A Bill for “An act for the formation of the County of Allen”
Sec[Section] 1st Be it Enacted by the people of the State of Illinois represented in the General assembly, That all that tract of Country lying within the following boundries to Wit. Beginning at the North West corner of Macoupin County runing due South Six miles to the South West corner of Section thirty One Township Twelve
North Range Nine West Thence due East Twenty miles to the South East corner of Section
thirty two Township Twelve North Range Six West. Thence due North Six miles to the
South East corner of section thirty two Township Thirten North Range Six West Thence due West to the South East corner of Section thirty Six.
Township thirteen North Range Seven West. thence due North on the Range line between
Ranges six and seven to the middle of Township fifteen North Range on the Range line between Ranges six and seven, Thence thirteen
^twelve^ miles due West to the North West
^East^ corner of section twenty four. Township fifteen North Range Nine West. Thence due
South five miles to the North West
^East^ corner of Section thirteen Township fourteen North Range Range Nine West Thence due West one
^two^ miles, Thence due South one mile Thence West one mile, Thence South three miles Thence
West three miles to the North West corner of Section Six Township thirteen North Range
Nine West Thence due South Six miles to the place of beginning all West of the third
principal meridian Shall form and constitute the County of Allen.
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Sec 2nd There shall be an Election held at the different places of voting for Justices of
the peace and constables in the limits of said county of Allen the Election shall
be conducted by the present Judges of Election in said county who have been appointed
by the counties of Morgan Macoupin and Sangamon. according to the Election Laws of this State, at which Election the Legal voters
of the county of Allen shall Elect all county officiers for the county who shall be qualified and commissioned as Similar officiers are in other counties of this state. Said officiers so Elected and qualified shall hold their officers until the next ensuing regular Election for such officiers now provided by law and shall have the same Jurisdiction and discharge all the duties
in the limits of the county of Allen that are required by law of similar officiers in other counties of this state Said Election to be held on the third
^
third
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^first^ Monday in March
^
April
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^September^ next.
Sec 3rd Within five days after said Election the Judges of Election at the different places
of voting. shall return the poll books of said Election to the Town of Waverly directed to John T. Webb F. R. Starr and John Scott there acting Justices of the peace in the Courts of said County and the said Justices
Shall meet in the town of Waverly within seven days after Said Election and proceed to open said Election returns and
to do and perform all the duties in relation to said
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returns that are required by law of the clerks of county commissioners courts in relation to similar returns
Sec 4th As soon as the county officiers shall have been Elected and qualified as provided for in this act the county shall
be considered organized and the clerk of the county Commissioners court shall give notice of the same to the Judge of the first Judicial Circuit who shall appoint a clerk of the circuit court and shall hold courts in the said county. at such place as may be provided and designated
by the county commissioners of said county untill the county seat of said county shall be located as herein after provided for said
county of Allen shall form a part of the first Judicial circuit untill otherwise directed by law.
sec 5th Suits and indictments that have been Commenced or may here after be Commenced in
the circuit courts of the counties of Sangamon Morgan or Macoupin by any of the citizens living in the limits of the county of Allen before the organization
thereof shall not be effected by this act but all such suits so commenced shall be
decided in the circuit of court in the county where the were commenced
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Sec 6
[th?]
All Justices of the peace and Constables Elected in the counties of Sangamon Morgan or Macoupin who reside in the limits of Allen shall hold their officies and have Jurisdiction in the said county of Allen as though they had been originally
Elected in the said county.
Sec 7 The School Funds belonging to the several Townships in the said county of Allen
and all Notes and Mortgages pertaining to the same shall be paid and delivered over
to the school Commissioner of the County of Allen by the School Commissioners of the
counties of the counties of Sangamon Morgan and Macoupin, so soon as the said county shall be organized and the Commissioner of school lands
appointed and qualified according to law. to gether with all Interest arising out
of said money. that has not been heretofore Expended for school purposes in those
parts of the counties of Sangamon Morgan and Macoupin now included in the county of Allen.
