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wton       ownprt 


~"  •      I I ....- J        ^..Ax...       aoc 

sIimII  be  ma(le  upon  or  paid  by  ai)y  peison,  when- 
§  18.  The  city  council  may,  by  ordinance^  m 
cliannes  they  may  deem  advisable  \\\  the  })ro( 
1  ereiii  prescribed  for  ascertaining  the  damages  an 
occasioned  to  any  person  or  real  estate  by  reaso 
condemnation  of  such  real  estate,  or.any  real  esta 
which  any  buildings  may  be  situated,  in  whole  or 
and  the  assessment  of  such  damages  and  injury  U] 
S"ns  or  real  estate  beni  fitted  by  the  improvemen 
all  such  other  respects  as  experience  may  suggest 
h  1^'  Where  any  known  own'T  or  other  persoi 
»r«  lu/iiiU,  &.C,  an  interest  lu  any  real  estate,  necessary  to  be  t 
ajipropriated,  or  which  may  in  anywise  be  afFected 
ceedings  under  this  act,  shall  be  an  infant,  residen 
cits  or  elsewhere,  tlie  judge  of  the  circuit  court,  ( 
county  court  of  Rock  Island  county,  may,  upon  tli 
cation  of  the  mayor  or  city  council,  or  of  such  infa 
next  friend,  aj^point  a  guardian  for  such  infant,  i 
security  from  such  guardian  for  the  faithful  exec 
such  trust,  if  deemed  necessary  ;  and  service  of  all 
suiiiinons  or  other  ])<ipers  required  by  this  act,  o 
on^iiinnce  in  pursuance  thereof,  shall  be  deemed  s 
and  jii  o^.er  service  thereof. 

Article  VII — ^^sser.sinents  for  Public  Improve 

§  1.  The  city  council  shall  have  power  from 
tifii*' — 

»ir^«(i  Mid  •!-  ri-st — To  cause  any  street,  alley  or  other  higl 
be  [graded.  r«  grafled,  leveled,  paved,  macadau 
jtlaiilfHd,  and  k«ep  the  same  in  repair,  and  all 
changf*  the  snine. 

•t4«  walks.  Strnid — To   cau'c  side   and    cross  walks,   mail 

and  '>»'W«  rs,  and  piivate  drains,  to  be  construe 
l.iid,  r»lnid,  f'leansj  d  and  repaired,  and  r»  gulater  th 

r«»iic«^m«r«  Third — To  grarlc,  imj)rov»',   protect  iuid  ornam 

fiub  in  Ffjuarc  or  otii«  r  public  ground,  now  or  In 
aid  Milt. 

;!  _'.  The  cxponsts  for  repairing  streets  and  hij 
coi.sf meting  ;uid  repairing  cross  walks,  main  dra 
gewiTfl  rhall  b»-  paid  by  the  city  out  of  the  gene 
prrtvf  merit  fund.  The  expenses  of  any  of  the  other  ir 
nu'-nti  riHincd  fexc»'pt  fiaewalk"j  atjJ  private  drain 
})f  pnl'1  ni:^  of    (he  '•aine    fund  j   r  r  mn3   be    asscesc 


PRIVATE  LAWS 


OF 


THE  STATE  OF  ILLINOIS, 


PASSED    AT    THE 


TWEITIETII  GENEKAL  ASSEMBLY, 


BEGUN  AND  HELD  AT  THE  CITY  OF  SPRINGFIELD, 


JANUARY  5,  1857. 


SPRINGFIELD: 

LANrniER  k  WALKKR,  PRINTERS. 
1857. 


Digitized  by  tine  Internet  Archive 

in  2010  with  funding  from 

CARLI:  Consortium  of  Academic  and  Research  Libraries  in  Illinois 


http://www.archive.org/details/lawsofstateofill1857privilli 


PRIVATE  LAWS. 


A.V   A.-T  10  incorporate  tla-  ^t.  l.oni^  Alton  mvI  Chi-.-o  Railroad  CoMipmy.  ^■""^y"  ''• 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
IHinnifi,  represcjited  in  the  General  Assembly,  That  Joel  A. 
Mattesoa  and  Elishd  C.  Litchfield,  and  their  associates,  Purchaser., 
the  purchasers  of  the  property  and  franchises  of  the  Chi- 
cago, Alton  and  St.  Louis  Railroad  Company,  embraced 
in  the  mortgage  made  by  said  company  on  the  2rtth  day 
of  January,  18.")0,  to  William  Fullerton,  Henry  J.  Brown 
and  Edward  Keating,  trustees,  be  and  they  are  hereby 
created  a  corporation,  by  the  name  of  the  St.  Louis,  Alton 
and  Chicago  Railroad  Company,  and  as  such  shall  possess 
the  rights,  powers  and  franchises  usually  possessed  by 
such  corporations,  and  also  all  the  privileges,  pow^fs, 
rights  and  fianchises  at  any  time  heretofore  possessed  by 
the  Chicago,  Alton  and  St.  Louis  Railroad  Company. 

§  2.  The  business  of  the  said  corporation  shall  be  man-  BuMne^ss.  h.. 
aged  by  nine  directors,  and  Joel  A.  Matteson,  Hamilton 
Spencer,  Samuel  A.  Buckmaster,  Lorenzo  P.  Sanger,  R. 
Eaton  Goodell,  John  Wilkinson,  John  Stryker,  Elisha  C. 
Litchfield  and  Ezekiel  Morrison  shall  be  the  first  directors  Director. 
thereof,  *id  shall  so  continue  for  the  term  of  three  years, 
and  until  others  are  duly  chosen  in  their  place.  In  case 
at  any  time  within  said  term  of  tliree  years,  any  of  the  five 
persons  firstly  above  named  as  directors,  shall  die,  be-  i. 
come  incapacitated,  or  resign,  then  the  remainder  ot  said 
five  persons  shall  nominate  a  person  who  shall  be  the  suc- 
cessor of  the  one  so  dying,  becoming  incapacitated,  or  re- 
signing. In  case  any  of  the  four  persons  lasily  above 
named  should  within  that  time  in  like  manner  die  or  cease 
to  act,  then  the  r^'mainder  of  such  four  persons  shall 
nominate  a  person  who  shall  be  the  successor  of  the  one 
so  dying,  becoming  incapacitated,  or  resigning.  Tiiere- 
after  the  directors  of  said  company  shall  be  elected  an- 
nually, by  the  stockholders,  at  such  time  and  place  a«?  shall 
be  fixed  by  the  by-laws  of  the  company. 


cttiiiy- 


S«rr»« 

lM»C 


1757.  6 

i«a«c«nidc3i«s.  5  :>,  The  said  corporation  s^all  havp  power  to  issue 
cer'ifioates  of  sliares  in  tlie  capital  stock  tlitreof,  to  an 
amount  not  oxceedin*;  t!ie  sum  of  tliree  million  live  iiundred  j 
thousand  dollars,  and  to  take  and  operate  the  railroad  I 
lately  owned  by  the  Chicago,  Alton  and  St.  Louis  Kailroad 
Company,  and  also  to  accept  a  surrender  of  the  lease  of  the 
said  riiilroad,  heretofore  maHe  to  Hamilton  Spencer,  and 
now  held  by  hiiu  or  iiis  assigns,  upon  such  terms  as  "may 
be  agreed  upon. 

«o  r^»i.«  »Ai!  ^  i.  Xhe  said  company  shall  have  power  to  recognise, 
a^^sume  aiul  make  valiil,  the  liens  upon  the  said  railroad, 
its  property,  real  estate,  franchises,  rolling  stock,  fixtures 
and  machinery  and  obligah'oiw,  by  way  of  mortgage  made 
by  said  Chicago,  Alton  and  St.  Louis  Railroad  Company, 
prior  to  January  '1\\  18j(! ;  and  all  liens,  bo!uls  and  mort- 
gages, so  assumed,  shall  thereby  become  and  be  iii  all  re- 
spects legal  and  binding  obligations  upon  the  said  Chicago, 
Alltin  and  St.  Louis  Railroad  Company,  according  to  their 
respective  tenor  and  effect,  anything  in  the  im-eption  or 
circulation  thereof  to  the  contrary  notsvithstanding.     And 

Ui'xttuM  T«i..i  all  mortgages  made  or  assumed  by  said  com\)any,  i![)on  itg 
"*"  rolling  stock   or   personal   ])roperty,  shall  be   valid   liens 

thereon,  although  not  acknowledged  as  is  required  1  y  the 
statute  touciiing  the  execution  and  recording  of  chattle 
mortgages'. 
tnrf-  5  o.  The  said  company  shall  have  i)Ower  to  make,  de- 
liver  and  secure  by  mort-  ge  of  its  l•^'»l  and  personal  estate, 
and  franchises,  such  bonds  as  it  may  d^^em  necessary  to 
capitalize,  pay  or  discljar^e  the  floating  debt  or  such  por- 
tion of  the  obligations  ot  tic  Ch'cago,  Alton  and  St.  Louis 
Riiilroad  Coiiijiany,  as  it  may  assuiue,  and  also  to  dispose 
of  and  sell  such  bondi  for  the  usf  otpaid   company. 

§  <>.     This  act  shall  take  effect  and  be  in  full  force  from 
and  after  its  passage. 

Approved  Jan.  Ill,  1^57. 


>■  rvT"  ..      .*.  ■  •  .1  ;../r:iU-  uiu  S..ri!iw<>   "1:1  I  '   I,  wui- loll,  Cook 


IM^ 


fOlllltV. 


Skction  1.  fie  il  ctinclcil  Inj  ////•  pe<i])lr  of  the  sliih:  (if 
f'^t'u'/in,  rt iirrHijitcd  in  tht-  (iriirrnl  jlsavnilih/^  That  Rev. 
C«^«rft(«M  llMftppf  C^f•w^•,  J.  1'.  Chatfer,  W.  B.  Slaughter,  James 
liaunip,  J.  W.  Agard,  Silas  Searlen,  Uarvey  Hayes,  Wm. 
P.  Jonef,  ► '  fi  ,  Thomaji  Milner,  Han.  Archibald  Williams, 
Joseph  Suppiger,  J.  W.  Jones,  H.  S.  Spalding,  Harrison 
E.  Hart,  C.  D«  Haven  Jones,  A.  C.  Stewart,  John  Link, 
J.  W.  Webb,  D.  J.  Pinckney,  F.  11.   Benson   and  B.  T. 


Taylor,  and  such  otber  persons  as  shall   be  appointed  by 

the  board  of  trustees   hereby  constituted,  or  by  the  Rock 

River  conference  of  the  M.  E.  church,  or  such  other  re- 

liiriou5?  body,   under  whose   patronage   the   same  may  be 

placed,  from  such  of  their  members  as  shall  be  nonunated 

by  the  said  board  to  succeed   them  in  office,  be   and  are 

hereby  constituted  a  body  politic  and  corporate,  under  the 

name  and  style  of  the  "Trustees  of  the  Northwestern  Fe-  N-^^'^.m  .ir^.. 

mah>  College;"  and  henceforth  shall  be  styled  and  known 

bv  that  name;  and  bv  that  name  and  style  shall  have  per-  t..  i  ^re  ^er^eiu- 

petnal  succession,  with  power  to   sue  and   be  sued,  plead 

and  be  impleaded;  to  acquire,  hold    and   convey  property, 

real,  personal  and  mixed,  in   all  lawful  ways;  to  have  and  General pc«fri. 

use  a  common  seal,  and  to  aUer  the  same  at  pleasure;  to 

make   and   aMer  from  time   to  time  such  by-laws  as  they 

may  dnem  necessary  for  the  government  of  said  institution, 

its  affairs   and  servants,  provided   such   by-laws  are  not 

inconsistent  with  th«   constitution   and  laws  of  this  state 

and  of  the  United  States;  and  to  confer  on  such  persons  as 

may  be  considered  worthy  su^h  academical  or  honorary  de-  nouorarydertM 

gret^s  as  arc  usually  conferred  by  iu'^titutions  of  the  highest 

grade  of  learning. 

5  2.     The  term  of  office  of  the  said  trustees,  whose  sue-  Term  or  oibm. 
cessors  shall  be  elected  by  the  board   aforesaid,  shall  be 
five  years,  the  term  of  three  members  expiring  in  each  year, 
and  tlie  term  of  the  six  appointed  by  tlie  R.  R.  conference 
or  such  other  relis^ious   body  under  whose  patronage  the 
same  may  be   placed,  shall  be  three   years,  two  to  expire 
annually,  and  their  successors  to  be  elected  of  such  of  their 
members  as  shall  be  nominated  by  l!;e  board  aforesaid;  the 
term  of  each  member  of  tiie  board  .herein  constituted  to  be 
determined  by  lot  at  the  first  meeting  of  the  board;  which  oyw.. 
board  shall  in    manner  above    specified    have    perpetual 
succession,  and  shall  hold  the  property  of  said   institution 
solely  for  the   purposes  of  education,  in  accordance  with 
the  terms  of  the  instruments   conveying  the  same  or  se- 
curing its   endowment;  and   no  particular  religious   faith  ^l'^nl'f8i?hre- 
shall  be  required  of  those  who  become   students  of  the  in-   nmn'i  fur  ad- 
stitution.     A  majority  of  the  board  shall  constitute  a  quo- 
rum for  the  transaction  of  any  business,  and  votes  may  be 
given  by  proxy  in  cases  of  necessary  absence. 

§  3.  The  said  R.  R.  conference  of  the  M.  E.  church  or 
such  other  r'^ligioiis  body  under  whose  patronage  said  col- 
lege may  be  plaeed,  shall  also  have  the  right  to  aj)jioint, 
annually,  two  or  more  suitable  persons,  rnt  mbers  of  their 
own  body,  visitors  to  said  college,  w!io  shall  attend  the  vi.u-r.. 
examination  of  students  and  be  entitled  to  participate  in 
the  deliberations  of  the  board  of  trustees,  and  enjoy  ail  the 
privileges  of  members  of  said  board,  except  tl\e  right  to 
vote. 


1S57.  8 

^  4,  Said  institution  shall  leraaiii  in  EAanston,  or  near 
Chicago,  in  the  county  of  Cook  and  the  corporators  and 
their   successors   shaM  be  competent   in  law  or  equity  to 

Mat   ».   ".    V  •".  take  to  themselves,  in  tlieir  paid  corporate  name,  real,  per- 

Busci'c.  .  ■  sonal  or  mixed  estate,  hy  gift,  grant,  bar<; 'in  and  sale,  con- 
veyance, will,  devise  or  bequest  of  any  pi  rson  or  persons 
whomsoever;  and  th^  same  estate,  whether  real,  personal 
or  mixed,  to  grant,  bargftin,  sell,  convey,  devise,  let,  place 

u,j  .  ut  at  interest  orothr-v.^vise  di<iposc  of  the  same, for  the  useof 

said  institution,  in  s>>ch  manner  as  to  them  shall  seem  most 
beneficial  to  said  institution.  Said  corporation  shall  faithfully 
apply  all  the  funds  collected  in  behalf  of  said  institution  in 
accordance  with  the  express  terms  of  the  gift,  grant,  bar- 
gain and  sale,  conveyance,  will,  devise  or  bequest  be- 
stowing tht'  same,  and  accepted  by  them,  according  to  their 
best  jiJgraent,  in  erecting  and  comj)leting  suitable  build- 
ings, supporting   necessary   otTicers,  instructors   and  ser- 

pr«carc    tn»ps  van^s,  and  i)rocuring  books,  maps,  chr.rts,  globes  ftnd  phi- 
ke.  losophical,  chemical  and  o(her  apparatus  necessary  to  the 

siiccess  of  the  said  institution,  and  do  all  other  acts  usual- 
ly performed  by  similar  institutions  tjiat  may  be  deemed 
nec'ssary  or   useful  to  the    success  of  the  said  institution, 

pr.  »«?^>  under  the  restrictions  herein  imposed  :   Pnn-iihd^  that  said 

N  CDrpnration  shall  not  be  allowed  to  hold  more  than  two  thou- 

sand acres  of  land  at  any  time,  unless  the  said  corporation 
shall  have  received  the  same  by  gift,  grant  or  devise,  and  in 
such  <;a<e  tfiey  shall  be  required  to  s»^ll  or  disposeof  the  same 
within  tin  years  from  tiie  time  they  shall  acquire  such  title, 
and  on  failure  to  do  so  such  land,  over  and  above  the  afore- 
said two  thousand  acres,  ^hall  revert  to  the  original  donor, 
grantor,  devisee,  or  his  heirs:  » /iid  pf'ovidc(/,/f/r//ir7y  th&t 
all  property,  of  whatsoever  kind  and  description,  belonging 
to  »aid   in^timtion   or  corporation,  shnll,  lor  the  purposes 

ffM  trvtaiAx*-  a*"or«'said,  be  and  forever  remain  free  from  all  assessments 
****"  and  taxation  whatsoever. 

T;e».«ir-.,4.7P  ^  .').  The  treasurer  of  the  institution  and  all  other 
agents,  when  required,  before  entering  on  the  duties  of 
their  appointment,  shall  give  bond  for  the  security  of  the 
corpor   ■  urfi  penal  sum  and  with  such  securities  as  the 

corp  jr.  II  4ppr()ve;  and  all  process  against  the  cor- 

poratlin  .'ifiHli  he  by  sujnmons,  and  the  t »  rvice  of  the  same 
shall  be  by  Icax  ing  an  atUslcd  coj)y  thereof  with  the  treas- 
urer, at  least  nixty  days  before  the  return  day  thereof. 

§  t).  Th(!  cor[)oralion  shall  have  power  to  establish 
chairn,  to  Frnploy  and  appoint  a  president  or  principal  for 
laid  institntioti,  who  f!iall  be,  i.i-nj/ir/i/  member  of  the 
hoard  of  trnstefi,  and  all  such  |>ror'S.-if)r.ships  or  teachers, 
and  all  ouch  ncrvants  as  may  be  nee  si^ary,  and  shall  have 
-•■  -  to  displace  any  or  sne!i  of  th»  in  as  the  intercstf;  of 
itution  may  require;  to   fill  vacancica  wliich  may 


W/rid 


9  1J5.'>T. 

happen  by  death,  resignation  or  otherwise  among  saitl 
ofiicers.and  servants;  and  with  the  faculty  to  prescribe  and 
direct  tlie  courjc  of  studies  to  be  pursued  in  said  institu- 
tion. 

§  7.  The  corpuralion  shall  have  power  to  establish  de-  "■■  oimh^u  lu- 
partments  for  the  study  of  any  and  all  the  liberal  and 
Icarued  professions  in  the  same,  to  confer  t'fie  degrees  of 
doctor  in  the  lear»>ed  arts  and  sciences  and  belles  letters, 
and  to  confer  such  other  academical  degrees  as  are  usually 
conferred  by  the  most  leuined  institutions. 

§  8.     Said  corporation  shall  have  power  to  institute  a  Bonruf  examiu- 
board  of  competent  persons,  always  including  the  faculty, 
who  shall  examine  such   individuals  as  may  apj)ly,  and  if 
such  applicants  are  found  to  possess  such  knowledge  pur- 
sued in  said   institution  as  in  tiie  judgojent  of  said   board 
renders  them  worthy,  they  may  be  considered   graduates 
in  course,  and  shall  be  entitled  to  diplomas  accordingly,  on  Diiiom..  . 
paying  such  fees  as  the  corporation  shall  affix,  which  fee 
shall  in  no  case  exceed  the  tui'ion   bills  of  the  full  course 
of  studies  in  said  institution.     Said  examining  board  may  k,,-    t.,   cxceej 
not  exceed  the  number  of  nine,  three  of  whom  mc.y  trans-    '^"'•■ 
act  business,  provided  one  be  of  tlie  faculty. 

§  y.  Should  the  corporation  at  any  time  art  contrary 
to  the  provisions  of  this  charter  or  fail  to  comply  with  the 
same,  upon  complaint  being  made  to  the  circuit  court  of 
Cook  county,  a  scire  facias  shall  issue,  and  the  circuit  at-  sare  facia  to 
torney  shall  prosecute  in  behalf  of  the  people  of  this  state 
for  the  forfeiture  of  this  charter.  This  act  sliall  be  a  public 
act  and  shall  be  construed  liberally  in  all  courts  for  the 
purposes  herein  expressed. 

Approved  Jan.  lU,  1857. 


ibjue  upvU  cue* 


AN  ACT  to  incorporate  tlie  Tonica  and  Peteraburg  RailioaJ  rompauy.     '"  '"'"^c^^"    "' 


1667. 


SECTION   1.     Be  it  enacted  hy  tJic  people  of  the  state  oj 
ft/inuisj   represented  in.  the  General  Jlssemhly^    That  Al- 
bert Reynolds,    Elijah   N.   Farnsworth,  Jesse    Hammers,  c-iroraior«. 
Henry  R.  Green,  John  Bennet,  William  G.  Green,  William 
Crow,  Josiah  Sawyer  and  Richard  Yates,  and  their   asso- 
ciates, successors  and  assigns,  are  hereby  created  a  body 
politic  and  corporate,  under  and  by  the  name  and  style  of  r.^;y  c«rpor»t«. 
"The  Tonica  and  Petersburg  Railroad   Compa?iy,"    with  N"^' 
perj)etual  succession  ;  and  by  that  name  and  style  s;ia!l  be 
and  «re  hereby  made  capable   in  law  and  in  equity  t*'*  sue- 
and  be  sued,  plead    and  be  impleaded,  def<^nd   and  be  de- 
fended in  all  courts  ol  law  and  equity  in  this  state  or  else- 


^»p:  :«   l»vii< 


P«wir 


1S57.  10 

it-e^  ,.^..i.  where;  to  make,  have  aiul  use  a  connuon  seal  and  alter 
the  same  at  pleasure;  autl  by  thai  na»ne  and  style  shall  be 
capable,  in  law,  of  takiiii^,  holtlinsj,  purchasing,  leasing, 
selling  anil  conveying  estate  ami  j)roperty,  r^al,  personal 
anil  mixed,  so  far  as  th»»  same  mtiy  be  necpssary  for  the 
purposes  hereinafter  named,  and  not  further;  and  shall  be 
and  are  hereby  vested  with  all  the  powers,  privilege's  and 
immunities  whieli  may  be  necessary  to  carry  into  effect 
the  ohji'Ct'?  and  purposes  of  this  act. 

^  5  i2.  The  s,\id  cunpany  sliall  have  power  and  authority 
to  locate  and  from  time  to  time  to  alter,  change,  relocate, 
consrrucf,  reconstruct,  finish,  maintain  and. operate  a  rail- 
road, with  one  or  more  tricks,  commencing  at  a  point  at 
or  near  Tonica,  on  the  Illinois  Central  Railroad,  running 
t'tence  through  Ma£:;nolj^,  in  Putnam  county,  Lyons  and 
Man'ua.  in  Marshall  eonnty,  Mftamora,in  Woodford  coun- 
ty, Tremont  and  Delevan,  in  Tazewell  ••ounty,  Petersburg, 
in  Menard  cotinly,  at  or  near  Crow's  Point,  in  Cass  coun- 
ty, and  terminating  at  Jacksonville,  in  the  county  of  Mor- 
gan, upni  the  most  eligible  route,  to  be,  by  said  company, 
selected  ;  and  for  the  purpose  of  constructing  the  said 
railroad  said  company  shall  have  power  to  layout  and  es- 
tablish theirs.iid  road,  in  wiit!j  not  evcecding  one  hnmlrcd 
feet,  througli  the  entire  len_;t!i  thereof,  and  lor  the  purpose 
of  constructing  bridges,  dams,  embankments,  excavations, 
spoil-banks,  engine  hou'^es,  depots,  station  grounds,  machine 
shops,  turn-iab!*>s,  turn-ont-i  and  all  otlu-r  bnildi"gs  and 
fivturcs  nece3«^ary  and  suit.iHlc  for  the  con>'truction,  alter- 
ing, maintaining  and  opt-rating  said  mad  ;  and  aK'o,  for  ob- 
tainir  -  •  ^  -  :^ry  st'ru',  gravel  and  sand,  the  said  compa- 
ny in  use  and  occupy  all  necessary  lands  upon 
♦•i'l'T  n; -Ii;  ul  said  road. 

The  said  company  shall  have  power  to  take  and 
hold  all  such  volui\tar)  grants  and  donations  of  lands  and 
real  estate,  as  may  be  made  to  said  coinpnny,  to  aid  in  the 
con<truction,  maintenance  and  accommodation  of  said  road, 
and  to  take  and  receive  grants  and  conveyances  of  any 
and  p.l!  e«fate  therein,  to  Rai«l  company  and  their  succes- 
,,r  '•  or  assif»ns,  in  fee  or  ollierwi>"e  ;  and    that  the 

ri  ^  ly  and  the  real  estate  punhased  for  tlu^  right  of 

way  for  gaid  company,  whether  l»y  miitual  agrei  mcnt  or 
ot'  -  •  -,  or  which  shall  become  lli  ^  property  of  the  com- 
|,,  ration  ot  law,  a^   in    this   act  provided,  shal.', 

ii|  '    of  the  amount  of  money    belonging  t» 

tl,.  .  rs  of  fiaid  liijul'i    as  n   compensation   for 

the  same,  become  the  property  of  suid  corporation  in  fee 
fimple. 

5    I.     Ti  '•  said  company  ftf    hereby  nuthori/ed,  by  their 
|.,  lits  Qn<l  i«nrv«y  i  ",  lo  rrit<  r  uj)on   any  Inndf 

f  .  (;  of  making  the  necessary   survey  and  cx- 


0«asi;>ai. 


I  •■.  »■  mtf. 


•*'»«7«*t  loci- 


11  i8r>7. 

aminntions  ..f  said  road,  and  t<>  enter  upon  and   take  and 

hold  all  lands  necessary  for  the  construction  of  said  road, 

and  all  such  lands  as  may  be  rec^uired    in  the  construction 

of  bridj^es,  dams,  embankments,  excavations,  spoil-banks, 

turn-outs,   depots,  engine    houses,  shops,  turn-tables,  and 

other  necessary  improvements    or  buildings,  first  making 

just  compensation  to  the  owners  oroccupiirs  of  said  lands 

for  damages  that  may  arise  to  them  from  the  appropriation  uamaiM. 

thereof  to  the  uses  aforesaid;  and  ni  case  said  company 

shall  not  be  able   to  obtain  the  title  to  tlie  lands  required 

for  saiil   uses,   by  f)urcliase   or  voluntary  cession,  the  said 

company   are  hereby  authorized  to  proceed   to  ascertain 

and  dettrmine   the  damages  sustained  by  such    owners  or 

occu|)iers,   and  obtain  right  and  title  to   said   lands   in  the 

manner  and  upon  the  principles   provided  in   "An  act   to  i.awcf  ngu  •; 

amend  the    law  condemning  right  of  way  for   purposes  of   ^'"^ 

internal  improvement,"  approved  June  22d,   1852,   or  in 

tlie  manner  and  upon  th  i  principles  piovided  by  any  other 

act   that  may    have    been    or  may  ht^eal'tr  be  passed  by 

the  general   assembly  of  tl;e    state    of    Illinois   to  enable 

railroad  companies  to  appropriate  lands  lur  the   purposes 

aforesaid. 

§  o.     The  said  board  of  directors  shall  have  power  and  uiv,.i..p  . 
authority  to  provide  in  their  by-laws,  if  they  in  their  discre- 
tion shall  think  proper  to  do   so,  for  th«  construction  of  said 
road  by  division.*,  and  in  such  case  it  may  be  lawful  for  the  » 
subscription  oftlie  stock  to  be  taken  and  subscribed  for  eitiu-r 
of  the  said  divisions,  or  for  the  whole  of  the  said  road,  as  thosa 
taking  and  subscribing  for  the  same  may  deem  proper;  and  in 
the  event  that  the  whole  or  any  portion  of  said   stock  be 
taken  ar:d  subscribed  for  b^  divisions,  the  amount  of  stock 
so   taken  and    subscribed   shall    be  applied  and  expended 
in  the    construction  of  that  particular   division  for  which  Piiiii-uiardiTi.- 
the  same  was  taken  :    Provided^  ihat  should   the  amount    ""*• 
raised  for  any  division  be  a  surplus  or   more  than   will  be 
required  for  tiie  construction  of  said  division,  such  surplus 
shall  go  to  the  whole  road  as  an  entire  road,   and  may  be 
appropriated    in  such   manner  and    at  such  places  on  the 
road  as  the  company  may  decide. 

§  G.  Thatqll  the  rights  acquired  by  and  all  the  obli-  om  wsociaiio.. 
gations  incurred  by  an  association  heretofore  formed  and 
organized  for  the  purpose  of  constructing  and  operating  a 
railroad  from  a  point  at  or  near  Tonica,  on  the  Illniois  Cen- 
tral R.wlroad  to  Petersburg,  in  Menard  county,  state  of 
Illinois,  and  kni»wn  by  the  name  of  "Tlie  Tonica  and 
Petersburg  Railroad  Company;"  are  hereby  made  and  de- 
clared of  legal  effect,  as  though  the  said  corporation  had  Lugii  ec\»«t. 
been  constituted  a  body  politic  and  corporate  by  legal  en- 
actment and    organization  thereunder,  and    that    the   said 


c.« 


1S5T.  12 

corporation  sliall  succeed  to  all  tlie  rights  and  obligations 
ol  the  sail!  association;  and  that  tho  oflficors  or  directors  of 
said  assooialiim,  or  person  or  ptrs'Mis,  claiming  or  having 
»*  •   •  •       :iinc,  shall   transfer,  convey  and   deliver  to 

.1  all  moneys  or  property  acquired  by  or 
heid  to  the  use  of  said  association,  als  i,  ull  books,  maps, 
profiles  and  all  papers  of  every  description,  pertaining  to 
the  same,  to  be  ticld  and  used  by  the  said  corporation  in 
ea'  ;it  the  pfo\ijions    of  this    acL;  that    all  bonds, 

no:  ,    lacts    and    promises   of  every    kind    made  with 

said  a>dociation  or  its  officers  or  agents  in  respect  to  said 
railroad  or  its  construction,  shall  inure  to  the  benefit  of  the 
siad  corporation,  and  shall  be  binding  and  effectual  as  if  made 
with  said  corporation  ;  and  all  debts  which  may  be  due 
from  the  saiil  association,  and  all  contracts  or  obligations 
to  be  perr»r:ned  by  it,  shall  be  bimling  upon  the  said  cor- 
poration, as  if  such  debts',  contrails  and  obligations  had 
been  made  originally  by  the,  same  :  Pr</iidc(i^  tin  t  all 
subscribers  who  have  subscribed  to  the  capital  stock  of 
the  said  associalion,  shall  be  tleemed  to  be  stockholders  in 
the  said  co'p->ration,  *o  the  extent  and  in  proportion  to  the 
amounts  so  sr.bscribed,  aid  shall  b<^  entitled  to  all  the 
ri^lit?  and  subject  to  all  the  liabilities  with  other  stock- 
holders who  sliall  hereafter  subsciib«-  to  the  capital  sleek 
o  f  said  corporation,  under  and  in  pursuance  of  the  pro- 
visions of  this  act. 

5  7.     Ti»i»  capital  stock   of   saW  don  shall  enn- 

sist  >f  two  milliiins  of  dollars  and  jik.^  i>«  ijicreased  by  the 
dirt  ''icrs  of  said  company  to  any  sum  necessary  to  com- 
plete and  equip  saiti  road,  and  tlv  sanu  shall  be  subscribed 
lor  and  taken  under  the  directiun  of  the  bo.ird  of  directors, 
at  such  timt  s  and  places,  and  in  »ueh  manner  as  the  direc- 
tors shall  from  time  to  time  direct.  Tlie  said  capital  stock 
shall  be  dividfd  into  shares  of  one  liiindM'd  dollars  lach  ; 
shall  be  ileemed  personal  ])r(»p(rt};  >liall  be  liable  to  be 
swid  linder  ext  cution,  and  shall  be  transfeiable  in  such 
manner  and  at  such  places  as  shall  be  ordered  by  the  board 
.  of  direetrjr'. 

^  H.  All  of  the  corporate  powers  of  said  company 
shall  be  v<'sted  in  and  exercised  liy  a  board  of  diri  -  tors, 
of  not  more  than  nine  nor  less  than  five,  to  be  dettrmined 
by  the  stoeklioldcrK,  and  to  be  chosen  aniniiiHy  by  the 
stockholders  from  among  themselvjs,  who  shall  hold  tlieir 
offices  for  one  \e.»r  affer  their  olecliou,  or  until  their  suc- 
are  electt-d  and  qualifj*  d.  Tlie  time  and  manner 
iiig  the  annual  eleeticn  for  thr-  « lection  of  directors 
shaii  be  fixed  and  deterndned  by  the  by  laws  of  the  com- 

f>anv;  and  a'  nil  such  elections  of  din  (Mors  each  stock- 
lohler  fhall  be  entitled  to  one  vole  for  eaeh  share  of  s'ock 
Ijuna  full  iM-ld  by  him,  i!inl  m.iy  vole  in  person  or  by 
proxy.     The  said  directors  shall   have  power  to   appoint 


13  1857. 

all  necessary  clerks,  secretary  and  otiier  officers  or  agents 
nect'ssi  ry  in  llie  transaction  of  the  business  of  the  board. 
The  ?aid   directors,  a  majoiity  of  wliom  shall  constitute  a  Qu^"^"". 
quorum,  shall   elect   one  of  tlit-ir  own  number  to  be   the 
president  of  the  company. 

§  9.     In  case  of  the  deatii,  resignation  or  removal  of  the  ^**^''"='" 
president  or  anj  director,  at  any  time  between  the  annual 
elections,  sucii  vacancy  may  be  filled  for  the  remainder  of 
the  year,  whenever  it  may  liappen,  by  the  board  of  di'ec- 
torsj  and  in  case  of  absence  of  the  ))resident,  the  board  of 
directors  shall  have  power  to  aj)poiiit  a  president  y/rc  /<m., 
who    shall  have  and    exercise  all    the  powers  of  the  legal 
president  of  the   company.     In  case  it  shall  at  any  liuie  m  »ase  no  eie«- 
happen  that  an   election  of  directors  shall  not  have  been  D,alic, 'how  u 
made  on  the  day  on  which  it  ought  to  have   been  made  in  i"^"'^*^^"*- 
pursuance    of  the   provisions  of  this    act,    the  said    cor- 
poration shall    not  for  that  cause  be  dissolved,   but  sucli 
election  shall  be  hf^lden  at  such  other  time  as  shall  be  di- 
rected by  the  by-laws  of  said  corporation. 

§  10.     The   first  board   of  directors  of  said   company  ^''■-"^aruoidi- 
shall   consist  of  Albert  Reynolds,  Elijah  N.  Farnsworth, 
Jesse  Hammers,  Josiah  Sawyers,  Henry  R.   Green,  John 
Beunet,   William  G.  Green,  William   Crow  and    Richard 
Yates,  who  shall  hold  their  offices  until  the  next  annual 
election  of  directors,  or  until  their  successors  are  elected 
and  qualified.     Said  board  of  directors  shall  cause  books  car,e  took*  u 
to  be  opened  for  subscription  to  the  capital  stock   of  said   Reopened, 
corporation,  at  such  time  and  in  such  manner  as  they  shall 
by  their  by-laws  direct. 

§  11.  It  shall  be  lawful  for  the  directors  to  make  calls  caiu  for  tub. 
upon  the  sums  subscribed  to  the  capital  stock  of  "said  cor-  ^"p*'""*- 
poration,  at  such  times  and  in  such  amounts  as  they  shall 
deem  fit,  giving  at  least  thirty  days'  notice  of  each  of  said 
calls  in  at  least  two  newspapers  published  in  the  vicinity 
of  said  road;  and  in  case  of  any  failure  on  the  part  of  any 
stockholder  to  make  payment  of  any  call  made  as  atVc' 
said  by  the  said  directors,  for  sixty  days  after  the  same 
shall  have  been  made,  the  said  board  of  directors  are 
hereby  authorized  to  declare  said  stock  so  in  arrears  and 
all  sums  paid  thereon  shall  be  forfeited  to  the  company;  F,..,it„r, 
and  said  company  shall  have  the  power  and  authority  to 
institute  suit  in  any  competent  court  and  recover  judg- 
ment against  any  such  defaulting  subscriber  or  subscribers 
for  such  amount  of  said  stock  as  he  or  she  or  they  may  be  so 
in  arrears  as  aforesaid. 

§  1-.     The  said    corporation    may  transport    upon  said  Tra»p  ruucn. 
railroad  persons,  merchandise  and  property,  by  the  power 
of  steam  or  of  animals,  or  of  any  other  power  or  combi- 
nation of  powers,  and   may  regulate  the  time  and  manner 
in  which  goods,  cffe«ts  and  persons  may  be  transported  on 


1857.  14 

the  same,  and  may  prescribe  the  manner  in  which  said 
raihoiul  may  be  used,  and  the  rate  of  toll  for  the  transpor- 
tation iif  persons  and  property  thereon,  and  for  the  storage 
of  me'-chandisc  and  other  property  under  their  ciiarge,  and 
shall  1  avo  power  to  provide  all  necessary  stock  and  ma- 
terials for  the  operation  of  said  road,  and  to  erect  and 
maintain  all  necessary  depots  and  other  buildings  and  ma- 
chinery for  the  accommodation,  management  and  opera- 
tion of  said  road.  The  said  directors  shall  have  power  to 
Br-!awi.  make  all  necessary  rules,  regulations,  ordinances    and  by- 

laws, whielj  they  may   deem  necessary    and    expedient  to 
aPi*oniplish  the  designs  and  purposes  and  to  carry  into  ef- 
fect the  provisions  of  tliis  act. 
ffaur  tor  oi>.      §  1:^).     If  any  person  shall  maliciously,  wilfully  or  wan- 

**'*^"**"  tonly,  or  shall  negligently  obstruct  tlie  passage  of  any  car 
on  said  r  .ilroad,  or  upon  any  part  thereof,  or  anything  be- 
longing thereto,  or  shall  damage,  break  or  destroy  any  part 
of  the  said  railroad,  or  implements  or  buildings  beloMging 
to  the  same,  he,  she  or  they,  or  any  person  assisting,  shall 
forfeit  and  pay  said  company  for  every  such  ottVnce  treble 
the  amount  of  damages  that  shall  be  proved  before  a  com- 
petent court  has  been  sustained,  and  be  sued  for  in  the 
name  and  belialf  of  said  company;  and  sucli  otft'iider  or 
olT'-nders  shall  be  deemc  d  guilty  of  a  misdemeanor,  and 
shull  be  liable  to  indictment  in  the  same  manner  other  in- 
dictments are  found,  in  any  cotinty  or  counties  where  such 
offence  shall  have  been  committed  ;  and  upon  conviction 
every  suc'i  offender  sljalJ  be  lialilf':  to  a  fine  not  «'x«M'«'(ling 

fm*  one  thousand  dollars,  for  tlie  use  of  the  county  wlieic  such 

indictment  may  be  found,  or  shall  be  imprisoned  in  the 
penitentiary  n'^t  exeee<li:.g  five  years,  or  both,  in  the  dis.. 
cretion  of  the  court  before  whom  the  same  shall  be  tried. 

T.. oyrow  iMoer  §  14.  Said  company  is  liereby  authorized,  from  time  to 
time,  to  borrow  suoh  sum  or  sums  of  money  as  may  be 
necessary  for  comphting  and  operating  their  said  road, 
and  to  is<»Ut' and  di<5pos»!  of  their  bonds,  in  denominations  of 
not  less  than  five  hundred  dollars,  for  any  amojint  so  bor- 

u»ntM*     pfo-  rowed,  and  to  mortgage  their  corporate  property  and  fran- 

**  '  chi^r-i,  and  convey  the  .same  by  deed  of  trust  to  sre.nre  the 

payment  of  ariy  debt  nontraeled  by  the  said  company  for 
the  purposes  afore'?aid  ;  arid  thr-  direetors  of  said  company 
may  confer  on    any   bondhohlcrs  of  any  bonds    issned  for 

Bicbt  ii> '■•DTArt  money  borrowed  as  aforesaid,  the  right  to  convert  the 
rinrit*!  iau>  pri^jpjpal  due  or  owifig  tlirreon  into  the  stock  of  said 
comiiany  at  any  time  not  exeefding  ten  years  from  the 
datH  of  the  bond,  nnder  sneli  regulations  as  the  directors  of 
said  company  may  see  fit  to  adopt;  and  all  sales  of  bonds  for 
lei",  than  their  par  value  shall  he  good  and  valid  and  as  bind- 
ing upon  said  corporation  as  if  tlie  same  were  «old  for  the 
full   amount   thereof  j  and   said   corporation  may  loan  any 


1-^  1857. 

surplus  funds  at  such  rate  of  interest  as  is  now  allowed  up- 
on any  raoiu;y  loaned  by  the  laws  of  this  state  :   Provided,  Provmo 
nothing  herein  oimtained  shall  be  so  construed  as  to  con- 
fer bankin<j;  priviUges. 

§  15.     The  certiticate  of  the  secretary  of  said  company,  KTidcme 
under  the  corporate  seal  thereof,  shall  be  received  in  all 
courts  of  justice  and  elsewhere  as  e\idence  of  the  regular 
organization  of  said  company  under  its  charter  and  of  any 
act  or  order  o\'  the  board  of  directors  of  said  company. 

§  H>.     That  whenever  it  shall  be  nt-cessary  lor  the  con-  int«rfeciion    of 
struction  of  said  railroad  to  intersect  or  cross  any  water   """''■ '^'''"''* 
course,  or  any  road  or  highway  lying  between  the  points 
aforesaid,  it  shall  be  lawful  for  the  corporation  to  construct 
ther  railroad  across  or  upon  the  same  :   Provided,  that  the 
corporation  shall  restore  the  water  course  or  road  or  high- 
way thus  intersected  to  its  former  state,  or  in  a  sufficient 
manner   not  to   have  impaired    its  usefulness.     It  shall  be 
law  ul  for  the  said   company  to  unite   with  any  other  rail-  rmon  with  other 
road   company  which  may  have   been  or  hereafter  may  be    '^'"''*' 
incorporated  by  this  state,  and  to  grant  to  any  company  or 
Comj)unies  the  right  to  construct  and  use  aW  or  any  j)ortion 
of  the  road  hereby  authorized  to  be  constructed  ;  also  the 
right  to  sell,  lease,  or  to  convey  the  same  to  said  company 
or  companies,  or  consolidate  its  stock  therewith  and  place 
the  management  and  control  of  the  same  under  such  board 
of  directors,  upon  such  terms   as  may  be  mutually  agreed 
upon  by  the  said  railroad  companies. 

§  17.  The  said  corporation  shall  have  power  to  construct  a  Northern  ezten- 
northern  extension  of  said  road  to   Ottawa,   and   in   the 
event  of  the  extension  of  said  road  to  Ottawa  the  said  cor- 
poration shall  not   b*  compelled  to  construct   that  part  of 
the  road  provided  {ov  in  the  second  section  of  this  act,  which 
lies  between  Tonica  and  Magnolia,  unless  said  corporation 
shall  in  their  discretion  see  proper  so  to  do,  but  shall  have 
power  to  run  said  road  on  the  most  eligible  route,  between  moh      eligible 
Magi.olia  and  Ottawa,  crossing  the   Illinois  Central  Rail-    Sisanul!! 
road,  either  at  Tonica  or  at  a  point  on  said  Illinois  Central 
Railroad  <!outh  of  Tonica,  as  said  cotnpany  may  deem  most 
for  the  interests  of  said  road  ;  and  said   corporation    shall 
also    liive  the   power  to    construct  a  branch  of  said    road  Brsnch. 
from  Petersburg  to  New  Berlin,  on  the  Great  Western  road, 
and  also  a  southern  extension  of  said  road  from  Jackson- 
ville, in  the   direction  of  Waverly  and   Carlinville  to  such 
point  on  the  Illinois  Cf  ntral  Railroad    as  the  said  corpora- 
tion may  hereafter  determine;  said  extension  and  branches 
to  be  constnujted  in  every  respect  according  to  the  pro- 
visions, requirements  and  limitations  of  this  act 

§  18.     This  act  i    hereby  declared  to  be  a  public  act  and 
shall  be  in  force  from  and  after  its  passage,  and  said  com- 


1857.  10 

pany  shall  commence  its  work  within  five  years  and  com- 
plete the  same  within  ten  years  after  the  passage  ot'  this 
act. 

Appro VKD  Jan.  lo,  1857. 


■  M 


\  ACT  t..  i:i.  ..■;., ,ruo  t'l  ■  Ko".    '  i  aul  TT  - '.r.r.l  U.nlroad  Company. 

Ot.i   liu.^      1.        J>r     il   (  iilU'iii    I'ij   liii     jniijiii     iij     ilii      sliltc   Oj 

fl/inois,  riprcaciitdi  in  the.  (fcmraf  %issit?i')/t/^   Tliat  John 
N«r  M.   Caproii,  Ec;bcrt  Aycr,  Thomas    Paul,  John   Cornell, 

^'  \Vm.  ]).  Of^tlcn,  John  Bradley,  J.i^on  Marsh,  Georpje  Hus- 

kell,  David  S.  Pcnficld,  Rob'ert  P.  Line,  Charle«i  II.  Spaf- 
ford,  .Vnsion  S.  Miller,  Chester  C.  Brip;i^s-,  Jesse  IJlinn  and 
Seely  Perry  arc  liercby  made  and  constituted  a  body  cor- 
siyo.  porate  and  politic,  by  the  name  and  style  of  "The  Kenosha 

and  IloL-k'brd  Railroad  Company,"  with  perpetual  succes- 
sionj  and  by  that  name  and  style  shall  be  capable,  in  law, 
c«^e->  '  »  .  of  taking,  purchasing,  hohling,  leasing,  Felling  and  con- 
vcjing  real  and  personal  estate  and  property,  so  far  as  the 
same  may  be  necessary  for  the  purpose  hereinafter  men- 
tioned;  and  in  their  said  corporate  name  to  stic  and  be 
•^ued  ;  1  '  Cduunon  seal,  wliich  tliey  may  alter  or  re- 

o«-  .'  new  at  J  j  to  have  a  capital  stock  of  eight  Inuidred 

thousalid  dollar.?,  to  be  divided  into  shares  of  one  hundred 
dollars  each,  wliich  said  capital  may  be  increased  from 
time  to  time  by  a  vote  of  a  majoiity  cf  the  directors  of  thi.s 
corporation,  to  any  {^um  requisite  for  the  completion  and 
ful'illment  of  the  objects  and  j)urposes  of  the  corporation 
hereby  crcatt.d  ;  and  .<?aid  ahovenained  persons  shall  be 
and  constitute  the  first  board  of  direetors,  and  may  have 
and  exercise  uU  powers,  rights,  privileges  and  immunitie.o 
which  are  or  may  be  neccs.'sary  to  carry  inio  cfTect  the  pur- 
poses and  object  of  this  act  as  hereinafter  set  forth, 
pif  52.     Said  dii  iiiize  the  hoard  as  soon  as 

practicable  aflt.  ^  iiis  act,  by  electing  one  of 

their  ntimber  president  and  by  apjjoiuting  a  secretary  and 
treajurcr;  which  organization  .sliall  be  certifi»'d  by  said 
directors,  or  a  majority  of  them,  and  such  certificate  shall 
be  recorded  in  llic  record  book  of  said  cr)mj)any,  and  said 
record  fihall  be  sufTuicnt  (  videnee  of  Buch  organizafion. 
And  said  directorfl  f  hall  hcdd  their  offices  until  the  first 
Wednesday  of  Octobtr  folhAving  tin  irOrganizatirm,  and 
until  their  successors  .shall  be  elected  and  qualified,  as 
hereinafter  provided.  All  vaeanries  in  said  board  rnny  be 
filled  by  a  vote  of  two-thirds^of  the  directors  present  at  any 


17  1857. 

regular  meeting  of  the  board  or  at  a  special  meeting  called 
for  that  j)iirpose. 

§  o.  The  said  corporation  is  hereby  authorized  and  corptiaiKm  »n- 
einpowered  to  accej)t  and  recei\e  from  the  Kenosha  and  cJiVJl uuMitr 
Rockford  Railroad  Company,  heretofore  organized  and  now  l/.t/^x"'^'""" 
acting  as  a  corporation  under  tlie  general  law  of  this  slate 
for  the  incorj)oration  of  railroad  companies,  a  transfer  of 
the  suhsciiption  lists,  surveys,  maps,  plats,  privileues, 
francliisrs  and  effects  of  the  said  Kenosha  and  Rockford 
Railroad  Company  ;  and  on  such  transfer  being  made,  by 
the  same  being  recorded  in  the  record  book  of  this  com-  Bec.iJoj. 
pany  and  signed  by  at  least  two-thirds  of  the  directors  of 
said  Kenosha  and  Rockford  Railroad  Comj)any  and  of  this 
company,  tlien  this  company  shall  succeed  to,  have,  main- 
tain and  exercise,  in  its  own  corporate  name  and  power,  all 
the  rights,  privileges,  acquirements,  property,  effects  and 
franchises  of  said  Kenosha  and  Rockford  Railroad  Company, 
be  subject  to  all  the  liabilities  thereof,  as  fully  as  if  the 
same  had  arisen*,  accrued  or  been  created  under  the  pro- 
vi  ions  and  powers  of  this  act;  and  the  several  subscribers 
and  parties  of  said  Kenosha  and  Rockford  Railroad  Com- 
pany, whose  subscriptions  shall  be  transferred  as  herein 
provided,  shall  be  and  become  subscribers  to  the  capital 
stock  of  this  company,  and  shall  acquire  and  have  all  the 
rights,  privileges  and  powers  in  this  corporation  as  if 
their  several  subscriptions  were  made  directly  to  and  un- 
der this  corporation. 

§  4.  The  said  company  are  hereby  authorized  and  em-  Gcii«f»i  r-^ew 
powered  to  locate  and  from  time  to  time  to  alter,  change, 
relocate,  construct,  reconstruct  and  fully  to  finish,  perfect 
and  maintain  a  railroad,  with  one  or  more  tracks,  commen- 
cing on  the  north  line  of  the  state,  within  the  town  of  Hebron 
or  Richmond,  in  McHenry  county,  where  said  state  line 
may  be  touched  by  the  Kenosha  and  Beloit  Railroad,  now 
buildinc;  in  the  state  of  Wisconsin  ;  thence  across  the  county 
of  McHenry  to  Chemung  village,  crossing  the  Chicago, 
St.  Paul  and  Fon  du  Lac  Railroad  at  or  near  the  Harvard 
Station  ;  thence  to  the  city  of  Rockford.  And  the  said 
company  are  further  authorized  to  use  and  operate  said 
railroad,  and  shall  have  power  and  authority  to  regulate 
tlie  time  and  manner  in  which  goods,  effects  and  persons 
shall  be  transported  on  the  same,  and  to  prescribe  the 
manner  in  which  said  railroad  shall  be  used  and  the  rate 
of  toll  for  transportation  of  persons  or  property  thereon  ; 
and  for  the  storage  of  merchandize  and  other  property  un- 
der their  charge,  and  shall  have  power  to  provide  all  neces- 
sary stock  and  materials  for  the  operation  of  said  road;  and 
ihall  have  power  to  erect  and  maintain  all  necessary 
depots,  stations,  shops  and  otber  buildings  Aad  macluaery 
—24 


I«n7.  18 

for  the  accommodation,  management  and  operation  of  said 
road. 

09*«i«ojij.  §  .").     Said   directors  sliall,  as  soon   after  tlie  passage  of 

this  act  as  practicable,  open  books  for  tlie  purpose  of  re- 
ceiviiij^  subscriptions  to  the  capital  stock  of  said  company, 
at  suo!i  places  aloui^j  the  line  of  said  road  and  elsewhere  as 
said  directors  shall  tieterniine,  under  the  direction  of  such 
agents  as  said  directors  shall  appoint;  and  said  book  shall 
be  kept  open  from  time  to  time  until  the  amount  of  said 
capital  stock  shall  be  subscribed  or  until  said  directors 
shall  determine  to  close  the  same. 

Oi»nn'i»s  <'iti<^       §  (.).     The  several  counties,  cilie?,  incorporated  villages 
»»o-;iM  t.>»ai-  and  towns,  through  or  near  which  said  railroad  shall  be  lo- 

•oribotiock.  catpfj^  nre  hereby  authorized  to  subscribe  to  the  capital 
stock  in,  or  severally  to  lend  their  credit  to  the  corpora- 
tion hereby  created  for  the  purpose  of  aiding  in  the  con- 
struction of  said  road  :   •i^ror/i/i  </,  that  no  such  snbscrip- 

sh»-i  be  rot.  1  tJQn  or  loan  shall  be  made  until  the  same  shall  be  voted 
for  as  hereinafter  provided. 

ij  .  r  r  §  7.  Whenever  one  hundred  voters  of  any  such  county 
•  shall  make  a  written  application  to  the  county  clerk  of 
such  county,  or  twenty- five  voters  of  any  such  city,  in- 
corporated village  or  town  shall  make  such  aj)plication  to 
the  clerk  tliereof,  requiring  an  election  hy  the  legal  voters 
of  such  county,  city,  village  or  town,  to  determine  whether 
such  subscription  or  loan  shall  be  made,  specifying  in  such 
application  the  amount   and  whether  to  bo  subscribed  for 

o*»rt  k>n»ea>-  or  loaned,  such  clerk  shall  file  such  application  in  his  office, 
**  and  immodiately  give  the  notice  as  rerjuired  by  law  for  an 

election  to  be  held  by  the  legal  voters  of  such  county,  city, 
village  or  town,  at  the  usual  places  of  bidding  elections; 
and  such  elections  shall  be  held  and  conducted  in  all  re- 
spects and  the  returns  thereof  made  as  in  case  of  annual 
elections. 

i««t<«*r««(!n2  §  8.  If  a  majority  of  the  voters  voting  at  anysuch  elec- 
tion shall  be  in  favor  of  such  subsrrii)tion  or  loan,  then 
such  county,  city,  incorporated  village  or  town,  by  its  pro- 
per corporate  authority,  shall  subscribe  or  loan  to  said  cor- 
poration the  amofint  a<i  sjiecified  iu  sec.  seven  (7,)  and 
shall  isjue  to  said  corporation  tlieir  bonds  for  stich  amount, 
drawing  ten  per  cent,  interest  per  annum,  and  payable  in 
not  les^  than  ten  nor  more  than  twenty  years. 

■kali  uM* »«ii4*  ^  0.  If  any  county,  city,  village  or  town  shall  subscribe 
to  the  said  ca[)ital  stock,  uruler  tfie  provisions  of  this  act, 
and  shall  issue  their  bolide,  saifl  bonds  shall  be  in  full  pay- 
ment of  their  said  subscrij)tion;  ami  the  supervisors  of  such 
county  and  the  corporate  authority  of  such  city,  village  or 
town  sliall  anniiHlly  ajipoi/it  some  suitable  person  tO  rep- 
resent and  vote  upon  the  stock  subscribed. 


19  1857. 

§  10.     And  the  said  company  are  hereby  autliorized,  by  Kntor upon  und* 
their  engineers  and  agents,  to  enter  into  and  npon  any  lands, 
for  the   j)urpose  of  making  the  necessary  survejg  and  ex- 
aminations for  said  road,  and  to  enter  upon  and  take  and 
hold  all  lands  necessary  for  the  construction  of  the  said 
railroad  and  its  apj)endag»'s,  first  making  just  and  reason- 
able comj)ensalion  to  the  owners  of  said  land  for  any  dam-  n.innaoi. 
?ges  that  ma}'  arise  to  them  from  the  building  of  said  rail- 
load;  and  in  case  the  said  company  shall  not  be  able  to  ob- 
tain the  title  of  any  lands  or  premises  which  may  he  neces- 
sary for  the  purpose  of  said   road  and   its   appendages,  by 
purchase  or  voluntary  cession,  tlie  same  may  be  obtained  in 
the  mode  provided  by  the  provisions  of  th.e  twenty-second  ProvisUn    »i>- 
section  of  an  act  entitled  "An  act  to  provide  for  a  general   ''"^"''•• 
system  of  railroad  incorporations,"  j)as<ed  November  oth,  A. 
D.1849:  Provided^  that  after  the  ap])rais  \\  of  damages  in  per-  ProvUo. 
suance  of  said  act  and  uj)on  deposit  of  the  amount  of  such 
appraisal  in  the  office  of  the  clerk  of  the  circuit  court  of  the 
county  w!ierein  such  lands  may  be  situated,  the  said  com- 
pany shall  be  authorized  to  enter  upon  such  lands  for  the 
construction  of  said  road. 

§  11.     The  said  company  are  authorized  and  empowered  dohow  money 
to  borrow,  from  time  to  time,?uoh  sums  of  money,  not  ex- 
ceeding double  the  amount  of  stock  subscribed   and  upon 
which  at  least  twenty-five  per  cent,  shall  have  been  paid, 
as  may  be  necessary  f  »r  constructing,  comj)Ieting  and  fin- 
ishing or  operating  said  railroad,  and  to  issue  and  dispose  i«»^*i">«^ 
of  their  bonds  in  denominations  of  not  less  than  five  hun- 
dred dollars  for  any  amount  so  borrowed,  and  to  pay  any 
rate  of  interest  therefor,  not  exceeding  ten  per  cent.,  and  i"'«««i. 
to  pledge  and  mortgage  the  said  road  and  its  appendages 
or  any  part  thereof  or  any  other  property  or  effects,  rights, 
credits  or  f^anchi^es  of  the  said  company,  as  security  for 
any  loan  of  money  and  interest  thereon,  and  to  dispose  of 
the  bonds  issued  for  such  loans  at  such  rates  and  orr  such 
terms  as  two-thirds  of  the  directors  may  determine. 

§  VI.     The  said  company  shall  annually  or  semi-annual-  Dinifad*. 
ly  make  such  dividends  as  they  may  deem  proper  of  tlte 
ret  profits,  receipts  or  income  of  said  company  among  the 
stockholders  therein  in  proper  proportion  to  their  respec- 
tive shares. 

§  in.     Said  company  shall  have  power  to  make,  ordain  v»wr-r  to  vm^ 
and  establish  all  such  by-laws,  rules  and  regulations  as   ''*'*"*■ 
may  be  deemed   expedient  and  necessary  to  fulfil  the  pur- 
pose and  carry  into  effect  the  provisions  of  this  net   and 
for  the  well  ordering  and  securing  the  affair?  an'l    interest 
of  said  company  :   Provided^  that  the  same  be  not  rrpug-  t^tim. 
nant  to  the  constitution  and  laws  of  the  United  States  or 
of  (1  is  state.     This  act  and  all  by-laws  that  may  be  adopt- 
ed ly  the  directors  of  said  company,  and  all  additions  or 


iS.-iT.  '  20 

ir-^'i  nUcrations  (hereto  shall  be  printed  in  eonvcnient  form  and 

dislributed  amonj^  tht;  stockholders  of  said  coin])any. 

••II mt^.nt  5'  1  ^-     ^^  shall  he  lawful  for  ;uiy  fiHetn  stoekholders,  by 

pivi  jj;  ihirty  days'  noticr,  stating  the  objects,  to  call  a  meet- 
ing'f  the  stockholders  of  said  company;  and  the  secretarv 
of  said  company  shall  certify  said  call  and  record  the 
same,  as  well  as  all  matters  that  may  be  transacted  under 
suelicall.  The  stockhohUrs  present  und«r  such  call  may,  by 
a  maj«>rity  voting  therefor,  proceed  and  appoint  from  among 

•  mmi.uv.^^w.  themst^lves  a  committee  ot  t  iree,  witii  lull  jxnver  to  ex- 

•'^^*  **'"'■ '' amine  ell  books,  papers  and  accounts  belonging  to  said 
company;  and  said  committee  may  employ  any  competent 
accountant  or  accountants  to  aid  in  saiii  examination;  and 
said  committee  sliall  have  power  to  examine  any  olfieer  or 
officers,  agent  or  agents  or  employee  of  said  company,  un- 
der oath,  to  be  administered  by  the  chairman  of  said  com- 

A<D«>-^  ar-i  ini  mittee,  and  said   officer  or  agent  or  employee   shall  duly 

ri^r'To^!  .rt!  ansNver  all  questions  that  may  be  required  of  them  by  said 
committee,  touchirjg  any  matter  or  matters  relating  to  the 
affairs  of  said  company,  and  the  officers  and  agents  (^f  said 
company  shall  aid,  as  far  as  in  their  power,  said  committee 

■v^on»#•  .f  tx-  as  tliey  may  require  in  said  examination.     The  expenses 

•miMiuu.  of  said  examination  shall  be  paid  from  the  treasury  of  said 
company  ujion  wan  ants   drawn   upon   the   treasurer  and 

•-noil  tc*  u  certified  by  said  committee,  and  said  committee  shall  make 
"*"'•  a  detailed    report   of  said   examinations    at  such   time   or 

times  as  said  stoekholders  shall  direct. 

r*mtr  u  oatiA  §  !•'•  Said  company  shall  have  the  j)Ower  to  unite  its 
lu.wtii.f.  railroad,  in  whole  or  in  part,  with  any  other  railroad  or 
railroads  now  constructed  or  which  may  hereafter  be  con- 
.itructi'd,  either  in  this  .""tate  or  tiic  state  of  Wisconsin, 
coming  in  contact  tin  rewith,  and  to  grant  to  any  such 
company  or  companies  the  right  to  construct  and  use  any 
portion  of  said  lint;  of  road  hereby  authorized  to  be  con- 
structed, upon  such  terms  as  may  bo  mutually  agreed  be- 

um  iTDiminiff  tween  the  said  company  or  companies,  or  may  consolidate 
tlie  capital  slock  with  the  caj)ital  stock  of  any  railroad 
company  with  which  it  shall  intersrct,  either  in  this  or  the 
slate  of  Wisconsin,  and  shall  havr  fnll  power  to  place  the 
road  of  said  company  and  its  capital  stock  so  consolidated 

i«*»iu-»r4rfi..  under  the  direction  of  a  joint  board  of  directors  of  not  less 
'••*•"  than  fiftpi-n,  at  least  eleven  (>f  whom  shall  be  chosen  from 

■  tockholdern  resident  within  the  couiitiei  through  which 
said  consolidated  roads  an;  located.  The  first  board  of 
directors  to  be  clioscn  as  the  directors  of  the  comi)anies 
consolidating  their  capital  stock  shall  direct  and   ugrco, 

mxc.  -i'-iT3  and  all  Bubsequcnt  boards  to  be  elected  as  herein  j)rovided 
*"  •""^'  for,  but  no  consolidation  shall  be  legal,  nor  sale,  or  trans- 
fer of  ihf^  pcrmarK-nt  rights,  privileges  or  purchase  of  said 
company  without  the  assent  of  a  majority  in  interest  of 


21  1857. 

stock  votinn;  in  favor  of  said  consolidation,  sale  or  transfer, 
at  an  annual  or  regularly  called  meeting  of  the  stock- 
holders. 

§  IG.  Notice  shall  be  published  in  some  paper  printed  N^ti'ie  rub'.uic^ 
wllhin  the  counties  through  which  the  said  road  is  located, 
for  election  of  directors  and  calls  for  installments  to  be 
paid  upon  caj)ital  stock  and  all  meetings  of  stockholders  ; 
all  mutters  intended  for  the  action  of  stockholders  by  the 
directors  or  stockholders  aiithoiized  to  call  meetings  shall 
be  published  in  the  notice  given  for  the  meeting  before 
which  said  matters  will  be  brought. 

§  17.     The  said  corporation  shall  be  bound  to  repair  all  «'«r(i  t-  rcpur 
public   highways,  bridges  or  water  courses   which  may  be    ""  ''•*■ 
injured  in  constructing  said  railroad  <  r  its  appendages,  and 
shall  restore  them  as  far  as  practicable  to  as  good  a  condi- 
tion as  they  were  before  they  were  injured. 

§  18.  If  any  person  or  persons  shall  do  or  cause  to  be  oistruiiioD*. 
done,  or  aid  in  doing  or  causing  to  be  done,  any  act  or  acts 
whatever,  whereby  any  building  or  construction  or  work 
of  said  comjiany,  or  any  engine,  machine  or  structure,  or 
any  matter  or  thing  apj)ertaining  to  the  same  shall  be  stoj)- 
ped,  obstructed,  imjjaired  rr  weakened,  injured  or  de- 
stroyed, or  engage  in  any  willful  act  or  acts  by  which  said 
company  are  subjected  to  loss  in  money  or  property,  the 
person  or  persons  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  forfeit  to  the  use  of  said  company  ponaitr. 
a  sum  threefold  tlie  amount  of  the  daraaj^es  or  los*-  occa- 
sioned  by  the  act  or  acts  of  said  person  or  persons,  to  be 
recovcr-d  in  an  action  of  debt,  in  the  name  of  said  com- 
pany, with  costs  of  suit,  before  any  justice  of  the  peace  or 
before  any  coiirt  of  record  in  this  stale. 

§  ll>.  Said  company  are  hereby  authorizpd  to  take  and  Monj»gcs. 
receive  from  the  several  subscribers  to  the  said  oa[)ita!  stock 
mortgages  on  real  estate  for  atid  in  pajmentof  the  full 
amount  of  their  said  subscriptions  ;  v/liich  mortgages  may 
bear  interest  at  the  rate  of  ten  per  cent,  annually,  and  be  Rated  ii.iprevit 
payable  at  such  times  as  said  directors  and  said  subscri- 
bers shall  agree. 

§  2".     The  company  shall  be  allowed  three  years  from  timo   rf   r.m- 
the  passage  of  this  act  for  the  commencement  of  said  rail-   °'^""*'""""' 
road,  and  in  case  at  least  twenty-five  miles  of  the  same 
shall  not  be  completed  in  ten  years  thereafter  the  privilege  c.mp;e:i<n. 
herein  granted  shall  be  forfeited. 

§  lil.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  beneficially  for  all  purposes 
herein  specified  or  intended. 

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

ArrnovED  Jan.  20,  1807. 


1857.  22 

ja  .'>rro  Ji:^.  '.5  AN  ACT  to  smenJ  (he  act  incorporatiiiu  the  Peoria  Marine  and  lire  In- 
*^^-  suraiice  Company,  ajiprovcd  reluiiary  -O'.h,  1841. 

