AN ACT to revise the law in relation to counties. [Approved and in force March 31, 1874.]

1. Boundaries. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the boundaries of the several counties of this State shall remain as now established until the same be changed according to law.

2. Jurisdiction over rivers. § 2. Each county bounded by either the Mississippi, Ohio, or Wabash river, shall have jurisdiction

over such river to the extent it is so bounded, which jurisdiction may be exercised concurrently with the contiguous States bounded by such river. [R. S. 1845, p. 133, 21; L. 1849, p. 134, § 1, 2.

3. Jurisdiction over Lake Michigan. 3. Each of the counties bordering on Lake Michigan shall have jurisdiction over said lake eastwardly, to the east line of the State.

ALTERATION OF COUNTY LINES.

4. Petition to county board-election ordered. § 4. When a majority of the legal voters, residing upon any territory, not less than half of one congressional township, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty of the several county boards so petitioned to order an election for such purpose in their respective counties, to be held within three months from the time of receiving such petition; which election shall be governed by the laws relating to general elections, and returns of said election shall be made to the secretary of State as for county officers.

5. Notices of election. 5. Notices of such election shall contain a description of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted as required for general elections.

6. Form of ballots — effect of vote. 6. The ballots used in the said elections may be in the following form, to wit: "For transferring territory," and Against transferring territory," when, if a majority of the voters voting upon said question in the county from which said territory is proposed to be taken, and a majority of the voters of the county to which the same is proposed to be transferred, shall be "For transferring territory," then the said territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of March succeeding such elections, and shall be subject to all the laws, rules, and regulations thereof; Provided, that all assessments and collection of taxes, and judicial or other official proceedings commenced prior to said first day of March, shall be continued, prosecuted and completed, in the same manner as if no such transfer had been made; And, provided, further, that all township or precinct officers within said transferred territory shall continue to hold their respective offices within the county to which they may be transferred, until their respective terms of office expire.

7. Restriction. 7. No county shall be reduced, under the provisions of this act, to less contents than 400 square miles; nor shall any county line be made to pass within less than ten miles of the county seat of the county from which territory is so transferred. [Sce Const., art. 10, § I.

8. Adjustment of debts. 8. No territory transferred under the provisions of this act shall be released from the payment of its proportion of the debts of the county from which such territory is trans

ferred; and such proportionate indebtedness from such transferred territory shall be collected by the county to which such territory is [*304]

transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred - such rate to be ascertained by the certificate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. [See Const., art. 10, 3.

9. When territory released. §9. When the county to which such territory is transferred shall also be indebted, the county board of such county shall release such transferred territory from the payment of such indebtedness to an amount equal to that which said territory is required to pay to the county from which it was transferred.

10. When elections at discretion of county board. 10. When a majority of the legal voters of any territory, less than half of one congressional township, shall petition the county boards as provided in section four of this act, the said county boards may, in their discretion, order elections to be held as herein provided; and in any case where elections have been held under this act, and the result has been adverse to the petitioners, it shall be in the discretion of the said boards to order another election, on a petition to transfer the same territory, within three years from the time of holding such former election.

NEW COUNTIES.

11. Petition to county board — election. 11. Whenever it is desired to form a new county out of one or more of the then exist. ing counties, and a petition praying for the erection of such new county, stating and describing the territory proposed to be taken for such new County, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new County can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election for the election of members of the general assembly, of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers or members of the general assembly; and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county."

12. Certificate of result to secretary of State-notice to governor-election, etc. 12. If it shall appear that a majority of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each of said counties shall certify the same to the secretary of State, stating in such certificate the name, territorial contents and boundaries of such new county; whereupon the secretary of State shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he

shall designate, and he may, when necessary, fix the place [of] holding election, notice of which shall be given in such manner as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this State, and who shall continue in office until the next general election for such officers, and until their successors are elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this State.

13. Justices, etc., continued in office. 13. All the justices of the peace, constables, and other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence [*305] shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire, and until their successors shall be elected and qualified.

14. Canvass and return of votes. § 14. The votes for the county officers of said new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases.

$15.

15. Oath of office-organized — circuit court. The oath of office may be administered to the several county officers of such new county by any person authorized by law to administer oaths; and as soon as said county officers are duly qualified, the county shall be regarded as legally organized, and for judicial purposes shall be deemed and taken as belonging to the circuit in which said new county, or the greater part thereof, is embraced, and terms of the circuit court shall be held at such place in said new county as the county board thereof shall designate, until the county seat thereof shall be permanently located. The times of holding such court shall be appointed by the judge thereof, until otherwise provided by law.

16. Transfer of suits, etc., lien of judgment, etc. § 16. The courts of any county or counties from which such new county is erected may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county, to the proper court of such new county, or may transfer any suit and all papers and records pertaining thereto to such new county, when all the parties thereto are residents of such new county; but all judgments and other liens in the county or counties from which such new county was erected, shall have the same effect as if no new county had been erected.

17. Adjustment of property and debts. § 17. All the property, both real and personal, and all debts, liabilities and choses in action of every kind, belonging to the county or counties from which such new county was formed, shall be divided by the several county boards of the counties interested, between the county or counties from which such new county is formed and the new county, in proportion to the assessed value of property for the last preceding year which has been taken from such original county or counties and carried to such new

county; and if such boards cannot agree upon such division, they may refer the matter of difference to arbitrators, or the rights to such property may be settled by a bill in chancery, filed by either party for that purpose. In case the said property cannot be divided or removed, the county receiving the same shall pay to the other a proportionate value for

the same.

18. The county

18. Commissioner to copy records. board of such new county shall, at any session of said board, by an order to be entered of record, appoint some competent person a commissioner, for the purpose hereinafter expressed, who shall take an oath of office before some person authorized by law to administer oaths. board shall, at the same time, provide a sufficient number of blank books, and deliver them to said commissioner, who shall receipt for the same to the county clerk of said county.

Said

19. Duty of such commissioner. § 19. As soon as said books shall be delivered to said commissioner, he shall record in each a copy of the order of his appointment and of his oath of office, and shall thereupon proceed to transcribe into such books, from the records of the county or several counties from which the new county is formed, all such deeds, mortgages and title papers of every description, with the certificates of acknowledgment thereto, and the date of the filing of the same for record, of lands lying in said new county which previously were recorded in the counties from which such new county was formed; and there shall be allowed said commissioner such sum as his services aforesaid are reasonably worth, to be paid out of the county treasury of the said new county.

20. Further duties-evidence. $ 20. Said commissioner shall note, at the end of each paper he shall transcribe, the book and

page from which the same was transcribed, and shall make a [*306]

correct double index of said records; and on the completion of his duties, said commissioner shall return said books to the recorder of deeds of said new county, with his certificate attached thereto, showing that he has complied with the law; whereupon they shall be taken and considered, to all intents and purposes, as books of records of deeds, mortgages and title papers for said new county. And copies of said record, certified by the officer having the custody of the same, shall be evidence in all courts and places, in the same manner that copies of records are evidence in other cases, and with like effect.

21. Fixing county seat. 21. For the purpose of fixing the permanent location of the county seat of such new county, the voters of said county shall, at said election for county officers, vote for some place, to be designated upon their ballots, for a county seat; upon which ballot shall be written or printed, or partly written and partly printed, "For County Seat," after which words shall be written or printed the name of the place intended for the county seat. The place receiving a majority of all the legal votes cast upon the question shall be the county seat of said county. But if no place shall receive a majority of all the votes cast upon the question, then it shall be the duty of the county board of said county to call another election within sixty days thereafter, at the several places of holding elections in said county, at