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Full text of "Laws of the State of Illinois"

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DOCUMENTS COLLECTION 
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SHELVED IN LAW COLLECTION 



WESTERN ILLINOIS UNIVERSITY LIBRARY 




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LAWS 



7 



OF THE 



STATE OF ILLINOIS, 



PASSED BT THE 



EIGHTEENTH GENERAL ASSEMBLY 



AT ITS 



SECOND SESSION. 



COMMENCING FEBRUARY 9, 1854, 



SPRINGFIELD: 

LANPHIER & WALKER, PRINTERS: 

1854. 



GEIERAL LAWS. 



AN ACT to apportion the senators and representatives in this state in thei„fjrce Peij. 
General Agsenibly. 1854. 

Section 1. Be it enacted by the people of the state of 
lUinoiSy represented in the General ^^ssembly, That until 
the next census and apportionment, as provided by the con- 
stitution, the state shall be divided into senatorial and 
representative districts as follows, viz : 

1st. The county of Cook shall constitute the first sena-t^f'k- 
torial district, and be entitled to one senator. 

2d. Tlie counties of Lake and McHenry shall constitute Lake, &c. 
the second senatorial district, and be entitled to one sen- 
ator. 

3d. The counties of Boone, Winnebago, Ogle and Car-Bo<5ue,&c. 
roll shall constitute the third senatorial district, and be 
entitled to one senator. 

4th. The counties of Jo Daviess and Stephenson shall Jo Daviess, ^c. 
constitute the fourth senatorial district, and be entitled to 
one senator. 

5th. The counties of Kane, De Kalb, Lee and White- ^""'^'^"^ 
side shall constitute the fifth senatorial district, and be 
entitled to one senator. 

6th. The counties of Will, Du Page, Kendall, Iroquois win, &«. 
and Kankakee shall constitute the sixth senatorial district, 
and be entitled to one senator. 

7th. The counties of La Salle, Grundy, Livingston and i.a saiie, &e. 
Bureau shall constitute the seventh senatorial district, and 
be entitled to one senator 

8th. The counties of Peoria, Marshall, Putnam and peoria, &c. 
Woodford shall constitute the eighth senatorial district, 
and be entitled to one senator. 

9th. The counties of Knox, Warren, Mercer, Rock Knox, &c. 
Island, Henry and Stark shall constitute the ninth senato- 
rial district, and be entitled to one senator. 



1854. 



Fulton, &c. 



Scliujior. &c. 



Adntn'i, &c. 



Pike, &.C. 



trreene, cue. 



Sangamon^ &c, 



fljampaign, &c 



Termilioii, Stc. 



Glark, &o. 



Jefferson, &c. 



Monroe, &c. 



Williamson, &.c. 



»ndolph, &c 



Alexander, he. 



10th. The counties of Fulton and McDonough shall cor 
stitute the tenth senatorial district, and be entitled to oii 
senator. 

11th, The counties of Schuyler, Henderson and Hai 
cock shall constitute the eleventh senatorial district an 
be entitled to one senator. ' 

12th. The counties of Adams and Brown shall const 
tute the twelfth senatorial district, and be entitled to or 
senator. 

13th. The counties of Pike, .Calhoun and Scott sha 
constitute the thirteenth senatorial district, and be entitle 
to one senator. 

14th. Tiie counties of Greene, Macoupin and Jerse 
shall constitute the fourteenth senatorial district and 
entitled to one senator. ' 

15th. The counties of Sangamon and Morgan shall cor 
stitute the fifteenth senatorial district, and be entitled t 
one senator. 

16tli. The counties of Champaign, De Witt Piat 
Macon, Moultrie, Christian, Shelby and McLean sha 
constitute the sixteenth senatorial district, and be entitle 
to one senator. 

17th. The counties of Cass, Menard, Logan, Mason an 
iazewei shall constitute the seventeenth senatorial dij 
tnct, and be entitled to one senator. 

18th The counties of Vermilion, Coles, CumberlaJ 
and Ldgar shall constitute the eighteenth senatorial di3 
tnct, and be entitled to one senator. i 

19th. The counties of Clark, Fayette, Effingham, Ja& 
per, Lawrence and Crawford shall constitute the nin( 
^"^ on . '^i^f^^"^^ district, and be entitled to one senate 
W K ; AT .^°'^"^ies of Jefferson, Wayne, Edwards 
Wabash, Marion, Clay and Richland shall constitute th' 
twentieth senatorial district, and be entitled to one senator' 
2^ist. Ihe counties of Madison, Bond and Mont^omer 
shall constitute the twenty-first senatorial district, and b 
entitled to one senator. 

22d The counties of Monroe and St. Clair shall consti 
tute the twenty-second senatorial district, and be entitle 
to one senator. 

23d. The counties of Williamson, Saline, White, Ham 
ilton and Franklin shall constitute the twenty-third sena 
tonal distnct, and be entitled to one senator. 

24th. The counties of Pvandolph, Washington, Clinton 
I'erry and Jackson shall constitute the twenty-fourth sena 

aj , iV'^^'' ^""^ ^^ entitled to one senator. 

25th. The counties of Alexander, Union, Johnsor 
Pulaski, Massac Pope, Hardin an^ Gallatin shall consti 
tute the twenty-fifth senatorial district, and be entitled t' 
one senator. 



I 



ft 



n 



° 1854. 

§ 2. The state shall be divided into representative dis- uepresemauvcs. 
tricts as tollows : 

1st. The counties of Alexander, Pulaski and Union shall Alexander, &.. 
constitute the first representative district, and be entitled 
to one representative. 

2d. The counties of Pope, Hardin and Massac shall Pope, &c. 
■constitute the second representative district, and be enti- 
tled to one representative. 

3d. The counties of Williamson and Johnson shall con- wuiiamson, &c 
stitute the third representative district, and be entitled to 
one representative. 

. 4th. The counties of Gallatin and Saline shall consti- Gaiiatm, &c. 
tute the fourth representative district, and be entitled to 
one representative. 

5th. The counties of Franklin and Jackson shall consti- Frankun, &c 
itute the fifth representative district, and be entitled to one 
representative. 

6th. The county of Randolph shall constitute the sixth Randolph. &c 
representative district, and be entitled to one representa- 
tive. ^ 

7th. The counties of Wasliington and Perry shall con- Washington. ^o 
Jtitute the seventh representative district, and be entitled 
to one representative. 

8th. The counties of Jefferson, Marion and Hamilton jetre-son 6.c 
3hall constitute the eighth representative district, and be'''''^''°"'''" 
entitled to tv^^o representatives. 

9th,_ The counties of Wabash and White shall constitute wabash &c 
;he ninth representative district, and be entitled to one 
'epresentative. 

10th. The counties of Wayne and Edwards shall con- way,ie,«-c. 
titute the tenth representative district, and be entitled to * 
me representative. 

nth. The county of Monroe shall constitute thcMouroe. 
■leventh representative district, and be entitled to one 
epresentative. 

12th. The county of St. Clair shall constitute the twelfth st.ciair 
epresentative district, and be entitled to two represen- 
atives. 

13th. The counties of Clinton and Bond shall constitute ciinton, &t. 
he thirteenth representative district, and be entitled to 
ne representative. 

14th, The county of Madison shall constitute the four-,, ,. 
eenth representative district, and be entitled to two rep- 
ssentatives. 

15th The counties of Fayette and Effingham shall con- pav.tto, &. 
-.itute the hfteenth representative district, and be entitled 
) one representative. 

16th. The counties of Clay, Richland and Jasper shall ciay, 4c. 
onstitute the sixteenth representative district^ and be 
otitled to one representative. 



1854. 



Cuini>erlaii(ij.&.c. 



jlac&upin. 



Lawrence, &c, 17th. The counties of Lawrence and Crawford shall 
constitute the seventeentii representative district,, and be 
entitled to one representative. 
Clark. 18th. The county of Clark shall constitute the 

eighteenth representative district, and shall be entitled 
to one representative. 

19th. The counties of Cumberland and Shelby shall con- 
stitute the nineteenth representative district, and be enti- 
tled to one representative. 
Montgomery &c 20th. The couutics of Montgomery and Christian shall 
constitute the twentieth representative district, and be 
entitled to one representative. 

21st. The county of Macoupin shall constitute the 
twenty-first representative district, and be entitled to one 
representative. 

22d. The counties of Jersey and Calhoun shall consti- 
tute the twenty-second representative district, and be 
entitled to one representative. 

23d. The county of Greene shall constitute the twenty- 
third representative district, and be entitled to one repre- 
sentative. 

24th. The county of Edgar shall constitute the twenty- 
fourth representative district, and be entitled to one repre- 
sentative. 

25th. The counties of Coles and Moultrie shall consti- 
tute the twenty-fifth representative district, and be entitled 
to one representative. 

26th. The county of Sangamon shall constitute the 
twenty-sixth representative district, and be entitled to two 
representatives. 

27th. The counties of Morgan and Scott shall consti- 
tute the twenty-seventh representative dist; ict, and b© 
entitled to two representatives. 

28th. The counties of Pike and Brown shall constitute 
the twenty-eighth representative district, and 'e entitled 
to two representatives. 

29th. The county of Adams shall constitute the twenty- 
ninth representative district, and be entitled to two repre- 
sentatives. 

30th. The county of Schuyler shall constitute the thir- 
tieth representative district, and be entitled to one repre 
sentative. 

31st. The county of Hancock shall constitute the thirty 
first representative district, and be entitled to one repre- 
sentative. 

32d. The county of McDonough shall constitute the 
thirty-second representative district, and be entitled to 
one representative. 



©reene. 



iCdgai'. 



Cules^ &.C. 



SaugBCiCn. 



iltilgSlljifec. 



Ssbuylc?. 



StDonough. 



7 1854. 

33d. The county of Fulton shall constitute the thirty- Fuiton. 
third representative district, and be entitled to two repre- 
sentatives. 

34th. The counties of Cass and Menard shall constitute cass, &C. 
the thirty-fourth representative district, and be entitled to 
one representative. 

35th. The counties of Mason and Logan shall constitute Mason, &c. 
the thirty-fifth representative district, and be entitled to 
one representative. 

36th. The counties of Macon, De Witt, Piatt and Cham- uaoon,&«. 
paign shall constitute the thirty-sixth representative dis- 
trict, and be entitled to one representative. 

37th. The county of Vermilion shall constitute the vermiii«». 
thirty-seventh representative district, and be entitled to 
one representative. 

38th. The county of McLean shall constitute the thirty- jjcLg^,,. 
eighth representative district, and be entitled to one rep- 
resentative. 

39th. The county of Tazewell shall constitute the thirty- Tweweiu 
ninth representative district, and be entitled to one repre- 
sentative. 

40th. The counties of Henderson and Warren shall HsndtrBon, k.- 
constitute the fortieth representative district, and be enti- 
tled to one representative. 

41st. The counties of Peoria and Stark shall constitute Peoiia,&c. 
the forty-first representative district, and be entitled to 
two representatives. 

42d. The counties of Marshall, Woodford and Putnam M»rBhaii, &c. 
ihall constitute the forty-second representative district, 
and be entitled to one representative. 

43d. The counties of La Salle, Livingston and Grundy La saiie, &«. 
gliall constitute the forty-third representative district, and 
be entitled to two representatives. 

44th. The county of Kendall shall constitute the forty- Keiuiaii. 
fourth representative district, and be entitled to one rep- 
resentative. 

45th. The counties of Iroquois, Will, Du Page and iro^wi*. 
Kankakee shall constitute the forty-fifth representative 
district, and be entitled to three representatives. 

46th. The counties of Kane and De Kalb shall consti- k»iic, &.c. 
tute the forty-sixth representative district, and be entitled 
to two representatives. 

47th. The county of Bureau shall constitute the forty- Boreas, 
sreventh representative district, and be entitled to one rep- 
resentative. 

48th. The counties of Mercer, Henry and Rock Island iier«r, &.c. 
i shall constitute the forty-eighth representative district, 
and be entitled to one representative. 



1854. 



8 



J.ee, ko. 



Ogle. 



IflftTt'Oll, &C. 



Steph«5sou. 



Winnotoaco, 



!S<ionef &c. 



South 
&.r. 



Weet 



Chlcxgo 



CHilCAgo 



(t-^uTWMlng votu 



49th. The counties of Lee and Whiteside shall consti- 
tute the forty-ninth representative district, and be entitled 
to one representative. 

50th. The county of Ogle shall constitute the fiftieth 
representative district, and be entitled to one representa- 
tive. 

51st. The counties of Carroll and Jo Daviess shall con- 
stitute the fifty-first representative district, and be entitled 
to two representatives. 

52d. The c ^unty of Stephenson shall constitute the 
fifty-second representative district, and be entitled to one 
representative. 

53d. The county of Winnebago shall constitute the fifty- 
third representative district, and be entitled to one repre- 
sentative. 

11 54th. The counties of Boone and McHenry shall con- 
stitute the fifty- fourth representative district, and be ^enti- 
tled to two representatives. 

55th. The county of Lake shall constitute the fifty-fifth 
representative district, and be entitled to one represen- 
tative. 

56th. The towns of South Chicago, Lyons, Lake, La- 
'monte, Palos, Worth, Orland, Bremen, Thornton, Rich and 
Bloom, in the county of Cook, shall constitute the fifty-sixth 
representative district, and be entitled to two representa- 
tives. 

57th. The towns of West Chicago, North Chicago, Jef- 
ferson, Leyden, Ridgeville, Niles, Main, Elk Grove, Shaura- 
burg, Hanover, Northfield, Wheeling, Palatine, Barring- 
ton, Proviso and New Trier, in the county of Cook, shall 
constitute the fifty-seventh representative district, and be 
entitled to two representatives. 

58th. The county of Knox shall constitute the fifty- 
eighth representative district, and be entitled to one rep- 
resentative. 

Until the general assembly shall otherwise provide, the 
clerks of the county courts in each of the aforesaid sena- 
torial districts, and in such representative districts as may 
be composed of more than one county, shall meet at the 
county seat of the county in said district which had the 
largest population by the census of 1850, within thirty 
days next and after any election for senator or represen- 
tative tlierein, for the purpose of comparing and canvass- 
ing the votes given at such election, and said clerks shall 
in all other respects conform to all the laws ^n the subject 
now in force. 

Approved February 27, 1854. 



9 1854. 

AN ACT to enable railroad companies and plank road companies to con- I" force Feb. 28» 
solidate their stock. *' 

Section 1. Be if enacted by the people of the state of 
Rlinois, represented in the General Jissembly, That all 
railroad companies and plank road companies now organ- Power«. 
izedj or hereafter to be organized, which now have or hereaf- 
ter may have tiieir termini fixed by law, wiienever their said 
road or roads intersect by continuous lines, be and the 
same are hereby authorized and empowered to consolidate 
their property and stock with each other, and to consoli- 
date with companies out of this state, whenever their lines 
connect with the lines of such companies out of this state. 

§ 2. Such consolidation may take place whenever the cousoUdatioM, 
said companies shall respectively agree upon the terms and 
conditions of the same; and tlie said companies when so 
consolidated shall be authorized to agree upon the name 
or names ofsucli consolidated company, and by such name 
or names the said consolidated company shall be a body 
corporate and politic, shall have a common seal or seals, 
and by such name or names shall be respectively contract- 
ed with and make contracts, shall sue and be sued, implead 
and be impleaded with, and shall have all the powers, fran- 
chises and immunities which the said respective compa- 
nies shall have, by virtue of their respective charters, be- 
fore such consolidation passed within the state of Illinois : 
Provided, that each consolidated company shall file for 
record, in the office of the secretary of state, ajcopy of their 
said articles of consolidation, evidenced by the signature 
of the presiding officer of each of the said companies, and 
the corporate seal thereof. 

§ 3. The corporation or corporations formed by virtue ctpitai st««i£. 
of the provisions of this act shall have power to increase 
their capital stock to any amount required by resolution of 
their respective boards of directors, not exceeding the 
amount of the cost of the roads and works constructed and 
equipped by them, to borrow money and fix the rate of in- 
terest therefor, to issue bonds and the same to sell at such 
price as they may deem expedient, such sales being hereby 
authorized and confirmed, and to make any other contracts 
authorized by the by-laws of the said corporation or cor- 
porations, within the purview of their said charters. 

§ 4. Such corporation or corporations, when so formed, po^er to connoi- 
shall have the same power to consolidate with other com- ''^»'*^- 
panics when their lines connect, upon such terms as may 
be agreed upon by them respectively. 

§ 5. No company in this state shall be authorized un- 
der the provisions of this act to consolidate with any com- 
pany beyond the limits of the state, until the. termini of 



1864. 



10 



Plank road not to 
consolidate with 
railroads. 



Proviao. 



1 FVMIUgS, &.C. 



such company in this state shall first have been fixed by 
the laws of this state at the boundary line thereof. 

§ 6. This act shall not be so construed as to authorize 
any plank road not having power to build a railroad to 
consolidate witli any railroad so as to lay a railroad upon 
any plank road track, until the termini of such railroad 
shall have been expressly fixed by law, nor shall any plank 
road so consolidate wiih any railroad unless authorized by 
law to lay a railroad track. 

§ 7- All proceedings for the purpose of consolidation 
as above provided shall be fixed and regulated by the by- 
laws of the respective companies desiring such consolida- 
tion : Provided,^ that such consolidation shall not take place 
until the terms of such consolidation shall have been ap- 
proved by a majority of the stockholders in interest, in per- 
son or by proxy, at an annual or called meeting, of which 
due notice shall be given, by publication or in writing, to 
all stockholders interested, or the same be approved by 
the written consent of a majority of stockholders in inter- 
est, filed in the office of their company. 

§ 8. When it shall be necessary for the construction of 
any railroad to cross the track of any other railroad, stream 
of water, water course, road or highway, which it may in- 
tersect or cross by reason of such extension, into or through 
any adjoining state, or by reason of its consolidation with 
any other road or roads, company or companies, as provi- 
ded in this act, it shall be lawful for said company to con- 
struct their road across or over the same by such track or 
tracks, bridge or bridges, viaduct or viaducts, as may be 
necessary to the convenience of the extension or consoli- 
dation of said road : Provided^ said company shall restore 
the railroad, stream of water, water course, road or high- 
way thus intersected or crossed to its former state, or in a 
sufficient manner not materially to interfere with its useful- 
ness. 

§ 9. This act shall take efi'ect from and after its pas- 
sage. 

Approved February 28, 1854. 



In force March 1, AN ACT to amend the several acts passed at the last regular session of th« 
1854. Genera! Assembly in regard to the location of state roads. 



Section 1. Be it enacted by the people of the state of 

Illinois^ represented in the General Assembly^ That in all 

eonimiasioners' cascs where Commissioners were appointed to locate state 

Juttes. roads, by acts passed during the last session of the gen- 



11 1854. 

eral assembly, and said commissioners have, from any cause 
whatever, failed to perform the duties required of them, 
they are hereby authorized to perform the said duties at any 
time previous to the twenty-fiftii day of December next. 

§ 2. That in all cases where commissioners have been Appoint commu- 
appointed at the last session of the legislature to review ^'°"®^** 
and locate state roads, and any or all of said commis- 
sioners may have removed, died, or refuses to act, then 
tlie county court or board of supervisors of the county in 
which said commissioners were required to be sworn, may 
appoint commissioners to fill said vacancies, and said com- 
missioners shall have power to perform all the duties by 
the acts to which this is an amendment. 

§ 3. This act to take effect and be iji force from and 
after the passage thereof. 

Approved March 1, 1854. 



AN ACT to facilitate the construction of railroads. Inforce March l, 

1864. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented vi the General %dssembly^ That any 
city or county in this state which, under the provisions of^'^f^ of citi«i 

•' -114 11 -IT ^^^ counties. 

an act entitled "An act supplemental to an act entitled 'an 
act to provide for a general system of railroad incorpora- 
tions,' approved November 5th, 1849," has heretofore sub- 
scribed, or may hereafter subscribe fur stock in any rail- 
road company, payable in the bonds of said city or county, 
it shall be lawful for the city council of such city, or the 
judges of such couny, and they are hreby authorized and 
empowered, to issue and deliver to such railroad company 
the whole or any portion of the bonds of such city or coun- 
ty, payable on such subscription, at any time hereafter, 
when in their opinion the interest of such city or county 
will be promoted thereby, whether the assessments upon 
the stockholders of said company have been regularly as- 
sessed and made payable or not. 
g § 2. That this act shall take effect and be in force from 
and after its passage. 

Approved March 1st, 1854. 



AN ACT for the betler gorernment of towns and cities, and to amend the in force F»b. 27, 
charters thereof. 1854. 

Section 1. Be U enacted hy the people of the state of 
Illinois, represented in the General Jissembly, That there ii»f«rt«r eowto. 
shall be established in each of the cities of this state infe- 



1854. 



12 



Wimiberof luag- 
S.otrates. 



Commissioned 



rior courts of civil and criminal jurisdiction, which shall 
[bej called police magistrates' courts. 

§ 2. That there shall be elected in each of the incor- 
porated towns and cities of this state, the population of 
which shall not exceed six thousand, an officer who shall 

be styled police magistrate of the city of , or town 

of — , as the case may be ; in each city of this state 

having a population of over six thousand and not exceeding 
twelve thousand there shall be elected two police magis- 
trates, and in the cities of this state whose population shall 
exceed twelve thousand there shall be elected three police 
magistrates. Said magistrates shall be elected by the legal 
voters of such city or town at the next regular election for 
city or town officers, and every four years thereafter. 

§ 3. Said police magistrates when elected shall be 
commissioned and qualified in the same manner as justices 
of the peace are, and shall have in their respective coun- 
ties the same-jurisdiction, powers and emoluments as other 
justices of the peace in this state ; and they shall also have 
jurisdiction in all cases arising under the ordinances of 
their respective towns and cities, and for any breachef 
thereof, where the amount claimed shall not exceed one 
hundred dollars, and in all cases arising under the ordi- 
nances of towns and cities said magistrates shall be entitled 
to the same fees as justices of the peace now are for similar 

rrwiso. services, and to be collected in the same manner : Provi- 

ded, the city or town autliorities of any such town or city 
may make such additional allowance to such police mag- 
istrates as they may deem just and expedient ; and in all 
cases arising under the ordinances of any such town or 
city, change of venue shall be allowed from one police 
magistrate to another, in cities where there is more than 
one such magistrate, and in all other towns and cities 
from such police magistrate to the nearest justice of 
the peace, to be applied for in the same manner and grant- 
ed on the same conditions and in the same manner as 
changes of venue from justices of the peace now are. 

Kwiesof practic* § 4. The rulcs of practice and proceeding before such 
police magistrate shall conform to the practice and pro- 
ceedings before justices of the peace, except in cases 
where such rules of practice and proceeding shall be 
changed or modified by the charter of such town or city ; 
in which case, such rules of practice and proceedings shall 
conform to the said charters. 

§ 5. The city iiiarshals of such towns or cities, and all 
constables of the county in which said town or city may be 
situated, and all the town or police constables of such 
towns or cities respectively, shall be and are hereby au- 
thorized to execute all process and orders issued or made 
by said police magistrates in their respective counties. 



Marshal and coH' 
stables. 



13 1864. 



§ 6. Appeals shall be allowed from the decision of po- Appeals. 
lice magistrates in all cases, to be applied for and taken 
in the same manner that appeals from justices of the peace 
may be taken. 

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

Approved February 27, 1854. 



AN ACT to proride for the election of state siiperintenaent of public in- in force »b. 88, 

struction. 1864. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General ^^ssembly. That at the 
general election to be held on the Tuesday after the first Term oto»c*. 
Monday of November, A. D. 1855, and biennially thereaf- 
ter, there shall be elected a superintendent of public in- 
struction, who shall hold the office for two years and until 
his successor is duly elected and qualified. 

§ 2. Before entering upon his duties he shall take ando^'^- 
subscribe the usual oath of office, and shall also execute a 
bond in the penalty of twenty-fi%^e thousand dollars, paya- °"'*" 
ble to the state of Illinois, with sureties to be approved by 
the governor, conditioned for the prompt discharge of his 
duties as superintendent of public instruction, and for the 
faithful application and disposition, according to law, of all 
school moneys that may come into his hands by virtue of 
his office ; said bond and oath shall be deposited with the 
secretary of state, and an action may be maintained there- 
on by the state, at any time, for a breach of the conditions 
thereof. 

§ 3. It shall be his duty to keep an office at the seat office, 
government, and to file all papers, reports and public doc- 
uments transmitted to him by the school officers of the sev- " ^^' 
eral counties, each year separately, and to hold the same 
in readiness to be exhibited to the governor, or to any 
committee of either house of the general assembly, and 
shall keep a fair record of all matters pertaining to the 
business of his office. 

§ 4. He sliall, without delay, pay over all sums of mo- 
ney which may come into his hands by virtue of his office, 
to the officer or persons entitled to receive the same, in 
such manner as may be prescribed by law. 

§ 5. He shall counsel and advise, in such manner as he 
may deem inost advisable, witli experienced and practical 
school teachers, as to the best manner of conducting com- 
mon schools, and the most approved text books, maps, 
charts, apparatus^ &c., to 1 e used in common schools. 



1854. 



14 



Visit couMtles. 



Report. 



Supervision of § 6. Said Superintendent shall have the supervision of 
••mmonBc oo ^jj ^j^^ common schools in the state> and shall be the gen- 
eral advisor and assistant of school commissioners in the 
state. He shall, from time to time, as he shall deem for 
the interest of schools, address circular letters to said com- 
missioners, giving advice as to the best manner of conduct- 
ing schools, constructing school houses and procuring 
competent teachers ; he shall recommend the most appro- 
ved text books, maps, charts and apparatus, and shall urge 
uniformity in the use of the same, as well as in the manner 
of conducting common schools throughout the state, and 
shall use his influence to reduce to a system of practical 
operation the means of supporting common schools ttirough- 
out the state. 

§ 7. He shall visit every county at least once during 
his term of office, confer freely with the school officers as 
to the manner of conducting schools, and shall deliver a 
public lecture to the teachers and people of each county on 
the subject of education, if deemed practicable, and per- 
form generally such duties as may tend to advance the in- 
terest of education. 

§ 8. The state superintendent shall, before the fifteenth 
day of December of every year in which shall be holden 
a regular session of the general assembly, report to the 
governor the conditon of common schools in the several 
counties of this state, the number of schools in each coun- 
ty, the number taught by males, the number taught by fe- 
males, the number of scholars in attendance, and the num- 
ber of white persons in each county under twenty- one 
years of age, the amount of township funds, the amount 
annually expended for schools, the amount raised by an 
ad valorem tax, the number of school houses, together 
with such other suggestions and information as he may 
deem important in relation to schools, and the means of 
promoting common school education throughout the state; 
which report shall be laid before the general assembly at 
each regular session. 

§ 9. He shall make all further rules and regulations 
that may be necessary to carry the law into full effect, ac- 
cording to its spirit and intent, which shall have the same 
force and effect as though contained herein. 
Report made te § 10' ^^ shall be the duty of all school officers in the 
superintendent, several couuties who are required by law to make report 
to the secretary of state, as ex officio seperintendent of 
common schools, to make report to the superintendent of 
public instruction. 

§ 11. Immediately after the passage of this act, and its 
approval by the governor, it shall be the duty of the gov- 
ernor to appoint some suitable and competent person, who 
at the time of his appointment shall be a citizen of this state. 



Rules, &c. 



Appointmant. 



15 1854. 



to act as superintendent of public instruction, who shall " 
hold his office until the election of superintendent as pro- 
vided for by the first section of this act ; and the said ap- 
pointee shall be governed by the provisions of this act 
as to all his duties. 

§ 12. In addition to the duties imposed upon the super- ^'^p°" ''"'• 
intendent of public instruction by the above section, it shall 
be his duty to report a bill to the next regular session of 
the general assembly, for a system of free school educa- 
tion throughout the state, the manner [means] for the sup- 
port of which system to be provided for by a uniform ad 
valorem tax upon property, to be assessed and collected as 
other state and county revenue is assessed and collected. 

§ 13. He shall receive annually the sum of fifteen hun- Salary. 
dred dollars, to be paid quarterly, as a salary for the ser- 
vices required under the provisions of this act, or any 
other law that may be passed, and also all necessary con- 
tingent expenses for books, postage and stationery pertain- 
ing to his office, to be audited and paid as the salaries and 
contingent expenses of other state officers are. 

§ 14. That so much of the act to establish and main- Repealed, 
tain common schools, approved February 12th, 1849, as 
makes the secretary of state ex officio superintendent of 
common schools, and all other acts and parts of acts com- 
ing in conflict with the provisions of this act are hereby 
repealed. 

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

Approved Febauary 18, 1854. 



AN ACT to provide for a change of venue in the county courta. in fore Mar. 26, 

^ '= J ,854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assemhly^ That when- 
ever the county judge of any county is interested in the 
estate of any deceased person, who was resident at the 
time of his death of the county where said judge resides, 
and of which he is judge, the said judge shall cause a cer- Certificate. 
tificate to be entered upon the probate records of said 
court, setting forth that he, the said judge, is interested in 
said estate, and shall designate some one of the adjoining 
counties to which a copy of the record of said certificate 
shall be sent. 

§ 2. Said certificate shall be in the following form, as 
nearly as may be : 

"This may certify that I, A. B., judge of the county porm. 
court of county, am interested in the estate of C. 



1854. 



16 



Copy 



Duty of clerk. 



Jurisdiction. 



Ordarg, &c. 



Application. 



Duty of clerk. 



D., deceased, it is therefore ordered that a copy of this 
certificate be delivered to the county clerk of the county 
of . A. B., County Judge. ''^ 

§ 3. At any time after said certificate is entered upon 
said probate record as aforesaid, any person interested in 
said estate may have a copy of said record, which shall be 
certified to be a true copy of the record by the clerk of 
the county court, and attested under his hand and the seal 
of said court. 

§ 4. Upon presenting the same to the clerk of the 
county designated in said order, the said clerk shall enter 
the same upon the records of the probate court at large, 
and file and preserve said copy of said record. 

§ 5. Whenever said copy of said record is filed and 
entered upon said probate records as aforesaid, the county 
court of said county shall have full and complete jurisdic- 
tion of the subject matter of said estate, to the same ex- 
tent and with like effect that it would have had had the 
deceased person been a resident of said county at the time 
of his death, and said court shall proceed to make such 
order for the settlement of such estate as is now provided 
by law in other cases. 

§ 6. All orders, decrees and judgments made or ren- 
dered by said court, in regard to said estate, shall have the 
same force and effect (both in courts of law and equity,) 
that they would have had if the deceased person had been 
a resident of said county at the time of his death. 

§ 7. After the copy of said record is filed and entered 
of record, as provided for by this act, all other proceed- 
ings in regard to said estate shall be done, performed and 
executed in conformity with and according to the provi- 
sions of chapter 109 of the Revised Statutes, entitled 
"Wills," approved March 3d, 1845, and the amendments 
thereto, and appeals may be taken from s,aid county court 
as in other cases. 

§ 8. This act shall apply to all cases that now exist, 
as well as those that may occur hereafter. 

§ 9. In all the cases contemplated in this act where a 
testamentary disposition is made of real property and 
estate, it shall be the duty of the county clerk of the 
county court to which the proceedings shall be transmitted, 
as soon as proof of the will and devise is taken and allowed, 
to transmit a certified copy of said will, and the probate 
thereof, to the county clerk of the county from whence the 
venue was changed, to be recorded and paid for as other 
papers affecting the title to real estate, and the same shall 
have the same force and effect as if the original was 
recorded there, and said county clerk shall be allowed to 
charge and receive such fees for his services, as in this 



17 1854. 

section prescribed, as is allowed for recording wills and 
making official certificates. 

§ 10. Certified copies of all papers and proceedings cenifie.i coi)i€». 
transmitted under the provisions of tiiis act, shall be 
admitted as evidence and have the same force and effect 
as the original papers : Provided, that the fact that the 
county judge is a creditor of any such estate shall not be 
such an interest as will autliorize a change of venue. 

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

Approved March 1, 1854. 



AN ACT relative to the saline lands in Gallatin saline reserve. lu force Feb. 29, 

1851. 

Section 1. Be it enacted by the jieople of the state oj 
Illinois, represented in the General Assembly, That the 
auditor of public accounts be and he is hereby authorized A"'J'tor*>r pubii. 

1 - . 1 • /T> accounts to re- 

and required to demand, receive and convey to his omce, cehetwoks. *«. 
at Springfield, all the books, maps, plats, records, and all 
other papers whatsoever, relative to the saline lands in the 
Gallatin saline reserve, and belonging or heretofore kept 
in the office of the commissioners of said saline. Said 
records shall be filed in and form a part of the records of 
said auditor's office. 

§ 2. If it shall appear by the records aforesaid that ■^g^^/,^"'',^,!^;^***' 
there is any lands belonging to said saline reserve, and 
remaining unsold, the auditor shall give notice, by adver- 
tisement in any paper or papers published in the counties 
of Gallatin and Saline, that he will offer at public auction, 
at his office, on some day named in said notice, for cash, any 
and all such lands aforesaid ; which notice shall contain a 
proper description of the lands to be offered for sale, and 
be once published, at least four weeks before the day of 
gale. 

§ 3. On the da}'- named in the notice, between the '''^\|^8'?|j'^^^'« 
hours of 10 o'clock A. M. and 5 o'clock P. M., the auditor 
shall proceed to offer for sale the lands described in said 
notice, to the highest bidder ; but no such land shall be 
sold at less price than fifty cents per acre, and all such 
land as may not be sold at public sale aforesaid, shall be 
subject to entry at the auditor's office, at the minimum 
value of fifty cents per acre. 

§ 4. The purchaser of the whole or any part or parcel Purchaser enti- 
of the lands aforesaid, shall pay the purchase money into the ° P'^'ent. 
state treasury, and on filing the treasurer's receipt for the 
same in the office of the auditor of public accounts shall 

2 



1854. 



be entitled to a patent from the state for the land so pur- 
chased. 
I'atenttovestti- § 5. Patents for Saline lands, whether sold under thig 
tieia purchaser, act or any former act. shall be made out by the auditor, 
in the name of the governor, and shall be signed by the 
governor and secretary of state, with the great seal of state 



affixed tb^roto, and coimtersij^iiid bv 



iditor, and shall 



IiipLicate. 



vest in the patentee all the rigiit and title of the state in 
and to the lands therein described. 
Atiduor to issue § 6. In all cascs where any saline lands have hereto- 
fore been sold in conformity with, and in pursuance of any 
law of this state, and the patent or patents issued there- 
for have been lost or destroyed, upon proper proof, by 
affidavit, being filed in the office of the auditor, the patentee 
shall be entitled to a duplicate patent ; and in case of the 
death of such patentee before the issuing of such duplicat* 
patent, then, and in that case, the duplicate patent shall be 
issued in the name of the heirs or assigns of such paten- 
tee, as tlie case may be, and all such duplicate patents 
shall bear date at the time of tlie issuing thereof. And in 
all cases where no patents have been issued, and the origi- 
nal certificates of purchase have been lost or destroyed, 
the owner or owners of the land claiming the same, either 
as original purchaser or purchasers, or as assignees of 
such original certificate, their heirs and assignees shall be 
entitled to and shall receive a patent from the state for 
such land. But before such patent shall issue the person 
or persons claiming such land as aforesaid, shall file his or 
their affidavit in the auditor's office, setting forth the loss 



Affidavit 
IMed. 



or destruction of such original certificate, and the manner 
and circumstances thereof, together with a statement 
showing his or their title, and also the claim of title, 
accompanied with certified copies of deeds or other 
vouchers, showing such title, if any ; and the claimant or 
claimants of said land shall, within twenty days' after 
Publication to be filing such affidavit, publish in some public newspaper 

"** ^* printed in the county where such lands are situated, and 

if no paper be published in such county, then in the next 
nearest newspaper in the state, a notice of his or their in- 
tention to apply for such patent, for three successive 
weeks, the first insertion being at least six weeks before 
the day of such application ; which notice shall be directed 
to all persons concerned, and shall specify the day on 
which such application shall be made, the nature of his or 
their claim, whether as original purchaser or^assignee, and 
the loss or destruction of such original certificate, which 
notice, with the printer's certificate of publication, shall 

Bvidenceofio8s.be filed in the auditor's office; and said affidavit, with the 
notice aforesaid, shall be taken as evidence of the facts 
therein stated, and thereupon a patent shall be issued t* 



19 1864. 

such claimant or claimants, in which patent shall be set 
forth the material facts stated in such affidavit: Providedy vrovm. 
that said affidavit shall only be prima facie evidence of the 
matters [and] things therein contained ; and any person or 
persons interested in the premises may appear on said day 
of application and show by counter proof, satisfactory to 
the auditor or governor, tliat the matters and tilings in said 
affidavit are untrue, in which case no patent shall be issued 
to such claimant or claimants. 

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

Approved February 28, 1854. 



iLN ACT to amena an act entitled ' An act to dispose of the swamp and in force Mar. 
overflowed lands, and to pav the expenses of salectin"- and surveying the I8B'4. 

same,' approved June 22, 1852. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General tjlssemhlij. That in all g.^amp land 
cases where any of the lands granted to the counties by the 
act to which this act is amendatory, have been sold by the 
United States since the passage of the act of congress, 
entitled "An act to enable the state of Arkansas and other 
states to reclaim the swamp lands within their limits," ap- 
proved September 28, 1850, the county courts of the cov.iuycoBrte. 
several counties in tliis state shall, by an order to be en- 
tered of record at any regular or special term, sitting for 
the transaction of county business, make all necessary or- 
ders for securing to the purchasers who have purchased 
swamp and overtiowed lands situated in their respective 
counties, since the passage of the act of congress as afore- 
said, in pursuance and in the manner prescribed by the act 
of the general assembly of this state, to which this is an 
amendment : Provided, that the county courts may in their 
discretion, require the purchasers aforesaid to pay to the 
drainage commissioner, for the use of said county, the cash, p^y jto drainage 
at the rate they purchased the lands from the United States, coram'fsioner. 
within the time to be specified by said court, by an order 
entered of record as aforesaid, and on a failure on tiie part 
of all such purchasers to comply with the terms of said 
court, as specified by this act, the said swamp and over- 
flowed lands purchased by the Unitv-d States as aforesaid, 
may be sold by the county courts or drainage commission- 
ers, as other swamp and overflowed lands are sold. 

§ 2. That in all^cases where the county courts shall Purchase money 
require the purchasers to pay to the drainage commission- *''^'' refunded, 
ers the cash for said lands, as prescribed by the first sec- 



1854. SO 

tion of this act, the purchaser, his heirs or assigns, are 
hereby entitled to receive from the United States, or the 
state of Illinois, the original consideration paid by him for 
lands as aforesaid, whether in money or military bounty 
land warrants, as the case may be. 

Boani of supervi- § 3, The board of supervisors, in counties that have 
adopted township organization, are hereby vested with all 
the powers, and may make all orders and regulations that 
county courts are authorized to make and receive by this 
act. 

Certified copy to 5 4. A Certified copy of all orders made by county 

W. published. 3 i.11 J c • ••i.u I, 

courts, or the board or supervisors, requiring the purcha- 
sers aforesaid to pay to the drainage commissioner the cash 
for swamp and overflowed lands, shall, by said courts or 
board of supervisors, be published four v/eeks successively 
in some public newspaper published in such county respec- 
tively ; and if there shall be no newspaper published in such 
county, then such orders shall be published in the nearest 
newspaper to said counties, and conies of the paper contain- 
ing said orders shall be filed by ihe clerks of the county 
courts, or board of supervisors, among the records of swamp 
and overflowed lands ; said orders to be published immedi- 
ately after t!ie adjournment of tlie court or board of super- 
visors making such orders, and all expenses incurred for 
copying, certifying and printing, as specified in this act> 
shall be paid out of the drainage fund of such county. 

Proceeds, how to ^ 5. County courts Or the board of supervisors, as the 
case may be, may, in their discretion, after the incidental 
expenses of selecting, surveying, draining, reclaiming, 
platting, selling, &c., are fully paid, apply the excess, if 
any there be, arising from the sales of the swamp and over- 
flowed lands, situate in their counties respectively, to such 

Proviso. purposes as they may deem expedient : Provided, that the 

disposition of said fund shall be entered of record at any 
regular or special terra or terms at which tiie same shall 
be applied. 

Preemption ^ g, AH persous having the right of pre-emption in 

any of the swamp or overflowed lands, may prove the same 
at any time before the day of sale, and upon filing the proof 
thereof, sliall be entitled to a pre-emption in like manner 
as if such pre-emption had been proven within the time 
required by the act to which this is an amendment. 

Private property § 7. Whenever it shall be necessary to take private 
to be taken, py^pgy^-y \^ carrying out the general provisions of this act, 
or the act to which it is an amendment,, the county or the 
persons desiring to use such property or materials, shall 
make a just compensation therefor to the person whose 
property or materials may be wanted, taken or injured ; 
and in case the amount of injury, value, or damages and 
compensation thereof cannot be agreed upon, the same 



21 1854. 

shall be determined, valued, condemned, paid for, and ta- 
ken by virtue of, under, and according to tlie provisions of 
the law of this state now in force in relation to the right 
of way; and when said value or damages are assessed, and 
paid or tendered, according to the provisions of said act, 
the said county, or persons acting under the county, may 
take and use the property so condemned for the purpose 
of said drainage. 

5 8. The evidence of title fiom the general sfovern- ^^'"''cnceoi tuie 

•> J ^ 111 ,=> to be filed in 

ment, oi the swamp and overriowea lands granted to this auditor's umce. 
state by act of congress of September 28, 1850, shall be 
filed in the auditor's office, and as soon as practicable there- 
after, the auditor of public accounts sliall cause to be made 
out, for each of the several counties, a correct abstract or to furnish conn- 
list of said lands, the correctness of wliich list shall be cer- strLtr.' * 
tified to by the said auditor, with the seal of his office at- 
tached thereto, and the lists so made out shall be sufficient 
evidence of the title of the lands therein described ; said 
lists shall be forwarded by mail or other safe conveyance 
to the clerk of the county court of the proper county, and 
upon the receipt of such lists the said clerk shall file them 
in his office, and shall cause them to be recorded in a proper 
and well bound book. The list conveying the land as 
aforesaid shall have the same force and effect as patents 
issued for school lands, and duly certified copies thereof 
shall be received in all courts, and have tiie same force and 
effect as the original lists so filed and recorded. 

§ 9. It shall be the duty of the auditor to cause the Duty of au*ter, 
lists or patents received from the general government to be 
recorded in a well bound book, and safely preserved in his 
office, and abstracts or diagrams therefrom, properly certi- 
fied by the auditor, shall be evidence of the facts therein 
stated. 

§ 10. The clerk of the county court shall be allowed Fees allowed 
and paid for recording the list aforesaid, two cents per '^"'^'y '^'*'"'^- 
tract for each and every tract contained therein, to be paid 
out of the swamp land fund ; and tlie auditor shall be 
allowed like compensation for recording the list or patents 
from the general government in his office, and for making 
out the lists for the several counties, to be paid out of the 
state treasury. 

§ 11. The clerks of the county courts, respectively, ciert of county 
shall execute all deeds for su amp or overflowed lands, and deed». 
affix the seal of the county court thereto, which deeds shall 
vest in the purchaser an absolute title in fee simple to the 
lands therein described. 

§ 12. All the parts of the acts to which this is an Acts repealed, 
amendment, which appear to grant the swamp and over- 
flowed lands to the townships in the several counties, and 
which authorize the county judges to execute deeds, and 



1864. 



all other parts of said act which are inconsistent with the 
provisions of this act, are hereby repealed ; and all the 
swamp and overflowed lands granted to the state of Illinois 
by the act of congress aforesaid, are hereby granted to and 
vested in the several counties in which they are situated. 

§ 13. Provided^ that nothing herein contained shall 
change or vitiate the sales or applications of sales made 
by any county previous to the passage of this act; and the 
secretary of state is hereb}^ required to cause to be sent 
to the clerks of the county courts, respectively, a certified 
copy of this act. County courts, or boards of supervi- 
sors, shall ha\e power to remove from office drainage com- 
missioners, if in their opinion the public interest requires 
it, and fill vacancies. 

§ 14. This act to take effect from and after its passage. 

Approved March 4, 1854, 



?we8 March 3, AN ACT \o amend the charters of the several towns and cities in this 
1854. state. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That in 
UaMeotor to col- a|} cases where taxes assessed on real estate by the corpo- 
tax. rate authorities oi any city or town in this state, except 

in the city of Chicago, are not paid within the time fixed 
by the corporate authorities of any such city or town, it 
shall be lawful for the collector of any such city or town^ 
ptrt»fi»ati«a.. after giving notice of such application by advertisement at 
least thirty days previously to such application, in some 
newspaper published in said town or city, or if no news- 
paper should be published in said town or city, then by 
posting up printed or written notices of such intended ap- 
plication in at least four of the most public places in such 
town or city, to apply to the county court of the county 
in which such delinquent real estate may be situated, and 
cause judgment to be entered against such delinquent 
real estate for the amount of taxes due and unpaid and 
^^^'^ «'"rt*° costs. And the said county court shall proceed to hear 
went. and determine said application, and render judgment 

against said delinquent real estate in the same manner, and 
said judgment shall have the like effect as though said de- 
linquent list had been returned to the county court by the 
sheriff or collector of the county, in the collection of state 
iwTw pceoept. and county taxes. And the county court shall issue its 
precept or order to the collector of said city or town, di- 
recting him to sell said real estate at public auction, to pay 



23 1854. 

said delinquent taxes and costs : Proinded, that the corpo- 
rate authorities ot such towns or cities shall have full 
power to adopt any regulation or proceeding they may 
deem necessary to carry this section into full effect: >^^)id 
provided, further, that the corporate authorities of any 
town or city shall haA'e power to fix the time of such ap- 
plication to the county court and the time of sale of said 
real estate. 

§ 2. In all cases where assessments have heretofore Assessments for 

L 1 I t 1 fi. u J improving side- 

been made, or wliere assessments may hereaiter be made, walks. 

by the corporate authorities of any town or city in this 
state, on any lot or real estate in such town or city, for the 
purpose of improving any street, side-walk or alley in front 
of such lot or real estate, or for any purpose whatever, ei- 
ther by ordinance, resolution or other proceeding, and 
such assessment is not paid within the time fixed by the 
order, resolution or ordinance making such assessment, the 
corporate authorities of the several towns and cities in this 
state may apply to the county court of the proper county Apply t« oonuty 
for judgment against said lot or real estate, for the amount '^°"'^^' 
of said assessment and costs ; and the county court, on 
fiuch application being made, shall render judgment against 
such lot or real estate for the amount of said assessment 
and costs, and shall issue its precept to the sheriff of the issue precept to 
proper county, commanding him to sell sr.id lot or real es- 
tate, or so much thereof as may be necessary, to pay said 
judgment and costs, in the same manner and with like ef- 
fect as if sold upon execution at law ; and the corporate corporate ««- 
authorities of the several towns or cities shall have full ^'^""'**^''- 
power to provide by resolution or ordinance for the making 
or levying any such assessment, and they shall have full 
power to fix the time of payment and the kind and time of 
notice of such assessment, and of the said application to the 
county coujt ; and the corporate authorities of any town 
or city shall have full and complete authority to adopt 
any rule, regulation or proceeding which they may deem 
necessary to carry the provisions of this section into full 
and complete effect. 

§ 3. This act to take effect from and after its passage. 

Approved March 1, 1854. 



AN ACT to amend an act entitled 'An act to provide for township organiza- in forceilarch i- 
tion,' and to extend the powers and duties of overseers of the poor. 1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly , That in all Power to bind 
counties that have adopted, or may hereafter adopt, town- p''"^^^'"-'^"**^'"'- 



1864. 24 

ship organization, the overseers of the poor, in their 
respective towns, may, with the consent of the judge of 
the county court, bind out apprentices or servants, the 
minor children of any poor person who has become charge- 
able to their town, as having a lawful settlement therein, 
or who is supported there, in whole or in part, at the 
charge of the county ; and also all minor children who ar« 
themselves chargeable to the town, as having a lawful set- 
tlement therein, or as poor persons supported by the 

Proviso. county : Provided^ that no minor shall be bound under the 

provisions of this act unless such minor shall have become 
chargeable as a pauper. 

Twm of service. § 2. Such children, whether over or under the age of 
fourteen years, may be bound — females to the age of 
eighteen years, and males to the age of twenty-one years 
— and provision shall be made in the contract for teaching 
such children to read, write, and the ground rules of arith- 
metic, and for such other instruction, benefit and allowance, 
either within or at the end of the term of their apprentice- 
ship, as the overseer may think reasonable. 

indenturas de- ^ 3, No minor shall be so bound by the overseer of the 
wwn'^cierk. poor unless by indentures of apprenticeship, executed in 
duplicate, Ly the overseer of tiie poor and by the master, 
one copy to be retained by the master, and one copy shall 
be, by the overseer of the poor, deposited with the town 
clerk, to be kept by said town clerk for the use of the 
minor. 

Moneys or other § 4_ p^]\ considerations of money, or other things paid 

property secured J -'' o_r 

i»Bimws. or allowed by the master, upon, any contract of service or 
apprenticeship, made in pursuance of this act, shall be 
paid or secured to the sole use of the minor hereby bound. 
§ 5. The overseers of the poor shall inquire into the 
treatment of all children bound by them, and of all who 
shall have been bound by their predecessors in office, and 
defend them from all cruelty, neglect and breach of con- 
tract on the part of their masters. 
Miscontiiici : . or § 6. In case of any misconduct or neglect of the mas- 
neguc. ^^^^ ^ complaint may be filed by the overseer of the poor, 

(or, in case of absence of such overseer of the poor,) the 
supervisor of the town in which such minor was bound by 
the judge of the county court, setting forth the facts and 
circumstances of the case; and the said court, after having 
duly notified the master of such complaint, by giving said 
master at least ten days' notice of the time and place, that 
he will proceed to hear and determine the cause. 
Trial of parties. § 7. After a free hearing of the parties, or of the com- 
^.vnX™'.''' ''^ plaint alone, if the master shall neglect to appear, the 
court may render a judgment, or decree, that the minor 
be discharged from his apprenticeship or service, and for 



26 1854. 

the costs of the suit against the master, and may issue exe- 
•ution for the same. 

8. If the complaint shall not be maintained, and it Ju'igment »o be 
shall appear to the satisfaction of the said court that the 
complaint was made without any just or reasonable cause, 
the court shall render judgment for the costs against the 
complainant. 

§ 9. This act to take eflfect and be in force from and 
after its passage. 

Approved March 4, 1854. 



AN ACT making appropriations to pay the incidental expenses of the In foi-ce Feb. 28, 
preseat General Assembly. ^^'^■ 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General *dssemhly, The fol- 
lowing appropriations be and the same are hereby made, Appropriationg. 
to pay the incidental expenses of the present session of 
the general assembly : 

To the auditor of public accounts, for maps furnished '^.f^^^^ts!''"^"' 
for use of members of the general assembly, the sum of 
seventy- five dollars. 

To the fund commissioner, for clerk hire, for transcri-cierk u fund 
bing records of fund commissioner s omce, a sum not ex- 
ceeding six hundred dollars, to be paid on the certificate 
•f the fund commissioner. 

To A. H. & C. Burley, the sum of eight hundred and ^,;y^- ^^ t'- ««■ 
seventy dollars, for stationery furnished for the use of this 
session of the general assembly. 

To Amos H. Shultz & Co., the sum of two hundred a^-^h- sLmuk 
eleven dollars and forty cents, for stationery furnished for 
the use of this session of the general assembly. 

To Hillman & Meeks, the sum of eighty-seven dollars, Hiiimaii&Meeh. 
for varnishing and painting representatives' hall and senate 
chamber. 

To W. B. Fondey, the sum of three hundred and three w. b. Fondey. 
dollars and fifty cents, [for] materials furnished the state 
house, and candles for the present session of this general 
assembly. 

To the clerk of the executive department, during the ^o^^^J^^^'* *«•- 
present session of the legislature, the sum of five dollars 
per day. 

To Birehall & Owen, for stationery used during theBirchaii&owM. 
present session of the general assembly, the sum of sixty- 
seven dollars and ninety cents. 



1854. 



26 



Johnson & Brad- 
ford. 



John Connelly. 



Unfinished space 
in state house. 



Seeretory of state 



Hxpenees. 



Ires & Curran. 



Officers of senate 
and house of re- 
I>resentatlves. 



Agsistant enroll - 
ingander^g•ross- 
jBg clerks. 



B.L. Kalb. 



To Johnson & Bradford, for materials and stationery 
furnished the present general assembly, the sura of eighty- 
four dollars and twenty-nine cents. 

To John Eck, for services as mail messenger, the sum 
of eight dollars. 

To A. Starne, for expenses to Chicago and St. Louis, 
the sum of twenty dollars. 

To John Connelly, for putting locks on desks in senate 
chamber, and for work done, the sum of twenty-four dol- 
lars and fifty cents. 

That the unfinished space in the state house, between 
the treasurer's office and the law library, oe finished off 
under the direction of the judges of the supreme court, 
for a conference room for that court. 

To the secretary of state, the sum of one hundred dol- 
lars, for making index to the laws, journals and reports of 
the present session, and superintending the publication of 
the same. 

That 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 thf 
use of this session of the general assembly, furnished any 
stationery or any other necessary thing, which shall be 
paid out of any money in the treasury not otherwise ap- 
propriated. 

To Ives & Curran, for lamps, and other materials, fur- 
nished for the state house, and use of the present session 
of this general assembly, the sum of two hundred sixty- 
four dollars and five cents. 

To the officers of the senate and house of representa- 
tives, and the governor's secretary, the same rate of mile- 
age received by the members thereof, and the same rate 
of compensation allowed said officers at the last regular 
session of this general assembly. 

To the enrolled assistant secretary of the senate, and 
the enrolling and engrossing [clerks] employed under any 
resolution of the senate and house of representatives, th« 
same pay allowed at the last session of the general assem- 
bly ; the number of days to be certified by the affidavit of 
the principal. 

To E. L. Kalb, the sum of one dollar per day, for ser- 
vices in the senate. 

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

Approved February 28, 1854. 



27 1854. 

AN ACT to amend "An act to provide for Township Organization," ap- in force Feb. 27, 
proved February I7th, 1851. 1854. 

Section 1. Be it enacted by the people of the stale of Illinois, rep- 
resented in the General Assembly, That ihe several towns in all Raise money. 
iuch counties as have heretofore adopted, or may herealter adopt, 
the township organization law, shall have power to direct such 
sums to be raised in their respective towns, for prosecuting or de- 
fending suits, or for the support and maintenance of roads and 
bridges, or for any other purpose, as they may deem necessary. 

§ 2. The board of auditors of town accounts shall meet at the ^njitiag act'». 
town clerk's office for (he purpose of examining and auditing the 
town accounts, semi-annually, in their respective towns, on the 
Tuesday next preceding the annual meeting of the board of super- 
visors, and on the Tuesday next preceding the annual town meet- 
ing in April, and such other times as the interest of the town may 
require. 

§ 3. The supervisor of the several towns shall lay before the certificate* of 
board of supervisors, at their first meeting after the annual town election. 
election, their several certificates of election, which shall be ex- 
amined by the board of supervisors, and if found regular, shall be 
filed in the office of the clerk of the county court. 

§ 4. The board of supervisors shall have full and complete Boundaries 
power and jurisdiction to alter the boundaries of towns — to change to^na- 
town lines— and to divide or enlarge, towns in their respective 
counties, to suit the convenience of the inhabitants residing therein; 
but no new town shall be created under the provisions of this act, 
unless there shall be at least thirty legal voters residing in such 
new town, nor unless at least twenty of such legal voters of such 
town shall petition for such alteration. 

6 5. At the annual or other meetiner of the board of supervi- . , „ 

•> , , ,, • t i 11 f .,1 - * Assessment relis. 

sors, they shall examine the assessment rolls oi the several towns, 
and shall equalize the same according to the first section of article 
twentieth of the act to which this is an amendment. Said board 
of supervisors shall have power, and it is hereby made their duty, 
in case the assessment roll of any town or towns shall, by affidavit 
or otherwise, be made to appear to the satisfaction of said board, 
or a majority of them, to have been unlawfully, partially or im- 
properly made, and that such assessment is grossly wrong and par- 
tial to amend such assessment, or declare the same null and void; 
and said board shall have power to appoint some suitable person 
or persons, who shall be residents of such town, to proceed to 
make a new assessment of property therein, and make return 
thereof to said board of supervisors, on or before a day to be fixed 
and specified by said board. 

§ 6. In case the collector of any town shall have been, or may Duties of Buper« 
hereafter be estopped by injunction, or the decision of any court, ^^'sors in case of 

c .u n i- f *L i • <- 1 ^ injunction. 

irom tne collection or the taxes, in consequence oi the assessment 
of the property in said town being wrongfully or illegally assessed, it 
shall be the duty of the board of supervisors of the county in which 
any such town i-* located, to hold a meeting as soon after they 
shall have notice of such injunction being granted or decision ren- 
dered as practicable, and they shall inquire into the facts in the case, 
and if a majority of the board are of the opinion that any such as- 
sessment was wrongfully or illegally made, they are hereby auth- 
ized and empowered, and it shall be their duty to appoint one or 



1854. 28 

more persons, resident? of said t9\vn, to re-assess the property 
therein. 

§ 7. The person or persons so appointed shall make and sub- 
Make oa;ii. scribe the oath, and be governed in all things pertaining to said as- 
sessment in like manner as town assessors, and shall proceed with- 
out delay to make such re-assessment. Such person or persons 
shall attend at the office of the town clerk of said town for the 
purpose of reviewing the lists or rolls of said assessment, and said 
assessment rolls or lists shall be examined and corrected in like 
manner and by the same officers that would be authorized to re- 
view and correct it if it had been a regular assessment, except 
that the person or persons making the assessment shall act instead 
of the regular assessor : Provided, that the person or persons 
making such assessment shall first give at least ten days' notice of 
the time and place of reviewing the assessment ; which notice 
shall be once published in some newspaper published in said 
county, if there be any paper published therein, and said notice 
shall be posted up in three or more of the most public places in 
such town. 
Return of assess- § ^' Tht2 person or persons making the assessment aforesaid 
ment roll. shall make return thereof to the county clerk, in manner and form 
as is or may be prescribed by law for making returns of assess- 
ments, and be allowed such reasonable compensation therefor as 
the board of supervisors shall determine and allow ; which com- 
pensation shall be paid in like manner as the compensation of town 
assessors is paid. Upon the return of the assessment rolls afore- 
said, the county clerk shall cause the proper list of the property 
assessed, with the taxes extended thereon, to be made for the use 
of the town collector. Said lists shall be made out and delivered 
to the collector, authorized to collect the taxes due thereon, as soon 
after the assessment rolls or lists are received by the clerk a» 
practicable. 

§ 9. The board of supervisors shall have power, and they art 
99 e ^'^ °'' j^greby fully authorized, to appoint some suitable person to collect 
the taxes due on the tax lists made out as aforesaid, if in their 
opinion it is expedient to do so ; and the person so appointed shall 
execute bond, and qualify in like manner, and shall receive like 
compensation and shall be subject to like penalties as town collec- 
tors are subject to. Any person appointed and qualified as pro- 
vided for in this section, shall have full power and authority to 
collect the taxes charged in the tax list, and for that purpose he 
may levy on and make sale of goods and chattels, and do all and 
everything necessary to be done in the premises, in like manner as 
town collectors are authorized to do by the general laws relative 
to the collection of the revenue. 

§ 10. The board of supervisors shall fix the time at which 
'retiS!"'™*''^such collector shall make return and settlement for the taxes col- 
lected by him : Provided, that such time shall in no case exceed 
sixty days' fror^ the time the tax list is delivered to said collector, 
and the county collector is hereby authorized and required to col- 
lect the taxes due on any assessment made under the provisions 
of this act on non-resident property, by sale or otherwise, in like 
manner as he is authorized to do in cases of regular assessments : 
Provided, that in cases where the return and settlement of the town 



29 1854. 

collector, as contemplated iu this section, is made after the first 
day of July, the abstract or list of the delinquent lands required 
to be iurnished to tlie auditor's office shall not be so furnished. 
The fifty per cent, required by stction twenty-four ot the "Act 
regulating the collection of the revenue," to be charged on the 
delinquent lands, shall not be charged in cases where the return is 
not made until after the first day of July as aforesaid, until alter 
the thirtieth day of October next thereafter, but on all taxes re- 
maining due on the first day of Novem])er, in that year, on any 
such delinquent lands, the clerk shall add the filty per cent., 
according to section twenty-four aforesaid, to such delinquent taxes, 
and add the aggregate thereof to the tax of the subsequent year, 
and the amount so charged shall be collected in like manner as 
other taxes on delinquent lands are required to be collected. 

§ 11. In all cases when the collector of any town shall not state rereim'-. 
have paid over to the county collector the state revenue, prior to 
the time such county collector is required to pay said revenue into 
the state treasury, the county collector shall pay over the state 
revenue collected in said town within thirty days' after the time of 
settlement with the town collectors. 

§ 12. At the first meeting of the commissioners of highways commissioucr 
after they shall have been duly elected and qualified, they shall wgiiways. 
proceed to choose one of their number treasurer. The treasurer 
so chosen shall receive and have charge of all moneys raised in 
the town for the support and maintenance of roads and bridges. 
He shall hold such moneys at all times subject to the order of the 
commissioners of highways, and shall pay them over upon their 
order, or a majority of said commissioners, and not otherwise. He 
shall execute bond with good and sufficic^nt security, in such sum 
as the supervisor and town clerk shall determine, conditioned for 
the faithful discharge of his duties as such treasurer, and that he 
will honestly and faithtully account for and pay over, upon the or- 
der of the commissioners of highways, all moneys that shall come 
to his hands by virtue of his said office, which bqnd shall be pay- 
able to the supervisor, approved by the supervisor and tow n clerk, 
and tiled in the town clerk's office. 

§ 13. Whenever it shall be necessary in any town to build a^ .^j ^ 
bridge, the cost of which shall be more than can be raised by or- 
dinary road taxes, the commissioners of highways shall lay before 
the town auditors of such town, a statement of the amount of mon- 
ey necessary for the construction thereof, and said board of auditors 
shall certify the same to the board of supervisors of the county in 
which such town is situated; the amount so certified shall by said 
board of supervisors be levied on the taxable property of such 
town, and collected by the collector thereof, in the same manner as 
other taxes are levied and collected. 

§ 14. The overseers of roads of the several towns are hereby Taking of timber, 
authorized to enter upon any unimproved land most convenient, gravpi, &o. 
and to cut and haul away timber, or to quarry and haitl rock, 
gravel, sand or earth which may be necessary for the purpose of 
building or repairing any bridge or causeway in their respective 
road districts : Provided, that such overseers shall not take away 
timber already cut, or rock or gravel already quarried for another 
purpose, without leave from the owner or his agent ; ^nd provided, 



1854. 



30 



peace. 



Gootrol 
bridges, 



also^ Ihat unless the owner or his agent shall first consent to the 
cutting of timber or the quarrying of stone, or the taking of gravel, 
sand or earth, the overseers of roads shall call upon two discreet 
householders to value the materials about to be used, and if the 
owner of the materials shall think proper, he or she may choose 
two olher discreet householders to act with such as may be chosen 
by the overseer of highways, and if they cannot agree the four 
shall choorse a fifih as umpire, and the live, or <x majority of them, 
sliall luake out their award, under their hands and seals, and 
deposit it with the clerk of the town in which such bridge is situ- 
ated, who s^hall file the same in his office. Said award shall be 
final and conclusive of the amount of damages sustained by such 
person, and the amount so awarded shall be audited, levied and 
collected in the same manner provided in the next preceding sec- 
tion of this act, and the overseer of highways shall be authorized 
and warranted, and is hereby fully empowered, to take such mate- 
rials as aforesaid, for the purposes contemplated in this section, as 
soon as such award shall be made. 

§. 15. In all towns having of a population of more than twa 
thousand inhabitants, it shall be lawful for the qualified voters 
thereof to elect one justice of the peace, and one constable for 
each and every thousand of its inhabitants, until the population 
shall reach five thousand, after which the number of justices of 
the peace and constables shall not be increased. Said justices of 
the peace and constables shall be elected in the same manner, and 
shall hold their offices for the same term of time, as othet justice* 
of the peace and constables. Said justices of the peace shall be 
commissioned by the governor, and shall have the same jurisdic- 
tion, power and authority, and be subject to the same liabilities, 
and shall execute bond and be sworn in the same manner as other 
justices of the peace. 

§ 16. The commissioners of highways are hereby vested with 
full jurisdiction and control of the roads and bridges in their re- 
spective towns, as provided in the acts to which this is an amend- 
ment, and all laws and parts of laws inconsistent with this sec- 
tion are hereby repealed. 

§ 17. All roads laid out by order of the commissioners of 
highways shall be opened within five years from the time of lay- 
inw out the same. If not opened within the time aforesaid the 
same shall be deemed to be vacated. 

§ 18. The third section of the twenty-fifth article of the act 
to which this is an amendmet t, is hereby declared to be applica- 
ble to the city of Peoria, and the several wards in said city of 
Peoria shall be entitled to elect one supervisor in each ward, in 
addition to the town supervisor, who shall have same the powers, 
and perform the same duties as the additional supervisors provided 
for in said section third of article twenty-fifth are authorized to. 
exercise and perform as members of the board of supervisors. 

§ 19. The additional supervisor provided for in the second sec- 
tion of third article of the act to which this is an amendment, 
shall be called an assistant supervisor, and shall be elected as such, 
and shall have no power or authority except as a member of the 
board of supervisors. 



31 1854. 

§ 20. The affidavit required to be sworn to by overseers oath of over- 
of highways in section seventeen, ul' the twenty-third article of '^!^'? °' ***' 
the act to which this i<; rin amendment, may be made and sworn to, 
and the oath tlureiu required may be administered by the super- 
vi^ r 01 liie town, or by any justice of the peace. 

§ 21. At all town meetings and elections of town officers, the 
polls may be closed at four o'clock in the afternoon, but may keep 
open until a later hour, in the discretion of the honrd of election. 

§ 22, The county collectors or treasurers shall be allowed, in Fees of eoiiec-' 
their settlement with the auditor, for receiving the state tax from ^"^^' 
the town collectors, and paying the same into the state treasury; 
adjusting the accounts of said town collectors; correcting non-resi- 
dent lists, &c., a commission of one per cent., when the amount 
received does not exceed ten thousand dollars, and half of one per 
cent, on all sums received from town collectors over that amount. 

§ 23. The 6th, 7th, 8th, 9th, lOth, 11th, and 22d sections of 
this act shall apply to the assessment of property and the collec- 
tion of taxes for the year 1853, as well as subsequent years. 

§ 24. The town clerk of the several towns in counties gov- 
erned by the township organization law, shall file in the office of 
the clerk of the county court a list of the names of all town offi- 
cers elected at the annual town meeting, within twenty days after 
such election shall be held. 

§ 25. All acts and parts of acts inconsistent with or repugnant Rgpeaisd. 
to the provisions of tliis act, are hereby repealed. This act shall 
pake etiect and be in force from and after its passas^e. 

§ 26. That section second of article twelve of the act to which Fee of aeseisi.r. 
this is an amendment be and the same is hereby so amended that 
the town assessor shall receive, for his services as assessor, one 
dollar and tifty cents per day. 

Approved February 27, 1854. 



PRIVATE LAWS, 



PEIVATE LAWS. 



AN ACT to reduce the 'act incorporating the city of Springfield,' and the in force March 2 
several acts amendatory thereof, into one act, and to amend the same% '^^'*" 

ARTICLE I. — Of Boundaries^ General Powers and for- 
mation of Wards. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all the 
district of country, in the county of Sangamon, and state cwporate linut? 
of Illinois, contained within the present incorporate lim- 
its of the city of Springfield, with such other additions of 
land as may be incorporated with and come under the 
jurisdiction of said city, is hereby erected into a city, by 
the name of "The City of Springfield." 

§ 2. The inhabitants of said city shall be a corpora- Name, 
tion, by the name of "The City of Springfield," and by that 
name shall have perpetual succession, sue and be sued, 
and complain and defend in any court ; may make and use 
a common seal, and alter and change it at pleasure ; may 
take, hold and purchase such real, personal or mixed 
estate as the purposes of the corporation may require, 
within or without the limits of the city, and may sell, lease 
or dispose of the same for the benefit of the city. 

§ 3. The city of Springfield shall be divided into four^anb. 
wards, the boundaries of which shall be fixed by the city 
council, and shall be by the city council changed, from 
time to time, as they shall see fit, having regard to the 
number of her [/^ee] white male inhabitants, so that each 
ward shall contain, as near as may be, the same number of 
white male inhabitants. The city council may create 
additional wards, as occasion may require, and fix the 
boundaries thereof. 



1854. / 36 

ARTICLE II. — Officers — their Election and Jippointment. 

Officers. § 1. The municipal government of the city shall con- 

sist of a city council, to be composed of the mayor and 
three aldermen from each ward. The other officers of the 
corporation shall be as follows : A city clerk, a city mar- 
shal, a city treasurer, a city attorney, a city assessor and 
collector, a city surveyor and engineer, and a city super- 
visor, who, in addition to the duties prescribed by this act, 
shall perform such other duties as may be prescribed by 
ordinance. There shall also be such other officers, ser- 
vants and agents of the corporation as may be provided 
by ordinance, to be appointed by the city council, and to 
perform such duties as may be prescribed by ordinance. 