Sfction  1.     Be  if  euiictetl  hi/  the  people  of  the  staf>  of 

///iui'ify  represen/ti/  in   the   iieneral  %Jssefnhli/,  Tliaf  ihe 

e«r«>i»'c<k  iu.  capital  stock  of  the   Peoria   Marine    and  Fire   Insurance 

•.^^..eo.  Company  is  hereby   increased   to   live  liundred   thousind 

dollars. 
«wnB>.  ^   "J.     That  the  j)rosi(lont  or  vice  president  of  said  com- 

pany and  four  ilirecti^rs  shall  constitute  a  quorum  for  tiie 
transaction  of  any  bu'^iness  relalint;  to  said   company. 

^  o.     The  said   comj)any  shall   have  j)erpctual  succes- 
sion. 

^  4.     Thi>    art  sliall  be    deemed,  held    and    taken  as  a 
public  act,  .md  shall  be  in  force  from  and  after  its  passage. 
Approved  Jan.  15,  ISoT. 


u  forv-o  /»!!.  19,  AN  ACT  concerning  the  3Iount  Carbon  Coal  Company. 

1SS7. 

Section.   1.     Be  it  enacted  by  the  })euj)le  of  the  stale  oj 
IlUnjiSy    represented  in  the  General  thscmbli/,  That   the 
fRMLcr    f^Mjd  Mount  Carbon  Coal  Company  be  and  they  are  hereby    al- 
for  a,»ii?uu.o.  j  j^.gj  .^  further  period  of  five  years  within  which  to  com- 
plete the  railroad  authorized  by  various  enactments,  to-wit: 
on   the    ii'ilh    Februaiy,    1841,    on    1st  February,    ]b.")l, 
and    February  10,  IS.");'.,  and  the  said  acts  are  hereby  de- 
clared valid,  and  in  lull  force  and  effect. 
p.r  tor  r**  of       ^   2.     »Jnd  he    itfnrtlur  c//<;r/<7/,  That  the  said  jMount 
ri-^nni^r  Carbon  Coal  Company  be  and  they  are  hereby  permitted 
•***■  to  pay  any  rate  of  interest  not  exceeding  ten  percent,  per 

annum  on  the    money  aufhori/.e<l  to  be  borrowed  by  an  act 
entitled   "  An  act  supplemental   to  an'  act  concernin<^  the 
Mount  Carbou  Coal  company,"  aj>j)rovcd  l')th  Feb.,  18o3. 
§  3.     This  act  to  tak«  effect  from  its  passage. 
Approved  Jan.  I'J,  1867. 


f«f*  j«n.i«,  AN  ACT  to  cLanj,'o  tic  name  of  St.  Clair  Green,  of  SI.  Clair  county,  to 
»W7-  St.  Clair  Green  roireBter. 

Section  1.  Br  it  enacted  hy  the  people  of  the  state  if 
Illinois^  rt ]tresr)ited  m  the  (irtnral  Jlssemlilij^  That  the 
name  of  St.  Clair  Grefn,  of  St.  Clair  cotinty,  be  and  the 
samn  i-*  hereby  changed  to  that  of  St.  Clair  Gre«n  Foi- 
rrster. 


23  1857. 

§  2.     Tills  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

ArPRovED  Jan.  10, 1857. 


AN  ACT  to  change  the  name  ot  Katy  Bofjart  to  that  of  Eva  Buck,  and  in  force  Jan,  i9, 
itfclariig  her  to  be  an  heir  at  law  of  Ira  A.  W.  Buck.  '^' 

Whereas    Ira  A.    W.  Buck    has   petitioned  the   general  Prcamuo. 
assemb^j  of  the  state  of  Illinois  to  change  the  name  of 
Katy  Bogart  to  that  of  Eva  Buck,  and  for  declaring  her 
to  be  an  heir  at  law  of  the  said  Ira  A.  VV.  Buck  j  there- 
fore, 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois^    represented  vi  the    Gtneral  Jisseinblyi  That  the 
name   of  Katy  Bogart  be  and  the  same  is  hereby  changed  Nam*  cbaiigc«i. 
to  that  of  Eva  Buck,  and  by  that  name  she  shall  hereafter 
be  known  and  designated. 

§  2.  That  the  said  Eva  Buck  be  and  is  hereby  declared  ndraiiaw. 
an  heir  at  law  of  the  said  Ira  A.  VV.  Buck  to  the  same  ex- 
tent and  relation  as  a  legitimate  child  :  PrucUlcdj  that  the 
said  Ira  A.  W.  Buck  shall  certify  before  some  officer  of 
this  state  competent  to  administer  an  oath  that  he  has  pe- 
titioned the  general  assembly  of  this  state,  as  set  forth  in 
this  act,  and  shall  have  the  said  certificate  recorded  in  tiie 
recorder's  office  of  the  county  in  which  he  resides. 

§  3.     This  act  to  take  eftect  from  and  after  its  passage. 
Approved  Jan.  10,  1857. 


AN  ACT  to  change  the  name  of  Mina  Stebina  to  that  of  Mina  R.  BalJuin,  in  r»nc  Jau.   is 
and  declaring  her  to  be  an  heir  at  law  of  Lyman  Baldw/ii.  »i»"» 

Whereas  Lyman  Baldwin  has  petitioned    the  general  as- ^'""''''•• 
sembly  of  the  state  of  Illinois   to  change   the    name    of 
Miua   Stcbins  to  that  of  Mina  R.   Baldwin,  and  for  de- 
claring her  to  be  an  heir  at  law  of  the  said  Lyman  Bald- 
win ;  tiierefore,  « 

Section  1.     i/e  it  enacted  by  the  people  of  the  state  of 
l/linuisj  represented  in    the  General  *^sscnibly.   That  the 
name  of  Mina  Stcbins  be  and  the  same  is  hereby  changed  K^m*   u.ui««i 
to  that  of  Mina  R.  Baldwin,  and  by  that    name    she  shall 
hereafter  be  known  and  designated. 


1867.  24 

icrMUw.  ^  .J,     That  the  said  Mina  R.  Baltlwln  be  and  is  hereby 

declareil  an  heir  at  law  of  the  said   I.ynian  Baldwin  to  the 
samt'  extent  and  relation  as  a  legitimate  child. 

§  l>.     This  act  to  take  ettVct  from  and, after  its  passage. 
ArPRovED  Jan.  1'.*,  1857. 


i«f»r.<»  Jmi  t\  AX  ACT  to  amond  an  arl  entilloil  "an  net  to  anlliori/.e  Jonathan  C.  Wil- 
l*'-  lis  to  build  a  toll  bridicp  across  Mill  Ci^ek,  in  Pope  county. 

Section  1,  />V  il  ennclnl  A//  the  people  of  the  state  of 
P/inoi^,  rcpreiievletf  in  the  (loieral  .hsr/nh/i/,  That  the 
rvtfcer  t.iae  a'.-  Said  Jonathan  C.  Willis  be  and  he  is  hereby  allowed  the 
*'"^''  further  time  of  two  years  from  the  passage  of  this  act  for 

the  construction  and  completion  of  the  said  toll  bridge  in 
said  act  mentioned,  and  all  the  j)rovisions  of  said  act  are 
hereby  revixed,  and  •shall  continue  in  full  force  and  effect 
for  the  said  jieriod  of  two  )  ears. 

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

Approved  Jan.  10,  11-1.37. 


:■  t^rr  J. 


^  J  .    ,      AN  ATT'o  nm^nil  an  act  pnlillnl  •'  at\  act  fo  TMlliorizp  ThoinaR  Pulliam 
lfy:l  '     '  • 'ociatm  to  (iiiilil    a  l)riiiK<'  hihI  ••'•lahlJHli    a   fony   across  the 

.  river,  at  raycttcville,  in  the  county  of  St.  Clair. 

[Section  1.]  Be  it  rJiarti//  hi/  the  ])coj)lr  (f  the  state  nf 
Ulittin<<^  represented  in  tlie  linnr<il*'Issitnl)ljj,  That  the 
securjd  section  of  an  act  entitled  "An  act  to  authori/o 
Tliomai  Pulliam  and  hi.<?  nssnciate?  to  build  a  bridge  and 
e!»tahli'<h  a  ferry  acros.s  the  Kii'^ka.skia  river,  at  Fayetteville, 
in  the  county  of  St.  Clair.''  apjtroved  February  llth  IHoG, 
be  and  i.s  hereby  so  nmend<Ml  as  to  aiithori/e  the  con- 
struction of  Haid  bridge  within  ten  years  from  the  pas- 
sage of  this  act. 

ArraovED  Jan.  !'»,  1857. 


•r  4gtMk:r*  r7. 


25  1857. 

AN  ACT  to  autbori'/.o  the  county  court  of  Union  county  to  borrow  moiipy.  Taforro  Jan.  la, 

'  ,  1867. 

Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 
Ilhnuifi,  represented  in   the  General  v'l'^seinfih/.,    Tlint   the 

coiuitv  court  of  Union  county  be  and  lli«'y  are  liorcby  au-  V.V-?'', ** 

tliori/:rd  to  borrow  any  sum  of  money,  not  c.\cec'dir«»  five 
thousand  dollars,  for  the  purpose  of  erecting  a  court  house 
and  the  purchase  of  and  pajnuMit  for  a  lot  or  lots  in  Jones- 
boro.  to  erect  the  same  on,  in  tlie  county  of  Union. 

§  2.  For  the  purposes  contemplat«'d  in  th*"  first  section 
of  tliis  act,  said  county  court  is  hereby  autliorlzed  to  issue 
bonds,  lor  the  redemption  a»d  payment  of  which  the  faith 
of  said  county  may  l)e  pledyed;  said  bonds  may  bear  any 
rate  of  interest  not  exceeding  ten  per  cent.   p(  r  annum. 

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

Approved  Jan.  10,  1807. 


AN  ACT  to  amcnJ  an  act  enlillfi!   "an  act  to  authorize  the  county  court  in  force  Jan.  M, 
of  Moii»:rnmpry   county,  Illinois,  to  levy  a  special  taX;  and  for   other  1857. 

I)urj)09e9,"  approved  Feb.  15th,  1855. 

Section  1.  Be  it  enacted  hij  the  people  of  the  state  of 
Illinois,  represented  in  t/ie  General  t^sstinbly.  That  the 
county  court  of  Montgomery  county  are  hereby  author-  coumytonrt. 
ized  and  empowered,  annually,  at  any  general  or  special 
term  ot  said  court,  to  assess  upon  the  taxable  property  in 
said  county,  both  real  and  personal,  any  rate  of  taxation,  u«tcoftaxati«B. 
not  exceeding  thirty  cents  on  the  one  hundred  dollars  worth 
of  taxable  property,  to  be  collected  and  paid  over  as  other 
ordinary  county  revenue,  and  aj)j)lied  under  the  order  of 
said  court,  from  time  to  lime,  to  tiie  objects  contemplated 
by  the  act  to  which  this  is  an  amendment. 

{»  2.  Any  assessment  and  collection  of  taxes  for  the 
purposes  contemplated  in  the  act  to  which  this  is  an  amend- 
ment, not  exceeding  the  rate  fixed  in  the  first  section  of 
this  act,  before  the  passage  of  this  act,  is  hereby  legal- 
ized. 

Thi=i  act  shall  take  effect  and  be  in  force  from  and  after 
its  pa«;suge. 

Approved  Jan.  18,  1867. 


1S57.  20 

Is  f<>nv  J»a.  14,  AN  ACT  to  entitle  the  clerk  of  the  circuit  comt  of  Franklin  counl.y  to 
**"'•  transcribe  record  book  letter  B. 

[Skction  1.]  Be  il  enacted  by  the  people  oj  the  state  oj 
Illrtioiny  represcutcil  in  the  Cienerat  *isse7/i!)/f/,  That  the 
»r»awifc«  i^t  clerk  ot  the  circuit  court  in  the  county  of  Franklin  be  and 
he  is  hereby  authorized  to  transcribe  book  B  into  a  good 
book  of  records  of  deeds,  to  be  j)rocured  by  him  for  that 
purpose,  of  said  county,  and  that  the  county  court  of  said 
ci>unt\  shall  make  an  order  on  the  treasurer  of  said  coun- 
ty f  r  a  reasonable  allowance  for  the  said    work  and  book. 

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

Approved  Jan.  14,  1867. 


**  '"i^t"*"**'  "^"^  ACT  to  legalize  certain  acts  and  proceedings  of  tlie  board  of  Hupcr- 
visors  of  Jo  Daviess  county  and  the  city  council  of  the  city  of  Galena. 

rr««mb!o.  WnKREASthe  board  of  supervisors  of  Jo  Daviess  county, 
at  the  Dtcember  term,  A.  D.  1850,  executed  and  deliv- 
ered to  the  Galena  and  Southern  Wisconsin  Railroad 
Company  one  hundred  thousand  dollars  of  the  bonds  of 
Jo  Ddvioss  county,  to  aid  in  the  construction  of  said  rail- 
road, said  bonds  being  payable  in  twenty  years,  and 
bearing  interest  at  the  rate  of  eiglit  per  cent,  per  an- 
num ;  and  whereas  the  board  of  supervisors  of  Jo  Da- 
viess county  at  the  said  December  term,  A.  D.  1S')G, 
executed  and  dtJivered  to  the  city  coiuicil  of  the  city 
of  Galena  fifJy  thousand  didlars  of  the  bonds  of  said 
Jo  Daviess  county,  to  aid  in  the  construction  of  a  lock 
in  Ga  ena  river,  said  bonds  being  payable  in  ten  years 
and  bt-aring  eight  per  cent,  interest  ])cr  annum  ;  and 
whereas  the  city  council  of  the  city  of  Galena,  under  and 
by  virtue  of  ordinance  passed  and  approved  on  the  18th 
day  of  November,  A.  D.  18."<t!,  executed  and  delivered 
to  the  Galena  and  Southern  Wisconsin  Railroad  com- 
pany one  hundred  lhf)usand  dollars  of  the  bunds  of  ihe 
city  of  Galena,  to  aid  in  the  construction  of  said  railroad, 
said  bonds  being  j)ayahle  in  twenty  years,  and  bearing 
interest  at  the  rate  oi  eight  per  cent,  per  annum  ;  ana 
iomc  doubts  have  arisen  as  to  the  authority  and  regu- 
larity under  which  paid  bonds  were  issued;  therefore, 
Section  1.  ///■  //  rnurtvi  /;//  the  propte  cf  tlie  state  of 
lllimns^  repreuiit,  (I  m  the  (ieiural  /is.sci.ihlfjy  That  all 
»»64i  t.."i  r",<..  and  singular  the  arts  nnd  jtrociedirigs  of  the  board  of  su- 
Jli!^  **  ^  pervisora  of  Jo  Daviess  erjunty  in  issuing  the  boiwls  of  Jo 
Daviesi  count)  to  the  (ial»  na  and  Southern  Wisconsin 
Railroad  Company  and  to  the  city  council   of  the  city  of 


27  186 

Galena  for  a  lock  in  Galena  river,  and  all  and  singular  tlie 
avl  the  proceedinsf?  of  the  city  council  of  the  city 
of  Galena,  in  issuing  tite  bonds  of  the  city  of  Galena  to 
the  Galena  and  Southern  Wisconsin  Railroad  Company,  be 
and  the  same  are  iu'reby  declared  to  be  valid  and  elfeclual 
in  law,  and  said  bonds  shall  be  as  effectual  in  law  as  if 
said  power  had  been  directly  conferred  and  the  proceeding 
regular. 

§  '2.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage, and   he  a  public  act. 

Approved  Jan.  lili,  1857. 


AN  ACT  to  incorporate  the  Union  County  Agricultural  and  Mechanical  in  force  jsn.  u 

Sodoty.  1867. 

Section  1.  Be  it  enacted  by  the  juople  of  the  state  of 
JUinuis^  represented  in  the  General  %/hsembhj^  That  An- 
drew J.  Nimmo,  James  Graver,  Wright  C.  Pender,  Jacob  coipoiatow. 
Ilileinan,  Samuel  Hunsakcr,  Thomas  J.  Finley,  Sidney 
S.  Condon,  George  Hunsaker,  Moses  A.  Goodman,  Wil- 
liam Green,  Charles  Crowell  and  George  Kimmel,  jr.,  and 
such  other  persons  as  shall  from  time  to  time  become  mem- 
bers of  said  society,  are  hereby  incorporated,  and  bhall  be 
a  body  corporate  and  politic,  by  the  name  and  stjie  of  the 
*'  Union  County  Agricultural  and  Mechaiiical  Society  ;"  st>:«. 
and  under  that  name  shall  be  capable  of  suing  and  being 
sued,  pleading  and  being  impleaded,  in  all  courts,  both  of 
law  and  equity,  in  this  state;  and  may  have  aiid  use  a  com- 
mon seal,  and  tlie  same  to  alter  and  amend  at  pleasure; 
and  by  their  corporate  name  and  style  shall  be  capable  in  cencraixiK-ww«. 
law  of  contracting  and  being  contracted  with,  and  of  ac- 
quiring, by  purchase  or  otherwise,  and  of  holding  and  con- 
veying real  and  personal  estate,  either  in  fee  or  for  a  term 
of  years:  Provided^  the  clear  annual  value  of  such  r*  al  and 

fieisonal  estate  shall  at  no  time  exceed  two  thousand  dol- 
ars  per  annum;  and  they  and  their  successors  shall  at  all 
times  have  full  power  and  authority  to  ordain,  make  and 
establish  such  by-laws,  rules  and  regulations  as  they  shall 
judge  proper  for  the  better  government  and  regulation  of 
the  officers  and  members  of  said  society  and  for  ascertain- 
ing an  equal  annual  rate  of  contribution  to  be  paid  by  the 
members  thereof,  in  aid  of  the  lunds  of  said  society,  and 
for  prescribing  the  time,  place  and  manner  of  holding  the 
annual  fair  of  said  society,  and  theruhs  regulating  the 
same;  such  by-laws  not  to  be  inconsistent  with  the  laws  KUcUoa. 
of  this  state. 

§  2.     That  for  the  better  carrying  on  the  business  and 
affairs  of  said  corporation  there  shall  be  annually  elected, 


T*nB  tt  •&**. 


1S57-  28 

on  the  first  Wednesday  of  December  of  each  year,  a  pres- 
ident, three  \  ioe  presuients,  treasurer,  cornsponding  and 
recordini;  secretaries,  and  an  executive  conuuittee  of  five 
persons,  who  shall  hold  their  oiKce  for  o  le  year,  and  iintil 
their  successors  arp  elected  and  (jualified.  That  Adrcw  J. 
Nimino  shall  he  t!ie  Prst  presid;nt,  Janiei  Craver,  Wright  C. 
Pender  and  Jaeoh  lliUwnan  the  fu'^t  vice  jiresideiits,  Sani- 
ucl  llunsaker  the  tirst  trca-'urer,  Thomas  J.  Fairly  the  first 
correspondiniT  secretary,  Sidney  S.  Condon  the  first  re- 
cording secretary,  Georjijo  llunsaker,  Moses  A.  Goodman, 
rir»t^o<ipi.  William  Green,  Charles  Crowell  and  George  Kiminel,  jr., 
the  first  executive  cominilteo,  and  shall  severally  ludd 
tijeir  otfices  until  tlu  ir  successors  are  elected  and  quali- 
fied. 

§  3.     This  act  shall  he  in  force  from  and  after  its  passage. 

Approved  Jan.  --,  1857. 


Ii  »»rt*  j»n.  16,  AX  ACT  to  ropoiil  en  net  entitled  "an  net  tr>  incorporate  the  city  of  Decatur, 
'*'^-  and  to  rtcharti-r  tlic  same. 

Article  I. —  0/  Iicpcdl. 

Section  1.  Be  V  enacted  hi/  I  he  people  of  the  state  of 
Illinois^  reprcsenlt'it  in  the  (leiirra/ %'i'isi'?nf//j/.  That  an  act 
A«(  rff>'»  M. .  entitled  "An  act  to  incorporate  the  city  of  Decatur,"  ap- 
proved February  loth,  \.  D.  l^.'^f),  be  and  the  same  is 
iiereby  repealed  :  Pnui'/tt/,  that  this  act  sliail  not  in  any 
mHuiKT  invalidate  any  of  the  act?  done  or  ordinances  pas«- 
eU  and  approved  hy  the  city  council  (  f  the  city  of  Deca- 
tur, in  the  year  A.  D.  I8.j.'»,  elected  under  the  charter 
hereby  repealed  ;  and  that  any  and  all  (he,  acU  done  by  said 
council,  in  conformity  to  said  chartrr,  sliall  he  good  and 
valid  in  law;  and  all  the  riglits  seciir«'il  to  said  city  coun- 
cil und»r  said  act  may  bo  retained  and  enforci'd  by  the 
Corporation  hereby  created,  except  so  far  as  they  condict 
herewith,  in  which  case  tiny  may  be  modified  in  confor- 
mity hereto. 

j\t.ru  r  I  If  — //  ,/iif/nr/rs,  (!( ncr'il  Pmrcrs  and  Fumuiliun 

(f  II  iirds. 

c«T»w»e«  um.i  ^  1.  All  that  district  of  country,  in  the  county  of  Ma- 
con, and  state  of  Illinoi*!,  rontaincd  within  the  following 
limil.i,  to  wit :  the  Houthwest  (|uart(r  of  the;  northeast  (juar- 
trr,  and  the  ffouth  half  of  the  northwest  quarter,  and  the 
ea!!t  half  of  the  Bouthea«t  quart«r,  and  the  southwest  quar- 


29  185T. 

tcr  of  section  eleven,  and  the  southeast  quarter  and  the 
east  half  of  the  southwest  quarter  of  section  ten,  and  the 
east  half  and  the  east  half  of  the  west  half  of  section  fifteen, 
and  the  west  half  and  the  west  half  of  the  east  half  of  sec- 
tion fourteen,  all  in  townshij)  sixteen  north,  range  two  cast 
of  the  third  principal  meridian,  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 
tJie  name  of  "The  City  of  Decatur." 

§  2.     The  inhabitants  of  said  city  shall  be  a  corporation,  N»mci.uu  «*»;«. 
by  the  name   and  style  of  "The  City  of  Decatur,"  and  by 
that  name  shall  have  perpetual  successittn,  sue  and  be  sued,  • 

and  complain  and  deiend  in  any  court;  may  make  and  use 
a  <  ommon  sea',  and  alter  and  change  it  at  pleasure  ;  may 
teke,  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  dis- 
pose of  the  same  for  the  benefit  of  the  city. 

§  8.  The  City  of  Decatur  shall  be  divided  into  four  w»n»«. 
wards,  the  boundaries  of  which  shall  be  fixed  by  the  city 
council,  and  may  be  by  the  city  council  changed,  from  time 
to  time,  as  they  shall  see  fit,  having  regard  to  the  number 
of  her  free  white  male  inhabitants,  so  that  each  ward  shall 
contain,  as  near  as  may  be,  the  same  number  of  free  white 
male  inhabitants.  The  city  council  may  make  and  create 
additional  wards,  as  occasion  may  require,  and  fix  the 
boundaries  thereof. 

Article  III. — OJlccrs,  their  Election  and  tOppoinfment. 

§  1.     The  municipal  government  of  the  city  shall  con-  omccrt. 
sist  of  a  city  council,  to  be  composed  of  tlie   mayor  and 
two  aldermen  from  each  ward.     The  other  officers  of  the 
corporation  shall  be  as  follows  :  a  city  clerk  and  attorney, 
a  city  marshal,  a  city  treasurer,  a  city  assessor  and   col- 
lector, a  city  surveyor  and  engineer,  and  a  city  supervi- 
sor, 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  servants  and  Bervanu      m« 
agents  of  the  corporation  as  may  be  provided  by  ordinance,   **"*'*' 
to  be   appointed  by  the  city  council,  and  to  perform    such 
duties  as  may  bo  prescribed  by  ordinance. 

§  "1.  All  officers,  elected  or  appointed  under  this  act,  tcmi, 
except  aldermen,  shall  hold  their  offices  for  one  year  and 
until  the  election  or  appointment  and  qualification  of  their 
successors,  respectively  ;  all  other  officers  mentioned  in 
this  act,  and  not  otherwise  specially  provided  for,  shall  be 
appointed  by  the  city  council,  by  ballot,  on  the  third  meet- 
ing of  the  council  in  each  year  after  the  regular  election, 
or  as  soon  thereafter  as  may  be  \  but  the  city  councU  may 


1S!)7.  80 

speoially  authorize  the  appointment  of  watclimen  and  po- 
liotinen   by  tlio   mayor  ;  to   contituie   in   office  iluring  the 

T\  \i».  pltMisurc  ot'  the  city  co\inoil  :    Pmrididy  the  mayor  or  mar- 

shal may  remove  tliem  from  office  for  good  cause  shown. 
All  otfieers  elected  or  appointed  to  fill  vacancies  shall  hold 
for  the  unexpired  term  only,  and  until  the  election  or  ap- 
pointment and  qualification  of  their  success  )rs. 

»  »i«  rpp'wcn-       ^  o.     The  sevcnil  wards  of  the  city  shall  be  represented 
*  '^'^  in  the  city  council  by  two  aldermen  from  each  ward,  who 

shall  be  bonafulc  residents  thereof,  and  hold  their  offices  for 
two  years  from  and  after  their  eltction  and  until  the  elec- 
tion and  qualification  of  their  successors.  They  shall  be 
divided  into  two  clas  es,  consisting  of  one  from  each  ward, 
so  that  one  from  each  ward  shall  be  annually  elected.  At 
tjje  first  meeting  of  the  city  council  after  the  first  election 
held  under  this  act  the  aldermen  shall  be  divided  into  two 

ouKM.  cla5?es  by  lot ;  the  terms  of  office  of  those  of  the  first  clasg 

shall  expire  in  one  year,  and  those  of  tlie  second  class  in 
two  years  ;  and  at  every  annual  election  after  the  first 
held  under  this  act  there  shall  be  one  alderman  elected  in 
each  ward  to  represent  sucli  ward  in  the  city  council. 

•j rv*«i  eioei:  a  §  4.  If  from  any  cause  there  shall  not  be  a  quorum  of 
aldermen,  the  clerk  and  attorney  shall  appoint  the  time  and 
place  of  holding  a  special  election  to  supply  such  vacan- 
cies, and  to  appoint  judges  thereof  if  necessary.  If  any  al- 
derman sliall  remove  from  the  ward  represented  by  him, 
his  office  shall  thereby  become  vacant.  If  there  should  be 
a  fadure  by  the  people  to  elect  any  officer  herein  required 
to  be  elected,  tlie  city  council  may  forthwith  order  a  new 
election. 

§  .").  Any  officer  elected  or  a])poiiited  to  any  office  may 
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  atininst  him,  and  heard  in 
hii  own  defence  ;  and  the  city  council  shall  have  power  to 
I  f^<»  Bt-  compel  the  attendance  of  witnesses,  and  the  production  of 
'  papers  when  necesnary  for  the  purpose  of  such  trial,  and 
shall  proceed  within  ten  days  to  luar  and  determine  the 
merits  nf  the  case  ;  and  if  siieh  officer  shall  neglect  to  ap- 
pear and  atiflwrr  to  such  charge,  then  the  city  council  may 
decUru  the  office  vacant:  I'nnultdy  this  section  shall  not 
apply  to  any  o.ticer  appointed  by  the  city  council.  »Sucli 
omcers  may  be  removed  at  any  time  by  a  two-third  vote 
as  aforesaid,  in  their  discretion  ;  but  any  officer  may  be 
suspended  until  the  disposition  of  all  charges  preferred. 

r»>«rY7.  ^  0.     Wheficver  any  vaeancy  shall  occur  in  the  office  of 

mayor  or  aldermen,  such  vaeancy  shall  be  filled  by  a  new 
election ;  and  the  city  council  shall  ord«;r  such  special 
election   within    ten   days   after   the  vacancy  phall   occur. 


•  IUmi 


ff  •«U0. 


31  1857. 

Any  vacancy  occurring  in  any  other  office  may  be  filled  by 
apj  ointment  of  the  the  city  council,  but  no  special  election 
sha  1  be  held  to  fill  vacancies  if  more  than  nine  months  of 
tlie  time  has  expired. 

§  7.     All  citizens  of  the  United  States,  qnalified  to  vote  Bii7it,iiity     t« 
at  any  election  held  under  this  act,  shall  be  qualified  to   "'"'^*' 
lio'd  any  office  created  by  this  act;  but  no  person  shall  be 
tli^ible  to  any  office  under  this  or  any  other  act  in  relation 
to  Si  id  city  who  is  now  or  may  hereafter  be  a  defaulter  to 
s:  id  city,  or  to  the  str.te  of  Illinois,  or  to  any  other  city  or 
county  thereol ;  and  any  person  shall  be  considered  a  de-  Defaulter. 
faulter  who  has  refused  or  neglected,  or  may  hereafter  re- 
fuse or  neglect,  for  thirty  days  after  demand,  to  account 
for  and  pay  over  to  the   party  authorized  to   receive  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. 

§  S.     When  two  or  more   candidates  for  any  elective  Eqnai     ntimbar 
office  shall  have  an  equal  number  of  votes  for  such  office,   *'''^"'®*- 
the  election  shall  be  determined  by  the  casting  of  lots  in 
the  presence  of  the  city  council. 

Article  IV. — Of  Elections, 

§  1.     A  general  election  for  all  the  officers  of  the  cor-  Time  ^f  h,irtin« 
poration  required  to  be  elected  by  this  act   or  any  ordi-   ■^°<"'»*  *'***** 
nance  of  the  city  shall  be  held  in  eacli  of  the  wards  of  the 
city,  on  the  first  Tuesday  of  March  in  each  year,  at  such 
places  as   the  city  co.incil   may  appoint,  and  of  which  at 
least  six  days'  previous  public  notice  shall   be  given,  by  Notie*. 
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   and    attorney  : 
Pruviifcd^  that  the  city  council  elected  for  the  said  city  for  ptotim. 
the  year  A.  D.  185G,  are  hereby  authorized    to  order  an 
election  at  any  time  for  the  election  of  said  officers  as  soon 
after  the  approval  of  this  act  as  may  be,  and   the  present 
clerk  and  attorney  may  give   the  notice   aforesaid.     And 
such  flection  shall  be  as  lawful  as  tliough  it  was   held  on 
the  said  first  Tuesday  in  March,  A.  D.  1857. 

§  1^.     The  manner  of  conducting  and  voting  at  the  elec-  K^nnpr  tt  «•■• 
tions   held   under  this   act,  and    contesting  the   same,  the   u"m"*^     '"^ 
keeping  of  the  poll  lists,  canvassing  of  the  votes,  and  cer- 
tify iiig  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:     Pravicled,   the    city   council    shall   have  fron». 
power  to  regulate   elections,  and  the    appointment  of  the 
judges   thereof.     The  voting  shall   be  by  ballot,  and   the  Tot« fcr  b»»»«t. 
judges  of  the  election  shall  take  the  same  oath  and  have 


1S5T.  S2 

the  same  power  and  aulliority,  as  the  judges  of  general 
eltciions.     AfttT  the  clt^sing  of  the  polls  the   hallots  shall 

ftMttnurtJc.  be  counted  in  the  manner  provided  by  law,  atid  the  return;? 
shall  he  returned  sealed  to  the  city  clerk  and  attorney, 
within  three   days  after  the  eh^ction  ;  and    thereupon    tho 

Citr  »^r---i   u  city  council  shall  meet  and  canvass  the  same,  and  ileclare 

«aTiM\ov.  ^j^^  result  of  the  election.  The  persons  having  the  highest 
n'unber  of  votes  for  any  ofilce  shall  be  declared  elected. 
It  shall  be  the  duty  of  the  city  clerk  and  attorney  to  nolily 
all  persons  elected  or  appointed  to  office  of  their  election 
or  appointment,  a>id  unless  such  persons  shall,  within 
twenty  days  thereafter,  qualify  the  office  shall  become  va- 
cant. 

■tuibiiitr cf  ^o-      §  •>•     No  persr,n  shall  be  entitled  to  vote  at  any  election 
**''•  under  this   act  who  is  not  entitled   to  vote  at  state  elec- 

tions, and  has  not  been  a  resident  of  said  city  at  least 
•six  months  next  preceding  said  election  ;  he  shall  have 
been,  moreover,  an  actual  resident  of  the  ward  in  which 
he  proposes  to  vote,  for  ten  days  j)revio\is  to  such  election, 
and  if  required  by  any  judge  or  qualified  voter,  shall  take 

(uh.  the  following  oatii  before  he  be  permitted  to  vote  :  "I  swear 

(or  affirm)  that  I  am  of  the  age  of  twenty- one  years,  that 
I  am  a  citizen  of  the  United  States,  (or  was  a  resident  of 
liiis  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  next  preceding  this  election, 
and  am  now  a  resident  and  have  been  ten  days  last  past  of 

rt0r,0>.  this  ward  and  have  not  voted  at  this  election  :"   Proi'idedj 

the  voter  shall  be  deemed  a  resident  of  the  ward  in  which 
he  is  accustomed  to  lodge. 

nmemvf^J>*^  5  ^-  ^^  election  fhall  be  held  in  any  place  where  in- 
toxicating liquors  are  vended  by  retail. 

5  5.  The  persons  entitled  to  vole  at  any  election  held 
under  this  act  shall  not  be  arrested  on  any  civil  process 
within  caid  city  jipon  the  day  on  which  such  election  is 
held;  and  all  persons  illegally  voting  at  any  election  held 
under  this  act  or  the  ordinances  of  the  city  in  j)ursuance 
thereof,  shall  be  punishable  according  to  tiic  laws  of  the 
state. 

Article  V. —  Powers  and  Duties  of  Officers. 

§1.  Every  person  chospn  or  appointed  to  any  office 
under  this  act  shall,  before  he  enters  on  the  duties  of  such 
office,  lake  and  flubBcribe  the  oath  of  office  prescribed  Id 
the  '1^'>\\\  Beclion  of  article  I'.'.th  of  the  constitution  of  thjf 
Btate,  and  that  he  will  well  and  faithfully  discharge  tlm 
duties  of  his  office  to  the  befit  of  his  ability,  and  file  th« 
■•me,  duly  certified  by  the  officers  before  whom  it  \yat 
taken,  with  the  city  clerk  and  attorney. 


88  1857. 

^  2.  The  mayor  shall,  before  he  enters  upon  the  duties  untiM. 
of  ills  office,  in  addilion  to  the  usual  oath,  swear  (or  affirm) 
that  he  will  devote  so  much  of  his  time  to  the  duties  of  his 
office  as  an  er.ieient  and  faithful  discharge  thereot  may  re- 
quire. He  shall  preside  over  the  meetings  of  the  city 
council,  and  shall  take  care  that  the  laws  of  this  state  and 
the  ordinances  of  said  city  are  duly  enforced,  respected 
and  observed  within  the  city,  and  that  all  other  officers  of 
the  city  discharge  their  respective  duties;  and  he  shall 
cause  all  negligence  and  positive  violations  of  duty  to  be 
prosecuted.  He  shall  from  time  to  time  give  the  city 
council  such  information  and  recommend  such  measures 
as  he  may  deem  advantageous  to  the  city. 

§  -J.  He  is  hereby  authorized  to  call  on  any  and  all  ^,''^J*^*"*  "'* 
male  inhabitants  of  t!ie  city  or  county  over  the  age  of 
eighteen  years,  to  aid  in  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 
efffct  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.     lie  shall   have  power  whenever  he  may  deem  it  Kxhitu of toov* 
necessary  to  require  of  any  of  the  officers  of  the  city,  an 
exhibit  of  all   his    books   and  papers  ;  and   he   shall   have 
power  to  execute  ail  a  jts  that  may  be  required  of  him  by 
this  act  or  any  ordinance  made  in  pursuiuce  hereof. 

§  5.     He  shall   be   liable  to   indictment  in  the  circuit  Liabilities.  . 
court  of  Macon  county  for  palpable  omission  of  duty,  will- 
ful oppression,  raalconduct  or  partiality  in  the  discharge  of 
the  duties  of  his  office,  and  upon  conviction  shall  be  sub-  "*' 

ject  to  a  fine  not  exceeding  one  hundred  dollars  ;  and  the 
court  shall  have  pov/er,  upon  recommendation  of  the  jury, 
to  add  as  part  of  the  judgment  that  he  be  removed  from 
office. 

§  0.     He  shall  receive  such  salary  as  may  be  fixed  by  Saiarr. 
ordinance,  not  exceeding  five  hundred  dollars  per  annum, 

§  7.     All  ordinances   and  resolutions  shall,  before  they  or.iin»ii«M  %n4 
take  effect,  be   placed  in  the  office  of  the    city  clerk    and    ^'^•""""' *'« 
attorney,  and  it  the  mayor  approve  thereof  he  shall  sign 
the  same  ;  and  such  as  he  shall  not  approve  he  shall  return  voto. 
to  the  council,  with  his  objections  thereto.     Upon  the  re- 
turn 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 
of  the  city  council  qualified   to  vote  shall   agree   by  the 
"ayes  and  noes,"  (which  shall  be  entered  on  the  journal,) 
to  pass  the  same,  it  shall  go  into  effect  ;  and  if  the  mayor 
shall  neglect  to  approve  or  object  to  any  such  proceedinga 
for  a  longer  period  than  three  days  after  the  same  shall  be 
placed  ifi  the  clerk's  office  a«  afore«aid,  the  same  shnll  rra 
—26 


1S57.  84 

i  .  ..>•.«>: wt*  into  eff.'ct.  He  shall,  c.r  officioy  have  power  to  aJiuinister 
an3'  oath  ro;jMirril  hy  this  act,  or  under  any  hwv  of  tliis 
5!tati',  to  takf  acknowk'dj^monts  of  deeds,  niort<];ai::;eS!  and 
all  «>ther  instruinenl!'  t>f  writinc;  and  ti'.ke  de|u»sitU)ns  and 
eertify  the  jume,  under  the  seal  of  tiie  city,  which  shall  be 
g0f»d  and  valid  in  l;nv. 

^i .   J  ^8.     In  case  of  vacancy  in  the  ofiice  of  mayor,  hy  reason 

of  temporaiy  «'r  continued  ahsence  or  siclcness,  or  any 
other  cause  or  disalulitN,  the  city  council  shall  aj>|)oint  one 
ol  its  members,  by  ballot,  to  preside  over  tlieir  meetings, 
whose  otficial  di  si^^nation  shall  be,  "Acting  Mayor,"  and 
the  alderman  so  appointed  shall  be  vested  with  all  tlie 
j>owers  antl  perform  all  the  duties  of  mayor  until  the  mayor 
shall  resume  his  duties,  or  the  vacancy  shall  be  filled  by  a 
new   election. 

r.-fw.f  .     .m       §  i>.     The  members  of  the  city  council  shall  he,  f.?'r/7?f/a, 

tfc!i|^-r».  il/'  ^^^  wardens  and  conservators  of  the  peace  within  the  city, 
and  are  hereby  atilhorized  and  it  is  made  their  duty  to  ar- 
rest all  jiersons  who  are  violating  or  have  violated  any  or- 
dinance cf  the  cits  or  any  law  of  the  state,  with  or  with- 
out prucesS;  and  have  thijn  ])r(>secuted  tlierelor;  and  any 
person  or  pers ms  who  shall  willfully  inltrruj)t  or  oppose 
them  in  the  <iischarge  of  the  requirements  hereof  shall  be 
suhjpct  to  the  srime  penalties  as  though  they  had  opj)OScd 
or  interrupts!  a  marshal,  sheriff  or  constable  in  the  legal 
diseharge  of  their  duties.  I'hey  shall  moreover  be  ex- 
empt from  jury  duty  and  street  labor,  or  the  payment  of 
street  taxes  during  tlieir  term  of  nffice. 

%mk'»  ^4  .w  §  10.  IMie  city  cleric  and  attorney  shall  keep  the  cor- 
porate seal  and  all  books  and  pa|)ers  belcnging  to  the  city. 
He  shall  attend  iill  meetings  o(  tlur  city  council,  aiid  keep 
a  full  record  of  their  proceedings  on  the  jotirnals;  and 
copies  of  all  papers  duly  filed  in  his  olfice  and  transcripta 
from  the  journals  of  the   proceedings  of  the    city  council, 

kTiViM*.  certified  by  him  tinder  the  corporate  seal,  shall  be  evidence 

in  all  courts  in  like  mann«'r  a"'  if  the  originals  were  pro- 
duced. He  shall  likewi'^e  draw  all  warrants  on  the  treas- 
ury and  countersign  the  same,  and  keep  an  accurate  ac- 
count ther«  of,  in  a  boctk  provided  lor  tliat  purjiose.  H« 
shall  al«o  keep  un  accurate  account  of  all  receij)ts  and  ex- 
penditures in  Rueh  manner  a^  the  city  council  may  direct; 

A4ai«4*tM»«iu  and  he  .ihall,  /".r  i>ffiri<iy  have  power  to  administer  any  oath 
required  to  b«*  taken  by  this  act  or  any  orditiance  of  tU« 
city;  to  take  depoaitiorH,  the  acknovv|p<lg)nents  of  deed)!, 
mortgag»«»  and  all  otln-r  in'^tniment.s  of  writin/j,  and  cer- 
tify the  flame  under  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law.  He  ahall  al.so,  as  city  attorney,  perform 
oil  ,<rofe«sional  Herviceg  incident  to  hh  otiice,  and  when 
required,  furnitih  written  opinioni  upon  questions  and  sub- 


i«rb«>'*  o«: 


35  1857. 

jects  su'  mitted  to  him  by  tlie  mayor,  the  city  council  or  its 
committees. 

§  11.  Tlie  city  treasurer  shall  receive  all  moiuy^  be- Tromreiu 
longing  to  the  city,  and  shall  keep  an  accurHtc  accjunt  of 
all  receipts  and  expenditures,  in  such  manner  as  the  city 
council  may  direct.  No  moneys  shall  ha  drawn  fVtun  the  wimintu,*- in,w 
treasury,  except  in  pursuance  oi  an  order  ot  tlie  city  coun- 
cil and  a  treasury  warrant  signed  by  the  mayor  or  pre- 
siding officer  and  countersignt^d  by  the  clerk  and  attorney; 
and  eacli  warrant  shail  specify  for  what  j)urpose  tiie  same 
is  to  be  [)aiJ.  The  trea.Muer  shall  exhibit  to  t'le  city 
council,  at  least  twent)  da^s  before  the  annual  election  in 
each  year,  and  oftener  if  required,  a  full  and  detailed  ac-  * 

count  of  all  recei[)ts  and  expenditures  since  the  da'e  of  tlie 
last  amaial  report,  and  also  the  state  of  the  trea.snry; 
which  shall  be  filed  in  the  city  clerk  and  attorney's  office. 

§  12.  Tlie  city  marshal  shall  perform  such  duties  as  Msisimi'iJuiicv 
shall  be  prescribed  by  the  city  council  for  the  preservition  '^  " 
of  tlie  public  peace,  the  collection  of  any  license  moneys, 
fines,  or  otherwise.  He  shall  posse.^s  the  power  of  a  con- 
stable under  the  statutes  ol  this  state,  and  receive  lilie  fees, 
but  shall  not  serve  civil  jjrocess  without  first  enterin;^  into 
bond  as  such  consta^jle,  to  be  approved  by  the  county  court 
as  in  other  cases.  He  shall  execute  or  cause  to  be  exe-  p.«cm«- 
cuted  and  return  all  proper  process  issued  by  any  proper 
offictr  under  this  act,  or  any  ordinance  of  the  city.  He 
shall  be  a  conservator  uf  the  peace  and  shall  have  the  same 
powers  as  the  mayor  in  caseof  uriot  orfray.  He  may  ap- 
point one  or  more  deputies,  to  be  approved  by  the  city 
council  before  entering  upon  duty,  and  the  siiid  deputy 
shall  take  and  subscribe  the  same  oath  as  the  m;irshul,  who 
shall  be  responsible  for  his  deputy's  acts. 

§  13.     The   city  surveyor  and   engineer  sliall  h;ue   the  8  in-oj-dr  and  en- 
sole   power,  under   the  direction   and   control   uf  the   city   ''""""^* 
council,  to  survey  within  the  city  limits,  and  he  shall  be 
governed  by  such  rules  and  ordinances,  and  receive  such 
lees  and  emoluments  for  his  services  as  the  city  council 
fhall  direct  and    prescribe.     He   .hall   possess  the  same 
powers  in  making  plats  and  surveys  within   the  city  as  is 
given  by  law  to  county  surveyors,  and  the  like  effect  and 
validity  shall  be  given  to  his  acts,  and  to  all  plats  and  sur-  v.uoiiy   u>  te 
vcys  made  by  Inm,  as  are  or  ma}  be  given   by  law  to  the 
acts,  plats  and  surveys  of  the  county  surveyor.     He  siiall, 
when  required,  superintend  the  CHnstnution  of  all  miblic 
work-;  ordered  by  the  city,  make   out   th.   plans  and  esti- 
mates thereof,  and  contract  for  the  execution  of  the  s;!me. 
He  shall  perform  all  surveying  and  engineering  ordered  by 
the  city  council,  and  shall,  under  their  direction,  est;iblish 
the  grades  and  boundaries  of  streets  and  alleys;  but  such  craiM. 
plans,  estimates  and  contracts,  grades  and  boundaries  sbaH 


lSo7.  86 

be  first  reporti'tl  to  llu'  city  council  :ind  approved  by  thera 
or  they  sl':'ll  not  be  vnliti. 
«ic.<;.  5  14.  The  assessor  and  eolloctor  shall  porfi)rni  all  the 
duties  in  relation  to  the  assisting  otprojierty  lor  the  pnrpose 
of  levyinji  the  taxes  imposed  hy  the  city  council.  In  the  per- 
lormance  of  his  duties  he  shall  have  the  same  powers  as 
are  or  may  be  given  by  law  to  county  or  town  asses- 
sors and  be  subjert  to  the  s;Mne  liiibil, ties.  On  compli-ting 
the  assessment  lists,  and  ha\iii<^  ii  vised  and  corrected  the 
same,  he  shall  sign  and  retifrn  them  to  the  city  council. 
«s,(n.<.  r.of  •ax-  He  siiall  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- 

r<»t.A>.  cil :  J'rttiii/(tfy  that  the  county  collector  ot"  Macon  county 

may,  in  the  discretion  of  the  city  council,  collect   the  an- 
nual general  tax  in  the  same    manner  as  state   and   county 
taxes  are  collected. 
M|ief'.*>r.  5  1.').     The  supervisor  shall  superintend    all  local   im- 

provements in  the  city,  and   carry  into  etTt-ct  all  orders  of 
the  city  council  in    relation  thereto.     It  shall    be  his  duty 
•  »«ninc  tt.-*rtj.  to   suj)erintend   and    supervise    the   opening  of  streets  and 
alleys  and  the  grading,  improving  and  ojiening  thereof,  and 
the   construction    and    repairing   of  bridges,  culverts   and 
sewers;  to  prder  the  laying  and  repairing  of  sidewalks;  to 
give  notice  to  the  owners  of  property  adjoining  such  side- 
walks when  re(|uired,  and  upon  the  f:»i!ure  of  any  person 
to  comply  with  such  notice,  to  cause  the  same  to  he  laid, 
relaid  or  repaired,  and  apportion  the  cost  thereof  among  the 
persons  or  lots  properly  chargeable  therewith,  and  deliver 
A^TMiM*.       u>  the  account  thereof  to  the    city  clerk  and   attorney,  to  be 
w^0m6turrTt4  j^-j  j,,.ff,r,,  (),p  ^.\[y  council;  to  make  ])lans  and  estimates  of 
any  work  ordered  in  relatinn  to  strrcts  .md  alleys,  bridges, 
culverts   or  sewers  ;  to    keep  full  and    accurate   accounts, 
in  appropriate  books,  of  all   appropriations  made  for  work 
pertaining  to   fiis   office  and  of  all  disbursements   thereof, 
specifying   to  whom    made    and  on   what   account,  and  ho 
shall  render  monthly  accounts  thereof  to  the  city  council. 
f«  •««ir«4iMir<       §  1»').     The  city  cotmcil  shall  h.ive  power  from  time  to 
'*••'•*•■         time  to   rcqtiire   further  and    other  duties   of  all   otficers 
who-ie    duties   are    herein   prescribed,   and   prescribe   the 
power.i  and  duties  of  all  officers   elected  or   appointed  to 
Buy  office  under  this  act,  whose  duties  arc  not  lierein  spc- 
M*r  r»n«»"»«^-  rifically  mentioned,  and  fix  their  compensation.     They  may 
****'■*"'*"*  also  require  all  officers,  severally,  Ijcforc  they  enter  upon 
their  respective   duties,  to   execute  a  bond  to    the   city  of 
Decatur,  in  such  sum  and  with  such  securities  as  they  may 
approve,  conditioned  that  they  shall  faithfully  exeeut«;  tlui 
duties  of  their  respective  offices,  and  account  for  and  pay 
over  Hud    deliver  all  money*  and    other   proj)erty  received 
bj  tliomi  which  boad,  with  tlie  approval  of  tiio  city  couQ^ 


37  1857. 

cil  certified  thereon  by  the  clerk  and  attorney,  shall  he 
filed  in  his  office. 

§  17.     It  any  person  having  been  an  officer  of  snid  city  '',^°f  i^"'J'p"J''; 
shall  not,  within  ten  days  after  notification  and  r«  tjuest,  de-    b,.k^,  &. ,  i* 
liver  to  his  siu'cessor  in  olFice  all   the    property,    books,     ""-*^''°''- 
papers  and  elFects  of  every  description,  in  hi^  possession, 
belonc;ing  to  said  city  or  aj)pertaining  to  his  said  (iffice,  he         — 
shall   torfeit   and    pay  for  the   tise  of   the    city  lilt)  dollars, 
besides  all  damages  caused  by  his  refusal  or  in  glt-ci  so  to 
deliver.     And  such   succesisor   may  recover  possession  of 
the  books,  papers  and  effects  belonging  to  his  office  in  the 
manner  prescribed  in  the  laws  of  the  state. 

§  18.     All  officers  elected  or  appointed    under  this  act  CommisMoii. 
slnjjl  be   commissioned    by    warrant   under   the   corporate 
seal,  signed  by  the   mayor  or   presiding  officer  of  the  city 
council  and  clerk  ai  d  attorney. 

Article  YI. —  Of  the  Les;isla/ive  Powers  of  the  (Vdy  Cuun- 
ci/,  i(s  General  Powers  and  Diilies. 

§  1.  The  mayor  and  aldermen  shall  constitute  the  city  ci*y  council, 
council  of  the  city.  The  city  council  shall  meet  at  such 
time  and  place  as  they  may  by  motion  or  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  anyone  of  the  aldermen  may  be  appointed  to  pre- 
side. A  majority  of  the  aldermen  elected  shall  constitute 
a  quorum. 

^  2.     No  member  of  the  city   council  shall,  during  the  No  mcn.ior  t« 

•>.      ,    „  I'll'         1.11  •     .      1  i  1  receive meiwyr. 

period  for  winch  he  is  elected,  be  appointed  to  or  be  com- 
petent to  iiold  any  office  of  which  the  emoluments  are  paid 
from  the  city  treasury,  or  j)aid  by  fees  directed  to  hf>  jiaid 
by  any  act  or  ordinance  of  the  city  council,  or  be  directly 
or  indirectly  interested  in  any  contract  the  expenses  or 
considerations  whereof  are  to  be  paid  under  any  ordinance 
of  the  city  council,  or  be  allowed  to  vote  in  any  matter  iti 
which  he  is  directly  interested,  personally  or  pecuniarily. 

^  ;').  The  city  council  shall  hold  twelve  stated  meetings,  Mpeii»i«. 
one  in  each  month,  in  each  year,  and  the  mayor  or  any 
two  aldermen  may  call  special  meetings,  by  notice  to  each 
member  of  the  council,  served  personally  or  left  at  their 
usual  places  of  abode.  Petitions  and  remonstrances  may 
be  presented  to  the  city  council,  and  they  shall  determine 
the  rules  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  mem- 
bers. 

§   4.     The  city  council  sliall   have    the    control    of   the  Fin»ii«v. 
finances  and  of  all  the  property,  real,  personal  and  mixed 
belonging  to  the  corporation;  shall  likewise  have  power, 
within  the  jurisdiction  of  the  city,  by  ordinance  ; 


iSoT.  38 


B^rw  aijnrr. 


1st.  To  borrow  money  on  tlie  credit  of  the  city  and  is- 
sue the  lioiuls  ot  the  city  therefor,  hut  no  sum  o(  money 
shall  l>e  borrowed  at  a  higher  rutt- of  intirejJt  ti  an  the  rate 
nllowid  hy  law,  nor  shall  u  greater  sum  or  sums  he  bor- 
rowed, or  at  any  tiin»'  outstanding,  the  inte rt'sL  upon  the 
a^ -rtgate  o(  which  shall  exceed  the  one-half  of  the  city 
revenue  arising  fioja  the  ordinary  taxes  within  the  city  for 
the  year  immediately  precedi.ijr  ;  and  no  bonds  sUidl  be 
issued  or  neu;oiiated  at  Irss  than  par  value.  The  appro- 
priations of  the  city  council  lor  payment  of  ijitfiest,  for 
improvements  and  for  cily  expenses  duriiiL;  any  one  fiscal 
V  .11  siirt  1  not  exceed  the  amount  of  the  whole  ordinary 
revenue  ul  tiie  city  for  the  fiscal  year  immediately  prece- 
Uin<T;  nut  ti  e  city  council  may  ai)p1y  any  surplus  money  in 
the  f.'  n-anrv  to  the  extinguishment  of  the  city  debt,  or  to 
t!ie  creation  of  a  sinkin;'  fund  for  that  purpose,  or  to  the 
carrying  ou  ol  the  puhlic  work;5  of  the  cify,  or  to  tlie  con- 
tini;ent  lund  for  the  contingent  expensi  s  of  the  city. 

ud.  To  appropriftte  mont-y  a!id  to  provide  for  the  pay- 
m»^nt  of  the  debts  and  expenses  of  the  city. 

•  'J.  To  make  regulations  to  prevent  tlie  introduction  of 
I  »iit*ginus  diseases  into  the  city;  to  mukc  quaranlinc  laws 
for  that  ])urpose  and  enforce  them  within  the  city,  and 
V.  itliii\  five  miles  thereof. 

tt!i.  To  make  regulations  to  secure  the  general  health 
aud  comt'ort  of  the  inhahitants;  to  prevent,  abate  and  re- 
move nuisanc»'«,  and  punish  the  authf)rs  thereof  by  penal- 
tie«,  fines  and  imprisonment ;  to  define  and  declare  what 
shall  be  deemed  nuisances,  and  authorize  and  direct  the 
summary  abatement  thereof  in  any  manner  they  may  di- 
rect or  <leem  expedient. 

oth.  To  proviile  tho  cily  with  vv'atcr  ;  to  make,  regulate 
and  establish  public  wells,  cistr-rns,  pumps,  drains,  hy- 
drant'; and  res(?rvoirs  in  tlie  streets  within  the  city  or  be- 
yond the  limits  thereof,  for  the  extingui'^hment  of  fires  and 
the  use  and  convenience  of  the  inhabitants,  and  to  prevent 
the  unnecessary  waste  of  water. 

tith.  T"  lO  exclusive   control  and  power  over  the 

streets,  a!  .  highways  of  the   city,  and  fo  abate  and 

rt:move  any  encroachments  or  obstructions  tht.-reon ;  to 
open,  alter  abolish,  widen,  extend,  straighten,  fstablish, 
re(;ulate,  grade,  clean  or  otherwise  improve;  the  same  ;  to 
p  :  '.  '  and  Sewers  tlurcin,  and  jireviuit  the  incumher- 
ii.  I   in  any  minmr,  and  protect  the  same  from  any 

iitcro.iehuieiit  or  injury  whatever. 

Tlh.  To  establish,  erect,  construct,   regulate  and  keep 

ill  repair  bridges,  culverts  and  sewers,  sidewalks  and  cross- 

'  ■       ilalc  the  construction  and    nse'of  the  same, 

ny  obstructions  or  encroachments  thereof; 

iter,  chaii'M!  and  .slraij^hten   tin;  channels  of 

:  and  nalurul  drains,  to  sewvr  tbo  s:ime,  or 


30  1857. 

wall  them  up  and  cover  them  over,  and  to  prevent,  regu- 
late and  control  the  fitting  up,  altering,  or  changing  tho 
channels  thereof  hy  |;rivate  persons.  ^ 

8th.  To  provide  for  lighting  the  streets  and  erecting  T-ightingnrc*-!*. 
lamp  posts  an;l  lamps  therein,  and  regulate  the  lit^liting 
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  side- walks. 

0th.  To  estahlish  and  erect  markets  and  market  houses, 
and  other  public  buildings  of  the  city,  and  provide  for  the 
government  and  regulation  thereof,  and  their  erection  and 
location,  and  to  authorI;ce  their  erection  in  tiie  streets  and 
avenues  of  the  city. 

loth.     To  provide  for  the  inclosing,  regulating  ond  im-  ^'^^''^  t-^*"""' 
proving  all  public  grdunds  and  crmetries  belonging  to  tho 
city,  and  to  direct  the  planting  and  preserving  of  ornament- 
al and  shade  trees  in  the  streets  and  public  grounds. 

11th.  To  erect   and    establish  one  or  mom   hospitals  or  r^^?: 
dispensaries,  and  control  end  regulate  the  same. 

12th.  To  prevent  the  incimbring  of  the  streets,  alleys,  ^;,\7^h^''j['*.  '* 
side- walks  or  public  grounds  with  carriages,  wagons,  carts, 
boxes,  lumber,  timbers,  fire-wood,  posts,  av/ning?,  signs  or 
any  other  substance  or  material,  and  to  compel  all  persons 
to  keep  the  snow,  ice,  dirt,  and  other  n»bbish  from  the 
side- walks  and  street  gutters  in  front  of  the  premises  <.>ccu- 
pied  by  them. 

l^jth.  To  license,  tax,  and  regulate  merciiants,  commis-  ^c*aa!-%c."^"" 
sion  merchants,  inn-keepers,  brokers,  money  brokers,  insu- 
rance brokers  and  auctioneers  ;  and  to  license,  tax,  regu- 
late, suppress  and  prohibit  hawkers,  pedlers,  pawn- 
brokers, grocery  keepers,  and  keepers  of  ordinaries, 
theatrical  or  any  other  exhibitions,  shows  and  amusements. 

1-tth.     To  licen«^e,  tax,  regulate  and  suppress  hackmen,  nacuxen,  dra-- 
draymen,  omnibus  drivers,  porters,  and  all  others  pursu-    men,  &c. 
ing  like   occupations,  with  or  without  veliicles,   and  pre- 
scribe their  charges  and    compensation.-,  and   to  regulate 
and  restrain  runners  for  cars  and  public  houses. 

loth.  To  license,  tax,  regulate  and  sujipress  and  pro-  oiuinra  taiiet, 
hibit  billiard  tables,  pin  alleys  and  ball  alleys  ;  to  suppress  "^" 
and  restrain  disorderly  houses,  tippling  shops,  bawdy 
house.^,  gaming  find  gambling  houses,  lotteries  and  all 
fraudulent  devices  and  practices,  and  all  gaining  with  cards, 
dice  and  all  other  games  of  chance,  and  to  authorize  the 
destruction  of  all  instruments  and  devices  used  for  the 
})urpose  of  gaming. 

Kjth.  To  authorize  the  proper  ofiicer  of  the  city  to  grant  uwns'f. 
and    issue   license)  and  to  direct   the   manner  of  issuing 
ihereof,  and  the  fees  and  (diarges  to  be  j)aid  therefor.     No 
license  shr.ll  be  granted   for  more  than  one  year,  and  not 


1S57.  40 

less  than  one  or  more  than  five  hundred  doUars  shall  be 
charged  therefor,  and  the  fees  for  issuing  the  same  shall 
not  be  more  than  one  cioiiar  ;  but  no  license  for  the  sale  of 
any  infoxicatint;  liijuors,  at  wh.olesale  or  retail,  sliall  be  is- 
sued for  l»'ss  than  fitty  dollars. 

Lienor*.  ITth.   To    restrain,    regulate    and    entirely  prohibit  the 

vending  or  selling  and  giving  away  of  any  intoxicating  or 
malt  liquors,  by  any  ju  rson  within  the  city,  except  by  per- 
sons duly  licensed;  to  lorl)id  the  selling  or  giving  away 
any  intoxicating  or  malt  liquors,  by  any  person,  to  any  mi- 
nor, apprentice  or  servant  witliout  the  consent  of  their  pa- 
rent, guardian  or  master  or  mistress,  and  to  punish  there- 
for. 

r.-».b mcAt*, «io.  iSth.  To  regulate  the  inspectiim  ajul  vending  of  fresh 
meats,  poultry  ;ind  vegetiibles,  of  butter  and  lard  and  other 
provisions,  and  the  place  and  manner  of  selling  fish  and 
inspecting  t!ie  same. 

Potci-  l!'tli.   To  regulate,  license  and  prohibit  butchers,  and  to 

revoke  their  license  for  malconduct  in  the  course  of  trade, 
i^i'th.  To  establish  stand;trd  weights  aiul  measures  to  be 
used  within  the  city;  to  recjuire  all  traders  or  dealers  in 
any  kind  of  })r()perty  which  is  sold  by  weight  or  measure 
to  cause  their  measures  a.nd  weights  to  be  tested  by  the 
city  sealer  and  to  be  subject  to  his  irispection.  The  stand- 
ard of  such  weights  and  measures  shall  be  conformable  to 
those  establishcci  by  law  or  ordinance. 

i»o>ut,  fc.»vk«,       2lst.  To  regulate  and  provide  for  the  inspection  of  and 
^"  measuring  lumher,  shingles,  tinilx-r,  posts,  staves,  heading, 

bricks,  stone  and  all  kind  of  materials  and  for  the  meas- 
uring of  all  kinds  of  mechanical  work,  anil  to  appoint  one 

B«r.»<wA,  he     or  more  inspectors  or  measurers. 

•J'Jd.  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  mea^Juring  of  fire  wood  char- 
coal and  other  fuel  to  be  sold  or  used  witiiin  the  city,  and 

R,  f,  1^.  the  place  and  manner  o^  selling  the  same. 

liod.  To  regjilate  the  inspection  of  beef,  ])ork,  flowr, 
mr-il  and  other  provisions,  salt,  whisky  and  other  liquors 
to  be  sold  in  barrels,  hogsheads  a'ul  other  vessels  or  pack- 
u'ffn  ;  to  apj)oint  weighers,  guagers  and  inspectors  and  to 
prescribe  their  duties  and  regulate  their  fees:  Provided^ 
that  nothing  herein  sh;ill  be  nuistrued  so  as  to  rerjuire  the 
if»«rpection  of  any  article"?  enumerated  herein  which  are  to 
be  ^liipped  be\r>nd  tin-  limits  of  this  state,  except  at  the  re- 
quent  of  the  owrier  or  his    agent. 

•  «■••«  2itli      To  retMiJate  the  weight  and  ([tjality  of  bread  to  bo 

sold  or  used  wifhir>  the  city. 

r««».-»  •J.'ith.  To  create,  estahlish  and  regulate  the  police  of  the 

city  ;  to  apjioint  WHlchrru  n  and  policemen  and  prescirbe 
their  duties  and  powers. 


41  1857. 

20th.  To   prevent  and  suppress  any  riof,   rout,  aflTra}*,  '*''-"''  *"=• 
noise,  disdirbance  or  disorckrly  assembly  in  any  public  or 
private  place  witliin  tlie  city. 

27th.  To  prohibit  and  prevent  and  suppress  horse  racing,  iiurtoranng. 
immoderate  riding  or  driving  in  the  streets,  and  to  cause 
persons  immoderately  riding  or  driving  as  aforesaid  to  be 
stopped  by  any  person  ;  to  prohibit  tlie  abuse  of  animals 
and  punisii  any  person  who  shall  abuse  any  animal;  to  com- 
pel persons  to  fasten  their  horses  and  other  animals  at- 
tached to  veiiicles  or  otherwise,  wiiile  standing  in  the 
streets. 

28th.  To    restrain   and    punisli   vagrants,  mendicants,  vagrants. 
strtM't  beggars  and  prostitutes. 

2'.Uh.  To  jirohibit,  prevent  and  suppress  and  regulate  norfcv  »w»ne, 
the  running  at  large  of  horses,  cattle,  swine,  sheep,  goats  "^^^ 
and  geese,  and  to  authorize  the  distraining,  impounoing  and 
sale  of  the  same  for  the  costs  of  the  jirocceding  and  penalty 
incurred,  and  to  impose  penalties  on  the  owners  thereof 
for  a  violation  of  any  ordinance  in  relation  thereto  ;  to 
regulate,  restrain  and  jirobibit  the  running  at  large  of  dogs, 
and  to  authorize  their  destruction  when  at  hirge  contrary 
to  ordinance  and  to  impose  penalties  on  the  owners  or 
keepers  thereof. 

lioth.  To  prolubit  and  restrain  the  rolling  ot  hoops,  unn-reMary.dis- 
ilywig  of  kites,  or  any  otlier  amusements  or  practices  tend- 
ing 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,  crying  of 
goods,  and  all  other  noises  or  j)ractices  tending  to  the  col- 
leclintc  of  persons  on  the  streets  or  walks. 

'jlst.  To  do  all  acts  and  make  all  regulations  which  may  toJo  «ii,ictef»>r 
be  necessary  or  expedient  for  the  promotion  of  health  and  Js^,ii^L'c!  '*' 
the  suppression  of  diseases. 

32d.  To  compel  the  owner  or  occupier  of  any  grocery,  oirenMve  iwi- 
cellar,  soap  or  tallow  chandler  or  blacksmith  shop,  tannery, 
stable,  slaughtering  houses  or  establishments,  establisli- 
ments  for  steaming  or  rendering  lard,  tallow,  oftal  or  any 
other  substance,  packing  houses,  breweries,  distilleries, 
privies,  sewers  or  any  other  establishment  where  nauseous, 
olfensive  or  unwholesome  business  may  be  carried  on,  to 
cleanse,  remove  or  abate  the  same,  and  to  direct  their  lo- 
cation, regulate  their  management  and  construction,  and 
to  abate  and  prohibit  them  witbin  the  city  and  to  the  dis- 
tance of  one  mile  from  the  limits  thereof. 

