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Full text of "Incorporation laws of the state of Illinois, passed by the Eleventh General Assembly : at their session began and held at Vandalia, the third day of December, one thousand eight hundred and thirty-eight"

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(V^. nsii. 



INCORPORATION LAWS 



OP THE 



STATE OF ILLINOIS 



FABSEO 



BY THE ELEVENTH GENERAL ASSEMBLY, 



Their Seesion bcgaa and held at Vanrlalia, the third day of December, one thouBand 

eight hundred and thirty-eight. 



PUBLISHED IN PURSUANCE OF LAW. 



VANDALIA: 

WnuuAM Walters, Public Printer> 

1839. 



INCORPORATION LAWS. 



AN ACT to amend "An act to incorporate the Caledonia Railroad In force, Feb. 

Company." 6, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the name and style 
of the Caledonia Railroad Company shall hereafter be known 
and designated by the name and style of "The Caledonia Rail- Name &, style, 
road and Manufacturing Company." That one-half of the Amount of 
capital of said company may be invested in manufactures, ^^P^*^^ 'W 
particularly in making and repairing steamboats and other manufactures, 
vessels; in making engines, of all descriptions, for the use of 
steam; in making cars and engines for railroads, and such oth- 
er things as may be deemed by the directors, chosen in the 
manner prescribed in the act of which this is an amendment, 
desirable for the improvement of the town of Caledonia: 
Provided, That the privileges hereby granted be confined to Proviso, 
the incorporated limits of said town, and that the provisions 
of this act shall not grant any kind of monopoly in said town, 
or in said manufactures, so that individuals or other incorpo- 
rate bodies be not excluded from any and all manufactories, 
he, it, or they may engage in, within the said town of Cale- 
donia. 

Sec. 2. The company shall not own real estate, only as Real estate, 
granted in the act of which this is an amendment, and for the how held, 
location of yards and building lots appertaining to the manufac- 
tories intended in this act. 

Sec. 3. James L. Curtis, Henry F. Talmadge, Charles Commisaion- 
Butler, Campbell Bushnell, Henry L. Webb, Justus Post, and ers- 
Timothy Barlow, shall be the commissioners to open the books 
for subscription to the capital stock of said company; and they, 
or a majority of them, shall proceed as is prescribed in the 
act of which this is an amendment. The first election for di- Election for 
rectors shall be holden by the commissioners, a majority of directors, 
whom shall act as judges of said election; and all other elec- 
tions shall be conducted in a manner prescribed in the by-laws 
of said corporation ; and in all elections the stockholders shall 



4 INCORPORATION LAWS OF ILLINOIS. 

be entitled to one vote for each share he, she, or they shall 
own; and a plurality of votes shall in all cases elect. The 
Agents and directors may employ such agents and clerks as they may 
clerks to be Jecm proper; and may call in the balance of the capital stock 
^.mpo^ec. subscribed, after the five dollars to be paid on each share at 
the time of subscribing is paid, in such instalments, and at 
Proviso. such times, as they may deem proper : Provided such instal- 
ments be made equal on each share of stock; and the rules, 
by-laws, and regulations which may be adopted by the direc- 
tors, may embrace the manufactures and privileges granted in 
this amendment. 
Right of Stale. Sec. 4. The right of purchase by the State of the proposed 
railroad, as mentioned in the 8th section of the act of which 
this is an amendment, is retained ; but the stock of the man- 
ufactories, or the manufacturing interest and privileges, shall re- 
main during the time specified as the hfe of the corporation in 
the act of which this is an amendment. 
Approved, February 6, 1839. 



Jn force AN ACT to incorporate the McKendree College. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That William Wilson, 
iRody politic Samuel H. Thompson, Thornton Peeples, John S. Barger, 
and corpo- Benjamin Hypes, Hiram K. Ashley, Joshua Barnes, James 
Riggin, Nathan Horner, Benjamin T. Kavanagh, Theophilus 
M. Nicholas, Crispin Cunningham, John Hogan, Jesse Renfro, 
Benjamin Bond, and Alexander M. Jenkins, and their succes- 
sors in office, be, and they are hereby, created a body politic 
Name & style, and corporate, under the name and style of "The McKendree 
College," and henceforth shall be styled and known by that 
Have perpetu- name, and by that style and name to remain and hs^^e per- 
jil succession, petual succession. The number of trustees shall not exceed 
Number of eighteen, exclusive of the president, principal, or presiding 
trustees. officer of the college, who shall, ex officio, be a member of the 

board of trustees. No other instructor shall be a member of 
said board : Provided, however. That the board of trustees, 
by a mnjority of two- thirds, at their annual meeting, may in- 
Nuiuber of crease the number of said trustees to any number not exceed- 
trusteesmay ing thirty-six. For the present the aforesaid individuals shall 
be increased, constitute the board of trustees, who shall, at their discretion. 
Power to fill fill the remaining vacancies, and such as may hereafter be 
Tacancies. created, should the number be increased. 

Sec. 2. The object of said corporation shall be the promo- 
tion of the general interests of education, and to qualify young^ 
men to engage in the several employments and professions ot 
society, and to discharge honorably and usefully the various 
duties of life. 



INCORPORATION LAWS OF ILLINOIS. 5 

Sec. 3. The corporate powers hereby bestowed shall be Powers be- 
such only as are essential or useful in the attainment oi' said ^'°^^^* 
object, and such as are usually conferred on similar corporate 
bodies, viz: to have perpetual succession, to make contracts, 
to sue and be sued, implead and be impleaded, to grant and 
receive by its corporate name, and to do all other acts as 
natural persons may; to accept, acquire, purchase, or sell 
property, real, personal, and mixed, in all lawful ways; to use, 
employ, manage, and dispose of all such property, and all 
money belonging to said corporation, in such manner as shall 
seem to the trustees best adapted to promote the objects afore- 
mentioned; to have a common seal, and to alter or change 
the same; to make such by-laws for the regulation of the cor- 
poration as are not inconsistent with the constitution and 
laws of the United States or of this State; and to confer on 
such persons as may be considered worthy such academical 
or honorary degrees as are usually conferred by similar insti- gr^eea.^ ^^ * 
tutions. 

Sec. 4. The trustees shall have authority from tune to time 
to prescribe and regulate the course of study to be pui'sued in Course of stu- 
said college and the prepaiatory department attached thereto; p'l howrcgu- 
to fix the rate of tuilion, room-rent, and other college expenses; 
to appoint the president of the institution, and other members 
of the faculty, and such other instructors, officers, and agents, 
as may be needed in managing the concerns of the institution; 
to define their powers, duties, and employments; to fix their 
compensation; to displace and remove the president, any To remove 
member of the faculty, either of the instructors, officers, or officers, 
agents, as said trustees shall deem the interest of said college 
shall require; to fill all vacancies in the faculty and among 
the officers, instructors, and agents ; to erect necessary build- Erect build- 
ings, purchase books, and chemical, philosophical, and other |[!Jj^g'j|j"jjj?^^[ 
apparatus, and other suitable means of instruction ; to put and other ap- 
into operation, if the trustees shall deem it expedient, a system paratus. 
of manual labor, for the purpose of promoting the health of Manual labor 
the students and lessening the expense of education; to make^^^ ^™' 
rules for the general management of the afiairs of the college, 
and for the regulation of the conduct of the students; and to 
add, as the ability of said corporation shall increase, and the 
interest of the community shall require, additional depart- 
ments for the study of any or all of the liberal professions. 

Sec. 5. The trustees shall faithfully apply all funds by Funds, how 

them collected, or hereafter collected, according to their best applied. 

judgment, in erecting suitable buildings: in supporting the 

necessary instructors, officers and agents ; in purchasing books, 

maps,, charts, globes, philosophical, chemical, and other appa- 

ratus^-necessary to aid in the promotion of sound learning in 

said institution. 

Sec. 6. Any donation, devise, or bequest, made tor special Donations to, 
1 • 1 . 1 . ^ 1 • ,-. • -i- 4U how disposed 

purposes accordant with the objects of the mstitution, 11 the ^^ 

trustees shall accept the same, shall be faithfully and truly 



INCORPORATION LAWS OF ILLINOIS. 



applifid in conformity with the express condition or conditions 
Shall not hold of the donor or devisor. The lands, tenements, and heredita- 

more than ^ ^ i i i i • , • • • r i ■ • <• 

3,000 acres of '^^'^^^' ^^ ^e held m perpetuity m virtue of this act, shall not 



land. 
Proviso. 



When lands 
to revert. 

Officers of in- 
stitution to 
give bonds. 

Process a- 
gainst, how 
served. 



exceed three thousand acres: Provided, however. That grants, 
donations, or devises in lands, Avhich from time to time shall 
be made to said corporation, may be held for the term of ten 
years from the date of every such grant, donation, or devise; 
at the end of which time, the said lands, over and above the 
before named three thousand acres, shall be sold by the corpo- 
ration; and, in case of neglect to sell, said lands so donated 
shall revert to the original donor or devisor, or to the lawful 
heirs of the same. 

Sec. 7. The treasurer and all other agents of the institu- 
tion, when required by the trustees, shall give bond for the 
security of the corporation, in such penalty and with such 
security as the board shall approve; and all process against 
said corporation shall be by summons, and service of the 
same shall be by leaving an attested copy with the treasurer 
at least thirty days before the return day thereof. 

Sec. 8. The trustees shall have power to establish depart- 
ments for the study of any and all of the learned and liberal 
professions, particularly law and medicine, and to institute 
and grant diplomas in the same; to constitute and confer the 
degrees of doctor in the learned arts, and sciences, and belles 
lettres; and to confer such other academical degrees as are 
usually conferred by the most learned universities. 

Sec. 9. Said trustees shall have power to institute a board 
of competent persons, always including the faculty, who shall 
examine such individuals as may apply; and if said applicants 
are found to possess such knowledge pursued in said college 
as, in the judgment of said board, renders them worthy, they 
may be considered graduates in course, and shall be entitled 
to a diploma accordingly, on paying such fee as the trustees 
shall affix; which fee, however, shall in no case exceed the 
tuition bills of the full college course. Said examining board 
may not exceed the number of ten, three of whom may 
transact business, provided one be of the faculty. 

Sec. 10. In its different departments the college shall be 
open to all denominations of christians, and the profession of 
any religious faith shall not be required in order to admission; 
but those students who are idle or vicious, or whose charac- 
ters are immoral, may be suspended or expelled. 

Sec. II. Said college shall remain located at or near 
Lebanon, in the' county of St. Clair, State of Illinois. The 
Annual meet- trustees shall hold at least one meeting in each year for busi- 
'"^'* ness, and may appoint other stated meetings of the board, 

Special meet- (special meetings may at any time be held by order of the 
*"^^" president of the board, the president of the college, or any 

three members of the board,) ten of whom shall constitute a 
Quorum. quorum to do business ; and it shall be lawful for the Illinois 



Board for ex- 
amination of 
applicants. 



College open 
to all denomi- 
nations. 



INCORPORATION LAWS OF ILLINOIS. J 

Annual Conference of the Methodist Episcopal Church to ap- 
point annually a board of visitors, consisting of nine persons, Board of Ti»- 
who shall have power to sit with the board of trustees at their ^'°"- 
annual meetings and participate with them, ex officio, as mem- 
bers of the board. 

Sec. 12, Hereafter the filling of vacancies in the board of 
trustees, and the appointment of a president of the college, Vacancies 6[- 
professors, and tutors, shall be made only at the annual meet- meciLKB^^^ 
ings as provided in the eleventh section of this act : Provided, Proviso. 
That the trustees may fill vacancies in the professorships, or 
employ additional professors or tutors, when necessary, until 
the succeeding regular annual meeting. 

Sec. 13. In case of a division of said Illinois Annual Confer- in case of di- 
ence into two or more conferences of the Methodist Episcopal vision of Illi- 
Church, or if any other Annual Conference of the said Metho- ConfetenTe 
dist Episcopal Church shall unite with the said Illinois Annual 
Conference in the patronage and support of said college, each 
annual conference thus patronizing said college shall have the 
same powers and privileges granted in this act to the said 
Illinois Annual Conference: Provided, Thai ssdd visitors shall 
at no time exceed the number of trustees; and should it so 
occur, by the increase of patronage, that the number of visit- 
ors herein provided for shall exceed in number that of the 
trustees, the ratio of visitors shall be fixed by the trustees 
equally between the several conferences patronizing the same, 
so as to limit the whole number of visitors to that of the 
number of trustees of said college. 

Sec. 14. The alteration of the name of the institution shall Alteration of 

not aflfect the title to any property acquired by the institution "'^™^ °f .'^^h 
1 r 1 1 • 1 I 1 11 1 i-j i 1 lege not to af- 

neretotore ; but the title to such estate shall be valid to the feet right or 

institution under the name set forth in this act, whether made title to prop- 
to the same, or under the name and style of "The trustees of^^'^' 
the McKendreean College," or "The trustees of the McKen- 
dree College:" that all contracts made with said corporation, 
whether made under the name of "The trustees of the Mc- 
Kendreean College," or "The trustees of the McKendree Col- 
lege," shall enure as well for as against said corporation un- 
der the name and style of "The McKendree College." 

Sec. 15. If any trustee shall be chosen president of the 
college, his former place as trustee shall be vacated, and his 
place filled by the remaining trustees and visiting committee, 
as hereinbefore provided. The trustees ior the time being Trustees may 
shall have power to remove any trustee from his office of be removed, 
trustee for any dishonorable or criminal conduct: Provided, 
That no such removal shall take place without giving to such 
trustee notice of charges against him, and an opportunity 
to defend himself before the board, nor unless that two-thirds 
of the whole number of trustees for the time being shall 
concur in such removal. 

Sec. 16. This act shall be in force from and after the time When this act 
at which the trustees of the McKendreean College shall accept jj^^jg^®^" 
the same ; and the evidence of said acceptance shall be a copy 



8 INCORPORATION LAWS OF ILLINOIS. 

of the order of the board, ordering this act to be spread upon 

their journals, certified by the president and secretary ol the 

board. 

Violations of ^Ec. 17. Should the corporation at any time act contrary 

charter shall to the provisions cf this charter, or fail to comply -with the 

work forfeit- game, upon complaint beinj;; made to the circuit court of St. 
ureofsanie. /-ii • ' . .r • i 11 ■ j ^i • •» ^^ 

UJair county a scire facias shall issue, and the circuit attorney 

shall prosecute in behalf of tne people of this State for a for- 
Act deemed feiture of this charter. This act shall be a public act, and 
public. shall be construed liberally in all courts for the purposes here- 

inbefore expressed; and, so iar as this institution is concern- 
ed, all acts, as far as they may be contradictory to this act, 
are hereby repealed. ^^ 

Approved, January 26, 1839. 



In force, Feb. AN ACT to incorporate the town of Danville. 

3, 1839. 

Sec, 1. Be it enacted by the People of the State of Illinois^ 
represented in the Genercil Assembly, That George W. Cas- 
sedy, John M. Wilson, Isaac II. Moores, Guy Merrill, and 
William Knight, be, and they are hereby, constituted a body 
Name & style, politic and Corporate, to be known by the name of "The presi- 
dent and trustees of the town of Danville ;" and by that name 
they and their successors shall be known in law, have perpet- 
Powers and ^^1 succession, sue and be sued, plead and be impleaded, de- 
ges. |-gj^^ ^^^ j^^ defended in courts of law and equity, and in all 
actions and matters whatsoever; may grant, purchase, re- 
ceive, and hold property, real and personal, within said town, 
and no other; and may lease, sell and dispose of the same for the 
benefit of the town, and may have power to lease any of the 
reserved lands which have been or may be appropriated to the 
use of said town; and may do all other acts as natural per- 
sons; may have a common seal, change and alter the same at 
pleasure. 

Sec. 2. That all <he lands in section eight, township nine- 
Lands in ECO- teen north, of range eleven west, lying north of the B'g Ver- 
tion eight. milion river, and east of the north fork, be, and the same are 
hereby, declared to be within the boundaries of the town of 
Danville. 

Sec. 3. The corporate powers and duties of said town 
TrnsteeB. ghall be vested in five trustees, after the term of present in- 
cumbents has expired, to wit, on the first Monday in may 
next, who shall form a board for the transaction of business. 
Sec. 4. The members composing the board of trustees 
Annual elec- shall be elected annually, on the first Monday in May, to serve 
for one year, and until others shall be legally qualified. They 
shall be at least twenty-one years of age, citizens of the Uni- 
ted States, and shall posses a freehold estate within the limits 
of the corporation. Those persons only shall be qualified to 
vote for trustees, or in such town meeting as may be held in 



INCORPORATION LAWS OF ILLINOIS. 9 

conformity to this act, who possess tlie requisite qualifications Qualification 
to vote for State officers, and have resided within the limits o^ ^°'*^"' 
of the corporation six months previous to such elections or 
town meetings. 

Sec. 5. The board of trustees shall appoint their presi- Pi'^^ij^^n^ «<" 
dent from their own body, shall appoint all other officers of ""^"^ 
their board, and shall be the judges of the quahfications, elec- 
tions, and returns of their own members, and shall give three 
days' notice, posted in three of the most public places in the 
said town, or printed in some newspaper in said town, of an 
election to fill all vacancies in the board occasioned by the Notice of 
death, resignation, or six months' absence of any member election, 
thereof. A majority shall constitute aboard to do business; but 
a smaller number may adjourn from day to day, may compel 
the attendence of absent members in such manner and under 
such penalties as the board may provide. They may determine 
the rules of proceedings, and make such other rules and regu- 
lations for their own government as to them may seem proper 
and expedient. 

Sec. 6. The board of trustees shall have power to levy 

and collect taxes upon all real estate within the town, not ex- "^^^ °^ ^^^^ 

ceeding one per cent, upon the assessed value thereof except 

as may be hereinafter excepted; to make regulations to secure 

the general health of the inhabitants; to prevent and remove -vr. . „„„„ 

. o . 1 1 '^ ■ JNmsances, 

nuisances; to restram horses, cattle, sheep, swine, and dogs how removed. 

from running at large; to establish night-watches, erect lamps Nio-ht-watch. 
in the streets, and lighting of the same; to erect and keep in 
repair bridges; to license and regulate taverns; to license and License pow- 
tax merchants, auctions, pedlers, theatrical and other shows ers. 
of amusements; to restrain and suppress billard tables and tip- 
ling houses; to prohibit gaming houses, bawdy houses, and 
other disorderly houses ; to prohibit the shooting of fire-arms 
within the limits of the said town, except to persons licensed 
for the benefit of trade; to prohibit the exhibition of stallions 
in the streets; to establish and erect markets; to open and 
keep in repair streets and avenues, lanes and alleys, drains gt^getg ^^^ 
and sewers, and to keep the same free from incumbrances; to avenues, 
establish and regulate a fire department; to provide for the 
prevention and extinguishment of fires; to reg-ulate the Prevention of 
police of the town; to regulate the election of town officers; "'"^' 
to fix their compensations; to establish and enforce quarantine 
laws; and from time to time to pass such ordinances, to carry 
into effect the ordinances of this act and the powers hereby 
granted, as che good of the inhabitants may require^and im- 
pose and appropriate fines and forfeitures for the breach of ^'"®^- 
any ordinance, and to provide for the collection thereof; and 
that in cases arising under this act or growing out of the by- By-laws, 
laws or ordinances made in pursuance of this act of incor- 
poration, any justice of the peace, within said corporation, 
shall have jurisdiction to hear and determine the same; and^^^^^^ ^C ^^^ 
an appeal may be taken, and writs of certinniri allowed from tiorari. 



10 INCORPORATION LAWS OF ILLINOIS. 

such decisions, in the same manner as now is or hereafter may 
be provided by law for appeaUng from judgments of justices 
of the peace. 

Sec. 7. The board of trustees shall have power to levy a 

School houses ^^^ ^^^ ^^^ erection of school-houses and the support of com- 
mon schools within said t-orporation, and to raise money, by 
loan on the credit of the town, for commencing and prosecut- 

Provieo. jng works of public improvement: Provided, however, That 

the same shall be submitted to the vote of the citizens of the 
town, and af^p roved by two-thirds thereof. 

Sec. 8. That upon the application of the owners of two- 
thirds of the real estate upon any street, it shall be lawful for 
the board of trustees to levy and collect a special tax on the 
owners of the lots on said street, according to their respec- 

Grading side- tive fronts, for the purpose of grading and paving the side- 

jralks. walks of said streets. 

Sec. 9. That the board of trustees shall have power to 
regulate, grade, pave, and improve the streets, avenues, lanes, 
and alleys, within the limits of said town, and to extend, 

Alteration of open, and widen the same, and to set aside and appropriate 

streets, c. sufficient ground for a square for a market and other public 
purposes, making the person or persons impaired thereby ade- 
quate compensation; to ascertain which the board shall cause 
to be summoned twelve good and lawful men, freeholders and 
inhabitants of said town, not directly interested, who, being 
first duly sworn for that purpose, shall inquire into and take 
into consideration as well the benefit as the injury which may 
accrue, and estimate and assess the damages which would be 
sustained by opening, widening, or extension of any street, 
avenue, lane, or alley, or setting aside and appropriating ground 
for a market square and other public purposes ; and shall, 
moreover, estimate the amount of which other persons will be 
benefitted thereby, and shall contribute towards compensating 
the persons injured; all of which shall be returned to the 
board of trustees, under their hands and seals; and the per- 
son or persons who shall be benefitted, and so assessed, shall 
pay the same in such manner as shall be provided; the resi- 
due, if any, shall be paid out of the town treasury. 

Sec. 10. That the trustees shall have power to survey and 
plat the grounds within the corporation limits, and record the 
same; which, when thus surveyed, platted, and recorded, shall 

Proviso, be a governing plat for town uses and purposes : Provided, 

however, That this shall not be so construed as to give the 
trustees power to vary from any established plat as thereby 
to affect the rights of private individuals. 

Sec. 11. That whenever the owners of any lot or piece 
of ground included within said corporation shall neglect or 

Refuse to pay refuse to pay the tax or taxes levied* on the same when they 

tax. n^ay become due, it shall be the duty of the constable to ad- 

Lo^s how yertise the same for non-payment, either in a newspaper 



INCORPORATION LAWS OF ILLINOIS. H 

printed in said town, or by posting in three of the most pub- Notice of sale. 
lie places in said town, for the space of sixty days, and, on 
further failure of payment thereof, to sell at public sale said 
lot or piece of ground to pay said taxes and defray the ex- 
penses of collection. 

Sec. 12. All ordinances shall, within ten days after their 
passage, be posled in three of the most public places in said be "b^^hed* 
town, or published in some newspaper printed in said town. 

Sec. 13. That when any real estate in said town shall be 
sold by authority of said corporation for the non-payment of 
taxes, said lands may be redeemed in the time that other lands 
are redeemed by virtue of the laws of this State, upon pay- Redemption 
ing the treasurer of the board double the amount of taxes for° °'^* 
which the same was sold, together with all the costs accruing 
on such sale: lands not redeemed, such shall be conveyed by p^g^ q, ^g^^_ 
special warranty, under the sale [seal] of said corporation. ranty. 

Sec. 14. The officers of said town, in addition to the Officers of 
trustees, shall consist of one cleric, one constable, (whose duty '°^°- 
it shall be to assess and collect the taxes, to weigh and meas- 
ure, and act as free [fire] inspector,) one street commissioner, 
one treasurer, one town surveyor, and such other officers as 
the trustees of said town may deem necessary for the good of 
said town; all of whom shall be sworn or affirmed to act as"^"^^ sworn, 
conservators of the peace, and whose duty it shall be to com- 
plaia to any justice of the peace residing in said town, with- 
out oath, of any violation . of the laws of said corporation ; 
and all of whom shall give bond to said trustees, in a suitable '^° S^^^ ^°°'^- 
penalty, for the faithful performance of their respective du- 
ties. 

Sec. 15. That the president and trustees of said town 
shall, whenever they may deem it necessary, order the forma- 
tion of fire-engine companies, hook, hose, and ladder and Fire-en^ne 

• -J • \ \ • u t, compaiiies. 

property companies; said companies to contain such number ^ 
of members as said trustees by their ordinances shall direct. 
The members of said company shall be exempt from military ^^""^^''erex- 
duty ; and, whenever a member of either company shall have empt from 
served twelve years, he shall receive a discharge from the in- miltary duty, 
corporation, signed by the president, and shall thereafter be '^.®'"™ °^ ^'' 
exempt from further military duty, except in cases of inva- 
sion. 

Sec. 16. That all lots or parcels of ground in said town 
which have been conveyed, by the original proprietors thereof 
or other persons, to the inhabitants of said town in their ag- 
gregate capacity, or to any person or persons in trust for them 
or for their use and benefit, all ^unds raised or to be raised by 
the sale of donation lots or otherwise, whether for the erec- 
tion of school-houses, academies, or places of public worship, Academies, 
are hereby declared to belong to and be vested in said 
corporation, and shall be under the management and di- 
rection of the trustees aforesaid and their successors, and ap- 
plied in furtherance of the objects intended by the proprietors 



12 



INCORPORATION LAWS OF ILLINOIS. 



Notice of 
meetings. 



Proviso. 



sworn. 



Trustees may or donors thereof; and the said trustees shall have power to 
^"®' institute suits for the recovery of every or any such lots or 

parcels of ground, should it be necessary, and to perfect in 
them and their successors the title thereof, or to make such 
other adjustment relative thereto as to them shall seem expe- 
dient and proper. 

Sec. 17. That it shall be the duty of the board of trustees, 
in such manner as they may hereafter provide, to give notice 
of all town meetings to be held, whether for the election of 
trustees or any other purpose arising under the provisions of 
this act, by posting the same in three of the most public pla- 
ces in said town, or by printing as aforesaid, and stating there- 
in the object of such meeting: Provided^ however^ That not 
less than three days' notice of any such meeting shall in any 
case be given, except in cases of emergency. 

Sec. 18, That the members of the board of trustees and 
every officer of said corporation shall, before entering on the 
^«^-t" ^° ^^ duties of his officer, take an oath or affirmation before some 
judge or justice of the peace, to support the constitution of 
the United States and of this State, and faithfully to discharge 
the duties of their several officers. 

Sec. 19. That the trustees may have power to divide said 
town into such number of wards as to them shall seem expe- 
dient and proper: Provided, however^ That no stock belong- 
ing to citizens without the boundaries of said town shall be 
hurt or injured by the authority of said corporation. 

Sec. "20. All tines, penalties, and forfeitures imposed by 
the ordinances of the president and trustees of the town of 
Danville, or by this act, shall be recovered, in the name of 
the president and trustees of the town of Danville, before 
any justice of the peace residing in the said town; and when 
the amount of the fine, penalty, or forfeiture is not specifical- 
ly defined by ordinance, or by this act, the court trying the 
case shall say what the amount shall be, and execution shall 
issue forthwith and be levied on the goods and chattels of the 
person or persons convicted, to be found in the county of 
Vermilion; and if no goods and chattels be found upon which 
to levy, a ca. sa. may be issued against the body of any de- 
linquent offende.' or offenders, who shall be imprisoned in the 
cojntyjuil twenty-four hours for a fine of five dollars or less; 
forty-eight hours lor a fine of ten dollars; and not less than 
five dollars and twenty- four hours for each additional five dol- 
lars as aforesaid. 

Sec. 21. The president and trustees of the town of Dan- 
ville shall have power to pass any ordinance for the govern- 
ment of said town, for the preservation of the peace, good 
order, security, &c., not repugnant to the laws of this State; 
and all ordinances and acts passed by the president and trus- 
tees aforesaid shall be obligatory upon and cognizable by the 
several courts of this State, and justices, sheriffs, and consta- 
bles in the county of Vermilion, and all other persons within 



Town may be 
divided. 

Proviso. 



Fines and for 
feitures. 



Execution is 
sued forth- 
with. 



Delinquent 
may be im- 
prisoned. 



Ordinances. 



INCORPORATION LAWS OF ILLINOIS. 13 

the limits of said town, to all intents and purposes, as the acts 
of the General Assembly of the State of Illinois; and it shall 
be the duty of all officers aforesaid to complain before any 
justice of the peace as aforesaid, under oath, of any violation 
of the laws of said corporation which may come to their 
knowledge ; and it shall be competent for any person to lodge 
a complaint for any violation of the said laws, without an oath 
being required by said justice, whose duty it shall be forth- 
with to require the party so violating to appear before him. 

Sec. 22. All funds in the hands or which may come to Funds with 

the hands of the late trustees of said town are hereby declar- f "^^^f^l "^"^i 
11 1 • I 11 • 1 T"i • 7 . t^'^s ^o be paid 

ed to be vested m the trustees hereby appomted; rrovided, ovev. 

That if a majority of the legal voters within the limits of said Proviso, 
corporation shall, at the first regular election for trustees of 
said town, vote against being incorporated under this act, 
then this act shall be void to all intents and purposes: And 
provided, further, that a majority of the legal voters of said Proviso, 
corporation shall have power, at any regular election of trus- 
tees, to dissolve the same. 

This bill having remained with the Council of Revision ten days, and Cerlificate 
the General Assembly being in session, it has become a law tiiis 3d day of Sec. of State. 
February, 18.39. 

A. P. FIELD, Secretary of State . 



AN ACT to amend ''An act to extend the corporate powers of the tuwa In force, Feb . 
of Peoria," approved January ;21, 1837. 20, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That it shall be the duty 
of the trustees of the town of Peoria to cause to be paid over ^^^J ° 
and refunded to the purchaser or purchasers of any lot or lots 
sold lor the non-payment of taxes assessed thereon, that may 
be redeemed under the provisions of the lOth section of the 
act to which this is an amendment, the amount of purchase ^^^ referred 
and redemption money, except the amount of tax, interest, to. 
and cost for which the same was sold. 

Sec 2. The next general election for trustees of said 
town of Peoria shall be held on the last Monday in November 
next; and every annual election for trustees tiiereafter shall Annual elec- 
be held on the last Monday in November. The present board fio° °f ^'""8- 
of trustees of said town shall hold their offices until the first 
Monday in December next; at which time tlit^ new board tiiat 
may be elected on the said last Monday in November shall be 
required to enter upon the discharge of the duties of their 
office, and continue in office for one year, and until their sue- '^'"^rin of office 
cessors are elected and qualified. 

Sec. 3. The eleventh section of the act to which this is Parts of acts 
an amendment, and so much of the fourth section of the same repealed. 
act as requires the trustees to be elected on the last Monday 
in July, is hereby repealed. 

Approved, February 26, 1839. 



14 



INCORPORATION LAWS OF ILLINOIS. 



Body politic, 



Name. 
Object of. 



In force, Jan. AN ACT to incorporate the Mechanic Association and Galena Beneficial 
12, 1«39. Society. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Asstmbly, That John L. Slayma- 
ker, S. W. Schwatka, Matthew Fawcett, James Sparr, J. P. 
Stevins, James Connally, M. Gorman, G. H. Mars, H. H. 
Houghton, P. H. Schermer, G. Sparr, J. W. Moss,^ Thomas 
Spriggins, Henry Yeates, S. B. Sparr, Robert Kirkpatrick, 
Timothy Falvey, A. Blaylor, John Jones, James Willson. S. 
E. Smith, S. B. Heron, Matthias Shears, D. K. Hinkle, J. P. 
Dezega, P. S. Dunbar, John Dowling, S. H. Haynes, S. P. 
Blood, David Smith, John Strong, Ephraim Getty, Richard 
Gear, Zephaniah Bell, James Johnson, and G. W. Brownwell, 
and their associates and successors, be, and they are hereby, 
constituted a body politic and corporate, under the name aud 
style of "The Mechanic Association and Galena Beneficial 
Society," for the purpose of producing harmony and good 
fellowship, promoting their common interest, disseminating 
useful knowledge, and to relieve and give succor to the afflicted 
and distressed of their own members, and for no other purpose 
whatever. 

Sec. 2. The said corporation, by the name of "The Me- 
chanic Association and Galena Beneficial Society," is declared 
and hereby made capable, in law, to sue and be sued, to plead 
and be impleaded, to have a common seal, the same to alter 
or renew at pleasure; to make and adopt a constitution and 
by-laws for the government of said corporation, not incon- 
sistent with the constitution and laws of this State, or of the 
laws or constitution of the United States, and the same to 
alter and amend whenever it may be deemed necessary: Pro- 
vided, That the said corporation shall not hold more than one 
acre of ground, with the improvements thereon, except such 
as shall be donated to, and for the sole use and behoof of, said 
corporation. 

Sec. 3. The officers of this corporation shall consist of a 
president, two vice presidents, secretary, treasurer, an execu- 
tive committee of five members, librarian, and messenger, 
who shall continue in office for the term of one year, and 
until their successors are elected, together with such other 
officers as may be provided for by the constitution and by- 
laws of the corporation; the duties, rights, privileges, and 
liabilities of the said officers to be defined by the constitution 
and by-laws of said corporation. 

Sec. 4. All fines and forfeitures imposed by the by-laws 
and constitution of said corporation, not exceeding twenty 
dollars, shall be recovered by action of debt, before any ma- 
gistrate of the proper county, by the said company in their 
corporate capacity, which shall be for the use of said com- 
pany. 



Powers and 
privileges. 
Have a seal. 
Constitution 
and by-laws. 



Shall not hold 
more than one 
of land. 
Proviso. 



Officers. 



Term of office, 



Duties to be 
oetincd by 
constitution 
and by-laws. 



INCORPORATION LAWS OF ILLINOIS. 15 

Sec. 5. This corporation shall not be dissolved nor a divi- How & when 
dend made of its funds or effects while there are seven resident corpoiation 
members in favor of its continuance. 3vcd^ ^" 

Sec. 6. This act to take effect and be in force from and 
after its passage. 

Approved, January 12, 1839. 



AN ACT to amend an act, entitled "An act to incorporate the Carmi In force, Jan. 
Bridge Cmmpany," approved February 6, 1835. 18, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the eleventh 
section of the act to which this is an amendment be, and the Act repealed, 
same is hereby, repealed. 

Sec. 2. The act to which this is an amendment shall cease 
to have effect, unless the said bridge be completed, so as to be Proviso, 
passable, within three years from the passage of this act. 

Approved, January 18, 1839. 



AN ACT to amend "An act to incorporate the Mississippi and Rock In force, Jan. 

River Carnal Company." 12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the corporation Corporation 
enacted by the act to which this is an amendment, shall have *° ^^\^ '"''' . 
two years, in addition to the time allowed by said act, both for ^Qn^^to"po^m.^" 
the commencement and completion oi" said canal in said act mence and 
mentioned, without working a forfeiture of said charter, any complete ca- 
thing in said act of incorporation to the contrary not with- °^ " 
standing. 

Approved, January 12, 1839. 



AN ACT to incorporate the Menard Academy of Kaskaskia. In force, Jan. 

24, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Matilda Flanigan, Matilda Flan- 
Harriet Brent, Mary King, Jerusha Barber, Margaret King,'^^an and^jth- 
Josephine G. Barber, Mary A. Powers, Martha Tyler, Martha body politic. 
Brawner, Catherine Murray, Ellen Vocherine, and Catherine 
Rublout, and their successors, be, and they are hereby, created 
a body politic and corporate, to be styled "The Menard Acad- Name&style. 
amy of Kaskaskia;" and in that name to remain in pertjetual 
succession, with power to sue and be sued, plead and be im- May sue and 
pleaded; to acquire, have, and convey property, real and ])er- h^J'I^,^!!" eny 
sonal; to have and to use a common seal, and to alter the Have a seal. 
same at pleasure ; to make and alter, from time to tinie, such 



16 INCORPORATION LAWS OF ILLINOIS. 

by-laws as they may deem necessary for the government of 
Proviso. sai(i institution, its officers and servants: Provided such by- 

laws are not inconsistent with the constitution and laws of 
this State and of the United States. 
Power to fill Sec. 2. Said corporators shall have power to fill such va- 
vacancies. cancies in their own body as may happen by death, resigna- 
tion or otherwise, and shall hold the property o aid institu- 
Property held tion, solely for the purposes of female education, and not as a 
for exclusive stock for the individual benefit of themselves, or of any con- 
HcHi? ^ ^ ' tributor to the endowment of the same ; and no particular re- 
ligious faith shall be required of those who become students 
of said institution. 
Location of Sec. 3. Said institution shall remain located in the town 
Itisimniou at ^^ Kaskaskia, in the county of Randolj)h; and the corporators 
and their successors shall be competent, in law and equity, to 
take to themselves, in their said corporate name, real, person- 
al, or mixed estate, by gift, grant, bargain and sale, convey- 
ance, will, devise or bequest of any person or persons whom- 
soever; and the same estate, whether real or personal, to 
Mav dispose S^*^"^^' bargain, sell and convey, demise, let, place out at inter- 
of property, est, or Otherwise dispose of the same for the use of said insti- 
tution, in such manner as to them shall seem most beneficial 
to said institution. Said corporators shall faithfully apply all 
lunds collected, or the proceeds of the property belonging to 
said institution, according to their best judgment, in erecting 
Fundsapplicd and completing suitable buildings, supporting the necessary 
to erect officers, instructors and servants, and procuring books, maps, 

ings- charts, globes, and philosophical apparatus necessary to the 
success of said institution: Provided, nevertheless, That incase 
any donation, devise, or bequest shall be made for partic- 
ular purposes accordant with the design of the institution, and 
the corporation shall acce})t the same, every such donation, 
devise, or bequest shall be apjolied in conformity with the ex- 
Proviso, press conditions of the donor or devisor: Provided, further. 
Not to hold That said corporation shall not bo allowed to hold more than 
more than :2()0 t^vo hundred acres of land at any one time, unless the said 
.lores o a . corporation shall have received the same by gift, grant, or de- 
vise; and, in such case, they shall be required to sell or dis- 
pose of the same within three years from the time they shall 
acquire such title; and, on failure to do so, said lanJ shall 
revert to the original donor, grantor, devisor, or their heirs. 
Oiiioc.i; or in- Si:u. 4. The treasurer of the institution and all other 
stuution to ajrents, v/hen reciuired. before entering upon the duties of their 
securitv when ^PP^'^^'i'icnt"^, shall givc bonds ior the security of the corpo- 
reqiiired. ration, in such penal sums and with such securities as the cor- 
Process a- porators shall app,'*ove; and all process against the corporation 
gainst insiitu-gj^jjjj j^^^ j^y summons, and the service of the same shall be by 
leaving an attested copy thereof with the treasurer, at least 
sixty days before the return thereof. 

Sec. 5. The corporation shall have power to employ and 
appoint a principal for said institution, and all such instructors 



INCORPORATION LAWS OF ILLINOIS. U 

and instructresses, and all such servants as may be necessar}'-, 
and shall have power to displace any or either of them, as 
they may deem the interest of the institution requires; to fill y^c 
vacancies which may happen by death, resignation, or other- how filled, 
wise, among said officers and servants, and to prescribe and 
direct the course of study to be pursued in said institution. 

Sec. 6. If at any time the corporation shall act contrary 
to the provisions of this act, or shall in any manner abuse 
the powers herein granted, it shall be the duty of the Attor- Duty of At- 
ney General to file an information, in the nature of a quo torney Gen. 
warranto, for the purpose of vacating and annulling this actl^j^^^^"^*^^ 
and the powers herein granted. act. 

Approved, January 24, 1839. 



AN ACT to incorporate the town of Shelbyville. In force, 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the boundaries of the Boundariea of 
town of Shelbyville, in Shelby county, be as follows, viz: one She%ville. 
square mile, laid out by lines running due north and south, east 
and west; and that the southeast corner of lot number one in 
block number ten, in said town of Shelbyville, be the centre 
of said square mile; and the inhabitants of said town, and all 
persons within said boundaries, shall be and are hereby con- 
stituted a body politic and corporate, by the name and style o{^°'^J politic 
"The trustees ot the town of Shelbyville;" and by that name Name & style, 
they and their successors shall be known in law, have perpetual 
succession, sue and be sued, plead and be impleaded, defend and 
be defended, in courts of law and equity, and in all actions ^ 
and matters whatsoever; may grant, purchase, and hold prop- 
erty, real and person'^l, within said town, and no other (burial 
ground excepted,) and may lease, sell, and dispose of the same 
for the benefit of the town, and may do all other acts as na- 
tural persons; may have a common seal, and break and alter 
the same at pleasure. 

Sec. 2. The corporate powers and duties of said town 
shall be vested in five trustees, (to be chosen and appointed Nnmber of 
as hereinafter directed,) who shall form a board for the trans- ''■"^''^^^" 
action of business. 

Sec 3. The trustees shall be elected for the term of one 
year, and until their successors are elected, by residents of 
said town and incorporation who are qualified to vote for rep- 
resentatives to the Legislature. No person shall be a trustee Qualiflcation 
who is not twenty-one years of age, a citizen of the United for trustee. 
States, who has not resided within said incorporated limits 
six months previous to the election, and who is not a bona 
fide freehold. 



18 INCORPORATION LAWS OF ILLINOIS. 

Appointment Sec. 4. That the board of trustees shall appoint their 

°jlP'^^g,.g°^/^ president and ail other officers of their board, and shall be 
judges of the qualifications, elections, and returns of their 

Quorum. own members. A majority shall constitute a board to do bu- 
siness, and, in case of the refusal to serve, death, or resigna- 
tion of any member of the board, may supply the vacancy 
by appointing some other person instead. 

Sec. 5. That the said trustees shall have power, by ordi- 

May levy tax. nance, to levy and collect a tax, not exceeding one per centum, 
on all real estate within the town and limits of the corpora- 
tion, exclusive of improvements, according to valuation, and 
one per cent, on all personal property within the incorpora- 

License pow- ted limits; to provide for licensing, taxing, and regulating 

^"* merchants, auctions, taverns, groceries, and pedlers, and all 

shows and amusements; to restrain and prohibit gaming laws, 
bawdy houses and disorderly houses; to make regulations to 

ers!' ^'" ^°^' secure the general health of the inhabitants; to prevent and 
remove nuisances; to establish and regulate markets; to open 
and keep in repair streets, alleys, and sewers ; to provide for 

Fires. the prevention and extinguishment of fires ; to dig wells and 

erect purnps in the streets; and from time to time to pass 

Ordinances, g^^h ordinances, to carry into effect the object of this act and 
the powers hereby granted, as the good of the inhabitants 

Fines. may require, and to impose fines and forfeitures for the breach 

of any ordinance, and provide for the collection of the same; 
and that in all cases arising under this act, or growing out of 
the by-laws and ordinances made in pursuance of this act, 
any justice of the peace within said corporation shall have 
jurisdiction to hear and determine the same; and an appeal 

Appeal. may be taken, and writs of certiorari allowed for [from] any 

such decision, in the same manner as now is or hereafter may 
be provided by law for appealing from judgments of justices 
of the peace. 

Sec. 6. That, upon the ap})lication of the owners of two- 
thirds of the front of the lots on any street, it shall be lawful 

Special tax to for the board of trustees to levy and collect a special tax on 

pave side- ^j^^ owners of the lots on said street or parts of a street, ac- 
cording to their respective fronts, for the purpose of grading 
and paving the side-walks on said street. 

Sec. 7. The board of trustees shall have power to rcgu- 

- , late, grade, pave, and improve the streets, avenues, lanes, and 

avenues. alleys, within the limits of said town and corporation, and to 
extend, open, and widen the same, making the person or per- 
sons injured thereby adequate compensation; to ascertain 
which the board shall cause to be summoned twelve good and 
lawful men, freeholders and inhabitants of said town, not di- 
rectly interested, who, being first duly sworn for that pur- 
pose by any person competent to administer an oath, shall in- 
quire into and take into consideration as well the benefits as 
the injury which may accrue, and estimate and assess the 



INCORPORATION LAWS OF ILLINOIS. 19 

damages which would be sustained by reason of the opening, Benefit or 
extension, or widening of any street, avenue, lane, or alley ; *^"'^?*^^^J^ 
and shall moreover estimate the amount which other persons street. " 
will be benefitted thereby, and shall contribute towards com- 
pensating the person injured; all of which shall be returned 
4o the board of trustees, under their hands and seals; and the 
persons who shall be benefitted, and thus assessed, shall pay the 
same in such manner as shall be provided; and ihe residue, if 
any, shall be paid out of the town treasury. 

Sbc. 8. That the board of trustees shall have power, by Timber to be 
ordinance, to regulate and cause to be cleared 08*311 the timber, ^j^^pj^g^^^f'® 
under-growth, and rubbish on such parts of the town as have owner, 
been laid off into town lots, at the expense of the owners of 
said lots ; and, if the owners reluse to comply, to cause the 
timber and wood to be sold to defray such expense. 

Sec. 9. That the board of trustees shall have power to 
preserve good order and harmony in said town; to punish 
open indecency, breaches of the peace, horse-racing, shooting, 
riotous or noisy meetings; for which purpose they may make such 
ordinances as to them may seem proper, and that are not in- 
consistent with any of the public laws of this State, and may 
impose fines for the breach thereof; which fines shall be re- 
coverable before any justice of the peace residing in said town; 
and all suits and judicial proceedings under this act shall be 
brought in the name and style of "The president and board ^"^^VJ 
of trustees of the town of Shelbyville." 

Sec. 10. That the board of trustees may adopt such modes 
and means for the assessment and collection of taxes as they Apsessment. 
may from time to time fix upon and determine, and to pre- 
scribe the manner of selling property when the tax levied up- 
on it is not paid ; Provided, No sale of any town lots or other Proviso, 
real property shall be made until public notice of the time 
and place shall be given by advertisement in some newspaper, 
or at four public places in said town, at least fifteen days pre- 
vious thereto. 

Sec. 11. That when any town lots or real estate shall be Lots may be 
sold for taxes by virtue of this act, the same may be redeem- redeemed, 
ed, at any time within two years from the date of such sale, 
by the owner of said property, or his or her agent, executor, 
or administrator, paying to the treasurer of said town, for the 
use of the purchaser of said property, the full amount of pur-^^^®™P"°" 
chase money, with interest at the rate of twenty-five per ™°°^y' 
cent, per annum, together with the costs accruing thereon. 

Sec. 12. That upon the sale of any town lots or real estate 
for taxes, a certificate of purchase shall be given to the pur- 
chaser, signed by the president of the board of trustees, de- chase." ^"' 
scribing the property sold, setting forth the amount bid, and 
that the purchaser will be entitled to a deed within two years 
from the date of the sale, if the property be not redeemed as 
provided by this act; a copy of which certificate of purchase 



Suits, how 



30 



INCORPORATION LAWS OF ILLINOIS. 



Deed. 



Ordinances, 
how made 
public. 



Town con- 
stables. 

Powers of. 
Fees. 



All officers to 
take an oath. 



Notice of 
election. 



Vote for or 
against char- 
ter. 

General elec- 
tion. 



shall be left with the clerk of the board of trustees by the 
president within ten days from the sale aforesaid ; and if the 
town lots or real estate be not redemed as provided in this act, 
a deed shall be made to the purchaser, signed by the president 
of the board of trustees ; which deed shall be good and valid 
in law. 

Sec. 13. It shall be the duty of the board of trustees to 
cause to be paid to the purchasers of lots all moneys which 
may have been paid to the treasurer, over the costs for selling 
the same. 

Sec. 14. That all ordinances of the board of trustees shall 
be written out and signed by the clerk and published in a 
newspaper printed in said town, or posted up at four of the 
most public places, for two weeks before taking effect, and 
within one month from their passage. 

Sec. 15. That the board of trustees shall shall have power 
to appoint a town constable or constables, (and other necessary 
officers,) who shall possess the same powers and perform the 
same duties within said incorporated limits as the constables in 
the different townships possess, and shall be entitled to the same 
compensation. 

Sec. 16. That the members of the board of trustees 
and every officer of the corporation shall, before enteriitg on 
the duties of either office, take an oath or affirmation before 
some judge or justice of the peace to support the constitution 
of the United States and of this State, and faithfully to dis- 
charge their duties, and properly demean themselves in office. 

Sec. 17. That the foregoing provisions of this act shall 
take effect and be in force so soon as they shall have been 
accepted by the inhabitants of said town and incorporated 
limits, and not before, in manner as follows, viz : An election 
shall be held, on the first Monday in May next, at the court 
house, by giving ten days' notice of the same by posting up 
advertisements in four of the most public places in said town; 
at which election any two justices of the peace in said town 
may preside and appoint their clerk ; and all voters qualified 
as herein before described shall be entitled to vote for or 
against this charter; and if a majority of all the votes given 
be for the charter, then the said justices shall determine the 
time and place of holding the first general election, which 
shall not be more than one month nor less than two weeks 
after the acceptance of the charter, and shall publish notice 
thereof for ten days before the day appointed for the election 
of trustees ; and those elected trustees at the general election 
shall then proceed as hereinbefore provided, and continue in 
office for one year, and until their successors are duly elected 
and qualified. 

Sbc. 18. That the said justices of the peace who may be 
judges of the election shall make a true return of both elec- 
tions, and deliver it to the board, who shall preserve the same; 
and the board of trustees first elected, or any future board, 



INCORPORATION LAWS OF ILLINOIS. 21 

may alter the time of holding elections for trustees, by ordi- 
nance, if to the board it seemeth expedient: Provided, That Proviso. . 
nothing herein contained shall exempt the citizens of said cor- 
poration from working on the public highways as heretofore. 
Appeoved, March 2, 1839. 



AN ACT to incorporate the Tazewell County Commercial and Fire Insur- In force, Mar. 

ance Company. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be estab- 
lished in the town of Pekin, in the county of Tazewell, an 
insurance company, to be called "The Tazewell Commercial Name, 
and Fire Insurance Company." 

Sec. 2. All such persons as shall become stockholders, Stockholders, 
their successors and assigns, are hereby incorporated as a 
body corporate and politic, by the name and style aforesaid, 
to have continuance for and during the term of twenty-five Term of char- 
years from and after the passage of this act; and such corpo- ser- 
rate name and style shall be, for the time aforesaid, capable, 
in law and equity, to sue and be sued, plead and be impleaded, 
answer and be answered unto, defend and be defended, in all 
manner of suits, actions, pleas, causes, matters, and demands 
whatsoever, in as full and effectual a manner as any person, 
body corporate or politic, may or can do; and may have a^ow^i'^- 
common seal, which they may alter or break at pleasure ; and 
may purchase, hold, and convey any real estate or personal 
property for the use of said company: Provided, That the 
said company shall not, at any one time, hold real estate ex- May hold and 
ceeding the sum of twenty thousand dollars, excepting such gg^a^ef 
as may be taken for debt, or held as collateral security for 
money due to said company. 

Sec. 3. The said company shall have full power and law- Powers of in- 
ful authority to insure all kinds of property against loss or s"^^^'^^- 
damage by fire or any other cause or risk; to make all kinds 
of insurance against loss and damage on goods, merchandize, 
and produce, in the course of transportation or otherwise, 
whether by land or water, and on any vessel or boats what- 
ever they may be ; to loan any part of their capital stock on 
respondentia or bottomry, or on mortgage of real estate, and 
to receive such interest therefor as is provided for by this act. 
Said company may cause themselves to be insured against 
any loss or risk they may have incurred in the course of their 
business, and against any maritime or other risk upon the mter- 
est they may have in any vessels, boats, goods, merchandize, 
or other property, by means of any loan or loans which they 
may have on respondentia or bottomry; and generally to do 
and perform all other necessary matters and things connected 



'22 INCORPORATION LAWS OF ILLINOIS. 

with, and to promote the objects of their incorporation : Pro- 
vided, That where said company shall loan out, on mortgage of 
real estate, any portion of their capital stock, they shall not 
be authorized to receive a higher rate of interest than ten per 
centum per annum. 
Capital stock ^^^- ^' ^^^ capital Stock of said company, exclusive of 
$50,000. notes and profits arising from business, shall be fifty thousand 
dollars, and shall be divided into shares of fifty dollars each, 
fifty per centum of which shall be paid in good and lawful 
currency of the United States, or of this State, within the 
first six months after the directors and company shall have 
been chosen ; and the residue at such times and in such in- 
stalments as the president and board of directors may call for 
the same, under such penalties and forfeitures as the president 
and directors may order and direct. 
Capital may gj,^,^ ^ -pj^g capital stock of said company may hereafter 
to 4200,000. be increased to ap amount not exceeding two hundred thou- 
sand dollars, should a majority of the stockholders deem it ad- 
visable ; which additional stocks shall be subscribed for under 
the direction of the president and directors of said company; 
fifty per centum of such increased capital stock shall be paid 
in within the first six months after the same has been sub- 
Proviso, scribed : Provided, however. That the capital stock of said com- 
pany shall not be increased until the Avhole of the original 
stock is paid in. The stock of said company shall be deemed 
personal property, assignable and transferable on the books 
of the corporation ; but no stockholders, indebted to the cor- 
poration, shall be permitted to make a transfer until such debt 
be paid or secured to the satisfaction of the directors. 

Sec. 6. David C. Alexander, Oliver Lindley, Spencer 
Field, Samuel Pilsberry, and Charles Oakley, are hereby ap- 
Commission- pointed commissioners to receive subscriptions to the capital 
era to receive g^Q(,[, qI" g^jj company. Said commissioners shall open one 
^' or more books for subscription to said stock, on such days and 
at such places as they may deem proper, and keep the same 
open until the whole of the capital stock of said company 
shall have been subscribed for, giving at least twenty days' 
notice of the time and place when such subscription books will 
be open. The sum of one dollar on each share shall be paid to 
the said commissioners at the time of subscribing; and when- 
ever the whole amount of capital stock shall be subscribed 
lor, said commissioners, or a majority of them, shall call a 
^^^kh^n^ meeting of the stockholders, by giving public notice in some 
■ newspaper published in this State, of at least thirty days, for 
Board of di- ^^j^g purpose of choosing a board of directors in pursuance of 
this act; which meeting shall be held in the town of Pekin: 
Proviso. Provided, That each share of stock shall be entitled to one 

vote, which may be given either in person or by proxy; and 
so soon as a board of directors are elected and organized, the 
said commissioners shall deliver over the subscription books. 



INCORPORATION LAWS OF ILLINOIS. 

and the whole amount of money they may have received on 
subscription, to the said board of directors. 

Sec. 7. The stock, property, and all the transactions, and 
business of said company shall be conducted by nine directors, Howconauct- 
who shall be chosen by the stockholders by ballot. Said direc-^ ' 
tors, at the time of their election and during their continuance 
in office, shall be citizens of this State, and holders, respec- 
tively, of capital stock of said company. Said directors 
shall hold their office for one year from the time of their 
election, and until their successors are elected and qualified. 
They shall elect one of their own body president; and, in 
case of the death or resignation of any one of said board, 
whereby a vacancy shall occur, it shall be lawful for a ma- 
jority of the surviving directors to appoint some person from 
among the stockholders of said company to fill such vacancy, 
who shall hold their office until the next annual election. 

Sec. 8 The president and four other directors (or five of Quorum, 
the directors during the absence of the president) shall con- 
stitute a board competent to do and transact business, and 
shall have power to make such rules, regulations, and by-laws 
as to them may seem needful and proper, touching the man- 
agement and disposition of the property, stock, and effects of 
said company, and the transfer of stock, and touching the du- 
ties of the several officers and clerks employed by them, and 
the election of directors and all such matters as appertain to 
the business of insurance ; and shall also have power to ap- 
point a secretary, and to regulate the salary and pay of such 
persons as shall be in their employment: Provided such by- 
laws are not repugnant to the laws of this State or the Uni- 
ted States. 

Sec. 9. It shall be the duty of the directors of said company, 
at such times as the by-laws thereof shall prescribe, to make 
dividends of the profits and interest accruing from the busi- •'^"*^^^°"^- 
ness of said company as to them shall seem meet and proper, 
and shall lay before the stockholders a particular statement of 
the profits, if any there be, after deducting losses and divi- 
dends, and also such other information relative to the affairs 
of said company whenever a majority of the stockholders 
shall require it; a\1d said company shall not take any risk, nor 
subscribe any policy by virtue of this act, until one-half ol 
the capital siock of said company shall have been paid in. 

Sec. 10. Said company shall not, directly nor indirectly, 
deal or trade in buying or selling any goods, wares, or mer- 
chandize, or other commodities whatever. The capital stock 
of said company collected at each instalment shall, within six 
months thereafter, be invested either in bank stock of the Capital stock 
State Bank of Illinois or Bank of Illinois, or loaned on bond, to be invested 
and secured by mortgage on real estate in this State, at such ]"aned" °' 
rates of interest as is lawful for individuals to charge in this 
State. 



24 INCORPORATION LAWS OF ILLINOIS. 

In case of g^c. 11. In case of any loss or losses taking place -which 
shall be equal lo the capital stock of said company, and the 
president and directors, after knowing of said loss or losses 
having taken place, shall subscribe any policy of insurance, 
their estate, jointly and severally, shall be accountable for any 
and every loss which shall take place under policies so sub- 
scribed ; and the estate of the stockholders as aforesaid shall 
be liable to any losses, equal to the amount of said stock sub- 
scribed and not paid in, in all cases of losses exceeding the 
means of said company, whether they consist of stock paid in 
or profits not divided. 

Sec. 1'2. The said company shall not be permitted to in- 
sure on any one risk an amount exceeding ten per centum of 
the capital actually paid in, and secured to be paid in upon 
the call of the president and directors of said company; nor 
shall they be permitted to loan to any one individual or com- 
pany an amount exceeding eight per centum of the capital so 
paid in. 
When stock ^^^' 1^- ^^ soon as the capital stock of this company 
is paid in. shall have been paid in according to the terms of this charter, 
it shall be the duty of the president and directors thereof to 
make oath, before some justice of the peace, that said money 
is paid in as the capital stock of said company, and for no oth- 
er purpose whatever; and the oath, certified by said justice 
of the peace, shall be filed in the office of the clerk of the 
county commissioners' court of Tazewell county. 
Approved, March 2, 1839. 



In force, Feb. AN ACT to extend the corporate powers of the town of Pekin. 
23, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois j 
represented in the General Assembly, That the resident inhabi- 
tants of the town of Pekin, in Tazewell county, are hereby 
constituted a body politic and corporate, to be known by the 
Name<&. style name of "The president and trustees of the town of Pekin," 
tic. ° ^ ^°^'and by that name shall be known in law and have perpetual 
succession; may sue and be sued, plead and be impleaded, 
defend and be defended, in courts of law and equity, and in all 
actions and matters whatsoever; may grant, purchase, re- 
Powers, ceive, and hold real estate and personal property within the 
limits of said town, and no other, (burial ground excepted;) 
may sell and convey the same for the benefit of said town. 
They shall have power to lease any lands that now are, or 
which may hereafter be, reserved and appropriated to the use 
of said town, and to do all other lawful acts as natural persons; 
may have a common seal, and alter the same at pleasure. 
Sec 2. That all that district of country contained within 
Boundaries of |.|^g following boundaries, to wit: Beginning at the northeast 
corner of section thirty-five, in township number twenty-five 



INCORPORATION LAWS OF ILLINOIS. 25 

north, of range five, west of the third principal meridian, in 
the county of Tazewell, and State of Illinois; thence, due 
south, two miles; thence, west, two miles; thence, north, to 
the west bank of the Illinois river; thence, up the west bank 
of said river, to a point due west from the place of beginning; 
thence, east, to the place of beginning, is hereby declared to 
be within the limits or boundaries of the town of Pekin. 

Sec. 3. The corporate powers and duties of said town Po^^" vested 
shall be vested in five trustees, who shall form a board for the ^^^g ^^ ^'"^' 
transaction of business; they shall be elected annually, on the 
second Monday in August, by the persons residing in said 
town qualified to vote as hereinafter provided, to serve for one 
year and until their successors are elected and qualified. 
They shall be citizens of the United States, twenty-one S-"offic2?°" 
years of age, shall possess a freehold estate within the limits 
of said corporation, and shall have been residents in said town 
one year next preceding the election. 

Sec. 4. That Samuel^ Pilsberry, David C. Alexander, 
Spencer Field, John O. Hide, and Richard H. Snell, be, and tees, 
thereby [they are hereby] dfeclared to be trustees of said town, 
to serve until the second Monday in August next, and until 
their successors shall be elected and qualified. 

Sec. 5. The board of trustees shall appoint their president President, 
from their own body, shall appoint all other officers of their 
board, and shall be the judges of elections and returns of their 
own members. A majority shall constitute a board to do busi- 
ness, but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members in such 
manner and under such penalties as the board may provide. 
They may determine the rule of proceeding, punish the mem- j. i • r 
be rs for disorderly conduct, and, by a vote of two-thirds of members, 
the whole number elected, expel a member, and make such 
other rules and regulations for their own government as to 
tl\em may seem proper and expedient. 

Sec. 6. No person shall vote for trustees of said town Qualification 
unless he be qualified to vote for representative for the General of voters. 
Assembly, and shall be liable to pay a corporation tax for the 
then current year, and shall have resided in said town for at 
least three months next preceding the election at which he 
offers his vote. 

Sec. 7. The board of trustees shall have power to levy Tax in town, 
and collect a tax on all real estate and personal property 
within the said corporation, not exceeding one per centum 
upon the assessed value thereof; to make regulations to secure 
the general health of the inhabitants; to prevent and remove 
nuisances ; to establish night-watches ; to erect lamps in the Night-watch, 
streets, and light the same ; to license ferries and regulate the Licenses, 
tolls thereof within the limits of said corporation ; to restrain 
and prohibit shooting, horse- racing, houses of ill-fame, gam- 
bling, and other disorderly houses ; to provide for licensing, 



26 INCORPORATION LAWS OF ILLINOIS. 

taxing, and regulating or prohibiting theatrical and other 
shows or amusements; to regulate and license merchants, 
inn-keepers, groceries, and auctioneers; to establish and regu- 
markets'^"'^ late markets and erect market-houses; to widen and keep in 
repair streets, side-walks, lanes and alleys, drains and sewers; 
to keep the same clean and free from encumbrances; to dig 
Wells and wells and erect pumps on the streets for the convenience of 
pumps. the inhabitants; to construct aqueducts to supply the town 

with water; to regulate the storage of gun-powder and all 
other combustible materials ; to provide for the prevention 
men°^ofVes ^i^d extinguishing of fires; to regulate the police of the to.wn; 
*to regulate the election of town officers; to fix the compensa- 
tion of town officers ; and, from time to time, to pass such 
ordinances, to carry into effect the provisions of this act and 
the powers hereby granted, as the good of the town may 
require, and which may not be inconsistent with the laws of 
this State. For the breach of any ordinance, any justice of 
Power of jus- the peace within the county shall have power to hear and 
peace, (jg^gj-jj^jj^g ^j^y gf (j^q aforesaid offences : Provided the same 
shall be tried within the limits of the corporation; and appeals 
may be taken, and writs of certiorari allowed from any such 
judgment, in the same manner as now is or hereafter may be 
provided by law for taking appeals from judgments of justices 
of the peace. 

Sec. 8. That, upon the application of the resident owners 
of two-thirds of the real estate belonging to the residents on 
any street or part of a street, it shall be lawful for the board 
Special tax to of trustees to levy and collect a special tax on all the lots on 
waSks!'^ ^^ ^" ^^^^ street or parts of street, according lo their respective 
fronts, for the purpose of paving the side-walks on the said 
street or part of street. 

Sec. 9. That the board of trustees shall make adequate 
Compensa- compensation to any person or persons who may be injured 
tionofpersons by opening, widening, extending, or improving, any street, 
injured. ]ane, alley, or side-walk, within the limits of the town, under 

the provisions of this act; to ascertain which the board shall 
cause to be summoned twelve good and lawful men, freehol- 
ders and inhabitants of the town, not directly interested, who, 
after being duly sworn for that purpose, shall inquire into and 
take into consideration as well the benefits as the injury that 
may accrue to the party, and estimate and assess the damages 
which would be sustained by reason of the opening, extend- 
ing, widening, grading, or improving of any street, avenue, 
lane, alley, or side-walk ; and shall moreover estimate the 
amount which other persons will be benefitted thereby, and 
may contribute towards paying persons injured ; all of which 
they shall return to the board of trustees, under their hands 
and seals; and the person or persons who shall be benefitted, 
and so assessed, shall pay the same in such manner as shall be 
provided ; and the residue, if any, shall be paid out of the 
town treasury. 



INCORPORATION LAWS OF ILLINOIS. 27 

Sec. 10. That the president and trustees of said town shall ^^Y borrow 
have the right to borrow, on the credit of tlie corporation, "^°°^J^- 
any sum, not exceeding ten thousand dollars, for the purpose 
of erecting school-houses, market-house, and opening and 
widening, improving and grading the streets, digging public 
wells, erecting pumps in the streets, and constructing aque- 
ducts to supply the town with water; improving public 
wharves and landings for boats, and for making and improving Wharves and 
any public road situated within two miles of the town which ^° ^"2^' 
the trustees shall think for the best interest of the town to 
make and improve; and also for improving, leveeing, and 
bridging a road across the Illinois bottom, from the ferry on 
the west side of the Illinois river opposite said town, west- Illinois bot- 
wardly, to the Peoria and Canton road; and to receive dona- ^°™" 
tions for the purpose of carrying into effect any or all of the 
objects contemplated by the provisions of this act. 

Sec. 11. They shall have the right to establish and continue Establishment 
a ferry aoross the Illinois river at said town, the rates of toll of ferry, 
to be fixed and regulated by the county commissioners' courts 
of Tazewell and Peoria counties, in the same manner as is 
prescribed by law. The president and trustees of said town 
shall be liable for all damages sustained by any person or per- Trustees lia- 
sons, or penalties incurred under the laws which now are or ^ done^™*" 
hereafter may be made for regulating public ferries. And it 
is further provided, That the nett proceeds arising from said 
ferry, after the payment of the expenses of furnishing and 
keeping the same, to be applied and expended towards making 
and improving the road from the ferry to the bluff across the 
bottom on the \vest side of the river, or the payment of money 
which may have been borrowed and expended on said road, 
or in the payment of the interest thereon, or improving the 
streets and landings in the said town of Pekin. 

Sec. 12. The officers of said corporation, in addition to Officers of 
the trustees, shall consist of one clerk, one treasurer, one col- ^"^°' 
lector, one constable, and three assessors, and one street com- 
missioner, and such other officers as the trustees of said town 
may deem necessary. 

Sec. 13. It shall be the duty of the board of trustees, in 
such manner as they may hereafter provide, to give notice of ^"^j^^^^J^J^j ^ 
all town meetings to be held, whether for election of trustees *o^°™^^ ^ ?■ 
or any other purpose arising under the provisions of this act, 
by posting up notices in three of the most public places in said 
town, and stating the object of such meeting: Provided, how- 
ever^ That not less than three days' notice shall in any case 
be given 

Sec. 14. All ordinances shall be posted up in three of the Ordinances, 
most public places in said town within ten days after they p°Ju™ 
shall be passed, and, if there be a newspaper published in said 
town, shall also be published therein within ten days. 



28 



INCORPORATION LAWS OF ILLINOIS. 



Assessment 
and collection 
of taxes. 



Notice of sale 
of lots for tax- 
es. 



Lots may be 
redeemed. 



Conditions. 



Time of re- 
demption. 



Fire compa- 
nies. 

Hook and 
ladder com- 
panies. 



Streets, how 
worked. 



Sec. 15. That the board of trustees shall have power to 
adopt such modes and means for the assessment and collection 
of taxes as they from time to time fix upon and deter- 
mine, and to prescribe the manner of selling property, 
when the tax levied upon it is not paid: Provided, how- 
ever, That no sale of any town lots or other real estate shall 
be made until pubhc notice of the time and place shall be given 
by advertisement in a newspaper printed in said town or 
county, if there be any published, and by posting up written 
notices in three of the most public places in the town, if there 
be no paper published therein, at least fifteen days previous 
thereto. 

Sec. 16. That when any real estate in said town shall 
have been sold by the authority of the corporation for the 
non-payment of any tax that may have been levied upon the 
same, the same shall be subject to redemption by the owner or 
owners thereof, his, her, or their agent or agents, within one 
year after the same shall have been sold, by paying to the 
treasurer of the board of trustees of said town, for the use of 
the purchaser or purchasers, double the amount of taxes for 
which the same was sold, together with the costs of such sale; 
but should the said lots or parts of lots, or real estate so sold 
for the non-payment of taxes as aforesaid, not be redeemed 
within the time specified, then and in that event it shall be 
the duty of the president of the board of trustees of said 
town to execute a deed, with special warranty, signed by the 
president and countersigned by the clerk thJBreof. 

Sec. 17. It shall be the duty of the board of trustees to 
cause to be paid, to the owner or owners of lots or real estate, 
all moneys which may have been paid to the treasurer by 
them, over and above the amount of the taxes for which they 
were sold, and the cost of selling the same. 

Sec. 18. That the president and trustees of said town shall, 
whenever they may deem it necessary, order the formation of 
fire-engine companies and fire-hook and ladder companies — 
the fire-engine companies to contain each from fifteen to 
thirty able bodied men — the fire-hook and ladder companies 
to contain each from ten to twenty; which companies shall 
be formed by voluntary enlistments, and shall be officered and 
governed by their own by-laws. Every member of said com- 
panies shall be exempt from military duty and serving as 
jurors during the time he may belong to and serve in such 
company, except in case of insurrection or invasion. 

Sec. 19. That the board of trustees, for the purpose of 
keeping the streets and alleys in said town and corporate lim- 
its and the public roads passing from and through the said 
town in good repair, and to this end they are authorized to 
require every male inhabitant of said town and incorporated 
limits, over the age of twenty-one years and under fifty years 
of age, to labor in said streets and alleys and roads at least 
three days in each year ; and -any person who shall be notified 



INCORPORATION LAWS OF ILLINOIS. 29 

at least two days previous, by the street commissioner, to 
perform such labor so assessed as is herein provided, and 
shall fail or neglect to perform the same, shall forfeit and pay ^^^^ 
the sum of one dollar for each day neglected to be performed; 
and the street commissioner in said town is hereby author- 
ized to prosecute such delinquent person, in the name of the 
president and trustees of the town of Pekin, before any jus- 
tic(^ of the peace in said town; and said street commissioner 
shall be a competent witness against said delinquent; and in 
case of default as aforesaid, the justice shall render judgment 
against the defendant for the amount so forfeited, with costs 
of suit, and issue execution forthwith. 

Sec. 20. That every officer of said corporation shall, be- 
fore entering upon the duties of his office, take an oath orOfBcersto 
affirmation before some judge or justice of the peace to sup- ^^''^ °^'^' 
port the constitution of the United States and of this State, 
and faithfully to discharge the duties of his office: And provi- 
ded, also, That the treasurer and collector, before they shall 
enter upon the duties of their offices, file in the office of the ^^^'| S^^® 
clerk of said town a bond, with security to be approved by 
the board of trustees, for the faithful performance of their 
duties. 

Sec. 21. That all of that district of country included with- 
in the corporation limits of said town be, and the same is here- 
by, constituted into a district for the election of one justice of •^"^^^*^^'^ ^^^ 
the peace and one constable. The county commissioners' court 
of said county are hereby required to cause an election to be 
held on the first Monday of August next, and at each quadren- 
nial election thereafter, for the election of one justice of the „, . „ 
peace and one constiable in said town; and the persons so justice and 
elected shall have and exercise the same jurisdiction, hold constable, 
their offices by the same regulations in all respects as other jus- 
tices of the peace and constables of this State. 

Sec. 22. This act shall not extend so far as to authorize Powers not 
the trustees of said town to levy any tax upon merchants, ^^ug^ggg *° 
auctioneers, tavern-keepers, or ferries, within the bounds of 
the corporation of said town, until the county commissioners' 
court of said county shall, by an order, to be entered on the 
recovds of said eouit, agree to relinquish the revenue arising 
from license of merchants, auctioneers, ferries, and taverns, 
within the bounds of the corporation of said town : Provided, P^o'*""- 
That, if such order of said court shall be made, the trustees of 
said town shall take charge of all the paupers within the 
bounds of said corporation, so as that the county shall be free 
from any charge on account of any pauper in said town. 

Sec. 23. The county commissioners' courls of the coun- Rigbtofcoun 
ties of Tazewell and Peoria shall have the right to levy and f^^y^ 
collect a tax upon the ferry authorized to be established by the 
eleventh section of this act, in the same manner as is now 
provided by the laws in force authorizing the county com- 
missioners' courts to establish and regulate ferries. 

Approved, February 23, 1839. 



30 INCORPORATION LAWS OF ILLINOIS. 

In force, Feb. AN ACT to construct bridges across the Kaskaskia and Embarrass rivers, 
27, 1639. at or near the points where the Springfield trace crosses said streams, 

and for other purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Joseph Vandaren, 
Isaac Gruell, James Shaw, William J. Campbell, John H. Mc- 
Cleland, David Morgan, James Black, Claiborne C. Ash- 
more, and Snowden Sergeant, with their associates and suc- 
Body pobtic. (.gggoj.?, be, and they are hereby, created a body politic and 
Name & style, corporate, by the name and style of "The Embarrass and Kas- 
kaakia Bridge Company," for the purpose of constructing bridges 
across the Embarrass and Kaskaskia rivers, at or near where 
the Springfield trace crosses said streams; and they and their 
Powers. successors are hereby made as capable in law as natural per- 

sons to contract and be contracted with, to plead and be im- 
pleaded, to sue and be sued, in all courts of law and equity ; to 
make, have, and use, a common seal, to alter the same at 
pleasure; and they and their successors shall have power to 
purchase and hold as much real estate as may be necessary 
for the sites of said bridges, abutments, toll-houses, and suita- 
May borrow ble avenues leading to the same; also, to borrow any money, 
money. jjot exceeding the capital stock mentioned in this act, to be ap- 

plied exclusively to the works aforesaid; also, the power to 
ordain and establish such by-laws and regulations as shall be 
necessary for the well-being and government of said corpora- 
tion, not incompatible with the laws or constitution of this 
State, or of the United States. The directors shall meet at 
Independence, on the second Monday of March next, and or- 
ganize. 
Capital stock. Sec. 2. The capital stock of said company shall consist of 
fifty thousand dollars, to be divided into shares of ten dollars 
each, to be subscribed for or sold in the manner hereinafter 
mentioned. 
Book to be Sec, 3. Within six months after the passage of this act, 

opened. ^y^^ persons before named, or a majority of them, shall cause 

books for the subscription of stock of said company to be open- 
ed, at such places and times as they may direct; which books 
shall be kept open under the direction of such persons, or a 
majority of them, for such length of time as they may order. 
When to or- Sec. 4. When one thousand dollars of the capital stock 
ganize. ghall have been subscribed, it shall be the duty of the direc- 

tors named in the first section of this act to organize and pro- 
ceed to the building and erecting of said bridges; and they 
shall hold their offices for one year after organizing. 
Annual elec- Sec. 5. An election shall be holden once in each year for 
^**°" nine directors, who shall manage the concerns and affairs of 

said corporation, and whose term oi service shall continue 
for one year, and until their successors are duly elected and 
qualified. Said board of directors shall elect a president, 
^^*^®™' secretary, treasurer, and such other agents or officers as may 

be needed in the management of the aforesaid business. 



INCORPORATION LAWS OF ILLINOIS. 31 

Each share of the capital stock of said company shall entitle No. votes ta 
its owner to one vote; which may be given in person or by s^^aree. 
proxy. The president and directors shall have power toman- 
age and control all the affairs and business of said corporation; 
and, at the annual meetings, a statement oi the accounts and 
condition of said company shall be made out by the president 
and directors, and presented to said meeting, and such divi- 
dend of the profits be declared as may be deemed advisable. 

Sec. 6. The concerns of the said corporation shall be 
under the control, superintendence, and management, of said 
president and directors; and the president and three directors 
shall constitute a quorum to transact business, or, in the absence 
of the president, any four directors, one of whom shall act as 
president pro tern., with power to fill any vacancy in Iho board 
occasioned by death, resignation, or otherwise. The presi- 
dent and directors, after they shall have been duly elected as 
aforesaid, may require such instalments to be paid on the stock 
subscribed as may be deemed right and proper. 

Sec. 7. It shall be the duty of the board to appoint a Clerk of board 
clerk, and to cause a record of their proceedings to be kept. 
They may allow theirofficers, agents, and servants, such com- 
pensation as to. them may seem just and equitable; to make 
contracts, and do all things necessary to carry the aforesaid 
object into immediate effect and execution, and to require 
and take such bonds, notes, or other securities, in their cor- 
porate capacity, from any person or persons, as they may ap- 
point or contract with. 

Sec. 8. Said company may enter upon and take any land. Powers, 
stone, timber, or other materials, to be used in the construc- 
tion of said bridges, by paying a fair compensation to the 
owner of said property; and, in case said company cannot 
agree with the owner of any such land as they may need for 
making and erecting said bridges, and establishing gates, toll- rp^jjl^^^j^gg 
houses, and all other works to said bridges, the same may and 
shall be ascertained by three frepholders of the county of Coles, 
each party choosing one, and they two choosing a third, who 
shall be sworn by some justice of the peace of the county to make 
a just valuation; and when the owner of any such land shall 
have received the valuation money aforesaid, the title to said 
land shall vest in said company, and it shall be the duty of the 
owner thereof to make a deed to said company for said land. 

Sec. 9. It shall be the duty of the directors aforesaid to Duty of direc- 
open separate columns, and to permit those who wish to sub- ^o"- 
scribe for stock to have their election in subscribing stock to 
the bridge at the Embarrass, or at the Kaskaskia river; and the 
funds shall be kept and remain separate; and that which is 
subscribed to the Embarrass river shall be exclusively applied 
to that bridge, and so with the funds subscribed to the Kas- 
kaskia bridge. 

Sec 10. As soon as either of said bridges shall be com- 
pleted, it shall and may be lawful for the said company to erec<' 



32 IMCORPORATION LAWS OF ILLINOIS. 

Rates of toIL toll-gates, and to demand and receive, at each of said bridges, 

when completed, the same rates of toll for passing the same as 

are now established and received for ferriage at the same 

places on said streams. 

Time of com- Sec. 11. Said bridges shall be completed within five 

mencement & jears from the first day of June next, and shall at all times be 

comp etion. ^^^ remain free for persons going to and from elections, and 

also to grand and petit jurors going to and from court. 
Forfeiture for Sec. 12. If anj person or persons shall wilfully or mali- 
damage done ciously do, or cause to be done, any act whatever, whereby 
to n ^ee. the said bridges. Or any thing appertaining to the same, shall be 
mipaired, injured, or destroyed, the Sciid person or persons so 
oflending shall forfeit and pay to the said corporation treble 
the amount of damages occasioned thereby, to be recovered 
by the said corporation, with costs of suit, by action of trespass 
or any other appropriate action. 
State or coun- Sec. 13. The State of Illinois, or the county of Coles, 
tj may pur- shall have the right to purchase both or either of said bridges 
chase bridges, ^j-q^j^ g^j^j company, by paying the principal and ten per cent, 
interest on the money expendednn their construction; and 
the said county of Coles may subscribe for as many shares of 
said stock as the county commissioners may deem proper, and 
be entitled to all the rights and privileges of other stock- 
holders. 
Stock trans' Sec 14. The stock of said company shall be transferable 
ferable. in such manner as the board may direct; shall be personal 

property, subject at all times to execution for the debts of its 
owner. 

Sec. 15. This act to be and remain in force for thirty 
years from and after its passage. 
Approved, February 27, 1839. 



In force, Feb. AN ACT to amend an act, entitled "An act to incorporate the Cairo 
1^ 1839. City and Canal Company." 

Sec. 1. Be it enacted by the People of the State of Illinois t 
represented in the General Assembly, That the said Cairo City 
and Canal Company shall not be obliged, as authorized by its 
charter, to lay off and construct a canal to unite with Cache 
river, should they deem the same to be injurious and detrimen- 
tal to the health of the city ; and the twelfth section of said 

12th section j^^,* which requires a certain amount to be expended on said 
of act repeal- % • i ' n • i i i i 

ed. canal withm five years, is hereby repealed. 

Approved,, February 1, 1839. 



INCORPORATION LAWS OF ILLINOIS. 3^ 

AN ACT to incorporate the Schuyler County Mutual Fire Insurance In force, Feh. 

Company. 4, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
repj'esented in the General Assimbly, That Ha^t Fellows, 
James McCrosky, Josiah Parrott, John Scripps, George H. Names of per- 
Scripps, Adams Dunlap, Rensselear Wells, William E. With- sons incorpo- 
row, O. M. Houghland, William H. Ray, George Nelson, '■^^^*^- 
Micaiah Warren, Thomas Goodwin, and all other persons who 
may hereafter become members of this company in the man- 
ner herein prescribed, be, and they are hereby, incorporated 
and made a body politic, by the name of "The Schuyler -^^ame& style. 
County Mutual Fire Insurance Company," for the purpose of 
insuring their respective dwelling-houses and other buildings, 
with their contents, against loss or damage by fire, whether 
the same shall happen by accident, lightning, or by any other 
means excepting that of design in the insured, or by the in- Exceptions t,t» 

r • ^- r ^L -i- r ^u- insurance. 

vasion ot an enemy, or insurrection oi the citizens of this or 
any of the United States or Territories; and by that name 
may sue and be sued, plead and be implead'ed, appear, prose- May sue and 
cute, and defend in any court of record or other place what- ^^ sued, 
ever; may have and use a common seal; may purchase and Have a seal- 
hold such real and personal estate as may be necessary to 
effect the object of their association, and they may sell and 
convey the same at pleasure ; may make and establish, and 
put in execution, such by-laws, ordinances, and resolutions. Powers, 
not being contrary to the laws of this State, as may seem 
necessary or convenient for their regulation and government, 
and fortke management of their affairs; and do and execute 
all such acts and things as may be necessary to carry into 
full effect the purposes intended by this act. 

