In force, Feb.[February] 26, 1839.
AN ACT to permanently locate the county seat of Mercer county.
1Legal voters to vote for co.[county] seat.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the legal voters of the county of Mercer shall meet at the respective places of holding elections in said county, on the third Monday in April next, and proceed to vote for a point or points whereat
to locate the seat of justice for said county; and the point or place so voted for, and receiving a majority of all the votes
given at the said election, shall be and remain the permanent seat of justice of the
county of Mercer, any law to the contrary notwithstanding.
If no place is selected.
2d meeting.
Sec. 2. In the event of no one place receiving a majority of all the votes given at the said
election, it shall be lawful for the legal voters, on the Monday two weeks next following
the third Monday in April, again to meet and vote, and on each Monday two weeks until some one place shall receive
a majority of all the votes given at one election: Provided, however, That the place receiving the lowest number of votes shall not be voted for at any
subsequent election.
Duty of cl’ks[clerks] of election.
Sec. 3. It shall be the duty of the clerks of election, or other authorized person, within
three days after any election, to return the poll-books to the clerk of the county commissioners’ court; and the clerk shall cause the poll-books so returned
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to be preserved with the records of said county. It shall also be the duty of the clerk of the county commissioners’ court to give at least ten days’ notice, at three public places within each precinct, of
the time of holding the election contemplated in the first section of this act, and
six days’ notice of any subsequent election provided for by this act.
If co. seat is removed.
Public buildings.
Sec. 4. If the seat of justice shall be removed from the town of Millersburg, the county commissioners shall require and receive a donation, of not less than forty acres of land, from
any individual or individuals on whose land the county seat may be located according
to the provisions of this act, and on which land, so donated, the public buildings shall be erected; and the remainder of such donation shall be
applied to the erection of the public buildings within said county
Sec. 5. If the seat of justice shall be removed from the town of Millersburg to the town of New Boston, the proprietor or proprietors of said town shall donate to the said county a quantity of land or lots within the limits of said town of New Boston, not less than two acres, and the sum of four thousand dollars in money; one-fourth
of which shall be paid to the county commissioners, or their order, at the commencement of the erection of public buildings; and the
remainder in three equal instalments of six, twelve, and eighteen months, from and
after the date of the first payment.2
Approved, February 26, 1839.
1On February 4, 1839, Representative John Moore of the Committee on Counties introduced the bill in the House of Representatives. On February 13, the House passed the bill. There is no language in the Senate Journal
signifying that the Senate passed the bill; however, the Senate Journal notes on February 26 that the bill was
put before the Council of Revision. On February 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1838. 11th G. A., 1st sess., 338, 352, 393, 515, 517, 531; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 331, 413, 418-19.
2Residents were dissatisfied with the choice of Millersburg as the Mercer County seat
in 1837. This act authorized another election, at which county voters again chose
Millersburg. Agitation continued until 1847, when the legislature authorized another
election, at which voters chose Keithsburg as the seat.
An Act to Establish the County Seat of Mercer County; History of Mercer County (Chicago: H. H. Hill, 1882), 82-83, 120-212; Newton Bateman and Paul Selby, eds.,
Historical Encyclopedia of Illinois and History of Mercer County (Chicago: Munsell, 1903), 636-37
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 188-89, GA Session: 11-1,