8:')d.  To  regulate  the  burial   of  the  dead  ;  to  establish  pn,,,,    (.,    j^, 
and  regulate  one  or  more  cemetries  ;  to  regulate  the  reg-    «'*»*'• 
isteriiig  of  births  and  deaths,  to   direct  the  re'urning  and 
keeping  of  bills  of  mortality,  and  to  impose  penalties  on 
phjsui  tns  and  sextons,  and  others,  for  any  default  in  the 
premises. 


4rr« 


IS57.  42 

*-'****  o4th.  To  provide  for  tlie  taking  the  census  of  the  inhabi- 

tants   )f  l)\e  city. 

w*r%  h  a   «  ;w')t!K  To  er«'it   I  nd  tstahlish  a  work  house  or  house  o( 

corret-tiou,  make  all  neec^siiy  resfulatious  tlierefoi*  an  I 
appoint  all  necessary  keept-rs  or  assistants.  In  such  work 
house  or  house  of  correction  may  be  confined  all  vagrants, 
stragglers,  idle  and  disorilcrly  persons,  who  may  be  com- 
mitttd  thereto  by  any  proper  orHcer,  and  all  persons  sen- 
tenced by  any  criminal  court  or  magistrnte  in  and  for  the 
city,  or  for  the  county  of  Macon,  for  any  misdemeanor  or 
crime  i)unij;liahle  b)  iuiprisonment  in  any  county  jail;  and 
any  person  who  sliail  fail  or  neglect  to  pay  any  fine,  penal- 
ty or  costs  iiiijiovi  d  by  any  ord. nance  of  the  city  tor  any 
misdemeanor,  or  breach  of  any  ordinance  of  tlie  city,  may, 
instei^d  of  being  committed  to  the  county  jail  of  Macon 
county,  be  kt'pt  titercin  subject  to  labor  and  confinement. 

Vftu'ni*  «uii-  3tJlh.  To  authorize  and  direct  the  taking  up  and  pro- 
viding for  the  safe  keeping  and  eilucation,  for  such  periods 
of  time  as  may  be  deemed  exj>edient,  of  all  cluldren  who 
are  destitute  of  proper  j)ar«i»tal  care,  wandering  about 
the  streets,  committing  mischief,  and  growing  up  in  men- 
dicHiicy,  ignorance,  idleness  and  vice. 

*'7th.  To  direct  and  control  the  laying  and  construction 
of  railroad  tracks,  bridges,  turn-outs  and  switches  in  the 
street;'  aiid  alleys,  and  the  location  of  depot  grounds  with- 
in the  city;  to  require  that  railroad  tracks,  switches  and 
turn-outs  shall  be  so  constructed  as  to  intefere  us  little  as 
possible  with  the  ordinary  travel  and  use  of  the  streets  and 
alleys;  and  that  sufficient  space  be  left  on  either  side  of 
said  tr.ifks-  for  the  naft'  and  convenient  passage  of  teams 
and  persons  ;  to  require  railroad  companies  to  keep  in  re- 
pair the  streets  through  which  their  track  may  run,  and 
m-jkf  at  d  keep  in  repair  suitable  crossings  at  intersections 
of  streets  and  alleys,  and  ditches,  and  sewers  and  culverts, 
when  tloj  city  council  shall  ileum  necessary;  to  direct  and 
prohibit  tlie  use,  and  regulate  the  ^peed  of  locomotive  en- 
gines %s/ii!.iM  the  limits  of  the  city;  t<»  prohibit  and  restrain 
railrrjai  companies  from  doing  storage  or  warehouse)  busi- 
ne»»  or  cdh-eting  pay  for  storage. 

o "f'  .  'J'lie  city  council  shall  have  power  (o  pass,  pub- 
lisli,  .  ii.  id  and  repeal  all  ordinances,  rules  and  regulations, 
n  cy  to  the  constitution  of  the   United  States  or  of 

ti.  fo'*  the   good    government,  p(;ace  and  order  of 

the  c  ity  and  the  trade  and  commerce  thereof,  that  may  be 
necefTfiary  cr  proper  to  carry  into  elTect  the  po^vers  vested 
by  ibis  act  in  the  corporation,  the  city  government,  or  any 
('!'  '     r      T;  to  enforce  the  observant^e  of  alUneh  inles, 

<>i  :.ii  poliee  regulations,  and  to  punish  violations 

ther.  .J  by  fines,  penalties  and  imprisonment  in  the  county 
jail.  '  ''\   yr'r:nu.  or  u'f)rk- I.mi  o-,  or    both,  iu    the  distretinn 


o-j.-. 


43  -  1857. 

of  the  court  or  magistrate  before  wliom  conviction  may 
be  hu'i  ;  but  no  line  or  penalty  shall  exceed  five  liundred 
dollor--',  nor  the  imprisonment  six  months  for  any  offence; 
and  such  fine  or  pt  nalty  may  be  recovered,  with  cost,  in 
an  action  of  debt,  ii\  the  name  or  for  tlic  use  of  t!ie  city, 
befort^  the  circuit  court  of  Macon  county,  where  the  fine 
or  penalty  exceeds  one  hundred  dollars,  or  before  the  po- 
lice iiia<^istrate  or  any  justice  of  the  peace  where  the  same 
is  one  hundred  dollars  or  under,  and  punishment  inflicted; 
and  any  person  upon  whom  any  fine  or  penalty  is  imposed 
siiall  stand  committed  until  the  payment  of  the  same  and 
costs,  and  in  default  thereof  may  be  imprisoned  in  the 
county  iail,  city  prison  or  work  house,  or  recjuired  to  labor 
on  till-  streets  or  other  public  works  of  the  city,  for  such 
time  and  in  such  manner  as  may  be  providied  by  ordinance. 

Article  VII. —  Of  Taxation. 

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

1st.  To  levy  and  collect,  annually,  taxes,  not  exceed-  Taxes. 
ing  five  mills  to  the  dollar,  on  the  assessed  value  of  all  real 
and  j)ersonal  estat^  and  proi)crty  within  the  city,  and  all 
persn;i;)l  property  of  the  inhabitiu\ts  thereof  made  taxable 
by  thf  laws  of  the  state  for  state  purposes,  to  defray  the 
general  and  contingent  expenses  of  the  city  not  herein 
otherwise  provided  for  ;  which  taxes  shall  constitute  the 
general  fund. 

2d.  To  levy  and  collect  taxes,  not  exceeding  five  mills  Tnx«s  lo  di«- 
to  the  dollar  ])er  annum,  on  all  property  subject  to  taxation,  de^I^.  '  "^"^ 
to  meet  the  interest  accruing  to  the  city  debt.  And  the 
city  council  shall  pass  no  ordinance  or  resolution  incurring 
or  creating  a  debt  without  at  the  same  time  making  pro- 
visions for  the  levying  a  tax  suiricient  to  meet  the  pay- 
ment of  the  interest  accruing  thereon  when  payable. 

3d.  To  annually  levy  and  collect  taxes  on  all  property 
subject  to  taxation,  when  required,  for  the  fcrection  of  a 
city  hill,  markets,  hospital,  city  prison  or  work  house,  the 
purchase  of  market  grounds,  public  squares  or  parks,  or 
any  oliur  public  improvements  :  Provided.,  the  estimated 
costs  I'f^iaid  improvements  may  be  apportioned  by  the  city 
couneil,  and  collected  by  a  series  of  annual  assessments; 
but  tie  cost  of  said  improvements,  may  be  levied  and  col- 
lected upon  all  the  real  estate  and  other  property  in  the 
division  of  the  city  in  which  they  are  located.  No  local 
improvements  under  this  section  shall  be  ordered  in  any  Tax  for  city  im- 
division,  unless  a  majority  of  the  aldermen  thereof  shall  i f«^<'«"«'"»- 
vote  in  favor  of  the  same.  But  no  taxes  shall  be  levied  in 
any  one  year  under  this  section  which  shall  exceed  iive 
mills  to  the  dollar  en  the  property  assessed  for  any  or  all 


1S57.  44 

the  nurpn^cs  herein  specified.     The  revenues  ari>^in£:j  from 
such  market  or  other  improvement.^  sliall  he  appUtd  to  the 
liqn'ulatinc;  the  costs  thereof,  and  taxes  shall  be  levied  and 
colleeted  to  make  up  the  <!<  ficiriiey. 
T.s   f«r   umr^      4tii.  To  levy   anil  colUet  upon  all  property  in  such  dis- 
Mi4  lamp  po6t}.  ^^jj,^  j^5  ^|jpy  g),j^|i   j-,.^),„  ji,^,^,   ^^  ^\^^^^.   create,  a  tax  suf- 
ficient to  defray  one-half  of  the  expenses  of  erecting  lamp 
posts  and  lamps,  and  lighting;  the  streets  in  such  district; 
and  the  tax  thus  collected  slrall   be  exclusively  expended 
for  such  purpose  in  the  district  paying  the  same. 
8»r«.t  t»«M  -"jtli.   To  require  (and   it   is  hereby   made   the  duty  of) 

every  male  resident  of  the  city,  over  the  age  of  twenty-one 
years,  and  under  tl>e  age  of  fifty  years,  who  is  an  able 
bodiivl  person  (and  the  city  council  shall  judge  of  the 
ability)  to  labor  three  days  in  each  year  upon  the  streets 
and  alleys  of  t!ie  city  ;  hut  any  person  may,  at  his  option, 
par  in  lieu  thereof  three  dollars  :  ProvidcH^  the  same  shall 
be  paid  within  three  days  after  notification  by  the  super- 
vi<5r»r.  In  default  of  payment  as  aforesaid,  the  sum  of  ihree 
dollars  and  costs  may  be  collected,  and  no  setoff  shall  be 
allowed  in  any  suit  brought  to  collect  the  same. 

Articlk    VIII. —  f')f  .'2s'icssmr7i/.'i  for     Opening    Streets 
and  ^QlUijs. 

§  1.     Tlie  city  council  shall  have  power  to  open  and  lay 

r«*.;e   fr..n3<i«.  out  puhlic  grounus,  squares,  streets,  alU-ys  and  highways, 

and  to  alt*  r,  widen,  construct,  straighten  and  discontinue 

the  same  ;  but  no  private  proj)erty  shall  he  taken  for  said 

purpose  without  the  consent  of  the  owners,  in  v/iitingex- 

firess'i^d,  or  by  making  just  and  full  com|)ensation  therefor, 
laving  regard  to  the  benefits  arising  from  the  making  of 
said  improvements,  to  tiie  owner  of  property  so  taken,  as 
well  as  the  damages  thereto. 

§   *2.     Thf^  city  council  shall   by   ordinance    direct    and 
,^,  prescribe   the   proceedings  for   ascertaining  the  damages 

►^  *       and    injury  occasioned  to   any  person    or  real  estate  for 

•u-f..  taking  any  property  for  the  jitivposes  mentioned  in  the  pro- 

ceeding section,  or  any  real  estate  upon  which  any  l)uild- 
ing^  may  be  situated,  in  whole  or  in  part,  and  the  assess- 
ment of  such  riamages  and  injiirv  ujion  such  person  or  real 
entntc  benefitted  by  tin?  improvements,  and  make  all  other 
rulp.i  and  regulation  by  ordinance  or  resolution  for  the 
purpose  of  opening,  widening,  straightening  and  laying  out 
of  !itreet<i,  alley.i,  public  grounds  and  squares  as  tiny  may 
deem  exjiedient  and  rutces'^ary  and  as  wisdom  and  experi- 
ence may  iiMgge?»t ;  and  siicli  streets,  allejR,  public  grounds 
and  squarrM,  when  constructed  accor<ling  to  micIi  ordi- 
nances shall  be  p'iblic  highways  and  public  squares  :  Pro- 


45  1857. 

vidcdy  any  person  interested  may  appeal  from  any  final  or-  Apr*iii. 
dor  of  tlie  city  council  for  opening,  widening,  altering 
straightening  any  street,  alley,  or  other  highway  or  public 
ground  to  the  circuit  court  of  Macon  county,  by  notice  in 
writing  to  the  mayor,  and  [give]  bond,  at  any  time  belore 
the  exj)iration  of  twenty  days  alter  the  passage  of  said 
final  order.  In  case  ot  appeal,  the  city  council  shall  make 
a  return  within  thirty  dnys  after  notice  thereof,  and  the 
court  shall,  at  tlie  next  term  after  return  filed  in  the  ollice 
of  the  clerk  thereof,  hear  and  determine  such  appeal,  and 
confirm  or  annul  the  proceedings.  Upon  the  trial  of  such 
appeal  all  questions  involved  in  such  proceedings,  inclu- 
ding the  amount  of  damages  sliall  be  open  to  investigation 
by  atlidavit  or  oral  testimony  adduced  to  the  court,  or  on 
application  of  either  party  the  amount  of  damages  may  be 
assessed  by  a  jury  in  said  court  without  formal  pleadings, 
and  the  judgment  rendered  accordingly  ;  and  the  burden 
of  pro.  f  shall  in  all  cases  be  upon  the  city  to  show  that 
the  proceedings  are  in  conformity  to  this  act  and  t!ie  or- 
dinances of  the  city  in  relation  thereto. 

§  o.  Whenever  any  street,  alley  or  higliway,  ])ublic 
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  owners 
thereof,  by  publication  in  the  newspaper  publishing  the  or- 
dinances of  the  city;  and  at  the  expiration  o<  ten  days  from 
the  time  such  notice  shall  receive  the  insertion  in  said  jia- 
per,  the  city  council  shall  choose,  by  ballot,  three  disinte- 
rested freeholders,  residing  in  the  city,  as  commissioners, 
to  ascertain  and  assess  the  damages  and  recompense  due 
the  owners  of  said  real  estate  respectively,  and  at  the 
tame  time  to  determine  what  persons  will  be  benefitted  by 
such  improvement  and  assess  the  damages  and  expenses 
thereof  on  the  real  estate  benefitted  thereby  in  proportion, 
as  nearly  as  may  be,  to  the  benefits  resulting  to  each.  A 
majority  of  all  the  aldermen  authorized  by  law  to  be  elect- 
ed shall  be  necessary  to  a  choice  ot  such  commissioners. 
The  said  commissioners  shall  be  sworn  faithfully  and  im- 
partially to  execute  iheir  duties  to  the  best  of  their  abili- 
ties. And  the  city  council  shall  direct  in  what  manner  the 
•aid  commissioners  shall  give  notice  of  their  meeting  to 
make  such  assessment ;  the  manner  of  proceeding  in  case 
of  buildings  having  to  be  taken  in  opaning  or  making  any 
■uch  improvement  and  notice  thereof  to  the  owner'or  owners 
of  such  building,  and  the  manner  of  proceeding  in  case 
•uch  building  has  to  be  sold,  and  in  what  mainner  said  com- 
missioners may  return  such  assessments  after  having  as- 
t^QMed  the  line,  «Qd  the  mauoer  of  tlie  proceedings  of  \Xi% 


]So7.  -16 

city  council  upon  return  of  STich  assessment  by  tlie  said 
coinnii<«ioners;  and  titey  saall  have  powtr  to  acci  ,  t  and 
comfinn  or  nniiul  such  assessment,  or  reler  tlie  same  back 
to  the  conimissinnrrj'.  Thty  shall  also  huve  jiower  1o  re- 
move said  eomtnissioners  and  appoint  others  m  their  place 
and  to  fill  any  vacaney  that  may  occur  in  said  board  of 
commissioners.  And  the  city  council  shall  also  have  pow- 
er, alter  due  consi  leiatijn  of  such  assessment  or  tie  jiulg- 
ment  of  the  circuit  court  in  case  of  apj)eal,  and  siiuuld 
they  decide  the  amoun^  of  dainacjes  is  not  unre.isoi:a^ic  or 
more  than  should  h«*  given,  and  the  state  of  the  linanc  es  of 
the  city  will  justify,  they  may  order  the  same  to  be  paid;  and 
the  same  beincj  paid  or  tendt-redin  case  of  residents  or  de- 
positeil  to  the  tise  of  nonresidents  in  .<;omc  safe  place  ;  {\ib 
supervisor  shall  proceed  to  open  such  street  or  maUe  such 
improvement, 
"f'/ntiufcc^  '"''  ?  "^^  When  any  known  owner  or  other  person  having 
an  interest  in  any  real  estate,  residing  in  this  city,  oi  else- 
where, shall  be  an  infant,  and  any  proceedings  shall  he  had 
under  this  act,  the  jinlge  of  the  cireuit  court  of  JSIacon 
county  and  the  county  judge  of  said  c(»unty  may,  upon  ap- 
plication by  the  city  council,  or  such  infant  or  his  next 
friend,  appoint  a  guardian  for  such  infant,  taking  security 
from  such  gtianiians  for  the  fnithful  performance  of  sucn 
trust;  and  all  notices  and  summons  required  by  this  act  or 
any  ordinance  of  the  city  council  shall  be  served  on  such 
guardians. 

^n-•'T'•    TX. —  /^"^'/V     Improvrvinits    (nul     .^wicss/nciUs 

therefor. 

f  1.  'i  he  city  council  shall  have  power,  from  time  to 
time,  to  cause  any  street,  alley,  or  other  highways  to  bo 
graded,  regratled,  leveled,  j)Kvi'd  <ir  phiiiked,  and  keep 
the  same  and  plter  and  change  the  same. 

t!.  To  cause  side  and  cross  walks,  main  drains  and 
»»i  '  <  stwer«»  an«l  |)rivate  draiti^  to  he  constructed  and  laid,  re- 
laid,  el»-ansed  and  rej  uired,  and  regiiiiite  the  same. 

•  '.  Tite  city  ciMincil  shall  have  power  to  assess  and 
coll*  ct  of  the  owners  of  lots  or  real  (state,  on  any  street 
or  other  highway,  or  any  |)art  thereof,  in  the  same  man- 
nff  as  other  city  taxes,  or  in  such  manner  as  may  h.  pro- 
Hcribrd  by  ordinance,  for  tin;  ])ur|)ose  of  grading,  )>:iving 
or  planking  •fuch  street  or  other  highway  :  Providnl.,  that 
such  tax  whall  not  r»xceed  five  mills  on  the  dollar  per  an- 
num of  the  valtie  of  the  property  assessed. 

5  [4]  2.  That  for  the  purpose  of  establishing  a  system 
of  f^pwerage  «nd  dminage,  the  city  council  shall  havo 
power  to  cause  the  city  to  be  laid  oft'  into  districts,  to  b«i 
drained  by  principal  and  tributary  sewers  or  drains,  having 


0^1 


«»>y  4^tMr4 


><l 


4Y  18^)7. 

1  efererice  to  a  general  plan  of  drainage  by  sewers  and  drains 
lor  the  whole  city,  and  ninnber  and  n  eord  the  same. 

§  [5]  y>.  That  whenever  a  majority  in  number  of  the  speci.i  t«.x. 
owners  of  real  estate  within  any  district  shall  petition  the 
\'ity  council  for  the  cun5;lruction  of  such  drains  or  sewers  in 
such  district  tiie  city  council  shall  have  power  to  levy  and 
collect  a  special  tax  on  the  real  estate  within  the  <listrict 
so  drained,  and  not  to  exceed  five  mills  to  the  doMar,  per 
annum,  on  the  assessed  value  thereof,  for  the  purpose  of 
construitii.jT  such  sewers  and  drains  ;  whiclr  tax  shull  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  wliicli  it  is  assessed  ;  and  the  ci^y  council  shall 
have  power  to  provide  lor  the  construction  and  letting 
of  such  sewers  and  drains,  or  such  parts  thereof  as  they 
shall  deem  necessary,  and  may  from  ume  to  tim«>  extend, 
ejilargp  or  alter  the  same,  upon  such  terms  and  conditions 
as  they  may  deem  proper  ;  and  the  city  council  shall  have 
povv  er  to  borrow  money  lor  the  const»*ucti<)o  of  such  sewers 
and  drains,  i)a)ab!e  in  principal  and  interest  from  the 
special  tax  collected  in  such  districts,  or  the  city  council 
may  apportion  the  estimated  cost  of  such  drains  and  sew- 
ers and  collect  the  same  by  a  series  of  annual  assessments  ; 
but  no  ordinance  creating  such  debt,  special  tax  or  ap- 
portionment shall  be  repealed  or  altered  until  the  debt 
created  thereby  shall  have  been  paid. 

^  [G]  4.  All  owners  or  occupants  oflots  or  lands  in  front  suie-waiki'. 
of  or  adjoining  or  upon  whose  premises  the  city  council 
shall  ordtT  and  direct  side-walks  or  private  drains,  com'nu- 
nicating  witii  any  main  drains,  to  be  constructed,  graded, 
repaired,  laid  or  reluid  or  cleansed,  or  shall  declare  any 
such  lands  or  lots  to  be  nuisances,  and  order  the  same  to 
be  graded,  filled  up  and  drained,  or  otherwise  improved, 
ghall  make,  grade  repair,  or  relay  such  side-walk,  or 
make,  repair  or  cleanse  such  private  drain,  or  grade, 
fill  up,  drain  or  othcrv/ise  improve  such  lot  or  land  at  their 
own  cost  and  charges,  within  the  time  and  in  the  manner 
prescribed  by  ordinance  or  otherwise,  and  if  not  done 
within  the  time  and  in  the  manner  prescribed  the  city 
council  may  caune  the  same  to  be  constructed,  repaired, 
relayed,  cleaned,  filled  up,  graded,  drained,  or  otherwise 
improved,  and  assess  the  expense  thereof,  by  an  order  to 
be  entered  in  their  proceedings,  upon  the  lots  and  lands 
respectively,  and  collect  the  same  by  warrant  and  sale  of 
the  premises,  as  in  other  cases.  An  action  in  afsn7?ij)sit 
may  also  be  maintained  against  the  owner  or  occupant  of 
such  premises,  for  the  recfivcry  of  such  expenses  as  for 
money  paid  and  laid  out  to  his  or  their  use  at  his  or  their 
request.     8ucli  suit  may  be  brought  either  in  the  circuit 


ISoT.  4S 

court  of  Macon  county  or  before  any  police  magistrate 
where  tiic  amount  is  one  hundred  dollars  or  under. 
T*x  f-x  r«aoT*i  A  (~i  ■").  In  all  cases  w'lere  expeusos  may  be  iucurrcd in 
the  removal  or  abatement  oi  any  nuisance,  l!ie  city  council 
may  cause  the  same  to  be  assessed  .igaiust  the  real  es- 
tate 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,  by 
suit,  as  provided  in  the  preceding  section  ;  and  in  case  the 
same  should  not  be  chargeable  to  any  real  estate,  suit  may 
in  like  manner  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. 

§  [S")  0.  The  city  council  shall  have  power  to  compel  the 
owners  .  r  occupants  of  lots  or  griuind  fronting  or  adjoin- 
ing any  private  or  public  alley  to  keep  the  same  clean,  and 
if  necessary,  direct  the  same  to  be  paved,  planked,  or 
otherwise,  and  the  costs  thereof  to  be  assessed  and  collect- 
ed in  the  same  manner  as  side  walk  assessment. 

Article  X. — ^■]ssscssme7it  ajid  CuUectioii    of  Taxes. 


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

A«je«»«u  "•  §  '1.  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 
council.  On  the  return  thereof,  tlic  city  council  shall  fix 
a  day  for  hearing  objections  thereto,  and  the  clerk  and 
attorney  shall  give  notice  of  the  time  and  place  of  such 
hearing,  by  publication  in  the  new?i)aper  publishing  the 
ordinances  of  the  city;  and  any  peraou  feeling  aggrieved 
by  the  assessment  of  his  property  may  appear  at  the  time 
Fj)ecifi(;d  and  make  his  objections.  Tiie  city  council 
shall  have  power  to  supply  omissions  in  said  assessment 
lists,  and  for  the  purpose  of  equalizing  the  same  to  alter, 
add  to  or  take  therefrom,  and  otherwise  correct  and  re- 
vise the  same  or  to  refer  it  back  to  the  assessor,  with  in- 
structions to  revise  and  correct  the  same. 

UAiftiH  §  3.     When  the    assessment  lists  have   been  corrected 

and  revised  the  same  shaJl  be  filed,  and  an  order  confirm- 
ing tbe  same  and  directing  a  warrant  to  be  issued  fur  the 
cllection  thereof  bIihU  be  passed  by  the  city  council  and 
entered  by  the  clerk  anff  attorney.  The  city  council 
fhall  thereupon,  by  ordinance  or  resolution,  levy  such 
f  lun  or  toms  of  mooey  u  may  be  sufficient  for  the  feyoral 


49  1857 

f)urposes  for  which  taxes  are  herein  authorized  t<»  be 
evied,  not  exceeding  the  authorized  per  cenlage,  par- 
ticularly specifying  the  purposes  for  which  the  same  are 
levied,  and  if  not  for  general  purposes,  the  division  <>f  the  • 

city  upon  which  the  same  aie  laid. 

§  4.  All  taxes  and  assessments,  general  or  special, '*,i<,^^  "*""  ' 
levied  or  asses>;ed  by  the  city  council  under  this  act,  or 
any  ordinance  in  pursuance  thereof,  shall  be  a  lien  upon 
the  real  estate  upon  which  thesame  may  be  imposed,  voted 
or  assessed  lor  two  years  from  and  after  the  coiretted 
assessment  lists  shall  be  C(.)nfirmed,  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  afTect  the 
lien.  Any  personal  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  :  Pruvi- 
dc(/,  that  in  case  the  collection  of  any  assessment  shall  be 
delayed  by  any  judicial  proceeding,  the  same  shall  con- 
tinue, unless  set  aside,  upon  the  real  estate  for  the  term 
of  two  years  from  and  after  the  final  disposition  of  such  ju- 
dicial proceeding. 

6  ,').  The  clerk  and  attorney  shall  issue  a  warrant  or  war-  Warrant  for  ii.o 
rants  for  the  taxes,  and  rule  therein  separate  columns,  in 
which  the  taxes  levied  shall  be  respectively  set  down  oppo- 
site the  name  of  the  person  or  such  real  estate  subject  there- 
to. Each  column  shall  be  headed  with  the  name  ot  the  tax 
therein  set  down. 

§  0.     All  warrants  issued  for  the  collection  of  general  warmnf  sigi  cd 
or   special  taxes  and  assessments  shall  be    signed  by  the   ^^  '"•yor. 
mayor  and  clerk  and  attorney,  with   the  corporate  seal 
thereto  attached,  and  shall  contain  true  and  perfect  copies 
of  tlie  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  cor- 
rected lists  unless  lurther  time  for  this  purpose  shall  be 
given  by  the  city  council.     If  not  otherwise  paid  the  col- 
lector shall  have  power  to  collect  said  tax,  with  interest 
and  costs  by  suit  in  the  corporate  name,  or  by  distress  and 
sale  of  i)ersonal  property  as  aforesaid,  after  a  demand  and 
refusal  to  pay  the  same  :  Provided,  ten  days'  notice,  pub-  Proviso. 
lishcd    in  the  newspaper  publishing  the  ordinances  of  the 
city,  by  the  collector,  shall  be  deemed  a  demand,  and  a 
neglect  to  pay  taxes  for  twenty  days  thereafter  shall  be 
deemed  a  refusal.     The  assessor's  list  shall  in  all  cases  be 
evidence  on  the  part  of  the  corporation. 
—26 


1S.">7.  50 

i«  ..  Of  to  o«!-  ^  7.  All  taxes  and  a<!ses<:ments,  general  or  special, 
'"^  shall  be  coll(>cteil  by  the  eity  collectors:  J^rurith  d,  ihe 
city  council  nnv  in  tlieir  discretion  authorize  the  county 
collectors  of  ^facon  county  to  collect  general  taxes  in 
the  same  manner  and  with  the  same  authority  and  power 
as  is  given  by  law  to  collectors  of  cotinty  and  state  taxes. 
He  shall  pay  the  same  as  fast  as  collected  into  the  city 
treasury,  and  his  duty  in  regard  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  in 
regard  to  county  collectors  :  Pravii/a/,  the  city  council 
shall  have  power  to  prescribe  the  powers,  duties  and  lia- 
bilities of  collectors  by  ordinance. 

K.^wrincut   of      J  8.     In     case   of    nonpayintiit  of  any    taxes,  assess- 

'**^'  ments  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  assesf-mcnt  by  the  city 
council.  Before  any  siich  sale  or  order  shall  be  made  by 
the  city  council,  which  shall  l)e  entered  at  large  in  the 
journals  or  record  kej)t  l)y  the  clerk  and  attorney, directing 
the  collector  to  sell,  jiarticularly  describing  the  delinquent 
prf  mises  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  officer 
and  clerk  and  attorney,  shall  be  delivered  to  the  collector, 
which  togi  ther  with  the  warrant  shall  constitute  the  pro- 
cess upon  which  such  sale  may  be  made. 

A4»»  ..<>.  §  '.».     The  collector  shall  then  advertise  such  premises, 

in  the  newspaper,  at  least  thirty  days  from  and  after  the 
tlie  first  publication  of  such  notice,  describing  the  premi- 
ses, by  fi:5ures  or  otherwise,  with  the  name  of  the  owner 
(when  known)  and  the  several  amounts  of  the  taxes  and 
assessments  thereon  and  costs.  Said  advertisement  shall 
also  contain  the  time  and  ])lace  of  sale,  and  shall  be 
published  at  least  two  times.  The  proceedings  may  be 
stopped  at  any  time  on  the  ])ayment  of  taxes,  and  assess- 
ments, interests  and  costs  with  ex[)fnse3  of  advertising. 

T«« •»;««.  §   I**.     All  sales   shall  be   coTiductcd  in  the  manner  re- 

quired by  law,  but  the  city  council  shall  have  power  to 
prescribe  the  manner  of  oonduoting  the  same.  Sale 
shall  be  made  for  the  smallest  portion  of  ground,  to  bo 
taken  from  the  east  side  of  the  premises,  for  which  ^ny 
per.ion  will  takp  the  same  and  pay  the  taxes  or  asscss- 
raer.t^  thereon  with  interests  and  all  costs.  Duplicate  cer- 
tificates of  sale  shall  be  made  and  subscribed  by  the  col- 
lector, one  of  whieli  shall  l)o  delivered  to  the  purchaser 
and  the  otlipr  filrd  in  the  office  of  the  clerk  and  attorney  ; 
which  certificate  shall  contain  the  name  of  the  purchaser, 
a  descrijition  of  the  premises  sold,  the  amount  of  taxes  or 
asfessmentSj  with  the  interest  and  expenses  for  which  the 


51  1857. 

same  was  sold,  and  the  time  when  the  right  to  redeem  will 
expire.  The  collector  shall  be  allowed  the  same  lees  lor 
selling  as  are  allowed  by  law  for  sales  made  by  county 
collectors,  or  his  fies  may  be  regulated  by  ordinance. 
The  clerk  and  attorney  shall  keep  a  record  of  such  sales, 
which  shall  be  open  to  public  inspection  at  all  reasonable 
times. 

§  11.  The  right  of  redemption  in  all  cases  for  sales  for  Bcdemption. 
taxes  or  assessments  siiall  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  county  or  state  taxes, 
on  the  payment  in  specie  of  dduble  the  amount  for  which 
the  same  was  sold,  and  all  taxes  accruing  subsequent  to 
the  sale,  with  ten  per  cent,  interest.  If  the  real  estate  of 
;my  infant,  fimmc  covert,  or  lunatic  or  insane  person  be 
sold  under  this  act,  the  same  may  be  redeemed  at  any  time 
within  one  year  after  such  disability  is  removed.  In  case 
of  redemption  the  money  may  be  j)aid  to  tlie  purchaser, 
or  for  him  to  the  clerk  and  attorney,  who  fliall  make  a 
special  deposit  thereof  with  the  treasurer,  taking  his  re- 
ceipt therefor.  If  not  reedemed  according  to  law  the  city  Deed, 
council  shall,  up<'n  return  of  the  certificate,  or  proof  of  tlie 
loss,  direct  a  deed  to  be  executed  to  the  purchaser,  under 
the  corporate  seal,  signed  by  the  mayor  or  presiding  offi- 
cer of  the  city  council,  and  countersigned  by  the  clerk 
and  attorney,  conveying  to  such  jjurchaser  the  premises 
so  sold  and  unredeemed  as  aforesaid.  An  abstract  of  all 
deeds  so  made  and  delivered  shall  be  entered  by  the  clerk 
and  attorney  in  the  book  wherein  tax  sales  are  recorded. 
A  fee  of  one  dollar  may  be  charged  by  the  clerk  and  at- 
torney for  any  deed  so  issued. 

§  12.     The  assignee  of  any  tax  certificate  of  any  prem-  A-^^ignee  to  re- 
ises   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. 

§  1:3.     If  at  any  sale  of  personal  or  real  estate  for  taxes  oiiy  to  i.oo.«it 
or  assessments  no  bid  shall  be  made  for  any  parcel  of  land   p^^^'*"^'*"- 
or  personal  property,  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  at  such  sales. 

§  14.     All  deeds   made  to   purchasers  of  lots   sold  for  dop<5«  tow««Ti. 
takes  or  assessments  by  order  of  the  city  council,  shall  be  **°'*" 
prima  fticie  evidence  in  all  controversies  and  suits  in  re- 
lation to  the  right  of  the  purchaser,  his  heirs  or  assigns,  to 
the  premises  thereby  conveyed,  of  the  following  facts  : 

1st.  That  the  land  or  lot  conveyed  was  subject  to  tax- 
ation or  assessment  at  the  time  the  same  was   advertised 


1?57.  52 

for  sale,  ami  had  been  listed   and  assessed  in  the  time  and 
manner  required  by  law. 

•Jd.  Tiiat  the  taxes  or  assessments  were  not  paid  at  any 
time  before  the  sale. 

t»d.  Ttiat  the  land  conveyed  had  not  been  redeemed  from 
the  sale  at  the  date  of  the  deed,  and  shall  be  conclusive 
evidence  of  the  following  facts: 

1st.  That  the  land  or  lot  was  advertised  for  sale  for  the 
length  of  time  and  in  tin-  manner  required  bv  law. 

lid.  That  the  land  was  sold  for  taxes  or  assessments  as 
stated  in  tiie  deed. 

3d.  That  the  grantee  in  the  deed  was  the  purchaser. 

4th.  'Wiat  the  sale  was  conducted  in  the  manner  required 
by  law  ;  and  in  all  controversies  and  suits  involving  the  title 
to  land  claimed  and  lield  umlorand  by  virtue  of  such  deed, 
the  person  or  persons  claiming  title  adverse  to  the  title 
conveyed  by  sucii  deed,  shall  be  required  to  ])rove,  in  or- 
der to  defeat  the  said  title,  either  that  the  land  or  lot  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  assessment,  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  tlie  state  ;  but  no  person  shall  be  per- 
mitted to  question  the  title  acquired  by  the  said  deed, 
without  first  showing  that  he,  she  or  they  or  the  person 
under  whom  he,  she  or  they  claim  title,  had  title  to  the 
land  at  th*^  time  of  the  sale,  or  that  the  title  was  obtained 
from  tiie  United  States  or  this  state  after  the  sale,  and  that 
all  taxes  due  upon  the  lands  have  been  ])aid  by  such  per- 
son or  persons  under  whom  he  claims  title  as  aforesaid. 

Article  XI. — Fire  Drpdrtmcnt, 

V  .ii-.bmiwir.f  §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  witl»- 
in  tlip  limits  prescribed  by  thrni,  withoiit  their  permission, 
and  direct  and  prescribe  that  all  buildings  within  the  limits 
prescribed  shall  be  made  or  constructed  of  fire  j)roof  ma- 
terial?*, and  to  [)roliibit  the  rebuilding  or  repairing  of  wood- 
en buildings  within  the  fire  limits,  when  the  same  shall 
have  been  damaged  to  t'e  extent  of  fifty  per  cent,  of  the 
value  thereof,  and  to  prescribe  the  manner  of  ascertaining 
fuch  damages  ;  to  declare  all  dila|)idated  buildings  to  be 
n«jisance«»,  and  to  direct  the  same  to  be  repaired,  removed 
or  abated  in  such  manner  as  th«;y  shall  j)rescribe  and  di- 
rect;  to  declare  all  wooden  buildings  within  fire  limits, 
which  they  may  deem  dangerous  to   contiguous  buildings, 


5S  1857. 

or  in  causing  or  promoting  fires  to  be  nuisances,  and  to  re- 
quire anil  cause  the  same  to  be  removed  or  abated  in  such 
manner  as  tliey  shall  prescribe  :  J^ruru/cd,  that  the  ordi- 
nance entitled  "An  or<'itjance  lor  the  prevention  ot  fires, 
and  establishing  tire  limits,"  passed  and  approved  tlie  tenth 
day  of  April,  A.  D.  l-S-jt),  by  the  city  council  elected  for 
tlie  year  IS")!;,  shall  remain  in  full  force  and  eitect  until  the 
same  is  repealed  by  the  city  council  elected  under  this  act, 
and  the  limits  prescribed  in  said  ordinance  may  be  extended 
at  any  time  the  city  council  may  deem  proper,  and  the 
circuit  court  of  Macon  county  and  all  police  magistrates 
shall  have  jurisdiction  in  any  case  arising  under  said  ordi- 
nance or  any  ordinance  in  relation  to  the  matters  under 
this  section. 

.5  -.     Tiie  city  council  shall  have  power — 
1st.  To  regulate  the  construction  of  chimnejs  and  Hues  cbimno'. 
so  as  to  admit  of  chimney  sweeps   or  other  mode  of  clean- 
ing, and  to   compel  the  sweeping   and  cleanii  g  of  chim- 
neys. 

'2d.  To  prevent  and  prohibit  the  dangerous  construc- 
tion and  condition  of  chimneys,  flues,  tire  places,  slove 
pipes,  ovens  or  any  other  apparatus  used  in  or  about  any 
building  or  manufactory  and  to  cause  the  same  to  be  re- 
moved or  placed  in  a  secure  and  safe  condition,  when  con- 
sidered dangerous. 

;)d.   To  prevent  the  depositof  ashes  in  unsafe  places,  and  asIim. 
to  appoint  one  or  more   officers  to  enter  into  all   buildings 
and  inclosures,  to  examine  and  discover  whether  the  same 
are  in  a  dangerous  state  and  to  cause  such  as  may  be  dan- 
gerous to  be  put  in  a  safe  condition. 

4th.  To  lequire  the  inhabitants  to  provide  as  many  fire  ri.cbuik*tF. 
buckets,  and  in  such   manner  and  time    as  they  shall   j^re- 
scribe,  and  to  regulate  the  use  thereof  in  times  of  fire,  and 
to  rerjulre  all  owners  and  occupants  of  buildings  to  construct 
and  keep  in  repair  wells  or  cisterns  u[)on  their  premises. 

cJth.  To  regulate  and  prevent  the  carrying  on  of  manu- 
factories and  works  dangerous  in  promoting  fires. 

0th.  To   regulate,  prevent   and   prohibit  the  use  of  fire  riro  w„rk*  ^.nd 
works  and  iirearms. 

Tth.  To  direct  and  prohibit  the  management  of  houses  for  Gunpowder,  x«. 
the  storing  of  gunpowder  and  other  combustible  and  dan- 
gerous materials,  within  the  city  ;  to  regulate  the  keeping 
and   conveying  of  the  same,  and   the  use  of  candles    and 
other  lights  in  stables  and  other  public  places. 

Sth.  To  regulate  and  prescribe  the  manner  and  order  the  w..ii?,  &c. 
building  of  parapet  and  j)artition   walls    and   of  partition 
fences. 

Oth.  To  compel  the  owners  or  occupants  of  houses  or  Knnn',i<r. 
other  buildings  to   have  scuttles  in  the  roofs  and  s'.airs  or 
ladders  leading  to  the  same. 


in  c«,«  of  flto,  prevj>,j(ion  and  t'Xtinguish.nent  of  fires  as  the  city  council 


1S.->T.  54 

I  10th.     To  authorize  the  mayor,  fire   wardens  or  other 

Tc  officers  of  tlie  city  to  keep  away  from  the  vicinity  of  any 

•*  ^  "  lire  all  idle  and  suspicious  persons,  and  to   compel  all  offi- 

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  danger  thereat,  and  in  preventing  goods  from 
bein^  stolen. 
«rorr»i   p»wm      11th.  And  generally  to  cstabli";!!  such  regulations  for  the 

in  "   " 

may  deem  expedient 
'ir»w.i;:ic.  §  o.     Tlic  citj  couucil  may  procure  fire  engines  and  all 

other  apparatus  used  for  the  extinguishment  of  fires,  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  com- 
panies. 

-d.  To  appoint  during  their  pleasure  a  competent  num- 
ber of  able  and  reputable  inhabitants  of  the  city  liremen, 
to  take  care  and  management  of  the  engines  and  otier  ap- 
paratus and  implements  used  in  the  extinguishment  of 
fires. 
►ffteuc  iho  od.  To  prescribe  the  duties  of  firemen,  and  to  make  rules 
l^p*^  of  fl.-c-  ^^j  regulations  for  their  government,  and  to  impose  rea- 
sonable penalties  upon  them  for  a  violation  of  tlic  same, 
and  for  incapacity,  neglect  of  duty  or  misconduct,  to  re- 
move th«in. 
i.«in«^r«i  an-i  4th.  Thc  citj'  council  shall  have  power  to  appoint  a 
chief  and  assistant  engineers  of  the  fire  department,  and 
they,  with  the  other  fir<men,  shall  take  the  care  and  man- 
agement of  the  engMUM  and  oMier  apparatus  and  imple- 
ments provided  aHcl  used  for  the  extinguishment  of  fires, 
and  their  powers  and  duties  siiall  be  prescribed  and  de- 
fined by  the  city  council. 

§  1.  The  members  of  the  city  council  and  firemen  shall, 
during  their  term  of  ser\  iee  as  such,  be  exempted  from 
serving  as  jurors,  in  the  militia,  or  working  on  the  streets, 
or  pa)ing  any  tax  for  the  same.  Thti  name  of  each  fire- 
man shall  be  registered  with  the  clerk  and  attorney  in  a 
book  provided  for  that  purpose,  showing  the  date  of  the 
appointment,  and  th*^  certificate  of  the  clerk  and  attorney 
flhall  be  evidenci!  to  entilh-  him  to  the  exemption  j)rovi(lKd 
in  this  section  for  the  year  in  [whichj  exemption  is  cluimed. 

Ahtici.i;  XII. —  liixiril.  of  Ihallh. 

n*«iih  «,!:.«.»-  ^  ],  Tlie  board  of  hialth  nhall  consist  of  three  or  more 
coramnsioncr',  to  ne  appointed  annually  by  the  city  coun- 
cil, Hnd  the  mayrjr  or  pr«Mi(ling  olficf-r  of  the  city  council 
fhali  be  president  of  the  board  and  thc  city  clerk  and  at- 


•••UVaiiU. 


r<  BlKtl  tr. 
mm        r 


•t««rr«. 


55  1857. 

torney  sliall  be  tlieir  clerk  and  keep  minutes  of  its   pro- 
ceedings. 

^  '2.  It  shall  be  the  duly  of  iiealth  officers  to  visit  every  ^"'y- 
sick  person  wlio  may  be  reported  to  them  as  hert'.inafter 
provided,  and  to  report,  with  ail  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  witli 
any  pestilential  or  infectious  disease,  or  to  contain  unsound 
provisions,  or  damaf^ed  or  putrid  animal  or  vegetable  mat- 
ter or  other  unwholesome  articles,  and  to  make  repoi  t  of 
the  state  of  the  same,  with  all  convenient  sj)eed,  to  the  clerk 
of  the  board. 

§  '■).  All  persons  in  the  city  not  residents  thereof,  who  Rcmovdi  .r  di  - 
may  be  infected  with  any  pestilential  or  infectious  disease,  ^'""^^'  i""^  "»• 
or  all  things  which  in  the  opinion  of  the  board  s!)all  he  in- 
fected by  or  tainted  with  pestilential  matter  and  ought  to 
be  removed  so  as  not  to  endanger  the  health  of  the  citj-, 
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  whenever 
they  may  deem  it  necessary  for  the  health  of  the  city,  by 
making  just  compensation. 

§  4.     The   city  council   shall  have   power   to   prescribe  Prosrrii.p i>cwrr» 
the  powers  and  duties  of  the  hoard  of  health,  and  to  punisii    cvmlnif"ion''cl^' 
by  fine  or  imprisonment,  or  both,  any  refusal  or  neglect  to 
observe  the  orders  aid  regulations  of  the  board. 

§  5.  The  health  olficers  may  be  authorized  by  the  city 
council,  when  the  public  interests  require,  to  exercise  for 
the  time  being  such  of  the  duties  of  marshal  or  supervisor 
as  the  city  council  may  in  their  discretion  direct,  and  shall 
be  authorized  to  enter  all  houses  and  other  places,  pri\  ate 
or  public,  at  all  times,  in  the  discharge  of  any  duty  under 
this  act  or  any  ordinance. 

§  <I.  Every  person  practicing  physic  in  this  city  who  rhysidang iii*v« 
shall  have  a  patient  laboring  under  any  malignant,  infec-  ^*''"'"' 
tious  or  pestilential  disease  shall  forthwith  make  report 
thereof  in  writing  to  the  clerk  of  the  board,  and  for  neglect 
to  d)  so  sliall  be  considered  guilty  of  a  misdemeanor  and 
liable  to  a  fine  of  filty  dollars,  to  be  sued  for  and  recovered 
with  costs,  in  an  action  of  debt  in  any  court  having  cog- 
niz  ince  thereof,  or  before  a  justice  of  the  peace,  for  the  use 
of  the  city. 

Article  XIII. — Miscellaneous  Provisions. 

§  1.     The  city  council  sliall,  at  least  ten  days  before  the  Puii^h      k.  • 
annual  election  in  each  year,  cause  to  be  pu^^lished  in  the 


newspaper  publislung  the  ordinances  of  the  cit)-,  a  correct 
an  \  lull  st  itiMucnt  of  the  roecipts  aiul  expi-ntlitures  from 
the  date  of  the  Itst  aiiiuial  report,  toi^elher  witti  the 
sources  from  wheuoe  the  former  are  derived  and  the  mode 
of  di>barsemt  nt,  anil  also  a  distinct  statement  of  tite  whole 
amount  assessed,  received  and  exjjended  in  the  respective 
\vard>'  and  divisions,  for  makinu;  and  repairing  streets, 
liiijjhways  an  i  hritli;»>s  for  the  same  period,  together  with 
such  information  as  may  be  necessary  to  a  full  understand- 
ing o(  the  financial  concerns  of  the  city. 

Ei.-u>,.t      ff  m       ^  2.     The  inliabitants  of  the  city  of  Decatur  are  hereby 
^          exempted  from   working  upon    any  road  or   highway   be- 
yond  the    limits   of  the   city,  and  from  paying  the   tax  in 
lieu  thereof  wiliiin  said  hmits. 

§  o.  The  supervisor  shall  demand  tiie  services  of  all 
persons  who  are  recjuired  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  supervisors  may  deem 
necessary,  lie  shill  deliver  or  cau^e  to  be  deli\ered  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  three  days  previous  to  the  first  on  which  he 
or  they  are  required  to  labor,  recjuiring  such  person  to  ap- 
pear at  such  lime  and  place  as  may  be  designated  for  the 
purpose  of  laboring  on  the  streets  and  alleys;  but  a  sim- 
ilar notice  published  ten  days  before  the  labor  is  required 
in  the  newspaper  publishing  the  ordinances  of  the  city, 
which  notice  sliall  reeeive  at  least  two  insertions,  by  the 
supervisor  orpusti-d  up  in  three  of  the  public  j>laces  of  the 
ward  or  district,  shall  be  deemed  a  sulficient  notice  to  re- 
quire all  persons  to  appear  and  labor  as  aforesaid.  Upon 
the  neglect  of  any  person  to  appear  andlabor  as  aforesaid 
or  to  pay  the  tax  in  litu  thereof,  the  colUctor  shall  collect 
from  each  person,  in  the  same  manner  as  other  taxes,  the 
sum  of  three  dollars,  with  his  commission  lor  collecting  the 
same  added  thereto,  or  the  same  may  be  recovered  by 
suit,  with  costs,  as  in  other  cases. 

rit«.,k«  §  -4'     All  fines  forfeitures  and  penalties  collected  for  of- 

fences committed  within  said  city  under  this  act  or  any 
ordinance  of  said  city  shall  be  jiaid  into  the  treasury  of 
said  city,  by  the  otfi'ers  collecting  the  same. 

Kvin-./«rto<  i«u.  5  '*•  ^'"^  ^''X  'if""»'il  sli^ll  liavo  powcT  to  causo  the 
blocks  and  lots  of  the  city  to  be  surveyed,  platted  and 
numbered  in  consecutive  numbers  from  one  upwards,  and 
to  d'-sii^nate  and  number  all  fractional  or  other  lots  or 
bloeki  ill  such  a  manrifr  a'?  lloy  may  prescribe  by  ordi- 
nane*',  and  sueh  plat,  di,"^i^iiation  and  numbers,  when  made, 
and  duly  recorded,  shall  be  a  good  and  valid  dsecriplion  of 


57  1857. 

said  blocks  aiiJ  \oU  or  IVactiondl  blocks  or  lots  ;  to  es- 
tablish mark  and  declare  the  boundaries  and  iidines  of 
streets  and  alleys;  to  require  that  all  additions  hereafter 
made  to  said  cily,  or  all  land^  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  biut  ks,  streets 
and  alleys  already  laid  out  and  established  within  the  city. 

§  a.  The  city  council  shall,  in  all  expenditures  for  pur-  Expenauur«i. 
po:=es  strictly  local,  expend  annually  in  the  several  natural 
divisions  of  the  city,  such  proportion,  as  near  as  may  be, 
of  the  wliole  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 
shall  be  expended  in  the  several  wards  or  districts  where 
the  persons  paying  the  same  may  respectively  reside. 

§  7.     The  supei  visor,   in  addition  to    the  penallies  pre-  ppnaityoi sopor- 
scribed  by  ordinance  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. 

§  8.  Neither  the  city  council  or  mayor  shall  remit  any  Kcmiuanc*  of 
fine  or  penalty  imposed  upon  any  person  tor  a  violation  ot 
any  laws  or  ordinances  of  said  city,  or  release  from  con- 
finement, unless  two-thirds  of  all  the  aldermen  elected 
shall  vote  forsuch  release  orremi^sioii ;  nor  shall  anything 
in  this  act  be  so  construed  as  to  oust  any  court  of  jurisdic- 
tion to  abate  and  remove  nuisances  within  its  jurisdiction, 
by  indictment  or  otherwise. 

§  'J.  No  vote  of  the  city  council  shall  be  considered  or  vote ^r city coaa- 
rescinded  at  a  special  meeting,  unless  the  lueetiiig  be  called 
in  whole  or  in  part  for  that  purpose  and  the  aldermen  be 
so  notified,  and  unless  at  sucii  special  meeting  there  be 
present  as  large  a  number  of  aldermen  as  was  present 
when  the  vote  was  taken. 

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

§  11.  Every  ordinance,  regulation  and  by-law  impos-  ^"^l^ii^^  ^^* 
ing  any  penalty,  fine,  iuij)risonment  or  forfeiture  <or  a 
violation  of  its  provisions,  shall,  after  the  passage  thereof, 
be  publishefl  ten  days  in  the  newspaper  publishing  the  or- 
dinances of  the  city,  receiving  at  least  one  insertion,  and 
proof  of  such  publication,  by  the  affidavit  of  the  printer  or 
publisher  of  such  newspaper,  taken  before  any  officer  au- 
thorized to  administer  oaths,  and  filed  with  tiie  elt  rk  and 
attorney,  or  any  other  competent  proof  of  such  publitation, 
shall  be  conclusive  evidence  of  the  legal  publication  and 
promulgation  of  such  ordinance,  regulation  or  by-Jaw,  in 
ail  courts  and  places. 


mtg*. 


1357.  58 

su.u  b.'ouiV-.  :a  ^  1*2.  All  actions  brought  to  recover  any  penalty  or  for- 
t«*.t.<  C-.J-.  fpjj,,^^  incurred  under  this  act  or  any  onlinance,  by-law 
or  police  re«jjulation  in  pursuance  (liercof  shall  be  brought 
in  t!ie  corporate  name,  before  any  ])olice  magistrate  or  the 
circuit  court  of  Macon  county  ;  it  shall  be  lawful  to  declare 
generally,  in  debt,  for  such  penalty,  fine  or  forfeiture, 
stating  tlie  clause  of  this  act  or  the  by-law  or  ordinance 
under  wliich  the  penalty  or  forfeiture  is  claimed,  and  to 
give  the  special  matter  in  evidence  under  it. 

f »r.t  pr*.-»s*.  §  13.     In  all  prosecutions  for  any  violation  of  any  or- 

dinance, by  law  or  other  regulation,  the  first  process  shall 
be  a  stimmons,  unless  oath  or  atHrmation  be  made  for  a 
warrant,  as  in  other  cases. 

rM<e  mAfil-.  §  14.  The  city  council  may  have  power  to  designate 
by  ordinance  or  resolution  one  or  more  justices  of  tlie  peace 
in  said  city  who  shall  have  concurrent  jurisdiction  with 
other  police  magistrates  in  any  action  for  the  recovery  of 
anv  fine,  penalty  or  forfeiture  under  this  act,  or  any  ordi- 
nance, liy-law  or  police  regulation,  anything  in  the  laws  of 
thi^  state  to  the  contrary  notwithstanding.  Such  justice  or 
justices    and    police  magistrate  shall  have  power  to  im- 

f»ose  fines  and  penalties  not  exceeding  one  hundred  dol- 
ars.  There  shall  be  such  local  court  of  civil  and  crimi- 
nal j'lrisdiction  as  may  be  established  by  the  general  assem- 
bly in  the  cities  of  the  state;  such  court  shall  have  jurisjlic- 
tion  over  causes  arising  under  this  act  or  any  ordinance 
of  said  city  in  pursuance  thereof,  and  such  other  jurisdic- 
tion as  may  be  established  by  law  ;  and  the  ([ualified 
voters  of  said  city  shall  at  the  first  election  held  under 
this  act,  and  every  four  y«-ars  thereafter  at  the  regular 
elpctions  for  city  officers,  in  pursuance  of  the  act  of  the 
general  assembly  creating  "  police  magistrate's  court," 
elect  the  number  of  police  magistrates  ])rescribed  in  said 
act,  for  said  city,  whose  jurisdii.-tion  shall  be  concnirent 
witji  and  equal  to  the  magistratrs  or  justices  designated 
as  aforesaid  by  the  city  council :  Pmridcil^  their  juris  lie* 
tion  may  at  any  time  \n'  extended  by  the  general  assem- 
bly :  •'Iinl  yrovidrd^  fiirlhvr^  if  from  any  cause  a  vacancy 
may  occur  in  the  office  of  j»olice  magistrate  or  should  the 
p»ople  at  any  time  fail  to  elect,  the  city  council  may  im- 
m«-dial{dy  order  a  new  election  to  fill  such  vacancy  or 
otherwise. 

§  1'),  Ex^ctition  may  be  issued  immediately  on  ren- 
dition of  judgment,  ft  tin;  di-fendant  Ins  no  goods  or  chat- 
ties or  real  estate  within  tin;  county  of  Macon,  whereof 
the  judgment  can  be  col]»'ct»Ml,  the  court  shall  re(juire  the 
def»'ndant  to  be  confin»'d  in  the,  county  jail  or  work  house 
or  city  prison  for  a  term  not  exceeding  six  months,  or  com- 
pel the  defendant  to  labor  on  the  streets  of  the  city  in  the 


69  1857. 

discretion  of  tlip.  court  renderiiij^  judgment  ;  and  nil  per- 
sons who  may  be  committed  under  lliis  section  shall  be 
confined  or  compeled  to  labor  on  the  streets  one  day  for 
each  one  dollar  of  such  judgment  and  costs;  and  all  fines 
when  collected  shall  be  paid  into  the  city  treasury. 

§  16.  Any  person  who  shall  injure  or  destroy  any  rcnsuy. 
bridge  or  public  building  or  other  property  belonging  to 
llie  city,  or  shall  cause  or  procure  the  same  to  be  injured 
or  destroyed,  shall  be  subject  to  a  penalty  not  exceeding 
five  hundred  dollars  for  such  oflfence,  to  be  recovered  by 
the  city  in  an  action  of  debt  before  any  court  in  Macon 
county  having  jurisdiction,  and  maybe  imprisoned  not  ex- 
ceeding six  months,  in  the  discretion  of  the  court  before 
whom  such  conviction  may  be  had;  and  such  person  shall 
also  be  liable  in  a  civil  action,  at  the  suit  of  the  city,  for 
the  damages  occasioned  by  sucii  injury  or  destruction. 

5   IT.     No  person  shall  be  an  incompetent  judge,  justice,  Freeholders  not 
witness  or  juror,  by  reason  or  Ins  benig  an  miiabitant  or  ju^Jte*,  &.c 
freeholder  in  the  city  of  Decatur,  in   ariy  action   or  pro- 
ceeding in  which  said  city  may  be  a  party  in  interest. 

§   IS.     All  ordinances,  regulations   and  resolutions  now  Ordinance*     i* 
in  force  in  the  city  of  Decatur,  and  not  inconsistent  with 
tliis  act,  shall  remain  in  force  under  this  act  until  altered, 
modified  or  repealed   by  the   city  council,   after    this    act 
shall  take  effect. 

§  11).     All  rights,  actions,  fines,  penalties  and  forfeitures,  suit*. 
in    suit    or   otherwise,    which    have    accrued    under    the 
charter   hereby  repealed,  shall   be  vested  in  and   prose- 
cuted by  the  corporation  hereby  created. 

§  20.  All  property,  real,  personal  or  mixed,  belonging  to  Properly. 
the  city  of  Decatur,  is  hereby  vested  in  the  corporation 
created  by  this  act,  and  the  officers  of  said  corporation, 
now  in  office,  sliall  respectively  continue  in  the  same  un- 
til superceded  in  conformity  to  the  provisions  hereof,  but 
shall  be  governed  by  this  act,  which  sliall  take  effect  from 
and  after  its  passage. 

§  21.     All  ordinances    of  the  city,  when  printed  and  PubUsi.ed   or<u- 
publishcd  by  the  authority  of  the  city  council,  shall  be  re-    "^°"^' 
ceived  in  all  courts  and  places  witliout  further  proof. 

§  22.     The  style  of  all  ordinances  shall  be  :  "  Be  it  or-  si>ie. 
dained  by  the  citij  council  of  the  cHij  of  Decatur?"* 

§  23.     Any  tract  of  land  adjoining  said  city  which  may  AddUiou*. 
be  laid  off  into  lots  or  blocks,  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. 

§  24.     This  act  shall  not  invalidate  any  Iceal   act  done  ^.•''*  '*^*  ■•'  '• 

11  .  •\       e      \  •  -r-v  !•  /T»         jnM>liuate    Beta 

by  the  city  council  of  the  city  of  Decatur,  or  by  its  offi-   or  uiy  ccvbom. 
cers,   nor   divcgt   their    successors,    under   this    act,    of 


^^OV. 


1867.  60 

any  riglits  of  property  or  otherwiso,  or  liabilities  which  may 
have  accrued  to  or  been  crcattHl  by  said  coiporatioii  prior 
to  the  passage  ot  this  act. 
•r»*kiT*  cr  ii.0      §  -o.     All    otKcers  of  the  city  created  conservators  of 
the  peace   by  this   act,  or   autliorized    by    any   ordinance, 
shall  have  power  to  arrest  or    cause   to  be  arrested,  with 
or  without  process,  all  persons  wiio  shall  break  the  peace, 
or  threaten  to  break  the  peacj',  or  be  found  violatinuj   any 
ordinance  of  the  city,  commit  for  exan»ination,  and  if  ne- 
cessary detain  such  persons  in  custody  over  night,  or  tiie 
Sabbath,  in  the  watch-house  or  other  safe   j)lace,  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. 
F«**r of  couLcii       ^   lit).     Nothing  in  this  act  contained  shall    be  so  con- 
strued  as    to   deprive  the  city  council  ot  said  city   ot  any 
powers  or  authorities  conferred  upon    the    same   by  the 
act    incorporating    said    city,    and    which   is    hereby    re- 
pealeii  ;   but  the  city  shall  possess  and  enjoy  all  the  pow- 
er and  authority  heretofore  conferrt-d  upon   the  same,  ex- 
cept so  far  as  such   powers  and  authorities   are  ex|)r(ssly 
modified    or  repealed    by  this  act  or  the  acts  heretofore 
mentioned. 

§  liT.  There  shall  be  a  digest  of  the  ordinances  of  the 
city  wliic'i  are  of  a  general  nature  jjublishcd  within  two 
year:?  after  the  passage  of  this  act,  and  a  like  digest  with- 
in every  period  of  eight  years  thereafter. 

§   lib.     This  act  shall  be  deemed  a  public    act,  and  may 
be  rrad  in   evidence  without    proof,    and   judicial    notice 
shall  be  taken  thereof  in  all   courts   and   places,  and    shall 
take  effect  from  and  after  its  passage. 
Approved  Jan.  -'"»,  1867. 


k«^ekifv>:o. 


r.c«»(    of    o: 

UtUiC*. 


fa  f*r-«  Jm.  34,  AN  AC  T  to  incorporate  tbc  Kmnorimn  Real  Estate  and  Manufacturing 
•*T.  Company. 

Section  1.      /h  it  ennctnl  In/  Ihc  ppoph  of  the   slate  of 

Iltinoi-s,   rrj.rrseittfd  in   I  lie    (liurrdl  JJsscinhly,   That   II. 

i»»K»w*i*:>        llainer,  M.  M.  Uawlings,  II.  K.  Lindsey,  J.  W.  Cochran, 

John  Yaryan,  Daniel  Arter,  (i.  W.  lIite,W.  II.  Stokes,  and 

such   other  persons  as  have   heretofore   or  may  hereafter 

become   stockholdirrs  in  said   company,  bo   and    they  are 

hereby   constituted    a   body   jxililic   and   corporate,   to   be 

K.m.  M  iiM-.-  known  by  the   name    and   .st>le  of  "The    I'lnporiuin   Ueal 

'"'•*'•*  Estate  and  Manufacturing  Company  j"  and  by  that  name 


61  1857. 

they  and  their  successorg  in  office  shall  he  known  in  law, 
and  have  perpetual  succession  ;  and  hy  that  name  may  sue 
fnd  he  sued,  plead  and  be  impleaded,  defend  and  be  de- 
fended, in  all  courts  of  law  and  equity,  the  same  as  natural 
person'^ ;  and  may  have  and  use  a  common  seal,  and  alter 
the  same  at  ph^asure. 

§  •_'.     The   object   and   design  of  this  company  are   and  oijcctof. 
shall  be  to  purctiase,  reclaim,  improve  and  render  health- 
ful and    to  sell   lands  in  the    counties  of  Pulaski,  Massac, 
IPope  and  Johnson,  in  this  state;  to  establish  and  carry  on 
the  manufacture  of  iron,  in  any  or  all  of  its   branches;  to 
lay  out,  improve  and  sell  city  lots,  at  the  most  eligible  j)oint 
or  points  in  the  above   named  counties  ;  to  drain    and  re- 
claim, by  means  of  a  canal  or  otherwise,  to  he  constructed  wi)cre  ioobuhi. 
between  the  head  waters  of  Cache  river  and  Big  Bay  creek, 
all  or  any  portion  of  the  swamp  and  overflowed  lands,  ly- 
ing on  and   contiguous  to  said   streams,  in   said   counties, 
except  the  lands  that  may  be  on  said  Cache  river  below 
Ullin;  to  engage  in  the  mining  for  coal  or  other  minerals;  and 
and  to  do  such  other  business  as  may  be  expedient  to  aid, 
facilitate  the  objects  expressed  in  tliis  section.     And  the 
counties  of  Pope,  Massac,  Johnson  and  Pukski  are  hereby  conntiee     «»r 
authorized   and  empowered  to   donate,  sell   or  convey,  in    ^'"51^0."'"*' 
fee  simple,  the  swamp  and  overflowed  lands  situate  in  said 
counties  to  the  Emporium  Real  Estate  and  Manufacturing 
Company,  for  the   purposes  aforesaid,  and  to  appoint  all 
agents  that  may  be  necessary  for  the  complete  execution 
of  the  powers  hereby  conferred  upon  said  counties  :  p7'o- 
rided,  that  the  said  Emporium  Real  Estate  and  Manufac- 
turing  Company  shall  not   be   permitted  to   straighten  the 
channel  or  alter  the  course  of  the  said  Cache  river  below  cacbe  river. 
the  point  at  which  the  Illinois  Central  Railroad  crosses  tiie 
said  Cache  river,  at  Ullin,  in  the  county  of  Pulaski  :  Jlnd 
provided^  further,  that  the  said  company  shall  be  required 
to  erect  and   maintain   at  the  high  ground   separating  the 
waters  of  Big  Bay  creek,  aforesaid,  from  the  waters  of  the 
pond   sloughs,  in  Massac   county,  an   embankment  and   a 
guard  lock,  so  as  effectually  to  prevent  the  waters  of  the 
eaid  Big  Bay  creek  and  the  waters  of  the  Ohio  river  from 
running  through  such  canal  in  such  quantity  as  to  overflow 
the  banks  of  the  said  Cache  river  or  the  land  situated  along 
the  course  of  and  contiguous  to  such  canal. 

§  o.  The  said  H.  Ilainer  is  hereby  constituted  presi-  prcsi.ionf »Bd <*• 
dent,  and  M.|M.  Rawlings,  H.  K.  Lindsey,  J.  W.  Cochran,  ^^'"'^'' 
John  Yaryan,  Daniel  Arter,  G.  W.  Hite  and  W.  II.  Stokes 
be  and  ;  re  hereby  constituted  directors  of  said  company, 
end  are  to  serve  until  the  first  Tlmrsday  in  June,  1S.')7,  and 
until  their  successors  shall  be  elected  and  qualified.  On 
the  first  Thursday  in  June,  1^')7,  and  on  that  day  in  each 
year  thereafter,  or  at  such  time  thereafter  as  may  be  pro- 


1857. 


62   . 


