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Be it enacted by the people of the State of Illinois Represented in the general assembly, That in all cases where it shall become necessary to survey or resurvey any tract
or tracts of land, which now or may hereafter belong to any county surveyor, or when
it shall be necessary to survey or resurvey any tract or tracts of lands adjoinig land owned by a county surveyor, it shall not be lawful for such county surveyor
to survey or resurvey the same but in all such cases it shall be the duty of the county commissioners court of the proper county upon the application of any person interested in such survey
to appoint some competent person who shall be sworn to discharge the duties contemplated
in this act, and such person when so appointed shall have the same power and authority
in such cases as now belongs to the county surveyor, and his official acts shall be
received as evidence in the same manner as returns of county surveyors are, in all
courts of record in this state.
Sec[Section] 2. The oath may be administered to such surveyor in the same manner and by the same
person as is required in the act2 regulating the appointment of county surveyor, and shall be endorsed on the certificate
of the appointment of such surveyor, which certificate shall be under the hand and
seal of the clerk of said county commissioners court reciting the order of said court touching the appointment of said surveyor, and shall opperate as a commission to such surveyor for the purposes required by this act.
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Sec 3. It shall be the duty of the several circuit courts in this state at the next term after the passage of this act to appoint by order of court some
suitable person (who shall reside at or near the county seat of such county, to act
as special clerk in all suits[,] motions[,] or indictments in which the clerk of such court shall or may be a party and when such person shall be so appointed they shall be
notified of their appointment by serving3 a copy of such order by the Sheriff of the county.
Sec. 4. When such person shall be so appointed and notified thereof he shall whenever
requested by any person interested as aforesaid give his attendance at the clerk[’]s office or place of holding court as the case may be and shall have power and authority
to use the seal of said court and do and perform every act which the clerk of said
court might do and perform in other cases, such person shall sign his name to all
process issued by him as above provided as especial clerk, and all acts done by authority
of this act shall be as valid as if done by such regular clerk and such especial clerk
shall have the same fees as is allowed the regular clerks.
This act to be in force from and after its passage
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[01]/[15]/[1835]
[01]/[15]/[1835]
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[01]/[14]/[1835]
[01]/[14]/[1835]
Engrossed
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[01]/[24]/[1835]
[01]/[24]/[1835]
Select Com
Hacker
Mather
Forquer.
Hacker
Mather
Forquer.
1William Moore introduced HB 91 in the House of Representatives on January 8, 1835. On January 12, the House referred it to a select committee.
The select committee reported back the bill on January 14 with an amendment, in which
the House concurred. On January 15, the House referred the bill to another select
committee. The select committee reported back the bill on January 16 without amendment,
and the House passed the bill. On January 24, the Senate referred the bill to a select committee. The select committee reported back the bill
on January 27 without amendment, recommending its rejection. The Senate thereupon
tabled the bill.
Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 200, 252, 274, 290, 299, 305; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 265, 276, 324, 344-345.
Handwritten Document, 4 page(s), Folder 76, HB 91, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,