Full text of "Laws of the State of Illinois passed by the ninth general assembly : at their second session, commencing December 7, 1835, and ending January 18, 1836"

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A5P0CTATI0N

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LINCOLN NATIONAL
LIFE FOUNDATION

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ILLINOIS SESSION LAWS
1836

Mejiy of the law "books used ■by-
Abraham Lincoln have "been pre-
served and are now treasiired in
the various collections of
Lincolniana throughout the country.

In a group of law "books used
to illustrate the book, "Lincoln
the Lav/yer," by Frederick Trevor
Hill, is shown a copy of the Session
Laws for 1841, at one time in the
office library of Logan & Lincoln.
This copy is now owned by William H.
Towns end, of Lexington, Kentucky.

H. E. Barker

Undoubtedly he used the issue
of 1836. (L.A.W.)

Digitized by the Internet Arcliive

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LAWS

OF THE

STATE OF ILLINOIS,

PASSED BY THE

NINTH GENERAL ASSEMBLY,

AT THEIR

Secontr ^tmion.

COMMENCING DECEMBER 7, 1835, AND ENDING JANUARY 18, 1836.

PUBLISHED IN PURSUANCE Of LAW.

VANDALIA:
J. Y. SAWYER, PUBLIC PRINTER.

1836.

LAWS

OF THE STATE OF ILLINOIS.

AJV ACT to incorporate the Belleville and Mississippi Rail

Road Company. ^^ ^^^f^ '^^

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That John H. Gay, Company in-
Adaiti L. Mills, Martin Thomas and Nathan Farnsworth, ^orporated,
and their successors and assigns, shall be, and are hereby-
constituted a body corporate, by the name and style of
"The Bellville and Mississippi Rail Road Company," and
shall continue for the term of fox-ty years from and after the
passage of this act; Provided., That the State of Illinois, or .^'^^^"^ °C '^^
the county of St. Clair, shall have the privilege at the g^. '""^"'P"^* ' "•
piration of the period aforesaid, of purchasing the railway,
and other property authorised by this act to be held by the
said company, at the cost thereof, and six per centum per
annum interest thereon.

Sec. 2. The corporation shall have the right and power
to construct, a.nd during its existence, to maintain and con-
tinue a single or double rail road or viay, or a single or dou- Nature and
ble track way, vrith such appendajjes and appurtenances as powers of th«

1 •' ' r .\ • , /• : 1 c incorporation.

may be necessary lor the convenient use oi the same, irom
the east side of the public square, in the town of Bellville,
in St. Clair countj^, to the bank of the Mississippi river, at
or near the tow^n of Illinois, in the county of St. Clair, with
the privilege of extending it along the foot of the hills or
bluffs, on the eastern edge of the American Bottom, to the
distance of ten miles on each side of the point or place
where the road from the river aforesaid, shall reach the
bluffs — to transport, take and carry, persons and property
on the same, by the power and force of steam, of animals or
any mechanical or other power, or by a combination of them,
as said company shall choose to employ; and by their name
aforesaid, they are vested with the right and privilege of
erectino:, building, or making a single or double rail road, or

single or doub'-i track way, for the purpose of using the
same in the rr^nner hereinafter provided.

Sec. 3. Fthe said corporation, hereby created, shall not,
within twryears after the passage of this act, commence the
construc-'iOD of said road, or way, and expend at least the
sum of ten thousand dollars thereon, and shall not within
five 'ears of the passage of this act, construct, finish, and
pu^ in operation, the said single or double rail road or way,
CL track way, from the river aforesaid to Bellville, then the
said corporation shall forever cease, and this act shall be
null and void.

Src. 4. The capital stock of said compemy shall be two

Capital -ock, jjujjjjj.gfj thousand dollars, with liberty to increase the same
to three hundred thousand dollars, to be held in the first
instance as follows: John H. Gay and Adam L. Mills,
three-twentieths, and Martin Thomas and Nathan Farns-
worth, twelve-twentieths, and such bona fide citizens of St.
Clair, as shall, on or before the tenth day of February,
1836, subscribe for the remaining five-twentieths of the cap-
ital aforesaid; Provided^ That should the entire fourth part
of the said stock remain unsubscribed for, it shall be allotted
to the said Martin Thomas and Nathan Farnsworth. Books
for the subscription of the citizens of the county of St. Clair,
shall be opened at the town of Bellville, in said county, on
the first Monday of February, 1836, and remain open for
the period of ten days, the shares to be the sum of one hun-
dred dollars each.

Sec. 5. The corporation is hereby empowered to pur-
chase, receive and hold such real estate as may be necessa-

Poweis of the ^^^ Convenient for accomplishing; the objects for which
this act of incorporation is granted; and may by their agents,
surveyors and engineers, enter upon, and take possession of,
and use all such lands and real estate and materials as may
be indispensible for the construction and maintenance of
their rail road or track way, and the accommodations and
appurtenances required and appertaining thereto; and may
also receive, hold and take, all such voluntary grants and do-
nations of land and real estate, and materials, for the pur-
pose of said road, as shall be made to the said corporation
by the general or state government, or by any corporation,
company, individual or individuals, to aid in the construc-
tion, maintenance and accommodation of said rail road or
track way, completely vesting in said company and corpo-
ration, absolutely in fee simple, the same. But all lands
and real estate thus entered upon, for materials or otherwise,
which are not donations or owned by the company, shall
be purchased by the said corporation of the owner or own-
ers thereof, at a price to be agreed on mutually by the com-

pany and the owner or owners. In case of disagreement
as to price, and before the taking any materials, or making
any part of said road on said land in controversy, it shall be
lawful for the commissioner, superintendent, or other au-
thorised person or persons of said company, to apply to
some justice of the county of St. Clair, who shall cause five
freeholders to be summoned, who, after being sworn faithful-
ly and impartially to examine the materials or ground, to be
pointed out to them by the commissioner, superintendent,
or other authorised person or persons, and reasonable notice
having been given to the owner of the property, said free-
holders shall assess the damages which they believe such
owner or owners will sustain, over and above the additional
value which such land will derive from the construction of
such road, and make reports, signed by at least a majority of
them, one of which they shall deliver to the commissioner,
superintendent or other authorised person or persons re-
quiring said view and assessment, and the other to the justice
of the peace; and the amount of damages and cost being
paid to the owner or owners, which shall have been assess-
ed, or deposited with the justice of the peace, the road may
be constructed, located, and materials taken. If either par-
ty shall be dissatisfied with the valuation, where lands are
in question, an appeal may be taken within twenty days, to
the circuit court of St. Clair county, by petition, setting
forth the facts of the case, describing the land and premises,
and the necessity of such land for making said rail road or
track way, and the attempt and failure to purchase the same,
with the name and residence of the owner of the same, and
the reasons why the purchase cannot be made; and the
circuit court aforesaid, acting and sitting as a court of chan-
cery, shall direct such notice to the owmer and parties as
shall be deemed reasonable, of the time of hearing the par-
ties; {Provided^ that in case the appellee shall have had sev-
en days previous notice of the taking of the appeal, no fur-
the notice shall be necessary, but said court shall proceed
to hear and determine said case as speedily as practicable;)
and upon proof of the service of notice of the appeal, and
upon hearing the testimony of the parties, which may be
taken orally or by deposition, it shall make such order and
decree in the premises, as to it may seem proper and equita-
able, and may either increase or diminish the amount of
damages assessed, or reject said petition altogether; and
shall also make such order for the payment of costs as may
be just and proper. It shall also order a conveyance of
the land in controv^ersy, to be made when the decree shall
be complied with, on the part of the corporation. When-
ever said order and decree shall be fully complied with on

the p:iit and behalf of said corporation, it shall be possessed
of the land in controversy, and may enter upon and take
possession of, and use the same for the purpose of said road.
Where a difficulty shall arise as to the value of materials
which may be needed' to construct said work, or the amount
of damages done to land by the agents of the company
passing through said land in collecting materials aforesaid,
there shall be no appeal to the circuit court: but in case the
parties or either of them, shall be dissatisfied, and it shall
appear to the justice that it is right, and necessary to just-
ice, he may set aside the first valuation, [Provided the same
shall be done within t^ree days after the said valuation,)
and appoint five other commissioners to appraise and value
to materials or damages last aforesaid, whose award in the
premises shall be final, and who shall apportion the costs as
may appear just, on one or both of the parties. In case
any married woman, infant, idiot, or insane person, or non-
resident of the state, who shall not appear after such notice,
shall be interested in any such land or real estate, the cir-
cuit court, or justice of the peace, shall appoint some com-
petent and suitable person, to appear before said commis-
sioners or said circuit court, and act for and in behalf of
such married woman, infant, insane person, idiot, or non-
resident of the state.

Sec. 6. The said corporation is hereby authorised and
^°"' empowered to regulate the time and manner in which goods,
passengers and property shall be transported, taken and
carried on said rail road or track way, and shall have power
to Greet and maintain toll houses, and other building neces-
sary for the accommodation of their concerns, and from time
to time, fix, regulate, demand and receive the tolls and
charges by them to be received, for transportation of per-
sons or property, on said single or double rail road or way,
or said single or double track way.

Sec. 7. If any person or persons, shall wilfully do or
cause to be done, any act or acts whatsoever, whereby any
FeiiiiUy foi- ob- building, construction, or work of the said corporation, or
stiuc.jiig. ^^^ engine, machine or structure, or any matter or thing
pertaining to the same, shall be stopped, obstructed, impair-
ed, weakened, injured, or destroyed, the person or persons
so offending, shall forfeit and pay to the said corporation,
treble the amount of damages sustained by means of such
offence or injury, to be recovered in the name of said corpo-
ration, with costs of suit, by action of debt, and shall like-
wise be subject to be indicted for injuries and offences against
the property of said corporation, as for injuries or ofiences
done to the property of individuals.

Skc. ^ Whenever it shall be necessary for the construc-

Furthe
ers.

tioii of the rail road or track way, to intersect or cross any
stream of water or water courses, or any road or high way, R^ad to imoi'-
between the places mentioned in the second section of this ^^^^^J^^. "^^^^"^"^J
act, it shall be lawful for the corporation to construct said highway.
rail road or track way, across or upon the same; but the cor-
poration shall restore the stream or water course, road or
highway, thus intersected, to its former state, or in a suffi-
cient manner not to impair its usefulness.

Sec. 9. The corporation created by this act, under the Name anti
name and style of "The Bellville and Mississippi Rail Road ^;>;!^,^2!.amr'
Company," shall have the right to sue in any court of law powers.
or equity in the state, having jurisdiction of the case, and
prosecute the same to judgment and recovery, and to defend
when being sued, plead and be impleaded, both at law and
in chancery, and shall be entitled to all the privileges and
rights which such a corporation by statues or common law
governing the case, ought and should of right have, and may
have a common seal, alter and change the same at their
pleasure. The whole stock of the corporation aforesaid
shall be deemed personal property, and together with all
tools, implements, machinery, and apparatus of every de-
scription, used, employed, or in hand and belonging to said
company, and shall be liable to be seized, executed and sold,
after judgment or decree, to make good any contract, agree-
ment or stipulation, made by any agent, superintendent, or
authorised person or persons, in the employ of said compa-
ny: and it shall be a sufficient service of process or notice
in all cases, to leave a copy of the same with the president
of the board of directors, or the secretary of the company,
or, in case of absence from the county of St. Clair, to leave
a copy of the same at the office thereof.

Sec. 10. The company aforesaid shall have power to Further pow
make all the regulations and bje-laws requisite for the trans- powers.
action of all business appertaining to their affairs, Provided
such bye-laws and regulations are not in contravention of
the provisions of this act, nor of the laws or constitution of
the United States, nor of the state of Illinois. The corpo-
ration aforesaid, shall have power to negociate for a loan or
loans, in aid of the purposes provided for in this act, to
pledge their capital stock or other property for the security
thereof. Provided that said loans db not exceed the amount
of said capital stock.

Sec. 11. The rail road, as aforesaid, shall be commen-
ced at the town of Bellville, and may also be commenced at
the Mississippi river, and made towards the centre of the
route. A. violation of any of the provisions of this charter,
shall forfeit the same, to be determined in due course of law.
The books provided to be opened by the fourth section of

this act, shall be under charge of Wm. Kinney, James Mitch-
ro,n,ni.H oners j, j [^ Grecn, Charles Sargent, and Thomas Kimber, of

to open booKb, '.r ' in -n •• cc ^

and receive St. Clan' countj, WHO shall receive all subscriptions oriered
subscriptions, by f^Qnc^ jid^ male citizens of the county of St. Clair, of
lawful age; Provided^ that should a greater number than five
hundred shares be subscribed, as aforesaid, the said commis-
sioners shall reduce the number, to be allotted to each sub-
scriber, so that not less than one share shall be appointed to
each; Provided^ a/^o,' that if a greater number of shares is sub-
scribed for by a less number of persons than five hundred,
then the said commissioners shall reduce the shares pro raia.

Approved, Dec. 28, 1835.

In force Feb,' j^jV' ACT to incorporate the Pekin, Bloomington and Wabash
^^'^ ^^^^- Rail Road Company.

Sec. 1. Be it enacted by the People of the State ef Illinois,
represented in the General Assembly, That William Brown,

Incorporation. j^|^^ ^^ Casey, Benjamin Kellogg, Philip Flagler, Samuel
P. Bailey, Robert Stuart, James Allen, J. W. Fell, Samuel
McRoberts, M. L. Covell and William Fithian, their asso-
ciates, successors and assigns, be, and they are hereby cre-
ated a body politic and corporate, under the name of the
Pekin, Bloomington and Wabash Rail Road Company, and
by that name shall be, and hereby are made capable in law

Sue and be su- to sue and be sued to final judgment and execution, plead

ed, &.C. j^j^j jljg impleaded, defend and be defended, in any court of

record, or in any other place whatever; to make, have and

Common Seal, use a common seal, and the same to break, renew or alter
at pleasure; and shall be, and hereby are vested with all the

Powers of said powers, privileges and immunities which are or may be ne-
oipoiaion. (^gggg^py j-Q carry into effect the purposes and objects of this
act, as hereafter set forth; and the said company are hereby
authorized and empowered to locate, construct and finally
complete a rail road leading from Tremont, in Tazewell
county ,'and passing through Bloomington, in M'Lean county,

Extension of ^yi^h the privilege of extending said road eastwardly to the

^°^^- state line, or at any point in a direction to unite with the

Eric and Wabash canal at its termination on the Wabash
river, in such manner and form as they shall deem to be
most expedient; and for this purpose the company are au-
thorized to lay out their road not exceeding six rods wide
through the whole length, and for the purpose of cutting
embankments and procuring stone and gravel, may take as

much more land as may be necessary for the proper con-
struction and security of said road: Provided^ however, that
all damages that may be occasioned to an^^ person or corpo-
ration by the taking of such land or materials for the pur-
poses aforesaid, shall be paid for by said corporation in the
manner hereinafter provided: Provided, iYi^i in case the Pe- Proviso,
kin and Tremont Rail Road Company, incorporated at the
present session of the General Assembly, shall not com-
mence the rail road therein authorized to be made within
one year from the passage of this act, and vigorously prose-
cute the same to its final completion, according to the provi-
sions of their charter, the corporation hereby created shall
have the right to continue and extend the rail road herein
provided for, from the said town of Tremont to the town of
Pekin on the Illinois river, under the same regulation as
herein provided for other parts of the said road.

Sec. 2. The capital stock of said company shall consist Capital Stock.
of five thousand shares, not exceeding one hundred dollars
each; and the immediate government and direction of the
affairs of the said company shall be vested in a board of not
less than five directors, who shall be chosen by the mem- Po^"^"^^**®*^
bers of the corporation in the manner hereinafter provided,
and shall hold their offices until others are duly quahfied to
take their places as directors: a majority of wlipm shall
form a quorum for the transaction of business; shall elect
one of their own number to 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, ^^^^^ required
who shall give bonds to the corporation, and sureties to the
satisfaction of the directors, in a sum not less than twenty
thousand dollars, for the faithful discharge of his trust.

Sec. 3. The president and directors are hereby authori-
zed and empovv'-ered, by themselves or their agents, to J;;"c^^,'gfand""
exercise all the powers herein granted to the company completing said
for the purposes of locating, constructing and completirg road,
said rail road, and for the transportation of persons, gcods Tiansportaticu
and merchandize, and all such other powers and authority
for the management of the affairs of the company ^iot here-
tofore granted, necessary and proper to carry into effect
the object of this grant; to purchase and hrtd land, mate- Privileges
rials, engines, cars, and other necessary things, in the name
of the corporation, for the use of said road and for the
transportation of persons, goods and merchandize; to make
such equal assessments, from time time, on all the shares of
the said company as they may deem expedient and neces-
sary in the execution and progress of the work, and direct ^^^^ ^^ ^^^^^_
the same to be paid to the treasurer of the company; andurer.
the treasurer shall give notice of all such assessments; and

in case any subscriber shall neglect to pay his assessment
for the space of thirty days after due notice by the trustees
of said company, the directors may order the treasurer to
sell such share or shares at public auction, after giving due
notice thereof, to the highest bidder, and the same shall be
transferred to the purchaser; and such delinquent subscri-
ber shall be held accomitable to the company for the bal-
^ ance if his share or shares shall sell for less than the assess-

ment due thereon, with interest and cost of sale: and shall
be entitled to the overplus, if his share or shares sell for
more than the assessment due, with interest and cost of sale:
Proviso Provided., however^ that no assessment shall be laid upon any
shares of saidcompany of a greater amount than one hun-
dred dollars on a share.
Continuation of ^^c. 4. The Said Company shall have power to make,
powers granted ordain and establish all such laws, rules, regulations and
ordinances as they shall deem expedient and necessary to
accomplish the designs and purposes and to carry into effect
the provision of this act, for the assignment and transfer of
its stock and for the well ordering, regulating and securing
Proviso. of the interests and affairs of the company: Provided., the

same be not repugnant to the constitution and laws of this
state and the United States.
Toll giai.ted Scc. 5. A toll shall be, and is hereby granted and estab-

and estabiig?ned lished for the sole benefit of said company, upon all passen-
gers and property of all descriptions which may be convey-
ed or transported upon said rail road, at such rates per mile
as may be established and agreed upon, from time to time,
Rates by the directors of said company: the transportation of per-

sons and property, the construction of wheels, the form of
cars and carriages, the weight of loads, and all other mat-
ters and things in relation to the use of the said road shall
bp in conformity to such rules, regulations and provisions as
the directors, from time [to time], prescribe and direct; and
Si^id road may be used by any persons who shall comply
wit'p. such rules and regulations.
Powers deiega- Sec. 6. The dircctors of said company, for the time being,
ted to Directors j^^.g hereby authorized to erect toll-houses, establish gates,
appoint toh collectors, and demand toll upon the road where
completed, and upon such parts thereof as shall, from time
to time, be completed.
Responsibility ^'^.c. 7. Thfc said company shall be holdcn to pay all dam-
of Company ages that may arise to any person or persons, corporation
or corporations, by tuking their land for said rail road, when
it cannot be obtained by voluntary agreement, to be esti-
mated and recovered in the manner provided by law for the
Lands of Feme recovery of damages happening by laying out of highways,
comt, Infants, g^i;. Q. That whcn thc lands or other property or estate

of any feme covert, infant, or persons non compos mentis, °i' persons non
shall be necessary for the construction of said rail road, the '^°'"P°^ mentis
husband of such feme covert, and the guardian of such
infant or person non compos mentis, may release all dama-
ges for any lands or estate taken or appropriated as afore-
said, as they might do if the same were holden by them in
their own right respectively.

Sec 9. That if any person shall wilfully, maliciously or Persons wiifui-
wantonly, and contrary to law, obstruct the Passage of any }^ ^^^j"!^'*^!^"^'
carriage on said rail road, or in any way spoil, injure or de- said road,
stroy said rail road or any part thereof, or any thing belong-
ing thereto, or any material or implements to be employed
in the construction or for the use of said rail road, he, she
or they, or any person or" persons assisting, aiding or abet-
ting in such trespass, shall forfeit and pay to said company Liabilities
for every such oflencc treble such damages as shall be pro-
ved before the justice, court, or jury, before whom the trial
shall be held; to be sued for and recovered before any jus-
tice, or any court proper to try the same, by the treasurer
of the company or other officer w^hom they may direct, to
the use of said company; and such offender or offenders
shall be liable to indictment by the grand inquest for the
county within which such trespass shall have been commit-
ted, for any offence or offences contrary to the above pro-
visions; and on conviction thereof before any court compe-
tent to try the same, shall pay a fine not exceeding one Fine.
hundred dollars, nor less than thirty dollars to the state; or
may be imprisoned for a term not exceeding one year, at
the discretion of the court before whom the conviction may
be had. ,

Sec. lO. The annual meeting of the members of said Meeting,
corporation shall be holden on the first Monday of June, at
such time and place as the directors, for the time beinff,may '"^f^","!!'.'"

- o" */ which Directors

apponit; at which meeting the directors shall be chosen by siiaii be chosen .
ballot, each proprietor being entitled to as many votes as he
holds shares: Provided, that no vote shall be given by any Proviso
proprietor by reason of any share held by him exceeding
one tenth part of the whole number of shares; and the per-
son first named in this act, or any two of the persons named
therein, are hereby aut=horized to call the first meeting of
said corporation, by giving notice in the Illinois Advocate
and Sangamon Journal of the time and place and purr-'se
of such meeting, at least fifteen days before the time men-
tioned in such notice. Rail road when

Sec. 11. If said rail road in the course there^x shall cross passing over
any river, canal, turnpike or highway, the '^^d corporation '"shway, &c.
shall so construct said rail road as not tr obstruct the safe
and convenient use of such river, canal, turnpike or high-
way.

Duties imposed Sec. 1 2. That if Said company shall not have been or-
on said compa- ganized, and the location of the route filed with the county
"^' commissioners of the county or counties in which the land

proposed to be taken for the use of said rail road is situate,
previous to the first of September, in the year of our Lord
eighteen hundred and foi-ty, and if the said corporation si all
fail to complete the said rail road on or before the first day
of January, eighteen hundred and fifty, in either of the
abovenamed cases, this act shall be null and void.
Bridges, abut- Sec. l3. The rail road company shall constantly main-
ments, &c. tain in good repair all bridges, with their abutments and
embankments, which they may construct for the purpose of
conducting their rail road over any canal, river, turnpike or
other highway.
Powers resting Sec. 14. That it shall be in the power of the state at any
with the Stale i[xne during the continuance of this charter, after the expi-
ration of thirty years from the opening for use of the rail
road through, provided it be made, to purchase of the said
company the said rail road and all the franchises, rights and
privileges of the said company, by paying them therefor the
amount expended in making said rail road, with ten per cent.
per annum interest thereon; and after such purchase the
limitation provided in the fifth section of this act shall cease
and be of no effect: audit shall be the duty of said compan}^,
paiay. ° °""' ^om year to year, to make report to the legislature of their
acts and doings, receipts and expenditures, under the provi-
sions of this act.

Approved, Jan. 16, 1836.

In force 16th jj\f JIQT for the Incorporation of the Mississippi, Springfield
'^"'' ■ and Carrollton Rail Road Company.

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

. represented in the General Assembly, That Paris Mason, Al-
cwporatfrd*" fred Caverly, John Wyatt, William Craig, and such other
persons as may associate with them, for the purpose of con-
structing a rail road from the town of Grafton, in the county
of Greene, by the way of Carrollton, thence on a direct
route <-o Point Pleasant, in the county of .Vlorgan, at or near
the heaftof Apple creek, thence to Millville or Hearadith's
mill, on LicV creek, in Sangamon county, thence to Spring-
field, in said county, be, and are hereby constituted a
body corporate, Ly the name of the Mississippi and Spring-
field Rail Road Covnpany, and by that name may sue

and be sued, defend and be defended in law and equity, in 'r^^^^f Powers
all courts whatsoever, and by that name shall be capable of
succession; may have and use a common seal, and make and
establish such by-laws, rules and regulations as shall, from
time to time, appear necessary to the said corporation for
the government of said corporation, and may transport upon
said rail road property or persons, or passengers, by the
force of steam or animal power, or any mechanical power,
or by the combination of the same.

Sec 2. And bs it further enacted^ That Elihu Walcott,
Bezaleel Gillit, Samuel S. Prosser, John Calhoun, William commissioners
Craig, Jacob Fry, Paris Mason, and Alfred W. Caverly, to open books
shall be commisssioners, whose duty it shall be to open for subscription
books for the purpose of receiving subscriptions to the cap- °^ *^°^ '
ital stock of said company, at some proper place in the towns
of Springfield, Carrollton, Grafton, and Jacksonville, at such
times as the said commissioners shall, in their discretion,
deem proper, by their giving ninety days notice in the public Notice
newspapers pi'inted at said Springfield, and in the newspa-
pers printed at said Jacksonville, and in the newspaper
printed at Carrollton aforesaid, and at one or more public
place or places in the aforesaid town of Grafton; and in
case no paper shall be printed at the aforesaid places, then
and in that case the said commissioners shall put up notice
at one or more public place or places in such of the towns
as may not, at the time provided for the giving of such no-
tice, have a newspaper published; and the books aforesaid
shall remain open at each of said places for the space of ten
days; and in case the whole capital stock of said company
shall not be subscribed for at the aforesaid places, the afore-
said commissioners are further authorized to open or cause
to be opened, books for the subscription of the capital stock
not subscribed for, in any place or places in the United
States, and at such times as in their discretion they shall
think proper.

Any four of the above named commissioners shall at any
time be competent to transact any business.

Sec. 3. The capital stock of said company shall first be Capital stock
eight hundred thousand dollars, and the said company shall may be increa-
have power to increase the capital stock, from time to time, *®^"
by new and further subscriptions, as the said commission-
ers, or a majority of them, shall deem proper: which said
capital stock shall be divided into shares of one hundred
dollars each, which shall be deemed personal property and
transferable in such manner as said corporation shall pro-
vide and direct.

Sec 4. And he it farther enacted^ That the said corpora- Corporate por-
tion may, and are hereby authorized to make and cause to era

be made, such examinations and surveys on the aforesaid
rail road route, as said corporation sliall deem necessary
and proper for the purpose of carrying into ctfect the ob-
ject of said corporation; and they arc hereby authorized to
enter upon and take possession of and use all such lands as
may be deemed necessary for the construction and mainte-
nance of said rail road: and may also hold and take all vol-
untary grants and donations of land, to aid in the construc-
tion, maintenance and accommodation of their said rail road;
and all lands entered upon and taken for the use of the said
corporation which are not donated to said corporation,
shall be paid for by the said corporation at such price as may
be mutually agreed upon by said corporation and the ovs'ner
or owners of such land; and in case of disagreement, the
price shall be fixed by three or more commissioners, to be
Governor to ap- j^ppQJi^^gfj ^y the governor of this state; which said commis-
sioneis to ascei- sioners shall be sworn, by any person withm this state au-
taiu damages, thorized by law to administer oaths, faithfully and impar-
tially to appraise such land; which appraisement so made
by said commissioners, shall be binding upon said corpora-
tion, and upon the payment of the same, the said land shall
be vested in said corporation in fee simple.
Authorized to Sec. 5. And the said corporation are also authorized and
borrow money, empowered, to borrow any sum or sums of money which
they, in their discretion, may deem necessary, to aid in the
construction of said road, not exceeding the amount of their
capital stock; and if it shall at any time appear to the di-
rectors of said corporation that any portion of the money
borrowed as aforesaid, or any portion of surplus capital,
shall not be required to be retained for such purpose, the
same may be loaned at such rate of interest as is now by
law allowed to be taken by individuals, or may be reimbur-
sed according, to the discretion of said directors: Provided,
Proviso tj-jg legislature may at any time, if the public good require,

reduce the rate of interest to eight per cent., but shall not
reduce it below that rate for the term of twenty-five years
from the passage of this act.
Ten per cent.,' gj^(._ (5, ^^^^f/ (jf, it farther enacted, That ten per cent of
"o bepSd!'°'''the capital stock shall be paid at the time of subscription,
and so soon as one-half of the capital stock shall have been
subscribed, the aforesaid commissioners shall give notice in
the same manner as is required in the second section of this
act, in relation to the opening of subscription books, at
least twenty days before a meeting of the stockholders, to
choose five directors, and such election shall be made at the
time and place previously notified and appointed by said
commissioners, by such of the stockholders as attend for
that purpose, either in person or by lawful proxy — each

shtire of the capital stock entitling each stockholder to one

vote; and the said commissioners, or a majority of those Flection of di-

present, shall be inspectors of the first election of directors 'cctois.

of the said corporation, and shall certify under their hands,

the naiTics of those duly elected, and shall deliver over the

subscription books to the said directors, which said directors,

or those chosen at any annual election, shall choose one of

their number to preside over their deliberations, and shall

fill all vacancies that may occur in their board; and it shall Vacancies

further be the duty of the said directors of said corporation,

to cause an election of directors to be holden once in every

year, in such manner as may be provided in the bye-laws of

said corporation.

Sec. 7. It shall be lawful for the directors to require pay- Payment of
ment of the sums subscribed to the capittd stock, at such 'tock
times and in sucii proportions, Provided it be not less than
ten dollars per share, as they shall deem fit, under the pen-
alty of the forfeiture of all previous payments thereon, in
the case of failure, so as to pay as above directed; and the
directors shall give notice of the payments thus required,
and of the place and time where and when the same is to
be paid, at least sixty days previous to the payment of the
same, in some public newspaper of this state, and in each
of the several cities wdiere the books of the company may
have been opened for subscription to the capital stock.

Sec. 8. If an election of directors shall not at any time Election
take place as is required by this act, the said corporcition
shall not, for this cause, be deemed dissolved.

Sec. 9. That the s dd corporation may be, and are hereby rowers of coi--
authorised to take such quantity of land of sufficient vridth P°"^"""
for the construction of a rail road, as they may deem neces-
sary and proper, under the conditions prescribed in the pre-
ceding section; and that the said corporation shall have
power to regulate the time and manner for the transporta-
tion of goods and passengers on the said rail road, as well
as the manner of collecting tolls and dues on account of
transportation and carriage — to erect and maintain toil
houses and all other buildings for the accommodation of
their concerns, and to collect tolls so soon as any part of said
rail road shall be finished.

Sec. 10. The said company are hereby authorised to con- c'ouKaucted a-
struct the said rail road across any water course, road, or cross water-
other public highway, subjecting themselves to any damages ^°"^ses or
that may be incurred by so doing.

Sec. 11. If any person or. persons shall willfully do or Fine forobstm-
cause to be done, any injury to said rail road, or to any car- fating ^ai'i load
riage, car, engine, machine, toll house, or other building, or
any structure whatever, belonging to said corporation, the

person or persons so offending, shall forfeit and pay the said
corporation double the amount of damages sustained by
mcnns of such offunce or injury, with all the costs of action,
before any court of record in this state; and the person or
persons so offending, shall be further declared guilty of a
misdemeanor, and liable to fine and imprisonment.

Approved, Jan. 16, 1836.

In force 16ih AJV ACT to Incorporate the Alton, Wabash, and Erie Rail
•''^"•' ^^^^' Road Company.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the Geiiei-al Assembly, That John Tillson, Jr.

foZS'"' William F. Thornton, Stephen Griggs, Chiistian B. Block-
burger, Thomas B. Trower, William Fithian, Nathaniel
Buckmastcr, and their associates, successors, and assigns
be, and they are hereby created, a body corporate and pol-

Name & style '*^^' "^^^^ ^he name of the "Alton, Wabash and Erie Rail
Road Company," and by that name, shall be and are hereby
made capable in law, to sue and be sued to final judgment
and execution, plead and be impleaded, defend and be de-
fended in any Courts of Record, or in any otherplace what-
soever; to make, have and use a common seal, and the same
to break, renew or alter at pleasure, and shall be and arc
hereby vested with all the privileges, powers and immuni-
ties, which are or may be necessary to carry into effect the
purposes and object of this Act, as hereafter set forth — and
the said company are hereby authorised and empowered to

Commrncment locatc, coustruct and finally complete a Rail Road leading
from Alton on the Mississippi river in this State, commenc-
ing at or near the termination of the Springfield and Alton
Rail Road, and either running through Hillsboro' or within
one half mile, through S^ielbyville and through Danville, or
within one half mile of it, to the line of the State terminat-
ing at the Wabash and Erie Canal, on the Wabash river in

Tevniiiiation Indiana, in such manner and form as they shall deem to be
most expedient, and for this purpose, the said Company are
au thorised, to lay out their said Road, not excceeding six
rods wide, through the whole length, and for the purpose of
cutting embankments and procuring stone, and gravel, may
take as much more land, as may be necessary, for the prop-

Pio'.jso ^^ construction, and security of said Road; Provided, how-

ever, that all damages that may be occasioned to any person
or corporation, by the taking of such land or materials for

the purposes aforesaid, shall be paid for by said Corporation
in the manner hereafter provided.

Sec. 2. The capital stock of said Company, shall consist Capital Stock
of twenty thousand shares, of one hundred dollars each, ^"mber of
and the immediate government and direction of the affairs ^ ^"^'
of the said Company shall be vested in a board of not less Djiectors
than five Directors, vrho shall be chosen by the members of How chosen
the Corporation, in the manner hereinafter provided,'and shall
hold their offices until others be duly qualified to take their
places, as Directors, a majority of whom, shall form a quo-
rum for the transaction of business, shall elect one of their
ovi^n number to be President of the board, who shall also be
President of the Company, and shall have authority to choose
a clerk, who shall be sw^orn to the faithful discharge of his
duty, and a Treasurer, who shall give bonds to the Corpo-
ration, with sureties, to the satisfaction of the Directors in « ,•

1 1 I 11 11 r ^ r- n ^ oui'eties fequi-

a sum not less than twenty thousand dollars, for the faithful red
discharge of his trust.

Sec. 3. The President and Directors, for the time being. Powers defined
are hereby authorised, and empowered, by themselves, or ^°p delegated
their agents, to exercise all the powers herein granted to the oireclms!'^
Company, for the purpose of locating, constructing and
completing said Rail Road, and for the transportation of per-
sons, goods, and merchandize, and all such other powers and
authority, for the management of the affairs of the Compa-
ny, not heretofore granted, as may be necessary and proper,
and to carry into effect the object of this grant, to purchase
and hold land, materials, engines, cars and other necessary
things in the name of the Corporation, for the use of said
Road, and for the transportation of persons, goods, and
merchandize, to make such equal assessments from time to
time, on all the shares of said Company as they may deem
Expedient and necessary in the execution and progress 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, and in case any subscriber shall neglecttopay
his assessments, for the space of thirty days after due notice
by the Treasurer of said Company, the Directors may
order the Treasurer, to sell such share or shares at public '
auction after giving due notice thereof, to the highest bidder,
and the same shall be transferred to the purchaser, and such
delinquent subscriber, shall be held accountable to the Com-
pany for the balance if his share or shares sell for less than
the assessment due thereon, with interest and costs of sale,
and shall be entitled to the overplus if his share or shares,
shall sell for more, than the assessment due with interest
and costs of sale; Provided^ however, that no assessment Proviso

shall be laid upon any shares in said Company, of a greater
amount than one hundred dollars on a share.
Rules Recnia- ^^*^* ^* '^^^ ^"^^^ Company shall have power to make,
tions, &c. ordain and- establish, all such laws, rules, regulations and or-
dinances, as they shall deem. expedient and necessary to ac-
complish the designs and purposes, and to carry into effect
the provisions of this Act, for the assignment and transfer of
its stock, and for the well ordering, regulating and securing
Proviso of the interest and affairs of the Company: Provided, the

same be not repugnant, to the Constitution and laws of this
State, and the United States.
ToUsestabiish- Sec. 5. A toll shall be and is hereby granted and established
^^ for the sole benefit of said Company, upon all passengers

and property of all descriptions, which may be conveyed or
transported upon said Road, at such rates per mile as may
be agreed upon and established from time to time by the
Directors of said Company. The transportation of persons
Transportation ^^^ property, the Construction of wheels the form of cars,

of persons and j • "^ i • i r i t i h i 7

property. Slid Carnages, the weight oi loads, and all other matters and
things, in relation to the use of said Road, shall be in con-
formity to such rules, regulations and provisions, as the Di-
rectors from time to time prescribe and direct, and said road
may be used by any persons who shall comply with such
rules and regulations: Provided, however, that if at the ex-
piration of ten years, from and after the completion of said
lload, the nett income or receipts for tolls and other profits,
taking the ten years aforesaid, as the basis of calculation
shall have amounted to more than ten per cent, per annum,
upon the cost of the Road; the Legislature may take meas-
ures to alter and reduce the rates of toll and other profits
in such manner as to take off the overplus for the next ten
years, calculating the amount of transportation, upon the
road to be the same as the ten preceding years, and at the
expiration of every ten years thereafter the same proceed-
ings may be had: Provided further, that the Legislature shall
not at any time so reduce the toll and other profits as to
produce less than ten per cent, upon the cost of the said
Rail Road, without the consent of said Corporation.
Erect toll hou- ^^^* ^* ^^^^ Directors of said Company for the time
ses, appoint toll being, are hereby authorized to erect toll houses, establish
gatherers. gatcs, appoint toll gatherics, and demand toll upon the Road,
when completed and upon such parts thereof, as shall from
time to time be completed.

Sec. 7. The said Company shall be holdcn to pay all
Responsibjii- damages, that may arise to any person or persons, corpora-
tion or corporations, by taking their land for said Rail Road,
when it cannot be obtained, by voluntary agreement to be
estimated and recovered in the manner provided by law, for

Fro vis

ties

the recovery of damages, happening by the laying out of

highways. ^, , , , , ^ Of lands, &c-

Sec. 8. 1 hat when the lands or other property or estate belonging to in-
of any feme covert, infant, or person non compos weriiis, sane, non com-
shall be necessary for the construction of said Rail Road, P°^ n^«ntis,
the husband of such feme covert, and the guardian of such
infant or person non compos mentis, may release all damages,
for any lands or estate taken or appropriated as aforesaid,
as they might do, if the same were holden by them in their
own right respectively.

Sec. 9. That if any person, shall wilfully, maliciously, obstmctings'd
or wantonly and contrary to law, obstruct the passage of load
any carriage on said Rail Road or in any way, spoil, injure
or destroy said Rail Road, or any part thereof, or any thing
belonging thereto, or any material or implements to be
employed in the construction, or for the use of said Road,
he, she or they, or any person or persons assisting, aiding
or abetting in such trespass, shall forfeit and pay to said
Company, for every such offence, treble such damages, as Y\ne
shall be proved before the Justice, Court or Jury, before
whom the trial shall be had,' to be sued for and recovered
before any Justice or any Court proper to try the same,
bythe Treasurer of the Company, or other officer . whom
they may direct, to the use of said Company, and such
offender or otl'enders, shall be liable to indictment, by the
grand inquest for the county, within which such trespass
shall have been committed, for any offence or offences, con-
trary to the above provisions, and on conviction thereof, be-
fore any court competent lo try the same shall pay a Imc
not exceeding one hundi'ed dollars, nor less than thirty dol-
lars to the State, or may be imprisoned for a term not ex-
ceeding one year, at the discretion of the Court, before v.hom
the conviction may be had.

Sec 10. The annual meeting of the members of said Meetings
Company shall be held on the first Monday of May, at such
time and place as the Directors for the time* being, shall
appoint, at which meeting the Directors shall be chosen by Directors how
ballot, each proprietor being entitled to as many votes as ""^^^^'^
he holds shares: Provided, that no vote shall be given by any Proviso
pi-oprietor, by reason of any share held by him, exceeding
one tenth part of the whole number of shares — and the
person first named in this Act, or any two of the persons
named therein, are hereby authorised to call the first meet-
ing of said corporation, by giving notice in the Alton Spec-
tator and the of of the time and place and

purpose of such meeting at least fifteen days before the time
mentioned in such notice. Rivers &. high-

Sec. 11. If said Rail Road in the course thereof, shall ways.

cross any river, canal, turnpike, or highway or other private
w^ay, the said Corporation shall so conatruct said Rail Road,
as not to obstruct the safe and convenient use of such river,
canal, turnpike, or other highway, or private w^ay.
Duties of Com- ^^c. l2. That if said Company shall not have been or-
missiouers. ganized, and the location of the route tiled with the County
Commissioners of the county in which the land proposed
to be taken, for the use of said Rail Road is situate, previ-
ous to the first of August in the year of our Lord, 1838,
and if the said Corporation shall fail to complete the said
Rail Road on or before the first day of January 1846 in
either of the above named cases, this Act shall be null and
void.

Sec. 13. The said Rail Road Company, shall constantly
maintain, in good repair, all bridges, with their abutments,
and embankments, which they may construct, for the pur-
pose of conducting their Rail Road, over any canal, river,
turnpike or other highway, or any private way.

Sec. 14. That it shall be in the power of the State, at
Powers attach- any time, during the continuance of this charter, after the
after twenty ^ expiration of twcuty five years, from the opening for use
year* of the Rail Road herein provided to be made to purchase of

the said Company, the said Rail Road, and all the franchise
rights and privileges of the said Company by paying them
therefor, the amount expended in making said Rail Road,
and in case at the time of such purchase the said Company
shall not have received a nett income, equal to ten per cent
per annum, on the said expenditures, from the time of
payment thereof by the stockholders; by paying the Com-
pany such additional sum, as together with the tolls and profits,
which they shall have received, from the said Rail Road,
will be equal to a nett profit, of ten per cent per annum, on
the cost of said Road from the date of the payment thereof
by the stockholders of the said Company, to the time of such
purchase: and after such purchase, the limitation, provided
in the fifth section of this Act, shall cease and be of no ef-
fect; and it shall be the duty of said Company from year
to year, to make report to the Legislature, of their acts,
and doings, receipts and expenditures, under the provisions
of this Act.
Powers created ^^c. 1 5. The Corporation is hereby impowered to pur-
and ceded to chase, reccivc and hold, such real estate as may be necessa-
tk)'n '^°'^°^^" ry, and convenient, for the accomplishing the objects, for
which this Act of incorporation is granted, and no more.

Approved, Jan. IG, 1836.

AK ACT to incorporate the Central Branch JVabush Rail

Road Company. In I'oice, Jan.

IG, 183G.

Sfx. 1. Be it enacted by the people of the state of Illinois^
represented in the General Assembly^ That Sidney Breese, corporated.
William F. Thornton, John Tilson, Charles S. Morton,
Simeon Pool, John Todd, John Tacket, Thomas Lewis,
Harrison Norfolk, Thomas Smith, Henry G. Smith, James
Hite, William B. Archer, Uri Manly, James Water, Thom-
as B. Trower, John F. Richardson and Nineveh Shaw,
their associates, successors and assigns, arc hereby erected a
body corporate and politic, under the name and style of the ^^ , ,

"Centi-al Branch Wabash Rail Road Company," and by ^f incoipora-
that name may be, and hereby are made capable in law and lion.
equity, to sue and be sued, to final judgment and execution;
to plead and be impleaded, defend and be defended, in any
court or courts of record, or in any other place whatever; to
make, have and use a common seal, and the same to break,
renew and alter at pleasure; to contract and be contracted
with; and shall be, and hereby are, vested with all the pow-
ers, 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 arc hereby au-
thorised and empowered, to locate, construct, and finally
complete, a Rail Road., commencing at or near Darwin, on
the Wabash river, from thence in a line to Shelbyville, by .
way of Charleston, in Coles county, to intersect with any ^vithothenoads
other rail road in such manner and form as the said Central
Branch Rail Road Company shall deem most expedient; and
for this purpose said company are authorised to lay out
their said rail road at least six rods wide, through the whole
length; and for the purpose of cutting embankments, stone
and gravel, may take as much more land as may be neces-
rary for the proper construction and security of said rail road;
Provided^ that all damages that may be occasioned to any
person or corporation by the taking of such land or materi- '°^*^°-
als for the purposes aforesaid, shall be paid for by said com-
pany, in the manner hereinafter provided.

Sec. 2. The capital stock of said company shall consist
of five hundred shares, of one hundred dollars each; and the ^'"*'^' ^^°^
immediate government and direction of the affairs of said
company shall be vested in not less than five directors, who
shall be chosen by the members of the company in the
manner hereinafter provided, who shall hold their offices for ^,o^e,^°^^' ^°^^'
one year, and until others shall be duly elected and qualifi-
ed to take their places as directors; and the said directors,
or a majority of them, shall form a quorum for the transac-
tion of business — shall elect one of their number to be pres-

> >

ident 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 company
with securities, to the satisfaction of the directors.
Powci-s cided Sec. 3. The president and directors, for the time being,
arc hereby authorised and empowered, by themselves or
their agents, to exercise all the powers and authority herein
granted, for the purpose of locating, constructing and com-
pleting said rail road; and all such other powers and au-
thority for the nmnagement of the affairs of said company,
not heretofore granted, as may be necessary to carry into
effect the objects of this grant — to purchase and hold lands,
materials and other necessary things, in the name of the
company, for the use of the road; to make such equal as-
sessments from time to time, on all the shares in said com-
pany, as they may deem expedient and necessary in the pro-
gress and execution of the work, and direct the same to be
paid to the treasurer of the company, and the treasurer shall
Special meet- give notice of all such assessments. The board of direc-
ings how called j-Qj-g shall havc powcr to call special meetings of the stock-
holders of the company, and to adopt rules and bye-laws,
regulating the manner and time of payment of all assessments
they may order, as they may deem expedient.

Sec. 4. Said company shall be holden to pay all damages
Liabjhties. ^j^^^ j^j^y arise to any person or persons, corporation or cor-
porations, by taking their land, stone or gravel, for the use
^ of said rail road, when the same cannot be obtained by vol-
untary agreement — to be estimated and recovered in the
manner provided by law for the recovery of damages hap-
pening by the laying out of highways.

Sec. 5. When the lands or other property or estate of any
reisons noil married woman, infant, or person non compos mentis, shall
compos mentis, jj^ ncccssary for the construction of siad rail road, the hus-
band of such married woman, and the guardian of such in-
fant, or person 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 shall wilfully, maliciously or wan-

Terfons oh- tonly, and contrary to law, obstruct the passage of any car

stiuctingsiiia on said rail road, on any part thereof, or any thing belong-

'"'" ■ ing thereto, he, she, or they, or any person assisting, shall

forfeit and pay to said company, for every such offence,

treble such damages as shall be proven before any court

competent to try the same, to be sued for in the name and

behalf of said company, and such offender or ofTcnders shall

be deemed guilty of a misdemeanor, and liable to indictrnent

in the same manner as other indictments are found, in any

county or counties where such offence shall have been com-
mitted; and upon conviction of such offence, shall be liable
to a fine not exceeding five thousand dollars, for the use of
the county where the indictment may be found, or may be
imprisoned not exceeding one year, at the discretion of the
.court before vv^hom the conviction may be had.

Sec. 7. Said company shall so construct their said rail j^.,.^^.^ ^^^
road across rivers, canals, turpikes, or other public ways, so highhways.
as not to obstruct, hinder, or interfere with the passage, navi-
gation and free use of such public ways; and if said road shall
not be so constructed, it shall be lawful for the persons agrie-
ved to abate the same, in the same manner as is now pro-
vided by law for the removal of obstructions to public ways.

Sec. 8. The time and place of holding the annual meet-
ings of said company, for the election of directors and other pjg^.(jo„ ^f di-
purposes, shall be fixed and determined by the bye-laws of rectors.
said company; and at such meetings each proprietor shall
be entitled to as many votes as he holds shares; and any
two persons named in this act are hereby authorised to call
the first meeting of said company, by giving notice in the Il-
linois A.dvocate, published at Vandalia, or in any other paper
of general circulation in the state, of the time and purpose
of such meeting, at least fifteen days before the time men-
tioned in such notice.

Sec 9. The president and directors shall have power to g^.^.j^^^^^^
make, ordain, and establish such bye-laws, rules and regula-
tions, and ordinances, as they may deem expedient and ne-
cessary to accomplish the purposes, and to carry into effect
the provisions of this act, and for the well ordering, regula-
ting and securing the interest and affairs of said company;
Provided the same are not repugnant to the constitution and
laws of this state, and of the United States.

Sfc. 10. A toll shall be, and is hereby granted and estab-
lished, for the sole benefit of said company, upon all passen- ^''^^^•
gers and property of all descriptio: s, which may be convey-
ed or transported upon said road, at such rates per mile as
may be agreed upon and established from time to time, by
the direction of said corporation. The transportation of
persons and property, the construction of wheels, the form
of cars and carriages, the weight of loads, and all other
matters and things in relation to the use of said road, shall
be in conformity to such rules and regulations, and provis-
ions, as the directors shall from time to time prescribe and
direct; Provided, however, that if the nett income and re-
ceipts for tolls and other profits, from and after the com-
pletion of said road, shall exceed twelve per cent, per an-
num, the legislature may take measures to reduce said rate

of tolls and other profits, so as to take off the overplus. The

Tollhouses, directors of said company, for the time being, are hereby

authorised to erect toll houses, establish gates, appoint toll

gatherers, and demand toll upon the road when completed,

and so much thereof, as shall from time to time be completed.

Sec. 11. The said company shall have the route of the

To be surveyed proposed rail road surveyed within two years from August

m two years, j^^^t, and the road completed within eight years thereafter,

otherwise this act is declared null and void.

Sec. 12. The county commissioners' court of the coun.

ties of Clark, Coles and Shelby, may subscribe for any num-

riark°Coies^& ^^^' ^^ shares of the capital stock of said company, not ex-

t?heiby may cccding twcnty sharcs each, in the same manner and upon

take stock. the Same terms as individuals may do under this act.

Approved, Jan. 16, 183G.

In force Jan. •'^•^'' -^CT to incorporate the Galena and Chicago Union Rail
16- 1836. Road Company.

Sec. 1. Be it enacted by the people of the state of Illinois,
represented in the General Assembly, That all such persons as
Incorporation, shall bccomc Stockholders, agreeably to the provisions of
powersof. j^j^jg act, in the corporation hereby created, shall be, and
for the term of sixty years from and after the passage of this
act, shall continue to be a body corporate and politic, by
the name of the "Galena and Chicago Union Rail Road
Company," and by that name shall have succession for the
term of years above specified; may sue and be sued, com-
plain and defend in any court of law or equity; may make
and use a common seal, and alter the same at pleasure;
may make bye-laws, rules and regulations for the manage-
ment of its property, the regulation of its affairs, and for
the transfer of its stock, not inconsistent with the existing
laws and the constitution of this state, and of the United
States; and may moreover appoint such subordinate agents,
officers and servants as the business of the said corporation
may require, and allow to them a suitable compensation,
prescribe their duties, and require bond for the faithful per-
formance thereof, in such penal sums and with such sure-
tics as they may choose, who shall hold their offices during
the pleasure of a majority of the directors of the said cor-
poration.

Sec 2. The said corporation shall have the right to con-
struct, and during its continuance to maintain and continue

a rail road with a single or double track, and with such ap- Rights of said
pendages as may be deemed necessary for the convenient *^°""P^"^'
use of the same, from the town of Galena, in the county of
Joe Daviess, to such point at the town ot Chicago, as shall
be detei-mined, after a survey shall have been made of the
route, to be the eligible, proper, direct and convenient
therefor. *■

Sec. 3. The capital stock of the said corporation shall be
one hundred thousand dollars, which shall be deemed per- Capital stock,
sonal property, and shall be divided into shares of one hun-
dred dollars each. The capital stock of said corporation
may at any time hereafter be increased to a sum not ex-
ceeding one million of dollars, if the same shall be judged
necessary to the completion of the said work, and the same
shall be subscribed for and taken under the direction of the '

directors of the said corporation, whenever they shall direct
one or more books to be opened for such purposes, and shall
be subscribed and taken in such manner as the directors of
the said corporation, for that purpose, shall order and ap-
point.

Sec. 4. William Bennett, Thomas Drunimond, J» C.

Goodhue, Peter Semple, J. M. Turner, E. D. Taylor and

J. B. Thomas, jr., shall be commissioners for receiving sub- J«'?~»^^^^^

jJ'., i/.-i ■ 11-11 duties or.

scriptions to the capital stock of said corporation, who snail

give notice within twelve months after the passage of this
act, of the time and place where books will be opened at
Galena and Chicago, and such other places as they may
deem necessary,, in some public newspaper printed at the
said places, at least thirty days previous to the opening such
books for the receiving subscriptions to the capital stock of
said corporation. The majority of the commissioners shall
attend at the time and place appointed by such notice for the
opening of said books, and shall continue to receive such
subscriptions to the capital stock of the said corporation,
from all persons who will subscribe thereto, until the whole
amount thereof shall have been subscribed, when the said
books shall be closed. Each subscriber, at the time of sub-
scribing, shall pay to the commissioners one dollar on each
share of the stock subscribed for by him ; and the said com-
missioners shall, as soon as the directors are elected, deliver
to them the whole amount so received.

Sec. 5. The affairs of said corporation shall be managed
by a board of seven directors, to be annually chosen by the^j^jj ^f' "'
stockholders from among themselves, as soon as may be,
after the stock has been subscribed. The commissione^rs
shall give notice of the time and place at which a meeting
of the stockholders will be held for the choice of directors,
and at such time and place appointed for that purpose, the

2(5

commissioners, or a majority of them shall attend and act as
inspectors of said election; and the stockholders present
shall proceed to elect their directors by ballot, and the com-
missioners present shall certify the result of such election
under their hands, which certiticate shall be recorded in the
books of the corporation, and shall be sufficient evidence of
the election of the directors therein named. All future
elections shall be held at the time and in the manner pre-
scribed by the bye-laws and regulations of the said corpora-
tion. Each stockholder shall be allowed as many votes as
he owns shares, at the commencement of each election, and
a plurality of votes shall determine the choice ; but no stock-
holdershall be allowed to vote at any election after the first,
for any stock which shall have been assigned to him within
thirty days previous to the day of holding such election. —
The said directors shall hold their oflices for one year after
their election, and shall elect one of their number president
of the said board.
Privileges of ^^^' 6. The said corporation is authorised to construct,
said corpora- make and use, a single or double rail road or way, of suit-
*'""• able width and dimensions, to be determined by said corpo-

ration, on the line, course or way which may be designated
and selected by the directors as the line, course or way,
whereon to construct and make the same; and shall have
^sed'^'^"^^ power to regulate the time and manner in which goods, ef-
fects and passengers shall be transported, taken and carried
on the__sarae; and to prescribe the manner in which the said
rail road shall be used, by what force tlie carriages to be used
thereon may be propelled, and the rates of toll on the trans-
„ portation of persons or property thereon ; and shall have

toll gates. power to erect and maintain houses, toll gales, and other
buildings for the accommodation and management of the said
road, and transport thereon, as may be deemed suitable to
their interest. And they may also construct, maintain and
use such other lateral routes as may be deemed advanta*
geous, and expedient and necessary, under the same rights
and privileges as by this act is prescribed for the construct-
ing of the main route; and it shall be lawful also for the.
said corporation to unite with any other rail road company
already incorporated, or which may be incorporated, upon
any part of the route of the said rail road, upon such terms
as may be agreed upon by the directors of said companies,
and also to construct such other and lateral routes, as may
be necessary to connect them witli any other route or routes,
which may be deemed expedient.

Sec. 7. If at any time after the passage of this act, it shall
be deemed advisable by the directors of the said corporation,
to make and establish a good permanent turnpike road, up-

on any portion of the route of the rail road, by this act au- Discietionary

thorised to be constructed, then the said directors are hereby coi^omtion!^

authorised and empowered to construct a turnpilce on any

portion of the said route, of the following dimensions: — not

less than one hundred feet wide, twenty-two feet of which

shall be based with stone or gravel, or other hard substance,

well compacted together, and of sufficient depth to secure a

good foundation, where necessary, the whole of which shall

be faced with gravel or stone, of a depth not less than six

inches, in such manner as to secure a firm and even surface,

rising in the middle by a gradual arch; and where other

roads may intersect, it shall be so constructed that carriages

may conveniently pass over the turnpike road. And the

said corporation is hereby authorised to erect, at both ends

of said road, and at such other points upon the line thereof,

as many gates as shall be deemed necessary thereon.

Sec. 8. It shall be lawful for said corporation to appoint powers of ap-
toll gatherers, to collect and receive of and from all persons poinUng.
using said road, the following rates of toll, to wit: — for each
and every mile of transport or travel upon said turnpike road, ^^'^^ °^ '° '*
for a man and horse, two cents, or for a single person, one
cent; for four or six horse or ox wagon and driver, loaded,
three cents, and for the same empty, two cents; for all four
horse carriages and driver, five cents; for a two horse wag-
on, or one yoke of oxen and wagon, thr.ee cents; for two
horse pleasure carriages, four cents; for a one horse carriage
or gig, two cents; "for horses, mules or cattle in droves, half
a cent per head; for hogs, goats and sheep, one mill per head.
When sleds arc used instead of wheels, one-half of the above
specified tolls. And it shall be lawful for any toll gatherer pj..^,iigggs of
to stop and detain any person from going on said road, until toll gatherers,
they shall pay to him the toll properly chargeable to him ;
and when any person shall pay to the toll gatherer the toll
chargeable to him, the toll gatherer shall give to him a
ticket, authorising him to pass the whole distance of the
road for which he has paid. And the president and direct-
ors shall cause to be kept upon each gate, in some conspicu-
ous place, where it may be easily read, a printed list of the p^ ^^ direct-
tolls Vt^hich may be lawfully demanded. Said corporation ors.
shall cause to be erected mile posts or stones, to be maintain-
ed; and also erect guide posts, at the intersection of all
highways, leading into or from said turnpike road, on which
shall be inscribed the name of the town or public place to
which it leads; and if any person shall wilfully cut down
such posts, or shall wilfully break or throw down any of the
said gates, or turnpike, or shall dig or spoil any of the said
road, or any thing thereunto belonging, or shall forcibly pass
either of the gates, without first having paid the legal tolls,

2§

Liabilities of
toll gatherers.

Tolls, when
collected.

JJoad to be
kept in lepair

Commence-
of said road.

Privileges of
;aid coipora-
tion.

Directors may
present petition,
&c.

such persons shall pay and forfeit for every such offence and
injury, the sum of twenty-five dollars, to be recovered by
the said corporation in an action of debt, before any justice
of the peace of the county where the offender or offenders
may be found; and if any person shall turn out of the said
road, and pass any of the gates, and again enter upon such
road, to avoid the payment of tolls, he shall forfeit to the
corporation the sum of five dollars, to be recovered in like
manner.

Sec. 9. If any toll gatherer shall unreasonably delay or
hinder any traveler or passenger, or shall demand more toll
than by this act is allowed, he shall forfeit and pay to the
person injured the sum of five dollars, in the manner prov^i-
ded in the preceding section; and if he shall be unable to
pay it, the corporation shall be held responsible therefor.

Sec. 10. As soon as any five miles of the turnpike shall
be completed, said corporation may erect gates thereon,
and collect the toll allowed by this act. And it shall be the
duty of said corporation, when said road shall have been
completed, to keep it in good repair; and whenever, from
any cause whatever, the same shall become injured, said cor-
poration shall immediately proceed to repair the same. —
And it shall be lawful for the said corporation to commence
the construction of the said rail road or way, or turnpike, at
such points on any part of the aforesaid route or routes,
heretofore described, as in its judgment may appear expedi,
ent and proper. Said corporation are authorised to bor-
row any sum of money, which may, in their discretion, be
deemed necessary, not exceeding its capital stock, to aid in
the construction of the said roads; and if it shall at any time
appear to the said corporation that any part thereof, or any
surplus funds is not necessary to be retained, the same may
be loaned on such terms as the directors of the said corpora-
tion may deem proper, not however, at a higher rate of inter-
est than that now allowed by the laws of this state.

Sec. 11. In case the corporation shall not be able to ac-
quire the title to the lands through which the said road shall
be laid, ])y purchase or voluntary cession, it shall be lawful
for the said corporation to appropriate so much of said lands
as may be necessary for its own use, for the purposes con-
templated by this act, on complying with the provisions of
the six following sections.

Sec. 12. The directors may present a petition to the judge
of the circuit court of the county in which the said land may
be situated, setting forth by some proper description, the
lands which are wanted for the construction of said rail road,
or turnpike, or the appendages thereto, and the names of
the owners thereof, if known, distinguishing with conveni-

cncc, if it can be done, the parcels claimed in severalty 1>J Damnges, to be
the respective owners, and praying for the appointment of^^-^^^^'^-
appraisers to assess the damages which the owners of such
land will severally sustain, by reason of the appropriation
thereof, by the said corporation, to its own use.

Sec. 13. On the presentment of said petition, said cir-
cuit judge shall appoint a day for the hearing of the parties ^^•'''^'""^y" '^'^'
in interest, and shall direct such notice as he shall deem rca- '^ '

sonable, to be given of the time and place of hearing; and
in case it shall appear that any of the owners of said lands is
a feme covert, an infant, or insane, or otherwise incompetent
to take proper care of his or her interest, it shall be the
duty of the said judge to appoint some discreet and reputa-
ble pei'son, to act in the premises, in his or her behalf.

Sec. 14. At the time appointed for such hearing, the said . r •,
judge shall appoint three disinterested persons, freeholders, j^dg^jg
residents of the county in which said lands may lie, for the
purposes of assessing such damages, and in the order in
which they were appointed, shall direct and specify what
lands are proposed to be appropriated and occupied by the
the said corporation, for the purposes aforesaid.

Sec. 15. Said appraisers, after being duly sworn before
some officer, properly authorised to administer oaths, hon- .
estly and impartially to assess such damages, shall pi'oceed, p^.^l^g^g" "'^"
by viewing said lands, and by such other evidence as the par-
tics may produce before them, to ascertain and assess the
damages which each individual owner will sustain, by the
appi'opriation of his land for the use or accommodation of
such rail road or turnpike, or their appendages.

Sec 16. The said appraisers shall make a report to the * ,„ v»,.~♦,^ ■

.-..-J , .. ^-*-, 1*1 1 ■*! -I -rt-pprcLibeis lo

said judge, m writing, under then' hands, reciting the ortier make report,
for their appointment, and specifying the several parcels '^'^■
described therein, with all necessary certainty — the names
of the owners of the respective parcels, if known, and if
not known, stating that fact, and specifying also the dama-
ges which the owners of the respective parcels v>^ill sustain,
by reason of the appropriation of the same, for the purpos-
es aforesaid; and in case either of the parties is dissatisfied
with the assessment, the said judge may, on the hearing of
the parties, and interest, modify the assessment, as to him
shall appear just.

Sec. 17. On the payment of the damages thus assessed, r* • r -i

4 +u -ji *u r J. ji J ,' Duties of said '

together with the expenses ol assessment, as the same shall judge.
be settled by said judge; or on depositing the amount there-
of, for the use of such owners, in such bank or monied in-
corporation as the said judge shall direct, the said corpora-
tion shall immediately become entitled to the use of the
said lands, for the purposes aforesaid ; and the report of the

said appraisers, witii llic order of said judge, modifyino- the
same, it' the same shall have been modilied, shall be recorded
in the othce of the recorder of the county in which said
lands shall be situated, in the same manner, and the like
effect, as deeds are recorded, without any other proof than
the certificate of the said judge, that the report is genuine.

f. ,. „ Sec. 18. And when the said order shall have been so re-

when seized &: cordcd as aiorcsaici, the said corporation shall be seized and
possessed of posscsscd of such land or real estate, and may enter upon,
''"' ^* and take possession, and use the same for the purposes here-

in before recited.
Duties imposed '^^^* ^^* ^^^^^ corporation shall be bound to repair all
upon corpora- public highways, bridges, and water courses, which may be
^''*"- injured in constructing the said rail road or its appendages,

and shall restore them, as far as practicable, to as good a con-
dition as they were in before they were injured.

Sec. 20. The said corporation shall be allowed three
years from the passage of this act, for the commencement of
the construction of the said rail road and turnpike; and in
case the same shall not be completed within ten years
thereafter, the privileges herein granted shall be forfeited.
Injuring said Sec. '21. Any pcrsou who shall wilfully injure said road,
road, &.C. or any of the appendages thereto, shall be deemed guilty of
a misdemeanor, and shall forfeit to the use of the corporation,
a sum equal to three times the amount of damages occasion-
ed by such injury, to be recovered, with costs of suit, in the
name of such corporation, in a,n action of debt, before any
court having cognizance thereof, or before any justice of the
peace in the county where injury or offence may have been
' committed.

Deemed a pub- Sfx'. 22. This act shall be deemed and taken as a public
Ijeact, act, and shall be construed beneficially for all purposes here-

in specified or intended, and all copies thereof printed, by
or under the direction of the general assembly of this state,
shall be received in all courts and places whatsoever, in
said state, as sufficient evidence thereof, without further

rod

Appuoved, Jan. 16, 1836*

J "corporation. j^jY ACT to incorporate the Chicago Marine and Fire Insu-

In lorce Jan. i^ r^

13 1836. ranee Company.

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 town of Chicago, an insurance company, I>icoipoiation.
to be called the "Chicago Marine and Fire Insurance Com-
pany."

Sec* 2. All such persons as shall hereafter be stockhold-
ers of said company, shall he, and they are hereby declared Name and
to be, a body corporate and politic, by the name and style of ^'•' ^
the Chicago Marine and Fire Insurance Company, and to
continue for thirty 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 Sue and be
equity to sue and be sued, to plead and be impleaded, an- ^"®'^-
swer 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 dlter, change or break at pleas- t'ommou Seal,
lire; and may also make and establish, and put in exe-
cution, such bye- laws, ordinances and regulations as shall, ^.^^^^^.^tion^
in their opinion, be necessary for the good government of
said corporation, and the prudent and efficient management
of its alFairs: no bye-laws, ordinances and regulations of
the same, shall be in any wise 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 fifty
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
discretion, appoint and order. The said capital stock may
hereafter be increased to an amount not exceeding five hun-
dred thousand dollars, in the discretion of a majority of the
directors of said incorporation, to be subscribed for and ta-
ken under the direction and superintendence of the president
and directors aforesaid, or a majority of the said directors,
by any person whomsoever, in the same manner as is pro-
vided for the subscription to the original capital stock. The
stock of said corporation shall be assignable and transfera-
ble, according to such rules as shall be adopted in that be-
half, by the bye-laws and ordinances thereof.

Sec. 5. The corporation hereby created, shall have now- ..

, , . -^ , • • ^ , Corporation,

er and authority to make marine insurance upon vessels, privileges of.
goods and merchandise, freight, monies, bottomry, respon-
dentia, interest, and on all marine risks, and inland naviga-
tion and transportation, and against all losses by fire, of
any buildings or houses Avhatsocver, and vessels on the
stocks; (and also to receive monies on deposite, and to loan
the same on bottomry and respondentia, or otherwise, at
such rates of interest as may now be done by the existing
laws of this state;) and they may also cause themselves to

.be I'e-insurcd against any maritime risks, upon whicli they
have made insurance, and upon the interest which they may
have in any vessels, goods or merchandise, or houses, in vir-
tue of any such loans, whether on bottomry and responden-
tia, or otherwise, on such terms and conditions as may be
agreed upon by the parties, and to fix the premiums and
terms of payment.
*, f • s"- Sec. 6. All policies of insurance by them made, shall be
dent, ^ecl•etal•y, Subscribed b}^ the president, or in case of his death or ab-
sence, 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.
Restriction, ^Ec 7. The Said corporation shall not take any risk, nor

subscribe any policy by virtue of this act, until one-fourth
part of the capital stock thereof, shall have been actually
paid in.

Sec. 8. The said company shall not, directly or indirectly,
deal or trade in buying or selling any goods, wares or mer-
chandise whatever, but the president and directors may, at
their option, vest the capital stock of said corporation in
the capital stock of any incorporated bank, trust company,
or public funds of the United States, or any state in the Un-
ion. They shall have power also to loan to any citizen of
Powers of cor- ^j^jg g^^tg^ any portion of their capital stock, not exceeding
ten thousand dollars to one individual, on bottomry, bond,
mortgage of real estate, or other satisfactory security, at
their discretion.
, Sec. 9. The said corporation may purchase and hold such

° real estate as may be deemed necessary for the transaction

of its business, and to an amount at any one time, not exceed-
ing twenty thousand dollars, and to take and hold any real
estate as securities mortgaged or pledged to the said corpo-
ration, to secure the payment of any debt due, or that may
become due to it, 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, or towards satisfaction of any debt previously con-
tracted, 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 convey said real estate, or any part thereof.
Commissioners ^^c. 10. Peter Bruyue, James Grant, James Whitlock,
to open books, Gcorgc W. Dolc and Francis Sherman, are hereby appoint-
and receive g^j commissioners for superintending subscriptions to said
subscriptions, ^^^j^^i stock; and the said commissioners, or a majority of
them, shall open one or more subscription books for said
stock, on the second Mondny of March, in the year of our

Lord one thousand eight hundred and thirty-six, in the town
of Chicago, and the sum of two dollars on each share sub-
scribed for, shall be paid to said commissioners, at the time
of making such subscriptions. The books may be closed Duty of com-
whenever the whole of said stock shall be subscribed; and ™'ssioneis,
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,
except so much as shall be retained for the expenses incur-
red by them, in 'executing the duties imposed on them, by
this act;. Provided, however, that if the books for the sub- Proviso,
scription of stock shall not be opened at the time herein re-
quired, 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
opening the same.

Sec. 11. In case of the death, resignation, or absence of Death or resig-
any of the commissioners named in this act of incorporation, nation of com-
it shall and may be lawful for any three of them to form a •"'*s"'»«"^s-
quorum, and proceed to business, whose duties shall be the
same \n 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- '"^tock and con-
poration, shall be managed and conducted by nine directors, '^^^'?' ^y^^°'"
who shall hold their offices for one year, and until others
shall be chosen, and no longer, and shall at the time of their
election, be citizens of this state, and holders, respectively,
of not less than ten shares of the capital stock of said com-
pany.

Sec 13. The first election of directors under this act, ^ ^^^^ ^^ ^:._
shall be held at such time and place, in the town of Chicago, rectors.
as shall be directed by the said commissioners, or a majori-
ty of them, who, or a majority thereof, are hereby appoint-
ed inspectors of said election; and the persons thus elected
as directors, shall hold their offices until the first Monday in
May, in the year one thousanJ eight hundred and thirty-
seven, and until others are elected in their stead.

Sec. 14. The directors for every subsequent year shall be _,.
elected on the first Monday of May, in each year, at such elected. '
time of the day, and at such place w'ithin the town of Chi-
cago, and under the direction of such persons as a majority
of the directors, for the time being, shall appoint by a resolu-
tion, to be entered on their minutes.

Sec. 15. All elections shall be by ballot, allowing one Elections by
vote to each share of the capital stock, and the nine persons ballot,
who shall have the greatest number of votes, shall be direc-

tors; and if at any 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 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 other
cause, &uch vacancy shall be filled for the remainder 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 seal, 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 afore-
said, it shall be lawful to choose them on any other day, in
the manner herein provided.
Duties of divec 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 offi-
cers of said corporation, fix their compensation, define their
Bonds required po^vers, and prescribe their duties — who shall give such
bond, and in such penal sums, 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 di-
rectors.
Quorum. Sec. 17. The president and vice president and four of the

directors, shall be a board competent to the transaction of
business, and all questions shall be decided b}' a majority of
votes.
Duties of presi- Sec. 18. The president and directors of said company
dentanc" direct- shall, previous to Subscribing any policy, and once in every
°'^^' year after, publish in two of the newspapers printed in this

state, the amount of their capital stock, against what risks
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
Legidation. ^^^ retarding or obstructing, or in any wise suspending the

collection of any debt or debts, due said corporation.

Com en=ation ^^^' ^^* ^^^ expenses incurred by the commissioners in

allowed com- executing any duties required by this act, shall be paid out

misEjoners. of the monics 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- Extension oi
pany, at such times as the bye-laws thereof shall prescribe, ^||^||j^g^*™?°^^'^
to make dividends of so much of their interest, arising from
the capital stock, and the profits of said compan}', as to
them shall appoar advisable; — but the money received and
notes taken for premiums, or risks which shall be undeterm-
ined, and outstanding at the time of making such dividends,
shall not be considered as a part of the profits of said com- '
pany. And in case of any loss or losses, whereby the cap-
ital stock of said company shall be lessened, before all the
instalments are paid in, each proprietor's 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
business of the said company, equal to such diminution,
shall have been added to the capital stock; and once in ev-
ery three years, and oftener if required by a majority of the
votes of the stockholders, 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, Public act.
and shall take eftect 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- Charter,
less the stock shall be subscribed, and the company shall
commence operations agreeably to the provisions thereof,
within two years after the passage of this act.

Sec. 24. Nothing in this act contained shall confer on Banking,
said corporation banking powers, or authorise it to issue
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. Liabilities of
which shall be equal to the amount of the capital stock of Py^^''^'^"'^^"'^
said company, and the president and directors, after know-
ing of such loss or losses having taken place, shall subscribe
to any policy of insurance, their estates jointly and sever-
ally 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, Jan. 13, 1836.

3fi

III ibice 15th AJ^ ACT to incorporate the Wabash and Mississippi Hail
Jan,. 1836. Road Company,

Company in- Sec. 1. Be it enacted by the people of the State of Illinois,
coipoiated represented in the General Assembly, That John Williams,
James Bell, William Carpenter and William Craig of San-
gamon County, John H. Murphy, Samuel McRoberts, Geo.
W. Cassedy of Vermillion county; Matthew Stacy, James
Tilten and Levi Harlen of Morgan county; Joseph T.
Holmes, Edward L. Pearson and John W. McFadden of
Adams county; and all such other persons as shall become
stockholders, agreeably to the provisions of this Act in the
corporation hereby created; shall be and continue for the
To continue 60 Space of sixty years from the passage of this Act, a body
years. corporate and politic, by the name of the "Wabash and

Missisisippi Rail Road Company."
To construct a Sec. 2. The Said corporation shall have the right to con-
Rail Road, struct, and during its existence to maintain, and continue
a Rail Road, or Rail Roads, with a single or double track:
with all such appendages, as may be deemed necessary, for
the convenient use of the same; and to transport, take and
carry, persons and property of every kind upon the same,
by the power and force of steam, animals, or any mechan-
ical or other power, or any combination of them, which the
said corporation may choose to employ, for and during the
term of sixty years from the passage of this act.
Commenctnent ^^^' ^' Said Rail Road shall commence at a point on
the State line between the States of Indiana and Illinois, to
be selected by the Directors, where a direct line from Dan-
ville either to Lafayette, Covington or Perryville, crosses
said State line, thence to the town of Danville in Vermil-
lion county, thence to Decatur in Macon county, thence to
Springfield in Sangamon county, thence to Jacksonville in
Morgan county, thence to Meredocia in said county, thence
to Mount Sterling in Schuyler county, thence to Clayton,
Proviso and thence to Quincy in Adams county; Provided, that said
company shall unite and connect, their said Rail Road with
the Rail Road authorised to be constructed from Jackson-
ville to Meredocia by the "Jacksonville and Meredocia Rail
Road Company," at Jacksonville, upon such terms and at
such place as may be agreed on by the Companies; and in
case of disagreement, as to the place or terms, as the Judge
of the Circuit Court of Morgan county shall decide, upon a *
hearing of all the facts; whose decision shall be final and
conclusive; Provided further, that said companies may re-
fer such disagreement to arbitrators, mutually agreed on, in
which case, the award of the Arbitrators, shall be • conclu-
sive upon the parties: And it is further provided, that the

company hereby incorporated, shall not have the right to
construct any Rail road, from Jacksonville to Meredocia,
except upon the condition, that the Jacksonville and Mere-
docia Rail Road company shall consent thereto; or shall
surrender, or forfeit their charter.

Sec 4. If the said corporation hereby created, shall
not within four years from the passage of this Act, com-
mence thcjconstruction of said Rail Road or way, and within
that time expend thereon, at least, the sum of twenty thou-
sand dollars, and shall not within ten years from the passage
of this Act, construct, finish and put in operation said sin-
gle or double track Rail Road, over at least one half the
distance prescribed in the third section hereof; then the
said corporation shall forever cease, and this Act shall be
null and void.

Sec. 5. The Capital Stock of said Corporation, shall be ^^''Pjg''!^^*°J^J
three million of dollars, with liberty for said Company, if^^f emciea-
they shall deem it necessary to increase the same to five
millions; which shall be divided into shares of fifty dollars
each and which shall be transferable in such manner as said
corporation may direct, and the same shall be deemed per-
sonal property.

Sec 6. That James Bell, Robert Irvin, Thomas Hough- Commissioners
an, John H. Murphy, Samuel McRoberts, and George W. for subscvipdon
Cassedy shall be commissioners, the duty of whom or a ma- ibi- stock,
jority of them, shall be, at some suitable place in the cities
of New York and Philadelphia, and St. Louis, Buffalo, and
in the towns of Alton, Quincy, Jacksonville, Springfield and
Danville, Illinois, at all or any of said places, to open books
to receive subscriptions to the Capital Stock of said Corpo-
ration, and to do such other things as in their opinion, is best
calculated to have said stock taken up and subscribed for;
sixty days public notice shall be given by said Commission-
ers of the time and place of opening of said books, in one
of the public newspapers, and the said commissioners in
each of said places, shall, at the time of any subscriptions
by any person or persons, for the Capital Stock of said
Corporation, I'equire the payment to them, by the person
or persons subscribing of five dollars, towards, and upon
every fifty dollars so subscribed, and unless the same shall
be paid, the subscription shall be invalid. And in case a
greater amount of Capital Stock shall be subscribed for,
than the sum of three millions of dollars; the said Commis- gjo^,]^ ^o begia-
sioners, shall distribute and graduate the Stock, in such man- dnated.
ner as a majority of them shall deem most advantageous, to
the interests of the Corporation; but in case the Capital
Stock shall not be subscribed for, then the said Commission-
ers shall be, and are hereby authorized to re-open said books

at such times and places, and in such manner, and after such
notice as they, or a majority of them shall direct.