Sec. 2. All and every person and persons who shall at any Who deemed 
time become interested in said company by insuring therein, ™^™^^" "' 
and also their respective heirs, executors, administrators, and *^ ^ ^' 
assigns, continuing to be insured therein, as hereinafter provided, 
shall be deemed and taken 4o be members thereof for and 
during the time specified in their policies and no longer, and 
shall at all times be included and bound by the provisions of jyiembers 

this act. bound by act. 

Sec. 3. There shall be a meeting of the said company at Annual meet- 
Rushville, in the said county of Schuyler, on the first Monday i°ss- 
in the month of June annually, or on such other day as the 
said company may hereafter determine ; at which shall be 
choseii, by a major vote of the members present, a board 
of directors consisting of not more than nine nor less than Number of 
five members, who shall continue in office until others shall ^^^^01-^^^^ 
have been chosen and accepted the trust in their place and 
stead. All vacancies happening in said board may be filled Vacancies, 
by the remaining members until the next annual meeting, and how filled, 
a majority of the whole number shall constitute a quorum for Quorum. 
c 



34 INCORPORATION LAWS OF ILLINOIS. 

the transaction of business. Special meetings of the compa- 
ny may be called by order of the directors, or in such manner 
as the by laws thereof may have prescribed. 
Powers of di- Sec. 4. The hoard of directors shall superintend the con- 
rectors, cerns of said company, and shall have the management of the 
funds and property thereof, and of all matters and things 
thereunto relating, not otherwise provided for by said com- 
pany. They shall have power, from time to time, to appoint 
a secretary, treasurer, and such other officers, agents, and 
assistants, as to them may seem necessary, and to prescribe 
their duties, lix their compensations, take such security from 
them as they may deem necessary for the faithful performance 
of their respective duties, and may remove them at pleasure. 
They shall determine the rates of insurance ; the sum to be in- 
Ratesof insu-^^'*^*^ ^^ ^"^' building not exceeding three-iburthsof its value, 
ranee. and the sum to be deposited for their insurance thereof. 
Policies, how They shall order and diiect the making and issuing of all 
issued. policies of insurance ; the providing of bookf, stationery, and 
other things needful for the office of said company, and for 
carrying on the affairs thereof; and draw upon the treasurer 
Payment of for the payment of all losses which may have happened, and 
losses. f^j. (|jg expenses incurred in transacting the concerns of said 
President to compan}'. They shall elect one of their own members to act 
be elected, as president, and may hold their meetings montlily oroftener, 
if necessary, for the transaction of the business of the com- 
pany, and shall keep a record of their proceedings. 

Sec. 5. Every person who shall become a member of said 

company, by effecting insurance therein, shall, before he re- 

Per centum to ceives his policy, pay into the treasury such a per centum, in 

bepaiilinto money, on the property insured as ihe directors shall actually 

treasury. require to defray his proportion of the necessary expenses of 

transacting the business of said company for one year and no 

Annual pay- »nore; and annually thcieafter such further sum as miy be 

ments. required during '.he current year for the same purpose; and he 

shall also, before he be permitted to receive his policy, deposits 

with the treasurer of said company his promissory note for 

the balance of the premium for the term of years for which 

his property shall have been insured; which note, together 

with the amount paid annually in money as provided above. 

Proportion ofshall constitute his proportion of the capital stock of said 

capital stock, company; and for the payment of which, should any loss or 

damage happen by fire to the property insured in and with 

said company by any member thereof duiing the period for 

Menubers held which he shall have insured, he shall be held liable for his 

liable for los- pj-Qporiion of such loss or damage forever; and any member 

m'oae'cu^ted. neglecting or refusing to pay his proportion of such loss or 

damage, (and due notice havinu been given, and assessment 

made upon him for the same by the constituted authority of 

said company,) may be })rosecuted against by suit, instituted 

in the name of said company, in any court of record or other 



INCORPORATION LAWS OF ILLINOIS. 35 

place whatever; and any member so neglecting or refusing to Members re- 
pay such assessment, or his or iier annual pioporlion of the fusiM; to pay 
expanses of said company as hereinbefore provided, shall cease f'''^" p^^^e lo 

* I I- * • J ^L • .-1.1 I It l":«ve iiisu- 

to have his property msured therein until the day on which rap.ce. 

he shall make such payment, and no allowance or alteration 

in the time of his next payment will be mide Should any 

member neglect or refuse to pay such assessment for one year 

after they shall have become due and payable, his right to the Forfeiture of 

benefit of the capital stock of said company shall be foi leited. stock. 

Sec. 6. That in case ot any lo>s or damage happening to incasooflosa. 
any member upon property in=!ured in and with said company, 
the said member shall give notice thereof in writing to the 
directors, or some one of them, or to the secretary of said 
company, within thirty days from the time such loss or dam- 
age may have happened; and the directors, upon a vjew of 
the same, or in such other way as they may cieem j)roper, 
shall ascertain and determine the amount of such loss or 
damage; and if the party suffering is not satisfied with tne [':iriy eurtep- 
determination of the directors, the question may be submitted ),"^, "/" ^'*'^** 
to relerees, or the said party may bring an action against said i.roceed. 
company for loss or damage, at any court to be holdon in and 
for the said county of Schuyler, within one year from the Jo l)r!ri!; salt 
time of such loss or damage, and not afterwards; and if, upon^" oneyeur. 
the trial of said action, a greater sum shill be recoverer! than 
the amount determined upon bv the directors, the party suf- 
fering shall have judgment therefor against said company, 
with interest thereon from the time said Io^j or damage hap- 
pened, and costs of suit; but if no mr)re be recovered than 
the amount determined by the directors as aforesaitl, the sai I 
party shall become non-suit, and the compnny shall recover 
their costs: ProviderL howfve.r. That the judgmr>nt last men rrovi:<o. 
tioned shall in nowise affect the claim of sai I sufTering jiarty 
to the amount of loss or damage as determined by the direc- 
tors aforesaid: And "provided, also, That no execution Proviso, 
shallissue on any judgment against said comf)any until after 
the expiration of three months from the rendition thereof. 

Sec. 7. The said company may make in-urance for any Insuranoonot 
term not exceeding seven years; an;l anv policv of insuiMiice t^^''^^^'^'' 
issued by said company, signed by the president and counter- 
signed by the secretary, shall be deemed valid and binding on 
said company in all cases. 

Sec. S. The directors shall settle and pnv all losses within Polices, how 
three montlis after they shall have been notified as aforesaid, ^'^^^""''"• 
unless they shall judfje it proper within that time to rebuild 
the house or nouses destroyed, or repair tlie damages sustained, 
which they are hereby empowered to do, in convenient time : 
Provided they do not lay out and expend in such building Proviso, 
or repairs more than the sum inuire;l oti the premise?. No 
allowance is to be made, in estimating liamages in any case, ^hat ia not 



incliiduclin 
rvt;ij 

work, nor are the same to be replaced if destroyed by tire 



for guilding, hi-;toiicaI, or landscape painting, statue or carved IJI^u^.^uco 



36 INCORPORATION LAWS OF ILLINOIS. 

Incaseprem- Sec. 9. If any alteration shall be made in any house or 
laea are alter- building by the proprietor thereof, after insurance has 
been made thereon by said company, whereby it may be ex- 
posed to greater risk or hazard from fire than it was at the 
time it was insured, then and in every such case the insurance 
made upon such house or building shall be void, unless an 
additional premium and payment after such alteration be 
settled with and paid to the directors; but no alteration or 
Alterations repairs in buildings, not increasing such risk or hazard, shall 
notincreaeiDg jj^ anywise afTect the insurance previously made thereon. 

Sec. 10. If insurance on any house or building shall be 

and subsist in said company and any other office, or from 

and by any other person or persons at the same time, the 

insurance made in and by said company shall be deemed and 

Doable iiisu- become void, unless such double insurance subsists with the 

ranee. consent of the directors signified by endorsement on the back 

of the policy, signed by the president and secretary. 
If stock ia Dot Sec. 11. if it shall ever happen that the stock of said com- 
Bofficient, suf- pg^y shall not be sufficient to pay all the losses occasioned by 
ceive propor- fire, then and in such case the sufferers insured by said com- 
tionoidivi- pany shall receive, towards making good their losses, a pro- 
^®°**- portionable dividend of the said whole stock according to the 

sums by them respectively insured. 

Sec. 12. The directors shall never require assessments 
which shall make the funds of the company exceed three per 
cent, on the amount of property insured. 

Sec. 13. The said Hart Fellows, James McCrosky, Josiah 
Parrott, John Scripps, George H. Scripps, Adams Dunlap, 
Rensselear Wells, William E. Withrow, O. M. Hougland, W. 
H. Ray, George Nelson, Micaiah Warren, Thomas Goodwin, 
or either two of them, may call the first meeting of the mem- 
Fint meeting bers of said company, at any suitable time and place in Rush- 
at Rushville, y^jg aforesaid, by advertisement in any newspaper printed in 
the county of Schuyler or adjoining counties, giving at least 
twenty days' notice of the time and place and design of said 
meeting, for the purpose of choosing the first board of direc- 
tors, of making and establishing by-laws, and of transacting 
any business necessary and proper to carry into effect the pro- 
visions and intentions of this act. 

Certificate of This bill having remained with the Council of Revision ten days, and 
Secretary of ^^^ General Assembly being in session, it has become a law this 4th day of 
State. February, 1839. 

A. P. FIELD, Secretary of State 



INCORPORATION LAWS OF ILLINOIS. 37 

AN ACT to amend an act, entitled ''An act to incorporate the Canton In force, Feb. 

College of Illinois." «, Itt^!*- 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Joel Wiight, La- 
throp W. Curtis, Nathan Jones, N. G. Berryman, Robert 
Stewart, Royal Wright, Isaiah Stillman, Thomas D. Lord, 
Samuel G. Wright, and Samuel B. O wings, their associates 
and successors, be, and they are hereby, created a body corpo- 
rate, to be styled and known by the name and style of "The Name &, style 
trustees of the Canton College of Illinois," and by that name of body poli. 
to remain and have perpetual succession, with lull power to"''' 
acquire, by donation, purchase, or devise, and to hold and Powers, 
transfer, property, real, personal, and mixed, subject to 
the restrictions and provisions contained in the sixth section 
of the act to which this is an amendment; by that name to 
make contracts, sue and be sued, plead and be impleaded, in 
any courts of competent jurisdiction; and, in their corporate 
capacity, to make, have, and use a common seal, and the same 
to break, alter, or destroy, at pleasure. 

Sec. 2. That said trustees shall have power to increase Number of 
their own number, in any manner and at any time that they trustees may 
may dt^em right and proper, to any number not exceeding ^^ increased, 
twenty-five, and, for the perpetuation of their own corporate 
existence, to fill all vacancies that may occur in said board by Vacancies, 
death, resignation, or otherwise. ^°^ filled. 

Sec. 3. No person shall be considered honorary graduates 
of the aforesaid college, nor be entitled to a diploma as such, 
unless the applicant for such honorary degree shall be found, 
on examination by the board authorized to be appointed by 
the fifth section of the act hereinbefore referred to, worthy, 
and in possession of learning equal to that which is required 
on the part of the regular graduates of said college, any thing 
in the fifth section of said act to the contrary notwithstand- 
ing. 

Sec. 4. The first section of an act, entitled "An act to First section 
incorporate the Canton College of Illinois," approved Feb- °J ^^' ""^P^*^" 
ruary 8, 18;}7, is hereby repealed: Provided, That nothing 
herein contained shall be so construed as to invalidate any Proceedings 
proceedings of the trustees appointed by the said first section oftrusiees not 
of the aforesaid act; but the acts done by the said trustees un- ™^ ^ ^nvai 
der the authority of said act, and the rights thereby acquired, 
are hereby ratified and confirmed as fully as if the same 
had been done strictly in conformity with the provisions of 
this act. 

Sec. 5. This act to be in force from and after its passage. 

Approved, February 9, 1839. 



38- INCORPORATION LAWS OF ILLINOIS. 

,ln forcf, Jan. AN ACT lo miihorize Tliomas Reynolds nnd Elisha Seymour to build a 
2J, 1839. toll hiidge iicross ihe Kaskaekia river, at Farmington, in the county of 

St. Clair. 

Sec. 1. Be it evaded by the People of the State of Illinois^ 
HeiyryoWe nnd^^P^ ''^^^^^^^ '^ ^^'^ G'rnf'?Y// Assrmily, That Thomas Reynolds 
Seym.mr are and Elisha Se}niour are herely authoiized to build a toll- 
aufhcrized to bridge across the Kaska^J<ia river, at Farniington, in the 
br/djje * '"county of St. Clair, situated on section t\venty seven, town- 
ship two south, seven west. 
Rates of toll. Sec. 2. The rates of toll for crossing said bridge to be 
established from time to time by the county commissioners' 
Proviso. ^jjyj,, ^j- ^^^ ^jj^jj. ^.j,m^,y. Provided, hcweier, That the rate 

of toll for crossing said bridge shall never f xceed the rates of 
toll of the difTerent ferries across said river, as established by 
the county commissioners' court of said county. 

Sec. 3. Sa'd Reynolds and Seymour shall at all times 
afford a speedy passage to all persons and their property, on 
payment of the Inwlul tolls; and they are hereby authorized 
to demand and receive the tolls, as herem authorized, lor ihe 
term of twenty years, and to erect a gate or gates a* either 
Forfeiture if end of said bridge; and if said bridge shall at any time be out 
of repair ?en ^^ repair for ten days together, the said Reynolds and Sey- 
rfajs. mour shall forfeit and jiay a fine of fii'ty dollars, and a like 

Fino. fine foi' every ten days thereai'ter that the said bridge may 

remain out of repair, to be recovered by action of debt before 
any justice of the peace for said county, one-half to be paid 
to the person suing for the same, the other half to be paid 
ProTiso. into the county treasury: Provided, That no injury to said 

biidge, caused by fire, high-water, or other unavoidable cause, 
shall work a forfeiture if reasonable diligence be used in re- 
pairing the same. 
Bridu'c when gp^c. 4. Said Reynolds and Seymour shall commence the 
menced^Tnd erection of said bridge within two years, and complete the 
completed, same within five \ears, from the passage of this act: 
Proviso. Provided, That said Reynolds and Seymour cause a suffi- 
ble^'Tteain^-"^' cient draw to be made to said bridge to enable steamboats, or 
bontB or ves- any other vessels, to jass without obstruction or detention. 
Belsto pass. This act to be in force irom and alter its passage. 
Approved, January 24, 1839. 



In force, .Tan. AN AC T to repeal part of the act, entitled "An act to incorporate the 
24, J 839. Kaskaskia Bridge Company." 

Sec. 1. Be it enacted hy the People of the State of Illinoiny 
represented in the General Assembly, That so much of the 
fourth section of an act, entitled "An act to incorpoiate the 
Kaskaskia Bridge Company," approved January 31, 1S37, as 
graduates the votes in a certain proportion to the number of 



i 



INCORPORATION LAWS OF ILLINOIS. 39 

shares, be, and the same is hereby, repealed, and that each Par' of act re- 
shareholder shall be entitled to as many votes as the number P^* *^ " 
ol' shares he or she shall hold in said company. 

Sec. 2. That so much of the fifteenth section of the act Part of I5tli 
aforesaid as provides for the vesting of the right and title to section of said 
said bridge in the people of this State, upon paying to said ^^^ ^epea. e . 
company all their expenditures, with interest thereon, &c., 
be, and the same is hereby, repealed. This act to be in force 
from and after its passage. 

Approved, January 24, 1839. 



AN ACT to incorporate the Misassippi Grand Tower Bridge Company. In force, Feb, 

6, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That John Ritchie, John 
Logan, William B. Cowan, Thomas Jenkins, William Lagatc, 
John Croghan, Wm. Croghan, Richard Lane, John E. Cowen, 
Pierre Menard, Wm. Kinney, A. P. Field, and such other per- 
sons as may associate with them by subscribing stock as herein- 
after authorized, be, and they are hereby, constituted a body Body politic, 
politic and corporate for the term of fifty years, by the name Term, 
of '-The Mississippi Grand Tower Bridge Company;" and by Name & style. 
that name they and their successors shall and may hereafter Powers, 
iiave succession, and shall, in law, be capable of suing and be- 
ing sued, pleading and being imp'eaded, answer and being an- 
swered unto, in all courts and places whatsoever; and they 
and their successors may have a common seal, and may alter Mayhaveseal 
and change the same at pleasure; and, also, they and their 
successors, by that name and style, shall be, in law, capable 
of purchasing, holding, and conveying any estate, real and ^^"^'^ ^"'^ ^'"*' 
personal, for the use of the said corporation; but the said real^ ^ 
estate so to be holden shall be such only as shall be neces- 
sary for the transaction of the business of the said corporation 
at each end of said bridge ; but the amount of real estate to Amount of 
be held and owned by said corporation shall never exceed "^^^^ 
one hundred and sixty acres ; nor shall said corporation be 
permitted to carry on any commercial or manufacturing bu- 
siness, but shall confine their operations strictly to the erec- 
tion and management of the bridge aforesaid. 

Sec. 2. That the capital stock of said company shall be Capital stock; 
two hundred and fifty thousand, with the privilege of increas- ^ j^g ^^_ 
ing the same to five hundred thousand dollars by new sub- creased, 
scriptions, in such manner and form as they shall'think proper, 
if such increase shall be found necessary to [fuljfill the intent 
of this act; which said capital stock shall be divided into 
shares of one hundred dollars each, which shall be deemed Share? 
personal property, and be transferable in such manner as said 
corporation shall in their by-laws order and direct. 

Sec. 3. The said John Ritchie, John Logan, William B. 
Cowan, Thomas Jenkins, William Lagate, John Croghan, 



40 INCORPORATION LAWS OF ILLINOIS. 

William Croghan, Richard Lane, John E. Cowan, Pierre 
Commission- Menard, William Kinney, and Alexander P. Field, are hereby 
ers appointed appointed commissioners, the duty of whom it shall be to 
toopen 00 s. ^^^j^ books in the following places, to wit: at St. Louis, Lou- 
isville, Philadelphia, Baltimore, Pittsburgh, Wheeling and 
such other places as the commissioners may deem necessary, 
and shall advertise the times and places of opening said books 
in the Carthagenian, and such other neAvspapers In this State 
^ or elsewhere as they may think proper, giving at least thirty 
uotke oAimc*^^)"'' ^o^ice of the time and place of opening books. If the 
and place of whole of the capital stock herein named shall not be sub- 
opening scribed for at the time and place appointed for such subscrip- 
°° ^ tion, said commissioners, or a majority of them, shall take 
such measures for completing such subscription as they may 
deem expedient and proper; and every subscriber shall, at the 
time of subscribing, pay to said commissioners the sum of one 
dollar on each share subscribed. 

Sec. 4. As soon as the capital stock shall be subscribed, 

the commissioners shall give notice thereof in like manner, 

and appoint the time and place, designating the same in said 

Directors to notice for such stockholder-; to meet for the purpose of choos- 

be chosen. jj^g ^ board of directors, which shall con;iist of seven in num 

v^,„ 1 ber. Every stockholder shall be entitled, at such and all 
Votes gradua- , ■, y r i i i i r 

tc-d by sliares. other elections, to one vote lor each share to the number oi 

ten, and one vote for every five additional shares; which votes 
may be given in person or by proxy. At the election to be 
held as aforesaid, the said commissioners, or such of them as may 
attend, shall be inspectors, and their certificates of the names 
of the persons elected shall be conclusive evidence of such 
election; and said commissioners shall deliver over the sub- 
scription books to the said directors, with the money received 
thereon. The said directors so chosen, and who may here- 
after be chosen, shall immediately after their election pro- 
President, ceed to choose one of their body to be president, who shall 
preside at all regular meetings of the board. A majority shall 
iuorum. constitute a quorum; and, in case of the absence of the pres- 
tt-m. ' " ^'^"ident, the board may appoint a president pro tempore to pre- 
side. The said board shall have the power to prescribe the 
time and place of holding all future elections for directors, 
which shall be once a year; and the said board of directors 
shall be vested with power to transact all the business of the 
incorporation in their corporate capacity, whose acts shall be 
Vacancies binding on the same. The said board shall have power to fill 
how filled.' all vacancies which may occur in their body; which appoint- 
ment shall remain until the next annual meeting. 

Sec. 5, The board of directors, when elected and organ- 
By-laws, ized, shall have power to make and prescribe such by-laws, 
rules, and regulations as to them shall appear needful and 
proper touching the management and disposition of the stock, 
property, and effects of said corporation, the transfer of shares , 



INCORPORATION LAWS OF ILLINOIS. 41 

and touching the duties and conduct of their officers and ser- 
vants, and all other matters whatsoever which may appertain 
to the concerns of the said corporation, shall appoint a secre- Secretary &,c. 
tary, treasurer, and such clerks as may be necessary for the *'\^^^r'P°^"'" 
transaction of business: Provided, That said by-laws be not Proviso, 
repugnant to the constitution and laws of this State and of the 
United States. 

Sec. 6. The said corporation are hereby authorized and Bridge wlie re 
empowered to erect a bridge over the Mississippi river, at the ^° ^® erected, 
town of Grand Tower, in Jackson county. The manner and 
form of construction of said bridge shall be decided upon by 
said corporation : Provided, That said bridge shall be con- Proviso, 
structed and built of sufficient height to leave the steamboat 
channel in said river free from all obstruction that might re- 
tard the navigation of said Mississippi river, either in high or 
low water, and so as not to be in the way of any improve- 
ments of the navigation in said river that may hereafter take 
place. 

Sec. 7. The said corporation shall be authorized to pro- Land at end 

cure a sufficient quantity of land at each end of said bridge of bridge. 

on which to build toll-houses and gates, and to affiard room for Toll-houses 

the necessary transactions of the business of the concern ; and ^°^ gates. 

in case of a disagreement betwixt the corporation and the „ . 

r ,t 1 I ,1 ■ T r ■ T • I Purchase ol 

owners oi the land on the east side oi said river, as to the jands. 

value and price of said land, the same shall be ascertained by 

three disinterested freeholders of the county in which the lands 

lie, who shall be appointed for that purpose by the county Appointment 

commissioners' court of the same county, on the application °^ Persons to 

of eitheir party, and shall be sworn to make a just valuation lands. 

thereof; and when the said corporation shall have tendered 

to the owner or owners, or their agent or agents, the full 

amount of the valuation ot said lands as assessed by the said 

freeholders, then the said corporation shall be deemed to be 

seized and possessed of the fee simple of all such lands or real Duty of ap- 

estate; and it shall be the duty of the said freeholders, or a praisers. 

majority of them, to deliver to the said corporation a written 

statement of the award or awards they shall make, with the 

discription of the said lands, to be recorded in the recorder's 

office of the county in which the lands lie. 

Sec. 8. As soon as the said bridge shall be completed, it 
shall and may be lawful for the said corporation to erect a gate 
at the end of said bridge, and to demand and receive the same 
rates of toll for passing the same [as] may be then allowed to the Rates of toll, 
ferries crossing the Mississippi within the limits of Jackson 
county. The said corporation shall obtain from the county 
commissioners' court of Jackson county a list of the rates of 
toll as established by them for the various ferries over the Mis- 
sissippi within the limits of said county, (for which the same 
tax may be charged as is charged by the ferries aforesaid in 
such cases,) and shall set up in a conspicuous place, free for the 



42 INCORPORATION LAWS OF ILLINOIS. 

inspection of travellers or other persons interested, the rates 
Fo^feitTre for ^"^ toll as aforesaid. 

daman-e done ^^^' ^* ^^ ^"7 pei'son or pcrsons shall wilfully or mali- 
to bridj^es. ciously do or pause to be done any act whatsoever, whereby 
the said bridge, or any thing appertaining to the same, shall 
be impaired, injured, or destroyed, the said person so offending 
shall torfeit and pay to the said corporation treble the amount 
of damages occ'isioned thereby, to be recovered by the said 
coi} oration, with cost of suits, in an action of trespass in any 
court having competent jurisdiction thereof. 

er shal"S'i!der ^^^- ^^' ^^ ^"^ ^*^'" gatherer shall unreasonably delay or 
traveller. hinder any traveller from passing said bridge, or shall demand 
or receive more toll than is by this act established, he shall, 
Penalt ^°^ every such. offence, forfeit and pay a sum not exceeding 

ten dollars, with cost, to be recovered before any justice of the 
peace of the county where such offence shall be committed, 
for the use of the person or persons so unlawiully delayed, 
hindered, or defrau led. 
No person to Sec. 11. It shall not be lawful for any person or persons 
drive over to ride or drive (<ver said bridge faster than in a walk, neither 
bridge '^'si^r ghg.!! any person drive on more stock or teams at one time 
than shall be ordered or permitted by the toll-gatherer or at- 
tendant on said bridge, on peralty of forfeiting, for every such 
offence, the sum of five dollars, to be recovered before any 
justice of the peace as aloresnid. 
Term of office. ^Ec. 12. All officers or directors chosen at the annual 
election aforesaid shall hold their office until their next annu- 
al election, or until others are elected in their stend; and the 
president and directors, or a majority of them, shall have pow- 
er to call a meeting of the board whenever they may deem 
Called meet- ^^ necessary, by publishing a notice of the time and place for 
ings. holding the same thirty days previous to the time of said 

meeting. 
Time of com- g^^,^ i^ jf ^j^g g^j^j ^rijore shall not be commenced in two 
mencement & ir-ii-. r. ^i r ^i.- 

completion. year5, and nnished m ten years, alter the passage oi this act, 

the said corporation shall be dissolved, and this act of no effect. 
Approved, February 6, 1839. 



In force, Feb. AN ACT to incorporate the Hanover Academj'. 

la, 1839. 

Sec. 1. Be it enac/ed by tAe People of the State of Illinois, 
represented in the General Assembly, That James Craig, Seth 
Patridge, William Robinson, .Tames Armstrong, Daniel Fow- 
ler, William Craig, and Samuel Jemison, and their successors, 
be, and they are hereby, created a body politic and corporate, 

Name&8tyle. to be styled and known by the name of "The presid nt and 
trustees of the Hanover Academy," and by that style and 
name to remain and have perpetual succession. The said 

Location. academy shall be and remain at or near the town of Wapello, 



1 



INCORPORATION LAWS OF ILLINOIS. 43 

in Jo Daviess county, and Slate of Illinois. The number of 
trustees shall not exceed twelve, one of whom shall be presi- 
dent of the board, to be chosen by the trustees. For the 
present the above named individuals shall constitute the board 
of trustees, who shall fill the remaining vacancies at their 
discretion. 

Sec. 2. The objects of said corporation shall be the pro- 
motion of the general interest of education. 

Sec. 3. The corporate powers hereby bestowed shall be Powers, 
such only as are essential or useful in the attainment of said 
object, and such as are usually conferred on similar bodies 
corporate, to wit: To have perpetual succession; to make con- 
tracts ; to sue and be sued, plead and be impleaded; to grant 
and receive by its corporate name, and to do all' other acts as 
natural persons may; to accept, acquire, purchase, and sell 
property, real or personal or mixed, in all lawful ways ; to 
use, employ, manage, and dispose of all such property, and 
all money belonging to said corporation, in such manner as 
shall seem to the trustees best adapted to promote the objects 
before mentioned; to have a common seal, and to alter or 
change the same ; to make such by-laws for its regulation as By.iaws, 
are not inconsistent Avith the constitution of the United 
States or of this State; an J to confer on such persons as may 
be considered worthy such academical or honorary degrees as 
are usually conferred by similar institutions. 

Sec. 4. The president and trustees of said corporation Further pow- 
shall have authority, from time lo time, to prescribe and ^^^' 
regulate the studies to be pursued in said academy; to fix the 
rate of tuition and other academical expenses; to appoint 
instructors, and such other officers and agents as may be ne- 
cessary in managing the concerns of the institution; to define 
their duties, to fix their compensation, and to displace or 
remove them; to erect necessary buildings; to purchase 
books, chemical and philosophical apparatus, and other suitable 
means of instruction; to make rules lor the general govern- 
ment of the aflxiirs of the institution, and for the regulation 
of the conduct of the students. 

Sec. 5. The trustees for the time being, in order to have Vacancies, 
perpetual succession, shall have power to fill any vacancy ^o^ &Ued. 
which may occur in the board from deaths, removal, resigna- 
tion, or any other cause. A majority of the trustees for the Quorum, 
time being shall be a quorum to do business. 

Sec. 6. It shr.U be the duty of said trustees to appoint one 
of their number treasurer to the board, who shall be required Treasurer to 
to give bond, with sufficient security, in such penal sum as give bond, 
the board may prescribe, conditioned for the performance of 
such duties as the by-laws may require of him. 

Sec. 7. The said institution shall be open to all denomina- College open 
tions, and the profession of any particular religious faith shall *° '^"• 
not be required of those who become students: all persons, 
however, may be suspended or expelled from said institution 



44 



INCORPORATION LAWS OF ILLINOIS. 



by the trustees thereof, whose habits are idle or vicious, or 
whose moral character is bad. 

Sec. 8. The lands, tenements, and hereditaments to be 
held m perpetuity, by virtue of this act, by said corporation, 
Proviso. shall not exceed six hundred and forty acres : Provided, how- 

ever, That if any donations, grants, or devises in land shall 
from time to time be made to said corporation over and above 
the six hundred and forty acres which may be held in perpe- 
Lands held in tuity as aforesaid, the same may be received and held by said 
perpetuity, corporation for the period of five years from the date of any 
such donation, grant, or devise; at the end of which time, if 
the said land shall not have been sold by the said corporation, 
then and in that case the said lands so donated, granted, or 
devised, shall revert to the donor, grantor, or heirs of the 
devisor of the same. 

Sec. 9. This act shall continue and be in force fifty years 
from and after its passage. 

Approved, February 12, 1839. 



In force Feb. -^-^ ACT supplemental to "An act to incorporate the Rushville Rail- 
6 1839. road Company," approved January 16, 1836. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the president 
and directors of the Rushville Railroad Company be, and they 
Road may be are hereby, authorized and empowered to change the con- 



changed. 



Proviso. 



Turnpike. 



Winchester, 
tco.f road. 



struction of the whole or any part of the road mentioned m 
the act to which this is a supplement, provided they may deem 
it expedient so to do, so as to construct and make it a clay 
or McAdamized turnpike road, suitable to common trans- 
portation in all wagons and carts and every kind of wheeled 
carriages, and for all ordinary traveling and business : Provi- 
ded, That said company shall not in any event interfere with 
any right or privilege heretofore conferred upon the Spring- 
field and Beardstown Railroad Company, nor construct any 
road in the county of Cass upon ground which the said Spring- 
field and Beardstown Railroad Company have the right to 
occupy, except in crossing the same. 

Sec. 2. That the said president and directors be, and they 
are hereby, empowered to extend the said road, either by 
railway or by a clay or McAdamized turnpike road, from the 
Illinois river to Virginia, in Cass county; and for which pur- 
pose they shall be, and they are hereby, vested with all the 
powers and privileges conferred upon them in the original act 
to which this is a supplement, subject also to the several re- 
strictions contained in the same act. 

Sec. 3. That the Winchester, Lynnville, and Jacksonville 
Railroad Company, and the Pittsfield and Mississippi Railroad 
Company, be, and they are hereby severally authorized to 



INCORPORATION LAWS OF ILLINOIS. 45 

change the construction of said railroads into turnpike roads; 
and that the time allowed in the charters of said companies, Further time 
for the commencenient and completion of said roads, be ex- |^"<Jwed to fin- 
tended five years longer than the time now allowed by said ^^ ' ^°^ ^' 
charters. 

Approved, February 6, 1839. 



AN ACT to incorporate tbe Invincible Dragoons of the second division In force, Feb. 

of Illinois militia. 6, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That J. C. Bennett, W. 
L. Williams, H. W. Davinport, J. B. Blackford, D. J. Williams, 
E. Kirney, R. Coulter, Z. Boltinghouse, A. Calvin, N. Davis, 
H. Hardin, S. J. Lindsay, T. J. Hauks, J.Charles, R. L. Boggs, 
G. W. Hoke, J. McCown, R. D. Walden, J. P. McKay, all 
commissioned officers of the second division of Illinois militia, Officers con- 
and the officers and privates now on their respective rolls, corp[frate.° ^ 
and under their respective commands, and their associates, 
and successors, be, and they hereby are, created, constituted, 
and declared to be a body corporate and politic, by the name 
and style of "The Invincible Dragoons;" and by that name Name, 
they shall have perpetual succession, forever, with all and 
singular the plenary powers of a corporation. 

Sec. 2. The corporation shall constitute an independent 
brigade, and shall be attached to the second division of Illinois 
militia, the court-martial of which shall consist of the com- Court-martial 
missioned officers of the corporation ; which court shall have 
full power and authority to pass all such by-laws, ordinances, 
rules, and regulations, as they may think necessary for the 
regulation, government, and prosperity of the corporation, 
its officers and privates; which by-laws, ordinances, rules, and By-laws, 
regulations, however, shall not be repugnant to, nor inconsis- 
tent with, the constitution of the United States or of this 
State. 

Sec. 3. The court-martial shall adopt, as nearly as possible, Rules, 
the discipline, drill, rules, regulations, and uniforms of the 
United States army: Provided, That each company may Proviso, 
adopt its own uniform for the non-commissioned officers and 
privates belonging to it. 

Sec. 4. The captain of any company attached to this 
corporation may enlist into his company, by voluntary enrol- Voluntary en- 
ment, any person residing within the counties of White, Ed- roline"*- 
wards, or Wabash, under the laws of the corporation; and 
any independent company of light infantry, riflemen, artillery, 
cavalry, dragoons, lancers, or flying artillery, in said counties 
of White, Edwards, or Wabash, may attach itself to this cor- 
poration, by a vote of a majority of the company: Provided, p^oyiBo. 
should the minority, or any of them, be unwilling to join said 



46 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 



Musters. 



Officers. 



brigade, they shall not be obliged so to do; and shall be enti- 
tled to all the privileges thereof; and the commandant of the 
brigade may organize any such company out of said counties, 
on being requested so to do by the court-martial : Provided, 
That the flying artillery shall rank first, the lancers next, the 
dragoons next, the cavalry next, the artillery next, the rifle- 
men next, and the light-infantry next. 

Sec. 5. The companies attached to 1 his corporation shall 

Public arms. \,q entitled to their proportion of the public arms assigned by 
the laws of the State to the second division of Illinois militia, 
by entering into bond as by law required. 

Sec. 6. The corporation shall hold at least one company 
muster, one battalion muster, one regimental muster, and one 
general or brigade muster, the last of which shall be on the 
fourth of July in each year; and any non commissioned offi- 
cer or private, who shall neglect or refuse to appeal' on said 
days, shall be fined in the sum of one dollar for the company, 
battalion, or regimental muster, and two dollars for the general 
or brigade muster on the fourth of July; and the brigadier 
general the sum of twenty-five dollars; each colonel, aid-de- 
camp, and brigade major, fifteen dollars; lieutenant colonels 
or majors, ten dolhrs; captains, six dollars; lieutenants, four 
dollars; and every commissioned officer, noncommissioned 
officer, or private, who shall neglect or refuse to uniform him- 
self in full, after the lapse of eight months from the passage 
of this act, shall be fined in the same sums, in addition for each 
day of muster; all of which fines shall be assessed by the 
court-martial, and collected for the use of the corporation ; 
to be recovered before any justice of the peace in the county, 
and collected as other debts, by execution, subject, however, 
to an appeal to the circuit court: Provided^ alwtiys, That all 
members of this corporation, who are unable to attend mus- 
ters on account of sickness in their families, or any other rea- 
sonable excuse satisfactory to the court-martial, shall, for the 
time bf'ing, be exempt from all such fines. 

Court-martial Sec. 7. The court-martial shall compo-c a Court of inquiry, 
appeals, and assessment of fines; and shall constitute the only 
law-making department of this corporation; and the regular 
court and law days shall be the Saturdays succeeding the 
days of regimental and general muster, at such place as the 
commandant of the brigade may direct; and said commandant 
may at any time appoint a special court, on a notice of ten 
days. 

Sec. S. No member of this corijoiatloa shall be allowed 
to withdraw, except by permission of the court-martial, until 
he is exempt from military duty by the laws of the State: 
Provided, however. That they may at any time enlist into a 
company of superior rank under the laws o\ the corporation. 
Sec. 9. The brigadier general shall bo the presiding officer, 
and the brigade inspector, the recording officer, of this corpo- 
ration or any part thereof^; and their official signatures shall 



Proviso. 



Proviso. 



Bripjadicr 



«»-■ 



iicral. 



INCORPORATION LAWS OF ILLINOIS. 47 

be considered sufficient evidence of the passage of any act 
by the court-martial, or of the legaHly of any proclamation, 
general order, or certificate lor or on behalf of the brigade : 
rrovided it is under seal of the corporation; which seal ^°^^°" 
shall be kept by said general for said purposes. 

Sec. 10. The brigadier general may select his stati' and astaffofliriga- 
select guard of twelve choice lancers, who shall likewise be ^iier general, 
his aid-de-camps, and rank with his staff, irom any portion 
of the second division of Illinois militia, and any four from 
the first division thereof. 

Sec. 11. The corporation shall organize by the election ofHow organ- 
its brigadier general, by the commissioned ofTicers, on the •20th ^ 
February, one thousand eight hundred and thirty-nine, at the 
stone house of W. L. Wilmans, in GraysvilJe, White county, 
Illinois; a due return of wliich election shall be made to the 
major general of the second division of Illinois militia, and 
by him to the oiiice of adjutant general of State. 

Sec. 12. Every commissioned officer of this corporation Commission- 
shall take the following oath of office : "I do solemnly affirm ^^^ officers, 
that 1 will support the constitution of the United States andOuth; 
of this State, and the act incorporating the Invincible Dra- 
goons; and that I will strictly obey my superiors in office, 
and faithfully discharge the duties of in the Invincible 

Dragoons of the second division of Illinois militia, according 
to the best of my skill and understanding, on the pains and 
penalties of perjury; so help me God, and keep me steadfast 
in this my voluntary obligation;'' which oath shall be endorsed to h^ cndors- 
on the commission and certific?te by the officer administering ed on commis- 
the same. ^'""■ 

Sec. 13. This act shall take effect and be in force tVom 
and after its passage, any law to the contrary notwithstand- 



ing. 



I 



Approved, February 6, 1S39. 



AN ACT of incorporation for the Upper Alton Manufacturing Jn force, Feb> 

Company. ' 15, 1839. 

Sec 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General As.sembh/, That Elias IlibbarJ, Tjody corpo- 
I'jnoch Long, Benjamin F. Long, David S. Dodge, llcnry C. '■^'^• 
Caswell, Richard R Handle, Aaron, Trabue, Peter W. Handle, 
Pardon T. Tuthill, Zephaniah Lowe, and their associates and 
successors, be, and they are hereby, constituted a body politic 
and corporate, under the name of '*The Upper Alton Man u- Name & style, 
facturing Com])any,'"' to be located in the town of U])per 
Alton, Madison county; and by that name shall have power 
to contract and be contracted with, sue and be sued, plead and 
be impleaded, answer and be answered unto, in all courts 
having competent jurisdiciion; and shall be vested with all 



48 



INCORPORATION LAWS OF ILLINOIS. 



Real estate. 



may be in 
creased. 



Proviso. 



the powers and privileges necessary to the object of their 
incorporation. 

Sec. 2. The said company shall have power to carry on 
the manufacture of hemp and silk goods, sugar and lumber, 
and to erect such mills, machine-shops, and other buildings as 
may be necessary for tjiat purpose. 

Sec. 3 The real estate owned by the said company, over 
and above the lols of land on which their buildings are erect- 
ed, shall not exceed six hundred and forty acres, except such 
as may be held as collateral security for debts, bona Jide^ 
owed to the said corporation, or may become the property 
thereof by virtue of such indebtedness ; and, further, no' real 
estate acquired by such indebtedness shall remain the property 
of the said corporation for a longer period than seven years, 
under the penalty of a forfeiture thereof to the people of this 
State. 

Sec. 4. The capital stock of said company shaSI be one 
Capital stock ; hundred and fifty thousand dollars, with power to increase 
the same, at the pleasure of said company, to any sum not 
exceeding five hundred thousand dollars ; which capital stock 
shall be divided into shares of one hundred dollars each: PrO' 
vided, That the total amount of debt which said corporation 
shall at any time owe shall not exceed the amount of their 
capital stock; and in case of such excess, those under whose 
administration it shall happen shall be holden for the same in 
their natural and private capacity ; but this shall not be con- 
strued to exempt the corporate property of the company from 
being also liable and chargeable for such excess : Provided, 
also, That any director, who shall protest in writing against 
such improper administration, shall not be held responsible for 
such excess of debt in his natural and private capacity. 

Sec. 5. Subscription to the capital stock of said corpora- 
tion shall be opened under the direction of the directors here- 
after named; and, if more than one hundred and fifty thousand 
dollars shall be subscribed, they shall distribute the stock 
among the several subscribers in such manner as they shall 
deem most conducive to the interest of said corporation. 
And it shall be the duty of the directors for the time being to 
call for and demand of the stockholders, respectively, all sums 
of money by them subscribed, at such times and in such pro- 
portions as they shall see fit, under the penalty of the forfeiture 
of their shares, and previous payment made thereon, to the 
said corporation, always giving thirty days' notice in a news- 
paper printed in or nearest to said town. 

Sec. 6. The stock, property, and concerns of the said 
corporation, shall be managed and conducted by seven direc- 
tors, who shall all be citizens of Madison county, and shall, at 
the time of their election, be holders, respectively, of not 
l^s than ten shares of the capital stock of said company. 
Said directors shall be chosen annually, on the first Monday 
in June, by the stockholders or their proxies, which shall be 



Proviso. 



Concerns of 
company. 



INCORPORATION LAWS OF ILLINOIS. 49 

by ballot. Each share of the capital stock shall be entitled 
to one vote; and the seven persons receiving the greatest Election, 
number of votes shall be deemed duly elected to fill their 
places. The directors so chosen, or the major part of them, 
shall constitute a board and be competent to the transaction of 
business ; and may, from time to time, make and prescribe 
such by-laws, rules, and regulations, relative to the concerns By-laws, 
of said corporation, the duties of the president and agent, 
(each of whom shall be elected by a majority of the directors 
so chosen;) and shall also regulate the duties of their agents, 
clerks, and all others by them employed; and shall also ap- 
point a treasurer, who shall give bond to the president and Bond, 
directors, in such amount and in such manner as the said 
directors shall prescribe. And the said directors shall have 
power to fill all vacancies in their own body occasioned by Vacancies, 
death or otherwise, during their adminisf ration^and to appoint ^^'^ ^ 
such other officers, agents, and clerks, as may be necessary 
for carrying on the business of said corporation ; who shall 
give such bond and security for the faithful performance of 
their trusts as the nature of their duties shall require. 

Sec. 7. Elias Hibbard, Benjamin F. Long, Henry C. Cas- Directors. 
well, Enoch Long, Peter W. Randle, Pardon T. Tuthill, 
David S. Dodge, shall be directors from the time this act takes 
effect and until others are elected in their stead. Four weeks' 
previous notice of an election, after the first, shall be given Notice of 
of the time and place of holding such elections, by publishing ®'^'^^'°°- 
such notice once in each week, for four weeks immediately 
preceding.such election, in a newspaper printed in or near 
the said town ; and such election shall be holden under the 
inspection of the directors. 

Sec. 8. If the whole amount of the capital stock of said 
company shall not be subscribed within sixty days after the 
books are opened, the directors shall take such measures for 
completing such subscriptions as they may deem expedient; 
and when twenty thousand dollars of said stock shall be sub- 
scribed, said company shall have power to proceed to erect 
such shops and manufactories as they may deem proper. Shops, manu- 
Every subscriber shall, at the time of subscribing, pay to the factories 
directors the sum of one dollar on each share subscribed. 

Sec. 9. The company shall at all times keep proper books Books of ac- 
of accounts, in which shall be registered all the transactions counts. 
of the corporation ; and the same shall, at all times, be sub- 
ject to the inspection of the stockholders; and it shall bethedu- 
ty of the directors to make annual dividends, or at such other Dividend* 
times as a majority of the directors shall direct, of so much 
of the profits of said company as to them, or a majority of 
them, shall appear advisable. And the said directors, when- 
ever required by a majority of the stockholders, shall exhibit, 
at a general meeting, a full and perfect statement of the debts 

D 



50 INCORPORATION LAWS OF ILLINOIS. 

and credits, and all such other matters as nnay deemed essen- 
tial, relating to the afiairs of tlie ccmpany. 
Sec. 10. A majority of the stockholders, whenever they 
Special meet- deem it necessary, may call a special meeting of the company; 
*°g- b and provided the regular election, from any cause, shall not 

take place at the time herein provided for, it shall be lawful 
for any two of the stockholders to call a sjiecial election, giving 
notice of the time and place as herein provided. 

Sec. 11. The stock not disposed of by the directors in the 
manner hereinbefore named, shall and may be issued, by the 
directors for the time being, according to the by-laws and 
regulations that may be adopted by the said company. 
Stock deemed Sec. 12. The slock of said company shall be deemed 
personal pro- personal property, and assignable and transferable on the 
^*' ^* books of the corporation; but no stockholders, indebted to 

the corporation, shall be permitted to make a transfer until 
such debt be paid, or secured to be paid, to the satisfaction of 
the directors. 
Compfiny not g^c^ i3_ Nothing in this act shall be so construed as to 

to issue bills • ..J -xu 11- J. j.\ 

of credit. invest said company with any bankmg powers, or to autho- 
rize them to make, emit, or utter any bills of credit, bank 
notes, promissory notes, or other thing to be used as a cir- 
culating medium, as and in lieu of money. 

Sec. 14. This act shall take eflfect from the time of its 
passage, and continue in force foV the period of twenty 
years thereafter.* 

Approved, February 15, 1839. 



In force, Feb. AN ACT to increase the corporate powers of the town of Chester. 
12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Richard B. Ser- 
vant, Joseph B. Holmes, William McGinnis, AniosEmineison, 
and. Leonard Stevens, be, and they are hereby, constituted 

Namedt style and appointed a body politic and corporate, to be known by 

of body poll- ^i^g name and style of "The president and trustees of the 
town of Chester;" and by that name they and their succes- 
sors shall be known, shall have perpetual succession, shall sue 

Powero. and be sued, plead and be impleaded, defend and prosecute, 

in all courts both of law and equity, and in all actions and 
things whatsoever; shall grant, purchase, receive, hold, lease, 
sell, and dispose of all real and personal projierty, for the 
benefit of the town; shall have a common seal, and may 
break or alter the same at pleasure; and may do all other 

Proviso. acts as natural persons: Providtd, however, Thsit the said 
corporation shall hold no real pi'operty without the limits of 
the said town of Chester, burial grounds only excepted. 



INCORPORATION LAWS OF ILLINOIS. 5l 

Sec. 2. All the land now embraced within the boundaries Boundariea 
of the town of Chester, as laid out by the county surveyor ol"*^ town. 
Randolph county, is hereby declaied to be within the limits, 
and under the jurisdiction, of the present incorporaiion. 

Sec. 3. The corporate powers and duties of said town Powers vested 
shall be vested in five trustees, who shall form a board for the ^" ^^^ "■"^'®®" 
transaction of business. 

Sec. 4. The said trustees shall be elected annually, on the Election: 
first Monday in April, to serve one year, and until others are 
duly elected and qualified. No person shall be eligible as 
trustefe unless he shall be twenty-one years of age and Trustee. 
a citizen of the United States, shall possess a freehold within 
the limits of said town, and himself reside within said limits. 
Such persons only shall be qualified to vote for trustees, or at Voters to be 
town meetings to be held under the further provisions of this ^^^ ° ^"" 
act, as shall be citizens of the United States and twenty-one 
years of age, qualified according to law to vote for State 
officers, and possessed of a freehold within the limits of said 
town, or resident therein for three months next preceding such 
election or meeting. 

Sec. 5. The board of trustees shall elect their president 
out of their own body; shall be the judges of the qualifications, 
elections, and returns of its own members; and shall have 
power to fill all vacancies in said board occasioned by the Vacanciw, 
death, resignation, or six months' continued absence of any '^°^ filled, 
member thereof. A majority shall constitute a quorum to do Quorum, 
business, but a less number may adjourn from time to time, 
and may compel the attendance of absent members in such 
manner and under such penalties as the board may provide. 
They shall establish the rules of their own proceedings, and 
may make such other regulations for their own government 
as to them shall seem fit and proper. 

Sec. 6. The board of trustees shall have power to levy Taxes, 
and collect taxes upon all real estate Avithin the corporation, 
at a rate not exceeding two per cent, on the assessed value 
thereof; "but in no case shall they levy a tax of more than one- 
half of one per cent, without first obtaining the consent ofC'onsentof 
three-fourths of all persons qualified to vote under the fourth o/town"on 
section of this act. Such- consent shall be obtained from a levying tax. 
town meeting to be called for that purpose, and of which the 
president of the board shall give notice at least six days pre- 
viously, by publishing an advertisement in a newspaper 
prii;ited in said town, or by posting written notices in three 
of the most public places in said town. 

Sec. 7. The saW board of trustees shall have power to Further pow- 
niake regulations to secure the general health of the inhabi-^^of'^usiees. 
tants; to prevent and remove nuisances; to suppress all riot- 
ous and disorderly conduct; to establish aTiouse of correc- 
tion, and to punish, with confinement therein, all persons 
guilty of violating the town regulations or disturbing the 



5@ 



INCORPORATION LAWS OF ILLINOIS. 



Wntof cer- 
tiorari. 



Officers of 
town. 



Vacancies. 



Oatb. 



public peace; to impose and collect fines for all such offen- 
ces; to establish night-watches; to put up lamps in the streets, 
and provide for lighting the 'same ; to open and keep in repair 
streets, avenues, and alleys, drains and sewers, and to keep 
the same clean and free frem encumbrances; to erect pumps, 
and sink wells, in the streets; to build and repair bridges; to 
license and regulate ferries ; to establish and regulate markets ; 
to establish and enforce quarantine laws; to establish and 
regulate a fire department, and to provide for the prevention \ 
and extinguishment of fires; to regulate the storage of gun- 
powder and other combustible materials; to prevent the 
shooting of fire-arms within the limits of the corporation ; to 
restrain swine and dogs from running at large; to prohibit 
and punish the keeping of gaming-houses, bawdy-houses, and 
other disorderly houses ; to provide for licensing, taxing, and 
regulating merchants, auctioneers, pedlers, taverns, groce- 
ries, theatres, and other public amusements; to regulate the 
election of town officers, and fix their compensation; to pass 
from time to time all by-laws and ordinances necessary and 
proper to carry intoeffectthe foregoing powers, and to impose 
and collect and appropriate firies and forfeitures for the breach 
thereof. Any justice of the peace within the Hmits of said 
town shall have jurisdiction of all cases arising under such 
by-laws and ordinances ; and appeals may be taken, and writs 
of certiorari allowed, from his decisions, in the same manner 
as is now or may be hereafter provided by law in case of 
judgments of other justices of the peace. 

Sec. 8. The officers of the said town, in addition to the 
board of trustees, shall consist of one clerk, one street com- 
missioner, one treasurer, one assessor, one town constable, 
one collector, and such other officers as the trustees may deem 
necessary; all of whom shall reside within the limits of the 
said town. The qualifications for these officers shall be the 
same with those required of members of the board of trustees. 
They shall be elected at the same time, in the same manner, 
and by the same voters, as the said trustees of the town. 
The trustees shall also have power to require bond and secu- 
rity of all officers (justices of the peace excepted) provided 
for in this act, conditioned for the faithful performance of their 
duty. Said trustees shall have power to fill all vacancies 
which may occur in any of the offices provided for in this 
section ; and persons appointed to fill such vacancies shall 
continue in office until the next regular election under this 
act, and until their successors are duly elected and qualified. 

Sec. 9. The members of the board of trustees and all the 
other officers of said town shall, before entering on the 
duties of their offices, respectively, take an oath or affirmation 
before some judge or justice of the peace to support the con- 
stitution of the United States and of the State of Illinois, and 
to discharge faithfully the duties of their respective offices. 



INCORPORATION LAWS OF ILLINOIS. SX 

Sec 10. It shall be the duty of the beard of trustees to 
give notice of all town meetings to be held either for the elec- Towa meet- 
tion of trustees or lor any other purpose under this act, by ^"S^- 
publishing an advertisement thereof in some newspaper printed 
in said town, or by posting written notices in three of the 
most public places in said town, stating in such advertise- 
ment or notice the object for which such meeting is held: 
Provided, That, in cases of elections, such notice shall be Proviso, 
given ten days previous to the day of such election or meet- 
ing; and in no case shall a notice of less than three days b'- 
deemed legal. 

Sec. 11. All ordinances, by-laws, and other regulations of ^'■^'"*"^®'' 
a general nature shall be made public, within ten days after public, 
their passage, by a publication in a newspaper printed in said 
town, or by posting written copies of the same in three of 
the most public places therein ; nor shall any such general 
by-law, ordinance, or regulation be in force or take effect 
until it has been so published. 

Sec. 12. The board of trustees shall have power, at any 
time, to divide said town into as many wards as to them may Wards, 
seem proper and expedient. 

Sec. 13. The said board shall have power to levy a tax Common 
for the erection of school-houses and the support of common ^*^"°°'^- 
schools within said corporation, and to raise money, by loan 
on the credit of the town, for commencing and prosecuting 
works of public improvement : Provided, however, That the Proviso, 
same shall be submitted to a vote of the freeholders living 
within the town, and approved by two-thirds of them. 

Sec. 14. Upon the application of two-thirds of the owners 
of real estate upon any street, it shall be lawful for the board 
of trustees to levy and collect a special tax upon the lots on Special tax. 
such street, proportioned to thdnumber of feet which every 
such lot shall have fronting upon such street, for the purpose 
of grading and paving the side-walks of .such street. 

Sec. 15. Whenever the owner or owners of any lot or Neglect to 
piece of ground included within the limits of said town shall P*^ '"* 
neglect or refuse to pay the tax or taxes levied thereon when 
the same shall become due, it shall be the duty of the trustees 
to cause the same to be advertised for non payment, either 
in a newspaper printed in said town, or by posting writte, 
notices in three of the most public places in said town, for 
the space of sixty days; and if, at the end of that time, the 
said tax or taxes be still unpaid, the said trustees shall cause Lots may be 
the said lot or piece of ground, or so much thereof as may be^"^^ co'^t'** 
necessary, to be sold ; and out of the proceeds the said tax or 
taxes shall be paid, and the expenses of collection defrayed. 

Sec. 16. When any such lot or piece of ground shall have 
been so sold for non-payment of taxes, the same shall be sub- p , ^ 
ject to redemption by the owner or owners thereof, his, her ^^ithin two 
or their agent or agents, at any time within two years after years. 



54 INCORPORATION LAWS OF ILLINOIS. 

the same shall have been sold, upon paying to the treasurer 
of said town double the amount of the tax or taxes for which 
the same was sold, together with the expenses of collection; 
and if such lot or piece of ground shall not be redeemed, in 
the manner herein provided for, within two years from 
the date of such sale, then it shall be the duty of the president 
President of of the board of trustees to execute to the purchaser of such 
d^d '°™^ ^^^^ ^^ piece of ground a deed of special warranty, signed by 
the said president and sealed with the corporate seal of said 
town. 

Sec. 17. All lots of land or parcels of ground in said town, 
which have been or may hereaiter be conveyed or granted by 
the original proprietors of the said town, or by any other 
person or persons, to the inhabitants of said town in their 
corporate capacity, or to any other person or persons for 
them or for their use or benefit, and all funds raised or to be 
raised, by the sale of such lots or otherwise, for the erection 
Schools and of school-houses, academies, places of public worship, or for 
aca emies. ,^^^ other purpose, are hereby declared to belong to, and be 
vested in, the corporation of said lown, shall be under the 
direction and control of said trustees and their successors in 
office, and shall be applied in furtherance of the objects in- 
tended by the donors or grantors thereof; and the said trus- 
tees shall have power to sue for and receive any or all such 
lot or lots, parcel or parcels of ground, and to perfect in them- 
selves and their successors the title thereof, or to make such 
other adjustment thereof as to them shall appear necessary 
and proper. 

Sec. 18. In addition to the officers provided for in the 
eighth section of this act, there shall be elected in said town 
Additional of Chester two justices of the peace, to be elected at the 
justices of the same time that the trustees of said town are elected. The 
peace, election shall be conducted by the same judges of election 

that may be appointed by the board of trustees to conduct 
the elections of other officers, and returns thereof made in the 
same manner that is or may be required in relation to other 
justices of the peace, and shall be commissioned by the gover- 
term of office jjor for the term of four years. Should a vacancy occur in 
the office of either of said justices, the trustees of the town 
shall order an election to fill such vacancy; which elec- 
tion shall be conducted and returns thereof made as above: 
Provided the justices of the peace and constable provided 
for in this act shall have the same powers and jurisdictions, 
and be entitled to the same fees, and collect them in the same 
manner, as other justices of the peace and constables. 

Certificate of This bill having remained with the Council of Revision ten days, and 
Secretary of ^^^ General Assembly being in session, it has become a law this IL'th day of 
State. February, 1839. 

A. P. FIELD, Secretary of StaU. 



INCORPORATION LAWS OF ILLINOIS. 55 

AN ACT to incorporate the town of Warsaw. In force, Feb. 

U, lo39. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the individuals and 
residents of the town of Warsaw, in Hancock county, in the 
State aforesaid, are hereby made a body corporate and politic, 
in law and in fact, by the name and style of "The president Namcdtstyle. 
and trustees of the town of Warsaw," and by that name shall 
have perpetual succession, and may have and use a common Seal, 
seal, which they may alter or revoke at pleasure; and in 
whom the government of said corporation shall be vested, and 
by whom its atfaii's shall be managed. 

Sec. 2. That all that section of country contained in frac- Boundary of 
tional section number four, and the north half of section num- ^own. 
ber nine, and to the middle of the Mississippi river, in town- 
ship number four north, and range number nine, West of the 
fourth principal meri'lian, is hereby declared to be within the 
boundaries of the town of Warsaw. 

Sec. 3. That the present trustees of said tow^n shall con- Term of office, 
tinue in office until the first Monday in March next, and until 
their successors arc duly elected and qualified; and forever there- 
after an election shall be holden, on the first Monday in April an- Annual elec- 
nually, for five trustees, to hold thcur officers one year, and un- *^°°- 
til their successors are qualified; and public notice of the time and 
place of holding said election shall be given by the president 
and trustees, by an advertisement published in a newspaper Noticeofelec- 
in said town, or by posting it up in four of the most public ^^"° 
places in said town, at least ten days before the election. No 
person shall be a trustee of said town who has not arrived at 
the age of twe^Jty-one years, who has not resided in said town 
six months next preceding his election, and who is not, at the Eligibility to 
time thereof, a bona fide freeholder in said town; and all free ^"''^ °®*^^' 
white male citizens over twenty-one years of age, who have 
resided in said town six months next preceding an election, 
shall be entitled to vote for trustees; and the said trustees 
shall, at their first meeting, proceed to elect one of their body President of 
president, and shall have power to fill all vacancies in said board, 
board which may be occasioned by death, resignation, remova!- 
or six months' absence from the town. 

Sec. 4. That the board of trustees shall have power to 
appoint a clerk and assessor, a treasurer and street inspector, Officers, 
and such other officers as may be necessary, and shall be 
judgjs of the qualifications, elections, and returns of their own 
members. A majority shall constitute a board to do business, 
but a smaller number may adjourn fi'om day today, may com- 
pel the attendance of absent members in such manner and 
under such penalties as the board may provide. They may 
determine the rules of proceeding, punish their members for 
disorderly conduct, and, by the concurrence of a majority of 
th'. whole board, expel a member, and make such other rules 



56 



INCORPORATION LAWS OF ILLINOIS. 



Taxes, how 
levied. 



Powers of 
trustees. 



and regulations for their own government as to them may 
seem proper and expedient. 

Sec. 5. That the board of trustees shall have power to 
levy and collect taxes upon all real estate within the town 
and limits of the corporation, not exceeding one per cent, 
upon the assessed value thereof, exclusive of improvements, 
except as hereafter excepted ; to make regulations to secure 
the general health of the inhabitants; to prevent and remove 
nuisances; to regulate and license ferries within the corpora- 
tion ; to provide for licensing and taxing taverns, stores, gro- 
ceries, auctioneers, theatrical and other shows and amuse- 
ments within said corporation ; to prohibit and restrain gam- 
ing houses, bawdy-houses, and other disorderly houses; to 
build market-houses, and regulate the same; to open and 
keep in repair streets, lanes, alleys, drains, and sewers, 
and to keep the same clean; to require bond and security of 
town officers for the laithful performance of their duties, and 
from time to time to pass such ordinances, to carry into effect 
the provision? of this act and the powers hereby granted, as 
the good of the inhabitants may require; and to impose and 
appropriate fines and forfeitures for the breach of any ordi- 
nance, and provide for the collection thereof; and that, in all 
cases arising under this act, or growing out of the by-laws 
and ordinances made in pursuanceof this act of incorporation, 
any justice of the peace within said corporation shall have ju- 
risdiction lo hear and determine the same; and an appeal may 
be taken, and writs o{ certiorari allowed, from any such decis- 
ion, in the same manner as now is or hereafter may be provi- 
ded by law for appealing from judgments of justices of the 
peace : Provided, howeter^ That the said trustees shall in no 
case levy or collect a tax upon any lands until the same shall 
have been laid off into town lots and recorded. 

Sec. 6. That, upon the application of the owners of two- 
Special tax. thirds of the front lots on any street or parts of a street, it 
shall be lawful for the board of trustees to levy and collect a 
special tax on the owners of the lots on such street or parts 
of a street, according to their respective fronts, not to exceed 
one per cent., for the purpose of grading and paving the side- 
walks on said street. 

Sec. 7. The board of trustees shall have power to regulate, 
grade, pave, and improve the streets, avenues, lanes, and 
alleys, within the limits of said town and corporation, and to 
extend, open, and widen the same, making the person or per- 
sons injured thereby adequate compensation; to ascertain 
which the said board shall cause to be summoned six good and 
lawful men, freeholders and citizens of said town, not directly 
interested, who, being first duly sworn for that purpose, shall 
inquire mto and take into consideration as well the benefits 
as the injury Avhich may accrue, and estimate and assess the 
damages which would be sustained by reason of the opening, 
extending, or widening of any street, avenue, lane, or alley; 



Writs of cer 
tiorari. 

Proviso. 



Streets and 
alleys. 



INCORPORATION LAWS OF ILLINOIS. 57 

and shall moreover estimate the amount which other persons 
will be benefitted thereby, and shall contribute towards com- 
pensating the person injured; all of which shall be returned 
to the board of trustees, under their hands and seals; and the 
person which "shall be benefitted, and so assessed, shall pay the 
same in such manner as shall be provided by the board of trus- 
tees; and the residue, if any, shall be paid out of the town trea- 
sury. The board of trustees shall have power to pass such by- 
laws or ordinances, from time to time, as to them may seem 
expedient, and not inconsistent with any public law of this 
State, as the good of the citizens of said town may require. 

Sec. 8. That all ordinances of said trustees shall be fairly Ordinances to 
written out, signed by the clerk, and published in a newspaper ^ ™^^^ P"^ 
printed in the town, or posted up at three of the most public 
places in said town ; and no ordinance shall be in force until 
published as aforesaid. 

Sec, 9. That the board of trustees are also vested with 
power to declare what shall be considered a nuisance within Nuisances, 
said town and incorporated limits; to prevent the running 
and indecent exhibition of horses within the bounds of said 
town; to provide for the trial and punishment of persons who 
maybe engaged in assaults, assaults and batteries, and affrays 
within the limits of said corporation ; and to provide that such 
punishment may be inflicted for any offence against the laws offenders. 
or ordinances of the corporation as is or may be provided by 
law for like offences against the laws of this State : Provided, Proviso. 
That no person shall be deprived of the right of the trial by a 
jury in any case where such person would be entitled to a trial 
by a jury for a like offence against the laws of the State. 

Sec. 10. That the board of trustees shall have power to Punishment 
provide for the punishment of offenders, by imprisonment in °^ ''"®°°®'^" 
the county jail, in all cases where such offenders shall refuse 
or fail to pay fines which may be assessed, or for forfeitures or 
penalties which may be recovered : Provided, That no per- Proviso, 
son shall be imprisoned, under the provisions of this act, for 
a longer period than twenty-four hours for every five dollars 
of any fine assessed, or forfeiture or penalty recovered. 

Sec. 11. The board of trustees shall have power to adopt 
such modes and means for the assessment and collection ofSaleof lots, 
taxes as they may from time to time fix upon and determine, 
and to prescribe the manner of selling property, when the 
taxes levied upon it are not paid: Provided, however, That Proviso, 
no sale of any town lots, or other real estate, shall be made 
until public notice of the time and place shall be given by ad- 
vertisement in a newspaper, or by posting up written notices 
in three of the most pubhc places in said town, at least fifteen 
days previous thereto. 

Sec. 12. That when any town lot or lots or real estate Redemption 
shall be sold for taxes by virtue of this act, the same may be °^^' 
redeemed, at any time within two years from the date of 
such sale, by the owner of said property, his or her heirs^or 
assigns, agents, administrators, or executors, paying to the 



58 INCORPORATION LAWS OF ILLINOIS. 

treasurer of said town, for the use of the purchaser of said 
properly, the full amount of the purchase money, with inter- 
est at the rate of fifty per cent, per annum, together with the 
costs accruing thereon. 
Take oath. Sec. 13. That the members of the board of 'trustees and 
every other officer of said corporation shall, before entering 
on the duties of his office, take an oath or affirmation, before 
some judge or justice of the peace, to support the constitution 
of 4he United States and of this State, and faithfully to de- 
mean themselves in office. 
Town coosta- Sec. 14. That the board of trustees shall have power to 
bles; appoint a town constable or constables, and authorize him to 

execute all writs, process, and precepts which may be issued 
against persons for the violation of the laws or ordinances 
of the corporation, and to arrest, on view, all persons who 
may violate such laws or ordinances; to collect all fines, for- 
feiiiires, and penalties which may be assessed or recovered for 
io give bond, the use of the corporation ; and to require bond and securi- 
ty of said constable, in such sum as they may tbink proper; 
said constable or constables to hold their office during the 
pleasure of the board of trustees, and shall have and possess 
the same powers, and perform the same duties in other re- 
spects, as the constables in the different districts in the county 
possess. 
District for Sec, 15. That all that district of country included within 
election of the corporate limits of said town be, and the same is hereby, 
justice peace. (jQ^g^j^^j^gjj jj^^Q ^ district for the election of a justice of the 

peace. 
Dutyofcoun- Sec. 16., That the county commissioners' court of the 
sTouers'^ourt county of Hancock are hereby authorized and required to 
cause an election to be held hereafter as soon as practicable, 
and at each quadrennial election thereafter, for one justice of 
the peace in said district. The justice of the peace elected 
shall hold his office until the next general election for justice 
of the peace ; at which time his successor shall be elected as 
in other cases; and the person so elected shall have and exer- 
cise the same jurisdiction, hold his office by the same tenure, 
and be under the same regulations in all respects, as other 
justices of the peace of this State. 

Sec. 17. That the board of trustees, for the purpose of 

Streets, &c. keeping the streets and alleys in said town and incorporated 

limits, and the public roads passing from and through the 

centre of said town, in good repair, and to this end they are 

authorized to require every male resident of said town and 

Who to work incorporate limits, over the age of twenty-one years, to labor 

streets. in said streets, alleys, and roads, three days in each year; and 

any person who shall be notified by the street inspector to 

perform such labor so assessed as herein prdvided, and shall 

fail or neglect to perform the same, shall forfeit and pay the 

'^®' sum of one dollar and twenty-five cents for each day's labor 

neglected to be perfermed ; and the street inspector in said 



INCORPORATION LAWS OF ILLINOIS. 5Q 

town is hereby authorized to prosecute such delinquent per- ^'"N ^^ 
sons, in the name of the president and trustees of the town ^°"^ 
of Warsaw, before any justice of the peace in said county, 
and said street inspector shall be a competent witness against 
said delinquent; and in case of default as aforesaid, the justice 
of the peace shall enter up judgment against said delinquent 
for the amount so forfeited, with costs of suit, and issue exe- 
cution forthwith. 

Sec. 18. That it shall be the duty of any justice of the Duty of jus- 
peace residing in said town, and he is hereby authorized and '^^^ ° peace, 
empowered, on complaint being made to him, on oath, of the 
violation of any law or ordinance of the corporation, or upon 
view, to issue his warrant directed to the town constable, or 
any other authorized officer, to apprehend the offender or 
offenders, and bring him or them forthwith before him; and 
after hearing the evidence, if it shall appear that the said ac- 
cused has been guilty of the violation of any such law or or- 
dinance of the corporation, to impose such fine or imprison- 
ment as shall be provided in such law or ordinance: Provided Proviso, 
such fine shall not exceed fifty dollars. 

Sec. 19. That the said trustees are hereby made capable, ^'■"^'^^^^^J 
in law, to take and hold to themselves and their succei.sors 
any lands, tenements, hereditaments, and the rents, issues, and 
profits thereof, which may be necessary for the erection of 
any m^»'ket-house and other public buildings to promote the 
interest and public good of the citizens of said town, and the 
same to sell, grant, and dispose of, if necessary; and to sue and 
be sued, plead and be impleaded, answer and be answered, in 
any court or place whatever; and all suits and judicial pro- 
ceedings under this act shall be brought in the name and style 
of "The president and trustees of the town of Warsaw.'' 

Sec. 20. That justices of the peace and constables who Fees of justf- 
are required to render services under this act shall be entitled ces of peace, 
to the sam« fees, and collect them in the same manner, as 
now is or hereafter may be provided by law. 

Sec. '21. This act act shall lake efTect and be in force fiom 
and after its passage, any law to the contrary notwithstand- 
ing. 

Approved, February 12, 1839. 



AN ACT to incorporate New Haven, in Gallatin and White counties. In force, Feb. 

15, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the inhabitants and 
residents of the town of New Haven, in the counties of Gal- 
latin and White, are hereby made a body corporate and poll- Body corpo- 
tic, in law and in fact, by the name and style of "The presi- J^'®- . . 
dent and board of trustees of the town of New Haven," and ™ 
by that name shall have perpetual succession, and a common 



60 



INCORPORATION LAWS OP ILLINOIS. 



Election for 
trustees. 



seal, which they may alter at pleasure; and in whom the gov- 
ernment of said corporation shall be vested, and by whom its 
aifairs shall be managed. 
Boundaries. ^^' ^* That the boundary of the said corporation be, and 
the same is hereby, declared to extend to one square mile, 
making the large flouring and grist-mill the centre ; and that 
the jurisdiction of said corporation is hereby declared to be 
co-extensive with the limits aforesaid, and to extend to all 
and every part of the same. 

Sec. 3. An election shall be holden on the first Monday 
in May next, and annually thereafter, for three trustees, who 
shall hold their office for one year, and until their successors 
are qualified — previous public notice having been given pre- 
paratory to the first election, by publication in a newspaper 
in said town, or by written notices, at least four in number, 
posted up in the most public places within the limits of said town; 
and ever after like notice shall be given, preparatory to any 
such election, by the president and trustees of said town, for at 
least two weeks immediately preceding the time of such election. 

Sec. 4. No person shall be a trustee of said town who has 

Qualifications ^^^^ arrived at the asre of twenty-one years, who has not re- 
lor onic6a ^ * . . 

sided in said town twelve months next preceding his election, 

and who is not, at the time thereof, a bona fide freeholder, and 

moreover, who has not paid a corporation tax. All free white 

male inhabitants over the age of twenty-one years, who have 

resided in said town six months next preceding the election, 

or who are subject to pay a corporation tax, shall be entitled 

to vote for trustees. 

Sec. 5. The said trustees shall, at their first meeting, pro- 
ceed to elect one of their body president, and shall have power 
to fill all vacancies in said board which may be occasioned 
by death, resignation, or six months' absence from said town; 
and to appoint a clerk, an assessor, a treasurer, and a town 
constable, to give bond in such amount as the trustees may 
require; and the town constable shall take an oath of office 
before some justice of the peace ; and it shall be his duty to col- 
lect ail fines, and serve all process, at the suits of the corpora- 
tion, and to do such other matters and things pertaining to 
the office as may be required of him by the ordinances and 
by-laws of said corporation. 

Sec. 6 That the said corporation is hereby made capable, 
in law, to take and hold to themselves and their successors, 
any lands, tenements, hereditaments, and the rents, issues, 
and profits thereof, which may be necessary for the erection 
of any market-house and other public buildings to promote 
the interest and public good of the citizens of said town, and 
the same to sell, grant, and dispose of, if necessary; and to sue 
and be sued, plead and be impleaded, answer and be answer- 
ed, in any court whatever. 

Sec. 7. That the trustees aforesaid and their successors, or 
a majority of them, shall have full power and authority to 



Voters. 



President. 



Powers. 



INCORPORATION LAWS OF ILLINOIS. 61 

ordain and establish such rules and regulations for their gov- 
ernment and direction, and for the transaction of the busi- 
ness and concerns of the corporation, as they may deem expedi- 
ent, and to ordain and establish, and put into execution, such 
by-laws, ordinances, and regulations, as shall seem necessary 
for the government of said corporation, and for the manage- 
ment, control, disposition, and application of its corporate 
property; and generally to do and execute all and singular 
such acts, matters, and things which to them may reem neces- 
sary to do, and not contrary to the laws and constitution of 
this State or of the United States. 

Sec. 8. That said trustees shall have power to levy a tax, Tax levied, 
not exceeding one-half per cent., on lot?, exclusive of improve- 
ments, and personal property in said town, according to valu- 
ation; to tax public shows and houses of entertainment, tav- 
erns, groceries, and stores, for the purpose of making and im- 
proving the streets of said town, and keeping them in repair, 
and for the purpose of erecting such buildings and other need- 
ful works and objects as the interests and convenience of the 
inhabitants of said town may require, and the circumstances 
render proper and expedient; and said trustees may adopt 
such modes and means for the assessment and collection of 
taxes as they may from time to time fix and establish, and 
shall prescribe the manner of selKng property when the tax 
levied upon it shall not be paid : Provided, however, No sale Proviso. 
of any town lot or lots, or other real property, shall be made g , . j ^ 
until public notice of the time and place shall be given, by ad- 
vertisement, in the newspaper.s of said town, or by posting 
up notices to that effect at four of the most public places with- 
in the limits of said town, at least fifteen days previous 
thereto. 

Sec. 9. That the trustees of said town, or a majority of 
them, shall have power to preserve good order and harmony 
in said town; to punish open indecency, breaches of the 
peace, gambling, gaming houses, and all disorderly houses, 
and riotous meetings ; to remove obstructions in the streets 
and public ways, and all nuisances; for which they may make 
such by-laws and ordinances as to them may seem expedient, 
and not inconsistent with any public law of this State, and 
impose fines for the breach thereof; which fines shall be re- 
coverable before any justice of the peace residing in said town; 
and all suits and judicial proceedings under this act shall be Suits, how 
brought in the name and style of "The president and trustees brought. 
of the town of New Haven." 

Sec. 10. That it shall be the duty of any justice of the l>aty of jasti- 
peace residing in said town, and he is hereby authorized and ^^" ° peace, 
empowered, on complaint being made to him, on oath, of the 
violation of any law or ordinance of said corporation commit- 
ted Within the limits of said corporation, to issue his warrant, 
directed to the town constable, or any sheriff or constable of 
Gallatin county, to apprehend the offender or offenders, and 



62 INCORPORATION LAWS OF ILLINOIS. 

bring him, her, or them forthwith before him ; and after hearing 
the evidence, if it shall appear that the said accused has been 
^ailty of the violation of any such law or ordinance of the corpo- 
ration, to impose such fine or imprisonment as shall be prescribed 
in such law or ordinance: Provided such fine shall not exceed 
Proviso. ^^jy. (iollars, and imprisonment not exceed five days : Provided, 
Further pro- however. That writs o{ certiorari Irom appeals shall be granted 
viae. from judgments under this act as in other civil cases; and in 

all criminal cases, the defendants shall be entitled to an ap- 
peal to the circuit court for Gallatin county, by entering into 
bond or recognizance, as the case may require, before the said 
justice of the peace within twenty days after the rendition 
ot' judgment, with securities, and in such an amount as the 
justice may think right and proper. 

Sec. 11. That all that district of country included within 
the limits of the aforesaid corporation, in the counties of Gal- 
latin and While, be, and the same is hereby, constituted andde- 
, . , ,. clared to be a district for the election of a iusticeof the peace 
trict. ^^^ constable, whose official powers and jurisdictions shall be 

co-extensive with the limits of said corporation, whether in 
the one county or the other, (and with the limits of the county 
of Gallatin,) reserving to the defendant the right of appeal to 
peal.^ ° ^^' ^^^ circuit court of the county in which he may reside. 

Sec. 12. That the county commissioners' court of the 
county of Gallatin shall and is hereby authorized and required 
to cause an election to be held on the third day of April next, 
Election for ^^ ^^ ^^^"^ thereafter as practicable, and at each quadrennial 
justice peace, election thereafter, for one justice of the peace and one con- 
stable in said district or corporation limits. The officers elec- 
ted at the special election in April next shall hold their officers 
until the next general election for justices of the peace and 
constables; at which time their successors be elected as in other 
cases; and the persons so elected shall have and exercise the 
same jurisdiction, hold their offices by the same tenure, and 
for the same term, except as hereinbefore excepted, and be un- 
der the same regulations in all respects, as other justices of the 
Proviso. peace and constables of this State : Provided, always, it shall 

be the right and privilege of all the qualified voters within 
the limits of said corporation, Avhether in. Gallatin or White 
counties, to vote for said justices of the peace and constable 
at their every lection, any law of this State to the contrary 
notwithstanding. 

Sec. 13. That when any town lots or real estate shall be 
sold for taxes by virtue of this act, the same may be redeem- 

ono^t™s^old"or ®^» ^^ ^"^y ^^"^^ within two years from the date of such sale, 
taxes. by the owner of said property at the time of sale, or his or 

her agent, executor, or administrators, oi^ heirs, paying to the 
treasurer of said town, for the use of the purchaser of said 
property, the full amount of purchase money, with interest 
at the rate of twenty per cent, per annum, together with costs 
accruing thereon. 



I 



INCORPORATION LAWS OF ILLINOIS. 03 

Sec. 14. That all ordinances of said trustees shall be Ordinances, 
fairly written out, signed by the clerk, and published in a^J)^ publish- 
newspaper printed in the town, or posted up at three of the 
most public places in said town; and no ordinance shall be in 
force until published as aforesaid. 

Sec. 15. That justices of the peace and constables whq 
are required to render service under this act shall be entitled 
to the same fees, and collect them in the same manner, as now 
is or as hereafter may be provided by law. 

Sec. 16. That the president, or any two of the trustees. Called meet- 
shall have power to call a meeting of the board by giving one ^°^' 
day's notice thereof; and a majority shall constitute a quo- 
rum to do business, but a minofity shall have power to ad- 
journ from time to time, and compel tne attendance of absent 
members; and in the event that the notice of an election is 
not given as required by this act, or from any other cause, an 
annual election should not be holden at the proper time, it 
shall be lawful for the late clerk of the board or any two qual- 
ified voters in said town, at any time thereafter, to give notice, 
as aforesaid, of the time and place of holding a special election; 
and the trustees elected at such special election shall have all 
the powers conferred by this act on said trustees; the late trus- 
tees of the said corporation to do and perform all the duties 
of their office fully until their successors shall be as above, or 
at any subsequent annual election, elected and qualified. 

Approved, February 15, 1S39. 



AN AC r to repeal part of "An act to incorporate the city of Chicago." In force, Feb. 

15, 1839. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of an 
act, entitled "An act to incorporate the city of Chicago," ap- 
proved March the 4th, in the year of our Lord one thousand 
eight hundred and thirty-seven, as establishes a municipal 
court in the said city of Chicigo, and all matters con- ^^""^^ °[ ^*^' 
nected therewith, be, and the same is hereby, repealed. repea e 

Sec. 2. That all suits or matters, both at law and in equity, 
now pending and undetermined in the said municipal court, 
shall be heard, tried, and prosecuted to final judgment and 
execution, in the circuit court of the county of Cook, in the 
same manner as they would be if the said suits or matters 
had been originally made returnable, or had in the circuit 
court for the said county of Cook ; and all records, dockets, 
and papers belonging to, arising from, or connected with, the 
said municipal court, shall, by the clerk of the said municipal 
court, be transferred and delivered over to the clerk of the 
circuit court for the said county of Cook: Provided^ That this Proviw). 
section shall not be construed as a release of errors that might 



64 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 



Duty of high 
constable. 



Transcript of 
record. 



Clerk munici- 
pal court. 



Pro«80. 



Sheriff of 
Cook. 



have been taken advantage of in siaid municipal court : Pro- 
vided, further^ That it shall "be no ground of error in or to 
any judgment heretofore rendered in the said municipal court, 
that it does not appear by the record or proceedings that the 
defendant resided in the said county of Cook. 

