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BOUNTY DEBT.

AN ACT to enable any county which has heretofore, in pursuance of law, contracted an indebtedness by issuing, and delivering bounty orders to persons who enlisted and were mustered into the military service of the United States, which remains unpaid, to fund the same, by issuing to the lawful holders thereof bonds, payable in such time, not exceeding twenty years, as may be deemed expedient, and bearing a rate of interest not less than six nor more than ten per centum per annum. [Approved April 24, 1873. In force July 1, 1873. L. 1873, P. 73.J

SEC. 1. Be it enacted by the People of 87. Counties may fund. the State of Illinois, represented in the General Assembly, That any county which has heretofore, in pursuance of law, contracted an indebtedness, by issuing and delivering bounty orders to persons who enlisted and were mustered into the military service of the United States, which remains unpaid, may, by its corporate authority, fund the same, by issuing to the lawful holders of such indebtedness, whether now in the form of judgments or bounty orders, the bonds of such county for and in lieu thereof, payable in such time not exceeding twenty years, as may be deemed expedient by the corporate authority of such county, and bearing a rate of interest not less than six nor more than ten per centum per annum, payable annually on coupons attached to such bonds. § 2. When a tax has been 88. Bond to refund tax paid. heretofore levied by any such county for the purpose of paying any such indebtedness, and the same has been only collected in part, and the collection of the residue has been rendered impossible by lapse of time, negligence of officers, writ or writs of injunction, or from any other cause, such county shall, by its corporate authority, issue its bonds to the respective tax-payers, who have made payment on such levy for the amounts respectively paid; which bonds shall be payable and draw interest as provided in section one of this act.

89. Tax to pay principal and interest. 3. The corporate authority of any such county shall annually levy and cause to be collected from the taxable property of such county a sum sufficient to pay the interest accruing on such bonds, and such sum in addition thereto as such corporate authority may deem expedient for the payment of the principal of such bonds.

90. Bonds receivable for taxes.

4. Said bonds and

coupons shall be receivable at their par value in discharge of all

taxes that may hereafter be levied by the corporate authority of [*314]

any such county for their payment.

§ 5. All bonds so issued by the corporate authority of any such county, shall show on their face that they are issued under the authority of this act.

91. Bonds to show authority.

FUNDING DEBT BY COUNTIES OF 100,000 INHABITANTS. AN ACT to enable counties having over one hundred thousand inhabitants to issue bonds and borrow money for county purposes. [Approved and in force February 23, 1872. L. 1871-2, p. 204.]

[See R
NOTE. This act having been declared unconstitutional by the supreme court, in
Devine v. Board of Commissioners of Cook County, 84 Ill. 590, is omitted.
S. 1874, P. 314, $$ 70-73.

REMOVAL OF OBSTRUCTIONS FROM WATER COURSES. AN ACT authorizing county boards to remove driftwood and other obstructions from water courses. [Approved May 11, 1877. In force July 1, 1877. Laws 1877, p. 68.]

*92. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county boards of the several counties in this State shall have power to cause the removal of, in such manner as they may direct, the drift-wood and other obstructions from the natural water courses in their respective counties.

REMOVAL OF COUNTY SEATS.

AN ACT to provide for the removal of county seats. [Approved March 15, 1872. In force July 1, 1872. L. 1871-2, p. 309.]

[See Const., art. 10, § 4.]

93. Time of holding elections—judges. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all elections for the removal of county seats shall be held on the second Tuesday after the first Monday of November, at the usual places of holding elections; and the same persons who were judges and clerks at the next preceding general election, in their respective election precincts, shall act as judges and clerks of such county seat elections; and all vacancies in the respective boards of election shall be filled in the same manner as at general elections.