Sec. 7. That whenever the said Capital Stock shall have

been subscribed for, and distribution made as aforesaid, it

Manner ill shall, be the duty of said Commissioners, to give thirty days

which Dhectois notice, in one of the public newspapers, printed in each of

.hall be chosen. tj^g^(j^,j^g above named, for a meeting of the Stockholders

of said Corporation, to meet at the town of Springfield to

choose seven Directors; and said notice shall, specify, the

time of holding said meeting; and such election shall then

and there be made, by such of the Stockholders as shall

attend for that purpose either in person, or by lawful proxy.

Sec. 8. That each share of the Capital Stock, owned

ten days previous to any day of election for Directors, shall

entitle the owner and holder to one vote, either personally,

or by proxy; and the said Commissioners shall be inspectors

of the first election of Directors for said Company and shall

certify, under their hands, the nimics of those duly elected,

and deliver over the subscription, money, books and papers

to said Directors; and the time and place of holding the

first meeting of Directors, shall be fixed by said Commis-

j, . . sioners.

and surveys ^Ec. 9. The said Directors, shall cause such examina-

tions and surveys for the saidRail Road to be made, as may
be necessary, to the selection by them, of the most advan-
tageous line, course or way for the said Road, on the route
set forth in the third section of this Act, and the said Direc-
tors shall, after such examinations, and surveys shall be made
select, and by certificates, under their hands and seals, de-
signate the line, or course or way, which they, or a majority
of them shall deem most advantageous, for the said Rail
Road: one report of said survey, with courses and distances,
with a certificate annexed thereto, shall be filed in the office
of the Secretary of State; and a copy thereof presented to
the Recorder of each county through which said Road shall
pass, and be recorded, filed andpreserved, which line, course
or way, so selected, filed and recorded, shall, be deemed the
line, course or way, on which the said corporation shall con-
struct, erect, build or make the Rail Road as heretofore
mentioned.
Term ofotiiie. ^Ec. 10. The first Directors to be chosen shall hold their
offices, until the first Monday in December in the year next
succeeding their elections, and until others shall be chosen,
and every election of Directors thereafter, shall be held
annually at Springfield on the first Monday in December in
each and every year, notice of the same being first given
twenty days thereto, in a pubhc newspaper, printed in each
of the towns of Quincy, Alton, Jacks'onvillc, Springfield

and Danville — every election shall be held, under the inspec-
tion of three stockholders, not being dii'cctors, who shall
be previously appointed by the board of Directors. All Election to be
elections shall be determined by ballot, and a plurality of '^^' '^*'^°'
the votes given, shall constitute a choice. No stockholder
shall be eligible to the Otfice of Director, unless he shall
own stock, to the amount of ten shares. In case an equal
number of votes should be given, for any two or more for
Directors, the remainder of the Directors chosen, shall by
ballot determine, who shall be entitled to a seat at the
board.

Sec. 11. ' In case it should at any time happen, that an
election of Directors shall not be made in any day when,
pursuant to this Act it ought to have been made; the said
Corporation shall not for that cause be dissolved, but such
election may be held at any other time directed by the by-
laws of said Corporation within sixty days after the day on
which it should have been held.

Sec. 12. The said Corporation is hereby empowered to Nutuic ami
purchase, receive and hold such real estate as may be neces- i\°corporation "^
sary and convenient for the accomplishing the object for
which this Act of incorporation is granted; and may by
their agents, surveyors and engineers, enter upon and take
possession of, and use all such lands and real estate, and
materials, as may be indispensable for the construction and
maintenance of their Rail Road or trackway, and accom-
modations and appurtenances, required and appertaining
thereto; and may also receive, hold and take, all such vol-
untary grants, and donations of land and real estate, and
materials for the purposes of said Rail Road as shall be
made to the said Corporation, by the General or State Gov-
ernment, or by any Corporation, Company, individual or in-
dividuals, to aid in the construction, maintenance and accom-
modation of the said Rail Road, completely vesting in said
Company and Corporation absolutely in fee simple the same.
But all lands and real estate thus entered upon for materials
or otherwise, which arc not donated or owned by the Com-
pany, shall be purchased by the said Corporation of the Lamis not do-
owner or owners thereof, at a price to be agreed on mutu-"||^gg^[°^^^[^Q^
ally, by the Company and the owner or owners; In case of
a disagreement as to price, and before the taking of any ma-
terials or making of any^partof said Road, on said land, in
controversy, it shall be lawful for tl^e Commissioners, Super-
intendents, or other authorised person or persons of said
Company, to apply to some Justice of the Peace, of the
county, i-n which said lands or materials may be situate, who
shall cause^ve freeholders to be summoned, who after being
duly sworn, faithfully and impartially to examine the ground

or materials to be pointed out to them, by tlie commission-
ers, superintendant or other authorised person or persons;
and reasonable notice having been given to the owner or
owners of the property, said freeholders shall assess the
damages, wrhich such owner or ow^ncrs will sustain, over and
above the additional value which such land will derive from
the construction of such Road, and make a report, signed
by at least a majority of them; one of v/hich they shall de-
liver to the commissioners, superintendant. or other author-
ised person or persons, requiring said view and assessment,
and the other to the Justice of the Peace by whom they
were sworn; and the amount of damages and costs thus as-
sessed, being paid to the owner or owners*, or deposited with
the Justice of the Peace aforesaid, the Road may be con-
structed and located on said lands, and the materials afore-
said be taken. If either party shall be dissatisfied with the*

Ck/uu'coun*'^ valuation, where lands arc in question, an aj)peal may be had
to the Circuit Court of the county in which the lands may
lie, by petition setting forth the facts of the case, describing
the land and premises, and the necessity of such land for
making said Rail Road, and the attempt and failure to pur-
chase the same, with the nnme and residence of the owner
or owners of the same, and the reason why the purchase
cannot be made; and the Circuit Court aforesaid, acting and
setting as a Court of chancery, shall direct such notice to
the owner and parties, as shall be deemed reasonable, of the

Proviso time and place of hearing the parties: Provided^ That in

case the appellee shall have had five days previous notice
in writing of the taking of the appeal no further notice
shall be necessary, but said Court shall proceed to hear and
determine said case, as speedily as practicable; and upon
proof of the service of notice of the appeal, and upon hear-
ing the testimony of the parties (which may be taken orally
or by depositions) it shall make such order and decree in the
premises, as to it may seem proper, and equitable, and may
cither increase or diminish the amount of damages, or reject
said petition altogether and shall also make such order for
the payment of costs, as may be just and proper: said Court
shall also order a conveyance of the said land in controversy
to be made, when the decree shall be complied with, on the
part of the Corporation; whenever said order and decree
shall be fully complied with on the part, and behalf of said
Coi'poration, it shall be possessed of the land in controversy,
and may enter upon, and take possession of, and use the
same, for the purposes of said Road ; where a difficulty shall
arise as to the value of materials which may be needed to
construct said work, or the amount of damages dyne to land,
by the agents of the Company, passing through said land, in

collecting materials aforesaid, there shall be no appeal ta-
ken to the circuit court, but in case the parties or either of
them shall be dissatisfied, and it shall appear to the Justice,
that it is right and necessary to justice, he may set aside the
first valuation: Provided^ The same shall be done in three pj.o^,igo
days after said valuation, and appoint five other commission-
ers, to appraise and value the materials or damages last afore-
said, whose award in writing, in the premises shall be final,
and who shall apportion the costs, on one or both of the
parties, as to them may seem just and proper.

Sec. 13. In case any married woman, infant, idiot or Lands of Feme
insane person, or any non-resident of the State, who shall not covert, Infants
appear, after such notice, shall be interested, in any such compoTmeilur.
land or real estate; the circuit court or justice of the peace
shall appoint some competent and suitable person, to appear
before said commissioners, or said circuit court, and act
for, and in behalf of such married woman, infant, insane
person, idiot or non-resident of the state.

Sec. l4. The said corporation, is hereby authorised and Transportation
empowered to regulate the time and manner in which goods,
passengers and property shall be transported, taken and
carried on said Rail Road, and shall have power to erect and
maintain toll houses, and other buildings necessary for the
accommodation of their concerns, and from time to time, to
fix, regulate, demand, and receive, the tolls and charges by
them to be received, for the transportation of property and
persons, on the single or double rail road, or ways afore-
said.

Sec 15. If any person shall wilfully do, or cause to be Pe"aUy for ob-
done, any act or acts whatever, whereby any building, con-
struction, or work of the said corporation or, any engine,
machine or structure or any matter or thing, appertaining
to the same, shall be stopped, obstructed, impaired, weak-
ened, injured or destroyed; the person or persons so offend-
ing, shall be deemed guilty of a misdemeanor, and shall for-
feit and pay to said corporation treble the amount of dama-
ges sustained, by means of such offence or injury, to be re-
covered in the name of said corporation, with cost of suit,
by action of debt, and shall be subject to indictment and
punishment for high crimes and misdemeanors as in other
cases. ,

Sec 16. All the officers and agents necessary to carry To appoint of-
on, and superintend the interest of the corporation, shall fibers, agenv-s.
be appointed or elected, and continue in office, as the direc-
tors shall point out, and determine, in the bye laws, and
general regulations of the company; and it shall be lawful
for the Directors, to require payment of the sums to be sub-
scribed to the capital stock; at such times, and in such

proportions, and on such conditions, as they shall deem fit
and right, under the penalty of the forfeiture of all previous
payments thereon, and shall give notice of the payments
thus required, and of the place and time, when and where
the same are to be paid, at least thirty days previous to the
payment of the same in a public newspaper, printed in Al-
ton, Quincy, Jacksonville, Springfield and Danville.

Sfx'. 17. Whenever it shall be necessary for the con-
fen^ 0° "ross struction of the single or double rail way; to intersect, or
water course or cross any Stream of water, or any road, or highway, it shall
highway. \)q lawful for the corporation, to construct across or upon

the same; but the corporation shall restore the stream, or
water course, or road, or highway, thus intersected to its
former state, or in a sufficient manner, not to impair its use-
fulness.
Powers of said Sjjc. 18. All persons who shall become holders of the
incorporation, ^^^^pj^j^j stock, of Said incorporation, pursuant to this act,
shall and are hereby constituted a body corporate, by the
name of the "President, Directors, and Company of the Wa-
bash and Mississippi Rail Road," and by that name shall be
competent to contract and be contracted with, sue and be
sued, plead and be impleaded, answer and be answered unto
defend and be defended, in all courts having competent ju-
risdistion, may have and use a common seal, and the same
alter, break and renew at pleasure; and may also make, or-
dain establish, and put in execution, such by laws, ordinan-
ces, rules and regulation?, as shall be necessary for the gov-
ernment of said corporation, and the prudent and efficient
management of its concerns; audit shall be sufficient ser-
vice of an}' process against said corporation, to serve the
same either on the president of the board of directors, or
the secretary of the company, and in case of their absence,
to leave a copy of the same at the office of said Secretary.
Sec. 19. The whole of the stock of said company shall
be deemed personal property, and together with all the tools,
implements, machinery, apparatus of every description, used
or employed, or on hand, belonging to the company, shall
be liable to be seized, executed, and sold, after judgment,
to make good, any contract, agreement, or stipulation, made
by any agent, superintendant, or other authorised person.
When compie- Sec. 20. That when said road shall be completed, the
ted, Board shall pi'esident and directors shall make out a minute, full and de-
inakeoutstate-|^^jj J statement of the expenses of constructing the same,

men ol expense ini ii iri • i \

which report shall be under the oath oi ttie president and
directors, and shall be filed in the secretary's office of this
state; and from thenceforth shall annually make a report
in detail of theirprocecdings, and expenditures, and all tolls
received on said rail road, verefied by aflidavit, and file the
same in the office of the secretary of state.

Sec. iil. That the directors, shall as soon as may be af- To elect preji-
ter every election, choose out of their own number, one '^''^"^.j^"'^ ^'''^^

• 1 II !• -ii president.

president, and one other person to be vice president and
fix their salaries; and in case of the death, resignation, or
removal of the president, vice president, or of any director,
such vacancy or vacancies, may be filled for the remainder
of the year, by the board of directors — and in case of the
absence of the president or vice president; shall have pow-
er to appoint a president/)ro tem.

Sec. 22. It shall be la\yfal for any rail road company Other railroads
which heretofore has, or hcreaiter may be incorporated, to with this.
join or unite with the rail road, hereby created, and incor-
porated at any point, at which the directors of said com-
panies, may think advisable, and agree upon, and in case of
a disagreement between the directors of said companies;
then upon such terms as the circuit court of the county
where said roads may meet; upon a full view and hearing
of all the facts connected with the case, may determine to
be equitable and just between said companies.

Sec. 23. The said directors when chosen as aforesaid, ^^y '^°"s'^"'='
shall have power, and are hereby authorized, to construct, p^^t
either the whole, or any part or parts of said Rail Roads,
and between any of the points designated as aforesaid, in
the discretion of said directors, and as they may determine
mosl advantageous to the interests of said company; Provi- Pioviso
c/e6?. They shall complete one half of the whole of said
rail road, as required in the fourth section of this act.

Approved, Jan. 15, 1836.

AN ACT to incorporate the Carlyle Bridge Company. ^^.n. 1836,

Sec. I . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Mary D. Slade,
and James B. Campbell, of Cook county, and Thomas company in-
Keyes, of Bond county, their associates, assigns and succes-corporated.
sors, shall be, and they are hereby constituted a body corpo-
rate and politic, by the name and style of the "Carlyle Bridge
Company," from and after the passage of this act, and hj that
name, they and their successors, shall and may hereafter have Sue and be su-
succession, and shall in law be capable of suing and being su- ed, •fcc.
cd, pleading and being impleaded, answering and being an-
swered, in all courts and places whatsoever; and they and
their successors may have a common seal, and may alter and
change the same at pleasure ; and also, they, and their succes-

Capital stock.

Election.

Powers of said
company

sors by that name and style, shall be in law capable of pur-
chasing and holding, and conveying, any estate, real and per-
sonal, for the use of said company, as hereinafter limited.
Sec. 2. That the capital stock of said company shall not
exceed twenty-five thousand dollars, divided into such num-
ber of shares, and of such amounts each, as the said Mary D.
Slade and her successorsor assigns, shall think proper; and
the said company, thus created, shall meet on the fourth day
of July next, or within three months thereafter, for the pur-
pose of choosing such officers as a majority of them shall de-
termine, and every stockholder shall be entitled at such and
all other elections, to one vote for each share owned. The
first Monday in the month in which such election shall be
held, shall be the anniversary day of all subsequent elections
of such officers. A majority of the stockholders shall be a quo-
rum, and shall be capable of transacting the business of the
corporation ; and any act of the majority of said stockholders,
shall be binding on said corporation. The said company, or
a majority of them, may meet from time to time, as may be di-
rected by their rules and regulations, and shall have power to
make such bye-laws, rules and regulations, as shall be deemed
expedient and proper, for the well ordering of the aifairsof
said company; Provided,, the same be not repugnant to the
constitution and laws of this state, and of the United States.
Sec. 3. The said corporation are hereby authorised and
empowered to erect a bridge over the Kaskaskia river, com-
mencing at the east end of Fairfax street, thence to the east
bank of said river, at Carlyle, which shall be constructed with
stone abutments, and one arch or span across said rivei', so as
not to obstruct the passage of boats, and other crafts, and
shall keep said bridge in good repair, for the purposes in-
tended.

Sec. 4. 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 are now established
and received for ferriage at the same place; Provided the
citizens of Clinton county, and their property, shall cross and
re-cross said bridge free from toll.

Sec. 5. The said corporation shall have power, and are
hereby authorised to extend, by causeway or turnpike, their
said bridge to the blufl" or high ground east of said Kaskaskia
river, for which they shall receive such additional tolls, as
shall be allowed them by the county commissioners' court of
Clinton county.
Corporation, to- ^Ec. 6. The Said corporation shall be entitled to purchase
what entitled, and hold, and convey so much real estate as will be necessary
to construct the aforesaid bridge and causeway, or turnpike

Proviso.

Powers vested
to Company.

Privileges.

Proviso

Power to ex

tend, &c.

upon, with toll houses and toll gates, necessary for the man-
agement of the concerns of said bridge company.

Sec. 7. The said corporation shall, on or before the first Commencc-
day of September next, commence the construction of said "'<^"t-
bridge, across the said Kaskaskia river, and have so much of
the same as is contemplated in the third section of this act,
completed on or before the first day of December, one thous-
and eight hundred and thirty-nine, otherwise this act shall be Completion,
null and void, and the powers hereby granted shall vest in
such persons as shall become subscribers to the stock of the . .

Carlyle Bridge Company; and John Clark, John M. Web- ^^^ '^"j^jg^J^jj^,.
ster, Jonathan §harp and Joseph Huey, are hereby constitu- ties of same,
ted and appointed commissioners to receive subscriptions to
said slock; Provided,iha.t incase of a failure on the part of P^'o^'-"-
the company, as constituted by the first section of this act, to
comply with the requisitions of the several sections hereof,
then, and in that case, the capital stock shall be divided into
shares of fifty dollars each, and as soon as the said stock is
subscribed, the commissioners, or a majority of them, shall
call a meeting of the subscribers at Carlyle, for the purpose
of choosing five directors, each share holder being entitled
to one vote; and said directors, or a majority of them, shall,
and are hereby authorised to carry into effect the objects of
this grant, and to retain and exercise all the powers and priv-
ileges conferred upon the corporation, in the previous sec-
tions of this act; Provided^ Aori'eper, that unless said bridge,
hereby authorised to be erected, shall be constructed vs^ithin
five years from the first day of July next, the said franchises
and privileges shall cease and determine, and be entirely
null and void.

Sec. 8. Should said toll bridge and turnpike be erected, as Piiviieges,
contemplated by this act, the privileges hereby granted, ^^'*'*" ^° '^^^*^'
shall cease and determine on the first day of March, in the
year one thousand eight hundred and sixty; Provided the
company hereby incorporated, shall not at any time, by them-
selves or their agents, obstruct, or cause to be obstructed, any
ford or fords, at or near the place where the said bi'idge is
hereby authorised to be constructed across the said Kaskas-
kia river; and if the said company shall at any time, so ob-
struct the said ford, they shall, for every twenty-four hours
such obstructions shall remain, forfeit and pay the sum of ten
dollars, to be recovered before any justice of the peace, in
the county w' herein such bridge shall be, one-half to the per-
son sueing, and the other half to the county treasurer.

AppRo^'ED, Jan. 16, 1836.

To transport
perfoiis ?iiul
property.

Ill force isiu. AM ACT to incoi'porale the Shawneetown and. Alton Rail Road
l*^' ^^•^^- Company.

Sec. 1. Be it enacted by the people of the State of Illinois j
represented in the General Assembly, That Jesse C. Lock-
Incoiporation, ^qq^j^ Abraham Irvine, Gilbert Griswold, Lewis Lane, and
John Marshall of the county of Hamilton, Joel Pace, Rob-
ert A. I). Willbanks, and Samuel Cummings of Jefferson
county; Willis Hargrave of Gallatin county; Isaac Fer-
guson, Isaac Prickctt, J. T. Hudson, J. C. Bruner, J. S.
Carrigan.and all such other persons who may associate with
them for that pui'pose, be, and they are hereby constituted a
body politic and corporate, by the name of the "Shawnec-
town and Alton Rail Road Company;" for the purpose
of constructing a rail road from Shawneetown, on the Ohio
river, by the vrny of McLeansboro' in Hamilton county.
Mount Vernon in Jefferson county, Carlyle in Clinton coun-
ty, Edwardsville in Madison county, to Alton on the Mis-
sissippi river, to transport, take and carry property and per-
sons, upon the same, by the power and force of steam, of
animals, or of mechanical or other power, or of any com-
bination of them, which the said corporation may choose to
employ; and by that name, they and their successors shall
be, and they are hereby vested, with the right and privilege
of constructing and using the said road, for the purposes
aforesaid, from and to the points comprised within the lim-
its before mentioned, and may have succession, and shall be
persons in law capable of contr cting and being contracted
with, sueing and being sued, pleaded and being impleaded,
in all courts of law and equity, and in all manner of ac-
tions;— and that they and their successors may have a com-
mon seal, and may alter and change the same at pleasure.

Sec. 2. That if the corporation hereby created, shall not
within ten years from the passage of this act, construct,
and finish, and put in operation, the said road or any part
thereof, as shall be deemed expedient by said corporation,
then the said corporation shall thenceforth and forever cease,
and this act be null and void.

Sec. 3. The capital stock of said company shall be one
million of dollars, with liberty to increase the same from
time to time, by new subscriptions, 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 divided into shares of fifty dollars each, which
shall be deemed personal property and transferable in such
manner as said corporation shall by law direct.
rommisMoners Sec. 4. That Jcssc C. Lockwood, Abraham Irvine, Gilbert
to open books Griswold, Lewis Lane, John Marshall, Joel Pace, Robert

When to be lln
ished.

Capital f^tock.

A. D. Wilbanks, Samuel Cummings, Willis Hargrave,
John S. Carrigan, Joseph Duncan, Isaac Ferguson, Isaac
Prickett, J. T. Hudson and J. C. Brunei", shall be commis-
sioners, the duty of whom, or a majority of them, shall be,
at some suitable place in the cities of New York, Philadel-
phia, Baltimore and St. Louis, and in the towns of Alton,
Shawneetown, and Equality, in Illinois, to open books, to re-
ceive subscriptions, to the capital stock of said corporation:
and to do such other things as in their opinion are necessary
and best calculated to get said stock taken up. Sixty days
public notice shall be given by said commissioners of the
time and place of the opening of said books, in one of the
public newspapers in Shawneetown and Alton. The com-
missioners shall receive no subscriptions, unless at least, one
dollar on each share subscribed, be paid at the time of sub-
scription, and as soon as the same shall be subscribed, to give
a like notice, for a meeting of the stockholders, to choose
five directors: and such eleclion shall be made at the time, .
and place appointed by such of the stockholders, as shall j^g^f °„^!y,pj^
attend for that purpose; either in person, or by lawful proxy ; deis
each share of the capital stock, entitling each stockholder
to one vote, and the said commissioners shall be inspectors
of the first election of directors of the said corporation, and
shall certify, under their hands the names of those duly
elected, and deliver over the subscription books, to the said
directors; and the time and place of holding the first meet-
ing of the directors, shall be fixed on by said commission- Election
ers, and the directors to be chosen at such meeting, or at
such annual elections, shall, as soon as may be after every
election, choose out of their own number, one President,
and one other person to be vice president, and in case of
the death, resignation or removal of the President or Vice
president, or of any director, such vacancy or vacancies
may be filled for the remainder of the year, whenever they
may happen, by the board of directors: — and in case of the
absence of the president or vice president, the board of
directors shall have power to appoint a president pro tem-
pore, who shall have, and exercise such powers and func-
tions, as the bye-laws of the said corporation may provide.

Sec. 5. It shall be lawful for the directors to require pay- lu what man-
mentof the sums subscribed to the capital stock, at such time, "«*■ payment of
and in such proportions, and on such conditions, as they j^'j^g ^^^^^j^^ ^
shall deem fit, under the penalty of the forfeiture of all pre-
vious payments thereon; and shall give notice of the pay-
ments thus required, and of the place and times, where and
when, the same are to be paid, at least ninety days previous
to the payment of the same, in some public newspapers in
this state, and in the several cities where the books of the

company may have been opened for subscriptions to thd cap-
ital stock.

Election of di- Sec. 6. That in case it should at any time happen, that an

rectors. election of directors shall not be made, on any day on which

in pursuance of this act it ought to be made; the said cor-
poration shall not for that cause be deemed to be dissolved,
but such elections may be held at any other time directed
by the bye-laws of said corporation.

Bye-iawg ^^^* ^* That five of the directors of said corporation shall

form a board, and they or a majority of them, shall be com-
petent to ti'ansact all the business of the said corporation,
s and they shall have full power to make, and prescribe, such

bye-laws, rules and regulations, as to them shall appear
needful and proper; touching the management and disposi-
tion of the stock, property, estate and effects of said corpo-
ration, the transfer of shares, and touching the duties and
conduct of their officers and servants; and the election of
directors, and all other matters whatsoever, which may ap-
pertain to the concerns of said corporation, and also shall
have power to appoint a secretary, and so many clerks, and
servants, as to them shall seem meet, and to establish such
salaries and allowances to them, and also to the preS'idcnt
and vice president, as to said board, shall appear proper.

Powers granted Sec. 8. That the Said Corporation be, and they are here-
by authorised by their agents, surveyors and engineers, to
cause such examinations and surveys to be made, of the
ground lying in the aforesaid limits prescribed in the first
section of this act; as shall be necessary to determine the
most advantageous route for the proper line, or course,
whereon to construct said road, and it shall be lawful for the
said corporation, to enter upon, and take possession of, and
use, all such lands and real estate, as may be indispensable
for the construction and maintenance of said road, and the
accommodations requisite, and appertaining to them, and
may also hold and take, all such voluntary grants, and do-
nations of land, and real estate, as shall be made to said
corporation, to aid in the construction, maintenance, and ac-

Provjso. commodation of their said road; Proric/erf, that all lands, or

real estate, thus entered and taken possession of, and used
by said corporation, which are not donations, shall be pur-
chased by said corporation, of the owner or owners of the
same, at a price mutually to be agreed upon between them,
and in case of disagreement as to price, it shall be the duty
of the governor of this state, upon notice given to him by
said corporation, to appoint three commissioners, who shall
be persons not interested in the matter, to be determined by
them; to determine the damages, which the owner or owners
of the said land, or real estate, so entered upon by said cor-

Iti

poralion, have sustained by the occupation of the samGj an4
upon payment of such damages, together with the costs and
charges attending the appraisement, by the said corporation,
the said commissioners being allowed two dollars per day
whilst thus employed, or upon the corporation depositing in
theTreasury of the State, the amount of such damages, togeth-
er with the costs and charges aforesaid, to the credit of the per-
son or persons, the commissioners may have awarded the
same; the properofficerof suchtrea.sury,givingnotice to such
person or persons by letter, of such dcposite being made by
the said corporation; then the said corporation, shall be
deemed to be seized, and possessed, of the fee simple, of all
such lands or real estate, as shall have been appraised by
the said commissioners; and it shall be the duty of said
commissioners, or a majority of them, to deliver to said cor-
poration a written statement of the award or awards they
shall make, with a description of the lands, or real estate
appraised; to be recorded by the said corporation, in the
clerk's office of the county commissioners' court, in which
the land or real estate may be; that in case any owner or
owners of land, or real estate, so appraised, shall be feme
covert, underage, non compos mentis, or out of this State;
then in such case the said corporation shall pay the said
last mentioned owner or owners, respectively, whenever the
same shall be lawfully demanded, together with interest at
the rate of six per cent, per annum.

Sec. 9. Tiiat the said corporation be,"and they are hereby Further pow-
authorised to construct, and use a road of suitable width ^^■^•
and dimensions; to be determined by said corporation, with-
in the limits prescribed by the first section of this act; and
shall have power to regulate the time, and manner in which
goods, and passengers, shall be taken, transported and car-
ried on the same as well as the manner, in which they shall
collect all dues, on account of transportations; Provided, the Pi'o^'iso.
same shall not amount to more than twelve per cent, upon
the capital stock' paid in; and shall have power to erect
houses and other buildings, for the accommodation of their
concerns; as they may deem suitable to their interests, and
to collect tolls, as soon as any part thereof is finished.

Sec. 10. That whenever it shall be necessary for their To intersect
rail road to cross or intersect any water course, or other ^''^°*^®^™^'^^
highways, lying between the points aforesaid; it shall be '
lawful for the said corporation, to construct their rail road
across, or upon the same; Provided,, the corporation shall res-
tore the highway thus intersected, to its former state, or in
a sufficient manner not to impair its usefulness.

Sec 11. It shall be lawful for any rail road company,
which may hereafter be incorporated, to join with the rail

Persons wilful-
ly Si, malicious-
ly damageing
said road.

Their Powers

road company hereby created, at any point they may think
advisable; on such terms as the companies respectively may
agree upon, in case that a disagreement between the direc-
tors, then upon such terms as the Circuit Court of the coun-
ty in which such difficulty may take place, shall upon a full
view of the premises and facts connected with the case de-
termine to be equitable and just, betvv^een the said compa-
nies.

Sec. 1 2. That if any person or persons, shall wilfully do,
or cause to be done, any act or acts, whereby any building,
construction or work of said corporation, or any engine,
machine or construction, or any matter or thing appertain-
ing to the same; shall be stopped, obstructed, injured or des-
troyed, the person or persons so offending, shall forfeit and
pay the said corporation, double the amount of damages
sustained by means of such offence, to be recovered in the
name of said corporation, with costs of suit by action of
debt; to be brought in any court of record in this State, or
before any Justice of the Peace, in the counties where such
injury may have accrued; and the person or persons, so of-
fending, shall be deemed guilty of a misdemeanor and liable
to fine and imprisonment.

Sec 13. That the said corporation, shall have the liberty
of taking and receiving in payment of the stock subscribed
to said corporation, a conveyance in fee simple, of any land
or town lots, and the same together with any such donations
as above provided, to sell and convey in such manner, and
on such terms, as may be thought necessary, and most ad-
vantageous to the said corporation.

Sec. 14. When one tenth part, or more of the stock of
said company shall be subscribed, the said commissioners
shall make an election, at such time and place, as they may
direct, for the election of directors, as herein provided; and
the said directors, shall receive from the said commissionersy
all the books, papers and money which they may have re-
ceived, and thereafter the directors shall receive subscrip-
tions to the said capital stock, until the whole amount shall
be subscribed.

Sec. 15. The said corporation may, if in the opinion of
the president and directors, the same may be deemed to the
advantage of said company, cause the route of the said rail
road to vary from the points between Shawneetown and
Alton; and run the said road by the way of Equality,
or on the most advisable route between Shawneetown and
Alton.
A public act. Sec. 1 6. This act shall be deemed a public act, and shall
be favorably construed for the purposes therein expressed
and declared, in all courts and places whatever.

Approved, Jan. 18, 1836.

Directors, how
cho?en.

Variation of
said road.

AK ACT to incorporate the Alton and Shawieetown i?o«7 ?S fe "^*°'
lioaa Company. ,

Sec. 1. Be it enacted by the people of the state of Illinois, Compa.nyin-
represented in the General Assembly, That Alexander Kirk- corporated.
patrick, Timothy Guard, Ephraim H. Gatewood, Thomas
Morris, Moses M. Rawlings, Benjamin Godfrey, Stephen
Griggs, Enoch Long and Benjamin F. Edwards, their asso-
ciates, successors, and assigns, are hereby created a body
corporate and politic, under the name and style of the "Alton
and Shavvneetown Rail Road Company," and by that name
may be, and hereby are made capable in law and equity, to gyg ^jj^j ^^ jy.
sue and be sued to final judgment and execution, plead and ed.
be impleaded, defend and be defended, in any court or courts
of record, or in any other place whatever; to make, have,
and use, a common seal, and the same to break, renew, and ^^^'® ^f**™"
alter at pleasure; and shall be, and are hereby vested with
all the powers, privileges and immunities, vt^hich 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 j
hereby authorised and empowered to locate, construct, and po^yers of. '
finally complete, a rail road, commencing at or near the town
of Alton, on the Mississippi river; thence to the town of Ed-
wardsville, in the county of Madison; thence to Lebanon,
in St. Clair county; thence to Nashville, in Washington
county; thence again, by a straight line, to Frankfort, in
Franklin county ; thence through Equality, to Shawneetow^n,
on the Ohio river, in Gallatin county, — in such manner and
form, as the said company shall deem most expedient; and
for this purpose, said company are authorised to lay out their „.
said road at least six rods wide, 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 rail road;
Provided, that all damages that may be occasioned to any
person or corporation, by the taking of such land or mate-
als, for the purposes aforesaid, shall be paid for by said
company, in the manner hereinafter provided.

Sec. 2. The capital stock of said company shall consist r; • i . k
of five thousand shares, with the privilege of increasing
the same to fifteen thousand shares in the whole, of one
hundred dollars each; and the immediate government and
direction of the affairs of said company, shall be vested in
nine directors, who shall be chosen by the members of the '"'^'°"
company, in the manner hereinafter provided, who shall hold
their offices for one year, and until others shall be duly elect-
ed 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 num-

Appoint a ber to be president of the board, who shall also be president

cieik and treas- of thc 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 company, with

' sureties to the satisfaction of thc directors.

ISec. 3. The president and directors, for thc time being,
aufT^d^eirffatrd •^^'^ hereby authorised and empowered, by themselves or
to President & their agcnts, to exercise all the powers and authority
Directors. herein granted, for the purpose of locating, constructing
and completing said rail road — and all such other powers
and authority, for thc management -of thc affairs of said
company, not heretofore granted, as may be necessary to
carry into effect the object of this grant; to purchase and
hold lands, materials, and other necessary things, in the
name of the company, for the use of the road; to make
such equal assessments from time to time, on all the shares
in said company, as they may deem expedient and necessary,
in the progress and execution of the work, and direct the
same to be paid to the treasurer of thc company, and thc
treasurer shall give notice of all such assessments. The
Bye-laws. board of directors shall have power to adopt rules and
bye-laws, regulating the manner and time of payment of all
assessments they may order, under such penalties as they
may deem proper.
Liabilities. Scc. 4. Said company shall be holdcn to pay all damages

that may arise to any person or persons, corporation or cor-
porations, by taking their lands, stone or gravel, for the use
of said rail read, when the same cannot be obtained by vol-
untary agreement, to be estimated and recovered in the
manner provided by law for the recovery of damages hap-
. pening by the laying out of highways.
Persons noii Sec. 5. When the lands, or other property or estate of
compos mentis, any married vs^oman, infant, or person non compos mentis,
m ants, 'c. g]^;^]} ^g necessary for the construction of said rail road, thc
husband of such married woman, and the guardian of such
infant, or person non compos mentis, may release all dam-
ages in relation to the land or estate to be taken and appro-
priated as aforesaid, as fully as they might do, if the same
were holden in their right, respectively.
Obstructing s'd j^^c. 6. If any person shall wilfully, maliciously, or wan-
tonly and contrary to law, obstruct the passage of any car
on said rail road, or any part thereof, or any thing belong-
ing thereto, he, she, or they, or any person assisting, shall
forfeit and pay to said company, for every such otlence, tre-
ble such damages as shall be proved before any court com-
petent to try the same, to be sued for in the name, and in
behalf of said company; and such offender or olfendera

shall be deemed guilty of a misdemeanor, and liable to in- liuiictinent.

dictment, in the same manner as other indictments are

found, in any county or counties where such offence shall

have been committed; and upon conviction, such offenders

shall be liable to a fine not exceeding five thousand dollars, Penalty.

for the use of such county where the indictment may be

found, or may be imprisoned not exceeding one year, at the

discretion of the court before whom the conviction may be

had.

Sec. 7. Said company shcdl so construct their said rail Rivors and
road across rivers, canals, turnpikes, and other public ways, ^''shhways.
so as not to hinder, obstruct, or interfere with the naviga-
tion, passage and free use of such public ways; and if said
rail road shah not be so constructed, it shall be lawful for
the persons agrievcd to abate the same, in the same manner
as is now provided by law for the removal of obstructions
to public ways.

Sec. 8. The time of holding the annual meetings of said Directors how
company for the election of directors, shall be fixed and de- ci'osea
termined by (he bye-laws of said company; and at all
meetings each stockholder shall be entitled to vote in person,
or by proxy, duly authorised, one vote for each share he or
she may own.

Sec. 9. That Benjamin Godfrey, Benjamin F. Edwards, Commissjonei-s
Ephraim 11. Gatewood, Alexander Kirkpatrick, John N. ^" "i^,"" *f " .

r Tf T T -1-, -, T 1 Tx 4 1- IT • m scnplion books.

Webster, Kichard B. Servant, John D. Wood, Lewis 1.
Culley, Harvey T. Pace and Benjamin Bond, arc hereby
appointed commissioners to open subscription books for the
stock of said company. Said commissioners, or a majority
of them, are hereby authorised to open subscription books
for said stock, at such places as they may deem proper, and
shall give at least thirty days' notice of the time a.nd place
where such books shall be opened, and shall keep the same
open for five days, unless the whole number of shares of
said company shall be sooner subscribed; and they shall re-
quire each subscriber to pay one dollar on each share sub-
scribed, at the time of subscribing; and at the termination
of said term of five days, or sooner, if the v>^hole amount of
said shares shall be taken, said commissioners shall call a
meeting 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 t^ call a meet-
directors of said company shall have been chosen, the said ing to elect di-
comniissioners shall deliver said subscription books, together ^'^^*°^'^-
with all sums of money received by them, to said directors;
Provided, that no election shall he held until the whole num- Pi-oviso
ber of shares of said company shall have been subscribed;

Proviso.

Rules, Eegula-
tious, &c.

Proviso

Commence-
ment.

Completion.

and, Provided also, that each director shall, at the time of his
election, hold .It least ten shares of the capita] stock of said
company.

Sec. 10. Said board of directors shall have power to
make, ordain, and establish such bye-laws, rules and regu-
lations, and ordinances, as they may deem expedient and
necessary to accomplish the purposes, and carry into effect
the provisions of this act, and for the well ordering, regula-
ting and securing the interests and affairs of said company;
Provided the same be not repugnant to the constitution and
laws of this state, or of the United States.

Sec. 11. The said company shall, on or before the first
day of July, 1840, commence the construction of said rail
road, and have the same completed, on or before the first
day of July, 1850; and should the said company fail to have,
the said road commenced and completed, as herein provi-
ded, in either case this act shall be null and void.

Approved, Jan. 18, 1836.

In force Jan. ^.A'" ACT to incorporate the Mount Carmcl and Alton Rail
1^- IS^S- Road Company.

Company in- Sec. 1. Be it enacted by the people of the state of Illinois,
corporated represented in the General Assembly, That Calvin Riley, Caleb
Stone, S. H. Anderson, David Smith and Daniel Meeker,
of the county of Madison; Harry Wilton, Sidney Breese
and Zophar Case, of the county of Clinton; Rufus Ricker
and William W. Pace, of the county of Marion; Samuel
Leech and Rigdon B. Slocumb, of the county of Wayne;
Joel Churchill, George Flower and Archibald Spring, of the
county of Edwards: Joshua Beal, Thomas S. Hinde, Hi-
ram Bell, Doctor Ezra Baker, jr. and Scoby Steward, of
the county of Wabash; and William Daniels and James
Lewis, of the state of Indiana, and all such persons as shall
become stockholders, agreeably to the provisions of this
act, shall be, and they are hereby constituted a body pol-
itic and corporate, in fact and in name, by the name of
"The Mount Carmel and Alton Rail Road Company;" and
by that name, they, and their successors and assigns, shall
and may continue for the term of sixty years, from and af-
ter the passage of this act, and shall and may sue and be
sued, plead and be impleaded, answer and be answered un-
to, in all courts and places whatsoever; and shall have pow-
er to make and use a common seal, and the same to alter

and renew at pleasure: and also to.adopt, establish, and car-
ry into execution, such laws, ordinances and regulations, as
shall, bj its president and directors, be judged necessary or
convenient for the government and management of th^
said company, its officers, agents, superintendents and prop*
erty — and the same to change, alter, repeal, annul, and re-
enact; Prori^ec?, that such laws, ordinances and regulations,
be not contrary to this act of incorporation, the laws and
constitution of the United States, or of the state of Illinois.

Sec. 2. The corporation shall have the right and power Powers cicatec?
to construct, and during its existence, to maintain and con- ^"f' ceded to
tinue, a rail road, with one or more sets of tracks, and with l^^ll corpoia-
such suitable turns out, sidelings, and other appendages, as
may be deemed necessary for the convenient use of the
same — commencing at the Great Wabash river, in the town
of Mount Carmel, in Wabash county, and running thence
on the most eligible and practicable route, as a majority of
the directors of the company shall determine, passing through
Albion, in Edwards county, Fairfield, in Wayne county,
Salem, in Marion county, Carlyle, in Clinton county, and
Edwardsville, in Madison county, to Alton, on the Missis-
sippi river, or as near to said intermediate points as practi-
cable.

Sec. 3. The capital stock of the said corporation, hereby dpi tal Stock,
created, shall be one million of dollars, to be divided into
shares of fifty dollars each, which shall be deemed personal
property, and be transferrable, in such manner as the said
corporation shall direct, by its bye-laws.

Sec. 4. That the persons named in the first section of this Commissioners
act, shall be, and they are hereby appointed commissioners, ^P.P"'"'f'^'°^''^'
whose duty it shall be, within three years from the passage tions. ^'^"'"
of this act, to open books to receive subscriptions to the
capital stock of said corporation, at' such time or times,
and place or places, as they, or a majority of them, shall
think proper — giving notice thereof, at least thirty days
prior to the opening of said books, by publishing the same,
in at least three of the newspapers printed in this state — in
at least one newspaper printed in each of the states of In-
diana and Missouri, and in one or more of the newspapers
printed in the cities of Philadelphia and New York; and
that the said books shall be kept open as long as the said
commissioners, or a majority of them, shall think proper,
or until two-thirds of the capital stock, hereby created, shall
have been subscribed for; and if more subscriptions shall
be taken than the amount of two-thirds of the said capital
stock, it shall be in the power of the said commissioners, or
a majority of theili, to apportion the stock to the subscri-
bers, pro rata.

saS"Ior' o "^' ^^^' ^' '^^^'^^ ^^^^ legislature of this state shall have the
Srcrof"toc"k!'''^^S^^^ °^ subscribing for one-third of the capital stock of the
company created bj this act, and shall have the appointment
of three of the directors, after said subscription shall
have been made — which directors shall be appointed or
elected in such manner as the legislature shall direct bj
law; Provided, that if the legislature shall omit or refuse
to authorise and make such subscription, for the space of
two years after the said company shall have commenced
the construction of the said rail road, then the right to
subscribe shall cease, and the said company may proceed
to dispose of the remaining one-third part of the capital
stock, and cause the same to be subscribed for and paid in,
in -such manner as the directors shall, by the bye-laws of
the company, direct.
Amount to be Sec. 6. There shall be paid to the commsssioncrs, at the
paid at time of time of Subscribing, the sum of five dollars on each and ev-
su sen ing. g^,^ share subscribed, to be paid over to the directors of the
company when elected; and whenever two-thirds of the said
capital stock shall have been subscribed, and distribution
made thereof, as aforesaid, or as soon as one thousand shares
of the said stock shall be taken, it shall be the duty of the
said commissioners, or any five of them, to give public no-
tice, in the manner directed by the fourth section of this
act, for the opening of the books of subscription, that a
meeting of the stockholders will be held at Carlyle, in the
county of Clinton, for the election of nine directors; and
such election shall then and there be made by such of the
stockholders as shall attend, either in person or by proxy.
Each share of the capital stock shall entitle the owner or
holder to one vote, cither personally or by proxy. Any
three or more of the said commissioners shall be inspectors
of the first election of directors of said compemy, and shall
certify under their hands, the names of those duly elected,
by a plurality of votes given, and deliver over the subscrip-
tion money, books and papers, to said directors: and the
time of holding the first meeting of the directors, shall be
fixed by the said commissioners.
Term of serv- Sec. 7. The first directors to be elected shall hold their
ice of directors. Q^jf^gg until the first Monday in May ensuing their election,
and until others shall be elected; and every election of di-
rectors thereafter, shall be held annually, at such place as
shall be fixed by the bye-laws, on the first Monday in May,
in each and every year — notice of the same being first giv-
en, in such manner as the bj^e-laws shall direct. Every
election shall be held under the inspection of three stock-
holders, not being directors, who shall be previously appoint-
ed by the board of directors. All elections shall be by

ballot, and a plurality of votes given, either personally or
by proxy, shall constitute a choice. No stockholder shall
be elisfible to the office of director, unless he shall own to

'to

the amount of at least one hundred dollars of stock in the
said corporation. In case an equal number of votes should
be gfven for any two or more directors, the remainder
of the directors shall, by ballot, determine which of said
persons, so having an equal number of votes, shall be entitled
to a seat at the board.

Sec. 8. In case it should so happen, that an election for
directors shall not be made, on any day when, pursuant to
this act, it ought to have been made, the said corporation
shall not, for that cause, be dissolved; but such election
may be held at any other time, directed by the bye-laws of
the corporation, within ninety days after the day on
which it should have been held, and the directors shall con-
tinue to act until a new board shall be elected.

Sec. 9. The said directors, or a majority of them, may p^^^ „f direct-
supply any vacancy occurring in the interval between the ors.
annual elections, by the death,^ resignation, removal, or re-
fusal to act, of any president or dii'ector; and may appoint
a treasurer, a secretary, and all other officers, engineers,
superintendents and servants, that may be required to
trtmsact the business of the company, with such compensa-
tion as they may determine upon, and may exact fromthem
such security for the due performance of their respective
duties, as they may think expedient. The said directors,
so soon as convenient after their election, shall elect one of
their number to be the president of the board of directors,
whose duties shall be defined by the bye-laws of the corpo-
ration.

Sec. 10. The said corporation is hereby empowered to ^^y "Purchase
purchase, receive and hold, such lands and real estate, as ggtate" ^ ^^^
may be necessary and convenient for the accomplishing the
objects for which this act of incorporation is granted; and
may, by their agents, surveyors, engineers, and other per-
sons in their employ, enter upon, and take possession of, and
use all such lands and real estate, and materials, as may be
indispensable for the construction and maintenance of their
rail road and appendages, and the accommodations and ap-
purtenances required and appertaining thereto. And it
shall be lawful for the said president and directors, their
agents, engineers, superintendents, or others in their em-
ploy, to enter at all times, upon all lands and water, to
M^homsoever they may belong, for the purpose of exploring,
surveying, leveling or laying out any proposed route or
routes for the said rail road, and to erect all necessary em-
bankments, works and appendages of the said survey, and

make such marks and monuments to indicate and perpetu-
ate the hues and description of the said route or routes, do-
ing no unnecessary injury to private or other property, and
being liable for damages to the owner of any such lands or
property for any injury that may be done thereto; and may
also acquire and hold and possess, by purchase, devise, or vol-
untary grant from the general or state government, or from
any corporation, company, individual or individuals, any
lands and real estate within this state, to aid in the construc-
tion, maintenance and accommodation of said rail road,
completely vesting in the said corporation, absolutely in fee
simple, the same with powder and authority in lav^^ to pledge,
mortgage, bargain and sell, and convey the same, to aid in
carrying into full effect the intents and objects of this act of
incorporation; Provided^ that the lands to be held by this
corporation, during the time of the existence of this charter,
shall be confined to such lands only as are indispensably ne-
cessary for the construction and maintenance and accommo-
dation of the said rail road and appendages, not exceeding
three hundred feet on each side of the centre line of the
said rail road, and such other flats of lands as shall be neces-
sary for the erection of ware houses, engine houses, work-
shops, stables and other buildings, on the route and at the
termination of the said rail road; and all other lands and
real estate whatsoever,, in any manner howsoever acquired,
shall be sold and disposed of by the said corporation,
within fifteen years from and after the passage of this act;
and no other lands and real estate shall be afterwards ac-
quired by the said corporation; but all lands and real estate
entered upon for materials or for the road way, which are
not donated or owned by the company, shall be purchased
by the corporation of the owner or owners thereof, at a
price to be agreed on mutually, by the company and the
owner or owners. In case of a disagreement as to price,
and before taking any materials, or making any part of the
said rail road on said land in controversy, it shall be lawful
for the commissioner, engineer, superintendent, or other au-
thorised person or persons of the said company, to apply to
some justice of the peace, in and Joy the county in which
the lands may be situated, who shall cause five freeholders,
not interested in the lands or materials in controversy, or
in any way likely to come into controversy, to be summoned;
who, being sworn faithfully and impartially to examine the
materials or grounds, to be pointed out to them by the com-
missioner, engineer, superintendent, or other authorised per-
son or persons, and reasonable notice having been given to
the owner or owners of the property, if known, and residing
in the state, said freeholders shall assess the damages which

they shall believe such owner, or owners will sustain, over
and above the additional value which such lands, or other
lands of the same owners in the vicinity, will derive from
the construction of the said rail road, and make a report,
signed by at least a majority of them — one of which they
shall deliver to the commissioner, engineer, superintendent,
or other person or persons, requiring said view and assess-
ments, and the other to the justice of the- peace; and the
amount of damages, if any, and the costs being paid to the
owner or owners, or deposited with the clerk of the circuit
court of the said county, for said owner or owners, the road
may be forthwith located, constructed, and materials taken,
without any let or hindrance by the said owner or owners,
their heirs or assigns; and the circuit court of the proper
county, acting and sitting as a court of chancery, in case no
appeal is taken as hereinarfter provided for, may order and
direct a conveyance of the land, so indispensable and neces-
sary to the construction and accommodation of the said
rail road, to be made to the said corporation. If either
party shall be dissatisfied with the valuation, where
lands are in question, an appeal may be taken in thirty days,
to the circuit court of the county in which the lands are
situated, by petition, setting forth the facts of the case — de-
scribing the land^s and the premises, and the necessity of
such lands for making and maintaining said rail road and
appendages, and the attempt and failure to purchase the
same, with the name and residence of the owner or owners
of the same, if known, and the reasons why the purchase
cannot be made; and the circuit court aforesaid, acting and
sitting as a court of chancery, shall direct such notice to the
owner and parties, as shall be deemed reasonable, of the
time of hearing the parties; Provided, that in case the ap-
pellee shall have seven days' notice of the taking of the ap-
peal, no farther notice shall be necessary, but said court shall
proceed to hear and determine said case as speedily as prac-
ticable; and upon proof of the service of notice of the ap-
peal, and upon hearing the testimony of the parties, (which
may be taken orally or by deposition,) it shall make such
order and decree in the premises, as to it may seem proper
and equitable; and may either increase or diminish the
amount of damages assessed, or reject said petition alto-
gether; and shall also make such order for the payment of
costs, as shall be just and proper. It shall also order a con-
veyance of the land in controversy to be made to the cor-
poration, when the decree of the court shall be complied
with on the part of the corporation. Whenever said order
and decree shall be fully complied with on the part and be-
half of the said corporation, it shall be possessed of the land

in controversy, and may enter upon and take possession of,
and use the same for the purposes of the said road. Where
a difficulty shall arise as to the value of materials, which
may be needed to construct said work, or the amount of
damages done by the agent of the company, passing through
said land, in collecting materials aforesaid, there shall be
no appeal to the circuit court: but in case the parties or
either of them, shall be dissatisfied, and it shall appear to
the justice that it is right and necessary to justice, he may
set aside the first valuation, {Provided the same shall be done
in three days after the return of the report of the freehold-
ers,) and appoint five other commissioners, being freehold-
ers, to appraise and value the materials or damages last
aforesaid, whose award in the premises shall be final, and
who shall apportion the costs as may appear just, on one
or both of the parties.

Sec. 11. In case any married women, infant, idiot, or in-
sane person, or non-resident of the state, who shall not ap-
pear after such notice, shall be interested in any such land
or real estate, the circuit court, or justice of the peace, shall
appoint some competent and suitable person to appear be-
fore said freeholders, or commissioners, or said circuit court,
and act for and in behalf of such married woman, infant,
insane person, idiot, or non-resident of the state.
To be surveyed Sec. 12. The said'prcsidcnt and directors shall causc such
examinations and surveys for the said rail road to be made,
as may be necessary to the selection by them, of the most
advantageous line, location, course or way, for the said rail
road, on the route set forth in the second section of this act;
and shall, after such examinations and surveys shall be made,
select, and by certificates under their hands and seals, or
under the hands and seals of a majority of them, designate
the line, location, course or way, which they, or a majority
of them, shall deem most suitable and advantageous for said
rail road — a copy of which certificates shall be filed in the
office of the secretary of state of this state, to be by him
recorded and preserved, at the cost and charges of the cor-
poration— which line, location, course or way, so selected,
certified, filed and recorded, shall be deemed the line, loca-
tion, course or way, on which the corporation shall construct,
erect, build or make the rail road contemplated by this act.
Commence- ^EC. 13. When the route, line, location, course or way,

ment. of the said rail road, or of any division, section, or portion

thereof, shall be determined upon, as provided for in the
preceding section, it shall be lawful for the said company,
by its officers, agents, engineers, superintendents, contract-
ors and workmen, to enter upon the said line, or location of
the road, and to erect embankments, bridges, viaducts, cul- .

verts and all other works necessary to lay rails thereon, and
to do all other things which shall be suitable and necessary
for the effectual completion of the said road. And so soon as
the said road, or any division, section, or portion thereof,
shall be completed and ready for use, the said corporation
are hereby authorised and empowered to procure and place
cars and carriages thereon, for the purpose of transporting
persons, and every description of property thereon; and
may use any description of power or powers for traction on
the said road, that they may deem most useful, safe and ex-
pedient. The president and directors shall, by rules and
regulations, to be adopted and published from time to time,
regulate the time of departure and arrival of cars and car-
riages, the rate of speed or travel on the said road, the de-
scription of cars or carriages to be employed, the weight of
load for each, and all and every matter and thing necessary
for the safety and accommodation of persons and property,
to be by them transported on the said rail road: and the
said corporation shall be liable for the acts and doings of
their officers, agents, and other persons in their employ,
and engaged in the transportation of persons and property
on the said road, in like manner as all common carriers are
liable in law.

Sec 14. The said corporation is hereby authorised to I^o^ses aiui
transport persons and property on the said rail road, and *" ^'^'^^' *^"
shall have power to erect and maintain toll houses, ware-
houses, engine and carriage houses, work-shops, and other
necessary buildings, for the accommodation of their concerns;
and from time to time to fix, regulate, demand and receive,
the tolls and charges to be by them received, for the trans-
portation of persons and property, and for the storage of
merchandise and other property, placed under their charge:
Provided,, that the nett tolls and charges after deducting the
amount of all costs and expenses, in maintaining the said
rail road and appendages, and a reasonable allowance for
the wear and tear of the same, and of the carriages and
cars used thereon; the wear and tear of buildings and bridg-
es, and their insurance against accidents by fire; and also
all incidental charges of transportation and' officers, and
servants of the company, shall not exceed twelve per cent,
per annum, on the capital invested by the said corporation,
for any ten years taken together.

Sec. 15. Five directors of the said corporation shall form Quoium.
a board; and they, or a majority of them, shall be compe-
tent to transact all the business of the corporation. And
it shall be lawful for said directors to require payment of the
sums to be subscribed to the capital stock, at such times and
in such proportions, and on such conditions, as they shall

deem fit and right, under the penalty of the forfeiture of all
previous payments thereon, and shall give notice of the
payments thus required, and of the place and time AA'here
and when the same are to be paid, at least twenty days pre-
vious to the day of payment, in some newspaper printed in
this state, nearest to the route of the said road; and they
are authorised and required to receive new subscriptions to
any of the capital stock not previously taken and subscrib-
ed for, under such regulations as they shall prescribe by the
bye-laws, and to give notice thereof, at least thirty days pre-
vious to opening the books to receive such subscriptions.
Rivers & high- Sec. 16. Whenever it shall be necessary for the construc-
^^i^ys- tion of the rail road, to intersect or cross any stream ot

water, or water courses, or any road or highway, between
the places mentioned in the second section of this act, for
the commencement and termination of said road, it shall
be lawful for the corporation to construct said rail road
across the same; but the corporation shall restore the said
stream, or water course, or road, or highway, thus intersect-
ed, to its former state, or in a sufficient manner not to im-
pair its usefulness.

Sec. 17. The said corporation may, at their option, con-
struct their bridges, viaducts, and causeways, of sufficient
width to admit of the passage of the common road travel;
and may demand, take and receive, such reasonable toll for
the passage of persons, wagons, vehicles, and stock, over the
said causeways, bridges or viaducts, as may be fixed by the
said corporation, and printed and posted up at some con-
spicuous place, on or near the said structures or causeways.
May imite with Sec. 18. It shall be lawful for any rail road company
oilier compa- "which uow is, or maybe hereafter incorporated bv the
legislature of this state, or for the state of Illinois, to join
and unite with the rail road to be constructed under the
provisions of this act, a rail road at any point or points
which may be thought advisable, and upon such terms as
the directors of this company, and of the other, or the state
of Illinois, may respectively and mutually agree upon; and
in case of a disagreement concerning the terms as aforesaid,
then upon such terms as the circuit court of the county in
which such connection of the two roads is proposed, sliall,
upon a full hearing of the facts and circumstances of the
case, determine to be, equitable and jusf between the par-
ties.

Sec. 19. If any rail road company, which now is, or may
hereafter be incorporated, or if the state of Illinois shall
construct a rail road on the route from Shawneetown to Al-
ton, via Mount Vernon, in Jefferson county, or via Carlylc,
or its vicinity, in Clinton county, before the company, here-

hy created, shall have constructed the part of the road au-
thorised by this act, on that portion of the route thereof,
then it shall be lawful for the directors of this corporation
to enter into an agreement with the said company, or with
the state of Illinois, which shall have so pre-occupied the
route of the rail road hereby authorised to be constructed
thereon, to connect the eastern section of their rail road
with the said rail road previously constructed, at some con-
venient point for such connection; and the corporation
hereby created, shall be exonerated from any and all liabil-
ity to construct so much of the rail road contemplated by
this act, as lies between said point of connection and the
borough of Alton, on the Mississippi river.

Sec. 20. The whole of the stock of the corporation shall Stock deeined
be deemed personal property, and together with all tools, I'eisonai prop-
implements, machinery, and apparatus of every description,
used and employed, or on hand and belonging to the said
company, shall be liable to be seized, executed and sold, af-
ter judgment or decree, to make good any contrtict, agree-
ment or stipulation, made by any agent, superintendent, or
other authorised person or persons of said company; and it
shall be a sufficient service of process or notice, in all cases,
to leave a copy of the same with the president of the board
of directors, or the secretary of the company, or any di-
rector thereof, in case of the absence of the president or
secretary, from this state.

Sec. 21. It shall and may be lawful for the president and Authorized to
directors of this corporation, to borrow money, from time b°"°^^' •"""^3'-
to time, for the sole purpose of constructing the rail road
hereby authorised to be made, and to pledge the property of
the corporation, real, personal and mixed, for the re-pay-
ment thereof, with the interest thereon accruing; Provided,
that if the state shall become a joint stockholder in said cor-
poration, only two-thirds of the property belonging to said
corporation, shall be so pledged; and the share or interest
which the state shall acquire in the said property, or corpo-
ration, shall in no event be pledged or mortgaged, without
the consent of the legislature, first had and obtained.

Sec. 22. At the expiration of thirty years from the com- Powers resting
pletion of said road, the legislature of the state may cause "'Jt'^ 'he State
an appraisement of the said road, and the appendages there-
of, to be made by six persons, three of whom shall be cho-
sen by the legislature, and three by the said corporation,
who, or a majority of them, shall report the value thereof
to the governor, within one year from the time of their ap-
pointment; or if they cannot agree, they shall choose a sev-
enth person, who, with the six, or a majority of the whole,
shall report as aforesaid: or in case the said comoanv shall

refuse or neglect to appoint three persons, within two nionthss
after the said appointment by the legislature, then the three
persons so appointed by the legislature, shall proceed to
make such appraisement, which shall be binding on the cor-
poration; and thereupon the state shall have the privilege for
two years, of taking said road and its appendages, and prop-
erty, upon the payment to the company of the amount of
the^said reported value thereof, within one year after electing
to take said road — which report shall be tiled in the office of
the secretary of state of this state; and upon such payment,
the whole property and interest of said road and appenda-
ges thereof, shall be vested in the state of Illinois.
When to be Sec. 23. If this road shall not be commenced within five

coinmeiiced and years, from the passage of this act, and completed within
completed. ^^^^ ycars thereafter, this act shall be void: Provided^ that if
the company shall be deprived of the right of constructing
the westerly division thereof, in consequence of the pre-oc-
cupancy of the route by some other company, or by the
state, as contemplated in the hineteenth section of this act,
a construction of the eastern division thereof, from Mount
Carmel to the intei'section of the said prior-constructed road,
shall be deemed a completion of this road as contemplated
by this section.

Sec. 24. This act shall be deemed and taken as a public
A public act. ^ct? and as such shall be taken notice of, by all courts of
justice in this state, vt^ithout the necessity of pleading the
same, and shall be in force from and after its passage.

Approved, Jan. 16, 1836.

In force Jan. •^'^ JlCT to incorporate the Wabash and Mississippi Union Rail
18, 1836. ' Road Company,

Skc. 1. Be it enacted by the people of the state of Illinois,
Company in- represented in the General Assembly^ That all such persons
corpoiated as shall hereafter become stockholders in the incorporation
hereby created, shall constitute a body corporate and politic,
by the name of "The Wabash and Mississippi Union Rail
Road Company;" with povi^er to construct a single, double,
or treble rail road or way; from such points at the eastern
boundary line of this state, as Avill admit of connecting it
with the western termination of any similar rail road, or way,
from the town of Lafayette, or from any other point in the
state of Indiana, at the eastern boundary line of this state,
and thence to the town of Danville, in the county of Ver-

inilion; thence to the town of Shelbyville, in the county of
Shelby, in said state of IlHnois; and thence to such point on
the river Mississippi, as shall be determined by said compa-
ny, after a survey shall have been made of the route, to be
the most eligible, proper, and convenient point therefor, with
power to transport, take, and carry, property, and persons
upon the same, by the power and force of steam, of animals,
or of mechanical or of other power, or any combination of
them, for the term of fifty years from the passage of this act.

Sec. 2. The said corporation, by the name and style Powsi-s of the
aforesaid, shall, for the term aforesaid, have continued g^c- "^^'P"^^""""
cession, and shall be capable in law and equity, to sue and
be sued, and to plead and be impleaded, in all manner of
actions whatsoever; and may have and use a common seal,
and alter the same at pleasure.

Sec. 3. If the said corporation, hereby created, shall not, When to com-

.., . r r j_i i-ji • i. 4.U mence and

withm five years irom the passage ot this act, commence the complete said
construction of the said rail way, and spend, within two road,
years thereafter, the sum of forty thousand dollars thereon;
and shall not, within ten years from the passage of this act,
construct, finish, and put in operation, one-fourth part of the
said rail way; and shall not, within fifteen years from the
passage of this act, construct, finish, and put in operation,
one-half of the said rail road or way; and shall not, within
twenty years from the passage of this act, complete, and
put in operation the whole of the said rail road or way; or
in the event of the failure of the company to construct the
parts of the said rail road, within either of the times above
specified, then the rights and powers of the said corporation,
under this act, shall be null and void.

Sec. 4. The capital stock of the said corporation shall Capital stock,
be four hundred thousand dollars, which shall be divided
into shares of two hundred dollars each, which shall be
deemed personal property, and shall be transferable in such
manner as the said corporation shall, by bye-laws, direct.
The capital stock of the said corporation, may at any time May be in-
hereafter, be increased to a sum not exceeding two millions
of dollars, if the same shall be deemed necessary by the di-
rectors of the said corporation, to the completion of the
said rail road; and the same may be subscribed for and ta-
ken, under the direction of such persons as the directors
shall, for that purpose, appoint: and whenever they shall
direct one or more books to be opened for such purpose, the
same shall and may be taken in such manner as the said ,
board of directors shall have, for that purpose, appointed.

Sec 5. That for the purpose of carrying into execution Commissioners
so much of the provisions of this act, as relates to the first *<? °P^" ^°°}^^

1 • . c 1 T 1 T-w iTri . • 1 r -xr ••''" suDscnption

subscription of stock, John D. Whiteside, oi Monroe coun- for stock.

ty; William W. Rowan and A. W. Snyder, of St. Clair
county; Benjamin Bond and John Scott, of Clinton county;
Milton K. Alexander, of Edgar county; Jesse B. Thomas,
of Sangamon county; John Vance, of Vermillion county,
and John D. Wood, of Washington county, be, and are
hereby appointed commissioners, whose duty it shall be,
within the period of twelve months after the passage of this
act, at some suitable place, to open books, to receive sub-
scriptions for the capital stock of said corporation; — and
tvventy days' public notice shall be given by said commis-
sioners of the time and place of opening such books, in one
or more of the public nevi^spapers printed in this state; and
a majority of the commissioners shall constitute a board to
receive subscriptions- — which books shall be closed as soon
Payment of as said capital stock is subscribed. The commissioners
stock shall receive no subscriptions, unless one dollar on each

share, shall be paid at the time of subscribing. So soon as
said capital stock is subscribed, and books closed, the com-
missioners present, shall give notice for a meeting of the
stockholders, at such time and place as they shall appoint,
Directors, eiec- to choose five directors: and such commissioners are hereby
tion of. appointed inspectors of such election; and such election

shall be then and there made by such of the stockholders
as shall attend for that purpose, in person or by proxy — each
share of the capital stock entitling a stockholder to one vote
on such share; and said commissioners shall certify under
their hands the names of the persons duly elected, and de-
liver over the subscription books, together with all moneys
by them received for subscriptions, to the directors, so
chosen.
Duties of piesi- ^^c. 6. The said directors shall have power to appoint
dint ant' divect- one or more engineers, to cause such examination and sur-
'''■^' veys for said rail road, as may be necessary to the selection

of the most advantageous line or lines, for the location of
said road: and the said directors shall, after such examina-
tions and surveys shall have been made, select, and by cer-
tificate under their hands and seals, designate the line,
course or way, they may deem most advantageous for said
rail road, which certificate shall be filed in the office of the
secretary of state of this state — which said line, course, or
way, so selected and certified, shall be deemed the line,
course, or way, on which the said corporation shall con-
struct, build and make, their single, double or treble rail
road, as hereinafter mentioned.
Single track. gj,^^ 7^ ^\^q Company hereby incorporated, shall first
j^s cous luc - ^Qj^gtr^ct, lay down and complete, one line or track of said
road, on the route aforesaid, and shall convey either passen-
gers or materials thereon, before they shall lay down the

rails of any part or portion of the second line or track, of
said road.

Sec. 8. The directors chosen as aforesaid, shall, as soon as Directors to
may be, after every election, choose out of their own num-*;''°°^^ apresi-
ber, a president, who shall preside until the next annual
election thereafter, and until another president shall be cho-
sen: and in case of the death or resignation of the presi-
dent, or of any director, the vacancy thus occurring may
be filled for the remainder of the year in which they may
happen, by the board of directors; and in case of the ab-
sence of the president, the board of directors shall have
power to appoint a president, pro tempore, who shall have
and exercise such powers and functions as the bye-laws of
the said corporation may provide.

Sec. 9. In ca.se it should at any time happen that an dec- Election, when
tion of directors shall not be made on any day, when, pur- ^^^'^•
suant to this act, it ought to have been made, the said cor-
poration shall not, for that cause, be deemed to be dissolv-
ed, but such election may be held at any other time within
ninety days thereafter.

Sec. 10. The said directors shall have power to appoint "lowers of ap-
a secretary and treasurer, and all subordinate officers of ^°'"""^'
said corporation — fix their compensation, define their pow-
ers, and prescribe their duties, — who shall give such bonds
in such penal sums, with such conditions, and with such se-
curities as the directors shall prescribe, and shall hold their
offices during the pleasure of a majority of such directors.
Said directors may also make, ordain, establish, and put in
execution, such bye-laws, ordinances, and regulations, as
may be necessary for the efficient and prudent management
of the affairs and objects of the said corporation. No bye-
laws, ordinances or regulations of the same, shall be in any
wise contrary to the constitution and existing laws of this
state, or of the United States.

Sec 11* The first directors to be chosen shall hold their rr e
omces until the nrst Monday oi JNovember, eignteen hun- ice of directors,
dred and thirty-seven, and until others shall be chosen; and
ever thereafter, on the first Monday of November, in each
and every year, at such time and place as the said directors
shall appoint — giving twenty days' previous notice, in the
manner prescribed for giving notice by the commissioners
for the opening of the books. Every election shall be held
under the inspection of three stockholders, not being direc-
tors, who shall be previously appointed. x\ll elections shall
be by ballot, and a plurality of the votes given, shall con-
stitute a choice. In case of an equal number of votes for
any two or more directors, the remainder of the directors
shall determine who shall be entitled to a seat at the board.

Borrow money, gj,^^ 12. Said corporation are authorised and empowered
to borrow, from time to time, such sum or sums of money,
as in their discretion may be deemed necessary, not exceed-
ing two-thirds of the full amount of their capital, to aid in
the construction of said work.
Purchase and Sec. 13. The corporation is hereby empowered to pur-
hoid real estate, chase, receive and hold, such real estate as may be necessa-
ry and convenient in accomplishing the object for which
this incorporation is granted; and may, by their agents, en-
gineers and surveyors, enter upon, and take possession of,
and use all such lands and real estate, as may be necessary
and indispensable for the construction and maintenance of
their single, double or treble rail road, and the accommo-
dations requisite and appertaining thereto; and may also
Voiunta.iy receive, hold and take all such voluntary grants and dona-
giants. tions of land and real estate, as shall be made to the said

corporation, for the purposes aforesaid, to aid in the con-
struction, maintenance and accommodation of the said sin-
gle, double, or treble rail road. But all lands or real estate
thus entered upon, which are not donated, shall be purcha-
sed by the said corporation, of the owner or owners of the
same, at a price to be mutually agreed upon, between them: •
and in case of a disagreement as to price, and before
making any portion of said road, on such lands, the said
corporation, or owners of said lands, may apply by petition,
to the judge of the circuit court of the county in which
such lands may lie — particularly describing the land to be
appra.ised — who, upon such application, shall cause such no-
tice to be given to the other party, as shall be deemed prop-
er and sufficient — appointing therein the time and place of
hearing the parties; at which time and place, upon proof
that the notice directed has been given, said judge shall
prescribe the manner of ascertaining the damage which the
owner of said land or real estate, will sustain, by the occu-
pation thereof, of said corporation; and the said judge shall
appoint three competent and disinterested commissioners,
■ who shall be freeholders, and residents of the county in
which the lands described in the said petition, are situated;
and who shall, under the direction of the said judge, make
appraisement, and determine said damages, and report in
writing, under their hands, to the said judge, who shall ex-
amine the same, hear the parties in relation thereto, if he
should deem it expedient, and increase or diminish the dam-
ages, if he shall be satisfied that injustice has been done.
The report shall contain a minute and accurate description
of the land appraised. The commissionejs shall be allowed
three dollars for their services, per day, upon proof to the
judge aforesaid, to be made within thirty days after his de-

termination of payment to the owner, or of depositing to
the credit of the owner, in such incorporated monied insti-
tution as the said judge shall direct, of the amount of said
damages, and the payment of all expenses attending such
appraisement. The said judge shall make an order or de-
cree, particularly describing the land; and reciting the ap-
praisement of damages, and the mode of making it; and all
other facts necessary to a compliance with this section of
this act: and when the said order or decree shall be record-
ed in the office of the recorder of the county in which such
lands may be, the said corporation shall be seized and pos-
sessed of such lands, or real estate, and may enter upon and
take possession, and use the same, for the purposes of said
road.

Sec. 14. In case any married woman, infant, idiot, or in-
sane person, or non-resident of this state, who shall not ap-
pear after such notice, shall be interested in any such land
or real estate, the said judge shall appoint some competent,
disinterested person, to appear before the said commission-
ers, and act for and in behalf of such jDersons, in this section
named.

Sec 15. It shall be lawful for the said corporation to unite May unite with
with any other rail road company, which may be already in- °\ ^"^ compa-
corporated by this state, on any part of the route or track
aforesaid, of said road; or with any company incorporated,
or to be incorporated, in the state of Indiana, or in any other
of the United States, for the making of a continuation of
the said rail road, or any other rail road, from the state line
of Illinois to the town of Lafayette, in the state of Indiana,
or to any other point in the state of Indiana, on the Wabash
river, and thence to any other point in the said state of Indi-
ana, or other state of the Union, upon such terms as may
be agreed upon by the directors of said company.

Sec. 16. Said corporation is hereby authorised to con- To construct a
struct, erect, build, and make and use a single, double or tre- R'l"'^"*'^'
ble rail road or way, of suitable width and dimensions, to
be determined by said corporation, on the line, course or
way, designated by the directors as aforesaid, as the line,
course and way, whereupon to construct, erect, build and
make the same; and shall have power to regulate the time
and manner in which goods and passengers shall be trans-
ported, taken and carried on the same; and shall have pow-
er to erect and maintain toll houses, and other buildings and
appendages, for the accommodation of their concerns, as
they may deem suitable for their interests.

Sec l7. Whenever it shall be necessary for the construe- Constructed a-
tion of their single, double or treble rail road, to intersect '^^'°^* water-

, ^ /• J courses or

or cross any stream oi water, or water course, or any road, highways.

Persons ob-
structing said
load.

or highwiiy, it shall be lawful for the said corporation to con-
struct their way or ways, across or upon the same; after
which the corporation shall restore the stream, or water
course, or road, or highway, thus intersected, to its former
state, or in a sufficient manner not to have impaired its use-
fulness.

•Pojjg^ Sec. 18. It shall be lawful for the company hereby incor-

porated, from time to time, to fix, regulate and receive, the
tolls and charges by them to be received, for the transport-
ation of property or persons, on the single, double or treble
rail road or way aforesaid, hereby authorised to be con-
structed, erected, built, made and used, and to take and re-
ceive tolls upon any point of said route, whenever, and as
fast as sections of five miles are fully completed.

Sec. 19. If any person shall wilfully do, or cause to be
done, any act or acts whatever, whereby any building, con-
struction or work of the said corporation; or any engine,
machine, or structure, or any thing appertaining to the same,
shall be stopped, obstructed, impaired, weakened, injured,
or destroyed, every ^person so offending, shall be deemed
guilty of a misdemeanor, and shall forfeit and pay to the
said corporation double the amount of damages sustained by
means of such offence or injury, to be recovered in an action
on the case, in the name of the said corporation, with costs
of suit, before any justice of the peace, or before anj- court
of record in this state.

Sec. 20. It shall be lawful for the directors to require
payment of the sums subscribed, or to be subscribed to the
capital stock, at such times, and in such proportions, and
on such conditions, as they shall deem fit, under the penal-
ty of the forfeiture of such stock, and of all previous pay-
ments thereon; and they shall give notice of the payments
thus required, and of the place and time when the same
are to be paid, ninety days previous to the payment of the
same, in the pubhc newspaper published at the seat of gov-
ernment in this state, and at such other place or places as
the said directors may deem proper.

Public act. Sec 21. This act shall be deemed a public act, and shall

be construed liberally in all courts within this state, for all
the beneficial purposes therein intended; and all printed
copies of the same, which shall be printed by, or under the
direction of the general assembly, shall be admitted as good
evidence thereof, in the courts aforesaid, without any other
proof whatever: and this act shall take effect, and be in
force, from and after its passage.

Appkoved, Jan. 18, 183G.

Payment of
stock.

AJ\'' ACT to incorporate the Sangamon Fire Insurance ^i» foi'<^e Jan.
Company. ^^' 1^^^'

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That John Taylor, John
Williams, George Passfield, James Bell, Samuel Morris, N. Inc°^P°^-ati«"»
A. Rankin, Joseph Klein, Thomas Houghan, Samuel H.
Treat, Ninian W. Edwards, Elijah lies, and their associates,
successors, and assigns be and they are hereby incorporated
into a body corporate, and politic, by the name and style
of the Sangamon Fire Insurance Company, to have contin- po„,g^.s of (.or-
uance, for and during the term of twenty years from and poiation
after the passage of this act; and by such corporate name
and style shall be for the term aforesaid, able and 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, plaints, causes, matters
and demands, of whatsoever kind and nature they may be,
in as full and effectual a manner, as any person or persons,
bodies corporate and politic may do: may have a common
seal which they may revoke and alter at pleasure, and may
purchase, hold and convey any estate real or personal, for
the use of said company: Provided, that said corporation
shall not at any one time, hold real estate, exceeding the '^'°'^'^'^-
value of five thousand dollars, excepting such as may be ta-
ken for debt, or held as collateral security for money due to
said company.

Sec. 2. The capital stock of said company, exclusive of Capital Stoc\.
premiums, notes and profits arising from business; shall be
twenty-five thousand dollars, and shall be divided into
shares of fifty dollars each: — fifty per centum of which
shall be paid in money, within six months after the first
meeting of said company, and the residue in money to
be paid, twenty-five per centum thereof in twelve months,
and twenty-five per centum in eighteen months from and af-
ter said first meeting, under such penalties as the president
and directors may in their discretion, order and appoint.

Sec. 3. 'The said capital stock may be hereafter increas- ^^f
ed to an amount not exceeding two hundred thousand dol-
lars, should a majority of the stockholders deem it advisa-
able; and the additional stock to be subscribed, and fifty per
centum thereof paid in within twelve months after said com-
pany shall have commenced operations. The said stock
shall be deemed personal property, and assignable and trans-
ferable on the books of said corporation; but no stockholder
indebted to the corporation, shall be permitted to make a
transfer, until such debt be paid or secured to the satisfac-
tion of the directors.