Sec. 3. It is hereby made the duty of the high constable 
elected under the provisions of the said act, entitled "An act 
to incorporate the city of Chicago," hereby in part repealed, 
to make returns of- all process of summons, executions, or of 
whatever nature, to the said circuit court of the county of 
Cook; which said circuit court is hereby invested with the 
same powers to enforce a compliance with the law in this 
behalf that it would have had if the process had been originally 
issued from the said circuit court; and all executions hereafter 
to be issued upon any judgment rendered in the said municipal 
court shall be directed to the sheriff of Cook county. 

Sec. 4. That the transcript of any record of the said 
municipal court of any judgment rendered therein may and 
shall be furnished by the clerk of the circuit court of the said 
county of Cook ; and any such transcript shall have the same 
force and effect, to all intents and purposes, that the same 
would have had if the suit, process, or proceeding, whether 
in law or equily, had been originally commenced or instituted 
in the said circuit court. 

Sec. 5. That the clerk of the said municipal court shall 
deliver over the records, dockets, and papers, as provided in 
the second section of this act, within six weeks after the pas- 
sage hereof: Provided^ That nothing in this act contamed 
shall be so constmed as to prevent the clerk of the said muni- 
cipal court from collecting his fees in the manner now provided 
by law ; and the clerk of the said municipal court shall, for 
that purpose, have free access to the said records, dockets, and 
papers, and copies thereof, without costs or charge. 

Sec. 6. That the sheriff of Cook county is hereby autho- 
rized to give deeds of conveyance for any real estate which 
may have been sold by the high constable of the city of 
Chicago, as fully and effectually as'hc might or could do if the 
said real estate had been sold by the sheriff of" said county. 

Sec. 7. That nothing in this act contained shall be con- 
st''ued to prevent the high constable of said city of Chicago 
from proceeding to collect executions which have been 
levied. 

Approved, February 15, 1839. 



INCORPORATION LAWS OF ILLINOIS. 65 

AN ACT to incorporate the La Salle Prairie Company. In force, Feb. 

16, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Joel Hicks, Elijah 
Hyde, Gersham Silliman, Samuel T. McKean, and Simon 
Reed, their associates, successors, and assigns, are hereby 
made and constituted a body corporate and pohtic, by the Body politic, 
name and style of "The La Salle Prairie Company," and by Name & style, 
that name shall have perpetual succession, and be capable, in 
law, to sue and be sued, plead and be impleaded, in all courts 
and places wherein judicial proceedings may be had. 

Sec. 2. Said company shall be authorized to make a ditch Powers. 
or canal in the county of Peoria, in such a manner as to drain 
a lake or pond in said county, which covers a part of section 
thirty-four, in township number eleven north, of range number 
eight east, in Peoria county ; the water to be taken from said 
lake or pond to the most convenient place of conveying the 
same into some natural channel or stream, so that it may pass 
off to the Illinois river without injury to individuals or the 
health of the neighborhood. 

Sec. 3. Said company shall take ail measures necessary 
to effect the object of its creation, and may make the ditch 
or canal of such depth and width as may be necessary to 
entirely drain the lake or pond, and prevent in all. time to 
come any accumulation of water therein. 

Sec. 4. The company shall, after opening said ditch or 
canal, keep the same constantly clear of all obstructions so as 
to afford a free passage of water through the same, and .shall 
make and keep in repair bridges across the sam»i at every Bridges, 
place of the crossing of a public road, or private cart-way, 
established by law. 

Sec. 5. The business of said company shall be transacted Bu8ine88,how 
and conducted by five directors, a majority of whom shall conducted, 
constitute a quorum for the transaction of business. For the 
present the aforesaid persons shall be the directors of the 
company; and for the purpose of perpetuating the existence 
of the company, the directors for the time being shall have 
power to fill all vacancies which may occur in the board by vacancies, 
death, resignation, or otherwise. how filled. 

Sec. 6. The ditch or canal shall be, and is hereby declared. Highway, 
a public highway ; and all laws in relation to obstructing, 
injuring, or interfering with public highways, shall be deemed 
applicable to the same : Provided, Nothing in this section Proviso, 
shall be so construed as to prevent any person from running a 
fence across said ditch, in such a manner as not to prevent a 
free passage of the water running therein. 

Sec 7. Said company shall pay all damages occasioned Damages, 
to individuals by the making the said ditch or canal before 
making the same, the damages to be assessed and paid under 
and according to the piovisions of the act, entitled "An act 

E 



66 



INCORPORATION LAWS OF ILLINOIS. 



Power of 
directors. 



concerning the right of way and for other purposes," approved 
on the twenty-eighth of February, 18;{3. 

Sec. 8. The directors shall have power to constitute one 
or more agents to attend to the making and keeping in repair 
said ditch or canal, and shall also have power to contract 
and be contracted with, in all things concerning or touching 
the construction, maintenance, and keeping in repair the said 
ditch or canal, and have and hold so much land as may be 
necessary to effect the object of their incorporation ; but no 
power is conferred to purchase or hold any other real estate, 
or to conveyancing such estate. 

Approved, February 16, 1839. 



In force, Feb 
19, 1839. 



Boundaries o 
town; 



may be incor 
porated. 



Election. 



District may 
be increased. 



AN ACT to incorporate the town of Fayette, in Greene county. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the corporate limits 
of the town of Fayette, in the county of Greene, shall be one 
fsquaie half mile, the centre of which bounds being the north- 
east corner of the west half of the northeast quarter of section 
thirteen, township ten north, of range ten west. 

Sec. 2. The inhabitants of the said town of Fayette are 
hereby authorized and empowered to become incorporated in 
the manner and upon the terms prescribed in Xhe act, entitled 
"An act to incorporate the inhabitants of such town as may 
wish to become incorporated," approved February 12, 1831, 
notwithstanding there may not be one hundred and fifty in- 
habitants in said town, and complying with the provisions of 
the aforesaid act. The inhabitants of said town, and the 
president and trustees thereof, when elected, shall have, exer- 
cise, and enjoy n.W the rights, privileges, and powers granted 
and conferred by the act above recited. 

Sec. 3. The county commissioners' court of the county 
of Greene is hereby authorized and required to cause an elec- 
tion to be held in the said town of Fayette, on the first Mon- 
day in August next, and on the first Mondav in August every 
four years thereafter, for one justice of the peace and one 
constable ; for which purp6.se there shall be included the inhab- 
itants residing on section twelve and thirteen, in the said 
township and range; and the county commissioners shall, 
from time to time, when Ihey may deem proper, enlarge the 
said district so as to include a greater number of voters; and 
the persons, when so elected, shall have and exercise the same 
jurisdicjtion, hold their offices by the same tenure, and be under 
the same regulations in all respects, as other justices of the 
peace and constables in this ^rate. 

Appbovbd, February 19, 1839. 



INCORPORATION LAWS OF ILLINOIS. ((7 

AN ACT to incorporate the Mount Vernon Academy. In force, Feb. 

15, 1639. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Zadok Casey, 
Stinson H. Anderson, Joel Pace, John Johnson, W^illiam S. 
Vancleve, Edward H. Ridgway, Downing Baugh, Hezekiah 
B. Newby, Thomas Cunningham, Harvey T. Pace, and their 
successors, be, and they are hereby, created a body politic and Body politic, 
corporate, to be styled and known by the name of "The Name&style. 
president and trustees of the Mount Vernon Academy," and 
by that style and name to remain and have perpetual suc- 
cession. The said academy shall be and remain at or near Location. 
Mount Vernon, in Jefferson county, and State of Illinois. 
The number of trustees shall not exceed twelve, one of whom No. of trustees 
shall be president of the board, to be chosen by the trustees. President. 
For the present the above named individuals shall constitute 
the board of trustees, who shall fill the remaining vacancies Vacancies. 
at their discretion. 

Sec. 3. The object of said corporation shall be the promo- 
tion of the general interest of education. 

Sec. 3. The corporate powers hereby bestowed . shall be Corporate 
such only as are essential or useful in the attainment of said powers, 
object, and such as are usually conferred on similar bodies 
corporate, to wit: To have perpetual succession ; to make con- 
tracts; to sue and be sued, plead and be impleaded; to grant 
and receive by its corporate name, and to do all other things 
as natural persons may ; to accept, acquire, purchase, or sell 
property, real, personal, or mixed, in all lawful ways; to use, 
employ, manage, and di^spose of all such property, and oil 
money belonging to said corporation, in such manner as shall 
seem to the trustees best adapted to promote the objects 
beforementioned ; to have a common seal, and to alter or 
change the same ; to make such by-laws for its regulation us 
are not inconsistent with the constitution and laws of ih© 
United States or of this Stale; and to confer on such persons 
as may be considerad worthy such academical or honorary 
degrees as are usually conferred by similar institutions. 

Sec. 4. The trustees of said corporation, shall have autho- powers, 
rity, from time to time, to prescribe and regulate the course of 
studies to be pursued in said academy; to fix the rale of 
tuition, and other academical expenses; io appoint instructors, 
and such other officers and agents as may be necessary in 
managing the concerns of the institution; to define their duties; 
to fix their compensation; to displace or remove them; to erect 
necessary buildings; to purchase books, chemical and philo- 
sophical apparatus, and other suitable means of instruction: 
to make rules for the general regulation of the conduct of 
the students. 

Sec. 5. The trustees for the time being, in order to have SacceMlon. 
perpetual succession, shall have power to fill any vacancy 



m 



INCORPORATION LAWS OF ILLINOIS. 



Treasurer to 
give bond. 



Lands held. 



Proviso. 



CommoD 
■chools. 



which may occur in the board from death, removal, resigna- 
tion, or any other cause; and a majority of the trustees for the 
time being shall be a quorum to do business. 

Sec. 6. It shall be the duiy of the said trustees to appoint 
one of their number treasurer to the board, who shall be 
required to give bond, with sufficient security, in such penal 
sum as the board may prescribe, conditioned lor the perform- 
ance of such duties as the by-laws may require of him. 

Sec. 7. The said in-;titution shall be open to all denomi- 
nations of christians, and the profession of any particular 
religious faith shall not be required of those who become stu- 
dents; nor shall any teacher, trustee, or other person be allow- 
ed or permitted to use any means or influence in order to 
induce any of said students to subscribe to any particular 
creed or faith, or to attend on or at any particular church or 
place of worship to the exclusion of any other; all persons, 
however, may be suspended or expelled from said institution 
by the trustees thereof, whose habits are idle or vicious, or 
whose moral character is bad. 

Sec. 8. The lands and tenements and hereditaments to 
be held in perpetuity, by virtue of this act, by said corporation, 
shall not exceed six hundred and forty acres: Provided, how- 
ever, That if donations, grants, or devises in land, shall from 
time to time be made to said corporation, over and above the 
said six hundred and forty acres, which may be held in per- 
petuity as aforesaid, the same may be received and held by 
said corporation for the period of five years from the 
date of any such donation, grant, or devise; at the end of 
which time, if the said land shall not have been sold by said 
corporation, then and in that case such lands so donated, 
granted, or devised, shall revert to the donor, grantor, or the 
heirs of the devisor of the same. 

Sec. 9. There shall also be attached to the said academy 
a department in which shall be taught branches that are usually 
taught in common schools, which shall constitute the common 
school of the district in which said academy may be situated; 
and the trustees of said academy shall receive from the school 
commissioner of the county the same amount of money, in 
the same proportion, and apply the same to such tuition in 
the same, as other common schools are paid and kept : Provi- 
ded, That the teachers or instructors of said department 
shall be selected by the trustees, and under the control of 
the by-laws of said corporation. 

Sec. 10. This act to take effect and be in force from and 
after its passage. 

Approved, February 15, 1839. 



INCORPORATION LAWS OF ILLINOIS. 69 

AN ACT to incorporate the Edwardsville Steam-mill Company. In force, Feb. 

12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
representei in the General Assembly, That Joshua Atwa- 
ter, Isaac Prickett, Samuel H. Thompson, Edward M. West, 
Owen Meeker, A. R. Skidmore, John T. Lusk, John Adams, 
A. J. Lusk, Joseph Gillespie, J. L. Barnsback, and Cassius 
Haskett, and all such other persons as shall hereafter become 
subscribers to the sLock hereinafter described, shall be, and 
they are hereby, constituted and declared a body corporate. Body politic, 
by the name arid style of "The Edwardsville Steam-mill Com- 
pany," from and after the passage of this act; and by that 
name they and their successors shall have succession, and ^*™®*'"'7'«- 
shall, in law, be capable of suing and being sued, pleading and 
being impleaded, in all courts and places whatsoever; and may 
have a common seal, and may alter the same at pleasure ; and °^®"" 
they, and their successors also may, by that name and style, 
be capable, in law, of purchasing, holding, and conveying 
away real and personal estate for the uses and purposes of 
said corporation, which real estate shall not exceed one hiin- 
dred and sixty acres of land, whereon to erect the necessary 
enclosures for carrying on the business of said company, or 
for the use and purposes of said corporation. 

Sec. 2. Said company hereby incorporated shall have 
power to erect a steam-mill in Madison county, Illinois, and 
hereby are authorized to carry on the manufactory of flour, 
corn-meal, and lumber; to export the same and other products 
of the country; and to use all such powers and privileges as 
may be necessary to carry on said manufactory according to 
the object of this act as herein expressed. 

Sec. 3. The capital stock of said company shall consist Capital stock. 
of fifteen thousand dollars, or any sum under that amount, to 
be divided into shares of one hundred dollars each; which 
shares shall be payable in money, personal or real estate, or Shares. 
in labor, to be performed on said mill, or for the purpose of 
said corporation! Provided, That the trustees of said corpo- 
ration shall be willing and agree to take the personal or real 
estate, the Iftbor performed on said mill, or for the purposes of 
said corporation, at the time of paying or performing the 
same, at the prices required for such property or labor. 

Sec. 4. For the purposes of carrying into effect the ob- 
jects of this corporation, Isaac Piickett, Samuel H. Thomp- 
son, Joshua Atwater, Joseph Gillespie, E. M. West, and A. 
J. Lusk, are hereby appointed commissioners to obtain sub-^ 
scriptions to the capital stock of said company; and said com-gra 
missioners, or a majority of them, after giving twenty days' 
notice therereof, either in a newspaper or by putting up writ- Notice, 
ten advertisements in three public places in the county, shall 
open books for the subscription of said stock, at such time 
and place as they may direct, and keep the same open till at 
least fifty shares are subscribed. If the requisite number of 



70 INCORPORATION LAWS OF ILLINOIS. 

shares are not taken within twenty days, the commis- 
sioners, oi' a majority of them, shall take such measures as 
they may see proper for the completion of such subscriptions; 
and when such subscription is completed as aforesaid, or Avith- 
in thirty days thereafter, said commissioners, or a majority of 

Meeting of tliem, shall call a meeting of the stockholders at Ed wardsville, 
atockholders. . . , . , , ,• ^i c ..u 

giving twenty days' notice thereot, either in a newspaper, or 

by puttting up written advertisements in three public places 
in the county. 

Sec. 5. At said meeting the stockholders of said compa- 
rnstees. ^^ ^j^^y proceed to elect five trustees, or directors, who shall 
manage, direct, aud govern the affairs of said company one 
year from the period of election, and until their successors 
shall have been elected and qualified; and that no one shall 
be eligible to the office of director or trustee unless he or 
she shall own at least three shares. At said election, each 
stockholder shall have one vote for every share he or she shall 
own, and a majority of the votes given shall be required to 
make an election. The period of the subsequent election of 
Annual elec- directors shall be annually on the first Monday of the month 
**°°' in which the first election shall be held. 

Sec. 6. Immediately after the trustees or directors are 
chosen, they shall hold a meeting; at whinh, and at all sub- 
sequent meetings of said board, a majority of the directors 
Quorum. gj^g^n constitute a quorum. Thev shall proceed to the election 
of a president from their own body; a secretary, who shall be 
ecretarj. jj^orn by a jusiice of the peace to the faithful discharge of 
his duty, and who shall record all votes of the corporation in 
a book, by him kept for that purpose; a treasurer, who shall 
give bond to such amount and in such manner as the presi- 
dent and directors or trustees shall direct; and the said board 
shall appoint all other officers and agents as to them shall 
seem proper and necessary. 

Sec. 7. Said president and trustees or directors shall have 

By-laws. the power to make and establish all such by-laws, rules, and 

regulations as shall be necessary, and not inconsistent v/ith 

the laws of this State and. provisions of this act, which may 

be necessary to I he payment or collection of the subscription 

Transfer of to its stock, and the transfer of the same, and of property, or 

stock. ^Y^^^ jj^ ^^y, ^j^y, concerns the management and direction of 

the dflfairs of said company. 
If election not Sec. 8. If it should happen that any election should not 
held. be made on the day when, by the provisions of this act, it 

should be made, the corporation shall not for ihat reason be dis- 
solved, but such election ma\ be held on any other day Avith- 
in twenty days thereafter, public notice being given by the 
directors thereof. 
Stock deemed Sec 9 The stock of said company shall be depmed per- 
peraonal sonal property, and assignable and transferable; but no stcck- 
propei J. holder, indebted to the corporation, shall be permitted to make 



INCORPORATION LAWS OF ILLINOIS. 71 

a transfer until such debt be paid to the satisfaction of said 
directors. 

Sec. 10. The corporation shall continue for the space of ^ „.•„„„„ „ 
twenty-nve years irom and alter the passage of this act. 

Approved, February 12, 1839. 



AN ACT to incorporate the Central Sominary of Illinois. In force, Feb. 

15, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Tristram V. 
Hoxey, David A. Smith, Winthrop S. Gillman, John Tillson 
jr., James Lamb, and Joseph Duncan, and their successors, are 
hereby created a body politic and corporate, by the name of Body politic. 
"The trustees of the Central Semmary of lllmois," and by 
that name to have perpetual succession. The seminary shall 
remain permanently located near Carlinville, Illinois, The 
number of trustees shall never exceed twelve. For the pres- Number of 
ent the aforesaid persons shall constitute the board of trus-^"""^'^^^" 
tees, who shall fill the remaining vacancies at their discretion. 

Sec. 2. The object of the corporation shall be to promote 
the general interest of education, and to qualify young men Object ofcor- 
for the various duties of life; and its powers shall be such po^ai Ion. 
only as are essential or useful in the atlainrrfents of said object; 
to have perpetual succession; to make contracts, to sue and 
be sued, plead and be impleaded ; to grant and receive by its 
corporate name, and to do all other acts as natural persons 
may; to have a common seal, and to change the same at pleas- 
ure; to accept, acquire, purchase, lease, sell, or exchange 
property, real, personal, or mixed, in all lawful ways, and to 
use and to appropriate property or money belonging to the 
corporation, in such manner as the trustees may deem best 
calculated to promote the objects aforesaid : to make by-laws 
and to confer degrees, academical or honorary, such as are 
usually conferred by similar institutions: Provided^ That the 
by-laws, inconsistent with the constitution of the United States 
or of this State, shall be void. 

Sec. 3. The trustees for the time being shall have power Powers of 
to prescribe and regulate the course of studies to be pursued ''■"^'^^^• 
in the institution and in the preparatory departments; to fix 
the rate of tuition and other necessary charges; to appoint Appointment 
professors, teachers, and other officers, and agents; to fill the °^ o'^cers. 
vacancies among the professors, teachers, officers, and agents, 
define their powers and duties, fix their compensation, and the 
Jerm of employment; to displace or remove the said professors, 
teachers, officers, or agents; to erect the necessary buildings, 
purchase books, maps, charts, and other suitable means of in- Books, i-c. 
struction ; and to make rules for the general management of 
the aflfairs of the institution, and for regulating the conduct of 
students. 



I 



7a INCORPORATION LAWS OF ILLINOIS. 

Vacancies, Sec. 4. The trustees for the time being, in order to have 
how filled. perpetual succession, sliall have power to fill vacancies vehich 
may occur in the board by removal, death, resignation or oth- 
erwise; and a majority of the trustees shall constitute a quo- 
rum for the transaction of business. 

Sec. 5. The trustees shall faithfully apply all property and 
money by them received in erecting suitable buildings, sup- 
porting the necessary professors, teachers, officers, and agents, 
procuring a library and other necessary apparatus to aid in 
the promotion of the objects of the institution: Provided, 
Donations. That, if any donation, devise, or bequest shall be made for 
particular purposes accordant with the objects of the institu- 
tion, and the trustees shall accept the same, the property or 
money thus obtained shall be applied according to the ex- 
pressed wishes of the donor or devisor. 

Sec. 6. The institution shall be open to all classes and 
denominations of persons, and no preference shall ever be giv- 
en to students of qny particular religious faith; but, for any 
criminal or gross immoral conduct, students may be suspen- 
ded or expelled. 
Suits against. Sec. 7. Suits shall be commenced against the corporation 
by summons, and the service thereof shall be by deUvering a 
copy to a trustee. 

Sec. 8. The real estate held in perpetuity by the said cor- 
poration shall not exceed six hundred and forty acres of land; 
but, if donations, grants, or devises shall from time to time 
be made to said corporation, over and above the said six hun- 
dred and forty acres which may be held in perpetuity as 
aforesaid, the same may be received and held for the period 
of ten years from the date of such donation, grant, or devise; 
at the end of which time the excess of land so received over 
and above the six hundred and forty acres remaining undis- 
posed of by the corporation shall revert to the donor, grantor, 
or the heirs of devisor. 

Sec. 9. The president or principal professor in the insti- 
tution shall, ex officio, be a member of the board of trustees; 
and, upon the appointment of a trustee to this office, his place 
as a trustee shall be deemed vacant, and filled as other \'acau- 
Trustees may ^^^^' '^^^ trustees for the time being shall have power to re- 
be removed, move any trustee from his office of trustee, for any dishonor- 
able or criminal conduct; but removal shall not take place 
without giving such trustee notice of the charges against him, 
and the opportunity of defence, nor unless two-thirds of the 
whole number of the trustees for the time being shall concur 
in such removal. 
Bond. Sec. 10. ' The trustees shall have power to require bond 

and security from any officer or agent of the institution, con- 
ditioned for the faithful discharge of the duties required by 
the by-laws. 

Approved, February 15, 1839. 



INCORPORATION LAWS OF ILLINOIS. 73 

AN ACT to incorporate the Warsaw University of Illinois. In force, Feb. 

19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Richard F. Bar- 
rett, .loseph Duncan, Samuel D. Lockwood, Daniel W. Vittum, 
John W. Shinn, David W. Mathews, Calvin A. Warren, 
Joini R. Wilcox, Daniel S. Witter, William H. Rosevelt, John 
Montague, and Mark Aldrich, and their successors in office, 
be, and they are hereby, created a body corJDorate, to be Body corpo- 
styled and known by the name of "The trustees of the War- rate, 
saw University," and by that name to remain and have per- 
petual succession, with full power to acquire, hold, and trans- Powers, 
fer property, real and personal ; to make contracts , sue and 
be sued, plead and be impleaded ; and, in their corporate 
capacity, to make, have, and use a common seal, and the same 
to break, alter, and destroy, at pleasure. 

Sec. 2. Said trustees shall not exceed the number of fifty. Number of 
The president of the university shall, ex officio, be a member, ^™^^®®^' 
and the president of the board; no other instructor shall be a 
member. The trustees for the time being, in order to have 
perpetual succession, shall have power, as often as a trustee 
shall die, resign, or remove out of the State, to appoint another 
suitable person to fill the vacancy in the board of trustees 
occasioned by such death, resignation, or removal. 

Sec. 3. The powers hereby given said trustees shall not 
be used or construed to extend to the contracting for, or ac- 
quiring any, property, real, personal, or mixed, that shall not 
be necessary and proper for the purposes of an institution of 
learning of this kind ; and the whole property of said corpo- 
ration shall be faithfully applied to that; and all funds by 
them owned, or which may hereafter be owned, shall, accor- 
ding to their best judgment, be applied in erecting buildings; Buildings, 
in supporting the necessary officers and agents of the institu- 
tion; in procui-ing books, maps, charts, globes, chemical, 
philosophical, and such other apparatus as may be required to 
aid the promotion of learning in said university. 

Sec. 4. Said trustees shall prescribe and regulate the course Course of 
of studies to be pursued in the university, (subject to the ap- study, 
probation of the faculty) and in the preparatory department 
thereunto; to fix the rate of tuition and the college expenses; 
to appoint such officers and agents as may be required, suita- 
ble to conduct the university; to define their duties and 
powers, and to fix the compensation; to remove any or all of 
them when the interest of the institution shall fully require 
it; to establish, if thought practicable, a system of manual 
labor; to create rules for the regulation of the students, and 
by-laws for the general government of the university : Povi- Proviso. 
ded nothing therein contained shall be inconsistent with the 
laws of this State or of the United States. 

Sec. 5. The trustees shall have power to establish depart- Powers of 
ments for the study of any and of all of the liberal and learned tmatees. 



74 



INCORPORATION LAWS OF ILLINOIS. 



Farther pow- 
en. 



Donations, 
bow used. 



Treasurer to 
give bond. 



University 
open to all. 



Location. 

Annual meet 
ing. 



professions, particularly Jaw and medicine, an(\ to institute 
and grant diplomas in the same; to conslitute and confer 
the degrees of doctor in the learned arts, the sciences, and 
belles lettres; and to confer such other academical degrees as 
are usually conferred by learned institutions of the kind. . 

Sec. 6. Said trustees shall have power to institute a board 
of competent persons, always including the faculty, who shall 
examine such individuals as may apply for graduation in said 
university; and if said applicants are found to possess such 
knowledge of the studies pursued in said university as, in the 
judgment of said board, renders them worthy, they may be 
considered graduates in course, and shall be entitled to a 
diploma accordingly, on paying such fee as the trustees shall 
affix; which fee, however, shall in no case exceed the tuition 
bills of the full college course. Said examining board may 
not exceed the number of ten; three of whom may transact 
business, provided one be of the faculty. 

Sec. 7. Any donation, devise, or bequest made for special 
purposes accordant with the objects of the university, if the 
trustees shall accept the same, shall be faithfully and truly 
applied in conformity with the express condition or conditions 
of the donor oi' devisor. The lands, tenements, and heredita- 
ments, to be held in perpetuity, in virtue of this act, by said 
corporation, shall not exceed three thousand acres: Provided^ 
however^ That grants, donations, or devises in lands, which 
from time to time shall be made to said corporation, may be 
held for the term of ten years from the date of every such 
grant, donation, or devise ; at the end of which time the said 
lands, over and above the aforenamed three thousand acres, 
shall be sold by the corporation ; and, in case of neglect to 
sell said lands so donated, they shall revert to the original 
donor or devisor, or to the lawful heirs of the same. 

Sec. 8. The treasurer and all other agents of the institu- 
tion, when required by the trustees, shall give bond for the 
security of the corporation, in such penal sum and with such 
security as the board shall approve ; and all process against 
said corporation shall be by summons, and service of the 
same shall be by leaving an attested copy with the treasurer 
at least thirty days before the return day thereof. 

Sec. 9. In its different departments, the university shall 
be open to all denominations of christians, and the profession 
of any particular religious creed shall not be required in order 
to admission; but those students, whose habits are idle or 
vicious, or whose characters are immoral, may be suspended, 
or expelled, at the discretion of the trustees. 

Sec. 10. Said university shall be located at or near War- 
saw, in the county of Hancock, State oi Illinois. The trus- 
• tees shall hold at least one meeting for business, annually; 
and the aforenamed trustees, or any of them, shall have power 



INCORPORATION LAWS OF ILLINOIS. ^6 

to call the first meeting; at which time may be chosen a presi- 
dent of the board, a treasurer, and secretary. Special meet- 
ings may at any time be held by the order of the president 
of the university, or by three trustees in case there be no 
president of the university, five of whom shall constitute a Quorum, 
quorum to do business. 

Sec. 11. Should the corporation at any time act contrary 
to the provisions of this charter, or fail to comply with the 
same, (upon complaint being made to the circuit court of Han- 
cock county,) a scire facias shall issue, and the circuit attorney f^-cire facias, 
shall prosecute in behalf of the people of this State for a Repeal of 
repeal of this charter. charter. 

Sec. 12, This act shall be a public act, and shall be con- 
strued liberally in all courts for the purposes hereinbefore 
expressed. 

Approved, February 19, 1839. 



AIM ACT to incorporate the Des Moines Rapids Railroad Company. Jq force, Feb- 

19, 1839. 
Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Daniel S. Witter, 
David W. Matthews, John Montague, William D. Abernathy, 
Joel Catlin, Calvin A. Warren, Isaac N. Morris, Isaac Galland, 
Mark Aldrich, Joseph Duncan, and Richard F. Barrett, 
their associates, successors, and assigns, are hereby created a 
body corporate and politic, under the name and style of Body corpo- 
"The Des Moines Rapids Railroad Company," and by that '■'^^®- 
name may be, and hereby are made, capable, in law and equi- ^°^^"' 
ty, to sue and be sued to final judgment and execution, plead 
and be impleaded, defend and be defended, in any courts of 
record, or in any other place whatever; to make, havo, and 
use a common seal, and the same to break, renew, and alter 
at pleasure; and shall be, and are hereby, vested with all the 
powers, privileges, and immunities which are or may be ne- 
cessary to carry into efTect the purposes and objects of this 
act as hereinafter set forth; and the said company are hereby 
authorized and empowered to locate and construct, and final- 
ly complete, a railroad commencing on the Mississippi river Location of 
at the head of the Des Moines rapids, at or near the town of railroad. 
Commerce, in Hancock county, and from thence, in the di- 
rection to Warsav^% to intersect the Peoria and Warsaw rail- 
road at such point as shall be determined upon after a survey 
shall have been made of the route by and between the Board 
of Commissioners of Public Works and the said company; 
and for this purpose said company are authorized to lay out 
their said railroad wide enough for a single or double track 
through the whole length; and for the purpose of cutting, em- 
bankment, stone, and gravel, may take as much more land 
as may be necessary for the proper construction and security 



76 INCORPORATION LAWS OF ILLINOIS. 

Proviso. of said railroad: Provided, That all damages that may be 
occasioned to any person or corporation, by the taking of such 
lands or materials for the purposes aforesaid, shall be paid for 
by said company in the manner hereinafter provided. 

Capital Btock Sec. 2. The capital stock of said company shall be one 

creased '"' hundred thousand dollars, with liberty to increase the same 
by new subscni)tion, and in such manner and form as they 
shall think proper, if such increase shall be found necessary to 
fulfil the intent of this act; which said capital stock shall be 

Shares. divided into shares of one hundred dollars each; and the im- 

mediate government and direction of the affairs of said com- 

Directors. ^^^^ g|^^jj -^^ vested in five directors, who shall be chosen by 
the members of the company in the manner hereinafter pro- 
vided, who shall hold their offices for one year, and until 

Term of office, others shall be duly elected and qualified to take their places 
as directors; and the said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect one 

President. gf their number president of the board, who shall also be 
president of the company, and shall have authority to choose 

Clerk to be ^ clerk, who shall be sworn to the faithful discharge of his du- 

flworQ 

Treasurer to ^Yi ^"^^ a treasurer, who shall give bond to the company, with 

give bond. sureties to the satisfaction of the directors. 

Sec. 3. The president and directors for the time being are 
hereby authorized and empowered, by themselves or agents, 
to exercise all the powers and authority hereby granted, tor 
the purpose of locating, constructing, and completing said 
railroad, and all such other powers and authority for the man- 
agement of the atTairs of said company, not heretofore grant- 
ed, as may be necessary to carry i.ito effect the object of this 
grant; to purchase and hold land, materials, and other neces- 
sary things, in the name of the company, for the use of the 
road; to make such equal assessments from time to time on all 
shares of said company as they may deem expedient and ne- 
cessary in the progress and execution of the work, and direct 
the same to be paid to the treasurer of the company; and the 
treasurer shall give notice of all such assessments. The board 
of directors shall have power to adopt rules and by-laws reg- 

Bj-iaws. ulating the manner and time of payment of all assessments 
they may order, under such penalties as they may deem 
proper. 

Sec. 4. Said company shall be hulden to pay all damages 
that may arise to any person or persons, corporation or cor- 
porations, by taking their lands, gravel, or stone for the use 
of said railroad, when the same cannot be obtained by volun- 
tary agreement; which damages shall be ascertained in the 
same manner that damages are now ascertained in case of 
public roads running through the lands oi individuals, some 
one of the directors acting in the stead of the supervisor in 
the general road laws. 



INCORPORATION LAWS OF ILLINOIS. fj 

Sec. 5. When the lands or other property or estate of any 
married woman, ini'ant, or person non compos mentis, shall be 
necessary for the construction of said railroad, the husband of 
such married won. an, and the guardian of such infant or per- 
son non compos mentis, may release all damages in relation to 
the land or estate to be taken and appropriated as aforesaid, as 
fully as they might do if the same were holden in their right 
respectively. 

Sec. 6. If any person or persons shall wilfully, malicious- Obstruction of 
ly, or wantonly, and contrary to law, obstruct the passage of '°" ' 
any car on said railroad, or any part thereof, or any thing be- 
longing thereto, he, she, or they, or any person assisting, shall 
forfeit and pay to said company, for every such offence, treble 
the amount ol" such damages as shall be proved before any 
court competent to try the same, to be sued for in the name 
and in behalf of said company; and such offender or offenders 
shall be deemed guilty of a misdemeanor, and liable to indict- 
ment in the same manner as other indictments are found in 
any county or counties where such ofience shall have been 
committed; and, upon conviction, such offender or offenders 
shall be liable to a fine, not exceeding five thousand dollars. Fine, 
for the use of the county where the indictment may be found, 
or may be imprisoned, not exceeding one year, at the discre- 
tion of the court before whom the conviction may be had. 

Sec. 7. The time of holding the annual meeting of said Antiual meet- 
company for the election of directors shall be fixed and deter- ing. 
mined by the by-laws of said company; and at all meetings, 
each stockholder shall be entitled to vote, in person or by law- 
ful proxy, one vote for each share he, she, or they may hold 
bona Jide in said stock; and a plurality of vote? shall deter- 
mine the choice. 

Sec. 8 That -Toseph Duncan, Richard F. Barrett, Daniel 
S. Witter, Mark Aldrich, Isaac Galland, and Calvin A. War- 
ren are hereby appointed commissioners to open subscription Commission- 
books for the stock of said company. Said commissioners, or era to open 
a majority of them, are hereby authorized to open subscrip-^"^^j^*g"^'^°" 
lion books for said stock, at such places as they may deem 
proper, and shall give at least thirty days' notice of the time Notice, 
and place where such books will be opened, and shall keep the 
same open for five days unless the whole amount of capital 
stock of said company shall be sooner subscribed ; and they 
shall require each subscriber to pay five dollars on each share Amount to be 
subscribed at the time of subscribing; and at the termination ^ubsc^ribed'^" 
of said term of five days or sooner, if the v/hole amount of 
said stock shall be taken, said commissioners shall call a meet- 
ing of the stockholders, by giving ten days' notice, in some 
public newspaper printed in this State, of the time and place 
of such meeting. At such meeting, it shall be lawful to elect 
the directors of said company; and when the directors of said 
company shall have been chosen, the said commissioners shall 
deliver said subscription books, together with all sums of 



Provleo. 



7g INCORPORATION LAWS OF ILLINOIS. 

Proviso. money received by them, to said directors: Provided, That 

each director shall, at the time of his election, own at least 
five shares of the capital stock of said company. Said corpo- 

be°b!j7rowed. ration is hereby authorized to borrow any sum of money not 
exceeding their capital stock, and to make all such contracts 
as said corporation may deem necessary to carry into effect 
the powers and privileges hereby granted: Provided, That 
they shall not issue any drafts or checks or other instruments 
to be used as a circulating medium. 

Sec. 9. That the right of way and the real estate purchas- 

Righi of way ^^ j-^j. ^^^ right of way by said company, whether by mutual 
agreement between the said corporation and the owner or 
owners of such land or real estate, or which shall become 
the property of said corporation by operation of law as in 
this act is provided, shall, upon the payment of the amount of 
money belonging to the owner or owners of such lands, as a 
compensation for the same, become the property of said cor- 
poration absolutely and in fee simple. 

Right reserv- Sec. 10. That the Legislature reserves to itself the right 

®^' to purchase the stock of ?aid corporation at any time after the 

expiration of twenty years from the passage of this act, to- 
gether with the right of way, depots, fixtures, cars, and the 
other apparatus necessary for carrying on the business of said 
coiporalion, by paying to said company the value of said rail- 
road, depots, cars, fixtures, &c.; and for the purpose of ascer- 
taining the value thereof, the Legislature may appoint two 
or more commfssioners, who shall proceed to ascertain, by in- 
spection and the oath of witnesses, the actual value of the 
said railroad, depots, cars, and fixtures as aforesaid. The said 
corporation may take and transport upon the said railroad 
any person or persons, merchandize or other property, by the 
force and power of steam or animals, or any combination of 
them, and may erect and maintain houses, toll-gates and other 
buildings for the accommodation and maniigement of the said 

Rate of toll railioad, and may fix, establish, take, and receive such rates of 
toll for all passengers and property transported upon the same 
as the said directors shall from time to time establish; and the 
directors are hereby authorized and empowered to make all 
necessary rules and by-laws, regulations and ordinances, that 
they may deem necessary and expedient to accomplish the 
designs and purposes, and to carry into effect the provisions of 
this act, and for the transfer and assignments^ of its stock, 
which is hereby declared personal property, and transferable 
in such manner as shall be provided by the by-laws and ordi- 
nances of said corporation. 

When to he Si::c. 11. If the said corporation shall not commence the 

completed, -^york within two years from the passage of this act, and com- 
plete the same within five years, then this act shall thence- 
forth cease and be void. 



INCORPORATION LAWS OP ILLINOIS. 79 

Sec. 12. The company shall be permitted to connect the May connect, 
said railroad with the Peoria and Warsaw railroad at such 
convenient point only as the Board of Commissioners of Pub- 
lic Works shall deem expedient to protect the interest of the 
State, and prevent the said company's road from coming into 
direct competition with the State works, and upon the condi- 
tions and under the restrictions prescribed in the iorty-fifth 
section of the act, entitled "An act to establish and maintain 
a general system of internal improvement " 

Sec. 13. The payment of the first instalment of the cap- Fir^tinetal- 
ital stock, I'equired to be paid at the time of subscribing, shall i"ent of cnpi- 
not be evaded by tlie giving of promissory notes therefor, or stock, 
otherwise; and so soon as five hundred shares of the said 
capital stock shall have been so subscribed, and the first instal- 
ment paid thereon as aforesaid, the company may be organ- 
ized by the election of directors hereinbefore provided for. 

Appro VEi>, February 19, 1S39. 



AN ACT to incorporate the Shawneetown Academy, in Gallatin county. In force, Feb. 

19, 1839. 

Sec. 1. Be it enacted by the People of the State of [Illinois^'] 
represented in the General Assembly, That John Mar>.hall, 
Henry Eddy, James C. Sloo, Ephraim H. Gatewood, Alex- 
ander Kirkpatrick, William A. Docker, John Siddall, and 
Alexander Posey, and their successors, be, and they are hereby, 
created a body politic and corporate, to be styled and known Body politic, 
by the name of "The president and trustees of the Shawnee- 
town Academy," and by that style and name to remain and 
have perpetual succession. The said academy shall be and 
remain at and in Shawneetown, in Gallatin county. State of Location. 
Illinois. The number of trustees shall not exceed twelve, 
one of whom shall be president of the board, to be chosen by 
the trustees. For the present the above named individuals 
shall constitute the board of trustees, who shall fill the remain- 
ing vacancies at their pleasure and discretion. 

Sec. 2. The object of said institution shall be the promo- 
tion of the general interests of education. 

Sec 3. The corporate powers hereby bestowed shall be Corporate 
such only as are essential or useful in ihe attainment of said powers, 
object, and such as are usually conferred on similar bodies cor- 
porate, to wit: To have perpetual succession; to make con- 
tracts; to sue and be sued, to plead and be impleaded, to 
grant and receive by its corporate name, and to do all other 
acts as natural persons may; to accept, acquire, purchase, or 
sell property, real, personal, or mixed, in all lawful ways; to 
use, employ, manage, and dispose of all such property, and 
all money belonging to sa'd corporation, in such manner as 
shall seem to the trustees best adapted to promote the object 
beforementioned ; to have a common seal, and to change or 



80 



INCORPORATION LAWS OF ILLINOIS. 



Duty 

tees. 



of trus 



Vacancies. 



Treasurer. 



Proviso. 



Common 
•chool. 



alter the same at pleasure ; to make such by-laws for its regu- 
lation as are not inconsistent with the laws and constilLIlion 
of the United States or of this State; to I'onfer on such per- 
sons as may be considered worthy Such academical or hono- 
rary degrees as are usually conferred by similar institutions. 

Sec. 4. The trustees of said corporation shall have au- 
thority, from time to time, to prescribe and regulate the course 
of studies to be pursued in said academy ; to fix the rate of 
tuition, and other academical expenses; to appoint instructors 
and such other officers and agents as may be necessary in 
managing the concerns of the institution; to define their 
duties, to fix their compensation, to displace or remove them ; 
to erect necessary buildings; to purchase books, chemical and 
philosophical apparatus, and other suitable means of instruc- 
tion; to make rules for the general regulations of the conduct 
of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to fill any vacancy 
which may occur in the board, from death, removal, resigna- 
tion, or any other cause. A majority of the trustees ior the 
time being shall be a quorum to do business. 

Sec. 6. It shall be the duty of said trustees to appoint one 
treasurer to the board, who shall be required to give bond, 
with sufficient security, in such penal sum as the board may 
prescribe, conditioned for the performance of such duties as 
the by-laws may require of him. 

Sec. 7. The said institution shall be open to all denomina- 
tions of christians, and the profession of any particular reli- 
gious faith shall not be required of those who become students ; 
all persons, however, may be suspended or expelled from said 
institution by the trustees thereof, whose habits are idle or 
vicious, or whose moral character is bad. 

Sec. 8. The lands, tenements, and hereditaments to be 
held in perpetuity, by virtue of this act, by said corporation, 
shall not exceed six hundred and forty acres: Provided, how- 
ever^ That if any donations, grants, or devises m land sliall 
from time to time be made to said corporation, over and above 
the said six hundred and forty acres which may be held in 
perpetuity as aforesaid, the same may be received and held 
by said corporation for the period of five years from the date 
of any such donation, grant, or devise; at the end of which 
time, if the said land shall not have been sold by the corpora- 
tion, then and in that case the said lands so donated, granted, 
or devised, shall revert to the donor, grantor, or the heirs of 
the devisor of the same. 

Sec. 9. There shall be attached to said academy a depart- 
ment in which shall be taught branches that are usually taught 
in common schools, which shall constitute the common school 
of the district in which said academy may be situated ; and 
the trustees of said academy shall receive, from the school 



INCORPORATION LAWS OF ILLINOIS, 

commissioner of the county, the same amount of money in 
the same proportion, and apply the same to such tuition in 
the same manner, as other common schools are paid and Itept: 
Provided, That the teachers or instructors of said depart- "o^^^' 
ment shall be selected by the trustees, and under the control 
of the by-laws of said corporation. 
Approved, February 19, 1839. 



AN ACT to incorporate the Chester Insurance Company. In force, Feb. 

19, 1839. 

Sec. 1. Be it enacted by the People of the State of lUinoia, 
represented in the General Assembly, That there shall be, 
and hereby is, established, in the town of Chester, an insu- 
rance company, with a capital stock of one hundred thousand Capital stock, 
dollars, to be divided into shares of fifty dollars each, and sub- Shares, 
scribed and paid for by individuals, companies or corporations, 
in manner hereinafter specified ; which stockholders and sub- 
scribers and their successors shall be, and hereby are, created 
a body politic and corporate, with perpetual succession, by the Body pontic, 
name and style of "The Cliester Insurance Company," for the Name &, style, 
period of fifty years from and after the passage of this law, 
and by that name shall be competent to contract and be con- 
tracted with, to sue and be sued, plead and be impleaded, an- 
swer and be answered unto, defend and be defended, in all 
courts and places, and in all matters whatsoever, with full 
power and authority to acquire, hold, possess, use, occupy, and 
enjoy, and the same to sell, convey, and dispose, of all such 
real estate as shall be necessary for the transaction of its busi- 
ness, or which may be conveyed to said company lor the se- 
curity or in payment of any debt which may become due and 
owing to the same, or in satisfaction of any judgment of any 
court of law, or decree of any court of equity, in their favor; 
and may have and use a common seal and the same alter, 
change, break, or renew, at pleasure; and may also make, 
ordain, establish, and put in execution such by-laws, ordinan- 
ces, rules, and regulations as shall be necessary and proper for 
the good government of said company, and the prudent and 
efficient management of its dL^dws'. .Provided, That no by- Proviso. 
laws, ordinances, rules, or regulations of said company shall 
in anywise be contrary to the constitution and laws of this 
State or of the CJniled States. Said corporation shall have 
power to make contracts, and do and perform any and all acts, 
in the management and conduct of its business, and in the 
use of its funds, as fully to aU intents and purposes as a natu- 
ral person ; and may vest its funds in stock, or may loan any 
surplus funds at a rate of interest not exceeding eight per cent, 
per annum, for a term not exceeding twelve months, and take 
such security therefor as may be agreed on. 



I 



INCORPORATION LAWS OF ILUNOIS. 



Capital may- 
be increased 



Service of 
process. 



Bec. 2. That said corporation shall have full power and 
lawful authority to insure all kinds of property against loss or 
damage by fire, or any other cause or risk; to make all kinds 
of insurance against loss or damage on goods, merchandize, 
and produce in the course of transportation or otherwise, 
whether on the land or on the water, and any vessels or boats 
wherever they may be; to make all kinds of insurance upon 
life or lives; to lend money on bottomry or respondentia; to 
cause themselves to be insured against any loss or risk they 
may have incurred in the course of their business, and against 
any maritime or other risk upon the interest they may have 
in any vessel, boat, goods, merchandize, or other property, by 
means of any loan or loans which they may make on mort- 
gage, bottomry, and respondentia; and generally to do and 
perform all other necessary matters and things connected 
with and proper to promote those objects. 

Sec. 3. That it shall be lawful for a majority of the direc- 
tors chosen under this act at any time to increase the cap- 
ital stock to an amount not exceeding two hundred thousand 
dollars. 

Sec. 4. That it shall be sufficient service of process on the 
corporation hereby created, to execute the writ or notice on 
the president or secretary; and such service shall auttfcrize 
judgment on proceedings, by default, against the corporation, 
in the same manner that judgments or proceedings are taken 
by default against individual persons on the execution of pro- 
cess. 

Sec. 5. That the real and personal estate, business, pro- 
perty, funds, and prudential concerns of said corporation, and 
the administration of its affairs, shall be under the manage- 
Board of di- ment, direction, and control of a board of five directors, who 
shall be stockholders and citizens of the State of Illinois; and 
after the first election, they shall be elected by the stockhold- 
ers, on the first Monday in May annually, at such time of day, 
and at such place in the town of Chester, as said directors for 
the time being shall direct. They shall hold their offices for 
the term of one year, and until their successors shall be cho- 
sen ; and notice of such election shall be advertised and pub- 
lished for three weeks next preceding the same, and such elec- 
tion shall be by ballot, and a plurality of votes received and coun- 
ted in public by and under the inspection of three stockholders, 
not directors at the time, to be previously appointed by the 
board of directors for that purpose; and at every such elec- 
tion, and all other meetings of the stockholders held under the 
provisions of this act, each shall be entitled to one vote for 
Proviso. each share: Provided, That no stockholder shall be entitled at 
any time to more than fifty votes; and any stockholder not 
personally attending such election or other regular meeting of 
the stockholders, and having a right to vote, may vote by proxy, 
Vote by proxy such proxy being granted to a stockholder present at such elec- 
tion or meeting; and in case it should so happen that an election 



rectors. 



Election. 



INCORPORATION LAWS OF ILLINOIS. 83 

of directors should not be made on any days when by this 
act it ought to have been made, it siiali and may be lawful for 
said company to make an election for directors on any other 
day, in such manner as may be provided for by the by-laws 
and ordinances of said corporation. 

Sec. 6. That the directors duly chosen under the provis- 
ions of this act shall, as soon as may be after the first and 
every annual election, elect from their own body a president, Election of 
who shall preside in the board until the next annual election ; P""®^^"^"'- 
and in case of his death, resignation, or absence, the board 
shall appoint a president joro tempore. They shall fill all the 
vacancies which may occur in their own body during the time 
for which they were elected, and shall appoint a secretary and 
all subordinate officers, clerks, agents, and servants of said 
corporation — fix their compensation, define their powers, and 
picscribe their duties — who shall hold their several offices dur- 
ing the pleasure of the board, under such regulations restric- 
tions, and limitations, not inconsistent with the provisions of 
this act and the by-laws, rules, and ordinances of said com- 
pany, as the directors for the time being shall prescribe. They 
shall make such by-laws and regulations for their own gov- 
ernment, and for the management and disposition of the stock, 
property, estate, funds, and business of said company, and all 
matters refering thereto, as shall be needful and proper, net 
contrary to the provisions of this act and the by-laws, rules, 
ordinances, and regulations adopted at any regular meeting or 
meetings of the stockholders. They shall hold stated meet- stated meet- 
ings agreeable to their own regulations, and at such times as i^gs- 
the president thereof for the time being shall order and direct, 
and a majority of the whole number shall constitute a quo- 
rum, and be competent to the transaction o^ business within 
the scope of their powers and connected with their duty; and all 
questions before the board shall be decided, viva voce, by a ma- Questions, 
jority of the directors present, any two of whom may require °^ *^" 
the yeas and nays to be taken on any proposition submitted, 
and eniered in the journal of their proceedings; and no vote 
shall be reconsidered by a less number than were present and 
voting when the original vote was taken. They shall, in the 
first week in December and June annually, make and declare 
such dividends of the profits resulting from the business as 
shall not impair or in anywise lessen the capital stock of the 
same, to be paid to the several stockholders: Provided^ That 
no such dividend shall be paid on any stock that has not been 
fully paid for, but shall be passed to the credit of such stock as 
part payment thereof. 

Sec. 7. That all policies of insurance which may be made Polices of 1»- 
or entered into by said corporation shall be subscribed by the^"""*^®* 
president or president p'o tempore^ or by such other officer as 
shall be designated for that purpose by its by-laws and attested 
by the secretary, ahd, being so signed and attested, shall be 
binding and obligatory on the said corporation, without the 



g| INCORPORATION LAWS OF ILLINOIS. 

seal thereof, according to the true intent and meaning thereof; 
and all sjich policies or contracts may b'; entered into and so 
signed and attested, and the business of the corporation may 
be carried on, without the presence of the boaid of directors, 
by the president and secretary, subject, nevertheless, to the by- 
laws, rules, ordinances, and regulations established by the 
Duty nf spc- jjQjjj.jj ^^ directors. It shall be the duty of the secretary, at 
** ^^^' cveiy annual election or other geneml meeting of the stock- 

holders, to lay before them a correct and particular statement 
of the condition and affairs of said company. 

Sec. 8. That the stock of said company shall be assignable 
Stock ii-ans- and transferable on the books ot the same, or otherwise, ac- 
ferable. (;t)rding to such rules and by-laws, and subject to such restric- 

tions and limitatii)ns, as may be established by the directors ; 
and all such stock fhall be held and considered as personal 
property. 

Sec. y. That any number of stockholders, who shall at 
the time be the owners of one-tenth part of the stock sold, 
General meet- shall have power to call a general meeting of the stockholders, 
^S' by giving two weeks* notice of the time and place of such 

meeting; and the stockholders, in person or by proxy, at any 
such meeting, shall decide all questions proposed tor consider- 
ation by a plurality of votes, and may make and prescribe 
such by-laws, ordinances, rules, and regulations as to them 
shall appear needful and proper in relation to the management 
of the affairs of [the] company, or for the government and 
direction of the officers thereof. 
Booksforsub- Sec. 10. That books for the subscription to the capital 
ecripiion, stock of said company shall be opened in the town of Chester, 
andlnr^whom "^y '^'^^ under the direction of Francis Swan wick, Gilbert 
Nettleton, William Rosborough, Francis S. Jones, and Joseph 
B. Holmes, who are hereby appointed commissioners for that 
purpose, whose duty it shall be, or any three of them, to give 
notice of the time and place of opening books for subscrip- 
tions, in some newspaper published in this Stale; and it shall 
be lawful for any individual, company, or body corporate to 
subscribe for an}^ number of shares; and such individuals, 
company, or body corporate shall, at the time of subscribing, 
pay one dollar on each sl>are so subscribed, (provided said 
commissioners require such payment:) and it shall be the duty 
of the commissioners, as soon as live hundred shares are sub- 
scribed, to give two weeks' notice, in some newspaper publish- 
ed in the State, of the time and place for the stockholders to 
meet and elect the first board of five directors; which elec- 
tion shall in all respects be governed by the provisions of this 
act for the election of directors; and the board of directors 
thus elected shall constitute the first board, and shall continue 
Proriso, in office until the next annual election: Provided, however. 

That, should the comn)issioners appointed under the provis- 
ions of this act, or any thr^e of them, deem it expedient, it 



I 



INCORPORATION LAWS OF ILLINOIS. 86 



shall be lawful for them, or any three of them, to change the 
manner and mole of receiving subscriptions for all or any 
part of said capital stock. 

Sbc. 11. Tliat as soon as the board of directors areelected 
as aforesaid, it shall be the duty of the commissioners to pay Woneys to be 
over to the said board of directors all moneys that may be in 'J?^'^ "''®'" '** 
their hands belonging to said company, and deliver over to 
them all books and papers belonging to the same; and it shall 
be the duty of the directors, before they proceed to make any 
policies of insurance, to demand and receive of each stock- 
holder the full amount of the stock by them respectively sub- 
scribed, which payment [toj be made either in cash or secured 
to be made by giving real or personal security to the satisfac- 
tion of the directors; and if any stockholder shall fail to make 
such payment, or give such security as aforesaid, within thirty 
days after the election for directors, such stockholder shall Forfeiture of 
forfeit to the company the amount paid on such stock at the stock, 
time of subscribing: Provided, That the said corporation Proviso 
shall not commence business, or grant any policies ol" insu- 
rance, until five hundred shares are subscribed and paid for, 
or secured to be paid as aforesaid, it being one-fouith of the 
capital stock. All the remaining balance of the stock shall 
be offered for sale at sucli time and place, and on such t^rms, 
as the directors for the time being may direct. 

Sec. \'i. That when said corporation shall have com- 
menced business as aforesaid, and shall grant any policy or 
policies of insurance on any kind of property, real or person- 
al, against loss or damage by fire, or any other cause, or risk 
on any goods, merchandize, or produce whatever, on the land 
or on the water, on any vessel or boats whatever, and where- 
evcr they may be, on life or lives, or shall loan any money 
on bottomry and respondentia, or shall become the under- 
writers of any foreign or domestic bill of exchange, bond, 
note, or obligation, it shall be lawful to charge such rate or 
premium or interest as may be agreed upon by the parties. 

Sec. 13. That whenever any property, real or personal, 
in which a policy may have been effected, shall be sold during 
the existence of the policy, it shall be lawful for the vendor or 
vendors to assign such policy to the vendee or vendees of such Policy may be 
property; and such assignee or assignees shall have the full assigned, 
benefit thereof: Provided, That, before any loss happen, Proviso, 
notice shall be given said company of said assignment: And 
provided, That said company, when so notified, shall be at 
liberty to return a rateable proportion of the premium, and 
thereupon be exonerated. 

Sec. 14. That whenever said corporation shall be notified 
of any loss sustained or incurred on any policy of insurance 
granted or issued by the same, it shall be the duty of said 
corporation to pay the amount so lost or incurred on such pol- 
icy within sixty day's after being so notified: Provided there proviso. 



86 INCORPORATION LAWS OF ILLINOIS. 

shall have been no violation of the condition of the policy on 
the part of the insured. 

Sec. 15. That the Legislature of this State shall never 
pass any law retarding, obstructing, staying, protracting, or 
in anywise suspending the collection of any debt or debts due 
the said corporation. 

Sec. 16. This act shall be in force fiom and after its 

Public act. passage, and shall be deemed and taken to be a public act» 

and shall be construed favorably for every beneficial purpose. 

Approved, February 19, 1839. 



In force, Feb. AN ACT to incorporate the Jefferson Institute. 

21, 1b39. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Cyrus Avery, 
William Ames, Dea May, Peter Payne, S. P. Hyde, Albert 
Stone, John W. Lawrence, Geo. T. Kasson, James Shinn, 
Alfred E. Ames, and their successors, be, and they are hereby, 
Bodj politic, constituted a body politic and corporate, to be known by the 
Name & style. ii'^^'Tfie of "The trustees of the Jefferson Institute," and by that 
Powers. name have perpetual succession, and have a common seal, 

with power to change the same at pleasure ; and may make 
by-laws for the regulation of the said institute, not inconsist- 
ent with the constitution and laws of the United States or of 
the State of Illinois: and may confer, on such persons as may 
be considered worthy, such collegiate or honorary degrees as 
are usually conferred by similar institutions. 

Sec 2. That the said trustees shall be authorized to exer- 
cise all powers and privileges that are enjoyed by the trus- 
tees of any seminary, college, or university in this State, not 
herein limited or otherwise directed. 
First meeting. Sec. 3. That the said trustees shall hold their first stated 
meeting at the town of Amesville, in the county of Boone, 
on the first Monday of June next, or so soon thereafter as 
may be convenient, and they, or a majority of them, shall, as 
soon as they think proper, fix upon a place, in township 44 
Locatiou. north, range 4 east, of the third principal meridian, for a per- 
manent seat for said institution, and proceed to erect buildings 
thereon as soon as convenient, and the interest of the said in- 
stitution may require. 
Further pow- Sec. 4. The said trustees, or their successors, by the name 
*^*' aforesaid, may sue and be sued, plead and be impleaded, in 

any court of law or equity in this State; and shall be capable, 
in law, to purchase, receive, and hold, to themselves and their 
successors, for the use and benefit of said institution, any 
lands, tenements, or rents, goods and chattels, of what kind 
soever, which shall be given or devised to, or purchased by, 
them for the use o.f the Jeflerson Institutue. 



\ 



INCORPORATION LAWS OF ILLINOIS. 87 

Sec. 5. Eight members shall be sufficient to constitute a Quorum, 
board for the transaction of all business respecting the said 
institution, excepting those cases particularly excepted: Pro- 
videdy in case a sufficient number of members do not attend 
to constitute a board at any meeting, those who do attend 
may adjourn sine die, or to any day thereafter, or next stated Adjournment, 
meeting. 

Sec. 6. The assent of the majority of the whole number 
of the trustees shall be necessary to perform the following 
business: To elect and fix the salary of the president; to fix 
upon the permanent seat of the institute ; to alienate, sell, or 
convey any lands, tenements, or rents belonging to said insti- 
tute. 

Sec. 7. The trustees shall elect a president, treasurer, and President and 
clerk to their own body, and so many professors, trustees, or ^'■^^^"'■^'■• 
masters as may be necessary; and upon the death, resignation, 
or legal disability of any of the trustees, president, or other 
officers of the said institute, the board of trustees shall supply 
the vacancy by ballot. 

Sec. 8. The president and other officers of the said insti- 
tute shall be subject to the direction of the board of trustees, 
and continue in office during good behaviour. The treasurer 
of said institution always, and all other agents when required 
by the trustees, before entering upon the dutie? of their ap- 
pointments, shall give bonds for the security of the corpora- Bond. 
tion, in such penal sum and with such security as the board 
of trustees shall approve ; and all process against the said cor- Process, 
poration shall be by summons, and service of the same shall 
be by leaving one attested copy with the treasurer of the insti- 
tute at least thirty days before the return day thereof. 

Sec. 9. The said institution and their prepa^;atory depart- 
ment shall be open to all denominations of christians, and the 
profession of any religious faith shall not be required of those 
who become students; all persons, however, may be expelled, 
or suspended, from said institution, whose habits are idle or 
vicious, or whose moral character is bad. 

Sec. 10. The president of the board of trustees shall have „ . , _,. 

/• 11 11-1 • r 1 • 1 1 • Special meet- 

full power to call special meetnigs oi the said trustees, and it ings. * 

shall be his duty, upon the request of three of them, to do the 
same; but upon any called meeting, ten days' general notice 
shall be given by the president previous to the meeting. 

Sec. 11. The trustees of the corporation shall have au- 
thority from time to time to prescribe and regulate the course of Course of 
studies to be pursued in said institute, and in the preparatory studies. 
department attached thereto; to fix the rate of luition, room- 
rent, and other, expenses ; to appoint instructors and such 
other officers and agents as shall or maybe needed in managing 
the concerns of the institution; to define their powers, duties, 
and employments; to fix their compensation; to displace and 
remove either of the instructors, officers, and agents ; to erect 
the necessary buildings; to purchase books and chemical and 



68 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 



Proviso. 



philosophical apparatus, and other suitable means of instruc- 
tion; to put in operation a system of manual labor for the 
purpose of lessening the expenses of education, and promoting 
the health of the students; to make rules for the general man- 
agement of the affairs of the institution, and for the regulation 
of the conduct of the students ; and to add, as the ability of 
the said corporation shall increase, and the interest of the 
cotnmunity shall require, additional departments for the study 
of any or all the liberal professions: Provided, however, That 
nothing herein contained shall authorize the establishment of 
a theological department in said institution. 
No. of trustees Sec. 12. The number of said trustees shall not exceed 
thirteen, eight of whom shall reside in the township aforesaid. 

Sec. 13. The trustees shall have power to supply any va- 
cancies which may occur in their body, and remove any mem- 
ber from the same for dishonorable or criminal conduct: Pro- 
vided the member implicated shall have opportunity to defend 
himself before the board, and two-thirds of the whole number 
of the trustees concur in the removal. 

Sec. 14. The lands and tenements to be held in perpetui- 
ty* by virtue of this act, shall not exceed six hundred and forty 
acres: Provided, however, That, if any donation, grant, or 
devise in land shall, from time to time, be made to said corpo- 
ration, over and above the six hundred and forty acres held in 
perpetuity as aforesaid, the same may be received and held by 
said corporation for the period of six years from the <late of 
any such donation, grant, or devise; at the expiration of which 
time, if the said lands be not sold by the said corporation, 
then the said lands so donated, granted, or devised, shall revert 
to the original donor or grantor, or to the heirs of said devisor 
of the same. 

Sec. 15. This act shall be in force from and after its passage. 

Approved, February 21, 1839. 



Proviso. 



lu I'orce, Feb. 
19, 1839. 



AN ACT to incorporate the Union Agricultural Society. 



Sec 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly, That all persons who 
Body politic, shall become stockholders pursuant to this act are hereby 
Name & style, constitutad a body corporate and politic, by the name of "The 
Union Agricultural Society;" and from and after the passage 
of this act, by that name, they and their successors shall and 
may hereafter have succession, and shall, in law, be 
capable of suing and being sued, pleading and being impleaded, 
answer and being answered, in all courts and places what- 
soever; which incorporction is for the sole purposes of in- 
struction in science and improvement, in scientific and prac- 
tical agriculture, and the mechanical arts, in the counties of 
La Salle, Will, Cook, McHenry, and Kane. 



INCORPORATION LAWS OF ILLINOIS. 89 

Sec. 2. The capital stock of said company shall be ten Capital stock, 
thousand dollars, with the privilege of increasing it to thirty 
thousand dollars, to be divided into shares of ten dollars each, 
which shall be considered as personal property, and be assign- 
able in such manner as the said corporation may in its by-laws 
from time to time provide; which said capital stock shall be 
exclusively devoted to the purposes and objects of said cor- 
poration as declared in the first section of this act, and to no 
other purposes or objects whatever; and to the same end, the 
said corporation shall have power to take, hold, and convey 
real estate, and other property, to the amount of its capital. 
Sec. 3 Said corporation shall have power, by its trustees, 
or a majority of them present at any regularly called meeting, ^■''^''•* 
to make by-laws for its own government; for the promotion 
of the aforesaid objects or any one of them ; for the establish- 
ment of agricultural fair-shows; for the awarding of premiums, 
and for the raising of funds therefor; for fixing the amount 
of capital stock from time to time to be called in, and the 
time or times for calling in the same ; and generally for any 
other purpose or purposes pertaining to the objects of the 
corporation, and not inconsistent with this act or with the 
laws or constitution of this State, or with the constitution of 
the United States. 

Sec. 4. Levi Hills and B. H. Moores, of La Salle county, 
Cornelius C. Van Horn and Holder Sisson, of Will county, 
Lewis Ellsworth and John S. Wright, of Cook, William Jack- 
son and Seth Washburn, of McHenry, General McClure and 
John R. Livingston, of Kane county, shall be commissioners Commission- 
to receive subscriptions for and distribute said capital stock e" to receive 
for said corporation. subscnption. 

S^c. 5. Said commissioners, or a majority of them, shall. Time of open- 
within ninety days after the passage of this act, open a sub-i^^g books, 
scription book for said stock, at such times and places as they 
shall appoint; and they shall give at least fourteen days' pre- 
vious notice thereof in at least two of the public newspapers 
printed in said counties. Said commissioners shall have power 
to appoint committees for such towns or settlements in said 
counties as they, or a majority of them, may deem expedient, 
for taking up subscriptions to said stock. 

Sec. 6. Five per cent, on each share subscribed for shall Per_ cent, on 
be paid to said commissioners, or to said committees by them capital stock. 
to be appointed as aforesaid, at the time ol making such sub- 
scription ; and the remainder of said capital stock so subscribed 
as aforesaid shall be paid in, in such sum or sums, and at such 
time or times, as may be provided for and directed by the 
by-laws of said corporation ; but not more than fifty per cent. 
of the stock so subscribed shall be called for in any one year, 
without the unanimous consent of all the holders of said stock. 

Sec. 7. If the whole capital stock of said incorporation If stock ia not 
be not taken up al the first subscription thereto, said commis-** "" *°" ® 
sioners, or a majority of them, or the committees by them 



90 INCORPORATION LAWS OF ILLINOIS. 

to be appointed as aforesaid, may receive subscriptions thereto, 
from time to time, until the whole capital stock shall be taken 
up; and said commissioners, or a majority of them, shall, 
within one year after the passage of this act, proceed to dis- 
tribute the capital stock of the corporation among the sub- 
scribers thereto; and in case there should be subscriptions to 
more than the amount of said stock, within said year, it shall 
Apportion- bc the duty of said commissioners to apportion the same 
°'®°'° among the subscribers thereto, in such manner as they may 
deem most advantageous to the interests of said corporation, 
and as best calculated to promote its objects. 

Sec. 8. In case said stock be not all taken up in within 
one year from the passage of this act, the duties of said com- 
missioners shall cease, and the trustees of said corporation, 
or a quorum thereof, may thereafter receive subscriptions to 
said stock , from time to time, until the whole shall be sub- 
scribed. 
Concerns Sec. 9. The stock, property, and concerns of said corpo- 

managed ^by nation shall be managed by fifty trustees, ten being residents 
' of each of the aforesaid counties, who shall be stockholders 
of said corporation, and any five of whom, to be designated 
by a mijority of the trustees, shall form a quorum for the 
transaction of all ordinary business of said corporation; 
which election shall be annually. 
First trustees. Sec. 10. Abraham Holderman, Levi Hills, Joshua Collins, 
Salmon Rutherford, S. S.Bullock, David Shaver, B. H. Moores, 
S. Delano, Benjamin B. Reynolds, and Henry Green, of La 
Salle county; Holder Sisson, Calvin Rowley, J. A. Gooding, 
William Smith, Wm. B. Peck, Reuben Beach, John Blackstone, 
Charles Reed, Cornelius C. Van Horn, and John Dean Caton, 
of Will county; William B. Ogden, Joseph Napier, Socrates 
Rand, E. Peck, Lewis Ellsworth, Seth Johnson, William P. 
Caton, Robert A. Kinzie, Russcl Whipple, and JohnS. Wright, 
of Cook county ; Isaac Hicox, Matthias Mason, Arthur Pat- 
terson, Mr. Bartlett, J. G. Ragan, William Jackson, Seth 
Washburn, Joseph Wickham, Tiba S. Beardsley, and Willard 
Jones, of McHenry county; General McClure, James T. 
Giflford, Collon Knox, Rice Fay, Ira Minard, Isaac Wilson, 
John R. Livingston, R C. Horr, Mr. Risk, and Joel McKee, 
of Kane county, shall be the first trustees of said corpora- 
tion, and shall hold their offices until the last Wednesday in 
December, A. D. 1839, and until others shall be elected in 
their places. 
^lri»rf ^°^ ^^^* ^^' The trustees for said corporation, for every sub- 
sequent year sl^all be elected on the last Wednesday in Decem- 
ber in each and every year, at such hour of the day, and at 
such place, as the trustees for the time being shall appoint; 
and of which they shall give at least fourteen days' previous 
notice, by advertisement to be inserted in at least two of the 
public newspapers published in said counties. 



trustees. 



INCORPORATION LAWS OF ILLINOIS. 91 

f Sec. 12. At every election of trustees, each stockholder 0°® ^o'e fo*" 
shall be entitled to one vote on each share of stock owned by «*ch»har«. 
him, and which he shall have held for at least fourteen days 
next preceding such election ; and such vote or votes may be 
given by such stockholder in person, or by authorizing any 
other stockholder, in writing, to give the vote or votes for 
him to which he may be entitled. 

Sec. 13. All elections for trustees shall be held under the 
inspection of three stockholders, not being trustees, to be 
appointed, previous to every election, by the board of trustees 
for the time being; and such election shall be by ballot, and 
by plurality of votes of the stockholders or their proxies there 
present; and those fifty persons who shall receive the greatest 
number of votes, ten of them being residents of each of the 
aforesaid counties, shall be the trustees of said corporation ; 
and if, at any such election for trustees, two or more persons 
fron^ a county shall have an equal number of votes, then the 
trustees who shall have been duly elected shall proceed, by 
ballot, and by plurality of votes to determine which of said 
persons, so having an equal number of votes, shall be the 
trustee or trustees, so as to complete the whole number of 

fifty. 

Sec. 14. If any trustee of said corporation shall cease to 
be a stockholder thereof, or shall remove out of the county 
from which he was elected, his office shall thereby become 
vacant; and whenever any vacancy shall happen among the Vacancies, 
trustees, such vacancy shall be filled for the remainder of the 
year in which it shall so happen, by such person, possessing 
the qualifications above required for trustee of this corpora- 
tion, as the remaining trustees for the time being, or a majo- 
rity of them present, shall appoint: Provided such trus- 
tee thus appointed shall be a resident of the county in the 
representation of which such vacancy shall have occurred. 

Sec. 15. The trustees of said corporation, as soon as may 
be after their appointment or election under this act, shall in 
like manner proceed to elect of their number a president, Preddem. 
five;yice presidents, (one being a resident of each of the Vice pred- 
aforesaid counties,) a treasurer, a recording secretary, and a secretaries, 
corresponding secretary ; which election shall be by ballot 
and by plurality of votes of the trustees or their proxies 
then present, who shall respectively hold their offices for one 
year, and until others shall be elected in their places; the 
notice of which election shall this year be given by the com- 
missioners appointed in the fourth section of this act, and 
each and every year hereafter as may be provided in the by- 
laws of said corporation ; and the trustees shall also appoint 
such professors, agents, and other persons as may be necessary 
to conduct the proper business, and accomplish the declared 
objects of said corporation ; and may adopt a common seal 
for the same, and establish by-laws for the government thereof, 
pursuant to the provisions of the third section of this act 



92 INCORPORATION LAWS OF ILLINOIS. 

Meeting of Sec. 16. The president, or a majority of the vice presi- 
Btockholdere. dents, may call a meeting of the stockholders or trustees, 
when it may be necessary to the welfare of this society, by 
giving public notice thereof, at least fourteen days previous 
to the time appointed for such meeting, in at least two of the 
public newspapers published in said counties; and a majority 
of the stockholders or trustees, or their proxies then present at 
any such meeting of the stockholders or trustees, as the meet- 
ing may be of stockholders or trustees, shall govern in all 
matters, provided for in this act. 

Sec. 17. Whenever a sufficient amount of stock of said 
corporation shall have been subscribed and paid in as afore- 
said, the trustees shall, as soon as may be thereafter, proceed 
May purchase to the purchase of a pattern or experimental farm, of such 
"• size as tney may deem most advantageous for the institution, 

but containing not less than one hundred and sixty acres of 
land, and not more than six hundred and forty, to be located 
in one of said counties, as the trustees shall direct. Said 
trustees may expend a portion of the stock or funds of said 
corporation in the improvement of said farm; in stocking the 
same; in the erection thereon of suitable buildings; in the 
establishment, at their discretion, of an agricultural school; 
in the employment of teachers and professors, and in the 
purchase of apparatus for the same ; and said trustees shall 
have power to make by-laws for the government of said 
school, and generally to make all such other arrangements as 
may be proper for the benefit of said corporation, and the 
accomplishment of its objects. 

Sec. 18. That any share or shares of stock, which may 
Shares shall ^® ^^^^ ^^ owned by any member of this corporation at the 
not vest in time of his death, shall nbt vest in the heirs or legal represen- 
heirs, but be tatives of any such member, but the same shall be sold, at 
public auction, to the highest bidder, after four weeks' public 
notice thereof, in such manner as the trustees of said corpora- 
tion ma^' direct; and the proceeds of such shares, after the 
same shall have been sold, shall be paid over to the heirs or 
legal representatives of sQch deceased stockholder. 
Approved, February 19, 1839. 



In force, Feb. AN ACT to amend an act,. entitled "An act to incorporate the Jo 
19, 1839. Daviess Marine and Fire Insurance Conipany. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly^ That John Atchison, 

Daniel Wann, T. B. Farnsworth, H. H. Gear, Thomas Mel- 

Commisaion- ville, F. Stake, and William 0. Bostwick, are hereby appoint- 

intend sub-^"®^ commissioners for superintending subscription to the 

•cription. capital stock of said company; and the said commissioners 



I 



INCORPORATION LAWS OF ILLINOIS. ^ 

shall open one or more subscription books for said stock in the 
town of Galena, on the first Monday in May, 1839. 

Sec. 2. The election of the directors of said company shall Election of 
be conducted as heretofore provided, and shall hold their directora. 
offices until the first Monday in May, 1840, and until others 
are elected in their stead ; and the directors for every subse- 
quent year shall be elected on the first Monday in May. 

Sec. 3. The charter of the said company hereby amended Charter void 
shall be void, and of no effect, unless the stock shall be sub- unleaa. 
scribed, and the company commence operations, within two 
years after the pas<:age of this act; and the twenty-second 
section of the act to which this is amendatory, as well as 
every other part of said act conflicting herewith, is hereby 
repealed. 

Approved, February 19, 1839. 



AN ACT to incorporate the Mount Carmel Female Seminary. in force Feb. 

23, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
reprtsented in the General Assemlly, That Joshua Beall, 
Lyman J. Smith, Powhattan H. Bagwell, William Eldridge, 
and William T. Page, and their successors, be, and they are 
hereby, created a body politic and corporate, to be styled 
"The trustees of the Mount Carmel Female Seminary," and Name & style, 
in that name to remain in perpetual succession, with power 
to sue and be sued, plead and be impleaded ; to acquir<*, hold, 
and convey property, real and personal ; to have and use a 
common seal, to alter the same at jaleasure; to make and alter, 
from time to time, such by-laws as th^ may deem necessary 
for the government of said institution, its officers, and servants: 
Provided such by-laws be not ingonsistent with the constitu- 
tion and laws of ihe United States or of this State. 

Sec. 2. The trustees, whose number shall notexceed seven. Number of 
shall have power to fill the remaining vacancies, qnd such trustees, 
other vacancies as may occur in their own body by death, y^j,j^„pjgg 
resignation, or otherwise, and shall hold the property of the 
said institution solely for the purposes of female education, 
and not as a stock for individual benefit of themselves, or of 
any contributor to the endowment of the same; and no par- 
ticular religious faith shall be required of those who become 
trustees or students of the institution. 

Sec. 3. Said seminary shall remain located in Mount Location. 
Carmel, in the rx)unty of Wabash; and the said trustees shall 
be-competent, in law and in equity, to take to themselves and 
their successors in office, in their said corporate name, any 
estate, real, personal, or mixed, by the gift, grant, bargain, 
and sale, conveyance, will, devise, or bequest, of any person 
or persons whomsoever; and the same estate, whether real or 
personal, to grant, bargain, sell, convey, demise, let, place out 



94 



INCORPORATION LAWS OF ILLINOIS. 



on interest, or otherwise dispose of, for the use of said insti- 
tution, in such manner as shall seem to them most beneficial 
to the institution. Said trustees shall faithfully apply all funds 
collected, or the proceeds, according to their best judgment, 
in erecting and completing suitable buildings, supporting the 
necessary officers, instructors, and servants, and procuring 
books, maps, charts, globes, philosophical and other apparatus 
necessary to the success of said establishment: Provided, 

Proviso. nevertheless, That, in cdse any donation, devise, or bequest 
shall be made for particular purposes accordant with the 
design of this institution, and the corporation shall accept the 
same, every donation, devise, or bequest shall be applied in 
conformity with the express conditions of the donor or 
devisor. 

Sec. 4. The trustees of the institution always, and all 

OfficerstogiveO^her agents when required, before entering on the duties of 

bond. their appointment, shall give bonds for the security of the 

corporation, in such penal sums, and with such securities as 
the board of trustees shall approve. 

Sec. 5. The trustees shall have power to employe and ap- 
point a principal for said institution, and all such instructors 
and instructresses, and also such servants, as maybe necessary, 
and shall have power to displace any or either of them, as 
they may deem the interest of the institution to require; to 
fill vacancies which may happen by death, resignation, or 
otherwise, among said officers and servants; and to prescribe 
and direct the course of study to be pursued in said institu- 
tion. * 

Sec. 6. The lands within the bounds of this State, held in 

Lands held. Perpetuity by this charter, shall not exceed twenty-five acres 
held at one time; and if donations in land be made at any 
time to said corporation, the same may be received and held in 
trust by said board of trustees, and shall be sold within 
three years from the date title of said land is perfected to §aid 
board of trustees, for the benefit of said institution; in failure 
whereof the lands so given shall revert to the donor or 
grantor of the same. 

Sec. 7. All process against the corporation shall be by 
summons, and the service of the same shall be by leaving an 
attested copy thereof with the treasurer at least thirty days 
before the return day thereof. 

Sec. 8. If at any time the corporation shall act contrary 
to the provisions of this act, or shall in any manner abuse the 
powers herein granted, it shall be the duty of the State's attor- 
ney for the judicial circuit in whichsaid attorney [seminary] is 
situated, to file an information, in the nature oiaquo warranto, 
for the purpose of vacating and annulling this actand the powers 
herein granted : Provided, nevertheless, That, upon the annul- 
ling of said act as aforesaid, all the real and personal property 
of each of the trustees who shall have abused the powers as 



Process. 



Proviso. 



INCORPORATION LAWS OF ILLINOIS. 95 

aforesaid shall be bound lor the payment of all contracts 
which they have entered into for said institution. 
Approved, February 23, 1839. 



AN ACT Buppleinentary to "An act to incorporate the Alton IVIariae and In force, Mar. 

Fire Insurance Company. 4, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That, from and after 
the passage of this act, the said company shall have full pow- 
er to make insurance on lives by sea or by land, and to ron- Powers, 
tract for reversionary payments; to receive money on depos- 
ite, and allow interest therefor; and generally to make all 
kinds of contracts in which the casualities of life or the inter- 
est of money are principally mvolved; and to make, execute, 
and perfect such, or so many contracts, bargains, agreements, 
policies or other instruments as shall or may be necessary, and 
as the nature of the case may require ; and the funds so received 
may be invested in such manner as the directors of said com- 
pany may deem most advantageous: Provided, That only the Proviso, 
capital stock of the company shall be liable for losses by in- 
surance: Provided, further, That nothing in this, or the act Further pro- 
to which this is supplementary, shall be construed to confer ^^^^• 
upon said company any power to purchase bills of exchange, 
or loan money at a higher rate of interest than eight per cen- 
tum, after said company shall have increased their capital 
stock as hereinafter provided for; nor to confer any powers 
which individuals may not exercise under the laws of this 
State. 

Sec. 2. The said act to which this is supplementary, and Acta to be in 
all acts supplementary thereto, shall be and continue in ^o^^^- 
force for the term of forty years; and at any time during said 
term, the capital stock of said company may be increased to 
any sum not exceeding five hundred thousand dollars, in the 
same manner that is now provided in the act to which this is 
supplementary. 

Sec. 3. This act shall take effect and be in force from and Tijne pj'^^ct^ 
after the filing, in the office of the Secretary of State, a cer- "°^^" "'■*^®- 
tificate of said company setting forth their approval and ac- 
ceptance of the provisions of this act, and not before. 

This bill having remained with the Council of Revision ten days, and Certificate of 
the General Assembly being in session, it has become a law this 4th day of Sec. of State. 
March, 1839. 

A. P. FIELD, Secretary of State 



96 INCORPORATION LAWS OF ILLINOIS. 

In force, Feb. AN ACT to incorporate Kane College. 

21, lti39. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assemtly, That John Pearson, 
James H. Collins, Joseph Naper, Warren Smith,Harry Board- 
man, James T. GifFord, George McClure, Allen P. Hubbard, 
Huch C. Gibson, Henry A. Miller, David Dunham, and Caleb 
A. Buckingham, and their successors, be,and they are hereby, 
Bodypoliiic. created a body politic and corporate, to be styled and known 
Name &. style, by the name of "The trustees of Kane College," and by that 
style and name to remain and have perpetual succession. 
Location. The said college shall remain located at or near Geneva, in 
Number of Kane county. The number of trustees shall not exceed 
trustees. fifteen, exclusive of the president, principal, or presiding officer 
of the college, who shall, ex officio, be a member of the board 
of trustees. No other instructor shall be a member of the board 
of trustees. For the present the abovenamed individuals 
shall constitute the board of trustees, and shall fill the remain- 
Act referred ing vacancies at their discretion. 

