Removal of county seats. vote at such county seat election; which affidavit, together with the ballot, shall be sealed up in an envelope and left with one of the judges of election for the precinct, and on the day of election shall be by him presented to the board of election and opened in their presence. The affidavit shall be filed, kept and returned with the ballots for that precine, as other affidavits are, and the ballot shall be numbered and deposited in the ballot box, and the name entered on the poll books the same as other votes are. 82. VOTING.] § 9. The voting at any county seat elections shall be by ballot, and each ballot shall have printed or written thereon the words "For removal," or "Against removal." The polls shall be opened at 8 o'clock A. M.. and remain open until 6 o'clock P. M., at which time the polls may be closed, unless a majority of the board shall determine to keep open later. But the polls shall not, in any event, be kept open later than 8 o'clock P. M. of the day of said election. 83. NO REGISTRATION REQUIRED-POLL BOOKS-CANVASS-RETURN.] § 10. No registration of voters shall be made or required for holding any county seat elec tion under this act. 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. 84. QUALFICATION OF VOTERS-SWEARING IN VOTE-PENALTIES.] § 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, 88. County. I do solemnly swear that I am a citizen of the United States, and of this state. (or I was an elector in this state on the first of April, 1848, or obtained a certificate of naturalization before a court of record in this state prior to the first of January, 1870, and); that I am above the age of 21 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. A...... B.... (Signed,) He shall also procure two witnesses, who are at that time legal voters of the township or precinct, who shall take and subscribe the following oath, namely: STATE OF ILLINOIS, 88. County. 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 perinanent 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... E. F Which oaths shall be subscribed and sworu 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 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 Removal of county seats. 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. 85. EVIDENCE OF VOTERS OF COUNTY-CONTESTING ELECTION.] § 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. 86. CANVASS OF RETURNS.] § 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 township 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. 87. EFFECT OF VOTE.] § 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. SS. NEGLECT OF DUTY-PENALTY.] § 15. Any member of the board of election, county judge, 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 $500, nor more than $5,000, or imprisoned in the county jail not less than six months nor more than one year, or both. Removal of county seats. In AN ACT to define the terms "county court" and "court," as used in an act entitled "An act to provide for the removal of county seats," approved March 15, A. D. 1872, and in force July 1, 1872. [Approved May 3, 1873. force July 1, 1873.] 89. COUNTY COURT, DEFINED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the words "county court" or "court," as they appear in an act entitled "An act to provide for the removal of county seats," approved March 15, A. D. 1872, except in sections 12 and 13 thereof, shall be deemed, taken and held to mean the county court for the transaction of probate and other judicial business; and the words "county court," as used in section 13 of said act, shall be held to mean the county court for the transaction of county business.. AN ACT to revise the law in relation to county clerks. [Approved March 24, 1874. In force July 1, 1874.] 1. OATH.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each county clerk, before entering upon the duties of his office, shall take and subscribe the following oath, which shall be entered at large upon the records of his office: I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of county clerk of county, according to the best of my ability. [L. 1849, p. 63, § 8. 2. BOND-FORM.] § 2. Each county clerk shall, before entering upon the duties of his office, give bond in such penalty and with such security as the county board shall deem sufficient, which bond shall be substantially in the following form, and shall be recorded at large upon the records of his office, and when so recorded shall be deposited with the clerk of the circuit court for safe keeping: Know all men by these presents, that we, (A B,) principal, and (C D) and (E F.) sureties, all of the county of and state of Illinois, are held and firmly bound to the People of the State of Illinois, in the penal sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, each of us, our heirs, executors and administrators, firmly by these presents. Signed with our hands and sealed with our seals. Dated at the day of 18.. The condition of the above bond is such, that if the above bounden (A B) shall perform all the duties which are or may be required by law to be performed by him as county clerk of the said county of in the time and manner prescribed or to be prescribed by law, and when he shall be succeeded in office, shall surrender and deliver over to his successor in office all books, papers, moneys and other things belonging to said county, and appertaining to his said office, then the above bond to be void: otherwise to remain in full force. Signed, sealed and delivered in the presence of (G H.) [L. 1849, p. 63, § 8. A B. [SEAL.] 3. COMMISSION.] §3. County clerks shall be commissioned by the governor. 4. OFFICE AT COURT HOUSE.] 4. The county clerk shall keep his office at the court house of his county, or at such other place as may be provided for him by the authorities of such county at the county seat. [L. 1849, p. 63, § 8. 5. SEAL.] §5. He shall be keeper of the seal of the county, which shall be used by him in all cases where he is required to use an official seal. [L. 1849, p. 63, § 5. 6. DEPUTIES.] § 6 He may appoint deputies, who shall take and subscribe the same oath for the discharge of their duties as is required of him, which shall be entered of record in his office. [L. 1853, p. 257, § 1; R. S. 1845, p. 395, $6. 7. PRINCIPAL CLERK RESPONSIBLE.] § 7. The principal clerk shall in all cases be responsible for the acts of his deputies. [R. S. 1845, p. 395, § 7. 8. PRO TEM. CLERK IN CASE OF VACANCY.] § 8. Whenever a vacancy occurs in the office of any county clerk and the unexpired term exceeds one year, the county board of the county shall immediately appoint a clerk pro tempore, who shall qualify by giving bond and taking the oath as required of the county clerk, and shall thereupon perform all the duties and be entitled to all the emoluments and be subject to all the penalties appertaining to the office of county clerk until the successor of such clerk is elected or appointed and qualified. [See "Elections," ch. 46, § 133. L. 1849, p. 64, § 10. 9. CUSTODY OF RECORDS.] § 9. The county clerk shall have the care and custody of all the records, books and papers appertaining to and filed or deposited in their respective offices, and the same shall be open to the inspection of all persons without reward. [L. 1861, p. 238, § 12. 10. GENERAL DUTIES.] § 10. The duties of the county clerk shall be1st. To act as clerk of the county board of his county and to keep an accurate record of the proceedings of said board, file and preserve all bills of account acted upon by the board, and when any account is allowed or disallowed, he shall note that fact thereon, and when a part of any account is allowed he shall note particularly the items allowed. 2d. To keep a book in which he shall enter the number, date and amount of each order upon the county treasurer, and the name of the person in whose favor the same is drawn, and when such order is canceled, he shall note the date of cancellation opposite such entry. 3d. Before any such order is delivered to the person for whose benefit it is drawn, the county clerk shall present the same to the county treasurer, who shall personally countersign the same. 4th. To keep a book, in which shall be entered in alphabetical order, by name of the principal, a minute of all official bonds filed in his office, giving the name of the office, amount and date of bond, names of sureties and date of filing, with such reference to the number or other designation of the bond, that the same may be easily found. 5th. To keep proper alphabetical indexes of all records and papers in his office. 6th. To give any person requiring the same, and paying the lawful fees therefor, a copy of any record, paper or account in his office. 7th. Such other duties as are or may be required by law. |