Sec. 4. John Taylor, John Williams, George PassfieM,
Comiuissloiiers James Bell, Samuel Morris, N. A. Rankin, Joseph Klein,
Thomas Houghan, Samuel H. Treat, Ninian W. Edwards,
and Elijah lies, arc hereby appointed commissioners for pro-
curing subscriptions to said capital stock, and said commis-
sioners or a majority of them shall open one or more sub-
scription books for said stock, on such days, and at such
places as they shall deem expedient; and shall give at least
thirty days public notice of such times and places, in one or
more of the public newspapers, published at each of said
places; the said subscription books shall be kept open until
the whole of the stock shall have been taken: and the sum
of one dollar on each share subscribed for, shall be paid to
the said commissioners, at the time of making such subscrip-
"tion, and as soon as said stock shall be subscribed, or sooner
if required by the board of directors, the said commission-
ers shall deliver over to said board of directors said subscrip-
tion books, and shall pay over to said board, the whole
Pi-ovjso amount of money severally received by them: Provided, al-

ways, that said board of directors may at any time that they
may desire to do so, appoint other persons as commissioners
to obtain subscriptions, to act in conjunction with the com-
missioners hereby appointed.
In what man- ^^*^' ^' ^^ shall be lawful for the president and directors
ner payment of to require payment of the sums subscribed to the capital
sums subscribed stock, at such times and on such conditions, and in such pro-
emace portions, as they shall deem fit, under such forfeitures as
they shall prescribe, and, they shall give notice of the pay-
ments thus required, and of the time and place where and
when, the same are to be paid, at least ninety days previous
to the time specified for such payments in some news-
paper, published in this state and in each of the places
where the books of the company may have been opened for
the subscription to the capital stock.
Towers granted ^'^'^' 6. The Said company shall have power and authority
to make insurance against fire, flood, or other destructive el-
ement, on vessels, freight, money, goods, and effects, and on
any dwelling houses or other buildings, merchandise or other
property within the United States, on such terms and condi-
tions, as may be agreed upon by the parties, and fix the
premium and terms of payment; and all policies of insur-
ance, by them made shall be subscribed by the president, or
in case of his death, sickness or inability to act, or absence,
by any two of the directors, countersigned by the secretary
of the company, and sealed by him and shall be binding,
and obligatory upon said company and any losses duly aris-
ing, under any policy so subscribed, and sealed, may be ad-
justed and settled by the president and board of directors,
and the same shall be binding on said company.

Sec. 7. The stock, property, affairs, and concerns of said
company, shall be managed by nine directors, one of whom
shall be president thereof and who shall hold their offices for
one year and until others are chosen and no longer; and who
shall at the time of their election be citizens of this state,
and holders respectively of not less than ten shares of the
capital stock of said company. All elections for directors Election of di
for said company, shall be held on the first Monday in June vectors.
of every and each year, at such time of the day, and in
such place in the town of Springfield, as a majority of the
directors for the time being shall appoint, of which election
public notice shall be given by publication for at least ten
days in the newspaper printed in, or nearest to the said
town of Springfield; and said election shall be made by bal-
lot by a majority of the stockholders present, allowing one
vote to each share in the capital stock: Provided, that no pioviso
stockholder shall be allowed more than thirty votes, and the
absent stockholders may vote by proxy under such regula-
tions as the said company shall prescribe, and if through any
unavoidable accident, said directors should not be chosen on
the first Monday of June as aforesaid, it shall be lawful to
choose them on any other day in the manner herein provided,
and it shall be the duty of the secretary of said company,
at any time upon application in writing, of the pro^irietors
of twenty per centum of the capital stock, to call a meeting ^^^^''"g®
of the stockholders, to be holden at such time and place in
Springfield, as they shall direct, for the purposes mentioned
in such application, by giving like notice thereof as is herein
required for the election of directors.

Sec. 8. The directors when chosen, shall meet as soon as Directors, when
may be after every election and shall choose one of their ^'^'^^®'^-
own body a president, who shall be sworn or affirmed faith-
fully to discharge the duties of his said office and shall pre-
side for one year, and in case of the death, resignation or
inability to serve of the president or any director, such va-
cancy or vacancies shall be filled for the remainder of the
year in which they happen, by a special election for that
purpose, to be held in the same manner as herein before
directed, respecting annual elections of directors.

Sec 9. The president and four of the directors, or five ^"°i'"™
directors, in the absence of the president, shall be a board
competent to the transaction of business, and all questions
before them shall be decided by a majority of votes and they
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, prop-
erty, estate and effects of said company and the transfer of
the shares; and touching the duties and conduct of the sev-

eral officers, clerks and servants employed, and the election
of directors and all such matters as appertain to the business
of insurance, and shall also have power to appoint a secre-
tary and as many other officers, clerks and servants, for car-
rying on said business, as may to the said board seem meet,
and to fix the salaries and wages of the officers and servants
Froviso ^^ said company: Provided, always, that such by-laws, rules

and regulations, shall not be in violation of the constitution
or laws of the United States, or of this state.

Sec. 10. Any two or more of the persons named in this

r'l . ,.r ,v. act, are hereby authorised to call a mectine: of said compa-
Elect'0 1 ol di- S -1 , • -^ ,1 r , 1 ^. '■

rectors. ^y, by advertismg the same lor two weeks, m some newspa-

per printed in Springfield or by written notices posted up
for that length of time in five of the most public places in
said town, for the purpose of electing their first board of di-
rectors; and said directors when elected shall choose a pres-
ident as herein before provided, and shall continue in office
until the first Monday of June next ensuing, and until oth-
. ers shall be chosen in their stead: Provided hozveve?; that this

charter shall be void and of no effect unless put into opera-
tion agreeably to its provisions and terms, within eighteen
months after the passage of this act, and Provided ahv, that
the said company shall not take any risk, nor subscribe any
policy by virtue of this act, until one moiety of the capital
stock of said company shall have been actually paid in.
Sec. 11. It shall be the duty of the directors of said comr
Djrectors to pany, at such time as the by-laws thereof shall prescribe,
make ivi en s ^^ j^akc dividends of so much of the interest arising from
the capital stoclcand the profits of said company, as to them
shall appear advisable ; but the money received and notes
taken for premiums of risk which shall be undetermined and
outstanding, at the time of making such dividends, shall not
be considered as part of the profits of said company: and
in case of any loss or losses, whereby the capital stock shall
be lessened, before all the instalments are paid in, each pro-
prietor's or stockholder's estate shall be heldaccountable for
the instalments that may remain unpaid on his share or
shares, at the time of such losses taking place and no subse-
quent dividend shall be made, until the sum arising from the
profits of the business of said company, equal to such dimi-
nution, shall have been added to the capital; and once in
every three years and oftener if required by a majority ol
the votes of the stockholders, the directors shall lay before
the stockholders at a general meeting an exact and particu-
lar statement of the profits, if any there be, after deducting
losses and dividends,
deal in ^^^* ^^* Said company shall not directly or indirectly,
goodl%are,'otdeal or trade in buying any goods, wares, merchandise or

commodities whatever; and the capital stock of said com- meichaudUe.
pany, collected at each instalment, shall within six months
thereafter, be invested, either in the stock of the United
States' bank or in any of the incorporated banks of this
state, Indiana, Kentucky, Ohio, Mississippi, or New York,
or either or all of them, in such proportion as shall be most
for the interest of said company, at the discretion of the
president and directors of said company or of such other ' .
person or persons, as said company shall for such purpose at
a meeting appoint: Provided however^ that the president and Proviso
directors of said company shall have power to loan to any
citizen of this state, any portion of their capital stock not
exceeding one half on respondentia or bottomry; Provided Proviso,
however, that the sum loaned on any one bottom at any one
time, including the sum insured in any other way upon the
same bottom, shall not exceed ten per centum upon the cap-
ital stock of said company; nor shall the same be loaned,
but with the assent of three fourths of the directors of said
company and such loan, together with the assent aforesaid,
shall be entered at large upon the records of said company,
and shall be laid before the stockholders at their next meet-
ing following the loan; and it shall be in the power of the
directors of said company, in case they shall deem it more
for the interest of said company than any of the investments
above described, to loan any portion of the capital stock
aforesaid, not exceeding two thirds of the whole amount to
any person or persons within this state, either on mortgage
on real estate within this state or on pledges of the public
stocks of the United States, or of the bank of the United
States, or of any other bank incorporated by authority of
this state, or any of the states above mentioned.

Sec. 13. That in case of any loss or losses taking place,
which shall be equal to the amount of the capital stock of
said company, and the President and directors, after know-
ing of such loss or losses having taken place, shall subscribe
to pay any policy of insurance, their estates jointly and sev-
erally shall be accountable for any and every such loss which
shall take place, under policies so subscribed, and the es-
tate of the stockholders as aforesaid, shall be liable for any
losses equa,l 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.

Sec 14. Said insurance shall be kept and located in the
town of Springfield.

Sec. l5. The president and directors of said company,
shall, previous to subscribing to any policv, and once in ev- ^"lo"^' o''

^, i^i- I • * r J.I *^ • J. J ■ stock to be pub-

cry year alter, publish m two ot the newspapers prmted m ihhed

this state the amount of their capital stock, against what

risk they mean to insure and the largest sum they mean to

take on any one risk.

President and Sec. l6. The president and directors of said company

Directors to lay gi^all when, and as often as requested by the legislature of

?u1ra^tatement this statc, lay before them, a statement of the atfairs of said

company and submit to an examination concerning the same

under oath.

Sec. 17. This act is hereby declared a public act, and
Deemed a pub- shall take eflect from and after its passage; and shall be lib-
lie act. erally construed for every purpose herein contained: the
said corporation shall not be dissolved, nor this charter for-
feited for, or by reason of any errors, omissions or irregular-
ities of the said company or its agents: Provided .uhvays,
that such errors, omissions or irregularities, shall not be in
violation of any of the provisions of this act: and Provided
also, that nothing in this act shall be so construed, as to in-
Proviso ^^^^^ ^^^'^ company with any banking powers, or to author-
ise them to make, emit or utter any bills of credit, bank
notes, promisory notes, or other thing to be used as a circu-
lating medium, as, and in lieu of money.

Approved, Jan. 7, 183C.

T r I AA'^ ACT to incorporate the Warsazo, Peoria and Wabash

In force Jan, -^ Wt -i rt i j-^

14. 1836, liail Koad Company.

Com an in- ^^^' ^' ^^ ^^ enacted by the people of the State of Illinois,
co"poratJd'" represented in the General Assembly^ That Mark Aldrich,
James Montague, Walter Bagby, David Matthews, B. F.
Marsh, Francis Vorics, Augustus O. Garrett, Cyrus Leland,
Andrew Gray, John Dedman, John C. Caldwell, Anson
Deming, William S. Mans, James Allen, John S. Moore,
Joel Wright, Isaiah Still man, Myron Phelps, Thomas W.
Clark, James M. Campbell, Cyrus Walker, and such other
persons as may associate with them for that purpose, be,
and they are hereby constituted, a body politic and corpo-
Nameand style rate, by the name of the "Warsaw, Peoria and Wabash
of incorpora- j^^^j| j^^^^^ Company," for the purpose of constructing a
rail road from Warsaw, on the Mississippi, in Hancock
county, by the way of Carthage, in said county, Macomb,
in Macdonough county, to Peoria, on the Illinois river, in
Peoria county; thence to Mackinawtown, in Tazewell coun-
ty; Bloomington, in McLean county, to a suitable point on
the line dividing the states of IlUnois and Indiana, in a di-

rection to the termination of the Erie and Wabash Canal ; —
to transport, take, and carry property and persons upon the Powers,
same, by the power and force of steam, of animals, or of
any mechanical or other power, or by a combination of
them, which the said corporation may choose to employ;
and by that name, they, and their successors, shall be, and
hereby are vested with the right and privilege of construct-
ing and using the said road, for the purposes aforesaid, from
and to the points comprised within the limits before men-
tioned, and may have succession, and shall be persons in law
capable of contracting and being contracted with, suing
and being sued, pleading and being impleaded, in all courts
of law and equity, and in all manner of actions; and that
they and their successors may have a common seal, and may
change and alter the same at their pleasure.

Sec. 2. That if the said corporation, hereby created, Completion,
shall not construct or finish any part or parts of said road,
as they may select, and put in operation the same, within
ten years from the passage of this act, then the said corpo-
ration shall thenceforth and forever cease, and this act be
null and void.

Sec. 3. The capital stock of said company shall be one Capital Stock
hundred and fifty thousand dollars, with liberty to increase
the same, from time to time, by new subscriptions, 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 divided into shares of one hun-
dred dollars each, which shall be deemed personal property,
and transferable in such manner as the said corporation
shall, by law direct.

Sec. 4. That Mark Aldrich, James Montague, vV alter Commissioners
Bagby, B. F. Marsh, David Matthews, John Dedman, appointed tore-
Francis Vories, Augustus O. Garret, Cyrus Leland, Andrew ^^^^^^ ^" *'^"^'
Gray, John C. Caldwell, Anson Doming, William S. Mans,
James Allen, John S. Moore, Joel Wright, Isaiah Stillman,
Myron Phelps, Thomas W. Clark, James M. Campbell and
Cyrus Walker, shall be commissioners, the duty of whom,
or a majority of them, it shall be, at some suitable place in
Philadelphia, New York and Baltimore, and in the towns
of Warsaw, Carthage, Macomb, Peoria, Chicago, Bloom-
ington, in the state of Illinois, or at such of said places as
the said commissioners may deem necessary, to open books,
to receive subscriptions to the capital stock of said corpo-
ration, and to do such other things, as in their opinion is
best calculated to get the said stock taken up. Sixty days
public notice shall be given by said commissioners of the
time and place of opening said books, in one of the public
newspapers in or near each of said places. The commis-

Election of di
rectors.

sioners shall receive no subscriptions unless one dollar on
each share subscribed, be paid at the time of subscribing.
And as soon as the capital stock shall be subscribed, to give
a like notice for a meeting of the stockholders, to choose
five directors: and such election shall be made at the time
and place appointed, by such of the stockholders as shall
attend for that purpose, either in pei'son or by lawful proxy —
each share of the capital stock entitling each stockholder to
one vote. And the said commissioners shall be inspectors
of the first election of directors of said corporation, and
shall certify under their hands the names of those duly elect-
ed, and deliver over the subscription books to the said direc-
tors. And the time and place of holding the first meeting
of the directors, shall be fixed by the said commissioners.
Duties of dhec- And the directors to be chosen at such meeting, or at such
"'''^* annual election, shall, as soon as may be after every elec-

tion, choose out of their number, one president, and one other
person to be vice president; and in case of the death, resigna-
tion, or removal of the president, vice president, or of any di-
rector, such vacancy or vacancies may be filled for the re-
mainder of the year, whenever they may happen, by the di-
rectors: and in case of the absence of the president and vice
president, the board of directors shall have power to ap-
point a president, pro tempore, who shall have and exercise
such povi^ers and functions as the bye-laws of the said cor-
poration may provide.

Sec. 5. It shall be lawful for the directors to require
payment of the sums subscribed to the capital stock, al such
times, and in such proportions, and on such conditions, as
they shall deem fit, under the penalty of the forfeiture of all
previous payments thereon; and shall give notice of the
payments thus required, and of the place and time, where
and when the same are to be paid, at least ninety days pre-
vious to the payment of the same, in some public newspa-
per of this state, and in the several cities where the books
of the company may have been opened for subscriptions to
the capital stock.

Sec. 6. That in case it should at any time happen that

an election of directors shall not be made, on any day on

which, in pursuance of this act, it ought to be made, the

said corporation shall not, for that cause, be deemed to be

dissolved; but such election may be held at any other time,

directed by the bye-laAvs of said corporation.

Fowers deiega- Sec. 7. That five of the directors of said corporation

ted to Directors shall form a board; and they, or a majority of them, shall

be competent to transact all the business of the corporation :

and they shall have full power to make and prescribe such

bye-laws, rules and regulations, as to them shall appear need-

Payment of

slock.

Elsction.

ful and proper, touching the management and disposition of
the stock, property and effects of said corporation — the
transfer of shares; and touching tlie duties and conduct of
their officer:- and servants, and the electing of directors; and
all other matters whatsoever, which may appertain to the
concerns of the said corporation; and also shall have power
to appoint a secretary, and as many clerks and servants as
to them shall seem proper; and to establish and fix such sal-
aries and allowances to them, and also to the president and
vice president, as to the said board may appear proper.

Sec. 8. That the said corporation be, and they are here- Examination
by authorised, by their agents, surveyors and engineer?, to '"' "^^^ys
cause such examinations and surveys to be made of the
ground lying within the aforesaid limits, prescribed by the
first section of this act, as shall be necessary to determine
the most advantageous route for the proper line or course,
whereon to construct their said road: and it shall be lawful
for the said corporation to enter upon, and take possession
of, and use all such real estate as may be indispensable for Lands not do-
the construction and maintenance of their said road, and "^^gg^j*°^j^^|]Q'j
the accommodations requisite and appertaining to them;
and may also hold and take all such voluntary grants and
donations of land and real estate, as shall be made to the
said corporation, to aid in the construction, maintenance,
and accommodation of their said road; Provided, That all proviso
lands and real estate thus entered and taken possession of,
and used by said corporation, and which are not donations,
shall be purchased by said corporation, of the owners of the
same, at a price mutually agreed upon between them ; and Damages.
in case of disagreement as to price, it shall be the duty of
the governor of this state, upon a notice given him by the
said corporation, to appoint three commissioners, who shall
be persons not interested in the matter to be determined by
them, to determine the damages which the owner or own-
ers of the land or real estate so entered upon by the said
corporation, has or have sustained by the occupation of the
same; and upon the payment of such damages, together
with the costs and charges attending the appraisement, by
the said corporation — the commissioners being allowed three
dollars per day, while thus employed; or upon the said cor-
poration depositing in [the] treasury of the county in which
the land lies, the amount of said damages, together with the
costs and charges aforesaid, to the credit of the person or
persons to whom the commissioners may have awarded them,
the said county treasurer shall give notice to such person or
persons, by letter, of such deposite being made by the said Corporation,
corporation; then the, said corporation shall be deemed to ^^^^^^"J*^'^®!? ^
be seized and possessed of the fee simple of all such lands lands^

or real estate, as shall have been appraised by the said com-
missioners; and it shall be the duty of said commissioners,
or a majority of them, to deliver to the said corporation a
written statement of the award or awards they shali make,
with a description of the land or real estate appraised, to
be recorded by the said corporation, in the clerk's office of
the county in which the land or real estate may be: that in
Lands of Feme case any owner or owners of land or real estate so apprais-
coveit, Infants ^^^ gj-jj^^^ |-,g femes covcrt, under age, or non compos men-
"on^pormentS tis, or out of this State, then, and in that case, the said cor-
poration shall pay the amount which shall have been award-
ed as due, to the last mentioned owners, respectively, when-
ever the same shall be lawfully demanded, together with in-
terest, at the rate of six per cent, per annum.
Locating, con- ^Ec. 9. That the said corporation be, and they are here-
tiactjng, and by authorised to construct, and use, a road of suitable width
compietlngsaid j^j^fj jjj^^jjgiQjjs^ to bc determined by the said corporation,
'°^^' within the limits prescribed in the tirst section of this act;

and shall have power to regulate the time and manner in
which goods and passengers shall be transported, taken and
carried on the same; as well as the manner in which they
Toll gianted ^^^^^ collect all tolls and dues, on account of transportation
and carriage; and shall have power to erect and maintain
toll houses, and other buildings, for the accommodation of
their concerns, as they may deem suitable to their interests,
and to collect lolls as soon as any part thereof shall be fin-
ished.

Sec 10. That the president and directors of said com-
Corpoiation, pany (if it shall be so decided by a full majority of all the
powers of. stockholders therein voting, as above provided,) shall cause
to be constructed, a double or single rail road, or way, along
the same route, as they may think proper, which shall be
subject to the same rules and regulations as herein provi-
ded.
Road to inter- ^^0. 11. That whenever it shall be necessary, for the
sect, or cross construction of their rail road, to intersect any stream of
water course or ^g^^gj.^ o^ water course, or any road, or highwaj-, between
ig ^\a3. ^^^^ places mentioned in the second section of this act, it

shall be lawful for the corporation to construct said rail road,
or trackway, across or upon the same; but the corporation
shall restore the stream, or water course, or road, or high-
way, thus intersected, to its former state, sufficiently so, as
not to obstruct its navigation, or usefulness, in any respect
whatever.
Litese tin Skc. 12. It shall be lawful for any rail road company

other roads. which may hereafter be incorporated, to join and unite with
the rail road or track way hereby created and incoi'porated,
at any point at which the directors of the company, hereaf-

ter lo be created and incorporated, may think advisable,-—
on such terms as the directors of the two companies may,
respectively, agree upon; and in case of a disagreement be-
tween the directors of the two companies, then, upon such
terms as the circuit court of the county in which the inter-
section may be, shall, upon a full view and hearing of all
the facts connected with the case, determine to be equitable
between said companies.

Sec. 13. That if an v person or persons shall wilfully do, Obstructing sM
or cause to be done, any actor acts wnatever, whereby any
building, construction, or W'Ork of the said corporation; or
any engine, machine, or structure, or any matter or thing,
a;ppertaining to the same, shall be stopped, obstructed, im-
paired, weakened, injured, or destroyed, the person or per-
sons so offending, shall forfeit and pay to the said corpora-
tion double the amount of the damages sustained by means
of such offence or injury, to be recovered in the name of said
corporation, with costs of suit, by action of debt, to be
brought before any court of record in this state, or before
any justice of the peace in the counties w^here such injuries
may have accrued; and the person or persons so ofiending,
shall be deemed guilty of a misdemeanor, and liable to fine
and imprisonment.

Sec. 14. That this act shall be deemed a public act, and ^ p^,I,|;^ ^^t
shall be benignly and favorably construed, for the purposes
therein expressed and declared, in all courts and places
whatsoever.

Approved, Jan. 14, 1836.

AX ACT to Incorporate the Wavcrhi and Grand Prairie i2a«7i'^'*"'"ce IGth
^ r, J r^ Jan,. 1836.

Koad Company. '

Sec 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That J. R. Sims, Elihu corporated. •
Walcott, B. Gillit, John P. Wilkinson, Samuel M. Prosser,
John Wyatt, Joel Catlin, INIatthew Cyrus, John Challen,
John Wright, J. S. D. B. Salter, and their associates, suc-
cessors and assigns, are hereby created a body corporate and
politic, under the name and style of the "Waverly and
Grand Prairie Rail Road Company," and by that name may
be, and hereby are made capable, in law and equity, to sue ,
and be sued, plead and impleaded, defend and be defended,
in any court, or courts of record, or in any other place : to

Proviso.

Capital stock

Directors.

Election.

Powers defined

make have 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 necessary to carry into effect the purposes and
objects of this act, as hereinafter set forth. And the said
company are hereby authorised and empowered, to locate,
construct, and finally complete, a rail road, commencing at
or near the town of Jacksonville, in Morgan county; thence
in a south east direction, to the town of Waverly, in said
county of Morgan; thence to intersect the Alton and Spring-
field rail road, at any place upon which said commission-
ers may agree, and deem most expedient; and for this pur-
pose said company are authorised to lay out their said road,
at least six rods wide, through the whole length; and for the
purpose of cutting embankments, stone, and gravel, may
take as much more as may be necessary for the proper con-
struction, and security of said rail road: Provided, all dam-
ages that may be occasioned, to any person or corporation,
by tbe taking of such land or materials, for the purposes
aforesaid, shall be paid for by the company, in the manner
hereinafter provided.

Sec. 2. The capital stock of said company, shall consist
of five hundred thousand dollars, to be divided into shares
of one hundred dollars each. The immediate government
and direction of the ajQfairs of said company, shall be vested in
nine directors,who shall be chosen by the members of the com-
pany in the manner hereinafter provided; who shall hold
their offices for one year, and until others shall be duly e-
lected, and qualified to take their places as directors. And
the said directors, a majority of Avhom 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 pres-
ident 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 company,
"with securities to the satisfaction of the directors.

Set;. 3. The president and directors for the time being,
are hereby authorised and empowered, by themselves or
their agents, to examine all the powers and authorities here-
in granted for the purpose of locating, constructing and
completing said rail road, and all such other power and au-
thority for the management of the affairs of said company,
not heretofore granted, as may be necessary to carry into
effect the objects of this grant; to purchase and hold lands,
materials, and other necessary things, in the name of the
company for the use of the road, to make such equal assess-
ments from time to time, on the shares in said company, as
they may deem expedient or necessary, in the progress and

execution of the work, and direct the same to be paid to the
treasurer of said company; and the treasurer shall give no-
tice of all such assessments. The board of directors shall
have power to adopt rules and bye-laws, regulating the man-
ner and time of payment, of all assessments they may order,
under such penalties as they may deem proper.

Sec. 4. Said company shall be holden to pay all damages Liabilities,
that may arise, to any person or persons, corporation or cor-
porations, by taking their land, stone, or gravel, for the use
of said rail road, when the same cannot be obtained by mu-
tual agreement; to be estimated and recovered in the man-
ner provided by law for the recovery of damages happening
by the laying out of highways.

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

Sec. 6. If any person shall wilfully, maliciously, or wan- Persons wiifui-
tonly, and contrary to law, obstruct the passage of any carl^'^'"'^|^"^?°"^'
on said rail road, or any part thereof, or any thing belonging said road. " °
thereto, he she, or they, or any person assisting, shall forfeit
and pay to said company, for every such offence, treble 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 offenders shall be deemed guilty of
a misdemeanor, and liable to indictment, in the same man-
ner as other indictments are found in any county or counties
where such offence shall have been committed; and upon
conviction, such offender shall be liable to a fine not ex-
ceeding five thousand dollars, for the use of such county
where such indictment may be found, or may be imprisoned
not exceeding one year, at the discretion of the court before
whom the conviction may be had.

Sec. 7. Said company shall construct their said rail road Rivers and
across creeks, rail roads, turnpikes, and other public ways, so ^ighhways.
as not to hinder, obstruct, or interfere, with the passage and
free use of such public ways; and if said rail road shall not
be so constructed, it shall be lawful for the persons agrieved,
to abate the same, in the same manner as is now provided by
law, for the removal of obstructions to public ways.

Sec. 8. The time of holding the annual meetings of said Meeting,
company for the election of directors, shall be fixed and de- .
termined by the bye-laws of said company; and at all meet-
ings each stockholder, shall be entitled to vote in person or

Commissjoneis
to open sub-

by proxy duly authorised, one vote for each share, he, she,
or they may hold, bona fide, in said stock.

Sec. 9. That, J. R. Sims, Elihu Woolcott, B. Gillit,
John P. Wilkinson, Samuel M. Prosser, John Wyatt, Joel

scription'books. Catlin, Matthcw Cyrus, John Challen, John Wright, and J.
S. D. B. Salter, arc hereby appointed commissioners to
open subscription books for the stock of said company; said
commissioners, or a majority of them, are hci'eby authorised
to open subscription books for said stock, at such places as
they may deem proper, and shall give at least thirty days
notice of the time and place when and vs^here such books
will be opened; and shall keep the same open for five days,
unless the whole amount of capital stock, authorised by this
act, shall be subscribed in less time than the said five days.
And they shall require each subscriber to pay five dollars on
each share subscribed, at the time of subscribing; and at the
termination of said term of five days, or sooner if the whole
amount of capital stock shall be subscribed, said commis-
sioners shall call a meeting of the stockholders, by giving

Directors how ten days notice in some 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 are chosen, the said
commissioners shall deliver said subscription books, together
with all sums of money received by them as such commis-
sioners, to said directors: Provided, ihai no election shall be
held, until the whole amount of capital stock shall have been
subscribed as provided in this act; and, provided further, that
each director, shall, at the time of his election, hold at least
five shares, in the capital stock of said company.

Sec. 10. Said board of directors shall have power to make
ordain, and establish, such bye-laws, rules, and regulations,
and ordinances, as they may deem expedient and necessary
to accomplish the purposes, and carry into eft'ect the provis-
ions of this act; and for the well ordering, regulating, and
securing, the interests and affairs of said company: Provided,
the same be not repugnant to the constitution and laws of
the Unrted States, or of this state.

Sec. 11. For the purpose of facilitating the construction
of said rail road, as contemplated and authorised by this act,
the said company is authorised to negotiate a loan, or loans,
of money, to the amount of its capital stock, and to pledge
all of its property, real* and personal, and all of its rights,
credits, and franchises, for the payment thei'eof.

Sec. 12. The said company shall be authorised to loan
any part of its funds, taking any interest thereon that may
be lawful in this state for any individual to receive on mo-
ney loaned.

chosen

Proviso.

Powers of.

Authorized to
horrow monev.

Sec. 13. In case the company shall negotiate the loan
herein authorised, the holders of stock shall never be requi-
red to pay a larger amount upon the stock subscribed, than
will be sufficient to pay the interest on the amount borrowed
and the pi'incipal, as the same may become due and payable :
Provided, that five dollars shall be paid upon each share sub-
scribed, as heretofore required in this act.

Sec. 14. If the said company shall not, within two years Commence-
from the passage of this act, commence the construction of ">ent-
said road, and within four years expend fifty thousand dol-
lars in the construction thereof, and within eight years com-
plete the same; the powers and privileges conferred by this
act shall cease, and become null and void.

Approved, Jan. 16, 1836.

JlJV ACT to incorporate the Rushville Rail Road Company. \^^^q^^^^'

Sec. 1. Be it enacted by the people of the State of Illinois, Incorporation.
represented in the General Assembly, That a corporation is
hereby created for the purposes mentioned in this act; and
all persons who shall become holders of the stock of this
company, pursuant to this act, shall be, and they are hereby
constituted, a body politic and corporate, by the name of
the "President and Directors of the Rushville Rail Road
Company;" and by that name shall be competent to con- p . . .,
tract and be contracted with, sue and be sued, plead and be incoipoiatiou,
impleaded, answer and be answered unto, defend and be de-
fended, in all courts and places, and in all matters whatso-
ever.

Sec. 2. The said corporation is hereby empowered to Further pow-
construct a rail road from Rushville, in Schuyler county, to ers.
the Illinois river; and to take, transport and carry property
and persons upon the same, by any power which the said
corporation may choose to employ: and by this act the said
corporation are hereby vested with the right and privilege
of locating the ground for said rail road, for a double or sin-
gle track, in the first instance, and having the damages in
regard to the same, assessed in the manner hereinafter pro-
vided for.

Sec. 3. That if the corporation hereby created, do not. Road to be con-
within seven years from the passage of this act, construct stmcted.
and finish, and put in operation, the said road, then the said
corporation shall thenceforth and forever cease.

Sec. 4. That John Scripps, Hart Fellows, Josiah Par-

Commissioners i-ett, Jolin T. Worthingtoii, James McCroskey, Richard
LTeceh^'''' Dougherty, Joseph Bunton, Jesse M. M'Cutcheon and Ralph
subscriptions. Hurlbut, are hereb}^ appointed commissioners, the duty of
whom, or a majority of them, and a majority of the succes-
sors of them, shall, at some suitable place in Rushville, and
in St. Louis, and in such other cities, towns and places, as
the said commissioners, or the said majority of the survi-
vors, may determine upon, and at such times as they may
appoint, open, or cause to be opened, books to receive sub-
scriptions for the shares of the stock of said corporation,
at one hundred dollars a share, for such number of shares,
not exceeding fifteen hundred, as the said commissioners, or
said majority of them, or said majority of the survivors of
them, may fix upon and determine; and to do such other
things, as in their opinion, may be best calculated to get
said stock taken up. At least thirty days' public notice
shall be given by said commissioners, or said portion of
them, of the time and place of the opening of the said books,
in one of the public newspapers in each of the said places.
No subscription shall be received, unless at least one dollar
on each share subscribed, be paid at the time of subscrip-
tion. And if the whole of the said shares shall not be ta-
ken within tvi^enty days after the books shall have been open-
ed, as aforesaid, the said commissioners, or said portion of
them, shall open other books, on such days, at such places, as
they shall deem expedient, giving at least twenty days no-
tice of the time and place of re-opening said books, in one or
more newspapers, printed at or near the place of re-opening
said books.
To be surveyed Sec. 5. That the Said commissioners be, and they are
hereby authorised, by their agents, surveyors and engineers,
to cause such examinations and surveys to be made, of the
ground from Rushville to any point or points on the Illinois
river, as they may think proper, to form an estimate of the
cost of making the said rail road.
Directors, pow- Sec. 6. The stock, property, and concerns of the said
ers of. corporation, shall be managed and conducted by nine direc-

tors, being stockholders, and citizens of this state: but five
of the directors of said corporation shall form a board, and
they, or a majority of them, shall be competent to transact
all the business of the said corporation; and they shall have
full power to make and prescribe such bye-laws, rules and
regulations, as to them shall appear needful and proper,
touching the management and disposition of the stock,
property, estate and privileges and effects of the said cor-
poration— the transfer of shares; and touching the duties
and conduct of their officers, agents, and servants, and the
election of directors, and all other matters whatsoever,

which may appertain to the concerns of the said corpora-
tion: and also shall have power to appoint a secretary, treas- To appoint of-
urer, and as many clerks, agents and servants, as to them *^^^^' ^s*="*^-
shall seem meet, and prescribe their duties; and to estab-
lish and tix such salaries and allowances to them, and also
to the president, as to the said board shall appear proper.

Sec. 7. As soon as the directors shall have been chosen, . .

and the commissioners hereby appointed and authorised to ^ deHvev books
act, shall have been notified of their election, they shall pay and moneys to
over the whole amount of subscriptions, severally paid to, diiectors.
and received by them, into the hands, or to the order of the
president and directors of the said corporation: Provided,
That if, on closing the books, it shall be found that more
than the number of shares prescribed by the said commis-
sioners, have been subscribed, the excess shall be taken first
from such as reside out of the state, then from corporations;
and should there still be an excess, the same shall be taken
in proportion, from the remainder, as nearly as may be con-
venient, until all are reduced to the proper amount.

Sec. 8. The election of dii^ectors under this act, shall be Election of dl-
held at such time and place, in the town of Rushville, in rectors.
said county, as shall be dircQtcd by said commissioners, or
said portion, authorised as aforesaid, to act, who are hereby
appointed inspectors of the first election; and the persons
then elected as directors, shall hold their offices for one year,
and until others are elected.

Sec. 9. The directors for every subsequent year shall Annual eiec-
be elected by the stockholders, cither in person or by proxy, *^""^
each share authorising one vote, at an election to be held
from time to time, in the said town of Rushville, under the
direction of the bye-laws; and shall hold their offices for one
year, and until others are elected in their stead.

Sec. 10. All elections shall be by ballot, and the nine per- Election to be
sons who shall have the greatest number of votes, shall be the by ballot
directors: and if at any election two or more persons have
an equal number of vo.tes for directors, then the directors
who shall have been duly elected, shall proceed, by ballot,
and by a plurality of votes, determine the election from
among those having an equal vote. And any vacancy that
may happen from any cause among the dii-ectors, may be
supplied, for the time being, by the bye-laws, or by the re-
maining directors, or a majority of them.

Sec. 11. The directors elected, as soon as may be after To choose a
their election, shall proceed to choose, by ballot, one of their piesident.
number to be president, who shall preside in the board un-
til the next annual election : and in case of his death or re-
signation, they, or such portion of them as may act as afore-
said, may proceed to fill the vacancy occasioned thereby, for

Payment of
slock.

Powers vested
to Company.

Pio\ iso.

Damages.

Power to ex-
tend, &c.

the residue of his term; and in any case of the absence of
the president, the directors present at any meeting of the
board, may elect a president pro tem.

Sec. 12. It shall be lawful for the directors to require
payment of the sums subscribed to the capital stock, at such
times, and in such proportions, and on such conditions, as
they shall deem fit, under the penalty of the forfeiture of all
previous payments thereon; and shall give notice of the pay-
ments thus required, and of the time and place when and
where the same are to be paid, at least ninety days previous
to the time of payment of the same, in some public newspa-
per of the state, and in the several cities where the books of
the company may have been opened for subscription for
stock, and stock actually there taken.

Sec. 13. That the said corporation be, and they are
hereby authorised, by their agents, surveyors and engineers,
to cause such examinations and surveys to be made, of the
ground and country between Rushville and the Illinois river,
•es shall be necessary to determine the most advantageous
route, for the proper line, or course, whereon to construct
their said rail road. And it shall be lawful for the said cor-
poration to enter upon, and take possession of, and use all
such lands and real estate, as may be indispensable for the
construction and maintenance of their said rail road, and
the accommodations requisite and appertaining to the same;
and may also hold and dispose of such lands as they may
purchase and receive under (he general provisions of the
tirst section of this act; Provided^ That all lands or real
estate entered and taken possession of, and used by said cor-
poration, for the purposes and accommodation of the said
rail road, or upon which the site for the said rail road shall
have been located, or determined, by the said corporation,
shall be paid for by the said corporation, in damages, if any
be sustained by the owners thereof, or would be sustained by
the owners thereof, by the use of the same, for the said rail
road — which damages shall be ascertained by the said cor-
poration in the same manner that they are now ascertained
in the case of public roads, running through the lands of
individuals — some one of the said directors acting in the
stead of the supervisor, in the general road law; and where
the owner or owners of such lands reside out of the state,
the said damages shall be payable on demand, together with
six per centum per annum interest on the same.

Sec. 14. The said corporation is hereby authorised to
determine the width and dimensions of the said rail road,
and the said premises necessary thereto; and .shall have
power to regulate the time and manner in which goods and
passengers shall be transported, taken and carried on the

{Same; as well as the manner in which they shall collect the
tolls, compensation and dues, on account of transportation
and carriage, and how the said rail road shall be used;
Provided, That the nett proceeds of the rail road, as clear P»Qviso
profits, shall not exceed twenty per centum per annum, up-
Oti i\\Q. cost of the same rail road, taking every expense in
and about the same, directly or indirectiy expended.

Sec. 15. That the said county of Schuyler, or state of County of
Illinois, may have power to purchase from the said corpora- gta^e^rnaV°pur-
tion, at any time, said rail road, by paying to the said cor- chase said road
poration the costs of the same, with twenty per centum per
annum interest thereon, or any other less amount, that can'
be mutually agreed upon.

Sec. 16. The expenses incurred by the commissioners Commissionei-s,
in exercising any duties required by this act, shall be paid out how paid,
of the monies received by them from the subscribers, out
of the stock.

Sec. 17. This act shall be taken and received by all Public act.
courts, and by all judges, magistrates, and other public offi-
cers, as a public act; and shall be construed liberally for all
beneficial purposes thcreiu intended; and all printed copies
of the same, which shall be by, or under the authority of
the General Assembly, shall be admitted as good evidence
th3reof, without any other proof whatever.

Skc. 18. All conveyances of real estate, shall be made Conveyances,
and signed by the president of this corporation, and shall how made,
have affixed to the conveyance the seal thereof.

Sec. 19. That if any person or persons shall wilfully do, Penalty for ob-
or cause to be done, any act or acts, whatever, whereby ^'^""'^""S-
any building, construction, or work of the said corporation;
or any engine, machine or structure, or any matter or thing
appertaining to the same, shall be stopped, obstructed, im-
paired, weakened, injured, defaced, disfigured or destroyed,
the person or persons so ofiending, shall forfeit and pay to
the said corporation double the amount of damages sustain-
ed by means of such offence, or injury, to be recovered in
the name of such corporation, with costs of suit, by action
of debt on case, to be brought in any court of record in
this state, or before any justice of the peace in the county
Avherc any such injury may have accrued; and the person
or persons so offending, shall moreover be deemed guilty
of a misdemeanor, and be liable to fine and imprisonment.

Sec. 20. That when the said rail road shall be comple- ^''^ a repo it.
ted, the president and directors shall make out a minute,
full and detailed statement, of the expense of constructing
the same, accrued directly or indirectly; which report shall
be under oath of the president and directors, and shall be
filed in the secretary's office of this state; and from thence-

forth shall annually, when required, make a report unto tlie

baid office, of the clear and nett amount of any annual
r.j. r. „ ji,„ _. •! 1

profit from the rail road.

Approved, Jan. 16, 183G.

To continue 40
years.

13 1835. ''^^"" •^•^ '^^'^ '^ incorporate the PcJa'n and Tremont Rail Road

Company:

Sec. 1. Be it enacted hy the. People of the State of Illinoisj
represented in the General Assembly, That Madison Allen,

Incoiporation, Harlan Hatch, J. I.. James, John H. Harris, George W.
Brodrick and Aronet Richmond, their associates, successors}'
or assigns, shall he, and ai'e hereby constituted, a body cor-
porate, by the name and style of the "Tremont and Pekin
Rail Road Company," and shaU continue for the term of
forty years from, and after the passage of this act: Provided^
that the state of Illinois, or the county af Tazewell shall
have the privileges at the expiration of the period' afore-
said, of purchasing the rail way, and other property author-
ised by this act, to be held by said company at the cost there-
of, and six per centum per annum interest thereon.

Privileges of Sec. 2. The Corporation shall have the right and power to

said corpora- coiistruct, and during its cxistancc to maintain and contin-
"* ue, a single or double rail road or way, or a single or double

track-way, with such appendages, or appurtenances, as. may
be necessary, for the convenient use of the same, from thj&
town of Tremont in Tazewell county, to the banks of the
Illinois river, at the town of Pekin in said county to tran^-
ranspoitatioii p^j.j.^ take and carry, persons and property on the same by
the power and force of steam, of animals, or any mechanic-
al or other power; or a combination of the same, as the said
company shall choose to employ; and by the name aforesaid;
they are vested with the right and privilege, of erecting,
building or making, a single or double rail road or way,
or single or double track-way for the purpose aforesaidy
and the right of using the same, in the manner hereafter
provided.

Commeucment ^^c. 3. If the Said Corporation, hereby created, shall not
within one year from the passtige of this act, commence the
construction of said rail road or way, and within three yeg.rs
from the passage of this act, construct, finish and put in op-
eration the said single or double rail road or way, or track-
way from the river aforesaid, to Tj-emont; then the said
corporation shall forever cease, and this act shall be null and
void.

Sec. 4. The capital stock of said company shall be fifty Capital stock,
thousand doliare, with liberty to increase the same to one
hundred and hfty thousand dollars, to be held in the first in-
stance as follows: to the aforementioned members of the
corporation hereby created jointly, three fourths, and to
such bona fide citizens of Tazewell county, as shall on or
before the first day of March 1836, subscribe for the same,
one fourth of the capital aforesaid; Provided^ that should the Proviso,
entire one fourth part of said stock remain unsubscribed
for:; it shali be allotted to the aforesaid members of the cor-
poration hereby created; books for the subscription of the
citizens of Tazewell county shall be opened at the town
of Tremont in said county on the first Monday of February
1836, and remain open for the period of ten days, the shares
to be in the sum of one hundred dollars each.

Sec. 5. The corporation is hereby empowered, to pur-f^^^'^^^J^y"^*^'*^
chnse, receive and hold, such real estate as may be neces-
sary and convenient for the accomplishing the object for
which this incorporation is granted; and may by their agents,
surveyors, and engineers, enter upon and take possession
of, and use, all such lands and real estate and materials as
may be necessary for the construction and maintenance of
their rail road, or track-way, and the accommodations requir-
ed or appertaining thereto, and may also receive, hold, and
take all such voluntary grants of land and real estate, and
materials, for the purpose of said road, as shall be made to
the said corporation, by the general or state government;
or by any corporation, company, individual or individuals, to
aid in the construction, maintainance, and accommodation
of said rail road, or track-way, completely vesting in said
company and corporation, absolutely in fee simple the same:
but all lands, and real estate thus entered upon for materi-
als or otherwise, which are not donations, or owned by the
company, shall be purchased by said corporation of the
owner or owners; in case of disagreement as to price, and
before taking any materials, or making any part of said
road on said land in controversy, it shall be lawful for the
commissioners, superintendants or other authorised person
or persons of said company, to apply to some justice of the
peace of the county of Tazewell, who shall cause five free-
holders to be summoned, who, after being sworn faithfully
and impartially, to examine the materials or ground to be
pointed out to them by the commissioner, superintendent, or
other authorised person or persons; and reasonable notice
being given to the owner of the property, said freeholders
shall assess the damages which they believe such owner or
owners will sustain, over and above the additional value such
land will derive from the construction of such road, and

make a rcportj signed by at least a majority of them; one
of which they shall deliver to the commissioner, superin-
tendant or other authorised person or persons, requiring said
view and assessment, and the other to the justice of the
peace, and the amount of the damages and costs being paid
to the owner or owners, which shall have been assessed, or
deposited with the justice of the peace, the road may be
constructed, located, and the materials taken; if either par-
ty shall be dissatisfied with the valuation, where lands arc
in question, an appeal may be taken in twenty days, to the
circuit court of the said county of Tazewell, by a petition,
setting forth the facts of the case, describing the lands and
premises, and the necessity of such land for making said
railroad, or track-way; and the attempt and failure to pur-
chase the same, with the name and residence of the owner
of the same, and the reason why the purchase cannot be
made; and the circuit court aforesaid, acting and setting as
a court of chancery shall direct such notice to the owner
and parties, as shall be deemed reasonable, of the time of
Proviso, hearing the parties; {Provided, that in case the appellee

shall have had seven days previous notice of the t.aking of
the appeal: no further notice shall be necessary; but said
court shall proceed and determine said cause as speedily as
practicable) and upon proof of service of notice of the ap-
peal, and upon hearing the testimony of the parties, which .
may be taken orally, or b}^ deposition; it shall make such
order and decree in the premises, as to it may seem proper '
and equitable, and may either increase or diminish the a-
mount of the damages assessed, or reject said petition alto-
gether, and shall also make such order for the payment of
the costs as may be just and proper; it shall also order a
conveyance of the land in controversy, to be made when
the decree shall be complied with, on the part of the corpo-
ration; whenever said order and decree shall be fully com-
plied with on the part and behalf of said corporation; it shall
be possessed of the land in controversy, and may enter upon
and take possession of, and use the same, for the purposes
of said road; where a difficulty shall arise, as to the value of
materials which may be needed to construct said work; or
the amount of damages done to land, by the agents of the
company passing through said land in collecting materials
aforesaid, there shall be no appeal to the circuit court; but
in case the parties, or either of them be dissatisfied, and it
should appear to the justice that it is right and necessary to
justice, he may set aside the first valuation; [Provided the
same shall be done in three days after said valuation) and
appoint five other commissioners to appraise and value the
materials or damages last aforesaid, whose award in the

premises, shall be final, and who shall apportion the cost as
may appear just, on one or both of the parties. In case
any married woman, infant, idiot or insane person, or non-
resident of the state, who shall not appear after such notice,
shall be interested in any such land or real estate; the cir-
cuit court or justice of the peace, shall appoint some com-
petent and suitable person to appear before said commis-
sioners, or said circuit court, and act for and in behalj" ot
such married woman, infant, insane person, idiot, or non-
resident of the state.

Sec. 6. The said corporation is hereby authorised and ^^1^=' to-' 'i°"'

1 , 1 . ji J- 1 ■ I • 1 ses, appoint toll

empowered, to regulate the time and manner in which g.^jjieieis.
goods, passengers, and property, shall be taken and carried
on said rail road or trackway and shall have power to erect
and maintain, toll houses, and other buildings necessary for
the accommodation of their concerns; and from time to
time fix, regulate, demand, and receive, the tolls and char-
ges by them to be received for transportation of persons or
property, on said single or double rail road or way, or said
single or double track-way.

8ec. 7. If any person shall wilfully do or cause to be rcisons ob-
done, any act or acts, whatsocv^er, whereby any building, ^^';^",^^'"ssai<l
construction or work of the said corporation, or any engine, "
machine or structure, or any matter or thing pertaining to
the same shall be stopped, obstructed, weakened, impaired
or destroyed, the person or persons, so olfending shall for-
feit and pay to the said corporation treble the amount oi
damages sustained by means of such offence or injury; to
be recovered in the name of said corporation, with costs of
suit by action of debt, and shall likewise be subject to be
indicted for injuries and ofiences against the property of
said corporation; as for injuries or oiicnces done the proper-
ty of individuals.

Sec. 8. Whenever it shall be necessary for the construe- Raih-oad when
tion of said rail road or track-way, to intersect or cross any P.^f "S "^'er
stream oi water or water course or courses, or any road or
highway, between the places mentioned in the second sec-
tion of this act, it shall be lawful for said corporation to con-
structsaid rail road or track-way across or upon the same, but
the corporation shall restore the streamer water course, or
roads or highway, thus intersected, to its former state, or in
a sufficient manner not to impair its usefulness.

Sec. 9. The corporation created in this act, known by rii^iieges.
the name and style of the "Pekin and Tremont Rail Road
Company" shall have the right to sue in any court of law
or equity in the state, having jurisdiction of the case, and
prosecute the same to judgment and recovery; and to de-
fend when being sued, to plead and be impleaded, both in

law and in chancery; and shall be cnlitled to all (he prlvil*
egcs and rights, which such a corporation by statutes or
common law governing the case, ought and shoiddof right
have, and they may have a common seal, alter and change
the same at their pleasure. The whole' stock of the corpo-
ration aforesaid, shall be deemed personal property, and to-
gether with all tools, implements, machinery, and apparatus
of every description, used, employed, or in hand and be-
longing to the said company, and shall be liable to be seized
and executed, and sold after the judgment or decrees, to
make good any contract, agreement or stipulation, made by
any agent, superintcndant or authorised person or persons
in the employment of said company; and it shall be a suffi-
cient service of process or notice in all cases to leave a copy
of the same with the president of the board of directors or
the secretary of the company, or in case of absence from the
county of Tazewell, to leave a copy of the same at the office
thereof.

Bye-laws j^j,^,^ jQ^ fpj^g company aforesaid shall have power to

make all the regulations and by-laws requisite for the trans-
action of all business appertaining to their affairs; Provided,
such by-laws and regulations are not in contraversion of the
provisions of this act, nor of the laws or constitution of the
United States, nor of the state of Illinois. The corpora-
tion aforesaid shall have power to negotiate for a loan or
loans, in aid of the purposes provided for in this act, to
pledge their capital stock, or other property for the security
thereof; Provided, that said loan do not exceed the amount
of said capital.

Sec. 11. A violation of any of the provisions of this char-
ter, shall forfeit the same, to be determined in due course
. . of law; the books provided to be opened, by the fourth sec-

snb'crip Jmis.'^ ^^ ^'^^^ of this act, shall bc undcr the charge of Benjamin
Mitchell, William Brown; A. N. Denning, Charles Oakley,
and Edward Jones of the county of Tazewell, who shall
receive all subscriptions offered, by bona fide male citizens of

Piovlso. ^^^^ county aforesaid of lawful age; Provided, a greater

number than one hundred and twenty-five shares be sub-
scribed as aforesaid, the said commissioners, shall reduce
the number to bc allotted to each subscriber so that not less
than one share shall be apportioned to each; Provided also,
if a greater number of shares is subscribed for, by a less
number of persons than one hundred and twenty-five; then
the said commissioners shall reduce the shares, pro rata.
Sec. 12. It shall be lawful for the Pekin, Bloomington,

Miiy unite with ^^^ Wabash rail road company to unite their road with the

uies. road hercm contemplated, at the town of iremont, upon

such principles and terms, as shall be adjudged just and

equitable, by the circuit court of Tazewell county whose
decision in the premises shall be linal and conclusive.

ArPROVEi^, Jan. 13, 1836.

AJV ACT to amend an act entitled^ '■^ An act to incorporate the i^^ f„^.pg j^n,
Jacksonville and Mcrcdosia Rail Road Company. 18, 183G.

Sec. 1. Be it enacted by the people of the State of Illinois,
rcpresente.d in the Gencrcd Assembly, That the capital stock Capital Stocit
of the Jacksonville and Meredosia Rail Road Company, shall »'"'==^«^''-
be and the same is hereby increased to three hundred and
fifty thousand dollars.

Sec. 2. For the purpose of facilitating the construction To negotiate a
of the rail road, as contemplated and authorised by the act ?|^p^j^jP,.jy^*^
to which this is an amendment, the said company is author-
ised to negotiate a loan, or loans of money, to the amount of
its capital stock, and to pledge all of its property, real and
personal, and all of its rights, credits, and franchises for the
payment tl ereof.

Sec. 3. The said company shall be authorised to loan any A„ti,oi.i5ed -k,
part of its funds, at any rate of interest allowed to be taken make loans.
by the general laws of the state in relation to interest upon
money, and to take such security for tlic payment thereof,
as may be deemed suiiicient: Provided, that the legislature ,

shall not, within twenty-five years after the completion of
said railroad, restrict said company to a less i-ate of interest
than eight per cent per annum.

Sec. 4» In case the company shall negotiate the loan Stockhoirieis
herein authorised, the holders of stock shall never be requi- "°"°P^y 'J'"''*
red to pay a larger amount upon the stock subscribed,, than
will be sufficient to pa}' the interest on the amount borrov^red,
and the principal as the same may become due and payable: proviso
Provided, that hve dollars shall be pai^d on each share subscri-
bed as required by the act tii> which this is an amendment.

Sec. 5. The said corporation shall pay into the treasury To pay pei- cent
of the county of Morgan, on the first Monday of January °'^ ^^""^^
annually, after the election of directors, as provided by the
act to which this is an amendment, one half per cent, upon
the amount of stock, actually employed by saiid company, as
a. tax, which shall be in lieu of all taxes or assessments upon
the stock and property of said company for state or coimty
purposes. The stock employed by said company shafl be
considered the amount of money expended by the company
(or the uses and purposes herein authorised, which tax shall

"SVhcn to coin,
inence and
complete said
road.

Notic^; and
books to be re-
opeued.

What real es-
tate may be
held.

Piesident and
treasurer to
make allidavit
of the capital
employed.

be paid over to the county school fund of said county, and
shall be applied to the support of schools and for no other
purpose, in the same manner and upon the same terms and
conditions, as the county school fimd of said county, is, or
may be required to be applied.

Sec. C. If the said company shall not within twelve
months from the passage of this act, commence the con-
struction of said road, and within two years expend fifty
thousand dollars, in the construction thereof, and within four
years complete the same; the powers and privileges confer-
red by this act, shall cease, and become null and void.

Sec. 7. As a condition upon which the powers and priv-
ileges conferred by this amended act are granted, it is hereby
declared, that the commissioners appointed to receive the
subscriptions of stock to said company, shall, after giving
thirty days notice in all of the newspapers printed in Mor-
gan county, re-open the books for the subsciiption to the
stock of said compan}^, at some convenient place in Jackson-
ville, and continue the same open for ten days, and receive
subscriptions of stock from the inhabitants of said county of
Morgan, not permitting any person, either directly or indi-
rectly to subscribe for more than ten shares, during the said
period of ten days, and in order more effectually to secure
to the inhabitants of said county, the right to subscribe for
the stock as herein provided, no person shall be permitted
to subscribe for stock within said period, except upon ma-
king oath, that he, or she, is an inhabitant of said county,
and that the subscription of stock desired to be made is, bona
fide, for his or her own use, and not in trust, or for the use
of any other person, which oath may be taken before a jus-
tice of the peace of said county, or either pf^ said commis-
sioners.

Sec 8. The said company shall not be authorised to pur-
chase or hold any real estate, except such as may be requi-
red for the construction of the road, and the convenient use
of the same, and such as may be necessary to obtain tim-
ber, and materials for the construction and maintenance of
said road: and except also, such as may be taken for the
payment of debts due, or purchased at sales under decrees
or executions in favor of said company, and all real estate
taken in payment of debts, or purchased under any execution
or decree, as aforesaid, shall be sold within three years from
the time of purchase, otherwise the same shall be forfeited to
the state of Illinois.

Sec 9. The president or treasurer of said company shall,
on the first day of January annually, make an affidavit before
the clerk of the county commissioners' court, or some justice
of the peace of said county, to the amount of capital cm-

ployed by said company, at the time of making such affidavit
and the tax herein authorised, shall be assessed upon the
amount stated in the affidavit.

"* Approved, Jan. 18, 1836.

AJV ACT to incorporate the Beardstozon and Sangamon Canal In force, Dec.

Company. "^' ^"""^•

Sec. 1. Be it enacted hy the people of the State of Illinois, Company in-
represented in the General Assembly, That Archibald Job, coiiioiated.
Francis Arenz, Thomas Wilbourn and Benjamin Sutton, of
Morgan county; and John Taylor and Charles Bradwell,
of Sangamon county, and all such persons as shall become
stockholders, agreeably to the provisions of this act, are
hereby constituted a body corporate, by the name of the
"Beardstown and Sangamon Canal Company;"' and shall
continue for the term of fifty years, from and after the pas-
sage of this act.

Sec. 2. The corporation shall have the riglit and power Nature and
to construct, and during its existence, to maintain and con- powers of the
tinue, a canal from Beardstown, on the Illinois river, to a jncorporation.
point in township number nineteen north, of range number
seven west, on the Sangamon river; from thence to improve
the waters of said river, by canal or otherwise, through
Sangamon county, into Macon county, as shall or may be
agreed on by said company, to transport, take and carry,
persons and property on the same; to have, hold, use, and
enjoy the same, and the tolls and profits thereof, for and du-
ring the period aforesaid. t

Sec. 3. The capital stock of said company shall be three Capital stock,
hundred thousand dollars, with liberty to increase the same,
from time to time, by new subscriptions, in such manner
and form as they shall thmk proper, if such inci'ease shall
be deemed necessary by the company, to fulfil the intent of
this act; — which said capital stock shall be divided into
shares of one hundred dollars each, which shall be deemed
personal properiy, and transferable in such manner as the
said corporation shall direct.

Sec. 4. That Archibald Job, James Arenz, Thomas ^ . .
Wilbourn, Thomas Beard, Benjamin Sutton, Allen F. Lind- to^^perf^books
sey, John Taylor and Charles Broadwell, are hereby appoint- for subscription
ed commissioners, the duty of whom, or a majority of them, '°'" ^'°'^^"
shall be, within one year after the passage of this act, to
open books, at some suitable place in Beardstown, Spring-

Directovf, clec
tion of.

field and Decatur to receive subscriptions to the capital
stock of said corporation, and to do such other things as in
their opinion is best calculated to get stock taken: thirty
days public notice shall be given by said commissioners of
the time and place of the opening of said books, in one or
more of the public newspapers in each of the said places.
The said commissioners shall receive no subscriptions, un-
less five dollars on each share subscribed, be paid at the
time of subscription; and as soon as the whole of the stock,
or twenty-five thousand dollars thereof, shall be subscribed,
to give a like notice for a meeting of the stockholders, to
choose five directors; and such election shall then and there
be made, by such stockholders as may attend, either in per-
son or by proxy; and persons having the highest number of
votes, shall be duly elected: each share of capital stock,
owned ten days previous to an election, shall entitle the
owner to one vote. The commissioners who receive sub-
scriptions of stock, shall be inspectors of the first election,
and shall certify under their hands and seals, the names of
those elected directors, and deliver over the moneys, books
and papers to said directors. The first meeting of the di-
rectors shall be held at Beardstown, within ten days after
the election.

Sec. 5. That in case the capital stock in whole, or twen-
ty-five thousand dollars thereof, shall not have been sub-
scribed, at the places named in the foregoing section, after
the books have been kept open ten days, then the said com-
missionei's shall be authorised to re-open said books for the
subscription of stock, at such times and places, and in such
manner, and after such notice, and under the direction of
one or more, as a majority of them shall direct. And in
case a greater amount of capital stock shall be subscribed
for, than necessary for a construction of the whole, or such
part of the canal as the directors shall designate, the excess
shall be taken from each subscriber, in proportion to thq
amount subscribed.

Sec. 6. At the first meeting of the directors after an
SoosraFesl- election, they shall choose one of their own body as presi-
dent, dent; and the directors first elected, shall contmue m oflice
until the first Monday in June, next after their election, and
until others are chosen: and elections shall be held annually
thereafter, on the first Monday in June, at such place as the
directors shall designate. Each subsequent election shall
be held under the direction of three stockholders, not being
directors, who shall previously be appointed for that pur-
pose, by the directors. All elections shall be by ballot.
No person shall be a director, who shall not at the time of
the election, own one hundred dollars of stock. In case

Books may be
re-opened, if
necessary.

Directors to

9a -

an equal number of votes shall at any time be given for two
or more persons for director, those having a plurality of
votes shall determine, by ballot, who shall be entitled to the
office.

Sec. 7. In case it shall at any time happen, that no elec-
tion shall be held for directors, at the time required by this
act, the said corporation shall not thereby be dissolved; but
the directors in office shall continue until successors are
elected.

Sec. 8. The said directors shall cause such examina- To be surveyed
tions and surveys to be made, as may be necessary to the se-
lection by them, of the most advantageous line, course, or
way for the said canal, from Bcardstown to such point or place ^

on the Sangamon river, as they shall designate, for the term-
ination of the same; and shall locate the same on the most
advantageous route; and after such location, shall make a
map thereof, and certify under their hands and seals, upon
such map, the courses and distances of the route selected,
describing the land through which it passes, and file "one
copy of such map and certificate with the recorder of each
county through which said canal is intended to pass: and the
said company shall be authorised to construct and make the
said canal on the route so located.

Sec. 9. The said corporation shall have power to pur- hoTd j-e^aTestate
chase, receive and hold, such real estate as may be neces-
sary and useful in the accomplishment of the objects of its
creation; and shall be authorised to have and hold, any and
all lands which may be given, granted or donated to the
same, by the United States, or by any person, or body poli-
tic, a.nd to sell and convey the same. It shall also be au-
thorised to enter upon, and use any and all lands, over and
upon which the said canal may pass, and so much of said
land as may be necessary to the construction of the canal,
and the convenient use and enjoyment of the same; also to
take and use timber, stone, and such other materials as may
be indispensable to the construction and maintenance of said
canal; Provided, That said company shall pay to the owner Proviso.
or owners of land, entered upon and used as aforesaid, the
damages sustained by such owner or owners; and also the
owner or owners of timber, stone, and materials, the value
thereof, before entering upon and taking the same. And if
said company and owner or owners, shall be unable to agree
upon the damages sustained by the entering upon and using
land and real estate, or the value of timber, stone and ma-
terials, such damage, or the value of materials aforesaid,
shall be ascertained under, and according to the provisions
of the act, entitled "An act concerning the right of way,
and for other purposes," approved 28th February, 1833.

3ray use the Sec. 10. The Said company shall be authorised to use the
'^"""'""°""''^' waters of the Sangamon nver, to supply the canal, or
otherwise; and to make such dams or locks as may be ne-
cessary to procure a sufficient quantity of water for the use
of the canal, or otherwise; Proinded, No dam or lock shall
lOMso. |jg constructed across said river, as to injure the navigation

thereof; Jlnd Provided, also, That said company shall be re-
sponsible for all damages sustained by the overflowing of
any lands, by the owner thereof; and also for all damages
sustained by the making dams or locks upon the land of any
person or persons, whatsoever. In case the said canal shall
cross any water course, or public road, the same shall be so
constructed as not to injure the use of such water course, or
• road.

Duties of piesi- Sec. 11. The directors of said Company shall have pow-
djutanc' direct- er to transact all the business of said corporation, and to
"'*■ this end may appoint such agents, clerks and servants, en-

gineers, and other persons, as may be deemed necessary to
attend to, and manage the business of the company. They
shall also have power to prescribe all such rules, and to adopt
all such bye-laws, touching the management and disposition
of the stock, property, and estate of the company, and
touching the conduct and duties of all persons employed by
the company, as may be necessary, and not inconsistent with
law. They shall also have power to require payment by
Payment of the stockholders, of the stock subscribed, at such times, and
stock in such proportions, as the same may be needed in the con-

struction of the canal, or for any other purpose authorised
by this act; and shall, from time to time, give public notice
of the payments thus required, and of the time and place
of payment, in some newspapers published in Morgan and
Sangamon counties, Illinois, and such other papers as may
be selected — such notices to be pubhshed at least four weeks
previous to the day appointed for such payment. And the
directors are authorised, in case any stockholder shall fail
to make payment as required, to cause the stock of such
stockholders to be sold at public auction, and apply the pro-
ceeds of such sale, to such payment, or to provide for the
forfeiture of such stock to the company.

Sec. 12. A majority of the board of directors shall con-
Quorum, stitute a quorum to do business; and shall have, and exercise
all the powers conferred upon the company; Provided, That
the directors may, by their bye-laws, require the presence
of all the directors, on the transaction of such business, as
the directors may think should require such presence. The
said company is hereby declared able, and capable in law,
to sue and be sued, to plead and be impleaded, in all courts
of law, and in chancery; to contract and be contracted
with, as fully and completely as a natural person.

101

Sec. 13. The state, or the counties through which the State, or couu-
said canal shall pass, at any time after ten years shall have '*^^ through

■*- . . *^ wnicni C3.Q3,1

elapsed, from the completion of said canal, have the privi- passes, may
lege of purchasing the same, by paying said company the purchase it.
original cost, together with any deficiencies which have ac-
crued by a failure of said canal to produce twelve per cent,
per annum, from the time of its completion, upon the origi-
nal cost.

Sec 14. The canal to be constructed by said company, Dimensions,
shall be of sufficient width and depth, to admit the passage
of canal boats of the ordinary kind; and the company shall
be responsible for all accidents and delays, occasioned by
the negligence or inattendance of any of its agents. Said
company shall also permit all persons to pass upon said canal
with boats, persons and property, whenever the same is
passable, upon payment of such tolls as may be fixed upon
by the directors ; Provided^ That the tolls shall be uniform.

Sec. 15. If any person or persons shall wilfully, or negli- Obstructing
gently, do or cause to be done, any act or acts whatsoever, ®^'^' canal.
whereby any building, construction, or work of the said
corporation, or any boat or other things pertaining to the
same, shall be weakened, impaired, or destroyed, every such
person shall forfeit and pay to said corporation treble the
amount of damages sustained, to be recovered by action of
debt, in the name of said corporation, in any court, or be-
fore any justice of the peace, having jurisdiction thereof,
with costs of suit; and such person or persons shall also be
subject to indictment, and punishment by fine or imprison-
ment.

Sec. 16. Unless the said corporation shall commence When to be
the construction of said canal within three years from the ^°jJ|J"g"g^^^^ '^"'^
passage of this act, and complete so much thereof as lies
within the county of Morgan, within six years, the powers
and privileges hereby conferred, shall cease, and the said
corporation shall be dissolved.

Sec. 17. The mode of suing said corporation, shall be ^"^o^e of suing.
by summons, and a copy of the summons delivered to the
president of the board, the secretary, or treasurer, shall be
sufficient service of process, to require the corporation to
answer, and to authorise any court to proceed to judgment.

Approved, Dec. 38, 1835.

102

!" ''Toor^''"- ^N ACT to incorporate the Morgan County Mutual Fire In-
surance Lompayiy, and for othe?- purposes.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Ignatius R. Sjmes,
Company in- James Duiilap, Carlton H. Perry, James McKinney, and
coipoiate John P. Wilkinson, and all other persons who may hereaf-

ter associate with them, in the manner hereinafter prescrib-
ed, shall be a corporation, by the name of the Morgan Coun-
" ty Mutual Fire Insurance Company, for the purpose of in-
suring their respective dwelling houses, stores, shops and
other buildings, household furniture and merchandize,
against loss or damage by fire.
Persons lo Sec. 2. Every person who shall at any time, become in-

Ms°granted'^"' terested in said company, by insuring therein, and also his
members. heirs, executors, administrators, and assigns,^ continuing to
be insured therein, as hereinafter mentioned, shall be deem-
ed and taken to be members thereof, for and during the
terms specified in their policies, and no longer; and at all
times shall be concluded and bound by the provisions of this
act.
Directors Sec. 3. The aftairs of said company shall be managed by

a board of directors, which shall consist of thirteen stock-
holders, as hereinafter provided. AU vacancies happening
in said board may be filled by the remaining members; and
Quorum. a majority of the whole number shall constitute a quorum

for the transaction of business,
memberstogive ^Ec. 4. Every person who shall bccome a member of said
note before he company, by effecting insurance therein, shall, before he re-
recejves policy, (.gjiygg j^^g policy deposite his promissory note for such sum
of money as shall be determined by the directors; a part,
not exceeding ten per cent, of which note, shall be im-
mediately paid, for the purpose of discharging the inci-
dental expences of the institution, and the remainder of
• said note shall be payable, in part or in whole, at any time

when the directors shall deem the same requisite for the pay-
ment of losses or other expenses; and at the expiration of
the term of insurance, the said note, or such part of the
same as shall remain unpaid, after deducting all losses and
expenses accruing during said term, shall be relinquished
and given up to the signer thereof.
Every member ^^c. 5. Every member of said company shall pay his
to bear equal proportion of all losses or expenses, happening or accruing
share of loss- j^ ^^^^ to Said company; and all buildings insured by and
with said company, together with all the right, title, and in-
terest of the assured, to the lands 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

103

of his policy. The said company shall cause a certificate of
such policy, stating the date, term of years, and lien on
said estate, in such form as shall be provided by the direc-
tors, to be recorded in the county recorder's office in the
county where said land lies, or said lien shall not be construed
to effect the right of a subsequent purchaser of said real

estate. _ Where loss to

Sec. 6. In case ot any loss or damage by fire happening members notice
to any member upon property insured, in and with said to be given,
company, the said member shall give notice thereof in wri-
ting to the directors, or some one of them, or to the secreta-
ry of said company, within thirty days from the time such
loss or damage may have happened; and the directors, up-
on 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 damage; and if the party suffering is not satis-
fied with the determination of the directors, the question
may be submitted to referees, or the said party may bring
an action against said company, in the circuit court of Mor-
gan county, within one year from the happening of said
loss or damage, and not afterwards, and if upon the 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 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, so determined upon by said directors, the
said party shall become non-suit, and the said company shall
recover their costs; but the judgment last mentioned shall
in nowise affect the claim of said suffering party to the
amount of loss or damage as determined upon by the direc-
tors aforesaid; and execution shall not issue on any judgment
against said company until three months after the rendition
thereof.

Sec. 7. The directors shall, after receiving notice of any bj^membefsTe-
loss or damage by fire, sustained by any member, and ascer- spectiveiy.
taining the same, or after the rendition of any judgment as
aforesaid, against said company, for such loss or damage,
settle and determine the same to be paid by the several
members thereof, as their respective portions of such loss, '
and publish the same in such manner as they shall sec fit,
or as the bye-laws shall have prescribed; and the sum to be
paid by each member shall always be in proportion to the
original amount of his deposite note or notes, and shall be
paid to the treasurer within thirty days next after the pub-
lication of said notice. And if any members for the space
of thirty days after such notice, neglect or refuse to pay the Refuse to pay.
sum assessed as his portion of any loss as aforesaid, in such

104

case,the directors may sue for, and recover,the whole amount
of his deposite note or notes, with costs of suit; and the
money thus collected shall remain in the treasury of said
company, subject to the payment of such losses and expen-
ses 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 expira-
tion of the term for which insurance was made.
If deposite iu- Sec. 8. If the wholc amount of the deposite notes shall
sufficient- }}g insufficient to pay the loss occasioned by any one fire, in
such case the sufi'erers insured by said company, shall re-
ceive, towards making good their respective losses a pro-
portionate dividend of the whole amount of said notes, ac-
cording to the sums by them respectively insured, and in
addition thereto a sum to be assessed on all the members of
said company, not exceeding one dollar on every hundred
dollars by them respectively insured; and the said members
shall never be required to pay for any loss occasioned by
fire, at any one time, more tlian one dollar on each hundred
dollars insured in paid company, in addition to the amount of
his deposite note or notes, nor more than that amount for any
such loss, after his said note shall have been paid in and
expended; but any member upon the payment of the whole
of his deposite note, and surrendering his policy before any
subsequent loss or expense has occurred, may be discharged
from said company.
Term cf Insu- Sec. 9. The Said company may make insurance for any
ranee. term not exceeding ten years; and any policy of insurance

issued by said company, and 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, unincumbered, to the building or build-
- ings insured, and to the land covered by the same; but if the
assured have a less estate therein, or if the premises be
incumbered, the policy shall be void, unless the true title of
the assured and the incumbrances on the premises be
expressed therein, and in the application therefor.
Buildings sold. Sec. 10. When any house or other building shall be
aliened by sale or otherwise, the policy shall thereupon be
void, and be surrendered to the directors of said company
to be cancelled, and upon such surrender the assured shall
be entitled to receive his deposite note, upon the payment
of his proportion of all losses and expenses that have accru-
ed prior to such surrender. But the alienee having the pol-
icy assigned to him for his own proper use and benefit, upon
application to the directors, and with their consent, within
thirty days next after such alienation, and giving proper
security to the satisfaction of said directors, for such portion

105

of the deposite or premium note as shall remain unpaid, shall
be entitled to all the rights and privileges, and subject to all
the liabilities of the original party insured.

Sec. 11. If anj alteration shall have been made in any Alterations in
house or building by the proprietor thereof, after insurance buiitimga.
with said company, whereby it may be exposed to greater
risk or hazard from fire than it was when insured, the insur-
ance made upon such house or building, shall be void, unless
an additional premium or deposite, after such alteration, be
settled with and paid to the directors.

Skc. 12. William Brown, John Hardin, James Dunlap, D^iectors,
John Wyatt, William Miller, Carlton H. Perry, Murray Mc-
Connell, Ignatius R. Syms, John P. Wilkinson, Bazaleel
Gilbert, Cornelius Hook, David B. Ayres, and Porter Clay,
shall be the first directors of said company, who may call
the first meeting of the directors of said company, at any
time and place at Jacksonville, in the county of Morgan
aforesaid, by advertising in the newspaper printed at said
town, giving at least fifteen days notice.

Sec. 13. The business of said corporation shall be carried
on in the said town of Jacksonville.

Sec. 14. At the next election for Senators and rep resen- Additional Sen-
tatives, from the county of Morgan, it shall be the duty ofatorand repie-
the judges and clerks of election at the several places of ^'^^j^"^^j,Qu'jjty_
voting, to open the necessary columns in the poll books, to
receive votes for the adJitional senators allowed to said
counVy by the act apportioning the representation, passed at
the present session of the general assembly; and the voters
in said county shall vote for one senator, and the additional
senator, and the person having the highest number of votes
for senator, shall be declared elected, and the person having
the highest number of votes for additional senator, shall be
declared elected; and the clerk of the commissioners' court
in making the certificate of election, for the person elected
as additional senator shall state the fact, that such person
was elected as additional senator; and the same mode of
proceeding shall be adopted at each subsequent election to
gupply the place of said additional senator.

Approved, Jan. 18, 1836.

14 ,

lOG

IS^Tm'g*^^" -^"^ ACT to incorporate the Shazvneetown Insurance Company,

Incorpoiation. Sec. 1. Be it enacted hy the people of the State of Illinois^
represented in the General Assembltj, That Henry Eddy, Alex-
ander Kirkpatrick, James C. Sloo, Ephraim H. Gatewood,
Moses M. Rawlings, Thomas Morris, Thomas L. Posey,
John Marshall, Timothy Guard, Lee Hargrave, Parmenos
Redman and W. H. Davidson, and their associates, succes-
sors and assigns, are hereby incorporated as a body corpo-
rate and politic, by the name and style of the "Shawnee-
town Insurance Company," to have continuance for and
during the term of fifty years, from and after the passage of
' this act; and by such corporate 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, ac-
tions, pleas, causes, matters and demands, whatsoever, in as
full and effectual a manner as any person or persons, bodies
corporate and politic, may or can do; and may have a com-
mon seal, which they may alter or break at pleasure; and
may purchase, hold, and convey, any real or personal estate,

Pioviso. for the use of said company: Provided, That said company

shall not, at any one time, hold real estate exceeding the
value of five thousand dollars, excepting such as may be
taken for debt, or held as collateral security for money due
to said company.

May insiiie Sec. 2. That Said company shall have full power and

properly, &c. lawful authority, to insure all kinds of property against loss
or damages by fire, or any other cause or risk; to make all
kinds of insurance against loss and damage on goods, mer-
chandise, and produce in the course of transportation, or
otherwise, whether by land or water; and any vessels or
boats, wherever they may be: also, to make all kinds of in-
surance on life or lives; to loan any part of their capital
stock on respondentia or bottomry, or on mortgages of real
estate, or "personal security, and receive such premiums or
interest on such loans or mortgages, therefor, as is provided
in this act. Said company may cause themselves to be in-
sured 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, merchandise, or other property, by means of
any loan or loans which they may have made on responden-
tia or bottomry; and generally to do and perform all other
necessary matters and things, connected with, and proper

Proviso to promote the objects of this incorporation; Provided, That

when said company shall loan on mortgage of real estate,
any portion of their capital stock, they shall not be author

107

ised to charge a higher rate of interest therefor, than ten
per cent. (lO per ct.) per annum.

Sec. 3. The capital stock of said company, exclusive Capital stock,
of premiums, notes, and profits arising from business, shall
be one hundred thousand dollars, and shall be divided into
shares of fifty dollars each, fifty per centum of which shall
be paid in money, w^ithin six months after the directors of
said company shall have been chosen; and the residue in
money, to be paid, twenty-five per centum thereof, in twelve
months, and twenty-five per centum in eighteen months,
from and after said first meeting, under such penalties as the
president and directors may, in their discretion, order and
appoint.

Sec. 4. The capital stock of said company may hereaf- ^j^^ ^^ j^.
ter be increased to an amount not exceeding five hundred creased.
thousand dollars, should a majority of the stockholders deem
it advisable, and the additional stock so subscribed, and fifty
per centum thereof, paid in within six months after the said
capital stock shall have been so increased. The stock ot Stock deemed
said company shall be deemed personal property, and as- pe»onai prop-
signable and transferable on the books of the incorporation: ^' -^ •
but no stockholder indebted to the corporation shall be per-
mitted to make a transfer, until such debt be paid, or secu-
red to the satisfaction of the directors.

Sec. 5. That Henry Eddy, James C. Sloo, Ephraim H. J°'^™"°^^!J.
Gatewood, Alexander Kirkpatrick and William A. Docker, ceh°"sub8c°ip-
are hereby appointed commissioners to receive subscriptions tion?.
to the capital stock of said company. Said commissioners,
or a majority of them, shall open one or more subscription
books for said stock, on such days, and at such places, as
they may deem proper, and keep the same open until the
whole of the said capital stock shall be subscribed, giving
at least twenty days notice of the time and place where
such subscription books will be opened. The sum of one payment of
dollar shall be paid to said commissioners on each share that stock.
may be subscribed; and whenever the whole amount of the
capital stock shall be subscribed, said commissioners, or a
majority of them, shall call a meeting of the stockholders,
by giving public notice in some newspaper published in this
state, of at least fifteen days, for the purpose of choosing a
board of directors, in pursuance of this act, w^hich meeting
shall be held in the town of Shawneetow^n. And so soon as
a board of directors shall be chosen and organized, said
commissioners shall deliver the subscription books, and the
whole amount they may have received on such subscriptions,
to the board of directors.

