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Full text of "Laws of the State of Illinois"

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WESTERN ILLINOIS UNIVERSITY LIBRARY 




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LAWS 



OF THE ' 



7 



STATE OF ILLINOIS, 



PASSED BY THE 



SEVENTEENTH GENERAL ASSEMBLY, 



SECOND SESSION, 



COMMENCING JUNE 7, 1852. 



SPllINGFIELD: 

LANPHIER & WALKER, PRINTERS. 



1852. 



LAWS OF ILLIIOIS. 



AN ACT supplemental to nn act entilled "An act to inco'"inra*e the Norlh- in forcp June I*, 
era Crojs Railroad Company," approved February 10, 184J. i^^^. 

Section 1. Be it enacted h'/ the pem'e of the ^tnte of 
IIIudI^, represented in the General A^^^em^lih T lat the 
Nortluern Cro^s Railroad company s'lall Iiave power to ^or- ^;™'_',';j*° ^*"'"' 
row in )ney, on t!ie credit of the corporation, not exceedinf^ 
its aat!jorized capital stock, at a rate of interest not exceed- 
in<T ten per cent, per annum, payable semi-annually, and may 
execute bonds t'lerefor, with interest coupons thereto an- 
nexed, and secure the payment of the same by mortojasje or 
deed of trust on the whole or any part of the road, property 
and income of the company then existinc; or thereafter to be 
acquired, and may annex to such mortf^asje bonds the ])r:vi- 
lege of convertin'T tie same into the capital stock of the 
company, at par, at the option of such holders, if such (dec- 
tion bt* si'^nified, in writinjj, to t!ie comj)auy three years be- 
fore the maturity of said bonis, 

§ 2. Tiiat tlie directors of said company be and they are saieof ton*, 
hereby authori5!;ed to negotiate and sell the bonds ol said 
company at such times and at such j)laces, either within or 
without this state, and at such rates and for sucli ])rices as 
in their opinion will best advance the int^rests of the com- 
pany. And if such bonds are thus ne<_n)tiated or sold at a 
discount below their par value, sucli sa'e and disposition 
thereof shall be as valid and bindinof on the com;)any in ev- 
ery respect as if they were sold or disposed of at their par 
value. 

§ 3. That the said comj^any, in secnrinGjthe payment of security B»riM«. 
the said bon Is by a mortgi^^e or deed of trust on the road, 
property an 1 income of tie conipany, shall have power to 
execute a mortiraiTe or deed of trust aforesaid, to secure the 



1852. 



payment of the full amount of bonds wliich the company- 
may, at the time said deed of tiust or mortf^ajre bears date, 
or at any time thereaflei', desire to sell and {lisj)ose of, and 
may execute and sell, from time to time, such amounts of 
said bonds, and of sucii dates, and })ayable to such person 
or persons as to tiie directors of said company m y seem 
ad\isable, till the whole amount of bonds mentioned in such 
inortiraij-e or deed of trust is executed and sold ; and the said 
mort"aire or deed of trust shall be as valid and etfeclual to 
secure the paunent of the bonds so executed and sold, and 
of every part theieof, as if the same and ca ery part thereof 
had been executed of even date with the said deed of trust 
or morttrage. 

Approved June 11, 1852. 



,^,rc" Jrne u -^^ ^^^ *° amend ihe charter of the Illinois and Mississippi Telegraph 
" '"'jsiiT ' company. 

Sfxtion 1. Be if enacted by the people of the State of Illi- 
nois^ rej/resented in the General ,j^issembly. That the board 
Asswsments on of dircctors of the iUinois and INJississippi 'J'elegrapii com- 
cj^piui stuck, pany are hereby vt sled witli power to le\y, from time t) lime, 
assessments upon the capital stock of said company, of such 
amount as may be suliicient, in the opinion of said board of 
directors, to pay llie debts and liabilities of said comjiany, 
and to repair and reconstruct the lines of telegraph belong- 
\\\<y to said company, and to keep and maintain the same in 
good working oider. 

§ ii. Tiiat said assessments shall be levied by order of 
-Manner of assess- the board ot directors, whic!» shall specify the amount of 
"^'''* the assessments levied upon each share of the capital stock; 

and all assessments shall be equal and uniform, so that each 
share of said stock shall be assessed to the same amount. 
§ ;{. After any oider shall have been passed by tiie said 
pubUeRiionofno- board of (Hrcctors le\ying any such assessment, notice 
*"'**' thereof shall be given to the stockholders of said company 

by publication for twenty days in some newspaper printed 
in each county in the state within which the said company 
sliall have a telegraph station, if there be any nmvspaper 
printed in said county ; and it shall be tlie duty of the pub- 
lishers of such papers to file certificates of said publications 
with the secretary of said comjjany, which certificates shall 
be evidence of such publication in all places, shouhl such 
publication ever be ca .ed in question; and a certificate 
from the secretary of said compauy that any publications 



6 1852. 

have boon made, a^ by this act loqnirt'd, shall be prima 
facie I'vuience thereof" in all comts and phices whatever. 

§ 4. If payment of any assessment ii[)on any share or Forfpituro of 
shares of said stock shall not be made to tlie treasnrer of 
said company, within the time limited by the order of t!ie 
said board of directors levying such ass* ssments, which shall 
not be less than thirty da>s from the time of the passage of 
such order, it shall l)e competent for the said coai'd of direc- 
tors, and they are iiereby vested with full power, to declare 
any and all stock ol said com|)any upon which any assess- 
ment shall not have been paid, to be forfeited to said com- 
pany, and the said stock shall be and the same is hereby 
declared to be forfeited and cancelled. 

^ 5. In case the said board of directors sliall not think procer^fiiuRs in 
it ad\ isabl»- to proceed, by their own oi'der, to declare such cLTstock.'"'^'''^' 
stock forfeited upon which any such assessment shall not 
have hi en paid, it shall be competent for said company to 
aj)p!y to the court of chancery in any county in this state 
within which the said company shall have a telegraph sta- 
tion, by petition, setting forth the order of the board of di- 
rectors levying such assessment, the fact of publication of 
notice of said assessment as required by this act, and the 
non-payment of said assessment, describing the stock by its 
numbeis, and praying the said court to decree that the said 
non-paying stock be forfeited to said company, and that the 
same be cancelled ; or the prayer of the said petition may be 
that t!ie said court may order the said non-])aylng stock to 
be sold by tiie treasurer of said company to the highest bid- 
der, and the said company is hereby authorized to bid at 
such sale upo i the share or shares offered the amount of the 
said assessment and no more ; and in case the same shall be :* 

sold to said company, the same shall be cancelled, but in 
case any person sliall pay more for said stock than the 
amount of the assessment, it shall be the duty of the secre- 
tary of said company to issue a certificate of stock to the 
purchaser, and the original certificate or certificates of the 
stock thus sold shall be and the same is hereby declared to 
be cancelled and void, and the amount ])aid for said stock 
over the amount of the assessment shall be paid over to the 
owners of said stock. 

§ 0. The said court of chancery is hereby vested withjnrio.iiotion ot 
jurisdiction to grant the relief whicli may be prayed for in ^^'"^' 
said petition, according to the provisions of the preceding 
section; and the said couit of chancery is hereby declared 
to be always oj)en for the purpose of exercising said juris- 
diction and to make any order or decree in relation thereto. 

v: 7. Notice of the pendency of said petition shall be ^utice of p.-o- 
puoiisiu',1 tor at least two weeks m some newsj)aper ])ub- 
lished in the county where sucli petition shall be filed, and 



1852. 4 

a copy of such notice shall be filed with the secretary of 
said comjiaii}, certified by the publisher. 
cariificate of sec- § 8. The official Certificate of the secretary and treas- 

retary andtreas- i- • j i n i • n • • i i- , i 

iiier. iirer or said company sliall be prima Jacie evidence ot tlie 

non-payment of any such assessment. 

Tianfaciion of § 9. The Said board of directors may transact business 

Erapii!'^'^^'^*°'^''^it'^o^^^ assembling together in open meeting, by means 
either of telegraphic or written communications, and the 
votes of directors may in this way be given and ascertained, 
and any order, by-law, or resolution, in favor of which a ma- 
jority of the directors shall vote, by forwarding their votes 
to the president or secretary of said company, eitlier by 
telegraph or written communication, shall be entered of 
record by the secreiarj of said company, and shall be valid 
and binding to all intents and jiurposes. 

§ 10. Tlu! said board of directors is hereby authorized 

Power of (lire?- and empowered to adopt and pass all orders, resolutions ai:d 
by-laws, which the interests and well being, good order 
and mamgement of the affairs of the said company may re- 
quire, not inconsistent with the laws and constitution either 
of this state or of the United States, rnd with a view, as far 
as ])ossihle, to tlie stability, continuance and regular work- 
ing of said lelegrapli, or as much thereof as it is j)raclicable 
for said company to maintain and support, in tlie opinion of 
the said board of d. rectors, and may vest in their subordi- 
nate officers all necessary powers therefor. 

§ 11. The said board v^ directors is hereby authorized 

Dwisioi self line, and empowered to divide tiieir lines of telegraph into such 
divisions as may be deemed convenient and proper, and may 
provide for the separate government and management, in 
whole or in part, of such divisions, and may sej)arate the 
final cial interests and liabilities of each division from the 

tiibiiities. others. Any debt or liability contracted or incurred by the 
officers or governmental authority of one division, for or on 
account of that division, shall only create a special liability 
against said company, so as only to subject the property, 
assets, resources and funds of such di\ision to the pa3ment 
thereof. 

§ 12. All process to or against said company shall be 

Service uf pro- Served by reading to or leaving a copy thereof with the pre- 
*'"^' sident or secretary of said company. 

§ 13. It shall be unlawful for any person to fasten any 

j^enaity for iiiju- boat or vcssei to tlic posts or poles of said lines of telegraph, 
or to check the progress of any boat or vessel by means 
thereof. Any person who shall do so, or cause the same to 
be done, to the injury of the said lines of telegraph, shall be 
liable to the same punishment and may be j)rosecuted in the 
same way as is provided in section seven of an act entitled 
"An act for the establishment of telegrajjlis," ajjproved Feb- 
ruary 9th, 1849, and shall, moreo\ er, be liable to pay to 



7 1852. 

sai.'l company three times the damage which such injury 
may cause, which may be recovered before a justice of the 
peace or circuit court of the proper county. 

§ 14. A certified copy, by tlie secretary of said compa- certified copies u 
ny, of any ordtu-, by-law or resohition passed or adopted by 'je evidence. 
the board of directors of said company, sliall be evidetice of 
the due passage or adoption thereof in all courts and places 
whatever. 

§ 15. This act to take effect and be in force from and 
after its pnssage. 

Approved June 14, 1852. 



AN ACT to enable the city of Rock Island to levy and collect a special tax. m force June u, 

1852. 

Whereas the city of Rock Island has become a subscriber preamwe. 
to the capital stock of the Chicago and Rock Island Rail- 
road company to the amount of fifty thousand dollars, and 
has issued her bonds, bearing interest at the rate often per 
centum per annum, payable semi-annually, for the pur- 
pose of raisnig that sum of money; now, therefore, for 
the purpose of enabling the said city to meet the payment 
of interest upon said bonds as the same shall fall due. 
Section 1. Be it enacted by the people of the State of 
llUnuifi, represented in the General t/issemhly, That the 
city council of the city of Rock Island be and they are hereby special imeregi 
authorized and required, from year to year, to levy and col- ^"^' 
lect, in like manner as nearly as may be as other city taxes 
are levied and collected, a special tax, for the purpose of 
paying the interest on said bonds. 

5 2. Said tax shall be levied according to the valuation „ , 

•1 , ,0 _ Mode or assefs- 

of property for ordinary taxes of each year res])ectively, nienr. 
and in case no valuation tor ordinary taxation should be 
made for any year, then a special valuation shall be made 
for the purposes of this act. 

§ 3. The time at which said special tax shall be col- Time or asi'-j'.s- 
lected shall be subject to the control of said city council, '"^ 
and may be made annually or semi-annually, as shall be 
deemed expedient; but said tax shall always be collected 
in time to meet the semi-annual payment of interest on said 
bonds in New York. 

§ 4. This act shall take effect on its passage. 

Approved June 14, 1852, 



1852. 8 

la force June 15, AN ACT to amend the charter of the Ottawa Northern Plank Road conipa- 
1862. uy; to authorize said company to borrow money and secure the payment 

thereof, and to increase the capital stock. 

Section 1. Be it tnacted hy the people of the State of 
Illinois^ represented in the Genei at Jdssenibly, That the 

Power to borrow Ottawa Northern PJank Road company, organized under 
an act entitled "An act for the construction of plank roads 
by a general law," approved February 1-2, 1849, and the 
amendments thereto, be and hereby is authorized to borrow 
money for the purpose of constructing and operating said 
road; and to that end, said company is hereby authorized 

Mortgage. to mortgage said road, or any part theieofj and its reve- 

nues, by a deed of mortgage, executed by its president by 
order of its board of directors. Said company are also au- 

^tous'^'*"''" "^ thorized to appropriate and set apart, by contract, cove- 
nant, or otherwise, for the purpose of providing for and 
effecting the payment of any such loan, the tolls of said road 
or any part thereof. 

tocrease of 3toa-. § ii- Said Company miiy increase its capital stock to 
any amount not exceeding twenty-five thousand dollars. 
This act to be in force from and after its passage. 
Approved June 15, 1852. 



la force June 15, AN ACT amendatory of and supplementary to an act entitled "An act to 
1852. incorporate the town of Little Fort, Lake county, Illinois." 

Section 1. Be it enacted hy the people of the State of 
I/tiiiois, represented in the General Assembly^ That here- 
xame to be used, after all dceds of conveyance or other instruments of writing, 
wherein the name of the town is required to be used, the 
name of " Waukegan" shall be substituted for the name of 
" Little Fort." 

§ 2. That the figures " 44," in the second section of the 
44tobe4G. abovc rccitcd act, be read and construed to mean " forty- 
five," and the name "■ Waukegan" added after tlie word 
" of," at the end of said section 2. 
„ „ _ § 3. That the word " hogs" be inserted between the 
'words "restrain" and "cattle," in section 12 of said act. 
§ 4. That section 13 of said act be amended so as to 
Amendment to ^cad as follows I " Upou the application of the owners of 
section 13. two-thirds of the real estate upon any street or in any block 
or blocks or half blocks, non-resident proprietors being 
counted as applicants, it shall be lawful for the board of 
trustees to pass an ordinance requiring the owners of lots 
bounding upon such street, or situate in such block, blocks 
or half blocks, to construct a side walk in tront of their re- 



9 1852. 

spective lots, in such mnniior, of such niRterials, and witliin 
such time, as s'lall be spi'cified in such ordinance ; and the 
said board shall provide in such ordinance for the payment 
to the owners of sucJi real estate, upon completion of such 
side walk, any sum not exceeding one-fourth of the cost 
thereof: Proiided^ t lat if any owner has heretofore failed Proviso, 
or shall herealter fail to construct such side waiks, or to 
repair the same when ordered by the board so to do, the 
board of trustees >jhall have power to sell said real estate at 
public sale fur the cost thereof, iiicludintr all expenses 
caused thereby, upon giving twenty days' notice of said sale 
in some newspaper [)rinte(l in said town, or by posting no- 
tices in three public places within the corporation ; and in 
case of sale as aforesiid tlie said real estate may be redeem- 
ed in the manner prescribed in section 17 of said act for the 
redemption of lands sold for taxes. 

§ 5. The board of trustees shall have power to order ^o"^" *o ci^aos* 

• 1 1 1 ■ 1 • I • I 1 II ^''^'^ walks. 

any side walk witlun (he corporatuju to be so altered that 
the same shall be on the level of the grade established by 
the city surveyor. If any owner of real estate, in front of 
which sue alteration has been or shall be ordered, shall fail 
to comply with such order, the said board sliall have power 
to sell such real estate for the costs of such alteration and 
sale, in the manner provided in the foregoing section. 

6 6. To enable tlie board of trustees to carry out effect- ^ax to sustain 

111 . . , . ._.•,. department. 

ually the provisions enumerated m section 12, in relation to 
a fire department, the said board shall ha\'e power to levy 
and collect a special tax annually, if necessary, upon all 
real and personal estate within tlie corporation, not to ex- 
ceed fifty cents on the one hundred dollars valuation for 
the first and second years, to wit, 1852 and 1853, and for 
subsequent years not more than twenty-five cents on said 
valuation; which said tax sha 1 be assessed and collected 
in the same manner as other cori)oration taxes are author- 
ized to be assessed and co'lected. 

§ 7. All lots or ])arcels of land adjoining and not em- Additions. 
braced within t!ie present limits of the corporation, which 
have been or that shall hereafter be laid out into town lots 
or building lots, or parcels of the size of town lots or build- 
ing lots, or ortered for sale as such, shall, by an order of 
the board of trustees, to be entered upon their minutes, be 
deemed and taken to be a part of said incorporated town, and 
subject to the laws of this state and the rules and orders 
regulating t!ie })roceedings of said board, as fully, in all 
respects and to all intents and purposes, as if the same had 
been included within tie original boundaries of s lid town, 
and s lall be annexed to and form part of tlie ward or wards 
to wliich said lots are contiguous; and the Faid board sliall 
cause a copy of su<;h order, certified by the clerk of the 
board, to be filed in the office of the recorder of the county 



fir* 



1852. 10 

of Lake, wlio sliall transcribe the same upon tlie reooids of 
said county. 

§ 8. To pay off the debt now existing u|ion the "Wau- 
Power to borrow kegan Ceuietei> ," the boai-d of trustees of said town shall 

money. i -^ . ; r . i 

nave power to borrow any sum necessarj' for tliat pui pose, 
not exceeding eight hundred dollars. 

Tliis act to be in force from and after its passage. 

Approved June 15, 1852. 



In force June 15, AN ACT supplementary to an act entitled "An act to incorporate the Kan- 
1852. kakee and Iroqpols Nav'.frat'.on and Manni'ac^nr'np- compnnv." aiii>ioved 

February fifteenth, onetl)onsand e'frhl hundred and foity-seven ; a1'o. addi- 
tional to an act entitled "An aci auiborizliio^lhe towns of Wilin'ns"U)n ai,d 
Eeed, and other. towns, to ra'se a tax for the improvement of ll^e Kankakee 
river, and for biiild'np; a br'dire across sad r'ver," approved February fif- 
teenth, one thousand eight hundred and fifty-one. 

Preamble. Whereas, by force of the act last above named, tlie town 

of Wilmington only voted to raise the tax contem- 
plated in and by said act; and v» hereas, in order to make 
said tax available for the purposes intended, it has become 
necessary to raise by taxation a further sum of three 
thousand dollars to coimdete the improvement of said 
Kankakee river to said Wilmington ; and whereas, more 
than five-sixths of all the legal voters of said Wilming- 
ton, together with some of the non-resident real estate 
owners, have united in a petition for that purpose; there- 
fore, 

Skction 1. Be it enacted hy the people of the State of 
Jttiujis, represented in. tlie General Jtsftemht'/, That it 
Power to levy shall be lawful for the proper officers, and it shall be their 
duty, to levy and collect for each of the years eighteen 
hundred and fifty- five and eighteen hundred and fifty-six, 
the sum of fifteen hundred dollars, with sucli lawful interest 
as shall have accrued thereon, t) be levied as is provided 
in and by the act to which this is additional. 

§ 2. And it shall be the duly of the collector of the said 

Duty of collector, .• ax'-i • j. j. * i ii j. r xU 

topayover. town ot VV ilmiiigton to pav over to the tieasurer ot the 
Kankakee and Iroquois Navigation and Manufacturing 
company the moneys autliorized to be levied and collected 
by this a",t, to be by said com[)any laid out and expended 
as is provided in and by the act to which this is additional. 
§ 3. The Kankakee and Iroquois Navigation and ATan- 

Dnties and pow- r> . • . . ' , ^ 1 1 i 

ersof company, uiacturing Company, on receiving the moneys collected as 
aforesaid, shall be subject to ail the duties and possess all 
the |)owprs prescribed in the act to which this is supple- 
mentary and additional. 
Approved June 15, 1852. 



11 1852. 

AN ACT in aid of the Canton and L'verpool Plank Road company, organiz- m ^°'^\ll^'^ *^» 
ed under the general law. 

Sectton 1. Be ii enacted by the people of the State of 
Ilthiois, represe7itef/ in the Genera/ ^^sscni/j/i/, That the 

C. J T • I T»i 1 -o 1 i" i.1 „ »,.,„ Pi'iwer to increase 

anton and Liverpool rlnnk Koad company, tor the pur- capuaistock. 

pnse of completinsT and extendiiifr their said road, be and 
they are hereby authoriz' d to increase their capital stock to 
any amount not exceedinoj one hundred thousand dollars, and 
to extend their said road, under the same rights and privile- 
ges, restraints and liabilities, as is now})rovided by the laws 
of this state, across the Illinois Bottom, opposite Liverpool, 
from the river to the bluff, in Ma^on county, and from Can- 
ton westwardly in such direction as they may deem proper, 
and to any distance not exceedincj forty miles. And it shall 
be lawful for said companv to take and own stock in any to own stock in 

, • 1 ■ 1 1 I /• « I other companies 

other company organized under any general law tortlie con- 
struction of a plank road, which may connect with or form 
a branch of thtir said rc.ad, or such as in their opinion will 
advance the interests of said company. 

§ ii. It shall be lawful for said company, by their sec- ^'^^^'i 
retary, to amend their articles of association filed by said ciattun. 
company in the office of the secretary of state, so as to ob- 
tain the benefit of this act. 

This act is hereby declared a public act, and shall be in 
force from atid after its passage. 

Approved June 15, 1852. 



Ampndment of 

of asso- 



AN ACT to authorize the board of supervisors of Cook county to borrow in forcp June 15, 
further sums of money for the use of said county. iSoi. 

Section 1. Be it enacted hi/ the people of the State of 
Illin Jis, rejjresented in the Genera/ t/^\seni'j/i/, Tiiat the 
board of supervisors of the county of C<»ok, and their succes- Power to borrow 
sors in office, be and they are hereby autiiorized and empow- 
ered to borrow, uj)on the faith and pledge of said county, in 
addition to the sum or suras which they have been hereto- 
fore by law authiirized and empowered to borrow, such fur- 
ther necessary sum or sums of money, for such term of time, 
and at sucli rate of interest, and pviyable at such place or 
places as they may deem expedient, not exceeding sixty 
thousand dollars, and to issue bonds or scrip therefor, under 
the seal of the county court of said county, signed by the 
cii'i'rman of said board of supervisors, or by his successor in 
offic( , and countersigned by the cleik of said board or his 
successor in office: Provided, that whenever any money Proviso, 
shall be borrowed under the authoiity of ihis act, the time 



est. 



1852. 12 

for the repayment of the same shall be so fixed tiiat not more 
than five thousand dollars of such ])rinci|)al mone) shall lall 
due in any one year. All sum or sums ofmon'^y hoirowed 

ippiication of under the authority of this act shall be applied by the board 
of supervisors, or their successors in ofllice, for the use and 
benefit of said county, either in the erection, purchase or 
improvenient of public buildings in and for said county, or 
for such other county ])ur[)oses as said board of supervisors 

Pledge of reve-niay from time to time think expedient. Th^ said board of 

^^'^- supervisors, or their successors in office, are hereby author- 

ized to pledge the revenue accruing to said county to secure 
the repayment of any sum or sums of money so boi rowed as 
aforesaid, and the interest thereof. 

§ 2- The board of supervisors of said county, or tlieir 

tax to pay inter- successors in officc, are hereby authorized and required to 
levy and collect a S))ecial tax upon all the taxable prop'erty 
in the county of Cook, sufficient to pay the accruing interest, 
annually or semi-annually, on any sum or sums tlie> may 
have borrowed under the authority of this act, and to re))ay 
the principal when and as it may become due, at such rate, 
not exceeding five thou'^and dollars in any one year, as they 
may think pro|)er. Said taxes shall be levied and collected 

ment. at the same tune and m the same manner thatotlier county 

taxes are levied and collected; and when collected shall be 
applied by said bi^ard of suj)ervisors, or their successors in 
office, to the payment of the interest and the repayment of 
the principal of the money borrowed under the authority of 
this act, and to no other use or purpose whatsoever, until 
the whole of the money so borrowed is paid up in full. And 
the persons loaning money to said county as aforesaid are 
to be in no way res[)onsible for the faithful application or 
use of the money thus borrowed. 

This act shall take effect and be in force from and after 
its passage. 

Approved June 15, 1852. 



Mode of assess- 



In force June 15, AN ACT to amend an act entitled "An act to incorporate the Chicago City 
■^^^' Hydraulic coinpany." 

Be if enacted by the -people oj the Slate of IlUrwis, r^e pre- 
sented in the General >/i><sernblij. That the commissioners 
^dmonaimraS: named in "An act to incorporate the Chicago City Hy- 
draulic company," approved February 15, 1851, and their 
lessors in otfice, be and they are hereby authorized and 
owered to loan, from time to time, as they shall deem 
edient, in addition to the sum named in the said act, the 



SUCC( 

emp( 
expe( 



13 1852. 

sum of one liundred and fifty (housand dollars, in the same 
inamier and iiooii t!ie same terms, conditions, guarantees 
and securities named in tiie said act; and this act to be an 
amendment to and form a part of tiie said act to incoinorate 
the Ciiicajro City Hydraulic conij)any herein mention, d : 
Provided, that no liigher rate of interest than seven jier p^^'so. 
centum pel' annum shall be paid for any such loan made by 
authority of this act. 

Approved June 15, 1852. 



■icts estab- 



AN ACT to establish nine cono^ressional districts, and to provide for the m fnrcp Angnst 
eleci.on of representatives to the con<;ress of the United States, under the 22,1852/ 
census of iiie year one thousand eight hundred and fifty. 

SkctiOxN 1. Be it enacted hij the people of the State of 
Illinois^ represented in the General ^ssemblij. That for 
the purpose of electing nine representatives to the house ofpi^t,.,^^, 
representatives of the congress of the United States, to "^i"«i- 
wiiicli number the state of Illinois is entitled under the cen- 
sus taken by the autliority of the government of the United 
Stales for the year one thousand eight hundred and fifty , the 
following districts shall be and are hereby established, to be 
styled and known as districts numbered first, second, third, 
fourth, fifth, sixtli, seventh, eighth, and ninth. 

§ 2. Tiie first district shall be composed of the counties First district, 
of Lake, McHenjy, Boone, Winnebago, Stephenson, Jo 
Daviess, Carroll and Ogle. 

§ 3. The second district, of the counties of Cook, Du second district. 
Page, Kane, De Kalb, Lee, Whiteside and Rock [sland 

§ 4. The third district, of the counties of Will, Kendall, ™'^'^^'^'"'=*- 
Grundy, La Salle, Putnam, Bureau, Livingston, Iroquois, 
Vermilion, Champaign, McLean and De Witt. 

§ 5. The fourth district, of the counties of Fulton, Pe- ^""■'*^^'^'^*^'=*' 
oria, Knox, Henry, Stark, Warren, Mercer, Marshall, 
Woodford, Mason and Tazewell. 

§ 6. The fifth district, of the counties of Adams, Pike, ^'""Ki'strict. 
Calhoun, Brown, Schuyler, McDonough, Hancock and 
Henrerson. 

§ 7. The sixth district, of the counties ofMoigan, Scott, S'^'^i'i's'rict. 
Sangamon, Macoupin, Greene, Montgomer}', Christian, 
Shelby, Cass, Menard and Jersey. 

§ 8. The seventh district, of the counties of Logan, seventh district. 
Macon, Piatt, Moultrie, Coles, Edgar-, Clark, Cumberland, 
ErHiii^ham, Jasper, Clay, Crawford, Lawrence, Richland 
an J 1 ayette. 

§ 9. The eighth di-itrict, of the counties of Randolph, ^'sutu district. 
Monn e, St. Ciair, Madison, Bond, Clinton, Washington, 
JefFcirton and Marion. 



1852. 14 

§ 10. T'le ninth district, of the counties of Alexander, 
Nintb district. Pui,^ski^ Massac, Union, Johnson, Pope, HarJin, Gallatin, 
Saline, Williainsnn, Jackson, P^rry, Franklin, Hamilton, 
Wiiite, Wayne, Edwards and Wabash. 

§ 11. One representative to the congress of the United 
Election, when States shall be elected in each of the districts before enu- 
merated, on the Tuesday after the fir,'t Monday of Novem- 
ber, in the year of our Lord one thou'sand eight hundred and 
fifty-two, and one in ea di of said districts every two years 
thereafter. Such elections shall be held and returns thereof 
made and canvassed as is now provided by law in such 
cases. 

Approved June 16, 1852. 



In force June 16, AN ACT to authorize the construction and use of the Northern Indiana and 
1852. Chicago Railroad. 

Section 1. Be it enacted hy the people of the State of 

Ji'lijuis, represented in the General tfiasembly^ That the 

Authority to con- ]vj(,i.thern Indiana and Chicago Railroad company be and 

struct road. i • i i 

they are hereby authorized to maintain and use or construct 
and build a railroad at and from the city of Chicag), in the 
county of Cook, in a southerly and southeasterly direction, 
through the southeidy portion of said county of Cook, to a 
point where the state line shall be intersected by the road 
of tiie western division of the Buffalo and Mississippi Rail- 
Power to con- road Company, on the most direct and eligible route ; and 
demnproperty. |.|^^ ^,^^^1 ^bove mentioned is hereby declared to be of suffi- 
cient public utility to justify the taking of private property 
for constructing and maintaining the same ; and the acts 

Power to contract , , . , '-* i i i i- i j ii -j 

done by said com[)any are iiereby legalized, and the said 
Northern Indiana and Chicago Railroad company is author- 
ized to make such contracts and agreements for the trans- 
portation of freight and passengers, and the construclion and 
maintenance or use of its said road, with any road of which 
it may be an extension, as to the board of directors may see 
pro))er. 

Approved June 16, 1852. 



15 1852. 

AN ACT to authorize the county court of Suott county to levy a special tax. I" forcp June 18, 

SfX'TioN 1. Be it enacted bi/ the pe-)])le of the Slate of 
lUiHots^ repref^cnted in the General Jhsenibtij. That tlie 

' ,' c\ .. , rii- • 1 I ,1 • Spffcial tax an- 

coimty court or r>uott county, Illinois, be and the same is thoiized. 
hereby authorized to levy and collect in the year A. D. 
eigliteen luin Irdd and fifty-tw^), and in eacli succeeding year 
tliei'eafter, until the o'ljec s ol* tins act shall have been ef- 
fected, a special taK Uj)oii all t le property in siid county 
liable to taK:itian for state an 1 county p irposes, at any rate 
per cent, which will not prixiuce in ea^ii year an aggregate 
sum of more than three thousand d >llars. 

^ 2. Tiie collection of taxes under the provisions of this Mode of coiiec- 
act s lall be enforced in the same manner hs is or may be 
provided by the laws of this state for tlie collection of the 
state revenue; and wiien collected tiie same shall be a sep- 
arate fund in t.ie treasury of said county, and shall be appro- 
priated under the orders of the county court — first, to the ^pp"°^'^'''°- 
construction of a jail in said county, and, second, to the 
payment of debts now owed by said county. 

§ .3. Thatsaid county court be further hereby authoriz- ^o^ertoborrow. 
ed to borrow the amount of money contemplated in the fore- 
going sections, and to levy and collect such taxes for the pay- 
ment of the sauie. 

Tiiis act to be in force from and after its passage. 

Approved June 18, 1852. 



AN ACT to incorporate the Alton and Jerseyville Plank Road company. In force June 18, 

•^ 1852. 

Section 1. Be it enacted, hi/ the people of the State of 
Illinais, representeJ' in the General v'j.s.se?n'>lj/, That the 
present stockholders of the Alton and Jerseyville piank ^°'°'"p°'"*''<'''- 
Road company, which was organized May, 1851, under 
the general law for the construction of plank roads, with 
their consent, be and they, their assigns and successors, 
hereby are made and constituted a body politic and corpo- 
rate, by the name and style of the "Alton an. i Jerseyville style. 
Plank Road company," for the space of thirty years, and 
shall have power to sue and be sued, to contract and be Powers, 
contracted with, complain and defend, in any court of law 
or equity; to make and use a common seal and alter the 
same at pleasure ; to make by-laws, rules and regulations 
for the management of its property, the regulation of its 
affairs, the appointment and number of its officers and agents, 
the negotiation and execution of its contracts and the trans- 
fer of its stock, not inconsistent with the laws of this state 
«r the United States, and to take and hold sufficient real 



1852. 



16 



estate for the enjoyment of all ])ri^■ilecJes herein granted, 
and to grant and convey the same at pleasure. 

§ 2. Tiif said Alton and Jrrseyville Piank Road compa- 

Transfer of exist- ny, by its direi lors, 'nay convey, transfer and set over to 
mgroad. ^j^p corj)oration hereby created tlie road at ])resent con- 

structed, and the land over wh ch the same passes, and all 
lands, j)reni!Ses, rights, benertts, pi'ivileges and contracts 
belonging to said conij)any, or held for its use and benefit, 
wliereupon the said iiicorporatio shall have, hold and pos- 
ses-* the same, for the sole use of said incorporation, and 
shall have the benefit of all the provisions herein contained 
for the maintenance and protection thereof ; and the pro- 
ceedings of said company and its directors, to the present 
time, are hereby ratified and made valid, notwithstanding 
any iidorm-ility or irregidarity therein. 

§ 3. Tiie said incorporation shall have the right to com- 

RigMtocompieteplete the plaidf road already commenced by said company, 
and to continue the same, so as to make it extend from the 
city of Alton lo the town of Jerseyville, in Jersey county. 
Said plank road to be constructed u[)on the usual plan, and 
of such width as the directors of said incorporation shall 
deem advisable. 

§ 4. The present stockholders of the Alton and Jersey 

stockholders. Plank Road company shall be stockholders in the corpora- 
tion liereby created, to the amount of their respective 
shares, and the capital stock may be incrf'ased from the 

increaseof stock, amount by them owned to anj amount they or the directors 
of said com|)any sliall determine, not exceeding seventy- 
five thousand dollars, to be divided into shares of one hun- 
dred dollars each. 

An election for directors of said incorporation shall be 

Election of direc- held on the first Monday of May, eighteen hundred and 
**"• fifty- th.ree, and the present directors of said company shall 

be directors of said incorporation till their successors are 
elected. Afterwards elections for directors shall take 
place annually, at such time and place as the by-laws shall 
prescribe, due notice thereof being given. AH elections 
shall be by ballot, and each stockholder shall be entitled to 
as many votes as he shall own shares of stock, and the per- 
son having the greatest number of votes shall be the direc- 
tors. 

§ 5. The affairs of said corporation shall be managed 

Tolls. by l!ie board of directors, a majority of whom shall consti- 

tute a quorum to do business, wlio shall have po^verto erect 
and maintain such toll-houses, toll-gates, and other build- 
ings, for the accommodation and management of said road, 
and the travel and transport thereon, as they may deem 

Limitation. Suitable to its interests; and may demand, collect and 
receive of and from any and every person using said road, 
or so much thereof as may be completed, toll, to be 



17 1852. 

regulated by the directors, but not to exceed the rates y)re- 
scribed by "An act to provide for the construction of plank 
roads by a general law," approved February 12, 1819, and 
the first, third, fourth and sixth sections of an act approved 
February 1, 1851, amendatory of said act of February 12, 
1849, and the act approved February 17, 1851, further" to 
amend the act of February 12, 1849, are made part of the 
charter hereby granted, so far as applicable thereto. 

§ 6. The corporation hereby created is authorized to ^igi.t of way. 
acquire by voluntarv cession or purchase from the owner 
the right to construct said road over any lands belonging to 
individuals, companies or corporations on said route*; and 
in case said corporation cannot obtain the right to construct 
said road over the lands owned by any individual, comj)any 
or corporation, by voluntary cession or by purchase, it shall 
be lawful for said corporation to a])propriate and use so 
much of said land as shall be necessary for the proper con- 
struction of said road, on complying with sections, thirteen, 
fourteen, fifteen and sixteen of the "act entitled " y\n act to 
construct a plank road from Oswego, in Kendall county, to 
the Indiana line, by the way of Joliet, Will courty,"' ap- 
proved February 12, 1849, which four sections, makino- 
provision for obtaining the right of way, are made part o1' 
this act. 

§ 7. Said corporation is hereby vested with all the Power to c^nh-Aoi 
powers conferred on plank road companies organized 
under the geni^ral laws for the construction of plank roads, 
to make contracts with county and city authorities for the 
use of any part of a public liighway or street for the con- 
struction of their said road. 

§ 8. Said corporation in and about the construction of Power to bom>«- 
said road, and to aid it therein, may borrow money not ex- "''"'^"' 
ceeding in amount the sum actually paid in by the stock- 
holders, and contract to pay therefor a rate of interest not 
to exceed ten per cent. 

§ 9. .-aid plank road and its appurtenances shall, for Kinder estate, 
revenue purposes, be deemed real estate, and be liable as 
such to taxation. The stock of said corporation, for other 
purposes, shall be deemed personal property, shall be trans- 
ferable only on the books of the corporation, and in the 
manner prescribed by the by-laws thereof. 

This act to be a public act, and to be in force from and 
after its passage. 

Approved June 18, 1852, 



1852. 



18 



Id force June 
185^. 



18, 



AN ACT to incorporate the Mount Carroll Seminary. 



Number of tr 
tees. 



Skction 1. Be it enacted by the people of the ytate of 
lll'uioi , represented in the Genet at t/Jssernhly, Tli/.t David 
Eininet, Mathaiiiel Haltiertnaii, Keiibeii W. Biusli, John 
Wilson, Beiijainia P. Millt-r, Leonard Goss, Calvin Gray, 
James Hallett, James Ferguson and John Irvine, sr., and 
their successors in office, be and they are heieby created a 
body politic and corporate, under the name and style of 
the preSidt-nt and trustees of the Mount Carroll Seminary, 
and by that name and style to remain and have j)erpetual 
succession. The said seminary shall be and remain in or 
within one hall' mile of tlie town of Mt. Carroll, in the 
county of Carroll, and state of Illinois. The number of 
ui=- trustees shall not exceed nine, one of whom shall be presi- 
dent of the board, to be chosen by tlie trustees, and under 
the above name anrl style shall liave power to make con- 
tracts, to sue and be sued, to plead and be impleaded, to 
answer and be answered unto in all courts and ])laces, to 
grant and receive by its corj)Oiate name, and to do all other 
acts as natural persons may or could do ; to accept, acquire, 
purchase or sell propei'ty, real, personal or mixed, in all 
lawful ways; to use, employ, manage and dispose of all 
such property and all moneys belonging to said corporation, 
in such manner as shall seem to the trustees best adapted 
to promote the objects before mentioned ; to have a com- 
mon saal, and change and alter the same at pleasure; to 
make such by-laws for its regulation as are not inconsis- 
tent with the constitution of the United Slates and of this 
state ; to confer on such persons as may be considered 
worthy such academical r honorary degrees as are usually 
conferred by similar institutions. 

§ 2. The trustees of said corpoi-ation shall have author- 
ity, fi'om time to time, to prescribe and regulate the course 
ot' studies to be ])ursued in said seminar}'; to fix the rate of 
tuition, and other seminary expenses; to ajjpoint instruc- 
tors and such other officers and agents as may be necessary 
in managing the concerns of the institution ; to define their 
their duties; to fix their compensation; to displace and 
remove them ; to erect necessary buildings ; to purchase 
books, chemical and philosophical a])paratus, and other 
suitable means of instruction; to make rules for the gen- 
eral regulation of the conduct of the students, and to 
make and pass such ordinances, rules and by-laws as they 
may deem necessary and expedient. 

§ 3. The trustees, for the time being, in order to have 
perpetual succession, shall have power to fill all vacancies 
which may occur in the said board, from death, resignation, 
or from any other cause. A majority of the trustees shall 
constitute a quorum to do business. 



iiiroil. 



19 1852. 

§ 4. It sliall be tho duty of the boar(l of trustees, to Treasmei-. 
api)oiiit a treasurer to the board from t!ie stockholders, 
who shall be required to ir'ive bond with sufficient security 
as the board inay prescribe, conditioned for the perform- 
ance of suc!i duties as the by-laws may require of him, 
and to hold his office for such time as the by-laws may 
prescribe. 

§ 5. The said institution shall be open to all denomina- Parii.- lUr voli- 
tions of christians, and the j)rofessiou of any particular reil'u 
r.di'^Ious f.iit'i sluiU not be reqiiired of those who become 
teac!iers or students of said seminary. All persons, teach- 
ers or stuleuts w lose habits are idle or vicious, or whose 
moral character is bad, may however be suspended or ex- 
pelled from said seminary by t!ie trustees thereof. 

§ 6. Tiie land, tenements and hereditamenls to be held ^''"i'''' "" "f 
in perpetuity, by virtue of this act, by said corporations, 
shall not exceed one hundred and sixty acres. 

§ 7. Tiie stock of said comj)any shall consist of sliares stock. 
of five dollars each, and shall be deemed personal property, 
and shall be transferable by assifjjnment of certificate on 
the books of said coiporation, in such manner as the board 
of trustees sliall prescribe. Tiie capital stock of said 
company shall not exceed thirty thousand doUai's, and its 
funds, rents and privileges shall only be used for the pur- 
poses of education, as herein declared. 

§ 8. The betorementioned persons shall be deemed corporatornt.> 
trustees of this incorporation, until their successors are '''"'*''"'^* 
elected and qualified, and they are authorized to appoint 
all necessary agents and officers, which offices shall expire 
with their own. 

§ 9. All deeds or instruments of writing, for the con- cmveyanoBs. 
veyance of real estate to the said incorporation, sliall be 
made to the president and trustees of the Mount Carroll 
Seminary, and their successors in office, for the use of 
said seminary, and all deeds and conveyances of land from 
said corporation shall be made by a majority of the trus- 
tees, sealed with the seal of the corporation, if they have 
a public seal. If no public seal is provided, then signed 
by the president and his private seal, and by him acknow- 
ledged in his official capacity. 

§ 10, The time of election for the election of trustees, Timoorfeiwtt.H 
shall be on the first Mon lay of .lanu ry, A. D. 18.o3, and 
on the first Monday of January each year thereai'ter, and 
the trustees elected at such times shall serve until their 
successors are elected and qualified. It shall be the duty 
of tlie president to give ten days' notice of each election 
for trustees, or other officers, by posting ui) notices in at 
least three public places in the town of Mt. Carroll and 
vicinity, of the time and place of holding the same, and 
each stockholder shall be entitled to one vote for each 



Exemption. 



1852. m 

share of stock he may own, and if it should happen tliat an 
election ( f the trustees sliould not be made on the day 
herein provided, it shall, in that case, be lawful to hold the 
election on any other (iaj that may be designated, by a call 
of five stockholders by notice, a* before designated. 

§ 11. The lands, lots, building or buildings, library, 
philosophical or chemical or other apparatus, belonging 
to said corj)oration, is and the same shall be forever ex- 
empt from taxation, for state, county or corporation purpo- 
ses, and also be exempt from execution for other than debts 
or demands against said incorporation, in its corporate 
capacity and liabdities. 

§ 12. Stockholders shall at any election under this act 
votes. be permitted to cast moie tiian one hundi'ed votes or bal- 

lots, anything in this act to the contrary notwithstanding. 

Approvkd June 18, 1852. 



liiniitatioii 



In force .Time 18, AN ACT to provide for the establishment and incorporation of hospitals for 
1852. sick and disabled boatmen. 

Section 1. Be it enacted Inj the people of the State of 
Jl/iiioi.s, represented in the General t/9ss(}nhltj, That any 

powertoincorpo- number of persons who may desire to establish and sustain 
at any of the cities, towns or villages situated on any of the 
navigable waters within this state, hospitals, and of erecting 
houses of worship, or either, for the benefit of persons em- 
ployed on steamboats and other vessels navigating the .''aid 
waters, may associate together and become incorporated 
tinder the provisions of this act. 

Modeot ineoipo- § ^- Sucli persons sliall sigii an agreement, expressing 
ration. their desire to become incorporated as aforesaid, in whicu 

they sliall agree — first, upon a corporate name ; second, up- 
on a place of location ; third, upon the number of directors, 
and, fourth, the object intended, whethnr the establishment 
of a hospital, or the building of a church, or both ; which 
agreement, when so signed, shall be acknowledged before 
some officer authorized to take the acknowledgment of 
deeds, and recorded by the recorder of the county in which 
the establishment is located. 

5 3. Upon the recording of said agreement, the persons 

General powers. •! . ' i , . ~ i " . i ii i i 

SO associated, their successors and assigns, sliall be and 
remain a body corporate and politic, by the name agreed 
on as aforesaid, and by such name shall have the right to 
sue and be sued, plead and be impleaded, in all courts or 
places wherein judicial proceedings are or may be had ', 
also, to contract and be contracted with, to receive and hold 



21 1852. 

by any lawful morle of conveyance in the corporate name, 
an'l for the uses of the institution, property, real, personal 
and mixed, and to grant aud convey the same ; also, to 
adopt, alter or amend by-laws, rules aiui rejiiihitions for the 
direction, well ordering and conducting the husiness o; the 
cor|)oration ; and, also, to make, have and use a pommon 
seal, and break or alter the same at pleasuire : Prurided^Ymyiso. 
that no by-laws shall conflict with the constitution and laws 
of the United States and of this Ptate. 

§ 4. The objects of saul corporations shall be — first, to objects. 
erect suitable hospital buildings, and [)rovi<le for the care, 
support, protection aud medical treatment of all officers, 
sailors, deck hands, car])eiiters and servants engaged in 
navigating steamboats and other vessels, who fall sick or 
become disabled whiist engaged in such service, or who, 
from age or misfortune, become unable, for the time being, 
to j)rocure or earn the means of subsistence ; second, to 
erect houses of worship tor the use of all persons engaged 
as aforesaid. 

5. Tiie business of each corporation shall be transact- Board of director* 
od by, and all the j)Owers hereby conferred shall be vested 
in a board of directors, not less than five nor more than ten 
in number, to be elected or appointed in such manner as 
may be pi'ovided for in the original agreements or ti.e by- 
laws of the corporated : Provided^ that the first board shall Proviso. 
be a|)pointed by the i)ersons associatino: as afoi'esaid : t^iid 

I I r II \ L I 1 • I 1 Further proviso. 

provided jurtlier, thrit luilil otherwise agreed on, the mem- 
bers of the board s'lail fill all vacancies as they occur, fo as 
to perpetuate its existence. 

§ 6. The board of directors s!iall appoint a secretary pp^retary an.i 
and a treasurer and all agents required in the transaction treasurer. 
of the bu^iiiiess of the corporation. Said directors shall also 
obtain and cause to be conveyed in fee to the corpoiation, Real estate, 
one or more lots of land, not exceeding in quantity, at any 
one place, ten acres, for the purposi^ cf erecting thereon 
hospital buihlings and houses of worship, or either, as may ^"'^'^'"s^- 
have been agreed on as aforesaid, together with such other 
buildings as may be required for the uses of the incorpora- 
tion, and also lor making ornamental, vegetable and fruit 
gardens; which said lands, buildings and improvements, 
whilst ii'ied for the purpose or purposes expressed in this 
act, shall be exempt from taxation for ail purposes whatever. 

§ 7. The fun Is and proj)erty of the corjioration shall Property. 
con*;ist of all such money, property, goods, chattels and ef- 
fects as may be contributed or {)aid by the classes of per- 
sons to be fjrovided for, and the benexohnt of all classes, 
for establishing and sustaining the institution, and the direc- 
tors are authorized to obtain and receix'e I'uiids, pro])erty, 
goo !■:, chattels aud effects, by any lawful way or means, and 
a]q>'j .!ie same to the use of tlie corporation. 



1852. 22 

Hecepficn o£ sick § 8- The trustees shall make provision for receiving 
persons. ^j^^^ ^|,g hospital buiidings all peisniis engaged an boats or 

other vessels as aforesaid, so far as the funds or means in 
their hands will justify; also provide for their care, nurs- 
ing, medical treatment and su})port, and fix the teims of 
such reception, care and support. They shall also in the 
by-laws provide for the emj)loynient of stewards, physicians, 
nurses, attendants and servants, and prescribe their several 
duties. 

6 9. All money, ijroperty, eoods and effects, paid or 

Vse of property. ., , , i *^ ^ ^ i i ii i |- i 

contributed, when accepted, shall be usen according to 
the expressed direction of the person from whom the same is 
obtained, and no part thereof shall be diverted to an\ other 
])urpose or object whatever. 

6 10. There shall be no private or individual luoperty 

Indlvidnnl inter- ^ i i i i ,i • i , • i V. 1 1 

psts proiiibited. or ri"hts vested in or held by the said corporation, but all 
money, property, goods and efl'ects, j)aid or contributed, 
shall be held and used for the purposes stated in this act- 

This shall be a ])ublic act, be in force on its passage, and 
its provisons api)ly severally to each corporation which may 
be organized in conformity with the same. 

Approved June 18, 1852. 



Tn force .Tunc 18, AN ACT to aulliorize Edwards county to make a loan of money. 

1862. 

Section 1. Be it enacted by the people of the Hate of 
Illinuis, represented in the General Jissemhly^ That the 
couniy court of Edwards county is hereby empowei-ed and 
^''" '^*°™''- authorized to borrow, on behalf oi said county, a sum of 
money not exceeding three thousand dollars, in such manner 
and on such terms as they shall deem proper. 

5 2. The said money, or so much thereof as said court 
shall deem nece>sary, shall be applied to the building of a 
court house for said county. 

§ 3. In case the said court shall determine to effect the 

*l'i'Iiiowod."'"'loan, as provided for in the first section of this act, they are 

liereby authorized to contract to give interest upon said 

loan at the rate of ten })er cent, per annum, if it cannot be 

had at a less rate. 

§ 4. Said court is hereby authorized to cause to be lev- 
ied any sum not exceeding ten cents on tlie hundred dollars, 
in addition to the present amount now allowed by law to 
be levied for county purposes ; which amount, when thus 
levied, shall be set apart lor the exj)ress purpose of reim- 
bursing tile said sum, which may be borrowed as aforesaid, 
and shall in no wise be subject to the payment of any other 



23 1852. 

debt or debts due or to become due against said county; 
but the said rate of levy shall continue fiom year to year 
until the said loan shall be fully paid. 

§ 5. This act to take effect from and after its passafre. 

Approved June 18, 1S52, ^ 



AX ACT lo incorporate Temple Lo Ige, Number Forty-six, of Free and Ac- in force June 18, 
cepted Masons. 1852. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General .^sse?nh/i/, Tiiat all such 
persons as are or may hereafter become members of Temple corporation. 
Lodge, Number Forty-six, of Free and Accepted Masons, 
from and after the passage of this act, shall be and they are 
hereby constituted a body corporate and politic, by the name 
of Temple Lodge, Number Forty-six, of Free and Accepted ^'^'le. 
Masons, and by that name they and their successors shall 
have succession, and shall in law be cajiable of suing and ^'encai power.. 
being sued, plead and be impleaded in ail courts and iflaces 
whatsoever, and by that name and style be capable in law 
of purchasing or receiving by gift, or otherwise holding and 
conveying real estate for the benefit of said corj)oration : 
Provided, that said corporation shall not at any one time 
hold [)roperty to an amount exceeding thiity thousand dol- 
lars. 

§ '2. For the purpose of carrying into effect this objpct, Trustees, 
the members of the above incorporation shall have power 
and are hereby authorized to appoint out of their number 
three trustees, to hold their office for the term of two years 
and until their successors in office are appointed. 

§ 3. They sliall have power to make such laws and reg- isjvaws. 
ulations as they shall think necessary (or the government of 
their concerns: Provided, such by-laws are not inconsis- t-^ov'so. 
tent with the constitution of the IJnited States or of this 
state. 

§ 4. The capital stock of said incorporation shall not capital stock, 
exceed fifteen thousand dollars. 
Approved June 18, 1852. 



1852. 



24 



)o fcirce June 18, 
1852. 



AN ACT to establisli the Moinence Bridge company. 

Section 1. Be it eriocfrd by the people of the State of 
lllinitif!^ represented in the General ^dsscmbty^ That John 
Struiik, Orsnn Beebe, David Lynds, Samuel B. Bandle 
and James M. Perry, and their successors and assigns, be 
and they are hereby created a body corporate and politic, 
under the name and style of" the Momence Bridge com- 
pany, and under such name and style may coi tract and be 
contracted with ; sue and be sued ; plead and be im])leaded, 
in all courts and places where legal i)roceedings are had; 
to have and use a common seal and change the same at 
pleasure, and to liave and exercise all the powers, privi- 
leores and immunities necessary to carry into effect the 
objects of this act. 

§ 2. The officers of said company shall consist of five 
directors, who sliall have the management and control of 
the aflfairs ot said company, and shall be elected by the 
stockholders of said company, at such time and place as 
said company shall direct. Said directors may appoint a 
president, secretary, treasurer and such other officers as 
niiy be necessary. The persons named in the first section 
of this act shall be and constitute the directors of said 
company for one year after the passage of this act, and 
until tlieir successors are appointed. 

§ 3. The capital stock of said company shall be three 
thousand dollars, and may be increased by said company 
to five thousand dollars. Said capital stock shall be 
divided into s'lares often dollars each, each share entitling 
the holder thereof to one vote in all meetings of the stock- 
holders. Said stock s!mll be considered personal property, 
and shall be transferable upon such conditions as the com- 
panv s!iall direct. Sud r-ompany are hereby authorized 
to open books of subscription, and therein to receive the 
subscriptions of all pei'sons desirous of becoming stock- 
holders in said company, aid all such subscriptions hereto- 
fore made are hei-eby ratified and confirm<^d. 

§ 4. S.iid company, or the directors thereof, shall have 
povver to paS:^ all necesary by-laws-.and rules for the gov- 
ernment of said comj)any, and for the maintenance and 
disposition ot its jiropertv, not inconsistent with the con- 
stitution anil laws of this state, or of these United States, 
and the same to alter or repeal at pleasure. 

§ 5. Said company are jiereby authorized and em- 
powered to build and maintain a bridge across the south 
branch of the Kankakee river, in township thii-ty-one 
(31,) and thirty-one (31) north, and on the range line be- 
tween ranges Ihiiteen (13) and fourteen (14,) east of the 
third prin ipal meridian; to purchase, hold and transfer all 
the real estate necessary for carrying out the purposes of 



25 1852. 

this act, and to erect and maintain all toll houses, and 
otlnT buildings necessary I'or carrying out tlie ol)jects of 
said com])any. 

§ 6. Said company are iiereby authorized to erect aTuii-?ate. 
toll-gate at either end of said bridge, and to demand and 
receive of every person desirous of using said bridge, the 
following rates of toll, which may be diminished at any 
time, by t'le company : For earh pair of horses or cattle 
and wagon or cart, twenty (20) cents ; for each extra toiis. 
horse attaclied to said wagon, five (5) cent? ; for one iiorse 
and bu:Tgy or carriage, fifteen (15) cents ; for a mm and 
horse, ten (10) cents ; for each horse, ass, mule, and for 
each head of cattle, three (3) cents ; for each hog or s!ieep, 
two (2) cents ; for each extra wagon, cart, buggy or car- 
riage, five (5) cents; for each footman, two (2) cents; 
and for all other uses of said bridge, not above enumera- 
ted, such rates of toll as may not be inconsistent with the 
foregoing rates. 

§ 7. Any person or persons who shall wilfully do, or penalty, 
cause to be done, any injury to said bridge, or shall ride or 
drive or lead upon said bridge, any beast or team faster 
than a walk, shall pay and forfeit to said company, a fine 
of five dollars, to be recovered before any justice of the 
peace having jurisdiction thereof. 

§ 8. Tlie said bridge shall be deemed a public highway, pu^ic highway, 
within the meaning of the laws providing for the jjunisli- 
ment of persons injuring, obstructing or destroying public 
highways or bridges, in any manner whatever: /^/^7^^V^^/, Proviso. 
that nothing contained in this or the preceding section shall 
be construed to prevent said company from commencing 
or maintaining any suit or proceedincf which ordinary per- 
sons may do for injuries done to their property. 

§ 9. This act to take effect on its passage. 

Approved June 18, 1852. 



AN ACT to incorporate the Virg!n"a Seminary of the Cumberland Presby- In force June 18, 
terian Church. *^^- 

Section 1. Be it evaded by the people of the S-lnfe of 
If/inoi^, represented in the General vH^semhlij^ That John 
M. Be-.ry, Abraham H. Goodpasture, Nathan H. Downing, C"^"^'-"^"- 
Elihu Bone, Richard S. Thomas, Mahlon H. L. Scliooley, 
John B. Thompson, H irvey O'Neal and Gilbert Dodds, and 
their successors, are hereby created a bod}' politic and cor- 
porate, by the name of " Virginia Seminary of the Cumber- style. 
land Presbyterian Church," and b} that name to remain and 



1852. 



26 



Proviso 



Object 



"Sr us tees. 



Power of trustees 



have perpetual succession, witli power to contract and be 
contracted with, sue and be sued, pleau and be impleared ; 
to acquire, hold, use and convey proi)eity, real, j)ersonal 
and mixed ; to use a common seal, and the same to alter or 
chaiHi-e at pleasure ; to make and alter by-laws for the gov- 
ernment of the corporation, its oflicers, agents and servants : 
Provided, such by-laws be not contrary to the constitution 
and laws of the L'nited States or of this state. 

§ 2. Tlie object of the corjjoration shall be the estab- 
lishment, support and government of a seminary of learning, 
for tlie advancement of religion, science and the cause of 
education generally. 

§ 3. Tiie said seminary shall be and remain located at 
or near Virginia, in Cass county ; and the persons named in 
the first section hereof and their successors shall be the 
trustees, together with the president, who shall, ex officio, be 
a member of the board. 

§ 4. The said trustees shall have power to erect the 
buildings necessary f)r the seminary ; to obtain title, in the 
name of the corporation, to the laud on which the buildings 
are to be erected ; to appoint a president, and professors, 
teachers and instructors, as the wants of the institution may 
require and the funds justify; to fix the compensation of the 
president, professors, teachers and instructors, and to re- 
move or dismiss any ow or all of them and appoint others 
in their places ; to employ agents and servants and dismiss 
them at pleasure ; to purchase furniture, books, maps, 
charts, globes, chemical, philosopliical and other apparatus 
required in the business of instruction; to prescribe the 
course of study, fix the price of tuition, room rent, and all 
other accommodations aflforded to pupils; to adopt by-la\ys 
tor the regulation of the duties of all persons employed in 
the institution and the conduct of students and pupils ; they 
shall also have j)0wer to dismiss from the institution all stu- 
dents or pupils who may violate the laws, or whose conduct 
may be immoral. 

§ 5. The corporation may receive or take by any mode 
of conveyance or transfer, property, real, personal or mix- 
ed, and have, hold and use the same, together with the is- 
sues, rents and profits thereof, for the use of the institution, 
and subject to the control and disposition of tlie trustees : 
Provided, however, that property or money donated to the 
institution for a special purpose shall, if accepted, be faith- 
fully applied to such purpose. 

§ 6. The lot of land on which the buildings may be 
erected, not exceeding in quantity twenty acres, with the 
improvements thereon, and all the personal property of the 
corporation, shall be exempt from taxation for any purpose 
whatever. 

Authority to con- § ?• The Said trUStceS shall have power to establish de- 
fer degrees, partments in the said seminary lor the study ot any or all 



?i-operty, 



Proviso. 



Kxetnptions from 
taxation. 



27 1852. 

the liberal profession's, incliulinp^ the arts aiirl sciences, and 
to gr^nt di|)Iomas, and to confer sucli academical or hono- 
rary degrees as ai-e usually conferred by colleges or semi- 
naries in which similar studies are pursued. 

§ 8. The said trustees shall also have power to establish "^^p"'";^!^"* »* 
a dej^artment for the study of theology, the president and 
professors of which shall always be nominated by the San- 
gamon Presbytery of the Cumberland Presbyterian Church, 
and ap{)ointed by Mie trustees. 

5 9. The said trustees shall hold a meeHng at Virginia, Meeting and divi- 

i r iiriiXT 1 -CI, I ■ •, sion of trustees. 

on or before the hrst Monday in September next, appouit a 
president secretary and treasurer of the board ; and the 
president shall at said meeting divide the members of the 
board, including the president, into three classes of equal 
number ; and tlie time of service of those composing the 
first cla-JS shall expire two years from said date; tliose 
composing the second class shall expire four years from 
said date ; and tiiose composing the third class shall expire 
six years from said date ; so that the time of service of one 
third of the members of the board will expire and succes- 
sors be appointed every two years ; and persons appointed 
to till vacancies resulting from death, resignation or remo- 
val out of the slate, shall stand in the class or classes of 
those who may thus have ceased to be members of the 
board, and their time of service limited accordingly. 

§ 10. Successors to trustees whose term of service shall successors to b« 
have expired shall be employed of persons nominated by "on^'^'^ted, &c. 
the Sangamon Presbytery of the Cumberland Presbyte- 
ri;in Cliurch, who siiall be appointed, upon such nomination, 
by the trustees in office; and all other vacancies occurring 
in the board shall be filled in like manner: Provided, thatPro'^'iso. 
if the said presbytery should at anytime fail to make nomi- 
nations the trustees in office shall make apj)ointments to 
stand and continue until the said j)resbytery shall act in the 
premises. 

§ 11. A majority of the boai-d of trustees for the time Quorum, 
being sliall constitute a quoi-um for the transaction of ordi- 
nary business; but two-thirds of the board must concur in 
the a|)pointmentor removal of the president, and a majority Removals, 
of the whole board must concur in the a[)pointmeiit or remo- 
val of professors, teachers and instructors in the academical 
de])art:nen s. 

§ 12. The president and professors of the theological Removal of theo- 
de])artment sliall be subject to removal only by the Sanga- sots^ ^^"^^ 
mon Presbytery of the Cumberland Presbyterian Church. 

§ 13. This act shall be a public act, and shall be in 
force from and after its passage. 

Approved June 18, 1852. 



28 



la force June IS, 
1852. 



Duty of secretary. 



AN ACT to incorporate the Mt. Carroll Cemetery Association. 

Section 1. Be it enacied by the people of the State of 
Illinois, represented in the General Jissenibhj, That Reu- 
ben W. Brush, Samuel J. Campbell, Nathaniel Halderman, 
Daniel Ernest and Benjamin P. Miller, and their associates, 
in the town of ]\It. Carroll, in the county of Carroll, and 
their successors, be and they are hereby constituted a body 
corporate and politic, by the name and style of the Mt. 
Carroll Cemetery Associatirn, and by that name to have 
perpetual succession, and shall iiave and possess and be 
invested with all the powers, rights, privileges and immu- 
nities incident to a corporate body. 

§ 2. Said association shall have power to own and pos- 
sess real estate, not exceeding ten acres, which shall be 
exempt from taxation. 

§ 3. The object of said association shall be, exclusively 
and solely, to lay out and enclose and ornament a plat or 
piece ot ground, not exceeding ten acres as afoiesaid, to he 
used as a burial ])lace for the dead. 

§ 4. The officei'S of this association shall be a president, 
a treasurer, (who shall act as secretary,) a su[)eriutendent 
and two directors, who shall be chosen anuually, by ballot, 
and shall hold their officers until their successors are cho- 
sen. Any neglect to choose officers on the day fixed upon 
by said officers shall not operate as a forfeiture of this act 
of incorporation. 

§ 5. Said association shall have power to lay out said 
burial place into lots of suitable size for family burial 
apartments, and sell and convey the same by warrantee 
deed, in fee simple, signed by the president of said asso- 
ciation, the purchaser of which shall use the said lots as 
herein contemplated, and for no other purpose whatsoi ver. 
Said lots to be forever exempt from taxation and execu- 
tion. 

§ 6. The proceeds arising from the sale of said lots, 
after deducting all the expenses ot purchasing and laying 
out, shall be aj)})ropriated and used in improving and orna- 
menting the burial ground, or in other objects connected 
with tnis incorporation. 

§ 7. Every person holding one or more lots shall be a 
member, and entitled to one vote only. Absent members 
shall have y)ower to vo'e by proxy. 

§ 8. It sliall be th.e duty of the secretary, on the order 
of the president or any two directors, to call a meeting of 
the members tor the choice of officers, or (or the transac- 
tion of any kind of business which tliis act aulhorizes, by 
giving ten days' public note [i otice.] 

§ 9. The said corporation shall have power to estab- 
lish and change by-laws, and prescribe rules and regula- 



29 1852. 

tioiT? for their government and tlie direction of tlieir officers, 
and prescribe their duties and the management of their 
property and affairs. 

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

Approved June 18, 1852. 



AN ACT to vacate certain streets and allej^s in the town of Jonesboro. inform JnneM, 

1852. 

Section 1. Be it enacted by the people of the State of 
Illiiijis, represented in the General Jififie'mhhj^ That the 
alley extending from Broad street to Market street, be- -^^^®^'''^'^^'**'' 
tween lots No. twenty- three and twenty-four, thirty-four 
and thirty-five, in Grammar's donation for the town of 
Jonesboro, be and the same is hereby vacated 

§ 2. That the portion of said street extending from p^irt of street va- 
Broad street north to Market street, in Heacock and Mcln- "'"''''• 
tos!i's addition to the town of Jonesboro, be and the same 
is hereby vacated. 

§ 3. That tlie ground thus vacated shall be sold atsaie of vacated 
public auction by the sheritf of Union county, upon such s'""™^"- 
terms and at such times as the county court of said county 
shall determine, and the proceeds of such sale, after defray- 
ing all expenses, shall be paid into the county treasury, to 
be used as other county funds. 

§ 4. This act sliall be deemed a public act, and shall 
be in force from and after its passage. 

Approved June 18, 1852. 



AN ACT to incorporate the Fox River Valley Railroad company. in force June la, 



1S62. 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General J^Usembbj, Tliat all 
such persons as shall become stockholders agreeably to^""^"""™* 
the provisions of this act, in this 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 Fox River Valley Railroad style, 
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 '^^'^ i»^ers. 
and use a common seal and alter the same at pleasure \ may 



1852. 30 

make by-laws, niies and regulations for tlie management 
of ])roperty, the regulation of its affairs and for the trans- 
fer of its stock, not inconsistent witli tiie existing lav.s and 
the constitution of this state or of the United States, and 
may m reover appoint such subordinates, agents, officers 
and servants as the business of the said company may re- 
quire, jirescnbe their duties and require bond for tlie faith- 
ful performance thereof. 

§ 2. That John Gillilan, William McConnell, H. N. 
Owen, George Gage, G. W. Karly, William Henry, J. A. 
Carpenter, H. E. Hunt, A. Edwards, Thomas H. Thomp- 
son, M. C. Town, George Harvey, George B. Raymond, 
E S. Wadsworth and B. W. Raymond, be and tliey are 
hereby ap[)ointed commissioners tor the purpose of proeur- 
iig subscriptions to the capital stock of said comj aiy, u hose 
duty it shall be to open books for subscriptif ns to the cap- 
ital stock of said c m])any, giving notice of the time and 
place when and where said books will be opened, at least 
thirty days' previous tliereto, by ))ub]ication in some news- 
paper publisiied in Aurora, St. Charles, Elgin, Woodstock 
and Chicago. The said commissioners, or a majority of 
them, shall attend at the place appointed for the opening 
of said books, and shall continue to receive subscriptions 
either personally or by such agents as they shall appoint 
for that purpose, until the sura of twenty-five thousand 
dollais shall have been subscribed, and as soon as said sum 
of twenty- five thou'ar.d dollars is subscribed, the said 
commissioners shall gi\e twenty days' notice, by publica- 
tion in a newsj)a})er published in Aurora, St. Charles, Elgin, 
Woodstock and Chicago, of an election by said stockhold- 
ers, of a board of directors, as hereinafter provided, for 
the management of said company. • At such time and 
place appointed for that purpose, the commissioners, or a 
majurity of them, shall attend and act as inspectors of said 
election, and the stockholders present shall proceed to 
elect thirteen directors, by ballot, and the commissioners 
present shall certify the result of such election under their 
hands, which certificate shall be recorded in the record 
book of said company, and sliall be sufficient evidence of 
the election of the directors therein named. The directors 
thus elected shall hold their office for one year and until 
their successors are elected and qualified. 

§ 3. The capital stock of said company shall be eight 
hundred thousand dollars, which shall be divided into 
shares of one hundred dollars each, and may be increased 
by the directors of said company to any sum not exceed- 
ing rne million of dollars, if necessary to complete the 
works herein authorized, and the same shall be subscribed 
for and taken under the direction of the board of directors 
of said company, in such time and place and manner as the 



31 1852. 

said directors sliall, from time to time, direct. The shares 
in said company shall be deemed and considered as per- 
sonal property. 

^ 4. The affairs of said company shall be managed by Anmmi eiectk.n 
a board of thirteen directois, to be chosen am nally by the °"^"'°*^'*'''^- 
stockholders, from among themselves. At all elections for 
directors each stockholder shall be entitled to one vote for 
each share held by him, and may vote either pei-sonally or 
by proxy, and a j)lurality of the votes given at any elec- 
tion shall determine the choice, and no stockholder shall 
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 said election. The directors shall hold 
their ollices for one year after election, and until their suc- 
cessors are elected and qualiiied, and shall elect one of 
their number president of said board ; and in case of any 
vacancy occurring in said board of directors between elec- 
tions, tiie same may be filled by the board at any leoal 
meeting of the directors, and the person so elected to fill 
the vacancy shall hold his office until the next annual meet- 
ing of the stockholders. In case of the absence of the 
president of the board, the electors shall have power to 
elect a president j?;ro tempore^ who shall exercise for the 
time being all the legal powers of the president of said 
company. The said board of directors may be diminished 
to any number not less than nine, or increased to any num- 
ber not exceeding fifteen, by a vote of the majority of the 
stockholders present at any annual meeting. 

§ 5. It shall be lawful for the directors to make calls Caiis for snm« 
upon the sums subscribed to the capital stock of said com- '*"^''=''"'^'^- 
pany, at such time or times and in such amounts as they 
shall deem fit, giving at h^ast thirty days' notice of each of 
said calls, in at least three public newsj)aj)ers published in 
this state and in case of failure on the part of any stock- 
holder to make payment of any call made by said directors, 
for sixty days' after the same shall have been due, the said 
board of directors are hereby authorized to declare said 
stock so in arrears, and all sums paid thereon forfeited to 
said company. 

§ 6. The said company are hereby authorized and em- oii'ect of con>«- 
powered to locate, construct and complete, and to man- 
tain and operate a railroad, with a single or double track, 
and with such apjiendages as may be deemed necessary by 
the directors for the convenient use of the same, from some 
point on the Galena and Chicago Union railroad, at or near 
the village of Elgin, east side of Fox river, in the county 
of Kane — thence through, or as near to as practicable, 
the village of Dundee, in Kane county, Algonquin, Mc- 
Henry county, and Richmond, in McHenry county, and 
thence in a northerly direction to the north line of the 



Right of way. 



1852. 32 

state of Illinois, and are further authorized to continue said 
railroad from Elgin, down Fox river, passing through, or 
as near to as practicable, the villages of Clintonville, St. 
Charles, Geneva, and intersecting the Aurora Branch rail- 
road at or near the village of Batavia, and to survey and 
determine the line of said road upon such route, between 
said jjoints, as the said conij)any shall deem most eligible. 
And the saivl company are further authorized to use and 
operate said railroad, and shall have power and authority 
to regulate the time and manner in which goods, effects 
and persons shall be trans])orted on the same, and pre- 
scribe the manner in which said railroad shall be used and 
the rate of toll for the transportation of persons and pro- 
perty thereon, and for the storage of merchandise and 
other property under their charge, and shall have power to 
provide all necessary stock and material for the operation 
of said road, and shall have power to erect and maintain 
all necessary depots, stations, shops and other buildings, 
and machinery for the accommodation, management and 
operation of said road. 

^ 7. The said company are hereby authorized by their 
engineers and agents, to enter upon any lands for the pur- 
pose of making the necessary surveys rnd examinations of 
said road, and to enter upon and take and hold all lands 
necessary for the construction of the said railroad and its 
ap})endages, first making just and reasonable compensation 
to the owners of said lands for any damage that ma} arise 
to them from the building of said railroad ; and in case 
said company shall not be able to obtain the title to the 
lands tlirough which the said road shall be laid, by pur- 
chase or voluntary cession, the said company are hereby 
authorized to proceed to ascertain and determine the dam- 
ages sustained by such owner or owners, in the manner 
and upon the principles provided by tie ninety-second 
chapter of the Revised Statutes of this state, entitled "-A 
right of way :" Provided^ that after the appraisal of dama- 
ges as provided in said statute, and upon the deposite of the 
amount ot such ap])raisals in the circuit court of the county 
wherein such lands may be situate, the said company are 
hereby authorized to enter upon such lands for the con- 
struction of said road. 

§ 8. Ti'.e said company are authorized and empowered 
Bioney." """ to borrow, from time to time, such sum or sums of money, 
not exceeding the capital stock of the companv, as in their 
discretion may be deemed necessary to ai J in the construc- 
tion of said road, and to pay any rate of interest therefor 
not exceeding ten per cent., and to pledge and mortgage 
the said road and its appendages, or an\ part thereof, or 
any other property or effects, rights, credits or franchises 
of the said company, as security for any loan of money and 



IViwCT to borrow 



3;i 1852. 

interest thereon, and to dispose of the bonds issued for 
such loan at such rate or on sa-h terms us the board of 
directors may determine. 

§ 9. Said corporation s'lall be bound to repair all pub-Kepairof roaos, 
lie highsvays, bridges and water courses w.iica iiriy be 
injured in constructing the said railroad or its appendages, 
and shall restore them, as far as practicable, to as good a 
condition as they were before they were injired. 

§ 10. It shall be lawfil for said company to unite with union with other 
and other railroad coaipany vvliich may liave be:'n or may '"'"'^^* 
hereafter be incorporated by this state or the state of 
Wisconsin, and to grant to any such comj)any, tue right to 
construct and use any portion of the road liereby author- 
ized to be constructed, upon such terms as may be mutually 
agreed between the said companies ; also the rigiil to 
purchase or lease all or any part of any other railroad 
which is or may be h^^reafter built in this st^ate or the state 
of Wisconsin, upon such terms as may be mutually agreed 
between the said railroad companies. 

§ 11. Any person who shall wilfully injure or obstruct Penalties. 
the said road, or any part of the appendages tliereto, sliall 
be deemed guilty of a misdemeanor, and shall forfeit to the 
use of the company, a sum threefold the amount of tlie 
damages occasioned by such injury or obstruction, to be 
recovered in any action of debt in tlie name of said com- 
pany, with costs of suit, before any justice of the peaCv3 or 
before any court of record in this slate. 

§ 12. The said company shall be allowed three years ^^'.'"'tation ef 
from tlie passage of this act for the commencement of the 
construction of said railroad, and in case the same shall 
not be completed in ten years thereafter, the privileges 
herein granted shall be forfeited. 

§ 13 This act shall be deemed and taken as a public Manner of cos- 
act, and shall be construed beneficially for all purposes '''■''"'^'^'°"' 
herein specilied or intended. 

Approved June 18, 1852. 



AN ACT to authorize Ihe city of Rockford to borrow mney. In force j one !«« 



1852. 



Section 1. Be it enacted bjj the people of the State of 
Illinois, represented in tlie General Assembly, That the 
mayor and common council of the city of Rockford be and-^^"^!^^^'^^^***^ 
they are hereby authorized, on the faith and pledge of said 
city, to borrow a sum of money, not exceeding ten thousand 
dollars, at a rate of interest not exceeding ten per cent., for 

3 



1852. 34 

a term not exceeding twenty years, and to is?ue llie bonds 
of" sdid city thereCor, under the seal of said city, siiji;ned by 
its clerk ana countersigned by tl e n1a^or of said city. 

^S 2. The ma^'i" and common cor.ncil of" said city are 

Ibsus of bonds, j ■^ , ii-'ir.i r i 

lieri^iy authoiizt-d, for lue ])Ui'))ose of borrowing money as 
aforesaid, to issue the 'oonds of said city, extended [execu- 
ted] as aforesaid, in the sum of one iiundred dollars each, 
be;iring interest at a late net excet ding ten ] er cent, per 
annum, payable annuady; said bonds to be j)ayable within 
twenty years from the issue, or as much sooner as the said 
mavor and conunon council may judpe proper, and to sell 
such bonds for the best ])i'ice tliey may be able to obtain 
for the same, and in the manner they may judge most for 
the interest of said city. 

§ 3. The said nrd\ or and common council shall apply 
^^^dsVJirowed. the mon^■y by them obtaii;ed under and by viitue of tiS act, 
in tlie building and construction of a jjublic biidge across 
Kock river, in said cit}, at or near where the bridge in said 
city across said river now stands ; and said money so 
payiii:;!!!. borrow'ed shall be i'ej)aid by the said city by taxes to be lev- 

ied on the taxable property of said city ; and it shall be the 
dutj^ of said mayor and common council to provide by ordi- 
nance for the re|)a\men; of said money so to be borrowed 
as aforesaid, by the time and in the manner such money may 
by tiie terms of the bonds issued thei'tfor fail due. 
,. ., ., (n 4. The said mayor : nd common council are hereby 

authorized, within the limits of twenty > ears as ah.rcsaid, to 
issue bonds, payable at d fi"erent times, in such manner as 
tiiey may in tin ir discretion judge best for '.he city, and as 
will make the sum borrowed most convenient of payment 
out of the taxes of said city. 
Approved June 18, 1852. 



In for:- Tune 19. ^^ ACT to incorporate the Grand Un-on of tlie Da\i(rhte"s of Temperance 
^^^-' ef the stale of 'Illinois, and the subordinate unions llierilo beiOnging. 

Section 1. Br if enacted hi/ fhe people of the State of 
Jllinois^ rcprefteiitcd in the Gi-ncral ^ssemh/y^ Tl at E. N. 

Corjoratjra. Smith, H. B. Rossiter, C. T. F. Stringer, R. W. Hammond, 
H. A. Wood, C. Barns, and A. H. Stone, the present offi- 
cers of the Grand Union of the Daughters of Ten perance 
of the State of Illinois, and their successors, be and they are 
hereby declared to be a community, corporation ond body 

Btyi). po itic, by the name and style and title of the '' Grand 

Un'on of the Daughters of Tunp ranee o "the State of llli- 
r.oii," and by that name they and th^ir tu jcetsors Si.all and 



35 1852. 

may, at all times hereafter, be capable In lav/ to lia\'e, re- 
ceive and retain to them and their successors, projjerty, cciiei-ivipuwew. 
real and [):-'rsor.al, also devises or bequests of any pers m 
or persons, bodies politic or corporate, capable of inaking 
the same, ai.d the same at their pleasure to transfer or dis- 
pose of in such manner as they may think proper: Pruvi i'lovibo. 
ded alwajs, that the said cor])oi'ati()n siiall not at any tiuie 
hold or possess property, real, pei'son>il or mixed, exceeding 
in annual value the sum of twenty thousand dollar . 

§ 2. The said corporation, by the name, style and title powers. 
aforesaid, shall be forever hereafter capable, both in law 
and equity, to sue and be sued, to plead and be iujpleaded, 
to answer and be answered unto, drfend and be defended, 
in all and any courts of justice, and b fore any judge, olli- 
cer or person whatsoever, in all actions, suits or demands 
whatsoever. 

§ 3. Its'iall and may be lawful for the said corporation s?ai. 
to have and use a common seal, and the same at their 
pleasure to change, alter, and make anew, and in geniTal 
have and exercise all such rights, })rivileges and immu- 
nities as by law are incident to or ai'e necessary to the cor- 
poration hei'ein constituted. 

^ 4. Tiie subordinate unions which are now belonging ^^'j']°JJ]^"*'' 
to or wlTicli niay herealter beh n ^ to or be instituted jy the 
corporal iv)ii above created, by complying with the provi- 
sions of the next section of this act, s'latl become and be 
bodies corporate, under the names respectively by w' i di 
they may have been or may be instituted, and as such bodies 
corporate shall forever be cajiabie of having, receiv ny and 
jiolding, respectively, property, real and personal, ai.^o de- 
vises or bequests, and the s ime, at pleasure, to trjinsfer or 
dispose of in f^uch manner as they may respectively think 
proper: Provided ahva^/s^ that no one of the said subuidi- rroviso. 
nate unions siiall at any tim- hold or jK)Sse^s j)ro[)erfy, real, 
personal or mixed, exceeding in annual \'alue the sum often 
thousand dollars. 

•^ 5. W^i'-never any subordinate union of tlie Daugliters "o in of laGorpo- 
of Temp2r:i:ice before mentioned, shall desii-e to become 
incorpoi'^iied under this act, it shall be the duty of said 
union to ( icct not less than five nur m ire than ten trustees, 
and a ceriificate of such election Sa.ad be recorded in the 
office of til ' recorder of the county wherein such union s' a'l 
be sltuatrd ; and from and af'er the recording of such cer- 
tificata t!ie said trustees and their successors shall become 
entitled io t'ne benefits of this act, an;l sliall fartver there- 
after be ca[)able, both in law and in equity, of suing and 
being s.ird, pleading and being in)i)leaded, answering and 
being an-wered unto, defending and being defended, in any 
and all urts, and before any judge, officers or persons 
whatsoevL'r, in any and all actions, matters, and things 



1852. 



S6 



Powtr of t^nbor- 
dinate unious. 



wliatsoever, under the names respectively hs ]v:.,i\ided in 
tiie foiirtli st'Ction of tlii'' act. 

§ 6. S '.sd subordinate unions may resj)ectiviJv l)ave a 
coinmoii seal lor their own use respectively, and at their 
pleasure chaus;e, alter or make anew the same, and I'espec- 
tivei}^ have, exercise ami enjoy all such riglit-', })rivileges 
and immunities as by law are incident to or neci ysary to 
the support ot t le same. 

§ 7. Tuis act to take effect from and after \i>: i ^'.ssage. 

Approved June 19, 1852. 



Corporators. 



Style. 



In force June 1^ ^-^ ^CT to am.enJ an act entitled "An act to incorporate the Ct:iural Mili- 
^ '^" tary Tract Railioad company." 

Section 1. Be if enacted hij (he people if the S'tate of 
I l/lnui'^^ 7-eiire!^enlt'd in the (ioieral A^fiem'd;!. Ti at Wil- 
liam McMurtry, George C. Lanphere, James Buip-e, Silas 
Willard. Chauneey S. Coulton, Alfred Brown, Edwin G. 
Ellet, Edward Hollister, Amos Ward, Sylvester B'ish, Bar- 
ney M. Jackson, Myrtle G. Brace and William Maxv, ell, and 
their associates, subscribers to the stock of the Cei;!,ral Mili- 
tary Tract Railroad company, and all such persons us shall 
hereafter become stockholders in said comnany, si all be and 
are hereby declared a body jiolitic and corporate, bj' the 
name and style of " Central Military Tract Rail! oad com- 
pany," vv^ith perpetual succession, and under that natne and 
style sliall be capable of suing and being sued, inipiead and 
being impleaded, defending and being defended against, in 
law and equity, in all courts and places whatsoev: r, in like 
manner and as fully as natural persons ; may m:;j e and use 
a common seal, and alter or renew the same \\'{ ■ easure ; 
and by their said corporate name and style shall !•. capable 
in law of contracting and being contracted witli ; shall be 
and are hereby declared invested with all the poweiS, privi- 
leges, immunities and franchises, and of acquirini', by pur- 
chase or otherwise, and holding and conveyinir real and 
personal estate which may be needful to carry iiilo effect 
fully the purposes and objects of this act. 

§ 2. The said corporation is hereby authorize ; and em- 
powered to survey, locate, construct, complete, alter, main- 
tain and operate a railroad, with one or more tr:'( ks, from 
the town of Galesburg, in the county of Knox, in a north- 
easterly direction, on the most direct and eligible route to- 
wards the city of Chicago, to a point to be designated by the 
said company, on or near the line of the Chicago ;=nd Rock 
Island Railroad, or on or near the line of any other railroad 



@t>JeQts. 



37 1852. 

or railr.iuls connecting witli or extending to ti:e said city of 
ChicaL^'^ with a branch of the same to the town of Hender- 
son, in t! :• county of Knox. 

§ 3. Tiie said corpoi-ation shall have tlie right of way mgiit of way. 
upon, and may appro])riate to its sole use and control, ibr 
the puijiii^^os contem[)lated lieiein, but not exceeding two 
hundrc i 'ret in width, through its entire length; niay enter 
upon, ill; i take possession of, and use all and singular any 
lands, streams and materials of e\'ery kind, for the location 
of depot '^% and stop[)iiig stages; for the purpose of con- 
strue tii'.;;; i)rid<Tes, dams, embankment?!, t-xcaxations, station 
grounds, spoil banks, turn-outs, engine houses, shojjs and 
other b'li'iiings necessary for the construction, com[)leting, 
alterinij', tnaijitaining, preserving and complete operation of 
said ro;- !. All sucii lands, waters, niaterials and piivileges Grant by state 
belonging to the state, are hereby granted to said corpora- 
tion for suit! ])urposes, but when owned or belonging to any 
person, . nmpany or corporation, and cannot be obtained by ^'^^^1.^"';'^^^"®^ 
voluntarv grant or release, the same may be taken and paid 
for, if ans damages are awarded, in the manner provided in 
"An ac: ti provide for a general system of railroad incor- 
poratioi!-. '" approved November fifth, one thousand eight 
liundre'l ;i!id forty-nine, and the final decision or award 
shall V( -! in the cor[)orati(jn all the rights, iVanehises and 
immunitii'S in said act contem[)lated and provided: -^''<^''''^- Proviso 
ded, th 't t.'ie appeal allowed by the j)ro\isions of the af)re- 
said ac* -^'lall not affect tiie possession by said company of 
the land <ij)praised ; and when the appeal is made l)y others 
than tlic- < taipany, the same shall not be allowed, except on 
a stipuhtfion of the party appealing that the said company 
may entt r upon and use the lands described in the petition 
for the u-cs and purposes in said pef^ition set forth, upon said 
company giving bond and security, to be approved by the 
clei'k of '.aid court, that they will pay all costs and damages 
that ma I) ■ awarded against said company on the hearuig; 
of said L'ppeal. The said company shall have power and cants, &c. 
authority to receive, take and liald all such voluntary grants 
and don itions of land and real estate, lor the purposes of 
said railroad, as may have been or sliall be made to said 
compapy to aid in the construction, accommodation and 
niaintenance of said railroad; and said company may con- 
tract and agree with the owners or occupiers of any land 
upon which said company may wish to vonstruct said rail- 
road, or which said company may wish to use or occupy for 
the pui;v)se of procuring materials to be used in or about 
the con-^lriiction^ maintenance or enjoyment of said railroad, 
or whii'li said company may wish to use or occupy for any 
purpose connected with said railroad. 

§ 4. I'he capital stock of said company shall be one Capita, stook. 
hundred thousand dollars, which ma}' be increased from 



1852. 38 

time to time, by a vote of a majority, in in eic-t, of the 
stoeklmUJers, at their annual meetii g, or at atiy special 
meeting which shall be called for the {utrpose hv 'iie direc- 
tors of said company, to any sum not exceeding liic amount 
required to be expended on account of said r ad; which stock 
shall be divided in shares of one hundred dollars eacii, which 
shall be deemed personal property, and may he i==sued, 
certified, transferred and registered in such manner and 
at such places as may be oidered and directed hy tiie board 
of directors. The board of directors shall requiiv i^ayment 

Paymeu!. • i , i ■ -i i ■ i i 

01 the cajiital stock subscnbed, m such sums, at such times, 
and in such proportions, and on such conditions, as they 
shall see fit, under the penalty of the forfeitiliv of all previ- 
ous payments thereon, and shall give not ce to tl e stock- 
holders of the payments thus required, and of t'le ]th=ice vi^hen 
and where the same are to he paid, at least thiity days pre- 
vious to tiie payment of the same. The said boar;i of direc- 
tors shall cause books to be kept open until the full amount 
of the capital stock, as above provided, is subscrilied ; and 

AdcJiMenai stock, when idditioual stock shall be voted by the sto'.i.ho'lders, 
as above provided, the directors shall cause hooks to be 
opened for subscription to said stock, in such siu.iiner and 
at such time and places as they shall direct. 