94. Notice - petition - affidavit — traverse of samehearing by county court. § 2. Public notice shall be given of the intention to circulate a petition praying for an election for the removal of the county seat of any county from its then present location to some other point within said county, and in said petition designated, at least ten days before the same is circulated, by publication in some newspaper printed in said county, and by posting three printed notices in three public places at the county seat, one of which shall be placed on the court-house door, and a like number at the place to which the county seat is proposed to be removed, in which notices the intent of such petition shall be set forth; and all signers to such petition procured before such notice is given or procured, six months before the first day of the term of court at which the application is to be made, shall be void, and stricken from such petition; and whenever such petition or petitions, addressed to the county court of such county, and stating the time when such election shall be held, shall be signed by a number of legal voters of said county, at general elections, who are not residents of the city or township (if the county seat is not in a city) in which the county seat is located, equal in number to two-fifths of all the votes cast in said county [*316] at the last preceding presidential election therein, and shall be filed in the office of the clerk of the county court of said county, not less than forty nor more than eighty days before the first day of the next September term of the county court in such county, such petition shall be deemed a proposal to remove the county seat of such county, and the point designated in said petition shall be deemed and taken as fixed by said petition, in pursuance of law, whenever the court shall

CHAP. 34.

COUNTIES.

There order an election to such point as hereinafter provided, as the point to which it is proposed to remove the county seat of such county. shall also be filed in the office of said clerk, with said petitions, an affidavit of three legal voters of said county, stating whether or not the point named in the said petition or petitions, to which it is proposed to remove the county seat of such county, is nearer to or further from the center of such county than the county seat; which affidavit may be traversed by the affidavit of any other three legal voters of said county, within ten days from the filing thereof; and if so traversed the county court shall, at the next September term of said court, after hearing evidence in the case, decide whether or not the point to which it is proposed to remove the county seat is nearer to or further from the center of said county than the county seat.

95. Petitioner to designate residence-must be voter. $3. Each petitioner signing such petition shall write or cause to be written, opposite to his name on said petition, the name of the city and ward in which he then resides, if he resides in a city, or if he does not reside in a city, then the name of the precinct or township in which he resides at the time of signing such petition: and no person shall sign such petition unless he shall be, at the time, a legal voter in said county at general elections.

96. Petition open to inspection. §4. Said petition or petitions shall, after the same are filed in the office of the clerk of the county court, be open to the inspection of any and all citizens of the county, but shall not be removed therefrom.

97. Contesting petition. § 5. Any citizen and legal voter at general elections in said county may contest the right of any person, whose name is subscribed to said petition, to sign such petition under this act, and shall also have the right to contest said petition as to any names subscribed thereto that he shall have good reason to believe, and does believe are fictitious, and no other; Provided, he shall, ten days before the first day of the next September term of the county court, file in the office of the clerk of the county court of such county a list of the names of such persons whose right to sign such petition he is desirous of contesting, together with his affidavit, indorsed thereon, that he has good reason to believe, and does verily believe, that such persons named in said list are not legal voters of such county, and had no right in law to sign said petition; and shall also file in the office of said county clerk, ten days before said September term of the county court, a list of such names as he has reason to believe are fictitious, together with his affidavit, indorsed thereon, that he has good reason to believe, and does verily believe, that such names are fictitious; and such persons shall have the right to contest such petitions only as to the names included in said lists.

98. Notice of filing petition-hearing by court-ordi§ 6. Whenever such petition or petinary election-subpenas. tions and affidavit named in section 2 of this act shall be filed in the office of the clerk of the county court of such county, it shall be the duty of the clerk, within ten days from the date of the filing of said petition or petitions and affidavit in his said office. to cause to be published in one

