Sec[Section] 1. Be it enacted by the people of the state of Illinois represented in the General Assembly, That all that part of the new County of Warren, lying West of Range three West of the fourth principal meridian, be and the same
is hereby created into a new county to be called the county of Henderson
Sec 2. The county Seat of said county of Henderson shall be and is hereby permanently located at the town of Oquawka in said county of Henderson; provided the proprietors of said town of Oquawka, shall donate and convey to the county Commissioners of Henderson county (for the time being) for the use and benefit of said county in fee simple not less than two hundred of the average unsold or unimproved lots
in said town of Oquawka, the proceeds of the sale of said town lots or so much thereof as may be required
shall be appropriated exclusivly to the erection of public buildings
Sec 3. In case of the removal of the county seat from said town of Oquawka, the public buildings & lots upon which they may stand shall revert & become the
property of said proprietors, and their heirs forever thereafter, and also all lots
remaining unsold at the time of removal.
Sec 4. The legal voters of the county of Henderson shall meet at the usual places
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of holding elections in said county, on the first Monday of April 1841 & proceed
to elect all county ^officers^ excepting one county commissioner, and the Justices of the Peace and Constables at
present residing therein, who shall continue to discharge the duties of their offices
respectively, in and for the county of Henderson, in the same manner as though Warren county had not been divided. The officers elected under the provisions of this act, shall
hold their offices untill the next regular election, and untill their successors are elected and qualified
Sec 5. The county commissioners of said county of Henderson shall meet in the town of Oquawka on the third Monday of April 1841, and after being duly qualified, shall proceed
to hold Court and perform such duties as are required by law of other county commissioners Courts; of the commissioners elected under the provisions of this act, the one recovering
the highest numbers of votes, shall hold his office for the term of three years from
and after the 1st Monday in August next, the one receiving the second highest number of votes shall
hold his office for the term of two years from and after that period
Sec 6. The county commissioners of said county shall whenever in their opinion, the interest of said county may demand & require
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the sale of the whole or any part of the lots donated as aforesaid proceed to sell
the same in such manner, and on such terms as they may deem most advisable for the
interest of said countySec 7 The election returns for the officers herein provided to be elected, shall be
made in the same manner, and within the same time as all other elections, except that
the returns shall be made to John B Patterson an acting Justice of the Peace of said county, or in case of his death, or inability to act, any other Justice of the Peace of
said county, who shall call to his assistance two other justices of the Peace of said county, & proceed to open the returns of the election and in all things perform the duties
required of the Clerk of the county commissioners court^s^ and Justices of the Peace in like cases
Sec 8. The county commissioners court at their first term to be holden on the third Monday of April 1841, shall proceed
together with the proprietors of said town of Oquawka to select the number of town lots herein before provided to be donated, and so soon
as the selection shall be made and agreed upon, the proprietors shall immediately
thereupon execute a deed in fee Simple for said lots to the county commissioners for
the time being, for the use and benefit of said county; which
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deed when so made, and acknowledged and received, shall be entered upon the record
of said Court, and also ^be^ recorded as other deeds are in the office of the county recorder
Sec 9 The school commissioner of Warren county shall pay over to the county commissioners of Henderson county upon demand being made by the said county commissioners, or their legally constituted
agent all moneys, notes and other papers which may be in his hands at the time of
such demand, and which may rightfully belong to said county of Henderson, by reason of the sale of any school land located within the county of Henderson; and also its ^proper^ proportion of the interest arising from the School, College & Seminary fund, the
basis of which payment shall be made upon the late census of Warren County
Sec 10 [...?] All officers elected under and pursuant to the provisions of this act, shall be required
to take such oath or affirmation and give such bond and security, as are or may be
required of like officers or other counties, and for a failure so to do, the same
penalties and forfeitures shall apply as in similar cases under the laws of this state
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Sec 11. It shall be the duty of the county commissioners court of the county of Henderson, at their first meeting on the third Monday of April next as is provided in the fifth
section of this act, to proceed to levy a tax for state and county purposes as is
required by the laws in relation to the public revenue, in the same manner as though
they had met on the 1st Monday in March as now required, and shall also do and perform all other things necessary
and lawful to ensure the collection of the state and county revenue in said county
of Henderson
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[ docketing
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No 29
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[12]/[24]/[1840]
[12]/[24]/[1840]
Engrossed
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[01]/[11]/[1841]
[01]/[11]/[1841]
Counties
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[12]/[24]/[1840]
[12]/[24]/[1840]
ord 3
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[12]/[28]/[1840]
[12]/[28]/[1840]
passed
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7
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4
Handwritten Document, 8 page(s), Folder 265, SB 65, GA Session 12-2,
Illinois State Archives (Springfield, IL)