T.nii of office. § 2. All officers, elected or appointed under this act, 
except aldermen, shall hold their offices for one year and 
until the election or appointment or [a?2a?] qualification of 
their successors, respectively. All other officers men- 
tioned in this act, and not otherwise specially provided for, 
shall be appointed by the city council, by ballot, on the 
second Monday of May in each year, or as soon thereafter 
as may be; but the city council may specially authorize the 
appointment of watciimen and policemen by the mayor, to 
continue in office during the pleasure of the city council : 
Provided^ the mayor or marshal may be authorized to re- 
move them from office for good cause. All officers elected 
or appointed to fill vacancies shall hold for the unexpired 

„ terra only, and until the election or appointment and quali- 

fication of their successors. 

wavdrepresenta- § 3. The Several wards of the city shall be repre- 
sented in the city council by three aldermen from each 
ward, who shall be bona fide residents thereof, and hold 
their offices for three years from and after their election, 
and until the election and qualification of their successors. 
They shall be divided into three classes, consisting of one 
alderman from each ward, so that one from each ward shall 
be annually elected. At the first meeting of the city 
council after the annual election in April next, the alder- 
men shall be divided into three classes, by lot ; the terras 
of office of those of the first class shall expire in one year ; 
of those of the second class, in two years, and of those of 
the third class, in three years : Provided^ that the present 
aldermen of the city whose term of office do not expire at 
that time shall be placed in the first class, and no election 
shall be held to supply their places. At the annual elec- 
aon in April, 1854, there shall be elected in the first and 
gccond wards of the city three aldermen, and in tlie third 
^nd fourth wards two aldermen, for each ward; and there- 



tlves. 



a7 1854. 

after, annually, one alderman shall be elected in eacli of 
the wards of the city, to represent such ward in the city 
council. 

§ 4. If from any cause there shall not be a quorum ofspcciai eiecuci 
aldermen, the clerk shall appoint the time and place of 
holding a special election to supply such vacancies, and to 
appoint judges thereof if necessary. If any alderman sliall 
remove from the ward represented by him, his office shall 
thereby become vacant. If for any cause the officers 
hefein named shall not be appointment \_ap2yointed'\ on the 
second Monday of May in each year, the city county 
ycouncil'\ may adjourn from time to time until such ap- 
pointments are made. If there should be a failure by the 
people to elect any officers herein required to be elected, 
the city council may forthwith order a new election. 

§ 5. Any officer elected or appointed to any office may Removal. 
be removed from such office by a vote of two-thirds of all 
the aldermen 'authorized by law to be elected. But no 
officer shall be removed except for good cause, nor unless 
first furnished with the charges against him, and heard in 
his defence ; and the city council shall have power to 
compel the attendance of witnesses, and the production of 
papers when necessary for the purpose of such trial — and 
shall proceed within ten days to hear and determine upon 
the merits of the case ; and if such officer shall neglect to 
appear and answer to such charge, then the city coun- 
cil may declare the office vacant: Provided^ this section Proviso, 
shall not be deemed to apply to any officer appointed by 
the city council. Such officer may be removed at any ti'-^ ^ 
by a vote of two-thirds as aforesaid, in their discre* on, 
but any officer may be suspended until the disposit' jn of 
the charges when preferred. 

§ 6. Whenever any vacancy shall occur in the office vaemi*,.. 
of mayor or alderman, such vacancy shall be filled by a 
new election, and the city council shall order such special 
election within ten days after the happening of such vacan- 
cy. Any vacancy occurring in any other office may be 
filled by appointment of the city council, but no special 
election shall be held to fill vacancies if more than nine 
months of the time has expired. 

§ 7. All citizens of the United States, qualified to vote EUgibuuT. 
at any election held under this act, shall be qualified to hold 
any office created by this act ; but no person shall be eli- 
gible to any office under this, or any other act in relation to 
said city, who is now or may hereafter be a defaulter to 
said city, or to the state of Illinois, or to any other city or 
county thereof; and any person shall be considered a de- 
faulter who has refused or neglected, or may hereafter 
refuse or neglect, for thirty days after demand made, to ac- 
count for and pay over to the party authorized to receive 



(iuctingelectlsB. 



1854. 38 

the same, any public money which may have come into his 
possession. And if any person holding any such office or 
place within this city shall become a defaulter whilst in 
office, the office or place shall thereupon become vacant. 
Tie. § 8. When two or more candidates for any election 

\_elective'\ office shall have an equal number of votes for 
such office, the election shall be determined by the cast- 
ing of lots in the presence of the city council. 

ARTICLE 111.— 0/ Elections. 

>;ie(ti«!i. § !• A general election for all the officers of the cor- 

poration required to be elected by this act, or any ordi- 
nance of the city, shall beheld in each of the wards of the 
city, on the first Tuesday of April in each year, at such 
places as the city council may appoint, and of which six 
days previous public notice shall be given by written or 
printed notices in three public places in each ward, or by 
publication in the newspaper publishing the ordinances of 
the city, by the city clerk. 

.Maimev of con- § 2. The manner of conducting and voting at the 
times [elections^ held under this act, and contesting the 
same, the keeping the poll lists, canvassing of the votes, 
and certifying the returns, shall be the same, as nearly as 
may be, as is now or may hereafter be provided by law at 
general state elections : Provided, the city council shall 
have power to regulate elections, and the appointment 
of the judges thereof. The voting shall be by ballot, and 
the judges of the election shall take the same oath, and 
SI. ill have the same powers and authority, as the judges of 
gen ral elections. After the closing of the polls the ballots 
shall . e counted in the manner provided by law, and the 
returns shall be returned sealed to the city clerk, within 
three days after the election ; and thereupon the city 
council shall meet and canvass the same, and declare the 
result of the election. The persons having the highest 
number of votes for any office shall be declared elected. 
It shall be the duty of the city clerk to notify all persons 
elected or appointed to office, of their election or appoint- 
ment, and unless such persons shall qualify within twenty 
days thereafter the office shall become vacant. 

Eiigibiityof vo- § 3. No person shall be entitled to vote at any election 
under this act, who is not entitled to vote at state elections, 
and has not been a resident of said city at least six months 
next preceding said election; he shall have been, more- 
over, an actual resident of the ward in which he proposes 
to vote, for ten days previous to such election, and if 
required by any judge or qualified voter, shall take the 
following oath before he is permitted to vote :• "I swear 
(or affirm,) that I am of the age of twenty-one years, that 



ters. 



39 1854. 

I am a citizen of the United States, (or was a resident of 
this state at the time of the adoption of the constitution,) 
and have been a resident of this state one year, and a resi- 
dent of this city six months immediately preceding this 
election, and am now and have been for the last ten days 
past a resident of this ward, and have not voted at this 
election :" Provided, that the voter shall be deemed a resi- 
dent of the ward in which he is accustomed to lodge. 

§ 4. No election shall be held in any grog shop or 
other place where intoxicating liquors are vended by 
retail. 

§ 5. The persons entitled to vote at any election held A^ests on eiec- 
under this act, shall not be arrested on civil process within 
said city upon the day on which said election is held ; and 
all persons illegally voting at any election held under this 
act, or the ordinances of the city in pursuance thereof, 
shall be punishable according to the laws of the state. 

ARTICLE IN.— Powers and Duties of Officers. 

§ 1. Every person chosen or appointed to an executive, Takeoatb. 
judicial or administrative office, under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this 
state, and file the same, duly certified by the officer before 
whom it was taken, with the city clerk. 

§ 2. The mayor shall, before he enters upon the duties oath of mayor. 
of his office, in addition to the usual oath, swear or affirm 
"that he will devote so much of his time to the duties of 
his office as an efficient and faithful discharge thereof may 
require." He shall preside over the meetings of the city 
council, and shall take care that the laws of this state and 
the ordin^ances of this city are duly enforced, respected 
and observed within this city, and that all other officers of 
the city discharge their respective duties ; and he shall 
cause negligence and positive violation of duty to be pros- 
ecuted and punished. He shall, from time to time, give 
the city council such information, and recommend such • 

measures, as he may deem advantageous to the city. 

§ 3. He is hereby authorized to call on any and all Riot. 
white male inhabitants of the city or county, over the age 
of eighteen years, to aid in the enforcing the laws of the 
state, or the ordinances of the city; and in case of riot to.call 
out the militia to aid in suppressing the same, or carrying 
into effect any law or ordinance; and any person who shall 
not obey such call shall forfeit to said city a fine of not 
less than five dollars. 

§ 4. He shall have power, whenever he may deem it Exhibit of toots, 
necessary, to require of any of the officers of the city, an 
exhibit of all his books and papers; and he shall have. 



1864. 40 

power to execute all acts that may be required of him by 
this act or any ordinance made in pursuance thereof. 

Indictment. § ^' "^^ shall be liable to indictment in the circuit 

court of Sangamon county for palpable omission of duty, 
wilful oppression, malconduct or partiality in the discharge 
of the duties of his office, and upon conviction shall be 
subject to a fine not exceeding one hundred dollars ; and 
the court shall have power, upon recommendation of the 
jury, to add as part of the judgment that he be removed 
from ofiice. 

Salary. § 6. He shall reccive such salary as may be fixed by 

ordinance, not exceeding six hundred dollars per annum. 

Ordinances and § 7. All Ordinances and resolutions shall, before they 

resolutions. ^^^^ ^ff^^^^ ^^ pj^^^^^ ^^ ^^^ ^g^^.^ ^f ^j^^ ^-^^ ^j^^.]^^ ^^^ 

if the mayor approve thereof, he shall sign the same, and 
such as he shall not approve he shall return to the city 
council, with his objections thereto. Upon the return of 
any ordinance or resolution by the mayor, the vote by 
which the same was passed shall be reconsidered, and if 
after such reconsideration a majority of all the members 
elected to the city council shall agree, by the " ayes and 
noes," which shall be entered upon the journals, to pass 
the same, it shall go into effect ; and if the mayor shall 
neglect to approve or object to any such proceedings for 
a longer period than three days after the same shall be 
placed in the clerk's office as aforesaid, the same shall go 

A«iiuiuister oaths into cffect. He shall, ex officio, have power to administer 
any oath required to be taken by this act, or any law of 
the state; to take depositions, the acknowledgment of deeds, 
mortgages and all other instruments of writing, and cer- 
' tify the same, under the seal of the city, which shall be 

good and valid in law. 

vaoaney. § 8. In case of vacaucy in the office of mayor, or of 

his being unable to perform the duties of his officfe, by rea- 
son of temporary or continued absence or sickness, the 
city council shall appoint one of its members, by ballot, to 
preside over their meetings, whose official designation shall 
be ^^Acting Mayor;''^ and the alderman so appointed shall 
be vested with all the powers and perform all the duties 
of mayor until the mayor shall assume his office, or the va- 
cancy shall be filled by a new election. 

Fire wardens and § 9. The members of the city council shall be ex offi- 

p'eace?''''"^'' °^ czo fire Wardens and conservators of the peace within the 
city, and shall be exempt from jury duty and street labor, 
or the payment of street taxes, during their term of office. 

conwate ieai, § 10. The clcrk shall keep the corporate seal and all 
papers and books belonging to the city. He shall attend 
all meetings of the city council, and keep a full record of 
their proceedings on the journals ; and copies of all papers 
duly filed in his office, and transcripts from the journals of 



41 1854. 

the proceedings of the city council, certified by him under 
the corporate seal, shall be evidence in all courts in like 
manner as if the originals were produced. He shall like- 
wise draw all warrants on the treasury and countersign the 
same, and keep an accurate account thereof, in a book 
provided for that purpose. He shall also keep an accu- 
rate account of all receipts and expenditures in such man- 
ner as the city council shall direct ; and he shall have 
power to administer any oath required to be taken by this 
act. 

§ 11. It shall be the duty of the city attorney to per- city attorney. 
form all professional services incident to his office, and 
when required to furnish written opinions upon questions 
and subjects submitted to him by the mayor or the city 
council, or its committees : Provided, however, that the 
offices of city clerk and city attorney may be vested in 
tlie same person. 

§ 12. The city treasurer shall receive all moneys be- Duty city treasu- 
longing to the city, and shall keep an accurate account of ^ ^' 
all receipts and expenditures, in such manner as the city 
council shall direct. All moneys shall be drawn from the 
treasury in pursuance of an order of the city council, by 
a treasury warrant, signed by the mayor or the presi- 
ding officer of the city council, and countersigned by the 
clerk ; such warrant shall specify for what purpose the 
amount therein named it to be paid. The treasurer shall 
exhibit to the city council, at least twenty days before the 
annual election of each year, and oftener if required, a 
full and detailed account of all receipts and expenditures 
since the date of the last annual report, and also the state 
of the treasury; which account shall be filed in the office 
of the clerk. 

§ 13. The city marshal shall perform such duties as cuy marshal. 
shall be prescribed by the city council for the preservation 
of the public peace, the collection of license moneys, fines, 
or otherwise. He shall possess the powers and authority 
of a constable at common law, and under the statutes of 
the states, and receive like fees, but shall not serve civil 
process without first entering into bond as such constable, 
to be approved by the county court as in other cases. He 
shall execute and return all process issued by any proper 
officer under this act, or any ordinance in pursuance thereof. 

§ 14. The city engineer or surveyor shall have the sole surveyor. 
power, under the direction and control of the city council, 
to survey within the city limits, and he shall be governed 
by such rules and ordinances and receive such fees and 
emoluments for his services as the city council shall direct 
and prescribe. He shall possess the same powers in ma- 
king plats and surveys within the city, as is given by law 
to county surveyors, and the like effect and validity shall 



1854. 42 

be given to his acts^ and to all plats and surveys made by 
him, as are or may be given by law to the acts, plats and 
surveys of the county surveyor. He shall, when required, 
superintend the construction of all public works ordered 
by the city, make out the plans and estimates thereof, and 
contract for the execution of the same. He shall perform 
all surveying and engineering ordered by the cjty council, 
shall, under their direction, establish the grades and boun- 
daries of streets and alleys ; but such plans, estimates and 
contracts, grades and boundaries shall be first reported to 
the city council, and approved by them, or they shall not 
be valid. 

Assessor and col- ^ § 15, TJic asscssor and collector shall perform all du- 
ties in relation to the assessing of property for the purpose 
of levying the taxes imposed by the city council. In the 
performance of his duties he shall have the same powers 
as are or may be given by law to county or town assessors, 
and be subject to the same liabilities. On completing the 
assessment lists, and having revised and corrected the 
same, he shall sign and return them to the city council. 
He shall collect all taxes and assessments which may be 
levied by the city council, and perform such other duties 
as may be herein prescribed or ordained by the city coun- 
cil. 

superTiBor. § 16. The Supervisor shall superintend all local im- 

provements in the city, and carry into effect all orders of 
the city council in relation thereto. It shall also be his 
duty to superintend and supervise the opening of streets 
and alleys, and the grading, improving and opening there- 
of, and the construction and repairing of bridges, culverts 
and sewers ; to order the laying, relaying and repairing of 
sidewalks, to give notice to the owners of property adjoin- 
ing such sidewalks, when required, and upon the failure 
of any person to comply with such notice, to cause the same 
to be laid, relaid and [or] repaired, and apportion the cost 
thereof among the persons or lots properly chargeable 
therewith, anddeliver the account thereof to the city clerk, 
to be laid before the city council ; to make plans and es- 
timates of any work ordered in relation to streets and 
alleys, bridges, culverts or sewers ; to keep full and accu- 
rate accounts, in appropriate books, of all appropriations 
mace for work, pertaining to his office, and of all disburse- 
ments thereof, specifying to whom made, and on what ac- 
count, and he shall render monthly accounts thereof to the 
city council. 

^oS.'*""^''^ § 17. The city council shall have power from time to 
time to require further and other duties of all officers 
whose duties are herein prescribed, and prescribe the pow- 
ers and duties of all officers elected or appointed [to any 
office] under this act, whose duties are not herein specifi- 



43 1854. 

cally mentioned, and fix their compensation. They may 
also require all officers, severally, before they enter upon 
the duties of their respective offices, to execute a bond to 
the city of Springfield, in such sum and with such securi- 
ties as they may approve, conditioned that they shall faith- 
fully execute the duties of their repective offices, and ac- 
count for and pay over and deliver all moneys and other 
property received by them; which bond, with the approval ' 
of the city council certified thereon by the clerk, shall be 
filed in his office. 

§ 18. If any person, having been an officer of said city , P«°^*y°^g°«|; 
shall not, within ten days after notification and request, books, &c., t« 
deliver to his successor in office all the property, books, 
papers and effects of every description, in his possession, 
belonging to said city, or appertaining to his said office, he 
shall forfeit and pay, for the use of the city, fifty dollars, 
besides all damages caused by his refusal or neglect so to 
deliver. And such successor may receive [^recover'} pos- 
session of the books, papers and effects belonging to his 
office in the manner prescribed by the laws of the state. 

§ 19. All officers elected or appointed under this act^<'°™''*^°°''^- 
shall be commissioned by warrant, under the corporate seal, 
signed by the mayor or presiding officer of the city coun- 
cil and clerk. 

ARTICLE Y.— Of the Legislative Power of the City Coun- 
cil — its General Powers and Duties. 

§ 1. The mayor and aldermen shall constitute the city city cooncu. 
council of the city. The city council shall meet at such 
time and place as they shall by motion [resolution'] direct. 
The mayor, when present, shall preside at all meetings of 
the city council, and shall have only a casting vote ; in his 
absence any one or the aldermen may be appointed to pre- 
side. A majority of the persons elected aldermen shall 
constitute a quorum. 

§ 2. No member of the city council shall, during the ^".X'^^Vone" 
period for which he is elected, receive any compensation from treasBry. 
for his services, or be appointed to or be competent to 
hold any office of which the emoluments are paid from the 
city treasury, or paid by fees directed to be paid by any 
act or ordinance of the city council, or be directly or in- 
directly interested in any contract the expense or consid- 
eration whereof are to be paid under any ordinance of the 
city council, or be allowed to vote in any matter in which 
he is directly interested, personally or pecuniarily. 

§ 3. The city council shall hold twelve stated meetings Meetings. 
(one in each month,) during the year, and the mayor and 
\or'] any two aldermen may call special meetings, by no- 
tice to each of the members of the council, served person- 



1854. 



44 



Borrow money. 



Diseases. 



Streets, &c. 



ally or left at their usual places of abode. Petitions and 
remonstrances may be presented to the city council, and 
they shall determine the rule of their own proceedings, and 
be the judges of the election and qualification of their own 
members, and shall have power to compel the attendance 
of absent members. 

§ 4. The city council shall have the control of the 
finances and of all the property, real, personal and mixed, 
belonging to the corporation, and shall likewise have pow- 
er, within the jurisdiction of the city, by ordinance — 

First — To borrow money on the credit of the city, and 
issue the bonds of the city therefor ; but no sum of money 
shall be borrowed at a higher rate of interest than the rate 
allowed by law, nor shall a greater sum or sums be bor- 
rowed, or at any time outstanding, the interest upon the 
aggregate of which shall exceed the one-half of the city 
revenue arising from the ordinary taxes within the city for 
the year immediately preceding, and no bonds shall be is- 
sued or negotiated at less than par value. The appropri- 
ations of the city council for payment of interest for im- 
provements, and for city expenses, during any one fiscal 
year, shall not exceed the amount of the whole ordinary 
revenue of the city for the fiscal year immediately prece- 
ding ; but the city council may apply any surplus money 
in the treasury to the extinguishment of the city debt, or 
to the creation of a sinking fund for that purpose, or to 
the carrying on of the public works of the city, or to the 
contingent fund for the contingent expenses of the city. 

Second — To appropriate money and to provide for the 
payment of the debts and expenses of the city. 

Third — To make regulations to prevent the introduc- 
tion of contagious diseases into the city, to make quaran- 
tine laws for that purpose, and to enforce them within the 
city, and within five miles thereof. 

Fourth — To make regulations to secure the general 
health and comfort of the inhabitants to prevent, abate 
and remove nuisances, and punish the authors thereof by 
penalties, fine and imprisonment; to define and declare 
what shall be deemed nuisances, and authorize and direct 
the summary abatement thereof. 

Fifth — To provide the city with water; to make, regulate 
and establish public wells, pumps and cisterns, by drains 
[hydrants'\ and reservoirs in the streets within the city or 
beyond the limits thereof, for the extinguishment of fires 
and the convenience of the inhabitants, and to prevent the 
unnecessary waste of water. 

Sixth — To have the exclusive control and power on 
[ot^er] the streets, alleys and highways of the city, and to 
abate and remove any encroachments or obstructions 
thereon ; to open, alter, abolish, widen, extend, straighten, 



45 1854. 

establish, regulate, grade, clean, or otherwise improve the 
same ; to put drains and sewers therein, and prevent the 
incumbering thereof in any manner, and protect the same • 
from any encroachment or injury. 

Seventh — To establish, erect, construct, regulate and Bnagesj &c. 
keep in repair bridges, culverts and sewers, sidewalks and » 
cross ways, and regulate the construction and use of the 
same, and to abate any obstructions or encroachments 
thereof; toestablish, alter, change and straighten the chan- 
nels of water courses and natural drains, to sewer the 
same, or wall them up and cover them over, and to pre- • 

vent, regulate and control the fitting up, altering cr chang- 
ing the channels thereof by private persons. 

Eighth — To provide for lighting the streets and erecting Lighting streets. 
lamp posts and lamps therein, and regulate the lighting 
thereof, and from time to time create, alter or extend lamp 
districts ; to exclusively regulate, direct and control the 
laying and repairing of gas pipes and gas fixtures in the 
streets, alleys and sidewalks. 

Ninth — To establish and erect markets and market- Markets, 
houses, and other public buildings of the city, and pro- 
vide for the government and regulation thereof, and their 
erection and location, and to authorise their erection in 
the streets and avenues of the city, and the continuation 
of such as are already erected within the same. 

Tenth. — To provide for the enclosing, regulating and p^^^''^ grounds. 
improving all public grounds and cemeteries belonging to 
the city, and to direct and regulate the planting and pre- 
serving of ornamental and shade trees in the streets or 
public grounds. 

Eleventh — To erect and establish one or more hospi- 
tals or dispensaries, and control and regulate the same. 

Twelfth — To prevent the incumbering of the streets, incumbering ©r 
alleys, sidewalks or public grounds with carriages, wag- 
gons, carts, wheelbarrows, boxes, lumber, timber, fire 
wood, posts, awnings, signs, or any other substance or 
material whatever ; to compel all persons to keep the 
snow, ice, dirt, and other rubbish from the sidewalks and 
street gutter in front of the premises occupied by them. 

Thirteenth — To license, tax, and regulate merchants. Tax, mejchants, 
commission merchants, inn keepers, brokers, money brok- *"^ 
ers, insurance brokers, and auctioneers, and to impose 
duties upon the sales of goods at auction*. To license, 
tax, regulate, suppress and prohibit hawkers, pedlers, 
pawnbrokers, grocery keepers, and keepers of ordinaries, 
theatrical or other exhibitions, shows and amusements. 

Fourteenth — To license, tax, regulate and suppress Hackmen, &c. 
hackmen, draymen, omnibus drivers, porters, and all others 
pursuing like occupations, with or without vehicles, and 



1854. 



46 



Billiard 
£cc. 



Intoxicating 
quors. 



Weights, 
Tires. 



Lumter, &.c. 



prescribe their compensation, and to regulate and restrain 
runners for stages, cars, and public houses. 
tatjies, Fifteenth — To license, tax, regulate, prohibit and sup- 
press billiard tables, pin alleys, and ball alleys. To sup- 
press and restrain disorderly houses, tippling shops and 
groceries, bawdy houses, gaming and gambling houses, 
lotteries, and all fraudulent devices and practices, and all 
playing of cards, dice, and other games of chance, with 
or without betting, and to authorize the destruction of all 
instruments and devices used for the purpose of gaming. 

Sixteenth — To authorize the proper officer of the city 
to grant and issue licenses, and to direct the manner of 
issuing and registering thereof, and the fees and charges 
to be paid therefor. No license shall be granted for more 
than one year, and not less than three dollars nor more 
than five hundred dollars shall be charged for any license 
under this act, and the fees for issuing the same shall not 
exceed one dollar; but no license for the sale of wines or 
other liquors, ardent or vinous, fermented or malt, at 
wholesale or retail, by grocery keepers, inn keepers, or 
others, shall be issued for less than fifty dollars. 

Seventeenth — To restrain, regulate and prohibit the 
selling or giving away of any intoxicating or malt liquors 
by any person within the city, except by persons duly li- 
censed. To forbid and punish the selling or giving away 
any intoxicating or malt liquors to any minor, apprentice 
or servant, without the consent of the parent, guardian, 
master or mistress. 

Eighteenth — To prevent, restrain and punish forestall- 
ing and regrating. To regulate the inspection and vending 
of fresh meats, poultry, and vegetables — of butter, lara, 
and other provisions, and the place and manner of selling 
fish, and inspecting the same. 

Nineteenth — To regulate, license and prohibit butchers, 
and to revoke their licenses for malconduct in the couJte 
of trade. 

Twentieth — To establish standard weights and meas- 
ures, and regulate the weights and measures to be used 
within the city, in all cases not otherwise provided by law. 
To require all traders or dealers in merchandise, or prop- 
erty of any description which is sold by measure or 
weight, to cause their measures and weights to be tested 
and sealed by the city sealer, and to be subject to his in- 
spection. The standard of such weights and measures shall 
be conformable to those established by law or ordinance. 

Twenty-first — To regulate and provide for the inspect- 
ing and measuring of lumber, shingles, timber, posts, 
staves, heading, and all kind of [building] materials, and 
for the measuring of all kinds of mechanical work, and to 
appoint one or more inspectors or measurers. 



47 1864. 

Twenty-second — To provide for the inspection and^*'"*'''- 
weighing of hay, lime and stone coal, and the place and 
manner of selling the same. To regulate the measure- 
ment of fire wood, charcoal and other fuel to be sold or 
used within the city, and the place and manner of selling 
the same. 

Twenty-third — To regulate the inspection of beef, pork, Beef, &c. 
flour, meal, and other provisions; salt, whisky and other 
liquors to be sold in barrels, hogsheads and other vessels 
or packages. To appoint weighers, gaugers, and inspec- 
tors, and prescribe their duties and regulate their fees : 
Provided, that nothing herein shall be so construed as to 
require the inspection of any articles enumerated herein 
which are to be shipped beyond the limits of the state, ex- 
cept at the request of the owner thereof, or his agent. 

Twenty-fotirth — To regulate the weight and quality of Bread. 
bread to be sold or used within the city. 

Twenty-fifth — To regulate the size and quality of bricks Bru*s. 
to be sold or used within the city, [andj the inspection 
thereof. 

Twenty-sixth — To create, establish and regulate thePoiice. 
police of the city, to appoint watchmen and policemen, 
and prescribe their duties and powers. 

Twenty-seventh — To prevent and suppress any riot, sjot, 
rout, affray, noise, disturbance, or disorderly assembly, in 
any public or private place within the city. 

Twenty-eighth — To prohibit, prevent, and suppress Horse racing. 
horse racing, immoderate riding or driving in the streets, 
and to authorize persons immoderately riding or driving 
as aforesaid to be stopped by any person; to prohibit and 
punish the abuse of animals; to compel persons to fasten 
their horses or other animals attached to vehicles or 
otherwise, while standing or remaining in the streets. 

Twenty-ninth — To restrain and punish vagrants, mendi- 
cants, street beggars, and prostitutes. 

Thirtieth — To regulate, restrain or prohibit the running Horses, gheep, 



&c. 



at large of horses, cattle, swine, sheep, goats and geese, 
and to authorize the distraining, impounding and sale of 
the same for the costs of the proceedings and the penalty 
incurred, and to impose penalties on the owners thereof 
for a violation of any ordinance in relation thereto. To 
regulate, restrain and prohibit the running at large of 
dogs, and to authorize their destruction when at large 
contrary to ordinance, and to impose penalties on the own- 
ers or keepers thereof. 

Thirty-first — To prohibit and restrain the rolling of unneceswry 
hoops, flying of kites, or any other amusements or prac- ""■^*"*^- 
tices tending to annoy persons passing on the streets or 
sidewalks, or to frighten horses or teams; to restrain and 
prohibit the ringing of bells, blowing of horns or bugles, 



1854. 



48 



Nuisances. 



BrewerleS} &c. 



Burial of dead. 



Bounieration 
inhabitants. 



Work 'liouse. 



crying of goods, or [and] all other noises, performances 
and practices tending to the collecting of persons on the 
streets or sidewalks by auctioneers and others for the pur- 
pose of business, amusement or otherwise. 

Thirty-second — To abate all nuisances which may in- 
jure or affect the public health or comfort, in any manner 
they may deem expedient. 

Thirty-third — To do all acts and make all regulations 
which may be necessary or expedient for the promotion 
of health and the suppression of disease. 

Thirty-fourth — To compel the owner or occupant of 
any grocery, cellar, soap or tallow chandler, or black- 
smith shop, tannery, stable, privy, sewer, or other un- 
wholesome or nauseous house or place, to cleanse, re- 
move or abate the same, as may be necessary for the 
health, comfort and convenience of the inh^itants. 

Thirty-fifth — To direct the location and regulate the 
management and construction of breweries, tanneries, 
blacksmith shops, founderies, livery stables and packing 
houses. To direct the location and regulate the manage- 
ment and construction of, and restrain, abate and pro- 
hibit within the city, and to the distance of one mile from 
the limits thereof, distilleries, slaughtering houses, [estab- 
lishments,] establishments for straining [steaming] or 
rendering lard, tallow, offal, and such other substances as 
may be rendered, and all other establishments or places 
when [where] any nauseous, offensive or unwholesome 
business may be carried on. 

Thirty-sixth — To regulate the burial of the dead, to 
establish and regulate one or more cemeteries, to regulate 
the registration of births and deaths, to direct the return- 
ing and keeping of bills of mortality, and to impose penal- 
ties on physicians, and sextons, and others, for any default 
in the premises. 

E Thirty-seventh— To provide for the taking an enumer- 
ation of the inhabitants of the city. 

Thirty-eighth— To erect and establish a work-house, or 
house of correction, make all necessary regulations there- 
for, and appoint all necessary keepers or assistants. In 
such work-house or house of correction may be confined 
all vagrants, stragglers, idle and disorderly persons who 
may be committed thereto by any proper officer, and all 
persons sentenced by any criminal court or magistrate in 
and for the city, or for the county of Sangamon, for any 
assault and battery, petit larceny, or other misdemeanor 
punishment [punishable] by imprisonment m any county 
fail; and any person who shall fail or neglect to pay any 
fine, penalty or costs imposed by any ordinance of the 
city for any misdemeanor, or breach of any ordinance of the 
city, may, instead of being committed to the county jail of 



49 1854. 

Sangamon county, be kept therein, subject to labor and 
confinement. 

Thirty-ninth — To authorize and direct the taking up Safe keeping of 
and providing for the safe keeping and education, for such tnte ^Tt proW 
periods of time as may be deemed expedient, of all chil- ^^^' 
dren who are destitute of proper parental care, wander- 
ing about the streets, committing mischief, and growing 
up in mendicancy, ignorance, idleness and vice. 

Fortieth — To fill up, drain, cleanse, alter, relay, repair Drains, &e. 
and regulate any grounds, lots, yards, cellars, private 
drains, sinks and privies, direct and regulate their con- 
struction, and cause the expenses thereof to be assessed 
and collected in the same manner as sidewalk assess- 
ments. 

Forty-first — To direct and control the laying and con- 
struction of railroad tracks, bridges, turn-outs and switch- 
es in the streets and alleys, and the location of depot 
grounds within the city. To require that railroad tracks, 
bridges, turn-outs and switches shall be so constructed 
and laid as to interfere as little as possible with the or- 
dinary travel and use of the streets and alleys ; and that 
sufficient space shall be left on either side of said tracks 
for the safe and convenient passage of teams and persons. 
To require railroad companies to keep in repair the 
streets through which their track may run, and to con- 
struct and keep in repair suitable crossings at the inter- 
sections of streets and alleys, and ditches, sewers and 
culverts, when the city council sliall deem necessary. To 
direct and prohibit the use, and regulate the speed of lo- 
comotive engines within the inhabited portions of the city. 
To prohibit and restrain railroad companies from doing 
storage or warehouse business or collecting pay for storage. 

Forty-second — The city council shall have power to ^'■'^'"^"'^*'*- 
pass, publish, amend and repeal all ordinances, rules and 
police regulations not contrary to the constitution of the 
United States and [or] of this state, for the good govern- 
ment, peace and order of the city, and the trade and con- 
venience [com?nerce'] thereof, that may be necessary or prop- 
er to carry into effect the powers vested by this act in the 
corporation, the city government, or any department or 
office thereof, to enforce the observance of ail such rules, 
ordinances and police regulations, and to punish viola- 
lions thereof by fines, penalties and imprisonment in the 
county jail, city prison, or work house, or botli, in the 
discretion of the court or magistrate befor§ whom cor- 
rection [convzctioJil may be had. But no fine or penalty 
shall exceed five hundred dollars, nor the imprisonment 
six months for any offence, and such fine or penalty may 
be recovered, with costs, in an action of debt, in the name 
or for the use of the city, before any coiirt having juris- 
4 



1854. 50 

diction, and punishment inflicted; and any person upon 
whom any fine or penalty is imposed shall stand commit- 
ted until the payment of tlie same and costs, and in de- 
fault thereof may be imprisoned in the county jail, city 
prison or work house, or required to labor in [on] the 
streets or other public works of the city, for such time 
and in such manner as may be provided by ordinance. 

ARTICLE VI.— 0/ Taxation. 

§ 1. The city council shall have power within the city 
by ordinance : 

^"''*- First — To levy and collect, annually, taxes not ex- 

ceeding five mills to the dollar on the assessed value of 
all real and personal estate, and property within the city, 
and all personal property of the inhabitants thereof, made 
taxable by the laws of the state for state purposes, to de- 
fray the general and contingent expenses of the city not 
herein otherwise provided for ; which taxes shall consti- 
tute the general fund. 
^sch.x.itax. Second — To annually levy and collect a school tax not 

exceeding five mills on the dollar on all property taxable 
for state purposes, for purchasing ground for school hous- 
es, building and repairing school houses, and supporting 
and maintaining schools. 

^dmT^'^^'*^ ''''" Third— To levy and collect taxes, not exceeding fire 
mills to the dollar per annum, on all property subject to 
taxation, to meet the interest accruing on the debt of the 
city. And the city council shall pass no ordinance or 
resolution incurring or creating a debt without, at the 
same time, making provisions for the levying a tax suf- 
ficient to meet the payment of the interest accruing there- 
on when payable. 

Tax for city sup- Fourth — To annually levy and collect taxes on all 
property subject to taxation when required, for the erec- 
tion of a city hall, markets, hospital, city prison or work 
house, the purchase of market grounds, public squares or 
parks, or any other public improvements : Provided.^ the 
estimated costs of a city hall, work house or market house 
may be apportioned by the city council, and collected by 
a series of annual assessments. But the cost of market 
grounds, markets, public squares, or other improvements, 
may be levied and collected upon all the real estate and 
other property in the natural division of the city in whicii 
they are located. No local improvement under this sec- 
tion shall be ordered in any division, unless a majority of 
the aldermen thereof shall vote in favor of the same. But 
no tax or taxes shall be levied in any one year under this 
section which shall exceed five mills to the dollar on the 
property assessed for any or all the purposes herein specified. 



51 1854. 

The revenues arising from such market or other improve- '^pf^,^/"" '^"'" 
ments shall be applied to the liquidating the costs there- 
of, and taxes shall be levied and collected to make up the 
deficiency. 

Fifth — To levy and collect, upon all property in such street tax. 
district as they shall, from time to time, create, a tax suf- 
ficient to defray one half of the expenses of erecting lamp 
posts and lamps, and lighting the streets in such districts; 
and the tax thus collected shall be exclusively expended 
for such purposes in the district paying the same. 

Sixth — To require (and it is hereby made the duty of ) street tax. 
every male resident of the city over the age of twenty-one 
years, and under the age of fifty years, to labor three days 
in each year upon the streets and alleys of the city; but 
any person may, at his option, pay in lieu thereof two dol- 
lars : Provided, the same shall be paid within ten days 
after notification by the supervisor. In default of pay- 
ment as aforesaid, the sum of three dollars and costs may 
be collected, and no set-ofF shall be allowed in any suit 
brought to collect the same. 

ARTICLE VII. — Of tdssessmenfs for Opening Street/^ 
and Jilleys. 

§ 1. The city council shall have power to open andP"^"'= ^f'^^m<\9., 
lay out public grounds or squares, streets, alleys and high- 
ways, and to alter, widen, construct, straighten and dis- 
continue the same. But no street, alley or highway, or 
any part thereof, shall be discontinued or contracted with- 
out the consent in writing of all persons owning land or 
lots adjoining said street, alley or highway. They shall 
cause all streets, alleys and highways, or public squares 
or grounds laid out by them, to be surveyed, described 
and recorded in a book to be kept by the clerk, showing 
accurately and particularly the proposed improvements, 
and the real estate required to be taken ; and the same, 
when opened and made, shall be public highways and pub- 
lic squares. 

§ 2. Whenever any street, alley or highway, public compensatioa. 
ground or square, is proposed to be laid out, opened, al- 
tered, widened or straightened, by virtue hereof, and the 
amount of compensation cannot be agreed upon, the city 
council shall give notice of their intention to appropriate 
and take the land necessary for the same, to the owner 
thereof, by publishing said notice for ten days in the news- 
paper publishing the ordinances of the city ; at the expira- 
tion of which time they shall choose by ballot three dis- 
interested freeholders, residing in the city, as commission- 
ers, to ascertain and assess the damages and recompense 
due the owners of said real estate respectively, and at the 



1854. 02 

Sworn. same time to determine what persons will be benefitted 

by such improvement, and assess the damages and expen- 
ses thereof on the real estate benefitted thereby, in pro- 
portion, as nearly as may be, to the benefits resulting to 
each. A majority of all the alderman authorized by law 
to be elected shall be necessary to a choice of such com- 
missioners. 

The commissioners shall be sworn faithfully and impar- 
tially to execute their duties to the best of their abilities; 
before entering upon their duties, they shall give at least 
five days notice to all persons interested of the time and 
place of their meeting for the purpose of viewing the 
premises and making their assessments; which notice shall 
be given personally, if the owners are residents and known, 
or by publication in the newspaper publishing the ordi- 
nances of the city, if non-residents or unknown; they shall 
view the premises, and in their discretion receive any legal 
evidence, and may, if necessary, adjourn from day to day. 

§ 4. If there should be any buildings standing in whole 
Valuation, how or in part upon the land to be taken, the commissioners, 
"^^ ^' before proceeding to make their appraisement [assess- 

Tnenf] shall first estimate and determine the whole value 
of such building to the owner, aside from the value of the 
land, and the actual injury to him in having such building 
taken from him ; and secondly, the value of such building 
to him to remove. 

§ 5. At least five days notice shall be given to the 
Notice. owner of such determination when known, and a resident 

of the city, which may be given personally or in writing, 
• left at his usual place of abode. If a non-resident, or un- 
known, like notice to all persons interested shall be given 
by publication in the newspaper publishing the ordiaances 
of the city. Such notice shall specify the buildia :3, and 
the award of the commissioners, and shall be sigi>ed by 
them. It shall also require the persons interested to ap- 
pear by a day to be named therein, or give nouce oi 
their election to the city council, either to acc«:pt the 
award of the commissioners, and allow such building 
to be taken with the land condemned or appropria- 
ted, or of their intention to receive such building at 
the value set thereon by the comraisssioners to remove ; if 
the owner shall agree to remove such building, iie shall 
have such reasonable time for that purpose as t'\e city 
council may direct. 

§ 6. If the owner refuses to take the buildia <;^ at its 
little of buiwing. appraised value to remove, or fail to give notice of his in- 
tention as aforesaid within the time prescribed, the city 
council shall have power to direct the sale of such build- 



53 iC'o4. 

ing at public auction, for cash or on a credit, giving five 
days public notice of tlie sale. The proceeds of the sale 
shall be paid to the owner, or deposited to his use. 

§ 7. The commissioners shall thereupon proceed to Assessment of 
make their assessment, apd determine and appraise to the 
owner the value of the real estate ap})ropriated, and the 
injury arising from the condemnation thereof, which shall 
be awarded to such owner as damages, after making due 
allowance therefrom for any benefit which such owner 
may derive from such improvement. In tlie estimate of 
damaee to the land, the commissioners shall include the 
value of the buildings, (if the property of the owner of the 
land,) as estimated by them as aforesaid, less the pro- 
ceeds of tlie sale thereof, or if taken by the owner at the 
value to remove, in that case they shall only include the 
difference between such value and the whole estimated 
value of such building. 

§ 8. If the damage to any person be greater than the strike baianec. 
benefits received, or if the benefit be greater than the 
damages, in either case the commissioners shall strike a 
balance, and carry the difference forward to another col- 
umn, so that the appraisement [assessment] may show what 
amount is to be received or paid by such owners respec- 
tively, and the difference only shall, in any case, be col- 
lectable of or paid to tiiem. 

§ 9. If the lands and buildings belonging to different 
persons, or if the land be subject to lease or mortgage, 
the injury done to such persons respectively may be 
awarded to them by the commissioners, less the benefit re- 
sulting to them respectively from the improvements. 

5 10. Having: ascertained the damages and expenses Retn^^fasseasi 
of such improvement as aforesaid, trie commissioners shall missionera. 
thereupon apportion and assess the same, together with 
the costs of the proceedings upon the real estate by them 
deemed benefitted, in proportion to the benefit resulting 
from the improvements, as nearly as may be, and shall de- 
scribe the real estate upon which their assessment may be 
made ; when completed, the commissioners shall sign and 
return the same to the city council, within thirty days of. 
their \_assess7nent] appointment. 

§ 11. The clerk shall give ten days notice by pubitea-Nooc?. 
tion in the newspaper publishing the ordinances of the city 
that such assessment has been returned, and on a d';xy to 
be specified therein will be confirmed by the city council, 
unless objections to the same are made by some person 
interested. Objections may be heard before the city 
council, and the hearing may be adjourned from day to 
day. The council shall have power, in their discre- - - 

tion, to confirm or annul the assessment, or refer 
the same back to the commissioners; if annulled, all the 



1854. 54 

proceedings shall be void — if confirmed, an order of con- 
firmation shall be entered, directing a warrant to issue for 
the collection thereof; if referred back to the same or 
other commissioners, they shall proceed to make their as- 
sessment, and return the same in like manner, and give 
like notices as herein required in relation to the first, and 
all parties interested [m interestl^ shall have the like no- 
tice and rights, and the city council shall perform like 
duties, and have like powers, in relation to any subse- 
quent determination, as are herein given in relation to the 
first. 
Kemove commis- A 12. The city councii shall have power to remove 

sioners. ' . . ^ r . • , • • , i i 

commissioners, and, irom time to time, appoint others in 
place of such as may be removed, refuse, neglect, or are 
unable, from any cause, to serve. 

Lands taken. ^ 13. The land required to be taken for the making, 

opening, widening, straightening or altering any street, 
alley or other highway, or public ground or square, shall 
not be appropriated until the damages awarded therefor, 
to any owner thereof, under this act, shall be paid or 
tendered to such owner or his agent; or, in case such 
owner or his agent cannot be found within the city, de- 
posited to his or their credit in some safe place of deposite 
other than the hands of the treasurer, and then, and not 
before, such lands may be taken and appropriated for the 
purpose required in making such improvements, and such 
streets, alleys and [or] other highways or public grounds 
may be made and opened. 

§ 14. When the whole of any lot or parcel of land, or 
• other premises, under lease or other contract, shall be ta- 
ken for any of the purposes aforesaid, by virtue of this act, 
all the covenants, contracts and engagements between 
landlord and tenant, or any other contracting parties, 
touching the same or any part thereof, shall, upon the con- 
firmation of the report of the commissioners, respectively 
cease and be absolutely discharged. 

When part taken. §15- When part Only of any lot, parcel of land, or 
other premises, so under lease or contract, shall be taken 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts, agreements and engagements 
respecting the same, upon the confirmation of the report 
of the commissioners, shall be absolutely discharged, as 
to that part thereof so taken, but shall remain valid as to 
the residue thereof, and the rents, consideration and pay- 
ments reserved payable and to be paid for, or in respect 
to the same, shall be so proportioned as that the part 
thereof justly and equitably payable for such residue 
thereof, and no more, shall be paid or recoverable, in any 
respect of the same. 



5S 1854. 

§ 16. Any person interested may appeal from any final'*'''^**''" 
order of the city council for opening, altering, widening 
or straightening any street, alley or other highway or pub- 
lic ground, to the circuit court of Sangamon county, by 
notice in writing to the mayor, at any time before the ex- 
piration of twenty days after the passage of said tinal or- 
der. In case of appeal, the city council shall make a re- 
1 turn within thirty days after notice thereof, and the court 
shall, at the next term after return filed in the office of 
the clerk thereof, hear and determine such appeal, and con- 
firm or annul the proceedings, from which appeal no judg- 
ment or writ of error shall lie. Upon the trial of appeal, 
all questions involved in said proceedings, including the 
amount of damages, shall be open to investigation by af- 
fidavit or oral testimony adduced to the court ; or upon 
application of the city or any party, the amount of dam- 
ages may be assessed by a jury in said court, without 
formal pleadings, and judgment rendered accordingly ; 
and the burden of the proof shall, in all cases, be upon the 
city to show that the proceedings are in conformity with 
this act. 

§ 17. In all cases where there is no agreement to the Laa/iiord pay 
contrary, the owner or landlord, and not the tenant or oc- 
cupant, shall be deemed the person who shall and ought 
to pay and bear every assessment made for the expense 
of any public improvement. Where any such assessment " 

shall be made upon or paid by any person, when, by 
agreement or by law, the same ought to be borne or paid 
by any other person, it shall be lawful for one so paying 
to sue for and recover of the persons bound to pay the 
same, the amount so paid, with interest. Nothing herein 
contained shall, in any way, impair or eflect any agree- 
ment between landlord and tenant, or other person, re- 
specting the payment of such assessments. 

§ 18. The city council may, by ordinance, make any Charges. 
changes they may deem advisable in the proceedings 
herein prescribed, for ascertaining the damages and in- 
jury occasioned to any person, or real estate, by reason 
of the condemnation of such real estate, or any real estate 
upon which any buildings may be situated, in whole or in 
part, and the assessment of such damages and injury upon 
persons or real estate benefitted by the improvement, and 
in all such other respects as experience may suggest. 

5 19. When any known owner, or other person having RWits oi u 
an mterest in any real estate, residmg in the city, or else- 
where, shall be an infant, and any proceedings shall be 
had under this act, the judge of the circuit court of San- 
gamon county, the [county] judge of said c mnty, or any 
judge of the supreme court, may, upon the application of 
the city council, or such infant or his next friend, appoint 



1854. 



56 



a guardian for such infant, taking security from such 
guardian for the faithful execution of such trust, and all 
notices and summons required by this act shall be served 
on such pfuardian. 



ARTICLE VIII. — Public Improvements and Assess- 
menls therefor. 



Improvements of 
streets^ &c. 



PuWic squareii. 



Collect city tax. 



City distrtots. 



Spsclal tax. 



§ 1. The city council shall have power, from time to 
time, to cause any street, alley or other highway to be 
graded, regraded, levelled, paved or planked, and keep 
the same in repair, and alter and change the same. 

Second — To cause side and cross walks, main drains 
and sewers, and private drains, to be constructed and 
laid, relaid, cleansed and repaired, and regulate the same. 

Third — To grade, improve, protect, and ornament any 
public square, or other public ground, now or hereafter 
laid out. 

Fourth — The city council shall have power to assess 
and collect of the owners of lots or real estate on any 
street, or other highway, or any part thereof, in the same 
manner as other city taxes, or in such manner as may be 
prescribed by ordinance, for the purpnse of grading, pav- 
ing or planking such street or other highway : Provided^ 
that such tax shall not exceed five mills per annum of the 
value of the property assessed. 

§ 2. That, for the purpose of establishing a system of 
sewerage and drainage, the city council may have power 
to cause the city to be laid off into districts, to be drained 
by. principal and lateral and [or] tributary sewers or 
drains, having reference to a general plan of drainage, by 
sewers and drains for the whole city, and number and re- 
cord the same. 

§ 3. That whenever a majority in number of the own- 
ers of real estate within any district shall petition the city 
eouncil for the construction of such drains or sewers in 
such district, the city council shall have power to levy and 
collect a special tax on the real estate within the district 
so drained, and not to exceed five mills to the dollar, per 
annum, on the assessed value thereof, for the purpose of 
constructing such sawers and drains; which tax shall be 
annually levied and collected as other city taxes by law, 
and shall constitute a lien on the real estate in the dis- 
trict in which it is assessed; and the city council shall have 
power to provide for the construction and letting of such 
sewers and drains, or such parts thereof as they shall deem 
necessary, and may from time to time extend, enlarge or 
alter the same, upon such terms and conditions as they shall 
deem necessary ; and the city council shall have power to 
borrow money for the construction of such sewers and 



57 1854. 

drains, payable in principal and interest from the special 
tax collected in such districts, or the city council may ap- 
portion the estimated cost of such drains and sewers, and 
collect the same by a series of annual assessments. But 
no ordinance creating such debt, special tax or apportion- 
ment shall be repealed or altered until the debt created 
thereby shall have been paid. 

§ 4. All owners or occupants of lots or lands in front sidewaiki. 
of, adjoining or upon whose premises the city council shall 
order and direct sidewalks or private drains, communi- 
cating with any main drain to be constructed, graded, re- 
paired, relaid or cleansed, or shall declare any such land 
or lots to be nuisances, and order the same to be graded, 
filled up and drained, or otherwise improved, shall make, 
grade, repair or relay such sidewalk, or make, repair or 
cleanse such private drain, or grade, fill up, drain or 
otherwise improve such lot or land at their own cost and 
charges, within the time and in the manner prescribed by 
order [ordma7ice'] or otherwise, and if not done within the 
time and in the manner prescribed, the city council may 
cause the same to be constructed, repaired, relayed, 
cleansed, filled up, graded, drained, or otherwise improv- 
ed, and assess the expense thereof, by an order to be en- 
tered in their proceedings, upon the lots and land respec- 
tively, and collect the same by warrant and sale of the 
premises, as in other cases. A suit may also be main- 
tained against the owner or occupant of such premises, 
for the recovery of such expenses as for money paid and 
laid out to his use at his request. 

§ 5. In all cases where expenses may be incurred in Tax fw remoTai 
the removal of any nuisance, the city council may cause °' '^°'»*'»<=«' 
the same to be assessed against the real estate chargeable 
therewith, in the same manner prescribed in the foregoing 
section. Such expenses may be likewise collected of the 
owner or occupant of such premises, in a suit for money 
expended to his or their use ; and in case the same should 
not be chargeable to any real estate, suit may in like man- 
ner be brought for such expenses against the author of 
such nuisance, if known, or any person whose duty it may 
be to remove or abate the same. 

§ 6. The city council shall have power to compel the oieaMing of ai- 
owners of lots or ground fronting or adjoining any private '^^*' 
or public alley to keep the same clean, and, if necessary, 
to direct the same to be paved, planked, or otherwise, 
and the costs thereof to be assessed and collected in the 
same nx^nner as sidewalk assessments. 



1854. 58 

ARTICLE IX. — Collection of Taxes and ^Assessments. 



Assessors and as- 
sPFsment lists. 



§ 1. The city council shall have power, by ordinance, 
to prescribe the form of assessment lists, and prescribe 
the duties and define the powers of assessors. They may 
also make such rules and give such directions in relation 
to revising, altering or adding to the lists as they may 
deem proper and expedient. 

'tm-Md^''"'^^ ■■*" § 2. The annual assessment lists shall be returned by 
the assessor on or before the first Monday in August in 
each year, but the time may be extended by order of the 
city council. On the return thereof, the city council 
shall fix a da/ for hearing objections thereto, and the 
clerk shall give lotice of the time and place of such hear- 
ing, by publica^- on in the newspaper publishing the ordi- 
nances of the ci' y; and any person feeling aggrieved by the 
assessment of hi : property may appear at the time specifi- 
ed, and make hii objections. The city council shall have 
power to supply omissions in said assessment lists, and, 
for the purpose of equalizing the same, to alter, add to, 
take from, and otherwise correct and revise the same, or 
to refer the same back to the assessor, with instructions 
to revise and correct the same. 

'^med!'"*"* "*^ § ^- When the assessment lists have been corrected 
and revised, the same shall be filed, and an order confirm- 
ing the same and directing the warrant to be issued for 
the collection thereof shall be entered by the clerk. The 
city council shall thereupon, by an ordinance or resolu- 
tion, levy such sura or sums of money as may be sufiicient 
for the several purposes for which taxes are herein au- 
thorized to be levied, not exceeding the authorized per 
centage, particularly specifying the purposes for which 
the same are levied, and if not for general purposes, the 
division of the city upon which the same are laid. 

§ 4. All taxes and assessments, general or special, 
levied or assessed by the city council under this act, or 
any ordinance in pursuance thereof, shall be a lien upon 
the real estate upon which the same may be imposed, 
voted or assessed for two years from and after the cor- 
rected assessment lists shall be confirmed, or the passage 
of the order for assessment, and on personal estate, from 
and after the delivery of the warrant for the collection 
thereof until paid, and no sale or transfer shall effect the 
lien. Any iiersonal property belonging to the debtor may 
be taken and sold for the payment of taxes on real or per- 
sonal estate, and the real estate shall be liable for the 
taxes on personal estate in case of removal, or when the 
tax cannot be made out of the personal estate, in the same 
manner as is prescribed by the laws of the state : Provid- 
edf that in case the collection of any assessment shall be 



Assassments 
li«B. 



59 1854. 

delayed by injunction, or other judicial proceedings, the 
same shall continue a lien, unless set aside, upon the real 
estate, forthe period of two years from and after the final 
disposition of such injunction or other judicial proceeding. 

§ 5. The clerk shall issue a warrant or warrants for foMaxe^f"*" * 
the taxes, and rule therein separate columns, in which 
the tax levied shall be respectively set down opposite the 
name of the person or such real estate subject thereto. 
Each column shall be headed with the name of the tax 
therein set down. _ ^^„J,^ ,jg„,^ 

§ 6. All warrants issued for the collection of general tiy mayor. 
or special taxes and assessments sliall be signed by the 
mayor and clerk, with the corporate seal thereto attached, 
and shall contain true and perfect copies of the corrected 
assessment lists, upon which the same may be issued. 
They shall be delivered to the collector for collection 
within thirty days after the filing of the corrected lists, 
unless further time for this purpose shall be given by the 
city council. If not otherwise paid, the collector shall 
have power to collect said taxes, with interest and costs, 
by suit in the corporate name, or by distress and sale of 
personal property as aforesaid, after a demand and refusal 
to pay the same : Provided.^ a notice, published by the 
collector for ten days in the newspaper printing the or- 
dinances of the city, shall be deemed a demand, and a ne- 
glect to pay taxes for twenty days thereafter shall be 
deemed a refusal. Tlie assessor's list shall, in all cases, 
be evidence on the part of the city corporation. 

5> 7. All taxes and assessments, general or special, shall 

1 ^ 11 . 1 1 ^1 11 i. • i.1 ° J -4.1, Collector «o««»t 

be collected by the collector ni the same manner and with taxes. 
the same power and authority as is given by law to collec- 
tors of county and state taxes. He shall pay the same as 
fast as collected into the city treasury, and his duty in re- 
gard to returning warrants and settling with the city, and 
his liabilities, in case of default or misconduct, shall be the 
same as prescribed by law : Provided, The city council 
shall have power to prescribe the powers, duties and lia- 
bilities of collectors by ordinance. 

§ 8. In case of the non-payment of any taxes or as- Non-paymsm. 
sessments levied or assessed under this act, the premises 
may be sold for the payment thereof at any time within 
two years after the confirmation of the assessment by the 
city council. Before any such sale or order shall be made 
by the city council, which shall be entered at large in the 
journals or record kept by the clerk, directing the collector 
to sell, particularly describing the delinquent premises to 
be sold, and the assessment for which the sale shall be 
made, a certified copy of which order, under the corporate 
seal, signed by the mayor or presiding ofiicer and clerk, 
shall be delivered to the collector, which, together with the 



1854. 



60 



AdverUs."'. 



Sale for taxes. 



K«deotptt9a. 



warrant, shall constitute the process upon which such sale 
may be made. 

§ 9. The collector shall then advertise such premises, 
in the newspaper publishing the ordinances of the city, 
for sale, at least thirty days from and after the first pub- 
lication of such notice, describing the premises by figures 
or otherwise, with the name of the owner (when known,) 
and the several amounts of the taxes and assessments 
thereon, and costs. Said notice shall also contain the 
time and place of sale, and shall be published at least 
four times. The proceedings may be stopped at any 
time on the payment of taxes, or assessment and interest, 
with expenses of advertising. 

§ 10. All sales shall be conducted in the manner re- 
quired by law, but the city council shall have power to 
prescribe the manner of conducting the same. The sale 
shall be made for the smallest portion of ground, to be ta- 
ken from the east side of the premises, for which any per- 
son will take the same, and pay the taxes and [^07^'\ as- 
sessments thereon, with interest and costs of sale. Du- 
plicate certificates of sale shall be made and subscribed by 
the collector, one of which shall be delivered to the pur- 
chaser, and the other filed in the office of the clerk; which 
certificate shall contain the name of the purchaser, a de- 
scription of the premises sold, the amount of taxes or as- 
sessments, with the interest and expenses for which the 
same was sold, and the time when the right to redeem 
will expire. The collector shall be allowed the same fees 
for selling as are allowed by law for similar services, or 
his fees may be regulated by ordinance. The clerk shall 
keep a record ©f such sales, which shall be open to public 
inspection at all reasonable times. 

§ 11. The right of redemption in all cases for sale» 
for taxes or assessments, shall exist to the owner, his heirs, 
creditors or assigns, to the same extent as is allowed by 
law in cases of sales of real estate for taxes, on the pay- 
ment in specie of double the amount for which the same 
was sold, and all taxes accruing subsequent to the sale, 
with interest. If the real estate of any infant, feme covert, 
or lunatic, be sold under this act, the same may be re- 
deemed at any time within one year after such disability 
is removed. In case of redemption, the money may be 
paid to .the purchaser, or for him to the city clerk, 
who shall make a special deposite thereof with the 
treasurer, taking his receipt therefor. If not redeemed 
according to law, the city council shall, upon the return 
of the certificate, or proof of its loss, direct a deed to be 
executed to the purchaser, under the corporate seal, 
signed by the mayor or presiding officer of the city coun- 
cil, and countersigned by the clerk, conveying to such 



61 1884. 

purchaser the premises so sold and unredeemed as afore- 
said. An abstract of all deeds so made and delivered 
shall be entered by the clerk in the book wherein tax 
sales are recorded. A fee of one dollar may be charged 
by the clerk for any deed so issued. 

§ 12. The assignee of any tax certificate of any pre- Deed, 
mises sold for taxes or assessments, under authority of the 
city, shall be entitled to receive a deed of such premises, 
in his own name, and with the same effect as though he had 
been the original purchaser. 

§ 13. If at any sale of real or personal estate for taxes 
or assessments, no bid shall be made for any parcel of land, 
or any goods and chattels, the same shall be struck off to 
the city, and thereupon the city shall receive, in the cor- 
porate name, a certificate of the sale thereof, and shall be 
vested with the same rights as other purchasers at such 
tales. 

§ 14. All deeds made to purchasers of lots sold for^gg^jg evidence. 
taxes or assessments, by order of the city council, shall be 
prima jacie evidence in all controversies and suits in rela- 
tion to the right of the purchaser, his heirs or assigns, to 
the premises thereby conveyed, of the following facts : 

First — That the land or lot conveyed was subject to 
taxation or assessment at the time the same was adver- 
tised for sale, and had been listed and assessed in the time 
and manner required by law. 

Second — That the taxes or assessments were not paid 
at any time before the sale. 

Third — That the land conveyed had not been redeemed 
from the sale at the date of the deed, and shall be conclu- 
sive evidence of the following facts : 

First — That the land or lot was advertised for sale for 
the length of time and in the manner required by law. 

Second — That the land was sold for taxes or assess- 
ments, as stated in the deed. 

Third — That the grantor in the deed was the purchaser. 

Fourth — That the sale was conducted in the manner 
required by law ; and in all controversies and suits invol- 
ving the title to land claimed and held under and by virtue 
of such deed, the person or persons claiming title adverse 
to the title conveyed by such deed, shall be required to 
prove, in order to defeat the said title, either that the land 
was not subject to taxation at the date of the sale, that 
the taxes or assessments had been paid, that the said land 
had never been listed or assessed for taxation or assess- 
ment, or that the same had been redeemed according to 
the provisions of the act, and that such redemption was 
made for the use and benefit of the persons having the 
right of redemption under the laws of the state ; but no 
person shall be permitted to question the title acquired by 



1854. 



62 



the said deed, without first showing that he, she or they, or 
the person under whom he, she or they claim title, had ti- 
tle to the land at the time of the sale, or that the title was 
obtained from the United States or this state, after the 
sale, and that all taxes due upon the lands have been paid 
by such persons or the person under whom he claims title 
as aforesaid. 



Woodea 
ingg. 



Ohimneys. 



Ashes, lie. 



Fire buckets 



ARTICLE X.—Fire Department. 

build- § 1* The city council, for the purpose of guarding 
against the calamities of fire, shall have power to prohibit 
the erection, placing or repairing of wooden buildings, 
within the limits prescribed by them, without their permis- 
sion, and direct and prescribe that all buildings within the 
limits prescribed shall be made or constructed of fire-proof 
materials, and to prohibit the rebuilding or repairing of 
wooden buildings within the fire limits, when the same 
shall have been damaged to the extent of fifty per cent, of 
the value thereof, and to prescribe the manner of ascer- 
taining such damages. To declare all dilapidated buildings 
to be nuisances, and to direct the same to be repaired, re- 
moved or abated in such manner as they shall prescribe 
and direct ; to declare all wooden buildings within the fire 
limits, which they may deem dangerous to contiguous 
buildings, or in causing and [or] promoting fires, to be 
nuisances, and to require and cause the same to be re- 
moved or abated in such manner as they shall prescribe. 

§ 2. The city council shall have power — 

1st — To regulate the construction of chimneys and flues 
so as to admit of chimney sweeps, or other mode of clean- 
ing, and to coinpel the sweeping and cleaning of chimneys. 

2d — To prevent and prohibit the dangerous construction 
and condition of chimneys, flues, fire-places, stove pipes, 
ovens, or any other apparatus used in or about any build- 
ing or manufactory, and to cause the same to be removed 
or placed in a secure and safe condition, when considered 
dangerous. 

3d — To prevent the deposite of ashes in unsafe places, 
and to appoint one or more oflicers to enter into all build- 
ings and enclosures, to examine and discover whether the 
same are in a dangerous state, and to cause such as may 
be dangerous.to be put in safe condition. 

4th — To require the inhabitants to provide as many fire 
buckets, and in such manner and time as they shall pre- 
scribe, and to regulate the use thereof in times of fire, and 
to require all owners and occupants of buildings to con- 
struct and keep in repair wells or cisterns upon their pre- 
mises. 

5th — To regulate and prevent the carrying on ot manu- 
factories and works dangerous in promoting or causing fires. 



I 



63 1854. 

6th — To regulate, prevent and prohibit the use of fire- 
works and fire-arms. 

7th — To direct and prohibit the management of houses Gunpowder, sic. 
for the storing of gunpowder, and other combustible and 
dangerous materials, within the city ; to regulate the keep- 
ing and conveying of the same, and the use of candles and 
other lights in stables and other like houses. 

8th — ^o regulate and prescribe the manner, and order 
the building of parapet and partition walls and of partition 
fences. 

9th — To compel the owners or occupants of houses or 
other buildings to have scuttles in the roofs, and stair? or 
ladders leading to the same. 

10th — To authorize the mayor, firewardens or other Authority of the 
officers of said city, to keep away from the vicinity of any "fficMe^m"'^^' 
fire all idle and suspicious persons, and to compel all offi- o' ''i'^- 
cers of the city, and all other persons, to aid in the extin- 
guishment of fires, and in the preservation of property ex- 
posed to damage \_danger^ thereat, and in preventing 
goods from being stolen. 

11th — And generally to establish such regulations for 
the prevention and extinguishment of fires as the city 
council may deem expedient. 

§ 3. The city council may procure fire engines, and allpj^eg^jin^^ 
other apparatus used for the extinguishment of fires, and 
have the charge and control of the same, and provide fit and 
secure houses and other places for keeping and preserving 
the same ; and shall have power — 

1st — To organize fire, hook, hose, axe and ladder compa- 
nies. 

2d — To appoint, during their pleasure, a competent 
number of able and reputable inhabitants of the city fire- 
men, to take the care and management of the engines and 
other apparatus and implements used and provided for the 
extinguishment of fires. 

3d — To prescribe the duties of firemen, and to make prescribe the da- 
rules and regulations for their government, and to impose *'®^ "' fivemen. 
reasonable penalties upon thera for a violation of the same, 
and for incapacity, neglect of duty or misconduct, to re- 
move them. 

4th — The city council shall have power to appoint a Engineers, 
chief and assistant engineers of the fire department, and 
they, with the other firemen, shall take the care and man- 
agement of the engines and other apparatus and imple- 
ments provided and used for the extinguishment of fires, 
and their powers and duties shallbe prescribed and defined 
by the city council. 

§ 4. The members of the city council and firemen shall. Firemen exempt 
during their terms of service as such, be exempted from ju?orsT&c?^ " 



1854. 64 \ 

serving on juries, in the militia, or working on the streets, 
or paying any tax for the same. The name of each fire- 
man shall be registered with the clerk of the city, and the 
evidence to entitle him to the exemption provided in this 
section, shall be the certificate of the clerk, under the cor- 
porate seal, for the year in which exemption is claimed. 

AKVlCh^Xl.— Board of Health. 



Health commis- § !• The board of health shall consist of three or more 

sioiiere. commissioncrs, to be appointed, annually, by the city 

council, and the mayor, or presiding oflicer of the city 
council, shall be president of the board, and the city clerk 
shall be their clerk, and keep minutes of its proceedings. 

Duty. § 2. It shall be the duty of health officers to visit every 

sick person who may be reported to them as hereinafter 
provided, and to report, with all convenient speed, their 
opinion of the sickness of such person to the clerk of the 
board, and to visit and inspect all houses or places in which 
they may suspect any person to be confined with any pes- 
tilential or infectious disease, or to contain unsound 
provisions, or damaged or putrid animal or vegetable mat- 
ter, or other unwholesome articles, and to make report of 
the state of the same, with all convenient speed, to the 
clerk of the board. 

Removal of dis- ^ 3. Ail persons in the city, not residents thereof, who 
may be infected with any pestilential or infectious disease, 
or all things which, in the opinion of the board, shall be in- 
fected by or tainted with pestilential matter, and ought to 
be removed, so as not to endanger the health of the city, 
shall, by order of said board, be removed to some proper 
place, not exceeding five miles beyond the limits of the 
city, to be provided by the board, at the expense of the 
person to be removed, if able ; and the board may order 
any furniture or wearing apparel to be destroyed, when- 
ever they may deem it necessary for the health of the city, 
by making just compensation. 

Prescribe powers § 4. The city council shall have power to prescribe 
the powers and duties of the board of h«alth, and to punish, 
by fine or imprisonment, or both, any refusal or neglect to 
observe the orders and regulations of the board. 

§ 6. The health officers may be authorized by the city 
council, when the public interests require, to exercise, for 
the time being, such of the powers, and perform such of the 
duies, of marshal or supervisor, as the city council may, in 
their discretion, direct, and shall be authorized to enter all 
houses and other places, private or public, at all times, in 
the discharge of any duty under this act, or any ordinance. 

ph eicians make § ^' ^^ery pcrsou practising physic in this city, who 

report. shall havc a patient laboring under any malignant, infec-r 



of 
cotnmiBsloners 



66 i854. 

tious or pestilential disease, shall fortliwith make report 
thereof, in writing, to the clerk of the board, and for ne- 
glect to do so shall be considered guilty of a misdemeanor, 
and liable to a fine of fifty dollars, to be sued for and re- 
covered, with costs, in an action of debt, in any court 
having cognizance thereof, or before a justice of the peace, 
for the use of the city. 

ARTICLE XU.— Schools and School Fund. 

§ 1. All that part of township No. sixteen north, of range 
No. 5, west of the third principal meridian, lying within 
the corporate limits of the city of Springfield, with such 
other parts of said township as may be hereafter incorpo- 
rated with and come within [under'] the jurisdiction of 
said city, is hereby erected into a common school district, 
to be known as the Springfield School District. N-ime. 

