Sec[Section]. 1. Be it enacted by the People of the State of Illinois represented in the General Assembly,
That all that tract of Country within the following boundaries, to wit; commencing
on the northern Boundary of the State where the section line between sections three and four in town twenty nine north,
range five east of the fourth principal Meridian, strikes said line, thence East on the northern boundary of the
State to the range line between ranges nine and ten east, thence south on said range line
to the northern boundary of Ogle County, thence west on the northern boundary of Ogle County to, and passing the north West corner of the County to the line between section thirty
three and thirty four in township twenty six north, range five East, thence north
to the place of Beginning, shall form a County to be called Stephenson, as a tribute of respect to the late Col. Benjamin Stephenson.
Sec. 2. That the boundaries of Winnebago County shall be as follows, to wit; commencing on the State line at the north East corner of the County of Stephenson, thence east on the State line, to the section line between sections five and six, in township forty six north
Range three east of the third principal Meridian thence south on said section line
to the south [bou?] of township forty three north, range three east [?] said township line to the third principal Meridian, thence north on said Meridian
to the South East corner of township twenty six north, range eleven East of the fourth principal Meridian, thence West on said line to the range line between ranges nine
and ten East, thence north to the place of beginning.
Sec 3. And that all that tract of Country beginning at the north East corner of Winneba[go Cou]nty
<Page 2>
and running thence East on the north [boun?] the ^2^ State, to the ^x^ section line between section three and four in Township forty six north, range six
east of the third principal Meridian, thence South on said line to the south boundary
of Township forty three north, range six east of the third principal Meridian, thence
West on said line to the south East corner of Winnebago County to the place of beginning ^x^ on the north boundary of the State, shall form a County to be called Boone, in memory of Col: Daniel Boone, the first settler of the State of Kentucky.
Sec 4. That all that tract of Country, beginning at the ^2^southWest corner of Township thirty seven north, Range two east of the third principal Meridian,
thence north to the north West corner of township forty two north, range two east of the third principal Meridian,
thence along the northern boundary of township forty two in Ranges two, three, four
and five east of the third principal Meridian, thence South on the Range line between
ranges five and six East, to the south east corner of township thirty seven north,
range five east, thence West on said township line to the place of beginning, shall
form a County ^x^ to be called Benton.
Sec. 5. The Counties of Stephenson, Boon and Benton hereby created shall be organised in the following Manner, to wit; for the purpose of fixing the permanent seat of
Justice of Stephenson County, the following persons are appointed Commissioners viz: Vance L. Davidson and Isaac Chambers of Joe. Davies County and Minor York of Ogle 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
<Page 3>
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 William Baker in said County on the first Monday in May next, or as soon thereafter as may be, and proceed to
examine and determine, on a place for the permanent Seat of Justice for said County, and designate the same, Provided, that said County seat shall be located upon lands belonging to the United States, not occupied by
Citizens of said County, 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 in said County, or any individual having pre-emption right or title to the same, the claimant or
proprietor upon whose lands, claim or pre-emption right the said seat of Justice may
be located shall make a deed in fee-simple to any number of acres of said tract; nor
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 County seat shall be located upon Government lands as aforesaid; or the proceeds of such
twenty acres of land, if it be located on lands claimed or owned by an individual
or individuals, or the said three thousand dollars, in case such claimant, or 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. And until public
buildings are erected for the purpose, the Courts shall be held at such place as the
County Commissioners shall direct.
<Page 4>
Sec 6. An election shall be held at the House of William Baker, in said County, on the first Monday of May next, for one Sheriff, one coroner, one Recorder, one
County Surveyor, three County Commissioners and one clerk of the County Commissioners Court, who shall hold their offices until the next succeeding general election, and until
their successors are elected and 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 7. For the purpose of fixing the permanent County seat of Boone County, the following named persons, are hereby appointed Commissioners, viz; Germanicus
^John^
Kent
^M Wilson^ of Winnebago
^Will^ County, James Day of La Salle County, and A. V. Bogue
^James H Woodworth of Cook^
of
Ogle County, who, or a majority of them, being first duly sworn before some Justice of the Peace
of this State, as required in the fifth section of this act, shall meet at the house of Simon P. Doty in said County on the fourth Monday in April next, or as soon thereafter as May be, and shall proceed
as is required in the fifth section of this act, to locate the county seat of said
Boone County.