or more newspapers published in such county, and if no newspaper shall be published in said county, then in the newspaper published nearest to the county seat of said county, a notice that such petition or petitions and affidavit have been filed in his said office, stating the time when they were so filed, and setting forth therein the substance of such petition or petitions and affidavit, and giving notice that on the first day of the next September term of said court, said court will hear testimony for and against said petitions, as to the list or lists of names on such petition, as may be filed in his office under and in compliance with [ *317] section 5 of this act, and for or against such affidavit if the same has been traversed as provided in section 2 of this act. It shall be the duty of said court, on the first day of and during the said September term, to hear all evidence for and against said petition or petitions, as to the list or lists of names, filed in said court under section 5 of this act, and to strike from such petition or petitions all such names proven by competent evidence to be fictitious, or the names of persons having no legal right to sign the same under this act; and in case there shall be but one petition and no contest as to the same, or if there shall be a contest as to the same, and said petition shall, after striking therefrom all fictitious and illegal names, still contain the number of names of legal voters required by the second section of this act, the court shall order said election, according to the prayer of said petition. But in case there shall be two petitions filed in said court, praying for a vote to remove the county seat of such county to different points in said county, each, after striking therefrom all illegal and fictitious names, still being signed by two-fifths of the legal voters of the county, as required by section 2 of this act, then if a petition praying for a vote to remove the county seat nearer to the geographical center of the county than the point named in the other petition shall be signed by a number of names equal to or greater than one-half of the sum of the names signed to the two petitions, the said court shall order the election for the removal of the county seat to that point nearest to the geographical center of the county according to the prayer of said petition; but if the other of said two petitions shall be signed by a number of legal voters of said county equal to three-fifths of the sum of the names signed to the two petitions, then the court shall order the election for the removal of the county seat of such county to said last mentioned point, and not otherwise. In case of a contest as to said petition or petitions, as provided for in this act, it shall be the duty of the clerk of said court, on request of the person contesting any petition under the provisions of this act, to issue subpoenas for such witnesses as said person shall name; and it shall be the duty of said clerk, on request of any legal voter of the county, for the purpose of sustaining any petition, in like manner to issue subpoenas for such witnesses as he shall name-said subpoenas to be made returnable to the term of court at which such contest will be made.

99. Precedence-decision final-when circuit judge to attend. 7. All cases of contest arising upon said petitions or affidavit shall have precedence over all other cases at the September term of said court, and shall be heard and determined at said term, and the decision of the county court shall be final. And in case of the sickness or

other inability of said county judge to preside, or in case of a vacancy in said office, then it shall be the duty of the circuit judge of the circuit in which said county is located, to attend, hear, and determine said con

test.

100. Appointment of challengers-their duties—their votes. 8. Whenever the court shall order any county seat election under the provisions of this act, the court shall appoint three resident legal voters of the point to which it is proposed to remove the county seat, for each and every voting place in the city, precinct or township in which the county seat is situated, also to appoint three resident legal voters of the county seat for each and every voting place in the city, precinct or township to which it is proposed to remove the county seat, to sit with the regular judges to act as challengers of election at the voting places to which they are respectively assigned, and it shall be their duty to act as such challengers and to challenge any and all persons whom they have good reason to believe are not legal voters at such county seat election, and they shall sit with such judges of election until the close of said election, and during the canvass of the votes at said election. The said challengers, who are thus appointed to act with the regular judges of election, may, if they desire so to do, make an affidavit before any person authorized to administer oaths, setting forth in such affidavit that they have been appointed, as above provided, out of the city, precinct, township or ward where they would otherwise be voters, and that they desire to vote at such county seat election; which [*318] affidavit, together with the ballot, shall be sealed up in an envelope and left with one of the judges of election for the precinct, and on the day of election shall be by him presented to the board of election and opened in their presence. The affidavit shall be filed, kept and returned with the ballots for that precinct as other affidavits are, and the ballot shall be numbered and deposited in the ballot-box, and the name entered on the poll-books the same as other votes are.

101. Voting. 9. The voting at any county seat elections shall be by ballot, and each ballot shall have printed or written thereon the words For removal," or "Against removal The polls shall be opened at 8 o'clock A. M., and remain open until 6 o'clock P. M., at which time the polls may be closed, unless a majority of the board shall determine to keep open later. But the polls shall not, in any event, be kept open later than 8 o'clock P. M. of the day of said election.

102. No registration required — poll books

canvass

- return. 10. No registration of voters shall be made or required for holding any county seat election under this act. The board of election shall, in each township, precinct or ward, keep two lists or pollbooks of the names of the persons whose votes are received; each name shall be numbered, and a corresponding number marked on each ballot before it is placed in the ballot-box, which said poll-books shall each be certified as correct by the judges and clerks of election. At the close of the polls in each precinct, township or ward, the board of election shall canvass the votes cast at such poll or voting district, and shall make two tally lists, one of which, together with one of the aforesaid poll-books, and the ballots cast in such precinct, township or ward, properly strung,

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