indebtedness.

city, subject however, to the conditions hereinafter contained, and, issue evidences of indebtedness in payment Evidences of thereof, and raise money to pay the same, for which the people of said city voted and to which they, by such vote, give their assent prior to the thirteenth day of December, in the year of our Lord, one thousand eight hundred and sixty-nine: Provided, that no such indebtedness so created shall, in any part thereof, be paid by the state or from any state revenue; but the same shall be paid by said city of Quincy, alone, and by taxes to be levied upon the taxable property thereof: And, provided, further, that the evidences of such indebtedness to be issued by said city shall be issued in conformity with the terms, conditions, requirements and provisions of the order or orders of the city council of said city submitting the proposition to subscribe to the capital stock of said railroad company to a vote of the people of said city, except as hereinafter expressly provided; and the records and files of said city of an affirmative vote, therefor shall be prima facie evidence of such vote and, of such assent. And any election held in said city prior to said day. for the purpose of such vote being taken, and any contract or subscription made or to be made by said city to the capital stock of said railroad company, in pursuance thereof, and any bonds or other evidences of such indebtedness issued or to be issued by said city, are hereby declared valid.

gister bonds.

2. Upon presentation of any bonds or evidences of Auditor to reindebtedness authorized by the first section of this act for registration, under the provisions of the act of the general assembly, entitled "An act relating to county and city debts and to provide for the payment thereof by taxation in such counties and cities," approved February thirteenth, eighteen hundred and sixty-five, to the auditor of public accounts. he shall cause the same to be registered under said act. And said act shall in all respects apply to such bonds: Provided, Interest. that said bonds may bear interest at any rate not exceeding eight per centum per annum, payable semi-annually. §3. This act shall take effect and be in force from and after July first, eighteen hundred and seventy-one.

This bill having been vetoed by the governor, was; notwithstanding his objections, passed over said veto by a two-thirds vote of each house of the general assembly, and deposited in this office by Senator James W. Eddy, chairman of the committee on enrolled and engrossed bills, this thirty-first day of March, Ꭺ. D. 1871.

EDWARD RUMMEL,
Secretary of State.

COMMISSIONERS.

15, 1871.

In force April AN ACT to appoint commissioners to construct the Southern Illinois Insane Asylum and the Southern Illinois Normal University, and to make an appropriation therefor.

Governor

appoint.

Powers

duties.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor shall nominate and appoint, by and with the advice to and consent of the senate, three citizens of the state-two of whom shall be practical builders-as commissioners to construct the Southern Illinois Insane Asylum located at Anna, and the Southern Normal University located at Carbondale.

and § 2. Said commissioners, when appointed, shall succeed the commissioners of said insane asylam, who were constituted and appointed as such commissioners by virtue of an act approved April 16, 1869, and designated "An act to locate, erect and carry on an asylum for the insane," and shall also succeed the trustees appointed under "Au act to establish and maintain the Southern Illinois Normal University," approved March 9th, 1869; and said commissioners, when appointed and confirmed, shall have all the rights, powers, duties and privileges, as a board of commissioners for the construction of said institution, that the commissioners and trustees aforesaid, created and appointed by the acts before referred to, have under and through said acts, and may, in their discretion, continue or discharge any instructor heretofore engaged by said trustees of said Southern Illinois Normal University.

Term of office of trustees to terminate.

§ 3. Whenever the commissioners appointed by this act shall be confirmed by the senate, then the terms of office of the present commissioners and trustees of said institu. tions now in process of construction shall terminate, anything in said acts to establish and maintain said institutions to the contrary notwithstanding; and such emmissioners and trustees shall immediately turn over and deliver to the commissioners appointed by this act, all books and papers, accounts or evidences of indebtedness for work, labor and material furnished to erect, construct and complete such institutions, and also deliver to said commissioners all deeds of lands donated or purchased, all bonds, titles, papers, notes, accounts, subscription books, all plans and specifications made by architects, and in general, all papers relating to such institutions; and the treasurers respectively of said present boards of commissioners and trustees are hereby required to transfer and deliver to the treasurer of the board of commissioners which shall be appointed under this act, all moneys, vouchers, orders, books, and everything in

their possession relating to said institutions, upon demand of such treasurer appointed to succeed them.

and

Organization appoint

§ 4. The commissioners appointed under this act shall, as soon as possible, meet and organize as follows: They ments. shall first elect one of their number president; then, as two of them are practical builders, one of these shall be appointed superintendent of the insane asylum and the other superintendent of the normal university. The third member of this board shall act as secretary and treasurer of the same, and shall give bonds payable to the People of the State of Illinois, in the sum of one hundred thousand dollars, for the faithful performance of the duties of his office, and that he will strictly account for moneys received by him as treasurer to be paid in the construction of said institutions, which bond shall be approved by the governor. Said commissioners, before entering upon the discharge of their duties, shall each take and subscribe an oath, as required by constitution of this state, which shall be filed in the office of the secretary of state.

until completion

5. Said commissioners shall hold their offices respec To hold office tively until the said institutions shall have been constructed of institutions. and completed, or until they or either of them may have been disharged or removed by the governor, who shall have the right to make such discharge or removal, and to appoint a successor or successors to hold until the meeting of the general assembly thereafter.