Sec. 6. The stock, property, and all the transactions
and business of said company, shall be conducted by nine

108

Election of di directors, who shall be chosen by the stockholders, by ballot,

rectors. ^^^ shall, at the time of their election, and during the time

they [shall hold the office of directors, be citizens of this
state, and holders, respectively, of not less than ten shaves
of the capital stock of said company. Said directors shall
. hold their offices for one year from their election, and until
their successors shall be elected and qualified: they shall
elect one of their own body president; and in case of the
death or resignation of any of the said board of directors,
whereby a vacancy shall occur, it shall be lawful for a ma-
jority of the surviving or remaining directors, to call a
meeting of the stockholders to fill such vacancy.

Quorum Sec. 7. The president and four of the directors, or five

of the directors in the absence of the president, shall be a
board competent to the transaction of business; and shall

ted^to Directors ^^^^® powcr to make such rules, regulation, and bye-laws,
as to them may seem proper, touching the management and
disposition of the property, stock, and effects of said com-
pany, and the transfer of stock; and touching the duties 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 salaries and wages of
all persons in their employ; Provided^ Such bye-laws and

Proviso xmXg;?. are not repugnant to the constitution and laws of this

state, or of the United States.

Directors to ^Ec. 8. It shall be the duty of the directors of said com-

make dividends pan y, at such timcs as the bye-laws thereof shall prescribe,
to make dividends of the profits and interest accruing from
the business of said company, as to them shall seem meet
and proper, and shall lay before the stockholders a particu-
lar statement of the profits, if any there be, after deducting
losses and dividends; and also all such othor infoimation
t-elative to the affairs of said company, whenever a majori-
ty of the stockholders shall require it. And said corpora-
tion shall not take any risk, nor subscribe any policy, by
virtue of this act, until one moiety of the capital stock of
said company shall have been actually paid in.

Restriction. Sec. 9. Said company shall not, directly nor indirectly,

deal or trade in buying or selling any goods, wares, mer-
chandise, or commodities whatever: and the capital stock
of said company, collected at each instalment, shall, within
six months thereafter, be invested either in real estate, or
loaned and secured by mortgage of real estate, or on per-
sonal security, in this state, at such rates of interest as are

Pi-oviso. lawful for individuals to charge in this state; Provided^ That

it shall not be lawful for any body corporate, bank, or com-
pany without the limits of this state, to hold any portion of

109

the capital slock of said company; nor sliall any body cor-
porate, bank, or company in this state, holding stock of said
company, be entitled to vote at any election, for directors
of said company.

Sec. 10. That in case of any loss or losses taking place, J;^^^■,]]l
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
pay any policy of insurance, their estates jointly and sever-
ally, shall be accountable for any and every loss which shall
take place under policies so subscribed; and the estates of
the stockholders aforesaid, shall be liable to any losses equal
to the amount of said capital stock subscribed and not actu-
ally 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, Jan. 13. 1836.

/. /-I -^ ' i^ • r /^ ^" force, Jan.

AJ\aCJ to incorporate ttie (^mnci/ Insurance Lompany. I5, 1836.

Sec 1. Be it enacted hy the people of the Slate of Illinois, Company in-
represented in the General Assembly, That Samuel W. Rogers, coiporated.
Joseph T. Holmes, Edward L. Pearson, Robert Tillson,
Francis C. Moore, Kenry B. Berrj^, and James H. Ralston,
and their associates, successors, and assigns, are hereby in-
corporated, as a body corporate and politic, by the name and
style of the "Quincy Insurance Company;" to have contin-
uance for, and during the term of twenty years, from and
after the passage of this act; and by such corporate name Cei-poration,
and style, shall be, for the time aforesaid, capable in law orpo^vers of.
equity, to sue and be sued, plead and be impleaded, answer
and be answered unto, defend and be defended, in all man-
ner of suits, actions, picas, causes, matters and demands
whatsoever, in as full and erfcctual a manner, as any person
or persons, bodies corporate and politic, mayor can do; and
may have a common seal, which they may alter or break
at pleasure; and may purchase, hold, and convey, any real or
personal estate for the use of said companj-; Provided, ihzit
said compT3ny shall not, at any one time, hold real estate ex-
ceeding the value of five thousand dollars, excepting such
as may be taken for debt, or held as collateral security for
money due to said company.

Sec. 2. That said company shall have full power and law- Natme of.
ful authority to insure all kinds of property against loss or

110

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 bj land or water, and any vessels or boats, wher-
ever they may be; to loan any part of their capital stock on
respondentia or bottomry, or on mortgages of real estate,
and receive such premium or interest therefor, as is provided
in this act. Said company may cause themselves to be insu-
red against any loss or risk they may have incurred in the
course of their business, and against any maratime or other
risk, upon the interest they may have in any vessel, boat,
goods, merchandise, 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 with, and proper to promote the ob-
jects of this incorporation: Provided, that where said com-
pany shall loan on mortgage of real estate any portion .of
their capital stock, they shall not be authorised to charge a
higher rate of interest therefor than ten per cent., (10 per
cent) per annum.
CapUai StocV. Sec. 3. The capital stock of said company, exclusive of
premiums, notes and profits, arising from business, shall be
one hundred thousand dollars, and shall be divided into shares
of fifty dollars each, fifty per centum of which shall be paid
in money within six months, after the directors of said com-
pany shall have been chosen, and the residue in money, to
be paid twenty-five per cent thereof in twelve months, and
twenty-five per centum in eighteen months, from and after
said first meeting; under such penalties as the president and
directors may, in their discretion, order and appoint.

Sec. 4. The capital stock of said company may hercaf-
Capjtai stock ter bc increased, to an amount not exceeding two hundred
ed. '^ thousand dollars, should a majority of the stockholders deem

it advisable; and the additional stock so subscribed, and
fifty per centum thereof paid in within six months after the
said capital stock shall have been so increased. The stock
of said company shall be deemed personal property, and as-
signable and transferable on the books of the corporation;
but no stockholder indebted to the corporation, shall be per-
mitted to make a transfer, until such debt be paid or secured,
to the satisfaction of the directors.
. . Sec. 5. That Samuel W. Rodders, Joseph T. Holmes,

appointed to ic- Robert Tillson, Ldward L. Pearson, Jbrancis L. Moore,
ceive subsciip- Henry B. Berry, and James H. Ralston, are hereby ap-
*'°"*" pointed commissioners to receive subscriptions to the capi-

tal stock of said company. Said commissioners or a major-
ity of them, shall open one or more subscription books for
said stock, on such days, and at such places, as they may deem

Ill

proper, and keep the same open until the whole of the capital
stock of said company shall have been subscribed, giving at
least twenty days notice, of the time and place when such
subscription books will be opened. The sum of one dollar
shall be paid to said commissioners, on each share that may
be subscribed; and whenever the whole amount of the cap-
ital stock shall be subscribed, said commissioners or a ma-
jority of them, shall calt a meeting of the stockholders, by
giving public notice, in some newspaper published in this
state, of at least fifteen days, for the purpose of choosing a
board of directors, in pursuance of this act; which meet-
ing shall be held in the town of Quincy; and so soon as a
board of directors shall be chosen and organized, said com-
missioners shall deliver the subscription books, and the w^hole
amount they may have received on such subscription to the
said board of directors.

Sec. 6. The stock, property, and all the transactions, and Directors, when
business of said company, shall be conducted by nine direc- elected,
tors, who shall be chosen by the stockholders by ballot; and
shall, at the time of their election, and during the time they -
shall hold the office of directors, be citizens of this state, and
holders, respectively, of not less than ten shares of the cap-
ital stock of said company. Said directors shall hold their
office for one year from their election, and until their succes- Term of serv-
sors are elected and qualified. They shall elect one of their i<^^°f ^hectors,
own body president, and in case of the death, or resignation
of any of the said board of directors, w'hereby a vacancy
shall occur, it shall be lawful for a majority of the sui'viving
or remaining directors to call a meeting of the stockholders
to fill such vacancy.

Sec. 7. The president and four of the directors, or five
of the directors in the absence of the president, shall be a Maj- make b3'e-
board competent to the transaction of business; and shall l^^^^s-
have power to make such rules, regulations, and bye-laws,
as to them seems proper; touching the management, and dis-
position of the property, stock and effects of said company,
and the transfer of stock, and touching the duties of the
several officers and clerks employed by them, and the elec-
tion of directors, and all such matters as appertain to the
business of insui"ance; and shall also, have power to appoint
a secretary, and to regulate the salaries and wages of all
persons in their employ: Provided^ such bye-laws, and rules -px-Qyiso
are not repugnant to the laws and constitution of this state,
or of the United States.

Sec. 8. It shall be the duty of the directors of said com- Duty of direct-
pany, at such times as the bye-laws thereof shall prescribe, °'^^^-
to make dividends of the profits and interest accruing from
the business of said company, as to them shall seem meet and

PiohibUcd

112

proper, and sluill lay before the slockholders a particular
statement of the prolits, if any there be, after deducting losses
and dividend?, and also, all such other information relative
to the affairs of said company, whenever a majority of the
stockholders shall require it; .tnd said company shall not take
any risk, nor subscribe any policy by virtue of this act, until
one moiety of the capital stock of said company shall have
been paid in.
froiTi'deuHn'' in Sec. 9. Said company shall not, directly or indirectly,
nierchanciise. deal. Or trade, in buying or selling any goods, wares, mer-
chandise, or commodities whatever, and the capital stock of
said company collected at each instalment, shall, within six
months thereafter, be invested cither in real estate, or loaned
or secured by mortgage, of real estate in this state, at such
rates of interest as arelawful for individuals to charge in this
Proviso state: Provided, That it shall not be lawful for any body

corporate, bank, or company, within the limits of this state,
to hold any portion of the capital stock of said company,
nor shall any body corporate, bank, or company, in this state
holding stock of said company, be entitled to vote at any
election for directors of said company.
Individual es- Sec. 10. That in casc of any loss or losses taking place,
tateof iheconi--vvhich shall bc equal to the amount of the capital stock of
aii"[oss^s^*ove^- ^^^'^ company, and the president and directors, after know-
the amount of ing of such loss Or losscs, having taken place, shall subscribe
capital stock, ^q p^y ^ny policy of insurance, their estates, jointly and sev-
erally, shall be accountable for any and every loss which shall
take place under policies so subscribed; and the estates of
the stockholders, as aforesaid, shall be liable to 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, Jan. 15, 1836,

In force 18th ^^J\' ACT to incorporate the Chicago Hydraxdic Compajiy.
Jan. 183C.

Preamble, Whereas, Thc health and convenience of the inhabitants
of the town of Chicago, in the county of Cook, as well
as the security of property against the ravages of
fire, would be greatly promoted by the introduction of
a plentiful supply of pure and wholesome water in said
town; Therefore,
►Sec. 1. Be it enacted by the people of thc State of Illinois,

113

represented in the General Assembly, That James B. ^^mp- Company m-
bell, Gholson Kercheval, Robert A. Kinzie, Richard I. ^^"'■P"^'^'^*^ •
Hamilton, Henry G. Hubbard, David Hunter, Peter Cohen,
Ed. W. Casey, Gurdon S. Hubbard, G. W. Dole, John
H. Kinzie, William Forsythe and Solomon Wills, and their
heirs and assigns, be, and they hereby are constituted a
body politic and corporate, under the style and title of the
"Chicago Hydraulic .Company," with the sole power to
them and their successors, by their corporate name, to sue
and be sued, plead and be impleaded, answer and be an-
swered, defend and be defended, in all courts of law and
equity in this state; and to make, have, and use a common
seal, and the same break, alter or renew at their pleasure;
and to take, and hold such property, real, personal, or mix-
ed, as may be necessary to carry into effect the object of
said company or incorporation; and the same to sell, ex-
change, or otherwise dispose of; and also to ordain, estab-
lish, and put in execution, such bye-laws, ordinances and
regulations, as may be necessary, proper or convenient, for
the government oi' said incorporation, not contrary to law
or the constitution.

Sec. 2. The capital stock of said company shall not ex- Capital Stock
ceed two hundred thousand dollars.

Sec 3. The charter of incorporation shall be and con- ^" '"^'^^ ^'^ y'^
tinue in force for and during the term of seventy years, from
and after the passage of this act; Provided, That the said Proviso,
company shall, within four years from this date, commence
the construction of the necessary works, for the introduc-
tion into said town, of the water of lake Michigan.

Sec. 4. The said company, for the more effectuallj' com- Powers doiineii
pleting the object of said corporation, shall have power and
authority, to build and construct fountains, reservoirs, and
other necessary works; to make and lay conduits, pipes, or
tunnels, for the- conveyance of said water, under and along
the public highways, streets, lanes, alleys and sidewalks, or
any of them, in said town of Chicago; to put up fire plugs,
or hydrants, at such places as they may deem convenient
for public use, and the same from time to time to renew
and repair — leaving at all times, during the progress of said
work, one-half of said streets or alleys unobstructed; and
immediately after the laying of said pipes or conduits, re-
store the street or alley through which the same maj' pass,
or which has been dug up or opened, to its former condition.
And further, said company shall have the sole privilege to
grant to all persons, whomsoever — to all bodies corporate
and politic, the privilege of using said water, so introduced,
as aforesaid, in such manner, and upon such terms and con-
ditions, and in such quantities, respectively, as they shall
think tit. 15

114

Persons poiiut- Sec. 5. If any person or persons, shall wilfully pollute
ring^^vvoiks'""'" ^^^^ water, by thowing in, or depositing in any pipe, tunnel,

&c. ' hydrant, reservoir or fountain, conducting or containing
the same, any impure, unwholesome, or offensive substance;
or by bathing, or washing clothes in said reservoir; or shall
injui'e any of the works, or machinery, used in raising, con-
taining, forcing or conducting Said water, the person or per-
sons so offending, shall be liable to a tine of not exceeding
one hundred dollars, to the use of said company, for each
and every offence, recoverable before any court of compe-
tent jurisdiction; and shall also be compelled to remove all
nuisances, by him or them created as aforesaid, forthwith,
under the further penality of ten dollars for every twenty-
four hours said nuisances shall continue, to the use of said

Proviso. company ^aforesaid ; Prorz(^crf, That said fines and penalties

shall not prevent said company from recovering damages
in a civil suit, for any injury done to said works.

Sec. 6. The officers of said company shall consist of a

Election of of- president and four directors, who shall be annually chosen
from among the members of the company, at the time such
election may be held, and in such manner as they may or-
dain and direct. The first election therefor shall take place
at such time as the members, or a majority of them, may
deem expedient — each member at said first election, having
one vote: and in case of the death, or resignation of the
president, or either of one or more of the directors, then
the vacancy shall be filled by the board.

To appoint of- Sec. 7. The directors, or a majority of them, shall

ficers, agents, j^j^y^ f^ij power to appoint and employ, and in their discre-
tion to remove or dismiss a secretary, treasurer, and all such
other officers, clerks, agents, mechanics, laborers and ser-
vants, as they shall deem necessary from time to time, to
attend to, and transact, or execute, all the affairs and bus-
iness of the company, and fix their compensation; to con-
tract, agree for, and purchase, rent or hire, all such lands,
chattels, materials, rights, privileges and effects whatever,
and to sell, or otherwise dispose of the same, in their discre-

Stock divided tion; to divide the capital stock into shares among the mem-

into shares. j^^^g ^^ gg^j^ company, and to call for such instalments on
each share, as the board of directors may deem necessary
for the interests of the company: and in case of a failure
on the part of any of the members' of said company, or
their assignee or assignees, to pay said instalments when
required, or within thirty deiys thereafter, all the interest
they may have or possess in said company, shall be forfeited

Proviso. to the members thereof; Provided, That six weeks notice

either in writing, of such call, shall be given, or in some
one of the newspapers printed in Chicago.

Approvkp, Jan. 18, 1836.

115

AjY ACT to incorporate the Alton^ Jacksonville and Galena In htce, J aa.
Turnpike Road Compamj. ^'*' ^^^^*

Sec. 1. Be it enacted by the people of the State of Illinois, q^^^^^^,^ -^^^^
represented in the General Assembly^ That Winthrop S. cm-poiated
Gilman, J. P. Wilkinson, Nathaniel Buckmaster, Lewis W.
Link, James Rino, John Baiston, James Arens, Thomas
Wilburn, George Rearick, Hart Fellows, Adam Dunlap,
Mathias C. Comstock, Cyrus Walker and Daniel McNeil,
and such other persons who may associate with them for
that purpose, be, and are hereby constituted a body corpo-
rate, by the name of the "Alton, Jacksonville, and Galena
Rail Road Company," for the purpose of constructing a rail
road, turnpike or any part thereof, from Alton in Madison
county, by the way of Jerseyville, Carrolton and White Hall
in Green county, Manchester, Jacksonville and Beardstown
in Morgan county, and Rushville in Schuyler county, Ma-
comb in McDonough county, and Monmouth in Warren
county, to Galena in Jo Daviess county; to transport, take
and carry property and persons upon the same by the powd-
er and force of steam, of animals, or of any mechanical, or
other power, or of any combination of them which the said
corporation may choose to employ, and by that name they
and their successors shall be, and hereby are vested w^ith the
right and privilege of constructing and using the said road
for the purpose albresaid from, and to the points comprised
"within the limits before mentioned, and may have succes-
sion, and shall be persons in law, capable of contracting, and
being contracted with, suing and being sued, pleading and lowers giaiued
being impleaded, in all courts of law and equity, and in all
manner of actions, and that they and their successors may
have a common seal, and may change and alter the same at
their pleasure.

Sec. 2. That if the corporation hereby created, shall not Commence-
within ten years from the passage of this act, construct and ™®"''
finish, and put in operation the said road, or one fourth part
thereof, then the said corporation shall thenceforth, and
forever cease, and this act shall be null and void.

Sec. 3. The capital stock of said company, shall be one Capital tock
million of dollars, with liberty to increase the same from
time to time by new subscriptions, 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 divided into shares of one hundred dollars
each, which shall be deemed personal property, and trans-
ferable in such manner as the said corporation shall by law
direct.

Sec. 4. That Lewis W. Link, Charles D. Hodges, Na-

116

Cemmissioners thaniel Buckmastei', Wintlirop S. Gilrnan, George Rearick,
10 open books, Francis Arens, Hart Fellows, Adam Dunlap, and Samuel
subscriptions. Smoker, shall be commissioners, the duty of whom, or a
majority of them, shall be at some suitable place in the cities
of New York, rhiladelphia,Baltimore, and St. Louis, and in
the towns of Alton, Carrollton, Jacksonville, Rushvillc and
Galena, to open books to receive subscriptions to the capital
stock of said corporation, and to do such other things as, in
their opinion is best calculated to get said stock taken up;
sixty days public notice shall be given by said commission-
. ers of the time and place of the opening of said books, in
one of the public newspapers in each of the said places.
The commissioners shall receive no subscriptions, unless at
least one dollar on each share subscribed, be paid at the time
of subscription, and as soon as the sam.e shall be subscribed,
to give a like notice for a meeting of the stockholders to
choose five directors, and such election shall be made at the
time and place appointed, by such of the stockholders as
shall attend for that purpose, either in person or by lawful
Election P^oxy; each share of the capital stock entitling each stock-

holder to one vote; and the said commissioners shall be
inspectors of the first election of directors of the said corpo-
ration, and shall certify under their hands, the names of
those duly elected, and deliver over the subscription books
and all money by them received on account of subscriptions,
to the said directors, and the time and place of holding the
first meeting of the directors, shall be fixed by the said com-
missioners, and the directors to be chosen at such meeting,
or at such annual elections, shall, as soon as may be, after
every election, choose out of their own number, one presi-
dent, and one other person to be vice president, and in case
of the death, resignation or removal of the president or
vice president, or of any dircjtor, such vacancies may be
filled for the remainder of the year, whenever they may
happen, by the board of directors, and in caseof the absence
of the president and vice president, the board of directors
shall have power to appoint a president pro tempore, who
shall have, and exercise such power and functions, as the
bye-laws of the corporation may provide.

Sec. 5. It shall be lawful for the directors to require pay-
Dutiesofdjicc j^gj^^ of the sums subscribed to the capital stock, at such
times and in such proportions, and on such conditions as-they
shall deem fit, under the penalty of the forfeiture of all pre-
vious payments thereon; and shall give notice of the pay-
ments thus rec^uired, and of the time and place, when and
where the same are to be paid, at least ninety days previous
to the payment of the same, in some public newspaper of this
state, and in the several cities, where the books of the com-

117

pany may have been opened for subscription to the capital
stock.

Sec. C. That in case it should at any time happen that
an election of directors shall not be made on any day, on
which pursuant to this act, it ought to be made, the said
corporation shall notfor this cause be deemed to be dissolved,
but such election may be held at any other time directed by
the bye-laws of said corporation.

Sec 7. That five of the directors of said corporation ei"of.°'^' ^°""
shall form a board, and they or a majority of them shall be
competent to transact all the business of the said corpora-
tion and they shall have full power to make and prescribe
such bye-laws, rules and regulations, as to them shall appear
needful and proper; touching the management and disposition
of the stock, property, estate and effects of said corporation
the transfer of shares; and touching the duties and conduct
of their officers and servants and the electing of directors
and all other matters whatsoever, which may appertain to
the concerns of said corporation: and also shall have power
to appoint a secretary, and so many clerks and servants as to
them shall se:;m meet; and to establish and fix such salaries
and allowances to them, and also to the president and vice
president as to the said board shall seem proper.

Sec. 8. That the said corporation be, and they are hereby To be suneyea
authorised by their agents, surveyors and engineers, to cause
such examinations and surveys to be made, of the ground
lying within the aforesaid limits prescribed by the first sec-
tion of this act, as shall be necessary to determine the most
advantageous route for the proper line or course whereon
to construct their said road ; and it shall be lawful for the
said corporation to enter upon, and take possesion of, and
use all such lands and real estate, as may be indispensable
for the construction and maintainance of said road, and the
accommodations requisite, and appertaining to them, and
may also hold and take all such voluntary grants, and dona-
tions of land and real estate as shall be made to the said
corporation: to aid in the construction, maintainance and
accommodation of their said road: Pj-ovided, tha.t all lands Proviso
or real estate thus entered and taken possession of, and used
by said corporation, and which are not donations, shall be
purchased by said corporation, of the owner or owners of
the same, at a price to be mutually agreed upon between
them, and in case of disagreement as to price, it shall be the
duty of the governor of this state, upon a notice given to Governor to ap-
him by the said corporation to appoint three commissioners P.°'"' tommis-

,.•',, r . fi sioiierstoascer-

who shall be persons not mterested m the matter to be de- tain damages.
termined by them, to determine the damages which the
owner or owners of the land so entered upon by the said

118

corporation, has or have sustained by the occupation of the
same, and upon payment of such damages together with
the costs and charges attending the appraismcnt by the said
corporation, the said commissioners being allowed three
dollars per day whilst thus employed 5 or upon the said cor-
poration depositing in the treasury ,of the state the amount
of such damages, together with the cost and charges afore-
said, to the credit of the person or persons to whom the
commissioners may have awarded them, the proper officers
of such treasury giving notice to such person or persons by
letter, of such depositc being made by the said corporation,
then the said corporation shall be deemed to be seized and
possessed, of the fee simple of all such lands or real estate,
as shall have been appraised by the said commissioners, or
a majority of them, to deliver to the said corporation a
written statement of the award or awards, they shall make
with a description of the land or real estate appraised, to
be recorded by said corporation in the clerk's office of the
county, in which the land or real estate may be, that in
case any owner or owners of land or real estate so appraised,
shall be feme covert, under age, non compos mentis, or out
of this state, then and in such case, the said corporation shall
pay the amount which shall have been awarded, as due to
the said last mentioned owners respectively, whenever the
same shall be lawfully demanded, together witb interest at
the rate of six per cent, per annum.

Powers of. Sec. 9. That the said corporation be, and they are here-

by authorised, to construct and use a road of suitable width
and dimensions to be determined by the said corporation,
within the limits prescribed by the tirst section of this act,
and shall have power to regulate the time and manner in
which goods and passengers shall be transported, taken and
V carried on the same, as well as the manner in which they

shall collect all tolls and dues on account of transportation

Pioviso and carriage ; Provided^ the same shall not amount to more

than twelve per cent, upon the capital stock paid in, and
shall have power to erect and maintain toll houses and other
buildings, for the accommodation of their concerns, as they
may deem suitable to their interest and to collect tolls as
soon as any part thereof shall be finished.

Powers. Sec. 10. That the president and directors of said compa-

ny (if it shall be so decided by a full majority of all the
stockholders therein, voting as above provided) shall cause
to be constructed, a double, or single, rail road or way,
along the same route, or a turnpike road in lieu of the rail
road hereby provided to be made with the same powers,
rights, immunities, and privileges, and subject to the same
laws, rules, regulations and responsibilities, in reference to

119

all the powers vested in them, as are above provided for
making said rail road, and enjoying the benefits resulting
therefrom.

Sec. 11. That whenever it shall be necessary for the con- ^°^^ ^° >»^JJ^
struction of their turnpike or rail road, to intersect or cross l^^^l^ f-omie or
any water course, or any road or highway, lying between highway,
the points aforesaid, it shall be lawful for the corporation to
construct their turnpike or rail road, across or upon the
same; Provided, that the corporation shall restore the water
course or road, or highway thus intersected, to its former
state, or in a sufficient manner, not to have impaired its use-
fulness.

Sec. 12. That if any person or persons shall wilfully do. Obstructing s'd
or cause to be done, any act or acts whatsoever, whereby i"aci
any buildings, construction or work of the said corporation,
or any engine, machine, or structure, or any matter or thing
appertaining to the same, shall be stopped, obstructed, im-
paired, weakened, injured or destroyed, the person or per-
sons so offending shall forfeit and pay to the said corpora-
tion double the amount of damages sustained by means of
such offence or injury, to be recovered in the name of said
corporation, with costs of suit, by action of debt, to be
brought in any court of record in this state, or before any
justice of the peace in the counties where such injury may
have accrued, and the person or persons so offending, shall
be deemed guilty of a misdemeanor, and liable to fine and
imprisonment.

Sec. 13. That when the said turnpike or rail road shall ^g"^'^°^";^°^^-^-
be completed, the president and directors shall make out a made out, and
minute, full, and detailed statement of the expenses of con- filed in Secre-
structing the same, w^hich report shall be under oath of the ^^^^'° ° *^®
president and directors, and shall be filed in the secretary's
office of this state, and from thenceforth shall annually make
a report in detail, of their proceedings and expenditures,
and of all tolls received on said turnpike road, verified by
affidavit, and file the same in the office of the Secretary of
State.

Sec. 14. That this act shall be deemed a public act, and A public act.
shall be benignly and favourably construed, for the purpo-
ses therein expressed and declared, in all courts, and places
whatsoever.

Approved, Jan. 14, 1836.

120

In /bice 13th jlJ\f JCT lo incorporate thd Wabash and Mississippi

Jan. 1836. 'V -j r^

lurnjnke Lompany.

Sec. 1. Be it enacted by the people of the State of Illinois
represented in the General Assembly, That James M. Mc-
Lean, Abner Greer, and James Nabb of Lawrence county;
John Occlctree, Peter Green and V/illiam IL Hanes of
Incoipoiation. ^^^^ county; Benjamin Vermilion, Mark Tully and Rufus
Ricker of Marion county; John M. Webster, John Scott,
and Thomas Bond of Clinton county; James Riggin, Wm.
W. Roman and John Starkey of the county of St. Clair,
and their successors in otHcc, duly elected as hereinafter
directed, are hereby constituted and appointed a body poli-
tic and corporate, and by the name and style of "The
President and Directors of the Wabash and Mississippi
Turnpike Company," shall be able and capable in law and
Sue and be su- equity to defend and be defended, answer and be answer-
ed, ed unto, in any and all courts of justice whatever; to make
Have a com- and use a common seal, and the same to alter, change or
monseai. rcucw at pleasure ; and sliall be able in law to make con-
tracts, and enforce the same, and to make and enforce the
Bye-]aw= rules necessary bye-laws, rules and regulations, to enable them
«Sc regulations, to carry into effect the provisions of this act, and the ob-
jects contemplated by the same, not inconsistent with the
laws and constitution of this state.

Sec^ 3. The capital stock of said corporation, shall be
Capital stock of five hundred thousand dollars, divided into shares of fifty
said compa ly. (jollars each, with power to increase the capital stock, if
same^^^° ncccssary to accomplish the objects herein contempla-
ted.

Sfx. 3. The directors in this act named, or a majority
Time &, place of them, shall meet at such time and places as they may
to meet. agree on, and organize said corporation, by electing one of

Election of their own body to be President; and after such organization,
President. any three of said board, shall be a quorum to do business;
but after an election for directors, it shall ^require five to
Quorum. form a quorum.

Sec. 4. The corporation shall have power to appoint
Officers and agcuts, clcrks, treasurers, surveyors, engineers, superin-
ageu s. tendents, artists and all other officers, and persons necessa-

Jouruai. ry to carry into effect this act; they shall keep a journal

of all their proceedings in which shall be entered all bye-
laws, rules and regulations, and all orders for the payment
of such allowances, as may be made to their oflices, and all
others in their employment, which Journal shall from time
lo time be read, corrected and signed by the president.
They nuiy sit on their own adjournment, or on the call of
the president. When the president is absent, they may

121

appoint a President pro tempore. They shall fill all vacan-.
cies that rrjay happen in their own body.

Sec, 5. The corporation shall cause books to be open- Boeks forsub-
ed for subseription to the capital stock at such time and^"'P'°"5 ,

■ , ^, .1 1 J- ,. whea opened

sucn place or places as they may choose: one notice qi '

which shall be given in some public newspaper in this
state; in each of which books, the following entry shall be
rnade: "We the undersigned, promise to pay the sum of „

dollars for each share of stock set opposite made,
our names, in such manner and proportions, and at sucb
times as the President and Directors of the Wabash and
]NIississippi Turnpike Conipany n:\ay diyect. Witness oup
hands this day of

Sec 6. It shall be lawful for all persons of lawful age, or Persons con-»-
for the agent of any corporate body, tQ subscribe for any petent to sub-
amount of the capital stock, and the said corporation may ^"^"^^ ^°'' ^^°^^^
by an agent, offer for sale in every other state any amount
of stock upon such terms and conditions as may be thought
advisable; and they shall have power on their own credit,
to borrow money upon such terms as may be agreed on by ^^'■'^'^^ ^° ^^?^.^

;, . rnt • • 1 •'.row money.

the parties, ihc corpora,tion may require such sum pi
money to be paid at the time of subscribing, not exceeding
five dollars on each sha,re, as they niay think proper; but
the amount required shall be made known at the notice for
opening the books, and any further payments On the stoclc
shall be under the control of the corporation.

Sec. 7. As soon as five hundred shares are subscribed
for, and five dollars paid on each share, it shall he the duty
of the corporation to give three weeks notice thereof in
some newspaper in this state, and in such notice appoint a
time and place for the stockholders to meet and elect elev- Elections by
en directors, who shall be stockholders and citizens of this ^^^^'^'■•
state, and which election shall be by ballot, conducted
under the superintendance of one inspector and two judges
appointed by the stockholders present, and the persons hav-
ing the highest number of votes for directors, shall be
declared duly elected; no share shall confer a right to vote
at any election, unless the sam+e shall have been held one
month previous to che election. In all elections each share
shall entitle the holder to one vote only, to be given by the *
person owning the same, or by one of any partners, or
by the husband, father, mother, administrator or executor,
or trustee or guardian or by the agent of any corporation,
or any person having a right to, may vote by proxy.

Sec. 8. It shall be the duty of the directors elected as Duties of said
above, and those elected at all subsequent elections, to n^eet Directors.
as soon thereafter as may be convenient and elect one of
their body to be president. The president and directory

16 ■

122

Traiisfe

stock.

Delegated pow
crs.

thus elected, shall continue in office until the next annual
election and until their successors are elected and qualifi-
r , ed.

Sec. 9. All elections after the first, shall be held on the

Times of hoi- first Monday in January annually, under the direction of

ding elections, the Stockholders present, of which election notice shall be

given; but should no election be held on the day appointed

by this act, or by the directors for the first election, it shall

be lawful to hold the election on any other day.

Sec. 10. Certificates of stock shall be given to tiie stock-
holders, which shall be evidence of the stock held; they
shall be signed by the president and countersigned by the
clerk. The stock shall be transferable on the books of the
corporation only, by an agent or attorney, or by the admin-
istrator, executor, trustee or guardian; but such stock shall
be at all times holden by the corporation for any dues from
the holders thereof to the corporation, or for any sums that
may thereafter become due on a contract made prior to
such transfer.

Sec. 11. The corporation shall have power to call for
such portions of the stock subscribed, not exceeding twenty
five per centum, every six months as they may think prop-
er, to be paid at such tiaies and places as they may designate
by giving sixty days notice in some newspaper of this state,
or by giving written notices to the stockholders, in which
shall be specified the amount demanded on each share, and
the time and place of payment; and if iiny stockholder
shall neglect or refuse to pay such requisition within ten
days after the time named for such payment, the corpora-
tion may bring suit against such delinquent for the amount
due and called for in any court of cojnpetcnt jurisdiction,
and recover the amount witli two per centum interest there-
on per riionth, and if the amount cannot be made on exe-
cution, or if such delinqueiit is out of the state, then the
corporation may by an order on their books declare such
stock forfeited to the corporation, with whatever amount
may have been paid thereon; and no such delinquent before
the forfeiture of his stock, sliall have t\\e right to vote for
directors or receive any dividend on his, her or their stock
imtil the corporation is fully satisfied. The corporation
shall require of all oflicers and others in their emjiloy, bonds
with security as they may think proper for the faithful per-
formance of their duties.

Sec. I'J. The corporation by their agents, shall have
power from time to time, to examine, survey, mark and lo-
cate the road for a turnpike road, from a point on the
Wabash river opposite Vinccnnes in the state of Indiana,
thence to Lawrence ville in Lawrence county; thence to

Officei-s giving
bonds.

123

♦
Maysville in Clay county; thence to Salem in Marion
county; thence to Carlyle in Clinton county; thence to
Belleville in St. Ciair county; and thence to a point on the
Mississippi river opposite the city of St. Louis in Missouri;
with full power to diverge from a directline between the points
named, where more favorable ground can be had for the
construction of said road, the same to be not more than
sixty feet in width. It is further provided that the said road Further proviso
be divided into four sections as follows, to wit: all that part
of said road from the Wabash to Lawrenceville, shall be
taken and considered the first section; that part from Law-
renceville to Maysville to be taken and considered the
second section; that part from Maysville to Carlyle to be
taken and considered the third section; and that part from
Caa'lyle to St. Louis, to be taken and considered as the
fourth section of said road. And the said corporation shall
have full power and authority to open books for the sub-
scription of stock for the entire construction of said road
its whole length; or tk-e said corporation may open books
for the subscription of stock to be subscribed for the con-
structing and completing the first, second, third and fourth
■sections of said road as the case may be, beginning with
the first divisional section, as the said corporation may deem
most advisable under the regulations and provisions of this
act.

Sec. 13. And for the purpose of making such examina-
tion and location, it shall be lawful for the corporation by Corporation
their agents or persons in their employ, to enter upon any ^"'"'"P*'"^^"'^
land to make surveys and estimates, and for the purpose of
searching for stone, gravel, Avood, or other materials neces-
sary for the construction of said road; but no stone, gravel,
or other materials shall be taken away from any land
without the consent of the owner thereof, until the rate of
compensation shall be ascertained and paid.

Sec. 14. It shall be lawful for the corporation, either
before or after the location of any section of the road, to
•obtain from the person or persons through whose lands the
«ame may pass, a relinquishment of so much of said land as Reiinquish-
-may be necessary for the construction of said road; as also mem of land
the stone, grave'I, timber, and other materials that may be |°j '*.^*j®-
obtained on said route; and may contract for stone, gravel,
timber and other materials that may be obtained from any
lands near thereto; to receive by donations, gifts, grants or Powers of said
bequests, lands, money, labor, property, stone, gravel, wood company,
or other materials for the benefit of said corporation; and
all such contracts, relinquishments and donations, gifts,
grants or bequests, made and entered into, in writing by any
person or persons able in law to contract, made in conside-

1:^4

I'atlon of sucli location, and for the benefit of the corpora-
tion, shall be binding and obligatory; and the corporation
may and shall have their action at law in any court of
competent jurisdiction, to compel a compliance thereto:

Piovi o Pi'ovidcd^ That all such contracts, relihquishments, dona-

tions, gifts, grants, and bequests, shall be made in writing
by the party making the same.

Sec. 15. That in all cases where any person, through

Wv, , « o^.o» whose land the road may run, shall refuse to relinquish the

W neii no agiee •/ ' ^ x

ment for lands, same, or whci'c a contract between the parties cannot be
how to piocecdi jjja^(jc, it shall be lawful For the corporation to give notice
to some justice of the peace, in the county where such cir-
cumstances occur or may exist, and such justice shall there-
upon summon the owner of said land to appear before him
lipon a particular day within ten days thereafter, and shall
appoint twelve disinterested persona of the neighborhood,
Who shall after taking an oath faithfully ahd impartially to
assess the dartiages, if aiiy, vicW the land or materials-, and
after having taken into consideration, the advantages as
Well as disadvantages the iT)ad may be to the same, report
thereon whether such person is entitled to damages or not,
and if so, how much, and shall file said report with said
justice; M^iereupon, said justice shall enter judgment
thereon Uftless for good cause shown; and in case either
party shall shew sufficient cause why judgment shall not be
be entered, the justice may grant a review of the premises
either with oi* without costs: Provided either party may at
any time after the rendition of judgment, appeal to the
circuit court of the proper county, as in other cases, and
such court shall appoint reviewers as above directed, who
tnay report at that or the succeeding term, in the discretion
of the court, and the judgment of the circuit court shall
be final when rendered,
i-, , . Sec. 16. And in all cases where the owner or owners of

Miiiovs and in- i ', i , • i i n i

sane persons. «ach land or matcriais shall be minors, insane persons, or
reside out of the county where sUch land may be, such
justices shall cause three notices of the application made,
and of the day fixed for the appointment of viewers to
be posted up in three of the most public places in the coun-
ty, and if no person should appear on the day named in
said notices, such justice shall adjourn the same until that
day two weeks, at which time he shall proceed as if such
person or persons had been duly notified to attend; and
on such judgment being rendered, and the corporation
'Complying therewith, by the payment of costs or damages
or both according to the award against them the corporation
shall be seized of the land or materials; costs shall be al-
lowed or awarded against either party at the discretion of
x>f the justice.

Sec. 17. It" it shall be found necessary to the construc-
tion and location of said road, the corporation shall have Foweis &i
the right to lay the same along and upon any state or <^"»po>=it'""»
county road: Provided however^ Before such location is pjo^jjo
made the corporaticii shall apply to the county commission-
er? in their respective counties through which the said road
will run, for said right; and the said county copamissioners
are hereby vested with power to grant to said corporation
f Hch right, and shall enter the same on the records of said
county or counties, as the case may be.

Sec 18. That w^hen said corporation shall have procu-
red the right of way, as herein pro\idcd, they shall be ^?!P°'f'^'°'\
seized in fee simple of the right t-o such land, and shall sfi'^^pie.'"
have the sole use and occupancy of the same, for the pur-
poses aforesaid; and no person, body politic or corporate,
shall in any way interfere with, molest, injure or distiu'b
Any of the rights and privileges hereby granted.

Sec 19. The corporation shall commence the construe- ^o^^^n^e^cmenn
lion of said road within live years, .and complete the same
within twenty .years from its commenccmeiit: Provided, Ymxho.
That if any one of the sections of said road shall be com-
pleted within the time aforesaid, the chart-et shall not be
forfeited as to that part of said road so completed, although
the residae of said road may not have been completed

within the time aforesaid.

Sec 20. The corporation shall cause said road to be
-opened not exceeding sixty feet wide, at least twenty feet y^-^Mi of road,
•of which shall be made an artificial road composed of stone,

gravel or other suitable materials, w&U <!ompacted togeth-
■er, in such manner as to secure a tirm, substantial and even
Toad, rising in the middle with a gradual curve, and shall

maintain and keep the same in good repair; and in no case
^hall the ascent in the road be greater than an elevation of

five degrees.

Sec. 21. That vvhen said road or any particular section

•thereof shall be located, it shaH be the duty of said corpo-

Tation to cause a plat or plats thereof to be deposited in the p. .

office of the secretary of state; and after that time it «hail flin,).

«ot be lawful for sai& coi'poration to alter or change any

part thereof unless said corporation pay the owner or

owners of land on said route the amount of damages they

'may sustain by such change.

'Sec 22. That if said road after its completion or any Forfeitefi if not

section thereof shall be suffered t© go to decay ©r be im- kept in re.pair.

passable for one year, unless when the same is repairing-,

this charter shall te considered as forfeited.

Sec 23. As soon as the said corporation shall have eoni'

j)leted the road as aforesaid, or any section thereof, or ten

12J

mllos of any section, beginning at the Wabash opjjosite
Vincennes, and so on from time to time as often as ten con-

AgPiittoexain-tiniious miles of said road shall be completed, an agent

iiie io:ui. j^i^j^^U |)e appointed by the Governor, if not otherwise direc-

ted by tlie legislature, who shall on the application of the
corporation examine the same, and report his opinion in
writing to the corporation; and if such report shall state
the road or any ten continuous miles of the same to be com-
pleted agreeably to the ])rovisi0ns of this act, the corpora-

^^n"f-''*.^"x. ^^^'^ '^^y ihen erect a gate or gates at suitable distances

^'' ^'' '^* apart not less than'ten miles, and demand and receive of

persons traveling said road the tolls allowed by this act:

Proviso Provided^ That whenever that portion of the said turnpike

road, as lies between the Wabash river and Lawrenccville,
shall be completed, the said company may erect toll-gates,
and demand and receive tolls for travel thereupon, at the
rates herein allowed pro rata, should the distance between
said points be less than ten miles.

Rates nf toll. ^v.c. 21. The following shall be the rates of toll for each
and every ten irules of said road, and in the same propor-
tioa for a greater or less distance, to wit: for every four
wheeled carriage, wagon, or other vehicle, drawn by one
horse or other animal, eigliteen and three fourth cents; for
every horse or other animal in addition, six and one fourth
cents; for every cart, chaise or other two wheeled carriage
or vehicle, drawn by one horse or other animal, twelve and
a half cents; for every horse or other animal in addition,
six and a fourth cents; for every sled or sleigh, drawn by
one horse or other animal, twelve and a half cents; for ev-
ery horse or other animal in addition, six and a fourth cents;
for every coach, chariot, or other four wheel pleasure car-
\ riage drawn by one horse, twenty live cents; for every
additional horse, twelve and a half cents; for every horse
and rider, six and a fourth cents; for every horse, mule or
ass, six months old or upwards, led or driven three cents;
for every head of neat cattle, six months old and upwards,

Proviso. one cent: Provided, That all persons going to and returning

from ])ublic worship, and all militia men going to and re-
turning from musters, and all funeral j)roccssions shall pass
said road free of toll: Provided a/so, That the legislature
may at any time after the expiration of ten years from the
tiirie of the completion of said road or any section thereof,
make any reasonable alteration in the rates of toll afore-
said.

J, Si:c. 25. If any person or persons using said road shall,

with intent to defraud said company or to evade the pay-
ment of toll, pass through any private gate or bars, or
along any other ground near to any turnpike gate, which

127

shall be enclosed pursuant to this act, or shall practise any
fraudulent means with intent to evade or lessen the pay-
ment of such toll, or if any person shall take another off
said road with an intent to defraud said corporation, each
any every person concerned in such fraudulent practice,
shall for every such offence forfeit and pay to the corpora-
tion the sum of five dollars without any stay of execution,
to be recovered with costs of suit in an action of debt at
the suit of the corporation, before any justice of tlie peace .
of the county; Provided. That nothing in this act shall be
so construed as to prevent persons residing on said joad
from passing thereon about their premises between the gates
for common and ordinary business.

Sec. 26. If the said corporation shall fail for ten days in Ro^<\ to be
succession to keep said road in rcpaii", and com})]aint be '^'"^"^ "' ^'^l'''^''^*
made thereof to a justice of the peace of the county, it
shall be his duty forthwith to summon three disinterested
judicious freeholders to examine the same; and he shall
give notice to the toll gatherer at the nearest gate of the
time when said freeholders will proceed to examine that
part of said road complained of, and .the said freeholders
after having taken an oath or affirmation to act impartially,
shall proceed in the examination, and if they shall find the
same out of repair, they shall certify it to a justice of the
peace, who shall immediately transmit a copy of said cer-
tificate to the nearest toll gatherer, where such defective
part of the road lies; and from the time of receiving such
notice no toll shall be demanded or received for sucli part
of the road until the same shall be put in complete repair,
under the penalty of five dollai's for every such oflence, to
be recovered of said corporation with costs of suit, and for
the use of the party agrievcd.

Sec. 27. If any person shall wantonly or Avilfully destroy Obsuucting
or in any manner injure or obstruct any part of said road, *''^"' ^"^'^^
or any gate thereon, otherwise than in the just and- lawful
use thereof, every person shall, oh conviction thereof before
a justice of the peace of the county, be liable to a fine of
not more than fifty nor less than five dollars for every such
offence, to be recovered in an action of debt atthesuit of
the state of Illinois, to go to the county seminary fund in
the county where the injury may have been committed;
and such offender moreover shall be liable for all such dama-
ges to the corporation, and for injury accruing to traA'clers
in consequence of any such unlawful damage or obstruc-
tion of the road. All damages and costs under this
section shall inure to the parties entitled to the same, and
shall be collected by execution without delay or stay of
execution, before any court having competent jurisdiction
thereof.

128

S*Ec. 28. Tlie company shall put up a post or stone at

Stones and ^ \}^q e^^j Qf each mile with the number of miles from

p^ss o t piu fairly cut or painted thereon; and also in a

conspicuous place near each gate shall be placed a board

with the rates of toll fairly painted thereon, and such

other matter in relation to direction as may be necessary.

Defaciug the ^^'^' '^^* ^"7 pcrson wilfuUy destroying, defacing, or

same removing any guide board, mile post or stone, or list of rates

ot toll erected on said road, shall, on conviction thereof

before any justice of the peace, forfeit and pay a sum not

exceeding ten dollars, to be recovered with costs of suit

in an action on the case, at the suit and for the use pf the

corporation.

Toll gaihcieis 8ec, 30. If any tol} gatherer on said road shall unreasom

ably detain any passenger after the toll has been paid or

tendered, or shall demand or receive greater toll than is by

this act allov/ed, he shall, for every such offence forfeit and

pay a sum not exceeding ten dollars, to be recovered with

costs of suit before any justice of the pcfice having cpm-.

pctent jurisdiction, at the suit of the party injured;-

froviso Provided, That no suit or action shall be brought against

any pcrson or persons, for any penalty incurred under this

section, unless such suit or action shall be commenced with-.

in thirty days from the time of incuring the same; and the

defendant or defendants in any such suit or action, may

plead the general issue f^nd give this act in evidence with

any other special matter.

. Sec. 31. The corporation shall cause to be kept a^ fair

ke°epaccomit of account of tlic whole expense of making and repairing said

pxpenc?s. road, or any section thereof, with all incidental expenses;

and also a fair account of the toll received; cUid the state

shall have the right to purchase the stock of said company

at any time after twenty years, on paying said corporiition

a sum of money, which, together with the tolls received,

shall equal the cost and expenses of said turnpike road as

aforesaid, with an interest of twelve per centum per annum,

Books open for and the books of the corporation shall always be open for

inspect.on, ^j^g inspection of any agent of the state appointed for that

purpose by the legislature; and if the said corporation shall

neglect or refuse to exhibit at any time their accounts

agreeably to this section when thereto required, then all

the rights and privileges granted by this act shall cease and

be at an end.

8ec. 33. Tlie said corporation shall be, and are hereby

Tolls. authorised and empowered to demand and receive the same

toll and proceed iu the same manner to collect the same

from the drivers, owner or owners of any stage, carriage or,

gjeigh, in which shall be conveyed the rpail of the United

com-

l*i9

States, as they have by this act a i-ight to do from the
drivers of similar carriages and sleighs, drawn by the same
flUmber of horses in which no mail is carried, any law to
the contrary notwithstanding: Provided, That nothing here- Proviso,
in contained shall be so ronstrued as to empower said cor-
poration, their agent or agents, to stop or detain any person,
carriage, sleigh or horse, while actually employed in the
conveyance of the said mail.

Sec. 33. It shall be lawful for the county commissioners County
of each and every county through which the said road may missioners may
run or pass, for and on behalf of such county, to authorise ** ^ ^^""^ '
by an order, as much of the stock to be taken as they may
think proper.

Sec. 34. This charter is to be limited to fifty years in Limitation of
'its duration. ciiaiter.

Sec. 35. This act to be in force from and after its pas-
sage, and shall be taken and considered a public act iri all
courts of record within and out of this state, as also in
courts of justices of the peace, and shall be beneficially
construed.

Approved, Jan. 13, 183G.

JIJV ACT to incorporate the Illinois Central Rail Road In force Jan.
Company. '^- 1®^^-

Sec. I. Be it enacted by the people of the Slate of Illinois, ,.
represented in the General Assembly, That William Wilson, corpm-ated '"
Alexander M. Jenkins, David J. Baker, John S. Hacker,
Henry Eddy, Wilson Able, Elijah Williard, Joel Manning,
Richard G. Murphy, Pierre Menard, Miles A. Gilbert,
Francis Swanwick, John Reynolds, Alfred Cowles, Harry
Wilton, Sidney Breese, John D. Wood, Charles Prentice,
John Dement, William F. Thornton, William Williamson,
John F. Henry, M. L. Covell, Lovell Kimball, John M.
Krum, D. B, Holbrook, Simon M. Hubbard, William C.
Greenup, James Hughes, Albert G. Snyder, William G.
Roddick, G. S. Hubbard, Daniel Wann, John Taylor, Eli-
jah lies, Thomas Mather, John Todd, A. G. Henry, James
Thompson, Gabriel Jones, William Adair, R. K. McLaugh-
lin, Henry Smith, William Linn, Jesse C. Lockwood, Abra-
ham Irvin, Daniel Marshall, Daniel Field, George H. Han-
nah, Samuel J. Ghapman, John Dunn, William W. Rom-
man, Lyman Adams, James Mitchell, William Welsh, Nathan
Homer, Thomas B. Aflick and Porter Clay, their associates,

130

Nature and successors and assigns, be, and they are hereby made a body

powers oi the politic and corporate, 'under the name of the "Illinois Cen-
tral Rail Road Company;" and by that name shall be, and
are hereby made capable in law and equity, to sue and be
sued, plead and be impleaded, rlefenrl and b© defended, in
any court or place whatsoever; to make, have, and use a
common seal, and the same to renew and alter at pleasure;
and by that name and style be capable in law of pur-
chasing, holding, and conveying, real and personal estate,
for the purposes and uses of said corporation; and shall be,
and are hereby vested with all the powers, 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 corporation are hereby authorised
and empowered to locate, construct, and finally complete a
rail road, commencing at or near the mouth ef the Ohio
river, and thence north to a point on the Illinois river, at
or near the termination of the Illinois and Michigan Canal,
in such manner and form as they shall deem to be most ex-
pedient: and for this purpose said company are hereby au-
thorised to lay out their road not exceeding eight rods wide,
through its whole length; and for the purpose of cuttings,
embankments, and procuring stone or gravel, may take as
much more land as may be necessary for the proper con-
struction and security of said road; Provided, however, That
all damages that may be occasioned to any person or corpo-
ration, by the taking of such land, or materials, for the pur-
poses aforesaid, shall be paid for by said company, in the
manner hereinafter provided.

Sec. 2. The [capital stock of said company, shall con-
sist of twenty-five thousand shares, of one hundred dollars
each; and the immediate government and direction of the

Directors eiec- affairs of Said company, shall be vested in a board of not
less than five directors, who shall be chosen by the mem-
bers of the corporation, in the manner hereinafter pro-
vided, and shall hold their offices until others shall be
duly elected and qualified, to take their places as direct-
ors: 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 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 bonds to the
corporation, with sureties to the satisfaction of the direct-
ors, in a sum not less than twenty thousand dollars, for the
faithful discharge of his trust.

Sec, 3. That the president and directors, for the time

torr' "" ' ''eing, are hereby authorised and empowered, by themselves

Capital stock.

tion of.

Quorimi.

Directors to
choose a presi-
dent.

131

or their agents, to exercise all the powers herein granted
to the company, for the purpose of locating, constructing,
and completing said rail road; and for the transportation of
persons, goods, and merchandise; and all such other powers
and authority, for the management of the affairs of the com-
pany, not heretofore granted, as may be necessary and proper
to carry into effect the objects of this company: to purchase
and hold land, materials, engines, cars, and other necessary
things, in the name of the company, for the use of the
road, and for the transportation of persons, goods and mer- .
chandise: to make such equal assessments, from time to
time, on all the shares in said corporation, as they may
deem expedient and necessary, in the execution and pro-
gress of the work, and direct the same to be paid to the
treasurer of the company; and the treasurer shall give no-
tice of all such assessments: and in case any subscriber
shall neglect to pay his assessment, for the space of thirty Delinquent
days after due notice by the treasurer of said company, subscribevs.
the directors may order the treasurer to sell such share or
shares, at public auction, after giving due notice thereof,
to the highest bidder; and the same shall be transferi'ed to
the purchaser; and such delinquent subscriber shall be held
accountable to the company for the balance, if his share
or shares shall sell for less than the assessment due thereon,
with interest and costs of sale; and shall be entitle(l to the
overplus, if his share or shares shall sell for more than the
assessment due, with interest and costs of sale; Proi/if^ec?, Pi-oviso.
however; That no assessment shall be laid upon any shares
in said company, of a greater amount in the whole, than
one hundred dollars on a share.

Sec. 4. The said company shall have power to make, powers vested
ordain, and establish all such bye-laws, rules and regula- to Company.
tions, and ordinances, as they may deem expedient and ne-
cessary, to accomplish the designs and purposes, and to carry
into effect the provisions of this act; and for tha transfer
and assignment of its stock, and the convey-^^cc of prop-
erty, and the well ordering, regulating and securing of the
interests and affairs of the company; Provided, The same Proviso,
be not repugnant to the constitution and laws of this state,
or of the United States.

Sec. 5. A toll is hereby gianted and established, for the
sole benefit of said compaiiy, upon all passengers, and prop- Tolls estabijsh-
erty of all description^, which may be conveyed or trans-
ported upon said road, at such rates per mile as may be
agreed upon an«i established, from time to time, by the di-
rectors of said company. The transportation of persons
and property, the construction of wheels, the form of cars
and carriages, the weight of loads, and all other matters

tolls.

Further provi-

i:v2

and things in relation to the use of said road, shall be in con-
formity to such rules, regulations, and provisions, as the di-
Proviso. rectors shall, from time to time, prescribe and direct; Pro-

vided, however, That if at the expiration of ten years, from
and after the completion of said road, the nett income or
receipts from tolls, taking the ten years aforesaid as a basis
of calculation, shall have amounted to more than twelve per
Lej^lsiature ceutum per annum, upon the cost of the road, the legislature
!"n= ^'"^''"^^ niay take measures to alter and reduce the rate of tolls, in
such manner as to take off the overplus, for the next ten
years, calculating the amount of transportation upon the
road to be the same as the ten preceding years: and at the
expiration of every ten years thereafter, the same proceed-
ings may be had; Provided, further, |That the legislature
shall not, at any time, so reduce the tolls, as to produce less
than twelve per centum upon the cost of tbe said rail road,
without the consent of the said company. And no other rail
road than the one hereby granted, shall, within fifty years
from the passage of this act, be authorised to be made, lead-
ing from the Ohio river, or Mississippi river, commencing
below the mouth of the Illinois river, to any place within
ten miles of the northerly termination of the rail road here-
Prov'iso. ^y established; Provided, That the said rail road shall be

commenced in five years, and completed within twenty
years ^om the passage of this act.

Sec. 6. The directors of the said company, for the
Erect toll hou w^ci^ being, are hereby authorised to erect toll houses, estab-
ga*therei°'" ^ hsh gates, appoint toll gatherers, and demand toll upon the
road, when completed, and upon such parts thereof, as shall
from time to time be completed.
Liabilities. Sec. 7. The said company shall be holden to pay all

damages that may arise to any person or persons, or corpo-
ration or corporations, by taking their land for said rail
roadj when it cannot be obtained by voluntary agreement,
to be estimated and recovered in the manner provided by
law, for the vccovery of damages happening by laying out
highways.
Lands of Feme ^EC. 8. When the lands or other property or estate of
covert, infants any feme covert, infant, or person non compos mentis, shall
or persons no:i ^g neccssary for the consiviiction of said rail road, the hus-
co.npos mentis. ^^^^ ^^ ^^^^ ^^^^^ covcrt, aM the guardian of such infant,
or person non compos mentis, niay release all damages for
any lands or estate, taken and appropriated as aforesaid^
as they might do if the same were holdc-n by them, in their
own right, respectively.

Sec. 9. If any person shall wilfully, maliciously, or
SuSgiif^ wantonly, and contrary to law, obstruct the passage of any
load. carriage on said rail road, or in any way spoil, injure, or

133

destroy saic^ rail road, or in any part thereof, or any thing
belonging thereto, or any material or instrument to be em-
ployed in the construction, or for the use of said rail road,
he, she, or they, or any person or persons, assisting, aiding,
or abetting in such trespass, shall forfeit and pay to said
company, for every such offence, treble such damages as shall
be proved before the justice, court or jury, before whom
the trial shall be had; to be sued for and recovered before
any justice, or any court proper to try the same, by the treas-
urer of the corporation, or other officer whom they may
direct, to the use of said company: and such offender or
offenders shall be liable to indictment by the grand jury for
the county within which said trespass shall have been com-
mitted, for any offence or offences contrary to the above
provisions; and on conviction thereof, before any court com-
petent to try the same, shall pay a fine not exceeding one
hundred, nor less than thirty dollars, to the use of the peo-
ple of the state of Illinois; or may be imprisoned for a term
not exceeding one year, at the discretion of the court be-
fore whom the conviction may be had.

Sec. 10. The annual meeting of the members of said Election of (R-
company, shall be holden on the second Monday in Decem-
ber, in each year, at Vandalia, or such other places as the
directors, for the time being, may appoint; at which meet-
ing the directors shall be chosen by ballot, each proprietor
being entitled to as many votes as he holds shares; and any
two of the individuals named in the first section of this act,
are hereby authorised to call the first meeting of the said
company, by giving notice in some public newspaper, pub-
lished at the place where such meeting is to be held, of the
time, place, and purpose of such meeting, at least ten days
before the time mentioned in such notice.

Sec. 11. If the said rail road, in the course thereof, Rail road when
shall cross any river, canal, turnpike, or other highway, the parsing over
said rail road shall be so constructed as not to impede, or ob- ^'s''^^'^-^' '■'*^'
struct the safe and convenient use of such river, canal,
turnpike, or other highway. And said combai>y, hereby lyj^y construct
created, may construct a lateral rail road from Belleville, a lateral road,
through Lebanon, in St. Clair county, to the nearest prac-
ticable point of said central road; which lateral rail road
may be made and constructed in the same manner, and the
work progress in the proportion of the work done on the
main central rail road, until the same is completed; to be
subject to the same rules and regulations, when completed,
that the main road is, by this act.

Sec. 12. It shall be lawful for the legislature of this g^^^^^^^
state, at any time during the continuance of the charter of chase road.
the said rail road, after the expiration of twenty-five years

134

Road may be
extended to
Galena.
Proviso.

Capital Stock
increased.

from the opening for use of the rail road herein provided to
be made, to purchase of the said company the said rail
road, and all the franchise, rights and privileges of the said
company, by paying them for the amount expended in
making said rail road: and in case, at the time of purcha-
sing, the said company shall not have received a nett in-
crease equal to twelve per cent, per annum, on the said
expenditure, from the time of the payment thereof by the
stockholders, by paying the company such additional sum,
as together with the tolls which they shall have received
from the said rail road, will be equal to a nett profit of
twelve per cent, per annum, on the cost of said rail road,
from the date of the payment thereof, by the stockholders
of the said corporation, to the time of such purchase.

Sec. 13. The said company are hereby authorised to
extend the said rail road, herein provided for, from the
Illinois river, to Galena, in this state; Provided, The route
proposed to be taken, shall be surveyed and located v^^ith-
in four years from July next, and the whole rail road com-
pleted within the time limited in the fifth section of this
act.

Sec. 14. It shall be lawful for said company to increase
their capital stock to an amount sufficient to extend and
complete the rail road authorised by this act, whenever
the company shall deem it expedient, by a vote of the
stockholders, at a meeting specially notified for the purpose,
to be assessed to the same amount as the shares which are
already created; Provided, That the additional number of
shares so to be created, shall not exceed ten thousand: and
the proprietors of the shares already created, for the time
being, shall have the option of subscribing to said addition-
al shares, in proportion to the amount which they may hold
respectively, of the said oviginal shares.

Sec. 15. In case the state eball purchase the rail road,
lia*sr7oacr&c authorised to be constructed by this act, the limitation pro-
vided in the fifth section of this act, shall cease and be of
no effect.

Sec. 16. It shall be the duty of said rail road company,
from year to year, to make report to the legislature of their
receipts and expenditures, on said rail road and branches,
authorised to be constructed under the provisions of this
act.

Sec. 17. It shall be the duty of said company to re-
serve of said capital stock, to the amount of five hundred
thousand dollars, to be disposed of in this state; which stock,
so reserved, the president and directors of said company
shall, within four months after the said company shall have
been organised, offer for sale, by causing books to be open-

Proviso.

If state pur-

Report to legis-
lature.

{^tock to be dis-
posed oC in
this state.

135

ed at the several places hereinafter mentioned, and under
the direction of the following commissioners, namely: at Sale thereof.
Ottowa, under the direction of Lovell Kimball; at Bloom-
ington, under the direction of M. L. Covell; at Springfield,
under the direction of William Carpenter; at Jacksonville,
under the direction of John Henry; at Decatur, imder the
direction of Isaac Pugh; at Shelhyville, under the direction,
of Joseph Oliver; at Hillsboro', under the direction of
Christian B. Blockburger; at Vandalia, under the direc-
tion of James Black; at Greenville, under the direction of
James Bradford; at Carlyle, under the direction of Joshua
T. Bradley; at Salem, under the direction of Mark Tully;
at Mount Vernon, under the direction of Harvey T. Pace;
at McLeans boro', under the direction of Milton Carpenter:
at New Nashville, under the direction of John D. Wood;
at Frankfort, under the direction of Johnson Wren; at
Equality, under the direction of Daniel Wood; at Darwin,
under the direction of Uri Manly; at Alton, under the
direction of J. A. Townsend; and at Belleville, under the
direction of John D. Hughes: and the said commissioners, at
the places above named, shall receive subscriptions for said
stock, which books shall be kept open for the space of at
least sixty days, or until the whole of said stock, so offered
for sale, is taken. And whenever, and as soon as twenty-
five thousand dollars thereof shall have been subscribed, at
any one of the before mentioned places, the books at such
place shall thereupon be closed. One dollar on each share
so subscribed, shtill be paid by the subscriber, at the time
of subscribing; and no person shall, during the first thirty Restiiction of
days after the opening of the books as aforesaid, be allow- subscribers.
ed to subscribe for more tban five shares, in his or her own
name: and any, and so much of said stock, so offered for
sale at said places, as aforesaid, as shall remain unsubscrib-
ed, after sixty days from the time of opening said books,
may be disposed of in such manner, and at such time, as
the said president and directors of the company shall deem
proper. Public notice of the time and place, when and
where, said books shall be opened, for the purposes afore-
said, shall be given in three or more newspapers, of gener-
al circulation, published in this state. And all vacancies
occasioned by death, or refusal to serve, of the above named
commissioners, shall be filled by the president and directors
of said company.

Sec. 18. This act of incorporation shall continue in force |,, ^^^^^ gj ^,,,.
for the term of sixty years, from and after the passage
thereof; shall be deemed and taken to be a public act, and
shall be in force from and aftei'- its passage.

Approved, Jan. 16, 1836.

136

III force Jan. AM ACT lo incotporalc the Stockholders of the Randolph
18, 183«. Manufacturing Company.

Incoiporation ^^^' ^* ^^ *^ 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 descri-
bed, shall be, and thoy ai-e hereby constituted and declared
, a body politic and corporate, by the name and style of the
"Randolph Manufacturing Company," from and after the
passage of this act; and by that name, they and their suc-
cessors, shall have succession, and shall in law be capable

Tiieir powers, ^f suing an^ being sued, pleading and be impleaded, in all
courts and places whatsoever; may have a common seal,
alter and cliange the same at their pleasure; and they and
their successors, may also by that name and style, be capa-
ble in law of purchasing, holding, and conveying away real
and personal estate, as may be necessary for the purposes
and objects of tliis act, as hereinafter limited and set forth:

Proviso. Provided, Such real estate shall not exceed six hundred and

forty acres of land, with the buildings and improvements
thereon, erected for the business of said company.

Fmther pow- Sec. % The president and directors of said company,

^'^" hereafter provided for, shall have power, and are hereby

authorised to carry on the manufacture of grain, and other
agricultural products in the county of Randolph; and to
erect mills, works, machines, and such other buildings as
may be necessary to carry on their business; and to enter
into all contracts which may concern the use and manage-
ment of said property, that may be necessary and proper to
carry into elfect the objects of this grant.

Capital stock. Sec. 3. The Capital stock of said Company, shall consist
of fifty thousand dollars, divided into one thousand shares,
of fifty dollars each: Provided ncverlhchss, That the stock-
holders of said company, at a general meeting, and by a

Power to in- vote representing in its majority, at least two-thirds of the

crease. stock Subscribed to said company, may, and are hereby em-

powered to increase the capital stock of said company, to
one hundred thousand dollars, divided in the same manner

Proviso. as before, into shares of fifty dollars each; Pi^ovided, That

the amount of debts which the said company shall at any
time owe, shall not exceed the amount of capital stock actu-
ally paid in, and possessed in real and personal property:
and in case of such excess, the directors under whose ad-
ministration it shall happen, si all be liable for the the same,
in their natural and private capacities: but this shall not be
construed to exempt the corporation, or any estate, real or
persona], which they may hold as a body corporate, from
being also liable and chargeable for the said excess.

137

Sec. 4. Tho general place of meeting Coi' said company, Place of meet-
shall be at Kaskaskia, in this state; but the president and'"S-
directors may select such places for carrying on their man-
ufacturing business, in said county of Randolph, as to them
may seem lit for the purposes of the company.

Sec. 5. That for the purpose of carrying into effect the Commissioners
objects of this incorporation, Nathaniel Pope, Pierre Me- *" "^^^j" *'j|'" .
nird, Gabriel Jones, Seth Allen, Miles A* Gilbert, Thomas* up »on
Short and Jacob Feaman, are hereby appointed commis-
sioners, to obtain subscriptions to the capital stock of said
company: and said commissioners, or a majority of them,
after giving general notice thereof, in some paper printed
in this state, may open books for the subscription of said
stock, at such time and places as they may direct, and ke^p
the same open till at least two hundred and hfty shares of
said capital stock is subscribed. If the requisite number df
shares shall not be snbscribed within thirty days after the
books are opened, said commissioners, or a majority of thelii,
shall take such measures for completing such subscriptions,,
as they may deem expedient and proper. Every subscriber
shall, at the time of subscribing, pay to said commissioners
the sum of one dollar for each share subscribed; and when
siich subscription is completed, or witbin sixty days thereaf-
ter, said commissioners, or a majority of them, shall call a
meeting of the stockholders at Kaskaskia, by a printed notice
in some newspaper of general circulation in this state.

Sec. 6i That at said meeting, the stockholders of said Election of di-
company shall immediately proceed to elect five directors, '^*^^*'''^*
who shall manage, direct, and govern the affairs of said
company, one year from the period of suid election, and
until their successors, who shall be vested with the same au-
thority, arc elected.

Sec. 7. And at said election, each stockholder shall Votes given,
give one vote for each share of stock he may hold, and a
majority of all the votes given, shall be required to make an
election.

Sec. 8. That the period of election shall be annually, E'cdtion annu-

the first Monday in the month in which the first election ^ ^*
was held.

Sec. 9. That immediately after the directors are chosen Meeting,
as above, they shall hold a meeting, at which, and at all
subsequent meetings, a majority shall constitute a quorum;
that they shall proceed to the election of a president, from
one of their number; a secretary, who shall be sworn by -
a justice of the peace to the faithful discharge of his duty,
and who shall record all votes of the corporation in a book,
to be by him kept for that purpose; a treasurer, who shall
give bond to such amount, and in such manner, as the said

138

president and dii-ectors shall direct; and such other officers
and agents, as to them mav seem necessary for their regu-
lar government, and to carry into effect the objects Tor
which said corporation is established.
Powcis'deie-a- ^^^' ^^' '^'^^^ ^^^^ president and directors shall have
t»jti to Directors power, from time to time, to make all such bye-laws, and
rules, not inconsistent with the constitution and laws of this
state, and the United States, which may be necessary ibr
the payment or collection of subscriptions to its stock, and
the transfer of the same; the conveyance of property; or
that in any other way may concern the management and
direction of the affairs of said company, in carrying into
effect the provisions of tiiis act.
. ,,. . Sec. 11. This act is declared a public act, to be and re-

A public act. . . I. r J 1 J r , ,' r i

mam in lorce lor the term oi twenty-nve years, irom and
PioviBo. after the date of its pas'vage; Provided, koivcver, That if

said company shall not have been organised under this
charter, and the works located, and businef:s commenced,
within two years from July first, nexl, this act shall be void,
and of no effect.

AprnovKP, Jan. IG, 183C.

Injforcc, Jan.
7, 183G.

^JV act to iiicot-porate the Marseilles Manufacturing
Company.

Company in-' Sec. 1. Be it enacted by the people of the Stalc~of Illinois,
eoiporatod. represented in the General Assembly, 1 hat Gurdon S. Hub-
bard, Robert V. Wo(xl worth, James A. Wood worth, L.
Kimball, Augustus Buttcrlield, William Whipple and James
Brown, and their associates and successors, be, and they
arc hereby constituted a body politic and corporate, under
the name of the "Marseilles Manufacturing company," to
be located in the town of Marseilles, Lasalle county; and
by that name shall have power to contract and be contract-
ed Avith, sue and be sued, plead and be impleaded, answer
and be answered unto, in all courts heiving competent ju-
risdiction; and shall be vested with all the power and priv-
ileges necessary to the object of their incorporv.tion.
Powers of cor- Sec. 3. The said company shall have j)Ower to give and
poiatiOTT receive promissory notes; to enter into and carry on all

kinds of mechanical and manufacturing business; to erect
mills, furnaces, and machine shops, for the manufacture of
flour, lumber, woollen and cotton goods; castings, machine-
ry, and f inning utensils.

139

Sbc. 3. The real estate owned by the said company, Amount of le-
over and above the lots of land on which their buildings *'*'^'*"5 to be
are erected, shall not exceed six hundred and forty acres, °^^"^ '
except such as may be held as collateral security for debts,
bona fide, owed to the said corporation, or may become the
property thereof by virtue of such indebtedness: and fur-
ther, no real estate acquired by such indebtedness, shall
remain the property of the said corporation for a longer
period than five years, under the penalty of a forfeiture
thereof, to the people of this state.

Sec. 4. The capital stock of said 'company, shall be Capital Stock,
two hundred thousand dollars, with power to increase the
same, at the pleasure of said company, to any sura not ex-
ceeding five hundred thousand dollars; which capital stock
shall be divided into shares of one hundred dollars each;
Provided^ That the total amount of debt which said corpora-
tion shall at any time owe, shall not exceed the amount of
their capital stock; and in case of such excess, those under
whose administ\-ation it shall happen, shall be holden for the
«ame, in their natural and private capacity: but this shall
not be construed to exempt the corporate property of the ^

company from being also liable and chargeable for such
excess. S b ■• •

Sec. 5. Subscriptions to the capital stock of said cor- hoVopTned"^'
poration shall be opened under the direction of the direc-
tors hereafter named, and if more than two hundred thous-
and dollars shall be subscribed, the}' shall distribute the
stock among the several subsci'ibei's, in such manner as
they shall deem most conducive to the interest of said cor-
poration. And it shall be the duty of the directors, for the
time being, to call for, and demand of the stockholders, re-
spectively, all sums of money by them subscribed, at such
limes, and In such proportions, as they shall see fit, under
the penalty of the forfeiture of their shares, and previous
payments made thereon, to the said corporation, always
giving thirty days notice in a newspaper printed in or near-
est to said town.

Sec. 6. The stock, property, and concerns of the said Concems, how
corporation, shall be managed and conducted by five direct- "^"aged.
ors, who shall, at -the time of their election, be holders, re-
spectively, of not less than twenty shares of the capital
Block of said company. Said directors shall be chosen an-^^^^'**" °^*"

-»■ ** , rectors

nually, on the first Monday in June, by the stockholders or
their proxies, which shall be by ballot; each share of the
capital stock shall be entitled to one vote; and the five per-
sons,receiving the greatest number of votes, shall be deem-
ed duly elected, to hold their offices one year, and until
ethers are elected to fill their places. The directors so

140

Bye-laws

chosen, or the mnjor part of them, shall constitute :i board,
and be competent to the transaction of business; and may,
from time to time, make and prescribe such bye-laws, rules
ai^d regulations, relative to the conccnis of said corpora-
tion, 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
aU others by them employed; and also shall appoint a treas-
urer, who shall give bond to the president and directors, in
such amount, and ia such manner as the said directors shall
prescribe. And the said directors shall have power to ap-
point such other officers, agents and clerks, as may be ne-
cessary for carrying on the business of said corporation.
^EC. 7. Gurdon 8. Hubbard, Robert V. "SV^oodworth,
First directors, j^^^^g H. Woodworth, L. Kimball and Augustus Butter-
field, shall be directors from the time this act takes clfect,
and un':il others are elected in their stead. Four weeks
previous notice of an election, after the first, shall be
given, of the time and place of holding such election, by
publishing such notice once in each week, for four weeks,
jmniediately preceding such election, in a newspaper print-
• ed in or near the said town; and such election shall be

holden under the inspection of the directors.

Sec. 8. The corporation hereby created, shall continue
twenty-five years, and no longer.

Sec, 9. The company shall at all times keep proper
books of accounts, in which shall be registered all the
transactions 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 directors to make annual divi-
dends, or at such other 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, whenever required by a majority of
the stockholders, shall exhibit, at a general meeting, a full
p,n4 perfect statement of the debts and credits, tmd all such
other matters as may be deemed essential, relating to the
affairs of the company.

Sec. 10. A majority of the stockholders, whenever they
deem it necessary, may call a special meeting of the com-
pany; and provided the regular elections, from any^cause,
shall not take place at the time herein provided for, lit shall
be lawful for any two of the stockholders to call a special
election, giving notice of the time and place, as herein pro-
vided.

Sec 11, The stock not disposed of by the directors, in
the manner herein before named, shall and may be issued
by the directors, for the time being, according to the bycr

Extent:

Shall keep
books.

Dividend?.

Special meet-T
inus.

Disppsftpn qf
stock.

Ill

laws and regulations that mny be adopted by the pnld com-
pany.

Sec. 12. The stock of said corporation shall bo deem- i^iock deemed
cd personal property, and assignable and transferable on i^^""-''^^ ^^^"V-
the books of the corporation. But no stockholder indcbt-*^'^ ^"
cd to the corporation shall be permitted to make a transfer,
until such debt be paid, or secured to be paid, to the satis-
faction of the directors.

Sec. 13. That nothing in this act shall be so construed
to invest said company with any banking powers, or to au- '" "'''
thorise 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 is hereby declared to be public, and A puWicact,
shall take effect from and after its passage.

Approved, Jan. 7, 1S3G,

In force 18tij

Ay ACT to Incorporate iJi 3 Illinois Expcvling Company. Jan., 1836.

Sec. 1. Be it enacted by the people, of the Stcitc, of Illinois, ^"^^'P'^'^y^^ '''■
ly^presciitedin, the General Assembly, That all such persons as'' '^^
shall become subscribers to the stock hereinafter described,
shall be, and they are, hereby constituted and declared a
body politic and corporate, by the name and style of the
"Illinois Exporting Company," from and after the passage of
this act: and by that name, they and their successors, shall
have succession; and shall in law be capable of suing and
being sued, pleading and being impleaded, in all courts and
places whatsoever, may have a common seal, alter and change Common Seal,
the same at their pleasure, and they and their successors may
also, by tliat name and style, be capable in law of purcha-
sing, holding, and conveying awa}-, real and personal estate,
for the uses and purposes of said corporation; which real
estate shall not exceed three acres of land, whereon to erect
the necessary buildings for carrying on the business of the
company, in any one county in this state.

Sec 2. The president and directors of said company Duectoi-^,
hereinafter provided for, shall have power, and are hereby
authorised to carry on the manufacture of flour, wool, hemp,
and other agricultural products: to export their products
and manufactures; to erect mills, works, machines, and such
other buildings as may be necessary to carry on their busi-
ness, and to enter into all contracts which may concern the
use and management of said property.