*«>• Sec. 2. All the provisions of an act, entitled "An act to 

incorporate the colleges therein named," approved February 
9, 1.835, from the fifth to the twelfth sections, inclusive, are 
hereby re-enacted in favor of the corporation created by this 
act, and shall have the same force and eflfect, with respect 
First meeting, thereto, as if herein particularly enumerated and set forth. 

Sec. 3. The first meeting of the said trustees shall be at 

said Geneva, at such time, within three years from and after 

the passage of this act, as the three persons last mentioned in 

the first section of this act shall direct, they causing at least 

ten days' notice of such meeting to be given to the other 

trustees. 

Institntion for ^^^* '^' "^^^ ^aid trustees are authorized to establish and 

female educa- maintain, at said Geneva, an institution for the purposes of 

lion. female education, either separately or in connection with the 

preparatory department of isaid college. Nothing in this act 

contained shall be so construed as to require the said trustees 

to put into operation any of the various departments of the 

said college until, in their opinion, the public convenience and 

necessity require, and ihe state of the funds of the said cor- 

poraiion shall authorize the necessary expenditures. 

Forfeiture of Sec. 5. If at any time the corporation hereby created 

charter. shall act contrary to the provisions of this act, or shall in any 

manner abuse the powers herein granted, it shall be the duty 

of the State's attorney within whose circuit the said college 

shall be located, to file an information, in the nature of a quo 

warranto, for the purpose of vacating and annulling this act 

and the powert: herein granted. 

Sec. 6. This act is hereby declared a public act, and shall 
take effect from and after its passage. 
Approved, February 21, lb39. 



INCORPORATION LAWS OF ILLINOIS. 97 

AN ACT to incorporate the Elgin Academy. In force, Feb. 

22, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois f 
represented in the General Assembly, That Solomon Hamil- 
ton, Cotton Knox, George McClure, Vincent S. Lovell, Lu- 
ther Herrick, Reuben Jenne, and Burgess Trussdeli, be, and 
[they] are hereby, created a body corporate and politic, by the 
name and style of "The trustees of the Elgin Academy," and Name &, style. 
by that style and name to have perpetual succession ; the said 
institution being designed to promote the cause of education 
and improvement in literature, and to be located at or near 
the town of Elgin, in Kane county. 

Sec. 2. The corporation hereby created shall have power Powers. 
to make contracts; to sue and be sued ; to plead and be im- 
pleaded ; to grant and receive by its corporate name, and pur- 
chase and sell property, real and personal, in all lawful ways; 
to manage and dispose of the same; may have a common seal; 
and may make by-laws for its regulation, not inconsistent with 
the constitution and laws of the United States or of the State 
of Illinois. 

Sec. 3. The said institution may, whenever it shall be 
deemed expedient by the board of trustees, connect manual Manuallabor. 
labor with literary instruction, by agriculture or mechanical 
operations; and, for that purpose, may hold land not exceed- 
ing one hundred and sixty acres. 

Sec. 4. A majority of the trustees shall form a quorum to Quorum. 
do business, and shall have authority, from lime to time, to 
prescribe the course of studies to be pursued, the amount of 
labor to be required of the pupils; to fix the rate of tuition, 
and other academic expenses; to appoint a preceptor and such 
Dther officers and assistants as they may consider the inter- 
est of the institution requires. 

Sec. 5. The trustees shall have authority to connect with Female de- 
said institution a female department; to appoint or employ partment. 
1 principal and assistant instructress ; and may connect with 
it such operations of suitable female labor as they may deem 
idvisable to conduct it on the manual labor principle. 

Sec. 6. Two-thirds of the board of trustees for the time Vacancies, 
being may at any time add to the number of the board, fill ^low filled. 
my vacancy which may occur in their number from death, 
'emoval, resignation or otherwise: Provided, That the board 
jhall at no time exceed ten in number. 

Sec. 7. The said institution shall be open to all religious 
ienominations, and the profession of no particular religious 
faith shall be required either of officers or pupils. 

Sec. 8. This act shall be in force from and after its pas- 
sage. 

Approved, February 22, 1839. 

6 



9g INCORPORATTION LAWS OF ILLINOIS. 

In force, Feb. AN ACT to incorporate the Warsaw Railroad Company, 

26, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Daniel S. Witter, 
Calvin A. Warren, John R.Wilcox, John Montague, William 
D. Abernalhy, Joel Catlin, Isaac N. Morris, David W. 
Mathews, and Mark Aldrich, and their associates, successors. 
Body politic, and assigns, are hereby created a body corporate and politic, 
Name &. style, under the name and style of "The Warsaw Railroad Compa- 
Forfifty years, ny," for the term of fifty years, and by that name may be, and 
hereby are, made capable, in law and in equity, to sue and be 
sued, plead and be impleaded, defeud and be defended, in any 
court or courts of record, or in any other place; to make, 
have, and use a common seal, and the same to renew and al- 
ter at pleasure; and shall be, and are hereby, vested with all the 
-Powers. powers, privileges, and immunities which are or may be neces- 

sary to carry into effect the purposes and objects of this act as 
hereinafter set forth; and the said company are hereby author- 
ized and empowered to locate, construct, and finally complete a 
railroad from the south line of the northeast quarter of section 
seventeen, on the Mississippi river, in township number four, 
north of the base line, and range number nine, west of the 
fourth principal meridian, to intersect the Peoria and War- 
saw railroad, at its termination on the Mississippi river, upon 
the most eligible and proper route; and for this purpose said 
company are authorized to lay out their said road wide enough 
for a single or double track through the whole length; and, for 
the purpose of cutting, embankments, stone, and gravel, may 
take as much more land as may be necessary for the proper 
construction and security of said railroad : Prvided all dama- 
ges that may be occasioned to any person or corporation, by 
taking off such lands or materials for the purposes aforeaid, 
shall be paid for by the company in the manner hereinafter 
provided, 
(•apiial stock, Sec. "2. The capital stock of said company shall consist of 
twenty thousand dollars, to be divided into shares of one hun- 
dred dollars each. The immediate government and direction 
of said company shall be vested in five directors, who shall be 
chosen by the stockholders of said company, in the man- 
ner hereinafter provided, who shall hold their offices for 
one year after their election, and until others shall be 
duly elected and qualified to take their places as directors; 
and the said directors, a majority of whom shall form 
a quorum for the transaction of business, shall elect one 
of their own number to be president of the board, who shall 
also be the president of the company. The said directors 
shall have power to supply any vacancy which may occur in 
the office of president, or m their own body, and shall also 
have power to choose and appoint such other officers and 
agents, to conduct and prosecute the business of said corpo- 
ration, as they shall deem necessary; and the president and 



[ 



INCORPORATION LAWS OF ILLINOIS. 99 



directors thus appointed shall hold the office until the next 
annual election of such officers. 

Sec. 3 The said corporation is hereby authorized, by their 
agents, surveyors, and engineers, to cause such examinations Examlnan'ons 
and burveys to be made of the ground and country between and surveys, 
the two points mentioned in the first section of this bill as 
shall be neeessary to determine the most advantageous route 
for the proper line or course whereon to construct their said 
railroad; and it shall be lawful for the said corporation to en- 
ter upon, and take possession of, and use all such lands and 
real estate as may be necessary for the construction and main- 
tenance of their said railroad and the accommodations re- 
quisite and appertaining to the same ; and may also hold all Hold lands, 
such lands as they may purchase, or receive in any manner, 
for the necessary purposes of said road: Provided^ That all Process, 
lands and real estate entered upon and taken possession of, 
and used by said corporation, for the purposes and accommo- 
dation of the said railroad, or upon which the site for the said 
railroad shall have been located or determined by the said cor- 
poration, shall be paid for by the said corporation in damages, 
if any be sustained by the owner or owners thereof by the 
use of the same for the purposes of said railroad; which dama- 
ges shall be ascertained in the same manner that damages arc 
now ascertained in the case of public roads running through 
the lands of individuals, some one of the directors acting in 
the stead of the supervisor in the general road law. 

Sec. 4. If any person shall wilfully, maliciously, or wan- Injury done 
tonly, and conirary to law, obstruct the passage of any car *° ''°^"' 
on said railroad, or any part thereof, or any thing belonging 
thereto, or shall damage, break, or destroy any part of the 
said railroad, or implements, or buildings, he, she, or they, or 
any person assisting, shall forfeit and pay to said company, 
for every such offence, treble the amount of damages that Penalty, 
shall be proved before any court competent to try the same, 
to be sued for in the name and behalf of said company; and 
such offender or offenders shall be deemed guilty of a misde- 
meanor and shall be liable to an indictment, in the same man- Liable 10 io- 
ner as other indictments are found in any county or counties f^^ctment. 
where such offences shall have been committed; and, upon 
such conviction, every such offender shall be liable to a fine 
not exceeding five thousand dollars, for the use of such county 
where such indictment may be ibund. 

Sec. 5. The time of holding the annual meetings of said Annual meet- 
company for the election of directors shall be fixed and deter- '"=' 
mined by the by-laws of said company; and at all meetings 
I each stockholder shall bs entitled to vote in person, or by law- 
ful proxy, one vote for each share he, she, or they, may hold 
bonajide in said stock. 

Sec. 6. Daniel S. Witter, Calvin A. Warren, John R. CommissioD- 
Wilcox, and David W. Mathews, are hereby appointed com- g^bs^ri^pd^" 
oiissioners to open subscription books for the stock of said com- 



100 



INCORPORATION LAWS OF ILLINOIS. 

pany; and said commissioners, or a majority of them, are hereby i 
authorized to open. subscription books i'orsaid stock, at such pla- \ 
„ . ces as they may deem proper, and shall give at least thirty days* i 

^°^^^ notice, of the time and place when and where such books will be « 

opened, in the State paper printed at the seat of Government, I 
and shall keep said books open at least five days, unless the j 
whole amount of capital stock shall be subscribed sooner than i 
said five days; and they shall require each subscriber to pay i 
five dollars on each share subscribed at the time of subscrib- j 
ing; and at the expiration of said five days, or sooner if said | 
capital stock shall be subscribed, the said commissioners shall I 
cause a meeting of the stockholders by giving ten days' notice i 
in some newspaper printed in the county or counties where i 
said stock was subscribed, or in some newspaper printed at \ 
the seat [of] Government; and at such meeting, it shall be law- | 
ful to elect the directors of said company; and when the di- 
rectors of said company are chosen, the said commissioners 
shall deliver said subscription books, together with all sums of 
money received by them as such commissioners, to said di- 
rectors: Provided, That no person shall be a director unless 
he shall own at least five shares of the capital stock. Said 
May borrow corporation is hereby authorized to borrow any sum of money 
money. j^^^^ exceeding their capital stock, and to make all such con- 

tracts as said corporation may deem necessary to carry into 
effect the powers and privileges hereby granted: Provided, , 
That they shall not issue any drafts or checks, or other instru- 
ments, to be used as circulating medium. 
Right of way. Sec. 7. That the right of way, and the real estate pur- 
chased for the right of way by said company, whether by 
mutual agreement between the said corporation and the owner 
or owners of such land or real estate, or which shall become 
the property of said corporation by operation of law, as in 
this act is provided, shall, upon the payment of the amount 
of money belonging to the owner or owners of such lands 
as a compensation for the same, become the property of said 
corporation absolutely and in fee simple. 
Right of Le- Sec. 8. The Legislature reserves to itself the right topur- 
gifllature. chase the stock of said corporation, at any time afier twenty 
years from the passage of ihis act, by paying to said compa- 
ny thti value of said railroad, fixtures, cars, and other appa- 
ratus necessary for carrying on the business of said corpora- 
tion; and for the purpose of ascertaining the value thereof, 
the Legislature may appoint two or more commissioners, who 
shall proceed to ascertain, by inspection and the oath of wit- 
nesses, the actual value of the said railroad, fixtuies, cars, and 
apparatus as aforesaid. The corporation may take and trans- 
port upon the said railroad any person or persons, merchan- 
dize or other property, by the force and power of steam, or 
animals, or any combination of them ; and may fix, establish, 
take, and receive such rates of toll, for all passengers, and 



[ 



INCORPORATION LAWS OF ILLINOIS. jqi 

property transported upon the same, as the said directors shall 
from time to time establish; and the directors are hei'etjy au- 
thorized and empowered to make all necessary rules, by-laws, 
regulations, and ordinances that they may deem necessary 
and expedient, to accomplish the designs and purposes, and to 
carry into etiect the provisions of this act, and tor the transfer 
and assignment of its stock, which is hereby declared person- 
al property, and transferable in such manner as shall be pro- 
vided by the by-laws and ordinances of said corporation. 

Sec. 9. If the said corporation shall not commence the 
work within three years from the passage of this act, and 
complete the same wiihin five years, then this act shall thence- 
forth cease and be void. 

Sec. 10. Should the Board of Commissioners of Public IfBoard Pub- 
Works, within one year from the passage of this act, deem it [g^^^p^^ ^•^' 
expedient for the interest of the Slate to extend the termina- an"d WareLw 
tion of the Peoria and Warsaw railroad over the route desig- railroad, this 
iiated in this act, and pass an order to the effect, this act shall ^^' '» be void, 
be null and void. 

Approved, February 26, 1839. 



AN ACT to incorporate the German Library Society of St. Clair jj, force Feb. 

county. 22, 1839. 

Whereas several citizens of the county of St. Clair, who have Preamble, 
originally emigrated from Germany, have formed them- 
selves into a society for the purpose of acquiring and dis- 
seminating general and useful knowledge ; and whereas such 
an undertaking is deserving legislative sanction: Therefore, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the said society be, 
and they are hereby, constituted a body politic and corporate. Body politic. 
to be known by the name of "The president ami directors of 
the German Library Society of St. Clair county," and by that 
name shall have perpetual succession, and a com.mon seal, 
and may change and alter the same at pleasure. 

Sec. 2. That said library shall never be divided or sold. Library not to 

or otherwise disposed of; nor shall it ever be removed out of ^^ divided or 
,, ,- . ,. , ^ % r>i /-.I • removed. 

the limits ol the county of St. Clair. 

Sec. 3. That said library, and all the real or personal 
estate belonging to it, shall be held in joint tenantry by the 
respective members of the said society; and no member shall 
be entitled to withdraw or transfer his interest in the same to 
any member or person whatsoever. 

Sec. 4. That the members of said society shall meet in Time and 
the county of St. Clair, on the third Saturday of March next, place of meet- 
and shall elect by ballot, separately, a president, two directors. Ejection of 
and two vice-directors ; the two directors to be styled the officers. 



102 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 

Further pro- 
viso. 



Termofoffice. 



Bj-laws. 



Powers. 



Proviso. 



•* 
Fines. 



librarian and the treasurer, whose respective duties shall be 
defined in the by-laws, rules, and regulations of said society; 
and said members shall hereafter, annually, elect the said 
officers in the manner aforesaid, on such a day and at such 
places as they may choose : Provided, That no member shall 
be allowed to vote by proxy in elections or any other cases : 
And further provided, That female members of said society 
shall not be permitted to vote in said elections or any other 
cases. 

Sec. 5. That the said officers so elected shall continue in 
office one year, and until others are elected in their stead; 
and they, or any two of them, shall have power to convene 
the said society on special occasions. 

Sec. 6. That every person,, whether a resident of the 
county of St. Clair or not, shall be admitted a member of said 
society, by paying an initiary fee and the ordinary contribu- 
tions for the year being, and by signing the constitution of 
said society. 

Sec. 7. That the members of said society in their meetings 
shall have power to enact such by-laws, rules, and regulations 
as they, or a majority of them, may think best calculated to 
promote the general welfare of this institution, not contrary 
to the constitution and laws of this State. 

Sec 8. That the president and directors shall be capable, 
in law, of suing and being sued, pleading and being impleaded, 
answering and being answered unto, defending and being 
defended, in all courts and places whatsoever ; and also that 
they and their successors, by that name and style, shall be 
capable, in law, of purchasing, holding, receiving, and convey- 
ing any estate, real or personal, for the use of said corporation: 
Provided, That the real estate so purchased shall be such 
only as shall be necessary to promote or obtain the object 
of this corporation. 

Sec 9. That the said president and directors shall have 
power to demand and receive the money, books, and maps 
already given to said institution, or in any other way belong- 
ing to it, and expend the monej'^ in the purchase of books and 
for other objects and purposes as directed by the said members 

and according to the by-laws, rules and 



m their meetings, 
regulations. 



Sec. 10. That all moneys hereafter accruing fiom fines, 
donations, and contributions, or from any other source, shall 
be laid out in books, and for other purposes necessary for the 
institution, by said directors, according to the directions of 
the said members in their meetings, and according to the by- 
laws, rules, and regulations. 

Sec 11. That the said members, or a majority of them, 
shall have power, in the bylaws, rules, and regulations, to 
assess moderate fines for non-attendance, and for breaches of 
1 he by-laws, generally, and for damaging, destroying, losing 
or improperly detaining books belonging to the library. 



INCORPORATION LAWS OF ILLINOIS. 103 

Sec. 12. That any member may be expelled from the Expulsioa of 
society by a vote of a majority of all the members of the njembers. 
society, but shall have the right of being heard in his defence. 

Sec. 13. That the said members, or a majority- of them, ABBcesmentof 
shall yearly assess the amount of contribution to be paid by yearly con- 
every member for said year, and shall appoint a certain day '"^"'^<"'- 
when the said contribution is to be paid to the treasurer; and 
each new member, upon his admittance, shall pay the sum 
of three dollars as an initiating fee: Provided, That such as 
were formerly members, and widows of members, shall pay 
no such fee. 

Sec. 14. The members expelled under the twelfth section 
of this act, or who voluntarily withdraw, or do not pay their Righ'i how 
contribution money according to the by-laws, rules, and reg- ^°'^'"'^^- 
ulations relating thereto, shall forfeit all their right, claim, and 
title in the said library. 

Sec. 15, Theodore Hilgard, senior, is hereby appointed Officers, 
president; and Gustavus P. Koerner, Albrecht H. Trapp, 
John Sheel, and Theodore Kraft, directors of said corporation; 
who are authorized to act until successors are appointed 
under the provisions of this act; and said president and 
directors are hereby authorized to take all steps and do all 
acts necessary to organize said society, and carry into effect 
the provisions of this act. 

Approved, February 22, 1S39. 



AN ACT to incorporate the town of Quincy. . In force, Feb 

21, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly , That the citizens of the town 
of Quincy, in the county of Adams, and State aforesaid, are 
hereby made and constituted a body politic and corporate, by the 
name and style of "The president and trustees of the town of^^ame&siylf. 
Quincy," and by that name shall have perpetual succession, and 
may have and use a common seal, which they may change or 
alter at pleasure; and in whom the government of said corpora- 
tion shall be vested, and by whom its affairs shall be managed. 

Sec. 2. All that district of country embraced within the Boundaries of 
following boundaries, to wit : Beginning on the south side of ^ 
Jefferson street, where said street strikes the river; thence, 
up the river with the meanderings thereof, to the northern 
extremity of Pease's addition to the town of Quincy; thence, 
due east, to the eastern side of Wood street; thence, due 
south, along said Wood street, to a point due east from the 
place of beginning ; thence, due west, down the south side of 
Jefferson street, to the place of beginning, is hereby declared 
to be within the boundaries of the town of Quincy: Provi- 'Proxiao. 
ded, That the jurisdiction of the trustees of said town shall 



104 



INCORPORATION LAWS OF ILLINOIS. 



Present trus- 
tees to cou- 



extend to the middle of the Mississippi river, in front of said 
town. 

Sec. 3. That the present trustees shall continue in office 
until the third Monday in April next; and until their succes- 
tinue in office so)s are duly elected and qualified; at which time, and forever 
©lectio^n"""'^' thereafter, an election shall be held on the third Monday in 
April annually, for seven trustees, who shall hold their offices 
for one year, and until their successors are elected and qualified^ 
No person shall be a trustee of said town who is not a citizen 
of the State of Illinois, and of said town ; who has not arrived 
at the age of twenty-one years; who has not resided in said 
town six months next preceding his election; and who is not, 
at the time thereof, a bona fide freeholder in said town. All 
Voters. free white male inhabitants over twenty-one years of age, 

who are entitled to vote for State officers, and who shall be 
an actual resident of said town at the time of said election, 
shall be entitled to vote for trustees; and the said trustees 
shall, at their first meeting, proceed to elect one of their body 
president, and shall have power to fill all vacancies in said 
board which may be occasioned by death, resignation, or 
otherwise. 

Sec. 4. The board of trustees shall have power to appoint a 
clerk, assessor, treasurer, and supervisors of streets, and all such 
other officers as may be necessary. They shall be judges of 
the qualifications, elections, and return of their own members. 
A majority of the board shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day^ 
and may compel the attendance of absent members in such 
manner and under such penalties as the board may provide^ 
They may determine the rules of proceeding, punish their 
members for disorderly conduct, and make such other rules 
and regulations for their own government as to them may 
seem fit and expedient. 

Sec. 5. The board of trustees shall have exclusive power 
to levy and collect taxes upon all real estate within the limits 
of the corporation which has been laid out in town lots, or 
which may be occupied as town lots, not exceeding one per 
cent, upon the assessed value thereof; to make fbgulations to 
secure the general health of the inhabitants; to prevent and 
remove nuisances; to regulate and licence fierries wiihin the 
corpoi'ation ; to provide for licensing and taxing taverns, 
stores, groceries, auctioneers, theatrical and other shows and 
amusements within said corporation; to prohibit and restrain 
gaming, gaming-houses, bawdy-houses, and other disorderly 
houses; to build market-houses, and regulate the same; to 
open and keep in repair streets, lanes, alleys, drains and sew- 
ers, and to keep the same clean; to require bond and security 
of town officers for the faithful performance of their duties ; 
and, from time to time, to pass such ordinances and by-laws, 
to carry into effect the provisions of this act and the powers : 
hereby granted, as the good of the inhabitants may require; 



President. 
Vacancies. 

Officers of 
town. 



Quorum. 



Powers of 
trustees. 



Ordinances 
and by-laws. 



I 



INCORPORATION LAWS OF ILLINOIS. 105 

and to impose and appropriate fines and forfeitures for the 

breach of any ordinance, and provide for the collection 

thereof; and in all cases arising under this act, or growing 

out of the by-laws and ordinances made in pursuance of this 

act, any justice of the peace within said corporation shall have 

jurisdiction to hear and determine the same ; and an r.ppeal 

may be taken, and writs of certiorari prosecuted, from any ^X"' 9^ ^r- 

such decision, in the same manner as now is or hereafter may '^°'"^"' 

be provided by law for appealing from judgments of justices 

of the peace. 

Sec. 6. It shall be lawful for the board of trustees to levy 
and collect a special tax on the owners of lots on any street Special tax. 
or parts of a street, for the purposes of grading and paving 
the side- walks on said street: Provided, That a majority of^'""'"^^- 
the owners of the real estate upon any such streets or parts 
of a street shall first consent thereto. 

Sec. 7. The board of trustees shall have power to regulate, 
grade, pave, and improve the streets, avenues, lanes, and Improvement 
alleys, within the limits of said corporation, and to extend, ' 

open, and widen the same, making the person or persons 
injured thereby adequate compensation; to ascertain which 
the said board shall cause to be summoned six good and lawful 
men, freeholders and citizens of said town, not directly in- 
terested, who. being first duly sworn for that purpose, shall 
inquire into and take into consideration as well the benefits 
as the injury which may accrue, and estimate and assess the 
damages which would be sustained by reason of the opening, 
extending, or widening of any street, avenue, lane, or alley, 
and shall report their proceedings, under their hands and 
seals, to the board of trustees ; and the board of trustees shall 
thereupon pay, out of the treasury of the corporation, to the 
person to be injured, the amount of damages assessed in his 
favor. 

Sec. 8. The board of trustees shall have power, from time 
to time, to pass such by-laws and ordinances as to them may 
seem expedient, not inconsistent with the constitution or 
bws of this State; and all ordinances of said trustees shall 
be fairly written out and recorded by the clerk, and published 
in a newspaper printed in said town ; and no ordinance shall 
be in force until published as aforesaid. 

Sec. 9. The board of trustees are also vested with power 
to declare what shall be considered a nuisance within said 
town; to prevent the running and indecent exhibition of hor- 
ses; to provide for the trial and punishment of persons who 
may be engaged in assaults, assaults and batteries, affrays, 
riots, or other disorderly conduct in said town ; and to pro- 
vide that such punishment may be inflicted, for any offence 
against the laws or ordinances of the corporation, as is or may 
be provided by law for like offences against the laws of this 
State: Provided, That no person shall be deprived of the Proviso. 



106 INCORPORATION LAWS OF ILLINOIS. 

right of trial by jury, in any case where such person would 
be entitled to a trial by a jury for a like offence against the 
laws of this State. 

Sec. 10. The board of trustees shall have power to provide 
for the punishment of offenders, by imprisonment in the coun- 
ty jail, in all cases where such offenders shall refuse or fail to 

Fines and p^y f^j^gg which may be asses^d, or forfeitures or penalties 
iori6itur68» i_ ' I V 1 

which may be recovered. 

Sec. 11. The board of trustees shall have power to adopt 

such modes and means for the assessment aud collection of 

taxes as they may from time to time fix upon and determine, 

and to prescribe the manner of selling property when the 

Proviao. taxes levied upon it are not paid : Provided, however, That, no 
sale of any town lots or other real estate shall b&» made until 
public notice of the time and place of such sale shall be given, 
for lour weeks successively, by advertisement in a newspaper 
published in said town. 

Redemprion Sec. 12. When any town lot or lots or real estate shall be 

oflotssold for sqJ(J foj. taxes by virtue of this act, the same may be redeemed, 
at any time within two years from the date of such sale, by 
the owner of such property, his heirs or assigns, agents, ad- 
ministrator, or executor, paying to the treasurer of said town, 
for the use of the purchaser of said property, the full amount 
of the purchase money and costs, with such interest as said 
corporation may, by ordinance, require. 

Sec. 13. The members of the board of trustees, and 

An officers to every other officer of said corporation, shall, before entering 
on the duties of their offices, take an oath or affirmation, 
before some judge or justice of the peace, to support the 
constitution of the United States and of this State, and faith- 
fully to demean themselves in office. 

Town consta- Sec. 14. The board of trustees shall have power to appoint 

*»'«8. a town constable or constables, ind authorize him to execute 

all writs, process, and precepts, which may be issued against 
persons for the violation of the laws or ordinances of the 
corporation, and to arrest, on view, all persons who may 
violate such laws ot ordinances; to collect all fines, forfeitures, 
and penalties, which may be assessed or recovered for the use 
of the corporation ; and to require bond and security of said 
constable, in such sum as they may think proper. Said con- 
stable or constables shall hold their office during the pleasure 
of the board of trustees, and shall have and possess the same 
powers, and perform the same duties, in other respects, as the 
constables in the different districts in the county possess. 

Sec. 15. The board of trustees, for the purpose of keeping 
the streets and alleys in said town in good order and repair, 

Labor on road are hereby authorized to require every male resident of said 
town, over the age of twenty-one years, to labor on said 
streets, alleys, and roads, three days in each and every year; 
and any person, who shall be notified by the supervisor of 
streets to perform such labor so assessed as herein provided, 



INCORPORATION LAWS OF ILLINOIS. 1(|7 

and shall fail or neglect to perform the same, shall forfeit and 
y pay the sum of one dollar for each day's labor neglected to Fine, 
be performed ; and the supervisor of streets in the proper 
district is hereby authorized to prosecute such delinquent 
persons, in the name of the president and trustees of the 
town of Quincy, before any justice of the peace in said 
town, and said supervisor shall be a competent witness against 
said delinquent; and, in case of default as aforesaid, the justice 
of the peace shall enter up judgment against said delinquent 
for the amount so forfeited, with costs of suit, and issue exe- 
cution forthwith. 

Sec. 16. It shall be the duty of any justice of the peace Duty of jub- 
residing in said town, on complaint being made to him, on tice of peace, 
oath, of the violation of any law or ordinance of the corpo- 
ration, or upon view, or upon the request of any town con- 
stable, to issue his warrant directed to the town constable, or 
any other officer authorized to apprehend the offender or 
offenders, and bring him or them forthwith before him ; and, 
after hearing the evidence, if it shall appear that the accused 
has been guilty of the violation of any such law or ordinance 
of the corporation, to impose such fine or imprisonment as 
shall be provided in such law or ordinance. ~ 

Sec. 17. The said president and trustees are hereby made 
capable, in law, to take and hold to themselves and successors 
any lands, tenements, hereditaments, and the rents, issues, 
and profits thereof, which may be necessary for the erection 
of any market-house and other public buildings, and the same Market-houac 
to sell, grant, and dispose of, if necessary ; and to sue and be 
sued, plead and be impleaded, answer and be answered, in 
any court or place whatever; and all suits and judicial pro- 
ceedings under this act shall be carried on in the name and 
style of "The president and trustees of the town of Quincy." 

Sec. 18. The justices of the peace and constables who are 
required to render services under this act shall be entitled topeegofofn- 
the same fees, and collect them in the same manner, as now cere, 
is or hereafter may be pfovided by law for other justices of 
the peace and constables. 

Sec. 19. Lands embraced within the limits of the corpo- 
ration of said town of Quincy shall not be taxed by the 
president and trustees of said town at any higher or greater 
rate than said lands would be taxed by the laws of the State, 
unless the same are laid out into town lots, or occupied as 
town lots. 

Approved, February 21, 1839. 



108 INCORPORATION LAWS OF ILLINOIS. 

In force, Feb. AN ACT to incorporate the Illinois Mutual Fire Insurance Company. 
23, 1«39. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Benjamin F. 
Long, Elias Hibbard, Moses G. Atvvood, Alfred Dow, Robert 
Snnith, William H. Carlin, Norman H. Purple, John F. Rague, 
J. H. Woodworth, and all other persons who may hereafter 
become members of said company in the manner herein pre- 
scribed, be, and they hereby are, incorporated and made a 
Body politic, body politic, for the term of twenty years from the passage of 
Name & style, this act, by the name of "The Illinois Mutual Fire Insurance 
Company," for the purpose of insuring their respective dwell- 
ing-houses, stores, shops, and other buildings, household fur- 
niture and merchandize, against loss or damages by fire, 
whether the same shall happen by accident, lightning, or any 
other means, excepting that of design in the assured, or by 
the*: 'vasion of an enemy or insurrection of the citizens of this 
Powers. or of any of the United States; and by that name may sue 

and be sued, plead and be impleaded, appear, prosecute, and 
defend, in any court of record or other place whatever; may 
have and use a common seal; may purchase and hold such 
real and personal estate as may be necessary to efTect the ob- 
ject of their association, and the same may sell and convey 
Proviso. at pleasure: Provided such real estate shall not exceed one 
hundred and sixty acres ; may make, establish, and put into 
execution, such by-laws, ordinances, and regulations, not be- 
ing contrary to the laws of this State or of the United States, 
as may seem necessary and convenient for their regulation 
and government, and for the managementof their affairs; and 
do and execute all such acts and things as may be necessary 
to carry into full effect the purposes intended by this charter. 
Sec. 2. That all and every person and persons who shall 
at any time become interested in said company by insuring 
therein, and also their respective heirs, executors, adminis- 
trators and assigns, continuing to be insured therein a-- herein- 
after provided, shall be deemed and taken to be members 
members. thereof for and during the term specified in their respective 
policies, and no longer, and shall at all times be concluded and 
bound by the provisions of this act. 
Time and Sec. 3. There shall be a meeting of said company at Alton, 

p^aceo meet- -^ ^j^^ county of Madison, on the first Wednesday of January 
annually, or on such other day as the said company may 
hereafter determine; at which first annual meeting shall be 
chosen, by a major vote of the members present, and by 
proxy, a board of directors, consisting of not more than fifteen 
nor less thari nine members, who shall continue in office until 
others have been chosen, and accepted the trust in their stead. 
Vacancies, In all vacancies happening in said board, whether by remov- 
how filled, jjjor from the State, dvini:, or refusino- or ne^lectinc: to act for 
and during the space of three months successively, then, and 



INCORPORATION LAWS OF ILLINOIS. jqq 

in every such case, another director shall be chosen in the 
place of each director so removing, dying, refusing or neglect- 
ing to act as aforesaid, by a majority of the directors present 
at any monthly meeting; which director so chosen siiaii re- 
main in office until the next general election of directors; 
and a majority of the whole board shall constitute a quorum 
for the transaction of business. At their first regular meeting, First meeting, 
the board of directors shall class themselves, by lot, into three 
classes of an equal number each, the terms of whose ser- 
vice shall respectively expire as follows : the first class in one '^.^'■™ of s"- 
year, the second class in two years, and the third class in "^^" 
three years. Special meetings of the company may be called 
by order of the directors, or whenever the owners of one- 
tenth part of the property insured in said conjpany shall ap- 
ply to the directors, setting forth, in writing, the purposes for 
which a meeting is desired. 

Sec. 4. The board of directors shall superintend the con- 
cerns of said company, and shall have the management of the 
funds and property thereof, and of all matters and things 
thereto relating, not otherwise provided for by said company. 
They shall have power from time to time to appoint a secre- Officers of 
tary, treasurer, and such other officers, agents, and assistants, company, 
as to them may seem necessary, and prescribe their duties, 
fix their compensation, and take such security from them as 
they may deem necessary for the faithful performance of their 
respective duties. They shall determine the rates of insurance, 
the sum to be insured on any building, not exceeding two- 
thirds of its value, nor one-half the value of personal property, 
and the sum to .be deposited for the insurance thereof. They 
shall order and direct the making and issuing of all policies of Policies of in- 
insurance, the providing of books, stationery, and other things s"ra°ce. 
needful for the office of said company, and for carrying on 
the atfairs thereof; and may draw upon the treasurer for the 
payment of all losses which may have happened, and ior the 
expenses incurred, in transacting the concerns of said compa- 
ny. They shall elect one of their own number to act as Election of 
president, and may hold their meetings monthly, and oftcnerP'^®^ ^°'* 
if necessary, for transacting the business of the company; 
and shall keep a record of their proceedings; and any direc- py^jggt m^y 
tor disagreeing with a majority of the board, at any meeting, be entered, 
may enter hisdissent, with his reasons therefor, on record. 

Sec. 5. It shall be the duty of the directors of said com- Premium 
pany, whenever the premium notes thereof shall amount to"°'^^' 
the sum of one hundred thousand dollars, to build or cause to 
be built, or procure for the use of said company, a fire-proof 
building suitable for the transaction of business and for the 
preservation of the funds and other property belonging^ to 
said company from destruction by reason or means of fire; 
and for the purpose of providing said building, the directors 
may assess any sum not exceeding five per cent, of the amount 



110 



INCORPORATION LAWS OF ILLINOIS. 



of premium notes aforesaid in any one year; and it shall be. 

the duty of the directors to keep said building in proper re- ., 
pair, and to renew the same, in whole or in part, as they may 
think necessary and expedient. 

Sec. 6. The directors shall extend the insurance of said 
company to every part of this Slate, on all real and personal 
property within the same, with the exceptions and provisions 
hereinafter enacted, not exceeding the sum of ten thousand 
dollars in any one risk, at such rate or rates as said directors 
may, in view of the equity of the case and the interest of 
the company, determine. Insurances shall be made, in all 
cases, upon the representation of the insured contained in 
his application therefor, and signed by him or his attorney; 
which representation shall, in fairness and good faith, state ] 
all the material circumstances within his knowledge which ' 
Proviso. may aftect the risk: Provided, That in case of any loss or j 
damage by fire, the valuation of the property at the time of ' 
such loss or damage shall be determined by the award of im- 1 
partial men as hereinafter provided. [ 

Sec. 7. Books of accounts, written securities or evidence ! 
of debts, title deeds, manuscripts or writings of any descrip- j 
Exceptions in tion, money or bullion, shall not be deemed nor taken to be i 
P"'^"^^"*^ ^°' objects of insurance in said company. Curiosities, iewels, i 
medals, musical instruments, plates, paintings, sculptures, stat- ; 
uary, watches, gold or silver ware of any kind, shall not be { 
deemed to be included in any policy of insurance, unless those | 
articles or any of them form part of the usual and regular j 
stock in trade of the assured, or are particularly specified in j 
the policy. Breweries, chemical establishments, bleaching- j 
houses, oil-mills, or the contents of either of them, alcohol, | 
aqua fortis,gun-powder, spirituous liquors, tar, turpentine, var- 
nish, or any other trades, wares, or merchandize, which may j 
hereafter be excluded by said company at any annual meet- ! 
ing, shall never be deemed insurable by the directors of said i 
company, nor any policy issued thereon. j 

Sec. 8. Every person who shall become a member of said ' 
company, by effecting insurance therein, shall, before he re- ! 
Promiesory ceives his policy, deposite his promissory note for such sum or I 
"*'^'^- sums of money as shall be determined by the directors; a j 

part, not exceeding ten per cent., of which note shall be im- | 
mediately paid for the purpose of discharging the incidental i 
expenses of the institution; and the remainder of said depos- ! 
ile note shall be payable, in part or the whole, at any time j 
when the directors shall deem the same requisite for the pay- i 
ment of losses or other expenses ; and at the expiration of the j 
term of insurance, the said note, or such part of the same as I 
shall remain unpaid, after deducting ail losses and expenses oc- ' 
curring during said term, shall be relinquished and given up ! 
to the signer thereof. | 



\ 



l 



INCORPORATION LAWS OF ILLINOIS. j j j 



Sec. 9. Every member of said company shall be, and Each member 

hereby is, bound to pay his proportion of the losses and ex- '^°"°^ (*"" ^i^ 

•', . '^•'.'.^ , ., , proportion, 

penses happenmg or accrumg m and to said company; and 

all buildings insured by and with said company, together with 

the right, title, and interest of the assured, to the land on 

which they stand, shall be pledged to said company; and the 

said company shall have a lien thereon, against the assured, 

during the continuance of his, her, or their policies. 

Sec. 10. In cases of any loss or damage by llie happening Loss by fire. 
to any men(?t>er upon property insured in and with said com- 
pany, the s^ member shall give notice thereof, in writing, 
to the directors, or some one of them, or to the secretary of 
said company, within thirty days from the time such loss or 
damage may have happened; and the directors, upon a view 
of the same, or in such other way as they may deem proper, 
shall ascertain and determine the amount of said loss or dam- Amount of 
age; and, if the party suffering is not satisfied with the deter- 'lavage, 
mination of the directors, the question may be submitted to 
referees, or ihe said party may bring an action against said Referees, 
company for said loss or damage, at the next court to be ^=^7 bring an 
holden in and for the county of Madison, and not afterwards, ^*^^°°* 
unless said court shall be holden within sixty days after said 
determination; but if holden within that time, then at the 
next court holden in said county thereafter; and if, upon trial 
of said action, a greater sum shall be recovered than the 
amount determined upon by the directors, the party suffering 
shall have judgment therefor against said company, with in- 
terest thereon from the time said loss or damage happened, 
and costs of suit; but if no more shall be recovered than the 
amount aforesaid, the said company shall recover their costs : 
Provided, however , That the judgment last mentioned shall 
in nowise affect the claim of said suffering party to the amount 
of loss or damage as determined by the directors aforesaid: 
And provided, also, That execution shall not issue on any 
judgn.ent against said company until after the expiration of 
three months from the renditiort thereof. 

Sec. U. The directors shall, after receiving notice of any 
loss or damage by fire sustained by any member, and ascer- 
taining the same, or after the rendition of any judgment as 
aforesaid against said company for such loss or damage, settle 
and determine the sums to be paid by the several members 
thereof, as their respective proportion of such loss, and pub- 
lish the same in such manner as they shall see fit, or as the 
by-laws may have prescribed; and the sum to be paid by each 
member shall always be in proportion to the original amount 
of his premium note or notes, and shall be paid to the treasu- 
rer within thirty days next after the publication of said notice; 
and if any member shall, for the space of thirty days after 
such notice, neglect or refuse to pay the sum assessed upon 
him, her, or them, his, her, or their proportions of said loss as 



112 



INCORPORATION LAWS OF ILLINOIS. 



aforesaid, in such a case, the directors may sue for and recover 
the whole amount of his, her, or their deposite note or notes, 
with costs of suit; and the money thus collected shall re- 
main in the treasury of said company, subject to the 
payment of such losses and expenses as have or may 
thereafter accrue ; and the balance, if any remain, shall be 
returned to the party from whom it was collected, on demand, 
after thirty days from the term for which insurance was 
made. 
When depos- Sec. 12. If it shall ever SO happen that the whole amount 
ite notes not.of depOsite notes should be insufficient t6 pay the loss occa- 
jufficient. sioned by any one fire, in such case the sufferers insured by 
said company shall receive, towards making good their re- 
spective losses, a proportionate dividend of the whole amount 
of said notes, according to the sums by them respectively 
insured, and, in addition thereto, a sum to be assessed on all 
the members of said company, not exceedidg fiity cents on 
every hundred dollars by them respectively insured; and the 
said member shall never be required to pay, for any loss 
occasioned by fire, at any one time, more than fifty cents on 
each hundred dollars insured in said company, in addition to 
the amount of his deposite note, nor more than that amount 
for any such loss after his said note shall have been paid in 
and expended; but any member upon payment of the whole 
of his deposite note, and surrendering his policy, before any 
subsequent loss or expense has occtirred, may be discharged 
from said company. 
PoKciesnot Sec. 13. Said company may make insurances for any term 
to exceed ten jj„^ gjj(.ge(jijjg ^gQ years; and any policy of insurance, issued 

* by said company, signed by the president and countersigned 

by the secretary, shall be deemed valid and binding on said 
company, in all cases where the assured has a title in fee 
simple, unencumbered, to the building or buildings insured, 
and to the land covered by the same ; but if the assured have 
a less estate therein, or if the premises be encumbered, the 
policy shall be void, unless the true title of the assured, and 
the encumbrances on the premises, be expressed therein. 
Directors to Sec. 14. The directors shall settle and pay all losses within 
settle and paj three months after they shall have been notified as aforesaid, 
all losses. unless they shall judge it proper, within that time, to rebuild 
the house or houses destroyed, or repair the damages sustain- 
ed, which they are empowered to do, in convenient times: 
Provided they do not lay out and expend in such building or 
repairs more than the sum insured on the premises; but no 
allowance is to be made, in estimating damages in any case, 
for guilding, historical or landscape painting, stucco or carved 
work ; nor are the same to be replaced if destroyed by fire. 
Buildings Sec. 15. When any house or other building shall be alien- 

alienated by jj^gjj i^y gg^jg Qj. otherwise, the policy thereupon shall be void, 

and be surrendered to the directors of said company, to be 
cancelled; and upon such surrender, the assured shall be 



INCORPORATION LAWS OF ILLINOIS. H3 

entitled to receive his, her, or their deposite note upon the 
payment of his, her. or their proportion of all losses and 
expenses that have accrued prior to such surrender: Provided, „ 
Jiowever, That the grantee or alienee, having the policy as- 
signed to him, may have the same ratified and confirmed to 
him, her, or them, for his, her, or their own proper use and 
benefit, upon application to the directors, and with their con- 
sent, within thirty days next after such alienation, on giving 
proper security, to the satisfaction of the directors, for such 
portion of the deposite or premium note as shall remain un- 
paid ; and by such ratification and confirmation, the party 
causing the same shall be entitled to all the rights and privi- 
leges, and subject to all the liabilities, to which the original 
insured was entitled and subjected under this act. 

Sec. 16. Jf any alteration shall be made in any house or Alterations 
building, by the proprietor thereof, after insurance has been ™^^®^°^"^''^- 
made thereon with said company, whereby it may be exposed ' 
to greater risk or hazard from fire than it was at the time it 
was insured, then, and in every such case, the insurance made 
upon such house or building shall be void, unless an additional Insurance, 
premium and deposite, after such alteration, be settled with ^^*^° ■^°^"" 
and paid to the directors; but no alteration or repairs in 
buildings, not increasing such risk or hazard, shall in anywise 
affect the insurance previously made thereon. 

Sec. 17. In case any building or buildings, situated upon 
leased lands and insured by said company, be destroyed by 
fire, and the owner or owners thereof shall prefer to receive 
the amount of such loss in money, in such case the directors payment of 
may retain the amount of the premium note given for the loss, 
insurance thereof until the time for which insurance was 
made shall have expired; and at the expiration thereof, the 
assured shall have the right to demand and receive such part 
of said retained sum or sums as has not been expended in losses 
and assessments. 

Sec. 18. If insurance on any house or building shall be Buildings un- 
and subsist in said company and in any other oflice, or from g,^ram;e^?oidi 
and by any other person or persons, at the same time, the unless, &c. 
insurance made in and by said company shall be deemed and 
become void, unless such double insurance subsist by and with 
the consent of the directors, signified by endorsement on the 
back of the policy, signed by the president and secretary. 

Sec. 19. The company hereby created shall not be con- company not 
nected in any trade or other business, except the insurance of to be connec- 

• 1 1 -L n i_ 11 -J ~, ted With Other 

property agamst loss or damage by fire ; nor shall said com- buginesa. 
pany, by any possible construction of the powers granted in 
this act, exercise any barking privileges whatever; but this 
aet shall be deemed and taken to be a public act, and shall be 
liberally construed to effect the ends and purposes hereby 
intended and contemplated. 



114 INCORPORATION LAWS OF ILLINOIS. 

Sec. 20. The directors of said company shall not make 

One assess- more than one assessment for losses in any one year; and in 

mentperyear. oj-jer that such assessment may be made payable at the annual 

meeting of the company, the directors are authorized, in case 

of any loss or damage by fire, to borrow such sum or sums of 

money as may be required to pay such loss or damage ; and 

in making the annual assessment, the interest accruing on 

money bori'owed, and also all necessary incidental expenses » 

shall be included in each assessment. 

Books and Sec. 21. Each and every member of said company shall 

papers free to ^g entitled to and allowed an examination of the books, papers, 

all members, ^^j general transactions of said company, upon application 

therefor to the secretary. 
Annual rei)ort ^^^' ^2. It shall be the duty of the directors to make an 
to General annual report of the condition, progress, and affairs of said 
Assembly, company; a copy of which report shall be furnished to the 
General Assembly. 

Sec. 23. The individuals named in the first section of this 
Directors. act shall be, and they hereby are, constituted a board of di- 
rectors for said company, to serve as such until the first annu- 
al election of directors therein provided for. They shall have 
power, if they think fit, to make up their number to fifteen, 
as allowed in the third section of this act, from among the 
. members of said company; and all the vacancies which may 
how fined.' occur in said board, by death, resignation, removal, or refusal 
to serve, may be filled by the remaining members of said 
board; and a majority of their number at any time shall con- 
stitute a quorum for the transaction of business. They may 
First meeting, call the first meeting of the members of said company, at any 
suitable time and place, in Alton aforesaid, by advertisement 
in the several newspapers printed in said town, giving at least 
ten days' notice of the place, time, and design of the meeting. 
By-laws. They may make and establish by-laws for the government of 
said company until the first annual meeting thereof; and may 
transact any business necessary and proper to carry into effect 
Proviso. the provisions and interest [intent] of this act: Providedj 
however, That no policy shall be issued by said company until 
Duty of Gov- his excellency the Governor of the State shall have made 
prodam^ion pi'oclamation that application has been made for insurance in 
said company on fifty thousand dollars at least; of whicii, 
notice shall be given him by the directors. 

Sec. 24. This act shall taJie eflfect from and after its pas- 
sage. 

Approvkd, February 23, 1839. 



INCORPORATION LAWS OF ILLINOIS. 115 

AN ACT to exteDd the corporate powers of the Preeident and Trustece In force, Feb. 

of the town of Belleville. 26, 1839. 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That, the president 
and trustees of the town of Belleville, in the county of St. 
Clair, and their successors in office, shall, from and after the 
passage of this act, have the following powers, in addition to Powersof 
those powers already conferred upon them by virtue of "An trustees, 
act to incorporate the inhabitants of such towns as may wish 
to be incorporated," approved February 12, 1831, as well as 
by virtue of an act, entitled "An act further defining the pow- 
ers and duties of trustees of incorporated towns," approved 
January 31, 1835: 

1st. To license, tax, and reprulate taverns, groceries, auctions, 
and pedlers, within the limits of said corporation: Provided 
the revenue arising tiierefrom shall, so soon as collected, be 
paid by said trustees into the treasury of St. Clair county. 

2d. Upon the application of the owners of tvvo-thirds of 
the reetf estate upon any street, it shall be lawful for the board 
of trustees to levy and collect a special tax from the owners 
of the lots on said street, according to their respective fronts, 
for the purpose of grading and paving the side-walks of said 
street. 

3d. The fines imposed on such persons as may be con vie- Fines, 
ted of having committed an offence against the laws and ordi- 
nances of said corporation, for which no punishment now is 
or hereafter may be provided by the laws of the State, may 
amount to the sum of fifty dollars, but not exceed the same. 

4th. Any justice of the peace within said corporation shall Junsdiciion 
have jurisdiction to hoar and determine all cases whatsoever °fj"^^^^^" "' 
growing out of the laws, by-laws, and ordinances of said cor-^^ 
poration; and appeals may be taken, and writs of certiorari 
allowed, from such decisions, in the manner which now is or 
which may hereafter be provided for by law in other cases 
before justices of the peace. 

5th. To exercise and maintain all the powers and privi- 
leges which now are, or hereafter may be, granted to them 
by law; and to be held and esteemed as legally incorporated, 
notwithstanding any irregularity or illegality ^yhich may have 
heretofore occurred in the incorporation of said town. 

This act to take effect and be in force from and after its 
passage. 

Approved, Februarv 26, 1839. 



AN ACT to incorporate the La Salle Charity Hospital. jn force. Feb. 

23, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That Joseph Rosale, 

John Tinson, and J. B. Raho, and their successors, be, and 



116 



INCORPORATION LAWS OF ILLINOIS. 



Location. 



exceed five 
acres 



Body politic, they are hereby, created a body politic and corporate, to be 
Name & style. Styled "The La Salle Charity Hospital," with full power to ac- 
quire, hold, and transfer property, real and personal; make 
contracts, sue and be sued, plead and be impleaded, in their 
corporate capacity; to have and use a common seal, to alter 
the same at pleasure. Said trustees shall never exceed nine 
in number; but it is expressly declared that the powers here- 
by granted shall not be used or construed to extend to the 
contracting for, or acquiring any, property, real, personal, or 
mixed,- or for dealing any otherwise than in such things as 
may be necessary and proper for the purposes of a charity 
hospital. 

Sec. 2. The object of the corporation shall be the erection 
and maintenance of a hospital to afford relief to destitute 
persons who may become sick, Ox" disabled, from other causes, 
from providing for themselves; and in which to take care of 
all such persons, and especially persons who may be engaged 
on the public works of the State. Said hospital shall be loca- 
ted near the town of La Salle, in La Salle county, ojj canal 
land, to be selected by the Canal Commissioners, on or near 
the west side of said town. The land to be selected shall 
Lands not to not exceed five acres in quantity; and when the commission- 
ers have made the selection, they shall give to the trustees of 
said institution a certificate describing said lot of land; and 
the Governor shall patent the lot of land so described to the 
said trustees, by their corporate name, for the use of the Chari- 
ty Hospital, and for no other purpose; and when they shall 
cease to use the land for the purpose for Avhich it was dona- 
ted for the period of one year, it shall revert to the State. 

Sec. 3. The said trustees shall have power to make and 
alter by-laws and regulations for the government of said 
institution, as they may think proper, not inconsistent with 
the constitution and laws of this State, or of the United States, 
and shall have power to fill all vacancies in their body; to 
appoint a president, and such other officers as they may think 
proper, for the management of said institution; and shall hold 
the property of said institution solely for the purposes for 
which the hospital is incorporated, and not as a stock for the 
individual benefit of themselves, or of any contributor for the 
endowment of the same; and no particular religious faith 
shall be required of those who become trustees or inmates of 
the institution. 

Sec. 4. It shall be lawful for the trustees of said institution 
to receive donations from any person or persons to aid them 
in the erection of necessary buildings for said institution, or 
for accomplishing the charitable objects of the institution after 
it is erected: Provided, That said corporation shall not be al- 
lowed to hold more than one hundred and sixty acres of land 
at one time; and when the donations in land shall exceed the 
amount of one hundred and sixty acres, they shall dispose of 



By-laws. 



Officers. 



Donations. 



Proyiso. 



INCORPORATION LAWS OF ILLINOIS. 117 

the same, and apply the proceeds to the purposes above men- Proceeds, how 
tioned, within five years from the time the donation is made, "^PP'^^*^- 
or it shall revert to the donor, grantor, or the [heirs of the 
devisor. 

Sec. 5. The land granted by the State shall [be] unaliena- 
ble by the corporation; and if a hospital is not established by 
said corporation, by the erection of the necessary buildings for 
the accommodation of at least twenty destitute persons, 
within two years from the passage of this act, the corporation 
shall cease to exist, and the land granted by this act revert to 
the State. 

Sec. 6. The trustees shall faithfully apply all gifts, grants, 
and donations accepted by them, according to the express de- 
sire of persons making the same; but lands shall be accepted 
subject to the limitations herein contained. 

Approved, February 23, 1839. 



AN ACT to incorporate the Charleston Marine and Fire Insurance In force, Feb. 

Company. 26, 1839. 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That there shall be 
established, in the town of Charleston, an insurance company, 
to be called "The Charleston Marine and Fire Insurance Name & style. 
Company." 

Sec. 2. All such persons as shall hereafter be stockholders 
of said company shall be, and they are hereby, declared to 
be a body politic and corporate, by the name and style afore- Body politic, 
said, and to continue for thirty years from and after the pas- Term of char- 
sage of this act, and, by that name, shall have power to con- ^®'■• 
tract and be contracted with, to sue and be sued, plead and Powers, 
be impleaded, in all courts of law or equity. 

Sec. 3. The said corporation may have and use a common Further pow- 
seal, which they may alter or change at pleasure ; and may ^"* 
also make, establish, and put in execution, such by-laws, 
ordinances, and regulations as shall, in their opinion, be neces- 
sary for the good government of the said corporation, and 
the prudent and efficient management of its affairs, the elec- 
tion and regulation of the duties of its several officers, 
and such other matters as may be necessary and proper : 
Provided, That said by-laws shall in nowise be contrary to 
this act of incorporation, or the constitution and laws of 
this or of the United States. 

Sec. 4. The capital stock of said company shall be one ^ioo,000 cap- 
hundred thousand dollars, to be divided into shares of oneital. 
hundred dollars each, to be paid in such instalments as the 
directors chosen under this act may direct and appoint, and 
under such penalties as they may impose. The stock of the 
said corporation shall be deemed personal estate, liable at all 



118 INCORPORATION LAWS OF ILLINOIS. 

times for the debts of the owner thereof, and shall be assign- 
able and transferable according to such rules and regulations as 
shall be prescribed by the directors in their by-laws and 
ordinances. 

Sec. 5. The corporation hereby created shall have power 
Powers. and authority to make marine insurance upon boats, rafts, 

goods, wares, and merchandize; produce, freight, moneys, 
and on all marine risks and inland navigation and transporta- 
tion ; and against all losses, by fire, of any buildings or houses 
whatsoever, and boats on stocks; bridges and other mechanical 
structures. 
PoHciee, how Sec. 6. All policies of insurance made by the corporation 
executed. gj^^jj ^^ subscribed by the president, or, in case of his death 
or absence, by the vice president, and countersigned and 
sealed by the secretary of said company; and all losses arising 
under any policy so subscribed and sealed may be adjusted 
and settled by the president and board of directors. 

Sec. 7. The said corporation, by the president and direc- 
tors, may, at their option, vest the capital stock of the said 
Capita] stock corporation in the capital stock of any State or incorporated 
™'^J''^^^^^^'^' bank, trust company, or public funds of this State; or they 
may loan the same to companies or individuals on bond, note, 
mortgage of real estate, or other satisfactory security, at their 
discretion, at a rate of interest not exceeding eight per cent, 
per annum. 
Real estate. Sec. 8. The said corporation may purchase and hold such i 
real estate as may be necessary for the transaction of its busi- i 
ness, not exceeding one hundred and sixty acres, and to take j 
and hold any real estate as securities, mortgaged and pledged ; 
to the said corporation, to secure the payment of any debt in 
any manner due or to become due to the said corporation. ; 
Sec. 9. Harrison R. Norfolk, Nathan Ellington, John M. 
Easton, Reuben Canterberry, Andrew Clark, Thomas B. J 
Commisston- Prower, Stephen Miller, Col. Stephen B. Shelledy, Joseph 
iT.LZ'i^i^^ Fowler, James Atkins, A. P. Dunbar, and F. L. Moore, ! 
are hereby appomted commissioners lor superintending sub- 
scriptions to said capita] stock; and the said commissioners, I 
or a majority of them, shall open one or more subscription ; 
books for said stock, on the second Monday of May next, at 
the court house in Charleston, and shall receive subscriptions I 
from all persons desirous of subscribing to said stock, and i 
shall continue the said books open from time until the whole j 
amount shall be subscribed; when the same shall be closed. > 
Sec. 10. The stock, property, and concerns of said cor- i 
Directors. poration shall be managed and conducted by thirteen direc- ' 
tors, who shall hold their offices for one year, and until their | 
successors are duly elected and qualified, and shall, at, the 
time of their election, be citizens of this State, and hol,ders» j 
respectiyely, of not less than ten shares of the capital stock i 
of said company. 

i 



INCORPORATION LAWS OF ILLINOIS. 119 

Sbc. 11. The first election under this act shall beheld at First election, 
such time and place, in the town of Charleston, as a majority 
of said commissioners shall direct. Said commissioners, or a 
majority of them, shall preside at said election, as judges 
thereof; and on the same day in every year thereafter, an 
election shall be holden for directors. Absent stockholders, 
at any election, may vote by proxy, authorized in, writing; 
and each share shall entitle the holder to one vote. 

Sec. 12. The directors when elected shall meet as soon as Meeting of 
may be after the election, and, by a majority of the whole directors, 
board, shall choose out of their number a president and vice Election of 
president, a secretary and other subordinate officers, who shall oflScers. 
severally be sworn or affirmed, faithfully to discharge the 
■duties of their respective offices; shall remain in office for one 
year, and until their successors, respectively, are elected and 
qualified. The board may require such bonds from its officers 
as may be deemed necessary. 

Sec. 13. The president, or vice president, and any six 
directors shall be a board competent to transact business ; Board to do 
and all questions shall be decided by a majority of votes ; buainess, 
which vote shall be given viva voce. 

Sec. 14. The president and directors shall cause the capital Stocks, when 
stock of the said corporation to be paid in, or secured to be P^^^ ^"• 
paid in, by instalments whenever the transactions of the 
company shall or may, in the opinion of the board, require 
the same to be done ; and all such securities for the payment 
of instalments on the capital stock shall be by mortgage 
on real estate, with double the amount of the sum to be 
secured, exclusive of perishable improvements thereupon; 
which said payment of instalments shall be paid, or secured 
to be paid, as the case may require, in such manner and at 
such time as the president and directors shall agree upon and 
direct; and, in default of any payment being paid, or secured 
to be paid, as may be demanded by the president and directors, 
the person so refusing or neglecting to pay, or secure to be 
paid, the said instalments, shall forfeit all former payments 
made, or secured to be made, on the share or shares so ne- 
glected, for the use of the corporation ; and the president and 
directors may proceed to sell said share or shares to the high- Shares may 
est bidder therefor, under such regulations as the by-laws may 
direct. 

Sec. 15. The books of the corporation exhibiting the situa- Books opea 
tion of the affairs thereof shall be opened, at the regular office forinspection. 
of the company, during office hours, for the inspection of any 
person who shall have been insured in any manner by said 

corporation. 

Sec. 16. It shall be the duty of the directors of said Dividends, 
company, at such time as the by-laws thereof shall prescribe, 
to make dividends of so much of their interest arising from 
the capital stock and the profits of the said company: Pro- Proviso. 
vided, That no stockholder, who shall be in arrears to the 



120 INCORPORATION LAWS OF ILLINOIS. 

said company for any instalment or otherwise, shall be enti- 
tled to receive his dividend of the profits, but the same shall 
be retained and passed to the credit of the said stockholders, 
or the share or shares of capital stock upon which any such 
arrearages are unpaid ; and in case of any loss or losses 
whereby the capital stock of said company shall be lessened,, 
no subsequent dividend shall be made until the sum arising 
from the profits of tne business of said company, equal to 
such diminution, shall have been added to the capital stock;, 
and once in every three years, and oftener if required by a 
majority of the votes of the stockholders, (allowing one vote 
for each share,) the directors shall lay before the stockholders,. 
at a general meeting, an exact and particular statement of 
the affairs of the company, and of the profits, if any there be, 
after deducting losses and dividends. 
J. . . Sec. 17. No one risk taken by the said corporation shall 

exceed one- exceed one-tenth of the amount of their capital stock paid 
tenth. in, or secured to be paid in, as provided for by this act ; and 

in case of there being any one visk or risks as taken by the 
corporation over and above one-tenth of the amount of the 
capital stock paid in, or secured to be paid in, as aforesaid, 
the directors under whose administration the same were taken 
shall be liable, jointly and severally, in their individual 
capacity, for all losses which may happen on account of said 
risks. 
In case of Sec. 18. That in case of any loss or losses taking place which 

shall be equal to the amount of the capital stock of the said 
company paid in, or secured to be paid in, and the president 
and directors, after knowing of such loss or losses having 
taken place, shall subscribe to any policy of insurance, their 
estate, jointly and severally, shall be accountable for any and 
every loss which shall take place under policies so subscribed. 
Sec. 19. This act is hereby declared to be a public act. 
Approved, February 26, 1839. 



loBa 



In force, Feb. AN ACT to amend the act incorporating the New Canton and Piketon 
26, 1839. Railroad Company. 

Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That the New Canton 

and Piketon Railroad Company are hereby authorized to 

Railroad change the construction of said railroad into a turnpike road; 

changed to and that the time allowed by the charter of said company, to 

^""""P commence and complete the construction of said railroad, shall 

be extended five years longer. 

Approved, February 26, 1839. 



INCORPORATION LAWS OF ILLINOIS. 121 

AN ACT to incorporate the town of Kankakee. In force, Feb. 

27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the district of the 
country known as section thirty-six, in township thirty-four 
north, and range eight, east of the third principal meridian, Boundaries of 
in the county of La Salle; and section thirty-one, in township '°^°" 
thirty-four north, range nine east, in the county of Will; and 
the west half of the northwest quarter of section six, in town- 
ship thirty-three north, range nine, east of the third principal 
meridian, in the county of Will aforesaid, shall be known and 
distinguished by the name of the town of Kankakee; and 
that Thomas F. Jenkins, John Beard, senior, James L. Young, Trustees. 
George Webb, and Luther S.Robbins, shall be, and hereby are, 
declared to be the trustees ot" the said town, and shall hold 
their offices until after trustees shall be elected as hereinafter 
provided. 

Sec. 2. That the inhabitants residing within said town, 
qualified to vote at elections, may meet on the first Monday Annual elec- 
in May annually, at such place, in the said town as the trus- '^°'^' 
tees, or a majority of them shall appoint, by a notice to be 
put up in at least three public places in said town at least five 
days before such election, or in at least two numbers of one 
of the weekly newspapers of said village, next preceding 
such election; and then proceed to elect five discreet persons, 
citizens of the United States, to be trustees of the said town ; 
and the said trustees hereby appointed, and the said trustees 
hereafter to be elected, shall possess the several powers and 
rights hereafter specified. 

Sec. 3. That the inhabitants residing within the limits 
aforesaid are hereby ordained, constituted, and appointed and 
declared to be from time to time, and forever hereafter, a 
body politic and corporate, in fact and in name, by the name of Body politic. 
«The trustees of the town of Kankakee;" and by that name they N^^^ ^ «'yl«- 
and their successors, forever,shallandmay have perpetual suc- 
cession, sue and be sued, plead and be impleaded, in courts of law Powers, 
and equity, and in all actions and matters whatsoever; and shall, 
in law, be capable of purchasing, holding, receiving, and con- 
veying any real or personal estate for the use of the said town, 
and of erecting public buildings; may have a common seal; 
that break and alter the same at pleasure. 

Sec. 4. That the board of trustees shall appoint their presi- Officers, 
dent from their own body; shall appoint all other officers of 
their board; and shall be the judges of the qualifications, 
elections, and returns of their own members. A majority 
shall constitute a quorum to do business; and they may make 
such rules and regulations for the government of their board 
as they may think proper. 

Sec. 5. That the board of trustees shall have power to 
levy and collect taxes upon real estate in said town, not ex- Tax. 
ceeding the one-half per centum on the assessed value thereof, 



122 



INCORPORATION LAWS OF ILLINOIS, 



Powers of 
trustees. 



ProviflO. 



ftpecial tax. 



Improvement 
of streets, Sec. 



except as hereinafter excepted ; to make regulations to secure 
the general health of the inhabitants; to prevent and re- 
move nuisances; to regulate and license ferries within the 
corporation ; to erect and to keep in repair bridges across 
the Kankakee and Des Plaines rivers, and to impose and col- 
lect reasonable tolls for the same; to restrain and prohibit 
gaming-houses, bawdy-houses, and other disorderly houses; 
to build market-houses, establish and regulate markets; to 
open and keep in repair streets, avenues, lanes, alleys, drains 
and sewers; to keep the same clean and free from incum- 
brances; to establish and regulate a fire department, and to 
provide for the prevention and extinguishment of fires; to 
regulate the storage of gun-powder and other combustible ma- 
terials; to erect pumps and [sink] wells in the streets for the 
convenience of the inhabitants; to regulate the police of the 
town ; to regulate the election of the town officers, and to fix 
their compensation ; to improve the navigation of the Kan- 
kakee river, receive tolls; to organize steamboat and trans- 
portation companies, and erect warehouses; and from time to 
time to pass such ordinances, to carry into eflfect the 
ordinances [provisions] of this act and the powers hereby 
granted, as the- good of the inhabitants may ;"equire; and 
enforce fines and forfeitures for the breach of any ordinances, 
and to provide for the collection thereof: Provided, That said 
trustees shall in no case levy a tax upon lots owned by the State. 
Sec. 6. To levy and collect a special tax on the owners of 
the lots streets or parts of a street, according to their respec- 
tive fronts, for the purposes of ditching, grading or paving 
the side-walks on said streets. 

Sec. 7. That the board of trustees shall have power to 
regulate, grade, pave, and improve the streets, avenues, lanes, 
and alleys within the limits of said town, and to extend, open 
and widen the same, making the persons injured thereby ade- 
quate compensation ; to ascertain which the board shall cause 
to be summoned twelve good and lawful men, freeholders and 
inhabitants of said town not directly interested, who, being 
first duly sworn for that purpose, shall inquire into and take 
into consideration as well the benefits as the injury that may 
ensue, and estimate and assess the damages which would be 
sustained by reason of the opening, extension, or widening 
any street or avenue, lane or alley; and shall moreover esti- 
mate the amount which other persons will be benefitted there- 
by, and shall contribute towards compensating the persons 
injured; all of which shall be returned to the board of trus- 
tees, under their hands and seals; and the person or persons 
who shall be benefitted, and so assessed, shall pay the same in 
such manner as shall be provided; and the residue, if any, 
shall be paid out of the town treasury; nor upon any lot which 
may be sold by the State until authorized by law. 
Ordinances to ^^' ^' That all ordinances shall, within ten days after 
be published, they are passed, be published in a newspaper printed in said 
town, or posted in three of the most public places thereof. 



INCORPORATION LAWS OF ILLINOIS. 123 

Sec. 9. That the officers of said town, in addition to the Additional 
trustees, shall consist of one clerk, one street commissioner, ° *^*"" 
one treasurer, one assessor, and collector of taxes, one town 
surveyor, two measurers of wood and coal, two measurers of 
lumber, one sealer of weights and measures, to be appointed 
by the board of trustees, and such other officers as the trus- 
tees of said town may deem necessary for the good of said 
town; the duties of said officers to be prescribed by the 
trustees. 

Sec. 10. That the treasurer and collector of taxes of said Officers to give 
town shall severally, before they enter on the duties of their 
respective offices, execute bonds to the trustees of said town, 
in such sum and with such sureties as the said trustees shall 
approve, conditioned that they shall faithfully execute the du- 
ties of their respective offices, and account for and pay over 
all moneys received by them, respectively. 

Sec. 11. After the assessors shall have completed the as- AssesBment 
sessment in the manner directed by the trustees, he shall file ^°^^' 
a copy of the assessment roll with the board of trustees, who 
shall immediately give due notice thereof; and in case of non- 
payment of taxes on any of the real estate so assessed within 
sixty days after filing of said assessment roll, the collector 
may proceed to sell the premises on which suck default is Premiees sold 
made, for the taxes and costs thereon, at any time within one ^°^ taxes, 
year after filing of said assessment roll, in the same manner as 
sheriffs of counties in this State are authorized to sell real estate 
for taxes; and shall issue to the purchaser a certificate of the same: 
Provided, That when real estate in said town shall have been Pro-dBo. 
sold, by the authority of the trustees thereof, for the non-pay- 
ment of taxes levied as aforesaid, the same shall be subject to 
redemption, by the owner or owners thereof, his, her, or their Redemption 
agent or agents, within one year after the same shall have °^ premises, 
been sold, on paying to the treasurer of the board of trustees 
double the amount of the taxes for which the same was sold, 
together with costs for the selling of the same ; but should the 
said lots or real estate so sold not be redeemed within the time 
specified, then it shall be the duty of the president of the Dmj ofp^esi- 
board of trustees of said town to execute a deed, with a spe- 
cial warranty, signed by the president of said board, and 
countersigned by the clerk thereof. 

Sec. 12. It shall be the duty of the board of trustees to Duty of trus- 
cause to be paid, to the purchasers of lots, all moneys which tees, 
may have been paid to the treasurer over the costs of selling 
the same. 

Sec. 13. The members of the board of trustees, and every 
officer of the corporation, shall, before entering on the duties ^'^g°®^fj^ *° 
of his office, take an oath or affirmation, before some justice of 
the peace, to support the constitution of the United States and 
of this State, and faithfully to execute the duties of their re- 
spective offices. 



124 INCORPORATION LAWS OF ILLINOIS. 

Trustees may Sec. 14. The trustees of said to wn are hereby authorized and 
loan money, empowered to effect a loan, not exceeding ten thousand dol- 
lars, to be expended in the erection of bridges or other im- 
provements for the benefit of the said town; for the redemp- 
tion of said loan, and the payment of the interest thereon, 
and for the repayment of the said loan, to levy an actual tax 
upon the real property within the said town, not exceeding 
in any one year the annual interest upon the sum so loaned 
and one-fifth part of the principal, 
Appkoved, February 27, 1839. 



In fopce Feb. ^^ ACT to incorporate the Fairfield Institute. 

27, 1839. ' . 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Thomas Linthicum, 
Rigdon B. Slocum, Caleb Williams, Thomas A. Wood, Jeffrey 
Robinson, Nicholas N. Smith, Jefferson L. Warmack, Andrew 
C. Wright, Charles Wood, L. J. S. Turney, Joseph Wilson, 
Charles L. Carter, A. B. Turney, William Berry, Edward R. 
Puckett, T. J. McMackin, H. W. Gaston, Samuel Willson, 
J. W. Barnhill, William N. Borah, E. Wright, Jahalon Tyler, 
J. S. T. C. Stuart, C. J. Ridgeway, David Wright, Jonathan 
Douglass, D. Turney, J. M. Turney, J. J. R. Turney, Will- 
iam F. Turney, W. E. McMackin, Stephen C. Wright, S. C. 
McLin, William L. Gash, J. A Robinson, James Butler, senior, 
F. McCown, Jacob H. Love, James Ewing, Moses Turney, 
Phineas Whitacer, A. J. Armstrong, William White, Asa 
Bowen, R. L. Boggs, J. C. Bennet, Edward R. Selby, James 
Crews, Andrew Wilson, Hugh Stuart, Wesley Stalon, G. T. 
Snodgrass, J. G. Barkley, and their associates and successors, 
be, and they are hereby, created, constituted, and declared to 
Body politic. ]yQ ^ body corporate and politic, by the name and style of 
Name & style. "The Fairfield institute;" and by that name they shall have 
perpetual succession, with all and singular the rights and privi- 
leges, powers and prerogatives, which appertain to other in- 
corporated institutions of learning in this State. 
Library. Sec. 2. The incorporation shall include a library, an athe- 

naeum, alyceum, and such other collateral institutions, for pub- 
lic instruction and the general diffusion of useful knowledge, 
By-laws. as they may consider necessary; and pass all such by-laws, 
rules, and ordinances, not repugnant to, nor inconsistent with, 
the constitution and laws of the United States or of this State, 
for the government, welfare, and prosperity of the same, and 
for the encouragement of learning, as they may think neces- 
sary and proper. 
Time and Sec. 3. The corporators shall meet and organize at Fair- 
place of or- field, Wayne county, on the first Monday in March, 1839, or 
•*°"**°°" within six months thereafter; at which time the Fairfield Li- 
brary Company shall be merged in the Fairfield Institute; and 



INCORPORATION LAWS OF ILLINOIS. 125 

all laws and parts of laws in relation to said library shall be, 
and are hereby, repealed from and after said day of organiza- 
tion: Provided the said Fairfield Library Society shall agree p 
to relinquish their right in said library, and accept of this act 
of incorporation, excepting the by-laws of said Libraiy Com- 
pany; which shall remain in force until repealed by the insti- 
tute. 
APPROVED, February 27, 1830. 



AN ACT to incorporate the Chicago Lyceum. In force, Feb. 

27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the members of the 
Chicago Lyceum, and all persons who shall hereafter become 
associated with them, are hereby constituted a body corporate Body politic, 
and politic, by the name of "The Chicago Lyceum," and by 
that name shall have power to contract and be contracted Powers, 
with, sue and be sued, implead and be impleaded, answer and 
be answered unto, in all courts having competent jurisdic- 
tion; and shall be vested with all .the powers and privileges 
necessary to fulfil the objects of their incorporation. 

Sec. 2. The object of said corporation shall be the promo- Object of 
tion of moral and intellectual improvement, by the instruc- corporation, 
tion of its members in literature, science, apd the arts, and the 
general dissemination of knowledge ; and, for those purposes, 
shall have power to establish and maintam a library, reading 
room, cabinet, chemical and philosophical apparatus, and such 
other means as may be necessary jfor the furtherance of its 
objects as aforesaid. 

Sec. 3. Said corporation shall have power to elect such 
officers, appoint such committees, and adopt such by-laws as 
may be necessary for its government, the management of its 
concerns, and the fulfilment of its objects; to make, have, and 
use a common seal, and the same to alter jand renew at pleas- 
ure ; to erect a building, in the city of Chicago, for the ac- 
commodation of said lyceum, when it may be for its interest 
to do so; and, for that purpose, to obtain, by purchase or other- 
wise, and hold so much land in said city as may be necessary 
for such building; to take, hold, and convey all such real and -^^^ Y\o\d. 
personal property as may be received by donation or bequest; land, 
and also, further, to take, hold, and convey all such books, 
papers, cabinet, apparatus, and furniture as may be necessary 
for attaining the objects, and carrying into effect the purposes, 
of the said corporation. 

Sec. 4. The several officers of the said lyceum, at the Present offi- 
time of the passage of this act, shall continue to hold their ^ers to con- 
respective offices, as officers cf the corporation hereby created, ^^^^ election, 
until the next annual election, unless in case of a vacancy 



126 



To raise 
funds 



INCORPORATION LAWS OF ILLINOIS. 

previously occurring by death, resignation, or otiierwise ; and 
all personal property or funds in securities now held by the 
said officers, or either or any other person or persons, in trust 
for the said lyceum, shall, by virtue of this act, vest in and 
become the property of, and may be sued tor and recovered 
in the name of the corporation hereby created. 

Sec. 5. Said corporation shall have power to raise funds 
by subscription, or in such manner as may be provided in its 
by-laws now adopted or hereafter to be adopted; but all its 
estate, property, and funds shall be devoted solely to the gen- 
eral purposes and objects as prescribed in the second section 
of this act. 

Sec. 6. Said corporation may require of its treasurer suffi- 
cient bonds and satisfactory securities for the faithful perform- 
ance of his duties. 

Approved, February 27, 1839. 



In force, Feb. AN ACT to incorporate Agricultural Societies. 

28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That the county corn- 
Powers of CO. missioners' court in each and every county in this State may, 
Gomm'rs, ^^ ^j^gjj. j^^^g term, (should they think the same advisable,) in 
the year eighteen hundred and thirty-nine, and at the March 
term of their court in each year thereafter, until an agricul- 
tural society shall be formed within their county, cause notice 
to be given, in such manner as may be best calculated to give 
publicity throughout the county, that there will be held, at 
the usual place of holding courts in said county, (on some day, 
to be named in said notice, which said court shall think most 
advisable,) a meeting of the citizens of said county for the 
purpose of organizing a county agricultural society; and 
when said meeting shall convene, it shall be the duty of some 
justice of the peace, or some other person appointed by the 
court for that purpose, to have a vote taken of said meeting, 
to determine whether they will form an agricultural society 
or not; and if twenty or more citizens so convened shall 
decide in favor of forming such a society, the meeting may 
Organization immediately appoint a chairman and secretary, and proceed 
01 socieues. ^^ ^^^ election of officers and the organization of a county 
agricultural society. 

Sec. 2. The officers of such society shall be a president, 
seci'etary, treasurer, and seven directors; and such subordinate 
officers as the president and directors shall from time to time 
appoint for the purpose of determining between competitors 
for prizes, and awarding the same. 



Officers. 



INCORPORATION LAWS OF ILLINOIS. 127 

Sec. 3. The treasurer shall give bond, in such sum and Treasurer to 
with such security as the president and directors shall approve, §^''^^°"<^5 
conditioned for the payment of all moneys entrusted to him 
to such person or persons as may be by law entitled to the 
same, and for the faithful discharge of his duties as treasurer; 
which bond shall be recorded in the recorder's office of the toberecoi- 
county, and filed in the office of clerk of the county com- '^^'^■ 
missioners' court. 

Sec. 4. At the first meeting of the society, and at each 
annual meeting thereafter, the society shall determine, by Annual meet- 
vote, what shall be the amount to be paid by each member for ^"^s- 
the ensuing year. 

Sec. 5. So soon as a certificate, signed by the chairman 
and secretary, that a meeting and election of a president, vice 
president, secretary, treasurer, and seven directors, have been Election of 
had in conformity with the provisions of this act, is recorded oncers. 
in the recorder's office of the county, they and their succes- 
sors shall be, in law and in fact, a body corporate and politic, 
by the name and style of "The Agricultural Society of Name & style. 

county," and by such corporate name and style to 

sue and be sued, implead and be impleaded, answer and be 
answered unto, in all manner of suits, actions, pleas, causes, 
matters, and demands of whatsoever kind and nature they 
may be, in as full and efifectual a manner as any person or 
persons, bodies corporate or politic, may or can do. 

Sec. 6. Said president and directors shall have power to By-laws, 
make and alter by-laws, a majority of whom shall form a 
quorum to do business; to determine on what articles, animals, 
mode of husbandry, or other improvements of any kind con- 
nected with agriculture, domestic manufactures, or mechan- 
ism, they will confer prizes, and the amount thereof ; to fix 
the day and place of exhibition ; to fill vacancies in their own Vacancies, 
body, or in any office pertaining to the society, which may ^>ow ^W^d. 
happen between annual elections ; to provide for the admis- 
sion of members ; to direct the mode of holding future elec- 
tions, of the time and place of holding said elections, of which 
at least ten days' notice shall be given by the secretary of Notice of 
said society, either by publication in some public n(;wspaper elections, 
printed in the county, or by putting up written notices in five 
of the most public places in said county : Provided, No by- Proviso- 
law of said society shall be in violation of the constitution 
of the United States, nor of the constitution of this State. 

Sec. 7. Said president and directors may have a common Seal, 
seal, with which all their official acts shall be sealed, and they 
may alter and revoke said seal at pleasure, and institute 
another instead thereof. 

Sec. 8. Such corporation may receive donations, or make Donations, 
purchase of land or other property, for the use of said 
society: Provided, That no such corporation shall hold any 



128 



INCORPORATION LAWS OF ILLINOIS. 



President to 
have casting 
vote. 



Duty of offi- 
cers. 



greater quantity of real estate than one hundred and sixty 
acres of land at any one time. 

Sec. 9. The president, or, in his absence, the vice presi- 
dent, shall preside at the meetings of the directors, and have 
a casting vote on all questions ; and, in case of the absence of 
both these officers, the directors may choose a president joro 
tern, from their own body. 

Sec. 10. It shall be the duty of all the officers of any 
society organized under this act, before entering upon their 
duties, to take an oath, before some officer authorized by the 
laws of the State to administer the same, for the faithful 
discharge of the duties of their several stations. 

Sec. 11. No money shall be appropriated by said corpo- 
ration to any other purpose but for the promotion of agricul- 
ture, domestic manutactures, or mechanism, and the necessary 
contingent expenses of said society. 

Sec. 12. Nothing in this act shall be so construed as to 
prevent any member of any agricultural society, to be formed 
in conformity to the provisions of this act, from withdrawing 
therefrom on his giving notice thereof to the treasurer, and 
paying up all dues. This act to take effect and be in force 
from and after its passage. 

