A bill, for “An act, to dispose of the territory lying west of the Illinois ^river ,^ in the county of Putnam and for other purposes.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Township fourteen north, range Eight, and the west half of nine, East of the fourth principal Meridian, shall hereafter constitute and be part of the county of Bureau.
Sec. 2. That Townships twelve, thirteen, and fourteen north, of ranges five, six, and seven east of the fourth principal meridian, shall constitute a new County, to be called, Stark.
⋄Sec 2. That Townships twelve and thirteen north of ranges five, six, and seven East, and Township fourteen north of ranges six, and seven East, of the fourth principle Meredian, shall constitute a new County to be called Stark⋄
Sec. 3. That the county commissioners Courts of the Counties of Beaureau[,] Putnam, Marshall[,] and Stark, are hereby authorised and empowered to vacate, locate[,] and re-locate all roads within their respective counties, and to use and exercise exclusive jurisdiction in the premises.
Sec. 4. The County Commissioners, when elected, of the county of Marshall, are hereby authorized and empowered, and it is hereby made their duty to commence suit against the Treasurer of Putnam County and his securities, for the sum of Three thousand two hundred and ninety dollars, with interest thereon at the rate of twelve per Cent per annum, from the time of loaning the same until paid, it being the one third part of the sum appropriated by the act “establishing &, maintaining a general System of Internal Improvement” to the county of Putnam, apportioned and paid over to the said Treasurer of Putnam
<Page 3>county, by the fund commissioners. And by the act “establishing the County of Marshall, given to said County of Marshall,[”] unless said Treasurer of the County of Putnam shall promtly, upon demand pay, to the Commissioners of the County of Marshall, said sum of three thousand two hundred and ninety dollars, with interest as aforesaid, Provided however, that nothing in this act shall be so construed, as to release the present Commissioners of the County of Putnam from any liability, which they may have incurred, by illegally authorizing the funds aforesaid, to be used for any other object, except that for which they were legitimately appropriated
Sec. 5. The Commissioners of the county of Marshall Stark, when elected, shall proceed immediately to demand of the County Treasurer of Putnam County, the one sixth part of nine thousand eight hundred and seventy dollars paid him by the fund Commissioners, together with twelve per cent pr annum interest upon the one sixth part of the sum aforesaid, and should the Treasurer of the County of Putnam fail promtly, to pay over the sum aforesaid, Then it is hereby made the duty of the County Commissioners of the County of Stark, to bring suit against the Treasurer of Putnam County and his Securities, for the sum aforesaid, it being One thousand Six hundred and forty five dollars, together with interest as aforesaid, from the time of loaning said money—until paid—said sum being hereby appropriated to the County
<Page 4>of Stark to be applied agreeably to the provisions of “an act to establish and mantain a general System of Internal Improvements, [”]Provided however, That nothing in this act shall be so construed, as to release the present Commissioners of the County of Putnam from any liability, which they may have incurred, by illegally authorizing the funds aforesaid to be used for any other object, except that for which they were legitimately appropriated.
Sec. 6. The County Commissioner’s Court of the County of Putnam are ^is^ hereby fully authorized and empowered, to construct a road across the river bottom opposite the town of Hennepin in the county of Bureau, and together with the County Commissioners Court of the County of Bureau, to exercise such controll over said road when constructed, as may be agreed on by them,
Sec. 7. William Fenn of Marshall County, D. G. Sailsbury of Bureau County and Campbell Wakefield of McLean County are hereby appointed commissioners to locate the county seat of Stark County, and they or a majority of them, shall meet on the second Monday in April next, or, as soon thereafter as convienient, at the House of Elijah McClanahan^s^ Sr, in said county, and being first duly sworn to observe the provisions of this act, shall proceed, to locate the County seat of said County, taking into consideration the best interest of the present and future population, and should they locate the county seat on Government land, the County Commissioners Court of the county of Stark, shall as soon, as convienient purchase the same for the use of the County, 2
<Page 5>but should the county seat be located on private land, the commissioners making said location shall required a donation of not less than fifty acres of land, to be conveyed to the county Commissioners Court of said County of Stark, for the use of said County, by deed with general Warrantee, the title to be good and valid, beyond the possibility of doubt, and when said county seat is thus located it shall be, and forever remain the County seat for the county of stark, and the proceeds of the sales, of the lots or land, so far as may be necessary, shall be faithfully applied to the erection of Public buildings.3
Sec. 8. ^Sec 7^ That the legal voters of the county of Stark, shall meet at the house of Elijah McClanahan sr, in said County, on the first Monday in April next, and proceed to choose their own Judges and Clerks, who, after being duly sworn, shall proceed to open the polls and hold an election, for the purpose of electing County officers. It shall be the duty of Moses Boardman, or in case of his absence, any Justice of the Peace within the bounds of said County, to give at least ten days notice of the time and place of holding said election, and when said election is over, to give certificates of election, to the persons elected County commissioners, and make returns to the Secretary of state for county officers.
Sec. 8. The County Commissioners of said County of Stark, shall meet at the house ofElijah McClanahan Senior, within ten days after
<Page 6>their election, and a[ft]er [bei]ng qualified, shall proceed, to lay off said County into Justice’s districts and road districts and Order elections for all Justices of the Peace and Constables, to levy a tax for all county purposes for the present year, unless the revenue law shall be changed, and to do, and perform all the duties required of County Commissioner’s Courts by law.
Sec. 9.4 The courts of said county shall be held at such place as the county commissioners ^Court^ may designate, until a suitable preperation can be made at the county seat which County seat when located, shall be called Toulon, said county shall form a part of the same Judicial circuit with the Counties of Putnam and Marshall, and the circuit Court shall be held for said County twice in each year at such time as the Judge of the said Circuit may designate.
Sec. 10.5 The qualified voters of the county of Stark in all elections, except County elections shall vote with the senatorial and Representative district composed of the Counties of Peoria, Putnam, Bureau, and Marshall until otherwise provided by law, but shall make election returns, to the secretary of state in the same manner that is now required by law from other Counties in this state.
sec. 12. ^11.^ It shall be the duty of the clerk of the county commissioners Court of Stark County, to make the returns of election for representative to the General Assembly. to the clerk of the county of Putnam, and the returns for Senator to the County of Peoria, and shall proceed to compare said election returns, as is now required by law in the Senatorial and representative districts.
[ certification ]
Passed the H. R. Feby. 23, 1839D. Prickett Clk[Clerk].
Sec. 13. The commissioners appointed by this act, to locate the county Seat shall each receive the sum of three dollars pr day for each day they may be necessarily employed in the location of the same, which compensation shall be paid out of the County Treasury of said County.6
[ docketing ]
[ docketing ]
[ docketing ]
1This image is an additional representation of the previous page with the slip of paper folded back to reveal the underlying text.
2The words “Struck out H R” appear over the deleted text.
3The words “Struck Out H R” appear over the deleted text.
6The words “Struck Out H R” appear over the deleted text.
Handwritten Document, 9 page(s), Folder 285, HB 342, GA Session 11-1, Illinois State Archives [Springfield, IL]