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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 Governor shall, by and with the advise and consent of the Senate, at the present session of the General Assembly, and at each succeeding regular session thereafter appoint the Canal Commissioners,
one of whom shall be President, one other Treasurer, and the other Acting Commissioner,
and the three together or a majority of them, shall constitute the Board of Canal
Commissioners, who shall continu in office for two years, and until their successors shall be commissioned and qualified.
Sec. 2. The Canal Commissioners herin authorized to be appointed, shall exercise the same power, have the same jurisdiction,
perform the same duty, and receive the same compensation now allowed by law to such
officers.
Sec. 3. It shall be the duty of the Canal Commissioners to make a report at the end of
each month to the Auditor in which they shall distinctly show the amount of money
paid out during the month; to whom, when, and for what objects, the payment[s] were severally made, which repo[rt] shall be accompanied by the vouchers
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or duplicates thereof of each payment refered to in the report. The Report shall also show the receipts for the same period by
the said Commissioners.
Sec. 4. The Auditor shall carefully examine the reports and compare them with the vouchers,
noting all errors, defects, if any such errors or defects exist, and immediately communicate
the same to the Canal Commissioners for their correction, and submit the same to the
Governor, together with his opinion thereon, at all times when so required by the
Governor or when the importance of the subject may seem to the Auditor to require
it.
Sec. 5. When ever it shall appear to the Governor, that any or all the said Commissioners
neglect their official duty, or are guilty of malfeasance in office, and whenever
in his opinion, the bublic interest requires the same, he shall remove them or either of them from office, and
appoint his or their successor or successors, who shall continue in office till the
end of the next session of the General Assembly, unless the General Assembly shall be in session at such time; and in such case the removal shall not be made
and appointment take place, unless the Senate advise and consent thereto.
Sec. 6. In the event that the Governor removes any such officer from office, he shall
lay before the Senate at the next session ^There of^ his reasons therefor.
Sec. 7. If any of the Canal Commissioners, appointed under the provisions of this act,
or any Clerk, Engineer, officer[,] or Agent, appointed by the said Commissioners or either of them shall use, lend,
or in any manner
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convert any of the public money, or property, to his or thier own use, or to the use of another, contrary to law, the person or persons so offending
shall be deemed guilty of felony, and on conviction shall be confined in the Penitintiary for a term of not less than one year, nor more than ten years, and fined in any sum at the discr^e^tion of the Court, not exceeding in amount double the value of the money or property
so unlawfully used, loaned[,] or converted, and shall moreover be judged incompetent to hold any office of honour or profit.
Sec. 8. Whenever the Attorney General shall be advised by the Governor, or Auditor, of
the violation of any of the foregoing sections of this act, or that the public money
or property in the hands or possession of any such Canal Commissioner, Engineer, Officer,
Clerk[,] or Agent is in danger of being lost,—it shall be his duty to use the most energetic
means authorised by law to secure the State against loss, and to have the offender ^or^ offenders brought to trial and punishment. He may also notify the States Attorney
for the districk in which the offence is supposed to have been committed, thereof, and require his aid in the premises.
Sec. 9. So much of all acts and parts of acts, as are contrary to, or which conflict with
this act are hereby repealed.
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[ docketing
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No 162
[ docketing
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Senate.
A bill for an act to prevent a misapplication of public money on the line of the Illinois and Michigan Canal.”
A bill for an act to prevent a misapplication of public money on the line of the Illinois and Michigan Canal.”
[ docketing
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[02]/[11]/[1841]
[02]/[11]/[1841]
Engrossed.
[ docketing
]
02/12/1841
02/12/1841
passed
1James H. Ralston introduced SB 164 in the Senate on February 8, 1841. On February 10, the Senate referred the bill to the Committee
on Canals and Canal Lands. The Committee on Canals and Canal Lands reported back
the bill on February 11 with an amendment, in which the Senate concurred. The Senate
passed the bill as amended on February 12. On February 13, the House of Representatives
refused to read the bill a second time by a vote of 30 yeas to 52 nays, with Abraham Lincoln voting yea.
Illinois House Journal. 1840. 12th G. A., 386, 389; Illinois Senate Journal. 1840. 12th G. A.,
Handwritten Document, 6 page(s), Folder 356, SB 164, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,