Ditectore. § *^' -'^'^ ^''^ Corporate powers of said compary shall be 

vested in and exercised by a board of directois, nnd such 
officers and agents as they shall appoint. The b'-aid of di- 
rectors shall consist of thirteen stockholders, rsix i-f whom 
shall be resident witiiin filteen miles of tlie lini oi said rail- 
road, as heretofore located, and the remainder of whom may 

How ci)c8?n. or may not be residents of the state. The boarrl of direc- 
tors shall be chosen evei-y year by the stock'uiiflers, each 
share having one vote, to be given in person cr hv proxy, 
and shall hold their offices until their successois shall be 

vaeanaies. elected and qualified. Vacancies in the board rnny be fil- 
led by a vote of two-tliirds of the directors remai)iiitg. Such 
apj)ointees to liold their offices until the next election of 
directors. Other officers, agents and servants, whether 
members of the board or otherwise, may be aj)[)ointed, em- 
ployed, paid and dismissed, under such rules anii regula- 
tions as t'le board of directors may, from tiiiie to time, 

Boarri— of whom ado[)t, uutil t!ie first Wednesday of June, 1853. The board 
of directors shall consist of William McMurtiy, George C. 
Lanphere, James Bunce, Silas Willaid, Chaui;. <' S. Col- 
ton, Edwin G. Ellet, Edward Hollister, Amos Waid. Syl- 
vester Blish, Barney M Jackson, Myrtle G. Bra- e, William 
Maxwell and Alfred Brown. Upon the first Widnt^sday of 

Mt-eting. June, 1853, and annually thereafter, on each fir r Wednes- 

day of June, shall be held the annual meeting <)• the stock- 
holders, at whicii the directors sliall be elected. Ail meet- 
ings of the directors shall be at such place as the ' uard may 



39 1852. 

appoint, and of the stockholders shall be held at the town 
ot" Galesbui'.v, or at soirie jjlace not more than live miles iVoin 
the line ot'said railroad. AH meeiiiigs of the stockiioldcrs, 
except the annual meeting, shall be called b} the directors, 
and notice of siic;i meeting shall be pnbiished at least 
twenty d;i>s before tlie time appointed foi" such meeting, in 
some newspaper pnbiished in the vicinity of the railroad. 
If, at any mt-etin.!: of tlie stockholders, a miioritv of the stock *i''-'°'"'*''°'' ' '^,'' 

III, ^ I to be lepri' i ut- 

sliall not be represented, either by tiie holders in person, or ^J* 
by proxy, no bnsiness shall be doii", but the stockholders 
])resent may adjourn from day to day, until a majority of the 
stock is represented at the meeting. Wiienever the eniire 
amount of tiie ca[)ilal stock, as lier^'inafLer provided, sliall 
have b(!fn subscribed, it sliall be the duty of the directors 
then in oiiice to call a meeting of the stockholders, for the 
purpose of electing new directors. U[)on the election and 
qualification of such newly elected directors, the term of 
the old directors shall expire, and the newly elected dice- 
tors s'lall hold until the regular election at the next aniual 
meeting. 

J 6. The said company shall have power to m ike, ry-iaw3. 
orda 11 and establis!i all such by-laws, rules and regulations 
as miy be (leem^^d expedient and necessary to lultil the 
purposes and carry into eliect the provisions of this act, 
and t^r the well ordering, regulating and secuiMiir the 
afFiirs, business and interest of the company: Pr;jridcr/,'Provso. 
that the Siine be not repugnant to the constitution and 
laws of the United States oi of tiiis state, or i'e])ugnant to 
this Act. The board of directors siiall have power to estab- 
lisli such rates of toll for the conveyance of persons or 
property upon the same, as they shall from time to time, 
b}'' iheir by-laws, determine, and to levy and collect the 
same for the use of the said c mpany. The transporta- 
tion of persons and })roperty, the width of ti-ack, and all 
other matters and things respecting the use of said road, 
shall be in conformity to such I'ules and regulations as the 
said board of directors shall, fi-om time to lime, determine. 

§ 7. If anv person shall careles ly, wilfully, maliciously Pena tics. 
or wantonly delay, hinder or obstruct the passage of any 
carriage on said road or branches, or shall place or cause 
to be placed any material thereon, or in any \\ ay trespass 
upon, spoil, injure or destroy said road or brandies, or any 
part thereof, or anything belonging or pertainiisg thereto, 
or employed or used in connection with its loc.ition, sur- 
vey, construction or management, all persons committing 
or aiding and abetting in the commission of such tres{)ass 
or ofTence, shall forfeit and pay to the said company treble 
such damages as shall be found before any court of com- 
petent jurisdiction; and furtlier, such offender s lall be 
liable to indictment in the county within whose jurisdiction 



1852. 



40 



Intersections. 



Sitersectint; 
companies to 
join, fitc. 



the offence may be coinmit'.ed, and to pa)' a fine of not less 
than thirty nor more than one 1 i(i;di(d dollars, to tl e use 
of the })eople of tlie state of Illii^ois, or may be imprisoned 
in the penitentiary for a term not exceeding five years, in 
the discretion of the court before whom the same shall be 
tried. 

§ 8. Said company may construct their said road on or 
across any stream of water, or water course, road, high- 
way, railroad or canal, which the ri ute of its road shall 
intersect, but the corporation siiall lestoie the stieam, or 
water coui'se, road oi- liighway thus intersected, to its for- 
mer state, or in a sufficient manner not to have impaired 
its usefulness. Whenever the route of the said railroad 
shall intersect any road or liighway, the said company shall 
have power to change the line of such road or highway, if 
such change shall be desirable, and shall not impair the 
usefulness of such road or highway, and the said company 
may take such additional lands for the construction of such 
roads or higliways as may be deemed requisite by said compa- 
ny. Unless the lands so taken shall be puicliased or volunta- 
rily given, com})ensation therefor shall be ascertained in the 
manner in this act piovided, as nearly as may be, and duly 
made by said company to the owner or person interested 
in such lands; the same when so taken to become part of 
such intersecting road or highway, in such manner and by 
such time as the' adjacent parts of the same liighway may 
be held for highway purposes. 

§ 9. And when the I'oute of the said road shall inter- 
sect, cross or connect with or run along or upon the line of 
any other railroad, the said company shall join with such 
other company in making all necessary turn-outs, sidelings, 
and switch, and other conveniences necessary to further 
the objects of such connection ; and when the route of any 
other company shall be occupied as aforesaid, just compen- 
sation shall be made to such other company for all expen- 
ditures made by them in the location ot such road, and all 
connections with other roads as aforesaid shall be maJe, 
and facilities in the transhipment of freight and passengers, 
and interchange of cars afforded by each, over the respec- 
tive roads, upon fair and equitable terms; and in case the 
said companies cannot agrte upon tlie amount of compen- 
sation to be made therefor, or the points and manner of 
such crossing and connection, the transhipment of freiglit 
and passengers, the interchange of cars, the same shall be 
ascertaintd and determined by three commissioners, one 
to be chosen by each of said companies, and the two so 
chosen to choose a third, and in case tliey cannot agree 
upon the cl oice of the third person, he shall be appoiiited 
by the judLC of the district court of the United States for 



41 1852. 

the district of Illinois, and the decision of tiie three so 
cho5!en to be final. 

§ 10. Said company is hereby authorized, from time to Power to borrow 
time, to borrow such sum of money as may [be] necessary '""°''^' 
for comp'eting and finishing, or operating their saiJ rail- 
roads and to issue and disj)ose of their bonds for any 
amount so borrowed, and to mortgage their corporate pro- 
perty and franchises, or convey the same by deed of trust, 
to secure the payment of any debt contracted by said com- 
pany for the purposes aforesaid ; and the directors of said 
company may make the bonds issued as aforesaid conver- 
tible into stock, at the option of the holder thereof, at any 
time not exceeding ten years from the date of such bond". 

§ 11. The said company shall prosecute the construe- cio^trticuon. 
tion of the said road, with all practicable speed, commen- 
cing the construction at or near the northern terminus 
thereof, and shall comj)lete the same to the town of Gales- 
burgh and Henderson, within eighteen months after the 
said road shall be constructed within filteen miles of the 
town of Galesburgh. 

§ 12. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved June 19, 1852. 



AN ACT to amend the charter of the city of Pekin. In force June 19, 



1852. 



Power to borrow 



Section 1. Be it enacted hy the people of the State of 
Illiiijls, represented in the General Assembly, That the 
city of Pekin is hereby authorized to borrow any sum orTue/! 
sums of money, not exceeding fifty thousand dollars, for 
the purpose of making a steamboat landing at said city of 
Pekin, and otherwise improving the city, and issue her 
bonds for the payment of any money she may borrow, un- 
der the provisions of this act. 

§ '2. The ciy council of the city of Pekin is hereby Tax authorized, 
authorized to lay, ass -ss and collect annually, a tax of not 
exceeding one per cent, on all taxable propertv, both real 
and personal, within limits of said city of Pekin, as a 
revenue for city purpo«ies. 

9 3. The city of Pekin shall have power and authority suppression oi 
to enact and pass ordinances, not inconsistent with the t'oxicatmg"" 
laws of this state, to suppress and restrain the sale of in- '^'■'"'''• 
toxicating liquors, tippling houses and dram shops, and all 
fines, forfeitures and penalties tiat may be assessed and 
collectel from any person or persons, within the city of 
Pekin, for the violation of any ordinances of the city of 



1852. 



42 



Pekin, passed or that may hereafter be passed, foi- the sap- 
pression of dram shops or tipj)liiig houses in the sm i city of 
Pekin, shall accrue to and be paid into the treasury of the 
said city of Pekin. 

§ 4. This act to take effect and be in force iVom and 
after its passage. 

Approved June 19, 1852. 



In force .' u':;ust 
1, 1832. 



AN ACT to incorporate the Chicago Mutual Insuraiice coTipiny. 



Section 1. Be it enacted by the peojile of tJic State of 
Ittiihjis, represe?itec/ in llie Gene7'al <^^Hse7nlili-j^ That from 

Corporators. tlie time tliis act shall take effect, George Sieeie, Oharles 
Walker, Thomas Richmond, Edward K. Rogeis, Thomas 
Pyer, Walter S. Gurnee, Julius White, John 1'. Cliapin, 
Ciiarles L. Harrison, Elisha S. Wadswortfi, Jer; miah W. 
Duncan, William Biair, James Peck, and all otl < ) persons 
who may hereafter associate with them, in tlie manner 
lierein prescribed, shall be a body politic and coijiorate, by 
the name of the Cliicago Mutual Insurance comj^aiiy. 
§ 2 Tiie corporation hereby created may (ni-ome a 

General powers, pai'ty to suits at law, may make by-laws not inroiisistent 
with any existing law, for the regulation of its affairs, iiave 
and use a common seal and alter the same at plea^^re, and 
in addition to these genei-al povvers shall have aulhority by 

Special powers, instrument uiider seal or otherwise — 1st, to make insu- 
rance on all descriptions of property, against loss ov damage 
by fire; 2nd, to make insurance on all desciitions of 
boats and vessels, the cargoes and freight there(.!, and on 
bottomry and respondentia interests, against the perils of 
marine or inland navigation ; 3d, to cause thenisei\ es to be 
reinsured against any risk on which they have made insu- 
rance. 

Directors. § 3. All the Corporate powers of the said company 

shall be exercised by a board of directors, consisting of 
thirteen persons, (all of wliom shall be citizen ^ of this 
state,) and such officers, clerks and agents ss ihe saiu 

Termofoffice. board may aj)point. The directois sliall hold ti;< ir office 
two years, and until others are elected. The}' si all elect 
from their own body a ] resident and vice jiresi !' nt, who 
shall each respectively hold office during the afort ' iid term 
of two years, and until others are elected, bni nothing 
herein shall be so construed as to prevent a dijfctor or 
other officer, whose term has expired, or is about 1.) expire, 
from being again eligible. Seven members of t!ie board 
shall constitute a quorum for the transaction of business. 



43 1852. 

The persons named in t!ie first section of this act sliall C(;n- i irst board, 
stitiite the first board of directors. 

§ 4. The board of directors sliall have power to fill arsy vacaucios, 
vacancy that luiiy occur in their own bod\, a plurality t/f 
votes constituting a choice. Tluy shall also choose, in t!ie. 
same manner, previous to the bieninal election of directors, 
three inspectoi-s of such election, whose duty it shall be to 
canvass the votes c^st thereat, and declare the I'esult. 
The said inspectors shall also be judges of the qualifica- 
tion of voteis. Notice of such elections shall be gi\tn by ^f„tice of eieo- 
publication in one or more dail> newspapers published in ''""**• 
Chicago, at least two wetks previous thereto, over the 
signature of an officer of the company. 

§ 5. Evt-ry person or firm takaig a policy of insuranre rnfnred persons 
from the said company, shall lher;:U])on become a membt r ^j compan^.'^'* 
thereof, and shall, at all elections of directors thereaftei', bo 
entitled to xote upon his or their' di\idend certificates, 
issued as hereinafter provided, in the ratio of one vtjte for 
each twenty-fire dollars of such certificates: I^roi ic/( (/, noviso. 
that if any such election shall be held in accordance with 
the pro\isinns of this act previous to the first dividend of 
profits, each member of said company shall be entitled to 
vote thereat, in the ratio of one \ ote for every fifty doUais 
of premium previously })aid to the company: t/^??(/ 7/'-- Further proviso. 
vided, that in no case shall any j)erson or firm be entitled 
to more than fifty votes, excejit as provided in section 8 
of this act. 

§ 6. It shall be the duty of the corporators named in or^'anization. 
the first section of this act, or any number of them, not 
less than fi\e, within two years after this act takes t fleet, 
to open books, to receive applications for insurance to be 
effected by said com))any, and after the receipt of such 
applications to the amount of one lumdred thousand dol- 
lars, the books may be closed and the company organized. 

§ 7. All i)remiums upon policies issued by said co^ii- Proniinms tote 

1 ,1 I ■ 1 • I ,1 • • /!• i . laid in cash. 

pany siiaii be paid in i ash, when the insurance is efiecteii, 
(except as provided in section 8 of this act,) and no |ire- 
niitims so paid shall be thereafter withdrawn, but shall 
remain liable for all losses and expenses incurred by the 
company. 

§ 8. For the better security of policy holders, the said Notes for premi- 
coinpany may receive notes f)r premiums, in advance, ap- ""''" 
proved by the board ol directors, from persons intending 
to receive its policits, and on such portions of said notes 
as shall exceed the amount of j)remiunis that may ha\e 
accrued on j)olicies held by the signers thereof, at the suc- 
cessive periods when the company shall make iij) its 
annual statement as hereinafter provided, a compensHtif)i! 
may be allowed the signers thereof, in consideration of 
such guaranty, at a rate to be determined by the board of 



1852. 



44 



stock policies. 



Investment of 
funds. 



Statement of 
fairs. 



Certificates. 



Publication of 
statement. 



Suits at law. 



directors, but not to exceed seven per cent, per annum. 
Sucli notes shall be entitled to representation at elections 
of directors, in the same ratio as dr, idend certificates, and 
shall be liable for losses wiienever the cash ])remiLims there- 
tofore received are insufficient to pay the same: Provided^ 
that assessments so made on such notes, shall be reim- 
bursed from the funds of the company, before any dividend 
of profits shall be made. 

§ 9. It shall be lawful for the said company to issue 
stock policies (so called) to persons not desirous of par- 
ticipatingj in the profits or losses of the company, and all 
gams or losses on such policies shall be passed to the ac- 
count of profit and loss, on the books of tlie company. 

§ 10. It shall be lawful for the said company to invest 
their funds in bonds and mortgages on unincumbered real 
estate, worth fifiy per cent, more than the sum loaned 
thereon, and in any stocks created by or under the laws of 
this state or of the United States, and on bottomry and 
respondentia, or otherwise, at the discretion of the board 
of directors, and to change and reinvest the same. 

§ II. By the first day of February, 1854, and annually 
thereafter, the officei's of the company shall cause a true 
statement of its affairs to be made. They shall estimate 
the profits (if any) that have accrued on policies issued 
during the current year ending on the l^lst day of Decem- 
ber last preceding, and issue certificates thereof to the 
holders of such policies, in proportion to the amount of 
premium paid by each. Such certificates shall bear an an- 
nual interest of six per cent., and shall be redeemable 
whenever the accumulated profits exceed one hundred 
thousand dollars, so far and a^ fast as the same can be re- 
deemed by such excess; certificates for the first year's 
profits taking priority, and so on tliereafter, in regular 
succession. Nevertheless each such certificate shall con- 
tain a proviso that the sum therein named is liable for 
future losses at any time previous to its redemption, as 
provided in the seventh section of this act. 

§ 12. The annual statement as aforesaid sliall be full 
and complete, and shall be published in one or more daily 
newspaj)ers in the city of Cliicago, for two weeks, imme- 
diately after the same shall be made, and on slips, copies of 
which shall be delivered to members on request. 

§ 13. Suits at law may be prosecuted and maintained by 
any member, against said corj)oration, for losses and dama- 
ges insured against by them, if {)ayment is withheld more 
than sixty days after the same shall have been duly proven 
up, and any member of the company, not being in his individ- 
ual capacity a party therein, shall be deemed a competent 
witness in any suit against the company. All process 



45 1852. 

against the si\id company may be served upon tlie presi- 
dent or secretary. 

§ 14. Tiie olfice of the said company shall be located office. 
and kept in the city of Chicago. Notliing contained in 
this act siiall be so construed as to coi.fer any bankino- 
privileges wliatever, nor shall any certificate or evidence 
of stock or debt be allowed to circulate as money, under 
the penalty of forfeiture of the charter. 

§ 15. ^ Tais act shall take effect on the first day of An- Duration. 
gust, 1852, and continue m force fifty years, but may at 
any time be altered, amended or repealed by the legislature 
of the state of Illinois. 

Approved June 19, 1852. 



AN AoT to legalize the inco -poration of the city of Bloomin;>;ton and Ihe m force June 19, 
oifii.al acts of ihe mayor and the city council of sa'.d city, and to appropri- iS52. 

ate fines a:id forfeitures incurred within the limits of said city. 

Skction 1. Be it enacted Iv; the people of the State of 
Illinois, represented in the General ^>ssemhlij^ That the 
incorporation of the town of Bloomington, in McLea i coun- ncorporation le- 
ty, as a city, on the nineteenth day o"f February, A. D. one ^'"*'''"^- 
thousand eight hundred and fifty, in pursuance of the fifth 
sectiou of an act entitled "An act to incorporate towns and 
cities," passed February tenth, one thousand eight hundred 
and forty- nine, be and the same is hereby legalized. 

§ 2. That all the official acts of the city council and omciai acts u^ai- 
mayor, or' either of them, of said corporation, done since the '^'"^" 
election of its members, and which, in case uf the original 
legality of said incorporation, would have been according to 
law up to the period when this act shall take effect, be and 
the same are hereby legalized. 

k '^- Tiiat hereafter all fines and forfeitures collected ppnaities to b« 
for penalties incurred within the incorporated limits of the ^^yu^^ 
said City of Bloomington, shall be paid into the treasury of 
said city by the officers collecting the same. 

§ 4. Tiiis act shall be in force from and after its passage. 

Approved June 19, 1852. 



1852. 46 

In force June 19. AN ACT in addition to an act entitled '-'An act to authorize Ihe crn^truction 
^^'^'' of a b/idge iicrois tlie lllino.s river," approved Jamiaiy -^6, lb47. 

Section 1. Beit enacted hi] the peajilc (J the S^tate of llli- 
nuis, represented in the Generat Asstnihlij^ That i^aid cor- 
xaine and style. j,(,,.j^(^io,j giiall be kiii wu by ti.e name and style of the Peoria 
liriili^e Association, and by that name and style shall be ca- 
]»a')ie of" suing and being sued, pleading and being implead- 
ed, answering and being answered unto, in all courts and 
places whatsoever. 
Mode of serving ^ 2. The mode of Serving process, in any suit or pro- 
process, feeding against said corporation, shall be by delivering a 
cojjy of the writ or process to the secretary of said coipo- 
j aiion, at least ten days before the term or sitting of the 
court to which the same shall be made returnable. 
,. . , 3. The said corporation shall have the ric't to extend 

Kxtension of o _ 1 . r* , . 

bridge. sa:d bridge on the pn sent I'oad, as laid out, for a distance 

of one mile from where the said bridge now terminates, 
either by tressel work or by throwing up the earth and 
Proviso. ]ilaiiking the same : Provided, that said coi'poration shall 

}iot demand or receive any niore tolls than is now allowed 
by the charter to which this is an amendment. 

§ 4. This act to take etfect from and after its passage. 
Approved June 19, 1852. 



biforce June 19, AN ACT to change the n?me and firther a-nend Iho charier of the Alton 
*^°-- and Sangamon Railroad Company. 

Si-XTioN 1. Be it enacted by the people of the Slate of 
I llui'is, represented in tlie General tfissembhj^ TJiat the 
Aiitiiority to ex- Alton aud Sangamou Railroad company, incorporated by 
an ;u't entitled "An act to construct a railroad from Alton, 
iu iM.idison county, to Sj)riiig{ield, i.: Sangamon county," 
approved February 29th, 1847, be and are hereby author- 
izi'd to extend their said railroad from the termination of the 
pKiension of the said Alton and Sangamon railroad from 
S :iiiu.j,field to Bloomington, in McLean county, from Bloom- 
in^'ton, by the most el gible route, to connect with the Cliica- 
gi) and Rock Island railroad, at a point upon said Chicago 
a id Rcok Island railroad not west of Ottawa, in La Salle 
county, nor east of Joliet, in Will county ; and for the 
pur^ ose of such extension, said Alton and Sangamon Rails 
road coinpany shall be and are hereby declared to posses- 
all the powers, and be subject to all restrictions, coi:tained 
in the originil ^'ct of incorporation, and acts amendatory 
of the sati.e. Tie said company shall have the option to 
extend the»r sa.d railroad from said town of Elooininuton 



47 1852. 

to the rity of C'lica'jjo, by way of Joiiet, in Will county, 
upon tin- most direct and practicable route, if snid com- 
pany s 1 i!l so desire ; but if said company construct said 
raUroad to Cliicago, it shall not connect vvitli any rnilroad 
running east, to the state of Indiana, ncrth of Ottawa, until 
after sai 1 road shall toucli tiie limits of said city of Ciiica- 
go. S lid company are hereby exj)ressly prohibited fr(»ra 
connect ing with any road running east, out of this state, 
or any hrancu running east out of the st te, fruin any point 
north o!" Ottawa, except and only through Chicago, and all 
right to any such eastward connectioti or brancli leading 
east from any point north of Ottawa, except through 
Cliicag), is withlield from and expressly denied to said 
company : Provided, hjivever, the prohibition above named ^''o'^'iso- 
shall not prevent said company crossing any railroad be- 
tween Bujomington and Chicago. 

§ 2. The name of said company is hereby clianged and Name changed, 
declared henceforth to be "•The Chicago and Mississippi 
Railroad company," and by and under that name said cor- 
poration shall be henceforth known and have its corpo- 
rate existence, and hold and be possessed of all the rights, 
pov.ers and privileges granted to the Alton and Sanganmn 
rai'road compaiiy, in the original charter of said company, 
as also under the amendments made to said charter, and 
shall hi', and become vested with all the proj)erty and estate 
of every kind whatsoever vested in the name of said 
Alton and Sangamon Railroad company, and become liable 
to all the restrictions, contracts and obligation'* made or 
incurred in their original name; and all suits now [tending 
or liabdities accrued, or agreements made in said oiijiinal 
name, shall proceed or continue to be enforced without 
any delay on account of said alteration, upon the sugges- 
tion of t!ie change of name being enteied of record, i;i aiiy 
court where any such agreements, liability or right may be 
now ])ending or hereafter sought to be enforced. The capi- 
tal stock of said company niay be increased to such sum ofincrease of stock, 
money as may be deemed necessiry to construct, finish and 
maintain said extension: Provided., however, that tlie en- pj.Q^igo_ 
tire capital stock of said company shall not exceed three 
milli/n-; five hundred thousand dollars; and said company 
shaii lave authority to increase tln^ number of their direc- 
tors., not exceeding four, in addition to those already jiro- 
vide 1 for. 

§ 6. It shall be lawful for the said company to unite union ■wituotucr 
wi'ii any other railroad company whi h may have been, or 
ma ' hereafter be incorporated by tliis state, and to grant 
to any such company the right to construct and use any 
port. on of the road authorized to be con>tructed by any of 
thf auundmsnts of the orig'nal chartf r of the Alton and San- 
gai;ioii Railroad company iLereto made or to be made, upon 



1852. 



48 



sucli terms as may be mutually agreed upon between the 
said comjianies, and the said Cliieago and Mississi))j)i Rail- 
road company sliall have power lo take, use and make 
arrangements for the trans|)ortation of freijrht and passen- 
oonstruction of gers, Carried or to be carried upon said railroad or other- 
'"^^^' wise, trom Alton to St. Louis, Missouri, and for this pur- 

])ose to crnsiruct, own and use such boat or boats as may 
be necessary. 
„ . , ^4. Tiiac previous to any application beinij made to 

Notice of pro- ^ ,- i ■ c- ■ ■ 

ceedings to cou- the governor lor the appouitment (ji commissioners, as pro- 
emn a . yided in the eleventti section of the original charter to 
which this is an amendment, it shall be the duty of the 
commissioners to give notice to those interested in the land 
over which the said railroad company desires to obtain the 
right of way; wliich notice shall be in writing, specifying 
the time wiien such application is to be made to tlie gov- 
ernor, and shall be served upon the owners and those in- 
terested in said land, by the commissioners of said com- 
pany, or by any sheritF or constable of the county in which 
said persons reside, in the same way as service of process 

provi=o ^^ chancery : Provided, said owners, or those interested, 

are residents of the state of Illinois, or in case said owners, 
or those interested, shall be non-residents of the state of 

Publication. lUinois, then such notice may be given by publication in a 
newspaper published in the county where said lands lie, or 
in case tiiere is no newspaper published in the county, then 
the nearest newspaper published in this state. Said publi- 
cation shall contain the names of the parties interested in 
said lands, the description of the lands, and the time when 
application is to be made to the governor for the appoint- 
ment of commissioners as aforesaid, and shall be made for 
four successive weeks, the first of which shall be made at 
least thirty days before said application is to be made. 

§ 5. Tliat copies of all papers, books or proceedings 
whatsoever, or parts thereof, appertaining to tlie transac- 
tions of said railroad company, or to the proceedings here- 
tofore had in connection with the organization of the ori- 
ginal company by the commissioners, or since had by said 
railroad company, certified to be true copies by the clerk or 
keeper of the same, under the seal of said corporation, the 
said clerk or keeper also certifying that he is entrusted 
with the safe keeping of the originals of which he gives cer- 
tified copies, shall be received as prima facie evidence of 
the facts so certified, in all the courts of this state, in any 
suitor proceedings y)ending before them, without any proof 
of the identity of said clerk or keeper of the original papers, 
books or proceedings as aforesaid. 

§ 6. Foi the purpose o( facilitating the construction of the 
railroad authorized by this act, the said corporation is and 
shall be permitted to negotiate a loan or loans of money, to the 



49 1852. 

amount of its capital stock, and to pledge all of its property, 
real and personal, and all of its rignts, credits and franchi- 
ses, for the payment thereof. 
Approved June 19, 1852. 



AN ACT to chang:e the name of Myron Lodije, No. 1, of the Old Free Order 
of Chaldea, of the city of Chicago, Cook^coanty, llLnois, to the name o£^^iorc^3^ei9, 
"Myron Grand Lodge." *^'^- 

Section 1. Be it Piiadedhy the^ people of the State of 
IlUnuis, represented in the General ^Hsscmhifi^ That from 
and after the passage of this act the name of Myron Lodge, Kame cuiuigcrt. 
No. 1, of t!ie Old '^yq% Order of Chaldea, of the city of 
Chicago, Cook county, Illinois, be changed and known in 
law and equity, by that of Myron Grand Lodge, No. 1, of 
the Old Free Order of Chaldea, of the state of Illincis. 

§2.^ Nothing shall be so construed in tins act as to Right, reserved. 
prejudice or affect tiie rights of any person or persons, by 
the change of the name of said lodge, but all contracts, 
privileges and immunities which have accrued previous to 
the passage of this act, shall be carried out as elFectually 
as if tills act had not been passed. 

Approved June 21, 1852. 



AN ACT to amend "an act to incorporate a Literary and Theoloorical institu- in force Jvme 21, 
t-on of the E\Mn::;eIcal Lutheran Church of the Far Wevt, to be located in 1Sj2. 

Hillsboro, Mout^omer}' county, Illinois," approved January 22, 1847. 

Section 1. B& it enacted by the people of the State of 
Illinois, represented, in the General t.^tsemblt/. That John 
T. Stuart, James C. Conkling, Richard V. Dodge, Elijah 
lies and Simeon W. Harkey, together with L. P. Esljorn teU!'"'**' ^^^ 
E. J. Donmyer, C. B. Tliummre, J. P. Lilley, N. j! 
Stroll, Ephraira jNLller, yV. A. Trlmper, Edmund Miiler, 
Absalom Cress, David Gregory, Jacob Cress, jr. and 
Francis Springer, being the trustees of the Literary and 
Theological Institute at HiUsboro, Iliinois, approved Janu- 
ary 22, 1847, oe and they are created a body corporate corpomUo*. 
and politic, for the purpose of founding and maintaijiino- in 
or near the city of Springfield, Illinois, an institution of 
learning, to be known by the name of the Illinois State 
University. 

§ 2. Said corporation s!'all be known by the name and st i? 
style of the Board of Trustees oi Illinois State University, 
4 



1852. 



50 



Geiisriil poworr . 



Proviso. 



iioanlot' truftcps. 



(jjuovum 



Pepr.rtments 



GL>rtifioste3 of 
scholarship. 



Faculty. 



and by tliat style and name remain and have perpetual snc- 
cessiun, vvitii power to sue and be sued, pitad and be 
impleaded ; to acquire, hold and convey j)roperty, real per- 
sonal or mixed, ui all lawful ways ; t) have, use and alter 
at pleasure a common seal ; to fill all and every vacancy 
or vacancies occtirring in their body, by death, resignation 
or otherwise; to make alter and establish, from time to 
time, such consLitutio!!, rules, by-laws and regulations as 
they may deem necessary tor the good government of said 
cor|)Oration and the proper management of the institution 
under their control: Pruvuled^ such constitution, lules, 
by laws or regulations be not inconsistent with the consti- 
tution and laws of this state or of the United States. 

'> 3. The number of persons constituting said board of 
trus'ees shall nev( r exceed thirty-one, twelve of whom 
s'sall constitute a quorum for th.e transaction of business, 
at any reo-ular or special me ting, dul}? notified and as- 
sembled. 

§ 4. Said corporation may establish separate depart- 
ments of the learned iprofesssons, the sciences and arts, 
including, besides the usual departments of theology, 
medicine and law, r. department of meehaiiical philosophy, 
and also of agriculture, and shall assign to each depart- . 
ment a competejit faculty of instruction : Pr. viclecl, that 
the instructor or instructors, professor or professors, con- 
stituting the faculty of theology, shall always be appointed 
by the" Lutheran Synods of Illinois, or so many of them 
now existing, or hereafter organized, as shall render pecu- 
niary aid in support of said university. 

5. Said corporation may issue certiiicates of scholar- 
shi*:, limited or perpetual, upon such terms as the coipora- 
tion and the party contracting for the scholarship shall 
aoree, and the bf-nefitof such scholarship shall inure to the 
holder thereof, his or her heiis or assigns, so long as the 
covenants therein agreed to by the })erson or persons con- 
traciiiKJ" for or lawfully owning such scholarship, shall 
continue to be faitlifuHy performed, and no longer, except 
at the option of the corjjoration. 

^ 6. The professors, or a majority of them, duly ap- 
pomted in said university, as provided for in section four 
(4) of this act, shall constitute a faculty, with power to 
enforce the laws, rules and regnlatio-'S enacted by the 
board of trustees for the government and discipline of the 
students ; to suspend or expel such of them as may, in 
their judgment, deserve it, and to grant and confirm by 
the consent of the board of trustees, such degrees in the 
liberal arts and sciences, or such branches tliereof, to stu- 
dents or others, whom, by their proficiency in learning, and 
other meritorious distinctions, they shall regard as entitled 
to them, as it has been usual to grant in oilier universities 



61 1852. 



and colleges, and to grant to such graduates diplomas or 
cei tilicates under tlieir common seal, to authenticate and 
perpetuate such graduation. 

§ 7. No misnomer of said corporation shall defeat or Misnomer?. 
annul any gift, grant, bequest or devise, to or for said cor- 
poration, for the use and benefit of [the] Illinois State Uni- 
versity, or any department thereof: Provided, the intent P^viso. 
of the party or parties makidg such grant, gift, devise or 
bequest be .sufficiently manifest. 

§ 8. So much of tt.e act to which this is an amend- Part, of formm^ 
ment as is inconsistetit herewith, is hereby rt pealed, but ^"^ ^^i"'''''^^' 
all riglits acquired and responsibilities incurred under said 
original act are hereby preserved. 

Tuis act to be in force from and after it passatre. 

Approved June :21, 1852. 



AN ACT to amend an act entitled "an act to incorporate the Mississippi and In forcp June 21, 
llock Il.ver Junction Kailioad company." 1S52. 

Sectiox.1. Be it enacted h>/ the people of the State of 
Il/injis, represeiited in the Genera/, ^^isemh!;;. That the 
third section of an act to incorporate tiie Mississippi and ^""-''^''"f ^*>* 

oclc Kiver Junction Kadroad company, approved on the 
15th day of February, A. D. 1851, be and the same is 
hereby so amended that the capital stock of said corpora- 
tion may, at any time hereafter, be increased to a sum not 
exceeding eight hundred thousand dollars, if the same shall 
be jndged necessary, and to be subscribed for and taken in 
such manner as is in and by said act of incorporation pro- 
vided. 

§ 2. It shall be lawful for said company to unite with mion with 
any other railroad company, which may have been or 
which may hereafter be incorporated by this state, and 
to grant to any such company the right to construct and to 
use any portion of the road (by the' act to which this is an 
amendment,) authorized to be constructed upon such 
terms as may be mutually agreed upon betvveen the said 
companies. 

Approved June 21, 1852. 



roads. 



Corporators. 



Style. 

Cenera! powgrs 



1852. 52 

In force Juna 21, AN ACT to incorporate the Winnebago County Agricultural Society. 
lSo2. 

SECTION 1. Be it enacted l)ij the people of the Ftate of 
Ilttnuh^ re])reseiite(J in the Geveraf ^sstmhti/^ Tliat Wil- 
liam Be;tb, Willidin kerliii, George Haskell, Wait Talcott, 
Jai.nes S. Norton, Horace Miller, Selden M. Cliurch, Lu- 
maii Pettibone, Ezra S. Cable, Robert J. Cross, Newton 
Ciawford, Hampton P. Sloan, Sylvester Talcott, Shepherd 
Leach, and all such other jiersons as shall from time to time 
become members of said society, are hereby incorporated, 
and shall be a body corporate and politic, by the name and 
style of the '^ Winnebago County Agricultural Society," 
and under tiiat name shall be capable of suing and being 
sued, (.'leading and being imj)ieaded in all courts, both of 
law and equity, in this state, and may ha\ e and use a com- 
mon seal, and the same to alter and amend at pleasure, and 
by their corporate name and styl*- shall be capable in law 
of contracting and being contracted with, and of acquiring, 
by purchase or otherwise, and of holding and conveying real 
and personal estate, either in fee or ^br a term of years, 
provided the clear annual value of sue real and personal 
estate shall at no time exceed two thouiand dollars per an- 
num; and they and their successors sliaii at all times have 
full power and authority to ordain, make and establish such 
By-iawg. bvlii^'s, rules and regulations as they shall judge proper 

for the better government and regulation of the officers and 
members of said society, and for ascertaining an equal an- 
nual rate of contribution to b • paid by the members thereof, 
in aid of the funds of said society, and for prescribing the 
time, place and manner of holding the annual fair of said 
society, and the rules regulating the same. Such b}-laws 
not to be inconsistent with the laws of this state. 
^p § 2. That for the better carrying on the busiress and 

affairs of said corporation, there shall be annually elected, on 
the first Monday of October of each year, a president, two 
vice presidents, treasurer, secretary, and an executive com- 
mittee of five persons, vviio shall hold their office for one 
year and until their successors are elected and qualified. 
That William Bebbsh .11 be the first president, George Has- 
kell and Robert J. Cross the first vice presidents, Selden 
M. Church the first treasurer, Newton Crawford the first 
secretary, and Horace Miller, Sylvester Talcott, James S. 
Norton, Hampton P. Sloan and Shepherd Leach the first 
executive committee, and s'lall severally hold their offices 
until their successors are elected and qualified. 

§ 3. This act sliall be in force from and after its passage. 

Approved June 21, 1852, 



53 1852. 

AN ACT fixing the time o£ hoMinfi: the courts in the thirteenth judicial m f^rc ■ June 21, 

circuit. ^^^'•^• 

Section 1. Be it enacted by the people <>f the ^tate of 
Illimm^ repreneuted in the General Ji-i^em'dij^ That tlie 
circuit courts in the thirteenth judicial circuit shall be lit.ld''^''''''®"'^^"^'"-''- 
in the respective counties composing said circuit at tiie 
following times, viz : 

In the county of Kaup, on the second Mondays of Feb- Kane. 
ruary, May, August and November. 

In tite county of Mcrleiiry, on the third Mondays of Jan- Mciienry. 
uary, Marcli aiid second Monday in S'.'ptember. 

In the county of Boone, 0!i the third Monday in April i^oone. 
and lirst Monday in October 

In tlie county of De Kalb, on the first Monday in ApriP"^'""- 
and third Monday in October. • 

§ 2. All writs, subpoenas, recognizances, and all other f^cess, &c. 
process which may have been or may be issued and made 
returnable to the terms of court in said counties, as hereto- 
fore required to be holden, shall be deemed and taken to be 
returnable to said terms of court as in this act is required to 
be holden ; and all notices which may have been given, 
either by publication or otherwise, with reference to the 
terms or" cour'. as heretofore required to be liolden, shall, by 
force of tiii>i act, refer to the terms of the court required to 
be holden under t!iis act in said counties ; and all proceed- 
ings pending in said courts shall be taken up and disposed 
of as if ui) alterations had been made in the times of holding 
couvt-^ in said counties. 

§ 3. Tills act to take effect and be in force from and 
after its pas-^age. 

Approved June 21, 1852. 



AN ACT to incorporate the Mercv Hospiial ani Mercy Orp'^an Asyl ira of Inforw June 21, 

Chicago. ^^"* 

Spxtion 1. Be it enacted hy the people of the State of 
Illtujis^ lu'presented in tlie General ./i^seinbl'/^ That Mar- 
garet O'Brien, Mary Ann McGirr, Ellen Reilly, Mary ^"wators. 
Monholhind, Mary Kilday and Catiiarine Grogan, and their 
successors, be and they are hereby created a body politic 
and corporate, under the name and style of the " Alercy 
Hospital and Mercy Orphan Asylum of Chicago;" and' 
henceforth shall be styled and known by that name; and by General powtrs, 
that name, and style to remain and have perpetual succes- 
sion, with power to sue and be sued, plead and be implead- 
ed, to acquire, hold and convey property, real, personal 



1852. 



54 



Bse of propertj-. 



Acquirement of 
property. 



Bisposal of prop 
erty. 



and mixed, in all lawful wavs ; to have and use a common 
seal, and to alter tlie same at pleasure; to make and alter, 
from time to time, such by-laws as they may deem necessa- 
ry for the govei'nment of said institution, their officers and 
servants : Provided^ such by- laws are not inconsistent with 
the constitution and laws of this slate and of the United 
States. 

§ 2. Said corporation shall have power to fill such va- 
cancies in their own body as may happen by death, resig- 
nation, or otherwise, and shall hold llie pro])erty of said in- 
stitution solely for the })urposes of supporting and maintain- 
incf them, and not as a stock for the individual benefit of 
themselves, or of any contributor to the endowments of the 
same ; and no particular religious faith [shall] be required 
of those who are admitted to have the charitable relief of 
said institutions. 

§ 3. Said institutions sliall remain located in or near 
tlie city of Chicago, Cook county, and the corporators and 
their successors sliall be comj)efent in law and equity to 
take to themselves, in either of their said corpoiate names, 
real, personal or mixed estate, by gift, grant, bargain and 
sale, conveyance, will, devise or bequest, of any j)erson or 
persons whomsoever, and the same estate, whether real or 
personal, to grant, bargain, sell, convey, demise, let, place 
out at interest, or otherwise dispose of the same, for the use 
of the said institutions, in such mannei as to them shall seem 
most beneficial to said institutions. Said corporation shall 
faithfully apply all the funds collected or the proceeds of 
the property belonging to either of said institutions, accord- 
ing to their best judgment, in erecting suitable buildings, 
supporting necessary officers and servants, and ])rocuring 
furniture, medicines, instruments, and other ajiparatus ne- 
cessary for the success of said institutions : Pruiided, nev- 
proviso. ertheless, that in case any donation, devise or bequest shall 

be made for j)articular purposes, accordant with the design 
of said institutions, and the corporation shall acce])t the 
same, every such donation, devise or bequest shall be ap- 
plied in conformity with the express conditions of the do- 
Further proviso, nor or devisor: Provided^ fuithtr, that faid corporation 
shall not be allowed to hold more than one thousand acres 
of land at any one time, unless the said corjjoration 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 ten years from the time they shall acquire such title, 
and on failure to do so, said land, over and above the before 
named one thousand acres, shall revert to the original donor, 
grantor, devisor or their heirs. 

§ 4. The treasurer of the institutions, and all other 
agents, when required, before entering upon the duties of 
their appointment, shall give bonds for the security of the 



Buildings. 



Treasurer to give 
bond. 



55 1852. 

corporation, in such penal sums and with such s?cririties 

a«! the corporators shall appi'ovo, and a!! pi'ocess aGjainst 

t'le corpoi-ation shall bf by summons, and the service of g.,....i.,. 㣥 p).^,. 

the same shall be by leavinjjj an attested copy thereof with *^'^^'- 

the treasurer, at least sixty days bt-lore the return day 

thereof. 

8 5. The corporation shall have power to employ and officers, 
appoint a j)resident or directress, for either of said institu- 
tions, and all such officers and servants as may be neces- 
sary, and siiall have power to displace any or each of 
them, as the interests of the institutions require, to fill va- 
cancies which may happen by death, resignation or otljer- 
wise, among said officers and servants, and to ])resrribe 
and direct the mode of froverninc: and conductin<_r said in- 
stitutions. 

6 6. Siiould the corporation at any time act contrary I'locpciin^s t» 
to the provisions ot this charer, or tail to comply with tlie ureoi charter. 
same, upon com])laint being mad.e to the circuit court of 
Cook county, a scire facias I'^hali issue, and the circuit at- 
torney shall prosecute in beiialf of the people of this state 
for a forfeiture of said charter. 

This act shall be a public act, and shall be construed 
liberally in all courts, for the purposes hereinbefore ex- 
pressed. 

Approved June 21, 1852. 



AN ACT to incorporate the Saint Georire's Society of Illlno's. In force .Time 21. 

Section 1. Be it finacted hy Ike people of the > tafe of 
I/Ziiiois, represented in the General ^^sscmh/ij, That the 
present members of the Saint George's Society of Illinois, lucorporation. 
now held at Chicago, Cook county, and such other persons 
as may hereafter be duly admitted members of said society, 
according to the rules and regulations thereof, be and they 
are hereby declared and constituted a body politic and cor- 
porate, under the name and style of" Saint George's Soci- style. 
ety of Illinois;" and henceforth shall be styled and known 
by that name, and by that style and nam(^ shall remain and 
have perpetual succession, with power to sue and b<- sued, 
plead and be im})leaded, prosecute and defend in all man-^''^™*'™^^"''''™- 
ner of actions, at law or in equity, in all places wheresoever 
where legal or equitable proceedings are had; to acquire, 
purchase, hold, sell, alien and convey any pioperty, wheth- 
er real, personal or mixed ; to loan the money and funds of 
said society, and take promissory notes or other e\ idences 
of indebtedness for the money or funds so loaned ; to iiave 



1852. 



Liir.itiitlon 0' 
pioptrty. 



56 

and use a common seal, and to alter the f^ame at pleasure ; 
to make and from time to time alter such cuiistitulion and 
by-laws as they may deem proper or expedit nt for declaring 
the purposes, defining and limiting the powei s, or ])rcmoting 
the objects of the said society, or cnating, electing or ap- 
pointing its officeis : Pruvided, that such constitution and 
by-laws shall not conflict with the constitution and laws of 
this state and of tlie United States. 

§ 2. The said corporation shall not, at any one time, 
hold personal property to an amount exceeding fifty thou- 
sand dollars, nor real estate to an extent exceeding five 
hundred acres. The personal pioj)trty belonging to said 
societ}' shall not be apjirojiriated otherwise than lor the 
benefit of said society, the improvement of its ny\\ :T!;a'.e, 
and to such benevolent and other purpoiCjand iii S'lcii 
manner as shall be declared provided for and directed in 
and by the constitution and by-laws hereinbefore author- 
ized to be made. 

§ 3. The offices and meetings of said institution shall 
be and remain in the city of Chicago, Cook county; and 
i;. case any donation, demise or bequest s all be made to 
said society for particular purposes, in accordance with 
the de-igns of said society, and said corporation shall ac- 
cept the same, every sucli donation, de\ise or bequest 
shv'll be applied in conformity with the express conditions 
of the donor or testator. 

Approved June 21, 1852. 



la force Aug. 22, AN ACT to incorporate the Ottawa, Oswego and Fox Kiver Valley Railroad 
1852. company. 

Section 1. Be it enacted hy the people of the Ftotc of 
Illinois^ represented in the General */issfmhtif^ That M. 

conxwators. C. To<'n, George Harvey, William C. Kimball, Orsemas 
Wilson, Daniel S. Gray, of the county of Kane ; Lewis B. 
Judson, Nathaniel Rising, William Noble Davis, Samuel 
Jackson, Sam.uel Roberts, John L. Clark and Johnson 
Mesner, of the county of Kendall: Robert Rowe, William 
L. F. Jones, William Sly, Daniel Blake, Da\id Greene, 
George E. Walker, Theophilus L. Dickey, William H. W, 
Cushman, J. G. Nallinger, John Palmer, George H. Norris, 
of the county of La Salle, and their associates, successors 
and assignf^es, are hereby created a body corporate and 

style. politic, under tlie name and style of the " Ottawa, Of- w ego 

and Fox Riv(-r Valley Railroad company," for tleteim of 
eighty years ; and by that name may be and are heie by 



57 1852. 

made capable, in Ihw and in pqnit}', to sue and be sued, 
plead nl be impleaded, defend and be defended, in any General powers. 
court ('I idw and equity in this state, or in any other place ; 
to mal,.-, have and use a common seal, and the same to 
renew .1 1 alter at pleasure, and shall be and are hereby 
vested ^vth all the powers, privileges and immunities which 
are oi- :;;iy be necessary to carry into effect the purpose 
and olij' 'ts of this act, as hereinafter set fortli ; and the 
said ccur.nany are hereby au'horized and empowered to lo- 
cate, C(!!i>truct and finally complete a railroad from the 
town ci" i)ttawa, in La Salle county, to the town of Kljrin, 
in Kane county, by way of the vil!an;e of Oswesjo, in Ken-i^"ute. 
dall coMufy, runnins^ aloncj the Fox River Valley, by the 
most d:! ; rt and eligible route, liaving due regard to the 
interests n^ the town and ' ill.ige on and near to Fox River. 
And als ) from the said town of Ottawa, running in a south- 
erly di> ration to any point on any railroad running northerly 
from E ,: wnington, in McLean county, or to any point on the 
Alton;;!:! Sangamon railroad, or both: Provided^ in case Proviso, 
the naiiM k.{ the said Alton and Sangamon Railroad com- 
pany Si ill be changed, the new name shall apply to the 
provisiri-i of this bill, and the name of said Alton and San- 
gamon Iviilroad company as changed sliall be considered 
and lit (i to be its name, under the provisions of tl is act, 
and fo! I'lis purpose said company are an horized, upon the 
most eligible and direct route, to layout their said railroad 
wide enough for a single or a double track through the 
whole length, and for the purpose of cutting embankmenls, 
stone, and gravel, may take as much more land as may be 
necessary for the proper construction of and security of 
said railroad. 

§ 2. The capital stock of said company shall consist of Capital stock, 
one million of dollars, and may be increased to two million 
of doHais, to be divider; into sliaies of one hundred dollars 
each- The immediate government and direction of s^^id 
comjrjiiv shall be vested in eleven dire'^fors, who shall be Directors, 
chosen i)y the stockholders of said company, in the manner 
hereiiiaiter provided, who shall hold their offices for one 
year alter their election, and until others shall be duly 
elected and qualified to take their place as directors; and 
the said directors, a majority of whom shall form a quor im 
for tlie transaction of business, shall elect one of their 
number to be the president of the company; that said President, 
board ol' directors shall have power to aj)point all neces- 
sary cleOis, secretary and other officers necessary in the other officers, 
transact iiui of the business of said comjiany. 

§ 3 The said corporation is hereby authorized, by 
their ; .'nts, surveyors and engineers, to cause such exam- Preliminary smr- 
inatioii and surveys to be made of the grouna ;ind country 
between the said several points and places i t.reinbefore 



58 



Annual meetings. 



'Etommissioners. 



inrlicated, as shall be necessary to determine the most ad- 
vaiitaij^eoas route for the proper line or course wheiein to 
construct tlieir said railroad, and it shall be lawful for said 
company to enter upon and take possession of and i.se all 
such lands and real estate as may be necessary for the con- 
struction and maintenance of tlieir said railroad : Provided^ 
tiiat all lands or real estate entered upo:i. or taken posses- 
sion of and used by said corporation, for the purposes and 
accommodations of said railroad, or upon which the site 
for said railroad shall have been located or determined by 
the said corporation, shall be paid for by said com])aiiy, in 
damages, if aiy be sustained by the owner or owners there- 
of, by the use of the same for the pur|)0ses of said railroad; 
and all the lands entered uj)on and taken for the use of said 
corporation which are not donated to said company, shall 
be paid for by said corporation at such price as niay be 
mutually agreed upon by the said corporation and the 
owner or owners of such land ; -nd in case of disagreement 
the price sliall be estimated, fixed and recovered, in the 
manner provided for taking lands for the construction of 
public roads, canals < r other public works, as provided by 
the act concerning right of way, a])proved Marrh 3, 1845. 

§ 4. If any person shall wilfully, maliciously oi' wan- 
tonly, and contrary to law, obstruct tlu' passage of any car 
en said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any j)art 
of said railroad, or implements or buildings, he, slie or 
they, or any person assisting, shall forfeit and })ay to said 
company, for every such offence, treble tlje amount of 
damages that shall be proved, before any competent court, 
shall have been sustained and been sued for in the name 
and in behalf of said company ; and such offender or offen- 
ders shall be deemed guilty of a misdemeanor, and shall be 
liable to an indictmejit, in the same manner as other indict- 
ments are found, in any county or counties where such 
oiTence shall have been committed, and upon conviction, 
every such offender shall be liable to a fine not exci-eding 
five thousand dollars, ior the use of the county where such 
indictments may be lornd. 

§ 5. Tlie time of holdins: tlie annual meetincrs of said 
company, for the election of diiectors, shall be fixed ana 
determined by the by-laws of said company, and at all 
meetings each stockholder shall be entitled to a vote, in 
person or by lawful proxy, one vote for each share of stock 
he, she or they may hold, buna fide^ in said company. 

§ 6. The ])ersons named in the first section of this act 
are hereby ap])ointed commissioners, who, or a majoiity of 
whom, are hereby autliorized to 0])en subscription books 
for said sto' k, at such places as they may deem proper, 
and shall k( jp said books opened until at least the sum of 



59 1852. 

fifty (liousanci dollars of said cajiital stock shall be taken. 
Slid commissioners sliill require each subscriber to pay- 
two dollars on eacli share subscribed, at the time of sub- 
scribing. Wlien such amount shall have been subscribed 
the said commissioners shall call a meeting of the stock- 
holders, by giving thirty days' notice, in some newspaper 
in the said town of Ottawa, in La Salle county, and at such orsanization. 
meeting it shall be lawful to elect the directors of sau! com- 
pany, and when the directors of said C(>m])any are chosen 
the said commissioners s!iall deliver said subscription book, 
with all sums of money received by them as commissioners, 
to said directoi'S. No person shall be a director in said 
company except he be a stockholder. 

§ 7. Tliat the right of way and the real estate pur- ^'""p^''*''- 
chased for the right of way by said company, whether by 
mutual atrreemeiit or otherwise, or which shall become the 
property of the company by operation of law, as in this act 
provided, sha'l, upon the payment ol the amount of money 
belonging to the owner or owners of said lands as a com- 
pensation for the same, beco.Tie the property of said com- 
pany, in fee simple. 

§ 8. The said corporation may take and transport upon Transportation, 
said railroad, any person or persons, merchandise or other 
proj)erty, by the force and power of steam or animals, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon tlie same, as the said directors shall from 
time to time establish; and the directors are hereby em- 
powered and authorized to make all necessary rules, by- 
laws, regulations and ordinances that they may deem neces- 
sary and expedient to acci mplish the designs and purposes, 
and to carry into efFi-ct the provisions of this act, and tor the 
tiansfer and assignment of its stock, which is hereby de- 
clared personal ])roperty, and transferable in such manner 
as shall be provided by the by-Jaws and ordinances of said 
c. mpany. 

§ 9. The directors of said company, after the same is 
organized, shall have power to oj)en books in the manner Po^^r of diree- 
prescribed in the sixth section of this act, to fill up the 
balance of the capital stock, or any part thereof; and the 
amount the aforesaid com])any is authorized to increase the 
capitil stock to, by the second section of th s act at such increase of stock, 
time as they may deem it for the interest of said company, 
and all the instalments required to be ))aid in the stock 
oi-iginally to be taken, and what may be taken, to increase 
said ca[)ital, shall be paid at such times and in such sums as 
said directors may prescribe. 

§ 10. In case of the death, resignation or removal ofvacancies. 
the president, vice president or ; ny director, at any time 
between the annual elections, suc^i vacancy may be filled 



1852. 



60 



©ommlssiouers. 



for the remainder of the 5'ear, wlienever they may liappen, 
by the board oi directors; and in case of the a! seiioe of 
the president and vice jiresident, the board of directors 
sliall have power to appoint a president fnu ternpare, who 
shall have and exercise such powers and functions as the 
by-laws of said corporation may provide. In case it should 
at any time hapjien tjiat an election shall not be made on 
any day on which, in pursuance of this act, it ought to have 
been made, tlie said c.u'poration shall not, for that cause, 
be deemed dissolved, but such electiiui shall be held at any 
other time directed by the by-ljws of said corporaticn. 
§ 11. That when the lands of any J'emme.s covert, yer- 
Laudsof persons gons Under ao^e, ?wn coynvos nurilifi. or out of the state, shall 

non compos, 9s'c ■, -, . '? ' . ,- • \ -i • • i J 

be taken in t'le C(Mstruction or saul laiiroa'J, as is ])rovided 
by tliis act, the said corporation sliall ])ay the amounl that 
shall be awarded as due to the said last mentioned owners, 
respectively, whenever the same sliall be lawfully de- 
manded, together with six per cent, per annum. That to 
ascertain the amount to be paid to the persons in this sec-, 
tion, for lands taken for the use of said corporation, it shall 
be the duty of the circuit judge of the court of the coun- 
ties througb which said railroad passes, u})on notice given 
to him by the said corporation, to appoint three commis- 
sioners, to be persons not interested in the matters to be 
determined by them, to determine the damages which 
the owner or owners of the land or real estate so entered 
upon by the said corporation, has or have sustained by the 
occupation of the same ; and it shall be the duty of said 
commissioners, or a majority of them, to deliver to said 
corporation a written statement of the award or awards 
they sliall make, with a description of the lands or real 
estate appraised, to be recorded by the said corporation in 
tlie clerk's office of the county in which the land or real 
estate so appraised shall be, and then the said cor})oratiou 
shall be deemed to be seized and possessed of the fee sim- 
ple of all such lands or real estate as shall have been 
approved by the said commissioners. 

§ 12. Whenever it shall be necessary, for the construc- 
tion of said railroad, to intersect or cross a track of any 
other railroad, or any stream of water or water couise, or 
road 01 highway, lying in the route of said road, it shall 
be lawful for th.e C()mj)ary to construct their railroad 
across or upon the same : Provided, that the said company 
shall restore the railroad, stream of water, water course, 
road or highway thus interested or crossed, to its former 
state, or in a sufficient manner not materially to impair its 
uset^iliiess. 

§ 13. Said company shall have the power to unite its 
railroad with any other railroad now constructed, or which 
may hereafter be constructed in this stale, upon such 



Intersections. 



Union with other 
roaUs, 



61 1852. 

terms as mny be mutually agreed between tlie companies 
so connect iiitr, and for that pmpose t'ull power is hereby 
given to said company to make and execute such contracts 
with any other company, as will secure the objects of such 
connection, and the said corporation shall have power to 
consolidate its stock with any other railroad comjjan}-. 

§ 14. Said company is hereby authorized, from time to 
time, to borrow such sum or sums of money as may be Power to borrow 
necessary for completing an<l finishing or operating their "^'^"*'^" 
said railroad, and to issue and dispose of their bonds in 
denominations of not less than live hundred dollars, for any 
amount so borrowed, and to mortgage their corporate pro- 
perty or franciiises, or convey the same by deed of tiust to 
secure the payment of any debt contracted by the said 
company, for the purposes aforesaid. And the said diiec- 
tors of said company may confer on any bondholder of any 
bond issued for money borrowed, the right to convert the 
principal due or owing thereon into stock of said company, 
at any time not exceeding ten years from the date of the 
bond, under sucli regulations as the directors of said com- 
pany may see fit to adopt. 

§ 13. The width of said railroad to be determined by width of road. 
the said corporation within the limits prescribed by the first 
section of tliis act, and they are hereby authorized to com- 
mence work on any p^int of said railroad that may be con- 
sidered most expedient. 

§ 16. This act shall be in force the period of eighty Period of exia- 
years, and said company shall commence said work within 
four years, and complete the same within twelve years from 
the passage of this act. 

§ 17. This act shall be deemed and taken as a public Public act. 
act, and shall be construed beneficially for all purposes 
herein set forth. 

Approved June 21, 1852. 



AN ACT to authorize Henry Marfield to keep a ferry across the Misslssip- in force June si- 
pi river, in Jo Daviess county. 1852. 

Section 1. Be it enacted by the people of the Ftnte of 
llllnoi , represented in the General t/lssernh/ij, That Henry Ferry authorized. 
Marfield, of the county of Jo Daviess, his heirs and assi<T]is, 
shall have the right, and he is hereby authoriz* d, to establish, 
keep and maintain a terry across the ]Missi,'5sip])i river, 
from any point between the jurisdiction of the states of 
Illinois and Wisconsin, in Jo Da\ iess county, state of Illi- 
nois, on the Missiisippi river, to the ferry known as Jordan 



1852. 



62 



ferry, to any point witliin t'he same, distance on tlie op- 
posi'te side of said Mississippi river in the state oi Iowa. 
And said Marfield, his heirs and assigns, shall lave the ex- 

BKciusiveright. clusive li^ht of iiaving, maintaining and using a ferry across 
the river'within tlie aistance aioresaid, ai.d to have and 
receive all advantages and emoluments arising from the 
use of said ferry, for and during the period of twenty 

Proviso. years: Pruvidtd, howeier, that the Jo Daviess county 

court shall have the right to assess an annual tax on said 
ferry not exceeding tei. dollars. And this act shall be 

oontract. deemed a contract between the state of Illinois and said 

Marfield, his heirs or assigns agreeii'g, on his or their part, 
in consideration of the privileges granted, to keep the said 
ft-rry when necessary for the traveling public, and use the 
same according to the laws of this state regulating ferries. 
§ 2. This act shall take effect and be in force irom 
and after its passage. 

Approved June 21, 1852. 



In force June 21} 

18C2. 



Corporators. 



Style. 



fteaeral powers. 



Proviso. 



AN ACT to incorporate Uie Jerceyville Building Association. 

Section 1. Be i^ enacted hy the people (f fhe Hate of 
Illinois, represented in the General Asstmhly, That Ander- 
son M Blackburn, Charles H. Roberts, Charles Jackson, 
Wright Casey, Samuel McGill, C. H. Knapp, Robert L. 
Hill, Alexander B. Morean, and all such other persons as 
are 'or shall become sub>cribers of the stock hereinafter 
named and mentioned, shall be and they are hereby con- 
stituted a body politic and corporate, by the name and 
style of "The 'jerseyville Building Association," and by 
that name and style they and their associates and succes- 
sors are hereby made as capable as natural persons to 
contract and be contracted with, to sue and be sued, to 
plead and be impleaded in all courts of law and equity, and 
make and use a common seal and to alter the same at 
pleasure ; to acquire by purchase or other ways, and hold 
all kinds of estate and property that may be necessary to 
accomplish the objects of said association, and to convey 
the same and such property as may now be held in trust 
for the members thereof; to form a constitution and by- 
laws for their government, the appointment, number and 
duties of the officers, the transfer of stock, the manner of 
makino- loans and taking security therefor, and the manner 
of coiwejing and holding property: Provided, the same 
shall not be inconsistent with the constitution and laws of 
this state and of the United states. The ob>cts of tjiis 



63 



1852. 



association sW] be to accumulate a fund, by tl.e savincrg ofobjects. 
the members, and tlie loan the same to the "stockholders of 
the association, so as to ena!)le each stoekiiolder to pur- 
chase a lot and build or j)urchase a house, and thus provide 
himself witii a home. The capital stock of the associa- capuai stock. 
tion shall consist of .lot exceedinir five hundred s.hares, of 
two huiidred dollars each, of wliich no one stockholder 
shall own more than ten shares. Tlie board of cirectors 
snail have power to award loans to stockholders only, at Loan. 
the highest premium that may be bid therefor, at public 
auction, with interest at the rate of nine per centum per 
annum, and to take security therefor. 

§ ± Upon the adop ion of the constitution and by-laws. Former act* 
and hlrng the same with the clerk of the circuit court of ^""'''• 
Jersey county, whose duty it shall be to record the same, 
the eieclion of officers, the awarding of loans, and all 
other acts done in furth. -ranee of the objects of said asso- 
ciation, not inconsistent with the constitution and laws of 
this state, are hereby declared legal and valid, and all pro- 
perty now held in tn:st for tlie member3 of said association 
IS nereby declared to be v.-sted in said corporation. 

Approvkd June 21, 1852. 



AN ACT for the relief of Tutlii!! Kin-. , , , „ 

"o* In force June SI, 

1852, 

Whereas Tuthiil King, of th.e city of Chicago, was, on or Preamble, 
about the twelfch day of November, in the year of our 
Lord one thousand eight hundred and fifty, the owner of 
two sterling canal bonds, since registered under the canal 
loan for the completion of that work; that one corner 
oiuy has been cui from each of said bonds, and that there 
has been paid byway of interest, upon said bonds, in 
addition to the said coupons, the sum of thirty-five 
dollars and eighty-seven cents, at diiferent times ; that 
said bonds were Illinois Michigan canal lands, numbered 
1002 and 1003, for two hundred and twenty- five pounr's 
sterling, each, with yearly coupons of and from July, 
A. D. 1848, which were stolen from said Tuthill Kino- 
and destroyed by the person who had stolen the same ' 
therefore, ' 

Section 1. Be it enacted hy the people of the State nf 
Illtnois.representedmthe General Anscmhly, That when- 
ever tlie said Tuthill King, his heirs or assigns, shall exe-^°°'^'"''^'''<^* 
cute a good and sufficient bond, in the sum of four thou- 
sand dollars, payable to the state of Illinois, with such 
secunlies as sliail be approved by the governor and secre- 



1852. 



64 



tary ot state, and conditioned for tlie full indemtiiiy of the 
state against the production, payment or liabiliiy in any 
manner whatever, by reason of the above described bonds, 
and file the said bond in the office of the secretaiy of state, 
tlie governor be and lie is hereby aiitliorized ancJ required 
to issue a certificaie or certificates of state indebtedness 
Mew evkience 01 fjr the amount of the said above described bonds, and of 

indebtedness ti).i ij. i j l c j l • l ^ \\ J 

beissuedbygov- tlie coupons attached, less one coupon ot thirty dollars, and 

ernor. ^.j^g interest of thirty- five dollars and eighty seven cents, 

as above described; which certificates shall expiess upon 

their face, — " Certificate No. , for Illinois iUichigan 

canal bond. No. , stolen from Tuthill Kms.,^ and de- 
stroyed;" which said certificate or certificates sliall be of 
the same force and effect of the said bonds, and entitle 
the holders thereof to the «ame rights, privileges ;uid pay- 
ments, in all res[)ects whatsoever, as though the} were the 
lioldei'S of oiiginal bonds. 

This act to be in force from and after its passage. 
Approved June 21, 1852. 



In force June 21, AN ACT to authorize the county of Kendall to borrow money, for the pur- 
1S62. poses therein specified. 

Section 1. Be it enacted hy the people of the State of 
Bcmdfl. Illinois, represented in the General Jissemhly^ Th.at for 

the pu'pose of snbscrib ng stock to the Ottawa. Oswego 
and Fox River Valley lailroad, the county court of Ken- 
dall county shall execute and deliver to the said company, 
or shall sell in the market at par, the bonds of the said 
county, for an amount not exceeding the sum of twenty- 
five thousand dollars, and payable at any time not less than 
ten nor more than fifteen years from the date theieof, at a 
rate of interest not exceeding ten per cent. ; and the su- 
pervisors of said county shall make provision for the pay- 
ment, annually, of such interest as shall fall due on the 
same, by adding to the annual assessment an amount suf- 
ficient to cover such interest, which shall be specially set 
apart for that purpose, and collected in such funds as will 
be received on the same at par. 

^ 2. Such bonds shall not be issued until such loan 
p!e to be taken. ^^^\\ j^g authorized by a vote of the people of Kendall 
county, in the following manner : Whenever an applicatior 
for an election shall be filed with the clerk of tiie county 
court, signed by at least one hundred of the inhabitants, 
voters of the said county, the said clerk shall issue notices, 
Manner of vo- as in otlicr cascs of special elections, for an election, fix- 

tSng. *■ ' 



■Jnoreoseof tax. 



Tote of the pen- 



65 1852. 

ing tho time and place of hoLling t!ie same, not le^s than 
tweni, • nor 111 )i'e t.ian than tiiirty da} s' lV.);u tie ti'in'4 of 
suca 1 r)!icatioii ; vviiicii said lutices shall s,)ecify- the 
amou'ii of t!ie snbsci'iption proposed to be made, and the 
vote s laii be, — "' For tiie loan," or, " Aganist the loan;" 
and t K' eleetion saall be cjnlncted and returns m ide in 
all respects as is provided for special elections of county 
officers ; and if it shall appear that a majority of all the 
voters voting at such election, siiall have voted "For the 
loan," t.ien tae said bonds s.iall be issued, as herein above 
provided, which shall be applied in subscripiions for stock 
in the s u 1 company by the county court of Itie said county, 
and the said county court sliall cast the votes to wiiich tiie 
said o rinty is thereby entitled by its stock, or suall ap-: 
point ^).ni person to cast sic.i votes by pro^y: /^''o^'^V/d?/, provisj. 
that t!iL^ auneys li^^reby autaorized to be raised, shall all be 
expea 1 _• 1 in tae constr lotion of works on said road witiiin 
the said county of Kendall. 

§ 8. Tais act saall take effect from and after its pas- 
sage. 

Appro vi:D June 21, 1852. 



AN ACT to incorporate the Firemen's Benevolent Association, and for other in force Aug.s 

purposes. 1852. 

Section 1. Be it enacted hy the people of the State of 
Illinjis, represented in the General Jissemhl;j, That all 
such persons as now are or hereafter may become members inovporatiou. 
of the Firemen's Benevolent Association of the cit}' of C!ii- 
cago, in accordance with the provisions of the constitution 
of said association and the by-laws of the board of directors 
of said association, shall he and they are hereby ordained, 
constituted and declared to be a body corporate and politic, 
in fact and in name, by the name and style of the " Fire- style, 
men's Benevolent Association of the city of Chicago," and 
by tiiHi name they and their successors shall and may have General powew, 
perpetual succession ; and by their corporate name shall be 
persons in law capatjle of suing and being sued, pleading 
and beiag impleaded, answering and being answered unto, 
defending and being defended, in all courts and places what- 
soever, ill all manner of actions, suits, complaints, matters 
and causes w^liatsoever ; of having and using a common seal, 
and changing and altering the same at their pleasure, and of 
contracting and being contracted with, and of purchasing, 
hol'ding and conveying any estate or property, real, personal 
or mixed, for the use and benefit of said corporation, and 

5 



185' 



66 



Bj--laws, &c. 



Olijects. 



Management. 



Interest on loan: 



for no otlier use and benefit whatever : Provided^ said cor- 
poration shall at no one time hold property to an auiount ex- 
ceeding the sum of one hundred thousand dollars. 

§ 2. Tiie said corporation shall ha\e full power to make, 
establish and prescribe, for its own government and the leg- 
ulatioii of its own business and affairs, and conc€rni)ig the 
managemenl and dis])osition of its own funds, such constitu- 
tion and by-laws, rules and regulations, as shall from time 
to time a])pear proper and needful for the proper carrying 
out and conducting of the business and purj)ose for which 
the said cor[)oration is by this act instituted, and foi- no other 
purj)0se whatsoever, which it may alter and amend at pleas- 
ure : Provided^ the same be not repugnant to the constitu- 
tion and laws of this state and of the United States. 

§ 3. Tlie object of the association snail be to create a 
fund and provide means for the relief of the distressed, sick, 
injured or disabled members thereof, and their immediate 
families ; and all the property and money acquired by said 
association shall be held and used solely for that ])urpose ; 
and the business, property, funds and estate of (aid associ- 
ation shall be managed, conducted and controlled according 
to the constitution, by-laws, rules and regulations above 
authorized. 

§ 4. For the purpose of enabling tlie said association 
more speedily to raise a fund sufficiently large for its jiurpo- 
ses, it shall be lawful for said association to conract for, 
take, receive and collect interest upon the loan or forbear- 
ance of any money, goods or things in action, at tite rate of 
twelve dollars upon one hundred dollars in advance for one 
year, and after tliat rate for a greater or less sum, or for a 
longer or a shorter time. 

§ 5. In any action, suit or other proceeding wuich now 
is or hereafter may be instituted, commenced or j)rosecuted 
for the recovery or collection of any fine, penalty or forfeit- 
ure, imposed by ^.n} existing or future laws of this state, or 
by any existing or future law or ordinance of the common 
council of the city of Chicago, or of any of the fire compa- 
nies in said city, and appro[)riaied to the use of such asso- 
ciation, it shall be no o'>jection to the competency of any 
witness in any such action, suit or other proceeding for the 
recovery or collection of any such fine, })enalry or forfeit- 
ure so imposed, and appropriated to the use of the said asso- 
ciation or of any of the fire com|)anies in said city, that he 
the said witness is or has been a member of said association 
or of said fire company, or is or may become entit't d to the 
benefit of the association fund. 

5 6. There shall be paid to the treasurer of said associ- 

Assessment onS ■, ^ c c i •■• i 

in-uranceagei-ation, for the USB and benefit of sucli association, t,y every 
person who shall act in the city of Chicago a^ aj^ it for or 
on behalf of any individual or association of indiviuuals not 



Application of 
penalties. 



Competency of 
■wilueases. 



67 1852. 

incorporated by the laws of thi? state to effect insurances 
against losses or injury by fire in tiTe city of Cliicao-o, al- 
thouujli sucli individuals or ass^ elation may be incoritorated 
for that purpose by another state or country, the sum of two 
dollars upon the hundred dollars, and at that rat<- upon the 
amount of all premiums which during the year or part of a 
year ending on the next preceding first day of December 
shall have been received by such agent or person, or receiv- 
ed by any other person for him, or sliall liave been agieed 
to be paid for any insurance effected or agreed to be effect- 
ed or promised by him as such agent or otherwise again;?t 
loss or injury by fire in the city of Cincago. 

§ 7. No person sliall, in the city of Chicago, as agent orBon.uo be Kiveu 
otherwise for any individual, individuals or association effect 
or agree to effect any insurance upon wJiich the duty before 
mentioned is required to be })aid, or as agent or otherwise, 
procure sucii insurance to be effected until he shall have 
executed and delivered to the said treasurer a bond to the 
Firemen's Benevolent Association of the city of Chicago, in 
the penal sum of one thousand dollars, with such sureties as 
the said treasurer shall approve, with a condition that he 
will annually render to the said treasurer, on the first day 
of January, in each and every year, a just and true account, 
verified by his oath, that the same is just and true, of all pre- 
miums which, during the year ending on the first day of 
of December preceding such report, shall have been receiv- 
ed by him or by any other person for him or agreed to be 
paid for any insurance against loss or injury by fire in the 
city of Chicago, which shall have been effected or promised 
by him, or agreed to be effected, or promised by him to be 
effected, from an) individual or individuals or association, 
not incorporated by the laws of this state as aforesaid, and 
that he will annually, on the first day of January in each 
year, pay to the said treasurer the sua of two dollars uj)on 
every hundred dollars, and at that rate npon the amount of 
such premiums. 

§ 8. Every person who shall effect, agree to effect, pro- Penalty. 
mise or procure any insurance specified in the preceding 
sections of this act, without having executed and delivered 
the bond required by the preceding section, shall, for each 
offence, forfeit the sum of one thousand dollars, which shall 
be collected in the name and for the use of the Firemen's 
Benevolent Association of the city of Chicao-o. 

§ 9. Every person who at any time hereafter, as agent Reports. 
or otherwise, for any individual or individuals or associa- 
tion, may, in the city of Chicago, effect or agree to effect 
any insurance specified in the preceding sections of this act, 
shall, on the first day of January in each year, or within ten 
days thereafter, and as often in each year as he shall alter 
or change his place of doing business in said city, report in 



1852. 



68 



writing, under his proper signaturo, to tlie treasurer of said 
Firemen's Benevole)it Association of the city of Chicago, 
the street and number thereof, in said city, of his place of 
doincr business as such assent fir otherwise, designating in 
such report the individual or individuals and association 
or associations for whicti he may be such agent or other- 
wise ; and in case of default in any of these {)articulars, 
such person shall forfeit for every such offence the sum of 
live hundred dollars, to be recovei'ed and collected in the 
name and for the use of tiie Firemen's Benevolent Associa- 
tion of the city of Chicago. 

§ 10. All the provisions of sections 22, 23 and 24 of 
Sections repealed g|j apt ei- 64^ entitled " Licenses," of t!ie Revised Statutes, 
so far as they relate to fire insurance or fire insurance 
agents in the city of Chicago, are hereby repealed. 

§ 11. This act shall be a public act, and shall be liber- 
ally construed in all courts of law and equity for all the 
purposes herein intended, and the act heretofore passed on 
the same subject is hereby repealed. 

Approved June 21, 1852. 



la force Sept. 6, if 
approved by the 
votsrs of Mon- 
mouth. 



AN ACT to incorporate the city ol! Monmouth. 



Corporation. 



Stylo. 

Succession 
Seal. 



Section 1. Be it evaded by the people of the State of 
ll.Unoh, represented in the General Assembly^ That the 
inhabitants of the town of xMoninouth, in the county of War- 
ren, and state of Illinois, be and they are hereby constituted 
a body politic and corporate, by the name and style of " The 
city of Monmouth," and by tiiat rame shall have per])etual 
succession, and may have and use a common seal, which 
they may ciiange ami alter at pleasure. 

Extent ol city. § 2. All tluit district of couutry embraced within the 
following limits, to wit, one mile from tlie centre of the pub- 
lic square, in each direction, or two miles square [shall 
constitute the city of Monmouth.] 

^^^^ § 3. The present board of trustees of the town of Mon- 

mouth shall, on the first Monday of October next, divide 
the said city of Monmouth into two wards, as nearly equal 
in population as practicable, particularly describing the 
boundaries of ea3h. 

§ 4. Whenever any tract of land adjoining the city of 
lions. Monmouth shall be laid off into town lots, and duly record- 

ed as required by law, the same shall be annexed to and 
form a part of the city of Monmouth. 

§ 5. The inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to plead 
and be impleaded, to defend and be defenced in all eourta 



S«neral powers. 



69 I8r32. 

of law and equity, in all nctinns w'latsoever ; to purchase, 
receive and lioid property, both real and personal, in said 
city ; to purchase, receive and hold propej'ty, both real 
and {)ersonal, beyond the city, for burial grounds and for 
other public purposes, f« r the use of the inliabitants of said 
city ; to sell, lease and convey or dispose of property, real 
and ])ersonal, for the benefit of the city, and to inijirove 
and protect sue!; property, and to do all things in relation 
thereto as natural [)ersons. 

ART[C:.E II.— Oy CU;j Council. 

§ 1. There sliall be a city council, to consist of a may- council. 
or and boai-d of aldermen. 

5 2. The board of aldermen shall consist of two niem- Aiuormen. 
bers from each ward, to be chosen by the qualified voters 
for the tei'm of one year. 

5 3. No person shall be an alderman unless at the time Qnaiificationg of 
of his election he sliall have resided six months within the 
limits of the city, and shall be, at the time of his election, 
at least twenty-one years of age, a citizen of the United 
States, and also a resident of the waid in which he is 
elected. 

5 4. If any alderman shall, after his election, remove va.^ition or omce 
from the ward m which he is elected, lus ottice shall be 
declared vacated. 

?i 5. The city council shall judge of qualifications, elec- Quaiiiioaiiuns. 
tions and returns of their own members, and shall deter- 
mine all contested elections. 

§ 6. A majority of the city council shall constitute aQ^'^r^n"- 
quorum to do business, but a smaller number may adjourn 
from day to day, and compel tl'.e attendance of absent 
members, under such penalties as may be prescribed by 
the ordinances of said city. 

^ 7. Tiie city council shall have power to determine p.i-ver to adopi 
the rule ol its proceedings, punish its members for disor- ^"'.'^^^."lliuberi 
derly conduct, and, with the Cv>ncurrence of two-thirds of 
the members elected, expel a member. 

§ 8. The city council shall keep a journal of its pro- joumni. 
ceedings, and from time time publish the same ; and the 
yeas and nays, wlien demanded by any member pi'esent, 
shall be entered upon the journal. 

§ 9. No alderman shall be ap|>oi!ited to any office under Restrictions, 
the authority of the citv, whicii shall have been created or 
the emoluments of width shall have been inci-eased during 
the time for which he shall have been elected. 

§ 10. All vacancies that shall occur in the board of vacancies. 
aldermen sh' 11 be filled by election. 

6 11. The mayor and each alderman, before entering oatn of nfRoe, 
upon the duties of their respective offices, shall take and aiuaui. 



f\<'., how ilsciJed. 



Twelve meetin; 



Mayor. 



1852. iO 

subscribe an oatb that they will snppvort the constitution of 
the United States and of this state and that they will well 
and truly perform the duties of tlieir office to the best of 
their skill and ability. 

§ 12. Whenever there sliall be a tie in the election of 
aldermen, the judges of election shall certify the same to 
the mayor, who shall determine the same by lot, in such 
manner as shall be ])rovided by ordinance. 

§ 13. There shall be twelve stated meetings of the city 
council in each year, at such times and places as shall be 
prescribed by ordinance. 

ARTICLE III.— 0/ Me Chief Execufire OJtcers, 8,^c. 

§ 1. The chief executive officer of the city shall be a 
mayor, who shall [be] elected by the qualified voters of 
the city, and shall hold his offi' e for one 3'ear, and until his 
successor shall be elected and qualified. 

§ 2. No person sliall be eligible to the office of mayor 

mayor. who shali have not been a resident oi tiie city lor one year 

next preceding his election, and who shall be under 

twent\-five years of age, or who shall not, at the time of his 

election, hf a citizen of the United States. 

§ 3. If any mayor, during the time for which he may 
have been elected, remove from the city, his office shall be 
considered vacated. 

§ 4. When two or more persons shall have an equal 
number of votes for mayor, the judges of election shall 
certify t!ie same to the city council, who shall proceed to 
determine the same by lot, in such manner as may be pro- 
vided by ordinance. 

§ 5. Wiienever an election of mayor shall be contested, 
^^^^- the city council shall determine the same as may be pre- 

scribed by ordinance. 

5 6. Whenever any vacanc}'' shall happen in the office 

Vacancy, Low Gl- r -i. i li i j^'u i i i j." ii* j. 

lod. 01 mayor, it shan be nlJcd by election, the secretary giv- 

ing at least twenty days' notice of the time and place of 
holding such election. 

ARTICLE l\.— Of Elections. 



Vacancy by re- 
moval. 



Contested elec- 



IJinie of elections. 



§ 1. On the first Monday of April, A. D. 1853, an 
election shall be held in each ward of said city for one 
mayor for the city, and two aldermen for each ward ; and 
forever thereafter, on the first Monday of April of each year, 
there shall be an electioi: held for one mayor of the city ani 
two aldermen for each vizard. The first election for mayor 
and aldermen shall be held, conducted and returns thereof 
made as may be provided by ordinance of the present trus- 
tees of the town of Monmouth. 



71 1852. 

§ 2. All tree white male inhabitant*!, over the ao-e orQ'iaiiflcatiou of 
twcnt} -one years, who are entitled to vote for state officers, 
and w.,,) shall have been actual residents nf said city tor 
thirty days next preceding said election, shall be entitled 
to vote for city officers: Pruiuli-iL that said voters shall „ . 

I . "^ ,, 111 Provifo. 

give tlicir votes tor niayoi- and aldermen m the wards in 
which ihey shall respectively reside, and in no other, and 
that no vote shall be received at any of said elections un- 
less the person offering such vote shall iiave been an actual 
resident of the wai'd where such vote is offered at least ten 
days preceding such election. 

ARTICLE V. — Of the Legislative Powers, S,'c. 

§ 1. The city council sliall have power and authority Taxes. 
to levy and collect taxes upon all property, real and per- 
sonal, Within the liuiits of the city, not exceeding one half 
per cent. {)er annum <»n the assessed value thereof, and 
may enforce the j)a3ment of the same in any manner to be 
prescribed by ordinance, not re})Ugnant to the constitution 
and laws of the United Slates noi- of this state. 

§ 2. Tne city council shall have power to appoint a city officers. 
clerk, treasurer, asse'-sor, marshal, supervisor of streets and 
highways, and all such other otiicers as may be necessary. 

§ 3. The city council shall have power to require of soidandoath. 
all otficers appointed in pursuance of tliis charter, bonds, 
with penalty and security, conditioned for the faithful jier- 
formance of their respective duties, as may be deemed 
expedii nt, and also to require all officers aj)pointed as 
aforesaid to take an oath Hn- the faithful performance of 
the d lilies of their respective offices before entering upon 
the discharge of the same; to establish, regulate and sup- schools. 
port common schools ; to borrow money on the credit of 
the cit} : ProiicLd, that no sum or sums of money shall be P^viso. 
borrowed at a greater rate of interest than seven per cent. 
per annum, nor shall the interest in the aggrcc';^^te, on all 
the sums borrowed and outstanding, ever exceed one half 
the city revenue arising from taxes assessed on real pro- 
perty witUin the limits ot the corporation. 

§ 4. To appropriate money and provide for the pay- -Appropriations. 
ment of the debts ind expenses of the city : 

§ 5. To make regulations to prevent the introduction contagious dis- 
of cont;i(j:ious diseases into the city; to make quarantine ,-;"^''''".„„ 

1, .' ' 1 yuarantinc. 

aws tor that purpose, and enforce the same w.ihin five 
miles of the city : 

§ 6. To establish hospitals, and make regulations for Hospitals. 
the government of the same : 

§ 7. To make regul itions to ensure the general health ncaith, nuisan- 
of the inhabitants, to declare what shall be a nuisance, and ^^"«^'^^' *^'=- 
to pre\ent and remove the same : 



Markets 



l''ublic r'roiinds 



Retail of liquor. 



1852. 72 

Water, hydrrnts ^ 8. To provide the City witli Avater ; to erect li\drants 

:m(l pumps. ", ■ ,, l j. ' r ,\ • r \ \ • 

and p' nips m the streets, lor the convenience ol the in- 
liabitHiits : 

st)oet«j &c. § 9 To open, alter, abolisli, widen, extend, establish, 

icrrade, ])ave or otherwise improve and keep in repair, 
streets, avenues lanes and alle} s : 

Bridges. ^ 10. To establisii, erect and keep in repair, bridges: 

Wards. § ll. To dixide the city into wards, alter the boun- 

daries ther* of, and erect additional wards as occasii.in may 
require : 

ramps and lam;) ^ 12. To providc for ligliting the streets and erecting 

posts* 1 

lamp posts : 

Night TvatL-hes. ^ 13. To establish, regulate and support niglit- watches : 
§ 14. To erect market liouses, to establish markets and 
market places, and provide for the government and regu- 
lation thereof: 

uujidings. § 15- To provide for the (irection of all needlul build- 

ings for tlie city : 

^ 16. To ])rovide for enclosing, improving and regu- 
lating all public grounds belonging to tiie city : 

§ 17. To license, tax and regulate auclionecis, mer- 

&e- ^ chants, retailers, grocers, taverns, ordinaries, hawkers, 

pedlers, broker:?, j)awn-brokers and money changers: 

6 18. To license, tax and reffulate hackney carriac^es, 
wagons, carts and drays, and fix the rates to be chaiged 
for the carriage of jiersons and for the wagonage, cartage 
and drayage of pro])erty : 

showK, &c. § J 9. To license, tax and regulate theatrical and other 

exhibitions, shows and amusements within the city limits: 

ijcpr.se of tip- § 2^- "^^^ license, tax, restrain, prohibit and suppress 

piiag houses, ice tippling house^^ and other disorderly houses : 

j^^^ ;^ 2i. To provide for the prevention and extinguish- 

ment of fires, and to organize and establish fire compa- 
nies : 

o.imneys. § 22. To regulatc the construction of chimneys, and fix 

the places thereof: 

Lumber. § ^'^" -^"^ provide for the inspection and measuring of 

lumber and otlier building materials, and for the measure- 
ment of all kinds of mechanical work : 

Hny, coal, wood, § 24. To providc for the inspection and weighing of 
^'^ hay and stone coal, the measurement of charcoal, fire wood 

and other fuel, to be sold or used within the city : 

Bricks. ^ 25. To regulate the size of bricks to be sold or used 

in the city : 

Census. ^ 26. To prov'de for taking the enumerations of the 

inhabitants of the city : 

Officers. § 27. To regulate the election of city officers, and pro- 

vide for remo\ iiig from office any person holding an office 
created by ordinance : 



73 1852. 

§ 28. To fiK tlie compensation of all city officers, and ^^^^-^'^^^f "" 
regulate the tees of jurors, witnesses and others, i\ r ser- 
vices ren<!ered under tliis act or any ordinance : 

§ 29. To regulate the jiolice of the city; to imyiose Pouce, 
fines and forfeitures and ])enalties foi' the breach of any 
ordinance; and all moneys collected under and by author- Fines, &c. 
ity of any city ordinance shall be deemed and taktn to 
belong to said city and disposed of by tlie city council, 
under the ordinances oJ" said city, for the general use and 
benefit of the iidiabitants tliereof; and to provide for the 
recovery and appropriation of such fines and forfeitures 
and the enforcement of sucn penalties. 

§ 30. The city council shall have power to mnke all «^'*'"=^°'=^^- 
ordinances wl ich shall be necessary and proper for carry- 
ing into execution the powers specified in this act, so that 
such oidinances be not repugnant to nor inconsistent with 
the constitution of the United States, nor of the constitu- 
tion of this state. 

§ 31. The style of the ordinances of tlie city shall be, styieof ordinas- 
" Be it ordained by the city council of the city of Mon- 
mouth." 

