An act permanently to locate the seat of Justice of the County of De Kalb
Sec[Section] 1. Be it enacted by the people of the State of Illinois represented in the General assembly, That on the first Monday in August next the qualified voters of the County of De Kalb, who shall have resided within said county for thirty days next preceeding the day of election, shall vote for or against the removal of the county seat from its present location, and if it shall appear from the returns of the said election that a majority of all the votes given shall be in favor of a removal of the county seat, and also that a majority of all the votes given shall be in favor of any other place within said county, then said county seat shall be removed and the place receiving the number of votes required by this act shall be and for ever remain the permanent seat of Justice of the said county of De Kalb.
Sec. 2. If a majority of the votes given shall be in favor of a removal of the county seat, and no other place shall receive a majority then a second election shall be held on the third Monday of August 1840 the said month of August, and a selection shall be made from the two places receiving the highest number of votes at the first election.
Sec 3. It shall be the duty of the clerk of the county commissioners court to cause notices of the elections contemplated by this act to be posted up at three of the most public places within each precinct at least twenty days previous to the day of the first election; and ten days previous; to the second election and the sheriff of the said county of De Kalb shall post up said notices.

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Sec 4 The Judges of election within the several precincts shall cause separate columns to be ruled in the respective poll books, in which to record the votes for and against the removal of the county seat also columns in which to record the votes given for each place, and the returns of said elections shall be made and the votes counted in the same manner that is required by the laws of this state regulating elections.
Sec 5. Donations of land shall be received at least twenty days previous to the first election provided for by this act; and any person or persons offering donations of land shall file with the treasurer of said county a good and sufficient bond with approved security to be accepted by the said treasurer, binding said donor or donors to execute a deed of general tenure to the said county of De Kalb for any quantity of land not less than one hundred and sixty acres and on which the public buildings shall be erected, or donate to the county of De Kalb three thousand dollars, or erect within eighteen months from and after the passage of this act, A court house the estimated value of which shall be at least three thousand dollars and which to be accepted by the county commissioners of said county, and no place shall be considered as eligible for the location of the county seat unless the provisions of this section shall be fully complied with.
Sec 6 It shall be the duty of the county commissioners court to cause special entries to be made of record of the result of the said elections, and file and preserve the poll books for inspection; to lay off into lots and dispose of any donation that may be received, to the best advantage
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the poll books for inspection; to lay off into lots and dispose of any donation that may be received, to the best advantage for the interests of the county; also to dispose of the present county buildings and other property, should the county seat be removed, the proceeds of which shall be applied to the erection of public buildings, which shall be erected without unnecessary delay.
sec. 7. In case the seat of justice shall be removed, all the books, papers[,] and records belonging or appertaining to the county of De Kalb shall be removed to the place selected, as soon as suitable buildings can be obtained. And the Circuit Court of the said county shall be holden at such place as may be determined by the Judge presiding in the ninth judicial Circuit on the first day of the term thereof; and which determination or decission of the said Judge shall prevent a dismissal or discontinuance of any suit in law or in equity or any other legal proceedings heretofore commenced and now pending or which may be hereafter commenced, on account of process being made returnable at any other place in said county, until the county seat shall be permanently located and public buildings erected in accordance with the provisions of this act, any law to the contrary notwithstanding.
sec. 8. That the act entitled “an act to relocate the seat of Justice of the county of De Kalb,” be, and the same is hereby repealed.
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01/13/1840
Passed Jany. 13. 1840
J. Calhoun clk.[clerk] H. Reps

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[ docketing ]
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No 14
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to be enrolled
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A Bill for an act permanently to locate the seat of Justice of the County of De Kalb.
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Moore
Churchill
Dunn
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47
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Refd Select .com.
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[12]/[17]/[1839]
Engrossed
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62
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20
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[01]/[21]/[1840]
Passed as amended
1These legislators formed the select committee in the Senate that considered the bill.
Illinois Senate Journal. 1839. 11th G. A., special sess., 127.

Handwritten Document, 4 page(s), Folder 26, HB 27, GA Session 11-S, Illinois State Archives (Springfield, IL) ,