A compilation of the laws of the state of Illinois relating to township organization : to which are added numerous practical forms, and copious notes, by way of instruction, supported by references to adjudicated cases. Enl., and improved, containing all the laws on the subject, down to, and including the acts of 1865, with an appendix

Front matter

A COMPILATION

LAWS OF THE STATE OF ILLINOIS,

I EELATING TO

Preface

The Act to provide for township organization having been thoroughly revised at the late session of the Legislature, and several other acts relating to the subject, likewise having passed, a new edition of a compilation of township organization laws is called for ; indeed, the changes in the law are such as to entirely supersede the act of 1851 and acts amendatory thereof.

The township organization law of this State, as originally enacted, was borrowed from the law of the State of New York, but in adapting it to our general statutes, many omissions, errors and imperfections occurred, which have long demanded correction. This work was undertaken at the late session of the General Assembly, the object of the Legislature being to preserve as much of the act of 1851 and amendatory acts as could consistently be retained, making necessary corrections, and to add such new provisions as experience under the system seemed to demand, and withal to make no further changes in the law than were actually necessary to perfect the system, and adapt it to our general statutes. The subject originated in the House of Representatives, and was referred to the Committee on Township Organization, with instructions to inquire into the expediency of reducing the act to provide for township organization and the several amendatory acts into one act, and to amend the same, and report thereon. This committee consisted of Messrs. Wilmarth, Haines, Terry, Cummings, Broadwell, Harris of Bureau, Harris of Shelby, Allen, Harrington and Stoddard, being selected with reference to their familiarity with the subject ; and the compiler, as one of their number, would testify to the great zeal and efficiency with which Messrs. Wilmarth, Cummings, Harris of Bureau, and indeed all his fellow committee-men, prosecuted the work assigned them. The aim of the committee was to reform, as far as possible, the errors and confusion existing in the old law, and to arrange the different subjects comprised, under distinct heads, in methodical order, rendering the act more perfect in itself, and a reference to any portion of it more easy and convenient. The time allowed the committee during a session of six weeks, in the midst of other pressing, and not less important legislative duties, was necessarily short, compared with the labor and care which this important subject demanded ; if, therefore, some errors have chanced to occur or to escape their attention, it would not be surprising.

The bill as reported by the committee, passed both Houses with great unanimity, and is now before the people as the law ; and it is the earnest hope of those who were engaged in the subject, that it may meet the approval of the people. The committee of the Senate to whom the subject was then referred, of which Hon. Washington Bushnell of La Salle was chairman, gave the matter

IV PREFACE.

deliberate consideration, and to no one is more praise due, than to Mr. Bushnell for the unceasing labor he bestowed, and the interest he manifested in the subject.

It has been the object of the compiler to furnish in the present compilation, not only the to^vnship organization act, but also all the statute law in force which is applicable in counties adopting township organization, as far as it relates to or has connection with that system and the powers and duties of officers under it. The notes and forms are added as usual, at the foot of the page, and carried along in connection with the subject of the text, presenting the whole on the same page, and rendering the book of more value for convenience of reference. A large number of new forms has been added, and the notes and instructions have been greatly improved and enlarged by citing additional authorities, with the late decisions of the Supreme Court of our own State. The contents of the sections are indicated by side notes, as being more convenient and satisfactory than the insertion of heads over each section, according to the plan of former editions. These side notes the compiler has prepared himself, and rendered them much more full than they appear in the laws published by authority of the State.

The plan and entire arrangement of this compilation, the compiler claims to be original with himself, and has secured the copy-right under the laws of the United States. The plan of preparing and publishing laws of this nature, in the style of this compilation, has attracted the attention of other States, where the like system of self-government exists ; and the compiler has, by State authority, furnished like compilations of laws for the States of Wisconsin and Michigan, showing the estimation in which his works are held in neighboring States. Trusting in a continued liberal patronage at home, the renewed efforts of the compiler to be useful are submitted to the consideration of a generous public.

ELIJAH M. HAINES.

Waukegan, III., April 25, 1861.

PLAN OF THIS COSIPILATION AND EXPLANATIONS.

For information as to the matter contained in this compilation, reference will be had to the Table of Contents following.

The various subjects embraced, have been classed under separate heads, entitled Divisions, each DmsiON comprising as far as practicable a distinct subject.

, The main features of the new township act, comprised in DmsiON I., remain as enacted by the General Assembly in 1851 ; the subsequent changes are noted in the margin at the side of the section, by figures indicating the year of the session at which the changes or amendments were made. Wherever those indications occur, it denotes that the section against which they occur are wholly new provisions, or have been to some extent amended ; those sections against which such indications do not occur, remain as enacted in 1851.

An AppENDts; is added embracing the acts affecting township organization, passed at the special session of April, 1861, embracing also other important laws of a general nature, renderii^ the compilation more complete.

A list of the organized townships in the State to April, 1861, is likewise added.

Table Of Contents

DIVISION I.

GENERAL PROVISIONS CONCERNING TOWNSHIP ORGANIZATION COM^ PRISING TOWNSHIP ACT OF 1861.

ARTICLE I.