§ 32. All ordinances issued by the city council s!iall, ordinances, 
within one month after they shall haxe been passed, be 
published in some newspa|)er published in the city, and 
shall not be in force until they shall have been published 

as aforesaid. O-diiinnces, how 

§ 33. All ordinances may be proven by the sea^ oi' the 
corporation, and when jtrinted or published in book or 
pamphlet I'orm, or purj)orting to be jirinted and published 
by authority of the corporation, the same shall be received 
in e\idence in all courts and places M'ithout further proof. 

ARTICLE \l.— Of the Mayor. 

§ 1. The mayor shall preside at all meetings of the city Mayor to preside. 
council, and shall have a casting vote and no other. In 
ca^e of non attendence of the mayor at any meeting, the 
board of aldermen shall appoint one ( f their own number Mayor ^iro/m. 
chairman, who snail preside at that meeting. 

§ 2. The mayor, or any two aldermen, may call special spcdai meetings. 
meetings of the city council. 

§ 3. The mayor shall at all times be active and diligent M^yo^'- to ^>ediii- 
in enforcing the laws and ordinances for the government of 
the city. He shall inspect the conduct of ail subordinate subordinates, 
officers of said city, and cause negligence and positive vio- 
lation of duly to lc prosecuted and punisl ed. He s! all, 
from time to time, communicate to the aldermen such i,,j()i-. Communications. 
niation and recommend all such measures as in his opinion 
may tend to the improvement of the finances, the jiolice, 
the health, security, comlort and ornament ot the cily. 



m 



74 



Posse comitatus. 



Power to execute, 



^ 4. He is liereby authorized to call on every male in- 
habitant of said city, over the age of eighteen years, to aid 
in enf )rcing the laws and ordinances, and in case of riot to 
call o:it the militia to aid liim in suppressing the same, or 
in carrying into effect any law or ordinance, and any per- 
son who shall not obey such call shall forfeit to said city 
a fine not exceeding five dollars. 

§ 5. He shall have power, whenever he may deem it 
necessary, to require of any of the officers of said city an 
exhibit of his books and papers. 

§ 6. He shall iiave power to execute all acts which may 
be required of him by any ordinance made in pursuance 
of this act. 

§ 7. He shall be commissioned by the governor as a 
justice of the peace for said city, and as such sliall be 
a conservator of the peace for said city, and shall have 
power and authority to administer oaths, issue writs and 
process under the seal of the city, to take depositions, the 
acknowledgment of deeds, mortgages and all other instru- 
ments of writing, and certify, [undrrj the seal of the city, 
which shall be good and valid in law. 

§ 8. He shall have exclusive jurisdiction in all cases 
arising under the ordinances of the corporation, and con- 
current jurisdiction with all other justices of the })eace in 
all civil and criminal cases, within the limits of the city, 
arising under the lavs of the state, and shall receive the 
same fees and compensation for his services as are by law 
allowed to justices of the peace in similar cases 

§ 9. He shall also have such jurisdiction as may be 
vested in him by ordinance of the city, in and over all 
places withing five miles of the boundaries of the city, for 
the ])uri)ose of enforcing the health and quarantine ordin- 
ances and regulations thereof. 

§ 10. He shall receive for his services such ?alary as 
shall be fixed by an ordinance of the city. 

§ 11. In case the mayor .slia':! at anv time be guilty of 
a palpable omission of duty, or shall wilfully and corruptly 
be guilty of oppression, mal-conduct or partiality in the 
discharge of the duties of his office, he shall be liable to 
be indicted in the circuit court of Warren county, and 
on conviction he shall be fined not iiiore than two hundred 
dollars, and the court shall have power, on the recommen- 
dat'.on of the jury, to add to the judgment of the court 
that he be removed from office. 



ARTICLE VH. — Of Proceedings in Special Cases. 



S 1. When it shall be necessary to take private pro- 

Bompensation for , ^ . . , , , *' . i i • ^ j. 

private pruper- pcrty tor openmg, widennig or altermg any public street. 
^^' lane or alley, the corporation shall make a just compensa- 



75 1852. 

tion to t!ip ]-)prson wliose property i" so taken ; and if the 
amount of such compensation cannot he acjreed on, the 
mayor shall cause the same to he asceitained hy a jury of 
six disint^vosted freeho'ders of the city. 

§ 2. When the owners of the ])ro])erty on a street, lane, streets, alleys, 
avenue or alley proposed to be opened, widened or altered, 
shall petition therefor, the city council may open, widen or 
alter suc!i street, lane, avenue or alley, on conditions to be 
prescribed by ordinance, but no compensation shall in such 
case be made to those whose property shall be taken for 
the opeuiuM-, widening or altering such street, lane, avenue 
or alley, nor shall there be any assessment of benefits or 
damages that may accrue to any of the petitioners. 

§ 3. All jurors empanneled to enquire into the amount Jurors, 
of benefits or damages which shall happen to the owners of 
])roperty proposed to be taken for opening, widening or 
altering any street, lane or alley, shall first be sworn to 
that effect, and shall return to the mayor their inquest, in 
writing, signed by each juror. 

^ 4. In ascertaining the amount of compensation foruuie of assess- 
property taken for opening, widening or altering any street, '"''°'- 
lane, avenue or alley, the jury shall take into consideration 
the benefits as well as the injury happening by such open- 
ing, widenip.g or alttring any such street, lane, avenue or 
alley. 

5 5. The mayor shall have power, for c^ood cause shown, Vacation of iD- 

• • 1 r- ■ 11111 1^ 1 UUOSt. 

witlun ten days after any inquest shall have been returned 
to him as aforesaid, to set the same aside, and cause a new 
inquest to be made. 

§ 6. The city council shall have power, by ordinance, Special tax. 

to levy and collect a special tax on the holders of the lots 
in any street, lane, avenue or alley, according to their re- 
spective fronts owned by them, for the ))urpose of paving 
and grading the side walks and lighting said street, lane or 
alley. 

ARTICLE ^Wl.—MiHcdlamom Provisicns, 

§ 1. Tiie inhabitants of the city of iMonmouth are here- Labor on roaue. 
by exempted from working on any road beyond the limits of 
the city and from paying any tax to pay laborers to work on 
the same. 

§ 2. The city council shall have power, for the purpose Road tax. 
of keeping the streets, lanes, avenues ai.d alleys in repair, 
to require every male inhabitant in said city, over twenty- 
one years of age, to labor on said streets, lanes, avenues and 
alleys, not exceeding three days in each and every year; 
and any ])erson failing or refusing to perfoian such labor, 
when duly notified by the supervisor, shall forfeit and pay 



Etateuieiit. 



Force of ordinan- 



tuted. 



1852. 76 

Penalty. the sum of sevcntj-five ccntvS per day for each day so ne- 

glected or refiise>l. 

Imprisonment. § 3. 'I'he city couricil s''all have power to j'lovide for 
the punisliment of offenders b^ imprisonment in the county 
or city jail, in all cases where such offenders shall fail or re- 
fuse to pay the fines and forfeitures which may be recovered 
against lliem. 

Publication of § 4. The city council shall cause to be published, annu- 

ally, a full and compli-te statement of all moneys ex})ended 
by the corporation during the preceding year, and on what 
account recei\ed and expended. 

§ 5. All ordinances and resolutions passed by the pre- 
ces. sident and trustees of the town of Monmouth shall remain 

in full force until the same shall be repealed by the city 
council hereby created. 

Suits, iiowinsti- § 6. All suits, actions and prosecutious instituted, Com- 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name of the 
city of Monmouth. 

Pines &c. § '^ ' ^^^ actious, fincs, penalties and forfeitures which 

have accrued to the present trustees of the to>»'n of Mon- 
mouth, shall be vested in and may be prosecuted by the cor- 
poration hereby created. 

Property. § ^' All property, real and personal, hcrctof «i'e belong- 

ing to the president and trustees of the town of Monmouth, 
for the use of the inhabitants of said town, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any act done by 
the president and trustees of the town of Monmouth, or di- 
vest them of any rights which may have accrued to them 
prior to the passage of this act. 

Promulgation of § '^- Tiu! president aiid trustees of the town of Mon- 
mouth shall, immediately after the passage of this act, take 
measures to promulgate this law within the limils of the city 
of Monmouth, aiid issue their proclamation for the election 
of officers, and cause the same to be published in all the 
newspapers in the said citv for two weeks prior to the time 
of sucli election for said officers. 

Appeals. § 1^- Appeals sh dl be allowed from decisions in all ca- 

ses arising under the provisions of this act, or anv oi'dinance 
passed in pursuance thereof, to the circuit court of Warren 
county, and every such appeal shall be taken and granted 
in the same manner and with like effect as appeals are ta- 
ken from and granted by justices of the peace to the circuit 
court under the laws of this state. 

Mayor pro ^em. § 12. Whenever tlie mayor shall absent himself from 
the city, or shall resign or die, or his office shall be other- 
wise vacated, the board of aldermen shall immediately pro- 



Effect of charter. 



charter. 



77 1852. 

ceed to dect one of their number president, wlio shall be 
mayor j.r.) tern. 

§ 13. This act is hereby declared to be a public act, and Chaiacterot act. 
may be I'ead in evidence in all courts of law and equity 
within tiiis state without proof. 

§ 14. All acts and parts of acts coming within the pro- Acts repealed, 
visions of this charter, or contrary to or inconsistent with 
its provisions, are hereby repealed. 

§ 15. The city marshal, or any other officer authorized FeeF, &c. 
to execute writs or otlier pi'ocess issued by the major, shall 
have power to execute the same any where within the limits 
of the county of Warren, [and] shall be entitled to the same 
fees for traveling as are allowed constables in similar cases. 

^1 It). Tiie president and trustees of the town of Mon- This act tote vo- 
mouth siiall cause an election to be held in said town on the pTipie^t Mon- 
first Monday in the month of Se})teinber, one thousand eight 
hnndi'ed and fifty-two, at which the inhabitants residmg 
within the city limits, who are authorized to vote for state 
officers, shall vote for or against the adoption of this char- 
ter; and if a majority of the votes given at such election 
shall be in favor of the adoption of said charter the same 
shall immediately take effect as a law ; but if a majority of 
the votes cast at said election sliall be against the atloption 
of said charter then this act to be of no effect. 

Approved June 21, 1852. 



pL-ople 
niuutti. 



AN ACT to amend an act entitled "an act to amend the several acts incor- in force June 21, 
porating the town of Galena." 1852. 

Section 1. Be it enacted 6y the people of the State of 
Illinijis^ represented in the General */i'<svmh/y. That here- 
after ever}' white male person shall be eligible to the office *^JjjJ"g"^^''°°^ *'"' 
of mayor or aldermen of the city of Galena who shall have 
resided in said city one year next preceding his election, 
and shall be at the time of his election twenty-one years of 
age and a citizen of tlie United States. 

§ 2. That the city council of the city of Galena shall be Tax to defray or- 
and they are hereby authorized, in addition to the taxes now l''"g"^nt™expen- 
authorized to be assessed, levied and collected, to assess, ^'^'*- 
levy and collect a tax, not exceeding one per cent, on a dol- 
lar of the assessed value of all real and personal estate made 
taxable in said city, to defray the ordinary, contingent and 
other expenses of said city not herein otherwise proA'ided 
lor; wliich taxes shall constitute the general fund for city 
pUipoSeS. 



1852. 



78 



Liquidation tax. 



§ 3. That the city council of the cit}' of Galena shall be 
and ti ey ai'e iiereby aulhotizc d to annually asst ss, levy and 
collect a school tax, i ot exceeding live mills on a dollar, on 
all real and personal estate taxable in said city, to meet the 
expenses of jturchasinii; orounds foi- school lioust- s, and build- 
ing and repairing school houses, and supporting and main- 
taining schools. 

§ 4. Tliat the city council of the city of Galena may, if 
the said city ct uncil believe that the public good and the 
best interests of the city require, annually assess, levy and 
C(jllect a tax, not exceeding one per cent, on a dollar on the 
assessed value of all real and personal estate taxable in said 
city, in addition to all other taxes levied and collected in 
Mannerof appii- Said city, to be applied as follows, to wit: The fund so col- 
cation. lected shall be kept separate, and shall annually, on the first 

day of January, be apportioned and paid ox^x pru rata up- 
on the funded indebtedness of the city of Galena, as may be 
presented by the holders of the sam.e, to be entered as cred- 
its upon and to that extent in extinguishment of the princi- 
pal of said city indebtedness. A majority of all the alder- 
men authorized by law to be elected shall be necessary to 
assess, levy and collect said tax to pay said city indebted- 
ness. This section to continue and be in force until the 
whole amount of said city indebtedness, with the interest to 
accrue thereon, is fully paid, and no longer. 

v^ 5. Tliat the city c nmcil of said city shall have power 
and authority to assess, levy and collect a special tax on 
the owner or owners of the lot or lots fronting on any street 
or parts of streets, lane, avenue or alley in said city, accord- 
ino- to the respective fionts and value of said lot or lots, for 
the purpose of grading, paving, planking, improving and 
keeping in repair the side walks in front of their respective 
lot or lots, and for the purpose of lighting with lamps or 
otherwise such street, lane, avenue or alley. 

§ 6. That lots numbered sixty-one, sixty-two, sixty- 
three and sixty-four, in the city of Galena, known as the 
" Market House SojUare," with the market house and build- 
ings thereon, are hereby made a public square and public 
buildings ; and any other square or building hereafter laid 
out or erected for the public use and benefit of tlie residents 
of said city, shall be deemed public squares and public 
buildings. That the Ma)ket House Square, market house 
and buildings thereon, with the appurtenances, and all other 
public squares or public buildings hereafter laid out or 
erected, shall be forever exempt from taxation, attacliment 
and execution; and the city council may giade, pave, 
plank, improve, protect and ornament the same, or any part 
or portion thereof, and defray the expenses for so doiug out 
of u e general fund of said city. 



street tax. 



PM'jlic squares. 



79 1852. 



§ 7. That the city council of the city of Galena shall Mayor's court. 
have power and authority to provide by ordinance or ordi- 
nances for the organization and maintenance of a mayor's 
court ior said city, and for the trial and punislanent of all 
olTendeis a^^ainst the ordinance or ordinances of said city 
made or hereafter to be made in conformity with the pow- 
ers granted in tlie city charter ot the said city of Gale- 
na, or hy virtue of this act, and not re])Ugnan"t with the 
constitution of this state and constitution of the United 
States. 

§ 8. Tiiat the city council of said city may have the K^cuisive juriR- 
power and authority, by ordinance, to grant to the mayor of '^'"'°°" 
said city the exclusive jurisdiction in all cases arising under 
the ordinance or ordinances of said city; and the mayor 
shall receive tlie same fees and compensation for his servi- 
ces as justices of the peace in similar cases. 

§ 9. That all act or acts, law or laws, amendatory, re- Actsrepeijeo. 
pealing or conflicting with, or to any parts or provisions of 
section twenty-tiiree of the act entitled "an act to amend 
the several acts incorporating the town of Galena," be and 
the same are heieby repealed. 

§ 10 That the city council ol said city shall have pow- pevre mer. 
er, control, authority and jurisdiction in and over Fevre 
river, in the city of Galena, and from thence to its junction 
with the Mississippi river, for the purposes of improving the 
navigation thereof, and may alter, widen, straighten, dredge, 
deepen, turn, change, shorten or otherwise improve the 
navigation of its channel or waters; iind may have power, 
authority and jurisdiction, for the purposes of removing and 
preventing all and any impediments and obstructions of ev- 
ery kind and description, natural or artificial, that tends 
or may hereafter tend to obstruct or impede the free and 
uninterrupted navigation of said river for steamboats or 
other water craft, under such rules and regulations as the 
city council, by ordinance, may direct. That the said city 
council shall allow a just compensation for all damages the 
owner or owners of any real estate on the banks of said 
river may sustain, by reason of turning or changing, straight- 
ening, widening, shortening or deepening the channel oi said 
river. Said damages to be allowed and assessed in tlie sanie 
manner as now provided for in the city charter of Galena 
in relation to the discontinuance of streets and the remo- 
ving of buildings. 

§ 11. That the city marshal of the city of Galena slial' city marshal. 
have power, autliority and jurisdiction, and may serve any 
process issuing under and by virtue of this act. or of the 
act to which this is an amendment, or by virtue of any 
ordinance of said city made, or hereafter to be made, in 
any place VN'ithin the county of Jo Daviess. 



1852. 



80 



Ordinances. 



Taxes, how levi- § 12. That the taxes authorized to be levied and col- 
rd, &c. lected by virtue of t is act, ma\ be levied and collected in 

tlie same manner and under tlie same regulations that other 
city taxes are collected. 

§ 13. The city council of said cily shall have power 
to make all ordinances which may be necessar> and pro- 
per for carrying into execution the powers specified in 
tiiis act, and not repugnant to the constitution of the Uni- 
ted States or of this state, and may repeal any and all 
ordinances, 

§ l4. This act to take effect and be in force from and 
after its passage. 

Approvkd June 21, 1852. 



In force June 
186-2. 



Goiporators. 



8t)le. 
Purposes 



21) AN ACT to incorporate the Rock River Mutual Fire Insurance company. 

Section 1. B" it enacted hy the -people of the State of 
Illiiijis, represented in the General Jissemhly^ That George 
Haskell, Newton Crawford, Anson S. Miller, Seldon W. 
Church, Bela Sharr, William Bebb, Wait Talcott, J. G. 
Prentiss, D. A. Knowltou, O. H. Wright, Suniiel M. Hitt, 
P. R. Bennett, St. John Mix, Joel Florida, Alexander 
Neely, and all other persons who may hereafter become 
members of said company, in the manner herein prescribed, 
be and they hereby are incorporated and made a body poli- 
tic, for the term of twenty years from the passage of this 
act, by the name of "The Rjck River Mutual Fire Insu- 
rance company," for the purpose of in-suring their respec- 
tive dwelling houses, stores, shops and other buildings, 
household furniture and merchandise, against loss or datn- 
ao-e by fire, whether the same shall happen by accident, 
li'»-!itnin2- or any other means, except tiiat of design in the 
assured^or by the invasion of an enemy or insurrection of 
the citizens of this or any of the United States, and by 
that name may sue and be sued, plead and be impleaded, 
appear, prosecute and defend in any court of record, or 
other place whatever; may have and use a common seal; 
may purchase and Inld such real and personal estate as 
may be necessary to effect the object of their association, 
and the same may sell and convey at pleasure : Provided, 
such real estate shall not exceed one hundred and sixty 
acres : may make, establish and put into execution, such 
by-laws or ordinances and resolutions, not being contrary 
to the laws of this state or of the United States, as may 
seem necessary or convenient for their regulation and gov- 
ernment and for the management of thisir affairs, and do 



81 185S, 

and execute all such acts and tliinjTs as may be necessary 
to carry into full effect the purposes intended by the 
charter. 

§ 2. That all and every person and persons, who shall Members, 
at any time become interested in said company, by insuruig 
therein, and also tbeir respective heirs, executors, adminis- 
trators and assigns, continuing to be insured therein, as 
hereinafter provided, shall be deemed and taken to be 
members thereof, for and during the time specified in their 
respective policies, and no longer, and shall at all times be 
concluded and bound by the provisions of this act. 

§ 3. There shall be a meetiiig of said company at Rock- 
ford, in the county of Winnebago, on the first Widn( sday 
of .January annually, or on sujji other day as the said com- 
pany may hereafter determine, at which first annual meet- 
ing s'lall be chosen by a major vote i»f the members piesent, Directors. 
and by proxy, a boaid of fifteen directors who shall con- 
tinue in office until others have been chosen and accepted 
the trust in their stead. In all vacancies happening in said 
board, whether by removing from the state, dying or refu- vacancies, 
sing or neglecting to act, for and during the space of three 
monti)S successively, then and in every such case, another 
director shall be chosen in the place of each director so 
removing, dying, refusing or neglecting to act as aforesaid, 
by a majority of the directors present at any monthly 
meeting, which director so chosen shall remain in office 
until the next general e'lection of directors, and a majority 
of the whole board shall constitute a quorum for the trans- 
action of business. At their first regular meeting the board ciassiflcatioa 
of directors shall class themselves, by lot, into three classes 
of an equal number each, the terms of whose service shall 
respectively expire a^ follows: the first cla<!s in one year, 
the second class in two years, and the third class in tl ree 
years. Special meetintjs of the company may be called 

V 1 r iU J- i I J.I c Special niec$M^«. 

by order oi the directors, whenever the owners of one 
tenth part of the prop -rty insured in said company shall 
apply to ':he directors, setting forth in writing the purposes 
for which a meeting is desired. 

5 4. The board of directors shall superintend the con- ^""^^r of «teM- 
cerns of said company, and shall have tlie management of 
the funds and proi)erty thereof, and of all matters and 
things thereunto relating, not otherwise provided for by 
said company. They shall have power, from time to time, 
to a[»point a secietary, treasurer and such other officers, *^''^'^^™* 
agents and assistants zs to them may seem necessary, and 
prescribe their duties, fix their compensation, and take 
such security from tiiem as they may deem necessary for ^ ^^ 
the faithful performance of their respective duties. They r'i«>'«. 
shall determine the rates of insurarice, the sum to be in- 
sured on any building, not exceeding two-thirds of its 
6 



1852. 



Basis of injiU' 



valii'^', nor more than one- half of the value of personal pro- 
])erty, and tlie same to be deposited for the insurance 
tliercof. They shall order and direct the making and issu- 

iviicies. ing of all policies of insurance ; the providing of books, 

stationery and other tilings neeJfiil for the otlice of said 
company, and for carrying on the affairs thereof, and may 

to«se». draw upon the treasurer for the paymtMit of a 1 losses which 

may have happened, and for expenses incurred in trans- 
acting the concerns of said company. Tliey sliall elect 

j'repident. oue of their own number to act as ])resident, and may hold 

their meetings inonthlj', and oftener if necessary, for trans- 
acting the l)usiness of the company, and shall keep a 
record of their proceedings and any director disagreeing 
■with a majority of the board at any meeting, may enter 
liis dissent, with his I'easoiis therefor, on record. 

jjj^j,^ § 5. The directors may extend the insurance of said 

company to any part of this state, on any of the real and 
persona! ]>roperty within the same, with the exceptions and 
provisions hereinafter enacted, not exceeding the sum of 
five thousand dollars in any one risk, at such rate or rates 
as said directors may, in view of the equity of the case and 
the interest of the company, determine. Insurances sliall 
be made in all cases, upon the representation of tiie assured 
contained in his application therefor, and signed by him or 
his attorney ; which representation sitall, in fairness and 
good faith, state all the material circumstances within liis 

Proviso. knowledge, which may aifect tlie risk: Pruvided, that in 

case of an}' loss or damage by fire, the valuation of the 
proj)erty at the time of such loss or damage, shall be deter- 
mined by the award of impartial men, as hereinafter pro- 
vided. 

^ 6. Books of account, written securities or evidences 
rano, &c. ot debt, title- deeds, manuscripts or writings oi any de- 
scription, money or bullion, shall not be deemed nor taken 
to be objects of insurance in said company. Curiosities, 
medals, jewels, musical instruments, plate, paintings, 
sculpture, stationery, watches, gold or silver- ware, of any 
kijul, shall not be deemed to be included in any [)olicy of 
insurance, unless these articles, or any of tl.ein, form part 
of tiie usual and regular stock in trade of the assured, or 
are particularly specified .n the policy. Breweries, chem- 
ical establishments, bleaching houses, oil mills, or contents 
of eitlier of them, alcohol, aquafortis, gunpowder, spirit- 
uous liquors, tar, turpentine, varn;sh, or any otlier trades- 
wares or merchandise, which may hereafter be excluded 
by said coin])any at any annual meeting, shall ne\er be 
deemed ins irabie by the directors of said company, nor 
any policy issued t'lcreon. 
iKspoaite notes. § ?• Every person who shall become a member of said 
coiiipany by efitcLiug insurance thtieln, shall, beicre h 



83 1852. 

receiv.^ !iis policy, deposite his promissory note for such 
sum or stims of money as shall be determined Ujton i)y t le 
direct';'^, and in addition to such note shall pay in casli 
such ( : KM- sum as may be required by the said directors. 
The s li ! .ii-posite note shall be |)ayab!e in j)art, or the whole 
at anv time when the directors shall deem ihe same requi- 
site for tiie ])aymeut of losses or other expenses, and at tlie 
expira: I'lii of the term of insurance the said m^te, or sucli 
part oi tiie same as s'lail remain unpaid, after dediictin^r all 
losses and exj)enses occuriujj during said term, Siiali be 
be reiiiiqui-hed and given up to the signer thereof. 

§ 8. Krery member of said comoany sliall be and here- ^o^sos. 
by is b;)iind to pay his proportion of al! losses and ex])enses 
liappei;!' ^' or accruing in and to said company, aiul all 
buildii!.;: !n-;ured by and witii said company, together with 
the rigil. title and interest of the assui-ed to tiie lands on 
which t ley staiul, shall be pledged to said company, and 
the sa:d company sha 1 have a lien thereon against the 
assure i, daring tUe contiauancv of his or their policies. 

§ 9. 'n cases ot any loss or damage by firf, happening j^-„t,,,„,i<,^ 
to any Member upon insured |)roperty, in and witu said 
compa ;y, tlie said mem :)er siall give notice thereof, in wri- 
ting, to tii^ directors, or some one of them, or to the secreiary 
of said couipany, within thirty days from the time of such 
loss or ui -M'^ti may have happened, and if t!ie pai-ty suffering 
is not s ;'.!!lied With tiie determination of the directors, the 
questi .a may be submitted to referees, or the said party 
may bruig an action against said company for said loss or 
damage, at the next court to be holden in Winnebago, and 
not afterwards, unless said court shall be holden witiiin 
sixty a.iys after said determination, but if holden within 
t lat tii!^ t! e 1 at the ues.1 court holden in said county 
thereai r; and if upon trial of saidaction a greater sura 
shall .' !■ recovered tlian the amount determined by the 
directors, the party sutFering shall have judgment there- 
for a/aiiist said company, with interest tliereon from 
the tii;!e said loss or damage 1 appened, and cost of suit; 
but if no more shall be recovered than the amount 
afirssL.!.], the said party shall become non-suit, and the 
said coinpany shall recover their costs: Provided^ Z^'^'^- Pronso. 
Cfer, t lit the judgment last mentioned shall in nowise 
aftect c ;c claim of said suffering party, to the amount of 
loss or liamage as determined by the directors aforesaid : 
%/)nd ]fr uide.d, also^ that execution shall not issue on any Further aroviwu 
judguii ni against said com'jany, until after the expiration 
of thrc--' mouths from the rendition thereof. 

§ 10. i'lie directors sljail, after receiving notice of anyP^y™*"* •t^um- 
loss or darnaga by fire s.istaiued by any member, and ascer- 
taining the same, or after the rendition of any judgment 
as aforesaid, against said company, fjr suca loss or dajiage, 



1852. »^ 

settle and determine the sums to be paid by the sevpral 
members thereof, as their respective proportions iA' such 
loss, and publish the same iii^such manner as they >\.a\\ see 
fit, or as the by-laws may have ])rescribed ; and the sum to 
Prorata. be paid by each member shall always be in proportion to 

the ori^anal amount of iiis premium note or notes, and shall 
be paid -J the treasurer within thirty days next after the 
])ublication of said notice. And if any member shall, for 
the space of thirty days after sucli notice, neglect ov refuse 
to pay the sum ass ssed upon him, her or them, as his, her 
or their proportions of any loss as aforesaid, in sucii cases 
saiiennote. the dircctois may sue for and recover the whole auiount of 
his, her or their deposite note or notes, with costs cf suit, 
and the money thus collected shall remain in tlie treasury 
of said company, subject to the ])nuneiit of such io-ses and 
expenses as have or may thereafter accrue, and the 1 alance, 
if any remain, shall be returned to the party from which it 
was collected, on demand, after thirty days from the tprm 
for which insurance was made. 

^11. If it ever s'lall happen that the whole amount of 
poaite nateb. dcposite uotes should be uisuthcient to pay the Joss occa- 
sioned by any one fi-e, in such case the sufferer^ insured by 
s lid com,)aiiy sha'.l receive, towards making good tlieir re- 
spective losses, a pro])ortionate dividend of the whole 
amount of said notes, according to the sums by them 
respectively insured, and in addition thereto a sum to be 
asses'^ed on all the members of said company, not txceed- 
imr fifty cents on every hundred dollars by them i espec- 
tively insured; and the said member shall never b^- required 
to pay for any loss occasioned by fire, at any one tinif, more 
tiian fifty cents on each hundred dollars insured in said 
company, in addition to the amount of his deposite );ote, or 
more tlian that amount for any such loss after his srdd note 
shall have been paid iu and expend^^d, but any juember, 
upon payment of the whole of his dej)Osite note und sur- 
rendering his policy, before any subsequent loss or expense 
has occurred, may be discharged from said company. 
§ 12. Said company may make insurance tor any term 
''^^rnc™'""'°'not exceeding ten years ; and any policy of insurance issued 
by said company, S'gned by the pi'tsident and countc; s'gned 
by the secretary, shall be deemed valid and bindiuL' on said 
company in all cases where the assured has a title in fee 
simple, unincumbered, to the building or buildings insured, 
and to the land covered by the same; but if the assured 
have a less estate therein, or if the premises are incumber- 
e ':, the policy shall be void, unless the true title of the as- 
sured and the incumbrances on the premises be expressed 
therein. 
Effector pale of § 13. When any house or other building shall be alien- 
jnsured proper- j^(-gj^ jjy gale or otlierwlse, the policy thereupon shall be 



85 1852. 

void, 9T!(1 shall be surrendered to the directors of said com- 
pany, t ) be cancelled ; and upon such surrender the assurt-d 
shall be entitled to receive his, her or their deposite note, 
upon tlie payment of his. her or their ])ro}tortion of all losses 
and expenses that have accrued prior to said surrender: Pro Proriuo. 
vided, Iwwever^ that the grantee or alienee having t!;e j)olicy 
assigned to him inny have the same ratified and confijined to 
him, her or them, for his, hei' or their own ])roper use and 
benefit, unon application to the directors, and with their con- 
sen', vvitiiin thirty days next after such alienation, on giving 
proper security, to the satisfaction of said directors, for such 
portion of the deposite or premium note as shall remain un- 
paid ; and by such ratification and confirmation the j)ai ty 
causing the same shall be entith'd to all the rights and privi- 
leges and subject to all the liabilities to which the original 
insured vvas entitled and subjected under this act. 

§ 14. If any alteration should be made in any house Aitemtion of in- 
or buiiding, by the proprietor thereof, after insuiance has ^urcd buiidm*;*. 
been made t'lereon with said company, whereby it may be 
exposed to greater I'isk or hazard fiom fire than it was at 
the time it was insured, then and in every such case the in- 
suiance made upon sucli house or building shall be void, 
unless an additional premium deposite, after such alteration, 
be settit-fl with and paid to the direetors; but no alteration 
or repairs ui buildings, not increasing such risk or hazard, 
shall in anywise affect the insurance previously made 
tliereon. 

§ 15, The property insured and the risks taken thereon ciassificau»a. 
may. in t!ie discretion of the directors, be divided into two 
general classes, according to the degree of hazard. Said 
ccmjia.iy s'lall, for the pui-i)ose of keeping distinct the ac- 
counts of iu<!urance upon property classified as aforesaid, 
keep two sets of books, ii. which shall be entered sepa- 
rately all accounts pertaining to insurance effected i i the 
said respective classes, and no money received lor insurance 
etlected in any one of the classes shall be applied in pa) ment 
of any loss or damage upon pr()j)erty other than that belong- 
ing to t !(■ class in which such person has property insured ; 
but ai' iosses and damages that occur to jiropeity insured 
in either class shall be paid fi'om funds di rived fiom insu- 
rance in such class. 

V 's- !u case any building or buildings situated on Leased property, 
leased lauds and insured by said comoany be destroyed by 
fire, aud the owner or owners 'hereof s'lall jjrefer to receive 
the amount of such loss in money, in such case tiie directors 
may relaa the amount of t!ie premium note given for the 
insurauce thereof until the time for which insurance was 
made ^'!Hil have expired, and at the expiration thereof the 
assured shall have the riglit to demaiul and receive such 
part o! said retained sum <.r sums as lias not been expended 
in losses and assessments. 



1852. 



86 



Kisaminatlon of 
books. 



Dartie Insurance ^ 17. If insurance on any lion<5e o!" i)nilfling sli,<i; 'oe and 
subsist in said company and in any other office, or ir. in and 
by any otlier peison or persons ;it tlie same time, L.e insu- 
rance made in and by said company shall be ae; ini d and 
become void, unless such double uisiirance subsist ! y and 
with tlie consent of the directors, sitrnified by imJorsement 
on the back of the policy, signed by the president and sec- 
retary. 
A-aessment to be § ^^' ^he directors of Said f'ompany shall not make 
:«imai. more than one assessment for losses in any ore \e;ir, and 

they sliall settle and pay all losses at one uniform j.( riod in 
each year subsequent to the annual assessment. The di- 
it^oaos. rectors are authorized, in ease of any loss or dairiMge by 

fire, to borrow such sum or sums of money as may he neces- 
Pi«*teo. sary to pay such loss or dama.e: Provided^ that uiPinbers 

sustaining loss or damage by fiie shall be allowed interest 
thereon from the time due notice has been given o!" .-aid loss 
until ])ayment is made. 

§ 19. Each and every member of said com|)any shall be 
entitled to and allowed an examination of the booi. ^, papers 
and general transaction'^ of said company, upon appl. cation 
therefor to the secretary. 

§ 20. It shall be the duty of the director* tc Dinke an 
annual report of the condition, ])rogress and afFau-j of said 
company, a copy of which report shall be I'urnis! eu by the 
secretary to the general assembly, and to each lii'Muber of 
the company. 

§ 21. In all suits by or against said company, any mem- 
ber of said company shall be a cnmj)etent witness. <;xcept 
in suits in which he or she shall be directly a partv : Pro- 
vided^ that such person shall not be otherwise dis'^nalified. 

§ 22. The records of said company, or copit^s thereof 
duly authenticated by the signatures of the presi(u nt and 
secretary, shall be competent evidence in any suit \'-\ which 
saiii company may be a party. 

§ 23. In case it shall become necessary to re^ eil to the 
lien on the j)roperty insured, the treasurer s'all demand 
})ayment of t!ie insured, or I.is legal representative, and of 
the tenant in }>ossession ; and in case of non-payment said 
company may sustain an a tion on the deposile note, and 
then execution may be levied on t!ie insured ])renusts, and 
t le officer making the levy may sell the wliole oi ;;)iy j)art 
of the estate at auction, giving notice and proceeding in the 
same manner as is required in sales under execution, or may 
procee i in equity, at the oj)tion of the comj)any. 

§ 24. Tiiat any ])erson oi- y)ersons who are or s aij be- 
come members of said company by effecting insurance 
thereon, their heirs, executors, administrators or a-^signs, 
who shall neg'ect or refuse the payment of any as'^essment 
or assessments duly ordered by the directors ol sai:i compa- 



X.*ei>nls. 



NbTi-piym»ntof 
afisessm^nU. 



87 1852w 

ny, for tlie term of thirty days after t!ie same shall liave be- 
come payable, agreeable to [nibiic notice by the treasurer, 
the party so in default shall be excluded and debarred, and 
shall lose all benefit and advantage of his, her or their insu- 
rance respectively, for and during the term of such default 
or noir paynu'ut, and notwithstanding shall be lia!>le and 
obliged to pay all assessments that shall be made during the 
continuance of his, her or their policies of insurance. 

§ 25. That in all cases where real or personal property ch.mgeof owner- 
insured by said comp 'ny shall become alienated by sah', by " '*'" 
change in partnership or ownership or otherwise, the poli- 
cies issued thereon shall be void, and slinli be surrendered 
to said company to be cancelled; and said company sliall 
not be liable for any loss and dam ige whic!i may happen to 
any property after such alienation as afore sud, unless the 
policies issued thereon shall have been duly assigned or 
confirmed by the consent of the directors to the actual own- puifc"?"" 
er or owners thereof, previous to such loss and damage ; and 
no policy issued by said company shall be deemed 'o have 
been duly assigned or confirmed, unless the consent of t; e 
directors to su-h assignment or confirmation is ctrtilied in 
sucli policy by the secretary of said comi^)an3'. 

§ 26. T:ie president of the board of directors of the 
Rock River Mutual Fire Insurance company, and \\'i< suc- 
cessor in office, is liereby authorized and empowereil to ad- 
minist»-'r oaths to the dii ctors and other officers of said com- 
pany for the faithful performance of their respective duties. 

§ 27. The individuals named in the first sic ion of this rirst hoard of «- 
act shall be and tliey are hereby eoustituied a bdard of di- 
rectors for said company, to serve as such until t e fir^t 
annual election of directors tiierein provided for. A ma; ri- 
ty of their number, at any time, shall constitute a (piorum 
for the transaction of business. They may call t le first 
meeting of the members of said company at any suit ihle 
time and j)'ace, in Roclclbrd aforesaid, by advertistinent in 
any newspaper ])rinted in said town, gi\ing at least ten 
days' notice of the {)lace, time and design of the meetitig; 
they may make and establish by-laws fo' the govei'iiment 
of said company until the first annual meeting thereof, and 
ma\ transact any business necessary and proper to carry 
into effect the j)rovisions and intentions of tnis act. 

§ 28. Tills act shall take elFect from and alief its pas- 
sage. 

Approved June 21, 1852. 



Xax ftuthorizetl. 



iB force JunftSl, AN ACT to authorize the county of Johnson to horrow money, and to pro- 
^^^' vide lor refunding of the same. 

Section 1. Be it enacted by the people of tJie State oj 
lllinuis, represented in Itie General Jiss(7nhltj^ That the 
county court of Johnson county be and they are hereby au- 

©esignatiou. thorizcd to Icvy a tax, to be called a court house tax, not 
to exceed twenty cents on each one hundred dollars worth 
of j)ersonal and real property of said cou)ity, to be assessed 

*^entandTOU^-^"^ coUected as other state and county taxes; and when 

♦ion- collected it shall be ])aid into the county treasury, to be 

subject to the order of the county court of Johnson county, 
for the payment of any debt incurred by said court in tlie 
completion of the court house in the town of Vienna, in John- 
son county, state of Illinois. 

B«Dds, § 2. The county court shall have power, for the pur- 

pose of carryincT out the objects of this act, to issue bonds of 
said county, bearing not exceeding ten per cent, interest, 
based upon the tax provided for in the first section of this 

extract, act. And the county court may make a contract with any 

person or persons for the comj)leti()n of said court house. 
If the county court shall so order, this shall apply to the year 
1852. 

This act to take effect from and after its passage. 
Approved June 21, 1852. 






*= for^ JtmeSl, ^^si ACT to amend an act entitled " an act \o amend an act ent'tted an act 
*' ■ to incorporate I he Nauvooand Warsaw Railroad company," approved Feb- 

ruary lOth, 18'4'J. 

Be it enacted hy the people oJ the State of Illinois, repre- 
sented in the General Assembly, That the time allowed by 
■Fwie extended, the act to wliich this is an amendment, for the commence- 
ment of the actual construction of tiie Warsaw and Rock- 
ford Railroad, be and the same hereby is extended two years 
beyond the time named in said act, and that the time re- 
quired for the completion of the same he also in like man- 
ner extended, and tliat all the i-ights and privileges secured 
to said Warsaw and Rockford Railroad company, b\ virtue of 
the act aforesaid, and of the assignment of the charter of tlie 
said Nauvoo and Warsaw Railroad company ^o the said 
Wai-^aw and Rockford Railroad company, executed Janua- 
ry 6th, 1851, be extended and continued to said Warsaw 
and Rockford Railroad com2)any, for the period aforesaid, 
without prejudice. 

Approved June 21, 1852, 



89 1852. 

AN ACT to authorize the town of Oquavvka to subscribe to the capital In force June 21, 
stock of certain corporat.oiis therein named. ^^^' 

Skction 1. Be it enacted hij the people nf the State of 
lUln )L , represented in the General ^ssienihl;/. That the 
town ot Oqiiawka, throuir!) tlie tru'«tees of said town, a re '''""^''^^s author- 
hereby authorized to subscribe to the capital stock of any 
company now organized, or wliich may hereafter be organ- 
ized, for the purpose of constructing and maintaining a plank 
road from a point on the west bank of the Mississippi river, 
opposite to the said town of ()i|nawka, in Desmoines county, 
in the state of Iowa, to extend westwardly or north-west- 
wardly, or for the j)urj)ose of .'Stablishing and keeping a fer- 
ry at said town of Oquawka, across tiie Mississippi river, an 
amouTit not exceeding twenty-five thousand dollars; and Amount of snb- 
also an amount not exceeding ten thousand dollars, to the '*'=''"'"*"*• 
capital stock of any company which may be engaged in con- 
structing a plank road tei-minating at said town of Oquaw- 
ka. And for the purpose of paying such subscription said 
town of t-fquawka, by their trustees, are hereby autho>ized 
to levy and collect a special tax on all real estate in said special tax. 
town; surh tax to be levied and collected as other corpora- 
tion taxes : Pruvided, that the levying and collecting such pioviso. 
tax shall apply to the year oni; thousand eight hundred and 
fifty-two as well as to subsequent years : JJnd provided fur- F\iTtheTproy\w^ 
ther, that before levying any such tax, or sul)scribing to any 
such stock, the trustees of said town shall order a vote of 
the taxab'e voters of said town, who own real estate in s 'id 
town of Oquawka, to be taken, whether such stock shall be 
subscribed for or not, and shall ca ise three i.otices of such 
voting to be posted up in said town at least ten days before 
such voting is to be taken; such notice to set forth the time 
and place of taking the vote, the amount of stock proposed 
to be taken, and in what company t!ie stock is to be taken; 
such v«>te to be taken as other corporation elections ; and it* 
a majority of the votes be cast in favor of the ])roposition, 
such tr:istees shall subscribe for such stock, and proceed to 
levy atid collect the same as aforesaid. 

§ 2. The trustees of said town of Oquawka, when any Bonds, 
stock sliall be subscribed (or by them, as authorized and pro- 
vided for in the foregoiiig section, may issue the bonds of 
said cf)rporation of Oq\iawka to tiie amount of the stock ta- 
ken, bearing interest at a rate not exceeding eight per cent, 
per annum, for the purpose of paying for such stock by them 
taken and subscribed, and m;iv apply the taxes so a>isessed 
and collected as herein provided for towards paying such 
bonds or the interest tnereon. 

§ 3. This act to be in force and take effect from and 
after its j)assage. 

Approved June 21, 1852. 



1852. 90 

In lorce J'iie2i, AN ACT '.o amend an ac' for the improvement of the nnv',p;at:ca of Rock 
^^^"^- liver, an,l fo- the pioduction of hyd.aulic powe.. 

Section 1. Be il enacted hi/ the people of tin ^ tote of 
lllin.jis^ represented in the General Jissemtlij. Tliat so 
swtionro-enact-jj^,,^.|, „j- ^|^^ ^^„^j, gectioii of tlie act entitled ^S.n act to 
itnpiove the lapids in Rock river, at SterHiijij, Wiiiteside 
oiiiitv, and to incorporate the Sterling Hydrr.ulic and 
M mn'actiiring company," in force February 18rh, 1847, 
as relates to the gift and transfer of state properly to the 
company, be and the same is hereby re-enacted, and made 
part of the act to which this is an amendment. 

Approved June 21, 1852. 



ed. 



In force June 21, AN ACT to establish a state road from Union, in McHenry counh', to Genoa, 
*^-" in De Kalb county. 

Skctton 1. lie it enacted hy the people of th.e Ftate of 
llLn /is^ represented in the (ieniral jissimllii^ Ti at Nor- 

oommissioners. ^^^.^^^ Diinliam, Sarnuei Richardson and William M. Jackson 
be and are iiereb\ appointed commissioners to view, lay out 
and locate a state mad commencing at any convenient 
point in the town of Union, in JMcHenry county, running 
fiom thence and upon the most practicable route, to Genoa, 
in De Kalb county 

Tim^ of com- § 2. It shall be the duty of said commissioners, or any 
two of them, to jiroceed to I'nion, in the county of Mc- 
IJenry, on or before the first day of September m -.t, or as 
sonn thereatter as they may find convenient, and after 
having been sworn by some acting justice of the peace, or 
clerk of said county, to view, mark and locate a read as 
abo\e designated. 

§ 3. Wften the said commissioners slsall have laid out 
said road, t!iey shall make out and deliver to clerks of the 
counties through which said road [m^ses, a copy or plat of 
said road ; which plat by said clerks shall be entered of 
record in their several offices, and the said entrie^ shall be 
e\ idence in all courts of this state of the existence of said 
road. 

§ 4. The compensation to each person emplaned in lo- 
cating and establishing said road shall be one doilar and 
fifty cents for each day n cessarily employed, exclusive of 
expenses for provisions, forage for horses, &c., except the 
surveyor, who shall have two dollais per day for each day 
so employed. 

■xpenwi, how § 5. T!ie expenses incurred in establishing said road 
shall be allowed and paid by each county, u^^on the filing 



muncement. 



Oath. 



Plftttobe filed 



OompensatioB. 



paiu. 



91 1852. 

of the pint*? as aforesaid, tl;roii^li which Siiid road is h)ca- 
ted, in (jrujiorlion to the distance t)r length of road in said 
counties ; the sHine io be made out by said commissioners, 
or any two of them. 

Tli'is act to be in force Irons and after its passage. 

Api-roved June 2i, 1852. 



AN ACT to incorporate the AVvnnrler and Pulaski Toll-bridge and Plank ^n force Aug. 22, 
Road company. 

Section 1. Be if ennr/rcf hi/ the people of the Flate of 
Illbiois, represeiiled in the Ginrrd/ ./^'^fiemh/ij^ That Green 
p. Garner, John Hodges, Francis M. Rawlings and Jolm ^.Corporators. 
McCiernand, and all su'li persons as shall hereafter become 
stockholders in thtt company hereby incorporated, their as- 
signs and successors, he and they are hereby ciiartered and 
constituted a body coipnrate. by t'le nam" of the "Alexan- 
der and Ptdaski Toll- >ridge and Phink Road com[)a)i> ; " 
that they liave succession, be capal)Ie of suing and being 
sued, pleading and being impleaded, within all coui'ts in 
this stale ; be caj)al)le of contracting and being contracted 
with; of i)urcha'<ing. selling, holding and conveying real 
real estate and persona! pi-operty, as necessary and conve- 
nient to enable them to estab'i^h a toll-bridge across (Jache 
river, on the south-west q'art^r of t!ie soulh-west quarter 
of section thirty- ouf' (31,) in townsldj) fifteen (15) south, P"n5o«e. 
of range one (1) west of the third principal meridian, a^ a 
pomt where said I'iver is the boundary between the counties 
aforesaid ; and also to build, con-^truct and complete a piank 
road fiom tlu- town of The'oe^;, the county seat of Alexander 
county, to Nortii Caledotiia, the county seat of Pulaski 
county ; and to carry out the privileges and franchises 
granted herein, with power to make by-laws, rules ami 
regulations for the management of its property, the stock of 
said company, and to retrulate its affairs. 

^ 2. The stock of said company shall be fifty thou«:and stock aad ehaces. 
dollar*, in shares of twenty- five dollars each, which is de- 
clared to be ]^er>-onal property, transferable by assignment. 
When the capital arisinc; from said stock is invested and increaseof stoct. 
expended in t'le objects of said charter, the stock of said 
company may be, tVom time to time, increased, in amounts 
of ou'^ hundred dollars each, as required in the com{)!etion 
of said works or either of them, but such stock shall not be 
increase I beyond one hundred thousand dollars. 

^ 3. The said [)lank road siiall not be def)endent njum Toii-bndge and 
the c(uistruction of said lol -bridije, nor the raid toll-bridge Jl,','ep,.n'ii'ent ot 
upon t.e said plank road, but either may be constructed, or ea^h other. 



1852. m 

any part thereof, independent of tlie otlier ; and if tlie said 
plank road shall be first coiii])leted, or any five niiies there- 
of, tiie said incorporatcrs may collect such rates of toll as 
may be directed by the county courts of said counties; and 
when the Si^id toll-bridge shall have been completed, wheth- 
er the whole or any portion of said plank road may have 
been constructed or not, such tolls may be collected for 
passing thereon as the respective county courts may deter- 
mine, tlie Alexander county court regulating the amount of 
tolls from the Aiex^nd* r shores, and Pulaski from hers. 
«>arter, when to § 4. Whenever Said corporation shall manifestly fail or 
be declared void, j^ggj^^ J. ^^ comply witli the provisions of this act, a reason- 
able alhjwance being made to them for that purpose, the 
circuit court of Alexander and Pulaski county, on a full in- 
vestigation of the facts and evidence adduced, and in \ iew 
of the justice of the case, may declare this charter null and 
void. 
Pen»itie8. § 5. If any jicrson Or pcrsous sliall wilfully do or caiise to 

be done, any act or acts whatever, whereby any boat, bridge, 
embankment, road, gates, building, construction, or work of 
said corporation shall be obstt noted, im])aired, weakened, 
injured or destroyed, the person or persons so offending 
shall, oti conviction thereof, forfeit and pay to the said cor- 
poration treble the amount of damages sustained by 'neaiis 
of such injury, to be recovered in the name of said corpora- 
tion, in any court of this state, by action of debt, trespass, 
or trespass on the case, with costs of suit; and nothing 
liereii;, in consequence of a recovery therefor, shall be a bar 
to the jmnishment of such offenders under the criminal laws 
of tliis state. 

§ 6. This act is declared to be a public act, and is to 
be construed liberally to promote and carry out tiie objects 
herein intended. 

Approved June 21, 1852. 



*» toTc^J^men, AN ACT to provide for the settlement of the claim of Samuel Bacon affainst 
^^°^- the state. 

Be if eiiarfed hij the 'people of fhe S'fafe of l//inois, rep- 
resented in the General ^'isKemhhj^ That the auditur of pub- 
'^600^'''''°" °'^'^ accounts be and he hereby is required to draw his war- 
rant upon the treasurer, for the sum of six hundred dollars, 
in favor of Sunuel Bacon, a blind man, formerly connected 
with the institution of the blind at Jacksonville, in full sat- 
isfaction and final discharge of all claims, dues or demands 



93 1852. 

against tlie state, for services or otherwise, and that the 
same be paid out of [any money in the J tieasury not other- 
wise aj)|)ropriattd. 

Tnis act to be in force from and after its passage. 

Approved June 21, IH52. 



AN ACT to incorporate the Naples Pro'ection Association. In force j\Tne2i, 

18S2. 

Section 1. Be it enacted hij the people of tlie State of 
Illoi lis, represented in tlie General ^^ssimhli/^ Tiiat Holo- 
way W. Vansyekle, Thomas Holobush, Henry Dresser, Roy- '"'po^""*"- 
al Mooers and Robert Morrison, and their successors, as 
hereinafter pro\ided, are hereby constituted and apj)ointed a 
body politic and corj)orate, under the name and style of 
" The Presi(jent and Trustees of the Naples Protection As- style. 
eociation ; " and under that name shall be a mur.iripal incor- 
poration, and shall have power to contract and be contracted "^""^ power*, 
with, sue and be sued, and shall have all the powers herein- 
after granted to as full extent as natural persons can or may 
have. 

§ 2. Said trustees shall appoint one of their number president, 
pi-esilent of their said board, and who shall act as treasurer 
of said corporation. They shall appoint another one of said 
board wiio shall act as secretary of said cor[)oration, and secretary, 
whose duty it shall be to keep a record of all the proceed- 
ings of said board, and have the care, control and custody 
o\ all books, ])a])ers and property of said corporation, and 
the said pre>ident shall have the care, control and possession 
of all money belonging to said corporation, and shall pay careof ftinds. 
the same out upon the orders of said board, to be recorded 
by said secretary, and certified copies presented to said 
president, and not o! herwise. The said president shall keep 
a casli book, in which he shall enter an account of all money Acconnu. 
received, and from what source, and of all money paid out, 
to whom paid, and for what purpose. A majority of the 
members of said board shall have {)ower to fill all vacancies 
that may occur in their number, aud in all their acts three 
members shall form a quorum to do business, a majoilty of 
which quorum ma)' do all acts authorized to be done by 
said corporation. 

§ 3. The object and intention of this corporation is to ;,t,jgct,_ 
build and cause to be built a levee or levees, or pny other 
kind of improvement around certain boundaries of land, to 
be determined by them, for tliC puip tst- of exchuiij g-the 
waiei- ot tlie Illinois r:\ er iVom said land, thereby to inci ea-e 
its value to tlie owners and promote tlie general liealtli of 



1852. 



94 



Mode of assess 
mcnt. 



Prevention oj 



tl.e ])eo])]e of the country. Tlie boundaries to he tlms de- 
* signaled shall be specilically designated by said boaid, to 
hi i)v tiiein determined by an order of the board, recorded 
as aforesaid, and the said levee and other improvi merits shall 
be made upon t!ie boundary thus designated : /'r<j/ x/er/, 
tiiat said board shall ha\ e power to alter Sriid boundary 
wlu-never it may by them be b}' them deemed necessary to 
pro'i.ote the oijjects and intentions of this corporation. 

§ 4. Said cor[)oration shall have ])ower to pa'^s all or- 
ders and ordinances that may be necessary to pi'event the 
o\ei-fl()wino; of the land within said boundaries, and to re- 
move and exclude the water from the same, and for that 
purpose said corporation may assess a tax upon all the real 
estate within said boundaries; which tax shnil be levied ac- 
cording to the valuation of said propert) as said value may 
be alH.ved for the time being by t!ie couniy assessor of Scott 
countv ; and llie president of said corporation shall notify 
tiie said county assessor of the boundaries aforesaid, and of 
tile amount of tax, being the per cent, upon the value of 
said real estate so to be levied, which tax shall be uniform, 
and equal upon all the real estate within said boundaries, 
and said assessor shall calculate and set down in h.s book, 
ill a separate column, said tax so levied, and shall i-eturn 
the same to be collected as other tax, and the same shall be 
subject to all the laws of the state of Illinois regulating the 
collection of state and county tax, and the same siiall be 
coliecltd by the sheriff and collector of tax for said county 
witu the state and count} tax so to be levied i!j>on said real 
estate, and when collected shall be paid over to said })resi- 
dent by said collectoi, retaining the same per cent, as may 
be allowed by law for collecting the state tax, and he shall 
taiie duplicate receipts therefor, one of which he shall file 
with the clerk of the coiinly court of said county and the 
otiier with the secretary of said board. 

§ 5. Said coipoi alion shall Itave power to pass all ne- 
cessary ordinances to prevent the land within the said boun- 
daries from being overflowed by ti;e raisingof water through 
ti e surface of the earth, and to compel the owners of all 
Wells and cellars and other excavations in the earth so to 
Secure the same as to jirevent said overflowing; and if the 
owner of any well, cellar or other excavation situated upon 
liis, her or their property, shall refuse or neglect so to se- 
cure the same from overflowing, said board may ])iovide, by 
ordinance, that the same shall be immediately done by the 
cor|)(iiatioii, and f )i that purpose may at any and all times 
enter npon any premises within said boundaries, and the 
owners of said property shall be subject to pay all necessa- 
ry t'xpense attendii g the same, and a lien is hereby created 
in fa\or of said cor| oration upt n all such lots and premises 
to secure the payment of such expense ; which liens may be 



95 1852. 

enforced in ''avor of said corporation as other lien:-; under t' e 
laws oi t e >ta e of Illinois. 

§ 6. S.iid corpoi'aHoii may borrow iroriey to coiiS'rtict ."onpy may b« 
said woilc and to keep tiie sanie in repair, ujioii >-iicn tonis ^""''"^'' ' 
and foi ^ucll interest as may be agreed upon, and to <:pc!ire 
the saitii may pledge the je\eniie to be raisrd as af< iisaid, 
and may contract that said corporation will lex) a suiliei* nt 
tax yearly and each 3 ear '.ipon all the j)r()perty vvitidn said 
boundaries, to pay said mont-y and interest as th** same fails 
due according to the said cnnti-act ; and if said corpr.ration 
shall ai any pioper time refuse cr fail to lla^ e said tax lev i- 
ed, collected and paid over, all and every person or persons, 
bodies poiitic and C()r[)orate, who may be entitled to Vr ci-i\e 
said incne}- so to be borrowed, and ail interest agi-eed to l)e 
paid tlii'ii'on, may enforce said conti act oy application to 
the co:itt of equity ol" said county, who shall cause said tav 
to be U\ied, collected and paid over to a recei\'er to be 
appoui'd by said court, to be by him paid to t!ie parties 
entitleil to receive the same ; and t'le said court is lu'rr!)y 
vested with full pjwer and jurisdiction to cai-ry this act in- ' ''•'•* 

to efFect, and to enforce all contracts made or to be made by 
said coi'poration. 

§ 7. if any person or persons shrill break down or de- f'^naity. 
stroy. or in any way injure any levee, dyke, embankment or 
other improvement made by said corporation, or uiidt-'r llu-ir 
aiithonty, such persons so olTending s!iall be suhjVet to in- 
dictment, and upon convietion may be lined in any sum not 
exceeduig one thousand dollais, and imprisoned in i!ie , 

county jail for any term not exceeding six montJis, and said 
person or () -rsons shall be liable in an actiiui of tresp .ss to 
said coi'i) oration for all dauiage do.ie to said iinprovement, 
and 10 any individual for any injury that may be sustained 
by reason of said act. 

§ 8. S lid corporation sliall have power to purchasf^ any rurc- ase of pn>- 
property, either real or personal, and to receive dcuiatious ^'^'^ ^' 
thersol' that miy be deemed necessary by said boird to car- 
ry on or aid, or that may be useful to said work, and to the 
forwarji.ig the objects of this act. Said corporation shall jj,^^f „, ^^^^ 
also have p )wer to cause all land and other real estate ma.eiiais. 
whereon it may be nec;'.ssary to t-ike earth or other male- 
rials to construct the same, to be appraised according to the 
provisions of the chapter in r.dation to the riglit of way, in 
t.ie Revised Statutes of thei state of Illinois. Ifanypers.) Dinagea 
in f.ont of Ariiose i.norovjd lo it may be necessary t) ra -e 
a dyke or embankment, or er 'ct ot ler improvem mi% s lail 
object t sereto, saii corpora'iori s'jall have power to Ci iS3 
said d.iJiij;e to be appraised as p-ovi led in said ia.v in r ;- 
lation to the right of way. Said corporatim shall h.ive 
power to deepen the water at the landing on tie r.ve , a 
liOiit of tiie tawn of Naples, and to grade the river bank. 



1852. 



96 



and to })rotect said bank, and to erect wliarves, and to 
charge wharfage on all cratis landing at said bank ; and 
said corporation may ])urcliase all land on said bank that 
may be deemed necessary for any one of the |)ur])oses 
afoiesaid, and to convert said property when purchased into 
a public landing as aforesaid. 

§ 9. This act shall take effect and be in force from and 
after its passage, and shall be a public act, and be ])ublisb- 
ed with tiie general public laws of the state of Illinois. 

Approved June 21, 1852. 



Times of courts. 

Crawford. 

Lawrence. 

Blchland. 

€ lay. 

Effingham. 

Jasper, 

Sumberland. 

Coles. 

Glark. 

Wrltfi, &c. 



iBforc June 21, AN ACT to charge the time of liolding courts in the fourth judicial circuit. 
1852. 

Section 1. Be it enacfed hy the people cf the State of 
J/linois, representtd bi the General Jissimbly^ That the 
courts of the fourth judicial circuit shall hereafter be held 
in the county of (-ravvlord on the first Mondays in March 
and Septeiiber; in tlie county of Lawrence on the first 
Mondays thereafter ; in the county of Richland on the first 
Mondays therealter; in the county of Clay on the first 
Mondays thereafter ; in the county of Effingham on the first 
Fridays thereafter ; in the county of Jasper on the first 
Wednesdays there ftt r ; in the county of Cumberland on 
the first Mondays thereafter ; in the county of Coles on the 
first Thiu^days thereafter; and in the county of Clark on 
the first Thursdays t.iereafter. 

§ ii. That all writs, jirocess and other proceedings made 
or to be made returnable in the circuit courts of the said 
seveial counties on the several days as now fixed by law 
for the commencement of the terms of said courts, shall be 
regarded and held as returnable to the terms of the said 
circuit courts as fixed in the first section of this act ; and 
no such writ, ])rocess or other proceeding shall be quashed 
or set aside or any cause continued because of the omission 
of tlie return day therein as fixed by this act. 

§ 3. This act s'lail take effect and be in force from and 
after its passage, and it is hereby made the duty of the sec- 
retary of state to fumisli a copy of this act to the clerks of 
the Cumberland, Coles and Clark circuit courts hereinbe- 
fore mentioned, immediately after the passage of the same. 

§ 4. All laws coming within the purview of this actara 
hereby repealed. 

Appkoved June 21, 1852. 



Act. when to take 
eff. ci. 



Duty of secretary 
ftt litate. 



97 1852. 

AN ACT to amend the charter of Hillsboro Academy. In force June si, 

1852. 

Section 1. Be it enacted by the people of the State of 
Illbiois. represented in the General Jlssenibbj^ That here- 
after ti:e stockholders of Hillsboro Academy shall elect the stockh.wers t» 
trustee-* to manage and control the affairs of said institu- ^'^'''^ ■"usees. 
tion; tl f said trustees so to be elected to have and exercise 
all the ;)i)wers and duties now had and exercised by the 
acting vrustees of said academy. 

§ 2. The present board of trustees of Hillsboro acad-ime, kc, at 
emy, and forever hereafter the board of trustees for the "'''''^'^'''°*- 
time bf.'ig, shall direct, by their by-laws, tlie times, places 
and manner of elections for trustees, and shall also direct 
the for:ns, times and manner of the returns of said elec- 
tions, and of canvassing the same, and shall appoint tiie 
judges and clerks of said election. 

§ 3. At tiie first election of trustees of said academy, xuniber of trus- 
fifteen shall be elected, and annually thereafter five shall *''''^*- 
be elected. The fifteen elected at the first election shall 
be divided into three classes, by the board for the time Classes, 
being; rhe first class shall serve one year, the second two 
years, and the third three years, and until successors are 
elected, and forever after the first election the said trus- 
tees s!ia!l hold their offices for the term of three years and Term, 
until su<'cessors are elected. 

§ 4. riie said elections for trustees shall be annual. Elections to b« 
(after the first;) each share of stock entitling its owner to *°°"*'" 
one vote at said elections. So soon as the first election 
takes piace and the terms thereof examined and declared, 
the teriu of office of the trustees now in being shall expire. 

§ 5. The president and secretary shall issue certificates ^^""^°**** •* 
of stock, which S'lall entitle the holder to the number of 
shares subscribed, whether new or old stock, upon such 
terms and conditions as t!ie board of trustees, for the time 
being, Miall direct by their by-laws ; which certificates of 
stock shall not be transferable or pass by descent, and shall 
be subjf ct to forfeiture for non-payment of the assessment 
made by the board of trustees, agreeably to the articles of 
association. All moneys received for stock or assessments 
shall by exclusively appropriated to repairing and improv- 
ing the academy buildings, enlarging the apparatus, pro- 
curing a library and improving and beautifying the grounds 
of the corporation, in the discretion and by the direction' 
of the board of trustees, from time to time. 

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

Approved June 21, 1852. 



1852. 98 

In forco June 21, AN ACT to amend an act entitled "an act to provide for leasin^r the land 
iSJ-2. granicd as a common to the inhabilanls of the iovvn of Frair.e da Kocher, 

in Randolph county, or so much of sa;d land as it may be to Uie xntei est oti 
the inhabiianls of said town to lease for school purposes," appro\ed Feb- 
ruary 8, 1851. 



Part of act re 
pealsO. 



Section 1. Be it enacted hfj the people of the State of 
lUinutH^ represeiitC't in tite General */dssenibly, That so 
much of the abo\ e recited act as required " liie president 
and trustees of the commons of Pi-airie du Rocher," there- 
by incorporated, to meet and organize in their hoard within 
ninety days after the adjournment of the last session of the 
general assembly, be and the same is hereby repealed. 
orpatiizntion, Kur § 2. Xhe ortranizatlon of said board of trustees, and all 

Voys. li'.ises, &c. 2 D -r\ • ■ 1 o I 1 I ' 

(k'ciarsd to bo surveys or the commons ol rraine du Koclier, inuae i>y 
and under their direction, and all leases heretofore made 
and granted by them for school purposes, is and are hereby 
declared to be vdlid and legalized as fully as if said board 
of trustees had met and organized within the time specified 
in tije act before named 
Payments in cd- ?, 3. The Said president and trustees of the commons of 
Praine du ixticher, may by ordinance require the payment 
in advance of tlie amount for which any lot may be leased 
by them, to any lessee or lessees, for any term of years not 
exceeding ninety-nine, instead of annually, as by said act 
provided, and may loan tlie money accruing froi.i t!;e leas- 
ing of such lots at the same rate of interest as tcnvnship 
school moneys are loaned ; and no property shall be exemj)t 
from execution for the collection of such loans, v.hich is 
not now or may not hereafter be exem})t from execution for 
the collection of moneyf loaned by townshin trt^asurers, 
under the common school lav/, anything in said act to. the 
contrary notwithstanding. 

§ 4. This act to be in force from and after its passage. 

Approved June 21, 1852. 



vanje. 



Iuf<}ree Jtmeai; AN ACT to authorize the city council of the c'ty of Peoria to '.^sue bond* 
1852. to the Peoria and Oqnawka Railroad company. 

Section 1. Be it enacted Ijy the people (f the Ftate of 
Bonds. lUinuiH^ represented in the General t^Ssstniblij, r]:at the 

city council of the city of Peoria be and they are 
TueX '"^ ^^ **" hereby authorized to issue the bonds of said city, when- 
ever they may deem it expedient, for all or any })ortion of 
the amount subscribed or hereafter to be subscribed by 
said city, to the Peoria and Oquawka Railroad company, 
under the provisions of an act of the legislature of said 
state, approved November the sixth, one thousand eight 



99 1852. 

Imndred and forty-nine, entitled "an act supplemental to 
an act entitled 'an act to provide for a ireneral system of 
railroad incorporations;'" and that said bonds be issued 
witiiout regard to tiie amount of instalments called for by 
the individual stockholders of said company. 

§ '2. This act to take elFect from and after its passage. 

Approved June Al, 1852. 



AN ACT to incorporate Mount Nebo Lod:;e; No. Seventy-sbc, of Free atul In fore? j-.imi-*!, 
Accepted Masons. 1S52. 

Section 1. Be it enacted hy the people of the State of 
Il/inuis^ represented in the General ^isemblij^ That all corporators, 
such persons as are or may hereafter become, and shall so 
remain members of Moiuit Nebo Lodge, No. Seventy-six, 
of Free and Accepted Masons, at Carlinville, Macoupin 
county, Illinois, from and after the passage of this act, shall 
be and they are hereby constituted a body corporate and 
politic, by tiie name and style of '"Mount Nebo Lodge, ^^>'''' 
No. Seventy-six, of Free and Accepted Masons," and by 
that name tliey and their successors shall have succession, 
and shall in law be capable of suing and being sued, plead- *^^*^'^'"' p'^'^''** 
ing and being impleaded, answering and heing answered 
unto, in all courts of law and equity whatsoever, ami by 
that name and style be capable of purchasing and receiv- 
ing, by gift or otherwise, holding and conveying real estate 
for tlie benefit of said lodge : Provided., that said corpora- P'^iso. 
tion shall not at any one time hold property to an amount 
exceeding ten thousand dollars. 

§ 2. For tlie purpose of carrying into eflect the objects ^'''^steee. 
of tills act, the tUree highest otiicers of said lodge shall 
always be and are hereby appointed trustees, to hold their 
oiHces as such in said lodge, as appointed by said lodge, 
and qualified from time to time. 

§ 3. The said corporation shall have power to make By-iaws. 
such by-laws and regulations as may be deemed necessary 
for the government of their concerns, and for the purchase 
and transfer of real estate. 

§ 4. A certificate, under the seal of said corporation, ^;^'n^"'^^'\**' 
that the said lodge has been duly organized, recorded in ^ * 

the oiiice of the clerk of the circuit court, shall be evi- 
dence of the existence and organization of said lodge. 

Tills act to be in force from and after its passage. 

Approved June 21, 1852. 



1852. 



100 



Gorporators 



?tyle 



General powers. 



ObJC'Ctf, 



ID lovc" June 21, AN ACT to incorporate the Princelon and West Keiniepin Plank Road 
11:1-2. Company. 

Section 1. Be it enadeil hy the people of the State of 
Illinois, represented in the General JJssenibly, That all 
such persons as shall become stockholders, agreeably to 
the provisions of this act, in the corporation hereby created, 
shall be, and for the term of thirty years from and after the 
passage of this act shall continue to be, a body corporate 
and politic, under the name and style of " the Princeton and 
West Hennepin Plank Road company," and by that name 
shall liave succession for the term ol thirty 3'ears, may sue 
and be sued, plead and be impleaded, answer and be an- 
swered unto, in all courts of law or equity, may make and 
use a common seal, and alter the same at pleasure, may 
make by-laws, rules and regulations for the management 
of their property, regulation of their affairs, and for the 
transfer of their stock, not inconsistent with the constitu- 
tion of t!ie United States, or of this state, and may pur- 
chase, hold and convey real estate. 

§ 2. Said corporation shall have power to construct, 
maintain, and continue a plank road of such width as they 
may deem advisable by the directors of said corjjoration, 
on the route to be selected by them from said town of 
Princeton to said town of West Hennepin, in the county 
of Bureau. 

§ 3. The capital stock of said company may be thirty 
thousand dollars, divided into shares of fifty dollars each, 
which shall be considered personal property. 

§ 4. That Edward F. Pulsifer, Oaks Turner, of Putnam 
county, and Justus Stephens, Jacob P. Thompson, and 
William Carn, of Bureau county, or a majority of them, shall 
be commissioners for receiving subscription to the stock of 
said company, when and where, and after such notice as 
they or a majority of them shall agree upon; they^may re- 
quire security for the payment of subscription thereto, and 
partial payment thereof, from time to time, as they may 
deem necessary, before the same shall a'l be taken. 

§ 5. The affairs of said company shall be managed by 
three directors, one of whom shall be president of the 
board or company. The directors shall elect a secretary, 
who may be ex officio treasurer of the company. The said 
•irectora when dircctors shall be chosen by the stockholders of said com- 
pany, as soon as five thousand dollars ;=hall be subscribed 
of the stock of said company. Directors and other oflli- 
cers of the company shall continue in office for the space 
of one year, and until their successors shall be chosen and 
qualified. The first election of directors shall be held at 
the time and place appointed by the commissioners, but all 
subsequent elections shall be held and regulated according 



Capital stock. 



C jmmissionerf . 



Secretary. 



IlTBt election. 



101 185J. 

to the by-laws of the company. In all elections each share 
shall be entitled to one vote, personally or by proxy. 

§ 6. Upon the election o? directors, and organization orBanizaiion. 
of their board, the said commissioners shall deliver to said 
directors all moneys received by them as subscription to 
stock, the books of subscription, and other property of said 
company. 

§ 7. The said corporation is authorized, as soon as the comm«ncement. 
board of directors are elected, to commence the construc- 
tion of said road, and as soon a. three miles thereof shall Tou-gates and 
be completed, may erect toll-gates thereon, and collect the 
toll allowed by this act. Said company shall keep sa.d road 
in repair, and said corporation shall have power to construct 
bridges and causeways over any streams or siouglis, any ^ .j^^gg^ j^j.. 
where upon the route of said road they may deem ne- 
cessary ; and said company may liave power to borrow an}' ^^^^^JJ.° ^'"'"^ 
sum not exceeding ten thousand dollars to aid in construc- 
tion of said road. 

§ 8. The said company shall have power to fix and re- iij.tu of win. 
gulate the tolls to be charged and paid for passing on said 
road, which in no case be above the customary t >l!s on 
other plank roads ; and it shall be lawful for any toU-gath- ^'''""'^''"""'' '^■*' 
erer to stop and detain any person going on said road, until 
the toll properly chargeable shall be paid; and any person who 
shall use said road, and refuse to pay said toll, shall forfeit 
and pay for such refusal the sum of three dollars and costs Peiait^. 
of suit, to be collected by said corporation by action of debt, 
before any justice of the peace of tlie proper county. 

§ 9. Said company shall commence said road at West i*"'"' of com- 

ennepm, and build the same m a good substantial manner, 
above ordinary hifjh water mark, from the Illinois river to Mudeefconsu-.c- 
the bhiii, by turowing up the s une to sucu a height as to be 
above high water mark, bridging the same, or using any 
other means in the construction of said road on the oottoin 
or low lands, so that the travel on tue same will not be at 
any season of the year obstructed by liigh water or inunda- 
tion ; and for this purpose, may use earth, timber, stone, iiit»'i»i-^:a5ic. 
or other material along the line of said road in accordance 
with the provisions of section number ten of this act. Said 
road to be completed to said bluff within two years from the Tim? of cuipi*- 
passage of this act. Said company sliall build at least two "'"" 
miles of said road every subsequent year thereafter, until 
the same is completed. 

§ 10. The said corporation is hereby authorized to lo- rawer tr. pasi 
cate and construct said plank road over any lands owned "''^'^'^'"'''' *" 
by tills sta'e, or by individuals on t'le route of said road. 
Said company shall pay all damages t'lat may arise or ac- 
crue to any persoii or persons by means of taking their lands, 
timber, rock, or gravel for the use of said road ; and when 
the same cannot be obtained by t!ie consent of the owners 



1852. 102 

iWiageshovras- upon reasonable terms, it shall be estimated and recover- 
ed in tlie maui.er provided by law for tlie recovery of dama- 
ges haj'pening by tiie laying out of highways, 

Ferry franchise. § !!• If Said company sliall complete three mills of 
said road from West Hennepin within two 3 ears from the 
passage of this act, as specified in section number nine of 
of tliis act, they shall then be entitled to the ferry franchise 
at Hennepin, across the Illinois river, lor and during thp 
continuance of this cliarter, (subject to the lease William 
Ray now has upon it,) upon the following condition, to wit: 
Tiiey shall execute their bond in tlie sum of three thousand 
dollars to the people of the state of Illinois, for the use of 
the counties of Puti.am and Bureau, with good and suffi- 
cient security, to be approved by the judge of the ninth ju- 

^^^- dicial circuit, which bond shall be signed on behalf of said 

corporation by the president of the board, and filed in the 
clerk's office of the county court of Putnam county. Said 

evndition. boud siiali be conditioned to complete tlie road as set forth 
in section number nine of this act, and further, to keep the 
same in good repair at all tunes for the use of the public If 
said company shall file their bond, and receive the ferry 
across the Illinois river at Hennepin, as set forth in this 
section, it shall be the sj)ecial duty of 'he prosecuting at- 
torney of the ninth judicial circuit, wlienever he shall be 
so directed by either of the county judges of the county of 
Putnam or Bureau, to commence suit aga'nst said corpora- 
tion upon their bond, to be filed as aforesaid, for a viojaiion 

Suit, thereof; which suit shall be tried in the circuit court of 

the county of Bureau; and if, upon the final trial of the 
suit, it shall appear that said company have violated any of 
the conditions of said bond, judgment shall be entered 
against them lor the amount thereof, (which amount may 
be lessened in the sound discretion of the court,) and the 
court shall thereupon decree and have tlie same entered 
of record, tliat said feiry has reverted to the counties of 
Putnam and Bureau. 

state and county ^ 1^- Said Company shall have a right to use the whole 
width of any county or stale road on the line of said plank 
road, for the purpose of constructing the same by agree- 
ment with the county court ; and all persons residing on 
the line of said plank road, shall have the ])rivilege of do- 
ing their highway work on said plank road i:. commuta- 
tion of tolls for the use of the same. 

ftiyht to macadd- § 13. Said Company may macadamize or jjravel such 
portion oi said road as Jies wilhin six miJes oi Princeton, 
instead of planking, if the directors thereof think advisable, 
and collect tolls thereon at two-thirds the rate they are 
allowed to collect on the plank road : Protic/ec/, tl.ey shall 
at all times keep such parts of the road in good condition 
and repair. 



: roads. 



Biize. 



103 1852. 

§ 14. Said corporation are liereh)- authorized to lay 
down a r.ulroud on said route, or any part thereof, and useRaiiroaa. 
the same, and to that end they are iiereby given all the 
rights and privileges which are conferred in "an act to pro- 
vide ior a general system of railroad incorporations," in 
fo#cr November 5, 1S49. 

TiiK iiL't to take effect and be ia force from and after its 
passa-e. 

Adroved June 21, 1852. 



AN ACT for the relief of the Pooria and Oquawka Railroad company, in force juneSt, 

1852. 

Whereas the legislature, by an act approved February preamble, 
tenth, eighteen hundred and fifty-one, authorized the 
governor of the state of Illinois to dispose of so much of 
the grade and right of way as the state of Illinois owned 
in or to the Peoria and Warsaw railroad to the Peoria and 
Orjuawica Raih-oad company; and whereas said Peoria 
and Jquawka Railroad company find it impracticable to 
locate said road on said track, with the exception of a 
small distance in and nigh said city, therefore, 
Skction 1. Be if t^nacted htj the people of the State of 
Ilti/i ^/..t, represented in the General Jissemhlij, That the "jf]^.';;"/^ ''^"- 
said Peoria and Oquawka Railroad company be and 
they are hereby released from the payment of any obliga- 
tion that they or tlieir agent may have entered into with 
the governor of this state, f )r the grade or right of way of 
the Peoria and Warsaw railroad. 

§ '1. Tiiis act to be in force from and after its passage. 
A/'pRO'KD June 21, 1852. 



AN ACT to incorporate the Carlinville and Chesterfield Plank Road com- j^ (g^ce June 2t 

pany. 1852. 

Skction 1. Be it enacted hij the people of the State of 
Illinois^ represented in the General Assembly^ That such coj.po,.ators. 
persons as shall become stockholders, agreeably to the 
provisions of this act, in the corj^oration hereby created, 
shall iHi a body corporate and politic, by t!ie name and style 
of " Tii'.^ Carlinville and Chesterfield Plank Road com- gtyig, 
pany, ' and shall by that name have perpetual existence, 
and by tiiat name may sue and be sued, piead and be im- 
pleaded, answer and be answered unto, in all courts of law 
or equity; may make and use a common seal, and alter or ,-e«,r.ii powers. 



1852. 



104 



Objects. 



Capital stock. 



BSrwSore. 



change the same at pleasure ; may make by-la^vs3 rules 
and regulations for the management of their property, reg- 
ulation of their affairs and for the transfer of their stock, 
not inconsistent with the constitution of the United States 
and the constitution and laws of this state. 

§ 2. Said corporation shall have power to constrAt, 
maintain and continue a plank road of such width as they 
may deem advisable, by the directors of said corporation, 
irom the said town of Carlinville to the town of Chester- 
field, in the county of Macoupin, Illinois. 

§ 3. The capital stock of said company may be twen- 
ty-five thousand dollars, which shall be considered per- 
sonal property, and divided in shares of fifty dollars each. 

§ 4. That E. Upliam, John Logan, Thomas S. Gelder, 
©wnmissiuners. Johu A. Cliesnut, Samuel T. Mayo, B. T. Burke and John 
M. Palmer, or a majority of them, shall be commissioners 
for receiving subscriptions to tlie stock of said company, 
when and where, and after such notice as they or a major* 
ity of them shall agree ; they may require security for tho 
payment of subscriptions thereto, and partial payment 
thereof, from time to time, as they may deem necessary be- 
fore the same shall be taken. 

§ 5. The affairs of said company shall be managed by 
five directors, three of whom shall be and form a quorum 
to do and perform the business of said company, who shal} 
be chosen as soon as the sum of five thousand dollars shall 
be subscribed to tlie capital stock of said company. The 
said directors shall hold their offices for the space of one 
year, and until their successors are elected and qualified: 
they shall be chosen by the stockholders, each of whom 
may vote personally or by proxy, duly authorized in wri- 
ting, casting as many votes as each stockholder shall own 
shares of said stock. Elections of directors shall be held 
at the time and place appointed by the commissioners, and 
all subsequent elections may be held and regulated by the 
by-laws of the company. 

§ 6. U])on the election of directors and organization 
of their board, the said commissioners shall deliver to said 
directors all moneys received by them on subscription to 
said stocks, together with all books of subscription and other 
property which may be in their hands, to the directors. 

§ 7. The said corporation is hereby authorized, as soon 
as the board of directors are elected, to commence the con- 
struction of said road, and as soon as any three miles there- 
of shall be completed, may erect toll-gates thereon and 
collect the toll allowed by this act. Said company shall 
keep said road in repair, and said corporation shall have 
power to construct bridges and causeways over any streams 
or slougl s, anywhere upon the route of said road they may 
deem necessary ; and said company may have power to bor- 



BsoiF, &c. 



Ttoll-gatcs 
tvUg. 



106 1852. 

row an amount of money not exceeding the capital stock 
of said company, to aid in constructing said road. 

§ 8. The said company sliall have power to fix and Rate of toils, 
regulate the tolls to be charged and paid for passing on 
said road, and it shall be lawful for any toll- gatherer to 
stop and detain any person going on said road until the toll 
properly chargeable shall be paid ; and ai y person who 
shall use said road and refuse to pay said toll, shall forfeit 
and pay for such refusal the sum of three dollars, to be 
collected in the name of said corporation by an action of 
debt, before any justice of the peace of the proper county. 

§ 9. The said corporation shall be allowed two years c^^^J^'p^j^t^lJ^ 
from the passage of this act to commence the said road, of road. 
and shall complete the same within three years thereafter ; 
and upon failure to do so, this charter and all the privileges 
herein granted shall be forfeited. 

§ 10. The said corporation is hereby authorized to lo- ^^''j^^l ^■'""^^ ^'^ 
cate and construct said plank road over any lands owned 
by this state or by individuals on the route of said road. 
iSaid company shall pay all damages which may arise or 
accrue to any person or persons by means of taking their 
lands, timber, rock, stone or gravel, for the use of the said Damages. 
road ; and when the same cannot be obtained by the consent 
of the owners, upon reasonable terms, it shall be estimated 
gnd recovered in the manner provided by law for the 
the recovery of damages happening by the laying out, 
opening and establishing public highways. 

§ 11. The said company or corporation may, and they Ej^'ension of 
are hereby authorized, to extend the said plank road, either 
by the main trunk or by lateral branches, so as to connect 
with any road or roads of like description in this state ; 
which said extension or branches shall [be subject] to and 
governed by the provisions of this act. 

§ 12. Tliis act to be deemed and taken to be a public ^c' t'' ^^ ?"""'=• 
act, and as such shall be liberally construed in all courts 
and places whatsoever. 

§ 13. This act to be in force and take effect from and 
after its passage. 

Approved June 21, 1852. 



AN ACT to define the time of holding circuit courts in the eleventh judicial In force June 21, 

circuit. ^^^■■^• 

Section 1. Be it enacted hy the people of the State of 
Illinois, represented in the General tfissemhly^ The times Times of holding 
of holding the circuit courts in the eleventh judicial cir- 
cuit of this state shall be as follows : In the county of Willw"i. 



1852. 



106 



1 rofiuois. 



GrunJy. 



Du Page. 



Pfuoess, &c. 



on the second Monday in March, first Monday in September 
an 1 third Mondav in December of eacti year; in tlie comity 
of Iroquois on the Tuesday after the fonrtli Monrlay of 
April, and on llie Tuesday after the third Monday in Sep- 
tember of each year; in the county of Grundy on the 
fourth Monday in March, and the first Monday in October 
in each year ; in the county of Du Pa<^e on the second 
Monday of April, and tliird Monday in October in each 
year. 

§ 2. All process, suits, recognizances or other legal 
proceedings, that have been or may be set or returna'jle in 
and to any of said courts, at the terms of said courts so 
arranged by law, prior to the passage of this act, shall be 
equally valid as though this act had not been passed, and 
shall moreover be considered as set and returnable to the 
terms of the courts as fixed and established by this act. 

§ 3. No grand jury shall be summoned for the Decem- 
ber term of the Will county circuit court, unless the judge 
thereof shall, upon application of some person or persons 
in jail on some criminal charge, order the same. 
*^i')TL°4yT'Vn § 4. The circuit court sitting as a court of cliancery, 
tor chauceiy gl^all |jg alwavs opeii in the county of Will, whenever tiie 

I) urposes. , J _ r _ in 

judge of the circuit court shall be })resent and ready to 
attend upon the same, but no jury shall be required to at- 
tend, unless upon special venire, except at regular terms. 

§ 6. Tins act to take effect on its passage. 

Approved June 21, 1852. 



Grand Jury. 



la force June 21, AN ACT to amend an act entitled "an act to create the county of Gallatin 
^^^■^- out of lie counties of Gallatin and Saline." 



Section 1. Be it fnacfed hy the people of the State of 
Jl/mais, represented in the General ^/l.ssemhli^. That on 

Time Of election. t|,gfl,.gt Monday in the month of August next,' an election 
shall be held at all the precincts established in the counties 
of Gallatin and Saline, as heretofore existing, for the for- 
mation of the county of Gallatin, at which election the 
legal voters of the said counties of Gallatin and Saline 
shall vote for or against the formation of the said county of 
Gallatin, as provided for in an act to which this is an 
amendment; and if it shall appear after an examination of 
the vote, as hereafter provided, that a maj -rity of the legal 
voters in each of said counties, who shall vote at said elec- 
tion, shall have voted for the formation of the county of 
Gallatin, out of the counties of Gallatin and Saline, then 

^i\m^ "^ e^e'^-and in that case all that territory emljrace i in the said 
counties of Gallatin and Saline shall hereafttr compose the 



107 1852. 

eounty of Gallatin, as provided for in the act to wliich this 
is an amendment. But if it shall a])pear on examination of 
the vote of said election, that a majority of tlie legal voters 
of either or both of said counties, wJio sliall vote at said 
election, shall have voted against the formation of the 
county of Gallatin, as provided for in the act to which this 
is an amendment, then this act and the act to wliich this is 
an amendment shall cease to be in force, and be void and 
of no effect. 

§ 2. Tiie returns of said election in Gallatin and Saline Returns, 
counties shall be made to the clerk of the county court of 
eaCi> couiity, respectively, in the same time returns are re- 
quired to be made in elections for cotinty officers. The said 
clerk, within live days after the returns are received, shall 
open said retuins and under oath shall make out a certifi- 
cate, S( tting forth therein the number of votes cast at said 
elec ion for and against the formation of the county of 
Gallatin, as aj)pears from the said returns, and transmit 
within two days said certificate to the secretary of state ; 
and for a failure to perfor n any of the duties in)posed on P*°ait7. 
them by this act, they shall forfeit and pay the sum of ene 
hui (Ired dollars, to be sued for and recovered by any per- 
son for the use of the county who may sue for the same in 
an action of debt, before any court having competent ju- 
risdiction. 

6 3. The secretary of state, within a reasonable time 
after receiving said certificates or returns, if it s'lail appear 
from the same that a majority of the votes of each of said 
counties, cast at said election were cast in favor of the 
formation of said county of Gallatin, s'lall cause procla- Proclamation. 
mation to be made thereof, in all the newsjtapers published 
in the town of Springfield. 

^ 4. If a majority of votes, as before provided, sliall be 
cast lor the formation of the said county of Gallatin, then 
on the first Monday in the month of Si^ptember an elec- 
tion shall be held in said county for connlv officers who by bounty officers. 
the constitution and laws of the state are required to be 
elected in the several counties therf-of, except justices of 
the peace and constables ; and said election shall be held at 
the same places, and conducted in the same way, and re- 
turns thereof made and compared in the same manner as 
provided for in the fourth section of the act to which this 
is an amendment. 

§ 5. At the time and place, as ]irovided in the fourth 
section of this act, an election shall be held in said county 
of Gallatin for the permanent location of the count> seat County seat, 
thereof, and the town of Equality is hereby designated as 
a point to be voted for as the county seat of said county. 
Said election to be conducted and returns made in the 
same way as provided in the said fourth section of this act; 



1852. 108 

and if a majority of the voters voting at said election shall 
vote for the location of the county seat at Equality, then 
the same is hereby declared to be the permanent county 
seat of said county. 