§ 2. The school land, school fund, and all other real 
and personal estate of said township, shall be divided be- 
tween the said city of Springfield, and the portion of the 
townsliip lying without the limits thereof, in the propor- 
tions and manner following : The trustees of schools of said Divisien 
township shall, within three months from the passage of 
this act, appoint two commissioners, who shall be respect- 
able householders, one of whom shall reside in the city, 
and the other in the township without the city, who, after 
being duly sworn, well and truly to perform their duties, 
shall proceed to ascertain, as nearly as may be, the wliole 
number of white persons under the age of twenty-one 
years residing in the whole of said township, and the whole 
number residing in said city, and without said city in the 
said township, and thereupon the said trustees shall divide 
and apportion the aforesaid township fund, and real and 
personal estate, between said city and said township with- 
out the city, in the proportion of and according to the num- 
ber of persons aforesaid residing within the city and with- 
out the city, in the said township respectively ; and the said 
commissioners shall have power to make partition of, and 
division of all the funds and real and personal estate be- 
longing to the said township, between the city and the 
township without the city, in the proportions aforesaid, 
and having completed the same, shall make a full return of 
their proceedings to the trustees aforesaid. In case the 
commissioners shall refuse or neglect to perform their du- 
ties, the trustees shall appoint others in their stead, who 
shall be chosen, sworn, and perform the like duties assign- 
ed to the first commissioners, and the trustees shall have 
power to fill vacancies and make appointments until th« 
objects of this act are carried into e£B»ct. 

6 



1854» Q6 

§ 3. The trustees of schools of said township shall, upon 
such division partition, and return of the commissioners 

Deliver funds, being made, pay over and deliver to the clerk of the city ' 
**" of Springfield the funds and other personal estate, and 

make, execute and deliver to the said city of Springfield 
all necessary deeds and other conveyances for the dis- 
tributive share of the real estate of said township to which 
the said Springfield school district may be entitled accord- 
ing to the division and distribution aforesaid, and take re- 
ceipts for the same from the clerk. 

Abstract of white § 4. It sliall be the duty of the city council to cause an 

cwidren, abstract of the whole number of white children under the 

age of twenty-one years in the Springfield school district 
to be furnished to the school commissioner of Sangamon 
county, within ten days after the same shall have been 
ascertained, and the school commissioner shall annually 
pay to the clerk of the city of Springfield the proportion of 
the school, college and seminary fund to which the said 
Springfield school district may be entitled, according to 
the number of persons under the age aforesaid residing in 
said district, taking his receipt therefor ; but no abstract 
shall be required to be returned to the school commis- 
sioner oftener than is required by law in other school dis- 
tricts. 

Property vested § ^- The school land, school fuud and other property of 

ill the city. the Springfield school district shall be vested in the city 
of Springfield. The city council shall have power, at all 
times, to do all acts and things in relation to said school 
lands, school fund and other- property which they may 
think proper to their safe preservation and efficient man- 
agement, and sell or lease said lands and all other property 
which may have been or may hereafter be donated to the 
school fund, on, such terms and at such times as the city 
council may deem most advantageous, and on such sale or 
lease to make, execute and deliver all proper conveyances, 
which said conveyance shall be signed by the mayor or 
presiding officer, and countersigned by the clerk, and 
sealed with the corporate seal, but the proceeds arising 
from such sales shall be added to and constitute a part of 
the school fund. 

Principal not to § 6. Nothing shall be done to impair the principal of 
be impaired, said fuud, or to appropriate the interest accruing from the 
same to any other purpose than the payment of teaciiers in 
the public schools of the district, and should there be any 
surplus of interest it shall be carried to and form a part of 
the school fund. 

§ 7. The city council shall have power — 

Duty of council. Ist — To crect, hire or purchase buildings suitable for 
school houses, and keep the same in repair. 



61 1854. 

2d — To buy or lease sites for school houses, with the ne- 
cessary grounds. 

3d — To furnish schools with the necessary fixtures, fur- 
niture and apparatus. 

4tii — To maintain, support and establish schools, and 
supply the inadequacy of the school fund for the payment 
of city teachers from school taxes. 

5th — To fix the amount of compensation to be allowed 
to teachers. 

6th — To prescribe the school books to be used and the 
studies to be taught in the different scliools. 

7th — To lay off and divide the city into smaller school 
districts, and from time to time alter the same and [o?'] 
create new ones as circumstancesmay require. 

8th — The city council shall be ex officio inspectors 
of schools, but they may appoint seven inspectors, to be 
denominated " A Board of School Inspectors," — also three 
trustees of schools in each district, and to establish and 
prescribe tlie powers and duties of each. 

9th — And generally to have and possess all the rights, 
powers and authority necessary for the proper manage- 
ment of schools, and the school lands and funds belonging 
to the said school district, with power to enact such ordi- 
nances^ as may be necessary to carry their powers and 
duties into effect. 

§ 8. Tlie city council shall have power to appoint a 
school agent, who shall have the control [custodi/\ and 
management of the money, securities and property belong- , 

ing to the school fund of the district, subject to the direc- 
tion of the city council. 

§ 9. The school agent, before entering upon his duties, 
shall give bond in such amount and with such conditions 
and st'curities as the city council may require, his compen - 
sation sjiall not be paid out of the school fund, and he shall be 
subject for misconduct in office to the same penalties and 
imprisonment as school commissioners are or may be sub- 
ject to by law. 

§ 10. The school fund shall be kept loaned at interest Loan school f and. 
at the rate of ten per cent, per annum, payable semi-annu- 
ally 'jn advance. No loan shall be made for a longer period 
than five years, and all loans exceeding one hundred dol- 
lars shall be secured by unincumbered real estate of dou- 
ble the value, at the least, of the sum loaned, exclusive of 
the value of the perishable improvements tliereon; for sums 
less than one hundred dollars, two good securities besides 
the principal shall be required : Provided, the city coun- 
cil shall have power to reduce the rate of interest by a 
vote of two-thirds of all the aldermen elected- 

§ 11. All notes and securities shall be taken to the city Notes taken. 
of Springfield, for the use of the inhabitants of said city, for 



1854, 



68 



school purposes ; and in that name all suits, actions and 
every description oi legal proceeding may be had. 

Kxpense. § l^' ^^^ expcnscs of preparing and [or] recording se- 

curities shall be paid exclusively by the borrower. 

Deceased persons § 13. In the payment of dcbts ofdeccascd pcrsons, those 
due the school fund shall be paid in preference to all oth- 
ers, except expenses attending the last illness and funeral 
of the deceas-ed, not including the physician's bill. 

Penalty on failure § 14. If default be made in the payment of interest OF of 

"to pay. ^j^g principal when due, interest at the rate of fifteen per 

cent, upon the same shall be charged from the default, and 
may be recovered by suit or otherwise. Suit may be brought 
for the recovery of interest only when the principal is not 
due. 

Judgments. § 15. All judgments recovcred for intcrcst or principal, 

or both, shall respectively bear interest at the rate of ten 
per cent, per annum, from the rendition of judgment until 
paid ; and in case of the sale of real estate thereon, the 
city of Springfield may become the purchaser thereof, for 
the use of the school fund, and shall be entitled to the same 
rights given by law to other purchasers. On redemption 
ten per cent, interest shall be paid from the time of sale. 

(,,jj.t, § 16. No costs made in the course of any judicial pro- 

ceeding in which the city of Springfield, for the use of 
the school fund, may be a party, shall be chargeable to 
the school fund. 

lieourity. § 17. If the sccurity On any loan should, at any time 

before the same is due, become, in the judgment of the 
school agent and city council, insecure, the agent shall 
notify the person indebted thereof, and unless further sat- 
isfactory security shall be forthwith given by the debtor, 
judgment may be recovered thereon as in qther cases, al- 
though no conditions to thafl effect be inserted in the note 
or otiier security. 

Publication. § 18. The council shall annually publish, at such 

times as may be prescribed by ordinance, in the newspa- 
per publishing the ordinances of the city, a statement of 
the number of pupils instructed in the year preceding, 
the several branches of education pursued by them, and 
the receipts and expenditures of each school, specifying 
the sources of such receipts, and the object of such ex- 
penditures. 

5()iooit*x. § 19. The school tax shall be paid into the city treas- 

ury, and be kept a separate fund for the building of school 
houses, and keeping the same in repair, and supporting 
and maintaining schools; and should there at any time be a 
surplus, the same may be paid over to the school fund and 
form a part of the same. 

ArmeK to Spring- § 20. Any pcrson owning land, Or residing afound, or 
fi«t(i district, adjacent to said city, within two miles thereof, may, witk 



69 1854. 

his consent, be annexed to said Springfield school district, 
and school tax may be levied [and] collected upon the 
lands and property of such person subject to taxation, by 
the city collector, in the same manner as school taxes 
within the said district. 

ARTICLE XIII. — Miscellaneous Provisions. 

§ 1. The city council, shall, at least ten days before.^^^^p'j^^^^ *'**''"" 
the annual election in each year, cause to be published in 
the newspaper publishing the ordinances of the city, a 
correct and full statement of the receipts and expendi- 
tures from the date of the last annual report, together with 
the sources from whence the former are derived, and the 
mode of disbursement, and also a distinct statement of the 
whole amount assessed, received and expended in the 
respective wards and divisions, for making and repairing 
streets, highways and bridges for the same period, togeth- 
er with such information as may be necessary to a full un- 
derstanding of the financial concerns of the city. 

5 2. The inhabitants of the city of Springfield are ^ . . 

,J ,. •' ii'i Exempt from 

hereby exempted from workmg upon any road or higliwa road labor. 
beyond the limits of the city, and from paying the tax in 
lieu thereof without said limits. 

§ 3. The supervisor shall demand the services of all 
persons who are required to labor on the streets and alleys 
of the city, at such time and place, and in such manner, as 
the city council may direct or the supervisor shall deem 
necessary. He shall deliver, or cause to be delivered or left 
at the usual place of abode or business of any person so 
required to labor as aforesaid, a written or printed notice, 
or partly written or printed notice, in such form as the city 
council shall prescribe; which notice shall be given at least 
five days previous to the first day on which he or they are 
required to labor, requiring such person to appear at such 
time and place as may be designated, for the purpose of 
laboring upon the streets and alleys. But a similar notice, 
published for ten days in the newspaper publishing the or- 
dinances of the city, by the supervisor, or posted up in 
three of the public places of the ward or district, shall 
be deemed a suflicient notice to require all persons to 
appear and labor as aforesaid. Upon the neglect of any 
person to appear and labor as aforesaid, or to pay the 
tax in lieu thereof, the collector shall collect from each 
person, in same manner as other taxes, the sum oi three 
dollars, with his commission for collecting the same added 
thereto, or the same may be recovered by suit, with costs, 
as in other cases. 

§ 4. The county of Sangamon shall be exempt from ^*'^p"^- 
the support of any citizen of said city who may become a 



1854. 70 

pauper, but the city council shall provide for the support 
and care of all paupers belonging to the said city, and pass 
such ordinances and regulations as they shall deem proper 

payraentof cost, for the purposc thereof. The city council shall also pro- 
vide for the payment of all costs, in the circuit court of 
Sangamon county, of the conviction of any citizen of said 
city for any crimmal offence, and the prosecuting attor- 
ney's fees, and jailor's fees, in case the same cannot be col- 
lected oft' [Jrom] the offender. Or the city council may 
provide for the payment to the county of Sangamon, annu- 
ally, of such sums as will be a fair proportion of fthe ex- 
penses of the county, for the circuit court of said county — 
the amount to be ascertained and fixed by the city coun- 
cil and the county court of said county, and to be appor- 
tioned equitably and justly. In lieu of the support of pau- 
pers, and the payment of the expenses and costs aforesaid, 
the personal property of the inhabitants of said city shall 
be exempt from all tax for county purposes. 

Fines, &c. ^ 5, }^\\ fines, forfeitures and penalties collected for 

offences committed within said city shall be paid into the 
treasury of said city by the officers collecting the same, 
and all fines and forfeitures collected of any citizen of said 
city for any conviction in the circuit court, shall be paid 
over in like manner. 

§ 6. The water course known as the Town Branch in 

Town Branch, ggid city, or natural branch leading thereinto, shall not be 
filled up, altered or changed, except in the manner pre- 
scribed by the city council; and the city council shall have 
power to establish and direct, and prescribe the manner 
of altering, changing and straightening, and to wall, fill 
up, culvert or sewer the same. 

lumbering lote. ^ rj rpj^^ ^j^^ couucil shall havc powcr to cause the 

blocks -and lots of the city to be surveyed, platted and 
numbered in consecutive numbers from one upwards, and 
to designate and number all fractional or other lots or blocks 
in such manner as they may prescribe by ordinance, and such 
plat, designation and numbers, when made and duly record- 
ed, shall be a good and valid description of said blocks and 
lots or fractional blocks and lots. To establish, mark and 
declare the boundaries and names of streets and alleys; to 
require that all additions hereafter made to said city, or 
all lands adjoining or within the same, laid out into blocks 
or lots, shall be so laid out and platted to correspond and 
conform to the regular blocks, streets and alleys already 
KxpenditurM. Jajd out and established within the city. 

§ 8. The city council shall, in all expenditures for 
purposes strictly local, expend annually, in the several na- 
tural divisions of the city, such proportion, as near as may 
be, of the whole expenditures for like purposes during the 
same period, as will correspond to the several sums con- 
tributed by each division to the general fund, that taxes 



71 1854. 

shall be expended in the several wards or districts where 
the persons paying the same may respectfully reside. 

§ 9. The supervisor, in addition to the penalties pre- ^°ig^|.'7*''*"''^^" 
scribed by orainance, shall, for wilful neglect of duty, be 
liable to indictment and fine, in the same manner as super- 
visors under the laws of the state. 

§ 10. Neither the city council or mayor shall remit ^|^'**'*'"'* *' 
any fine or penalty imposed upon any person for a viola- 
tion of any laws or ordinances of said city, or release from 
confinement, unless two-thirds of all the aldermen elected 
shall vote for such release or remission; nor shall any 
thing in this act be so construed as to oust any court of 
jurisdiction to abate and remove nuisances within its ju- 
risdiction, by indictment or otherwise. 

§ 11. No vote of the city council shall be reconsider- \°|*"'*="y'=<'™" 
ed or rescinded at a special meeting, unless the meeting 
be called in whole or in part for that purpose, and the al- 
dermen be so notified, and unless at such special meeting 
there be present as large a number of aldermen as was 
present when the vote was taken. 

§ 12. The cemetery lots which may be laid out and Cemetery, 
sold by the city or private persons, for private places 
of burial, shall, with the appurtenances, forever be exempt 
from execution and attachment. 

6 13. Every ordinance, regulation and by-law imposing oi'dinances and 

•^ li. p • ■ L r L- -1 r- • by-laws bepiib- 

any penalty, tine, imprisonment, or rorteiture for a vio- luhed. 
lation of its provisions, shall, after the passage thereof, 
be published three days in the newspaper publishing the 
ordinances of the city, and proof of such publication, by 
the affidavit of the printer or publisher of such newspaper, 
taken before any officer authorized to administer oaths, 
and filed with the clerk or any other competent proof of 
such publication, shall be conclusive evidence of the legal 
publication and promulgation of such ordinance, regula- 
tion or by-law in all courts and places. 

§ 14. All actions brought to recover any penalty or 
forfeiture incurred under this act, or any ordinance, by- 
law or police regulation made in pursuance thereof, shall 
be brought in the corporate name. It shall be lawful to smts brought in 
declare generally in debt, for such penalty, fine or forfei- "'""^'^ '^'*^* 
ture, stating the clause of this act or the by-law or ordi- 
nance under which the penalty or forfeiture is claimed, 
and to give the special matter in evidence under it. 

§ 15. In all prosecutions for any violation of any ordi- First proceee. 
nance, by-law or other regulation, the first process shall 
be a summons, unless oath or affirmation be made for a 
warrant, as in other cases. 

§ 16. The city council shall have power to designate Poiiceroaiistraif 
one or more justices of the peace in said city, who shall 
have jurisdiction in any actions for the recovery of any 



1854. 



72 



i'roebolderni' 
exempt 
judges J &c. 



' h'uinaiiCL-.-i 
iorce. 



fine, penalty or forfeiture under this act, or any ordinance, 
by-law or police regulation, any thing in the laws of this 
state to the contrary notwithstanding. Such justice shall 
have power to impose fines and penalties, not exceeding 
the amount authorized by the constitution of the state- 
There shall be such local court of civil and criminal ju- 
risdiction as may be established by the general assembly 
in the cities of the state, in accordance with the constitu- 
tion of the state. Such court shall have jurisdiction over all 
cases arising under this act, or any ordinance of said city 
in pursuance thereof, and such other civil and criminal ju- 
risdiction as may be provided by law. 

§ 17. Execution may be rendered [issued^ immedi- 
ately on rendition of judgment. If the defendant has no 
goods or chattels, or real estate, within the county of San- 
gamon, whereof the judgment can be collected, the execu- 
tive shall require the defendant to be confined in the coun- 
ty jail or work-house or city prison, for a term not exceed- 
ing six months, in the discretion of the court rendering 
judgment ; and all persons who may be committed under 
this section shall be confined one day for each one dollar 
of such judgment and costs. All expenses incurred in 
prosecution for the recovery of any fine, penalty or for- 
feiture when collected, shall be paid into the city treas- 
ury. 

§ 18. Any person who shall injure or destroy any 
bridge or any public building or other property belonging 
to the city, or shall cause or procure the same to be in- 
jured or destroyed, shall be subject to a penalty not ex- 
ceeding five hundred dollars for such oiFence, to be recov- 
ered by the city in an action of debt, and may be impri- 
sori^d not exceeding six months, in the discretion of the 
court before whom such conviction may be had, and such 
person shall also be liable to [mj a civil action at the suit 
of the city, for the damages occasioned by such injury or 
destruction. 

§ 19. No person shall be an incompetent judge, jus- 
tice, witness or juror, by reason of his being an inhabitant 
or freeholder in the city of Springfield, in any action or 
proceeding in which said city may be a party in interest. 

§ 20. All ordinances, regulations, and resolutions now 
in force in the city of Springfield, and not inconsistent 
with this act, shall remain in force under this act until al- 
tered, modified or repealed by the city council after this 
act shall take eiFect. 

§ 21. All rights, actions, fines, penalties, and forfeitures,, 
in suit or otherwise, which have accrued under the several 
acts consolidated herein, shall be vested in and prosecuted 
by the corporation hereby created. 



73 1854. 

§ 22. All property, real, personad or mixed, belonging Pri.peity. 
to the city of Springfield, is hereby vested in the corpora- 
tion created by this act, and the officers of said corpora- 
tion now in office shall respectively continue in the same, 
until superseded in conformity to the provisions hereof, 
but shall be governed by this act, which shall take effect 
from and after its passage. 

§ 23. All ordinances of the city, when printed and Pubushea orui- 
published by juithority of the city council, shall be re- 
ceived in all courts and places without further proof. 

§ 24. The style of all ordinances shall be, " Be it or- sty'^- 
dained by the City Council of the City of Springfield.'''^ 

§ 25. Any tract of land adjoining said city which may 
be laid off into blocks or lots, and duly platted according 
to law, and any tract of land adjoining the city, with the 
consent of the owner thereof, shall and may be annexed 
to said city, and form a part thereof. 

§ 26. This act shall not invalidate any legal act done ™vaiwatr*acta 
by the city council of the city of Springfield, or by its offi- ofcityconncii. 
cers, nor divest their successors under this act of any 
rights of property or otherwise, or liability which may have 
accrued to or been created by said corporation prior to 
the passage of this act. 

§ 27. All officers of the city created conservators of 
the peace by this act, or authorized by any ordinance, 
shall have power to arrest or cause to be arrested, with or 
without process, all persons who shall break the peace, Breakers of peace 
or threaten to break the peace, or be found violating any 
ordinance of this city, commit for examination, and if ne- 
cessary detain such person in custody over night, or the 
Sabbath, in the watch house, or other safe place, or until 
they can be brought before a magistrate, and shall have 
and exercise such other powers as conservators of the 
peace as the city council may prescribe. 

§ 28. Nothing in this act contained shall be so con- 
strued as to deprive the city council of said city of any 
powers or authority conferred upon the same, by the act ^hwetofore?""*^" 
incorporating said city, and the various acts amendatory 
thereto ; but the city council shall possess and enjoy all 
the powers and authority heretofore conferred upon the 
same, except so far as such powers and authority are ex- 
pressly modified or repealed by this act, or the acts here- 
tofore mentioned. 

§ 29. There shall be a digest of the ordinances of the »!?«' "' or**'- 
city, which are of a general nature, published within one 
year after the passage of this act, and a like digest within 
every period of five years thereafter. 

§ 30. This act shall be deemed a public act, and may 
be read in evidence without proof, and judicial notice 



1864. T4 

shall be taken thereof in all courts and places, and shall 
take effect from and after its passage. 
Approved March 2, 1854. 



m force Feb. 22, AN ACT to amend an act entitled 'An act to incorporate the Belleville 
1854. g^j Murphysboro Railroad eompany, and for other purposes,' in force 

February 8, 1853. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jlssemhly, That the 
Belleville and Murphysboro Railroad Company shall have 
full power and authority to locate, construct and operate 
Branch road. g branch road from Sparta to the town of Chester, the 
county seat of Randolph county, and for the purposes of 
such construction, shall have all the powers and authority 
provided in the charter and this act amendatory thereof, 
for the construction of the main road. 

§ 2. That the said corporation shall have power to 
Right of way. condcmu the right of way, and other lands for the con- 
struction and maintenance of their said road, and the 
branch thereof hereby authorized to be built, in the same 
manner as is now provided for the condemnation of the 
same by the charter of the Belleville and Illinoistown 
Railroad Company, in the construction of their said road. 

§ 3. That the 19th section of the said charter of the 
Belleville and Murphysboro Railroad Company is hereby 
repealed. 

§ 4. That the fifth section of said act is hereby amend- 
ed so as to authorize the commencement of said road as 
soon as one hundred thousand dollars of stock is sub- 
scribed, and five per cent, paid in thereon. 

Approved February 22, 1854. 



In force Feb. 25, AN ACT to amend an act to incorporate the city of Peoria. 

1854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That all 
that district of country included in the south half of section 
three, the south half of the north half of section three, the 
Boundariee. southhalf of section four, the south half of the north half of 
section four, the' south half of the southeast quarter of 
section five, the east half of section eight, all of fractional 
section nine, all of fractional section ten, all of fractional 



76 1854. 

section sixteen, and all of fractional section seventeen, in 
township eight, north of the base line of range eight, east 
of the fourth principal meridian, and to the middle of the 
Illinois river, and Lake Peoria, is hereby declared to be 
within the corporate limits of the city of Peoria. 

§ 2. That the eighteenth section of an act entitled 
"An act to amend an act entitled 'an act to incorporate 
the city of Peoria,' in force December third, A.D. 1844, and Repealed, 
to amend an act entitled ' an act to amend an act entitled 
an act to incorporate the city of Peoria,' approved Febru- 
ary 13, 1847," be and the same is hereby repealed. 

§ 3. That all acts or parts of acts coming within the 
provisions of this act, or contrary to, or inconsistent with 
its provisions, are hereby repealed. 

Approved Feb. 26, 1864. 



AN ACT to authorize the construction of the Pike County Railroad, m forceFeb, 2-2. 

Section 1 . Be it enacted by the people of the state of 
Illinois, represtnted in the General Jissemhly, That the 
Pike County Railroad Company, as formed under their ar- 
ticles of association filed with the secretary of state, is 
hereby declared to be a valid and subsisting corporation, ^aiw and sub- 
by that name, and is hereby vested with all and singular tion. 
the rights, privileges and powers contained in an act enti- 
tled " An act to provide for a general system of railroad 
incorporations," approved November 5, 1849; and the said 
company is hereby authorized to construct the road styled in 
the said articles of association "the Pike County Railroad," 
as specified in said articles, from a point opposite Naples, on 
the Illinois river, or from a point on said river not more 
than three miles distant from said town to the Mississippi 
river, opposite or nearly opposite Hannibal, under the said 
acts and the acts amendatory thereto and this act. 

§ 2. And he it further enacted, That the said Pike 
County Railroad, as proposed to be constructed by the said 
company, is hereby declared to be a work of sufficient Right of way. 
public utility to justify the taking of private property for 
constructing and maintaining the same; that said company 
shall have power to form a connection with the Great 
Western Railroad Company, at or near the said town of 
Naples, and with the Hannibal and St. Joseph Railroad, 
and to take and hold stock in or loan their credit or money 
to any railroad company in this state whose road may 
connect with the said Pike County Railroad, and to con- conjoud»t€. 



1854. 



76 



Borrow money. 



solidate their stock with any such company. And the 
said Pike County Railroad Company shall have power to 
borrow money for the purpose of constructing, equipping 
and maintaining their said road, and to issue their bonds 
therefor, and to issue certificates for stock subscribed in 
said road, and for security thereof to mortgage their road 
and property : Provided, that any sale of the bonds of 
the c^pany, at less than their par value, shall be as valid 
and binding on the said company as if the same had been 
sold at par value : Provided, further, that all of the acts 
and proceedings of the said company heretofore perform- 
ed or had in and about the prosecution and construction of 
their road, is hereby declared valid and binding. 

§ 3. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 22, 1854. 



In force Feb. 22, AN ACT lo legalize proceedings of the county court of Bond county, in 
1854. respect to borrowing money to build a court house and levying a special 

tax. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General »/issemhly. That all 
the proceedings of the county court of Bond county, Illi- 
nois, in borrowing money to build a court house and levying 
Act made valid, and proceeding to collect a special tax therefor, under the 
provisions of an act entitled "An act to authorize the 
county court of Bond county to borrow money and to levy 
and to collect a special tax to build a court house," ap- 
proved February 12, 1853, be and the same are hereby 
ratified, confirmed, and made good, valid and effectual in 
all respects, and to all intents and purposes whatever. 
Borrow mon^y. § 2. The Said couuty court is hereby authorized and 
empowered to borrow any sum of money, not exceeding 
four thousand dollars, in addition to the sum authorized to 
be borrowed under said recited act, upon the same terms, 
stipulations and conditions as contained in said act above 
referred to; and the said court shall proceed to repay the 
same in the same manner, in all respects, as required in 
the second section of the said act. 

§ 3. The said act above referred to is hereby con- 
firmed, and made good and effectual in law and equity, in 
all courts and places whatsoever. 

Approved February 22, 1854. 



77 1854. 

AN ACT to adjust and settle matters with the lessee of the Gallatin salines, iq force Feb. 27 

1854. * 

Whereas John Crenshaw, the lessee of the Gallatin salines, Preamv.o. 
by an act of the general assembly of this state entitled 
"An act to provide for the manufacture of salt at the 
Gallatin saline," approved December 9th, 1840, has, in 
pursuance of said att, and in pursuance of an act enti- 
tled "An act to allow John Crenshaw and others to 
liquidate the amount they owe the state," approved 
February 25, 1847, and in pursuance of an act entitled 
"An act to authorize the governor of this state to sell 
the salt wells and coal lands in the saline reserve, in 
Gallatin county, for state indebtedness, and for other 
purposes," approved February 23d, 1847, paid to Henry 
W. Moore, commissioner of the Gallatin saline', as lessee, 
as aforesaid, the sum of two thousand two hundred and 
seventy-one dollars, in cash and state indebtedness, as 
required by said second act; and whereas the said 
Moore has departed this life before reporting his acts as 
commissioner as aforesaid to the proper office ; and 
whereas the said John Crenshaw is still indebted to the 
state of Illinois, for and on account of his said lease, in 
the further sum of one hundred and twenty-nine dollars, 
being the balance in full due the state to the first day of 
December, one thousand eight hundred and forty-six, 
from which time the said Crenshaw was exonerated, by 
executing his surrender of his said lease, as contem- 
plated by the last recited act — therefore. 
Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jissemhly, That upon unpaid daes. 
the payment into the state treasury of the sum of one 
hundred and twenty-nine dollars, by John Crenshaw, as 
lessee of the Gallatin salines, the balance due and unpaid 
on his said lease, tire auditor is hereby authorized and re- 
quired to execute and deliver to said Crenshaw a final 
acquittance for and on account of said lease. 

5 2. That in the event the said Crenshaw (or some Refusal. 
person for him,) shall refuse or neglect to pay into the 
state treasury the said sum of one hundred and twenty- 
nine dollars, balance due from him on account of his said 
lease, within one month from the passage of this act, this 
act shall be null and void. 

§ 3. This act to be in force from and after its passage. 
Approved February 27, 1854. 



1854. 



78 



m force Feb. 37. "^^ ^^^ *° amend an act entitled 'An act to incorporate the Ohio and Mis- 
1854. " ' sissippi Railroad Company, and for other purposes,' approved February 
12th, 1851. 



SubKoriptioEs 

real estate. 



Aid plaok road 
companies. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
Ohio and Mississippi Railroad Company, incorporated by 
the act of the general assembly of this state, approved 
February 12th, one thousand eight hundred and fifty-one, 
be and tliey are hereby authorized to extend their railroad, 
by one or more tracks, from Illinoistown to the Mississippi 
river, within one thousand yards of the northern and 
southern limits of the said town, as to the said company 
may seem most expedient, in order to reach the deep water 
of said river, and for such purpose may extend their rail- 
road over and across Bloody Island, and shall have power 
to condemn, under any law of this state, all such lands as 
may be necessary for road-way, embankments, cuttings, 
side-tracks, turnouts, depots, water stations, and other 
necessary purposes : Provided, that the land taken for 
road-way, embankments, cuttings, side tracks and turn- 
outs shall not exceed two hundred feet in width ; and the 
land for depots, water stations, and other necessary pur- 
poses, shall not exceed fifteen acres : And provided, fur- 
ther, that if the Said road-way, depot grounds, stations and 
termini of said railroad shall, by any cause, be rendered 
unavailable for the business of the said company, then the 
said company shall have power to purchase or condemn 
other lands in lieu thereof, not exceeding the quantity 
aforesaid, and within the limits aforesaid. 

§ 2. Said company may have the privilege, and they 
are hereby empowered, at their option, to receive, in sub- 
scription to their capital stock, land in lieu of money, at a 
valuation and on such terms as ma)' be agreed upon by 
said company and such subscribers ; and all such land so 
received shall be exposed to sale in good faith within ten 
years after the passage of this act : Provided, that nothing 
herein contained shall be so construed as to autliorize the 
said company to release any cash subscription by accept- 
ing land in lieu thereof. 

§ 3. Said company is hereby authorized to aid such 
plank road companies as may be authorized to construct 
plank roads leading to or connecting with tiieir railroad, 
by such subscriptions to their capital stock as to said com* 
pany may seem expedient and necessary to the business of 
their road : Provided, that in no case sliall sucb subscrip* 
tion to any one company exceed one-third of the capital 
stock of such company. 



79 1854. 

8 4. Tliat part of section fifteen of the act to which Repealed. 
this is an amendment, which provides that the Central 
Railroad shall not run upon the line or track of the Ohio 
and Mississippi Railroad, except at points of crossing or 
intersecting the same, be and the same is hereby repealed 
as to that part of the said road wliich lies between the 
main trunk and the Chicago Branch of said Central Rail- 
road, in JNIarion county. 

§ 5. This act shall be deemed and taken as a public 
act, and shall take effect and be in force from and after its 
passage. 

Approved February 27, 1854. 



AN ACT recognizing and auttiorizing the construction of the Mississippi In force Feb. -is, 
and Atlantic Railroad. 1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissemhly, That the Rights and privi- 
Mississippi and Atlantic Railroad Company, as formed un- ^^^*" 
der articles of association filed in the office of the secre- 
tary of state, is hereby declared to be a 'valid and subsist- 
ing corporation, by that name duly organized under, and 
duly vested with all and singular the rights, privileges, 
and powers contained in an act entitled "An act to pro- 
vide for a general system of railroad incorporations," ap- 
proved November 5th, 1849 ; and said company is hereby 
authorized to commence, construct, and maintain the said 
Mississippi and Atlantic Railroad from a point on the eas- 
tern line of the state of Illinois, in the direction of Terre 
Haute, Indiana, to a point on the Mississippi river, at or 
near Illinoistown, as in their articles of association speci- 
fied, in accordance with the provisions of the act herein- 
before recited, the acts amendatory thereof, and of this act; 
and the acts and proceedings of said con^pany hitherto, in 
and about the prosecution and construction of said road, 
its crossings, connections, and running arrangements with 
other roads within this state, are hereby declared valid 
and binding. 

§ 2. The said Mississippi and Atlantic Railroad is Right ot %vay. 
hereby declared to be a work of sufficient public utility to 
justify the taking of private property for constructing and 
maintaining said road, and the same may be appropriated 
whenever requisite under the provisions of the acts now 
in force for that purpose. 



1854. 



80 



Borrow money. 



Bnipowered 
construct. 



§ 3. Said company shall have power to borrow money 
for the construction, equipment and maintenance of said 
road, and to issue its bonds therefor, at such rate of inter- 
est as its directors may prescribe, not exceeding seven per 
centum per annum ; and for security thereof, lo mortgage 
its road, property and franchises ; and any sale of said bonds 
at less than par shall be as valid and binding upon said 
company as if the same had been sold for the value thereof.- 

§ 4. Said company shall have power to take and hold 
stock in, or loan its credit to any railroad company within 
this state, whose road may connect directly, or by connect- 
ing lines with said Mississippi and Atlantic Railroad. 
) § 5. Said company ^s hereby empowered to construct 
so much of the line of road as lies between the eastern 
line of this state and Terre Haute, under such provisions 
as may be made by the laws of the state of Indiana, or to 
form a connection with any company that may be organized 
for that purpose, to consolidate the stocks of said compa- 
nies, or to lease, manage or control the said connecting 
line of road, on such terms as may be agreed upon be- 
tween the parties. 

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

Approved February 23, 1854. 



In force Feb. 22 AN ACT to amend an aet entitled 'An act to incorporate the Fort Wayne 
1854. ' and Chicago Railroad Company,' approved February 5th, 185f3. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly, That the 
Fort Wayne and Chicago Railroad Company be and are 
hereby authorized and empowered, in all cases, where 
Right of way. ^^^^Y ^^J ^o^ ^^ ^^^® ^^ acquirc the right of way through 
any lands or premises, when necessary for the purposes of 
said railroad, by purchase or donation, to obtain the same 
in the made provided by an act entitled "An act to amend 
the law condemning right of way for purposes of internal 
improvement," approved June 22d, A. D. 1852; and said 
company shall be entitled to all the beneficial provisions 
of that act, or of any subsequent general law on the sam« 
subject. 

Approved February 22, 1864. 



81 1854. 

AN ACT to authorize the county of Macoupin to borrow money. J" f'nce Feb. 23. 



lPn4. 



Borrow nioney. 



I»SliC l,OTl'ls. 



Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
county court of Macoupin county is hereby authorized to 
borrow such sum of money, not exceeding eight thousand 
dollars, as may be necessary to construct and complete a 
jail in said county. 

§ 2. For the purpose of raising said sum of money, the 
said court may issue the bonds of said county in sums of 
not less than live hundred dollars, bearing interest at a 
rate not exceeding ten per centum per annum, and paya- 
ble at any time within ten years from their date, and may 
sell and dispose of the same, at any price that may be, in 
its opinion, most for the interest of said county, and a sale 
atless than their par value shall not affect the liability of 
said county. 

§ 3. Said bonds shall be signed by the clerk of the 
county court, and countersigned and registered by the 
treasurer, and the interest thereon may be made paya- 
ble at such time and at such place as may be expressed in 
said bonds. 

§ 4. Said county court axe hereby authorized, either 
at the time of issuing said bonds, or at any other time 
thereafter, to levy a special tax upon all the taxable pro- 
perty in said county, to be asssesed and collected as other 
county taxes are levied, assessed and collected, for the sp«"aitax. 
payment of the whole or any part of the principal or inte- 
rest upon said bonds, which shall be collected in gold and 
silver only, and when collected shall be paid into the treas- 
ury of said county, and be applied to the purposes speci- 
fied in the order directing the assessment of the same. 

Approved February 22, 1854. 



AN ACT to authorize the board of supervisors of McHenry county ro m force Feb. 22, 
borrow mone\- ' isfi^. 



Section 1. Be it enacted by the people of the state uf 
Illinois, represented in the General Assembly, That the 
board of supervisors of McHenry county, and successors 
m office, be and they are hereby authorized and empow- 
ered to borrow, upon the faith and pledge of said county, 
such necessary sum or sums of money, not exceeding fif- 
teen thousand dollars, for any term or time, and such riiles 
of interest, payable at such places as they may deem ^?x- 
pedient, and to issue bonds or other obligations there. or, 
under the seal of the county court of said county, sigied 
6 



Borrow money. 



Special tax. 



by the chairman of the board of supervisors, or his suc- 
cessors in office, and countersigned by the clerk of the 
board, or his successors in office : Provided, that when any 
money is borrowed under the authority of this act, the time 
for the repayment of the same shall be so fixed that not 
exceeding two thousand dollars of the principal so borrowed 
shall fall due in any one year. Any sum ofmoney borrowed 
under the autiiority of this act shall be applied by the 
board of supervisors, or their successors in office, for the 
use and benefit of erecting or repairing county buildings 
for said county. 

§ 2. The board of supervisors of said county, or their 
successors in office, are hereby authorized and required to 
levy and collect a special tax upon all the taxable property 
in the county of McHenry, sufficient to pay the accruing 
interest semi-annually^ or any sum or sums of money they 
may borrow under the authority of this act, and to pay 
the principal as it may become due, at a rate of not ex- 
ceeding two thousand dollars in any one year. Said tax 
shall be levied and collected at the same time and in the 
same manner that other taxes of said county are levied 
and collected, and when collected shall be applied by said 
board of supervisors, or their successors in office, to the 
payment of the interest and the re-payment of the princi- 
pal of the money borrowed under the authority of this act, 
and to no other purpose whatever, until the whole of the 
money so borrowed is paid in full, and the persons loaning 
money to said county as aforesaid are to be in no way re- 
sponsible for the faithful application or use of the money 
thus borrowed. 

§ 3. At the next election for township officers to be 
held in the several townships in said county, the question 
votetobetaken. ^j^g^j^gj. ^^ ^^^^ ^j^-g ^^^ gj^g^jj g^ -jj^q effect, or in any man- 
ner be in force, shall be submitted to the people of said 
county, and if the same is approved by a majority of all 
the votes cast at said election for and against the same, it 
shall go into effect and be in force from^and after the date 
of said election, otherwise it shall not go into effect or in 
any manner be in force. 

§ 4. Every person voting at said election shall have 
the right to use a ticket or ballot with the words written 
B»;ot.. or printed thereon, " For the act to borrow money," or 

"Against the act to borrow money," which words shall 
indicate the vote of the elector for or against the ap- 
proval of this act, and upon canvassing and counting the 
votes, each clerk of the election shall carefully mark down 
the votes given upon said question, in separate columns 
prepared for that purpose, headed " For the act to borrow 
money," ''Against the act to borrow money;" and the 
judges or board of election shall, in the certificate required 
to be given of the result of said election, include the num- 



83 1854. 

ber of votes given for and against tlie " act to borrow 
money," as aforesaid. 

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

Approved February 22, 1854. 



AN ACT to repeal part of an act entitled "an act to create a state road in in force Feh. 57 
Du Pa^e, Cook and Lake counties,'- approved February 12, 1853. 1^54. 

Section 1. Beit enacted hy the ])eople of the state of 
Illinois, represented in the General ^ssembli/, That so 
much of " an act entitled an 'act to create a state road in^^P""'"- 
DuPage, Cook and Lake counties,'" approved February 
12, A. D. 1853, as applies to laying out and establishing a 
state road in Du Page county, be and the same is hereby 
repealed. 

§ 2. The action of the board of supervisors of Du Page 
county in refusing to open the road localities and to pay '-'''°'^™'^ 
the damages allowed by virtue of said act, is hereby con- 
firmed. This act to take effect from and after its approval 
by the governor. 

Approved February 27, 1854. 



AN ACT to amend the charter of the Chicago and Rock Island Railroad in force Feb. 27, 

Company. 1854. 

Section 1. Be it enacted hy the people of the state uf 
Illinois, represented in the General Jissemhly, That the 
Chicago and Rock Island Railroad Company be and is 
hereby authorized to construct a branch of its road from 
Sheffield, by way of Prophetstown, to a point on the Mis- 
sissippi river at or near Savanna, and for the purpose of construct branch 
constructing, maintaining and operating said branch road 
said company shall possess all the rights and powers, and 
privileges conferred upon them by the original act incor- 
porating said company, and the acts amendatory thereof. 

§ 2. For the purpose of constructing, maintaining and 
operating said branch road, said company may create a 
separate capital stock, determine the amount thereof, and increase stock. 
procure the same by stock subscription, payable at such 
time as said company may determine, and by loans in such 
manner as said company may deem most expedient, secure 
such loans with interest thereon by bonds and mortgages, 
which shall be a lien upon such branch road, its revenues 



1854. 84 

and incomes, which said subscriptions and loans shall con- 
stitute a separate fund for the construction, equipment, 
maintaining and operating of such branch road, and the 
indebtedness a separate liability, secured upon and paya- 
ble out of said branch road, its income and revenues. 

§ 3. This act shall take eflfect and be in force from and 
after its passage, and be binding ii])or. said company from 
and after its acceptance by tiiem. 

Approved February 27, 1854. 



In force Feb. 22, AN ACT to amend the charter of the Ottawa Northern Plank Road 



1854. 



Levy asf essment, 



Company. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General jlssemblijy That the 
board of directors of the Ottawa Northern Plank Road 
Company are hereby vested with power to levy, from time 
to time, assessments upon the capital stock of said com- 
pany, of such amount as maybe sufficient, in the opinion 
of said board of directors, to pay the debts and liabilities 
of said company. 

§ 2. That said assessments shall be levied by order of 
the board of directors, which order shall specify the 
amount of the assessment levied upon each share of the 
capital stock; and all assessments shall be equal and uni- 
form, so that each share of said stock shall be assessed to 
the same amount. 

§ 3. After any order shall have been passed by the said 
board of directors levying any such assessment, notice 
thereof shall be given to the stockholders of said company 
by publication for thirty days, in all the newspapers printed 
in the city of Ottawa; and it shall be the duty of the pub- 
lishers of such papers to file certificates of said publica- 
tions with the secretary of said company, which certificates 
shall be evidence of such publication in all places, should 
such publication ever be called in question ; and a certifi- 
cate from the secretary of said company that any publi- 
cations have been made, as by this act required, shall be 
prima facie evidence thereof in all courts and places 
whatever. 

§ 4. If payment of any assessment upon any share or 
shares of said stock shall not be made to the treasurer of 
said company, within the time limited by the order of the 
said board of directors levying such assessments, which 
shall not be less than sixty days from the time of the pas- 
sage of such order, it shall be competent for said board of 
directors, and they are hereby vested with full jiower, to 



85 1854. 

declare any and all stock of said company upon which 
any assessment shall not have been paid, to be forfeited to 
said company; and said stock shall be and the same is 
hereby declared to be forfeited and cancelled. 

§ 5. When any assessment shall be made for the pur- 
pose aforesaid, it shall be the duty of the directors of 
said road, upon payment of such assessment being made, 
to issue to each stockholder paying such assessment, a 
certificate of stock in said company for the amount of such 
assessment paid by such stockholder, and said directors 
are hereby authorized to increase the capital stock of said 
company as much as shall be necessary for that purpose. 

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

Approved February 22; 1854. 



AN ACT to amend an act entitled '-'an act to charter the city of Ottawa," in force Feb. 21. 
approved February 10th, 1853. 1854. 

Section 1. Be it enacted by the people of the state oj 
Illinois y represented in the General ^jlssemhly, That the 
second section of an act entitled " an act to charter the 
city of Ottawa," approved February 10th, A. D. 1853, be 
amended by striking out of said section the words " the 
south half of section number fourteen (14,)" and insert- 
ing in lieu thereof the words " the north half of section 
number fourteen (14,)" and that the north half of said 
section number fourteen (14,) in township number thirty- 
three north, in range number three, east of the third prin- 
cipal meridian, be included in the limits of said city of 
Ottawa, and the south half of the same section be excluded 
therefrom. 

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

Approved February 21, 1854. 



AN ACT to amend an act entitled "an act to construct a railroad f rom ^" ''^'^"_^*^'^' '^ 
Jacksonville, in Morgan county, to Alton, in Madison county," ap- 
proved February 15, 1851. 

Section 1. Be it enacted by the 'people of the state of 
Illinois, represented in the General ,/9ssembly, That the 
Jacksonville and Carrollton Railroad Company may, for B"" :"•' '"oi^^y 
the purpose of locating, constructing, maintaining and 



1854. 



86 



AcU Of corpora- 
tion valid. 



Repealed. 



operating said road, borrow money, and for that purpose 
issue bonds to bear interest not exceeding eight per cent, 
per annum, but the payments of said bonds shall be se- 
cured by said road and its appendages, and the franchises 
and property of said corporation, and all sales and bonds 
for a less amount than par value shall be good and valid, 
and as binding upon tlie said corporation as if the same 
were sold for their full value; and the said corporation 
may loan any surplus funds at such rate of interest as is 
now allowed upon money loaned : Provided^ nothing here- 
in contained shall be so construed as to confer banking 
privileges. 

§ 2. All the acts and proceedings of the corporators or 
commissioners named in the act to which this is an amend- 
ment, or any of them, in obtaining subscription to the capi- 
tal stock of said company or otherwise, are hereby de- 
clared to be as good and valid as if all the requirements of 
said act had been strictly complied with. 

§ 3. The certificate of the secretary of said company, 
under the corporate seal thereof, shall be received in all 
courts of justice, and elsewhere, as evidence of the regu- 
lar organization of said company under its charter, and of 
any act or order of the board of directors of said company. 
And all the acts and doings of the said company, in the 
organization thereof, are hereby declared to be good and 
valid, and the rights, privileges and franchises of said com- 
pany as granted are hereby declared to be in full force 
and effect. 

§ 4. So much of section sixteen of the act to which 
this is an amendment as authorizes the construction of a 
plank road instead of a railroad, be and the same is here- 
by repealed. 

§ 5. The act to which this is an amendment, and an 
act entitled " an act to amend the charter of the Jackson- 
ville and Carrollton Road," approved February 11, 1853, 
are hereby declared to be public acts, and this act shall 
be in force from and after its passage. 

Approved Feb. 27, 1854. 



In force Feb. 20, AN ACT to amend the act entitled " an act to incorporate the Decatur and 
^^^' Indianapolis Railroad Company," approved February 8, 1853. 

Preamble. Whereas, under and in pursuance of the authority con- 

ferred in the above named act, the said Decatur and In- 
dianapolis Railroad Company, after their organization, 
united, consolidated, and merged their stock with the 



i 



87 1854. 

stock of the Indiana and Illinois Central Railway Compa- 
ny, forming a single corporation by means of such consol- 
idation, under the name and style of the " Indiana and Il- 
linois Central Railway Company" — therefore, 

Section 1. Be it enacted by the people of the state oj 
llUnoi'iy represented in the General Jissemhly^ That the 
said Indiana and Illinois Central Railway Company, as 
existing under the said consolidation, is hereby declared Co"souiati.n. 
to be entitled to hold, enjoy, and possess all the property, 
rights, franchises, and powers held, enjoyed and possessed 
by either of said original corporations prior to their said 
consolidation, fully and effectually, to all intents and pur- 
poses, and to be entitled to have and hold all the rights, 
power and privileges conferred, or to be hereafter con- 
ferred, by law upon railroad corporations, organized under 
the act entitled " an act to provide for a general system 
of railroad uicorporations," approved November 5, 1849. 

§ 2. That the said Indiana and Illinois Central Rail- 
way Company are hereby authorized and empowered to 
borrow money for the construction or equipment of their '^°"'^^'""''''y- 
road, and for that purpose to issue bonds of the company 
in such form and on such terms as the board of directors 
may determine upon, drawing a rate of interest not ex- 
ceeding ten per centum per annum, payable semi-annually, 
and if they deem it advantageous, may confer upon the 
holder of such bonds the right to convert the same into 
stock of the company, and may direct such bonds to be 
sold in such manner and on such terms as to them, shall 
seem most advantageous for the interests of the company. 
And for the securing the payment of the principal and in- 
terest of such bonds, said company is further authorized 
and empowered to execute a mortgage or mortgages, a 
deed or deeds of trust, on the whole or any part of their 
road, rights of way, real estate, franchises, income, or any 
other property, with such stipulations and conditions as 
the board of directors may deem advisable. 

§ 3. Said company may, by a vote of the stockholders, ^If'^^^j^'^^^^' 
at any regular meeting, reduce the number of its directors to 
any number not less than seven, and may change the name 
and style of the corporation, and adopt such name as they 
may select, and by such newly adopted name shall be en- 
titled to all the rights and power, and be subject to all the 
liabilities, to which they were entitled or subject under 
their previous name. 

§ 4. Said company may merge their stock, consoli-Po^^i«^o -;«'»'!'- 
date and unite with any other railroad company, either 
within or without the state, whose road or roads cross, 
intersect or meet their road, on such terms and conditions 
as the directors shall determine upon ; and in the event 
of such consolidation, may adopt such name for the con- 



1854. 88 

solidated corporation as shall be agreed on in the articles 
of consolidation, and by such name shall succeed and be 
entitled to all the property, rights, powers and franchises 
pertaining to either of such corporations prior to their 
consolidation. 

§ 5. This act shall be deemed and taken to be a pub- 
lic act, and shall be liberally construed in all courts of 
justice, and shall take effect and be in force from and 
after its passage. 

Approved Feb. 20, 1854. 



Body politic. 



In force May 1, ^^jy ACT to amend, alter and revise the manner, name or style and corporate 

powers of the town of Elgin. 

ARTICLE I. — Of Boundaries and General Powers. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Elgin, in the county of Kane, and 
state of Illinois, be and they are hereby constituted a body 
politic and corporate, by the name and style of the city of 
Elgin, and by that name shall have perpetual succession, 
and may have and use a common seal, which they may 
change and alter at pleasure. 

§ 2. Said city of Elgin shall comprehend all that dis- 
trict of country, embraced within the following limits, to 
wit : a territory two miles square, the centre of which 
shall be the point where the centre of Chicago street in- 
tersects the centre of Will street, in the town of Elgin. 

§ 3. Whenever ;any tract of land adjoining the said 
city of Elgin shall be laid off into town lots, and duly re- 
corded as required by law, the same shall be annexed to 
and form a part of the said city of Elgin. The city coun- 
cil shall also have the power to enlarge the boundaries of 
said city by ordinance, to an extent not exceeding two 
miles north, south and west of said established centre, and 
east of the present county line of said Kane county. 

§ 4. The present board of trustees of said town of 
Elgin shall, on the first Monday of April next, divide the 
said city of Elgin into three wards, as nearly equal in 
population as practicable, particularly describing the boun- 
daries of each. 



C6liutil. 



ARTICLE II.— 0/ the City Council. 

§ 1. There shall be a city council, to consist of a may- 
or and board of aldermen. 



89 1854. 

§ 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 Eligibility. 
of his election, he shall have resided six months within 
the limits of the city, and shall be, at the time of his elec- 
tion, twenty-one years of age, and a citizen of the United 
States. 

§ 4. If any alderman shall, after his election, remove omee vacated. 
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 al- 
dermen shall be divided by lots into two classes, the seats divided by lot. 
of those of the first class shall be vacated at the expira- 
tion of the first year, and of the second class at the expira- 
tion 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, 
quorum to do business, but a smaller number may adjourn 
from day to day, and compel the attendance of absent 
members, under such penalties as may be prescribed by 
ordinance. 

§ 8. The city council shall have power to determine 
the rules of its proceedings, punish its members for disor- ^"'esot proceed 
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 
yeas and nays, when demanded by any member present, 
shall be entered upon the journal. 

§ 10. No alderman shall be appointed to any office un-^"''^^' 
der the authority of the city, which shall have been cre- 
ated, or the emoluments of which shall have been in- 
creased during the time for which he shall have been elected, vacancies. 

§ 11. All vacancies that shall occur in the board of 
aldermen shall he filled by election. 

§ 12. The mayor and each alderman, before entering 
upon the duties of their office, shall take and subscribe an O''*^- 
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. Also, all other elective officers shall qualify 
in the same manner. Tie election, 

§ 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. 



1854. 90 

statPd meetings. § 14. There shall be twelve Stated meetings of the citj 
council in each year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE III.— 0/' the Chief Executive Officer. 

§ 1. The chief executive officer of the city shall be a 

Mayor. mayor, who shall be elected by the qualified voters of the 

city, and shall hold his office for one year, and until his 
successor shall be elected and qualified, 

Biigibiiity. § 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. 

Vacated. § 3. If any mayor, during the time for which he shall 

have been elected, remove from the city, his office shall 
be vacated. 

lie vote. § 4. When two or more persons shall have an equal 

number of votes for mayor, the judges of election shall 
certify the same to the city council, who shall proceed to 
determine the same by lot, in such manner as may be^ 
provided by ordinance. 

Contested eiec- § 5. Whenever an election of mayor shall be contest- 

*'""* ed, the city council shall determine the same as may be 

prescribed by ordinance. 

Vacancy. § 6. Whenever any vacancy shall happen in the office 

of mayor, it shall be filled by election. 

ARTICLE IV.— 0/ Elections. 

Kiection. § 1. On the first Monday of May next, an election 

shall be held in each ward of said city for one mayor fo 
the city, two aldermen for each ward, and forever there- 
after, on the first Monday of March of each year, there 
shall be an election held for one mayor for the city, and 
one alderman for each ward. The first election for mayor 
and alderman shall be held, conducted, and returns thereof 
made as may be provided by ordinance of the present trus- 
tees of the town of Elgin. 

§ 2. All free white male inhabitants over the age of 
twenty-one years, who are entitled to vote for state offi- 
cers, and who shall have been actual residents of said city 
six months next preceding said election, shall be entitled 

Voters. to vote for ' ity 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 shall be received at any of said elections un- 
less the person offering such vote shall have been an ac- 



191 l»o4. 

aal resident of the ward where the same is offered, at 
''gast ten days next preceding such election. 

§ 3. At each general election for mayor and aldermen, Officers, 
here shall be elected a treasurer, assessor, marshal, and 
me or more street commissioners, as shall be provided by 
lirdinance. 
il 

kRTICLE N.— Of the Legislative Powers of the City 

Council. 

Ij § 1. The city council shall have power and authority ^°*®'"*- 
Ico levy and collect taxes upon all property, real and per- 
gonal, within the limits of the city, not exceeding one half 
,)f one per cent, per annum, upon the assessed value there- 
j)f, for general purposes, and one-fourth of one per cent, for 
f^chool purposes, and may enforce the payment of the same 
jin any manner to be prescribed by ordinance, not repug- 
nant to the constitution of the United States, and of this 
state. 

§ 2. The city council shall have power to appoint acieru. 
clerk and all such other officers which are necessary, and 
that are not elective. 

§ 3. The city council shall have power to require of all Require boccu. 
officers appointed in pursuance of this charter, and of such 
other officers as they shall by ordinance direct, bonds 
with penalty and security^ for the faithful performance of 
their respective duties as may be deemed expedient, and 
also require all officers appointed as aforesaid, to take an 
oath for the faithful performance of the duties of their 
respective offices, before entering upon the discharge of 
the same ; to borrow money on the credit of the city: Pro- 
vided, that the sum or sums of money shall be borrowed 
at a greater interest than at ten per cent, per annum, nor 
shall the interest on the aggregate of all the the sums bor- 
rowed and outstanding ever exceed one half of the city 
revenue arising from taxes assessed on real property with- 
in the limits of the corporation: Provided, no money shall 
be borrowed on the credit of the city, except with the 
consent of two-thirds of the legal voters of said corpora- 
tion, who shall vote on the question, at any special elec- 
tion held for such purpose; which election shall be called, 
held and regulated as the city council shall by ordinance 
direct. 

§ 4. To appropriate money and provide for the pay- Funds. 
ment of the debts of the city. 

§ 5. To make regulations to prevent the introduction 
of contagious diseases into the city; to make quarantine ^o^^rs of board. 
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. 



1854. 92 

§ 7. To make regulations to secure the general healt 
ot the inhabitants, to declare what shall be a nuisance, an 
to prevent and remove the same. 

§ 8. To erect hydrants and pumps in the streets ft 
the convenience of the inhabitants and the fire departmen 

§ 9. To open, alter, abolish, widen, extend, establisl 
grade, pave, or otherwise improve and keep in repai 
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 occasio 
may require. 

§ 12. To provide for lighting the streets, and erectin 
lamp posts. 

§ 13. To establish, support and regulate night watches 

§ 14. To erect market houses, to establish market 
and market places, and provide for the government anc 
regulation 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 regula 
ting all public grounds belonging to the city. 

§ 17. To regulate the erection or repair of public oi 
private wharves or docks. 
Auctioneers. § 18. To license, tax and regulate auctioneers, mer- 

chants, retailers, grocers, taverns, ordinaries, hawkers 
pedlers, brokers, pawnbrokers and money changers, anc 
license the sale of liquors by druggists, for medicinal, me- 
chanical and artistic purposes. 

§ 19. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged 
for the carriage of persons, and fix the wagonage, cartagd 
and drayage of property. i 

§ 20. To license and regulate porters and fix the rate 
of porterage. 

§21. To license, tax and regulate theatrical and other 
exhibitions, shows and amusements. 

§ 22. To tax, restrain, prohibit and suppress tippling 
houses, dram shops and gambling houses, and bawdy houses 
and other disorderly houses. 

§ 23. To provide for the prevention and extinguish- 
ment of fires, and to organize and establish fire companies. 
§ 24. To regulate the fixing of chimneys, and fix flues 
thereof. 

§ 25. To regulate the storage of gunpowder, tar, pitch, 
rosin and other combustible materials. 

§ 26. To regulate and order parapet walls and parti- 
tion fences. 

§ 27. To establish standard weights and measures,;! 
and regulate the weights and measures to be used in the 
City, in all cases not otherwise provided for by law. 



93 1854. 

§ 28. To provide for the inspection and measuring of 
imber, and other building materials, and for the meas- 
ling of all kinds of mechanical work. 
^ 29. To provide for the inspection and weighing of 
Liy and stone coal, tlie measurement of charcoal, fire 
ood, and other fuel, to be sold or used within the city, 
r § 30. To provide for and regulate the inspection of 
eef, flour, meal and liquor, in barrels or casks. 
1 § 31. To regulate the inspection of butter, lard and 
i;her provisions. 
§ 32. To regulate the weight, and price, and quality 
bread to be used and sold in the city. 
§ 33. To regulate the size of brick to be sold or used 
the city. 

§ 34. To provide for the taking the enumerations of 
■e inhabitants of the city. 

§ 35. To regulate the election of city officers, and 
I'ovide for removing from office any person holding an 
iBce created by ordinance. 

; § 36. To fix the compensation of all city officers, and 
gulate the fees of jurors, witnesses and others, for scr- 
ees rendered under this act or any ordinance. 
§ 37. To restrain and punish vagrants and street beg- 
irs. 

§ 38. To establish and maintain a bridewell or house 
correction. 

§ 39. To restrain vagrant children, and cause them 
, be sent to school or the city bridewell. 
§ 40. To establish and regulate public pounds. 
§ 41. To punish the authors of nuisances, by fine and 
iprisonment. 

§ 42. To regulate the police of the city, to impose 
iies and forfeitures and penalties for the breach of any 
dinance, and to provide for the recovery and appropria- 
te of such fines and forfeitures, and the enforcement of 
eh penalties. 

§ 43. To fill up, drain, cleanse, alter, relay, repair, 
d regulate any grounds, yards, basins, slips, cellars, 
ivate drains, sinks and privies, direct and regulate their 
nstruction, and cause the expense thereof to be as- 
jssed and collected in the same manner as side-walk as- 
l^sments. 

§ 44. To direct and regulate the planting and pre- 

srving ornamental trees in the streets and public grounds. 

§ 45. The city council shall have exclusive power, 

Uhin the city, by ordinance, to suppress and restrain 

Hiard tables. 

§ 46. The city council shall have power to make all 
(dinances which shall be necessary and proper for car- 
ling into execution the powers specified in this act ; so 



1854 94 

that such ordinance be not repugnant to nor inconsistei 
with the constitution of the United States or of this statji 

atyie. § 47. The style of the ordinances of the city counc 

shall be, " Be it ordained by the City Council oj the Ci 
of Bl^in.''^ 

§ 48. All ordinances passed by the city council sha 
within one month after they shall have been passed, 1 

Published!. published in some newspaper in the county, or posted i 
in three of the most public places in said city of Elgi 
and shall not be in force until they shall have been pu 
lished as aforesaid. 

School districts. § 49. The common council shall have power to lay 
and divide the city into school districts, and from time 
time to alter the same or create new ones, as circui 
stances may require ; to appoint a city superintendei; 
who shall be inspector of common schools, also thr^ 
trustees of schools in each school district; to buy or lea 
sites for school houses, with necessary grounds ; to erecf 
hire or purchase buildings suitable for school houses, ai' 
keep the same in repair ; to furnish schools with necessa 
fixtures, furniture and apparatus ; to fix the amount 
compensation to be allowed to the teachers ; to prescri 
the school books to be used, and the studies to be taug 
in the common schools ; to establish and prescribe t 
powers and duties of the city superintendent of comm' 
schools, and also of school trustees ; to draw the pub], 
moneys ; and generally have and possess the righj 
powers and authority necessary for the proper managi 
ment of common schools, and the school lands and fun! 
belonging to the districts within the limits of the cif 
with power to enact such ordinances as may be necessa; 
to carry their powers and duties into effect. 

Proof ot ordi- § 50. All ordiuauccs of the city may be proven by t 
seal of the corporation ; and when printed or published 
book or pamphlet form, and purporting to be printed a: 
published by authority of the corporation, the same sh 
be received in evidence in all courts and places, withoj 
further proof. 

§ 51. The city council shall have power to establi 
ferries, license and regulate the same on the Fox Riv^ 
running through said city, for the benefit of the inha 
itants and the public. 



nance. 



ARTICLE VI.— 0/ the Mayor. 



§ 1. The mayor shall preside at all meetings of t 
city council, and shall have a casting vote and no othi 
In case of non-attendance of the mayor, at any meetir 
the board of aldermen shall appoint one of their own nu 
ber chairman, who shall preside at that meeting. 



i^o 1854. 

§2. The mayor, or any two aldermen, may call spe- 
cial meetings of the city council. 

§ 3. The mayor shall, at all times, be active and vi- special meetims 
gilant in enforcing the laws and ordinances for the gov-En((,r„iaw. 
ernment of the city ; he shall inspect the conduct of all 
subordinate officers of said city, and cause negligence and 
positive violation of duty to be prosecuted and punished; 
he shall, from time to time, communicate to the aldermen 
such information 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 
inhabitant of said city, over the age of eighteen years, to 
aid in enforcing the laws and ordinances, and in case of 
riots to call the militia to aid him in suppressing the samejR'o*"- 
or in carrying into effect any law or ordinance ; and any 
■person who shall not obey such call shall forfeit to said 
icity a fine not exceeding twenty-five dollars. 

§ 5. He shall have power, whenever he may deem it g ^i^ibition of 
necessary, to require ot any of the officers of said city an '^o«'=^s, &c. 
exhibit of his books and papers. 

§ 6. He shall have power to execute all acts that may 
be required of him by an ordinance made in pursuance of 
this act. 

§ 7. He shall be commissioned by the governor as a commissioned » 
justice of the peace of 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 ac- 
knowledgment 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, and have 
the same validity and effect as acknowledgments of no- 
taries public. 

§ 8. He shall have exclusive jurisdiction in all cases Jurisdiction. 
arisiug under the ordinance of the corporation, and con- 
current jurisdiction with all other justices of the peace, in 
all civil and criminal cases arising from the laws of the 
state, and shall receive the same fees and compensation 
for his services 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 within five miles of the boundaries of the city, for 
the purposes of enforcing the health and quarantine ordi- 
nances and regulations thereoi. 

'i^ 10. He shall receive for his services such salary as 
5hall be fixed by an ordinance of the city' ^^'^'' 

§ 11. In case the mayor siiall at any time be guilty of Omission of <in- 
,a palpable omission of duty, or shall wilfully and corruptly "^'' ^''' 
"te guilty of oppression, raalconduct or partiality, in the 



1854. «6 

discharge of the duties of his office, he shall be liable tc 
be indicted in the circuit court of Kane county ; and ori 
conviction he shall be fined not more than two hundrec 
dollars, and the court shall have power, on the recom- 
mendation of the jury, to add to the judgment of the court' 
that he be removed from office. 

ARTICLE VII.— 0/" Proceedings in Special Cases, 

Right of way, for § 1. Whenever it shall be necessary to take private 
streets, &c. property for opening, widening or altering any public 
street, lane, avenue or alley, the corporation shall make ai 
just compensation to the person whose property is so ta- 
ken ; and if the amount of such compensation cannot be 
agreed on, the mayor shall cause the same to be ascer- 
tained by a jury of six disinterested freeholders of the 
city. 

j,^^.j,jjj_ § 2. When the owners of all the property in a street 

lane, avenue or alley, proposed to be opened, widened ol 
altered, shall petition therefor, the city council may openJ 
widen or alter such street, lane, avenue or alley, uponi 
condition to be prescribed by ordinance ; but no compen- 
sation 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 as- 
sessment of benefits or damages that may accrue thereby 
to any of the petitioners : Provided, that any person peti-l 
tioning at any time for the widening, altering or opening! 
any such street, lane, avenue or alley, shall not be enti- 
tled to any damages or compensation. 
Jurors to assess § 3. All jurors empanuelled to enquire into the amouni 
damages. ^^ benefits or damages which shall happen to the owners 

of property proposed to be taken for opening, widening oX 
altering any street, lane or alley, shall first be sworn tt 
that effect, and shall return to the mayor their inquest, ir 
writing, and signed by each juror. 
How benefits or § 4. In ascertaining the amount of compensation foi 
'IS\T *^''"' property taken for opening or widening or altering anj 
street, lane, avenue or alley, the jury shall take into con-' 
sideration the benefits as well as the injury happening by 
such opening, widening or altering such street, lane, 
avenue or alley. 
Set aside verdict. § 5. The mayor shall have power, for good cause 
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 tax. § 6. The city council shall have power, by ordinance 

to levy and collect a special tax on the holders of lands 
and lots in any street, lane, avenue or alley, or a part of 
any lane, avenue or alley, according to their respectiv<^l 



97 1864. 

fronts owned by thera, for the purpose of planking, paving 
and grading the side-walks and lighting said street, lane, 
avenue or alley. 

ARTICLE VIII. — Miscellaneous Provislo7is. 

§ 1. The inhabitants of the city of Elgin are hereby 
exempt from working on any road beyond ttie limits of the ^y^!"'^a,^,j *"'™ 
city, and from paying any tax to procure laborers to work 
upon the same. 

§ 2. The city council shall have power, for the pur- 
pose of keeping the streets, lanes, avenues and alleys in 
repair, to require every male inhabitant in said city, over 
twenty-one years, to labor on said streets, lanes, avenues Street iabor. 
or alleys, not exceeding three days in each and every 
year, as a poll tax ; and any person failing to perform 
such labor, when duly notified by the street commissioner, 
shall forfeit and pay the sum of one dollar per day for each 
day so neglected or refused. 

§ 3. The city council shall have power to provide for 
the punishment of offenders, by imprisonment in the coun- 
ty or city jail, in all cases where such offenders shall fail oiremicrs. 
or refuse to pay the fines or forfeitures which may be re- 
covered against them. 

§ 4. The city council shall cause to be published orP«i'"'^hp<i. 
posted, annually, a full and complete statement of all 
moneys received and expended by the corporation during 
the preceding year, and on what account received and ex- 
pended. 

§ 5. All ordinances and resolutions passed by the onunanc^^^s, &c. 
president and trustees of the town of Elgin shall remain 
in force until the same shall have been repealed by the 
city council hereby created. 

§ 6. All suits, actions and prosecutions instituted, ^""*- 
commenced or brought by the corporation hereby created, 
shall be instituted, commenced and prosecuted in the name 
of " The City of Elgin." The first process shall be a 
summons, unless oath or affirmation be made for a war- 
rant, as in other cases ; and upon all judgments rendered, 
execution may issue forthwith. 

§ 7. In all actions brought to recover any penalty, ^'jtj.'^finpg ^'^" 
fine or forfeiture incurred under this act, or the ordi- 
nances or regulations made in pursuance thereof, it siiall 
be lawful to declare generally in debt for such penal- 
ty or forfeiture, stating the clause of this act, or the by- 
laws or ordinances, under which the penalty or forfeiture 
is claimed, and to give special matter in evidence un- 
der it. 

§ 8. No person shall be an incompetent judge, justice, 
witness or juror, by reason of his being an inhabitant or 
7 



1864. 



Conservators 
the peace. 



98 






Peoalty.. 



Property of the 
town of Elgin. 



ActBof presidCDt. 
t/Tiisteutt, &c. 



Ppjtuulgate lav 



Aopft*l». 



Tacaucy In office 
■>t mayor. 



freeholder in the city of Elgin aforesaid, in any action or 
proceeding in which the said city is a party in interest. 

