The right of per. sons elected to hold the office being contested, how to proceed.

Parties may be heard by them

selves or counsel

Representative to Congress & three county commission ers to be elected biennially.

Persons conduct ing elections liable to a fine for ne

glect of duty.

representatives, to whichever body the member be longs whose election is contested.

Sec. 31. Be it further enacted, That when any candidate shall desire to contest the validity of any election, or the right of any person declared duly elected, to hold and exercise the office of sheriff, coroner, or county commissioner, such candidate so contesting the election as aforesaid, shall ceed in all respects in the manner prescribed in the foregoing section, except that the documents taken relative to such contested election, shall be transmitted with the notice aforesaid, to the judge or justice of the supreme court presiding in the circuit to which the county belongs, in which such contested election shall take place, ten days notice having been given to both parties of the time when, and the place where, the said judge or justice of the supreme court will be called upon to decide such contested election, at which time both parties shall have a right to be heared by themselves or by counsel. And the said judge or justice shall forthwith proceed to examine said documents, and declare which of said candidates shall, in his opinion have been duly el cted; and the decision of such judge or justice, in relation to such contested election, shall be final.

Sec. 32. Be it further enacted, That at each biennial election, there shall be elected one representative from this state to the congress of the United States, and three county commissioners for each county.

Sec. 33. Be it further enacted, That if any judge of the election or clerk, or any other officer or per son, in any manner concerned in conducting the election, shall wilfully neglect, improperly delay, or refuse to perform any of the duties required by this act, after having undertaken to perform such duties, he shall forfeit and pay to the state the sum of forty dollars; and if any such judge of the election, clerk, or other cfficer or person, in any wise concerned in conducting the election, shall knowReceiving or couringly admit any person to vote, not qualified acting more votes cording to law, or shall be guilty of fraud, corrup→ than given, liable tion, partiality, or manifest misbehaviour, in any to a fine, &c. matter or thing relating to said election, or shall knowingly receive and count more than one vote from one person at the same election for one of

fice, each and every person so offending, shall forfeit and pay to the county the sum of one hundred dollars, to be recovered in any court of record in the state, in the name of the state, for the use of the county, in an action of debt, with costs of suit, or at the suit of any person who may sue for the same; one half for the use of the person suing, and the other half for the use of the county; and every such person so offending as aforesaid shall, moreover, on conviction, be rendered incapable of holding any office, or of voting at any election within this state, for the term of ten years there, after.

Judges to appoint tend at the polls to keep order.

constables to at

Judges may fine rîotous persous and

Sec. 34. Be it further enacted, That for the preservation of order as well as the security of the judges and clerks of the election from insult or abuse, it shall be the duty of any constable, or constables residing within the precinct, who shall be designated for that purpose by the judges of the election, to attend at all elections within such presinct; and should no constable attend at such election, the judges are hereby authorised and empowered to appoint one or more special constables to assist in preserving order during the election; and the judges are hereby empowered to impose a fine, not exceeding twenty dollars, on any may commit to jail. person or persons who shall conduct in a riotous or disorderly manner, and persist in such conduct after being warned of the consequences; and on refusal to pay the same, to commit him or them to the common jail of the county, for any time not exceeding twenty days, or until the fine shall be paid; and the constable to whom the order is directed, and the jailer of the county are hereby required to execute said order and receive said person or persons so committed, as though it had been issued or delivered by a magistrate in due form of law.

Sec. 35. Be it further enacted, That there shall be paid out of the county treasury, to the several judges and clerks of election, such compensation, not exceeding one dollar to each per day, as the county commissioners' court shall think proper to allow; and to the person carrying the returns of the polls from the place of election to the clerk's office, the sum of five cents per mile for going and returning. The county commissioners' courts

Compensation al-

lowed judges and clerks of election.

tion returns, and

Pay allowed per- shall also allow the several clerks of the election sons carrying elee such compensation as they shall deem just for any clerks of election stationary which they may furnish for the purpose for stationary.

All previous elec. tion laws repealed.

of the election.

Sec. 36. Be it further enacted, That the act entitled "an act regulating elections, approved March 1, 1819;" and the act entitled " an act regulating elections, approved February 3, 1821," shall be and the same are hereby repealed.