§ 6. The clerks of the county courts of said counties 
tTotices. f>f Gallatin and Saline shall cause the same notice of the ' 

different elections provided for by this act to be given, as 
is required in elections for county officers. 

§ 7. This act to take effect and be in force from and 
after its passage. 

Approved June 21, 1852. 



1« force June 21, AN ACT to amend the first section of an act supplemental to "an act to 
1862. incorporate the Northern Cross Railroad company, and to increase the ' 

number of directors of said company." 

Section 1. Be it enacted by the jjeople of the State of 
Illinois^ represented in the General %flssembly^ Tliat the 

'^teSl^h""^ "' ^^'^* section of an act entitled " an act supplemental lo aft 
act entitled 'an act to incorporate the Northern Cross Rail* 
road company,' approved February tenth, one thousand 
eight hundred and forty-nine," be so amended astoauthor*- 
ize the said Northern Cross Railroad company to termi- 
nate the lateral branch of said road at any point where th^ 
said railroad may connect with any other railroad extendr 
ing northward to the city of Chicago, anything in the act 
to wdiich this is an amendment to the contrary notwithstand- 
ing. 

incr«ase of num- § 2. That the dircctors of the said Northern Cross Rail- 
ber of directors, road Company may be increased so that the number there- 
of shall not exceed nine. 
Approved June 21, 1852. 



In force June 21, AN ACT to incorporate the town of Harrisonville, in Knox county, and to 
• change the name to Hermon. 

Section 1. Be it enacted hy the people of the State of 
Illinois, represented in the General Assembly, That the citi- 
corporation. zens of Harrisonville, Knox county, Illinois, be and the 
same are hereby declared a body politic and corporate, 
with the privilege of exercising in their corporate capacity 
all the powers and privileges conferred upon towns by the 
general acts of this state authorizing the incorporation of 



109 1852. 

town and cities : such powers to be vested and exercised 
as in said acts designated. 

§ 2. Tiie said town of Harrisonville shall hereafter pj^j^^gg 
bear and be known by the name of Hermon, instead of Har- 
risonville. 

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

Approved June 21, 1852. 



of Ram*. 



AN ACT to enable the county court of Randolph county to borrow money, 
and to levy a tax to pay llie same. 

Section 1. Be. it tnacted by the people of the State of in force Nov. s, 
///mois, represented in the Gene/ at u^^semblij^ That the ed "i'y the^pe*- 
county court of Randolph county be and it is hereby au- ag*^ ''prov"aea^?,', 
thorized to borrow a sum of money not exceeding eight sections. 
thousand dollars, as in the discretion of said court may be Power to borrow 
necessary, at a rate of interest not exceeding ten per cen- ™°"^y' 
tum per annum, for tiie purpose of enabling said county 
court to consolidate the county orders and indebtedness objector i»an. 
thereof outstanding on the first day of July, one thousand 
eight hundred and fifty-two; and tlie said sum of money, or 
so much thereof as may be borrowed, siiall be applied ex- 
clusively to that purpose and no other. 

§ 2. Tiie money borrowed under this actbysaid county period oficwi. 
court of Randolph, shall not be borrowed for a longer time 
than six years from the first day of December next, and for 
the purpose of meeting the interest which may accrue and 
become due thereon, which interest shall be paid annually, 
and for the further purpose of enabling said county to pay 
the amount of tiie principal which is authorized to be bor- 
rowed by this act within the time aforesaid, the county 
court of said county is iiereby further authorized to levy speci»it«s. 
and collect a tax not to exceed the sum of twenty cents on 
the hundred dollars worth of taxable property in addition 
to tlie amount now assessed for county purposes; which 
shall be assessed and collected in the same manner as other 
county taxes are now assessed and collected, and which 
shall be designated as the "county loan tax," and shall Designation, 
cease to be levied so soon as the principal and interest of 
the loan be liquidated. 

§ 3. The provisions of this act shall not be in force un- Election. 
til after the election to be held on the first Tuesday after 
the first Monday in November next, at which time it shall 
be submitted to the legal voters of the county of Randolph, 
who may then vote for the loan or against the loan. Notice 
of such election shall be given, and such election shall be 



1852. 110 

held, and returns tliereof made and canvassed in the same 
way and manner as is now pr()\ided by law ior the election 
of county ofHcers; and il upon canvassing said returns it 
shall be found that a majority of all the legal voles cast are 
in favor of, or for the loan, tlien this act shall be in full force, 
and the said county court shall be authorized to boirow 
Proviso. money as aforesaid: Pruiichd, that any legal voter of the 

county may contest such election as in the case of the elec- 
tion of county otiicers. 

Approved June 21, 1852. 



]Ui,toc<^ Juno 21, AN ACT to incorporate the Shawneetown and Equality Plank Koad com- 
1832. pany. 

Section 1. Be it enacted by the people of the State q/'I/lt- 
oorporaiion ne-nois, represented in the General JisHemhly^ That all such 
*'*'*■ persons as sliall become stockholders agreeably to the pro- 

visions of this act in the corporation hereby created, shall 
be, and for the term of thirt} years after the ])assage of 
this act sliall continue to be, a body politic under the name 
and st}le of the "Shawneetown and Equality Plank Road 
company," and by that name shall have succession for the 
term of thirty years, may sue and be sued, plead and be 
General powere. impleaded, auswer and be answered unto, in any court of 
law or equity, make and use a comn.on seal, alter the same 
at pleasure, may make by-laws, rules and regulations for 
the management of their property, regulation of their affairs, 
and for the transfer of their stock, not inconsistent with the 
constitution and laws of the United States or of this state. 

§ 2. Said company shall have ])ower to construct, main- 
tain and continue a plank road, of such width as tlie\ may- 
deem advisable, from Main street in said town of Shawnee- 
town, in Gallatin county, to the town of Equality, in said 
county. 

§ 3. The capital stock of said company may be thirty 
thousand dollars, which shall be considered personal pro- 
perty, and divided into shares of fifty dollars each. 

§ 4. That Michael K. Lawler. John D. Richeson, John 
T. Jones, Joseph E. Watkins, John B. Baily, Theodore S.. 
Hagan, Thomas S. Ridgeway, James S. Rearden, and Wil- 
liam A. Docker, or a majority of them, shall be commission- 
ers for receiving subscriptions to the stock of said compa- 
ny when and where and after such notice as they or a 
majority of them shall agree: they may require- security for 
the payment of subscription thereto, and partial payments 



©lyeefc . 



^pltal stack. 



doramlsSjjjTiers. 



Ill 1852. 

thereof, from time to time, as tliey may deem necessary be- 
fore t le same siiall be taken. 

§ 5. Tiie affairs ot said company shall be managed by cuoctors. 
five directors, turee of wliom s.iall be a quoriuii, to do and 
periorm tue busuii^ss of said comjuiny, who may be ciiosen 
as soon as die sum of six thousand dollars sliall be subscri- 
bed of the stock of said company. Directors si)a!l continue 
in otHce for one year, and until their successors sliall be 
elected and qtiaiified. They siiall be chosen by the stock- 
holders, eaca ()f whom may vf)te personally or by pro\\', 
Casting as many votes as each miy own shares. Elei'tions of 
directors shall be held at the time ai\d [liace appointed by the 
comii.issioners, after twenty da} s' notice, aiul all subsequent 
electi ns may be held and regulated according to the by- 
laws ot the company, as also tne filling of any vacancy that 
may occur in said board of directors. 

§ 6. Upon tlie election of directors and orgmization ofDeiivery of m«- 
their board, the sai<l commissioners s'lal! deliver to saiil di- '^^' °* 
rectors all moneys recen'ed by them on subscriptions to 
stock and books of subscription, and other property of said 
comjjany. 

§ 7. The said company is authorized, as soon as the T..ii-sate« and 
board of directors is elected, to commence the construction '^""^' 
of said road, and as soon as any two miles thereof shall be 
completed; ma', erect toll-gates thereon, and collect the 
tolls allowed by this act; and said company shall have 
power, and full authority is hereby vested in them, to con- 
struct bridges and culverts in the line of said road across Bridges, 
any streams, sloughs or swamps, and may collect the tolls 
charged by said comjiany on tiie bridge erected by them 
across the north fork of the Saline river, in connection with 
said road, so soon as the same shall be so far completed 
as to ensure safe and convenient travelling over the same. 
Said company shall keep said road, bridges and culverts in 
repair, and sliall have power in tlieir discretion to improve 
the common highways coming into said ])lank road, by 
bridges, causeways, &c., but shall not charge anj tolls for 
travelling or hauling on said common highways. And said 
company may have power to borrow not exceeding fifteen 
thousand dollars to aid in the construction of said plank 
road. 

S 8, The stockholders shall be individually liable for ""'''^'''"^i ^^ 

. . bility* 

the debts of said roinj^any contracted by the directors 
thereof, to the amount of their stock, and no further. The 
county court of Gallatin county may, by an order enter- 
ed of record, grant the right of way, full and comjdete 
to said company on any of the public higiiways or parts of 
highways between the Main street of said town of Siiaw- 
neetown and Equality. 



1852. 112 

Kates oftou. § 9. Tlic Said coiiipany shall have powcr to fix and re- 

gulate the tolls to be charged and paid for passing on said 
road and bridge across the north fork of the Saline river, 
and it shall be lawful for any toll-gatlierer to stop or detain 
any person going on said road or bridge until the toll pro- 
perly chargeable shall be paid; and any person who shall 

Penalty. ^^^ ^^i^ ^'^'^'^ °^ bi'idge, and refuse to pay said tolls, or 

comply with the regulations of said company (properly 
posted) at the gates thereof, shall forfeit and pay for such 
refusal or non-compliance the sum of five dollars, to be 
collected by action of debt before any justice of the 
peace of the proper county. 

commeiicoment ^ jQ. The Said Company shall have eighteen months 
from the passage of this act to commence the construction 
of said road, and shall complete tlie same from the Main 
street in Shawneetown to Equality, as also the bridge 
across the north fork of the Saline river, in five years, and 
upon a failure to do this this charter is forfeited. 

Righto; way. ^ n ^jjg g^j^j compauy is hereby authorized to locate 

and construct said plank road and bridge, and necessary 
toll houses and warehouses, on any land sites or right of 
way owned by this stat e,free of charge, and on the lands 
of any individuals on the route of said road, but shall pay 
all damages that may arise or accrue to any person or per- 
sons by means of taking their lands, timber, stone or gra- 
vel for the use or construction of said road and bridge; and 
when the same cannot be obtained by the consent of own- 
ers upon reasonable terms, it shall be estimated and recov- 
ered in the manner provided by law for the recovery of 
damages happening by the laying out of highways. 

BmbankmentE, § 12. The Said compauy are authorized to construct so 

-'''=• much of said road, commencing at Main street in Shaw- 

neetown, and running towards Equality, as passes over 
lands subject to overflow and inundation, by embanking 
and macadamizing, gravelling or planking the same to such 
a heighth and width as they may deem advisable, so that the 
travel on the same will not be obstructed at any season of 
the year by high water or inundation, when the Main street 
of Shawneetown is not inundated by the freshets of the 
Ohio river; and for this purpose may use earth, timber, 
stone, gravel, and other materials along the line of said 
road in accordance with the provisions of section eleven 
of this act. 

Limitatiou of § 13. The ratcs of toll to be charged by said company 
for travel upon said road shall not exceed the following 
rates : For every vehicle drawn by one animal, two cents 
per mile ; for every vehicle drawn by two animals, three 
cents per mile ; for every vehicle drawn by more than two 
animals, three cents per mile, and one half cent additional 
per mile for every animal more than two j for every ten oP 



toUs. 



113 1852. 

less of neat cattle, one cent per mile; for every ten or less 
of sheep or swine, one cent a mile ; and ior every liorse and 
rider or led horse, one cent a mile. 

§ 14. No toll-gates shall be erected on said road, or Restriction. 
toll exacted nearer the wharf in said town of Shawneetown, 
than one mile and a quarter. 

§ 15. This act to be deemed a public act, and take ef- 
fect from and after its passage. 

Approved June 21, 1852. 



AN ACT to provide for the residence of paupers in Tazewell county. in txce June 2i. 

1852. 

Sectiox^ 1. Be it enacted by the people of the State o/'J'=^"P'^'"s,on whai 

'-' ^ ' •' v towns to bp 

Illiiiijis, represented in the General Assetnhly^ That if any chargeable. 
person shall become chargeable in any township of the coun- 
ty of Tazewell, in which he or she did not reside at the 
commencement of the tiiirty days immediately preceding 
his or her becoming so chargeaole, he or she shall be ta- 
ken care of by the overseers of the poor of such township, 
and if such poor person was a resident of any other town- 
ship of said county, within the thirty days aforesaid, then 
the overseers of the poor of the township having such poor 
person on charge, shall give notice to the overseers of the 
poor where such pauper resided as aforesaid, stating that 
such pauper became chargeable as a pauper, and request- 
ing said overseer to remove said pauper forthwith, and pay 
the expenses incurred in taking care of him or her. 

5 2. Tliat the provisions of section, fourteen, fifteen and '^•'P"''"*''^" **' 

, ^ , ^ . , , , jn'uvisuins of 

sixteen, of chapter eight of the Revised Statutes, entitled ii«vistu st«t- 
" paupers," shall appi} to and operate as between the se- 
veral townships of said county in the same manner as they 
do between the several counties of this state; and if any 
person shall become chargeable in any township of said 
county, who did not reside in said county at the commence- 
ment of the thirty days as aforesaid, then the overseer of 
the poor having such pauper in charge, shall give notice 
thereof to the county clerk of said county, whose duty it 
shall be to give notice thereof to the authorities of the pro- 
per county as in other cases, and the expenses of taking 
care of such pauper, when received from such foreign coun- 
ty, shall be paid into the treasury of the proper township. 

This act to take effect from and after its passage. 

Approved June 21, 1852. 



1852. 



114 



In force Aug. 22, AN ACT to incorporate the Belleville and Illinois Railroad company. 
1852. 



Corporators. 



Style. 



Section 1. Be it enacted hy the people of the State of 
Illinois;^ represented in the General ^ssembiy^ That Samuel 
B. Chandler, Edward Tittinan, Jacob Kncebel, Frederick 
Von Schrader, Asbury Harrison, Russell HinckJey, Ed- 
ward Abend, Charles ('houteau, Robert Christie, jr., James 
H. Lucas, Narcisse Pensoneau, John Winter, Alexander 
Kayser, Philip B. Fouke, James W. Hughes, Samuel Stoo- 
key, James Mitchell, Joseph Kirkpatrick, James L. D. 
Morrison, Frederick Kempff, William H. Snyder, William 
W. Roman, and such other persons as they associate with 
them for that purpose, are hereby made and constituted a 
body corporate and politic by the name and style of the 
*' Belleville and Illinoistown Railroad company," with per- 
petual succession, and by that name and style shall be ca- 
pable in law of taking, holding, purchasing, leasing, selling 
and conveying estate and property, real, personal and mix- 
ed, so far as the same may be necessary for the purposes 
Q«nerai powers, hereinafter mentioned, and no further; and in their corpo- 
rate name may sue and be sued, to have a common seal, 
which they may alter or renew at pleasure, and may have 
and exercise all powers, rights, privileges, and immunities 
which are or may be necessary to carry into effect the pur- 
poses or objects of this act, as the same are herein set I'orth. 
Power to con- ^ 2. Tlic Belleville and Illinoistown Railroad company 
lte"road! °'"^'^' sliall have full power and authority to locate, and from time 
to time, to alter, change, relocate, construct, re- construct, 
and fully to finish, perfect, and maintain a railroad, with 
one or more tracts, commencing at Belleville, in the coun- 
ty ol St. Clair, and running from tin nee, upon a route to be 
by said com])any selected, to Iliihoistown, and to lake, trans- 
port, and carry property and persons upon said r; ilroad, 
by pow r oriorce of steam, or of animals, or of any other 
power or other combination of them, which said company 
may choose to use or applj^ ; and for the purpose ot con- 
structing said railroad or way, said company shall have 
power and authority to lay out, design. ate, and establish 
their said road in width not exceeding one hundred and 
fifty feet through the entire line tliereol, and may take and 
appropriate to their own use all such lands so designated 
for the line and construction of said road, upon first paying 
or tendering therefor such amount of damage as sha.l liave 
been settled by appraisal in the manner liereinafer pro- 
vided, on all such lands so designated for the line and con- 
gtruction of said road, and all sue i lands as may be taken, 
or upon any track which may be located by said company; 
and for the purpose of embankments, cuttings, obtaining of 
stone, gravel, and sand, may take and appropriate as much 
more land as may be necessary for the proper construction. 



aiglit of way. 



115 185J. 

maintenance, and security of said road; and for construct- 
ing shops, depots and other suitable, proper and convenient 
fixtures in connection with, and appurtenances to said rail- 
road, may take and have, use and occupy any lands upon 
either side of said railroad, not exceedincr two liundred feet 
in depth from said railroad, said company taking all such 
lands by gift, purchase or condemnation, and making satis- 
faction for the same as hereinafter provided : Provided, rnvis*. 
that this section shall not be construed to restrict or pre- 
vent the construction of public roads or railroads across 
the road of said company when deemed expedient, but not 
go as to materially impair or obstruc t the same. 

§ 3. The said company, and under their direction their Entry -.ipon pni, 
agents, servants and workmen, are hereby authorized and i^nrtT. '"'''' * 
empowered to enter into and upon the lands and grounds 
of or belonging to the state, to any {)erson or persons, body 
politic or cor[)orate, and survey and take levels of the same, 
or any part thereof, and to set out and ascertain such parts 
as they shall think necessary and proper for the making of 
said railroad with one or more sets of tracts or rails, and 
for all the purposes connected with said railroad, for which 
said corporation, by the last preceding spction, is authorized 
to have, take, and appropriate any lands, and to fell and 
cut down all timber and other trees standing or being within 
one hundred feet on each side of said iinu of said railroad; 
the damages occasioned by the felling of such trees, unless i^amaso.'. 
otherwise settled, to be assessed and paid for in manner 
hereinaf er provided for assessmg and paying damages for 
lands taken for the use of said railroad company ; also 
from time to time to alter, repair, amend, widen or enhirge 
the same, or any of tlie conveniences above named, as well 
for carrying goods, commodities, timber or other thing-; to 
and upon the said railroad, as for conveying all maimer 
of materials necessary for the making, erecting, turnisiiing, 
altering, repairing, amending or enlarging the works of or 
cormected with said road, and to contract and agree with 
the owner or owners tliereof for earth, timber, giavel, 
stone, or other material, or any articles whatever whicii 
may be wanted in the construction and repair of said road 
or any of its appurtenances ; the said company doing as 
little damages as possible in the execution of said powers 
hereby granted, and making satisfaction in the manner 
hereinafter mentioned for all damages to be sustained by 
the owners or occupiers of said land. 

§ 4. The said company shall have power to take, re- omnts. fc.,-. 
ceive, and hold all such voluntary grants and donations of 
land and real estate for the purposes of said road as may 
or sliall be made to said company to aid in the construc- 
tion, maintenance and accommodation of said road, and said 
company may contract and agree with the owners or occu- 



1852. 116 

piers of any land upon which said company may wisli to [ 
construct said road or way, or whicii said company may , 
wish to use or occupy lor the purpose of procuring stone, 
sand, gravel, or eartli, or other materials to be used in em- 
bankments, or otherwise in or about the construction, re- 
])air, or enjoyment of said road, or which said company may 
wish to use or occupy in any manner, or for any purpose 
or purposes connected with said road; which said company 
is authorized or empowered by this act to have or appro- 
priate any lands, and to take and receive grants and con- 
veyances of any and all interests and estate tlierein, and to 
tliem and their successors or assigns in fee or otherwise. And 
in case said company cannot agree with such owner or 
owners or occupiers of such lands as aforesaid, so as to pro- j 
cure the same by the vol mtary act or deed of such own- ' 
ers or occupiers of such lands as aforesaid, so as to pro- 
cure the same by the voluntary act or deed of such owners 
or occupiers, then the price and value of such lands may 
be fixed, estimated and recovered in the manner provided ! 
for takino- lands for the construction of public roads, canals, | 
or other public works, as prescribed by the act relating to 
the public right of way, approved March 3, 1845 ; but ; 
when the owners or occupiers, or either of them of such I 
lands, shall be ^fcmme covert, infant, non cumpus mentis, i 
unknown or out of the county in which the said lands or 
property wanted may lie or be situated, the said company ! 
sliall [)ay the amount that shall be awarded as due to the i 
last mentioned owners respectively, whenever the same | 
shall be lawfully demanJed; that to ascertain the amount ' 
to be paid as above to the said owners or occupiers for 
lands and materials taken for the use of said corporation, 
it shall be the duty of thr; governor of the state, upon notice 
given to him by the said corporation, to appoint tiiree com- 
missioners, to be persons not interested in the matter, to 
be determined by them, to determine the amount of dama- : 
ges which the owners or occupiers of the land or real es- i 
tate so entered upon by the said corporation has or have I 
sustained by the occupation of the same ; and it shall be 
the duty of tlie said commissioners, or a majority of them, 
to deliver to said corporation a written statement of the 
av/ard or awards they shall make, with a description of the 
land or other real estate aj)praised, to be recorded by llie 
said corporation in tiie circuit clerk's office of St. Clair \ 
county, and tlien tlie said corporation shall be deemed to 
be seized and entitled to the fee simple of ail such lands ; 
and real estate, and shall exercise over the same all the rights, 1 
privileges, franchises and immunities in said act contem- I 
?TOT.s»: plated : Provided, that notice by publication in some news- I 

paper in St. Clair county shall be first given, for thirty | 
days, to the owners or occupiers, or unknown owners as th^ 



117 1852. 

case may be, of the in-tention on the part of tlie said corpora- 
tion to apply to the governor {"or tlie appointment of commis- 
sioners as herein provided : t/iud pruvidedj'urlhcr, that any Further tn.Ti«.. 
appeal which may be allowed under the })ro\isions of the 
act above mentioned, or of an}' general law of this state, 
shall not effect the possession by said company of any of 
the lands appraised or taken under this act, and when the 
appeal may be taken, or writ of error prosecuted by any 
person or persons other than the said company, the same 
shall not be allowed except on the stipulation of the })atty 
so appealing or prosecuting such writ of error; that the 
said company may enter upon and use the land drs ribid 
in the petition, or required by the said company lor the 
uses and purposes of the said road, upon said company giv- 
ing bond and security, to be appro\ed by the clerk of the 
circuit court of the county of St. (Malr, that they will ])ay 
to tlie party appealing or prosecuting such wiit of eiror all 
costs and damages that may be awarded against them on 
tlie final hearing of such appeal or writ of eri-or, within thir- 
ty days after the rendition of the same, or forfeit ail right 
to use the land on the way so condemned. 

§ 5. The capital stock of said company shall i)e one capita: Moct. 
hundred thousand dollars, which may be increased from 
time to time, by a vote of a majority in interest of the stock- 
holders at their annual meeting, or at any special meeting 
which may be called for that purpose by the directors of 
said company, to any sum not exceeding the entij'e amount 
expended on account of said road; which stock shall be di- 
vided into shares of fifty dollars each, which shall be deemed 
personal property, and whieh may be issued, certified and 
registered and transferred, in such manner and at such 
places as may be oi'dered and jjrovided by the board of 
directors, who shall have j)Ower to require the payment of 
stock subscribed in the manner, and at the time, and in 
such sums as they may direct; and on the refusal or ne- 
glect on the part of stockholders, or any of them, to make 
payment on requisition of the board of directors, the shares 
of such delinquents may, after thirty days' jniblic notice, be 
sold at auction under such rules as the directors may adopt; 
the surplus money, if any remains after deducting the pay- 
ment due with ihe interest and necessary cost of sale, to be 
paid to the delinquent stockholder. Tlie board of direc- 
tors hei-ein named and ap|)ointed, shall cause books to be 
opened for subscription to the capital stock of said com- 
pany, at such times and places, and in sucli maimer as they 
shall direct: Pruvided, that as soon as fifty thousand (h>!- pmvijo. 
lars of buna tide subscription to said capital s^ock shall he 
made, and five per cent, thereon paid in, it shall be lawful 
for said company to commence the construction of said 
road. 



1862. 118 

lirectors. ^ 6. All the corporate powers of said company shall be 

vested in and exercised by a board of directors, to consist 
of not less than seven, nor more than seventeen in number, 
and such other officers, agents and servants as they shall 
appoint. The first board of i^iirectors shall consist of 
George Bressler, Asbury Harrison, Russell Hinckley, Fred- 
erick Von Schrader, Samuel B. Chandler, Edward Tittman, 
Joseph Kirkpatrick, James Mitchell, Charles Chouteau, 
Alexander Kayser, Jacob Kncebel, Edward Abend, Conrad 
Bornman, Francis Stoltz and James L. D. Morrison, who 
shall hold their offices until their successors are elected and 
qualified. Vacancies in the board may be filled by vote 
of two-thirds of the directors remaining. Such aj)poiiitees 
to continue in office until the next regular annual election 
of directors is held ; and which said annual election of di- 
rectors shall be held on the first Monday in June in each 
year, at the office of the company, thirty days' notice being 
given in a newspaper published at Belleville and St. Louis. 
*''^*- § 7. At any election held for the election of directors, 

each share of stock shall be entitled to one vote, to be 
given either in person or by proxy, and the persons receiv- 
ing the largest number of votes to be declared duly elect- 
ed, and to hold their offices until the next annual election, 
and until their successors in office are elected and qualifi- 
ed. All elections to be conducted by three judges, to be 
selected by the stockholders ])resent. 
mces ot vonipa- § 8. The officc of the said company shall be located in 
the city of Belleville, and the directors herein named ai-e 
required to organize the board by electing one of their 
number president, and by appointing a secretary and trea- 
surer. 
Hquipmeuu «jf § 9- Said compauy shall have power to purchase, with 
the funds of the company, and contract for, and place on 
the railroad liereby authorized to be constructed, all ma- 
chines, wagons, carriages and vehicles of any description 
which they may deem necessary and proper for the ])ur- 
pose of transportation on said railroad, and they shall have 
power to charge for tolls and transportation and rates of 
fare, such sums as shall be lawfully established by the by- 
laws of said company, not to exceed, however, on the ar- 
ticle of bituminous coal, thirty-five cents a ton from Belle- 
ville to Illinoistown. 
i.t>co!ii,.tive aiid § 10. The said company herebv chartered shall be re- 
quired to keep and use a sufficient number of locomotives, 
passenger and freight cars, and the other conveniences 
properly ])ertaining to a railroad, to carry and transport 
all the passengers and freight requiring transportation upon 
the said road, and shall transport the same, and shall have 
the power to make, ordain md establish all such by-laws, 



roai; 



and cars. 



119 1852. 

rules and regulations as may be deemed expedient and ne- 
cessary to fuHil the purposes, and carry into effect the pro- 
visions of this act, and tor tlie well ordering ar.d securing 
thfi aiFairs, business and interest of said company, not incom- 
patible with the constitution and laws of tliis state. 

§ 11. Tiie said board of directors shall have power to i^'"S"ia"''"s- 
regulate the manner of transportation of persons and pro- 
perty, tlie width of tlie track, the construction of wheels, 
the form and size of cars, the weight of loads, and all other 
matters and things respecting the use of said road, and the 
conveyance and transportation of persons and property 
thereon. 

§ 12. Whenever it shall be necessary for tlie construe- i"tfrsections. 
tion of said railroad to intersect or cross a track of any 
oth r rarilro ul, or ai y stream of water or waler couise, or 
road or higliway, lying on the route of said road, it shall be 
lawful for the company to construct their railroad across 
or upon the same : Provided^ that the said comj)any shall Proviso, 
restoie the railroad, stream of water, watercourse, road or 
highw \y thus obstru -ted or crossed to its former state, or 
in a suliicient manner not materially to impair its useful- 
ness. 

§ 13. The said company s'.iall annually or semi-annually Dividends. 
make such dividend is tiiey may deem proper of the net 
profits, receijjts or income of said comjiany, among the 
stockliulders tiiercin, in proper proportion to their respec- 
tive shares. 

§ II. The said company s'lall have power, and are ''^i' ^'^'■''*''- 
hereby authorized, to receive, take, hold and again to alien- 
ate, auy amountof lands, not to exceed twelve hundred aci'es 
at any one time, and to mine and work the coal beds tliere- 
in, and to transport the coal mined therefrom, and to this end 
may contract With any other railroad company for the lease 
or purchase of their tracks, rights, ways, privileges, fran- 
chises, coal fields, engines, machinery, laiuls and other 
propei'ty, paying therefor money, bonds, or stock in the 
said railroad company hereby chartered, and may make, 
have, use and maintain any and all branch roads by the 
said company deemed necessary in transacting their bus- 
iness, condemning all lands and ways therefor as herein is 
abore provided. The said company is also empowered to 
lease or purchase of the county of St. Clair, all the ferry 
right an J franchise which said county now has for a ferry 
across the Mississi|)pi river op))osite St. Louis, ; r such an 
interest therein as the said county may, by an order of the 
county court entered upon their records, agree to sell or 
lease to the said company, and to be paid for by said com- 
pany in money, bonds or stock of said company, as the 
same may be agreed upon ; and the said county court are 



1852. 



120 



Penalty. 



hereby authorized so to sell or lease the said ferry for any 
period they may agree upon witli said company. 
i;ity of Beiieviiii § 15. Tlic Said compaiiy may acce])t subscriptions to 
tcriu^! ^" 'the stock of said load, irom the city of Belleville and the 
county of St. Clair, or either of them, to an amount not 
to exceed twenty- five thousand dollars each ; and for the 
purpose of raising the amount so to be by them subscribed, 
tlie said city of Belleville, by her corporate authorities, and 
the said county of St. Clair, are hereby authorized and 
empowered to borrow any sum not exceeding twenty- five 
thousand dollars each, payable at such times and places 
and in such sums and with such rate of interest as may be 
agreed upon, and may issue their city and county bonds 
therefor, under their respective seals. 

§ 16. If any person shall do, or cause to be done, or 
aid in doing or causing to be done, ruy act or acts what- 
ever, whereby any building or construction or work of said 
company, or any machine or strui ture, or any matter or 
tiling aj)p('rtain!ng to the same, shall be stopped, obstruc- 
ted, impaired or weakened, injured or destro3'ed, the per- 
son or persons so offending shall be guilty of a misde- 
meanor, and may be punished, upon conviction, by fine in 
any sum not exceeding five hundred dollars, or by impris- 
onment not exceeding five years, or by both, at the discre- 
tion of the court, and shall forfeit and pay to the said 
corporation treble the amount of damages sustained by 
reason of such offence or injury, to be recovered in tl;e 
name of said company, with costs of suit, in an action of 
trespass, before any justice of this state, or before any 
court having jurisdiction thereof. 

§ 17. Said company shall have the power to extend to 
and unite its railroad with any otiier railroad now con- 
structed, or which may hereafter be constructed iU this 
state ; and for that purpose lull power is hereby given to 
said comj)any to make and execute such contracts with any 
other company as will secure the objects of such connec- 
tion. 

§ 18. Said company is hereby authorized, from time to 
time, to borrow such sum or sums of money as may be 
necessary for completing and finishing or operating their 
said railroad, and to issue and dispose of their bonds in de- 
nominations of not less than five hundred dollars, for any 
amount so borrow(;d, and to mortgage their corporate pro- 
perty and franchises, or convey the same by deed of trust, 
to secure the payment of any debt contracted by said com- 
pany for the purposes aforesaid ; and the directors of said 
company may confer on any bondholder of any bond issued 
for money borrowed as aforesaid, the right to convert the 
principal due or owing thereon into stock of said company, 
at any time not exceeding ten years from the date of the 



Rsteiision of 
road. 



Power to borrow 
Bifjney. 



121 1852. 

bond, under such regulations as the directors of said com- 
pany may see fit to adopt ; and all sales of bonds for less 
than tlicir par value shall be good and valid and as bind- 
ing upon said corporation as if the same were sold for the 
full amount thereof. 

§ 19. The said company hereby chartered shall be re- i-imitation. 
quired to constriu-t and operate their said road according 
to the terms of this charter, within five years from the pas- 
sage of this act, which sliall be taken and received as a 
public law, in all courts and places whatsoever. 

Approvkd June 21, 1852. 



AN ACT extending the jurisdiction of justices of the peace. In force .Tnne22, 



1862. 



Skctfon 1. Be it enacted by the people of the State of 
Illmuis, represented in the General Assembly, That all 
fines, penalties, and forfeitures incurred under section third ^'^'^^ of recover- 
of the act of the general assembly of this state, approved penalties. 
February seventeenth, eighteen hundred and fifty-one, en- 
titled " an act to amend an act entitled 'an act to j)rovide 
for the construction of plank roads b}' a general law,' " 
may be sued for, prosecuted and recovered before an\ jus- 
tice of the peace of the county where said fine, penalty or 
forfeiture is incurred, or before any justice of the peace of 
the county where the offender may be found. 

§ 2. 'i'his act to take effect and be in force from and 
after its passage. 

Approved June 22, 1852. 



AN ACT to amend an act approved February 12th, 1851, authorizing Joseph in force June 22, 
McCoy and others to peddle goods in the state of Illinois." ^^^^' 

Section 1. Be it enacted by the people of the State of 
fllinuis, represented in the General Assembly, That the "^^^^^^ ^"^^*'*''' 
name of Roderick R. Lorton be inserted in the place of 
William Lorton wherever it appears in said act, and the 
privileges therein extended to said William Lorton are 
iiereby taken from him and vested in the said Roderick R. 
Lorton, the real person intended. 

§ 2. All the privileges granted by the act to which this Privileges exten- 

1 . II J j . T-i 1 11^- deij to other per- 

is an amendment are hereby granted to Ldward Kiernan, sons. 

of Ottawa, in La Salle county ; to Jacob Whitmore of 



1852. 



122 



Joliet, in Will county, and to William H. Hartley, of Mor- 
gan couiiiy. 

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

Approved June 22, 1852. 



luforce June 22, AN ACT amendatory of of an act entitled "an act to incorporate the Ohio 
1852. and Mississippi Raihoad company, and for other purposes," approved 

February 12th, 1851. 

Section 1. Be it enacted hy the people of the State of 
Power to borrow-^ Z/^"'''^'^? represented in the General ^'Sssemblij^ That the 
money, Ohio and Mississippi Railroad comjiany are hereby author- 

ized to borrow money, from time to time, on the credit of 
the company, at any rate of interest not exceeding seven 
per cent, per annum, as may be agreed on between the 
parties, for the sole purpose of constructing said road and 
furnishing tlie same with cars, locomotives and other ma- 
ciiinery necessary to carry on the operations of said com- 
pany, and may issue its corporate bonds therefor, in de- 
nominations of not less than five hundred dollars ; and to 
secure the payment tliereof, with the interest that may 
accrue thereon, may mortgage their corporate property or 
franchises, or convey the same by deed of trust for said 
purposes. And tisey may, by their president or other offi- 
Bonds. cers or agents, sell, di-'pose of, or negotiate such bonds or 

stocks of said company, at such times and places, either 
within or without the state, and at such rates and for such 
prices as in their opinion will best advance the interest of 
said com|)any, and if such bonds or stocks are thus sold at 
a discount, such sale shall be as valid and binding in every 
respect as if sold at par value. 
Bvidence of or- h 2. The Certificate of the secretary of said companv, 

ganization and i ,1 , i ,, /. 1 11 1 ■ 1 i ,? 

..fiiciai acts. under the corporate seal thereoi, shall be received in all 
courts of justice and elsewhere, as evidence of the regular 
organization of said company under its charter, and of any 
act or order of the board of directors of said company, 
and the corporate rights, privileges and franchises of said 
company as granted are hereby declared to bo in full force 
and effect, and all causes, if any exist, of forfeiture 
waived. 

Mails and freight ^ ^- '^'^^ ^^^^ Company shall carry and transport the 
mail of the United States on such terms as may be agreed, 
and all such freights and passengers as may be offered, if 
required so to do, on the terms usual with like railroad 
companies. 

Increase of stock. § 4. The Capital stock of the company may, from time 
to time, be increased by order of its board of directors. 



123 1852. 

when (leomed necessary, to any amount mt exceeding the 
estimated cost of constructing and equipping said road, and 
subscriptions to the increased capital stock may be made, 
from lime to time, on such terms as may be ordered and 
direciod by the board of directors of said company. 

§ 5. This act shall be deemed and taken as a public 
act, and sliall be in force from and after its passage. 

Approved June 22, 1852. 



AN ACT ^0 chang:e the times of holding court in the tenth judicial circuit. In force Jime 22, 

Section 1. Be it enacted hy the people of the State of 
llliiioii^ represented in the General fMssemblij^ That from 
and after the passage of tiiis act tlie November term of 
the FiiUon county circuit court shall be holden on the sec- ^"'*^°°- 
ond JMijnday in November, in each year, and tiiat the 
Novein!)er term of the circuit court ('f Peoria county shallPeoria. 
be holden on the third Monday in November, in each year ; 
that all writs and process which may have been or may be ^^"'^^' *"^' 
issued and made returnable to the terms of court in said 
counties, as heretofore required to be holden, shall be 
deemed and taken to be returnable to said terms of court 
as reqiured to be holden under this act ; and all notices 
which jnay have been given, either by publication or oth- 
erwise, and all suits or motions now pending, with refer- 
ence to the terms as heretofore required to be holden, shall, 
by for ■■^ of this act, refer to the terms of court as lierein 
required to be held, and all proceedings pending in said 
courts shall be taken up and disposed of as if no altera- 
tion h 1 I ')een made in the times of holding said court. 

ApritovED June 22, 1852. 



AN ACT to amend the law relating to contempts of court. I" '*"'T(w>"^* ^^' 



1862. 



Section 1. Be it enacted hy the people of the State of 
Illinj/>\ represented in the General Jtsseynhhi. That in all Proceedings to 

, ' . 1111- • ^ c discharge per- 

cases wliere any person is or sliail be inipnsonea lor any sons committea 
conlemi)t of court, for the non-performance of any order °^ ^'^^ '^^'^ ^' 
or decree for the payment of money, the person so com- 
mitted may present a petition to the circuit court in the 
circuit where he is or committed in term time, or the Judgre 
thereof in vacation, setting forth his inability to comply 



1852. 124 

with such order or decree, or to endure the C( rf nement, 
and thereupon said court or judge sliall issue a writ of 
habeas corjnts, causing the person so imprisoned to be 
brought before such court or judge, and if it apj.tar, upon 
full examination of sucli prisoner and such witnesses and 
other evidence as may be adduced, that he is unable io 
compl}' with the order or decree under which he is impris- 
oned, or to endure the confinement, and tiiat the peisou or 
persons interested in said decree have had reasciiiible no- 
tice of the time and place of trial, that the judte J'^SY, in 
his discretion, discharge such person from imjn sMiment ; 
but no such discharge shall opeiate to release tl -- lien of 
such order or decree, but the same shall be enforced 
against the property of such person by execution. 
Approved June 22, 1852. 



In force June 22, AN ACT to to amend an act incorporatino: 1he Faj'ette Stra'na) y, approved 
1852. February fifieenth, one thousand eight hundred and fif',}-o;.e. 

Section 1. Be it enacted by the people cf the rtate of 

llluiuis, represented in the Gtnerat J3ssir)il,/ij, 1 .• at the 

board of tiu«tees of said seminary- be and they um hereby 

authorized to draw from the county treasury of the county 

$200 to be paid of Fayette the sum of two hundred dollars, realized from 

from couuty , , , « i , , . \ ^ ■ i> 

treasury. tUB saJe 01 lot number seven, m square number thnly-tive, 

in the town of Yandalia, and that the sum when so drawn 
shall be expended by said board for the use au(i "utuefit of 
said seminaiy, in such way as said board shall d » -ct. 
Part of act re- § 2. That SO much of an act entitled "an act to ois- 
^"^^ ■ pose of the public property in Vandalia," a]i])roved Febru- 

ary sixth, one thousand eight hundred and forty-three, as 
contravenes the provisions of this act, be and the same is 
hereby repealed. 

This act to take efi'ect and be in force from, aiid after 
its passage. 

Approved June 22, 1852. 



In force June 22, AN ACT to amend an act entitled "an act to provide for the c-ns+rrction of 
^^^2" plank roads by a general law," approved Februajy 12tli. IM\). 

Section 1. Be it enacted by the people of i.ie State of 
Illinois, represented in the Gem rat ^ssmibty, TUnt com- 
panies may be incorporated under and by virtue oi the act 



125 1852. 

to whi' ii this is an amendment, for the construction of 
))lank ; /;ids across river or creek bottoms liable to over- Pianu roads over 
fljw, atul when formed they shall be allowed to take toll on " °'"''''-'' 
tie same when completed, as required by the said act, al- 
though the distance may be less than two consecutive 
miles: Provided^ that the provisions of said act shall be proviso, 
otherwise strictly observed in forming the companies and 
buildiiw.r said roads. 

§ 2. It shall be lawful for said company to charge and Ton?. 
take siu'ii rates of toll on roads across river or creek bot- 
toms b.iilt by them, as they may agree Uj)on with the county 
court ol" the county in which such roads may lie, and the 
said coiuts shall have power to regulate the rates of tolls 
to be taken by such companies, by an order fixing the same, 
and entered of record. 

§ 3 It shall be lawful for counties to become stock- comttcs may 
holders in companies formed under this amendatory act, to 
the amount of one half of the stock of such companies : 
Provided, that the plank road made or to be made by any Proviso, 
such (:ainj)atiy, shall lie within the county taking stock. 

§ 4 Tiiis act to be in force from and after its passage. 

Approved June 22, 1852. 



AX ACT lo incorporate the Lacon, Wyoming and Toulon Plank Road com- 



pany. 



In force Aug. 2Sj. 
1852. 



Section 1. Be it enacted by the people of the State of 
l/linoix, reprefiented inthe General .ji^iscmblij, That William 
Fisher, Siias Ramsey, Ira J. Fenii, Theodore Perry, Gen. Corporators. 
Tliomas, Thomas Henderson, Oliver Whitaker, William 
Ogle, and their associates and successors, be and they are 
hereby constituted a body corporate and })olitic, to have 
perpetual succession and existence, to be known as "The 
Lacon, Wyoming and Toulon Plank Road company," and^^'^- 
b}" that name and style may contract and be contracted 
with, sue and be sued, plead and be impleaded, as a natu- 
ral ])ersoii, and shall be so recognized in courts of law and c^^nerai powen. 
equity, and have a common seal, alter the same at })leasure, 
and they shall have power in their corporate name, for the 
use of said corporation, to purcliase and hold such real 
estate as may be necessary for the free enjoyment of all 
privileges herein granted, for the purpose of constructing 
a plank road from tlie west bank of the Illinois river, at the 
town oi" fjacon, in Marshal! county, to and through Wyo- 
ming, ia Stark county, thence to Toulon, in said county, and 
thence westward to such point as may be designated by 
said company. 



1852. 



126 



By-laws, &c. 



Capital stock. 



Commissionei's. 



Directors. 



Dow chosen. 



Delivery book? 
moneys, &c. 



Toll-gates and 
tolls. 



Power to borrow 
money. 



'fimo for comple- 
liou of road. 



§ 2. Said corporation may, by their board of directors, 
make by-laws, rules and regulations for the manat;nnent of 
their property, regulation of their affairs and for the trans- 
fer of their slock, not inconsistent with the constitution 
and laws of the United States or of this state ; also may 
erect, keep and maintain one or more warehouses, on or 
near the west bank of the Illinois river, at or near tJie 
eastern teiminus of said road. 

§ 3. Tlie capital stock of said company may he fifty 
thousand dollars, which shall be considered personal pro- 
perty, and be divided into shares of twenty-five dollars 
each. 

§ 4. That Theodore Perry, Thomas Henderson. Wil- 
liam Thomas, Ira J. Fenn and Silas Ramsey, or a majority 
of them, shall be commissioners for receiving subscriptions 
to the stock of said com})any, when and where and after 
such notice as they or a majority of them shall agree, and 
they may requi e partial payments thereof, from time to 
time, before the subscriptions shall all be taken. 

§ 5. The affairs of said company shall be managed by 
five directors, three of whom shall be a quorum to do and 
perform the business of said comjiany, who shall he chosen 
as soon as the sum of fifteen thousand dollars shall he sub- 
scribed of the stock of said company. Directors shall 
continue in office one year and until their successors shall 
be qualified ; they shall be chosen by the s'ockhrlders, 
each of whom may vote personally or by proxy, casting as 
many votes as each may own sliares of stock. The first 
election of directors shall be held at the time and place 
appointed by the commissioners, and all subsequent elec- 
tions may be held and regulated according to the by-laws 
of the company. 

§ 6. Upon the election of directors and organization 
of their board, the said i onmiissioners shall deliver to said 
directors, all moneys received by them on subscriptions of 
stock, and books of subscription and other i)ro])erty of 
said company. 

§ 7. The said coiporation is authorized, as soon as the 
board of directors are elected, to commence the construc- 
tion of said road, and as soon as any two miles thereof 
shall be completed, may erect toll-gates thereon, and col- 
lect the tolls thereon at any rate not exceeding three cents 
per mile for any vehicle drawn by two horses, and other 
teams in proportion. The said company may have power 
to borrow not exceeding twenty- five thousand dollars, in 
such mode as they may elect, to aid in constructing the 
said road. 

§ 8. The said corporation shall be allowed three years 
from the passage of this act to complete the construction 
of said road from Lacon to Wyoming, and five years to 



127 1852. 

complete the same to Toulon, and upon failure to do this, 
this charter is forfeited. 

§ 9. Slid company may procure, by purchase or gift Right of way. 
from the owners thereof, any lands, or the right of way over 
any lands necessary for the construction of said road, and 
the other purposes of this corporation as herein specified, 
and may also agree to the use of any part of a public high- 
way for tlie construction of said road witii the county court 
of the county in which sucii highway may be situated. Such 
agreement witii said court shall be in writing, and shall be 
filed and recorded in the office of the clerk of the said 
court. Before constructing said road, said company shall 
cause an accurate survey of said road, or such portion of 
the same there proposed to be built, to be made by a prac- 
tical surveyor, signed by at least two of the directors, ac- 
knowledged by them, and filed in the office of the clerk of 
the county court. ^, 

6 10. The route surveyed as aforesaid shall be the^<«i'«- 
route of said road unless altered by the directors, and in 
that case such alterations shall be signed, acknowledged, 
and filed as aforesaid, and the said company may thereuj)on 
enter upon, and take, and hold, subject to the provisions of 
this act, all such lands as the said survey or alterations 
thereto shall describe, as necessary for the construction of 
said road, and that may be necessary to carry out the 
provisions of this act. But before entering upon any such 
lands, the company shall purchase the same of the owners 
thereof, or, pursuant to the provisions of this act, acquire 
the rigiit to enter upon and hold the same. 

§ 11. If any owner of any such land shall from any 
cause be inca|)able of selling the same, or if said company Proceedings i» 

, '..I 1 Til 1 J.1 i- Obtain right ol 

cannot agree with such owner tor the purchase thereof, or way. 
if, after diligent enquiry, the name and residence of any 
such owner cannot be ascertained, or if such owner be a 
non-resident of this state, the company may present to the 
county judge of the county in which the lands lie a petition, 
setting forth the grounds of the application, a description of 
the lauds in question, and the name and residence of such 
owner if known, and the means that have been taken to as- 
cei'tain the name and residence of such owner if unknown, 
and praying that the damages of the ow^ier of the lands de- 
scribed in the petition may be ascertamed by said court. 

§ 12. Upon receiving such petition, the said judge shall 
appoint a time, at some regular or special term of the coun- Hearing of pet*- 
ty court for the county, for the hearing of the petition. At 
least ten days' notice of the time and place of the hearing 
of the petitio:i shall be served personally upon each owner 
of the lands described in the petition, if he reside in the 
county where said land is situated, and said noiice shall 



1852. 128 

be served on all others in like manner, or by publication 
thereof, for four successive weeks, in soirje newspaper pub- 
iislied in the county in whicli the lands lie, or if there are 
none published in said county, tlien in the nearest newspa- 
per; the first of which publications shall be at least sixty 
days before the hearing. 

Judgment. § 13. At the time appointed for the hearing, the county 

court shall, after hearitig the evidence offered by the parties, 
assess and determine the damages which the owner of any 
such lands will sustain over and above the value the own- 
er will derive from the building of said road, ^i'he assess- 
ment of the court, which shall contain the name of tlie owner 
and an accurate description of tlie lands to be taken, shall 
be entered of record by the clerk of said court, and such 
assessment shall be final, subject only to the right of ap- 
peal by either party to the circuit court, on the same terms 
as is by law pjovided for appeals from the county court in 
other cases. 

Payment of dam- § 14. Within thirty days after the assessment of dama- 
'^^^' ges by the county court as aforesaid, or after the final trial 

in the appellate court, if an appeal be taken, or at least be- 
fore the said company shall take possession of said land, 
the said company shall pay to the person entitled to receive 
the same, tlie amount assessed as such damages, or shall 
make a legal tender thereof to him, and in case the owner 
or person entitled to the same is a non-resident, or not a 
resident of the county wherein said assessment is made, or 
unknown, and proof being made of such fact by affidavit, 
the county judge shall order the amount due such owner 
to be deposited with the county treasurer of the county in 
which the lands lie, for the use of the owner, thereupon the 
said company may take possession of said lands, and hold 
the same in the same manner as those acquired by purchase 
or gift, for the purposes of said road. 

Penalties. § 15. If any person or persons shall wilfully cut down 

or break, deface, or injure any mile j)ost or posts on any 
such road, or shall wilfully cut or throw down, break or in- 
jure any gate, fence or appendage erected on said road, or 
wilfully tear up, displace, break or injure in any [way] said 
road, or anything thereunto belonging, or bt ing an appen- 
dage or for the use and convenience of such road, he or 
they shall respectively and individually forfeit and pay to 
said company tliree times the amount of the damage actu- 
ally done, and in every instance he or she shall forfeit and 
pay at least the sum of twenty-five dollars. If any person, 
to avoid the legal tolls chargeable on said road, turn oflf 
said road and pass around and avoid any gate on said road, 
he or she shall forfeit and pay to said company, for every 

Penalty for avo'd- otlence, the sum of ten dollars. If any person shall forcibly 
pass any toll-gate on said road^without having paid the le- 



ing payment of 
tolls 



129 1852. 

gal (dU as fixed by tlie directors, without the permission of 
the 1 til collector, he or she sliall forfeit and pay to said 
comniiiy the sum of twenty-five dollars for each offence. 

§ i6. All penalties and forfeitures incurred under this Penatis, how- 
act iniiy be recovered by action of debt iu any court hav- '''^'^'^ ''■■'■''• 
ing cognizance tliereof, and when the penalty or forfei- 
ture' does not exceed the sum of one hundred dollars, the 
same may be prosecuted and recovered before any justice 
of tht' peace of tlie county where the offender or offenders 
may be found. All suits by and against said company shall 
be 'ir luglit and prosecuted to judgment in and by their said 
coijiorate name. 

§ 17. Tiie shares in this company may be transferred simrestrausicra- 
by assignment, and any subscriber to the capital stock of 
said company shall not be responsible beyond the actual 
am-y'int of stock so by him subscribed. 

iS 18. This act of incorporation is hereby declared a 
pul.'iJc act. 

Approved June 22, 1852. 



AN ACT to authorize tlie construction and use of the railroad of the Union in force June 22- 
Railroad company. 1S62. 

Skction 1. Be it enacted by the people of the State o/ Authority to 
lllinjis, represented in the General Assembly, That the '"'"^'= ^"'"^• 
Union Railroad company be and is hereby authorized to 
maintain and use or construct and build a railroad, at and 
from the point on the Indiana line, in Cook county, where 
the New Albany and Salem Railroad terminates ; thence 
in a westerly and north-westerly direction, until it inter- 
sects a railroad now built southerly from Cliicago, and with 
which it is now connecting at the ])oint now known as the 
junction; and the road above mentioned is hereby declared 
to be of sufficient public utility to justify the taking of pri- pi"'^'^'<= property, 
vatc property for the construction of and maintaining the Acts legalized, 
same, and the acts done by said company are hereby lega- 
lized, and the said Union Railroad com])any is authorized 
to make such contracts and agreements for the transpor- 
tati:>n of passengers and freight, and for tlie construction, 
maiiitenance or use of its said railroad with any road of 
which it may be an extension, as to the board of directors 
may seem proper. 

§ 2. The said company shall have power, and is hereby Power to extend, 
authorized, to extend its said road to the city of Chicago 
whenever it shall be deemed expedient so to extend it, and 
9 



1852. 



130 



for that purpose enjoy and use all the powers conferred by 
tiie preceding section. 
powar to aaiuirc § 3. The Said Company shall be, and is hereby author- 
proparty. j^^j .^^^^ empowered, to acquire within or in the vicinity of 

the city of Ciiicago, and to hold, use and occupy such lands 
as it may acquire by purcliase, for the purpose of construct- 
ing such depots, machinn siiops, and other proper fixtures 
and buildings as may be requisite or necessary for the ac- 
commodation and transaction of the business which may 
pass over the road of the said company, and for this pur- 
pose, and for the ])urpose of extending the said road to said 
incrcaaeof stock, city of Chicago, the stock of said company may be in- 
creased to such an extent as may be necessary to cover 
the costs thereof. 

Approved June 22, 1852. 



In force June 22, AN ACT to amend the charter of the Illinois Central Railroad company. 
1862. 



Lateral branch. 



Evidence of or- 
ganization of 
company . 



Defects cured. 



Section 1. Be it enacted hy the people of the State of 
Illinoi-, rej)resented in the General Assembly, That the 
Illinois Central Railroad company be and is hereby em- 
powered and authorized to locate, construct and operate a 
lateral branch or track from its eastern branch, as now lo- 
cated at or near Twelfth street in the city of Chicago, to 
the south branch of the Chicago river, on such terms and 
conditions and in such manner as may be stipulated be- 
tween the common council of said city of Chicago and the 
said company. 

§ 2. That it shall be lawful for said company, in any 
case or suit at law or equity, or upon any issue between 
the said company and any individuals or parties, to read the 
certificate made and signed by the corporators of said 
company, under the fifteenth section of the act incorpora- 
ting the same, as evidence of the facts therein stated, and 
the said certificate shall have the same force and effect as 
if the same had been duly acknowledged and executed in 
strict accordance with tiie provisions of said section, and 
the rights of said company shall not be prejudiced or affec- 
ted by reason of any defect or informality in said certifi- 
cate ; and the said company shall commence the work upon 
the main trunk of said road between Cairo and the junc- 
tion of the Chicago branch therewith, and shall prosecute 
the same with the like good faith, as upon other parts of 
the line of said road : Provided, notliing herein con- 
tained shall authorize the company to construct the said 



131 1852. 

r oad in any manner contrary to the provisions of the orig- 
inal charter of the company. 

This act to take effect from and after its passage. 

Approved June 22, 1852. 



AN ACT to reduce the "act to incorporate the town of Hennepin," in force in force June22, 
March 2, 1839, and Ihe several acts amendatory thereof, into one act, and 185-2. 

to amend the same. 

Section 1. Be it enacted by the people oj the State ufivwu nmits. 
Illinois, rejjresented in the General Jissenihly^ That the 
district of country in tlie county of Putnam, and state of 
Illinois, known and described as follows, to wit, the south half 
of fractional section No. nine (9,) and the west half ol tlie 
southwest quarter of section ten, in township thirty-two 
north, and range two west, is hereby erected into an incor- 
porated town, by the name of Hennepin. The inhabitants 
of said town shall be a corporation, by the name of " The 
president and trustees of the town to Hennepin," and by style. 
that name sue and be sued, complain and defend, in any 
court, make and use a common seal, and alter it at plea- "^"'''='' i^^'<^fs- 
sure, and take, hold and purchase, lease and convey such 
real and personal or mixed estates as the purposes of the 
corporation may require within or witiiout the limits afore- 
said. 

§ 2. The municipal government of said corporation ^^'fl«'-s- 
shall consist of a president and six trustees, to be elected as 
hereinafter directed. The other officers of the corporation 
shall be as follows : a clerk, a treasurer, a constable, an 
assessor, a street commissioner, a sexton, a board of health, 
and such other officers and agents as the council may from 
time to time direct and appoint. 

§ 3. The president and trustees of the town shall be *'^;f ''" '^ ''">■ 
elected annually, on the first Saturday in May, by the qual- 
ified voters of the corporation, and shall hold their offices 
for one year, and until their successors are elected and qual- 
ified. 

§ 4. All the balance of the officers (except the presi- Aprointmcntg. 
dent and trustees) shall be appointed by the president and 
trustees, at their first meeting after the annual election in 
May, and shall hold their offices for the space of one year, 
and until their successors are appointed and qualified. 

§ 5. The board of trustees shall judge of qualifications, Quaiific:'tious. 
elections and returns of their own members, and shall de- 
termine all contested elections. 



1852. 



132 



Quorum. 



Oath. 



QualificationF. 



'Appropriation. 

Disease. 
Quarantine. 

Il0;;::tal6. 



Health. 
"Nuisances. 



1 ?hts. 
^ia■.•liets. 



Tjwn buildings 
Public grounds. 



Wharves. 
Licenses. 

Tippling houses 



(S 6. A majority of the board sliall constitute a quorum 
to do business, but a smaller may adjourn from day to day, 
and compel tiie attendence oi absent members, under such 
penalties as may be prescribed by ordinance. 

^ 7. All vacancies which may occur in any of the offi- 
ces of the corporation may be filled in such manner as may 
be prescribed by ordinance. 

^ 8. Tile otiicers of the corporation shall, before enter- 
ing upon the discharge of their duties, take an oath, well 
and truly to discharge the duties of their respective office. 
The treasurer, constable, street commissioner, and such 
other officers as the council shall by ordinance direct, shall 
execute a bond, with security to tlie president and trus- 
tees, in such sum or sums as the council may direct, for 
the faithful discharge of their duties. 

?> 9. No qualification shall hereafter be required of any 
officer, except that he be a qualified elector of the state of 
Illinois, and the trustees shall have resided within the cor- 
poration at least one year previous to his election. 

§ 10. Tlie council shall have power and authority, by 
an ordinance, to lev)^ and collect taxes upon all property, 
real and personal, within the limits of tlie corporation, not 
exceeding an half of one per centum per annum upon the 
assessed value thereof, and may enforce the payment of the 
same in any manner to be prescribed by ordinance, not re- 
pugnant to the constitution of the United States or of this 
state; to appropriate money and provide for the payment of 
the debts and expenses of the corporation; to make regu- 
lations; to prevent the introduction of contagious diseases 
into the town; to make quarantine laws lor that purpose, 
and enforce the same within three miles of tlie town; to es- 
tablish hospitals, and make regulations for the government 
of the same; to make regulations to secure the general 
health of the inhabitants; to declare what sliall be nuisan- 
ces, and to prevent and remove the same; to open, alter, 
abolish, widen, extend, establish, grade, pave, or other- 
wise improve and keep in repair, streets, avenues, lanes and 
alleys; to provide for lighting the streets and erecting lamp 
posts ; to erect market houses; to establish markets and 
market places, and provide for tlie government and re- 
gulation thereof; to provide for the erection of all needful 
, buildings for the use of the town; to provide for enclosing, 
improving, and regulating all public grounds belonging to 
the town; to erect, repair and regulate public wharves and 
docks ; to regulate the erection and repair of private 
wharves, and the rates of wharfage thereat; to license, tax, 
and regulate auctioneers, merchants, retailer.'?, grocers, 
taverns, ordinances, hawkers, pedlers, brokers, theatricals 
and other exhibitions, shows and amusements; to tax, re- 
strain, prohibit and suppress tippling houses, dram shops,, 



133 1852. 

gaming houses, and other disorderly Iiouses; to provide for 
the extinguishment and prevention of fires, and to organ- I'ires. 
ize and establish fire companies; to regulate the storage of 
gunpowder, tar, pitch, rosin, and other combustible mate- ^'t^^J", &c. 
rials; to provide for the regulation of the inspection of lum- 
ber, groceries and provisions; to regulate the election and l^^':^.-, &c. 
appointment of corporation officers, and provide for remov- officers, 
ing from oliice any person holding an office under the cor- 
poration, and for filling said vacancies; to erect and ket'p 
in repair school houses, and to regulate and maintain com- scuoois. 
mon schools within the corporation, and for this purpose, 
until otherwise provided by an ordinance, the said town 
is hereby erected ii.to a school district, and as such shall 
be entitled to tlieir sliare of the public money as provided 
by law, and the board of trustees are hereby declai-ed to 
be the directors or trustees of said school district, for scliool 
purposes ; additions may be made to the limits of the cor- A.uii'.i.n;. 
poration; to fix the compensation of the corporation officers, 
and to regulate the fees of jurors, witnesses and others, for 
S'r-rvices rendered under this act, or any ordinance; to ^"''''^^• 
regulate the police of tlie town ; to impose fines and for- 
feitures and penalties for the breach of any ordinance, and 
to provide for the recovery and appropriation of such fines 
and forfeitures, and the enforcement of such penalties. The 
council shall liave power to make all ordinances which s!ia!i 
be necessary and proper for carrying into execution the 
powers specified in tiiis act. The council, whenever in 
their judgment the public good may require, may order any 
side walk in said corporation, or parts tuereot", to be graded *''^° ^™'''^-°* 
and planked or flagged vvith stone or brick; two-thirds of 
the expense thereof sliall be assessed upon the lots front- 
ing said side walk, in such manner as the council may di- 
rect. Said tax to be collected as any other tax, and until 
the council shall otherwise direct by ordinance, there shall 
be assessed and collected annually upon the taxable ])ro- 
perty in said town, in addition to the taxes named hereto- 
fore, one-fourth of one per cent, upon the assessed value 
thereof, to be called " the side walk tax," which shall be s-'^e^'a-'-^t'*-^- 
expended and applied to the gradiiif and paving the side 
walks of said town. 

§ II. The style of the ordinances of the cor])oration stvu u; oi-d.mm- 
shall be, " Be it ordained by the president and trustees of "^ 
the town of Hennepin." 

§ 12. All ordinances passed by the council s!;a!l, w hin pabikaiion. 
one month after they may have been passed, be published 
in some newspaper published in said town, or j)Osted up in 
three public places in said town, for the space of three 
weeks, and shall not be in force until they shall have bpeii 
so published or posted. 



1852. 



conveyances. 



Road to buryin 
ground 



Proseculions. 



134 



Exemption Srom 
road labor, 



First annual f lec- 
tion. 



^ 13. All deeds of conveyance by the council, of any 
real estate, shall be signed alone by the president, counter- 
signed by the clerk, and attested by the seal of said corpo- 
ration, and need not be acknowledged. 

; § 14. The council shall have the exclusive control over 
tlie road leading to the Hennepin burying ground, and shall 
keep the same in repair, and may alter or change the same 
whenever the public good in their judgment may require, 
being responsible for damages as in cases of public roads. 

§ 15. All prosecutions for violations of any of the or- 
dinances of said corporation shall be prosecuted before any 
justice of the peace in said corporation, and it is made the 
duty of the coi poration constable to execute all processes 
issued by any such justice, for the violation of any such or- 
dinances, and said constable may execute the same, any- 
where within the county of Putnam, and shall be entitled to 
the same fees for travelling as are allowed constables in 
similar cases. And it is made the sptcial duty of the con- 
stable to report to some justice of the j)eace, within the cor- 
poration, all violations of any of the ordinances of the cor- 
poration which may come to his knowledge. 

6 16. The assessor shall assess the property, both real 
and persona!, within said corporation limits, between the 
first of May and July, in each and every year, and shall 
make return to the board of trustees, on or before the first 
Monday in July, or at such other time as the board may di- 
rect; at which time the council shall proceed to assess or 
levy the taxes fur said corporation for the current year, 
and cans.' a list thereof to be delivered to the constable, 
(who is liercby made ex officio collector of said town) for 
collection : Fravided always, the council may at their op- 
tion hand said list over to the sheriff for collection, who 
shall collect the same as now provided by law. 

§ 17. The inhabitants of said town are hereby ex- 
empted from working on any road beyond the limits of said 
corporation, and from paying any tax to procure laborers 
to work upon the same. The council shall have power, for 
the purpose of keeping the lanes, alleys and streets in re- 
pair, to require every male inhabitant in said town, over 
twenty-one years of age, to labor on said lanes, alleys or 
streets, not exceeding two da}S in each and every year, 
and any person failing to perform such labor when duly no- 
tified by the street commissioner, shall forfeit and pay the 
sum of one dollar per day, for each day so neglected or 
refused : Provided always, that any one subject to such 
road labor, if when called on by the commissioner for said 
labor, shall pay the sum of seventy-five cents for eacii day 
he may be liable to work, shall be exonerated therefrom. 

§ 18. The present officers of the town of Hennepin 
shall continue in office until the annual election in May, 



1 



135 1852. 

A. D. 1853, or until their successors are elected and qual- 
fied, and all ordinances and resolutions passed by the presi- 
dent and trustees of the town of Hennepin shall remain in 
force until the same shall be regularly repealed. 

§ 19. All property, real and personal, heretofore belong- property. 
ing to said corporation, is hereby continued therein. 

§ 20. Appeals shall be allowed from any and all deci- Appeals. 
sions in cases arising under the provisions of this act, or any 
ordinance passed in pursuance thereof, to the circuit court 
of Putnam county. 

§ 21. This act is hereby declared to be a public act, Public act. 
and may be read in evidence in all courts of law or equity 
within this state, without proof. 

§ 22. The "act to incorporate the town of Hennepin," Acts repeaieii. 
in force March 2, 1839, together with all acts heretofore 
passed amendatory thereto, except the seventh (7th) section 
of an act entitled "an act to amend an act entitled an act 
to incorporate the town of Hennepin," in force February 
17, 1851, be and the same are hereby repealed: Provided^^^'''^^''- 
always, that nothing herein contained shall authorize the 
board of trustees to license the retail of spirituous liquors. 

§ 23. This act to be in force from and after its pas- 
sage. 

Approved June 22, 1852. 



AN ACT to auihorize the formation of corporate companies for the purpose In force Aug. 22 
of mining and transportation, by a general law. ii>5fi. 

Section 1. Be il enacted b\/ the people of the State of 
Illinois, represented in the General Assembly, Tliat any 
three or more persons who may desire to form a company Manner of form- 
tor the purpose ot mining, or tor the transportation or coal, 
or other products or commodities, may be incorporated for 
that purpose in the manner following, to wit : Such per- 
sons shall make, sign and acknowledge, before some officer 
authorized to take acknowledgments of deeds, articles of 
association, in which shall be fully set forth the description 
and kinds of business they | ropose to pursue, the name 
they assume, the location of the said company, which shall 
be within this state, the number of years it is to exist, 
which shall not exceed thirty yeais from the date of said 
articles, the amount of capital stock of said company, 
which shall in no case exceed three hundred thousand dol- 
lars, the amount and number of shares composing said 
stock, and sucli other particulars as may be deemed proper, 
and upon filing said articles of association, signed ana 



1852. 136 

acknowledged a? aforesaid, in the office of the secretary of 
state, and a duplicate thereof in tiie office of the county 
clerk of the county wherein said company may be located, 
the persons aloresaid, and all persons who shall, from time i 
to time, become stockholders and associates in said com- ' 
pany, their heirs and assigns, shall be known by the name 
General powers assumed, and Considered in law a body corporate, and shall 
""'"^''" possess all the powers and privileges, and be subject to all 

the restraints and liabilities of bodies coij)orate ; may have 
and use a common or corporate seal and alter the sarne at 
pleasure, and by their name assumed sue and be sued, 
plead and be impleaded, as natural perse ns, in all or any 
of the courts of this state having jurisdiction of the sub- 
ject matter, and the copy of any such articles of associa- 
tion, filed in pursuance of this act, certified by the secre- 
tary of state, or by said county clerk or his depute . to be 
a full and true copy of such articles of association, shall be 
taken in ail courts and ])laces as presumptive evidence of 
the facts therein stated and of the legal existence of said 
company. 

§ '•A. The stock, property and business of tlic said 
Directors. company shall be managed by not less than three or more 

than nine directors, who shall respectively be stockliolders 
in said company, and one of whom shall be a])poirited 
president ; and the said president and directors, '!• a maior- 
ity of them, or a majority of the directors in tlie absence 
of the president, shall constitute a board or quorum for the 
transaction of business, and all questions shall be dtcided 
by a majority of votes. Tlie first board of directors rnay 
be chosen or appointed at such time and j)lace and in such 
manner as the members of said corporation may see proper, 
to hold their offices for one year and until their successors 
are elected to fill their places. After tl.e first election or 
appointment the said board of directors snail be elected 
annually, by the stockholders of said company, at such 
time and place as shall be determined by the by-laws of 
said company; public notice of the time and place of Imld- 
ing such election shall be published not less than iliirty 
days previous thereto, in some newspaper published in the 
county, or nearest to the place where the bu-iness of said 
company may be carried on, when there sliail be no paper 
published in said county. The election shall be made by 
ballot, and by such of the stockholders as shall attend for 
that pur])ose, either in person or by proxy, and eacli stock' 
holder shall be entitled to cast as many votes as he maj- 
own shares of stock in said company, and the person 
receiving the greatest number of votes shall be the direc- 
tor of said company for the year next ensuing, and until 
their successors shall be elected to take their places. — 
When a vacancy shall occur in the board, by death or 



137 1852. 

otherwise, it may be filled for the remainder of the term in 
such manner as shall be provided by the by-laws of said 
company, and in case it shall happen at any time that an 
election of directors shall not be made on the day desig- 
nated by the by-laws of the company when it ought to have 
been made, the said company for that reason shall not be 
dissolved, but it shall be lawful on any other day to hold 
an election, upon notice as aforesaid, and all the acts of 
the directors shall be valid and binding as against said 
company, until their successors shall be elected and organ- 
ized by the election of their president. 

§ 3. The board of directors and their successors shall 
have power to make and pass such by-laws, rules and veg- By-iaws. 
ulations for the government of said company and the 
management of its affairs and business, for the election of 
a secretary and treasurer, (or the secretary may act as 
treasurer, ex officio,) and such agents and servants as they 
may deem proper, prescribe their duties, fix their remu- 
neration, require bonds for the faithful performance of 
their respective duties, and all other matters that shall be 
deemed necessary to promote the interest of said company, 
not inconsistent with this act, the laws and constitution of 
this state or of the United States — a copy of which, duly 
certified by the president, attested by the secretary and 
under the seal of said company, shall be filed in the oflSce 
of the clerk of the county wherein said company shall be 
located, and shall be as binding on said company, its offi- 
cers and agents, in every jespect as if the same had been 
incorporated in this act. Tiie said directors may cause 
books to be opened for subscriptions to their capital stock, stock. 
in such manner and at such times and places as they shall 
deem proper, and issue certificates of stock to the said 
stockholders, and it shall be lawful for the directors to call 
in and demand from the stockholders, respectively, all 
such sums of money by them subscribed, at such times 
and in such payments or instalments as the directors shall 
deem proper, under the penalty of forfeiting the shares of 
stock subscribed for and all previous payments made there- 
on, if payment shall not be made by the stockholders, their 
heirs or legal representatives, within sixty days after a 
personal notice or demand, or notice requiring such pay- 
ment shall have been published for six successive weeks 
in a newspaper published in the county in which said com- 
pany is located, or in a newspaper published nearest there- 
to. The stock of said company shall be deemed personal 
property and transferable in such manner as shall be pre- 
scribed by the by-laws of said company, but no certificate 
of stock shall be transferable until all calls and instal- 
ments are fully paid in, or whilst the holder of said cer- 
tificate of stock shall be indebted to said company, with- 



1852. 138 

out the written consent of the directors, and all or any 
transfer so made, without the consent of the directors 
as aforesaid, shall be null and void as against said com- 
pany. The said company shall have and liold the first lien 
on the stock for any and all debts due from the holder 
thereof to the said company, and may be reached by judg- 
ment and execution, the same as other personal property 
under the laws of this state, and when any such stock shall 
be declared forfeited to the company by reason of non- 
payment of the instalments thereon, or purchased in for 
debt at public sale, the same numbers and amounts may be 
again subscribed for by any other person, and certificates 
issued therefor, the same as if it had been an original sub- 
scription. 

Real estate, &c. § 4. The Said Company may purchase, hold, sell and 
convey at their pleasure, all such real estate as shall be 
deemed necessary for their interest and business opera- 
tions, not exceeding at any one time twenty-five per cen- 
tum of their capital stock, and to take and hold any real 
estate mortgaged or pledged as security for the payment 
of any debt due or to become due to said company, or to 
take and receive any real estate or other property in pay- 
ment, or towards the satisfaction of any debt previously 
due to said company, and to hold the same until they can 
conveniently and advantageously sell and convert the same 
into money or other property. All conveyances of real 
estate to said company, and all bonds, notes, obligations 
or agreements with or to said company, shall be made in 
the corporate name of said company, and all conveyances 
of real estate made by said company shall be made in the 
corporate name thereof, signed and acknowledged by the 
president, bearing the seal of the company and attested by 
the secretary, and the same so made shall be valid in law 
or equity. All business transactions, and all notes, bills, 
bonds or obligations, made or entered into by said com- 
pany, shall run in the name of said company, and may be 
signed by the president, secretary or agent of said com- 
pany, as the said company may by their laws, rules or 
regulations determine. All suits for or against said com- 
pany shall be brought, prosecuted or defended by the 
corporate [name] thereof, and all process against said com- 
pany shall be by summons, and the service of the same shall 
be by leaving an attested copy thereof with the treasurer, 
at least thirty days before the return thereof. 

Power to hold § &• Said company shall have power to possess, have 
property. ^jj j \^o\^ personal property to the extent that may be ne- 

cessary for their business operations, and to sell, exchange 
or dispose of the same at pleasure, to borrow money and 
secure the payment thereof, by bond, mortgage or other- 
wise ; to be the owner or part owner of docks, depots, 



139 1852. 

warehouses, tenements, water-craft appliances, and every 
species of property necessary to carry out the object of 
their organization and for developing tiie resources of this 
state, by nuning for coal or other minerals, transporting 
the same or otiier products, commodities, passengers or 
property, from or to their place of business, by land or 
water; to effect insurance ux)on their property; to divide 
their earnings and profits with the stockholders of said 
company, or to employ their funds in any other lawful 
manner. 

^ 6. The said company shall keep at the office of their omces, where 
secretary or treasurer, at the place of their location, well ^^^'' 
bound and substantial books, in which shall be kept a full 
and correct record of the names of the stockholders, their 
place of residence, the amount held by each respectively, 
the date of the subscription, the amount paid in, and of all 
transfers of stock, the date of such transfer, from whom 
and to whom transferred ; also a record of all the proceed- 
ings of the board of directors, by-laws, rules and regula- 
tion made for the government and management of the 
said company and its business operations ; which said books 
shall be subject to inspection at all reasonable times, dur- 
ing business hours, by any stockholder or creditor of said 
company, under tlie penalty of fifty dollars, to be recovered 
by suit against said company by any person who shall be 
refused the use and inspection of said books, being a 
stockholder or creditor of said company, at a proper time 
and upon request of the officers who may have the said 
book or books in cliarge, and at tlie end of each current 
year the said board of directors shall cause to be made out 
a tabular statement, showing the amount of the capital 
stock paid in, the amount of property owned by tlie com- 
pany, real and personal, the amount of debts due to the 
company, and the amount of the said company's indebted- 
ness, and also showing the profit or loss of said company; 
which said tabular statement shall be liable and subject to 
inspection, in the same manner and under the same penalty 
as is provided in relation to the books of said company. 
The said company in their corporate name may have their 
action at law or equity, before any court in this state hav- 
ing jurisdiction of the subject matter, and if the sura 
demanded be^ne hundred dollars or less, any justice of 
the peace slj^phave jurisdiction as in other cases against 
any and all persons in debt, damages or other action for 
the recovery of any debt or other matter, notwithstanding 
the said person or persons against whom suit is brought, 
may be stockholders in said company, and the law of part- 
nership shall in nowise apply or be plead in bar or set up 
in defence of such action. Tiie stock, property and effects 
of said company shall be liable and subject to execution 



1852. 



140 



This act public. 



KiimitatiGD. 



for all debts due or owing by said company to any person 
or persons, company or corporation, and any transfer or 
assignment of property made by said company to any jjer- 
son, for the purpose of giving preference to any one or 
more of its creditors, shall be null and void as against all 
other creditors of said company. It shall not be lawful for 
said company at any time to contract debts, or be indebted 
at any one time in any amount over fifty per cent, of the 
amount of their cai)ital stock actually paid in, and the 
directors of saiJ company in office at the time of contrac- 
ting such debts, and consenting thereto or assenting thereto, 
by not protesting against such contracting of debts, and 
giving notice of sucii protest, shall be jointly and severally 
liable for all such excess of debts over fifty per cent, of 
the amount of their capital stock actually paid in as afore- 
said. 

§ 7. This act shall be taken and considered as a pub- 
lic act, in all courts and places, shall be liberally construed 
in favor of any and all companies organized by virtue 
hereof, and shall take effect and be in force from and after 
its passage. 

§ 8. The powers conferred by this act shall not be so ' 
construed as to authorize any com])any organized under 
the same to enter upon the business of transportation upon 
any waters within this state, for the purpose of carrying 
freights and passengers, or passengers only, but the word 
"transportation," whenever used in this act, shall be so 
construed as to confine said corporation to the transporta- 
tion incident to and connected with their mining opera- 
tions. 

Approved June 22, 1852. 



In force June 21, AN ACT to incorporate the Springfield and Terra Haute Railroad company, 
1852. 

Section 1. Be it enacted hy the people of the State of 
Corporators. I llinois, fepre'ientefl in the General JisHembly, That Ste- 
phen T. Logan, N. W. Edwards, Thomas^ H. Campbell, 
Newton Cloud, Thomas Mather, Jacob Bunn, Pascal P. 
Enos, N. H. Ridgely, William P. Grimsley, A. Lincoln, 
Elijah iles, John Williams, Robert Irwin, William Thomas, 
William Butler, Chancey Rose, Jacob D. Early, William 
D. Griswold, Chancey Warren, James Farrington, Richard 
W. Thompson, Alexander McGregor, John P. Uslier, 
Thomas Nelson, John Brough, Oliver H. Smith, William N. 
Jackson, John O. Boyle, E. J. Peck, William M. Dunn, 
Augustus C. French, Elisha H. starkweather, Uri Manly, 



141 1852. 

Timothy R. Young, Justin Harlan, William B. Archer, Jon- 
atl.an K. Greenougli, Usher F. Linder, Nathan Ellington, 
Thomas A. Marshall, William Martin, William S. Christy, 
J. VV. Ross, James Elder and Isaac Pugh, and their asso- 
ciates, successors and assigns, are hereby created a body 
coi'[jorate and politic under the name and style of "Tlie style. 
Springfield and Terre Haute Railroad company." with per- 
petual succession, and by that name be and they are iiereby 
ma le capable in law and in equity to sue and be sued, plead 
and be impleaded, defend and be defended, in any court of 
law and equity in this state, or any other place ; to make, 
have and use a common seal, and the same to 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 (;enojaipo^e„, 
of ttiis act, as hereinafter set forth. And the said company 
are hereby autliorized and empowered to locate, construct, 
and finally complete a railroad from the city of Springfield, 
in Sangamon county, by tlie way of Charleston, in Coles 
county, and Marshall, in Clark county, in the direction of 
the city of Terre Haute, in the state of Indiana, by the most 
direct and eligible route to the east line of the state of Illi- 
nois ; and for this purpose said coin]>any are authorizedj 
upon the most eligible and direct route, to lay out their 
said railroad, not exceeding one hundred teet in width, ^ 

thiough 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 of 
anil security of said railroad. 

§ 2. The capital stock of said company shall consist of capital stock. 
one million of dollars, and may be increased to two million 
of dollars, to be divided into shares of one hundred dollars 
each. The immediate government and direction of said 
company shall be vested in seven directors, who shall be 
chosen by the stockholders of said company, in the manner 
hereinafter provided, who shall hold theii* offices for one 
year after their election, 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 
number to be the president of the company ; that said 
board of oireciors shall have power to appoint all necessa- 
ry clerks, s^B^tary, and other officers necessary in the 
transaction oWausiness of said compan3\ 

§ 3. The said corporation is hereby authorized, by their surveys, 
agents, surveyors and engineers, to cause such examina- 
tion and surveys to be made of the ground and country be- 
tween the said city of Springfield and the said east line of 
the state of Illinois as shall be necessary to determine the 
most advantageous route for the proper line or course 



1852. 142 

whereon to construct their said railroad ; and it shall be 

jiightofway. lawful for Said company to ei.ter upon and take possession 
of, and use all such lands and real estate as may be neces- 
sary for the construction and maintenance of their said rail- 
road, its depots, side tracts, water stations, engine houses, 
machine shops, and other buildings and appendages neces- 
loviso. sary to the construction and working of said road: Pro- 

vided, that all land or real estate entered upon ai.d taken 
possession of, and used by said corporation, for the pur- 
poses and accommodation of said railroad, or upon which 
the site for said railroad shall have been located or deter- 
mined by the said corporation, shall be ])aid for by said 
company in damages, if any be sustained by the owner or 
owners thereof, by the use of the same for the purposes of 
said railroad, and all lands entered upon and taken for the 
use of said corporation, which are not donated to said com- 
pany, shall be paid for by said corporation at such price 
as may be mutually agreed upon by the said corporation, 
and the owner or owi ers of such land ; and in case of dis- 
agreement, tiie price shall be estimated, fixed, and recov- 
ered in the manner provided for taking lands for the con- 
struction of public roads, canals, or other public works, as 
prescribed by the act coiicerning right of way, approved 
March 3, 1845. 

Penalties. § 4. If any persou shall wilfully, maliciously or wanton- 

ly, and contrary to law, obstruct the passage of any car on 
said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any part of the 
said railroad or implements or buildings, he, she, or they, 
or any person assisting, shall forfeit and pay to said com- 
pany, for every such offence, treble the amount of dama- 
ges that shall be proved before any competent court shall 
have been sustained, and be sued for in the name and be- 
half of said company, and such offender or offenders shall 
be deemed guilty of a misdemeanor, and shall be liable to 
an indictment in the same manner as other indictments are 
found, in any county or counties where such offence shall 
have been committed ; and upon conviction, every such ~; 
offender shall be liable to a fine not exceeding five thou- 
sand dollars, for the use of the county where such indict- 
ment may be found, and may be imprisoned in the county 
jail for any time not exceeding six montl^, at the dis- 
cretion of the court. mj^ 

Annual meetings § 5. The time of holding the annual meetings of said 
company, for the election of directors, shall be fixed and de- 
termined by the by-laws of said company ; and at all meet- 
ings, each stockholder shall be entitled to a vote, in person 
or lawful proxy, one vote for each share of stock he, she, or 
they may hold bona fide in said company, upon which all in- 

I stalments called have been paid. 



143 1852. 

§ 6. The persons named in the first section of this actcommisskners. 
are hereby appointed commissioners, who, or a majority of 
whom, after a meeting duly called by thirty days' notice 
in newspapers published in Springfield and Terre Haute, 
are hereby authorized to open subscription books for said 
stock at such ])laces as they may deem proper, and shall 
keep said books open until five hundred thousand dollars 
of said capital stock sliall be taken. Said commissioners 
shall require each subscriber to pay five dollars on each 
share subscribed at the time of subscribing. The said 
commissioners shall immediately thereafter call a meeting 
of the stockholders, by giving thirty days' notice in some 
newspaper printed in the county of Sangamon, and 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 sliall deliver said sub- 
scription books, with all sums of money received by them 
as commissioners^ to said directors. No person shall be a 
director in said company unless he shall own at least ten 
shares of the ca])ital stock. 

§ 7. That the right of way and the real estate pur- ^^^-''^of^^y'*''^- 
chased for the right of way by said company, whether by 
mutual agreement or otherwise, or which shall become 
the property of the company by operation of law, as in 
this act provided, shall, upon the ])aymcnt of the amount 
of money belonging to the owner or owners of said land, 
as a compensation for the same, become the property of 
said company in fee simple. 

§ 8. The said corporation may take and transport upon Transportation. 
said railroad any person or persons, merchandise or other 
property, by the force and power of steam or animal, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon the same as the said directors shall from 
time to time establish. And the directors are hereby 
authorized and empowered to make all necessary rules, 
by-laws, regulations and ordinances that they may deemsy-iaws. 
necessary and expedient to accomplish the designs and 
purposes and to carry into effect the provisions of this act, 
and for the transfer and assignment of its stock, which is 
hereby declared personal property and transferable in such 
manner as shall be provided by the by-laws and ordinances 
of said company. 

§ 9. The directors of said company, after the same is Additional stock. 
organized, shall have power to open books in the manner 
prescribed in the sixth section of this act, to fill up the 
additional capital stock, or any part thereof, at such times 
as they may deem it for the interest of said company And 
all the instalments required to be paid on the stock origi- 
nally to be taken, and what may be taken to increase said 



1852. 



144 



Vacancies. 



Proceedings to 
obtain right of 
way. 



Intersection of 
other roads. 



Proviso. 



capital shall be paid at such times and in such sums as 
said directors may prescribe. 

§ 10. In case of the death, resignation or removal of 
the president, vice president or any director, at any time 
between the annual elections, sucii vacancy may be filled 
for the remainder of the year, whenever they may happen, 
by the board of directors ; and in case of absence of the 
president and vice president, the board of directors shall 
have power to appoint a president pro tempore, wlio shall 
have and exercise such powers and functions as the by-laws 
of the said corporation may provide. In case it should at 
any time iiappen that an election shall not be made on any 
day on which, in pursuance of this act, it ought to be made, 
the said corporation sliall not for that cause be deemed 
dissolved, but such election shall be held at any other time 
directed by the by-laws of said corporation. 

§ 11. That when the lands of any femmes coverts, 
persons under age, non compos mentis, or out of this state, 
shall be taken in the construction of said railroad, as is 
provided by this act, the said corporation shaJl pay the 
amount that shall be awarded as due to the last (uentioned 
owners, respectively, whenever the same shall be lawfully 
demanded, together with six per cent, per annum ; that to 
ascertain the amount to be paid to persons named in this 
section, for lands taken for the use of said corporation, it 
shall be the duty of the governor of this state, upon notice 
given to him by the said corporation, to appoint tliree com- 
missioners, to be persons not interested in the matter, to 
be determined by them, to determine the damages which 
the owner or owners of the land or real estate, so entered 
upon by the said corporation, has or have sustained by the 
occupation of the same. And it shall be the duty of said 
commissioners, or a majority of them, to deliver to 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 the said corporation in 
the clerk's office in the county in which the land or real 
estate so appraised shall be, and then the said corporation 
shall be deemed to be seized and possessed of the fee sim- 
ple of all such lands or real estate as shall have been 
appraised by the said commissioners. 

§ 12. Whenever it shall be necessary, for the construc- 
tion of said railroad, to intersect or cross a track of any 
other railroad, or any stream of water or water course, or 
road or highway on the route of said road, it shall be law- 
ful for the company to construct their railroad across or 
upon the same : Provided, that the said company shall re- 
store the railroad, stream of water, water course, road or 
highway thus intersected or crossed, to its former state or 



145 1852. 

in a sufficient manner not materially to impair its useful- 
ness. 

§ 13. Said company shall have the power to unite its rnionwiniouier 
railroad with any other railroad now constructed, or which 
may hereafter be constructed, within this state or the state 
of Indiana, upon sucli terms as may be mutually agreed 
upon between the companies so connecting ; and for that 
purpose, full power is hereby given to said company to 
make and execute such contracts with any other company as 
will secure the objects of such connection: Provided, that i'r^viso. 
the Central Railroad shall not run upon the line or track 
of the road constructed by the company hereby incorpora- 
ted, except at points of crossing or intersecting the s.inie. 

§ 14. Said company is liereby autiiorized, from time to Power to borrow 
time, to borrow such sum or sums of money as may be ne- 
cessary for completing and finishing or operating their said 
railroad, and to issue and dispose of their bonds in denomina- 
tions of not less than five hundred dollars, bearing a rate of 
interest not exceeding seven per centum per annum, for any 
amount so borrowed, and to mortgage the corporate prop- 
erty and franchises, or convey the same by deed of trust, to 
secure the paj^ment of any debt contracted by said company 
for the purposes aforesaid. And the directors of said com- 
pany may confer on any bond-holder of any bond, issued for 
money borrowed as aforesaid, the right to convert tiie prin- 
cipal due or owing thereon into stock of said company, at 
any time not exceeding ten years from the date of the bond, 
under such regulations as the directors of said company may 
see fit to adopt ; and all sales of such bonds that may be 
made at less than their par value shall be good and valid 
and binding upon said corporation as if such bonds had 
been sold for the full amount tiiereof. 

