of voters requi § 10. No registration of voters shall be made or re- No registration quired for holding any county seat election under this act. red. The board of election shall, in each township, precinct or ward, keep two lists or poll books 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, and the affidavits made at such election, and certificate of the result of said election made and certified by such board, shall be sealed up together and delivered by one of the board of election, to be selected by the said board at that time, to the county clerk, within four days thereafter. The other poll book and tally list shall be retained by one of the judges of election for that township, precinct or ward. § 11. No person shall vote at said election who does not possess the qualifications mentioned in the affidavit in this section. Any person offering to vote at any county seat election, whose right to vote shall be challenged by any challenger, member of the board of election, or by any voter of the county, shall answer under oath such questions as may be propounded to him touching his qualifications as a voter, and shall take and subscribe the following oath: STATE OF ILLINOIS, County. } SS. When vote is challenged. I do solemnly swear that I am a citizen of the United States, and of this Oath of voters. state, (or I was an elector in this state on the first of April, eighteen hundred and forty-eight, or obtained a certificate of naturalization before a court of record in this state prior to the first of January, eighteen hundred and seventy, and); that I am above the age of twenty-one years; that I have resided in this state for one year immediately preceding this election; that I am a bona fide resident of this county, and have permanently resided herein for the last six months immediately preceding this election; that I am a legal voter of (here insert the name of the election precinct,) and have permanently resided therein for the last ninety days immediately preceding this election, and that I have not voted at this election. (Signed,) A.... B.... He shall also procure two witnesses, who are at that time Witnesses. legal voters of the township or precinct, who shall take and subscribe the following oath, namely: We the undersigned do solemnly swear that we are voters, and legally entitled to vote at this election; that we have known A.... B...., the person now offering to vote at this election, for six months; that he has been a permanent resident of this county for six months last past, and for the ninety days immediately preceding this election has permanently resided in (township or precinct.) C.... D...., votes. Which oaths shall be subscribed and sworn before any officer authorized to administer oaths. The board of election shall receive and count the vote of any challenged person who shall present to them with his vote the oaths aforesaid. The said oaths shall all be carefully preserved by the board of election, and returned and kept with the poll Fraudulent book, tally list and ballots, as provided by this act. Any person swearing falsely concerning his right to vote, or concerning the right of another to vote at any such election, or any person who shall cast a fraudulent vote at any such election, or who shall vote at such election not having a right to vote at such election, or who shall cast a vote at such election in any other name than his own, or who shall vote more than once at such election, shall be deemed guilty of a high misdemeanor, shall be liable to be indicted therefor, and shall, on conviction, be punished by confinement in the penitentiary to hard labor for a term of not less than one year nor more than five years. 12. The number of legal votes cast at any county seat election held under this act, shall be deemed and taken for the purposes of such an election as prima facie evidence of the number of legal voters of that county at that time entitled to vote on the question; but in case it shall become necessary, in consequence of a contest of an election held under this act, to ascertain the number of voters of the county entitled to vote upon the question, the court in which the contest may be pending, may ascertain the number of such voters by taking, or causing to be taken, legal evidence, tending to show the actual number of the legal voters of the county entitled to vote upon such question at the time of such election. Courts of equity shall have jurisdiction of all cases of contested election arising under this act, and may investigate and determine all questions of fraud and fraudulent voting connected therewith, and purge the poll books and returns of all illegal or fraudulent votes; and may investigate and ascertain the total number of legal voters of the county at the time of such election entitled to vote on the question, whether they voted or not, and ascertain and determine whether or not such election was fairly carried by three-fifths or a majority of all the legal voters of the county, as required by the constitution, and make such decree as the circumstances of the case may require. Any of the legal voters and taxpayers of the county who may desire so to do, as well as the town, city or village to or from which it is proposed to remove such county seat, may be made, or on their petition may become parties to such suits, either as complainant or defendant. 