Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all that tract of country2 within the following boundaries, to wit: Beginning at a point on Lake Michigan, where the township line dividing townships forty-two and forty-three, strikes said Lake, and running thence west along said line, to the east line of range number four east of the third principal meridian; thence north to the northern boundary line of the state; thence east to Lake Michigan; thence along the shore of said lake to the place of beginning, shall constitute a new county, to be called McHenry.3

Sec. 2. That all that tract of country within the following boundaries, to wit: Commencing at the south east corner of township number forty-three, range number four, east of the third principal meridian, and running thence west to the said meridian; thence north along the line of said meridian, to the south east corner of township number twenty-six, in range number eleven, east of the fourth principal meridian; thence west to the dividing line between ranges number seven and eight; thence north along said dividing line to the northern boundary line of the state; thence east along said boundary line to the north east corner of range number four, east of the third principal meridian; thence south to the place of beginning, shall constitute a county, to be called Winnebago.4

Sec. 3. That all that tract of country within the following lines and boundaries, viz: Beginning at a point on the river Mississippi, where the northern boundary line township twenty-two strikes said river, and running thence east along said line, to the dividing line between ranges number seven and eight, east of the fourth principal meridian; thence north along said dividing line to the northern boundary line of this state; thence west with said line to the Mississippi river; thence down the Mississippi river, to the point of beginning, shall constitute the county of Jo Daviess.5

Sec. 4. That all that tract of country included within the following boundaries, viz: Commencing at the north east corner of township number forty-two north, range number eight, east of the third principal meridian, and running thence south, to the south east corner of township number thirty-seven, range number two, east of the third principal meridian; thence north with the range line, between two and three, to the northern boundary line of township number forty-two;

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thence east along said line to the place of beginning, shall constitute a county to be called Kane.6

Sec. 5. That all that tract of country included within the following boundaries, viz: Commencing at the south west corner of township number nineteen north, range eight, east of the fourth principal meridian, and running thence north along the range line, dividing ranges numbered seven and eight east, to the south west corner of township number twenty-six, north of range number eight east; thence east to the third principal meridian; thence south along the line of said meridian, to the south west corner of township number forty three north, of range number one, east of the third principal meridian; thence east with the line dividing townships numbered forty-two and forty-three north, to the south east corner of township number forty-three north, of range two, east of the third principal meridian; thence south with the line between ranges numbered two and three, east of the third principal meridian, to the south east corner of township thirty-seven north; thence west with the line dividing townships thirty-six and thirty-seven north, to the south west corner of township thirty-seven north; thence south with the third principal meridian, to the south east corner of township number nineteen, north of range eleven, east of the fourth principal meridian; thence west with the line between townships numbered eighteen and nineteen north, to the place of beginning, shall constitute a county to be called Ogle.7

Sec. 6. And that all that tract of country within the following boundary, viz: Commencing at the south east corner of township numbered nineteen north, of range seven, east of the fourth principal meridian; thence west with said township line to Rock river; thence down8 along the middle of Rock river, to the middle of the Meredocia; thence along the middle of the Meredocia, with the line of Rock Island county, to the Mississippi river; thence along up the middle of the main channel of the Mississippi river, to the point where the north line of township twenty-two intersects the same; thence east with said last mentioned township line, to the south east corner of township twenty-three; thence south with the line between ranges seven and eight, to the point of beginning, shall constitute a county to be called Whiteside.9

Sec. 7. The counties of Winnebago, Ogle, and Kane, hereby created, shall be organized in the following manner, to wit: For the purpose of fixing the permanent seat of justice of Winnebago county, the following persons are appointed commissioners, viz: Robert Stephens, Rezin Zarley, of Cook county, and John Phelps of Jo Daviess

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county, who, or a majority of them, being duly sworn before some justice of the peace of this state, faithfully to take into view the convenience of the people, the situation of the settlements, with an eye to future population, and eligibility of the place, shall meet at the house of Daniel Hart, in said county, on the first Monday of May, or as soon thereafter as may be, and proceed to examine and determine on a place for the permanent seat of justice of said county, and designate the same:10 Provided, That the said county seat shall be located on lands belonging to the United States, if a site for said county seat on such lands can be found equally eligible, or upon lands claimed by citizens of said county; but if such location shall be made upon land claimed by any individual having title or a pre-emption right to the same, the claimant or proprietor upon whose claim or right of pre-emption, the said seat of justice may be located, shall make a deed in fee simple to any number of acres of said tract, not less than twenty, to the said county; or in lieu thereof, such claimant, or owner or owners of such pre-emption right, shall donate to the said county, at least three thousand dollars, to be applied to building county buildings, within one year after the location of said county seat; and the proceeds of such quarter section, if the said county seat shall be located on government lands, or the proceeds of such twenty acres of land, if it be located on the pre-emption right of an individual or individuals, or the said three thousand dollars, in case such pre-emption right owner or owners, shall elect to pay that sum in lieu of the said twenty acres, shall be appropriated to the erection of a sufficient court house and jail.

Sec. 8. Until public buildings shall be erected for the purpose, the courts shall be held at the house of Germanicus Kent, or of Daniel Hart, as the county commissioners shall direct.

Sec. 9. An election shall be held at the house of Germanicus Kent, in said county, on the first Monday of May next, for one sheriff, one coroner, one recorder, one county surveyor, and three county commissioners, who shall hold their offices until the next succeeding general election, and until their successors are qualified; which said election shall be conducted in all respects, agreeably to the provisions of the law regulating elections: Provided, That the qualified voters present, may elect from among their own number, three qualified voters to act as judges of said election, who shall appoint two qualified voters to act as clerks.

