An Act forming a separate County out of Gallatin, White and the detached part of Jackson county, 1818


AN ACT forming a separate County out of Gallatin, White and the detached part of Jackson county.

BE it enacted by the Legislative Council and House of Representatives of the lllinois territory, and it is hereby enacted by the authority of the same, That all that tract of country within the following boundaries, to-wit: Beginning at the corner of townships ten and eleven on the line, between ranges four and five; thence north with said line thirty-six miles; thence west twenty four miles to the third principal meridian ; thence south with the same to the line dividing townships ten and eleven ; thence east to the beginning, shall constitute a separate county, to be called Franklin: And for the purpose of fixing the permanent seat of justice for said county, the following persons be appointed commissioners: Samuel Hay, Samuel Omelveny and Richard Maulding, which said commissioners, or a majority of them, being duly sworn before some judge or justice of the peace in this territory, to faithfully take into view the situation of the settlements with an eye to future population, the the convenience and advantage of the people, and the eligibility of the place, shall meet on the third Monday of February next, at the house of Moses Garrett, in, said county, and proceed to examine and determine on the place for the permanent seat of justice, and designate the same : Provided, the proprietor or proprietors of the land shall give to the county, for the purpose of erecting public buildings a quantity of land at the said place, not less than twenty acres, to be laid out in lots and sold for the above purpose ; but should the said proprietor or proprietors refuse or neglect to make the donation aforesaid, then and in that case, it shall be the duty of the commissioners to fix on some other place for the seat of justice, as convenient and advantageous as may be to the inhabitants of said county ; which place fixed and determined upon, the said commissioners shall certify under their hands and seals, and return the same to the next county court in the county aforesaid ; which said court shall cause an entry thereof to, be made on their books of record; and until the public buildings may be erected, the courts shall be holden at the house of Moses Garret, in the county aforesaid.

Sec. 2. Be it further enacted by the authority aforesaid, That the commissioners aforesaid, shall receive a compensation of two dollars each for everyday that they may necessarily be employed in fixing the aforesaid seat: of justice; to be paid out of the county levy by an order of the county court.

Sec. 3. Be it further enacted by the authority aforesaid, That whereas the counties of Gallatin, Edwards, White, Crawford and Franklin compose one district, for the purpose of electing a member of the Legislative Council; the citizens of said county entitled to vote, may at any election for a member; of the legislative council to represent said district, proceed to vote for such member ; and it shall moreover be the duty of the sheriff of said county, within ten days alter the close of Said election to attend at the court-house of the county of Gallatin, with a statement of the votes given in said county, to compare the polls of the respective counties, and join with the sheriffs of Gallatin, Edwards, Crawford and White counties, in making out and delivering to the person duly elected a certificate thereof ; and for a failure thereof, he shall forfeit and pay the same penalties, and for the same purposes, that the sheriffs of Gallatin, Edwards, Crawford and White are subject.

Sec. 4. Be it further enacted by the authority aforesaid, That the citizens of the said Franklin county, are hereby declared entitled in all respect to the same right and privilege in the election of a delegate to congress, that are allowed by law to the other counties in this territory : And all elections are to be held at the same times and conducted in the same manner as is provided for other counties.

Sec. 5. And it is further enacted, That the counties of Franklin and Jackson, shall vote for one representative to the house of representatives, at their respective seats of justice, at the time prescribed for holding such elections; and the sheriffs of said counties shall meet at the court house of Jackson county, within twenty days after any such election, and make out a certificate, signed by both of said sheriffs, to the person duly elected; and if the said sheriffs shall fail to do the same, they shall forfeit and pay the sum of one hundred dollars, for the use of said counties, recoverable by indictment, in the county in which such delinquent sheriff may reside.

This act to take effect and be in force from and after the passage thereof.

Speaker of the House of Representatives.

President of the Legislative Council.

Approved--January 2, 1818.



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