Sec. 37. Be it further enacted, That this act shall take effect and be in force from and after the first day of June next.

Triple tax remit.

ted.

Sheriffs to refund all over single.

AN ACT to remit Triple Taxes in certain cases

APPROVED, January 8, 1823.

Sec. 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the several sheriffs of this state be and they hereby are exonerated and discharged from accounting to the auditor and county treasurer for any thing more than the proper single tax due and collected from any individual liable to the penalty of a triple tax; and that in all cases where a triple tax has been incurred for failing to list taxable property with the treasurer within the time prescribed by law, the same shall be and hereby is remitted.

Sec. 2. Be it enacted, That in all cases where any sheriff of this state has collected from the party liable thereto, the said penalty of a triple tax, it shall be lawful, and he is hereby authorised and required, three months from the passage of this act, upon demand, to refund to the individual from whom collected, or by whom paid, all above the proper single tax and costs of collection.

Sec. 3. And be it further enacted, That in all cases, where the said sheriffs have collected from residents in any county in this state, and paid over Treasurers to re- a triple tax, either to the county treasurer or the

fund to sheriff's.

treasurer of this state, it shall be and hereby is made the duty of the said treasurers, to refund to such sheriff's, upon demand, the full amount of all over the proper single tax: Provided, that where

i

warrant.

the sheriffs who have collected and paid over such Sheriff having paid triple tax to the state treasurer, shall have resign-resigned, or a new ver triple tax and ed or a new sheriff has been elected, it shall be the one appointed, auduty of the auditor to issue his warrant in favor of ditor to issue his said resident, whenever he may be satisfied that said resident is entitled to the benefits of the provisions of this act; and it shall be the duty of the auditor to issue his warrant as in other cases, for all sums to be refunded agreeably to the foregoing provisions.

AN ACT authorising the administrator of Thomas Brady (late of St. Louis) deceased to sell certain real estate.

APPROVED, January 8, 1823.

Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That John Rice Jones, administrator of the estate of Thomas Brady, deceased, be, and he is hereby authorised to sell and convey by deed or otherwise, any of the lands, tenements, and hereditaments, belonging and appertaining to the estate of the said Thomas Brady deceased, lying within the boundaries of the said state of Illinois; and the proceeds of any such sale or sales shall remain in the hands of the said administrator as any other assets, and be appropriated by him to the payment of the debts of the said deceased, in such manner as the law directs; and the balance, if any, shall go to the maintenance and education of the children of the said deceased, and be distributed among them according to their respective rights.

AN ACT to compel the payment of certain moneys into the several county treasuries.

APPROVED, January 11, 1825.

Sec. 1. Be it enacted by the people of the state of All fines and penIllinois, represented in the general assembly, That alties to be paid from and after the passage of this act, it shall be over treasurer. the duty of justices of the peace, and of all other

to county

Au officer not complying with the first section li

able to fine.

officers, to account for, and pay over to the county commissioners' court of the county within which such officer resides, at or before the December term of the said court, in each and every year, all sums of money recovered by fine, penalty, or otherwise, which by law is required to be paid into the treasury of the several counties; and in the same kind of funds received by them.

1

Sec. 2. Be it further enacted, That any officer failing to comply with the foregoing section, shall forfeit and pay the sum of seventy-five dollars, with any money by him not accounted for and paid over as aforesaid, to be recovered by motion before the circuit court of the county wherein default is made, for the use of said county, together with the costs of said motion: Provided, that the officer against whom the motion is made shall have notice thereof at least ten days before the first day of the term at which such motion is made.

AN ACT requiring the several Clerks of this State to keep their respective offices at the county seat.

APPROVED, January 11, 1825.

Sec. 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the several clerks of the different courts of this state shall be compelled, and they are hereby required, to keep their respective offices at the county seat of their respective counties, and not more than one quarter of a mile from the house of holding said courts; and a failure to comply with the requisitions of this act, shall vacate said clerkship, when it shall be the duty of the court to fill such vacancy.

AN ACT to divorce Elizabeth Postlewart.

APPROVED, January 11, 1823.

Sec. 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That