§ 15. The width of said railroad is to be determined by ^^^'""'^ "^ '■'^^'^'• 
the said corporation, within the limits prescribed by the first 
section of this act. 

§ 16. This act shall be in force from and after its pas- Comm^n.-em^t. 
sage ; and said company shall commence said work within 
two years, and complete the same within five years from the 
passage of this act : Provided, that there shall be a simulta- Proviso. 
neous commencement of the work at each terminus of said 
road, and an equal rate of expenditure of mone3^ 

Approved June 22, 1852. 



10 



1852. 146 

111 iiirce june22, ^VN ACT <o amend an act entitled "an act to amend an act to incorporate 
1652. I],p Rock Island and La Salle Railroad company/' approved February 7, 

1851. 

Skction 1. Be it tvacfed hij the people of the State of 
^ , ,. I/Unuis, revre^entcd in ilie General J^ssembly, That the 

tiiorized. Chicago aiid Rock Island Railroad company is hereby au- 

thorized, from time to time, to relocate and reconstruct any 
parts or jjortions of its said road west of the Fox River 
Feeder, m the town of Ottawa, in La Salle county, and be- 
tween it and the city of Peru, and for that purpose may pro- 
Ki-itofwrt^. cure the right of way on any part so relocated, in the man- 
ner pointed out in the acts incorporating said company. 
„ ,.„ , . , 6 2. That copies of all papers, books or proceedings 

(ertiflcu copies ot ■> ■',,''.. ^i " 

pnpLTstuijeevi- Y,rl)atsoever, or ])arts thereof, a])])ertaining to the transac- 
tions of said railroad company as to the original organiza- 
tion thereof by the commissioners, certified to be true co- 
pies by the clerk oi' secretary of said company or the keeper 
of said books, under the seal of said company, the said clerk, 
secretary or keejjer also cei'tifying that he is the keeper of 
the originals of which he gives copies, shall be received as 
])rim.a facie evidence of the facts so certified, in all courts 
m this state, n\ all suils and pi'oceedings pending before 
them, without other proof of the identity of said clerk, sec- 
rctai'v or keeper of s lid seal. 

§ 3. This act shall be in force from and after its passage. 

Approved June 22, 1852. 



In force June 22, AN ACT to amend the \:i\\ condemning; right of way for purposes of inter- 
1852. nal improvement. 

Section 1. Be it enacted by the people of the State of 
Illinois^ represented in. the General Jissemhly^ That when 
Petition for right aiiy publlc poad, railroad, plank road, turnpike road, canal, 
oi way. Qj. other public work, shall have been located by any offi- 

cer or agent of the state, or of any county, or any person, 
or corporation vested with power to take and ap])ly priA-ate 
property in the construction or use of such road, canal or 
other work, or for any purpose connected with the same, 
such as constructing bridges, dams, locks, embankments, 
excavations, spoil-banks, turn-outs, depots, engine houses, 
shops, turn-tables, boat yards, wharfs, or docks, and the 
right or title to property required for any such uses or pur- 
poses cannot be obtained by purchase, a petition shall be 
filed in the clerk's office of the circuit court of each county 
through which the location aforesaid is made, setting forth, 
by reference, the authority to construct the work, and the 
right to take and apply private property, and if the right of 



147 1852. 

way only is desired, describing by its numbers, or other ap- 
propriate description, each lot or parcel of land over or 
across which such right is desired ; or if property is required 
for all or any of the other purposes herein specified, stating 
such purpose, and describing the property so required ; and 
in either or both cases, stating the names of all persons in- 
terested, as owners or otherwise, in the property to be af- 
fected, if known, or if not known, stating that fact, and re- 
questing such court to cause to be ascertained the com- 
pensation to be made to each owner of or person interested 
in property required as aforesaid, and upon payment thereof, 
to require a conve}ance or release of the same, or that by 
an order or orders of court the right and title be invested 
in the state, county, corporation or other person in whose 
name or behalf the petition is filed, to be applied and used 
for the purposes stated in the petition. 

§ 2. Upon the filing of the })etition aforesaid, and giving Proceedings, 
the persons interested in the property required reasonable 
notice thereof, and of the time and place ot making the appli- 
cation herein provided for, the petitioner in person, or by at- 
torney, may a})ply to the judge of said court, or to the judge 
of the county court, or either of the associate justices of the 
last named court, to appoint commissioners to fix the com- 
pensation to be made to the parties interested as aforesaid, 
for the riglit of way over or across land, and for land re- 
quired for any of the other purposes herein expressed, as 
well as to assess the damages which may result from the 
construction and use of the road, canal, or other contem- 
plated work. Upon the hearing of which application, and 
each of the parties notified as afofesaid, as well as those 
not notified, who may appear, the said judge or associate jus- 
tices siiall select and appoint three disinterested freehold- 
ers of the county commissioners to fix compensation and Commissioners, 
assess damages, according to the prayer of the petition, 
and also fix the time and place of their first meeting. And 
upon notices given as aforesaid, from time to time, or the 
appearance of parties without notice, the same, or other 
commissioners, shall be appointed to act with reference to 
parties, as they are notified or appear as aforesaid, until 
action shall be had with reference to all the parties and 
matters named in the petition : Provided,^ that reasonable Proviso, 
notice of the time and place of making application for 
the appointment of commissioners shall be five days, and 
one day in addition for every twenty miles' travel, from 
the residence of the party to the place of making application. 

§ 3. Notices of the filing petitions and making applica- 
tions for the appointment of commissioners, in respect to service of notieea 
lands owned in whole or in part by infants, shall be served 
on the guardian ; or if they have no guardian, on the infants 
and persons with whom they reside ; and with respect to 



1852. 148 

lands owned as aforesaid by idiots, lunatics or distracted 
jiersons, on the conservator, if they have any, if not, then 
on the person under whose care or charge they may be 
found; and with respect to lands owned hy femynes covert, 
on the husbands as well as the owner; and notices to non- 
residents of the county, and persons whose names are un- 
known, shall be })ubli5lied in some public newspaper pub- 
lished in the county, if any, or if not, in the nearest paper 
to such county, for three weeks in succession, before the 
day of making the application aforesaid. And notices so 
served or published, shall be sufficient to authorize the ap- 
pointment and action of the commissioners as herein pro- 

Provi.o. vided for : Fruvided, if such railroad or other public work 

shall be located on land the property of the state, the right 
of way, not exceeding one hundred feet in width, is hereby 
granted to such company, corporation or individual. 

commissioners,- ^ 4. Commissioners may be appointed in term time by 

wb^nappoiuLC j.|^^ circuit court, or in vacation by the judges or justices 
aforesaid, upon the service or publication of notice being 
proved by affidavits, to be filed and constitute a part of the 
record of the proceedings. Upon applications for appoint- 
ment in vacation, copies of the petition, filed as aforesaid, 
shall be used, and the order of the judge or justice shall be 
indorsed thereon, and the same delivered to the commis- 
sioners, to guide them in their action, and show the extent 
of their authority. 

commusionersto § 5. Commissioners appointed as aforesaid shall be sworn 

be sworn. before some officer having power to administer oaths, "to 
faithfully and impartially execute the duties required of 
them, according to theiV best judgment and understanding, 
and to make all their estimates and assessments according 
to law." And upon being sworn as aforesaid, they shall 
meet at the time and place fixed by the court, or judge or 
justices aforesaid, and proceed without delay, upon view 

To view premises. ^"*^ inspection of the premises, as well as upon hearing the 
allegations and testimony of the parties interested, to fix 
the compensation to be made to each party or owner of 
lands to be taken and used as the way on which the road, 
canal or other work shall be constructed and pass, also for 
lands taken and used for any of the other purposes specified 
in this act; and also estimate and assess the damages sus- 
tained by any person or persons, by reason of the construc- 
tion and use of the work specified in the petition, taking 
into consideration and estimating the benefits and advan- 
tages to the parties resulting from the construction and 

Proviso. ^^" °^ ^^^^ road, canal, or other improvement : Provided, 

the said commissioners shall not estimate any benefits or 
advantages which may accrue to lands affected in common 
with adjoining lands, on which such road or canal or other 
work does not pass. 



149 1852. 

§ 6. The commissioner shall, from time to time, as they to report m writ- 
make decisions with reference to lands embraced in their 
appointment, make reports in writing, stating separately 
the compensation to be paid for the right of way over or 
upon each lot of land, the compensation to be paid for each 
lot of land required for any other purpose, and the damage 
allowed to each owner or party, by reason of the construc- 
tion and use of tiie improvement or work as aforesaid. A 
copy of each report so made shall be delivered to each of 
tlie parties interested, if requested, and the original, with a 
copy of the order of appointment, shall be filed with the 
clerk of the court in which the proceeding is had. 

§ 7. Upon the making and filing of any report as afore- -Appeals- 
said, any party interested may apjjeal from the decision of 
the commissioners to the circuit court of the county, as 
hereinafter provided ; but if no appeal is taken, the deci- 
sion^, estimates and assessments as reported, shall be con- 
clusive upon the parties, and the right and title of that part 
of each lot or parcel of land required as aforesaid, in respect 
to wliich no compensation is allowed or damages assessed, 
should vest in the state, county, corporation or person in 
whose behalf the ])roceeding is had, with the right to enter 
upon and use and apply the same according to the prayer of 
the ])etition and right of the case, and the right and title to 
that part of each tract of land required, in respect to which 
compensation is allowed or damages assessed, shall vest in 
the state, county, corporation or person ])etitioning as afore- 
said, upon tiie payment of the compensation and damages so 
fixed or assessed, with the right to enter upon and use and 
apply tlie same for the purposes stated in the petition. 

§ 8. Payments of compensation and damages, estimated ^aJS."""'"' ''"'" 
and assessed as aforesaid, may be made, first to parties la- 
boring under no disability who are entitled to the land ; se- 
cond, to guardians of infants, husbands or trustees of 
femmss covert ; third, to conservators of insane persons; 
and a receipt for such })ayments shall operate as a confir- 
mation of the action of the commissioners, and shall estop 
the parties in interest from all furtlier claims or proceeding 
in the premises. Payments to parties residing in the state, 
but not in the county, including infants who have no guar- 
dian, and insane persons who have no conservator, shall be 
made by depositing the money with the clerk of the court in 
which the proceeding is had; and payments to parties resi- 
ding out of the state, and persons whose names are unknown, 
shall be made by depositing the money in the treasury of 
tlie proper county where the land lies; and the receipt of 
parties entitled to money deposited as aforesaid, shall ope- 
rate in like manner as receipts for money paid to parties as 
herein provided: Provided, that if any person shall refuse Proviso. 



1852. 150 

to receive money wlien tendered, payment ma)^, in such , 
case, be made by depositing the amount with the county 
treasurer aforesaid. 

5 9. Parties desirinjr to appeal from decisions, estimates, 

Appeal bend. \ p ^/. . . , ,, -..l • 

and assessments, or eitlier, ol commissioners, slialJ, witiiin 
ten days after being notified of the filing of the report with 
the clerk, execute and file an appeal bond with said clerk, 
payable to the people of the state, for the use of all parties 
interested in the condition ; in which bond the action or 
proceeding appealed from shall be recited, with conditions, 
in case the appeal is taken in behalf of the petitioner, for 
the due and speedy prosecution of the appeal, and that he or 
they will pay whatever may be required by any decision, 
order or judgment; and in case the appeal is taken by 
any other party, with condition that the appeal shall be 
prosecuted without delay ; and in case the decision, es- 
timate or assessment, as the case may be, shall be af- 
firmed or not increased, that the appellant will pay the 
costs of the appeal and of the subsequent pioceeciings 
therein, if adjudged so to do by the court. A bond executed 
and filed by responsible securities, without the name or sig- 
nature of the party appealing, shall be obligatory and suffi- 
cient; and it shall not be necessary to insert any penalty in 
any such bond, but the part\ or ])arties executing the same 
shall be liable, upon breach, to pay the full amount which 
any party interested in the condition is or may be entitled to 
in the premises. 
Appeals, ly' § ^^- Appeals may be taken and prosecuted by hus- 

whomtakfcn. bauds or trustccs ofjemmes coverf, guardians ol infants, and 
conservators of insane persons ; and in cases where infants 
have no guardian, and insane persons no conservator, ap- 
peals may be taken by the friends of such parties. 
Notice of iv.ing § ^^- Notices to parties of the filing reports of commis- 
reports. sioucrs shall be given as is required in respect to applica- 

tions for the appointment of commissioners, and notices of 
appeals shall be given by the service of summons, as in cases 
of appeals from judgment of justices of the peace : Frovi- 
Proviso. ^^^^ ^i^^|. non-residents of the state, and persons whose 

names are unknown, may be notified by publishing notice 
as is required in respect to proceedings in chancery against 
non-residents. 
po^sessicn of ;,ro- § 12. The cnteHng upon, taking possession of, and ap- 
perty condemn- p]^jjjg property, with reference to which commissioners 
iiave reported as aforesaid, shall not be hindered, prevented 
or delayed by the prosecution of any appeal, provided the 
corporation or person interested in the work, or any respon- 
sible person in their behalf, will execute and file a bond with 
the clerk of the court in which the appeal is pending, bind- 
ing the persons executing the same to pay whatever amount 



151 1852. 

may be required by the order or judgment of the court in 
said appeal cause, and also comply with or conform to any 
rule or order that the court may make in relation to the 
matter in controversy. 

§ 13. Appeals prosecuted under the provisions of this 
act shall be docketed by the clerk next after the peo]ile's Appeals, how 
causes, and shall be tried without delay, as soon as reached 
on the docket, unless continued for good cause, or by con- 
sent. 

§ 14. Apj)eals shall bring before the court the questions 
decided or reported on by the commissioners in res|)ect to Q"''st'"ns '"^0'^ - 

, . ' , 111 I • , ' . ed in appeal ca- 

tlie parties to the appeal, and unless the parties otherwise sea. 
agree, tiie said questions shall be submitted to and tried by 
a jury as other appeal cases — tiie jury to swear " well and 
truly to try the cause, and in fixing compensation or assess- 
ing damages, they will be governed by the provisions of the 
law under which the trial is had." The jui-y shall find and 
state the amount, if any thing, which shall be paid as com- vertiicu. 
pensation for right of way ; the amount, if any thing, to be 
paid for lands required for any ntlier ])urpose ; and tlie 
amount, if any thing, assessed or allowed as damages, ma- 
king tiie verdict conform to tiie questions and facts in the 
case. Verdicts may be rendered in writing or stated orally 
in court, and the court shall in all cases require the verdict 
to be recorded in such form as to express truly and fully the 
finding of the jury. 

§ 15. Upon verdicts rendered by juries, judgments shall 
be entered, declaring that upon the payment of coinpensa- Judgments. 
tion and damages, or either, as the case may be, that the 
right and title to the same for which the compensation is 
to be made, or on account of which damages are allowed, 
shall vest in the state, county, cor[)oration, or person peti- 
tioning as aforesaid, with the right to enter upon, use and 
apply the same for the purposes stated in the petition ; or if 
the verdict is that no coinijensation shall be made in money, 
or damages be allowed in the premises, the like judgment 
shall be entered ; and verdicts and judgments entered as 
aforesaid shall be final and conclusive between the par- 
ties. 

§ 16. Payments of judgments entered upon verdicts may Payments. 
be made, and to have the like force and effect as provided 
for in section eight hereof, or payments may be made in re- 
ference to either party. 

§ 17. In appeal cases courts shall permit amendments Amendments, 
to papers, records, bonds, and the execution of new bonds, 
whenever necessary to a fair trial and final determination 
of the questions involved. Courts shall also have power to 
make any and all rules and orders necessary to notify j)ar- 
ties of the proceeding, and to issue all process necessary to 



1852. 



152 



Costs of procetd. 
ings. 



Rule of damage; 



the execution of orders and judgments as they may be 
entered. 

§ 18. The costs of all proceedings under this act, ex- 
cept such as arise or grow out of a])peals5 shall be paid by 
the petitioners, and costs of appeals sliall be paid as the 
court may direct. Any two of the three commissioners may 
act and execute any or all of the duties required. They 
shall have power to swear or affirm witnesses who may be 
brought before them, also to issue summons for witnesses, 
and by compulsory process compel their attendance. They 
shall also have power to adjourn from day to day, or from 
one day to any succeeding day, not exceeding five, until 
they shall have determined and reported upon all the cases 
embraced in their appointment ; and two dollars per day 
shall be paid to each for his services. 

§ 19. All corporations heretofore created by special 
charter of incorporation or under tlie general law where 
the termini have been fixed by the legislature, and none 
others, may avail themselves of this act. 

§ 20. Estimates of compensation and assessments of 

■ damages, under the provisions of this act, shall be made 

with reference to the land orproperty affected, and payable 

to the real person entitled to the same, whether a party to 

the proceeding or not. 

§ 21. This act to take effect and be in force from and 
after its passage. 

Approved June 22, 1852. 



In force Aug. ^2, A.N ACT to constitute a commission to take evidence in relation to certain 
^^^' claims. 



Section 1. Be it enacted by the people of the State of 
commissioners. HHnois^ represented iu the General Jissemhly^ That Hugh 
T. Dickey, of the county of Cook, A. Lincoln, of Sanga- 
mon, and Noah Johnston, of Jefferson county, are hereby 
named and constituted a board of commissioners, any two 
Their duller. ^^ whom are hereby authorized to" act, whose duty it shall 
be to collect proofs and testimony, hear and investigate all 
such claims as shall be presented against the state arising 
out of transactions by and between the agents of the state 
authoiized to negotiate loans, and by and between the state 
and all persons who have heretofore presented claims for 
damages for right of way and injury done to property in 
the construction of the Illinois and Michigan canal and its 
feeders, and by and between the state and the contractors 



153 1852. 

on the said canal and feeders, and to report all such testi- 
mony or proofs so taken to the governor, to be by him 
filed in the office of the secretary of state, and caused to 
be laid before the general assembly at the next session 
thereof. 

§ 2. It shall be the duty of the said commissioners to™°7^7j^! 
hear, preserve and report all such additional or further tes- ""ts- 
timony on the part and in behalf of said claimants as they 
or any of them may desire to present, which mf.y show 
the equity or justice of their claims or in aid or support 
thereof; and said testimony sliall be reported, preserved 
and represented to the general assembly at the same time 
and in the same manner as is provided in the first section 
of this act concerning the proofs and testimony taken in 
behalf of the state, but in no case shall any new claims be 
presented or considered on the part of said contractors, 
nor any increase upon claims heretofore made be allowed. 

§ 3. Said commissioners are hereby authorized to ap- ciert. 
point a clerk, to act under their direction, in performing the 
duties required by this act. Said commissioners shall be 
allowed four dollars per day whilst engaged in taking evi- Compensation. 
dence, and mileage at the rate of ten cents per mile in 
going to and returning from the place of meeting, to be 
allowed once only ; and said clerk three dollars per day 
[for the time] he shall be actually employed under this act, 
and no other compensation whatever shall be allowed. 

§ 4. The said commissioners shall have power to send '"''*°'^^^*'^' *' 
for witnesses and to compel their attendance, and to admin- 
istijr oaths, and to examine all records, books and papers 
pertaining to their duties, in the offices of the fund com- 
missioner, secretary of state, and in any of the offices con- 
nected witii the Illinois and Michigan canal, and in the 
offices of the clerks of the courts in any of the counties 
tlirough which said canal or its feeders have been con- 
structed, and to exercise all such powers as shall be requi- 
site to ascertain the merits of any of said claims: Pro- Proviso. 
vicled, that the testimony on the part of claimants shall be 
procured at the expense of said claimants, and shall in no 
case be a charge upon the state. 

§ 5. It siiall be the duty of said commissioners to notify i^^otice to claim- 
the claimants of the time and place, upon the line of the 
canal, when and where they will meet for the purpose of 
such examination; such notice to be published in one news- 
paper published in Chicago, Ottawa and Joliet, at least 
thirty days before said meeting and examination shall take 
place, and in no case shall a witness be heard until after he 
shall have been sworn to testify, as in other cases. 

§ 6. The said commissioners shall, before entering upon oath. 
the discharge of their duties, take an oath that they will 



1852. 



154 



perform all the duties required of them impartially, faith- 
fully and without favor or suppression of truth. 
Attorney for the § 7. It shall be the duty of the governor, if he shall 
*****"' deem it expedient, to appoint some competent person to 

appear before said commissioners and contest all such 
claims as shall be presented as aforesaid, and to offer proofs 
on behalf of the state, who shall be paid by the governor 
out of contingent fund. 
Qualification. § 8. The passage of this act shall not be understood as 

any admission on the part of the state that any of the 
clamis referred to are valid, or that the state is in anywise 
liable or bound to pay the same, or any part thereof, the 
object being simply to provide for obtaining and preserving 
testimony of the facts in relation to the same. 
Approved June 22, 1852. 



In force on the AN ACT to incorporate the town of Woodstock, McHenry county, Illino; 
filing of certifi- 
cate, as provided 
In section 23. 



Corporation. 



Style. 



General corpo- 
rate powers. 



City limits. 



President and 
trustees. 



Section 1. Be it enacted l)}j the people of the State of 
Illinois, rejiresented in the General Assembly, That the 
resident inhabitants of the +own of Woodstock, in Mc- 
Henry county, are hereby constituted a body politic and 
corporate, to be known by the name of " The President 
and Trustees of the town of Woodstock," and by that 
name shall be known in law and have perpetual succession, 
may sue and be sued, plead and be impleaded, defend and 
be defended, in courts of law and equity, and in all actions 
and matters whatsoever; may grant, purchase, receive and 
hold real and personal property within the limits of said 
town, and no other, (burial grounds excepted,) and may 
lease, sell and dispose of the same for the benefit of the 
town, and may have power to lease any of the reserved 
lands which have been or may be appropriated to the use 
of said town, and may do all other acts as natural persons, 
which may be necessary to carry out the powers hereby 
granted, and may have a common seal and alter the same 
at pleasure. 

§ 2. That all those tracts of land embraced within the 
following boundaries, to wit, commencing at the S. E. 
corner of the N. W. \ of the N. E. i of sec. 8, T. 44, R. 
7 E., thence north one mile, thence west one mile, tlience 
south one mile, thence east one mile to the place of begin- 
ning, be and the same is hereby declared to be within the 
limits or boundaries of the said town of Woodstock. 

§ 3. The corporate powers and duties of said town shall 
be vested in a president and six trustees, who shall consti- 



155 1852. 

tute a board for the transaction of business, and who shall 
serve without compensation. 

§ 4. Tiie said town shall at present be divided into two""'"ds. 
wards, as follows : All the territory embraced within the 
limits or boundaries of said corporation south of Dietz and 
Jackson streets shall constitute one ward, to be called the 
"South Ward;" all the territory north of said streets in south ward. 
said corporation, shall constitute one ward, to be called in 
the "Nortli Ward;" the qualified voters of each of which North ward, 
said wards shall annually elect three trustees of said town, 
and the qualified voters of said town siiall annually elect a^*"^*^*^"^" 
president of said town, who shall be president of the board 
of trustees, having only a casting vote in said body ; a 
treasurer, who shall be ex officio assessor, and one constable, 
who shall be ex officio collector, and have the same powers 
as other constables in said county. Such treasurer and 
constable to receive such compensation and in the same Compensation. 
manner as is provided by law for constables, and for the 
county treasurers and assessors and collectors of the 
county and state revenue for similar services. 

§ 5. Tiie president and members comprising the board 
of trustees shall be elected annually, on the first Monday Time of elections. 
in April, (except the first election, which shall be on the 
first Monday in August, eighteen hundred and fifty-two,) 
to serve one year and until otliers shall be legally qualified. 
They shall be at least twenty-one years of age, shall iiave Qualifications oi 
the requisite qualifications to vote for state officers, shall 
have resided one year in said town, and the trustees shall 
at the time of their election be residents of the ward for 
which they are elected. The treasurer and constable 
shall have the same qualifications and hold their offices for 
one year. All persons qualified to vote in the county for Qnaiification of 

1 1 ^ 1--I-1 electors* 

state officers, and being at the time actual residents in the 
corporation, shall be qualified to vote for officers of the 
same, but shall be allowed to vote only in the ward where 
they shall actually reside. 

§ 6. The treasurer and constable shall, at the first reg- Official bonds. 
ular meeting of the board of trustees for the transaction of 
business after their election, or sooner, respectively give 
bonds, with one or more sureties, to be approved by said 
board, in a penalty of at least one thousand dollars, con- 
ditioned for the faithful discharge of the duties of their 
respective offices, and on failure thereof the said offices 
shall be deemed vacant and the said board of trustees shall 
immediately order a new election to fill such vacancy, of 
which the requisite notice shall be given. 

§ 7. It shall be the duty of the board of trustees, inNot^j^^of town 
such manner as they may provide, to give notice of all special elections 
town meetings and special elections to be held under the 
provisions of this act, by publishing notice thereof at least 



1852. 156 

one week prior thereto, in some public newspaper printed 
in said town, or if there be no such paper then by posting 
up notices tliereof in like manner in three of the most 
public places in each of the wards of said town, which 
notices shall state the time, place and objects of such 
meeting or election. 

§ 8. The board of trustees shall appoint a clerk of 
their board, a town surveyor and one street or road com- 
missioner in each ward, and provide for their compensation. 
They shall be judges of the qualifications, returns and elec- 
tions of their members, and of all other officers of the town. 
They shall liavo power to fill all vacancies in the board 
occasioned by death, resignation or six months absence 
of any member thereof. A majority shall constitute a board 
to do business, but a smaller board may adjourn from day 
to day, may compel the attendance of absent members, 
and under such penalty as the board may provide. They 
may determine their rules of proceedings, and make such 
other needful rules and regulations for their own govern- 
ment as tliey may deem expedient. 

Special meetings. 5 9. The president of the board of trustees shall have 
full power to call special meetings of the board, whenever 

President to be ea; Jn liis opiniou the Dublic good shall require it. He siiall 

o,//iCio Justice of I , • -1 J • • 1 • • ]• X- -i-l • A- 

the peace. oave concurreut civil and criminal jurisdiction witli justi- 
ces of the peace under the provisions of this act, within 
the limits of the corporation, and shall receive the same 
compensation for his services. 

Board of election. ^ jQ. Two trustees elected in each ward, and a clerk 
elected by them, shall constitute the board of electors in 

Clerk. such Ward. They (the said trustees) shall appoint one 

clerk of election at the time and place of each election. 

Oaths. who shall be sworn by one of said trustees before entering 

on such office, faithfully to perform the duties of the same, 
and the said trustees shall, in like manner, before entering 
upon their aforesaid duties, be sworn faithfully to discharge 
their duties as officers of such elections ; such oath to be 
administered by a justice of the peace, if present, other- 
wise by the clerk, after he shall have first been duly sworn. 

Maimer of eiec- One of Said trustecs shall also act as a clerk at each elec- 
tion, at the close of which the said officers shall compare 
the poll-books and certify the results as found by them, and 
shall seal up and return such certificate and one of said 
poll-books to the board of trustees of said corporation at 
its next regular meeting, and the other poll-book shall be 
retained by one of said officers of election, to be deter- 
mined by said board. 

aegtiiar meet- ^ n^ The board shall hold a regular meeting to deter- 
mine and decide upon elections the next Monday following 
every general or special election, and they shall also meet 



157 1852. 

regularly, for the transaction of business, on the third Mon- 
day of April, July, October and January of each year. 

§ 12. Tile board of trustees shall liave power to levj" faxes. 
and collect taxes for general purposes, annually, upon all 
real and personal estate within said town, to the amount of 
seventy cen^s on the hundred dollars upon the assessed ^iieir limit. 
value thereof ; to make regulations to secure the general "'^''''"^• 
healtii of the inhabitants; to prevent and remove nuisan-><'"isances. 
ces ; to restrain cattle, sheej), hogs or dogs running at c;^'"'^' dogs, &c. 
large ; to erect and keep in repair bridges ; to license and^^'s^s- 
regulate auctions, taverns, groceries, theatrical and other ^™^j'=^™|™»y^<' 
shows, billiard tables, ball alleys and otiier amusements ; 
to restrain and prohibit gambling houses and other disor- i^i^oriicriy houses 
derly houses; to prevent the shooting of fire arms within ^''"^ '■"■"'». 
the limits of the corporation; to establisli and erect mar-"'^''"'^''^- 
kets ; to open and keep in repair streets and avenues, ^''"'^'^*^'*^'^ 
lanes, alleys, drains and sewers; to establish and regulate ^""'^'^'^p'""*™'^"'' 
a fire department; to provide for the prevention and ex- ^''■'^** 
tinguishment of fires ; to dig wells and erect pumps in the '^^'eiis and pumps . 
streets, for the convenience of the inhabitants ; to regulate ^""i'o^<i>^'r. 
the storage of gunpowder and other combustible materials, 
and from time to time to pass such ordinances to carry into ordinances. 
effect the provisions of this act, and the powers hereby 
granted as the good of the inhabitants may require, and 
may impose appropriate fines and forfeitures for the breach F'°'^S' ^c. 
of any ordinance and provide for the collections thereof. 
The president of the board of trustees, or any justice of J'l'i^riijtion a 
the peace within said corporation, shall have jurisdiction 
to hear and determine all cases arising under or growing 
out of the by-laws and ordinances made in pursuance of 
this act of incorporition, and appeals may be taken and Appeals. 
writs of certiorari adowed from such decision, in the same 
manner as now is or hereafter may be provided by law for 
appealing from decisions of justices of the peace. 

§ 13. Upon the application of the owners of two-thirds construction of 
of the real estate upon any street, or in any block or blocks 
or half blocks, it shall be lawful for the board of trustees 
to pass an ordinance requiring the owners of lots bounding 
upon such street or situate in such block, blocks or half 
block to construct a side walk in front of their respective 
lots, in such manner and of such material and within such 
time as shall be specified in such ordinance, and the said 
board [shall] provide in such ordinance for the payment to 
the owner of such real estate, upon completion of such 
walk, of any sum not exceeding one-fourth of the costs 
thereof, to be estimated and specified in such ordinance : 
And provided^ further, that the owners of real estate shall rrovis>. 
in all cases be required to bear at least three-fourths of 
the expense of constructing side walks in front of their 
premises : *dnd provided, further, that if any person shall ^"'■''^®'" ri"ovipo. 



1852. 



158 



Regulation of 

streets. 



New streets. 



Appraisers. 



Rule of appraise- 
ment. 



Payment of dam- 
ages. 



Neglect to pay 
taxes. 



Advertisement. 



Pulilicilion of or' 
dinances. 



Redemption of 
real property. 



fail to construct a side walk in front of his premises, in the 
manner and witliin the time specified in such ordinance, 
the trustees shall order the collecting officer of said cor- 
poration to collect from said delinquent a sum of money 
equal to the whole cost of such side walk, to be estimated 
or specified in such ordinance. 

§ 14. The board of trustees shall have power to regu- 
late, grade, pave and improve the streets, avenues, lanes 
and alleys within the limits of said town ; to lay out new 
streets and roads, and to open, extend, widen, narrow or 
abrogate any street or any road, on the petition of two- 
thirds of the property holders on each side of the street or 
road so proposed to be altered or abrogated, making the 
person or peisons injured thereby adequate compensation, 
to ascertain which tiie board shall cause to be summoned 
six good and lawful m.en, freeholders and inhabitants of 
said town, not directly interested, who being first duly 
sworn for that purpose, shall inquire into and take into 
consideration as well the benefits as the injuries that may 
accrue, and estimate and assess the damages which would 
be sustained by any such y^ersons by the proposed altera- 
tion; all of which shall be certified by such appraisers to 
the board of trustees, who shall cause all damages afore- 
said to be paid out of the town treasury, before making 
any such change or alteration : Provided^ that the per- 
sons who may be injured, or who may claim damages there- 
for, shall have three days' notice of the time and place of 
making such appraisal, whose decision shall be final. 

§ 15. That whenever the owners of any lot or piece of 
ground within the limits of said corporation shall neglect 
or refrain to pay the tax or taxes levied on the same, 
whether for side walk or general purposes, when they may 
become due, it shall be the duty of the president to adver- 
tise the same for non-payment, either in a newspaper 
printed in said town, or by posting up in three of the most 
public places in said town, for the space of sixt)' days, and 
on further failure of payment thereof and costs, to sell at 
the expiration of said sixty days, at public sale, said lot or 
parcel of ground to pay said taxes and the costs and ex- 
penses of collection. 

§ 16. All ordinances shall, within ten days after their 
passage, be published in a newspaper, if one is printed in 
the town, or by posting in three of the most public places 
in said town. 

§ 17. When any real estate in said town shall be sold 
for non-payment of taxes, by authority of said corporation, 
said lands may be redeemed in the time that other lands 
sold for county or state taxes are redeemed, by virtue of 
the laws of this state, upon paying the treasurer of the 
board, for the use of the purchaser, double the amount of 



159 1852. 

taxes foi" which the same were sold, together with the costs Tax titus. 
accruing on such sale. Lands not redeemed under such 
sale shall be conveyed by special warrantee, under the seal 
of the corporation; such deed to be signed by the president 
and clerk of the corporation. 

§ 18. All lots of land or parcels of ground in said town 
set apart for public purposes, or which have been oi' may 
be conveyed by the original proprietors thereof to the in- 
habitants of said town in their arrsrreo-ate capacity, or to 

_,, . -, ^. ^ ^^ ^ ^ - J i *This section 

tlie said corporation or to any person or persons in trusts tands thus in 
for them or for their use. * '^' '""'"''"^ ^''''' 

§ 19. The president and trustees and other officers Oath of oracc. 
of the corporation shall, before entering upon the duties of 
their respective offices, take an oath or affirmation before 
some judge or justice of the ])eace, to support the consti- 
tution of the United States and of this state, and faithfully 
discharge the duties of their several offices. 

{^ 20. Tiie president and trustees sliail liave the same Koad taxes, 
power to levy a property and per capita tax for road pur- 
poses as is now conferred by law upon county courts or 
road commissioners, and for this purpose their jurisdiction 
shall extend over all persons and property within said cor- 
poration, and to all persons within one half mile from said 
corporation on the public roads leading therefrom; and it shall 
bo the duty of said board of trustees to provide for working 
and to keep in repair all j3ublic liighways leading from said 
town for the distance of one half mile from the east, south 
and west boundaries of said corporation and on the north 
to the township line of township forty-four, range seven; 
and the inhabitants taxed or subject to taxation by said 
corporation for road purposes shall not be liable to other 
similar taxation by the county or township for road pur- 
poses. 

§ 21. For the purpose of organization said town under Organization, 
the provisions of the charter an election shall be held in 
each of the wards of said town en the iirst Monday of 
August next, and the qualified voters thereof may proceed 
to vote for a president of said town, three trustees in each 
of the two wards, one treasurer and a town constable. 
Said election shall beheld in the southward at the dis- Places of election. 
trict school house in said ward, and in the north ward at 
the court house; George W. Bently and Lindsey Joslyn Judges, 
siiall be the judges of said election in the south ward, and 
Joseph Golder and Henry M. Wait shall be judges of said 
election in the north ward. Said judges of election shall Mode of election. 
conduct the same agreeably to the provisions of this act 
and the laws of this state regulating elections, and the said 
judges shall make return of said election, duly certified, Retiu-us. 
with the poll-books, to the clerk of the county court of 
McHenry county the next day after such election, and 



1852. 160 

Canvass. Said clerlc, together with two justices of the peace of said 

county, shall proceed to open said returns and canvass 
said votes, and the person having the greatest number of 
votes for the office of president shall be duly elected, and 
the persons in each ward who shall have the highest num- 
ber of votes for trustees shall be duly elected trustees 
for said wards, respectively, and the person having the 
highest number of votes for treasurer shall be duly elected, 
and likewiise the person having tiie highest number of votes 
for constable shall be duly elected. If more than three 
Tie. persons in the respective wards shall have an equal and 

higlier number of votes for trustees, the said clerk and 
justices shall proceed to determine by lot which of said 
persons in the respective wards shall be trustee or trustees, 
and in like manner shall determine by lot, in case two or 
more persons sliall receive an equal and highest number of 
votes for the offices of president and treasurer and consta- 
ble, which of said persons so receiving an equal number of 
votes shall be entitled to such offices, respectively ; and 
said clerk and two justices shall make an abstract of the 
returns of said election, certifying under their hands, and 
deliver the same to the person who shall be elected presi- 
dent, and the said president shall thereupon notify the per- 
Meeting of triis- sons who are elected trustees, and the other officers, of 
^'^'^^' their election, and who shall appoint a time and place for 

said trustees to meet for the purpose of organizing said 
board. 
President to be f a; § 22. The president shall be ex officio a member of the 
vfor? "^ ^'^'^^'^' board of supervisors of McHenry county, and shall have 
the same powers as any other member of said board, and 
receive the same compensation for the same services. 
Act wtien to taice § 23, It is further enacted, that this act shall not take 
eifect. effect and be in force until after the same shall have been 

first submitted to a vote of the legal voters residing or 
owning real estate within the limits of said corporation, as 
described in section two of this act, and decide in favor of 
the acceptance of this act of incorporation, by a majority 
Time of voting, of said voters voting in favor thereof. Said election to be 
held at the court house in said town of Woodstock, on 
Monday, the twenty-sixth day of July, A. D. one thousand 
eight hundred and fifty-two. The clerk of the circuit 
court of said county, together with any two justices of 
Judges. the peace of the town of Dorr, in said county of McHenry, 

shall be the judges of said election, who shall appoint their 
clerk, and be sworn in the same manner as is now provided 
for the swearing of other judges and clerks of elections 
Polls wiien open- under tiic provisious of this act. The poll-books shall be 
"''■ opened for the reception of votes at this election (as well 

as all subsequent elections) at one o'clock P. M., and 
continue open until six o'clock the same day, and within 



161 1852. 

one day after the closing of said polls the said judges shall 
transmit an abstract of the votes, together with one of the 
poll-books, to the clerk of the county court of said county, 
who shall, together with the justices of the peace of said 
town of Dorr, proceed to open and canvass said votes, 
within three days after said returns shall be received by 
him, and said canvassers shall file a certificate of the 
result of said election, showing the number of votes for 
and the number of votes against accepting this act, with • 
the clerk of the said county court; and in case the majority 
of votes cast at such election shall be in favor of accepting 
tliis act, tlien this act shall be in force and take effect from 
and after the filing of said canvassers' certificate. Notice noOoo. 
of the time and place of said election shall be given by tiie 
county clerk of said county, by posting three written or 
printed handbills in the most public places in said town, at 
least five days previous to the day of said election: Pro- Proviso. 
vided, further^ tliat if a majority at said election shall not 
vote in favor of accepting this act, that the same may be 
voted upon again, whenever thirty legal voters of said 
town shall file a written request with the county clerk to 
call another election, who shall thereupon call anotiier elec- 
tion and post up notices as before, calling said election 
within ten days, which said election shall be conducted m 
the same manner as the first. 
Approved June 22, 1852. 



AN ACT lo charter the city of Joliet. in forcp June 22. 

1852. 

Section 1. Be it enacted by the people of the State oj 
Illinois^ represented in the General Assemhltj, That the 
inhabitants of the town of Joliet, in the county of Will,c°''P°^«*»°"' 
and state of Illinois, be and they are hereby constituted a 
body politic and corporate, by the name and style of '' The ^'y'*'- 
city of Joliet," and by that name shall have perpetual suc-g^j^ggggj^j, 
cession, and may have and use a common seal, which theygeai. 
may change and alter at pleasure. 

§ 2. All that district of country embraced within the Boundaries, 
following limits, to wit, all of section sixteen and all of 
section nine, and the west half of section ten and tiie west 
half of section fifteen, in township thirty-five north, of 
range ten east, lying in the county of Will, embracing the 
present town of Joliet and its additions. 

§ 3. In case a majority of the people shall be for in- commissioDcw. 
corporation, the following named persons, citizens of the 
town of Joliet, to wit, Edmund Wilcox, Cornelius C. Van 
rn, Richard Doolittle, W. C. Wood, Geo. W. Caseady, 
11 



1852. 



162 



General powers. 



M. K. Brownson and O. H. Haven, or a majority of them, 
shall meet at the court house in Joliet on tlie second Mon- 
day of July next, and divide the said city of Joliet into 
five wards, as nearly equal in population as practicable, 
particularly describing the boundaries of each,' and appoint 
three judges of elections in each of said wards, and ap- 
point the day of said election, and give at least ten days' 
notice in the public newspapers of said city of Joliet, and 
locate the places for holding the elections in each ward. 

§ 4. The inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to plead 
and be impleaded, defend and be defended, in all courts of 
law and equity, and in all actions whatever ; to purchase, 
receive and hold property, real and personal, in said city; 
to purcliase, receive and hold property, both real and per- 
sonal, beyond the city, for burial ground, and for other 
purposes for the use of said inhabitants of said city ; to 
sell, lease and convey or dispose of property, and to do all 
other things in relation thereto as natural persons. 



ARTICLE IT. 



Ctty council. 



Board of alder- 
men- 



Quallflcations. 



Classes o£ alder- 
men. 



Ccrancll to Judge 
of qualification 
of members. 



Quorum. 



Btffes of proceed- 
ings. 



§ 1. There shall be a city council, to consist of a mayor 
and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem- 
bers from each ward, to be chosen by the qualified voters, 
for two years. 

§ 3. No person shall be an alderman unless at the time 
of his election he sliall have resided six months within the 
limits of the city, and shall be at the time of his election 
twenty-one years ot age and a citizen of the United States. 

§ 4. If an alderman shall, after his election, remove 
from the ward for which he is elected, his office shall be 
thereby declared vacated. 

§ 5. At the first meeting of the city council the alder- 
men shall be divided by lot into two classes, the seats of 
those of the first class shall be vacated at the expiration of 
the first year, and of the second class at the expiration of 
the second year, so that half of the board shall be elected 
annually. 

§ 6. The city council shall judge of qualifications, 
elections and returns of their own members, and shall de- 
termine all contested elections. 

§ 7. A majority of the city council shall constitute a 
quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such penalties as may be prescribed by ordi- 
nance. 

§ 8. The city council shall have power to determine 
the rule of its proceedings, punish its members for disor- 



163 1852. 

derly conduct, and with the concurrence of two-thirds of 
the members elected, expel a member. 

§ 9. The city council shall keep a journal of its pro- joumai. 
ceedings, and from time to time publish the same, and the 
ayes and nays, when demanded by any member present, 
shall be entered upon the journal. 

§ 10. No alderman shail be appointed to any office un- Restriction. 
der the authority of the city, which shall have been created 
or the emoluments of which shall have been increased du- 
ring the time for which he shall have been elected. 

§ 11. All vacancies that shall occur in the board of'^''^on°c'«85 i^ow 
aldermen shall be filled by election. * 

§ liJ. The mayor and each alderman, before entering o:uu of onice, 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will well and truly 
perform the duties of their office, to the best of their skill 
and ability. 

§ 13. Whenever there shall be a tie in the election ofTie,how(i6ciaed. 
aldermen, the judges of election shall certify the same, 
who shall determine the same by lot in such manner as 
shall be provided by ordinance. 

§ 14. There shall be twelve stated meetings of the city ^^"^""^ meetings. 
council in each year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE III.— 0/ the Chief Executive Officer. 

I 

^ § 1. The chief executive officer of the city shall be ajiaj-or. 

mayor, who shall be elected by the qualified voters of the 
city, and shall hold his office for one year and until his suc- 
cessor shall be elected and qualified. 

§ 2. No person shall be eligible to the office of mayor Qualification of 
who shall not have been a resident of the city for one year ""^''"'• 
next preceding his said election, or who shall be under 
twenty-one years of age, or who sliall not at the time of 
his election be a citizen of the United States. 

§ 3. If any mayor, during the time for which he shall office of mayor, 
have been elected, remove from the city, his office shall be ^ o°"^*<^e . 
vacated. 

§ 4. When two or more persons shall have an equal tio. 
number of votes for mayor, the judges of elections shall 
certify to the city council, who shall proceed to determine 
tlie same by lot in such manner as may be provided by or- 
dinance. 

§ 5. Whenever an election of mayor shall be contested, contested ciee- 
the city council shall determine the same in such manner """• 
as may be prescribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office vacancy, how m- 
of mayor it shall be filled by election. ^'^' 



1852. 164 

ARTICLE lY.— Of Elections. 
5 1. On the first Saturday of April next, an election 

Rctvrns. . t 

shall he held in each ward of said city, for two aldermen 
for each ward, and forever thereafter, on the first Saturday 
of A})ril of each year, there shall be an election for one 
mayor for the city, and one alderman for each ward. The 
first election for mayor and aldermen shall be held and con- 
ducted and returns thereof made as is now provided by 
law for the conducting the general elections of this state, 
and the clerk of the county court of Will county shall 

Qualification of make returns of* tlie election of mayor to the governor of 
the state, in the same manner as is now directed to be 
done for other justices of the peace elected for the county. 
The second election shall be lield, conducted and returns 
thereof made as may be provided by ordinance. 

pj.q^^5o, § 2. All free white male inhabitants over the age of 

twenty-one years who are entitled to vote for state officers, 
and who shall have been actual residents of said city 
ninety days next preceding said election, shall be entitled 
to vote for city officers : Provided^ that said voters shall 
give their votes for mayor and aldermen in the wards in 
which they shall respectively reside and in no other, and 
that no vote sliall be received at any of said elections unless 
the person offering such vote shall have been an actual 
resident of the ward where the same is offered at least ten 
days next preceding such election. 

ARTICLE Y.— Of the Legislative Powers of the City 

Cotincil. 

Power of council. .^ 1. The city council sliall have power and aiithority 
to levy and collect taxes upon all property, real and per- 
sonal, witliin the limits of the city, not exceeding one per 
cent, per annum upon the assessed value thereof, and may 
enforce the payment of the same in any manner to be pre- 
scribed by ordinance, not repugnant to the constitution of 
the United States and of this state. 

Clerk and treasn- § ^' '^^'^ ^^^^ council shall havc powcr to appoint a 

ler. clerk, treasurer, assessor, marshal, supervisors of streets 

and such officers as may be necessary. 

Official bonds. § ^- The city council shall have power to require of 

all officers appointed in pursuance of this charter, bonds 
with penalties and securities for the faithful performance of 
their respective duties, as may be deemed expedient, and 
also to require all officers appointed as aforesaid to take 
an oath for the faithful performance of the duties of tiieir 
respective offices, before entering on the discharge of the 

Schools. same; to establish, support and regulate common schools; 

Proviso. to borrow money on the credit of the city : Provided, that 



Orttb. 



165 1852. 

no such sum or sums of money shall be borrowed at a 
greater rate of interest than at ten per cent, per annum, 
nor shall the interest on the aggregate of all the sums bor- 
rowed and outstanding ever exceed one half of the city- 
revenue arising from taxes assessed on real property within 
tlie limits of the corporation. 

§ 4. To appropriate money and provide for the pay- "ebts ami experi- 
ment of the debts and expenses of the city. 

§ 5. To make regulations to prevent the introduction Contagious dis-> 
of contagious diseases into the city; to make quarantine '^^'"^* 
laws for that purpose, and enforce the same within live 
miles of the city. 

§ 6. To establish hospitals and make regulations for ^'^'i'"*'^- 
the government of the same. 

§ 7. To make regulations to secure the general health neaith. 
of the inhabitants ; to declare what shall be a nuisance, Nuisances. 
and to prevent and remove the same. 

§ 8. To dig wells and provide the city [with water ;] ™' ^J"™"^'' 
to erect hydrants and pumps in the streets, for the conve- 
nience of the inhabitants. 

§ 9. To open, alter, abolish, widen, extend, establish, ^*'®'''^*'^''- 
grade, pave or otherwise improve and keep in repair, 
streets, avenues, lanes and alleys. 

§ 10. To establish, erect and keep in repair bridges. Bridges. 

§ 11. To divide the city into wards, alter the bounda- w^^rds, 
ries thereof, and erect additional wards, as the occasion 
may require. 

§ 12. To provide for lighting the streets and erecting ^'s^i*^^ andiam? 
lamp posts. 

13. To erect market houses, to establisli markets and ^arkotB. 
market places, and to provide for the government and reg- 
ulation thereof. 

§ 14. To provide for the erection of all needful build- ^iwic buildings. 
ings for the use of the city. 

§ 15. To provide for inclosing, improving and regula- puwic grounds. 
ting all public grounds belonging to tiie city. 

§ 16. To license, tax and regulate auctioneers, mer- Grocers, &e. 
chants, retailers, grocers, taverns, ordinaries, hawkers, 
pedlers, brokers, pawnbrokers and money-changers. 

§ 17. To license, tax and regulate hackney carriages, °'''^ys'*'=- 
wagons, carts and drays, and fix the rates to be charged for 
the carriage of persons, and for the wagonage, cartage and 
drayage of property within the limits of said city. 

§ 18. To license and regulate porters and fix the rate Porters. 
of portage. 

§ 19. To license, tax and regulate theatrical and other snows, &o. 
exhibitions, shows and amusements. 

§ 20. To tax, restrain, prohibit and suppress tippling Dram shops, &c. 
houses, dram shops, and gaming houses, and bawdy houses, 
and other disorderly houses, but not to license any house or 



1852. 



166 



Fires. 
Chimneys. 
Gunpowder. 
Walls and fences. 
\7e!gTits, &c. 



Lumber and me- 
ctianical work. 



Hay, coal, &c. 



City offloers. 



Compensation 
and fees. 



Police and fines. 



Billiard tables. 



Ordinances. 



Style of ordinan- 
ces. 



Publication of or- 
dinances. 



place for the sale of intoxicating drinks of any kind as a 
beverage. 

§ 21. To provide for the prevention and extinguishment 
of fires, and to organize and establish fire companies. 

§ 22. To regulate the fixing of chimneys and the flues 
thereof. 

§ 23. To regulate the storage of gunpowder, tar, pitch 
and other combustible materials. 

§ 24. To regulate and order parapet walls and partition 
fences. 

§ 25. To establish standard weights and measures, and 
regulate the weights and measures to be used in the city 
in all cases not provided by law. 

§ 26. To provide for the inspection and measuring of 
lumber and other building materials, and for the measure- 
ment of all kinds of mechanical work. 

§ 27. To provide for the inspection and weighing of 
hay and stone coal, the measurement of charcoal, fire 
wood and other fuel to be sold or used within the city. 

§ 28. To regulate the weight, quality and price of 
bread to be sold and used in the city. 

§ 29. To provide for the taking enumerations of the 
inhabitants of the city. 

§ 30. To regulate the election of city officers, and pro- 
viding for removing from office any person holding an office 
created by ordinance. 

§ 31. To fix the compensation of all city officers, an.d 
regulate the fees of jurors and witnesses and others, for ser- 
vices rendered under this act or any ordinance. 

§ 32. To regulate the police of the city, to impose fines 
and forfeitures and penalties for the breach of any ordinance, 
and to provide for the recovery and appropriation of such 
fines and forfeitures and the enforcement of such penalties. 

§ 33. The city council siiall have exclusive power 
within the city, by ordinance, to suppress and restrain bil- 
liard tables. 

§ 34. The city council shall have power to make all 
ordinances which shall be necessary and proper for carry- 
ing into execution the powers specified in this act, so that 
such ordinance be not repugnant to nor inconsistent with 
the constitution and laws of the United States or of this 
state. 

§ 35. The style of the ordinances of the city shall be, 
"Be it ordained by the city council of the city of Joliet." 

§ 36. All ordinances passed by the city council shall, 
within one month after they shall have been passed, be pub- 
lished in some newspaper published in the city, and shall 
not be in force until they shall have been published as afore- 
said. 



167 1852. 

§ 37. All ordinances of the cit)' may be proven by tlie 0"^'"'^nces, iiow 
seal ot the corporation ; and when printed and publisiied in 
pamphlet or book form, and purporting to be printed and pub- 
lished by authority of the corporation, the same shall be re- 
ceived in evidence in all courts and places without further 
proof. 

ARTICLE Yl—Offhe Mayor. 

§ 1. The mayor shall preside at all meetings of the city Mayor to preside. 
council, and shall have a casting vote and no other. In 
case of non-attendance of the mayor at any meeting, the 
board of aldermen sliall appoint one of their number chair- 
man, who shall preside at said meeting. 

§ 2. The mayor or any two aldermen may call special ^pec'^i meetings. 
meetings of the city council. 

§ 3. The mayor siiall at all times be active and vigilant Duty of mayor. 
in enforcing the laws and ordinances for the government of 
the city. He shall inspect the conduct of all subordinate 
officers of said city, and cause negligence and positive vio- 
lation of duty to be prosecuted and punished. He shall 
from time to time communicate to the aldermen such infor- 
mation and recommend all such measures as in his opinion 
may tend to the improvement of the finances, the police, the 
health, security, comfort and ornament of the city. 

§ 4. He is hereby authorized to call on every male in- P°®se. 
habitant of said city, over the age of eighteen years, to aid 
in enforcing tiie laws and ordinances, and in case of a riot 
to call out the militia to aid him in suppressing the same or 
in carrying into eflect any law or ordinance, and any person 
who shall not obey such call shall forfeit to said city a fine 
not exceeding five dollars. 

§ 5. He shall have power, whenever he may deem it i^^^i"''* of book-?, 
necessary, to require of any of the officers of said city an 
exhibit of his books and papers. 

§ 6. He shall have power to execute all acts tiiat mayKtecution of or- 
e required of lum by any ordinance made in pursuance ot 
this act. 

§ 7. He shall be commissioned by the governor as a commission ot 
justice of the peace for said city, and county of Will, and as "^'^y°''- 
such shall be a conservator of the peace for the said city, 
and county of Will, and shall have power and authority to 
administer oaths, issue writs and process under his seal, to 
take depositions, the acknowledgment of deeds, mortgages 
and all other instruments of writing, and certify the same 
under the seal of the city, which shall be good and valid in 
law. 

§ 8. He shall have and exercise jurisdiction in all cases Juridictior. 
arising under the ordinances of the corporation, and concur- 
rent jurisdiction with all other justices of the peace in all 



1852. 168 

civil and criminal cases within the limits of the city, and 
county of Will, arising under the laws of the state of Illinois, 
and sliall receive the same fees and compensation for his 
services in similar cases. 

§ 9. He shall also have such jurisdiction as may be 

yoHd'cJty. vcstcd in him by ordinances of the city, in and over all pla- 
ces within five miles of the boundaries of the city, for the 
purpose of enforcing the health and quarantine ordinances 
and regulations thereof. 
ladictm nt nnd § ^^- ^^ ^^^^ ^^^^ mayor sliall at any time be guilty of a 

removai of may- palpable omission of duty, or shall wilfully and corruptly be 
guilty of oppression, malconduct or partiality in the dis- 
charge of the duties of his office, he shall be liable to be in- 
dicted in the circuit court of Will county, and on conviction 
shall be fined not more tlian two liundred dollars, and tlie 
court shall have power, on the recommendation of the jury, 
to add (o the judgment of the court that he be removed 
from office. 

ARTICLE VII. 

Private property § ^- Whcu it shall bocome uccessary to take private 
for public use. property for opening, widening or altering any public 
street, lane, avenue or alley, the corporation shall make a 
just compensation to the person whose property is so taken ; 
and if the amount of compensation cannot be agreed on, the 
mayor shall cause the same to be ascertained by a jury of 
six disinterested freeholders of th§ city. 

opeu4ng of § ^' When the owners of all the property on a street, 
streets. lane, avenue or alley proposed to be opened, widened or 

altered shall petition therefor, the city council may open, 
widen or alter such street, lane, avenue or alley upon con- 
dition to be described by ordinance ; but no compensation 
shall in such case be made to those whose property shall be 
taken for the opening, widening or altering such street, lane, 
avenue or alley, nor shall there be any assessment of bene- 
fits or damages that may accrue thereby to any of the petir 
tioners. 

Jurors to ix> § '^^ ^^^ jurors empanncllcd to inquire into the amount 

sworn. of benefits or damages which shall happen to the owners of 

property proposed to be taken for opening, widening or al^ 
tering any street, lane, avenue or alley, the jury shall first 
be sworn to that effect, and shall return to the mayor their 
inquest in writing, and signed by each juror. 

Rule of damages. ^ '^' ^^ ascertaining the amount of compensation for 
property taken for opening or widening or altering any 
street, lane or alley, the jury shall take into consideration 
the benefit as well as the injury happening by such open- 
ing, widening or altering such street, lane, avenue or alley. 



169 1852. 

5 5 The mavor shall have power, for good causes Power of mayo'" 
shown, within ten days after any inquest shall liave been re- sessmmt. 
turned to him as aforesaid, to set the same aside and cause 

a new inquest to be made. 

§ 6. The city council shall have power, by ordinance, special tases. 
to levy and collect a special tax on the holders of the lots in 
any street, lane, alley or avenue, or part of any lane, ave- 
nue or alley, according to their respective fronts owned by 
them, for the purpose of paving and grading the side walks, 
and lighting said street, lane, avenue or alley. 

ARTICLE VIII. — Miscellaneous Provisions. 

§ 1. The inhabitants of the city of Joliet are hereby ex- Exemption ttom 
cTTipted from working on any road beyond the limits of the 
cit}', and from paying any tax to procure laborers to work 
upon the same. 

§ 2. The city council shall have the power, for the pur- Road latorwith- 
pose of keeping the streets, lanes, avenues and alleys in re- '" '^'^y ^i™'**- 
pair, to require every male inhabitant in said city, over 
twenty-one years of age, to labor on said streets, lanes, ave- 
nues and alleys, not exceeding three days in each and every 
year ; and any person failing to perform such labor, when 
duly notified by the supervisor, shall forfeit and pay the 
sum of one dollar per day for each day so neglected or re- 
fused. 

6 3. The city council shall have power to provide for P^'^'sh^ent of 

I'l rr-i !• • •! offenders. 

the punishment ot offenders by imprisonment in the county 
Qi" city jail, in all cases where such offenders shall fail or 
refuse to pay the fines or forfeitures which may be recovered 
against them. 

§ 4. The city council shall cause to be published annu- ^Jip'ts"and 'e*^- 
ally a full and complete statement of all moneys received penditures. 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 5. All suits, actions and prosecutions instituted, com- ^"„ig'(j^°^ '"*^' 
menced or brought by the corporation hereby created, shall 
be commenced and prosecuted in the name of the city of 
Joliet. 

§ 6. Appeals shall be allowed from decisions in all ca- ^^^^'^ 
ses arising under the provisions of this act, or any ordinance 
passed in pursuance thereof, to the circuit court of Will 
county ; and every such appeal shall be taken and granted 
in the same manner and with like effect as appeals are taken 
from and granted by justices of the peace to the circuit 
court under the laws of this state. 

§ 7. This act is declared to be a public act, and may bePntucact, 
read in evidence in all courts of law and equity within 
this^ state, without proof. 



1852. 170 

First mayor. § 8. The mayor elected at the first election shall hold 

his office until the first ^ aturday of April, in the year 1854, 
and until his successor is elected and qualified. 

Process issued by § 9. Tliecity marshal, or any other officer authorized 
™'^^'"' to execute writs or other process issued by the mayor or 

any other justice of the peace in the county of Will, shall 
have power to execute the same anywhere within the lim- 
its of the county of Will, and shall be entitled to the same 
fees for traveling as are allowed to constables in similar 
cases. 

Fees of mayor. § 10. The mayor shall receive the same fees in all cases 
that are allowed to magistrates in similar cases. 

Vote on accep- § 11. On the first Monday of July an election shall be 

tance ost' this act. 1 ijj.ii i.1 -iij. r t ^• i • c 

held at the court house in the town of Joliet, as in case oi 
special elections, and ballots shall be received from all the 
inhabitants, legal voters within the limits herein described, 
which ballots shall be "for incorporation" or "against 
incorporation ; " and if a majority of the said electors vo- 
ting at said election shall vote "for incorporation," then 
the provisions of this bill shall be in force, but if a majority 
shall vote " against incorporation" then the provisiojis 
herein shall be null and void. 

§ 12. This act to take eflfect on its passage. 

Approved June 22, 1852. 



m force JuDe22, AN ACT to amend the charter of the Aurora Branch Railroad companv- 
1852. ^ ■' 

Section 1. Be it enacted hy the people of the State of 
lUinoi-, represented in the General Jiasemhly^ That thie 

Extension of road company incorporated by an act entitled "an act granting a 
charter to the Aurora Branch Railroad company," approved 
February 12, 1849, be and it is hereby authorized to extend 
its road from Aurora, in Kane county, crossing Fox river 
at a point not farther south than the present mill-dam across 
Fox river, in the village of Aurora, in said county, in tire 

Route. most direct practicable line ; thence in a southwesterly di- 

rection, on the most direct practicable route, to a point of 
at least fifteen miles north of La Salle, and where such ex- 

latersectton. tension may intersect any railroad built or to be built north- 
ward from the town of La Salle, in La Salle county, and 
there to form a connection with any such railroad. 

§ 2. The said company is hereby authorized to use and 

Bight of way. exercise all the powers for obtaining the right of way for 
the use of said company in the construction of said road that 
are given and expressed by the act to provide for a general 
system of railroad incorporations, approved November 5th, 



171 1852. 

1849; and the name of said company is hereby changed to Change of name. 
that of " Chicago and Aurora Railroad company." Said 
company is also authorized and empowered to increase its increase of stock. 
capital stock to a sum not exceeding two millions of dollars. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved June 22, 1852. 



AN ACT authorizing a vote to be taken by the voters of Grundy county, to In force June 22, 
raise a tax to construct a bridge across tne Illinois river at Morris, in said ^^^2. 

county. 

Section 1. Be it enacted by the people of the State of 
IlUnoifi, represented in the General JlssemhUj^ That it shall special tax an- 
be lawful for the legal voters of the county of Grundy, at ^'^""''^' 
the next or any general election thereafter of county or 
state officers, to vote for or against a tax for the purpose "'^ote. 
of building a bridge across the Illinois river at Morris. 
Notice of said vote shall be given at the same time and in^^"*^* 
the same manner as is required by law in case of such 
mentioned elections in this state. 

§ 2. Said vote shall be taken by ballot, upon which ^^^^"^ °"«*«- 
shall be written or printed, or partly written and partly 
printed, " For a bridge," or "Against a bridge." Returns Returns, 
of said vote shall be made to the county clerk, in the same 
manner as in case of elections of county officers. If it 
shall be found that a majority of the voters of said county 
voting upon the question have voted in favor of the bridge 
to be built by tax as aforesaid, then there shall be assessed Assessment. 
'ipon all the taxable property, both real and personal, in 
said county, an annual tax of one half of one per cent.,^''*®* 
which tax shall be collected in the same manner as other couection. 
taxes are collected, except that it shall be paid in money 
only; the money so collected shall be paid to the county 
treasurer, and shall be held by him subject to the order of 
the board of supervisors for the purposes of said bridge, 
but shall not on any pretence be appropriated to any other 
purpose whatever. 

§ 3. The tax hereby levied shall continue to be col- Contintumce of 
lected annually, until the sum of fifteen thousand dollars ^' 
shall have been raised, (provided that amount shall be re- Proviso. 
quired,) or until the entire cost of said bridge shall have 
been fully paid, should said amount not be required; after 
which said tax shall cease and shall no longer be levied or 
collected. 

§ 4. It shall be the duty of the board of supervisors ofResuitot eieo- 
said county, at their next meeting after the vote provided "°'^' 



1862. 



172 



for in sections 1 and 2 of this act shall have been taken, 
to ascertain the result of said votes, and if it shall appear 
that a majority of all the voters of said county voting up- 
on the question have voted in favor of said tax, they shall 

Collector's book, cause a Separate column to be added to each collector's 
book for the several towns in said county, headed " bridge 
tax," in which shall be set down, opposite to the name of 
each tax payer, the amount assessed on his or her taxable 
property, which shall be collected as other taxes, and paid 
over to the treasurer, as provided in section (2) two of 
this act. 

Bneineer. § 5. The Said board of supervisors shall, immediately 

after the result of the vote aforesaid shall have been ascer- 
tained, (in case the same shall be in favor of said tax,) 
employ a competent engineer or engineers to ascertain and 
fix upon the best location for said bridge, having referenae 
to durability, cost of construction and convenience of the 

^brwgef '^ community, and, by themselves or their agents, to make 
and enter into all necessary contracts for the completion of 
said work ; and the fund created by this act is liereby 
pledged for the payment of any and all sums of money 
which said board may by contract become liable for or 
agree to pay, for the purpose of constructing the work 
aforesaid, and effecting the object contemplated by this act. 
§ 6. The said bridge when completed is hereby de- 

^briSe!^ °* clared a public highway, and shall be free for all passeB^- 
gers to pass and repass with their property and efl'ects, 
without charge, toll or compensation, and shall forever re- 
main free, and no tolls or compensation shall, under any 
pretence, be charged for such passage. 

§ 7. The title to said bridge shall be vested in the 
county of Grundy, and the board of supervisors of said 
county shall take all necessary measures to keep the same 
in repair, and to prevent injuries thereto ; to impose and 
collect such fines and penalties as they may deem neces- 
sary, not inconsistent with the laws of this state, for the 
preservation of the same. They shall have power to pros- 
ecute all persons injuring the same, and shall be entitled to 
recover double the amount of damage occasioned thereby, 
before any court having jurisdiction thereof. All fines 
imposed for the preservation of said bridge may be col- 
lected by action of debt, in the name of the board of 
supervisors of said county, before any justice of the peace 
of said county, or any court having jurisdiction thereof, 
and all persons injuring or obstructing said bridge shall 
moreover be liable to indictment, and on conviction shall 
be punished as in other cases of obstructing, injuring, 
breaking down or destroying public highways or bridges 
within this state. 



173 1852. 

6 8. If after a vote hhall have been taken as provided subsequent vote* 
in sections one and two of this act, it shall be ascertained ken. 
that a majority of the legal voters of said county have 
voted against said tax, it shall be the duty of the clerk of 
the county court, upon petition of fifty legal voters of said 
county, to issue notices at any subsequent election, for the 
purposes mentioned in section one of this act. If at any Reservation. 
such subsequent election it shall be found that a majority 
of all legal voters voting at such election have voted in 
favor of said bridge, the same shall be built in the manner 
provided in this act. 

§ 9. The legislature hereby reserves the right to at 
any time hereafter declare a draw shall be made in the 
said bridge, of any width the legislature may direct, for 
the purpose of keeping up the navigation of the said river 
for all kinds of boats and purposes. 

Approved June 22, 1852. 



AN ACT making appropriations to pay the expenses of the present session in fore* Jnne 22, 
of the general assembly. ^^^^' 

Section 1. Be il enacted hy the people of the State of 
Illinois, rep7'esented in the General Assembly, That the Appropriattons. 
following appropriations be and the same are iiereby made 
to pay the expenses of the present session of the general as- 
sembly. 

§ 2. To the speaker of the senate and house of repre- speakers. 
sentatives, each the sum of three dollars per day for each 
day's attendance. 

§ 3. To each member of the senate and house of repre- ^"•i'^™' 
SCTitatives, tiie sum of two dollars per day for each day's at- 
tendance. 

§ 4. There shall be allowed to each of the members of-^'ieago. 
the general assembly, including the speakers of both houses, 
ten cents per mile for each necessary mile's travel in going 
to and returning from the seat of government- 

§ 5. There shall be allowed to the secretary and assis- cicrks, &,c. 
tant secretary of the senate, and to the clerk and assistant 
clerk of the house of representatives, each the sum of five 
dollars per day. 

5 6. To the sers:eant-at-arms and assistant serge ant- at- sergeant-at- 

i 111 1 J "ij anus, &c. 

arms of the senate, and tlie door-keeper and assistant door- 
keeper of the house of representatives, each the sum of five 
dollars per day. 

§ 7. To the eno-rossino- and enrollins: clerks of the sen- ^°sr°ssing 

o o o o /» 1 1 clerks. 

ate and house of representatives, each the sum of five dol- 
lars per day. 



1852. 



174 



Speaker to cer- 
tify. 



Governor's seC' 
retary. 



§ 8. To the assistant engrossing and enrolling clerks 
of the senate and house of representatives, each the sum of 
five dollars per day for the time actually employed, to be 
certified by the principal clerk, and to each person employ- 
ed by the enrolling and engrossing clerks of the senate and 
house of representatives, four dollars per day for the num- 
ber of days actually employed, to be certified by the princi- 
pal clerks. 

§ 9. The speaker of the senate shall certify the amount 
due each member and officer of the senate, except tlie 
amount due himself, which shall be certified by the sec- 
retary ; and the speaker of the house of representatives 
shall certify the amount due each member and officer of tlue 
house, except the amount due himself, which shall be certi- 
fied by the clerk ; which certificate shall be sufficient au- 
thority to the auditor of public accounts to issue his war- 
rants for the amount certified, to be paid out of any moneys 
in the treasury not otherwise appropriated. 

§ 10. That the sum of four dollars per day be allowed 
for the time actually employed for the hire of a clerk em- 
ployed in the executive department, during this special ses- 
sion, to be certified by the governor, and his certificate 
shall be sufficient evidence to the auditor, who shall issuB 
his warrant on the treasury for the same, and the said treas- 
urer shall pay the same out of any moneys not otherwise 
appropriated. 

§ 11. To each of the officers of the general assembly 
and private secretary of the governor, the same rate of mile- 
age that is allowed to the members. 

Secretary of state § 12. To the Secretary of state, the sum of two hundred 
dollars, for making index to the laws, journals and reports 
of the present session, and superintending the publication of 
the same. 

Expenses. § 13. The auditor of public accounts is hereby author- 

ized and required to issue his warrant on the treasurer in 
favor of any person who has performed any labor for the 
use of this session of the general assembly, furnished any 
stationery, printing paper, candles, or any other necessary 
thing, which shall be paid out of any moneys in the treasury 
not otherwise appropriated. 

Gray and Hosea. To J. F. Gray and E. Hosea, the sum of forty-six dollars 
and sixty-six cents, for copying the laws of the last general 
assembly for publication in the State Register, Sangamon 
Journal, and the Organ, under the joint resolutions of the 
two houses : Provided^ that the several amounts due as 
above mentioned shall be certified by the secretary of state 
and approved by the governor. 

ABsistant book-1 § 14. The auditor is authorized and required to pay the 
assistant door-keeper of the house of representatives the 
balance that may be due and remain unpaid on the appro- 



IDleage to offi- 
cers. 



keeper. 



I 



175 1862. 

priation for his services at the last session of the general as- 
sembly. 

§ 15. For postage, such amount as may be necessary to postage, 
cover tiie transmission by mail of a copy of the acts of the 
present session of the general assembly to each member and 
officer thereof, and also to each of the judges of the supreme 
and circuit courts, state's attorneys, clerks of the county 
courts and clerks of the circuit and supreme courts, which 
amount shall be certified by the secretary of state, and paid 
out of any money in the treasury not otherwise appropria- 
ted. Such copies shall be transmitted by mail as soon as Lawstobetrans- 
the same are published ; and it shall be t!ie duty of the sec- '^'''"' ''^ "''*"• 
retary of state to cause to be printed the number of copies 
of the laws, journals and reports of the present session, re- 
quired by existing laws, and to retain them in his office for 
distribution with tlie laws and journals of the next session 
of the general assembly. 

§ 16. To the publishers of the Sangamon Journal and Jwraaundreg- 
State Register, tlie sum of fifty dollars each, for printing in 
their respective papers, immediately after the adjournment 
of the legislature, the laws of a general character passed at 
this session ; and also reasonable compensation to such per- 
son as may be employed by the secretary of state to make 
copies of such laws for each of said papers, to be certified 
by the secretary of state. 

6 17. To Henry McMullan, for four days' services in ^en'"y ^cMuiian 

i J ■^ >j and otbcrs* 

filling up maps, eight dollars ; to same, for two days' servi- 
ces in computing swamp land list, four dollars; to B. Fer- 
gnson, for five days' service in computing swamp land list, 
five dollars ; to P. Smith, for four days' services in making 
maps, twelve dollars ; to same, for thirteen maps, six dol- 
lars and fifty cents ; to H. F. Ash, for four days' services in 
making maps, twelve dollars ; to T. Peake, for five days' 
services in computing swamp land list, ten dollars ; to 
Thomas O'Conner, the sum of one dollar and twenty-five 
cents per day for the time actually employed by him for 
the use of this session, to be certified by the secretary of 
state. 

§ 18. To each of the members of the select committee committee, 
appointed to visit the Insane Hospital, the sum of ten dol- 
lai'S to defray expenses. 

§ 19. That the sum of fifty dollars be appropriated to Clergymen. 
the clergymen who have officiated at this session of the le- 
gislature, to be divided among themselves, as they shall 
agree, according to the services rendered by each. 

Approved June 5^2, 1852. 



1852. 176 

In force June 22, AN ACT to charie;e the name of Joseph Lewis Breese. 

1S52. 

Section 1. Be it enacted by the people of the State of 
Illinois^ re/presented in the General Jissembly^ That the 
Change of name, name of Joseph Lewis Breese, a citizen of the county of 
Clinton, in this state, be and the same is hereby changed 
to Samuel Livingston Breese, and by that name he shall be 
hereafter known and called. 

This act to take effect from and after its passage. 

Approved June 22, 1852. 



In force June 22, AN ACT to amend chapter ninety-three of the Revised Statutes, entitled 
1852. ""Roads." 

Section 1. Be it enacted by the people of the State of 
Illinois^ represented in the General Assembly^ That if any 
Penalty, how re- person or persons shall obstruct any public road, in the 
covered. manner provided in section sixteen of the act to which 

this is an amendment, the penalty provided for in said sec- 
tion may be recovered either by an indictment or in an 
action of debt, before any justice of the peace of the 
county in which the offence was committed ; which action 
may be brought in the name of and upon the complaint or 
information of any person who may complain, one half to 
the informer, the other half to the use of the county. 
Proceedings, bow § 2. All suits, actions and proceedings necessary to be 
instituted. i^g^j upon any right or cause of action, for failures to per- 
form road labor, or pay road taxes, or to enforce any con- 
tract or promise, in reference to the opening or repairing 
public roads, shall be had in the corporate name of the 
Proviso. county v/herein the right of action accrued : Provided^ 

that no suit shall be dismissed on account of informality in 
the name of the plaintiff; but the court may, on applica- 
tion, permit the record to be so amended as to place the 
name of the proper plaintiff on the record. 

§ 3. So much of the act to which this is an amendment 
Repeal. qs couflicts h.ercwith is liereby repealed. 

Tliis act to be in force from and after its passage. 
Approved June 22, 1852. 



177 1852. 

AN ACT to regulate the times of holding courts in the fifth and twelfth ju- in force June 22, 
dicial circuits. '862. 

Section 1. Be it enacted hij the peojjle of the State of 
Illirwis, represented in the General Assembly, That the 
circuit courts of the several counties composing the fifth '^^'jy'^^j°[,j5|['|f^!"^ 
judicial circuit, shall be liolden at the times I'ollowing : cuit. 
the spring terms of said courts shall be holden in the 
county of Pike on the third Monday in March ; in the 
county of Brown on the second Monday in April ; in the 
county of McDonough on the third Monday in April ; in 
the county of Schuyler on the fourth Monday in April ; in 
the county of Mason on the first Monday in May ; and in 
the county of Cass on the second Monday in May. The 
fall terms of said courts shall be holden in the county of 
Pike on the second Monday in September; in the county 
of Brown on the first Monday in October; in the county 
of McDonough on the second Monday in October; in the 
county of Scluiyler on the third Monday in October; in 
the county of Mason on the fourth Monday in October; and 
in the county of Cass on the first Monday in November. 

§ 2. That liereafter the circuit courts shall be h0ldenini2ihciicv.it. 
in the twelfth judicial circuit, at the county seats of the 
the respective counties, at the times following, to wit : in 
the county of White on the first Monday in April and 
third Monday in August; in tlie county of Wabash on the 
Mondays following; in the county of Edwards on the 
Mondays following; in the county of Wayne on the Mon- 
days following; in the county of Marion on the Mondays 
following ; in the county of Jefferson on the Mondays fol- 
lowing, and continue there two weeks ; in the county 
of Hamilton on the Mondays following, and continue one 
week ; in the county of Saline on the Mondays following, 
for one week ; and in the county of Gallatin on the first 
Mondays of July and second Monday in December, and 
continue until the business be di-^posed of. 

§ 3. All writs, subpcenas and other process, which may writs, &,c. 
have been or may be issued out of and made returnable to the 
terms of the circuit courts, as heretofore required by law 
to be liolden in the counties composing the fifth and twelfth 
judicial circuits, shall be deemed and taken to be return- 
able to said terras as required to be holden under this act; 
and all notices which may have been given, either by pub- 
lication or otherwise, witli reference to the terms as here- 
tofore required to be holden, shall by force of this act refer 
to the terms of courts as herein required to be holden, and 
all proceedings pending in said courts shall be taken up 
and disposed of as if no alteration had been made in the 
terms of holding said courts. 

12 



1852. 178 

^ 4. This act shall take effect and be in force from and 
after its passage. 

Approved June 22, 1852. 



tn fun- June 22, AN ACT to dispose of the swamp and overflowed landsj and to pay the ex- 
I'^S'-* penses of selecting and surveying the same 

Section 1. Be it enacted by the people of the State of 
Illinois, rejjresented in the General Jlssembly, That all 

Gniut of lamis. ^|jg svvamp and overflowed lands granted to the state of 
Illinois, by the act of congress ehtitled '• an act to enable 
the state of Arkansas, and other 'states, to reclaim the 
swamp lands within their limits," apjjroved September 
twenty- eighth, one thousand eight hundred and fift}', be 
and the same are hereby granted to the counties, respec- 
tively, in which the same may lie or be situated, for the 
purpose of constructing the necessary levees and drains to 
reclaim the same, and the balance of said lands, if any 
tliere be, after the same are reclaimed as aforesaid, shall 
be distributed in each coimty, equally, among the town- 
sliips thereof, for the purposes of education, or the same 
may be applied to tlie construction of roads and bridges, 
or to such other purposes as may be deemed expedient by 
the courts or county judge hereinafter mentioned desiring 
so to a])ply it. 

Conveyances. § 2. Whenever it shall appear that any of the lands 

granted to ihe state by the aforesaid act of congress shall 
have been sold by the United States since the passage of 
this act, it shall be lawful for the said counties to convey 
such lands to tlie purchasers thereof. The said deed of 
conveyance shall be made by the judges of the county 
court, as such, and countersigned by the clerk of said 
court, with the official seal thereof affixed ; and on deliv- 
ering said deed to the purchaser, the county judge shall 
take from him an assigt;ment ol all liis rights in the premi- 
ses, and as such assignees they shall be authorized to re- 
ceive from the United States the purchase money of said 
land; and whenever any lands embraced by the said act 
have been located by bounty land warrants since the pas- 
sage thereof, it shall be lawful for such county in wliich the 
same are situated to convey the same in manner aforesaid^ 
to the person or persons who located said warrant, and to 
take an assignment of the same to them as county judges, 
who shall thereupon be considered as assignees of the state, 
and as such may locate said warrant on any of the public 
lands belonging to the United States within the limits of 
such county, or elsewhere. Whenever lands embraced by 
the said act have been located since the passage thereofy 



179 1852. 

under the provisions of the act of concfress ajiproved fourt]i 
September, one thousand eight Iiundred and forty-one, it 
shall be lawful for the counties in whicli the same may lie 
to locate a like quantity of public land within the limits of 
such counties, or elsewhere: Provided, the same shall be 
located in accordance with the provisions of the said act ''''"^*"""*" 
of the fourth September, eighteen hundred and forty-one. 
And whenever any swamp and overilowed lands witliin the 
limits of any county, lying outside of the six sections and 
within the fifteen miles of the (central Railroad and branches, 
have been selected by the Central Railroad company, un- 
der the provisions of the act of congress approved Sep- 
tember twentieth, eighteen hundred and fifty, and which 
are of the character embraced by the said act of the twentv- 
eighth September, eighteen hundred and fifty, it siiall be 
lawful for any such county to select other lands in lieu 
thereof, within the fifteen miles authorized by the act of 
twentieth September, eighteen hundred and fifty ; and it is 
hereby understood, and so intended by this act, that all the 
rights of the state acci-uing tiiereto in tiie above enumera- 
ted cases, under the said act of twenty-eighth September, 
eighteen hundred and fifty, and the decision ot the secretary 
of the interior of the twenty-third December, eighteen hun- 
dred and fifty- one, in regard to the grants made by the said 
last mentioned act, be and the same are hereby vested in 
the counties aforesaid, for the purposes aforesaid. 

§ B. Tiie auditor of })ublic accounts shall, within a re a- Abstract. 
sonable time after the passage of this act, fuvnish to each 
of said counties a full abstract of all tiie swamp and over- 
flowed lands within the limits of the same, and of all the 
swamp and overflowed lands which have been purchased 
from the United States, or which have been located by 
bounty lai d warrants, or to which the right of pre-emption 
has attached, or which has been, under the act of Septem- 
ber twentieth, eighteen hundred and fifty, selected by the 
Central Railroad company, in lieu of lands sold by the Uni- 
ted States, in said six sections, since the passage of said act 
of twenty-eighth September, eighteen hundred and fifty, 
the same to be made out as far as practicable from the sur- 
veyor's returns filed in his office; which said abstract sliall be 
recorded in a book to be provided by the clerk of the county 
court, and filed away among the records of his office. 

§ 4. The said lands shall be under the care and super- care of swamp 
intendence of the county courts of the counties, respec- 
tively, in which the same are situated. And at the next 
regular term for holding said courts, after the passage of 
this act, it shall be the duty of the said county courts of 
their respective counties to appoint an officer, to be styled 

" Drainage Commissioner of the county of ," who shall, Drainage com- 

within twenty days after his said appointment, enter into 



1852. 180 

bond, with good security, to be approved by the county 
court, payable to the people of the state of Illinois, for the 

use of the inhabitants of the county of , in the penal 

sum of ten tiiousand dollars, conditioned for the faithful 
performance of all the duties required of him, or which 
may hereafter be required of him by law. 

.,,ats, § 5- It sliall be the duty of the surveyors in the several 

counties in this state, who have surveyed the said swamp 
and overflowed lands in their respective counties, to make 
out plats of all the swamp and overflov/ed lands in the sev- 
eral townships and fractional townships within their coun- 
ties, noting distinctly upon the same every tract or parcel 
of swamp and overflowed land in each township, the quan- 
tity and quality tliereof, as to whether the same is first, 
second, or third rate ; and it shall be his duty to return the 
same, as soon as practicable, and in reasonable time, to the 
clerk's office ot the county court, and the said court, at 
the next regular term thereafter, or sooner if deemed ne- 
cessary, shall fix a valuation upon each tract according to 
its quality ; but in no case shall any of said land be valued 
at a less price than ten cents per acre ; and the said plat, 
with the description and valuations marked thereon, shall 
be recorded in said book, and filed away among the records 

Piovis,o. of the oflice : Provided, that in case of tlie deatii or refu- 

sal to act of any such county surveyors, the said courts 
may employ any other suitable person or persons to per- 
form the duties aforesaid. 

saieofiand'^ § 6, After the surveyors have returned the plats as 

aforesaid, and the valuations have been made and recorded 
as aforesaid, the said court shall fix upon the proper time 
for selling said lands, v.hich shall in all cases be at the 
county seat, and at the court house door of the several 
counties. The said courts may order the whole of said 
lands to be sold, and the sale to be continued from day to 
day, or they may order a part only of said lands to be sold 
from time to time, as they may deem most expedient, and 
all such orders so made by them shall be entered on record 
in said book. 

§ 7. The said drainage commissioner shall be notified 
in writing, by the clerk, of all such orders, and within a 
reasonable time thereafter, not exceeding ten days, he shall 
give at least sixty days' notice of the time and place of 
the sale thereof, by publishing the same in some newspaper 
printed in the county, or if ihere be no such newspaper, 
then by posting up two notices thereof in each election 
precinct, and in the most public places therein in said 
county, for the like period of sixty days before said day of 
sale. The said notices shall contain an accurate descrip- 
tion of the lands to be sold, and shall specify the time, place 
and terms thereof, and that the sale will be at public auc- 



181 1852. 

tion, between tlie hours of ten o'clock A. M. and five 
o'clock p. M. of t1ie day fixed therefor, and that the same 
will be continued from day to day, if deemed necessary. 

§ 8. The terms; of selling said lands shall be to the '2^?™$ of sale, 
highest bidder, for cash, the amount of which, however, 
may be discharged by the purchaser in labor, to be per- 
formed according to the terms and manner hereinafter 
specified. 

§ 9. In conducting the sale, the said commissioner shall order of hiiie. 
sell the same in such order as may be directed by the county 
court. No tract shall be sold for less than its valuation, and 
the same shall be cried sei)arately and long enough to ena- 
ble any one to bid who desires it. 

§ 10. Upon closing the sales each day, the purchasers paymL-nts. 
shall each pay or secure the payment of the purchase money 
according to the terms of sale, or in case of his failure to'do 
so by ten o'clock the succeeding day, the tract ])urchased 
shall be again offered at public sale, on the same terms as , 
before, and if the valuation shall be bid the same shall be 
stricken off, but if t!ie vnluation be not bid the tract siiall be 
set down as not sold. If sale is made, the former purchaser 
shall be required to pay the difference between his bid and 
the valuation of the tract ; and in case of his failure to make 
such payment, the drainage commissioner may forthwith in- 
stitute an action of debt or assum])sit in his name, for the 
use of tb.e inhabitants of the proper county, for the required 
sum, and U])on making proof, shall be entitled to judgment, 
with costs of suit, which, when collected, shall be ap])lied as 
other moneys arising from the sale of lands ; and if the 
amount claimed does not exceed one hundred dollars, the 
suit may be before a justice of the peace, but if more than 
that sum, then in the circuit court of any county wherein the 
party may be found. 

§ 11. Upon tlie completion of every sale by the pur- ^-ii-'Usoiiai?. 
chaser, the commissioner shall enter the same in a sale book 
to be kept for tlia' purpose, and shall' deliver to the purcha- 
ser a certificate of purchase, stating ther<'in tlie name and 
residence of the purchaser, describing the land sold, and the 
price ])aid therefor; which certificate shall be evidence of 
the facts therein stated ; and wnen presented to the countj^ 
court, it shall be the duty of said court to execute and de- 
liver to liim a deed in fee simple for the land therein de- Deeds, 
scribed, signed in their official capacity, and countersigned 
by the clerk of said court, with the official seal thereto affix- 
ed ; which said deed shall vest in said purchaser an absolute 
title in fee simple of said lands therein described. 

§ 12. Tlie said county courts shall cause the said lands Dramcge. 
to be drained, by the construction of proper levees and 
drains necessary to reclaim the same, and whenever there 
are bodies of said land extending into two or more counties. 



1852. 182 

and tlie reclaiming of the same can be more effectually ac- 
complished by the co-operation of such counties, it shall be 
lawful for them to unite fur that purpose ; and if the said 
county courts thus uniting are of opinion that said lands can 
be more effectually reclaimed, and the value thereof en- 
hanced, by cutting a canal through the same, they are here- 
by fully authorized so to do. 

lepoi's uf s;ir- § 13. 'J'lie surveyors or others employed to perform the 

veyors. duties Specified in the fifth section of this act, shall also re- 

port to the county courts all the lands in tlieir respective 
counties which are susceptible of being drained or reclaim- 
ed, in all cases where said information cannot be satisfacto- 
rily had from the said abstracts from the auditor's office, 
with an estimate of the probable cost thereof; and at tlte 
regular term after said reports are received, the said courts 
shall divide all such drainable lands in their counties into 
sections, numbered one, two, three, &c., and whenever 
J there shall be a sufficiency of lands sold to complete one or 
more sections, the same sliall be, as soon as practicable, put 
under contract, and operations commence thereon ; and in 
like manner shall the work progress until the avails of said 
lands are exhausted, or the drainage completed. 