§ 9. All officers of the city created conservators of 
the peace by this act shall have power to arrest, or cause 
to be arrested, with or without process, all persons who 
shall break or threaten to break the peace, or who shall be 
conducting themselves in a noisy or rioious manner, commit 
for examination, and, if necessary, detain such persons in 
custody overnight in the watch house or other safe place; 
and shall have and exercise such other powers, as conser- 
vators of the peace, as the common council may prescribe. 

§ 10. Any person elected to any office under this act, 
who shall neglect or refuse to serve, shall forfeit and pay a 
fine of twenty-five dollars. 

§ 11. All actions, fines, penalties and forfeitures which 
have accrued to the president and trustees of the town of 
Elgin, shall be vested in and prosecuted by the corpora- 
tion hereby created. 

§ 12. All property, real and personal, heretofore be- 
longing to the president and trustees of the town of Elgin, 
for the use of tiie inhabitants of said town, shall be and 
the same are hereby declared to be invested in the corpo- 
ration hereby created. 

§ 13. This charter shall not invalidate any act done 
by the president and trustees of the town of Elgin, nor 
divest them of any rights which may have accrued to them 
prior to the passage of this act. 

§ 14. The president and trustees of the town of Elgin 
shall, immediately upon the passage of this act, take 
measures to promulgate this law within the limits of the 
city of Elgin, and issue their proclamation for the election 
of officers, and cause the same to be published in all the 
newspapers of said city, for two weeks in succession, prior 
to the day of election for said officers. 

§ 15. Appeals shall be allowed from decisions in all 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof, to the circuit court of 
Kane 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. 

§ 16. Whenever the mayor shall absent himself from 
the city, or resign, or die, or his office shall be otherwise 
vacated, the board of aldermen shall immediately proceed 
to elect one of their number president, who shall be mayor 
pro tern. 

§ 17. This act is hereby declared to be a public act, 
and may be read in evidence in all courts of law and 
equity within the state, without proof. 



99 1864. 

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

§ 19. The city marshal, or any other officer authorized Marshal. 
to execute writs or any other process issued by the may- 
or, shall have power to execute the same any where with- 
in the limits of the county of Kane, and shall be entitled 
to the same fees for travelling as are allowed to constables 
in similar cases. 

§ 20- The president and trustees of the town of Elgin Eiecuoo. 
shall cause an election to be held in said town one week 
previous to the time appointed for the first election of offi- 
cers under this act, at which time the inhabitants residing 
within the territory described in the second section 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 elec- 
tion 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 : Provided, 
that if at such election a majority of the votes shall be 
against the adoption of said charter, the board of trustees 
of said town of Elgin may order an election to be held on 
the first Monday of May thereafter, to vote upon the adop- 
tion or rejection of said charter ; and if at such election 
a majority of the votes shall be in favor of the adoption 
of said charter, the same shall immediately take effect as 
a law. 

Approved Feb. 28, 1854, 



AN ACT to amend the township organization law. l" for"*? Feb. «, 



1864. 



Be it enacted by the people of the state of Illinois.^ re- 
presented in the General *^ssemhly, 

Section 1. Any township in La Salle county organized 
under the township organization law, may take stock in'''*,^i'jjou*^^ Hi*r 
the Illinois River Bridge Company, of Ottawa, not to ex- ^''•'k* <»™p»"»' 
ceed the sum of five thousand dollars, for any one town 
except the town of Ottawa, which may take the sum of 
ten thousand dollars. That at the annual town meeting of 
such towns, or at any town meeting in such town, called 
as hereinafter provided, a majority of the legal voters 
voting at such annual or called meeting, shall vote to take 
stock in said bridge, shall determine the amount of stock 
to be taken. The supervisor and town clerk of said town 



1854. 



100 



Kefimd, 



shall execute all bonds or other securities on behalf of said 
town, which shall be directed to be executed at such an- 
nual or called town meeting, to secure the payment of the 
stock taken by said town, whicli bonds or other securities 
may bear interest not exceeding ten per cent, per annum. 
Such town, at any annual or called town meeting, may vote 
a tax to pay the interest on the bonds or other securities ; 
which tax when voted shall be assessed and collected as 
other town taxes are : Provided, every town meeting 
called as aforesaid shall be called by the supervisor of 
said town, who shall give at least thirty days' notice of the 
time, place, and purpose of said meeting, by posting up 
written or printed notices in four public places in said town. 

§ 2. Whenever the private stockholders of said bridge 
company shall refund to any town which shall have taken 
stock in said bridge company, the amount of principal and 
interest paid by sucli town, or for which such town may- 
be liable, such town shall cease to be a stockholder in said 
company, and the stock of such town shall be vested in 
such private stockholders. 

§ 3. Any town taking stock in such bridge company 
may sell to said company the stock held by such town : 
Provided, at any annual town meeting, or called town meet- 
ing, a majority of the legal voters of such town, voting 
at such town meeting, shall vote for such sale, and meet- 
ings may be called in such town to vote upon the question 
of selling such stock, in the same manner that they are 
herein authorized to be called, for the purpose of taking 
such stock, and when such sale shall be made the super- 
visor of such town shall transfer such stock to the pui- 
chaser thereof. 

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

Approved February 28, 1854. 



In force March 1, AN ACT to amend an act entitled "an act to dispose of the swamp and 

1854, overflowed landSj and to pay Hie -.xpenses ot seU-cting and surveying thfi 

same/' approved ,J\n\e 22, l^:52 ; and to vest the title of such of the said 

lands as lie in Kankakee county ui said Kankakee county, and to provide 

for the payment of selectirig-, surveying and locating said lands. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented ill the General Jissemhiy, That all the 
swamp and overflowed lands lying v/ithin the boundaries 
of the county of Kankakee, in t!ie state of Illinois, that 
mtievestedintheare and may hereafter be donated by the government of 
XIyI "' ^^°' the United States to the state of Illinois, shall belong to 
the county of Kankakee, in the manner they would have 



101 1854. 

done if said county had been forraed before any action had 
been had in relation to said lands, by the act to which this 
is an amendment : Provided, the county judge of said 
county of Kankakee shall, within six months from the 
passage of this act, appear a^ a term of the county courts 
of the counties of Will and Iroquois, and settle with said 
courts to the satisfaction of said courts, either by paying 
the amounts expended by said counties of Will and Iro- 
quois, and each of them, in selecting, surveying and loca- 
ting said lands, by paying them the money or securing the 
payment and interest, as may be agreed upon between the 
parties, and pay all expenses that may have accrued in 
draining, and shall carry out all contracts already entered 
into for draining said lands. 

§ 2. The auditor of state shall, upon the receipt of the Duty of auditor. 
returns of swamp and overflowed lands selected by the 
counties of Will and Iroquois, or so mucli thereof as may 
be approved by the general government, shall be listed to 
the county of Kankakee, which list shall be certified to 
by the auditor of public accounts, with the seal of his office 
attached thereto, and said list so made out shall be suffi- 
cient evidence of title to the lands therein described. 
The remainder of said lands reported by the counties of Will 
and Iroquois shall he convened to them : Pre ^'^V/ei, the proviso. 
county of Kankakee shall produce a receipt in full satis- 
faction for the expense of selecting, surveying and locating 
the same from the counties of Will and Iroquois. 

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

Approved March 1, 1854. 



AN ACT to recognize the exisfence and authorize the continuance of the jq force Feb 35, 
Madison County Ferry Company. 1854. 

Whereas, by the great flood of 1851, the office of the Mad- pjeamwe. 
ison County Ferry Company, containing all the books, 
papers, by-laws and evidences of the due incorporation 
and organization of said company, together with all t'leir 
accounts and vouchers, was destroyed, and the said com- 
pany apprehend that they incur danger of forfeiture, and 
are liable to much trouble and inconvenience from said 
loss — therefore, 

Section 1. Be it enacted hy the people of the state o/'Rccogni^d !n 
Illinois^ represented in the General ^asemhly, That the 'a^- 
existence of the said Madison County Ferry Company, as 
a legal and existing corporation, is hereby recognized with 



1864. 102 

the same limits and powers, to have perpetual succession 
and power and authority, to keep, maintain and carry on 
their said ferry within the extended limits fixed in their 
original charter, approved February 3, 1840. 

§ 2. Nothing in this act contained shall be so construed 
as to make said ferry company a new corporation, or to in- 
terfere with any existing right, or to exempt said ferry 
company from any debts, duties, or obligations resting on 
said Madison County Ferry Company as heretofore exist- 
ing, notwithstanding the loss of said papers and vouchers, 
and all laws and parts of laws, inconsistent with the pro- 
visions of this act are hereby repealed. 

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

Approved February 25, 1854. 



Borrow money. 



XfMie bonds. 



i» 'o'JI '^'^b- 22? AN ACT to authorize the county of Kankakee to borrow money, and to 

provide for the repayment thereof. 

Section 1. Be it enacted hy the people of the state of 
Illinois^ represented in the General AssemHy^ That the 
county court of Kankakee county be and hereby is author- 
ized to borrow, on the credit of said county, such sum of 
money, not exceeding ten thousand dollars, as may be ne- 
cessary to construct and complete necessary public build- 
ings for said county. 

§ 2. For the purpose of raising said money, the said 
county court may issue the bonds of said county, in sums 
of not less than five hundred dollars each, bearing interest 
at a rate not exceeding ten per centum per annum, and 
payable at any time within ten years from their date, and 
may sell and dispose of the same at any price or rate that 
may be deemed for the interest of said county ; and a sale 
of such bonds, or any of them, at less than their par 
value, shall not affect the liability of said county. 

§ 3. Said bonds shall be signed by the clerk of the 
county court, under the seal of said court, and counter- 
signed by the treasurer, and registered by the treasurer 
of said county, and the interest thereon may be paid at 
such times and places as shall be expressed in said bonds. 

§ 4. Said county court is hereby authorized and em- 
powered, at the time of issuing said bonds, or at any other 
time thereafter, to levy a special tax upon all the taxable 
property in said county, to be assessed and collected as 
other county taxes are assessed and collected, for the pay- 
ment of the whole or any part of the principal or interest 



E-on<is s!?n«!i. 



Special tax. 



103 1854. 

upon said bonds, which shall be collected in gold and sil- 
ver coin only, and when collected shall be paid into the 
treasury of said county, and by the treasurer shall be ap- 
plied to the payment of the principal and interest on said 
bonds. 

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

Approved February 22, 1854. 



AN ACT to amend the charter of the citv of Rockford. in force Mardi < 

^ 1864. 

Be it enacted by the people of the state of Utinois, rep- 
resented in the General *dssembli/, and it is hereby enac- 
ted, asfolloivs : 

ARTICLE I. — Rockford continued a city. 

Section 1. The city of Rockford, in the county of 
Winnebago, shall continue to be a municipal corporation, 
and its corporate name shall be the ^'■City of Rockford.^^ Name, 

§ 2. It sliall have a seal, and its corporate name shall 
be inscribed thereon; but the seal may be otherwise altered 
or changed. 

ARTICLE II.— City Bounds'. 

§ 3. The boundaries of the said city of Rockford shall soundane.. 
hereafter be as follows, that is to say : Commencing at the 
central point of section thirteen, in township forty-four, of 
range one, east of the third principal meridian, and run- 
ning thence south along the middle line of said section 
thirteen, and of sections twenty-four and twenty-five, in 
the same township, two and a half miles, more or less, to 
the quarter section post, in the south line of said section 
twenty-five ; thence west along the south line of the west 
half of said section twenty-five, and along the south line 
of sections twenty-six and twenty-seven, in the same town- 
ship, two and a half miles, more or less, to the southwest 
corner of section twenty-seven; thence north along the 
west line of sections twenty-seven, twenty-two and fif- 
teen, in the same township, two and a half miles, to the 
quarter section post, in the west line of said section fif- 
teen; thence east along the middle line of section fifteen, 
fourteen and thirteen, to the place of beginning; and so 
including within the limits of the said city, the southwest 
quarter of section thirteen, the south half of sections four- 
teen and fifteen, the whole of sections twenty-two, twen- 
ty-three, twenty-six and twenty-seven, and the west half 



I8fc>4. 104 

of sections twenty-four and twenty-five in said township : 
Provided^ tliat no ])ortion of said territory shall be con- 
sidered to be within the corporate limits of said city that 
is reserved or used for farmiitg purposes that is held in 
tracts of a greater amount than thirty acres, until the 
same shall hwA e been sujdivided into lot or lots of thirty 
acres, or less quantities. 
.(idtMons- ^ 4_ Whenever any tract of land adjoining or adja- 

cent to said city shall have been laid out into lots and re- 
corded, or into a lot or lots for the })urpose of sale, or for 
building, whether recorded or not, the same may be de- 
clared a part of said city, by an ordinance thereof, and 
the same shall thereafter be attached to tiie said city, and 
become part of the said corporation for all purposes what- 
soever. But any single lot, exceeding ten acres, intended 
or used for one dwelling only, shall not be taken to come 
within the meaning of this section. 

ARTICLE \\\.—Gentral Powcra. 



§ 5. The said city shall have capacity: 

1st. To sue an'j be sued, to im})lead and be impleaded, 
p«wera. defend and be deft-nded, iu all courts ot law and equity^ 

and in all places whatsoever. 

2d. To jiurchase and hold property, real and personal, 
necessary for the purj)Oses of tlie corporation, and within 
the limits thereof. 

3d. To purchase, receive and hold property, real and 
personal, bejond the limits of the said corporation, for 
burial groujids and for other purposes, for the use of the 
inhabitants of said cify. 

4th. To sell, Kase, convey, or dispose of property, real 
and personal, for the benefit of the said city, and to im- 
prove and protect such property, and to do all other things 
in relation thereto, which natural persons may do- 

ARTICLE IW.— City Government. 

§ 6. The legislative powers of said city shall be vested 
Leeisiaiive pow- in a comnion counci!, and the executive Power thereof 
shall be exeicistd b> a mayor, and such other officers as 
are provided b} il.is act, or may be lawfulh established by 
an ordinnnce ol the said city; and there shall be a [omis" 
siun in tnrulUd t'aw.^ 

ARTICLE Y.— Of me Common Council. 

»-""'i'i. § 7. The common council of the said city shall consist 

of the ma} or and a board of aldermen. 

§ 8. The board of aldermen shall consist of one mem- 
ber elected in each waid. 



105 1854. 

§ 9. The term of office of alderman shall be two years, '''^™«'o"<=«* 
and he shall hold his office until his successor is elected 
and qualified. 

§ 10. The majority of the common council shall con- 
stitute a quorum to do business, but a smaller number niay *^"°'^"™' 
adjourn from time to time, and may compel the attendance 
of absent members, under such penalties as may be pre- 
scribed by ordinance. 

§ 11. The mayor shall preside at all meetings of the 
common council, and he shall have a casting vote therein, casting vote. 
but no other. But in case of his non-attendance, or of a 
vacancy in the office, the aldermen present shall appoint 
one of their number to preside. 

§ 12. There shall be at least one stated meeting of the^^^""^^. 
common council in each month, as may be appointed by 
ordinance, and they may be adjourned from time to time. 

§ 13. The mayor, or any two aldermen, may call spe- Special meetiug. 
cial meetings of the council, by a written notice served 
upon each member personally, or left at their usual places 
of abode. 

§ 14. The place of holding meetings shrill be appointed 
by ordinance. 

. 6 15. The common council shall have power to deter- ^"^^^°'p^***®^' 
mine its rules oi proceedings. 

§ 16. It shall have power to punish its members for 
disorderly conduct, and, with the concurrence of two- 
thirds of the members elected, expel a member for such 
conduct. 

§ 17. The common council shall keep a journal of itsjonmau, 
proceedings, and the yeas and nays, when demanded by 
any member present, shall be entered on it ; and they 
shall, from time to time, publish the said journal. 

§ 18. No person shall be an alderman unless at the Eligibility of »!- 
time of his election he shall have resided six months with- ^^'^^^' 
in the limits of the city, and within the ward for ten days 
next preceding the election, and shall be, at the time of 
his election, a bona fide freeholder in said city, and a citi- 
zen of the United iStates. 

§ 19. If any alderman, after his election, remove from vacate, 
the ward for which he was elected, or cease to be a free- 
holder in said city, his office shall thereby be vacated. 

§ 20. The common council shall judge the qualifica-Q"«i'fi<=*"«°*' 
tions, elections, and returns of its own members, and shall 
determine all contested elections. 

§ 21. All vacancies which may occur in the board of 
aldermen shall be filled by a special election. 

§ 22. No alderman shall be appointed to any office 
under the authority of the city which shall have been cre- 
ated or the emoluments of which shall have been increased 
during the term for which he shall have been elected. » 



1864. 



106 



Oontracts. 



Styl? 



§ 23. No member of the common council shall be, di- 
rectly or indirectly, concerned or interested in any con- 
tract the expenses or consideration whereof are to be paid 
by the said city ; and if any member of the said council 
shall be so concerned or interested the execution of such 
contract may be enjoined at the suit of any person entitled 
to sue out such injunction. 

§ 24. The style of the ordinances of said city shall be, 
" Be it ordained by the Common Council of the City of 
RockJordP 

§ 25. All such ordinances shall, within twenty days 
Publication. after they shall have been passed, be published in some 
newspaper printed in the said city, and shall not be in force 
until they shall have been so published. 

§ 26. All ordinances of the said city may be proved 
Authenucations. by the Seal thereof; and when printed and published under 
the authority of the corporation, whetlier in a newspaper 
or otherwise, such printed copy shall be received in evi- 
dence in all courts and places whatsoever. 

ARTICLE VI.— 0/ the Mayor. 



SItglbSllty. 



Conservator 
tbe peace. 



§ 27. The mayor shall be the chief executive officer 
of the city. 

§ 28. His term of office shall be one year, and he shall 
hold his office until his successor shall be elected and 
qualified. 

§ 29. No person shall be eligible to the office of mayor 
who shall not be a citizen of the United States and a free- 
holder in the said city, or who shall not have been a resi- 
dent of the city for one year next preceding the election. 

§ 30. Besides presiding in the common council, he 
shall, from time to time, give to the common council such 
information and recommend such measures as he may 
deem advantageous to the city. 

§ 31. The mayor shall have power to execute all acts 
that may be required of him by any ordinance made in 
pursuance of this act. 

I § 32. The mayor of said city of Rockford shall be a 
conservator of the peace in the said city, and within the 
congressional township in which the said city is situated ; 
and he shall have summary power to suppress all riots and 
breaches of the peace, and to apprehend all persons who 
may be engaged in his presence in the commission of such 
offences or any indictable offence, and take them before 
the proper tribunal for examination or trial ; and he may 
also apprehend or restrain, for a reasonable time, any 
person who shall be found drunk, or who shall threaten or 
attempt to break the peace. 



107 l«o4. 

§ 33. He is hereby authorized to call upon every male 
inhabitant of said city, over the age of eighteen years, to 
aid in the enforcing of said laws and ordinances and sup- 
pressing any riot or breach of the peace, and in appre-^'o**- 
bending the offenders engaged therein, or threatening to 
break the peace, and to aid in carrying into effect any law 
or ordinance for the government of said city. 

§ 34. Any person who shall, without legal cause, not™;* ^ "'^^ 
obey such call, shall forfeit to the said city a fine not ex- 
ceeding five dollars, to be recovered in an action of debt 
in any court of competent jurisdiction. 

§ 35. The mayor shall inspect the conduct of all in- 
ferior officers of the said city, and shall cause negligence 
and positive violation of duty in such officers to be pre- 
sented and punished. 

§ 36. He shall have power, whenever he may deem it Exhibit bot*e x 
necessary, to require any officer of the city to exhibit his 
books and papers. 

§ 37. The mayor of the said city shall receive such 
salary as shall be fixed by ordinance of the city ; but no salary, 
ordinance fixing such salary shall be passed unless by a 
majority of the aldermen elected. 

§ 38. In case the mayor shall at any time be guilty ofMisdemeanof. 
a 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 for the county of Winnebago, 
and on conviction he shall be fined not more than two 
hundred dollars ; and the court shall have power, on the 
recommendation of the jury, to add to the judgment that 
he be removed from office. 

§ 39. In case the mayor shall remove from the city 
and cease to be an inhabitant thereof, or shall cease to be vacated. 
a freeholder in said city, his office shall thereby become 
vacated. 

§ 40. The mayor may, with the consent of the board of Resign. 

aldermen, resign his office. 

§ 41. When the office of mayor shall be vacated it 
shall be filled by a special election. 

ARTICLE VII.— 0/ Elections. 

§ 42. The annual election in said city shall be held onEiecuoo. 
the third Monday in April in each year, and special elec- 
tions may beheld, whenever necessary, by the order of the 
common council. 

§ 43. The said city shall continue to be divided into ward*. 
four wards, as follows : 

1st. That part of the said city which lies north of State - 
street and east of Rock River shall constitilfe the first 
ward. 



1854. 



108 



K lection of alder- 
men. 



2. That part thereof which lies south of State street 
and east of said river shall constitute the second ward. 

[;i.J That part thereof whicii lies south of State street 
and west of Said river shall constitute the third ward. 

4. That part thereof which lies north of State street 
and west of said river, shall constitute the fourth ward. 

§ 44. The alderman for the said second ward, and the 
alderman for the said fourth ward, shall be elected at the 
annual election in the present year, and every two years 
thereafter; and the alderman for the said first ward, and 
the alderman for the said [third] ward shall be elected at 
the annual election in the year of our Lord one thousand 
eig!»t hundred and fifty-five, and every two years there- 
after. 

§ 45. Each alderman shall be elected in his own ward, 
by the legal voters thereof, and shall be a resident of the 
ward for which he is elected. 

§ 46. The common council shall have power, by ordi- 
nance, to alter the said ward, and to form new wards, 
whenever they shall deem it expedient ; and at the next 
annual election, after a new ward shall be formed, an al- 
derman shall be elected for the same, for two years; but 
if two new wards shall be formed, so that the first annual 
election therein shall be held at the same time, one of the 
aldermen elected therein shall hold his office one year on- 
ly, and he shall be designated by lot drawn between him 
and the other aldermen. 

§ 47. Every person who shall be a citizen of the Uni- 
ted States, and is entitled to vote for state officers, and 
wiio shall have been an actual resident of the ward in 
which he shall offer his vote for thirty days next previous 
to any election, and no other, shall be entitled to vote at 
such election. 

§ 48. Previous to any annual election the common 
J adgeo of >iiection council s^^ jj appoint two judgcs of elcctiou for each ward, 
and they shall hold their office for one year and until oth- 
ers are appointed in their places respectively, 

§ 49. The judges of election in each ward shall hold 
the election therein at such place as the common council 
shall appoint. Twenty days notice of the annual election, 
and seven days notice of every special election shall be 
given in some newspaper in the city. 

§ 50. In case one only of the said judges shall be pre- 
. acaocr. g^j^^ p J. ^|, ^ opening of any election, he shall appoint another 

person, who is a legal voter of the ward, to be judge 
thereof with him. 

§ 51. In case no judge shall be present at the time of 
opening any eleciion, the legal voters of the ward who are 
present shall choose two legal voters for judges of said 
election. ^ 



Voters. 



109 1854. 

§ 52. The judges of election shall appoint two clerks, cierk*. 
and such clerks shall each keep a poll list, of the election, 
and shall enter therein the name of every person who shall 
vote at the election. 

§ 53. Before any vote shall be taken the judges shall oatt. 
severally take the following oath or affirmation : "I, A. B., 
do solemnly swear (or affirm) that I will perform the du- 
ties of judge of this election according to law and the best 
of my ability, and that I will studiously endeavor to pre- 
vent fraud, deceit and abuse in conducting the same." 

§ 51. The clerks ot the said election sliall likewise oaih of ci^rke. 
take a corresponding oath or affirmation. 

§ 55. Such oaths of judges and clerks may be taken 
before any officer authorized to administer oaths, and in 
case no such officer be present, the judges maj administer 
the oath or affirmation to one another j and one of them 
may administer it to the clerks. 

§ 56. All votes shall be by ballot ; containing the name vote by taiiot. 
of every person voted for, and a designation of the office 
for which he is voted. 

§ 57. The votes shall be folded by the voter, and shall 
be received by the judges and deposited in a box, to be 
provided by the city, without having been unfolded or 
opened in any manner. 

§ 58. No ballot shall be received or counted unless 
written or printed upon white paper, and without marks or 
figures intended to distinguish one ballot from another. 

§ 59. If any person shall offer to vote, and his vote be^^'*"'^"?"^"-''" 
challenged by a legal voter of the ward, or one of the judges 
shall suspect that he is not entitled to vote, one of the 
judges shall tender to him the following oath or affirma- 
tion : "You do solemnly swear (or affirm,) that you are a 
citizen of the United States, that you have resided in this 
state for one year, and in this ward for thirty days last 
past, that you are above the age of twenty-one years, and 
that you have not voted at this election." 

^ 60. If the person so ofFerinor to vote shall refuse to Rpf'""*' to tnk« 
take such oath or affirmation, his vote shall be rejected; 
but if he shall take the same, his vote shall be received, 
unless it shall be proved, by evidence satisfactory to the 
said judges, thai some of the facts alleged in sucii oath or 
affirmation are not true, and that such person is not enti- 
tled to vote at such election. 

§ 61. The person who shall take such oath or affirma- P-dnrr. 
tion, knowing the same to be false, shall be deemed guilty 
of wilful and corrupt perjury, and shall be punished accor- 
dingly. 

§ 62. The polls at every election shall be opened at 
least as soon as two o'clock, and shall not be closed sooner 
than six o'clock in the afternoon ; but the opening and 
closing thereof may otherwise be regulated by ordinance. 



1854. 110 

§ 63. To preserve order and protect the judges and 
<',onetai>ie to at- clerks froHi insult and abuse, any constable residing in the 
city, who may be designated by the judges, shall attend at 
every election ; and if the city marshal or any constable be 
not present, the judges may appoint one or more special 
constables for the same purpose. 

§ 64. The judges of election may impose a fine of not 
more than five dollars upon any person who shall conduct 
in a disorderly or riotous manner at any such election, and 
shall persist in such conduct after having been warned that 
such line will be imposed. 

§ 65. Upon such person refusing to pay the said fine, 
i«siia wttrranu the Said judges shall issue a warrant, under their hands 
and seal, directed to the sheriff of the county, marshal, or 
any constable, and the jailer of Winnebago county, com- 
manding the sheriflf, marshal, or constable to commit the 
said person to the common jail of said county, for any time 
not exceeding five days, unless the said fine shall be sooner 
paid ; and requiring the said jailer to receive and keep 
such person in prison accordingly, and the said warrants 
shall be accordingly executed. 

§ 66. When the polls of any election shall have been 
Manner of can- finally closcd, the judgcs and clerks shall proceed to can- 
TttMing votes, yggg |.j^g votes taken. They shall first compare and correct 
the poll list, and shall then count the ballots in the ballot- 
box, and if they shall exceed the number of votes entered 
in the poll list, the said ballots shall be returned to the box, 
and one of the judges shall , publicly draw out therefrom 
and destroy so many ballots unopened as shall be equal to 
such excess. 

§ 67. One of the judges shall then open and read the 
ballots, and the clerks shall each have a tally paper, in 
which he shall enter the name of each candidate, and the 
office for which he receives votes, and shall mark down 
the number of votes each candidate shall receive for each 
office. 

§ 68. If two ballots shall be deceitfully folded togeth- 
er, upon such canvassing they shall both be rejected. 

§ 69. When the votes shall have been canvassed and 

oertiflcate. couutcd as aforcsaid, the judges and clerks shall make out 

a certificate of the result of the election, as near as may 

be, in the following form : "At the election in the first ward 

of the city of Rockford, at , on the third Monday 

of. — J being the ■ day of the same month, in 

the year of our Lord one thousand eight hundred and 
- — — , the following named persons received the num- 
ber of votes annexed to their respective names, for the 
following described offices, to wit : A. B. had fifty-three 
votes for mayor of said city ; C. D. had fifty-one votes for 



Ill 1854. 

mayor of the said city ; E. F. had fifty-four votes for al- 
derman of the said ward ; G. H. had fifty votes for alder- 
man of the said ward. Certified by us, A. B., C. D., 
judges of the election. Attest: E. F., clerk of the elec- 
tion." 

§ 70. One of the said poll lists, and one of the said 
tally papers, and said certificate, shall be attached together 
and returned, by the clerk or one of the judges, to the 
clerk of the city. 

§ 71. The common council shall canvass the returns 
so made, and declare the result thereof. 

§ 72. When two or more persons shall have received Tie, 
an equal and the highest number of votes for mayor, the 
common council shall order a new election. 

§ 73. When there shall be a tie in the election of al- 
derman, a new election shall be ordered in like manner. 

§ 74. The mayor and each alderman, before entering oath. 
upon the duties of their ofiice, shall take and subscribe an 
oath or affirmation to support the constitution of the United 
States and of this state, and well and truly to perform the 
duties of his office to the best of his skill and ability. 

ARTICLE VIII. — Penalties and Liabilities relating to 

Elections. 

§ 75. If any judge of election shall knowingly admit Penalty for me- 
any person to vote at any election in the said city, who is ^*'^*>*'^- 
not qualified according to law to vote at such election, or 
shall knowingly receive and deposite in the ballot-box 
from the same person, at the same election, he shall for- 
feit to the said city the sum of fifty dollars, to be recovered 
in an action of debt, in any court of competent jurisdic- 
tion. 

§ 76. If any judge of election shall receive, or concur 
in receiving, the vote of any person whose vote being 
challenged, and the challenge not withdrawn, shall not 
take the oath or affirmation in that behalf prescribed by 
this act, such judge shall forfeit to the city -the sum of 
thirty dollars, to be recovered in an action of debt, in any 
court of competent jurisdiction. 

§ 77. If any judge of any election in said city shall Liable u. intuct- 
knowingly refuse to receive the vote of any person quali- ™*°*' 
fied to vote at such election, or shall open or unfold any 
ballot, when received by him, without the same having 
been deposited in the ballot-box, he shall be liable to In- 
dictment, and, upon conviction, shall be fined one hundred 
dollars, and imprisoned not exceeding twenty days. 

§ 78. Any judge so refusing to receive, as aforesaid, 
the vote of any person qualified to vote, shall be liable to 
an action on the case at the suit of the person whose vote 



1854. 



112 



Penalty for vo- 
ting twice. 



shall be refused, and such person shall be entitled to re- 
cover damages in such action, not exceeding one hundred 
dollars. 

§ 79. If any person shall vote more than once at any 
election Iield in the said city, he shall forfeit to the said 
city the sura of one hundred dollars, to be recovered by 
indictment, as a fine, or in an action of debt, in the name 
of the said city, in any court of competent jurisdiction. 

§ 80. If any person shall attempt to vote more than 
once at any such election, or shall hand in to any one of 
the judges two or more ballots, folded together with the 
apparent intention of having them deposited in the ballot- 
box, he shall forfeit to the said city a sum of not more than 
twenty dollars, and not less than ten dollars, to be recov- 
ered in an action of debt, in any court of competent juris- 
diction. 

§ 81. If any person shall vote at any election in said 
city, who is not qualified to vote at such election, he shall 
forfeit to the said city a sum not more than thirty dollars, 
nor less than ten dollars, to be recovered in an action of, 
debt, in any court of competent jurisdiction. 

ARTICLE IX.— 0/ City Officers other than Mayor and 
Wilder men. 



Doty. 



Oath. 



Compensation. 



§ 82. There shall be a clerk of the said city, to be ap- 
pointed annually by tlie common council, and hold his 
office until his successor is qualified, subject, however, to 
be removed by the common council. 

§ 83. He shall have the custody of the books and pa- 
pers of the corporation, and of the seal of the city. He 
shall also keep the journal of tlie proceedings of tlie com- 
mon council, and make all entries in the corporation books. 

§ 84. In case of his absence or inability to act, the 
common council may appoint a temporary clerk. 

§ 85. He shall take an oath of office, or affirmation, and 
he shall be required to give a bond to the city in a penal 
sum, to be fixed by tlie common council, conditioned for 
the faithful performance of the duties of his office, and the 
delivery to his successors of the seal and of the books and 
papers of the corporation. 

§ 86. The clerk shall receive such reasonable compen- 
sation for his services as shall be determined by the com- 
mon council. 

§ 87. Ti»ei;e shall be a city marshal and assistant mar- 
shals, treasurer, assessor and collector, to be appointed by 
the common council. 

§ 88. There shall be as many street commissioners as 
the common council shall think necessary. 



113 1854. 

§ 89. There may be such other officers as the common 
council sliall from time to time think necessary. 

§ 90. The city marshal shall be a conservator of the M^^rsiiai. 
peace, and shall have power to suppress riots and breach- 
es of t!ie peace, and to take into custody any person virho 
shall, in his presence, be engaged in the commission of 
any such offence, or any indictable offence, and take sucli 
person before the proper tribunal for examination or trial. Duty. 
The marshal shall also have power to restrain, for a rea- 
sonable time, any person who shall be found drunk, or who 
shall threaten or attempt to break the peace ; and he shall 
be authorized to command assistance for such purposes in 
the same manner and with the like effect as the mayor. 

§ 91. The marshal shall take an oath of office, or affir- ^^^^^i^ „f ^^^.^^ 
mation, and he shall give a bond with sufficient sureties, in 
a penal sum, to be fixed by the common council, conditioned 
for the faithful performance of the duties of his office. The 
assistant marshal shall have the like power, give the same 
security and take the like oath as the marshal. 

§ 92. The treasurer shall take and subscribe an oath 
or affirmation, in the like form as is prescribed for county 
treasurers b}' the second section of the twenty-eighth 
chapter of Revised Statutes. 

§ 93. The treasurer shall also give a bond to said city, j,,^,^^, 
in such penal sum as the common council shall fix, condi- 
tioned for the performance of all duties required of him by 
law, and that he will deliver over to his successor in office 
all books, papers, moneys and other things belonging to 
the said city, and appertaining to his said office. 

§ 94. The common council shall have power to require 
all city officers to give bond, with sufficient sureties, for 
the due performance of tlie duties of their respective of- 
fices. 

§ 95. The city officers, except in cases in which their 
compensation is regulated by law, shall receive such rea- 
sonable compensation as the common council shall appoint. 

ARTICLE X.— General Powers of the City Council. 



§ 96. The common council shall have power to levy 
and collect taxes upon all property, real and personal 
within tlje city, for the following purposes : 

1st. To defray the general expenses of the city, not 
cxcef T.ngfive mills on one dollar of the assessed value 
ther. r. 

2 To pay the interest and principal of the debts of the 
ci' , and 

. For the establishment and support of common 
s ..ools. 

S 



Tax. 
J 



1854. 



114 



r.orrow money. 



Control <>l pro- 
perty. 



Public hous&s. 



Kegulatiim of 
houses of cor- 
rection. 



jiicumbrance 
streets. 



Sridgea. 



Public squares. 



§•97. The common council shall also haje power to 
borrow money on the credit of the city ; but no sum or 
sums of money shall be so borrowed at a greater rate of in- 
terest than twelve per cent, to the year, nor shall the in- 
terest on the aggregate of all the sums to be borrowed 
exceed one-half of the tax assessed upon real estate in the 
city for the general expenses of the city. 

§ 98. Tlie common council shall have the management 
and control of all the property, real and personal, belong- 
ing to the corporation. 

§ 99. They shall have power to erect and establish of- 
fices for the city officers, and the transaction of business 
of the corporation. 

§ 100. They shall also have power to erect and estab- 
lish a house of correction for the confinement of vagrants, 
stragglers, idle or disorderly persons, who may be com- 
mitted thereto by any court, or by the mayor or marshal 
acting as conservator of the peace. 

§ 101. They shall have power to pass all necessary 
ordinances for the regulation of the said house oi' correc- 
tion, and appoint a keeper and as many assistants as may 
be necessary. 

§ 102. The common council shall have power to open, 
alter, widen, extend, establish, grade, pave and otherwise 
improve and keep in repair streets, lanes, alleys and high- 
ways, and to protect the same from encroachment and in- 
jury. 

2. To remove or abate any obstructions or incumbran- 
ces upon the streets, lanes, alleys and highways. 

3. To cause cross-walks, side-walks, drains and sewers 
to be constructed, laid, relaid, cleansed and repaired, and 
to regulate the same. 

4. To prevent the encumbering of the streets, side- 
walks, lanes, alleys, highways and public grounds, v/ith 
teams, horses, carriages, carts, sleds, boxes, barrels, lum- 
ber, timber, firewood, coal, posts or any rubbish, substance j 
or material whatsoever. I 

5. To compel all persons to keep the snow, ice and j 
dirt from the side-walks in front of the premises ov.?ned orj 
occupied by them. , | 

6. To establish and erect bridges, and to keep in re- | 
pair and preserve the same, and regulate the use tliereof 
and travel over the same. 

7. To fence, improve, ornament and protect 8!.v pub- 
lic square, or other public grounds, and to cans shade g 
trees to be planted in the same. 

8. To direct and regulate the planting and presei \ ing 
of ornamental and shade trees in the streets, as well a ; in 
the public grounds. 



115 ^ 1854. 

9. To erect market houses, establish markets and mar- Markttiimisps. 
ket places, and provide for the government and regulation 
thereof. 

10. To establish and erect pounds, and regulate the Poumi.s. 
same, and to provide penalties for the breach thereof. 

11. To establish and make public cisterns and reser-PubU( li^;eI•u?, 
voirs, and to dig wells and erect pumps in the streets, for 

the extinguishment of fires and convenience of the inhabi- 
tants. 

12. To provide for the prevention and extinguishment Kire^. 
of fires, and to organize and establish fire companies, and 

to regulate the same, and to regulate the fixing of chimneys 
and flues thereof, and stove pipes, to prevent the deposite 
of ashes in unsafe places, and to require the inhabitants to 
provide as many fire buckets as they shall prescribe. 

13. To establish, support and regulate night watches. Nis!"^^-ii^i'<?i'- 

14. To take an enumeration of the inhabitants and resi- 
dents of the city as often as they shall judge it necessary. 

15. To secure the general health of the inhabitants, ueaith. 
make regulations to prevent the introduction of contagious 
diseases into the city, and to establish pest houses, and 
make quarantine laws for that purpose. 

16. To define and declare v/hat siiall be deemed nui-xuisancis. 
sances, to authorize and direct the summary abatement 
thereof, and punish the authors thereof by penalties, fine 

and imprisonment. 

17. To compel the owners or occupants of any grocery, 
cellar, tallow chandler shop, soap factory, brewery, barn, 
or other unwholesome or nauseous house, establishment or 
place ; to cleanse, remove or abate the same, from time to 
time, as often as may be necessary for the health, comfort 
and convenience of the said city. 

18. To regulate, restrain and prohibit, within the city, proUiLUi..u.«. 
distilleries, breweries, slaughter houses, slaughtering es- 
tablishments, and all places where any nauseous, offensive 

or unwholesome business may be carried on. 

19. To prevent and punish the sale, or offering for sale Diseasod meat. 
of any unsound or diseased meat or provision. 

20. To prevent the sale or giving away of ardent spir- 
its, or other intoxicating liquors within the said city. 

21. To regulate the time and places of bathing and 
swimming in the river and other waters within the said 
city, and to prevent any obscene or indecent exhibition, 
exposure, or conduct of any kind whatsoever. 

22. To restrain, prohibit and suppress tippling houses, Tippimg hmises. 
dram shops, gaming liouses, houses of ill fame, and other 
disorderly houses, billiard tables, from one to twenty pin 

alleys or tables, and ball alleys or tables, and to authorize 
the demolition of ail instruments of gaming. 



1854. IIG 

(...iiiiii.tr, in . 23. To restrain and prohibit all descriptions of gaming 

and fraudulent devices, and ail playing of dice, cards, and 
games of chance, with or without betting. 

^^'"'- 24. To prevent any riot or noise, disturbance, or dis- 

orderly assemblage. 

Rmm iig ai largo 25. To restrain and regulate or prohibit the running at 

.,! beasts. large of cattle, horses, swine, sheep, goats and other do- 
mestic or domesticated animals, and to authorize the dis- 
training, impounding and sale of the same, for the penalty 
incurred and cost of the proceeding, and also to impose 
penalties on the owners of any such animals for a violation 
of any ordinance in relation thereto. 

Horse laciiiK. 26. To prcvcut liorsc racing, immoderate riding or dri- 

ving in the streets, and prohibit and punish the abuse of 
animals. 

f^iornen. 27. To regulatc, license, suppress and prohibit all ex- 

hibitions of common showmen, shows of every kind, con- 
certs and other musical entertainments by itinerant per- 
sons or companies, exhibitions of natural or artificial curi- 
osities, caravans, circuses, and theatrical performances. 

i.iccnsos. 28. To authorize the mayor or other proper officer of 

the city to grant or issue licenses for such exhibitions, and 
to direct the sums to be paid for such licenses, and the 
fees for granting the same. 

29. To license, tax and regulate auctioneers, hawkers 
and pedlers. 

Impose ihities. ^0. To imposc dutics upou persous who may set up 
temporary establishments for the sale or disposing of stocks 
of goods, whether by auction or otherwise, of not less than 
one nor more than five dollars a day ; to prohibit such 
sales without license, and require security for the pay- 
ment of the said duties. 

31. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged 
for the carriage of persons, and for the conveyance of pro- 
perty. 

32. To license and regulate porters, and fix the rate 
of porterage. 

w-eigiitofhay. ^3. To providc for the inspection and weighing of hay, 
and tiie measuring of fire wood to be sold within the city. 

Powder. 34. To reguiatc or prohibit the storage of gunpowder, 

tar, pitch, rosin or other combustible or dangerous mate- 
rials within the city. 

6 103. The city council shall have power to make all 

oraiiitinces. ^. !_• i i n i j r 

ordmances which shall be necessary and proper ror carry- 
ing into execution the powers granted by this act, so that 
the same be not repugnant to, nor inconsistent with the 
constitution and laws of this state or of the United States; 
and to enforce such ordinances by penalties, forfeitures, 
fines and imprisonrrients. No such penalty or fine, how- 



117 1854. 

ever, shall exceed one hundred dollars, and no such im- 
prisonment shall exceed six months. 

§ 104. The common council shall have power to pro- Panishment of 
vide for the punishment of offenders by imprisonment in <^'i'«»"^<'''*- 
the county jail in all cases in which such offenders shall 
fail or refuse to pay the fines, penalties or forfeitures which 
may be recovered against them. 

ARTICLE XL— 0/ the Assessments of City Taxes. 

§ 105. The taxes imposed by the common council shall tux.s. 
be assessed upon the personal preperty of the inhabitants 
of the said city, and upon the real estate within t!ie same 
which shall be subject to taxation by the state and county. 

§ 106. The common council shall, by the first day of Assrsw;-. 
May in each year, appoint an assessor of taxes for the said 
city. 

§ 107. Before entering upon tlie duties of his office, he Take oat ii. 
shall take and subscribe an oath that he will, according to 
the best of his judgment, skill and ability, diligently, faith- 
fully and impartially perform all the duties enjoined on 
him as such assessor. 

§ 108. Between the first days of May and July in each i.^t. 
and every year, the city assessor shall proceed to take a 
list of all the taxable property in the said city, and assess 
the value thereof, in the same manner as shall be required 
by law of a town assessor. 

§ 109. Each person who is required by law to list his 
taxable property to a town assessor, shall, in like manner, 
list his taxable property in said city to the said city asses- 
sor, and upon being required by the said city assessor 
such person shall sign and deliver to him a certified state- 
ment of his personal effects liable to taxation, in the same 
manner as he is required by law to do to a town assessor. 

§ 110. If any person shall give to the said city assessor I'aiso ust. 
a false and fraudulent list, or shall refuse to deliver to the 
said city assessor, when called upon for that purpose, a list 
of his or her taxable property, as required by law, the as- 
sessor, as a penalty therefor, shall assess the property of 
such person at double its value, and if he shall neglect or 
refuse to do so, said assessor shall be liable, in each case, 
to a penalty of fifty dollars, to be recovered by the said 
city in an action of debt, in any court of competent juris- 
diction. 

§ 111. Every merchant, banker, broker or stock job- ^^-^'^^f-P^'^- 
ber who shall commence business in the said city after the 
first day of May in any year, and who shall be required by 
law to report to the county clerk of the county the proba- 
ble average value of the property by him intended to be 
employed in his business until the first day of May there- 



1854. 118 

after, shall make a like report thereof to the city clerk of 
said city; and if any such person shall not, within one 
month after commencing business as aforesaid, make such 
report, he shall, as a penalty therefor, pay, in addition to 
his lawful taxes, two per cent, upon the value of the per- 
sonal property by him so employed, for the use of tlie said 
city, to be charged and collected as other taxes ; said A'alue 
to be ascertained by the assessor, or if he has made a re- 
turn of his assessment, then by the city clerk. 

6 112. The clerk shall enter the average value so 
reported to the tax list, and the person making the same 
shall pay to the collector a sum which shall bear the same 
proportion to all the tax levied as the time from the day 
on which he shall have commenced business until the first 
day of May next succeeding shall be as to one year. 

Banking toEina- § 113. The asscssmeut of the capital of any banking 
company in the said city, having the right to issue bills 
for circulation as money, shall be made from the report of 
the same made to the clerk of the county by the auditor, 
pursuant to law. 

A.huiuistei oaths § 114. The City asscssor, clerk of ^the county court, 
and any justice of the peace may administer any oath re- 
lating to the assessment of property in the said city which 
may lav/fully be required to be made, and said assessor 
shall be authorized to examine, on oath, any person whom 
he may suppose to have kaowledge of the amount or value 
of the personal property, money or credits of any person 
who shall refuse to list the same ; and in case the person 
so required to give evidence shall refuse to be sworn, or 
if, having been sworn, he shall refuse to answer any perti- 
nent question, the said assessor may proceed in the case 
before a justice of the peace, in like manner as is authori- 
zed by the thirty-first section of" an act for the assess- 
ment of property and the collection of taxes in towns ad- 
joining [adoptiris;^ the township organization law," passed 
10th February, 1853. 

ji,,_,,^j,_ § 115. The assessor shall, on or before the first day of 

July in every year, make a return of his assessment of per- 
sonal property, and also of his assessment of real property, 
to the clerk of the said city, in the same form and manner 
as a town assessor is required to return his assessment 
rolls to the county clerk. 

Pirurs. § 116. The common council shall, upon the return of 

the assessment by the assessor, examine the same, and if 
errors or omissions shall be found therein, cause the asses- 
sor to correct and supply such error and omission, or do so 
themselves. 

Give iiotico. ^ 117. The common council shall, also, upon the re- 

turn of the said assessment, give notice, by an advertise- 
ment in one newspaper or more in said city, that a meeting 



119 1854. 

of the common council will be held at some time, not less 
than ten days after the first publication of such notice, for 
tiie purpose of having the application of any person who 
may think himself aggrieved by the said assessment. 

§ 118. Tile common council may receive the aiiidavit>tti<ia^''- 
of any applicant touching the amount of his taxable pro- 
perty, and may examine witnesses concerning the same, 
and touching the value of any real estate of which the val- 
uation shall be complained of, and the common council 
shall make such order upon any such application as they 
shall think just. 

§ 119. If the common council shall have reason to be- 
lieve, or complaint shall be made to them that the real or 
personal property of any person has been rated to low in 
the assessment, they shall have power to inquire into such 
assessment, and correct the same, and for that purpose 
may examine witnesses, or may examine witnesses and the 
party himself, upon oath, concerning the same. 

§ 120. When the assessment shall have been corrected Rate <.{ taxation 
and completed, the common council shall determine the 
rate of taxation; the city clerk shall set down in the as- 
sessment roll, opposite the names of each person, and oppo- 
site each valuation of property the amount of ta?ies upon 
such property upon the said rate. 

§ 121. The city clerk shall then make a fair copy of Copy, 
the said assessment rolls and the taxes entered in the same. 

§ 122. To tlie said copy shall be annexed a warrant, ''^*"""'* 
under the seal of the said city, and signed by the mayor 
and clerk, directed to the collector of the said city, by his 
style of office, commanding him to collect from tlie several 
persons named in the assessment rolls the several sums 
mentioned in the last column of such roll, opposite to their 
respective names; and in case any person named in the said 
assessment rolls shall refuse to pay his said tax or taxes, 
then to levy the same of the goods and chattels of such 
person by distress and sale thereof, and to make payment 
of the said taxes to the city treasurer, by a day to be spe- 
cified in tlie said warrant. 

§ 123. Such day shall be fixed by the common council, 
and shall not be less than three months from the time of 
issuing the warrant, but the warrant shall be of force as 
well after'the said day as before. 

ARTICLE X.II.— Of the Collection of City Taxes. 

§ 124. In each year, previous to the giving out of the coiiecto-. 
warrant for the collection of taxes, the common council 
shall appoint a collector of taxes for the said city. 

§ 125. They shall require him to give a bond to the 
said city in a penal sum to be specified by them, and which 
shall exceed the whole amount of taxes assessed in such 



1854. 120 

year, with sufficient sureties, conditioned that he will faith- 
fully perform and execute his duties as such collector, and 
will well and truly account for all moneys which he shall 
have received as such collector, and that he will pay over 
to the said treasurer of the city all moneys which he shall 
have received for tax as such collector, within one month 
after he shall have received the same. 
oith. § 126. The collector shall also take and subscribe an 

oath that he will support the constitution of the United 
States and of this state, and that he will faithfully perform 
the duties of his office. 
i,i,H. """S 127. The tax list and warrant shall then be delivered 

to the collector, and he shall proceed to collect the taxes 
mentioned therein. 

§ 128. He shall call at least once on the person taxed, 
or at the place of residence of such person, if in the city, 
and demand payment of the taxes assessed to such person 
on the list. 

§ 12y. The said warrant shall also be operative 
throughout the county of Winnebago, and the said collec- 
tor shall be authorized to distrain, by virtue thereof, any 
where in the said county, and as well without as within 
the said city. 
Sale at auction. § 130. In casc any persoH shall neglect or refuse to 
pay any tax assessed to him in the said list, the collector 
shall levy the same by distress and sale of the goods and 
chattels of such person, and such sale shall be by public 
auction. 
xoUv L- of sale. § 131. The collector shall give public notice of the sale, 
specifying the articles to be sold, and the time and place 
of sale, at lenst six days previous to such sale, by adver- 
tisement, to be posted up in at least three public places 
in the city, if the sale shall be in the city, and if the sale is 
to be out of the city, then in at least three public places in 
the town where the sale is to be. 

§ 132. If the property distrained shall be sold for more 
than the amount of the tax, the surplus shall be returned 
to the owner thereof. 

§ 133. The collector shall receive payment of the tax- 
es on any specified part of any lot or parcel of land taxed 
if the part specified be an undivided part, or if being a sev- 
eral part, the remaining part be sufficient to paj^ the. resi- 
due of the tax assessed upon the said lot or parcel of land. 
§ 134. If the tax be not paid on the remaining part, 
and it be served, the collector shall, in his return, distinct- 
ly specify such remaining part. 
state name. § 135. If the tax be paid on an undivided part, the per- 

son paying it shall, if able, state to the collector the name 
of the owner of the other undivided part, and the collector 
shall enter such name in his return of unpaid taxes. 



121 1854. 

§ 136. If the collector shall be unable to collect any Mate statement. 
tax charged in the said city, by reason of the non-residence, 
removal, absence or insolvency of the person charged with 
such tax, or from any error in the tax list, he shall, when 
he makes his return, make out a statement, in writing, set- 
ting forth the name of the person charged with the tax, the 
valuation of property, the amount of the tax, and his cause 
why it is not collected, and make affidavit that the facts 
stated in such statement are true and correct, and upon 
filing such statement the collector shall be allowed the 
amount of such tax in his settlement. 

§ 137. Such tax, however, shall not be discharged ; 
and if assessed upon personal property, may be collected 
upon the same or a new warrant, or may be inserted in 
the tax list of the subsequent year, or collected by an ac- 
tion of debt. 

§ 138. The collector may at any time be removed from ^J'^^oj'"^ f™'" 
office for misconduct, neglect of duty, or other sufficient 
cause, and when the office shall by any means be vacant, 
the vacancy may be filled by appointment, and the collec- 
tor So appointed shall proceed with the collection of taxes 
remaining uncollected, having first given the proper bond, 
in a penal sura to be directed by the common council, and 
taking the proper oath. 

§ 139. If the original warrant and tax list cannot be^^^^'*** 
had, a new tax list and warrant may be issued. 

§ 140. The tax list and warrant, when delivered to the 
collector, shall be a lien upon the personal property with- 

j in the county of the persons charged with the tax in the 

I said list, until after the return day of the said warrant, and 
may be distrained and sold by the collector notwithstand- 
ing any intervening sale or transfer thereof. 

§ 141. Whenever the taxes on the same property shall ""i^OTeThan^once! 
be paid more than once, by different claimants, the collec- 
tor shall make return of the fact, and the names of the 
claimants, and pay over the money to the treasurer, but 

j the surplus shall never be refunded. 

I § 142. Whenever any person shall pay over taxes to 
the collector, the collector shall enter the payment in his 
list, and give the person paying a receipt therefor, speci- 
fying the name of the person for whom paid, the amount 
paid, what year paid for, and the property on which the 
tax was issued. 

§ 143. The city collector shall be required to make a 
final settlement within twenty days after the return day of 
his warrant. 

§ 144. The city collector shall be allowed three per 
cent, on all moneys collected by him. 



1864. 122 

ARTICLE XllL—Of Judgments for Oity Taxes. 

siatemeutottax- § 145. On OF before the third Monday of April in each 
**' year, the clerk of the said city shall make ont a statement 

of the taxes upon city lots and lands in the said city, which 
shall not have been paid; such statement shall be in a tab- 
ular form, and shall contain the name of the persons to 
whom the said lots and lands were assessed, a description 
of the lots and lands upon which the same were assessed 
and are due, and the amount of such tax due. 

Compare state- § 146. The mayor and clerk shall then compare and 
ment. revisc the said statement, and shall add a certificate thereto, 

under the seal of the said city, that the same is a true state- 
ment of the taxes assessed upon lands in the city, which re- 
main unpaid. 

statement deiiv- § 147. The Said Statement shall then be delivered to 
treasurer.'^"""'^ the county treasurer and collector, and he shall add the 
same to his delinquent list of state, town and county taxes, 
and advertise the same, and shall proceed to take judg- 
ment therefor, in the county court of the said county, and 
sell the lands under the said judgment in the same manner 
as for other delinquent taxes upon land, unless the said 
taxes shall be paid to him, and the same proceedings shall 
be had throughout, as in case of judgment for other taxes, 
and with the like eiFect. 

Require proof. § 148. The judgc of the said county court, however, 
may, previous to giving judgment for such city taxes, re- 
quire proof that the same were lawfully and regularly as- 
sessed. 

Taiuot legal for § 149. No tax shall be considered illegal on account of 

want of formal- • c ^•L • i • ji j_ • j.\ x. 

ity. any inrormaiity in maknig the assessment, or in the tax 

list, or on account of the assessment not being made or 
completed within the time required by law. 
Delinquent Uses § 150. Whenever money shall be received by the couH- 
ty collector for any such delinquent city taxes, he shall- 
pay over the same to the treasurer of said city. And, for 
the due performance of his duties in regard to such delin- 
quent city taxes, he and his sureties shall be liable upon 
his ofiicial bond as such collector. 

ARTICLE X.lW.—Street Labor. 

streetiabor. § 151. The common council shall have power, for the 

purpose of improving the streets, and keeping the streets, 
lanes, alleys and highways, in repair, to require every 
male inhabitant in the said city, of twenty-one years of age, 
to labor on the streets, alleys and public highways within 
the limits of said city, for any number of days, not exceed- 
ing three in each year. 



123 1854. 

152. Any person can commute for such service, by Pay in ucu. 
lying to tlie street commissioner at the rate of seventy- 
e cents for each day. 

§ 153. Every person, who after having three days no- Penalty. 
:e from the street commissioner to perform such labor, 
all neglect or refuse to perform the same, and shall also 
gleet or refuse to commute therefor, shall be liable to a 
nalty of one dollar for each day's labor, to be recovered 
ifore any court of competent jurisdiction, and his liability 
perform the labor shall not thereby be discharged. 
§ 154. The inhabitants of said city shall not be liable 
work upon any roads beyond the limits of the city. 

ARTICLE XV.— 0/ Puhlic Improvements. 

§ 155. The common council shall have power, by or- ^™'i«- 

dance, to establish the grade of all streets in the city, 

d to alter the same when they shall deem it necessary. 

§ 156. They shall have power, from time to time, to 

use any street, or part of a street, or highway, in the said 

ty to be graded, levelled, paved, macadamized or plank- 

, and to keep the same in repair. 

§ 157. They shall have power, from time to time, by or- Side-walks. 

aance, to require side-walks to be constructed in any 
•eet or part of street within said city, of flag stones, plank 
other material, as they shall think proper, and that the 
/ner of each lot or part of lot fronting on such street 
all construct such side-walk along the front thereof, at 
J own expense. 

§ 158. U the owner of any such lot or part of lot shall Refusal, 
gleet or refuse to construct such side-walk in front of 
5 lot or part of lot, for thirty days after being required to 
Instruct the same, and after having had notice thereof, 
ie common council may cause said side-walk to be con- 
I'uctedatthe expense of the owner of such lot or part of lot. 
§ 159. The city shall be entitled to recover the said 
( pense by action. 

§ 160. If such expense be not paid by the owner, with- ExpenBe. 
i thirty days, the common council may make an order 
(ficifying the said expense, and directing the sale of so 
iich of the said lot or part of lot as will pay the same — to 
i sold by the marshal of the said city. 

§ 161. Thirty days notice of such sale shall be pub-^°""' 
ihed by the marshal, in some newspaper published in the 
'ty, specifying the lot or part of lot, and the amount 
•argeable thereon, and for what purpose, and the time 
i.d place of sale. 

§ 162. The sale shall be to the person who will take 
e smallest part of the lot and pay the charges for which 
shall be offered for sale, and the part bid off shall be 



1854. 124 

lengthwise of the lot, and be taken from the eastern si 
thereof, if practicable ; but if the lot lies east and we 
then it shall be taken from the north side thereof. 

oertiacate. § 163. The marshal shall give the purchaser a car 

ficate of such sale, describing the lot, or part of lot so 
the sum for which it shall be sold, and that if not redeel 
ed within two years from such sale, by the payment oi 
sum therein named, to the purchaser, or to the city treas 
rer, for his use, the purchaser will be entitled to a cq 
veyance thereof. 

Kecoidei;. § 164. Such certificate shall be recorded in the 

corder's office, and shall be notice to all persons of su 
sale, but if it be not recorded within ten days after t 
sale purchasers or creditors shall not be chargeable w 
constructive notice thereof, until the said certificate sh 
be entered for record. 

Fees. § 165. The city marshal shall be entitled to one d 

lar for each lot or part of lot sold, and five per cent, 
the moneys brought by the sale, and the same, togeth 
with the costs of advertising, and fifty cents for recordi 
the certificate, shall, previous to the sale, be added to t 
amount charged upon the land. 

§ 166. If no person shall bid for the lot or part of I 
the same shall be struck off to the city, and a certifies 
of the sale shall be given accordingly. 

Redemption. ^ 167. The owner of such lot or part of lot sold sh 

be entitled to redeem the same at any time within t^ 
years, by paying to the purchaser or to the treasurer 
the city, for his use, the amount for which the same sh 
have been bid off, with fifty per cent, of the same add 
thereto, and the expense on the notice in the next ensuii 
section mentioned. 

Publication. § 168. The purchaser shall, within three and sixmont 

previous to the expiration of the said two years, insert t;i 
three weeks, in some newspaper published in the sd 
city, a notice stating the time when he purchased the j 
or part of lot, a description of the lot or part of lot, t 
purchase of the sale when the right of redemption will ^ 
pire, and the amount necessary to be paid to redeem 
same. The expense of such notice, not exceeding one d( 
lar and twenty-five cents, shall be added to the redempti 
money. 

Pgj^. § 169. If such redemption money be not paid with 

the said two years, the city marshal shall execute to t 
purchaser a deed of the land sold, and acknowledge 
same. 

§ 170. The certificate of the publisher of the newsp 
per in which the said notice of sale by the marshal, a ' 
the said notice for redemption by the purchaser, shall ha 
been published respectively, attached to the said deed, sh 



Kvldence of pub- 
Ucatlou. 



125 1854. 

sufficient evidence of the publication thereof ; and the 
ftificate of the mayor, under the seal of the cit}-, attached 
the said deed, and at the time ot the execution thereof 
e person executing the same is marshal of the city, shall 
sufficient evidence of the fact that he was at the time 
irshal of the city. 

§ 171. The said deed shall contain a concise recital of 
'e proceedings, previous to and at the sale, and shall be 
esumptive evidence that the proceedings so recited were 
d, and were regular. 

§ 172. If the owner of such lot or part of lot, at the i""*"'- 
ae of the expiration of the said two years, shall be an in- 
it, such owner or his guardian shall be entitled to re- 
em the same at any time within three months after such 
ant ow:^er shall have attained to majority, by paying to 
e purchaser thereof, or his assigns, the amount of the 
d redemption money due at the end of the said two 
lars, and ten per cent, annual interest thereon from that 
ne until the redemption, if in the meantime no valuable 
iprovements may have been made thereon. 

§ 173. If valuable improvements shall have been made Appraisal. 
)on the lot or part of lot sold, the value thereof shall be 
praised by three disinterested persons, and also the 
lue of the land without reference to the improvements, 
the appraised value of the land, after the deduction of 
B said redemption money, and ten per cent, interest, shall 
ceed the appraised value of the improvement, then the 
Vner or his guardian shall pay the value of the said im- 
ovements in addition to the said redempiion money and 
terest. 

174. Upon redemption in either of these cases, the 
vner shall be entitled to a deed of the land redeemed 
Dm the purchaser thereof, or the holder of his title. 
§ 175. If the appraised value of such improvements be 
[ual to or greater than the diiFerence between the said 
Upraised value of the land and the said redemption money 
id interest, then the owner shall be entitled to recover 
e amount of the said difference, and interest thereon, of 

purchaser or holder of his title, as upon an account 
ttled between them, and the same shall be a lien upon Lien .m umu. 
!e land until paid, but creditors or purchasers shall not 
! chargeable with constructive notice thereof, after ten 
lys from the making of the award, unless the said award 
? recovered. 

§ 176. The said appraisers shall be appointed one of^PP^*|f/' 
em by each party, or if the purchaser or the holder of 
8 title shall not make the appointment the mayor shall 
ake the appointment for him, and the two so appointed 
all appoint the third. 



1864. 126 

Tom. § 177. The said appraisers shall be sworn or affirmi 

truly and impartially to appraise the land and the imprc 
ments thereon ; and they shall make their award in 
ting, under their hands and seals. The award shall asc 
tain the amount to be paid by the purchaser, or the hole 
of his title to the owner, and shall be presumptive e 
dence of a debt of that amount. 

ARTICLE XVI. — Bmnages by Opening or Allerin 

streets. 



Make compensa- S 178. When it shall be necessary to take private pi 
perty tor opening, widening, or altering any public stre: 
lane or alley, the city shall make a just compensatior 
the owner thereof. ^ 

Assessment. § 179. If the amount of such damages cannot be agn 

upon, the mayor shall cause the same to be assessed 
fore him, by six disinterested freeholders of the city, a 
the jury in estimating the damages shall take into consl 
ration the benefits accruing to the said owner by si, 
opening, widening or altering of a street, lane or alley. 

sv7oni. § 180. The said jurors shall be sworn, and make tli 

inquest in writing, in duplicate signed by each juror, i 
they shall deliver one to the mayor and the other to 
owner. 

Aijpeai. § 181. The owner may take an appeal at any ti 

within three months, by entering into an appeal bond, w 
sufficient security in the penal sum of one hundred dolh 
conditioned for the payment of the costs of the appeal, i 
by filing the said bond and inquest with the clerk of' 
circuit court of the county of Winnebago. If upon tria 
the circuit court the appellant recover more than \ 
awarded to him, he shall recover costs, otherwise 
shall pay them. 

§ 182. The omission to take such appeal shall not] 
prive the party of the benefit of certiorari ^.i covainon Ij 
§ 183. When the owners of all the property on a str 
or alley proposed to be opened, widened or altered, si 
petition therefor, the common council may open, widen 
alter the same, upon conditions to be prescribed by oi 
nance, but no compensation shall be made to any of S 
owners for their property taken for the said purpose. 

ARTICLE XVII.— 0/ Common Schools. 

§ 184. The common council shall have power : 
School districts. I^t. To lay off and divide the city into school distric 
alter the same, and create new ones. 

2. To purchase or lease sites for school houses, w 
the necessary grounds. 



Ope a street on 
petition. 



127 1854. 

3. To erect, hire or purchase buildings suitable for 
school houses, and keep the same in repair. 

4. To furnish schools with necessary fixtures, furniture, 
libraries and apparatus. 

5. To establish, support and maintain common schools. 

6. To fix the amount of compensation to be allowed to 
teachers. 

7. To prescribe the studies to be taught in the differ- 
ent schools, and the school books to be used. 

8. To appoint a board of school inspectors, not exceed- 
ing five in number, and to prescribe the duties of such in- 
spectors. 

9. To cause the public moneys for the support of schools, school fund. 
to which the said city, or the schools therein, may be enti- 
tled, to be paid into the city treasury, and to direct the 
expenditure thereof. 

10. To supply the inadequacy of such moneys for the schooitax. 
payment of teachers, by a school tax. 

11. To levy and collect taxes for that purpose, and for Taxes, 
the building of school houses, and repairing the same, and 

for other purposes mentioned in this article. The said taxes 
to be called school taxes, and the funds thereof shall be 
kept a separate fund. 

ARTICLE XVlU.—Mzscenaneoiis Provisions. 

§ 185. The common council shall cause to be published PuiiicatioD. 
annually, a full and complete statement of all moneys re- 
ceived and expanded by the corporation during the pre- 
ceding year, and on what account received and expended. 

§ 186. Appeals shall be allowed in all cases arising Appeals. 
under the provisions of this act, or any ordinance passed 
in pursuance thereof, to the circuit court of the county of 
Winnebago. 

§ 187. The mayor, or person chosen to preside in his AdminiotoroaHu 
place in the common council, shall have power to admin- 
ister oaths to witnesses and others, concerning any matter 
in question before the common council. 

§ 188. The mayor shall have power to take affidavits, and Power ofmayoi. 
administer oaths and affirmations in all matters arising un- 
der this act, and under any act which may hereafter be 
passed for amending the same, or regulating the said city. 

§ 189. Any person who shall in any such matter, or by Perjury. 
any such affidavit, swear falsely, knowingly and wilfully, 
shall be deemed guilty of perjury, and shall be punished 
accordingly. 

§ 190. Any act or part of act organizing the said city, 
or authorizing the organization thereof, and any provision 
of any act adopted, revised, altered, or consolidated by 
this act, and particularly " an act to incorporate towns 



1854. 128 

and cities," passed 10th Feb., 1849, shall be no longer in 
[otia force. force or operation as to the said city of Rockford, except 
for the purpose of supporting proceedings had or com- 
menced, ordinances made, acts and things done, rights 
acquired, and liabilities, forfeitures and penalties incurred 
under and by virtue of the same, so as not to impair the 
legal consequences of any past transaction. 

§ 191. This act is declared to be a public act, and 
judicial notice shall be taken thereof in all courts and 
places. 

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

Approved March 4th, 1854. 



In force Maixhl. AN ACT entitled an act to amend an act entitled " an act to incorporate 
1854. the Wood River Coal Mining Company." 

Section 1. Be it enacted by the people of the state uj 
Illinois, represented in the General Jissemhly, The direc- 

capitai stock, tors of Said company may increase the capital stock of said 
company to. any amount not exceeding the sum of five hun- 
dred thousand dollars, and the par value of the shares of 
the stock in said company may, at the option of the direc- 
tors of said company, be reduced to ten dollars each. 

Coal lands. § 2. The Said company is authorized to purchase and 

hold coal lands for the purpose of mining, not to exceed 
the quantity of twenty-five hundred acres. 

aaiiroad. § 3. Said company shall have power to construct a 

railroad from the said coal mines, to intersect the Terre 
Haute and Alton Railroad Company, and may condemn 
lands for that purpose, in accordance with the provisions 
of an act entitled " an act to provide for a general system 
of railroad incorporations, and the saveral acts amendato- 
ry thereto." 

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

Approved March 1, 1854. 



129 1854. 

AN ACT to vacate a part of a state road leadiiitj from Peoria to Quincy. m force Feb. 28, 

1864. 

Section 1. Be it enacted by the people of the state of 
niinois, represented in the General Assembly^ That so 
much of the state road leading from Peoria, throucrh Ful- 
ton county, state of Illinois, to Quincy, in Adams county, 
state of Illinois, as runs through the lands of Z. S. Hart, on 
the northwest quarter of section two (2,) township three 
(3) north, range two (2) east, Fulton county, state of Illi- 
nois, also that portion of the above mentioned road as runs 
through a part of the land of Levi Horton, on the north- 
east quarter of section three (3,) township three (3) north, 
range two (2) east, Fulton county, state of Illinois, be 
and is hereby declared vacated. 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved Feb. 28, 1854. 



