirable and beneficial to the said bondholders and the State:
Section 1. Be it enacted by the People of the State of Minois, represented in the General Assembly, That for the purpose of raising a fund for the completion of the Illinois and Michigan canal, the Governor of this State be and hereby is fully authorized and empowered to negotiate a loan, solely on the credit and pledge of the said canal, its tolls, revenues and lands, to be granted to trustees, as hereinafter provided, of one million six hundred thousand dollars, for a term, not exceeding six years, and at a rate of interest, not exceeding six per cent. per annum, payable out of the first moneys to be realized from the said canal, its lands, tolls and revenues ; the payment of interest and reimbursement of principal, to be at such place, within or without the United States, and payable in such currency as may be agreed on.
Sec. 2. The holders of canal bonds and other evidences of indebtedness of this State, issued for the purpose of aiding in the construction of the Illinois and Michigan canal, or hereafter to be issued for work done, per centage, scaleage or damages, shall be first entitled to subscribe in proportion to the amount of bonds or other indebtedness held by them, and take the whole of the said loan; but if within a reasonable time, to be determined by the Governor, any of the said holders of canal bonds or indebtedness shall neglect or refuse to subscribe as aforesaid, the whole of the said loan may be subscribed for and taken by other holders of canal bonds or indebtedness; but if within a reasonable time, to be determined upon by the Gover
nor, the holders of the said canal bonds or other evidences of indebtedness aforesaid, shall not subscribe for and take the whole of the said loan, then and in that case, any other person or persons, body politic or corporate, shall be entitled to subscribe for and take so much of the said loan as may remain unsubscribed for by the said holders of bonds or other evidences of debt aforesaid.
Sec. 3. After the said loan shall be subscribed for as aforesaid, there shall be appointed three discreet persons, to constitute a board, to be known by the style and description of the “ Board of Trustees of the Illinois and Michigan Canal.” One of the said trustees shall be appointed by the Governor of this State, and the other two shall be elected or appointed by the subscribers to the said loan, or the holders of the certificates authorized by this act, in manner and form as hereinafter mentioned. Whenever any vacancy shall occur in the said board of trustees, either by death or resignation, or from any other cause, said vacancy shall be filled by the Governor or holders of said certificates, to whom belonged the appointinent of the trustees whose seat shall have become vacant, as the case may be.
Sec. 4. The first election of trustees, by the subscribers to said loan, under this act, shall be held at the canal office, at Lockport, at such time as the Governor of this State shall appoint, under the direction of one of the judges of the supreme court of this State, who is hereby appointed inspector of the first election; and the two persons then elected as trustees by the said subscribers, and the person appointed trustee by the Governor, shall hold their offices for two years, from the time of their said election or appointment, and until others are elected.
Sec. 5. Subsequent elections shall be held every two years, at such time and place, and under the direction of such persons as a majority of the trustees for the time being, shall, by resolution, to be entered on their minutes, appoint; and they shall hold their offices for two years, and until others are elected in their stead.
Sec. 6. At the election of trustees under this act, each stockholder shall be entitled to one vote for each and every one thousand dollars of stock held by him, and in all elections, votes may be given in person or by proxy.
Sec. 7. All elections shall be by ballot, and the two who shall have the greatest number of votes shall be the two trustees, duly elected by the said subscribers or holders of said certificates. At all such elections, the said subscribers or holders of said certificates, shall designate upon their ballots one of the persons voted for as president; and the person having the greatest number of votes as trustee and president, shall be one of the said trustees and president of said board.
Sec. 8. The said board of trustees of the Illinois and Michigan canal, when duly appointed and elected as aforesaid, shall apportion their respective duties among themselves, and so far as is not incompatible with this act, shall possess all the powers and perform all the duties conferred upon the board of commissioners of the Illinois and Michigan canal, by the act entitled “An act for the construction of the Illinois and Michigan canal," approved, January ninth, eighteen hundred and thirty-six, and the acts supplementary and amendatory thereto, and shall take an oath or affirmation, and give bonds with security, for the faithful discharge of the duties imposed upon them by this act.
Sec. 9. If the holders of any of the said canal bonds or other evidences of indebtedness, issued for the purpose of aiding in the construction of the Illinois and Michigan canal, shall become subscribers for the said loan, or any part thereof, they shall, at the time of subscribing, file, or cause to be filed with the Governor, a brief
description of said bonds or other evidences of indebtedness aforesaid, owned by them, which description shall be deposited by the Governor in the office of the auditor of public accounts, in order that the evidences may be preserved to discriminate the holders who subscribed for the said loan, and to identify the said bonds or other · evidences of indebiedness aforesaid, that may in consequence be entitled to a priority of payment out of the property and assets granted to the board of trustees as hereinafter provided.
Sec. 10. For the purpose of placing in the hands of trustees, full and ample security for the payment of said loan, authorized by this act, and the interest thereon, as well as for securing a preference in the payment of such of the canal bonds and other evidences of indebtedness issued by this State for the purpose of aiding in the construction of the Illinois and Michigan canal, as may be owned by the subscribers to the said loan, the State does hereby irrevocably grant to the said bcard of trustees of the Illinois and Michigan canal, the bed of the said Illinois and Michigan al, and the land over which the same passes, including its banks, margins, tow paths, feeders, basins, right of way, locks, dams, water power, structures, stone excavated, and stone and materials quarried, purchased, procured or collected for its construction; and all the property, right, title and interest of the State, of, in and to the said canal, with all the hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and also, all the remaining lands and lots belonging to the said canal fund, or which hereafter may be given, granted or donated by the General Government to the State, to aid in the construction of the said canal, and the buildings and erections belonging to the State, thereon situated; the said board of trustees to have, hold, possess and enjoy the same, as fully and as absolutely, in all respects, as the State now can or hereafter could do, for the uses, purposes and trusts hereinafter mentioned; but it is to be understood that all canal lands and lots heretofore sold by the board of commissioners, upon which moneys are now due, or may hereafter become due, whether the said lands and lots be now forfeited or relinquished, or hereafter become forfeited or relinquished, shall be exempt froin the aforesaid provisions of this act; and the trustee herein provided to be appointed by the Governor, or any other officer or officers, having the management of the affairs of the canal, until said trustee be appointed on the part of the State, is hereby authorized and required to settle all accounts due to contractors and others, (except for such damages as are hereinafter provided for,) by issuing certificates of indebtedness, which together with the certificates of indebtedness, scrip and acceptances, heretofore issued by the said canal commissioners, shall be received by said trustees or other officer or officers aforesaid, in payment for said lots and lands, whenever they may be presented for that purpose. The said lands and lots, hereby reserved, shall, within three months after the passage of this act, be appropriated, as is provided in the thirteenth section of this act, and sold in accordance with the laws of this State regulating the sale of canal lands.
Sec. 11. The subscribers to the said loan shall execute an agreement to and with the Governor of this State, to pay the amount respectively subscribed, to the said board of trustees, at such times and in such proportions as said trustees shall direct; and said agreement shall specify the manner in which said trustees shall give notice to the said subscriber, of every call for a payment: Provided, That in case any subscriber under the provisions of this act, shall fail, neglect or refuse to pay any instalment, at the time called for by said trustees, he shall forfeit all payments previously made, and all benefits and advantages arising under the provisions