Pr#Ti»o. 


viiled  for  by  the  by-laws  of  said  company,  the  stock- 
holders of  said  company  shall  meet  at  such  place  as  may 
K:««ion  of.  »mi  be  appointed  by  the  directors,  and  from  their  body  electa 
htm  c»ndu-t<M.  Ij^j^^j.^1  of  directors,  who  shall  hold  oHice  for  one  year  from 
such  election  and  until  their  successors  shall  be  elected 
and  qualified.  Such  election  shall  be  held,  by  ballot,  by 
sucli  of  the  stockholders  as  shall  attend  for  that  ])urpose, 
either  in  person  or  by  proxy  ;  and  each  stockholder  shall  be 
entitled  to  cast  one  vote  for  each  share  of  stock  he  may 
represent,  up  to  ten  sliares  ;  and  one  vote  fur  every  fiv# 
shares  he  may  represent  above  that  number:  Provided^ 
that  in  no  case  shall  any  stockholder  be  entitled  to  more 
than  twenty-five  votes;  and  in  no  case  shall  any  stock- 
holder be  entitled  to  any  votes  or  transferred  stock  which 
shall  not  appear  to  have  been  transferred  on  the  books  of 
the  company  three  months  previous  to  the  day  of  such 
election.  The  persons  receiving  the  highest  number  of 
votes  at  such  election  shall  be  directors  for  one  year  there- 
after and  until  their  successors  shall  be  elected  and  qual- 
ified. When  a  vacancy  shall  occur  in  the  board  of  di- 
rectors, by  death  or  otiierwise,  it  may  be  filled  for  the 
remainder  of  the  time  for  which  such  board  of  directors 
shall  have  been  elected,  in  such  manner  as  shall  be  pro- 
vided for  by  the  by-laws  of  said  company:  Provided^  that 
at  the  first  election  of  directors  held  by  the  stockholders 
under  the  provisions  of  this  act  no  more  than  seven  di- 
rectors shall  be  elected,  who  shall,  from  their  body,  im- 
mediately proceed  to  elect  a  presiJent  of  said  company, 
who  shall  hold  his  office  during  the  time  for  which  said 
directors  were  elected  and  qualified. 

§  4.  The  president  and  directors  hereby  created,  and 
their  successors  in  office,  shall  have  power  to  make  and 
pass  such  by-laws,  rules  and  regulations,  for  the  govern- 
ment of  said  company  and  the  management  of  its  affairs 
and  business,  for  the  appointment  of  a  secretary,  treasurer 
and  all  such  agents  or  attorneys,  as  they  may  deem  neces- 
sary and  i)roper,  and  to  prescribe  their  duties,  fix  their 
salaries,  require  bonds,  with  aj)proved  security,  for  the 
faithful  performance  of  their  respective  duties,  and  to  do 
all  other  acts  that  miy  be  deemed  necessary  to  promote 
the  interests  of  said  company,  not  inconsistent  with  this 
act,  the  laws  and  constitution  of  this  state  or  that  of  the 
United  States  :  Providifd^  houurrry  that  the  treasurer  shall 
be  required  to  execute  bond,  with  ajjproved  security,  in  a 
sura  not  less  than  fifty  thousand  dollars,  for  the  faithful 
performance  of  his  duties. 

§  6.  The  said  directors  may  cause  books  to  be  opened 
for  subscription  to  their  capital  stock,  in  such  manner  and 
at  such  times  and  places  as  they  may  designate,  and  issue 
certificatei  of  stock  to  the  subscribers  for  tlie  same;  and 


BfT-Uw*  and  A\ 
tf  •(  officers 


f  r«T>». 


63    •  1857. 

it  shall  be  lawful  to  call  in  ami  demand  from  the  stock- 
iiolders,  respectively,  all  such  sums  of  money  by  them  sub- 
scribed, at  such  time,  and  in  such  payments  and  installments 
as  such  directors  shall  deem  proper;  and  in  all  cases  where 
subscribers  shall  fail  or  refuse  to  make  such  payments  as 
aforesaid,  after  due  and  sufficient  notice  shall  have  been 
given  to  such  subscribers,  in  pursuance  of  the  by-laws  and 
regulations  of  said  company,  which  notice  shall  not  be  less 
than  sixty  days,  then  and  in  that  case  the  stock  and  pay-  stock  forfonea. 
J^nts  subscribed  and  made  by  such  delinquent  subscribers 
shall  be  deemed  forfeited  for  the  use  of  said  company. 

§  G.  The  capital  stock  of  said  company  sliall  not  at  any  Capital  swe*. 
time  exceed  the  sum  of  three  millions  of  dollars,  which 
stock  shall  be  divided  into  shares  of  five  hundred  dollars 
each,  and  shall  be  deemed  personal  property,  and  be  trans- 
ferable in  such  manner  as  shall  be  prescribed  by  the  by- 
laws of  said  company. 

§  7.  The  said  company  may  purchase,  hold,  sell  and  Real  estate. 
convey,  at  their  pleasure,  all  such  real  estate  as  may  be 
deemed  necessary  for  their  business,  interests  and  opera- 
tions, not  exceeding  in  value  at  any  one  time  fifty  per 
centum  of  their  capital  stock;  and  may  take  and  hold  real 
estate,  mortgaged  or  pledged,  as  security  for  the  payment 
of  any  debts  due  or  to  become  due  to  said  company  ;  and 
may  take  and  receive  real  estate  and  other  property  in 
payment  or  towards  the  satisfaction  of  any  debt  previously 
due  to  said  company. 

§  8.  All  conveyances  of  real  estate  to  said  company  now  hoia  am 
and  all  bonds,  notes,  obligations  or  agreements  with  or  to  *^^"^''*'*^- 
said  company,  shall  be  made  to  the  said  company,  in  the 
corporate  name  thereof;  and  all  conveyances  of  real  estate 
made  by  said  company  shall  be  made  in  the  corporate 
name  thereof,  signed  and  acknowledged  by  the  president, 
under  the  seal  of  the  company,  and  attested  by  the  secre- 
tary thereof. 

§  9.     All  business  transactions  and  all  bills,  bonds,  notes  snit;.,        uw 
and  obligations  made  or  entered  into  by  said  company  shall   ^'■°"^'^'*- 
be  made  in  the  corporate  name  of  said  company,  and  may 
be  signed  by  the  president  or  any  legally  constituted  agent 
of  said  company;  and  all  suits  for  or  against  said  company 
shall  be  brought  and  prosecuted  or  defended  by  the  said 
company  in  the  corporate  name  thereof,  and   all  process 
against  said  company  sliall  be  by  summons,  and  the  service  serving  oi  pr«- 
thereof  shall  be  made  by  leaving  an  attested  copy  thereof 
■with  the  secretary  or  president  of  said   company,  at  least 
ten  days  before  the  return  day  thereof,  or  in  tase  of  their 
absence  with  any  director  or  agent  of  said  company  who 
may  be  found  within  t  le  counties  of  Pulaski,  Massac,  Pope 
or  Johnson. 


1857. 


G4 


1  frwn»l  vr-rc 


MlolDS- 


Pooks  of  «cmi>s 


Rc»rd  tcr'  id- 


's 10.  Said  company  may  possess,  have  and  hold  per- 
sonal property  to  the  extent  tliat  may  be  necessary  for 
tlieir  bu^siiiess  operations,  and  shall  have  power  to  st'll,  ex- 
chan<;e  or  dispo.^e  of  tlie  same,  at  pleasure  ;  to  be  the 
owner  or  part  owner  of  docks,  depots,  warehouses,  tene- 
ments, water  craft,  appliances  and  every  species  of  pro- 
perty necessary  to  carry  into  execution  the  objects  of  their 
organization,  and  for  developing  t  le  resources  of  the  state 
by  mining  for  coal  or  other  minerals,  transporting  the 
same  or  other  proflucts,  commodities,  passengers  or  p^ 
perty  from  or  to  their  place  of^business,  by  land  or  water  ; 
to  divide  their  earnings  or  profits  with  the  stockholders  of 
said  company,  or  to  employ  their  funds  in  any  other  law- 
ful manner. 

§  11.  The  said  company  shall  keep  in  the  office  of  their 
secretary,  at  the  place  of  their  location,  well  bound  and 
substantial  books,  in  which  shall  be  kept  a  full  and  cor- 
rect record  of  the  names  of  the  stockholders,  their  places 
of  residence,  the  amount  of  stock  held  by  each,  respective- 
Iv,  the  date  of  their  subscriptions,  the  amount  paid  in,  and 
all  transfers  of  said  stjck,  the  date  of  such  transfers,  from 
whom  and  to  whom  transfered  ;  also,  a  record  of  all  the 
proceedings  of  the  board  of  directors,  by-laws,  rules  and 
regulations  made  for  the  government  and  management  of 
said  company  and  its  business  operations  ;  which  books 
shall  be  subject  to  inspection,  at  all  reasonable  times, 
during  business  hours,  by  any  stockholder  or  creditor  of 
said  company. 

§  12.  The  said  company  may,  in  their  corporate 
name,  have  and  maintain  any  action  at  law  or  suit  in 
equity  in  any  court  in  this  state  having  jurisdiction  of  the 
subject  of  any  such  action  at  law  or  suit  in  equity,  against 
anv  and  all  persons,  for  the  recovery  of  any  debt  or  dam- 
ages due  to  the  said  company  or  right  accrued  or  to  ac- 
crue to  said  company  by  reason  of  any  manner  of  wrong 
done  or  committed,  which  may  hereafter  be  done  or  com- 
mitted upon  the  estate,  property,  real  or  personal,  of  the 
said  company  ;  and  also  for  the  specific  execution  of  any 
and  all  contracts,  obligation-;  and  agreements  which  may 
be  enforced,  had  or  obtained  by  hill  inequity,  in  the  same 
way  that  natural  persons  may  do  and  have,  as  against  all 
person'',  bodi«'s  politic  and  corporate,  notwithstanding  such 

Kerson  or  persons  against  wiir-m  any  such  suit  may  be 
rouf'ht  and  prosecuted  may  be  stockholders  in  said  com- 
r.rin««j.ip  i»w  pany.  The  law  of  partnershij)  shall  in  no  wise  apply  or 
'  ■* ' — ""  be  pIeaded*iM  bar  to  any  such  suit  or  suits  as  arc  herein 
provided  for,  as  between  the  stock iiolders  of  said  company  ; 
and  in  all  suits  brought  against  or  l)y  said  company  stock- 
holders of  said  company  shall  be  considered  competent 
witnesses. 


•Ull 


r«/t  to  »n>'j. 


G5  1857. 

§  l-j.  Tiie  stock,  property  and  effects  of  said  company  suck  and  prop- 
ehall  be  liable  and  subject  to  execution  and  sale,  lor  ail  'acbts.''"'''^  '"' 
debts  due  or  owing  by  said  company  to  any  person  or  per- 
sons, company  or  corporation  ;  and  said  company  shall 
not  have  or  possess  the  power  to  transfer  or  in  any  man- 
ner assign  or  convey  the  estate,  real  or  personal,  or  any 
part  thereof,  or  any  of  the  effects  or  evidences  of  debt  due 
or  to  become  due  to  said  company  or  in  any  wise  belong- 
ing to  t[.e  same,  for  the  purpose  or  with  the  intent  to  pre- 
fer any  creditor  or  stockliolder  of  said  company  ;  and  in 
no  case  shall  the  stockholders  of  said  company  be  held 
liable  for  any  debts  or  oblitzations  contracted  or  entered  Liabiutycfs'.cik- 
into  by  the  said  company  in  tiie  transaction  and  manage- 
ment of  its  business  beyond  the  amount  of  stock  sub- 
scribed or  held  by  them  individually.  It  shall  not  be  law- 
ful for  this  comj)any  to  become  indebted  at  any  one  time 
in  any  amount  beyond  fifty  per  cent,  of  theircapital  stock. 

S   14.     It  shall  be  the  duty  of  the  president  and  direc-  D'>'y  of   prc»i- 

.•*..  .  •  11  1111  1  lie  III  and  dirto- 

tors  to  inspect,  semi-annually,  all  books  and  papers,  tors. 
vouchers  and  accounts,  bills  receivable  and  payable  and 
cash  belonging  to  said  company,  and  to  make  report  of 
the  result  ol"  their  investigations  to  t!ie  stockholders  ;  and 
at  the  end  of  their  term  of  office  to  moke  or  cause  to  be 
made  a  tabular  statement  shov/ing  the  amount  of  the  cap- 
ital stock  paid  in,  the  amount  of  property,  real  and  per- 
sonal, owned  by  the  company,  the  amount  of  debts  due  to 
the  company,  and  the  amount  of  said  company's  indebted- 
ness ;  which  tabular  statement  shall  be  published  to  the 
stockholders. 

§  15.     There  sliall  be  appointed,  by  a  vote  of  the  stock-  Auditing    com- 
holders,  as  tlu?  annual  June  meetings,  a  committee  of  three 
)ersons,  to  be  called  an    auditing   committee,  neither  of 
whom  shall  hold  any  agency  or  office  in  or  under  the  com- 
pany, whose  duty  it  shall  be  to  examine  the  books,  vouch-  p„,y  ^f 
ers,  deeds,  bonds,  accounts  of  officers,  and  the  general  af- 
fairs of  the  company,  and  compare  the  same  with  the  re- 
ports  of  the  president  and   directors  and  other  officers  of 
the  company;  and  for  that  purpose  they  shall  be  entitled 
to  full  access  to  all  such  books,  papers   and  accounts  at 
all  reasonable  times,  and  shall  report  the  result  of  their  ex-  Eeport. 
aminations  to  the  stof'kholders  at  their  next  meeting. 

§  10.  It  shall  be. the  duty  of  the  board  of  directors  to  Directed,  dutr 
carry  out  the  plans  of  the  company,  and  to  exercise  a  gen- 
eral supervision  over  its  affairs,  to  direct  in  the  purchase, 
sale  and  improvement  of  property, both  real  and  personal, 
to  make  report  of  [their]  pctings  and  doings,  and  to  be  gov- 
erned in  all  things  which  are  not  defined  in  this  act  by  a 
vote  of  the  stockliolders,  and  to  fix  the  amount  of  the  sal- 
aries of  the  president  and   other  officers  of  the  company. 

—27 


1857.  66 

Ki.m  for  MwA-  ^  IT.  One  per  cent,  f  f  aU  sums  realized  from  tlie  sales 
una  pttnx.v-f».  pf  j.p,^j  pstjite  hy  s;iiil  comj)anY  shall  be  set  apart  and  used 
lor  educational  purposes,  under  tlie  direction  and  super- 
vision of  the  president  and  directors  of  said  company. 
ruiMtateriw  ^  !>>.  All  convevauces  of  real  estate  which  have  been 
^  «seatj.  heretofore  made  ^y  any  person  or  persons,  to  any  otncer, 
attorney  or  agent  of  said  company,  for  the  use  of  said  com- 
piny,  the  cou<iderati  )n  for  which  has  been  paid  by  or  with 
the  moneys  of  the  said  company,  sli«ll  inure  to  the  benefit 
of  said  company,  both  in  law  and  equity  ;  and  as  soon  as 
such  person  or  persons,  so  holding  such  real  estate  for  the 
said  company  as  aforesaid,  s!iall  convey  the  same  to  said 
comjiany,  by  good  and  salficient  deed  of  conveyance,  so  as 
to  vest  the  title  of  the  same  in  the  said  company,  they  shall 
be  exonerated  iv  >m  further  liability  by  reason  of  such 
conveyances  having  been  originally  taken  to  such  ])ersons, 
r.nirarts  h^rf-  officers,  agfots  or  attorneys;  and  all  contracts  which  have 
te'biudnig/  '°  heretofore  been  made  and  entered  into  by  the  said  com- 
paiiV,  llirough  any  otficej*,  agent  or  attorney  of  said  com- 
j)any,  with  such  persons,  shall  be  binding  upon  said  c  >m- 
pany.  And  the  articles  of  voluntary  association  entered 
into  June  -5th,  lS55,  by  the  said  company,  and  all  the 
arts,  contracts,  obligations,  purchases  ajid  sales  nic.dc  by 
said  company  in  pursuance  of  the  provisions  of  said  ar- 
ticles, are  hereby  ratified,  confirmed  and  made  legally 
binding  uj)on  all  the  jjarties  in  ai  y  wise  interested  in  the 
same  :  Pruvidetl^  such  agreements  and  obligations  are 
consistent  witij  this  act. 

§  lU.     This  act  shall  be  deemed  a  public  act,  to  be  in 
force  from   and  after  its  passage,  and   for  and  during  the 
full  period  of  twenty-five  years. 
Approved  Jan.  liO,  1857. 


In  f-r*^  J«n.  »,  AN  ACT  to  incorporate  the  Rockford  and  Mississippi  Railroad  Company. 

Section  1.  Br  if  en  (id  i  d.  In/  the  pf-apfr  of  the  state oj 
iVirif/is,  rrpn s( utrd in  tli-  (iviural ^Qsnvmhhj^  That  Julius 

iiKorpcr«u^ri.  P.  Smith,  Robert  15.  Light,  Leonard  Andrus,  Silas  Noble, 
Josiah  Bond,  William  IJ.  Ogden,  David  S.  Penfii  Id,  Rob- 
ert P.  Lane,  Chester  C.  I'riggs,  Leely  Perry,  Charb  s  H. 
SpafTord,  Jason  Marsh,  John  M.  Capron  and  William  C. 
Grai.t    fire  hereby  made  and  con';titutcd  a  body  corporate 

8*r« «>» Mtnptnr  and  politic,  by  the  name  anrl  style  of  "The  Kockford  and 
Mississippi  Railroad  Company,"  with  perpetual  succes- 
sion;  and  by  that  name  and  st}le  shall  be  capable,  in  law, 
of  taking,  purchasing,   holding,  leasing,  selling  and  con- 


67  1857. 

veyiiic;  estate  and  property,  whether  real,  personal  or 
iiiixeJ,  so  tar  a.^  the  saiiiL'  may  be  nt^cessary  lor  the  pur- 
posts  hereinalter  mentioned,  and  no  furtliiir  ;  and  in  their 
cor[)orate  name  to  sue  and  be  sued  ;  to  have  a  common 
seal  which  they  may  alter  or  change  at  i)lea'Ure  ;  and 
may  ha^•e  and  exercise  ail  powers,  rights,  privih  treji  and 
immunilies  which  are  or  may  be  necessary  to  carry  into 
effect  the  purposes  and  objects  of  this  act,  as  the  same  are 
hereinafter  set  forlli. 

§  2.  The  said  company  are  hereby  authorized  and  em-  Locate  roaa. 
powered  to  locate,  and  from  time  to  time  to  alter,  change, 
relocate,  construct,  reconstruct  and  fully  to  finish,  perfect 
and  maintain  a  railroad,  with  one  or  more  tracks,  com- 
mencing at  llockford,  in  tlie  county  of  Winnebago;  thence 
to  some  point  on  the  Mississippi,  at  or  near  the  ci'y  of 
Rock  Island,  passing  through  or  near  the  towns  of  Byron, 
Oregon  and  Grand  de  Tjur  ;  and  the  said  company  are 
further  authorized  to  use  and  opcate  said  raihoad,  and  Powers  or  oom- 
shall  have  power  and  authority  to  regulate  the  times  and  ^'"'^' 
manner  in  ivhieh  goods,  effects  and  persons  sluill  be  trans- 
ported on  the  same,  and  to  prescribe  the  manner  in  wldcli 
said  railroad  shall  be  used,  and  the  rate  of  toll  for  triius- 
portation  of  persons  or  property  thereon,  and  for  the  sto- 
rage of  merchandise  and  other  property  under  their  charge  ; 
and  shall  have  power  to  provide  all  necessary  stock  and 
mateiials  for  the  opt  ration  of  said  road  ;  and  shall  have 
power  to  erect  and  maintain  all  necessary  depots,  stations, 
shops  and  other  buildings  and  machinery  for  the  accom- 
modation, management  and  operation  of  said  railroad. 

§  o.     The    persons   named    as   corporators,    in  section  nirectorc 
first,  shall  constitute  the  first  board  of  directors;  and  said 
directors  shall  organize  the  board  within  ninety  days  fiom 
the  passage  of  this  act,  by   electing  one  of  their   ntimber 
president,  and  by   appointing  a  secretary  and  treasurer  ;  P-psidciif.«ecre- 
and    the  directors  present  shall  certify  the  said  organiza-    Mu^r,''''eiecu*ii 
tion,  under  their  hands,   which  certificate  shall  be  record-   "'• 
ed    in  the  record   book  of  said  company,  and  shall  be  suf- 
ficient evidence  of  the  organization  of  said  company.     The 
directors  herein  named  shall  hold  their  office  until  the  first 
Wednesday  in  October   following  their  organization,  and 
until  their  successors  are  elected  and  qualified,    as  herein 
provided  lor.     Vacancies  in  the  board   may  be  filled  by  a 
vote  of  two-thirds  of  the  directors  remaining,  at  any  regu- 
lar meeting  of  the  board,  or  at  any  special  meeting  called 
for  that  purpose. 

§  4.     The  within  named  director,-^,  or  thtir  successors,  po«ks     t«     b« 
shall,  as  soon  as  they  deem  advisable  and  for  the  interests   «?•"«''• 
of  said  company,  give   at  least  thirty  days'  notice  of  the 
time   and  places  along  the  line  of  said   road  wh«=n   books 
will  be  opened  for  subscriptions  to  said  company's  capital 


1  s:>7.  08 

stock,  and  sliall  keep  said  books  so  open  for  the  purpose  of 

sa>«eri>u.uM  to  feceivinn  slock  siibscription.^  until  the  sum  of  <.>ne  hundred 
tljouitwud  dolhus  are  subscribed  ;  and  whene\er  the  said 
sum  ol  one  hundred  thousand  dollars  are  subscribed,  said 
directors,  or  tlu  ir  successors,  may  proceed  to  survey,  lo- 
cate and  cons-truct  said  railroad. 

Ki«vtj.in  t:  <■':•  ^  5.  The  said  board  of  directors  and  each  succeeding 
board  shall  give  thirty  du}s'  notice,  previous  to  the  first 
Wednesday  ia  Oi  tober  ol"  each  year,  of  an  election  by 
the  sloekholders  of  a  board  of  fifteen  directors  ;  which  said 
electit>n  shall  be  hehl  at  the  otHco  of  said  company,  in 
Rockford  ;  and  at  said  elections  each  share  of  stock  shall 
be  entitled  to  vuc  vote,  to  be  given  in  person  or  by  proxy 
duly  8Ulliori/.td  under  the  hand  of  said  stockholder; 
and  the  persons  receiving  the  hii^luf^^t  number  of  votes  to 
be  declared  duly  elected,  and  to  hold  their  ollice  till  the 
next  election  and  until  their  succe5St»rs  are  elected  and 
qualified.  Said  elections  for  directors  to  be  conducted 
by  three  judges,  elected  by  the  stockholders  present;  and 
said  judges  shall  certify  the  same,  uiider  their  hands,  to 
tiie  seciitary,  whose  duty  it  shall  be  to  enter  the  same  on 
the  records  of  the  company.  No  peison  shall  be  entitled 
to  vote  for  stock  received  by  transfer  or  assignment  with- 
in thirty  days  of  said  election  or  for  any  stock  on  which 
there  are  any  due  and  unpiid  installments. 

'^TJ.  '"  "'"  §  ^-  I'  any  board  of  directors  fail  or  refuse  to  give  no- 
tice at  the  time  herein  specihKl  for  the  annual  election  of 

rv.rof  fc.rc-i- directors,  then  any  fiv«'  stoclcholders   may,  in  writing,  re- 

"  quire  the  sccretaiy  to  give  thirty  days'  notice,  and  it  shall 

he  liisduty  tfi  give  sail  notice,  so  required  for  any  election 
of  dircctoj5;  and  at  the  exj». ration  of  the  time  tlie  stock- 
holders pre  '"ent  shall  proc e'  d  and  eleet  dircc  tors,  as  here- 
in provided  for  the  election  of  direelois  ;  and  the  direc- 
tors so  elected  shall  constitute  the  legal  hoard. 

""^ f ;»•  ^''♦'  §  7.  riic  general  offices  of  the  company  shall  be  lo- 
'  calfd  in  the  city  of  Koekford,  where  all  the  books  of  re- 
cord shall  be  kept  and  the  general  business  of  the  com- 
pany transacted.  There  shall  be  kept  ut  the  secretary's 
office,  in  the  city  of  Koekford,  a  lull  record  of  the  name 
end  residence  of  each  stockholder  and  the  number  of 
!:hares  held  by  each.  Said  record  shall  at  all  times,  du- 
ring business  iiour.<>,  be  subject  to  the  inspection  of  e.ny 
stockholder. 

9^.ui*utt  §  K.     The   capital  stork  of  raid   eomp;iny  shall  he  one 

m'.llion  dollarH,  whieh  5^hall  he  divitled  into  sharr-s  of  ono 
luindrcd  dollars  each,  and  may  be  increased,  from  time  to 
time,  by  vote  of  a  majority  in  i  iterest  of  stockholders,  at 
their  annual  meotirg,  or  at  any  sjxrcial  meeting  called  for 
that  purpose;  by  the  <!ii<'  tors  of  said  conipany,  to  any  sum 
requisite  for  the  completion  of  said  railroad.     Previous  to 


69  ]8o7. 

a  vote  being  taken  for  any  increase  of  stock,  as  aforesaid, 
the  directors  shall  present  a  lull  statement  of  tht^  ol)j«;cts 
for  which  the  same  is  m.ule,  and  a  fall  stateiniMit  di  the 
then  condition  and  alfairs  of  said  company  ;  and  snch  a 
statement  uf  its  conditio-i  shall  be  made  at  eaeii  annual 
meeting,  in  October.  Ttic  sliares  in  said  company  shall 
be  deemed  and  considered  as  personal  property  ;  and  all 
certifuales  of  stock  in  said  comj)any,  sliall  he  sit^ncd  by 
the  president  and  countersigneil  by  the  secretmy  and 
treasurer  of  said  company,  each  of  whom  shall  k»'ep  ii  fair 
record  of  tlie  same,  whii-h  sliall  be  subject  to  t!ie  inspec- 
tion of  any  stockholders  of  said  company. 

5  IK     It  .'•hall  be  lawful  for  the  directors   to  make  calls  ^'■'''■'■"»     '"»y 

'  .  1  •!        1     X  I  •       I  I  •  •  1     f"'''ko    rallR   OB 

upon  the  sums  subscribed  to  the  capital  stock  ol  said  stock  sub' or ibeJ 
company,  at  such  time  or  times  and  in  such  amounts  as 
they  shall  deem  necessary,  ,i;ivin«r  at  least  thirty  days'  no- 
tice of  each  of  said  cabs  ;  and  in  case  of  failure  or.  the  \ 
part  of  any  stockholder  to  make  payment  of  any  e;ill  by 
said  tlirectors  for  sixty  days  after  the  same  shall  bi-eome 
due,  the  said  board  of  directors  are  hereby  autlior'/til  to 
deidare  said  stock,  so  in  ai  rears,  and  all  sums  ])aid  tlitrcon, 
forfeited  to  said  company,  or  to  recover  such  unpaul  sum 
or  sums  in  an  action  of  debt  in  aiiy  court  having  jurisdic- 
tion thereof.  ' 

§  10.  The  said  company  are  hereby  authorized,  by  P'"»^«'"  •'  '^™- 
their  engineers  and  agents,  to  enter  any  lands  or  lots  lor  tlie  t:.,n  ti  right  <.t 
purpose  of  making  the  necessarj  surveys  and  exainina-  '^'^' 
tions  for  said  road,  and  to  enter  upon  and  take  and  hohi  all 
lamls  necessary  for  the  construction  of  the  said  railroad  and 
its  appendages,  first  making  just  and  reasonable  cntr.j)en- 
sation  to  the  owners  of  said  lands  for  any  damage  that  may 
arise  to  th  "in  from  the  building  of  said  railroad  ;  and  in  c;ise 
t'lie  said  company  shall  not  be  able  to  obtain  the  title  to 
any  lands  or  premises  which  may  be  necessary  for  the  juir- 
poses  of  said  road  and  its  appendages,  by  purchase  or  vol- 
untary cession,  tiie  same  way  be  obtained  in  the  mode 
provided  by  the  provisions  of  the  tv/enty-second  section 
of  an  act  entitled  "  An  act  to  jirovi  je  (or  a  general  s}  st«  m 
of  railroad  incorporation?,"  passed  Nov.  5th,  A.  1).  ISIK: 
Provided^  that  after  the  appraisal  of  damages,  in  pursu- rrvis. 
ance  of  said  act,  and  upon  deposit  of  the  amount  rf  such 
appraisal  in  the  office  of  the  clerk  of  the  circuit  court  of 
the  county  wherever  such  Unds  may  be  situate,  the  said 
company  shall  be  authorized  to  enter  upon  such  lands,  lor 
the  construction  of  said  railroad. 

§   11.     The  said  company  are  authorized  and  t  mjiov.'cr-  m.w  lorrow  mo- 
ed  to  borrow,  from  time  to  time,  such  sums  of  moiM-y,  not  *"'*'■ 
exceeding  double  the  amount  of  stock  subscribed  and  up- 
on which   at  least  ten  per  cent,  shall  have   been  paid,   as 
may  be  necessary  for  constructing,  completing  and  finish- 


IS')?.  70 

ing  and  or  operating  said  railroad,  and  to  issue  and  di'?- 
pose  of  tlieir  bond?,  in  denominations  ot"  not  Uss  than  five 
iaindred  dollars,  for  any  anuuint  so  borrowed,  and  to  j)ay 
any  rate  of  inter -st  therefor,  not  e.xci  eding  ttn  per  cent., 
and  to  pledg*'  and  nior'gnge  the  said  road  and  its  ap- 
pendages, or  any  part  tlii-reol",  or  any  other  property  or 
iflVctj!,  rights,  credits  or  iVancliiscs  of  the  said  company, 
as  security  lor  any  loan  of  money  and  interest  tliereon, 
M17  di<^»e  cf  and  to  disp)sr  of  the  bonds  issued  for  such  loan  at  sucli 
rate  and  on  such  terms  as  two-thirds  of  the  directors  may 
determine. 
D«..d>)i<Lv  ^>   12.     Said  comjiany  shall,  nr.nually  or  sc mi-anr.uall}', 

make  such  dividends  as  tliey  may  deem  proper  of  tiie  net 
proceeds,  receij)t3,  profits  or  income  of  said  company  among 
the  storkholders,   in  proper  and  just  proportion   to  their 
sliares  therein. 
By:«»*.  ^   y>^^     Sdid  company  shall  have  power  to  make,  ordain 

and  establish  all  such  by-laws,  rules  and  regulations  as 
may  be  deemed  expedient  and  necessary  to  fulfil  the  pur- 
poses and  carry  into  efl'ect  the  provisions  of  this  act,  and 
for  the  well  ordering  and  securing  the  affairs  and  interests 
^  '^''^  of  said  comjiany  :  PmvulLi!,  that  the  same  be  not  repugnant 

to  the  constitution  and  laws  of  the  United  States  or  of  this 
state.     Tliib'  act  and  all  by-laws  that  may  be  adopted  or 
alterations  thereof  shall  be  printed  and  distributed  among 
the  stockholders  i>f  the  company. 
J.     ^    .,^.,  ^   14.     It  siiall  be  lawful  for  any  fifteen  stockholders,  by 

p  .T  a.i  u.ei.- giving  thirty  days'  notice,  stating  the  objects,  to  call  a 
meeting  of  the  stockholders  of  said  company;  and  the 
secretary  of  said  company  shall  certify  said  call  and  record 
the  same,  as  well  as  all  matters  that  may  be  transacted  un- 
der such  Call.  The  stockhoiderg  present  under  such  call 
tnay  proceed  and  ap|)oinl  from  among  themselves  a  com- 
ArT'i'".  »  «-^.--  initlec  of  three,  with  full  power  to  examine  all  books,  pa- 
pers and  accounts  belonging  to  said  company  ;  and  said 
rommittee  may  rmj)loy  any  competent  accountants  to  aid 
in  said  examination,  and  .«^aid  committee  shall  have  full 
power  to  examine  aiiy  or  all  officers,  agents  or  employees 
ii^  Faid  company,  under  rath,  to  be  administered  by  the 
r«w-ri  a  chairman  of  said  committee;  and  said  officers,  agents  or 

emplMycei  shall  duly  answer  nil  questions  that  may  be  re- 
quir'  d  <»f  them  by  said  enmmittee  touching  any  matters  re- 
lating to  the  affairs  of  said  company  ;  and  the  said  officers, 
BgfnH  and  employees  shall  aid  said  committee  in  said 
r,  '•  i>(,u.m  c\  unination,  as  they  may  require,  as  far  -s  able.  'J'hc  ex- 
pense of  said  examination  ^hall  be  paid  from  the  treasury 
(  f  the  coinjiatiy,  and  the  certificate  of  said  committee  to 
;:ny  bill  the;efor  fha.'l  nuthori/.e  the  secretary  of  the  com- 
pHuy  to  draw  his  warrantor  order  on  the  tieasurer  for  the 


71  1857. 

amount  tlieroof ;  and  said  committee  sliall  make  a  full  and 
detailed  rej)>rt  of  tl»e  condition  of  affairs  and  matters  by 
them  exaniiiud  into. 

§   15.     The  several   counties,   cilie."?,  incorj)oratt"d   vil-  Conmicf,  ciu^c, 
jages  and  towns  throut^li  or  near  which  said  road  .'^hall  be    laTo'-i* m!v- rho." 
located  are  hereby  autliorized  to  stibscriljc    to  the   capital    ""'"^osto  ». 
stock  in  or  seveially  to  lend  their  credit  to  the  corporation 
hereby   created,  fur  the  purpose  of  aidinj;  in  the  construc- 
tion of  said  road  :   PruvUiil^  that  no  subscri[)ti()n  or  loan 
shall  be  made  until  the  same  sliall  be  voted  fur  as  herein- 
after |)rovided. 

5  U).  Whenever  one  hundred  (100)  voters  of  any  such  ^"'^  "f  p^opo 
county,  city,  village  or  town  sliall  make  a  written  applica- 
tion to  the  county  clerk  of  such  county,or  twenty-five  voters 
of  any  such  city,  incorporated  Aillage  or  town  shall  n.ake 
such  apj)lication  tothe  clerk  thereof,  requiring  an  election  by 
the  legal  voters  of  such  county,  city,  village  or  town,  to 
determine  whether  such  subscrij)tion  or  loan  shall  be  made, 
sptrif'ying  in  such  application  the  amount  a'ld  whether  to 
be  subscribed  for  or  loaned,  such  cleik  shall  file  such  ap- 
plieation  in  his  office  and  immediately  give  the  notice,  as 
re(]uired  by  law,  for  an  election  -to  be  held  by  the  legal 
voters  of  such  county,  city,  village  or  town,  at  the  usual 
places  fur  holding  elections  ;  and  such  elections  sliall  be 
held  and  conducted  in  all  respects  and  the  return  thereof 
made  as  in  case  of  annual  elections. 

§  17.  If  a  majority  of  the  voters  voting  at  any  such  siiii.<!crip»ion  t^ 
election  shall  be  in  favor  of  such  sub.'^cri'ptiou  or  loan  then  by.  '  "'^™*"" 
such  county,  city,  incorporated  \illage  or  town,  by  its  pro- 
per corporate  authority, shall  subscribe  or  loan  to  said  cor- 
poration the  amount  as  specified  in  section  sixteen,  and  shall 
issue  to  said  corporation  their  bonds  for  such  amount, 
drawing  ten  per  cent,  interest,  and  pavablti  in  not  less  than 
ten  (lO)  nor  more  than  tv/enty  ('20)  years. 

§  18.  If  any  county,  city,  village  or  town  shall  sub-  now  rcprcfcntf^ 
scribe  to  said  capital  stock,  uiider  the  jirovisions  of  this 
act,  and  shall  issue  their  bondp,  said  bonds  shall  be  in  full 
])ayment  of  their  .'•iiid  subscri{)t;ons  ;  and  the  supervisors 
of  such  county,  and  the  corporate  authority  of  sUch  city, 
village  or  town  shall  annually  appoint  some  suitable  per- 
son to  represent  and  vote  upon  the  f  tock  so  subscribed. 

§   I'J.     The  said  company  shall  be  allowed  three  )"ears,  r..n<;,   ^\.tn   t* 
from  the  passage  of  this  act,  for  the  commencement  of  said    "^  <^'-°»'»''"»«^-''- 
raUroad  ;  and   in  case   at  least    thirty    miles   of  the  same 
sliall  not  l)e  completed  in  ten  years  thereafter  the  privilege 
hen  in  granted  shall  be  forfeited. 

§  2i).     Said  company  shall  have  the  power  to  unite  its  M:.y  wut  «i| 
railroad,  in   whole   or  in  part,  with  any  other  railroad  or   """"  '""'*• 
railroads  now  constructed,  or  which  may  hereafter  be  con- 
structed  in   this  state,  coming  in  contact   therewith,  and 


i?*!:. 


U'T  It*  m>r*.- 


to  grant  to  any  such  company  or  companies  tl»e  right  to 
use  any  portion  oi'  said  line  of  ro  ul  ht-rttby  authorized  to 
be  constru<^ted,  upon  such  terms  as  may  be  mutually 
agreed  between  the  said  company  or  coinj>uMies,  oy  may 
^onrJolidate  the  capital  stick  with  the  capital  stock  ot  any 
railroad  company  with  which  it  sh.all  inttisect,  and  shall 
have  full  power  to  place  the  road  ot  said  company  and 
its  capital  stock,  so  consolidated,  under  the  direction 
of  a  ji>int  board  of  directors  of  not  less  than  eighteen, 
at  least  thirteen  of  whom  shall  be  ciiosen  from  stockhold- 
ers resident  within  the  counties  through  which  said  con- 
solidated roads  are  located  ;  the  first  board  of  directors  to 
be  chosen  as  the  directors  of  the  ompany  cons  )lidatinQj 
their  capital  jhall  direct  and  agree,  and  all  subsequent 
boards  to  be  elected  a^  herein  provided  for;  but  no  con- 
solidation shall  !»e  legal  nor  sale  or  transfer  of  the  perma- 
nent rights.  ])rivileges  or  franchise  of  said  company,  with- 
out the  assent  of  a  majority  in  interest  of  stock  voting  in 
favor  of  Consolidation,  sale  or  transfer  at  any  annual  or 
regular  called  meeting  of  the  stockholders. 

§  ill.  Said  eomj)any  are  hereby  authorized  to  take  and 
r»^ceive  from  the  several  subscribers  to  the  said  capital 
stof^k  mortgages  on  re&l  estate  for  and  in  payment  ot  the 
full  amount  ot  their  said  subscriptions  ;  which  mortgages 
may  bear  interest  at  the  rate  of  ten  per  cent,  annually, 
and  be  payalde  at  such  time  as  said  directors  and  said  sub- 
scribers shall  jigiec. 

Approveo  Jan.-S,  1S57. 


>•  •*'»'-• /»n.M,  A.N  AiT  to  iiicorporato  Hydo  park  Seminary 


l«o»fpofr»t/^' 


ol  C)rp»> 


I'ark,  III  the  county  ol  Uook. 

V  li.  Said  corporalif>ii  shall  have  power  lo  make  cnn- 
tra*'l»  ;  t*>  sue  and  bo  sued  ;  to  have  and  use  a  common 
»«pal ;  to  take  arid  hold  r«-nl  estate  and  other  prop^'rty,  by 
purcliase,  gift,  ;;rant,  devise  or  otherwise,  and   to   lease, 


V3  1857. 


convey  and  dispose  of  the  same,  for  tlio  purposes  aforesaid. 
Every  ooiiv^-yance  by  said  corporation  shall  be  ordered  by 
a  majority  of  the  trustees;  which  order  shall  be  entered 
upon  the  records  of  the  corporatipn,  and  the  deed  shall  be 
executfd  and  signed  by  the  president  and  secretary  of  the 
board  of  trustees,  and  attested  by  the  seal  of  the  corpora- 
tion. Said  corporation  shall  also  have  power  to  establish 
such  departments  in  said  institution  as  they  may  deem 
proper,  to  confer  degrees  in  the  liberal  and  learned  arts  Confer  dcgrcM. 
and  sciences,  and  to  do  all  other  acts  necessary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers,  and 
shall  have  j)erpetual  succession. 

§  ;').     The  number  of  tru>'tees  may  be  increased  to  fifteen,  '^ll'^l''^^J^       '"- 
the  additional  members  to  l)e  clmsen  by  the  persons  herein- 
befor^i  named;  and   hereafter  all  vacancies  may  be  filled 
by  the  remaining  members  of  the  board.     Any  person  may 
be  expelled  from  the  board  for  immoral  conduct,  by  a  vote  Mrmi)pr9 may b« 
of  two-thirds  of  the  whole  number  of  trustees  ;  in  all  other   '^^'''^^'"^^• 
cases  a  majority  vote  shall  be  s\ifficient ;  but  no  member 
of  the  board  shall  be  expelled  unless  notice  shall  have  been 
first  served  upon   him  and  a  full  opportunity  for  defence 
given. 

§  4.  The  oflicers  of  the  corporation  shall  consist  of  a 
president,  secretary  and  treasurer,  who  shall  be  elected  by 
a  majority  of  Slid  board;  and  the  treasurer  shall  give  bond, 
to  be  approved  by  the  board. 

§  5.  Said  corporation  may  have  a  capital  stock  of  oapuai  stock. 
$100, 0(0,  divided  into  shares  of  "MoO  each  ;  and  subscrip- 
tions to  the  same  shall  become  binding  when  ■':^25,00O  shall 
be  taken,  and  shall  be  payable  in  iIl'^^'ll!ul' nts,  as  the  said 
trustees  may  from  time  to  time  direct ;  and  any  subscriber 
failing  to  pay  any  installment  or  instalments  required  shall, 
at  the  option  of  said  trustees,  forfeit  his  claim  to  f^aid  stock 
and  all  payments  made  thereon.  Said  trustees  may  in-  Mayioincrca?c<i 
crcTse  the  capital  stock  to  $o00,00i>,  if  deemed  by  them 
necessary  to  carry  out  the  purposes  of  this  corporation. 

§  (5.     The  property  of  said   corporation,  both  real  and  Property  of  oor- 
personal,  shall  forever  be  and   remain  free  from  taxation:   p  •"''<"  "ot  u> 

n  •  /     /       I  I  »  1-11  1     ''"  '^'f'^J- 

rrovutea,  that  the  number  of  acres  of  land  thus  exempted 
shall  never  exceed  one  hundred,  nor  shall  a  larger  quan- 
tity than  one  hundred  acres  be  held  in  perpetuity  by  the 
corporation.  All  real  estate,  over  and  above  the  quantity 
herein  specified,  sh.;  11  be  disposedof  by  said  corporation 
within  ten  years  after  the  purchase  or  acquisition  of  the 


same 


§  7.     In  addition  to  the  stock  mentioned  in  this  act  the  powprof(rn»t«w 
trustees   shall   have  power  to  sell   one   hundred  thousand   f,';,,';'  *"''"''•'• 
dollars'  worth  of  scholar.^hips  for  the  purjose  of  endowing 
the  institution. 


1857, 


Powfr  v,f . 


MfrMin«o:  t.-B..-  $  S.  It  shall  be  the  duty  of  the  trustees  to  hold  an  an- 
nual meeting  at  such  time  and  place  as  they  may  think  besi, 
lor  the  purpose  of  settling  all  business  i)ertuiMing  to  the 
semiudry. 

^  i'.  The  president  of  the  seminary,  together  with  such 
professors,  instructors  and  tutors  as  may  be  employed  in 
said  institution,  shall  be  styled  ''The  Faculty  ol  the  Sem- 
inary;"  and  said  faculty,  by  and  with  the  advice  and  con- 
sent of  the  trustees,  shall  have  power,  from  time  to  time, 
to  ordain,  regulate  and  establish  the  mode  and  course  of 
instruction  and  education  to  be  pursued  in  said  seminary, 
and  shall  have  power  to  adopt  and  enforce  such  rules  as 
may  be  deemed  expedient  for  the  good  government  of  the 
institution. 

§  10.  Said  institution  shall  be  open  to  all  religious  de- 
nominations alike,  and  females  shall  he  admitted  upon  equal 
terms  with  males  in  all  the  departments. 

Approved  Jan.  28,  1857. 


Opeo  to  nil  dc- 


In  force  J»D.  C9, 


Iaoorpor»;ivn. 


•trie    cf    Incor- 
porsUoo. 


B««a<larici 


rr«rt*>. 


AX  ACT  to  in:ori)orate  the  inliabitanta  of  Jonesboro. 
AnTicLK  I. — OJ   Buiinclnrit  s  <i7iil  doirral  Pi)U'ers. 

Skction  1.  Be  it  enartc<{  hy  the  jjvojilc  of  the  state  of 
Vliuois^  rrprespiifi (/  in  the  (rcne/'d/ •.^Jssrm/i/i/,  That  the  in- 
habitants of  tin*  town  of  Ji)nes!)oro,  in  the  county  of  Union, 
and  state  of  Illinois,  be  anil  they  are  hereby  constituled  a 
body  politic  and  corporate,  by  the  name  and  style  of  "The 
City  of  Jonesboro  ;"  and  by  tliat  name  shall  have  perpetual 
succession;  and  may  have  and  nsi-  a  common  seal,  which 
tht-y  may  change  and  alter  at  jihasurc. 

§  ll.  Swid  city  of  Joi'.eshoro  shall  comprehend  all  that 
district  of  country  r-mbraced  within  the  following  limits, 
to  wit  .  a  territory  one  and  a  half  miles  square,  the  cenlre 
of  which  shall  be  the  point  or  extreme  northeast  corner  of 
the  public  ^f|uar<',  in  the  town  ol  Jonesboro,  and  also  all 
of  tliat  tf-rrifory  not  iiicludrd  within  said  boundaries  as 
was  iiicludrd  within  the  boundaries  of  Jnnesboro  by  tho 
act  approved  February  ]  Ith,  1H21,  entitled  "An  act  ap- 
pointing trustee.i  of  the  towns  of  Jonesboro,  America,  Cov- 
ington, Vienna  and  the  villaf:c  of  Praiiif;  dii  lloelur" : 
Pruvidiil^  that  thf  hgally  established  boundaries  of  Anna 
fhall  not  be  intirf'-retl  willi  by  the  boundaries  of  Jonesboro 
herein  provided  for. 

%  3.     The  city  council  ^hall  also  have  the  power  to  en- 
large t.'.e  bouniarit?,  by   ordinance,  not  exceeding  two 


75  1857. 

miles   north,  soiitli,  east   and  west  from  said   establislicd 
centre. 

§  1:.     Willis  Wiilnrd,  Caleb  Friclc,  Jolin  E.  Naill,  John  NamcoftruMcc. 
Grcar,  William  (uLen  shall  constitute  the  present  hoard  of 
trustees  of  said  city  of  Jonesboro  ;  and  on  the  first  Mon- 
day of  April  next  shall  divide  the  city  into  three  wards,  as 
nearly   equal    in    population    as    jjracticable,   particularly 
describing  the  boundaries  of  each  ward. 

Articlk  II.  —  Of  Cilij  Council. 

§  f).     There  shall  be  a  city  council,  to  consist  of  a  mayor  cay  council, 
and  board  of  aldermen. 

§  0.  The  hoard  of  aldermen  shall  consist  of  one  member  Board  of  aider- 
form  each  ward,  to  be  elecied  by  the  legal  voters  of  the 
respective  wards,  for  two  years;  and  in  case  of  rt-moval 
from  the  ward  for  which  he  is  e.'ected  his  office  shall  there- 
by become  vacated  ;  and  no  alderman  shall  be  elected 
whose  residence  is  out  of  the  ward  for  which  he  is  elected. 
The  city  council  shall  be  the  judges  of  the  election  and 
qualification  of  their  own  members,  and  shall  determine 
all  contested  elections,  and  a  majority  shall  constitute  a 
quorum  to  do  business,  and  may,  by  a  concurrence  of  two- 
thirds,  expel  a  member. 

§  7.     The  city  council  shall  keep  a  record  of  its  pro-  Kccprccord. 
ceedings,  and  Irom  time  to  t'mc  publish  the  same;  and  all 
vacancies  shall  be  filled  by  election. 

§  8.  Tiie  mayor  in\*\  aldermen,  before  entering  upon  the  onirprs  u  tako 
duties  of  their  office,  sliall  take  an  oath  to  support  the  con- 
stitution of  the  United  States  and  of  this  state,  and  well 
and  truly  perf-syn  the  duties  of  their  office,  to  the  best  of 
their  ability  ;  and  all  other  officers  shall  qualify  in  the  same 
way;  and  in  case  of  a  tie  in  election  the  trustees  or  alder- 
men shall  certify  the  same  to  the  mayor,  who  shall  detcr- 
miu'-  the  same  by  lot. 

f  !',     There  shall  bo  twelve   rccrular  meetings  of  said  MroUnKs  of  cUr 

...  ,  .!,•  11  Ml     council. 

City  council  in  eacli  year,  at  the  t'lnes  and  places  prescnbeu 
by  ordinance  of  said  board. 

§  li».  Tiie  mayor  shall  be  elected  by  the  qualified  Mny.r  to  »• 
voters  of  the  city  ;  shall  be  the  chief  executive  and  judicial 
officer  of  the  same,  and  hold  his  office  for  one  year,  and 
until  his  successor  is  elected  and  qualified  ;  he  shall  be  a 
resident  of  tlip  city,  a  qualified  voter  thereof;  and  in  case 
of  removal  from  the  city  his  ofllice  shall  thereby  be  vacated  ; 
and  in  case  of  a  tic  the  city  council  shall  determine  the 
election  by  lot,  and  be  elected  on  the  first  Mond  iy  of  April, 
annually. 

5  11-     The  present  trustees  named  in  this  act  shall,  by  Tmstrc^  u>  pr»- 
ordinance,  provide  for  tlu;  first  election  of  mayor  and  alder-    iKaofnujcr. 
men;  shall   canvass  the  voles  and  declare  who  are  duly 


1857.  7G 

elected,  and  make  return  of  tlie  election  to  the  cleric  of  tlie 

county  court,  and  to  the  secret-iry  of  state,  of  the  election 

of  mayor,  in  the  same  manner  that  returns  are  made  ol  tlie 

clectit  n  of  justice  of  the  peace. 

Other  offloors  to      S  12.     At  cach  "eneral  ilection  of  mayor  and  aldermen 

tliere  slipll   be  eu'cteil  a  treasurer,  niarsiial,  assessor  and 

one  street  commissioner,  whose  terra  of  office  shall  be  one 

year,  and  until  his  successor  shall  be  elected  and  qualilied. 

tmpj     i>    le       '3  lo.     The  city  couticil  shall  have  power  to  levy  and 

\ta^.  *"^  '^''  collect  taxes,  assess  all  property,  real  and  personal,  within 

the  limits  of  the  city,  not  exceeding  one-half  of  one  per 

cent,   per   annum,   upon   the   assessed  value    thereof,   for 

general  purposes;  and  may  enforce  the  payment  of  the 

jame  in  sucli  manner  as  they  may  prescribe  by  ordinance, 

not  repugnant  to  the  constitution  or  laws  of  this  state  or 

of  the  ITnited  States;  and  may  also,  in  tlie  same  way,  levy 

For  »choo!  ror-  and  collect  a  tax  for  school  purposes,  not  to  exceed  one- 

"*****  fourth  of  one  per  cent,  on  the  value  of  all  property  within 

the  city, 
offlccrs  msy  be      §  14.     They  shall  have  power  to  appoint  a  clerk  and  all 
•ppointca.        other  officers  not  made  elective  by  this  act,  which  shall  be 
ntcessary,  and  the  officers  thereof  created  by  ordinance 
of  the  board;  they  shall  have  powder  to  require  and  approve 
bonds  of  all  officers  appointed  in  pursuance  of  this  charter, 
with  penalties  and  security  for  t!ie  faithful  performance  of 
their  respective  duties;  to  borrow  money,  on  the  credit  of 
the  city,  and  issue  their  bonds  under  the   seal  of  the  city 
KoncT.  how  may  thertfor,  but  no  money  shall  be  borrowed  on  the  credit  of 
baburruwed.      ^|^g  ^j^^^  excei)t  with  the  consent  of  two-thirds  of  the  qual- 
ified voters  of  the  city ;  they  shall  have  power  to  ajipro- 
priate  money,  pay  the  debts,  and  provide  for  the  general 
welfare  of  the  city;  to  establisli  hosjutals,  and  make  regu- 
lations for  the  government  of  the  same,  and   to  secure  the 
general  health  of  the  inhabitants;  and  declare  what  shall 
be  a  nuisance,  and  to  prevent  and  remove  the  same, 
p./irer    <,i    city       §  1").     They  sliall  have  ]) owcr  to  open,   widen,    alter, 
•i«iaeji.  ab;jlish,   establish,   grade,   pave    and    keep   in   repair   the 

streets,  lanes,  alleys,  avenue?  and  pu})lic  squares  and 
ground'?  of  the  city;  to  dividtj  the  city  into  wards,  alter 
boundaries  thereof,  and  establish  addilitmal  wards. 

§  V).  They  shall  have  power  to  provide  for  lighting  tho 
streets,  erect  lamp  posts,  erect  and  maintain  market-houSts 
and  market**,  and  provide  for  the  government  thereof. 

§  17.  To  lirensc,  tax  and  r<gulate  auctioneers,  mer- 
chant«»,  rt.-tailers,  groetrs,  taverns,  ordinaries,  hawkers, 
pawnbrokf-rSf  money  changers,  showmen,  insurance  agents 
and  office!!,  and  license  the  retail  of  liquors  by  druggists 
for  medicin.il,  mechanical  and  artistic  purposes. 

§  IS.  To  license  hickney  carriages,  wagons,  carts, 
drays,  and  fix  the  rates  thereof;  they  shall  have  power  to 


77  1857. 

license  porters,  and  fix  the  rates  of  porterage ;  to  license, 
tax  and  regu'ate  tlivMtrical  sliuws  and  other  ainusfnitnts  ; 
to  tax,  restrain,  proiiiljit  and  sujjpress  tippling  houses,  dram 
shops,  and  gambling  houses,  and  bawdy  liouses;  and  pro- 
vide lor  the  extinguishing  oJ  fiie?,  and  make  regulations 
to  prevent  fires  in  the  city,  and  entorce  obedience  to  such 
regulations  ;  to  regulate  weights  and  measures  in  the  city, 
in  all  case5  not  otherwise  pro\  ided  for  by  law. 

§  1*J.  They  shall  have  power  to  fix  the  compensation 
of  all  city  oificers,  fees  of  jurors,  witnesses,  and  f(jr  all  other 
Eervices  rendered  to  the  city  by  ordinances  or  the  provi- 
sions of  this  charter;  to  restrain  street  bi^ggars,  and  to 
punish  the  authors  of  nuisances  by  fine  and  imprisonment, 
or  either,  or  by  causing  the  same  to  be  abated. 

§  '10.  They  shall  have  the  power  to  regulate  the  police 
of  the  city;  to  impose  fines  and  forfeitures  and  penalties 
for  the  breach  of  any  ordinance,  and  to  provide  for  the  re- 
covery and  apjjropriation  of  such  fines  and  forfeitures  and 
the  enforcement  of  such  penalties  ;  and  shall  have  power 
to  make  all  ordinani-es  which  shall  be  necessary  and  pro- 
per for  carrying  into  execution  the  powers  specified  in  this 
act,  not  however  to  be  repugnant  to  the  constitution  and 
laws  of  this  state  or  of  the  United  States. 

^'21.     The  style  of  all  ordinances  passed  shall  be  "^e  styip    of    ordt- 

QilCCS 

if  cnackd  bij  the  cilij  of  Jjncsburu.^^ 

§  '1-.     All  ordinances  passed  by  the  city  council  shall  oniinanccB  to¥ 
be  published  in  some  newspaper  printed  in  the  city,  within    p"  "  "^  •         / 
one  month  after  the  passage  of  the  same,  and  shall  not  be 
in  force  before  being  so  published. 

5  23.     They  shall  have  ])Ower  to  lay  ofF  the  city  into  ScTiom   diMtricu 

»         I      T    A    •     *  1        1<         .1  1.        1  ^  m;iy  Lc  laid  off. 

sciiool  districts,  and  alter  tlie  same  at  pleasure;  to  pur- 
chase real  estate  and  erect  school  houses  thereon,  and 
provide  for  the  government  thereof,  fix  the  compensation 
of  teachers,  and  remove  them  at  pleasure. 

§  24.     All  ordinances  of  the  city  may  be  proved  by  the  ordinanw.-,  uow 
seal  thereof,  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  farther  proof. 

Of  the  Mayor. 

§  25.     The  mayor  shall   preside  at  all  meetings  of  the  Mayor,  dnuw of. 
council,   and  shall  have  the  casting  vote  ;  in  case  of  his 
absence  the  board  of  aldermen  shall  appoint  one  of  their 
own  number  to  preside  at  such  meeting  during  Ins   ab- 
sence. 

6  2(3.     Tli*^   mayor,  or  any  two  of  the  aldermen,  may  sppmsi     mfcw 
can  a  special  meeting  of  the  board,  to  transact  business.    "'^*' 

§  27.     The  mayor  shall  superintend  the  conduct  of  all  F'lr'hcr  da*?  ^ 
subordinate  officersj  and  see  that  t=iie  laws  and  ordinances 


1^57. 


are  enforcej  ami  obeyed,  dclinquenoes  pinushed,  coinmu- 
nicdte  to  the  board  of  aldt-rmt  n  such  iiilarmation  and  re- 
commend such  ineasuits  as;  he  shall  detui  proper. 
'  ly  eaforw  §  i^S.  He  13  liereb)  authovized  and  t  mpowed  to  oall 
•uctM.*'^  *"^*'  yi\^on  any  male  inhabitant  of  the  city,  over  tlie  age  of 
eighteen  years,  to  aid  in  ml'tireing  the  laws  and  t,)rdina'ioes!, 
and  in  case  of  riots  to  call  out  the  malitia  to  aid  him  in 
suppressing  tlie  same,  or  in  carrying  into  etlVct  any  laws 
or  ordinances,  and  anj  such  jie'son,  who  sha'i  fail  or  re- 
fuse to  obey  such  call  shall  forfeit  to  said  city  a  fine  not  to 
exceed  twenty-five  dollars. 

§  :Ii>.  He  shall  have  power  to  require  of  any  of  the 
officers  of  said  city  an  exhibit  of  his  books  and  [)aper«  and 
to  execute  all  ordinances  made  in  pursuance  of  this  act. 

§  oil.  He  shall  be  coinmissi'MU'd  by  the  governor  as 
justice  of  the  peace  of  said  city,  and  shall  have  power  and 
authority  to  administer  oaths,  open  courts  and  ])roceed 
under  the  seal  of  the  city,  take  depositions  and  all  the  ju- 
risdiction and  authority  of  justi<^e  of  the  peace  in  this  state, 
and  in  addition  thereto  sneli  additional  jurisdiction  as  is 
herein  provided,  and  shall  also  have  jurisdiction  in  all  ac- 
tions in   the  case,  where   the  damages  claimed  do  not  ex- 

o  ... 

ceed  one  hundred  doll:irs.  He  shall  have  jurisdiction  in 
all  cases  arising  under  this  charlpr,  and  the  laws  and  or- 
dinances of  the  corporation,  and  concurrent  jurisdiction 
with  all  other  justices  ot  the  peace  in  all  civil  and  ciimi- 
nal  case"  arising  from  the  laws  of  this  state,  and  shall  re- 
ceive the  same  fees  and  compensation  for  his  servii:cs  in 
similar  cases,  and  also  such  jurisdiction  as  may  from  time 
to  time  be  vested  in  him,  not  inconsistent  with  the  consti- 
tution and  laws  of  t.iis  state  and  of  the  United  States,  and 
in  additiiMj  to  his  fees  as  justice  of  the  peace  he  shall  re- 
ceive f)r  his  services  such  s  ilary  as  shall  be  fixed  by  an 
ordinance  of  the  city  ;  and  in  case  he  shall  be  guilty  of 
p:ilj)able  evasion,  omission  of  duty  or  of  willful  or  corrupt 
oppression,  malconduct  or  partiality  ;n  the  discharge  of 
the  duties  of  his  office,  he  shall  be  indicted  in  the  eircuit 
court  of  Union  county,  and  lorfeit  and  pay  a  sum  not  ex- 
ceeding two  hundred  dollars,  and  on  recommendation  of 
the  jury  who  try  the  same;  be  removed  (rom  his  office  by 
the  court. 

§  '•){.  Whenever  it  may  become  necessary  to  take  pri- 
vate ])ropcrty  for  opening  or  widening  streets  or  alleys, 
the  corjjoration  shall  make  just  comj)ensation  to  the  per- 
son whose  property  is  so  taken;  and  in  case  of  disagree- 
ment ai  to  the  value  thereof  the  mayor  shall  cause  the 
s.'ime  to  be  ascertained  l)y  a  jury  of  six  freeholders  of  the 
city,  but  the  persons  petitioning  for  su(di  im()rovem(;nt 
sliall  not  after  sucli  petition  i-j  signed  by  them  be  entitled 
to  any  damages  or  c  jinpensation,  but  tiic  mayor  for  good 


79  1857. 

cause  may  set  aside  an  award  of  damages  and  grant  an- 
other disinterested  jury  of  freeholders  to  consist  of  six. 

^  o'l.  The  city  council  may,  by  ru  ordinance  for  that  -AddiUonai  tax- 
pnrpose,  levy  and  collect  an  additioneil  and  .special  tax  for 
tlie  improvement  of  any  street,  lane  or  alley,  or  part  there- 
of, to  be  paid  by  the  owners  of  lots  or  lands  lying  immedi- 
ately on  the  same  according  to  the  respective  fronts  on 
the  same  lor  the  purpose  of  phinking,  paving, grading,  light- 
ing or  otherwise  !mj)ioving  the  same. 

§  o3.      I'he  inhabitants  of  the  city  of  Jonesboro  are  here-  inhabitants  ex- 
by  exempt  from  working  roads  beyond  the  limits  of  the  city.    w",'king    rJao* 

§   o4.      The  city  council  shall  have  power  to  compel  all    ^'^^"^^'^  limiu. 
able  bodied  male  inhabitants  ol  said   city  over  twenty-one 
years  and  under  fifty  years  of  age  to  work  five  days  each  Number  of  day*' 
year  on  the   streets   and  alleys  of  the  city,   in    addition  to    *'''"■""  '^'"'^•• 
all  othe/  taxes  and   assessments,  and  any   person  retnsing 
or  neglecting  so  to  work  upon  being  served  with  a  written 
notice  shall  forfeit  and  pay  to  the  city  the  sum  of  one  dol- 
lar per  day. 

§  3o.     All  suits  and  prosecutions  instituted,  commenced  Suit",   in  what 
or  brought  by  the   corporation  hereby  created,  shall  be  so    """'*'    r<-uBi'». 
commenced  and  brougjlit  in  the  name  of  the  ci^v  ot  Jones- 
boro. 

§  30.     In  all  cases  of  the  trial  of  the  right  of  way  under  Dnraaff*"^,    how 
the  provisions  of  this  charter,  the  jury  in  assessing  com-    taiuca'ses. 
pensation    and   damages   shall    he   governed   by  the   pro- 
visions of  ciiapter  ninety-two  of  the  Revised  Statute?,  en- 
titled "Right  ot  Way,"  and  appeals  allowed  in  the  same 
way  as  provided  therein. 

§  37.     The  first  precept  in  all  cases  shall  be  a  summons  Process, 
unless  oath  be  made  for  a  warrant  as  in  other  cases,  and 
up  >n  all  judgments  executions  may  issue  fortiiwith  unless 
appeals  be  taken  on  the  day  of  the  rendering  of  judgment. 

§  38.  In  all  actions  before  the  mayor  to  recover  any 
penalty  or  forfeiture  incurred  under  this  act,  or  the  ordi-  stiits,         how 

!•  !•  A\  f    •.      t      11     brought. 

nances  or  regulations  made  in  pursuance  thereor,  it  siiall 
be  lawful  to  sue  in  debt  for  such  forfeiture  or  penalty,  sta- 
ting the  clause  of  this  act,  or  the  law  or  ordinance  under 
which  the  forfeiture  is  claimed  in  the  account  filed  and  to 
give  special  matter  in  evidence  under  it.  No  cost  bond 
need  be  filed  and  no  other  pleading  but  an  account  made 
out  and  filed  for  the  amount  in  the  form  of  an  account 
due    the  city  of  Jonesboro. 

§  ?>[K  No  person  shall  be  incompetent  as  judge,  justice 
of  the  peace,  witness,  mayor  or  luror  by  reason  of  his  be- 
ing an  inhabitant  or  freeholder  of  the  city  in  actions  where 
the  city  is  a  party. 

§  40.     All  officers  of  said  city  are  hereby  created  con-  omc^rt   to    b« 
servators  ot  the  peace,  and  sliall  have  power  to  arrest  or   lue peace. 
cause  to  be  arrested,  with  or  without  process,  all  persons 
who  shall  threaten  to  break  the  peace  or  who  shall  be  con- 


wh't; 


1S3T.  SO 

ductint;  themselves  in  a  noi>y  or  riotous  manner,  commit 
them  lor  examinatian  cr  detain  tliem  in  custody  in  a  com- 
mon jail  over  night,  and  exercise  all  other  power  as  con- 
servators ot"  the  peace,  usually  exercised  by  conservators 
of  the  peace  in  this  static. 

r.'  .  r  for  r«.      ^  41.     Any  person  elected  to  any  office  in  said  city  re- 
c'e^u^to  fusing  or  neglecting  to  qualify  and  serve  as  such  olficer 
unless  prevented  by  removal  or  bodily  iiifir-nity,  shall  for- 
feit and  pay  to  the  city  tlie  sum  of  twenty-five  dollars. 

ipiw»"4  to  bo  ^  4-.  Appeals  shall  be  allowed  in  all  cases  under  the 
provisions  of  this  act  to  the  circuit  court  of  Union  county, 
if  prayed  for  and  perfected  on  the  day  of  rendition  of  judg- 
ment, in  the  same  way  tliat  appeals  arc  allowed  from  jus- 
tices of  the  peace,  and  the  trials  thereof  to  be  governed  in 
all  respects  as  trials  from  justices  of  the  peace  in  said 
courts  under  the  laws  of  this  state. 

la  OS*,  roiror  X  4:).  In  allcases  wheii  the  mayor  shall  absent  himself, 
remam  Irom  tlie  city,  resign  or  die  or  lus  olnce  be  otlier- 
wise  vacated  than  by  expiration  of  his  term  of  office,  the 

AMfrraon    as?  board  of  aldermen  shall   forthwith    appoint    one  of  their 

'*'^^"'  number  who  shall  take  the  oath  of  office  and  exercise  all 

tlie  powers  of  mayor  until  n  successor  shall  be  elected  and 
qualified,  and  the  order  on  the  records  of  the  city  aj)point- 
iiig  iiim  such  mayor,  or  a  duly  certified  copy  thereof,  under 
the  seal  of  the  corporation,  shall  be  evidence  of  Ids  official 
capacity  to  act  in  all  respects  as  such  mayor  until  the  elec- 
tion and  qualification  of  his  successor  under  the  provisions 
of  this  act. 