Appkoved, February 28, 1839. 



In force, Feb. -^^ ^d' ^o'" '^® relief of the Trustees of Shawneetown. 

27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in the event 
of in-lots, in Shawneetown, No. 1097 and 1098, of which one 
Lots escheat- Sherbal Fuller died seized, being escheated to the State of Illi- 
ed to State nois by due process of law, for defect of heirs or devisees to 
fruste^es oi ^^^^ ^^^ same, the said lots shall be, and the same are hereby, 
Shawneetown granted to the trustees of Shawneetown, and their successors 
in office, in full property, subject, however, to be claimed by, 
and restored to, such heirs or devisees within the time and ac- 
cording to the mode prescribed by the act, entitled "An act 
regulating escheats," approved March 1st, 1833. 

Sec. 2. The said trustees of Shawneetown are hereby 

Proceeds,how^"^^°"^^^ to ^PPly ^he proceeds of said lots, when sold by 

applied. them, towards the extinguishment of the debt incurred by 

them for the purpose of grading and paving the river bank in 

front of said town. 

Approved, February 27, 1839. 



INCORPORATION LAWS OF ILLINOIS. 



129 



AN ACT to extend the powers of the corporation of Shawneetown. In force Feb. 

23, 1839. 
Whereas it is represented to this General Assembly that the Preamble. 
trustees and inhabitants of Shawneetown have incurred a 
heavy debt for the purpose of graduig and paving the river 
bank in front of said town, with a view to secure the place 
from the constant washmg away and falling in of said bank, 
threatening to destroy tho best part of said town: There- 
fore, 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That it shall be lawful 
for the trustees of Shawneetown to levy and collect a tax. Special tax. 
not exceeding two per cent, per annum, upon the value of all 
the in and out-lots of said town, and upon all and every de- 
scription of personal property in said town which shall be sub- 
ject to a State or county tax: Provided, That the out-lots, Proviso, 
and the blocks, if in-lots, on the high-lands back from the river 
which were sold as out-lots, shall not be subject to a higher 
rate of taxation than that which may, from time to time, be 
fixed by law for State and county purposes. 

Sec. 2. The said trustees shall have power to license and Powers of 
regulate taverns, coffee-houses, groceries, and other retailers trustees. 
of spirituous and other liquors and drinks, and to exact such 
annual or other tax, or license money from each, not less than 
the corresponding rates fixed by law, as to them shall seem 
reasonable andjuft; and persons paying such tax or license 
money within said corporation shall be exempt from paying 
similar taxation for State or county purposes, any law or 
usage to the contrary notwithstanding: Provided, That after Proviso, 
the extinguishment of the present debts of said corporation, 
the right of taxing and licensing merchants and tavern-keepers 
shall revert to the county or State for county or State pur- 
poses. 

Sec. 3 The said trustees shall have power i j appoint an Assessor, 
assessor for the purpose of assessing the valne oi all taxable 
property within said corporation preparatory to a ievy being 
made, who shall take and subscribe an oath well and truly to 
perform his duty as such assessor without fear, favor, or par- 
tiality; and shall give bond and security, in such penalty as 
shall be required, to the said trustees, conditioned to perform 
all such duties as shall be imposed upon him, under this act, 
to the best of his judgment; and on the return of his assess- 
ment to the board of trustees, it shall be their duty to give Notice of ae- 
notice, by public advertisement in the town, of the fact, and cessment, 
that all conlplaints in respect to said assessment will be heard 
by them, by way of appeal, at such time as they shall name 
in said advertisement, which shall be not short of ten nor exceed- 
ing sixty days from the date of the first publication of said 

1 



J 30 INCORPORATION LAWS OF ILLINOIS. 

advertisement; and it shall be the duty of said trustees to as- 
semble, at some suitable place within said corporation, on the 
day named, and hear and decide upon all complaints or ap- 
peals which may be made to them lor wrong assessments, and 
to lessen or increase the same according as they shall judge 
proper, so as to make such assessments conform to the true 
and fair value of the property assessed; and the decision of 
said board shall be final. 

Approved, February 23, 1839. 



In force, Feb. AN ACT to vacate the town plat of East Lockport 

28, 1839. 

Sec. 1. Beit enacted by the People of the State of Illinois^ 
repj-esentci in the. General Assembly, That the town plat 
of the t<iwn of East Lockport, in the county of Will, be, and 
Plat of town the same is herebv, vacated and annulled, as though the same 
vacatea. ^^^^ never existed: Provided^ however, That the assent of 
those interested in the said town plat to the vacation of the 
sanfie be filed in the office of the recorder of Will county 
within twelve months from the passage hereof. 

Sec. 2. This act to take etiect from and after its pas- 
sage. 

Approved, February 28,' 1839. 



In force, Feb. AN ACT to revive and amend an act, entitled "An act to incorporate 
28, 1839. the town of Caledonia." 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the act, entitled 

Act revived. "An act to incorporate the town of Caledonia," approved 
July 21, 1837, be, and the same is hereby, revived.. 

Trustees. Sec. 2. Samuel Spence, Peter A. Hailman, William Far- 

rell, and Timothy Barlow, are hereby added to the board of 
trustees of said town. 

Term of office. Sec. 3. The term of office of said board of trustees shall 
expire on the first Monday of April, in the year 1840; on 
which day, the first election of trustees shall ' be held ; and 
the five trustees, then elected in the manner provided in the 
act hereby revived and amended, siiall hold their office one 

Annual elec- year •, and the annual election for the trustees of said town 

"°°' shall be held on the first Monday of April annually thereafter. 

This act to be in force from and after its passage. 
Approved, February 28, 1839. 



! 



INCORPORATION LAWS OF ILLINOIS. 131 

AN ACT supplemental to the several acts relative to the Wabash Navi- In force, Feb. 

gation Company. 27, 1839. 

Sec. 1. Be it enacted by the People of the Stale of Illinois^ 
represented in the General Assembly^ That the provisions and Acts contiu- 
benefits of an act, entitled "An act to incorporate the Wabash "cH. 
Navigation Company," approved January 13, 1825; also of 
the supplement thereto, approved February 15, 1833; and 
also of the act amendatory thereof, approved February 12, 
1835, be, and the same ar;j hereby, continued to those who 
may become stockholders in said company; and the directors 
appointed by the second section of the supplement aforesaid 
shall hold their offices for one year after the said company 
shall have organized, and until their successors are duly elect- 
ed and qualitied. This act shall be null and void unless the Conditions of 
sum often thousand dollars of the capital stock shall have been incorporation 
subscribed, and the company organized by electing their pre- 
sident and treasurer, vi^ithin the year eighteen hundred and 
thirty-nine; which said capital stock and shares shall be the 
same as provided in the second section of the act approved 
January 13, 1825: Provided^ Thcii said supplementary and proviso, 
amendatory acts herein recited shall be held to be in force as 
limiting the powers and operations of said company; and the 
extension of time herein granted is allowed upon the condition 
that said supplementary and amendatory acts shall be in full 
force, and compose part of the act of incorporation as amend- 
ed by this act. 

Sec. 2. It shall be the duty of the directors to advertise, ggoi^g opg^g^ 
six weeks previous to the next regular term of the circuit for capital 
court for Wabash county, in the nearest newspaper, that they stock, 
will open books on the first day of the gircuit court aforesaid, 
in the town of Mount Carmcl, for the subscription of the stock 
of said company; which books shall be continued open, from 
day to day, until the whole stock is subscribed; and so soon 
as ten thousand dollars, in shares of one hundred dollars each 
as heretofore provided, is subscribed, the directors shall pro- 
ceed to elect one of their number president, and another trea- 
surer. The treasurer shall give such bond or bonds, to the 
president and his successors, as the board may direct and re- 
quire; and a majority of the whole board may remove him 
at any time when they may think proper: Provided^ That five Proviso, 
shall be a quorum to transact all other business. 

Sec. 3. The said company may borrow money to the May borrow 
amount of their capital stock, but shall in no case exceed it. ^°'^^y- 
All of the estate, real and personal, of said corporation shall 
be bound for its debts, and be liable to be sold under execu- 
tion; and all contracts made by or with said corporation may 
be sued on and enforced before any justice of the peace, or other 
proper court or tribunal, the same as contracts between pri- 
vate individuals, whether said corporation be plaintiff or de- 
fendant, andi shall be subject to the same rights of appeal; 



132 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. Provided^ That the summons may be served either on the 

president or treasurer. 
Additional * Sec. 4. Tiie said corporation, in addition to the powers 
powers. heretofore conlerred, shall have the further power and author- 

ity to lease, from the States of Illinois and Indiana, such 
amount oi water-power as they may need, and on such terms 
as may be agreed on by the said States and said company, and 
to tap the pool of the dam at the Grand rapids, at Palmyra 
creek, oi" any convenient point, and to continue their canal, 
forebay, aqueduct, or rare-dam the river, to any point above 
the mouth of Great-house creek, and use the said water- 
power at any place or places, within this distance, as they 
may procure by purchase, donation, or otherwise; and may 
also use so much of the water of Palmyra creek, below Dan- 
forth's mill, as they may desire to use: ProiJtt/erf, That the 
provisions of this act, and all others on this subject, shall be 
construed to apply to all of that tract of country situate 
between the Little Rock rapid and the mouth of Great- 
Proviso, house creek, and none other: Provided, That nothing here- 
in contained shall be so construed as to give the corporation 
the right to a lease of water without regard to quantity or 
terms; but the quantity of water, and the terms of the lease, 
shall be the subject of contract between the parties, as though 
the power to lease hr.d not been conferred. 

Sec. 5. The president and directors shall open a column 
in their book for the citizens of Mount Carmel, and all 
others choosing to do so, to subscribe any sum of money as 
stock that they may wish, for draining and otherwise improv- 
ing the Wabash bottom, at any place or places between the 
lyittlc Rock rapid and the mouth of Great-house creek, and 
for grading the river bank so as to improve the steamboat 
landing, at any point or points above the railroad depot at 
Mount Carmel; and to do and perform such other things or 
acts as may be conducive to the improvement of the health of 
the country aforesaid. It shall be the duty of the company 
aforesaid to subscribe, out of the profits accruing to them by 
virtue of their incorporation, a sum equal to the whole amount 
paid in by individuals, if the said sum shall not exceed five 
thousand dollars; which sum shall be in lieu of any taxes charg- 
ed, or to be charged, on said corporation; and the money so 
paid by individuals, and so subscribed by the corporation, 
shall be faithfully and speedily applied for the objects and 
purposes defined as aforesaid, and none other; for which pur- 
pose the said corporation is authorized to enter upon the com- 
mons of Mount Carmel, and take and use any dirt, clay, or 
other material, which may be useful in the work aforesaid. 
May hold land ^^^' ^^' ^^id company shall have power to purchase and 
hold such land, not exceeding in all six hundred and forty 
acres, as may be necessary for the improvement of the health 
of the people, by draining the Wabash bottom or otherwise, 
or for the running, using, or propelling, any manufacturiDg mills. 



Separate col- 
umn in stock 
book. 



Wiibas.h bot- 
tom. 



Railroad de- 
pot. 






INCORPORATION LAWS OF ILLINOIS. I33 

or any and every description of machinery whatever, that 
said company may desire to construct or use; and said compa- To lease wa- 
ny arc hereby authorized to lease and employ so much water '«"■• 
as they may need in, for, and about, any such machinery as 
they may have constructed. All lands owned by said corpora- 
tion shall be deeded to the president and directors of said cor- 
poration; and all deeds from the corporation shall be executed 
by the president and, a majority of the directors. 

Sec. 7. Said company, in making any of the improvements 
by canal or otherwise as aforesaid, are hereby authorized and 
empowered, by and with the consent of 1:he proper persons, to 
enter upon, appropriate, and use, for the aforesaid purposes, f''^"''^°',"P'^'^' 
so much of the said land within the limits of Mount Carmel ptoses! ^"' 
as was set apart and reserved by the original proprietors there- 
of for canal purposes; and also to use and appropriate so much 
of said canal reserve as may be needed for sites for mill-houses, '^iH-hausrs. 
or any other houses or buildings which may be wanted in 
order to obtain the full benefit of any water-privilege grow- 
ing out of such improvement or improvements, or obtained by 
leases from the State. 

Sec. 8. The said corporation shall have the pow er to con- Further pow- 
tract and be contracted with; and, in reference to its business,^"- 
the management and use of its funds, shall have and enjoy the 
same rights and powers as a natural person; and the first 
section of the supplemental act herein recited is hereby re- 
pealed. 

Sec. 9. Should any excavation, authorized to be made 
by the corporation aforesaid, injuriously affect any State or 
county road, or any street through town, it shall be the duty . 
of said company, by good and lasting bridges, or otherwise, to 
make a safe, easy, and free communication across or along 
said road or street. 

Sec. 10. This charter may be repealed at any time after Charter may 
fifty years, and not before, if the Legislature shall think that ^e repealed, 
it is not beneficial to the interests of community at large; but 
a reasonable time shall be given, previous to any repeal as 
aforesaid, for the company to collect their debts, and dispose 
of their property: Provided, however. That the State shall not Proviso, 
be liabb for any damages occasioned by revoking the charter 
as aforesaid. 

Sec U. This shall be deemed and taken to be a public Term of office, 
act, of which the courts shall, ex officio, take notice for all pur- 
poses whatever. The president, treasurer, and directors, shall 
hold their oftices for one year, and until their successors are 
duly elected and qualified. 

Sec. 12, Nothing in this act, or in the acts to which this j^^^^^.^^^^^,, 
is supplemental, shall be so construed as to authorize and em- of Indiana. 
power the said company, theii- successors or assigns, to inter- 
fere with, or in anywise to hinder or obstruct, the improve- 
ments to be located and constructed by the States of Indiana 
and Illinois on the Great Wabash river; or to take, use, or 



134 INCORPORATION LAWS OF ILLINOIS. 

diminish, the water-power and hydraulic privileges thereby 
created; or lessen the advantages arising, or to arise, to the 
said States from the construction of said improvements, othsr- 
wise than by leasing said water-power or hydraulic privileges 
of the said State, or any part thereof, of the said States, as 
provided for in this act. 

Sec. 13. It shall not be lawful for any corporation, cotrv- 
pany, or individual, to obstruct, injure, or in anywise to inter- 
fere with, the improvements to be located and constructed by 
the States of Illinois and Indiana on the said Wabash river; 
or in any manner to use, or diminish, the water-power and 
hydraulic privileges thereby created, or made available, with- 
out having first obtained a legal grant, lease, or permit, for 
so doing, from the proper authorities of the said States; 
and it is hereby made the express duty of the Board of Com- 
missioners of Public Works of the State of Illinois, in the lo- 
cation and construction of the improvements at the Grand 
rapids of the said river, to provide and keep in repair, for the 
use of at least an equal proportion of said water-power and 
hydraulic privileges, within the limits of Illinois; and shall 
construct and keep in repair suitable side-cuts, canals, culverts, 
and locks, or other devices, within the Stato of IlUnois, for 
that purpose; and may authorize and permit any such cor- 
porations, companies, or individuals, to construct, provide, and 
keep in repair, under the direction of the said Board of Pub- 
lic Works, any side-cuts, canals, culverts, lock, or other deWce, 
necessary for the safe, convenient, and economical use of so 
much of said water-power as may be leased by them from the 
said States. 
Com'vs P. w. Sec 14. The Board of Commissioners of Public Works 
may lease wa- of Illinois, in conjunction with the Board of Internal Improve- 
ments, or other competent authorities of Indiana, are hereby 
authorized to lease out, from time to time, such portions of the 
said water-power and hydraulic privileges, and ou such terms 
as will best promote the interests of the said States, and as 
may be mutually agreed upon, to such individuals, companies, 
or corporations, as may wish to lease the same for actual use 
and occupation. 

Approved, February 27, 1839. 



te: 



^" no^'%fn^' ^^ ACT cf incorporation of the Fulton County Mutual Fire Insurance 
~°-> *''39- Company. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly^ That John W, Shinn, 
William V. Cogswell, Thomas J. Little, Joel Wright, Augus- 
tus L. Davidson, George W. Gould, Jonathan Caykendall, 
Luke Webster, Priam B. Hill, Daniel W. Vittum, Thompson 
Maple, H. Snow, John G. Piper, and all other persons who 
may hereafter become members of said company in the man- 



INCORPORATION LAWS OF ILLINOIS. 135 

ner herein prescribed, be, and they arc hereby, incorporated Rody politic, 
and made a body pohtic, by the name of "The Fulton County Name & style. 
Mutual Fire Insurance Connpany," for the purpose of insuring 
their respective dwelling-houses and other buildings, with 
their contents, against loss or damage by fire, whether the 
same shall happen by accident, lightning, or by any other 
means, excepting that of design in the insured ; and, by that Powers 
name, may sue and be sued, plead and be impleaded, appear, 
prosecute, and defend, in any court of record or other place 
whatever; may have and use a common seal; may purchase 
and hold such real and personal estate as may be necessary to 
effect the objects of their association; and they may sell and 
convey the same at pleasure; may make and estabhsh, and 
put in execution, such by-laws, ordinances, and resolutions, not 
being contrary to the laws of the State, as may seem neces- 
sary or convenient for their regulation and government, and 
for the management of their affairs; and do and execute all 
such acts and things as ma_y be necessary to carry into full 
effect the purposes intended by this grant. 

Sec. 2. All and every person or peisons who shall at any Persons insur- 
time become interested in said company by insuring therein, j"?*"^^""*^™" 
and also their respective heirs, executors, administrators and 
assigns, continuing to be insured therein as hereinafter pro- 
vided, shall be deemed and taken to be members thereof for 
and during the times specified in their respective policies, and 
no longer, and shall at all times be concluded and bound by 
the provisions of this act. 

Sec. 3. That the said company may, as soon as ten thou- When conipa- 
sand dollars shall be subscribed, to be insured, and they are "J ™^y ensure 
hereby authorized to insure, for the term of from four to five 
years, any dwelling-house or other buildings, together with its 
contents, within the county of Fulton, or any other county in 
the State of Illinois, against damage arising to the same by 
fire originating in any cause except that of design in the in- Exception, 
sured, and to any amount, not exceeding three-fourths of the 
value of any building; and in any case any member shall sus- 
tain damage by fire over and above the then existing funds of 
the said company, the directors may assess such further sum 
or sums upon each member as may be in proportion to the 
sum by him insured, and the rate of hazard originally agreed 
upon: Provided, nevertheless, That no member, during the 
term of five years, shall be held to pay, by way of assessment, 
more than two dollars for each dollar by hirh advanced as pre- 
mium and deposite. 

Sec. 4. That the moneys advanced by each person insured Moneys, how 
shall, within sixty days after such advancement, be vested in disposed of. 
notes and bonds secured by mortgages, at the discretion of 
the president and directors; and the proceeds of the same shall 
be appropriated and applied to pay the damages or loss that 
any member shall sustain by fire, and to defray the expenses of 
the company; and each of the insured shall, at the expiration 



I 



136 INCORPORATION LAWS OF ILLINOIS. 

of his policy or policies, have a right to demand and receive 
from the company his share of the remaining funds, in propor- 
tion to the sum or sums by him actually paid. 
Time & place 8^0. 5. There shall be a meeting of said company at 
nuolly!^"^ '^"" ^^'^^°"' ^'^ ^^^ county of Fulton, on the first Monday of May 
annually, or on such other day as the said company may here- 
after determine; at which shall be chosen, by a majority of 
™'^^'' °'^^''' the members present, aboard of directors consisting of not 
more than nine nor less than five members, who shall con- 
tinue in office until others shall have been chosen and accept- 
. cd the trust in their stead. All vacancies happening to said 

how filled.' board may be filled by the remaining members until the next 
annual meeting; and a majority ot the whole number shall 
constitute a quorum for the transaction of business. Special 
Special meet- meetings of the company may be called by order of the di- 
ings. rectors, or in such manner :is the by-laws thereof may have 

prescribed. 

Sec, 6. The board of directors shall superintend the con- 
cerns of said company, and shall have the arrangement of the 
funds and property thereof, and of all matters and things there- 
unto relating, not otherwise provided for by said company. 
May appoint They shall have power, from to time, to appoint a secretary, 
officers. treasurer, and such other officers, agents, and assistants, as 

to them may seem necessary; and to prescribe their duties, fix 
their compensation, (ake such security from them as they may 
deem necessary for the faithful performance of their respec- 
livo duties, and may remove them at pleasure. They shall 
determine Ihe rates of insurance, the sum to be insured on any 
building, not exceeding three-fourths of its value, and thesun> 
to be deposited for their insurance thereof. They shall order 
and direct the making and issuing of all policies of insurance, 
the providing of books, stationery, and other things needful 
for the office of said company, and for carrying on the aflfairs 
thereof; and draw upon the treasurer for the payment of all 
losses which may have happened, and for the expenses incur- 
red, in transacting the concerns of said company. They shall 
resident. elect one of their own number to act as president, and may 
hold their meetings monthly, or oftener if necessary, for trans- 
acting the business of the company, and shall keep a record 
of their proceedings; and any director, disagreeing with a ma- 
jority of the board at any meeting, may enter Lis dissent, with 
the reasons therefor, on record. 
In case ofloss Sec. 7. That in case of any loss or damage by fire hap- | 
or damage, pcning to any member upon property insured in and with said 
company, the said member shall give notice thereof, in writ- 
ing, to the directors, or some one of them, or to the secretary 
of said company, within sixly days from the time such loss or 
damage may have happened; and the directors, upon a view 
of the same, and inquiry into the circumstances, or in such 
other way as they may deem proper, shall ascertain and deter- 
mine in writing, under their hands, the amount of said losi or 



INCORPORATION LAWS OF ILLINOIS. I37 

damage; and if the party suffering is not satisfied with the 
determination of the directors, the question may be submitted 
to referees; or the said party, within one year next after such 
determination be made known by said directors, may bring an 
action at law against said company for such loss or damage, 
at any court to be holden in and for the county of Fulton; and 
if, upon the trial of said action, a greater sum shall be reco- 
vered than the amount determined upon by the directors, the 
party suffering shall have judgment therefor against said com- 
pany, with interest thereon from the time said loss or damage 
happened, and costs of suit. But if no more shall be recovered 
than the amount aforesaid, the said party shall become non- 
suit, and the said company shall recover their costs: Provided, TToviBo. 
however, That the judgment last mentioned shall in nowise 
affect the claim of said suffering party to the amount of the 
loss or damage as determined by the directors, aforesaid: And 
provided, also, That execution shall not issue on any judgment 
against said company until after the expiration of three months 
from the rendition thereof. 

Sec. 8. That so soon as the amount of the company's lia- 
bility shall be ascertained in either of the ways mentioned in 
this act, (and the funds on hand not being sufficient,) the said 
directors shall make an assessment upon the members of the Assessment, 
said corporation agreeably to the principles of this act, an,d 
deliver the same to the treasurer of said company to collect. 

Sec 9. That whenever the said company sliall make insu- 
rance upon any dwelling-house or other building, the said 
dwelling-house or other building insured, together with the 
land under the same, shall be held by the said company as 
security for the sum of the deposite money required to be paid 
or secured upon such insurance, together with such assessment 
or assessments as the member of said company thus insured 
shall be liable to pay. And the policy of insurance to any 
member upon his said dwelling-house or other building shall ^"^1^"'"^°?^^^ ^u 
of itself, from the time it issued, create a lien upon such dwel- property, 
ling-house or other building, and the land under the same, to 
the amount of the sum of such deposite money and any assess- 
ment or assessments which may be made upon the insured as 
a member of said company, and the cost which may accrue 
in collecting the same, without any other act or ceremony in 
law whatever; and said lien shall continue and be in force 
upon such dwelling-house or other building insured, with the 
laud under the same, for the security to the said company of 
the payment of said deposite money, and the assessment or 
assessments upon the member so insured, with costs, until the 
said deposite money, with the sum or sums of said assessments, 
shall be paid or otherwise satisfied to, or released by, said 
company, notwithstanding any transfer or alienation thereof: 
Provided, nevertheless. That nothing herein contained shall Proviso, 
restrict said company from receiving any other security in lieu 
of said lien for said deposite and assessments, upon which 



138 



INCORPORATION LAWS OF ILLINOIS. 



Neglect to 
pay assess- 
ment. 



May be sued 
by company. 



Execution. 



Right of re- 
demption. 



'roviso. 



Time of pay- 
Dient of losses 



their authorized agents and the insured may agree: And pro- 
vided, alsoy That in all cases where the said company rely 
upon the security of the lien created by the policy, it shall be 
expressed in said policy that the insurance is made upon the 
said dwelling-house or other building insured, subject to the 
lien created by law. 

Sec. 10. That if any member of said company, who shall 
obtain insurance of his dwelling-house or other building, sub- 
ject to the lien aforesaid, or, in case of his decease, his legal 
representatives, shall neglect, for the space of thirty days next 
after demand made by the authorized agent or agents of said 
company, (which demand may be in such manner as said com- 
pany shall in their by-laws direct,) to pay the sum of the de- 
posite money upon the insurance of his dwelling-house or other 
building, or any assessment or assessments made upon him as 
a member of said company, he shall be liable to the suit of 
the company therefor in r.n action of the case in any court of 
competent jurisdiction; and the said company, having obtained 
judgment and execution for the amount of such depositc 
money, assessment or assessments, may at their election cause 
the said execution to be levied upon the said dwelling-house 
or other buildings insured, with the land under the same; and 
the officer having said execution shall proceed to satisfy the 
same by sale and conveyance of said dwelling-house or other 
buildings, with the land under the same, in the same manner, 
and after the like previous advertisement and notice, as is provid- 
ed by law where the right of redeeming real estate is sold which 
has been conveyed in mortgage, saving to the owner or owners 
of such dwelling-house or other building, with the land under 
the same, the right of redemption, at any time within one 
year from the time of sale, by paying the purchaser, or any 
under him, the sum for which it was sold, and interest at the 
rate of twelve per cent., deducting therefrom the rents and 
profits over and above the necessary repairs: Provided, hoxv- 
ever, That in case of the alienation and transfer, by deed or 
record, of any dwelling-house or other building insured, with 
the land under the same, previous to the levy of said execu- 
tion, notice of the intended sale shall be given by the officer 
to the owner thereof, or his tenant in possession instead of the 
debtor in said execution; and the excess of money, if any shall 
arise from any sale as aforesaid beyond satisfying the debts 
and costs and necessary intervening charges, shall be returned 
by the officer to the debtor in the execution, (or, in case of an 
alienation by him as aforesaid, to the owner thereof,) at the 
time of the levy of said execution. 

Sec. 11. The directors shall settle and pay losses within 
three months after they shall have been notified as aforesaid, 
unless they shall judge it proper, within that time, to rebuild 
the house or houses destroyed, or repair the damages sustain- 
ed, which they are hereby empowered to do in convenient 
time : Provided they do not lay out and expend in such build- 



INCORPORATION LAWS OF ILLINOIS. 139 

ing or repairs more than the sum insured on the premises; but 

no allowance is to be made, in estimating damage in any case, Arucloe ox- 

r ii- i-.-i 11 •• " ^ 1 tmpted from 

lorgilumg, nistoncal or landscape pam ting, statue or carved jnsurxnce. 
work, nor are the sanie to be replaced if destroyed by fire. 

Sec. 12. If any alteration should be made in any house or Alteration in 
building by the proprietors thereof, after insurance has been t'"i''^i"g8- 
made thereon by said company, whereby it may be exposed 
to greater risk or hazard from fire than it was at the time it 
was insured, then, and in every such case, the insurance made 
upon such house or building shall be voiJ, unless an additional 
premium and payment, after such alteration, be settled with 
and paid to the directors: but no alterations or repairs in 
buildings, not increasing such risk or hazard, shall in anywise 
affect the insurance previously made thereon. 

Sec. 13. If insurance on any house or building shall be In3urance in 

and subsist in said company and in any other office, or from '«'" offices at 

J 1 , , i. J 1,1 i- iU „ same time, 

and by any other person or persons at the same time, the 

insurance made in and by said company shall be deemed 

and become void, unless such double insurance subsist with the 

consent of the directors, signified by endorsement on the back 

of the policy, signed by the president and secretary. 

Sec. 14. That any two of the persons herein named are Meeting of 
hereby authorized to call a meeting of the members of said members, 
company at Canton, at such time as they shall think fit, by ad- 
vertising the same in the newspaper printed at Canton, four- 
teen days, at least, previous to said meeting. 

Sec. 15. This act shall be a public act, and shall be con- Public act. 
strued liberally in all courts for the purposes hereinbefore 
expressed. 

Approved, February 28, 1839. 



AN ACT to incorporate the Hamilton Seminary. jn force, Feb. 

28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That S. M. Hurd, Wil- 
liam Hamilton, Samuel L. McGill, Thomas McDow, Tarlton 
F. Brock, and John D. Gillam, are hereby constituted and de- Body corpor- 
clared a body politic and corporate by that name, to have V^^^-^oyieTs 
petual succession; to sue and be sued, pleading and being im- 
pleaded; of acquiring, holding, and conveying property, both 
real and personal; of making contracts in execution of the pow- 
ers hereby conferred; and of having and using a common seal; 
and with power to make and ordain such by-laws, rules, and re- 
gulations, as shall be deemed needful and proper for the go- 
vernment of said institution, together with all donations which 
have been made by Silas Hamilton for the purpose of erect- 
ing a seminary of learning, and providing for the support 
thereof, in the co\inty of Greene: Provided the same be not Proviso, 
inconsistent with the laws of this State. 



140 



INCORPORATION LAWS OF ILLINOIS. 



Location. 



Donations. 



Trustees may 
loan money. 



Government 
of institution. 



Annual elec- 
tion. 



Course of stu- 
dies. 



Secretary and 
reasurer. 



Sec. 2. The said seminary incorporated by this act is now- 
located in the county of Greene, and known by the name of 
"The Hamilton School-house," and shall be permanently lo- 
cated there; and t-lie powers and privileges hereby conferred 
shall be exeicised and employed for the sole purpose of estab- 
lishing a seminary of learning, and promoting education agree- 
able to the objects of the donation made by said Silas Ham- 
ilton, as well as generally to promote the objects of this act; 
and all gifts, grants, and donations, which have herelofore, 
and which may hereafter, be made for the' purpose of es- 
tablishing a seminary of learning as aforesaid, shall be receiv- 
ed anH held by the trustees of said seminary, and the proceeds 
thereof saall be appropriated in such manner as shall best pro- 
mote the objects of this act, and advance the prosperity of 
the said institution. That all donations which have or may 
be made for a particular purpose expressed in the grant, and 
accepted by the trustees of said seminary, shall be applied in 
conformity with the design of the donors; and, if not incon- 
sistent with the objects of any such donations, it shall be loaned 
out by the trustees, at such rate of interest as is now allowed 
to be taken by individuals. 

Sec. 3. The affairs of said institution shall be governed 
by five trustees; one of their number they shall elect presi- 
dent, who shall hold their office for one year, and until others 
are elected and qualified; and an election shall be held at 
said seminary on the first Monday in June next, and on the 
first Monday in June in each year thereafter, for the election 
of five trustees; and all persons entitled to vote for members 
of the General Assembly, residing in the same township in 
which said seminary is situated, may vote for said trustees; 
and a majority of trustees, when thus elected, shall constitute 
a quorum for the transaction of business. 

Sec. 4. Any three of the persons named in this act may act 
as judges of said election for trustees; and thereafter the trus- 
tees may make such regulations in regard to conducting the 
election of trustees as they may see proper. 

Sec. 5. The trustees of said corporation shall have au- 
thority, from time to time, to prescribe and regulate the stu- 
dies to be pursued in said seminary ; to fix the rate of tuition 
and other academical expenses; to appoint instructors and 
such other officers and agents as may be necessary in manag- 
ing the concerns of the institution; to define their duties, to 
fix their compensation, and to displace or remove them; to 
erect any necessary buildings; to purchase books, chemical 
and philosophical apparatus, and other suitable means of in- 
struction. 

Sec. 6. It shall be the duty of said trustees to appoint a 
secretary and treasurer, the treasurer to give bond, with suffi- 
cient security, in such penal sum as the board of trustees may 
prescribe, conditioned for the performance of such duties as 
the by-laws may require of him. 



INCORPORATION LAWS OF ILLINOIS, 



141 



Sec. 7. Thesaid institution shall be open to all dcnomina-I"B<itutioti 
tions of christians, and the profession of any particular reli-"''^" '°'^"- 
gious faith shall not be necessary of those who become stu- 
dents; all persons, however, may be suspended, or expelled Expulsion of 
from said institution, by the trustees thereof, whose habits are studenta. 
idle or vicious, or whose moral character is bad. 

Sec. 8. The real estate owned by said institution at any 
one time shall never exceed two hundred acres. This act to 
take effect from and after its passage. 

Approved, February 28, 1839. 



AN ACT to incorporate the Warsaw Marine and Fire Insurance Com- In force, Feb. 

pany. 28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That there shall be estab- 
lished, in the town of Warsaw, in the county of Hancock, Name. 
an insurance company, to be called "The Warsaw Marine and 
Fire Insurance Company.'' 

Sec. 2. All such persons as shall hereafter be stockhold- bqJ- politic, 
ers of said company shall be, and they arc hereby, declared 
to be a body corporate and politic, by the name and style of 
"The Warsaw Marine and Fire Insurance Company," and to 
continue for twenty years from and after the passage of this 
act; and, by that name and style, shall be competent to con- 
tract and be contracted with, and be capable, in law and 
equity, to sue and be sued, to plead and be impleaded, and 
answer and be answered unto, defend and be defended, in all 
courts and places, and in all matters whatsoever. 

Sec. 3. The said corporation may have and use a com- 
mon seal, which they may alter, change, or break, at plea- ^ ''"^' 
sure; and may establish and put in execution such by-laws, 
ordinances, and regulations as shall, in their opinion, be 
necessary for the good government of said corporation, and 
the prudent and efficient management oi its officers [affairs.] 
No by-laws, ordinances, or regulations of the same shall be in 
anywise contrary to the constitution and laws of this State or 
of the United States. 

Sec. 4. The capital stock of said company shall be one jioo,ooo cap- 
hundred thousand dollars, to be divided into shares of fifty ital etook. 
dollars each, to be paid in such instalments as the directors 
chosen under this act may from time to time direct, under ' 
such penalties as the president and directors may in their dis- 
cretion appoint and order. That said capital stock may here- 
after be increased to an amount not exceeding two hundred ^^^ j^^j^. 
thousand dollars, in the discretion of a majority of the direc- creased to 
tors of said corporation, to be subscribed for and taken under $^00,0C0. 
the direction and superintendence of the president and direc- 
tors aforesaid, or a majority of said directors, by any person 
whomsoever, in the same manner as is provided for the sub- 



142 INCORPORATION LAWS OF ILLINOIS. 

scription of the original capital stock. The stock of said 
corporation shall be assignable and transferable, according to 
such rules as shall be adopted in that behalf, by the by-laws 
and ordinances thereof. 
To insure. ^^c. 5. The corporation hereby created shall have power 

and authority to make nnarine insurance upon vessels, goods, 
and merchandize, freight, moneys, bottomry, respondentia, 
interest, and on all marine risks and inland navigation and 
transportation, and against all losses, by lire, of any building 
or houses whatsoever, and vessels on the stocks; and also to 
receive moneys on deposite, and to loan the same on bottomry 
and respondentia, or otherwise, at such rates of interest, not 
exceeding eight per cent., as may now be done by the exist- 
ing laws of this State; and they may also cause themselves 
to be reinsured against any maritime risk upon which they 
have made insurance, and upon the interest which they may 
have in any vessels, goods, or merchandize, or houses, in virtue 
of any such loans, whether on bottomry or respondentia, or 
otherwise, on such terms and conditions as may be agreed 
upon by the parties; and to fix the premiums and terms of 
payment. 
Policies how ^^c. 6. All policies of insurance by them made shall be 
executed. .signed by the president, or, in case of his death or absence, 
by the vice president, and countersigned and sealed by the 
secretary of said company; and all losses arising under any 
policy so subscribed and sealed may be adjusted and [paid] 
by the board of directors. 
No policy to Sec. 7. The said company shall not take any risk nor 
issue till one- subscribe any policy, by virtue of this act, until one-fourth 
be"'^aid'in°''^ part of the capital stock thereof shall have been actually 

paid in. 
Shall not Sec. 8. The said company shall not directly or indirectly 

trade. deal Or trade in buying or selling any goods, wares, or mer- 

chandize whatever; but the president and directors may, at 
their option, vest the capital stock of said corporation in the 
Capital stock capital stock of any incorporated bank, trust company, or 
may be vested, pyjjii^ funds of the United States, or any State in the Union. 
They shall have power, also, to loan to any citizen of this 
State any portion of their capital stock, not exceeding ten 
thousand dollars to one individual, on bottomry, bond, mort- 
gage of real estate, or other satisfactory security, at their 
discretion. 
Real estate Sec. 9. The said corporation may purchase and hold such 
«%'ooo^'^'^^'^ real estate as may be deemed necessary for the transaction of 
" ' ' its business, and to an amount at any one time not exceeding 
twenty thousand dollars; and to take and hold any real estate 
as securities, mortgaged or pledged to the said corporation, 
to secure the payment of any debt due to it; and also to pur- 
chase on sales made by virtue of any judgment at law, or 
any decree of a court of equity, or otherwise; to take and 
receive any real estate in payment, or towards satisfaction, 



INCORPORATION LAWS OF ILLINOIS. 143 

of any debt previously contracted or due to the said corpora- 
tion; and to hold the same until they can conveniently and 
advantageously sell and convert tiic same into nnoney, or 
other personal property; and to sell and convey said real 
estate or any part thereof. 

Sec. 10. L. Allen Key, John Montague, William !{. Roose- When corn- 
velt, J. D. Millon, C. A. Warren, Mark Aldrich, and John ""«««"«"'« 
R. Wilcox, are hdreby appointed commissioners for superin- subscription. 
tending subscriptions to said capital stock; and the said com- 
missioners, or a majority of them, shall open one or more 
subscription books for said stock, on the first Monday of Sep- 
tember, in the year of our Lord one thousand eight hundred 
and thirty-nine, in the town of Warsaw, and such other place 
as they may think proper; and the sum of two dollars on 
each share subscribed shall be paid to said commissioners at 
the time of making such subscriptions. The books may be 
closed when the whole of said stock shall be subscribed; and 
whenever a board of directors shall be duly elected, the said 
commissioners shall deliver over to the said board of direc- 
tors said books, and shall pay over to said board the whole 
amount of money by them respectively or jointly received, ex- 
cept so much as shall be retained for expenses incurred by them 
in executing the duties imposed on them by this act: Provided, ProWso. 
however, That if the books for the subscription of stock shall 
not be opened at the time herein required, the said commis- 
sioners may open the books at any time thereafter, upon giv- 
ing twenty days' notice in all the newspapers printed in War- 
saw, or other place where the books shall be opened, ol the 
time and place of opening the same. 

Sec. 11. In case of the death, resignation, or absence of Vacancy, 
any of the commissioners named in this act of incorporation 
it shall and may be lawful for any three of them to form a 
quorum, and proceed to business, whose duties shall be the 
same in the premises as those prescribed to the whole of said 
commissioners by this act of incorporation named; and their 
acts as such shall be legal. 

Sec. 12. The stock, property, and concerns of said in^Ninedirectors 
corporation shall be managed and conducted by nine direc-^°^^^""'^°"" 
tors, who shall hold their offices for one year, and until others 
shall be chosen, and no longer, and shall at the time be citi- 
zens of this State, and holders, respectively, of not less than 
ten shares of the capital stock of said company. 

Sec. 13. The first election of directors under this act shall f/'^'Jre^joJg^'* 
be held at such time and place, in the town of W arsaw, as 
shall be directed by said commissioners, or a majority of them, 
who, or a majority of them, are hereby appointed inspectors 
of said election; and the persons thus elected as directors 
shall hold their offices for one year, and until others are 
elected in their stead. 

Sec 14. The directors for every subsequent year shall 
be elected at such place in the town of Warsaw, and under 



144 



INCORPORATION LAWS OF ILLINOIS. 



Elections by 
ballot. 



Vacancies, 
low filled. 



Election of 
president. 



Directors to 
appoint a sec- 
retary and 
other officers 



Board to do 
business. 



Amount of 
stock to be 
published an 
nually. 



Expenses, 
how paid. 



Dividends. 



the direction of such persons as shall be appointed bj the 
directors for the time being for that purpose. 

Sec. 15. All elections shall be by ballot, allowing one 
vote to each share of the capital stock; and the nine persons 
who shall receive the highest number of votes shall be direc- 
tors; and if, at ciny election, two or more persons shall have 
an equal number of votes, so as to leave their election unde- 
cided, then the directors who have been duly elected shall 
proceed to ballot, and, by a plurality, determine which of 
said persons so having an equal number of votes shall be 
director or directors, so as to complete the whole number: 
and when any vacancy shall happen for the office of presi- 
dent and vice president, or directors, from death or other 
cause, such vacancy shall te filled, for the rernainder of the 
year in which it shall happen, by the directors for the time 
being, or a majority of them. The said commissioners shall 
certify, under their hands and seals, the persons elected, and 
deliver to each a certificate of his election. 

Sec. 16. The directors when chosen shall meet as soon 
as may be, after every election, and shall choose cut of their 
number a president, who shall be sworn, or affirmed, faithfully 
to discharge the duties of the office, and shall preside for one 
year, and until another person shall be chosen in his stead; 
and also a vice president for the same time. They shall have 
power to appoint a secretary, and all subordinate officers of 
said corporation, fix their compensation, define their powers, 
• and prescribe their duties; who shall give such bond, and in 
such penal sums, with such conditions, and with such securi- 
ties, as the said directors shall prescribe, and hold their seve- 
ral offices during the pleasure of a majority of said directors. 

Sec. it. The president, or vice president, and four direc- 
tors shall be a board competent to the transaction of business; 
and all questions shall be decided by a majority of votes. 

Sec 18. The president and directors of said company 
shall, previous to subscribing and policy, and once in every 
year thereafter, publish, in two of the newspapers printed in 
this State, the amount of their capital stock, against what 
ri?ks they mean to insure, and the largest sum they mean to 
take on any risk. 

Sec. 19. The Legislature of this State shall never pass 
any law retarding or obstructing, or in anywise suspending, 
the collection of any debtor debts due said corporation. 

Sec. 20. The expenses incurred by the commissioners in 
executing any duties required by this act shall be paid out of 
the moneys received by them from the subscribers, out of the 
capital stock, and may be retained by them for such purposes. 

Sec. 21. It shall be the duty of the directors of said com- 
pany, at such times as the by laws shall prescribe, to make 
dividends of so much of their interest arising from the capital 
stock, and the profits of said company, as to them shall ap- 
pear advisable; but the money received and notes taken /or 



INCORPORATION LAWS OF ILLINOIS. 



145 



premiums or risks which shall be undetermined, and out- Statement of 
standing atlhe time of making such dividends, shall not be P"^"^^'" 
considered as part of the profits of said company; and in 
case of any loss or losses whereby the capital stock of said 
company shall be lessened, each proprietor or stockholder's 
estate shall be held accountable for the instalments that may 
remain unpaid on his share or shares at the time of such loss 
or losses taking place; and no subsequent dividend shall be 
made until the sum arising from the profits of the busin*'ss of 
said company, equal to the diminution, shall have been added 
to the capital stock; and once in every three jears, and 
oftener if required by a majority of the votes of the stock- 
holders, the directors shall lay before the stockholders, at a 
general meeting, an exact and particular statement of the 
profits, if any there be, after deducting losses and dividends. 

Sec. 22. This act is hereby declared to be a public act, 
and shall take effect from and after its passage, and shall be 
liberally construed for every purpose herein contained. 

Sec. 23. This charter shall be void and of no effect, un- What will 
less the stock shall be subscribed, and the company shall com- ^^rter" ^^^ 
mence operations agreeably to the provisions thereof, within 
three jears from the passage of this act. 

Sec. 24. Nothing in this act contained shall confer on ^^ banking 
said corporation banking powers, or authorize it to issue gj^ 
notes in the similitude of bank notes, to be issued as a circu- 
lating medium in lieu of money. 

Sec. 25. That in case of any loss or losses taking place Stockholders' 
which shall be equal to the amount of the capital stock of -^ pertain 
said company, and the president and directors, after knowing cases. 
of such loss or losses having taken place, shall subscribe to 
any policy of insurance, their estates, jointly and severally, 
shall be accountable for any and every loss which shall take 
place under policies subscribed ; and the estates of stockhold- 
ers as aforesaid shall be liable* for any losses equal to the 
amount of said capiial stock subscribed, and not actually paid 
in, in all cases of losses exceeding the means of said compa- 
ny, whether they consist of stock paid in or profits not di- 
vided. 

Appkoved, February 28, 1839. 



AN ACT to incorporate the Springfield Academy, in the county of In force, Mar. 

Sangamon. 1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Washington lies, 
F. Webster, jr., Stephen T. Logan, John F. Rague, Nicholas 
H. Ridgeley, Robert Allen, and Charles R. Matheny, and their 
associates, be, and they are hereby, created a body corporate. Body politic, 
by the name and style of "The president and trustees of the Name &. style. 

K 



146 



INCORPORATION LAWS OF ILLINOIS. 



Powers. 



Stock. 



Proviso. 



Management 
of concerns. 

Quorum. 



President. 
Vacancies. 

Officers. 
Bj-lawa. 



Deeds, how 
made. 



Trustees. 



Springfield Academy;" by which name they shall have suc- 
cession for twenty years, with power to acquire, purchase, 
receive, possess, hold, retain, and enjoy to themselves and their 
successors, property, real, personal, and mixed, and the same 
to sell, grant, and convey, rent, or otherwise dispose of, at 
pleasure ; and they shall, by said name, have power to con- 
tract and be contracted witth, sue and be sued, plead and be 
impleaded, answer and be answered unto, defend and be 
defended, in all courts of competent jurisdiction; and may 
have and use a common seal, which they may alter or break at 
pleasure: Provided said corporation shall at no one time hold 
more than one acre of real estate. 

Sec. 2. The stock of said company shall consist of shares 
of fifty dollars each, to be subscribed for in the manner that 
the trustees shall prescribe, and which shall be deemed per- 
sonal property, and shall be transferable on the books of said 
corporation, in such manner as the board may direct: Provi- 
ded ihe capital stock shall not exceed the sum of twenty 
thousand dollars ; and that its funds, privileges, and rents 
shall be used for the purposes of education only. 

Sec. 3. The corporate concerns of said company shall be 
managed by a board of trustees consisting of seven members, 
who shall be stockholders ; any five of whom shall constitute 
a quorum for the transaction of business. They shall be 
elected by the stockholders on the first Monday in April next, 
and hold their offices for the term of two years, and until 
their successors are elected. The said trustees shall elect one 
of their number president of the board, and shall have power 
to fill vacancies in their own body. 

Sec. 4. The board of trustees shall have power to appoint 
officers and agents, and to make, pass, ordain, establish, and 
enforce, all such ordinances, rules, regulations, and by-laws 
as a majority of them shall from time to time deem necessary 
and expedient for the good government of said academy, its 
officers and agents, teachers and pupils, and for the manage- 
ment of the property and affairs of the said corporation. 

Sec. 5. All deeds or instruments of conveyance shall be 
made by a majority of the trustees, sealed with the seal of 
said corporation, if any they have, signed by the president, 
and by him acknowledged in his official capacity. 

Sec. 6. The abovcnamed persons shall be deemed trustees 
until others are elected ; and they are hereby empowered to 
appoint all necessary agents and officers, whose offices shall 
expire with their own. 

Sec. 7. Said academy shall be located in the town ot" 
Springfield, in the county of Sangamon. 

Approved, March 1, 1839. 



INCORPORATION LAWS OF ILLINOIS. 147 

AN AfcT to incorporate the Galena Chamber of Commerce. In force, Mar. 

1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly , That Horatio P. Newhall, 
R. W. Carson, G. W. Fuller, F. Stahl, and their associates 
comprising the Galena Chamber of Commerce, are hereby 
created a body politic and corporate, under the name and Body politic, 
style of "The Galena Chamber of Commerce," and, by that Name&,Biyle. 
name, may sue, and be sued, plead and be impleaded, receive 
and hold properly and effects, real and personal, by gift or Powere. 
devise, or purchase, and dispose of the same by sale, lease, 
or otherwise; said property so held not to exceed ten thousand 
dollars; nor shall said company hold real estate to an amount 
exceeding one hundred and sixty acres; may have a common 
seal, and alter the same from time to time; and make such rules 
and regulations and by-laws as may be within the scope of 
their association, and not contrarj'^ to the laws of the land. 

Sec. 2. That the rules and by-laws of the said association By-laws, 
shall be the rules and by-laws of the corporation hereby crea- 
ted until the same shall be regularly repealed or altered ; and 
that the present officers of the association shall be the officers 
of the corporation hereby created, until their respective 
offices shall regularly expire and be vacated. 

Sec. 3. An annual election shall be held for the officers Annual elec- 
of the said corporation, at such times and under such regula- 
tions as may be provided by the by- laws and ordinances of 
the corporation; and said corporation shall also have power to Vacancies, 
fill all vacancies which may occur in any of the offices by °"^ ® ' 
death, resignation, or otherwise. 

Approved, March 1, 1839. 



AN ACT relating to towns therein named. In force, Feb. 

26, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That the surveys, plats, 
certificates of surveys, and certificates of acknowledg- 
ments, with the records thereof, of Dresden andUtica towns, 
in the county of La Salle, heretofore made not in exact con- Surveys, plat* 
formity to law, shall be hereafter considered valid and sufficient 
in all cases whatever, any one or more of the provisions of 
the act, entitled "An act providing for the recording of town 
plats," to the contrary notwithstanding; as much so as if 
every requirement of said act had been fully and completely 
complied with in respect to said towns. 

Api'iijVED, February 26, 1839. 



148 



INCORPORATION LAWS OF ILLINOIS. 



In force, Feb. AN ACT to amend "An act to incorporate the Quincy, Griggsville, 
28 1839. Jacksonville, and Springfield Turnpike Company." 

Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That the tliird section 

Third section ol an act, entitled "An act to incorporate the Quincy, Griggs- 

of act repeal- ville, Jacksonville, and Springfield Turnpike Company," ap- 

*^- proved March 1, 1837, be, and the same is hereby, amended, 

so as to permit said company to commence the construction 

of the turnpike therein provided for at any time within five 

years, and to complete the same, as therein provided, in ten 

years, without forfeiting said charter, or rendering said act 

null and void. This act to be in force from and after its 

passage. 

Approved, February 28, 1839. 



In force Mar ^^ ACT to incorporate the Mount Carmel Grimke Literary 

J 1839 Association. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the officers and 
members of "The Mount Carmel Grimke Literary Associa- 
tion," and their successors, be, and they are hereby, consti- 
Body politic, tuted a body politic and corporate, by the name and style 
Name & style. j^fQj-ggjjj^j . .^^^j^ invested with all the rights, privileges, liabili- 
ties, immunities, incident to a corporate body. 
Object. Sec. 2. The objects of said association are and shall be to 

promote and encourage literature, and the mental and moral 
culture of its members; and they are authorized and em- 
powered to adopt and execute such measures, to effect said 
objects, as may be deemed most expedient. 

Sec. 3. The said corporation shall have power to establish 
By-laws. and change by-laws, and prescribe rules and regulations for 
the admission and dismission of its membei-s, and their govern- 
ment, and election of their officers and their duties, and the 
management of its property and affiiirs. 
Minors may Sec. 4. Minors shall be admitted members of the associa- 
te members, tion; and such honorary members may be elected as the 

association may think fit. 
Income not to Sec. 5. The annual income of the real and personal estate, 
$ , ^vhich the said corporation may hold, shall not exceed three 
thousand dollars. 
Act may be Sec. 6. The Legislature may at any time modify, alter, or 
repealed, j-gpeal this act, or any of its provisions, should the corpora- 
tion abuse any of its privileges hereby granted. 
Approved, March 1, 1839. 



INCORPORATION LAWS OF ILLINOIS. 149 

AN ACT to incorporate the Rock island Mutual Fire Insnrance In force, Mar. 

Company. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of fflinois, 
represented in the General Assembly, That Joseph Knox, 
P. Gref^rg, John S. Miller, Louis Wells, Lemuel Andrews, 
David Hawes, Nathaniel Belcher, Miles W. Conway, Henry 
Powers, and T. J. Spencer, and their associates, being owners 
of buildings, shall be a corporation, under the name of "The Body politic. 
Rock Island Mutual Fire Insurance Company," and enjoy all Name &, style- 
the privileges and powers incident to such corporation for 
twenty-one years from and after the passing of this act. 

Sec. 2. That for the well ordering and governing the 
affairs of the said corporation, they shall have power to choose Officers, 
a president, treasurer, and directors, to manage the concerns 
of the said corporation, and such other officers as they may 
deem necessary : Provided, however, That no policy of insu- Proviao. 
ranee shall be made by said corporation until the sum subscri- 
bed by the associates to be insured shall amount to the sum 
of twenty thousand dollars; .and at all meetings of said cor- 
poration every matter shall be decided by a majority of votes, 
each member having as many voles as he has policies, with 
the right of voting by proxy. 

Sec. 3. That the said corporation, as soon as the said 
twenty thousand dollars shall be subscribed, to be insured, and 
they are hereby authorized to insure, for the term of from Object of 
one to seven years, any mansion house or other building corporation, 
within the county of Rock Island; and also to insure house- 
hold furniture in any mansion house or other building within 
said county, against damage arising to the same by fire origi- 
nating in any cause, except that of design in the insured, and 
to any amount not exceeding three-fourths of the value of any 
building or the value of any household furniture; and in case 
any member shall sustain damage by fire over and above the 
then existing funds of the said corporation, the directors nnay 
assess such further sum or sums upon each member as may 
be in proportion to the sum by him insured, and the rate of 
hazard originally agreed upon: Provided, Tha-t no member, Prodso. 
during the term of seven years, shall be held to pay, by way 
of assessment, more than two dollars for each dollar by him 
advanced as a premium and deposite. 

Sec. 4. That the money advanced by each person insur- Capital stock 
ed shall, within sixty days after such advancement, be vested may be vested. 
in the stock of some incorporated bank. United States or State 
stocks, or notes and bonds secured by mortgages, at the dis- 
cretion of the president and directors; and the proceeds of 
the same shall be appropriated and applied to pay the damage proceeds, how 
or loss that any member may sustain by fire, and to defray applied, 
the expenses of the corporation; and each of the insured 
shall, at the expiration of his policy or policies, have a right 



150 



INCORPORATION LAWS OF ILLINOIS. 



How insur- 
ance may be 
recovered. 



Director may 
recover of 
corporation. 



Notice of loss 



Duty of direc' 
tors. 



Assessraent. 



to demand aud receive from the corporation his share of the 
remaining funds, in proportion to the sum or sums by him 
actually paid. 

Sec. 5. That when any member of said corporation so 
insured shall sustain any loss for which the same corporation 
shall be held to indemnify him, and he shall recover juogment 
therefor against it, he shall have a right to levy his execution 
issued on such judgment on any of the funds of the said cor- 
poration; and when he shall not find sutficient funds of the 
said corporation to satisfy the same and all costs thereon, and 
the said directors shall neglect or refuse, for the period of 
thirty days from the rendering of such judgment, to make 
an assessment agreeably to the principles herein expressed, 
and deliver the same to the treasurer of said corporation, and 
direct him to collect the same in such manner as the said 
corporation may point out, to satisfy such execution as far as 
the said funds and assessments may extend, then and in that 
case it shall be la^vful for such judgment creditor to levy or 
extend his said execution on the private property of any of 
the said directors, to the amount of the dan.age and cost he 
shall be entitled to recover and receive on such' execution. 
And any director whose estate, real or personal, shall be so 
taken may recover compensation therefor by an action on the 
case against the said corporation. 

Sec. 6. That whenever any person shall sustain any loss 
of property by fire so insured, he shall, within sixty days next 
after, give notice of the same to such of the directors as shall 
be agreed upon by the said corporation for that purpose, 
whose duty it shall be immediately to view where the fire hap- 
pened, and to inquire into the circumstances attending the 
• same, and determine, in writing, under their hands, the amount 
(if any) of the said corporation's liability for such loss; and 
if the suflTerer shall not acquiesce in their determination, he 
or she, within thirty days after such determination be made 
known by said directors, may bring an action at law against 
said corporation for such loss, before any court of competent 
jurisdiction within thie said county of Rock Island; and in 
case the sufferer shall not, by the verdict of jury, recover 
more than the damage determined on by the directors as 
aforesaid, the plaintiff in such action shall have judgment 
upon the verdict, but the corporation shall recover their costs, 
and execution shall issue for the balance in favor of the party 
entitled to recover it. 

Sec. 7. That so soon as the amount of the corporation's 
liability shall be ascertained in either of the ways mentioned 
in this act, (and the funds on hand not being sufficient,) the 
said directors shall make an assessment upon the members of 
the said corporation agreeably to the principles of this act, 
and deliver the same to the treasurer of the said corporation 
to collect; and the said corporation shall have power to make 



INCORPORATION LAWS OF ILLINOIS. 151 

such by-laws, rules, and regulations for the due management By-laws. 
o( the concerns thereof as may be thought proper, not repug- 
nant to the constitution and laws of this State. 

Sec. 8. That any two of the persons herein named are First meeting, 
hereby authorized to call a meeting of the members of said 
corporation, at such time and place as they may think fit, by 
advertising the same in any newspaper printed in said county 
of Rock Island, or by advertising the same by posting up 
notices in three public places in said county, fourteen days 
at least previous to said meeting. 

Sec. 9. That whenever the said corporation shall make Lien upon 
insurance upon any mansion house or other building, the said propciy in- 
mansion house or other building insured, together with the ^^^^'^' 
land under the same, shall be held by the said corporation as 
security for the sum of the deposite money required to be 
paid or secured upon such insurance, together with such 
assessment or assessments as the member of the said corpora- 
tion thus insured shnll be liable to pay pursuant to the provis- 
ions of this act; and the policy of insurance to any member 
upon his said mansion house or other building shall of itself, 
from the time it issues, create a lien upon such mansion house 
or other building, and the land under the same, to the amount 
of the sum of such deposite money, and any assessment or 
assessments which may be made upon the insured as a member 
of said corporation, and the costs which may accrue in col- 
lecting the same, without any other act or ceremony in law 
whatsoever; and said lien shall continue and be in force upon 
such mansion house or other building insured, with the land 
under the same, for the security to the said corporation of the 
payment of said deposite money and the assessment or assess- 
ments upon the member so insured, with costs, until the said 
deposite money, with the sum or sums of said assessments, 
shall be paid or otherwise satisfied to, or release by, said cor- 
poration, notwithstanding any transfer or alienation thereof: 
Provided, That nothing herein contained shall restrict the Proviso, 
said corporation from receiving any other security, in lieu of 
said lien for said deposite and assessments, upon which their 
authorized agents and the insured may agree : And provided, Further pro- 
a/so, That in all cases where the said corporation rely upon viso. 
the security of the lien created by the policy, it shall be 
expressed in said policy that the insurance is made upon the 
said mansion house or other building insured, subject to the 
lien created by law. 

Sec. 10. That if any member of said corporation who 
shall obtain insurance of his mansion house or other building, 
subject to the lien aforesaid, or, in case of his decease, his 
legal representatives, shall neglect, for the period of thirty 
days next after demand made by the authorized agent or 
agents of said corporation, (which demand may be made in 
such manner as said corporation shall in their by-laws direct,) 



152 



INCORPORATION LAWS OF ILLINOIS. 



In case 'mem- 
bers fail to 
pay insurance 
money, how 
proceeded 
against. 



Redemption 
of premises. 



to pay the sum of the deposite money upon the insurance of 
his mansion house or other building, or any assessment or 
assessments made upon him as a member of said corporation 
pursuant to the provisions of this act, he shall be liable to the 
suit of the corporation therefor, in an action on the case, in 
any court of competent jurisdiction; and the said corporation 
havinof obtained judgment and execution for the amount of 
such deposite money, assessment or assessments, may, at their 
election, cause the said execution to be levied upon the said 
mansion house or other building insured, with the land under 
the same ; and the officer having said execution shall proceed 
to satisfy the same by the sale and conveyance of said man- 
sion house or other building, with the land under the same, 
in the same manner and after the like previous advertisement 
and notice, as is provided by law when ihe right of redeem- 
ing real estate is sold which has been conveved in mortgao-e, 
savins: to the owner or owners of said mansion house or other 
building, with the land under the same, the right of redemp- 
tion, at any time within one year from the time of sale, by 
paying the purchaser, or any under him, the sum for which 
it was sold and interest, at the rate of twelve per cent., de- 
ducting therefrom the rents and profits over and above the 
necessary repairs. 

This act shall be in force from and after its passage. 

Approved, March 2, 1839. 



In force, Feb. 
28, 1839. 



AN ACT to incorporate the Commerce Hotel Company. 



Sec. 1. Be it enacted hy the People of the State of Illinois., 
represented in the General Assembly^ That Isaac Galland and 
his associates and successors be, and they are hereby, con- 
Body politic, stituted a body politic and corporate, under the name of "The 
Name &, style. Qj)P^^gj,^,g Hotel Company," and, by that name, shall have 
power to contract and be contracted with, may sue and be 
sued, plead and be impleaded, answer and be answered, in all 
courts of competent jurisdiction, and may have a common 
seal, which they may change or alter at pleasure. 

Sec. 2. The said company shall have power, and be ca- 
pable, of holding and purchasing, in fee simple, any estate, 
real or personal, necessary for the purposes of this incorpora- 
tion, and none other: Provided the quantity of real estate to 
be' by them so purchased shall not exceed one hundred and 
Lands lield. sixty acres, including the southwest fractional quarter of sec- 
tion two in township six north, in range nine, west of the 
fourth principal meridian; upon which said quarter section 
the said company are required to erect their hotel and other 
necessary buildings therewith connected. They shall also 



Powers. 



Proviso. 



INCORPORATION LAWS OF ILLINOIS. I53 

have power to sell and convey any or all of said real estate, ^eal estate, 
or to lease ail or any portion thereof for any period not ex- 
ceeding the limits of this charter. 

Sec. 3. The capital stock of said company shall be ten Capital stock 
thousand dollars, which may be increased, at the pleasure of^'^J' ^^ ^"^ 
said company, to any sum not exceeding twenty thousand "^''^'-''^• 
dollars; which said capital stock shall be divided into shares 
of fifty dollars, each, and subscribed for and held in the man- 
ner hereinafter provided. 

Sec. 4. The concerns of said company shall be managed 
and conducted by a board of directors to consist of three per- Directors, 
sons, who shall be stockholders in said company, and who 
shall be elected by ballot, annually, by the stockholders and Annual elec- 
their lawful proxies; and the three persons receiving the '^°"' 
greatest number of votes shall receive the certificates of the 
inspectors of the election so held declaring them duly elected. 
The directors so chosen shall at all times constitute a board, 
and be competent to the tiansaction of business, and shall, 
from time to time, prescribe such rules and regulations, rela-I^ules. 
tive to the concerns of said company and the duties of the 
officers thereof and other persons employed by them, as they 
shall deem proper. 

Sec. 5. The said board shall, at their first meeting after Officers, 
their election, (which meeting any two members of said board 
may call,) elect a president and secretary and treasurer, who 
shall continue in office one year. The treasurer shall give 
bond in such manner and in such amount as the said directors 
shall prescribe; and the said directors shall have power to ap- 
point such other agents as they may deem necessary in car- 
rying on the business of said corporation : Provided such rules Proviso, 
and regulations shall not be repugnant to the constitution and 
laws of the United States and of this State. 

Sec. 6. Isaac Galland and Franklin Wilcox shall be com- Commission- 
missioners for the purpose of opening books for the subscrip- ers to receive 
tion of the capital stock of said company, within one year af- subscription, 
ter the passage of this act, in such places and at such times 
as in their opinion may be proper. Twenty days' notice shall 
be given, of the times and places of receiving such subscrip- 
tions by said commissioners, in some newspaper or newspa- 
pers in or nearest such places, and of the number of days 
which said books will be open for subscription to the capital 
stock of said company. 

Sec. 7. The commissioners shall receive no subscriptions Five dollars 
to said stock unless at least five dollars on each share sub- on each share 
scribed shall be paid at the time of subscription; and when '° ^^ P^^'^- 
the whole amount of the capital stock shall be subscribed, the 
said commissioners shall give a like notice of twenty days for 
a meeting of the stockholders, for the purpose of choosing 
three directors, designating the time and place of holding such Meeting: oi 
election; at which election persons holding stock in said com- stockholdera. 
pany shall be permitted to vote either in person or by lawful 



154 INCORPORATION LAWS OF ILLINOIS. 

proxy. The said commissioners shall be inspectors of the 
first election for directors, and shall certify, under their hands, 
the names of those duly elected, and shall deliver over the 
subscription books, and the amount of the money received on 
subscription, to said directors so elected. The stock of said 
Stock deemed corporation shall be considered personal property, and assign- 
personal pro- ^^^jg ^^j transferable on the books of the corporation. 
''^"^' Sec. 8. The said company shall at all times keep proper 

Books of books of account, in which shall be registered all the transac- 
^'^°^^' tions of the corporation, and the same shall at all times be sub- 

ject to the inspection of the stockholders ; and it shall be the 
Dividends, duty of the directors to make annual dividends, or at such 
other times as a majority of the directors shall direct, of so 
much of the profits of the said company as to them, or a ma- 
jority of them, shall appear advisable ; and the said directors 
shall, whenever required by a majority of the stockholders, 
exhibit, at a general meet, a full and perfect statement of the 
debts and credits, and all such other matters as may be deem- 
ed essential in relation to the business of said company. 

Sec. 9. The stock not disposed of by the commissioners 
in tho manner hereinbefore mentioned shall and may be issu- 
ed, by the directors for the time being, according to the rules 
and regulations of said company. 

Sec. 10. As soon as five thousand dollars of the capital 

stock of said company shall be subscribed by responsible per- 

Whencompa- sons, and ten per centum on said sum so to be subscribed ac- 

ny may or- tually paid to said company, or the commissioners above 

^ ' named, then, and not before, shall said company be authorized 

to organize themselves and proceed to business. 

Sec. 11. The said company are also authorized to estab- 
Ferry. Jigh and keep a ferry, for the term of ten years, across the 

Mississippi river from said fractional quarter section, they be- 
ing required to furnish for that purpose, within one year from 
the passage hereof, a good and sufficient boat or boats, and to 
comply in all respects with the law as though the said ferry 
had been established by the order of the county commission- 
ers' court of Hancock county; and the said company shall re- 
Rates of toll, ceive such rates, for crossing at said ferry, as shall from time 
to time be allowed them by said court. 

Sec 12. This act is hereby declared public, and shall take 
Termofchar- effect from and after its passage, and remain in force during 
the term of twenty years, except that portion of it which re- 
lates to the ferry privilege. Nothing in this act shall be so 
construed as to exempt the said corporation from, the opera- 
tion of the laws of this State regulating taverns. 
Appkoved, February 28, 1839. 



ter. 



INCORPORATION LAWS OF ILLINOIS. I55 

AN ACT to incorporate the town of Hennepin. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the inhabitants of 
the town of Hennepin, in the county of Putnam, be, and 
they are hereby, declared a body corporate and poHtic, by ^°^y politic, 
the name and style of "The president and trustees of the town Name Astjle 
of Hennepin;" and by that name they and their successors 
shall be known in law, have perpetual succession, sue and be Powers, 
sued, plead and be impleaded, defend and be defended, in 
courts of law and equity, and in all matters and actions what- 
soever; may grant, purchase, receive, and hold property, real 
and personal, within said town, and not elsewhere, bunal 
grounds excepted, and may sell, lease, and dispose of the same 
for the benefit of said town ; and may do all other acts, as 
natural persons, which shall be necessary to carry into effect 
the provisions of this act ; may have a common seal, and may 
break and alter the same at pleasure. 

Sec. 2. The limits of said corporation shall include the Boundaries of 
south half of fractional section nine, and the east half of the town, 
southwest quarter of section ten, of township thirty- two, 
north of the base line, of range two, west of the third princi- 
pal meridian. 

Sec. 3. The corporate powers of said town shall be vest- Trustees, 
ed in seven trustees, to be chosen and elected as hereinafter 
directed, who shall form a board for the transaction of business. 

Sec. 4. The members composing the board of trustees 
shall be elected by the persons residing within the said town 
and incorporated limits who are qualified to vote for members 
of th^ General Assembly, and who are also possessed of a 
freehold estate within said town, or have resided within the 
limits of said town for at least six months preceding the elec- 
tion. The trustees shall be at least twenty-one years of age, 
freeholders, and inhabitants within said corporation, and 
citizens of the United States. 

Sec. 5. There shall be an election held in said town, on Annual elec- 
the first Monday in May, A. D. 1839, and on the first Mon- tion. 
day in May in each year ever thereafter, for the election of 
seven trustees, one treasurer, one constable, who shall also 
be collector, and two assessors for said town. 

Sec. 6. The trustees shall elect one of their own number Election of 
as president of the . board. They shall also appoint their oflScers. 
clerk. They shall be judges of the qualifications and returns 
of elections for all the officers of the corporation. A major- 
ity shall constitute a quorum to do business, but a less number Quorum, 
may adjourn; may ccmpel the attendance of absent members 
in such a manner and under such penalties as the board may 
provide. They may determine the rules of their own pro- 
ceedings, punish their members for disorderly conduct, and, by Expulsion of 
the concurrence of two-thirds of all the members elected, may ™^™''^"- 
expel a member. 



156 



INCORPORATION LAWS OF ILLINOIS. 



All officers to 
take oath. 



Tax. 



Powers. 



Assessors. 



Constable's 
bond. 



Sec. 7. Every officer of said corporation shall, before en- 
tering upon the duties of his office, take an oath or athrma- 
tion, belore some justice of the peace, to support the constitu- 
tion of the United States and of this State, and faithfully to 
discharge the duties of his ofhce. 

Sec. 8. The board of trustees shall have power, by an 
ordinance, to levy and collect taxes upon all property 
real and personal, (excepting public property,) within 
the town and limits of the corporation, not exceeding one-half 
of one per centum per annum, upon the assessed value there- 
of; to make regulations to secure the general health of the in- 
habitants; to prevent and remove nuisances; to improve the 
public grounds of said town; to erect lamps in the streets, 
and light the same; to license, tax, and regulate merchants, 
taverns, auctioneers, and pedlers, theatrical and all other shows 
and amusements; to restrain and prohibit gaming-houses, bawdy- 
houses and all other disorderly houses ; to establish and regulate 
markets; to grade and keep in repair streets, avenues, lanes, 
alleys, drains and sewers, and to keep the same clean; to 
provide for preventing and extinguishing fires; to dig wells 
and erect pumps for the convenience of the inhabitants; to 
regulate the police of the town ; to regulate the election of 
town officers, and fix their compensation ; to erect and keep 
in repair school-houses, and regulate and maintain common 
schools, within the corporation; and, from time to time, to 
pass such ordinances and by-laws, and appoint such officers, 
as may be necessary to carry into effect the objects of this 
act and the powers hereby granted ; and to impose and ap- 
propriate fines and forfeitures for the breach of any ordinance 
or by-law, and provide for the collection thereof; and that in 
all cases arising under this act, or growing out of the by-laws 
and ordinances made in pursuance of this act of incorpora- 
tion, any justice of the peace within said corporation shall 
have jurisdiction to hear and determine the same; and an ap- 
peal may be taken, and writs of certiorari allowed, from any 
such decision, in the same manner as now is or hereafter may 
be provided by law for appealing from judgments of justices 
of the peace. 

Sec. 9. The assessors shall assess the property, both real 
and personal, within said corporation limits, between the first 
Monday in May and the first Monday in July in each and 
every year; and make their returns to the board of trustees 
on the first Monday in the month of July, or at such other 
time as the board of trustees shall, by ordinance, direct; at 
which time the board shall proceed to levy a tax for said cor- 
poration for the current year, and cause a list thereof to be 
delivered to the collectors for collection. 

Sec. 10. The constable, before entenng upon the duties of 
his office, shall execute his bond to said corporation, with one 
or more securities, to be approved by the board of trustees, 
conditioned for the faithful execution of the duties of his 



INCORPORATION LAWS OF ILLINOIS. 



157 



office. He shall possess the same powers and perform the 

same duties as are required of constables by the general laws 

of this State in relation" to all matters arising under this act, 

and shall be entitled to the same compensation for similar ser- Pajofconsta- 

vices; and by virtue of his office as collector, he shall collect^'®' 

all 'taxes assessed by the authority of said corporation, and 

pay the same over to the treasurer at such time as shall be 

appointed by the board. 

Sec. 11. The treasurer, before entering upon the duties of TreaBurer to 
this office shall execute his bond to the corporation, with one ^"^' ^°'^^- 
or more securities, to be approved by the board of trus- 
tees, conditioned for the faithful execution of the duties of his 
office. He shall receive and preserve all moneys belonging to 
said corporation, and disbuj'se the same upon the order of the 
board; and shall exhibit a statement of the financial condition 
of the funds of the corporation semi-annually, and at such 
time as shall be directed by the board. 

Sec. 12. All corporation officers shaM be elected or ap- Officers, how 
pointed to hold their offices for one year, and until their sue- '^'^'^'^'^• 
cessors are elected, or appointed, and qualified. 

Sec. 13. That upon the application of the owners of two- Special tax. 
thirds of the lots on any street or parts of a street, it shall be 
lawful for the board of trustees to levy and collect a special 
tax on the owners of the lots on said street or parts of a 
street, according to their respective fronts, for the purpose of 
gradmg and paving the side-walks on said street. 

Sec. 14, Upon the failure of the owner of any real estate, Property to be 
within the corporate limits of said town, to pay the taxes sold for taxes, 
which shall be assessed upon said property by virtue of this 
act, it shall and may be lawful for the town collector to sell 
the same at public auction, or so much thereof as shall be ne- 
cessary to pay said taxes and costs, after first having adver- 
tised the same, for four weeks in succession, in some newspa- 
per printed in said town: or, if no newspaper should be 
printed in said town, then in the nearest, and posted up in 
said town at least four months previous to the time of said 
sale; and if the same shall not be redeemed at the time lim- 
ited by the provisions of this act, it shall be the duty of the 
president of the board of trustees to give to the purchaser or 
purchasers thereof a deed for the same, which shall be coun- Make deed, 
tersigned by the clerk. 

Sec 15. When any real estate in said town of Hennepin 
shall be sold by the authority of the corporation thereof, the 
same shall be subject to redemption in the same manner as is Redemption, 
or shall be provided by the revenue laws of this State. 

Sec. 16. All ordinances shall, within one month after they Ordinances to 
are passed, be published in some newspaper printed in the ^^ pubhehed. 
town, or posted up in at least six of the most public places in 
said town, for two weeks at least before taking effect. 

Sec. 17. Nothing in this act contained shall be so con- 
strued as to debar the schools established by virtue of this act 



158 INCORPORATION LAWS OF ILLINOIS. 

from receiving their just proportiorx of the general or town- 
ship school fund, 
tax ^^^* ^^' '^^^^ ^^® trustees of said corporation shall have 

power to levy a labor t ix in said corporation, in conformity 
with the general road law of this State which is now or may 
hereafter be in force ; and that all land-holders residing within 
the limits of said corporation shall have the privilege, and 
they are hereby required, to discharge the road tax on their 
lands within the corporation, in the same manner and under 
the same restrictions as are now or may hereafter be provided 
by the general road law of the State. 
Dutyofcoun- Sec. 19. That it shall be the duty of the clerk of the 
ty clerk. county commissioners' court to furnish the president of the 
board of trustees with a transcript of all the lands listed with 
the treasurer of the county for taxation by residents of said 
corporation, with the valuation and tax thereon assessed by 
the county assessor, within teri*days after the same shall be 
filed in his office by said assessor. 
First election. Sec. 20. At the first election, the electors shall choose 
judges and clerks from among themselves, who shall be gov- 
erned in all respects by the general election laws of the State. 
Returns, how They shall make their returns to the clerk of the county com- 
made, missioners' court of Putnam county, who shall open and count 

the votes in the same manner as all other election returns, 
and give certificates of election to those having the highest 
number of votes. It shall also be the duty of said clerk to 
preserve the poll-books, and enter, of record in his office, the 
returns of said election. That after the first election, the 
board of trustees shaM appoint as many judges and clerks 
Election of of election as may be necessary, who shall preside at all 
o cers. elections held for corporate purposes, who shall make their 

returns to the board of trustees; any four of which shall 
have power to open and count the said votes, and give certifi- 
cates of election. 

Approved, March 2, 1839. 



In force, Feb. AN ACT for the relief of the town of Greenville. 

28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That hereafter, the 
president and trustees of the town of Greenville, in the 
county of Bond, shall not be required to open or keep in re- 
pair any Staie or county road beyond the corporate limits of 
said town. 

Approved, February 28, 1839. 



INCORPORATION LAWS OF ILLINOIS. I59 

AN ACT to incorporate the Wapello Manufacturing Company. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all such persons 
as shall become subscribers to the stock hereinafter desciibed 
shall be, and they are hereby, constituted and declared a body Name&. strle 
politic and corporate, by the nanne and style of "The Wapello ofbodypohtic 
Manufacturing Company," from and after the passing of this 
act; and, by that name, they and their successors shall have 
succession for twenty-five years; and shall, in law, be capable 
of suing and being sued, pleading and being impleaded, in all Powers, 
courts and places whatsoever; may have a common seal, alter 
and change the same at pleasure ; and they and their succes- 
sors may also, by that namie and style, be capable, in law, of 
purchasing, holding, and conveying away such real and per- 
sonal estate as may be necessary for the purposes and objects 
of this act, as hereinafter limited and set forth: Provided such Proviso 
real estate shall not exceed six hundred and forty acres of 
land, with the buildings and improvements thereon created 
for carrying on the business of said company; which land 
shall be exclusive of such as may be held for collateral securi- 
ty for debts bonajide owed to the said corporation, or may 
become the property thereof by virtue of such indebtedness; 
and, further, no real estate acquired by such, indebtedness, 
shall remain the property of said corporation for a longer pe- 
riod than five years, under the penalty of the forfeiture there- 
of to the people of this State. 

Sec. 2. The president and directors of said corporation 
hereinafter provided for shall have power, and are hereby au- 
thorized, to carry on the manufacture of flour, lumber, lead. Powers, 
woollen and cotton goods, and to carry on all kinds of me- 
chanical and manufacturing business ; to erect mills, furnaces, 
and machine shops, at and near the falls of Apple river, in 
the town of Wapello, Jo Uaviess county, necessary for car- 
rying on the manufactures aforesaid; to give and receive 
promissory notes; and to do and perform all necessary acts as 
natural persons. 

Sec. "3. The capital stock of said company shall be one «5i 00,000 cap- 
hundred thousand dollars, with power to increase the same,!'^'^: maybe 
^ . , c ^\ A * J- incrensed to 

at the pleasure ot the company, to any sum not exceed mg jooo,ooo. 
two hundred thousand dollars; which capital stock shall be 
divided into shares of fifty dollars each, to be paid in instal- 
ments under the direction of the board of directors, subject 
to such forfeitures as the board of directors shall prescribe. 

Sec. 4. That for the purpose of carrying into effect the Commission- 
object of this incorporation, James Armstrong, William C^*^'g» gj^^cri °ionl° 
Germanicus Kent, Daniel H. Whitney, John Atchison, Dan- Jo, 8*Jock.° * 
iel Wann, Marshall Pierce, William B. Gass, Charles Oakley, 
M. M. Rawling.s, and James C^aig, are hereby appoin'ed com- 
missioners to obtain subscriptions to the capital stock of said 
company; and said commissloaers, or a majority of them, 



160 



Election of 
directors. 



Directors. 



By-laws. 



Treasurer to 
give bond. 



Dividends. 



Special meet 
iogB. 



INCORPORATION LAWS OF ILLINOIS. 

after giving general notice thereof in some newspaper printed 
in the town of Galena, may open books, for the subscription 
of said stock, at such time and places as they may direct, and 
keep the same open until at least two hundred shares of the 
capital is subscribed. If the requisite number of shares shall 
not be subscribed within thirty days after the books are open- 
ed, said commissioners, or a majority of them, shall take such 
measures for completing such subscription as they may deem 
expedient and proper. Every subscriber shall, at the time 
of subscribing, pay to said commissioners the sum of one 
dollar on each share subscribed; and when the said subscrip- 
tion is completed, or within sixty days thereafter, said com- 
missioners, or a majority of them, shall call a meeting of the 
stockholders, at the town of Wapello, by a printed notice, in 
some newspaper of general circulation in Jo Daviess county. 

Sec. 5. That at said meeting, the stockholders of said com- 
pany shall proceed to elect, by ballot, five directors, (each 
share shall give one vote) who, at the time of their election, 
be holders, respectively, of not less than twelve shares of the 
capital stock of said company, and directors shall be annually 
chosen thereafter by the stockholders or their proxies; and 
the five persons receiving the highest number of votes shall 
be duly elected to hold their offices one year, and until their 
successors are elected and qualified. The directors so chosen, 
or a majority of them, shall constitute a board, and be com- 
petent to the transaction of business, and may, after electing 
one of their number to preside over the board, from time to 
time, make and prescribe such by-laws, rules, and regulations 
relative to the concerns of said corporation, the duties of the 
president, agent, clerks, and all others by them employed; 
and shall also appoint a treasurer, who shall give bond to the 
president and directors, in such amount and in such manner 
as the said president and directors shall prescribe; and the 
said president and directors shall have power to appoint 
all such officers, agents, and clerks, as may be necessary in 
carrying on the business of the said corporation. 

