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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No 14
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to be enrolled
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Moore
Churchill
Dunn
Churchill
Dunn
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47
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Refd Select .com.
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[12]/[17]/[1839]
[12]/[17]/[1839]
Engrossed
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62
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20
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[01]/[21]/[1840]
[01]/[21]/[1840]
Passed as amended
Handwritten Document, 4 page(s), Folder 26, HB 27, GA Session 11-S, Illinois State Archives (Springfield, IL) ,