AN ACT to locate a state road therein named. , . , , „ 

In force Feb. 28, 
1864. ' 

Section 1. Be it enacted by the people of the state of 
Illinois, rejjresented in the General Assembly^ That Davis 
Smalley, of McLean county, Daniel C. Stover and Alvin 
Gilbert, of Vermilion county be^and they are hereby, ap- Commissioners. 
pointed commissioners to view, mark, and locate a state 
road fiom the southeast corner of section sixteen, in town- 
ship twenty-five north, of range four, east of the third prin- 
cipal meridian, in the county of McLean, thence east on 
the section line, to the southeast corner of section sixteen, uoad. 
in township twenty-five north, of range six east, thence to 
Burr Oak Grove, thence on the most suitable route to Ten 
Mile Grove, in town twenty-three north, of range nine 
east, thence to Sickles' Grove, in town twenty-three north, 
of range ten east, thence to Sugar Grove, in town twenty- 
two, in range fourteen west, thence by the way of Blue 
Grass Grove, to Harie Gilbert's, on the North Fork of the 
Wabash Vermilion, thence to the Indiana state line, on the 
nearest and best route in the direction of Attica, Indiana. 

§ 2. The said commissioners, or any two of them, shall 
meet at Pleasant Hill, in McLean county, on the first INIon- 
day in April next, or some day tliereafter, and before en- 
tering upon the duties assigned them by this act, shall take 
an oath before some justice of the peace of the county ofoath. 
McLean aforesaid, faithfully to discharge the duties re- 
quired of them by this act, shall proceed to view, mark 
9 



1854. 130 

and locate said road, four rods wide, on the nearest and 
most eligible route. 

Report. § 8. Upon such location being made, the said commis- 

sioners, or any two of them, shall make a report of the same 
to the county courts of McLean and Vermilion counties 
aforesaid, and the said courts shall cause said road, or so 
much thereof as lies in their respective counties, to be open- 
ed and kept in repair, and said road is hereby declared 
to be a state road. 

Yny. § 4. The counties of McLean and Vermilion shall allow 

and paj' said commissioners, their surveyor and assistants, 
a reasonable compensation for their services, in proportion 
to the extent of said road, in each of said counties. 

5. This act to take effect and be in torce from and 
after its passage. 

Approved Feb. 28, 1854. 



In force Feb. 28, AN ACT to amend the charter of the Lockport, Plainfield and Yorkville 
1854. Plank Road Company. 

Section 1. -Se il enacted by the people of the state of 
Illinois, represented in the General Jlssembly, That the 
Lockport, Plainfield and Yorkville Plank Road Company 
be and they are hereby authorized and empowered to 
plank, macadamize or gravel their road, or to plank por- 
tions thereof, macadamize portions and gravel portions 
thereof, as shall be deemed best for their interest ; and to 
ask, demand or receive the same rates of tolls as if the 
whole of their said road were planked : Provided, that said 
company shall keep up, and in good order and repair, each 
and every portion of their said road upon which they shall 
demand or receive tolls, whether planked, macadamized or 
gravelled, and for a failure so to keep their said road in 
such good order and repair, said company shall be preclu- 
ded from asking, demanding or receiving tolls during the 
time such road shall be out of repair. 

§ 2. This act shall take elfect and be in force from and 
after its passage. 

Approved February 28, 1854. 



131 1854. 

AN ACT for the relief of the Peoria and Farmington Plank Road Coia- in force Feb. 28' 

pany. 18S4. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
Peoria and Farmington Plank Road Company, or the as-TSme eitendeti. 
signees of said company, shall have the further term of 
five years from and after the passage of this act to com- 
plete their said road, and it shall be lawful for said com- 
pany to macadamize such portions of their said road which 
"^v be deemed by the company best. 

2. In case said Plank Road Company should be una- indebtednps!.. 
j.e to pay their indebtedness, and said plank road should 
je sold to pay the same, the purchaser or purchasers 
lureof shall have all the rights, powers and privileges, 
md property now owned or enjoyed by said company. 

§ 3. This act to take effect from and after its passage. 

Approved February 28, 1854. 



IN ACT to amend an act entitled -'an act to incorporate the Peoria and in force Feb. 27, 
Bureau Valley Railroad Company." ^854. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General %dssernbly. That the 
japital stock of the Peoria and Bureau Valley Railroad ^"^^f*"*" **^ '^*'''' 
!!!ompany be and the same is herebj^ increased the sura of 
me million dollars, so that from and after the next annual 
neeting of stockholders the capital stock of the said com- 
any shall be two million dollars instead of one million 
oUars, as now provided by law. 

§ 2. The first section of the act to which this is an Termini. 
mendment shall be so construed as to authorize the said 
ompany to fix the termini of their said road, at any place 
within or near the city of Peoria most eligible and conve- 
ient for that purpose, and in the valley of the Bureau 
ft such point as they shall judge most conducive to the 
iterests of said company, and to construct their said road 
rom and to the places aforesaid, paying such damages as 
he owners of property over which the same may pass 
hall sustain, to be assessed in the manner now provided 
•y law. 

§ 3. That wherever damages have been heretofore D»niages. 
r shall hereafter be assessed for real estate taken, or here- 
fter to be taken, under the provisions of the act to which 
his is an amendment, for the construction and mainte- 

ance of said road, its depots, side tracks, water stations, 



1854. 132 

engine houses, maclune shops, or other buildings and ap- 
pendages necessary to the construction and working of! 
said road, and the same damages so assessed, or to beas-i 
sessed, shall have been or shall hereafter be tendered to' 
the owner or owners of the said real estate, the said cor- 
poration, after such tender, shall have full power and au- 
thority to proceed with the construction, working and ope-' 
rating of said road, in the same manner as though said 
damages had been actually accepted and received by said, 
owner, notwithstanding an appeal or appeals may be or 
may have been taken by such owner or owners, from the 
said assessment, and the same may be still pending and un- 
determined. Nor shall said company, after such tender as 
aforesaid, be liable to be restrained by injunction or other 
process from proceeding with the construction and opera- 1 
tion of their said road as aforesaid. 

stiteroai. ^ 4^ g^icj company are hereby fully authorized and 

empowered to alter or change the location of any state oi 
county road over or along which it may become necessaryj, 
to pass with their said railroad, and to relocate the samej. 
as near as may be the former track of said road or roads,: 
and in such manner as not materially to impair the useful-; 
ness of said road or roads, paying to the owner of lands 
over which said road or roads may be relocated sucli 
damages as they may sustain by reason thereof, to be as- 
sessed and estimated in the manner now required by law 
for the location and construction of said railroad over anc 
across the lands of persons or corporations. 

snrvejrput. ^ 5. Said company shall cause to be made and return-- 

ed to the county court of the several counties in whicl 
such alteration or relocation may be made, a survey ant 
plat of the same, showing wherein and to what extent saif 
alteration or relocation has been made, which shall b 
filed and become matter of record in the office of the clerl 
of said court. 

§ 6. Said company shall have power to make sucl 
contracts for the use of their said road as to the director 
or a majority of them shall seem most conducive to the in 
terests of said company. 

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

Approved February 27, 1854. 



(I 



; 



i 



133 1854. 

AN ACT to amend the charter of the town of Princeton. Tu force Fet. ■! 

1864. 

Section 1. Be it enacted by the people of the state of 
Uliiiuis, represented in the General Jlssemhlif^ That the 
iresident and trustees of the town of Princeton, in the 
jounty of Bureau, shall have power to lay out and con* piant road, 
itruct a plank road through said town to the depot of the 
Central Military Tract Railroad Company, cotumencing 
it such point within the limits of said corporation as the 
rustet'S of said town shall designate. 

§ 2. The said president and trustees are hereby au-Tax. 
lorized to levy and collect a tax in the manner provided 
y law for the collection of other corporation taxes in said 
own, en all taxable property within the limits of said tov/n, 
o pay for the construction of said plank road : Provided, 
lat the amount of said tax for any one year shall not ex- 
eed thesum of o le dollar on every one hundred dollars' 
Vorth of taxable property. 

§ 3. The power to levy and collect a tax as provided 
a this act shall continue until the expense of constructing 
aid road shall be fully paid. 

4. This act shall be submitted to a direct vote of vote. 
he inhabitants of said town qualified to vote, at an election 
3 be called by the president and trustees of said town, 
y notice given at least twenty days before said election, 
nd if a majorit)' voting at such election shall vote for con- 
tructing said plank road, tlie said president and trustees 
aall have power to lay out and construct the same, as 
erein provided, and not otherwise. 

§ 5. The corporate limits of the town of Princeton, in Boundary. 
16 county of Bureau, shall embrace all of section No. 
xteen (16) north, of range No. nine (9,) east 6f the fourth 
rincipal meridian, and also the whole of the southwest 
uarter of section nine, in township sixteen north, range 
ine, east of the fourth principal meridian. 
Approved February 28, 1854. 



AN ACT to extend the Okaw Bottom Plank Road. 



inforco March 3. 
1854. 



Section 1. Be it enacted by the people of the state of 
iinois, represented in the General *fissembly. That all 
ich persons as shall become stockholders agreeably to the 
revisions of this act in the corporation hereby created, 
lall be, and for the term of fifty years from and after the 
assage of this act shall continue to be, a body corporate 
id politic, under the name and style of the " Vandalia-^s. 



1854. 



134 



(Hpiml stock. 



Conijnissionorf. 



()ijpn fiooks. 



and State Line Plank Road Company, ^^ and by that name \ 
shall have succession for the term of fifty years, 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 afl'airs, and for the 
transfer of their stock, not inconsistent with the constitu- 
tion of the 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 sucli width as they 
may deem advisable by the directors of said corporation, 
on the route to be selected by them, from the eastern end 
of said road eastwardly, along or on the line of the Cum- 
berland road, to the state line of Indiana, in the direction 
of Terre Haute, through or near the towns of Ewington, 
Greenup, Martinsville, Lodi, Marshall and Livingston. 

§ 3. The capital stock of said company may be two 
hundred thousand dollars, divided into shares of fifty dol-j 
lars each, which shall be considered personal property. 

§ 4. That Gilead Shaw, Jonathan K. Greenough, Ste- 
phen Archer, James B. Robinson, Martin Toner, John 
Coale, Thomas B. McClure and Andrew Dunlap, of Clark 
county; James Ewart, Philip Welchhammer, of Cumberland 
county; John C. Defenbaugh and Presley Funkhouser, oJ 
Effingham county ; and Ezra Griffith, William H. Good 
and H. C. Waterman, of Fayette county, or any three oi 
them, commissioners for securing subscription to the stock 
of said company, when and where, and after such notict 
as they, or a majority of them, shall agree upon, the) 
may require security for the payment of subscriptions 
thereto, and partial payment thereof, from time to time, a< 
they may deem necessary, before the same shall be taken 

§ 5. Said commissioners, or some one or more of them 
shall cause books to be opened for subscription to the cap- 
ital stock of said company, at Vandalia, Ewington, Green- 
up, Martinsville, Marshall and Livingston, at such times 
as they may deem advisable. 

§ 6. The affairs of said company shall be managed bj 
seven directors, one of whom shall be president of tht 
board or company; the 

who may be ex officio treasurer of the company 
directors shall be chosen by the stockholders of said com 
pany, as soon as five thousand dollars shall be subscribec 
of the stock of said company. Directors and other offi-l 
cers of the company shall continue in office for the spac<; 
of one year, and until their successors shall be chosen anc 
qualified. The first election of directors shallbehelda 
the time and place appointed by the commissioners, or Ji 



directors shall elect a secretary. 

The saic 



ll 



135 1854. 

majority of them, but all subsequent elections shall be 
held and regulated according to the by-laws of the compa- 
ny. In all elections each share shall be entitled to one 
vote personally, or by proxy. 

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

§ 8. The said corporation is authorized, as soon as the C' nsirtutio.i. 
board of directors are elected, to commence the construc- 
tion of said road, at such points as they may deem adr 
visable, and as soon as three miles thereof shall be com- 
pleted, 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 con- 
struct bridges and causeways over any stream or slough, 
any where upon the route of said road they may deem ne- 
cessary, and said company may have power to borrow any 
sum of money not exceeding forty thousand dollars, to aid 
in the construction of said road. 

§ 9. The said company shall have power to fix andTosis. 
regulate the tolls to be charged and paid for passing on 
said road, which in no case shall be above the customary 
tolls on other plank roads as now allowed by the laws of 
this state; and it shall be lawful for any toll-gatherer to 
stop and detain any person or persons 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 dol- 
lars and the costs of suit, to be collected by said corpora- 
tion by action of debt, before any justice of the peace of 
the proper county. 

§ 10. The said corporation is hereby authorized to lo- Right of way. 
cate and construct said plank road over any lands owned 
by individuals on the route of said road. Said company 
shall pay all damages that may arise or accrue to any per- 
son or persons, ^'y means of taking their lands, timber, 
rock or gravel, for the use of said road, and when the 
same cannot be obtained by the consent of the owners up- 
on reasonable terms, it shall be estimated and recovered 
in the manner prescribed by law for the recovery of dam- 
ages happening by the laying out of highways. 

§ 11. That when the congress of the United States cumoeiian.i a* 
shall have ceded the Cumberland road to the state of 
Illinois said company shall have full power and authority 
to use the same forever, for the purposes of planking it in 
accordance with this act, and said company shall be enti- 
tled to and hold all materials, bridges, works or labor 



1864. 136 

which now pertains to said road, and which may hereafter 
be used as aforesaid. 

rowers, &c. § 12. Said company shall have all the powers, rights 

and privileges conferred upon plank road companies under 
the general plank road law of this state, and the several 
amendmends thereto, and be subject to all the restrictions 
thereof, except as is herein otherwise provided. 

waoadamize, &c. ^ 13. Said Company may macadamize or gravel any 
portion of said road 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 : Provided, they shall at all times keep such parts of 
the road in good condition and repair. 

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

Approved March 3d, 1854. 



In forc-e March 4, j^N ACT to continue in force an act therein named. 

Section 1. Be it enacted hy the people oj the state of 
Illinois, represented in the General Jissemhly, That the 
provisions of an an act entitled " an act to authorize Lu- 
cius Wells to keep a ferry across the Mississippi river," 
approved February 25th, 1845, be extended and contin- 
ued in force for ten years beyond the time specified in the 
first section of said act. 

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

Approved March 4th, 1854. 



infor'eMarch4, AN ACT to change a part of a state road therein named. 

18E4. 

Section 1. Be it enacted hy the people of the state oj 
Illinois, represented in the General Jissemhly, That all 
Charge. that part of the state road from Chilicothe, in Peoria 

county, to Indiantown, in Bureau county, that lies be- 
tween the Henry and Boyd's Grove road, at the corner 
of section five and six, in township thirteen north, of range 
nine east, and the point in township twelve north, of range 
nine east, where said road diverges from the section line, 
shall be so changed as to run upon the section lines be- 
tween said points. 



137 1864> 



§ 2. Said road hereby changed shall be and is hereby 
declared a part of said state road, and the same shall be 
kept in repair as other state roads. Tliis act to take ef- 
fect and be in force from and after its passage. 

Approved March 4th, 1854. 



AN ACT to establish a certain school district therein named. In force March 4, 



l8^4. 



Section 1. Be it enacted by the people of the state oj 
Illinois^ represented in the General Jissemhly., Tiiat the 
school district heretofore known as school district No.-'^™^" 
seven, in T. forty-three, R. five, east of the third principal 
meridian, be and the same is hereby established under 
and by the name of " Ritey District.'^ 

§ 2. That Henry H. Hastings, Andrew Osborn and^'^"*''- 
Aaron V. Lars, directors of said school district, be and they 
are hereby authorized to demand and receive from the town- 
ship treasurer of T. forty-three, R. five east, the school 
tax voted by the inhabitants of said district, and assessed 
upon the tax roll of the town of Riley, in the county of 
VlcHenry, for the year 1853, to be by them expended in 
erecting a school house upon the site selected by the in- 
habitants of said district. 

§ 3. This act shall take eflfect and be in force from and 
after its passage. 

Approved March 4th, 1854, 



IN ACT to amend the act creating the Springfield Gas Light Company. ^°*°''*\^^*'''^ ^' 

Section 1. Be it enacted by the people of the state oj 
Ulinois, represented in the General Assembly^ That the 
governor, treasurer and auditor be and they are hereby ^^ouse^^&c.wtth 
Authorized and empowered, if in their opinion the public ^*^- 
interest will be promoted thereby, to contract for the 
putting up of the necessary fixtures for lighting with gas 
the state house, governor's house and public grounds. 

§ 2. That a sum of money sufficient for the above pur- pp'^'^p""'*"*'- 
pose is hereby appropriated, to be drawn upon the warrant 
3f the auditor, out of any money in the treasury not other- 
wise appropriated. 

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

Approved March 1st, 1854. 



Ir 



1854. 



138 



In force Feb. 28, AN ACT to amend an act entitled " an act to incorporate the town of Dix- 
^^^'^- on," approved February lOth, A. D. 1853. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jissemhly, That so 

Repealed. much of the act to which this is an amendment as includes 

within the corporation the south half of the southeast 
quarter of section No. five (5,) in township No. twenty- 
one (21,) range No. nine (9,) east of the fourth principal' 
meridian, in the Dixon land district, be and the'^ same is I 
hereby repealed. ^ ! 

Collector. § 2. In addition to the other officers to be appointed by the 

board of trustees of said town, there shall be appointed a; 
collector of taxes and assessments, who shall give bonds, to | 
to the satisfaction of said board, and shall possess all such, 
powers for the fulfilment of the duties of his office as isi 
conferred by law on collectors of state and county taxes. 

Kxceas. § 3. In all cases where an excess of land shall remain,, 

after changing the direction or width of any street or alley ■ 
in said town, as contemplated by the 13th section of the! 
act to which this is an amendment, such excess inter- j 
vening shall become the property of the owner of the land! 
immediately adjoining such excess, and parties aggrieved 
by such change may have redress in the manner prescribed, 
by the fourth section of the act to which this is an amend- 1 
ment. 

«tieet^- § 4. Upon the application of the owners of two-thirds I 

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; 
blocks, to construct a side-walk in front of their respective 
lots, in such a manner, and of such material, and within 
such time, as shall be specified in such ordinance. And if 
any such owner shall fail to construct a side-walk in front 
of his premises, in the manner and within the time specifi- 
ed in such ordinance, the board of trustees shall cause to; 
be constructed, in front of the premises of such delinquent, 
a side- walk of the material and description in such ordi- 
nance specified, and may collect of such delinquent a sum 
of money equal so the cost of said side-walk. 
fines. § 5. In all cases provided for in the eighth (8) section 

of the act to which this is an amendment, the justice of 
the peace having cognizance of the same may impose fines 
not exceeding fifty dollars in each case. 
*'ire3. § 6. In addition to the power conferred for the pre- 

vention and extinguishment of fires by the (7th) seventh 
section of the act, to which this is an amendment, the 
trustees shall have power to levy and collect a tax not ex- 
ceeding two mills on the dollar, on all the taxable proper- 



139 1854. 

ty within said corporation, and the proceeds of said tax be 
exclusively applied to the purposes above specified. 
Approved Feb. 28th, 1854. 



AN ACT to amend an act entitled "an act to relocate a portion of the In force Feb. 28, 
state road leading from Peru to Galena," approved February 10th, 1853. 'S^' 

Section 1. Be it enacted by the peojile of the state of 
Illinois, rejjresented in the General Assembly, That Eli- 
jah Funk, Daniel Hurley and Jacob Helzinger be and 
they are hereby appointed commissioners to relocate a 
portion of the state road leading from Peru to Galena, in- 
stead of Elijah Hank, Daniel Harley and Jacob Helzinger, 
commissioners aj»pointed by the act to which this is an 
amendment, with all the power and authority conferred, 
and all the duties devolving upon the said last named per- 
sons by said act. 

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

Approved Feb. 28, 1864. 



AN ACT to further amend the Joliet and Terre Haute Railroad charter. la force Feb. 28, 

1854. 

Section 1. Be it enacted by the people of the state oj Il- 
linois, represented in the General Assembly, That the Joli- 
et and Terre Haute Railroad charter, approved and in force 
June 23d, 1852, be and the same is hereby further amend- stocks '^^'^ 
ed as follows : said company shall have the power to in- 
crease their capital stock to three millions of dollars, and 
John Chamberlin, Joseph Thomas and John Whitney are 
hereby appointed additional directors of said company, , 

whose powers and duties shall be limited exclusively to 
such portion of said line as runs southerly from the town 
of Middleportto the east line of the state, in the direction 
of Lafayette, and they or their assigns shall have entire 
jurisdiction and control over that portion of said line, with 
power to make such arrangements and contracts as they 
may deem necessary to secure its construction and man- 
agement ; but such portion of said road as shall be built 
under their direction shall be subject to be consolidated on 
just terms with the line northerly from Middleport, when- 



1864. 140 

ever such line shall have been extended by connection or 
otherwise, from Joliet to Middleport. 
.vranchroad. § 2. Said Company shall be and hereby are empower- 

ed, under the provisions of their said charter, and the gen- 
eral lav/s of this state, to lay out, build and construct a 
branch from the said railroad, the same to compose a part 
of said railroad, commencing at or near Middleport, in 
Iroquois county, and running in a southeasterly course to 
the state line in the direction of Lafayette, in the state of 
Indiana, and to connect the same at the state line with any 
railroad in Indiana. 

§ 3. Said company shall be and hereby are empower- 
ed, under the provisions of their said charter, and the gen- 
eral laws of said state, to lay out, build, and construct, as 
as a portion of their said railroad, commencing at Joliet, 
in Will county, and running in a westerly direction by the 
way of Newark, in Kendall county, to the junction of the 
Illinois Central Military Tract and the Chicago and Auro- 
ra railroad, and on just terms to connect with any other 
railroad which said road may cross or intersect. 
might of way, ^ 4. jjj obtaining the right of way on the line of said 

branches, or either of them, said company shall be entitled 
to all the powers and privileges of their said original char- 
ter, and also all the powers and privileges contained in 
any law now in force relative to obtaining the right of way. 

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

Approved Feb. 28th, 1854. 



^"^o*'=|g^^'^'^^3'AN ACT to amend an act entitled "an act to authorize Bryan Shawnessy 
and Henry Simmons to establish a ferry across the Ohio river," approved 
14th February, 1851. 

Section 1 . Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly, That if any per- 
son or persons, not legally authorized thereunto, shall at 
Ferry. any time hereafter run any boat or boats, or other craft, for 

the purpose of conveying passengers or their property 
across the Ohio river, within three niiles of the ferry estab- 
lished by the act to which this is an amendment, except 
as hereinafter provided, he, she, or they so offending shall 
forfeit every such boat or boats, or other craft, to the own- 
er or proprietors of the ferry named in the act to which 
this is an amendment, and the owner or proprietors of said 
ferry, at any time after such forfeiture shall have occurred, 
enter upon and take possession of such boat or boats of 



141 1854. 

other craft to his, her, or their own use, and such offender 
shall moreover pay to the proprietor of such ferry who may 
be aggrieved the sum of fifteen dollars for each person 
who may be thus unlawfully carried or conveyed across the 
said Ohio, to be recovered by motion before any justice of 
the peace of the proper county, upon giving to such 
offender five days' notice of the time and place of making 
such motion; which notice may be served on such person or 
persons, either in or out of the state, by delivering or ten- 
dering a copy thereof: P/'ot'2(/efi?, that nothing herein con- 
tained shall be construed to prevent any person or^ persons 
from crossing the said river, at said ferry, or within three 
miles thereof, in his or her own boat or other craft, on his or 
her own business, and also to take in and cross his neighbors, 
where the same is done without fee, and not with intention 
to injure the said ferry; but in all other cases, except those 
enumerated in this proviso, the forfeitures in this act shall 
be construed to apply to with full force. 

§ 2. This act to take effect and be in force from and 
afti i" its passage. 

Approved March 3d, 1854. 



AN ACT to amend an act entitled ''an act to incorporate tiie Beardstown in fm-ce March 4 
and Petersburg Railroad Company." 1854. 

Section 1. Be it enacted hy the people of the state o/'Amendment. 
Illinois, represented in the General >/issemhly, That the 
charter incorporating the Beardstown and Petersburg 
Railroad Company be and the same is hereby so amended 
as to authorize the said company to construct their radroad 
from Beardstown, in Cass county, to the town of Virginia, 
in said county of Cass, and trom thence to the city of 
Springfield, in Sangamon county, instead of the town of 
Petersburg, in the county of Menard. 

§ 2. And he it further enacted, That the name of the p^J^„g, ^,^^3^^ 
said Beardstown and Petersburg Railroad Company be and 
the same is hereby changed to that of the Beardstown and 
Springfield Railroad Company, and the said Beardstown 
and Springfield Railroad Company are hereby vested with 
all the powers and privileges which were granted to the 
said Beardstown and Petersburg Railroad Company by 
that act to which this is an amendment. 

§ 3. The said Beardstown and Springfield Railroad ixtension. 
Company are hereby authorized and empowered to extend 
their said railroad to Warsaw, in the county of Hancock, 
to intersect at that point with any other roads which are 



1854. 



142 



or may hereafter be constructed ; and Virgil Hickox, Jacob 
Bunn, John T. Stuart, N. B. Thompson, and C. H. Oliver, 
be and the same are hereby added to the company of com- 
missioners, to open the books of subscription to the stock of 
said road. 

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

Approved March 4, 1854. 



jn force March 4, AN ACT to vacate a part of the state road leading from Waverly to Van- 
1854. dalia, and to relocate the same. 

Vacated. Section 1. Be it enacted hy the people of the state of 

Illinois, represented in the General ^fissemhly, That so 
much of the state road leading from Waverly, in Morgan 
county, to Vandalia, in Fayette county, as lies between the 
following points, viz : between the north end of the road 
or lane dividing the lands of Wm. H. Grossman and Hes- 
ekiah Russell, and the half section at corner of section 
(12) twelve, on the west side of said section, be and the 
same is hereby vacated and annulled. 
Relocated. § 2. That SO much of said road so vacated shall be re- 

located as follows, to wit : beginning at the north end of 
said road or lane as above mentioned, thence running west 
on the section line between 12 and 13, to the southwest 
corner of section 12 in township (13) thirteen north, of 
range eight (8,) west of 3d principal meridian, thence 
north on the section line between eleven and twelve, to 
intersect the Waverly and Auburn road, or Waverly and 
Taylorville road, and that said road, when so relocated, 
shall be a state road, and opened and worked as other state 
roads. 

§ 3. That James D. B. Salter, S. C. Woods and S. S. 
Duncan be and they are hereby appointed commissioners, to 
meet at Waverly, in Morgan county, within sixty days 
from, the passage of this act, and after being duly sworn to 
truly locate said road, and to file a copy of their said re- 
location in the county or counties through which said relo- 
cation of said road may run. 

§ 4. This act shall be in force from and after its pas- 
sage, and a majority of said commissioners are empowered 
to proceed in the relocation of said state road in the same 
manner as the whole might do. 

Approved March 4, 1854. 



Commissioner. 



143 1854. 

AN ACr to amend the charter of the Chicago and Aurora Railroad Com- m force Fob, 28, 

pany. "^s*- 

Section 1. Be it enacted hy the 2)cople of the stale ^/Branch ro«-i. 
Illinois, represented in the General Assembly, That the 
said Chicago and Aurora Railroad Company be and is here- 
by authorized to construct a branch from its main line from 
the village of Aurora, in Kane county, to and into the city 
of Chicago, by the way of the village of Napervilie, and 
acquire and hold depot and station ground, and such other 
lands as may be required for the business of the company 
in said city, and for such purposes may acquire the title 
to such lands by voluntary purchases, or under the existing 
laws in such case made and provided. 

§ 2. Tlie name of said company shall be changed to change name. 
that of the Chicago and Southwestern Railroad Company. 

§ 3. The said company and the Central Military Tract consolidate. 
Railroad Company, the Northern Cross Railroad Company 
and the Peoria and Oquawka Railroad Company^ or any 
two or more of said companies, shall be and are hereby 
authorized to consolidate their stocks so as to form one 
stock and one company, upon such terms as may be agreed 
upon, and may assume the name of either as a common 
name, or may adopt such new name as the consolidated 
company may adopt, upon filing with the secretary of 
state a certificate, under the corporate seal of the compa- 
ny, of the name selected and its adoption, and may elect 
the charter of either of said companies thus agreeing to 
consolidate as the charter of the consolidated company, 
certifying and filing certificate of said election in like man- 
ner ; and it shall also be competent for either of the said 
companies to lease, sell or dispose of any part of its road 
to either of the others, with the right to complete, main- 
tain, operate and manage the same upon such terms and 
conditit^ns as may be agreed upon between them. 

§ 4. The provisions of this act shall not effect the pow- 
er now in the city of Chicago to regulate the location of 
the road within the bounds of the city of Chicago. 

Approved February 28, 1854. 



' AN AC r to define and settle permanently the line separating the counties m force Feb. 2«. 
of Hamilton and Saline, and the counties of White and Gallatin. 1854. 

Section 1. Be it enacted hy the 'people of the state of Bowni&ry. 
Illinois, represented in the General Assembly, That the 
section line running east and west through the centre of 
■ township seven south, in range five, six, seven, eight, nine 



1854. 



144 



and ten, east of the third principal meridian, shall consti- 
tute and stand for the county line dividing said counties 
for revenue and all other purposes. Said line shall com- 
mence at the southwest corner of section eighteen, in 
township seven south, in range five east, and shall run 
thence due east on said section line to the southwest cor- 
ner of section seventeen, in township seven south, range 
ten east, thence north on the northern line of said section 
to the centre of the Little Wabash river, and down said 
stream to its confluence with the Great Wabash river. 

§ 2. The qualified voters within the counties of Ham- 
ilton, Saline, White and Gallatin shall, on Tuesday after ^ 
the first Monday in November next, vote for or against 
said change of boundaries of said counties as hereby made, 
for which proper polls shall be opened on the poll books 
by clerks of said counties of Hamilton, Saline, Wliite and 
Gallatin, and the returns of the votes shall be made to 
clerks of the county courts in the same manner as returns 
are made of votes given for county officers, and if it shall 
appear from the poll books of Hamilton and Saline that a 
majority of the votes given on said change of boundaries 
are in favor of the change as contemplated by the first sec- 
tion of this act, then this act to take effect and be in force 
as to the said counties of Hamilton and Saline; and in like 
manner, if it shall appear that a majority of the votes given 
on said change of boundaries by the counties of White and 
Gallatin are in favor of the change contemplated by the 
first section of this act, then this act to take eiFect and be 
in force as to the said counties of White and Gallatin : Pro- 
vided^ that nothing herein contained shall be so construed 
as to interfere with the assessment and collection of the 
state and county revenue as now assessed in the above 
named counties of Hamilton, Saline, White and Gallatin, 
for the years eighteen hundred and fifty-three and four. 

§ 3. That an act entitled " an act to define and settle 
permanently the line separating the counties of Hamiltont 
and Saline, and the counties of White and Gallatin," ap- 
proved February 10th, 1853, be and the same is hereby ' 
repealed. 

Approved February 28, 1854, 



145 1864. 

AN ACT to amend the law in relation to common schools. in force Peb. 38, 

1854. 

Whereas township No. thirty-four (34) north, in range 
No. five, east of the third principal meridian, has been 
divided, and a portion thereof attached to the town of 
Mission, and a portion thereof attached to the town of 
Manlius, in La Salle county — therefore. 
Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlssemhly, That the Divi»»oii. 
school fund of said township No. thirty-four be divided 
between the towns of Manlius and Mission, in La tSalle 
county, in the same proportion that the inhabitants of said ^ 

township No. thirty-four (34) are now divided between Fund, 
said towns. 

§ 2. Said school fund of township No. thirty-four north, 
in range No. five, east of the third principal meridian, 
when divided as aforesaid, shall belong to the said towns 
of Mission and Manlius, in the proportion aforesaid, and 
shall be managed in the same manner that other school 
funds are. 

§ 3. This act to be in force from and after its passage. 
Approved Feb. 28, 1854. 



In force Mart* I, 
1854. 



AN ACT to amend the township organization law. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That the vacate or rc-io- 

. ■* D \ • ^ • i.\ li ..1 cate state roaiJs. 

commissioners oi highways m the several towns in the 
counties of Kane and De Kalb be and they are hereby 
authorized and empowered to alter, vacate, or relocate 
any and all state roads that have been or may hereafter 
be located in their respective towns, and shall have the 
same power and control over state roads that they now 
or hereafter may have over other roads under the town- ^"^^^^p* 
ship organization law. 

§ 2. That sheep be permitted to run at large in Will 
county, unless by vote of the people, at their town meet- 
ing in any town, it shall be otherwise determined. 

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

Approved March 1, 1854. 

10 



1854. 146 

Id force Feb. 28, AN ACT to appoint commissioners to build a court and library room at 
•^^' Mount Vernon, Tor the use of the supreme court. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly^ That Za- 
dok Casey, Noah Johnson, William J. Stephenson, Taze- 
well B. Tanner and John N. Johnson, of Jefferson county, 

oommissiotiers. ^jg ^^^ ^jjgy ^pg hereby appointed commissioners, whose 
duty it shall be to procure a lot of ground, in the town of 
Mount Vernon, Jefferson county, in this state, upon which 
they shall superintend the completion of a building for the 
use of the supreme court, in the first grand division, of such 
size and structure as the Hon. Walter B. Scates, asso- 
ciate justice, shall direct : Provide, the same shall not ex- 

cost. ceed in cost six thousand dollars; which said sum is here- 

by appropriated out of any moneys in the treasury, which 
shall be subject to the order of the said board of commis- 
sioners. Upon the presentation of which order the auditor 
of public accounts is directed to issue the warrant on the 
treasury, in favor of the said board, to be applied and by 
them invested in the construction of said building. This 
act to take effect and be in force from and after its pas- 
sage. 

Approved February 28, 1854. 



la force March4, AN ACT to amend and extend the corporate powers of the town of Mount ij 
1854. Pulaski, in Logan county. I 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That the 
following additional powers be and the same are hereby 
granted to the town of Mt. Pulaski, in Logan county, here 
tofore incorporated under the general incorporation law oi 
this state. 

BouDdaries. § 2. That the boundaries of said town shall include 

section No. 14, township No. 18 N., range No. 2, W. of 
the 3rd principal meridian, and the several additions 
which have been laid off and attached to said town. 

omoors. § 3. That the persons who may be in office as trustees 

of said town under the general incorporation law shall, 
after the passage of this act, be deemed to hold their offi- 
ces by virtue of this act, until the third Monday in March 
1854, and to discharge their duties in conformity to the 
provisions of this act. 

Election of trus- § 4. The trustces shall be elected annually, on the third 
tees, &c. Monday in March, to serve for one year, and until their! 

successors are elected and qualified. They shall appoin 
a president from their own body, and shall appoint all oth-| 



147 1854^. 

er officers of the board; they shall be judges of the qualifi- 
cations, elections and returns of their own members, and 
shall fill all vacancies in said board occasioned by death, 
resignation or otherwise: Provided^ that six months ab- 
sence shall be deemed to create a vacancy, and said trus- 
tees shall give five days notice of the time and place of 
holding elections to fill such vacancies. A majority shall 
constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and compel the attendance 
of absent members, in such manner and under such penal- 
ties as the board may provide, and they may make such 
other rules and regulations for their own government as 
to them may seem right and expedient. 

§ 5. Said board of trustees may grant, purchase, re- 
ceive and hold real and personal estate, and may lease, Esute. 
sell, and dispose of the same, for the benefit of said town; 
they shall have the custody and care of all the public 
grounds,' and the buildings erected thereon, belonging to 
said town, and shall make such rules and regulations re- 
specting the same as they may deem proper and expe- 
dient : Provided.^ this act shall not give said town or trus- 
tees any power or control over the public square, or the 
court house thereon, or the jail or lot on which the jail is 
situated. 

§ (3. Said board shall have power to levy and collect 
taxes upon all real and personal estate in the town, not Taxes, 
exceeding one half per cent, on the assessed value thereof, 
except as is hereinafter provided, and shall pass such laws 
and regulations respecting the collection of taxes, the sale 
of delinquent lands and lots, and the redemption thereof, 
not inconsistent with the general revenue law of this state, 
as they may deem proper. 

§ 7. Said board of trustees shall have power to makeHeaub,&c. 
regulations to secure the general health of the inhabitants; 
I to prevent, abate and remove nuisances; to license and 
regulate groceries; to license and tax auctions, pedlers, 
(theatrical and other shows of amusement, where money is 
I charged for admittance; to restrain and suppress gaming 
: and gaming houses, bawdy houses, and other disorderly 
houses; to fix the fees and compensation of town officers, 
and from time to time to pass such ordinances as are ne- 
cessary to carry into effect the provisions herein granted; 
to impose and appropriate fines and forfeitures for the 
breach of any ordinances, and to provide for tlie collection 
thereof; and in cases arising out of this act, or growing out 
of the by-laws or ordinances made in pursuance of this 
act, any justice of the peace within the corporation shall 
have jurisdiction to hear and determine the same. 
; § 8. Upon the application of two-thirds of the owners Specjai tax. 
pi real estate on any street or parts of streets, it shall be 



1854. 148 

lawful for the trustees to levy and collect a special tax on 
the owners of lots on said streets or part of street, accord- 
ing to their respective fronts, for the purpose of grading ; 
and paving the side-walks in front of said lots. Said board ] 
shall also have power to levy annually a road labor tax 
of not less than two nor more than five days against every 
able-bodied man within the limits of the corporation. 

Fmes, ate. § 9. Said board of trustees shall have power to impose 

fines for open indecency, breaches of the peace, riots, riot- ; 
ous meetings or assemblages, to punish persons for making , 
loud and unusual noises, or for disturbing persons assembled ; 
at religious or other meetings; and it shall be the duty of 
any justice of the peace of said town, upon view or upon 
complaint being made to him, upon oath, of the violations 
of any law or ordinance, to issue his warrant, directed to 
the town constable, or other authorized person, to appre- 
hend the offender or offenders, and bring him or them 
forthwith before him, and after hearing the evidence, if it 
appears that the accused has been guilty of any violation 
of the laws or ordinances of the town, impose such fine or 
imprisonment as is provided by the laws of the state for 
tlie punishment of similar ofienees. 

Appropriation of § 10. All fiues or moucys collected for licenses grant- 
"**' '^' ed under the provisions of this act shall be paid into the 
town treasury, for the use of the inhabitants of said town. 
§ 11. If at the regular election for trustees held on the 
third Monday in March next, a majority of the legal voters 
of said town shall vote against this act, then the same shall 
be null and void : Provided, that if the same be annul- 
led, no right shall be prejudiced or claims vitiated, that 
may accrue under the former act of incorporation, but the 
same shall remain in full force till dissolved by two-thirds 
of the legal voters of said town. 

§ 12. This act to be in force from and after its passage. 
Approved March 4th, 1854. 



m force March 4, AN ACT in relation to a state road therein named. 

1854. 

Section 1. Be it enacted hy the people of the state oj 
Illinois, represented in the General Assembly, That Peteil 
Weirich and James A. McGrue, of Tazewell county, ancj 
C. A. Buck, of Peoria county, be and they are hereby ap-| 
pointed commissioners, and J. A. Nason, of said Tazewell 
county, as surveyor, to mark and lay out a state road froir 
the northwest corner of township seven north, of range 
seven, east of the 4th principal meridian, to the town O: 



I 



149 1854. 

Farmington, in Fulton county, according to the laws of 
the state regulating the laying out and establishing of 
state roads : Provided^ that the counties through which 
said road passes shall not be chargeable with the expenses 
attending the laying out of the same. 

§ 2. This act shall take ejQfect and be in force from and 
after the passage thereof. 

Approved March 4th, 1854. 



AN ACT to relocate the state road from Carlinville, in Macoupin county, in force Marsh 4, 
to Ciiatham, in Sangamon county. 1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly , That Noah 
Mason and Andrew Roach, of Sangamon county, and John commusioners. 
Virden, of Macoupin county, be and they are hereby ap- 
pointed commissioners to relocate, by the way of the towns 
of Girard and Virden, so much of the state road as lies be- 
tween the said towns of Carlinville and Chatham, on the 
most practicable route, and doing as little damage as pos- 
sible to private property. The said commissioners, or a 
majority of them, shall meet at Chatham on the first Mon- 
day of April, or as soon thereafter as may suit their con- 
venience, and after taking an oath before some justice of 
the peace, faithfully to perform the duties required of 
them by this act, shall proceed to view, survey, mark and 
relocate said road ; shall make a report of the location of 
said road, giving the most noted points thereon, and return 
a copy of said report to the clerk of the county court of 
each of said counties through which said road passes; 
which shall be filed by him in his office ; and said road 
thus laid out is hereby declared a public state road, and 
shall be opened and kept in repair in the same manner 
as other public roads are. 

§ 2. The county courts of the respective counties in Pay. 
which said road shall be located, shall cause to be paid to 
the said commissioners, their surveyor and attendants, a 
reasonable compensation for their services out of the 
county treasury. Each county to bear her equal propor- 
tional part of said expenses, according to the distance said 
road shall pass through the same. 

Approved March 4th, 1854. 



1854. 150 

jn force Feb. 28, AN ACT to amend the act entitled " an act to establish the recorder's court 
1864. of the city of Chicago.-' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
city of Chicago shall pay all fees, expenses and charges 
for dieting, committing, discharging and retaining in cus- 
tody, any and all persons committed or convicted of any 
offence within the limits of the city of Chicago, and over 
which said court may have jurisdiction. 

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

Approved Feb. 28th, 1854. 



In force Feb. 28? AN ACT in relation to public roads in Jersey county. 

1854. ^ J J 

Section 1. Be it enacted by the people oj the state of 
Illinois, represented in the General Assembly, That the 

Make contracts, county court of Jersey county be and they are hereby 
authorized and empowered to make contracts for the im- 
provement of such roads in said county as they may think 
proper, with such persons as they may agree to improve 
the said roads. 

oontracts to spe- § 2. The Contract or contracts hereby authorized to be 
*'*^' made shall specify the road or roads to be improved, the kind 

of improvements to be made, and the time when the same 
are to be done. Such contract may authorize the planking, 
macadamizing, or improving such roads with timber, gra- 
vel or sand, the building of bridges, culverts and drains, 
and such other improvements as may be agreed on between 
the parties to such contracts. Such contracts may also 
provide that the road labor done on such roads shall be 
annually applied to such improvements, on such terms and 
conditions as the county court shall deem most for the pub- 
lic benefit. Such contracts may further provide for the 
opening of new roads or changing the location of old roads. 
Whenever such new road shall be agreed to be opened, or 
the location of old roads changed, the county court shall 
proceed to procure the right of way as now provided by 
law in other cases of county roads. The said county court 
may, in their discretion, contract for the taking of stock 
in the company hereinafter provided for, to such amount as 
they may deem most for the public benefit. 

Toug. § 3. Whenever said road or roads ^hall be improved 

according to the contract which may be made between 
the county court and all such persons as may contract as 



151 1854. 

aforesaid, the said county court, in consideration of the 
improvements as aforesaid, may authorize the persons con- 
tracting, or the company hereinafter authorized to be 
formed, to levy such tolls on said road or roads as may be 
agreed on in the original contract. 

§ 4. The persons who may contract with the county Body poiuic,&. 
court as aforesaid, under the provisions of this act, siiall, 
from the time of making such contract, be a body politic 
and corporate, by such name as they may assume, and 
they and their successors shall have perpetual succession, 
may have and use a common seal, may sue and be sued, 
contract and be contracted with, and, in their corporate 
name, be capable of purchasing, holding and conveying 
personal and real estate, and to do whatever may be ne- 
cessary to carry into effect the objects contemplated in 
this act, to the full extent that natural persons may do. 

§ 5. The amount of stock of said company shall be fix-Stock. 
ed by said court, and may, in their discretion, be increased, 
if found necessary. The stock shall be deemed personal 
property, transferable by contract on the certificate of 
stock. 

§ 6. Said company when organized as herein provided, offl'=<=""^- 
may elect such officers, and pass such by-laws and regula- 
tions for the government of said company, and for the 
management of the stock, property and concerns of said 
company, as the said company mny think proper, not in- 
consistent with the laws of the United States, or of this 
state. This act to be in force from and after its passage. 

Approved Feb. 28th, 1854. 



AN ACT to amend the charter of the town of Edwardsville. In force Feb. 27, 

1864. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly, That the 
limits of the town of Edwardsville, Madison county, Illi- 
nois, be so changed as to include and embrace all that ter- Boundaries. 
ritory described as follows : beginning at the S. E. cor. of 
the N. E.i of sect. 11, T. 4, R. 8, running thence north 20 
rods on the section line dividing sections 11 and 12, thence 
east 40 rods, thence north 100 rods, thence west until it in- 
tersects the section line dividing the N. E. i and N. W. i 
of section 11 aforesaid, thence north 40 rods to the southeast 
corner of the S. W. i of sect. 2, thence north until it intersects 
Gordon's, thence down the meanderings of said branch to 
the margin of Cahokia Creek, thence down the left bank 
of said creek to the sect, line dividing sections 3 and 4 in said 



1854. 



152 






town and range, thence south to the N. W. corner of sect. 
10, thence east to N. E. cor. of said sect. 10 south, along 
the section line to the N. W. cor. of the S. W. i of S. W. 
4 of sect. 11, thence due east to the section line between 
sections 11 and 12 aforesaid, thence north to the place of 
beginning. 

§ 2. The proceedings of the president and board of 
trustees of said town, in relation their organization, the as- 
sessment of property, and collection of taxes, and all oth- 
er matters and things appertaining to the discharge of their 
duties as such president and board of trustees, in and 
about the collection of taxes, or relating thereto, for the 
purpose of paying the necessary expenses of maintaining 
the said organization, making the necessary improvements, 
and liquidating the debt and interest thereon of said town, 
are hereby declared good, valid and effectual in law and 
equity, notwithstanding any omissions, irregularities or in- 
formalities in the said proceedings. 

§ 3. That the board of trustees of said town be and 
they are hereby authorized, by and with the consent of the 
owners of property situated thereon, to vacate certain 
streets in said town, and to establish and open new streets 
in lieu thereof. 

§ 4. This act, and the one to which this is an amend- 
ment, shall be deemed a public act, and shall take eiFect 
and be in force from and after its passage. 

Approved Feb. 27, 1854. 



In force March 4, 
1864. 



Borrow aioaey. 



AN ACT to authorize the county of Boone to borrow money. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jissemhly., That the 
board of supervisors of the county of Boone be and here- 
by are empowered and authorized, on the faith and pledge 
of said -county, to borrow a sum of money not exceeding 
ten thousand dollars, at a rate of interest not exceeding 
ten per cent, per annum, for a term not exceeding twenty 
years, and to issue the bonds of the county, under the seal 
thereof, signed by the clerk of the county court, and coun- 
tersigned by the judge of said county. 

§ 2. The board of supervisors of said county are here- 
by empowered, for the purpose of borrowing money as 
aforesaid, to issue the bonds of said county, executed as 
aforesaid, in sums not exceeding one thousand dollars each,, 
bearing interest not exceeding ten per cent, per annum, 
payable annually. Said bonds to be payable within twenty 



153 1854. 

years from date, and to sell such bonds for the best price 
they may obtain for the same, and on such terms as may 
be deemed best for the interest of the county. 

5 3. The money borrowed under this act shall be ap-Buiidcoarth«Ma 
propriated to the building a jail and court house, or either 
of them, in said county, as the board of supervisors may 
deem best. 

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

Approved March 4th, 1854. 



AN ACT to authorize the board of supervisors of Grundy county to borrow in force BUreh 4, 
money, and to provide for the payment thereof. 1864. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
board of supervisors of the county of Grundy be and they Borrow mon«y. 
are hereby authorized to borrow such sum of money as 
in their discretion they may think necessary, not exceed- 
ing five thousand dollars, at a rate of interest not exceed- 
ing ten per cent, per annum, for the purpose of enabling 
said board of supervisors to erect a court house and jail 
in said county. 

§ 2. For the purpose of procuring the money as con- Bonds, 
templated by the first section of this act, said board of su- 
pervisors are hereby authorized and empowered to issue 
bonds, for the redemption and payment of which the faith 
of said county shall be pledged, bearing such rate of inter- 
est as said board may think proper, not exceeding ten per 
cent, per annum, and redeemable not more than ten years 
from tlie date of their issue. 

§ 3. For the purpose of enabling said county to paj 
the interest accruing on said bonds, which shall be paya- 
ble annually, and to pay the principal thereof, when the 
same shall become due and payable, said board of supervi- 
sors is hereby authorized and empowered to levy and col- 
lect a tax, not to exceed the sum of twenty-five cents on^^^ 
every hundred dollars worth of taxable property in said 
county, in addition to the amount now authorized by law 
to be levied and collected for county purposes. The fund 
so raised shall be designated as the " court house fund," 
and shall be appropriated to the payment of the debt and 
interest created for the construction of public buildings as 
aforesaid, and for no other purposes whatever. 

§ 4. Whenever the county clerk of Grundy county shall '^*o«««^» 
present to the said board of supervisors satisfactory evi- 
dence that the debt hereinbefore authorized is fully paid 



1864. 154 

and liquidated, the tax aforesaid shall cease, and shall no 
no longer be levied or collected. 

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

Approved March 4th, 1854. 



^"'<«"^»"*»4' AN ACT to amend an act entitled "an act to incorporate the Elizabeth- 
town and Benton Plank Road Company,'' in force February 12th, 1853. 



1854 



Coostruct, &. 



Mortgage. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
company incorporated by the act to which this is an 
amendment shall have power to construct, maintain and 
continue the said plank road, or any part thereof, com- 
mencing at Elizabethtown, in Hardin county, and extend- 
ing on the line of said road as far as practicable and ex- 
pedient. 

§ 2. The said company, by their corporate name, are 
hereby authorized and empowered to mortgage their said 
plank road, with its privileges and appurtenances, to se- 
cure the payment of such sum or sums of money as they 
are authorized to borrow by virtue of the said act to which 
this is an amendment; and every mortgage hereafter made 
in pursuance of this act shall be executed by the directors of 
said company in their official character, or a majority there- 
of, and shall be good and valid, both at law and in equity, 
for the purposes therein expressed. 

This act ;to be^ deemed a public act, and to take effect 
from and after its passage. 

Approved March 4th, 1854. 



Tax. 



Ha force March 4, AN ACT to amend the act entitled "an act to incorporate the town of 
^**- Rushville," approved March 2d, 1839. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
trustees of the town of Rushville, Schuyler county, be and 
they are hereby authorized, in addition to the taxes already 
authorized to be collected, to levy a tax, not exceeding 
one per centum in each year, on all taxable property in 
said town, the proceeds of which tax shall be applied to 
the payment of the debts of said town. 



155 1854. 

§ 2. The taxes collected under this law may be col- 
lected in the same manner and under the same regula- 
tions that other taxes are collected. 

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

Approved March 4th, 1854. 



AN ACT to amend the law in relation to common schools. in force March 4, 

1863. 

Section 1. JSe it enacted by the people of the state of 
Illinois, represented in the General Assembly, That on 
and at the next annual town meetings of the towns in the 
county of Boone, there shall be an election of three trus- Tniste«e. 
tees in each and every town in said county, who shall, 
when so elected, be the successors of and take the place 
of the school trustees now in office in said towns. 

§ 2. The trustees elected by virtue of this act shall i^^^es. 
perform all the duties required by tlie school laws now in 
force. 

§ 3. The trustees elected under this act shall hold'^^™* *>' *^«*' 
their office one year, and there shall be an election of tliree 
trustees of schools at each and every annual town meet- 
ing of the towns in said county. 

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

Approved March 4th, 1854. 



AN ACT to amend an act entitled " an act to incorporate the town of Car- In force Marcbi, 
lyle, Clinton county," approved Feb. 12, 1853. ^^^ 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That no 
forfeiture of the rights and privileges conferred upon the Not forfeited, 
inhabitants of Carlvle by the act of February 12, 1853, by 
their failure to vote to accept said act of incorporation, and 
to elect trustees at the time required by the third section 
of said act, shall be claimed as against said town, but the 
same are hereby revived. 

§ 2. The clerk of the county court shall give notice ofNotioe of election 
the meeting of said inhabitants of said town, to vote for 
or against the acceptance of the above recited act, and 
of this act, by putting up notices in four of the most public 
places in said town, at least twenty days before the day of 



1854. 



156 



said meeting, and which said meeting shall be held on the 
first Saturday in April next, or on the first Saturday in any 
succeeding month thereafter, and the inhabitants then as- 
sembled, after having voted in favorof accepting the above 
act of incorporation, and of this act, shall at the same time 
elect five trustees, who at their first meeting shall elect 
one of their number to be president, and on the first Mon- 
day of May, annually thereafter, an election shall be held 
for five trustees, in the manner prescribed by the act to 
which this is an amendment. 
Surveyor. § 3. The president and trustees so elected and chosen 

as aforesaid shall, after organizing their board, have ample 
power to employ a competent surveyor to re-survey and 
plat said town of Carlyle, and shall from time to time have 
full power to levy and collect a yearly tax, not exceeding 
the one half of one per centum of the taxable value of the 
town lots included within the corporate limits of said town 
of Carlyle, as rated in taxation for the state and county 
purposes, to constitute a fund to pay for such re-survey and 
plat, and the recording thereof in the recorder's office, in 
Clinton county, Illinois; and certified copies of said re-sur- 
vey and plat so recorded as aforesaid, under the hand and 
seal of the recorder of Clinton county, for the time being, 
shall be received as evidence in all courts before which the 
question may hereafter arise, to fix and establish the true 
boundaries of all lots in said town of Carlyle. This act, 
and the act to which the same is an amendment, shall be 
construed to apply to the town of Carlyle as known and 
designated as Lower and Middle Carlyle, and the two 
towns so named and called as aforesaid are hereby united, 
and forever hereafter shall be styled, known, and called 
by the name of Carlyle. 
cowien). ^ 4, The surveyor employed to re-survey and plat said 

town, shall perpetuate the corners of blocks by durable 
monuments, and shall commence his survey at some known 
corner of the quarter section in which said town is laid off, 
and shall in no case change by his survey the course and 
width of streets and alleys, or the size of the blocks and 
lots as established by the original survey and location of 
said towns. 

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

Approved March 4th, 1854. 



157 1854. 

AN ACT to amend the charter of the city of Pekin. Id force Feb. 27. 

1854. 

Section 1. Be it enacted hy the people of the state of^-nvf^i^A money. 
Illinois, represented in the General tdssembly, That the 
city of [Pekin] is hereby authorized to appropriate and 
expend any sura not exceeding five thousand dollars on or 
to open a road from the bluffs on the west side of the Illi- 
nois, opposite Pekin, to the northwest corner of township 
seven north, range seven east, in Peoria county. 

§ 2. That the city of Pekin is hereby authorized to Bridge, 
contract with any railroad company, by sale of her ferry 
across the Illinois river to said company or otherwise, for 
the transporting or crossing of persons, teams, horses, wa- 
gons and other things, by a bridge or otherwise, instead of 
ferrying over : Provided, that nothing contained in this 
act shall be so construed as to authorize the construction 
of a bridge unless by act of the legislature. That this act 
shall be in force from and after its passage. 

Approved February 27, 1854. 



AN ACT in relation to the Pittsfield and Florence Plank Road Company, in force Feb. 28, 

1861. 

Section 1. Be it enacted by the people of the state o/" witnesses. 
Illinois, represented in the General Assembly, That stock- 
holders in the Pittsfield and Florence Plank Road Compa- 
ny in this state shall be competent witnesses for or against 
said company in all suits of law and equity in which said 
company shall be a party. 

§ 2. That all penalties which may be recovered bypj^eg^j^^ 
said company under any law of this state, shall be paid 
into the treasury of said company, any law to the contrary 
notwithstanding. 

§ 3. This act to take effect from and after its passage. 

Approved February 28, 1854. 



AN ACT to authorize the counties of Fayette, Effingham, Cumberland and j^ ^^^^ ^^-^ 2,^ 
Clark to issue bonds, levy tax, and subscribe to stock in plank roads, and ism. 

sell the same. 

Section 1. Be U enacted by the people of the state o/^jasne tondi. 
Illinois, represented in the General Assembly, That the 
counties of Fayette, Effingham, Cumberland and Clark be 
authorized to issue bonds to an amount not exceeding fifty 



1854. 158 

thousand dollars each, and to bear interest not greater than 
ten per cent., and redeemable at any time within thirty 
years : Provided^ that the county court shall first order a 
vote to be t^ken by the legal voters of said counties, in the 
manner of conducting general elections, after notice be 
given as is required by law for a special election; which 
vote shall be cast "for" and "against" issuing such bonds; 
and if it appear that a majority of such votes be cast "for," 
then the said county court shall appoint a commissioner 
for the sale of such bonds, under such instructions as they 
may give. 

sp«cCftiTax. § 2. e^;2(i Zie zVy?^r/Ae/* e?2<2Cife^, That the county court, 

at the first regular meeting after issuing bonds as provided 
for in the first section of this act, shall proceed to levy a 
special tax, not to exceed fifty cents on the hundred dol- 
lars of taxable property of said county; which tax shall be 
set apart and exclusively applied to the payment of the 
interest on said bonds, annually, and the principal at such 
times as the county court may decide. 

Subscribe stock. § 3. The county court of said county shall be author- 
ized to subscribe stock to plank roads, and sell the same 
at any time they may so order, and when said stock shall 
be sold the proceeds of sale shall be exclusively applied 
to the redemption of the bonds authorized to be issued by 
the first section of this act. 
Approved Feb. 28, 1854. 



la force Feb. 28, AN ACT to amend an act entitled "an act to charter the Ottawa^ Oswego 
1864. and Fox River Valley Railroad Company." 

Amendment. Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Jissemhly, That the 
charter of the Ottawa, Oswego and Fox River Valley Rail- 
road Company be and the same is hereby so amended as 
to authorize the said company to construct a railroad, un- 
der the provisions of their said charter, from suclr point 
westerly from Oswego as the said company shall deem 
most advantageous, within the limits of the county of Ken- 
dall, through and by the village of Oswego, and the village 
of Naperville, to Chicago. 

Oonnection. § 2. Said Company shall have power to connect, on 

just terms, with any other railroad which its line may ap- 
proach, having similar termini, and any railroad which the 
said line may cross. 

§ 3. This act shall take effect from and after its pas- 
sage. 

Approved February 28, 1854. 



159 1854. 

AN ACT to amend an act entitled "an act to incorporate the Terre Haute in force Feb. 28, 
and Alton Railroad Companj'." 1864. 

Section 1. Be it enacted hy the people of the state o/*Br;uichro»<i. 
Illinois, represented in the General Assembly, That the 
Terre Haute and Alton Railroad Company be and they are 
hereby authorized to construct a branch of their line of 
railroad from Paris, in the county of Edgar, in an easterly 
or northeasterly direction, to such point on the eastern 
line of the state as may be deemed advisable by said com- 
pany, and to form a connection with any railroad company 
in the state of Indiana; and for the purpose of constructing 
said branch may issue stock or bonds of said company, or 
of said branch, to such an amount as the said company 
may deem advisable, and may secure said bonds by mort- 
gage upon the said branch road, and may consolidate said 
branch road with any such company in the state of Indiana 
with which it may connect, on such terms as may be agreed 
upon between the parties. 

§ 2. Said company shall have power to take and hold Take stock, 
stock in or loan its credit to any railroad company within 
this state, whose road may connect directly, or by connect- 
ing lines, with said Terre Haute and Alton Railroad Com- 
pany. 

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

Approved February 28, 1854. 



AN ACT to amend an act entitled "an act to incorporate the Terre Haute in force Feb. 28, 
and York Junction Railroad Company," approved February 12, 1853. 1854. 

Section 1. Be it enacted hy the people of the state q/'Termin!. 
Illinois, represented in the General Jissembly, That the 
said company shall have the power and autliority so to 
construct their railroad as to leave the Wabash river at a 
point or points within the corporate limits of the city of 
Hutsonville, in the county of Crawford, and pursuing, as 
near as may be, an air line west, terminate the same on 
the bank of the Mississippi river at or near Illinoistown, in 
St. Clair county; and for that purpose all the powers, fran- 
chises and privileges are hereby extended to said company 
as are conferred by the act to vv^hich this is an amendment, 
and pov/er is hereby given said company to cross their 
railroad over the Wabash river from Hutsonville : Provi- 
ded, that nothing herein contained shall be so construed as 
to authorize or empower said company, in extending said 
railroad across the Wabash river, to impede or obstruct 
the navigation of the same. 



1854. 160 



rators. 



Additional corpo- § 2. In addition to the corporators named in said act 
the following persons are hereby made and constituted a 
part of said body politic and corporate, namely : Richard 
G. Morris, Josiah Ward, William N. Steel, Silas Bishop, 
John N. Hackett, Nathaniel Newlin, John D. Price, Wm. 
Barbee, and William Ping and Norman Comstock, a ma- 
jority of whom shall have power to open books for sub- 
scription, at such times and places as they may deem re- 
quisite, after giving the notice as in the said act to which 
this is an amendment is prescribed. 

§ 3. The persons named in the preceding section of 
this act shall be and they are hereby constituted a part of 
the first board of directors, to carry out the objects of this 
amendment, and all the provisions of said act shall apply 
to said additional members of the board. A majority of all 
the persons named in said act, and in this amendment, shall 
be sufficient to transact business. 

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

Approved February 28, 1854. 



In jorce March 1, AN ACT to amend an act entitled "an act to amend an act entitled 'an act 
^^^- to incorporate the Nauvoo and Warsaw Railroad Company.' " 

priTate property Section 1. Be it enacted by the people of the state of 

ot stockholders, j^^-^^^^^ represented in the General Assembly, That the 
private property of the stockholders of the Warsaw and 
Rockford Railroad Company shall in no case be holden or 
liable for the payment of any moneys borrowed, bonds is- 
sued or debts of the company contracted, by virtue of the 
charter of said company, in the eleventh section of the 
charter of the Nauvoo and Warsaw Railroad Company. 

Capital stock. § 2. The Capital stock of said company may be in- 
creased to the sum of five millions of dollars, from time to 
time, by order of the directors, and they may cause to be 
issued bonds to such an amount as they may deem advisa- 
ble; which bonds may be made convertible into the stock 
of said company, and be secured by mortgage on their pro- 
perty. 

Right of way. § 3. The towns, cities and counties in or through which 
said road may be located, are hereby severally authorized 
to grant, through their proper authorities, to said compa- 
ny, the right of way and use of their streets, avenues, al- 
leys, roads, levees, public landings, with the privilege of 
filling out said levees and landings, and building depots 
and proper landing places on the same. 



161 



1854. 



§ 4. Said company shall not be compelled to build the 
entire line of said road as set forth in their charter, but 
may terminate the same at their pleasure ; but the corpo- 
rate powers and charters of said company shall only con- 
i;inue for the period of forty years from the time given by 
;heir charter for the completion of the road. 

§ 5. Said company may consolidate their road and consolidate 
iharter with any other company or companies whose road 
»r roads may connect therewith ; the companies united ta- 
king the corporate name of either. 

§ 6. Instalments may be called in by the directors, ii,ateimenf.. 
rom time to time, and notice of the time and place of pay- 
flent shall be given in some public newspaper, at least 
our weeks before the day of payment; the directors, at 
heir option, in such case, may enforce payment by suit, or 
'J forfeiture of all previous payments. 

§ 7. This act to take effect from and after its passage. 

Approved March 3, 1854. 



,N ACT to amend an act entitled "an act to perfect the line between Rock m force March 4, 
Island and Whiteside counties. 1854. 

Section 1. Be it enacted by the people of the state of 
'linois, represented in the General Assembly, That where- 
i, at the last session of the general assembly of the state 
•"Illinois, an act was passed to appoint commissioners to 
Jtablish the boundary line between the counties of Rock • 
land and Whiteside, and at the appointed time only one 
>mmissioner appeared, who, with the citizens of each 
mnty, agreed upon the following line to separate the 
id counties, to wit : Commencing at the point on the 
)rthwest bank of Rock river, where the Meredeogee 
ough enters into said river, where the line dividing the 
est half of sections No. four, nine, sixteen, twenty-one 
id twenty-eight, in township No. nineteen north, range 
0. three, east of the fourth principal meridian, intersects 
e said Rock river ; thence running north with the afore- 
id line dividing the west half of sections No. twenty-eight, 
renty-one, sixteen, nine and four, in the aforesaid town- 
ip No. nineteen north, range No. three, east of the line 
viding townships nineteen and twenty north, range three 
.St of the fourth P. M.; thence west on said township line 
1 the corner of section No. thirty-one and thirty-two, in 
iwnship No. twenty north, range No. three east; thence 
Jirth one mile to the northeast corner of section thirty- 
< e, township and range aforesaid ; thence west on section 
11 



1854. .162 I 

line to the corner of section thirty and thirty-one, on th<! 
range line ; thence north on said range line dividing range 
No. two and three east, to the corner of section No. twen. 
ty-four and twenty-five, in township No. twenty north, 
range No. two east ; thence west on section line dividinj 
sections No. twenty-four and twenty-five, to the centre sec 
tion line between sections No. twenty-three and twenty-sis 
in township twenty north, range No. two east ; thenc 
north on the quarter section line, through the centre 
section twenty-three, township and range as before, to th 
main channel of the Meredeogee slough ; thence with th 
centre of said slough to the Mississippi river ; which lin 
above established shall be and the same is hereby estal 
lished as the boundary line to divide said counties of Roc 
Island and Whiteside. 

§ 2. That the expenses attending said survey shall b 
equally paid by the two counties. 

§ 3. That this act be in force from and after its pai 
sage. * 

Approved March 4, 1854. 



In force March 1, AN ACT to amend an act entitled "an act to incorpoi'ate the Galena a 
18^*- Mineral Point Plank Road Company." 

Section 1. Be it enacted by the peo2)le of the state 
Illinois^ represented in the General Jissembly, That tl 
said company are hereby authorized and empowered 
unite and form a connection with any other plank rof 
which their said road may meet or intersect, on such teri 
and conditions as the said Galena and Mineral Point Pla; 
Road Company may deem proper ; and the said compa; 
are hereby authorized and empowered to unite and cc 
solidate their road with any plank road now incorporate 
or that may be hereafter incorporated in the state of W\ 
consin, and to place the said road, when consolidated, i 
' der the control and supervision of a joint board of dir« 

tors, upon such conditions, and with such provisions, li 
itations and restrictions as may be mutually agreed up. 
by said plank road companies. 
Approved March 1, 1854. 



163 1854. 

AN ACT to amend an act entitled "an act to incorporate the Rockf ord and in force Karcii i, 
Rock Island Railroad Company." i354. 

Section 1. Be it enacted hy the people of the state o/'Time extenaed. 
Illinois, represented in the General Assembly, That the 
time within ,which the said Rockford and Rock Island 
Railroad Company are, by their act of incorporation, re- 
quired to commence the construction of their railroad, be 
and the same is hereby extended for the term of two years 
additional to the time mentioned in their said act of incor- 
poration, within which they are required to commence the 
construction of the said road, and the said company shall 
be allowed ten years from the time within which, by this 
act, they are required to commence the construction of said 
railroad, to complete the same. Any failure of said com- 
pany to commence the construction of their said road with- 
in the time mentioned in the said act of incorporation, 
shall in no respect vitiate, annul, nor in any manner affect^'*"'"'" 
Einy of the rights of said company under this said act of in- 
corporation. 

§ 2. That the said Rockford and Rock Island Railroad 
Company are hereby authorized and empowered to con- 
Jtruct, within the ten years above mentioned, a branch or 
xtension of the said railroad from or near Lane, in the 
jounty of Ogle, to or near ^Mendota, in the county of La 
Salle, or to such other point on the* line of the Illinois Cen- 
ral Railroad, within the counties of Lee or La Salle, as the 
jaid Rockford and Rock Island Railroad Company may se- 
ect, and shall have the right to connect with said Illinois 
entral Railroad at such point of intersection, in such man- 
ler as by law is provided; and the said company in con- 
itructing the said branch or extension, and in acquiring 
he right of way or lands therefor, shall possess all the seii, 
)owers, rights and privileges granted them by their said 
ict of incorporation. 

§ 3. The said company is hereby authorized and em- 
)owered to convey, sell and dispose of, to any railroad 
company now incorporated, or hereafter to be incorpora- 
ted, any portion of their railroad authorized to be construct- 
id by this act, or the act to which this a«t is an amend- 
ment, and the said company is hereby also authorized to 
lonsolidate or unite with any other railroad company or 
companies, either their whole line of road, or any subdi- subscription of 
ision thereof, upon such terms as may be agreed upon by «".esandto^« 
lie parties. 

§ 4. The several cities and towns through or near 
vhich said railroad passes may subscribe for and take 
tock in said railroad, and issue bonds therefor, in their 
iorporate capacity : Provided, that no subscription shall 
le made, and no bonds issued, unless a majority of the 
fcjtters of the citv or town present at any election held un- 



1864. 



164 



der the orders of the corporate authorities of said city or 
town, shall vote for such subscription. Said elections to 
be subject to the same rules and regulations that govern 
the general elections of the state; and it shall be the duty 
of the corporate authorities of said cities and towns to call 
an election for the purpose of taking a vote on the above 
named subscription, whenever applied for by the written 
application of ten legal voters, being freeholders of said 
city or town. 

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

Approved March 1, 1854. 



InhitQd Ifcb. 38, 
1854. 



AN ACT further to amend the charter of the town of Mount Carinel. 



Borrow money. 