Sec. 6. The said company shall at all times keep proper 
books, in which shall be registered all the transactions of the 
board and of the corporation ; and the same shall at all times 
be subject to the inspection of the stockholders; and it shall 
be the duty of the president and directors to make annual 
dividends, or at such other times as the board may direct, of 
so much of the profits of the said corporation as to them shall 
appear advisable. And the said president and directors, 
whenever required by a majority of the stockholders, shall 
exhibit, at a general meeting, a full and perfect statement of 
the debts and credits, and all such other matters as may be 
deemed essential, relating to the affairs of the corporation. 

Sec. 7. A majority of the stockholders, whenever they 
deem it necessary, may call a special meeting of the compa- 
ny; and, provided the regular election for directors, from any 



INCORPORATION LAWS OF ILLINOIS. 161 

cause, shall not take place at the time herein provided, it shall 
be lawful for any two of the stockholders to call a special 
meeting for such election, giving notice of the lime as herein 
provided. 

Sec. 8. The stock, not disposed of by the persons appoint- Stock not di». 
ed to receive subscriptions in the manner herein beforenamed, ^°^'^^ '^^' 
shall and may be issued, by the directors for the time being, 
according to such by-laws and regulations as may be adopted 
by the said board of directors. 

Sec. 9. The president and directors are authorized to bor- May borrow 
row any sum of money which in their discretion may be ™o"^y' 
deemed necessary, not exceeding the amount of their capital 
stock, to aid in the construction of the said mills, manufactur- 
ing establishments, and machinery: Provided, That the total P'"0'"o- 
amount of debts which the said corporation shall at any time 
owe shall not exceed the amount of their capital stock; and, 
in case of such excess, those under whose administration it 
shall happen shall be holden for the same in their private and 
individual capacity; but tiiis shall not be construed to exempt 
the corporate property of the company from being also liable 
and chargeable for such excess. 

Sec. 10. The stock of the said corporation shall be deem- Stock deemed 
ed personal property, and assisrnable and transferable on the P^"°"^' 
books of the corporation; but no stockholder, indebted to the ^ 
corporation, shall be permitted to make a transfer until such 
debts be paid, or secured to be paid, to the satisfaction of the 
directors. 

Sec. 11. That nothing in this act shall be construed to in- No banking 
vest said company with any banking powers, or to authorize Powers. 
them to make, emit, or utter any bills of credit, bank notes, or 
other thing, to be used as a circulating medium, as and in lieu 
of money. 

Sec 12. That all such persons as shall become subscribers ^°nui?ctur- 
to the stock hereby created shall be, and they are hereby, con- ing companj. 
stituted and declared a body politic and corporate, by the 
name and style of "The Rockford Manufacturing Company." 
from and after the passage of this act; and, by that name and Power». 
style, they and their successors shall have successsion for 
twenty-five years, and shall enjoy all the privileges and be 
governed by all the provisions and prohibitions in this act, so 
far as the same shall be applicable to carry on a separate and 
independent company at Rockford, in Winnebago county. 

Sec. 13. That John W. Leavitt, George W. Brincker- Commission^ 
hoof, Charles Oakley, M. M. Rajvlings, Jameg Craig, R. W. gubscriptione. 
Brush, Daniel H. Wheaton, George Haskell, and Germanicus 
Kent, are hereby appointed commissioners to obtain subscrip- 
tions, and to perform all the duties required to put into suc- 
cessful operation the Rockford Manufacturing Company, that 



jg2 INCORPORATION LAWS OF ILLINOIS. 

the commissioners to obtain stock in the Wapello Manufactur- || 

ing Company are required lo perform relative to putting that | 

company into operation. i 

Approved, March 2, 1839. |, 



In force, Mar AN ACT to incorporate the Greene County Mutual Fire Insurance i 
2, 1639. Company. , 

Sec. 1. Be it enacted by the People of the State of Illinois^ | 
represented in the General Assembly, That William Cailin, j 
A. W. Cavcrally, David Pierson, D. M. Woodson, William ! 
Yates, M. S. Link, John Evens, and James Reno, be, and they i 
and all other persons who may hereafter become members | 
Name & style, are hereby, incorporated as a body poUtic and corporate, by | 
Body politic, the name and style of "The Greene County Mutual Fire In- l 
surance Company;"' and said company shall possess all the i 
Powers and powers, privileges, rights, and immunities that are granted to i 
priTileges. the Illinois Mutual Fire In5.urance Company in its charter ; 
granted at its present session of the General Assembly, and I 
subject to the same conditions, terms, and restrictions; and \ 
shall be organized and conducted according to the provisions j 
of the charter of said Illinois Mutual Fire Insurance Com- I 
pany, so far as the same are applicable to this company. , 

Sec. 2. The Greene County Mutual Fire Insurance Com- \ 
pany shall be organized in manner prescribed in said charter ) 
of said Illinois Mutual Fire Insurace Company, and, whenever i 
organized, it shall go into full effect and operation in conformi- 
ty to the charter above alluded to. 

This act to be in force from and after its passage. 
Approved, March 2, 1839. 



In force, Mar. AN ACT extendinj,' the time to the Sprini^field and Alton Turnpike Road 
2, 18.39. Company to complete said road. 

Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That the charter of the 

Springfield and Alton Turnpike Road Company be, and the 

Five years al- j;Qn^e is hereby, extended, so as to allow said company five 

^g(gp(^f,^°™' years, in addition to the time now provided in said charter, 

to complete said road ; and any number of miles of said road 

which may be completed within the time aforesaid, the charter 

shall not be forfeited, as to that part of said road so completed, 

although the whole of said road may not be finished: Provided, 

That the said company shall extend the said road from 

Springfield to CarlinviUe, in Macoupin county, and shall not 

be permitted, under this act, to extend the road so as to come 

in competition with the State work from CarlinviUe to Alton. 

Approvkd, March 2, 1839. 



INCORPORATION LAWS OF ILLINOIS. 



163 



AN ACT to incorporate the (Jenesco Manual Labor High School. [„ force Mar. 

oil,. ^' **^'^^- 

»EC. 1. Be It enacted by the People of the State of Illinois^ 

represented in the General Assembly^ That Ilufus Hubbard, 
Elisha Cone, and James Wilcox, and their successors, be, and 
they are lierebj, created a body corporate, and shall have per- Body corpor- 
pctual succession, to be styled ''The Trustees of thc^Geneseo aie. 
Manual Labor High School," to be located in township seven- Style, 
teen north, range three east, at or near the town of Gencsco, Location. 
in Henry county, with full power to acquire, hold, and frans- PowerB. 
fer property, real and personal; make contracts, sue and be 
sued, plead and be impleaded, in their corporate capacity; 
to make, have, and use, a common seal, and the same to 
break, alter, or destroy, at pleasure; and said trustees shall 
never exceed the number of eleven. For the present the „ 
aforesaid individuals shall constitute the board of trustees, wiio ^'■"^'*'^^- 
shall fill the remaining vacancies at their discretion. But it 
is expressly declared that the powers hereby given shall not be 
used or construed to extend to the contracting for, or acquiring, 
any property, real, personal, or mixed, or for dealing any Powers limit- 
otherwise than in such things as may be necessary and proper ed. 
for the purposes of an institution of learning; and the whole 
property and estate of said corporation shall be applied exclu- 
sively and sjlely to that purpose; and said corporation shall 
not deal in exchange, discount of notes, or in commercial 
business or pursuits. 

Sec. 2. The beforenamsd trustees sliall have power to fill Vacancies, 
all vacancies in their own body; to appoint a chairman of how filled, 
their board, a president and proiessor, and such other officers 
and servants under them as they deem necessary ;ind j)i. per, 
to hold their offices under such rules and regulations as the 
said trustees may prescribe; and to make, allow, and pay to 
the president, professors, and other officers and servants, such Further pow- 
reasonablc compensation for tlieir services as to the said trus-ers. 
tecs may seem right and proper; and the said trustees shall 
have full power and authority to make by-laws, rules, and regu- 
lations, for the better government of said school, as they may 
judge expedient, and the same to annul, alter, or amend, at 
pleasure: Provi'icl said by-laws, rules, and regulations, be 
not repugnant to the laws of this State, or inconsistent with 
the principles laid down in this act, as fundamental laws for 
the government of said .school; and the said trustees shall have 
full power to do and perform any lawful matter or thing which 
they may deem conducive to the good of the institution. 

Sec. 3. A majority of the trustees shall constitute a board pro tem. ap- 
competent to make pro Irnipnrc appointments, and the trans- pointmenu. 
action of all business, except the permanent appointment or 
removal of officers; in vrhich case a concurrence of two-thirds 
of the whole board shall be necessary. 

Sec. 4. The board of trustees shall have the entire con- Manual labor 
trol of the system of manual labor, and shall determine the ^J'^'^"' 



|g4 INCORPORATION LAWS OF ILLINOIS. 

proporfion of labor of each student; and no student shall be 
received as a regular member of the school unless he submits 
to the performance of such an amount of labor as is enjoined ' 
by the trustees; and the trustees shall account to each student 1 
for such labor, which shall be appropriated to the discharge : 
of his expenses in said school. 
Peculiar doc- ^Ec. 6. ]No religious doctrine peculiar to any one sect of 
trines exclud- christians shall be inculcated by any profession in said school; 1 
*^' but said institution shall at all times be conducted upon free, j 

liberal, and enlightened principles; and no student shall be j 
excluded in consequence of his religious opinions, or those of 
his parents, guardians, or relations. 

Sec. 6. It shall and may be lawful for the trustees of said 
school to receive, acquire, hold, and procure, from any indi- : 
vidua! or society, religious or otherwise, donations, gifts, or 
Donations, bequests, of any sum or sums of money, books, maps, charts, i 
philosophical apparatus, or estate of any kind, which shall <. 
be applied wholly and exclusively to the uses and purposes | 
that may be especially designated by the donors, respectively, 
or to the establishment and maintenance of one or more pro- 
fessorships to be appointed by the donors, to be separate and 
distinct from the internal concerns of said school. 
First meeting. S^^. 7. The first meeting of the trustees hereby appointed 
shall be held at the dwelling-house of Rufus Hubbard, on the 
first Monday of May next, or so soon thereafter as may be conve- , 
nient; and the said trustees shall have at least one stated meet- ' 
ing in every year; and should any trustee hereby appointed, 
or hereafter to be chosen, refuse to serve, the seat of such I 
trustee or trustees shall be declared by the board to be vacant, j 
and they may proceed to fill the vacancy as herein provided, j 
MaTholdland ^^^* ^* ^^^ lands, tenements, and hereditaments, to be j 
held in perpetuity, in virtue of this act, by said corporation, ! 
shall not exceed five hundred acres: Provided, however, That i 
if donations, grants, or devises in lands, shall from time to time j 
be made to said corporation, over and above said five hundred 
acres which niciy be held in perpetuity as aforesaid, the same 
may be held and received by the said corporation for the j 
period of five years from the date of every such donation, \ 
grant, or devise; at the end of which time, if the said lands, ; 
over and above the said five hundred acres, shall not have I 
been sold by said corporation, then, and in that case, the lands 
80 donated, granted, or devised, shall revert to the donor, 
grantor, or the heiis of the devisor of the same. i 

Approved, March 2, 1839. ] 



INCORPORATION LAWS OF ILLINOIS. 165 

AN ACT to incorporate the Vandalia and Alton Turnpike Road Com- In force, Mar. 

P''"y- li, 1839. 

Sec. 1. De it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That Tliomas G. Haw- 
ley, William S. Oilman, W. L. D. Ewing, R. K. McLaugh- 
lin, Robert Blackwcll, Nathaniel Buckmaster, Thomas Keys, 
S. L. Wait, George W. Walworth, Enoch Long, Stephen 
Griggs, Gersham Flagg, John W. Bullrum, A. Hoxcy, and 
Robert Smith, and their associates and successors in office, be, 
and they are hereby, constituted a body politic and corporate, BoJj politic. 
by the name and style of "The Vandajia and Alton Turn- Name& style, 
pike Road Company;" and, by that name and style, they and 
their successors shall be capable, in law and equity, ol' con- Powers, 
tracting and being contracted with, suing and being sued, 
pleading and being impleaded, answering and being answered, 
defending and being defended, in all courts whatsoever. They 
may have a common seal, and change and alter the same 
at pleasure; and do and perform all other acts and things 
which may be necessary to accomplish the building of the 
aforesaid turnpike road. They arc hereby invested with all 
the privileges and advantages usually belonging to corpora- 
tions in purchasing, taking, holding, enjoying, selling, and 
transferring, any real or personal estate, by gift, grant, pur- 
chase, or otherwise, which may be neccssarry to facilitate the 
aforesciid object. 

Sec. 2. The capital stock of the company shall be five Capital stock. 
hundred thousand dollars, to be divided into sharesof one hun- 
dred dollars each, payable in five equal annual instalments; Instalments. 
and each person, at the time of subscribing for stock in said 
company, shall give a note in the following form: "For value Form of note, 
received, I promise to pay to the president and directors of 
the Vandalia and Alton Turnpike Road Company, the sum of 
dollars and cents, in five equal 

annual instalments;" which notes shall be taken and deemed 
to have been given for a good and valuable consideration, and 
may be sued lor, and recovered, in any court, in the same 
manner as though they were given to private individuals; 
and in all cases arising under this act, or in which said com- 
pany may be party, plaintiff or defendant, the several courts Jurisdiction 
of this State shall have the same jurisdiction as they would of courts, 
have in suits upon contracts between natural persons. 

Sec. 3. Whenever one or more instalments fall due upon J^^ay sue on 
any note given to said company, it shall be lawful to sue for 
and recover so much money as may be due thereon, by filing 
a copy of the note in the court in which suit is instituted; 
and in all suits brougbt by or against said company, the right ^. ^^ ^^^ 
of appeal shall be allowed to either party in the same manner ^^^j ° ^^ 
as now is or hereafter may be prescribed by law in controversy 
between individuals. 

Sec. 4. The individuals named in the first section of this Termof office 
act shall be the directors of the company for one year after the 



166 



INCORPORATION LAWS OF ILLINOIS. 



May appoint 
officers. 



Time & place 
of meeting. 

Election of 
officers. 



Powers. 



Proviso. 



Bonds Sc bills, 
how signed. 



Subscriptions 
and contribu- 
tions. 



Annual elec 
tion. 



May use land, 
&c. 



rompany is organized, and until their successors in office are 
duly elected and qualified; and they shall proceed to elect 
one of their body president, and shall also have power to ap- 
point a secretary, treasurer, and superintendent of the road, 
whom they may remove at pleasure, and may also require such 
bonds of said officers as they may deem right and proper for 
the security of the interest of the persons concerned or the 
public, and may pay them such compensation as they may 
think right and proper. 

Sec 5. The directors shall meet at Alton, at such time 
as a majority may determine, by giving at least three weeks' 
notice in some paper printed in Vandalia and Alton; at 
which meeting they shall elect their president and other offi- 
cers. A majority of the board shall be a quorum to do busi- 
ness; and all subsequent meetings shall be held at such time 
and place as the board may appoint and direct. 

Sec. 6. The company aforesaid shall have power to give 
and receive promissory notes, checks, bonds, bills of exchange, 
mortgages, deeds, bills of sale, and all other instruments of 
writing, for the purpose of conducting and carrying on the 
building of the aforesaid turnpike road, and for none other; 
and all the money and property which may come to the hands 
of said company shall be faithfully and exclusively appHcd to, 
and expended in, making the aforesaid turnpike road: Pro- 
vided, That said company shall neither have nor exercise any 
other powejs than those connected with the improvement 
aforesaid. 

Sec. 7. All bonds, checks, notes, or bills of exchange* 
given by said company, shall be signed by the president, and 
countersigned by the secretary; and all instruments convey- 
ing either real or personal estate shall be signed in like man- 
ner by the president and secretary; and all conveyances or 
other contracts shall be given and made in the name of the 
president and directors of said company. 

Sec 8. Said company are hereby authorized to receive 
subscriptions and voluntary contributions for the promotion 
of the improvement aforesaid, either in money, labor, or any 
other valuable thing, and secure the payment thereof in such 
manner as to them shall seem best; and when said subscrip- 
tion is paid, it shall be the duty of the president to give a 
proper receipt therefor. 

Sec. 9. The directors shall appoint a time and place to 
hold an election for new directors in each year; at which elec- 
tion, the stockholders shall respectively be entitled to one vote 
for each share of stock; and they may vote, in person or by 
proxy, for nme directors, who shall manage and conduct the 
affairs of said company. 

Sec. 10. Said company shall have power, and they are 
hereby authorized, to enter upon and use any lands, timber, 
rock, gravel, or any other material that may be necessary in 
the prosecution of the work aforesaid; and they shall pay all 



J 






INCOiaPORATION LAWS OF ILLINOIS. 167 

damages that may arise to any person or persons by taking or To pay dama- 
using their property aforesaid, for the purpose of constructing 8®"* 
and keeping in repair said road; and when the same be 
agreed on voluntarily by the parties, the amount to be paid 
shall be fixed and deterrj ined in the manner laid down for the 
recovery of damages caused by the laying out pubUc high- 
ways. 

Sec. 11. Where the lands or other property or estate of 
any married woman, infants, or persons non compos mentis^ 
shall be necessary for the construction of said works, the hus- 
band of said married woman, and guardian of such infants 
or persons non compos mentis, may release all damages in re- Lands may be 
lation to the estate or lands to be taken and appropriated as^'^^^'^^*'^- 
aforesaid, as fully as they might do if the same was holden in 
their right respectively. 

Sec. 12. Said company shall have full power, and they 
are hereby authorized, to cause to be surveyed, located, and 
constructed, a turnpike road, not exceeding eighty feet wide, Width of road 
from Vandalia, by Greenville, to the Mississippi river at Alton; 
or on such route between said extreme points as will, in their 
opinion, best promote the objects of said corporation. They 
may commence the construction of said road at such point 
or points as they may deem most expedient and proper, and 
prosecute the same to final completion as fast as the means of 
the company will admit. 

Sec. 13. Should any donation or donations of land, money, Donationa to, 
or other valuable thing, be made to said company for the how used. 
promotion and advancement of the object aforesaid, either 
by the National or State Govejnment, it shall be the duty of 
said company to use and appropriate such donation as afore- 
said solely and exclusively to the construction of said road. 

Sec. 14. The directors, foj- the purpose of procuring Deductions 
money to progress immediately with the work aforesaid, may for advance 
make such deduction as they may think is right, to those who money. 
pay for their stock in advance; or, if they think proper, the May borrow 
directors may borrow, for the purpose aforesaid, any sum not money. 
exceeding the whole amount of their capital stock. 

Sec. 15. As soon as the said company shall have completed Toll-gates. 
the aforesaid road, or any continuous ten miles thereof, they 
may then erect a gate or gates, at suitable distances apart, not 
less than ten miles, and demand and receive, of persons travel- 
ling said road, a reasonable toll, not exceeding the tolls al- Tolls, 
lowed to the Wabash and Mississippi Turnpike Company: 
Provided, That all persons going to, and returning from, pub-Proviso. 
lie worship, and militia-men going to, and returning from, mus- 
ters, and all funeral processions, shall pass said road free of toll: 
Provided, also, That the Legislature may, at any time, regu- Proviso, 
late the rates of toll to be required by said company. 

Sec. 16. The company shall cause to be kept a fair ac- -^^^"""^ °j[^^ 
count of the whole expense of making and repairing said^^j^®"^® 
road, with all incidental expenses; and also a fair account of 



165 INCORPORATION LAWS OF ILLINOIS. 

State may the toll received ; and the State shall have the right to pur- 
purchase, chase of the company said road, at any time, by paying to 
said company a sum of money which, together with the tolls 
received, shall equal the cost and expenses of said turnpike 
Proviso. road, with an interest of ten per centum per annum: Provided j 

also, The said company shall surrender said road, on like 
terms, to the National Government, at any time when they 
Cumberland may signify their intention to continue the Cumberland road, 
road. from Vandalia to the Mississippi river, on the line of this 

road. 
Books opened Sec. 17. The persons named in the first section of this 
for capital ^ct be, and they are hereby, appointed commissioners to 
open books, and solicit the subscription of stock of said com- 
pany; and for that purpose, said commissioners may open 
books at such time and place as a majority of them may deem 
most expedient, so that all persons who wish to take stock, or 
to give any voluntary contributions for constructing said road, 
may have an opportunity to do so; and all subscriptions so 
received by said commissioners shall be transmitted to the 
president of the company aforesaid. 
Term of char- ^^c. 18. This act shall continue in force twenty years, 
ter. shall be deemed a public act, and shall be liberally construed 

for all the purposes theiein named. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to incorporate the Franklin Academj. 

2, 1839 

Sec. 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That Solomon Clark, 
Meshack Morriss, William A. Robeiis, Isaac Barber, John 
T. Knox, Ralph Elston, George P. Boycr, Matthew M. Cully, 
John P. Maddox, William J. Stephenson, and their succes- 

Body politic, sors, be, and they are hereby, constituted a body politic and 

Name & style, corporate, to be kno\A n by the name of "The trustees of the 
FrankUn Institute," and, by that name, shall have perpetual 
succession, and have a common seal, with power to change the 
same at pleasure; and, as such, shall be authorized to exercise 
all powers and privileges that are enjoyed by the trustees of 
any seminary, college, or university, in this State, not herein 
limited or otherwise directed. 

First meeting, ^^c. 2. That the said trustees shall hold their first stated 
meeting at the town of Frankfort, in the county of Franklin, 
on the first Monday of June next, or so soon thereaiter as 
may be convenient; and they, or a majority of them, shall, as 
soon as they think proper, fix upon a permanent seal for said 
institute, and proceed to erect buildings thereon as soon as 
convenient, and the interest of said institution may require. 

Powers. Sec. 3. The said trustees, or their successors, by the name 

aforesaid, shall be capable, in law, to purchase, receive, and 



I 



INCORPORATION LAWS OF ILLINOIS. 1(J9 

hold, to themselves and successors, for the use and benefit of 
said institution, any lands, tenements, or rents, goods and chat- 
tels, of what kind soever, which shall be given or devised to, 
or purchased by, them for the use of the Franklin Institute. 

Sec. 4. The said trustees, by the name aforesaid, may Further pow 
sue and be sued, plead and be impleaded, in any court of law ^^^' 
or equity in this State. 

Sec 5. In case a sufficient number of members do not 
attend to constitute a board [at] any meeting, those who do at- 
tend may adjourn to any day thereafter, or to the next stated 
meeting, and shall give ten days' previous notice thereof. 

Sec. 6. Five members shall be sufficient to constitute a 
board for the transaction of all business respecting the said 
institute, excepting those cases particularly excepted. 

Sec. 7. The assent of the majority of the wjiole number 
of trustees shall be necessary to perform the following busi- 
ness, to wit: To fix the salary of the president; to fix upon the 
permanent seat of the institute; to alienate, sell, or convey, 
any lands, tenements, or rents, belonging to said institute. 

Sec. 8. The trustees shall have power, from time to time. By-laws, 
to establish such by-laws, rules, and ordinances, not contrary 
to the constitution and laws of this State, as they shall deem 
necessary for the said institute. 

Sec. 9. The trustees shall elect a president, treasurer, and OiBcers. 
clerk, to their own body, and so many inferiors, tutors, or mas- 
ters as may be necessary; and upon the death, resignation, or 
legal disabilities of any of the trustees, president, or other 
officers of the said institute, the board of trustees shall sup- 
ply the vacancy by ballot. 

Sec 10. The treasurci of said institution always, and all Bonds of offi- 
other agents when required by the trustees, before entering ^^"* 
upon the duties of their appointments, shall give bond tor the 
security of the corporation, in such penal sum, and with such 
security, as the board of trustees shall approve; and all pro- 
cesses against the said corporation shall be by summons, and 
summons [service] of the same shall be by leaving an attested 
copy with the treasurer of the institute, at least thirty days 
before the return day thereof. 

Sec 11. The said institute and their preparatory depart- Open to all. 
ment shall be open to all denominations of christians, and the 
profession of any religious faith shall not be required of those 
who become students; all persons, however, may be suspended. Expulsion of 
or expelled, from said institution, whose habits are idle or students, 
vicious, or whose moral character is bad. 

Sec. 12. The president and other officers of the said in- Term of office. 
stitute shall be subject to the direction of the board of trus- 
tees, and shall continue in office during good behaviour. 

Sec 13. The president of the board oi trustees shall have Special meet- 
full power to call special meetings of the said trustees, and itings. 
shall be his duty, upon the request of thrse of them, to do the 
same; but, upon any called meeting, ten days' general notice 
shall be given, by the president, previous to the meeting. 



170 



INCORPORATION LAWS OF ILLINOIS. 



Coane of stU' 
dies. 



Buildings. 
Books and ap' 
paratue. 



Proviso. 



Vacancy. 



Proviso. 



Sec. 14. The trustees of the corporation shall have au- 
thority, from time to time, to prescribe and regulate the course 
of studies to be pursued in said institute, and in the prepara- 
tory department attached thereto; to fix the rates of tuition, 
room-rent, and other college expenses; to appoint instructors, 
and such other officers and agents as shall or may be needed 
in managing the concerns of the institution; to define their 
powers, duties, and employments; to fix their compensation; 
to displace and remove either of the instructors, officers, and 
agents; to erect the necessary buildings; to purchase books, 
and chemical and philosophical apparatus, and other suitable 
means of instruction; to put in operation a system of manual 
labor for tiie purpose oi lessening the expense of education, 
and promoting the health of the students; to make rules for 
the general management of the affairs of the institution, and 
for the regulation of the conduct of the students, and to add, 
as the ability of the said corporation shall increase, and the 
interests of the community shall require, additional depart- 
ments for the study of any or all the liberal professions: Pro- 
vided, however^ That nothing herein contained shall authorize 
the establishment of a theological department in said institu- 
tion. 

Sec. 15. If at any time a member of the board of trus- 
tees shall absent himself for three stated meetings successive- 
ly, or for some disorderly conduct, unless for good cause shown 
and approved of by the said trustees, in such case his seat 
shall be considered to be vacant, and the board proceed to fill 
his seat with a member: Provided, That the trustees of said 
institution shall at all times be accountable for their conduct 
in the management of the business aforesaid, in such manner 
as the Legislature shall by law direct. 

Appkoved, March 2, 1839. 



In force, Feb. 
23, 1839. 



AN ACT to incorporate the Liberty Steam-mill Company. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all such persons as 
shall hereafter become subscribers to the stock hereinafter 
described shall be, and they are hereby, constituted and de- 
clared a body politic and corporate, by the name and style 

Kame& style, of "The Liberty Steam-mill Company," from and after the pas- 
sage of this act; and, by that name, they and their successors 
shall have succession for twenty years, and shall, in law, be 

Powers. capable of suing and being sued, plead and be impleaded, 

in all courts and places whatsoever; may have a common 
seal, and alter the same at pleasure; and they and their suc- 
cessors may also, by that name and style, be capable, in law, 
of purchasing, holding, and conveying away real and per- 
sonal estate for the uses and purposes of said incorporation, 



INCORPORATION LAWS OF ILLINOIS. 171 

(which real estate shall not exceed one acre of ground.) in the 

town of Liberty, for the purpose of erecting said mill upon, Ereciion of 

and one hundred and sixty acres of land elsewhere, wiiereon "'^"• 

to erect the necessary enclosures for carrying on the business 

of the company. 

Sec. 2. The said company hereby incorporated shall have 
power to erect a steam-mill in the county of Randolph, town 
of Liberty, and are hereby authorized to carry on the manu- 
facturing of the various kinds of grain and other manufac- !^'°>j^^^""- 
tures; to export the same and other products of the country; eTpon.^° 
and to use all such powers nnd privileges as may be neces- 
sary to carry on the said manufactory according to the ob- 
jects of this act as herein expressed. 

Sec. 3. The capital stock of said company shall consist ^=P''^^ ^'"'"'^ 
of six thousand dollars, with the privilege of increasing the 
same to twenty thousand dollars, to be divided into shares of 
one hundred dollars each. 

Sec. 4. For the purpose of carrying into effect the ob- '^ommission- 
ject of this corporation, Samuel Mansker, A. H. Frazer, J'^^j^g^P^" 
William W. Higgins, Harvey Clendencn, and Fitch W. Kel- 
sey, are hereby appointed commissioners to obtain subscrip- 
tion to the capital stock of said company; and said commis- 
sioners, or a majority of them, after giving general notice 
thereof in some newspaper printed in this State, may open 
books for the subscription of said stock at such time and 
places as they may direct, and keep the same open till at 
least fifty shares have been subscribed. Every s'abscriber, at 
the time of subscribing, shall pay to said commissioners two 
dollars for each share subscribed; and when such subscription 
is complete as aforesaid, or within sixty days thereafter, said 
commissioners, or a majority of them, shall call a meeting of Meeting of 
the stockholders at Liberty, by a printed notice in some stockholders, 
newspaper of general circulation in this State. 

Sec. 5. At said meeting the stockholders of said compa- Election of di- 
ny shall proceed to elect five directors, who shall manage, ''^^'°"' 
direct, and govern the affairs of said company for one year 
from the period of said election, and until their successors are 
elected and qualified; and at said election each stockholder 
shall be entitled to one vote for each share he may hold, and 
a majority of all the votes given shall be required to make an 
election. The period of election of directors as aforesaid 
shall be annually on the first Monday of the month in which Annual elec- 
the first election thall be held. ''°"- 

Sec. 6. Immediately after the directors are chosen as 
aforesaid, they shall hold ^ meeting, at which, and at all sub- 
sequent meetings of said board, a majority of the directors 
shall constitute a quorum. They shall proceed to the elec- Qno™™- 
tion of a president from their own body; a secretary, who Officers to be 
shall be sworn by a justice of the peace to the faithful dis- ^ 
charge of his duty, and who shall record all votes of the cor- 
poration in a book to be by him kept for that purpose; a 



172 



INCORPORA.TION LAWS OF ILLINOIS. 



Transfer of 
fitock. 



Act deemec 
public. 



treasurer, who shall give bond to such amount and in such 
manner as the said president and directors shall direct; and 
the board shall appoint all other officers and agents as to 
them shall seem necessary. 

Sec. 7. Said president and directors shall have power to 
make and establish all such by-laws, rules, and regulations as 
shall be necessary, and not inconsistent with the laws of this 
State and the provisions of this act, for the payment or col- 
lection of the subscriptions to its stock, and the transfer of the 
same, or of property, or that in any other way may concern 
the management or direction of the atTairs of said company. 

Sec. 8. If it should happen that any election should not 
be made on the day when by the provisions of this act it 
should be made, the corporation shall not for that reason be 
dissolved; but such election may be held on any other day 
within thirty days thereafter, public notice being given by 
directors thereof. 

Sec. 9. This act shall be deemed a public act, and shall 
be construed favorably, for the purposes therein expressed 
and declared, in all courts and places whatsoever. 

Approved, February 23, 1839. 



In force, 



AN ACT to incorporate the town of Bloomington. 



Body politic. 



town. 



Sec. 1. Be it enacted by the People of th-: State of Illinois, 
represented in the Grneral Assembly,, That the citizens of the 
town of Bloomington, in the county of McLean, and State 
aforesaid, are hereby made and constituted a body corporate 
and poUtic, by the name and style of "The president and 

Name&style. trustees of the town of Bloomington," and by that name shall 
have and use a common seal, which they may change or alter 
at pleasure; and in whom the government of said corporation 
shall he vested, and by whom its affairs shall be managed. 

Boundaries of Sec. 2. All that district of country embraced within the 
following boundaries, to wit: Beginning at the northeast cor- 
ner of the west half of the northwest quarter of section 
three, in township twenty-three north, of range tw^o, east of 
the third principal meridian; thence, south, one and a half 
miles; thence, west, one and a half miles; thence, north, one 
and a half miles; and thence, east, one and a half miles, to 
the place of beginning, is hereby declared to be within the 
boundaries of the town of Bloomington. 

Term of ser- Sec. 3. That the present president and trustees of said 

vice of ^rpo- town shall continue in office until the second Monday in April 
^"next, and until their successors are duly elected and qualified; 
and forever thereafter an election shall be held, on the second 
Monday in April, anuually, fpr five trustees, who shall hold 
their offices for one year, and until others are duly elected 
and qualified. No person shall be a trustee of said town who is 



INCORPORATION LAWS OF ILLINOIS. 273 

not a citizen of the State of Illinois and of said town, and who 
has not arrived at the age of twenty-one years, and who has 
not resided in said town at least six months next preceding 
his election, and who shall not be at the time a bona fide free- 
holder in said town. All persons who arc entitled to vote for q ,./. . 
representatives to the General Assembly, and shall have re- of voters 
sided in said town three months next preceding an election, 
and who shall be an actual resident of said town at the time 
of said election, shall be entitled to vote for trustees; and the 
said trustees shall, at their first meeting, proceed to elect one 
of their body president; and (hey shall have power to fill all 
vacancies in said board occasioned by death, resignation, or 
otherwise. 

Sec. 4. The board of trustees shall' have power to ^^^.^owbtb oi 
point a clerk, assessors, treasurer, supervisor of streets, and ^^^^ ^^^' 
all such other officers as may be necessary. They shall be 
judges of the qualifications, elections, and returns of their 
own members. A majority of their board shall constitute 
a quorum to do business, but a smaller number may ad- 
journ from day to day, and compel the attendance of ab- 
sent members, under such penalties as the board may provide. 
They may determine the rules of proceedings, punish their 
members for disorderly conduct, and make such other rules 
and regulations for their own government as to them may 
seem fit and expedient. 

Sec 5. The board of trustees shall have exclusive power Further pow- 
to levy and collect a tax on all real and personal estate with- 
in the limits of said corporation, Provided^ That the per cent. Proviso, 
on the assessed value thereof shall not exceed the per cent, 
authorized by the revenue laws of this State. They shall 
have power to make regulations to secure the general health 
of the inhabitants; to prevent and remove nuisances; lo pro- 
vide for licencing and tax'ng taverns, stores, groceries, auc- 
tioneers, theatrical and other shows and amusements within 
said corporation; to prohibit and restrain gaming, gaming- 
houses, bawdy-houses, and other disorderly houses; to open 
and keep in repair streets, lanes, alleys, drains, and sewers, 
and to keep the same clean; to require bond and security of 
town officers for the faithful performance ol their duties; and 
from time to time pass such ordinances and by-laws, to carry 
into effect the provisions of this act and the powers hereby 
granted, as the good of the inhabitants may require; and to 
impose and appropriate fines and forfeitures for the breach 
of any ordinance, and provide for the collection thereof; and 
in all cases arising under this act, or growing out of the by- 
laws and ordinances made in pursuance of this act, any jus- 
tice of the peace within said corporation shall have jurisdic- 
tion to hear and determine the same, and an appeal may be 
taken, and writs of certiorari prosecuted, from any such de- 
cision, in the same manner as now is or may be hereafter 



174 



INCORPORATION LAWS OF ILLINOIS. 



Lots may 
taxed. 



Proviso. 



Powers of 
trustees. 



for the board of trustees to 
on the owners of lots on any 
the purpose of grading and 
street: Provided^ That two- 



provided by law for appealing from judgments of justices of 
the peace, 
be Sec. 6. It shall be lawful 
levy and collect a special tax 
street or parts of a street, for 
paving the side-walks on said 

thirds of the property-holders on such street shall first petition 
for the same. 

Sec. 7. The board of trustees shall have power to regu- 
late, grade, pave, and improve the streets, avenues, lanes, and 
alleys within the limits of said corporation, and to extend, 
open, and widen the same, making the person or persons in- 
jured thereby adequate compensation; to ascertain which the 
said board shall cause to be summoned six good lawful men, 
freeholders and citizen.* of said town, not directly interested, 
who, being firf.t duly sworn for that purpose, shall inquire into 
and take into consideration as well the benefits as the injury 
which may accrue, and estimate and assess the damages which 
would be sustained by reason of the opening, extending, or 
widening of any street, avenue, lane, or alley; and shall re- 
port their proceedings, ^under their hands and seals, to the 
board of trustees; and the board of trustees shall thereupon 
pay, out of the treasury of the corporation, to the person to 
be injured, the amount of damages assessed in his favor. 

Sec. 8. The board of trustees shall have power, from 
time to time, to pass such by-laws and ordinances as to them 
may seem expedient, not inconsistent with the constitution or 
laws of this State; and all ordinances of said trustees shall 
be fairly written out and recorded by the clerk, and published 
in such mrnncr as the board may direct. 

Sec 9. The board of trustees are also vested with power . 
to declare what shall be considered a nuisance within said 
town, to prevent the running and indecent exhibition o( horses; 
to provide for the trial and punishment of persons who may be 
engaged in assaults, assaults and batteries, aifrays, riots, or other 
disorderly conduct in said town; and to provide that such 
punishment may be inflicted for any offence against the laws 
Proviso. of this State: Provided, Tliat no person shall be deprived 

of the right of trial by jury in any case where such person 
would be entitled to a trial by jury for a Ukc offence against 
the laws of this State. 

Sec. 10. The board of trustees shall have power to pro- 
vide for the punisliment of offenders by imprisonment in the 
county jail, in all cases where such offenders shall refuse or 
fail to pay fines which may be assessed, or forfeitures or pen- 
alties which may be recoverable. 

Sec 11. The board of trustees shall have power to adopt 
such modes and means for the assessment and collection of 
taxes as they may from time to time fix upon and determine; 
and to prescribe the manner of selling property when the 
taxes levied upon it are not paid: Provided, however. That no 



INCORPORATION LAWS OF ILLINOIS. 1 75 

sale of any town lots, or other real estate shall be made until 
public notice shall have been given, for at least four weeks 
successively previous to the day of sale, by advertisement in 
a newspaper published in said town, or by posting up written 
notices thereof, in at least three of the most public places in 
said town, one of which shall be on the court house door. 

Sec. 12. When any town lot or lots, or real estate, shall 
be sold for taxes by virtue of this act, the same may be re- 
deemed, at any time within two years from the date of such 
sale, by the owner of such property, his or her heirs or as- 
signs, agents, administrators, or executors, paying '•o the trea- 
surer of said town, for the use of the purchaser of said pro- 
perty, the full amount of the purchase money, and costs, with 
such interest as said corporation may by ordinance require. 

Sec. 13. The members of the board of trustees, and every 
other officer of said corporation, shall, before entering on the 
duties of his office, take an oath or affirmation, before some 
judge or justice of the peace, to support the constitution of 
the United States and of this State, and faithfully to demean 
himself in office. 

Sec. 14. The board of trustees shall have power to ap- 
point a town constable or constables, and authorize him to 
execute all writs, process, and precepts, which may be issued 
against persons for the violation of the laws or ordinances 
of the corporation; and to arrest, on view, all persons who 
may violate such laws or ordinances; to collect all fines, for- 
feitures, and penalties which may be assessed or recovered for 
the use of the corporation; and to require bond and security 
of said constable, in such sum as they may think proper. 
Said constable or constables shall hold their office during the 
pleasure of the board of trustees. 

Sec. 15. The board of trustees, for the purpose of keep- Three days' 
ing the streets and alleys in said town in good order and re- ^^^°^. '^^^^^^ 
pair, are hereby authorized to require every male resident of persons o» 
said town, over the age of twenty-one years, to labor on said streets, &c. 
streets, alleys, and roads three days in each year; and any 
person w^ho shall be notified by the supervisor of streets to 
perform such labor so assessed as herein provided, and shall 
fail or neglect to perform the same, shall forfeit and pay the 
sum of one dollar for each day's labor neglected to be per- 
formed; and the supervisor of streets in the proper districts 
is hereby authorized to prosecute such delinquent persons, in 
the name of the president and trustees of the town of liloom- 
ington, before any justice of the peace in said town ; and said 
supervisor shall be a competent witness against said delinquent; 
and in case of default as aforesaid, the justice of the peace 
shall enter up judgment against said delinquent for the 
amount so forfeited, with costs of suit, and issue execution 
forthwith. 

Sec. 16. It shall be the duty of any justice of the peace 
residing in said {own, on complaint being made to him, on 



176 



INCORPORATION LAWS OF ILLINOIS. 



oath, of the viclation of any law or ordinance of the corpo- 
ration, or upon view, to issue his warrant, directed to the 
town constable,^ or any other authorized officer, to appre- 
hend the offendei^ or offenders, and bring him or them lorth- 
with before him; and, alter hearing the evidence, if it shall 
appear that the accused has been guilty of the violation of 
any such law or ordinance of the corporiition, to impose such 
fine or imprisonment as shall be provided in such law or ordi- 
nance. 
President,&c. Sec. 17. The said president and tmstees are hereby made 
may hold capable, in law, to take and hold to themselves and successors 
&c.for cfertain ^^J lands, tenements, hereditaments, and the rents, issues, 
purposes. and profits thereof, which may be necessary for the erection 
of any market-houses, and other public buildings, and the 
same to sell, grant, and dispose of, if necessary ; and to sue 
and be sued, plead and be impleaded, answer and be answer- 
ed unto, in any court or place whatever; and all suits and 
judicial proceedings under this act shall be carried on in the 
name and style of "The president and trustees of the town 
of Bloomington." 
Compenea- Sec. 18. The justices of the peace and constables who 
tion. are required to render services under this act shall be entitled 

to the same fees, and collect them in the same manner, as 
now is or may be hereafter provided by law for other Justices 
of the peace and constables, 
limits of tax. Sec. 19. Lands embraced within the limits of the corpo- 
ration of said town of Bloomington shall not be taxed by the 
president and trustees of said town at any higher or greater 
rate than said lands would be taxed by the laws of the State, 
unless the same are Icdd out into town lots or occupied as town 
lots. 
Act not for- Sec. 20. This act shall not become forfeited by the fail- 
u^e U) hold "^^ ®^ *^^ inhabitants to hold an election for president and 
electioii. trustees or other officers as herein before provided; but when 
such failure shall have occurred, it §hall be the duty of the 
president and trustees to order another day of election to take 
place within thirty days after such failure, by posting notices 
thereof, at least ten days previous to holding the same, in 
three of the most public places in said town; and if they 
shall fail to give such notices, it shall be lawful for any three 
freeholders to give such notices; and the officers elected at 
such election, when duly qualified, shall have the same pow- 
ers as if elected at the regular election; and they shall hold 
their offices until the next regular elections, and until their 
successors are duly qualified. 
Voters to vote Sec. 21. The qualified voters within the corporation shall, 
b^'ing incor-*' ** *^^ ^^^ annual election for president and trustees, vote for 
porated. Or against becoming incorporated under the provisions of this 
act; and, if a majority of all the votes given shall be against 
the provisions of this act, the provisions contained herein 
shall be null and void. 

Approved, March 2, 1839. 



INCORPORATION LAWS OF ILLINOIS. 



177 



AN ACT to incorporate the Marshall Academy. Jn force Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That William B. Archer, 
James Whitlock, William C. Griffeth, Charming Madison, 
Justin Harlin, Ninevah Shaw, William McKeene, Wood- 
ford Dulaney, Stephen Archer, James Plaster, John Bartlctt, 
Jonathan K. Greenough, William Tutt, Nathan Taflt, Thomas 
T. Wenthers, and Joshua P. Cooper, be, and they are hereby, 
created a body politic and corporate, to be styled and known Body politic, 
by the name of "The trustees of the Marshall Academy," and Namc&Btyle 
by that style and name to be known, and have perpetual suc- 
cession. The said academy shall be and remain at or near Location. 
Marshall, in the county oi Clark, in the State of Illinois. 

Sec. 2. The corporate powers hereby granted shall be 
such as are usually considered requisite and useful in promot- 
ing the general interest of education, to wit: To have per- ^°^®"- 
petual succession; to make contracts ; to sue and be sued, 
plead and be impleaded; to accept, acquire, purchase, or sell 
property, real, personal, or mixed, in all lawful ways; to use, 
employ, manage, and dispose of all such property, and all 
money belonging to said corporation, in such manner as may 
be directed by the trustees; to have and use a common seal, 
and to alter the same at pleasure; to make, alter, and amend 
such by-laws for the government and regulation of said cor- 
poration as are not inconsistent with the constitution and 
laws of this State; and to confer such academical or honora- 
ry degrees as are usually conferred in similar institutions. 

Sec. 3. The trustees of said corporation shall choose from officers, 
among themselves, by ballot or otherwise, a president, secre- 
tary, and treasurer; and said treasurer may be required to 
give bond and security, in such penalty and upon such con- 
ditions as said trustees may direct: Provided, That, if the proyjgo, 
trustees shall consider it advisable, the secretary shall also be, 
ex officio, treasurer. Said trustees shall fill any vacancy that Vacancies, 
may occur in the board by reason of death, removal, resigna- "^ 
tion, or otherwise; and a majority of said trustees for 
the time being shall constitute a quorum for the transaction Quorum, 
of business, but the number of trustees shall not be in- 
creased. 

Sec. 4. The trustees of said corporation shall have author- 
ity to prescribe and regulate the studies to be pursued in said Studies, 
academy; to determine the rate of tuition, and other acade- 
mical expenses ; to appoint instructors, and such other offi- 
cers, agents, and assistants as may be necessary to manage Agents^and 
the concerns of the institution ; to define their duties, to Hx *s^^"^" «• 
their compensations, and to displace and remove them; to erect 
suitable buildings; to purchase books, chemical and philo- 
sophical apparatus ; to make rules for the general manage- 
ment of the affairs of the institution and for regulating the 



J 78 INCORPORATION LAWS OF ILLINOIS. 

conduct of the students ; but no preference or restriction of 
students shall ever be made on account of religious opinions. 
Expulsion -^'^ persons, however, may be suspinded or expelled from said 
institution, by the trustees thereof, whose habits are idle or 
vicious, or whose character is bad. 
Stock deemed Sec. 5. The stock of said corporation shall be deemed 
^"erf' personal property, and shall be assignable and transferable in 
the manner prescribed by the trustees, but shall be in perpe- 
tuity for the purpose of a seminary of learning, and for none 
oth^r, except the character of the institution should be 
Proviso. changed hereafter as herein provided for: Provided, hoio- 
ever. That the said trusteess shall, in no instance, hold, 
in trust as aforesaid, a greater quantity of land than eighty 
acres, (which quantity may be held absolutely for the benefit 
of the institution,) except the same be acquired by bequest or 
donation to said corporation ; in which case the trustees shall 
make sale thereof within the term of seven years; and auply 
the proceeds strictly to the object contemplated by the donor 
or testator. 
Capital stock Sec. 6. The capital stock of said corporation academy 
°°|^^°"*'®^^ shall not exceed one hundred thousand dollars; and the real 
fgal'eatate estate to the quantity of eighty acres, together with all the 
not to exceed buildings and improvements and appurtenances thereunto be- 
«ghty acres, longing, SO long as the same shall be holden, used, and occu- 
pied by the corporation for the purposes of the institution, 
shall be free and wholly exempt from all taxes to Le levied for 
State or county purposes, or any requisition of taxes for any 
purpose whatever. 
Should trus- Sec. 7. If, at any time hereafter, the trustees of said in- 
lees wish to ^ gtitution shall be desirous to change the character of the same 
acterof acad- from that of an academy to a college, and shall memorialize 
emy, course the Legislature. to that effect, and it appearing that the insti- 
to pursue. tution shall have been well conducted, and the object of edu- 
cation advanced, the same shall be so changed, and a liberal 
charter granted, with all the necessary rights, privileges, pow- 
ers, rules, and regulations to carry the same into effect and 
If*colt iT^ ^"'' operation, to be sustained as "The Marshall College," of 
the eastern division of the State of Illinois; the town and 
academy being called to commemorate the memory of the 
late Chief Justice John Marshall, of Virginia. 
Approved, March 2, 1839. 



1q force, Mar. AN ACT to incorporate the Centre Bridge Company at Ottawa. 
2, 1839. 

Sec. 1. Be it enacted by the Feople of the State of Illinois ^ 

represented in the General Assembly , That Charles Hay ward, 

Loring Delana, and Allen H. Howland, and their associates. 

Body politic, heirs and assigns, be, and they hereby are, constituted a body 



INCORPORATION LAWS OF ILLINOIS. 17^ 

politic and corporate, by the name and style of "The Ottawa Name&ityle, 
Centre Bridge Company," with the sole power vested in them 
and their successors, in their corporate name, of suing and Powera. 
being sued, pleading and being impleaded, answering and be- 
ing answered, defending and being defended, in all courts of 
law and equity whatsoever; may make, have, and use a com- 
mon seal, and break, alter, or renew the same at pleasure; 
may purchase, take, and hold such propert) , whether real, 
per-:onal, or mixed, as they shall deem reasonable to carry into 
effect the object of said company; may exchange, sell, or 
otherwise dispose of the same; and may also establish, ordain, 
and put in execution, such ordinances, regulations, and by- 
laws as may be proper, necessary, or convenient for the gov- 
ernment of said company or incorporation, not contrary to 
the laws or the constitution of this State or the United States: 
Provided, That the real estate to be owned by said corpora- Pro"**'- 
tion shall not exceed one hundred and sixty acres. 

Sec. 2. The capital stock of said company shall not^^P^''^'^*"*^- 
exceed ten thousand dollars, and shall be divided in such num- 
ber of shares, and of such amount each, as the said Charles 
Hayward, Loring Delana, and Allen IL Howland, and asso- 
ciates, heirs and assigns, shall think proper. 

Sec. 3. A majority of the stockholders of said company 
shall constitute a quorum to do business, and shall hold their ^"°'""'"- 
first meeting, for the purpose of choosing such officers to 
transact the business of the company as shall be proper, at "^ ™^* "*' 
such time and place as the said Charles Hayward, Loring De- 
lana, and Allen H. Howland, or any two of them, shall ap- 
point, by giving thirty days' notice in one of the nearest pub- Notice o« 
lie journals to the bridge sit^; at which meeting each and ™^^""^* 
every stockholder, either in person or by proxy, shall be en- 
titled to one vote for each and every share of the stock he or 
she may own; and the said offif^ers when duly elected, or a 
majority of the stockholders, as the company shall determine, 
shall have power to call for such instalments on each share as Instalmenu. 
may be deemed necessary for the interest of the company; 
and in case of a lailure on the pan of any stockholder, his 
heirs or assigns, to pay said instalment within thirty days 
after being required, all the interest they may have or possess 
in said company shall be forfeited to the members thereof: 
Provided, That four weeks' notice of such call shall have been 
given, either in writing or in some newspaper printed in La 
Salle county. This act shall not be so construed as to inter- 
fere with the rights acquired by an act passed at the present 
session of the General Assembly, authorizing Wm. E. Arm- 
strong to build a bridge across Fox river: Provided, however, BTii\«:o ncro«» 
the said Armstrong shall make a selection of the point where*"''""*'- 
he intends to erect his bridge, within six months after the 
passage qf this act. 



180 INCORPORATION LAWS OF ILLINOIS. 

Location of Sec. 4. The said company shall have power, and are 
bridge. hereby authorized, to erect a bridge across the Fox river at 

any point on section twelve, town thirty-three north, of range 
three, east of third principal meridian, not interfering with 
the site for the acqueduct of the Illinois and Michigan canal ; 
said bridge to be so constructed as to afford a safe and free 
passage to all travel, and be kept in good repair for the pur- 
pose intended. 
Brido-e, when Sec. 5. The said company shall, within one year from the 
to be done, first day of April next, commence the building of said bridge 
across said Fox river, and shall complete the same within two 
years thereafter; otherwise this act shall be null and void. 
Sec. 6. As soon as the said bridge shall be completed it 
Toll-gate and shall and may be lawful for the said corporation to erect a toll- 
tolls, gg^g ^^ ^YiG end of or on said bridge, and to demand and re- 
ceive the same rates of toll for passing the same as are now 
(Established and received for ferriage across said Fox river in 
the town of Ottawa. 

Sec. 7. The stock of said company shall be deemed per- 
sonal property, and assignable and transferable on the books 
of the company; but no stockholder, or his legal representa- 
tives, indebted to the corporation, shall have power to make 
a transfer until such debt be paid, or secured to be paid, to 
the satisfaction of the officers of said company, or a majority 
of the stockholders. 

Sec. 8. This act of incorporation shall be and continue in 
Term of char- force for and during the term of twenty-five years from and 
ter. after its passage, and no longer. 

Sec. 9. This act is hereby declared to be a public act, 
and shall take effect from and after its passage. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to incorporate the New Greenfield Hotel Company, in Greene 
!» 1839. County. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Gtorge W. Allen, 
R. M. Brooker, William H. Holladay, Doctor Cooper, Edwin 
Henderson, and James B. Carrington, and their associates 
Body politic, and successors, be, and they are hereby, constituted a body 
Name & style, corporate and politic, under the name of "The New Green- 
Location, field Hotel Company," to be located in New Greenfield, 
Greene county, and, by that name, shall have power to con- 
Powers, tj-g^g^ 3jj(j |jg contracted with ; may have and use a common 
seal, alter or revoke the same at pleasure; and may sue and 
be sued, plead and be impleaded, answer and be answered 
unto, in all courts having competent jurisdiction; and shall be 
vested with all the powers and privileges necessary to the 



INCORPORATION LAWS OF ILLINOIS. 181 

object, of their corporation, as are hereinafter defined and 
limited. 

Sec, 2. The said company shall have power and be capa- p 
ble of holding, purchasing, improving, selling, and conveying 
any estate, real or personal, for the use of said corporation; 
second, to improve or erect buildings on the same ; third, to 
rent, lease or occupy any or all such lands belonging to said 
cumpany for a term not exceeding the lim.its of this charter: 
Provided, That the real estate owned by said company shall Proviso 
not exceed one quarter section of land except such as may be 
held as collateral security for debts due said company, or may 
become the property thereof by virtue of such indebtedness. 

Sec. 3. The capital stock of said company shall be ten $10,000capit- 
thousand dollars, with power to increase the same, at the ^! ^^^^^' . 

, ^ . , '^ ,. ' May be m- 

pleasure ot said company, to any sum not exceedmg twenty- creased to 

five thousand dollars; which capital stock shall be divided into $25,000. 

shares of one hundred dollars each, and subscribed for and 

held in manner hereinafter provided. 

Sec. 4. All contracts or other evidences of indebtedness Contracts, 
which may be made or entered into by the said corporation ^°^ executed 
shall be subscribed by the president and secretary, and, being 
so signed, shall be binding on said corporation; and convey- 
ances, entered intered into by said corporation, conveying leal 
estate belonging to said company, when signed as aforesaid, 
shall in like manner be binding on said corporation, according 
to the tenor, effect, and true intent and meaning of the same. 

Sec. 5. The concerns of said corporation shall be managed 
and conducted by directors, consisting of not more than five, Director«. 
who shall be chosen annually by the stockholders or their 
proxies, which shall be by ballot; and the directors receiving 
the greatest number of votes shall receive the certificates of Certificate of 
the inspectors declaring them duly elected. The directors so®^®'^°°' 
chosen, or the major part of them, shall constitute a board, 
and be competent to the transaction of all business; and shall 
and may from time to time make and prescribe such by-laws, 
rules, and regulations, relative to the concerns of said corpo- 
ration, the duties of the president and secretary, each of whom 
shall be elected by a majority of the directors so chosen; 
and shall also regulate the duties of their agents, clerks, and 
all others by them employed ; and the said directors shall 
have power to appoint such other officers, agents, and clerks 
as may be necessary to carry on the business of said corpora- 
tion, with such salaries and allowances as to the said directors 
may seem proper: Provided, That such by-laws and regula- Proviso, 
lions shall not be repugnant to the constitution and laws of 
the United States or of this State. 

Sec. 6. George W. Allen, R. M. Brooker, and Doctor Commission- 
Cooper, shall be commissioners, the duties of whom, or a ma- era to J^^^^^ 
jority of them, shall be to open books of subscription to the ^" ^*^ P 
capital stock of said corporation, within twelve months from 
the passage of this act, in such place or places and at such 



182 INCORPORATION LAWS OF ILLINOIS. 

times as in their opinion would best promote the interest of 
said company. Twenty days' notice shall be given by the 
commissioners of the time and place, and the number of days 
the subscription books will temain open, in a public newspa- 
per published nearest the place where the books will be open- 
ed. The commissioners shall require every Subscriber to pay, 
Amount to be ^^ ^^^ ^^^^ ^f subscribing, one dollar on every share subscrib- 
Bcription. ed by him; and if one-half of the capi'al stock shall be sub- 
scribed, it shall be the duty of said commissioners to give at 
least twenty days' notice for the meeting of the stockholders, 
for the purpose of choosing the directors of said corporation, 
designating the time and place of election ; at which election, 
persons holding stock in said company shall be permitted to 
vote, either in person or by proxy. The said commissioners 
shall be inspectors of the first election of directors, and shall 
certify under their hands the names of those persons duly 
elected, and deliver to them the subscription books and the 
amount of money received on subscriptions. 

Sec. 7. The stock of said corporation shall be deemed 

personal property, and assignable and transferable on the 

books of the corporation ; but no stockholder indebted to the 

corporation shall be permitted to make a transfer until such 

debt be paid, or secured to be paid, to the satisfaction of the 

directors. 

Books of re- Sec. 8. The company shall at all times keep proper books 

cord. ^|- accounts, in which shall be registered all the transactions 

of the corporation, and the same shall at all times be subject 

to the investigation of the stockholders; and it shall be the 

duty of the directors to make annual dividends, or at such 

other times as a majority of the directors may direct, of so 

much of the profits of said company as to them may seem 

proper. 

Stock not dis- Sec. 9. The stock, not disposed of by the commissioners 

pose of. jj^ ^j^g manner heretofore named, shall and may be isr 

sued, by the directors for the time being, according to the 

by-laws and regulations that may be adopted by the said 

company. 

Sec. lU. As soon as twenty per cent, of the capital stock 
of said company shall be subscribed, and ten per cent, of the 
same paid in, the said corporation shall be authorized to pro- 
ceed to business, and not before. 
Each share Sec. 11. In all elections for directors, each share of the 
capital stock shall entitle the holder to one vote. 

Sec. 12. The directors shall have power to require the 
stockholders, respectively, to make payment of all sums of 
money by them subscribed, and remaining unpaid, at such 
time and in such proportion as such directors shall see fit, un- 
der the pain of forfeiture of the share or shares upon which 
payments are required, and all previous payments thereon, to 
the said corporation. 



one vote. 



INCORPORATION LAWS OF ILLINOIS. 183 

Sec. 13. The directors shall give at least twenty days' Notice of call 
personal notice, in the manner that the by-laws of said cor- 
poration may direct, or thirty days public notice published in 
the nearest newspaper, one in such week, of such call; which 
notice shall be sufficient call on such stockholders to authorize, 
in case of default to comply therewith, the forfeiture above Default, 
provided. 

Sec. 14. This act is hereby declared a public act, and 
shall be favorably construed in all courts of justice, and shall 
take effect from and after its passage, and be and remain in Expiration o( 
force for the term of twenty-five years. charter. 

Approved, March 1, 1839. 



AN ACT to establish a company for manufactures. In force, Mar 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Levi D. Boone, 
his associates and successors and assigns, be, and they are 
hereby, constituted a body corporate and politic, by the name Body politic 
of "The Union Steam-mill Company;" and, by that name Name & styl«. 
and style, they and their successors shall have succession, and 
shall, in law, be capable of suing and being sued, in all Powers, 
courts and places whatsoever; shall have a common seal; and 
shall, by their corporate name, be capable, in law, of holding 
and conveying any real estate and personal estate for the pur- 
poses and use of said corporation. 

Sec. 2. The company shall have power and authority to Further pow- 
carry on the manufacture of flour and oil other useful manu-ers. 
factures, and to enter into contracts and execute agreements, 
and do all other acts for the purpose of carrying on said 
business and protecting the interest of said company; may 
make, ordain, and establish all necessary by-laws, not inconsis- 
tent with the constitution and laws of the United States and 
of this State. 

Sec. 3. The capital stock shall consist of not more than capital stock 
fifty thousand dollars, divided into shares of such amount as 
the directors shall order ; and the corporation hereby created 
shall continue for twenty years. 

Sec. 4. The company and affairs of said company shall Managers. 
be under the order of five managers, to be chosen by the 
stockholders in such manner as the by-laws shall direct, and 
shall continue in office for one year, and until their successors 
shall be chosen. 

Approved, March '2, 1839. 



INCORPORATION LAWS OF ILLINOIS. 

In force, Mar. AN ACT to incorporate the Winslow Bridge Company. 

2, 1839. 

Sec. 1. Be it enacted hy the People of the State of Ulinoia, 
represented in the General Assembly, That all persons who 
may become stockholders pursuant to the provisions of this 
Body politic, act be, and they are hereby, created a body politic and cor- 
Name & style, porate, by the name and style of "The Winslow Bridge Com- 
pany," and, by that name, shall be authorized to hold real 
estate sufficient to effect the objects contemplated by this act; 
and of suing and being sued, defending and being defended, 
Powers. in law and in equity, in all courts whatsoever; and shall have 

power to establish such by-laws, rules, and regulations, not 
repugnant to the constitution and laws of this State and of 
the United States, as shall be found requisite for the due gov- 
ernment and proper management of said corporation. 
Capital stock. Sec. 2. The capital stock of said corporation shall be 
Proviso. twenty-five hundred dollars, to be divided into shares of 

twenty-five dollars each : Provided, however, That if it shall 
be found insufficient for the erection of a suitable bridge across 
the Pickatonica river, as designed by this act, said corporation 
may increase said capital stock to an amount not exceeding 
in the whole five thousand dollars. 

Sec. 3. That William S. Russell, Thomas Vanvalza, Wil- 
liam Wardham, David Marsh, and John K. Brewster, of 
Stephenson county, in the State of Illinois, and Russel W. 
Baldwin, William Boiles, Fortunatus Berry, and William J. 
Commission- Bankson, of Wisconsin Territory, be, and they are hereby, 
ers to obtain appointed commissioners to open books for subscription to the 
for Ttock.""^ capital stock of said corporation; which shall be opened at 
such time and place and manner as said commissioners may 
prescribe. 

Sf.c. 4. Whenever fifty shares of the stock of said cor- 
poration shall have been subscribed, the commissioners afore- 
Election of said shall give at least three weeks' notice of the time and 
directors. place of the meeting of the stockholders for the choice of 
directors, by advertisement thereof in some newspaper pub- 
lished in or nearest said county of Stephenson, or personal 
notice in writing; and at the time and place appointed as 
aforesaid, the stockholders shall choose, by ballot, five or seven 
directors, being stockholders of said corporation, who shall 
■Uuorum. serve for one year, and until their successors are chosen and 
tion!"^ ^ ^'^' ^u^l'fisd for office; a majority of whom shall form a quorum 
for the transaction of business. An annual election for the 
choice of directors shall be held at such time and place as the 
Officers. stockholders at their first meeting shall appoint; and the direc- 

tors thus chosen shall select one of their number to act as 
president, and also appoint a secretary, treasurer, and such 
other agents as they may consider expedient: Provided, That 
in case said stockholders neglect or fail to elect directors at 
any annual meeting, said corporation shall not on that account 
be dissolved, but the president and directors for the time being 



INCORPORATION LAWS OF ILLINOIS. Ig5 

shall exercise the duties of their office till their successors are 
duly chosen by the said stockholders. 

Sec. 5. The directors may demand from the stockholders, 
respectively, all sums of money by them subscribed, at such Sums subscri- 
times and in such proportions as they may direct, first giving bed. 
notice to said stockholders as prescribed in the fourth section 
of this act, stating the amount on each share demanded, and 
the time and place of payment; and if any stockholder shall 
neglect or refuse to pay the sum required as aforesaid for the 
space of fifteen days after the time named for such payment, 
the said corporation may, if they see fit, commence suit 
against such delinquent for the amount due, in any court of 
competent jurisdiction, and recover the amount, with two per 
cent, a month interest thereon ; and if said amount cannot be 
levied on execution, or if such delinquent is out of the State, 
the corporation may declare said stock forfeited, with what- 
ever amount may have been previously paid thereon, and the gj^^jj ^jjgj, 
same shall remain to the sole benefit of the said corporation, forfeited. 

Sec. 6. The said corporation may construct a bridge across May build a 
the Pickatonica river at the village of Winslow, at or near ^'."S^ at 
where the free ferry now is; and the same shall be built in a 
safe and workmanlike manner, with a convenient draw, or 
otherwise, so as not to obstruct the free passage of steam and 
other boats, rafts, &c., not less than eighteen feet wide, and 
well secured by a firm railing on each side thereof not less 
than four feet high. 

Sec. 7. Whenever said bridge shall be completed, said 
corporation may erect a gate and toll-house at either end 
thereof, and may demand and receive for toll not exceeding 
the following rates, to wit: Every four wheeled carriage. Rates of toll, 
drawn by two horses or oxen, twenty-five cents; for each 
additional horse or ox attached to said carriage, six and a 
fourth cents. Every two wheeled pleasure carriage, twenty- 
five cents; for every wagon or cart, sleigh, sled, or cutter, 
drawn by one horse, eighteen and three-fourth cents ; for 
every "cart, sleigh, or sled, drawn by two horses or oxen, 
twenty-five cents ; for each man and horse, twelve and a half 
cents; for each horse and mule, six and a fourth cents; for 
each head of neat cattle, three cents ; for every sheep or hog, 
one cent; for every foot passenger, six and a fourth cents; 
and in the like proportion of the foregoing rates for any other 
animals or carriages. But all persons going to and returning pg^gons free 
from places of religious worship ; going to and returning when from toll, 
in the discharge of military duty; and all foot passengers 
crossing said bridge residing within one mile of the same, 
shall be exempt from paying toll: Provided, further, That all 
persons bringing grain of any kind to the mills established at 
said village of Winslow, and returning with the same when 
ground, and also all persons residing within two miles of said 
bridge, who may cross the same for the purpose of procuring 
fire-wood and timber for their own proper use, shall not be 



186 



INCORPORATION LAWS OF ILLINOIS. 



Injury done 
to bridge. 



Passing toll- 
gate. 



If toll-gather- 
er det£Lin per- 
sons^tofoifeit. 



Bridge to be 
kept in repair. 



Proviso. 



Proviso. 



When act to 
void. 



County may 

purchase 

bridge. 



Evidence of 
stock. 



required to pay more than quarter part of the regular tolls 
as specified at the commencement of this section. 

Sec. 8. If any person shall wilfully impair or injure 
said bridge, the person so offending shall forfeit and pay to 
said corporation treble the amount it may cost to repair the 
same, with costs of suit, to be received, [recovered,] on convic- 
tion thereof, in any court of law having competent jurisdiction. 

Sec. 9. If any person shall forcibly pass the gate or bridge 
aforesaid without having paid the legal toll, he shall forfeit 
and pay eight times the amount of said toll, with costs, to be 
recovered for the benefit of said corporation by an action of 
debt before a justice of the peace. 

Sec. 10. If any toll-gatherer shall, without sufficient rea- 
son, delay or hinder any passenger at the gate, or shall receive 
or demand more than the legal toll, he shall, for every such 
offence, forfeit the sum of five dollars, to be recovered, with 
costs, to the use of the person so unreasonably delayed, hin- 
dered, or defrauded. 

Sec. II. The said corporation shall, at all times after the 
completion thereof, keep said bridge in good repair; and 
should the same be permitted to remain in a dangerous or 
impassable state for the space of twelve months at one time, 
the said bridge shall be forfeited to the county of Stephenson : 
Provided, however, That the destruction of said bridge by fire, 
high water, or other casualty shall not work a forfeiture of the 
privileges hereby granted, if the said corporation shall forth- 
with proceed to repair the same. 

Sec. 12. No person or corporation shall, within the term 
of ten years within the completion of said bridge, construct 
any other toll-bridge within one mile above or below said 
bridge: Provided the said corporation shall keep said bri«^g€ 
in good repair during the term of ten years pursuant to the 
provisions of this act. 

Sec. 13. If the said bridge shall not be constructed within 
the term of three years from the passage of this act, then and 
in that case this act shall be null and void ; otherwise to re- 
main in full force for the term of twenty years. 

Sec. 14. Whenever the county commissioners of the 
county of Stephenson may deem it expedient to purchase 
said bridge, they shall have the right to do so by paying said 
corporation the original cost of the same, with twelve per 
cent, thereon; and said corporation shall file, with the clerk 
of the county commissioners' court of Stephenson county, a 
true statement of the actual cost of said bridge within one 
year after the completion of the same. 

Sec. 15. Certificates shall be issued to the stockholders, as 
evidence of the stock held by them, which shall be signed by 
the president and secretary; said stock to be transferable 
on the books of the corporation only personally, or by agent 
or attorney duly authorized for that purpose ; and said stock 



INCORPORATION LAWS OF ILLINOIS. 187 

shall at all times be holden by the corporation due from the 
holders to said corporation. 

Sec. 16. Jn all elections for directors or for other purposes, 
each stockholder shall be entitled to vote, either in person or 
by proxy, according to the amount owned by him in said 
corporation, each share counimg one vote: Provided, however, FroviBo. 
That no one stockholder shall be entitled to more than twenty 
votes. 

Sec. 17. The directors may call meetings of the stock- Meeting of 
holders whenevev they may deem it expedient, and also when stockholders, 
requested so to do in writing by any ten of the stockholders ; 
and shall at each annual meeting present a true and accurate 
account of the concerns of said corporation ; and also declare 
and pay over to each stockholder, respectively, semi-annual Dividends, 
dividends of the profits that may accrue to said corporation, 
in such manner as said stockholders shall prescribe. 

Approved, March 2, 1839. 



AN ACT to incorporate the Jo Daviess Mining and Smelting In force, Mar. 

Company. 2, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Daniel Wann 
and such other persons as he may associate with him be, and 
they are hereby, declared to be a body corporate and politic. Body politic, 
for the term of twenty years, by the name and style of "The Name & style- 
Jo Daviess Mining and Smelting Company," and, by this 
title, shall be capable of suing and being sued, of pleading and Powers, 
being impleaded, of defending and being defended, in all 
courts and places whatsoever ; and may have a common seal, 
and may change the same at pleasure. 

Sec. 2. The capital stock of said company shall be divi- Capital stock, 
ded into not more than four thousand shares, of fifty dollars 
each; and the "Diggings" of the said Daniel Wann, at Vine- 
gar hill, shall form a part of the capital stock; and the said 
company shall be authorized to purchase, hold, and convey 
any lands in the county of Jo Daviess, for the purpose of con- 
ducting their mining and smelting operations: Provided they Proviso, 
shall not hold or possess during the continuance of this charter 
more than four thousand acres of land; and said operations 
of mining and smelting shall be confined to the limits of the 
present county of Jo Daviess; and all deeds executed by the 
president in the name of said company, or to said company 
by their corporate name, shall be sufficient in law to convey 
tb* title to the lands therein named. The business of said 
company shall be managed by five directors, who shall be 
annually elected on the first Monday in May, and shall hold 
their offices one year, and until others are elected: Provided, Troyiao. 
always, That no person shall be elected as directors of said 



18S 



INCORPORATION LAWS OF ILLINOIS. 



Officers. 



Powers to 
mine &, smelt, 



Proviso 



Stock trans- 
ferable. 



No banking 
privileges. 



Body politic. 
Name & style. 

Powers. 



Capital stock. 



company, or hold such office of director, except he be a stock- 
holder in said company. 

Sec. 'A. The president and directors of said company shall 
have power to appoint a treasurer, to hold his office during 
their pleasure, and such subordinate officers as they may deem 
expedient; and the duties and compensation of all such offi- 
cers shall be determined by the president and directors. 

Sec. 4. The president and directors shall have power to 
transact all business of the company, to wit: that of mining 
and smelting, and every thing connected therewith, by them- 
selves or their agents; and shall, with a majority of the stock- 
holders, have power to make such by-laws, rules, and 
regulations for the government of said company as they may 
deem proper: Provided such by-laws, rules, and regulations 
are not inconsistent with the constitution and laws of the 
United States or the laws of this State. 

Sec. 5. The shares of said company shall be personal 
property, and shall be transferable in such manner as shall 
be prescribed by the by-laws of said company, and shall be 
hable to taxation to the same extent, and no greater, as other 
property is, and to be taken in execution in the same manner 
as any other personal property is or may hereafter be liable 
by law to be taken; and.it shall be competent for the Legisla- 
ture to prescribe the manner in which execution shall be levied 
thereon. 

Sec. 6. This act shall be deemed a public act, and shall 
not be so construed as to confer any banking privileges, and 
shall take effect from and after its passage. 

Sec. 7. That George W. Harrison and such other persons 
as shall become stockholders pursuant to this section shall be, 
and they are hereby, appointed a body politic and corporate', 
by the name and style of "The Buncombe Mining and Smelt- 
ing Company," and, by that name, shall have perpetual suc- 
cession for twenty years, with the right to sue and be sued, 
plead and be impleaded; to make and use a common seal, and 
the same to alter or change at pleasure; to contract and be 
contracted with, in all matters and things relating to their cor- 
porate powers or duties, as fully and effectually as a natural 
person; to purchase, hold, and convey real and personal estate. 

Sec. 8. This company or corporation shall have the same 
amount of capital, perform all the duties, and be governed by 
all the restrictions and limitations contained in the second, 
third, fourth, fifth, and sixth sections of this act, so far as 
they can be made applicable to "The Buncombe Mining and 
Smelting Company," in the county of Jo Daviess. 

Approved, March 2, 1839. 



INCORPORATION LAWS OF ILLINOIS. Jgg 

AN ACT to incorporate the Exeter Manufacturing Company. In force, Mar. 

1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Isaac G. Israel, 
Dennis Rockwell, John P. Wilkinson, George M. Chambers, 
their associates, successors, and assigns are hereby constituted 
a body politic and corporate, by the name and style of "The ^°^y politic. 
Exeter Manufacturing Company," and, by that name, shall ^"^^ °^^ ^" 
have succession and existence for the period of twenty-five 
years from the passage of this act; and are hereby made 
capable, in law, to grant and receive by the corporate name, 
to sue and be sued, contract and be contracted with, to plead °^^"* 
and be impleaded, in all courts or places wherein judicial pro- 
ceedings may be had; to have a common seal, and alter the 
same at pleasure ; and to do all acts in relation to the man- 
agement and conduct of the business of the company as a 
natural person. 

Sec. 2. The company shall have power to carry on the 
business of mining, transporting, and selling stone-coal, of Mining, 
manufacturing meal and flour, Avoollen goods, paper, and saw- 
ing lumber, at Exeter, in Scott county. 

Sec. 3. The capital stock of the company shall be one Capital stock, 
hundred thousand dollars, with liberty to increase the same 
to three hundred thousand dollars whenever desired by a ma- 
joirily of the stockholders. The said stock shall be divided 
into shares of one hundred dollars each; and said stock shall Shares. 
be deemed personal property, and held liable to be sold on 
execution, and shall be taken and subscribed as herein 
provided. 

Sec. 4. Books for the subscription of said stock shall be Subscription 
opened, under the direction of the aforesaid persons, at Jack-^oo'^s. 
sonville, or at such place as may be appointed by them, upon 
giving ten days' notice of the time and place of opening the 
same, by pubUcation in one or more newspapers printed in 
the place where the books are to be opened ; and all persons 
desiring to subscribe to said stock shall be permitted to do so 
during the period of keeping open said bcjoks, which shall not 
be less than five days-, and each person subscribing one or 
more shares shall be a stockholder to the extent of the sub- 
scription, upon paying five dollars upon each share subscribed; 
and the actual payment of the money shall be a condition 
precedent to becoming a stockholder. 

Sec. 5. When five hundred shares shall have been sub- 
scribed as aforesaid, there shall be an election held under the Election for 
direction of the aforesaid persons for five directors of said directors, 
company; by whom the business of said company shall be 
managed and conducted, and who shall severally own 
at lest ten shares of the capital stock. The election pj^^^ ^^ ^^^^^ 
shall be held in .Tacksonville or Exeter, and notice oftion. 
the time and place of holding such election shall be given by 
publication in some newspaper printed in Jacksonville, at 



190 



INCORPORATION LAWS OF ILLINOIS. 



tions, 



least four successive weeks; and at such election each share 
of stock shall entitle the owner thereof to one vole, and a 
plurality of votes shall be sufficient to make an election. 
Votes may be given in person or by proxy. 

Powers, how Sec. 6. All the powers conferred upon the corporation 

exercised. g}^g)| jjg exercised by the directors, to be elected as aforesaid, 
and their successors; and said directors shall be the succes- 
sors of the persons named in the first section of this act; and 
upon the election of directors as herein provided for, the com- 
pany shall be deemed to have been organized, and may pro- 
ceed to the transaction of business under and by their corpo- 

Termofoflice. rate name. The directors first elected shall continue in office 
for one year, and until their successors are elected. They 
shall at their first meeting appoint one of their number presi- 
dent of the board, who shall be president of the company. 

Annual elec- Sec. 7. Elections for directors shall be held annually at 
such place as may be appointed by the directors, and the 
mode of conducting the same shall be provided for by the by- 
laws of the cor,3oration. The directors for the time being 
shall appoint all agents and clerks, and prescribe their duties, 
and fix their compensations. They shall also provide for the 
transacting all the business of the company, and do and per- 
form all acts in relation to the business, property, and effects 
of the company, and to the use and disposition of such proper- 
ty and effects, as a natural person may. 

Sec. 8. The directors for the lime being shall require pay- 
ments to be made upon stock subscribed from time to time, in 
equal proportions, irom the stockholders until the whole sum 
subscribed shall have been paid; and owners of stock failing 
to pay as required shall be liable to the action of the company 
for the amount required; and the directors shall have power 
to forfeit the stock of all persons failing to make payments, 
and all previous payments, to the use ol' the company. 

Sec. 9. The corporation hereby created shall never own 
more than one thousand acres of land at any one time; and 
this privilege is only to be extended to enable the company 
to have and use limber growing upon land for the purpose of 
converting the same inio lumber, and to obtain coal; and 
no purchase of land shall be made except to enable the com- 
pany to obtain stone-coal and for the use aforesaid, to procure 
timbei, and to be occupied by houses, mills, machinery and 
lumber-yards necessary to be used in the transaction of the 
business oi the company. 

Sec. 10. At the first meeting after any election, one of the 
directors shall be chosen as president of the company, who 
shall continue in office as such until superceded by election; 
and if at any time the stockholders shall fail to make an elec- 
tion as herein required, the corporation shall nevertheless con- 
tinue in existence, and the president and directors last elected 
shall continue in office until succeeded by the election of suc- 
cessors. 



Election of 
President. 



INCORPORATION LAWS OF ILLINOIS. J9| 

Sec. 1 1. The corporation shall have the power to con- 
struct, put in operation, and have and maintain, during its ex- 
istence, a turnpike or railroad from Exeter to the Northern Turnpike or 
Cross railroad for the purpose of affording facilities of trans- railroad, 
portation from and to their establishment; but such road, if a 
railroad, shall not be united or connected with the State rail- 
road except upon terms to be prescribed by the Board of Pub- 
lic Works, acting under authority of law; and said company 
shall have the right to use such road, and to charge and re- 
ceive tolls for the use of the same by others, and subject to 
the rights of the company. The road when constructed by 
them shall be deemed and considered a public highway. 

Sec. 1:2. The company shall keep regular accounts of its Books of ac- 
business and financial operations, and shall divide the profits count, 
of its operations among the stockholders annually; and any 
stockholder shall be held liable to creditors for the amount of 
stock subscribed and not paid into the company. 

Sec. 13. This act shall be deemed a public act in all courts Act deemed 
and places whatsoever. P" ^'^' 

Sec. 14. The stock of the company shall be transferable Stock assign- 
and assignable in such manner and upon such terms as may ^'''^• 
be provided by the by-laws. The limitation imposed as 
to the right to hold real estate shall not be construed to 
prevent the corporation from purchasing real estate sold 
under execution in its favor, or from receiving mortgages 
upon real estate, to secure debts contracted bona fide; but 
real estate purchased as aforesaid shall not be held by said 
company exceeding the term of five years; and the holding • 

or attempting to hold, directly or indirectly, for a longer pe- 
riod snail work a forfeiture of the estate, and its reversion to 
the former owner or his or her legal representatives. 

Approved, March 1, 1839. 



AN ACT to incorporate the Trustees of the Rush ville Female Seminary, tn force, Mar. 

1, 1839. 
Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That Josiah Parrott, 
Adams Dunlap, George H. Scripps, George Little, O. M. 
Houghland, Micaiah Warren, and William H. Withrow, be, 
and they are hereby, constituted a body politic and corporate. Body politic, 
by the name of "The trustees of the Rushville Female Semi- Name, 
nary," and, by that name and style, shall remain and have 
perpetual succession. The said seminary shall be located at^^ocation. 
or near the town of Rushville, in Schuyler county. The 
trustees of said seminary shall not exceed nine, exclusive of JJJJ™°®J *^ 
the presiding officer of the institulion, who shall, ex officio^ 
be a member of the board of trustees. For the present the 
aforesaid individuals shall constitute the board of trustees, who 
shall fill the remaining vacancies at their pleasure. 



192 



INCORPORATION LAWS OF ILLINOIS, 



Course of stu 



Officers. 



Sec. 2. The primary object of the said institution shall be 
to .educate the youth of the country, and to fit and prepare 
them for the various duties of life. 