Proceed to ex

amine contract

for construction

§ 6. Said commissioners shall immediately after their organization enter upon the discharge of their duties as herein prescribed. They shall proceed to examine the contract for the construction of said Southern Illinois Normal University, made with James M. Campbell, for the purpose of ascertaining whether the same is now in full force and not void, as is claimed by reason of the acts of said trustees, in order that they may act understandingly; also to examine the plans and specifications of said building, that they may determine how much extra work has been done by said contractor, and how and in what manner, if deemed by them advisable, the said plans and specifications may be changed and abridged so that the expense of said building may be curtailed; and they may continue said contract, and allow said contractor, out of the funds hereinafter appropri- contractor. ated, the amount actually due him for such extra work. And the amount that may be saved in construction by said modification of the plans and specifications may be accredited upon the bonds of Jackson county, or they shall make a full settlement with James M. Campbell, the contractor for the normal university building, as follows: Said contractor shall return to said commissioners all the assets paid and delivered to him by the former board of trustees, which remain unexpended in his possession, including one hundred thousand dollars in bonds issued by the city of Carbondale;

Allowance to

Contractor to return assets.

and he shall be charged with all assets so paid to, and received by him, which he shall fail to so return: Provided, that any assets converted and used by him shall be charged to him either at the cash value thereof, or the value obtained by him therefor, at the option of the commissioners; and he shall be credited with a fair cash value of all materials furnished, work and labor done, and expenditures incurred Value to be as- by him, in and about the erection of said building. Such certained. value shall be estimated and ascertained by three disinter ested persons who are competent judges of said values, who shall be selected by said commissioners and said contractor, and who shall be sworn on request of either party before entering on such appraisement. And when said value shall be ascertained the balance shall be struck between said charges and credits; and such balance shall be paid on demand, in cash, by the party against whom it shall be found, to the party in whose favor it shall be found. The commissioners shall deposit the said bonds of the city of Carbondale with the governor, to be held or disposed of by him as in his judgment the interests of the state and of said normal university may require. On the return of the assets as aforesaid, and the completion of said settlement, said commissioners shall take possession of the normal building and grounds, and all materials and other property belonging or appertaining thereto, and shall deliver up to the contractor his contract and bond for erecting said building; and they shall then proceed, under the directions of the governor, with the work on said building, and inclosing and improv Final conelu- ing the grounds belonging thereto : Provided, that before a sion and accept- final conclusion and acceptance by said commissioners and contractors, shall have been determined, the propositions shall be submitted to the governor for his approval, and that no contract or arrangement for the construction of said building shall be entered into or be valid, by or through which a greater sum shall be required of the state to complete the same than the amount herein appropriated: And, provided, further, that nothing herein contained, nor any act of said commissioners, shall be construed against the state, either as indorsement or assumption of the bonds of, or donations to said institution, except by settlement as indicated. For the purpose of carrying out the propositions of this act the sum of fifty thousand dollars is hereby appropriated, out of any money in the treasury not otherwise. appropriated, to be drawn and expended as directed in the next section of this act. Said commissioners shall also examine the plans of said insane asylum with direct reference to the economy and general propriety of constructing and maintaining the heating apparatus and arrangements, and the ventilating process now contemplated, and shall embody their conclusions on both these subjects (and others apper taining), in the irreport, which shall be made to this general

ance.

assembly at its adjourned session, and thereafter to the governor one month previous to each meeting of the general assembly.

87. All payments by said commissioners shall be stip- Payments by ulated to be made out of funds as appropriated, and no other, commissioners. The accounts of expenditures of said commissioners shall be certified to by them, or a majority of them, and approved by the governor. The auditor shall thereupon draw his warrant upon the treasurer therefor, in favor of the party to whom the accounts shall be due. Accounts in detail shall be kept and furnished in their reports, by said commissioners, of all those expenditures and other cash transactions had by them in their official capacity.

§ 8. Said commissioners shall receive as their compen- Compensation. sation the sum of six dollars ($6) per diem for actual time occupied in the discharge of their duties as herein described, to be paid out of the funds of the state, upon account of time rendered, certified to by the commissioners or a majority of them, and obtained in the manner indicated in the foregoing section.

§ 9. Whereas said institutions are now being constructed, Emergency. and it is necessary that the same should be completed as soon as possible, and that said commissioners should be appointed as soon as practicable, whereby an emergency has arisen therefore this act shall take effect and be in force from and after its passage. APPROVED April 15, 1871.

CONTRACTS.

AN ACT in regard to contracts under seal, and relating to sales of real estate In force July 1,

and the enforcement thereof.

1872.

of seal.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any Scrawl by way instrument of writing, to which the maker shall affix a scrawl by way of seal, shall be of the same effect and obligation, to all intents, as if the same were sealed.

§ 2. When any person who has heretofore entered, or may hereafter enter, into any contract, bond or memorandum in writing, to make a deed or title to land in this state, for a valuable consideration, and shall have died, or become lunatic or insane, without having executed and delivered said deed; it shall and may be lawful for any county court,

Contracts for

deeds.