Subscribe slock. Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
town of Mount Carmel, through the board of trustees, is 
hereby authorized to subscribe to the capital stock of the 
Ohio Kiver and Wabash Railroad Company, an amount not 
exceeding fifty thousand dollars; and which stock, when so 
subscribed for, shall be. under the control of the board of 
trustees or common council of said town, in all respects 
as stock subscribed by individuals. 

§ 2. That for the payment of the stock so subscribed,: 
the board of trustees of said town are hereby authorized 
to borrow money at a rate not exceeding ten per centum 
per annum, and to pledge the faith of the town for the an-i 
nual or semi-annual payment of the interest, and the ulti4 
mate redemption of the principal; or if the said trustees 
should deem it most advisable, they are hereby authorized] 
to pay for such subscription or purchase in bonds of the 
town of Mount Carmel, to be drawn in sums of not less 
than fifty dollars each, bearing interest not exceeding teiii 
per centum per annum. 

§ 3. Before the stock aforesaid shall be subscribed, anj 
election shall be held, to ascertain whether the citizens o, 
said town are desirous that such subscription shall be made 
which election shall be held after the notice, and ^in th( 
game manner, so far as is applicable, as is prescribed in th< 
fourth section of an act entitled " an act supplemental t( 
an act entitled 'an act to provide for a general system o 
railroad incorporations,' approved November 5, 1849." 

§ 4.. The provisions of the charter of said town limiting 
the rate of taxation upon the real and personal property iij 
said corporation to one dollar on the hundred dollars' wortl 
of property, be and the same is hereby repealed. jj 



II 



165 1854. 

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

Approved February 28, 1854. 



AN ACT to amend an act entitled '•' an act to incorporate the Galena and i" force Feb. 26- 
Chicago Union Railroad Company," approved January 16, 1836. ^^•^^• 

Section 1. Be it enacted hy the people of the state o/"increase capiat, 
Illinois, represented in the General Assembly, That the 
Galena and Chicago Union Railroad Company be and it is 
tiereby authorized, from time to time, as may be required, 
to increase the capital stock to an amount not exceeding 
in the aggregate five millions of dollars; and said company 
may also mortgage said road, or any part thereof, to se- 
cure any loan which said company may require in con- 
structing or equipping said road, and all mortgages here- • 
tofore executed by said company to secure loans made to 
it are hereby declared to be legal and valid. 

§ 2. That said company is hereby authorized, under e^'*»*»<'"- 
its charter, to extend the western branch of said road to 
Dixon, in Lee county, and may connect said branch, by 
ease, purchase or consolidation, with any railroad extend- 
ing to the Mississippi river at or near Fulton or Albany, or 
said company may extend their said branch, by way of 
Sterling, in Whiteside county, to said river at or near Ful- 
ton or Albany aforesaid. 

§ 3. It is hereby declared and enacted, that the thir- 
ty-eighth section of an act entitled " an act to provide for 
a (general system of railroad incorporations," approved 
Nov. 5, 1849, does not and shall not extend to or control 
the charter or franchises of the said act hereby amended. 

Approved February 25, 1854. 



AN ACT to change the name and amend the charter of the Petersburg and jn joroe March i- 
Springfield Railroad Company. 1851. 

Section 1. Be it enacted hy the j)eople of the state o/"E»ten»»on. 
Illinois, represented in the General Assembly, That the 
Petersburg and Springfield Railroad Company, incorpora- 
ted by an act entitled " an act to incorporate the Peters- 
burg and Springfield Railroad Company," approved Feb- 
ruary 8th, 1853, be and they are hereby authorized and 
empowered to extend their said railroad from the city of 



1854. 



Ibb 



Springfield, by the most eligible route, via Taylorville, in the 
county of Christian, to a point at or near the junction and _ 
crossing of the Illinois Central Railroad and the Alton and j 
Terre Haute Railroad, in the said county of Christian, or j 
the county of Shelby or Fayette, as the same may be es- 
tablished: and for the purposes of said extension, said Pe- 
tersburg and Springfield Railroad Company are hereby 
declared to possess all the powers, and to be subject to all 
the restrictions, contained in the original act of incorpora- 
tion. . , , 1 J 
§ 2. That the name of said company is hereby changed, 
and declared henceforth to be "The Sangamon and North- 
west Railroad Company," and by and under that name said 
corporation shall be henceforth known and have its cor- 
porate existence, and hold and be possessed of all the 
rights, powers and privileges granted to the Petersburg 
and Springfield Railroad Company, in the original charter 
thereof, and shall be and become vested with all the pro- 
perty and estate of every kind whatever, belonging to oi; 
vested in said Petersburg and Springfield Railroad Com- 
pany, and become liable to all the restrictions, contracts, 
liabilities and obligations made or incurred by said Peters- 
burg and Springfield Railroad Company, and all suits now 
pending shall proceed and continue to be enforced without 
delay on account of said alteration, upon the suggestion oi 
the change in the name upon the record in any county 
court where any causes may be pending or sought to be en 
forced. 
.u.r.»». .1 ..pi- § 3. That the capital stock of said company may be m 
tai stock. creased to the sura of three millions of dollars, and the 
number of directors may be increased to nine, at the op 
tion of said company. 

Approved March 1, 1854. 



Increase of capi- 



I.i fofoft srarch 1, AN ACT to authorize certain plank road companies in St. Clair countyl 
1854. organized prior to the year 1854, under the act entitled "an act to providi 

for the construction of plank roads by a general law," approved Februarj 
12th, 1849, and all laws amendatory thereof, to borrow money, issue bonds 
.purchase and sell lands, necessary for their business, macadamize the, 
whole or parts of. their roads, legalize their former proceedings, and fo: 
other purposes. 

outatniuoaeron Section 1. Beit eiiacted hy the people of the state oj 

^""'''* Illinois, represented in the General Assembly, That tht 

Belleville and Westfield P ank Road Company, Belleville 

and Mascoutah Plank Road Company, are severally au' 

thorized to obtain a sum of money on the issue of tlieij 



10U4. 



tonds or evidence of indebtedness, to an amount sufficient 
complete their several roads, and to pledge, by raort- 
fage or otherwise, all the property belonging to said com- 
)an3-, both real and personal, including said roads, for the 
)ayment of tlie same. 

§ 2. _ That said companies shall severally have power Real esute. 
acquire real estate necessary for the purposes of the said 
oads, and for obtaining the necessary lumber, rock and 
ither materials, for the construction thereof, but for no 
tther purpose, and to sell the same whenever the objects 
or which said land has been acquired are accomplished ; 
hat the president shall have power to execute deeds, and 
o acknowledge the same, as other deeds are acknow- 
3dged. 

§ 3. That said companies may have power to macadam- Macadamize. 
ee the whole or a part of their roads, which said macadam- 
zed roads, or parts of roads, shall, in every respect, be 
egulated by the provisions of the act to provide for the 
ionstruction of plank roads by general law, approved Feb- 
uary 12th, 1849, and the laws amendatory thereof. 

§ 4. That all the acts and proceedings of the said sev- 
ral companies, regarding their organization, or otherwise, 
one in good faith, and within the purview of the acts under 
rhich they are incorporated, are hereby legalized, and 
heir rights, privileges and franchises are hereby declared 
a full force and effect, and all causes, if any exist, of for- 
3iture waived. 

§ 5. This act to take effect and be in force from and 
fter its passage. 

Approved March 1, 1854. 



k.N ACT to authorize the county court of Union county to borrow money m force March •!, 
and provide for the payment thereof. 1354. 

Section 1. Be it enacted by the 2)eople of the state of ^novrvaowr- 
llinois, represented in the General Assembly, That the 
ounty court of Union county be and they are hereby au- 
horized to borrow any sum of money not exceeding two 
bousand and five hundred dollars, for the purpose of 
xecting a jail in said county. 

§ 2. For the purposes contemplated in the first section bodus. 
\i this act, said court is hereby authorized to issue bonds, 
or the redemption and payment of which the faith of said 
lounty may be pledged. Said bonds may bear any rate of 
Qterest not exceeding ten per cent, per annum. 



1804. IbS 



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

Approved March 4, 1854. 



in force Feb. 28, AN ACT to amend an act entitled " an act to incorporate the town of Au 
1^^- rora," approved February 8th, 1853. 

Legalized. Section 1. Be it eiiacted hy the people of the state Oj 

Illinois^ represented in the General Assembly^ That tht 
acting president and trustees of the town of Aurora, to wit 
W. H. Hawkins, E. R. Allen, A. Thornton, O. A. Lon^ 
and E. W. Allen, are hereby authorized to hold the office 
of such president and trustees of said town until the nex 
annual election day, and until their successors are elect- 
ed and qualified, and perform all the duties, and exercis 
all the powers belonging thereto, ^nd all their acts anc 
ordinances heretofore done and ordained as such presiden 
and trustees as aforesaid are hereby legalized. 

.^^... , „ § 2. That such town shall constitute a district, ir 

Additional afti- i • i i n i . • /. . i 

oers. which Shall be elected one justice oi the peace and one 

constable, in addition to the township justices and consta- 
bles, and they shall perform the same duties, receive tht 
same compensation, and exercise the same powers and juris- 
diction as other justices of the peace and constables under tht 
laws of this state; such justice of the peace and constable 
shall be elected at the election of trustees, and the elec 
tors shall have the same qualifications as the electors foj 
trustees ; and such constable shall hold his office for one 
year and until his successor is elected and qualified ; thej 
shall give bonds, with the same security, penaltiesand con- 
ditions as other justices and constables. Such bonds shaL 
be approved by and filed with the president and trustees 
of said town, who shall be responsible for the safety there- 
of: Provided^ either of the officers aforesaid shall become 
vacant at any time the president and trustees may call am 
election to fill the same : Provided^ further^ such justice) 
of the peace and constable shall take the oath of office pre-r 
scribed under the general laws of this state before entering 
upon their respective duties, and all officers elected or ap-i 
pointed under the charter of said town shall take an oathj 
of office before entering upon their respective duties. ; 

§ 3. This act shall take effect from and after its passage.; 

Approved Feb. 28, 1854. " ' 



169 1854. 

AN ACT to provide for the laying out and opening of a state road in the in force March i, 
counties of Lake and McHenry. '854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly^ That Ho- 
mer Wilmarth, of Cook county, and Justus Bangs and ^""™'**^'"'"'' 
Charles S. Cary, of Lake county, be and they are hereby 
appointed commissioners to lay out and establish a state 
road from Algonquin, in McHenry county, by the way of 
Wanconda, in Lake county, to such point as said commis- 
sioners shall deem proper, on the Lake and McHenry 
plank road, at or near the bridge on the Des Plaines river. 

§ 2. Said commissioners shall meet at the house of^******' 
said Justus Bangs, in the county of Lake, on the first Mon- 
day in April, one thousand eight hundred and fifty-four, or 
as soon thereafter as may be practicable, and take an oath 
to perform the duties required of them by this law, and shall 
proceed to view said route and locate said road on or be- 
fore the first day of September next ensuing. 

§ 3. Said commissioners shall have power to employ a^^p^y^®*- 
surveyor and such other persons as shall be necessary in 
the survey and location of said road, and the compensa- 
tion allowed shall be as follows : to each commissioner, 
two dollars per day ; to the surveyor, two dollars per day; 
and to other persons not to exceed one dollar each per 
day, exclusive of incidental expenses. They shall keep an 
account of the time employed, expenses incurred, and to 
■whom due, and certify the same to the board of supervi- 
sors of each county through which said road shall pass, 
who shall allow and pay the amount due in proportion to 
tlie distance or length of such road in such county as cer- 
tified by said commissioners. 

§ 4. Said commissioners shall return a plat of said^iat. 
road, with their courses and distances thereof, to the clerk 
of the board of supervisors of each county through which 
said road shall pass, giving an entire view of the location 
of said road; which said plat shall be filed and recorded, 
and the record so made shall be evidence in all courts of 
this state of the location of said road. 

§ 5. The board of supervisors of each county through Notify overseerfc 
which said road shall be located shall, at the first session 
of said board after the location as aforesaid, notify the 
overseers of highways in the road district through which 
said road is laid out, of the location aforesaid, and order 
the said overseers to proceed to open the same, to the 
width of four rods, and after being so opened said road shall 
be kept in repair as other public highways within said 
road district. 

§ 6. The damages sustained by the owners or occu-oamaaM. 
pants of any lands over or through which said road shall 



pass, by reason of the location and opening thereof, shall 
be adjusted or assessed and ascertained in the same man- 
ner as is provided bylaw for ascertaining and assessing or 
adjusting such damages in cases of laying out and opening 
public roads under the township organization law. The 
damages sustained in each township to be adjusted or as- 
sessed by the highway commissioner of such township; and 
it shall be the duty of such highway commissioners, imme- 
diately upon being notified by the commissioners named in 
this act of the location of said road, to proceed to adjust 
and settle, or ascertain and assess said damages, and upon 
the adjustment or final assessment of said damages it shall 
be the duty of said highway commissioners, or the supervi- 
sors, if an appeal shall have been taken from said highway 
commissioners, to report the amount of damages agreed 
upon- or assessed to each person to the board of supervi- 
sors of the county in which the land with respect to which 
such damage?! are allowed or assessed is situated, and the 
said board of supervisors shall, as soon as in their opinion 
the finances of the county will justify the same, pay said 
damages out of the county treasury of said county. 

§ 7. Any two of the above named commissioners may 
view and locate the above named road, and the concur- 
rejit act of any two of them shall be held to be in full com- 
pliance with this act. This act shall take effect and be in 
force from and after its passage. 

Approved March 1st, 1854. 



\ III fwce March 1, AN ACT to amend the charter of the city of Bloomingtonj by extending the 
1864. corporate limits of the same. 

Section 1. Be it enacted hy the 'people of the state of 
Illinois, represented in the General Assembly, That here- 
after the corporate limits of the city of Bloomington shall 
embrace a territory of one and a half miles square, extend- 
ing three-fourths of a mile east, west, north and south of the 
southeast corner of lot number sixty (60,) in the original 
town of Bloomington. 

§ 2. This act to take effect and be in force from and 
after a survey of the above named limits shall have been 
entered upon the records of the said city of Bloomington. 

Approved March 1, 1854. 



AN ACT ameodatoryto " an act to incorporate the Frederick Ferry, Dyke in force March i, 
and Plank Road Company." ^^^• 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Jisseiyibly, That the 
capital stock of said company may be increased at any capiwi stock. 
time, and in such sums and to such an amount, as in the 
judgment of the directors may be necessary to carry on 
and complete the works contemplated in their act of in- ^ 
corporation : Provided, said amount does not exceed one 
hundrefl thousand dollars. 

§ 2. That the act of incorporation of said company Dytes. 
shall not be construed to require the construction of the 
dykes and roads on both sides of the river, before the 
company may collect tolls and exercise other charter 
rights, nor shall the company be required, on the east side 
of the Illinois river, to have their dykes erected above high 
water mark : Provided, they have a good planked or paved 
road across the bottom on that side of the river for travel 
at an ordinary stage of water, and a safe and commodious 
ferry when the bottoms are overflowed. 

§ 3. That when said company shall have completed the toii». 
road contemplated by their charter, or any two or more 
consecutive miles thereof, or the dykes on one or both 
sides of the Illinois river, they may fix and collect tolls 
thereon, not greater than those allowed by an act entitled 
" an act to provide for the construction of plank roads by 
a general law," approved February 12th, 1849, and the said 
company, in adjusting their rates of tolls, may fix and col- 
lect for the dyke work on the bottom of the Illinois river, 
a toll proportional to that allowed on the remainder of the 
road, to be estimated by a comparison of the costs of said 
dyke, with the average costs of said road. 

§ 4. In all suits by or against said company any mem-wunees. 
ber of said company shall be a competent witness, except 
in suits in which he or she shall be individually a party : 
Provided, that said persons shall not be otherwise dis- 
qualified. 

§ 5- The record of said company, or copies thereof duly Evuienoe. 
authenticated by the signatures of the president and secre- 
tary, shall be competent evidence in any suit in which said 
company may be a party. 

§ 6. That the said company shall have the power io^rrow mf>ni>Y, 
borrow any sum of money not exceeding one half its capi- 
tal stock, for the purpose of the more speedy completion 
of the objects contemplated by their charter, and may is- 
sue their bonds, and give such other security as to them 
shall seem proper for the money so borrowed. 

§ 7. That in default of any of the stockholders in theo^^t^ oi per- 
payment of any dues, call or assessment made by the di- 



1854. 



172 



Formdr &cie. 



rectors, the said amount may be collected by action of 
debt as in other cases. 

§ 8. That the former acts and doings of said company 
in the prosecution of the work contemplated by the act of 
incorporation to which this act is amendatory, be and the 
same are hereby legalized and confirmed. 

§ 9. That the act of the county court of Schuyler 
county in granting the right of way over certain roads in 
said county to said company, is hereby legalized and con- 
firmed. 

§ 10. This act shall be deemed and taken as a public 
act, and shall take eflfect and be in force from and after its 
passage. 

Approved March 1st, 1854. 



In force Feb. 28, ^N ACT to relocate a state road from Waverly, in Morgan county, to Zaned- 
1864. villa, in Montgomery county. 

Section 1. Be it enacted hy the people of the state of 
Illinois^ represented in the General tdssemhly^ That Isaiah 

commiiaioaere. Tumcy, of Morgan county, George Wolf, of Macoupin 
county, and John Rodgers, of Montgomery county, be and 
they are hereby appointed commissioners to relocate a 
state road from Waverly, in Morgan county, to Zanes- 
ville, in Montgomery county, by the way of Girard, in 
Macoupin county, having due regard to private pro- 
perty. 

oatb. § 2. The said commissioners shall meet on or before 

the first day of June next after the passage of this act, or 
as soon thereafter as possible, and take an oath before some 
justice of the peace of Morgan county, well and truly to 
perform the duties required of them by this act. 

Plat. § 3. When said commissioners shall have viewed the 

said ground, and shall have relocated said road, it shall be 
their duty to make out a plat of the road so relocated, and 
lay said plat before the county court of Macoupin county as 
soon as practicable after the completion of the same, and 
the ro^d so relocated is hereby declared a state road, and 
so much of the old road afiected by said relocation is here- 
by vacated. 

svjdeiic*. § 4. That said plat shall be evidence hereafter in all 

courts of record in the state, and it shall be the duty of the 
county court of Macoupin county to record said plat in 
the records of said office. 

§ 5. This act to be in force from and after its passage. 
Approved February 28, 1854. 



173 1854. 

AN ACT to extend the limits and amand the charter of the city of Knoxville. inioice March i, 

1864. 

Section 1. Be it enacted by the people of the state of 
Itlinois, represented in the General Assembly, That on the 
second Monday in April next, and on the second Monday 
in April in each and every year thereafter, an election Eieotion. 
sliallbe held at the court house in said city, for one mayor 
for said city, and one alderman for each ward. The pre- 
sent alderman elected for two years shall hold their office 
until their terms expire ; the aldermen hereafter to be 
elected shall be elected for two years. The city council 
shall appoint three judges of election to preside at all city 
elections, from^time to time. The clerk of the city council 
shall act at all times as clerk of elections, or in case of his 
absence, the judges may appoint one for the time being ; 
the city council shall provide one ballot box for each ward, 
and the clerk shall keep a list of the votes for each ward, 
and the judges shall count the votes for each ward, and 
certify the result for aldermen and mayor to the city coun- 
cil, attested by the clerk, on the next day after any said 
election, or sooner ; which return shall be kept and filed 
by the clerk of said council. 

§ 2i The city council shall have power to appoint aomoers. , 
clerk, attorney, treasurer, collector, marshal, assessor, 
street commissioner, city surveyor, and such other officers 
as may be necessary. 

§ 3. The inhabitants of said city shall be exempt from Road tax. 
the payment of any township road tax, but a tax of not less 
than one-tenth of one per cent, upon all the assessed value 
of all the personal and real property in said city shall be 
annually collected, to be expended on the roads and streets 
in said city, or within one mile outside thereof, in addition 
to the labor tax. 

§ 4. In addition to the present powers of the city coun- New rovis. 
cil, it shall have power to lay out new roads in any part 
of said city, and to open, alter, abolish, widen, extend, es- 
tablish, grade, pave, or otherwise improve and keep in re- 
pair the same, or any other roads within said city. 

§ 5. The city council shall have power to levy and special tax. 
collect a special tax on the holder of any lot or part of a lot 
on any street, lane, avenue, square, road or alley, for the 
purpose of paving, grading or improving the side-walk in 
front of any such lot or part of a lot; which tax shall be as- 
sessed upon the holder of any such lot or part of a lot, under 
the direction of the city council, and shall be collected in 
the same manner as other city taxes are collected : Pro- 
videdj that any such holder of any such lot or part of a lot 
may pay said tax by grading, paving or improving the 
side-wadk in front of his said lot or part of a lot, under the 



1854. 



174 



direction of the city council, within a reasonable time, to 
be fixed by the city council, not less than fifteen days. 

§ 6. Each public road within the limits of said city 
shall be considered and treated as a street. 
Common schools. § 7. The common council of said city shall have the 
full control and management of the common schools in said 
city, may levy taxes on the assessed value of all the real 
and personal estate in said city, not exceeding one-fourth 
of one per cent, per annum, for the purpose of building or 
repairing school houses, enclosing and improving school 
house grounds, supporting and maintaining schools, pur- 
chasing books or apparatus for the use of said common 
schools. The proportion of school moneys derived from 
the township school, college and seminary funds, which 
would belong to said 'city under the common school laws 
of this state, shall be paid over by the school commission- 
er and township treasurer, when received by them, to thjB 
treasurer of said city, to be kept as a separate fund for 
school purposes. 
spiritnouBiiqnors § 8. No licenscs shall be granted, either by the common 
council or by the county court, or board of supervisors of 
said Knox county, for the retailing of spirituous liquors in 
any quantity whatever. And all fines or penalties which 
may hereafter be recovered either in the circuit court, or 
before justices of the peace, for selling rum, brandy, gin, 
whiskey, wine or other spirituous or mixed liquors, without 
license, within the limits of said city, shall be paid into the 
city treasury. 
penaiues. § 9. jThc city council may provide by ordinance ade- 

quate penalties against selling spirituous, vinous or malt 
liquors to minors, or intemperate persons; may provide 
against the same being drank on the premises when sold; 
may regulate the quantity to be sold, not less than one quart, 
and may provide by adequate penalties against giving away 
any of said liquors to minors or intemperate persons, or 
permitting minors or intemperate persons to resort to or 
frequent places where such liquors are kept for sale. 
Mayors. - § 10. The mayor shall have such judicial jurisdiction 

as has been or may be conferred on mayors of the several 
cities in said state by general law. 
Legftiif.ea. § 11. The ordinances passed by the city council of 

said city, so far as they may be in accordance with the act 
to which this is an amendment, or with this act, are here- 
by declared to be in full force and legalized. 
PuMicaooo. § 12. The ordinances of said city may be published in 

a weeklj' newspaper printed in said city, or by posting 
them up in three public places in said city, as the city 
council may direct. 

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



175 1854. 

AX ACT to amend the charter of the town of Hennepin, in Putnam county, in force March 4, 

1854. 

Section 1. Be it enacted hy the people of the state oj 
Illinois, represented in the General Jlssemhly, That the 
northwest quarter of the southwest quarter of section No. 
ten (10,) in township No. thirty-two (32,) in range No. 
two (2,) west of the third principal meridian, shall not 
hereafter be included in the corporate limits of the town 
of Hennepin. And the charter of said town is hereby so 
amended as to exclude from within the corporate limits of 
said town. 

Approved March 1st, 1854. 



AN ACT supplemental to '•' an act to amend an act entitled an act to incor- in force March i> 
porate the JMacomb, Vermont and Bath Railioad Company." 1854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the ■ General Assembly, That the 
company authorized by " an act to amend an act entitled 
" an act to incorporate the Macomb, Vermont and Bath 
Railroad Company," passed at the present special session 
of tlie legislature, to const^ct a railroad from the town of 
Vermont, in the county of Fulton, by the way ef Lewistown 
and Canton, in said county, to the terminus of the Peoria 
and Bureau Valley Railroad, at the city of Peoria, and 
from the town of Vermont aforesaid, by the way of Rush- 
ville, in Schuyler county, and Mt. Sterling, in Brown 
county, to a point on the Mississippi river, as nearly as 
practicable opposite the city of Hannibal, in the state of 
Missouri, be and they are hereby authorized and empow- 
ered to construct a branch of said road from Rushville, in Branch, 
the county of Schuyler, or from any other convenient and 
eligible point, southwest of that place, to the city of Quin- 
cy, in the county of Adams. 

§ 2. In the construction of said branch of said railroad, Corporate power. 
the said company shall possess, enjoy ard exercise all the 
corporate powers and privileges conferred by their char- 
ter, and authorized to use and exercise all the powers for 
obtaining the right of way, for the use of said company, in 
and about the construction of said branch of said road, 
that are given and expressed by the act to provide for a 
general system of railroad incorporations, approved No- 
vember 5th, 1849. Said company is a'so authorized and 
empowered to increase its capital stock one million of dol- 
lars, and to form a connection with any other railroad lead- 
ing to Quincy. 



1854. 176 

§ 3. If the Northern Cross Railroad Company shall 
complete their road to Mt. Sterling, in the county of 
Brown, in time to meet the road authorized to be con- 
structed from Peoria to Hannibal, in and by the act to 
which this is a supplement, in such case the said company 
shall not exercise the privileges and franchises by this act 
conferred, or construct the said branch hereinbefore author- 
'izeed, but the said powers, privileges and franchises herein 
and hereby granted shall cease and be void, any thing in 
this act, or the acts to which this is a supplement, to the 
contrary notwithstanding. 

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

Approved March 4th, 1854. 



Xot to be 
structed. 



la force Feb. 28 ,AN ACT .'supplemental to an act entitled " an aet to incorporate the Ohio 
1854. River and Wabash Railroad Company," approved January 25th, 1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
board of directors of the said Ohio River and Wabash 
Railroad Company are hereby authorized aftd empowered 
to receive, in payment of subscriptions to the capital stock 
of said company, lands and real estate, and to hold, mort- 
gage, sell, enjoy and dispose of the same in such manner 
as they shall deem most conducive to the interests of said 
company ; but such company shall not hold the said lands 
or real estate for a longer period that twelve years after 
the completion of their said road, except such as may be 
needed for roadway, depot warehouses, storage and ma- 
chine grounds, or other necessary buildings and fixtures, 
or for stone or gravel, quarries, or timber for the use of 
the road ; but said company may take conveyances of the 
lands in fee or for any lessee estate, and may convey the 
same title, subject to the limitations aforesaid. 

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

Approved Feb. 28th, 1854. 



177 1854. 

AN ACT to amend an act entitled "an act to incorporate the Mississippi m force Feb. 28. 
and Rock River Junction Railroad Company," approred February 15th, '°°*- 

1851. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
capital stock of the Mississippi and Rock River Junction 
Railroad Company is hereby authorized to be increased to 
a sum not exceeding one million of dollars, in addition to 
its present capital, to enable the said company to complete 
said road. 

§ 2. The said company is hereby authorized to build 
branches of the said road to any point within the county 
of Whiteside, in this state, and to consolidate the stock 
and franchises of the said company with the stock and 
franchises of any other railroad company, or any bridge 
company, and to assume the name of any company the 
stock of which it may be consolidated with, or a common 
name, upon such terms and conditions as may be mutually 
agreed upon. 

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

Approved Feb. 28th, 1854. 



AN ACT to amend an act entitled "an act to incorporate the Grundy and in loree Feb. 28- 
Kendall Plank Road Company." i^***- 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That the 
Grundy and Kendall Plank Road Company, whenever the 
same shall be formed and organized according to the pro- Brid»«. 
visions of the act to which this is an amendment, shall be 
and is hereby authorized to proceed to the building of a 
bridge across the Illinois river, at such point within the 
corporate limits of the town of Morris as the directors of 
said company, or a majority of them, shall think most ad- 
vantageous, and if said board of directors shall so deter- 
mine, they may proceed to the building of said bridge be- 
fore any portion of the plank road by said act authorized 
shall be constructed. 

§ 2. Said board of directors, or a majority of them, 
shall have power to determine the manner in which said 
bridge shall be built : Provided, that it shall be sufficient 
width, strength and durability to afford a safe and speedy 
passage for all persons, with their property, desirous of 
crossing said river. 

§ 3. If it shall be necessary in the construction of said Rigbtof w&y. 
bridge, or in making roads to lead to the same, to take any 
real estate belonging to others, or if any damage shall ne- 
12 



1864. 178 



cessarily be done to the real estate of any person in^con- 
structing said bridge, such damage, if said company and 
the owners of such real estate shall fail to agree on the 
amount to be paid, shall be assessed and collected in the 
same manner as is provided in the act entitled " an act to 
amend the act condemning the right of way for purposes 
of internal improvement," approved June 22, 1852. 

To^igates, ^ 4_ The Said company shall have the right, after the 

completion of said bridge, to erect toll-gates at either end 
thereof, and to demand and receive of all persons crossing 
said bridge such toll as the directors of said company, or 
a majority of them, shall fix and determine; but such tolls 
shall never exceed the following rates, viz : for each two 
horse wagon or carriage drawn by two horses, oxen, or 
other animals, twenty cents ; for each additional horse or 
other animal attached to such wagon or carriage, five 
cents ; for each one horse wagon, carriage or cart, fifteen 
cents ; for each man and horse, ten cents ; for each head 
of hogs or sheep, under fifteen in number, one cent; and' 
fer alfover fifteen in number, one-half cent each ; for each 
head of horses, asses, mules or cattle, under fifteen in 
number, three cents, and for all over fifteen in number, two 
cents each; and for each footman, three cents : Provided, 
that any person crossing said bridge and returmng the 
same day, shall not be required to pay toll for more than 
one crossing: And provided further, that said company 
shall be entitled to charge double the above rates for all 
persons crossing said bridge after nine o'clock in the 
evening and before five o'clock in the morning. 

Hishtoi purchase ^ 5. The board of supcrvlsors of Grundy county shall 
have the right to purchase said bridge at any time after 
the expiration often years from and after the completion 
thereof, by paying to said company the original cost of 
said bridge, and six per cent, interest thereon; and if the 
board of Supervisors of said county shall regard such pur- 
chase as inexpedient, and should refuse to purchase said 
bridge upon the terms above mentioned, within one year 
after" the expiration of the said term often years, the corpo- 
teauthorities of the town of Morris shall then and there- 
after have all the rights and powers of purchase hereinbefore 
conferred upon the board of supervisors of the county of 

Grundy. . 

§ 6. All the provisions of the act to which this is aa 
amendment, making provisions for the preservation and 
protection of the works of said company, and providing 
■for fines, forfeitures and penalties for obstructing, injuring, 
or destroying said works, are hereby declared to be ap- 
plicable to the bridge aforesaid. 

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

Approved Feb. 28, 1854. 



179 1854. 

AN ACT to legalize the acts of the school trustees and directors of township in forc*< March 
14 south, range 3 west, in Alexander county. 1854. 

Section 1. Be it enacted by the j)^ople of the state of 
Illinois^ represented in the General Assembly, That the 
acts of the school trustees and directors of township num- 
ber fourteen south, range three west, in Alexander coun- 
ty, appropriating a part of the school fund of said town- 
ship to the construction of a school liouse and the purchase 
of furniture, be and all of said acts are hereby legalized. 

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

Approved March 4th, 1854. 



AN ACT to change a certain road therein named. in force March l 

1851. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
state road leading from Farmington, in Fulton county, Il- 
linois, to Burlington, in the state of Iowa, be so altered as chang*. 
to run south from a point within fifteen rods west of the 
place where it now crosses the east line of the northwest 
quarter of section five, in township eight north, one east of 
the fourth principal meridian, to the south line of the said 
northwest quarter of section five, eight north, one east ; 
thence west to the southwest corner of said quarter sec- 
tion, thence in a northwest direction until it strikes the old 
road at a point within thirty rods of the west line of the 
said quarter section above named'; and that so much- of 
said old road as lies between the two points above named 
to be vacated. 

§ 2. Jind be it further enacted, that the commission- p-ai^c ate and v*- 
ers of roads in the town of Union, in the county of Fulton, *^^^' 
Illinois, be and they are hereby authorized to relocate and 
vacate any other part of said state road in said town, so as 
to suit the convenience of all interested, according: to sec- 
tion tour of article twenty-four of an act to provide for 
township organization, approved February the seventeenth, 
1851. 

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

Approved March 1st, 1854. 



1854. 180 

ill force March!, AN ACT to amend an act entitled " an act to incorporate the city of War- 
'^^^" Baw," approved February 12, 1853. 

Sectio N 1 . Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That so much 

Amendment. ^^ section twenty-seven, of article eight, of the act to 
which this is an amendment, as limits the time given to the 
commissioners named in said section to make partition of 
the school property belonging to township four (4) north, 
range nine (9,) west of the fourth principal meridian, in 
Hancock county, be and the same is hereby so amended 
as to allow the said commissioners the further time of one 
year from the passage of this act to perform the duties 
therein required of them. 

Rcpasie.i. § 2. That so much of section thirty-first, of article 

eight, of said act, as exempts said city from the provisions 
of any and all the laws providing for a system of township 
organization, be and the same is hereby repealed. 

jniisdiction of ^ 3. That hereafter any justice of the peace within the 
t"ea<'x'! ' limits of said city shall have and they are hereby vested 
with jurisdiction to commence, hear and determine all ac- 
tions or causes of action which may arise under the ordi- 
nances of said city, when the amount claimed does not ex- 
ceed one hundred dollars, in the same m.anner as is now pro- 
vided by law in other cases, any thing contained in the afore- 
said act to the contrary notwithstanding. 

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

Approved March 1st, 1854. 



In forre March 1, ^]\j ACT (o amend an act entitled " an act to incorporate tlie Rockton and 
)^o4. Freeport Railroad Company,"' and also an act (o incorporate the Rockton, 

State Line and Mississippi Railroad Company. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
act entitled "an act to incorporate the Rockton and Free- 
port Railroad Company," and also the "act to incorporate 
the Rockton, State Line and Mississippi Railroad Compa- 
ny," be so amended that the several counties, cities and 
towns through or near which said railroads pass, may sub- 
scribe for and take stock in either or both of said rail- 
roads, and issue bonds therefor, in their corporate capa- 
city : Provided, that no subscription shall be made, and 
no bonds issued unless, a majority of the voters of the coun- 
ty, city or town, present at any election held under the or- 



181 1854. 

ders of the county court in case of counties, and of the 
corporate authorities of cities and towns, shall vote for 
subscriptions. Said elections to be subject to the same 
rules and regulations that govern tiie general elections of 
the state; and it shall be the duty of the county court in 
case of counties, and the corporate authorities of cities 
and towns, to call an election for tlie purpose of taking a 
vote on the above named subscriptions whenever applied 
for by the written application of ten respectable citizens of 
the county, city or town. 

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

Approved March 1st, 1854. 



AN ACT to amend an art entitled "an act to incorporate the Waukegan in force March i, 
and Antioch Plank Road Company." 1354. 

Section 1. Be U enacted by the peojjle of the state of 
Illinois, represented in the General Assemhlxj, That the 
name and style of the corporation created by the act to ci'ang«of nanw. 
which this amendatory is hereby changed to " Waukegan 
and Antioch Railroad Company;" and said company is here- 
by authofized to construct and maintain a railroad, with a 
single or double track, together with all the necessary 
side tracks, turn-outs, stations, depots and other necessary 
appurtenances or structures, from some point in the town 
of Waukegan, in the county of Lake, by the way of Anti- 
och, in said county, to some point on the north line of this 
state, within the limits of McHenry county. 

§ 2. The capital stock of said corporation is hereby capiiai stock, 
increased to the sum of one million of dollars, which shall 
be considered personal property, and be divided into two 
thousand shares of fifty dollars each. 

§ 3. Robert Douglass, Isaac R. Lyon and Augustus B. commiBsioners, 
Cotes, together with the persons named in the fourth sec- 
tion of the bill to which this is amendatory, are hereby 
constituted commissioners for opening books and receiving 
subscriptions to the capital stock of said company. Said 
commissioners shall, within two years after this act takes 
effect, cause books to be opened at Waukegan aforesaid, 
for subscriptions to the said capital stock, and notice of 
the time and place for the opening of said books shall be 
given at least two weeks previous thereto, by publication 
in one or more newspapers published at Waukegan afore- 
said. 



1854. ' 182 

§ 4- Said corporation is hereby authorized to take and 
receive, by purchase, grant, donation or otherwise, con- 
veyances or deeds in fee of all such real estate or lands 
as may be convenient or necessary for the purpose of con- 
structing, maintaining or operating said railroad; and for 
the purpose of constructing or repairing said road, said 
R:s!it of way. coHipany is hereby authorized to enter upon and take the 
land or materials of any person or corporation by paying 
to the owner or owners thereof all damages which shall 
accrue or arise by reason of said company taking or using 
the same; and in case said company cannot agree with the 
owner or owners of any land or materials so required for 
the construction or repair of said road respecting the 
amount of damages or compensation to be paid therefor, 
the same shall be appraised and paid for in the manner 
provided by the act of the general assembly, approved June 
22d, 1852, entitled " an act to amend the law condemning 
the right of way for purposes of internal improvement." 
waukegan an- ^ 5. The incorporated town of Waukegan is hereby 
s.Tibe. " authorized to subscribe to the capital stock of said compa- 
ny an amount not exceeding two hundred thousand dollars; 
said subscription to be made and paid in the manner pre- 
scribed by the 14th section of the act to which this is 
amendatory in all particulars not otherwise specified in 
this bill. 

§ 6. So much of the act to which this is amendatory 
as conflicts with the provisions of this act is hereby re- 
pealed, and the remaining portions of said act shall re- 
main in full force. This act shall take effect and be in 
force from and after its passage. 
Approved March 1st, 1854. 



Comniiseloners. 



In for(^Feb. 28, ^]\f ACT to provide for improving, enclosing and ornamenting the grounds 
■ ' around and adjacent to the state house. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jissembly, That the 
governor, secretary of state and treasurer, be and they 
hereby are authorized to expend a sum not exceeding twen- 
Appropriatiou. j-y thousaud dollars, out of any moneys in the treasury not 
otherwise appropriated, in improving, enclosing and orna- 
menting the grounds around and adjacent to the state capi- 
tol, in such manner as they may deem expedient, and to 
correspond with the capitol building, and the like public 
improvements of other states. 



183 1854. 

§ 2. A sura not exceeding the amount aforesaid is 
hereby appropriated, out of any moneys in the treasury not 
otherwise appropriated, for the purpose aforesaid, and the 
auditor is hereby authorized to draw his warrant upon the 
treasury for such amount as may be required, upon the 
filing of the proper vouchers in his office. 

§ 3. Said public ground belonging to the state shall be improvemenu. 
enclosed, and walks and ornaments made to correspond 
with, and be equal to the court house square in the city of 
Chicago ; and said commissioners appointed by this act 
shall let the said work to the lowest responsible bidder, 
after giving notice of the time and place of said letting, by 
inserting a notice thereof in the papers of Springfield and 
Chicago : *^nd provided, also, no money is to be drawn 
from the treasury under the provisions of this act except 
to make the improvement provided in this section. This 
act to be in force from and after its passage. 

Approved February 28, 1854. 



AN ACT to amend an act entitled " an act to authorize Georpe W. Jones in force Feb. 28. 
to establish a ferry from Jnrdon's Ferry to Dubuque." 1854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Jissemhly, That the 
time limited by the act to which this is an amendment be 
and the same is hereby extended until the first day of 
March, eighteen hundred and seventy-five, upon the same 
terms and conditions, and under the same restrictions, as 
are provided in said act, any thing in the act amendatory 
of said act, approved February 18th, 1847, to the contra- 
ry notwithstanding : Provided, however, that the exclu- 
«ive character of the right granted under the act to which 
this is amendatory shall not be extended beyond the period 
for which it is now held in said act. 

Approved Feb. 28th, 1854. 



AN ACT to amend tbe charter of the Joliet and Terre Haute Railroad Com- in forc« Feb. 23. 

pany. 1864, 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General *dsserrihly. That the 
charter of the Joliet and Terre Haute Railroad Company be Am«nd«d. 
amended, and the same is hereby amended as follows : 



1864. 184 

ixtension, § 2. The Said company shall have power to extend their 

said road, under the provisions of their said charter, and 
the general laws of this state, westerly from Joliet, by the 
way of the village of Little Rock, in the county of Ken- 
dall, to Freeport, in Stephenson county. 

•MBoot. § 3. The said company shall have power to connect 

their said railroad, on just terms, with any other railroad 
which said line may cross. 

§ 4. This act shall take effect from and after its pas- 
sage. 

Approved Feb. 23, 1854. 



in Jorce Mareh 4, AN ACT to vest the board of supervisors of Cook county to control the 
l8o4. swamp and overflowed lands situate therein. 

Section 1. Be it enacted hy the people of the state oj Il- 
linois^ rejiresented in the General Assembly^ That the care 
and superintendence of so much of the swamp and over- 
flowed lands granted to the state of Illinois by the act of 
congress entitled "an act to enable the state of Arkansas, 
and other states to reclaim the swamp lands within their 
limits," approved September twenty-eighth, one thousand 
eight hundred and fifty, as lies in the county of Cook, is 
hereby vested in the board of supervisors of said county, 
and the said board of supervisors are hereby vested with 
all the powers in relation thereto heretofore given to the 
county court, subject in all respects to the provisions of 
the act entitled " an act to dispose of the swamp and 
overflowed lands, and to pay the expenses of selecting and 
surveying the same," approved June 22d, 1852. 

§ 2. This act shall be in force from and alter its pas- 
sage. 

Approved March 4th, 1854. 



la foice March 1, AN ACT to amend the charter of the Springfield and Terra Haute Railroad 
fi85i. Company. 

Section 1. Be it enacted hy the people oJ the state of 
Illinais, represented in the General Assembly, That the 
Springfield and Terre Haute Railroad Company be and 
they are hereby authorized and empowered to commence 
the construction of their road at Decatur, in the county 



185 

of Macon, and to unite the same at that point with the 
road of the Great Western Railroad Company, or any oth- 
er railroad company, and construct the same on the most 
direct and eligible route, by the way of Sullivan, in Moul- 
trie county, and Charleston, in Coles county, to intersect 
the Mississippi and Atlantic Railroad at or near Marshall, 
in Clark county 

§ 2. The said company may organize when the sum of 
one hundred thousand dollars shall be subscribed to the 
capital stock thereof, and ten per cent, of the same 
paid in. 

Approved March 1st, 1854. 



AN ACT supplemental to an act entitled "an act to recognize and authorize in foroe Seb. 38, 
the construction of the Illinois Southern and Chicago Railroad." *^^** 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
board of directors of the said Illinois Southern and Chica-BeaiMtavs. 
go Railroad Company are hereby authorized and empow- 
ered to receive in payment of subscriptions to the capital 
stock of said company, lands and real estate, and to hold, 
mortgage, sell, and enjoy and dispose of the same in such 
manner as they shall deem most conducive to the interest 
of said company. But said company shall not hold the 
said lands or real estate for a longer period than twelve 
years after the completion of their said road, except such 
as may be needed for road way, depot ware houses, sto- 
rage and machine grounds, or other necessary buildings 
and fixtures, or for stone or gravel quarries, or timber for 
the use of the road. But said company may take convey- 
ances of the lands in fee or for any less estate, and may 
convey the same title, subject to the limitations aforesaid. 

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

Approved February 28, 1854. 



AN ACT to amend and extend the corporate powers of the town cf Deca- inrorceMaieh 4, 
catur, in Macon county. 18S4. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
following additional powers be and the same are hereby 



1854. 



186 



granted to the trustees of the town of Decatur, in Macon 
county, heretofore incorporated under the general incor- 
poration laws of this state. 

vruos. 1st. To divide the present limits of the incorporation 

into a suitable number of wards, and define the boundaries 
of the same. 

■""****• 2d. To levy and collect taxes upon all property, real 

and personal, within the limits of the corporation, not ex- 
ceeding one-half per centum per annum upon the assessed 
value thereof, and may enforce payment of the same in any 
manner to be prescribed by ordinance, not repugnant to 
the constitution and laws of this state. 

compeneations. 3{J. To fix Compensation of the town trustees, not to 
exceed two dollars per day, and regulate fees of all town 
officers, jurors, witnesses and others, for services render- 
ed under corporation ordinances. 

'''°^^" 4th. To impose fines and penalties for breaches of town 

ordinances, to an amount not exceeding twenty-five dol- 
lars for any one offence. 

5th. To license, regulate, suppress and restrain billiard 
tables, and from one to twenty pin alleys, and every other 
description of gaming and gambling. 

6th. To make regulations to prevent the introduction 
and spreading of contagious and infectious diseases in the 
town. 

7th. To open, alter, widen, extend, establish, grade, 
pave, or otherwise improve and keep in repair streets, 
avenues, lanes, alleys and public grounds belonging to the 
town. 

8th. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged 
for carriage of persons, and for wagonage, cartage, and 
drayage of property. 

■pippung hoMei. 9th. ^o tax or license, restrain, prohibit or suppress 
tippling houses, dram shops, and the sale of spirituous 
liquors, in any quantity whatever. 

cajinmajri. 10th. To regulate the fixing of chimneys and flues 

thereof and stove pipes. 

11th. To regulate the storage of tar, pitch, rosin, gun- 
powder, and other combustible materials. 

12th. And shall have power to make and enforce all 
ordinances necessary and proper for carrying into effect 
all of the powers specified in this act, so that such ordi- 
nances are not repugnant to nor inconsistent with tlie 
constitution and laws of this state. 

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

Approved March 4th, 1854. 



Billiard Ubles. 



Uiseeisefi. 



Streets, &c. 



CM-rl«ge«, &c. 



Tax, &c. 



Ordlnancee. 



187 1854. 

AN ACT to further amend the charter of the city of Joliet, and to define in force Mftrch 4, 

the limits of said city. '^^** 

Section 1. Be it enacted by the people of the state of 
Illi7iois, 9'epresented in the Geyieral Jissembly^ That the 
charter of the city of Joliet, approved and in force June Amendment. 
22d, 1852, shall be and is hereby further amended as fol- 
lows: the said city of Joliet, by her common council, shall 
be and is liereby authorized and empowered to erect and 
construct water works, for the purpose of supplying water 
to said city and the inhabitants thereof, and to companies 
and corporations who may desire to use the same ; to take 
any spring or springs or water within three miles of the 
limits of said city, and to conduct the same in iron, lead 
or other pipes, or aqueducts, over, along, or through any 
I lands, lots, roads, highways, streets, lanes, avenues or alleys, 
within or without the corporate limits of said city, and 
to take any lot or lots, or grounds within said city, for the 
purpose of building or making the necessary reservoirs 
connected with said water works ; and also to take and 
use any and allnecessary grounds at such spring or springs, 
or place or source of taking such water, paying the own- 
er of such spring or springs, water, lands, lots or grounds, 
a reasonable compensation therefor, or the amount of dam- 
ages occasioned thereby; and in case the city council, or 
their agent or attorney, cannot agree with the owner or 
owners for such spring or springs, or water, and for the 
lands, lots, grounds, or right of way for the price thereof, 
or for the damage occasioned by taking the same, the same 
shall be ascertained, determined and paid in the manner 
provided by any law in force for securing the right of way 
for roads or railroads, canals, or for other purposes of in- 
ternal improvements. 

§ 2. Said city of Joliet sliall have power to contract '^'*^'^^'"'- 
with any person or persons to construct said water works 
or reservoirs, and every thing necessarily connected there- 
with, for furnishing water to said city and to the inhabitants 
thereof, and corporations and associations as shall or may 
desire to use the same in said city, and also said city shall 
have the power and authority to charge, collect and re- 
ceive such reasonable sum or sums of money for the fur- 
nishing of and for the use of said water as shall or may be 
deemed just and proper, and to pass all such ordinances, 
by-laws, rules and regulations for the protection of and 
concerning such water works, and the use of such water 
furnished thereby, as shall or may be deemed necessary 
and proper for the interests of said city and her inhabi- 
tants. 

§ 3. Said ciiy, by its agents or employees, shall haveot*. 
full power to manufacture and sell gas, to be made from 
any or all of the substances, or a combination thereof, 



} 



1864. 188 

""""■""^ t 

from which inflammable gas is usually obtained, and to be 
used for the purposes of lighting the city of Joliet, or the 
streets thereof, and any buildings, manufactories, public 
places or houses therein contained, and to erect, build and 
construct any and all necessary works and apparatus, and 
to lay pipes for the purpose of conducting the gas in any,; 
of the streets, lanes, avenues, alleys and public grounds of 
said city : Provided, that no permanent injury or damage 
shall be done to any street, lane, avenue, alley or public 
ground. 

HM Mtate. § 4. For the purpose of carrying into effect the fore- 

going section three, and for the general interest and bene- 
fit of the city, the said city shall have the power to pur- 
chase and hold any real and personal estate and property 
which shall or may become necessary for those purposes, 
and shall also have the power to make any and all neces- 
sary ordinances, by-laws, rules and regulations concern- 
ing the manufacture, sale and use of said gas, and the 
works connected with and for the manufacture thereof, 
and concerning the property of said city, and to charge, 
receive and collect any and all such sum or sums of money 
for the use of said gas as shall be deemed right and pro- 
per ; and also said city shall have the power to lease to 
any person or persons, company or corporation, the right 
to make, vend and sell said gas, and to light said city, its 
streets, public grounds and buildings, and other places 
and buildings, and the privileges necessary for carrying 
into effect such lease, on such terms and conditions as shall 
be deemed just and for the benefit of said city, and for 
the lighting such parts and portions of said city grounds 
and buildings as shall be deemed best for the interest 
thereof. 

Shows, &c. § 5. Said city shall have the power to prevent the ex- 

hibition of shows and amusements without license within 
a distance of three miles from the limits of said city, and 
shall have power by ordinance to restrain the same, and 
to provide for the collection of fines and forfeitures, and 
to grant licenses, to collect and retain all moneys arising 
and accruing for licenses, and to retain all moneys hereto- 
fore collected for licenses. 

Borrow m«wy. ^ 6. Said city shall have the power to issue bonds, to 
borrow money for building and repairing bridges, for in- 
troducing water and distributing the same in the city, for I 
erecting and maintaining gas works and lighting the city, 
and for other necessary improvements, and for ornament- 
ing the city, its public grounds and buildings, for purchas- 
ing necessary public grounds and buildings, for building 
and keeping in repair necessary public buildings, for the 
purchase and keeping in repair fire engines and their ap- 
purtenances, also to levy and collect taxes for the payment 
of its bonds and interest thereon : Provided^ that no bonciii 



Scbooldigtrlct. 



189 1864. 

shall be issued fpr a less sum than five hundred dollars, 
and for an interest not exceeding ten per centum per an- 
num, and the same may be made payable at such times and 
places as the common council shall determine. 

§ 7. Said city shall have all necessary powers not 
herein contained, which shall be necessary to carry out the 
provisions hereof, and of the provisions contained in their 
charter. 

§ 8. The said city of Joliet is hereby authorized and 
empowered to sell and convey any real estate, public 
grounds or other property, and all rights of property or 
any interest therein, belonging to said cliy, under the or- 
der and direction of the common council of said city, 
whether said property shall be situate in or out of said 
city. 

§ 9. That all that part of school district number two 
(2,) now in township number thirty-five (35) north, of 
range ten (10,) east of the third principal meridian, adja- 
cent to and around said city of Joliet, be and the same is 
hereby attached to and made a part of said city for school 
purposes and no other; and that said city be and hereby is 
fully authorized and empowered to levy and collect taxes 
(Ml all the property of all kinds in said territory hereby 
annexed, the same as in other parts of said city, for the 
erecting, building and repairing school houses and furnish- 
ing the same, purchasing libraries and necessary appara- 
tus therefor, and for other necessary school purposes, and 
for no other purposes, and to have and exercise all necessary 
jurisdiction over said territory, and the property and rights 
of property therein, to fully carry out and into effect the 
provisions of this section. And the legal voters of said ter- 
ritory hereby attached are hereby authorized to vote for 
Bchool inspectors of said city in any ward of said city. 

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

Approved March 4th, 1864. 



AN ACT to incorporate the Springfield Gas Light Company. j^^ j^^.p ^^^^ 27 



Section 1. Be it enacted hy the people of the state oj 
Illinois, represented in the General Jissemhly, That John 
T. Stuart, Stephen T. Logan, Ninian W. Edwards, Ben- 
jamin S. Edwards, William J. Black, and their associates, 
successors, heirs and assigns, be and they are hereby cre- 
ated a body corporate and politic, by the name and style 
^f the " Springfield Gas Light Company, ^^ and by thatN»m«. 



1S64. 



1854. 



190 



Direototfi. 



fj»l>*tftl stock. 



OftS 



Proposals. 



name they and their successors shall have perpetual suc- 
cession, and be capable in law of contracting and being 
contracted with, of sueing and beuig sued, defending and 
being defended, in all courts and places, in all matters 
whatsoever, with full powers to acquire, hold, occupy and 
enjoy all such real estate, in fee simple or otherwise, and 
all personal property necessary for the construction, ex- 
tension and use of said company, and for the management, 
use and good government of the same, to have a common 
seal, and the same to alter, break, or renew at pleasure. 

§ 2. The corporation hereby created, when organized, 
shall be under the direction of seven directors, all stock- 
holders in said company, one of whom shall be elected 
president. The directors shall have power to make such 
by-laws, rules and regulations for conducting the works, 
the election of directors and the affairs of the company, 
and may appoint such officers, agents and employees, and 
prescribe the duties of the same, as to them may seem 
necessary, not inconsistent with the laws of the state. 

§ 3. The capital stock of said company shall not exf 
ceed three hundred thousand dollars, divided into share* 
of fifty dollars each, to be subscribed and paid for as may 
be prescribed by the corporators above named, or their suc- 
cessors or assigns. 

§ 4. The corporation hereby created shall have full 
power and authority to manufacture and sell gas, to bfe 
made from any and all substances or combinations thereof, 
from which inflammable gas is or hereafter maybe obtain- 
ed, and to be used for the purpose of lighting the city qi 
Springfield and suburbs, and streets thereof, and any build- 
ino-s, manufacturies, public places or houses therein cou- 
tauied, and to erect all necessary works and apparatui, 
and lay pipes for conducting the gas in any of the streetSj 
avenues, lanes or alleys of said city, or suburbs: Provided, 
that no permanent injury be done to any such lane, streetj 
avenue or alley. To hold real estate not exceeding in value 
seventy- five hundred dollars. The said company shall 
have the exclusive privilege of supplying the city and subj 
urbs, and their inhabitants, with gas, for the purpose 4 
affording light, for twenty-five years. 

§ 5. Be it farther enacted. That it shall be the duty d 
the corporators mentioned in this act, to receive, until the 
first Monday in April next, all such proposals as shall be 
made by any association of individuals for supplying the 
city of Springfield, the citizens thereof, and the publi( 
buildings and offices belonging to the state, with gas, sta- 
ting in'such proposition the price at which it shall be fur-, 
propo.aw tt> benished, and the quality thereof, the time in which the work| 
ro^'^rnor? a^ shali be commeuced and finished; which propositions shall; 
Atwaud trsas-Qj^ ^^^ gj^j^j flrgt Mouday in April, or as soon thereafter af 



iSl 1854. 

practicable, be submitted to the governor, auditor and 
treasurer, or any two of them, and if the governor, audi- 
tor and treasurer, or any two of them, shall esteem any or 
all of said propositions to be reasonable and advantageous 
to the public, they shall award this charter to such asso- 
ciation as shall offer the terms which in their judgment 
shall be most advantageous to the public : Provided, such 
company or association shall enter into bonds, with good 
security, in the penalty of ten thousand dollars, payable to 
the city of Springfield, for the use of common schools in 
said city, to comply with the terms and conditions so offer- 
ed; and if the conditions of said bond are not complied 
with, the whole penalty of said bond may be recoverable and 
collected in an action of debt, and shall be appropriated to 
the use of common schools in said city; and on the accept- 
ance of said terms and the execution of such bond the said 
association shall become incorporated and invested with all 
the rights and privileges conferred by this charter, and shall 
supersede the corporation herein named, but shall never 
be allowed to charge any higher rate for gas than is men- 
tioned in their said proposition. 

§ 6. Should none of said propositions be deemed by Opeu books, 
the governor, auditor and treasurer, or two of them, to be 
such as ought to be accepted, then it shall be the duty of 
said corporators, having first given in a public newspaper 
printed in Springfield, twenty days previous notice of the 
time and place to open the books of subscription for the 
capital stock of said company in the city of Springfield, 
and to keep the same open until at least seventy-five thou- 
sand dollars of the capital stock has been subscribed, giv- 
ing preference in subscriptions to the citizens of Spring- 
field, and reducing their subscriptions pro rata, if more 
shall be subscribed in one day, and when the whole of said 
amount shall be subscribed, said subscribers shall become 
a corporation as herein provided, in lieu of the corpora- xew corpor»«(w 
tors herein mentioned, and clotlied with all the privileges, 
powers and rights conferred by this act, but shall never be 
allowed to charge for gas at any greater rate than shall 
be staled in the lowest proposition made as aforesaid; and 
unless they shall put their said gas works in operation in 
a reasonable time, the charter shall be forfeited : Provided 
further, nothing in this act shall be so construed as to 
authorize said company to use or occupy any street, 
avenue or alley in said city, in any manner whatever, 
without the consent of said city. 

Approved Feb. 27th, 1854. 



1854. 192 

IB force Feb. 38, AN ACT to amend the act incorporating the Illinois Central Railroad Com- 
1864. pany. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the GeneralJissembly^ThoX so much 

Repealed. of section sixteen of the act incorporating the said com- 

pany as requires that lands in said section mentioned to 
be sold for cash in hand or bonds of the said company at par, 
be and the same is hereby repealed, and the said lands 
may be disposed of upon such credit as may be deemed 
expedient by contracts for sale and conveyance : Provided^ 
however, no conveyance of the title of any such lands shall j 
be made until the whole purchase money agreed to be paid ] 
therefor shall be made either in cash or the bonds of the 
company at par. 

Line of road. § 2. That whenever it has been found necessary from 

any cause to deviate in the construction of the road of 
said company, or of the branches thereof, from the line 
originally designated, the line upon which said road is in 
process of construction shall be deemed and taken to be 
the line authorized by its charter, and all the acts and con- 
tracts of said company touching the same, and all pay- 
ments made for the right of way, shall be as valid and ef- 
fectual as if the said road had been originally located in 
every respect upon the present line of construction. 

Piiiure to oom- § ^' ^^ ^^^^ ^^ shall SO happen, from any causes not now 

piete. foreseen, that the said company should be unable and fail 

to complete its main line within the period fixed by its 
charter, it shall not be taken and deemed to be any cause 
of forfeiture of the franchises and charter of said compa- 
ny, but it shall have the right to complete the said road 
within six months after the expiration of said time, and 
thereupon all its corporate rights shall be and remain as if 
the said road had been completed within the period origi- 
nally fixed by its charter. 

<>pitai stock. § 4. The capital stock of said company shall be fixed and 
limited at seventeen millions of dollars, and the certificates 
therefor may be issued as shall be deemed expedient by 
the board of directors. 

Actioneatiaw. § 5. In any action at law for any trespass upon any of 
the lands granted by the state to the said company, or for 
any other cause, wherein it may become necessary to prove 
the interest of said company or the trustees in said lands, 
the certificate of the commissioner of the general land 
office of the United States, or other proper certifying offi- 
cer, that the lands in question have been selected and con- 
finned to the state, or said company, or said trustees, as 



19^ 1854. 



the case may be, shall be sufficient prima facia evidence 
of title in all the courts of this state for the maintenance 
of said actions. 

§ 6. This act shall take effect when accepted by a re- 
solution of the board of directors of said company. 

Approved February 27, 1854» 



AN ACT recognizing and authorizing the construction of the Illinois In force Feb. 27, 
Southern and Chicago Railroad. 1864. 

Whereas an association of persons formed under and in 
pursuance of the provisions of an act of the general assem- 
bly of the state of Illinois, approved November 5, A. D. 
1849, entitled an act to provide for a general system of 
railroad incorporations, for the construction of a railroad 
from Grayville, in the county of White, through the coun- 
ties of Edwards, Richland, Jasper, Cumberland and Coles, 
to a point on the Chicago Branch of the Central Rail- Preamble, 
road, at or south of the northern boundary of said Coles 
county: and whereas said association has been duly organ- 
izedand entered into articles of association as required by 
said act above referred to, which articles of association 
has been duly filed, and is now on record in the office of 
the secretary of this state: and whereas the said association 
and railroad company, under the style and description of 
the " Illinois Southern and Chicago Railroad Compa- 
ny,''^ have by their engineer proceeded to survey a line 
for their said railroad, and have run the same from and 
to the points above named, passing through or near the 
towns of Albion, in the county of Edwards, Olney, in 
the county of Richland, Newton, in the county of Jas- 
per, and Charleston, in the county of Coles — therefore. 
Section 1. Be it enacted hy the people of the state of 
'llinois^ represejited in the General Assembly, That the 
aid " Illinois Southern and Chicago Railroad Company," 
p consist in part of the persons hereinafter named, is here- 
y declared duly organized for the purposes of the con- 
truction and use of the railroad aforesaid, with all the 
owers and privileges conferred by the act above named, Pr.wers. 
nd the acts amendatory thereto, and subject to all the lim- 
ations, penalties and liabilities in such acts as also in this 
ct; and the said company is hereby authorized to com- 
lence, construct and maintain their said railroad as in 
leir article of association specified, in accordance with 
T^ act hereinbefore recited, the act amendatory thereof, 
nfl of this act. 
13 



1854. 194 

Bight of way. § 2. The Said Illinois Southern and Chicago Railroad 
is hereby declared to be a work of sufficient public utility 
to justify the taking of private property for constructing 
and maintaining said railroad, and the same may be taken 
and appropriated whenever requisite under the provisions 
of the acts now in force for that purpose; and the said 
company may if they choose, commence the line of their 
said railroad at the Wabash river, at or in the said town of 
Grayville. 

Eorrow money. § 3- Said Company shall have power to borrow money 
for the construction, equipment and maintenance of said 
railroad, to issue their bonds therefor, upon terms and con- 
ditions as the board of directors thereof may direct, but 
at a rate of interest not exceeding ten per cent, per an- 
num; and for the purpose of securing the payment of said 
bonds or other liabilities, said company may mortgage 
their said road, its buildings, franchises or any other of its 
rights or effects, in such form and manner as the board 
of directors thereof may direct. 

stock in other § 4. Said Company shall have power to take and hold 
^°^^^' stock in or loan its credit to any railroad company within 

this state, whose road may connect directly, or by con- 
necting lines, with said Illinois Southern and Chicago Rail- 
road. 

§ 5. The following nahied persons, or any number of 
them who shall agree to act, are hereby constituted a por- 
tion of the company and board of directors of the said 
Illinois Southern and Chicago Railroad, and with the seve- 
ral persons heretofore appointed by the said association as 
their president and board of directors, shall, until a new 
election thereof, exercise the powers and authorities of di- 
rectors of said company; and all meetings and actings of 
the board of directors of said company liereafter the said 
persons hereby appointed and made a portion of said com- 
pany and board of directors, shall have due notice and be 
received and recognized as other members of said board, 
and be subject to all the penalties and liabilities imposed 

Additional direc- by jaw upou sucli directors, viz : Dumas Vandaren, of the 
county of Coles, Mortimer O'Kean, of the county of JaS' 
per, Finney D. Preston and Alfred Kitchell, of the county 
of Richland, Walter L. Mayo, of the county of Edwards, 
Alvin R. Kinned, of the county of White : Provided, how< 
ever, that the said directors hereby appointed shall each 
of them become subscribers of stock in said railroad com 
pany, to the amount of one or more shares of the capi- 
tal stock thereof, before assuming the duties of such di- 
rectors. 

CommiBsioners. § g. In addition to the persons already appointed byj 
said company, as commissioners to open books and re- 
ceive subscriptions of stock to said railroad, the following 



I 



195 1854. 

named persons are also hereby appointed and constituted 
commissioners, with like powers, for the purpose of open- 
ing stock books and procuring subscriptions; and the said 
commissioners shall each be authorized to open books and 
receive subscriptions until a meeting of the board of di- 
rectors, and further arrangement and direction by them is 
provided; and the said commissioners or any three of them 
shall have power, (in case the board of directors shall not 
sooner meet in some one of the counties along the line of 
the said road,) to call a meeting of said board of direc- 
tors at the town of Olney, in the county of Richland, on 
the first Monday in June next, or at such other time there- 
after as they may agree upon, due notice of such meeting 
to be given to all the members of such board for thirty 
days next preceding, by publication in a newspaper in 
each of the counties where papers are published through 
which said railroad shall run. The following persons are 
the commissioners hereinbefore referred to, viz : John M. 
Eastin, of the county of Coles, David T. Wisner, of the 
county of Cumberland, Francis Fuller, of the county of 
Jasper, George Forviman, of the county of Edwards, Hor- 
ace Howard, of the county of Richland, James Stephen- 
son, of the county of White. 

§ 7. The said board of directors, in addition to the 
other officers authorized by law, may if they choose, also 
elect and have a vice president, with such powers, rights 
and duties as they may direct. 

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

Approved February 27, 1854. 



AN ACT to amend an act entitled " an act to incorporate the town of Mor- in force March I, 
ris, in Grundy county." *^*' 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assemhly, That the 
qualified voters residing within the corporate limits of the Eiectioa. 
town of Morris, shall, on the first Monday of April next, 
and on the first Monday of April, annually thereafter, 
elect by ballot a president of said town, a constable, who 
shall be ex officio collector, a treasurer, who shall be ex 
officio assessor, and a clerk of said town, who shall be the 
successor of the clerk heretofore appointed by the board 
of trustees, and shall perform the same duties. 

§ 2. The trustees of said town shall be elected as now powers, &c. 
provided by law, and shall be vested with the powers and 
perform the duties prescribed by this act and the act to 
which this is an amendment. 



1854. 



196 



'1 legal voters. 



Style. 



§ 3. Notice of all such elections shall be given in the 
manner now provided by law, under the direction of the 
board of trustees. It shall not be necessary for more than 
one of the trustees of the ward in which any election is 
held to act as judge of such election, and in case no trus- 
tee shall be in attendance, the legal voters present shall 
select one of their own number to act as judge, and an- 
other to act as clerk of such election. Said judges and 
clerks, whether the judges be trustees or not, shall several- 
ly be sworn, as is now required by the general election 
Jaws of this state. 

§ 4. If any person shall vote at any such election, 
who is not a qualified voter under this act or the act to 
which this is an amendment, he shall be liable to indictment, 
and on conviction thereof, be fined in any sum not more 
than fifty dollars; nor less than ten dollars, and the circuit 
court of Grundy county is hereby vested with full and 
complete jurisdiction of all cases arising under this sec- 
tion. 

§ 6. The style of all ordinances of said town shall be 
" Be it ordained hy the president and trustees of the town 
of Morris.'^^ In the passage of all ordinances, and in the 
determination of all other questions, a majority of all the 
members present shall concur, but in case of an equal 
division, the president shall, by his casting vote, decide the 
question. Ail ordinances so passed shall be signed by 
the president, attested by the secretary, and published as 
now provided by law; and all such ordinances shall, if not 
repugnant to the constitution or laws of the United States 
or this state, have all the force and effect within the cor- 
porate limits of said town, of the statute laws of this 
state. 

§ 6. The president shall attend to the interests of said 
town, shall preside at all meetings of the board of trus- 
tees, and shall take care that the ordinances are faithfully 
executed; he shall be a conservator of the peace within 
the limits of said town, and may cause any offender against 
the law or any of the ordinances to be arrested, and the 
penalties summarily enforced; he shall have power to ad- 
minister oaths whenever in the discharge of his official du- 
ties the administration of an oath may be necessary, and 
oaths administered by him shall have all the force and 
effect of oaths administered by other competent authority. 

§ 7. The board of trustees of said town shall have full 
power to pass such ordinances as they may in their dis- 
cretion think advisable, not inconsistent with or repug- 
nant to the constitution or laws of this state or the United 
States, upon the subject of the traffic in and retail of dis- 
tilled and fermented spirituous liquors, and all such ordi- 
nances shall have all the force and effect of statute law 



197 1854. 

within the corporate limits of said town. Said board of 
trustees shall have power to fill by appointment any va- 
cancy which may occur in the offices of treasurer, con- 
stable or clerk, by death, resignation, removal or other- 
wise, and the officer so appointed shall hold their respec- 
tive offices until the next annual election, and shall exer- 
cise the same powers, perform the same duties, and be 
subject to the same liabilities, as if elected according to 
the provisions of the first section of this act. 

§ 8. In all prosecutions for violations of any ordinance ^"'°''^"°"^ ''^ ^'^- 
of said town of Morris, the first process shall be a sum- 
mons, unless oath or affirmation be made by the party ap- 
plying for such process as in other cases, before justices 
of the peace for the issue of a warrant, and such process 
shall state and specify the particular ordinance, and the 
clause thereof charged to have been violated. 

