Sec. 1. Be it enacted by the People of the, State of Illinois, represented in the General Assembly, That all that part of the now 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.2

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;3 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 exclusively 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 and lots upon which they may stand, shall revert and 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 of holding elections in said county on the first Monday of April, one thousand eight hundred and forty-one, and proceed to elect all county officers, excepting one county commissioner,4 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 until the next regu-

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lar election, and until 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, one thousand eight hundred and forty-one, 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 receiving the highest number of votes, shall hold his office for the term of three years from and after (the) first 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.5

Sec. 6. The county commissioners of said county shall, whenever in their opinion the interest of said county may demand and require 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 county.

Sec. 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, and proceed to open the returns of the election, and in all things perform the duties required of the clerk of the county commissioners’ court 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, one thousand eight hundred and forty-one, shall proceed, together with the proprietors of the 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 deed, when so made, and acknowledged and received, shall be entered upon the records 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 monies, 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 lands located within the county of Henderson, and also its proper proportion of the interest arising from the school, college, and seminary fund;

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the basis of which payment shall be made upon the late census of Warren county.6

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 in 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.

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 first Monday in March as now required, and shall also do and perform all other things necessary and lawful to insure the collection of the State and county revenue in said county of Henderson.7

Approved, January 20, 1841.