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Sec.[Section] 1. Be it enacted by the People of the State of Illinois Represented in the General Assembly.
That the owners of any entire block of lots in the town of Winnebago in the county of Winebago be and they are hereby authorized to enclose the said block with the alleys passing through the same.
That the owners of any entire block of lots in the town of Winnebago in the county of Winebago be and they are hereby authorized to enclose the said block with the alleys passing through the same.
Sec. 2. Where two thirds of the owners; or lawful possessors of any block so enclosed,
shall wish the Alleys thereof re opened they shall give sixty days written notice of such desire to the other parties concerned,
personally, or by leaving a copy of said notice, with some white person over the age
of ten years, at his or her last place of residence if such party or parties shall
reside in said county; but if not, then by posting said notice on the Court house door.
Sec. 3. If the said parties shall fail for the said sixty days to open so much of said
Alley or Alleys as shall pass through his or her possession, the person or persons
desiring the opening of such Alley or Alleys, may go before any Justice of peace of
said county, whose duty it shall be, upon proof being made, of such notice having been given,
as is provided in the second section of this act and of the failure of the adverse
party to open said Alley or Alleys, to give to the person applying an order authorizing
him or her to open or cause to be opened said Alley or Alleys, and the person recieving such order shall have power to cause the same to be opened by building a good and
secure fence on the line of the lots of the adverse party, so as to render his crops,
field, or lots as
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safely enclosed as they were before the opening of said Alley or Alleys.
Sec. 4. When the said Alley or Alleys shall be so opened the person having the order
may go before the Justice who issued said order and file his account for the expence of opening said Alley or Alleys, and the Justice shall issue a summons to the adverse
party or parties to appear as in cases of summons for debt, to show cause why Judgement should not be entered for the whole amount of the account so filed, and at the return
day of said summons, the Justice shall proceed to hear the evidence and enter Judgement against the adverse party or parties for so much of the said account as shall appear
reasonable and Just, and for all the costs that have accrued in issuing said order
and the trial of the said cause
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A Bill for an act to authorize owners of Blocks in the town of Winebago to enclose Alleys in said Blocks
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[01]/[27]/[1840]
[01]/[27]/[1840]
2
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[01]/[27]/[1840]
[01]/[27]/[1840]
Jud[Judiciary]
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31
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01/02/1840
01/02/1840
passed Jan[January] 2nd 1840
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[01]/[30]/[1840]
[01]/[30]/[1840]
Ind post[Indefinitely postponed]
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[12]/[31]/[1839]
[12]/[31]/[1839]
Engrossed
1John Moore of the Committee on Counties, of which Abraham Lincoln was a member, introduced HB
54 in the House of Representatives on December 27, 1839. The House passed the bill on January 2, 1840. On January
27, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on January 30, recommending its rejection, and the Senate indefinitely
postponed further consideration.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 89, 108, 118, 293; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 84, 184, 211.
Handwritten Document, 4 page(s), Folder 53, HB 54, GA Session 11-S, Illinois State Archives (Springfield, IL) ,