§   41.     This  act  is  hereby   declared  a  public   act,  and 
shall  be  taken  in  evidence  in  all  courts  of  law  and  equity 
within  the  state  without  further  proof,  and  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 
Approved  J.in.  2S,  lb57. 


In  lofc'-J/an,  58,  AN  ACT  for  tho  relief  of  James  M.  SnccJ. 

man. 

Section  1.     lie  it  cnuclcd  hi/  the  people  of  the  state  oj 

lUivnvi^  rrjire.ii  uttd  in  the  (hnrnil  Jlssenihhj^  That  James 

itmm  u.*tf*i  1,1   Snce  i,  of  Hamilton  county,  be  and   he  i.^   hereby  rcin- 
tmnatmX  tuuii-  ,  ,\~   ,,  1  11  1  •  I'll  •    -1 

stated  and  fully  restored  to  all  his  ongnial  rights,  privileges 

and  immunities,  notwithstanding  any  conviction  or  proceed- 
ing in  any  court  or  place  of  jurisdiction  against  or  concern- 
ing him,  and  that  hereafter  tlie  said  James  M.  Sneed  shall 
be  entitled  to  all  th<-  rights,  privileges  and  immunities  of  a 
citizen  of  this  Ftate,  as  fully  as  tliongh  no  such  conviction 
or  proceeding  had  been  tak<n  or  instituted  against  him. 

§  J.  This  act  to  take  cfTect  and  be  in  force  from  and 
after  itJ  paiiage. 

ArrAovsD  Jan.  28,  ISlJl, 


81  1857. 


AN  ACT 

to  inco 
1855. 


r  to  repc.il  sections  spvpti  and  nine  of  the   act  entitled  "An  act  tn  force  Jan.  88 
rporate  the  Spriugdale  Cemetery  Association,"  aj>j)ioved  Feb.  14,  1867. 


Sfction  1.  Be.  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  ill  the  General  *(/ssemf)/i/j  That  sec- 
tions numbered  seven  (7)  and  nine  (0,)  of  the  act  entitled  ^^f*;'*'"  mcUom 

I         CI       •         I     1       /-I  ±  1  .        of    an    act    r«. 

*'An  act  to  incorporate  the  bpringrale  Cemetery  Associ-   pcaicj. 
tion,"  a|)proved  Feb.  14,  1855,  be  and  they  are  liereby 
repealed. 

^  2.  Tliis  act  is  hereby  declared  to  be  a  public  act, 
and  shall  be  In  force  from  and  after  its  passage. 

ArpRovED  Jan.  28,  1857. 


AN  ACTfortherclief  of  the  heirs  and  assiKnceg  of  John  "Wilson,  deceased,  in  force  Jan  w, 

1867. 

Whereas  the  rights,  franchises  and  privileges  granted  and  Preamble, 
secured  to  John  Wilson  by  an  act  entitled  "An  act  for 
the  relief  of  John  Wilson,"  approved  February  2d,  1840, 
and  by  the  act  which  is  extended  and  renewed  by  said 
entitled  act,  have  vested  in  and  are  now  owned  by  John 
W.  Spencer  and  Thomas  J.  Robinson,  of  Rock  Island, 
Illinois,  and  James  Grant,  of  Davenport,  Iowa;  there- 
fore. 

Section.   1.     Be  it  enacted  by  the  people  of  the  state  oj 
Illiuuis,   represented  in   the  General  Assembly ^^\v^\.  the  I'^o^'^on'o'eor- 
provisions  of  the  said  acts,  mentioned  and  referred  to  in  the   uretothpbene- 
preamble  hereof,  and  of  each  of  them,  shall  be  applicable    apcncc^'''".^ 
to  and  inure  to    the   benefit  of  the  said  John  W.  Spen-   others. 
cer,  Thomas  J.  Robinson  and  James  Grant,  their  heirs, 
associates   and  assigns,  for  and  during  the  period  in  said 
acts,  or  in    either  of  them,  named  and  remaining  unex- 
pired :  Provided^  that  this  section  shall  not  be  construed  Proviso. 
to  divest  or  interfere  with  the  rights  of  any  other  person 
or  persons  claiming  under  the  said  John  Wilson  or  under 
tlie  arts  aforesaid,  if  any  such  exist. 

§  2.  That  the  said  John  W.  Spencer,  Thomas  J.  Rob-  T'^^^p  ^r^Arm 
inson  and  James  Grant,  their  heirs,  associates  and  assigns, 
aliall  have  the  sole  and  exclusive  right,  for  and  during  the 
period  of  time  mentioned  and  referred  to  in  the  first  eec- 
tion  hereof,  t!iat  is  to  say,  until  the  twenty-sixtii  day  of 
February,  A.  D.  one  thousand  eight  hundred  and  sixty- 
one,  and  for  the  teim  often  years  next  thereafter,  to  keep 
and  run  a  ferry  or  ferries  across  tiie  Mississippi  river,  be- 
tween the  cities  of  Rock  Island,  lUinoi"^,  and  Davenport, 
Iowa,  and  t>  land  their  boats,  belonging  to  said  ferry,  at 
any  point  or  points  on  the  public  landing  at  laid  city  of 
—28 


1357.  82 

Rock  li^land,  and  to  clunge  their  landing;  from  place  to 
place,  witiiiii  the   limits  of  said  city,   as  necessity  or   the 

rnwiM.  public    convenience   may  require  :   Providal,  that  one  of 

said  landing  points  shall  be  kept  between  Buflalo  and  Madi- 
son streets,  in  said  [city  ot  ]  Rock  Island. 

tv.  keep  niiubu      ^  o.     The  Said  named    John  W.   Spencer,  Thomas  J. 

*■•'•  Robinson  and  James   Grant,   their    heirs,  associates   and 

assigns,  shall  at  all  times  keep  on  hand  a  sufficient  number 
of  suitable  and  sufficient  boats  to  alVord  a  safe  and  speedy 
passage  to  persons,  with  their  teams,  stock,  carriages  or 
other  property,  and  for  freight,  with  a  sutficient  number  of 
competent  hands  present,  at  all  reasonable  and  customary 
hours  and  times,  to  man  the  said  boats. 

••uoftoii.  §  4.  The  said  John  W.  Spencer,  Thomas  J.  Robinson  and 

James  Grant,  their  heirs,  associates  and  assigns,  shall  be 
entitled  to  demand  and  receive  such  rates  of  ferriage  as 
are  now  established  and  allowed  them  by  the  county  court 
of  Rock  I«land  couni)-. 

T*  p«r  U)  Khowi       §  ;').     That  for  the  privileges  herein  granted  the  said 

^nd^in  i.cu  or  j^jjjj^  YV.  Spencer,  Thomas  J.  Robinson  and  James  Grant, 
their  heirs,  associates  and  assigns,  shall  pay  to  the  school 
treasurer  of  the  township  in  which  the  city  of  Rock  Island 
is  situated  the  sum  of  five  hundred  dollars  per  year,  during 
the  period  of  ten  years  last  aforesaid,  for  the  use  of  schools 
in  said  township,  to  be  expended  in  like  manner  as  other 
school  funds  of  the  township,  and  which  sum  shall  be  iu 
lieu  of  all  taxes,  assessments  or  charges  for  wharfage,  by 
said  city,  against  tfie  said  ferry  franchise. 

rraaehite  m«r  §  ''•  The  franchises  and  privileges  granted  by  this  ac- 
Mr^okwi.  jjj^y  ^g  revrked  by  the  circuit  couri  ol  Rock  Island  coun- 
ty, upon  complaint,  by  information,  in  the  nature  of  a  (pw 
tj  arrantoy  in  cuse  the  said  John  W.  Spencer,  Thomus  J. 
Roainson  and  James  Grant,  their  heirs,  associates  or  as- 
signs, shall  willfully,  and  without  lawful  excuse,  fail  to 
comply  with  the  requirements  of  this  act. 
Approved  Jan.  28,  IboT. 


ifwwiaa.  n,  AN  ACT  to  incorportle  lb«  Merchants' Savings,  Loan  and  Trust  Oota- 
UtT.  pariy. 

StCTioN  1 .  Fir  it  nuictcd  hy  the  ])Pi)plr  of  the  state  of  llti- 
noil,  rrjjrrsentet/tnt/ie  (irneral  Jlssembli/y  That  William  B. 
r»  Ogd^n,  F.  JJ.  (.'oolf-y,  N.  R.  Wilder,  Henry  Farnham,  Sanv 
u»-l  R.  Officer,  John  Ilight,  jr.,  Krastus  S.  Williams,  Ilenry 
W.  Hinsdale,  John  W.  Stanly,  John  R.  Rahcock,  Ch«i. 
Hitchcock,  D.  R.  Holt,  R.  W.  Officer,  and  their  assocv^U?* 


83  1857. 

and  successors,  and  all  such  persons  as  sliall  become  stock- 
holders in  tije  company  hereby  created,  shall  be  a  body 
politic  and  corporate,  by  the  name  and  style  of  "The  Mer-  '^•°"' 
chants'  Savings,  lioan  and  Trust  Company,"  and  shall 
have  succession,  a  common  seal,  with  power  to  plead  and 
be  impleaded,  to  appoint  all  necessary  servants  and  as- 
sistants, and  may  have,  enjoy  and  exercise  all  the  powers  ^'^°"'^- 
necessary  to  carry  out  and  execute  the  purposes  and  in- 
tent of  a  savings,  loan  and  trust  compan}'. 

§  2.  The  capital  of  the  said  company  shall  be  five  c*?*'"'  i^*^- 
hundred  thousand  dollars,  with  liberty  to  increase  the 
same  to  two  millions  of  dollars,  to  be  subscribed  and  paid 
for  in  the  manner  hereinafter  provided,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  which  shall  be  deem-  . 
ed  personal  property,  and  shall  be  transferable  on  the 
books  of  the  said  company  in  such  manner  as  its  by-laws 
may  prescribe. 

§  8.     The  said  company  shall  have  power  to  borrow  mo-  ^,^Jy^l"^  ^' 
ney  or  receive  money  on  deposit,  and  pay  interest  thereon,    iiJO»ame. 
and  to  loan  the  said  money  at  any  rate  of  interest,  not  ex- 
ceeding that  now  allowed  by  law  to  individuals,  (or  to 
discount,  in  accordance  with  bank  usage,  and  in  the  com- 
pulation of  time   thirty  days  shall  be  a  month  and  twelve 
months  a  year,)  taking  such  security  therefor,  either  real 
or  personal  as  the  trustees  or  managers  of  said  corpora- 
tion may  deem  sufficient;  may   buy  and   sell  exchange,  Bschun«e. 
bills,  notes,  bonds  or  other  securities  ;  may  have  and  hold 
coin  and  bullion  ;  may  accept  and  execute  all  such  trusts, 
whether  fiduciary  or  otherwise,  as  shall  or  may  be  com- 
mitted to  it  by  any  person  or  persons,  or  by  the  order  and 
direction  of  any  court  or  tribunal,  or  other  legally  consti- 
tuted authority  of  the  state  of  Illinois  ;  may  make  such 
special  regulations,  in   refet'ence  to  trust  funJs,  deposits 
or  savings,  left  for  accumulation  or  safe  keeping,  as  shall  *""^ 
best  aid  the  said    depositors  or  parties  interested,  by  ac- 
cumulating or  increasing  the  same,   allowing  and  receiv- 
ing such  interest  therefor,  not  greater  than  that  hereinbe- 
fore specified,  as  may  be  agreed  on;  may  grant  and  pur- 
chase annuities,  issue  letters  of  credit  and  other  commer- 
cial obligations,  provided  the  same  shall  not  be  in  the  sim-  km  t.> mw bw* 
Ilitude  of  bank  notes  or  other  evidences  of  debt,  designed    "'''*'■ 
to  circulate  as  money. 

§  4.  It  shall  be  lawful  for  the  company  hereby  incor-  M»y  hoid  rwi  ••- 
porated  to  purchase  and  hold  such  real  estate  as  may  be 
convenient  for  the  transaction  of  its  business,  and  to  take 
end  hold  any  real  estate,  in  trust  or  otherwise,  as  security 
for  or  in  payment  of  loans  and  debts  due  or  to  become 
due  to  the  said  company  ;  to  purchase  real  estate  at  any 
iale  made  in  virtue  of  any  loan,  debt  or  mortgage  made 
io  or  held  by  the  said  company,  and  to  receive  and  take 


IS.'T.  84 

in  satisf.iction  of  any  such  loan  or  debts  any  real  estate, 
and  to  liold  or  convey  the  same. 

TraMM^  ^   -,_     Tilt'  affairs  of  this  coinpr\ny  shall  be  managed  by 

n  board  of  trustees  of  at  least  nine,  wlio  shall  be  stt  ck- 
holders  in  the  company  to  the  extent  of  at  least  ten  thou- 

mw.c  ct.  sand  dollars  e;  ch.  Such  election  shall  take  })lace  by  tlic 
st'ckholders  when  one  hundred  thousand  dollars  shall 
have  been  subscribed  and  five  ]ur  cent,  paid  thereon. 
Any  three  of  the  corporators  herein  named  shall  be  coin- 

e»w  N)«k«.  inissioners  to  open  books  for  subscription,  which  shall  be 
dore  within  nin«*ty  days  from  and  niter  the  passage  of  this 
act.  The  money  so  received  by  the  commissioners  shall 
be  paid  over  to  the  trustees,  when  elected.     The  trustees 

r*^  i;-f'.'or-.  shall  elect  a  ])resident,  from  their  own  body,  antiually  ; 
*^».*"*^'  "  make  and  execute  sucli  by-laws  as  may  be  convenient  and 
necessary  for  the  proper  prosecution  of  the  business  of  the 
company,  rot  inconsistent  with  this  act  or  with  the  laws 
of  this  state  or  of  tie  United  States;  but  no  by-laws  of 
this  corporci'ion  shall  be  ])assed  without  the  consent  ol  a  ma- 
jority of  tlip  trustees;  and  all  the  acts  of  the  duly  appointed 
officers  and  agents  of  this  company,  done  and  performed  un- 
der authority  of  the  by-laws,  shall  be  binding  on  tlie  com- 
pany. 

««ttop«,  wb*n  ^  {\  -piie  election  for  trustees  of  this  company  shall 
moa^-xti.  be  held,  annually,  at  the  office  of  the  company,  and  the 
board  sliall  give  at  least  ten  days'  notice  thereof  to  the 
stockholders  in  such  manner  as  they  may  determine. 
Every  election  for  trustees  shall  be  by  ballot,  and  the 
name  and  number  of  each  stockliolder  \oting  shall  be  in- 
dorsed on  llip  ballot,  and  a  plurality  of  votes  shall  elect. 
Every  stockholdt-r  shall  be  entitled  to  one  vote  for  every 
share  of  capital  stock  standing  in  his  or  their  name  on  the 
books  of  the  comjiany,  and  he  may  vote  in  person  or  by 
proxy.  Any  omis-sion  or  failure  to  elect  trustees  shall  not 
impair  in  anywise  the  rights  of  stockholders,  depositors  or 
others  interested. 

Ai4iuiiiJt  e.::.  ^  7  Within  sixty  days  after  the  election  of  the  first  board 
of  trustee*,  as  provided  for  in  section  five  of  tliis  act,  the 
board  oftnistcesshallcal!  in  an  additional  sum  of  fifteendol- 
lar!»  per  share  on  each  share  of  said  stock,  to  be  paid  at 
such  time  and  place  as  the  trustees  .shall  nj)point,  on  due  no- 

r.r«fo*f«i->-'.  tire  to  said  iiibscribers.  The  shire-*  of  every  stockholder 
omittitig  to  make  se.oh  payment  shall  be  forfeited,  together 
with  all  previous  payments  made  thereon.  After  the  pay- 
ment of  five  dollar"?  per  share  on  the  amount  subscribed, 
bft  provided  in  the  foregoing  flection,  the  said  company 
nhail  be  ron.tidered  fully  organi-.j-d  ;  and  afier  thf.  pay- 
mrnt  of  fifteen  dollar"  pr-r  nhare  on  the  whole  numbrr  of 
five  tlioiisand  shares  of  rapital  stock  <>(  tliis  conij)any, 
making  tip  (ho  whole  amount  of  one  hundred  thousand 
dollars  actually  paid  in,  the  company  may  commence  iti 


85  1857. 

business,  in  tlie  full  enjoyment  of  tlie  privileges  of  this  '''•^''^^  <>'   ''***'■ 
charter,  at  such  place  in  the  city  of  Chicago  as  the  said 
board  of  trustees  shall  direct. 

§  8.  The  board  of  trustees  shall  iiave  power  to  cull  for  if  payment  i»n<.i 
the  payment  of  the  balance  due  on  the  subscriptions  to  the  "u'^id!' ^""^^ 
stock  of  this  company  at  such  times  as  they  may  deem 
proper;  and  intheevent  of  the  nonpayment  of  the  balance 
due  by  any  stockholder  on  his  stock,  within  Sixty  day?  af- 
ter due  notice,  it  shall  be  lawful  for  the  trustees,  at  their 
option,  to  enforce  such  payment,  or  to  sell,  by  public  auc- 
tion, to  the  best  advantage,  the  amount  of  stock  standing 
in  the  name  of  the  said  nonpaying  stockholder,  to  any  per- 
son or  persons  ;  and  the  proceeds  of  said  sale  shall  be  paid 
over  to  said  nonpaying  stockholder,  who  shall  thereupcm 
cease  to  be  ;i  stockholder  in  this  company  ;  and  the  pur- 
chaser or  purchasers  of  said  shares  of  stock  shall  have  and 
enjoy  all  tlie  privileges  and  profits  accruing  or  accrued  to 
the  said  sliares  of  stock,  and  become  liable  for  the  pay- 
ment of  all  calls  then  due  or  thereafter  made  on  said  shares 
of  stock. 

§  9.  The  board  of  trustees  shall  have  the  power  to  de-  i>i^'<'«""i«- 
clare  dividends  on  the  stock  of  the  said  company,  from 
time  to  time,  and  at  any  time  after  the  accumulation  of 
profits  of  said  company  shall  exceed  five  per  cent,  on  the 
amount  of  capital  actually  paid  in,  provided  said  dividends 
do  not  reduce  the  surplus  of  profits  of  the.  coni[)any  below 
five  per  cent,  on  the  amount  of  capital  actually  paid  in  ; 
but  in  no  case  shall  the  amount  of  any  dividend  be  paid 
over  to  any  stockholder  on  his  or  their  stock  until  the 
amount  of  fifty  dollars  per  share  has  been  paid  into  the 
said  company. 

§  10.  At  any  time  after  the  full  payment  of  the  original  ^ZTl^inc'^ 
capital  of  five  hundred  thousand  dollars  into  the  company,  ^a. 
as  hereinbefore  provided,  the  board  of  trustees  may  in- 
crease the  ca[)ital  of  the  company  to  tlie  amoant  limited, 
or  any  part  thereof,  in  shares  of  one  hundred  dollars  each, 
in  such  manner  as  thejmay  deem  proper;  and  said  im;)  eased 
Block  shall  be  subject  to  all  the  liabilities,  inimiinities  and 
privileges  of  the  original  stock,  as  provided  in  this  act. 
Stockholders  shall  have  the  option  of  subscribing  to  such 
increased  stock,  pro  rata^  within  such  time  as  the  trus- 
tees may  limit  ;  of  which  due  notice  is  to  be  givin. 

§  11.     This  corporation  shall  exist  for  the  full  term  of^i'/J^J"  *• 
fifty  years  next  succeeding  the  first  day  of  March,  A.  D. 
1857,  and  shall  be  entitled  to  use  all  its  corporate  jiowers, 
rights  and  privileges  for  the  period  of  two  years  thereafter, 
for  the  sole  purpose  of  closing  up  its  affairs  and  none  other. 

6   12.     Tiiat  any  real  estate  acquired  in  fee  by  this  cor-  v.<'^\       muk, 
porationand  not  held  m  trust  or  as  security, otiier  tlian  wliat 
shall  be  necessary  for  the  convenient  use  of  the  same  for 


SiMkMldcn 


86 

the  transaction  of  its  business,  shall  not  be  held  by  the 
said  corporation  longer  than  five  years,  and  shall,  within 
that  time,  be  sold  and  conveyed,  either  at  public  or  pri- 
vate sale,  so  as  to  divest  the  said  corporation  of  the  title 
to  and  fee  in  the  same. 

§  li).  The  stockholders  in  this  corporation  shall  be 
holden  to  the  creilitors  thereof  for  tlie  amount  of  (he  capi- 
tal stock  each  shall  hold  in  the  same. 

^  14.  This  act  shall  take  eflect  and  be  in  force  from 
and  after  its  passage. 

Approvkd  Jan.  iI8,  1867. 


!■  forv-*  J»n.  39,  A.V  ACT  to  change  the  name  of  Emporium  City,  in  Tulaaki  county,  to 
***"•  that  of  Mound  City,  and  to  incorporate  the  eanic. 

Fr««nbie.  Whereas   Emporium  City  and   Mound  City,  in  Pulaski 

county,  state  of  Illinois,  have  each  had  a  plat  of  the  re- 
spective cities  duly  and  legally  recorded  in  said  county, 
and  said  plats  lie  adjacent  and  contiguous  to  each  other, 
and  the  citizens  of  the  respective  places  being  desirous 
that  the  two  cities  should  be  merged  into  one,  and  be 
known  as  Mound  City  ;  therefore, 

Section  1 .  Be  it  enacted  by  tlie  people  of  the  state  of  III i- 
nni<i,  reprrseJitr/i  in  the  (ieneral  %'?sse)nl)h/,  That  the  cities 
Mova^c.tr.  of  Emporium  and  Mound  City,  in  Pulaski  county,  Illinois, 
be  merged  into  one  city,  and  he  culled  and  known  here- 
after by  the  name  of ''Mound  City;"  and  that  all  business 
heretofore  done  and  transacted  in  the  name  of  Emporium 
City  shall  hereafter  be  recognized  and  legalized  as  though 
the  same  had  been  done  and  recorded  in  that  name. 
i»«rpor»t:(«>.  ^  2.      lir  it  further  eiKirtid,  Tint   the  inhabitants  of  the 

said  Mound  City,  in  said  comity  f>f  Pula'^ki,  and  of  the  ad- 
ditional territory  embraced  within  the  boundaries  men- 
tioncMl  in  the  following  sec'ion,  be  and  the  same  are  hereby 
consiiliited  a  bof!y  politic  and  corporate,  by  the  name  and 
style  of  "The  .Mayor  and  Counrilrnen  of  Mound  City,"  and 
by  that  name  and  style  have-  perpetual  succession,  and  may 
have  a  common  seal,  and  may  alter  the  same  at  pleasure. 
■  MtvdArttM.  ^  ?,.     lie  it  fiirtlur   enacted^   That   all   that  district  of 

country  embraced  withiti  the  following  boundares,  to  wit: 
fractional  section  thirty-six  ('*''',)  tin-  southeast  rjiiarlerof 
fractional  section  twinty-fp'e  (^-o,)  in  township  sixteen  (1(5) 
south,  of  range  one  west  of  the  third  princijial  meridian, 
and  fractional  section  thirty  (;i'>,)  and  tlie  east  half  of  frac- 
tional section  nineteen  (I'S)  in  township  sixteen  (16) 
fouth,  of  range  one  east  of  tlie  third  principal   meridian, 


87  1857. 

lying  in  Pulaski  county;  also,  fractional  section  one  and  the 
east  half  of  section  two,  in  township  seventeen  soutii,  of 
range  one  west  of  the  third  princij)al  meridian,  lying  and 
being  in  Alexander  county,  and  such  other  lands  adjoining 
as  may  hereafter  be  laid  otl'  into  the  city  and  be  duly  and 
legally  recorded,  not  to  exceed  ten  miles  square,  shall  form 
a  part  of  Mound  City. 

§  4.  The  inhabitants  of  Mound  City,  by  the  name  and  po^"""  "t  c^rpo- 
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,  both  real  and  per- 
sonal, in  said  city,  and  for  burial  grounds  as  well  as  for 
other  public  purposes  for  the  use  and  bentht  of  the  inhabi- 
tants of  Mound  City;  to  purchase,  hold  and  receive  pro  • 
perty,  both  real  and  personal,  beyond  the  citylimi!s;  to 
sell,  lease,  convey  or  dispose  of  property,  real  and  personal, 
for  the  benefit  of  the  city  ;  to  improve  and  protect  such 
property,  and  to  do  all  other  things  in  relation  tliereto  as 
natural  persons  can  do. 

§  5.     The  chief  executive  officers  of  the  city  shall  con-  Mayoi  anj  •ouc- 
sist  of  a  mayor  and  six  councilmen,  who  sliall  be  elected    '^^'' 
by  the   qualified  voters  of  the   city,   and   shall  hold   their 
offices   for  one  year  and   until   their  successors  shall  be 
elected  and  qualified. 

§  6.  Tlie  first  election  for  the  above  named  officers  shall  EieciioDof. 
take  place  in  said  city  on  the  first  Saturday  succeeding  the 
first  Thursday  in  June,  A.  D.  1857,  and  at  the  same  day  of  the 
same  month  in  every  succeeding  year,  or  at  such  other  time 
as  may  be  designated  by  the  by-laws  of  the  city ;  but  until 
the  first  election  aforesaid  Moses  B.  Harroll  is  hereby  con- 
stituted mayor,  and  Francis  M.  Rawlings,  John  Givin, 
Andrew  J.  ^liller,  Jeremiah  Griswold,  James  Holmes  and 
Joseph  C.  Worthington,  are  hereby  constituted  council- 
men  ;  all  of  whom  shall  hold  their  respective  offices  until 
tbeir  successors  are  duly  elected  and  qualified. 

§  7.     After  the  first  election  no  person  sliall  be  eligible  KiiKibiihy     •r 
to  hold  any  of  the  offices   aforesaid  who   shall   not  be  at   ''''^"''"• 
least  twenty-five  years  of  age  at  the  time  of  the  election, 
and  who  has  been  a  citizen  of  said  city  at  least  six  months 
before  the  election,  and  possesses  the  qualification  of  legal 
voters,  as  hereafter  set  forth. 

§8.     All  free   white   male  citizens,  above  the   age   of  who  m8>  vwi».j 
twenty-one  years,  who  have   resided  in  said  city  at  least 
three  months  next  preceding  tlie  election,  shall  be  entitled 
to  vote  for  city  officers  and  at  any  other  city  election. 

§  0.     If  the  mayor  or  any  councilman  shall,  at  any  time  ome,  wj,en««i- 
during  the  period  for  which  he  was  elected,  remove  from  *"'<^'<^^»"'*^- 
the  city,  his  office  shall  be  vacated  ;  and  if  at  any  time  any 
of  the  offices  aforesaid  shall  be  vacated  by  deatli,  resigna- 


1857. 


88 


^»jnr-' 


r«««ro(  council. 


K«ep  icc\>ru. 
OftUi  of  (.See. 


m**^r~i   AUvl  C'.l- 


,cr  oCl- 


Mar         nv)<]ir« 
t>>M«       to     t« 


tion,  removal  or  otherwise,  llien  the  remaining  officers 
shall  proceed  forthwith  to  appoint  officers  to  fill  such  va- 
cancies during  the  remainuig  portion  of  the  term  for  which 
thoy  were  elected. 

^  10.  Tlie  city  council  shall  JTidge  of  the  qualifications, 
eUctions  and  returns  of  their  members,  and  of  the  election 
of  mayor,  and  shall  dtcide  all  contested  elections. 

§  11.  A  majority  of  the  city  council  shall  constitute  a 
quorum  to  do  business;  a  smaller  number  may  adjourn 
from  day  to  day  and  compel  t!ie  attendance  of  absent  mem- 
bers, uiuler  such  penalties  as  may  be  prescribed  by  ordi- 
nance or  by-law. 

§  1:2.  The  city  council  shall  have  power  to  determine 
the  rules  of  its  proceedings,  to  punish  its  members  for  dis- 
orderly conduct,  and,  with  the  concurrence  of  two-thirds 
of  its  members,  expel  a  member. 

§  lo.  The  city  council  shall  keep  a  journal  of  its  pro- 
ceedings. 

§  14.  The  mayor  and  councilraen  shall,  each,  before 
enterirg  upon  the  duties  of  his  office,  take  the  following 
oath  or  affirmation:  "That  they  will  (each)  support  the 
constitution  of  the  United  States  and  of  this  state,  and  that 
they  will  well  and  truly  perlorm  the  duties  of  their  offices 
to  the  best  of  their  skill  and   ability." 

^15.  Tiie  mayor  and  city  council  shall  have  and  are 
hereby  invested  with  full  power  and  authority  to  levy  and 
Collect  taxes  upon  all  projierty,  real  and  personal,  within 
the  limits  of  the  city,  and  may  enforce  the  collection  of  the 
same,  in  any  manner,  to  be  prescribed  by  ordinance,  not 
repui^nant  to  the  constitution  ol  the  Uj)iled  States  and  of 
this  st^te. 

§  I'J.  The  city  council  shall  have  power  to  ajjpoint  a 
clerk,  treasurer,  assessor,  marshal,  super\  isor  of  streets 
and  alleys  and  all  such  other  oincers  as  they  may  deem 
necessary  for  the  welfare  of  said  city. 

§  17.  The  city  council  shall  have  power  to  require  of 
ftll  officers  they  may  deem  necessay  to  execute  bonds  for 
the  faithful  performance  of  such  duties  as  may  devolve 
upon  them. 

§  1-.  The  city  council  shall  have  power  to  appro))riate 
moH'-'y  and  provide  for  the  payment  of  the  debts  and  ex- 
penses of  ihe  city  ;  to  make  all  necessary  regulations  in 
reference  to  the  licalth  and  the  comfort  of  the  inhabitants  ; 
to  provide  the  city  with  water;  t(i  open,  alter,  abolish, 
widen,  extetid,  establish,  grade,  pave  or  otherwise  im- 
prove and  keep  in  rej)air  streets,  avenues,  lanes,  alleys, 
&,c.;  to  cstabli.'ili  and  k(,'ej)  in  re.pair  britlges  ;  to  erect 
market  houses  ;  to  govern,  regulate  and  control  auc- 
tioneers, merchantfi,  retailers,  grocers,  taverns,  ordina- 
rie.a,  hawker?',  pedlers,  brokers,  pawnbrokers,  money 
changers,  hackney   carriages,   wagons,   carts,  drays  j  fix 


89  1857. 

rates  for  the  carriage  of  persons  and  freiglit;  license  and 
regulate  porters,  and  fix  the  rates  of  porterage  ;  license, 
tax  and  regulate  t|ieatrical  and  otiier  exhibitions,  shows 
and  amusements  ;  tax,  restrain  and  suppress  tippling  houses, 
dram  shops,  and  gaming  houses,  and  bawdy  atid  other  dis- 
orderly h'juses  ;  to  establish  standard  weights  and  meas- 
ures of  the  city;  to  provide  for  the  inspection  and  meas- 
uring of  lumber  and  other  building  materials,  and  for  the 
measurement  of  all  kinds  of  mechanical  work  ;  to  provide 
for  the  inspection  and  weighing  of  iiay  and  stonecoal ;  to 
provide  for  t'le  inspection  and  measuring  of  firewood  and 
other  fuel  used  in  the  city  ;  to  provide  for  and  regulate  the 
inspection  of  tobacco,  beef,  pork,  Hour,  meal  and  whisky; 
to  regulate  the  inspection  of  butter,  lard  and  other  provi- 
sions, d^  may  be  deemed  necessary  and  useful  for  the  city  ; 
to  regulate  the  election  of  city  officers,  and  fix  the  com- 
pensation thereof;  to  regulate  the  fees  of  jurors,  witnesses 
And  others,  for  services  rendered  ;  to  regulate  and  govern 
the  police  of  ihe  city  ;  to  impose  fines  and  forfeitures  and 
penalties  for  the  breach  of  any  ordinance,  and  provile  for 
Die  recovery  and  appropriation  of  such  fines  and  forfeitures 
and  for  the  enforcement  of  such  penalties. 

§  lU.  The  city  council  shall  liave  exclusive  power,  ordinanew. 
within  the  city,  to  make  all  ordinances  which  shall  be 
necessary  and  proper  for  carrying  into  execution  the  pow- 
ers specified  in  this  act,  so  that  such  ordinance  be  not  re- 
pugnant to  nor  inconsistent  with  the  constitution  of  the 
United  States  nor  of  tliis  state. 

^  20>     The  style  of  the  ordinances  of  the  city  shall  be:  style  of. 
"jffe  a  enacted  hxj  Ihe  council  of  Mound  City. 

§  21.     All  ordinances  passed  by  the  city  council  shall  be  Toie  puuiuhed. 
published  in  some  newspaper  in  Mound  City,  or  in  the  ab- 
sence of  such  newspaper  then  to  be  posted  up  in  writing 
in  at  least  three  public  places  in  said  city. 

§  22.     The  mayor  shall  preside   at  all  meetings  of  the  Meeting  of  eoa»- 
city  council,  and  shall  have  a  casting  vote,  and  no  other ; 
and  in  case  of  his  ab'Jence  the  council  shall  appoint  one  of 
tlieir  own  body  as  chairman /??'«  ttm. 

§  23.  The  mayor  is  hereby  authorized  to  call  on  every  •pcn^i  pow»»« 
white  male  citizen,  over  the  age  of  eighteen  }ears,  to  aid  "  ™*^°^" 
in  eni'orcing  the  laws  and  ordinances  of  the  city,  and  in 
case  of  riot  to  call  out  the  militia,  to  aid  in  suppressing  the 
same  ;  and  any  person  who  shall  not  obey  such  call  shall 
forfeit  to  the  city  a  fine,  not  exceeding  one  hundred  dol- 
lars. He  shall  be  commissioned  by  the  governor  as  a 
justice  of  the  peace,  and  shall  have  power  and  authority 
to  adTninister  oaths,  issue  writs  and  process,  under  the 
seal  of  the  city ;  to  take  depositions,  acknowledi^ments 
of  deeds,  mortgages  and  all  other  instruments  of  writing, 
and   certify  the  same,  under  the  seal  of  the  city,  which 


1857. 


90 


Salary  ot  nufor. 


•iTMU. 


l>—iywi,      how 


•Aid*  ioiiue^t. 


9r«ci«l  Ui. 


AkxU*. 


shall  be  good  and  valid  in  law;  and  he  shall  receive  the 
same  fees  and  compensation,  for  the  above  described  ser- 
vices as  other  officers  receive  by  law  in  this  state,  and 
the  same  shall  be  recoverable  and  collectable  in  the  same 
way. 

^  iI4.  Tiie  mayor  shall  receive  for  his  services  such 
salary  as  shall  be  fixed  by  an  ordinance  of  the  city. 

^  -•").  Wiien  it  shall  be  necessary  to  take  private  pro- 
perty for  opening,  widening  or  altering  any  public  street, 
avenue,  lane  or  alley,  the  city  shall  make  a  just  compen- 
sation therefor  to  the  person  whose  property  is  so  taken; 
and  if  tlie  amount  of  such  compensation  cannot  be  agreed 
upon  the  mayor  shall  cause  the  same  to  be  ascertainect  by 
a  jury  of  six  persons,  who  shall  be  disinterested  freeholders 
in  said  city. 

^  '2i't.  In  ascertaining  the  amount  of  compensation  to 
be  piad  for  property  taken  for  opening  or  widening,  or  al- 
tering any  street,  lane,  avenue  or  alley,  the  jury  shall  take 
into  consideration  the  benefit  as  well  as  the  injury  by  such 
openuig,  widening  or  altering  of  such  street,  lane,  avenue 
or  alley. 

§  27.  The  mayor  shall  have  power,  for  good  causes 
shown,  within  ten  days  after  any  inquest  shall  have  been 
returned  to  him  as  aforesaid,  to  set  the  .same  aside  and 
cause  a  new  inquest. 

§  -S.  At  the  reiiuest  of  two-thirds  of  the  owners  of 
property  on  any  street,  alley  or  lane,  the  city  council  shall 
liave  power  to  levy  and  collect  a  special  tax,  if  necessary, 
on  t  .e  holders  of  the  lots  on  said  street,  avenue,  alley  or 
lane,  or  any  part  thereof,  according  to  their  respective 
fronts,  for  the  purpose  of  paving  and  grading  the  side- 
walks and  streets. 

§  -1».  Appeal  shall  be  allowed  from  decisions  in  all 
cases  arising  under  the  ])rovisions  of  this  act  or  any  ordi- 
nance passed  in  pursuance  tlMr<'f)f,  to  the  circuit  court  of 
Pulaski  county  ;  and  every  such  appeal  shall  be  taken  and 
granted  in  the  same  manner  and  upon  the  same  terms  and 
with  like  efTt-ct  as  appeals  arc  taken  and  granted  by  jus- 
tices of  the  peace  to  the  circuit  court  under  the  laws  of 
this  state. 

§  oO.  This  act  is  hereby  declared  a  public  act,  to  be  in 
force  from  and  after  its  pass.igf,  and  may  be  read  in  evi- 
dence in  all  courts  of  law  and  equity,  in  this  state,  without 
proof. 

Approved  Jan.  21*,  1857.  • 


91  1857. 

AN  ACT  to  ameni  an  act  entitled  "An  act  to  authorize  John  Wood  to  In  force  jau.  i», 
lay  out  a  part  of  nortliwest  quarter  of  section  deven,  two  south,  nine  '^'''• 

west,  as  a  buryiuji  (ground,  and  to  convey  the  same,  or  a  part  thereof, 
to  the  mayor  or  aldermen  of  tlie  city  of  Quincy,  on  terms  to  be  mutually 
agreed  upon  between  the  parties,"  approved  January  16th,  1847. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
I/tinois,  represented  in  the  General  t/^ssenibli/^  Tliat  the 
said  John  Wood  be  and  he  is  hereby  authorized  to  survey,  Burying  growui. 
lay  out  and  appropriate  for  a  burying  ground  a  further 
portion  of  the  northwest  quarter  of  section  eleven,  in  town- 
ship two  south,  and  in  range  nine  west  of  the  fourth  prin- 
cipal meridian,  in  Adams  county,  adjoining  the  burying 
ground  heretofore  laid  out  by  him  on  said  quarter  section 
of  land,  under  the  name  of  "Woodland  Cemetery,"  and  as  Name  of. 
a  further  addition  thereto,  and  to  be  included  in  the  same, 
and  which  said  addition  shall  embrace  a  piece  of  land 
bounded  on  tlie  north  by  the  said  "Woodland  Cemetery," 
as  now  laid  out,  and  on  the  south  by  grounds  deeded  by 
the  said  John  Wood  to  the  city  of  Quincy,  for  hospital 
grounds,  and  on  the  east  by  Fifth  street,  and  on  the  west 
by  Front  street,  in  tlie  city  of  Quincy,  and  containing  four 
acres  and  sixty-five  hundredths  of  an  acre,  more  or  less. 

§  2.  That  the  second,  third  and  fourth  sections  of  the  certain Foctiong, 
said  act,  approved  the  IGth  day  of  January,  A.  D.  1847,  ''"^'pp''^- 
shall  apply  to  and  be  in  force  in  respect  to  the  grounds 
embraced  in  the  addition  to  "Woodland  Cemetery,"  au- 
tliorized  by  this  act,  in  all  respects  the  same  as  if  said 
grounds  had  been  embraced  in  the  addition  laid  out  under 
the  authority  of  the  said  original  act. 

Approved  Jan.  29, 1857. 


AN  ACT  authorizing  the  county  of  Winnebago  to  borrow  money.  la  force  Jan.  J9, 

1867. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
niinnisj  represented  in  the   General  Assembly^  Tiiat  the 
board  of  supervisors  of  the  county  of  Winnebago  be  and  supervisors  »n- 
they  are  hereby  authorized,  on  the  faith  and  pledge  of  said   ruTiy.'"'' 
county,  to  borrow  a  sum  of  money,  not  exceeding  the  sum 
of  fifty  thousand  dollars,  at  a  rate  of  interest  not  exceed- 
ing ten  per  cent,  per  annum,  for  a  term  not  exceeding  ten 
years,  and  therefor  to  issue  the  bonds  of  said  county,  under  imdc  tjondi. 
the  seal  of  said  county,  signed  by  the  clerk  of  the  county 
court    and    countersigned   by  the    county  judge   of  said 
county. 

§  2.     That  the  board  of  supervisors  of  ^aid  county  are  power  of  ropor- 
hereby  empowered,  for  the  purpose  of  biirrowing  money   *****"• 


1857.  92 

as  aforesaid,  at  siicli  time  or  times  as  the  interests  of  said 
county  may  require,  to  issue  the  bonds  of  said  county,  ex- 
ecuted as  aforesaid,  in  sums  not  exceeding  one  thousand 
dollars  each,  bearing  interest  at  the  rate  of  ten  per  cent, 
per  annum,  interest  payable  annually  or  semiannually, 
eitlier  in  the  city  of  Rockford  or  at  such  other  place  as  the 
said  board  of  sujjervisors  may  deem  the  best  interests  of  the 
county  to  require  ;  and  said  bonds  to  be  payable  within 
ten  years  from  the  date  of  the  same,  and  at  such  j)lace  as 
may  be  determined  by  tlie  said  board  of  supervisors  and 
provided  for  in  tlie  said  bonds  ;  and  to  sell  said  bonds  at 
such  pricts  and  on  such  terms  as  they  may  deem  the  best 
interests  of  the  county  may  require. 
Mmmtthowui-  ^  0.  The  money  borrowed  under  this  act  shall  be  ap- 
propriated to  the  building  of  a  court  house  and  jail,  op 
either  of  them,  in  said  county,  as  the  board  of  supervisors 
may  determine. 
Mir  increwe  5  4.  The  Said  board  of  supervisors  of  said  countVi  f<>r 
«*M  puriKwes.  the  purpose  ot  carrjuig  out  the  provisions  ot  this  act,  shall 
have  power  to  increase  the  taxes  now  authorized  by  law 
to  be  levied  for  county  purposes,  annually,  to  an  amount 
not  exceeding  seven  mills  on  the  dollar's  valuation  of  tho 
property  of  said  county,  to  enable  tho  said  board  to  pro- 
vide for  the  payineiit  of  the  interest  and  principal  of  the 
said  bonds  or  any  other  county  indebtedness  which  may 
be  incurred  in  the  erection  of  the  said  county  buildings  ; 
and  the  said  board  of  supervisors  shall  also  be  empowered 
to  purchase  and  cancel  ^ny  bonds  which  may  be  issued  in 
pursuance  of  the  |)rovisiong  of  this  act,  at  any  time  when 
there  may  be  funds  in  the  treasury  of  said  county,  not 
otherwise  a'ppropriated,  at  such  prices  as  they  may  deem 
consistent  with  the  best  interests  of  the  county. 

§  .').     Thi^   act  shall  be  dcemtid  a  public    act,  and  shall 
be  in  force  from  and  after  its  passage. 
Approved  Jan.  2'.*,  1857. 


Sui.n,  AN    ACT  entltle«l  an  net  to  vacate  tlie  plat  of  the  town  of  New  Bremen, 
^'  al«"  the  town  of  Mi>Mletown,  in  tlie  county  of  llainilloii,  and  state  of 

Illinois. 

f  Sk-r  Tio.N   1 .]      lie  it  nuiclcd  by  the  people  of  the  state  of 

liliufji^,   rrpn\r)it(il  in  Ihc  (iviierdl  //v.s7-7;i />///,    That  tho 

piftU  T»-  platf  of  the  towns    Nrw    IJreme.i   and   Middletown,  in  the 

cjunty  of  Hamilton,  state  of  Illinois,  be  and   they   aro 

licrfbv  vnrntfi). 


hereby  vacatr-d. 

Approvxd  Jan.  -'',  1857. 


93  1857. 


nesses. 


AN  ACT   to   ameml  an  act   rntitlcl   '-'An  act  incorporalinR  the   Bishop  in  force  Jan.  S9, 
IIilI  Colony,  at   Bishop  Ilill,  in  Henry  county."  ib67. 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 
Illinou,   represented  in  the    iieneral  ^sscmh/ij,  That  tlie  momay  be  wit- 
members  ot  the  said   IJishop  Hill  Colony  shall  be  compe-    "^  " 
tent  witnesse.s  in  all  suits  or  other  proceedings  that  have 
been   or  may    hereafter   be   brought  or  instituted   by    or 
against  the  said  colony,  in  all  courts  of  law  and  equity 
within  this  state. 

§  1^.     This  act  shall  take  effect  and  be  in  force  from  and 
aftei-  its  passatre. 

Approved  Jan.  20,  1857. 


AN  ACT  to  incorporate  the  Galena  Gas  Light  Company.  In  for'-e  Jan.  », 


1867. 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  ^Jsse?/t/jli/,  That  Ed- 
ward li.  Eeebe,  Madison  Y.  Johnson,  Benjamin  Coombe,  Corporator.. 
Dickinson  B.  Morehouse,  and  their  associates,  who  did 
heretolure,  to  wit:  on  the  twenty-  fifth  day  of  June,  eighteen 
hundred  and  fifty- five,  incorporate  themselves,  in  conform- 
ity to  an  act  of  the  general  assembly  of  the  state  of  Illinois, 
approved  Feb.  10th,  18i0,  entitled  "An  act  to  authorize 
the  formation  of  corporations  for  mriniifacturing,  agricul- 
tural and  mining  purposes,"  as  a  corporation  fo?  the  man- 
ufacture and  sale  of  inllammablegas,  for  light,  coke,  tar  and 
all  other  incidental  property,  arising  from  the  manufacture 

r?n''   •"  ^1'^  ""'^y  ""^  Cialena,  county  of  Jo  Daviess,  state 
of  Illinois,  be  and  are  hereby  created   a  body  politic  and 
corporate,   with  perpetual  succession,   by    the  name  and 
style  0    the  "Galena  Gas  Light  Company;"  and  by  that  ^'^''^  »'• 
name  they  and  their  successois  shall  be  capable,  in  law 
of  contracting  and  being  contracted  with,  suing  and  being 
sued,   detending   and   being  defended,   in    all  courts   and 
places,  and  in  all  matters  whatsoever,  with  full  power  to 
acquire,  hold,  occupy,  enjoy  and  dispose  of  all  such  real  *^''^.  "'"'''   "" 
and  personal  estate  as  may  be  proper  and  necessary  for   -L. '"•""" 
Uie  construction,  extension  and  usefulness  of  the  works  of 
laid  company,  and  for  the  management,  operation,  main- 
tenance, comp  etiou  and  good  government  of  the  same  ; 
and  they  may  have  a  common  seal,  and  alter,  break  and 
renew  the  same  at  pleasure. 

§  ±     The  corporation  hereby  created   shall  have  full  B"''"*"^"      •^ 
lower  and   authority  to  manufacture  and  sell  rj^s,  to  be    '''"'"" 
nade  from  all  mllammableor  combustible  substances  from 

hich  gas  19  U5ually  obtained,  and  to  be  used  for  the  pur- 


1857. 


94 


Pr\jTi*j. 


Cvtul  su'vk. 


IU*1  MUU. 


Dlr«cton. 


•  If 


•biTM    mar 


pose  of  lighting  the  city  of  Galena,  within  its  present  lim- 
its, or  any  addition  that  may  hereafter  be  made  thereto, 
and  the  street:;,  lanes  and  avenues  tliereof,  and  any  build- 
ings, manufactories,  public  places  or  houses  therein  con- 
tained ;  and  to  erect  all  necessary  works  and  apparatus, 
and  to  lay  all  pipes  and  erect  lamp  posts,  for  the  purpose 
of  conducting  tlie  gas  in  any  of  the  streets,  lanes  and 
avenues  in  said  city  :  Provided^  that  no  permanent  injury 
or  damage  shall  be  done  to  any  street,  lane,  avenue  or 
highway  in  said  city. 

^  :').  The  capital  stock  of  said  company  shall  be  ohb 
hundred  and  fifty  thousand  dollars,  which  may  be  increas- 
ed, when  necessary,  to  any  sum  not  exceeding  five  hun- 
dred thousand  dollars,  whicli  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  which  shall  be  deemed  per- 
sonal property,  and  may  be  issued  and  transferred  in  such 
manner  as  the  board  of  directors  may  prescribe.  Said 
company  shall  have  tlie  exclusive  right  and  privilege  of 
supplying  the  city  of  Galena  and  its  inhabitants  with  gas, 
for  the  purpose  of  affording  light,  for  thirty  years. 

§  4.  The  real  estate  which  this  corporation  is  entitled 
to  hold  shall  not  exceed  in  value  eighty  thousand  dollars. 

§  o.  The  corporation  hereby  created  shall  be  managed 
by  a  board  of  directois,  of  not  less  than  three  or  more  than 
five  persons,  who  shall  be  citizens  of  Galena,  and  be  chosen 
rora  the  preferred  stockholders  in  said  company,  and 
hold  their  office  f<>r  two  years,  and  until  their  successors 
are  elected  ;  which  board  of  directors  shall  manage  tliB 
business  of  said  corporation;  and  for  that  purpose  may  ap- 
point all  agents,  superintendents  and  attorneys  necessary, 
and  dismiss  the  same,  at  pleasure  ;  and  may  make  assess- 
ments on  the  stock  of  not  more  than  five  per  cent,  per 
mt>nth,  u  honcver  it  may  be  deemed  necessary  by  the  board 
of  directors,  to  pro\  ide  money  for  extending,  repairing 
improving  and  supplying  said  gas  works  with  materials  j 
and  on  refusal  or  neglect  of  any  of  the  stockholders  to 
make  payment  of  any  assessment  so  made  upon  them,  then 
u  the  shares  of  such  delinqurnt  may  be  sold,  on  giving  thirty 
days'  notice,  under  such  rules  as  the  board  of  directors 
may  adopt.  The  surplus,  after  paying  the  assessment, 
with  all  interest  and  expenses  of  sale,  is  to  be  paid  to  such 
delinquent  stockholder. 

§  <j.  At  all  elections  f.r  a  board  of  directors,  each 
ihare  of  sto(  k  »hall  be  entitled  to  one  vote  ;  which  board 
of  directors  shall  select,  from  their  number,  a  president, 
fecretary  and  treasurer,  whose  respective  duties  shall 
be  prescribed  by  the  board  of  directors.  The  first  board 
of  director."!  Hhail  be  composed  of  I'^dward  H.  Beebc,  Madi^ 
fon  Y.  JohnJion,  Henjamin  Coombe,  Dickinson  B.  More- 
houi«  and  John  Lorrain. 


95  1857. 


This  act  shall  be  in  force  from  and  after  its  passage,  and 
be  a  public  act. 
Approved  Jan.  29,  1867. 


AN  ACT  to  vacate  part  of  Water  street,  in  the  city  of  Chicago.  In  forc«  Jan.  U, 

[Section  1.]  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General %^ssembly,  That  so  much 
of  Water  street,  in.the  town  of  Soutli  Chicago,  Cook  county,  certain  part  «t 
state  of  Illinois,  as  divides  lots  numbered  3,  4  and  o,  on  ^hKlgo^vtw^tia 
the  one  side,  and  lot  No.  0,  on  the  other,  of  block  No.  one 
(1,)  in  the  subdivision,  by  the  trustees  of  the  Illinois  and 
Michigan  canal,  of  section  No.  twenty-nine  (29,)  in  town- 
ship No.  thirty-nine  (30)  north,  of  range  No.  fourteen  (14) 
east  of  the  tliird  principal  meridian,  as  the  said  street  was 
originally  laid  out  and  platted,  and  recorded  in  the  office 
of  the  recorder  of  said  Cook  county,  be  and  the  same  is 
hereby  declared  vacated — the  land  comprising  the  vacated 
portion  of  said  street  to  inure  to  and  vest  absolutely  in 
Oramel  S.  Hough  and  Charles  J.  Kershaw,  their  heirs  and 
fi^ssigns,  or  to  the  owners  in  fee  of  the  lands  abutting  on 
either  side  of  said  vacated  portion  of  said  street. 

Approved  Jan.  29,  1857. 


AN  ACT  to  incorporate  the  Freenort  and  Monroe  Railroad  Company,     in  force  jan  •», 

1867. 

Section  1.     Be  it  enacted  by  the  people  of  the   state  of 
Illinois,  represented  in  the   General  *^isse7nbly,  That  John 

W.  Stewart,  Ludlow,  John  Bowers,  George   S.  Corporator. 

Caldwell,  Henry  Ault,  James  M.  Smith,  Josiah  Clingman, 
John  H.  Adams,  James  Benson,  John  A.  Clark,  Tiiorapson 
Wilcoxon,  John  K.  Brewster  and  Jackson  Richart,  are 
hereby  made  and  constituted  a  body  corporate  and  politic, 
by  the  name  and  style  of  "Freeport  and  Monroe  Rail-  st/i*. 
road  Company,"  with  perpetual  succession;  and  by  that 
name  and  style  shall  be  capable  in  law  of  taking,  purcha- 
fing,  holding,  leasing,  selling  and  conveying  estate  and 
property,  whether  real  or  personal  or  mixed,  so  far  as  the 
game  may  be  necessary  for  the  purposes  hereinafter  men- 
tioned and  no  further  ;  and  in  tiieir  corporate  name  to  sue 
and  be  sued  ;  to  have  a  common  seal,  wliich  they  may  alter 
•r  renew  at  pleasure;    and   may  have  and  exercise  all 


1857. 


06 


DIracton. 


04U«r«. 


powers,  ria;hts,  privileges  and  immunities  which  are  or 
may  be  neces>ary  to  carry  into  oUVct  the  purpose  and  ob- 
ject of  this  act,  as  the  same  arc  hereinafter  set  forth. 

f  '2.  The  said  company  are  hereby  authorized  and  em- 
powered to  locate,  anil,  fri>m  time  to  time,  to  alter,  change, 
relocate,  construct,  leconstruct  and  fully  to  finish,  perfect 
and  maintain  a  railroad,  with  one  or  more  tracks,  com- 
mencing at  or  near  Fret-port,  on  the  Illinois  Central  Rail- 
road, or  any  other  railroad  now  built  or  that  may  hereafter 
be  built,  in  Steplienson  rounty  ;  theiice  on  the  most  eligi- 
ble route,  to  the  town  of  CeuarvilUe  ;  thence  to  the  town 
of  Orangeville ;  thence  to  some  point  or  points  on  the 
north  line  of  this  state,  in  Stephenson  county  ;  thence  to 
connect  with  any  mad  or  roads  that  are  or  may  hereafter 
he  constructed  witliin  tlie  state  of  Wisconsin,  to  said  state 
line  ;  and  the  said  company  are  further  authorized  to  use 
and  operate  said  railroad,  and  shall  have  power  and  au- 
thority to  regulate  the  time  and  manner  in  which  goods, 
effects  and  persons  shall  be  transj)orted  on  the  same;  and 
to  prescribe  the  manner  in  which  said  railroad  shall  be 
used,  and  the  rate  of  toll  for  transportation  of  persons  or 
property  therein,  and  for  the  storage  of  merchai.dise  or 
other  property  under  their  charge;  and  shall  have  ])Ower 
to  provide  all  necessary  stock  and  materials,  for  the 
operation  of  said  roid  ;  and  shall  have  power  to  erect  and 
maintain  all  necessary  depots,  stations,  shops  and  other 
buildings  and  machinery,  f<'r  the  accommodation,  manage- 
ment and  oj  eration  of  said  road. 

§  :'..     The  following  named  persons  shall  constitute  the 

first  board  of  directors,  to  wit:  John  W.  Stewart, ■ 

Ludlow,  John  Bowers,  George  S.  Caldwell,  Henry  Ault, 
James  M.  Smith,  Josiali  Clingman,  John  II.  Adams,  James 
Benson,  John  A.  Clark,  Thomjiscm  Wilcoxon,  John  K. 
Brewster  and  Jackson  liichart.  Said  directors  shall  or- 
gauize  the  board  within  three  years  from  the  ])assago  oT 
this  act,  by  electing  one  of  their  number  president,  and 
by  appointing  a  secretary  and  treastirer;  and  the  direc- 
tors yiresent  shall  certi'y  the  said  organization,  under  tlieir 
hands  ;  which  certificate  sliall  he  recorded  in  tiie  record 
book  of  said  company,  Hn<l  shall  be  sufficient  evidence  of 
the  organization  of  laid  company.  Tlie  directors  herein 
named  shall  hold  their  office  until  the  first  Wednesday  in 
Octobpr  following  their  organization,  and  tintil  their  suo- 
cefisors  an-  elected  anri  fpialiried,  as  herein  provided  for. 
Vacancies  in  the  board  may  he  filh-d  by  a  vot(5  of  two- 
thirds  of  the  directors  r<mfjining,  at  any  regular  meeting 
of  the  board,  or  at  any  special  meeting  called  for  that  pur- 
pose. 

§  4.     The  within  named  directors  Bhall,  within  twenty 
days  after  their  organization,  give  at  least  thirty  days'  no- 


97  1857. 

tice  of  the  lime  and  places  along  the  line  of  said  road  where 
books  will  be  opened  tor  the  piu  pose  of  procuring  subscrip- 
tions to  the  capital  slock  of  said  coni)>any;  and  said  directors 
shall  continue  to  receive  subscriptions,  either  personally  or 
by  such  agents  as  they  shall  appoint  for  tiiat  purpose,  until 
the  sum  of  fifty  thousand  dollars  is  subscribed  and  five  per  sto«.i:8ut»cribM, 
cent,  paid  thereon.  Said  directors,  or  their  successors, 
may  proceed,  by  their  engineers,  to  survey,  locate  and  con- 
struct said  railroad.  Certificates  of  stock  shall  be  signed 
by  the  president  and  countersigned  by  the  secretary  and 
treasurer  of  said  coir])any,  each  of  whom  shall  keep  a  fair 
record  of  the  same,  which  siiall  be  subject  to  the  inspection 
of  any  stockholder. 

§  5.     Said   board  of   directors    and    each   succeeding  Election  of  «ii- 
board  shall  give   at  least  thirty  days'   notice,  previous  to   '^*^'*'"- 
the  first  Wednesday  in  October,  of  each  year,  of  an  elec- 
tion, by  the  stockholders,  of  a  board  of  iit'teen  directors, 
at  least  eleven  of  whom  shall  be  chosen  from  stockholders 
resident  within  the  counties   through  wliicli   the  road  is 
located.    All  elections  for  directors  shall  be  held  at  the  city  ^ho  may  voi«. 
of  Freeport.     At  any  election  held  for  directors  each  share 
of  stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy;  and  the  persons  receiving  the  largest 
number  of  votes  to  be  declared  duly  elected,  and  to  hold 
their  office   until  the  next   election  and   until  their  suc- 
cessors are  elected  and  qualified.     All  elections  for  di-  how  conducted, 
rectors  to  be  conducted  by  three  judges,  selected  by  the 
stockholders  present.     No  stockiiolder  shall  be  allowed  to 
vote  at  any  election  after  the  first  for  any  stock   which 
shall  have   been   assigned  tu  him  within  thirty  days  pre- 
vious to  said  election  or  upon  any  stock  upon  which  there 
is  any  due  and  unpaid  installments. 

§  G.  If  any  board  of  directors  fail  or  refuse  to  give  no- secretory  nj»r 
tice  of  the  time  herein  specified  for  the  annual  election  6f  8i»«i>""cC' 
directors,  then  any  five  stockholders  may,  in  writing,  re- 
quire the  secretary  to  give  thirty  days'  notice,  and  it  shall 
be  his  duty  to  give  said  notice,  so  required,  for  any  elec- 
tion of  directors;  and  at  the  expiration  of  the  time  the 
stockholders  present  shall  proceed  and  elect  directors,  as 
herein  provided  for  the  election  of  directors  ;  and  the  di- 
rectors so  elected  shall  constitute  the  legal  board. 

§  7.     The  general  offices  of  the  company  shall  be  located  offlr,-,     w>i«r« 
in  the  city  of  Freeport,  where  all  the  books  of  record  shall   '•"'^• 
be  kept  and  the  general  business  of  the  company  shall   be 
transacted.     There  shall  be  kept  at  the  secretary's  office, 
in  the  city  of  Freeport,  a  full  record  of  the  name  and  resi- 
dence of  each  stocklioMer,  and  the  number  of  shares  held 
by  each.     Said  record  i^hall  at  all  times,  during  business 
hours,  be  subject  to  the  inspection  of  any  stockholder. 
—29 


1?.'" 


OS 


to  Dfty 

rit>0. 


fSb* 


FrOTlfo 


OH>it»!  »tA-t.  ^  8.  The  capital  stock  of  saul  company  sluill  be  seven 
luuulrod  thousand  dollars,  wliioli  shall  bo  divided  into 
sliares  of  one  Imndred  dollars  each,  and  may  be  increased, 
from  time  to  time,  by  a  vote  of  a  majority  in  interest  of 
stookholders,  at  their  annual  meeting  or  at  any  special 
meeting  called  for  that  purpose,  by  the  directors  of  said 
company,  to  any  sum  requisite  for  the  completion  of  said 
railroad.  Previous  to  a  vote  being  taken  for  an  increase 
of  the  capital  stock,  the  directors  shall  give  n  full  state- 
ment of  the  objects  for  which  said  increase  is  required  ; 
also,  make  a  full  report  of  the  condition  and  affairs  of  the 
company.  The  shares  in  said  company  shall  be  deemed 
and  considered  personal  property. 

f  '.♦.  It  shall  be  lawful  for  all  persons  of  lawful  age  or 
for  the  agents  of  any  corpon.te  body,  duly  authorized  in 
behalf  of  the  same,  to  subscribe  t>  any  amount  of  capital 
stock:  Provi(/e(/,  that  the  directors  of  said  corporation 
may,  at  their  di-^cretion,  limit  the  amount  of  stock  that  any 
person,  corporation  or  any  agent  may  subscribe  in  their 
own  name  or  in  the  name  of  any  other  person. 

§  10.  It  shall  be  lawful  for  tlie  directors  to  make  calls 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany, at  such  time  or  times  and  in  such  amounts  as  they 
shall  deem  fit,  giving  at  least  thirty  days'  notice  of  each 
of  said  calls;  and  in  case  of  failure  of  any  stockholders  to 
make  payment  of  any  call  by  said  directors  for  sivty  days 
after  the  same  shall  have  become  due,  the  said  board  of 
iwfciusi.  directors  are  hereby  authorized  to  declare  said  stock  so  in 
arrears  and  all  sums  paid  thereon  forfeited  to  said  com- 
pany, or  to  recover  such  impaid  sum  or  sums  in  an  action 
of  debt,  in  any  court  having  jurisdiction  thereof. 

Ji  11.  And  the  said  company  are  hereby  autliorized,  by 
tluir  engineers  and  agents,  to  enter  any  lands  for  the  pur- 
pose ol  making  the  necessary  surveys  and  examinations 
for  said  road,  and  to  enter  upon  .Tnd  lake  and  Imld  all 
lands  necessary  for  the  ronstruction  of  said  railroad  and 
its  appendages,  first  making  just  and  reasonable  compen- 
sation to  the  owners  of  said  lands  for  any  damages  that 
may  arise  to  them  from  tin*  building  of  said  railroad  ;  and 
in  case  the  said  coinjiany  shall  not  be  able  to  obtain  the 
title  to  any  lands  or  prfini<^«<'  that  may  be  necessary  for 
the  purpose  of  said  road  and  its  appendages,  by  purchase 
or  voluntary  cession,  the  same  may  be  obtained  in  the  mode 
provided  by  ihf  provisions  of  the  twenty-second  section 
of  an  act  en'itlfd  "An  art  to  provide  for  a  general  sy.v 
trm  of  railrond  ir.rorj)orations,"  |)assed  Nov.  r>th,  A.  D. 
1840:  /Vo/'iV//-^/,  that  aftfr  the  nj)praisal  of  damages,  hi 
pursuance  of  said  af;t,  and  upon  deposit  of  the  amount  of 
such  appraisal  in  the  office  of  the  clerk  of  the  circuit  court 
of  ihc  county  wherever  such  lands  may  be  situated,  the 


P-»we-«  o!  earn 


99  1857. 

said  company  shall  be  authorized  to  enter  upon  such  lands 
for  the  construction  of  said  road. 

S  12.     The  said  company  are  autliorl^cd  and   cmpow-  Comrsny     mny 

*j,,  ,.  i-ii«  I  r-  borrow  mocpy. 

ered  to  borrow,  rrom  time  to  time,  such  sums  of  money, 
not  exceeding  double  the  amount  of  stock  subscribed  and 
upon  which  at  least  twenty-five  per  cent,  shall  have  been 
paid,  as  may  be  necessary  for  constructing,  coinpbting 
and  finishing  or  operating  said  railroad,  and  to  issue  and 
dispose  of  their  bonds,  in  denominations  of  not  less  than 
five  hundred  dollars,  for  any  amount  so  borrowed,  and  to 
pay  any  rate  of  interest  thertfor,  not  exceeding  ten  per 
cent.,  and  to  pledge  and  mortgage  the  said  road  and  its 
appcuvlages,  or  any  part  thereof,  or  any  other  property  or 
effects,  rights,  credits  or  franchises  of  the  said  company, 
as  security  for  any  loan  of  money  and  interest  thereon,  and 
to  dispose  of  the  bonds  issued  for  such  loan  at  such  rate 
and  on  such  terms  as  two-thirds  of  the  directors  may  de- 
termine. 

§  1-j.    The  said  company  shall,  annually  or  semiannually,  cividcadi*. 
make  such  dividends  as  they  shall  deem  proper  of  the  net 
profits,  receipts  or  income   of  said  company  among  the 
stockholders   therein,  in  proper  proportion  to  their  re- 
spective shares. 