142

Caphal stock. c;;^^,^ 3^ rpj^p ^^^^j^.^j ^^^^.j. ^^^,^.^j company shall consist of
one hundred and liily thousand dollars, divided into fifteen
rio-.io hundred shares of one hundred dollars each: PrGvidcd never-

theless, that the stockholders of said company, at n general
meeting, and by a vote representing iu its majority at least
two thirds of the stock subscribed to said company, may
May be in- J^md are hereby empowered, to increase the capital stock of
croubci. said company, to five hundred thousand dollars, divided in

the same n]anner as before, into shares of one hundred dollars
each: P/m-K/ci-/, that the estates real and personal, of all and
each of the stockholders of said corporation, shall, at all
times, be liable for the debts of said company.
Place of meet- Sec. 4. That tJic gcneial place of meeting for said com-
'"*■ pany, shall be at Alton, in this state; but tlie president and

directors of said company, may select such other places of
P . business as to them may seem fit, for the general purposes

'^^'^°' of said company: Provided, That said company shall not be

authorised to erect any mills or other buildings in any county
in this state, other than at the place named in this act, unless
the said company shall first obtain the consent of the county
commissioners' court in such other counties; which consent
so obtained shall be entered upon the records of the court
or courts granting the same.
Commisf^joners Sec. 5. That for the purpose of carrying into effect the
cehe 'subfaip- *'^jc<"t of this incorporation, James S. Lane, Thomas G.
tion,-. riawley, Anthony Olney, John M. Krum, and D. B. Hol-

brook, are hereby appointed commissioners to obtain sub-
scriptions to the capil;al slock ofseid company; and said
commissioners, or a majority of them, after giving general
notice thereof, in some paper pi-inted in this state, may open
books for the subscription of said stock, at such times and
places as they may direct and keep the same open till at least
one thousand shares of said capital stock is subscribed. If
the requisite number of shares shall not be subsci-ibed with-
in thirty days after the books are opened, said commission-
ers, or a majority of them, shall take such measures for com-
pleting such subscriptions, as they may deem expedient and
Amount to be pj-QpQf^ Evcrv subscriber shall, at the time of subscribinc:,

paifl at time ol ' * , .1 *^ • • , , /. 1 1 1 y "1

snbscvihin". P^^J ^^ ^^^^^ commissionors the sum ot one dollar, lor each
share subscribed. When such subscription is complete, or
Avithin sixty da3's thereafter, said commissioners or a majority
of them, shall call a meeting of the stockholders at Alton, by
a printed notice in some newspaper of general circulation
within this state.

rv, , Sec. 6. That at said mcetino;, the stockholders of said

1^1'Gctoi's Wiicn

fleeted. ' company, shall proceed to elect five directors, who shall
manage; direct, and govern the aftairs of said company, one
year from the period of said election, and until their success-

143

sors, who shall be vested with the same authority, are elected*

Sec. 7. And that at said election each stockholder, sha'l Votes.
be entitled to one vote for each share of stock he may hold;
and a majority of all the votes given shall be required to make
an election.

Sec. 8. That the period of election shall be annually the
first Monday in the month in which the first election v/as
held.

Sec. 9, That immediately after the directors arc chosen
as above, they shall hold a meeting, at which, and at all sub-
sequent meetings, a majority shall constitute a quorum; that
they shall proceed to the election of a president from one of
their number; a secretary, who shall be sworn by a justice
of the peace to the faithful discharge of his duty, and who
shall record all votes of the corporation in a book to be by
him kept for that purpose; a treasurer, who shall give bond
to such amount and in such manner as the said ])residcnt and
directors shall direct, and [appoint] such other oihcers and
agents as to them may seem proper.

Sec. 10. That said president and directors shall have pow- l\i;iy make bye>
cr, from time to time, to make all such bye-laws and rules, ^'i^**:^-
not inconsistent with the constitution and laws of this state,
which may be necessary for the })ayment, or collection of
subscriptions to its stock, and the transfer of the same, the
conveyance of property, or that in any other way, may con-
cern the management and direction of the afi'uirs of said
company.

Sec. ll. Provided the provisions of this act shall in no Aci not t* ei-
ease extend to the counties of Edgar, Greene, and St. Clair. t<^"'' 'p ceitaira
This act may be repealed, altered, or amended by any Gen- '^°"""®'^-
eral Assembly of this state, that may be in session after the
expiration of twcnty-fivc years, from and after the lirst day
of May next.

Ai'PRovEj', Jan. 18^ 1836*

A JV ACT to incorporate the Alton Slid and Lead Maivfnc-- j^, force Jf
turing Company f lli, 1835.

Sec. 1. Be it enacted by the jjcople of the State of lilmois,
reprcscnifd in the General Assembly, That J. A. Townsend, ^"'"1^.^"-','
Benjamin J. Gilman, Isaac Prickett, Caleb Stone, Isaac '^'"''°^^*^'
Negus, and Sherman W. Robbins, and such other persons
as may be associated with them, arc hereby declared and
constituted a body corporate, by the name of the "Alton Shot

144

and Lead Manufacturing Company," for the purpose of
manufncturing shot and lead, in or near the town of Alton,
in the county of Madison.
C'siiiitai Slock Sec. 2. The capital stock of said company shall be fifty-
thousand dollars, and shall be divided into shares of fifty-
dollars each; and it shall be lawful for the said corporation,
when, and so soon as the capital stock of said company shall
have been subscribed for, and ten thousand dollars thereof
paid in, to commence their said business, and with that cap-
ital to conduct and carry on the same, until they shall find it
expedient to call in the remainder of the capital stock.
Duty of (liit'ct- Sec. 3. Subscription to the capital stock of said company-
's, shall be opened under the direction of the directors herein-
after mentioned, 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 proportions as they shall see fit> under pain
of forfeiting their shares, of all previous payments made
thereon to said company; always giving sixty days previous
notice in writing by their clerk to each stockliolder, of such
call or demand.
Block and con- Sec. 4. The Capital stock, 2>ropcrty, and concerns of said
fceins, by whom corporation, shall be managed b}^ five directors, and the first
con lie e . directors shall be, J. A. Townscnd, B. Jt Gillman, Isaac
Prickett, Isaac Negus, and S. W. Robbins, who shall hold
their offices for one year thereafter, or until an election of
directors shall take place, wdiich election shall be made an-
nually, on the first day of May, in the town of Alton, and
of each election a previous notice shall be given, at least
four weeks, by inserting the same in the Alton Spectator, or
some other paper printed in this state, and each election
shall be holden under the inspection of the directors for the
time being, and shall be by ballot, or otherwise, by plurality
of votes of the stockholders present, allowing onfe vote for
every share, and the stockholders not present may vote by
proxy.
Election ^^^' ^' ^^' ^^ should at any time happen that an election of
directors should not be made on the day when it ought to
have been made, the corporation for that cause shall not be
deemed discolved, but it shall be lawful on any other day to
meet, and hold an election of directors, in such manner as
shall have been prescribed by the bye-laws of said corpo-
ration.

Sec. C. The stock of said company shall be deemed per-
Stock deemod g^j^r^} property, and shall be assicnable and transferable ac-

personal prop- ,. i / "^i i ,i i- ° /•.!.• u • v ii

eity. cordmg to such rules as the directors lor the time being shall

make and establish; and no stockholder indebted to said
company, shall be permitted to make a transfer or receive

145

a dividend until such debts be paid to the satisfaction of the

directors. ,,,„.. , n, . .

Sec. 7- The directors shall at all times keep, or cause to r^ '^'^!°'l
be kept, proper books of accounts, in which shall be regu- ^
larly entered all the transactions of the company: which
books shall be subject to the inspection of the stockholders
at all times.

Sec. 8. The corporation erected by this act, shall continue ^" '°'*'^^' ^' '
for twenty-one years and no longer.

Sec. 9. The corporation enacted hy this act shall be ca- May purchase

r, , 1^.1 1 111 1 ^1"^' hold real

pable, and are authorised to purchase, hold, and convey any estate,
estate, real or personal, that may be absolutely necesssary
to enable the same to carry on efficiently its business, as de-
fined in this act, and for no other purposes whatever.

Approved, Jan. IG, 1836.

JlJV ACT for the construction of the Illinois and Michigan in hvce, Jan.

Canal 9, I8:i(3.

Sec. 1. Be it enacted by the people of the State of Illinois, q'^^^j^^^. ^^_
represented in the General Assembly, That the governor of thorised to ne-
this state be, and he is hereby, authorised and empowered gotjate a loan
to negotiate a loan on the credit and faith of this state, as "(^y^^J^'*'^ °^
hereinafter provided, for the purpose of aiding in connec-
tion with such other means as may be hereafter received
from the government of the United States, in the construc-
tion of the Illinois and Michigan Canal, a sum not exceed-
ing five hundred thousand dollars, which shall be required
to be paid at such times and by instalments, as the same may
be needed in the progress of the said work, as near as the
same can be estimated.

Sec 2. The governor shall cause to be constituted cer- Certificates of
tificates of stock for the said loan, to be called the "Illinois ^'°=^-
and Michigan Canal Stock" signed by the Auditor, and
countersigned by the Treasurer, bearing an intererest not
exceeding six per cent, per annum payable semi-annually,
at the bank of the state of Illinois or any of its branches,
or at some bank in the cities of New York, Philadelphia,
Boston or either, as may be agreed upon, and reimbursable
at the pleasure of the state, at any time after the year one
thousand eight hundred and sixty, and the faith of the state Faith of the
is hereby irrevocably pledged for the payment of the stock state pledged.
hereby created, and the interest accruing thereon.

140

Trausferiugof ^gc. 3. The governor shall take and use all proper
^ °*^ ■ means and measures, for the transfering of the said stock.

Ceitiikates of ^^^' ^' ^^ ^^^^^^ ^® deemed a good execution of the said
stock to be sold power, to borrow, for the governor to cause the said certifi-
cates of stock, w^hen created to be sold ; Provided, that the
said stock shall not in any case be sold for less than its par
value.
Monies to be ^^c* ^' ^^ shall be the duty of the governor to cause the
deposited in said monies from time to lime, when paid or advanced, to be
bankatniteiest(jgpQgj^g(j [t^ somc safe bank or banks until wanted for use,
at the best interest that can be obtained for it, to be drawn
out as hereinafter provided, taking therefor the proper secu-
rities for the safe keeping of the same.
Whatconsti- Sec. 6. The mouey thus loaned, the premiums arising
tutes canal from the Sale of any stock thus created, the proceeds of
the canal lands and town lots, and all of the monies in any
* way arising from the contemplated canal, shall constitute

the canal fund, and shall be used for canal purposes, and
. for no other whatever, until the said canal shall have been

loviso completed; P/-oDicZec?, that nothing herein contained shall be

so construed as to prevent appropriatigns from being made,
out of the said fund for semi-annual payment of the interest
upon the canal stock herein authorised to be created, and
the governor is hereby authorised to cause the said interest,
to be paid out of the said fund.
Governor to^ ^^^ ^^ rpj^^ govcmor of this state by and with the advice
appoiii oai . ^^ ^j^^ senate, shall appoint three practical and skilful citi-
zens of this state to constitute a board, to be known by the
style and description of "the Board of Commissioners of the
Illinois and Michigan Canal" and he shall designate one of
said commissioners to be president thereof, one to be treas-
urer and one to be acting commissioner; whenever any va-
cancy shall occur in the said board of commissioners by
Vacancy, how (jeath resignation or from any other cause the governor of
^^''' this state shall fill such vacancy during the recess of the

legislature, and the governor shall have power to remove
from office any canal commissioner for good cause which
he shall make known in a communication to the next ensuing
general assembly.
Term of service Sec. 8. The board of commissioners to be appointed as
aforesaid shall hold their office until the first Monday in
January 1837, and thereafter the said board of commission-
ers shall be biennially appointed in such manner as the legis-
lature may from time to time direct.

Sec. 9. The acting commissioner shall be allowed a sal-
Salary, ary of twelve hundred dollars per annum, and the rest of
the board shall each be allowed a compensation of three
dollars per day while necessarily employed in the business
of the canal.

147

Sec. lO. The said board of commissioners is hereby con- incoipoiated.
stituted a body politic and corporate with full power and
authority in their corporate name to contract and be con-
tracted with, sue and be sued, defend and be defended, plead
and be impleaded, in all the matters and things relating to
them as canal commissioners, and they shall have and use
a common seal of such device as the governor may direct.

Sec. 1 1. The board shall appoint a secretary, whose duty To appoint a
it shall be to keep a true record of all their proceedings; secietaiy.
they shall hold quarter yearly meetings, and special meet-
ings whenever any two of them, or the acting commissioner
may desire it, any two of them shall constitute a quorum to
do business.

Sec. 12. Before entering upon the duties of their office Commissoneis
each of the said commissioners shall make oath or affirma- 'o^^s""°i"
tion, faithfully, honestly, and truly to execute and discharge
all the duties and obligations herein imposed upon them,
and each of them as canal commissioners, and they shall
severally give bonds to the governor and his successors in
office for the use of the state, in the sum of ten thousand
dollars with sufficient securities, for the faithful discharge
of the duties imposed upon them by this act; Provided, ^mr'iso
that the governor may at any time require additional bonds
of said treasurer, whenever he may think that the safety of
tlie funds require it.

Sec. 13. Whenever all or any part of the money upon When money
any contract shall become due, it shall be the duty of the '^^"° treasurer

J 1 1- jiiji r • p /-rnay draw

treasurer to draw his warrant or check, theretor in lavor oi check on bank
the contractor, upon the bank or banks in which the canal
fund shall have been deposited, which warrant or check,
shall be countersigned by the acting commissioner and shall
be under the seal of the board.

Sec, l4. It shall be the duty of the acting commissioner Commissioners
to obtain from the cashier of the bank, or banks, in which to obtahi a
the said fund shall have been deposited, a quarterly report, ^"^"tity, report

, ., . . 4 r u • • J • J .' horn bank and

exhibiting a true account ot all monies received in deposite lay it before
on account of the canal fund and paid out of the said fund board
during the previous quarter, which report shall be laid
before the board of canal commissioners, and within twenty
days thereafter, shall be examined by the said board, and
compared with the accounts of the treasurer and an entry
shall shall be made in the books of the said board that the
said examination has been hiade by them, and that the two
accounts correspond, if such be the case, and each com-
missioner present shall sign his name to the record of such
examination.

Sec. 15. It shall be the duty of the acting commissioner;^ . .

1st. To make under the direction of the board, all neces- to contract for

148

materials and
labor

Conduct of all
officers

To enforce du-
ties.

To examine
state of canal
and have su-
perintendence
thereof

Description

Proviso

Measures for
constructing

Furnish means

Powers

May use lands
water streams

sary contracts for the supply of material, and the perform-
ance of labour.

2nd. To inquire into the official conduct of the agents,
clerks, superintendents, and all subordinate officers and to
receive and hear all complaints that may be prefered against
them.

3d. To enforce the faithful execution by all persons con-
cerned, of the duties and obligations imposed upon them by
this act.

4th. To examine frequently and carefully, into the state
of the canal, and the progress of the works thereon.

5th. To have the immediate care and superintendance of
the canal and all matters relating thereto.

Sec. 16. The said canal shall not be less than forty-five
feet wide at the surface, thirty feet at the base, and of suffi-
cient depth to insure a navigation of at least four feet, to be
suitable for ordinary canal boat navigation, to be supplied
with water from Lake Michigan and such other sources as
the canal commissioners may think proper, and to be con-
structed in the manner best calculated to promote the per-
manent interest of the country; reserving ninety feet on
each side of said canal, to enlarge its capacity, whenever
in the opinion of the board of canal commissioners, the pub-
lic good shall require it; Provided, that all persons who have
purchased, or shall hereafter purchase lands fronting the
said canal shall be permitted to lease from the said board
the said reserved ground on each side of said canal, from
year to year, or until the said ground shall be wanted to
enlarge the capacity of said canal, for the best price that
can be obtained, to be paid into the canal fund.

Sec. 17. They shall take efficient and proper measures
for the immediate construction of the said canal; shall put
such parts of it as they may deem proper under contract as
herein provided and shall have the general care and super-
intendance thereof.

Sec. 18. They shall inspect and examine into the accounts,
books, state of the treasury, and all of tlie proceeedings of
the treasurer and of the acting commissioner.

Sec. 19. They shall furnish the acting commissioner with
all proper means and facilities, that may be necessajy to
enable him to discharge the duties herein imposed upon
him.

Sec 20. They shall have full power and authority in
their good judgment to do, in relation to the construction
and completion of the said canal, all things, not otherwise
herein provided for.

Sec 21. It shall be lawful for them to enter upon and
use any lands, water, streams and materials of any descrip-

149

tion necessary for the prosecution of the works contem-
plated by this act.

Sec. 22. They may employ such and so many, agents, To employ a-
enginecrs, surveyors, draftsmen and other persons as they s^"'^'^"S'neen
may judge necessary to enable them to discharge their du-
ties as commissioners, and may pay such compensation as
they shall judge reasonable to each person so employed.

Sec. 23. Public notice shall be given of the time and Notice of eu-
place at which proposals will be received for entering into J^^

taring into con-

acts

contracts; which notice shall be previously published for at
least six weeks, in a newspaper printed at Chicago and in
such other papers either in this state or elsewhere as may
be deemed proper.

Sec. 24. Proposals for contracts shall be sealed and shall Proposals
be for a sum delinite and certain, as to the price to be paid
or received, and shall be let to the lowest and most respon-
sible bidder, accompanied with good and sufficient security
for the faithful performance of such contract.

Sec. 25. And it shall be the duty of the commissioners to To let out con
let out all contracts for labor on conditions to be expressed tracts
in the contracts, as will authorise said commissioners to de-
clare all contracts to be abandoned and to re-let the same
to more efficient contractors, whenever in the opinion of the
acting commissioner, or the principal engineer on the work,
the contractor or contractors refuse or neglect to prosecute
his or their contract, with a force proportionate to the
amount of work to be performed and the time within which
the same, by the terms of the contract is required to be
completed; and in all cases where an unfinished contract
shall be declared to have been abandoned as aforesaid, the
per centage on the amount of work performed, which the
commissioners are required to retain until the completion of
the job, shall be forfeited to the use of the canal fund.

Sec. 26. All contracts . concerning the contemplated ^*'"^/'^*^^^ "^ '^°
canal shall be made in writing, under the seal of the board, ditor
and of each contract, three copies shall executed by the
parties one of which shall be retained by the board, and
one shall be immediately forwarded to the auditor of public
accounts, and by him filed in his office.

Sec. 27. All materials procured or partially procured Materials ex-
under any contract with the commissioners, shall be exempt empt from ex
from execution; but it shall be the duty of the commission- ^'^""""'
ers to pay the money due for such materials to the judgment
creditor of the contractor under whose execution such ma-
terials might have been sold upon his producing to them due
proof that his execution would have so attached, and such
payment shall be held a vaUd payment on the contract.

Sec. 28. In case of the death of any canal contractor

150

Death ofcon-
tractoi-s

Rules and rec
ulatioiis

To be posted

Filed in Audi-
tor's office

To select canal
route, town site
and laj' off lots

To sell lots in
Chicago and
Ottowa

Proviso,

who shall at the time of his decease, be indebted to any
labourers for work done on the canal, it shall be lawful for
the board, if they think proper to pay such labourers out of
any money that may be due to the deceased contractor, and
the receipt of such labourers shall be a good voucher in
offset to the sum due the deceased contractor, from the
board, on the final settlement between them and his execu-
tors or administrators; Provided, that the said persons shall
first obtain a judgment against the administrator of such
deceased contractor, and produce a certificate Irom the
court,judgeor justice of the peace, that the judgment was
rendered for work done on the canal or for materials fur-
nished therefor and for no other cause.

Sec. 29. The board shall from time to time make such
rules and regulations, not inconsistent, with the laws of this
state, in respect to the persons employed about the canal,
injury done to the said canal or locks, and the management
and navigation of the same, and impose such forfeitures of
money for the breach of such rules and regulations, as they
may judge reasonable, but no forfeiture imposed, shall for a
single offence exceed the sum of fifty dollars over and above
the amount of actual damage done.

Sec. 30. They shall cause a sufficient number of such
rules and regulations to be posted up for public inspection,
and shall transmit a copy of them, from time to time to the
governor, as they may be made, in their next quarterly and
annual reports.

Sec. 31. All rules, regulations, and forfeitures, establish-
ed by them as aforesaid, shall be filed in the office of the
auditor, and a copy thereof certified by him under his hand
and seal of office, shall be received in all courts of law as
due proof, that such rules, regulations and forfeitures were
by them established.

Sec. 32. The commissioners shall examine the whole
canal route, and select such places thereon as may be eligi-
ble for town sites, and cause the same to be laid off into
town lots, and they shall cause the canal lands in or n£ar
Chicago, suitable therefor, to be laid off into town lots.

Sec. 33. And the said board of canal commissioners shall
on the twentieth day of June next, proceed to sell the lots
in the town of Chicago and such part of the lots in the town
of Ottowa, as also fractional section fifteen, adjoining the
town of Chicago, it being first laid off and subdivided into
town lots, streets, and alleys, as in their best judgment will
best promote the interst of the said canal fund; Provided al-
zvays, that before any of the aforesaid town lots shall be
offered for sale, public notice of such sale shall have been
given in such newspapers, not less than five in number,

151

including the one printed at Vandalia, either in this or oth-
er states as the board may think best, at least eight weeks
prior to any sale; Provided further, that if no sale be made
on the day herein named, such sale may be made at any
time thereafter, upon giving the notice and upon the terms
lifcroin required.

Sec. 34.. It shall be the duty of the canal commissioners. To make out a
before the day appointed for any sale of lots, to make a list ^'^t oi iots&.c
of the lots intended to be offered, describing them by their
numbers, and value, each lot separately and certify the <^ ^nify the

' 1 • 1 1 1 1 1 • 1 1 • -r- same to the

same under their hands and seals, which list and certmcate tieasmer
shall be filed with the treasurer and preserved, and no lot
shall be sold for less than the valuation; and all lots remain-
ing unsold shall be again advertised for sale in the manner 2iid sale
aforesaid, and said commissioners shall continue from time
to time to advertise for sale all lots remaining unsold, at any
public sale, until the whole shall be sold, and no lot shall
be sold, except at a public sale, to the highest bidder; Pro- ^iQ^'^so-
vidcd, that all persons who may have made improvements
upon any of the lots authorised to be sold, shall be per- may beTemov-
mitted to remove such improvement at any time before the ed before sale
day fixed for the sale of any such improved lots, being res-
ponsible for all unnecessary damage done or suffered by
such removal.

Sec 35. The terms of sale shall be as follows, to wit: Terms of sale
one fourth of the purchase money to be paid in advance at
the time of purchase, and notes taken for the payment of
the residue in three equal annual instalments, bearing an
interest of six per cent, per annum, payable annually in ad-
vance, and a failure to pay such interest or the residue of
such principal within twenty days after the same or any
instalment thereof becomes due, shall forfeit to the state for
the benefit of the canal fund, the said lot or lots, and all
claim thereon; and if any purchaser before forfeiture, shall
commit unnecessary waste, upon any lot or lots not paid for, Waste
he, she or they, so offending, shall be subject to an action at
law for damages to said commissioners, and a certificate of
the acting commissioner of any forfeiture, shall authorise the
sheriff" of the proper county, with the posse comitatus, to
give such board possession of such forfeited lot or lots, on
behalf of the state, and the lot or lots so forfeited as afore-
said shall be re-sold without let or stay, extent of time or
subsequent relief of any kind whatever, the same bringing
the appraised value.

Sec. 36. In all sales of canal lots, the secretary and treas-
urer shall act as register, and receiver, and shall be govern- Secretary and
ed by the same rules, that now govern registers and receiv-ac?ane^.;^ist'er
ers in the United States' land offices in this state, except as and receher
is herein provided.

152

Treasuiei- to Skc. 37. It shall be the duty of the treasurer upon tlie
giaiiicem ca'c payment of the purchase money, to grant to the purchaser
or purchasers, a certificate, containing a description of tiie
land or lots purchased, and the price for which the same was
sold, and shall forward a duplicate of such certificate to the
auditor of the state, Mdio shall record the same; and *he
person holding such certificate, shall upon prpscnting the
same to the governor receive a patent for the land described
therein, signed by the governor, and countersigned by the
secretary of state, with the seal of the state affixed thereto.
Moneys to be Sec. 38. All monies paid to the treasurer for the pur-
depositei) m chasc of any canal lands or lots shall be by him immediately
deposited in some bank, under the direction of the gover-
nor, for the payment of the interest of the canal loan, and
for work done on the canal.
j^ . Sec. 39. None of the board of canal commissioners shall

sionertopui- be allowcd to purchase any of the canal lands or lots herein
ciiasc lands or authorised to be sold, nor shall they, or either of them directly
^°'®' or indirectly, be concerned in any such purchase or have any

manner of interest therein, and all sales in which the said
commissioner, or any of them shall be in any way interes-
ted, shall be absolutely null and void, the purchase money
shall be forfeited, and the land shall revert to the canal
fund; but said canal commissioners or either of them, are
hereby required and authorised to bid for any \ract or lot
Commissioner of land, SO offered for sale, if in their opinion the interest of
to bid ior lands ^j^^ canal fund requires it, and in such case the bid shall be

or lots lor the ., r-i •• r ji r jt , i

state in the name of such commissioner tor the use ol the state,

and the said lot or tract shall revert by such bid to the state
for the use of the canal fund, and shall be subject to sale
thereafter, as other lots or tracts Are now, or hereafter may
be by law subject to sale. Any commissioner who shall be
guilty of a violation of the provisions of this section, shall
be deemed to have perpetrated a fraud, and upon indictment
and conviction thereof, in any court having competent ju-
risdiction, shall be punished by forfeiture of his office, and
fined in a sum not less than one thousand nor more than five
Proviso thousand dollars; Provided^ that a prosecution for such

offence shall be commenced, within ten years after the com-
mission of the same.

Sec. 40. If any two or more persons shall combine thcni-

Pei-sons^combi- j,gj^gg together for the purpose of lessening competition at

lo wd^LgainsT' the sale of any of the canal lands or lots, or if they shall

each other. agree or liavc any understanding among themselves, that

they will not bid upon one another, at any such sale for the

purpose of obtaining the said canal lands or lots at a low

price; the same shall be deemed a fraud and any person or

persons convicted thereof, in any court having competent

153

jurisdiction, shall be fined in a sum not less than one hun-
dred nor more than one thousand dollars, one moiety thereof,
to the use of the person informing, and the other moiety to
the canal fund, and any patent issued for any lands or lots
purchased as aforesaid shall be absolutely null and void"; the
money paid therefor shall be forfeited, and the lands or lots
so purchased shall revert to the canal fund. And it is here-
by declared to be the duty of the state's attorney to pros- .
ecute for all such offences; Provided^ that all such prosecu- ^ ^'* '
tions, shall be commenced within ten years after the com-
mission of the offence.

Sec. 41. The revenue arising from the Illinois and Mich- Revenue, tolls,
igan canal, and from the lands granted, or that may hereaf- &c. pledged.
ter be granted to the state of Illinois, by the Congress of
the United States, for the construction of the said canal,
and the nett tolls thereof, are hereby pledged for the pay-
ment of the interest accruing on the stock, that may be cre-
ated in pursuance of this act, and for the reimbursement of
the principle of the same.

Sec. 42. The board of commissioners, shall, quarterly. Make report to
viz: on the first Monday of March, June, September and '^® 6°^'"°''
December in each year, make a minute and particular
report to the governor, which report shall set forth in a plain
and intelligible manner, all of their acts and doings in rela-
tion to the said canal, and the canal lands and lots, all of the
money received and expended, the work done, and the price
allowed for the various kinds of work, the contracts made,
with whom made, and the security given, the number of
engineers, draftsmen, clerks and agents, of every description
by them employed, and the amount of compensation paid
to each, the progress of the canal, their contemplated plans
for the next three months, with an estimate of the probable
amount of money, that will be required to be expended for
canal purposes, during that time, together with such other
matters and things as they may see fit to add ; and also the
amount, time and rate of any loan made by virtue of this
act, which report or the outlines thereof, the governor shall
cause to be published.

Sec. 43. They shall annually on the first Monday of De- '^"""*' '"P""
cember, make a report to the governor, setting forth all of
their act and doings in relation to the canal and canal
lands and lots, during the previous year, in like manner as
is required of them in their quarterly reports, containing
such statements and estimates for the year as their quarter-
ly reports do for the quarter.

Sec. 44. The said canal shall commence at or near the Commencment
town of Chicago, on canal lands and shall terminate near ^jon,^*™'"*"
the moulh of the little Vermillion in La Salle county and
on land owned by the state. 30

154

Act repealed Sec. 45. The act, entitled an act for the construction of
the Illinois and Michigan canal, approved February the
tenth eighteen hundred and thirty-five, is hereby repealed,
and any canal commissioner heretofore appointed under any
law of this state be and the same is hereby declared to be
out of office from and after the passage of this act, any
law to the contrary notwithstanding.

Approved, Jan. 9, 1836.

In force, Jan,
15, ISSf,

Corporation

Truiteei.

El((]t^on5.

AM ACT to incorporate the Danville Academy »

Sec. 1. Be it enacted hy the people of tlie State of Illinois^
represented in the General Assembly, That the persons
hereafter to be elected, in pursuance of the provisions of
this act, and their successors, be, and they are hereby
created a body politic and corporate, to be styled ''The
Trustees of the Danville Academy," and in that name to
remain in perpetual succession, with power to sue and be
sued, to plead and be impleaded; to acquire, hold and con-
vey property, real and personal; to have and use a common
seal, to alter the same at pleasure; to make, and alter from
time to time, such bye-laws as they may deem necessary for
the government and regulation of said institution, and its
officers and servants and property: Provided, Such bye-laws
be not inconsistent with the constitution and laws of the
United States, and of this state, or of this act.

Sec. 2. The trustees of said institution shall consist of
nine stockholders. At the first election, three of whom
shall be elected by ballot, for the term of three years; other
three shall be elected for the term of two years; and the
other three shall be elected to serve for the term of one
year; and who shall continue in office until their succes-
sors are duly elected; and every year thereafter, there shall
be an election of three trustees, held at some convenient
place, to be from time to time ascertained and fixed by the
bye-laws of the said corporation, until the said academy is
fitted for holding elections therein; after which, all elections
ishall be held at such academy, and that any person holding
inore than one right or share in said academy, shall be en-
titled to one vote for each right or share, he or she shall hold
in the same.

Sec. 3. The stockholders of said institution shall have
power to fill such vacancy or vacancies of said trustees as
may happen by death, resignation, or otherwise; and the

■i •' t,
IDO

Sfiid trustees shall hold the property of said institution^
solely for the purposes and advantages of education in said
academy, and not as stock for the individual benefit of
themselves, or any contributor to the endowment of the
same; and no particular religious faith shall be required of
those who become trustees or students^ teachers, officers or
servants of the said institution.

Sec. 4. Said institution shall be located in, or within Location.
one fourth of a mile of the town of Danville in the county
of Vermillion, in said state; and the said trustees shall be Trustees pd^v•
competent in law or equity, to take to themselves and their ^^^^^
successors in office, in their said corporate name, any estate,
real or personal, or mixed, by the gift, grant, bargain and
sale, conveyance, will, demise 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 on interest, or otherwise dispose of, for the use of said
institution, in such manner as shall seem to them most ben-
eficial to the institution; said trustees shall faithfully
apply all funds collected, or the proceeds, according to their
best judgment, in erecting and completing a suitable buil-
ding or buildings, supporting the necessary officers, instruct
tors, instructresses, and servants; and procuring books,
maps, charts, globes, philosophical and other apparatus,
necessary to the success of said academy: Provided never-
theless^ That in case 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. 5. The stockholders shall tricnnially elect a treas-
urer for said institution, who shall, before he enters upon Tieasur^^ to
the duties of his office, give a bond with approved security s>^« ''°°<^-
to the trustees of the Danville Academy, in such penal
sum as they may require, for the due and faithful perform-
ance of his duty as treasurer; and in case of the death,
removal, or refusal, or neglect to serve, as a treasurer for
the time being, it shall be lawful for the trustees of the
said academy, at any of their meetings, to appoint another
treasurer instead of the one dying, removing, refusing, or
neglecting to serve as aforesaid; to remain in office till the
expiration of the time during which his predecessor was
entitled to serve; and all process against the corpora,ti6n,
shall be by summons, and the service of the same, shall be
by leaving an attested copy thereof with the treasurer, or
at his usual place of abode, at least thirty days before the
return thereof,

15J

Sec. 6. The trustees shall have power to employ and
Trustees toap- appoint a principal for said institution, and all such instruc-
P"'"^^ P^''"^'" tors and instructresses, and also such servants as may be ne-
^ ■ cessary; and shall have power to displace any, or either of

them as they may deem the interest of the institution to
Vacancies. require; to fill vacancies which may happen, by death,
resignation, or otherwise, among said officers and servants.
Hold lands. Sec. 7. The lands within the bounds of the state, held

in perpetuity by this corporation, shall not exceed forty
acres at one time, and if donations in lands shall 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 five years from the date of such donation, for the
benefit of said institution; in failure whereof, the lands so
given, shall revert to the donor or grantor of the same, or
to their heirs; and the said board of trustees shall in no
case, lease or rent out any lands so held, for a longer term
than four years from the time of such donation or grant.
Trustees ^^^' ^' '^^^ trustees shall meet annually, and oftener if

they think necessary, in the town of Danville, or at the
Elections &c. academy, and shall appoint one of their body a clerk, who
shall keep a faithful and correct i^ecord of all the proceed-
ings of said trustees; they shall elect all of their officers,
instructors, instructresses and servants, by ballot, and a
majority of said trustees shall be sufficient to do business
appertaining to the welfare of said institution.

Sf.c. 9. That on the payment of ten dollars to the treas-
e. ,, ,, urer of said institution, every free white person shall be

BJtockliolduiF. ,1111 11 -11 J 1

considered a stockholder, and be entitled to one vote; and
that it shall be lawful for each and every stockholder for
the time being, of said institution, his executors, adminis-
trators and assigns, to give, sell, devise, and dispose of
their respective rights or shares in the said academy; and
that their respective assignees, shall be stockholders of said
institution, and shall be entitled to all the same rights and
privileges m said institution, as the original stockholders

Proviso. are entitled to by this act: Provided, That a part of a right

or share in said academy, shall not entitle the proprietor or
owner thereof, to any privileges whatever in said institu-
tion.

CommissioneiF. Sec. 10. That John Haworth, Dr. Thomas Heywood,
George Barnett, Nicholas Van Deusin, Thomas Chenno-
with. Dr. John Woods, George Scarborough, Alexander
McDonald, Oliver West, James Partlow, Dr. William
Walters, Solomon Gilbert, Dan. W. Bcckwith, Charles
Martin, Thomas C. Forbes, Peleg Spencer, Samuel Mc-
Roberts, William E. Russell, and Amos Williams of Ver-
million county; William Webber, and Moses Thomas of

157

Champaign county; Hugh Newell, and Isaac Cartwright
of Iroquois county; and Milton K. Alexander, and Gideon
Miner of Edgar county; and Charles S. Morton, and Joseph
Van Deeren of the county of Coles, be, and they are here-
by appointed commissioners, to solicit and receive subscrip-
tions of stock to said institution, and give receipts for the
same; and that when the sum of fifteen hundred dollars of
stock is subscribed, said commissioners, or any three of
them, shall be, and they are hereby authorised to give public
notice for three weeks, in some public newspaper published
in this state; and by posting up written notices in six of
the most public places in the county, of the time of holding
an election of trustees of the said institution; which said
election shall be held at the court house in Danville, Illinois, Election held,
between the hours of 12 M., and 6 P. M. on said day; and
that the said commissioners or any three of them, be, and
they are hereby appointed judges of said election. The
second election for trustees, and every subsequent one, shall
be held on the first Monday in October annually, at the
academy, between the hours of 12 M. and 6 P. M., on said
days. That each stockholder shall be required, at, or be- Pay a certain
fore the first election for trustees, to pay to said commission- portion,
ers five dollars on each share by him or her so subscribed,
and the residue in six months from the date of such election:
Provided, That any stockholder refusing or neglecting to
pay the balance due on any share or shares, shall forfeit to
said institution, the money paid on such share or shares so
neglected.

Sec. 11. All elections for trustees shall be by ballot, with Elections,
the name of the voter, or stockholder, written or printed
on the ballot, and the number of shares of stock, he or she
holds in said institution, and (after the first election,) shall
be given to the treasurer or clerk of the board of trustees,
a majority of whom shall act as the board of election.

Sec 12. The said academy when erected and in opera- -
tion, shall at times be open for the use and privilege of
every free white person, within the United States, who
may wish to be instructed by the instructors or instructres-
ses employed by the trustees thereof: Provided, Said free
white person will comply with the laws and bye-laws, and
pay the sum affixed by said trustees, for the instruction of
the students attending at the same: Provided nevertheless^
That each and every stockholder in said institution, shall be
entitled to the admission of one pupil in the same, for each
and every share he or she may legally hold therein.

Sec. 13. That every free white person who may at any Money tender-
time tender the sum of ten dollars to the treasurer of the ed.
institution, it shall be his duty to accept the same, and give

138

Auornej Gen
eial.

Elections,

the person so tendering the money a certificate of the)
same.

Sec. 14. If at any time this corporation shall act contra^
i'y to the provisions and intent of this charter, or shall in
any manner abuse the powers herein granted, it shall be
. the duly of the attorney general, to file an information, in
the nature of a quo warranto, for the purpose of vacating
and annulling this act, and the powers herein granted;
Provided,, hoicever, In case the charter is, in that event an-
nulled and vacated, the trustees of the said institution, shall
have the power of selling and disposing of all the property^
real and personal, for the benefit of the stockholders; the
proceeds of which, shall, by the said trustees, be paid over
to the owners, within three years from the time of such sale
and disposition; Atid provided also, That in case of neglect
or refusal by said trustees, to pay over the money as afore-
said, within the time aforesaid, the stockholders may insti-
tute a suit, or suits, in law or equity, against such trustees
jointly, who shall be liable to the amount of the real and
personal property belonging to said institution, and costs of
suit.

Sec. 15. That in case it should happen that an election
of trustees should not be made on any day, when, pursuant
to this act it ought to have been made, the said corporation
shall not for that cause be deemed to be dissolved; but that
it shall be lawful, on any other day, to hold and make an
election of trustees, in such manner as shall have been
regulated by the bye-laws and ordinances of said corpora-
tion.

Approved, Jan. 15, 1836.

AJ^ ACT to imorporate the Carmi Academy*

Sec. 1. Beit enacted hy the people of the State of Illinois,
represented in the General Assembly, That Frederick Wil-
mans, Thomas Shannor, William Wilson, E. B. Webb,
John M. Robinson, Josiah Stewart, Daniel Hay, and James
Ratcliff, and their successors, be, and they are hereby crea-
ted a body politic and corporate, to be styled and known
Name and style by t^g name of "The Trustees of the Carmi Academy,"
Son"^"'^'"'' and by that style and name to remain and have perpetual
succession. The said academy shall be, and remain at, or
near Carmi in the county of White, and state of Illinois.
Trustees. The number of trustees shall not exceed twelve, one of

In force 16th
Jan. 1836.

Compaby in
t:orpt>rated.

159

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
remaining vacancies at their discretion.

Sec. 2. The object of said corporation shall be the pro-
motion of the general interests of education.

Sec. 3. The corporate powers hereby bestowed shall be Poweis of said
such only as are essential or useful in the attainment of corporation.
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, plead and be impleaded, g^|f/"'^ ^^
to grant and receive by its corporate name, and to do all
other acts as natural persons may, to accept, acquire, pur-
chase or sell property, real, personal, or mixed, in all law-
ful 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 bye-
laws for its regulation as are not inconsistent with the
constitution and laws of the United State or of this state,
and to confer on such persons as may be considered worthy,
such academical or honorary degrees, as are usually confer- Confer degrees.
red by similar institutions.

Sec. 4. The trustees of said corporation, shall have
authority from time to time, to prescribe and regulate the
course of studies to be pursued in said academy, to fix the Course of stu-
rate of tuition, and other academical expenses; to appoint 'i'^^-
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 displace
or remove them; to erect necessary buildings; to purchase
books, chemical and philosophical apparatus, and other Books,
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 Vacancies.
perpetual succession, shall have power to fill any vacancy
which may occur in the board from death, removal, resig-
nation, 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 Tmstess,
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 for the per-
formance of such duties as the bye-laws may require of
him.

3ec. 7. The said institution shall be open to all denom-

160

illations of christians, and the profession of any particular
religious faith, shall not he required of those who become
students; all persons however, may be suspended or expel-
led from said institution, by the trustees thereof, whose
habits are idle or vicious, or whose moral character is bad.
Concernin-' Se.c. 8. The lands, tenements, and hereditaments, to be

coipoiatjon, held in perpetuity by virtue of this act, by said corporation,
shall not exceed six hundred and forty acres; Provided how-
Proviso. 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 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 lands 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 the heirs of the devisor of the same.

Approved, Jan. 16, 1836.

In force Jan.
18. 1836.

Trustees incor-
poraterj.

AJV ACT to incorporate the Franklin Manual Labor
College,

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That Calvin Bushwell,
Royal Bullard, James Mathers, A bram Holderman, Eben
M. Hills, Ezra Goodhu, Reuben Beach, Isaac Clark,
James S. Murray, Isaac Scarrett, William H. Brown, sen.,
Isaac T.' Hinton, Silas Meacham and Isaac Wilson, and their
successors, be, and they are hereby created, a body politic
and corporate, to be styled and known by the name of
"The Trustees of the Franklin Manual Labor College,"
and by that name and style to remain, and have perpetual
succession. The said college shall be located either in the
county of Cook, or the county of La Salle, at the option
of the said trustees. The number of trustees shall not ex-
ceed twenty-five, exclusive of the president, principal, or
presiding officer of the college, who shall, ex oflicio, be a
member of the board of trustees: no other instructor shall
be a member of the board of trustees. For the present,
the above named individuals shall constitute the board of
trustees, who shall fill the remaining vacancies at their dis-
cretion.

Sec. 2. The object of this corporation shall be the pro-

161

motion of the general interests of education, and to qualify Objects of the
young men to engage in the several employments and pro-^°'P°^^ •°""
fessions of society, and to discharge, honorably and usefully,
the various duties of life.

Sec. 3. The corporate powers hereby bestowed, shall Corporate pow-
be such only as are essential in the attainment of said ob- ers.
ject, and such as are usually conferred on similar bodies
corporate, viz: to have perpetual succession; to make
contracts; to sue and be sued, plead and be impleaded; to
grant and receive in its corporate name; and to do all other
acts as natural persons mi\y; 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 man-
ner as shall seem to the trustees best adapted to promote
the above mentioned objects: to have a common seal, and
to alter or change the same: to make such bye-laws for its
regulation as are not inconsistent witii the constitution or
laws of the United States, or this state; and to confer on
such persons as may be considered worth}^, such academ-
ical and honorary degrees as are usually' conferred by sim-
ilar institutions.

Sec 4. The trustees shall have power, from time to Duties and
time, to prescribe and regulate the course of study to be p°"^"so'' ti'"K-
pursued in said college, and in tlie preparatory departments,
if any attached thereto; to fix the rate of tuition, room
rent, and other college expenses; to appoint instructors,
professors, and sucli other officers and agents, a.s may be
needed in managing the concerns of the institution; to de-
fine their powers, duties, and employments; to fix their com-
pensation; to displace and remove cither of the instructors,
officers, or agents, as Said trustees shall deem the interest
e( said college shall require: to fill all vacancies among
the instructors, professors, officers and agents; to erect ne-
cessary buildings; to purchase books, and chemical and '
philosophical apparatus, and other suitable means of instruc-
tion: to put into operation a system of manual labor, for
the purpose of lessening tho expense of education, and
promoting the health of the students: to make rules for
the general management of the aflairs of the college, and
for the regulation of the conduct of the students; and to
add, as the ability of the corporation shall increase, and
the interests of the community shall require, additional de-
partments, for the study of any or all of the liberal profes-
sions; Provided, howeve7' That nothing herein contained,
shall authorise the establishment of a theological depart-
jnent in said college.

Sec. 5, If any trustee shall be chosen president of said

i&2

Power to re- college, his former place as trustee shall be considered as
move from of- vacant, and his place filled by the remaining trustees. The
' ■ trustees, for the time being, shall have power to rentove any

ti'ustce from his office, as trustee, for any dishonorable or
criminal conduct; Provided, That no such removal shall
take place on account of religious opinions; nor without
giving to such trustee notice of the charges exhibited against
him, and an opportunity to defend himself before the boai'd;
nor unless that two-thirds of the whole number of trustees,
for the time being, shall concur in such removal. The trus-
tees, for the time being, in order to have perpetual succes-
sion, shall have power, as often as a trustee shall be remo-
ed from office, die, resign, or remove out of the state, to
appoint a resident of this state, to fill the vacancy in the
board. A majority of the board of trustees, for the time
being, shall be a quorum to do business.
Funds, how Sec. 6. The trustees shall faithfully apply all funds col-

applied, lected, or hereafter to be collected for said college, accord-

ing to their best judgment, in erecting suitable buildings;
in compensating the necessary instructors, professors, offi-
cers and agents; in procuring books, maps, charts, globes,
philosophical, chemical and other apparatus, necessary to
aid in the promotion of sound learning, in said institution:
Provided, That in case any donation, devise, or bequest,
shall be made for particular purposes, accordant with the
objects of the institution, and the trustees shalll accept the
same, every such donation, devise, or bequest, shall be ex-
pressly applied in conformity with the condition of the do-
nor, or devisor; Provided, also. That lands donated or devi-
sed, as aforesaid, shall be sold or disposed of, as required by

the section of this act.

Sec. 7. The treasurer of said college, always, and all
givrbomls other agents, when required by the trustees, before enter-
ing upon the duties of their respective offices, shall give
bonds for the security of the corporation, in such penal
sums, and with such sureties, as the board of trustees shall
approve. And all process against the corporation shall be
by summons, and the service shall be by leaving an attested
copy thereof with the treasurer, or at his office, or place of
abode, at least thirty days before the return day thereof.
Sec. 8. The said college, and the preparatory depart-
SfSomina-'' "lents thereof, shall be equally open to all denominations of
tions of Christ- Christians, and the profession of any particular religious
'*"*• faith, shall not be required of those who become students.

Any student, however, may be suspended, or expelled from
said institution, whose habits are idle or vicious, or whose
moral character is bad.

Sfx. 9. The lands, tenements, and hereditaments, to be

163

held in perpetuity, in virtue of this act, bj said corporation, J^^^^^^J'J^'^^i,^
shall not exceed six hundred and forty acres; Pfovided^'^^^'^^^J
however,, That if donations, grants, or devises in land, shall,
from time to time, be made to said college, over and above
said six hundred and forty acres, which may be held in per-
petuity, as aforesaid, the same may be received and held by
said trustees, for the period of three 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 six hundred and
forty acres, shall not have been sold by said college, then,
and in that case, the said lands so donated, granted, or devi-
sed, shall revert to the donor, grantor, or their heirs.

Approved, Jan. 10, 1836.

AjY act to incorporate the Burnt Prairie Manual Labor In force Jan.
o * _ 15« 1836.

beminary. '

Sec. L Be it enacted hy the people of the State of Illinois, Incorporation,
represented in the General Assembly, That George Borah,
Woods, M. Hamilton, James Miller, Morgan Wallace, Abi-
sha Goodrich, Joseph Campbell and Anthony L. Hamilton,
be, and they are hereby created a body politic, by the name
and style of the "Trustees of the Burnt Prairie Manual
Labor Seminary," and by that style and name to have per-
petual succession. The said seminary shall be located on Location,
the north half of the north-west quarter of section twenty-
four, and the south-east quarter of the south-west quarter of
section thirteen, town three south, range eight east, in the
district of lands offered for sale at Shawneetown.

»Se<j. 2. The corporate powers hereby bestowed, shall Their poueis.
be such as are usually conferred on similar bodies corporate,
to wit: to have perpetual succession, to make contracts, to
sue and be sued, plead and be impleaded, to grant and re-
ceive by its corporate name, and to do all other acts and
things as a natural person may; acquire, purchase, or sell
property, real or personal, and in all lawful ways, to use,
em.ploy, manage, and dispose of the same; to have a com-
mon seal, to alter and change the same; to make such bye-
laws for its regulations, as are not inconsistent with the con-
stitution and laws of the United States, or of this state.

Sec. 3. The trustees of said seminary shall have au- To prescribe
thority, from time to time, to prescribe the course of studies coui'^eot study
to be pursued in the said institution, the amount of labor labor "^""
to be required of the students thereof; to fix the rate of tu-

164

ition, and other academic expenses; to appoint instructors,
Appoint In- and such other officers and agents as may be necessary in
suiictors, &,c. managing the concerns of the said institution; to define
their duties, fix their compensation, and to displace or re-
move them.

Sfx. 4. The trustees, for the time being, in order to have
Fill vacancies, perpetual succcssion, shall have power to fill any vacancies
which may occur in their number, from death, removal out
of the counties of Wayne or White, resignation, or any
other cause. A majority of the trustees, for the time being,
Quoriun. shall be a quorum to do business, and they shall have pow^cr

to increase their number to any amount, not exceeding
twelve; Provided^ That two-thirds of the trustees, for the
'°"^°' time being, shall concur in the appointment of the trustees

to be added.
Appoint a Skc. 5. It shall be the duty of said trustees to appoint

tieasurer, who one of their number treasurer to the board, who shall be
shall give bond. j.gqyjj.g(j ^Q gjyQ bond, with Sufficient surety, conditioned
for the faithful performance of such duties as may be requi-
red of him, by the bye-laws.

Sec. 6. The said institution shall be open to all denom-
Open to all do- i^ations of Christians, and the profession of any particular
nominations. j.gjjg|Q^jg f^-^j^^ gi^^ll not be required of those who become

students. >

May hold lands Sec. 7. The iands and tenements to be held in perpetui-
ty, by virtue of this act, shall not exceed six hundred and

ProviBo forty acr3s; Provided^ however^ 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 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, or grant, or
devise, at the end of which time, if the said lands shall not
have been sold by the said corporation, then, and in that
case, the said lands so donated, granted, or devised, shall re-
vert to the donor, grantor, or the heirs of the said devisor.

Appkoved, Jan. 15, 1836.

In force, Jan, AM ACT to incorporate McDonough College.

12, 1836.

Sec. 1. Be it enacted by the people of the State of Illinois,

Company in. .g,,;^,^ ^•,, ^/^g General Assembly, That William M. Bai-

coipoiatect ^ r^^ Qharlcs Hayes,~Moses Ilinton, William Proctor, James

McCrosky, Joseph G. Walker, George Miller, John M.

165

Walker, Saunders W. Campbell and Alexander Campbell,
and their successors, be, and they are hereby created, a
body corporate and politic, by the name of the "Trustees
of McDonough College," and by that style and name, to
remain, and perpetual succession. The college shall be lo- Location,
cated at or near Macomb, in said county. The number of
trustees shall not exceed fifteen, exclusive of the president, Nmubci- ot"
principal, or presiding officer of the college, 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
discretion.

Sec. 2. The object of said incorporation, shall be the ^"^'^^^ "f '""
promotion of the general interests of education, and to* '''
qualify young men to engage in the several employments
and professions of society, and to discharge honorably and
usefully the various duties of life.

Sec. 3. The corporate powers hereby bestowed, shall poweis.
be such only as are essential or useful in the attainment of
said object, and such as are usually conferred on similar
bodies corporate, viz: to have perpetual succession, to
make contracts, to sue and be sued, to plead and be im-
pleaded, to grant and receive by its corporate name, and
to do all other acts as natural persons may: to accept and
acquire, purchase or sell property, real, personal, or mixed;
in all lawful ways to use, employ, manage, and dispose of
such property, and all money belonging to said corporation,
in such manner as shall seem to the trustees best adapted to
promote the objects aforesaid: to have a common seal, and
to alter or change the same: to make such bye-laws as are
not inconsistent with the constitution arid laws of the Uni-
ted States, and 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. 4. The trustees of said college, shall have author- r,. , .

• , r • II- •! 1 Irusteestopie-

ity, trom time to time, to prescribe and regulate the course scribe andreg-
of studies to be pursued in said college, and in the prepara- "i^*^" studies,
tory department attached thereto; to fix the rcite of tuition, "^*^'
room rent, and other college expenses; to appoint instruct-
ors, and such other officers and agents, as may be needed in
managing the concerns of the institution; to define their
powers, duties, and employments; to fix their compensa-
tion; to displace and remove either of the instructors, offi-
cers, and agents, or all of them, as said trustee; shall deem
the interest of said college requires; to fill all vacancies
among said instructors, oflicers, and agents; to erect neces-
sary buildings; to purchase books, and chemical and phil-
osophical apparatus, and other suitable means of instruc-

\ acaiic'ic?

166

tion; to put in operation a system of manual labor, for the
purpose of lessening the expense of education, and promo-
ting the heaitli of the students; to make rules for the gen-
eral management of the alfairs of the college, and for the
regulation of the conduct of the students; and to add, as the
ability of the said corporation shall increase, and the inter-
est of the community shall require, additional departments
for the study of any or all of the liberal professions; Provi-
ded, however, That nothing herein contained, shall authorise
the establishment of a theological department in said col-
lege.

Sec. 5. If any trustee shall be chosen president of the
college, his former place as trustee, shall be considered as
vacant, and his place filled by the remaining trustees. The

Removal. trustees, for the time being, shall have power to remove
any trustee from office, for any dishonorable or criminal

Proviso conduct; Provided, That no such removal shall take place

"without giving to such trustee notice of the charges exhibit-
ed against him, and an opportunity to defend himself before
the board; nor unless two-thirds of the whole number of
trustee-, for the time being, shall concur in such removal.

Fill vacancies. The trustees, for the time being, in order to have perpetual
succession, shall have power, as often as a trustee shall be
removed from office, die, resign, or remove out of the state,
to appoint a resident of this state, to fill the vacancy in the
board of trustees, occasioned by such removal from office,
death, resignation, or lemoval from the state. A majority

Quoium. of the trustees, for the time being, shall be a quorum to do

business.

p^u Sec. G. The trustees shall faithfully apply all funds by

them collected, according to their best judgment, in erecting
suitable buildings, in supporting the necessary instructors,
officers, and agents ; in procuring books, maps, charts, globes,
philosophical, chemical, and other apparatus, necessary to
aid in the promotion of sound learning in tKe institution;

Proviso. Provided, That in case any donation, devise, or bequest,

shall be made for particular purposes, accordant with the
objects of the institution, and the trustees shall accept the
same, every such donation, devise, or bequest, shall be ap-
plied in conformity with the express condition of the donor,

Proviso. or devisor; Provided, also. That lands donated, or devised,

as aforesaid, shall be sold, or disposed of, as required by the
last section of this act.

B;)iiis. Sec. 7. The treasurer of said college, always, and all

other agents, when required by the trustees, before entering
upon the duties of their appointments, shall give bonds, re-
spectively, for the security of the corporation, in such penal
sum, and with such securities as the board, of trustees shall

I6t

approve. And all process against said corporation, shall

be by summons, and the service of the same, shall be by Process.

leaving an attested copy with the treasurer of the college,

at least thirty days belorc the return clay thereof.

Sec. 8. The said college and its preparatory depart- ^"^'^se to be
mcnts, shall be open to all denominations of Christians; and °^^"^
the profession of any particular religious faith, shall not be
required of those who become students: all persons, hovir- j^^.p^ijgjgj^
ever, may be suspended or expelled from said institution,
whose habits are idle, or vicious, or whose moral character
is bad.

Sec 9. The lands, tenements, and hereditaments, to be Resuictioivr
held in perpetuity, in virtue of this act, by said institution,
shall not exceed six hundred and forty acres; Provided, Twriso.
however. That if donations, grants, or devises in land, shall,
from time to time, be made to said corporation, over and
above six hundred and forty acres, which may be held in
perpetuity, as aforesaid, the same may be received and held
by such corporation, for the period of three 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 six hun-
dred and forty acres, shall not have been sold, 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.

Approved, Jan. 12, 1836.

AN ACT to incorporate the Chatham Manual Labor School. ^9 ''133^6 '^'^""

Sec. 1. Be it enacted by the people of the State of Illinois, Tiusiees'mcav
represented in the General Assembly, That Dewey Whitney, P'^^'^^'^'^-
Luther N. Ransom, William Thornton, Job Fletcher, Esq.
Josiah Barrows, Cornelius Lyman, William Meeter, Esq.
John G. Bergen, James L. Lamb, John Todd, Thomas
Moffit, Esq. and Joseph Thayer, be, and hereby are cre-
ated a body corporate, to be styled the "Trustees of the
Chatham Manual Labor School, of Illinois,'' with full ^'^'■"■^ «''
power to acquire, hold and transfer property, real and per-
sonal, make contracts, sue and be sued, plead and be im-
pleaded, in their corporate capacity, to make, have and use
a common seal, arid the same to break, alter or destroy at
pleasure, and said trustees shall never exceed the number of
twelve. But is expressly declared, that the powers hereby
given shall not be used or construed, to extend to the con-

168

Location.

Power of the
Trustees.

Proviso

Laws of said
corporation.

iMajority to
ronsritiitc a
board.

tracting 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 an insti-
tution of learning; and the whole property and estate of
said corporation, shall be applied exclusively, and solely to
that purpose, and said corporation shall not deal in ex-
change, discount of notes, or in commercial business or pur-
suits.

Sec. 2. Be it further enacted, That the Chatham Manual
Labor School of Illinois, shall be located on Lick creek
prairie in Sangamon county, and within the bounds of town-
ship fourteen and range six west of the third principal
meridian; and all the m^oneys, funds, and estate hereby vest-
ed, in the trustees thereof, or which may be hereafter ac-
quired by them in their corporate capacity shall be held,
used and employed for corporate purposes only.

Sec. 3. Be it further enacted, that the before named trus-
tees, shall have power to fill all vacancies in their own body,
to appoint a chairman of their board, a president and pro-
fessors, and such other officers and servants under them, as
they deem necessary and proper, to hold these offices under
such rules and regulations, as the said trustees may pre-
scribe, and to make, allow and pay to the president, pro-
fessors, and other officers and servants, such reasonable com-
pensation for their services, as to the said trustees, may seem
right and proper, and the said trustees shall have full power,
and authority to make bye-laws, rules and regulations, for
ihe better government of said school as they may judge
expedient, and the same to annul, alter or amend at
pleasure; Provided, said bye-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, and consistent with the state of the funds thereof.
Sec. 4. Be it further enacted, that the following principles
and rules, be the fundamental laws of said corporation viz:
First. The said trustees and other officers before they
enter upon the duties of their offices; shall several!) take
the following oath or affirmation before some court of record
or justice of the peace to wit: I, A. B. do solemnly swear,
(or affirm) that 1 will to the best of my skill and judgment
discharge the duties of in the Chatham Manual

Labor School of Illinois, according to the provisions of their
charter.

Second. A majority of the trustees shall constitute a
board, competent to make pro tempore appointments, and

169

the transaction oi'^all business, except the pcnnanent appoint-
ment or removal of officers, in which case a concurrence of
two thirds of the whole board shall be necessary.

Third. The board of trustees shall have the entire con- Shailhave con-
trol, of the system of manual labor, and shall determine the ti°i °^ ^^e sys-
proportion of labour 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, for such labor, which shall be appropriated to
the discharge of his expenses in said school.

Fourth. No religious doctrine peculiar to anyone sect of No peculiar re-
christians, shall be inculcated by any professor in said school; ''s|o"s tioctrhie
but said institution shall at all times be conducted, upon
free, liberal and enlightened principles, and no student shall
be excluded, in consequence of his religious opinions, or those
of his parents, guardians, or relations.

Sec. 5. Be it further enacted^ that it shall and may be law- -"^Kv accept of
ful for the trustees of said school, to receive, acquire, hold ""^ '°"^'
and procure, from any individual, or society, religious or
otherwise, donations, gifts or bequeaths, of any sum or sums
of money, books, maps, charts, rJiilosophical apparatus, or
estate ot any kind, which shall be applied, wholly and ex-
clusively to the uses and purposes that now be specially de-
signated by the donors respectively, or to the establishment
and maintenance of one or more professorships of theolo-
gy, law or medicine, or other professorships, to be appointed
by the donors, to be separate and distinct from the internal
concerns of said school; Proviicd, that the fundamental law
of said school which forbids doctrines, peculiar to any one
sect of christians, to be taught by any professor in said
school, shall remain, unchanged and inviolate, except in the
theological department, of which he is professor, where
he or they hold any other professorships in said school;
each and every department of theology, law or medicine or
other professorships, that may be established, shall remain
as to the internal concerns separate and distinct from the
literary department, and shall at all times, regulate their
own affairs, without interfering with, or being interfered with
in any way, with the bye-laws or statutes of the school, orEachdenomin-
of any department thereof; and the privilege is hereby se-a.'io"o* chns-

J . ^ , , , . • r I ■ .• J tiansniayes-

cured to eacn and every denommation oi christians, to es- taWish theoio<r-
tablish a professorship of theology, in said school, theysev-icai depait-
erally furnishing the funds necessary for its support. ments.

Sec. 6. Be it further enacted^ that the first meeting of the Meeting of
trustees hereby appointed, shall be held at the dwelling ti"*'^es.
house of Dewey Whitney on the first Monday in April, or so
soon thereafter as may be convenient and the said trus-

Real estate.

170

tees shall have at least one stated meeting in every
year, and should any trustee hereby appointed, or here-
after to be chosen, refuse to serve or fail to be qual-
ified for the space of six months after notification of his ap-
pointment, or after qualification shall fail to attend the meet-
ing of the board for the term of one year, the seat of such
trustee or trustees shall be declared by the board to be va-
cant and they may proceed to fill the vacancy as heretofore
provided.

Sec. 7. The lands, tenements, hereditaments to be held
in perpetuity, in virtue of this act, by said corporation shall
not exceed one thousand acres; Provided^ however that if
donations, grants or devises in land, shall from time to time,
be made to said corporation, over and above said one thou-
sand acres, which may be held in perpetuity as aforesaid,
the same may be held and received by the said corporation
for the 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 one thousand acres, shall
not have been sold by said corporation, then and in that
case, the lands so donated, granted or devised, shall revert
to the donor, grantor, or the heirs of the devisor of the
same; Provided, that if at any time, said corporation shall
act contrary, to the provisions of this charter, or fail to
comply with the same, it shall be the duty of the circuit
attorney in and for the Sangamon circuit, to issue a scire
facias to repeal this charter.

Approved, Jan. 9, 1836.

In force Jan.
16, 1836.

AK ACT to incorporate the. President and Trustees of the
Mount Carmcl Academy.

Incorporation. gj;c. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Assembly, That the persons here-
inafter to be elected, pursuant to the provisions of this act,
and their successors, be, and they arc hereby created a body
politic and corporate, to be styled the "President and Trus-
tees of the Mount Carmcl Academy," and in that name to

Powers. 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 to use a common
seal, and the same to break, alter, and renew at pleasure;
to make and alter from time to time, such bye-laws as they
may deem necessary for the government and regulation of

171

the said institution, its officers, servants and property;
Provided, Such bye-laws be not inconsistent with the con-
stitution and laws of this state, or of the United States.

Sec. 2. The president and trustees of the said institution, Piesident and
shall be citizens of this state, and stockholders in the said Ti"»'ee8.
corporation; and the trustees shall consist of six persons,
who, together with the President, shall be elected by the
stockholders, annually, on the first Monday of January
in each and every year, and shall hold their offices until
their successors are duly elected and qualified. The elec- Elections,
tions shall be held at the court house in Mount Carmel,
until the academy shall be fitted for holding the elections
therein; after which, all elections shall be held at the said
academy. All elections for officers shall be by ballot, and ^^ ballot.
may be made personally or by proxy, and conducted in
such manner as shall be directed by the bye-laws.

Sec. 3. The stockholders shall have power at special Powere.
elections, to be called by the president and trustees, or a
majority of them, for that purpose, to fill all vacancies that
may happen in the said board of president and trustees,
by occasion of death, removal, resignation or otherwise.

Sec 4. The president and trustees, before entering upon Take oath,
the discharge of their duties, shall severally cake and sub-
scribe an oath or affirmation, before some competent offi-
cer, to support the constitution of this state, and of the
United States, and well and faithfully to perform the duties
of their respective offices, to the best of their skill and
ability.

Sec. 5. The said president and trustees, shall hold the Powers,
property of the said institution, solely for the purposes and
advantages of education, and the promotion of literature
and science in the said academy; and not as a stock for
the individual profit and benefit of themselves, or of any con-
tributor to the endowment of the same; and no particular
religious faith shall ever be required of those who become
president and trustees, students, pupils, teachers, officers, or
servants o^ the said institution.

Sec. 6. Said institution shall be permanently located in,
or within one quarter of a mile of the corporate bounds of
the borough of Mount Carmel, in Wabash county in this
state; and the said president and trustees, shall be compe-
tent in law and in equity, to take to themselves and their
successors in office, in their said corporate name and capa-
city, any estate, real, personal and mixed, by the gift. Hold estate,
grant, bargain and sale, conveyance, will, devise or bequest,
of person or persons, or body corporate and politic what-
soever; and the same estate, whether real or personal, to
grant, bagain and sell, convey, demise, let, place out on

IT2

interest, or otherwise dispose of, for the sole and separate
use and benefit of the said institution, in such manner as
shall seem to them most beneficial to the interests of said
institution. The said president and trustees, shall faithfully
Funds applied. ^PP^J ^'^ funds by them collected and received, accor-
ding to the best of their judgment, in erecting and comple-
ting a suitable building or buildings, supporting the necessary
officers, instructors and servants, and in procuring books,
maps, charts, globes, philosophical and other apparatus,
Proviso necessary to the success of said academy; Provided, never-

theless, That in case any donation, devise or bequest, shall
be made to the said corporation, for a particular and spe-
cific purpose or purposes, not incompatible with the designs
of this institution, and the corporation shall accept the
same, every such donation, devise or bequest, shall be appli-
ed in conformity with the express conditions prescribed by
the donor or devisor.

Sec. 7. The president and trustees, shall annually, and

as soon as convenient after their ov^ai election and qualifi-

SecretaiT. ^^ cation into office, elect a treasurer and secretary, of the

board of president and trustees of the said corporation,

who shall each be stockholders therein; and who, when

elected and qualified, shall continue in office until their

successors are elected and qualified. The treasurer, before

Treasurer give ^^ enters on the duties of his office, shall execute a bond

bond. with approved security, to the president and trustees of the

Mount Carmel Academy, in such penal sum as they may

require, conditioned for the due and faithful performance

of his duty as treasurer; and in case of the death, removal,

or refusal, or neglect to act of the treasurer for the time

bv-.ing, it shall be lawful for the president and trustees, at

any of their meetings, to appoint another treasurer, instead

v,rnv,rip, of the one dying, removing, refusinii', or neLdectin"; to act

vacancies. . . " ^ . . '-^, j-ii ji . • . ■

as aloresaid, to remain m oliicc tih tiic expiration oi the time
during which his predecessor was entitled to serve; and all
processes against the said corporation, shall be by summons,
and the service of the same shall be by leaving an attested
copy thereof with the treasurer, or at his usual place of
abode, at least twenty days before the return thereof.
Both the treasurer and secretary, shall, before entering
upon the duties of their offices, take an oath or
affirmation, faithfully to fulfil the duties thereof respec-
tively.
Po wees of pre s- Sec. 8. The president and trustees, shall ha,ve power to
^®"''^''"*'®®^ employ and appoint a ])rincipal for said institution; and
all such instructors and instructresses, and also such ser-
vants as may be necessary; and shall have power to dis-
place any or cither of them, as they may deem the interest

173

of the institution, and the cause of education therein to
require; and to till vacancies that may happen by death,
resignation, or otherwise, among said officers and servants.
Sec. 9. The lands within the jurisdiction of this state,
held in perpetuity by the said institution, shall not exceed Lands held,
eighty acres, at any one time; and if donations in lands
shall be made at any time to said corporation, the same may
be received and held in trust, by the siiid 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 whereof, the lands so given, shall revert to the
donor or grantor of the same, or to their heirs; and the
said president and trustees, shall in no case lease or rent
out any land so held in trust, for a longer time than four
years from the time of such donation or grant.

Sec. 10, The president and trustees shall meet semi- ^^'eet scmi-aii^
annually, or oftencr, if they shall deem proper, at the ""* ^''
academy, after the same shall be erected; and it shall be
the duty of the secretary, to attend all the meetings of the
board, and keep and preserve a fair and correct record of
their proceedings. A majority of the board shall consti-
tute a quorum for the transaction of the business appertain- Quoi''""-
ing to the institution; Provided, That the votes of a majority
of the whole board, shall be necessary to elect any officer,
instructor, or servant thereof.

Sec. 11, That on the payment of ten dollars to the Stockholder*,
treasurer of the said institution, every free white person
residing within the state, shall be considered a stockholder,
and shall be entitled to one vote; and it shall be lawful for
each and every stockholder for the time being of the said
institution, his or her executors, administrators, or assigns^
to give, sell, devise, and dispose of their respective rights
or shares in the said academy, and that their respective
assignees shall be stockholders of said institution, and shall
be entitled to all the rights and privileges in said institution,
as the original stockholders are entitled to by this act;
Provided, That a pai t of a right or share, shall not entitle Proviso.
the proprietor or owner thereof, to any privilege whatsoev-
er in said institution.

Sec. 12. That Stephen Bliss, Thomas S. Ilinde, Moses Commjssioneis
Beddle, Seth Guard, Joshua Bealj, Cyrus Danforth,
Ephraim Pharr, Hiram Bell, Scoby Stewart, Doct. Jacob
Lesher, John Tilton, Abner Armstrong, James II. Beall,
Doct. Ezra Baker, and William Eldridge of the county of
Wabash, be, and they are hereby appointed commissioners,
to solicit and receive subscriptions of stock to said institu-
tion, and give receipts for the first instalment, to be paid on
subscription; and when the sum of one thousand dollars.

174

shall be subscribed for, the said commisssoners, or any three
Elections. of them, are hereby authorized to give public notice, by
posting up advertisements at six of the most public places
in the said county, of the time and place of holding an
election for president and trustees of said institution; which
said election, shall be held at the court house in Mount
Carmel, between the hours of 12 o'clock M., and 6 o'clock
P. M. on said day; and that the said commissioners, or any
three of them, are hereby appointed judges of said election,
and authorized and empowered to hold the same. The
second election, and every subsequent one, shall be held
on the first Monday in January, annually, at the academy^
when erected, between the hours of 12 o'clock M., and
6 o'clock P. M. of sai i day. That each stockholder -shall
be required at the time of subscribing, or at, or before the
first election for president and trustees, to pay to the com-
missioners, the sum of two dollars on each share by him or
her subscribed, and the residue at such time or times as the
Pvoviso president and trustees shall direct and require; Provided,

That any stockholders neglecting or refusing to pay the
balance due on any share or shares, shall forfeit to said in-
stitution, the money previously paid on such share or shares
so neglected.
Elections. Sec. 13. All elections for president and trustees, shall

be by ballot, with the name of the voter or stockholder,
written or printed on the ballot, and the number of the
shares of stock he or she may hold in said institution, and
shall be given to the treasurer or secretary of the board, or
to the president and trustees; any three of whom shall, and
may act as the board of election.

. , Sec. 14. The said academy, when erected and in opera-

Academy open . 1,1 11- 1 '^ r 1 J ••! C

to free white ration, shall at all times be open tor the use and privilege ot
persons. cvcry free white person, within the United States, who may

wish to be instructed by the instructors and instructresses,
employed by the president and trustees thereof; Provided,
Said free v/hite person will comply with the laws and bye-
laws of the said institution, and pay the sums fixed by the
president and trustees, for the instruction of the students
. or pupils attending at the same; Prcvidcd nevertheless, That
'""each and every stockholder in said institution, shall be en-
titled to the admisssion of one pupil or student in the same,
for each and every share he or she may legally hold there-
in.

Sec. 15. That in case it should so happen that an elec-
tion for president and trustees, should not take place on
any day, when, pursuant to this act the same should be held,
the said corporation shall not for that cause be deemed to
be dissolved, but that it shall be lawful on any other day

Proviso.

Further proviso

Election.

lo hold an election, in the place of the one omitted to be
held, in such manner as shall be prescribed by the bye-laws
and ordinances of said corporation.

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

Approved, Jan. 16, 1836.

AjY act to incorporate the Trustees of the Bloomington Female In force jan.
Seminary of Learning. '

Sec. 1. Be it enacted by the people of the State of Illinois, ^^^y. ;„(;orpo-
rcpresented inthe General Assembly, That William T. Major, rated.
John F. Henry, James Allen, James Miller, John W. S.
Moore, Jesse W. Fell, and Benjamin Depew, and their
successors be and they are hereby created a body poilitic
and corporate to be styled and known by the name of "The Name.
Trustees of the Bloomington Female Seminary of Learn-
ing," and by theit name to remain and have perpetual suc-
cession. The said seminary of learning shall remain loca- Where to be
ted at or near the town of Bloomington, McLean county
Illinois; the number of trustees shall not exceed fifteen for j^fuj^ber of
the present, the above named individuals, shall constitute trustees.
the board of trustees who shall fill the remaining vacancies Trustees.
at their discretion.

Sec. 2. The object of said corporation shall be the pro- P^ject of the
motion of the general interests of education, and to qualify '"'^o'^^poi'^t^*'"-
young females for the honorable and useful discharge of the
various duties of life.

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 '^" ^^^^ P^"""
politic, viz: to have perpetual succession, to make contracts, ^q^.^
to sue and to be sued, plead and be impleaded, to grant and Power,
receive by its corporate name, and do all other acts that
natural persons may, to accept, acquire, purchase, or sell
property, real or 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 the promotion of
the aforesaid object; to have a common seal, and to alter
and change the same, to make such bye-laws for its regula-
tions as are not inconsistent with the constitution and laws
of the United States or of this state.

Sec. 4. The trustees of said corporation shall have au-

116

Powers.

To purchase
books and
make rules.

Trustees may
remove a trus-
tee.
Proviso

Powers granted

Proviso.

Powers to hold
lands.

Proviso

thority from time to time, to prescribe and regulate the
course of studies to be pursued in said institution, and in
the preparatory departments attached thereto; to fix the
rate of tuitions, room rent, and other expenses of the insti-
tution, to appoint instructors, and such other officers, and
agents, as may be needed in managing the concerns of said
institution, to define their powers, duties and employments,
to fix their compensation, to displace, and remove either of
the instructors, agents, and officers as said trustees shall
deem, the interest of said institution may require, to fill all
vacancies among said instructors, officers or agents; to erect
necessary buildings, to purchase necessary books, chemical
and philosophical apparatus, and other suitable means of
instruction, to make rules ior 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 shall have powder
to remove any trustee from his office as such, for any dis-
honorable, or criminal conduct; Provided, that no such re-
moval shall take place without giving to such trustee notice
of the charge or 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 con-
cur in such removal. The trustees for the time being in order
to have perpetual succession, shall have power as often as
a trustee or trustees shall be removed fi*om office, die, resign
or remove out of the state, to appoint a resident of this state,
to fill the vacancy occasioned as aforesaid. A majority of the
trustees, for the time being shall be a quorum to do business.

Sec. 6. The trustees shall faithfully apply all funds by
them collected, or hereafter collected according to their best
judgment in erecting suitable buildings, in supporting the
necessary instructors,officers, and agents,in procuring books,
maps, charts, globes, philosophical, chemical and other ap-
paratus necessary to aid in the promotion of sound learning
in said institution; Provided, that in case any donation, de-
vise or bequest shall be made for particular purposes, ac-
cordant, with the objects of said institution, and the trus-
tees shall accept the same, every such donation, devise or
bequest shall be applied in conformity with the express
conditions of said donor, or devisor.

Sec. 7. The said corporation shall have power in their
corporate character, as trustees aforesaid and for the exclu-
sive use and benefit of said institution, to hold in perpetuity,
to them and their successors forever, any lands, tenements and
hereditiments not exceeding forty acres, which may be vested
in them by gift, grant, donation or devise; Provided, that if
donations, grants, or devises in land shall from time to time

be made to said corporation of more than said forty acres of
land to be held in perpetuity^ the same may be received and
held by said corporation for the period of three years from
and after the date of said donation, grant, or devise, at the
end of which time if the said land over and above said
said forty acres shall not have been sold by said corporation,
then and in that case said land so donated, granted or de-
vised as aforesaid, shall revert to the donor, grantor or the
heirs of the devisor of the same; Provided, that said corpo- Proviso,
ration shall have the right within the period of said three
years, to sell and dispose of, for the use and benefit of said
institution the aforesaid land, over and above said forty acres
so given, granted or devised as aforesaid.

Sec. 8. The treasurer of said institution always and oth- Tioasureir to
er agents when required by said trustees, before entering fg^y^;"" '^ *"
upon the duties of their appointments, shall give bonds for
the security of the corporation in such penal sums with
such securities as the board of trustees shall approve; and
all process against said corporation shall be by summons, and Process,
service of the same shall be by leaving an attested copy
with the treasurer of said institution at least thirty days be-
fore the return day thereof.

Sec. 9. The said insttitution and its preparatory depart- Institution to
ment, shall be open to all denominations of christians, and*^*"- °P^|;»*''.*^
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 whose
habits are idle or vicious, or whose moral character is bad.

Approved, Jan. 9, 1836.

denomiDations.