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Sec 8th At the time and places of voting for county officiers as provided for in this act the Judges of Election shall cause three columns to be
ruled on the poll books of said Election at the head of which each of said columns a separate place shall be Entered as a candidate for the county seat of the said county of Allen,
the places to be agreed upon by the voters of said county in any manner they may see
proper to decide upon that question previous to the vote being taken for said county
seat all the legal voters of the county of Allen shall be allowed to vote for one
of the places designated on the poll books as a candidate for the county Seat and
after the poll books shall have been opened and counted as provided in the second
section of this act if it shall appear that either of the three points has received
a majority of all the votes given for the location of the county seat the place so
receiving a majority votes shall be and remain the permanent seat of Justice for said
county of Allen, upon the conditions hereinafter provided. but if on the votes being
counted it shall appear that no one of the three places voted for shall [have?] not have received a majority of all the votes given, the three Justices of the peace
mentioned in this act shall cause notice to be given to the Judges of Election at
the different places of
...?] votes and the place having received a majority of all the votes given shall be
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voting in the county of Allen, and designated in said notices a day upon which to
hold a second Election for the location of a seat of Justice for said county. the
Judges of Election on receiving said notice from the Justices of the peace shall proceed
to give public notice of said Election by posting up written notices in four of the
most public places in their respective Districts and the said Judges of Election
shall attend on the day of Election and cause a poll to be opened with two colums ruled at the head of which shall be entered the two places which shall have received
the highest number of votes for the county seat at the first Election and receive
and cause to be recorded all the Legal votes of persons living within the limits of
the county of Allen for their respective choices for the permanent location of the
county seat for said county. and after
^within^ three days of
said Election after said Election the Judges of Election shall return their poll books to the Town
of Waverly directed to the three Justices of the peace mentioned in this act, and the said Justices
shall meet in the Town of Waverly within five days after said Election and open and count the [<Page 12>
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and remain the permanent seat of Justice of Allen County, under the provisions set
fourth in the following section of this act the provisions of said section shall apply to
the location of the county seat whether located at the first or second Election provided
for in this act
Sec 9 If the county seat shall be located on private property the owner or owners thereof
shall convey to said county a sufficient sum either in land or money or both to erect
the necessary public buildings, and if the owners or owners of the property upon which said location shall be made shall fail or refuse
to convey to said county a sufficiency as aforesaid then the county commissioners of said county shall proceed to relocate the county seat upon the nearest Eligible
site to said first location that can be obtained and a proper donation made by the
owner or owners of the property upon which said location shall be made by the county
commissioners, and the county commissioners shall do and perform all acts that are
necessary in laying out a Town an and selling lots and procuring the Erection of public buildings at the county seat
when the same shall [be?] located under the provisions of this act.
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sec 10. At the Election to be held for members of Congress on the first Monday in August next the Judges of Election in the counties of Sangamon ^Morgan^ and Macoupin shall rule two colums on their poll books one for and the other against the formation of the County of
Allen, and receive and cause to be recorded all the legal votes offerred for or against the formation of said county and return the same with the poll Books
to the office of the secretary of state. It hereby made the duty of the secretary
of state within ten days after the said returns are made to his office to proceed
to count the votes given both for and against the formation of the county of Allen
and if it shall appear that a majority of all the votes given ^in each of said Counties^ for or against said county are in favor of its formation then the said secretary
shall cause notice thereof to be given in the paper of the public Printer and said
county shall be organized as provided for in this act. otherwise this act shall be
null and void.
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[ docketing
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“A Bill for an act for the formation of the county of Allen[...?]”
[ docketing
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[02]/[22]/[1841]
[02]/[22]/[1841]
Ord. Eng.[Ordered Engrossed]
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4
Handwritten Document, 16 page(s), Folder 169, HB 234, GA Session: 12-2,
Illinois State Archives [Springfield, IL]