§  11.  Said  company  shall  have  power  to  make,  ordain  By'a^- 
and  establish  all  such  by-laws,  rules  and  regulations  as 
may  be  deemed  expedient  and  necessary  to  fulfil  the  pur- 
pose and  carry  into  effect  the  provisions  of  this  act  and  for 
the  well  ordering  and  securing  the  afTairs  and  interest  of 
said  company  :  Provided^  that  the  same  be  not  repugnant  ^^'''^■ 
to  tlie  constitution  and  laws  of  the  United  rotates  or  of  this 
state.  Tliis  act  and  all  by-laws  that  may  be  adopted  by 
the  directors  of  said  company  and  all  additions  or  altera- 
tions thereto  shall  be  printed  in  convenient  form  and  dis- 
tributed among  the  stockholders  of  said  company. 

§  !•').  It  shall  be  lawful  for  any  fifteen  stockholders,  by  Mrrtingr'-tock- 
giving  thirty  days'  notice,  stating  the  objects,  to  call  a 
meetiiig  of  the  stockholders  of  said  company,  and  the 
gecret^ry  of  said  com])any  shall  certify  said  call  and  re- 
cord the  same,  as  well  as  all  matters  that  may  be  trans- 
acted under  such  call.  The  stockholders  present  un-  w«y  sppoint 
der  such  call  may  proceed  and  appoint,  from  amo»g  "'^•^'"•'*^*- 
themsplves,  a  committee  of  three,  with  full  power  to 
efxamine  all  books,  papers  and  accounts  belonging  to 
said  company;  and  said  committee  may  employ  any  com- 
petent accountant  or  accountants  to  aid  in  said  examina- 
tion ;  and  said  committee  shall  have  full  power  to  examine 
any  officer  or  officers,  agent  or  agents  or  employee  of  said 
company,  under  oath,  to  be  administered  by  the  chairman 
of  said  committee  ;  and  said  officer,  agent  or  employee 
shall  duly  answer  all  questions   that  maj  be  required  of 


1S57.  100 

them  by  said  committee  touching  any  matter  or  matters 
re'.atintif  to  the  atJ'iiirs  ol"  said  company  ;  and  the  otilcors  and 
agents  of  said  company  shall  aid,  as  far  as  in  their  power, 
said  committee,  as  tliey  may  require  in  said  examination. 
The  expense  of  said  examination  shall  be  paid  from  tiit' 
treasury  of  said  company,  upon  warrants  drawn  upon  the 
treasurer  and  certilled  by  said  committee;  and  said  com- 
mittee shall  make  a  detailed  report  of  said  examination, 
at  such  time  or  times  as  said  stockholders  shall  direct. 
notice  of  meet-  ^  j^i.  Notice  shall  be  published  in  the  papers  printed 
"**'  within  the  counties  thionr;h  which  the  said  road  is  located, 

for   subscriptions   to  the  cai>ital   stock,  and  elections  of 
directors,  and   calls  for  installments  to  be  paid   upon  the 
capital  stock,  and  all  n^.cc tings  of  stockholders.     All  mat- 
ters intended  for  the  action  of  stockholdtrs,  by  the  direc- 
tors or  stockholders  authorized  to  call  meetings,  shall  be 
lublished  in  the  notice  given  for  the  meeting  before  which 
i>aid  matters  will  be  brought. 
DBtrotconip»nr,      ^  jj,     xiic  c.^rpora'lon  shall  be  bound  to  repair  all  pub- 
b.yhwari,  fc-.   j.^^   iijrjljways,  bridges   and  water  courses  which  may  bo 
injured   in  constructing   -aid   railroad  or  its  appendages, 
and  shall  restore  them,  as  far  as  practicable,  to  as  good  a 
condition  as  they  were  before  they  were  injured. 
When   lo  coca.       c  2>;      -pj^^  company  shall  be  allowed  six  years,  from 

BlCOC^  work*  ^  1  i/**!'! 

t'.ie  passage  of  this  act,  for  the  commencement  ol  saul  rail- 
road ;  and  in  case  the  same  shall  not  be  completed  in  ten 
years  thereafter  the  privileges  herein  granted  shall  be  for- 
leited. 

§  H>.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  beneficially  for  all  purposes 
lierein  specified  or  intended. 

Approved  Jan.  2'J,  1807. 


la  turt*  Jm.  to. 


iMNparaion. 


Mtat  »f. 


AN  ACT  incorroratlng  Ibo  University  of  Chicago. 

Section  1.  fir  if  cnnrled  hy  the  people  of  the  state  of 
Iftinois,  rcpre^niteit  in  tlir  dniiral  ^^ssnnhly,  That  Ste- 
phen A.  Douglas,  \Vm.  D.  Ogden,  Hiram  A.  Tucker, 
Charles  .\  Walker,  SaMiiicl  Hoard,  .lam."^  II.  Woodworth, 
Levi  n.  Hoone,  E.  I).  'i'a}lor,  John  11.  Kinzie,  Robert  H. 
Ciarkson,  John  C.  Rnrroughs,  Mason  Brayman,  Walter  S. 
Gurn«:e,  Jame.q  Diinlap,  lehabod  Clark,  Charles  H.  Uoo, 
Elijah  C;orp,  H«-nry  (J.  Weston,  Simon  (i.  Miner,  Noycfl 
W.  Miner,  and  th.-ir  associates  and  succcpsors  in  office, 
are  hereby  constituted  a  body  corporate,  by  the  narno  of 
"The  Univemity  of  Chicago;"  the  obj«;et  of  this  incorpo- 
ration being  the  promotion  of  general  and  professional  cdu 


J 


101  1857. 

cation  ;  the  application  of  science  to  agriculture  and  man- 
ufactures, and  tlie  cultivation  of  the  fine  arts.  Tlie  said  cor- 
porafion  shall  have  perpetual  succession,  with  power  to 
sue  and  be  sued,  contract  and  be  contracted  with  ;  to 
make  and  use  a  common  seal,  and  to  alter  the  same  at 
pleasure  ;  to  buy  and  sell  and  to  take  and  hold  real  and 
personal  property. 

§   2.     The  persons   hereinbefore  named  are  hereby  ap-  TrusicM. 
pointed  trustees  of  the  said  corporation.     Tue  said  trus- 
tees, upon  the  call  of  any  three  of  their  number,  issued  in 
writing,  to  eacliof  the  others,  shall  meet  for  the  purpose  of 
organization  and  the   transaction  of  business,  and  within 
one  year  from  the  passage  of  this  act  they,  or  a  quorum  of 
them,  in   regular  meeting,  shall   choose,  by   ballot,  fifteen 
otiier  persons  to  constitute,  with  themselves  and  the  pres-  PrcsiJeat. 
ident  of  the  university,  who  shall  always  be   a  trustee  by 
virtue  of  his  office,  the  full  board  of  trustees   of  thirty-six 
members.     Eleven  members  present  at  any  regular  meet- 
ing shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness.    When  the  full    number  of  trustees   is   chosen   the 
board  sliall  be  distributed  by  lot  into  five  classes,  numbered  ''ll^^^  **   ^' 
first,  second,  third,  fourth  and  fiftli,  and  the  term  of  office 
of  tlie  first  class  shall  expire  at  the  second  annual  meeting 
thereafter,  and  that  of  each  of  the  other  classes  annually 
thereafter,  in   the  order  of  their  numbers,  when,   in  each 
case,  the  vacancy   thus   created  shall   be  filled  by  a  now 
election,  by  ballot.     Vacancies  occurring  by  death,  re<ig-  ^(fi';^7'      '""' 
nation  or  remo^'al  from  office  shall  be  filled,  by  ballot,  at 
tiie  next  meeting  of  the  board  ;  and  the    members  thus 
elected  shall  belong  to  the  class  in  which  the  vacancy  oc- 
curred.    If  any  member  shall  tail  to  attend    the   annual 
meeting  of  the  board,  for  two  years  in  succession,  his  place 
shall  be  declared  vacant  and  be  filled  by  a  new  election. 
The  board  shall  meet,  annually,  at  or  in  the  vicinity  of  the  \uuu^iy*^  °^* 
university,  on  a  day  which  it  shall  previously  designate  ; 
and  special  meetings  shall  be  called  by  the  president,  on 
the  requ*^st  of  nine  members,  setting  forth,  in  writing,  the 
objects  of  such  special  meetings. 

§  3.     The  board  shall  have  power  to   choose  its   own  P^wer  of  trot- 
officers  and  prescribe  their  duties ;  to  establish  such  ordi-    '°*** 
nances  and  by-laws,  for  the  government  of  its  own  pro- 
ceedings, as  it  may  deem  necessary  :  Provided,  that  the  P'^^i*'- 
same  shall  not  be  contrary  to  the  constitution  of  the  United 
States  nor  of  the  state  of  Illinois.     The  board  is  charged 
with  the  superintendence  and  government  of  the  universi- 
ty, with  power  to  create  different  departments,  in  adclition 
to  t!ie  usual  coll<«giate  department,  as  a  department  of  1  :\w, 
of  medicine,  of  agriculture,  and  such   others   as  it  may 
deem  necessary  ;  and    to  prescribe  courses  of  study,  and 
maintain  discipline  and  government   in    each  j  to  electa 


1857.  102 

presiJtMil,  aiul,  at  its  iliscrotion,  a  vice  presiilont  of  the 
university,  aiul  all  necessary  professors,  tutors  antl  in- 
structors, anil  to  prescribe  the  duties  and  llx  the  salaries 
of  each  ;  to  fix  tiie  rates  of  tuition  and  the  terms  of  adniis- 
ttjtw.  gj^jj^  ty  ^Ijp  university:  Prur/VAv/,  that,  otherwise  than  tliat 

the  majority  of  the  trustees  and  the  president  of  the  uni- 
versity siiall  forever  he  of  the  same  religious  denomina- 
tion as  the  majority  of  tliis  corporation,  no  religious  test  or 
particular  religious  profession  sliall  ever  be  held  as  a  re- 
quisite for  admission  to  any  department  of  the  university  or 
for  election  to  any  professorship  or  other  place  of  honor 
or  emolument  in  it,  but  t!ie  same  shall  be  open  alike  to 
Uar  hKi  rtAi  persons  of  any  religious  faith  or  profession.  The  board 
*"**  may  acquire,  by  gift,  grant  or  devise  or  purchase,  any  real 

or  personal  property,  and  may  use,  sell,  lease  or  other- 
wise dispose  of  any  and  all  property  belonging  to  the  uui- 
Aersity,  in  such  manner  as  they  may  deem  most  condu- 
cive to  its  interest  :  Providcit^  that  real  estate  shall  not 
be  sold  without  the  consent  of  a  majority  of  all  the  trus- 
tees. The  board  may  appoint  of  its  own  number  an  ex- 
ecutive committee  of  not  less  than  five  dollars,  [members] 
to  be  charged  with  the  interest  of  the  university  in  the  in- 
tervals of  the  sessions  of  tlie  board,  and  may  prescribe  the 
duties  of  such  executive  committe,  and  delegate  to  it  all 
or  any  j)ortion  of  the  powers  of  the  board. 
KMtrin  ««  m  §  I,  To  enable  the  trustees  to  fulfil  the  trusts  hereby 
2mi0*^  »to-  committed  to  them  and  to  secure  the  ends  of  tliis  corpora- 
tion, it  is  hereby  declared  unlawful  for  any  person  to  en- 
tire any  student  of  the  said  university  into  the  practice  of 
gaming,  or  to  furi>ish  to  any  student  any  device  or  instru- 
infut  for  gaming,  or  any  intoxicating  liquors.  And  any 
billiard  room,  bowling  alley,  race  course  or  other  device 
or  instrument  for  gaming,  or  any  brothel  or  house  of  ill- 
fame,  or  place  where  intoxicating  licjuors  arc  sold  or  fur- 
ni^lied,  except  for  medicinal  or  njechaiiical  purposes,  within 
one  mile  of  the  site  of  said  university,  is  hereb}  declared 
a  nuisance  and  subject  to  abaten)ent  as  such. 
%*»rt<dt'x~,\  .  c  ')■  In  addition  to  the  board  of  trustees  there  shall  b« 
a  board  of  regents  of  the  university,  to  consist  of  the  g"V- 
crnor  of  the  state  of  Illinoi"?,  the  lieutenant  governor,  the 
secretary  of  st  te,  the  speaker  of  the  house  of  representa- 
tives, the  superintendent  of  j)uhlic  instruction,  th(!  judges 
oftbc  United  States  court  for  the  northern  and  southern 
dittrir.ti  of  Illinoi.s,  and  of  tlie  supreme  court  of  *thc  state 
of  II!inoi<»,  and  of  thu  circuit  court  of  Cook  county,  and 
of  the  Cook  coiuity  court  of  common  picas,  and  mayor 
of  I  le  city  of  Chicago,  by  virtue  of  their  officer;',  and  of 
fifteen  other  persmi'?,  to  lie  apjiointed  by  the  hoard  of  trus- 
teea  ouc-tI»ird  of  whom  .shall  go  out  of  office  annually,  and 
th»ir  places  be  filled  by  the  hoard  of  trustees. 


103  1857. 

§  6.     The  officers  of  the  board  of  regents  shall  be  a  omceis   of  um 
chancellor  and    vice  chancellor,  and   a  secretary.      Tiie   gcul. 
governor  of  tlje  state  ot  Illinois  shall  be,  tw  ojjicioy  chan- 
cellor to  -the  university,  and  tlie  lieutenant  governor  vice 
chancellor;  and  in  case  of  the  absence  of  both  the   chan- 
cellor and  vice  chancellor,  from  any  regular  meeting  of 
the  regents,  the   meeting  may    appoint   a  president,  jii'o 
tempore  ,  they  shall  also  elect  the  secretary  and  establish 
sncli  ordinances  and  by-laws  as  they  may  deem  necessary 
for  tlie  government  of  their  own  proceedings.     The  board 
shall  meet,  annually,  and  the  cliancellor  may,  at  his  dis-  Meet annuaiir. 
cretion,   call   special  meetings,    eleven  members  at    any 
meeting  being  necessary  to  constitute  a  quorum. 

§  7.  The  board  of  regents,  by  itself  or  its  committees,  ontyrtboatdoi 
shall  amuially  visit  the  several  departments  of  the  uuiver-  '^^"^" 
sity,  and  examine  into  the  courses  of  study  and  the  me- 
thods of  instruction  pursued  therein,  and  the  menner  in 
which  the  several  trusts  connected  with  the  universit}'  are 
fulfilled,  and  into  its  general  condition  and  progress,  and 
shall  report  the  results  of  such  examination  to  the  board 
of  trustees,  with  such  advice  an«l  co»nsel  respecting  all 
matters  pertaining  to  the  university  as  they  may  deem  ira- 

ftortant;  they  shall  also  report  to  the  legislature  any  vio- 
ation  of  this  charter,  or  other  matters  which  they  may 
deem  deserving  of  the  attention  of  that  body,  or  on  which 
that  body  shall  demand  information,  respecting  the  man- 
agement of  any  officers  of  the  university.  At  the  time  cf 
any  official  visitation  by  the  regents,  the  books,  re  .'ords  and 
papers  belonging  to  the  university  shall  be  freely  opened 
to  their  inspection,  and  all  persons  connected  with  it  be  sub- 
ject to  their  call  for  information  or  testimony,  in  relation 
to  the  subjects  of  their  official  investigation;  and  in  the 
discharge  of  their  respective  trusts  both  the  regents  [and] 
the  trustees  shall  have  power  to  send  for  persons  and 
papers,  and  to  require  tbe  verification  of  testimony  under 
oath,  to  be  administered  by  the  presiding  officer  for  the 
time  beii  g. 

§  8.   No  gift,  grants  or  devise  made  to  the  university,  for  Gift=,Pf&nuM>d 
a  particular  purpose,  shall  be  applied  to  any  other  purpose ; 
and  every  grant,gift  or  devise,  made  with  the  intent  of  bene- 
fitting the  said  university,  shall  be  construed  liberally  in  the 
courts,  according  to  the  intent  of  the  grantor,  donor,  devisor. 

§  0.  The  said  university  may  grant  to  students,  in  Dipiwni««. 
either  of  its  departments,  deplomas  or  honorary  testimo- 
nials, and  may  confer  such  literary  honors,  degrees  and 
diplo'jQas  as  are  usually  conferred  by  any  university,  col- 
lege or  seminary  of  learning  in  the  UuiteJ  States,  and  the 
same  shall  entitle  the  possessors  to  immunities  and  privi- 
leges allowed  by  usage  or  statute  to  the  professors  of  like 
diplomas  from  any  university,  college  and  seminary  of 
learning  in  this  state. 


1867.  104 

^t»Au*oS^'  ^  1^'  The  tract  of  land,  not  to  exceed  one  hundred 
and  sixty  acres',  on  which  the  university  is  erected,  be- 
lonj^inc;  to  the  said  university,  is  liereby  declared  exempt 
from  taxation  or  assessment,  for  all  and  any  purposes 
whatever. 

^  11.  This  act  shall  be  a  public  act,  and  shall  take  ef- 
fect immediately. 

Approved  Jan.  oO,  1867. 


'"'""Iss'*"' **''  ^^  ^^^  ^^  .lu'horize  the  tnislera  of  Sandwich  Academy  to  convey  the 
real  (folate  and  other  property  belonging  to  said  corporation,  and  to  va- 
cate said  corporation. 

Section  1.     JSf  if  enacted  by  the  people  of  the  state  of 

I/unuis,  represented  in  the  General  %^sseinblij,  That  Wash- 

'i^'r^o'i'''aM  i"g^oi  Walker,  J.  H.  Carr,  S.  C.  Gillett,  James  H.  Dick- 

»wv.sr  roa;  0^  Sun,  Amos  Pratt,  Hubbard  Latham  and  Israel  L.  Rogers, 

**'*  trustees  of  Sandwich  Academy,  be  and   they  are  hereby 

authorized  and  empowered  to  sell  and  convey  all  tiie  real 

estate  and  other   property  belonging  lo  said   corporation, 

for  a  sum  of  mnney,  not  less   than   tv/entyfive   hundred 

dollars,  upon  such  terms  as  to  tiiem  may  seem  atjvisable. 

T«|Nv««6ts.  ^  2.     The  said   trustees,  after  making  such  sale,  shall 

pay  all  the  debts  and  liabilities,  of  whatever  kind,  of  said 

corporation,  ou*  of  the  avails  of  such  sale,  and  tlie  balance 

of  such  avails  they  sliall  divide  and  pay  over, /;ro  rata, 

among  the  several  stockholders  of  the  same. 

9  o.  Whenever  tiie  acts  and  things  enumerated  in  the 
preceding  sections?  shall  have  bitndone  and  accomplished, 
according  to  the  true  intent  and  meaning  thereof,  the  cor- 
poration, known  a:^  "Sandwich  Academy,"  shall  eease  to 
exist. 

§  4.  This  act  shall  take  eifect  from  and  after  its  pas- 
sage. 

Approved  Jan.  0-*,  18)7. 


la  t/trr  j»n.  »,  AN  AC  T  to'arn«>i.<l  *' An  act  aii!l»ori/.in(;  .Tarnp.n  A.  Knif.'ht  and  liis  absocl- 
•W7.  ale»  lo  build  a  bridge  acruna  Kaskaskla  river." 

$  1.     That  the  paid  James  A.  Knight  and  his  associates 

are  hereby  cnnstifutfd  a   body  pi)litic,  by  the  nanx;  and 

».^  - -,^1-     'Ule  of  the  "Kask-i^kia  I'loatini'  liiidirr  Company  ;"  and 

•^^  Raid  company,  b}  their  corporate  name,  shall  be  ca])abJc, 


105  1857. 

in  law,  of  taking,  holding  and  using  real  and  personal 
estate,  for  the  purpofje  of  using  said  bridge  ;  may  have  a 
common  seal  ;  and  in  their  corporate  name  may  sue  and 
be  sued  ;  and  contract  and  be  contracted  with  j  make  rules 
and  by-laws,  not  inconsistent  with  the  laws  and  constitu- 
tion of  tiiis  state  and  of  the  United  States. 

§  2.     The  capital  stock  of  said   company  shall  never  capital etock. 
exceed  fifty  thousand  dollars. 

§  -3.  In  case  said  company  cannot  obtain,  by  voluntary  night oi  way. 
relinquishment,  sucli  lands  or  real  estate,  materials  and 
timber  as  may  be  required  for  the  purpose  of  using  and 
managing  said  bridge  and  give  it  access  to  state  and 
county  roads,  it  sfiall  be  lawful  foi"  said  company  to  ac- 
quire tiie  same  in  manner  and  form  as  is  provided  in  cliap- 
ter  92  of  the  Revised  Statutes,  entitled  "Right  of  Way." 

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

Approved  Jan.  30,  1857. 


AN  ACT  to  amend  the  charter  of  the  Illinois  River  Railroad  Company,    in  force  Jan.  M, 

1657. 

Section  1.     Be  if  enacted  by  the  people  of  the  state  of 
Tllinoisj   represented  in  the  General  Assemblxj^    That  the 
Illinois  River  Railroad  Company,  as  the  same  is  at  present  Aoutiona!  pow- 
organized  under  the  provisions  of  an  act  entitled  "An  act   *'"• 
to    construct    a   railroad    from  Jacksonville,   in    Morgan  ^ 

county,  to  La  Salle,  in  La  Salle  county,"  ypproved  Feb- 
ruary 11th,  1853,  and  an  act  entitled  "An  act  to  amend 
an  act  entitled  'An  act  to  construct  a  railroad  from  Jack- 
sonville, in  Morgan  county,  to  La  Salle,  in  La  Salle 
county,'  "  approved  March  1, 1854,  shall  have  not  only  the 
rights,  powers  and  privileges  conferred  by  said  act,  but 
in  addition  thereto  shall  have  power  and  authority  to  have, 
receive,  hold,  sell  and  dispose  of  any  donations  of  real  or 
personal  property,  for  the  use  of  said  company,  and  to  ac- 
quire, by  purchase,  and  hold,  for  the  use  of  said  company, 
m  the  constructing  or  operating  said  r^iilroad,  or  to  sell 
the  same,  if  found  not  necessary  or  proper  to  be  retained. 

§  2.  The  said  Illinois  River  Railroad  Company  shall  MayiflrocN-ncta. 
have  power  to  issue  their  bonds,  in  sums  not  less  than  five 
hundred  dollars,  bearing  an  interest  not  exceeding  ten  per 
cent.,  for  such  amount  as  may  be  necessary  to  complete 
their  road  and  to  put  the  same  in  full  operation,  and  to 
sell  said  bonds  at  par  or  on  such  other  terms  as  said  com- 
pany may  agree  on. 

5  u.  Said  company  shall  also  have  the  right  to  enter  M.ir  t.-ik<!  innj 
upon  and  appropriate  to  its  exclusive  use  and  control  all  riiis  t)  cvo- 
and  singular  any  lands,  streams  and  materials,  of  every   ^'ructroad. 


iSo7.  loa 

kiuil,  lor  the  location  of  depots  and  stopping  stations,  for 
constructing  bridges,  dams,  embankments,  excavations, 
station  i^rounds,  spoil  banks,  turn-outs,  engine  houses, 
sliops  and  other  buildings,  necessary  for  constructing, 
completing,  altering,  maintaining,  preserving  and  complete 
opciations  of  said  road  ;  but  when  said  lands,  streams  or 
materials  belong  to  any  person  or  persons,  company  or 
corporation,  and  cannot  be  obtained  by  contract,  grant 
or  release,  the  same  may  be  taken  and  paid  for,  if  any 
damages  are   assessed,  as  provided   in  the   acts  to  which 

Dnjctn  this  is  an  amendment;  and  when  the  damages  assessed,  if 

any,  are  paid  or  tendered,  the  said  lands,  streams  and  ma- 
terials shall  be  vested  in  said  company,  provided,  that  if 
tlie  owners  of  any  lands,  streams  or  materials  taken  for 
any  of  the  purposes  provided  in  this  section,  or  for  the 
purposes  mentioned  in  the  acts  aforesaid,  shall  appeal  from 

H«r  pcuj.  the  assessment  of  damages  for  taking  the  same,  the  said 

company  may  tender  to  the  owner  or  pay  to  the  clerk  of 
the  court  to  wliieh  the  appeal  is  taken,  for  the  use  of  the 
owner  or  owners,  the  amount  of  damages  assessed,  and 
file  with  the  clerk  of  said  court  a  bond,  with  security,  to 
be  approved  by  him,  for  the  payment  of  such  additional 
dam  176  and  costs  as  may  be  awarded  against  said  com- 
pany, on  the  trial  of  said  appeal,  then  said  company  may 
take  possession  of  and  hold,  for  their  cxclusivo  u'^e,  such 
laud<,  streams  or  material",  in  the  same  manner  as  if  said 
appeal  had  not  been  taken. 

^  f..T,  n^-t-       §  1.     Said  company  shall  have  power,  by  mortgage  or 

Tgi^te  «cve  jg^j  ^f  tj.^j5t  Qjj  all  (.r  any  part  of  the  property  or  fran- 
chises owned  by  said  company,  to  secure  the  puymcjit  of 
such  bonds  as  said  company  may  issue  or  such  sums  of 
money  as  said  company  maj  agree  to  j>ay  for  any  purposes 
connected  with  the  construction  or  operation  of  the  rail- 
road aforesaid. 

uv  6*..'r  t  §  o.  Said  company  shall  have  power  to  construct  their 
SJtl'i'Li-'  road  rn  or  across  any  stream  of  water  or  water  coi^rse, 
—9.  road,  highway,  railroad  or  canal  which   the  route  of  said 

road  shall  intersect,  but  t!ie  C(jnipany  shall  restore  the 
Stream  or  water  course,  road  or  higliway  thus  intersected, 
to  l*s  former  state  or  so  near  theri;to  as  not  materially  to 
im-)dir  itj  usefulness.  When*  vtr  the  said  railroad  shall 
int*«r«ect  a  road  or  liighway  the  said  company  shall  have 
power  to  change  tlie  lir>e  of  sueli  road  or  liighway,  if  said 
change  shall  not  matfrially  irnj.  »ir  the  usefulness  of  such 
road  or  highway;  and  the  c(^m,)any  may  take  sucli  addi- 
tional lands  as  may  be  nf'ceH^nry  for  the  change  of  said 
roid  or  highway,  milking  cnrnjunsatiori  therefor,  to  be 
uieertaincd  a3  iu  other  casts  provided  by  the  acts  nforc- 
3aid. 


107  1857. 

5  G.  Tlie  said  company  shall  have  power  to  make  and  Bi-!^\^*. 
ordain  such  rules  and  by-laws  as  may  be  necessary  for  tlie 
go\erninent  of  liie  company,  its  servants  and  agents  ;  and 
the  certificate  of  the  secretary  or  principal  cleik  of  said 
company,  under  the  seal  of  said  company,  sjiall  be  received 
in  all  courts  and  places  as  evidence  of  said  rules  and  by- 
laws, the  appointment  of  agents  or  officers,  or  of  any  order 
of  said  company,  and  also  of  the  due  organiication  thereof. 

§  7.  In  all  cases  wiiere  subscriptions  of  stock  have  <^""'"y  <»"'«o»*i^ 
been  or  shall  be  made  to  said  C(»mpaiiy  by  any  county,  in  '"* 
pursuance  of  a  vote  of  the  county,  it  shall  be  the  duty  of 
the  county  court  of  each  county,  respectively,  to  levy  a 
sufficient  tax  to  p«y  the  interest  on  the  bonds  to  be  issued 
for  said  stock;  which  tax  shall  remain  in  force  until  said 
bonds  sliall  be  paid  off  ;ind  discharged;  nnd  said  tax  may, 
from  time  to  time,  be  increased  or  diminished,  so  as  to  pro- 
duce sufficient  funds  for  the  payment  of  interest. 

§  8.     The  said  company  may  commence   building  their  M.y    ccmmcpoe 
road  at  any  time  witliin  hve  years  Irom  the  passage  of  this  years. 
act,  and  shall  own  and  operate  such  part  as  may  be  com- 
pleted, notwithstanding  the  whole  road  may  not  be  finished. 

§  9.  The  directors  of  said  company  shall  have  power,  D'r<>^'"-8  vav 
while  engaged  in  the  construction  or  said  road,  or  so  much 
tliereof  as  lies  within  the  boundary  of  any  one  county,  to 
make  calls  of  the  stock  subscribed  by  said  county  or  by 
citizens  thureof,  as  said  directors  iray  esteem  necessary, 
without  mi. king  the  same  calls  on  other  counties  or  stock- 
holders residing  therein;  and  until  a  corresponding  call  is 
made  in  the  adjoining  county,  such  calls  shall  be  expended 
within  tlie  boundary  of  the  county  on  which  the  excessive 
CiiU  is  made. 

§  10.  When  said  company  shall  have  decided  to  unite  ^'"^'^  ^rateu 
their  road  with  any  other  railroad  authorized  to  be  built 
but  not  completed,  the  said  company  may  make  such  con- 
tract in  regard  to  the  building  of  said  road,  at  the  joint 
expeiise  of  the  two  companies,  as  to  them  may  seem  just 
and  equitable. 

§  11.     Sail    company  is   authorized  to  build   railroad  ^[''y         ^^^ 
bridges,  for  the  use  of  sai<l  road,  across  the  Illinois  river 
and  the  Sangamon  river,  leaving  across  the   Illinois  river 
a  sufficient  draw  and  space  fur  the  safe  passage  of  steam 
boats  and  other  river  crafts. 

§  12.  Said  company  shall  have  power  to  declare  for-  ^Jj^j^  iortcit«d* 
feited  the  stock  of  any  stockholder  who  shall  fail  to  pay 
the  installments  called  by  the  board  of  directors,  or  any 
one  of  said  calls,  within  sixty  days  after  said  calls  become 
due,  or  may  sue  for  ^ai<l  calls,  as  in  other  cases;  and 
twenty  days'  notice  shall  be  sufficient  for  the  maku)g  of 
such  calls,  instead  of  the  time  required  in  the  acts  afore- 
said j  which  notice  may  be  served  personally  or  by  advcr- 


1?5T.  lOS 

tisempiit  in  :i  newspaper  published  in  the  county  where  the 
stockholder  may  reside. 

J  1:>.  This  act  to  take  etfect  and  be  in  force  from  and 
after  its  passage. 
tuer  %j. :-:  r.-.-:  ^  \.[,  Slid  company  IS  hereby  authorized  to  hiy  off  and 
K;&.er.-...  pQpj.jj.jjp^  their  r:\ilr.):id,  on  thf  most  eligible  and  direct 
route,  between  Jacksonville  and  Pekin  ;  but  in  case  the 
road  rhall  not  run  through  either  of  the  points  between 
said  places  mentioned  in  the  original  charter,  tlie  said  com- 
pany shall,  as  soon  as  practicable  aft«;r  the  road  is  put  in 
operation,  build  and  operate  a  si.ie  track  to  such  point. 

§  15.     This  act,  as  also  the  oiiginid  charter  of  said  com- 
pany, and  the  act  amendatory  thereto,  shall  be  deemed 
public  acts,  and  shall  so  be  received  and  taken  notice  of 
in  all  courts, 
s**  5  !<!.     The  votes  taken  in  the  counties  of  Morgan  and 

u  -  Mason  ;nl  the  city  of  Pokin  for  subscribing  stock  to  said 

*r  p^iu.  '' ■  railroad  comjir.nyare  hereby  ileciared  to  have  been  legally 
made  and  taken,  and  stock  ?hall  be  subscribed  by  the 
county  courts  of  said  counties  and  the  proper  authority  of 
the  city,  in  pursuance  of  the  orders  under  which  said  votes 
were  taken,  and  bonds  shall  be  issued  for  said  subscriptions 
ace  "trdingly. 

Approved  Jan.  20,  1857. 


i»tar«r  j»3. 10,        AN  .\.CT  lo  aulhorii.e  tbc  county  of  Stephenson  to  borrow  money. 


IdJT 


Sectio.v   1.     Be  it  enaclcd  by  the  people  of  the  state  of 
ff/in  lis,  reprcHOitc'l  In  the   General  Jlsscvihfy^  Tiiat  the 
soft^*^  »T  board  of  .'Uperviiors  of  the  county  of  Stephenson  be  and 
^^Ati!"'    are  lioreby  empowered   and  authnri/id,  on  the   faith  and 
pledge  of  Srtid  county,  to  borrow  a  sum  of  money,  not  ex- 
ceeding fifty  thousand  dollars,  at  a  rate  of  interest,  not 
exceeding  ten  j)er   ctrnt.  per  annum,  for  a  term  not  less 
than  ten  nor  exceeding   twenty  years,  and  to  issue  the 
bond«J  of  the  county,  signed   by  the   clerk  of   the    county 
court,  tinder  the  seal  of  said   county  court,  and   countcr- 
figned  and  registered  by  tlie  treasurer  of  said  county, 
w.fi.i.  ■    ^.       §  -.     The  board  of  supervisor-?  of  said  county  are  hereby 
cmpowf-rcfl,  if)r  the  purj»ose  of  borrowing  money  as  aforc- 
saifl,  to  is'fue  the  boiid.i  (ff  Haid  coutdy,  executed  us  afore- 
.«f;iid,  in   num.*  not  exceeding  one    thousand    dollars   each, 
and  the  intere«t  thereon  may  h*-  paid  at  such  tunes  and 
placen  as  shall  be  exprefs«-d  m  f<aid  bonds. 
r  '  5  ?,.     Tho  money  borrowed  under  this  act  shall   be  ap- 

^  propriated    to  the   building  of  a  court   hoine   and  other 


lOU  1857. 

necessary  public  buildings  for  said  county,  and  to  the  pur- 
chasing ol'land  on  which  to  erect  said  buildings. 

5  4.     At  the  next  election  for  township  officers,  to  be  Q"<';'i'^nTOMuii. 

^      ,  ,  ,  •  -  iCu  to  tx  vote. 

held  in  the  several  townships  ot"  the  said  county,  the  ques- 
tion whether  or  not  this  act  shall  go  into  etiect  or  in  any 
manner  be  in  force  siiall  be  submitted  to  the  people  of  said 
county;  and  it  shall  be  the  duty  of  the  town  ck-rks  of  the 
several  tc^wnships  in  said  county  to  include  in  their  notices 
of  time  and  place  of  holding  their  next  annual  town  meet- 
ing, that  said  act  is  to  be  submitted  to  the  legal  voters  for 
their  approval  or  rejection;  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. 

§  3.  Every  person  voting  at  said  election  shall  have  Vote,  bow  given. 
the  right  to  use  a  ticket  or  ballot  with  the  words  written 
or  printed  thereon  "For  the  act  to  borrow  money"  or 
"Against  the  act  to  borrow  money,"  which  words  shall 
indicate  vote  of  the  elector  for  or  against  the  approval 
of  this  act;  and  upon  canvassing  and  counting  the  votes  n^^w canvawcd, 
each  clerk  of  the  election  shall  carefully  mark  down  the 
votes  given  upon  said  question,  in  seperate  columns,  pre- 
pared for  that  purpose,  headed  "For  the  act  to  borrow 
money" — "Against  the  act  to  borrow  money  ;"  and  the 
judges  of  tlie  board  ot  election  shall,  in  the  certificate 
required  to  be  given  of  the  result  of  said  election,  in- 
cluding the  number  of  votes  given  for  or  against  the  act 
to  borrow  money  as  aforesaid. 

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

Approved  Jan.  30,  1857. 


AN  ACT  approving  and  legalizing  the  construction  of  the  Camanche,  m./orco  Jan.  ao, 
Albany  and  Mendota  Railroad.  ^^^''^ 

Whkreas  the  Camanche,  Albany  and  Mendota  Railroad  Preamble. 
Company  became  a  body  corporate  and  politic,  on  tlie 
11th  day  of  September,  18-30,  by  filing  articles  of  as- 
sociation with  the  secretary  of  state,  in  accordance  with 
the  provisions  of  sections  one  and  two  of  an  act  entitled 
"An  act  to  provide  for  a  general  system  of  railroad  in- 
corporations," approved  November '),  1840;  and,wliere- 
as,  in  the  opinion  of  the  general  assembly,  the  construc- 
tion of  the  road  proposed  in  said  articles  of  association 
will  be  of  sufficient  public  utility  to  justify  the  taking 
of  private  property  for  the  construction  and  mainte- 
Dance  of  the  same;  therefore, 


IS.^ST.  110 

Suction  1.     Be  li  enacted  hy  the  people  of  the  state  of 
Utinois,  represented  in  the  General  %'lssemhlij^  That  said 

»n«,whPT*rr.»T  company  may  commence  and  construct  tlieir  roud,  from 

b«o>iaiL-*.uxi.  siiolj  jioint  as  may  be  deemed  expedient,  in  the  ti^n  of 
MenJota,  in  the  county  of  La  Salle,  through  the  counties 
of  La  Salle,  Bureau,  Lee  and  Whiteside,  ?7*a.  Prophetstown, 
to  such  point  as  may  be  deemed  expedient,  in  the  town 
of  Albany,  in  said  county  of  Whiteside. 

M«  tAt,'^  sr.i  ^  •^,  Said  company  may  take  and  give  bonds,  bearing 
any  rate  of  interest,  not  exceedinp;  ten  per  cent,  per  an- 
num, and  shall  have  and  may  exercise  any  and  all  powers 
and  be  entitled  to  any  and  all  immunities  which  are  con- 
ferred by  "An  act  to  provide  for  a  geniral  system  of  rail- 
road incorporations,"  approved  November  f),  1849. 

A««iefi:itM.  ^  ;^,.  W\  of  the  acts  done  and  contracts  entered  into 
by  said  company,  prior  to  the  passage  of  this  act,  are 
hereby  sanctioned   and  legalized. 

§  4.     This  act  to  take  effect  from  and  after  its  passage. 
Approved  Jan.  o<^,  1857. 


la  fere*  J»r.  5,        ACT  AN  to  incorporate  the  Union  Insurance  and  Trust  Company. 

I95T.  * 

Section  1.  Be  it  enacted  ht/  the  jicoplc  if  the  state  oj 
L'/inois,  rrprtscjittd  in  the  Gnicrat  ^^ss(7n'.</i/,   That  Ben. 

imtmtsfytMizt*.  L.  Wiley,  David  L.  Phillips,  Lewis  W.  Ashley,  and  their 
associates,  successors  and  assigns,  be  and  hereby  are  cre- 
ated a  body  corporate  and  politic,  umler  the   name  and 

Kmi*ot.  style  of ''The  Union  Insurance  and  Trust  Company;"  and 

by  that  name  shall  have  and  enjoy  all  the  rights,  privi- 
Irgps  and  immunities  that  other  like  corjjorations  have  j 
and  be  recognized  in  all  cotirts  of  justice  and  equity  in  this 
State,  for  the  term  of  fifty  years  from  the  passage  of  this 
act. 

ei^uiii>riL  §  2.     The  capital  stock  of  said  corporation  shall  be  fifty 

thousand  dollars,  and  may  be  increased  to  not  exceeding 
two  liMnilre«l  thousand  dollars,  at  the  discretion  of  the 
atockhoiders,  and  shall  be  divided  into  shares  of  one  hun- 
dred dollirs  each,  which  shall  be  considered  personal 
prop'Tly  and  be  assignable  and  transferable  only  on  the 
booki  of  the  company,  under  such  regulations  as  the  di- 
rectors may  c'tablish. 

(mv  I,  ifit  ^  '•'>.  When  the  K.iid  p.irty  and  their  associates  shall 
•  have  subscribed  fifty  thousantl   dollars  and  shall  have  paid 

in  five  dollars  on  each  share,  as  a  company  fund,  and  or- 
ganised by  choosing  th''ee  directors,  and  those  directors 
■hall  have  chosen  one  of  their  number  president,  and  ap- 
pointed tt  fecretary  and  treasurer,  and  filed  a  certificate  of 


Ill  1857. 

the  same,  under  seal  of  the  company,  signed  by  their  pres- 
ident and  secretary,  in  the  office  of  the  clerk  of  the  county 
of  Union,  it  shall  be  deemed  fully  organized,  and  enjoy  all. 
the  powers  herein  conferred. 

§  4.     Said  corporation  shall  have  power  to  make  and  Po^<5»  of  curpo- 
put  in  execution  all  such  by-laws  and  regulations  as  they 
may  deem  proper  for  the  well  ordering  of  its  affairs  :  Pro' 
vided^  they  be  not  repugnant  to  the  laws  of  the   United 
States  or  of  this  state. 

§  5.  The  company  shall  have  full  power  to  make  in-  insnranoe. 
surance  against  loss  by  fire  and  take  risks  on  buildings 
and  all  kinds  of  property,  and  charge  and  receive  such 
premiums  therefor  as  may  be  agreed  upon  by  and  be- 
tween the  parties,  either  upon  mutual  or  stock  princij)le, 
or  both  ;  and  also  to  receive  money,  bullion  or  otiier  valu- 
able commodities  on  deposit,  and  to  loan  the  same  and  ^^^  *"*"  •"' 
their  surplus  or  unemployed  capital  or  money,  on  person- 
al, real  or  other  security,  at  such  rates  of  interest,  not  ex- 
ceeding ten  per  cent-,  as  they  may  think  proper  ;  and  to 
xxse  any  ])art  of  their  capital,  in  order  to  facilitate  ex- 
changes, and  to  do  ^uch  acts  and  things  as  may  be  requi- 
site in  all  such  transactions  and  for  the  best  interest  of  said 
corporation. 

§  0.  The  real  and  personal  property  of  each  individual  LinMntJw  of 
stockholder  sliall  be  held  liable  for  any  and  all  losses  and 
liabilities  of  the  company  to  the  amount  of  stock  sub- 
scribed or  held  by  him  and  not  actually  paid  in.  In  all 
cases  of  losses  exceeding  the  means  of  the  corporatii'n 
such  liabilities  to  be  paid,  j^ro  ratn^  by  each  stock.'iolder, 
according  to  the  amount  ot  unpaid  stock  held  by  him. 

§  7.     The  business  of  the  company  shall  be  carried  on  DnMnwia,  «b«rt 
in  the  county  of  Union,  and  elsewhere  by  agencies,  as  the  '^" 
directors  shall  direct. 

S  8.     The  stock  and  affairs  of  said  corporation  shall  be  A«^t'^      tww 

,,,  ,.  ,1111  1  luaDigpa. 

managed  by  tliree  or  more  directors,  who  shall  be  stock- 
holders of  said  corporation.  They  shall,  after  the  first 
year,  bo  elected  annually,  and  shall  hold  their  otfifes  until 
others  shall  be  chosen  to  supj)ly  their  places.  Ten  days'  k'ccOn*. 
notice  shall  be  given  of  such  election  to  each  stockholder, 
by  public  advertisement  or  personal  notice,  and  shall  be 
made  by  ballot  by  majority  of  the  stock,  allowing  one  vote 
for  every  share,  either  by  person  or  by  proxy;  and  in  case 
of  the  death  or  resignation  of  the  president  or  any  director 
the  vacancy  may  be  filed  by  the  board  of  directors  or  by 
tlection  by  the  stockholders,  due  notice  being  given. 

§  9.  This  act  shall  be  and  is  hereby  declared  to  be  a 
pnblic  act,  and  the  same  shall  be  construed  librrally  for 
tlie  purposes  herein  granted,  and  shall  take  effect  and  be 
fn  force  from  and  after  its  passage. 

Approved  Jan.  30,  1867. 


1S5T.  112 

lo(v>rv«  J.ia.2?,  _\x  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Rockford 
•^"-  Female  Soniinary.'' 


1* 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
lUinuUi,  represeiittil  in  the  Ge/n?'a!  .-^.v^fmA/y,  That  the 
AMiMTiioi  to  board  of  trustees  of  the  Rocklord  Female  Seminary  (a 
kMrrwravirci.  ^^^^  Corporate  and  politic)  may,  and  they  are  iiereby  au- 
tlioiized  to  borrow  such  sum  or  sums  of  money  as  may  be 
necessary,  upon  suili  terms,  for  suci»  time,  and  at  such 
rates  of  interest,  not  exceeding  ten  per  cent,  per  annum, 
as  they  may  find  necessary  to  the  wants  of  said  seminary, 
or  desirable  and  useful  for  said  seminary  to  borrow  to  car- 
ry into  etft'ct  the  object  of  the  same. 
Hit  :^--omct:-  '  ^^  -•  The  Slid  bourd  of  trustees  arc  hereby  authorized 
to  issue  such  personal  secuiities,  by  \vay  of  promissory 
notes,  bills  of  exchange,  bonds  or  obligations,  in  evidence 
of  such  loans,  or  of  any  present  or  future  indebtedness  of 
the  said  corporation,  as  they  may  find  necessary  in  that  be- 
half, and  to  secure  the  same  by  way  of  mortgage  or  mort- 
gages, trust  deed  or  trust  deeds  upon  any  of  the  lands  or 
real  estate  or  interest  in  lands  or  real  estate  of  said  cor- 
poration as  tliey  may  judge  proper,  and  as  they  may  find 
necessary  or  proper  in  that  behalf. 
Approved  Jan.  30,  1857. 


riuc». 


looirpontort. 


•irWof. 


Ufoaor  J«n  SO,  AN  ACT  to  incorporate  the  Shawnee  Oil  Company. 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  oj 
Jllinnis^  ripresentvd  in  the  (ieneral »1ssenibly^  That  George 
W.  Meriwether,  Joscj)]!  Bowles  and  .Jonas  II.  Rhorer,  and 
their  associatci?,  successors  and  assigns,  he  and  are  hereby 
created  a  body  politic  and  corporate,  under  the  name  and 
style  of  "The  Shawnee  Oil  Company,"  and  under  and  by 
that  name  they,  and  their  associates  and  successors,  shall 
liave  succession,  atid  a  cotiiinon  seal ;  contract  and  bo 
contracted  with  ;  sue  and  \>v.  sued  in  all  courts  and  places 
as  natural  j)er.sons.  Th^y  shall  have  power  to  make  such 
by-laws,  rules  and  reguIaljcHis  as,  from  time  to  lime,  they 
may  deem  necessary,  for  the  government,  management 
and  prosecution  of  the  business  of  said  com])any,  not  in- 
consist'-nt  with  the  constitution  and  laws  of  this  state  and 
the  United  States.  They  shall  apjjJiint  a  board  of  ihrcn 
directors,  which  board  shall  ap|)oint  one  of  it'<  members 
president  of  the  comjiany  ;  and  said  hoard  shall  also  ap- 
point such  other  officers  and  servants  as  the  by-laws  o^ 
the  company  may  i)rovidc  and  auUiorizc. 


Br<4« 


113  1857. 

§  '2.  The  capital  stock  of  the  company  shall  be  one  Capital itocw. 
hundied  tliousand  ciolIar.s,  divided  iutooin;  Imndred  shares 
of  one  thousand  dollars  each,  and  the  holder  ot  each  share 
shall,  either  by  hini?elf  or  by  proxy,  be  entitled  to  cast  one 
vote  upon  all  questions  to  be  decided  by  a  vote  of  the 
stockholders. 

§  -).     The  company  may  receive,  purciiasc  and  hold  such  For  what  pnrpo»« 

I        i    i  ■    ■  -I.  1-1  /f  -1.1  X        jucorp»rateiJ. 

real  pstatu,  mining  riglits,  and  riglils  ol  way,  m  tlie  county 
of  Gallatin,  for  the  purpose  of  mining  coal  and  transporting 
the  same  to  any  home  or  foreign  market,  and  '^f  manufac- 
turiiig  oils  out  of  and  from  coal  and  transporting  the  same 
to  any  home  or  foreign  market,  as  may  be  necHs>5ary  to  the 
success  ul  prosecution  of  their  business  and  the  execution 
of  the  powers  herein  granted  ;  and  bhall  have  power  to 
construct  such  wagon-ways,  railways  and  appurtenances 
thereto,  on  and  from  the  laiuls  of  the  company,  when  re- 
quired as  aforesaid,  to  such  point  on  the  Oliio  river  as 
they  may  deem  expedient,  not  exceeding  in  length  ten 
miles. 

•  §  4.  Certificates  of  stock  shall  be  issued  to  the  holders  certiflmei  ft 
thereof,  whenever  the  same  sliail  be  paid  for,  and  the  same  yjie,  "■'"•'''" 
shall  be  transfer  ible  on  the  books  of  the  company  ;  but  no 
stock  shall  ^te  transterrcd  by  any  person  until  all  tiie  debts 
and  demand:^  ot  the  companj  against  such  person  shall  iirst 
have  been  paid  and  disciiarged  ;  and  for  all  sucii  debts  and 
demands  the  company  shall  have  and  hold  a  lien  on  tiie 
stock  of  every  person  so  indebted  to  the  company. 

§  5.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Approved  Jan.  30,  1857. 


AN  ACT  to  authorize  the  town  of  Jpfferaon,  in  Cook  county,  to  build  a  infortr  j.-lh.  3«. 
town  house,  and  to  levy  a  tax  therefor.  1357. 

Section  1.  Be  it  enacted  hij  the  people  of  the  state  of 
lllinovi^  represented  in  the  Geiieral  .Issemhlijy  That  the 
town  of  Jvfferson,  in  Cook  county,  is  authorized  to  pur-  Miy  rnrth 
chase  or  receive  as  a  donation  a  lot  and  erect  a  building  Lu.KiTni.  ' 
thereon,  to  be  used  for  town  meetings  in  such  town  and 
for  sucli  otlior  public  purposes  as  the  trustees  hercinaftt  r 
named  may  authorize. 

§  -.  The  electors  at  any  annual  town  meeting  may  de-  t»T,  how toi«<i 
termine  what  sum  shall  be  appropriated  for  the  purpo-^e 
aforesaid  ;  and  the  amount  so  voted  shall  be  asse.-sed, 
levied  and  collected  in  the  same  manner  as  other  town 
taxes  are  assessed,  levied  and  collected  ;  and  ail  taxes 
heretofore  levied  for  that  purpose  are  herel)y  legalized. 
—30 


lion  of. 


1S5T.  114 

**'^'ri''''  "  ^  *'*  '^''^  cxpemlituie  of  such  moneys  and  the  control 
ami  use  of  such  building  shall  be  made  and  exercised  by  a 
board  of  three  trustees,  to  be  chosen  at  such  annual  town 
meeting,  and  to  be  called  the  trustees  of  the  town  house  ; 
and  until  such  trustees  shall  be  chosen,  at  the  next  annual 
town  metting  after  the  passage  hereof,  the  following  named 
persons  shall  constitute  such  trustees,  viz :  N.  Kimball, 
Robert  J.  Edbrook  and  David  S.  Roberts. 

T.-a«!c*«.  cw-  ^  4.  At  the  next  annual  town  meeting  held  after  the 
passage  of  this  act  there  shall  be  elected  by  the  qualitied 
electors  of  said  town  three  trustees,  who  shall  hold  their 
otHces  respectively  lor  one,  two  and  three  years,  and  un- 
til their  successors  shall  be  chosen  ;  their  respective  terms 
of  ortlce  to  be  determined  by  drawing  lots.  Said  trustees 
shall  choose  oi;e  of  their  number  treasurer,  and  j)rescribe 
the  amount,  conditicn  and  securities  of  the  bond,  to  be 
givt'U  by  such  treasurer;  and  no  money  shall  be  paid  out 
by  the  treasurer  without  the  written  order  of  a  majority  of 
such  boards. 

Tru.ie.  -  u  rniko  ^  -j.  Said  board  of  trustces  shall,  annually,  at  the  regu- 
lar town  meetings,  report  in  writing,  fully,  their  doings  as 
trustees.  They  shall  have  the  same  compensation  as  is 
now  provided  by  law  for  the  payment  of  commissioners  of 
highways  in  said  town,  to  be  paid  in  the  same  manner. 

§  0.     This  act  shall  be  in  force  and  take  elfect  from  and 
after  its  passage. 

Approvkd  Jan.  30,  1857. 


rcp'M. 


la  fore*  J»B.  M,  AN  ACT  for  the  relief  of  the  Rockford  Hotel  Company. 

ISS7.  ' 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  vf 
Il/iuiiis^  rcjjrfsciUed  in  the   Gcncinl  ^isscinbh/,  Tiiat  the 

ii.T«'>Tn»«  m..  directors  of  the  Itockford  Hotel  C(jinpany,  a  body  politic 
"•'  and  corporatr,  are  hereby  authorized  to  borrow  such  sum 

r/f    wjui  rn:-  or  .stnn.<!  i»f  m  mey  cs  thf-y   in.iy  find  necessary  to  pay  the 

''^  d**ht>«  <;f  Kuch  corporati 'n,  or  i'tr  the  other  wants  of  said 

corporation,  upon  such   terms  and  at  such    rates  of  inte- 

re»t,  not  exceeding  ten  piT  cent,  per  annum,  us  they  may 

judge  proper  in  that  behalf. 

Mm/ii«MU«i<t»  5  -•  '^''*^  "^''^  director.?  are  herohy  authorized  to  issue 
to  ail  per."«on»  of  wliom  they  may  l)orrow  such  moneys  or 
to  any  other  creditors  f»f  said  corporation,  including  tlio 
present  creditors  thf-reof,  such  bonds  of  said  corporation, 
promissory  notr«,  and  otiicr  |)«r.sonal  securities,  a.s  tiiey  may 
judge  Dec«ssary  in  that  behalf;  and  they  are  also  hereby 
authorized  to  secure  the  said  personal  securities,  by  mort- 


115  1857. 

gage  or  trust  flecd,  or  both,  on  any  lands  or  real  estate  of 
said  corjioratioM. 

§  o.  All  such  personal  securities  or  mortgages  hereto-  securities  hirc- 
fore  issued  and  executed  by  the  said  Rockford  Hotel  Com-  uctiartd  vaii.i. 
pany,  to  aiiy  person,  to  secure  to  said  person  the  payment 
of  any  loan  of  money  to  the  said  corporation,  or  for  the 
payment  of  any  indebtedness  due  or  owing  by  the  said  cor- 
poration, are  hereby  declared  to  be  valid  and  effectual -in 
law  against  the  said  corporation,  in  favor  of  any  bona  fide 
holder  thereof,  and  as  such  shall  be  held  in  all  courts  of 
law  and  ecjuity  in  tliis  state,  to  the  same  extent  and  in  the 
same  manner  as  such  securities  and  mortgages  would  have 
been  lield  and  enforced  in  said  courts  had  the  powers 
herein  contained  been  contained  in  the  original  act  under 
which  said  corporation  was  organized  ;  and  such  securi- 
ties and  mortgages  as  aforesaid  shall  be  fully  and  in  all 
respects  enforced  in  said  courts,  any  law  to  tiie  contrary 
notwitlistanding. 

Approved  Jan.  30,  1857. 


AN   ACT  to  authorize  the  transcribing  certain  records   in   '\villiam30n  In  force  Jan.  so, 

county.  1867. 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  oj 
Illinois,  represeJited  in  the  General  ^^ssenibly,  Tiiat  the 
county  court  of  Williamson  county  is  hereby  autiiorized  to  rrovwc  boik*. 
provide  suitable  books,  into  whicli  the  clerk  of  the  county 
court  of  said  county  shall  transcribe  all  the  probate  records 
of  said  county,  up  to  and  including  the  December  term, 
A.  D.  1853,  and  that  a  complete  index  be  made  thereof. 

§  2.  That  the  said  clerk  shall  transcribe  the  records  of  cierk  to  tr«n- 
and  concerning  the  applications  and  sales  up  to  and  in-  scribe  record 
eluding  the  year  1855,  for  taxes  and  cost  due  thereon  ;  for 
which  services  the  said  county  court  shall  pay  the  said 
clerk  of  said  county  court,  out  of  any  moneys  belonging  to 
said  county  not  otherwise  appropriated,  at  the  same  rate 
now  allowed  by  law  for  recording  and  indexing,  figures 
inclusive. 

§  0.     That  the  said    county  clerk  shall  affix  in   and  to  neooniubocef- 
each  of  the  books  in  which  said  records  shall  be  transcribed    ''^*^ 
his  certificate   as  to  the  correctness  of  the  same,  and  that 
the  books  and  records  so  transcribed  shall  be  as  good  and 
valid,  in  every  respect,  as  the  original. 

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

Approved  Jan.  30,  1857. 


1857. 


116 


PeclaiT>1   an   in- 


ttrie  oi. 


u  r«>rvd  Jia.  sx  AX  ACT  to  amend  nn  act  entitled  '-An  act  to  incoiporixte  the  Illinoia 
•^■'-  Wo.sU-yaii  University,-   approved  Feb.  liih,  1853. 

SrcTioN  1.  Jie  it  enacled  hi/  'he  people  of  the  state  oj 
I//inoi.^,  7'epresented  in  the  Grncra/  ^'Jssetnh/t/,  Tliat  tlio 
first  section  of  an  act  entitled  "An  act  to  incorporate  the 
Illinois  Wt'sleyan  University,"  approved  February  12th, 
18r)o,  be  so  amended  that  the  trustees  therein  named,  and 
their  successors  in  otfiie,  ^hall  be  a  body  corporate  and 
politic,  by  the  name  and  st}l.>  of  "The  Trustees  of  the 
Illinois  Wesley  an  l^nivcrsity." 

*!2!?^cu*^^"^'"  "^  '-•  ^'''  ^''A^'^'^^  enacted,  That  sections  third  and 
fourth  of  s;\id  act  bo  so  amended  tliac  said  tiniversity  sliall 
be  under  the  patronnc;e  of  the  Illin()is  and  Peoria  annual 
conference  of  the  Methodist  lipiscopal  Church  and  such 
other  annual  confercncrs  of  said  church  as  shall  hereafter 
unUe  in  the  patronage  of  said  university;  and  that  the 
trustees  of  said  university  shall  hereafter  be  elected,  by 
said  conferences  eUctinir  an  equal  number  of  trustees  ;  and 
that  the  joint  visiting  committee  appointed  by  said  con- 
ferences sh«ll  have  the  right  to  nominate  the  president  of 
said  univerr^ity,  but  no  vote  in  his  election. 

§  o.  So  mueJi  of  said  act  of  February  12th,  1853,  as 
condicts  with  t!iis  act  is  hereby  repealed. 

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

Approved  Jan.  30, 1857. 


la  for:*  Jan.  30,  AX  ACT  to  amend  an  act   ontidpl  '*An  act  to  empower  tlio  tmnteea  of 
1W7.  tbe  First  Baptist  Cburcli  and  Society,  of  Lockjjort,  to  convey  real  estate. 

Section  1.  Be  V  oar  ted  hy  the  jn'uptc  of  tfie  state  <f 
UlinoU,  represenledin  the  General  Jhsemhlu ,  That  so  much 
vrMi«<Hi  u  r«.  of  an  act  entitled  "An  act  to  empower  the  trustees  of  the 
Tirr**ic~ui«.  Y\x?,\,  Baptist  Churcli  and  Society,  of  Lockport,  to  convey 
real  estate,"  approved  F»d)ruary  t»,  1J^55,  as  describes  the 
real  tstnte  therein  referred  to,  be  and  the  same  is  hereby 
amend<(l,  by  .substituting  the  v/ords  ''block  sixty-four, 
in.stnad  of  "block  sixty-two,"  as  in  said  original  act. 

\  2.     This  act  to  i  e  in  force  from  and  after  its  passage. 

Ai'PRovEu  Jan.  UO,  1857. 


117  1857. 

AN  ACT  to  incorporate  the  Prairie  City  Acad'^inV.  mrtrcc  Jan.  30, 

^  ^  1507. 

Section  1.     Be  it  enacted  hy  the  people  (J  the  state  of 
lllinoh^  reprcfientrd in  the  General ^^'semhhf ,  That  Samuel 
Shaw,Pt.t»^  Christian,  Henry  W.  Kreider,  David  S.  John-  incoryorafcrf. 
son,  John  I.  Fasli,  Ezra  Cadwalder,  Benjamin  C.  Johnson, 
and  Alonzo  L.  Kiuiber,  and  tlieir  ."successors,  he  end  they 
are  hereby  created  a  body  politic   and  corporate,  to  be 
styled  and  known  by  the  name  of  "The  Trustees  of  Prairie  siyi»of. 
City  Academy  ;"  and  by  that  style  and  name  to  have  per- 
petual succession;  witli  power  to  co  itract  with,  sue  and 
be  sued,  plead  and  be  impleaded  ;  to  acquire,  hold,  use 
and  convey  property,  real,  personal  and  mixed  ;  to  use  a 
common  seal,  and  the  same  to  alter  or  change  at  pleasure; 
to  make   and    alter  by-laws,  for  the   government  of  the  Dy.awi. 
same  :   Provided,  such    by-laws   do  not    conflict  with   the 
laws  of  the  United  States  and  of  t[ii.<?  state. 

§  2.     Ti»e  number  of  trustees  siiall  never  exceed  eight,  xumbcr  ofuus- 
exclu'^ive  of  the  president,  w!io  shall,  ex  officio,  be  a  mem-   ^^'^^' 
ber  of  the  board.     The  majority  of  the  trustees  shall  con- 
stitute a  quorum  to  transact  business. 

§  o.  The  oflicers  of  the  board  shall  con.«!ist  of  a  presi-  omcers. 
dent,  secretary  and  treasurer,  but  they  shall  not  be  of  the 
trustees.  Th«  treasurer,  or  any  other  officer,  may  be  re- 
quired to  give  bond  and  security  for  the  faithful  discharge 
of  the  duties  required  of  them  by  the  board.  The  presi- 
dent, in  all  cases  of  a  tie,  shall  give  the  casting  vote.  The 
appointment  of  said  president,  secretary  and  treasurer, 
shall  be  by  the  trustaes. 

§  4.  The  trustees  shall  have  power  to  appoint  a  prin-  Peters  <.i  uu.- 
cipal,  and  other  teachers,  as  may  be  necessary  ;  to  ap- 
point one  general  agent;  and  to  fix  the  compensation  of 
the  principal,  teachers,  general  agent  and  other  academical 
expenses;  to  |)rescribe  and  regulate  the  course  of  studies  ; 
to  exercise  all  power  and  privileges  usually  conferred  on 
such  institutions  ;  to  erect  the  necessary  biiildi.Mgs  ;  to 
purchase  books,  chemical  and  philosophical  and  other 
suitable  means  of  instruction.  Tiiey  are  also  vested  with 
sucli  power  to  instituteand  confer  sucli  academical  degrees 
as  ari'  u'=;ually  conferred  by  colleges  in  tliis  state,  and  grant 
diplomas  accordingly: 

S  5.  In  its  different  departments  the  said  academy  shall  ""^"'"1*^",'"  .',? 
be  opened  to  all  religious  denominations,  and  the  profes-  religions  u*. 
sion  of  any  religious  lailli  shall  not  be  required  in  order  to 
admi<5^^ion,  but  student?  who  are  idl*^,  vicious,  and  wiiose 
characters  are  immoral,  may  be  suspended  or  exj)elled. 
Nothing  in  thi5  section  or  any  other  section  of  this  corpo- 
ration shall  be  so  construed  as  to  prohibit  tl.e  use  o{  the 
buildings  for  religious  worship  or  for  scientific  exhibitions 
and  lectures,  if  the  trustees  are  in  favor  thereof. 


1S57.  118 

Ac*>i*«T,  whcr*      §  ^^     Tlie  academy  shall  be  permanently  located  within 

!*.-At«o.  pj.  near   the  village  of  Prairie   City,  McDoiiuiii^li   county, 

Illinois,  on  suoh  groinul  as  the  trustees  may  deem  best. 
All  property  devised,  be(]ueatlied,  grants  d  or  convcyi-d  to 
the  corporation,  shall  be  applied  to  the  ohjrctf  and  pur- 
poses expressed  in  the  devise,  bequest,  grant  or  convey- 
ance, when  accepted  by  the  trustees. 

TTttM«««,  «hon  ^7.  The  trustees  shall  be  elected,  yearly,  by  the  stock- 
•(•CW.1.  holders  nt' said  academy,  on  such  time  or  times  as  niav  be 

llxed  by  the  board  ot  trustees.  Tlie  president,  with  the 
concurrence  of  two  of  the  trustees,  or  any  three  of  the 
trustees  shall  have  power  to  call  a  special  meeting  of  the 
board.  The  trustees  shall  have  power  to  fill  vacancies 
that  may  o«-cur  in  the  interim,  by  the  appointment  of  qual- 
ified ptrsuns  ;  and  in  case  of  a  failure,  at  the  proper  time, 
they  shall  continue  in  office  until  their  successors  are 
chosen.  In  case  of  a  failure  of  a  quorum  at  any  mt  toting, 
said  meeting  may  adjourn,  from  day  to  day,  until  a  quorum 
can  be  obtained. 

■•joruT o< irui-  §  '^.  The  majority  of  the  trustees,  the  president  and 
rt^tmT.^^ut'-  p^i'if^'I^''^  shall  be  memhi  rs  of  the  Freewill  Baptist  denom- 
"•'  ination,  and    on   ceasing   to   be  such    members,  that  "from 

thenceforth  cease  to  be  such  trustees. 

c        -    .  v..  1       §  '•'.     The  trustees  of  any  school  clistrict  may  apply  the 
'■'^  common  school  fund  to  any  scholar  or  sclmlars  who   may 
attend  this  academy  in  prelerence   to  the   district   school, 
the  principal  of  the  acaiiemy  giving  them  a  receipt   there- 
for, according  to  the  amount  and  time  sent. 

j.,k  5  1".     The    stock   of  said    corporation   shiill   consist  of 

.shares  of  fifty  dollars  each,  to  he  subscriljed  for  in  the 
manner  tiiat  ihe  trustees  shall  direct,  and  whicii  shall  he 
deemed  personal  property  and  shall  he  transferable  on  the 
botiks  of  said  cr>rporation,  in  such  manner  as  the  board  of 
trusters  may  jireseribe;  and  each  stockholder  so  con- 
stituted sIihU  be  entitled  to  a  vote  for  each  and  every 
share,  upon  all  business  conferred  uj)on  them  by  the  cor- 
pora! ion. 

a,,,  ^  11.     After  the  pa)  ment  of  all  the  expejises  of  tlie  cor- 

poration, in  keeping  up  the  buildings,  tuition  and  such 
other  expenses  as  the  trustees  may  think  proper,  arising 
out  of  tlie  corporation,  then  the  ov«*rpIus  arising  from  the 
TctAi  or  profits  of  buildings  or  otherwise  shall  he  di\ide<l, 
atinu'cill) ,  an<l  applied  nn  the  tnitifin,  according  to  the 
amourit  each  Htotkhfdder  ni.iy  have  sr-nt,  being  entitled  to 
one  iicliular  for  every  share. 

rr«v^trn*»f4       §  12.     >Said   inftitution  fhall  he  entitled  to  a  suit  of  the 

r'«itM«uv«.    J,  p^  pimp  I,  J  Iff  b,.  collected    under  the  fourth  Fiction  of  an 

act  (it  a  geological  iuid  mineralogical  survey  of  the  state, 

approved  February  iVth,  1^'»1  ;  and  tin- liind.«i,  lots,  build- 

ingf,  lihrar},  chemical,  philosophical  or  other  apparatus. 