^etti„(jj._ § 14. The said county court shall cause the work to be 

done on the said sections, to be let out at public sale to the 
lowest bidder, and it shall be the duty of the drainage com- 
missioner, on being ordered by said court so to do, to give 
at least six weeks' notice of the time and place of such let- 
tings, by putting up notices thereof in s;x of the most pub- 
lic places in the county, and in case there shall be a newspa- 
per printed in the county, then by causing a similar notice 
thereof to be published in the same for the like period of six 
successive weeks before the day of such letting. The said 
lettings shall be at the court house door of the county, and 
between the hours of ten o'clock A. M. and five o'clock 
P. M. of said day ; and the said notice shall contain speci- 
fications of the work to be done, to be made out under the 
direction and control of the county court. 

on.is. § 15. The persons to whom said lettings shall be struck 

off, shall enter into bond, with good security, payable to the 
said commissioner, !or the use of the inhat>itants of the coun- 
ty, in the penal sum of double the value of his bid, condi- 
tioned for the faithful performance of the work so underta- 
ken by him, according to the specifications thereof, and on 
a failure to comply with the condition thereof, said bond shall 
be forfeited, and suit brought upon the same to recover dam- 
ages for noncompliance. 

ivisions. i^ 16. The Said county courts, in laying off said work 

into sections as aforesaid, shall make such division thereof 
as will enable purchasers ot land to pay for the same in ne- 
cessary work ; and if said purchasers shall be the lowest 



183 1852. 

bidders at the lettings, the land so purchased sliall be paid 
for in work, but if any other responsible person or |)er- 
sons shall be lower bidders, the same shall be struck off to 
him and them, and the purchasers aforesaid shall be forth- 
with required to pay for their lands purchased in cash, or 
on credit, by gi\'ing mortgage and good security for the 
purchase money, at the discretion of said drainage commis- 
sioner. 

§ 17. That said county courts shall not dispose of or sell Limit of sales. 
more of said lands than shall be absolutely necessary to 
complete the reclaiming and draining tlie same; and in all 
cases where there are any lands remaining unsold after the 
completion of said draining in any county, the lands so re- 
maining unsold as aforesaid sliall belong and the ?ame is 
hereby granted to the several townships in such county, 
equally to be divided between them, and shall constitute a 
part of the school fund of each township, and shall be dis- 
posed of by the school commissioners of said counties, for 
educationnl purposes, in the same manner as the sixteenth 
in each township now is by law : Provided, that any county Proviso- 
in this state may apply the remainder of said lands in such 
county to the construction of roads, bridges or other works 
of internal improvements wittiin the limits thereof, in case 
it shall be deemed expedient by the court so to do. 

§ 18. If any drainage commissioner, or other person, 
shall embezzle or appropriate to their own use any money, 
bonds, bills, notes or mortgages, belongisig to the drainage 
fund of any county in this state, he, she or they shall be lia- 
ble to indictment, and on conviction shall be imprisoned in 
tiie penitentiary of this state for a period not les.< tlian one 
nor more than five years, and sucii conviction shall work a 
forfeiture of office in all cases. 

§ 19. All lands not sold at public sale, as hei-ein pro- Prwate sales, 
vided for, shall be subject to sale at any time thereafter at 
the valuation, and the county judges in term time, or the 
clerks of the county court in vacation, are authorized and 
required to sell all such lands at private sale upon the terms 
upon which they were offered for at public sale, the mojiey 
to be paid over to the drainage commissioner, and his re- 
ceipt taken therefor: Provided, the purchaser sliall pay a proviso. 
fee of fifty cents to the said clerk for each tract purcliased ; 
and all incidental and necessary expenses incurred in car- 
rying into effect the provisions of this act shall, on being 
satisfdctorily proved before the county courr, be })aid by 
the drainage commissioner out of any funds in his liands not 
otherwise appropriated. 

§ 20. The surveyors and assistant surveyors employed Compensation of 
in selecting the swamp and overflowed lands donated to the ^^^^'^^°^^' 
state of Illinois by the general government, under an act of 
congress, dated September twenty-eight, eigliteen hundred 



1852. 184 

and fifty, shall be allowed the sum of three dollars per day, 
which siiall include and be in full for their services and all 
expenses of whatsoever kind. 
,, , . , 5 21. The chainmen and others necessarily employed by 

()! Chainmen, &;c. s . . . • n i i i 1 1 

the surveyors in surveying and locating the said lands, shall 
be allowed the sum of one dollar per day, which siiall in- 
clude anJ be in full for their services and expenses; and 
where it was necessary to employ a team, the sum of one dol- 
lar per day shall be allowed for the time actually employed. 
And the county clerks of the respective counties shall be 
allowed a reasonable compensation, in the discretion of the 
county court, to be paid in the same manner as the county 
surveyors, for all abstracts, certificates, copies of records, 
oflicial searches, and other services necessarily rendered by 
them to and at the request of such surveyors in surveying 
and locating said lands. 

Affidavit of siir- § 22. The surveyor shall be required to file in the office 
-ieyors. of the auditor of public accounts an affidavit, setting forth 

the number of days he was actually and necessarily employ- 
ed, and the number of days that each person, naming such 
person, was actually and necessarily employed by him, and 
when a team was employed, the number of days such team 
was actually and necessarily employed, and when an assis- 
tant surveyor was employed, that such assistant is a prac- 
tical surveyor, and was authorized by him to make selec- 
tions of swamp and overflowed lands. 

Assistant sunsy- § ^^- Assistaut surveyors sliall be required to file in the 
'^"^'^- office of the auditor of public accounts a like affidavit as 

that required of the surveyor in the preceding section. 

Pay of assistant § 24. Assistant surveyors shall only receive the pay al- 
smveyors. lowed by tliis act to assistant surveyors, where they have 
been employed separate and apart from the surveyor, and 
no assistant surveyor shall be entitled to pay as an assistant 
surveyor where he has been employed in selecting the same 
lands selected by the surveyor, or for lands selected by 
them jointly ; which fact shall be proven by the affidavit of 
the surveyor. 

Auditor to Issue § ^^- When accouuts are provcd and filed, as provided 

warrants. fgr jn this act, in such manner as shall be satisfactory to the 
auditor, the auditor is hereby authorized and required to 
draw his warrant on the treasurer for the amount thereof in 
favor of the persons entitled thereto, or on their written or- 
der. The several amounts authorized to be paid by this act 

Proviso. are hereby appropriated : Provided, that the auditor shall 

charge the several amounts so paid to the drainage fund of 
the several counties, and the same shall be a debt due and 
owing from such fund to the state, and it is hereby made the 
duty of the drainage commissioners to pay, out of tiie first 
moneys received from the sale of lands, to the collectors of 
the several counties, the said amounts so charged by the au- 



185 1852. 

ditor against such drainage funds as aforesaid, which said 
amounts shall he paid by said collectors into the state treas- 
ury as other state tunds. 

§ 26. Each and every ])erson who on the twenty- eighth Pre-emptions, 
day of of September, one thousand eight hundred and fifty, 
was the owner of any improvement made previous to that 
date, or who since that date has become the owner of such 
irapi'ovement, on any of the said swamp and overflowed 
lands, and who became such owner with a view to a resi- 
dence on or occupation of such land for agricultural pur- 
poses, shall have the right to purchase, at tiie appraised val- 
ue thereof, a quantity of land, including his said improve- 
ment, to be bounded by the legal subdivisions, not exceed- 
ing one quarter section, to consist of the quarter quarter, 
half quarter, or quarter section : Provided^ that any person Proviso, 
claiming the right to purchase under this act shall, within 
three months from the passage of this act, file in the clerk's 
office of the county court of tlie proper county, a notice of 
his, her or their claims, describing the land by its numbers, 
accompanied with an affidavit stating the date and object of 
the improvement, the time and manner, where and how, he, 
she or Uiey became the owner thereof, and also the affida- 
vits of two residents of the county, proving the facts in re- 
lation to such claim : Jlnd pr uvided further^ that any person Further proviso. 
claiming the right to purciiase as aforesaid, shall, within 
twelve months from the day fixed for the letting of the sec- 
l.on in which his said improvement may be situated, pay to 
the drainage commissioner the consideration money for the 
land claimed, or the person so claiming shall be allowed to 
pay the same in labor, according to the ])rovisions of tliis act, 
which payment shall entitle him, her or them to a deed, con- 
veying an estate in fee ; but in case of failure to make such 
payment, or to pa)'^ in labor as aforesaid, the right to make 
tlie purchase shall cease. When two or more persons claim 
the rigiit to purchase the same land, and file the proof of 
ownership as herein required, the person proving the first 
residence or ownership, by himself or those under whom he 
claims the improvement, shall have the right to make the 
purchase, but no sale or conveyance of any lot of land un- 
der the provisions of this section shall affect the rights or 
equities of parties claiming the same as between each other. 

§ 27. All business in relation to the swamp and over- County courts, 
flowed lands shall be transacted at the regular term of the 
county courts, except on extraordinary occasions, when said 
county courts shall have the power to appoint special terms 
for the transaction of such business. And where said coun- 
ties have adopted the township organization law, and are 
acting under its provisions, the county judge in such coun- 
ties shall exercise the same powers and perform the same 
duties as the judges of the county courts are required to ex- 



1852. 186 

ercise and perform under the provisions of this act, and 
they shall hold meetings for the transaction of all business 
connected with the swamp and overflowed lands in their 
counties, at such times as the county courts are required to 
do, and they may convene on extraordinary occasions to 
transact such business when the nature of the case shall re- 
quire it; and the fees of officers and others necessarily em- 
ployed shall be as follows : to the drainage commissioner, 
such reasonable compensation as may be allowed by the 
j'ees. county court or county judge; to the county judge, or 

judge and clerks, the same fees as are now allowed by law 
for the performance of tlieir other duties — provided that the 
clerks shall prepare all deeds to be executed by said county 
judges or judge, for which they shall be allowed one dollar, 
to be paid in all cases by the purchaser ; to surveyors, 
chainmen and others necessarily employed, a reasonable 
compensation, to be fixed by the court or coui ty judge ; 
which fees, with the exception aforesaid, shall be paid out 
of the drainage fund. It shall be the duty of all constables, 
coroners, sheriffs, justices of the peace, county surve}ors, 
and grand jurors, to take notice of all trespasses committed 
on such lands, either by cutting timber or otherwise ; and to 
take all legal steps, under the laws of this state, to bring 
such offenders to punishment. And it shall be the duty of 
the state's attorneys in the respective judicial circuits, to 
give this section specially in charge to the grand jurors of 
sucli counties at each circuit court. 

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

Approved June 22, 1852. 



I« force June 22, AN ACT to give validity to conveyances. 

Section 1. Be it enacted by the people nj the State of 
Illinois, represented in the General Jisse^nhly, That the 

David Rowland's i. c T\ ' ^ Xi ^ ^ • • ^^i 

acts legalized, ^cts 01 Davicf Kowland, csq., a commissioner to talce 
acknowledgment of deeds, &c., in the city of Washington, 
for this state, done and performed between the ninth day of 
August, A. D. 1851, and the twelfth day of May, A. D. 
1852. be held valid and legalized so far as relates to the 
acknowledgment of deeds taken before and certified by 
him, as such commissioner, during the above time. 
Approved June 22, 1852. 



187 1852. 

AN ACT to incorporate the Wabash Valley Railroad company, and to regu- in force July 22, 
late the capital stock of other railroads. ^^^^" 

Section 1. Be it enacted hy the people of the State of 
Illinoifi., repre'iented in the General ^i^isemhlij, Tliat J. C. 
Allen, H. Alexander, John B. Richardson, James Lockard, ^'""P""'"''- 
S. Archer, J. H. Wilson, R. G. Morris, Aug. C. French, 
William Draper, Jacob Young, Joseph Piquet, J. R. Wynn, 
John Houston, U. Manly, John Shephard, Thomas C. Bailey, 
W. Steel, J. K. Greenough, T. R. Young, and such other 
persons as may associate with tiiem for that purj)ose, are 
liereb}^ made and constituted a body cori)orate and politic, 
by the name and style of " The Wabash [Valley] Railroad s'yie- 
company," with perpetual succession, and by that name 
and style shall be capable in law of taking, purchasing, 
holding, leasing, selling and conveying estate and property, ^'^"^'■'''^'^°'^^'"*' 
whether real, personal or mixed, so far as the same may 
be necessary for the ])urpose hereinafter mentioned, and no 
further; and in their corporate name may sue and be sued, 
to have a common seal, which they may alter or renew at 
pleasure, and may have and exercise all powers, rights, 
privileges and immunities which are or may be necessary 
to carry into effect t!ie purpose and object of this act, as 
the same are hereinafter set forth. 

5 2. The Wabash [Valley] Railroad company shall have Objects, 
full power and authority to locate, construct, finish and 
maintain a railroad, with one or more tracks, commc-ncing 
at or near Vincermes, on the Wabash river, and running 
from thence north through the counties of Lawrence, 
Crawford, Clark, and if need be, Edgar, on the most di- 
rect and eligible route, so as to connect with any road 
crossing the state in the direction of Terre Haute not west 
of Charleston, in Coles county, in this state ; and the com- 
pany incorporated under the provisions of this act are pro- Prohibition. 
hibited from building any portion of their road west of a di- 
rect line between Vincennes and Springfield, or in the direc- 
tion from Terre Haute to the Mississippi river, and to take 
and carry property and persons upon said railroad, by power 
or force of steam, or of animal, or of any mechanical or other 
power or combination of ihem which said company may 
choose to use or apply ; and for the pur])ose of constructing 

• ]■ -1 J -J 1 11 1 i-i •*. A ° Width of road. 

said railroad, said company shall have authority and power 
to lay out, designate and establish their road, in width not 
exceeding one hundred and fifty feet through the entire line 
thereof, and may take and appropriate to their own use all 
such lands so designated for the line and construction of 
said road, upon first paying or tendering therefor such 
amount of damage as shall have been settled by appraisal, 
in the manner hereafter provided, on all such lands as may 
be taken, or upon any tract which may be located by said 



1852. 188 

iiightof way. Company, and for the piir))ose of cuttings and embankments, 
and for the purpose of obtaining of stone and gravel, may 
take and appropriate as much more of land as may be ne- 
cessary for the proper construction, maintenance and secu- 
rity of said road, for the construction and security of said 
road, and for constructing shops, depots and other suitable, 
proper and convenient fixtures in connection with and ap- 
purtenances to said railroad; may take and have, use and 
occupy any lands upon either side of said railroad, not ex- 
ceeding two hundred feet in depth from said railroad, said 
company taking all such lands as gifts, or purchasing or 
making satisfaction for the same in the manner hereafter 

Proviso. piovided : Provided^ that this section shall not be construed 

to restrict or prevent the construction of public roads or 
canals, or railroads across the road of said company, when 
deemed expedient, but so as not materially to impair or ob- 
struct the same. 

state lands, &c. § 3. The Said Company, and under their direction, 
agents, servants and workmen, are hereby authorized and 
empowered to enter into and upon the lands and grounds of 
or belonging to the state, or to any person or persons, bod- 
ies politic or corporate, and survey and take levels of the 
same or any part thereof, and to set out and ascertain such 
parts as they shall think necessary and proper for making 
said railroad, with one or more sets of tracks or rails, and 
for all the purposes connected witli said railroad for which 
the said corporation by the last preceding section is au- 
thorized; to have, take and appropriate any lands, and to fell 
and cut down all timber and otlier trees standing or being 
with'u one hundred feet on each side of said line of said 
railroad, the damages occasioned by the felling of such 
trees, unless otherwise settled, to be assessed and paid in 
manner hereafter provided for assessing and paying damages 
for lands taken for the use of said railroad company; and 
also to make, build, erect and set up, in and upon the route 
of said railroad, or upon the land adjoining or near the 
same, all such works, ways, roads and conveniences as may 
be requisite and convenient for the purpose of said railroad; 
and also, from time to time, to alter, repair, amend, widen 
or enlarge the same, or any of the conveniences above men- 
tioned, as well for the carrying, conveying goods, commod- 
ities, timber or other things to and upon the said railroad, 
as for carrying or conveying all manner of material neces- 
sary for making, erecting, furnishing, altering, repairing, 
amending or enlarging the works of or connected with said 
railroad, and to contract and agree with the owner or own- 
ers thereof for either timber, gravel, stone or other material, 
or any article whatever which may be wanted in the con- 
struction or repair of said railroad or any of its appurten- 
ances, they, the said company, doing as little damage as 



189 1852. 

possible, in the execution of the said powers hereby granted, 
and making satisfaction in the manner hereafter mentioned 
for all damages to be sustained by the owners or occupiers 
of said land. 

§ 4. Tiie said company shall have power and authority Real estate. 
to receive, take and hold all such voluntary grants and do- 
nations of lands and real estate, for the purpose of said rail- 
road, as may or shall be made to said company in the con- 
struction, maintenence and accommodation of said railroad ; 
and said company may contract and agree with the owners 
or occupiers of any lands upon which said company may 
wish to construct said railroad or way, or which said com- 
pany may wish to use or occupy, for tlie purpose of procu- 
ring stone, land, gravel, or either, or other materials, tj be 
used in embankments or otherwise in or about the construc- 
tion, repair or enjoyments of said railroad, or which said 
company may wish to use or occupy in any manner, or for 
any purpose or purposes connected with said railroad, for proceeaings. 
which said company is empowered and authorized by this 
act to take, have or appropriate any lands, and to receive 
and take grants and conveyances of any and all interests 
and estate therein, and to them and to their successors or 
assignees in fee or otherwise; and in case said company can- 
not agree with such owners or occupiers of such lands as 
aforesaid, so as to procure the same by the voluntary deed 
or act of such owners or occupiers thereof, or if the own- 
ers or occupiers, or any or either of them, be difemmes cuv- 
erl^ infant, nun compos mentis, unknown or out of the 
county in whicli the land or property wanted may lie or be 
situated, the same may be taken and paid for, if any dam- 
ages are awarded, in the manner provided for in an act to 
provide for a general system of railroad incorporations, ap- 
proved November 5, 1849, or by any other act that may have 
been or may hereafter be passed by the general assembly 
of the state of Illinois, to enable railroad companies to ap- 
propriate lands for the purposes aforesaid; and the final 
decision or award shall vest in the corporation hereby cre- 
ated all the rights, privileges, franchises and immunities in 
said act contemplated : >/2nd provided, that any appeal that proviso. 
may be allowed under the provisions of the act above recited, 
or by virtue of any general law of this state, shall not affect 
the possession of said company of the land appraised, and 
when the appeal may be taken or writ of error prosecuted 
by any person or persons, other than the said company, the 
same shall not be allowed except on the stipulation of the 
party so appealing or prosecuting such writ of error; that 
the said company may enter upon and use the lands de- 
scribed in the petition for the use and purposes herein set 
forth, upon said company giving bond and security, ap- 
proved by the clerk of said court, that they will pay to 



1852. 



190 



Capital stock. 



the party so appealing or prosecuting such writ of error, 
all cost and dau)ages that may be awarded against them on 
the final hearing of such appeal or writ of error, within 
thirty days after the rendition thereof, or forfeit all right to 
use the Irnds or way so condemned. 

§ 5. The capital stock of said company shall be five 
liundred tiiousand dollars, which said capital stock of this 
or any otlier organized railroad company, may, by order of 
their several boards of directors, be increased, when deemed 
necessary, to any amount not exceeding the actual buna 
fide estimated cost of constructing and equi})ping their re- 
spective roads, and subscription to the increased capiial 
stock may be made, from time to time, as may be ordered 
and directed by the boards of directors of such companies, 
respectively; which stock shall be divided into shares of 
fifty dollars each, which shall be deemed personal property, 
and may be issued, certified, transferred and registered in 
such manner and at such places as may be ordered and pro- 
vided by the board of directors, who shall have power to 
require the payment of stock subscribed in the manner and 
at ihe time and in such sums as they may direct; and on the 
refusal or neglect on the part of stockholders, or any of them, 
to make payment on the requisition of tlie board of direc- 
tors, the share of such delinquent may, after thirty days' 
public notice, be sold at public auction under such rules as 
the directors may adopt, the surplus money, if any remains 
after deducting the payments due, with the interest and ne- 
cessary cost of sale, to be paid to the delinquent stock- 
liolder. The board of directors, hereinafter named and ap- 
proved, shall cause books to be opened for subscription to 
the capital stock of said company, at such times and places 
and in such manner as they shall direct : Provided., that as 
soon as seventy-five thousand dollars of buna fide subscrip- 
tion shall be made to said capital stock, and five per cent, 
thereon paid, it shall be lawful for said company to com- 
mence the construction of said road. 

§ 6. All the corporate powers of said company shall be 
vested in and exercised by a board of directors, to consist 
of not less than seven or more than eleven in number, and 
such other officers, agents and servants as they shall appoint. 
The first board of directors shall consist of J. C. Allen, 
John B. Richardson, S. Archer, R. G. Morris, Aug. C. 
French, John Huston, J. K. Greenough, U. Manly, Thos. 
C. Bailey, J. R. Wynn, John Shephard, Jacob Young and 
John Piquet, who shall hold their office until their succes- 
sors are elected and qualified ; vacancies in the board may 
be filled by a vote of two-thirds of the directors remaining ; 
such appointees to continue in office until the next regular 
annual election of directois, and which said annual election 
shall be held on the first Monday of July in each year, at 



191 1852. 

sucii place as tlie directors may direct ; thirty days' notice 
by printed notice being given, or in two newspapers printed 
along tiie line of said road. 

§ 7. At any election held for directors, each share ofvotes. 
stock shall be entitled to one vote, to be given either in per- 
son or by proxy, and the person receiving the largest num- 
ber of votes to be declared duly elected, and to hold their 
office untd the next annual election and until their succes- 
sors are elected and qualified. All .lections for directors to 
be conducted by three judges selected by the stockholders 
present. 

§ 8. The directors hereiu named are required to organ- Organization. 
ize the board by electing one of their number president, 
and by appointing a secretary and treasurer. 

§ 9. The said company shall have power to purchase Machines, &.c. 
wilti the funds of the company, and contract for, and place 
on the railroad hereby authorized to be constructed, all 
machines, wagons, carriages and vehicles of any description 
whicli they may deem necessary and proper for the purpose 
of transportation on said road, and they shall have power to 
charge lor tolls, and transportations and rates of fare, such 
sums as shall be lawfully established by the by-laws of said 
company. 

§ 10. Said company shall have power to make, ordain By-iaws,&c. 
and establish all such by-laws, rules and regulations as may 
be deemed expedient and necessary to fulfil the purpose and 
carry into effect tlie provisions of this act, and for the well 
ordering and securing the affairs, business and interest of 
said company: Provided^ that the same be not repugnant 
to the constitution and laws of the United States or of this 
state. 

§ 11. The said board of directors shall have power to wicitb of tract, 
regulate the manner of transportation of persons and prop- ^'^' 
erty, the width of track, the construction of wheels, the 
form and size of the cars, the weight of loads, and all other 
matters and things respecting the use of said road, and the 
conveyance and transportation of persons and property 
thereon. 

§ 12. Whenever it shall be necessary for the construe- mtereections. 
tion of said railroad to intersect or cross a track of any 
oth(n- railroad, or any stream of water or water course, or 
road or highway, l}ing on the route of said road, it shall be 
lawful for the company to construct their railroad across or 
upon the same : Provided, that the said company shall re- proviso, 
store the railroad, stream of water, water course, road or 
highway tluis intersected or crossed, to its former state, or 
in a sufficient manner not materially to impair its useful- 
nes:5. 

§ 13. The said company shall, annually or semi-annual- Dividends. 
ly, make such dividends as they may deem proper of the 



roads. 



1852. 192 

net profits, receipts or income of said company among the 
stociiholders therein, in proper proportion to their respec- 
tive shares. 

Penalties § 1^- ^^ ^"Y P^^'^on shall do, or cause to be done, or 

aid in doing or causing to be done, any act or acts whatev- 
er, whereby any building or constructure, or work of said 
company, or any engine, machine, or structure, or any mat- 
ter or thing appertaining to the same, shall be stopped, ob- 
structed, impaired or weakened, injured or destroyed, the 
person or persons so offending shall be guilty ot a misde- 
meanor, any may be punished, upon conviction, by fine, in 
any sum not exceeding one thousand dollars, or by impris- 
onment not exceeding five years, or both, at the discretion 
of the court, and shall forfeit and pay to the said corpora- 
tion treble the amount of damages sustained by reason of 
said offence or injury, to be recovered in the name of the 
said company, with costs of suit, in an action of trespass, 
before any justice of the peace of this state, or before any 
court having jurisdiction thereof. 

Union with other § 15- Said compauy shall have the power to unite its 
railroad with any other railroad now constructed or which 
may hereafter be constructed, either in this state or the 
state of Indiana, upon such terms as may be mutually agreed 
upon between the companies so connecting, and for that 
purpose full power is hereby given to said company to 
make and execute such contracts with any other company 
as will secure the objects of such connection. 

S 16. Said company is hereby authorized, from time to 

money. time, to borrow sucii sum or sums of money as may be ne- 

cessary for completing and finishing or oj)erating their said 
railroad, and to issue and dispose of their bonds, in denomi- 
nations of not less than five hundred dollars, at such rate of 
interest, not exceeding seven per cent, per annum, and at 
such discount as may be thought for the benefit of the com- 
pany. This section shall apply to all railroad incorpora- 
tions in the state which desire to avail themselves of its 
provisions, and for any amount so borrowed, and to mort- 
gage their corporate property and franchises, or convey the 
Sc.me, by deed of trust, to secure the payment of any debt 
contracted by said company for the purposes aforesaid; and 
the directors of said company may confer on any bond- 
holder of any bond issued for money borrowed as aforesaid, 
the right to convert the principal due or owing thereon 
into stock of said company, at any time, not exceeding ten 
years from the date of the bond, under such regulations as 
the directors of said company may see fit to adopt. 
. § l'^- The said company hereby chartered shall be re- 

quired to construct and operate their said road throughout 
the entire line thereof, according to the terms of this char- 
ter, to a point in Clark county, at least as far north as the 



Power to borrow 



193 1852. 

town of Marshall, in said county, within ten years after the 
work shall be commenced thereon, and upon failure so to 
do shall forfeit all rights and privileges, tracks completed, 
and work done upon the said road : Provided^ the work 
shall be commenced on said road within ten years after 
the passage of this act. 

§ 18, This act shall be deemed and taken as a public 
act, and shall be in force from and after its passage. 

Approved June 22, 1852. 



AN ACT to amend an act entitled "an act (o amend an act entitled -an act inforco June -22 
to incorporate the Peoria and Oquavvka Railroad company,' approved Feb- 185-2. 

ruary 10, 1851." 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Jlssemhlij, That the 
capital stock of the Peoria and Oquawka Railroad company increase of stock- 
is hereby increased to the sum of thirty-five hundred thou- 
sand dollars, and tlie stockholders of said company, and their 
successors, shall have perpetual succession, by tlie name and succe^sun. 
style aforesaid, and shall have and enjoy all the rights and 
privileges heretofore or herein granted to said company by 
said general assenibly. 

§ 2. The acts of the commissioners for receiving sub- Acts i;?aii2r<i. 
scription to the capital stock of said company and the sub- 
scribers to said stock, in organizing said company and in the 
election of directors, on the twentieth day of June, in the 
year of our Lord one thousand eight hundred and fifty-one, 
are hereby declared to be legal and valid in law, any omis- 
sions or imperfections in relation to said organization to the 
contrary notwithstanding. 

§ 3. The directors of said comjjany are hereby em- Location of roaii. 
powered and authorized to locate said railroad on the most 
direct, eligible and feasible rcmte, from Peoria to Knox- 
ville, without reference to Farrnington : Provided, that said i'™viso. 
company shall build a branch of said railroad to Farming- 
ton, and shall establish a depot there. 

§ 4. The said directors are also empowered and author- Location of 
ized to locate the branch of said railroad provided for in the ''™"'^''" 
fourth section of the act to which this is an amendment, ac- 
cording to the survey already made tliereof, and to fix the 
termination of said branch on the Mississippi river at a 
point opposite to or above or below the city of Burlington, 
in the state of Iowa, which termination shall be within two 
miles of said point opposite the said city of Burlington, 
Iowa. 

§ 5. The said company shall have the right of way upon Riprhtof way oTer 
and may appropriate to its sole use and control, for the pur- ^^""^ '''"*'^' 

13 



1852. 194 

poses and uses of said railroad company, any land belong- 
ing to the state of Illinois, not exceeding two hundred feet 
in width, wherever any such land may be situated along said 
railroad, for its entire length, as well as along its branches, 
and may enter upon and take possession of and use all and 
singular any lands, streams and materials of every kind be- 
longing to said state, for the location of depots and stopping 
stages, for the purpose of constructing bridges, dams, em- 
bankments, excavations, station grounds, spoil-banks, turn- 
outs, engine houses, shops and other buildings, necessary 
for the construction, completing, altering, maintaining, pre- 
serving and complete operation of said road ; and all such 
lands, waters, materials and privileges are hereby forever 
granted to said company for said purposes. 

§ 6. Said company are hereby authorized and empow- 
Mississippi. ered to make and establish a ferry across the Mississippi 
river, at the termination of the branch west of Monmouth, 
to such point on the Iowa shore of said river as the said 
company may be authorized or required to land at. Said 
company are also authorized and empowered to make and 

Across the iiii- establish a ferry across the Illinois river, from any ground 
owned by them in the city of Peoria, to the opposite shore 
of said Illinois river, in Tazewell county. They aye hereby 
authorized to make and use all necessary boats and appara- 
tus, of all and every description whatsoever, advantageous 
and necessary for the use of said company, at either or both 
^f said ferries, and propel the same by horse, steam, or any 
made or power that to said company may seem best : Pro- 

proviso- vided^ that said company shall not use said ferries or allow 

thejsajitie to be used for any other purpose than those con- 
necited with or arising out of the business of said railroad. 

Improvement of § 7. Said Company shall have authority and power to 

landings. improve all or either of their landings at either or both of 

said ferries, by building a pier or piers, or making embank- 

Proviso. ments into either or both of said rivers : Provided.^ that any 

such improvement does not interfere with the free naviga- 
tion of either of said rivers. 

Penalties, § 8. If any persoH shall wilfully or negligently do or 

cause to be done, any injury to said ferries, or to any boat 
or appurtenance thereto belonging, the person or persons so 
offending shall forfeit and pay to said company three times 
the amount of such injury, to be recovered by action of debt 
or action on the case before any justice of the peace or 
other court having jurisdiction of the same. The said fer- 
ries shall be deemed public highways, within the meaning 
of the laws providing for the punishment of persons injur- 
ing, obstructing or destroying public highways or bridges, in 
any manner or by any means whatever. 

Kxtension to Tn- § 9- The Said Company are hereby authorized to con- 

dianaiine. tinue Said railroad from Peoria, on the most eligible route 



195 1852. 

eastward, to a point on the Indiana state line, which shall 
be not more tlian twenty miles either north or south of a 
due east and west line that would run through 1^ a layette. Route. 
Indiana. And the same powers and privileges for construc- 
tion and maintaining this extension, and for connecting 
the same with other roads, as is contained in tlie original 
charter, is hereby conferred upon said company in relation 
to this extension. 

§ 10. That the Peoria and Oquawka Railroad company Power to bQiTo« 
shall have power to borrow money, on tlie credit of the com- ™°"^^° 
pany, not exceeding its authorized capital stock, at a rate 
of interest not exceeding ten p;'r cent, per annum, payable 
semi-annually, and may execute bonds therefor, with inter- 
est coupons thereto annexed, and secure the payment of 
the same by mortgage or deed of trust on the wiiole or any 
part of tlie road, property and income of the company, then 
existing or thereafter to be acquired, and may annex to such 
mortgage bonds the privilege of converting the same into 
the capital stock of the company at par, at the option of the 
holders, if such election be signified in writing to the com- 
pany three years before the maturity of saiJ bonds. 

§ II. That the directors of said company be and they sateof bomts. 
are hereby aut lorized to negotiate and sell the bonds of said 
company, at such times and such places, either witliin or 
without this state, and at such rates and fay such prices as 
an their opinion will best advance the interests of the cora- 
j)any ; and if such bonds are thus negotiated or sold at a 
discount below their par value, such sale and disposition 
thereof shall be as valid and binding on the company, in ev- 
'Cry respect, as if they were sold or disposed of at their par 
value. 

§ 12. That the said company^ in securing tlie payment Mortgage, 
of the said bonds by a mortgage or deed of trust on the 
road, property and income of tlie company, shall have pow- 
er to execute a mortgage or deed of trust aforesaid, to se- 
<?ure the payment of the full amount of bonds which the 
company may at the time said deed of trust or mortgage 
bears date, or at any time thereafter, desire to sell and dis- 
pose of, and may execute and sell, from time to time, such 
amounts of said bonds, and of such dates, and payable to 
such person or })ersons, as to the directors of said company 
may seem advisable, till the whole amount of bonds men- 
tioned in such mortgage or deed of trust is executed and 
sold ; and the said mortgage or deed of trust shall be as 
valid and effectual to secure the payment of the bonds so 
executed and sold, and of every part thereof, as if the same 
and every part thereof bad beer- executed of even date with 
the said deed of trust or mortgage. 

§ 13. This act to be in force from and after its passage* 

Approved June 22, 1852. 



J 852. 196 

In force Juno 22, j^T^ ACT to legalize the acts of the Rock Island and Camden Plank Eoad 
^^^~' company, and for other purposes. 

Section 1. Be it enacted by the people of the State oj 
It/inois, represe7ited in the General JlsseTnbly^ That the 

.\c;s irsai;ze.i. ^cts aiid doings of the Rock Island and Camden Plank 
Road company, organized under the general plank road law, 
be and the same are hereby legalized, and the said com- 
pany may proceed in the same manner as if all things had 
been done in strict conformity with the provisions of the 
general plank road law of this state. 

§ 2. That the county court of the county of Rock Is- 

Iran^brki^e. ^^"d be and are hereby authorized and empowered to give, 
grant and convey to said plank road company the bridge 
now erected across Rock river, from a point lying within 
the southern half oi section fourteen (14,) in township 
seventeen (17) north, range tu'O (2,) west of 4th P. M., 
to VandrufF Island, with the entire and sole use and con- 
trol of the same, upon such terms and conditions as may be 
agreed upon by the contracting parties ; such agreement, 
grant and conveyance to be made of record in the county 
court of said county. 

S^ 3. That Marcus B. Osborn, William Baiiy, George 

^^rLnr°'"'' Mixter, Benjamin D. Walsh and Isaac Negus, their heirs 
and assigns, be and are hereby authorized and empowered 
to sell, assign and transfer to said plank road company all 
their right, title, interest and propert}', with all the rights 
and privileges under the same, to a certaiii charter granted 
to William Dickson, and others, by the legislature of the 
state of Illinois, by an act approved Feb'y 15th, 1851 ; 
the said Osborn, Baily, Mixter, Walsh and Negus being 
the legal assignees of said William Dickson of said char- 
tered rights and privileges, and the said plank road com- 
psiiy are hereby declared capable of holding and enjoying 
said charter, and the rights and privileges under the same, 
in as ample a manner as originally granted to said William 

I'roviso. Dickson : Provided^ however^ that the said plank road 

company shall not be required to build a new bridge over 
the main channel of Rock river so long as they shall keep 
the present bridge in good repair, so as to afford a safe 

^ „ . passage for tlie public : Jind provided furtJier, that the 

Further proviso. ^ . , >^ i n i .1 11 

said company shall have the same rights as to tolls as orig- 
inally granted in the charter of said William Dickson, so 
long as they afford a safe passage by a bridge across said 
Rock river : Provided j urtlier, that if at any time the brid- 
ges of said company are injured, or by any cause rendered 
impassable, the said company shall have the same rights and 
privileges as granted to William Dickson, and be subject 
to the same conditions and restrictions as to rebuilding or 
repairing their said bridges. 



197 1852. 

§ 4. Tile said company are hereby authorized to con- cian.:h road. 
struct a branch plank road from and to the tenninus speci- 
fied in the articles ot" association of said company the whole 
length of tlie branch, not to exceed two miles, and the 
whole length of the said road, together with the branch, 
not to exceed eight miles instead of seven and one half 
miles, as specified in the said articles of association : Pro- 
vided always^ that the said company be and are hereby 
authorized and empowered to (\\ the northern terminus of 
said branch at or near the town of Camden, if they should 
see fit so to do: ^ad provided fnrlJie)\ that the southern 
terminus of said branch may be located at any point with- 
in one quarter of a mile of the terminus designated in the 
articles of association of said company — that is to say, the 
centre of section twenty-seven (27,) in township seven- 
teen (17) north, range two (2,) west of the 4th P. M. 

§ 5. The southern terminus of said plank road of said 
company shall be at or near the southeast corner of sec- 
tion twenty-four (24,) in township seventeen ( 17) north, 
range two (2,) west of the fourth principal meridian, as 
specified in the articles of association, and not at one (1) 
west, as by error was printed in the published notice, 

§ 6. Said company may at any time increase its capi- increase of stock. 
tal stock to any amount not exceeding one hundred thou- 
sand dollars for the purposes of extending their road and 
building additional bridges, by giving sucli notice as is re- 
quired by the general plank road law, ap})roved Feb'y 12, 
1849; and when additional stock, to the amount of •'? 500 
for every additional mile of road intended to be constructed, 
shall have been subscribed, three or more of the directors 
of said company may make affidavit of such fact, and of 
the places tVom and to which the proposed additional road is 
to be constructed, and each township, town or city through 
which it is intended to pass, and its length, as near as may 
be ; and upon the filing of such affidavit in the office of the 
secretary of state, such additional road and such additional 
stock shall be part and parcel of the road and of the stock 
of said comj)any. 

§ 7. Said company, in addition to the penalties >)rovi-i''^^^"tosue. 
ded by law, shall have the power to sue for and recovei, in 
any court having jurisdiction of the same, any sum or sums 
of money or instalments thereof which may be subscribed 
as stock in said road, upon giving thirty days' notice of the 
time and place of such payments in any newspaper pub- 
lished in the county of Rock Island. 

§ 8. Said company shall have the power to borrow any power to torrow 
sum of money, not exceeding one half of its capital stock, ™°"°^- 
for the purpose of the more speedy completion of their 
road, and may issue their bonds and give such other secu- 



1852. 



198 



rity as to them may seem proper, for the money so bor- 
rowed. 

Damages. § 9. Said Company shall pay all damages that may arise 

or accrue to any person or persons by reason of their en- 
te'ing upon and taking lands, timber, rock, stone or gravel 
for the use of said road or bridges, and if the same cannot 
be obtained by agreement with the owner, the damages 
shall be estimated and paid in manner provided by law for 
the assessment and recovery of damages happening by the 
laying out of public highways. 

5 10. The said plank road company shall not be re- 
quired to keep up or mamtam a draw in the present bridge, 
nor in any bridge hereafter to be built by them on said 
road over Rock river, unless the legislature shall hereafter 
require them so to do. 

Construction. § 11. Tliis act shall be deemed and considered a public 

act, and sliall be liberally construed for the objects and 
purposes therein expressed, and shall take effect from and 
after its passage. 

Approved June 22, 1852. 



In force Aug. 22, AN ACT to amend an act entitled "an act concerning the public debt," ap- 
*^^2- proved February 12lh, 1849. 

Section 1. Be it enacted by the people uf the State of 
Illinois^ represented in the General ^/issembljj. That in case 

Application of the amendment proposed to the fifteenth article of the con- 
stitution shall be adopted by the people at the election in 
November next, the two mill tax required to be annually 
assessed and collected by said article shall be applied and 
used in the purchase of the indebtedness of state, bearing 
interest, other than the canal registered "indebted). ess, the 
scliool indebtedness, and such other indebtedness as is not 
fully recognized by the laws of this state, in the manner and 
upon the terms herein provided. 

Warrants. § 2. Upou requisitions of the governor the auditor shall 

from time to time issue warrants upon the treasurer for sums 
not exceeding twenty thousand dollars of the proceeds of 
the tax afoiesaid, to be used in the purchase of state in- 
debtedness of the description mentioned in the first section 
of this act. 

Investments to be § ^- Upou the reccptiou of the first and each subsequent 
accounted for. gyni of twenty thousaud dollars, the investment thereof shall 
be shown and accounted for before any subsequent warrant 
is issued or money paid as aforesaid. 



199 1852. 

S 4. The governor is hereby vested with power to use Authority to gov- 
and apply the proceeds of the tax aforesaid in the purchase 
of state indebtedness of tlie description aforesaid, at the low- 
est piice or least sum ior which the same can be obtained, 
and he is vested with power to use all lawful ways and 
means in executing the provisions of this act. 

5 5. Upon the investment of at least nineteen thousand Duplicate state- 
dollars of each sum of twenty thousand dollars, received as 
aforesaid, the governor shall make out duplicate statements 
of the indebtedness purchased, setting forth the ])roper de- 
scription of such indebtedness, the name of the person or 
persons from whom it was purchased, and the amount paid 
tor each bond or certificate, and the total amount invested; 
one of which certificates shall be filed with the state treas- 
urer and the other with the auditor of public accounts. 
The said indebtedness shall be cancelled bv the governor, 
and delivered, at the time of filing the cettificate, to the au- 
ditor, who shall indorse on the face of the bond or certificate, 
in writing, the words " paid out of the two mill tax fund," 
and sign his name thereto, and the said indebtedness shall 
then be registered by the auditor in a proper book kept for 
that purpose and filed in the office of the treasurer of state : 
Provided, that in no case after the issuing of the warrant P''"''"°' 
for the first twenty thousand dollars, as provided for by this 
act, shall the auditor issue warrants ior any additional sum 
until the requirements of this section is fully complied with, 
to the end that a greater sum than seventy-one thousand 
shall at no one time be paid out and remain unaccounted for. 

Approved June 23, 1852. 



AN ACT to increase the capital stock of the St. Charles and Warrenvillc in forcn June 23, 
Plank Road company. 1852. 

Section 1. Be it tnaded by the people of the State of 
Illinois, represented in the General Jlssemblij, That the 
capital stock of the St. Charles and Warrenville Plank Roadinc^^^^^^^;-' ^sin- 
company is hereby increased to forty thousand dollars when- 
ever the directors thereof shall deem such increase expedi- 
ent. And the said company is hereby declared to be legal- incorporation le- 
ly mcorporated, any irregularity in the manner ol incorpo- 
ration of said company to the contrary notwithstanding. 

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

Approved June 23, 1852. 



1852. 



200 



1.1 f lice Aug. 22, AN ACT to give validity to f::rants and conveyances by the board of trus- 
1S52. -fees of the Illinois and Michigan canal. 



Section 1. Be it enacted by the people of the State of 

Illinois^ represented in the General Jiasemhly, That all 

Deeds admuted (jjjgfjs \\\\kt papers and agreements and contracts affecting 

tu record with- , . ', ^ f • °i • , . i , c x i 

out proof or ac- the title to real estate in tins state, heretoiore executed or 
knowiedgment. ^j^j^j-^ j^^y hereafter be executed by the board of trustees 
of the Illinois and Michigan canal, under the seal of said 
board, shall be admitted to record without prool or acknow- 
ledgment of the execution thereof, and the same liaving the 
seal of said board thereto attached, shall be admitted in evi- 
dence in all courts without further proof; and the transcript 
of the record thereof, duly certified, shall be admitted in evi- 
dence without further jiroof, in same manner as deeds duly 
acknowledged and recorded are. 
Approved June 23, 1852. 



I 



In force Aug. 22, 
1852. 



AN ACT to incorporate the Southern Illinois Railroad company. 



Section 1. Be it enacted by the people of the State of 
Jllinois, represented in the General Jissimbly^ That Haz- 

corporators. 7.'AxA Wilsou, S. B. Coruth, Josliua Allen, D. Y. Bridges, 
A. J. Kuykendall, I. N. Pearce, Anderson P. Corder, John 
Calbert, Willis vVllen, W. A. Denning, Samuel K. Casey, 
William K. Parrish, and such persons as shall become stock- 
holders agreeable to the provisions of this act, in this cor- 
poration hereby created, shall be, and for the term of sixty 
years from and after the passage of this act shall continue 

style- to be, a body corporate and politic, by the name of "The 

Southern Illinois Railroad company," and by that name 
shall have succession for the term of years above specified ; 
may sue and be sued ; make and use a common seal, and 

General powers, alter the Same at pleasure; may make by-laws, rules and _ 
regulations for the management of property, the regulation 
of its affairs and for the transfer of its stock, not inconsis- 
tent with the existing laws and the constitution of this state 
and of tlie United States, and moreover, appoint such sub- 
ordinate agents, officers and servants as the business of said 
company may require, prescribe their duties and require 
bond for the faithful performance thereof. 

§ 2. That Samuel B. Coruth and William McBane, of : 
Massac county; Isaac N. Pearce and Andrew J. Kuyken- 
dall, of Johnson; James M. Campbell and Robert Mc- 
Handly, of Williamson county, and William R. Browning and 
Tilman B. Cantrill, of Franklin county, be and are hereby 
appointed commissioners for the purpose of procuring sub- 



Ct.nuuissioners. 



201 1852. 

scriptions to the capital stock of said company, whose duty- 
it shall be to oj)en books for the subscription to the capital 
stock of said company, giving notice of the time and place 
when and where said books will be opened, at least thirty 
days' previous thereto, by publication in some newspaper 
published in some one of the counties through which said 
I'oad may be constructed. The said commissioners, or a 
majority of them, shall attend at the place appointed for the 
openiiicj of said books, and shall continue to receive sub- 

^ • .■ •,, 11 1 1 X i.1 1 11 Subscriptions. 

scri])tions either personally or by such agents as they shall 
appoint for that purpose, until the sum of one hundred 
thousand dollars shall be subscribed, and as soon as said 
sum of one hundred thousand dollars is subscribed, the said 
commissioners shall give twenty days' notice, by publica- 
tion in a paper published as above mentioned, of an elec- 
tion by said stockiiolders of a board of directors as here- 
inafter provided, for the management of said company, at 
sucli time and place appointed for the purpose. The com- 
missioners, or a majority of them, shall attend and act as 
inspectors of said election, and the stockholders present 
shall proceed to elect seven directors by ballot, and the Directors. 
commissioners present siiall certify the result of such elec- 
tion, under their hands, which certificates shall be recorded 
in the recorder's book of said company, and shall be suf- 
ficient evidence of the election of tlie directors therein 
named. The directors thus elected siiall hold their office 
for one year and until their successors are elected and 
qualified. 

§ 3. The capital stock of said company shall be three capital stock. 
hundred thousand dollars, which shall be divided into shares 
of fifty dollars each, and may be increased by the directors 
of said company to any sum not exceedin^^ one hundred 
dollars per share, if necessary to complete the work author- 
ized, and the same shall be subscribed for and taken under 
the direction of the board of directors of said comjiany, in 
sucli time, place and manner as the said directors shall 
from time to time direct. The shares in said company shall 
be deemed and considered as personal property. 

§ 4. Tiie affairs of said company shall be managed by Directors, of their 
a board of seven directors, to be chosen annually by the '^'«<=*'°'^* 
stockholders from among themselves. At all elections for 
directors each stockholder shall be entitled to one vote for 
each share iield by him, and may vote either personally or 
by proxy, and a plurality of the votes given at any election 
shall determine tiie choice, but no stockholder shall be al- 
lowed to vote at any election after the first, for any stock 
which shall have been assigned to him within thirty days 
])revious to said election. The directors shall hold their 
office for one year after election and until their successors 
are elected and qualified, and shall elect one of their num- 



202 



ber president of said board, and in case of any vacancy 
occurring in said board of directors between elections, the 
same may be filled by the board at any regular meeting of 
the directors, and the person so elected to fill the vacancy 
shall hold his office until the next annual meetingr of the 
stockholders. In case of the absence of the president of 
the board the directors shall have power to elect a presi- 
dent pro tempore, who shall exercise for the time being all 
the legal powers of the president of said company. The 
said board of directors shall be increased by vote of a ma- 
jority of the stockholders present at any annual meeting, to 
any number not exceeding fifteen. 

§ 5. It shall be lawful for the directors to make calls 
upon the sums subscribed to the capital stock of said com- 
pany, at such time or times and in such amounts as they 
shall deem fit, giving at least thirty days' notice of each of 
said calls, in at least two public newspapers published in 
this state, and in case of failure on tiie part of any stock- 
holder to make payment of any call made by said directors 
for sixty days after the same shall have become due, the 
said board of directors are hereby authorized to declare 
said stock so in arrears, and all sums paid thereon, forfeited 
to said company. 

§ 6. The said company are hereby authorized and em- 
powered to locate, construct and complete, and to main- 
tain and operate a railroad, with a single or double track, 
and with such appendages as may be deemed necessary by 
the directors for the convenient use of the same, from 
Metropolis city, in Massac county, by the way of Vienna, 
in Johnson county ; Marion, in Williamson county ; Benton, 
in Franklin county; thence to a jjoint where it ijiay inter- 
sect a railroad now about being built, running north and 
south at or near where it crosses the base line, and are 
further authorized to survey and determine the line of said 
road upon such route, between said points, as the said com- 
pany shall deem most eligible; and the said company are 
further authorized to use and operate said railroad, and 
shall have povver and authority to regulate the time and 
manner in which goods, effects and persons shall be trans- 
ported on the same, and to proscribe the manner in which 
said railroad shall be used, and the rate of toil for trans- 
portation of persons or property thereon, and for the 
storage of merchandise and other property under their 
charge, and shall have power to provide all necessary stock 
and material for the operation of said road, and shall have 
power to erect and maintain all necessary depots, stations, 
shops, and other buildings and machinery for the accom- 
modation, management and operation of said road. 

§ 7. Tile said company are hereby authorized, by their 
engineers and agents, to enter upon any lands for the pur- 



203 1852. 

pose of making the necessary surveys and examination of 
said road, and to enter upon and take and hold all lands 
necessary for the continuation of the said railroad and its 
appendages, first making just and reasonable compensation 
to tiie owners of said lands for any damage that may arise 
to them from the building of said railroad, and in case the 
said company siiall not be able to obtain the title to tiie 
lands through which the said road shall be laid, by purchase 
or voluntary cession, the said company are hereby au- 
thorized to proceed to ascertain and determine the damages 
sustained by such owner or owners in the manner and upon 
the principles provided by the ninety-second chapter of the 
Revised Statutes of this state, entitled "Right of Way," 
upon the principles of any laws which may be hereafter 
found upon that subject : Provided, that after the appraisal 
of damages as provided in said statutes, and upon deposit 
of the amount of such appraisal in the circuit court of the 
county wherever sucii lands may be situated, the said com- 
pany are hereby authorized to enter upon such lands for 
the construction of said road. 

§ 8. The said company are authorized and empowered Power to borrow 
to borrow, from time to time, such sum or sums of money, '^^°°^''' 
not exceeding the capital stock of the company, as in their 
discretion may be deemed necessary, to aid in the construc- 
tion of said work, and to pay any rate of interest therefor, 
not exceeding ten per cent., and to pledge and mortgage 
the said road and its appendages, cr any part thereof, or 
any other property or effects, rights, credits or franchises 
of the said company, as security for any loan of money and 
interest thereon, and to dispose of the bonds issued for such 
loan, at such rate and on such terms as the board of direc- 
tors may determine. 

§ 9. Said corporation shall be bound to repair all pub- Repaira. 
lie highways, bridges and water courses which may be in- 
jured in constructing the said railroad or its appendages, 
and sliall restore them as far as practicable to as good a 
condition as they were before they were injured. 

§ 10. It shall be lawful for the said company to unite union with other 
witli any other railroad company which may have been or ^'^^'^^' 
may hereafter be incorporated by this state, and to grant to 
any such company the right to construct and use any por- 
tion of the road hereby authorized to be constructed, upon 
such terms as may be mutually agreed between the said 
companies. 

§ II. Any person who shall wilfully injure or obstruct penalties, 
the said road, or any of the appendages thereto, shall be 
deemed g'lilty of a misdemeanor, and shall forfeit to the 
use of the company a sum three-fold the amount of the dam- 
age occasioned by such injuries or obstruction, to be recov- 
ered in an action of debt, in the name of said company, 



1852. 



with cost, of suit, before any justice of the peace, or before 
any court of record in tliis state. 
Commencomont § 12. The Said Company shall be allowed three years 
of'wOTk''"'"'"' f^o^ ^^16 passage of this act for the commencement of said 
railroad, and in case tiie same shall not be completed in five 
years thereafter, the privileges herein granted shall be for- 
feited. 

§ 13. This act shall be deemed and taken as a public 
act, and shall be construed beneficially for all purposes 
herein specified or intended. 
Approved June 23, 1852. 



In force Aug. 22) 
1852. 



Commissioners. 



Commissioners. 



Plat to be filed. 



AN ACT to relocate certain portions of state roads therein named. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That Dan- 
iel Cosgrove, B. Benton and Irani Nye be and they are 
hereby appointed commissioners to relocate so much of the 
state road leading from La Salle to Grand De Tour as lies 
between said town of La Salle and the northeast corner of 
section seven, in Dimmick township, in La Salle county. 

§ 2. That Richard Stadden, Thomas Larkin and Jesse 
Green be and they are hereby appointed cc mmissioners to 
relocate so much of the state road leading from Ottawa, in 
La Salle county, through Tamerack timber, Sugar Grove, 
to Sycamore, in De Kalb county, Genoa, Belvidere, in 
Kane county, to the state line, in the direction of Madison, 
in tile state of Wisconsin, as lies between the south half of 
the southwest quarter and the south half tlie southeast 
quarter of section seventeen, and the whole of section 
twenty, in township thirty-four north, range four east, in 
La Salle county. 

§ 3. The said commissioners, or a majority of them, ap- 
pointed to relocate the several parts of roads in this act 
named, shall meet on or before the first Saturday in Sep- 
tember next, or as soon thereafter as possible — the first set 
of commissioners at the Hardy house, in the town of La 
Salle, and the second set at the house of Richard Stadden, 
in the township of Dayton, in La Salle county, and take an 
oatu before some justice peace of La Salle county well and 
truly to perform the duties required of them by this act. 

§ 4. When the commissioners shall have reviewed the 
said grounds, and shall have relocated said road, it shall be 
their duty to make out a plat of the road so located and lay 
said plat before the board of supt>rvisors of La Salle county, 
as soon as practicable after the completion of the same ; and 
the road so relocated is hereby declared the state road. 



205 1852. 

§ 5. Tiie said plat, sliall be evidence liereafter in all to be evwencp. 
courts of recoiul in this state, and it shall be the duty of the 
board of supervisors of the said coiuity to cause to be re- 
corded the said plat and report in their otlice. 

§ 6. It shall be the duty of the said Stadden, Larkin and \\i'itii ^i roan. 
Green, the second set of conimissioners, to declare what 
shall be the width of the said road so relocated, not to be 
less than fifty feet nor more than sixty-six ieet, and when so 
declared the same shall be the width ot tlje road, any Jaw 
to the contrary notwithstandinpr ; and all other roads, wheth- 
er state or county, running in the general diieetion oi the 
original road through the said parts of sections twenty, are 
hereby vacated. 

Approved June 23, 1852. 



AN ACT to amend the revenue law. In force Aug. 23, 

1852, 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That all of 
the provisions of section three of chapter eighty-nine of the ^.^tor'^luutes^ 
Revised Statutes, entitled " Revenue," shall be held to ap- sec. 73, chap. 89. 
ply to deeds made by the auditor of public accounts, as 
provided by the eighty-seventh section of the same chapter. 

§ 2. Deeds made by the auditor, in pursuance of the Effect of deetif;. 
provisions of said section eighty-seven, shall be conclusive 
evidence that the grantee therein named is vested with all 
the title of the state to the lands therein described, to the 
extent of the purport of such deed. 

§ 3. The auditor shall, upon the production of the cer- Duty of auditor. 
tificate of the clerk of the county court, execute deeds to the 
purchaser or his assigns, for all forfeited lands heretofore 
sold, which deeds shall be effectual to vest in the grantee 
in said deed all of the title of the state at the time of such 
sale. 

Approved June 23, 1852. 



AN ACT declarinfr certain lands exempt from taxation. In force June 23, 

^ ^ . 1S52. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Ass emblii. That asses- 
sors are hereby required to take into consideration tlie mcnt. 
diminution in value of lands occasioned by any public road, 
railroad, canal or its feeders, embankments, or earth dug or 



1852. 206 

thrown therefrom, in estimating the value of the same, and 
that tlie owners of lands thus occupied or incumbered shall 
only be required to pay taxes on the same, deducting the 
loss occasioned by said incumbrances. 

§ 2. This act to be in force from and after its passage. 

Approved June 23, 1852. 



sec. 13. 



In force June 23, AN ACT to amend an act entitled "an act for the impravement of a part 
1862. of the Illinois river, and for hydraulic purposes,'' approved aad in force 

February 12, 1851. 

Section 1. Be it enacted by the people of the State of 
lllinuis, represented in the General tdssembly^ That section 

Repeal of sec. 9. nine (9) of the act to which this is an amendment be and 
tiie same hereby is repealed. 

Amendment of § 2. The thirteenth section of the act to which this is 
an amendment is hereby so amended that it shall not be the 
duty of the board of supervisors of said county to incorpo- 
rate in their warrant to the collectors of the several towns 
having voted the tax therein referred to, except for the 
taxes for the year A. D. one thousand eight hundred and 
fifty-two, unless the said board shall certify tasaid board of 
supervisors that such tax is necessary; and it is hereby 
made the duty of the clerk of said La Salle county to certify 
to said board of supervisors, at their meeting to correct an^d 
equalize the tax lists and issue the warrants to the several 
collectors for the said taxes of the year one thousand eight 
hundred and fifty-two, the names of the several towns hav- 
ing declared their willingness to submit to said tax ; and the 
said clerk shall also pre])are a column in the several assess- 
ment lists prepared for the collectors of tiie said towns, for 
the collection of said taxes of eighteen hundred and fifty- 
two, and annex the said tax })rovided for in the said section 
thirteen to the property in said lists before issuing the same 
to the collectors ; and the said board of supervisors shall 
incorporate the same in their warrants to the said collectors^ 
as is provided in said section thirteen ; but whether the same 
is incorporated in the warrants or not, it shall be the duty 
of the persons appointed and required by law to collect the 
said taxes of that year to collect the tax provided in these 
acts, and pay the same over as required in said section thir- 
teen. Said tax shall be collected in all respects as the state 
and county taxes are. 

§ 3. The said river board shall pay for the real estate 

r/tater" '"' "in section (16) sixteen, township thirty-two (32) north, of 
range two (2) east, purchased of the school commissioners of 
said county, for the purpose of making the said improve- 



I'ayment for real 



207 1862. 

ment, and held in trust for that purpose by Edwin '^. Leland, 
and all expenses and taxes. If after four years the improve- 
ment provided for in the act to which this is an amendment 
shall not have been made or provided for by said board, all 
the property held by it shall be sold, and the proceeds, after 
payiniT expenses, distributed to the several towns having 
voted said tax, in proportion to the amount of tax collected 
of each. Should there be any surplus funds in the hands of 
the treasurer, the same may be invested to the best advan- 
tage by said board, for tiie j)urpose of paying taxes and ex- 
penses in future. 

Approved June 23, 1852. 



AN ACT to establish the town of Troy, in the county of Will. ^^ ^"Tci,™® ^^' 



1852. 



Section 1. Be it enacted by the people of the State of 
Illinois represented in the General *j9ssembly, That from ^^^j, ^^^ .p^^^. ^^, 
and after the passage of this act the town of Troy, in Will tabushed. 
€ounty, shall consist of the entire congressional township 
thirty-five north, range nine, east of the tiiird principal me- 
ridian. Thi« act to take effect and be force from and after 
its its passage. 

Approved June 23, 1852. 



JVN ACT changing and fixir.g the time of holding' courts in the ninth judicial m force Aug. 22; 

circuit. ^^2* 

Section 1. Be it 'enacted by the people of the State of 
Illinois, represented in the General tjissembly. That here- 
after the counties composing the ninth judicial circuit Length of term*. 
«hall be entitled to the following terms of the circuit court 
•annually, to wit : The county of La Salle, two terms of two 
weeks each; the county of Bureau, three terms of two 
weeks each; the counties of Kendall and Marshall, each 
two terms of two weeks each; the counties of Putnam and 
Livingston, each two terms of one week each. 

§ 2. The times for holding said circuit court shall be as Time of holding 
follows, to wit : In the county of La Salle, on the third Mon- 
day of February and the iirst Monday of November ; in the 
county of Livingston, on the first Monday of March and 
September ; in the county of Kendall, on the second Mon- 
day of March and the fourth Monday of November ; in the 
county of Bureau, on the second Monday of April, fourth 



1852. 



208 



Grand Juries. 



Return of writ: 



Act repealed. 



Monday of September and second Monday of January; in 
the county of Marshall, on the fourth Monday of March and 
second Monday of October; in the county of Putnam, on 
the fourth Monday of April and fourth Monday in October. 

§ 3. In the ninth judicial circuit there shall be no regu- 
lar grand jury selected at the following terms of the circuit 
court in the following counties, to wit : At the January- 
term of the Bureau circuit court, and at the October term 
of the Putnam circuit court, and at the September term of 
the Livingston circuit court. 

, § 4. All writs, subpcsnas and any other process which 
may have been or may be issued and made returnable to the 
terms of courts in the said circuit heretofore required to be 
holden, shall be deemed and taken to be returnable to said 
terms of courts as required to be holden under this act, and 
all notices which may have been given, either of publication 
or otherwise, with reference to the terms heretofore requir- 
ed to be holden, shall, by force of this act, infer [refer] to 
the terms of courts so required to be held under this act. 

§ 5. "An act fixing tiie times of holding the circuit court 
in the ninth judicial district," in force February 17, 1851, 
be and the same is hereby repealed. 

Approved June 23, 1852. 



^" ^""^1852^^ ^^' ^^ -^CT to extend the time for the completion of a portion of the Central 

Railroad. 



Extension 
time. 



Section 1. Be it enacted by the ]jeople of the State of 
Illinois, represented in the General Jissemhly, That the 
time for the completion of so much of the main track of the 
Central Railroad as lies between the city of Galena and the 
Mississippi river, opposite Dubuque, in the state of Iowa, 
be and the same is hereby extended for the term of four 
years, in addition to the time specified in the charter of said 
Central Railroad company. 

Approved June 23, 1852. 



In force Aug 
1852. 



AN ACT entitled an act to incorporate the Northern Illinois Railroad com- 
pany. 



Corporators. 



Section 1. Be it enacted by the jjeople of the State of 
Illinois, represented in the General Jissernbly, That all 
such persons as shall become stockholders, agreeably to 



209 1852. 

the provisions of this act, in tins corporation hereby crea- 
ted, shall be, and for the term of sixty years from and after Duration of .:/. 
the passage of this act shall continue to l)e, a body corpor- ^'°" '°'^* 
ate and politic, by the name and style of "The Northern llli- sty'e. 
nois Railroad company," and by that name shall have suc- 
cession for the term of years above specified ; may sue and General powers 
be sued, complain and defend, in any court of law or equity ; 
may make and use a common seal, and alter the same at 
pleasure ; may make by-laws, rules and regulations for the 
management of property, the regulations of its affairs and 
for the transfer of its stock, not inconsistent with the exis- 
ting laws and constitution of this state or of the United 
States, and may moreover appoint such subordinate agents, 
officers and servants as the business of the said company 
may require, prescribe their duties and require bond for 
the faithful performance thereof. 

§ 2. That Justus Bangs, Horace Burton, Joseph Fil-C'Jiumissiomrs, 
kins, Abram Reynolds, Neill Donnelly, "William A. McCon- 
nell, A. H. Nixon, George Gage, E. S. Woodworth, B. W. 
Raymond, Lawrence S. Cluirch, Charles McClure, Sidney 
Condict, Oliver W. Owen and Patrick E. Cassidy, be and 
are hereby appointed commissioners for the purpose of pro- 
curing subscriptions to the capital stock of said company, 
whose duty it shall be to open books for subscription to the '^•^ ^p^'" '^o"''- 
capital stock of said company, giving notice of the time 
and place when and where said books will be opened, at 
least thirty days previous thereto, by publication in some 
newspaper published in Woodstock and Chicago. The 
said commissioners, or a majority of them, shall attend at 
the place appointed for the opening of said books, and shall 
continue to receive subscriptions, either personally or byio receivo sm 
such agents as they shall appoint for that purpose, until the ^^'■'p*'°"^- 
sum of twenty thousand dollars shall have been subscribed, 
and as soon as said sum of twenty thousand dollars is sub- 
scribed the said commissioners shall give twenty days' no- 
tice, by publication in a newspaper published in Chicago 
and Woodstock, of an election by said stockholders of a 
board of directors as hereinafter provided, for the manage- 
ment of said company, at such time and place appointed 
for that purpose. The commissioners, or a majority of 
them, shall attend and act as inspectors of said election, 
and the stockholders present shall proceed to elect thir- Directors. 
teen directors by ballot, and the commissioners present 
shall certify the result of such election, under their hands, 
which certificate shall be recorded in the record book of 
s \id cnm})aiiy, and shall be sufficient evidence of the elec- 
tion of the directors therein named. The directors thus 
elected shall hold their offices for one year and until their 
successors are elected and qualified. 

14 



I 



1852. 



210 



Capital stock. 



Management of 
allairs. 



§ 3. The capital stock of said company shall be one 
million dollars, which shall be divided into shares of one 
hundred dollars each, and may be increased by the direc- 
tors of said company to any sum not exceeding one and a 
half million of dollars, if necessary to complete the works 
herein authorized, and the same shall be subscribed for and 
taken under the direction of the board of directors of said 
company, in such time, place and manner as the said direc- 
tors shall from time to time direct. The shares in said com- 
pany shall be deemed and considered as personal property. 
§ 4. The aifairs of said company shall be managed by 
a board of thirteen directors, to be chosen annually by the 
stockholders from among tliemselves. At all elections for 

Votes. directors each stockholder shall be entitled to one vote for 

each share held by him, and may vote either personally or 
by proxy, and a plurality of votes given at any election 
shall determine the choice, and no stockholder shall be al- 
lowed to vote at any election, after the first, for any stock 
which shall have been assigned to him within thirty days 
previous to such election. The directors shall hold their 
offices for one year after elected and until their successors 
are elected and qualified, and shall elect one of their num- 

vacancy. bcr president of said board, and in case of any vacancy 

occurring in said board of directors between elections, the 
same may be filled by the board at any legal meeting of 
the directors, and the person so elected to fill the vacancy 
shall liold his office until the next annual meeting of the 
stockholders. In case of the absence of the ])resident of 
the board the directors shall have power to elect a president 
pro tempore^ who shall exercise for the time being all the 
legal powers of the president of said company. The said 
board of directors may be diminished to any number not 
less than nine, nor increased to any number not exceeding 
fifteen, by a vote of a majority of the stockholders present 
at any annual meeting. 

§ 5. It shall be lawful for the directors to make calls 

^"oriptions". ^" " upou the sunis subscribed to the capital stock of said comr 
pany, at such time or times and in such amount as they 
shall deem fit, giving at least thirty days' notice of each of 
said calls in at least thiee public newspapers published in 
this state, and in case of failure on the part of any stock- 
holder to make payment of any call made by said directors, 
for sixty days after the same shall be due, the said board 
of directors are hereby authorized to declare said stock so 
in arrears, and all sums paid thereon forfeited to said com- 
pany. 

§ 6. The said company are hereby authorized and em- 
powered to locate, construct and complete, and maintain 
and operate a railroad, with a single or double track, and 
with such appendages as may be deemed necessary by the 



Koute of road. 



211 1852. 

directors for the convenient use of the same, from the city 
of Chicago, in the county of Cook, tiirough the village of 
McHenry, in the county of McHenry, to the north line of 
the state of Illinois, in said county, and shall have power 
to build branches to connect said road with any railroad or Branches. 
railroads in either or any of the counties, or upon tlie line 
of any of the counties through whicii said road shall pass, 
and to survey and determine the line of said road upon 
such route as the said company shall deem most eligible ; 
and the said company are further authorized to use and 
operate said railroad, and shall have power and authority 
to regulate the time and manner in which goods, efl'ects 
and persons shall be transported on the same, and to pre- 
scribe the manner in which said railroad shall be used, and 
the rate of toll for the transportation of persons and pro-ToUs. 
perty thereon, and for the storage of merchandise and other 
property under their charge, and shall have power to pro- 
vide all necessary stock and material for the operation of 
said road, and shall have power to erect and maintain all 
necessary depots, stations, shops and other buildings and 
machinery for tlic accommodation, management and opera- 
tion of said road. 

§ 7. That said company are hereby authorized, by their Right of way. 
engineers and agents, to enter upon any lands tor the pur- 
pose of making the necessary surveys and examinations 
of said road, and to enter upon and take and hold all lands 
necessary for the construction of the said railroad and 
branches and its appendages, first making just and reason- 
able compensation to the owners of said lands, for any dam- 
age that may arise to them from the building of said rail- 
road, and in case the said company shall not be able to ob- 
tain the title to the lands through whicli the said road shall 
be laid by purchase or voluntary cession. The said com- 
pany are hereby authorized to proceed to ascertain tlie 
damages sustained by such owner or owners, and determine 
the same in the manner and upon the principles provided 
by the 92d chapter of the Revised Statutes of this state, 
entitled "A Right of Way:" Provided^ that after the ap- 
praisal of damages as provided in said statute, and upon 
deposit of the amount of such appraisid with the clerk of 
the circuit court of the county wherein sucli lands may be 
situated, the said company are hereby authorized to enter 
upon such lands for the construction of said road. 

§ 8. The said company are authorized and empowered Power to loirov. 
to borrow, from time to time, such s ims of money, not ex- ™°"^y* 
ceeding the capital stock of said company, as in their opin- 
ion may be deemed necessary to aid the construction of 
said road, and to pay any rate of interest therefor not ex- 
ceeding ten per cent., and to pledge and mortgage the said 
road and its appendages, or any part thereof, or any other 



1852. 212 

property or eilects, riglits, credits or franchises of the said 
company, a;; security for any loan of money, and interest 
thereon, and to dispose of the bonds issued for such loans 
at such rate or on sucli terms as the board of directors 
may determine. 
Kcpa'- ot high- § ^ Said corporation shall be bound to repair all pub- 
ways, &c. \{q highways, bridges and water courses which may be 
injured in constructing the said railroad or its appendages, 
and shall restore them as far as practicable to as good a 
condition as they were before they were injured. 
I'nion with other § 10- It shall be lawful for the said company to unite 
ro.-.iis. with any other railroad company which may have been or 

may hereafter be incorporated by this state, or the state of 
Wisconsin, and to grant to any such company the right to 
construct and use any portion of the road hereby author- 
ized to be constructed, upon such terms as may be mutually 
agreed upon between said railroad companies ; also the 
right to purchase or lease all or any part of any other rail- 
road which is or may heieafter be constructed in this state, 
or the state of Wisconsin, upon such terms as may be mu- 
tually agreed between the said railroad companies. 
Penalty. § ^1- ^uy persou who shall wilfully injure or obstruct 

the said road, or any of the appendages thereto, shall be 
deemed guilty of a misdemeanor, and shall forfeit to the use 
of the company a sum tliree-fold the amount of the dam- 
ages occasioned by such injury or obstruction, to be recov- 
ered in an action of debt in the name of said company, with 
costs of suit, before any justice of the peace, or before any 
court of record in this state. 
commencemoiu, § 12. The Said Company siiail be allowed three years 
from the passage of this act for the commencement of the 
construction of said railroad, and in case the same shall not 
be completed in ten years thereafter, the privileges herein 
granted shall be forfeited. 

§ 13. This act shall be deemed and taken as a public 
act, and shall be construed beneficially for all purposes 
herein specifieJ or intended. 
Approved June 23, 1852. 



&c 



In force June 23, AN ACT to amend an act to incorporate the Okaw Bottom Plank Eoad 
1852. company. 

Section 1. Be it enacted by the people of the State of 

Illinois, represented in the General Assembly, That said 

Rate of tolls for corporatiou be allowed to charge tolls for all foreign travel 

foreign travel., gj,j.Qgg g^^^^j bottom, as follows, to wit : For every vehicle 

drawn by one animal, five cents ; for every vehicle drawn 



213 1852. 

by two animals, ten cents ; for every vehicle drawn by more 
than two animals, ten cents, and five cents additional for ev- 
ery animal more than two ; for every five head of neat cat- 
tle, sheep or swine, two cents; for every horse and rider, 
five cents; and for every lead horse, two cents; and that ^^^^^^^^^^^^.^^.,1 
the rate of tolls to the citizens of said county shall remain 
the same as now allowed by law. 

§ This act to take elFect from and after its passage. 

Approved June 23, 1852. 



AN ACT to incorporate the German Benevolent Society in the city of l" for'^^ -Ju-e 23, 

Galena. 

SECTioi-f 1. Be it enacted bi/ the people of the State of 
Illinois, represented in the General t/Issemhlij, ThatTheo- 
boid Metzgar, Peter Specht, Michael Soriere, Christopher ^•''■p°''''^'^«''5- 
E. Sanders and George Carman, their associates and suc- 
cessors, be declared and constituted a body corporate and 
politic, by the name of "The German Benevolent Society style, 
of the City of Galena, Jo Daviess county, and state of Illi- 
nois;" and by that name they and their successors shall General powers. 
and may have succession, and in such corporate name shall 
be capable in law of contracting and being contracted with, 
suing and being sued, pleading and being impleaded, an- 
swering and being answered, defending and being defended, 
in all courts and places of justice whatso3ver, in all manner 
of action, suit, complaints, matters and causes whatsoever; 
and have a common seal, and alter and change the same at 
pleasure ; and they and llieir associates and successors shall 
be capable of purchasing, holding and improving a suitable 
lot of ground, and erect thereon a building, of such mate- 
rials and construction as they may tliink proper for the 
use of the said society, and for no other purpose ; and the 
estate of said society, real and personal, shall not exceed 
the value of twenty thousand dollars, and shall be exclu- Estate. 
sively for the uses and objects contemplated by said society. 

§ 2. That the officers of said society shall consist of aomcers. 
president, vice president, a secretary, an assistant secreta- 
r}^, a standing committee of not less than five members, and 
a treasurer. 

§ 3. That the officers and members of said society shall constitution and 

J • • 11 by-laws. 

adopt a constitution and by-laws to govern and regulate 
the proceedings of said society, and the qualification of its 
officers and members. 

§ 4. That all contracts which may be made and entered Contracts. 
into by said society shall be subscribed by the president, 



1852. 214 

treasurer and secretary thereof, who shall be deemed and 
considered as the agents of said society for that purpose; 
which contract, when autliorized by the president and stand- 
ing committee of said society, shall be good and binding in 
law upon said society, and not otherwise ; and to the end that 
said authority may appear, the said president and standing 
committee shall keep a separate record of all their doings 
in relation to all contracts made and entered into ; which 
record shall be deemed and taken as prima facie evidence, 
in all courts and places of justice, of such authority. 

5 5. The personal effects belonging to said society shall 

Appropriation of^, -.iji •iij_.i' i. c 

personal proper- not be appropriated otlierwise than to the improvement oi 

*^" the real estate hereby authorized to be held, and to such 

charity, good feeling, and benevolent purposes, as shall be 

contemplated by its constitution ; which appropriation shall 

be made under the direction of tiie president and standing 

committee. 

Appropriation of § 6. That if Said socicty shall dissolve or disorganize, 

property in case |.}^gj^ in that casc, the lot, with the improvements thereon, 

ot cisorganiza- ' ' ' iii- •■! 

tion. and all moneys, estates, real and personal, belonging to said 

society, shall be appropriated for the use and benefit of a 
German free school, Matliout any religious distinction what- 
ever. 

§ 7. This act shall take effect from and after its passage, 
and may be altered, repealed or modified, whenever the 
public good may require. 

Approved June 23, 1852. 



In force June 23, AN ACT to relocate a part of a state road therein named. 

1652. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Jissemhly^ That Wil- 
commissioners. Ham Jackson, H. B. Keen, and S. E. McCord, be and they 
are hereby appointed commissioners to review and relocate 
so much of the Atlas and Carrollton state road as lies be- 
tween the town of Atlas, according to the town plat of said 
town, and the southeast corner of section one, in township 
seven south, and range five west, in Pike county. 

§ 2. Said commissioners, or any two of them, shall, at 
any convenient time after the passage of this act, proceed 
to review, relocate and open said road, and cause a plat of 
the same to be made and recorded in the county clerk's of- 
fice of said county ; after which said road shall be deemed 
and used as a public highway the same as other state roads. 

§ 3. This is a public act, and shall take effect from and 
after its passage. » 

Approved June 23, 1852. l 



215 1852. 

AN ACT to provide for the incorporation of transportation companies. In 'ore*? J^me 23, 

Section 1. Be it enacted by the ijeople of the State of 
Iltinoisy represented in the General Jissembly, That any 
number of persons, not less than ten, desiring to engage in Mode of incorpo- 
the business of building boats, and transporting persons and 
property thereon, may associate together and become incor- 
porated in the manner and upon the conditions following: 

§ 2. Such persons, under tiieir hands and seals, shall ceruacitte. 
make certificate of their agreement to associate together as 
aforesaid, which shall specify, first, the name assumed to 
distinguish such association, and to be used in its dealings; 
second, the place where the office of the association is to be 
kept, and its business transacted ; third, the amount of capi- 
tal stock and the number of shares into which it shall be di- 
vided ; fourth, the names and residences of the persons 
composing the association, and the amount of stock held by 
each ; fifth, the period at which the association shall com- 
mence and terminate ; the execution of wiiich certificate 
shall be acknowledged before some judge, notary public, 
clerk of a court of record, or justice of the peace, and then 
be filed with the secretary of state for safe keeping, and for 
the use and information of all who may become interested. 

§ 3. Upon the filing of any certificate, signed and ac- s.-''';'^';>'"^','^'^''^' ' 
knowledged as aforesaid, the secretary of state shall make 
and deliver to the ])ar(ies filing the same a certificate, un- 
der the seal of his office, in substance as follows : 

'• State of lllinuis, Office of the Secretary <f State. 

"Be it known, that on this day (A. B. &c., inserting the 
name at length,) has filed in this office a certificate of their 
desire to become incorporated under the provisions of the 
act of the general assembly entitled "an act to prov'i<le for 
the incorporation of transportation companies," in the words 
following: (here copy the certificate;) which said certifi- 
cate, having been executed and acknowledged, as required 
by the said act, the said parties are hereby declared to be 
incorporated, according to the provisions thereof. 

"Given under my hand and seal of office, this day 

of , 18—." 

Which certificate the secretary shall record in a book to 
be provided and kept for that purpose, and the same, or a 
certified copy thereof, shall be evidence of the facts therein 
stated. 

§ 4. Upon the recording of the certificate aforesaid, by ^''^^^''^*- 
the secretary of state, the persons so associated shall be a 
body corporate and politic, by the name assumed in their 
certificate, and by such name shall be capable of suing and 
being sued, pleading and being impleaded, contracting and 
being contracted with, of making and using a corporate 



1852. 216 

seal, and of transacting the business of the association as a 
natural person. 

tmoors. ^ 5. The officers of each association formed under the 

provisions of this act, by whom the business shall be con- 
ducted and the powers conferred exercised, shall be a pre- 
sident, secretary, and not more than nine nor less tlian five 
directors, including the president. 

-:ioct;ons. § 6. The persons associated as aforesaid may agree in 

their articles of association upon the time, place and man- 
ner of electing the officers, and also upon the number of 
votes which the owner of any given number of shares shall 
be entitled to; but in case no such agreement is made, the 
elections shall be held annually at the office or place of bu- 
siness of the association, and each owner of shares, not ex- 
ceeding in amount ten thousand dollars, shall be entitled to 
one vote for each ot such shares, and to one vote for every 
two shares of excess over ten tl;ousaiid ai'd not exceeding 
twenty thousand dollars, and for every ten thousand dollars 
exceeding the said twenty the owner shall be entitled to two 
votes. The said shares of stock shall be personal property, 
and assignable in such manner and upon such conditions as 
may be prescribed by the directory. 

u.roctors. § 7. Immediately after the first and every subsequent 

election of directors, the persons elected shall meet and 
appoint one of their number president, ai:d appoint a sec- 
retary, a certificate of which a})])ointments, signed by the 
president and secretary, with the seal of the corporation 
affixed thereto, shall be transmitted to the secretary of 
state, and filed with original certificate of association, 
copies of which, certified by the secretary of state, under 
his seal of office, shall be conclusive evidence of the facts 
therein stated. 

Business. ^ 8. The busiuess of associations incorporated under 

the provisions of this act, shall be directed and transacted 
by the president and directors elected and appointed as 
aforesaid ; and the power is hereby conferred upon tliem to 
adopt, alter and amend by-lav/s and rules and regulations 
for their own government as well as for that of all persons 
in their service, and with reference to the transaction of the 
business of the association; also to make all contracts and 
employ all agents and servants; to regulate the speed of 
boats, fix the rate of transportation for persons and proper- 
ty, and to do all other acts necessary to the execution of the 
powers given to the association : Provided, that no by-law, 
rule or regulation shall be adopted contrary to the consti- 
tution and laws of the United States or of this state. 

p^^.„g, § 9. Every association, formed as aforesaid, shall be 

vested with power — first, to engage in and carry on the bu- 
siness of building and equipping steamboats, or other vessels 
or crafts propelled in whole or in part b}' tlie power of steam 



217 1852. 

or sails ; second, in the making of engines and all other ma- 
chinery and apparatus necessary to the safe and convenient 
use of such boats, vessels or crafts ; third, in the transpor- 
tation of persons and property, or either, upon such boats, "' 
vessels or crafts; fourth, in the erection or construction of 
docks or places in which to place boats or otiier vessels for 
being repaired, and in repairing the same ; fifth, in making 
wharfs or stationary boats, for the purpose of receiving and 
discharging freight, and of taking care of and protecting 
the same ; also, in building wharfs on the shores of rivers 
and lakes, and keeping the same in repair; sixth, to have 
and hold such lots of real estate, with such improvements, 
furnaces, machinery and apparatus, as may be necessary to 
the convenient and economical transaction of the business 
of the association. 

§ 10. Every association, formed as aforesaid, shall, un-AccDunts. 
der the direction of tlie director}' thereof, keep regular ac- 
counts of all receipts and disbursements, and the secretary 
shall keep a regular record of the proceedings and action 
of the board of directors; which accounts and record shall 
be subject to the inspection and examination of the members 
of the association, at any regular or special meeting, or of 
any committee appointed to examine the same. 

§ 11. All the accounts of each association shall be made Dividends. 
up and balanced annually, and the ])rofits arising from the 
business of the association sliall be divided among the mem- 
bers, in proportion to tiie amount paid upon such share of 
stock : Provided, that any association may state the accounts Proviso. 
as aforesaid, and divide the profits semi-annually. 

§ 12. The president shall be the financial agent of such Financial agent, 
association, and, as such, receive and disburse the funds 
thereof: Provided, however, that any association may pro- proviso. 
vide for the appointment of a treasurer, to keep the cash 
accounts and receive and disburse (he funds. 

§ 13. Every member of any association shall be bound Payment of sub- 
to pay the amount subscribed as stock, at such time and in ^'^"p''°°^" 
such sums as may be required by the directors thereof; and 
a failure to pay any sum or instalment as required shall 
operate as a forfeiture to the association of all previous 
payments, and the party in default shall, moreover, be liable 
to pay any balance that may be due on his, her or their sub- 
scription, to be recovered in an action of assumpsit before 
any court having jurisdiction of the amount claimed. 

§ 14. All boats and vessels used by associations in cor- construction ot 
porated under the provisions of this act, for the transporta- ''°'^*^' 
tion of persons, shall be so constructed as to accommodate 
passengers of any description with rooms and berths, sepa- 
rated from the rooms and berths occupied by the officers 
and laborers employed in the navigation thereof; and any 
boat or vessel, used as aforesaid, shall be supplied with a suf- 



1852. 



218 



Racing prohibit- 
ed. 



Creditors. 



Liability. 



Penalty. 



ficient number of skillful, sober engineers, pilots and bands, 
to manage the same with safety. 

§ 15. Neither gunpowder, or any article or material lia- 
ble to spontaneous combustion, shall be transported by any 
association in any vessel propelled by steam, unless the same 
be placed in air-tight boxes, made of sheet iron, zinc, tin or 
other suitable material, so that fire falling on or coming in 
contact with such boxes, will not readily or immediately 
communicate with the contents thereof. 

§ 16. Boats and vessels used by associations formed un- 
der the provisions of this act, shall be subject to and regu- 
lated by the laws of the United States, so far as applicable 
to the same. 

§ 17. No boat used by any such association shall be 
permitted to run any race with or against any other boat, 
nor to make any trial of speed with any other, for the pur- 
pose of deciding which boat can be made to reach any 
port or place before the other, or of deciding which can be 
made to run from any port or place to any other in the least 
time ; nor shall any such boat be permitted to be run from 
any port or place to any other for the purpose of ascer- 
taining whether or not the trip can be made in any given 
time, or of ascertaining the shortest time required to make 
such trip; and for any violation of the provisions of this 
section, the person or persons having charge of the boat 
shall be subject to indictment, and upon conviction, to a 
fine not exceeding one thousand dollars ; and the judgment 
of the court shall be that the party shall stand committed 
to the jail until the fine and costs are paid. 

§ 18. All the property, rights, credits and effects of 
every association formed under the provisions of this act, 
shall be held in trust for the use of creditors ; and all con- 
veyances, transfers and assignments, made with intent to 
secure the payment of any one or more creditors, in pref- 
erence to others, as well as all sales of any part of the 
means aforesaid, with such intent, shall be void in respect 
to all other creditors. 

§ 19. The individuals comprising every association 
formed under the provisions of this act, shall be liable to 
creditors for all sums due on account of stock or otherwise, 
subject to recovery by suit in chancery, or by proceedings 
against them as garnishees, and no transfer or assignment 
of stock shall be made so as to change or affect any liabil- 
ity existing at the date thereof. 

§ 20. Any violation of any of the provisions of this act, 
or failure to comply with and conform to the same, shall 
subject the association to indictment by the corporate name, 
and upon conviction the judgment of the court shall be 
that the corporate powers of the association shall be and 
stand revoked, and that all the property, rights, credits and 



219 1852. 

effects owned by the corporation, shall vest in the people 
of the state of Illinois, subject to be disposed of under or- 
ders of the court to be made in said cause. 

§ 21. In every case of conviction and judgment under Effect of convic- 
the foregoing section, the court shall appoint one or more '''°"' '^'^' 
trustees to take charge of the property, rights, credits and 
effects of the corporation, and vest such trustee or trus- 
tees with power to convert the same into money, upon such 
terms as may be deemed reasonable, and to appropriate 
the same — first, in paying the expense of and allowances 
to trustees ; second, in paying the cost of the prosecution 
against the corporation ; third, in paying the debts and 
claims against the corporation ; and the balance to be divi- 
ded among the stock or shareholders, in proportion to the 
amount paid on the shares ; but in case the costs, expen- 
ses, debts and claims against the corporation exceed the 
amount of the trust funds aforesaid, then such debts and 
claims shall be paid, after deducting the costs and expen- 
ses, 2)rij rala, or in proportion to the amount due to each. 

§ 22. No such association shall issue or make any pro-issueotbms.&c. 
missory note, due bill, certificate of deposit, bill of ex- prohibited. 
change, order or draft, or any other instrument to pass or 
circulate in lieu of money, or bank notes, or bills, or as a 
substitute for money, bank bills or notes. 

This act shall take effect on its passage. 

Approved June 23, 1852. 



AN ACT to amend an act entitled "an act to reduce the laws incorporating in force June 23, 
tlie city of Chicago, and the several acts amendatory thereof, into one act, 1852. 

and to amend the same," and to amend an act to charter the city of Peru. 

Section 1. Be it enacted by the people nf the State of Illi- 
nois^ represented in the General Assembly, That so much cwcago. 
of the thirteenth division of the fourth section of the fourth 
chapter of the act entitled "an act to amend an act to reduce 
the law incorporating the city of Chicago, and the several 
acts amendatory thereof, into one act, and to amend the 
same," approved February fourteenth, eighteen hundred 
and fifty- one, as authorizes the issuing or granting of li- 
censes for the sale of wines or other liquors, ardent, vinous 
or fermented, at retail, and all and every other section or 
part of said herein named and recited act as authorizes the 
issuing or granting of licenses for the sale of wines or other 
liquors, ardent, vinous or fermented, at retail, in less quan- 
tities than one quart, be and the same is and are hereby re- 
pealed. 