AM ACT to locale a State Road from Rushville in Schuyler coun- in fores, Jan.
/?/, to Commerce in Hancock county. ^^i 1^^^-

Sec. 1. Be it enacted by the people of the State if Illinois, Commissioner
represented in the General Assembly, That John Green and John appoimed.
Ritchey of Schuyler county, and Isaac Briggs of Hancock
county, be, and they are hereby appointed commissioners,
to view, mark, and locate, a road from Rushville in Schuyler
county, the nearest and best route, running into Hancock
county, at or near the south east corner of township four
north, live west; thence to Carthage, the seat of justice of
Hancock county; thence to the town of Commerce on the
Mississippi river, having in view its permanency, and a due
regard to the public convenience, doing as little private
injury as possible. 23

178

When and Sec. 2. The Said commissioners shall meet on the firat

where to meet. J^Iondaj in March next, or as soon thereafter as practicable,
To be sworn. ^^ Rushvillc in Schujler county; and after being duly sworn,
before some justice of the peace, faithfully to discharge the
duties required of them by this act, shall proceed to view,
mark, and locate said road; and as soon as practicable
To report. thereafter, cause to be made out a report, of the location
of said road, designating the most noted points thereon, and
return a copy of the same, to the clerk of the county com-
missioners' court of each of said counties, which, shall be by
him filed in his office, and said road thus laid out, shall be,
and is hereby declared a public state road; and shall be
opened, and kept in repeiir, in the same manner, as other
public roads are.
Commissioners ^Ec. 3. The Said commissioners or a majority of them
entitled to as- shall be authorised to proceed and lay out said road as re-
sistance, quired by this act, and call to their assistance such other
help as may be necessary for the location of the same;
and the county commissioners of said counties shall allow
said commissioners, and such other hands as they may ne-
Coiupensation. nessarily employ to assist them; a sum not exceeding one
dollar and fifty cents each, for every day necessarily emploj'-
ed in locating said road; to be paid equally, out of the
county treasury of each of said counties, where the said
commissioners shall have filed a copy of the report, as re-
cited in this act, duly certified and attested by them.

Api'roved, Jan. 15, 1836.

In force Jan. AN ACT Lo incorporate the Alton Fejimle Institute.

[), 1835.

f^xc. 1. Be it enacted by the people of the State of Illinois^

Company in- reprcsmtcd in the Gencrtd Assembly, That Hubbel Loomis^

corporated. BenjanRn F. Edwards, George Haskell, John M. Peck,
George .S^nith, Cyrus Edwards, John Bostwick, and Albert
G. Sloo, a^4J their successors, be, and they are hereby cre-
ated a body jsolitic and corporate, to be styled the "Trustees

Name & style, of thc Alton Female Institute," and in that name to remain
in perpetual succession, with power to sue and be sued,

Powers of cor- t^\^^^ ^ud be impleaded; to acquire, hold and convey prop-

P°'^'°" erty, real and personal; to have and use a common seal; to

alter the same at pleasure; to make and alter from time to
time, such bye-laM^s as they may deem necessary for tie
government of said institution, its officers and servants:

Ttouso. Provided, Such bye-laws arc not inconsistent with the con-

179

stitution and laws of this state, or of the United States.

Sec. 2. For the managing of the affairs of the said in-
stitution, there shall be chosen from among the subscribers
thereto, a number of trustees not exceeding fifteen; and
the trustees so chosen, shall have power to fill such vacan- Po^veis of
cies in their own body, as may happen by death, resignation, Trustees.
or otherwise ; and shall hold the property of said institution
solely for the purposes of female education, and not as a
stock for the individual benefit of themselves, or of any
contributor to the endowment of the same; and no particu-
lar religious faith shall be required of those who become
trustees or students of the institution.

Sec. 3. Said institution shall remain located in or near Location and
Upper Alton, in the county of Madison; and the trustees powers,
shall be competent in law and equity, to take to themselves
and their successors in oftice, 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 and con-
vey, demise, let, place out at interest, or otherwise dispose
of the same for the use of said institution, in such manner
as to them may seem most beneficial to said institution; said
trustees shall faithfully apply all funds collected, or the
proceeds of the property belonging to said institution, ac-
cording to their best judgment, in erecting and completing
suitable buildings, supporting the necessary officers, instruc-
tors and servants, and procuring books, maps, charts,
globes, philosophical and other apparatus, necessaiy to the
success of said institution: Provided nevertheless^ That in Pr^vi-.o.
case any donation, devise or bequest, shall be made for par-
ticular purposes, accordant with the design of this institu-
tion, and the corporation shall accept the same; every such
donation, devise or bequest, shall be applied in conformity
with the express conditions of the donor or devisor: ^/u/ Further provi
provided further^ That said corporation shall not be allowed ^°'
to hold more than six hundred and forty acres of land at
one time, unless the said corporation shall have received
the same by gift, grant, or devise ; and in such case, they
shall be required to sell or dispose of the same within three
years from the time they shall acquire such title, and on
failure to do so, said land shall revert to the original donor,
grantor, devisor, or their heirs.

Sec. 4. The treasurer of the institution always, and all Treasurer give
other agents, when required, before entering on the duties ^°"''"
of their appointment, shall give bonds for the security of
the corporation, in such penal sum, and with such securities
as the board of trustees shall approve ;& all processes against

180

the corporation shall be by summons, and service of the
same shall be by leaving an attested copy thereof with the
treasurer, at least thirty days before the return there-
of.

Trustees power ^^^' ^' The trustees shall have power to employ and
appoint a principal for said institution, and all such instruc-
tors and instructresses, and also such servants as may be
necessary; and shall have powder to displace any or either
of them, as they may deem the interest of the institution
requires, to fill vacancies which may happen by death, resig-
nation, or otherv\^isc, among said officers and servants; and
to prescribe and direct the course of study to be pursued in
said institution.

COTporation. 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-
ney general to file an information in the nature of a quo
7varranto, for the purpose of vacating and annulling this act
and the powers herein granted.

Approved, Jan. 9, 1S36.

, „ T 'AJ^ ACr to amend an act entitled '•'•an act to change the
In force, Jan. r ,i . r r>i ■ ii

15^ 1836. corporate powers oj the tou-n oj L/ncago.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That so much of the
Powers to lease sixth section of the act, to which this is an amendment,
limited to five relating to the power of the trustees of said town, to lease
years. ^j^^ wharfing privileges, shall not be so construed as to

empower said trustees to create, or make any lease of said
privileges, for any one term longer than five years; nor
shall any lease as aforesaid, be so construed as to give any
lessee power to erect any dwelling, store house or other
building, than a wharf, for loading or unloading goods,
wares, merchandise, or other articles, on said wharfing
privilege; and all houses, buildings, stores, and outhouses,
hereafter erected upon any ground, or land, situate, lying
and being between the south line of south water street, and
the north line of north water street in said town, as laid out
• by the commissioners of the Illinois and Michigan canal,

shall be deemed nuisances, and may and shall be abated:
PrBviso. Provided, In no case shall said trustees have, use or exercise

the right of leasing or disposing of any wharfing privilege,
which may be in front of any lot or lots owned by any

i8l

mdividualor individuals; or in front o( any lot or lots, bc-
loHging to the state, or to the canal.

Sec. 2. That so much of the sixth section of the act to* A^t repe^Aetf.
which this is an amendment, as empowers the trustees to
levy and collect taxes upon all real estate within the town,
not exceeding the one half of one per centum upon the
assessed value thereof, be, and the same is hereby repealed;
and the said trustees shall have povv^er to levy and collect Powers,
taxes upon all real estate within the town, not exceeding the
one fourth of one per centum upon the assessed value
thereof.

Approver, Jan. 15, 1836.

j^.,Y ACT io amend an act entitled ^'an act la incorporate the ^ . ,„ ,

^ ,, ,j . , ., ^ In force I2th

iyollcges tliercin named. jan. igsc.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That so much of the
"act to incorporate the Colleges therein named," approved ^,jq^ College
February 9th, 1835, to which this is an amendment, as changed to
designates the college at Alton, by the name of "The trus- Shunieff Col-
tees of the Alton College of Illinois," be, and the same is here- ^ "
by repealed; and that hereafter, the said institution shall be
styled and known by the name of "The Trustees of Shurt-
leff College of Alton, Illinois."

Approved, Jan. 12, 1836.

AN ACT supplementary to ''an act to incorporate the Spi'ing- in hice Dec.
field and Jllton Turnpike Road Company.'''' ^8» 1^35.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Thomas G. Haw- Additioiial
ley, Joseph Burrough and Ninian W. Edwards, are hereby appoTmed.'"*
appointed commissioners, to act with those heretofore
named in said incorporation, for the purpose of opening
books for subscription to the capital stock of said compa- t

ny.

Approved. Dec. 28, 1835.

18-i

In force Dec ^J\' JiCT to amend an act entitled ^^an ad to incorporate the
♦ Sprinsfwld and Alton Turnpike Road Company^'' approved

March 1, 1833.

Sec. 1. Be it enacted hy the people of the State of Illinois,

represented in the General Assembly^ That so much oi' the

"act to incorporate the Springfield and Alton Turnpike

Road Company," approved March 1st 1833," to which this

Part of said act is an amendment, as provides for the extension of said road

lepeaied. j',.om Alton to a point on the Mississippi river, opposite to

St. Louis, be, and the same is hereby repealed; and that

„ . ^ hereafter the point of termination of said road, shall be at

roint of ter- . i. ,, \n;

ininatiou chan- Alton, on the Mississippi river.

ged. Approved, Dec. 19, 1835.

In force, Jan. AK ACT to incorporate the Franklin Institute,

'18, 1836.

Sec. 1. Be it enacted by the People of the State of Illinois,
Trustees incor- represented in the General Assembly. That Solomon Clark,
Lewis Y. Cully, William A. Roberts, A. D. Dobbins,
Henry Yost, Alexander McCreary, Warrenton K. Spiller,
Lemuel R. Harrison, William T. Wryburn, Meshack Mor-
ris, and their successors, be, and they are hereby, constitu-
ted a body politic and corporate, to be known by the name
of the "Trustees of the Fianklin Institute," and by that
name shall have perpetual suceession, and have a common
seal, with power to change the same at pleasure; and as
such, shall be authorised to exercise all powers and privile-
ges that are enjo^xd by the trustees of any seminary, col-
lege, or university in this state, not herein limited, or other-
wise directed.
First mcetine;. ^^c. 2. That the said trustees shall hold their first stated
where and ' meeting at the town of Frankfort, in the county of Frank-
whenheid. \\j^^ qji ^he 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 for a
permanent seat for said institute, and proceed to erect
buildings thereon, as soon as convenient, and the interests of
the said institution may require.

Sec. 3. The said trustees, or their successors, by the

Nature of. name aforesaid, shall be capable in law to purchase, receive,

€erporaiioH, and hold, to themselves and their successors, for the use and

benefit of said institution, any lands, tenements, or rents,

goods and chatties, of what kind soever, whicli shall be

183

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
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 A moiety ma.
attend to constitute a board, at any meeting, those who do adjoum.
attend, 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 Quomm.
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 whole num- "^ "^^J°f ^ "^:

1 n 1 1111 J r iri cessai-'- lor tne^

ber 01 tae trustees, shall be necessary to perlorm the lol- tiaiuactio.i of
lowing business: to elect, and fix the salary of the president; business.
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 Powers of the
time, to establish such bye-laws, rules, and ordinances, not ^'^^"°'^^^*
contrary to the constitution and lav/s of this state, as they
shall deem necessary for the said institute.

Sec 9. The trustees shall elect a president, treasurer? Elect a presi-
and clerk, to their own body, and so many professors, tutors, fieut, &c.
or masters, as may be necessary; and upon the death, resig-
nation, 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 10. The treasurer of said institution, aKvays, and Treasurer shall
all other agents, when required by the trustees, before en-^'^'^ '^°'"'"
tering upon the duties of their appointments, shall give bond
for the security of the corporation, in such penal sum, and
with such security, as the board of trustees shall approve.
And all processes against the said corporation shall be by
summons, and 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 de- Institute open
partment, shall be open to all denominations of Christians, ^°.^'^ cieuomin-
and the profession of any religious faith, shall not be requi-^^^"^"
red of those who become students: all persons, however,
may be suspended, or expelled from said institution, whose
habits are idle, or vicious, or whose moral character is bad.

Sec. 12. The president, and other officers of the said rp
institute, shall be subject to the direction of the board of ^«™°f«®*=«
trustees, and continue in office during good behavior.

Sec. 13. The president of the board of trustees, shall

184

Pew>ers of the havc fuU powcT to 'Call Special meetings of the said tru:?^

ipresicieiit, tees, and it shall be his duty, upon the request of three of

them, to do the same; but upon any called meeting, ten days

general notice shald be given by the president previous to the

meeting.

Sec. 14. The trustees of the corporation, shall have
Trusteesto leg- authority, from time to time, to prescribe and regulate the
«'tudLr&c^ ° course of studies to be pursued in said institute, and in the
preparatory department attached thereto; to fix the rate 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 renx)ve either of the in-
structors, officers and agents; to erect necessary buildings;
to purchase books, and chemical and philosophical appara-
tus, and other suitable means of instruction; to put in oper-
ation a system of manual labor, for the purpose of lessen-
ing the expense of education, and promoting the health of
the students; to make rules for the general management of
the officers 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 com-
munity shall require, additional departments for the study
of any or all the liberal professions; Provided^ however, That
nothing herein contained shall authorise the establishment
of a theological department, m said mstitution.

Sec. 15. If at any time a member of the board of trus-
Trusteemay ^ggg ^]^^\\ absent himself for three stated meetings, success-
sinissec . jyg|^.^ ^^ f^^ 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 pro-
ceed 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 afore-
said, in such manner, as the legislature shall, by law, direct.

Approved, Jan. 16. 1836.

I f T Jan '^•^'' ACT to lay Old certain State Roads in Morgan

18, 1836. " County,

Commissioners Sec. 1. Be it enacted by the people of the State of Illinois,
appointed to lo- ,,gj,^gj^„^gc; f^^ ifi^ General Assembly, That Robert H. Mc-
catcroad. D^^, William King and Fielding Grimsley, of Morgan

18S

county, be, and they are hereby appointed commissionei-s,
to review, mark, and locate, a state road from the Illinois
river, at or near where the line between townships fourteen
and fifteen strike the same, to a point at or near where the
said line would intersect the state road leading from Jack-
sonville, in said county, to Vandalia.

Sec. 2. The said commissioners, or any two of them, Wiiere and
shall meet in the town of Jacksonville, on the first Monday ^^^«" '° "'^^'•
in March next, or within sixty days thereafter, and after ^^ „^

, . , , , 1 /- • j_- r J.I. bhall be sworn.

havmg been duly sworn before some justice oi the peace,
faithfully to perform the duties required of them by this act,
shall proceed to view, mark, and locate said road, from point
to point, varying from said lines, whenever they may deem
it expedient so to do; and they shall make a report in wri- ,,

J.- i ^1 ^ J. • • 1 i 4.U Ci- Make report.

tmg to the next county commissioners' court, thereaiter, '

which said report shall form a part of the records of said
court: and the said road, so laid out, shall be deemed a
state road, and shall be opened not less than sixty feet wide,
and kept in repair as other state roads arc.

Sec. 3. The county commissioners' court of Morgan Compensation.
county, shall pay to said commissioners, out of the county
treasury, a reasonable compensation for their services, not
exceeding one dollar and fifty cents per day.

Seo. 4. That James Ethel, John Christman and Temple commissioners
Windlc, of said county, are, in like manner, hereby ap- appointed to
pointed commissioners, to view, mark, and locate a state locate, &c.
road from Bethel, via Lynnville, to Manchester, in said
county. They shall meet in the town of Bethel, on the
second Monday in March next, or within sixty days there-
after, and after being duly sworn by some justice of the
peace, faithfully to perform the duties imposed upon them
by this act, shall proceed to view, mark, and locate said
road, from point to point, on the nearest and best route, do-
ing as little injury to private property as practicable, and in
all other respects be governed by the preceding sections of
this act: and they shall receive the same compensation as ^

x-u r 4. I • • 1 11 1 A 1 . , (-ompensatjon,

the first named commissioners may be allowed. And said
road, when so laid out, and a report thereof in writing, filed
in said court, shall be deemed, in like manner, to be a pub-
lic road, and shall be opened and kept in repair as other
state roads arc. '

Approved, Jan. 18, 1836.

186

13 '^1836.*'''"' -4.¥^Cr to establish a State road from Equality to
' ' McLeansboro\ and for other purposes.

Commissioners ^^^' ^' ^^ ^'^ oiactcd hy the people of the State oj Illinois,
appointed. represented in the General Assembly, That James Hall and
Reuben Oglcsby, of Hamilton county, and Willis Har-
grave, of Gallatin county, be, and they are hereby ap-
pointed commissioners, to view, lay out, and mark a road
from xMcLeansboro', in Hamilton county, to Equality, in
Gallatin county, by the nearest and most eligible route for
the same, having in vievv^ the highest and most suitable
To lepoit. ground for the location thereof, and report the same, togeth-
er with a description thereof, under their hands, to the
county commissioners' courts of the said counties of Hamil-
ton and Gallatin, on or before the first term after the said
view, and the number of days employed by them, respect-
ive, in each county, in the said work; and the said road,
when so viewed, marked, and reported, shall be deemed a
state road, and kept in repair as other state roads arc.
Wiieii and ^^'^'' ''^' '^^^^ ^^^^ Commissioners, or a majority of them,

where to meet, shall, on or befoi'e the first day of June next, or within three
months therefter, meet at the town of McLeansboro', and,

Commiss;oaers after bcinir dulv swom before some iustice of the peace,
to be sworn. i^i j. -j i -i-ii-ji i-

proceed to lay out said road, as is dn-ected m the prccedmg

section: and the county court of Gallatin shall allow the
Compensation, commissioners a sum equal to two dollars per day, for every
day they shall be engaged in viewing and marking said road,
so far as the same may be in Gallatin county: and tlie coun-
ty court of Hamilton county, shall make said commission-
ers the same allowance, for such time as they shall be enga-
ged in viewing and marking said road, so far as the same
shall be in Hamilton county.
Appropriation ^^^' ^' "^^^ ^""^ ^^ ^-^'^ hundred dollars, heretofore ap-
to llaiuiJton. propriated on the state road leading from McLeansboro' to
Shawneetown, to be expended in Hamilton county; also
the sum of one hundred and fifty dollars, heretofore appro-
priated on the road from McLeansboro' to Equality, by
Blake's bridge, to be also expended in Hamilton county, are
hereby appropriated to be expended under the direction of
the county commissioners' court of Hamilton county, on so
much of the road herein directed to be made, as may be in
said county of Hamilton.
Acts repealed. Sec. 4. All acts and parts of acts, coming within the
purview of this act, are hereby repealed.

Approved, Jan. 13, 1836.

i8t

AjV act to locals a Stale Road from Frankfort, via r/en?ia, In force,^ Jan.
to Wilcox's Ferry, in Johnson County, '*'

Sec. 1. Be it enacted by the people of the State of Illinois, ^:^.._,.^,-.^^i^,,^,,s
represented in the General Assembly, That Ira Reynolds apiiohued to
and Frederick Graves, of Johnson county, and Ragsdale locate said load
Rowlen, of Franklin county, be, and they arc hereby ap-
pointed commissioners, to vie\v, locate, and mark out a*
state road, from Frankfort, in Franklin county, the nearest
and best practicable route, to Vienna, in Johnson county;
and from Vienna, the nearest and most practicable route to
Wilcox's ferry, on the Ohio river, in said county.

Sec. 2. The said commissioners, or a majority of them, \yhea and
shall meet at Frankfort, on the first day of JSlay, or within whereto meet.
six months thereafter, and after being duly sworn by some
justice of the peace, faithfully to observe the provisions of
this act, shall proceed to view, and locate said road, taking
into consideration the local situation of the country, and the
public convenience, and shall fix said road on the most ad-
vantageous ground, for a permanent road. And the said
commissioners shall, on or before the first Monday in De- r-.an ..epm-t.
camber next, make a return of their proceedings on said
road, which being signed by them, or a majority of them,
a duplicate of which shall be delivered, one to the county
commissioners' court of Johnson county, and the other to
the county commissioners' court of Franklin county.

Sec. 3. The said road, when laid out as aforesaid, shall De.-ip.red a
be deemed and considered q state road, and shall be opened, -'•''^'^-''°^^^-
marked, and kept in repair, as other state roads are; and
the said commissioners, so appointed, shall receive such ^

. j^ ,, ■ ' ^ ^ . ^ ,, , Compensation

compensation out oi th.Q county treasuries of tne respect- ^f coinmission-
ive, counties through which said road may pass, as the re-ei-s.
spectivc commissioners' courts may deem just and reasona-
ble, the county of Johnson paying the two commissioners
from that county, and the county of Franklin paying the
one commissioner residing in said county.

Sec. 4. Tnat the county commissioners' court of John- Lr.provemoitt
son county, shall, at the term of said court next succeeding °* ^^'-^ ''°^^-
the location of said road, proceed to contract for the im-
provement of such parts of said road, as they niay deem
proper, within the county of Johnson, until tljcy sijall have
expended the two hundred and twenty dollars Avhich was
appropriated to said county of Johnson, by an act, entitled
"An act making appropriations out of the state treasury,-'
March first, one thousand- eight hundred and thirty-three.
' .A.i'PRovEn, Jan. 15, 183G,

188

In force 16th
Jan. 1836.

Comniissiouers
appointed.

When and
where to meet.

To be sworn.

To make re-
port.

Compensation.

A.K ACT to locate a State Road from Quincy to Macomb.

Sec. 1. Be it enacted by the people of the State of IllinoiB^
represented in the Generals Assembly, That William (1. Flood,
of Adams county, Daniel Cane, of Hancock county, and
George Miller of McDonough county, be, and they arc
hereby appointed commissioners, to survey, mark, and lo-
cate a road from Quincy, in Adams county, throup;h Fair-
field, the nearest and best route to Macomb, in McDonoue^h
county, doing as little injury to private property as the pub-
lic good will permit.

Sec. 2. The said commissioners, or a majority of them,
shall meet at Quincy, on the first Monday in June next, or
as soon thereafter as practicable, and after being duly sworn
by some justice of the peace of said county of Adams,
faithfully to view, and locate said road, without partial-
ity or affection, and faithfully to discharge the duties
required of them by this act. The said commissioners
shall place, in the prairies through which said road shall
pass, stakes, of reasonable size and durable timber, and
marks on the trees in the timber.

Sec. 3. As soon as practicable, after said road is loca-
ted, said commissioners, or a majority of them, shall make
out a report, accompanied by a map or plat of said road,
giving the courses and distances from point to point, with
such other marks of certainty as they may deem necessary;
and shall transmit a copy of said plat or report, to the
county commissioners' court of each county through which
said road shall pass, which shall be filed in their respective
offices; and each county shall bear her proportional part
of the expense, according to the distance said road may
pass through the same, to be allowed by the county com-
missioners' court of each county.

Sec. 4. When said road is located, it shall be, and is
hereby declared a public state road, and shall be opened and
kept in repair, as other state roads are, in this state.

Approved, Jan. 10, 1836.

T ^ ' T JiN JICT concerning the town of Boonville, in the County

In force, Jan " r D-i

15, 1836. «/ ^'^^•

Survey and plat Sf.c. 1. Be it enacted by the people of the State of Illinois,
of Boonvjiie represented in the General Assembly, That the survey and
vacated, void. ^^^^ j^^ ^^ ^^^ ^^^^ ^j- Roonville, in the county of Pike,

189

as filed and recorded in the recorders office, for the county

of Pike, be, and the same is hereby vacated, and rendered

null and void: Provided^ That this act shall not be so con- ^^t not to af-

strued, as to affect any rights acquired under said survey and f'em previous

plat of said town, or any sale of any town lots made in said ^^^'^^'

town, either by the former or present proprietor.

Sec. 2. That the present proprietor of said town, be, r^^ ^^ le-sur-
and he is hereby authorised and empowered, to re-survey veyed.
said town, lay off the same into lots, and file a plat thereof
in the recorder's office, in the manner now prescribed by
law, acting and doing as though the same had never been
laid off into a town, or a plat thereof filed; and the town
thus laid out by him, shall be styled, and known as the town
of Perry.

Approved, Jan. 15, 1836.

AN ACT to authorise and require the- County Commissioners'

Court of Sangamon County, to build a Bridge over ^'^ ""^Ig '

the Sangamon river.

Sec. 1. Be it enacted by the people of the State of Illinois, County c m-

' ■ ;si oners to

Id a bridge.

represented in the General Assembly, That the county commis- j^ufsioners to

sioners' court of Sangamon county, be, and they are hereby
authorised and required to build a bridge across the Sanga-
mon river, at or near Stephenson's ferry, on the road leading
from Springfield to Peoria.

Sec. 2. The said county commissioners shall commence ,-,
the building of said bridge, on or before the second Monday mem.
in March, one thousand eight hundred and thirty-six, and
shall have the same completed on or before the first Monday Completion.
of November following. The said bridge shall be so con-
structed, as to be at least twenty ieat wide, and of suflftcient
height to let drift wood pass underneath.

Sec 3. The county commissioners of Sangamon county, T*' keep bridge
shall keep said bridge in good repair, so as at all times to af- '" ^'^P^""'
ford a safe conveyance for all persons, and their property,
over the same.

Sec. 4. The expenses of building said bridge, shall be
defrayed out of the county treasury of Sangamon t^ounty; ^^.P''j'^'^®g^°^®_
and should there not be funds in the said treasury to defray mon county."
the expenses aforesaid, then, and in that event, the county
commissioners' court, of said Sangamon county, are hereby
authorised and required to levy a tax on the taxable property
of said county, sufficient to defray said expenses, and also

100

such other expenses as may be, from time to time incurred,
in keeping said bridge in repair. And the said commission-
ers may, from time to time, build and erect such other
bridges, and in the same way, as they may think necessary
and expedient, as is herein abov-e provided for. This act to
be in force from and after its passage.

Approved, Jan. 14, 1836.

In forcp, .Tan. AJV ACT to re-Iocate and establish a State Road from Paris,
13, I8:ib. i^^ Edgar county^ to Grandviezo.

Commissioners Sec. 1. Be it enacted by the people of the State of Illinois,
o.p\)ointi:iio\o- represented in the General Assembly, That Henry G. Smith,
catevoai. Georgc Moke and James Scott, be, and they are hereby
appointed commissioners, to view, and re-locate that part
of the state road leading from Paris to Grandview, Edgar
county.
Where and Sec. 2. Said commissioners shall meet in Paris, on or

when to meet, before the first Wednesday in June next, and after being
Tobeiworn. sworn by some justice of the peace, impartially to locale
the same, they shall commence on the south end of Main
street, in the town of Paris, and run thence on a straight
line, as near as the nature of the ground will admit, to the
north-east corner of section number sixteen, in township
thirteen north, of range twelve west; thence to the mouth
of Bennett Redmond's lane; thence to the causeway north
of Greenberry Redmond's old blacksmith shop; thence to
Grandview, as the Vandalia road now runs.
File a imp. Sec. 3. Said commissioners shall, within twenty days

after the location of said road, cause a true survey, or map
of the same, to be lodged with the clerk of the county com-
missioners' court, of Edgar county: and the said road shall
be, and is hereby declared a state road, and shall be opened
and kept in repair, as other state roads arc: and the county
Compe isaticn, commissioners' court of Edgar county, shall allow said re-
viewers one dollar and fifty cents per day, for their services.

Approvep, Jan. 13, 1836.

191

AJV *iCT to re-locate part of the State Road from Vincennes Inforcr, Jan.
to Chicago. 1-^' ^836.

Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Asscmhly, That the commissioners' ^j- commission-
court of Crawford county, are hereby empowered, if they eis,
think proper, to appoint three disinterested commissioners,
whose duty it shall be, (after being duly sworn before some '^°'^^ sworn.
justice of the peace for said county,) to impartially review,
and re-locate, that part of the state road leading from Vin-
cennes to Chicago, lying in Crawford county, commencing
where said road crosses the line between the north-east and
north-west quarters of section thirty-three, township eight
north, range eleven west, and terminating at the town of
Hutsonville, and make a report of the same to the next ^j^^^g ^ rspoi*.
commissioners' court.

Sec. 2. If any change or alteration shall be made by Road changed.
said commissioners, the commissioners' court shall cause the
same to be confirmed; and said part so changed, shall be cut
out the usual width, and kept in repair as other state roads.

Sec. 3. The commissioners' court shall pay out of the Conipsusanon,
county treasury, to each commissioner, such sum per day,
as they may deem just and equal.

Approved, Jan. 13, i83G.

AN ACT to locate the State Roads therein named. In ioice,_Jan.

1 f?, IS.'ji).

-ommisnouers

Sec. 1. Be it enacted by the people of the State of Illinois. ,
represented in the General Assembly, That Elijah Wells, cppointed.
Amos Anderson and Joseph Thaylor, of the county of Per-
ry, be, and they are hereby appointed commissioners, to lo-
cate the state road leading from Kirkpatrick's bridge, on
Little Muddy, to St. Louis, and from said bridge to Pinck-
neyville, so as to cause both roads to run together, on a
straight line from the place where said road forks, on the
west side of said bridge, until said roads pass the planta-
tion of AquillaCombs, in Perry county, on the west side of
said plantation; and after said roads pass said plan. a i "i,
to separate, and to intersect the parent roads again, on the
most eligible ground, and direct route, practicable.

Sec. 2. Said commissioners shall meet on the first Mon-
day of February, one thousand eight hundred and thirty- ^''^" ^"^
six, at the house of Aquilla Combs, in Perry county, or as
soon thereafter as practicable, and take an oath before

192

some magistrate of said county, to faithfully perform the dii-
ties enjoined on them by this act; after which they shall
proceed to re-locate said road, in the manner pointed out by
the first section of this act, and report their proceedings to

iMake a report, the clerk of the county commissioners' court of Perry coun-
ty, who shall file the same; and upon filing said report, the
road so re-located, shall be worked upon, and be a public
highway.

Sec 3. So much of said roads as wall be changed by
the re-location of the present roads, be, and the same is
hereby repealed; Provided.^ That in no case shall said com-
missioners be authorised to re-locate said road, without the
county commissioners' court of Perry county first authorise
the same, hereby leaving it discretionary wdth the said court
to have the same received.

Sec. 4. That Enoch B. Weathers and Jacob C. Bruner,
be, and the same are hereby authorised to mark, and lay out
a state road, sixty feet wide, from the town of Illinois, in
St. Clair county, to the town of Alton, on the Mississippi
river, as hi^-h up said river, as to be opposite the state lead-
ino- from St. Charles, to the bank of the Mississippi above
Alton. Said commissioners shall, before entering upon the

To be s.voiii. duties enjoined on them by this act, take an oath before
some justice of the peace of Madison county, to faithfully
execute the duties enjoined on them by this act. Said com-

Mike rcpovt. missioners shall make out a report, describing the said road,
and deliver a copy to the county comn^ssioners' court oi St.
Clair and Madison counties, wiien the same shall be filed;

Cornpeniation. ^^^ ^^^ ^^j^ ^^^j.^ g|^jj^|j ^^How said commissioners a reason-
able compensation for their services.

Approved, Jan. 18, 1836.

Provjsth

Conimissioiic

In force, Jan.
34, 18.; 6.

AN ACT lo change a part of the Vlnccnnes and Chicago
State road.

alter road.

Commissioners Sec. 1. Be it cnactcd by the. people of the State of Illinois,
ai)(>oiiuea to rcpvesentad in the General Assembly, That John F. Kichard-
son, Stephen D. Handy and William B. Archer, are hereby
appointed commissioners, who, under oath, impartially to
discharge the duties assigned them by this act, shall make
such alteration in the Vincennes and Chicago road, between
Darwin and the forty-fourth mile stone, and betv/een said
mile stone and the south line of the county, as they shall
deem best for the public good, doing as little damage to pri-

193

vate property as possible; and they shall make a full report
of their proceedings under this act, to the county commis-
sioners' court of Clark county.

Sec. 2. That the road lately located and opened in Clark Certain road
county, from the point where the state road leading from J^^J^"««* *»'*'«
Vincennes to Chicago, crosses Big creek, passing through
the town of Marshall, to the forty-fourth mile stone on
Walnut prairie, is hereby declared a state road, and shall
be kept in repair as other state roads are.

Sec. 3. From the point north of the National Road, Width,
where said road makes a turn direct for the said town of
Marshall, to the point where it turns below the National
Road, (nearly four miles,) said new road shall be eighty
feet wide, and all other parts thei-eof shall be four rods
wide.

Sec. 4. Said commissioners shall remove, and place the Mile stones,
mile stones where it becomes necessary, to suit the altera-
tions made in said road.

Approved, Jan. 14, 1836t

jiJVACT to locate part of the State Road leading from Crow's, in force, Dec,
in Morgan County, to Musick's Bridge, in Sangamon County, 28, 1835,

Sec. 1. Be it enacted hy the people of the State of Illinois, CommissJoners
represented in the General Assembly, That James Gadsby, *PP°^" ® •
David Batterton and Charles Broadwell, be, and they are
hereby appointed commissioners, to view, mark, and locate
so much of the state road leading from Crow's, in Morgan
county, to Musick's bridge, in Sangamon county, as lies
between the head of Richland creek and the Sangamon
river.

Sec. 2. The said commissioners, or a majority of them, When and
shall meet at the house of Peter Cartwright, on the first '''^^'^ ''^ """^
Monday in March next, or as soon thereafter as practicable, -p^ ^g s^^^^^
and after being duly sworn, shall proceed to perform the
duties required of them by this act, avoiding, as much as
possible, the injury of private property.

Sec 3. The said commissioners shall, as soon as conve- ^^]^^ ^ report
nient, cause to be filed with the clerk of the county com-
missioners' court of Sangamon county, a report, and pom^
plete map of said road, which report and map shall be
preserved, and shall form a part of the record of said court.
Said road, when so established, shall be kept in repair, a|
other state roads are.

194

Compensation. Sec. 4. The county commissioners' court of Sangamon
county, shall allow to said commissioners such compensa-
tion, as to them shall seem just and reasonable.

Approved, Dec. 28, 1835.

In force Jan, ■^■^ ACT to locate a State Road therein named*

18, 1836.

Commissioners Sec. 1. Bc it euacicd hy the people of the State of Illinois
Appointed to lo- represented in the General ^dssemblr/, That John Neely of Pike
cate said road, ^^^^^.y^ ^nd William Gillam and James B. Young of Morgan
county, be, and they are hereby appointed commissioners to
view, mark, survey and locate a state road from PittsfieW
via Augusta in Pike, via Winchester to the south end of
main street of Lynnville in Morgan county, said commis-
When&wheresiouers or a majority of them shall meet at the town of
omeet. Pittsfield on the second Monday in March next, or within

sixty days thereafter, and after being duly sworn by some
justice of the peace, faithfully to discharge the duties re-
quired of them by this act; shall proceed to view, mark, sur-
vey and locate said road, taking into consideration the pub-
lic convenience and the permanency of the road, doing as
little injury to private property as practicable.

Sec. 2. Said commissioners, within thirty days after hav-
ing located said road, shall make a report in writing to the
county commissioners' courts of the respective counties,
through which said road shall pass; said report shall form a
part of the records of said courts, and said road thus laid
out shall be a public highway of this state; and the county
commissioners' courts of each county through which the
said road may pass, shall cause the same to be opened, and
kept in repair as other state roads are required to bc by
law.

Sec. 3. The county commissioners courts, of the counties
of Morgan and Pike, shall allow to said commissioners, sur-
veyor and chain carriers, a reasonable compensation for
their services; to be paid out of the county treasuries of the
counties through which said road may pass.

Approved, Jan. 18, 1836.

Sliall make a
report.

Compensatioxr.

195

AJV ACT for the permanent establishment of so much of the Iq fore* Jan.
todd from Vandalia to Hillshoro\ as lies between Vandalia 18, 1836.
and Daniel Browning's, and for other purposes.

Sec. 1. Be it enacted by the people of the State of Illinois,
Represented in the General Assembly, That Joseph Chaffin, Commissioners
Easton Whitten, and Thomas C. Kirkman, or a majority of^PP"'"^^'^
them, be, and they are hereby required to meet at Vandalia When & where
on the tenth day of March next, or within ten days there- '° '"*^'"
after, and proceed to view, mark and' locate a road, com-
mencing at the state house in Vandalia, and running on the
most direct and eligible route to Daniel Browning's on the
Hillsboro road, and after they have performed said duty,
they are hereby required, to examine the road as at present
travelled, by Capt Peter Smith's, El, C» Berry's, Jesse Ba-
tes' and S. P. Gorin's, to said Daniel Browning's: taking
into consideration the dryness and eligibJility of both routes
and report their proceedings, and decision, to the next coun- To report.
ty commissioners court thereafter; and the route they shall
select, as being the best and most eligible, shall be, and ia
hereby declared the state road from the place of beginning,
itt> the said Daniel Browning's, any law to the contrary not-
withstanding. And the county commissioners court of Fay- ^o^id to be o-
ette county, are hereby required to cause the same to be f^repEdr ^ ^*^*
opened and kept in repair, as other state roads in this state.

Sec. 2. The county commissioners' court of Fayette coun- Compoosa^ion.
ty, shall make such allowance to said commissioners, for
their services, and for surveying said routs, as to them shf^U
appear reasonable and just, payable out of the county treaS'
ury of said county.

Sec. 3. That so much of the state road Reading from Road changed
Vandalia to Shelbyville, as passes near tt^e town of Bow- ^^.^^ I^wiin-
lingreen in Fayette county be, and the sj^me is hereby alter-
ed and changed so as to pass through main street in said
town, so soon as Thomas C. Kirkman and Bowling Jones,
proprietors of said town shall open said street. This act to
be in force from and after ^ts passage.

Aphroved, Jan. 18, 1836,

AN ACT to establish a State Road from Maysville to Shelby- In fQr«e Jan.

ville. 15>I836.

Sec. 1. Be it enacted by the people of the State oj UlinQiSy
represented in the General Assembly, That Crawford Lewis,

a°"S^Jed°°"' ^^ ^^'^y county, William J. Hankins of Effingham county^
apposnie . ^^^ Edward Reed of Shelby county, be, and they are here-
by appointed commissioners to view, survey and locate a
gtate road, to commence atMaysvillein Clay county, thente
to Ewingtonin Effingham county, and thence to Shelbyville
in Shelby county.
Where & when gj,^^ g. The commissioners aforesaid, or a majority of
them shall meet at Maysville in Clay county, on the first day
of May next, or some day thereafter that may be agreed
upon by said commissioners, and before entering on the dU'
. ties assigned them by this act, shall take an oath before

eswoui. some justice of the peace, faithfully and impartially, to lo-
cate said road, keeping in view the shortness of the route,
and the eligibility of the ground, so as to make the same a
permanent road, and whenever said road may be located
Makes* "^ through the prairie land, it shall be the duty of said commis-
sioners, to place a stake four feet high firmly in the ground
at the distance of every quarter of a mile on the same,
thities of com- gg^.. 3. The said commissioners so soon as they shall
miSNoneis, h^ve completed said vt^ork, shall make out a map under
their hands, with the courses, distances, streams ajid such
other estimates and remarks, as they shall deem interesting,
and return the same to the county commissioners' courts,
of each county through which the same shall pass, which
shall be filed in said courts.

Sec. 4. Said road when laid out as aforesaid shall be
deemed a public highway, and the county commissioners'
courts of said counties shall cause the same, to be opened
four poles wide, and to be worked and kept in repair as oth-
er state roads are. The respective county commissioners'
courts of said counties, shall allows said commissioners a rea-
sonable compensation for their services, not exceeding one
dollar and fifty cents per day, for each day necessarily em-
ployed in the discharge of said work, to be paid out of their
respective county treasuries. This act to take effect, and
Ipe in force from and after its passage.

Approved, Jan. 15, 1836.

In force Jan. -^N ACT to amend an act entitled an act to authorise William
14, 1836. Stadden to erect a mill dam across Fox River, approved Feb,

12, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois, rep'
resented in the General Asscmoly, That William Stadden be

and he is hereby authorised to erect a mill dam across Fox ^^^- Staddento
river, and on section twenty-nine, township thirty-four north damVcroMFox
of range four east, in the county of La Salle, Provided^ the river.
said William Stadden shall prior to the erection ofjsaid dam
comply with the provisions of an act entitled an act to Q.u-
thorise William Stadden to erect a mill dam across . Fox
river, approved Feb. 12, 1833.

Afprovedj, Jan. 14, 1836*

A.K ACTio authorise John Boles and James L. Kirlqaairick, . , »

2 •; / 77 ? • ; n r> • 1" fotCt Jail.

io bulla a toll bridge across Jtever niver* 12^1836.

Sec. 1. Be it enacted by the people of the State of Illinois',
represented in the General Assembly, That John Boles, and
James L. Kirkpatrick, their heirs and assigns, be, and they Authority id
are hereby authorised to erect a toll bridge across Fever erect atoll
river, at, or near ^ place in Galena, called "Meeker's fur-^"'^^'
nace," and at the termination of the state road survey-
ed by Joseph Naper in the year 1833, from Chicago 16
Galena.

Sec. 2. The said John Boles and James L. Kirkpatrick, Bridge to be
their heirs and assigns, shall at all times after the comple- ^''^^ »" repair.
tion of said bridge, keep the same in good repair; and allow
at all times a speedy passage to all persons and their prop-
erty over it, upon the receipt of the toll, as hereinafter pro-
vided by this act; and if at any time the said bridge shall
be left out of repair, so as the same shall be impassable for
the space of six months at any one time, the said bridge
shall accrue to the corporation of Galena: Provided however, Proviso.
That the destruction of said bridge by fire, high water, or
other unavoidable casualty, shall not operate as a forfeiture
of the privileges hereby granted; but the said proprietors,
their heirs and assigns, shall immediately proceed to rebuild
said bridge or repair the damages.

Sec. 3. The said John Boles and James L. Kirkpatrick, When to be
shall commence and complete the said bridge within gjcrh- '^"'""'^"'^f'^ *"''

J. o o completed.

teen months from the passage of this act, in a good and
substantial manner, for the safe crossing of persons, wagons,
and droves of stock over it; and when the said bridge is
completed, the owners or proprietors of the same, shall
have the right to place at either end of the bridge a toll ToU gats-
gate; and they are hereby authorised to ask and demand
from all persons crossing the same, such rates of toll as
is hereinafter pro voided.

198

Sec. 4. The rates of toll for crossing over said bridg^^
Rates of toll, shall be as follows: for each score of hogs, sheep, or goats,
twenty-five cents; each mule, ass, or horse, four cents; each
head of cattle, four cents; each one horse wagon, or vehicle
of any kind, twenty-five cents; each wagon or other vehi-
cle, drawn by two horses or oxen, thirty-scVen and a half
cents; each wagon or other Vehicle, drawn by more thai!
two horses or oxen, fifty cents; each man and horse, twelve
and a half cents; and each footman, six and a fourth cents:
Provided, That all persons, citizens of Jo Daviess county,
shall have a right to cross said bridge in going to and re-
turning from any muster or election, in said county; and
all grand and petit jurors, in going to and returning from
court, shall be permitted to cross said bridge free from toll,
for themselves and their horses; and the said John Boles
and James L. Kirkpatrick, their heirs and assigns, shall
pay into the county treasurer of Jo Daviess county, ten
dollars per annum, for the first five years after its comple-
tion; and the sum of twenty dollars per annum, for each
and every year thereafter,
roiporation of Sec. 5. Whenever the corporation of the said town of
Galena may Galena, shall deem it expedient to purchase out said bridge,
brWge*^* *^* ^"^ make it a free one, they shall have the right so to do,
upon paying the said Boles and Kirkpatrick, the original
cost of said bridge, with ten per centum interest on the
, same; and for the purpose of enabling the said corporation

to know what the actual cost of said bridge was, the said
proprietors shall, as soon as the said bridge is completed,
make out and file with the clerk of the county commission-
ers' court, an account of the actual expence of building the
same, and make oath to it before said clerk, or some justice
of the peace of the county.

Sec. 6. That the said Boles and Kirkpatrick, be, and
they are hereby required to construct said bridge with a
draw of suflicient width to permit steam boats and other
crafts to pass under the same; and if they should fail to
comply with this requisition, all privileges and powers gran-
Proviso. ted them by this act shall be forfeited: Provided, That if

either the said John Boles or James L. Kirkpatrick, shall
fail or refuse to contribute his equal proportion ot the ex-
penses in commencing the erection, or framing the timber
of the said bridge preparatory to its erection, by the first
day of July next, the one so failing, shall forfeit the right
herein granted to him.

Sec. 7. This act to he in force from and after its pas->
sage.

Approved, Jan. 12, 1835.

199

AjX act to re-locate a part of the State Road /earfm^ //-ooi j" foic^^ Jan.
Springfield to Leudstown. '

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That so much of the
state road leading from Springfield to Lewistown, as lies
between the nortliern boundary of township number eigh-
teen north, and the residence of John Jones, shall be so
changed as to run due north, from the point where said
road now crosses the aforesaid township line, through the
centre of the south west quarter of section thirty-four,
township nine north, range seven west, to the northern
boundary of said quarter; thence with the road as now
travelled, to the residence of the said John Jones.

Approved, Jan. 13, 1836.

A IS ACT authorizing Samuel Witter to build a /«// ^reV^e. Jj^J^^^'J^'^*"-

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Samuel Witter,'be,
and he is hereby authorized to build a toll bridge across the
the skillet fork of the Little Wabash river, where the state
road crosses said skillet fork, leading from Fairfield in
Wayne county, to Salem in Marion county.

Sec. 2. The said bridge shall be completed within five
years from and after the passage of this act, and shall be
built in a substantial and workman-like manner.

Sec. 3. That after the completion of said bridge, the Rates of toll,
said Samuel Witter shall be entitled to, and is hereby au-
thorized to demand and receive from every person crossing
said bridge, the following rates, to wit: for each head of
hogs or sheep, crossing said bridge, one cent; for each
head of cattle, three cents; for each foot passenger, six and
one fourth cents; for each one horse wagon or carriage,
eighteen and three fourth cents; for each two horse wagon,
drawn by horses or oxen, thirty-seven and one half
cents.

Sec. 4. The said Samuel Witter, shall cause to be put up put up a list
in some conspicuous place near the said bridge, a list of the thereof,
rates of tolls herein enumerated; and if the said Samuel
Witter, or any person acting under him, and by his autho-
rity, shall demand and receive more toll than is allowed by
this act, or shall unreasonably hinder or detain any person
wishing to cross said bridge, the said Samuel Witter shall.

'200

on conviction for every such ofiencc, forfeit and pay the

Penalty. sum of ten dollars, to be recovered by any person suing for

tlie same, by action of debt before any justice of the peace

of the county in which said bridge shall be erected; and if

any person or persons, shall wilfully do, or cause to be done

any injury to said bridge, the person or persons so offending,

shall forfeit and pay to the said Samuel Witter, double the

amount of such injury or damage, to be recovered before

any court having jurisdiction of the same.

Keep said Sec. 5. It shall bc the duty of the said Samuel Witter,

bikige in good to keep or causc to be kept in good repair said bridge, to

,epair. afford all persons a safe and speedy passage, and on failure

to do so, for every such offence, on conviction, shall be

fined in any sum not excedding ten dollars, to be recovered

before any justice of the peace of the proper county.

Sec. 6. That the said Samuel Witter is prohibited by
this act, from obstructing any ford on said skillet fork, at or
near where said state road crosses said skillet fork, under a
penalty of a forfeiture of the privilege granted by the pro-
visions of this act. This act to take effect from and after
its passage.

Approved, Jan. 11, 1836,

AJV ACT to authorise William Seelcy to build a toll bridge
19 ^'a'r^r^'^' across the Big Vermillion.

Sec 1. Be it enacted by the people of the State of Illinois,

represented in the General Assembly, That William Seeley,

his heirs and assigns, be, and they are hereby authorised

to build a toll bridge across the Big Vermillion, at or near

the place where the road leading from Ottowa to Peoria,

crosses said river, and near Seeley's mill ; at either end of said

bridge, the said Seeley, his heirs and assigns, are hereby

Toll gates. authorized to place n. toll gate, where he or they may ask

and demand of all and every person passing said bridge, the

rates of toll which may from time to time, be fixed by the

county commissioners' court of La salle county.

Commence- Sec. 2. The said William Seeley, his heirs and assigns,

ment and com- gj^g^jl commence the building of said bridge within one

P^ ""• year, and have the same completed within two years from

the passage of this act, so as to admit the safe passage of

persons, wagons, teams, cattle &,c., over it.

Kee said ^^^* ^* '^^^ ^^^^ William Seeley, his heirs and assigns,

bridge in repair shall at all timcs after the completion thereof, keep said

201

bridge in good repair, and allow a speedy passage to all
persons and their property over it, upon the receipt of the
tolls, in such cases allowed as herein provided; and if at
any tiin3 the said bridge be laft out of repair, so that the
same b..- imp issablo for the space of one year at any time,
the said bridge shall accrue to, and belong to the county
of La Salle: Pruvicled, hou-evtr,, The destruction of said
bridge by fire, high water, or other casualty, shall not
work a forfeiture of the privileges hereby granted; but the
said Seeley, his heirs and assigns, shall proceed immediately
to repair the same.

Sec. 4. Whenever the county commissioners of the County mtiy
county of La Salle, shall deem it expedient to purchase said ^"i^'-Ir^*"'*
bridge, they shall have the right to do so, by paying the
said Seele}", his heirs and assigns, the original cost of said
bridge, with ten per cent, interest thereon; and for the
purpose of enabling the county commissioners to know the
actual cost of said bridge, it shall be the duty of the said Cosi of said
Seeley, his heirs and assigns, to tile with the clerk of the bridge.
county commissioners' court of La Salle county, such vouch-
ers as shall be deemed sufficient by said commissioners to
ascertain the cost of said bridge.

Sec. 5. If the said Seeley, his heirs and assigns, shall at
any time obstruct the ford on said river, at or near said
bridge, or where the said road crosses in any manner, he
or they so o'Tending, shall forfeit and pay the sum of one Fine,
hundred dollars for every such offence, to be recovered by
action of debt, in any court having competent jurisdiction
thereof; one half of which shall go to the use of the person
informing, the other to the use of the county.

Skc. 0. That the county comnjissioners' court of said County may
county, shall have full power to levy a tax on said bridge, ^evy a tax.
as is provided in "an act to provide for the establishment
of ferries, toll bridges and turnpike roads," approved Feb-
ruary U, 1827.

Approved. Jan. 13, 1836.

AN JICT to locate and establish a State Road from the j . ,
Wabash river in Crazvford county, to Shelbyvilk in Shelby le, Tsse, ^"
county.

Sec 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That John Gill of Duties of Com,
Crawford county, Joseph Glen of Coles county, and John. miEsioners.

202

Where and
when to meet.

Shall make a
plat of said
siu'vey.

Compensation,

Storm of Shelby county, be, and they are hereby appointed
commissioners, to view, survey, mark and locate a road,
commencing at some point on the Wabash river in Craw-
ford county, to be determined by them, or a majority of
them, with a view of the said road being extended in the
state of Indiana, to intersect the road leading from Louis-
ville to Vinccnnes; thence by the town of Greenup in Coles
county, to Shelbyville in Shelby county, varying as little as
practicable, from a direct line between said places, having
in view the most eligible route, its permanency, and a due
regard to public convenience.

Sec. 2. That the said commissioners, or a majority of
them, shall meet at Palestine in Crawford count}^, on the
first day of April next, or at some convenient time thereaf-
ter; and being first duly sworn before some judge or justice
of the peace in this state, faithfully to discharge the duties
required of them by this act, shall proceed to make the
necessary examinations, and determine upon the place for
the crossing of the said road across the Wabash river; and
after they shall have done so, to view, mark and locate the
route of said road through Palestine and Greenup, to Shel-
byville in Shelby county; and as soon as practicable there-
after, cause a plat of the survey of said road, so viewed,
marked, and located, and certilied by them, to be filed in
the clerks office of the county commissioners' court of the
counties of Crawford, Coles and Shelby, of that part of the
road so located in each of said counties; and each of the
clerks of the county commissioners' courts in said counties,
shall file the same, and lay said plat before the county com-
missioners'court at the next term thereafter; and the said
court shall cause an entry thereof to be entered on their
records; and the road so laid out and located, is hereby
declared a public state road, and shall be opened and kept
in repair, three rods wide, in the same manner as other
public roads are required by law.

Sec 3. Each of said commissioners shall receive for
their services, one dollar and fifty cents per day, for all the
time necessarily employed in said service, to be allowed by
the county commissioners' courts of the said counties of
Crawford, Coles and Shelby; and it shall be the duty of
the commissioners to make a certified statement of the time
they were engaged, and return the same with the plat, to
ihe clerks of the said county commissioners' courts.

Approved, Jan. 16, 1836.

AK ACT to locate a State Road from Gilead in Calhoun In force Jan.

7 1 QQfi

county^ to Rnshville in Schuyler county. '» ^°'^°-

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That William Mettz
of Calhoun county, Nathan W. Jones of Pike county, and Commission's.
Cornelius Vandevanter of Schuyler county, be, and they
are hereby appointed commissioners, to view, mark and
lay out a state road from Gilead in Calhoun county, thence
on the neai'est and best route to Pittsfield and Griggsville,
in Pike county, I.a Grange in Schuyler county, thence on
the nearest and best ground to Rushville in said county,
doing as little injury to private property, as the public good
will permit.

Sec. 2. That said commissioners shall meet at Gilead, When and
on the first Monday in March next, or within sixty days '"'^^'^^ '° '«"*"•
thereafter, and after being duly sworn before some justice
of the peace, or clerk of the circuit court, w^ell and truly
to perform the duties required of them by this act, accor-
ding to the best of their skill and abilities; they shall pro-
ceed to the place of beginning, and view, mark, and lay
out said road, agreeable to the provisions of the first sec-
tion of this act.

Sec. 3. That so soon as said road may be located, the To report,
said commissioners shall make out a complete report of all
the principal points and notable places which the same
may pass, in each county; and it shall be the duty of said
commissioners, to return to the clerk's ofiice of the county
commissioners' courts, in each county, such report of that
portion of said road as is situate in their respective counties;
and it shall be the duty of the said clerks respectively, to
lay said reports before the county commissioners' court, at
their next term; whose duty it shall be to cause the same
to be recorded in the records of said court, and said road
to be opened and kept in good repair accordingly.

Sec. 4. The said commissioners shall receive such com- ^<""P^"^''°»'
pensation for their services out of the county treasury of
their respective counties, as the county commissioners' courts
may order and allow.

AppKovEP, Jan. 7, 1836.

304

h ^?oo'% '''*"• -^-^ ^Cr declaring a Road therein named to be a State
lb, lyjo. D )

' tioai.

Sec. 1. Beit enacted by the people of the Stale of Illinois^
represented in the General Assembly^ That so much of the
road leading from Vandalia to Atlas in Pike county, as lies
in Greene county, as located in pursuance of the act, ap-
proved December 22d, 1832, be, and the same is hereby
declared astc),te road, and shall be opened and kept in re-
pair in the same manner as other state roads are.

Approved, Jan. 16, 1836.

t I, . AN ACT to re-locate a part of the Road leadinsr from

In forcejan. tth r i ,i rr r> • '^

9^ 1836. Hillsooro to the Honey Foint.

Commissionei-s Sec. 1. Be it enacted by the ppople of the State of Illinois^
appointed. represented in the General Assembly, That Henry Piatt,
Charles Wright and James Grantham, of the county of
Montgomery, be, and they are hereby appointed commis-
sioners, to view, and re-locate so much of the state road
leading from Hillsboro', in Montgomery county, to Carlin-
ville, in Macoupin county, as lies between Hillsboro' and
the Honey Point.
When and Sec. i2. Said commissioners, or a majority of them,

where to meet, gj^g^j] fj-jggj- jj-, Hillsboro', as soon as practicable, and after
Tobeeworn. being duly sworn before some justice of the peace, they
shall proceed to view, and re-locate said road, on the most
eligible route, avoiding the injury of private property as
much as practicable. They shall also take into considera-
tion the amount of damages that the county, or the agriev-
cd party may sustain, in continuing the road as first laid out;
and if the said commissioners shall be of the opinion that
the interests of the county will be promoted, they may
change it on any route that they may think proper, so as to
do as little damage as possible.

Sec. 3. Said commissioners shall be entitled to receive
Compensation. ^^^^ ^^^ ^^ ^^^ dollar and tv^^enty-five cents per day for their
services, for each day actually employed in said service;
Employ a sur- and if they think it proper, they may employ some compe-
veyor. tcut survevoi': and if said road is changed from the present

Map'. route, they shall cause a map of s iid change to be lodged

with the clerk of the county commissioners' court, to be by
him filed in his office. And said commissioners are also au-
thorised to enter into such arrangements with the agrieved

"205

parties, as o\A'n land on the route, or the amount of dama- Damages,
ges, in the same manner as is required in the act concern-
ing the right of way, approved February twenty-eighth,
one thousand eight hundred and thirty-three, and their pro-
ceedings and decisions shall be in conformity with the above
recited act. And the expenses of the commissioners and Compensation.
surveyor shall be paid by the county of Montgomery,
Provided, If the said road is removed from the present route,
tKe road so re-located, shall intersect the present road with-
in one-half mile east of the Honey Point. The act to au- Act repealed,
thorise the county commissioners of Montgomery county,
to change a certain state road, therein named, approved
February sixth, one thousand eight hundred and thirty-five,
be, and the same is hereby repealed.

Approved, Jan. 9, 1S33.

AN ACT to change apart of the State Road leading from j^^ ^^..^.^ j^^.^
Springjield to BcardstoTJcn. 15, 1S36.

Sec. 1. Be it enacted by the people of the State of Illinois, Commifsioneirs
represented in the Gsmral Assembly, That William Crow, ^PPoin^ed.
John Ray and Allen F. Lindsey, are hereby appointed
commissioners, to re-locate that part of the state road lead-
ing from Springfield to Beardstovvn, which lies between
Archibald Job's and the bridge across Ray's Branch, in the
county of Morgan. Said commissioners, or a majority of
them, shall meet at the house of Archibald Job, on the first ^Y^''^" ^"'^
Monday in March, or so soon thereafter as may be, and ^^ '^"^ °'^^
after being sworn before some justice of the peace, faith- To be sworn.
fully to perform the duties required of them by this act,
shall proceed to re-locate said road, between the points afore-
said, upon the same ground on which said road was located
by Horn and Holmes, if in their opinion such location will
not operate to the prejudice of the community: but if they
shall be of opinion that a location on different ground can
be made so as to make a better road, and not operate to the
prejudice of the community, or of individuals, they shall
locate the same on different ground. Said commissioners,
or a majority of them, shall make report of their proceed-
ings under this act, to the county commissioners' court of °^®i'°'''-
Morgan county; and said court shall receive the same, and
cause the road as located, to be opened, and kept in repair;
and from and after the time of making the report aforesaid,
so much of the present road as lies between the points

206

named in this act, shall be vacated, and the road located
Compensation, shall be the state road. And said commissioners shall be
allowed one dollar and fifty cents each, per day, for their
services, out of the treasury of Morgan county.

Approved, Jan. 15, l836.

Ii force Jau "^-^ JiCT to locate a State Road from Peoria to Pekin^ thence
18, ]836. to intersect the road leading from Peoria to Springfield^ and

for other purposes.

Commissioners
appointed to
locate roa.i.

Meeting.

To be sworn.

File a report
and map.

Compensation

Confirm report
of former com-
missioners.

Sec. 1. Be it enacted hy the people of the State of Illinois^
represented in the General Jlssembly^ That Madison Allen,
William Rankin and Theodoras Fisher, be, and they are
hereby appointed commissioners, to view^, mark, and locate a
state road, beginning at the town of Peoria, iii the county of
Peoria; thence down the river, on the north-west side of the
same, crossing the same at Pckin, in the county of Tazewell ;
thence in a south easterly direction, till the same intersects
the road leading froin Springfield to Peoria.

Sec. 2. The said commissioners, or a majority of them,
shall meet at the town of Peoria on the second Monday of
April next, or as soon thereafter as practicable, and after
being duly sworn, shall proceed to perform the duties re-
quired of them by this act, avoiding as much as the public
good will permit, the injury of private property.

Sec. 3. The said commissioners shall, as soon thereafter
as convenient, cause to be filed with the clerk of the county
commissioners' court, for the county of Peoria, a report,
and correct maps, of so much of said road as may be located
in the said county of Peoria; and also with the clerk of the
county commissioners' court, for the county of Tazewell, a
like report and maps, of so much of said road, as may be
located in the said county of Tazewell; and the said reports
and maps shall be preserved, and shall form parts of the
records of said counties, respectively. Said road, when so
established, shall be kept in repair as other state roads are.

Sec. 4. The county commissioners' courts, of the said
counties of Peoria and Tazewell, may allow to said com-
missioners, out of their county treasuries, respectively, such
compensation, as to them shall seem just and reasonable.

Sec. 5. That the county commissioners' court of the
county of Tazewell, be, and they are hereby authorised and
directed, to receive and confirm the report of Thomas
Griffith, Benjamin Briggs and Joshua Brown, or a majority

207

of them, commissioners appointed bj an act, entitled "All
act to change a state road therein named," approved Feb-
ruary 6th, 1835, to review, and re-locate any part of the
state road leading from Pekin to Danville, lying between
the towns of Pekin and Mackinaw; Provided^ Said report
has been, or shall be presented to said court, on or before
the first Monday of June next.

Sec. 6. The road, when reported as aforesaid, shall be
considered a state road in every respect, as though said ^^^^"^^^ *^ **
report had been made within the time prescribed by the
act aforesaid.

Approved, Jan. 18, 1836.

AN ACT to amend an act concerning Ptiblic Roads. Jg ^"igs^"^^"'

Sec. !♦ Be it enacted by the people of the State of Illinois, Supervisors'
represented, hi the General Assembly, That it shall be the duty cl"ty-
of the supervisors of the several counties in this state, to
cause ciU the load tax in their respective districts, which is
to be discharged in labor, to be so discharged previous to the
first day of November, annuall}^; and the delinquent list
which the supervisor is required to return to the clerk,
according to the 24th section of the act to which this is an
amendment, shall be so returned on or before the first day of
November, annually. Any supervisor failing to comply
with any of the provisions of this act, or of the act to which
this is an amendment, shall be fined in any sum not ^, , ~
less than five dollars, and not exceeding fifty dollars; which for neglect.
shall, upon the complaint of any person or persons, be re-
coverable before any justice of the peace of the proper
county, any thing in the act to which this is an amendment,
to the contrary notwithstanding.

Sec. 2. That the county commissioners' courts, in each Duty of county
and every county within this state, whenever the finances of con"i'»«sioners.
their county will admit, be, and they are hereby authorised
and required, to expend on the public roads, in making
causeways, erecting bridges, (fee, in their respective coun-
ties, any sum not exceeding one-third of the amount re-
ceived into the county treasury of such county, in the cur-
rent year immediately preceding the time of expending
said sum or «ums of money; which said improvements, or
repairs, shall be made by the county commissioners' court,
by letting out contracts to the lowest and best bidder or bid-
ders, and in all cases taking bonds of the undertaker, paya-

ble to the county commissioners, and their successors in
office, for the due and faithful performance of their respect-
ive contracts: and the said county commissioners' court, upon
being fully satisfied that the said contract or contracts, have
been fully completed, shall draw a warrant in favor of said
contractor, on the county treasury, for the payment of the
same, which shall be paid out as other county orders.

!Sec. 3. The secretary of state sliail cause this act to be

piibiirhed" "^ published in the newspaper published by the puLlic printer,
immediately after its passage, for three weeks in succession,
the cost of printing to be paid out of the contingent fund.

Act repealed. The ISth section of the act to which this is an amendment,
is hereby repealed.

Approved, Jan. 18, 1836.

This act t3 bs

In force, Jan. Ji]S[ JICT io vc-locate CI part of the State Road in Coles CountiJ.

Cmmui<'-]:,:.-vs ^^^* ^* ^^ ^^ enactccl by the people of the State of Illinois,
appointed. represented in the Gr.aeral Assembly, T'hat Ebenezer Alexan-
der, William Langston and Daniel Drake, of Coles county,
arc hereby appointed commissioners, to re-locate, and estab-
lish that part of the state road in Coles county, that lies be-
tween John Waddles', in said county, and Shelbyville, com-
mencing at or near the house of said John Waddles, and
running thence on a straight line, about one bundled yards,
in a direction so as to strike the north-west corner of said
Waddles' land; thence west with the survey line, one mile
and a quarter; thence in a direction to intersect the IShelby-
^ ille road at the timber, about two and a half miles from
said Waddles.

~ Sec. 2. Said commissioners, or a majority of them,

where' to'ineet shall meet at said Waddle's, on or before the first day of

To be sworn. August next, and after being duly sworn by some justice of

the peace, to impartially survc}', and re-locate said road,

shall establish, by running two furrows, thirty feet apart

from each other, so as to embrace the points set forth in the

first section of this act.

Make return. ^Ec. 3. Said Commissioners shall make a rctum of their

proceedings to the clerk of the county commissioners' court

of Coles county, correctly describing the alterations made

in said road, under their hands and seals, within thirty days

after the action and completion of the same.

Sec. 4. The county commissioners' court of said count}',
Comi ensaijon. shall allow said commissioners one dollar and fifty cents

209

each, per day, for the necessary service by them rendered in
altering said road: and said court shall also allow the person
employed by the commissioners to run off the furrows along
said road, reasonable compensation for the services render-
ed.

Sec. 5. All acts or parts of acts coming within the pur- Acts iepeai94.
view of this act, are hereby repealed. This act to be in
force from and after its passage.

Approved, Jan. 16, 1836,

AJV ACT to lay out a State Road from Chicago to Peoria. 15 ^836.

Sec. 1. Be it enacted by the people of the State of Illinois^ Commissioners
represented in the General Assembly., That James B. Camp- appointed;
bell, of the county of Cook; William Seely, of the county
of La Salle; Jesse Roberts, of the county of Putnam;
Charles Ballance, of the county of Peoria, and John Sun-
derland, of Tazewell county, be, and they are hereby ap-
pointed commissioners, to view, survey, mark, and locate a
road from Chicago, in the county of Cook, through Ottowa^
to Peoria, in the county of Peoria, having in view the short-
est and most eligible route, and paying due regard to public
convenience.

Sec. 2. The said commissioners, or a majority of them, -wheri and
shall meet at Peoria, on the first day of May next, or within where to meet,
sixty days thereafter, and being first duly sworn faithfully
to discharge the duties required of them by this act, shall
proceed to view, survey, mark, and locate said road; and as
soon as practicable thereafter, the said commissioners shall To tJfpOTt.
make a report of their proceedings to the county commis-
sioners' court of each county through which said road shall
pass, which report shall be filed with the clerks of said
courts. And the said road thus laid out, shall be, and is
hereby declared a public state road, and shall be opened and
kept in repair, in the same manner as other public roads.

Sec 3. The said commissioners may be allowed for^^jj, -^^^
their services, a compensation not exceeding two dollars per
day, for all the time by them necessarily employed about
said work, to be paid by the counties through which said
road shall pass, in proportion to the extent of said road in
each county.

Sec. 4. Should the county commissioners' courts of any Map.
two counties through which said road shall pass, think it
expedient to have a map of said road, it shall be the duty of
- 27

110

said road commissioners to make and certify, or cause to be
made and certified, a map of said road, and cause a copy
thereof to be filed in the office of each clerk of the county
commissioners' court, in each county through which said
Compensation ^oad shall pass; for which said maps, the said county com-
therefor. missioners shall allow reasonable compensation, to be paid

by each county, in proportion to the extent of said road in
each.

Approved, Jan. 16, 1836.

In force Jan. AJV ACT to locate a State Road from Commerce^ in

15, 1836. Hancock county^ to Peoria.

Sec. 1 . Be it enacted by the people of the State of Illinois^
Commissioners represented in the Getieral Assembly, That Marvin Tryen, of
Ee°r2id! Hancock county; Daniel Babbit, of Fulton county, and
Thomas Phillips, of Peoria county, be, and they are hereby
appointed commissioners, to view, mark, and locate a road,
by setting stakes in the prairie, sufficiently close as to be
easily followed, and marking the trees in the timber, from
Commerce, in Hancock county, the nearest and best route
to the town of Frankhn, in said county; thence to some el-
igible crossing on Spoon river, in a direction to Farmington,
in Fulton county; thence to Peoria, in Peoria county, having
in view its permanency, and doing as little private injury as
the public good will permit.
When and Sec. 2. The Said commissioners shall meet on the first

wher« to meet. Monday in March next, or as soon thereafter as practicable,
at the town of Commerce, iin Hancock county, and after
To be sworn. ^^-^^^ ^j^jy sworn before some justice of the peace, faithful-
ly to discharge the duties required of them by this act, shall
'■ proceed to view, and locate said road, designatmg the route

by setting stakes in the prarie, and marks on the trees in the,
timber; and shall make a report of the location of said road,
giving the most noted points thereon, and return a copy of
said report to the elerk of the county commissioners' court
of each of said counties, which shall bfe filed by him in his
office: and said road, thus laid out, shall be, and is hereby
declared a public state road, and shall be opened and kept
in repair, in the same manner as other public roads are.
May employ ^^^' ^' The said commissioners, or a majority of them,
assjstqujcp. shall be authorised to proceed and lay out said road, as re^
quired by this act, and call to their assistance such other
help as may be necessary for the location of the same; and

211

the 'county commissioners' court of each county through
which the same may pass, shall allow said commissioners, Compensat5oi\.
and such other hands as they may employ to assist them,
a sum not exceeding one dollar and fifty cents each, for ev-
ery day necessarily employed in locating said road, to be
paid out of the county treasury of each county, according
to the distance said road may pass through the same, when
said commissioners shall have filed a copy of the report, as
is recited in this act, duly certified and attested by them.

Approved, Jan. 15, 1836.

jIN *S.CT to eslahlish u State Road from Danville to 0/iozra. I« foice, Jan.

^ 18, 1836.

Sec. 1. Be it enacted hy the people of the Stat^ of Illinois, commisslonert
represented in the General Assembly, That Abraham Henkle, appointed.
of Vermillion county; John Manning, of Champaign coun-
ty; Fairchild Weed, of McLean county, and James B.
Campbell, of La Salle county, be, and they are hereby ap-
pointed commissioners, to view, survey, and locate a road
from Danville, in Vermillion county, to Ottowa, in La
Salle county. Said commissioners, or a majority of them,
shall meet at the house of Amos Galusha, in the town of^j^g^^^j^^
Danville, on some day between the first days of May and where to meet.
October next, and proceed to survey, mark, and locate said
road. Where said road shall pass through a prairie coun-
try, said commissioners shall cause to be erected suitable ^^"
posts, within one-half mile of each other, and shall return
to the county commissioners' court of each county through
which said road* shall pass, a plat of said road, designating
thei"ein the courses and distances; which said survey shall be
filed and preserved in said courts.

Sec. 2. The said road, when located as aforesaid, shall a state road,
be a state road, and shall be opened and kept in repair, as
other state roads are. Said commissioners shall receive,
each, two dollars per day, for every day's service, in making. Compensation,
surveying, and locating said road, which shall be paid in
equal proportions by the county commissioners' courts of
the several counties through which said road shall pass.

Sec. 3. That an act to locate a road from Danville to Act repealed.
Ottowa, approved January 18th, 1833, be, and the same is
hereby repealed.

Approved, Jan. 18, 1836.

In force Jan '^'^ ACT declaring the Little Wabash River a navigable
18, 1836. stream.

Little Wabash Sec. 1. Be it enacted by the people of the State of Illinois,

declared a nav- represented in the General Assembly, That the Little Wabash

igabie stream, j-j^gj. jjg^ g^j^^j ^j^g Same is hereby declared a navigable

stream, up to the point where the northern boundary line

of Clay county crosses the same.

Sec. 2. This act to be in force from and after its pas-
sage.

Approved, Jan. 18, 1836,

A^ ACT to lay out a certain road therein name:1, and ta
In force, Jaa. authorise William Kirkpatrick to build a Toll Bridge across
14, 1836. ^^g Winnebago Swamp.

Commissioners S.EC. 1. Be it enacted by the people of the State of Illinois,
«.ppointed to represented in the General Assembly, That James Wilson, of
°'^^'^-°^ ■ Tazewell county; Henry Thomas, of Putnam county, and
Simon Reed, of Peoria county, be, and they are hereby ap-
pointed commissioners, to view, survey, mark, and locate
a state road, to commence at the court house in Peoria, run-
ning thence by the the most direct and eligible route, to.
Rock river, to strike said river at a point on the first rapids
below Dixon's ferry; and running thence, by the most di-
rect and eligible route, to Galena; doing as little damage to
private property as possible, and having a due regard to,
the public interest and convenience.
When and Sec. 2. Said commissioners, or a majority of them, shall

^here to meet, meet at the town of Peoria, on the first Monday of June
next, or as soon thereafter as practicable, and first being
To be sworn *^"^J sworn before some justice of the peace, faithfully to
perform the duties required by this act, shall proceed to
view, mark, and locate said road, from point to point, on the
nearest and best possible route, taking into consideration,
as aforesaid, the public convenience, utility, and economy,
so as to make the same a permanent road,
eu M . Sec. 3. Said commissioners shall, on or before the

isnaH report. ^ -w-^ ■, ^ , ^rj.!-

first day of December next, make out a report ol their pro-
ceedings to the county commissioners' courts of the several
counties through w^hich the said road may pass, accompani-
ed by a complete map of said road, which report and map
shall be filed by the clerks of the county commissioners'
courts of the several counties aforesaid, and shall form a

213

part of the records of said courts: and said road, when
laid out as aforesaid, shall be considered a state road, and
shall be opened and kept in repair as other state roads.

Sec. 4. Said commissioners shall receive for their serv- Compensation,
ices, per day, the sum of two dollars, while necessarily em-
ployed in said work; which, together with the necessary
expenses for a surveyor and chain carriers, shall be paid
for by William Kirkpatrick, of Rock river, it being hereby By whom paid,
expressly enacted, that no part of said expenses shall be
chargeable, or paid by the counties through which said road
may pass, or by the state.

Sec. 5. Be it further enacted, That the said William Wm. Kiikpat-
Kirkpatrick, his heirs and assigns, be, and they are hereby "'^.'^ amiionfecl

^u • J J J J- i. ^ 11 u -J j-u to biuld a toll

authorised and empowered, to erect a toll bridge across the bijdg?.
Winnebago swamp, at the place where said road crosses
said swamp. At either end of said bridge, the said Kirk-
patrick, his heirs or assigns, are hereby authorised to place
a toll gate, where he, or they, may ask and demand of all
and every person or persons passing, the rates of toll, which^
from time to time, may be fixed by the county commission-
ers' court", of the county in which said bridge may be situ-
ated.

Sec 6. The said Kirkpatrick, his heirs, or assigns, shall When to com-
commence the building of said bridge within one year, and menceand to
have it so far completed within two years from the passage *^°'"^
of this act, as to admit the safe passage of persons, wagons,
teams, cattle, &c., over it.

Sec. 7. The said William Kirkpatrick, his heirs and as-
signs, shall at all times after the completion thereof, keep ° ''^P^'.''^
said bridge in good repair, and allow a speedy passage to
all persons, and their property, over it, upon, the receipt of
the tolls in such cases, as allowed, as is hereinafter provided.
And if at any time the said bridge be left out of repair, so
that the same be impassable for the space of twelve months,
at any time, the said bridge shall accrue and belong to the
county in which the same may be situated; Provided, Aou;- Prq.isq.
ever, That the destruction of said bridge by fire, high water,
or other casualty, shall not work a forfeiture of the priv-
ileges hereby granted; but the said W^illiam Kirkpatrick,
his heirs, or assigns, shall proceed immediately to repair
the same.

Sec 8. It shall be the duty of said Kirkpatrick, his Shall make
heirs, or assigns, in order to entitle himself to the provis- causes ay^.
ions of this act, to construct, and keep in repair, a causeway
over the whole of the Winnebago swamp, to and from the
bridge aforesaid, free of any and all expense to the county
or counties in which the same may be situated.

Sec. 9. No person shall, within fifteen years there-.

PiivUeges after, build a bridge, or establish a ferry, across said
gianted. swamp, wilhin one mile above or below said bridge; Provi-

ded, The said William Kirkpatrick, his heirs, or assigns,
shall erect, and keep up said bridge, for that space of time:
Provided further, The aforesaid privilege shall not extend so
far as to prohibit any person from building a bridge, or
establishing a ferry, across said swamp, on any county or
state road laid out prior to the passage of this act.
County com- Sec. 10. Whenever the county commissioners of the
iTiissioners may coynty in which Said bridge may be situated, shall deem it
bridga. expedient to purchase said bridge, they shall have the right

so to do, by paying the said William Kirkpatrick, his heirs,
or assigns, the original cost of said bridge; and for the pur-
pose of enabling the county commissioners to make said
purchase, it shall be the duty of the said Kirkpatrick, his
heirs, or assigns, to file with the clerk of the county com-
missioners' court, such vouchers as shall be deemed sufficient
by the commissioners, to ascertain the cost of said bridge*
Taxable. ^EC. 11. That the county commissioners of said county,

shall have full power to levy a tax on said bridge, as is pro-
vided in an act to provide for the establishment of ferries,
toll bridges, and turnpike roads, approved February 12thj
1827.

Approved, Jan. 14, 1836,

In force Jan. AN ACT to rc-localc a State Road therein named*

15, 1836.

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That W^illiam Ritten-
house, John G. Short, and Robert Higgins of the county
CommissioiiemQf gj^ Clg^jj.^ |jg^ j^jj(j they are hereby appointed commis-
sioners, to review, and re-locate so much of the state road
leading from Belleville to Thomas Pulliam's ferry, as lies
between Alexander Scott's and said Pulliam's on the Kas-
kaskia river.
When and Sec. 2. Said commissioners shall meet at the town of

whereto meet, ggjjgyjiig^ ^j^ ^l-,g f^pg|- Monday of March, or as soon there-
after as practicable, and take an oath before some justice
of the peace of said county, to faithfully and impartially
execute the duties enjoined on them by this act; after ta-
king said oath, said commissioners shall proceed to review
and relocate said road, so as to do as little damage as prac-
ticable to farms and small tracts of land through which the
same may pass. They shall report their proceedings to tho

•il5

county commissioners' clerk, who shall file said report, and
the road so re-located, shall be opened and kept in repair;
and the former road after such re-location, shall be vacated;
and the county commissioners' court, shall allow said com-
missioners a reasonable compensation for their services Compenfation,
while engaged in the prosecution of their duties.