119  18o7. 

belonging  to  said  corporation,  is  and  the  same  shall  be 
forever  exempt  from  taxation,  for  Ftate,  county  or  cor- 
porate purpose?,  and  also  exempt  from  execution  for  other 
than  debts  or  demands  against  said  corj)oration,  in  its  cor- 
porate cajiacity  and  liabilities. 

§  18.  This  act  to  be  in  force  from  and  after  its  pas- 
sage. 

Approved  Jan.  30,  1857. 


AN  ACT  to  reduce  the  law  incorporatinjr  the  city    ot    Galena  and  the  Infono  Jan.  30, 
fleveriil  acts  amendatory  thereof  into  one  act,  and  to  ajicnd  the  same,  '^*^' 

and  for  otiitr  pur|>09*>8. 

• 

Section  1.  Be  it  enacted  hy  the  feople  of  the  state  of 
Illinois,^  represented  in  the  Genera/  Jlssembly^  That  the 
present  cit}  tf  Galena  and  all  that  di'^trict  of  country  ad-  BoundariM. 
joining  thereto  and  embraced  in  tlie  following  limits,  in 
Jo  Daviess  county,  and  state  of  Illinois,  known  and  de- 
scribed as  follow.,  to  wit :  Commencing  at  the  northeast 
corner  of. section  thirteen,  in  township  twenty-eight,  range 
one  west  of  the  fourth  jjrincipal  meridian  ;  thence  west,  to 
the  northeast  corner  of  section  fourteen  ;  thence  south,  to 
the  northeast  corner  of  section  twenty-tiiree;  thence  west, 
on  the  sectional  line,  to  the  centre  of  section  fourteen 
and  twenty- three;  thence  south,  through  the  centre  of  sec- 
tion twenty-three,  to  the  section  line  dividing  sections 
twenty-three  and  twenty -six;  thence  west,  to  the  north- 
east corner  of  section  twenty-seven  ;  thence  southwest- 
wardly,  through  the  centre  of  section  twenty-seven,  to  the 
Mississippi  river,  on  the  jurisdiction  line  of  the  states  of 
Illinois  and  Iowa,  on  said  river,  opposite  and  above  the 
mouth  of  the  Tete  des  Morts  ;  thence  down  sai.l  river,  on 
the  jurisdiction  line,  to  a  point  opposite  section  ^  ffo\  tlience 
by  a  straight  line,  northeastwardly,  diagonally,  through 
sections  two  and  thirty-six,  to  the  corner  of  sections  twen- 
ty-five, twenty-nine,  thirty- two  and  thirty-six,  on  the  me- 
ridian line;  thence  east,  to  the  corner  of  sections  twenty- 
eight,  twenty-nine,  thirty-two  and  thirty-three;  thence 
north,  to  the  corner  of  sections  twenty,  twenty-one,  twen- 
ty-nine and  twenty-eight ;  thence  east,  on  the  section  line, 
between  section  twenty- one  and  twenty-eight,  to  the 
centre  of  said  sections;  thence  north,  through  the  centre 
of  section  twenty-one,  to  the  section  line  ot  section  six- 
teen; tlience  east,  to  the  northeast  corner  of  section  twen- 
ty-one ;  thence  north,  to  the  northeast  corner  of  section 
sixteen;  thence  west,  to  the  principal  meridian;  thence 


laUuU. 


Tk&tblv    \iS'i! 


1W7.  120 

norths  to  t!ie  place  of  be<Tlnninnr,  being  on  the  oast  and  west 
side  of  the  fourth  principal  nifridian,  in  Jo  Daviess  county, 
shall  be  and  continue  a  body  politic  and  corporate,  in  fact 
and  name,  under  the  style  and  name  of  the  ''City  of  Ga- 
lena." 
■•me  v»j  oo'.->->-  ^  li.  The  inhnbitpnts  of  said  cily  shall  be  a  corporation, 
by  the  name  and  style  of  the  ''City  of  Galena,"  and  by 
that  name  sue  and  be  sued,  complain  and  defend  in  any 
court  ;  make  and  use  a  common  seal,  and  alter  .the  same 
at  pleasure,  and  i\o  all  acts  as  natural  persons,  and  may 
hold,  exercise  and  enjiiy  all  jiowers,  rights  and  privileges 
and  b^»  subject  to  all  the  duties  and  obligations  now  per- 
taining to  or  incumbent  upon  the  city  of  Galena,  except  so 
far  as  the  same  be  altered,  modified,  enlarged  or  restrain- 
ed by  this  pct;  and  make,  take,  hold,  purchase,  loan  and 
convey  real  and  personsil  or  mixed  ("^tale,  as  the  purposes 
of  thi*  cor))()ration  may  require,  within  or  without  tlu'  lim- 
its aforesaid.  No  lands  l}ing  within  the  corporate  limits 
hereby  created,  not  laid  out  in  town  or  city  lots  of  less 
size  than  five  acres,  shall  be  taxed  by  saifl  city  at  a  higher 
rate,  in  proportion  to  their  value,  than  other  lands  are  tax- 
ed lying  out  (.f  said  city,  and  within  the  cou»ity  of  Jo  Da- 
viess ;  and  all  otiier  lands,  town  or  city  lots,  laid  out  in  Jess 
than  five  acres,  within  the  new  liinit'^,  shall  be  taxed  at  the 
same  rate  as  other  property  within  sail  city  :  Proviitcdy 
and  the  city  council  are  herebj  required  to  expend  one- 
half  the  taxes  collected  from  IIk;  real  estate  outside  of 
the  ohl  limits  o(  said  city,  for  th«'  period  of  (wv  years,  in 
opening  and  imprnvijig  streets,  hwies  and  avenues,  and 
other  public  improvements,  in  the  new  limits  hereby 
created. 

The   city  council  of  the  new  city  of  Galena   shall,  ai 
foon  as  practicable  after  the  passage;  ol  thi*;  act,  »;a\ise  said 
^„,.  citylimiis,  her*  in  incorporatrd,  to  l-c   dividid  into  wards, 

in  such  manner  as  to  include  an  equal  number  of  the  in- 
habitants in  each  ward,  a*-  near  as  may  bo  conveniently 
don*-,  regard  being  had  to  streets  as  well  as  other  defined 
boiindari^s  of  said  wards,  land  publish  the  boundarifs  of 
said  ward>«]  in  the  corporation  jtapcr;  and  after  the  first 
cdeclion  of  jitficers,  whi  di  shall  I.  j  under  the  disti  icting  here- 
in provided  for,  it  shall  and  may  be  lawful  for  the  city 
council  thereafter  to  alter  the  came  or  increase  the  number 
thereof. 

OffictTH — Tin ir  I'Jcition  ninl  t^jipnint/nenls. 

c%*r  '!  ru   »-<?       §   !•     The  HiUnicipHl  gov*  rnment  of  the  city  shall  con- 
*****    •'  *■''  jii<itof  a  cily  council,  ompofled  of  the  mayor  and  two  al- 
dermen from  each  ward.    'Jhe  other  oflieers  of  the  corpora- 
tion shall  be  as  followa  :     A  ch  rk,  un  attorney,  a  treasur- 


121  1857. 

er,  an  auditor,  a  school  agent,  a  marshal,  a  board  of  school 
inspectors,  a  board  of  health,  one  chief  and  a  first  and  sec- 
ond assistant  enj^ineers  of  the  fire  depurlment,  one  or  more 
collectors,  one  or  more  surveyors,  one  or  more  assessors, 
one  or  more  harbor  masters,  three  trustees  of  schools  for 
eacli  school  district,  one  or  more  healtli  officers,  one  or 
more  niaike*^  clerks,  three  inspectors  of  elections  for  each 
ward,  aiid  as  many  firemen,  fire  warden?,  constables,  po- 
licemen, watciimrn,  sealers  of  weights  and  measure^-,  in- 
spectors, measurers,  weighers,  gaugers,  sextons  or  keep- 
ers of  burial  grounds,  keepers  and  assistants  of  alms-houses, 
work  hou.st^,  public  buildings,  hcpitals  and  city  ])rison 
or  housi;  of  correction,  belhnan,  common  criers,  scaven- 
gers, and  such  other  officers  and  agents  as  the  city  coun- 
cil may  from  time  to  time  direct  and  appoint. 

§  2.     An  election  shall  be  held  in  each  of  the  wards   of  ^iwc  of  honing 

.,.,  I         f        J    \  r  1  •       nr  t      •  I  L       P'ectionB         for 

said  City,  on  the  first  Monday  in  March,  in  eacli  year,  at  such   corpjriiUon  om- 
place  as  t!ie   city  co\incil  may  appoint,  and  of  which  six    '^'■''^''' 
days'  previous  public  notice  shall  be   given  in   the  corpo- 
ration ])aper,  or  written  or  printed  notices,  in  three  public 
places  in  each  ward,  by  the  city  clerk. 

§  3.  At  the  annual  election  there  shall  be  elected  by  the  Annxi«i  ciocuoa. 
qualified  voters  of  said  city,  a  mayor,  treasurer,  auditor, 
attorney,  collector,  surveyor,  assessor,  harbor  master, 
street  commi>sioner.  And  the  person  having  the  highest 
number  of  votes  in  the  whole  city  for  either  of  such  offi- 
ces shall  be  declared  duly  elected.  At  the  same  time  the 
directors  in  their  respertive  wards  shall  vote  for  two  alder- 
men, and  the  persons  receiving  the  highest  number  of  votes 
cast  in  the  ward  for  aldertnen  shall  be  declared  elected. 
If  for  any  cause  the  officers  herein  named  sliall  not  be 
appointed  on  the  second  Monday  of  March,  the  city  coun- 
cil may  adjourn,  from  time  to  time,  until  such  ajipointments 
are  made.  If  there  should  be  a  failure  b}'  the  j)eop!e  to 
elect  any  offii^er  herein  required  to  be  elected,  the  city 
council  may  forthwith  order  a  new  election. 

[§  4.]  The  officers  elected  by  the  people  under  this  act 
shall  respectively  hold  their  offices  for  one  year  and  until  D^n-T'^i-  \p  oi- 
the  election  and  qualification  of  their  successors,  respec- 
livel)'.  All  other  officers  mentioned  in  this  act,  and  not 
otherwise  specially  provided  for,  shall  be  appointed  by  the 
city  council,  by-ballot,  on  the  second  Monday  of  March,  in 
each  year,  or  as  soon  thereatter  as  may  be,  and  respective- 
lyfcontinue  in  office  during  the  pleasure  of  the  city  coun- 
cil. Officers  elected  or  appointed  to  fill  vacancies  .shall 
respectively  hold  lor  tiie  unexpired  term  only,  and  until 
the  election  or  app^intmen*  and  qualification  of  their  suc- 
cessors. 

§  5.   '  Every  person  appointed  to  any  office  by  the  city  nm  or.!?    fr«ni 
council,  or  elected  to  any  office  by  the  people,  may  be  re-   '''^"^* 


•««•. 


1857.  122 

moved  (rem  ^ncU  office  by  a  vote  of  th('  majority  of  nil  the 
aldermen  auilurized  by  law  to  be  elected,  but  i\o  officer 
shall  be  removed  except  for  cause,  nor  unless  furnished 
with  the  cliarges  and  heard  in  his  defence  ;  and  the  city 
council  shall  have  power  to  con.pel  tlif*  attendance  of  wit- 
iK'>ses  and  the  production  of  pipers;  when  necessary  for 
the  purpose  of  such  trial,  and  shall  procoed,  within  ten  days, 
to  hear  and  determine  upon  the  merits  of  the  cause;  and  if 
such  officer  shall  neglect  to  appear  and  answer  to  such 
charges  then  the  city  council  may  declare  the  office  va- 
cant. 

T»c»a:;o4  la  c-      §  ^3.     Whenever  any  vacancy  siu»ll  happen  by  the  death, 
•*••  removal,  resignation  or  otherwise,  of  any  officer  elected  by 

the  people,  such  vacancy  shall  be  hlled  by  a  new  election, 
and  the  city  council  shall  order  such  now  election  witldn 
ten  days  after  the  happening  of  such  vacancy.  Any  vacancy 
occurring  by  the  death,  removal  or  resignation  of  any  offi- 
cer authorized  to  be  appointed  by  tlie  city  council,  may 
be  filled  by  appointment  of  the  council,  but  no  special 
election  shall  be  held  to  fill  vacancies  (except  of  mayor 
and  aldermen)  if  more  than  six  months  of  the  term  have 
expired. 

AMiifltaUoiufar  §  T.  All  citizens  of  the  United  Slates  qualified  to  vote 
at  any  election  held  under  this  act  shall  br  qualified  to 
hold  any  office  created  by  this  act,  but  no  person  shall  bo 
eligible  to  any  office  or  place  under  this  or  any  other  act 
in  relation  tu  spid  city,  who  is  now  or  may  hereafter  be  i\ 
defaultrr  to  said  city,  and  any  person  shall  be  considered  i\ 
defaulter  who  has  refused  or  neglected,  or  may  hereafter  re- 
fu««e  or  neglect,  for  thirty  days  after  d.-mand  made,  to  ac- 
count for  bnd  ->ay  over  to  the  party  authorized  to  receive 
the  same  any  public  money  which  may  have  come  into  his 
possession,  and  if  any  person  holding  any  surh  office  or 
place  shall  become  a  defaults  wlulst  in  office  the  office  or 
plane  shall  thereupon   bccomo  vacant. 

^   >>.     \\\\i:\   two   or    more    candidates  for  an   elective 
***■  office  shall  have   an  equal  number  of  votes  for  tlie   same 

office  the    election  shall  be  d.-termined  by  the   casting  of 
lots  in  the  presence  of  the  city   council. 

■«««o(«MMiKt.  §  'J.  The  maiin^'r  of  conducting  and  voting  at  elec* 
lions  to  be  held  under  this  act,  and  contesting  the  same, 
the  keeping  of  the  poll  lists,  canvassing  ol  the  votes  and 
certifying  the  returns,  .sIihII  hp  the  same,  as  nearly  as  may 
be,  as  is  now  or  may  herraftt  r  be  provided  by  law  at  gen- 
eral state  elections  :  Proruhd^  the  council  shall  have 
power  to  rfgulate  elections.  The  voting  shall  he  hy  h;d!ot, 
and  the  inspectors  of  elections  shall  take  the  same  oath 
and  shall  have  the  sam^;  power  and  a\ithority  as  innpectors 
of  general  p|ec»ifjns.  Aft»r  the  closing  of  the  polls  the  bal- 
lots shall  be  counted  in  the  manner  refjuired   by  law,  and 


e«ia«itc4    Oc. 


123  1857. 

the  returns  shall  be  returned,  sealed,  to  the  city  clerk, 
within  tliree  days  after  the  election,  and  tliereupon  the 
city  council  shall  meet  and  canvass  the  same,  ?nd  declare 
the  result  of  the  election.  It  shall  be  the  duty  ol  the  clerk 
to  notify  all  persons  elected  or  appointed  to  office  of  their 
election  or  appointment,  and  unless  such  persons  shall  re- 
spectively qualify  v.ithin  ten  days  thereafter  the  offices 
shall  become  vacant. 

§  10.  No  person  shall  be  entitled  to  vote  at  any  elec-  Qaaunoation  tt 
lion  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  the  election  ;  he  shall  more- 
over have  been  an  actual  resident  of  the  ward  in  which  he 
votes  for  ten  days  pre\inus  to  the  election,  and  if  required 
by  any  person  qualified  to  vote  thereat  shall  tal^e  the  fol- 
lowing oath  before  he  is  permitted  to  vote  :  Provirfedy 
th«^t  the  voter  shall  be  deemed  a  resident  of  the  ward  in 
whicli  he  is  accustomed  to  lodge  :  "I  swear  (or  afiirm)  rormof  oath. 
that  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 
resident  of  this  city  six  months  immediately  preceding  this 
election,  and  am  now,  and  have  been  for  ten  days  h.st  ])ast, 
a  resident  of  this  ward,  and  have  not  voted  at  this  elec- 
tion.^' 

§  11.     The  persons  entitled  to  vote  at  any  election  iield  niegai  votcn. 
under  this  act  shall  nf)t  be  arrested  on  civil  process  wiHiin 
said  city  on  the  day  on  which  said  election  is  held,  and  all 
persons  illegally  voting  at  any  election  under  tliis  act  shall 
be  punishable  according  to  the  laws  of  this  state. 

Powej's  and  Duties  of  Officers. 

§  1.  Every  person  chosen  or  appointed  to  an  executive, 
judicial  or  administrative  office  under  this  act  shall,  before 
he  enters  on  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  clerk  of  tho  city. 

§  -.  The  mayor  shall,  before  he  enters  upon  the  duties  Mnyor's oath wid 
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  faitiiful  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  ordinances  of  this  city  are  duly  enforced,  respected 
and  observed  wiihin  this  city,  and  that  all  other  subordi- 
nate officers  of  the  city  discharge  their  respectice  duties; 
and  he  shall  cause  negligencf^  and  positive  violation  of 
duty  to  be  prosecuted  and  punished  ;  he  shall  from  time 


1857.  1-24 

to  time  give  the  cit)'  council  sxich  information  anil  recom- 
mend such  measures  as  he  may  deem  advantageous  to  the 
city. 

I  'C>.  He  i.*  hereby  authorized  to  call  on  any  and  all 
white  male  inhahitants  of  the  rity  or  county  over  the  ago 
of  eighterii  years,  to  aid  in  the  enforcing  the  laws  of  llie 
state  or  the  ordinances  of  the  city,  and  in  case  of  riot  to 
call  out  the  malitia  to  aid  in  suppressing  the  same  or 
carryiiig  into  ctFect  any  law  or  ordinances,  and  any  per- 
son wlio  sliall  not  obey  such  call  sliail  forfeit  to  said  city  a 
fiae  of  not  less  than  five  dollars. 
Kajof**  f«3c-  5,  4.  He  shall  have  power,  whenever  he  may  deem  it 
***■  necessary,  to  require  of  any  of  t!ie  officers  of  the  city  an 

exhibit  of  all   his   books   and   papers;  and    he  shall  have 
power  to  execute  nil  acts  that  may  be  required  of  iiim  by 
this  ai;t  •)r  any  or<linance  made  in  ]>ursuanco  thereof. 
U'>ijr't  iiii.;'...       §  .').      He  «5hall   be   liable   to  indictment  in   the   circuit 
*••*  conrt  of  Jo  Daviess  county  for  palpable  omission  i>f  duty, 

willful  oppression,  malconduct  or  partiality  in  the  dis- 
charge ot  the  duties  of  his  ittflce,  and  upon  conviction  shall 
be  suDJect  to  a  fim-  n')t  exctecling  one  hundred  dollars;  and 
the  court  shall  have  power,  upon  recommendation  of  the 
juiy,  to  add  as  part  of  the  judgment  that  he  be  removed 
from  office. 
u»r^'i»Aitrr.        §  6.     He  shall  receive   for  hi<:  services   such  salary  as 

shail  be  fixed  by  an  ordinance  ot  the  city  council. 
ciyr  «r^iaMz<x^  §  7.  All  ordinances  and  rrsolutions  sh&lL,  before  they 
take  effect,  be  placed  in  the  ollice  of  the  ciiy  clerk,  and  if 
the  mjiywF  approve  thereof  he  shall  sign  the  same,  and 
such  as  he  shall  not  ajiprove  he  shall  return  to  the  city 
council  with  his  objections  thereto.  Ui)on  the  return  of 
any  ordlnanci  3  or  re-Jolution  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  coiincil  shall  agree,  by  the  "ayes  and 
noes,"  which  shall  be  entered  ujirn  ti.e  journals,  topassthe 
■ame,  it  shall  go  intoelTtct;  aiul  ifthr  mayor  shall  neglect 
to  approve  or  object  to  any  f-uefi  proreedii.gs  for  a  longer 
perioil  than  three  days  after  the  same  shall  be  placed  in 
llie  clerk'fl  office  as  afore«ai  1,  tin;  SHme  pliall  go  into  eflect. 
f  He  shall,  rj-  r/JiriUf  have  power  to  udminister  any  oath  re- 
quired to  b«  taken  by  this  act. 

§  H.  In  ca«e  ot  \acaney  in  thr-  ntfice  of  mayor  or  of  his 
being  unable  to  perform  the  dulies  of  his  office,  by  reason 
of  tt  mporary  or  contiMU'«l  ab^ence  or  sickneKS,  the  city 
council  shall  appoint  one  of  its  memberp,  by  ballot,  to  pre- 
«id»"  over  their  meeting",  whose  official  designation  shall  he 
"acting  mayor,"  and  the  alderman  fo  appointed  fhall  be 
vested  with  ail  the  powen  imd  perform  all  the  duties  of 


A^".' 


125  1857 

mayor  until  the  mayor  sliall  assume  his  office  or  the  vacancy 
sliall  be  ftlleil  hy  a  new  election. 

§  0.  Tlie  nieuibtrs  of  the  city  council  sliall  be,  ex  ujjicio^  coimciimeB. 
fire  wardens  and  conservators  of  the  peace  within  the 
city,  and  shall  be  exempt  from  jury  duty  and  street  labor 
or  the  payment  of  taxes  in  lieu  tliereof,  during  their  term  of 
office.  I'he  aldermen  shall  receive  such  salary  as  shall  be 
fixed   by  ordinance  of  ihe  city  council. 

\  10-  The  clerk  shall  keep  the  corporate  seal  and  all  cicrk'Ba»tier. 
papers  belonging  to  said  city,  and  make  a  record  of  the 
proceedings  of  tlie  city  council,  at  whose  meetings  it  shall 
be  his  duty  to  attend  ;  and  copies  of  allpapers  duly  filed 
in  his  office,  and  transcripts  tVom  the  records  of  tlie  pro- 
ceedings of  the  city  council,  certified  by  him,  under  the 
corporate  seal,  shall  be  indorsed  [evidence]  in  ail  courts 
in  like  manner  as  if  the  oiiginals  were  produced;  he  shall 
likewise  draw  all  warrants  on  the  treasury  and  coun- 
tersign the  samp,  and  keep  an  accurate  account  thereof 
in  a  book  to  be  provided  for  that  purpose ;  he  shall  also 
have  power  to  administer  any  oath  required  to  be  taken 
by  this  act. 

§  11.  It  shall  be  the  duty  of  the  city  attorney  to  perform  PoUesoftheeHy 
all  [irofessional  per\  ices  incident  to  the  office,  and  when  re-   *"  ^^^^' 
quired  furnish  written  o{)inions  upon  subjects  submitted  to 
him  by  the  mayor,  the  city  council  or  its  committees. 

§  1:!.  Tiie  treasurer  shall  receive  all  moneys  belonging  p^jp,  ^,,  ,,,,4. 
to  the  city  and  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  from  the  city  council,  by  warrant 
signed  by  ttie  mayor  or  presiding  officer  of  the  city  coun- 
cil and  countersigned  by  the  clerk;  such  warrant  shall 
specify  for  what  purpose  the  amount  specified  therein  is 
to  be  paid.  The  treasurer  shall  exhibit  to  the  city  council, 
at  least  fifteen  days  before  the  annual  election  if  each 
year,  and  oftener  if  required,  a  full  and  detailed  account 
of  all  receipts  and  expenditures  after  the  date  of  the  last 
annual  report,  and  al?o  of  the  rtate  of  the  treasury;  which 
account  shall  be  filed  in  tlie  office  of  the  clerk. 

§  1-').  The  marshal  shall  j^erform  such  duties  as  shall  be  priim  «/  mtr- 
prescribed  by  the  city  council  for  the  j)reservation  of  the 
public  peace,  the  collection  of  license  mi  ney  and  fines  or 
otherwise;  he  shall  possess  the  power  and  aulhoiity  of  a 
constable  at  common  law  and  under  the  statutes  of  this 
state,  and  receive  like  fees,  but  shall  not  serve  civil  pro- 
cess without  first  entering  into  bonds  as  such  constable, 
to  be  approved  by  the  city  council  as  in  other  c;ises. 

§  14.  The  citysurveyor  or  surveyors  shall  have  the  sole  DniieBcn 
power,  under  the  direction  or  control  of  the  city  council, 


ISoT.  I'^O 

to  survey  within  the  city  limits,  and  be  and  they  sliall  be 
governed  by  such  rules  and  ordinances,  and  receive  such 
fees  and  emoluments  for  his  or  their  services  as  the  city 
council  shall  ajipoint  and  direct ;  he  shall  possess  the  same 
powers  in  making  surveys  and  plats  witiiin  the  city  as  is 
given  by  law  to  county  surveyors,  and  the  like  etlect  and 
validity  shall  be  given  to  his  acts,  and  to  all  plats  and  sur- 
veys heretofore  or  hereafter  made  by  any  such  surs  eyor 
as  are  or  raaj  be  given  by  law  to  the  acts,  plats  and  sur- 
veys of  county  surveyors. 
nnue««f  ce'.ifc-  ^  1').  It  shall  be  the  duty  of  the  collector  or  collectors 
**•  to  collect  all  taxes  and   assessments  which  may  be  levied 

by  said  city,  and   perform   such   other  duties   as   may  be 
herein  prescribed  or  ordained  by  the  city  council. 
o«UM  01  as.<M-      §  1^'"     Assessors  shall  perform  all  the  duties  in  relation 
•^-  to  the  assessing  of  property  for  the  purposes  of  levying  the 

taxes  imposed  by  the  city  council.  In  the  performance  of 
their  duties  they  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  their  assess- 
ment rolls  they  shall  meet  together  and  revise  and  correct 
the  same,  and  having  completed  the  revision  they  shall 
sign  the  several  rolls  and  return  the  same  to  the  city 
council. 
H>rt>.>r  mtner't  §  17.  It  shall  be  the  duty  of  the  harbor  master  to  en- 
*'"**  force  all  ordinances  and  provisions  of  this  act  in  relation 

to  the  harbor. 

»«UMo(«>»>u-       Tiie    constables   shall   perform    such   duties  as  shall  bo 

**••  prescribed  by  the  city  council  for  the  preservation  of  the 

public  peace;  they  shall  j)Ossess  the  power  and  authority 

of  a  constable  at   common  law  and   luuUr  the    stattites  of 

this  state,  and  receive  like  fees,  but  shall  not  servo  civil 

process  without  first  entering  into  bojids  as  such  constables, 

to  be  approved  by  the  city  council  as  in  other  cases. 

au«ti  oammu-       It  shall  be   tlie  duly  of  the  street  commissioners  to  su- 

"****^  perintend   and  carry  into   elfect  all  ordinances,  orders  or 

resolutions  of  the  city  council  in  relation  thereto  ;   they 

shall  ke«p  accurate   account  of  all  expenditures  made  by 

them,  and   render  monthly  accounts    thereof  to   the    city 

council. 

TtrnttttiMM  :»       The  city  council  shall  have  pow<r,  from  time  to  time,  to 

require  further  and  other  duties  of  all  officers  whose  duties 

arc  herein  preHcribed,  and  prescribe  the  power  and  duties 

of  all  officers  appointed  or  elected  to  any  office  under  tliis 

act,  whose  duli»r»   are  not   herein  specifically  mentioned, 

and  fix  their  coinpi:n!<ation ;  they  may  also  recjuirc  bonds 

to  be  civen  to   the  city  of  Gahna   by  all  officers   for  tho 

failhfuT  performance  of  their  duties,  in  such   amount  and 

penalties  as  said  otfice  may  require. 


•u. 


dtf     OAi-'l' 


mimettu 


127  1857. 

The  city  council,  at  tiieir  annual  meeting,  on  the  second  omciai  utwsp*. 
Monday  of  March  in  each  year,  or  withiii  uot  to  exceed  ^^'' 
thirty  days  thereafter,  shall  designate  one  public  newspa- 
per printed  in  said  city,  in  which  shall  be  published  all 
ordinances  and  other  proceedings  and  matters  required  in 
any  case  by  this  act  or  by  the  by-laws  and  ordinances  of 
the  city  council  to  be  published  in  a  public  newsj)aper. 

If  any  person  having  been  an  officer  in  said  city  shall  omciai  do«a< 
not,  withm  ten  days  alter  notihcation  and  request,  deliver 
to  his  successor  in  office  all  the  property,  papers  and 
etFects  of  every  description  in  his  possession  belonging  to 
said  city  or  appertaining  to  the  office  he  held,  lie  shall  for- 
feit and  pay  to  tiie  use  of  the  city  one  hundred  dollars, 
besides  all  damages  caused  by  his  neglect  or  refusal  so  to 
deliver  ;  and  such  successor  shall  and  may  recover  pos- 
session of  the  books,  &c.,  appertaining  to  his  office,  in  the 
manner  prescribed  by  the  laws  of  this  state. 

Taxation. 

§  1.     The  city  council  shall  have  power  within  the  cify  ciiy  ordinan«et. 
by  ordinance, 

To  levy  and  collect,  annually,  taxes  not  exceeding  Tax  for  gcncrM 
one  per  cent,  on  the  dollar  on  the  assessed  value  of  all  '"''p*'"'^'^*- 
real  and  personal  estate  and  property  within  the  city,  and 
ail  personal  property  of  the  inhabitants  thereof,  made  tax- 
able by  the  laws  ot  the  state  for  state  purposes,  to  defray 
the  general  and  contingent  expenses  of  the  city  not  herein 
otherwise  provided  for  ;  which  taxes  shall  constitute  the 
general  fund. 

§  2.     To  annually  levy  and  collect   a  school  tax,  not  school  t.M. 
exceeding  five  mills  on  the  dollar,  on  all  property  taxable 
for  state  purposes,  for  purchasing  ground  for  school  houses, 
building  and  repairing  school  houses,  and  supporting  and 
maintaining  schools. 

§  l^>.  To  levy  and  collect  taxes,  not  exceeding  one  c.ty.ni. 
per  cent,  on  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  sufficient  to 
meet  the  payment  of  the  interest  accruing  thereon  when 
payable. 

§  4.     To  levy  and  collect  taxes  on  all  property  sub-  ciijiiau. 
iect  to  taxation,  when  required  for  the  erection  of  a  city 
nail,  markets,  hospital,  house  of  correction,  wojs,  docks, 
locks  or  dams,  the   purchase   of  market   grounds,   public 
squares  or  parks,  or  any  other  public  improvements. 

§  5.     To  levy  and  collect   upon  all   property  in  such  Lamp  po«u  •■wt 
district  as  they  shall  from  lime  to  time  create,  a  tax  suffi-    "s^^ob  •«'•«• 


1857.  128 

cicnt  to  ilefray  one-liah' of  the  expenses  of  crcctinoj  lamp- 
posts and  lamps  ami  lighting  the  streets  in  such  districts, 
fcnd  the  tax  thus  collected  shall  be  exclusively  expended 
for  sucli  purposes  in  the  district  paying  the  same. 
iBprvvfrnrat  of  ^  ('».  To  rcquiie  and  it  is  hereby  made  the  dtity  of 
)«T4.  every  male  rcsiuont  oi  the  city  over  tlie  age  ol  twenty-one 

years  and  under  the  age  o(  hlty  years,  to  labor  three  days 
iu  each  year  upon  the  streets  and  alleys  ot  the  city,  but 
any  person  may,  at  his  option,  pay  in  lieu  thereof  one  dol- 
lar, provided  the  same  shall  be  paid  %vithin  ten  days  after 
notiiication  by  the  street  commissioner.  In  default  of  pay- 
ment as  afori'said,  the  sum  of  three  dollars  and  costs  may 
be  collfcted,  and  no  setotT  shall  be  allowed  in  any  suit 
brought  to  collect  the  same. 

•dssess/nctitfur  opcuinu;  Si  reels:  and  ,  lUcys, 

riv»i*.  n«  for  §  1.  The  city  council  sliall  iiave  power  to  lay  out  pub- 
*°^- '  ■'^- --•''•  Jic  fqnares  or  grounds,  streets,  al'ejs.  lanes  and  highways, 
slips  or  boat  yards,  and  to  make  wharves  and  slips  at  the 
ends  of  streets,  and  alter,  widen,  contract,  straighten  and 
discontinue  the  same;  they  shall  cause  all  street*,  alleys, 
lanes,  wharves,  slijis  or  public  srjuares  or  ground?  laid 
out  by  them  to  be  surveyed,  described  and  recorded 
iu  a  book  to  be  kept  by  the  clerk,  showing  particularly  the 
propos»'d  improvements  and  the  real  estate  recjuired  to  be 
taken;  and  tiic  same,  when  oj)ened  and  made,  fiiullbe  j)ub- 
lic  highways. 
Awt«f>ftitioiai  ^1^.  Whenever  any  street,  alley,  lane  highway,  wharf 
•-'  rpi»:nn;  ^j.  jj^  ^j.  pyjjij^  gtjuare  or  ground  is  laid  out,  altered, 
widened  or  straightened,  by  virtue  hereof,  the  city  council 
shall  give  notice  ot  their  intention  to  appro])riate  and  take 
the  land  necessary  for  the  same  to  tlie  owner  or  owners 
thereof,  by  publishing  s.iid  notice  for  ten  days  in  the  cor- 
poration newspaper;  at  the  e\ juration  of  wliicii  lime  they 
shall  choose,  by  ballot,  thiee  disinterested  fret  holders 
residing  in  said  city)  as  commissioners  to  ascertain  and 
assess  the  damages  and  rccomjiense  due  the  owners  of 
sucii  land,  respectively  ;  and  at  the  same  time  deter- 
mine what  persons  will  be  beiuTited  by  rnirh  iuiprovcment, 
and  asjess  the  damages  and  <  xpenses  thereof  on  the  real 
estate  of  persons  benefited,  in  proportion  as  nearly  qs  may 
be  to  ihr  b»  iM-fi'.H  resulting  to  e;:ch;  a  majoriiy  of  all  the 
ftldermcn  authorized  by  law  to  be  elected  shall  bo  neces- 
sary to  the  choice  of  Mueh  (ominussloners. 

§  .3.  The  rommisiionerM  shall  be  sworn  faithfully  to 
execute  their  duty,  arcnrduig  to  the  best  of  their  ability 
before  entering  on  their  diiti»^s.  They  shall  give  notice  to 
the  persons  iaterested  of  the  time  ond  place  of  th'iir  mect- 
AOg  lor  the  purpose  of  viewing   the  premises  and  making 


for 


129  1857. 

their  assespment  at  least  ten  days  before  tlie  time  of  such 
meetirif^,  by  ])iiblisbiii^  ti.e  same  in  tlie   cor|)orati()M  news-  Pobiishc.1     no- 
paper,  ilicy  shall  vit-w  the  j)remises  and  in  their  discretion 
receive  any  Iccjal  evidence,  and  may,  if  necessary,  aojourn 
from  day  to  day. 

§  4.  If  th^^re  should  be  any  building  stiinding  in  whole 
or  in  part  upon  thi;  land  to  be  taken,  tlie  commissioners, 
before  proceeding  to  make  their  assessments,  shall  first 
estimate  and  determine  the  whole  value  of  such  building' 
to  the  owner,  aside  from  the  value  of  the  land,  and  the  in- 
jury 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'  personal  notice  ^hall  be  given  Soiie«*»«T\td. 
to  the  owner  of  such  determination,  when  known  aikd  a 
resident  of  the  city,  or  left  at  his  usual  place  of  abode  ;  if 
not  known  or  a  nonresident,  notice  to  all  persons  inter- 
ested shall  be  given,  by  publication  for  ten  days  in  the 
corporation  newspaper  ;  such  notice  shall  be  signed  by 
the  commissioners,  and  specify  the  building  and  the  award 
of  the  commissioners;  it  shall  also  require  parties  in  in- 
terest to  appear  by  a  day  to  be  named  therein,  or  give  no- 
tice of  their  election  to  the  city  council  either  to  accept 
tlie  award  ol  the  commissioners,  and  allow  such  building 
to  be  taken  with  the  land  condemned  or  ajjpropriated,  or 
of  their  intention  to  remove  such  building,  at  the  value  set 
thereon  by  the  commissioners  to  remove.  If  the  owner  shall 
agree  to  remove  the  buiding,  he  shall  have  such  time  for 
this  purpose  as  the  city  council  may  allow. 

5  G.  If  the  owner  refuse  to  take  the  buildinc:  at  the  ^•'^"''»i  "^  <"■- 
value  to  remove,  or  tail  to  give  notice  ot  Ins  election  as  buiiOiugs. 
aforesaid  within  the  time  prescribed,  the  city  council  shall 
have  power  to  direct  the  sale  of  such  building,  at  public 
auction  for  cash,  giving  five  days'  puhlic  notice  of  the  sale; 
the  proceeds  of  the  sale  shall  be  paid  to  the  owner  or  de- 
posited to  his  use. 

§  7.  The  commissioners  shall  thereupon  proceed  to  AMMstnem  w 
make  their  assessment,  and  determine  and  appraise  to  the  '^*^^^' 
owner  or  owners  the  value  of  the  real  estate  appropriated 
for  the  improvement  and  the  injury  arising  to  them  re- 
spectively, from  the  condemnation  thereof;  which  shall  be 
awarded  to  such  owners  respectively  as  damages,  after 
making  due  allowance  therefrom  for  any  benefit  wliicli 
such  owners  may  respectively  derive  from  such  improve- 
ment ;  in  the  fstimatc  of  damages  to  the  land  the  com- 
missioners shall  include  the  value  of  the  building,  (if  the 
property  of  the  owner  of  such  land,)  as  estimated  by  them 
as  aforesaid,  less  the  proceeds  of  the  sale  thereof;  or  if 
taken  by  the  owners,  at  the  value  to  remove,  in  that  case 
they  shall  only  include  the  difference  between  such  value 
and  the  whole  estimated  value  of  such  buildings. 
—31 


1857.  130 

§  S.  If  tlie  dnmaG.es  to  any  person  be  cjrcatcr  than  the 
benefits  recei\ud,  or  if  the  btDefit  be  greater  than  tlie 
damage,  in  eitlier  case  the  commissioners  shall  strike  a 
balance  and  carry  the  difference  forward  to  another 
cohiinn,  so  that  the  a<!sossnu'nt  may  show  what  amount  is 
to  be  nieived  or  paid  by  such  owners  respectively,  and 
the  ditfc-rt- nee  only  shall  in  any  case  be  collected  of  tliem 
or  paid  ti>  them. 
ttai«T*i  o<  §  0.  If  the  lands  and  buildings  belong  to  different  per- 
kwMiiv;*.  sons,  or  if  the  land  be  suhjin^t  to  lease  or  mortgage,  the 
injury  done  to  svich  persons  respt;ctively  may  be  awarded 
to  thtra  by  the  connnissiontrs,  less  the  beni  fits  resulting 
to  them  respecti\ely  from  the  improvements. 

§  V\     Having  ascertained  the  damages  and  expenses 

of  such  improvement  as  aforesaid  the  commissioners  ehall 

thereupon  apportion  and  assess  the   same,  together  with 

the  costs  of  the  proceedings,  upon  the  real  estate  by  them 

deemed   benefited,  in  proportion  to  the  benefits  resulting 

thereto  from  the  improvements,  as  neailj  as  may  be,  and 

shall  describe  the  real  estate  upon  whicfi  their  assessments 

may  he  made  ;  when  completed  the  commissioners  shall 

sign  iiud  return  the  same  to  the  city  council  within  forty 

days  of  their  a})poiiitment. 

f ..nhf r  prxo«<i-      §  11.     Tl:e  cicrk  shall  give  ten  days'  notice  in  the  cor- 

i^«^»cMin!  poration  paper,  that  such  assessment    has  been  returned 

r4  bT  c.(i»<-ni  and  on  a  day  to  be  specified  therein  will  be  confirmed  by 

la      linp-oTiiiK    .1  .  •!  t  1  •  •  1  1 

•trM'-t  uid  »i-  the  city  council,  unless  objections  to  the  same  are  made 
'"  by  some  person  interested  ;  ob'eclions  may  be  heard  be* 

fore  the  city  council,  and  the  lieanng  may  be  adjourned 
from  day  to  day.  The  council  shall  have  power,  in  their 
discretion,  to  conliim  or  annul  ihe  assessment,  or  refer  the 
same  back  to  the,  couiinissioners.  It' annulled  all  the  pro- 
ceedings shall  be  void.  If  confirmed  an  order  of  confirm- 
ation siiall  be  entered,  directing  a  warrant  to  issue  for  the 
collection  thereof.  If  referred  baek  to  the  same  or  other 
commissioners,  they  shall  proceed  to  make  tlieir  assess- 
ments and  return  the  same,  in  like  manner  and  give  like 
notices  as  licrein  required  in  relation  to  the  first  ;  and  all 
parties  in  interest  shall  have  the  like  notic<;s  and  rights; 
and  the  city  council  .shall  p»  rfonn  like  duties  and  have  like 
powers  iti  relation  to  any  Kueh  subse(juent  determination, 
af  are  herein  given  in  relation  to  the  first. 

■•■•»•  1  wf ««n-  $  12.  The  city  council  shall  have  power  to  remove 
■"*''*•"  commissioners,  and,  from  time  to  time,  appoint  others  in 
the  plaee  of  such  as  may  be  removed,  refuse,  neglect  or 
be  uniible,  from  any  eause,  to  serve. 

Amanmiatumt         ^   ^  ^'     '^'"'  ^'""^   re(|uircd  to  be,  taken  for  the.  making, 

~Si  iamt^m.  opening  or  widening  any  street,  alley,  lane  or  other  liigli- 
way,  shall  not  be  appropriated  until  the  duiuages  awarded 
therefor  to  any  owner  thereof,  uuder  tUif  act,  shall  be  paid 


131  1587. 

or  tendered  to  such  owner  or  his  agent ;  or  in  case  the 
said  owner  or  his  agent  cannot  be  found  in  said  city,  de- 
posited to  hi?  or  her  credit  in  some  safe  j)lace  of  deposit 
other  than  the  iiands  of  the  treasurer;  and  then,  and  not 
before,  sucii  lands  may  be  taken  and  appropriated  for  the 
purpose  required  in  making  such  improvtments  ;  and  such 
streets,  alleys,  lanes,  highways,  wharves  and  slips  may  be 
made  and  opened.  ' 

§  16.  Where  the  whole  or  any  lot  or  parcel  of  land  or 
other  premises  under  lease  or  otiier  contract  shall  be  taken 
for  any  of  the  purposes  aforesaid,  by  virtue  of  tiiis  act,  all 
the  covenants,  contracts  and  engagements  between  land- 
lord and  tenants,  or  any  other  contracting  parties,  touch- 
uig  the  same  or  any  part  tiiereof,  shall,  upon  confirmation 
of  such  report,  respectively  cease  and  be  absolutely  dis- 
charged. 

§  IG.  Where  part  only  of  any  lot  or  parcel  of  land  or 
other  premises  so  under  lease  or  other  contract  shall  be 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  tiiis 
act,  all  the  covenants,  contracts  and  agreements  and  en- 
gagements respecting  the  same,  upon  the  confirmation  of 
such  report,  shall  be  absolutely  discharged  as  to  the  part 
thereof  so  taken,  but  shall  remain  valid  as  to  tlie  residue 
thereof,  and  the  rents,  considerations  and  payments  re- 
served payable  and  to  be  paid  for  or  in  respect  to  tiie 
same  siiall  be  so  proportioned  as  that  the  part  thereof 
justly  and  equitably  payable  for  such  residue  thereof,  and 
no  more,  shall  be  paid  or  recoverable  for  in  any  respect  of 
the  same. 

§  IT.     Any  person  interested  may  appeal  from  any  final  c«»es  it  »;.peai 

J  £•    il  •  i.  •!     r  •  •  1        •  from  ritva»un- 

order  oi  the  city  council  lor  opening  or  widening  any  m. 
street,  alley,  public  ground  or  highway  to  any  court  of 
record  in  Jo  Daviess  county,  by  notice  in  writing  to  the 
mayor  or  clerk,  at  any  time  before  the  expiration  of  thirty 
days  after  the  passage  of  such  final  order.  In  case  of  ap-  ippeai*. 
peal  the  city  council  shall  make  a  return,  witliin  thirty 
days  after  notice  thereof;  an^  the  court  shall,  at  the  next 
term  after  return  filed  in  the  otfice  of  the  clerk  tiiereof, 
hear  and  determine  such  appeal,  and  confirm  or  annul  the 
proceedings,  including  the  amount  of  damages.  Siiall  be 
open  to  investigation,  by  afl'idavit  or  oral  testimony  ad- 
dressed to  the  court ;  and  the  burden  of  proof  shall,  in 
all  cases,  be  upon  the  city,  to  show  that  the  proceedings 
are  in  conformity  with  this  act. 

§  18.     The  city  council  may,  by  ordinanfT,  make  any  rnrthor      pro- 
changes  they  may  deem  advisable  in  the  proceedings  here-    om^^' o?  (u5!t 
in  prescribed  for  ascertaining  tlie  damages  and  injury  oc-    '«'' 
casioned  to  any  personal  or  real  estate,  by  reason  of  the 
condemnation  of  any  real  estate  upon  which  any  buildings 
may  be  situate,  in  whole  or  in  part,  and  the  assessment  of 


1857.  132 

such  damages  and  injury  upon  persons  or  real  estate  bene- 
fitiul  by  the  improvement,  and  in  such  other  respects  as 
experience  may  suggest. 

§  l\K  In  all  cases,  where  there  is  no  agreement  to  tlie 
contrary,  tl  c  owner  or  landlord,  and  not  the  occupant  or 
tenant,  shall  be  deemed  the  person  who  ought  to  bear  and 
pay  any  assessment  made  for  the  expense  of  any  public 
improvt  ment.  Whore  any  sueh  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  person  bound  to  pay  the  same  the  amount  so  paid, 
with  interest.  Nothing  herein  contained  shall  impair  or 
in  any  way  affect  any  agreement  between  any  lantllord 
and  tenant,  or  other  persons,  respecting  tiie  payment  of 
such  assessment. 

Puhlic  Improvemcnls  and  ^Assessments  therefor. 

•trMu ibj higb«      §  1.     The  city  council  shall  have  power,  from  time  to 
'•^*  time  :   First — To   cause  any  street,  alley  or  other  high- 

way to  be  graded,  regraded,  leveled,  paved  or  planked,  and 
keep  the  same  in  repair,  and   alter  and   change  the  same. 

si<ie   v»A  tTv>*  Second — To  cause  cross  and  sidewalks,  side  drains,  main 

^"*'  drains   and   sewers,   ])rivate   drains   and  aqueducts    to  be 

constructed  and  laid,   relaid,   cleansed  and   repaired,  and 

Utc»s      ii^s  regulate  tlie  same.      Third — To  cause  or  authorize  locks, 

**'^-  docks,  dams  and   ways  to   be  constructed   and  erected  in 

and  along  Galma  river,  or  its  branches,  at  such  point  or 

c^Mio^i         it  points  as  the  city  cotmcil  may  direct.     Fourth — To  cause 
•trrjiD^  or  authorize  a  channel  or  race  to  he  constructed  or  exca- 

vated, so  as  to  divert  the  waters  of  any  stream,  as  a  feeder 
to  Galena  river,  or  its  bratjches,  at  such  place  or  places 
as  the  city  council  may  direct  ;  to  grade,  improve,  ])rotect 
and  ornament  any  public  square  now  or  hereafter  laid 
out.  « 

9nt\t\fm  ff  n-  §  2.  The  expcnses  of  any  imj>ro\-ement  mentioned  In 
the  foregoing  section,  excei)t  sidewalks  and  private  diains, 
shall  be  as»rs<«ed  upotj  real  estate  benefited  tliereby,  with 
the  cost  of  the  proceeding  therein,  in  proportion,  as 
nearly  a«  may  be,  to  the  henefit  resulting  thereto  :  Pro- 
vidtd^  such  as'Jessrni'iit  ^hall  not  exccc*!  three  per  cent. 
per  annum  on  the   [)r<)perty  assessed. 

J  :'.,  The  amount  to  be  assessed  for  any  such  improve* 
inent,  except  sidewalks  and  private  drains,  shall  be  deter- 
mined by  the  city  counril  ;  and  they  sliall,  l)y  ballot,  ap- 
point, by  a  majority  of  all  the  aldermen  authorized  by  law 
to  be  elected,  threr  reputable  freehold«  rs  of  the  city, 
to  make  such  assessment.     The  commissioners  shall  be 


red. 


133  185T. 

sworn,  faithfully  and  impartially  to  execute  (lieir  duty  to 
the  best  of  their  ability. 

§  4.  Before  enterinij  on  their  duties  the  coininissiouers 
shall  give  six  days'  notice  in  the  corporation  newspaper,  ^'-'jco  t«  u 
of  the  time  and  place  of  meeting,  to  all  per'«ons  iiitere..ted; 
and  they  may,  if  necessary,  adjourn  from  day  to  day.  The 
commissioners  shall  assess  the  amount  directed  by  the  city 
council  to  be  assessed  on  ihe  real  estate  by  them  deemed 
benefited  by  any  such  improvement,  in  proportion  to  bene- 
fit resulting  thereto,  as  nearly  as  may  be,  and  biielly  de- 
scribe in  the  assessment  roll  to  be  made  by  them  the  real 
estate  in  respect  to  which  any  assessment  is  made,  and  the 
value  thereof. 

§  .3.  If  the  commissioners  shall  be  of  opinion  that  any 
owner  of  land  situate  upon  any  street,  alley  or  other 
higliway,  graded  or  leveled  under  this  section,  will  sus- 
tain damages  over  and  above  the  benefit  which  may  accrue 
to  the  owner  of  such  land  by  the  improvement,  they  may 
assess  such  amount  as  they  may  deem  :i  reasonable  recom- 
pense to  such  owner  upon  the  real  estate  benefited,  in  the 
manner  assessed  ;  and  such  sum  shall  be  added  to  their 
assessment  roll,  and  the  amount  certified  to  the  council  ^"•^™*°* '*'*• 
at  iIkj  time  of  filing  the  roll. 

.§  0.  When  the  commissioners  shall  have  completed  ^i^iiJlnVr»r"" 
their  assessment  and  made  a  corrected  copy  thereof,  they 
shall  deliver  the  same  to  the  city  clerk,  within  forty  days 
after  their  appointment,  signed  by  all  the  coinmissioneps. 
The  clerk  shall  thereupon  cau?e  a  notice  to  be  published, 
in  the  corporation  newspaper,  for  six  days,  to  all  persons 
interei'ted,  of  the  completion  of  the  assessment  and  the 
filing  of  the  roll;  time  and  place  shall  be  designated  therein 
for  hearing  objections. 

6  7.  Any  person  interested  may  appeal  to  the  city  c^a'w  of  uppcai 
councu  for  the  correction  of  the  assessment.  Api«eals  «< 
shall  be  in  writing,  and  filed  in  the  cleik's  office  within 
ten  days  after  the  first  publication  of  said  notice.  The 
council  may  adjourn  such  hearing,  from  day  to  day, 
and  shall  havt)  power,  in  case  of  appeal  or  otherwise,  in 
their  discretion,  to  revise  and  correct  the  assessment,  and 
confirm  or  annul  the  same,  and  direct  a  new  assessment  to 
be  made,  in  the  manner  hereinbefore  directed,  by  the  same 
commissioners  or  by  three  others;  which  shall  be  final  and 
conclu-jivoon  all  parties  interesterl,  if  confirmed.  When  con- 
firmed the  assessment  shall  be  collected,  as  in  other  cases, 
and  no  appeal  or  writ  of  error  shall  lie  in  any  case  from 
such  order  and  determination.  If  any  assessment  be  set 
aside  by  oriler  of  any  court  the  city  council  may  cause  a 
new  one  to  be  made,  in  like  manner,  for  the  same  purpose, 
for  the  collection  of  the  amount  so  assessed. 


1S5T.  134 

Vka-     ..  -  .^       ^  8.     If  any  vacancy  happen  in  the  office  of  commis- 

-<  cvii„.;»^  ..-  j;|Q,j^,rs,  at  any  time,  by  reason  of  removal,  failure  or  refu- 
sal, or  inahility  from  sickness,  or  other  cause,  to  serve,  tiie 
city  council  may  fill  such  vancancy. 

§  0.  If  the  lirst  assessment  prove  insufficient  another 
may  be  made  in  the  same  manner,  or  if  too  large  a  sum 
shall  at  any  time  be  raised  the  excess  shall  be  refunded, 
ratably,  to  those  by  whom  it  was  paid. 

%tfA\T%  ot  fiJv       §   !*-'•  All  owners  or  occtipants,  in  front  of  or  ujion  whose 

•uts,  4r»io<,  premises  the  city  council  shall  order  and  direct  sidewalks 
or  private  drains,  communicating  with  any  main  drain,  to 
be  constructed,  repaired,  relaid  or  cleansed,  [shall  make, 
repair,  relay  or  ch^anse]  such  sidewalks  or  private  drains, 
at  their  own  cost  and  charges,  in  the  manner  and  within  the 
time  prescribed  by  ordinance  or  otherwise,  and  if  not  done 
in  the  manner  and  within  the  time  prescribed  the  council 
may  cause  the  same  to  be  constructed,  repaired,  relaid, 
or  cleansed,  and  assess  the  expenses  thereof,  by  an  order 
to  be  entered  in  their  proceedings,  r.))on  such  lots,  respec- 
tively, and  collect  tlie  same,  by  warrant  and  sale  of  the 
premises,  as  iu  otlier  cases.  A  suit  may  also  be  maintain- 
tained  against  the  owner  on  account  of  such  premises  for 
recovering  of  such  expenses  as  for  money  paid   and  laid 

pi»»uiooforM-  out  to  his  use  at  his  request. 

t«iM*ii>nirrt»i.  ^  9,  J,,  g))  cascs  wherc  expenses  may  be  incurred  in 
the  removal  of  any  nuisance,  the  city  council  may  cause 
the  seme  to  be  assessed  against  the  real  estate  chargeable 
therewith,  in  the  manner  jtrescribed  in  the  foregouig  sec- 
tion. Such  expenses  shall  be  likewise  collectable  of  the 
owner  or  occupant  of  such  premises,  in  a  suit  for  money 
expended  to  his  or  their  tise.  In  case  the  samt;  should  not 
be  chargeable  to  any  real  estate  suit  may,  in  like  manner, 
be  brought  for  such  cxj)enses  against  the  author  of  such 
nuisance,  when  known,  or  any  person  whose  duty  it  may 

flM>mi*ik*«r»>    be  t(i  remove  or  abate  the  same. 

••'*'''•  A    1().      Commissioners  appointed  under  this  act  may  be 

sworn  into  office  by  the  city  clerk  ;  they  shall  be  allowed 
two  dollars  j)er  day,  each,  for  actual  services,  which,  to- 
gether with  all  other  expenses  in  relation  to  any  assess- 
ment!! made  in  pursuance  of  this  act,  shall  be  deemed 
*part  of  the  expenses  of  the  irrprovement  and  included 
therein.  The  city  attorney  shall  prepare  such  papers  and 
make  «ucli  exaininatior  .•»  as  lliey  niay  recjuest. 

§  11.  When  any  kiiown  owner,  r«'si(ling  in  said  city  or 
elsewhere,  >iliall  be  an  infant,  und  any  procee<ling  fdiall  be 
]iad  under  this  act,  the  rjrcuit  court  of  the  county  of  Jo 
Da.  iej).'»,  tlie  judge  thereof,  the  miinicipHl  court  of  said  city, 
or  any  judge  of  the  siij)reme  court,  or  judge  of  probate  oJ 
'4  •.•>•  t/>  u  *^''^  eounty,  may,  upon  the  aj)plieation  of  the  eily  council, 
•»7«bi«4  or  Jiuch  infant,  or  hi«»  n»  xt  friend,  appoint  a  gnai  dian  for  such 

infant,  taking  iecurity  from  such  guardian  for  the  faithful 


135  18o7. 

execution  of  such  tr»»st ;  and  all  notices  and  summons  re- 
quired by  this  act  shall  be  served  on  such  guardian. 

Collection  of  Taxes  and  Jisstssmeyils. 

§  1.  The  city  council  shall  have  power,  by  ordinance, 
to  prescribe  the  form  of  assessment  rolls,  and  prescribe  the 
duties  and  define  the  |.owers  of  asseasmentj  they  may  also 
make  such  rules  and  give  such  diiections  in  relation  to 
revising,  altering  or  adding  to  the  rolls,  as  they  may  deem 
proper  and  expedient. 

§  '2.  The  annual  assessment  rolls  shall  be  returned  by  Assesamcni  r*ua 
the  assessors  on  or  before  the  first  Monday  of  August,  in  each 
year,  but  the  time  may  he  extended,  by  order  or  the  city 
council.  On  the  return  thereof  the  city  council  sliail  fix  a 
day  for  hearing  objections  thereto;  and  the  clerk  shall  give 
notice  of  the  time  and  place  of  such  hearing;  and  any  person 
feeling  aggrieved  by  tlie  assessment  of  his  proptrty  may 
appear  at  the  time  sjjecified,  and  make  his  objections.  I'he 
city  council  shall  have  power  to  supply  omissions  in  said  OmiBRions  in  ».. 
assessment  roll,  and,  for  tlie  purpose  ot  equalizing  the 
same,  to  alter,  add  to,  take  from  and  otherwise  correct  and 
revise  the  same,  or  to  refer  the  same  back  to  the  assessors, 
with  instrucTi(»ns  to  revise  and  correct  the  same  :  Pro' 
viUcd,  the  city  council  shall  not  have  power  to  increase 
the  aggregate  amount  of  said  roll,  except  by  the  value  of 
such  property,  real  or  personal,  as  may  have  been  omit- 
ted by  the  assessors. 

§  3.  When  the  assessment  rolls  shall  have  been  correct-  ^°"^'^"°/'  *•" 
ed  and  revised  the  same  shall  be  filed,  and  an  order  con- 
firming the  same  and  directing  the  warrant  to  be  issued 
for  the  collection  thereof  be  entered  by  the  clerk.  Tlie 
city  council  shall,  thereupon,  by  an  ordinance  or  resolu- 
tion, levy  such  sum  or  sums  of  money  as  may  be  sulficient 
for  the  several  purposes  for  which  taxes  are  herein  au- 
thorized to  be  levied,  not  exceeding  the  authorized  per 
centage,  particuUrly  specifying  the  piirT>ose  for  which  the 
same  are  levied,  and  if  not  for  genera'  purposes,  the  di- 
vision of  the  city  upon  which  the  same  are  laid. 

§  4.  All  taxes  and  assessments,  general  or  special,  ^^ITu-^T"  '**' 
levied  or  assessed  by  the  city  council,  under  this  act, 
shall  be  levied  upon  the  real  estate  upon  which  the  same 
may  be  imposed,  voted  or  assessed  for  tw-*  years  from  and 
after  the  corrected  assessment  roll  shall  be  confirmed,  and 
on  personal  estate  from  and  after  the  delivery  of  tlie  war- 
rant tor  collection  thereof  until  paid  ;  and  no  sale  or  trans- 
fer shall  affect  the  lien.  Any  personal  property  belonging 
to  the  debtor  mAy  be  taken  and  sold  for  the  payment  of 
taxes  on  real  or  personal  estate,  and  the  real  estate  shall 
be  liable  for  the  taxes  on  personal  estate,  in  case  of  re- 


taSM. 


1557.  136 

nioval,  or  when  the  tax  cannot  be  made  out  o[  the  personal 
estatf,  ill  tlie  >ame  manner  as  is  prescribed  by  the  laws  of  the 
stale  ot"  Illinois:  Provithd,  that  in  case  the  collection  of  any 
assessment  shall  bodelajed,  by  iiijun>tion  or  other  judicial 
prooee(llni;s  tl  e  sam»»  «hall  continue  a  lien,  uidess  set  aside, 
upt>ii  the  real  estat^^,  fur  tlio  peiiod  ot  two  years  from  and 
aftt-r  ilie  tinal  disposition  of  such  iiijunction  or  other  ju- 
dicial pr  ceedings. 

Ti\w»rrinu.  ^  5.     1^1, e   clerk  shall  issue  a  warrant  or  warrants  for 

the  taxes  and  rule  tiiereln  separate  columns,  in  which  the 
t^xes  levied  shall  he  resj)ectively  set  down  opposite  the 
names  i  f  the  person  or  real  estate  subject  thereto.  Each 
column  shall  be  headed   with  the  name  of  the  tax  therein. 

c*ii««Ka  of  §  »j.  All  warrants  issued  for  the  collection  of  general 
or  special  taxes  and  assessments  shall  be  signed  by  the 
mayi>r  and  clerk,  with  the  corporate  seal  thereto  attached, 
and  s  all  contain  true  and  perfect  copies  of  the  corrected 
assessment  rolls  upon  which  the  same  may  be  respectively 
issued  ;  they  shall  be  delivered  to  -the  collector  or  col- 
lectors of  the  city,  for  colleo.ti'^n,  within  six  weeks  after 
the  filing  of  the  corrected  rolls,  unless  further  time  be  given 
for  this  purpose  by  the  city  council.  If  not  otherwise  paid, 
the  collector  shall  ha\  e  power  to  c(>llect  said  taxes,  with 
interest  and  cost,  by  suit,  in  the  corporate  name,  or  by  dis- 
tress and  sale  of  personal  property,  as  aforesaid,  after  a 
demand  and  refusal  lo  jiay  the  same.  Tne  assessoi's  rolls 
siiall  in  all  eases  be  e\  itlence  on  tlie  part  of  the  corpora- 
tion :  I'roi  it/tt/y  a.  notice,  ])ublishe»l  Uy  the  collector  for 
ten  days,  in  the  cor|'oration  paper,  shall  ue  de»iiie«l  a  de- 
mand, and  .'\  neglect  to  pay  taxes  {ior^  twenty  days  there- 
after shall  be  depn«ed  a  refusal.  Ti;t  .t.-'essor's  list  shall 
in  all  cases  be  evidence  on  the  part  of  the  city  corpora- 
tion. 
3-  ^7.  All  trixes  and  assessments,  general  or  sj)ecial, 
shall  be  collected  by  the  collector  or  collectors  in  the 
samti  manner  and  with  the  saiue  power  and  ;vUtiiurity  as 
are  given  by  Ipw  to  collectors  of  county  and  slate  taxes; 
shall  pay  the  same,  as  fast  as  collected,  into  the  city 
treasury;  and  his  duty  in  regard  to  returning  warrantf 
and  settling  with  the  city,  and  his  liabilities  in  case  of  de- 
fault or  Misconduct,  shall  he  the  saniLj  as  prtscnbed  by 
law  :  Proi'h/edf  the  city  council  shall  have  power  to  pre* 
fcribe  the  powtra,  duties  and  liabilities  ot  collectors,  by 
ordinancr>. 
•"       ^  >*.     In  case  of  the   non-payment  of  uuy  taxes  or  as- 

(Xrm»r     "^c-  sessmcnt   Irvied   or  asscH.ed   under  this   act  tin;  premises 

"*"*'  may  be  sold  for  the  pa>ment   thereof,  at  any  time,   within 

two  years  after  the  confirmation  of  the  assessment  by  the 
city  council.  Before  any  fliich  sale  an  order  shall  be  made 
by  the  city  council,  which  bhall  be  entered  at  large  in  tho 


^•» 


187  1857. 

records  kept  by  Uie  clerk,  directing  the  collector  to  sell, 
particularly  describing  the  delinquent  premises  to  be  sold 
and  the  assessintnt  for  which  the  sale  is  to  be  made  ;  a 
certified  copy  of  which  order,  uiider  the  corporate  seal, 
signed  hy  the  mayor  or  presiding  officer  and  clerk,  shall 
be  delivered  to  the  collector;  %vhich,  together  with  the 
warrant,  shall  constitute  the  process  on  which  such  sale 
may  be  made. 

5  0.  The  collector  shall  then  advertise  such  premises,  Promisot  »o  b« 
mthe  corj;oration  pa])er,  tor  sale,  the  period  ot  thirty  days, 
from  ana  after  tlie  fir.«t  publication  of  such  notice,  de- 
scribing the  same  [by]  figures  or  otherwise,  with  the  name 
of  the  owner,  when  known,  and  ihe  several  amounts  cf  the 
taxes  or  assessments  thereon,  and  costs.  Said  notice  shall 
also  contiiin  the  time  and  place  of  sale,  and  shall  be  pub- 
lished at  least  lour  times.  The  proceeding  may  be  stop- 
ped, at  any  time,  on  the  payment  of  the  taxes  or  assess- 
ments and  interest,  with  the  expenses  of  advertising. 

§  10.  All  sales  shall  be  conducted  in  the  manner  re-  Modcof  »8!«. 
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 
taken  from  the  east  side  of  the  premises,)  for  which  any 
person  will  take  the  same  and  pay  the  taxes  or  assess- 
ments thereon,  with  interest  and  cost  of  sale.  Duplicate 
certificates  of  sale  shall  be  made  and  subscribed  by  the 
collector,  one  of  which  shall  be  delivered  to  the  purchaser 
and  the  other  filed  in  the  office  ol  the  clerk  ;  which  cer- 
tificate shall  contain  the  name  of  the  purchaser,  a  descrip- 
tion of  the  premises  sold,  the  amount  of  the  tax  or  assess- 
ment, with  the  interest  and  the  expenses  for  which  the 
same  was  bold,  and  the  time  when  the  right  to  redeem 
will  expire.  The  collectors  shall  be  entitled  to  the  same 
fees  for  selling  as  allowed  by  law  for  similar  services. 
The  clerk  shall  keep  a  record  of  such  sales,  which  shall  Kcorjofmn. 
be  oj)en  to  public  inspection,  at  all  reasonable  times. 