§ 2. That so much of section one, article fifth, of an act Peru, 
entitled "an act to charter the city of Peru," approved Feb- 



1852. 



220 



ruary thirteenth, eighteen hundred and fifty-one, as autlior- 
izes the city council to license, tax and regulate grocers, 
taverns, tippling houses and dram shops, and all and every 
other section or part of section of said act as authorizes 
the issuing or granting licenses for the sale of spirituous 
liquors, be and the same are hereby repealed. 
Approved June 23, 1852. 



Ferry privileg 
granted. 



In force June 23, AN ACT granting ferry privileges and right of way to the Burlington and 
i^2* Warren Plank Road company. 

Section' 1. Be it enacted by the ■people of the State of 
Illinois, represented in the General Assembly, That the 
Burlington and Warren Plank Road company, organized in 
Henderson county, Illinois, April 19th, 1852, be allowed 
and they are hereby authorized to establisls and keep a 
ferry across the Mississippi river, from the western tenni- 
nus of their plank road, to the city of Burlington, Iowa, 
with the exclusive privilege of conveying across said river 
ail persons, their teams, horses, cattle and other animals, 
merchandise, &c., &c., that may have occasion to use their 
said road, and that they be allowed to demand and receive 
toll therefor according to the regulations of the county court 
of said Henderson county. 

§ 2. Be it further enacted, the act of the county court 
in granting the right of way to said company be hereby 
legalized and confirmed. 

Approved June 23, 1852. 



Act of county 
court legalized. 



In force June 23, 
1852. 



AN ACT to incorporate the Rockford Cemetery Association. 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly , That George 
Haskel, Anson S. Miller, Charles J. Horsman, Harry N. 
Spalding and John Fisher, and their associates and succes- 
sors, be and they are hereby created a body corporate and 
politic, by the name and style of " The Rockford Cemetery 
Association," located in Rockford, west of Rock river ; and 

General powers, by that name and style to have perpetual succession, and ail 
the powers, rights, liabilities and immunities incident to a 
corporate body. 

Officers. § 2. The officers of said association shall be five direc- 

tors, and such other officers as by this act may be authorized 



Coi-porators. 



Style. 



221 1862. 

or created, each of whom shall be the owner of one or more Their (luauiica- 

lots in the cemetery of said association. Said directors, or 

a majority of t!iem, in all cases, shall constitute a board for Board, &c. 

the transaction of all business and the management of all 

the property of said association, and shall be elected, by Term. 

ballot, on the first Monday in April, biennially, and shall hold 

tlieir office until their successors are elected. 

§ 3. Said board of directors shall choose from their own President ami 
number a president and treasurer, and shall appoint from '^^'^^^"'^"* 
the members of said association a secretary, sexton, and secretary, sex- 
such other officers as the interests of said association may ' 
require. A bond, with security, shall be taken by said Bond. 
board from said treasurer for the faithful discharge of the 
duties of his office. 

§ 4. At all elections of said association two of said di- Judges of eitc- 
rectors shall act as judges, and t!ie secretary of the board 
as chief clerk thereof; and said clerk shall, within ten days 
after each election, give to the persons chosen a certificate 
of their election. Said board may, on giving ten days' pub- 
lic notice thereof, hold a special election for filling the v a- vacancies. 
cancy or vacancies occasioned by the death, resignation or 
removal of any of said directors. 

§ 5. Every person having title to one or more lots in voters. 
said cemetery shall be a member of said association, and 
entitled to one vote only. Absent members shall have power 
to \-ote by ])roxy, authorized by writing, first filed with the 
secretary of said board. 

§ 6. Said boavd of directors shall have power to pur- Real estate, 
chase, receive by grant or otherwise, and hold lands, not 
exceeding fifty acres, for a cemetery, and to survey and lay 
out the same into lots, suitable for the burial of the dead ', 
also, to sell and convey the same by certificate of purchase, 
signed and acknowledged by the president and attested by 
the secretary, as hereinafter provided ; and the purchasers 
thereof, their heirs and assigns, shall use their said lots for 
burial purposes only. 

§ 7. The proceeds arising from the sale of said lots Application ot 
shall be applied by said directors in enclosing, protecting ^^°'^^^ ^' 
and ornamenting said cemetery, and in making such improve- 
ments thereon as said directors shall deem necessary or ap- 
propriate ; and said board of directors shall have power to power of direc- 
establisli and change by-laws, prescribe rules and regula- "'^^' 
tions for the appointment, term of office, duties and fees of 
their officers, the government of the association, and the 
general supervision and control of its property. Said board 
may, for cause, remove any of tlie officers of its appoint- 
ment. 

§ 8. Said board of directors sliall have power to sell and saie of ow ccmc- 
convey or otherwise dispose of the cemetery grounds here- ^*^'^* 
tofore occupied by the Rockford Cemetery Association, sit- 



Seal. 



Records. 



1862. 222 

uated on the town plat of Rockford west ; and the proceeds 
of the sale or other disposition of said grounds shall be ex- 
pended by the said directors in the purchase of others, for 
cemetery purposes, and for improving the same. Said 
grounds, so purchased, shall be exempt from taxation, at- 
tachment and execution. 

^ 9. Said association shall have a corporate seal, with 
such device and inscription thereon as may be determined 
by said board of directors. All deeds and other writings 
made or issued by said association shall be signed by the 
president, attested by the secretary, and sealed with said 
corporate sale. 

§ 10. Said board of directors shall cause to be kept and 
preserved in a book or books provided by them for that 
purpose, a full and complete record of all their meetings, or- 
ders, purchases and sales of property, with the names of 
parties thereto ; also, a complete register of the burials in 
said cemetery, with names and ages of the dead ; which 
book of record shall at all times be open for the inspection 
of the members of the association, and under the control of 
said board of directors. 
Right ot proper- § H- The right of property to any lot or lots in said 
^^- cemetery shall be vested in the purchaser by certificate of 

purchase, signed by the president, and attested by tlie sec- 
retary, and sealed as hereinbefore provided ; which certifi- 
cate shall be recorded by the secretary; and every trans- 
fer of such certificate shall be made by surrendering the 
same to the secretary, wIjo sliall tliereuj)on issue a new cer- 
tificate to the assignee and cancel the former. No person 
shall hold title to more than two lots. 
Plat. § 12. A plat of said cemetery shall be made by the 

county surveyor of Winnebago county, under the direction 
of said board, and attested by said surveyor, and subscribed 
and acknowledged by tlie president of said board before any 
officer authorized to take acknowledgments of deeds, and 
when so attested and acknowledged shall be recorded in 
the recorder's office of said county, and such recording 
shall give to the record all the force, effect and virtue that 
is bj'^ law given to records of town plats. 
Directors tor first § 13. The Said Gcorgc Haskell, Anson S. Miller, 
Charles O. Horsman, Harry N. Spaulding and John Fisher 
are hereby constituted said board of directors for the first 
year, and to hold their offices until the first Monday of April 
next, and until tlieir successors are elected ; and at their 
first meeting after the passage of this act they shall appoint 
a secretary, to hold for the like time. 

§ 14. This shall be considered a public act, and be in 
force from and after its passage. 
Approved June 23, 1852. 



ear. 



223 1852. 

AN ACT in aid oE the Spoon River Navigation company. in force June 23. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General *dssemhly^ That the 
Spoon River Navigation company, by their president and po^" to bunow 
directors, in addition to tiie rights and privileges conferred 
and possessed by their present existing charter, be and 
they are hereby authorized to borrow money for the pur- 
pose of aiding them in the prosecution of their contempla- 
ted work, and to secure the payment thereof by the bonds 
of the company, note, mortgage or otherwise : Provided, 
the said company shall not issue the bonds of the company 
for a larger amount, at any one time, than the amount of 
their capital stock actually paid in, and shall not pay an in- 
terest upon any such loan of over ten per cent, per annum. 

§ 2. The stock, property and effects of said company Lien on property. 
shall be liable for the debts of said company, and any pay- 
ment, assignment or transfer of said property by said com- 
pany, to any one or more of its creditors, for the purpose 
of preferring one or more to the whole of their creditors, 
shall be null and void as against the other creditors of said 
company. 

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

Approved June 23, 1852. 



AN ACT to incorporate the Joliet and Terre Haute Railroad company, in force June 23, 

Section 1. Be it enacted by the people of the State of 
Illinois, represented, in the General Assembly, That Henry 
Troup, Nathaniel Wilson, Peter Stewart, Franklin Mitchell, corporators. 
John W. Chapman, William Smitii, George Woodruff, Josi- 
ah McRoberts, G. D. A. Parks, W. C. Wood, John Curry, 
George W. Cassedy, Hamilton D. Risley and George Dili- 
man, and their associates, successors and assigns, are here- 
by created a body corporate and politic, under the name 
and style of " The Joliet and Terre Haute Railroad com- style. 
pany," and by that name be and they are hereby made ca- 
pable in law and in equity to sue and be sued, plead and 
be impleaded, defend and be defended, in any court of law 
and equity in this state, or in any other place ; to make, 
have and use a common seal, and the same to renew and 
alter at pleasure, and shall be and are hereby vested with 
all the powers, privileges and immunities which are or may '^^""''^^ p"^*^""-' 
be necessary to carry into effect the pur[)Oses and objects 
of this act as hereinafter set forth. And the said company 
are hereby authorized and empowered to locate, construct 



1852. 



224 



and fin;illy complete a railroad from Joliet, in Will county, 
in the direction of the city of Terre Haute, in the state of 
Indiana, by the most direct and eligible route to the east 
line of the state of Illinois ; and for this purpose said com- 
pany are authorized, upon the most eligible and direct 
route, to lay out their said railroad, wide enough for a sin- 
gle or double track, through the whole length ; and for the 
purpose of cutting embankments, stone and gravel, may 
take as much more land as may be necessary for the proper 
construction and security of said railroad. 

§ 2. The capital stock of said company shall consist of 
one million of dollars, and may be increased to two million 
of dollars, to be divided into shares of one hundred dol- 
lars each. The immediate government and direction of 
said company shall be vested in seven directors, who shall 
be chosen by the stockholders of said company, in the man- 
ner hereinafter provided, who shall hold their offices for 
one year aftei- election and until others shall be duly elec- 
ted 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 
number to be the president of the company ; that said board 
of directors shall have power to appoint all necessary 
clerks, secretary and other officers necessary in the trans- 
action of the business of said company. 

§ 3. The said corporation is hereby authorized, by their 
agents, surveyors and engineers, to cause such examina- 
tion and surveys to be made of the ground and country 
between the said town of .Joliet and the said east line of 
the state of Illinois, as shall be necessary to determine the 
most advantageous route for tlie proper line or course 
whereon to construct the said railroad ; and it shall be law- 
ful for said company to enter upon and take possession of 
and use all such lands and real estate as may be necessary 
for the construction and maintenance of their said railroad, 
depots, houses and other appendages : Provided^ that all 
lands or real estate entered upon and taken possession of 
and used by said corporation, for the purposes and accom- 
modations of said railroad, or upon which the site for said 
railroad shall have been located or determined by the said 
corporation, shall be paid for by said company in damages, 
if any be sustained by the owner or owners thereof, by the 
use of the same for the purposes of said railroad, and all 
lands entered upon and taken for use of said corporation, 
which are not donated to said company, shall be paid for 
by said corporation at such price as may be mutually agreed 
upon by the said corporation and the owner or owners of 
such land, and in case of disagreement the price shall be 
estimated, fixed and recovered in the manner pravided for 
taking lands for the construction of public roads, canals or 



225 1852. 

other public works, as prescribed by the act concerning 
right of way, approved March 3, 1845. 

§ 4. If any person shall wilfully, maliciously or wan- renaiu.-s, 
tonly, and contrary to law, obstruct the passage of any car 
on said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any part of the 
said railroad, or implements, or buildings, he, she or they, 
or any person assisting, shall forfeit and pay to said com- 
pany^ for every such offence, treble the amount of damages 
that shall be proved, before any competent court, shall have 
been sustained, and be sued for in the name and behalf of 
said company, and such offender or offenders shall be 
deemed guilty of a misdemeanor, and shall be liable to an 
indictment in the same manner as other indictments are 
found in any county or counties where such offence shall 
have been committed ; and upon conviction every such of- 
fender shall be liable to a fine not exceeding five thousand 
dollars, for the use of the county where such indictment 
may be found. 

§ 5. The time of holding the annual meeting of said AnnuiniK.iings 
coujpany for the election of directors shall be fixed and 
determined by the by-laws of said company ; and at all 
meetings each stockliolder shall be entitled to a vote in 
person or lawful proxy, one vote for each share of stock 
he, she or they may hold boiia fide in said company. 

§ 6. The persons named in the first section of this act^'''"""'-*-'""'^- 
are hereby appointed commissioners, who, or a majority of 
whom, are hereby authorized to open subscription books for 
said stock, at such places as they may deem proper, and 
shall keep said books open until the whole of said capital 
stock shall be taken. Said commissioners shall require each 
subscriber to pay five dollars on each share subscribed at 
the time of subscribing. The said commissioners shall call 
a meeting of the stockholders, by giving thirty days' notice 
in some newspaper printed in the county of Will, and at 
such meeting it shall be lawful to elect the directors of said 
company, and when the directors of said company are cho- 
sen the said commissioners shall deliver said subscription 
books, with all sums of money received by them as com- 
missioners, to said directors. No person sliall be a direc- 
tor in said company unless he shall own at least five shares 
of the capital stock. 

§ 7. That the right of way and the real estate pur- Rigiuor way. 
chased for the right of way by said company, whether by 
mutal agreement or otherwise, or which shall become the 
property of the company by operation of law as in this act 
provided, shall, upon the payment of the amount of money 
belonging to tlie owner or owners of said lands as a com- 
pensation for the same, become the property of said com- 
pany in fee simple. 
15 



1852. 226 

roll?. &c. § 8. The said corporation may take and transport upon 

said railroad any person or persons, mercl'.andise or other 
property, by the force and power of steam or animal, or 
any combination of tliem, and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon the same as the said directors shall from 
time to time establish ; and the diiectors are hereby author- 
ized and empowered to make all necessary rules, by-laws, 
regulations and ordinances that they may deem necessary 
and expedient to accomplish the designs and purposes and 
to carry into effect the provisions of this act, and for the 
transfer and assignment of its stock, which is hereby de- 
clared personal property, and transferable in such manner as 
shall be provided by the by-laws and ordinances of said com- 
pany. 

Additional stock. § 9. The directors of said company, after the same is 
organized, shall have power to open books in the manner 
prescribed in the sixth section of this act, to fill up the ad- 
ditional one million dollars of stock, or any part thereof, at 
such times as they may deem it for the interest of said 
company ; and all instalments required to be paid on the 
stock originally to be taken, and what may be taken to in- 
crease said capital, shall be paid at such times and in such 
sums as said directors may prescribe. 

Taoaucies. ^ 10. In case of the death, resignation or removal of 

the president, vice president or any director, at any time 
between the annual elections, such vacancy may be filled 
for the remainder of the year, whenever they may happen, 
by the board of directors ; and in case of absence of 
tiie president and vice nresideiit the board of directors shall 
have power to appoint a president ^jro lem., who shall have 
and exercise such powers and functions as the by-laws of 
the said corporation may provide. In case It should at any 
time happen that an election 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 cau!?e be deemed dis- 
solved, but such election shall be held at any other time 
directed by the by-laws of said corporation. 
^. , ^ 6 11. That when the lands of any fcmmes covert, per- 

Proceeding to ob- >> J ^ r i 

tain right o£ gous Under age, non compos mentis^ or out oi the state, 
shall be taken in the construction of said railroad, as is pro- 
vided by this act, the said corporation shall pay the amount 
that shall be awarded as due to the said last mentioned 
owners, respectively, whenever the same shall be lawfully 
demanded, together with six per cent, per annum. That 
to ascertain the amount to be paid to the persons named in 
this section, for land taken for the use of said corporation, 
it shall be the duty of the governor of this state, upon no- 
tice given to him by the said corporation, to appoint three 
commissioners^ to be persons not interested in the matter, t» 



227 1852. 

be determined by them, to determine the damages which 
the owner or owners of the land or real estate so entered 
upon by the said corporation has or have sustained by the 
occupation of the same ; and it shall be the duty of said 
commissioners, or a majority of tiiem, to deliver to 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 the said corporation in 
the clerk's office of the county in which the land or real 
estate so appraised shall be ; and 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. 

§ 12. Whenever it shall be necessary for the construe- interseciion.s,i:c, 
tion of said railroad to intersect or cross a track of any 
other railroad or any stream of water or water course, or 
road or highway, lying on the route of said road, it shall 
be lawful for the company to construct their railroad across 
or upon same : Provided^ that the said company shall re- ^'■"^■'*'^- 
store the railroad, stream of water, water course, road or 
highway intersected or crossed, to its former state, or in a 
sufficient manner not materially to impair its usefulness. 

§ 13. Said company shall have the power to unite its ^'"'"|^/^''"i """"^ 
railroad with any other railroad now constructed, or which 
may hereafter be constructed, either in this state or the 
state of Indiana, upon such terms as may be mutually agreed 
upon between the companies so connecting; and for that 
purpose, full power is hereby given to said company to make 
and execute such contracts with any other company as will 
secure the objects of said connection. 

5 14. Said company is hereby authorized, from time to i'^^'*^""- to borrow 

. . "^ . 1 I r 1 money. 

time, to borrow such sum or sums oi money as may oe ne- 
cessary for completing and finishing or operating their said 
railroad, and to issue and dispose of their bonds in denomi- 
nations of not less than five hundred dollars, for any amount 
so borrowed, and to mortgage their corporate property and 
franchises, or convey the same by deed of trust, to secure 
the payment of any debt contracted by said company for the 
purposes aforesaid ; and the directors of said company may 
confer on any bond-holder of any bond issued for money bor- 
rowed as aforesaid the right to convert the principal due or 
owing thereon into stock of said company, at any time not 
exceeding ten years from the date of the bond, under such 
regulations as the directors of said company may see fit to 
adopt. 

§ 15. The width of said railroad is to be determined by widtiiof ro«d. 
the said corporation within the limits prescribed by the first 
section of this act. 

§ 16. Said road shall be located and constructed by Route. 
way of Wilmington, in Will county, and Middleport, in Iro- 



1852. 228 

quois county, Danville, in Vermilion county, and Paris, in 
Edgar county, and may, if the directors so elect, be run to 
the east line of the state, in the direction of the city of La 
Fayette, and also of the city of Terre Haute and Fort 
Wayne, in Indiana. 

Extension. § 17. Said Company shall have power also to extend 

said road from Joliet to Oswego, in Kendall county. 

Connections, &c. § 18. Said Corporation may, if deemed proper, connect 
with the Wabash Valley Railroad, running from Vincennes 
northward, upon such terms as may be agreed upon between 

Piviiii.ition. said corporations. That the Joliet and Terre Haute Rail- 
road company are hereby prohibited from constructing or 
running their said road, or any branch thereof, to the Illi- 
nois state line, or connecting with any road to said state 
line, north or east of the town of Lafayette, in the state of 
Indiana. 

Approved June 23, 1852. 



infoicewiienap- AIv ACT to incorporate the town of Thebes, Alexander county, 

proved by a ma- 
jority of the le^. r> • /• o /• 

gal voters of Section 1. Be it enacted by the jieople of the State of 
Illinois, represented in the General Jlssemhly, That the 

Corporator?, residcut inhabitants of the town of Thebes, in Alexander 
county, are hereby constituted a body politic and corporate, 

'^'>'''^- to be known by the name of " The president and trustees of 

the town of Thebes," and by that name shall be known in 

General powers, law, and liave perpetual succession; may sue and be sued, 
plead and be impleaded, defend and be defended, in courts 
of law and equity, and in all actions and matters whatever ; 
may grant, purchase, receive and hold real and personal 
property within the limits of said town, and no other, burial 
grounds excepted, and may lease, sell and dispose of the 
same for the benefit of the town, and may have power to 
lease any of the reserved lands which have been or may be 
appropriated to the use of said town ; and may do all other 
acts as natural persons, which may be necessary to carry 
out the powers hereby granted; and may have a common 
seal, and alter the same at pleasure. 

City limits. § 2. That all of those tracts of lands embraced within 

the following boundaries, to wit, beginning at the south- 
west corner of Sycamore street, at low water mark ; thence 
north to the middle of Walnut street, at low water mark; 
thence east, along the middle of said street, to the N. E. 
corner of Fourth street; thence along the east line of said 
street to the southeast corner of said street ; and from thence 
to the place of beginnings as will more fully appear by a plat, 



229 1852. 

on record, of Freeman's addition to Thebes ; also, in the 
original town of Thebes, commencing in the middle of Wal- 
nut street, at low water mark ; running thence north to the 
northwest corner of Oak street; running from thence east 
to the boundary of said survey, including block 7 ; thence 
south to tlie middle of Walnut street; from thence to the 
place of beginning ; all of which will more fully appear by 
reference to the original plat of said town ; also, James L. 
Brown and Co.'s addition, beginning at low water mark at 
the northwest corner of Oak street; running thence north 
to the northwest corner of Poplar street; running thence 
east to block No. 7, including Eighth street ; thence south 
to Oak street; and from thence to tiie place of beginning, 
as will more fully appear by reference to the plat of said ad- 
dition to the town of Thebes. And it is further allowed that 
the said president and trustees may hereafter Include with- 
in the limits of said corporation all other additions to said 
town, on petition of a majority of tlie inhabitants interested 
therein. 

§ 3. Tiie corporate powers and duties of said town shall Cnrponit- pow 

be vested in a president and three trustees, who shall con- ^' 
stitute a board for the transaction of business, and who shall 
serve without compensation. 

§ 4. .4.nd the qualified electors of said town shall annu- Annunieintu.ius. 
ally elect a president of said town, who shall be president 
of the board of trustees; and the qualified electors [shall] 
elect a treasurer, who shall be ex ojjicio assessor, and one officers, 
constable, who shall be ex officio collector. Such treasurer 
and constable to receive sucii comj)ensatiL)n and in the man- 
ner as is provided by law lor constables and county treas- 
urers and assessors and collectors of the county and state 
revenue for similar services. 

§ 5. The president and members composing the board Timeoiri.ctions. 
of trustees shall be elected annually, on the first Monday of 
April, except the first election, which shall be as soon as 
the nature of the case may admit of, by giving the neces- 
sary notice, to serve until others be legally qualified ; 
they shall be at least 21 years of age, shall have the requi- 
site qualification to vote for state officers, shall have resided Qualifications. 
one year in said town, and the trustees shall at tlie time of 
their election be residents of said town. The treasurer and 
constable shall in like manner be at the time of their elec- 
tion qualified to vote for state officers, shall have resided at 
least six months within said corporation, and shall be elect- 
ed annually at the same time and hold their offices respec- 
tively for the same term as the president and trustees. All 
persons qualified to vote for state officers and being at the 
time actual residents within said corporation, shall be quali- 
fied to vote for officers of the same. 



1852. 230 

H.nds. § 6. The treasurer and constable shall, at the first regu- 

lar meeting of the board of trustees for the transaction of 
business after their election, or sooner, respectively give 
bonds, with one or more sureties, to be approved by said 
board, in a penalty of at least five hundred dollars, condi- 
tioned for the faithful discharge of the duties of their respec- 
tive offices, and on failure thereof the said office shall be 
deemed vacant; and the said board of trustees shall imme- 
diately order a new election to fill such vacancy, of which 
the requisite notice shall be given. 

Notice uf town ^ 7. It shall bc thc d uty of thc board of trustecs, iu such 
manner as they may provide, to give notice of all town meet- 
ings and special elections to be held under the provisions of 
this act, by publishing notice thereof at least one week pri- 
or tliereto in some public newspaper printed in said town, 
or if there shall be no sucli paper then by posting thereof 
in like manner in three of the most public places in said 
town; which notices sliall state tlie time, place and object 
of such meeting or election. 

cieik aud other § §. The board of trustccs sliall ai)point a clcrlc of their 
board, a town surveyor, and one or more street commis- 
sioners, as may seem requisite, and provide for their com- 
pensation ; tliey shall be judges ct' the qualifications, returns 
and election of their members, and of all other officers of 

vaoMicics. the town ; they shall have power to fill all vacancies in the 

board, occasioned by death, resignation or six months' ab- 
sence of any member thereof; a majority shall constitute a 
board to do business, but a smaller board may adjourn from 
day to day, may compel the attendance of absent members, 
and under such penalties as the board may provide; they 
may determine their rules of proceedings, and make such 
other rules and regulations for their government as they 
may deem expedient. 

specuu meetingf . § 9. The president of the board of trustees shall have 
full power to call special meetings of the board whenever 

Jurisdiction of iu his opiuiou the public good shall require it; he shall have 
president. coucurrcnt civil and criminal jurisdiction with justices of 
tlie peace, under the provisions of this act, within the limits 
of the corporation, and shall receive the same compensa- 
tion for his services. 

Ruard of election, ^ IQ. The three trustees in said town, with a clerk to 
be appointed by them, shall constitute a board of election; 
one of the trustees shall also act as a clerk of the said elec- 
tion, who shall be sworn by one of the trustees, before en- 
tering upon such office, faithfully to perform the duties of 

Oath. the same ; and the said trustees shall in like manner, before 

entering upon their aforesaid duties, be sworn faithfully to 
discharge their duties as officers of such election ; such oath 
to be administered by a justice of the peace ; at the close of 
which the said officers shall compare the poll books and cer- 



231 1852. 

tlfy the result as found by them, and shall seal up and return 
such certificate and one of said poll books to the board of 
trustees of said corporation, at its next regular meetincy, and 
the other poll books shall he retained by one of said officers 
of election, to be determined by said board. 

§ 11. The board of trustees shall hold a regular meet-'^[,^|^'[°e^!;°''«'^^'' 
ing to determine and decide upon elections the next Mon- 
day following every general or special election, and they 
shall also meet regularly for the transaction of other busi- 
ness on the first Monday of April, July, October and Jan- 
uary each year. 

§ 12. The board of trustees shall have power to levy Taxes for general 

1 11 . c 1 11 II I purposes. 

and collect taxes for general purposes annually upon all real 
and personal estate within said town, to the amount of thir- 
ty-five cents on the one hundred dollars upon the assessed 
value thereof; to make regulations to secure the general n-aith rcguia- 
health of tlie iniiabitants ; to prevent and remove nuisances ; xuisances. 
to restrain horses, cattle, sheep, hogs and dogs from running Djgs, boss, &.c. 
at large ; to erect and keep in repair bridges ; to license Bridges, 
and regulate auctions, taverns, theatrical and other shows, Licenses. 
billiard tables and other amusements; to restrain and pro- 
hibit gambling houses and other disorderly houses ; to pre- Gambling hoizs-s 
vent tlie shooting of fire arms within the limits of the cor- snooting. 
poration ; to establish and erect markets ; to open and keep Markets, 
in repair streets and avenues, lanes and alleys, drains and streets, &c. 
sewers; to establish and regulate a fire department; to Fire department. 
provide for the prevention and extinguishmert of fires ; to Prevention ot 
dig wells and erect pumps in the streets for the convenience weiis,&c. 
of the inhabitants ; to regulate storage of gunpowder and Gunpowder. 
other combustible materials; and, from time to time, pass 
such ordinances to carry into effect the provisions of this 
act and the powers hereby granted as the good of the in- 
habitants may require; and may impose appropriate fines and ^''^^^' 
forfeitures for tlie breach of any ordinance, and provide for 
the collection thereof. The president of the board of trus- smts. 
tees, or any justice of the peace within said corporation, 
shall have jurisdiction to hear and determine all cases ari- 
sing under or growing out of the by-laws and ordinances 
made in pursuance of this act of incorporation ; and appeals Appeals. 
may be taken and writs of certiorari allowed from such deci- 
sions in the manner that now is or hereafter may be provided 
by law for appealing from decisions of justices of the peace. 

§ 13. Upon the application of the owners of two -thirds sidf walks, 
of the real estate upon any street, or in any block or blocks 
or half blocks, it shall be lawful for the board of trustees to 
pass an ordinance requiring the owners of the lots bounded 
upon such street, or situated in such block, blocks, or half 
blocks, to construct a side walk in front of their respective 
lots, in such manner, of such materials and within such 
time as shall be specified in such ordinance, and the said 



1852. 232 

board may provide in such ordinance for the payment to 
the owi er of such real estate, upon completion of such 
walk, of any sum not exceeding one-fourth the cost there- 
of, to be estimated and specified in such ordinance: Jiml 

Piwiso. j)ruirided further^ that the owners of real estate shall in all 

cases bear at least three-fourths the expense of construct- 
ing side walks in front of their premises : */lnd provided 

\-mihn inwiso. J iirf her, that if any person shall fail to construct a side walk 
in front of his premises, in the manner and within the time 
specified in such ordinance, the board of trustees shall or- 
der tlie collecting officer of said corporation to collect from 
sucli delinquent a sum of money equal to the cost of such 
side walk, to be estimated and specified in such ordinance. 

streets, &c. § 14. Tile board of trustees shall have power to regu- 

late, grade, pave and improve the streets, avenues, lanes 
and alleys within the limits of said town, and to extend, 
open, widen, narrow or abrogate any such street, on the 
petition of two-thirds of the property holders on each side 
ol the street so proposed to be altered or abrogated, making 

Da.iwiies. the person or persons injured thereby adequate compensa- 

tion, to ascertain which the board shall cause to be sum- 
moned twelve good and lawful men, (freeholders,) inhabi- 
tants of said town, not directly interested, who being first 
duly sworn for that purpose, shall inquire into and take 
into consideration as well the benefits as the injuries that 
may accrue, and estimate and assess the damages which 
would be sustained by any such persons by the proposed 
alteration; all of which shall be certified by such appraisers 
to the board of trustees, who shall cause all damages as- 
sessed to be paid by the persons making application for 
said change, before making any such change or alteration : 

Proviso. Provided, that the persons who may be injured, or who 

may claim damages therefor, shall have ten days' notice of 
the time and place of making such appraisal, and that they 
may appeal from such decision to the circuit court of the 
county, by filing bond in a penalty of fifty dollars, to cover 
costs, with the clerk, within two days alter he shall be no- 
tified of the decision of such appraisers, conditioned to pay 
all costs that may be adjudged against him on such appeal. 

Neglect to pay § 15. That whenever the owners of any lot or piece of 
taxes. ground, within the limits of said corporation, shall neglect 

or refuse to pay the tax or taxes levied on the same when 
they may become due, it shall be the duty of the trustees 
to advertise the same lor non-payment, either in a news- 
paper printed in said town, or by posting in three of the 
most public places in said town, for the space of sixty 
days, and on further failure of payment thereof and costs^ 
to sell at the expiration of sixty days, at public sale, said 
lots or pieces of ground, to pay said taxes and the costs and 
expenses of collection. 



233 1852. 

5 16. All ordinances shall, within ten days after their PuWication of or- 
passage, be published either in a newspaper, it one is jjrin- 
ted in the town, or by posting in three of the most public 
places in said town. 

5 17. When any real estate in said town shall be sold Redemption of 
for non-payment of taxes, by ; uthority of said corporation, 
said lands may be redeemed in the time that other lands 
sold for county or state taxes are redeemed, by virtue of 
the laws of this state, upon paying the treasurer of the 
board, for tiie use of the purcliaser, double the amount of 
taxes for which the same sold, together with all the costs 
accruing on such sale. Lands not redeemed under such 
sale shall be conveyed by special warranty, under the seal 
of the corporation. Such deed to be signed by the presi- 
dent and clerk of the corporation. 

§ 18. All lots of land or parcels of ground set apart cityp^pei-'y. 
for public purposes, (except the court house square,) or 
which have been or may be conveyed by the original pro- 
prietors thereof to the inhabitants of said town, in their 
aggregate capacity, or to the said corporation, or to any 
person or persons in trust for them or their use and benefit, 
and the said president and trustees shall have power to in- 
stitute suits for the recovery of every or any such lots or 
parcels of land, should it be necessary, and to perfect in 
them, or their successors, the title thereof, or to make such 
other adjustment thereof as shall seem expedient and 
proper. 

§ 19. The president and trustees and other officers ofoath of office, 
the corporation shall, before entering upon the duties of 
their respective offices, take an oath or affirmation before 
some judge or justice of the peace, to support the consti- 
tution of the United States and of this state, and faitiifully 
to discharge the duties of their several offices. 

§ 20. The president and trustees shall have the power Property and cai>- 
to levy a property and per capita tax for road and street 
purposes, as is now conferred by law upon the county court, 
and for this purpose their jurisdiction shall extend over Jurisdiction, 
persons and property within said corporation, and to all 
persons residing within one mile from the said corporation 
on the public roads leading therefrom, and it shall be the 
duty of said board of trustees to provide for working and 
to keep in repair all public highways leading from said 
town, for the distance of one mile from the boundaries 
thereof, and the inhabitants taxed or subject to taxation by 
said corporation for road purposes shall not be liable to 
other similar taxation by the county for road purposes. 

§ 21. Whenever a majority of the legal voters, being -A^dditioiK. 
inliabitants of any addition to said town, not by this act 
embraced within the limits of said incorporation, shall 



1852. 234 

petition the said board of trustees to be incorporated in the 
boundaries of said town, it shall be the duty of said board 
to make an order, to be entered upon their minutes, that the 
boundaries of said incorporation be extended so as to em- 
brace such addition, and tliey shall cause a certified copy 
of such order to be filed with the recorder of said county 
of Alexander, who shall transcribe the same upon the 

Alterations. Fccords of Said county. And the said board may at any 
time after the expiration of two years from the passage of 
this act of incorporation, change and modify the boundaries 
of said town : Provided, that no order of said board ma- 
king such change or alteration shall take effect until the 
same shall be submitted to the qualified voters of said town, 
at an election to be held for that purpose, and be approved 
by the vote of a majority of tiie persons voting for or 
against such alteration: ,j^nd provided farther, that said 
board shall cause a certified copy of the order making such 
change or alteration, after being so ratified, to be filed with 
the recorder of said county, who shall transcrioe the same 
upon the record of his office. 

Vote to be taken. § 22. For the purpose of organizing said town under 
the provisions of this charter, an electicn shall be held in 
said town the second Monday of August next, and the 
qualified voters thereof may proceed to vote for a presi- 
dent of said town, three trustees, a treasurer and town 
constable ; said election siiall be held at the court house in 
said town. John Dollman and Alexander W. Anderson 
shall be judges of said election. Said judges of election 
shall conduct the same agreeably to the provisions of this 
act, and the laws regulating elections in this state. And 
the said judges shall make return of said election, duly 
certified, with the poll-books, to the clerk of the county 
court of Alexander county the next day after such election, 
and said clerk, together with any two justices of the peace 
of said county, shall proceed to open said returns and can- 
vass said votes; and the person having the greatest number 
of votes for the office of president shall be duly elected, 
and the three persons who shall have the highest number 
of votes for trustees shall be duly elected trustees for said 
town, and the person having the highest number of votes 
for treasurer shall be duly elected, and likewise the person 
having the highest vote for constable shall be duly elected. 
If two persons or more in said town shall have an equal 
number of votes for trustees, the said clerk and justices 
shall proceed to determine by lot which of said persons 
shall be trustee or trustees, and in like manner shall deter- 
mine by lot, in case two or more persons shall receive an 
■equal and highest number of votes for the offices of presi- 
dent, treasurer and constable, which of said such persons 



235 1852. 

so receiving an equal number of votes shall be entitled to 
such offices, respectively, to be determined as in the case 
of trustees. And said clerk and two justices shall make 
an abstract of the returns of said election, certifymg under 
their hands, and deliver the same to the person who shall 
be elected president, and the said president shall thereupon 
notify the persons who are elected trustees and other offi- 
cers of their election, and shall appoint a time and place 
for said trustees to meet, for the purpose of organizing said 
board : Provided^ that if from any cause the said election 
shall not be held on the second Monday of August, as above 
provided, the same shall in that case be held on the second 
Monday of September next. 

§ 23. It is farther enacted, that this act sliall not take when this act to 
effect or be in force until after the same shall first have 
been submitted to a vote of the legal voters residing or 
owning real estate within tlie limits of said corporation, as 
described in section two of this act, and decided in favor 
of tlie acceptance of this act of incorporation, by a major- 
ity of said voters voting in favor thereof. Said election 
shall be held at the court house in said town of Thebes on 
the second Monday of August next. The clerk of the 
circuit court of said county, together with any two justices 
of the peace of the Thebes precinct, in said county of 
Alexander, shall be the judges of said election, who shall 
appoint their clerk and be sworn in the same manner as is 
provided for the swearing of other judges and clerks of 
election, under the provisions of this act. The poll- books 
shall be opened for the reception of votes at one o'clock in 
the afternoon of said day and continue open until six o'clock 
of the same day, and within one day after closing the polls 
the said judges shall transmit an abstract of the vote taken, 
together with one of the poll-books, to the clerk of the 
county court of said county, who shall, together with two 
justices of the peace of said precinct, proceed to open and 
canvass said votes within three days after said returns shall 
be received by him, and after canvassing said votes said 
canvassers shall file a certificate of the result of said elec- 
tion, showing the number of voles for and number against 
accepting this act, with the clerk of the said county court, 
and in case a majority of the votes cast at said election 
shall be in favor of accepting this act, then this act shall 
take effect from and after filing the said canvassers' certifi- 
cate. Notice for the time and place of said election shall 
be given by the clerk of the county court of said count}', 
by posting printed or written notices in at least three of the 
most public places in said town, at least ten days previous 
to the day of election. 

§ 24. It shall be the duty of the president, trustees Mers and loar- 
and all other officers of said corporation, to arrest all idlers, 



1852. 



236 



loafers, &c., and have them prosecuted under the 138th 
section of the criminal jurisprudence of the statutes of 
Illinois. 

Approvkd June 23, 1852. 



Mauaer of assess- 
ment. 



lu force June 23j AN ACT to amend the revenue laws, and provide for the collection of the 
1852. state taxes in the city of Quincy. 

Section 1. Be it enacted hy the people of the State of 

Illinois^ represented in the General *^ssembly, That hereaf- 

County treasurer ter 5 it shall be the dutv of the countv treasurer of Adams 

to assess pro- ^ J -J 

pcrtyin Quincy. county to assess the property, real and personal, taxable 
within the limits of the city of Quincy for state purposes, 
and in the discharge of such duty he shall be governed by 
and conform to the requirements of the general revenue 
laws of this state. 

§ 2. The treasurer aforesaid shall qualify as assessor, 
make the assessment and the return thereof in like man- 
ner as assessors in counties not ado})ting the act entitled 
" an act to provide for township organization" are required 
to do, and shall receive like compensation for his services 
as such assessor, to be paid by the county of Adams, in the 
same manner that the county treasurers of other counties 

AppiicatiOT of are paid for such services. The first and second sections 
of this act shall apply to the assessment for the year A. D. 
one thousand eight hundred and fifty-three, and subsequent 
years. 

Collector ex offi- ^ 3^ rpj^^ ^^^^-^^ ^f Adams county shall be ex officio col- 
lector, and as such collector shall collect the taxes for state 
purposes within the limits of the city of Quincy, for the 
year one tliousand eight hundred and fifty-two, and subse- 
quent years. Said collector shall qualify, give bond, and 
perform the duties required by this act, be subject to the 
same liabilities and penalties, and receive like compensa- 
tion as collectors acting under the general revenue laws of 
this state in counties not adopting the township organiza- 

Proviso. tion law : Provided, that if the city marshal of the said city 

of Quinc}' neglects or refuses to give bond and collect the tax 
for the year 1851, as now required by law, then and in that 
case it shall be the duty of the sheriff of the said county of 
Adams, when required so to do by the auditor of public ac- 
counts, to qualify as collector, and collect and pay over 
said taxes. 

§ 4. For the purposes of assessing the property and col- 
lecting the taxes for state purposes within the limits of the 
city of Quincy, the several acts relating to the revenue, 



Act in force. 



237 1852. 

except the " act to provide for township organization" now 
in force, or which may hereafter be passed, shall be and 
have tlie same force and effect, for the purposes aforesaid, 
as they would liave had if the " act to provide for town- 
ship organization" had never been adopted in the county of 
Adams, anything in said act to the contrary notwithstand- 
ing. 

§ 5. If the treasurer and sheriff of Adams shall neglect vacancy, how 
or refuse to qualily and perform the duties required by this '''"«^»*'^- 
act, they, or either of them, so neglecting or refusing, shall 
be removed from office, and the vacancy caused by such 
removal shall be filled in like manner as in other similar 
cases under the revenue laws of this state. 

§ 6. The services performed by the city assessor of the services of city 
city of Quincy, and the clerk of the county court, under paij'fo"? ^°^ 
"an act to provide for the assessment of property in the 
city of Quincy for state taxes, and for the collection of taxes 
therein, for the year one thousand eight hundred and fifty, 
and for subsequent years, and for exempting the city of 
Quincy from the operation of the law authorizing township 
organization," approved February fifteenth, eighteen hun- 
dred and fifty-one, shall be paid for by tlie county of Ad- 
ams, in the same manner as county assessors and county 
clerks are paid for similar services. 

§ 7. The collector of taxes for the year one thousand Judgment tor. !e- 
eighteen [eight] hundred and fifty-one in the city of Quin- 
cy may obtain judgment on the .non-resident delinquent 
list at the October term of the county court, and shall pay 
over lo the state treasurer and make final settlement with 
the auditor for the taxes of said year on or before the first 
day of November next. Bonds given in pursuance of this 
act shall be approved bv the judge of the county court, any 
thing in the revenue laws to the contrary notwithstanding. 

§ 8. It is hereby declared that the true intention and Declaration of ir- 
meaning of this act is, that the state taxes on the property 
taxable within the city of Quincy shall be assessed, collec- 
ted and paid over in the same manner that state taxes are 
collected and paid over in counties tliat have not adopted 
the act to provide for township organization, and that the 
revenue laws of this state, except the act aforesaid, shall 
be and remain in full force and effect for the purpose afore- 
said, and that the fees and compensation allowed for ser- 
vices rendered under tiie general revenue laws of this 
state shall be allowed and paid in the same manner as such 
fees and compensation are allowed and paid for in counties 
acting under the general revenue laws of this state. 

6 9. If tlie city marshal of the said city of Quincy shall city marshal and 

** .1 sure 1163 to fil* 

have executed bond for the collection of the taxes for the acceptance. 
year one thousand eight hundred and fifty-one, at any time 



1852. 238 

prior to the passage of this act, he and his securities shall 
file with the clerk of the county court of Adams county 
their written acceptance of the provisions of this act, which 
shall make them, and each of them, as fully bound for the 
payment of said bond as they would have been had such 
bond been executed after the passage of this act. 
Annual payment § 10. The city couucil of the city of Quiucy shall pay 
on the first Monday of .September next, and annually there- 
after, to the county of Adams, the sum of three hundred 
dollars, for the purpose of reimbursing said county the mon- 
eys advanced by her under the provisions of this act, and 
on account of court expenses, &c. 

§ 11. This act to take effect and be in force from and 
after its passage. 

Approved June 23, 1852. 



t» Aflams coun 



lu force June 23, AN ACT to establish a ferry across the Illinois river near its junction 
1852. with the Mississippi river. 

Section 1. Be it enacted hy the people of the State of 
Illinois, represented in the General Jissemhly, That La 

^l^ltawf-^rflrry!" ^^y^tt^ McCrilHs is hereby authorized to establish a ferry 
across the Illinois river near its mouth, on the south side 
of the river, in Calhoun county, on any part of section one 

Location of ferry. Q J. ^^q^ from any land belonging to said McCrillis, to the 
opposite side of the river in the county of Jersey at and op- 
posite said places, and to charge rates of ferriage hereto- 
fore allowed on said ferry. 

Bmbankments, ^ 2. Said McCrilHs, his heirs and assigns, shall have the 
right to make all of the necessary embankments and other 
improvements that he or they may deem necessary to en- 
sure the safety and convenience of persons and property 
crossing said ferry, which improvements may be erected in 
any public road leading to said river, or upon the land of 
said McCrillis upon which no road may pass, and with 

Roads. the same object the said McCrillis may make new roads, 

and repair the present roads leading to and from the said 
ferry, and the said McCrillis shall pay upon such ferry 
such taxes as may be fixed by the county courts of the 
counties of Jersey and Calhoun. 

pro7is,ions of Re- § 3, ^g {f further enacted. That section three, four, 

vised Statutes -,^., .'', ^, i-i c y ]. c 

aioptpd. five, eight, nine, eleven, twelve, and sixteen oi chapter for- 

ty- two of the Revised Statutes of eighteen hundred and 
forty-five, in relation to toll-bridges and ferries, are here 
referred to and made a part of this act, so far as said sec- 



239 1852. 

tions are applicable to ferries. This act is declared to be a 
public act, and shall take effect and be in force from and 
after its passage. 

Approved June 23, 1852. 



AN ACT changing the times of holding courts in the sixth judicial district, m force .June 2.3, 



I8fie. 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That the 
circuit courts of the several counties composing the sixth Time of courts. 
judicial circuit, shall be holden at the county seats of the 
respective counties at the times following, to wit : In the 
county of Ogle, on the third Monday in March and the first ogic. 
Monday in September; in the county of Lee, on the first Lee. 
Monday in April and the third Monday in September ; in 
the county of Whiteside, on the second Monday in April wuitesuu. 
and the fourth Monday in September ; in the county of Car- carroii. 
roll, on the fourth Monday in April and the second Monday 
in October ; in the county ot Henry, on the first Monday in nenn. 
May and the fourth Monday in October; in the county of 
Rock Island, on the second Monday in May and the first Rocfc.isiaud. 
Monday in November, in each and every year. 

§ 2. That all writs, process, and other proceedings Return of wiiu. 
made or to be made returnable in the circuit courts of the *""' 
said several counties, on the several days now fixed by law 
for the commencement of the terms of said court, shall be 
regarded and held as returnable to the terms of the said court 
as herein established, and no such writ, process, or other 
proceeding shall be quashed set aside or continued because 
of the omission of the return day thereof, as fixed by this 
act. 

§ 3. This act shall, upon its passage, be published in Publication of 
the paper of the public printer, and a copy thereof shall '"'• 
immediately thereafter be transmitted by the secretary of 
state to each of the clerks of said circuit courts. 

§ 4. All acts and part of acts conflicting with the pro- Repeal of con- 
visions of this act are hereby repealed. This act to take «'^*'"e«*'«- 
eflfect from and after its passage. 

Approved June 23, 18,52, 



stion. 



1852. 240 

III force June 23, AN ACT to authorize the drainage of lands in the townships therein men- 
1852. tioned;, and to construct roads therein. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That Hen- 

corporators. ry Siiiitli, George W. Snow, James H. Rees, George Steel, 
Hart L. Stuart, Isaac Cook, and Charles V. Dyer, and 
their successors in office, be and they are hereby created ' 

Name iinri style. ^ body corporatc and politic, by the name and style of" The 
Cook County Drainage Commissioners," and by such name 

General powers, shall have successiou, coutract and be contracted witli, sue 
and be sued, plead and be impleaded, without a common 
seal, in all courts of law and equity in tiiis state, and be fully 
invested with all the powers which may be needful to carry 
intD effect all the purposes and objects of this act. 

Objects of corpor- § 2. The Said corporation is hereby authorized and em- 
powered to survey, locate, construct, complete and alter 
ditches, embankments, culverts, bridges and roads, and to 
maintain and keep in repair any such ditches, culverts and 
bridges and embankments over, through and across any 
lands lying in townships number 37, 38, 39, and 40, in ran- 
ges 12, 13, and 14, east of the third principal meridian, in 
Cook county, and over, under and across any public road, 
railroad or plank road, which now is or may be hereafter 
laid out or constructed in said townships, and for such pur- 

Right of way, pose shall have right of way upon, and may appropriate to 
the uses and purposes contemplated herein, all the lands, 
stone, timber, and materials of every kind for tlie location, 
construction and alteration of the said ditches, embank- 
ments, culverts, bridges and roads, and for the mainte- 
nance and repair of any such ditches, culverts and embank- 

Fiiing of plats, j^jj^^g j g^d upon filing a plat of any such road laid out by 
said commissioners, in the office of the clerk of the Cook 
county court, certified by any three of said commissioners 
appointed at any regular meeting to lay out such road, the 
same shall become a public road and subject to the laws in 
force in relation to public roads. 

Mode of obtain- § 3. When any such land, stone, timber, or other ma- 

■""'''"'^'"'"''"^* terial cannot be procured by cession, voluntary grant, or 
release of the owner or owners thereof, the same may be 
taken and paid for, if any damages are awarded, in manner 
following, to wit : Wiien any land, stone, timber or other 
material shall be deemed by said commissioners to be ne- 
cessary for the construction, maintenance or alteration of 
any sucli ditch, embankment, bridge, culvert or road, the 
said commissioners, or any three of them appointed at any 
regular meeting of said commissioners, to lay out any such 
ditch, embankment or road, shall make an appraisal of dam- 
age sustained by any and all owners of any such land, 
stonSj timber or other material so appropriated ; and such 



241 1852. 

appraisal shall include all damage so sustained, less the ben- r.mo of app,a;.s- 

efit vvhich sucli owner or owners will derive from the con- '"^ (iraiuages. 

struction of any such ditch, embankment, culvert, bridf^e 

or road. Said appraisal shall describe the lands', ston'e, Dasoripuon, &e. 

timber or other material, with reasonable certainty, and 

shall be lilsd witli the clerk of the township in which such 

land, stone, timber or other material shall be situated. 

§ 4. Any owner of land considering himself aggrieved Appeals from ap- 
by such appraisal, may appeal from such appraisal within p'^'"'"''-''''- 
twenty days after such appraisal shall be filed as aforesaid, 
to the circuit court of said county, by filing a copy of said 
appraisal witii the clerk of said court, and giving "notice of 
such appeal to the secretary of said commissioners. Such 
appeal shall be entered upon the common law docket of 
said court, and the judge of said court in term time or va- Tnai of appoais 
cation, as he shall elect, shall hear the parties, and such 
witnesses as may be produced, and affirm or modify such 
appraisal as shall in his opinion be just and equitable : Pro- proviso. 
vided, that no appeal shall prevent said commissioners from 
proceeding to construct such ditches, embankments, cul- 
verts, bridges and roads, after they shall iiave tendered to 
such party appealing the amount of damage so awarded, if 
any. 

§ 5. The expenses of constructing, altering and main- Expense, t. h,-. 
taining any sucii ditches, embankments, culverts, bridges -^s^-'^*"/ "P"^" 
and roads, together vt^ith all costs incurred on account S''^ 
thereof, shall De assessed upon the lands benefitted thereby, 
and the said commissioners, or any three of them appointed 
at any regular meeting of said commissioners hereinafter 
provided to be held, shall make an assessment in writing. Assessment, &c. 
describing the lands assessed, and setting forth the amount 
assessed upon each tract separately, which assessment, cer- 
tified by the commissioners making the same, shall be de- 
livered over for collection to the county treasurer of Cook 
county, who is hereby authorized and required to collect 
the same, and the said assessment roll so certified as afore- 
said shall be a sufiicient warrant to the said treasurer to 
collect the same : Provided, however, the said commission- provi=o. 
ers are hereby authorized to collect, receive and appropri- 
ate all assessments made as provided herein, and volunta- 
rily paid before delivering said assessment roll to said 
treasurer, anything herein contained to the contrary not- 
withstanding. 

§ 6. The said assessment shall be a lien upon the lands Assessment to be 
upon which they are made until paid; and in case of refu- ^"^"* 
sal or neglect on the part of the owner or owners of said 
land to pay such assessments, the same provision is hereby collection of as- 
made for their collection as is now provided by law for the '*'""""*''• 
collection of state and county taxes. 

16 



1852. 



242 



Secretary, his 
(Uities. 



Mcciii'b' 01- cor.i- § 7. Said commissioners shall meet from time to time, 
Bu.i.uncis. ^^ ^j^^^, shall appoint by vote at any regular meeting, or on 
the application in writing of any three of said commission- 
ers it sliall be the duty of the secretary to call a meeting 
of said commissioners within two weeks from the time of 
such application, by notice of the time and place of such 
pnwicaiionof meeting published for six days in some daily paper printed 
notices. -j^ ggj^l county of Cook, and said commissioners shall elect 

one of their number to be their secretary, whose duty it 
shall also be to keep records of all the proceedings of said 
commissioners, and files of all reports of surveys and as- 
sessments, and all other papers connected with or pertain- 
ing to the office of said commissioners, which records and 
files are hereby declared public records, and any number 
of said commissioners, together with their secretary, meet- 
ing together at the time and place of any regular meeting 
of said commissioners, shall constitute a quorum for thc^ 
transaction of business ; and in case the said commissioners 
hereby appointed shall be reduced to less than five in num- 
ber by death, removal from the county or resignation, 
in which shall be tendered in writing to the secretary, the 
judge of the circuit court of Cook county shall appoint 
some suitable person or persons to fill any such vacancy 
under five in number. 

§ 8. Said commissioners sliall have power to borrow 
money from time to time, for the purpose of carryii g on 
and completing the work authorized to be done by this act, 
until assessments can be collected to pay the same. They 
shall also have power and are hereby authorized to appro- 
priate, from tim^^e to time, money .sufficient to pay all ex- 
pen,'?es incurred by reason of any suit or proceeding against 
any of said commissioners, for any act done by or under 
any order or proceeding authorized by this act. 

§ 9. Sections 1, 2, 3, 4, 5, 7, 8, and 9, of an act enti- 
tled " an act to drain the wet lands about Chicago," ap- 
proved February 17th5 1851, are hereby repealed. 

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

Approved June 23, 1852. 



Vacancies 
bcjani, liow fill 



Power to borrow 
money. 



S.epeal o£ sec 
tions. 



In force Aug. 4, 
if approved by 
ihe voters of La 
Salle. 



AN ACT to charier the city of La Salle, 

ARTICLE I. — Of Boundaries and General Powers. 



Section 1. Be it enacted by the people oj the State oj 

Illinois, represented in the General Assembly, That the 

Corporation. inhabitants of the town of La Salle, in the county of La 



243 1852. 

Salle, and state of Illinois, be and they are hereby consti- 
tuted a body politic and corporate, by the name and style styio. 
of "The City of La Salle," and by that name shall have 
perpetual succession, and may have and use a common succcssiou. 
seal, which they may change and alter at ])leasLire. 

§ 2. All that district of country embraced within the Boundaries, 
following limits, to wit, all of section (15) fifteen and so 
much of section (14) fourteen as lays on the west side of 
Little Vermilion river, in township (33) thirty-three north, 
and range (1) one, east of the third principal meridian; 
also the south half of section (10) ten, in same town and 
range. 

§ 3. The present board of trustees of the town of Laphision into 
Salle shall, on the first Monday in September next, divide ^^'"''''" 
the said city of La Salle into two wards, as nearly equal 
in population as practicable, particularly describing the 
boundaries of each. 

§ 4. Whenever any tract of land adjoining the city of Ad-mion?. 
La Salle shall be laid off into town lots, and duly recorded 
as required by law, the same shall be annexed to and form 
a part of the city of La Salle. 

§ 5. The inhabitants of said city, by the name and style Gcnpiaipnwprs. 
aforesaid, shall liave power to sue and be ?ued, to plead 
and be impleaded, defend and be defended, in all courts of 
law and equity, and in ail actions whatever ; to purchase, 
receive and hold property, both real and persona!, in said 
city ; to purchase, receive and hold property, both real and 
personal, beyond the city, for burial grounds and for other 
purposes, for the use of said inhabitants of said city ; to 
sell, lease and convey or dispose of property, and to do all 
other things in relation thereto as natural persons. 

ARTICLE II.— 0/ the City Council. 

§ L There shall be a city council, to consist of a may- city conmii. 
or and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem-;5oaid ot auiei 
bers from each ward, to be chosen by the qualified voters, 
for two years. 

§ 3. No person shall be an alderman unless at the time Qualifications o 
of his election he shall have resided six months within the *'^''""''"- 
limits of the city, and shall be at the time of his election 
tv/enty-one years of age and a citizen of the United States. 

^ 4. If any alderman shall, after his election, remove Removal tr v, 
from the ward for which he is elected, his office shall be 
hereby declared vacated. 

5 .^. At the first meeting of the city council the alder- ^^J®'?"?'' '".^ 

1111 1--1111- j^ 1 1 c divided into tw 

men shall be divided by lots into two classes ; tiie seats ot classes. 
those of the first class shall be vacated at the expiration of 
the first year, and of the second class at the expiration of 



1852. 244 

the second year, so that half of the board shall be elected 
anwually. ' 

Qualifications of § 6. The citj councll shall judge of qualifications, elec- , 
fj-wcn? ""'tions and returns of their own members, and shall deter- 
mine all contested elections. 
Quorum, § 7. A majority of the city council shall constitute a 

quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such penalties as may be prescribed by ordi- 
nance. 
Rales of proceed- ^ g. The city council shall have power to determine 
mss, &c. ^j^^ rules of its proceedings, punish its members for disor- 

derly conduct, and with tlie concurrence of two-thirds of 
the members elected, expel a member. 
Journal, &c. ^ g^ ^pj^g ^[^y couucil shall keep a journal of its pro- 

ceedings and from time to time publish the same, and the 
yeas and nays, when demanded by any member present, 
shall be entered upon the journal. 
Aldermen not eii- § 10. No alderman shall be appointed to any office un- 
created" during der the authority of the city, which shall have been created 
their term. ^^, ^^^ emoluments of wliich shall have been increased 

during the time for which he shall have been elected. 
Vacancies to be 5 n. All vacaucics that shall occur in the board of 

tilled by elec- V-' ,,,, r-nii 1 -• 

twn. aldermen shall be nlled by election. 

o»ith ot office. 5, 12, The mayor and eacli alderman, before entering 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will well and truly 
perform the duties ot their office to tiie best of their skill 
and ability. 

Tie, how to bade- § 13. Whenever there shall be a tie in the election of 
"'^'^^- aldermen, the judges of election shall certify the same to 

the mayor, who shall determine the same by lot, in such 
manner as shall be provided by ordinance. 

stated meetings § 14. There shall be twelve stated meetings of the city 

of aldermen. ^Qm^pj} [j^ gach year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE 111—0/ the Chief Executive Officer. 

Mayor and his 5 1. The chief cxecutivc officer of the city shall be a 
termoi office, j^j^yor, who shall be elected by the qualified voters of the 
city, and shall hold his office for one year, and until his suc- 
cessor shall be elected and qualified. 
Qualifications of § 2. No person shall be eligible to the office of mayor 
™''^'°''' who shall not have been a resident of the city for six 

months next preceding his election, or who shall be under 
twenty-one years of age, or who shall not at the time of his 
election be a citizen of the United States. 



245 1852. 

§ 3. If any mayor, daring tlie time for which he shalh'^'"^" ««« "f 

** *' o ninvor to ug vci— 

have been elected, remove from the city, his office shalltbe catLd. 
vacated. 

§ 4. When two or more persons shall have an equal Tie, hoT^deckiea. 
number of votes for mayor, the judges of election shall 
certify tlie same to t!ie city council, who shall proceed to 
determine the same by lot, in such manner as ma}' be pro- 
vided by ordinance. 

§ 5. Whenever an election of mayor shall be contested contosted cicc- 
the city council shall determine the same as may be pre- 
scribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office vacancy to bo 
of mayor it shall be filled by election. itou. '^ 

ARTICLE IV.— 0/ Elections. 

§ 1. On the first Monday of October next an election Election of may- 
shall be held in each ward of said city, for one mayor for 
the city, two aldermen for each ward, and forever there- 
after, on the first Monday of October of each year, there 
shall be an election lu^ld for one mayor for the city and one 
alderman for each v/ard ; the first election for mayor and '""'■""i''™'^'^- 
alderman shall be held, conducted and returns thei-eofMaim?r ot eicc- 
made as may be provided by ordinance of the present 
trustees of the town of La SalJe. 

§ 2. All free white male inhabitants, over the age of Qualification of 
twenty-one years, who are entitled to vote lor state offi- 
cers and who shall have been actual residents of said city 
ninety days next preceding said election, shall be entitled 
to vote for city officers: Provided, that said voters shall i':ov;=o. 
give their votes for mayor and aldermen in the wards in 
which they shall respectively reside, and in no other, and 
that no vote shall be received at any of said elections un- 
less the person ofifering such vote shall have been an actual 
resident of the ward where the same is offered, at least 
ten days next preceding such election. 

ARTICLE v.— 0/ the Legislative Powers if the City 

Com I oil. , 

§ 1. The city council shall have power and authority Taxes, 
to levy and collect taxes upon all property, real and per- 
sonal, within the limits of the city, not exceeding one half 
of one per cent, per annum upon the assessed value there- 
of, and may enforce the payment of the same in any man- 
ner to be prescribed by ordinance, not repugnant to the 
constitution of the United States and of this state. 

§ 2. The city council shall have power to a})point a officers. 
clerk, treasurer, assessor, marshal, supervisor of streets, 
and all such other officers as may be necessary. 



1852. 



246 



Coii'.agious 
eases. 



i tospit.Us. 



Health, 
nuisances. 



ITydrants and 
pumps. 



Streets, &c. 



Bridges 
AVai'ds. 



Lights and lamp 
posts. 



Night watches. 
Market houses. 



Public buildings, 



Pablic grounds. 



Wharves 
docks. 



§ 3. The city council shall have power to require of all 
officers appointed in pursuance of this charter, bonds with 
penalty and security for the faithful performance of their 
respective duties, as may be deemed expedient, and also 
to require all officers appointed as aforesaid to take an oath 
for the faithful performance of the duties of their respec- 
tive offices, before entering upon the discharge of the same ; 
to establish, support and regulate common schools ; to bor- 
row money on the credit of the city, provided that no 
sum or sums of money shall be borrowed at a greater in- 
terest than at ten per cent, per annum, nor shall the inter- 
est on the aggregate of all the sums borrowed and out- 
standing ever exceed one half of the city revenue arising 
from taxes assessed on real property within the limits of 
the corporation. 

^ 4. To appropriate inone}- and provide for the pay- 
ment of the debts and expenses of tiie city. 

§ 5. To make regaiations to prevent the introduction 
of contagious diseases into the city, to make quarantine 
laws for that purpose, and enforce the same within five 
miles of the city. 

§ 6. To establish hospitals and make regulations for the 
government of the same. 

§ 7. To make regulations to secure the general health 
of the inhabitants, to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ 8. To provide the city with water, to erect hydrants 
and pumps in tlie streets for tlie convenience of the inhab- 
itants. 

§ 9. To open, alter, abolish, widen, extend, establish, 
grade, pave or otherwise improve and keep in repair streets, 
avenues, lanes and alleys. 

§ 10. To establish, erect and keep in repair bridges. 

§ 11. To divide the city into wards, alter the bounda- 
ries thereof and erect additional wards, as the occasion may 
require. 

§ 12. To provide for lighting the streets and erecting 
lamp posts. 

^ 13. To establish, support and regulate night watches. 

§ 14. To erect market houses, to establish markets and 
market places, and provide for the government and regu- 
lation thereof. 

§ 15. To provide for the erection of all needful build- 
ings for the use of the city. 

§ 16. To provide for enclosing, improving and regu- 
lating all ])ublic grounds belonging to the city. 

§ 17. To erect, repair and regulate public wharves and 
docks, to regulate the erection and repair of private 
wharves and the rates of wharfage thereat. 



247 1852. 

m § 18. To license, tax and regulate auctioneers, mer- Auctioneers,sro- 
chants, retailers, grocers, taverns, ordinaries, hawkers, ''-'"''' '■"'^" 
pedlers, brokers, pawnbrokers and money-changers. 

§ 19. To license, tax and regulate hackney carriages, camases, drays, 
wagons, carts and drays, and fix tlie rates to be chsirged ^^' 
for the carriage of persons, and for the wagonage, cartage 
and drayage of pro})erty. 

20. To license and reeulate porters and fix the rate Pwieis ana iw- 

c , o 1 terase. 

01 porterage. 

§ 21. To license, tax and regulate theatrical and other Theatres, shows, 
exhibitions, shows and amusements. 

§ 22. To tax, restrain, prohibit and suppress tippling Tippimg houses, 
iiouses, dram shops and gambling houses, and bawdy houses '^'''^"^ shops, &o. 
and other disorderly houses. 

■5 23. To provide for the prevention and extino-uish- '"'«^ a"^' ^-^ 
ment of fires, and to organize and establish fire companies. 

5 24. To resrulate the fixing; of clnmneys, fix the flues Chimueys aua 
thereoi. 

§ 25. To regulate the storage of gunpowder, tar. Gunpowder, &,c. 
pitch, rosin and other combustible materials. 

§ 26. To regulate and order parapet walls and parti- '^''•'"s™'i fences, 
tiori fences. 

§ 27. To establish standard weights and measures, "^^''^'""*^ ""'' 

1 - 1 -1 1 1 • 1 measures. 

and regulate the weights and measures to be used in the 
city, in all cases not otherwise provided for by law. 

§ 28. To provide for the inspection and measuring of Lumber, &c. 
lumber and other building materials, and for the measuring 
of all kinds of mechanical vv^ork- 

§ 29. To provide for the inspection and weighing of ^|^"^p'''^^°" '^^ 
hay and stone coal, the measurement of charcoal, fire wood, 
and other fuel to be sold or used within the city. 

6 30. To provide for and regulate the inspection of to-^pP'"^"'?° ''^ *^' 

•> I iii'i-i bacco, &c. 

Oacco, and of beef, pork, flour, meal and whiskey in bar- 
rels. 

5 31. To regulate the inspection of butter, lard and inspection of 

.\ • ■ ° ^ butter, lard, &c. 

otiier provisions. 

§ 32. To regulate the weight, quality and price of weight of bread. 
bread to be sold and used in the city. 

§ 33. To regulate the size of bricks to be sold or used size of bricks. 
in the city. 

§ 34. To provide for the taking enumerations of the census. 
inhabitants of the city. 

S 35. To regulate the election of city officers, and pro-'^'<'cti"" and ro- 

, ,^ 1.-*^ Tllo^'al of city of- 

vide for removing from office any person holding an office liccrs, &c. 
created by ordinance. 

§ 36. To fix the compensation of all city officers, and ^^"JJ!l7f|**;°\^* 
regulate the fees of jurors, witnesses and others, for servi- 
ces rendered under this act or any ordinance. 

§ 37. To regulate the police of the city, to impose fines Police reguia- 

and lorfeitures and penalties tor the breach of any ordi- 



1852. 248 

nance, and to provide for the recovery and appropriation 
of such fines and forfeitures and the enforcement of sucli 
penalties. 

uniiard tables. ^ 38. The city council shall have excIuSive powcr with- 
in the city, by ordinance, to su])press and restrain billiard 
tables. 

Ordinances. § 39. The city council shall have power to make all 

ordinances which shall be necessary and proper for carry- 
ing into execution the powers specified in this act, so that 
such ordinance be not repugnant to nor inconsistent with 
the constitution of the United States or of this state. 

"^ces! °^ °'''^'°'"" § 40. The style of the ordinances of the city shall be, 
"Be it ordained by the city council of the city of La Salle.'* 

^dmanMs" °^ °'^' ^ ^^' All ordinances passed by the city council shall, 
within one month after they shall have been passed, be 
published in' some newspaper in the county or posted up 
in three of the most public places in said city of La Salle, 
and shall not be in force until they shall have been pub- 
lished as aforesaid. 

Proof of ordinan- ^ 42, All Ordinances of the city may be proven by the 
seal of the corporation, and v/hen printed and published in 
book or pamphlet form, and purporting to be printed and 
published by authority of the corporation, the same shall 
be received in evidence in all courts and places without 
further proof. 

^''^'■''''^^' § 43. The city council shall have pov/er to establish 

ferries, license and regulate the same, on the Illinois river 
opposite to said city, ibr th.e benefit of the inhabitants and 
tlie public. 

ARTICLE VI.— 0/ the Mayor, 

"af meetinrs^o^ ^ ^' "^^'^ mayor shall preside at all meetings of the city 

cuuDcii. council, and shall have a casting vote and no other. In 

case of non-attendance of the mayor at any meeting, tiie 
board of aldermen shall appoint one of their own number 
chairman, who shall preside at that meeting. 

Special mcetingf. § 2. The mayor or any two aldermen may call special 
meetings of the city council. 

Duties of mayor. ^ 3. The mayor shall at all times be active and vigilant 
in enforcing the laws and ordinances for the government of 
the city ; he shall inspect the conduct of all subordinate 
ofllicers of said city, and cause negligence and positive vio- 
lation of duty to be prosecuted and punished ; he shall, 
from time to time, communicate to the aldermen such in- 
formation and recommend all such measures as in his opin- 
on may tend to the improvement of the finances, the policCj, 
the health, security, comfort and ornament of the city. 

PQ^^f,^ § 4. He is hereby authorized to call on every male in- 

habitant of said city, over the age of eighteen years, to aid 



249 1862. 

in enforcing the laws and ordinances, and in case of riots 
to call out tlie militia to aid him in suppressing the same, or 
in carrying into effect any law or ordinance, and any per- 
son who shall not obey such call shall forfeit to said city a 
fine not exceeding five dollars. 

5 5. He shall have power, whenever he may deem it Power to compel 

•' . . p'- r. ., rr n • 1 -1 exhibition of 

necessary, to require oi any oi the omcers oi said city, an books, &c. 
exhibit of his books and papers. 

§ 6. He shall have power to execute all acts that may Executive power. 
be required of him by any ordinance made in pursuance of 
this act. 

§ 7. He sliall be commissioned by the governor as afo te commis- 
justice of the peace for the said city, and as such shall be of the peace. 
a conservator of the peace for the said city, and shall have 
power and authority to administer oaths, issue writs and 
process under the seal of the city, to take depositions, the 
acknowledgment of deeds, mortgages and all other instru- 
ments of writing, and certify the same under the seal of the 
city, which shall be good and valid in law. 

§ 8. He shall have exclusive jurisdiction in all cases Exclusive jaris- 
arising under the ordinances of the corporation, and con- 
current jurisdiction with all other justices of the peace in 
all civil and criminal cases within the limits of the city 
arising from the laws of the state, and shall receive the 
same fees and compensation for his services in similar 
cases. 

6 9. He shall also have such iurisdiction as may be "Jurisdiction un- 

1 . 1 . 1 1 . f 1 • • 1 •' , , iler ordinances. 

vested in him by ordinance of the city, in and over all 
places within five miles of the boundaries of the city, for 
t!ie purpose of enforcing the health and quarantine ordi- 
nances and regulations thereof. 

§ 10. He sliall receive for his services such salary as salary. 
shall be fixed by an ordinance of the city. 

§ 11. In case the mayor shall at any time be guilty ofij^'^mtr to in- 
palpable omission of duty, or shall wilfully and corruptly 
be guilty of oppression, malconduct or partiality in the 
discharge of the duties of his office, he shall be liable to be 
indicted in the circuit court of La Salle county, and on 
conviction he shall be fined not more than two hundred dol- 
lars, and the court shall have power, on the recommenda- Judgment, 
tion of the jury, to add to the judgment of the court that 
he be removed from office. 

ARTICLE VII.— 0/ Proceedings in Special Cases. 

§ 1. When it shall be necessary to take private property ^^o^^^/pj^pria- 
for opening, widening or altering any public street, lane, ted. 
avenue or alley, the corporation shall make a just compen- 
sation to the person whose property is so taken, and if the 
amount of such compensation cannot be agreed on the 



1852. 250 

mayor shall cause the same to be ascertained by a jury of 
six disinterested freeholders of t!ie city. 

opening, widen- ^ 2. When the owners of all the property on a street, 

("fu orstreets!' lane, avenue or alley, proposed to be opened, widened or 
altered shall petition therefor, tlie city council may open, 
widen or alter such street, lane, avenue or alley, upon con- 
dition to be prescribed by ordinance, but no compensation 
shall in such case be made to those whose property shall 
be taken for the openintr, widening or altering such street, 
lane, avenue or alley, nor shall there be any assessment of 
benefits or damages that may accrue thereby to any of the 
petitioners. 

Jurors to he ^ 3, All jurors empanelled to enquire into the amount 

of benefits or damages which shall happen to the owners of 
property proposed to be taken for opening, widening or al- 
tering any street, lane or alley, shall first be sworn to that 
effect, and shall return to the mayor their inquest in writing, 
and signed by each juror. 

^ing damages?^' § 4. In ascertaining tlie amount of compensation for 
property taken for opening, or widening, or altering any 
street, lane, avenue or alley, the jury shall take into con- 
sideration the benefit as well as the injury happening by 
such opening, widening or altering such str^-et, lane, ave- 
nue or alley. 

Im^srtTswe.™"^ § 5. The mayor shall have power, for good causes 
shown, within ten days after any inquest shall have been 
returned to him as aforesaid, to set the same aside, and 
cause a new inquest to be made. 

Special taxes for § 6. The city couucil shall have power, by* ordinance, 
street purposes. ^^ levy and collect a special tax on the holders of lots in 
in any street, lane, avenue or alley, or a part of any lane, 
avenue or alley, according to their respective fronts owned 
by them, for tlie purpose of paving and grading the side 
walks and lighting said street, lane, avenue or alley. 

ARTICLE YllL— Miscellaneous Precisions. 

Kxemption from ^ 1. The inhabitants of the city of La Salle are hereby 

road labor out of^./. ^ • ii ^ i.\ ^• • j. c 

city. exempt from working on any road beyond the limits oi 

the city, and from paying any tax to procure laborers to 
work upon the same. 

street labor. § 2, The city couucil shall have power, for the purpose 

of keeping the streets, lanes, avenues and alleys in repair, 
to require every male inhabitant in said city, over twenty- 
one years of age, to labor on said streets, lanes, avenues 
and alleys, not exceeding three days in each and every 
year, and any person failing to perform such labor Avhen 
duly notified by the supervisor, shall forfeit and pay the sum. 
of one dollar per day for each day so neglected or refused. 



251 1852. 

5 3. The city council shall have power to provide forP""isii"ient or 
the punishment of offenders, by imprisonment in the county 

or city jail, in all cases where such offenders shall fail or 
refuse to pay the fines and forfeitures which may be recov- 
ered against them. 

§ 4. Tiie city council shall cause to be published an- Publication of le- 
nually a full and complete statement of all moneys received iKndiuires. 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 5. All ordinances and resolutions ])assed by the pres- 
ident and trustees of the town of La Salle shall remain in 
force until the same shall have been repealed by the city 
council hereby created." 

§ 6. All suits, actions and prosecutions instituted, com- Manner of insti- 

■'ii "ii -11 1111 tutmg and pros- 

menced or brougiit by the corporation hereby created shall ecuung suits. 
be instituted, commenced and prosecuted in the name of 
the city of La Salle. 

§ 7. All actions, fines, penalties and forfeitures which Actions, &c., 

' COiniXlGDCGU DV 

have accrued to the president and trustees of the town of oid corporation 
La Salle shall be vested in and prosecuted by the corpora- by 'ifew.'*^^'^" ''' 
tion hereby created. 

6 8. All property, real and personal, heretofore belong;- Property to vest 

• J. Ai • ] 4 J ^ i. r i.1 * r T C 11 i° new corpora- 

ing to the president and trustees of tlie town of La balle, tion. 
for the use of the iniiabitants of said town, shall be and 
the same are hereby declared to be vested in the corpora- 
tion hereby created. 

§ 9. This charter shall not invalidate any act done by Acts of town trus- 

J •> "^ tecs to rtniivi n 

the president and trustees of the town of La Salle, nor di- valid. 
vest them of any rights which may have accrued to them 
prior to the passage of this act. 

§ 10. The president and trustees of the town of La Promulgation oi 
Salle shall, immediately after the ])assage of this act, take 
measures to promulgate this law within the limits of the 
city of La Salle, and issue their proclamation for tlie elec- 
tion of officers, and cause the same to be published in all 
the newspapers of said city for two weeks in succession, 
prior to the cay of election for said officers. 

§ 11. Appeals shall be allowed from decisions in all^PP^*'^- 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof, to the circuit court of 
La Salle county, and every such appeal shall be granted in 
the same manner and with like effect as appeals are taken 
from and granted by justices of the peace to the circuit 
court under the laws of this state. 

§ 12. Whenever the mayor^shall absent himself from Mayor pro tem. 
the city, or resign, or die, or his office sliall be otherwise 
vacated, the board of aldermen shall immediately proceed 
to elect one of their number president, who shall be mayor 
pro fern. 



1852. 



252 



This act to be ^ 13. Tliis act is hereby declared to be a public act, 
pubic. ^^-^ ^^^ ^^ read in evidence in all courts of law and equity 

within this state without proof. 
Acts and parts of § 14. All acts or parts of acts coming within the pro- 
actsrepeaie . ^,jg-Qj-^g gf ^j^jg charter, or contrary to or inconsistent with 

its provisions, are hereby repealed. 
Power to execute § 15. The city marshal or any other officer authorized 
writs. ^Q execute writs or any other process issued by the mayor, 

shall have power to execute the same anywhere within the 
limits of the county of La Salle, and shall be entitled to 
the same fees for traveling as are allowed to constables in 
similar cases. 
Election. ^ jg 'pj^g president and trustees of the town of La 

Salle shall cause an election to be held in said town, on 
the first Monday of August next, at which the inhabitants 
residing within the territory described in the second sec- 
tion of the first article of this act, who are authorized to 
vote for state officers, shall vote for or against the adoption 
of this charter, and if a majority of the votes given at such 
election shall be in favor of the adoption of said charter 
said charter shall immediately take effect as a law, but if a 
majority of the votes given shall be against the adoption of 
said charter then this act to be of no effect. 
Reservation. ^ j^^ rpj^^ rights and powers of Chicago and Rock Is- 

land Railroad company to locate the line of its said road 
through said city, shall not be impaired by any of the pro- 
visions of this act. 
Retail of ardent ^ jg, No provision of this act shall be so construed as 

spirits prohibit- 3,_l i r i ... 

ed, to authorize the sale or ardent spirits in a less quantity 

than is now provided b}^ law. 
Approved June 23, 1852. 



In force June 23, 
1852. 



AN ACT to incorporate the town of Belvidere. 



Corporation. 



Style. 



Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assemhly, That the inhab- 
itants of the town of Belvidere, in Boone county, are here- 
by constituted a body politic and corporate, to be known 
by the name of" The President and Trustees of the town of 
Belvidere," and by that name shall be known in law, and 
General powers, havc perpetual succession ; ^ay sue and be sued, implead 
and be impleaded, defend and be defended in courts of law 
and equity, and in all actions and matters whatsoever; may 
purchase, take, receive, and hold personal property and 
real estate within the limits of the incorporation, but not 
elsewhere, may lease, sell and convey the same, and do all 



253 1852. 

otlier lawful acts within the scope of this act of incorpora- 
tion as natural persons may do; may have a common seal 
and break and alter the same at pleasure : Provided^ no 
lands shall be sold by tliem which has been conveyed to or 
is held by the corporation for streets, alleys, lanes, public 
grounds or squares. 

§ 2. That all that district of country contained in and Boundane?. 
known as the east half of section number twenty-six, and 
the west half of section number twenty-five, in township 
number forty-four north, of range three east, in Boone 
county, is hereby declared to be within the limits of the in- 
corporation created by tliis act : Provided^ the board of 
trustees may extend the limits of said town, but not so as 
at any time to include within the limits of this incorpora- 
tion more than one and one-half square miles of land. 

§ 3. The corporate powers and duties of said incorpo- Corporate powers 
ration shall l)e vested in five trustees, who shall form a tees. 
board for tlie transaction of business. The first board of 
trustees shall be elected on the fifteentli day of July next, Elections. 
and tiiereafter shall be elected annually on the first Mon- 
day of March in each and every year, to serve for one 
year and until their successors are elected and qualified ; 
they shall be citizens of the United States, twenty years of Q"a''fiea"oDs. 
age, shall possess a freehold, estate within the limits of the 
incorporation, and shall have resided therein at least one 
year next preceding tlie election. No failure to elect trus- 
tees on the day appointed shall operate as a dissolution of 
the corporation, but such election may be held on any sub- 
sequent day upon five days' notice given by Lny five legal 
voters of the town, or tlie clerk of the board of trustees, in 
such manner as the board of trustees shall by ordinance di- 
rect, may call sucli election. 

§ 4. That the board of trustees shall appoint their pre- ^'■'»''"'"'- 
sident from their own body, who shall preside at the meet- 
ings of the board, and in case of absence or inability to 
serve of the president, the trustees present shall have pow- 
er to elect a president ^^ro ^e77Z. from their own number. 
The board shall be the judges of the qualifications, elec- 
tions and returns of their own members; a majority of the 
trustees shall constitute a board to do business, but a smal- '^^Q'^™'- 
ler number may adjourn from day to day and may compel 
the attendance of absent members, in such manner and un- 
der such penalties as they shall provide. The board of 
trustees shall determine the rules of proceeding and order 
of business before them, punish their members or other ])er- 
sons for disorderly conduct before the board while in ses- 
sion, and by a vote of four-lifths of the whole number elec- 
ted expel a member for good cause shown, and make such 
other rules and regulations for their own government as to 
them may seem mf^pf, nroppr and expedient, and in case of 



1852. 254 

death, removal from tlie limits of the incorporation, neglect 
for the space of tliree months together to serve, or refusal 
to serve, to be signified in writing to the board, of any mem- 
ber or members of the board, the remaining members may 
appoint to fill the vacancy thereby occasioned. 

^v'ters"''"'^ °^ § ^' That no person shall vote at any election of offi- 
cers of said incorporation unless he be qualified to vote for 
representatives to tlie general assembly, and shall have re- 
sided within the limits of the incorporation for three months 
next preceding the election. No person shall be appointed 
or elected to any office under this incorporation unless he 
be at the time entitled to vote at elections under this act, 
and all such elections shall be by ballot, and tie votes shall 
be decided by lot in the presence of the board of trustees. 

cuik and other § (J. That the board of trustees shall annually, at the 

officers* *' *' 

next regular meeting atter their election, or as soon there- 
after as may be, appoint a clerk of tlie board of trustees, a 
treasurer, assessor, and constable, and such other officers, 
from time to time, as they may deem necessary, and for 
such term as they shall by ordinance direct, not exceeding 

^trTiste°/'>''°'^'^'^°^°"^ year. The board of trustees shall have power to de- 
fine and regulate the duties of the officers of the incorpora- 
tion, ill such manner and under such penalties as they shall 
deem proper, and to provide for their compensation, and 
they may" provide for the election of the clerk, treasurer, 
assessor and constable, at the annual election of trustees, by 
the legal voters of said incorporation. 

Oath of office and ^ 7_ They shall require said officers last named lo take 
an oath of office and file the same with the clerk, and to 
give bond, with sufficient security, well and truly to per- 
form the duties of their respective offices as shall be requi- 
red of them by law or the ordinances of the said town from 
time to time, and in such penalty as the board of trustees 
shall direct, running to the incorporation by its corporate 
name. 

Power to borrow § 8. The board of trustees shall have power to borrow 

money. money on the credit of the town : Provided, that the 

amount of money borrowed and the indebtedness of the in- 
corporation on account of money loaned shall at no time 
exceed two thousand dollars, and at a rate of interest not 
exceeding ten per cent, per annum. 

\'uthovizetoan!° § ^' That uo loan Or borrowing of money, on account 
of said incorporation, shall at any time be made until au- 
thorized by a two-thirds vote of the legal voters of the cor- 
poration voting by ballot in favor of the same, at a special 
election called for that purpose, on at least thirty days' 
previous notice, and specifying in such notice the amount 
of the proposed loan, the rate of interest, and the purposes 
to which it is designed to apply the same, and the same 
shall not be diverted from such use and applied to any oth- 



255 1852. 

cr, save to return the same or any part thereof to the per- 
son from whom borrowed. -' 

§ 10. That any member of the board of trustees, know- personal liawiity 
ingly voting in favor of any misapplication or wrongful con- °"™s*^'^'*- 
version of the funds or personal property of the town, shall 
be personally liable to the town in an action on the case, 
for the amount so misapplied or converted, and costs. 

^11. That the board of trustees shall also liave power neaiui rei^uia- 
to make regulations to secure the general health of the in- ^'°"'' 
habitants, to declare what sliall be nuisance, and to prevent 
and remove the same; to provide the town with water and dig water and weiis. 
wells, erect hydrants and pumps in the streets, for the con- 
venience of the public; to 0})en, alter, induce, extend, estab- streets, &c. 
lish, grade, plank, pave, and in any other way or manner im- 
prove and keep in repair streets, avenues, lanes, and al- 
leys, side-walks, cross-walks, drains and sewers ; to estab- 
lish, erect and keep in repair bridges; to provide for the 
erection of all needful buildings for the use of the town; to 
provide for enclosing, improving and regulating ali public spsciaii-owc. . 
squares or places within or belonging to the corporation, 
planting trees in the streets and public squares for orna- 
ment or shade, and the protection of the same ; to restrain 
and prohibit shooting, horse racing, indecent exposure of 
horses, houses of ill fame, gaming and gaming houses and 
other disorderly houses, and to suppress the same ; to pro- 
^•ide for taxing, licensing and regulating theatrical or other 
shows and amusements for the admission to which money 
or anything is charged ; to regulate and license merchants, 
auctions and pedlers ; and should the laws of this state at 
any time permit the selling of liquors or ardent spirits of 
any kind by a less quantity than one quart, then the exclu- 
sive power to regulate and license such selling v/ithin the 
corporate limits ; to restrain and prohibit the running at 
large of any horses, cattle, sheep, swine, goats or dogs 
within said corporation ; to erect market houses ; to estab- 
lish markets and market places, and provide for the use, 
governm.ent, and regulation theieof ; to lix the rates to be 
charged for the carriage of persons and property within the 
limits of said incorporation by carriages, wagons, sleighs, 
or drays ; to provide for tlie preservation from and extin- 
guishment of fires ; to establisii and regulate a fire depart- 
ment; to regulate the storage of gunpowder and all other 
combustible materials ; to regulate the speed at v>?hich rail- 
road locomotives and cars shall bu dri\en, or horses rode 
or driven through said incorporation ; to regulate the po- 
lice of the town ; to regulate the election of officers of tlie 
incorporation, to provide for their compensation, except tl-at 
the board of trustees shall not receive any compensation 
for their services as such, and shall be incompetent to hold 
any other corporation office during the term foi- which they 



1852. 256 

may have been elected trustees, having accepted of such 
office of trustee ; to provide for the inspection and weigh- 
ing of hay and stone coal, tlie measurement of charcoal, 
fire wood or other fuel to be sold or used within the incor- 
poration; to make all such ordinances from time to time, 
and alter, amend and repeal the same as shall be necessary 
to carry into effect and execution the powers specified in 
this act, so that the same be not inconsistent herewith nor 
with tiie laws or constitution of the United States or of 
this state ; to impose fines, forfeitures and penalties for the 
breach of any ordinance of the incorporation, and to provide 
for the recovery and appropriation of any such fine or for- 
feiture, and the enforcement of any such penalty ; to pro- 
vide for the infliction of fines or penalties upon any oflScer 
of the incorparation neglecting or refusing to perform any 
duty or act required of such officer in this act to be done ; 
to cause, from time to time, a census of the inhabitants of 
said town to be taken, and in their discretion to divide said 
town into wards, and designate the number of trustees that 
each ward shall be entitled to ; to provide for the election 
of two justices of the peace from the legal voters of the in- 
corporation biennially, at the election of the board of trus- 
tees b}' the legal voters of the town, who shall hold their 
office for the term of two years and until their successors 
are elected and qualified, — returns of which election shall 
be made by the clerk of the town, and such justices shall 
be commissioned by the governor, give bonds to be filed in 
the town clerk's office, and running to the board of trus- 
tees of the tov/n, and in all otlier respects be qualified and 
conform to the general laws of the state providing for the 
election and qualification of justices of the peace, and shall 
have the same jurisdiction power and authority, and per- 
form all such acts and duties as are or may be by laws of 
this state vested in or required of justices oi' the peace at 
and witiiin said county of Boone. And in case of death, 
removal from the incorporation, incapacity or refusal to 
serve of any justice of the peace elected under this act, to 
provide for filling the vacancy by election. 
Copies of ordi- ^ 12. Copics of all Ordinances passed by the board of 
published. trustces shali be posted up in three of the most public pla- 
ces in tlie town, or published in a nevv-spaper, if there be 
one published in the town, and shall take effect five days af- 
ter such publication. It shall be the duty of the clerk to 
post copies of ordinances when required by tiiis act, and 
shall make an affidavit before some competent officer, and 
file the same in his office, stating the facts of such posting, 
a copy of which affidavit, certified under the seal of the in- 
corporation and hand oftiie ciarkj shall he 2y?'ima facie ev- 
idence of the facts therein stated, in reference to such pub- 
lication, in all courts and places whatsoever. In cases 



257 1852. 

where ordinances are published in a newspaper in said 
town, the certificate of the printer or publisiier thereof of 
the fact of sucli publication shall he. prima facie evidence 
thereof. 