Sec. 3. The corporate persons [powers] hereby granted shall 
Corporate be the following, towit: To have perpetual succession; to make 
powers. contracts ; to sue be sued, plead and be impleaded, in all 

courts of law and equity ; and to grant and receive by their 
corporate name ; to accept, acquire, purchase, or sell property 
real, personal, or mixed, in all lawful ways; to use, employ, 
manage, and dispose of all such property, and all moneys be- 
longing to said corporation, in such manner as shall seem to 
the trustees best adapted to promote the objects above named; 
to have a common seal, and alter and change the same at 
pleasure; to make such by-laws for the regulation of said 
institution as are not inconsistent with the constitution and 
laws of this State. 

Sec. 4. The trustees of said corporation shall have au- 
thority from time to time to prescribe and regulate the course 
of studies to be pursued in said seminary ; to fix the rate of 
tuition and other academical expenses; to appoint instructors 
and such other officers and agents as may be necessary in 
managing the concerns of the institution; to define their duties, 
to fix their compensation, and to dispose [displace] or remove 
them; to erect necessary buildings; to purchase books, chemi- 
cal and philosophical apparatus, and other suitable means of 
instruction ; to make rules for the general management of the 
affairs of the institution, and for the regulation of the conduct 
of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to fill any vacancy 
which may occur in their board from death, removal out of 
the State, resignation, or other cause. A majority of the 
trustees for the time being shall be a quorum to do business. 
Sec. 6. The trustees of said institution shall appoint a 
treasurer, and take bond, with such security, in such penalty, 
and with such conditions, as the said board may prescribe. 

Sec. 7. The said institution shall be open to all denomina- 
tions of christians, and the profession of any particular reli- 
gious faith shall not be required of those who become students; 
all persons, however, may be expelled or suspended from said 
institution, by the trustees thereof, whose habits are idle or 
vicious, or whose moral characters are bad. 

Sec. 8. The lands, tenements, and hereditaments to be 
held in perpetuity by the s.aid corporation shfill not exceed six 
Proviso. hundred and forty acres: Provided, however^ That if dona- 
tions, grants, or devises in lands shall from time to time be 
made to the said corporation over and above the six hundred 
and forty acres which may be held in perpetuity as aforesaid, 
the same may be received and held by said corporation for 
the period of five years from the date of any such donation, 



Quorum. 

Treasurer to 
give bond. 



Expulsion of 
students. 



INCORPORATION LAWS OF ILLINOIS. I93 

grant, or devise ; at the end of which time, if the said lands 
shall not have been sold by said corporation, then and in that 
case the said land so donated, granted, or devised, shall revert 
to the donor, grantor, or the heirs of the devisor of the 
same. 

Sec. 9. This act shall be in force from and after its pas- 
sage, and be deemed a public act. 

Approved, March 1, 1839. 



AN ACT supplemental to "An act to incorporate the Quincy, Griggs- In force Mar. 
ville, and Springfield Turnpike Company," approved March 1, 1837. 1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Quincy, 
Griggsville, Jacksonville, and Springfield Turnpike Company, 
be allowed five years longer to commence and lo complete Company al- 
the construction of the road provided for in the act incorpo- ^^^^^ "ither 
rating said company, approved March 1st, 1837. 

Approved, March 1, 1839. 



AN ACT to incorporate ttie Kaskaskia Insurance Company. In force, Mar 

1 18.39 
Sec. 1. Be it enacted by tht People of the State of Illinois, 

represented in the General Assembly, That an insurance com- 
pany, to be called "The Kaskaskia Insurance Company," is 
hereby created, with a capital stock of one hundred thousand 
dollars, which may be increased, at the will of the stockhold- ^ ^"*^ ^'^ ^' 
ers, to any amount not exceeding five hundred thousand Capital stock, 
dollars, divided into shares of one hundred dollars each, to be 
subscribed and paid for by individuals, companies, or corpo- 
rations, in the manner hereinafter specified. 

Sec. 2. Pierre Menard, Nathaniel Pope, David J. Baker, Persons to 
R. B. Servant, Seth Allen, Ferdinand Maxwell, Gabriel °J^^«f;^Joo^^= 
Jones, Joseph B. Holmes, WilUam Brewster, Edmond Me- t^Jn^" ^*^"''' 
nard, Isaac Stone, Miles A. Gilbert, Francis Swanwick, James 
M. Wheeler, J. P. McGinnis, and David Hailman, or any 
three of them, be, and they are hereby, authorized to open 
books of subscription in Kaskaskia, for the capital stock of 
said company, on the first Monday in May next, and keep 
them open every day from ten o'clock A. M. till four o'clock, 
P. M. for the space of six days; when the same shall be 
closed. If, within the said six days, five hundred shares shall 
have been subscribed for, it shall be lawful for the subscribers 
to meet, after ten days' notice in the public prints of the time 
and place of meeting shall have been given, and choose their 
directors, who may, at any time after ten day's public notice 
given, cause, the subscription books to be re-opened, and con- 
tinue open until the whole amount of said stock shall have 
been taken. 



194 



INCORPORATION LAWS OF ILLINOIS. 



Paj ment of 
stock. 



Powers, 



Sec. 3. The subscribers for the stock of the company 
aforesaid, their associates, successors, and assigns, shall be, 
and they are hereby, ordained, constituted, and declared a 
body corporate and politic, by the name and style of "The 
Kaskaskia Insurance Company;" and, by that name, they 
and their successors shall have continued succession, and shall 
be capable, in law, of contracting and being contracted with, 
of suing and being sued, of pleading and being impleaded, of 
answering and being answered unto, of deiending and being 
defended against, in all courts and places whatever, in all 
manner of actions, suits, complaints, and causes; and they and 
their successors may have and use a common seal, the same 
to alter and renew at pleasure. 

Sec. 4. The payment of the stock subscribed shall be 
made and completed by the subscribers, respectively, at the 
time and in the manner following, that is to say: At the time 
of subscribing, there shall be paid on each share one dollar; 
after the election of directors, and before the company shall 
go into operation, there shall be paid, on each share, ten dol- 
lars; and the balance due upon each share shall be subject to 
the call of the directors; and the said company shall not be 
authorized to make any policy or contract of insurance until 
the whole amount of shares subscribed shall be actually paid, 
or satisfactorily secured to be paid, on demand, by approved 
notes, by hypothecated stock, or by mortgage on real estate. 

Sec. 5. The corporation hereby created shall have full 
power and authority to make all kinds of insurances against 
losses on goods or merchandize in the course of transporta- 
tion, whether happening on the land or on water; to 
make all kinds of insurance upon lives; and to make such 
other insurances as they may deem expedient; to grant 
and purchase annuities; to receive money in trust, and to ac- 
cumulate the same, at a rate of interest not exceeding eight 
per cent, per annum, or to allow a rate of interest not ex- 
ceeding eight per cent, per annum; to accept and execute 
all such trusts of every description as may be committed to 
them by any person or persons, corporation or corporations 
whatsoevcr,or may be transferred to them by any order of court 
of record whatever; to receive and hold lands under grants, 
with general or special covenants, so far as the same may 
be necesst.ry for the transaction of their business; to lend 
money upon respondentia and bottomry; and to lend their 
surplus or unemployed money or capital to companies, cor- 
porations, and individuals, upon personal or real security, 
at such rates of interest as may row be done by the existing 
laws of this State; and, generally, to do and perform all 
necessary matters and things relating to or connected with 
their objects, or with either of them. They may also cause 
themsiilves to be insured against risks upon their interest 
which they may have in any vessels, goods, or merchandize. 
in virtue of any such loans on bottomry or respondentia. 



INCORPORATION LAWS OF ILLINOIS. 



195 



Sec. 6. The stock and affairs of the company aforesaid Directors, 
or corporation shall be managed and conducted by not less 
than five directors, who shall hold their offices for one year, 
and until others shall be chosen to supply their places as 
directors; and the said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect one 
of their number to be a president of the board, who shall 
also be the president of the company, and shall preside until 
the next annual election; and in the case of the death or 
resignation of the president or any director, the vacancy may 
be tilled by the board of directors. 

Sec. 7. The annual meeting of the members of said com- Annual ineet- 
pany shall be holdcn, in each year, at the court house in Kas-^"g- 
kaskia, or such other places as the directors for the time l)e- 
ing may appoint; at which meeting, the directors shall be 
chosen by ballot, each proprietor being entitled to as many 
votes as he holds shares; and at least ten days' notice shall be 
given, in some newspaper of general circulation published in 
this State, of the time, place, and purpose of such meeting. 

Sec. 8. The directors may appoin-t, from their own body OflScere. 
or elsewhere, one or more persons to act or assist in tbe per- 
formance of the business of the company, and also to appoint a 
secretary and such otiicr officers and servants as they may 
deem expedient; and they shall also have power to declare 
and make dividends of the profits arising from the business of Dmdemls. 
the companv, and make and prescribe all such by-laws, rules, 
regulations, and ordinances as to them shall seem proper, 
touching the business and management of the affairs of the %-law8. 
said company: Provided the same be not repugnant to the "°"'"'- 
constitution and laws of this State and of the United States. „ . , , 

Sec. 9. It shall be lawful for said comnany to purchase Se 
and hold such real estate as may be con\ .nient and necessary 
for the transaction of its business to an amount not exceeding 
fifteen thousand dollars; and also to take and hold any real 
estate as a security, or in mortgage, or in trust or pledge, or 
to secure the payment of debts due in good faith to said com- 
pany; and also to purchase real estate at any sales made in 
virtue of any judgment at law, or decree in equity, made in 
favor of said company, and to liold all such real estate so long 
only as may be necessary to enable said company to make 
sale of the same for money or orther personal property. 

Sec. 10. The stock of said company shall be considered St^ock^deem^ 
personal property, aiid be assignable and transferable accord- Pg^J"^ P"""" 
ing to the by-laws of the company. 

Sec. 11. This act shall be and is hereby declared to be 
a public act, and that the same shall be construed Hberally for 
the beniicial purposes herein intended, and the corporation 

hereby created. 

Sec. 12. Nothing contained in tliis act shall be construed ^0^^/^°^;°?^. 
as to invest said company with banking powers, as to author- ^j. 
jze them to make, emit, or utter any bank-note, or other 



J96 INCORPORATION LAWS OF ILLINOIS. 

thing to be used as a circulating medium, as or in lieu of 
Limit of char- money. This act shall continue in force for the term of twenty 
»er. years from and after the date of its passage. 

Approved, March 1, 1839. 



In force Mar. AN ACT supplemenial to the "Act incorporating tho Beardstown and 
Q 1339 Sangamon Canal Cr^mpany." 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the capital stock of 
Capital stock the Bcardstown and Sangamon Canal Company shall be 
limited to limited to five hundred thousand dollars; and the said corpo- 
|500,000. ration shall be authorized to negotiate a loan or loans, to the 
amount of its capital stock, upon such security and for such 
period of time as may be agreed on and found conducive to 
the interest of the company and the promotion of the objects 
of its enaction. 
Loans made. Sec. '2. In negotiating loans, the company may contract 
to receive the money borrowed in sums of twenty thousand 
dollars, as the same may be wanting for use in the construc- 
tion of the canal; but, in case it shall at any time happen 
that the company may have on hand any funds not wanting 
for use in paying for works, such funds may be loaned for a 
period not exceeding twelve months, and at a rate of interest 
May loan out ^^^ exceeding twelve per cent, per annum; and the provisions 
money. in the charter requiring the canal to be completed in six years 

Proviso. from the passage of said charter is hereby repealed : Provided, 

That, if said canal shall not be commenced by the first of 
January, 1841, the State shall have full right to the naviga- 
tion of the Sangamon river. 
Act to apply Sec. 3. So much of the above act as relates to loaning 
to Vandali I «fe money at interest shall also apply to the Vandalia and Alton 
pike'compa"- Turnpike Company ; also to the Vandalia and Mississippi Turn- 
ny. pike Company, who shall have all the privileges of loaning 

money as well as the Beardstown and Sangamon Canal Com- 
pany. 

Approved. March 2, 1839. 



In force, Mar. AN ACT to incorporate the town of Rushville. ' 

2, 1839. 5 

Sec. 1. Beit enacted by the People of the State of Illinois, ' 
represented in the General Assembly, That the inhabitants and I 
residents of the town of Rushville, in the county of Schuyler, ; 
Body politic, are hereby declared to be a body corporate and politic, by the \ 
name and style of "The president and trustees of the town , 
of Rushville;" and, by that name, they and their successors i 
shall be known in law, have perpetual succession, sue and be 
sued, plead and be impleaded, defend and be defended, 



INCORPORATION LAWS OF ILLINOIS. 197 

answer and be answered unto, in all courts of law and equity, 

and in all matters of action whatsoever; may grant, purchase, 

and receive, and hold property, real or personal, within the ^ . ,■ , , 

said town, and no other, (burial grounds excepted,) and may 

lease, sell, and dispose of the same for the benefit of the town; 

and may do all other acts as natural persons; may have and 

use a common seal, and break and alter the same at pleasure. 

Sec. 2. The corporate powers and duties of said town powersveaied 
shall be vested in seven trustees, (to be chosen and appointed ii trustees. 
as hereinafter directed,) who shall elect one of their number 
president, and shall form a board for the transaction of busi- ^''^^^'^^'i'- 
ness. 

Sec. 3. The members composing the board of trustees shall Annual elec 
be elected annually, on the tirst Monday in the month of May, ^^°°" 
by the citizens residing within the limits of said town or corpora- 
tion qualified to vote for Representatives to the General Assem- 
bly, to serve for one year, and until their successors shall be elect- 
ed and qualified. They shall be at least twenty-one years of Qualifications 
age, citizens of the United States and of this State, and in- of^o'^". 
habitants of said town, and shall possess a freehold estate 
within the limits thereof. Public notice of the time and 
place of holding such election shall be given, by advertise- 
ment in some public newspaper printed in said town, or by 
advertisements posted up in four of the most public places, at 
least ten days previous to the election. The present board of 
trustees for said town shall cause such notice to be given, and 
they, or a majority of them, shall be inspectors of the first 
election under this act; and all subsequent elections shall be 
held in such manner as shall be prescribed by the by-laws. 

Sec 4. The board of trustees shall appoint all officers of officers, 
their board, and shall be judges of the qualifications, elec- 
tions, and returns of their own members. A majority shall 
constitute a quorum to do business, but a smaller number may 
adjourn from day to day; may compel the attendance of ab- 
sent members in such manner, and under such penalties, as 
the board may provide. They may determine the rules of 
proceedings, punish their members for disorderly conduct, and, 
by the concurrence of two-thirds of the whole number elected, 
expel anv member; and make such other rules and by-laws Expulsion of 
for their own government as to them may seem proper and 
expedient. 

Sec. 5. The board of trustees shall have power, by ordi- Powers of 
nance, to levy and collect taxes upon all real estate within the ''""stees. 
town and limits of the corporation, not exceeding one-half of 
one per cent, upon the assessed value thereof, except as here- 
inafter excepted; to make regulations to secure the general 
health of the inhabitants; to prevent and remove nuisances; 
to establish night-watches, erect lamps in the streets, and light 
the same; to provide for taxing and regulating theatrical and 
other shows within said corporation; to restrain and prohibit 
gaming-houies, bawdy-houses, and other disorderly houses; 



198 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 



Further pow 
era. 



Duty of justi- 
ces. 



to build market-houses, establish and regulate markets; to 
open and keep in repair streets, avenues, lanes, alleys, drains, 
and sewers; to establish and regulate a fire department, and 
to provide for the prevention Rud extinguishment of fires; to 
regulate the storage of gun-powder and other combustible ma- 
terials; to erect pumps and [dig] wells in the streets for the 
convenience of the inhabitants; to regulate the election of 
town officers, and define their duties; and, in general, to regu- 
late the poUce of the town: Provided, That the ?aid trustees 
shall in no case levy a tax upon lots owned by the county, 
nor upon any land until it shall have been laid off into town 
lots. 

Sec. 6. The boundary of said corporation shall be one 
mile square, the centre of which shall be the public square in 
the said town of Rushville. 

Sec. 7. The said trustees shall have power to regulate, to 
grade, pave, and improve the streets, avenues, lanes, and al- 
leys, within the limits of said corporation, and lo extend, open, 
and widen the same, making the persons injured thereby ade- 
quate compensation; to ascertain which the trustees shall 
cause to be summoned twelve good and lawful men, freehold- 
ers and inhabitants of said town, not directly interested, who, 
being first duly sworn for that purpose, shall inquire into and 
take into consideration as well the benefits as the injury which 
may accrue, and estimate and assess the damages which will 
be sustained, by the opening, widening, or extending of any 
street, avenue, lane, or alley; and shall moreover estimate the 
amount which other persons will be benefitted thereby, and 
shall contribute towards compensating the persons injured; 
all of which shall be returned to the board of trustees, under 
their hands and seals; and the persons who shall be benefit- 
ted, and so assessed, shall pay the same in such manner as 
shall be provided by the trustees; and the residue, if any, 
shall be paid out of the town treasury. 

Sec 8. The said trustees, or a majority of them, shall 
have power to preserve good order and harmony in said town: 
to punish open indecency, breaches of the peace, gambling, 
gaming- house, horse-racing, shooting, and all disorderly houses 
or riotous meetings or assemblages; for which purpose they 
may make such by-laws and ordinances as to them may seem 
expedient, and not inconsistent with any public law of this 
State, and impose fines for the breaches thereof; which fines 
shall be recovered before any justice of the peace of said 
town. 

Sec. 9. It shall "be the duty of any justice of the peace 
residing in said town, and he is hereby authorized and em- 
powered, upon complaint being made to him, upon oath, of 
the violation of any law or ordinance of said corporation, to 
issue his warrant, directed to the town constable or to any 
authorized person, to apprehend the offender or offend- 
ers, and bring him or them forthwith before him; and, after 



INCORPORATION LAWS OF ILLINOIS. I99 

hearing the evidence, if it shall appear that the accused has 
been guilty of the violation of an such law or ordinance of 
the corporation, to impose such fine or imprisonment as shall line and im- 
be pointed out in such law or ordinance; Provided such fine prisonment. 
shall not exceed ten dollars, and imprisonment not to exceed 
twenty- four hours: And provided^ further^ That appeals and 
writs of certiorari shall be granted from judgments rendered 
under this act as are now or shall be provided by law for ap- 
peals from judgments of justices of the peace; and all fines 
imposed for breaches of the peace, or violation of the corpor- 
ation ordinances, shaU be paid into the treasury of said cor- 
poi'ation. 

Sec. 10. The officers of said town, in addition to the trus- Officers 
tees, shall consist of one clerk, one street commissioner, one 
treasurer, one assessor, and one collector of taxes, one mea- 
surer and weigher of wood, coal, or any other article, and such 
other officers as the said trustees may deem necessary for the 
good of said town. 

Sec. 11. Upon the application of the owners oftwothirds Special tax. 
of the real estate on any street or parts of a street, it shall be 
lawful for the board of trustees to levy and collect a special 
tax on the owners of the lots on the said street or parts of a 
street, according to their respective fronts, for the purpose of 
grading and paving the side-walks on said street. 

Sec. 12. When any real estate in said town shall have May sell land 
been sold by the authority of the corporation thereof for the for taxes, 
non-payment of any tax that may have been levied upon the 
same, the same shall be subject to redemption, by the owner Redeemable. 
or owners thereof, his, her, or their agent or agents, within 
two years after the same shall have been sold, on payhig to 
the treasurer of the board of trustees' of said town double the Redemption, 
amount of the taxes for which the same was sold, together with 
costs for selling the same; but should the said lots or parts of 
lots so sold for taxes as aforesaid not be redeemed within the Not redeemed 
time specified, then, and in that case, it shall be the duty of 
the president of the board of trustees ©f said town to execute 
a deed of special warranty, signed by the president of the 
board, and countersigned by the clerk thereof. 

Sec. 13. The board of trustees may adopt such modes and 
means for the assessment and collection of taxes as they may 
from time time fix upon and determine; and to prescribe the 
manner of selling property when the tax levied upon it shall 
not be paid : Provided^ No sale of any town lots or other real Proviso, 
estate shall be made until pubUc notice of the time and place 
of sale shall be given by advertisement in the newspapers, or 
at four of the most public places in said toWn, at least fifteen 
days previous thereto. 

Sec. 14. The said trustees shall have the exclusive power Licenses. 
of granting or withholding tavern or grocery licenses within 
the limits of the said corporation, any law to the contrary not- 
witstanding: Provided^ however, That if hcense shall be granted Proviso. 



200 



INCORPOKATION LAWS OF ILLINOIS. 



Fees of offi- 
cers. 



Ordinances, 
how published 



Called meet 
ing. 



Special elec- 
tion. 



Vacancies, 
how filled. 



by the said trustees to any tavern or grocery within the 
said corporation, the tax charged for such hcense shall be paid 
into the county treasury, or otherwise, as may be provided by 
law. 

Sec. 15. That justices of the peace and constables who 
render services under this act shall be entitled to the same 
fees, and collect them in the same manner, as now is or here- 
after may be provided by law. 

Sec. 16. That all ordinances of said trustees shall be fair- 
ly written out, signed by the clerk, and published in a news- 
paper printed in the town, or posted up at three of the most 
public places in said town: and no ordinance shall be in force 
until published as aforesaid. 

Sec it. That the president or any two of the trustees 
shall have power to call a meeting of the board, by giving one 
day's notice thereof; and, in the event that the notice of an 
election shall not be given as required by this act, or, from any 
other cause, that an annual election shall not be holden at the 
proper time, it shall be lawful for the late clerk of the board, 
or any two qualified voters in said town, at any time thereaf- 
ter, to give notice of the time and place of holding a special 
election ; and the trustees elected at such special election shall 
have all the powers conferred by this act. 

Sec. 18. The trustees shall have power to fill all vacan- 
cies which may happen in their board in such manner as shall 
be prescribed by the by-laws : Provided^ always, That this cor- 
poration may be dissolved at any annual election, two-thirds 
of the qualified voters of said town or corporation voting there- 
for. 

Sec. 19. This act shall take effect from and after its pas- 
sage. 

ArpRovED, March 2, 1839. 



in force, Mar. 
1839. 





-1 



AN ACT to incorporsfre the Fulton Turnpike Road Company. 



Body corp 
ate. 
Term. 
Name (<;; style 

Powers. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That John Lacy, Lewis 
W. Ross, S. H. Pitkin, W. H. Van Eps. A. Freeman, Caleb 
or- Dillworth, E. S. Pekin, and their associates, successors, and 
assigns, be, and they are hereby, created a body corporate and 
politic, for the term of thirty years, under the name of "The 
Fulton Turnpike Road Company," and, by that name, shall 
be and arc hereby made capable, in law, to sue and be sued 
to final judgment and execution, plead and be impleaded, de- 
fend and be defended, in any court of record, or in any other 
place whatsoever; to make, have, and use a common seal, and 
the same to alter and renew at pleasure; and shall be and are 
hereby vested with all the privileges, powers, and immunities, 






INCORPORATION LAWS OF ILLINOIS. 201 

which are or may be necessary to carry the purpose and ob- 
jects of this act into effect; and are made capable of purchas- 
ing, holding, and conveying, real and personal estate; ofcon- 
tracling and being contracted with, as hereafter set forth. And 
the said corporation are hereby authorized and empowered to 
locate, construct, and finally complete, a turnpike road com- 
mencing at or near the junction of Spoon river with Illinois 
river; from thence to the bluffs of the Illinois and Spoon river, 
in such a manner and form as they shall deem to be most ex- 
pedient; and for this purpose said company are hereby au- 
thorized to lay out their road not exceeding eight rods wide 
through its whole length; and, for the purpose of cuttings and 
embankments, and procuring stone and gravel, may take as 
much more land as may be necessary for the proper cons^^ruc- 
tion and security of said turnpike road: Provided, however, Vtoxibo. 
That all damages that may be occasioned to any person or 
corporation by taking of such land or materials for the pur- 
pose aforesaid, shall be paid for by said company, in the man- 
ner hereinafter provided; And provided, further, That the 
real estate of said corporation shall not exceed one hundred 
and sixty acres. 

Sec. 2. The capital stock of said company shall consist Capital stock, 
of two thousand shares of fifty dollars each; and the imme- 
diate government and direction of the affairs of said company 
shall be vested in a board of not less than five directors, who Number of di- 
shall be chosen by the members of the corporation in the man- rectors. 
ner hereinafter provided, and shall hold their offices until 
others shall be duly elected and qualified to take their places 
as directors. And the said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect one Quorum. 
of their number to be president of the board, who shall also Officers, 
be president of the company, and shall have authority to choose 
a clerk, who shall be sworn to the faithful discharge of his 
duty, and a treasurer, who shall give bond to the said corpor- Treasurer to 
ation, with securities to the satisfaction of the directors, in a gi^e bond, 
sum of not less than ten thousand dollars, for the faithful dis- 
charge of his trust. 

Sec. 3. The president and directors for the time being Further pow- 
are hereby authorized and empowered, by themselves or their ®'■^• 
agents, to exercise all the powers herein granted to the com- 
pany for the purposes of locating, constructing, and complet- 
ing said road, and for the transportation of persons, goods, 
and merchandize, and other properly of all descriptions; and 
to establish, for the benefit of said company, such rates of toll Tolls, 
as they may agree upon from time to time, under such rules 
and regulations as said directors may prescribe and direct; 
and may eiect toll-houses, establish gates, and demand toll Toll-houses, 
upon the road when completed; and may have all such other 
power and authority for the mancigement of the affairs of the 
company, not heretofore granted, as may be necessary and 
proper to carry into effect the object of this act; to purchase 



202 INCORPORATION LAWS OF ILLINOIS. 

Hold lands and hold lands, materials, wagons, and othernecessary things 
for the use of the road, and to make such equal assessment 
from time to time on all shares in said company as they may 
deem expedient and necessary, and direct the same to be paid 
to the treasurer of the company. 
Bj-laws. Sec 4. The said company shall have power to make, 

ordain, and establish all such by-laws, rules, and regulations 
as they may deem expedient and necessary to accomplish the 
designs and purposes, and to carry into effect the provisions, of 
this act, and for the transfer and assignment of its stock, the 
conveyance of property, and payment of assessments, and the 
well ordering and regulating, and securing of the interest and 
Proviso. affairs of said company; Provided the same are not repugnant 

to the laws of this State or of the United States. 
To pay dama- Sec. 5. The said company shall be holden to pay all dam- 
S^' age that may arise to any person or corporation by taking 

their land for said turnpike road, when it cannot be obtained 
by voluntary agreement, to be estimated and recovered in 
the same manner provided by law for the recovery of damages 
happening by the laying out of highways. 
Lands maybe Sec C. When the same or other property or estate of any 
released. feme covert^ infant, or person non compos mentis^ shall be ne- 
cessary for the construction of the said turnpike, the husband 
of such feme covert^ and the guardian of such infant or per- 
son non compos mentis^ may release all damages for any lands 
or estate taken and appropriated as aforesaid, as they might 
do if the same were holden by them in their own right, respec- 
tively. 

Sec. 7. The said company are hereby authorized to con- 
struct the said turnpike road across any water-course, road, 
or public highway, subjecting themselves to any damage that 
may be incurred in so doing. 
Penalty for Sec. 8. If any person or persons shall wilfully do, or cause 

road^*^°°^'° to be done, any injury to said turnpike road, or carriage, ma- 
chine, toll-houses, or other building, or any structure whatever 
belonging to said corporation, the person so offending shall 
forfeit and pay the said corporation doub'e the amount of 
damages sustained by means of such offence or injury, with 
all the costs of action, before any court of record in this 
State. 
Annual meet- Sec 9. The annual meeting of the members of said cor- 
*°ss- poration shall be holden on the first Monday in November in 

each year at such place as the president and directors for the 
Directors, ^^^ being may appoint; at which meeting the directors shall 
how chosen, be chosen by ballot, each proprietor being entitled to as many 
votes as he holds shares; and any two of the individuals nam- 
ed in the first section of this act are hereby authorized to call 
the first meeting of the said company, by giving notice, in 
some newspaper published in such paper [place] within the 
State as may be agreed upon by them, of the time, place, and 
purpose of such meeting, at least ten days before the time 
mentioned in such notice. 



INCORPORATION LAWS OF ILLINOIS. 903 

Sec. 10. Any person nfiay paj the amount of his subs crip- Stock, how 
tion of stock of said company in labor or materials for the con- P^^^- 
struction of said turnpike road, provided it be done at such 
time and place as the president and directors, or superintend- 
ents of said company, may direct. 

Sec. 11. It shall be lawful for the Legislature of this State may 
State, at any time during the continuance of the charter of P"'*^^^^®- 
the said turnpike road after the expiration of twenty years 
from the opening for the use of the turnpike road herein pro- 
vided to be made, to purchase of the said company, by paying 
to the said company the amount expended in making said turn- 
pike road, and twelve per cent, interest upon the same from 
the time of payment by the stockholders: Provided^ AozueTer, Proviso. 
That the nett income from tolls shall not have amounted to 
twelve per cent, per annum at the time of purchase by the State. 

Sec. 12. This act shall continue in force for the term of 'T®^™ of act. 
fifty years; and upon departure from, or violation of, any 
provision of this act, the Legislature may alter, amend, or re- 
peal the same, if Ihey deem the public good shall require it; 
and shall be deemed and taken a public act from and after 
its passage. 

Approved, March 2, 1839. 



AN ACT to incorporate the Golconda Seminary. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Wm. Sim, Samuel 
W. Hodge, John P. Hodge, Elijah B. Franklin, Philip Vine- 
yard, John Raum, Samuel Roper, Newton D. Clark, and 
Jason B. Smith, and their successors, be, and they are hereby, 
created a body politic and corporate, by the name of "The Body politic, 
trustees of the Golconda Seminary," and, by that name and Name & style, 
style, to remain and have perpetual succession. The said sem- 
inary shall be and remain at or near Golconda, in the county Location, 
of Pope, and State of Illinois. The number of trustees shall 
not exceed nine, exclusive of the principal, or presiding offi- 
cer, who shall, tx officio, be a member of the board of trustees; 
but no other instructor shall be a member of said board. For Trustees, 
the present the aforesaid individuals shall constitute the board 
of trustees, who shall fill the remaining vacancies at their 
pleasure. 

Sec. 2. The primary object of the said institution shall Object, 
be the education of the youth of the country, and to fit and 
prepare them for the various duties of life. 

Sec. 3. The corporate powers hereby bestowed shall be Powers, 
the following, viz: To have perpetual succession; to make 
contracts; to sue and be sued, plead and be impleaded; and 
to grant and receive by their corporate name; to accept, ac- 
quire, purchase, or sell property, real, personal, or mixed, in 



204 



INCORPORATION LAWS OF ILLINOIS. 



Further pow- 
ers. 



Vacancies, 
how filled. 



Quorum. 



Open to all. 



Expulsion of 
students. 



Proviso. 



Com. school 
'lepartmeni 



all lawful ways ; to use, employ, manage, and dispose of all 
such property, and all money belonging to said corporation, 
in such manner as shall seem to the trustees best adapted to 
promote the object above mentioned; to have a common seal, 
and alter and change the same at pleasure; to make such by- 
laws for the regulation of said institution as are not inconsis- 
tent with the constitution and laws of this State. 

Sec. 4. The trustees of said corporation shall have au- 
thority, from time to time, to prescribe and regulate the kind 
and course of studies to be pursued in said seminary; to fix 
the rate of tuition, and other academical expenses; to appoint 
instructors and such other officers and agents as may be ne- 
cessary in managing the concerns of the institution; to define 
their duties, to fix their compensation, and to displace or re- 
move them; to erect necessary buildings; to purchase books, 
chemical and philosophical apparatus, and other suitable 
means of instruction; to make rules for the general manage- 
ment of the affairs of the institution, and for the regulation of 
the conduct of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to fill any vacancy 
which may occur in the board from death or removal out of 
the State, resignation, or other cause. A majority of the trus- 
tees for the time being shall be a quorum to do business. 

Sec. 6. The trustees of said institution shall appoint a 
treasurer, who shall give bond, with such security, in such 
penalty, and with such conditions, as the board may pre- 
scribe. 

Sec. 7. The said institution shall be open to all denomina- 
tions of christians, and the professionof any particular religious 
faith shall not be required of those who become students; all 
persons, however, may be expelled, or suspended from said in- 
stitution, by the trustees tiiereof, whose habits are idle or 
vicious, or whose moral character is bad. 

Sec. 8. The lands, tenements, and hereditaments to be 
held in perpetuity by the said corporation shall not exceed 
six hundred and forty acres: Provided^ however^ That, if any 
donations, grants, [or] devises in lands, shall from time to time be 
made to said corporation, over and above the six hundred and 
forty acres which may be held in perpetuity as aforesaid, the 
same may be received and held by said corporation ibr the 
period of five years from the date of any such donation, grant, 
or devise; at the end of which time, if the lands shall not 
have been sold by said corporation, then, and in that case, the 
said lands so donated, granted, or devised, shall revert to the 
donor, grantor, or the heirs of devisors of the same. 

Sec. 9. There shall also be attached to the said ac&demy 
a department in which shall be taught branches that are usu- 
ally taught in common schools, which shall constitute the com- 
mon school of the district in which said academy may be situ- 
ated; and the trustees of said academy shall receive from the 



INCORPORATION LAWS OF ILLINOIS. 205 

school commissioner of the county the same amount of money, 
in the same proportion, and apply the same to such tuition in 
the same manner as other common schools are paid and kept: 
Provided., That the teachers or instructors of said department Proviso, 
shall be selected by the trustees, and under the control of the 
by-laws of said corporation. 
Approved, March 2, 1839. 



AN ACT to incorporate the Warren County Male ard Female Seminary. In force, Mar. 

2, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembli/j That the persons here- 
aiter elected pursuant to the provisions of this act, and their 
successors, be, and they arc hereby, created a body politic and Body politic, 
corporate, to be styled "The president and trustees of the Name & Btyle. 
Warren County Male and Female Seminary," and, by that 
name, to remain in perpetual succession, with power to sue ^°^^"- 
and be sued, plead and be impleaded ; to acquire, hold, and 
convey property, real and personal; to have and use a com- 
mon seal, and the same to break, alter, and renew at pleasure; 
to make and alter, from time to time, such by-laws as they may 
deem necessary for the government and regulation of said in- 
stitution, its officers, servants, and property: Provided such by- 
laws are not inconsistent with the constitution and laws of this 
State or of the United States. 

Sfic. 2. The trustees of said institution shall consist of not No. of direct- 
less than three nor more than seven persons, who, together °'^- 
with the president, shall be elected by the stockholders annu- 
ally, on the first Monday of April in each year, and shall hold 
their offices until their successors are duly elected and quali- 
fied. The first election for president and trustees shall be 
held in the town of Moi^mouth, and forever thereafter at such 
place as the president and trustees may direct. Ali elections 
shall be by ballot, and may be made personally or by proxy, 
and conducted in such manner as may be directed by the by- 
laws of said institution. 

Sec. 3. The directors of said institution shall have power Vacancies, 
to fill all vacancies which may occur from time to lime in their how filled, 
body by death, resignation, or otherwise. 

Sec. 4. The said president and trustees shall hold the Peculiar doc- 
property of said institution solely for the purposes and advan- ^""®^ exclud- 
tage of said institution, and of education, and the promotion 
ol literature and science in the said seminary ; and no particu- 
lar religious faith shall ever be required of those who may be- 
come president and trustees, students, pupils, teachers, officers, 
or servants of sa'd institution. 

Sec 5. Said institution shall be permanently located Location, 
within the township, in the county of Warren, in which the 
town of Monmouth is situated, in this State; and the said 



206 



INCORPORATION LAWS OF ILLINOIS. 



Proviso. 



Annual elec 
tion. 



presidentandtrasteesshallbecompttent,inlaw, to make [take] 
to themselves and successors in office, in their said corporate 
name and capacity, any estate, real, personal, and mixed, by 
the gilt, grant, bargain, and sale, conveyance, will, devise, or 
bequest, of any person or persons, body corporate and politic 
whatsoever; and the same estate, real or personal, to grant, 
bargain, and sell, convey, devise, let, place out on interest, or 
otherwise dispose of, for the sole and separate use and benefit 
of said institution, in such manner cis seems to them most bene- 
ficial for the interest ol the said institution. The said presi- 
dent and trustees shall faithfully apply all funds by them re- 
ceived, or that have already been received, according to the 
best of their judgment, in erecting and completing a suitable 
building or buildings, supporting the necessary officers, in- 
structors, or servants, and in procuring books, maps, charts, 
globes, philosophical and other apparatus necessary to the 
success of said seminary: Provided^ nevertheless, That in case 
any donation, devise, bequest, or otherwise, shall be made to 
the said institution, for a particular purpose or purposes not in- 
compatible with the design of said institution, and the cor- 
poration shall accept the same, every such donation, devise, 
or bequest, shall be applied in conformity with the express 
conditions prescribed by the donor or devisor. ' 

Sec. 6. The trustees shall annually, and as soon as con- 
venient after their election, elect a treasurer and secretary of 
the board of president and trustees of said incorporation, who 
shall each be stockholders therein, and who, when elected and 
qualified, shall continue in office till their successors are duly 
Process, how elected and qualified. All process against said corporation 
shall be by summons, and the service of the same shall be by 
leaving an attested copy thereof with the president, or at his 
usual place of residence, at least twenty days before the return 
thereof. The president and trustees, as well as the treasurer, 
shall, before entering upon thp duties of their office, take 
an oath or affirmation to fulfil the duties of their ofticcs, re- 
spectively. 

8ec. 7. The said president and trustees shall have power 
to employ and appoint a principal of said institution, and all 
such instructors and instructresses, and all such servants as 
may be necessary ; and shall have power to displace aipy or 
either of them, as they may deem the interest of said in- 
stitution and the cause of education thereinto require; and 
to fill vacancies that may happen, by death or otherwise, 
among said officers or servants. The lands withm the juiis- 
diction of this State, held in perpetuity by ihe said corpora- 
tion, shall not exceed three thousand acres at any one time; 
and if donations in lands be received at any time by said cor- 
poration, the same may be held in trust by the said president 
and trustees, and shall be sold, within five years from the date 
of such donation, for the benefit of said institution; and, in 
failure thereof, the lands so given shall revert to the donor or 
grantor of the same, or their heirs. 



Oath. 

Further pow 
ers. 



INCORPORATION LAWS OF ILLINOIS. 



207 



Sec. 8. The president and trustees shall meet semi-an- Semi-annual 
nuallj, or oftener if thej shall deem proper, at the seminary, meetings, 
after the same shall be accepted; and it shall be the duty of 
the secretary to attend all meetings of the board, and keep 
and preserve a fair and correct record of their proceedings. 
A majority of the board shall constitute a quorum for the trans- 
action of all business relative to said institution. 

Sec. 9. That, on the payment of twenty dollars to the What consti- 
treusurer of said institution, every such person shall be con- f"'^^ ^ stock- 
sidered and is hereby declared to be a stockholder, and shall 
be entitled to one vote for every share of said corporation in 
all elections; and it shall be lawful for each and every stock- 
holder for the time being of the said institution, his or her ex- 
ecutors, and administrators or assigns, to give, sell, devise, and 
dispose of their respective shares in the said seminary; and 
their respective assignees shall be stockholders of said institu- 
tion, and shall be entitled to all the rights and privileges in said 
institution as the original stockholders arc entitled to by this 
act. 

Sec. 10. That Francis Smith, Theodore Coburn, James Com'rs to m- 
McCallon, Daniel McNicl, jr., Benjamin C. Herd, Jacob ceiye sub- 
Rust, Alexander Turnbull, James P. Hogue, and Gilbert Turn- ^'^"P'^o"^- 
bull, of the county of Warren, be, and they arc hereby, ap- 
pointed commissioners to solicit and receive subscriptions of 
stock to siiid institution, and give receipts for the first instal- 
ment to be paid on subscriptions of stock to said scminc.ry, 
and give receipt for the same to be paid on subscription; and 
when the sum of live hundred dollar^- shall be subscribed for. 

the said commissioners, or any three of them, circ hereby au- Notice of 
.1.1, • II- ,1 ,• i- • r election. 

thorized to give pubhc notice, by posting up notice in lour 

pubhc places in the coualy, for the time and place of holding an 
election for president and trustees of an [said] institution, and 
that said election be held in the town ol Monmouth, at such 
place as the commissioners may direct; and that said ^^'^"^^^" judges of first 
sioners, or any three of them, arc hereby appointed judges of gje^tion. 
the iirst election, and arc hereby authorized and empowered 
to hold the same; the first eloccion to be held on such day as 
the said commissioners may direct; but afterwards, the annual Annual elec- 
elcctions shall be held on the first Monday in April annually, ^'°°- 
as directed in the second section of this act, at the seminary 
as soon as erected. That each stockholder shall be required 
to pay to the commissioners five dollars on each share by him 
subscribed, at the time of subscribing, and the residue at such 
time or times as the president end trustees shall direct: Pro- 
vided, That any stockholder, neglecting or refusing to pay 
the balance due on any share or shares, shall forfeit to said in- 
stitution all money previously paid on such share or shares so 
neglected. 

Sec. 1 1. All sales of real or personal property, or evidence Sales of pro- 
of indebtedness by raid corporation, must be signed by theperty. 



308 



INCORPORATION LAWS OF ILLINOIS. 



Judges of 
election. 



Proviso. 



When elec- 
tion is not 
held. 



Dividends. 



president and attested by the secretary; and, when thus sign- 
ed and attested, they shall be binding on said incorporation, 
according to the true intent and meaning of the same, and not 
before. 

Sec. 12. That, after the first election for president and 
trustees, the president and trustees shall act as judges of elec- 
tion; or any three of them shall and may act as the board of 
election. 

Sec. 13. That the seminary erected and in operation, 
shall at all times be open for the use and privilege of any free 
white person within the United States who may wish to be 
instructed in said seminary: Provided said free white per- 
son will comply with the laws oi said institution, and pay the 
sums fixed by the president and trustees for the instruction of 
the students or pupils attending at the same. 

Sec. 14. That in case it should so happen that an elec- 
tion for president and trustees should not take place on the 
day on which it should take place according to law, the said 
corporation shall not for that cause be deemed dissolved, but 
that it shall be lawful, on any other day, to hold an election 
in the place of the one omitted, to be held in such manner as 
may be prescribed by the by-laws of said incorporation. 

Sec. 15. The president and trustees shall make an annu- 
al dividend of all profits which may arise by said incorpora- 
tion; but all profits and dividends declared, or arising from 
said incorporation in any manner whatever, shall be applied 
to the purchase of books, or improving and repairing the 
buildings of said institution, or whatsoever else for the bene- 
fit or interest of said corporation. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to amend "An act to incorporate the Wabash and Indiana 
'-■> ^^•^^- Railroad Company." 



Where lands 
offeme covert, 
or others, are 
taken, hus- 
band or gu^ r 
diau may be 
served with 
notice. 



Appraisers to 
make report. 



Company. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That when lands of any 
feme covert, infant, or insane person, shall be taken for the use 
of the road authorized to be constructed by said act, the hus- 
band of such feme covert, and the guardian of such infant or 
insane person, may be served with notice to appear before 
the commissioner to be appointed by the circuit court to ap- 
praise the damage which may be sustained by the appropria- 
tion oi" the lands to the use of the road aforesaid. 

Sec 2. The appraisers appointed under \he seventh sec- 
tion of the act to which this is an amendmend shall make a 
report to the judge of the circuit court by whom they have 
been appointed, reciting the order of their appointment, and 
specifying the several parcels of land, with all proper cer- 
tainty, which they have valued, the names of the owners of 



INCORPORATION jLAWS OF ILLINOIS. 2()9 

respective parcels, if known, and, if not known, stating that 
fact; and specifying also the damage which the owners there- Dam-sge. 
of will sustain by reason of the appropriation of the same for 
the purpose aforesaid; and in case the owners are unknown, 1*^ o^^n^rs are 
on depositing the amount of the assessed value or damage mount of Jam- 
sustained by such unknown owner in such bank as the said age to be de- 
judge ma}/ direct, the said corporation shall immediately be- ^^^^^'^ ^° 
come entitled to the said land: and the report of the said 
, appraisers shall be recorded in the office of the recorder of Report recor- 
the county in which such lands may be, in the same manner 
and with the like effect as deeds are recorded, without any 
other proof that the report is genuine than the certificate of 
such judge; and when the said report shall have been so re- 
corded, the said corporation shall be seized and possessed of 
such lands, and may enter thereon and use the same for the 
purposes before recited. 

Sec. 3. The said corporation may, if they should deem it Railroad may 
practicable, extend the said railroad towards and to Fox river, ^^ extended, 
under the same terms, conditions, privilege?, and advantages, 
as are given and recited in the original act of incorporation : 
Provided it shall not interfere with any of the railroads or proviso, 
canals directed to be constructed by and on the part of the 
State. 

Approved, March 2, 1839. 



AN ACT to incorporate the Quincy House Company. ^° forcejMar. 

^ '1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly,, That John Tillson, jr., Lu- 
cius Kingman, Robert Tillson, Charles Rowland, William Mun- 
roe, and C. F. Chamberlain, and their associates and successors, 
be, and are hereby, constituted a body politic and corporate, ^°^y P°""^- 
by the name, style, and description of "The Quincy House ^^"^^ ^*y'^' 
Company," to be located in the town of Quincy, county of 
Adams, and, by that name, shall have power to contract and ^oyfeTB. 
be contracted with, and may sue and be sued, plead and be 
impleaded, answer and be answered unto, in all courts and 
places where justice is judicially administered; and continue 
for twenty-five years; to have a common seal, which they 
may alter and renew at pleasure; and exercise all other inci- 
dental powers of a corporate body. 

Sec 2. The said company shall have power and be capa- 
ble of holding, possessing, purchasing, improving, selling, and °^®"- 
conveying any estate, real or personal, for the use ot said 
corporation; second, to improve or erect such buildings as the 
said companv may think proper; third, to convert the Quincy 
house already erected in the town of Quincy aforesaid, the 
town lots on which the same is erected, the out-houses and 



210 



INCORPORATION LAWS OF ILLINOIS. 



Powers. 



appurtenances thereunto belonging, into the stock, of said 
company at cost; fourth, to rent, lease, or occupy any or all 
such lands belonging to said company for such a term of 
years, at anyone time, as may be agreed upon. 
Capital stock, 3^0. 3. The capital stock of said company shall be one 
hundred thousand dollars, and shall be made up by adding to 
the north of the Quincy house aforesaid the town lots on 
which stand the out-houses and appurtenances, at cost, so as 
to make that amount; and whiah shall constitute the capital 
stock of said company, including also the furniture and imple- 
ments of every kind and description already purchased, or to 
be hereafter purchased, for the use and accommodation of 
said Quincy house aforesaid, and the useful and profitable occu- 
pancy thereof. Said stock of one hundred thousand dollars is 
to be divided into shares of one hundred dollars, each share 
to be paid in llie said Quincy house, lots, out-houses, appur- 
tenances, implements, and furniture, to the amount thereof; 
and the residue of the shares in cash, one-lialf at the time of 
subscribing, and the other half in three months thereafter. 

Sec. 4. The said corporation shall have the power of con- 
tracting and being contracted with, in all respects, as fully as 
a natural person, and to provide by its by-laws for the making 
and executing all such contracts; but deeds of conveyance or 
other instruments in writing, touching or concerning real 
estate, shall be signed by the president, countersigned by the 
secretary, and the corporate seal shall be thereto affixed. 

Sec. 5. The concerns of said corporation shall be manag- 
ed by nine directors, at least five of whom shall be citizens of 
the State of Illinois, and who shall be elected annually by the 
stockholders or their proxies ; which election shall be by bal- 
lot; and each share-holder, or his proxy, shall be entitled to 
give as many votes as he has shares in the stock of said com- 
pany; and the directors receiving the greatest number of votes 
shall receive the certificates of the inspectors declaring them 
duly elected. The directors so chosen, or a majority thereof, 
shall constitute a board, and be competent for the transaction 
of all business; and shall and may from time to time make 
and prescribe such by-laws, rules, and regulations rel?.tive to 
the concerns of said corporation as to them may seem expe- 
dient; regulate the duties of the president and secretary, 
each of whom shall be chosen by a majority of the directors 
so chosen ; and shall also regulate the duties of three inspec- 
tors of election to be appointed by said directors; and also 
the duties of their agents, clerks, and all others by them em- 
ployed ; and the said directors, or a majority of them, shall 
annually elect a secretary and treasurer to said board, and 
appoint such other officers, clerks, and agents as they may 
deem necessary for the carrying on the business of said cor- 
poration, with such salaries and allowances as to the said 
directors shall seem proper: Provided, That such by-laws and 



Nine direc- 
tors to man- 
age concern. 
Annual elec 
tions. 



Bj-laws. 



Secretary and 
treasurer. 



Proviso. 



INCORPORATION LAWS OF ILLINOIS. 



211 



regulations shall not be repugnant to the constitution of the 
United States or of this State. 

Sec. 6. The said board of directors, as aforesaid, shall have 
power, if they should deem it necessary, to require the treas- powers 
urer to the board to enter into bond, with securities for the 
due and faithful performance of the duties of his office as re- 
quired by law, and agreeably to the by-laws, rules, and regula- 
tions of such board. 

Sec. 7. John Wood, Charles Morton, and Seth C. Sher- Inspectors oi 
man shall be commissioners and inspectors of the first elec- '^"^ election 
tion to be held under this act; the duties of whom, or a ma- 
jority of them, shall be to open books of subscription to the Subscription 
capital stock of said corporation, at any time after the passage "^°'^^- 
of this act, at the "Quincy house" in Quincy, giving, howev- 
er, ten days' public notice, in the public papers printed in the 
town of Quhicy, of the day and hour such books will be open 
for subscription; which said books may be kept open from day 
to day, and until the time that such stock shall be subscribed 
and takdn : Provided, That if such stock should not all be 
taken within a reasonable time,' but an amount equal to two- 
thirds thereof, the said company may in that case proceed to 
the election of directors, and may organize the same in 
all respects as if the said ^\js)ck had all been taken; and may, 
at any subsequent period, receive subscription to the stock 
until the same is all taken. 

Sec. 8. The stock of the said corporation shall be assign- Stock trans- 
able and transferable according to such rules as shall be ferable, 
adopted in that behalf by the by-laws and ordinances thereof; 
and shall be deemed personal property; but no stockholder, in- 
debted to the corporation, shall be permitted to make a trans- 
fer until such debt be paid or secured to the satisfaction of the 
directors. 

Sec. 9. The company shall at all times keep proper books Books of ac- 
of accounts, in which shall be registered all the transactions count, 
of the corporation, and the same shall at all times be subject 
to the investigation of the stockholders; and it shall be the 
duty of the directors to make annual dividends, or at such 
other times as a majority of the directors may direct, of so 
much of the profits of said company as to them, or a majori- 
ty of them, may seem advisable. 

Sec. 10. For the present the persons named in the first presem trus- 
section of this act shall be the trustees of said incorporation, tees, 
and they and their successors in office shall have power to 
fill all vacancies which may occur in their own body, or any 
of the offices of said corporation, by death, resignation, or 
otherwise; and persons appointed to fill any of said vacancies 
shall hold their otfice until their successors are duly elected 
and ^qualified. 

Sec. 11. The ,board of directors shall be elected annually, Election o» 
at such time and under such rules and regulations as shall be director?, 
prescribed by the by-laws and ordinances of said corporation. 



212 



INCORPORATION LAWS OF ILLINOIS. 



Capital stock 
may be 

creased. 



m- 



Lands to 
sold. 



be 



Day of sale. 



Lands forfeit- 
ed to State. 



If lands 
unsold. 



are 



Sec. 12. The said corporation are hereby authorized and 
empowered to add to the capital stock of said Quincy House 
Company, at any time before the first day of January, in the 
year of our Lord one thousand eight hundred and forty, all 
the lands which have heretofore been conveyed to Charles F. 
Moulton, Daniel Low, David H. Nevins, John N. Gossler, 
John W. Leavitt, Joseph L. Joseph, Samuel S. Lewis, Amos 
Binney, James C. Dunn, Jjcmuel Lamb, Joseph Swift, Charles 
Atwaler, and James B. Danforth, and also to Lemuel Lamb 
and Thomas Dunlap, purchased of sundry individuals; all 
which lands are situate in the State of Illinois, and constitute 
the joint interest of the Illinois Land Company, of which compa- 
ny John Tillson, jr., is the general agent; by issuing additional 
stock therefor to the number of fifteen thousand shares, 
of one hundred dollars each share : Provided, That 
all the lands conveyed to said individuals as aforesaid 
shall be disposed of at public sale by the company, in the 
town of Quincy, Adams county, and State of Illinois afore- 
said, on or before the first day of October, one thousand eight 
hundred and forty-six; and that there shall be a public sale of 
not less than one-seventh of said lands, in each and every 
year after the present year, at said town of Quincy aforesaid ; 
of which sale in each year sixty days' public and previous no- 
tice shall be given, containing a list of the particular tracts of 
lands to be sold, the kind oftitle, and the name ornamesof such 
individual orindividuals through whom the title has passed until 
the same became the property of said company, as shall appear 
by the papers at their office in the town of Quincy; not less 
than five copies of which shall be deposited with the clerk of 
the county commissioners' court of each county, or such coun- 
ty wherein the lands are situated, fifty days previous to the 
day of sale, describing each tract of land so to be offered for 
sale lying in each county; and in case of default on the part 
of said corporation to dispose of all the lands, now belonging 
to said land company, at their office in the town of Quincy, 
and State aforesaid, conveyed to the aforesaid persons, and 
for which the number of fifteen thousand shares of stock, at 
one hundred dollars each, shall have been issued on or before 
the first day of October, one thousand eight hundred and 
forty-six, all of said lands remaining unsold at the time shall 
become forfeited in the hands of the shareholders, and shall 
become the property of the State of Illinois, and shall be 
divided among the several counties thereof according to the 
population of each county, and be under the control of the coun- 
ty commissioners' courts of said counties, and appropriated and 
applied exclusively to the purpose of education in such counties. 

Sec. 13. If the lands aforesaid, or any part thereof, shall 
remain unsold, after having been offered at public sale con- 
formable to the provisions of this act, it shall be lawful for said 
corporation to sell and dispose of such remaining land, or any 



INCORPORATION LAWS OF ILLINOIS. 213 

part thereof, by private sale at their office in Quincy: ProL Proviso. 
vided. That said company shall not be compelled to sell any 
land during the seven years aforesaid at a less price than one 
dollar and twenty-five cents per acre. 

Sec. 14. If the said Illinois Land Company shall accept J^ Illinois 
the provisions of this charter, and consent to add their lands ny°accem^^' 
to the stock of the "Quincy House Company," they shall sig- provisions of 
nify their acceptance by an instrument of writing, under the ^^^^ charter, 
hand and seal of John Tillson, jr., the general agent; which 
said acceptance shall be filed with the secretary of the board ^obefiled^ith 
of directors of the Quincy House Company, and by him en- Auditor, 
tered upon the records of said company. Said secretary shall 
make out and certify a copy of said acceptance, and trans- 
mit the same to the Auditor of Public Accounts, to be by him 
filed and preserved in his office. 

Sec. 15. So soon as the said Illinois Land Company 
shall have signified their acceptance of this charter as pro- 
vided for in the 14th section of this act, they shall make, exe- 
cute, and deliver to the Quincy House Company, a deed con- 
veying to said Quincy House Company all lands which said 
Illinois Land Company shall, at the date of such deed, own in 
the State of Illinois ; which said deed, when duly authentica- 
ted, shall be recorded in the recorder's office of the county of 
Adams, and it shall not be necessary to record said deed in 
each one of the counties where any part of said land may 
lie, nor in any other county than in the aforesaid county of 
Adams. A list of all the lands contained in said deed of convey- 
ance shall be made out and certified by the recorder of the 
county of Adams aforesaid, and transmitted to the Auditor of 
PubUc Accounts, and by him filed and pjeserved in his office ; 
after which the said corporation may issue the fifteen thou- 
sand shares of additional stock named in the twelfth section 
of this act to the persons entitled to the same. 

Sec. 16. After the first day of October, one thousand When charter 
eight hundred and forty-six, the said corporation shall cease to*>e void, 
to exist so far as relates to fifteen-sixteenths of its capital 
stock; and the said corporation are hereby authorized to 
make their capital only one hundred thousand dollars, it being 
the original capital of the Quincy House Company, and to 
issue stock accordingly to the owners thereof; and after the 
said first day of October, one thousand eight hundred and 
forty-six, the real estate to be held in fee simple by said Quin- 
cy House company shall not exceed one hundred and sixty 
acres of land in quantity; and said company shall after that 
time confine its operations exclusively to the management of 
the said Quincy house, and the business necessarily connected 
therewith. 

Sec. 17. This act is hereby declared a public act, and shall YnhMo act. 
be favorably and benignly construed in all courts and places 



214 



INCORPORATION LAWS OF II-LINOIS. 



where justice is administered, for every beneficial purpose 
mentioned therein, and shall take effect and be in force from 
and alter its passage. 
Approved, March 



1, 1839. 



Location. 



Powers. 



In force, Mar. AN ACT to establish the Marshall Female Seminary. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That James McCabe, 
Isaac Hill, Thomas Henderson, Thomas Carey, Justin Harlan, 
John Barllett, Stephen Archer, Woodford Dulaney, and Wil- 
Uam B. Archer, and their successors, be, and they are hereby, 
Body politic, created a body poUtic and corporate, to be styled and known 
Name & style, by the name of "The trustees of the Marshall Female Semi- 
nary," and, by that style and name, to have perpetual suc- 
cession. The said seminary shall be and remain at or near 
Marshall, in the count)' of Clark, and State of Illinois. 

Sec. 2. The corporate powers hereby granted shall be 
such as are usually considered requisite and useful in promo- 
ting the general interest of education, to wit: To have perpe- 
tual succession ; to make contracts ; to sue and be sued, plead 
and be impleaded; *to accept, acquire, purchase, or sell 
property, real, personal, or mixed, in all lawful ways; to use, 
employ, manage, and dispose of all such property, and all 
money belonging to said corporation, in such manner as may 
be directed by the trustees; to have and use a common seal, 
and to alter the same at pleasure ; to make, alter, and amend 
such by-laws for the government and regulation of said cor- 
poration as are not inconsistent with the constitution and 
laws of this State, and with a view to promote education and 
refinement. The powers of said trustees shall at all times be 
ample, full, and extensive, to carry those objects into effect. 

Sec. 3. The trustees of said corporation shall .choose from 
among themselves, by ballot, or otherwise, a president and 
treasurer ; and said treasurer shall also be, ex officio, secretary 
of said corporation, and may be required to give bond, in 
such penalty and upon such conditions as said trustees may 
direct. Said trustees shall fill any vacancy that may occur 
in the board by reason of death, removal, resignation, or 
otherwise; and a majority of said trustees for the time being 
shall constitute a quorum for the transaction of business; but 
the number of trustees shall not be increased over the num- 
ber herein provided. 

Sec. 4. The trustees of said corporation shall have autho- 
rity to prescribe and regulate the studies to be pursued in said 
seminary ; to determine the rate of tuition and all other ex- 
penses; to appoint instructors and instructresses, and also 
such agents and assistants as may be net^essary, and shall have 



Officers. 



Rate of tui 
tion. 



INCORPORATION LAWS OF ILLINOIS. 215 

power to displace and remove any or either of them, as they 
may deem the interest of the institution may require ; to fill 
such vacancies which may happen by death or otherwise 
among said officers, agents, and assistants; to erect suitable 
buildings; to purchase books, globes, and all apparatus neces- 
sary; to make rules for the general management of the affairs 
of the institution. 

Sbc. 5. The capital stock of said corporation shall be Capi'a' stock, 
deemed personal property, and shall be assignable and trans- 
ferable in the manner prescribed by the trustees, but shall be 
held in perpetuity for the purpose of a female seminary of 
learning and refinement, and for no other purpose whatever: 
Provided, however, That said trustees shall in no instance Proviso, 
hold, in trust as albresaid, a quantity of land exceeding ten 
acres, except the same be acquired by bequest or donation to 
said corporation ; in which case the trustees shall make sale 
thereof within the term of seven years, and apply the proceeds 
to the object contemplated by the donor or testator; nor shall 
the capital stock of said corporation ever exceed the sum of 
thirty thousand dollars. 

Sec. 6. The quantity of land (ten acres) with all the ^^^f^l^^"^^' 
buildings, improvements, and appurtenances on the same, 
shall be, so long as the same is used and occupied for the true 
objects contemplated in this act — education and refinement — 
wholly exempt from taxes for State or county purposes, or 
taxes or requisitions for anv purpose whatever. 

Approved, March 2, 1839. 



AN ACT to incorporate the Mount Carmel Manufacturing Company. In force, Mar. 

Whereas the improvement of the navigation of the Great 

Wabash river, at the Grand rai)ids, now in progress by Preamble, 
the States of Indiana and Illinois, will create a large amount 
of water-power and hydraulic privileges, to be leased out 
by and for the benefit of the said States ; and whereas it is 
important to the financial interests of the said States, as 
well as to the interest and accommodation of their citizens, 
that this water-power should be brought into early use and 
requisition; and whereas, to secure these benefits, it is 
requisite that a larger amount of capital should be concen- 
trated than can at present be commanded by individuals in 
the country: Therefore, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Joshua Beall, Doct. 
Ezra Baker, jr., Thomas S. Hinde, Moses Bedell, William 
Wilson, William F. Thornton, Hiram Bell, Henry I. Mdls, 
William Wood, Lyman J. Smith, Doct. Mahon, Scoby 
Stewart, x\bner Armstrong, Joseph L. Wilson, James B. 



216 INCORPORATION LAWS OF ILLINOIS. 

Hinde, Orlando B. Flcklin, and Edward Smith, and their 
Body politic, associates and successors, be, and they are hereby, constituted 
and declared to be a body politic and corporate, in law and 
Naine&etyle. in fact, by the name and style of "The Mount Carmel Manu- 
facturing Company ;" and all such persons and their assigns 
as shall hereafter become stockholders in the capital stock of 
the said company, by original subscription or transfer, so long 
as they remain such stockholders, shall be deemed to be the 
associates and successors of the said corporators within the 
meaning of this act. 

Sec, 2. The said company shall be competent to contract 
Powers. and be contracted with; and be capable, in law and equity, to 

sue and be sued, to plead and be impleaded, to answer and be 
answered unto, to defend and be defended, in all courts and 
places, and in all matters whatsoever; and may have and use 
a common seal, which they may alter and change at pleasure,^ 
and may make, establish, amend, and enforce such by-laws» 
ordinances, and regulations, not inconsistent with the consti- 
tution and laws of this State, as they may deem expedient 
for the prudent and efficient management, and the safety of 
their property and affairs. 
Capital stock. Sec. 3. The capital stock of the said company shall be 
five hundred thousand dollars, to be divided into shares of one 
hundred dollars each; which shall be deemed personal proper- 
ty, and shall be transferable on the transfer books of the said 
company, in such manner and under such regulations and 
restrictions as shall be prescribed from time to time by the 
by-laws of the said company. 
Meeting of ^Ec. 4. The Corporators named in the first section of this 

corporators, act, or any five of them, may, by giving at least ten days' 
public notice in some newspaper, published in Mount Carmel, 
of the time, place, and purpose of their meeting, proceed to 
hold a meeting of the said corporators in the court house in 
Books of sub- Mount Carmel, for the purpose of opening the books of sub- 
scription, scription for the said capital stock of the said company; and 
may, on the said day of meeting, after appointing one of their 
Chairman and number to be the chairman, and another secretary of the 
eecretary. said meeting, proceed to open the book 'or books for the sub- 
scription to the said capital stock; and, so long as there re- 
mains any shares of the said stock unsubscribed for, shall 
permit all persons then present, (including the said corpora- 
tors,) and wishing to subscribe lor the same, to do so, upon 
paying to them, at the time of such subscription being made, 
one dollar on each and every share so subscribed; which pay- 
ment shall be bona fide made, and not evaded by giving pro- 
missory notes therefor, or otherwise. 

Sec. 5. If the whole number of shares of the said capital 
stock shall not be subscribed for on the first day of opening 
the books as aforesaid, it shall and may be lawful for the said 
corporators to continue the same open, at such times, in such 
places, and by such agent or agents, as a majority of them, 



IN'CORPORATION LAWS OF ILLINOIS. 217 

at their said first meeting, or at any adjourned or subsequent 
meeting, (which they are hereby authorized to holcl,) may 
order and direct: Provided, That whenever any number of P'"°^J8o. 
the shares of the said capital stock, exceeding one thousand 
shares, shall have been subscribed for, and the first instalment 
paid thereon as prescribed in the preceding section of this act, 
it shall and may be lawful for the said corporators, or any five 
or more of them, to proceed to organize the said company, 
by the election of directory thereof, as hereinafter provided. 

Sec. 6. The stock, property, and concerns of the said com- Concerns, 
pany shall be managed and controlled by nine directors, to be how managed 
elected annually by the stockholders, to serve for one year, 
and until their successors are elected and qualified; all of whom 
shall, at the time of their election, and during their continu- 
ance in office, be stockholders in the said company; and 
any five of whom shall constitute a quorum for the transaction 
of business. 

Sec. 7. Whenever the requisite amount of the capital 
stock shall have been subscribed for, and the first instalment 
paid thereon, as provided for in the fifth section of this act, it 
shall be lawful for the said corporators, or any five or more of 
them, to give at least ten days' public notice, in some news- 
paper published in Mount Carmel, that, on a day to be men- 
tioned in the said notice, an election for nine directors of the Election fc 
said company will be holden at the court house in Mount directors. 
Carmel; and the said corporators are hereby authorized to 
hold such election at the time and place mentioned in such 
notice, any three of whom may act as judges of the said 
election. At the first and all subsequent elections for direc- 
tors every stockholder shall be entitled to one vote for each 
and every share of the capital stock he, she, or they may 
hold, and may vote either personally or by proxy; and the nine 
candidates receiving the plurality of the votes given shall be 
declared duly elected. In cases where two or more persons 
may receive an equal number of votes, and the requisite num- 
ber of directors cannot therefore be declared duly elected, 
the judges shall forthwith proceed to decide, between such 
persons so receiving an equal number of votes, by ballot. 

Sec. 8. All subsequent elections for directors shall be held Elections, 
and conducted in such manner, and at such times and places, ^J^ conduct- 
as shall be directed by the by-laws of the company ; and if it 
shall so happen that any election for directors shall be neglec- 
ted or omitted to be holden on the day the same should have 
been held, the, said corporation shall not, for that cause, be 
deemed to be dissolved, or its rights, privileges, and immuni- 
ties defeated or impaired; but it shall be lawful for the stock- 
holders to hold an election for directors, on any other day, in 
such manner as the by-laws of the company may in such cases 
provide for and direct. 



218 



INCORPORATION LAWS OF ILLINOIS. 



Term of office, 



Officers. 



Treasurer to 
2;ive bond. 



Special agent. 

Further pow- 
ers. 



May agree 
with Indiana 
& Illinois for 
water-power. 



Sec. 9. The directors of the said company, when so elected, 
shall continue in office for one year, and until their successors 
are elected and qualified, as may be prescribed by the by-laws; 
and shall, so soon as convenient after their election, organize 
their board by choosing one of their number to be president 
thereof; and shall appoint a secretary and a treasurer of the 
company, both of whom shall be stockholders therein ; and 
shall continue in office during the time the directors appoint- 
ing them are elected to serve, unless sooner removed by the 
board ; and it shall not be incompatible for a director to be 
appointed either the secretary or treasurer, or to bold both 
the office of secretary and treasurer in the same person, should 
it be deemed expedient to appoint directors to one or both of 
said offices. 

Sec. 10. The treasurer, before entering on the duties of 
his office, shall enter into bond to the said company, in such 
penal sum and with such sureties as the board shall direct, 
conditioned for the faithful performance of the duties of his 
said office; which duties shall be defined and regulated by the 
by-laws of the company. 

Sec. 11. The corporators named in the first section of this 
act shall, so soon as the board of directors are elected and or- 
ganized, pay over to the said directors all ihe moneys received 
by them from the subscribers to the said capital stock for the 
first instalment paid thereon, excepting so much as shall have 
been necessarily expended by them, for the incidental expen- 
ses incurred in obtaining such subscriptions ; but no corpora- 
tor shall be entitled to retain or receive any thing for his per- 
sonal services, unless he shall have been authorized to act as 
the special agent of the said corporators in obtaining such 
subscriptions. 

Sec. 12. The directors shall have power and authority to 
appoint or employ, from time to time, such agents, superin- 
tendents, architects, engineers, workmen, and other persons 
as shall be deemed by them to be necessary and expedient to 
carry into full effect and operation the objects and intents 
of this act of incorporation; and to prescribe the duties of all 
such persons so appointed or employed by them, and require 
such security from them for the performance of their respec- 
tive duties, and pay them such compensation for their services, 
and discontinue such service at such times as the said directors 
may deem proper, or as may be agreed on by the parties. 

Sec. 13. The said company are hereby specially autho- 
rized and empowered to contract and agree with the States 
of Indiana and Illinois, or with such authorities as the said 
States shall or may jointly or severally authorize to make such 
contracts or agreements, for the use and privilege of so much 
water-power and hydraulic privileges, created by the said 
Slates at the Grand rapids of the Great Wabash river, near 
Mount Carmel, as the said company shall or may need to 



INCORPOTflATION LAWS OF ILLINOIS. 219 

propel and operate the machinery necessary to carry on their 
manufacturing operations; and may use the said water-power 
at such site or sites, between the dam and the mouth of Great- 
house creels, in or near the town of Mount Carmel, as the 
said company may procure, and as they may deem most con- 
ducive to the interests and success of their operations ; and 
may excavate and construct such mill-races, Ibrebays, reser- 
voirs, and other devices, for the use of the said water-power, as 
may be necessary therefor: Provided, however^ That the said Proviso, 
company shall not be permitted to lease or obtain from the 
said States or authorities aforesaid a surplus of such water- 
power and hydraulic privileges, over and above what may 
probably be necessary for their bona fide and actual opera- 
tions, with a view and intention of preventing competition in 
the erection of mills, manufactures, or machinery of any de- 
scription, by other companies or individuals; nor shall this 
act be ever so construed as to grant to the said company any 
exclusive privilege to embark in or carry on any branch of 
manufactures or business whatsoever 

Sec. 14. For the purpose of securing the necessary capital 
to carry into effect the objects of this act, the said directors 
are authorized and empowered to call in any part or the whole 
of the capital stock subscribed, under such regulations and in 
such instalments as may from time to time be prescribed by 
the by-la ws of the company; and if the whole amount of the said 
capital stock shall not have been subscribed for previous to the 
first election of directors, the directors for the time being may, 
at any time thereafter, cause books of subscription to be open- 
ed, for the subscription of all or any portion of the residue of 
the said capital stock, by such agent or agents, and at such 
times and places, and to be paid for in such instalments and 
manner, as the said directors may deem expedient. 

Sec. 15. And for further securing means and capit.al to Company 
enable said company to carry into effect the objects of this may borrow 
act, the directors are authorized and empowered to borrow, ™°°^y- 
on the faith and credit of the said company, any sum or sums 
of money not exceeding in the whole the amount of their 
capital stock, and to issue bonds or transferable certificates of 
stock therefor, in the corporate name and under the seal of 
the said company ; and to take such loans on such time, and 
pay such rates of interest therefor, and make the same pay- 
able at such place or places as may be agreed on by the len- 
ders and the said company; and the said directors may ern- 
ploy such agents or agent to negotiate and effect such loans in Agents to ne- 
the United States, or elsewhere, as they may deem proper. gotiate. 

Sec. 16. The lands, tenements, and real estate which may i^^^As held, 
be leased, purchased, and held by the said company, shall be 
confined to such lands, tenements, and real estate, as shall be 
deemed by them necessary and requisite for the erection of 



220 



INCORPORATION LAWS OF ILLINOIS. 



To deal in 
grain, &c. 



Steam-en- 
gines, 



Insurance. 



Surplus capi- 
tal may be 
loaned. 



their mills, manufactories, foundries, work-shops and improve- 
ments, and dwellings and offices, for their agents and work- 
men and persons in the employ of the said company; and for 
mill-races, forebays, reservoirs, and other water- works, and for 
boat, lumber, and coal-yards and wharves ; and such coal and 
timber tracts of lands, not exceeding one thousand acres, as 
may be deemed by them necessary to insure a constant and 
uninterrupted supply of fuel and lumber for the operations of 
the said company; and such lands and real estate as the com- 
pany may become the purchaser of at sales under executions 
or decrees for debts due and owing to the said company : Pro- 
videdf That lands so purchased under executions and decrees 
shall be sold by the said company within five years there- 
after. 

Sec. 17. The said company are hereby authorized and 
empowered to purchase and deal in grain, cotton, wool, iron- 
ores, coal, lumber, and other raw material; and to erect, con- 
struct, establish, and carry on manufactories of flour, meal, 
oils, paper, cotton, woollen, flaxen and hempen fabrics; im- 
plements of agriculture; castings, rail-way and other iron ; 
steam-engines, locomotive and other railroad cars; and to 
establish and carry on boat-yards, and the construction of 
steam and other boats, and the manufacture of rail-way, build>- 
ing, and other lumber; or any or either of the said branches 
of manufactures and business ; and to sell, use, and dispose of 
such manufactured and constructed articles in such manner 
as the directors may deem most prudent and beneficial to the 
interests of the said company. 

Sec. 18. That for the purpose of facilitating the operations 
of the said company, and securing the early application of 
the said water-power whenever the dam shall have been 
completed, the said directors are authorized to purchase and 
put into operation one or more steam-engines, for the sawing 
of lumber, preparing building materials, and preparation of 
machinery, if they shall deem it expedient so to do. 

Sec. 19, The directors are authorized to insure all or any 
part of the property of the said company against losses by 
fire, marine risks, or otherwise, in all cases as natural persons 
are capable in law to do. 

Sec. 20. If it shall so happen that at any time there should 
be any surplus capital or funds of the said company on hand, 
and unemployed in their ordinary business and operations, by 
reason of the States not having the water-power ready for 
application by the time expected, or by casualties happening 
to the dam or other water-works, and thereby suspending the 
operation of the machinery of the company; or by an un- 
voidable deficiency in the supply of raw materials or opera- 
tives, or otherwise, it shall and may be lawful for the said 
directors to make temporary loans of such unemployed and 
surplus funds and capital, at not exceeding eight per cent, per 



INCORPORATION LAWS OF ILLINOIS, 221 

annum interest, until the same shall be needed in the ordinary 
manufacturing operations of the company. 

Sej. 21. Suit against the said company shall be com- Suits against 
menced by summons, and personal service of the same on the company, 
president or treasurer of the company, upon the same notice 
as in cases of suits against individuals; or by Jeaving an attest- 
ed copy of such summons, at the usual office of tne said com- 
pany, thirty days before the return day thereof 

Sec. 22. All and any person trespassing on or injuring the Personsliablc 
property of the said company shall be liable in the same man- ^^'^ inJu'T- 
ner to the said company as in like cases of trespass or injury to 
property belonging to individuals. 

Sec. 23. Nothing in this act shall be so construed as to 
invest the said company with banking privileges: Provided, ^tomwo. 
That the sale of bills or drafts, drawn or received by the said 
company for funds or proceeds of the sales of their articles oi' 
manufacture and trade in the southern or other markets, shall 
not be deemed banking privileges within the meaning of this No banking 
act; but said company may dispose of such bills and drafts in privileges, 
the same manner as individuals may do. 

Sec. 24. This act and the corporation created by it shall Term of char- 
be in force and exist for the space of thirty years, and no *®'"* 
longer. 

Sec. 25. This act shall be deemed a public act, and shall 
be received in evidence for and against the said company, in 
all courts of judicature, without the necessity of pleading the 
same. 

Approved, March 2, 1839. 



AN ACT to incorporate the Illinois Insurance Company. j^ force, A'nr. 

2, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be 
established, in the city of Chicage, an insurance company, to 
be called "The Illinois Insurance Company." Name & style 

Sec. 2. All such persons as shall hereaftei be stockholders 
of said company shall be, and they are hereby, declared to 
be a body corporate and politic, by the name and style of Body politic. 
"The Illinois Insurance Company," and to continue for thirty ^o continue 
yeans from and after the passage of this act; and, by that thirty years, 
name and style, shall be competent to contract and be con- 
tracted with; and be capable, in law and equity, to sue and 
be sued, to plead and be impleaded, answer and be answered 
unto, defend and be defended, in all courts and places, and in 
all matters whatsoever. 

Sec. 3. The said corporation may have and use a common Powers, 
seal, which they may alter, change, or break at pleasure ; and 
may also make and establish, and put in execution, such by- 
laws, ordinances, and rega'ations, as shall in their opinion be 



222 



INCORPORATION LAWS OF ILLINOIS. 



Capital stock 



Stock assign 
able. 



To make in- 
suraace. 



Policies of 
insurance. 



Company 
shall not trade 



May loan 
capital stock. 

Proviso. 



Real estate 
held. 



necessary, for the good government of said corporation, and 
the prudent and efficient management of its affairs. No 
by-laws, ordinances, and regulations of the same shall be in 
anywise contrary to the constitution and laws of this State or 
of the United States. * 

Sec. 4. The capital stock of said company shall be one 
hundred thousand dollars, to be divided into shares of five 
dollars each, to be paid in such instalments as the directors 
chosen under this act may from time to time direct, under 
such penalties as the president and directors may in their dis. 
cretion appoint and order. The stockholders may at any 
time augment the capital stock of the said company, at any 
special meeting called for that purpose, a majority of all the 
votes being given therefor, under such regulations, restrictions, 
and conditions, as the stockholders shall at such meeting judge 
proper, to any amount not exceeding five hundred thousand 
dollars. The stock of said company shall be assignable and 
transferable, according to such rules as shall be adopted in that 
behalf by the by-laws and ordinances thereof. 

Sec 5. The corporation hereby created shall have power 
and authority to make marine insurance upon vessels, goods, 
and merchandize, freight, moneys, bottomry, respondentia, 
interest, and on all marine risks, and inland navigation, and 
transportation; and against all losses, by fire, of any buildings, 
or houses, whatsoever; and vessels on the stocks. 

Sec. 6. All pohcies of insurance by them made shall be 
subscribed by the president, or, in case of his death or absence, 
by the vice president, and countersigned and sealed by the 
secretary of said company; and all losses arising under any 
policy so subscribed and sealed may be adjusted and settled 
by the president and board of directors. 

Sec. 7. The said corporation shall not take any risk, nor 
subscribe any policy by virtue of this act, until one-half of 
the capital stock thereof shall have actually been paid in. 

Sec. 8. The said company shall not, directly or indirectly, 
deal or trade in buying or selHng any goods, wares, or mer- 
chandize, whatsoever; but the president and directors may, 
at their option, vest the capital stock of said corporation in 
the capital stock of any incorporated bank, company, or pub- 
lic funds of this State. They shall have power, also, to loan 
to any individual any portion of their capital stock on bot- 
tomry, bond, mortgage of real estate, or other satisfactory 
security, at their discretion : Provided, They shall not, under 
any pretence, loan money at a greater rate of interest than is 
allowed by the laws of this State. 

Sec 9. The said corporation may only purchase and hold 
such real estate as the directors may deem necessary for the 
transaction of its business, not exceeding one hundred and 
sixty acres ; and, also, to purchase on sales made by virtue of 
any judgment at law, or any decree of a court of equity, 
or otherwise ; to take and receive any real estate in payment, 



INCORPORATION LAWS OF ILLINOIS. 223 

or towards satisfaction, of any debt previously contracted or 
due to the said corporation, and to hold the same until they can 
conveniently and advantageously sell and convert the same 
into money or other personal property ; and to sell and con- 
vey said real estate or any part thereof. 

Sec. 10. Peter Balles,' William Brown, Stephen M. Edgell, 
George W. Dale, Alexander Furgerson, Alexander Loyd, 
Alexander Morrison, are hereby appointed commissioners for Commission- 
superintending subscriptions to said capital stock; and the ers to obtain 
said commissioners, or a majority of them, shall open one or subscriptions 
more subscription books for said stock, on the first Monday ^^ ^'°*^ ' 
of April, in the year of our lord one thousand eight hundred 
and thirty -nine, in the town of Chicago; and the sum of two 
dollars on each share subscribed for shall be paid to said com- 
missioners, in specie, or in the notes of specie-paying banks, 
at the time of making such subscriptions. The books may be 
closed whenever the whole of said stock shall be subscribed; 
and whenever a board of directors shall be duly elected, the 
said commissioners shall deliver over to the said board of di- 
rectors said books, and shall pay over to said directors the 
whole amount of money by them, respectively or jointly, re- 
ceived, except so much as shall tje retained for the expenses 
incurred by them in executing the duties imposed on them 
by this act: Provided, however, That if the books for the p^q^q^ 
subscription of stock shall not be opened at the time herein 
required, the said commissioners may open the books at any 
time thereafter, upon giving twenty days' notice, in all the 
newspapers printed in Chicago, of the time and place of open- 
ing the same. 

Sec. 11. In case of the death, resignation, or absence of Death or ab- 
any of the commissioners named in this act of incorporation, ^^"^®°*^™®™' 
it shall and may be lawful for any three of them to form a 
quorum, and proceed to business, whose duties shall be the Quorum, 
same in the premises as those prescribed to the whole of said 
commissioners by this act of incorporation named ; and their 
acts as such shall be legal. 