§ 9. So much of the act to which this is an amend- R'l^a :<*■'• 
ment as confers jurisdiction of all cases arising under any 
of the ordinances of said town upon the president, is here- 
by repealed, and full and complete jurisdiction of all such 
cases, wherein the amount in controversy does not exceed 
one hundred dollars, is hereby conferred upon and vested 
in justices of the peace; and it shall be lawful for any justice 
of the peace residing within the corporate limits of said 
town, to issue process, and to have and determine all suits 
arising under said ordinance, or to enforce penalties and 
fines imposed for violations thereof, rendering such judg- 
ments as the nature of each case may require, and issuing 
execution thereon, as in other cases before justices of the 
peace, under the general laws of this state : Provided, 
that trial by jury shall be permitted, and appeals to the 
circuit court of Grundy county allowed upon the same 
terms and conditions as in other trials before justices of 
the peace, but no change of venue shall b« allowed in any 
such cases. 

§ 10. The board of trustees shall have power, and it'"'a'"(is. 
is hereby made their duty, whenever in their opinion the 
interests of the town demand it, to alter and change the 
boundaries of the wards in said town, and to create new 
wards ; and whenever anew ward shall be so created, two 
additional trustees shall be elected therein, having the 
same powers, and whose duties shall be the same as the 
other trustees. 

§ 11. The president and members of the board of trus- street tax. 
tees of said town shall, during their continuance in office, 
be exempt from street tax and road labor, and from ser- 
ving on juries. 

§ 12. It shall not be necessary in any proceedings in 
any of the courts of this state, when the acts and doings of 
the corporate authorities of said town of Morris, or any 



1854. 198 

of its officers, may come before the court to prove the or- 
ganization or incorporation of said town, but the same 
shall be taken and considered as properly and legally or- 
ganized and incorporated, and all plats and surveys when 
made by the town surveyor duly appointed by the board 
of trustees, and authorized to act as such, being authenti- 
cated by a certificate signed by such surveyor, shall be 
received in all courts and places as competent evidence of 
the acts therein stated, and shall have all the force and 
effect of surveys and plats made by county surveyors. 
Duty of clerk. ^ 13. The clsrlc of said town, when duly elected and 

qualified, shall have the custody of the seal and of all the 
papers, public records, minutes and proceedings of said 
town, and copies of any and all papers, documents and 
proceedings properly in the custody of said clerk^ when 
certified to by him, under the seal of said town, shall have 
all the force and effect of the original paper or document, 
if produced, and shall be deemed and taken to be duly 
proved in all judicial and other proceedings, without fur- 
ther authentication. In proceedings in any of the courts 
of this state under any of the ordinances of said town, the 
publication of such ordinances need not be proved, but 
all such ordinances shall be deemed and taken to have 
been duly published without such proof: Provided, that 
nothing in this act contained sliall be so construed as to 
dispense with the requirement to publish such ordinances 
as now required by the act to which this is an amendment. 

§ 14. All parts and portions of the act to which this is 
an amendment which are not repugnant to or inconsistent 
with the provisions of this act shall, notwithstanding the 
passage of this act, remain and continue in full force and 
effect, but all such parts of the act aforesaid as are con- 
trary to or inconsistent with any of the provisions of this 
act are hereby repealed. 

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

Approved March 1st, 1854. 



!n force Marcli !, AN ACT in vacate a part of a state road in Richard Bibb's addition to the 
1854. town of Jacksonville, Morgan county. 

Section 1. Be it enacted hy the people of the state of 
Illinois, rej^resented in the General ^dssemhly. That so 
much of a state road in Morgan county, as lies between lots 
one, two, three, four, five and six, on the south, and lots 
seven, eight, nine and ten, on the north, in Richard Bibb's 



199 1854. 

addition to the town of Jacksonville, and which road is 
de'signated on the plat of said addition as Court street, be 
and the same is hereby vacated, and for nothing held. 

§ 2. That this act is hereby declared to be a public 
act, and shall be in force from and after its passage. 

Approved March 1st, 1854. 



AN ACT to amend the charter of the city of Rock Island. in force Feb. 23, 



1864. 



Section 1. Be it enacted hy the. people oj the state of 
Illinois, represented in the General Assembly, That all 
that district of country embraced within the following 
boundary, to wit, commencing at the northeast corner of 
fractional township eighteen (18) north, of range two, 
west of the fourth principal meridian, thence running 
north, on the east line of said township, across the island 
of Rock Island, to the middle of the main channel of the 
Mississippi River, thence down the middle of said main 
channel to a point in said river due west of the south line 
of said township, thence running due east on the south line 
of said township to the place of beginning, and which shall 
include all the lands and waters in said township, shall 
hereafter constitute the city of Rock Island, and is de- 
clared to be within its boundaries. 

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

Approved February 28, 1854. 



AN ACT to vacate a state road therein named. In force March i, 

1851. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
state road in Washington county, in this state, known as 
the Nelson Ferry road, and leading from the Kaskaskia 
river to John Atkins', there intersecting with a road leading 
from Nashville, in said county, to St. Louis, be and the 
same is hereby vacated. 

Approved March 1st, 1854. 



1854. 



200 



In farce March 1, AN ACT to amend the charter and extend the powers of the Chicago and 
1864. Rock Island Railroad Company. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
preamble and ordinance passed by the city council of the 
city of Rock Island, on the twenty-second day of August, 
in the year of our Lord one thousand eight hundred and 
fifty-three, regulating the depot grounds and tracks of the 
Chicago and Rock Island Railroad within said city, be 
and the same is hereby legalized, and the said company 
confirmed in all the rights and privileges conferred or in- 
tended to be conferred upon it by said ordinance. This 
act to take eiFect from and after its passage. 

Approved March 1st, 1854. 



In force Feb. 28, AN ACT further to amend the charter of the Chicago and Mississippi 
1'61. Railroad Company. 



Borrow money. 



Bonds. 



Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
Chicago and Mississippi Railroad Company is hereby em- 
powered to borrow money, not exceeding in amount its 
capital stock, as authorized by law, for the purpose of com- 
pleting its railroad, and for laying down a double track on the 
whole or a part thereof, and for completing its buildings, 
fixtures and machinery, and supplying equipments for the 
road, or for paying any debts or liabilities heretofore in- 
curred, or hereafter to be incurred by said company, in the 
construction, completion or equipment of its road, or lay- 
ing down a double track thereon, or otherwise incurred, 
or to be incurred; and for the purpose of borrowing such 
money, said company may issue its corporate bonds or ob- 
ligations, payable to order or bearer, on time, at any place 
within or without this state, bearing an interest not exceed- 
ing ten per cent, per annum, payable annually or semi-an- 
nually, and with or without authority therein to the hold- 
ers respectively, at any time or times therein to be speci- 
fied, to convert such bonds or obligations into the capital 
stock of said company at par ; and said company is hereby 
authorized to secure the payment of such bonds or obliga- 
tions, or any part thereof, by one or more mortgages upon 
the property, real and personal, rights, credits and fran- 
chises of said company, and to sell, dispose of or negotiate 
such bonds or obligations, either within or without this 
state, at such rates, for such prices, and on such terms as 
said company may determine, and all such sales or other 



201 1864. 

negotiations of such bonds or obligations, or any of them, 
for a less amount than tlieir par or nominal value, shall be 
as legal, valid and effectual, and as binding upon said com- 
pany, as if they had been sold or otherwise negotiated at 
their full par or nominal value. 

§ 2. The said company is hereby further authorized, G^a^ntee stock. 
for any of the purposes specified in the first section of this 
act, to create and issue shares of guaranteed stock, to be 
denominated "preferred stock," which, together with the 
other stock of the company, shall not exceed the amount 
of capital stock authorized by law, and which prefer- 
red'stock shall be entitled to such rates of dividend or of in- 
terest, not exceeding ten per cent, per annum, payable 
out of the nett earnings of said road, and to such prefer- 
rence or priority in the payment of dividends or of interest, 
not exceeding the rate aforesaid, out of the nett earnings 
over the original or other stock of said company, as the 
board of directors shall determine and prescribe, and as 
shall be approved by a majority in interest of the owners 
of the original or other stock of the company, represented 
at any annual meeting, or by the written consent of the 
owners of a majority in interest of such stock, filed in the 
office of the company, and all such guarantees, and any 
contracts in respect to the dividends or interest to be paid 
upon such "preferred stock," not exceeding the rate afore- 
said, shall be legal and binding upon said company : Profz- Proviso. 
ded^ however^ that this act, and nothing therein contained, 
shall be so construed as to impair or affect the validity of 
any corporate bonds or obligations heretofore issued by 
said company, or the validity or lien of any mortgage or 
mortgages heretofore made or executed by said company, 
to secure the payment of such bonds or obligations ; nor 
shall this act, nor anything therein contained, be so con- 
strued as to allow or permit said company to issue or have 
outstanding, at any time, its corporate bonds or obliga- 
tions exceeding in amount the capital of said company as 
authorized by law. 

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

Approved Feb. 2Sth, 1854. 



AN ACT to amend the charter of the city of Ottawa. In force MarCnl, 

1854. 

Section 1. Be it enacted hy the people of the state o/" Amendment, 
Illinois, represented in the General %dssemhly, [That] the 
city of Ottawa shall, in addition to the powers conferred 



1854. 



202 



Bridge. 



Repealed. 



FoTfettare. 



Refnod. 



by "an act to charter. the city of Ottawa," approved Feb- 
ruary 10th, 1853, have power to take stock in the Illinois 
River Bridge Company, at Ottawa, or to loan their credit 
to said company in the manner prescribed by "an act to 
authorize the building of a bridge across the Illinois river 
at Ottawa," approved January 27th, 1853, and for that 
purpose Alson Woodruff, William Reddick, Henry F. Ernes, 
William Richardson and David Strawn, are added to the 
number of corporators named in the first section of the 
"act to authorize the building of a bridge acros.s the Illi- 
nois river at Ottawa," approved January 27th, 1853, and 
the persons herein named, in connection with the persons 
named in the said first section of said act, shall discharge 
all the duties and exercise all the powers conferred or im- 
posed by said last mentioned act, and they, or a majority 
of them, shall meet at the office of the clerk of the circuit 
court of said county, on the second Monday in March next, 
organize said company, adopt articles of association, make 
by-laws for the government of said company, and cause 
books of subscription to the capital stock of said company 
to be opened. 

§ 2. The right of constructing said bridge shall not 
be forfeited by reason of any omission or neglect to com- 
mence the construction of said bridge within the time lim- 
ited by the act last mentioned : Provided, the construction 
of said bridge be commenced, and the sum of five thousand 
dollars be actually expended thereon within one year from 
the passage of this act. 

§ 3. Sections second and nine of the "act to authorize 
the building of a bridge across the Illinois river at Otta- 
wa," are hereby repealed, but the said bridge company shall 
so construct their bridge that whenever the said river shall 
be made navigable to Ottawa, by an improvement of the 
same, they shall keep open at least sixty feet whenever 
steamboats or other craft navigating said river may wish to 
pass. 

§ 4. In case said city of Ottawa shall take stock in said 
company, or loan its credit to said company, the charter 
of such bridge company shall not be forfeited by reason of 
said bridge becoming impassable for three months : Pro- 
vided, the same be caused by fire, or flood, or other casu- 
alty, but in such case the company shall be allowed neces- 
sary time to repair or rebuild the same. 

§ 5. Whenever the private stockholders of said com- 
pany shall refund to said city the whole amount, both prin- 
cipal and interest, which may have been advanced by said 
city, or for which said city shall in anywise be liable for 
or on account of said bridge, then said city shall cease to 
be a stockholder in said bridge, and the stock heretofore 
held by said city shall belong to the private stockholders 
of said company. 



/ 203 1854. 

§ 6. In case said city shall take stock in, or loan said fax. 
bridge, or loan its credit to said bridge company, as here- 
inbefore provided, the corporate authorities of said city 
may levy a tax therein, for the purpose of paying the inter- 
est upon any bonds or other securities issued by said city 
for that purpose. Said tax shall be levied and collected as 
other taxes for city purposes are or may by law required 
to be. 

§ 7. Said city may at any time sell the stock held byseii stock. 
said city in said bridge company to the said bridge com- 
pany ; the manner of such sale to be determined by ordi- 
nance of said city. 

§ 8. In case said city shall take stock in said bridge, 
or loan its credit to said bridge company, and said bridge 
shall be built and kept in repair, as provided in this act, 
no other toll-bridge shall be built across said river within 
two miles from the bridge authorized to be built by said 
bridge company, within ten years from the completion of 
said bridge. 

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

Approved March 1, 1854. 



AN ACT in relation to the Winchester'and Illinois River Plank Road Com- in force Feb. 28. 

pany. ^854. 

Section 1. Be it enacted by the people of the state o/'toii. 
Illinois, represented in the General »^ssembly, That it shall 
be lawful for the Winchester and Illinois River Plank Road 
Company to charge and receive such rates of toll, not ex- 
ceeding double the rates now allowed by law, on so much 
of said road as is situated on the Illinois river bottom, and 
subject to the overflow of said river. 

§ 2. It shall be lawful for said company to fix the ter-Tennini. 
mini of said road one-half mile short of the distance named 
by them in the articles of their association. 

§ 3. This act to take effect from and after its passage. 

Approved Feb. 28th, 1854. 



1854. 



204 



In force March 2, AN ACT to amend "an act to incorporate the Belleville and Murphy sborp I 
1854. Railroad Company, and for other purposes," in force February 8, 1853. 

Be it enacted by the people of the state oj lllinoh^ rejo- 
resented in the General »/lssembly, 

Section 1. That the Belleville and Murphysboro Rail- 
road Company shall have full power and authority to ex- 
tend their said road beyond the Illinois Central railroad, by 
the way of Vienna, in Johnson county, to Metropolis City, 
in Massac county, and may lay out, designate, construct 
and operate their said extension road, under the same pow- 
ers and privileges as are conferred upon the said company, 
under their said charter, and the acts amendatory thereof : 
Provided, that such extension road shall not be commen- 
ced until after a majority of the stockholders shall have 
first voted in favor of said extension road, and before said 
question shall be submitted there shall be sixty days' no- 
tive given, in two daily papers in the city of New York,'! 
the like number in the city of St. Louis, and the papers 
along the line of said road. 

Approved March 2, 1854. 



In force March 1, AN ACT to legalize the acts of the Belleville and Mascoutah Plank Road 

Company, and to amend their charter. 



Legalized. 



Borrow money. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
acts and doings of the Belleville and Mascoutah Plank 
Road Company, organized under the general plank road 
law, and the amendments thereto, be and the same are 
hereby legalized. 

§ 2. That the said company are hereby authorized to 
sell and convey any real estate which they have hereto- 
fore or may hereafter purchase, for the construction of said 
road, to be sold upon such terms as the board of supervi- 
sors of said company shall direct. Said deeds to be signed 
by the president of said company, with the seal of said com- 
pany affixed by the secretary ; said deed to be acknowl- 
edged by the president, before any person authorized to 
take the acknowledgment of deeds. 

§ 3. That the said company is hereby authorized to 
borrow money for the purpose of constructing and opera- 
ting said road, and to that end they are hereby authorized 
to mortgage said road, or any part thereof, by deed of 
mortgage executed by its president, by order of its board 
of directors. Said company are also authorized to appro- 



205 1854. 

•ipriate and set apart by contract or otherwise, for the pur- 
pose of providing for and effecting the payment of any such 
loans, the tolls of said road, or any part thereof. This act 
to be in force from and after its passage. 
Approved March 1, 1854. 



AN ACT to amend the charter o£ the Canton aad Liverpool Plank Road In force March l, 

Company. 1S54. 

Section 1. Be it enacted by the people of the state o/'Asseesmentd. 
Illinois, represented \in the General Jlssemhly, That the 
board of directors of the Canton and Liverpool Plank Road 
Company are hereby vested with power to levy, from time 
to time, assessments upon the capital stock of said compa- 
ny, of such amount as may be sufficient, in the opinion of 
said board of directors, to pay the debts and liabilities of 
said company. 

§ 2. That said assessments shall be levied by order of the 
board of directors, which order shall specify the amount of 
tlie 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. 

§ 3. After any order shall have been passed by theP"''i'<=»*'<'"" 
said board of directors, levying any such assessment, no- 
tice thereof shall be given to the stockholders of said com- 
pany, by publication for thirty days in all the newspapers 
printed in the town of Canton; and it shall be the duty of 
the publishers of such papers to file certificates of said pub- 
lications with the secretary of said company, which certifi- 
cates shall be evidence of such publication in all places, 
should such publication ever be called in question; and a 
certificate from the secretary of said company, that any 
publications have been made, as by this act required, shall 
be pit'i'mcL facie evidence thereof in all courts and places 
whatever. 

§ 4. If payment of any assessment upon any share or Delinquents, 
shares of said stock shall not be made to the treasurer of 
said company within the time limited by the order of the 
said board of directors levying such assessment, which 
shall not be less than sixty days from the time of the pas- 
sage of such order, it shall be competent for the said board 
of directors, and they are hereby vested with full power, 
to declare any and all stock of said company upon v/hich 
any assessment shall not have been paid, to be forfeited to 
isaid company, and the said stock shall be and the same is 
hfereby declared to be forfeited and cancelled. 



1854. 



206 



Certificate. § 5. When any assessment shall be made for the puri| 

poses aforesaid, it shall be the duty of the directors of sail 
roadj upon payment of such assessment being made, to is- 
sue to such stockholder paying such assessment, a certifi- 
cate of stock in said company for the amount of such as- 
sessment paid by such stockholder, and said directors are 
hereby authorized to increase the capital stock of said com- 
pany so much as shall be necessary for that purpose. 

Amend. § 6. That it shall be lawful for said company, by their 

secretary, to amend their articles of association filed by 
said company in the office of the secretary of state, so as to 
obtain the benefit of this act. 

Proviso. § 7" Provided, said company shall not be permitted to 

lay or collect any of the aforesaid tax from the county of j 
Fulton, without the consent of the board of supervisors of| 
said county first obtained. 

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

Approved March 1, 1854. 



■In force March Ij 
1854. 



AN ACT to establish and locate a state road therein named. 



Section 1. Be it enacted by the people of the state of 
uomniissioners. Illinois, represented in the General *dssemhly, That James 
Jolliff, William H. Crawford and Lewis Stacy, of Clinton 
county, and Francis Agnew and Andrew J. Pearcy, of 
Marion county, be and they are hereby appointed a boar4 
of commissioners to view, survey and locate a state roadj 
to diverge from the Shawneetown road, in Clinton county^ 
at or near Matsler's; eastwardly thence, on the most direct 
and practicable route, having a due regard to private pro- 
perty, to Crooked creek, at or near Col. JolliflT's millj 
thence to Central City, in Marion county. 
^ jj § 2. That the commissioners appointed in the forego4' 

ing section report to the clerks of the county courts of said 
counties, if a majority of said commissioners agree in favor 
of the location of the road, and file with such report a map 
of the survey and line of said road, and thereupon it shall 
be the duty of said clerks to notify the supervisors of roads^ 
of their respective counties, through whose road districts 
the same may pass, to open the same to the width of not 
less than forty feet, and thereafter it shall be the duty of 
said supervisors to employ road labor upon said road as in 
other cases of a public highway. 
vacftted. § 3. So much of the state road that leads from Peoria 

to Farmington, in Fulton county, as lies between the east 



207 1854. 

line of the northeast quarter of section eight, township 
eight, north of the base line, of range number seven, east 
of the fourth principal meridian, and the west line of the 
northwest quarter of section eight, in same township and 
range, on north section line, be and the same is hereby de- 
clared vacated, and William S. Moss, Henry J. Heaton and 
George VV. Yash, are appointed commissioners to relocate 
so much of said road as is declared vacated by this section. 

§ 4. This act to be in force from and after its passage, 
any thing in any law to the contrary notwithstanding. 

Approved March 1, 18&4. 



AN ACT to amend an act entitled "an act to construct a railroad from in force March i , 
Jacksonville, in Morgan county, to La Salle, in La Salle county. i&^4. 

Section 1. Be it enacted by the people of the state o/'commiBBiooers. 
Illinois, represented in the General Jissemhly, That James 
Dunlap, James M. Ruggles and Gideon, W. Rupert, are 
hereby appointed commissioners, who, or a majority of 
whom, alter a meeting duly called by twenty days' notice 
in newspapers published in Morgan, Mason and Tazewell 
counties, are hereby authorized to open subscription books 
for subscribing to the capital stock of said company, at such 
places as they may deem proper, and shall keep said books 
open until one hundred thousand dollars of said capital stock 
shall be taken. Said commissioners shall require each indi- 
vidual subscriber to pay ten dollars on each share subscri- 
ed, at the time of subscribing, and shall require counties, 
towns or cities subscribing to issue bonds to the amount of 
ten dollars per share at the time of subscribing. Said com- 
missioners shall immediately thereafter call a meeting of 
stockholders, by giving thirty days' notice in some newspa- 
per printed in the counties of Morgan, Mason or Tazewell, 
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 shall deliver said subscrip- 
tion books, with all sums of money, and all bonds received 
by them as commissioners, to said directors. No person 
shall be a director in said company unless he shall own at 
least five shares of the capital stock of said company. 

§ 2. Said company shall have the power to unite or Consolidate, 
consolidate its railroad with any other railroad now con- 
structed, or which may hereafter be constructed within 
this state on the route of said road, or at the terminus of 
said road, upon such terms as may be mutually agreed up- 
on between the companies so connecting, and for that pur- 



1854. 



208 



pose 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 ; and said com- 
pany shall not be required to build that portion of said road 
north of such connection as may be agreed upon unless a 
majority of the directors of said company shall be in favor 
of extending and completing said road north of said con- 
nection. 

ftigutofway, &c § 3. The right of way and the real estate purchased 
by said company, whether by mutual agreement or other- 
wise, or which shall become the property of the company 
by operation of law, shall, upon the payment of the amount 
due to the owner or owners of said lands, become the pro- 
perty of the said company in fee simple. 

Repealed. § 4. Sectious six and seven of the act to which this is 

an amendment are hereby repealed, and all parts of said 
act conflicting with the foregoing amendatory act. 

Branch. § &• Jamcs M. Ruggles, Benjamin Beesley, Hugh La- 

master, John S. Winter, Wm. McMurtry and Lemuel An- 
drews, are hereby authorized to construct and operate a 
branch of the "Illinois River Railroad," to be called the 
"Mississippi and Illinois River Railroad," from Bath, in 
Mason county, to Rock Island, in Rock Island county, via 
Lewistown, in Fulton county, Knoxville and Henderson, 
in Knox county ; and for the purpose of constructing said 
branch road, said commissioners named in this section are 
hereby declared to possess all the powers, and be subject 
to all the restrictions contained in this act and the act to 
which this is an amendment. The capital stock of said com- 
pany shall be one million five hundred thousand dollars, and 
said company are hereby authorized to increase their cap- 
ital stock to such amount as may be necessary to complete 
such branch road, under the same provisions and regulations 
as are provided for in this act and the act to which this is an 
amendment. The above named commissioners are hereby 
authorized to open books for subscription to the capital 
stock of said company at such places on the line of said 
branch road as may be agreed upon, by giving notice as 
provided for in this act. 

^'^^'^ § 6. Said company shall have the right to establish a 

ferry at the place of crossing the Illinois river, and also of 
constructing a bridge across the same : Provided, said 
bridge shall be so constructed as not to materially obstruct 
the navigation of the said river. Said company shall also 
have the right to consolidate, unite with or cross any railroad 
constructed or to be constructed on the route of said 
branch road, as provided for in this act. 

stock taken by § 7. This act shall not be so construed as to impair, or 

cassaad Mason, jjj g^jjy^jgg affect the votc already taken for subscribing 

stock in the "Illinois River Railroad," by the counties of 



209 1854. 

Cass and Mason, and said election, and all proceedings 
heretofore had by said company are hereby declared to 
be legal and binding in law and equity. 

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

Approved March 1, 1854. 



AN ACT to amend the charter of the city of Alton. lu force Feb. 28, 

1854. 

Section 1. Be it enacted by the people of the state o/" Repealed. 
Illinois, represented in the General Assemhly, That "an 
act to change the corporate limits of the* city of Alton," 
approved February 8th, 1849, be and the same is hereby 
repealed, and that so much of the first section of "an act 
to incorporate the city of Alton," approved July 21st, 
1839, as was repealed or modified by the aforesaid act, be 
and the same is hereby re-enacted and restored to its full 
force and virtue. 

§ 2. That the corporate»authorities of the city of Alton Bonds. 
be and they are hereby authorized to issue bonds of the 
city of Alton, for the purpose of erecting a city hall and 
market house, &c., pledging for the security of the pay- 
ment of interest and in liquidation of the principal, the re- 
venue which may be derived from said building under the 
ordinances which may be passed by said city concerning 
said city hall and market house : Provided, that the amount 
of said bond shall at no time exceed in the aggregate the 
sum of twenty-five thousand dollars, nor bear a greater 
rate of interest than eight per cent, per annum: ^7id pro- 
vided further, that such bonds shall in no case be issued 
except to pay for materials, improvements made, or labor 
expended upon said public building, under a contract made 
with said city of Alton. 

§ 3. That the common council of the city of Alton be Tax. 
and they are hereby empowered and authorized to assess 
annually, upon the real estate and personal property with- 
[in said city, a special tax, not exceeding one-half of one 
per cent., which tax shall constitute a fund exclusively for 
the payment of interest due, or about to become due, upon 
city bonds issued for railroad stock and for other purposes: 
Provided, that the common council of said city shall, an- 
nually, by ordinance or resolution of said board, after the 
assessment of the current year shall have been made and 
returned to the common council, determine what amount 
will be required accruing interest on bonds, or in liquida- 
tion of city bonds falling due within the fiscal year next 
14 



1854. 



210 



Proviso. 



Marshal. 



ensuing, and proceed to levy a per cent, sufficient to raise 
the required sum; provided it shall not exceed one-half of 
one per cent, per annum ; said tax to be added to and col- 
lected as other taxes on real and personal property are 
collected in the city of Alton. 

§ 4. The common council of the city of Alton may and 
they are hereby authorized to issue the bonds of the city 
of Alton, in any sum not exceeding one hundred thousand 
dollars, for the purpose of improving streets, roads and 
bridges within the corporate limits of said city : Provided^ 
said bonds shall not bear a greater rate of interest than 
eiglit per cent., nor be issued except in payment for work 
done, labor expended, or materials furnished, under a con- 
tract with the city of Alton : Provided further, that this 
section is not to take effect or become a law until the le- 
gal voters of said city, authorized to vote for city officers, 
shall have accepted said section, by a vote of the majority 
of the legal voters who shall vote upon the question, when 
submitted to them by ordinance of the common council, 
either at the annual election for city officers or at a special 
election ordered by the common council for that purpose ; 
and in case the aforesaid section is approved by the major- 
ity of the voters voting upon the said proposition, the com- 
mon council may proceed to issue said bonds, from time to 
time, in accordance with the requirements of this act, but 
not otherwise. 

§ 5. Tliere shall be elected, annually, by the people of 
the city of Alton, one city marshal, whose duty shall be de- 
fined by the common council of said city, and that so much 
of the third section of the original charter of the city of 
Alton as authorizes the election of a city constable, be and 
the same is hereby repealed ; and all lav/s or parts of laws 
which authorize the common council of said city to elect a 
city marshal are hereby repealed. 
Approved Feb. 28, 1854. 



la force Feb. 28, 
lSo4. 

Commissioners. 



AN ACT to locate certain state roads therein named. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlssemhlu, That Jo- 
seph Carr, of Vermilion count}-, Jeremiah Hoel and Joseph 
Thomas, of Iroquois county, are hereby appointed to lo- 
cate a state road as follows : commencing at the south end 
of the bridge across the Iroquois river, at the crossing of the 
Vincennes and Chicago state road, in the county of Iroquois, 
and running thence south along the range line between 



211 1854. 

range eleven and twelve west, to Myers' mill, on the Ver- 
milion river, in Vermilion county ; also, to locate a state 
road commencing at or near a point on the road leadinor 
from Myers' mill, in Vermilion county, and state of Illinois, 
to Covington, in Fountain county, and state of Indiana, 
two miles due west from the range line between range ten 
and eleven west, running due north along section line to 
the southwest corner of section eleven west ; thence north- 
east, so as to intersect the Chicago and Lafayette state 
road at the most eligible point in section two, in town and 
range aforesaid ; and the same commissioners, or a major- 
ity of them, shall locate a road commencing at a point near 
Texas, on the north side of the Iroquois river, and thence 
running east, on the most eligible route, to Concord, in the 
county of Iroquois, and state of Illinois. 

§ 2. And the said commissioners, or a majority of them, Tafee oath, 
shall meet at Myers' mill, in the county of Vermilion, on 
the first day of April next, or as soon thereafter as conve- 
nient, and after being duly sworn before some judge or 
justice of the peace of the state, to faithfully and impartial- 
ly perform their duties as required by this act, they shall 
enter upon the discharge of their respective duties assign- 
ed them, and shall commence at any point they may agree 
upon on said road, and said road shall be located along 
said range and section lines, or as near them as the route 
is eligible for a road. 

§ 3. Said commissioners shall designate said road byp;ats. 
blazes on trees through timber, and by setting up stakes 
on the prairie land ; shall make out plats of said road, 
which plats, when so made, shall be certified to by said 
commissioners, and a copy thereof be filed in the office of 
the clerks of the county courts in the county of Vermilion 
and Iroquois ; and the county court of Iroquois, and the 
board of supervisors of the county of Vermilion shall cause 
so much of said roads as lie within their respective coun- 
ties to be opened sixty feet wide, and kept in repair as 
other public highways are. 

§ 4. The said commissioners shall make out and pre« compensation. 
sent to the county courts of Iroqiiois county, and the board 
of supervisors of Vermilion county, a certified copy of the 
time and number of hands necessarily employed in each 
county, and thereupon it shall be the duty of said court 
and board of supervisors to make compensation for the 
sums severally due, allowing to each commissioner the 
sum of one dollar and fifty cents, and to each hand one 
dollar, and to the surveyor two dollars per day, for every 
day necessarily employed in locating said road through 
their respective counties. 

Approved Feb, 28, 1854. 



1854. 



212 



In force Feb. 28, AN ACT to confirm the relocation of a portion of the Northern Cross Rail- 
1864. road. 



Preamble. — Whereas the board of directors of the North- 
ern Cross Railroad Company, in selecting a route for 
the construction of the Northern Cross Railroad from 
Quincy to Meredosia, by various resolutions passed du- 
ring the years 1851 and 1852, resolved that that portion 
of the said railroad extending from the Mississippi river 
to a point near Mount Sterling, in Brown county, be lo- 
cated and constructed on a line and route in the said 
resolutions mentioned ; and whereas the board of direc- 
tors of said company, in order to secure a shorter, more 
practicable and beneficial route, did, on the 26th day of 
December, A. D. 1853, by their resolutions of that date, 
relocate a portion of their said railroad extending from 
the Mississippi river, and uniting with the said road pre- 
viously located, at a distance of about seven miles from 
said river, on the line and route in the said resolution 
mentioned, and are now engaged in the construction of 
that portion of said road as relocated; now, therefore — 
Section 1. £e it enacted by the j)eople of the state of 
Illinois^ represented in the General Jissemhly, That the 
route and line of that portion of the Northern Cross Rail- 
road as relocated by the board of directors of said compa- 
ny, on the 26th day of December, A. D. 1853, by their 
resolution of that date, be and the same is hereby confirm- 
ed and established as the route and line of that portion of 
said road in said resolution mentioned, in place of the 
route as previously located, and that all the rights, powers 
privileges and immunities conferred upon the said com- 
pany by their charter and subsequent laws, in the lo- 
cation, construction and use of the railroads therein men- 
tioned, shall equally, and to all intent and purposes, apply 
to and be exercised and enjoyed by the said company, in 
the location, construction and use of that portion of the 
said road as relocated as aforesaid. 

§ 2. That this act shall take effect and be in force from 
and after its passage. 

Approved Feb. 28th, 1854. 



213 , 1854. 

AN ACT to extend and amend the ferry charter granted to Harley Ives, in forco Feo. 28. 
February 13th, 1847. 1654. 

Section 1. Be it enacted hy the jieople of the state of 
Illinois, represented in the General Assembly, That T. 
P. Willets, of the town of New Boston, in the county of^erry. 
Mercer, the successor of Harley Ives, to whom was grant- 
ed a charter to keep a ferry across the Mississippi, at the 
said town of New Boston, on the thirteenth of February, 
A. D. one thousand eight hundred and forty-seven, be . 
and he is hereby authorized to continue said ferry as said 
successor to said Ives, for the term of ten years from the 
passage of this act. 

5 2. The said Willett shall in all things be required to^'erform accord- 

c X J -J T ' j-l, i. i.- iag to requisi- 

periorm, act and pay, as said Ives was in the act granting tions of former 
said ferry charter to said Ives. charter. 

§ 3. No ferry shall be established within five miles 
above or five miles below said ferry hereby extended du- 
ring the above time. 

§ 4. The fourth section of the charter to which this 
is an amendment shall be considered the fourth section of 
this amendatory act. 

§ 5. This act shall take efiect and be in force from and 
after its passage. 

Approved Feb. 28, 1854. 



AN ACT relating to certain highways therein named. In force March 4, 

Section 1. Be it enacted hy the people of the state of 
Illinois, rep) resented in the General Assembly, Th.d,i so much 
of the Northern Cross Railroad as lies between the city 
of Quincy and the south line of the southeast quarter ofMake public road. 
section twenty-one, in township one north, of range eight 
west, in the county of Adams, and state of Illinois, be and 
the same is hereby appropriated to the purpose of a travel- 
led way, until the same is wanted for railroad purposes. 

§ 2. When any state road, in Adams county, shall have xot tobechang- 
heretofore been laid out and established, and the location 
and establishment thereof has been twice decided upon 
by persons appointed by law, the same shall not thereafter 
be altered or changed, except by authority of the legis- 
lature. 

§ 3. That a state road corresponding in width with R<»«i established. 
Fifth street, in the city of Quincy, in the county of Adams, 
is hereby declared opened and established from the south 
end or termination of said Fifth street, running thence south 



1854. 214 

until it intersects the road leading from S. & W. B. Thay- 
er's distillery, in an easterly direction, up the branch or 
creek on which said distillery is erected. Said road shall 
be worked and kept in repair as other state roads, and 
should any damage be claimed by any person or persons 
by reason of the location of said road, the same sliall be 
assessed and paid in the manner now provided by law. 

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

Approved March 4th, 1854. 



Borrow money. 



Ineorce Feb. 28, AN ACT to authorize the countj^ court of Hardin county to borrow money 
l^S"*' and levy and collect a special tax to build a court house. 

Section 1. Be it enacted hy the jjeojole of the state of 
Illinois, represented in the General Assembly, That the 
county court of Hardin county are hereby authorized and 
empowered to borrow any sum of money, not exceeding 
ten thousand dollars, at any rate of interest not exceeding 
ten per cent, per annum, to be agreed upon, for the pur- 
pose of erecting a court house at the county seat of said 
county. 

§ 2. The said county are hereby authorized and em- 
powered to issue bonds or other obligations for the pay- 
ment of the money so borrowed, under the seal of the 
county court of said county, signed by the judge thereof, 
and countersigned by the clerk : Provided, that the time 
for which said money shall be borrowed shall not exceed 
fifteen years, and the payment thereof shall be so arranged 
that not more than the interest and one thousand dollars 
of the principal shall become payable in any one jear. 

§ 3. The said county court, for the purpose of paying 
the interest on such loan, and the principal as the same 
shall become due, are hereby authorized to levy and col- 
lect a special tax upon the property in said county, to be 
denominated the court house tax, which shall be faithfully 
applied to the extinguishmeiit of the debt created for the 
above purpose and none other. This act to take effect 
and be in force from and after its passage. 

Approved February 28, 1854. 



215 1854. 

AN ACT to amend the charter of the Union Railroad Company. In f. roe March 3, 

Section 1. Beit enacted hy the peojjle of the state oj Il- 
linois ^ represented in tfie General »/tt.ssembl7/, That it shall 
be competent for the said company to unite with any rail- 
road company, either within or without this state, and con- 
solidate therewith its stock, or to lease its road and fran- 
chises to any company with which it may be connected in 
business and operating arrangements, or such company 
may become the owner of its stock by purchase of its 
stockholders, and in either case the directors of the com- 
pany with which it may become consolidated, or into whose 
control it may pass by either of said modes, shall become 
the directors of the said Union Railroad Company, and 
have the full control and management of the same, and 
have and enjoy all the rights and privileges now belonging 
to said company. 

Approved March 3rd, 1854. 



AN ACT to amend ''an act to incorporate the Jonesboro' and Mississippi in force March i, 
Railroad Company," approved 3d March, 1837. ^^^" 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
Jonesboro and Mississippi Railroad Company may locate 
and construct their railroad to Willard's Landing, on the 
Mississippi river, on the most convenient route from Jones- 
boro. 

§ 2. That said company shall commence their said^ime for con- 
road within tvv^o years from the passage of this act, and 
complete the same from Jonesboro to the Mississippi river, 
within five years from the passage of this act. 

§ 3. That the surviving corporators in said act of in- surviving corpo- 
corporation, or a majority of such survivors, shall in all 
things pertaining to the original corporators' act, as fully 
as if the original incorporators named in said bill were 
living and acting under their said charter. 

§ 4. For the purpose of raising money from time to 
time, for the construction and completion of said road, 
and the purchase of iron and other materials to be used 
thereon, said company may issue its bonds in sums not less Bonds, 
than five hundred nor more than one thousand dollars each, 
at any rate of interest not to exceed seven per cent, per 
annum; the principal of said bonds payable in the year 
one thousand eight hundred and seventy-four. To secure 



1854. 216 



the payment of said bonds, and the interest thereon, the 
holders thereof shall hold a prior lien on the said road. 

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

Approved March 1st, 1854. 



m force Feb, 28, AN ACT to amend the charter of the town of Carthage, incorporated by 
^^^' general law, approved March 3d, 1845. 

Section 1. Be ii enacted by the people of the state uf 
Illinois, represented in the General Assembly, That the 
charter of the town of Carthage, in the county of Han- 
cock, created by virtue of chapter twenty-five of the Re- 
vised Statutes, be and the same is hereby so amended that 
if the officers or trustees of the said town, or either or 
any of them, shall hereafter neglect or refuse to perform 
all the duties required of them by the act aforesaid, such 
officers or trustees shall, for the first offence, forfeit and 
pay the sum of twenty-five dollars, to be recovered before 
any justice of the peace of said county, one-half for the 
use of said town, and the other half for the benefit of the 
person making the complaint; and for the second offence, 
his or their said office shall thereby become vacant, and 
such vacancy shall be filled by election, as in other cases. 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved Feb. 28th, 1854. 



In force March 1, AN ACT to review and relocate that part of a state road running from 
1854. Danville, in Vermilion county, to Ottawa, in La Salle county, which lies 

between Pontiac, in Livingston county, and Ottawa, in La Salle county. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That M. 
D. Colkins, Benjamin Craig and Daniel F. Hitt, be and the 
same are^ hereby appointed commissioners to review and 
relocate that portion of the state road which runs from 
Danville, in Vermilion county, to Ottawa, in La Salle 
county, which lies between Pontiac, in Livingston county, 
and Ottawa. 

§ 2. Said commissioners, or a majority of them, shall 
meet at Ottawa on the first Monday in April, or as soon 
thereafter as convenient, and after being duly sworn be- 



Coramissiouers. 



Tate oath. 



217 1854. 

fore some justice of the peace, faithfully to discharge the 
duties required of them by this act, shall proceed to re- 
view and relocate said road, running the same as far as 
practicable upon the lines of legal subdivisions, having 
due regard to the public good, and as soon thereafter as 
practicable shall cause to be made a map of the survey 
of said road certified by them, and forward a copy thereof 
to the clerks of the county commissioners' courts of La 
Salle and Livingston counties; which said clerks shall file 
in their ofiices respectively, and the said road thus relo- 
cated shall be and is hereby declared a public state road, 
and shall be opened and laid out in the same manner as 
other public roads are. 

§ 3. Said commissioners shall be allowed the sum of^ay. 
two dollars per day, while actually engaged in reviewing 
and relocating said road, and there shall be allowed the like 
sum to be paid to a surveyor to be employed by said com- 
missioners. 

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

Approved March 1st, 1854. . 



AN ACT amendatory of an act entitled « an act to reduce the law incor- Inforw^et). 28, 
porating the city of Chicago, and the several acts amendatory thereof, 
into one act, and to amend the same,-- approved February 14, 1851. 

Section 1. Be it enacted hy the people of the state of 
Illinois^ represented in the General t^ssemhly. That the Extension, 
corporate limits and jurisdiction of the city of Chicago 
shall be and the same are hereby extended to Lake Mi- 
chigan, and shall include so much of the waters and bed 
of said lake as lie within one mile of the shore thereof, 
and east of the present boundaries of the city. 

§ 2. That whenever at any general or especial elec- 
tion there shall be more than one vacancy in the office of 
alderman, to be filled at each election in any ward, the 
candidate having the highest number of votes for such 
office shall be declared elected for the longest term, and ^«™s °' <'ffl"' 
the candidate having the next highest number for the short- 
est, and in case any two or more candidates shall have an 
equal number of votes for such office, the election, as also 
the terms of service to which the successful candidate 
shall be respectively entitled, shall be determined by the 
casting of lots in the presence of the council : Provided, 
the common council may, in its discretion, direct the clerk, 
in its presence, to cast lots for the purposes aforesaid ; as 



1854. 



218 



Water commis- 
Hioners. 



Marshal . 



Borrow moaey. 



Imprlsenment o£ 
criminals. 



Superintendent 
ot special as 
sessments. 



also, in any case where two or more candidates for any 
other elective office shall have an equal number of votes 
for the same oliice. 

§ 3. That the vacancy occurring by operation of law, 
in the board of water commissioners, on the first Tuesday 
of April next, shall be filled by a qualified voter of the 
west division; the vacancy in like manner occurring 
therein in April, 1855, shall be filled by a qualified voter 
of the north division, and the vacancy in like manner oc- 
curring therein in April, 1856, shall be filled by a qualified 
voter of the south division. The said commissioners shall 
be elected by the general vote of the city, and the respec- 
tive successors of the persons so elected shall thenceforth 
be elected or appointed from the divisions respectively 
represented by them : Provided.^ no person shall be eligi- 
ble to such office who has not been a resident of the divi- 
sion in which such vacancy shall occur, for at least one 
year prior to the election or apportionment, and a removal 
from the division by any member of said board for which 
he was elected shall be deemed a resignation of his office* 

§ 4. Every fireman who shall have faithfully served as 
such in the said city for the term of seven years, shall be 
entitled to the exemptions of the act to which this is 
amendatory. 

§ 5. That the city marshal shall be elected at the next 
election for the term of two years, and biennially thereaf- 
ter, and shall be ineligible to the same office for the terra 
next succeeding the term for which he was elected. 

§ 6. That the common council shall have power to bor- 
row, upon the faith of the city, one hundred thousand dol- 
lars, for the use of the water works, if the council shall 
hereafter deem such loan advisable : Provided^ two-thirds 
of all the aldermen elected shall concur therein. 

§ 7. That it shall be lawful for the recorder's court to 
sentence criminals convicted of offences committed in the 
city of Chicago, punishable by imprisonment in the coun- 
ty jail, to imprisonment in the city bridewell, to be there 
kept at labor. 

§ 8. The common council may, whenever it shall deem 
it expedient so to do, elect a superintendent of special as- 
sessments, whose duty it shall be, when required, to act 
as one of the commissioners of special assessments, ia 
any case where commissioners of special assessments are 
required to be selected or chosen by the council, and in 
no such case shall it be necessary to choose more than 
two other commissioners of special assessments, and the 
council may, in their discretion, appoint the said superin- 
tendent to act alone in making such assessments; in which 
case he shall be governed by the law in making such as- 
sessments, so far as the same may be applicable. 



219 1854. 

j 9. Such superintendent shall have the general man- 
gement of all special assessments and enforcement there- 
if, subject to the control of the council; and shall, when 
ippointed, hold his office until the council shall elect an- 
ither person in his place, or declare the office vacant- 

§ 10. That the city council shall have power to pur- Houseof refuge, 
hase and improve suitable grounds for a house of re- 
uge and correction, to erect buildings thereon and adopt 
uch rules and regulations for the government and the 
punishment of juvenile offenders therein, as they may from 
irae to time deem expedient and just. 

§ 11. That the common council shall have power toTunnei under 
mthorize the building of a tunnel or tunnels under the "^^sorvr. 
Chicago river and branches, and allow toll to be charged 
Dn the same, and to fix the rate thereof. 

§ 12. That the common council shall have power to salary oj record- 
pay to the recorder of the city of Chicago such compen- 
jation from time to time as said council may deem proper, 
in addition to the salary now prescribed by law. 

§ 13. Any person owning or interested as proprietor Encroacmaents 
in any real estate in said city, whose interests or property property.^ 
shall be injuriously affected by any encroachment upon or 
occupying, or use of the public grounds, waters, streets, 
alleys or other public property of said city, or situate 
therein for private use or for the use of any corpration, 
or individual or individuals, without authority of law, shall 
have the right to apply to the courts by petition, for the 
protection of his or her rights, and upon such application, 
or the hearing of such petition, the courts shall grant him 
or her such relief, by injunction or otherwise, as may be 
necessary to protect him or her from such injury : Provi- 
ded, that nothing herein contained shall affect or apply to 
the settlement or adjustment, or acts authorized under 
the following acts, to wit : " an act to adjust and settle the 
title to the wharfing privileges in Chicago, and for other 
purposes," approved February 27th, 1847, and "an act to 
I amend an act entitled ' an act to adjust and settle the title 
to the wharfing privileges in Chicago, and for other pur- 
poses,' approved February 27th, 1847, and ' in relation 
to wharves and docks in said city,' " approved February 
11th, 1853, but all such acts are hereby ratified and con- 
firmed. 

§ 14. The city shall cause a map or maps of the wharf- Maps. 
ing lots in the original town of Chicago to be made and 
certified by the city surveyor, and acknowledged by the 
mayor, and recorded in the recorder's office of Cook 
county. And the premises contained therein may be here- 
after known and described in all conveyances or other pa- 
pers by the number of the wharfing lots as laid down on 
such map or maps. The map of the wharfing lots in the 



1854. 



220 



Lumber yard. 



Special tax. 



south side of Chicago river, heretofore caused to be re ^^ 
corded by the mayor in the recorder's office of Cooif! 
county, shall be taken to be made and recorded in con- 
formity with this section, and shall have the same effect at 
if made or recorded subsequently to the passage of this 
act. 

§ 15. To regulate and prohibit the keeping of anj ' 
lumber yard, and the placing, piling or selling lumber' 
timber, wood or other combustible material within the firt 
limits of said city. ' 

§ 16. That hereafter the said city of Chicago may an- 
nually levy and collect a tax, not exceeding one mill on the 
dollar per annum, on the real and personal estate, to mee1' 
the interest accruing on the bonded debt of the city, and 
that section 2 of art. 1, chapter V, of the act to which this,, 
is amendatory, be and the same is hereby repealed. , 

§ 17. Whenever the expenditures in any division oj 
the city shall have exceeded the amount to which it 
entitled, in proportion to the annual revenue for genen 
purposes derived from each division, that the commo 
council shall have power to collect such excess of expen 
itures by special pro rata assessment on the divisio 
based upon the valuation of real and personal estate ag 
contained in the last annual assessment roll, and may im-^ 
mediately issue a warrant for the same, and enforce the 
collection thereof, in the manner heretofore prescribed for 
the collection of the annual revenue. 

§ 18. This act shall take eftect from and after its pas- 
sage. 

Approved Feb. 28th, 1854. 



In force March 1, AN ACT to locate a state road from Waverly, in Morgan county, to Ma- 
J854. coupin Point, in Montgomery county. 



Commlsslaners. 



Oath. 



Section 1. Be it enacted by the people of the state qf 
Illinois, represented in the General Assembly, That Ma- 
son F. Woods, of the county of Morgan, Jesse Smith, of 
the county of Sangamon, and Harvey Henderson, of thei 
county of Macoupin, be and they are hereby appointed 
commissioners to view, locate, and mark a state road fromi 
Waverly, in the county of Morgan, to Virden, in the coun- 
ty of Macoupin, thence to Macoupin Point, in the county 
of Montgomery. 

§ 2. Said commissioners, or a majority of thew, shall 
meet at Waverly on the first Monday of April next, or so 
soon thereafter as may be practicable, and shall take an 



221 1864. 

ith before some justice of the peace of Morgan or Ma- 
jupin counties, that they will fairly and impartially per- 
rm the duties enjoined on them by this act, and shall 
■en proceed to view and locate said road, from and to the 
:)ints named above, on the nearest and most eligible route, 

iiving due regard to private property, and shall designate 
.8 location of said road by stakes. 
§ 3. Said commissioners, or the majority of them, are surveyor, &c. 

Lthorized to employ one surveyor, two chainmen, one 

hgman, and one wagon and team. 

^ § 4. The commissioners shall cause said route to beuepon. 

Irveyed, and shall, at the June terra next of county courts, 

ji,ake a report of the location aforesaid, together with a 

fat of the surveys made out and signed by the surveyor; 

iCopy of which report, signed and certified by them, shall 
presented to the county court of each county through 
lich said road shall pass, at or before the next June 
rm thereof. 

§ 5. Upon the filing of said several reports, it shall be opening of road. 
e duty of the respective county courts to order the said 
ad to be opened to the width of sixty feet, and afterwards 
pt in repair as other public roads are required to be 
ipt. 

§ 6. The damages that may accrue from the opening Damages, 
said road shall be assessed in the same manner, and by 
e same rules, and shall be paid as damages arising in 
milar cases, under the general road law of this state. 
§ 7. The commissioners shall attach to their report a oertmcate. 
jrtificate of the length of time each person employed 
as necessarily engaged in his duties in each of the seve- 
1 counties, and the expenses of the location of the road 
all be borne and paid by the counties according to the 
ngth of time they were employed in such county. 
§ 8. The commissioners shall be allowed each one dol-pay. 
r and fifty cents per day, the surveyor two dollars per 
ly, and the chainman and flagman each one dollar per 
iy, and for the wagon and team so much as the same are i 
jasonably worth. 
Approved March 1st, 1854. 



N ACT to amend the school law of this state, and relating to trnioniQ force March I, 
" school district, in the county of Adams. ,1864. 

Section 1. Be it enacted by the people of the state of 
llinois, represented in the Geiieral Assembly, That the 
irectors of Union school district, in the county of Adams, 



1854. 222 

created by an act of the legislature of this state, approver 
Feb. 8th, 1853, shall have power to appoint a suitable per 

Treasurer. son to act as treasurer for said district, and upon said ap. 
pointment being made they shall require of said treasure 
to give bond conditioned for the faithful discharge of hi 
duties; which bond shall be given to them for the use o 
the inhabitants of said district, and in such sum as the; 
may^designate; and said bond when executed shall be heL 
by them for the use of the inhabitants of said district, anij 
upon the same being infringed or violated, they and thei 
successors in office shall be and are hereby authorized an 
empowered to bring suit thereon in their names, as sue 
directors, for the use of the inhabitants of said district 
aforesaid. 

§ 2. After said treasurer shall have been appointed a 
aforesaid, he shall from time to time, when any townshj 
or other collector of revenue in any tov/nship or town 
ships of said county of Adams, or the county treasurer ( 

School fund. said Adams county, shall have in his hands any school fund 
levied and collected for said school district, to demand th 
same of said township, or county treasurer, and his r( 
ceipt therefor shall be a sufficient voucher to the perso 
or persons from whom he may receive said funds. 

Paying out school § 3. The Said district treasurer shall not pay out sai 
school fund except upon the order of the school directoi 
of said district, who are hereby authorized and empow 
ered to direct the disbursement of the same, and the sai 
directors may make such disposition of the school fun 
of said district as in their opinion the inhabitants of sai 
district may require : Provided, the same is used for scho 
purposes, the erection and furnishing a school house, pu: 
chasing ground v/hereon to erect the same, paying teacl 
ers, and such other purpose as may be connected wit 
schools in said district, any thing in any law to the coi 
trary notwithstanding. 

Beai estate. § 4. Said school dircctors are hereby authorized an 

empowered to purchase and hold real estate for the use ( 
the inhabitants of said district whereon to erect a scho 
house. 

Duties of treasu- § 5. Said district treasurer shall be vested with all tl 
powers and perform all the duties for said Union schoi 
district which are now conferred upon or required of towi 
ship treasurers by law. 

§ 6. Said Union school district, as established by tl 
act of the 8th of Feb., 1853, shall not be in any mann< 
altered or changed by the trustees of schools pi any or 
or more townships, but shall remain fixed and permanen 
§ 7. All the acts and things heretofore done or pe 
formed by the inhabitants of said district in organizir 
the same, and all acts and things done by the school d 



fund. 



rer. 



223 1854. 

rectors of said district, while acting as such, and all as- 
sessments of revenue for said school district, be and the 
same are hereby legalized and confirmed, and tlie wishes Legalized. 
of the inhabitants of said district shall not in any [way] be 
thwarted by any mistake or omission of duty of any of- 
ficer, or by any technical objection to any act or thing 
done in or about the organization of said school district, 
or to carry out the wishes and intentions of its inhabitants 
or the law creating it. 

§ 8. This act to take effect and be in force from and 
after its passage, and to be liberally construed for the 
benefit of the inhabitants of said Union school district, and 
every law and part of law being in conflict herewith the 
same is hereby repealed. 

Approved March 1st, 1854. 



AN ACT to amend the charter of the city of Belleville. Id force. March l, 

1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the Extension. 
city of Belleville shall hereafter extend one mile square, 
and no more: Provided, however, the same may be extend- proviso, 
ed not exceeding two miles square, by a majority of the 
qualified voters for state ofiicers residing within the limits 
of the proposed extension, voting therefor at any regular 
election for mayor of said city. 

§ 2. Previous to such vote being taken, the city coun- xotice. 
cil shall by order propose, and specifically describe, the 
limits of such extension, which order shall be inserted in 
and made a part of the election notice. 

§ 3. In addition to the powers already given to the si^eciai tax. 
city council of said city, to levy and collect taxes, said 
council may levy and collect a special tax on all property 
within said city, not exceeding one-fifth per cent, per an- 
num on the assessed value thereof, to be applied exclu- 
sively to erecting and furnishing common school houses, 
and sustaining common schools within said city, to be as- 
sessed and collected with and in the same manner as other 
city taxes : Provided, that a majority of the legal voters 
of said city, at the next general election for mayor, voting 
on the subject, shall vote in favor of the school tax. 

§ 4. The marshal elected, and all constables residing po,ver of uarsiiai 
in said city, shall have power and are hereby required to 
preserve the peace and good order of said city, to serve 
all process, to make all arrests and returns as are neces- 
sary to carry into effect the jurisdiction herein conferred. 



1854. 



224 



QualiScation 
voters. 



Alderruea. 



§ 5. All city officers in said city shall hereafter be 
elected by the qualified voters thereof. 

§ 6. It shall not be necessary for any person, if other- 
wise qualified, to be a citizen of the United States, to en- 
title him to vote for city officers in said city. 

§ 7. The board of aldermen may consist of any num- 
ber of members, not exceeding two from each ward, as 
may be determined by the city council : Provided.^ that 
each ward shall be entitled to the same number. 

§ 8. At the next general election of alderman, after 
said city council shall determine that each ward shall be 
represented by two members, there shall be elected from 
each ward the number to which it may be entitled, and 
at the first meeting of the city council after said aldermen 
Dividebyiot. shall have been sworn in office, they shall divide them- 
selves, by lot or otherwise, into two classes, one member 
from each ward in each class, and the seats of those in the 
first class shall be vacated at the expiration of one year, 
and those of the second class at the expiration of two 
years, and annually thereafter there shall be elected one 
member from each ward, who shall hold his seat for two 
years, and until his successor is elected and qualified. 

§ 9. Any officer wilfully neglecting to perform his du- 
ty as required by this act, shall be fined not less than ten 
nor more than one hundred dollars. 
ap- § 10. Juries and appeals shall be allowed on the same 
conditions as allowed by the general laws applicable to 
justices of the peace. 

§ 11. Justices of the peace, the marshal and consta- 
bles, shall be allowed the same fees for their services as 
are allowed to justices of the peace and constables, by the 
general laws. iiVi:- 

§ 12. This act to be in force from and after its pas- 
sage. 

Approved March 1st, 1854. 



Fine. 



Juries Eind 
peals. 



Fees. 



la force March Ij 

1864. 



Preamble. 



AN ACT to incorporate the Northwestern Plank Road Company. 

Whereas an act was passed by the legislature of the state 
of Illinois, approved February 12th, 1849, entitled an 
act to construct a plank road from Oswego, in Ken- 
dall county, to the Indiana state line, by way of Joliet, 
in Will county; and whereas the 21st, 22d and 23d sec- 
tions of said act constituted John Gray, Joseph Filkins, 
Thomas Richmond, and their associates, a body politic 
and corporate, under the name and style of the " JVorth- 



225 1854. 

western Plank Road Company ;" and whereas doubts 
exist whether this is in accordance with the constitu- 
tion of this state, inasmuch as the title of the act of 
which this is a part, does not set forth this part of the 
act, nor the title of the company which it authorized 
under the name and style of the Northwestern Plank 
Road Company — therefore. 

Section 1. Be it enacted by the j)eople of the state of 
Illinois, represented in the General Assembly, That John 
Gray, Joseph Filkins, Thomas Richmond, and their asso- 
ciates, to whom was granted by the county commissioners' commissioners. 
court of Cook county a license to construct a plank road 
from the city of Chicago to Oakridge, and from thence to 
Wheeling, and to the north line of said count)', be and 
they are hereby constituted a body corporate and politic, 
under the name and style of the Northwestern Plank Road 
Company, and by that name shall have perpetual succes- 
sion, and the right to sue and be sued, together with all 
other rights and ordinary powers of a corporate body. 

§ 2. That the said Northwestern Plank Road Compa- Privilege^;, 
ny shall have, possess, and enjoy, and be subject to all 
the powers, privileges, rights and duties contained in sec- 
tions four, seven, eight, nine, ten, eleven, twelve, thirteen, 
fourteen, fifteen, sixteen, seventeen, eighteen and nine- 
teen, of the act passed at the session of the general as- 
sembly, approved February 12, 1849, entitled "an act to 
incorporate the Chicago Southwestern Plank Road Com- 
pany," and in addition thereto, shall have the right to take 
and use, for the purpose of constructing said road, any 
road or public highway along the line of the contemplated 
plank road, upon obtaining the order of the county com- 
missioners' court of said county, to be entered of record, 
consenting to the appropriation of such road or highway; 
which said order shall be made by said court upon the 
petition of three-fourths of the owners of the land lying 
along or contiguous to said highway ; which order, when 
obtained in the manner aforesaid, shall vest the right to 
use said highway, for the purposes of said plank road, as 
fully and completely as though said corporation had ob- 
tained the same by grant. 

§ 3. That whereas the corporators heretofore named, Acts legaiizen. 
did organize and proceed to prosecute the construction 
of such road under the powers referred to, all the acts of 
said corporators done in accordance with tlie rights and 
provisions therein contained in good faith, are hereby le- 
galized and made valid, the same as if no defect in the 
title of the original act had existed. 

This act shall take effect from the date of its passage. 
Approved March 1st, 1854. 
15 



1854. 



226 



In force March 1, 
1S51. 



AN ACT to amend the charter of the town of Henry. 

Whereas the citizens of the town of Henry, in the county 
of Marshall, state of Illinois, on the tenth day of Janua- 
ry, A. D. 1852, in pursuance of the act of the general 
assembly in such case made and provided, approved 
March 3d, 1845, became duly incorporated under said 
act; and whereas said town of Henry now contains a 
population of about one thousand five hundred persons, 
and said citizens being desirous to amend their charter, 
so as to extend and secure to themselves further rights 
and privileges as a body corporate — therefore, 

ARTICLE I. 



Body politic. 



Boundary. 



"Wards. 



Section 1. Be it enacted hy the peojjle of the state of 
Illinois, represented in the General idssembly, That the 
inhabitants of the town of Henry, in the county of Mar- 
shall, state of Illinois, be and they are hereby constituted 
a body politic and corporate, by the name and style of 
the " City of Henry," and by that name shall have per- 
petual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

§ 2. All that district of country embraced within the 
following limits, to wit, the entire fractional section number 
sixteen, in township thirteen north, range two, east of the 
fourth principal meridian. 

§ 3. The present board of trustees of the town of 
Henry shall, on the fourth day of April next, divide the 
said city of Henry into two wards, as neaz'ly equal in pop- 
ulation as practicable, particularly describing the bounda- 
ries of each. 

§ 4. Whenever any tract of land adjoining the city of 
Henry, 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 Henry. 

§ 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, 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 purchase, receive and hold property, both 
real and personal, beyond the city, for burial grounds and 
for other public purposes, for the use of the inliabitants of 
said city; to sell, lease and convey, or dispose of property, 
real and personal, for the benefit of the city, and to im- 
prove and protect such property, and to do all other things 
in relation thereto as natural persons. 



227 1854. 

ARTICLE II.— 0/ the CUy Council. 

§ 1. There shall be a cit}' council, to consist of a may- council. 
or and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem-No. of memi.eis. 
hers from each ward, to be chosen by the qualified voters, 
for two years. 

§ 3. No person shall be alderman, unless at the time Eligibility. 
of his election he shall have resided six months within the 
limits of the city, and shall be at the time of his election 
twenty-one years of age, and a citizen of the United 
States. 

§ 4. If any 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 al-Lot. 
dermen 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 the half of the board shall be elect- 
ed 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. 
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 determimH«ie of procecj- 
the rule of its proceedings, punish its members for diso^- *"^^* 
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- Jomnai. 
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. 

§ 10. No alderman shall be appointed to any office un- 
der the authority of the city, which shall have been crea- 
ted, or the emoluments of wiiich shall have been increased, 
during the time for which he shall have been elected. 

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

§ 12. The mayor and each alderman, before entering oath. 
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. 



1854. 



Mayor. 



Vacated. 



§ 13. Whenever there shall be a tie in the election of 
alderman, 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. 

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

ARTICLE III.— 0/ the Chief Executive Officer. 

§ 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 office for four years, and until his 
successor shall be elected and qualified. 

§ 2. No person shall be eligible to the office of mayor 
who shall not have been a resident of the city for one year 
next preceding his election, or who shall be under twenty- 
one years of age, or who shall not at the time of his elec- 
tion be a citizen of the United States. 

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

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

§ 5. Wlienever an election of mayor shall be contested, 
the city council may determine the same as may be pre- 
scribed by ordinance. 

§ 6. Whenever a vacancy shall happen in the office of 
mayor, it shall be filled by election. 

ARTICLE IV.— 0/ Elections. 

§ 1. On the third Monday of April next, an election 
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 third Monday of April of each year, there 
shall be an election held for one alderman for each ward, 
and every fourth year for one mayor for the city. The first 
election for mayor and aldermen shall be held, conducted, 
and returns thereof made, as may be prescribed by ordi- 
nance of the present trustees of the town of Henry. 

§ 2. All free white male inhabitants, over the age of 
twenty-one years, who are entitled to vote for state offi- 
cers, and who shall have been actual residents of said city 
ninety days next preceding said election, shall be entitled 
to a vote for city officers: Provided, that said voters shall 
give their votes for mayor and aldermen in the wards in 



229 1864. 

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 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.—OJ the Legislative Powers of the City 

Council. 

§ 1. The city council shall have power and authority Tax. 
to levy and collect taxes upon all property, real and per- 
sonal, within the limits of the city, not exceeding one- 
half 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 appoint a subordinate om- 
clerk, treasurer, assessor, marshal, supervisor of streets, °"'- 
and all such other officers as may be necessary. 

§ 3. The city council shall have power to require of Bonds. 
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 
respective offices, before entering upon the discharge of 
the same; to establish, support and regulate common 
schools; to borrow money on the credit of the city : Pro- 
vided, that no sum or sums of money shall be borrowed at 
a greater interest than eight per cent, per annum, nor shall 
the interest on the aggregate of all the sums borrowed and 
outstanding ever exceed one-half of the city revenue arising 
from taxes assessed on real property within the limits of 
the corporation. 

§ 4. To appropriate money, provide for the payment Appropriate mo- 
of 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 five 
miles of the city. 

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

§ 1. 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 the streets, for the convenience of the in- 
habitants 

§ 9. To open, alter, abolish, widen, extend, establish, 
grade, pave, or otherwise improve and keep in repair, 
streets, avenues, lanes and alleys. 



1854. 230 

§ 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 
regulations 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 regula- 
ting all public 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. 

§ 18. To license, tax and regulate auctioneers, mer- 
chants, retailers, grocers, taverns, ordinaries, hawkers, 
pedlers, brokers, pawnbrokers and money changers; but 
this shall not be construed to give power to license anyone 
to sell or retail spirituous liquors. 

§ 19. To license, tax and regulate hackney carriages, 
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. 

§ 20. To license and regulate porters, and fix the rate 
of porterage. 

§ 21. To license, tax and regulate theatrical and other 
exhibitions, shows and amusements. 

§ 22. To restrain, prohibit and suppress tipphng houses, 
dram shops, gaming houses, and bawdy houses, and other 
disorderly houses, 
fires. § 23. To provide for the prevention and extinguish- 

ment of fires, and to organize and establish fire companies. 

§ 24. To regulate or prohibit the erection of wooden 
buildings in any part of the city. 

§ 25. To regulate the fixing of chimneys, fix the flues 
thereof. 

§ 26. To regulate the storage of gunpowder, tar, pitch, 
rosin, and other combustible materials. 

§ 27. To regulate and order parapet walls, and parti- 
tion fences. 

§ 28. To establish standard weights and measures, 
and regulate the weights and measures to be used in the 
city, in all cases not otherwise provided for by law. 

§ 29. To provide for the inspection and measuring of 
lumber and other building materials, and for the measure- 
ment of all kinds of mechanical work. 



Weights 



231 1854. 

§ 30. To provide for the inspection and weighing of Pay, &c. 
hay, stone coal, the measurement of charcoal, fire wood 
and other fuel to be sold or us-ed within the city. 

§ 31. To provide for and regulate the inspection of Beef, &c. 
beef, pork, flour, meal, butter, lard and other provisions. 

§ 32. To regulate the weight, quality and price of 
bread to be sold and used in the city. 

§ 33. To regulate the size of bricks to be sold or used 
in the city. 

§ 34. To provide for the taking enumerations of the 
inhabitants of the city. 

§ 35. To regulate the election of city officers, and pro- City officers, 
vide for removing from office any person holding an office 
created by ordinance. 

§ 36. To fix the compensation of all city officers, and compeDsation. 
regulate the fees of jurors, witnesses and others, for ser- 
vices rendered under this act or any ordinance. 

§ 37. To regulate the police of the city, to impose Pouce. 
fines and forfeitures, and penalties, for the breach of any 
ordinance, and to provide tor the recovery and appropria- 
tion of such fines and forfeitures, and the enforcement of 
Buch penalties. 

§ 38. The city council shall have exclusive power 
within the city, by ordinance, to suppress and restrain bil- 
liard tables. 

§ 39. The city council shall have power to make all ordinancej. 
ordinances which shall be necessary and proper for car- 
rying 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, nor of this 
state. 

§ 40. The style of the ordinances of the city shall be, style. 
" Be it ordained by (he city council of the city of Henry. '^ 

§ 41. All ordinances passed by the city council shall, Pubiishea. ^ 
within one month after they shall have been passed, be 
published in some newspaper published in the city, and 
shall not be in force until they shall have been published as 
aforesaid. 

§ 42. All ordinances of the city may be proven by the seai. 
seal of the corporation, and when printed or published in 
book or pamphlet form, and purporting to be printed and 
published by authority of the corporation, the same siiall 
be received in evidence in all courts and places without 
further proof. 

§ 43. The city council shall have power to establish Ferries, 
ferries, license and regulate the same on the Illinois river 
opposite said city, for the benefit of the inhabitants and 
the public : Provided, they infringe not upon ferry fran- proviso. 
chise rights already vested. 



1854. 



ARTICLE Yl.—Of the Mayor. 



Duties 



Comraissioner. 



.luristUctlon. 



§ 1. The mayor shall preside at all meetings of the 
city council, and shall have casting vote and no other. In 
case of non-attendance of the mayor, at any meeting, the 
board of aldermen shall appoint one of their own number 
chairman, who shall preside at that meeting. 

§ 2. The mayor, or any two aldermen, may call spe- 
cial meetings of the city council. 

§ 3. The mayor shall at all times be active and vigi- 
lant in enforcing the laws and ordinances for the govern- 
ment of the city ; he shall inspect the conduct of -all sub- 
ordinate officers of said city, and cause negligence and 
positive violation of duty to be prosecuted and punished. 
He shall from time to time communicate to the aldermen 
such information, 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- 
habitant of said city, over the age of eighteen years, to aid 
in the enforcing the laws and ordinances ; and in case of 
riot, to call out the militia to aid him in suppressing the 
same, or in carrying into effect 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 
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 that 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 the said city, and as such shall be 
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 in- 
struments 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 
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 under the laws of the state, and shall receive the 
same fees and compensation for his services 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 within five miles of the boundaries of the city, for 



233 . 1854. 

the purpose of enforcing the health and quarantine ordi- 
nances and regulations thereof. 