Approved, Jan. 15, 1836.

AJ\' ACT to locate a Road from Quincy in Adams county, j" jgg^ *"'
to Pittsjield in Pike county.

Sec. 1. Be it enacted hy the people of the State of Blinois,
represented in the General Assembly, That Samuel Stone, <^o'n^»»i''ners
and Robert Kay of Adams county, and Thomas Pulliam of*^'^'"'* *
Pike county, be, and they are hereby appointed commis-
sioners, to view, mark and locate a state road from Quincy
in Adams county, to Pittsfield in Pike county.

Sec 2. Said commissioners, or a majority of them, shall ^,j^J^j^"i^^jgj^
meet at Quincy, on the first Monday in April next, or within
thirty days thereafter; and after being first duly sworn To be sworn,
before some justice of the peace, faithfully to discharge the
duties required of them by this act, shall proceed to view,
mark and locate said road, on the most eligible and advan-
tageous ground, and shall place in the prairies through
which said road may pass, stakes of durable timber, and
blazes on the trees in the timber.

Sec 3. As soon as practicable after said road is located,
the said commissioners, or a majority of them, shall make a To report,
report thereoif under their hands, and return the same to the
clerks of the county commissioners' courts of Adams and
Pike, which report shall be filed and preserved in their
offices; and the said county commissioners' courts, shall
cause so much of said road as lies in their respective coun-
ties, to be opened four poles wide, and the same is hereby
declared to be a state road.

Sec. 4. The county commissioners' court of the said compensation,
counties of Pike and Adams, shall allow said commissioner!?
a reasonable compensation for their services, to be paid out
of the county treasuries.

Approved, Jan. 15, 1836.

'2i6

AJV ACT to locate ^a State Road from the termination of the
III fovce, Jan. Indiana State Road, to Ottowa.

IS, lrt3G.

Stc. 1. Be it enacted by the people of the State of Illinois^
„ . . represented in the General t/lssembly, That Luther C. Cham-
* berlain of Cook county, and William Studdcn, and Daniel
F. Hill of La Salle county, be, and they are hereby ap-
pointed commissioners, to view, survey, mark and locate a
road from the termination of the Indiana state road, (which
leads from Laporte in said state, to the line of this state in
the direction of the Grand Rapids of the Illinois riverj) to
Ottowa in La Salle county, by the way of Marseilles, vary-
ing as little as practicable from a direct linCj having in view
the most eligible route, for its permanency, and a due
regard to the public convenience.
When and Sec. 2. That Said commissioners, or a majority of them,

where to meet, shall meet on the third Monday of May next, or as soon
thereafter as may be, at the town of Juliet in Cook county;
and being first duly sworn, before some justice of the
peace, faithfully to discharge the duties required of them
by this act, shall proceed to view, mark and locate said
road; and as soon as practicable thereafter, cause to be
Shall make a niade a map of the survey of said road, certified by them,
'"^^' and forward a copy thereof to the clerk of the county com-

missioners' court, of each of the counties through which
said road shall pass, which shall be by him filed in his office;
and the said road, thus laid out, shall be, and is hereby
declared a public state road, and shall be opened and kept
in repair, in the same manner as other public roads are.
Sec. 3. The county commissioners of the several coun-
Compensation. <;ies, shall allow said commissioners such compensation as to
them shall appear reasonable and just, together with a rea-
sonable compensation for one surveyor, two ckain carriers,
and one marker, which several sums shall be paid by the
counties through which said road shall pass in proportion
to the extent of sg^id r6ad in each.

Approved, Jan. 18, 1836,

iri force Jan. *^^ ACT to lay out a State Road therein named,

15j 1836.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That James Giffbrd,

Commisrioneis. Daniel S. Haight, and Josiah C. Goodhue, are hereby appoin-
ted commissioners, to view, survey and locate el road from

Meacham's Grove in Cook county, to Galena in Jo Daviess
county.

Sec. 2. The said commissioners, or a majority of them, When and
shall, on the first Monday in May 1835, or as soon thereaf- "'^^^'^ '° '"^^^•
ter as may be, assemble at Meacham's Grove in said Cook
county, and after being duly sworn by some justice of the
peace, faithfully to observe the provisions of this act, shall
proceed to view and locate said road, making Elgin on Fox
river, in Cook county, Belvidere on Square Prairie, in the
county of La Salle, and Midway at the ford on Rock river,
in the county of Jo Daviess, points on the said road, and
shall fix the said road on the most advantages ground, for a
permanent road, having reference to said points; and the
said commissioners shall, on or before the first day of the
month of November next, make, or cause to be made,
true surveys and maps of said road, signed by them, or a
majority of them, to be lodged with each of the county
commissioners' courts, in the counties respectively through
which the said road passes; which road when laid out shall
be deemed and considered a public state road; and the
county commissioners' courts of the counties through which
the said is located, shall cause the same to be opened tour
poles wide and to be worked and kept in repair as other
public roads are: Provided however^ That the commissioners Compensation
appointed by the first section of this act, shall not receive
from the State Treasury, nor from the treasuries of the
counties through which the said road passes, any compen-
sation for their services i-endered, about the laying out and
locating of the said road.

Sec. 3. That David W. Whitney, Stephen Mack, and Commissloneis
John P. Bradstreet, be, and they are hereby appointed com- to locate a cer-

•/ «/ i i tcLm ottiGi* ro3,cl

missioners, to view and locate a state road from Belvidere

on Square Prairie, in La Salle county, to the mouth of the

Peketonica river, so as to best accommodate the inhabitants

between those points. The said commissioners, or a major-

ity of them, shall meet at Belvidere aforesaid, on the first „,heie to meet.

Monday of May, or as soon thereafter as may be, and after

having been duly sworn by some justice of the peace, shall

proceed to locate said road, and make return as is provided

by the second section of this act; Provided always^ That the

said last named commissioners shall not be entitled to any Compensation.

compensation, either from the state, or counties through

which the said last mentioned road may pass, for the expense

oi locating the said road.

Approved, Jan. l5, 1836.
28

218

111 force, Jan. AJV ACT to change a part of the State Road between Peoria
^^' ^^-^^^ and Galena^ and Havana and Macomb.

appointed to lo- ^^^' ^' ^^ ^^ enacted by the people of the State of Illinois,
cate road. represented in the General Jisscmbly^ That Simon Reed,
Roland Thomas, and John Bristol, be, and they are hereby
appointed commissioners, to view and re-locate that part of the
state road between Peoria and Galena, which lies between
the north line of township nine north, and Joseph B. Mer-
edith's in Peoria county.
When and ^j.^. 2. The said commissioners shall meet at the house

■ of Linus Scovill, on the first Monday of May next, or with-
in sixty days thereafter; and after being duly sworn, by
some justice of the peace, faithfully and impartially to dis-
charge the duties assigned them by this act, shall proceed
to view and re-locate said road, keeping in view the short-
ness of the route and the eligibility of the ground; doing
as little injury to private property as the public good will
permit.
Report. ^•E.c. 3. The said commissioners, so soon as they shall

have completed said M^ork, shall make a report thereof under
their hands, and return the same to the county commission-
ers' court of Peoria county.
Compensation. Sec. 4. When the said report shall be filed in the office
of the county commissioners' clerk as aforesaid, the county
commissioners may allow the commissioners appointed by
this act, such compensation as to them shall appear reason-
able and just.
Road vacated. Sec. 5. That SO much of the said road as may be changed

by the provisions of this act, is hereby vacated.
Commissioners Sec. G. That Hugh Lamaster, Thomas W. Clark, and
inFuhon ^°^' Henry David, are appointed commissioners to review, mark
and locate so much of the state road from Havana to
Macomb, as lies in the county of Fulton, and to relocate
a part of the same, beginning at the mouth of Spoon river,
and proceed on the present route, until it intersects the east
and west line of section sixteen, in township four north,
range three east; thence to the north east corner of the
south east quarter of section seventeen; thence w^est through
the centre of section seventeen and eighteen, as near as
practicable, to the present location of said road, doing as
little injury to private property, as the public good will
permit.
When and Sec. 7. The Said commissioners, or a majority of them,

where to meet. gj^^^U ^^^^ at the mouth of Spoon rivcr, on some day after
the first Monday in April next; and after being duly sworn
before some justice of the peace, faithfully to view and
locate said road, shall proceed to execute the duties requi-
red by this act.

'219

Sec. 8. As soon as practicable after said road is located,
said commissioners, or a majority of them, shall make out To report.
a report, accompanied by a map of said road, noting the
course and distance from point to point, with such other
remarks as they may deem necessary and proper; and trans-
mit the same to the clerk of Fulton county commissioners'
court, which shall be filed and preserved in his office.

Sec. 9. When said road shall be located, it shall be a
state road, and opened and kept in repair as other state
roads; and so much of the present road as shall be changed
by the relocation of said road, shall be vacated.

Sec. 10. Said commissioners shall be allowed a reasona-
ble compensation for their services, to be paid out of the Compensation.
county tretxsury of said county.

Approved, Jan. 18, 1836.

AN ACT to lay out a State Road from the Wahash -Rirrr in force 14th
to the JVational Road. Jan., 183G.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Jacob Harlan, <^'"mmissjoners
James B. Anderson, and Royal A. Nott, are hereby ap-
pointed commissioners, to mark and lay out a road from the
VYabash river at Darwin, to the seat of justice of Clark
county, doing as little damage to private property, as is con-
sistent with the public good.

Sec % Said commissioners shall proceed to discharge When to com-
the duties assigned them, on some day after the 27th day "'snce said
February 183(j, and shall make a full report of the surveys, "°^ '
courses and distances of said road, to the county commis-
sioners' court of Clark county. Said road shall be four
rods wide, and when so laid out, is hereby declared a state
road, to be kept in repair as other state roads are.

Sec. 3. The county commissioners' court of Clark coun- W. B. Arche.-
ty, are hereby required to pay over to William B. Archer, ^''thorised to
the proceeds of the sales of all the county lots in the town LTneyorsak"
of Darwin, that may be sold hereafter; and said Archer load.
shall expend the same in improving said road between
Darwin and the Bluff, south of McClure's.

Sec 4. Said Archer shall also, out of the money receiv-
ed from the Vermillion Saline lands, cause to be built, a
substantial wooden bridge across Big creek, where the same
is now crossed by the Vincennes and Chicago road, and
also a bridge of the same kind across Mill creek, where

220

said road shall cross, and the balance of said appropriation
shall be expended under the direction of said Archer, in
improving that part of said road mentioned in the third
section of this act.

To report. ^^^: ^' Said Archer shall from time to time, make to the

commissioners' court of said county, a full report of all his
proceedings under this act: Provided, That said William
j3. Archer shall, before he enters upon the discharge of the

Give bond. ^"^^^^ enjoincd upon him by this act, enter into bond, with
such security as shall be approved of by the county com-
missioners' of Clark county, payable to said commissioners,
and their successors in office, for the use of said county, in
the penal sum of two thousand dollars, conditioned for-the
faithful performance of said duties.

Approved, Jan. l4, 1836.

In force Jan. AJY JICT to locatc a State Road from Liberty to Tremont,
16,^,1835. ' ^

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That Benjamin Briggs,
Josiah L. James, and Nathan Dillon, be, and they are

Comraissioners hereby appointed commissioners, to view, mark and locate
a state rocid, from Liberty in Tazewell county, to Tremont,
having a due regard in said location, to a direct line and
the convenience of the citizens.

When and ^%c. 2. Said commissioners shall meet at Tremont on

■ the first Monday of March next, or within three months
thereafter at the town of Tremont; and being fii'st duly
sworn before sojne justice of the peace, faithfully to dis-
charge the duties required of them by this act, shall proceed
to view, mark and locate said road; and as soon as practi-
map. ^^jjjg thereafter, cause to be made a map of the survey of
said road certified by them, and deliver a copy thereof to
the clerk of the Tazewell county commissioners' court,
who shall file the same in his office; and tlie said road thus
laid out, shall be, and is hereby declared a state road, and
shall be opened and kept in repair as other state roads.
Sec. 3. Said commissioners shall receive for their servi-

Compensation. ^cs a reasonable compensation, to be paid out of the county
treasury of Tazewell county.

dedared'T' ^^^' ^' '^^^^* ^^^ ^'^^^ commencing at the Pekin road,

state road. and at the centre of section twenty-seven, town twenty-
four, range four; and running due north, to the centre of
section fifteen, in the same town and range; and from

221

thence due east one half mile, shall be established and con-
firmed a state road, and worked and kept in repair as other
state roads are.

Approved, Jan. 16, 1836.

AN ACT to improve a certain road in Edgar county. J" ^lo'^f^"'^'^""

165 1836.

Sec. 1. Beit enacted by the people of the State oj Illinois,
represented in the General Assembly, That the county com-
missioners' court of Edgar county shall, and it is hereby
made their duty, to expend so much of the donation grow-
ing out of an act of 1829, entitled "an act providing for
the sale of the Vei'milion Saline Reserve," and appropria-
ting so much of the avails thereof, as will bridge or cause-
way the sloughs on the Springfield road in Edgar county,
between Paris in said county, and Nathaniel Wayne's, so as
to make said road convenient and safe for the accommoda-
tion of travellers.

Approved, Jan. 16, 1836.

AJV ACT to locate a State Road betzoecn Mount Carmel m In force 9th
Wabash county, and Maysville in Clay county. ^"'

Sec 1. Be it enacted by the people of the State 0/ 7/Zmow, Commissioners
represented in the General Assembly, That John T. Lawler, '^^'P"^'^ ^
and Alexander Phillips of the county of White, and Hugh
Stewart of the county of Wayne, be, and- they are hereby
appointed commissioners, to survey, view and permanently
locate and mark out a state road from Mount Carmel in
Wabash county; to Maysville in Clay county, to cross the
little Wabash river, at the most eligible point, below the
mouth of the Muddy branch of the said river.

Sec. 2. The said commissioners shall meet at the court When and
house in Mount Carmel on the second Tuesday in May next, "^ eietomeet.
or within sixty days thereafter, and having first taking an -p^ (^^ sworn,
oath or affirmation before some justice of the peace, faith-
fully and impartially to execute and perform the duties im-
posed upon them by this act, shall proceed to examine and
sui'vey the route of the said road and shall upon such ex-
amination and survey, locate the said road, upon the most

2-22

eligible route for the same, having due regard to the ground
for such location, that shall admit of the cheapest and most
permanent construction of the said road, and of the bridges
and other structures necessary to be erected thereupon.

Authorised to Sec. 3. That the said commissioners be, and they are

employ survey- hereby authorized to employ a competent and skilful survey-

°^^- or, to aid them in the discharge of their duties, which said

surveyor before entering upon his duties, shall also take an

Shall be sworn. Qath or affirmation, faithfully, skilfully and impartially, to
execute all surveys and examinations which the said com-
missioners shall direct him to make on any proposed route
for the said road; and to make a just and true report of such

Make report survey and examination to them, and the better to enable
the said surveyor, to make such report, the chain carriers
and other assistants are hereby required, to take an oath or
affirmation, to perform their respective duties, faithfully
and impartially.

To put up posts. Sec. 4. On the final location of the said road the said
commissioners shall cause the line thereof to be distinctly
marked out, and shall cause posts to be permanently fixed
in the ground at the end of each and every mile, marked
with the number of miles from Mount Carmel; and shall

make out plat causc a description and plat of the route of the said road to
be made out, and a copy of which said description and plat
shall be returned with the report of the commissioners to
the clerks of the commissioners' court in each and every
county, through which said road shall run.

Declared a Sec. 5. The said road when so located, marked and laid

out, shall be deemed and considered a state road, and the
respective counties through which the same shall run, shall
appoint supervisors, to open and work, and keep the same in
repair, as other state roads now are, or hereafter may be
required by law, to be opened, worked and kept in repair,

Commissioners ^j^^ ^[-j^, g^^j^j commissioners shall make out a report, signed

to report and , , . . ^ , /• n ,i • i- i i

where report to by at least a majority oi them, ot all then' proceedings nad
be filed. in relation to this act; a copy of which said report, together

with a bill of the expences of the survey and location, and
a copy of the description and plat of the said road, shall
be filed with the clerk of the commissioners court of each
county through which the road shall pass, which said report,
description and plat, the said clerks are hereby required to
record in their respective offices, and any omission on the
part of the said clerks to record the same, shall in nowise
exonorate the county or counties, in which said omission
shall take place, from opening, working or keeping the said
road in repair.

Sec. 6. The commissioners shall be entitled to receive
one dollar and fifty cents per day, for each and every day

state road

223

they may be actually engaged in the discharge of their du-*
ties, and the surveyor and assistants shall be paid such rea-
sonable compensation, as the said commissioners shall deem
reasonable and just, and the expences accruing under the
provisions of this act shall be paid in the following mannner
to wit: one hnlf of the whole amount shall be paid by the
county commissioners court of the county of Wabash, and
the residue shall be paid in equal sums, by each of the oth-
er counties through which said road shall run.

Sec. 7. It shall and may be lawful for any individual or o'^saW road!
association of individuals to open and work the said road or
any part thereof and to construct any bridges, causeways,
or other structures on the said road, for the public use, and
such work, bridges and other structures shall be protected
from injury, in the same manner as if the same had been
made, or erected by the supervisors of the said road.

Sec. 8. That when the said road, or any part thereof shall
be open and fit for use, and which said part so opened and
fit for use, shall supersede the whole or any portion of the for-
mer state road, heretofore laid out between Mount Carmel
and Maysville it shall be lawful for the county commissioners
court of the respective counties, in which said new road shall
supersede the former road as aforesaid, to pass an order to va-
cate the said former road, or such part thereof a shall have
been so superseded.

Sec. 9. This act to be in force from and after its passage.

Approved, Jan 9. 1836.

' Inforcp, Jan.

1 o -I ooc

AJV ACT to locate a State Road therein named. '

Sec. 1. Beit enacted by the people of the State of Illinois, \ppamtment
represented in the General Assembly, That James Ballard, of commission-
John F. Youngkin, and WilHam Eldridge, be, and they are ^'^^*-
hereby appointed commissioners to view, locate, and lay out
a state road from the Bonpas bridge in section twenty-two,
township one north, range fourteen west, in Edwards county
to Bedell's mills, on the great Wabash river, in Wabash county.

Sec. 2. The said commissioners shall meet at the house ^ef,'to7neet
of Samuel Mundy, in Wabash county, on the first Monday
in February next, or within twenty days thereafter, and
having taken an oath or affirmation faithfully, impartially, To be sworn.
and diligently to perform the duties imposed upon them by
this act, shall proceed to view, locate, and lay out a road
between the points named in the first section of this act, on

224

Shall report to
county com-
missioners of
Wabash coun-
ty-

the most eligible route, having due regard to the conven-
ience of the citizens, and doing as little injury to private
property as practicable; and shall mark out the road, when
so located by them, by distinct marks in the timber land,
and by substantial and durable posts set up in the prairies
at suitable intervals on the route thereof.

Sec. 3. The said commissioners shall make out and re-
turn to the clerk of the county commissioners' court of Wa-
bash county a full report of their proceedings had in pur-
suance of this act, designating the route of the said road;
which report shall be filed and recorded by the said clerk,
and the said road, when so laid out, located, and marked,
shall be considered a state road, and the same shall be open-
ed, worked, and kept in repair in the same manner as other
state roads are opened, worked, and kept in repair.
Compensation Sec. 4. The said commissioners' shall be entitled to re-
ceive the sum of two dollars per day for each day's services
while employed in laying out said road, which, with the oth-
er expences attending the same, shall be paid by the county
commissioners' court of Wabash county.

Approved, Jan. 13, 1836.

16 '^TsSG.'^"' *ANACT to locate a State Road from RushviUe to Warsaw.

Commissioners
appointed.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That Capt. Daniel
Matheny, of Schuyler county, and William Abernathy, of
Hancock county, be, and they are hereby appointed com-
missioners, to view, mark, and locate, a state road, to com-
mence at Rushville, in Schuyler county, thence on the near-
est and best route, to Warsaw, in Hancock county.

Sec. 2. The said commissioners shall meet at Rush-
ville, on the first Monday in the month of June next, or
within three months thereafter, and after being sworn by
Commiss-oners somc justice of the pcacc, faithfully to discharge the duties
required by this act, shall proceed to view, mark, and locate
said road, from point to point, as directed by the first sec-
tion of this act, upon the nearest and best route, avoiding
as much as practicable, any injury to farms, improvements,
and private property, on said route, and make, and return
to the county commissioners' court, of each county through
which said road shall pass, a certified report of said road,
describing, as nearly as practicable, the route, and distance
of said road, which shall be filed with the several clerks o

When and
where to meet

to be sworn.

To report,

*225

the county commissioners' courts through which said road
shall pass, within one month after said road is, or shall have
been located: and said road, when so located, shall be
deemed a state road, and kept in repair as other state roads
are.

Sec. 3. The county commissioners' courts may, of each Compeusation.
county through which said road may pass, in their discretion,
allow to said commissioners, appointed under this act, a sum
not exceeding one dollar and tifty cents, per day. for each
day necessarily employed by them, in the discharge of the
duties assigned them by this act, to be paid out of the coun-
ty treasuries, of each county through which said road shall
be located, in proportion to the extent of said road therein.

Sec. 4. The county commissioners' courts, of the coun- jyij^y|jQg„j.ygy..
ties through which said road may pass, may, if they think ed.
proper, cause said road commissioners, appointed by this
act, to have said road surveyed, and plats thereof to be liled
in the clerk's office of the county commissioners of Schuy-
ler county, and Hancock county, the expense thereof, to be
paid in the manner and proportion, as provided by the third
section of this act.

Approved, Jan. 16, 1836.

AJY act to locate a State Road therein named, ^3 1335

Sec. 1. Be it enacted by the people of the State of Illinois, \ct repealed.
represented in the General Assembly, That the act, approved
the 24th of January, 1835, appointing commissioners to lo-
cate a state road therein named, be, and the same is hereby-
declared to be in full force and effect; Provided, The said
commissioners shall locate the same within one year from
the passage of this act.

Sec % That James Riggin and William Welch, of the „ . .
county of St. Clair, and Gershom Flagg and Samuel Seg- appointed to lo-
bole, of the county of Madison, be, and they are hereby cateioad.
appointed commissioners, to view, mark, and locate a
road from Lebanon to Lower Alton, on the Mississippi river.

Sec. 3. The said commissioners, or any two of them. Where and
shall meet in the town of Lebanon, within one year from ^'^^'^ '° '"^®''
the passage of this act; and shall, before entering on the
duties assigned them, take an^oath, before some justice ofTobcEwom.
the pe ice of the county in which they meet, faithfully and
impartially to perform the duties assigned them by this act,
and proceed to mark, and locate said road, on the nearest
and most elegible route. 29

To make re-
port.

Appoint super-
Yiseis.

Compensation
of commission'

ers.

226

Sec. 4. The said commissioners shall cause a M/e'repOii^
of said road, signed by them, to be lodged with each of the
county commissioners' courts in the counties through which
it may pass; which road, when laid out as aforesaid, shall
be deemed a public state read ; and the county commission-
ers of the counties through which said road may be located,
shall appoint supervisors, and cause it to be opened, and
kept in repair, as other public roads: and the said commis-
sioners shall receive out of the treasury of the county in
which they reside, one dollar per day, for the aforesaid serv-
ices.

Approved, Jan. 13, 1836.-

In force, Jan. AJV ACT declaring the Road l^ing in Edgar County^ between,
IQ, 1836. j^ Forster's and H. G. Smith's, a State Road.

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That the road inter-
secting the state road, at* the house of Arthur Foster, in
Edgar county, running from thence to John Forster's, Rob-
ert Dudley's, Michael O'Harris', James Griffin's, Ashford
Mapiers', Thomas Hicklin's, Emanuel Pence's Mr. Moses',
and to Emanuel Jinks', so as to strike the line dividing the
lands of said Jinks and Charles Smith, and thentte to inter-
sect the Vandalia road, at Henry G. Smith's, be, and the
same is hereby declared a state road, as now travelled, and
shall be opened and kept in good repair, as other state roads
are.

Approved, Jaai. 12, 1836.

In force, Jan.
18, 1836.

A J\^ ACT concerning the transcribing certain Records,

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That the county com-
missioners' courts, of any of the counties in the Military
Tract, when they shall appoint a commissioner to transcribe
certain records, as provided by an act to provide for trans-
cribing certain records therein named, approved February
12th, 1838, are hereby authorised and empowered to allow
said commissioners, such reasonable compensation, in addi-

227

tion to the compensation authorised by the above recited
act, not exceeding seventy-five cents for each deed,'or title
paper, so transcribed, as they may deem proper.

Approved, Jan. 16, 1836.

AN ACT declaratory of the Law in relation to the Road Tax. j^ ^^^^

Whereas, It is represented to the present General Assem- Tax on lands
biy, that several of the clerks of the county commission- i'> counties

1 . , . , . . c j.\.- i. i. 4. where a tax has

ers' courts, have required citizens oi this state to pay a ^een levied.
road tax upon lands situated in counties where a road tax
has been levied, because, in the counties where such cit-
izens reside, no road tax has been levied, notwithstand-
ing the law requires those clerks to mark the road tax
"paid," upon all lands which are listed for taxation in
other counties, whether a road tax upon land has been
levied in such other counties, or not; Therefore,
iSEC. 1. Be it enacted by the people of the State of Illinois, ^^^^ of lands
represented in the General Assembly, That if any land listed jj^^j^j ^jji^h it
for taxation, in any county in which it is not situated, shall is not situated.
be advertised and sold, in the county in which it is situated,
for any road or county tax thereon, such sale shall be deem-
ed to be void; and it shall be the duty of the clerk who
sold the same, or his successor in office, on ascertaining the
fact, that such land was previously listed in some other
county for taxation, to cancel the sale thereof; and if the
purchase money still remains in his hands, to refund the
same to the person who purchased the land at the tax sale.
If the money shall have been paid into the county treasury, ^^^j^JJ^Y
the clerk shall issue an order upon the county treasurer, who
shall pay the same without delay, out of any money in the
treasury.

Sec. 2. It shall be the duty of the secretary of state, to p^^^ ^^ ^^^^_^_
cause this act to be publishedf, in the newspaper printed by tary of state.
the pijblic printer, immediately upon its passage.

Approved, Jan. 16, 1836.

2-28

Regulating pi o-
cess, suits, &.C

A.iV ACT, 'supplemental to an act, changing the terms vf
holding the Circuit Courts, in the third Judicial Circuit,
passed at the present session of the General Assembly.

Sf.c. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That all pi'ocess, suits,
and recognizances, which have been, or may be issued, or
entered into, and made returnable to the courts, as at pres-
ent arranged, shall be taken, and considered to be returna-
ble to the terms fixed by the act to which this is a supple-
ment, and shall be as valid as if ma e returnable to the
terms fixed by the act to which this is a supplement.

Approved, Jan. 16, 1836.

In force Jaq.
14. 1836.

County com-
missioners to
enclose public
square*

A JV ACT concerning the Public Scjuare in the town
of Ja cksonv ille.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General JissembJy, That the county commis-
sioners' court of Morgan county, is hereby authorised to
cause, or permit the public square, in the town of Jackson-
ville, to be enclosed, for the protection and preservation
of the public buildings erected there, or by running a fence
across the state road passing through said square; Provided,
That one hundred feet shall be left open, between the lots
on the square and the fence, as a public highway; and the
state roads passing through the said square, are hereby
changed, so as to pass upon the space required to be left
open aforesaid.

Approved, Jan. 16, 1836,

In force Dec. "^^ ACT concerning the sale of certain School Lands, situated
8, 1835. in the County of Tazewell.

When maybe Sec. 1. Be it enacted by the people of the State of Illinois,
sold. represented in the General Assembly, That whenever congres-

sional townships twenty-eight north, range two west, and of
twenty five north, range two west, of the third principal
meridian, in the county of Tazewell, shall each contain ten
resident freeholders therein, such freeholders, together with

2i9

the legal voters residing in the township, may present a pe-
tition to the school commissioner of the county, for a sale
of the sixteenth section therein; who shall, upon being satis-
fied that the petition has been signed bj all the freeholders
and legal voters therein, by the affidavit of two of such vo-
ters, present the said petition to the county commissioners'
court of the county, at the next term after the petition shall
have been presented to him, as aforesaid; and if the said
court shall be of opinion that the sixteenth section in said
township, ought to be sold, pursuant to the wish of the
freeholders and voters aforesaid, they shall make an order,
directing the school commissioners to make sale of the same:
and such commissioner shall, thereupon, advertise and sell
the said sections, in the manner, and upon the terms, pro-
vided for the sale of sections sixteen, in other townships.

This bill having been laid before the Council of Revis-
ion, and ten days not having intervened, before the adjourn-
ment of the General Assembly; and the said bill not having
been returned with the objections of the Council, on the.
first day of the present session of the General Assembly,
the said bill has become a law.

Given under my hand, this 8th day of December, 1835.

A. P. FIELD,
Secretary of State.

AJV tdCT making a partial Appropriation. In hxce, Ja\y^

■ 3j 1836.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the Genercd Assembly, That the auditor of
public accounts be, and he is hereby required to draw his
warrant on the treasury, for the sum of one hundred dollars
to each member of the General Assembly; and a like war-
rant to the speaker of each house, the secretary of the Sen-
ate, and the clerk of the House of Representatives, and as-
sistant clerks of each house; to each of tie engrossing
tvnd enrolling clerks, and door keepers of both houses.

Appi^oyED, Jan. 2, 1836;

230

10^'fti'-^'''' -^^ '^^^ to provide for the sale of the land that has been se-

19, 1835.

To be held by
jcliool commis-

Icctcdfor the use of Schools in lieu of the sixteenth section^ in
fractional township, thirteen south, range three west, in Union
county.

Sec. 1. Be it enacted by the people of the State of Illinois rep-
resented in the General Assembly, That any lands which have
be:;n selected in lieu of the sixteenth section in fractional
township thirteen south, of range three west in Union coun-
ty, may be sold by the school commissioner, in the same
manner now prescribed by law, upon the petition of the
majority of the inhabitant voters of said fractional town-
ship, for the benefit of tlie said inhabitants, any law to the
contrary notwithstanding. This law to take effect from
and after its passage.

Appro VKD, Dec. 19, 1835.

iQ^i'fio' '^^"' "^-^ -fiCT concerning the redemption of Lands sold for taxes.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That when any person
shall be permitted to redeem any land sold for taxes, as heir
or devisee, under the provisions of any law of this state al-
lowing infants to redeem land sold for taxes, it shall be the
duty of the clerk or auditor permitting such redemption,
to make a copy of the evidence produced, and certify such
copy, and file and preserve the same; and a certified copy
of such copy shall be evidence of the existence of the orig-
inal; and the person redeeming shall be permitted to retain
the original evidence,

AppROTED, Jan. 13, 1 836.

JFiifauts re-
/Jeeining land
syjd for laxes.

In force ./an.
9, 1836.

AN ACT making compensation to the person tJierein named,

Sec.'iT. Be it enacted by the pcopole of the State of Illinois,
represented in the General Assembly, That the Auditor be, and
he is hereby directed to issue his warrant in favor of B. W.
Brooks, for the sum of seventy-five dollars in full for sur-
veying the road leading from Vandalia to the town of Amer-
ica.

Approved, Jan. 9, 1 836.

An act concernins, the Public Revenue, In force Jatf.

° 15, 1836.

Sec. 1. Be it enacted by the people of the State of Illinois^ p t f v •'
represented in the General Assembly^ That so much of the ue lawrepeal--
several revenue laws of this state as require the state treas- ed.
urer to pay the county commissioners of each of the coun-
ties of Pike, Adams, and Schuyler, for the use of said qoun-
ties, any sum or sums of money, be repealed; and hereafter
the sheriffs of those counties shall pay into their respective
county treasuries the whole amount of the tax collected by
them on lands lying witliin the said counties, at the same
time, and in the same manner as is provided by law for alt
the counties in this state except the counties on the MiMta-
ry Bounty Tract.

Approved, Jan. 15, 1836.

AN ACT for the benefit of the inhabitants of fractional ran^e j" ^'^^ J*"*'
eleven^ in White County^* ' ^

Sec. 1. Be it enacted by tlie people of the State of Illinois^
represented in the General Assembly^ That hereafter the town-
ships in fractional range eleven, in White county, shall be
attached for all school purposes to the adjacent townships
in fractional range fourteen in said county.

Approved, Jan. 13, 1836.

AN ACT to conjirm the Survey and Plat of the (own f^fi^^f„ceJa.n

Clayton. 13, 1836.

Whereas, it is represented to this General Assembly, by the Preambip.
proprietors and owners of lots in the town of Clayton,
Adams county and state of llhnois, that after the said
town was surveyed, and a plat thereof was made out and
recorded in the recorder's office of the said county, and
before any lots therein were sold, a new survey and plat
of said town (on a more liberal and enlarged plan) was
made out, which new plat is now recorded in the said re-
corder's office: and whereas it is further represented as
aforesaid, that the lots in said town were numbered and
sold according to the said new survey and plat. There-
fore.

if'h-at plat an- gj^c. L' Be it enacted by the people of the l^tcde of Illinois,
"onfirined. '^ ^' represented in the General Assembly^ That the said first named
plat and survey be annulled and held for nought, and the
said new plat and surrey be, and is hereby declared as valid
and effectual to all intents and purposes as though no other
survey and plat thereof had ever been made, and the said
new plat had been recorded before the sale of lots therein.

Approved, Jan. 13, 1836*

In force Jan. Jl]^ ACT for the protection of Stock dgairist Castor Beans.
l6j 1836.

fciiitivation of ^^c. 1. Be it enacted by the people of the State of lllihois,
iastor beans, represented in the General Assembly, That no person or persons
shall hereafter be permitted to plant and cultivate castor
beans, without securing the same with as good and sufficient a
fence or fences as is generally put up, and used, for the pro-
tection of grain crops in the neighborhood.

Sec. 2. That all persons violating this act shall be fined
j^inej in the sum of twenty-five dollars, to be sued for, and recov-

eSred, by ally person, before any justice of the peace within
the proper county, in an action of debt, the one half where-
of shall go to the person so suing, the other half into the
treasury of the county where such penalty is recovered;
nothing herein contained shall in any wise prejudice the
owner or owners of animals which may be injured by the
negligence of any of the persons aforesaid from pecovering
adequate damages for such injury.

This act to take effect from and after its passage.

Approved, Jan. 16, 1836.

R° ift3.^' ^"^ ACT to authorise Aurelia Hotchkiss to sell or exchange a

certain tract of Land.

8} 1835.

Sec. 1. Be it enacted by the people of the State of Illinois,
K 1- TT u represented in the General Assembly. That Aurelia Hotchkiss

AuieliaHotch- {. -^^ , i i ■ i i i • j j

kiss authorised 01 JLdgar county, be, and she is hereby authorised and em-
toseiiiands. powered as guardian for the infant heirs of Horace Hotch-
kiss deceased to sell all the right title and interest of said
heirs in and to the west half of south east quarter of sec-
tion twenty-eight, in township thirteen north range thirteen

^3^

west in the district of land sold at Palestine in this state,
and which descended to the Said infant heirs, or, she may
in her discretion exchange their interest therein for other
lands.

Sec. 2. That the said Aurelia Hotchkiss upon filing bond -pg gj^,^ bond;
with the judge of probate of Edgar county with one or
more sufficient securities to be approved by said judge for
the use of said infant heits in such sum as the said judge of
probate shall deem sufficient, conditioned to faithfully ac-
count for, and apply the said proceeds of the sale of said
lands of said infants, investing the same in the purchase of
Other real estate for their benefit, under the direction of
said judge of probate of said county of Edgar, and. Provi-
ded also, if the said Aurelia Hotchkiss shall exchange the
said land as she is herein authorised to do, then it shall not
be necessary for her to give bond as required in the second
section of this act.

Sec. 3. And be it further enacted, that the said Aurelia TtJ make deed.
Hotchkiss upon filing such bond as aforesaid, is hereby au-
thorised and empowered to make in case of the sale, or
exchange of the said lands for other lands a good and suffi-
cient warranty deed or deeds therefor, which shall vest the
title thereto in the purchaser or person with whom she may
make such sale or exchange as if executed by said heirs
when of lawful age.

Sec. 4. And the said Aurelia Hotchkiss is farther i*equir- Deed to be ta-
ed, in case of selling said land and the purchasing of other ^^'''''^.f^™* "^
lands or the exchanging thereof for other lands, to take a
title in the name of the infant heirs with the proper coven-
ants of title and warranty in fee simple for their use and
benefit, and said lands so purchased shall be Vested absolute-
ly in said heirs, subject however, to the widow's dower in
the manner as the lands now owned by said heirs are, pro-
vided the widow relinquishes her dower in the land author*
ised to be sold by this act.

This act to be in force from its passage*

This bill having laid before the council of revision and
ten days not having intervened, before the adjournment of
the general assembly, and the said bill not having been
returned, with the objections of the council on the first day
of the present session of the general assembly, the said bill
has become a law.

Given under my hand this 8th day of December, 1833.

A. P. FIELD.
Secretary of State,
30

234

In force Jau AN ACT for the benefit of the infant heirs of James Evant
^♦^^^^- Sen''r.j deceased.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That William M.
Evans of Morgan county, be, and he is hereby authorised
to sell the north west quarter of the south east quarter of
section number seventeen, in township number sixteeen,
north of range number eleven west of the third principal
meridian, which was lately the property of James Evans,
Sen'r, deceased, on such terms as the said Wm. M. Evans,
may think the most profitable and advantageous to the
heirs of the said James Evans Sen'r. deceased.

Sec. 2. That previous to the sale of said land, the said
Wm. W. Evans, shall give notice in some newspaper prin-
ted in tliis state, of the time and place said land shall be
offered for sale, at least four weeks before the day of said
sale.

Sec. 3. That whenever the said William M. Evans, shall
obtain the money by the sale of said land as aforesaid, it
shall be his duty to purchase other land in the names of
the several heirs of the said James Evans Sen'r., deceased.

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

' This bill having laid before the Council of Revision, ten
days, (Sundays excepted,) and the General Assembly being
in session, it has become a law this second day of January
1836.

A. P. FIELD, Secretary of State,

In force Dec. ~ -'^-^ -4CT for the benefit of the infant heirs of Robert jR
8, 1836, Murphy, late of Perry County, deceased.

Sec. I. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That whenever a guar-
Guaidjan an- dian shall be appointed by the Probate court of the county
thorized to sell ^f Perry, for the infant heirs of Robert B. Murphy, late of
said county, deceased, to wit: Mary, Sarah, Samuel B. and
Ellen Murphy, and shall have filed with the said court, a
bond with good and sufficient securities, to be approved
of by said court, in such sum as may be deemed sufficient
by said court, conditioned for the faithful discharge of the
duties enjoined by this act; and that as guardian of the
said infant heirs, he will well and trulv vest the proceeds of

*i35

the sale of the lands of which the said Robert B. Murphy
died seized and possessed and occupied by him as a plan-
tation, with the lands attached thereto, lying and being in
Perry county, in other real estate unimproved, in some
land district in this state, making the best selection for said
heirs; said guardian shall b<., and he is hereby empowered
to sell and convey by sufficient deed or deeds, all the lands
of the said Robert B. Murphy deceased, and which have
descended to the said infants as his heirs at law, known as
his plantation, and the lands attached thereto, for the use
of the same in Perry county aforesaid, at private sale, upon
such terms as to the said guardian may seem most advan-
tageous for the said heirs.

Sec. 2. So soon as the money is realized from said sales, Proce«ds to be
it shall be the duty of the said guardian, to vest the pro- "Jheffands.
ceeds thereof in other unimproved lands, at the price
demanded for the same by the United States, in some one
or more land districts of this state, having due regard to
the quality of said land, advantages of situation, and proba-
ble prospective value thereof; which said land shall be
purchased by said guardian for said heirs, in their names,
and as tenants in common.

Sec. 3. Should the said guardian have funds in his S^n^ius of per-
hands, arising from the sale of the personal estate of the ^'^ appuld,
said Robert B. Murphy deceased, more than sufficient to
educate and maintain the said infants, it shall be his dutyto
vest such overplus in unimproved lands at government
price, in the manner provided in the second section of this
act.

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

This bill having been laid before the Council of Revision,
and ten days not having intervened before the adjournment
of the General Assembly, and the said bill not having been
returned with the objections of the Council, on the first
day of the present session of the General Assembly, the
same bill has become a law.

Given under my hand this 8th day of December,

A. P. FIELD,

Secretary of State.

236

In fbree Jan
IG, 1836.

Pvpamble.

Payment o^
rent.

Deduction for
Q^her persons.

AM ACT for the relief of Timothy Guard and othei's.

Whereas, Timothy Guard has been engaged in the
manufacture of salt in this state, that necessary article,
and persevered under circumstances which would have
appalled and relaxed the co'jrage of almost any man, and
has sustained great losses in trying the experiment to makg
sajt ty burning storie cpal: Therefore — r

^EO. 1. Be it enacted by the people of the State of Illinois^
representad in the General Assembly^ That said Timothy
Guard be, and he is hereby released from the payment of
\i\^ rent in part, viz: that he be only required to pay the
sum of two hundred and fifty dollars per annum, from the
fourth day of December eighteen hundred and thirty-four,
up to the expiration of liis present lease, viz: December
iburth, eighteen hundred and forty; and the accounting
officers will make the above deduction, any laM^, and his
contract to the contrary notwithstanding.

Sec. 2. That Hampton Weed, the occupier of the Ipt
formerly leased by Andrew Frazer, be allowed a deduction
of forty^eight dollars per annum, from the fourth of De-
cember eighteen hundred and thirty-four, in addition to
the relief heretofore granted to the lessee of said lot.

And that Benjamin White be allowed a further deduction
of rent upon his lease, pf fifty-six dollars and twenty-five
geijits fronf) the said period.

Approved, Jan. 16, 1836,

In force,
let, 1836.

Jan.

4iV ACT concerning the publication of the Laws and
Journals.

Duty of Secre
tary of State.

Sec, 1, Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the Secretary
of State shall deliver to_ the public printer, within ten days
after the adjournment of each session of the General As-
sembly, copies of all laws and joint resolutions passed by
such General Assembly, and which may be required to be
printed, The secretary of state shall hereafter superintend
the printing of the journals.

Sec. ?. The journal of each house of the General As-
Duty of Secre- sembly, shall hereafter be kept in well bound books. The
*^^y°f 1^"^*^ secretary of the Senate, and clerk of the house of represcn-.
ll'. R.*' " tatives, shj^ll fi^rnish to the pubUc printer, every jriorning

237 ♦

Auring each session of the General Assembly, a copy of the
journal kept by them respectively, of the day preceding
the last day's journal; and the said secretary and clerk
shall, within ten days after the adjournment of each ses-
sion of the General Assembly, deposite the original journal
kept by them as aforesaid with the secretary of state.

Sec. 3. Hereafter the binding of the laws shall be com- Binding.
pleted within seventy-five days from the time the copies
are deliveied to the public printer by the secretary of
ptate.

Sec. 4. If the public printer shall fail to print the laws Pubik Printer
find journals within the time limited by law, or if he shall facing to co«i-
fail to have the laws bound within the time limited, it shall pJ^ ^^aii forfeit

Ui\ DCi cent

be the duty of the secretary of state, to state in the certifi-
cate which he is required to give to such printer, the time
at which such laws and journals should have been printed,
and the time at which the binding should have been com-
pleted, and the time at which the said printing was complex
ted; and the Auditor shall thereupon deduct from the price
of such printing, if the failure be in the printing, or if the
failure be in the binding, deduct from the price of such
binding, six per cent, per week, on the price of the print-
ing or binding, as the case may be, and issue his warrant
on the treasury, for the sum due such printer, after making
the deductions aforesaid.

Apphoved, Jan, 16, 1836,

AN ACT supplemental to "on act, to incorporate the subscri- ir i^sQ. ""
bers to the Bank of the State of Illinois.^''

Sec. 1. Be it enacted by the people of the State of Illinois,
yepresented in the General Assembly, That it may be lawful p^nk to sell
for the State Bank of Illinois, to sell or vend at public capital stock,
auction, the capital stock provided for in the second seC'
tion of the act to which this is a supplement, at any place
er plcices to be designated by saici bank or corporation,
within the limits of this State, having given four Aiveek's Notice.
notice prior to such sale, in at least four of the public
papers printed within this state; and the profits arising Profits,
from such sales, shall belong exclusively to the bank, upon
the conditions as provided in the third and fourth sections
of this act.

Sec. 2. There may be established in addition to the Additional
JDranches ox offices of discount and deposite, now provided ^iwchcs.

♦ 238

for in the 8th section of the act to which this is a supple-
ment, any number not exceeding three, at the option of
said bank.
Additional Sf,c. 3. The corporation shall have fifty days in addition

time. to thg tjjj^g jjQ^ allowed in the 25th section of the act to

which this a supplement, for the redemption of its notes
and evidences of debt, as provided for in the above recited,
section.
Corporation to ^Ec. 4. The corporation or bank, shall not be entitled
tract with the"*** ^^^ benefits or provisions of this act, until the said cor-
(lovemor. poration, in consideration thereof, shall have entered into
contract with the Governor of the state of Illinois, to
redeem the loan, commonly called "the Wiggin's Loan,"
made by authority of the state, on the 29th day of January
A. D. 1831, together with the interest which may hereaf-
ter accrue on said loan.

Approved, Jan. 16, 1836«

16 'iS "^^"' -^-^ ^Cr to. regulate the salary of the Warden of the

Penitentiary *^

Sec. 1, Be it enacted by the people of the State oj Illinois,
represented in the General Assembly^ That hereafter the
Salary. Warden of the Penitentiary, shall receive an annual salary

of six hundred dollars, to be paid out of any money in the
treasury not otherwise appropriated, on the warrant of the
auditor, as other public officers are paid.

Approvedj Jan» 16, 1836.

13 S* "'^'^ '^-'^ ^^^ '« simplify proceedings in the action of

Ejectment,

Sec. 1. Be it enacted by the people of the State of Illinois ,
represented in the General Assembly, That in all cases where
any person has heretofore entered upon and occupied, or
shall hereafter enter upon and occupy, any lands, tene-
ments, or liereditaments within this state, by virtue of any
lease or permit, from the United States or this state, such
person, his, her or their heirs or assigns, may have and
maintain an action of ejectment against any person who
has or may enter upon such lands, tenements, or heredita-

•i39

merits, without the consent of such lessee, his, her, or theif
heirs or assigns; and proof of the right of possession shall
be sufficient to authorise a recovery: Provided^ That such
action shall be commenced within the time now limited by
law.

Approved, Jan. 13, 1836.

AJ^ ACT providing for the sale of Section Sixteen, in !« force, Jan.
Tovinship Three South of Range Eight JVest. ^^' ^^^^'

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly^ That whenever a major-
iiy of the householders and freeholders of township three
south, of range eight west, in the eounty of Monroe^ shall
make known by petition to the school commissioner of said
county, praying the sale of section sixteen in said township,
the school commissioner shall proceed to sell the same, in
the same manner as is provided for the sale of school lands
in the act entitled "an act authorizing the sale of sections
numbered sixteen, or such lands as may be granted in lieu
thereof, to the inhabitants of such townships, for the use of
schools," approved January 22, 1829.

Approved, Jan. 16, 1836.

AN ACT fixing the times of holding the Circuit Courts m In force, Jan,
the several Counties therein namedi ^^» ^^^'

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the times of hold-
ing the circuit courts in the several counties hereinafter
mentioned, shall commence at the times hereinafter specifi-
ed, and shall continue to be held from day to day, Sundays
excepted, until the business shall be disposed of, unless it
shall be necessary to close the term, to enable the judge to
attend in the next county to hold court. In the county of
Coles, on the Wednesdays after the courts are to be held in q^j^^
the county of Jasper; in the county of Champaign, on the Champaign,
second Fridays thereafter; in the county of Vermillion, on Vermilion,
the Mondays thereafter; in the county of Edgar, on the Edgar.
Mondays thereafter; in the county of Clark, on the Mon- Clark,
days thereafter.

Process^ ^jjc. 2. All process, suits, and recognizances, which

have been, or may be entered into, and made returnable to
the aforesaid courts, as at present arranged, shall be taken
and considered to be returnable to the terms fixed by this
actj and all proceedings, either civil or criminal, which are
now pending, shall be taken up and disposed of according
to law, in the same way as if no alteration had been made
in the time of holding such courts.

Acts repealed Sec. 3. All acts, and parts of acts, coming within the
provisions of this act, are hereby repealed.

Approved, Jan. 16, 1836*

tii foi'ce Jan. "^-^ ACT to amend an act entitled ^^an iid regulating tkft
lis I83G. tiiyies of holding the Supreme and Circuit Courts^ and

Jixing the salary of the Circuit Judges^'' approved February

13, 1835.

in WhiW.

Process.

Bec. L Be it enacted by the people of the Stcde of Illinois,
represented in the General Assembly, That the terms of hol-
ding the circuit courts in the county of White, shall com-
mence on the third Mondays in March and September, and
continue to be>held from day to day, Sundays excepted,
until the business shall be disposed of, unless it shall be
necessary to close the term, to enable the judge to attend
in the next county to hold court; any thing in the act to
which this is an amendment, to the contrary notwithstand-
ing* . .

Sec. 2. All process, suits and recognizances, which have

been, or may be issued, or entered into and made returna-
ble or continued to said courts, as at present arranged, or
to any special term thereof, shall be taken and considered
to be returnable to the terms fixed by this act, and shall be
as valid as if made returnable to the terms fixed by this
act.

Sec. 3. This act to be in force from and after its passage*

Approved, Jan. 12, 1835.

AJV ACT to distribute the Revised Laws of 1833*

In foide Jsn.
16, 1836.

Duty of sheriffs Sec. 1. Be it enacted by the people of the State of Illinois ^
represented in the General Assembly, That the sheriffs of the
several counties in this state, shall, upon the publication of

241

this act, deliver to the elerks of the county commissioners'
courts of their respective counties, all of the copies of the
Laws of tliis stale, which have been delivered to them for
sale, under any law of this state.

Sec. 2. The cltjrks of the county commissioners' courts, p^,jy ^^^ ^j^^^^j.^^
shall receive, and receipt for the Laws aforesaid, and shall
safely keep them in their offices, subject to distribution
among the officers entitled to copies according to law.

Sec 3. The secretary of state, shall send, with the j-)jgj|.jj^ujjpj^ ^^
Laws of the present session of the General Assembly, to Laws.
each of the counties organised since 1833, two copies of
the Revised Laws of 1833, and as many more copies, not
exceeding ten to each county, as may not be required for
public use, at the seat of government.

Seo. 4. It shall be lawful for the clerk of any county Laws of 1833,
commissioners' court, of any county, who may have in his ''^^'"'^"''°'^ °^-
possession more copies of the Revised Laws of 1833, than
may be necessary for distribution in his county, to supply
any county not having a sufficient number of copies, for
the use of the officers of the county, upon the application
of the county commissioners of any county not having such
sufficient number as aforesaid.

Approved, Jan. 16, 1836.

AJ\' ACT supplemental to an act making appropriations for In force, Jan
the years 1835 and 1836, approved I3ih February, 1835. ^^^ 18-'^6.

Sec. 1. Be it enacted by the people of the State of Illinois, Apinopiiation
represented in the General Assembly, That the same sums al- tojnembeisand
lowed to the members and officers of the General Assembl}'^, °'"*^^^-''-
by the act to which this is a supplement, be, and the same
is hereby allowed to the several members and officers of the
General Assembly, as their per diem pay and travelling
fees, for the present session of the General Assembly. Said
compensation, when due the said members and officers, shall
be certified and paid, agreeably to said act. The clerk of
the House of Representatives, and the secretary of the
Senate, shall receive the sum of one hundred and fifty dollars
each, for furnishing the printer with a copy of the journals
of the present session of the General Assembly.

Sec. 2. The auditor of pubhc accounts shall issue his Auditor to issue
warrant on the treasury, in favor of the different persons ^■^"■^"'•'o:—
hereinafter named, for the several sums annexed to their
respective names, viz:

242

Stout & John
son

Treasurer.

J. M. Street.

W. T. Page.

R. K. Mc

Laughlin.

To Stout and Johnson, the sum of seventy dollars, for
covering, pressing, and cutting fifty-five hundred copies of
School Laws.

To the treasurer of Illinois, eighty -three dollars, seventy-
five cents, to enable him to pay the claims of the cashier of
the Phoenix Bank of New York, for the charges of the bank
for services, in paying the interest on the Wiggins loan, for
the years 1831-2-3-4 and 5.

To Joseph M. Street, the sum of forty-five dollars and
five cents, the amount of eight fee bills, against the commis-
sioners for the sale of Vandalia lots, in suits brought by
them against Samuel McClintock; same vs. James Kelly;
Kelly and Forrester j same vs. John Forrester and McClin-
tock; same vs. same.

That William T. Page be allowed four dollars per day,
for services in assisting the clerk of the House of Repre-
sentatives, to be certified by. the clerk.

That R. K. McLaughlin be allowed the sum of two hun-
dred dollars, for a room for the use of the treasury depart-
ment, whilst the said McLaughlin was treasurer of state, to
be accepted in full of all claims against the state.

That the sum of three dollars per day, be -allowed to
Wm. Hodge. ^iHiam Hodge, for services rendered to the engrossing and
enrolling clerks of the House of Representatives, the num,-
ber of days to be certified by said clerk.

To H. Hatch, the sum of four hundred and ninety dollars,
so soon as he shall deliver to the auditor of public accounts
ninety-eight maps, executed agreeably to the joint -resolu-
tion of the General Ass-embly, passed December 23, 1835,
To James Forehand, the sum of one dollar and fifty cents
per day, for services rendered to the Council of Revision,
during he present session of the General Assembly.

To tl a secretary of state, for the extra clerk hire, to en-
able him to copy the laws of the present session of the legis-
lature, and making a tabular statement of the census, with-
in the time limited by law, the sum of two hundred dollars.
To S. H. Anderson, warden of the^penitentiary, the sum
of seventy-two dollars, for conveying two prisoners, by vir-
tue of writs of habeas corpus, to Vandalia and New Nash-
ville, and returning the same to prison.

To Thomas C. Kirkman, the sum of five dollars, for ad-
ministering oaths to the new members of the House of Rep-
resentatives, during the present session.

To William E. Starr, the sum of five dollars and lorty-
fivc cents, for copying records in two cases, for the supreme
court; people vs. Royal.

To Thomas Hunt, the sum of forty-one dollars and sixteen
and one-fourth cents, to pay the cxpences attending the fune-

H. Hatdi.

J. Forehand.

!;^ec. of state.

son.

Ander-

T.C. Kirkman.

W E Starr

T Hunt

243

ral of the late Hon. Benjamin A. Clark, of the House of
Representatives.

To James M. Whitney, fifty-four dollars, for eighteen J M Whitney
days' service, assisting the enrolling clerk of the Senate.

To Mr. Davis, of Pekin, ten dollars, for assisting the en- ^^ -Uavis
rolling clerks three days.

To Samuel Munday,five dollars, for assisting the engross- s Munday
ing clerk of the House of Representatives.

To Henry Moore, of Chicago, five dollars, for assisting H Moore
the engrossing clerks in^enroUing bills.

To Seth T. Sawyer, four dollars per day, for each day ST Sawyer
employed by him in assisting the engrossing and enrolling
clerks, to be paid on the certificate of the secretary of the ^
Senate.

To Ewing Roberts, the sum of eight dollars, for furnish- E Roberts
ing the room of the engrossing clerks of both houses with
fire, during this session.

To the Hon. R. B. Servant, the sum of forty dollars, to ^ jj Servant
pay the funeral expenses of the late Hon. John Thompson,
of the House of Representatives.

To Coleman J. Gibson and John Fleming, the sum ofC" J Gibson &,
one dollar and fifty cents, each, for one day's attendance, as "^ ^'^emmg
vritnesses before the committee of finance of the Senate.

To R. M. Goi-don, two dollars and fifty cents, for putting r m Gordon
up a stove and pipe, in the Senate chamber, the last session
of the legislature.

To John Charter, for room-rent for Council of Revision, J Charter
thirty-two dollars.

- To William Thomas, the sum of two dollars and twenty- W Thomas
five cents, for postage on School Laws forwarded to the
printer.

To William McConnell, nine dollars, for administering ^^' McConneii
oaths of office to members of the Senate, and for adminis-
tering oaths to witnesses before the committee of finance of
the Senate.

To Brook Chapman, ten dollars, for services rendered as B Chapman
assistant sergeant at arms, in going to Hillsboro' to summons
John Tilson, jr., to appear before a select committee, ap-
pointed by order of the Senate, to investigate certain

charges.

Approved, Jan. 18, 1836,

244

AJ\l' ACT concerning the payment of the Revenue,
and for other purposes.

Sec. 1. Be it enacted by the people of the State of Illinois,
Bills received represented in the General Assembly, That hereafter the bills
of the Bank of the State of Illinois and branches, shall be
received in payment of the revenue of this state, and the
ditferent counties in the state; and in payment of college,
school and seminary debts, and interest; Provided, That no-
thing herein contained, shall be construed so as to prohibit
the receiving of other current money of this state, for the
purposes aforesaid; Provided further, That if at anytime
hereafter, the governor, auditor and treasurer, shall be of
Governor, &,c. -jjJqj^ that there will be danger of loss, by receiving the

to C1V6 notJcct ^ ■ » ^ •' •/ o

bills of the State Bank, as aibresaid, they are hereby author-
ised and required, to cause a notice to be published in the
newspaper printed by the public printer, and all other news-
papers printed in the state, prohibiting the further reception
cepti'on ofsafd of Said bills, after a day named in such notice, for the uses
bills and purposes aforesa,id; and after the day named in such

. notice, the said bills shall not be received, un'dl otherwise
When to be re- ^^j.gj,|.g^j ^y ]j^^^ ^jj(^ jj^ qq^sq \^[^q governor, auditor and

.'^"^^ treasurer, shall give a notice as herein required, it shall be

their duty to communicate the fact to both branches of the
General Assembly, within ten days after the next meeting
thereof, together with their reasons for giving such notice.
Sec. 2. This act to be in force from and after its pas-
sage. And it shall, be the duty of the secretary of state, to
cause this act to be published forthwith after its passage, in
the newspaper printed by the public printer of this state.

Approved, Jan. 16, 1836.

When in force

A A^ ACT to authorise the settlement of the accounts of the board
In force Jan. of Commissioners for the improvement of the navigation of
16, 1836. fi^g Kaskaskia river.

Edward News- Sec. 1. Be it enacted by the people of the State of Illinois,
ham to settle represented in the General Assembly, That Edward News-
accouuts,&c j^y^,-^^ ig hereby authorised to settle the outstanding accounts
of the board of commissioners for the improvement of the
navigation of the Kaskaskia river. Said Newsham is em-
powered to demand, receive, or sue for any amount due said
board; and to pay over, and settle any outstanding accounts.
To report ^T demands against said board, and report the same to the

245

auditor ot" public accounts, as soon as said accounts and de-
mands are liquidated, for all other purposes than is recited
in this act. The said board of commissioners for the im- ^(.4 repealed <fe
provement of the Kaskaskia river, is hereby repealed, and board dissolved
said board dissolved.

This act to take effect from and after its passage.

Approved, Jan. 16, 1836.

AJS ACT for the benefit of the heirs of Samuel Thurston, j^ foj-^e Dec,

deceased. 8, 1835.

Sec. 1. Be it enacted hy the people of the State of Illinois, Gu^vdian au-
represenicd in the General Assembly, That the guardian of '^honsed to sell
the heirs at law of Samuel Thurston, on filing with the judge ^'^^^^
of probate of the county of Madison, a bond with good and
sulhcient security, to be approved of by said judge, in such
sum as may be deemed sufficient by said judge, conditioned
for the true and faithful discharge of the duties enjoined by
this act; and that the guardian of said heirs at laM'^, will well
and truly pay over to the said heirs, all monies arising from
the sale of lands herein authorised; and shall do and per-
form all other duties devolving upon him by virtue of this
act, shall be, and is hereby empowered to sell and convey,
by sutficient deed or deeds, the west half of the north-east
and south-east quarters of section nineteen, in township six
north, of the base line, range ten west, of the third principal
meridian; also the north-west quarter of section thirty -two,
and a part of the south-west fraction of section thirty-two,
in township six, north of the base line, range ten west, of
the third principal meridian, situated in the county of Mad-
ison, an undivided half of which the said Samuel Thurston
died seized and possessed of, either at private sale, under the
direction and sanction of said judge, or at public sale, on
giving due notice according to law, and upon such terms as
to credit or not credit, as the said guardian, by the direction
or sanctiQn of the said judge, may deem proper, and most
beneficial to the said heirs at law.

Sec. 2. The money arising from the said sales, shall be proceeds how
chargeable in account with said heirs, to the said guardian, appUed
and shall be laid out by said guardian to the best advantage
of the said heirs; Provided, That if in the course of admin-
istration it shall appear that the personal estate of the said
Thurston, shall not be sufiicient to pay the debts, the said
money so arising from such sale, shall be subject, by order

24G

of said judge of probate, to payment of such deficiency t
»Rnd Provided^ further^ Tliat the said guardian may, if he
deems it more advantageous to said heirs to do so, invest the
money arising from the sale herein authorised, or any bal-
ance thereof, that may remain after paying any of the
debts of said Thurston, as herein authorised, in other real
estate, or town lots, to and for the use of said heirs.

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

This bill having been laid before the Council of Revision,
and ten days not having intervened before the adjournment
of the General Assembly, and the said bill not having been
returned with the objections of the Council, on the first day
of the present session of the General Assembly, the said
bill has become a law.

Given under my hand, this 8th day of December, 1835.

A. P. FIELD,
Secretary of State,

J"foiTe,Jan. jj]\^ ji(jx for the benefit of Simon M. Hubbard.

WB Scares to Sec. 1. Be it enacted by the peoj:)le of the State of Illinois^
adjust fee bills represented in the General Assembly^ That Walter B. Scates,
be, and he is hereby authorised a.nd empowered, to examine,
audit, and adjust the fee bills of Simon M. Hubbard, clerk
of the Franklin circuit court, for services rendered by him,
as clerk, in all cases in which the president and directors of
the State Bank of Illinois were a party, so far as said servi-
ces were rendered for said bank, and for which it is, or would
be liable, as such party.
To deduct ^^c. 2. Said Scates shall deduct from the amount found

amount due duc Said Hubbard, by the foregoing section, all sums of
bank. money, if any, which may be due and owing by the said

Hubbard to the said bank, either as principal or security,
by judgment, note, account, or otherwise; and also all such
sums as may have been paid him on account of his said ser-
vices; and the amount thus found due, upon such adjustment
To be certified ^^ j^jg £ggg g^j^^j accounts, and remaining unpaid, the said
auditor to 'issue Scatcs shall Certify to the auditor of public accounts, under
warrant. his hand and seal; and the auditor shall file said certificate,

and shall thereupon issue his warrant upon the treasury for
such amount, specifying on the face of said warrant, on
what account it is due; and the treasurer shall make a mem-

24t

orandum thereof in the bank books, or account against the
said Hubbard.

Sec. 3. The treasurer of the state, and the state's attor- ^^"ty °^ treasu-
nev of ihe third judicial circuit, shall, as soon as convenientr ^®,!:" ^"1,*^^*^'^
ly may be, deliver over to the said !5>cates, all the writs, if
any, or other evidences of the indebtedness of the said
Hubbard to the bank; and all receipts, &c., of monies paid
said Hubbard, by the bank, on account of services rendered
it by him, to enable said Scates to audit and adjust said
fee bills.

, Approved, Jan. 18, 1836.

5*^

AN ACT S2Lpplemental to an act, entitled ^^An act concerning

Public Records;'' approved February 9t/i, 1835. is/issG.'^'^'

Sec. 1. Be it enacted by the people of the State of i//moi5. Transcribe
represented in the General Assembly, That the second section f^^eds.
of the act to which this is a supplement, which requires the
recorder of Madison county, to transcribe certain deeds, be
construed to mean deeds for lands lying in Madison county.

Sec. 2. That the governor of this state is hereby author- (^^"^'emor's
ised to cause the sa,id deeds to be transcribed, as required by " ^ "
the act to which this is a supplement. And in case the said
recorder of Madison cdunty, shall neglect or refuse to trans-
cribe the said deeds, within three months from the passage
of this act, the governor is hereby authorised to employ a
suitable person to transcribe the same; and it shall be the
duty of the said recorder of Madison county, to give the
person so employed by the governor, access to the record
books, in which the said deeds are recorded.

Sec. 3. That the governor is hereby authorised to allow Compensation.
the person employed b-y him to transcribe the deeds afore-
said, a just compensation for his services, to be certified by
the governor, and paid on the warrant of the auditor, as
provided in the fourth section of the act to which this is a
supplement; Provided, That if the expense of transcribing
such deeds, exceed the sum of one hundred dollars, such
excess shall be paid by the county commissioners' court of
Schuyler county.

AppRO^^ED, Jan. 18, 1836.

248

Inforce, Jan.
IG, 1836.

Released from
l-ecosnizaiices

Proriso.

AJV ACT for the relief of Eli Hooper and Pleasant Dodson,
of Shelby Coitnti/

Sec. 1. Be it enacted by the people of the Stale cf Illinois,
represcntfd in the General jJssembli/, 'i hat Eli Hooper and
Pleasant Dodson, of Shelby county, who were lately bail
in a recognizance for the appearance of one Solomon Sto-
ry, at the circuit court of said county of Shelby, upon a
charge of larceny, and against whom judgment was render-
ed at the May term, 1835, of said court, on their said i e-
cognizances, said Story having failed to appear according
to the condition thereof, for the sum of four hundred dollars,
be, and they are hereby released from, and acquitted of the
payment of said fine of four hundred dollars; Provided, That
said Hooper and Dodson, within three mouths after the pas-
sage of this act, pay to the sheriff and clerk of the said
county of Shelby, and all other officers having legal charges,
all costs, whatsoever, which may have in any wise accrued
in the prosecution and trial of said case.

Sec. 2. All said costs being paid, as herein required, a
record of the release and acquittance hereby granted, shall
be entered on record in the books of the clerk of the circuit
court of the said county of Shelby, v/hich shalJ forever be a
bar to the recovery of said judgment.

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

Apphoved, Jan. iB, 1836,

In force Jan. jJN ACT for the benefit of the Officers therein named.
IG, !83G. ■ ...

M V k fT Sec. 1. Be it enacted by the j^eople of the State of Illinois,
ces in Lower represented ill the General Assembly, That the clerks of the
TownCariyie circuit and county Commissioners' courts of Clinton county,
be, and they are hereby permitted to keep their offices in
the Lower Town of Carlyle, and in the room now occupied
by them for that purpose, (or in any other room in said
Lower Town, they may think proper,) until the court house
of said county shall have been completed, and in readiness
for their reception.

Sec. 2. The same privilege, by this act given to the
clerks of the circuit and county commissioners' courts, shall
be, [and] the same is hereby extended to the county record-
er and judge of probate, of said county of Clinton aforesaid.
This act to take effect from and after its passage.

Approved, Jan. 16, 1836.

Privilege ex-
tended.

AN ACT to amend an act entitled '•'an act to provide for M« In force, Jaiu
distribution and application of the interest on the School^ Col- ^^' ^^3^-
lege and Seminary funds,-''

Sec. 1. Be it enacted by the people of the State of Illinois, ,o receive mo-
represented in the General Jlisenib'y, That it shall be the nies fiom the
duty of" the commissioners of the school fund to receive from ^' ^'^^«8-
the United States, as the same may become due and payable
all monies, to which this state is or may be entitled under
the provisions of any law of the United States, appropria-
ting any portion of the proceeds of the sales of public lands
within this state for purposes of education and to deposite
the same in the state treasury to be used hf the state for
revenue purposes; and the state shall be charged v^'ith the
same, and with interest as required by the act to which this
is an amendment.

Sec. a. It shall be the duty of school commissioners of
counties, in loaning the township and county funds to re-
quire payment of the interest half yearly and in advance;
and it shall also be their duty to loan all interest, in the same
manner as principal, which they may receive, until the same
is demanded for the use of schools.

Sec. 3. Hereafter the interest on township arid county
funds shall be distributed, and paid to teachers 6n the sec- ^^""j's to be
ond Mondays in January, and second Mondays in July in '*'"'^"'*'^*
each and every year; and it shall be the duty of teachers
to present their schedules, made and certified as now requir-
ed by law, on the first Mondays in January and first Mon-
days in July in each and every year; such schedule not to Jesenf^hed-
extend further back than six months, and it shall be uies.
lawful for teachers, who returned schedules on the first Mon-
day in November one thousand eight hundred and thirty-five,
and who continued to teach school to the first of January
one thousand eight hundred and thirty-six, to continue their
schedules to the first of January one thousand eight hundred
and thirty-six and to return the same at the time required
by this act, and such teacher shall be entitled to a distribu-
tive share of the interest of the state fund for services ren-
dered between the first of June one thousand eight hundred
and thirty-five and first of January one thousand eight bun-"
dred and thirty-six.

Sec. 4. The money received by the school commission-
ers, from the state, shall be paid out to the teachers of schools
as required by the act to which this is an amendment, on
the second Monday in January annually, or as soon thereaf-
ter as the money shall be received in the counties, and sucb
payments shall be made for services, rendered during the
preceding year| Provided,; in all cases when a schedule has Proviso.

350

been regularly kept in any district or districts according to
the act to which this is an amendment, and the teacher has
been paid by the inhabitants of said district, the trustees up-
on presenting a proper schedule, well certified, shall be au-
thorised to draw their distributive proportion of the school
funds for the use of said inhabitants, as the teachers would
|iave been entitled to.

Sec. 5. It shall be the duty of the secretary of state to
Act to be pub. ^j^^gg j|^jg a,ct to be immediately published in the newspaper
printed by the printer of the state. This act to be in force
frpqci its passage.

Approvkd. Jan. 15, 1836.

T/i force, Jan ^jy ^QJ" to amend the Several acts in relation to the
^^' ^^^^- Penitentiary,

Duties of In- Sec. 1. Be it enacted by the people of tlie State of Illinois,
spectorsand represented in the General Jissembly^ That it shall be the
^^ ^"' duty of the inspectors and Warden of the Penitentiary to

deposite in the branch of the state bank of Illinois at Alton,
all moneys in their hands belonging to the penitentiary fund;
also all notes, bonds, and other evidence of indebtedness to
the said fpfld, within ten dayg after being fuppished with a
copy of this act; and the governor is required to furnish
each of said inspectors and warden with such copy imme-
diately .after its passage; and hereafter the said inspectors
and warden shall deposite all moneys which they may re-
ceive, belonging to said fund, in said branch bank; also, all
notes and bonds and other evidences of indebtedness to
said fund, immediately upon the receipt of any such money,
notes, bonds, or other evidences of indebtedness; which
shall be at all times subject to the warden and inspectors,
when wanted for use, as now provided by law.

I'his act to be in force from and after the passage.

ArpjiovED, Jan. 18, 183G.

In force, Jan. AN ACT for the relief of Samuel Copeland.

16. 1836.

^EC. 1 . Beit enacted by the people of the State of Illinois,
rJipresented in the General 4^scmbhj, That the sum of one

251

hundred dollars be paid to Samuel Copland for his services
and expenses incurred in bringing Jacob Solmon, who was
accused of kidnapping a negro boy in the county of John-
son, from Tipton county in Tennessee, and delivering him
over to the proper authorities of said Johnson county in this
state. The auditor of public accounts is hereby required to
issue his warrant on the treasurer for the above mentioned
sam in favor of the said Samuel Copeland.

Approved, Jan. 16, 1836,

AN ACT supplemental to the several acts, relating to the Circuit ^g ^i836 "
Courts in this State.

Sbc. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the terms of the t, . __
courts in the second judicial circuit, shall be held at the sev- }„ 2d circuit,
eral places for holding courts in the several counties there-
in, at the times following, namely: In the county of Madi- Namesofcoun-
son on the second Monday of February and August; in the "*'•
county of St. Clair on the third Monday of February and
August; in the county of Monroe, on the fourth Monday in
February and August; in the county of Randolph, on the
Fridays thereafter; in the county of Washington, on the
first Fridays of March, and September; in the county of
Clinton, on the second Mondays of March and September;
in the county of Bond on the third Monday of March and
September.

Sec 2. In the county of Montgomery, on the fourth Mon-
days in March and September; in the county of Shelby, on
the first Monday of April, and October; in the county of
Effingham on the Fridays thereafter; in the county of Fay-
ette, on the Mondays thereafter.

Sec. 3. All process, suits and recognizances which have P^^ocesses
been, or may be issued or entered into and made return-
able to the courts as at present arranged, shall be taken and
considered, to be returnable, to the times fixed by this act,
and shall be valid to all intents and purposes.

Approved, Jan. 16, 1836,

^^ fe ^' ^^^ -^ <^' T for the relief of the heirs of Eli Pain deceased.

J. M. Peck an- Sec. 1. Be it enacted by the people of the State of Illinois,

thoiised to sell represented in the General Assembly^ That to prevent loss to
the widow and heirs of Eli Pain, deceased, late of the county
of St. Clair, and to enhance their interest; that J. M. Peck,
is hereby authorised and empowered to sell and convey the
west half of the north west quarter of section twenty six,
in township tv/o north, and in range seven west of the third
principal meridian, the same being the property of the late
Eli Pain deceased, to be sold, either at public auction or
private sale, either on a credit, or for ready money, as may
best conduce to the interest of said widow and heirs.

Sec. 2. The said J. M. Peck shall vest the money arising
froni such sale in other lands or town lots to be purchased in
the name and for the benefit of said widow and heirs,
and erecting thereon such buildings and improvements as he
shall deem conducive to the interest of said widow and heirs;
Provided, That it shall appear from vouchers on file in the
office of judge of probate of St. Clair county that the per-
sonal estate of said deceased is entirely solvent, and. Pro-
vided further, that the said widow shall acquire no greater
interest in the property that may be purchased as herein
provided, than she now has in the estate which the said J.
M» Peck is hereby authorised to sell.

Give bond, Sec. 3. The said John M. Peck before he shall sell said

land, shall enter into bond in the penalty of eight hundred
dollars, with good and sufficient security, to be approved by
the judge of probate of St. Clair county, payable to the said
widow and heirs, conditioned that the said John M. Peck,
shall faithfully discharge the duties imposed on him by this
act, and vest the proceeds of the said sale in the manner
herein before provided, or to loan the same on interest for
the benefit of the said widow and heirs as to him shall be
deemed most advantageous to said widow and heirs, the said
loan if so made shall be under the direction of the said judge
of probate of St. Clair county, said bond may be put in
suit by the obligees therein and a recovery had upon a
breach of any of the duties enjoined upon the said Peck by
said bond.

Make deed. Sec. 4. The said John M, Peck is hereby authorised to

make to the purchaser or purchasers of the property herein
described the proper deed or deeds of conveyance for said
premises, and the said purchaser or purchasers shall thereby
acquire a good and indefeasible title to the said premises.

Cer^ficats. This bill having been laid before the Council of Revision

and ten days not having intervened, before the adjournment

253

of the General Assembly, and the said bill not having been
returned with the objections of the Council on the first day
of the present session of the General Assembly the said bill
has become a law.

Given under my hand this 8th day of December 1835.

A. P. FIELD.
Secretary oj State.

AJVACT for the. relief of the zvidow and heirs of Christopher In force, Dec.

Whitman. ^' ^^^^•

Sec. 1. Be it enacted by the people of the State o/ -^^^^^o^'^ JJan'auth^S
represented in the General Assembly^ That Martha Whitman to sell certain,
executrix of the last will and testament of Christopher land.
Whitman, deceased, be and she is hereby authorised to sell
the following described lots of land, formerly owned by
said Christopher Whitman, and situate in the county of
Macon, and designated on the plat of the United States
survey, as the west half of the north east quarter of section
eight, in township sixteen north of range three east of the
third principal meridian; also of the east half of the south
west quarter of section five, in the same range and township,
said lots of land shall be sold for cash, or on such credit as
the judge of probate of Macon county may direct, and on
the payment of the purchase money for the same, the said
Martha vVhitman is hereby authorised to make and execute
good sufficient deeds therefor to the purchaser, which deeds
shall convey all the right, title, and interest of the said Mar-
tha Whitman, and the heirs of said Chistopher Whitman, in
the land aforesaid, to said purchaser; Provided hoxoever^ that
before the sale of the land above described, said Martha
Whitman shall enter into bond with good security in such
sum of money as the judge of probate of Macon county
may direct, conditioned for the faithful performance of the
duties imposed upon her by this act, which bond shall be
filed in the office of the judge of probate of Macon county.

Sec. 2. It shall be the duty of said Martha Whitman to „
invest the money which may arise from the sale of the land sair^\viuveg;
above described, in other land, for the benefit and in the t«d
name of herself and the heirs of said Christopher Whitman
deceased, and for no other purpose whatever.

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

This bill having been returned by the Council of Revis- C€$ti;fi:c^te.

•254

ion at the end of the hist session of" the General Assembly
as not acted upon for the want of time, and not having been
laid before the Legislature on the first day of the present
session, it has become a law the 8th day of December, l835.

A. P. FIELD.
Secretary of State.

In force, Jan. „^JV' ACT to improve the Breed of Cattle.

16, 183G. ^ -^

Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That from and after
the appointment of inspectors by any county commission-
inspectorr' crs' court, as hereinafter provided, no bull over one year
old, shall be permitted to run at large out of enclosure,
unless the same shall be approved of by the inspectors of
the township or county, as a suitable animal or bull to breed
from; and all bulls not approved of, shall be altered upon
the order and decision of said inspectors.