Sec. 10. For the purpose of fixing the permanent county seat of Kane county, the following named persons, are

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appointed commissioners, viz: James B. Campbell, of Cook county, L. Kimball, of La Salle county, and Thomas Ford, of Peoria county, who, or a majority of them, being first duly sworn before some justice of the peace of this state, as required in the seventh section of this act, shall meet at the house of Abraham Holderman in La Salle county, on the third Monday in April next, or within sixty days thereafter, and shall proceed as is required in the seventh section of this act, to locate the county seat of said Kane county.11

Sec. 11. For the purpose of fixing the permanent county seat of Ogle county, Charles Reed, of Cook county, James L. Kirkpatrick, of Jo Daviess county, and James B. Campbell, of Cook county, are hereby appointed commissioners, who, or any two of them, being first duly sworn before some justice of the peace of this state, as is required by the seventh section of this act, shall meet at the house of Oliver W. Kellogg, in said county, on the first Monday in May next, or within sixty days thereafter, and shall proceed in all respects as is required in the seventh section of this act, where the same is applicable.12

Sec. 12. The county and circuit courts of said Kane and Ogle counties, shall be held at such place as the county commissioners’ courts respectively, shall appoint; and the circuit judge of the sixth judicial circuit, shall have power to fix the times for holding circuit courts in said Winnebago, Kane, and Ogle counties, as in his discretion he may think will best promote the public good; which said counties shall be attached to, and form a part of the sixth judicial circuit.

Sec. 13. And elections shall be held in said Kane and Ogle counties, for county officers, in the following manner, viz: In the county of Kane, at the house of James Herrington, on the first Monday in May next; and in the county of Ogle, on the first Monday in April next, at the house of John Phelps, and shall be regulated and conducted in the same manner as is prescribed in the ninth section of this act, where the same is applicable.

Sec. 14. It shall be the duty of the clerks of the circuit courts of the counties hereby organized, to give notice at least ten days previous to the elections to be held, as is above provided in said counties; and in case there shall be no clerk in said counties, it shall be the duty of the clerk of the commissioners’ court of Jo Daviess county, to give notice for the elections to be held in the counties of Winnebago and Ogle; and for the election to be held in the county of Kane, notice shall be given in like manner by the clerk of the county commissioners’ court of Cook county.

Sec. 15. The citizens of the counties hereby created, are entitled in all respects to the same rights and privileges, as are allowed in general to other counties in this state.

Sec. 16. The counties of Winnebago, Whiteside, and Ogle, shall continue to form a part of the county of Jo Daviess, until they shall be organized according to this act, and shall continue to be attached to said county in all general elections, until otherwise provided by law. The county of Kane, shall continue to form a part of the county of La Salle, until it shall be organized; and the voters of said county shall vote with said county of La Salle, in all elections for state officers. The county of McHenry, shall continue to form a part of the county of Cook until it shall be organized;13 and the voters of said county, shall vote with the county of Cook in all general elections, until otherwise provided by law. After the organization of Ogle county, the county of Whiteside shall be attached to the said county of Ogle, for all judicial and county purposes, until it shall be organized.

Sec. 17. The commissioners appointed to locate said county seats, shall receive the sum of one dollar and fifty cents per day, for each day by them necessarily spent in discharging the duties imposed on them by this act, to be allowed by the county commissioners’ courts of said counties respectively, and to be paid out of the county treasuries respectively.

Sec. 18. No one of the counties created by this act shall be organized, and no election hereby authorised, shall be held, until a petition shall be presented to the judge of the sixth judicial circuit, or in his absence, some other circuit judge, signed by a majority of the voters of the county asked to be organized, and proof made before such judge, that such county contains at least three hundred and fifty white inhabitants; and upon such petition being presented, and such proof made, the said judge is hereby authorised and required to grant an order for the election of county officers, naming the day for such election; the place at which such election shall be held, the description of officers to be elected, and appointing the judges of elections; and the said judges of election shall give public notice of said election, by posting up notices in at least four public places in the county; and such election shall be held and conducted in all respects as other elections.

Sec. 19. The judges of elections shall deliver to each officer elected, a certificate of his election. The poll books shall be retained by them, until a clerk of the county commissioners’ court shall be appointed, and then deliver

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said books to such clerk; they shall also transmit to the secretary of state, an abstract of the votes given at such election, in the same time, manner and form as is required of clerks of county commissioners’ courts in elections in other counties in this state.

Sec. 20. After the election of county officers, as herein provided, the persons elected county commissioners, are hereby authorized to administer the oaths of office to each other; and they are severally authorised to administer the oaths of office to all other county officers. And said commissioners shall, within ten days after their election, meet together as a court, appoint a clerk, and lay off their county into justices’ districts, and order elections to be held for justices of the peace and constables, at a time to be fixed by them; and justices of the peace and constables elected shall hold their offices until others are elected and qualified under the law providing for the election of justices of the peace. The clerks of county commissioners’ courts shall deliver to each person elected justice of the peace and constable, a certificate of such election; and each person elected justice of the peace is hereby authorized, upon executing bonds as required by law, to enter upon the duties of his office, and to exercise and perform all the duties of justice of the peace, as fully as though such power had received a commission from the Governor.

This act shall be in force from its passage.

Approved, Jan. 16, 1836.