Sec. 8. For the purpose of fixing the permanent seat of Justice for the County of Benton, Benjamin Thurston of La- Salle County James Walker of Cook County and Germanicus Kent of Winnebago County are hereby appointed Commissioners, who, or a majority, being first duly sworn before
some Justice of the Peace of this State, as is required by the fifth section of this act, shall meet at the House of
<Page 5>
Frederick Love in said County, on the first Monday in June next or as soon thereafter as may be, and shall proceed
in all respects, as is required in the fifth section of this Act, Provided, that the qualified voters of Kane County shall meet at the usual places of holding elections in said County on the first Monday in May next and vote for or against the County of Benton, and if a majority of said voters shall be in favour of making the said County, then the County of Benton shall be created, but if it shall appear that there is a majority against the division,
then the said County shall remain as it now is.
Sec 9. The County and
Circuit Courts of said Boone and Benton Counties, shall be held at such place as the County Commissioners Courts, respectively, shall appoint, (until the County Buildings are erected) and the times
of holding the circuit Courts in the Counties hereby created, shall be fixed by the Circuit Judges in whose Circuits
the Counties respectively are situated.
Sec 10. And elections shall be held in said Boone and Benton Counties, for County officers, in the following Manner, viz: In the County of Boone, at the house of Simon P Doty on the first Monday in May next, and in the County of Benton, at the House of Frederic Love on the first Monday in July next; and shall be regulated and conducted in the same
Manner as is prescribed in the sixth section of this act, where the same is applicable.
Sec 11. It shall be the duty of the Clerks of the county commissioners 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 C[Counties]
<Page 6>
it shall be the duty of the Clerk of the[County ] Court of Winnebago County to give notice of the elections to be held in the Counties of Stephenson and Boone, and for the election to be held in the county of Benton, notice shall be given in like manner by the Clerk of the Commissioners Court of Kane County.
Sec 12. The Citizens of 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. 13. The Counties of Stephenson and Boone shall continue to form a part of the County of Joe- Davies until organised, and when organized, according to this act, shall continue attached to the County
of Joe- Davies in all general elections; until otherwise provided by Law. The County of Benton shall continue to form a part of the County of Kane until it shall be organized, and shall vote with the County of La- Salle in all general elections until otherwise provided by Law.
Sec. 14. The Commissioners appointed to locate said County Seats, shall receive the sum
of two dollars per day, for each day necessarily spent by them in discharging the
duties imposed on them by this act, to be allowed by the County Commissioners, and to be paid out of the County treasuries respectively
Sec 15. The Judges of elections shall deliver to each officer elected, a certificate
of his election. The poll book shall be retained by them, until the Clerk of the County commissioners Court shall be qualified, and then deliver the said poll books to such Clerk, who shall
make, and transmit to the Secretary of State, an abstract of the votes, given at
<Page 7>
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 16. After the election of County officers, as herein provided, the persons elected
County Commissioners, are hereby authorised 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, 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 the 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 authorised, 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 person had received a commission from the Governor.
This act shall be in force, from, and after its passage.
<Page 8>
[ docketing
]
No 238.
[ docketing
]
An act to create certain Counties therein named.
[ docketing
]
[03]/[03]/[1837]
[03]/[03]/[1837]
passd as amd[Amended]
[ docketing
]
[02]/[20]/[1837]
[02]/[20]/[1837]
Engrossed
1These senators formed the select committee that considered the bill in the Senate.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 540
Handwritten Document, 8 page(s), Folder 202, HB 216, GA Session 10-1, Illinois State Archives (Springfield, IL) ,