Sec. 2. The county commissioners' court in each and
every county in the state, may, at their March term next,

pfficrfou"yeaa's^^^*^"y '^^8"'^'' ^^^"^ *^®^^^^*^ appoint three good sub-
stantial farmers, to act as inspectors and judges, in each
justices' district or otherwise, as they may subdivide the
county, whose term of service shall be four years; and reg-
ular appointments shall be made every four years, and
vacancies filled by the court from time to time, as they may
occur.

Sec 3. It shall be the duty of said inspectors and judg-

*^"*^ es, to view, on ^request or otherwise, any bull or bulls,

running at largie over one year old, in their respective coun-
ties; and should they be of opinion, under all circumstan-
ces, that the same is suitable to breed from, and ought to
run at large, they shall give the owner a certificate to that
effect; and in case they shall decide otherwise, they shall
notify the owner thereof, whose duty it shall be to alter, or
put said bull qp, and not suffer the same to run at large;
and should the owner not comply with said decision, the
bull shall be altered upon the order of said inspectors, or
the same may be done by any individual of the county;
and for the refusal and non-compliance on the part of the
owner, the evidence being adduced to the satisfaction of the
justice, and it is hereby made the duty of said inspectors to
prosecute, he shall be fined in any sum not exceeding fifty,
nor less than ten dollars, with costs; and on a second com-

255

plaint and conviction, the first fine shall be doubled.

Sec. 4. The owner or owners of all bulls inspected and Owners of best
approved of, as above stated, shall not be required to pay ^""* exempt
any tax for the same; and when a majority of all the in- taxTs^theJefnv
spectors of the county, and they may convene annually for
that purpose, shall decide upon the three best bulls, three
best cows, and three best heifers, the county commission- Premiums^
ers' court shall grant an order on the treasury of the coun-
ty, to be paid out of the fines and funds of the county,
fifteen, ten, and five dollars each, for the bulls, and the
cows, and heifers, in like manner; but no second premium
shall be granted and given for the same animal.

This act shall take effect from and after its passage.

Approved, Jan. 16, 1836.

AjY JlCT to re-locate the scat of Justice of Clark County > In f"i"ce, Jan«-

•^ -^ ^ 7^ 1836^

Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Assembly, That Wilham F. Commissioners
Thornton, William Prentiss, and John Hendrix of Shelby appointed,
county, and Charles Emmcrson, and William Reddick of
Macon county, be, and they are hereby appointed commis-
sioners, to re-locate the seat of justice of Clark county.

Sec. !2. Said commissioners, or a majority of them, shall Wiien and
meet at Darwin, on the 3d Monday in February 1836, or where to meet,
within eight days thereafter, and after taking and subscri-
bing an oath before some justice of the peace for said
county, faithfully and impartialij^, without fear, favor or
afiection, to discharge the duties assigned them by this act,
shall proceed to the discharge of the same as is hereinafter
directed.

Sec 3. It shall be the duty of said commissioners, or a To re-locate
majority of them, to re-locate the seat of justice of said ^''® ^^^l?fj"?""
county, at such suitable point on the National Road in said ai Voad.^'""'
county, as to them shall seem most conducive to the present
and future interests, wants, convenience, and px-osperity
of the people of said county; taking in view its nearpess ta
the centre of the present and probable future population of
the county; its nearness to the geographical centre of thp
county; the timber, water, soil, and health of the adjacej^t
country, as well as the donations that may be proposed.

Sec 4. .Said commissioners may ask and receive froiji . .

the person or persons, on whose lands they may locate tlac jand or money-
seat of justice of s5,id county, a quantity of land as a dona-

256

lion of not less than fifty acres, lying on both sides of the
National Road; or if they shall deem it more conducive to
the interests of the county, they may receive a donation of
not less than five acres in such a shape as may be agreed
upon by the owner of Ow^ners thereof, and the said com-
missioners; Provided,, The person or persons making such
donation in land, will secure to be paid to the county of
Clark, an additional donation of one thousand five hundred
dollars, one half whereof, to be paid on the first day of Jan-
uary one thousand eight hundred and thirty-seven, and the
other half on the first day of September, one thousand eight
hundred and thirty-seven.
Bond for ^eocl Sec. 5. Said commissioners shall demand a bond for a
deed, with covenants of general warranty, to the county of
Clark, for the lands on which they shall, make such loca-
tion; which bond, together with the securities for the
Jlepovtte clerk, money, and a full report of their proceedings, they shall
return to the clerk of the county commissioners' court of
said county, to be by said clerk, laid before his court, at its
next regular or special term thereafter,
if removed pre- Sec. 6. Should the seat of justice when located under
ito 1846. ^j^-g j^^j-^ jjg removed thei-efrom, previous to the year ime
thousand^eight hundred and forty-six, the donor, or donors of
the land on which such location shnll be made, shall have
and receive from the county of Clark, the sum of two hun-
dred dollars.
Donation to be Sec. 7. It shall be the duty of the county commission-
laid off into gj.g q£ gg^j^ county, as soon as they shall have received the
report aforesaid, to cause said donation to be laid off" into
lots, and to dispose of the same at such times and places.
Proviso. and upon such terms as they shall deem best: Provided^

The proceeds thereof, and the money that may be donated
under this act, together with the court house and jail in
Darwin, shall go to constitute a fund, for the erection of a
court house at the new county seat, and to be applied to no
other purpose whatever.
Compensation. Sec. 8. Said commissioners shall receive for their ser-
vices, the sUm of three dollars per day each, for each day
they may be necessarily employed in the discharge of the
duties hei'ein required of them; to be paid out of the coun-
ty treasury of Clark county.
Commissioners Sec. 9. It shall be the duty of said commissioners, to
^"*y- examine as far as practicable, the whole county, and to

be governed in all things, by the true interest of the same;
and they shall also recei^^e sealed proposals of donations
of land and money, or either; and the county commission-
ers of Clark county, shall, as soon as they receive the
report of the commissioners aforesaid, give a name to the

251

place that has been selected as the county seat, and cause
a plat thereof to be recorded.

Sec. 10. All courLs that now arc required by law to be
held at Darwin, shall from and after the first day of June,
eighteen hundred and thirty-six, be held at the place selec-
ted under this act.

Approvkp, Jan. 7, 1836.

JjY act sim-plifying the mode of acknowledgment of Sheriffs I" force Jan.

Deeds. ^^' ^^'^■

Sec 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That all deeds here-
tofore executed, or which may hereafter be executed by ^Q W ackn*ovvf-
any Sheriff or other officer, for any real estate, sold on exe- edged or proved
cution, upon being acknowledged or proven before any before'cierk.
clerk of any court of record in this state, and certified
under the seal of such court, shall be admitted to record ^.gcord'^ ^°
in the county where the real estate sold, shall be situated.

Sec. 2. The successor of any sheriff or other officer. Duty of suc-
shall be authorized to execute deeds for real estate sold by p^.*^°^' ^° ^^^®^'
the predecessor, or to acknowledge any deed executed and '
not acknowledged by such predecessor.

Sec. 3 Deeds heretofore executed by officers for real
estate, sold on execution, and acknowledged or proven,
and certified in the manner required by law, for the ac-
knowledgment or proof of deeds of conveyance, shall be
considered as having been duly executed.

Sec. 4. All deeds executed and acknowledged, or pro- .^^eds acknow-
ved, according to the provisions of this act, shall be deemed !^e?'!e°em^ed°'
to have been duly executed, and shall be admitted as evi- \aiid.
dence, without further proof of the execution thereof.

Approved, Jan. 16, 1830.

AM ACT supplemental to the setter al acts regulating <Ae |" ^'^'^e, . an.
Circuit Courts in this State. '*'' ^^'^''•

Sec 1. Beit enacted by the pople of the State of Illinois, Terms of cir-
represented in the dn^ral Assembly. Ttiat the Iprms of the ^"''•^.°"''^'"
courts in the third judicial circuit shall be held at the sev- 0^^"''''

258

eral places for holding courts in the several counties therein,
Names of at the times following, namely: In the county of Marion,
counties and on the second Mondays in March, and the fourth Mondays
are he'id there- ^^ August; in the county of Jefferson, on the Thursdays
in, thereafter; in the county of Hamilton, on the third Mon-

days in March, and first Mondays in September; in the
county of Franklin, on the fourth Mondays in March, and
second Mondays in September; in the county of Gallatin,
on the first Mondays in April, and third Mondays in Sep-
tember; in the county of Pope, on the second Mondays in
April, and fourth Mondays in September; in the county of
Johnson, on the third Mondays in April, and first Mondays
in October; in the county of Union, on the fourth Mondays
in April, and second Mondays in October; in the county of
Alexander, on the first Mondays in May, and third Mondays
of October; in the county of Jackson, on the second Mon-
days of May, and fourth Mondays of October; in the coun-
ty of Perry, on the third Mondays of May, and first Mon-
day after the fourth Monday of October.
Special teiiii Sec. 2. That there shall be a special term held in the
in Gallatin, county of Gallatin, on the third Mondays of July annu-
ally.

Approved, Jan. 16, 1836,

In force I5tli jiJ\' JICT relative to the Records of Clinton Coimti/,
Jan., 183t>.

Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Assembly., That the several county
RecordesT'^ recorders of the counties of Bond, Fayette, and Washington,
Bond, Fayette, are hereby directed and required, on or before the first day
& Washington of July ncxt, to fumish the county recorder of the county
of Clinton, certified transcripts of all deeds, bonds, and
title papers, recorded in their respective counties, relating
to the title to real estate in Clinton county, which may
have been recorded therein, prior to the first day of March
1825. , ,,

Recorder of Sec. 2. The county recorder of Clinton county shah,
Clinton county. ^^ ^^ before thc first day of April next, furnish to the said
county recorders, a well bound book, in which said trans-
cripts and certificates shall be entered; copies of which,
duly certified by the recorder of Clinton county, shall be
competent evidence in any court of justice in all matters to
which they relate.

Sec. 3. The county commissioners of Clinton lor said

•259

transcripts, may make such allowance to the several recor- Cou-.peusatioi.
ders aforesaid, as they may deem reasonable, not exceeding
the legal fees for copies and certificates.

Approvep. Jan. 15. 1836.

AN ACT

for the beiipfd of the infant heirs of James Mason, j^-, force Jan.
'deceased. 1^' ^^^^

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the powers con-
ferred by the act to which this is an amendment, upon Sarah Sarah Mason
Mason, guardian of Martha IMaria Mason, infant and only ^;;f f^""?^ '"
heir of James Mason, deceased, be, and they are hereby Oiafun.
extended, so as to enable her to sell, in the manner and
under the instructions therein contained, the lots and lands,
lying in the town of Grafton, of which the said James
Mason died seized.

This act to take effect from and after its passage.

Approved, Jan. 16, 1836.

AN ACT to change the 7iame of Salu. 1S''Ts3'g'^^"

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That from and after the
passage of this act, all that part of the county of Madison, on
which the town of Salu is situated, shall be annexed to,
and form a part of Upper Alton, and shall be hereafter
known by the name of Upper Alton, any plat or name to

the contrary notwithstanding.

Approved, Jan. 16, 1836.

AN ACT for the relief of the persons therein named. inforcr, Jan.

15, 1336.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the bands of
matrimony be, and the same are hereby dissolved, between ascf w!fe''''^
Richard H. McGoon, and Elizabeth his wife.

260

Sec. 2. That the bands of matrimony be, and the same
J. S. Shaw arc hereby dissolved, between Joshua 8. Shaw, and l-.inny
and wife ^^n his wife; George Flower and Jane his wife; and that

an I wX^^ ^^^ name of Fanny Ann Shaw, is hereby changed to "Fan-
ny Ann Kester," her maiden name; and Glavina, infant
daughter of Fanny Ann and Joshua, is hereby ciiariged to
Glavina Kester.

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

Approved, Jan. 15, 1836.

AN ACT for the benefit of the widow and heirs of Reuben
Goddard, deceased.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Sarah Goddard,
widow and administratrix of the estate of Reuben Goddard
auX^nzecfto'^ deceased, and guardian of Reuben A. Goddard, William
sell certain real B. Goddard, Francis J. Goddard, and Rachel C. Goddard,
estate. heirs at law of the said Reuben Goddard deceased, and

minors under the age of twenty-one years, be, and she is
hereby authorised and permitted to sell and dispose of the
following described tract of land, situated in the county of
St. Clair, to wit: The north cast quarter of section num-
bered sixteeen, in township numbered one south, of range
numbered nine west of the third principal meridian, con-
taining one hundred and sixty acres, either at public or
private sale, as she may think most conducive to the interest
of the said heirs; and the proceeds thereof, shall be appro-
priated in the purchase of other lands, or loaned out at the
best interest that can be obtained, on good freehold secu-
rity, for the benefit of the said minor heirs.

Sec. 2. The deed of conveyance by the above named
Conveyance g j^ Goddard to the purchaser or purchasers, of the above

deemed valid. ., , r- i i ■ ^\ c ^v, ^,r

described tract of land, or any or either ol them, or any
part thereof, shall pass to, and vest in the said purchaser or
purchasers, as good and valid a title to such interest in the
said lands, as belonged to the said Goddard at the time of
his death.
To2i-e bond Sec. 3. That the said Sarah Goddard, before she re-
ceives any of the said purchase money, shall enter into bond
with approved security to the said people, for the use of
said infant heirs, before the judge of probate of the county
of St. Clair, in a penalty of 'double the amount of said pur-

261

chase money, conditioned that she will faithfully apply said
purchase money, as directed by the provisions of this act.

This hill having been laid before the Council of Reviiion,
and ten days not having intervened before the adjournment
of the General Assembly, and the said bill not having been
returned with the objections of the Council on the first day
of the present session of the General Assembly, the same
bill has become a law.

Given under my hand this eighth day of December,
1835.

A. P. FIELD,
Secretary of State.

AJ^ ACT for the benefit of the persons therein named. j^ ^^^.^^ g^j^

Dec. 1836.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Nancy Mc- Nancy Mc-
Cracken of Bond county, be, and she is hereby authori- i^sed^o^sei'/ '°'
sed and empowered to sell, either at private sale or public certain real
auction, as she shall deem best, one hundred and thirty-three estate.
and a third acres of land, situate in Clinton county, being
in town two north, range five west of the third principal
meridian, and formerly belonging to James McCracken,
decease:l; and now the property of the heirs of said James
McCrac'cen; and the said Nancy McCracken is hereby
empowered to receive and receipt for the purchase money
on such sale.

Sec. 2. The said Nancy McCracken shall, before she Shaiighebond.
performs any act whatever, under the authority of this act,
enter into bond to the people of the state of Illinois, in the
sum of four hundred dollars, with Nancy and Nathan C.
McCracken, James McCracken, and such other person or
persons as security, as shall be required by the court of
probate of Clinton county, conditioned for the faithful per-
formance of the duties imposed on her by this act; which
bond shall be filed with the said court ot probate, and may
in case of the breach of the condition, be proceeded upon
in the manner prescribed by law against administrators
and their securities, on administration bonds.

Sec 3. The said Nancy McCracken, is hereby empow- May make
ered to make, seal and deliver, and acknowledge all neces-<^eed.
eary deeds of conveyance for said land; and when she
receives the purchase money, she is hereby required to

Ccrtificite,

262

purchase other lands with the same, in the county of Bond,
and to take a deed for the same to Nathan McCracken,
James McCracken, and John McCracken, heirs of James
McCracken, deceased; and she is hereb yrequired to make
report of all her proceedings under this act, to the judge
of probate of Clinton county aforesaid.

This bill having been returned by the Council of Revision
at the end of the last session of the General Assembly,
as not acted upon for want of time, and not having been
laid before the legislature on the first day of the present
session, it has become a law the eighth day of December
1835.

A. P. FIELD,
Secretary of State,

Infoire, Jan. AN JlCT to establish tkc Countii of Will.

12, 1836. ^ -^

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

represented 171 the General Assembly, That all that tract of
country lying within the following bounds, to wit: begin-
ning at the north-west corner of township thirty-seven
north, of range nine east, and running thence east, to the
east line of range ten; thence south, six miles; thence east,
six miles; thence south six miles; thence cast, six miles;
thence south, six miles; thence cast, to the state line;
thence south, to the Kankakee, and down the same to the
north line of township thirty-one; thence west, to the west
line of range nine; thence north, to the place of begin-
ning, shall constitute a county, to be called the county of
Will.

fc:u of justice Sec. 3. The permanent seat of justice of said county,
shall be at the village of Juliet; and the public buildings
thereof, shall be erected on the public square, recorded in
the plat of said town as public ground, and adjoining to
section fifteen.

(-^jjijig Sec. 3. The said county of Will shall constitute a part

of the sixth judicial circuit; and a circuit court shall be held
for said county, at some convenient house in the village of
Juliet, until the public buildings shall be erected. The
times of holding said courts, shall be appointed by the judge
presiding on said circuit.

Couuty officers ^EC. 4. All justices of the peace, constables, and the
county surveyor, heretofore elected and commissioned in

263

"t'and for the county of Cook, that now reside within the
above boundaries, shall hold their offices in and for said
county of Will.

Sec. 5. The legal voters of said county, shall meet at Elections
the several places of holding elections, in the ditfercnt pre-
cincts, as now organised, within the above boundaries, on
the first Monday of March next, appoint judges and clerks
of elections, and proceed to elect three county commission-
ers, a sheriff, a coroner, and recorder for said county; and
the returns of said election shall be made by said judges and
clerks, to the justices ot the peace in said county, any three
or more of whom, shall meet at the village of Juliet, with-
in seven days after the said election, and proceed to open
said returns, and in all things perform the duties required
by law of the clerks of county commissioners' courts, and
justices of the peace, in like cases.

Sec. 6. For all officers, except county officers, the coun- officers ht
ty shall vote with the county of Cook, the returns of the chosen.'
elections of which, shall be made to the clerk of the county
commissioners' court, for the county of Will, by whom a
certified abstract of the returns of such election, shall be
made to the clerk of the county commissioners' court of
Cook county, W'ithin seven days thereafter.

Approved, Jan. 13, 1836.

JIN ACT relating' to the Gallatin Saline, and the Lands -, ^

Y , . , ' In loicc .)an.

belonging to the same. jg iqj^

smmissioner

Sec. 1. Be it enacted hy the people of the State of Illinois, Cor
represented in the Gejieral Assembly, That it shall be the to make a mnp,
duty of Tyler D. Hewitt, present commissioner of the ^""^ ''°^^ '"^''^"
Gallatin Saline, to make out an accurate map of the saline
reserve, noting therein, by distinct shades, the amount of
lands that have heretofore been directed to be sold, and such
as have not been directed to be sold. He shall also note on
said map the particular section, or subdivision of a section
that contains salt wells that have heretofore been used, or
are now used for making salt, at said saline: and he shall,
moreover, procure a well bound book, in which he shall en- Piocme a book.
ter, in proper order, the lands that may remain the property
of the state, after the land is taken out which has been al-
ready sold, or directed to be sold; all which he shall fully
certify, with explanatory notes of said map, and a full de-
scription of land not directed to be sold.

264

Coramlssioiiers
to lay off saline
lots, their duty.

Other lots.

To nnmber Sc
mark the lots

Lay off and
number coal
lots.

T<j

toid.

Lots to remain
as common

Lands suojrct
to sale, ^ d ir
what manner.

Sec. 2. That John Crenshaw, Leonard White, Lee
Hargrave, Joseph H. Hayes, William Hewitt, or a majori-
ty of them, be, and they are hereby appointed commission-
ers, to lay off, and report to said commissioner of the Gal-
latin Saline, as many lots of land, to be called saline lots, as
they may think proper, not less than six, in said salines;
which lots shall include the wells that are now affording
salt water, or that are under lease, each well now worked
as aforesaid, to be a lot; and as there are wells not leased
or used, as aforesaid, to lay off such other lots, including old
wells, or prospects for salt water, as shall make up at least
the number of six, as first above mentioned. The commis-
sioners in this section, shall designate in said report, the lots
of land, including the wells, that are now under lease, and
those that are not. Said lots of land, so including wells
and salt water prospects, as aforesaid, shall not consist of
more than forty acres, but may be less, and may be made
without regard to the lines of the United States' survey;
in which latter case they shall report a plat and description
of such new survey, so made, for the purposes aforesaid.
The aforesaid commissioners, after laying off, and properly
marking, by courses and distances, and planting permanent
stones at the corner, and numbering the lots so as to be dis-
tinctly known, shall proceed to select and lay off, a lot of
land to each, upon which there is stone coal, for fuel for such
saline lots, numbering and describing such coal lot, and set-
tino- forth, distinctly to what saline lot it may belong; which
said lots for water and coal, shall be sold, one for water,
and one for coal, together. And at the Half Moon lick,
(which by this act is contemplated to be divided into four
parts,) the said commissioners shall lay off a tract of land
around the saline lots, not exceeding six hundred and forty
acres, outside of said lots, which shall forever remain as
common, for salt making purposes, not more than one-eighth
of which shall be acquired by any one proprietor of a sa-
line lot, at any one time.

Sec. 3. That all the lands and saline lots mentioned in
the foregoing section, shall be subject to sale in the manner,
and under the restrictions hereinafter mentioned, that is to
say: all those lands not included in any of the existing
leases of any part of said saline, and all those saline lots, as
mentioned in the preceding section, that are not included in
any existing lease, shall be offered at public sale, after ad-
vertising the same, with proper description and designation
thereof, in at least five public papers, that is to say: one in
New York, one in Boston, one in Philadelphia, one in Cin-
cinnati, and two in the state of Illinois, at least eight weeks,
commencing at least three months before the day appointed

265

by such advertisement for such sale; said adrertisemctit
shall designate the time and place of such sale. And on
the day appointed as aforesaid, the "commissioners of the CommksionfiV
Gallatin Saline" shall first offer the land so advertised, be-^"*y-
ginning at the lowest number of township, range and sec-
tion, and shall sell the same to the highest bidder; Provided^ Proviso.
That any such bid shall not be less than fifty cents per acre.
And after such sale, as aforesaid, if any of said lands shall
remain unsold, the same may be purchased at private entry,
at fifty cents per acre. And after said lands shall be offered
at public auction, as aforesaid, the said "commissioners of
the Gallatin Saline" shall proceed to offer, at public auction, ^^"'' ^^ ''*
the saline lots, including wells, or salt water prospects, to
the highest bidder; Provided, That if the said lots, last men* Pi-oviso
tioned, shall not sell at such public auction, they shall in no
case be entered at private sale.

Sec 4. That after the expiration of the year eighteen Leases may bs
hundred and forty, the lands now included in any lease, surrendered
and the wells, or salt water prospects, belonging to any sa-*"^*°''^-
line lot, as mentioned in the second section of this act, may
be sold by the commissioners of the Gallatin Saline, in the
manner prescribed in the third section of this act; or if the
said lessees shall, at any time, relinquish their right by lease,
to any of the lands included in any of their respective leases,
the same may be sold as before prescribed; or if they, or
any of the said lessees, shall surrender to the state their
respective leases, of said saline, then the wells, or salt wa-
ter prospects, on said lease, so surrendered, may be sold as
before prescribed, under the same conditions and restric-
tions; Provided, That nothing herein contained, shall be so Pr9vi»«
construed as to permit the present lessees to use or occupy
any of the land included in their respective leases, for any

f)urpose but the manufacture of salt, and all contracts or
eases in relation thereto, by said lessees, shall be void, and
shall not be enforced by any court or jurisdiction in this
state.

Sec. 5. Whenever any of the lands mentioned in the (^rtificaw
foregoing sections, shall have been sold, as therein specified,
it shall be the duty of the commissioner of the Gallatin Sa-
line, to issue his certificate therefor, describing the particu-
lar tract or tracts so sold, the price for which the same was
sold, and the time and place of selling the same; and the
person holding such certificate, or his assigns, may present
the same to the auditor of public accounts, whose duty it
shall be, to make out patents for such tract or tracts.

Sec. 6. Twelve thousand dollars, arising from the sale of ^ppr^piiation
said land, and saline and coal lots, is hereby appropriated sj[i|'necfeek^'
for the erection of a bridge across the Saline creek, at the &c.

Island ripple, and Improving the navigation of said creek

Appropriation and also the sum of six hundred dollars to the county o
to Edwards c'y j2(j^y^^,.^g^ to be expended by the commissioners in vs^orks

of internal improvement in said cou~nty of Edwards.
... Sec. 7. That the sum of eight hundred dollars, be and

for various pur- the Same is appropriated, on the road leading from Equality
poses. to Golconda, one half to be expended under the direction of

the county commissioners of Pope county, and the other
half under the direction of the county commissioners of Gal-
latin. The further sum of eight hundred dollars is appro-
priated to the improvement of the road from Equality to
McLcansborough, one half to be expended in each county,
under the direction of the county commissioners, respect-
ively. The further sum of five hundred dollars is appro-
priated to the improvement of the road leading from Equal-
ity to Carmi, under the direction of Thomas H. Leaviile
and John Kensall. And the sum of one thousand dollars is
appropriated to the improvement of the road from Equality,
across the North Fork, and Cypress creek, to Shawneetown,
under the direction of Henry Eddy and John Grenshaw.
And the further sum of four hundred dollars, to the county
court of Franklin, for the purpose of erecting a bridge across
the Middle Fork of Muddy, on the road leading from Frank-
fort to Mount Vernon. And the further sum of four hun-
dred dollars, to tiie county of Jackson, for the purpose of
building a bridge across the Crab Orchard, on the road lead-
ing from Frankfort to Brownsville. And the further sum of
four hundred dollars to Jackson county, for the purpose of
completing the road across the bottom, on the road from
Brownsville to the Grand Tower. And the further sum of
four hundred dollars, to the county of Washington, to be ap-
plied exclusively to the improvement of the roads in said
county. And the sum of three hundred dollars, to Frank-
lin county, for building a bridge across Pond creek, in the
county of Franklin, on the tvy^o roads leading to Phelp's
prairies, and Brownsville. The sum of five hundred dollars
be, and the same is hereby appropriated to the county of
Union, to improve the road from Jonesboro' to the Missis-
sippi river, at Williard's ferry. The sum of five hundred
dollars be, and the same is hereby appropriated to the coun-
ty of Alexander, for the purpose of building a bridge at
Unity. To the county of Pope, three hundred dollars, one
half on the Petullo bluffi, on the road from Vandalia to Gol-
conda, the other half on the Massac bluffs, to be expended,
the first under the direction of WilHston T. Reed, and the
second under the direction of John Witt. The further sum
of five hundred dollars, to be appropriated under the order
and direction of the county commissioners of Johnson coun-

26^

tj, within the limits of said county. The further sum of f^PP^^'^^''*"
two hundred dollars, to the county of Franklin, to build a
bridge across the saline, on the road from Frankfort to Gol-
conda. The further sum of five hundred dollars, to Ran-
dolph county, to build a bridge across Mary's river, on the
road from Kaskaskia to Liberty. And the further sum of
three hundred dollars, to be applied under the direction of
the county commissioners' court of Lawrence county, to the
improvement of Purgatory, on the Vincennes and St. Louis
road. To the county of Edgar, three hundred dollars, to
be expended under the direction of the county commission-
ers' court of said county, for the improvement of the pub-
lic roads therein. To the county of Jefferson, the sum of
four hundred dollars, to be expended under the direction of
the county commissioners of said county. To the county
of Clay, three hundred dollars, to be applied to the improve-
ment of the Little Wabash bottom. To the county of Perry,
four hundred dollars, to be appropriated under the order
and direction of the county commissioners of said county:
and also to the county of Greene, four hundred dollars;
and to the county of Marion, four hundred dollars; and to
the county of Effingham, one hundred and fitly dollars, to be
expended under the direction of the county commissioners,
in building bridges on the road in said county leading from
Maysville to Shelby ville. To the counties of Coles and
Clark, three hundred dollars, each, to be expended under
the direction of the county commissioners' courts of said
counties, for purposes of internal improvement. And there
shall be paid to the county commissioners' court of the
county of Wabash, the sum of five hundred dollars, to be
expended under its direction, one half thereof to be expend-
ed in improving the navigation of the Bonpas river, and the
residue thereof in improving the state road and mail route,
leading from Mount Carmel to Albion. The residue of the
money, if any, arising from the sales of said saline lands, Residue to be
shall be paid into the treasury of the state, for the use ofP^"i^"^°""'

m- 11 • • 1 treasury.

the state. Timothy Guard is allowed the pre-emption right t. Guard
to part of the fraction on which his coal furnace and stack
now^ stands, for the purpose of erecting thereon a steam
mill, not exceeding four acres, at fifty cents per acre. »

Sec. 8. The commissioners appointed in the second sec- Commissioners
tion of this act, are hereby authorised to lay out and expend to expend ap-
the money appropriated for the improvement of the navi-P'^^"?"^'*""*'
gation of the Saline, in building locks and dams, upon and
across said creek, at such times and places as they may
deem proper; and whenever they may believe there is a
sufficiency of money to justify them in so doing, may com-
mence said work, either by letting it out in parcels, or the

268

whole, or bj employing laborers to work on said improve-
ment; and shall have power to cause the said Saline creek
to be made navigable at all times, for boats drawing two
feet and a half water, as far as Equality, and to improve
the navigation by clearing out rafts, and cut timber out of
the way, as high up as McFarland's mill, on said creek.

Commifss:oneis gj,p^ 9^ 'j'j^g commissioner appointed to sell the land and
lots in this act mentioned, shall, before he enters upon the
duties of his office, enter into bond and security to the peo-
ple of the state of Illinois, in the sum of twenty thousand
dollars, for the faithful performance of his duties as com-
missioner, as aforesaid: and also take an oath faithfully to

ShttJl be sworn /• 1 • j j- l • • !_• 1 i. j u 11

periorm his duties, as such commissioner; which bond shall
be approved of by the county commissioners' court, and
filed in the records of said court. And if he fail to enter
into such bond, his office shall be deemed vacant, after three
aeancy. months from the passage of this act: and it shall be^the duty
of the governor to fill such vacancy; and such bond and se^-
curity shall be required of the commissioner so appointed
to fill the vacancy.
Commissioners Sec. 10. The said commissioner shall, at least once a
to deposite mo- j^Qj^lj^^ deposite all moneys arising from the sale of any
neyin n . j^^^ ^^ j^^^^ .^ ^^^ Bank of Illinois, at Shawneetown; and
once in every three months, report to the auditor of public
accounts, stating particularly the amount of sales, what is
sold, and to whom, and when.
Commissioners ^EC. 11. The Commissioners, and others, authorised to
to draw for lay Out and spend the several sums in this act appropriated,
money. ^^^e hereby authorised to draw for the same on the bank

aforesaid, as the same may be deposited, in the order in
which they stand stated in the sixth and seventh sections of
this act; the county commissioners by a certified order of
said court, and the commissioners, by an order signed by a
Vacancy majority of their number; and in case of a vacancy in said

commissioners, by death, resignation, or otherwise, the re-
maining commissioners shall have power to fill such vacancy,

Approved, Jan. 16, 1836.

J , J AJV AX^T to apportion the Representation of the sercral
14. 1836. Counties in this State.

Sec. 1 . Be it enacted by the people of the State of Illinois,
■represented in the General Assembly, That until tHe next cen-
sus, as provided by the constitution shall have been taken

269

and an apportionment made thereon, the following shall h«
the ratio of representation for this State, viz: that each
seven thousand white inhabitants shall be entitled to one
senator, and each three thousand white inhabitants shall be
entitled to one representative, to be apportioned and divided
as follows, to-wit: The counties of Alexander and Union,
one representative each, and the two together one senator;
the counties of Johnson and Pope, one representative each,
and the two together one senator; the county of Gallatin,
three representatives and one senator; the counties of Ham-
ilton and Jefferson, one representative each, and the two
together one senator; the county of Franklin, two represen-
tatives, the county of Jackson, one representative and the
two together one senator; the counties of Washington and
Perry, one representative each, and the two together one
senator; the county of White, two representatives and one
senator, the counties of Edwards, Wayne and Wabash, one
representative each, and the three together one senator; the
county of Lawrence shall,at the next general election, elect
two representatives, and at the succeeding biennial election
one representative; and at the said first general election, the
counties of Crawford and Jasper shall elect one represen-
tative, and at the succeeding biennial election two repre-
sentatives together, and so on alternately thereafter, until
another apportionment shall be made, and the three coui^t
ties together one senator; the county of Edgar, two repre^
sentatives, and one senator; the county of Coles, two rep-=
resentatives, the county of Clark, one representative, and
the two together one senator; the county of Vermillion
three representatives, the county of Champaign, one repre-
sentative, and the two together one senator; the county of
Madison, three representatives and one senator; the counr
ty of St, Clair, three representatives and one senator; the
county of Monroe, one representative, and the three last
mentioned counties together one senator; the county of
Randolph, two representative and one senator; the counties
of Clinton and Marion, one representative each, and the
two together one senator; the counties of Bond and Mont-!
gomery, one representative each, and the two together one
senator; the counties of Fayette and Ef^ngham, together,
two representatives, the county of Clay, one representative,
and the three together one senator, the county of Shelby,
one representative and one senator; the county of Greene,
three representatives and one senator; the counties of Cal-^
hour} and Greene, one representative and one senator t(h
gether; the county of Macoupin one representative and one
senator; the county of Morgan, six representatives and three
senators; the county of Sangamon^ seven representative^

270

and two senators; the county of Tazewell, two represen-
tatives and one senator; the county of McLean, two repre-
sentatives, the county of Macon one representative, and the
two together one senator; the county of Adams, two repre-
sentatives and one senator; the county of Pike, two repre-
sentatives and one senator; the county of Schuyler, two
representatives and one senator; the county of Fulton, two
representatives and one senator; the counties of McDon-
ough and Hancock, one representative each, and the two
together one senator; the counties of Warren, Knox and
Henry, the three together one repreientative and one sen-
ator; the county of Cook, three representatives and one sen-
ator; the county of La Salle, one representative and one
senator; the county of Iroquois shall vote for the senator
to be elected in La vSalle county, and elect one representa-
tive alone, the counties of Putnam and Peoria, one repre-
sentative each, and the two together one senator; the coun-
ties of Jo Daviess, Mercer and Rock Island, together, two
representatives and one senator.
O.untiesioincd ^^^* ^* Whenever, in the preceeding section, two or
together made more counties are joined together for the purpose of electing
riKtriets. representatives or senator, they shall form, and are hereby

constituted, districts for that purpose,
perks duty, Sec. 3. At all future elections for senator or representa-

tives the clerks of the county commissioners' courts of the
counties of Alexander and Union, shall meet at the seat of
justice of Union county, to compare the returns of election
for senator in said district; the district composed of the
counties of Johnson and Pope, the clerks of the county
commissioners' courts of said counties, shall meet at the seat
of justice of Pope county, to compare the returns of election
for senator for said district; the district composed of the coun-
ties of Jefferson and Hamilton, the clerks of the county com-
missioners' courts of said covnties, shall meet at the seat of
justice of Jefferson county, to compare the election returns
for senator in said district; the district composed of the
counties of Franklin and Jackson, the clerks of the county
commissioners' courts of said counties, shall meet at the seat
of justice of Franklin county, to compare the election re-
turns for senator in said district; the district composed of
the counties of Washington and Perry, the clerks of the
county commissioners' courts of said counties, shall meet at
the seat of justice of Washington county, to compare the
election returns for senator in said district; the district com-
posed of the counties of Edwards, Wayne, and Wabash, the
clerks of the county commissioners' courts of said counties
shall meet at the seat of justice of Edwards county, to com-
pare the election returns for senator in said district: the

271

representative district composed of the counties of Crawford
and Jasper, the clerks of the county commissioners' courts
of said counties, shall meet at the seat of justice of Crawford
count}^ to compare the election returns for representatives'
in said district; the senatorial district composed of the
counties of Lawrence, Crawford, and Jasper, the clerks of
the county commissioners' courts of said counties shall meet
at the seat of justice of Crawford county, to compare the
election returns for senator in said district; the district com-
posed of the counties of Coles and Clark, the clerks of the
county commissioners' courts of said counties shall meet at
the seat of justice of Coles county to compare the election
returns for senator in said district; the district composed of
the counties of Vermillion and Champaign, the clerks of the
county commissioners' courts of said counties shall meet at-
the seat of justice of Vermillion county, to compare the
election returns for senator in said district; the district com"
posed of the counties of Madison, St. Clair and Monroe,'
the clerks of the county commissioners' courts of said coun-
ties, shall meet at the seat of justice of St. Clair county, ta
compare the election returns for senator in said district^
the district composed of the counties of Clinton and Mariori,
the clerks of the county commissioners' courts of said coun-
ties shall meet at the scat of justice of Clinton county, to
compare the election returns for senator in said district;
the district composed of the counties of Bond and Mont-
gomery, the clerks of the county commissioners' courts of
said counties, shall meet at the seat of justice of Montgom-
ery county, to compare the election returns for senator in
said district; the senatorial district, composed of the coun-
ties of Fayette, Effingham and Clay, the clerks of the coun-
ty commissioners' courts of said counties, shall meet at the
seat of justice of Effingham county, to compare the election?
returns for senator in said district; the representative dis-
trict composed of the counties of Fayette and Effingham,-
the clerks of the county commissioners' courts of said coun-
ties, shall meet at the seat of justice of Effingham county"
to compare the election returns for representatives in said
district; the district composed of the counties of Greene
and Calhoun, the clerks of the county commissioners' courts
of said counties, shall meet at the seat of justice of Green«
county, to compare the election returns for senator and rep-
resentatives in said district; the district composed of the
counties of McLean and Macon, the clerks of the county
commissioners' courts of said counties shall meet at the seat
of justice of McLean county, to compare the election returns
for senator in said district; the district composed of the
counties of McDonough and Hancock, the clerks of the

2T2

tounty commissioners' courts of said counties sIkiII meet at
the seat of justice of McDonough county, to compare the
election returns for senator in said district; the district com-
posed of the counties of Warren, Knox and Henry, the
clerks of the county commissioners' courts of said counties,
shall meet at the seat of justice of Knox county, to compare
the election returns for senator and representatives in said
district; the district composed of the counties of La Salle
and Iroquois, the clerks of the county commissioners' courts
of said counties shall meet at the seat of justice of La Salle
county, to compare the election returns for senator in said
district; the district composed of the counties of Putnam
and Peoria, the clerks of the county commissioners' courts
of said counties shall meet at the seat of justice of Peoria
county to compare the election returns for senator in said
district; the district composed of the counties of Jo Daviess,
Mercer, and Rock Island, the clerks of the county commis-
sioners' courts of said counties, shall meet at the seat of jus*
tice of Jo Daviess county to compare the election returns
for senator and representatives of said district.

Sec. 4. The clerks of the county commissioners' courts
t5lbiks to meet, above named, shall meet at the several places before men-
tioned, within fifteen days next after any election for senator
or representatives, in any of thesaid districts, for the purpose
of comparing the votes given at such election.
Senators to be Sec. 6. Within the first thirty days of the session of the
tlasMii. senate, the additional senator to be elected from Morgan

county, and the senator to be elected from Cook county, and
the senator to be elected from Pike county, and the senator
to be elected from Macoupin county, and the senator to be
elected from Fulton county, and the senators to be elected
from the districts composed of the counties of La Salle and
Iroquois, McLean, Macon, Calhoun, Greene, Putnam, Peo-
ria, Madison, St. Clair, Monroe, Hancock, McDonough,
Warren, Knox, Henry, Coles, Clark, Washington, and Per-
ry, shall proceed to divide by lot their said number into two
classes, the first class of which shall serve until the expira-
tion of two years from the first Monday in August, eighteen
hundred and thirty-six, and the second class shall serve four
years from the first Monday in August, eighteen hundred
and thirty-six; and in case of any vacancy occurring in any
of the aforesaid offices, the same shall be filled in the manner
prescribed by law for filling vacancies in the General Assem-
bly.

Approved^ Jan. 14, 1836»

273

AN ACT to establish certain Counties. iS/S^^"

Seg. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That all that tract McIIe.uy
of country witlmi the following boundaries, to wit: Begm- county and
ning at a point on Lake Michigan, where the township line '^O'^''^^'-} -
dividing townships forty-two and forty-three, strikes said
Lake, and running thence west along said line, to the east
line of range number four cast of the third principal meri-
dian; thence north to the northern boundary line of the
state; thence east to Lake Michigan; thence along the
shore of said lake to the place of beginning, shall consti-
tute a new county, to be called McHenry.

Sec. 2. That all that tract of country within the follow- Winnebago
ing boundaries, to wit: Commencing at the southeast cor- |J°™:j^;^^J]'^
ner of township number forty-three, range number four,
east of the third principal meridian, and running thence
w^est to the said meridian; thence north along the line of
said meridian, to the south east corner of township number
twenty-six, in range number eleven, east of the fourth prin-
cipal meridian; thence west to the dividing lino betv/cen
ranges number seven and eight; thence north along said
dividing line to the northern boundaiy line of the state;
thence east along said boundary line to the north east cor-
ner of range number four, east of the third principal meri-
dian; thence south to the place of beginning, shall consti-
tute a county, to be called Winnebago.

Sec 3. That all that tract of country within the follow- -^^ Daviess

1 • • T-. • • ' X -J xi coantv and

mg lines and boundaries, viz: Jjeginmng at a point on the ^q „„ia,.y.
river Mississippi, where the northern boundary line town-
ship twenty-two strikes said river, and running thence cast
along said line, to the dividing hne between ranges number
seven and eight, east of the fourth principal meridian;
thence north along said dividing line to the northern boun-
dary line of this state; thence west with said line to the
Mississippi river; thence dov/n the Mississippi river, to the
point of beginning, shall constitute the county of Jo Da-
viess.

Sec. 4. That all that tract of country included within ^^^^^ county
the following boundaries, viz: Commencing at the north and boundary.
east corner of township number forty-two north, range num-
ber eight, east of the third principal meridian, and running
thence south, to the south east corner of township number
thirty-seven, in the range aforesaid; thence west to the
south east corner of township number thirty-seven, range
number two, east of the third principal meridian; thence
north with the range line, between two and three, to the
northern boundary line of township number forty-two;

2t4

thence east along said line to the place of beginning, shall
constitute a county to be called Kane.
Ogle county Sec. 5. That all that tract of country included within

and boundary. ||^g following boundaries, viz: Commencing at the south
west corner of township number nineteen north, range
eight, east of the fourth principal meridian, and running
thence noith along the range line, dividing ranges number-
ed seven and eight east, to the south west corner of township
number twenty-six, north of range number eight east;
thence east to the third principal meridian; thence south
along the line of said meridian, to the south west corner of
township number forty three north, of range number one,
east of the third principal meridian; thence east with the
line dividing townships numbered forty-two and forty-three
north, to the south cast corner of township number forty-
three north, of range two, east of the third principal meri-
dian; thence south with the line between ranges numbered
two and three, east of the third principal meridian, to the
south east corner of township thirty-seven north; thence
west with the line dividing townships thirty-six and thirty-
seven north, to the south west corner of township thirty-
seven north; thence south with the third principal meridian,
to the south east corner of township number nineteen,
north of range eleven, east of the fourth principal meridian;
thence west with the line between townships numbered
eighteen and nineteen north, to the place of beginning,
shall constitute a county to be called Ogle,
v.iutoside Sec. 6. And that all that tract of country within the

bou'ndaiT° following boundary, viz: Commencing at the south east
corner of township numbered nineteen north, of range
seven, east of the fourth principal meridian; thence west
with said township line to Rock river; thence down along
the middle of Rock river, to the middle of the Meredocia;
thence along the middle of the Meredocia, with the line of
Rock Island county, to the Mississippi river; thence along
up the middle of the main channel of the Mississippi river,
to the point where the north line of township twenty-two
intersects the same; thence east with said last mentioned
tov/nship line, to the south east corner of township twenty-
three; thence south with the line between ranges seven
and eight, to the point of beginning, shall constitiite a
county to be called Whiteside.
Commissioners Sec. 7. The counties of Winnebago, Ogle, and Kane,
appointed to lo- hereby created, shall be organized in the following manner,
c.=^'^ ^J^' ?fj"^- to wit: For the purpose of fixing the permanent seat of
b^o°countJ?*'' justice of Winnebago county, the following persons are
appointed commissioners, viz: Robert Stephens, Rezin
Zarley, of Cook county, and John Phelps of Jo Daviess

county, who, or a majority of them, being duly sworn be-^^^^* *^'°'"-
fore some justice of the peace of ihis state, faithfully to
take into view the convenience of the people, the situation
of the settlements, with an eye to future population, and
eligibilitv of the place, shall meet at the house of Daniel ^•\''--f ^•'^ '

^, ».«., r ' :^ , •t, 1 c nT wheu to meet.

Hart, in said county, on the first Monday ot May, or as soon
thereafter as may be, and proceed to . xamine and deter-
mine on a place for the permanent seat of justice of said
county, and designate the same: Provided, T 'tint the said r^oviso.
county scat shall be located on lands belonging to the Uni-
ted States, if a site for said county seat on such lands can
be found equally eligible, or upon lands claimed by citizens
of said county; but if such location shall be made upon
land claimed by any individual having title or a pre-emption
right to the same, the claimant or proprietor upon whose
claim or right of pre-emption, the said seat of justice may
be located, shall make a deed in fee simple to any number
of acres of said tract, not less than twenty, to the said
county; or in lieu thereof, such claimant, or owner or own-
ers of such pre-emption right, shall donate to the said
county, at least three thousand dollars, to be applied to
builHing county buildings, within one year after the loca-
tion of said county seat; and the proceeds of such quarter
section, if the said county seat shall be located oa govern-
ment lands, or the proceeds of such twenty acres of land,
if it be located on the pre-emption right of an individual
or individuals, or the said three thousand dollars, in case
such pre-emption right owner or owners, shall elect to pay
that sum in lieu of the said twenty acres, shall be appropri-
ated to the erection of a sufficient court house and jail.

Sec 8. Until public buildings shall be erected for the ,
purpose, the courts shall be held at the house of Germani- j^Ji^j'^'^'^j ^
cus Kent, or of Daniel Hart, as the county commissioners Kent's or D.
shall direct. Hart's.

Sec. 9. An election shall be held at the house of Ger- Election.
manicus Kent, in said county, on the first Monday of May
next, for one sheriff, one coroner, one recorder, one county
surveyor, and three county commissioners, who shall hold
their offices until the next succeeding general election, and
until their successors are qualified; v.hich said election
shall be conducted in all respects, agreeably to the provis-
ions of the law regulating elections: Provided^ That thepj.o^.jo
qualified voters present, may elect from among their own
number, three qualified voters to act as juuges ot said elec-
tion, who shall appoint two qualified voters to act as
clerks.

Sec. 10. For the purpose of fixing the permanent coun-
ty scat of Kane county, the following named persons, are

Commissioners
to fix seat of

2?6

appointed commissioners, viz: James B. Campbell, of Cook
county, L. Kimball, of La Salle county, and Thomas Ford,
of Peoria coimtj, who, or a majority of them, being first
duly s^yorn before some justice of the peace of this state,
as required in the seventh section of this act, shall meet at
the house of Abraham Holderman in I^a Salle county, on
the third Monday in April next, or within sixty d^ys there-
after, and shall proceed as is required in the seventh section
of this act, to locate the county seat of said Kane county.
Sec. 11. For the purpose of fixing the permanent county
juslice'of Ogle seat of Oglc county, Charles Reed, of Cook county, James
county. L. Kirkpatrick, of Jo Daviess county, and James B.

Campbell, of Cook county, arc hereby appointed commis-
sioners, who, or any two of then>, being first duly sworrt
before some justice of the peace of this state, as is required
To be sworn, by the seventh section of this act, shall meet at the house
Wheve&vvhenoi' Oliver W. Kcllogg, in Said county, on the first Monday
in May next, or within sixty days thereafter, and shall
proceed in all respects as is required in the seventh section
of this act, v/here the same is applicable.

Sec. l2. The county and circuit courts of said Kane
to 130110^ ;'/ ^^^ Ogle counties, sliall be held at such place as the county
Kane, c\ic, Commissioners' courts respectively, shall appoint; and the
& Winnebago. (.jj.(.yij;j^^(jgg ^f the sixth judicial circuit, shall have power
to fix the times for holding circuit courts in said Winnebago,,
Kane, and Ogle counties, as in his discretion he may think
will best promote the public good; which said counties shall
be attached to, and form a part of the sixth judicial
circuit.
Elections. i^^^.^ 12, And elections shall be held in sold Kane and

Ogle counties, for county ofiicers, in the following manner,
viz: In the county of Kane, at the house of James Herring-
ton, on the first Monday in May next; and in the county
of Ogle, on the first Monday in April next, at the house of
John Phelps, and shall be regulated and conducted in the
same manner as is prescribed in the ninth section of this act,
where the same is applicable.
Clerks to give Sec. 14. It shall bc the duty of the clerks of the circuit
notice of eiec- courts of thc countics hereby organized, to give notice at
tionsL-c. least ten days previous to the elections to be held, as is
above provided in said counties; and in case there shall bc
no clerk in said counties, it shall be the duty of the clerk
of thc commissioners' court of Jo Daviess county, to give
notice for the elections to be held in the counties of Win-
nebago and Ogle; and for the election to be held in the
county of Kane, notice shall be given in like manner by
the clerk of the county commissioners' court of Cook
county.

Sec. 15. The citizens of the counties hereby created, Privileges.
are entitled in all respects to the same rights and privileges,
as are allowed in general to other counties in this
state.

Sec. 16. The counties of Winnebago, Whiteside, and Winnebago,
Ogle, shall continue to form a part of the county of Jo q Jf'^auached
Daviess, until they shall be organized according to this act, to jo Daviess.
and shall continue to be attached to said county in all gen-
eral elections, until otherwise provided by law. The Kane attached
county of Kane, shall continue to form a part of the county ^° ^'^ ^^^'°-
of La Salle, until it shall be organized; and the voters of
said county shall vote with said county of La Salle, in all
elections for state officers. The county of McHenry, shall tacSl^cSk.
continue to form a part of the county of Cook until it shall
be organized; and the voters of said county, shall vote with
the county of Cook in all general elections, until otherwise
provided by law. After the organization of Ogle county, ^y, .
the county of Whiteside shall be attached to the said tached to Ogle.
county of Ogle, for all judicial and county purposes, until
it shall be organized.

Sec. 17. The commissioners appointed to locate said Commissioners
county seats, shall receive the sum of one dollar and fifty compensation.
cents per day, for each day by them necessa.rily spent in
discharging the duties imposed on them by this act, to be
allowed by the county commissioners' courts of said coun-
ties respectively, and lo be paid out of the county treasuries
respectivel3%

Sec 18. No one of the counties created by this act shall Petition foi-
be organized, and no election hereby authorised, shall be con. eyance.
held, until a petition shall be presented to the judge of the
sixth judicial circuit, or in his absence, some other circuit
judge,^^signcd by a majority of the voters of the county
asked' to be organized, and proof made before such judge,
that such county contains at least three hundred and fifty
white inhabitants; and upon such petition being presented,
and such proof made, the said judge is hereby authorised Judges duty.
and required to gra«nt an order for the election of county
officers, naming the day for such election; the place at
Avhich such election shall be held, the description of offi-
cers to be elected, and appointing the judges of elections;
and the said judges of election shall give public notice of
said election, by posting up notices in at least four public
places in the county; and such election shall be held and
conducted in all respects as other elections.

Sec. 19. The judges of elections shall deliver to each jndges of
officer elected, a certificate of his election. The poll elections duty
books shall be retained by them, until a clerk of the county
commissioners' court shall be apppointed, and then deliver

2'J'8

County com-
missinners to
be sworn.

Court t'j ap-
point clerk &c

Clerk's duty.

Officer's duty.

said books to such clerk; thej shall also transmit to the
secretary of state, an abstract of the votes given at such
election, in the same time, manner and form as is required
of clerks of county commissioners' courts in elections in
other counties in this state.

Sec. 20. After the election of county officers, as herein
provided, the persons elected county commissioners, are
hereby authorized to administer the oaths of office to each
other; and they are severally authorised to administer the
oaths of office to all other county officers. And said com-
missioners shall, vpithin ten days after their election, meet
together as a court, appoint a clerk, and lay off their county
into justices' districts, and order elections to be held for
justices of the peace and constables, at a time to be fixed
by them; and justices of the peace and constables elected
shall hold their offices until others arc elected and qualified
under the law providing for the election of justices of the
peace. The clerks of county commissioners' courts shall
deliver to each person elected justice of the peace and
constable, a certificate of such election; and each person
elected justice of the peace is hereby authorized, upon
executing bonds as required by law, to enter upon the duties
of his office, and to exercise and perform all the duties of
justice of the peace, as fully as though such power had
received a commission from the Governor.

This act shall be in force from its passage.

Approved, Jan. 16, 1836,

REPORTS

OF THE

AUDITOR AND TREASURER,

TO THE

GENERAL ASSEMBLY,
DECEMBER, 1835.

AUDITOR'S REPORT.

State of Illinois, Auditor's Office,)
Vandalia, December I6th, 1835. ^
To the Honorable, the

Speaker of the House of Representatives :

In compliance with the resolution of the House of
Representatives of the 15th instant, I have the honor to submit
the enclosed statements, marked "No. 1" and "No. "2," show-
ing the total amount of Receipts and Expenditures, at the
Treasury, during the year, ending vvrith the 30th of November,
1835.

I have the honor to be,

very respectfully.
Your obedient servant,

LEVI DAVIS,

Aud. Pub. Acc'ts.

280

NO. 1.

Total amount of Receipts and Expenditures, at the Treasury, from
the 20th Mvember, 1834, to 30th JVovemher, 1835.

ON WHAT ACCOUNT RECEIVED. ' AMOUNT. AMOUNT.

Amount remaining in the treasury 30th

November, 1834, |296 66

Amount received from non-residents, 3,977 86

Amount received from sheriffs, 24,033 91

Amount received fi'om sale of Vandalia

lots, 284 18

Amount received from sales of seminary

lands, 14,570 52

Amount of state paper funded, inclu-
ding interest on same, 216 98

Amount received from the revenue

clerks, 11,617 25

Amount received from the trustees of

James Hall, late treasurer, 631 71

Amount received from debts due the

State Bank and branches, 2,502 18

Amount received from sales of Vermil-
lion saline lands, 10,574 21

Amount received from sales of Gallatin

saline lands, 454 79

Amount received of commissioner of

school fund, 27,832 20

96,992 45

To this add the amount of redemption

money received, 930 */2

Total amount, |97,923 17

Amount of auditor's warrants paid at

the treasury, from 30th Nov., 1834,

to 30th Nov., 1835, |69,l02 70

Amount of money refunded, 187 42

Amount paid interest on the loan of

1 100,000, to 1st July, 1835, 3,000 00

Amount of interest allowed on state

paper received for taxes, 102 86

Amount of interest allowed on state

paper, funded at the treasury, 42 48

Amount of funded stock redeemed at

the treasury, 3,391 26

Amount of state paper burned, 1,085 50

Amount of taxes refunded on lands

sold for taxes and redeemed, ^1 66

381

Amount of interest allowed on state
paper received on account of State
Bank, 96 30

Amountof redemption money paid out, 1,255 09

Leaving a balance in the treasury on -^- —

the 30th November, 1835, of $19,316 90

REDEMPTION ACCOUNT.

Amount of redemption money i'emain-
ing in the treasury on the 1st of De-
cember, 1834, ^ |877 96

Amount of redemption money receiv-
ed from 30th November, 1834, to
30th November, 1835, 930 72

1,808 68

From this sum deduct the amount of
redemption money paid out during

the same time, 1,255 09

Leaving a balance of redemption mon- "^^

ey in the treasury on the 1st of De-
cember, 1835, of |553 59

Amount of Auditor'' s warrants drawn on the Tteasuri) from the
30th November, 1834, to 30th JVovember^ 1835, for the current
expenses of the State, and charged to the following accounts^ viz:

The General Assembly session 1834-5, $23,609 88

The judiciary, 7,117 46

The governor, 873 28

The secretary of state, 1,075 OO

The auditor, 1^831 02

The treasurer, 1,652 05

Circuit attorneys, 906 06

The attorney general, 349 73

Special appropriations, 13,561 95

Incidental expenses, 704 53

Contingent fund, 878 II

Warden of the penitentiary, 360 10

Penitentiary inspectors, 200 00

Counties on the Military tract, 4,l60 00

Postage, 363 34

Militil, 815 00

Contingent fund for penitentiary, 1,250 00

28^

Interest on funded stock, 293 11

Appropriations for Great Wabash, 6,686 71

Appropriations for penitentiary, 62 10

Amount of outstanding warrants
against the treasury, on the 1st
December, 1835, 2,190 01

To which add the amount of school

fund warrant, 28,283 80

66,729 43

30,473 81

From this sum deduct the amount of
money in the treasury, on the 30th
of November, 1835, 19,316 90

Leaving a balance against the treasu-
ry on the 1st December, 1835, of $11,156 91

The following sums become due to the State in March and ^pril,

1836:
From the revenue clerks, $36,357 25

From sheriffs, 6,722 08

-$43,079 33

State of Illinois, Auditor's Office,)
Vandalia, Dec. 16, 1835. 5

LEVI DAVIS, AiuL P b, AccowUs.

NO. ^.

A statement of the amount drawn from the Treasury on account of
the Contingent Fund, from ZOth JVovember, 1834,1<o 30th No-
vember, 1835.
18^4.
Dec. 1. To John S. Roberts, for work done on

state hous2, $5 00

" Warrants to John D. Hughes, for the
apprehension of Hopkins and Johnson^
fugitives from justice, 103 60

" Warrants to Wm. Redmond, for work

done on state house, 38 75

" Warrants to Bryant Whitfield, for

work done on state house, 27 00

6. " Warrants to William D. Haynie, for

•^3

repairing state house, and furnishing
materials, 11 00

« Warrants to R. Porter, for materials

furnished for plastering state house, 6 00

10. " Warrants to Thomas A.. Gatewood,

for work done on state house, 5 16

16. " Warrants to S. & J. Francis, for pub-
lishing governor's proclamation for the
apprehension of N. Payne, 9 50

20. " Warrants to D. Merrill, for the appre-
hension of H. Shouse, a fugitive from
justice, 100 00

22. " Warrants to Abraham & William
Duncan, for the apprehension of Hez-
ekiah Garret, a fugitive from justice, 200 00
1835.

Jan. 21. " Warrants to Francis Arens, for pub-
lishing governor's proclamation for the
apprehension of N. Payne and E.
' Hankins, and holding congressional

election, 12 00

22 " Warrants to J. G. Edwards, for pub-
lishing governor's proclamation rela-
tive to the penitentiary, for congres-
sional election, apprehension of Sulli-
van, adjutant general's notice, &c., 14 50
" Warrants to Joseph Hocket, for re-
pairing state house, 3 00
Feb, 3. " Warrants to Brooks & Pettit for spe-
cial election in 3d congressional dis-
trict, 3 00

13. « Warrants to J. T. Bradley and J. C.

Sprigg, for copying rail road and ca-
nal bills, 13 00

14. " Warrants to J. Demint, for conveying

school fund from St. Louis, and for
services in depositing $3,000 00 in
bank, at St. Louis, and obtaining a
check to pay interest on loan, 195 OO

1834.

house, (omitted above,) 8 00

1835.

March 20. " Warrants to John C. Sprigg, for ma-
king out certified copies of certain
laws for the use of the executive, 25 50

June 4. " Warrants to Gatewood and Oliver for
publishing goveraor's proclamation rel-

'264

ative to elections, &c., 7 50

15, " W. E. Woodruff for advertising in

the Arkansas Gazette, the governor's
proclamation for the apprehension of
Hezekiah Garrett, 5 00

20. " R. W. Clarke, for publishing govern-
or's proclamation for the apprehension
of N. Payne, 3 OQ

July 21, " Warrants to J. Y. Sawyer, for publish-
ing governor's proclamation in relation
to the Shawneetown bank, and for
election of senator of Jo Daviess
county, 11 80

Ang. 31. " Warrants to J. S. Gordon, for hair

furnished for plastering state house, 3 50

** Warrants to William J. Hockett, for

repairing state house, 1 50

^' Warrants to William P. Milton, for ad-
vertising H. Garrett, a fugitive from
justice, 7 00

Oct. 10. " Warrants to_,T. Condit, for services
and expenses in removing public rec-
ords from Vandalia to Rushville, 44 OQ
31. " Warrants to J. Y. Sawyer, in full, for

f)ublishing governor's proclamation,
egislature and treasurer's notice; of
what kinds of money would be receiv-
ed into the treasury, 14 90

|878 11
^TATE or Illinois, Auditor's Office,)
Vandalia, Dec. I6th, 1835. 5

LEYl PA VIS, Jiv,ditor Public Accounts.

TREASURER'S REPORT.

State of Illinois, Treasurer's Office,
Vandaliuy December 16, 1835.
SIR^

In conformity to a resolution of the House of Repre-
sentatives, requesting the Auditor and Treasurer to make a
report to the present General Assembly, of the Receipts and
Expenditures of the public money, I have the honor to submit

285

the following statement of the transactions of this office, from
the first day of December 1834, to the 30th day of November
1835, inclusive, vs^hich presents the monthly receipts and
payments, and an account current, shewing on what account
the receipts and disbursements were made, and the balance
remaining in the Treasury on the last tnentiorjed day;
also an appended statement, shewing the balance in tho
Treasury on the present day.

All of which is respectfully submitted.

JOHN DEMENT, Treasurer

of the State of Illinois-.
JThe Honorable,

The Speaker of the House of Hepresentatives*

Report of Receipts and Payments at the Treasury of the State
of Illinois^ from \st December, 1834, to 3Qth JVovember, 1835,
inchmve.

RECEIPTS.

PAYMENTS.

1834. December,

5,853 98

1834.

December,

4,034 33

J 835. January,

12,607 04

1835.

January,

13,210 44

" February,

53,440 02

ii^

February,

28,577 94

<' March,

16,249 63

March,

4,583 66

« April,

2,377 94

April,

3,849 60

" May,

358 58

May,

4,285 17

" June,

141 15

June,

3,362 99

« July,

1,409 72

July,

4,789 93

" August,

2,997 68

August,

1,993 30

" September,

890 00

September,

1,321 40

** October,

947 85

October,

7,469 91

" November,

352 98

November,

875 60

97,626 51

To which add bal-

ance in Treasu

ry,

on 30th November

1834. . - -

- 296 66

97,923 17

78,606 27

178,606 27

|19,316 90

JOHN DEMNET, Treasurer.

'286

John Dement^ State Treasurer, in account zvith tjie State of

Illinois.

RECEIPTS.

To amount of balance in the Treasury on 30th

November, 1834, 996 66

" amount received from Sheriffs, (including
$60 received on account of revised laws,)
from 1st December, 1834, to 30th No-
vember, 1835, inclusive, 24,033 09

amount of taxes paid into the Treasury,

during same time, 3,977 86

amount of State paper funded, during same
time, 216 98

amount received from sate of Seminary

lands, during same time, 14,570 52

amount received from Trustees of James

Hall, late Treasurer, during same time, 631 71

amount received from County Commission-
ers'Clerks, during same time, 11,617 25

amount received for dtbts due the State

Bank and Branches, during same time, 2,502 18

amount received from sale of Vermillion

Saline lands, during same time, 10,574 21

amount received of School fund, during

same time, 27,832 20

amount frome sale of Gallatin Saline lands,

during same time, 454 79

amount received from sale of Vandalia

lots, during same time, 284 18

amount of Redemption money received

during same time, ' 930 72

$97,923 17

287
PAYMENTS.

By amount paid (refund,) from 1st Deceni-

ber, 1834, to 30th November, 1835',

inclusive,
" amount of taxes refunded on lands redeem-
ed, during same time,
« amount of Auditor's Warrants paid, during

same time,
" amount of Interest on State paper, during

same time,
** amount of do. on do., when funded, during

same time,
*' amount of do. on ditto., paid into Treasury

on account of State Bank, during same

time,
■" amount of State paper burned, during

same time,
" amount of Interest on Loan of ^100,000,

to 1st July, 1835,
" amount of Funded Stock redeemed, during

same time,
^' amount of Redemption money paid, during

same time,

187 4J^

341 66

69,103 70

102 86

42 48

96 3(1

1,085 50

3,000 00

3,391 26

1,255 09

78,606 27
Balance in the Treasury on 30th November, 1835, 19,316 90

|97,923 17

REDEMPTION ACCOUNT.

To amount of Redemption money remaining

in the Treasury on 1st December, 1834, 877 96

" amount of Redemption money received
from 1st December, 1834, to 30th No-
vember, 1835, inclusive, 930 73

1^)S 68

By amount of Redemption money paid from
1st December 1834, to 30th November,
1835, inclusive, 1,255 09

$553 59

JOHN DEMENT, Treasurer,

288
APPENDED STATEMENT.

To balance in the Treasury on 30th November,

1835, as above stated, 19,316 90

To which add amount of receipts into tho
Treasury, from 1st to 16th December,
1835, inclusive, 587 59

By amount of payments during the same time;
To wit:

Paid Auditor's Warrants, 5,85^ 70

" Refund, 6 61

« Interest on loan of $100,000
being the instalment due 1st Jan-
uary, 1836, 3,000 00

8,860 31

Balance in the Treasury on 16th December,

1835, $11,044 18

JOHN DEMENT, Treasurer,

INDEX.

PAGE.

ALTON — Wabash and Erie rail road company incor-
porated 16
Alton and Shawneetown " 51
Alton, Jacksonville and Galena turnpike road

company " 115

Alton shot and lead manufacturing co. " 143
Alton female institute " 178

APPROPRIATIONS— A ct making partial 229

For the years 1835-6 241

APPORTIONMENT— Of representatives tixed 268

Belleville and Mississippi rail road company incorporated 1
Beardstown and Sangamon canal company " 97

Burnt Prarie manual labor school " 163

Bloomington female seminary " 175

BOONVILLE — Act concerning the town of-(survey va-
cated) 188
Boles John and James L. Kirkpatrick — Bridge across Fe-
ver river 197
BROOKS B. W.— Compensation to 230
BANK OF THE STATE OF ILLINOIS— Supplement

to the charter of 237

Bills of to be received in payment of the rev-
enues 244
BRIDGES — County commissioners of Sangamon county

to build across Sangamon river. 189

John Bowles and James L. Kirkpatrick, toll

across Fever river 197

Samuel V/itter across Little Wabash 199

Wm Seeley Big Vermillion 200

William Kirkpatrick Winnebago swamp 212

^Chicago marine and fire insurance company incorporated 30

Carlyle bridge company " 43

-Chicago hydraulic company "112

Carmi academy ' " 158

Chatham manual labor school " 167

•290

PAGE.

CHICAGO — Corporate powers of the town of, changed 180
CANALS — Beardstown and Sangamon company incor-

corporated 97

ILLINOIS & MICHIGAN— An act for the construction

of 145

Governor required to negociate a loan on

faith of the state ib

" shall cause to be constituted certificates

of stock ib

Transferring of stock 146

Certificates of to be sold ib

Canal fund ib

Commissioners, how appointed ib

Term of service, salary, &c. ib

Commissioners incorporated 147

" shall be sworn ib

" to give bond ib

" " to contract for all materials and labor ib
Dimensions of canal ib

Materials exempt from execution 149

Commissioners to sell town lots in Chicago

and Ottowa 150

" prohibited from purchasing canal lands 152
" to report to governor quarterly and an-
nually 153
Commencement and termination of canal ib

COLLEGES — Corporations of certain amended 181

COUNTIES — Special election for senators in Morgan 105
Certain state roads laid out in Morgan 184

-^ Commissioners of Sangamon authorised to

build a bridge across Sangamon river 189
Tazewell, School lands in 228

COURTS, CIRCUIT— Terms of in third judicial circuit

changed 228-258

" fourth judicial circuit changed 239

" first and second " " 257

COUNTIES— Union, certain school lands in, to be sold 230
White — act for the rehef of inhabitants of fr.

range 11 in 237

Clinton — for relief of the clerks of the cir-
cuit and county commissioners' courts
and judge of probate of 248

^91

COUNTIES— (continued.) habe.
Clark — seat of justice of re-located 255
Clinton — concerning the records of 25S
Of Union, established 262
McHenry " 273
Winnebago " ib
Kane " 274
Ogle " ib
Whiteside « ib
Commissioners for the improvement of the Kaskaskia riv-
er, authorised to settle their accounts 244
Clayton — Survey of the town of confirmed 231
Castor beans — To protect stock against 233
Copeland, Thomas — For the relief of 250
C ittle — Act to'improve the breed of 254
Danville academy, incorporated l54
Deeds — Mode of acknowledging sheriff's 257
Election for senator in Morgan county 105
Edgar county — Certain road to be improved 227
" " declared state road 226
Evans, James jr. — For the relief of the heirs of 234
Ejectment — Proceedings in the action of simplified 238
Franklin manual labor school incorporated 160
" institute " 182
Flower, George divorced, 260
Galena and Chicago Union rail road company incorpo-
rated 24
Timothy Guard — For the relief of 236
Gallatin Saline Lands — To be sold 263
Proceeds, how applied 266-7-8
Hotchkjss, Aurelia — To sell certain real estate 232
Hubbard, Simon M.— For the relief of ^46

INCORPORATIONS— Bellevillve and Mississippi rail

road company 1

pekin, Bloomington and "VVabash rail road

company

Mississippi, SpringfielJ aid Carroll ton rail

road company 12

Alton, Wabash and Eric " 16

Central Branch Wabash " 21

Galena and Chicago Union '• 24

Chicago Marine and Fire Insurance co. 30

Wabash and Mi-sissippi rail road co. 36

Carlyle bridge co. 43

Shawneetown and Alton " " 46

Alton and Shawneetown " " 51

Mount Carmel and Alton " '* 54

'292

INCORPORATIONS— (continued.) PAeE

Wabash and Mississippi Union " 64

Sangamon fire insurance co. incorporated 71

Warsaw, Peoria and Wabash rail road co. 76

Waverly and Grand Prairie " " 81

Rushville « « 85

Pckin and Tremont « « 90
Jacksonville and Meredosia " " .

amended 95
Beardstown and Sangamm canal company

incorporated 97
Morgan county mutual fire insurance compa-
ny incorporated 102
Shawneetown insurance co. incorporated 106
Quincy insurance " " 109
Chicago Hydraulic an 112
Alton, Jacksonville and Galena turnpike road

company 115
Wabash and Mississippi turnpike company 120
Illinois Central rail road co. 129
Randolph manufacturing co. 136
Marseilles " « 138
Illinois Exporting co. 141
Alton shot and lead manufacturing co. 143
Danville Academy 154
Carmi Academy 158
Franklin manual labor school 160
Burnt prairie manual labor school 163
McDonough college 164
Catham manual labor school 167
Mount Carmel academy 170
Bloomington Female seminary " 175
Alton Female institute 178
Franklin institute 182
ILLINOIS & MICHIGAN CANAL— Act for the con-
struction of 145
Illinois Central rail road company incorpo-
rated 129
Illinois exporting company " 141

JACKSONVILLE & MEREDOSIA RAIL ROAD—

Charter amended 95
concerning the public square in the

town of 228

KIRKPATRICK, JAS. L. & JNO. BOLES— bridge

across Fever river l97

KIRKPATRICK WM.— authorised to build a toll bridge

across Winnebago Swamp 212

•293

PAGE

KASKASKIA RIVER — Commissioners for the improve-
ment of the navigation of authorized to
settle their accounts 2i4

KANE COUNTY— Established 271

LITTLE WABASH RIVER— declared navigable 212

LAWS & JOURNALS— Publication of 236

LAWS REVISED OF 1833— For the distribution of 240

Mississippi, Springfield and Carrollton rail road company in-
corporated 12
Mount Carmel and Alton " " . 54
Morgan county mutual fire insurance company incorporated 102
Marseilles manufacturing company " 138
McDonough college - " 164
Mount Carmel Acadeni}' " 170
MORGAN COUNTY— Certain state roads laid out in 184
MILL DAMS — James Stadden authorized to build across Fox

river 146

MURPHY, R. B.— For the relief of the heirs of 234

MASON, JAMES— For the relief of the heir of 259

McGOON, RICHARD H.— divorced • 259

McCRACKEN NANCY— authorised to sell certain real estate 231
McHENRY COUNTY established 274

NAVIGABLE STREAM— Little Wabash declared a 212

NEWSHAM EDWARD— to settle the accounts of the commis-
sioneis for the improvement of the
Kaskaskia river 244

OGLE COUNTY established 274

Pekin, Bloomington and Wabash rail road company incorporated 8

Pekin and Tremont " " " 90

PUBLLC REVENUE— Concerning 231

PENITENTIARY— Salary of the Warden regulated 238
Inspectors of to deposite funds in the Alton

Branch Bank of the State of Illinois 250

PAINE ELI— For the relief of the heirs of 252

_QUINCY INSURANCE COMPANY— Incorporated 109

Rushville rail road company incorporated 85

Randolph Manufacturing company " 136

Redemption of lands sold for taxes 233

ROADS — Act concerning public 207

From Rushville to Commerce 177

Certain in r^.Iorgan county laid out 184

From Equality to McLeansboro' 186

" Frankfort to Wilcox's ferry 187

" Quincy to Macomb 188

" Paris to Grandview 190

294

. ROADS — (continued.) pack

'• Vincennes to Chicago — (re-located) 191

" Little Muddy to St. Louis ib

" " to Pinckneyville ib

" Vincennes to Chicago (changed) 192

" Crow's to Musick's bridge 193

" Pittsfield to Lynnville ^ 194

" Vandalia to Hillsboro' 195

" Maysville to Shelbyville ib

" Springfield to Lewiston 199

" Wabash river to Shelbyville 201

« Gilead to Rushville 203

" Vandalia to Atlas 204

" Hiilsboro' to Honey Point ib

" Springfield to Beardstown 205

" Peoria to Pekin 206

" John Waddel's to Shelbyville 208

" Chicago to Peoria 209

" Commerce to Peoria 210

" Danville to Ottowa 211

" Peoria to Galena 212

" Belleville to Pulliam's ferry 214

" Quincy to Pittsfield 215
" Termination of Indiana state road to Ottowa 216

" Meacham's Grove to Galena 217
" Peoria to Galena, and Havana and Macomb 218

" Wabash river to National Road 219

" Liberty to Tremont 220

" Certain, in Edgar county to be improved 221

" Mount Carmel to MHysville 221

" Bon Pas bridge to Bedell's mill 223

" Rushville to Warsaw 224

" Lebanon to Lower Alton 225
" Certain, in Edgar county declared state road 226
RECORDS — Concerning the iranscribingof certain 226 — 247

ROAD TAX— Declaratory of the law in relation to 227

REVENUE, PUBLLC— 231

Concerning the payment of 244

REVISED LAWS OF 1833— For the dislrfbution of 240
REPRESENTATION OF THE DIFFERENT COUN'I'IES—

apportioned 268
RELIEF & BENEFIT— Of the inhabitants fractional range

eleven in White county 231

" The heits of James Evans Sr. 234

" " R. B. Murphy ib

" Hampton Weed 236

" Timothy Guard ib

" Benjamin White ib

" The heirs of Samuel Thurston 245

« Simon M. Hubbard 246

" E. Hooper and P. Dodson 248

295

RELIEF & BENEFIT— (continued.) page

" Clerk circuit & county commis-

ssioners' courts, and judge of
probate of Clinton county 248

Samuel Copeland

250

The heirs of Eli Paine

252

The widow and heirs of C. Whitman

253

The heir of James Mason

259

R. H. McGoon & wife

259

Joshua Shaw & wife

260

George Flower & wife

260

The widow and heirs of R. Goddard

260

Nancy McCracken

261

Shawneetown and Alton rail road company incorporated 46

Sangamon fire insurance company " 71

Shawneetown insurance company " 106
Springfield and Alton turnpike road company, charter

amended 181-2

Stadden, James — Authorised to build mill dam across

Fever river 196
Seeley, William — " " toll bridge across

Big Vermillion 200
Sangamon county — Commissioners of, to build a bndge

across Sangamon river 189

School lands — In Tazewell county 228

" Union, to be sold 230

" Monroe « " 239

School fund — Relating to the interest of • 249

Sheriff's deeds — Mode of acknowledging 257

Salu — Name of the town of, changed 259

Shaw, Joshua — Divorced 260

Saline lands, Gallatin — To be sold 263

TOWNS OF — Chicago, corporate powers of, changed 180

Boonville, in Pike county, act concerning 188

Jacksonville, concerning the public square in 228

Clayton, survey confirmed 231

Salu, name changed 259

Tazewell county — School lands in 228

Taxes — Redemption of lands sold for 230

Thurston, Samuel — For the relief of the heirs of 245

Union county — Certain school lands in to be sold 230

Wabash rail road company (central branch) incorporated 21

Wabash and Mississippi rail road company incorporated 36

Wabash and Mississippi Union " " " " 64

Warsaw, Peoria and Wabash " " " " 76

Waverly and Grand Prairie " « « " 81

Wabash and Mississippi turnpike " " " 120

Witter, Samuel— Toll bridge— Little Wabash 199

296

PAGE,

White county — Act for the relief of the inhabitants of

fractional range 11 in 231

Weed, Hampton— For the relief of 236

White, Benjamin " " ib

Whitman, Christopher — For the relief of the widow

and heirs of 253

Will county— Established 262

Winnebago « 273

Whiteside " 274

State of Illinois,
Department of State.

1, Alexander P. Field, Secretary of State, of the State of Illinois,
do hereby certify that the foregoing printed sheets, contain true
copies of the enrolled laws deposited in this office.

In witness tchereof, I have hereunto signed my name, at Vandalia,
the 22d day of March, A. D. 1836.

A. P. FIELD, Secretary of State.

• »*

•»• •

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Full text of "Laws of the State of Illinois passed by the ninth general assembly : at their second session, commencing December 7, 1835, and ending January 18, 1836"

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