^ 13. The regular meeting of the board of trustees Regular meet- 
shall be on the second Monday of every month, and they '"°^' 
may provide for the holding of adjourned and special meet- 
ings. 

§ 14. That the board of trustees shall have power to Taxes. 
levy annually, at the first regular meeting of the board af- 
ter their election, or such other time as they may desig- 
nate, and collect taxes for the incorporation upon all real 
estate within the term, and upon all personal property of 
the inhabitants of the town, not exceeding one per centum 
upon the assessed value tiiereof. In making such assess- 
ment the assessor shall be governed by the laws of this 
state directing the assessing of property for state and 
county purposes for the time being, as near as may be, and 
so as not to conflict with tlie provisions of this act. 

§ 15. The assessor, after having made his assessment D"fy of assessor. 
roll, shall deposit the same with the clerk of the board of 
trustees for inspection by any and all persons interested, 
for the space of ten days, posting up notices in four of the 
most public places in said town that said roll is so left for 
inspection, and siiall, upon the lapse of said ten days, return 
said roll to the clerk, stating in his return that said roll 
was so deposited and notices thereof posted as aforesaid. 
The clerk shall file and carefully preserve said roll and re- 
turn in his office, and all taxes levied upon real estate are 
declared to be a lien on the real estate upon which they 
are assessed from and after such return until paid. 

<§ 16. It shall be the duty of the clerk of the board of Correction of a?- 
trustees, within five days thereafter, to post up notices in ^®^^™^°'- 
four of the most public places in said town, and also insert 
such notice in a newspaper, should there be one published 
in said town, that at a place and on a day to be therein 
named, not more than two weeks from the return of said roll 
as aforesaid, the board of trustees will meet for the pur- 
pose of inspecting said assessment, when and where it shall 
be the duty of the board of trustees to meet and hear and 
investigate, under oath of the party complaining, to be ad- 
ministered by the clerk of the board, any complaints that the 
party complaining is charged with property not belonging to 
him at the time of assessment, or that his property is assessed 
too high, and shall in all such cases so alter and amend, or 
not, said roll as to them shall seem just : Provided, however, 
that if a regular meeting of the board of trustees will hap- 
pen at any time within three weeks after the filing of such 
roll, then it shall not be necessary to have a special meet- 

17 



1852. 



258 



Warrant of 
lection. 



Duty of town 
constable. 



Duty cf town 
clerk. 



ing convened as above, but the matters specified in this 
section may be acted upon at such rfegular meeting. 

§ 17. After such assessment roll shall have been before 
the board of trustees for its action thereon as above provi- 
ded for, and after making such alterations therein as they 
may deem necessary under the preceding section, it shall 
then be the duty of the board to cause a warrant to be issued, 
under the seal of the incorporation, directed to the town 
constable, with a copy of such assessment roll attached, 
commanding him to proceed and collect the same within 
ninety days after the date thereof; and in the collection 
thereof the said town constable is vested with the same 
powers, and to be exercised in all respects in the same 
manner, as collectors of taxes are in and by the act to pro- 
vide for township organization, so far as the same shall be 
applicable. 

§ 18. It shall be the duty of the town constable to pay 
in to the treasurer of the town all moneys collected by him, 
deducting his per centage from time to time, as fast as col- 
lected, and to make return en his warrant to the clerk of 
the board of trustees, within ten days after the return day 
thereof, under oath, to be thereon certified, showing — first, 
the amount of money collected by him ; second, the taxes 
on personal and real estate that he cannot collect for the 
want of any goods and chattels within the town belonging 
to the persons therewith charged, out of which the same 
might be levied and made, stating specifically as in the 
warrant, and making separate return of the personal and of 
the real estate upon which taxes remain unpaid. 

§ 19. Tiie town constable, with his sureties, shall be li- 
able for all taxes that by the use of due diligence he might 
have collected, and shall fail so to do. 

§ 20. It shall be the duty of the town clerk to file in 
the office of the clerk of the circuit court of said Boone 
county a copy, certified under the corporate seal of the in- 
corporation, of the return of the town constable, showing the 
real estate upon which taxes remain unpaid, at least five 
days before the first day of the next term of said court 
which shall be holden after the return of said warrant, and 
filing the same in his office, and shall cause a notice of an 
application to be made to the said circuit court for an or- 
der to sell the same tor non-payment of said taxes and costs ; 
and the time and place of such sale under such order to be 
published in the same manner as required by law for the 
time being for sale of real estate for non-payment of state 
and county taxes, and the circuit court shall thereupon pro- 
ceed to dispose of the matter in the manner and as required 
by said laws. 

§ 21. The town constable shall make the sale under 
the order of the court provided for in the above section, 



259 1852. 

and the town clerk shall keep a record of su'ch sale, file the 
same in his office, in a book to be provided for that purpose, 
issue certificates to the purchasers thereof, and said offi- 
cers shall in all things in and about said sale comply, as 
near as may be, with the provisions of the laws for the time 
being, directing sales of lands for non-payment of state and 
county taxes. 

5i 22. When any real estate in said town shall be sold KcdemiJtion. 
as is herein provided for non-payment of taxes, the same 
shall be subject to redemption by any person interested 
therein, within two years after the same shall have been 
sold, on paying to the clerk of the incorporation double the 
amount for which the same may have been sold, and all tax- 
es assessed for corporation purposes, which may have been 
paid by the purchaser at such sale since such sale, with le- 
gal interest thereon from the time of such payment to the 
time of such redemption, and thereupon the clerk of the 
board of trustees shall make out to the person so redeem- 
ing a certificate, under his hand and the seal of the incor- 
poration, specifying the lands redeemed, the time of re- 
demption, the moneys paid and by whom, which shall be 
prima facie evidence in all courts whatsoever of the facts 
therein stated. The clerk shall pay such moneys to the 
treasurer of the town, taking and filing his receipt therefor, 
and the treasurer shall deposit the same in the town treas- 
ury for the use of the purchaser at such sale, to be paid out 
to him or his assigns on demand therefor and receipt given. 

§ 23. Taxes and all costs made thereon may be paid at Taxes and costs 
any time to the town constable before the sale of the land i"resa%^*' 
for non-payment thereof. 

§ 24. In case any real estate sold under the provisions Tax deeds. 
of this act shall be and remain unredeemed as above pro- 
vided, at the expiration of two years from the date of such 
sale, a deed shall be made out and signed by the president, 
and countersigned by the clerk of the board of trustees, un- 
der the seal of the iiicorporation, and duly acknowledged 
by said officers, conveying the land to the purchaser or his 
assigns, his or their heirs and assigns, upon proof of such 
notice to the owner of the land as is required by the con- 
stitution and laws of this state, of the sale of land for non- 
payment of taxes. 

§ 25. Lands situated in said incorporation shall not be Exemption. 
liable to be assessed for road taxes, under the general laws 
of the state on that subject. 

§ 26. Officers acting under this act of incorporation in 
the sale of lands for non-payment of taxes, and in all pro- 
ceedings precedent and consequent to the order to sell 
the same, shall be entitled to the same fees as shall be al- 
lowed by law for similar services under the revenue laws 
of this state, and the same shall be a charge upon land 



1852. 260 

taxed and included in the order of the court directing such 
sale, as is provided in said laws. 

§ 27. Private property shall not be taken for the open- 
ing, widening or altering any public street, lane, avenue or 
alley, unless upon petition signed by thirty legal voters of said 
town, and notice given by publication in a newspaper, or by 
posting up notices in four public places, of the time and 
place of the presentation thereof 'o the board of trustees, 
who shall proceed to hear and determine the matter at 
such time, or adjourn the matter to such time as by them 
shall be thought proper. 
^proStl^ *°pd- § 28. When it shall be necessary to take private pro- 
vate property, perty for Opening, widening or altering any public street, 
lane, avenue or alley, the corporation shall make just com- 
pensation to the person whose property is so taken, and if 
the amount of such compensation cannot be agreed upon, 
the board of trustees of said town shall select by ballot five 
commissioners, legal voters of said corporation, and not 
directly interested in the question, who shall proceed, hav- 
ing been first duly sworn to make such assessment fairly 
and according to law, to examine the premises and hear all 
parties interested in the matter who may appear before 
them, and the award of any three of them in the premises 
shall be final. They or any three of them shall make out 
their award in writing, and return the same to the board of 
trustees under their hands and seals, with a certificate of 
the oath by them taken ; and in case of inability to agree 
upon any award, they shall be discharged by the board and 
other commissioners selected in their place. They shall 
also assess upon the property in the town by them deemed 
benefitted by opening, widening or altering such street, 
avenue, lane or alley, the damages by them assessed there- 
for in rateable proportion, and report the same with their 
assessment, and the board of trustees shall issue their war- 
rant for the collection of the same against the owners of 
the land so reported to be benefitted to the town consta- 
ble, and the same is hereby declared to be a special tax, 
and a lien on the land so reported to be benefitted thereby, 
and may be collected in same manner as other incorpora- 
tion taxes are. 

§ 29. Should the owner of any land upon which any 
special tax is assessed under this act be unknown, he may 
be so described in all proceedings to assess and collect the 
same. 

§ 30. In ascertaining the amount of the compensation 
to be allowed to the owner for his property taken for open- 
ing, widening or altering any street, lane, avenue or alley, 
the commissioners shall take into consideration the benefit 
as well as the injury happening by such opening, widening 



261 1852. 

or altering such street, lane, avenue or alley, and if the 
benefits exceed the injury shall so report. 

?i 31. When all the owners of all the property through opening ana ai- 

... 1 1 •/ O tGl'tltiOU Of 

which it is proposed to open, alter, extend or widen any streets. 
street, lane, avenue or alley shall join in petition for the 
same, no damages shall be allowed to any of them in con- 
sequence of complying witli their petition. 

§ 32. The board of trustees may, for good cause shown, ^^y-wis, wiun 
and application filed in the office of the clerk of tlie board 
within ten days after the return of the award of the com- 
missioners appointed under tiiis act, open and set the same 
aside and cause another assessment to be made by the same 
or other commissioners. 

§ 33. The board of trustees shall have power to provide special taxes. 
by ordinance for the assessing, levying and collecting a spe- 
cial tax on the owners of lots in any street, lane, avenue or 
alley, or part or parts thereof, according to tlie respective 
fronts owned by tliem thereon, for the })urpose of paving, 
grading, planking and making, it. such manner as the board 
shall direct, side walks and cross walks in such street, 
lane, avenue or alley, or part or parts thereof; which tax is 
hereby declared to be a lien on the land in reference to 
which it is assessed until paid, and to be a special tax to be 
collected as other incorpi)ration taxes are. 

i> 34. Tlie owners of lots shall be allowed a reasonable ''''™<^'^^'^'"i''"'^- 
time, to be ascertamed by ordinance, witliui winch to make tionicc.ot siae 
or repair such side walk or crosswalk, under the direction 
of the board of trustees, in front of tlie lots owned by them, 
and in case of failure to make and repair the same within 
such time, the board of trustees are authorized to cause 
such making or repairing to be done, and assess and collect 
the necessary expenses thereof, in manner hei-ein pro\ided. 

§ .35. All special taxes remaining unpaid shall be returned Collection of spe- 
by the town constable in the manner hereinbefore stated as entuicea?' 
to general taxes, and shall be annuall}- reported to the circuit 
court at the same time, and in all respects the proceedings 
to procure a sale of the land for non-payment thereof shall 
be conducted in the same manner that is herein provided to 
procure a sale of real estate for general taxes remaining 
unpaid and subject to sale and redemption in same manner. 

§ 36. The inhabitants of the said incorporation are Kxemption from 
hereby exempted from working poll tax for road labor oth- ^" 
erwise than under the provisions of this act. The board of Rnaa laiaor. 
trustees to aid them in keeping bridges, streets, lanes, ave- 
nues and alleys in repair in said town, shall have power to 
require every male inhabitant residing within the limits of 
the incorporation, over twenty-one years of age and not in- 
capacitated by sickness or other infirmity from manual la- 
bor, to labor on said streets, bridges, lanes, avenues or al- 
leys, not exceeding three days in each and everv year; and 



1852. 



262 



Kxclusive juris 
liiction. 



Punishment 
oSfenciers. 



any person failing to perform such labor according to the 
ordinances of the town in that behalf from time to time en- 
acted, shall forfeit and pay such fine as the board of trus- 
tees shall direct ; provided the board of trustees may pro- 
provide for the commutation of such labor. 

§ 37. The board of trustees shall have exclusive juris- 
diction and control over all bridges, streets, avenues, lanes, 
and alleys and public highways at and within the incorpo- 
ration, and the opening, repairing and making the same. 
And when it shall be necessary to build a bridge across the 
Kishwaukie river in said town on State street, the incor- 
poration shall bear one half of the expense, and the county 
of Boone the other : Provided^ the town shall have the ex- 
clusive control and management in building said bridge : 
And provided further^ that the expense thereof shall not 
exceed two thousand dollars, and all sums expended be- 
yond that amount shall be borne by the town alone. 

5 38. The board of trustees shall have power to pro- 
vide for the punishment of offenders, by imprisonment in 
the county jail, in all cases where such offenders shall fail or 
refuse to pay any fine or forfeiture recovered against them, 
for breach of any ordinance of the town : Provided, such 
imprisonment shall not be of longer duration tlian in the 
proportion of twenty-four hours imprisonment for every 
three dollars of the fine and costs. 

§ 39. Should the board of trustees appoint an attorney 
at law to attend to the prosecution of suits, for the breach 
of ordinances of the town, then it shall be in their discretion 
to provide for the taxation and recovery, as other costs in 
the cause, of a fee of two dollars and fifty cents, to be paid 
to such attorney in cases where the accused is convicted 
of the oflence charged : Provided^ that the compensation of 
attorney or counsellors at law, for services performed for 
and to be charged to the incorporation, shall not be affec- 
ted by this section. 

§ 40. Justices of the peace and constables of the coun- 
ty of Boone, residing witliin the limits of said corporation, 
shall have jurisdiction of all suits and processes brought and 
issued to recover any fine or enforce any penalty for breach, 
of any ordinance of said corporation ; such suits to be car- 
ried on and judgments recovered therein, and the same 
collected in the same manner as is provided by the gene- 
ral laws of the state, saving in all cases the right of trial 
by jury to either party demanding the same. 

§ 41. No fine for breach of an}^ ordinance of said town 
shall exceed fifty dollars, nor imprisonment for like offence 
twenty days. 

§ 42. All actions for fines, penalties and forfeitures ac- 
ortown" "'^^^ cruing for the breach of any ordinance of said town, shall 
be instituted and prosecuted in the name of "the president 



Corporation 
torney. 



Jurisdiction of 
justices. 



Limit of fines. 



Writs to be prose- 



263 1852. 

and board of trustees of the town of Belvidere," upon com- 
plaint of any person before any justice of the peace resi- 
ding in said town, by action of debt. Tlie ordinary pro- P'O'^"*'^"^^' 
cess shall be by summons, but in cases where the party 
complaining shall state under oath that he has good reason 
to believe the party accused to have committed a breach of 
an ordinance of the incorporation, and tiiat he believes the 
party accused is about to abscoiid or depart without the 
limits of the incorporation, or has so absconded or depart- 
ed, then the justice of the peace may issue his warrant to 
bring the party accused forthwith before him, to answer such 
complaint The party accused shall remain in the custody 
of the officer until the suit is disposed of, and the fine and 
costs, if any imposed upon him, paid or otherwise discharged 
according to law, unless he shall enter into a recognizance 
with good security, before final judgment in the cause, be- 
fore the justice of the peace or oiiicer to the incorporation, 
in double the amount of the penalty that may be inflicted 
upon him, conditioned that he will pay the judgment and 
costs that may be rendered in the suit against him ; and in 
default of such bail, the officer may commit the party ac- 
cused to the common jail of the county for safe keeping 
while the cause is not being heard. The justice of the 
peace shall grant but one continuance on the application 
of tiie plaintiff in the suit in cases where the accused is un- 
der arrest. The recognizance shall be filed in the office of 
the justice, and in case of forfeiture shall be transmitted 
by him to the clerk of the board of trustees. 

§ 43. Appeals and writs of certiora?'i s\\a.\\ be allowed ^i'p«=*'*- 
in all cases both on the part of the corporation and the de- 
fendant, in all suits brought to recover any fine, penalty or 
forfeiture for the breach of any ordinance of said town, 
from the judgment of the justice of the peace to the circuit 
court of the county, to be taken and granted in same man- 
ner and like effect as appeals and writs of certiorari from 
justices of the peace in other cases. 

6 44. The town constable shall have the same general Jurisdiction of 
jurisdiction and authority within the county of coone that 
constables have under the general laws of the state, and 
shall be subject to the same liabilities, and shall have ex- 
clusive authority to collect all general and special taxes 
levied by said incorporation. 

§ 45. All property, real and personal, heretofore ^e- ^^^op^'^^y^^^^j^j!^"^ 
longing to the president and board of trustees of the town uon. 

of Belvidere, (an incorporation organized in the year 

and dissolved in the year , under the general laws of 

the state,) for the use of the inhabitants of the same, shall 
be and are hereby declared to be invested in the in- 
corporation hereby created, and the persons liolding office 
in said dissolved incorporation at the time of its dissolution 



1852. 264 

shall render an account thereof to the incorporation hereby 
created. 

Money, how ap- § 46. No money shall be paid out of the treasury of 

propria e . ^^^^ incorporation save upon resolution of the board of 
trustees, specifying to whom and on wliat account the same 
is paid, and an order made by the clerk, signed by the 
president and countersigned by the clerk, drawn in pursu- 
ance of such resolution. All taxes of said town shall be 
collected in gold and silver, and the orders on the treasurer 
aforesaid, and all moneys belonging to the town shall be de- 
posited and remain with the treasurer, until drawn out in 
the manner above provided. 

statement of fis-" § 47. The boaid of trustees annually, at least two 
a ans. wecks prior to any general election for officers under this 
act, shall make out and enter upon their records a full and 
complete statement of the fiscal affairs of the incorpora- 
tion, showing item by item all moneys received, from whom 
and on what account; also all moneys expended and paid 
out, and to whom and on what account, and the then indebt- 
edness of tiie incorporation and on what account, the amount 
of orders on the treasury then outstanding, to whom paya- 
ble and on what account; a copy of which shall be published 
in a newspaper in said town at least one week prior to such 
election, and if none published then posted up in some 
public place one week prior to such election; and for wilful 
neglect or refusal on the part of said board of trustees, or 
any member thereof, to cause such statement to be made 
as herein provided, he or they shall be liable to indictment 
in the circuit court, and on conviction fined in any sum not 
exceeding one hundred dollars. 

Members of fire § 48. All pcrsons, members of any fire company organ- 

leparmen, ized Under the ordinances of said incorporation, shall, 
during the time that he shall be such member, be excused 
from serving in the militia, unless in cases of actual inva- 
sion or insurrection, and from sitting on juries, and after 
serving seven years as such fireman, consecutively, and re- 
ceiving a certificate to that effect, under the seal of tiie 
corporation, shall thereafter continue to be so exempt. 

Witnesses and ju- § 49. No persou shall be disqualified as a witness or 
juror in any suit or proceeding wherein the incorporation 
may be a party, or interested in consequence of being an 
inhabitant of said town, or member or officer of the incor- 
poration. 

First election of § 50. The first election of trustees shall be held at the 
trustees. court house in Belvidere, and shall be opened at nine 

o'clock in the morning and continue open until five o'clock 
in the afternoon of the same day. Tiio electors present at 
the opening of the polls shall elect two of their number to 
officiate as judges and one to act as clerk, who shall be 
sworn and in all things shall conduct such election as is re- 



265 1852. 

quired by the general election laws of this state, shall can- 
vass the votes and make certificates under their hands and 
seals of the persons elected, and deliver the same to them, 
and make returns of the poll-book and certificate attached 
to the clerk of the board of trustees, when he shall be ap- 
pointed and enter upon the duties of his office. 

§ 51. This act is hereby declared to be a public act and^^'^"'^ '"='• 
may be read in evidence in all courts of law and equity as 
such, and all acts and parts of acts contrary to or incon- Repugnant acts 
sistent with this act are hereby repealed, so far as the same 
conflict herewith. This act shall take effect and be in force 
from and after its passage. 

[§ 52.] The board of trustees shall not have power toi'i™*^^ **^««' 
cause a tax for general purposes to be assessed higher than 
one half of one per cent, upon the assessed value of pro- 
perty, without first submitting the same to the legal voters 
in the incorporation, and a majority of them voting in favor 
thereof, and they shall provide by ordinance for submitting 
such question to the voters, stating therein the amount per 
cent, proposed to be assessed. 

[§ 53.] In case all the trustees of said town should "^^^j^^^f'^^' "'^^ 
resign their office, or if for any other cause they shall be 
unable to act, then the clerk shall forthwith give one 
week's notice of the time and place of an election of a 
board of trustees to fill the vacancy. The removal of any 
town officer from the limits of the incorporation shall cause 
his office to be deemed vacant, but he may act until his 
successor is elected or appointed and qualified. 

[§ 54.] And be it further enacted, that one week prior ^o^beTakra! ^'' 
to the day herein appointed for the election of the first 
board of trustees, an election shall be held at the place and 
in the manner prescribed herein for the election of such 
trustees, by the legal voters of said district of country who 
would be entitled to vote at election of trustees, to vote for 
and against this act of incorporation, and if a majority shall 
vote in favor of it then the corporate rights, franchises and 
powers granted by this act shall go into effect, if against it 
then the same shall go into effect whenever, at any sub- 
sequent election, called by five legal voters of said town 
on one week's notice, posted up in four public places in 
said town, a majority shall vote in its favor. Voting at such 
election shall be by ballot, to be written or printed, " For 
incorporation," or "Against incorporation." Returns of all 
such elections shall be made to the county clerk of Boone 
county, to be filed in his office, and whenever the town shall 
become incorporated by any such election, then to be by 
him deposited in the office of the clerk of the board of 
trustees, when he shall be qualified. 

("§ 55.] The return of the judges of the election of the re- 
ult of the election in favor of incorporation shall be entered 



266 

upon the records of the incorporation, and a copy, certified 
under the seal of the incorporation and hand of the clerk, 
from the original or from the recorded copy, shall be evi- 
dence prima facie of the acceptance of this act of incor- 
poration, in all courts and places whatever. In case this 
act shall be adopted after the fifteenth day of July next, 
an election of trustees may be had as provided in the third 
section of this act. 

Approved June 23, 1852. 



In force June 23, -A-N ACT declaring a state road therein described, leading from the town of 
1852. Payson, in Adams county, to the city of Quincy. 

Section 1. Be it enacted hy the 'people of the Slate of 
Illinois, rej^resented in the General Jlssernhly, That a state 
-road be and is hereby declared, marked and located, lead- 
ing from Payson via the North Fork of Mill Creek, to 
Quincy, Adams county, as follows, to wit : beginning at 
the centre of Fulton street, a point from which the wind 
mill bs, 7|o E, 8.83 ch, (the bearing taken from the orna- 
mental ball at the top of the mill, the compass being ad- 
justed at S^ ba E;) thence (1st station) W. 1.21 ch; thejice 
(2d station) N. 49^^ 53' W., 42.50 ch to the lane lying be- 
tween Fells' and Brown's land, (of this distance 8.12 ch 
run through P. Thompson's, and the balance 34.38 ch 
through H. Brown's premises;) thence 3d, N. 61^ 20' W., 
26.57 ch, to the west side of Fells' land; thence 4th, N. 
490 W, 223.00 ch to a point 2 links E. of a hickory tree, 
22 in. di., near Waddel's barn, (of this distance through F. 
Donley's land, 38.32 ch, Scott's, 8.89 ch, Bennington's, 
61 ch, lost land, 2.75 ch, Westfall, 27.31 ch, S. Thompson, 
46.50 ch, M. Cox's, 7.69 ch. Hanks', 15.70 ch, Wm. Good- 
ing's, 5.98 ch, Griggs', 14.16 ch, Dolty's, 26,63 ch, Wad- 
del's, 5.62 ch;) thence 5th, N. 2Ho 26.50 ch ; at this point 
a pin oak, 12 in. di., bs. S. 53^ W., 53 links; thence 6th, N. 
2840 W., 21.22 ch, a hickory, 12 in. di.; thence 7th, N. 
210 W., 13.50 ch; thence 8th, N. 68^ W., 6.50 ch; 9th, N. 
820 w., 11.30 ch; thence 10th, N. 51" W., 11.53 ch; 11th, 
N. 55^° V/,, 6,50 ch, a red oak, 20 in. di., to N. 74° E., 
83 links; thence 12th, N. 2^ W., 2.75 ch; thence 13th, N. 
12^'' W., 19.88 ch; thence 14th, N. 70^^ W., 18 ch ; at this 
point a W. oak, 18 in. di., bs N. 445° E., 142 links, thence 
15th, N. 57° 55' W., 4.60 ch; thence 16th, N. 881^ W., 
11.65 ch, an elm tree, 6 in. di., bs S. 48i° E., 73 links; 
thence S. 65° 12' W., 40.85 ch, to the North Fork of Mill 
Creek, a birch, 15 in. di., bs 60° 20' E., 76 L., and a lo- 
cust 18 in. di., bs S. 33^° W., 97 L. dis. ; this point lies 
north 2.04 ch of a point from which the N. W. corner of 
the S. E. qr of the S. E. qr of section twenty-one (21,) 



267 1852. 

township 2 south, range No. eight (8) west, of the 4th pr. 
meridian, bears N. 5.72 ch, the same being represented in 
the surveyor's plat and surv^ey. 

§ 2. This act to take effect from and after its passage. 

Approved June 23, 1852. 



AN ACT to change the name and legalize the acts of the First Congrega- in force June 23, 
tional Society of Joliet. 1852. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That the 
name of the First Congregational Society of Joliet, in Will ^^me changed. 
county, be and the same is hereby changed to " The First 
Congregational Society of Joliet." 

§ 2. Said society shall not be deemed to have waived ojsamzation ^le- 
or forfeited any of its rights, privileges, powers or franchi- rights conflrm- 
ses, by reason of a failure to file for record in the recorder's 
office any certificate or certificates of the election of trus- 
tees heretofore made, but such society shall have and retain 
all such rights, privileges, powers and franchises in the 
same manner as though such certificate had been regularly 
filed for record, and the persons now acting as the trustees 
of said society, under elections heretofore had, shall be 
considered as the legal trustees thereof until their succes- 
sors shall be elected. 

§ 3. This act to be in force from and after its passage. 

Approved June 23, 1852. 



AN ACT to incorporate the Campton Cemetery Association. In force June 23, 

1852. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That Numan corporators. 
L. Barber, Eli Barber, James Huls and Timothy P. Gar- 
field, and their associates and successors, in the town of 
Campton, in the county of Kane, be and they are hereby 
constituted a body corporate and politic, by the name and style, 
style of " The Campton Cemetery Association," and by 
that name have perpetual succession, and shall have, pos- General powers- 
sess and be invested with all powers, rights, privileges, lia- 
bilities and immunities incident to a corporate body. 

§ 2. Said association shall have power to own and pos- Power to own 
sess real estate, not exceeding five acres, which shall be 
exempted from taxation. 



1852. 268 



Object of corpor- § 3. The object of said association shall be exclusively 
and solely to lay out, enclose and ornament a piece of 
ground, not exceeding five acres as aforesaid, to be used as 
a place of burial for the dead. 

Power to lay out R 4. Said associatiou shall have power to lay out such 

and sell lots. •* , , F , 

burial place into lots suitable for family burial departments, 
and sell the same, the purchasers of which shall use the 
said lot or lots as herein contemplated and for no other use 
whatever. 

Appropriation of § 5. The procecds of such sale, after deducting the 
expenses of purchasing the land and laying out the lots, 
shall be appropriated and used in improving and ornament- 
ing the burial ground, or in other objects connected with 
this incorporation. 

Officers of corpo- § 6. The officcrs of this association shall be a presi- 
dent, a treasurer, who shall also act as secretary, and a 
superintendent, who shall be chosen annually by ballot, and 
shall hold office until their successors are chosen, and any 
neglect to choose officers on the day fixed on in the notice 
for an election shall not operate as a forfeiture of this act 
of incorporation. The president, secretary and superin- 
tendent shall constitute a board for the transaction of the 
financial concerns of the association and the execution of 
its by-laws. 

Qualifications for R 7. Evcrv oersou holdinsf one or more lots shall be a 

voters •' L o 

member, and shall be entitled to one vote only. Absent 
members may vote by proxy. 

^tV^howvestedr § ^- The rights of property to any lot or lots which 
may be purchased, shall be vested by a certificate of stock, 
describing the lot or lots by number, signed by the presi- 
dent and countersigned by the secretary, and every certifi- 
cate of sale or transfer shall be recorded by the secretary 
in a book to be kept for that purpose. 

Meetings. § 9. It shall be the duty of the secretary, on the request 

of the president or superintendent, or of any four members 
of the association joining in the request, to call a meeting 
of the association, for the choice of officers or for the 
transaction of any business which this act authorizes, by 
giving ten days' public notice. 

By-laws, &c. § 10. The said corporation shall have power to estab- 

lish and change by-laws and regulations for their govern- 
ment, the direction of their officers and the management of 
its property and aflfairs, not inconsistent with the laws of 
this state or the United States. 

individuaiiiabii- §11. The private property of the members shall be 
liable for all debts created by said corporation. 
This act to be in force from and after its passage. 
Approved June 23, 1852. 



JOINT RESOLUTION. 



A JOINT RESOLUTION concerning the homestead bill. 

Whereas a bill is now pending before congress, denomina- Preamble. 

ted the " Homestead Bill," proposing to donate the 

quantity of one hundred and sixty acres of the public 

lands to real actual settlers ; therefore, 

Resolved by the House of Representatives, the 5'e7ia^e instruction. 
concurring herein, That our senators in congress be in- 
structed, and our representatives be requested, to use all 
honorable exertions to procure the passage of said bill, or 
some bill similar in its provisions. 

Resolved, That his excellency, the governor of this state, copy^toi)e for- 
be requested to forward to each of our senators and rep- 
resentatives in congress a copy of the foregoing preamble 
and resolutions. 



DEPARTMENT OF STATE, 

Springfield, Illinois, September 4, 1852. 
I, David L. Gregg, Secretary of State of the said state of Illinois, do hereby cer- 
tify that the foregoing acts (except the words printed in brackets, thus [ ], which are 
inserted for the purpose of correction and explanation,) are true copies of the enrolled 
laws and joint resolution passed by the seventeenth general assembly of said state, at 
the second session thereof, and now on file in my office. 

DAVID L. GREGG, 

Secretary of State. 



INDEX. 



OBEX. 



A. 



Acts ol; incorporation. See Corpora- 
tions. 

Academy, at HiUsboro, charter of, amen- 
ded, - - - 97 

Aclvnowledgment of deeds executed by 

canal trustees, not required, - 200 

..\dams, sheriff of, to be ex ojjicio collec- 
tor in Quincy, - - 236 
treasurer of, to be e.r ojficio asses- 
sor in Quincy, - - 236 

Additions to Waukegan, - - 9 

Agricultural society incorporated, - 52 

Alexander and Pulaski Toll-bridge and 
Plank Road company. See Cor- 
porations, - - - 91 

Alleys and streets in Jonesboro vacated, 29 

Alton and Jerseyville Plank Road com- 
pany. See Corporations, - 15 

Alton and Sangamon railroad, charter of, 

amended, - - - 46 

authority to extend road to Chi 



47 



146 



name of company changed, 
increase of stock, 
power to unite with other roads, - 
right of way, 

certified copies of records to be 

evidence, - - - 

Amendment of laws relating to right of 

way, . - - 

Amendments to charters, - 3, 4, 8, 10, 

11, 12, 36, 41, 46, 49, 51, 77, 88, 97, 

108, 122, 124, 130, 131, 146, 170, 

193, 199, 206, 212, 219 

Appropriation to Samuel Bacon, - 92 

.Appropriations for expenses of special 

session of the general assembly, 173 
Assessments, to be made with reference 
to diminution of value by con- 
struction of public works, - 205 
rule of, - - - 205 

Auditor, to draw warrant to Samuel Ba- 
con, - - - 92 
to issue warrants for expenses of 

special session, - - 173 

to furnish abstract of swamp lands, 179 
to issue warrants for proceeds of 
two mill tax, - - 198 

18 



Auditor, to execute deeds for forfeited 

lands, - - -205 

Aurora Branch railroad, extension of, au- 
thorized, - - - 170 
route of extension, - - 170 
right of way, - . 170 
increase of capital stock, - 171 



B. 



Bacon, Samuel, claim of, settled, 
Belleville and Illinoistown railroad. See 

Corporations, 
Belvidere, town of. See Corporations, - 
Bloomington,inco^oration of, legalized, 
oliicial acts of council legalized, 
fines incurred within city limits to 
be paid into city treasury, 
Bonds, to be issued to Tuthill King, 

issue of by Kendall county au- 
thorized, - - ' - 
issue of by Johnson county au- 
thorized, - - " - 
Ocjuawka, city of, authorized to 
issue, - - - 
Peoria, city of, authorized to issue, 
sale of, by Peoria and Oquawka 

railroad, authorized, - 
issue of, by Rock Island and Cam 
den Railroad compan}-, author 
ized, 
Illinois, to be purchased with pro 

ceeds of two mill tax, 
Spoon River Navigation company 
authorized to issue, - 
Boatmen, hospitals and houses of wor- 
ship tor, - - - 
Boone, terms of court in, 
Breese, Joseph Lewis, name of. changed 
to Samuel Livingston Breese, - 
Bridge company. See Corporations, - 
Bridge association. See Peoria Bridge, 
Bridge over Illinois river at Morris au- 
thorized, - - - 
Brown, terms of court in. 
Building Association, Jerseyville, incor- 
porated. - - - 
Bureau, terms or court in. 
Burial ground, at Waukegan, 
at Mt. Carroll, 



- 92 



114 

252 

45 

45 

45 
63 

64 



89 
98 

- 195 



- 197 

- 198 
223 

20 

53 

176 
24 
46 

171 

177 

62 

207 
10 
28 



[iv] 



INDEX. 



Burial ground, at Rockford, - - 220 

at Campton, - - - 267 

Burlington and Warren Plank Road com- 
pany, right of, to establish ferry 
over the Mississippi at Burling- 
ton, - - - 220 



Campton Cemetery Association. See 

Corporations, - - 267 

Canal claims, commissioners to investi- 
gate, appointed, - - 152 
Canal, deeds executed by trustees of, 

need not be acknowledged, - 200 
Canton and Liverpool Plank Road com- 
pany, power to increase stock 
of, - - - 11 

amendment of articles of associa- 
tion of, - - - 11 
Carroll, terms of court in, - - 239 
Carlinville and Chesterfield Plank road. 

See Corporations, - - 103 

Cass, terms of court in, - - 177 

Cemetery, at Waukegan, - - 10 

at Mt. Carroll, - - 28 

at Rockford, - ' - 220 

at Campton, - - 267 

Central railroad. See Illinois Central 

Railroad, - 130, 208 

Central Military Tract railroad, charter 

amended, - - - 36 

Chaldea. See Myron Lodge, - 49 

Charter, of Kankakee and Iroquois Nav- 
igation company, amended, - 10 
of Chicago Hydraulic company, 

amended, - - - 12 

of Mt. Carroll Seminary, - 18 

of Alton and Jerseyville Plank 

road, - - - 15 

of Momence Bridge company, - 24 
of Virginia Seminary, - - 25 

of Northern Cross railroad, amen- 
ded, - - 3,108 
of Illinois and Mississippi Tele- 
graph company, amended, - 4 
of Mt. Carroll Cemetery, - 28 
of Ottawa Northern Plank Road 

company, amended, - - 8 

of Fox River Valley Railroad 

company, - - - 29 

of Central Military Tract rail- 
road, amended, - - 36 
of city of Pekin, amended, - 41 
of Chicago Mutual Insurance 

company, - - - 42 

of Alton and Sangamon railroad, 

amended, - - - 46 

of the Literary and Theological 
Institution of the Lutheran 
church, amended, - - 49 

of Mississippi and Rock River 

Junction railroad, amended, - 51 
of Mercy Hospital and Mercy Or- 
phan Asylum, - - 53 
of St George's Society of Illinois, 55 



Charter, of Ottawa, Oswego and Fox 

River railroad, - - 56 

of Jerseyville Building Associa- 
tion, - - - 62 
of Firemen's Benevolent Associa- 
tion of Chicago, - - 65 
of the city of Monmouth, - 68 
of the city of Galena, amended, - 77 
of the Rock River Mutual Insu- 
rance company, - - 80 
of the Nauvoo and Warsav? rail- 
road, amended, - - 88 
of the Warsaw and Rockford rail- 
road, amended, - - 88 
of the Alexander and Pulaski Toll- 
bridge and Plank Road com- 
pany, - - - 94 
of the Naples Protection Associa- 
tion, - - - 93 
of Hillsboro Academy, amended, 97 
of Mt. Nebo Lodge, No. 76, of 

Free and Accepted Masons, - 99 
of Princeton and West Hennepin 

Plank road company, - 100 

of Carlinville and Chesterfield 

Plank road, - - 103 

of tile town of Hermon, - 108 

of the Belleville and Illinoistown 

railroad, - - - 114 

of Ohio and Mississippi Railroad 

company, amended, - - 122 

of Fayette Seminary, amended, - 124 
of Illinois Central railroad, amen- 
ded, - - 130,208 
of the town of Hennepin, consoli- 
dated. - - - 131 
of the Springfield and Terre Haute 

railroad, _ - - 140 

of the Chicago and Rock Island 

railroad, amended, - - 146 

of the town of Woodstock, - 154 

of the city of Joliet, - - 161 

of the Aurora Branch railroad, 

amended, - - - 170 

of the Wabash Valley railroad, - 187 
of the Peoria and Oquawka rail- 
road, amended, - - 193 
of the Southern Illinois railroad, 200 
of the Illinois River Board, amen- 
ded, - - - 206 
of the Northern Illinois railroad, 208 
of Okaw Bottom Plank road, 

amended, - - - 212 

of the German Benevolent Society 

of Galena, - - - 213 

of the city of Chicago, - 21» 

of the city of Peru, - - 21& 

of the Rockford Cemetery Asso- 
ciation, - - - 220 
of the Joliet and Terre Haute 

railroad, - . - 223 

of Cook County Drainage Com- 
missioners, - - - 240 
of the city of La Salle, - 242 
of the town of Belvidere, - 252 



INDEX. 



[ V J 



Charter, of the Campton Cemetery Asso- 
ciation, - . - 267 
Chancery business in Will, circuit court 
to be always open for transac- 
tion of, - - - 106 
Chicago, Firemen's Benevolent Associa- 
tion of, - - - 65 
Mercy Hospital and Mercy Or- 
phan Asylum of, - - 53 
Order of Chaldea of, - - 49 
licenses to retail liquor in, prohib- 
ited, - - - 219 
City Hydraulic company, author- 
ized to borrow money, - 13 
Mutual Insurance company. See 
Corporations, - - 42 
Chicago and Mississippi railroad. See 

Alton and Sangamon railroad, - 46 
Chicago and Rock Island railroad, char- 
ter of, amended, - - 146 
relocation of certain parts of, au- 
thorized, - - - 146 
certified copies of records of, to 
be evidence, - - 146 
City of Rock Island, authorized to levy 

special tax, - - 7 

of Pekin, authorized to borrow 

money and levy tax, - - 41 

of Bloomington, incorporation of, 

legalized, - - - 45 

of Monmouth, incorporated, - 68 

of Joliet, incorporated, - 161 

of La Salle, incorporated, - 243 

Circuit courts. See Courts. - 

Circuit court of Will, to be always open 

for chancery business, - 106 

Claims against the state, - - 152 

Claim of Samuel Bacon, settled, - 92 

Clark, terms of court in, - - 96 

Clay, terms of court in, - - 96 

Coles, terms of court in, - - 96 

Commons of Prairie du Rocher, act rel- 
ative to, amended, - - 98 
Commissioners to investigate canal 

claims appointed, - - 152 

their powers and compensation, 153-4 
Congressional districts established, - 13 
Contempts of court, persons committed 

for, when to be discharged, - 123 
Constitutional tax to be applied to the 

purchase of state bonds, - 198 

Conveyances, by canal trustees, not re- 
quired to be acknowledged, - 200 
acknowledgments of the execu- 
tion of, by David Rowland, to 
be valid, - - - 186 

Congregational Society of Joliet, acts of 

legalized, - - - 267 

Cook county, supervisors of, authorized 

to borrow money, - - 11 

application of money borrowed, - 12 

special tax in, authorized, - 12 

drainage of lands in, - - 240 

Counties allowed to take stock in plank 

roads, - _ - 125 

County of Gallatin, act relative to, - 106 



Court house, in Jolinson county, provi- 
sion for completion of, - 88 
Courts, contempts of, act relative to, - 123 

time of holding in 4th circuit, - 96 
'• " " " 5th " - 177 
" " " " 6th " - 239 
" " " " 9th « - 207 

" 'f " <' 10 th « - 123 

" " " " nth " - 105 

" " " " 12th " - 177 

" " " " 13th " - 53 

Crawford, terms of court in, - - 9(i 

Cumberland, terms of court in, - 96 
Cumberland Presbyterian Church. See 

Corporations, - - 25 
Corporations general, hospitals for boat- 
men. See Hospitals, - 20 
mining and transportation compa- 
nies, - - - 135 
transportation companies, - 215 
Corporations, special, Alton and Jersey- 
ville Plank Road company, du- 
ration of, - - - 15 
transfer of rights under old organ- 
ization, - - - 16 
election of directors, - - 16 
toll-gates and tolls, - - 16 
right of way, - - 17 
contracts, - - - 17 
power to borrow money, - 17 
kind of estate, - - 17 
Mount Carroll Seminary, corpora- 
tors of, - - _ IS 
location of, - - - 18 
number of trustees of, - - 18 
powers of corporation, - 18 
vacancies, how filled, - - 18 
treasurer to give bond, - 19 
religious faith not required as a 

qualification for admission, - 19 

limitation of property, - - H) 

amount of stock and shares, - 19 

corporators to be first trustees, - 19 

conveyances, how executed, - 19 

time of elections, - - 19 

exemption from taxes, - - 20 

limitation of votes, - - 20 
Temple Lodge, No. 46, of Free and 
Accepted Masons, style and 

power of corporation, - 23 

trustees of, - - - 23 

limitation of stock, - - 23 
Momence Bridge company,corpora- 

tors of, - - - 24 
capital stock, - - 24 
objects of, - - . 24 
tolls authorized, - - 25 
penalties for injuries, - - 26 
Virginia Seminary of the Cumberland 
Presbyterian Church, corpora- 
tors and style of, - - 25 
object of, - - . 26 
power of trustees, - - 26 
exemption from taxation, - 26 
acquirement of property, - 26 
power to confer degrees, 26-7 



[ vi] 



INDEX. 



PAGE. 

Corporations, special — 

Virginia Seminary of ihe Cumber- 
land Pi-esbytHfian Church, theo- 
logical department, - " *I 
meeting and division of truslecs, - 27 
successors to trustees, :-'T 
removals and quorum, - . " -^ 
Mount Carroll Cemetery Associa- 
tion, corporators and style of, - 2S 
real estate of, limited, - - 2S 
object, ofiicers and power of, - 'Zfi 
funds, how applied, - - 28 
votes, meetings and !)y-lavvs, - 28 
Fox River Valley Ra'ilroad, cor- 
porators and style of, - 2'J 
general pov/ers of corporation, 29-30 
commissioners and capital stock, 30 
directors to be annually elected, 31 
mode of calling in stuck, - '61 
route of road, 31, 32 
righi of way, how procured, - 31 
power to borrow money granted, - 32 
union with other roads, - 33 
penalty for injuries, - - 33 
time of constructin^i; road, - 33 
Grand Union of Daugtiters of Tem- 
perance, corporators and style of, 34 
general powers, - - 35 
subordinate unions, - _ - 35 
powers of suboidinato unions, - 36 
Central Military Tract Kaiiroad, 

charter of amended, - - 36 
corporators and style, - - 36 
route of road, - - 36 
right of way, - - 37 
capital stocK, - 37, 38 
additional stock allowed, - 38 
first board of directors, - 39 
new directors, when to be elected, 39 
tolls and penalties, - - 39 
intersections and junctions, - 40 
power to borrow money, - 41 
time of making road, - - 41 
Chicago Mutual Insurance com- 
pany, corporators and style of, - 42 
powers, general an.d special, - 42 
directors and their term of office, 42 
vacancies and elections, - 43 
who to be members of company, - 43 
organization, when and how ef- 
fected, - - - 43 
premiums and notes therefor, - 43 
stock policies, to whom issued, - 44 
investment of funds. - - 44 
statement of alFairs, - - 44 
suits, how prosecuted, - - 44 
office, where to be kept, - 45 
Board of Trustees of Illinois State 
University. See Illinois State 
University, - - 49 
Winnebajjo County Agricultural So- 
ciety, corporators, style and 
powers of, - - - 52 
officers for first year, - 52 
Mercy Hospital and Mercy Orphan 
Asylum of Chicago, corpora- 
tors, style and powers of, - 53 



PAGE. 

Corporations, special — 

Mercy Hosjntai and Mercy Orphan 
Asylum or Chicago, use and 
acquisition of property, - 54 
buildings and location of institu- 
tions, - - - 54 
tieasurer to give bond, - - 54 
service of process against, - 55 
proceedings to forfeit charter, - 55 
oliiceis of, - - - 55 
St. George's Society of Illinois, cor- 

poraiors, style and powers of, - 55 
location of, and limitation of pro- 
perty, - _ - f;© 
Ottawa, 6swego and Fox River Val- 
ley railroad, corporators and 
style of, - - - 55 
powers, route and stock of, - 57 
ofiicers of, - - - 57 
right of way, how obtained, 58, 60 
penalties for injuries, - - 58 
annual meetings, how fixed, - 58 
organization,- - - 59 
increase of stock, - - 59 
intersections and unions with oth- 
er roads, - - - 60 
power to liorro-,¥ money, - 61 
period of charter, - - 61 
Jerseyville Building Association, 
corporators, style and general 
powers of, - - 62 
capital stock of, - - 63 
former acts of, legalized, - 63 
Firemen's Benevolent Association 
of Chicago, corporators, style 
and genera! powers of, - 65 
objects and management of, - 66 
alio-vved lo t«ke 12 per cent, inter- 
est on loans, - - 66 
penalties, how applied, - 66 
competency of witnesses in suits, 66 
insurance agents to pay assess- 
ment to, - - - 66 
insurance agents to give bonds, - t)7 
penalty for not making bond, - 67 
report of removal or change of 

place, - - - 67 
provisions of Revised Statutes re- 
pealed, - - 68 
The city of Monmouth, style ar,d 

extent of city, - - 68 

additions and wards, - - 68 

city council and their powers, - 69 

mayor and his qualifications, - 70 

elections, when held, - - 70 

qualifications of voters, - 71 
legislative powers of council, 71, 72 
duties and power of mayor, 73, 74 
appropriation of private property 

and damages therefor, 74, 75 

road labor and tax, - - 75 

imprisonment of offenders, - 76 

suits, fines. &c., - - 76 

effect and promulgation of charter, 76 

vote on charter, - - 77 

Rock River Mutual Fire Insurance 

company, corporators and style 

of, ■ - - - «0 



INDEX. 



L vii ] 



PAGK. 

Corporal ions, special — 

llock River Mutual Fire Insurance 
company, limitation of real es- 
tate or, - - - 80 
members of corporation, - 81 
(li/ectois, vvlien and how chos";!, 81 
powers of directors^ - HI, 82 
latej of insurance, how deler- 

iuined, - - - 81 

basis of insurance, - - 82 

objects of insurance, - - 82 

deposite notes, - - 82 

losses, who liable for, - - 83 

notice of losses, - - 83 

payment of losses, - - 83 

suits on deposite notes, - 84 
loss above deposite notes, how 

made up, - - - 84 
time and mode of insurance, - 84 
ciFect of sale of insured property, 85 
alleration of insured build:n,:',-s, - 85 
classification of property insured, 85 
insurance of leased property, - 85 
effect of double insurance, - 86 
assessments and loans, - - 86 
examination of books, - - 86 
evidence in suiti!, - - 86 
suils, how brou;;ht, - - 86 
etfect of non-payment of assess- 
ments, - " - - 86 
change of ownership of property 

insured, - - - 87 
who to constitute first board of 

directors, - - - 87 
Alexander and Pulaski Toll-bridge 
and Plank Road company, co"r- 

porators, style and purpose of, 91 

amount and shares of stock, - 91 

increase of stock, - - 91 
toll-bridge and plank road to be 

independent, - - <)1 
charter, when to be void, - 92 
penalties for injuries, - - 92 
Naples Protection Association, cor- 
porators, style and powers of. - 93 
officers of, - - - 93 
funds and accounts of, - _ 93 
objects, - - 93 
ordinances and their objects, - 94 
taxes and mode of assessment, - 94 
prevention of overflows, - 94 
power to borrow money, - 95 
penalty for injuries, - - 95 
property and right of way, - 95 
Mount Nebo Lod.'je, No. 76, of Free 
and Accepted Masons, corpora- 
_ tors, style and general powers of, 99 
limitation of property, - - 9'.t 
Mho to be trustees of, - - 99 
power to make by-laws, - 99 
evidence of organization, - 99 
Princeton and West Hennepin 
Plank Road company, corpora- 
tors, style and powers of, - 100 
objects and capital stock of, - 100 
..commissioners to receive sub'scrip- 
tioDS, - - - 100 



Hennepin 
company, direc- 



Corporations, special — 

Princeton and West 
Plank Road 

tors and oilicers of," - - 100 

organization of, - - 101 

toll-gates and bridges, - - 101 

penalty for refusing to pay toll, - 101 
point of commencement, - 101 

time of completion, - - 101 

power to pass over state lands, - 101 
ferry fi-anchise granted, - 102 

conditions of receiving franchise, 102 
right to use state and county 

roads, - - - 1()2 

part of road may be macadamized, 102 
right 10 construct railroad granted, 103 
Carlmville and Chesterfield Plank 
Road company, corporators, 
^ style and general powers of, - 103 
objects of corporation, - 104 

capital stock, - - 104 

c oramissioners to receive subscrip- 

tions, - - - 104 

directors, when and how chosen, 104 
toll-gates and collection of tolls, 104 
rate of tolls, - - - 105 

commencement and completion 

of road, - - - 1C5 

right of way, - - - 105 

extension of road, - - 105 

Harrisoiiville, town of, nature and 

extent of powers, - - 108 

name changed to Hermon, - 109 

Shawneelown and Equality Plank 
Road company, general powers, 
style and objects of, - - 110 

capital stock of, - - 110 

commissioners to receive subscrip- 
tions, - - - 110 
directors and officers, - - 111 
toll-gates, tolls and bridges, - 111 
individual liability, - - 111 
rates of toll, - - . 112 
penalty for refusing to pay tolls, 112 
right of way, - - 112 
embankmenis, - - 112 
limitation of tolls, - - 112 
restriction, - - - 113 
Belleville and Illinoistown Railroad 
company, corporators, style 
and general powers of, - 114 
route of road to be constructed, - 114 
right of way granted to, - 114 
right of entry on public and pri- 
vate land, - - - 115 
damages, how ascertained and 

paid, - - 115,116 

capital stock. - - 117 

hoard of directors and officers, - 118 
office of company to be in Belle- 
ville, - - - 118 
regulation of tolls, - - 118 
locomotives and cars, - - 118 
general power to regulate road, - 119 
power to own real estate, - 119 
city of Belleville authorized to 
subscribe stock, - - 120 



[ viii 1 



INDEX. 



PAGE. 

Corporations, special — 

Belleville and Illinoistown Railroad 
company, penalty for injuries 
to road, &c., - - 120 

• power to extend to and unite with 

other roads, - - 120 

power to borrow money, - 120 

time for completion of road, - 121 
Lacon, Wyoming and Toulon Plank 
Eoad company, corporators, 
style and general powers of, - 125 
route of road, ' - - 125 

by-laws, power to make, - 126 

capital stock, and commissioners, 126 
directors, and mode of election,— 126 
toll-gates and tolls, - - 126 

power to borrow money, - 126 

time for completion of road, - 126 
right of way, and proceedings to 

obtain it, - - - 127 

power to change route, - 127 

penalties for injuries, - - 128 

penalty for avoiding payment of 

tolls, - - - 128 

recovery of penalties. — - 129 

shares of stock transferable, - 129 
Hennepin, town of, limits of, - 131 

style and general powers of, - 131 
officers, their election and qualifi- 
cation, - _ _ 131 
vacancies, how filled. - - 132 
oaths and bonds of officers, — 132 
special powers of corporation, 132, 133 
style of ordinances, - - 133 
publication of ordinances, - 133 
deeds by, how executed, - 134 
suits by, how prosecuted, - 134 
assessments, Avhen made, - 134 
exemption from road labor, - 134 
street taxes, - — 134 
time of first election, - - 134 
public property, how vested, - 135 
former acts repealed, - 135 
Springfield and Terre Haute Railroad, 

corporators of, - — 140 

style and general powers of, - 141 
capital stock of, - - 141 

right of way, - 141, 143 

proceedings to obtain right of way, 144 
additional sto 'k authorized, - 143 
intersection with other roads, - 144 
union with other roads, - 145 

power to borrow money, - 145 

p width of road, how determined, - 145 
commencement and completion of 
road, _ _ _ 145 

Woodstock, town of, style of corpo- 
ration and general powers of, - 154 
town limits, - - 154 

town officers, - 154, 155 

wards and their boundaries, - 155 
time of elections, - - 155 

quailficationofoificers and electors, 155 
official bonds, - - 155 

notice of town meetings and spe- 
cial elections, - - 155 



Corporations, special — 

Woodstock, town of, board of trus- 
tees to appoint certain officers, 156 
meetings of board of trustees, - 156 
elections, — _ _ 156 

special powers of trustees, - 157 

side walks, construction of, - 157 

regulation of streets, - - 158 

effect of neglect to pay taxes, — 158 
redeuiption of real propeity sold 

for taxes, _ - - 158 

publication of ordinances, — 158 

oaths of office, - - 159 

road taxes, - - - 159 

organization of corporation, - 159 
president to be ex ojficio supervisor, 160 
acceptance of charter, how deter- 
mined, - - - 160 
Joliet, the city of, style of corpo- 161 
ration, boundaries of, - - 161 
commissioners to divide into 

wards, _ _ _ 161 

general powers of corporation, — 162 
city council, of whom to consist, 162 
aldermen to be divided into tv/o 

classes, _ - - 162 

election, &c., qualifications of al- 
dermen, - — — 162 
mayor, election and qualificationof, 163 
vacancy, how created and filled, - 163 
city elections, when held, - 164 
qualifications of voters, - 164 
legislative powers of council, 164-5-6 
ordinances, how proved, - 167 
the mayor, his powers, duties and 

jurisdiction, — 167-8 

to be ex officio a justice of the 

peace, _ _ _ 167 

when to be removed from office,— 168 
appropriation of private property, 168 
opening of streets, - — 168 

jurors to assess damages to be 

sworn, _ _ _ 168 

rule of damages, - - 168 

power of mayor to set aside assess- 
ment, _ _ _ 169 
power to levy special taxes, — 169 
exemption fiom road labor be- 
yond city limits, — — 169 
road labor within city limits, - 169 
punishment of offenders, - 169 
statement of receipts and expen- 
ditures to be published, - 169 
suits, how prosecuted, - 169 
appeals allowed, - - 169 
term of mayor, - — 170 
process issued by mavor, how ex- 
ecuted, _ — _ 170 
fees of mayor, - — 170 
acceptance of act,how" determined 170 
Wabash Valley railroad. corporators, 

style and general powers of, - 187 
route of road, - - 187 

width of road, - - 187 

right of way and proceedings to 

obtain it, - - 188-91 

capital stock of, - - 190 



INDEX. 



[ i^ ] 



Corporations, special — 

Wabash Valley railroad, directors, - 190 
organization of, - - 191 

width of track, how determined, - 191 
intersection with other roads, - 191 
dividends of profits, - - 191 

penalties for injuries, - - 192 

union with other roads, - 192 

power to borrow money, - 192 

time of commencement and com- 
pletion, - - - 192 
Southern Illinois railroad, corpora- 
tors, style and general powers of 200 
commissioners to receive subscrip- 
tions, - - - 200 
election and term of directors, - 201 
vacancies in board, how filled, - 202 
route of road, - - 202 
right of way, - 202, 203 
power to borrow money, - 203 
repair of highways and bridges, - 203 
union witii other roads, - 203 
commencement and completion of 
work, - - - 203 
Northern Illinois railroad,duration of 

corporation, - - 209 

style and general jiowers of, - 209 
commissioners to receive subscrip- 
tions, - - - 209 
amount of capital stock, - 210 
payment of subscriptions, - 210 
route of road, - - 210 
right of way, - - 211 
power to borrow money, - 211 
repair of highways, &c., - 212 
penalty for injuries to road, - 212 
commencement and compieiion of 
road, - - - 212 
German Jienevolent Society of Gale- 
na, corporators, style and general 
powers of, - - - 213 
limitation of property, - - 213 
constitution and by-la^v3, - 213 
contracts, how executed, - 214 
use of personal elTects, - 214 
appropriation in case of disorgan- 
ization, - - - 214 
llockford Cemetery Association, cor- 
porators, style and general pow- 
ers of, - - - 220 
officers of, and their qualifica- 
tion, - - 220, 221 
elections and judges of election, - 221 
right of corporation to o\vi\ real 

estate, - - - 221 

sale of lots and application of pro- 
ceeds, - - - 221 
sale of old cemetery, - - 221 
seal and records, " - - 222 
right of property sold, how vested, 222 
plat to be made" and recorded, - 222 
directors for first year, - - 222 
Joliet and Terre Haute Railroad corn- 
pan} , corporators, style and gen- 
eral powers of, ' - - 223 
capital stock, - - 224 
directors and officers, - - 224 



PAGE. 

Corporations, special — 

Joliet and Terre Haute Railroad com- 
pany, right of way, - 224, 225 
penalty for injuries to road, - 225 
annual meeting of directors, - 225 
com'rs to receive subscriptions, - 225 
regulation and collection of tolls, 226 
additional stock allowed, - 226 
vacancies, how filled, - - 226 
proceedings 1o obtain right of way, 226 
intersections with other roads, - 227 
union with other roads, 227, 228 
power to borrow money, - 227 
width and route of road, - 227 
extension to Oiwego, - - 228 
Thebes, town of, style and general 

powers of,- - - 228 

boundaries, - . - 228 

corporate powers, how vested, - 229 
officers, their e.ection and qualifi- 
cations, - - - 229 
notice of town meetings, - 230 
clerk and other officers, how ap- 
pointed, - - - 230 
board of election, how constituted, 230 
special powers of corporation, - 231 
construction of side walks, - 231 
regulation of streets, - - 232 
proceedings on neglectto pay taxes, 232 
publication of ordinances, - 233 
redemption of real estate sold for 

taxes, - - - 233 

property and capitation tax, - 233 
additions to town, how made, - 233 
alteration of boundaries, 
first electiori, when held, 
acceptance of corporation, how 

determined, 
idlers and loafers To be arrested, - 
Cook County Drainage Commission- 
ers, corporators, style and gene- 
ral powers of, 
objects of corporation, - 
right of way, 
expenses, how asssessed, 
assessment to be a lien, 
collection of assessments, 
meetings of commissioners, 
duties of secretarv, 
vacancies in board, how filled, 
power to borrow money, 
repeal of part of former act 



234 
234 



235 



240 

- 240 

- 240 

- 241 

- 241 

- 241 

- 242 

- 242 

- 242 

- 242 

- 242 



City of La Salle, style and succession 

of, - - - 243 

boundaries of, - - 243 

division of, into wards, - 243 

additions to, - - 243 

city council, how constituted, - 243 
election and qualification of alder- 
men, - - 243,244 
mayor, his election and qualifica- 

cations, - - 244, 245 

elect ions and qualification of voters 245 
legislative powers of council, - 245 
246,247,248 
duties and jurisdiction of may- 
or, - - 248,249 



[X J 



INDEX. 



PAGE. 

Corporations, special — 

City of La Salle, private property, 

how appropriated, - - 249 

streets and street taxes, -250 

road and street labor, - - 250 

punishment of offenders, - 251 

statement of receipts and expendi- 
tures, - - - 251 
actions, how prosecuted, - - 251 
property, how to vest, - 251 
acts of town trustees to remain 

valid, - - -251 

promulgation of law, - - 251 

mayor ■pro tern., when appointed, 251 
power to execute writs, - 252 

election, when held, - - 252 

retail of liquors, - - 252 

Belvidere, town of, style and general 

powers of, - - 25:2 

boundaries, - - - 253 

corporate powers, how vested, - 253 
trustees, their election and qualifi- 
cation, - - - 253 
qualification of voters, - - 254 
otiicers and oaths of office, - 254 
power to borrow monev, . 254 
legislative powers of trustees, - 254 
255, 256 
ordinances to be published, - 250 
tune of regular meetings of trus- 
tees, - - .257 
assessment and collection of tax- 
es, - - 257,258 
redemption of real estate sold for 

taxes, - - - 259 

fees of officers, - - 259 

private property, how to be taken, 260 
streets and side walks, - - 261 

special taxes, how levied, - 261 

exclusive jurisdiction of trustees, 262 
punishment of offenders, - 262 

fees of corporation attorney, - 262 
jurisdiction of justices, - 262 

limit of fines, - - 262 

suits, how prosecuted, - - 262 

appeals allowed, - - 263 

jurisdiction of town constable, - 263 
public property, how to vest, - 263 
money, how appropriated, - 264 

statement of fiscal affairs, - 264 

fire department, - - 264 

witnesses and jurors, - -264 

first election of trustees, - 264 

repugnant acts repealed, -265 

limit of taxes, - - 265 

vacancies in board of trustees, how 
filled, - - - 265 

Campton Cemetery Association, cor- 
porators, style and powers of, - 267 
power to own real estate, - 267 

objects of, - - - 268 

power to lay out and sell lots, - 268 
appropriation of proceeds, - 268 

officers of corporation, - 268 

qualirication of voters, - 268 

rights of property, how vested, - 268 
meetings of association, - 268 



PAGE. 

Corporations, special — 

Campton Cemetery Association, in- 
dividual liability, - - JICS 

D. 

Daughters of Tempe.iance, Grand Union 
of, incorporated. See Corpor- 
ations, - - - 34 
Debt, public, proceeds of two mill tax 
to be applied to purchase of 
bonds, - - - 198 
Deeds, executed by trustees of Illinois 
and Micliigan canal, not requir- 
ed to be acknowledged, - 20O 
executed by auditor, of what 'o 

be evidence, - - 205 

to be made by auditor for forfeit- 
ed lands, - . . 205 
De Kalb, circuit courts in, - - 53 
Districts. See Congressional Districts, 13 
Drainage. See Swamp Lands, - 178 
Drainage Commissioners, See Cook 
County Drainage Commission- 
ers, - - - 240 



E. 



Edv/ards, terms of court in, - - 177 

county court of authorized to bor- 
row money, - - 22 
application of money borrowed, - 22 
tax for payment of, authorized, 22, 23 
Eifingham, terms of court in, - 177 
Election for members of congress, - 14 

F. 

Fayette Seminary, authorized to receive 

$200 from treasury of Fayette, 124 

Ferry, across Mississippi river in Jo Da- 
viess county, authorized, - 61 
Peoria and Oquawka Railroad 
company, authorized to con- 
struct over Mississippi and Illi- 
nois rivers, - - 194 
Burlington and Warren Plank 
road, authorized to establish 
across Mississippi river, - 220 
right to establish near the mouth 
of the Illinois, granted to La- 
_ Fayette McCrillis, - - 238 

Fevre river, city of Galena to have cer- 
tain jurisdiction over, - 79 

Fines, under general plank road law, may 
be recovered before justices of 
the peace, - - - 121 

Fire insurance. See Corporations, - 80 

Fire department in Waukegan, - 9 

Firemen's Benevolent Association in 

Chicago, - - - 65 

Fox River Valley railroad, charter of, - 29 
county of De Kalb authorized to 
loan money to, - - 64 

Free and Accepted Masons. See Mt. 

Nebo Lodge, - - 98 

Fulton, terms of court in, - - 123 



INDEX. 



[ xi] 



Galena, charter of, amended, - 77 

city council of , authorized to levy 

taxes, - - 77, 78 

public square of, - - 78 

mayor's court of, - - 79 

acts relating to, repealed, - 79 

jurisdiction of over Fevre river, - 79 
jurisdiction of marshal of, - 79 

mode of collecting taxes in, - 80 
power of council to make ordi- 
nances, - - - 80 
German Benevolent Society of, - 21.'^ 
Gallatin, terms of court in, - - 177 
act to create the new county of,- luO 
General Assembly, appropriations to pay 

expenses of special session of,- 173 
German Benevolent Society of Galena, - 213 
Governor, to issue bonds to Tuthill King, 63 
to apply proceeds of two mill tax 
in purchasing state bonds, - 199 
Grand Loilge. See Myron Lodge, - 49 
grand jury in Will, not to be sum- 
moned for December terms, - 106 
Grundy, terms of court in, - - 106 

county of, authorized to levy spe- 
cial tax to build bridge, - 171 

H. 

Hamilton, terms of court in, - - 177 

Harrisonville, town of incorporated. See 

Hermon, - - - 108 

Hartley, Wm. H., license to peddle gran- 
ted to, - - " - 122 

Hennepin, act of incorporation and 
amendatory acts consolidated. 
See Corporations, - - 131 

Henry, terms of court in, - - 239 

Hermon, town of, incorporated. See 

Hiirrisonville, - - 108 

Hillsboro' Academy, charter of, amend- i 

ed, - - - 97 1 

Hillsboro' Literary and Theological In- 1 

stitution, charter of, amended, 49 

Hospital of Mercy at Chicago. See 

Corporations, - - 53 

Hospitals for sick and disabled boatmen, 

general act for incorporation of, 20 
powers of, - - 20, 21 

directors and officers of, - 21 

property of, - - 21, 22 

Hydraulic improvements. See Illinois 

river, _ - _ 206 

Hydraulic Company of Chicago, act rel- 
ative to, amended, - - 12 



Illinois and Michigan Canal. See Canal. 

Illinois river, protection of Naples from 

the overtlow of, - - 93 

Illinois Central Railroad company, char- 
ter of, amended, - 130, 208 



Illinois Cejitral Railroad company, late- 
ral braacii of in Chicago, au- 
tiiorized, - - - 130 

evidence of organization of, - 130 
defects in organization cured, - 130 
tane for completion of part of, 
extended, - - - 208 

Illinois river, act for the improvement of, 

amended, - - - 206 

section 9 of former act amended, 206 
taxes for improvement of, - 2C6 

real estate taken to be paid for, - 206 
Illinois and Mississippi Telegraph com- 
pany, charier of, amended, - 4 
assessments on stuck, - - 4 

mode of assessments, - - 4 

manner of giving notices, - 4, 5 

stock, when to be forfeited, - 5 

proceedings to cancel stock, - 5 
jurisdiction of courts of chancery, 5 
evidence of non-payment, - 6 

manner of doing ousiness, - 6 

f lower of directors, - - 6 

ine to be separated into divi- 
sions, - - - 6 
liabilities to be separated, - 6 
mode of serving process, - 6 
penalty for injuries, - - 6 
copies of record to be evidence, - 7 
Illinois State University/, trustees of, - 49 
s(yle of corporation. - - 49 
to be located at Springfield, - 49 
departments of science, &.C., - 50 
faculty of theology, - - 50 
certificates of scholarship, - 50 
authority to confer degrees, - 50 
Incorporations. See Corporations. 
Insurance. See Corporations, 42, 80 
Insurance agents, in Chicago, to pay tax 
to Fireman's Benevolent Asso- 
ciation, - - - 68 
Internal improvements. See Right of 

Way, - - - 146 

Iroquois, terms of court in, - - 106 



See 



Jail, tax to build, in Scott county, 

Jasper, terms of court in, 

Jerseyville Buijding Association. 
Corporations, 

Jefl^erson, terms of court in, - 

Johnson, county of, authorized to bor- 
row money, 

Jo Daviess, county of, authorized to levy 
tax on ferry, - _ - 

Joint resolution of instruction relative 

to homestead bill, - - 269 

Joliet, city of, incorporated. See Cor- 
porations, - - - 
First Congregational Society of, 
name changed and acts legal- 
ized, - _ - 

Jonesboro, street and alley in, vacated, - 

Justices of the peace, jurisdiction of, ex- 
tended. 



62 
177 



62 



161 



267 
29 

- 121 



[ xii] 



INDEX. 



Kane, terms of court in, - - 53 

Kankakee river, tax for improvement of, 

authorized, - - 10 

Kendall, terms of court in, - - 207 

county of, authorized to borrow 

money, - - - 64 

Kiernan, Edward, license to peddle, 

granted to, - - 121 

King, Tuthill, bonds to be issued to, 63, 64 



Lacon, Wyoming and Toulon Plank 

Road compan}^, - - 125 

La Salle, terms of court in the county of, 207 
city of chartered. See Corpora- 
tions, - - - 242 
Lawrence, terms of coi;rt in, - - 96 
Lee, terms of court in, - - 239 
Licenses, to peddle goods, - - 121 
certain provisions of the Revi- 
sed Statutes relating to re- 
pealed, - - - 68 
Little Fort. See Waukegan, - - 8 
Liquidation tax in Galena, authorized, - 78 
Livingston, terms of court in, - 207 
Liquors, retail of, in Chicago and Peru, 

' prohibited, - - - 219 

retail of in La Salle, prohibited, - 252 
Loans, by railroad corporations, author- 

'ized, - - - 192 

Loans, special, authorized, 3, 8, 10, 12, 15, 

17, 22, 34, 41, 46, 61, 64, 109, 122, 

126, 145, 192, 195, 197, 203, 211, 

223, 227, 242, 254 

Lodge. See Myron Lodge, - - 49 

Lorton, Roderick R., license to peddle, 

granted to, - - 121 

Lutheran Church, Literary and Theologi- 
cal institution of, charter amen- 
ded, - - - 49 

M. 

Marfield, Henry, authorized lo keep a 

ferry, - - - 61 

Marshal of Galena, powers of, - 79 

Market house square in Galena, - 78 

Marshall, terms of court in the county of, 207 
Marion, terms of court in, - - 177 

Masons. See Temple Lodge, - 23 

Mason, time of holding courts in the 

county of, - - - 177 

Mayor's court in Galena, - - 79 

McCrillis, La Fayette, right to establish 

ferry, granted to, - - 238 

McDonough, terms of court in, - 177 

McHenry, terms of court in, - - 53 

Members of congress, election of, - 13 

Mercy Hospital, in Chicago, - - 53 

Mercy Orphan Asylum, in Chicago, - 53 
Mississippi and Rock River railroad, 

capital stock of, increased, - 51 



Mississippi and Rock River railroad, 

union of with other roads, - 51 

Mining and Transportation companies, 

formation of, authorized, - 135 

mode of incorporation, - 135 

general powers and management 

of, - - 136, 137 

right of, to hold real estate, - 138 

offices of, where kept, - - 139 

debts, amount of, limited, - 140 

Mississippi river, ferry across, in Jo Da- 
viess county, - - 61 

Momence Bridge company. See Cor- 
porations, - - - 24 

Money, power to borrow, 3, 10, 11, 12, 15, 17, 

22, 33, 41, 48, 61, 64, 88,95, 109,122, 

126, 145, 192, 195. 197,203,211,223, 

227, 242, 254 

Monmouth, city of, incorporated. See 

Corporations, - - 68 

Morris, bridge over the Illinois river at 

the town of, authorized, - 171 

Mortgage of Peoria and Oquawka rail- 
road authorized, - - 195 

Mount Nebo Lodge, No. 76. See Corpo- 
rations, - - - 98 

Mount Carroll Seminary. See Corpora- 
tions, - - - 18 

Mount Carroll Cemetery Association. 

See Corporations, - - 28 

Mutual Insurance. See Corporations, - 80 



Name, of Alton and Sangamon railroad 
changed to Chicago and Missis- 
sippi railroad, - - 47 
of Myron Lodge, changed, - 49 
of Joseph Lewis Breese, changed 
to Samusl Livingston Breese, - 17G 
Naples Protection Association. See 

Corporations, - - 93 

Nauvoo and Warsaw Railroad company, 

charter of, amended, - 88 

Northern Cross railroad, connection of, 

with roads leading to Chicago, 108 
charter of, amended, - - 3 

power given to borrow money, - 3 
autiiority to sell bonds, - 3 

power to execute mortgage. 3, 4 

Nonhern Indiana and Chicago railroad, 

power to coiistiuct, - - 14 



0. 



Ogle, terms of court in, - - 239 

Ohio and Mississippi Railroad company, 
authorized to borrow money 
and issue bonds, - - 122 

evidence of organization of, - 122 

obligation to carry mails, - 122 

power to increase stock, - 122 

Okaw Bottom Plank Road company, 
rates of toll to be received by, 
established, - - 212 



INDEX. 



[ ^iii ] 



Old Free Order. See Myron Lodge, - 49 

Oquawka, town of, authorized to sub- 
scribe to stock of certain cor- 
porations, - - - 89 
authorized to issue bonds, - 89 

Oquawka and Peoria Railroad company, 
authorized to receive bonds 
from city of Peoria, - - 9S 

Orphan Asylum. See Corporations, - 53 

Ottawa Northern Plank Road company, 

authorized to borrow money, - 8 
power to execute mortgage, - 8 

Ottawa, Oswego and Fox River Valley 

railroad. See Corporations, - 5G 

Overflowed lands. See Swamp Lands, - 178 

P. 

Paupers in Tazewell, residence of, - 113 
Peddling, license for, granted to certain 

persons, - - _ 121 

Pekin, city of, authorized to borrow 

money, - - - 41 

power of, to levy tax, - - 41 

power to appropriate penalties, - 41 

Penalty for injuring Momence bridge, - 25 

for injuring toll-bridge and plank 

road, - - - 91 

Peoria bridge, charter of, amended, - 46 

extension of, authorized, - 46 

Peoria, city of, authorized to issue 

bonds, - - - 98 

Peoria county, terms of court in, - 123 

Peoria and Oquawka Railroad compa- 
ny released from obligations to 
the state, - - - 103 

charter of, amended, - - 193 

increase of capital stock of, - 193 

former acts of, legalized, - 193 

location of road, - - 193 

location of branch, - - 193 

right of way over state lands, - 193 
ferries across Mississippi and Il- 
linois rivers, - - 194 
improvement of landings, - 194 
penalty for injury to ferries, - 194 
extension to Indiana line, - 194 
power to borrow money, - 195 
sale of bonds authorized, - 195 
power to mortgage road and pro- 
perty, - . . 195 
Peru, licenses to retail liquor in, pro- 
hibited, - - - 219 
Pike, terms of court in,, - - 177 
Plank roads, fines and penalties for inju- 
ries to, how recovered, - 121 
general act relative to, amended, - 124 
construction of, over creek and 
river bottoms less than two 
miles in width, - - 125 
counties allowed to take stock in, 125 
Ottawa Northern, charter of, 

amended, - - - 8 

Canton and Liverpool, stock of, 
increased, - - - 11 



Plank road, Alton and Jersey ville, incor- 
porated, - - - 15 
subscription to stock of, near 

Oquawka, authorized, - 89 

from Thebes to North Caledonia, 91 
Princeton and West Hennepin, - 100 
Carlinville and Chesterfield, - 103 
Shawneetown and Equality, - 110 
Lacoii, Wyoming and Toulon, - 125 
Rock Island and Camden, acts of, 

legalized, - - - 196 

St. Charles and Warrenville, stock 
of, increased, - - 199 

Prairie du Rocher, act relative to the 

commons of, amended, - 98 

Presbyterian church. See Corporations, 25 
Princeton and West Hennepin Plank 
Road company. See Corpora- 
tions, - _ _ 100 
Public roads. See Roads. 
Public debt, proceeds of two mill tax to 
be applied to the purchase of 
evidences of, - - 198 
Putnam, terms of court in, - - 207 

a. 

Quincy, county treasurer of Adams to 

assess property in, - - 236 

mode of appraisement, - - 236 

sheriff" to be ex officio collector, - 236 
revenue acts to be in force, - 236 

vacancy in office of sheriff or 

treasurer, how created, - 237 

former services of city collector, 

how paid for, - - 237 

judgment for delinquent taxes, - 237 
intention of act, - - 237 

city marshal and sureties to file 

acceptance, - - 237 

annual payment to Adams county, 238 

R. 

Railroad, charter of Northern Cross, 

amended, - - 3^ 108 

Northern Indiana and Chicago, 
construction of, authorized, - 14 

Fox River Valley, chartered, - 29 

Central Military Tract, charter 
of, amended, - - 36 

Mississippi and Rock River Junc- 
tion, charter of, amended, - 51 

Ottawa, Oswego and Fox River 
Valley, chartered, - - 56 

Nauvoo and Warsaw, charter of, 
amended, - - - 88 

Peoria and Oquawka, relieved, - 103 

Belleville and Illinoistown, char- 
tered, - - - 114 

Ohio and Mississippi, charter of, 
amended, - - - 122 

Union, construction of, author- 
ized, - - - 129 

Illinois Central, charter of, amen- 
ded, - - 130,208 



[ XIV ] 



INDEX. 



TAGi:. ! 



Railroad, Springfield and Terre Haute, 

charteiod, - - - 140 

Chicago and Rock island, char- 
ier of, amended, - - 1-lG 
Aurora Branch, charter of, amen- 
ded, - - - 170 
Wabash Valley, chartered, - 187 
Peoria arid Oqiiawka, charter of, 

amended, - - - 193 

Southern Illinois, ciiartered, - 200 
Northern Iliiuois, chartered, - 208 J 
Joliet and Terre Haute, chartered, 223 | 
Railroad corporations, power of, to in- ! 

crease capital stock, - 190 

power of, to borrow money. - 192 j 
Randolph, county of, authorized to bor- 
row money, - - 109 ' 
objects of loan, - - 109 
Relief to the Peoria and Oquawka Rail- j 

road company. - - 103 

Release to the Peoria and Oquawka Rail- 
road company, - - 103 
Repeal, of acts relating to Galena, - 79 
of part of act to dispose of public 

property in Vandalia, - 124 

of acts relating to Hennepin, - 135 
of part of act relating fo improve- 
ment of Illinois river, - 206 
Representatives to congress, - - 13 
Resolution of instruction in fa\or of 

the homestead bill, - - 269 

Revenue, chapter 89, section 3, relative 

to, amended, - - 205 

Auditor's deeds, what to be evidence of, 205 
duty of auditor to execute deeds 

for forfeited lands, - -205 

in the city of Quincy, assessment 
and collection of, " - - 236 

Revised Statutes, pai-t of chapter 64 re- 
pealed, - - - 68 
application of chapter 8, sections 

14, 15 and 16, - - 113 

chapter 93, entitled "Roads," 

amended, - - - 176 

chapter 89, Sec. 3, amended, - 205 

application of part of chapter 42, 238 

Richland, terms of court in, - - 96 

Right of way, act relating to, - 146 

proceedings to obtain, 146, 147, 148, 

149, 150, 151, 152 

River Board. See Illinois River, - 206 

Road, from Union to Genoa, established, 90 

from La Salle to Grand de Tour, 

to be relocated, - - 204 

from Ottawa to Wisconsin line, to 

be relocated, - - 204 

in Pike county, to be relocated, - 214 
from Payson to Quincy, declared 
and established, - - 266 

Roads, ohstruction of, how punished, - 176 
proceedings to recover penalties 
for obstruction of, - - 176 

Rock Island, terms of court in the county 

of, - - - 239 

city of, authorized to levy and 
collect special tax, - - 7 



Rock river, act for improvement of the 
rapids of, re-enacted, 
provision for a bridge across, at 
Rockford, - 
Rock River Mutual Fire Insurance com 

])any. See Corpoiations, 
Rock Island and Camden Plank Road 
compan}', former acts of, legal- 
ized, 
bridge across Rock river to be 

conveyed to, 
exiension of branch road, 
increase of capital stock, 
power to sue, 
power to borrow money, 
damages to be paid by company, 
draw-bridge not requited, 
Rockford, Cemetery Association of. See 
Corporations, 
city of, authorized to borrow 

money, 
power to issue bonds, - 
apjdication of funds borrowed, - 
Rov.'land, David, acknowledgments ta- 
ken by, to be valid, - 
Rule of assessing taxes. 



Saline county. See Gallatin, - 106 

terms of court m, - - 177 

Schools, proceeds of swamp lands ap- 

' plied to, - - - 178 

School tax in Galena, - - 78 

School leases of Prairie du Rocher, - 98 

School fund of Prairie du Rocher ari- 
sing from leases, to be loaned,- 98 

Schuyler, terms of court in, - - 177 

Scott, county court of, to levy special 

tax, - - ^ . 15 

Secretary of state, to furnish clerks 
with copies of act relating to 
4th circuit, - " - 96 

to furnish copies of act relating 
to 6th circuit, - - 239 

Shawneetown and Equality Plank Road 

company. See Corporations, - 110 

SherifT of Adams, to be ex oljicio collect- 
or of Quincy, - - 236 

Side walks in Waukegan, - - 9 

Southern Illinois Railroad. See Corpo- 
rations, - - 200 

Special tax. See Tax. 

Spoon River Navigation company, au- 
thorized to borrow money, - 223 
power to give lien on property, - 223 

Springfield and Terre Haute railroad. 

See Corporations, - 140 

State road. See Road, 90, 204, 214, 266 

State University. See Illinois State Uni- 
versity, - - - 49 

State property, transfer of, in Whiteside 

county, - - - 90 

State indebtedness, proceeds of two mill 
tax to be used to purchase evi- 
dences of, - - - 198 



INDEX. 



[ XV ] 



State bonds, to bo pnrchnaed with pro 

ceeds of two mill tax, - 198 

St. George's Society. See Corporations, 55 
St. Charles and Warrenville Piank road, 

stock of, increased, - • 1'.'9 

incorporation of, legalized, - I'J'J 

Stock, of Canton and Liverpool Plank 

Road company, increa.-sed, - 11 
of Peoria and Oquawka railroad, 
city of Peoria authorized to is- 
siue bonds for, - - ^S 

of railroad corporations, may be 

increased, . - - lUO 

of Kock Island and Camden Plank 
lload company, may be increas 
ed, - - - 1% 

of a*. Charles and Vv'arrenviUe 
Piank Road company, increas- 
ed, - - - n^y 

Street tax m Galena, - - 78 

Streets and alleys in Jonesboro' vacated. 29 
Style of Alton and Sangamon railroud 

chan^^ed, - - - 57 
Supervisors of Cook, authorized to bor- 
row money, - - 11 
to levy tax, - - - 12 
Swamp and overflowed laml, act re]ati\« 

to, - - 178 

grant of, to counties, - - 178 

auditor to furnish abstracts of, - 179 

caie of vested in county courts, - 179 

drainage commissioners, - 179 

county surveyors to make plats of, 180 

sale cf, ■ - - 180 

terms of sale, - - 181 

order of sale, - - 181 

payments for, - - 181 

entries of sale and deeds, - 181 

drainage of, - - - 181 
reports of surveyors on conditicn 

of, - - - 182 
lettings of drainage jobs, - 182 
contractors to give bonds, - 182 
divisions of drainage, - - 182 
limits of sales of, - - 182 
private sales of, - . 182 
compensation of surveyors, - 182 
auditor 1o issue warrants for com- 
pensation of surveyors, &c., - 1S3 
affidavit of surveyors and assis- 
tants, - . . 183 
pre-emptions on, - - 185 
county courts, when to act in re- 
lation to, - - . 185 
fees of judges, clerks and survey- 
ors, - - .18(5 
penalty for trespass on, - 186 



Tax. See Two Mill Tax, - 19S 

Tax, special, city of Rock Island author- 
ized to levy, - .7 
to sustain fire department in Wai:- 
kegan, - . .9 



Tax, special, to complete improvement 

of Kankakee nver, - 10 

in Cook county, to pay interest, - 12 
to build jail and pay debt in Scott 

county, • . - 15 

to build court house in Edwards 

county, - - -22 

for revenue purposes in Pekin, - 41 
city of Galena authorized lo levy, 77-8 
county of Johnson, authorized to 

levy, - - . 88 

town of Oquawka, authorized to 
^ievy, - - . sy 

Naples Protection Association, 

auShorized to levy, - - 94 

county of Randolph, authorized to 

ie\y, - - - icy 

county of Grundy, authorized to 
levy, to build bridge over Illi- 
nois river at Morris, - 171 
Taxation on lands intersected by ptiblic 
works to be levied with refer- 
ence to iuss thereby occasioned, 205 
Tazewell, charges for maintaining pau- 
pers in, regulated, - 
Telegraphs, act relative to. 
Temple Lodge of Free and Accepted 

Masons. See Corporations, 
Temperance, daughters of. See Corpo- 
ral ioiis, - - - 
Theological. See Virginia Seminar^', - 
Toll-bndge. See Corporations, 
Tolls, on Alton and Jerseyville Plank 
road, - - - 
for crossing Momence bridge, 
on Okaw Bottom Plank road. 
Transportation companies. See Slining 

and Transportation companies, 135 
act for the incorporation of, - 215 
mode of incorporation, - 215 

powers of, - - - 215 

officers of, and their election, 
business, how transacted, 
objects of, - 
construction of boats, - 
carrying combustible materials 

prohibited, - - 218 

racing prohibited, - - 218 

penalty for violation of law, - 218 

issue of bills to circulaie as money 

prohibited, - - 219 

Xrov ^own of, in Will county, estab- 

^ lished, - - - 207 

Trustees of Hillsboro' Academy, how- 
elected, - ■ - 97 
Two mill tax, proceeds of, to be applied 
to the purchase of state indebt- 
edness - - . 198 
auditor to issue warrants, - 198 
iiivcS'niCnts of, to be periodically 

PC ot.nted for, - - 198 

power of governor to apply, - 199 
duplicate statements to be made, IW 



113 

4 

23 

34 
27 
91 

IG 

25 

212 



IC 
21(5 
216 
217 



[ xvi ] 



INDEX. 



U. 



Union of Daughters of Temperance, 
Union Railroad company, authority 
granted to, for construction of 
road, 
acts of organization, legalized, - 
power to extend, granted, 
right of, to acquire property. 



Virginia Seminary of the Cumberland 
Presbyterian Church. See Cor- 
porations, - - - 



34 



129 
129 
129 
130 



25 



w. 

Wabash Valley railroad. See Corpora- 
rations, - - - 187 



Wabash county, terms of court in, 
Warsaw and Rockford railroad, time for 

completion of, extended, 
Waukegan, cnarter of amended. 
Way. See Right of Way, - 
Wayne, terms of court in, 
Whitmore, Jacob, license to peddle 

granted to. 
White, terms of court in^ 
Whiteside, terms of court in, - 
Wilmington, town of, taxed, - 
Will, terms of court in, 

circuit court of, to be always open 

for chancery business, 
Winnebago County Agricultural Society. 

bee Corporations, 
Woodstock, town of, incorporated. See 

Corporations, 



177 



8,9 
146 
177 

121 
177 
239 
10 
106 

106 

52 

154