In force, Feb.[February] 9, 1839.
AN ACT to create the county of Du Page.
1
Boundaries of Du Page co.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That all of that tract of country lying within the following boundaries, to wit: Commencing on the east line of Kane county, at the division line between section eighteen and nineteen, in township thirty-seven north, range nine east of the third principal meridian, pursuing the same line eastward until it strikes the Des Plaines river; thence following the said river up to the range line between township eleven and twelve east of the third principal meridian; thence north, on said line, to the township line between forty and forty-one; thence west, on said line, to the east line of Kane county; thence, south, on the east line of Kane county, to the place of beginning, shall constitute a new county by the name of Du Page; Provided, always, That no part of the county above described,
<Page 2>
now forming a part of Will county, shall be included within the said county of Du Page, unless the inhabitants now residing in said part of Will county shall, by a vote to be given by them at the next August election, decide, by a majority of legal voters, that they prefer to have the said territory make a part of the said county of Du Page.2
Election, where held.
Judges of election.
Sec. 2. An election shall be held at the Pre-emption House, in Naperville, on the first Monday in May next, by the qualified voters of said county, for county officers; who, when qualified, shall hold their offices until the next general election: said election shall be conducted, and returns thereof made to the clerk of the county commissioners’ court of Cook county, as in other cases; and said clerk shall give certificates of election. And when said county commissioners shall be elected and qualified, the county of Du Page shall be duly organized. S. H. Skinner, Stephen J. Scott, and Louis J. Butler, are hereby appointed judges of said election.
Attached to 7th Jud’l[Judicial] Circuit.
Sec. 3. Said county of Du Page shall be attached to the seventh judicial circuit, and the judge of said circuit shall fix the terms of said court therein; two of which shall be held in said county, annually, at Naperville, where the county commissioners may direct until the county buildings are completed.
County seat.
Proviso.
Sec. 4. For the purpose of locating the permanent seat of justice for said county of Du Page, the following named persons are hereby appointed commissioners, to wit: Ralph Woodruff of La Salle county, Seth Reed of Kane county, and Horatio G. Loomis of Cook, who, or a majority of them, shall meet at the Pre-emption House in Naperville, on the first Monday of June, or within thirty days thereafter, and, first being duly sworn by some justice of the peace, shall proceed to locate the seat of justice for said county, at the most eligible and convenient point: Provided, That said commissioners shall obtain for the county, for the claimant, a quantity of land, not less than three acres, and three thousand dollars for the purpose of erecting county buildings; which sum shall be secured to the county commissioners, and paid out, under their directions, for the purposes aforesaid.
Comm’rs’[Commissioners'] pay.
Sec. 5. The commissioners appointed to locate said county seat shall each be allowed the sum of three dollars per day, for each day by them necessarily employed in the performance of that duty, to be paid out of the treasury of said county.
Sec. 5. The qualified voters of the county of Du Page, in all elections except county elections, shall vote with the district to which they belong, until the next apportionment; and shall, in all respects, be entitled to the same privileges and rights as in general belong to the citizens of other counties in this State.
Approved, February 9, 1839.
1Joseph Naper presented a petition of the citizens of Cook and McHenry counties to the House of Representatives on December 29, 1838, requesting the creation of a new county. Naper presented HB 98 on January 3, 1839, and the House referred it to the Committee on Counties, of which Abraham Lincoln was a member. The committee reported back on January 11 without amendment. The House passed the bill on January 16. The Senate referred the bill to a select committee on January 18. The committee reported back on January 23 and recommended sundry amendments to which the Senate concurred. On February 4, the Senate passed the bill. The House concurred on February 5. The Council of Revision approved the bill on February 9 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 147, 158, 196, 217, 219, 344, 349-50, 368, 374, 379; Journal of the Senate (Vandalia, IL: William Walters, 1838), 180, 189, 213, 272, 285, 309.
2The Senate passed an amendment on January 23, 1839, replacing the text of this section.
Journal of the Senate (Vandalia, IL: William Walters, 1838), 213.

Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 73-74, GA Session: 11-1,