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DOCUMENTS COLLECTION
DO NOTTAKE FROM THIS ROOM
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.
0 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
0 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.
0 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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