Sec. 12. The stock, property, and concerns of said incor- 
poration shall be managed and conducted by nme directors, Directors, 
who shall hold their offices for one year, and until others be 
chosen and no longer, and shall be holders, respectively, of 
not less than ten shares of the capital stock of said company. 

Sec. 13. The first election of directors under this act shall Election oi 
be held at such time and place, in the town of Chicago, as ^^'^®^'°" 
shall be directed by the said commissioners, or a majority of 
them, who, or a majority thereof, are hereby appointed in- 
spectors of said election; and the persons thus appointed and 
elected as directors shall hold their offices until the first Mon- 
day in April, in the year of our Lord one thousand eight hun- 
dred and forty, and until others are elected in their stP'^d- 



324 



INCORPORATION LAWS OF ILLINOIS. 



Annual elec- 
tion. 



Proxies to be 
stockholders. 



Vacancies, 
how filled. 



Meet to, 
choose offi- 
cers. 



Give bonds. 



Amount of 
capital stock 
to DC publish- 
ed. 



Sec. 14. The directors for every subsequent year shall be 
elected on the first Monday of April in each year, at such 
time of the day, and at such place within the town of Chica- 
go, and under the direction of such persons as a majority, of 
the directors for the time being shall appoint by a resolution, 
to be entered on their minutes. 

Sec. 15. All elections shall be held and made by such of 
the stockholders of the said incorporation as shall attend for 
that purpose, either by person or proxy; which proxies shall 
be always stockholders, allowing one vote to each share of 
capital stock; and the nine persons who shall have the great- 
est number of votes shall be directors ; and if, at any election, 
two or more persons shall have an equal number of votes, so 
as to leave their election undecided, then the directors who 
have been elected shall proceed, by ballot and by a plurality, 
determine which of said persons so having an equal number 
of votes shall be director or directors, so as to complete the 
whole number; and whenever any vacancy shall happen for 
the office of president or vice president, or directors, from 
death or otherwise, such vacancy shall be filled, for the re- 
mainder of the year in which it shall happen, by the di- 
rectors for the the time being, or a majority of them. 
The said commissioners shall certify, under their hands and 
seals, the persons elected, and deliver such certificate to the 
persons selected, or to some one of them ; and if, through any 
unavoidable accident, said directors should not be chosen on 
the first Monday as aforesaid, it shall be lawful to choose them 
on any other day in the manner herein provided. 

Sec. 16. The directors when chosen shall meet as soon as 
may be after every election, and shall choose out of their 
number a president, who shall be sworn, or affirmed, faith- 
fully to discharge the duties of the office, and shall preside for 
one year, and until another person shall be chosen in his 
stead; and also a vice president for the same term. They 
shall have power to appoint a secretary and all subordinate 
officers of said corporation, fix their compensation, define 
their powers, and prescribe their duties, who shall give such 
bond, and in such penal laws, with such conditions, and with 
such securities, as the directors shall prescribe, and hold their 
several offices during the pleasure of a majority of said direc- 
tors. 

Sec. 17. The president and such a number of directors as 
shall be required by the by-laws of said corporation shall con- 
stitute a board for the transaction of business. 

Sec. 18. The president and directors of said company 
shall, previous to subscribing any policy, and once in every 
year, publish, in two of the newspapers of this State, the 
amount of their capital stock, against what risks they mean 
to injure, and the largest sum they mean to take on any risk. 



INCORPORATION LAWS O? ILLINOIS. 335 

Sec. 19. The expenses incurred by the commissioners in Expenses, 
executing any duties required by this act shall be paid out of ^°^ P"*^- 
the moneys received by them from the subscribers, out of the 
capital stock, and may be retained by them for such pur- 
poses. 

Sec. 20. It shall be the duty of the directors of said com- 
pany, at such times as the by-laws thereof shall prescribe, to 
make dividends of so much of their interest arising from the IHvidends. 
capital stock, and the profits of said company, as to ihem shall 
appear advisable; but the money received, and notes taken 
for premiums or risks which shall be undetermined and out- 
standing at the time of making such dividends, shall not be 
considered a part of the profits of said company, and in case 
of any loss or losses, whereby ihe capital stock of said com- In case of 
pany shall be lessened, before all the instalments are paid in, bosses, 
each proprietor or stockholder's estate shall be held accounta- 
ble for the instalments that may remain unpaid on his share 
or shares at the time of such loss or losses taking place; and 
no subsequent dividend shall be made until the sum arising 
from the profits of the business of said company, equal to 
such diminution, shall have been added to the capital stock ; 
and once in every three years, and oftener if required by a ma- 
jority of the votes of the stockholders, directors shall lay be- 
fore the stockholders, at a general meeting, an exact and par- 
ticular statement of the profits, if any there be, after deducting ^*^|^™ent of 
losses and dividends. ^^° ^^' 

Sec. 21. This act is hereby declared to be a public act. 

Sec. 22. This charter shall be void and of no effect, unless If stock is not 
the stockshall be subscribed, and the company shall commence chan^^voxd 
operations, agreeably to the provisions thereof, within one 
year after the passing of this act. 

Sec. 23. Nothing in this act contained shall authorize said shall not is- 
corporation to issue notes or other evidences of debt, in the sue notes, 
similitude of bank notes, to be used as a circulating medium 
in lieu of money, or to buy bills of exchange. 

Sec. 24. That in case of any loss or losses taking place, Jn case of 
which shall be equal to the amount of the capital stock of said °^^^^' 
company, and the president and directors, after knowing of 
such loss or losses having taken place, shall subscribe to any 
policy of insurance, their estates, jointly and severally, shall 
be accountable for any and every loss which shall take place 
under policies so subscribed; and the estates of stockholders, 
as aforesaid, shall be liable for any losses equal to the amount 
of said capital stock subscribed, and not actually paid in, in 
all cases of losses exceeding the means of said company, 
whether they consist of stock paid in or profits not divided. 

Approved, March 2, 1839. 



•236 



INCORPORirTION LAWS OY ILLINOIS. 



In torce, Mar. AN ACT to incorporate the Northern Diviaion of the American Bottoa. 
2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinoiiy 

represented in the General Assembly^ That all that portion of 

the American bottom which Ues in Madison and St. Clair 

« . J,, counties, south of Wood riTcr, is herebjr declared a bodj cor- 

latef *'*"''° porate under the title and n£tme of "The northern division of 

Title & name, the American bottom." 

Sec. 2. The inhabitants of said district of country are 
hereby constituted a body politic and corporate; and, under the 
Name k style, name and style of ''The president and tnistees of the north- 
ern division of the American bottom," they and their succes- 
sors shall be known in law; shall have perpetual succession; 
shall sue and be sued, implead and be impleaded, defend and 
Powers. be defended, in all courts of law and equity, and in all actions 

whatever; may purchase, receive, and hold property, real and 
personal, within said corporation, and may sell, lease, or dis- 
pose of the same for the benefit of the corporation, and may 
do all other acts as natural persons: they shall have a com- 
mon seal, and may alter the same at pleasure. 
PreBident and Sec, 3. The powers of said corporation shall be vested in 
board of trus- ^ president and a board of irustees. 

fterident to ^Ec. 4. The president shall be elected by the voters of 
hold his office the corporation, and shall hold his office for the term of twa 
two years. years, and until his successor be duly elected and qualified. 
Number of Sec. 5. The board of trustees shall consist of six trustees, 

truBteos. to be selected as follows: three from that part of said corpo- 
ration which lies in Madison, and three from the portion 
lying in St. Glair counties; and shall hold their office for the 
term of two years, and until their successor are duly elected 
and qualified. 
Office how va- Sec. 6. The president, trustees, and all other officers of 
rated. corporation shall, during their continuance in office, reside 

within the limits of the corporntion; and if the president and 
trustees or other officers of the corporation shall cease to re- 
side within the limits of the same, liis office shall thereby im- 
mediately become vacated. 
Oontestefi jij^c, 7. Whenever any election for president or trustees 

shall be contested, it shall be determined by the board of 
trustees ; and all vacancies that shall occur in the board of 
l;rustecs shall be filled by election, in such manner as shall be 
provided by ordinance. 

Sec 8. The president may be removed from office for 

any misdemeanor in office, by a vote of two-thirds of all the 

board of trustees elected: and, whenever a vacancy shall hap- 

^ttcaucy how pen in the office of president, it shall be filled by election in 

such manner as shall be provided by ordinance. 

Powerofpres- Sec. 9. The president shall have power to nominate, and, 

idem to nomi- ^ith the concurrence of the board of trustees, to appoint all 

eers. " corporation officers not ordered by law or ordinance to be 

otherwise appointed. He shall take care that the laws of the 



INCORPORATION LAWS OF ILLINOIS. 227 

State, so far as they relate to the corporation and the ordi- 
aauces of the corporation, are dulj enforced, respected, and 
observed within the corporation. He may remit fines, for- 
feitures, and penalties accruing or owing from the violation RfniiMlon of 
of any ordinance of the corporation. He may fill all va- '' 
cancies which may occur in any office other than that of trus- 
tees, until the next meeting of the board of trustees after the 
vacancy shall have happened. He shall from time to time 
give to the board of trustees information relative to the state 
of the corporation, and shall recommend to their considera- 
tion such measures as he shall deem expedient. 

Sec. 10. The president shall preside at all meetings of When presi- 
the board of trustees; and, when the board is equally divided, cttstUg v"te. 
he shall give the casting vote. The board shall judge of the 
qualifications, elections, and returns of the members of the 
board. They shall make rules and regulations for the gov- 
ernment of the'.r own proceedings. They shall have power 
to compel the attendance of absent members at the meetings 
of the board, to punish members for disorderly conduct, and, 
by a vote of two-thirds of all the members elected, to expel ^gjjlj^jj" °^ 
a member, but not a second time for the same oifence. They 
shall cause a true and faithful record to be kept of all the 
acts and proceedings of the board; and, at the desire of any 
member, shall cause the ayes and nays on any question to be 
entered therein. 

Sec. 11. There shall be four stated meetings of the board ?^«^»«i °>e«»- 
of trustees in every year, the time and place of which shall* 
be prescribed by resolution or ordinance of the board. 

Sec. 12. In all meetings of the board ol trustees, a ma- 
jority of the whole number of members elected shal! consti- 
tute a quorum to do business; but any less number may ad-^"®"""- 
journ from day to day, and compel the attenance of absent 
members. The president may call special meetings of the 
board of trustees, by giving five days' notice thereof, in writ- 
ing, to the members of the board. 

Sec. 13. Whenever any vacancy shall happen in *^*^ ^f J*°°J,f "" 
office of president, the trustees shall choose one of their own ^* ^'™' ***' 
number to act, and receive the compensation of president, 
until such election shall be filled by election. 

Sec. 14. The president and board of trustees shall have Taxes on 
poiver. within the corporation, to levy and collect taxes not 
exceeding one-half of one per centum on all landed property, 
(made taxable by law for State purposes); to receive and use 
donations and a[»propriations from iny person or body of per- 
sons whatsoever: Provided the proceeds of such taxation, "«>^"«>- 
and of such donations and appropriations, be used by them to 
secure the main intention of this act, that is to say, for the ^JJ^^^^J^^ 
|j, purpose of draining, reclaiming, and rendering healthful that bottom, 
tract of country included within the boundaries of the corpo- 
ration. They shall have, and they are hereby invested with, 
powers to dig canab, ditches, sluices, and outlets for standing 



228 INCORPORATION LAWS OF ILLINOIS. 

waters in lakes, ponds, slashes, and pools of water; to turn 
the channels or beds of branches, rivulets, lakes or ponds, and 
to remove all obstructions in the same; to raise embankments, 
Levees and levees, or dykes whenever they shall deem proper, and to 
djkes. alter and vary the same at pleasure; to declare what shall be 

considered nuisances, and to cause the removal of the same; 
to regulate the election of corporation officers; to remove (at 
pleasure) from office any person holding any office created oy 
ordinance; to fix the compensation of all corporation officers; 
teesofjurori. to fix the fces of jurors, witnesses, and others for services ren- 
dered under this act, or any ordinances of the corporation; 
to provide for the payment of all expenses incurred in the 
performance of duties required by this act, or any ordinance 
of the corporation, and to provide for the collection an«l ap- 
Census. propriation thereof; to provide for the taking the census of 

the inhabitants of the corporation; to appoint all officers, ser- 
vants, and agents necessary to carry into effect the powers 
hereby granted. 
Ordinances to Sec. 15. Every Ordinance of the board, before it shall 
be approved become a law, shall be presented to the president for his ap- 
^ ^ ' propnation ; and, should the president disapprove of the same, 

he shall return it to the board of trustees, with his objections; 
^c ^nddered ^"^ ^^^^^ ^^^^ board of trustees shall reconsider the ordinance 
* so returned; and if, after such reconsideration, a majority of 
the whole number of trustees elected shall pass the ordinance, 
it shall become a law. 

Sec. 16. If any ordinance shall not be returned to the 
board of trustees within five days after it shall have been de- 
livered to the president for his approbation, it shall become a 
law in the same manner as if he had approved it. 
Style" of ordi- Sec. 17. The style of the ordinances of the corporation 
nances. g],g^|| ^,g. ugg jt ordained by the president and board of trus- 

tees of the corporation of the northern division of the Amer- 
ican bottom." 
Ordinances to Sec. 18. All ordinances passed by the board of trustees 
be published, shall, before they become a law, be published in one or more 
newspapers published in the limits of the corporation, or in 
How proven, ^^j^^ newspaper published in St. Clair or Madison counties. 
Sec. 19. All ordinances of the corporation may be proven 
by the seal of the corporation; and when printed and pub- 
lished in book form, and purporting to be printed by authority 
of the corporation, the same shall be received in evidence in 
all the courts and places without further proof. 

Private pro- Sec. 20. When it shall be necessary to take private pro- 
perty for use i. r J.U /■ ji .. •; . . ^ . , '■ 
of corpora- P^^ty lor the use oi the corporation, or to injure pnvate pro- 

tion, how paid perty for the general benefit of the corporation, the corpora- 

'°'' tion shall make a just compensation therefor to the person 

whose property is so taken or injured; and if the amount of 

such compensation cannot be agreed on, the president shall 

cause the same to be ascertained by a jury of disinterested 

freeholders of the corporation. Such jury shall at the same 



INCORPORATION LAWS OF ILLINOIS. 839 

time take into consideration the benefits accruing to such 
property by any work done upon it by order of the corpora- 
tion, as well as the injury done, and shall have the same in 
mind when making up their verdict on the same. 

Sec. 21. All jurors empanneled to inquire into the Jury to asaei*. 
amount of damages or benefits sustained by a piece of pro- 
perty having had a corporation work done upon it, shall first 
be sworn to that effect, and shall return to the president the 
result of their inquiry, in writing, and signed by each juror. 

Sec. 2'2. The president shall have power, for good cause 
shown within twenty days after the return to him of any in- 
quest, to set the same aside, and to cause a new inquest to be 
made. 

Sec. 23. The president and trustees shall have power, by Redemption 
ordinance, to direct the manner and condition in which any of Jao'^ sold 
property advertised for sale, or sold, for taxes by authority of''"' ^^*®"' 
the corporation, shall be redeemed: Provided, however. That 
at least two years shall be allowed for redemption. 

Sec. 24. There shall be a corporation register chosen by Regieter to b« 

the trustees, whose duty it shall be to keep a record of all the r^^^^.u'",?,"' 

nj,, r ,t .1 1 1 ^ lorm the du- 

omcial acts ot the president, and, when necessary, to attest ties of clerk. 

them. He shall perform the duties of clerk to the board of 
trustees when in session: he shall keep a book or books Records and 
wherein shall be entered all the proceedings of the board; papers of oof» 
he shall keep in his office all records, public papers, and docu- P°j^^^^"' *"'' 
ments belonging to the corporation; and he shall perform j^gpt, 
such other duties as shall be assigned to him by the board of 
trustees. He shall hold his office for two years, and until his 
successor shall be duly appointed and qualified, unless re- Proviso, 
moved as heretofore provided. He shall, before entering on 
the discharge of the duties of his office, give bond to the presi- 
dent, conditioned for the faithful discharge of the duties of his 
office. 

Sec. 25. Every officer of the corporation shall, before officers to be 
entering on the discharge of the duties of his office, take and sworn, 
subscribe an oath or affirmation, before some judge or justice 
of the peace, that he will support the constitution of the 
United States and of this State, and that he will faithfully 
conduct himself in office. 

Sec. 26. The general election for all officers of this cor- General elec- 
poration, required to b« elected by this act, shall be held on ^°"* 
the third Monday of July, of eighteen hundred and thirty- 
nine, and on ^ that day every two years thereafter. The 
voters shall possess the same qualifications as are required in 
voters for State officers, that is, shall be twenty-one years of 
age, shall have lived in the corporation six months preceding * °^'® ''* 
the election, &c. ; and they shall vote viva voce. 

Sec. 27. For the carrying out the organization of this Pesons^amho- 
corporation, Laurant Pensaneau, Narcisse Cornoyer, and ^^^^^^ ^jg^^j^n^ 
Thomas Gilham, are hereby authorized and required to hold ^.j^^ ^ ^^^^ 
an election, on the third Monday of July next, for president of election. 



5S30 INCORPORATION LAWS OF ILLINOIS. 

and six trustees as provided in this act, and to continne the 
same from ten o'clock A. M. to six P. M. ; which election 
shall be held at the office of Alexander Cook, esq., in Illinois- 
town, in the county of St. Clair; and as soon as they shall 
have ascertained who ai'e elected, they shall proclaim the 

Certificates of ^^'^®' ^^^ S^^® certificates to such persons of such election. 

•leotioD. Said Laurant Pcnsaneau, Narcisse Cornoyer, and Thomeis 

Jadgm of 'Gilham shall be qualified as judges of election as provided in 

°°* cases of State elections, and shall appoint their clerk for the 

same. The return or polls of this election shall be delivered 

to the trustees of the corporation as soon as they shall have 

been qualified. 

Act may be Sec. 28. The General Assembly may at atiy time alter, 

altered or re- amend, or repeal this act. 

^^^^' Approved, March 2, 1839. 



lo force, Mar. AN ACT to incorporate the Bainbridge Academy, in Franklin county. 

' Sbc. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That J<^ Bainbridge, 
Joel Norris, Warrenton K. Spiller, Dubratus Dempsey, Thos. 
E. Loudon, William T. Turner, Thomas Scurlock, Anderson 
Walker, Wilson Spiller, and Ragsdal Rowland, and their 

Body oolitic successors, be, and they are hereby, created a body politic 
and corporate, to be styled and known by the name of "The 

Name. president and trustees of the Bainbridge Academy," and, by 

that style and name, to remain and have perpetunl succession. 
The said academy shall be and remain at or near Bainbridge, 
in Franklin county, and State of Illinois. The number of 

Powers. trustees shall not exceed twelve, one of whom shall be presi- 
dent of the board, to be chosen by the trustees. For the 
present the abovenamed individuals shall constitute the board 
of trustees, who shall fill jiie remaining vacancies at their dis- 
cretion. 

Sec. 2. The object of said corporation shall be the pro- 

Olgect. motion of the general interest of education. 

Sec. 3. The corporate powers hereby bestowed shall be 

Further pow- g^^jj q^j^ ^^ ^^.g essential or useful in the attainment oi said 
object, and such as are usually conferred on similar bodies 
corporate, to wit: To have perpetual succession; to make 
contracts; to sue and be sued; to plead and be impleaded; 
to grant and receive by its corporate name; and to do all acts 
as natural persons may ; to accept, acquire, purchase, or sell 
property, real, personal, or mixed, in all lawful ways; to use, 
employ, manage, and dispose of all such property, and all 
money belonging to said corporation, in such manner as shall 
seem to ^he trustees best adapted to promote the objects before 
mentioned ; to have a common seal, and to alter or change the 
same; to make suph by-laws for its regulation as are not in- 
consistent with the constitution and laws of thd United States 



en. 



INCORPORATION LAWS OF ILLIN0I8. HI 

or of this State; and to confer, on such persons as maj be 
considered worthy, such academical or honorarj degrees as 
•re usually conferred bj similar institutions. 

Sac. 4. The trustees of said corporation shall have au< Additonal 
thority, from time to time, to prescribe and regulate the course P**''*"* 
of studies to be pursued in said academy; to fix the rate of 
tuition, and other acaderaicsd expenses; to appoint instructors 
and such other officers and agents as may be necessary in 
managing the concerns of the institution; to define their du- 
ties, to fix their compensation, to displace or remove them ; to 
erect necessary buildings; to purchase books, chemical and 
philosophical apparatus, and other suitable means of instruc- 
tion; and make rules for the general regulation of the conduct 
of the students. 

Sec. 5. The trustees for the time being, in order to have Vaoanoiet, 
perpetual succession, shall have power to fill any vacancy *'®^ ^"**' 
which may occur in the board from death, removal, resigna- 
tion, or any other cause. A majority of the trustees for the 
time being shall be a quorum to do business. 

Sec. 6. It shall be the duty of said trustees to appoint one TVwuurer to 
of their number treasurer to the board, who shall be required P^® ***"***• 
to give bond, with sufficient security, in such penal sum as the 
board may prescribe, conditioned for the performance of such 
duties as the by-laws may require of him. 

Sec. 7. The said institution shall be open to all denomi- Open to all. 
nations of christians, and th(^ profession of any particular re- 
ligious faith shall not be required of those who become stu- 
dents; nor shall any trustee, teacher, or other person, be al- 
lowed or permitted to use any means or influence in order to 
induce any student to subscribe to any particular creed or 
faith, or to attend on or at any particular church or place of 
worship, to the exclusion of any other. All persons, however, Espulrion of 
may be suspended, or expelled from said institution, by the itudents. 
trustees thereof, whose habits are idle or vicious, or whose 
moral character is bad* 

Sec 8. The lands, tenements, and hereditaments to be Maj hold land 
held in perpetuity, by virtue of this act, by said corporation, 
shall not exceed six hundred and forty acres: Provided, how- 
ever. That, if any donations, grants, or devises in land shall 
from time to time be made to said corporation, over and above 
the said six hundred and forty acres which may be held in per- 
petuity as aforesaid, the same may be received by said corpor- 
ation, and held for the period of five years from the date of 
any such donation, grant, or devise; at the end of which time, 
if the said land shall not have been sold by said corporation, 
then, and in that case, the lands so donated, granted, or de- 
vised, shall revert to the donor, grantor, or the heirs of the 

uCVlSOr Ol InC SELtII6 

Sec 9. There shall also be attached to the said academy Com. Bchool 
a department in which shall [be taught branches that are usu- ®P ' "" 
ally taught in common schools, and which shall] constitute the 



INCORPORATION LAWS OF ILLINOIS. 

common school of the district in which said academy may 
be situated; and the trustees of said academy shall receive 
from the school commissioner of the county the same amount 
of money, in the same proportion, and apply the same to such 
tuition in the same manner as other common schools are paid 
and kept; Provided^ That the teachers or instrud;ors of said 
department shall be selected by the trustees, anil under the 
control of the by-laws of said corporation. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to incorporate the Shawnee'own and New Haven Railroa'l 
2, 1839 Company. 

Sec. 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That John Marshall, 
Henry Eddy, Ephraim H. Gatewood, James C. Sloo, J. C. 
Stickney, Alexander Kirkpatrick, William H. Davidson, Jesse 

Body politic. Kirkman, and Thomas S. Hick, their associates, successors, 
and assigns, are hereby created a body politic and corporate, 

Name & style, yjjjjgj. ^jjg name and style of "The Shawneetown and New 

Haven Railroad Company," and, by that name, shall be and 
Powers. gj.g j^ereby made capable, in law and equity, to sue and be 

sued, plead and be impleaded, defend and be defended, in 
any court or courts whatsoever; to make and use a common 
seal, the same to alter and renew at pleasure; and, by that 
name and style, be capable, in law, of contracting and being 
contracted with, purchasing, holding, and conveying, personal 
and real estate for the purpose and use of said corporation, as 
hereinafter limited; and shall be, and are hereby, vested with 
all the powers and privileges and immunities which are or 
may be necessary to carry into effect the purposes and objects 
of this act, as hereinafter set forth; and the said company are 
hereby authorized and empowered to locate, construct, and 
finally complete a railroad for a double or single track, com- 
mencing at Shawneetown, on the Ohio river, near the corner 
of North First street, adjoining the upper public landing in said 
town; thence to the town of New Haven, on the Little Wabash 
river, terminating upon the bank of the river at said town; 
and for his purpose, said company are authorized to construct 
said road; and for the purpose of embankments, cuttings, 
stone, wood, and grave], may take as much more land as may 
be necessary for the proper construction and security of said 
railroad. 
Capital stock. Sec. 2. The capital stock of said company shall consist of 
two hundred thousand dollars, in shares of one hundred dol- 
lars each; and the immediate government and direction of 
Directors, said company shall be vested in a board of not less than five 
how chosen, directors, who shall be chosen by the members of the corpor- 
ation in a manner hereinafter provided, and shall hold their 



INCORPORATION LAWS OF ILLINOIS. 233 

offices until others shall be duly elected and qualified to take 
their place as directors; and the said directors, a majority of 
whom shall form a quorum for the transaction of business, q^ 
shall elect one of their number to be president of the board, 
who shall also be president of the company, and have author- 
ity to choose a secretary and treasurer, who shall givj bond 
and security to the corporation for the faithful discharge of 
his duties, in the sum of twenty-five thousand dollars. 

Sec. 3. The president and director? for the time being are 
heveby authorized and empowered, by themselves or their 
agents, to execute all powers herein granted to the company, 
and all such other power and authority for the management 
of the affairs of said company, not heretofore granted, as may 
be proper and necessary to carry into effect the object of this 
act; and to make such equal assessments from time to time 
on all shares of the company as they may deem expedient and 
necessary: Provided, That no assessment upon such shares 
shall be made of a greater amount in the whole than one hun- 
dred dollars on a share. 

Sec. 4. The president and directors of said company shall May issue 
have power to issue their bonds and obligations of said com- bonds, 
pany to the amount of half the capital stock of said company, 
and negotiate the sale of said bonds, through their agent or 
agents duly appointed for that purpose, either in the United 
States or England, not paying a rate of interest upon such 
amounts so loaned upon said bonds exceeding six per cent, 
per annum. 

Sec 5. The said company shall have power to make, or- By-laws, 
dain, and establish, all such rules, by-laws, ordinances, and 
regulations, as they may deem expedient and necessary to 
accomplish the designs and purposes, and to carry into effect 
the pi-ovisions of this act, and for the transfer and assignment 
of the stock, the payment of assessments, and the conveyance 
of property, and the well-ordering, regulating, and securing of 
the interest and affairs of said company: Provided the same Proviso, 
shall not be repugnant to the laws of this State and the United 
States. 

Sec. 6. A toll is hereby granted and established, for the Tolls, 
sole benefit of said company, upon all passengers and proper- 
ty of all descriptions which may be conveyed or transported 
on said road, at such rates as may be agreed upon and estab- 
lished, from time to time, by the directors of said company. 

Sec. 7. The annual meetings of the members of said com- Annual meet- 
pany shall be holden, on the first Monday of each year, at ^°?®- 
such time, place, and under such regulations as the directors 
for the time being may appomt; at which meeting the direct- Directors cho- 
ors shall be chosen by ballot. Each proprietor shall be enti-sen by ballot, 
tied to one vote for each share, and shall have power, when 
absent fron^ the place of election, to vote by proxy, such 
proxy being certified before a notary public, justice of the 
peace, or other competent authority. 



^234 



INCORPORATION LAWS OF ILLINOIS. 



Commence- 
ment and 
completion. 
First meeting, 



Public act. 



State may 
purchase. 



Sec. 8. The said company shall commence the said road 
within three years, and complete it within the next ten years. 

Sec. 9. Any two members named in this act are hereby 
authorized to call the first meeting by giving notice, ten days 
previous, in at least one newspaper published in Shawneetown, 
Illincis, of the time and place and purpose of said meeting. 

Sec. 10. This act shall be deemed and taken as a public 
act, and as such shall be taken notice of by all courts of jus- 
tice in this State, without the necessity of pleading the same. 

Sec. 11. The State may at any time purchase the said 
road, by paying cost, if it shall hereafter be deemed proper 
to do so. After the period of thirty years this corporation 
shall cease to exist. 

Approved, March 2, 1839. 



Ferry, how 
furnished. 



Powers. 



In force, Mar= AN ACT to establish the Mississippi Ferry Company at SaTannab, and 
2, 1839. for other purposes. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That Luther H. Bowen, 
Benjamin Church, Aaron Pierce, and their associates, heirs, 
and assigns, be, and they are hereby, constituted a body cor- 
Body politic, porate and politic, by the name and style of "The Mississippi 
Name & style. YevTy Company," at Savannah, in the county of Carroll, and 
State of Illinois, with power to establish and mainteiin the 
ferry herein granted for and during the term of ten years from 
and after the passage of this act. 

Sec. 2. The boat or boats necessary for the conducting of 
said ferry may be so constructed as to be propelled by steam, 
horse, or other power, or means, as the proprietors may deem 
expedient. 

Sec. 3. The said corporation hereby created shall have 
succession for the time aforesaid ; for and during that time, 
shall have power, in the name of the corporation, of suing and 
being sued, pleading and being impleaded, answering and be- 
ing answered unto, in all courts of competent jurisdiction; may 
have and use a common seal, and may alter and change the 
same at pleasure; and, in their corporate name, shall be ca- 
pable, in law, to purchase and hold, and convey any estate, 
real, personal, or mixed, that may be necessary for the use of 
said ferry, not exceeding ten acres of land. 

Sec. 4. The capital stock of said company shall be twelve 
thousand dollars, which shall be divided into shares of fifty 
dollars each, which shall be taken and held to be personal 
property. The capital stock of said corporation may be in- 
creased to any amount not exceeding twenty thousand dollars, 
when a majority of the stockholdeis shall deem such increase 
necessary for the objects herein contemplated. 



Capital stock. 



INCORPORATION LAWS OF ILLINOIS. 



235 



Sec. 5. The trustees aforesaid shall open books for the Books opened 
subscription of said stock, on the first Monday of May, or as for capital 
soon thereafter as is convenient, at Savannah, and such other ^'°^''- 
places as they may deem proper, by giving at least twenty 
days' public notice thereof; and like notice shall be given 
when it is necessary to increase the capital stock. 

Sec. 6. At the time of subscribing for, two dollars shall 
be paid on each share subscribed for; and, as soon as the whole 
or one hundred shares of the capital stock is subscribed, the 
trustees shall close the books, and shall order meetings of the Meeting of 
stockholders, to be held at Savannah, by givin'^ ten days' pub- stockholders. 
lie notice thereof, for the election of seven trustees of said Election of 
corporation. The election shall be conducted by the trustees ^"^"^'^^s. 
named in this act, or a majority of them; and, at said elec- 
tion, the stockholders shall be entitled to one vote for each 
share of stock owned; and, at every subsequent election, one 
vote for such share owned at least ten days before said ejec- 
tion; and the persons having a plurality of votes shall be de- 
clared duly elected trustees. The present trustees shall then 
deliver the books and all papers appertaining to the said cor- 
poration to the trustees elect. 

Sec. 7. A majority of the trustees for the time being shall Quorum. 
be a quorum for the transaction of business; and, within ten 
days after the election, they shall meet and organize by elect- 
ing one of their number president of the board, and appoint- ^^'^^^°- 
ing a clerk and treasurer, and such other officers as they may 
deem expedient; and require of all, or any one, such bonds 
as they may deem the safety of the corporation to require; 
and the trustees shall have power to form by-laws and regu- By-laws, 
lations for the government of the corporation, not inconsistent 
with the constitution and laws of the United States and of 
this State. 

Sec. 8. When the said ferry is established, it shall and Tolls. 
may be lawful for the said company, their assigns and succes- 
sors, to demand and receive, from all persons crossing said 
ferry, for and during the time aforesaid, the following rates of 
ferriage, viz: For each loaded wagon, drawn by two horses 
or oxen, one dollar and fifty cents, and for each additional 
animal by which the same is drawn, twenty -five cents ; for the 
same without a load, one dollar and twenty-five cents, and for 
each additional animal, twenty-five cents; for each sulky, gig, 
or other vehicle, drawn by one horse, and driver, seventy-five 
cents; for each coach, barouche, or other pleasure carriage, 
drawn by two horses, and the driver, one dollar and fifty cents, 
and twenty-five cents for each additional horse ; for each man 
and horse, fifty cents; for each head of neat cattle, twelve and 
one-half cents; for each head of sheep, hogs, or goats, six and 
one-fourth cents; for each footman, twenty-five cents; and 
for crossing freight, twelve and one-half cents for each one 
hundred pounds weight. 



236 INCORPORATION LAWS OF ILLINOIS. 

Sec. 9. The ferry hereby granted shall be in all respects 
governed by the laws regulating ferries, toll-bridges, and turn- 
pike roads, except as is herein otherwise provided. 
Trustees to Sec. 10. And that Harman Halt, Charles M. Frcnklin^ 
open books and Henry Hulse, shall be trustees for the subscription of the 
lor stock. capital stock of "The Pickatonica Toll-bridge Company,'^ 
hereby created, who, or a majority of them, shall open books 
for subscription at the house of Alva Fask, Fask's ferry, in 
Winnebago county, on the first Monday in September next, 
by giving thirty days' public notice thereof. The capital stock 
Capital stock, of said corporation shall be four thou<5and dollars, with power 
to increase the same to ten thousand dollars, when a majority 
of the stockholders shall deem such increase necessary. The 
stock shall be divided into shares of twenty dollars each; and, 
at the time of subscribing, one dollar shall be paid in on each 
share subscribed for; and as soon as the capital stock is sub- 
scribed, or one hundred shares thereof, the trustees shall close 
the books, and proceed to organize said company as is provided 
in this bill for the Mississippi Ferry Company. 
Bridge, how Sec. 11. The said bridge shall be so constructed as not to 
constructed, obstruct the free navigation of the said Pickatonica river for 
rafts, boats, or steamboats; and, when finished, the rates of 
toll shall be fixed by the county commissioners' court of Winne- 
bago county; and each corporation shall, after the first elec- 
tion as herein provided, cause an election to be held annually 
Annual meet- thereafter for the election of trustees; and if, at any time, 
ing- such an election shall not be held on the Monday annually as 

herein provided, the corporate powers shall not be forieited, 
if the trustees shall cause such election to be held within sixty 
days thereafter. The trustees shall have power to require the 
payment, from time to time, of such sums on each share as 
Forfeiture of they may deem necessary; and, in their by-laws, declare 
what shall constitute a forfeiture of stock for failure to pay the 
amounts so required. 

Approved, March 2, 1839. 



In force, Mar. AN ACT in relation to the town of Charleston. 

2, 1839. 

Sec. 1, Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That the inhabitants of 
the town of Charleston, in Coles county, Illinois, shall be 

Incorporated, deemed and considered in law incorporated under the provi- 
sions of "An act to incorporate the inhabitants of such towns 
as may wish to be incorporated," approved February 12, 1831; 
and the president and trustees of the town of Charleston, and 
their successors in office, in Coles county, have, in addition to 

Powers. the powers conferred by the provisions of the aforementioned 
act, power to regulate and license taverns and gioceries; to 



1 



INCORPORATION LAWS OF ILLINOIS. 237 

authorLze the destruction and demolition of all instruments and Powers, 
devices used for the purpose of gaming; to forbid the selling or 
giving away any ardent spirits, or other intoxicating liquor, to 
any child, apprentice, or servant, without the consent of his or 
her parent, guardian, master, or mistress; to compel the owner 
or occupant of any grocery, barn, privy, cellar, tannery, shop, 
stable, sewer, or other unwholesome nauseous house, or place, 
to cleanse, remove, or abate the same, from tim^ to time, as 
often as may be necessary for the health, comfort, and conve- 
nience of the inhabitants of said town ; to direct atid manage 
the storage of powder; to erect market-houses, and regulate 
markets; and upon information, filed before said trustees, that 
any house or room in the said town is used for the purpose of 
gaming, they shall have power to authorize the constable of 
said town to break open and enter said house or room, for the 
purpose of arresting such persons as may be gambling; and 
destroying and demolishing such instruments and devices used 
for gambUng. They shall have power to levy a fine for the 
breach of any ordinances, not exceeding fifty dollars. They 
shall have power to provide for the resurvey of said town; 
and suchTesurvcy, when made and recorded, shall be deemed 
and considered to be legal and valid, and shall be evidence 
in relation to the boundaries of the lots in said town; and they 
may erect permanent monuments of said survey. They shall 
have power to erect lamps, and regulate the lighting thereof. 
Approved, March 2, 1839. 



AN ACT to revive an act, entitled "An act to incorporate the stockholders Jq force, Mar. 
of the Randolph Manufacturing Company," approved January 16, 1836. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the act, entitled 
"An act to incorporate the stockholders of the Randolph 
Manufacturing Company," approved January 16, 183G, be, 
and the same is hereby, revived, with all the rights, privileges, Act revived. 
and advantages in the said act contained; Provided, That, if the Proviso, 
said company shall not have been organized under said act 
hereby revived, and the works located, and business commenc- 
ed, within two years from the first day of July next, this act 
shall be void and of no effect. 

Sec. 2. That nothing contained in the act, entitled "An Lots in city of 
act to incorporate the Cairo City and Canal Company," ap- Cairo, 
proved March 4, 1836, shall be so construed as to prevent the 
said company from selling lots situate in the city of Cairo 
under the provisions of the act of the Legislative Council and 
House of Representatives of the Illinois Territory, incorporat- 
ing the City and Bank of Cairo, approved January 9, 1818; 
and it shall be lawful for them to do so in the manner and for 



238 INCORPORATION LAWS OF ILLINOIS. 

the uses and purposes in the last named act specified; and any 
one of the commissioners appointed in and by said territorial 
act is hereby authorized to consent to any sale or disposition 
which the proprietors of the city of Cairo have or may make 
of said city, or the land on which said city was located. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to incorporate the seminaries of learning therein named. 
2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, Tliat the Rev. James 
Dupier, John Dixon, Samuel M. Bowman, Smith Gilbraith, 
Frederick 11. Ducher, William F. Bradshaw, Hugh Graham, 
and their successors, be, and they are hereby, constituted a 
Body politic, body politic and corporate, by the name of "The trustees of 
Name&style. the Lee Seminary of Learning," and, by that name and style, 
shall remain and have perpetual succession. The said semi- 
nary of learning shall be and remain in or near ihe town of 
Location. Dixon, in Ogle county. The trustees of said seminary shall 
Number of not exceed twelve, exclusive of the presiding officer, who 
trustees. gj^all, ex officio, be a member of the board of trustees. For 
Present board the present the aforesaid individuals shall constitute the board 
of trustees, who shall fill the remaining vacancies at their 
pleasure. 
Objects of in- Sec 2. The primary objects of the institution shall be the 
stitution. education of the youth of the country, and to fit and prepare 
them for the various duties of life. 

Sec. 3. The corporate powers hereby bestowed shall be 
Powers. the following, viz: To have perpetual succession; to make 

contracts; to sue and be sued, plead and be impleaded; and 
to grant and receive by their corporate name; to accept, ac- 
quire, purchase, or sell property, leal, personal, or mixed, in 
all lawful ways; to use, employ, manage, and dispose of all 
such property, and all money belonging to said corporation, 
in such manner as shall seem to the trustees best adapted to 
Seal. the objects above mentioned ; to have a common seal, and 

By laws. alter and change the same at pleasure ; to make such by-laws 
for the regulation of said institution as are not inconsistent 
with the constitution and laws of this State. 

Sec 4. The trustees of said corporation shall have autho- 
rity, from time to time, to prescribe and regulate tne kind 
and course of studies to be pursued in said seminary; to fix 
the rate of tuition, and other academical expenses; to appoint 
Further instructors, and such other officers and agents as may be 

powers. necessary in managing the concerns of the institution ; to de- 

fine their duties, to fix their compensation, and to displace or 
remove them; to erect necessary buildings; to purchase 
books, chemical and philosophical apparatus, and other suitable 



INCORPORATION LAWS OF ILLINOIS. 339 

means of instruction ; to make rules for the general manage- 
ment of the affairs of the institution and for the regulation of 
the conduct of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to fill any vacancy To fill Tacan- 
which may occur m the board from death, removal out of the "^^• 
State, resignation, or other cause. A majority of the t/ustees 
for the time being shall be a quorum to do business. Quorum. 

Sec. 6. The trustees of said institution shall appoint a „ 
treasurer, who shall give bond, with such security in such gjve bond, 
penalty, and with such conditions, as the said board may 
direct. 

Sec. 7. The said institution shall be open to all denomina- Institution 
tions of christians, and the profession of any particular faith °^^^ '° ^'" 
shall not be required of those who become students. All per- 
sons, however, may be expelled, or suspended from said insti- 
tution, by the trustees thereof, whose habits are idle or vicious, 
or whose moral characters are bad. 

Sec. 8. The lands, tenements, and hereditaments to be Lands held., 
held in perpetuity by said corporation shall not exceed six 
hundred, and forty acres: Provided, however, That, if any ^''oviso. 
donations, grants, devises in lands shall from time to time be 
made to said corporation, over and above the said six hundred 
and forty acres which may be held in perpetuity as aforesaid, 
the same may be received and held by said corporation for 
the period of five years from the date of any such donation, 
grant, or devise ; at the end of which time, if the said land 
shall not have been sold by said corporation, then, and in that 
case, the said lands so donated, granted, or devised, shall revert 
to the donor, grantor, or the heirs of the devisor of the same. 

Sec. 9. Joseph T. Sanford, A. S. Spaulding, J.M. Russell, 
S. St. John Mix, L. O. Bryan, William Wilkinson, and Ham- 
ilton Norton, are hereby appointed trustees of "The Bloom- Trustees ut 
ingville Semmary of Learning," to be located in or near the Bloomingtoo 
town of Bloomingville, in the county of Ogle. seminary. 

Sec. 1(J. Cyrus L Watson, George Haskell, George W. 
Brinckerhoof, H. W. Potter, Anson Barrume, Daniel S.Haight, 
Richard Montague, and their successors, are hereby appointed 
trustees of "The Rockfoid Seminary of Learning," to be loca- J^-J^jJ^^^^^^ "^ 
ted in or near the town Rockford, in the county of Winne- ggminarj. 
bago. 

Sec. 1L William M. Adams, William Talcott, L. Petti- 
bone, Ira Hersey, M. T. Ormsby, R. J. Cross, and J. A. VViglit, 
are hereby appointed trustees of "The Rock River Seminary Trustees o( 
of Learning," to be located in or near the town of Pickatonica, Rock river 
in Winnebago county. seminary. 

Sec. 1"^. Leonard Goss, Aaron Pierce, Vance L. Davidson, 
Luther H. Bowen, William Goss, John Bernard, and John 
Bowen, are Hereby appointed trustees of "The Savannah Tr^«JJJ^«j^ «< 
Seminary of Learning," to be located in or near the town seminary. 
of Savannah, in the county of Carroll. 



240 



INCORPORATION LAWS OF ILLINOIS. 



Trustee? of 
Craig Bemina' 



Trustees of 
Freeport sem- 
inary. 



Trustees of 

Millersburgh 

semiaary. 



Trustees of 
Stephenson 
seminary. 



Trustees of 
Oregon semi- 
nary. 

Seminaries, 
how governed 



Trustees of 
Kishwaukee 
seminary. 



Sec. 13. Milton S. Mason, A. D. Bishop, James McBride, 
Joseph Briggs, Albert Stone, Stephen De Wolf, and David 
Caswell, are hereby appointed trustees of "The Craig Semi- 
nary of Learning," to be located in or near the town of Belvi- 
dere, in the county of Boone. 

Sec. 14. O. H. Wright, L. W. Streeter, John Clark, Hi- 
ram G. Eades, Benjamin Goddard, and Jonathan Corey, are 
hereby appointed trustees of "The Freeport Seminary of 
Learning," to be located in or near the town of Freeport, in 
the county of Stephenson. 

Sec. 15. Hiram Handle, Isaac Willits, Joshua Willits, 
William Drury, James S. Thompson, Mark Willits, and 
Ephraim Gilmore, are hereby appointed trustees of "The Mil- 
lersburgh Seminary of Learning," to be located in or near the 
town of Millersburgh, in the county of Mercer. 

Sec. 16. Joseph Conway, John S. Miller, George Daven- 
port, John Spencer, and Renna Wells, are hereby appointed 
trustees of "The Stephenson Seminary of Learning," to be 
located in or near the town of Stephenson, in the county of 
Rock Island. 

Sec. 17. Thomas Ford, M. C. Hill, James V. Gale, Dan- 
iel H. T. Mop, and Christian B. Artz, are hereby appointed 
trustees of "The Oregon Seminary of Learning," to be located 
in or near Oregon city, in the county of Ogle. 

Sec. 18. The seminaries of learning mentioned in the nine 
preceding sections shall adopt the first eight sections of this 
act, excepting only the trustees, the name of the institution, 
and its place of location. 

Sec. 19. H. Foote, L. Maulthrop, J. M. Johnson, William 
R. Wheeler, Simeon Towle, W. Earll, David A. Holt, and 
Joseph D. Brinsmade, are hereby appointed trustees of "The 
Kishwaukee Seminary," to be located at Kiskwaukee, on 
Rock river, in Winnebago county. 

Approved, March 2, 1839. 



Power of 
judge. 



In force, June AN ACT to amend an act, entitled "An act to incorporate the 
3, 1839. city of Alton." 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, Th.aX the judge of the 
municipal court of the city of Alton shall have power, and is 
hereby authorized, to issue writs of habeas corpus, writs ne 
exeat^ writs of injunction, and writs certiorari, wi'.hin the 
jurisdiction of said court; and the same proceedings shall be 
had thereon before said judge and court as may be had in like 
cases before the circuit judges and circuit courts of this State, 
respectively. 

JowtT"^ °T ^^^' ^' '^^^ J"^Se Pf the municipal court of the city of 
^® ^' Alton shall hold two terms of said court in each year for the 



INCORPORATION LAWS OF ILLINOIS. g^j 

transaction of ^ civil and criminal business ; and shall continue 
each term of said court until the business before it shall be 
disposed of. The said terms shall, respectively, commence on Times of 
the first Mondays of May and November: Provided^ That'<=o"rt. 
the common council of said city shall have power to alter the '''■°^^°- 
lime of holding said terms of court, by giving four weeks' 
notice thereof in some newspaper in said city: And provided, Ynnher pro- 
further^ That the common council shall so order and arrange viso. 
the time of holding the terms of the municipal court so that 
they shall not be held during the regular sitting of the Madi- 
son circuit court. 

Sec, 3. In all criminal cases hereafter depending in the said Change of 
municipal court, the defendant may make application for^^°"®" 
change of venue, as now provided by law, setting forth in the 
petition the particular facts on which the application is 
grounded ; and which application and petition shall be swoin 
to, and shall be addressed to the sound discretion of the court 
or judge, who shall allow such applications, if the ends of jus- 
tice shall be thereby promoted. 

Sec. 4. In all cases where it shall become necessary to 
commit any person or person, by virtue of the criminal laws 
of the State, for offences committed within the jurisdiction 
of said municipal couiH, such person or persons shall be com- offendeis to 
mitted to the city jail of the city of Alton; and in all cases be placed in 
of conviction for a criminal offence in said court, and where, *^^'y J^'* 
by the laws of this State, a part of the punishment is impris- 
onment in the county jail, said convicted person or persons 
shall be imprisoned in the city jail of the city of Alton. 

Sec 5, Hereafter no lands lying within the corporate 
limits of the city -of Alton, not laid out into town or city lots 
of less size than ten acres, shall be taxed by said corporation 
at a higher rate, in propDrtion to their value, than other lands 
are taxed lying out of said city, and within the county of 
Madison. 

Sec. 6. There shall be a poll opened at every place of 
holding an election in the city of Alton, at the August elec- 
tion, in eighteen hundred and thirty-nine ; at which election citizens to 
the legal voters of said city may vote for or against abolishing vote for or _ 
the municipal court of the city of Alton; which votes shall ^P^"^'^™""*' 
be returned to the common council, and counted as is now 
provided by law; and if a majority of all the legal votesgiven 
at said election are in favor of abolishing said court, then the 
said court shall be, and the same is hereby, abolished. 

Sec. 7. That in the event that the said court is aboUshed should court 

by the vote of a majority of the citizens of Alton, all suits or be abolished, 

^ 1 . . , •' 1 . • !• J J all business to 

matters, both in law and in equity, now pending and unde- g-o into circuit 

termined in the said municipal court, shall be heard, tried, or court of Mad- 
prosecuted to final judgment and execution, in the circuit ison county, 
court of the county of Madison, in the same manner as they 
would be if the said suits had been originally made returna- 
ble or had in the circuit court for th? said county of Madison ; 



343 INCORPORATION LAWS OF ILLINOIS. 

Dockets and and all records, dockets, and papers belonging to, arising from, 
Sifl'osed of" ^^ connected with, the said municipal court, shall, by the 
clerk of the said municipal court, be transferred and delivered 
over to the clerk of the circuit court for the said county of Mad- 
Proviso, ison: Provided, That this section shall be construed as a re- 
lease of errors that might have been taken advantage of in 
Further pro- said municipal court: Provided, further, That it shall be no 
'^O' ground of error in or to any judgment heretofore rendered 

in the said municipal court, that it does not appear, by the 
record or proceedings,lhat the defendant resided in the county 
of Madison. 
Dutyof sheriff Sec. 8. That it is hereby made the duty of the sheriff of 
of Madison Madison county to make returns of all process of summons, 
" "° ^* executions, or of whatever name or nature, to the said circuit 

court of the county of Madison ; which said circuit court is 
hereby invested with the same powers to enforce a compli- 
ance with the law in this behalf that it would have had if the 
process had been originally issued from the said circuit court ; 
and execution, hereafter to be issued upon any judgment 
rendered in the said municipal court, shall be directed to the 
sheriff of Madison county. 
Transcript of Sec. 9. That the transcript of any record of the said muni- 
record, (.jpai court, of any judgment rendered thereon, may and shall 
be furnished by the clerk of the' circuit court of said county of 
Madison; and every such transcript shall [have] the same force 
and effect, to all intents and purposes that the same would have 
had if the suit, process, or proceedings, whether in law or 
equity, had be.^n originally commenced or instituted in said 
circuit court. 

Sec. 10. That the clerk of the said municipal court, if the 
same shall be abolished by the votes of a majority of the 
legal voters of the city of Alton, shall deliver over the records, 
dockets, and papers, as provided in the seventh section of this 
act, within six weeks after the first Monday of August, in the 
year of our Lord, one thousand eight hundred and thirty- 
Proviso, nine: Provided, Nothing in this actcoritained shall prevent 
the clerk of the said municipal court from collecting his fees 
in the manner now provided by law. 

Sec. 11. This act shall take effect and be in force from 
and after the first Monday in June next ; and any thing con- 
tained in the act to which this is an amendment, and which is 
inconsistent with the foregoing amendments, is hereby re- 
pealed. 

Approved, March 2, 1839. 



i 



INCORPORATION LAWS OF ILLINOIS. 343 

AN ACT to iacorporate the town of Decatur. In force, 

Sbc. 4. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following are 
hereby declared to be the boundaries of the town of Decatur, 
in the county of Macon; one square mile laid out by lines B°"'^<^a"«8 of 
running due north and south, east and west; and the centre ^°^"' 
ojf the old public square in said town of Decatur to be the 
centre of said square mile ; and the inhabitants and residents 
of said town, and all within said boundaries, shall be, and are 
hereby, constituted a body politic and corporate, by the name 
and style of "The president and trustees of the town of De- Name&style. 
catur;" and, by that name, they and their successors shall be 
known in law, and have perpetual succession, sue and be sued, Powers, 
plead and be impleaded, defend and be defended, in all courts 
of law and equity, and in all matters and actions whatsoever; 
may grant, purchase, receive, and hold property, real and per- 
sonal, within the said town, and no other, (burial grounds ex- 
cepted,) and may lease and dispose of the same for the bene- 
fit of the said town; and may do all other acts, and exercise 
such other rights, powers, and duties, as shall be conferred 
upon said trustees by this act : Provided, The said corpora- Proviso, 
tion shall not purchase or hold more real estate th^n is neces- 
sary for use and convenience of said town. 

Sec. 21 The corporate rights, powers, and duties of said Powers vested 
town shall be vested in seven trustees, to be chosen and ap- J° ^®^®° ^'■"*' 
pointed as hereinafter directed, who shall form a board for 
the transaction of business. 

Sec. 3. On the first ]y[onday of May next, and on the 
first Monday of May annually thereafter, an election shall be ^°^^^^ ^^^^' 
held at the court-house in said town for the seven members to 
compose the board of trustees of said town. 

Sec. 4. Any person may be elected a trustee, or may vote Qualifications 
for the election of trustees of said town, who has resided {^ofjjfffio'e. 
three months within the limits of said corporation next pre- 
ceding the election, and who is qualified to vote for a Repre- 
sentative in the General Assembly of this State. 

Sec. 5. The board of trustees shall appoint their president Officers, 
and all other officers of their Board, and shall be judges of the 
qualifications, elections, and returns of their own members. A 
majority shall constitute a quorum, but a smaller number may Quorum, 
adjourn from time to time; may compel the attendance of ab- 
sent members in such manner and under such penalties as 
the board may provide. They may determine the rules of 
proceedings, punish their members for disorderly conduct, 
and, by the concurrence of two-thirds of the whole number 
elected, expel a member. They shall fix upon the time and 
place of holding their meetings : Provided at least one meet- Proviso, 
ing of their board shall be held every two months. 

Sec. 6. The board of trustees shall have power, by ordi- 
nance, to levy and collect taxes upon all real estate within the 



344 



INCORPORATION LAWS OF ILLINOIS. 



Powers of 
trustees. 



Jnrisdiction 
of justice of 
peace. 
Appeal. 



Tax for 

school houses 



Proviso. 



Special tax. 



town and limits of said corporation, not exceeding one per 
centum upon the assessed value thereof; to make regulations 
to secure the general health of the inhabitants ; to establish 
night-watches; erect lamps, in the streets, and hghting of 
the same ; to erect and keep in repair bridges ; to license and 
regulate auctions, taverns, groceries, and pedleis, theatrical and 
other shows and amusements; to restrain and prohibit gaming- 
houses, bawdy-houses, and other disorderly houses; to prevent 
the running and indecent exhibition of horses within the 
bounds of said town; to provide for the trial and punishment 
of persons who may be engaged in assaults, assaults and bat- 
teries, and affrays, within the limits of said corporation; and 
to provide that such punishment may be inflicted for any 
offence against the laws or ordinances of said corporation as 
is or may be provided by law for like offences against the 
laws of the State : Provided^ That no person shall be depriv- 
ed of the right of trial by jury in any case where such person 
would be entitled to a trial by jury for a like offence against 
the laws of the State ; to prevent the shooting of fire-arms 
within the limits of said corporation ; to establish and erect 
markets; to open and keep in repair streets and avenues, 
lanes, alleys, drains and sewers; and to keep the same free 
from incumbrance ; to establish and regulate a fire depart- 
ment ; to dig wells and erect pumps in the streets; to regulate 
the police of the town; to regulate the election of town 
officers, and fix their compensation ; and from time to 
time to pass such ordinances, to carry into effect the ordinan- 
ces [provisions] of this act and the powers hereby granted, as 
the good of the inhabitants may require, and to impose and 
appropriate fines and forfeitures for the breach of any ordi- 
nance, and to provide for the collection thereof. 

Sec. 7. That in all cases arising under this act, or grow- 
ing out of the by-laws and ordinances made in pursuance of this 
act of incorporation, any justice of the peace within the said 
corporation shall have jurisdiction to hear and determine the 
same, and an appeal may be taken, and writs oi certiorari allow- 
ed, from any such decision, in the same manner as now is or 
may hereafter be provided by law for appealing from judg- 
ments of justices of the peace. 

Sec. 8. The board of trustees shall have power to levy 
a tax for the erection of school-houses and the support of 
common schools within said corporation; and to raise money, 
on the credit of town, for the purpose of commencing and 
prosecuting works of public improvement: Provided, fiovcever, 
That the Shme shall be submitted to the vote of the inhabit- 
ants of said town, and approved by two-thirds thereof. 

Sec. 9. That, upon the application of the resident own- 
ers of two-thirds of the real estate belonging to residents ou 
any street, or part of a street, it shall be lawful for the board 
of trustees to levy and collect a special tax on all the lots on 
such.stxeet or partaof astreet, accordiog to > their respective 



INCORPORATION LAWS OF ILLINOIS. 245 

fronts, for the purpose of grading or paving the side-walks on 
said street or part of a street. 

Sec. 10. AH ordinances shall be published and posted in Ordinances to 
three of the most public places in the said town, within ten ^^ published, 
days after passage; and, if there be a newspaper in the town, 
it shall be published therein within said ten days. 

Sec. 11. That when any real estate in said town shall 
have been sold by the authority of the corporation for non- 
payment of any tax that may have been levied upon the 
same, the same shall be subject to redemption by the owner Redemption 
or owners thereof, his, her, or their agent or agents, within °^ ^^°^ ^°^^ 
one year after the same shall have been sold, on paying to the 
treasurer of the board ot trustees of said town, for the use 
of the purchaser or purchasers, double the amount of tax for 
which the same shall have been sold, together with costs for 
selling the same ; and if not redeemed by the owner or own- 
er'?, then the same shall be subject to redemption by any judg- 
ment creditor, his, her, or their agent, within fifteen months 
after the same shall have been sold, on paying as above speci- 
fied; but should the said lots, or parts of lots, or real estate 
so sold for the non-payment of taxes as aforesaid, not be re- 
deemed within the time specified, then, and in that event, it 
shall be the duty of the president of the board of trustees of 
said town to execute a deed, with special warranty, signed by Special deed, 
the president, and countersigned by the clerk thereof. 

Sec. 12. It shall be the duty of the board of trustees to 
cause to be paid to the owner or owners of lots or real estate 
all moneys which may have been paid to the treasurer over 
and above the amount of the taxes for which they were sold, 
and the cost of selling the same. 

Sec. 13. The otficers of said board of trustees, in addi- Additional 
tion to their president, who shall be a member of their own officers, 
body, shall consist of one clerk, one treasurer, one assessor, 
and collector of taxes, and such other officers as they may 
deem necessary for the good of said town. 

Sec. 14. That the board of trustees shall have power to 
adopt such modes and means for the assessment and collection 
of taxes as they may from time to time fix upon and deter- 
mine, and to prescribe the manner of selling property when 
the tax levied upon it is not paid : Provided, however, That proviso. 
no sale of any town lots or other real estate shall be made 
until public notice of the time and place shall be given, by ad- 
vertisement, in a newspaper published in said toAvn, or by 
posting up written notices in three of the most public places 
in said town, at least twenty days previous thereto. 

Sec. 15. That the board of trustees shall have power to Townconati- 
appoint a town constable or constables, and authorize him or l^'^s. 
them to execute all writs, process, and precepts, which may 
be issued against any person for the violation of the laws or 



246 



INCORPORATION LAWS OF ILLINOIS. 



Fines and for 
feitures. 



Roads to be 
kept in good 
repair. 



Judgment 
delinquent. 



Proviso. 

Further pro- 
vieo. 



Feesofjustice 
and constable 



ordinances of the corporation, and to arrest, on view, all per- 
sons who may violate such laws or ordinances; to collect all 
fines and forfeitures which may be assessed or recovered for 
the use of the corporation ; and to require bond and security 
of said constable or constables, in such sum as they may think 
proper; said constable or constables to hold their offices dur- 
ing the pleasure of the board of trustees, and shall have and 
possess the same powers, and perform the same duties in other 
respects, within the limits of said corporation, as the consta- 
bles within the different districts of the county possess. 

Sec. 16. That the board of trustees, for the purpose of 
keeping the streets and alleys in said town and incorporated 
limits, and the public roads passing from and through said 
town, in good repair, and to this end ihef are authorized to re- 
quire every male resident of said town and incorporated lim- 
its, over the age of twenty-one years, to labor in said streets, 
alleys, and roads, at least four days in each year; and any 
person who shall be notified by the street commissioner, or 
other authorized person, so assessed as herein provided, and 
shall fail or neglect to perform the same, shall forfeit and 
pay the sum of one dollar for each day's labor neglected to 
be performed ; and the street commissioner in said town is 
hereby authorized to prosecute such delinquent person, in 
the name of "The president and trustees of the town of De- 
catur," before any justice of the peace in said town; and said 
street commissioner shall be a competent witness against said 
delinquent; and in case of default as aforesaid, the justice of 
the peace shall enter up judgment against said delinquent for 
the amount so forfeited, with costs of suit, and issue execution 
forthwith. 

Sec. 17. That it shall be the duty of any justice of the 
peace I'esiding in said town, and he is hereby authorized and 
empowed, on complamt being made to him, on oath, of the 
violation of any law or ordinance of the corporation, to issue 
his warrant, directed to the town constable, or any other au- 
thorized officer, to apprehend the offender or offenders, and 
bring him or them forthwith before him; and after hearing 
the evidence, if it shall appear that the accused has been guil- 
ty of the violation of any such law or ordinance of the corpo- 
ration, to impose such fine or imprisonment as shall be provi- 
ded in said law or ordinance : Provided, Such fine shall not 
exceed fifty dollars: And provided, further, That no person 
shall be imprisoned under the provisions of this act for a 
longer period than twenty-four hours for every five dollars of 
any fine assessed, or forfeiture or penalty recovered. 

Sec. 18. That justices of the peace and constables who 
are required to render service under this act shall be entitled 
to the same fees, and collect them in the same manner, as now 
is or hereafter may be provided by law. 



I 



INCORPORATION LAWS OF ILLINOIS. 247 

Sec. 19. That there shall be an election held on the Election to 
second Monday in April next, to be managed by the present accept or re- 
officers of said town, for the purpose of deciding whether^gr. 'sc ar- 
they will accept of the provisions of this act; and if a 
majority of said citizens shall vote for its acceptance, then it 
shall be in full force and effect ; but if a majority of said citi- 
zens shall vote against its acceptance, then this act to be null 
and void. 

Approved, March 2, 1839. 



AN ACT to incorporate the Amity Academy in Bond county, and the In force, Mar. 
Lebanon J'emale Academy in St. Clair county. 2, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That William Hunter, 
William Young, Duncan Johnson, L. D. Plant, Noah Lever- 
ton, James Johnson, B. T. Kavenaugh, McKendree Fox, and 
William Mills, and their successors be, and they are hereby, 
created a body politic and corporate, to be styled and known Body politic, 
by the name of "The trustees of the Amity Academy," and. Name & style. 
by that style and name, to remain and have perpetual succes- 
sion. The said academy shall be and remain at or near the 
town of Amity, in the county of Bond, and State of Illinois. Location. 
The number of trustees shall not exceed twelve, one of whom 
shall be president of the board, to be chosen by the trustees. Nun'ber of 
For the present the abovenamed individuals shall constitute 
the board of trustees, who shall fill the remaining vacancies Vacancies, 
at their discretion: Provided, That not less than four consti- *^°^ ^^^^'^^ 
tute a quorum to do business. 

Sec. % The object of said corporation shall be the pro- Object, 
motion of the general interest of education. 

Sec. 3 John Thomas, William W. Roman, James Riggin, 
Benjamin Hypes, James W. Sunderland, Benjamin T. Kav- 
enaugh, William Brown, Lyman Adams, William Baker, 
Thomas W. Gray, E. G. Potter, and Annis Merrill, and their 
successors in office, be, and they are hereby, created a body ^°^y politic, 
politic and corporate, under the name and style of "The Leba- Name & style. 
non Female Academy," and, by that name, shall be styled and 
known, and have perpetual succession. The said academy, 
designed for the education of females, shall be and remain at 
or near Lebanon, in the county of St. Clair, and State of Illi- Location, 
nois. The trustees shall not exceed thirteen, one of whom 
shall be elected president of the board by said trustees. For 
the present the abovenamed individuals shall constitute the No. oftrusteea 
board of trustees, and they may fill the remaining vacan- 
cies at their discretion. A majority of the actual number of 
trustees shall be a quorum to do business: Provided, That Quorum, 
not less than four constitute a quorum. 



248 INCORPORATION LAWS OF ILLINOIS. 

Powers. Sec. 4. The corporate powers hereby bestowed shall be 

such only as are essential or useful in the attainment of said ob- 
ject, and such as are usually conferred on similar bodies cor- 
porate, to wit: To have perpetual succession ; to make con- 
tracts; to sue and be sued, plead and be impleaded; to grant 
and receive by their corporate names; and to do all other acts 
as natural persons may; to accept, acquire, purchase, or sell pro- 
perty, real and personal, or mixed, in all lawful ways; to use, 
employ, manage, and dispose of all such property, and all 
money belonging to said corporations, in such manner as shall 
seem to the trustees best adapted to promote the objects be- 
fore mentioned; to have common seals, and to alter or change 
the same; to make such by-luws for their regulations as are 
not inconsistent with the constitution and laws of the United 
States or of this State ; and to confer, on such persons as may 
be considered worthy, such academical or honorary degrees 
as are usually conferred by similar institutions. 
. Sec. 5. The trustees of said corporations shall have au- 
thority, from time to time, to prescribe and regulate the course 
of studies to be pursued in said academies; to fix the rate of 
tuition, and other academical expenses ; to appoint instructors 
and such other officers and agents as may be necessary in 
managing the concerns of the institution; to define their 
duties, to fix their compensation, to displace or remove them; 
to erect necessary buildings ; to purchase books, chemical, 
philosophical, and other apparatus, and other suitable means 
of instruction ; and to make rules for the general regulation 
of the conduct of the students. 

Sec. 6. The trustees for the time being, in order to have 

filra/r^va^u^ perpetual succession, shall have power to fill any vacancy 

ciea. ' which may occur in the board from death, removal, resigna- 
tion, or any other cause. A majority of the trustees for the 
time being shall be a quorum to do business. 
Sec. 7. It shall be the duty of said trustees to appoint 

Treasurer. o^^e of their members treasurer to the board, who shall, when 
required by the board to do so, give bond, Avith sufficient secu- 
rity, in such penal sum as the board may prescribe, condi- 
tioned for the performance of such duties as the by-laws may 
require of him. 

Open to all. Sec. 8. The said institutions shall be open to all denomi- 
nations of Christians, and the profession of any particular re- 
ligious faith shall not be required of those Avho become stu- 

Expulsion of ^®^^^' ^^' persons, however, may be suspended, or expelled 

students. from said institutions, by the trustees thereof, whose habits 
are idle or vicious, or whose moral characters are bad. 

Sec. 9. The lands, tenements, hereditaments, to be held 
in perpetuity, by virtue of this act, by said corporations, shall 

Proviso. not exceed six hunded and forty acres: Provided, hnicever. 

That, if any donation, grants, devises in lands, shall from 
time to time be made to either of said corporations, over and 



INCORPORATION LAWS OF ILLINOIS. 249 

above the said six hundred and forty acres which may be held 
in perpetuity as aforesaid, the same may be received and held 
by said corporation for the period of ten years from the date 
of any such donation, grant, or devise; at the end of which 
time, if the said land shall not have been sold by the corpo- 
ration receiving the same, then in that case the said lands so When lands 
donated, granted, or devised, shall revert to the donor, grantor, *° revert. 
or the heirs of such grantor or devisor of the same. 

Sec. 10. There shall also be attached to the said acade- 
mies a department in which shall be taught branches that are 
usually taught in common schools, which shall constitute the 
common schools of the district in which said academies, or Common 
either of them, may be situated ; and the trustees of said ^^ °° ^' 
academies shall receive from the school com.missioners of the 
county in which they may be situated the amount of money, Common 
in the same proportion, and apply the same to such tuition in school money, 
the manner as other common schools are paid and kept: 
Provided, That the teachers or instructors of said department ^^^^1^"'^^ 
shall be selected by the trustees and under the by-laws of said 
corporation: And provided, further, That a majority of two- Proviso, 
thirds of the voters of said school district shall give their 
written assent to the adoption of said seminary as a common 
school; which assent may be at any time withdrawn, and all 
connection with the common school dissolved, the trustees' (of 
schools in the township) certificate being necessary to the fact 
of two-thirds of the voters being petitioners as above provided 
for. 

Sec. 11. So much of the tenth section as requires that 
said common school shall constitute the common school of 
the district shall not apply to the Amity Academy; but in all 
cases children attending said school (at Amity) shall have all 
the benefit of the common school funds as children attending 
other common schools. 

Approved, March 2, 1839. 



INDEX 



TO 



INCORPORATION LAWS. 



A. 

PAOE«' 

Academy, Amity, in Bond county - - - - 247 

Bainbridge - - - - - - 230 

Elgin - - - - - - 97 

FrankKn - - - - - - 168 

Hanover - - - - - - 42 

Lebanon Female - - - - - 247 

Marshall - - - - - - 177 

Menard, of Kaskaskia - - - - 15 

Shawneetown - - - - - 79 

Springfield, in Sangamon county - - - 145 

Agricultural Societies ------ 126 

Union - - - - i- 88 

Alton, city of, charter amended - - - - 240 

Marine and Fire Insurance Company - - - 95 

and Springfield Turnpike Road Company - - 162 

Upper, Manufacturing Company - - - 47 

and Vandalia Turnpike Road Company - - 165 

American Bottom, northern division of - - - 226 

Amity Academy - - - - - - 247 

Association, Mechanic, and Galena Beneficial Society - 14 

Mount Carmel Grimke Literary - - . 148 

B. 

Bainbridge Academy ------ 230 

Beardstown and Sangamon Canal Company - - - 196 

Belleville, town of- -- - - - 115 

Beneficial Society, Galena, and Mechanic Association - 14 

Bloomington, town of - - - - - 172 

Blomingville Seminary - - - - - 239 



INDEX. 



Bottom, American, northern division of - - 

Buncombe Mining and Smelting Company 
Bridges across Kaskaskia and Embarrass rivers 
Carmi Company, act amended 
Centre Company at Ottawa - - - 

Kaskaskia Company, part of act repealed 
Mississippi and Grand Tower Company 
Reynolds and Seymour, across Kaskaskia river at 

Farmington , . _ . 

Winslow Company - - - - 



c. 



PAOB. 

226 

188 
30 
15 

178 
38 
39 

38 
184 



Cairo City and Canal Company > - _ 

Caledonia Railroad Company - - - - 

town of - 
Canton College of Illinois - - - - 

Carmi Bridge Company .... 

Ccuial, Cairo City and, Company - . - 

Beardstown and Sangamon Company - 
Mississippi and Rock River Company - 
Centre Bridge Company at Ottawa . - - 

Chamber of Commerce, Galena - _ - 

Charity Hospital, La Salle . . - - 

Charleston Marine and Fire Insurance Company 

town of - 

Chester, town of - - - - - 

Insurance Company - - - - 

Central Seminary of Illinois - - - - 

Chicago, city of . . . - - 

Lyceum - . . 

City, Alton ..--._ 

Chicago, part of act repealed ... 

Galena. (See Public Laws of 1838 «& '39, page 25.) 

College, Canton, of Illinois .... 

Kane . . . ^ . 

McKendree - - . . - 

Commerce, Galena Chamber of - . - 

Hotel Company . . . - 

Craig Seminary . . . . - 



32 
3 

130 
37 
15 
32 

196 

15 

178 

147 

115 

117 

236 

50 

81 

71 

63 

125 

240 

63 

240 

37 

96 

4 

147 

152 

240 



D. 

Danville, town of 

Decatur, town of - . . 

Des Moines Rapids Railroad Company 
Dragoons, Invincible - 



8 

243 

75 

45 



INDEX. m 

£. 

PACK. 

East Lockport, plat of, vacated - - - . i2Q 

Edwardsville Steam-mill Company - - - - 69 

Elgin Academy ----- . gy 

Exeter Manufacturing Company - - - . 189 

F. 



Fairfield Institute ------ 124 

Farmington, bridge at - - - - . . 38 

Fayette, town of ----- . fig 

Female Seminary, Rushville - - - - - I'gi 

Marshall - - - - . 214 

Mount Carmel - - - - ^3 

Ferry, Mississippi, Company - - - , . 234 

Fire Insurance Company, Alton " - - - 95 

Charleston - - - . 17 

Chester ~ ~ ~ - 81 

Fulton County Mutual - . 134 

Greene County Mutual - - 152 

Jo Daviess Marine and - - 92 

Illinois Mutual - - - 108 

Illinois - - . . 221 

Rock Island Mutual . - . 14^ 

Tazewell County Commercial . 21 

Warsaw Marine and - - 141 

Freeport Seminary - - - - - - 240 

Franklin Academy .--... jgg 

Fulton Turnpike Road Company - - - _ 200 

County Mutual Fire Insurance Company - . 134 

G. 



Galena Chamber of Commerce . . . . i^kj- 
City of. (See Public Laws of 1838 & '39, page 25.) 
Beneficial Society of - - - - - 14 
Geneseo Manual Labor High School - - - - 163 
German Library Society of St. Clair .... iqi 
Golconda Seminary ---... 203 
Grand Tower and Mississippi Bridge Company - - 39 
Greene County Mutual Fire Insurance Company - - l^Q 
Greenville, relief of town of ----- 158 
Griggsville, Quincy, Jacksonville and Springfield Turnpike Com- 
pany 148, 198 

Grimke Literary Association, Mount Carmel - - . 148 



IV 



INDEX. 
H. 



Hamilton Seminaiy 

Hanover Academy 

High School, Geneseo Manual Labor 

Hospital, La Salle Charity 

Hotel, Commerce Company 

New Greenfield Company 
House Company, Quincy 



PAQE. 

139 
42 
163 
115 
152 
180 
209 



I. 



Illinois Insurance Company - - - - 

Mutual Fire Insurance Company 

Indiana and Wabash Railroad Company 

Institute, Fairfield - . - - - 

Jefferson . . _ . . 

Insurance Company, Alton Marine and Fire - 

Charleston Marine and Fire 

Chester . . _ 

Fulton County Mutual Fire 

Greene County Mutual Fire 

Illinois .... 

Illinois Mutual Fire 

Jo Daviess Marine and Fire 

Kaskaskia ... 

Rock Island Mutual Fire 

Tazewell County Commercial and Fire 

Warsaw Marine and Fire 

Invincible Dragoons ----- 



221 
108 
208 
124 

86 

95 
117 

81 
134 
162 
221 
108 

92 
193 
149 

21 
141 

45 



J. 



Jacksonville, Quincy, Griggsville and Springfield Turnpike 

Company *- - r - - - -148,193 

Jefferson Institute ---,.. 86 

Jo Daviess Marine and Fire Insurance Company - - 92 

Mining and Smelting Company - - - 187 

K. 



Kane College - 
Kaskaskia Bridge Company 

Insurance Company 
Kankakee, town of - 
Kishwaukee Seminary 



96 

38 

193 

125 

240 



INDEX. V 
L. 

PAGE. 

Labor High School, Geneseo Manual - - - - 163 

La Salle Charity Hospital - - - - - 115 

La Salle Prairie Company ----- 65 

Lebanon Female Academy ----- 247 

Lee Seminary ----.-. 238 

Liberty Steam-mill Company ----- 170 

Library, German Society, of St. Clair - - - 101 

Literary Association, Mount Carmel Grimke - - - 148 

Lyceum, Chicago ------ 125 

M. 

Male and Female Seminary, Warren County - - - 205 

Manufacturing Company, Exeter - - - - 189 

Mount Carmel - - - 215 

Randolph - - - - 237 

Upper Alton - - - 47 

Wapello - - - '- 159 

Manufactures, company for, established . - . 183 

Marine and Fire Insurance Company of Warsaw - - 141 

Manual Labor High School, Geneseo - - - - 163 

Marshall Academv ------ 177 

Female Seminary ----- 214 

McKendree College ------ 4 

Mechanic Association and Galena Beneficial Society - 14 

Menard Academy ------ 15 

Mining and Smelting Company, Jo Daviess - - - 187 

Buncombe - - - 188 

Millersburgh Seminary ----- 240 

Mississippi Ferry Company - - - - - 234 

Grand Tower and Bridge Company - - 39 

and Rock River Canal Company - - - 15 

Mount Carmel Female Seminary - . - - 93 

Grimke Literary Association - - - 148 

Manufacturing Company - - - 215 

Mutual Fire Insurance Company, Fulton County - - 134 

Greene County - - 162 

Rock Island - - 149 

N. 

Navigation, Wabash Company . - . - 131 

New Canton and Piketon Railroad Company - - - 120 

New Greenfield Hotel Company - - - - ^^^ 



New Haven, town of - 



59 



Northern division of American bottom . - - 226 



Ti INDEX. 

O. 



PAOB. 



Oregon Seminary ..---. 240 

P. 

Pekin, town of-- - - - - - 24 

Peoria, town of ----- - 13 

Piketon and New Canton Railroad Company - - - 120 

Prairie Company, La Salle . . - . . 65 

a 

Quincy, Griggsville, Jacksonville, and Springfield Turnpike 

Company - - '- - - 148, 193 

House Company ----- 209 

town of - - - - - - 103 

R. 

Railroad, Caledonia ------ 3 

Des Moines Rapi'is Company - - - 75 

New Canton and Piketon Company - - - 120 

Rushville Company ----- 44 

Wabash and Indiana Company . . . 208 

Warsaw Company - - - - - 98 

Randolph Manufacturing Company - . . . 2ii7 

Relief town of Greenville - - - - - 158 

trustees of Shawneetown - - . - 128 

Rockford Seminary ----.- 239 

Rock River and Mississippi Canal Company - - - 15 

Seminary ------ 239 

Rushville Female Seminary - - - - - 191 

Railroad Company ----- 44 

town of ---,-- 196 

.S. 

Sangamon and Beardstown Canal Company - - - 196 

Savannah Seminary --.-.. 239 

School, Geneseo Manual Labor High - - - - 163 

Seminary, Bloomingville - . . - . 239 

Central, of Illinois ----- 71 

Craig - 240 

Freeport ------ 240 

Golconda - - - - - . 203 

Hamilton ------ 139 

Kishwaukee -.,..- 240 



INDEX. 



vn 



PAOB. 

Seminary, Iiee - - - - • - . 238 

Marshall Female ..... 214 

IV^untCarmel Female - . . . 93 

Millersburgh • . - - - 240 

of learning therein named • - - 238 

Oregon . - - - ► . 240 

Rockford - - - - . . 239 

Rock River - - - - - . 239 

Rushville Female - - - . . 191 

Savannah - - - - - - 239 

Stephenson - - . ... 240 

Warren County Male and Female ... 205 

Shawneetown, powers extended - - - . 129 

relief of 128 

Shelbyville, town of - - - . - * 17 

Smelting and Mining Company, Jo Daviess . - - 187 

Buncombe ... 188 

Societies, Agricultural ------ 126 

Union - . - - - - 88 

German Library, of St. Clair - - - - 101 

Mechanic Association and Galena Beneficial - 14 

Springfield Academy --.--. 145 
Quincy, Griggsville, and Jacksonville Turnpike 

Company .... 148,193 

and Alton Turnpike Road Company - - 162 

Steam-mill Company, EdwardsviUe - - - - 69 

Liberty - - - - - 170 

Union - - - - -183 

T. 



Tazewell County Commercial Fire Insurance Company 
Towns, Belleville, powers extended 

Bloomington incorporated 

Caledonia, act revived and amended 

Charleston - - - 

Chester, powers increased 

Danville incorporated - •■ 

Decatur incorporated - - - 

Dresden, in La Salle county 

East Lockport, plat of vacated 

Fayette, in Greene county 

Galena. (See Public Laws of 1838-9, page 25, 

Greenville, relief of - 

Kankake incorporated 

New Haven incorporated 

Pekin, powers of, extended 

Peoria, powers of, extended 



31 
115 
172 

130 
236 

50 

8 

243 

147 

130 

66 

158 

121 

59 

24 

13 



vin INDEX. 

PAOC. 

Towns, Quincy incorporated - - - - - 103 

Rushville incorporated - - - - 196 

Shawneetewn, powers extended - - - 129 

relief of trustees of - - - 128 

Shelbyville incorporated - - - - 17 

therein nan.ed ------ 147 

Utica, in La Salle county - - • - 147 

Warsaw incorporated - - - - - 55 

Turnpike, Fulton, Road Company - - - . 200 
Quincy, Griggsville, Jacksonville, and Springfield, 

Company - . - . [48, 193 

Springfield and Alton Company - - - 162 

Vandalia and Alton Company ... 165 

u. 

University, Warsaw - - - - - - • 73 

Union Agricultural Society - - - - - 88 

Steam-mill Company ----- 183 

Upper Alton Manufacturing Company - - - 47 

V. 

Vandalia and Alton Turnpike Road Company - - - 165 

w. 

Wabash Navigation Company ----- 131 

and Indiana Railroad Company - - , 208 

Warren County Male and Female Seminary - - - 205 

Wapello Manufacturing Company - - - - 159 

Warsaw Marine and Fire Insurance Company - - 141 

Railroad Company - - - - - 98 

town of - - - - - - 55 

University ------ 73 

Winslow Bridge Company ----- 184 



Stats of Illinois, 

Office of Secretary of State* 
I, Alexander P. Field, Secretary of State of the State of Illinois, do 

hereby certify the foregoing to be true and perfect copies of the Enrolled 

Incorporation Laws deposited in this office. 
In testimony whereof, I have hereunto subscribed my name, at 

Vandalia, 14th March, 1839. 

A. P. FIELD, 

Secretary qf State, 



i 
1 



7/ ^CD5. O^.V. 0^7^