13. On or before the first Tuesday after said election, the clerk of the county court shall summon to his aid two justices of the peace, one of whom shall be a resident of the place to which it is proposed to remove the county seat, and the other a resident of the county seat, if such there be, and if there be no justices of the peace resident in those places, then any two justices of the peace of said county, who shall, together with said clerk, open and canvass the votes and returns of said election, made and filed in his office, in the same manner as now provided by law in the case of elections for county officers; the result of which canvass shall, by the clerk of the county court, be spread on the records of the county court in counties not under town- ship organization, and on the records of the board of supervisors in counties under township organization, and also by him be duly certified to the secretary of state. §14. When the attempt is made by such an election to remove a county seat to a point nearer to the center of such county than the county seat then is, and a majority of the legal voters of said county entitled to vote on the question of removal shall be "for removal," the county seat is thereby removed to the point named in the petition. When the attempt is made by such an election to remove a county seat to a point not nearer to the center than the county seat then is, and three-fifths of the legal voters of such county entitled to vote on the question shall be "for removal," then said county seat of said county is thereby removed to the point named in the petition. form duties. $15. Any member of the board of election, county Failure to perjudge, associate justice, county clerk, sheriff, or any other officers or persons who may be charged with the performance of any duty under this act, and who shall willfully fail therein, or shall perform such duty otherwise than is in this act prescribed, shall be deemed guilty of a misdemeanor, shall be liable to be indicted therefor, and on conviction shall be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned in the county jail not less than six months nor more than one year, or both. APPROVED March 15, 1872. COUNTIES. AN ACT to repeal part of section ten (10) of an act entitled "An act to create In force March and organize the counties therein named." 10, 1871. WHEREAS, by an act entitled "An act to create and or- Preamble. ganize the counties therein named," in force January 15, 1831, it is provided by section ten (10), which reads as fol lows: "The public buildings at Chicago shall be erected on the public square, as laid off by the canal commissioners, on the south side of the Chicago river, and on the public square laid off at Ottawa, on the north side of the Illinois river; therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much Part of act re- of said section ten (10) of the act above referred to as requires the jail of LaSalle county to be erected on the public square in Ottawa, be and the same is hereby repealed. pealed. Emergency. § 2. Inasmuch as the jail of the said county of LaSalle is in a bad condition, and the board of supervisors of said county desire to proceed immediately to erect a new jail, and have already appropriated money for that purpose, an emergency exists requiring that this act should take effect immediately therefore, this act shall take effect and be in force from and after its passage. APPROVED March 10, 1871. In force July 1, 1872. AN ACT to attach the county of Tazewell to the central grand division. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county of Tazewell be detached from the northern grand division and be added to the central grand division; and that hereafter the said county of Tazewell shall constitute and form a part of the central grand division, for all judicial purposes: Provided, that nothing herein contained shall in any manner interfere with any suit now pending in the supreme court for the northern grand division, either upon appeal from or on writs of error to the said county of Tazewell. But that all appeals heretofore prayed for from or writs of error sued out to said county of Tazewell, shall be heard and determined in the supreme court for the said northern grand division. APPROVED April 3, 1872. COURTS-CIRCUIT. AN ACT to fix the times of holding courts in the first judicial circuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter the times of holding circuit courts in the several counties composing the first judicial circuit, shall be, in each year, as follows, to-wit: Spring Term.-In the county of Greene, on the first Monday of March; in the county of Jersey, on the third Monday of March; in the county of Calhoun, on the second Monday of April; in the county of Scott, on the fourth Monday of April; in the county of Morgan, on the second. Monday of May. Summer Term.-In the county of Morgan, on the third Monday of August. This August term shall be devoted exclusively to the impanneling of a grand jury, the trial of criminal cases, and the transaction of any business in civil and chancery cases, not requiring a jury trial, or where a jury may be waived. Fall Term.-In the county of Greene, on the first Monday of September; in the county of Jersey, on the third Monday of September; in the county of Calhoun, on the second Monday of October; in the county of Scott, on the fourth Monday of October; in the county of Morgan, on the second Monday of November. In force March 15, 1872. § 2. It is hereby declared that an emergency exists that Emergency. this act should take effect and be in force immediately on its passage, by reason of a necessity for the proposed change, in order to secure the prompt administration of justice in said counties, and therefore this act shall take effect and be in force from and after its passage. APPROVED March 15, 1872. AN ACT to fix the time of holding the circuit court in the several counties In force Jan. 12, composing the second judicial circuit. 1872. SEOTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Time of holdtime for holding the circuit court in the second judicial cir- ing court. cuit of this state shall be as follows: In the county of Monroe, on the first Mondays in March and September. |