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

§ 11. In case the mayor shall at any time be guilty of Penalty. 
a palpable omission of duty, or shall wilfully and corruptly 
be guilty of oppression, raalconduct or partiality, in the 
discharge of the duties of his office, he shall be liable to be 
indicted in the circuit court of Marshall county, and on 
conviction, he shall be fined not more than two hundred 
dollars, and the court shall have power, on the recommen- 
dation of the jury, to add to the judgment of the court 
that he be removed from office. 

ARTICLE Yll.—Of Proceedings in Special Cases. 

§ 1. When it shall be necessary to take private pro- ^f,^„^. «='"p^''**- 
perty for opening, widening or altering any public street, 
lane, avenue or alley, the corporation shall make a just com- 
pensation to the person whose property is so taken, and 
if the amount of such compensation cannot be agreed on, the 
mayor shall cause the same to be ascertained by jury of 
six disinterested freeholders of the city. 

§ 2. When the owners of all the property on a street, streeu. 
lane, avenue or alley proposed to be opened, widened or 
or altered, shall petition therefor, the city council may 
open, widen or alter such street, lane, avenue or alley, 
upon condition to be prescribed by ordinance ; but no 
compensation shall in such cases be made to those whose 
property shall be taken, for the opening, widening or al- 
tering 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. 

§ 3. All jurors empanelled to enquire into the amount •'"f°"' 
of benefits or damages which shall happen to the owner or 
owners of property proposed to be taken for opening, wi- 
dening or altering 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. 

§ 4. In ascertaining the amount of compensation for Manner of m»- 

1 f. '-'. .,. Ij." king verdict. 

property taken tor opening or widenmg, or altermg 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 street, lane, aven- 
ue or alley. 

§ 5. Themayor shall have power, for good cause 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. 



1854. 



234 



§ 6. The city council shall have power by ordinance, 
to levy a special tax on the holders of the lots in any 
street, lane, avenue or alley, or part of any lane, avenue 
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. 



Road labor. 



Offenders. 



Publication. 



Suits, &c. 



Fines, fiic. 



Xot invalidate 



§ 1. The inhabitants of the city of Henry are hereby 
exempted from working on any road beyond the limits of 
the city, and from paying any tax to procure laborers to 
work upon the same. 

§ 2. The city council 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, when 
duly notified by the supervisor, shall forfeit and pay the 
sum of one dollar per day, for each day so neglected or so 
refused. 

§ 3. The city council shall have power to provide for 
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 re- 
covered against them. 

§ 4. The city council shall cause to be published an- 
nually a full and complete statement of all moneys received 
and expended by the corporation during the preceding 
year, and on what account received and expended. 

§ 5. All ordinances and resolutions passed by the pres- 
ident and trustees of the town of Henry, shall remain in 
force until the same shall have been repealed by the city 
council hereby created. 

§ 6. All suits, actions and prosecutions instituted, 
commenced or brought by the corporation hereby created, 
shall be instituted, commenced and prosecuted in the name 
of the city of Henry. 

§ 7. All actions, fines, penalties and forfeitures which 
have accrued to the president and trustees of the town of 
Henry, shall be vested in and prosecuted by the corpora- 
tion hereby created. 

§ 8. All property, real and personal, heretofore belong- 
ing to the president and trustees of the town of Henry, for 
the use of the inhabitants of said town, shall be and the 
same are 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 Henry, nor di- 



235 1854. 

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 Hen- Promulgate. 
ry shall, immediately after the passage of this act, take 
measures to promulgate this law within the limits of tlie 
city of Henry, and issue their proclamation for the elec- 
tion of officers, and cause the same to be published in the 
newspaper in said city, for two weeks in succession, prior 
to the day of election for said officers. 

§ 11. Appeal shall be allowed from decisions in all-^P^^*'* 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof, to the circuit court of 
Marshall 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. 

§ 12. Whenever the 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 
proceed to elect one of their number president, who shall 
be mayor 'pro tern, 

§ 18. This act is hereby declared to be a public act, Pubiicact. 
and may be read in evidence in all courts of law and equi- 
ty within this state, without proof. 

§ 14. All acts or parts of acts coming within the pro- 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 ^*'"*^*'* 
to execute writs or other process issued by the mayor, 
shall have power to execute the same any where within 
the limits of the county of Marshall, and shall be entitled 
to the same fees for travelling as are allowed to constables 
in similar cases. 

§ 16. The president and trustees of the town of Henry Election, 
shall cause an election to be held in said town, on the first 
Monday of April next, at which the inhabitants residing 
within the territory described in the second section of the 
article of this act, 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, said char- 
ter 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. 

Approved March 1, 1854. 



1854. 236 

In force Feb. 28, A.N ACT to amend an act entitled '-'an act to incorporate tlie Randolph, 
^^^^' Couuty Plank Road Company," approved February 11th, 1853. 

Shares tranafera- Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
shares in said company may be transferred by assignment, 
and any subscriber to the capital stock of said company 
shall not be responsible beyond the actual amount of stock 
by him so subscribed ; and said company shall have power 
to sue for and recover, in any court having jurisdiction of 
the same, any sum or sums of money, or instalments there- 
of, which may be subscribed as stock in said road and 
branches, whenever default shall be made by the person or 
persons so subscribing, in the payment of such stock or in- 
stalment thereof. 

Penalty for inju- § 2. If any pcrsou or persons shall wilfully cut down 
^^' or break, deface or injure any mile post on such road or 

branches, or shall wilfully cut or throw down, break or 
injure any gate, fence or appendage erected on said road 
or branches, or wilfully tear up, displace, break or injure, 
in any way or manner, said road or branches, or any thing 
belonging thereto, or being an appendage of the same, or 
for the use or convenience of said road and branches, he 
or they shall respectively and individually forfeit and pay 
to said company three times the amount of the damages ac- 
tually done, and in every instance he, she or they shall 
forfeit and pay at least the sum of twenty dollars. If any 
person, to avoid the payment of the legal tolls chargeable 
on said road and branches, shall turn off of said road and 
branches, and avoid and pass around any gate on said road 
or branches, he, she or they shall forfeit to said company, 
for each and every offence, the sum of ten dollars. If any 
person shall forcibly 'pass any toll-gate on said road or 
branches, without having paid the legal tolls as fixed by the 
directors, without permission of the toll collector, he, she or 
the)' shall forfeit and pay to said company the sum of twenty 
dollars for each offence. All penalties and forfeitures in- 
curred under this act, or under the act to which this is an 
amendment, may be recovered by an action of debt, in any 
court having cognizance thereof, and when the penalty or 
forfeiture does not exceed the sum of one hundred dollars, 
the same may be prosecuted and recovered before any jus- 
tice of the peace of the county where the offender or of- 
fenders may be found, and all suits by and against said 
company shall be brought and prosecuted to judgment in 
and by their said corporate name. 

Borrow money. § 3. The Said Company is hereby authorized and em- 
powered to borrow any sum of money not exceeding thir- 
ty thousand dollars, at anj' rate of interest not exceeding 
ten per centum per annum, and to execute bonds or other 
writings evidencing said indebtedness, and binding upon 



237 1854. 

said company. Said company sliall also have power to 
execute a mortgage upon said road and branches, and its 
profits, tolls and property, real and personal, for the further 
securing the payment of any sum or suras of money which 
may be thus borrowed; which bonds, writings and mort- 
gages shall be properly executed by the president of said 
company, under the authority of the board of directors. 
Said company may, if they deem it preferable, in order to 
effect said loan, issue their bonds to an amount sufficient 
to raise the said sum of not exceeding thirty lliousand dol- 
lars, and to sell and negotiate the same when and where, 
and at such rates and prices, as they may think proper, and 
to provide, in addition, that the bonds or other evidences 
of indebtedness so issued, shall or may be convertible into 
stock of said company ; and the said company sliall have 
the power of conveying or mortgaging tlieir road and 
branches, tolls and profits, to trustees or other persons, for 
the better securing the repayment of any sum or sums of 
money thus borrowed or bonds negotiated. 

§ 4. The provisions of the act to which this is an amend- ^^i^^^^'er). 

ment, requiring the main track of said road from Chester 
to Sparta to be completed before the construction of any 
branches shall be commenced, and the ninth section of said 
act, is hereby repealed. 

§ 5. Said company is hereby authorized to proceed tORightof way. 
obtain the right of way for their said road and branches, 
under the act entitled " an act to amend the jlaw condem- 
ning the right of way for purposes of internal improve- 
ment," passed June 22d, 1852, and to appraise the dama- 
ges occasioned thereby under the provisions of the said 
act. 

Approved February 28, 1854. 



AN ACT to amend an 
mont and Bath Ra 



act entitled "an act to incorporate the Macomb, Yer- l" '"'^^t^''^ 
iilroad Company," approved February 11, 1853. 



Section 1. Be it enacted by the people of the state of change narae. 
Illinois.^ represented in the General Assembly^ That the 
name of the Macomb, Vermont and Bath Railroad Compa- 
ny be changed, and that hereafter said company be known 
and called by the name and style of "The Peoria and Han- 
nibal Railroad Company," and that said company be au- 
thorized and empowered to survey, locate, construct and 
fully complete and operate an extension of their said rail- 
road from the town of Vermont, in the county of Fulton, 
by the way of Lewiston and Canton, in said county, to the 
terminus of the Peoria and Bureau Valley Railroad, at or 
in the city of Peoria, and from the town of Vermont afore- 



1854. 



238 



Right of way. 



Capital stock. 



Commissioners. 



said, by the way of Rushville, in Schuyler county, and Mt. 
Sterling, in Brown county, to a point on the Mississippi 
river, as nearly as practicable, opposite the city of Hanni- 
bal, in the state of Missouri ; and for the purpose of con- 
structing their said extension of railroad, said company is 
authorized, and, under their direction, their agents and 
workmen are authorized, to enter upon the lands of any 
and all persons where it may be necessary to make sur- 
veys and estimates to locate, construct and operate their said 
extension of railroad through the whole route hereinbefore 
specified, and to establish said extended road not exceed- 
ing one hundred feet in width, with one or more sets of 
tracks through the entire line of said road, and may take 
and appropriate as much more land, timber, stone, earth 
and sand as may be necessary for constructing said road, 
and for the purpose of constructing shops, depots, machine 
houses, and other fixtures necessary in fully operating said 
road ; said company making compensation for any dama- 
ges arising thereby to the owner or owners of lands as here- 
inafter specified. 

§ 2. The capital stock of said company shall be in- 
creased to three millions of dollars, and may be increased, 
by a vote of the majority of the stockholders, to a sum not 
exceeding five millions of dollars, and said stock shall be 
divided into shares of one hundred dollars each, which 
shall be deemed personal property, and shall be issued, 
transferred and registered as such according to the by- 
laws of the company ; and in all meetings of the stockhold- 
ers each share shall be entitled to one vote, either in per- 
son or by proxy. 

§ 3. The following named persons, Amos C. Babcock, 
Lewis W. Ross, Lewis D. Irwin, William K. Johnson, Isaac 
Underbill, William S. Moss and J. B. Moore are appointed 
commissioners, who, or a majority of whom, may call a 
meeting of said commissioners, for the purpose of opening 
books of subscription to the capital stock of said compa- 
ny, and shall give ten days' notice of said meeting by pub- 
lication in some newspaper in each of the counties of Peo- 
ria, Fulton, Schuyler and Brown. Said commissioners shall 
keep such subscription books open until the sum of one hun- 
dred thousand dollars is subscribed, and as much longer as 
they shall deem proper. Said commissioners shall require 
five per cent, to be paid on such subscriptions, by the subscri- 
bers thereof, at the time of subscribing, and as soon as prac- 
ticable thereafter, said commissioners shall call a meeting 
of the stockholders, by giving the same notice as is required 
in this section for the opening of books for subscription, 
for the purpose of electing five directors, which may there- 
after be increased to a number not exceeding thirteen, by 
a vote of the majority of the stockholders, who shall hold 



' 239 1854. 

their offices for one year, and until their successors are 
elected; and such election shall be conducted and canvas- 
sed by said commi^jsioners, or a majority thereof, and they 
shall immediately deliver to the directors elected the sub- 
scription books and all moneys received by them, when the 
duties of such commissioners shall cease. 

§ 4. When it shall be necessary for said company to Lands of fcme^ 
use any lands in locating, constructing and operating their '^°^^^'- 
said extension of railroad, and the owner or owners there- 
of cannot agree witii said company upon the price to be 
paid as a compensation for the damage caused, or to be 
caused thereby, or when such lands belong to/iswe.? covert, 
infants, persons non compos w^e?^/^5, or persons not residing 
in this state, then the compensation to be paid for such 
damages, if any, shall be determined and paid, and the 
right to use so much of said lands as may be necessary 
shall be fixed and secured in the manner provided in an 
act entitled "an act to amend the law condemning: rigfht of 
way for purposes of internal improvement," approved June 
22, 1852, and in no other manner, the provisions of the act 
to which this is an amendment to the contrary notwith- 
standing. 

§ 5. Said company shall not be required to construct 
the line of their road from the town of Macomb to the town 
of Bath, and the work on said extended railroad shall be 
commenced within five years, and completed within eight 
years after the passage of this act; and this act shall be in 
force from and after its passage. 

§ 6. Sections two, three, four, five, six, and such other Repealed. 
parts of the act entitled " an act to incorporate the Ma- 
comb, Vermont and Bath Railroad Company," approved 
February 11th, 1853, as are inconsistent with the provi- 
sions of this act, are hereby repealed. 

Approved Feb. 24, 1854. 



AN ACT to amend an act establishing county courts, approved February inforceFeb. 
12th, 1849, and extending the jurisdiction of the La Salle, Winnebago, 1864. 

Boone and McHenry county courts. 

Section 1. Be it enacted by the people of the state q/ Jurisdiction. 
Illinois, represented in the General Jlssemhly, That in ad- 
dition to the powers heretofore conferred upon the county 
courts of this state, tiie county courts of La Salle, Winne- 
bago, Boone and McHenry counties shall have jurisdiction 
in all civil cases, suits and actions and proceedings, when 
the amount due and claimed, or the value of property shall 



1854. 



240 



not exceed the sum of one thousand dollars; and the judge 
of said courts shall have the same powers in vacation are as 
vested in the judges of the circuit courts in this state- 
writs, &c. § 2. The writs and process of said county courts shall 
be issued and executed in the same manner as the writs 
and process of the circuit courts of this state, and the rules, 
proceedings and practice, not herein otherwise provided for, 
shall conform, as near as may be, to the rules proceedings and 
practice of the said circuit courts, and all fines, orders, 
judgments and decrees of said county courts shall be and 
remain a lien upon the lands, tenements and real estate of 
the person against whom the same may be obtained, for 
the period of seven years from the last day of the term in 
which the same shall be entered; but'no final order, judgment 
or decree shall be entered in vacation, except judgments by 
confession, which may be entered at any time, upon filing 
the proper papers with the clerk of said courts, and shall 
have the same force and effect, from the time of entry, as 
if entered in term time. 
'^^''™^' § 3. There shall be four terms of said county courts 
held in said counties in each year, for the transaction of 
business, the jurisdiction whereof has been, hereby is, or 
may be conferred by the general assembly upon said courts, 
and not otherwise provided for, which shall be called and 
known as the March, June, September and December 
terms, and shall commence on the first Mondays of said 
months, and may continue open two weeks, if the business 
is not sooner disposed of. If the judge of said courts shall 
not attend before four o'clock in the afternoon of the day 
when said courts should be held, the sheriff or clerk shall 
adjourn said courts till the next day ; and if said judge shall 
not attend before six o'clock of the second day, the sheriff 
or clerk shall adjourn the courts v/ithout day. 
Appeals. ^ 4. Appeals and proceedings in the nature of appeals, 
and writs oi certiorari^ taken and prosecuted from the de- 
• cision and judgments of justices of the peace and other in- 
ferior tribunals in said counties, shall be taken to and pros- 
ecuted out of said county courts, except when a terra of 
the circuit court of said counties shall intervene between 
the time of rendering judgment or making decision and the 
next term of said county court, in which case appeal may 
be taken to or writ sued out of either the circuit or coun- 
ty courts. 
Writ of error, &c § 5. Appeals and writs of error from the orders, judg- 
ments and decrees of said county courts to the supreme 
court shall be had and taken in the same cases, and prose- 
cuted and conducted in the same manner as is or may be 
provided by the laws of this state for taking appeals and 
writs of error from the circuit court. 



241 1854. 

§ 6. Traverse juries for the March and September terms Junes. 
of said courts shall be selected or ordered to be summoned, 
or returned in the same manner they are or may be se- 
lected and summoned or ordered returned for the circuit 
court in said counties ; they shall be entitled to and paid 
the same fees, in like manner, and possess the same quali- 
fications, and be liable to the same penalties and punish- 
ments ; they shall have the same benefit of the same ex- 
cuses and exemption ; shall take the same oaths and pos- 
sess the same powers, and be governed in all their pro- 
ceedings in the same manner as is or may be prescribed, 
allowed and imposed in the case of jurors in the circuit 
court; and the judge of said courts may, if he deem it ne- 
cessary for the transaction of business, require a jury to 
be summoned and returned for the trying of all issues and 
matters at the June or December terms of said courts, and 
direct the issuing of process therefor ; and said jurors shall 
be entitled to and subject to all the provisions in this sec- 
tion contained. 

§ 7. Tiie clerk, sheriff and other officers of said courts, fefs. 
and witnesses, shall receive the several fees and compen- 
sation that now are or hereafter may be allowed for simi- 
lar services and attendance in the circuit courts, and may 
be recovered, collected and paid in like cases and manner 
as such fees now are or hereafter may be in said circuit 
courts. 

§ 8. Upon the commencement of every suit or pro- Fees of judge. 
ceeding in said county courts by writ, bill, petition or other- 
wise, the plaintiff or relator shall pay the sum of two dol- 
lars, and upon taking an appeal the appellant shall pay the 
sum of one dollar ; which fees shall be paid to the clerk of 
said courts before any suit, appeal or other proceeding 
shall be entered upon the docket. Before entering any 
judgment by confession there shall be paid to the clerk the 
sum of one dollar, if the judgment does not exceed the sum 
of one hundred dollars ; and the sum of two dollars if the 
judgment exceeds one hundred dollars, but does not ex- 
ceed two hundred and fifty dollars ; and the sum of three 
dollars, if the judgment exceeds the sum of two hundred 
and fifty dollars, but does not exceed five hundred dollars ; 
and the sum of five dollars if t!ie judgment exceeds five 
hundred dollars ; which sums so paid to the clerk shall by 
him be paid to the judge of said courts, on or before the 
first day of each term ; and the amount so paid may be re- 
covered and taxed in favor of the party paying the same, 
on recovering judgment for costs. 

§ 9. There shall be paid to the clerk of said courts, Proceedines 
upon filing any application for letters testamentary or of ®^'*'®^* 
administration, or of guardianship, th<e sum of fifty cents, 
and upon each application for citation or attachment, the 
16 



1854. 242 

sum of fifty cents ; and upon filing any petition of securi- 
ties or other person for relief, or for revoking or repealing 
letters testamentary of administration or of guardianship, 
the sum of one dollar ; and upon filing each petition for 
discharge, undi&r the insolvent debtor act, the sum of two 
dollars ; all which sums shall by the clerk be paid to the 
judge of said courts, at or before the end of each three 
months, and may be taxed and collected with the costs, 
by fee bill or otherwise, according to the practice of the 
courts. 

Boots, &c. § 10. The clerk of said courts shall provide all neces- 

sary books, stationery and fuel for his office, and presses 
for the safe keeping of the archives thereof, and the board 
of supervisors of said counties shall, from time to time, 
make allowances for the same out of the county treasuries. 

Ad quod dam- § H' The Said couuty courts shall have jurisdiction in 
num. q]\ cases of petition or bill for writs of ad quod damnum^ 

for the sale of real estate and interest therein of wards by 
their guardian, for the partition of lands, real estate and 
interest therein, for the assignment and settlement of 
dower, for the removal of guardians and executors, for the 
settlement of estates of deceased persons, and for the sale 
of real estate and the interest therein of deceased persons, 
for the payment of debts of decedents by executors or ad- 
mhiistrators. 

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

Approved February 27, 1854. 



In force Feb. 38, AN ACT to amend an act entitled " an act to incorporate the town of La- 
1854. ' con," and the several acts amendatory thereto, and to consolidate the same. 

ARTICLE FIRST.— (y Boundaries and General Poiv- 

ers. 



Body corporate. 



Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Lacon, and all the district of 
country hereinafter described, in the county of Marshall, 
and state of Illinois, be and they are hereby constituted a 
body politic and corporate, by the name and style of the 
"City of Lacon," and by that name shall have perpetual 
succession, and may have and use a common seal, which 
they may change and alter at pleasure. 
Boun.iaiies. § 2. All that district of country embraced within the 

following boundaries, to wit : commencing on the Illinois 



2S40 1004. 



river, on the township line between townships twenty-nine 
and thirty north, of range three, west of the third princi- 
pal meridian, and running thence east, along said township 
line to the centre of section thirty-six, in township thirty 
north, range three, west of the third principal meridian ; 
thence north along the centre of said section, to the north 
line of the same ; thence east one-fourth mile ; thence 
north three-fourths of a mile ; thence west one-fourth of a 
mile ; thence north one-fourth mile ; thence west to the 
Illinois river ; thence southward along said river to the 
place of beginning, is hereby declared to be within the 
boundaries of the said city of Lacon. 

§ 3. The present board of trustees of the town of La- wards. 
con shall, on or before the first day of April next, divide 
the said city of Lacon into two wards, as nearly equal in 
population as practicable, particularly describing the boun- 
daries of each. 

§ 4. Whenever any tract of land adjoining the city of Additions. 
Lacoa shall be laid off into town lots, the same shall be 
recorded as now required by law, and shall be annexed to 
and form a part of said city of Lacon. 

§ 5. The inhabitants of said city, by the name and power?. 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, defend and be defended, in all 
courts of law or equity, and in all actions whatever ; to pur- 
chase, receive and hold property, real and personal, in said 
city ; to purchase, receive and hold property, both real 
and personal, beyond the city, for burial grounds, or for 
other public purposes, for the use of the inhabitants of said 
city ; to sell, lease, convey and dispose of property, real 
and personal, for the benefit of the city, and to improve 
and protect such property, and to do all other things in 
relation thereto as natural persons. 

ARTICLE IL— 0/ the City Council. 

§ 1. There shall be a city council, to consist of a may- 
or 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 Eligibility. 
of his election, he shall have resided six months within 
the limits of the city, and shall be, at the time of his elec- 
tion, twenty-one years of age, and a citizen of the United 
States. 

§ 4. If any alderman shall, after his election, remove oace vacated, 
from the ward for which he is elected, his office shall 
thereby be declared vacated. 



1804. 



"244 



Divided by lot. 



Quorum. 



Kules of proceed- 
ing. 



Office. 



Vacancies. 



Oath. 



Stated meetings. 



§ 5. At the first meeting of the city council, the al- 
dermen shall be divided by lots 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 elect- 
ed annually. 

§ 6. The city council shall judge of qualifications, 
elections and returns of their own members, and shall de- 
termine all contested elections and [o/ J their own mem- 
bers, and shall determine contested elections. 

§ 7. A majority of the city council shall constitute a 
quorum and do business, but a smaller number may ad- 
journ from day to day, and compel the attendance of ab- 
sent members, under such penalties as may be prescribed 
by ordinance. 

§ 8. The city council shall have power to determine 
the rules of its proceedings, punish its members for disor- 
derly conduct, and, with the concurrence of two-thirds of 
the members elected, expel a member, and declare his of- 
fice vacant. 

§ 9. The city council shall beep a journal of its pro- 
ceedings, and from time to time publish the same, in some 
newspaper published in said city, having the largest cir- 
culation therein ; and the yeas and nays, when demanded 
by the [any] member present, shall be entered on the jour- 
nal of the proceedings. 

§ 10. No alderman shall be appointed to any office un- 
der the authority of the city which shall have been crea- 
ted, or the emoluments of which shall have been increased, 
during the term for which he shall have been elected. 

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

§ 12. The mayor and each alderman, before entering 
upon the duties of their respective offices, shall take and 
subscribe an oath that they will support the constitution of 
the United States, and of tliis state, and that they will well 
and truly perform the duties of their office, to the best of 
their skill and abilities. 

§ 13. Whenever there shall be a tie in the election of 
alderiiien, the judge 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. 

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



ARTICLE III.— Of the Chief Executive Officer. 



yftyor. 



§ 1. The chief executive officer of the city shall be a 
mayor, who shall be elected by the qualified voters of th« 



245 1854. 

city, and shall hold his office for one year, and until his 
successor shall be elected and qualified. 

§ 2. No person shall be eligible to the office of mayor Eligibility, 
who shall not have been a resident of the city for one year 
next preceding his election, or who shall be under twenty- 
one years of age, or who shall not, at the time of his elec- 
tion, be a citizen of the United States, 

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

§ 4. When two or more persons shall have an equal Tie vote, 
number of votes for mayor, the judges of election shall cer- 
tify the same to the city council, who shall proceed to de- 
termine the same by lot, in such manner as may be provi- 
ded by ordinance. 

§ 5. Whenever an election of mayor shall be contest- contested eiec 
ed, the city council shall determine the same in such man- ^^^^' 
ner as may be prescribed by ordinance, 

§ 6. Whenever any vacancy shall happen in the office vacancy, 
of mayor, it shall be filled by election. 

ARTICLE IV.— 0/ Elections. 

§ 1. On the first Monday in April next an election shall ^'s'=t'°"* 
be held in each ward of said city for one mayor for said 
city, one marshal and city constable, one treasurer, one 
assessor, one street commissioner, and two aldermen for 
each ward ; and forever thereafter, on the first Monday in 
April in each year, there shall be an election held in each 
ward in said city, for one mayor for the city, one marshal, 
one treasurer, one assessor, one street commissioner, and 
one alderman for each ward. The present board of trus- 
tees of the town of Lacon shall make the necessary ar- 
rangements for said first election, the returns thereof shall 
be made as at present provided by law, or by ordinance of 
said trustees. 

I^ § 2. All free v/hite male inhabitants, over the age of voters, 
twenty-one years, who are entitled to vote for state offi- 
cers, and who shall have been actual residents of said city 
thirty days next preceding any city or ward election, shall 
be entitled to vote for city officers : Provided, that said 
voters shall give their votes, in all city and ward elections, 
in the wards in which they respectively reside, and in no 
other, and that no vote shall 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 of- 
ferred, at least ten days next preceding such ©lection* 



1854. 



246 



ARTICLE Y.—Of the Legislative Powers of the City 

Council. 



Api'Ointments. 



Hospitals. 



Wards. 



Markets. 



§ 1. The city council shall have power and authority 
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, except as hereinafter excepted, and may enforce the 
payment of the same in any manner prescribed by ordi- 
nance, not repugnant to the constitution of the United 
States or of this state. 

§ 2. The city council shall have power to appoint a 
clerk, attorney, collector, city surveyor, and all such other 
officers as may be necessary. 

§ 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 
the duties of their respective offices, before entering upon 
the discharge of the same ; to build and keep in repair 
school houses ; to establish, support and maintain common 
schools ; to borrow money on the credit of the city, by and 
with the consent of a majority of the inhabitants thereof. 

§ 4. To appropriate money, and to provide for the pay- 
ment of the debt and expenses of the city. 

§ 5. To make regulations to prevent the introduction 
of contagious diseases into the city, and to enforce the 
same within three 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 the streets, for the 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 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 
regulation thereof. 

§ 15. To provide for the erection of all needful build- 
ings for the use of the city. 



247 1854. 

§ 16. To provide for enclosing, improving and regula- 
ting all public grounds belonging to the city. 

§ 17. To license, tax and regulate auctioneers, mer- 
chants, grocers, retailers, hawkers, pedlers, brokers, 
pawnbrokers and money changers. 

§ 18. To license, tax and regulate hackney coaches, 
wagons, carts and drays, and to fix the rates to be charged 
for the carriage of persons, and for the wagonage, cartage 
and drayage of propert)'. 

§ 19. To license and regulate porters, and fix the rates 
of porterage. 

§ 20. To license, tax and regulate theatrical and other 
exhibitions, shows and amusements. 

§ 21. To restrain and prohibit and suppress tippling 
houses and dram shops. 

§ 22. To restrain, prohibit and suppress gaming, baw- 
dy and disorderly houses. 

§ 23. To provide for the extinguishment of fires, to or- 
ganize and establish a fire department, with the necessary 
ofiicers, and to organize, establish and equip fire compa- 
nies. 

§ 24. To regulate and prohibit the erection of wooden 
buildings in any part of the city. 

§ 25. To regulate the fixing of chimneys, and to fix 
chimney flues. 

§ 26. To regulate the storage of gunpowder, tar, pitch, 
rosin and other combustible materials. 

§ 27. To regulate and order parapet walls and parti- 
tion fences. 

§ 28. To establish standard weights and measures, and 
regulate the weights and measures to be used in the city, 
in all cases not otherwise provided for by law. 

§ 29. To provide for the inspection and measuring of 
lumber and other building materials, and for the measure- 
ment of all mechanical work. 

§ 30. To provide for the inspection and weighing of 
hay and stone coal, the measuring of charcoal, fire wood, 
and other fuel, to be sold and used within the city. 

§ 31. To provide for and regulate the inspection of 
beef, pork, flour, meal and grain. 

§ 32. To regulate the inspection of butter, lard, cheese 
and other provisions. 

§ 33. To regulate the weight, quality and price of 
bread to be used in the city. 

§ 34. To regulate the size of brick to be sold or used 
in the city. 

§ 35. To provide for the taking enumerations of the 
inhabitants of the city. 

§ 36. To regulate the election of city oflficers, and to 
provide for removing from ofiice any person holding an of- 
fice created by ordinance. 



1854. 



248 



KiUiaril tables. 



Moneys. 



Ordiuancea. 



Style. 



§ 37. To fix the compensation of all city officers, and 
regulate the fees of jurors, witnesses and others, for servi- 
ces rendered under this act, or any ordinance. 

§ 38. To regulate the police of the city, to impose 
fines, penalties and forfeitures for the breach of any ordi- 
nance, and to provide for the recovery and appropriation 
of such fines and forfeitures, and the enforcement of such 
penalties. 

§ 39. The city council shall have power, within the 
city, by ordinance, to restrain and suppress billiard tables 
and ball alleys. 

§ 40. To regulate, restrain and prohibit the running 
at large of horses, cattle and hogs, as well when the same 
belong to or shall stray from the premises of persons liv- 
ing out of the boundaries of the city as those belonging to 
the inhabitants of the city. 

§ 41. All moneys collected under and by authority of 
any city ordinance shall be deemed and taken to belong 
to said city, and disposed of by the city council under the 
ordinances of said city, for the general use and benefit of 
the inhabitants thereof. 

§ 42. 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. 

§ 43. The style of the city ordinances shall be, " Be it 
ordained by the Mayor and Common Council of the City 
of Lacoji.'' 

§ 44. All ordinances passed by the city council shall, 
within twenty days after they shall have been passed, be 
published in a newspaper puolished in the city having the 
largest circulation, and shall not be in force until they shall 
have been published as aforesaid. 

§ 45. AH ordinances of the city may be proven by the 
seal of the corporation, and when printed or 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 fur- 
ther proof. 

ARTICLE VI.— 0/ the Mayor. 



Special meetings. 



Enforce law. 



§ 1. The mayor shall preside at all meetings of the 
city 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 shall appoint one of their own mem- 
bers chairman, who shall preside at that meeting. 

§ 2. The mayor, or any two aldermen, may call spe- 
cial meetings of the city council. 

§ 3. The mayor shall, at all times, be active and vi- 
gilant in enforcing the laws and ordinances for the gov- 
ernment of the city ; he shall inspect the conduct of all 
subordinate officers of said city, and cause negligence and 



249 1854. 

positive violation of duty to be prosecuted and punished ; 
he shall, from time to time, communicate to the aldermen 
such information, 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 
inhabitant of said city, over the age of eighteen years, to 
aid in enforcing the laws and ordinances, and in case of riot 
to call out the militia to aid in suppressing the same, Riots. » 
or in carrying into effect any law or ordinance ; and any 
person who shall not obey such call shall forfeit to the 
city a fine not exceeding five dollars. 

6 5. He shall have power, whenever he may deem itExbipition of 
4. ■ c cc C4.U •;) -4. boots, &c. 

necessary, to require oi any otfacer or the said city an ex- 
hibit of his books and papers. 

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

§ 7. He shall have such jurisdiction as may be vested 
in him by ordinance of the city in and over all places with- 
in three miles of the boundaries of the city, for the pur- 
pose of enforcing the health ordinances and regulations 
thereof. 

§ 8. He shall receive for his services such salary as salary. 
shall be fixed by an ordinance of the city. 

§ 9. In case the mayor shall at any time be guilty- of 
a palpable omission of duty, or shall wilfully and corruptly omi^ss^n of du- 
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 Marshall county ; and on 
conviction he shall be fined not more than two hundred 
dollars, and the court shall have power, on the recom- 
mendation of the jury, to add to the judgment of the court 
that he be removed from office. 

ARTICLE YIL—Of Proceedings in Special Cases. 

§ 1. Whenever it shall be necessary to take private »;^f*t°/J*f&«' 
property for opening, widening, altering, filling up or gra- 
ding any public street, lane, levee, avenue or alley, the city 
shall' make a just compensation therefor to the person whose 
property is so taken ; and if the amount of such compen- 
sation cannot be agreed on, the mayor shall cause the 
same to be ascertained- by a jury of six disinterested free- 
holders of the city. 

§ 2. When the owners of all the property on a street, Petition. 
lane, avenue or alley, proposed to be opened, widened or 
altered, shall petition therefor, the city council may open, 
widen or alter or discontinue such street, lane, avenue or 



1854. 260 

alley, upon condition to be prescribed by ordinance ; but 
no compensation shall in such case be made to those whose 
property shall be taken for the opening, widening or alter- 
ing 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. 

■^dlmVc^. *^^^^ § 3- All persons empannelled 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 
altering any street, lane or alley, shall first be sworn to 
that effect, and shall return to the mayor the inquest, in 
writing, and signed by each juror. 

^amageT^asoer- § 4. In ascertaining the amount of compensation for 

tained. property taken for the opening, or widening or altering any 

street, lane, avenue or alley, or for gravel or earth taken 
from the land of individuals, to grade and fill up the levee, 
streets and land west of Water street, in said city, the jury 
shall take into consideration the benefit as well as the inju- 
ry happening by such opening, widening or altering such 
street, lane, avenue or alley, or for taking and using such 
earth and gravel for the purpose aforesaid. 

Set aside verdict. ^ 5^ 'p}jg mayor shall have power, for good cause 
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 tax. ^ g^ 'pj^g ^jj^y council shall havc powcr by ordinance 

to levy and collect a special tax on the holders of 
lots in any street, lane, avenue or alley, or a part of 
any lane, avenue or alley, according to the respective 
fronts owned by them, for the purpose of paving and gra- 
ding the side-walks, and lighting said street, lane, avenue 
or alley. 

ARTICLE VIII. — Miscellaneous Provisions. 

§ 1. The inhabitants of the city of Lacon are hereby 
exempted from working on any road beyond the limits of the 
city, and from paying any tax to procure laborers to work 
upon the same : Provided, that the city may cause one- 
fourth of the labor tax to be laid out on roads leading 
into said city. 

§ 2. The city council shall have power, for the pur- 
pose 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 four days in each and 
every year, and every person failing to perform such labor, 
when duly notified by the street commissioner, or those 
acting under him, shall forfeit and pay the sum of seventy- 
five cents for each day so neglected or refused. 



Exempt from 
road labor. 



Street labor. 



251 1854. 

§ 3. The city councill shall have power to provide, forOffenaere. 
the punishment of offenders, by imprisonment in the coun- 
ty jail, in all cases where such offenders shall fail or refuse 
to pay the fines and forfeitures which may be recovered 
against them. 

§ 4. The city council shall cause to be published an- published. 
nually, a full and complete statement of all moneys received 
and expended by the city during the preceding year, and 
on what account received and expended. 

^ 5. All ordinances and resolutions passed by the trus- ordin»nces, &c. 
tees of the town of Lacon, and not inconsistent with the 
provisions of this act, shall remain in force until the same 
shall have been repealed by the city council hereby created. 

§ 6. All suits, actions and prosecutions instituted, ^^"^• 
commenced or brought by the corporation hereby created, 
shall be instituted, commenced and prosecuted in the name 
of " The City of Lacon." 

§ 7. All actions, fines, penalties and forfeitures which 
have accrued to the trustees of the town of Lacon, shall 
be vested in and prosecuted by the corporation hereby cre- 
ated. 

§ 8. All property, real and personal, heretofore be- 7°^^''^ °'^^*^« 
longing to the trustees of the town of Lacon, for the use of 
the inhabitants of said town, shall be and the same is 
hereby declared to be vested in the corporation hereby 

§ 9. ' This charter shall not invalidate any act done by Y,^,?^^^.'''' 
the president and trustees of the town of Lacon, nor di- 
vest them of any rights which may have accrued to them 
prior to the passage of this act. 

§ 10. The trustees of the town of Lacon shall, imme- P'^niuisate uw. 
diately after the passage of this act, take measures to pro- 
mulgate this law within the limits of the city of Lacon, and 
issue their proclamation for the election of officers, and 
cause the same to be published in all the newspapers of 
said city, for two weeks in succession, prior to the day of 
election for said officers. 

§ 11. Appeals shall be allowed from decisions in all ^pp^^i^- 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof, to the circuit court of 
Marshall county; and every such appeal shall be taken 
and granted in the same manner and with like effect as ap- 
peals are taken from and granted by justices of tlie peace 
to the circuit court, under the laws of this state.' 

§ 12. Whenever the mayor shall absent himself from ^^a^^-^^Cyy^l* office 
the city, or shall resign, or die, or his office shall otherwise 
be vacated, the board of aldermen shall immediately pro- 
ceed to elect one of their number president, who shall be 
mayor pro tern. 



1854. 



252 



Pnbllcact. 



Marshal. 



§ 13. This act is hereby declared to be a public act, 
and may be read in evidence in all courts of law or 
equity in the state, without proof. 

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

§ 15. The city marshal, or any other officer authorized 
to execute writs or other process issued by the ius ces 
of the peace in said city, shall have power to execute the 
same any where within the limits of Marshall county, and 
shall be entitled to the same fees for travelling as are allow- 
ed to sheriffs and constables in similar cases. 

§ 16. The common council of said city shall have no 
power to remit any fine imposed upon any person for the 
violation of the laws or ordinances of said city, unless two- 
thirds of all the aldermen authorized to be elected shall 
vote such remission ; nor shall any thing in this act con- 
tained be so construed as to oust any court of jurisdiction 
to abate and remove nuisances in the streets, or any part 
of said city, by indictment or otherwise. 

§ 17. No vote of the common council shall be recon- 
sidered or rescinded at a special meeting of said council, 
unless at such special meeting there be present as large a 
number of the aldermen as were present when such vote 
was taken. 

§ 18. If at any sale of real or perscnal estate for taxes 
or assessments levied or assessed by the common council, 
in virtue of any of its corporate powers, no bids shall be 
made for any parcel of land, or any goods and chattels, the 
same shall be struck off to the city, and thereupon the city 
shall receive, in the corporate name, a certificate of the sale 
thereof, and shall be vested with the same rights as other 
purchasers under the revenue laws of this state at such 
sales. 

§ 19. In all prosecutions for violation of any ordi- 
nances of said city, the first process shall be a summons, 
unless oath or affirmation be made by some officer of 
said city or other person for a warrant, as in other ca- 
ses before justices of the peace ; secondly, in all suits for 
the violation of ordinances, the writ shall specify the par- 
ticular clause of the ordinance violated. 

§ 20. The city council, to enable them to carry into 
effect the provisions of this act, shall have power to borrow 
any sura of money not exceeding fifty thousand dollars, at 
a rate of interest not exceeding ten per cent, per annum; 
which said interest shall be payable annually, or semi-an- 
nually, as the council may provide. Said bonds shall be 
payable within twenty years from the time of the issuing 
thereof, and shall be in sums of not less than one hundred 
dollars ; which said bonds shall be signed by the mayor, 
and attested by the clerk of said citv. 



5iD3 1854. 

§ 21. It shall be the duty of said city council, if the 
ordinary corporation tax of said city shall be insufficient, 
to J ^vy a special tax, not exceeding one per cent, on the 
ass ssed value upon all the property, real and personal, 
wit 1 1 in the limits of said corporation, for the purpose of 
payii.g the interest upon said bonds by them so issued, 
ant! to provide by tax or otherwise for the payment of the 
principal when due. 

§ 22. All lands witliin the city limits used as farm 
Ian is, and not laid off into lots, shall be exempt from taxa- 
tion for the payment of ordinary city expenses, but the same 
shall be liable to a tax not exceeding one per cent, per 
annum on the assessed value thereof, for the purpose of 
pa) ing the bonds and the interest thereon, issued by virtue 
of this act, and also to pay tlie expenses of improving and 
filling up the levee, streets and low land west of Water 
street, in said city of Lacon. 

6 23. Justices of the peace residing in the city shall 
ha\ e jurisdiction in all actions or prosecutions under or 
by virtue of this act and the ordinances of the city, and a 
violation of the same, and shall be allowed the same fees 
as is allowed by law in other similar cases. 

§ 24. Said marshal and city constable shall have pow- 
er to execute any civil or criminal process that may be 
issued by any justice of the peace, and may perform all the 
duties, and be entitled to all the fees, allowed by law to 
constables by virtue of the laws of this state. 

{' 25. Said marshal and city constable shall be required 
to xecute and file with the city clerk of said city a bond, 
wiiii security to be approved by the city council, condi- 
toiit d as constables' bonds are now or may hereafter be 
reci'iired to be conditioned by law: which said bond shall 
have the same force and effect, and be subject to the same 
iiai ilities, as constables' bonds have or may hereafter be 
by virtue of law. 

^^ 26. This act to take effect and be in force from and 
after its passage. 

Approved February 28, 1854. 



JOINT RESOLUTIONS, 



JOINT RESOLUTIONS of instruction in reference to pensions to the sol- 
diers of the war of 1812. 

Whereas efforts are being made in congress to pass a law 
granting pensions to the surviving officers and soldiers 
of the war of 1812 ; and whereas we deem it an act of 
justice due to those who faithfully served their country 
in that war, which has too long been withheld ; and 
whereas we cordially approve of the measure, and are 
in favor of the immediate passage of such a law ; there- 
fore, be it 

Resolved by the House of Representatives^ the Senate 
concurring herein, That our senators in congress be in- 
structed, and our representatives requested, to use all hon- 
orable means to procure the passage of such a law ; that 
our senators be also instructed, and our representatives 
requested, to use their exertions for the passage of a law 
granting bounty land to the surviving soldiers and officers 
of the revolution ; that the governor be requested to for- 
ward to the members of both houses of congress from this 
state a copy of; the above preamble and resolutions. 
Approved Feb. 27, 1854. 



JOINT RESOLUTION relative to a grant of land to aid in constructing 
a railroad from the most feasible point on the west shore of Lake Michi- 
gan to the mineral region of Lake Superior. 

Whereas congress, by grants of lands to several states, to 
aid in constructing certain railroads, has established the 
precedent of making such grants for roads, national in their 
character; and whereas there exist upon the south shore 
of Lake Superior numerous and rich mines of iron and 
copper, now being worked by citizens of many states; and 
whereas it is at present impossible for the inhabitants 
of the mining country to export the products of their la- 



1854. 256 

bor, or to receive supplies during seven months in every 
year ; and whereas the great and growing wants of the 
country, and the various commercial interests which ex- 
ist between it and other portions of the state and other 
states, require permanent and reliable means of inter- 
course ; and whereas such object, national in its char- 
acter, would be obtained by the construction of a rail- 
road running mainly through government lands, bringing 
them to market, and aiding their sale, settlement and 
improvement — therefore, 

Besolved by the House of Representatives^ the Senate 
concurring herein^ That our senators in congress be in- 
structed, and our representatives requested, to urge the 
passage of a law by congress, granting land to aid in con- 
struction of a railroad from the most feasible point on the 
west shore of Lake Michigan to the mineral region of Lake 
Superior. 

Resolved, That the governor be requested to forward 
copies of the foregoing preamble and resolution to the sen- 
ators and representatives in congress from this state. 
Approved Feb. 28, 1854. 



MEMORIAL AND RESOLUTIONS relative to the duty on sugar, mo- 
lasses and railroad iron. 

To the Congress oj the United States : 

The memorial of the general assembly of the state of 
Illinois respectfully represents to your honorable body, 
that they and their constituents, especially the laboring 
classes, have long regarded the duty of thirty per cent. 
ad valorem on sugar and molasses imported from abroad 
for their consumption and daily use as onerous and oppres- 
sive, and tending to enhance the price of those articles, 
which are now articles of prime necessity, and enter into 
the consumption of every family in every state of this 
widely extended Union. Your memorialists are satisfied, 
from an examination of this subject, that this duty or tax 
of thirty per cent, ad valoretn on sugar and molasses was 
imposed to protect the cultivation of sugar in the state of 
Louisiana, to which state the sugar cane is not indigenous, 
it being the natural growth of the tropics only, and by 
such protection the few planters therein have amassed 
large fortunes, deriving princely returns from the capital 
invested in that product of their agriculture, and are now 
enabled, without this protection, to make fair profits on 
their investments. Your memorialists, while they are not 



267 1S54. 

in favor of legislation for any particular class or pursuit, 
are at the same time unwilling to recommend any measure 
which might prove destructive to any real interest, but 
inasmuch as the returns from the sugar planting region 
show that those engaged in that pursuit, (and but few in 
number) are enabled to make fair and remunerative pro- 
fits in their capital without this duty, they believe the tiiae 
has come when the duty, bearing so hard as it does on the 
laboring classes, should be repealed or at least greatly re- 
duced, and sugar and molasses placed, with tea and coffee, 
on the "free list." Indeed it seems to your memorialists a 
duty incumbent on your honorable body to remove this 
duty, inasmuch as your honorable body has made tea and 
coffee dutyfree, thereby increasing the consumption of those 
articles to the proper enjoyment of which sugar is a ne- 
cessary article, and tiie more especially as the duty on 
those articles, amounting to near five millions of dollars 
the last year, are not wanted, there being now a surplus 
in the treasury of the United States of more than twenty- 
five millions, unavailable for any known purppse of govern- 
ment. Your memorialists would respectfully suggest to 
your honorable body that to tax heavily the necessaries of 
life has not been considered the policy of the government, 
for many reasons, as it oppresses those least able to bear 
them, the laboring class of the community. And your 
memorialists suggest that this principle will continue to 
distinguish your legislation. JTour memorialists perceive 
with regret that in the recommendations to your honorable 
body by the treasury department, for such a modification 
of the present revenue system as shall reduce the receipts 
within the actual wants of the government, the duty or tax 
on linens, watches and other articles in which the rich in- 
dulge, (the duties on which amount to nearly five millions 
of dollars annually) is proposed to be removed, whilst the 
tax on sugar and molasses, which the poor consujue, 
amounting to nearly the same sum, is omitted from this list 
of free articles. Your memorialists, therefore, in view of 
these facts, and entertaining the opinion that every tax not 
necessary for the wants of the government, is oppressive 
and unjust, would repectfully pray your honorable body to 
repeal the duty on sugar and molasses, and place them 
where they seem properly to belong, on the free list, and 
by so doing relieve the laboring classes from a heavy bur- 
den — therefore. 

Resolved hy the Senate, the House of Representatives 
concurring therein, That our senators in congress be in- 
structed, and our representatives requested, to use their 
best exertions so to modify the existing tariff laws as to 
remove entirely the duty on sugar and molasses, and rail- 
road iron, and have them placed on the " free list." 



1854. 258 



Resolved, That the governor of this state be requested 
to forward a copy of this memorial and resolutions to each 
of our senators and representatives in congress, with a 
request tiiat they present the same to the bodies to which- 
they respectively belong. 

Approved Feb, 28thj 1854, 



PREAMBLE AND RESOLUTIONS on Ihe subject of a ship canal around^ 
the Falls of Niagara. 

Whereas the adoption of every just and legal measure that 
lessens the cost of transportation between the west and- 
the east, gives to the public a quicker access to east- 
ern and foreign markets, enhances the value of our sta- 
ples, and lessens the cost of those articles of necessity 
and luxury which we do not produce, but derive from- 
abroad, is earnestly desired by this legislature ; and 
whereas the obstructions which the Falls of Niagara 
river offers to the passage of vessels from our north- 
western lakes to Lake Ontario, the St. Lawrence river, 
and thence to the cities on our seaboard, and the com- 
mercial wants of Europe, causes the cost of transporta- 
tion between the west and those points to be materially 
greater than it would be "Hjre that obstruction removed 
or avoided ; and wliereas the construction of a ship 
eanal, on the territory of the United States, around said 
Falls, of size and depth sufficient to accommodate ves- 
sels of from 1000 to 1500 tons burthen, would enable 
the flour, wheat, corn, pork and beef of Illinois to be 
shipped to eastern cities, or direct to Europe, without 
breaking bulk, and at a cost greatly below what they 
are now subject to j and whereas such a ship canal 
would always give to the Uniied States a complete 
mastery of the great lakes, in case of a war between 
them and the government of Great Britain, and thus be a 
means of protection to our lake commerce and the various 
cities on the borders of our lakes, which could only be 
had under different circumstances by keeping r.p heavy- 
naval armaments on the St. Lawrence river and Lake 
Ontario, and also on Lakes Erie, Huron, Michigan and 
Superior; and whereas a company has been organized, 
by authority of the state of New York, to build a ship 
canal of a capacity equal to that above mentioned, but 
cannot proceed with an enterprise of such magnitude, 
and which will necessarily for some years afford a very 
small per cent, on the capital required, without the aid 



259 

of the national government ; and whereas the granting 
of such aid is not incompatible with the action of the 
orovernraent in other cases, among which is the grant of 
lands for the construction of a ship canal to connect 
Lakes Superior and Huron, in the territory of the state 
of Michigan— therefore, 

Resolved by the Senate of the General Assemhly of the 
state oj Illinois^ the House of Representatives concurring 
herein^ That our senators in the United States congress 
be instructed, and our representatives requested, to pro- 
cure from congress such a grant of public lands as they 
may deem just and necessary to aid in completing, at as 
early a day as is practicable, a ship canal around the Falls 
of Niagara, in accordance with the act of the legislature 
of New York upon that subject, passed July 2l8t, 1863, 
Approved Feb. 28, 1854. 



1864. 



INDEX. 



INDEX 



Alton citj' charter, amended, - 209 
Appoitioiiment of the sevf>ial counties 
into senaioiial and representative 

district?, - - - 3 
Appropriations, to auditor, clerk to fund 

commissioner, - — 25 

A. H. & C. Buriey, - - 25 

A. H. & C. Shullz, - - 25 

Hillman & Meelis, - - 25 

W. B, Fondey, - - 25 

povernor's secretary, - - 25 

Birchall & Owen, - - 25 

Johnso[) & Bradford, - — 26 

John Eck, - - - 26 

A. Starne, - - - 26 

John Connelly, - - - 26 
untiiiished space in the state house, 26 

secretary of state, - - 2n 

•expen'ses, - - - 26 

Ives & Curran, - - - 26 

officers senate and house, - 26 
assistant enrolling and engrossing 

clerks, - - - 26 
E. L. Kiilb, - _ - 26 
court and library room at Mt. Ver- 
non, _ _ _ 14G 
for ornamenting grounds around 
state house, _ _ _ is-2 
Assessment rolls, how examined, - 27 
when made, - - - 27 
returns, _ _ _ 28 
Aurora, town charter amended, - 168 
Auditor, receive books of Gallatin saline, 17 
issue duplicates, — - 18 
duty in relation to swamp lands, 21 
appropriation, &c., - - 25 

B. 

Belleville and Murphysboro railroad com- 
pany, amendment to charter, - 78 
Muscoutah plank rciad, amendment 

to ctiarter, _ ^ _ 204 
city chaiter amended, - -223 

Beardstown and Petersburg railroad 

company, amendment, - 141 

Bloomington, city charter amended, - 170 

Boone county, law in relation to county 

courts, - - - 239 



PAGE, 

Boone county authorized to borrow 

money, _ _ _ 150 

Bond, " " '•■ 141 

Bridges, special tax to build, - 2'J 

Board of supervisors, powers over swamp 

lands, _ _ _ 20 

orders of, V/lien certified, - 20 

Buriey, A. H. & C, approprialioM, - 25 

Birchall &, Owen, " -- - 2 



c 



Carthage, amendment to town charier, 216 

Canton, Liver()Ool Plank Road Company, 

ameniiinent, _ - _ 20:j 

Certificate made by county judge in case 

of change of venue, — - 14 

Chicago and Rock Island railroad, amend- 
ment, _ _ _ 200 
Mississippi, '' '■ - 200 
Rock IsKuid, <« " - 83 
Auroia, ' " " - 143 
recordei's court ill, " -250 
amendment to law incorporating, 217 

Cities, collection of taxes, - - 22 

gide-walk tax, - - - 23 

powers of corporate authorities, 23 

City ofSpringneld, amendment to charter, 35 
Peoria, — - - 74 

Otawa, - - 201,85 

R.ickford, _ _ - 103 

Pekin, - - - 157 

Bioomiiijton, _ - _ 170 

Knoxville, _ _ _ 173 

W.^rsaw, _ _ _ !80 

Joliet, _• _ _ 187 

Rock Island, _ _ - ]9.( 

Alton, _ _ _ 203 

Chicago, - _ _ 217 

Belleville, - _ _ 22:? 

City and couiiiy subicriptions to rail- 
road company. - — 11 
issue bonds, - - — 1 I 

County court, order securing purchaser 

of swamp land, — - 18 

to require purchase money, - 19 
certified copies ot order, — 30 

to ap|dy excess, - - 20 

clerk of, to execute deeds for 

swamp lands, - - 21 

to order judgment on cify and town 
aelinquent lists, - - .j 



V ] 



INDEX. 



(.c.uD'.y coiirfs, acts of Band connty le- \ 

galized, - - - 76 

,'jf La Salle, Winnebago, Bonne 

an ! McHeiiiy,€)cts of, legalized, 7(i 
chiMifi:? of ver UP, - - 14 

jurisdiction of, - - - 14 

orders and decrees of, - - 16 

(joui.ty collector, lees of, - 131 

County clerk lo make ct-rtificd copy to 
jiulges, certificate in case of 
riiange of venue, - - 15 

to entry of record, - - 16 

duly of, - - - 16 

(,'oiji)ly, ol Macoupin, Hutborizfdjto bor- 
row money, " " - 81 
Mc Henry '« " - 81 
Kankakee, " " - 102 
Boone, " " - 152 
Grun'ty, " " - 153 
Fayet'f, •• " - 157 
Ethnulinin, " " - J5T 
Cmnberlai.d, " " - 157 
Clark. " " - m 
Uniot,, '' " - ir.7 
Miirdin, " '' - 214 
llainilton boundary line, - 143 
Saline, '• - ~ 1J3 
White, " - - 143 
G.Tllatin, " - - 143 
Rock IMrtud, " - - 161 
Whilesirie, '' - - 161 
Constable?. v\ hen to elect additional, - 30 
duties, - - - 30 
powers, ciDolunjents, &:c. - 30 
to execute writ of pciice magis- 
trates, - - - 12 
Commissioner?, of hisjhways, du!i' s, - i^ 
conhol of briit^jes, - - 30 
Court and library room at Mt. Veinon, 

appropji tion for. - - 146 

Consoiid.iiion ofrailioad and pUuikroad 

companies, - - - 9 

Cook county, swamp liinds in, - 185 

Common schools, statr supfrinteudent 

tn have supervision olj. - 14 

Cl.T !■: ro!-inty,borro.v money, - - 157 

Cumberuuid-, - . - - 157 

Decatur, iMid Indianapolis Railrond, amend- 
Uienl lo charier, - - 86 

town clurter ainetidecl, - 185 

Dixon. " '• •• - - 138 



F. 



Fayet'e county authorized to borrow 

money, _ _ _ ]58 

Ferry, Madison cotmly, continuance 110 
across Mississippi river, by L. 

Wells, - - - 136 

Ohio river, by Shawnessy and Sim- 
mons, _ _ _ 140 
from Jourdon's Ferry to Dubuque, 182 
at New Boston, - - 213 

- 12 

- 31 

- 25 



K. 



"'T^-.ic, John, appropriation. - - 26 
JI 'vvard-ivilh-', anufmlmeht to town char- 
ter, - - - , - 150 
EiTmgSam county authorized to borrow 

monfy, - - - l-''7 
Elgin. am<'ndment to town charier, 83 
Enrolliio; and efigrossiMg clerks, appro- 
priation. -, - " - 26 
E.Tpenses, appiOj-'ristion; - - 26 



Fees of police magistrates, - - 

county collectors, - - 

Fondey, W. B., appropriation, 

Fort Wayne and Chicago Railroad char- 
ter, amerdnjent, - - 80 

Frederick Ferry, Dyke and Plank Koad 

Company, _ _ _ 171 

G. 

Gallatin, salinereserve, rflative to sale of 17 
county boundary line, - - 143 

Galena, and Mineral Point Plank Road 

Company, amendment to chatter, 162 

and Chicago Union Railroad, - 165 

Gas Light Company, Springfield, charter, 189 

amendment, - - - 137 

Governor,appoint supeiintcndent public 

instruction, — - - 14 

secretary of, appropriation, - 25 
Grundy, county, authorized to borrow 



money, _ _ _ 

and Kendall Plank Road, amend- 
ment to charter, - 



H. 



153 

177 



Hamilton county boundary line, - 143 

Hardin county authorized to borrow 

money, _ _ _ 214 

Henry, amendment to town charter, - 226 
Hennepin, do do do. - 17.') 

Hiilman & Meeks, appropriation, - 25 



Illinois River Bridge Company, towns in 
La S.ille county authorized lo 
takp stock in Southern and Chica- 
go Railroad company, amend- 
ment, _ - - 193, 185 
Central Railroad, amendment, - 192 

Ives & Curran, appropriation, - 25 



J. 



Jacksonville, and Alton Railroad company, 
amendraenf, — - 85 

La Salle Railroad Company, amend- 
ment, - - - 207 
Jersey county, ro::d5 in, - - 150 
Johnson & Bradford;, appropriation, - 25 



INDEX. 



[v] 



Joliet, city charter amended, - - 187 

and Terra Haute railroad amend- 
ment, - - - 139 
do do do do 183 
Jones, G. W., See Ferry, - - 183 
Jonesboroand Mississippi Railroad Com- 
pany, _ _ _ 215 
Justice of the peace, additional, when 

elected, - - - 30 

how elected, - _ _ 30 

jnrisdiction, &c., - - 30 

K. 

Kalb, E. L., appropriation, - - 25 

Kankakee county, swamp lands in, 100 

title vested in county, - - 100 

authorized to borrow money, - 102 

Knoxvilie, city charter amended, - 173 



La Salle county, towns in, to take stock 

inlllinois River Bridge Company, 99 
amendment in relation to county 
court of, - - - 239 

Lacon, amendment to town charter, - 242 
Lockport, Plainfield and Yorkville Plank 

Road Company, amendment, - 239 

M. 

Marshal of city, to execute writs of po- 
lice magistrates, - - 12 

Macoupin county authorized to borrow 

money, - - - 81 

Madison County Ferry, continuance of 

charter, _ _ _ joi 

Macomb, Vermont and Bath Railroad, 

amendment, - - _ 175 

do do do do 237 

McHenry county, authorized to borrow 

money, - - - 81 

amendment in relation to law gov- 
erning county courts, - 239 

Mississippi, and Atlantic Railroad, con- 
struction authorized, - - 79 
Rock River Junction Railroad, 177 

Morris, town charter amended, - 195 

Mt. Carmel, town charter amended, - 164 

Mt. Vernon, court and library rooms at, 186 

Mt. Pulaski, amendment town charter, 146 

N. 

Nauvoo ami Warsaw Railroad,amendment 160 
Northern Cross Railroad, to confirm, - 212 
part to be used as a public high- 
way, - - - - 213 
Northwestern Plank Road Company, 

amendment. - - _ 224 



0. 

Ohio, and Mississippi Railroad, amend- 
ment, - - - - 78 
river and Wabask do do 176 

Okaw Bottom Plank Road Company, 

amendment, - - 133 

Ottawa, Northern Plank Road Company, 

amendment, - - - 84 

city charter amended, - 85,201 

Oswego and Fox River Railroad Com- 
pany, amendment, - - 158 

p. 

Pauper children, binding of, - - 24 

term of service, - - 24 

money of, - - - 24 

Peoria, act applicable, - - 30 

amendment to city charter, - 74 
and Farmington Plank Road 

Company, - - - 131 

and Bureau Valley Railroad, 
amendment, - - - 131 

Pekin, amendmept to city charter, - 157 

Petersburg and Springfield Railroad, 

amendment, - - _ 165 

Pike County Railroad, construction autho- 
rized, - - - - 75 

Pittgfield and Florence Plank Road, 

amendment, ... 157 

Plank roads, companies authorized to 

consolidate, - - - 9 

Ottawa Northern, amendment, 84 
Lockport, Plainfield and York- 
ville, amendment, - - 130 
Peoria and Farmington, amend- 
ment, . . . .131 
Okaw Bottom, amendment, - 133 
Pittsfield and Florence, do 157 
Galena and Rock Island, do 163 
in St. Clair county, do 166 
Frederick Ferry, Dyke, &c., do 171 
Grundy and Kendall, do 177 
Waukegan and Antiocb, do 180 
Winchester and Illinois river,do 203 
Belleville and Muscoutah, do 204 
Canton and Liverpool, do 205 
Vorthwestern, do 224 
Randolph county, do 236 

Polls at town elections, when closed, - 31 

Police magistrates courts established, - 11 
how commissioned and qualified, 12 
fees and additional allowance, - 12 
change of venue from, - .12 

practice and proceedings, - 12 

appeals from decision of, - 12 

Princeton, town charter amended, . 138 

Pre-emption rights to swamp lands, ^ - 2& 



I vij 



INDEX. 



R. 

Railroad companies, authorized to con- 

solitlate stock, - - 9 

general powers, - - 9 

power to increase capital stock, 9 

subscription of cities and coun- 
ties, - - - - 11 
Railroads — 

Belleville and Murphysboro, 

amendment, - - - 74 

Pike County, to construct, - 75 

Ohio and Mississippi, amend- 
ment, - - - 78 

Mississippi and Atlantic, author- 
ized to construct, - - 76 

Fort Wayne and Ctiicago R. R. 
Company, amendment, - 80 

Chicago and Rock Island Railroad 
Company, amendment, - 83 

Jacksonville and Alton, amend- 
ment, - - - 85 

Decatur and Indianapolis, amend- 
ment, - - - 86 

Peoria and Bureau Valley Com- 
pany, amendment, - - 131 

Joliet and Terre Haute Railroad, 
amendment, - - 183, 139 

Beardstown and Petersburg, 

amendment, . - - 141 

Chicago and Aurora, amendment, 143 

Ottawa, Oswego and Fox river, 
amendment, - ... 158 

Terre Haute and Alton, amend- 
ment, - - - 159 

Terre Haute and York Junction, 
amendment, - - - 159 

Nauvoo and Warsaw,amendment, 160 

Rockford and Rock Island, amend- 
ment, . . _ 163 

Galena and Chicago Union, 

amendment, - - - 165 

Petersburg and Springfield, 
amendment, - - - 165 

Macomb, Vermont and Bath, 
amendment, - - - 175 

Ohio River and Wabash, amend- 
ment, ... 176 

Mississippi and Rock River Junc- 
tion, amendment, - - 177 

Roclcton and Freeport and Rock- 
ton and State Line, amendment, 180 

Springfield and Terre Haute Rail- 
road, amendment. - - 183 

Illinois Southern and Chicago, 
amendment, - - - 184 

Illinois Central Railroad, amend- 
ment, - - - 192 

Illinois Southern and Chicago, 
amendment, - - - 193 

Chicago and Rock Island, amend- 
ment, - - - aoo 

Chicago and Mississippi, amend- 
ment, - - - 200 



Railroads — page. 

Jacksonville and La Salle, amend- 
ment, - - - 207 
Northern Cross Railroad, amend- 
ment, - - - 212 
Union, amendment, - 215 
Jonesboro and Mississippi, 

amendment, . - - 215 

Macomb, Vermont and Bath, 

amendment, ... 237 

Randolph County Plank Road Company, 236 

Recorders' court, Chicago, amendment, 150 

Rockford, city charter amended, - 103 

and Rock Island - - 163 

Rockton and Freeport Railroad, - 180 

Roads in Jersey county, - - 150 

Rock Island, and Whiteside counties, 

boundary line, - • 160 

city charier amended, - - 161 

s. 

Saline, reserve, Gallatin county, sale of, 17 

county boundary line, - - 143 

School district in McHenry county, - 137 

« " " La Salle, " - 145 

" " '• Adams, " - 221 

" trustees, acts of, in Alexander 

<:ounty, legalized, - - 179 

Secretary of state, appropriation, - 25 

Shawnessy, B. See Ferries, - - 140 

Sheep, law in relation to, in Will CO., - 145 
Simmons, Henry, See Ferries, - - 140 

Springfield, law reduced, incorporating, 35 
Gas Light Company chartered, - 184 
" " amendment, - 137 

State, revenue, how paid, - - 29 

house, appropriations for orna- 
menting grounds, - - 183 
State roads, duties of commissioners 

appointed last session, - 10 

reappointment of commissioners, 10 
in Du Page, Lake and Cook, aet 

creating repealed, - - 83 

from Peoria to Quincy, paitvaca- 

ted, - - - - 129 

in McLean, - - - 129 

from Chillicothe to Indiantown, 136 
from Peoria to Galena, - - 139 

from Waverly to Vandalia, - 142 
in Kane and De Kalb, - - 145 

from T, 7iN.,7 E., to Farmington, 148 
from Carlinville to Chatham, - 149 
in Lake and McHenry,- - 169 

from Waverly to Zanesville, - 172 
from Farmington to Burlington, 179 
in Bibb's addition to Jacksonville, 198 
in Washington county, - - 199 

in Marion count/, - - 206 

in Iroquois and Vermilion coun- 
ties, - - - - 210 
in Adams county, - - 213 
from Danville to Ottawa, - 216 
fromWaverly to Macoupin Point, 220 
St. Clair county, plank roads in, - 166 
Starne, Alexander, appropriation, - 25 



INDEX. 



[ vii] 



Superintendent common schools, office 

« created, - - - 13 

term of office, - - - 13 

take oath and give bond, - 13 

teep office at seat of goTernment, 13 

file papers, &c., - - - 13 

duties, - - - - 13 

make report annually, - - 14 

appointment, - - - 14 

report bill, - - - 15 

salary, - - - 15 

Supervisors, to examine assessment roll, 27 

duties in case of injunction, - 28 

appoint collector, - - 29 

fix time tor returns, - - 29 

assistant, election ot, - - 29 

administer oaths, - - 31 

Swamp lands, sale of, - - 19 

orders made by county courts, - 20 

application of excess, - - 20 

pre-emption, - - - 20 

evidence of title, - -. 20 

auditor to furnish abstract, - 21 

" duty, - - - 21 
clerk county court to execute 

deeds for, - - 21 

in Kankakee, - - - 100 

in Cook county, - - 184 

T. 

Terre Haute, and Alton Railroad, amend- 
ment, - - - - 159 
York Junction, • - - 159 
Towns, collection of taxes, - - 22 
side-walk taxes, - - - 23 
corporate authorities, powers of, 23 
Township organization — 

overseers ot poor, blind pauper 

children, - - - 24 
towns, how to raise money, - 27 
" boundaries, - - 27 
Town clerks to file certificate of elec- 
tion with county clerk, - 31 



Town, of Elgin, amendment to charter, 


88 


Princeton, 


(« 


(( 


133 


Dixon, 


(( 


« 


138 


Mt. Pulaski, 


« 


(t 


146 


Edwardsville, 


(C 


a 


151 


Mt. Carmel, 


a 


(( 


164 


Aurora, 


t: 


it 


168 


Hennepin, 


« 


« 


175 


Decatur, 


a 


li 


185 


Morris, 


a 


« 


195 


Carthage, 


(( 


(C 


216 


Henry, 


(>' 


i( 


226 


Lacon, 


(( 


« 


242 



u. 

Union, county authorized to borrow 

money, - - - 167 

Railroad, amendment, - - 215 

school district, Adams county, 
created, - - - 221 

V. 

Venue, change from police magistrates, 1;^ 
in county courts, - - 15 



w. 



180 



Warsaw, amendment to city charter, - 
Waukegan and Antioch Plank Road 

Company, . - - 

Wells, L. See Ferry, - 
White county boundary line, - 
Willett8,T. P. See Ferry, - 
Will county, sheep in, - 
Winchester and Illinois River Railroad, 

amendment, . - - 203 

Winnebago county, law in relation to 

county courts, - - 239 

Wood River Coal and Mining Company, 

amendment, - - - 128 



181 
. 136 
. 143 

- 213 

- 145 



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MHHMMl 



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