§  11.  The  right  of  redemption,  in  all  cases  of  sales  for  ngucmfuon. 
taxes  or  assessments,  shall  exist  to  the  owners,  his  heirs, 
creditors  or  assigns,  to  the  same  extent  as  is  allowed  by  law 
in  the  case  of  sales  of  real  estate  for  taxes,  on  the  payment, 
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, y'v;i//ir  covvrl,  or 
lunatic,  be  sold  under  this  act,  t'le  same  may  be  redeemed 
at  any  time  within  one  year  after  such  disability  be  re- 
moved. In  case  of  redemption,  the  money  may  be  paid 
to  the  purchaser,  or  for  him,  to  the  city  clerk,  who  shall 
make  a  special  deposit  thereof  with  the  trtasur*»r,  taking 
his  leceipt  therefor.  If  not  redeemed  according  to  law, 
the  city  council  shall,  upon   the  return  of  the  certificate, 


1S57.  138 

or  proof  of  its  loss,  direct  a  deed  to  be  executed  to  the 
purchaser,  under  the  corporate  seal,  signed  by  the  mayor 
or  presiding  otlicer  of  tlie  council  and  countersigned  by 
tho  clerk,  conveying  to  such  purchaser  tluj  premises  so 
sold  and  unredeemed  as  aforesaid.  An  ahstract  of  all 
deeds,  so  made  and  delivered,  shall  be  entered  by  the 
clerk  in  tlie  book  wherein  tax  sales  are  recorded.  A  fee 
of  one  dollar  may  be  cliarged  by  the  clerk  for  every  deed 
60  i?*;ued. 

§  IJ.  The  assignee  of  any  tax  certificate  of  any  prem- 
ises sold  for  taxes  or  assessments,  tinder  authority  of  said 
city,  shall  be  entitled  to  receive  a  deed  of  such  j)romise9, 
in  his  own  name,  and  with  the  same  eifect  as  tiiough  he  had 
been  the  original  purchaser. 
ari«  o<  (Ml  or  §  !•>•  1'  **t  any  sale  of  real  or  personal  estate,  for  taxes 
pMMiuiMuw.  Of  assessment,  no  bid  shall  be  made  for  any  parcel  of  land 
or  any  goods  and  chatties,  the  same  shall  be  struck  off  to 
the  city  ;  and  thereupon  the  city  shall  receive,  in  tho  cor- 
porate name,  a  certificate  of  the  sale  thereof,  and  shall  be 
vested  with  the  same  rights  as  other  purchasers  at  such 
sales. 
D*««?i  .f  i.vr.i  §  1-i-  All  deeds  made  to  purchasers  of  lots  sold  for 
••*afjriA»«.  taxes  or  assessments,  by  order  of  the  council,  sha.'I  be 
prima  faric  evidence  in  controrersies  and  suits  in  relation 
to  the  right  of  the  purchaser,  his  or  her  heirs  or  assigns, 
to  t!ie  premises  thereby  conveyed,  of  the  following  facts  : 
First — That  tlie  land  or  lot  conveyed  was  subject  to  tax- 
ation or  assessment  at  the  time  the  same  was  advertised 
for  sale,  and  had  been  listed  and  assessed  in  the  time  and 
manner  required  by  law.  Second — That  taxes  or  assess- 
ments were  not  paid  at  any  time  before  the  sale.  Third— ~ 
That  the  lands  conveyed  had  not  been  redeemed  from  the 
sale  at  the  date  of  the  deed  ;  and  shall  be  conclusive  evi- 
dence of  the  following  facts:  1st — Tiiat  the  land  or  lot 
was  advertised  for  sale,  in  the  manner  and  for  the  length 
of  time  required  by' law  ;  2nd — That  the  land  was  sold 
for  taxes  or  assessments,  as  stated  in  the  deed  ;  IJd — 'J'hat 
the  grantee  in  the  deed  was  tlie  purchaser;  lih — That 
the  Kale  was  conducted  in  the  manner  required  by  law. 
And  in  all  controversies  and  suits  involving  th(!  title  to 
land  claimed  and  held  under  and  by  virtue  of  such  deed 
tlie  person  or  persons  claiming  the  title  adverse  to  the  title 
convey#'d  by  such  d*'ed  shall  be  required  to  prove,  in  or- 
der to  dpfen«l  the  said  title,  either  that  the  land  was  not 
stibjpct  to  taxation  at  the  date  of  the  sale'  ;  that  the  taxes 
or  assessments  had  been  paid  ;  that  the  land  had  never 
been  listed  and  assessed  for  taxation  or  assessment;  or 
that  the  same  had  been  rrde<med  according  to  tho  pro- 
visions of  this  act  ;  and  that  such  redemption  was  made 
for  tho  use  and  benefit  of  the  persons  having  the  right 


139  1867. 

of  redemption,  under  the  laws  of  this  state  ;  but  no 
person  shall  be  permitted  to  question  the  title  acquired  by 
the  said  deed  witlioiit  first  showing  that  he,  siie  or  they, 
or  tiie  person  under  whom  he,  she  or  they  claim  title,  had 
[title]  to  the  land  at  the  time  of  the  sale,',or  that  t''e  title  was 
obtained  from  the  United  St'itesor  this  state  after  the  sale, 
and  that  all  taxes  due  upon  the  lands  have  been  paid  by 
such  person  or  the  person  under  whom  he  claims  title  as 
aforesaid. 

City  Council-^Jts  General  Powers  and  Duties. 

Mombon  of  city 

§  1.  The  mayor  and  aldermen  slmll  constitute  the  city  '^ 
council  of  said  city.  Tiie^city  council  shall  meet  at  such 
times  and  places  a«?  they  sliall  by  resolution  direct.  Tiie 
mayor,  vviien  present,  shall  preside  at  all  meetings  of  the 
city  council  and  shall  have  a  casting  vote  only ;  in  his  ab- 
sence any  one  of  the  aldermen  may  be  appointed  to  preside. 
A  majority  of  the  persons  elected  as  aldermen  shall  consti- 
tute a  quorum.  CoMiiraticni 

§  2.  No  member  of  the  city  council  shall,  during  the 
period  for  which  he  was  elected,  be  appointed  to  or  be 
competent  to  hold  any  office  ot  which  the  emuluments  are 
paid  from  the  city  treasury,  or  paid  by  fees  directer'  to  be 
paid  by  any  act  or  ordinance  of  t}ie  city  council,  oi  he  di- 
rectly or  indirectly  interested  in  any  contract,  the  ex- 
penses or  consideration  whereof  are  to  be  paid  under  any 
ordinance  of  the  city  council.         '  '"^^j""  **'' 

§  3.  The  city  council  shall  hold  stated  meetings,  and 
the  mayor  or  any  two  alderman  may  call  special  meetings, 
by  notice  to  each  of  the  members  of  said  council,  served 
personally  or  left  at  their  usual  place  of  abode.  Petitions 
and  remonstrances  may  be  presented  to  the  city  council, 
and  the  council  shall  determine  the  rules  of  its  own  pro- 
ceedings and  be  the  judge  of  the  election  and  qualification 
of  its  own  members  and  have  power  to  compel  the  attend- 
ance of  absent  members  ;  to  punish  for  disorderly  conduct, 
and  by  a  vote  of  two-thirds  of  the  aldermen  elected  to  ex- 
pel any  alderman;  but  if  such  alderman  be  re-elected  to  fill 
the  vacancy  occasioned  by  the  expulsion,  he  shall  not  be 
again  ex])elled  for  the  same  offence.  contr«i  of  ri^ 

§  4.  The  city  council  shall  have  the  management  and  *^''"""'  *^<^«'' 
control  of  the  finances  and  all  property,  real,  personal  and 
mixed,  belonging  to  the  corporation,  and  shall  likewise 
have  full  and  exclusive  power  and  authority,  within  the 
jurisdiction  of  the  city,  by  ordinance  ;  but  it  shall  not  be 
lawful  for  said  city  council,  in  making  improvements,  to 
issue  city  scrip  or  orders  on  the  treasurer  to  circulate  as 
money,  hut  the  same  when  not  paid  in  money  shall  be  paid 
in  bonds  bearing  interest. 


iSoT. 


140 


Ciiy         cnniK-i:, 
pw«r«r  Uieiivr. 


Maki* 
■i«ou 


First — To  appropriate  money  and  to  provide  for  the 
payiuent  ot'  the  debt  and  evpense  of  the  city. 

Sccotui — To  levy  and  collect  taxes  npon  all  persons 
and  property  made  tax  able  by  law  for  state  purposes, 
whenever  the  interest  of  tlie  city  may  reijuire. 

T/niii — To  borrow  inonoy  on  tlie  faith  and  ])leds;e  of  the 
city,  and  issue  bonds  thertfor;  said  bonds  not  exceeding 
one  thousand  dollars  each,  bearing  interest  not  exceeding 
eight  j)er  ct-nt.  per  anntrn. 

Fourth — To  iniprovt,  regulate  and  preserve,  by  locks, 
dams  or  otherwise,  the  navigation  of  Galena  river  and  its 
branches. 

Fijth — To  improve  and  preserve  the  navigation  of  the 
Mississippi  river  within  the  riiy. 

Sixth — To  ere  -t,  rejiaii  an  1  regulate  the  public  wharves, 
docks  and  ways,  and  wharfag,^  thereat;  to  regulate  the 
erection  and  re|)air  of  private  wharves,  and  the  rate  of 
wharfage  thereat;  to  erect  and  maintain  all  locks,  docks, 
dams,  ways  and  bridges,  in,  over  and  along  Galena  river 
and  its  branches. 

Sfi'ciith — To  remove  and  prevent  all  obstructions  in  the 
waters  which  are  navigable,  within  the  jurisdiction  of  said 
city,  and  to  widen,  turn,  straighten  and  deepen  the  .same, 
or  otiierwise  improve  the  navigiition  thereof. 

Ki':^!tth — To  prevent  and  })unish  forestalling  and  regra- 
ting,  and  to  prevent  and  restrain  every  kind  of  fraudulent 
devil'"'  and  prac'tice. 

,Vinth — To  restrain  and  ])rohibit  all  descriptions  of 
gaming  and  fraudulent  de\ices,  and  all  playing  of  dice, 
car<ls  and  other  games  of  chance,  witli  or  without  betting. 

TiuHi — I'o  r»"gulate  the  selling  or  giving  away  of  any 
ardent  spirits  by  any  shop  keeptr,  tradt-r  or  grocrr,  to  be 
drank  in  any  shop,  store  or  grontry,  outhouse,  yard,  gar- 
d-^n,  or  other  jjjace  within  the  eitv,  excej)t  by  itin  keepers 
duly  licensed. 

FJrvfulh — To  forbid  the  selling  or  giving  away  ar- 
dent spirits  or  other  intoxicating  li(jUors  to  any  child,  ap- 
prentice or  .•'ervan^,  without  ti.e  coiisont  of  his  or  her  pa- 
rent, guardian,  ma->ter  or  mi-^trt  ss,  or  to  any  Indian. 
Tt  tfwn  ii-tniM  Tv'ffJIh — To  license,  nmdate  and  restrain  tavern  keep- 
ers, grocers  ajid  keepers  of  ordinaries  or  victualing  or 
other  liOM»»'«or  places  for  the  s«  lling  or  giving  away  wines 
and  olhfr  liquors,   wlu'th«-r  ardent,   vinous  or  fermented. 

Thirtr'  ntit — To  license,  tax,  regulate,  suppress  and  pro- 
hibit biliirird  tables,  pin  alleys,  nine  or  ten  ])in  .'tlieys  and 
bail  alleys. 

Fonrtetnlh — To  license,  regulate  and  sup|)ress  hack- 
men,  draymen,  carters,  porters,  omnibus  drivers,  cabmen, 
packers,  carmen  and  all  others  who  may  puisne  like  uc- 


pvM*  aadviMer. 


141  1857. 

ciipations,  with  or  without  vehicle?,  under  other  cogno- 
mens, and  prescribe   tlie   coinpensalion. 

Ftjtei'uth — To  tax,  license  and  regulate  auctioneer?,  dis- 
tillers, brewers,  brokers,  pawnljrokers,  insurance  agents, 
money  changers  and  bankers,  and  to  impose  duties  upon 
sale  ot  goods  at  auction. 

Sixtetntk — To  license,  tax,  regulate  and  suppress  hawk-  ^ 

ers  and  peddlers. 

Stventttnlli  —  To  regulate,  license,  suppress  and  pro-  License*. 
hibit  all  exhibitions  ot  common  showmen,  sliows  ot"  i  very 
kind,  concerts  or  other  musical  entertainments,  by  iiiner- 
ant  persons  or  companies,  exhibitions  ot  natural  or  arti- 
ficial curiosities,  caravans,  circuses,  theatrical  perform- 
ance, and   all   other  exhibitions  and  amusements. 

Ei^^liliientli — To  authorize  the  major,  or  other  proper 
officer  of  the  city,  to  grant  and  issue  licenses,  and  direct 
the  manner  of  issuing  and  registering  thereof,  and  the  fees 
to  be  paid  therefor.  No  license  shall  be  granted  for  more 
than  one  jear :  Provuitd^  not  less  than  five  nor  more  than 
five  hundred  dollars  siiall  be  required  to  be  paid  lor  any 
license  under  this  act,  and  the  lee  for  issuing  the  same 
shall  not  exceed  one  dollar;  but  no  licenses  for  tiie  sale  of 
wines  or  other  liquors,  ardent,  vinous  or  fermented,  at 
wholesale  or  retail,  t»r  by  inn  keepers  or  others,  as  afore- 
said, shall  be  less  than  fifty  dollars.  Bonds  shall  be  taken 
on  the  granting  of  licenses  for  the  due  observance  of  the 
ordinances  or  regulations  of  the  city  council. 

^^'inteenth — To  prevent  any  riot  or  noise,  disturbance  To  propci^c  or- 
ar  disorderly  assemblage.  '^''^' 

Ticeiitictk — To  suppress  and  restrain  disorderly  houses 
and  groceries,  houses  of  ill-fame,  billiard  tables,  nine  or 
ten  pin  alleys  or  tables,  and  ball  alleys,  and  to  authorise 
tlie  destruction  and  demolition  of  all  instruments  and  de- 
vices used  for  the  purpose  of  gaming. 

Tweiity-first — To  compel  the  owner  or  occupant  ot  any 
grocery,  cellar,  tallow  chandler  shop,  soap  factory,  tan- 
nery, stable,  barn,  privy,  sewer,  or  other  unwholesome, 
nauseous  house  or  place,  to  cleanse,  remove  or  abate  the 
same,  from  time  to  time,  as  often  as  may  be  necessary  for 
the  health,  comlort  and  convenience  of  the  inhabitants  of 
said  city. 

Tiviyity-second — To  direct  the  location  and  manage- 
ment of  and  regulate  breweries,  tanneries  and  packing 
houses,  and  to  direct  the  location,  management  and  con- 
struction of,  and  regulate,  restrain  and  prohibit,  within  the 
city,  and  the  distance  of  one  mile  therefrom,  distilleries,  xo  r«ni»»t«  b«. 
slauiihtering  establishments,    establishments  for  steaming    """^  »n<i  q»- 

Jill  /r>    1  I  L  ffimvp      Mttb- 

and  rendering  lard,  tallow,  offal  and  sucli  other  substan-  uulbmj.h* 
ces  as  can  or  may   be  rendered,  and  all  establishments  or 
places  where  any  nauseous,  offensive  or  unwholesome  busi- 


1?57.  142 

ness  may  be  carried  on:  Providet/)  t'lat  for  the  purpose  of 
this  scrtion  thai  Galena  river  and  its  branches,  from  their 
respecti\e  inoutlis  to  their  respective  sources,  within  the 
city  limits  a»ui  the  lands  a<ijacent  thereto,  or  within  one 
hundred  rods  thereof,  sliall  be  deemed  within  tlie  jurisdic- 
tion of  the  city. 

Ticentij-third — To  cstablisli  and  regulate  markets  and 
other  public  buiidint;s,  and  provide  lor  their  erection,  de- 
termine tlieir  location,  and  authorize  their  erection  in  the 
streets  or  avenues  of  the  city. 
To  i«a«  •»!  rt^  Twcnty-fuurtk — To  regulate  and  license  or  prohibit 
«»ii  ucooHv.  butchers,  and  to  revoke  their  licenses  for  malconduct  in 
the  course  of  trade,  and  to  regulate,  license  and  restrain 
the  sale  of  fresh  meats  and  vegetables  in  tlie  city,  and  re- 
strain and  punish  the  forestalling  of  poultry,  fruit,  butter 
and  eggs. 

Tuentif-fijlh — To  direct  or  prohibit  the    location    and 
management  of  houses  for  the   storing  of  gunpowder  or 
other  combustible  and  dangerou?  materials  within  the  city. 
Tirentif-si.rth — The  regulate,  the  keeping  and  conveying 
of  gunpowder  and  other  combustible  and  dangerous   ma- 
terials, and  the  use  of  candles  and  lights  in  barns,  stables 
and  outhouses. 
topf«Tent»bTi»e       Ticintij-svvenfh — To  prevent  horse  racing,  immoderate 
*  »aja>»i.s       riding  or  driving  in  the  streets,  and  to  authorize  persons 
immoderately  riding  or  driving,  as  aforesaid,  to  be  stop- 
ped by  any   person,  and  punish  or   prohibit  the  abuse   of 
animah;  to  compel  persons  to  fasten  their  horses,  oxen  or 
other  animals,   attached  to  vehicles  or  (jtiicrwise,   while 
standing  or  remaining  in  the  street. 
T*  pn^tA  »-        TiC'ntij-cii^Uth — To    prevent  the    incumbering    of  the 
""^^ITiMe-  streets,  sidewalks,  lanes,  alleys,  public  grounds,  wharves 


VAlkS. 


and  docks,  with  carriages,  carts,  sleighs,  sled",  wiieel- 
barrows,  boxes,  lumber,  timber,  fire  wood,  posts,  awnings, 
signs  or  any  substance  or  material  whatever. 

Tirnitif-niittk — To  regulate  and  determine  the  times 
and  places  of  bathing  and  swimming  in  the  Galena  river 
and  its  branches  or  other  waters  in  and  adjoining  said  city, 
and  to  prevent  any  obscene  or  indecent  exhibition,  ex- 
posure or  conduct. 
f«  r««<Min  T*.  ThirtirtU — To  restrain  and  punish  vagrants,  meudicants, 
street  beggars  and  prostitutes. 

Thirtj/'Jiryl — To  restrain  and  regulate  or  prohibit  the 
running  at  largo  of  cattle,  horses,  swine,  slieej),  goats  and 
geese,  and  to  authori/.e  the  distraining,  impounding  and 
lale  of  the  same  for  the  penalty  incurred,  and  the  cost 
of  the  procecdiiiga,  aiul  ulso  to  impose  penalties  on  the 
owners  rf  any  Hiuh  animals  for  a  violation  of  any  ordi- 
nance in  reUtioQ  thereto. 


('•OU. 


113  1857. 

Thirttj- Second — To  prevent  and  regulate  the  running  at 
large  of  dogs,  and  to  authorize  the  destruction  ot"  the  same 
when  at  large  contrary  to  the  ordinance. 

Thirfij-t/iird — To  prevent  and   regulate  the  roiling  of  BcgniatcamuM- 
hoop-',  playing  at  ball,  flying  of  kites,  sliding  or  skating  in  ™'^^" 
the  streets,  or  any  other  amusements  or  practice  having  a 
tendency  to  annoy  persons  passing  in  the  streets  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Tliirti/fijurlh — To  make  regulations  to  prevent  the  in-  To  prevent  cvn- 
troduction  of  contagious  diseases   into  the  city;  to  make 
quarantine  laws  and  enforce  the  same  within  the  city  and 
not  to  exceed  fifteen  miles  beyond  the  city  bounds. 

Thirl ij-jijth — To  have  exclusive  power  over  the  streets  To  provcnt  m- 
and  alleys,  and  to  remove  and  abate  any  obstructions  and  mrcot^"fcc. 
encroachments  thereon. 

Thirtj/-fiixth — To  compel  all  persons  to  keep  the  snow, 
ice  and  dirt  from  the  sidewalk  in  front  of  the  premises 
owned  or  occupied  by  them. 

ThirfiJ-scventh — To  prevent  the  ringing  of  bells,  blow-  ^p  proTPnt  .nn- 

•'  111  •  f  J  ]        11  I  (Iry.llsturbancM 

ing  01   horns  and    bugles,  crying  ot  goon?,  and  all  other  otqmet  anuur- 
noists,  performances  and  devices  tending  to  the  collection 
of  persons  on  the  streets  or  sidewalks,  by  auctioneers  and 
others,  for  the  purpose  of  business,  amusement  or  other- 
wise. 

Tlilrhj-eii^hth — To   abate   and  remove   nuisances,  and  to    point    out 
punish  the   authors   thereof  by  penalties,  fine  and  impris-  ""*'"'"*^"- 
onment,  and  to  define  and  declare  what  shall  be  deemed 
nuisance,  a;.d  authorize  and.  direct  the  summary  abate- 
ment thereof. 

Thirtij-iiinth — To  license,  regulate  and  restrain  runners  Liconfc*. 
for  boats  and  stages,  cars  and  public  houses. 

Forlittli — To  regulate  the  burial  of  the  dead  and  regis- to  rogniate  bnr- 
tration  of  births  and  deaths;  to  direct  the  returning   and    *'^' 
keeping  of  bills  of  mortality,  and  to  impose   penalties  on 
physicians,  sextons  and  others  for  any  default  in  the  prem- 
ises. 

Forli/-firsf — To  appoint  watchmen  and  policemen,  and 
prescribe  their  duties  and  powers,  and  remove  the  same. 

Fortif-secund — To  regulate  the  measuring  and  inspect*  inspection      ©r 
ing  of  lumber,  shingles,  timber,  posts,  staves  and  heading,  "™'*"' *' 
Eind  appoint  one  or  more  inspectors. 

Fortij-tliird — To  regulate  the  place  and  manner  of  selU 
ing  pickled  and  other  fish,  and  inspecting  the  same.  Markctmjf. 

Furtij-fuurth — To  regulate  the  weighing  and  place  and 
manner  of  selling  hay. 

Furti/-fijth — To  regulate  the  measuring  of  wood  nnd  the 
weighing  and  selling  of  coal,  and  the  place  and  manner  of 
selling  the  same. 


l?yT.  144 

Te  iii*p<vt  rvvk.       Forfi/-s7.i'/h — To  regulate  the  inspection  of  flour,  meal, 
*•*'»*'■"  pork,  beef,  butter,  lard  anil  all  other  |)ro\  isions,  and   salt 

to  be  sold  in  barrels,  hogsheads  and  otiier  packages. 

Forfi/st  rtnfh — To  regulate  the  inspection  of  whisky 
and  other  liquors,  to  be  sold  in  barrels,  hogsheads  and 
others  vessels. 

Forti/'cii^hth  — To  regulate  tfie  weight,  quality  and  price 
of  bread,  to  be  sold  and  used  in  the  city. 
PHJnothojnt.c*       For 1 1/ -ninth — To  appoint  inspectors,  weighers,  gangers, 
•<  lasj^i  -..rs       j^j^j  regulate  their  duties  and  prescribe  their  {ees. 

Fijlivlh — To  create  and  regulate  the  police  of  said  city. 
Fijlif-first — To  provide  for  the  appointment  of  all  otfi- 
cers,  s**rvants  and   agents  of  the  city  not  otherwise  pro- 
vided for. 

Fiftif-second — To  provide  for  taking  enumeration  of  the 
inhabitants  of  the  city. 
T»m*k!»divisi..n       Filfif-third — To   divi(^e   the  ci<y  into  wards,  alter  the 
•«  w»rd*.  boundaries  thereof  and  erec^  additional  wards  as  the  occa- 

casion  and  interest  of  the  city  may  require,  preserving  as 
nearly  as  may  be  conveniently  done  an  equal  number  of 
inhabitants  in  each  ward. 

F/J'l  If -fourth  —  To  provide  the  city  with  water,  to  erect 
hydrants,  reservoirs,   cisterns,    fire-plugs   and   pumps,  in 
the  streets  within   or  beyond    the   boundaries  of  the  city, 
for  the  convenience  of  the  inhabitants  of  the  city  and  en- 
virons, and  to  prevent  the  unnecessary  waste  of  water. 
Fijtij fiftli — To  establish  and  regulate  public  pounds. 
,^i         Fijt>/-si.rtli — 'I'o  erect   lamps  and    regulate  the   lighting 
injiun4a<-ity.  thereof,  and,  from  time   to  time,   create,  alter  and  extend 

lamp  districts 
T»  •ubi'.th    •       Fiflif-siventh — To  regulate  and  license  ferries. 
Air^fwuo.  Fijiif-eitihth — To   erect   and   establish  a  city  prison   or 

Iiouse  of  correction,  ]>ass  all  necessary  ordinances  for  the 
regulation  thereof,  and  appoint  a  keeper  and  as  many  as- 
sistants as  may  be  neci'ssary.  In  the  said  city  ])rison  or 
house  of  correction  shall  be  ('onnned  all  vagrants,  strag- 
glers, idle  or  disorderly  persons,  who  may  be  committed 
thereto,  by  the  mayor  or  any  alderman  or  other  conserva- 
tor of  ill*'  pence,  and  all  persons  sentenced  by  any  crim- 
inal rnnrt  or  magistrate  in  and  for  the  city,  for  any  assault 
and  b;itf»ry,  j cfil  larceny  or  other  misdemeanor,  or  nun- 
iiihablc  by  imprisonment  in  any  county  jail,  shall  be  kept 
T.  w.fw-o  iho  therein  subject  to  labor  or  solitary  confinement. 
'^J^'-.:'Xu  Fiftif-v  tilth —  To  refjuire  every  merchant,  retailer, 
•MnrM-irca.  tfad'T,  and  doahr  in  merchandise  or  property  of  any 
descriptiriri  which  i^  Hold  by  measure  or  weight,  to  cause 
weights  and  measures  to  he  sealcci  by  the  city  sealer  and 
to  be  subject  to  his  inspection  ;  the  standard  of  which 
weights  anrl  meastires  shall  be  conformable  to  those  now 
established  by  law. 


us  1857. 

Sixtieth — To  preserve  tiie  harbor,  lo  prevent  any  use  to  prei^ervo  an^ 
of  the  same  or  any  act  in  relation  thereto,  inconsistent  ha/bor*' 
with  or  detrimental  to  the  public  health  or  calculated  to 
render  the  waters  of  the  same  or  any  part  thereof  impure 
or  offensive,  or  tending  in  any  degree  to  fill  up  or  obstruct 
the  same;  to  prevent  and  punish  the  carting  or  depositing 
therein  any  eartli.  ashes  or  other  substance,  filth,  logs  or 
floating  matter  ;  to  prevent  and  remove  all  obstructions 
therein  and  punish  the  authors  thereof;  to  regulate  and  pre- 
scribe the  mode  and  speed  of  enteringand  lea\ing  the  harbor, 
and  of  coming  to  and  departing  from  the  wharves,  landings 
and  streets  otthe  city,  by  steamboats,  vessels,  floats,  barges, 
rafts,  sand-boats,  floats  or  other  water  craft,  and  the  dis- 
position of  the  same  whilst  entering,  leaving  or  abiding  in 
the  harbor;  and  to  regulate  and  prescribe  by  such  ordi- 
nance or  through  their  harbor  master  or  other  authorized 
officer,  such  location  of  every  steamboat,  vessel,  flats, 
barges,  flatboat,  raits,  sand- boat  or  other  water  craft, 
and  such  changes  of  stations  in  and  use  of  the  harbor  as 
may  be  necessary  to  promote  order  therein,  and  the  safety 
and  equal  convenience,  as  near  as  may  be,  of  ail  such  boats, 
vessels,  floats,  raits  or  other  water  crafts,  and  may  impose 
penalties,  not  exceeding  one  hundred  dollars,  for  any 
ofi*ence  against  any  such  ordinance,  and  by  such  ordinance 
charge  such  penalties,  together  with  such  expenses  as  may 
be  incurred  by  the  city  in  enforcing  this  section  upon  the 
steamboat,  canal  or  sand-boat,  or  other  vessel,  water  craft 
or  float.  The  harbor  of  the  city  of  Galena  shall  include 
Galena  river  and  its  branches  and  the  Mississippi  river 
within  the  city  of  Galena. 

Sixtij-first — To    control,    regulate,    repair,    mend    and  ro  rcmir  »treM« 
clean  the  streets  and  alleys,  bridges,  side  and  cross  walks,   t .  cieuue  auy 
and  open,  widen,  straighten  and  vacate  streets  and  alleys,   8w»°'^<'f>*'^'^* 
and   put  drains   and  sewers    therein,  and   prevent  the  in- 
cumbering of  the  streets  in   any  manner,  and  protect  the 
game  from  any  encroachment  and  injury. 

Sixfi/-scco}i(/ — To  direct  and  regulate  the  planting  and 
preserving  ornamental  trees  in  the  streets  and  [)ublic 
grounds. 

Sixli/'third — To  fill  up,  drain,  cleanse,  alter,  relay,  re- 
pair and  regulate  any  grounds,  yards,  basins,  slips,  cellars, 
private  drains,  sinks  and  privies,  direct  and  regulate  their 
construction,  and  cause  the  exj)enses  thereof  to  be  as- 
sessed and  collected  iu  the  same  manner  as  sidewalk 
assessments. 

Sixf;j-/ijut'ih — To  erect  and  establish  one  or  more  hos- 
pitals or  dispensaries,  and   control  and   regulate  the  same. 

Sixhj-fiith — To  abate  all  nuisances  which  are  or  may  be  To«b»UiU  quu 
injurious  to   the   public   health,  in  any  manner  they  may 
deem  expedient. 
—32 


1857.  UG 

Sh-ti,'-sufh — To  ilo  all  acts  and  make  all  regulations 
which  may  he  necessary  or  expedient  for  the  preservation 
of  health  and  the  suppression  of  disease. 

S/'.rf/i-sennfh —To   prevent  any  person  from  bringing, 
depositing  or  having  within  the  limits  of  said  city,  any  dead 
carcass  or  any  other  unwholesome  substance,  and  to  rt'(|uire 
the  removal  or  destruction,  by  any  person  who  shall  have, 
place,  or  cause  to   be  placed    upon  or  near  his   premise?, 
any  fuch  substance,  or  any  putrid  or  unsound  beef,  pork 
or  fish,  hides  or  skins  of  any    kind,  and  on  his   default,   to 
authorize  the  removal  or  destruction  thereof  by  some  offi- 
cer of  said  city. 
To  prv^ide   f  r       St'.v/y' eig/if/t — To  aiitiiorizc  the  taking  up,  and  provide 
ti^nnt  child-  forthesafe  keeping  and  education,  for  such  periods  of  time 
as  may  be  deemed  expedient,  of  all  childr(n  who  are  des- 
titute of  proper  jjarcntal  care,  wandering  about  the  streets, 
committing  mischief  and  growing  up  in  mendicancy,  ig- 
norance, idleness  and  vice. 
ToMcrciMjcn        Sufi/-ninfh — To    have    the   exclusive  power,   control, 
Mr«.r'«na*'7u  authority  and  jurisdiction  in  and  over  (ialena  river  and  its 
braiKhca.  branches  from  their  respective  mouths  to  their  respective 

sources  within  the  state  o(  Illinois,  and  may  erect,  construct, 
or  to  permit  or  cause  or  procure  to  be  erected  and  con- 
struct lloats  and  suitable  dnnv  bridges,  locks,  dams,  docks 
and  ways,  in  or  over  said  river  and  its  branches  or  in  and 
along  the  banks  of  the  same,  and  may  toll,  lease,  regulate, 
repair  and  keep  the  same  repair,  and  shall  have  authority 
and  jurisdiction  in  and  over  all  streams  and  rivers  for  the 
j)urpose  of  cl.angiiig  and  diverting  the  waters  thereof  into  the 
Galena  river  or  its  branches  as  fet-dt-rs  to  said  Calena  river 
at  such  points  as  the  city  council  may  by  ordinance  direct; 
and  it  shall  be  lawful  to  enter  on  and  along  the  banks  of  said 
Galena  river  and  its  branches,  or  on  any  land  or  real  estate, 
take  and  condemn  the  same,  and  do  all  or  any  act  or  acts 
deemi'd  necessary  for  all  or  any  j)urpose  specified  in  this 
fecti'^n,  and  do  all  other  act  or  acts  necessary  to  im[)rove 
tlie  navigation,  trade  and  commerce  of  Galena  river  and 
its  branches  ur  the  harbor  of  the  Oto  city  of  Galena,  and 
cause  all  d;imag»-  or  benefit  th.it  may  arise  to  be  assessed 
and  collected  or  paid  in  the  same  manner  us  assessments 
for  publi.-  imj)rovt  infants. 

Siiiiitirl/i  To  direct. 'ind  control  the  laying  and  construc- 
tion of  railroad  tracks,  bridges,  turn-outs  and  switches  in  the 
•trcct«  and  alleys  within  the  city  ;  to  requirr;  that  railroad 
tracks,  brirlgr-^,  turn-outs  and  switches  shall  be  so  con- 
«tructe<l  and  laid  as  to  interfere  as  little  as  possible  with 
the  ordinary  travel  anfl  use  of  the  street^  and  alleys;  and 
(hat  mffrient  Jipaee  shall  be  left  on  either  side  of  said 
tracks  for  the  safe  and  convenient  passage  of  teams  and 
persons  ;  to  rerjuir**  railroad  companies  to  keep  in   repair 


147  1867. 

the  streets  through  which  tlieir  track  may  run,  and  to  con- 
struct and  kt-ej)  in  rej)air  suitable  crossings  iit  the  inter- 
sections of  streets  and  alleys,  and  ditches,  sewers  and  cul- 
verts, when  the  city  council  shall  deem  necessary;  to  direct 
and  prohibit  the  use  and  regulate  the  speed  o(  locomotive 
engines  within  the  inhabited  portions  of  the  city;  to  pro- 
hibit and  restrain  railroad  companies  from  doing  storage 
or  warehouse  business  or  collecting  pay  for  storage. 

Si'veiitij-Jirst — To  regulate,  con'rol  and  direct  tl»e  laying 
and  repairing  of  gas  pij)es  and  gas  fixtures  in  the  streets, 
alleys  an  sidewalks. 

Sevev.tij-sccojid — The   rity   council  shall    have   the   ox-  '^'  '■<^"'iic  in- 

.  •'  •'  ,  .  .  ,      .  Mirance  compa- 

elusive  power  to  license,  tax  and  regulate  within  said  city   i^ie*. 
all  insurance  companies  and  their  agencies  doing  business 
in  said  ci'.y,  and  to  compel  said  companies  or  their  agents 
to  take  out  such  licenses  and  pay  such  taxes. 

Sevenlif-lliinl  —  To  prohibit  the  erection  of  awnings  or 
sheds  and  signs,  and  direct  and  control  the  erection  thereof. 

Seventij-Jourlh — The  citv  council  shall  have  power  to  '''o  p*''*"'"' p«»»- 
pass,  publish,  amend  an<l  repeal  all  ordinances,  rults  and 
police  regulations,  not  contrary  to  the  constitution  of  the 
United  States  or  of  this  state,  for  the  good  government, 
peace  and  order  of  the  city,  and  the  trade  and  commerce 
thereof,  that  may  be  necessary  or  proper  to  carry  into 
effect  the  poweis  vested  by  this  act  in  the  corporation,  the 
city  government  or  any  department  or  officers  thereof,  and 
all  other  powers  as  a  municipal  corporation  at  common 
law;  to  enforce  the  observance  of  all  such  rules,  ordinance 
and  police  regulations,  and  to  punish  violations  thereof  by  To  punish  viois- 

nes,  penalties  and  imprisonment  m  tfie  county  jail,  city  cos. 
prison  or  house  of  correction  or  both,  in  the  discretion  of 
the  court  or  magistrate  before  wh»»n:  conviction  may  be 
had,  but  no  fine  or  penalty  shall  exceed  five  hundred  dol- 
lars nor  the  imprisonment  six  months  for  any  ofTenco;  and 
such  fine  or  penalty  may  be  recovered  with  costs  in  an 
action  of  debt,  in  the  name  or  use  of  the  city,  btfore  any 
court  having  jurisdiction,  and  punishment  inflicted  ;  and 
any  person  upon  whom  any  fine  or  penalty  is  imposed  shall 
stand  committed  until  the  payment  of  the  same  and  costs, 
and  in  default  thereof  may  be  imprisoned  in  the  county 
jail,  city  prison  or  house  of  correction,  or  required  to  labor 
on  the  streets  or  other  public  works  of  the  city,  for  such 
time  and  in  such  manner  as  may  be  provided  by  ordinances. 

Fire    Department. 

§   1.     The  city  council,  for  the   purpose    of  guarding  fire  proof  i>niw- 
against   the   calamities   of  fire,  phall   lia\p   power  to  pre-    ^^'^'' 
scribe  the  limits  within  which  wooden   buildings  shall   not 
be  erected  tr  placed  or  repaired,  without  the  permission 


1857.  148 

of  tlie  city  council,  and  to  direct  that  all  and  any  buildings 
within  the  limits  prescribed  shall  be  made  or  constructed 
of  fire  ]>roof  materials,  and  to  prohibit  the  repairing  or  re- 
buililini;  of  wooden  buildings  witliin  the  fire  linats,  when 
the  same  shall  have  been  damaged  to  the  extent  of  fifty 
per  cent,  of  tlie  value  thereof,  and  to  prescribe  the  manner 
of  ascertaining  such  damage. 

^   2.     The  city  council  shall  also  have  the  power, 
ct;n:cfn.  J-'ivst — To  reguliite  the  construction  of  chimneys,  so   as 

to  admit  ciiimney  sweeps,  and  to  compel  the  sweeping  and 
cleaning  of  chimneys. 

StcoJid — To   prevent  the  dangerous    construction    and 
condition  of  chimneys,  fire  places,  hearths,  stoves,  stove- 
pipes, ovens,  boilers  and  apparatus,  in  and  about  any  build- 
ing or  manufactory,  and  to  cause  the  same  to  be  removed 
or  placed  ilia  safe  and  secure  condition,  when  considered 
dangerous. 
MiiMiiifMit*^       Third — To  prevent  the  deposit  of  ashes  in  unsafe  places, 
and  to  appoint  one  or  more  officers  to  enter  into  all  build- 
ings and  inclosures  to  discover  whether  the  same  are  in  a 
dangerous  state,   and  to  cause  such  as  may  be  dangerous 
to  be  put  in  safe  condition. 
riwiAiacot  ire       /"of/r/A  — To  require  the  inhabitants  to  provide  as  many 
M*^*,  ke.      jj|,p  buckets,  and  in  such  mnner  and  time  as  they  shall  pre- 
scribe, and  to  regulate  the  use  of  them  in  times  of  fire. 

Fifth — To  regulate  and  prevent  the  carrying  on  of 
manufactories  dangerous  in  causing  or  promoting  fire. 

.SVj-M — To  regulate   and  prevent  tlie  use  of  fire  works 
and  fire  arms. 
b«tt:»i  %tA\MA-       Sniuth — To  compel  the  owners  or  occupants  of  houses 
^*^^««.«ir<  ^^  other  buildings  to  have  scuttles   in  the  roofs,  and  stairs 
or  ladders  leading  to  the  same. 

IVtv^hth — To  authorize  the  mayor,  aldermen,  fire  war- 
dens, or  other  officers  of  said  city  to  keep  away  from  the 
riciiiitv  of  any  fire  all  idle  anp  suspicious  persons,  and  to 
compel  all  officers  of  said  city  and  other  persons  to  aid  in 
the  extinguishment  of  fires,  and  in  the  preservation  of 
property  exposed  to  danger  thereat. 

S'intli — And  generally  to  establish  sueli  regulations  for 
the  prevention  and  extinguishment  of  fires  as  the  city 
council  may  deem  expedient. 

^  ?,.  The  city  council  shall  |)rocur«!  fire  engines  and 
other  apparattu  uned  for  the  extinguishment  of  fires,  and 
havr  the  charge  and  control  of  the  same,  and  provide  for 
and  iecure  engine  houses  anfl  other  places  for  keeping  and 
pre«ervingth»-  fi.-ime,  and  shall  havi-  power, 

fimt—To  organize  fire,  hook,  hose,  bag,  ladder  and 
axe  companies. 

Sirnnd — To  appoint,  during  their  pleasure,  n  compe- 
tent number  of  able  and  reputable  inhabitants  of  said  city 


rut 


149  1857. 

firemen,  to  take  the  care  and   management  of  the  engines  lirmuj. 
and  otiier  apparatus  and  implements  used  and  provided  for 
the  extingushinent  of  fires. 

Third — To  prescribe  the  duties  of  firemen,  and  to  make 
rules  and  regulations  for  their  government,  and  to  imj)ose 
reasonable  fines  and  forfeitures  for  violation  of  tlu;  same, 
and  for  incapacity,  neglect  of  duty  or  misconduct  to  re- 
move them. 

§  4.  The  chief  and  assistant  engineers  of  the  fire  de-  """inec" »'flr« 
partment,  with  the  other  firemen,  shall  take  the  care  and 
management  of  the  engines  and  other  apparatus  and  imple- 
pleinents  used  and  provided  forthe  extinguishment  of  fires, 
and  their  duties  and  powers  shall  be  defined  by  the  city 
council. 

§  •").  The  members  of  the  city  council  and  firemen  tnimuiuuM  •< 
shall  during  their  term  of  service  as  such  be  exempt  from 
serving  on  juries  in  all  courts  of  this  state,  and  in  the 
militia,  and  shall  likewise  be  exempt  from  working  out  any 
road  or  street  tax  ;  tiie  name  of  each  fireman  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,  made  within  the  year  in 
which  the  exemption  is  claimed. 

§  G.  Every  fireman  who  shall  have  faithfully  ser\ed  as 
such  in  said  city  for  the  term  of  ten  years  shall  be  there- 
after exempt  from  serving  on  juries  m  all  courts  in  this 
state  or  in  the  militia,  except  in  case  o:  war,  invasion  or 
insurrection,  and  the  evidence  to  entitle  such  person  to 
such  exemption  shall  bo  a  diploma  under  the  corporate 
seal,  signed  by  the  mayor  and  cleik. 

Board  of  Health. 

§  1.  The  board  of  health  shall  consist  of  three  or  more 
commissioners,  to  be  appointed  annually  by  the  city  coun- 
cil; and  the  mayor  or  presiding  officer  of  the  city  council 
shall  be  president  of  said  board,  and  the  city  cleik  shall  be 
clerk  there  )f,  and  keep  minutes  of  its  proceedings. 

§  '1.  It  shall  be  the  duty  of  health  officers  to  visit  every  onticfn; 
sick  person  who  may  be  reported  to  the  board  of  health 
as  hereinafter  provided,  and  to  report,  with  all  convenient 
speed,  their  opinion  of  the  sickness  of  such  person  to  the 
clerk  of  the  said  board  of  health;  and  to  visit  an  I  inspect, 
at  the  request  of  the  president  of  said  board,  all  boats  or 
vessels  coming  or  lying  and  be«ng  within  tlie  harbor  of  the 
city,  which  are  suspected  of  having  on  board  any  pestilen- 
tial or  infectious  disease,  and  all  stores  and  buiKlings  which 
are  suspected  to  contain  unsound  provisions  or  damaged 
hides,  or  other  articles,  end  to  make  report  of  the  state 


hMlth 


185T.  150 

of  the  same,  with  all  convenient  speed,  to  the  clerk  of  the 
boartl  of  health. 
in;ectcOi^«r>c«».       5   •'•     All  persons  in  saiJ  cltv,  not  residents  thereof,  who 
shall  be  infected  with  any  pestilential  or  infections  disease, 
and  all  thino;s  which  in  the  opinion  of  said   board  shall  be 
infected  by  or   tainted  with   pestilential   matter  and  on^ht 
to  be  removed,  so  hs  not  to  endanger  the  health  of  the  city, 
shall  by  order   of  saiil   ho.^rd  he   removed  to   s<>me  j)roper 
place,  not  exceeding  filteon  miles  beyond  the  city  bonnds, 
to  be   provided  by  the  board  at  the  exi)ense  of  the  person 
who  may  be  removed,  if  able  ;  and   the  board   may  order 
any  fnrnitnre  or  wearing   apparel  to  be  destroyed   when- 
ever they  may  jndge  it  to   be  necessary  for  the   health  ef 
the  city,  by  making  just  compensation. 
T«««i« rapiwM4       ^  4.     In  case  any  boat  or  vessel  shall  come  or  be  with- 
in t^ins^Ta^  in  the  harbor  or  jurisdict'on  of  the  city,  and  the  said  board 
•**•  of  health  shall  believe  that  such  boat  or  vessel  is  danger- 

ous to  the  inhabitants  of  said  city,  in  consequence  o(  her 
bringing  and  spreading  any  jx'Stilential  or  infectious  dis- 
ease among  said  inhabitants,  or  have  just  cause  to  suspect 
or  believe  that  if  said  boat  or  vessel  is  sullered  to  remain 
within  the  harbor  or  jurisdiction  aforesaid  it  will  be  the 
cause  of  spreading  among  the  said  inhabitants  any  pesti- 
lential or  infectious  disease,  it  shall  and  may  be  lawful 
for  the  saiil  board,  by  an  order  in  writing,  signed  by  the 
president  for  the  time  being,  to  or<1er  such  boat  or  vessel  to 
be  forlhwith  removed  to  any  distance,  not  exceeding  fifteen 
miles  beyond  the  bounds  of  said  city,  after  the  delivery  of 
such  order  to  the  owner  or  consignee  of  said  boat  or  vessel 
to  quarantine  under  ^iuch  r»'gtilatiniis  and  for  such  time  as 
the  coui:(il  orllie  board  of  health  may  j>rescril)e;  and  if  the 
master,  owner  or  consignee  to  whom  such  order  shall  be 
••MMi  <4  mt*-  delivered,  shall  neglect  or  refuse  to  obey  the  regulations 
ur  looter.  which  may  be  prescribed,  the  said  president  may  enforce 
such  removal  or  other  regulations,  in  such  manner  as  the 
council  may  by  ordinance  direct;  and  such  master,  owner 
or  consignee  shall  be  c-onsi(]<  red  guilty  of  a. misdemeanor, 
and  on  conviction  slull  he  fined  a  sum  not  exceeding  two 
rtMii*  o«  rMo-  hundred  and  fifty  dollars,  and  imprisoned  not  exceeding 
six  months  in  the  jail  of  Jo  Daviess  county,  or  in  the  city 
bridewell  or  house  r)f  correct  ion,  by  any  court  having  cog- 
nii^ance  thereof.  The  sa«d  fine  shall  he  paid  into  th«;  trea- 
sury. 
otbf  «%t,t%  ,4  ^  •>  The  health  officers  may  be  authorized  by  the  city 
llilitik'l'*'*  **  council,  whi-n  the  public  interests  require,  to  exercise,  for 
the  time  bf-ing,  such  of  the  power"  and  perform  such  of  tho 
duliei  of  mar<4hal,  street  commissioner  and  constable,  as 
the  city  council  may  in  their  fli^cretion  direct,  and  fhall 
be  authorized   to  enter  all  liousi-s  and   other  places,  pri- 


151  1857. 

vate  and  public,  and  boats  or  other  vessels,  at  all  times  in 
the  discharge  of  any  duty  under  this  act. 

§  G.     The  city  council  shall  have  powirto  prescribe  the  '';;;;lj^'"'^''"- 
powers  and  duties  of  tiie  board  of  health,  and  to  punish  by 
fine  or  imprisonment,  or  both,  any  refusal  or  neglect  to  ob- 
serve tlie  orders  and  regulations  of  the  board. 

5  7.  Everv  person  practising  pliysic  in  the  city  who  oi.UKations  of 
shall  have  a  patient  labonng  under  iiny  malignant  or  yel- 
low fever  or  other  infectious  or  pestilential  disease,  shall 
forthwith  make  report  thereot  in  writing  to  the  clerk  of 
said  board,  and  for  neglecting  to  do  so  he  shall  be  con- 
sidered guilty  of  a  misdemeanor,  and  to  be  liable  to  a  fine 
of  fifty  dollars,  to  be  sued  for  and  recovered  in  any  court 
having  cognizance  thereof,  with  costs,  for  the  use  of  said 
city. 

Schools  and  School  Funds. 

§  1.  The  said  city  council  shall,  by  virtue  of  their  offices,  School  irnBicei. 
be  trustees  of  the  common  schools  in  and  for  said  city  of  Ga- 
lena; and  they  shall  also  have  full  power  and  authority  to 
establish,  maintain  and  regulate  such  schools  as  they  may 
think  proper  and  expedient,  and  may  sue  for  ;  nd  collect  all 
money  arising  from  any  fund  for  the  support  of  schools  or 
for  educational  purposes,  either  from  tlie  government  of 
the  United  States,  state  of  Illinois  or  from  any  township 
in  the  state  of  Illinois,  and  to  wliicli  the  inhabitants  of  Ga- 
lena may  now  or  hereafter  be  entitled;  and  when  collected 
shall  be  paid  to  the  treasurer  of  the  city  of  Galena,  to  be 
expended  by  said  city  council  for  purpose  of  education 
within  tlie  limits  of  said  city  and  f.ir  no  other  purpose. 

§   '1.     The  city  council  shall  have  power. 

First — To  lay  off  and  divide  the   city  into  school  dis-  saooi  districts, 
tricts,  ulter  the  same  and  create  new  ones. 

Second — To  purchase  or  lease    sites   for  school  houses, 
with  the  necessary  grounds. 

Third — To  erect,  hire  or  purchase  buildings  suitable  for 
school  houses,  and  keep  the  same  in  repair. 

Fourth — To    furnish   schools    with    necessary  fixtures,  G'««or»i       r-"- 

/•  -i  IM  •  1  .  viKinnn  for    c»- 

turniture,  libraries   and  apparatus.  tii.i'.shin«   «nu 

Fifth — To    establish,    support   and    maintain   common  J^t!^',"!"'"' 
schonjg. 

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

Seventh — To  prescribe   the  studies  to  be  taught   in  the 
different  schools,  and  school  books  to  be  used. 

Kij;ldh — To   appoint  a   board  of  school  inspectors,  not  S'^f"^    imp«<:»- 
exceeding  five  in  nuorber,   and  to  prescribe  tiie  duties  of 
such  inspectors. 

A^nth — To  cause  the  public  moneys  for  the  support  of 
schools,  to  which  the  said  city  or  the   schools  thert  in  may 


1S57.  152 

be  entitled,  to  be  paid  into  the  city  treasury,  and  to  direct 
the  expenditure   tljereot'. 

Ttnlh — To  apply  the  inadequacy  of  such  money  for  the 
payment  of  teacliers  by  a  school  tax. 

Illtviiith — To  levy  and  collect  taxes  for  tliat  purpose, 
and  for  the  building  of  school  hou^ses,  and  repairing  the 
same,  and  for  other  purposes  mentioned  in  tliis  article;  the 
said  taxes  to  be  called  school  taxcsj  and  the  funds  thereof 
shall  be  kept  a  separate  fund. 

Miscellaneous  Provisions. 

ri*:»c witiartv  §  1.     That  lots  numbered  sixty-one,  sixty-two,  sixty- 

three  and  sixty- four,  in  the  city  of  G.ilenn,  known  as  the 
Market  HiMise  Sqiare,  with  the  market  house  and  build- 
ings thereon,  are  htrt-by  made  a  jiublic  square  and  public 
buildings,  and  any  other  s(juare,  h't,  building  and  grounds 
now  or  herealter  laid  out  or  erected  for  the  public  use  and 
benefit  of  the  rcsid»nts  of  said  city  shall  be  deemed  public 
squares,  lots,    buildings    and    grounds,   together  with    all 

rrnr«rtr ciempt  their  aj)purtenances;  and   that  ali    fire   engines    and  other 

fomuxaiiou  jj^.  ij.n^j.„t5  used  for  the  extinguishment  of  fires,  with  the 
buihliiigs  for  the  safe  keej)ing  thereof,  and  for  the  meet- 
ings of  fire  compaiiies,  whether  belonging  to  the  city  or  to 
any  fire  companies  organized  therein,  and  all  boats,  locks, 
dock",  ways,  dams,  engines,  fixtures,  implements,  goods 
and  chattels  of  any  kind  or  deseription  helnnging  and  used 
exclusively  for  the  city  of  (Jalena  for  the  improvement  or 
benefit  of  said  city  or  (Jalena  ri\er  and  its  branches  shall 
He  forever  exempt  from  taxation,  attachment  and  execu- 
tion ;  also,  all  cemetery  lots  which  have  or  may  hereafter 
be  laid  out  and  sold  hy  said  city  for  private  ])laccs  of  burial 
with  the  appurtenances  shall  forever  be  exempt  from  ex- 
t'Ctr.ion,  tax'^tion  and  attachment. 

*«i^"*»«i  «-  §  -.  That  the  several  wards  in  the  city  of  Galena,  now 
erected,  a' d  any  other  war  Is  hereafter  erected  in  said 
city,  shall  be  entitled  to  elect  two  su])ervisors  in  each 
ward  in  addition  to  the  township  suj)«rvisors,  and  the 
icveral  supervidors  so  elected  shall  he  members  of  the 
board  of  supervisors  (»f  Jo  F)a\iess  Cf)un1y,  :ind  shall  pos- 
gei«  an  enjoy  all  the  rights,  j)owersand  privileges  that  are 
DOW  or  hireafler  shall  he  procured  and  enjoyed  by  the 
jipveral  township  supervisors  of  the  said  county  of  Jo  Da- 
v'unn.  The  elerti')n  for  such  additional  supervisors  to  bo 
held  at  the  same  tim*-  and  place,  and  in  tliH  same  manner 
as  the  election  for  townsliip  supervisors  in  Jo  I)a\ieS3 
county,  arid  all  laws  or  arts  now  in  foreo  in  tlii«  states  con- 
flicting with  or  to  any  j)art  or  provisions  of  this  section 
relating  to  township  organization  is  hereby  repealed. 


153  1857. 

$  ?>.     TIjo  city  council   shall  at  l»?ast  ten   (lays   before  Annnhi  rcp-^rtby 

1      1        *•  •  I  *      I  Ul-    I       I    •      «l         tUouiy  council. 

annual  election  in  eucli  year  cause  to  be  publislied  in  the 
corporation  newspaper  in  said  cif y,  a  full  and  correct  state- 
ment of  the  receipts  and  expenditures  from  date  of  the 
last  annual  report,  topjethcr  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  divi- 
sions for  making  and  repairing  roads,  highways  and  bridges 
for  the  same  period,  together  with  such  other  information 
as  may  be  necessary  to  a  full  understanding  of  tiie  finan- 
cial concerns  of  the  city. 

6  4.     Neither  the  mayor  or  city  council  shall  remit  any  Fin^s  a^J  pen- 

UlllCsi      D'^l      rO" 

fine  or  penalty  im[)Osed  upon  any  person  for  the  violation  mitted. 
of  the  laws  or  ordinances  of  said  rity  or  release  from  im- 
prisonment unless  two  thirds  of  all  the  aldermen  authorized 
to  be  e'ected  shall  vote  for  such  release  or  remission; 
nor  shall  anything  in  this  act  be  so  construed  as  to  oust 
any  court  of  jurisdiction  to  abate  and  remove  nuisances 
in  the  street  or  any  other  part  of  said  city  or  withifi  the 
jurisdiction,  by  indictment  or  otherwisp. 

5  5.     No  vote  of  the  city  council  shall  be  reconsidered  Rec^nsidcraUon 
or  rescinded   at  a  special  meeting,  unless   at  such  special 
meeting   there  be  present  as  large  a  number  of  aldermen 
as  were  present  wb.en  such  vote  was  taken. 

§  C.     The  enacting  style  of  all  ordinance  and  by-laws  ^'^'o   °'   ^^^' 
shall  be  as  follows  :  *^Bc  it  ordaiw.d  by  the  TJiayor and  al- 
dermen of  the.  city  council  of  Galena,  ineouncil.^^ 

§  7.  Every  ordinance,  regulation  or  by-law,  imposing  Publication  oi 
any  penalty,  fine,  imprisonment  or  forfeiture  for  a  violation 
of  its  provisions,  shall,  after  the  passage  thereof,  be  pub- 
lished one  week  in  the  corporation  newspaper,  and  proof 
of  such  publication  by  the  certificate  of  the  printer  or  pub- 
lisher of  said  newspaper  and  filed  with  the  city  clerk,  or 
any  other  competent  proof  of  such  publication,  shall  be  ^ 
conclusive  evidence  of  tlie  legal  publication  and  promul- 
gation of  such  ordinance  or  by-law  in  all  courts  and  places. 

§  8.  All  actions  brought  to  recover  any  j)ena!ty  or  a-h  ns  ir^iicut 
forfeiture  incurred  under  this  act  or  the  ordinances,  by-law  ^raUun?*"^'" 
or  police  regulations  made  in  pursuance  of  it  shall  be 
brought  in  the  corporate  name.  It  shall  be  lawful  to  de- 
clare, generally,  in  debt,  for  such  penalty  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  the  special  matter  in  evidence  under  it. 

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


1857.  lo4 

Mi.^     ruA^'.s-      ^  1  \     Tlie  city  council  sha'l  have  power  to  designate 
*""*"  two  or  more  justices  of  the  peace  or  police  magistrates  in 

sail!  city,  who  s':»aU  have  jurisdiction  in  any  actions  lor  the 
recovery  of  any  fine  or  penalty  under  this  act  or  any  or- 
dinance, by-h\w  or  police  regulation  of  the  city  council, 
any  thing  in  the  laws  of  the  stato  to  the  contrary  notwith- 
standing; such  justice  shall  have  power  to  fine  oriniprison, 
or  both,  in  their  discretion,  when  discretion  maybe  vested 
in  them  by  the  ordinance  or  regulation  or  by  this  act. 
Uxtn:.  T^.  ^  11,     ExeCiitiou  may    be   issued   immediately    on   the 

rendition  "f  judgment.  If  the  defendant  in  any  such  action 
have  no  goods  or  chattels,  lands  or  tenements,  whereof  the 
judgment  can  be  cnUected,  the  execution  shall  require  the 
defendant  to  be  imprisoned  in  close  custody,  in  the  jail  of 
Jo  Daviess  county  or  city  prison  or  house  of  correction, 
for  a  term  not  exceeding  six  months,  in  the  discretion  of 
the  magistrate  or  court  rendering  judgment ;  and  all  per- 
sons who  may  be  committed  under  this  section  shall  be 
confined  one  day  for  each  fifty  cents  of  such  judgment 
and  costs  ;  all  expenses  incurred  in  prosecuting  for  the 
recovery  of  any  penalty  or  forfeiture,  when  collected,  shall 
be  paid  to  the  treasurer  for  the  use  of  said  city, 
injortf*  of  city  §  12.  Aiid  any  person  or  persons  wlio  shall  injure  or 
^JS^ilir''  *"  destroy  any  bridge,  the  construction  of  whicii  may  have 
been  heretofore  or  may  be  hereafter  authorized  or  per- 
mitted to  be  built  by  the  city  council,  or  any  other  publio 
building  or  property  belonging  to  said  city,  or  shall  cause 
or  procure  the  same  to  be  injureil  or  dcstroy«'d,  shall  bo* 
subject  to  a  penalty  not  exceeding  five  hunilred  tlolhiisfor 
each  ofTence,  to  be  recovered  by  the  city,  in  an  action  of 
debt,  and  may  be  imprisoned  for  a  term  not  exceeding  six 
months,  in  the  discretion  of  the  magistrate  before  whom 
such  conviction  may  be  had,  and  such  person  or  persons 
shall  al^o  be  liable  in  a  civil  action,  at  the  suit  of  tlie  city, 
for  the  damages  occasioned  by  such  injury  or  destruction. 
i-rrfrnT*"^.  r  »«  §  11'  No  person  shall  be  an  incompetent  judge,  justice, 
^'•' '"*''■'*'■•  witness  or  juror,  by  reason  of  his  being  an  inhabitant  or 
freeholder  in  the  city  of  Galena,  in  anj  action  or  proceed- 
ing in  which  th(;  said  city  is  a  party  in  interest. 

§  1-.  All  ordinances,  regulations  and  resolutions  now 
in  force  in  the  c»ly  of  fialfna,  and  not  inconsistent  with 
this  act,  shall  remain  in  forcp  under  this  act  until  altered, 
modified  or  repealed  by  the  city  council  after  this  act  shall 
take  effect. 

'(^  ]■'•.     All  actions,  rights,  fines,  penalties  and  forfeitures 

in  suit  or  otherwise,  which  have  accrued  under  (he  several 

acts  consolidated  herein,  .shall  be  vested  in  and  prosecuted 

by  the  corporation  hereby  created. 

rrmftnr  «.f  «>•       J  1  I.     All  property,  real,  personal  or  mixed,  belonging 

'**'■  to  the  city  of  Galena,  is  hereby  vested  in  the  corporation 


155  1857. 

created  by  this  act,  and  the  officers  of  said  corporation 
now  in  office  shall  respectively  continue  in  the  same  until 
superceded  in  conformity  to  the  provisions  hereof  but  shall 
be  governed  by  this  ;ict,  which  shall  take  effect  from  and 
lifter  its  passage. 

§  15.     All  ordinances  of  the  city,  when  printed  and  pub-  PrintcJ oruinan- 
lished  by  authi)rity  of  the  city  council,  sliall  be  received  in    '^"" 
all  courts  and  places  without  further  proof. 

§  li).  This  act  shall  be  deemed  a  public  act  and  may 
be  read  in  evidence  without  proof,  and  judicial  notice  shall 
be  taken  thereof  in  all  courts  and  places. 

§  IT.  This  act  shall  not  invalidate  any  legal  act  done 
by  the  city  council  of  the  city  of  Galena,  or  by  its  officers, 
nor  divt'st  their  successors  under  this  act  of  any  rights  of 
property  or  otherwise,  or  liability  which  may  have  ac- 
crued to  or  been  created  by  said  corporation  prior  to  the 
passage  of  this  act. 

5  18.     All  officers  of  the  city  created  conservators  of  A'^t;'*  **'.  "ll"" 

J  I     II    I  turbers   ol   the 

the  peace  by  tins  act  sliall  nave  power  to  arrest  or  cause  peace. 
to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break  or  threaten  to  break  the  peace,  commit  for 
examination,  and,  if  necessary,  detain  such  persons  in 
custody  over  night  in  the  watch-house  or  other  safe  place, 
and  shall  have  and  exercise  such  other  powers  as  conser- 
vatois  of  the  peace  as  the  city  council  may  prescribe. 

§  1*.'.  The  city  of  Galena  shall  not  be  liable  in  any  case 
for  t!ie  board  or  jail  fees  of  any  person  who  may  be  com- 
mitted by  any  otficer  of  the  city,  or  by  any  magistrate  to 
the  jail  of  Jo  Daviess  county,  for  any  offence  punishable 
under  the  laws  of  this  state. 

§  2').  Nothing  in  this  act  contained  shall  be  so  construed 
as  to  deprive  the  city  council  of  said  city  of  any  power  or 
authority  conferred  upon  the  same  by  the  act  incorporating 
said  city,  and  the  various  acts  amendatory  thereto;  but 
the  city  council  shall  possess  and  enjoy  all  the  powers  and 
authority  heretofore  conferred  uj)on  the  same,  except  so 
far  as  such  powers  and  authority  have  been  exj)ressly 
modified  or  repealed  by  this  act  or  the  acts  heretofore 
mentioned. 

This  act  shall  be  deemed  a  public  act,  and  take  effect 
from  and  after  its  passage. 

Approved  Jan.  30,  1^67. 


1357.  156 

Jan. »»  1341.       AX  ACT  to  rfihice  the  law  incorpor.itins:  the  city  of  Quincy  nnJ  the 
sevcr.il  acta  amendaiory  thereof  into  one  act,  ami  to  amend  ihe  same. 

Chapter  I. —  (V/y  Buuni/dt  ies. 

Ej«a<i-;««.  ^   1.     That  the   district    of    country    in  the  county  of 

Adauifi,  and  the  state  of  Illinois,  known  and  described   as 
follows,  to  wit  :   Be^iiniinijj  in  the  middle  of  the  main  chan- 
nel of  the  Mississippi  river,  at  a  point  due   west  trom  the 
northwest  corner  of  sectior.  thirty- five,  in   township   one 
south  of  the  base  line,  of  range  nine   west  of  the  fourth 
j)rincipal  meridian;  running  thence  east  to  said  northwest 
corner  of  said  section  thirty- five  ;  thence  east  on  the  north 
line  of  said  section  thirty- five  and  the  north  line  of  section 
thirty-six,  in   the    aforesaid   township    and   range,  to   the 
nortiieast  corner  of  said  section  thirty-six;  thence  east  on 
the  north  line  of  section  thirty- one,  in  township  one  south, 
raufTc  eight  west,  two  rods  ;  thence  south  at  the  aforesaid 
distance  of  two  rods  east  of  the  east  line  of  the  aforesaid 
section  thirty-six  and  of  the  east  line  of  sections  one  and 
twelve,  in  township  two  south  of  the  base  line  in  range  nine 
west  of  the  aforesaid  fourth  principal  tneridian,  to  a  point 
two  rods  east  of  the  southeast  corner  of  the  north  half  of  said 
section  twelve;  thence  west  to  the  aforesaid  southeast  corner 
of  the  north  half  of  said  section  twelve;  thence  west  along 
the  south  line  of  the  said  north  halt  of  said  section  twelve, 
and  the  south  liiif  of  the  north  half  of  section  eleven,  in  the 
last  atoresaid  township  and  range,  to  the  southwest  corner 
of  said  north  half  of  section  eleven;  thence  west  to  the  mid- 
dle of  the  m»iu  channel  of  the  Mississippi  river;  thence  up 
said  river,  along  the  middle  o(  the  main  channel  thereof,  to 
the  place  of  beginning,  i^  hereby  erected  into  a  city,  by 
the  nam'?  of  the  "City  of  Quincy." 
CofpirsitoD.  &   2.     The  inhabitants  of  said  city  shall  be  a  cor()oration, 

by  the  name  of  the  *'City  of  t^u  iicy,"  and  by  that  name  sue 
and  be  sued,  complain  and  difend  in  any  court;  make  and 
use  a  common  seal,  and  alter  it  at  j)leasure,  and  take,  hold 
and  purchase,  lease  and  convey  such  real  and  personal  or 
mixed  estate,  as  the  piirposis  of  the  corporation  muy  re- 
quire, within  or  without  t!te  >imils   aforesaid. 

^  .1.     The  city  of  Quincy  shall  be  divided  into  six  wards: 
Firsf — All  tliat  part  )f  the  (Mfy  which  lies  north  of  Ver- 
mont street  and  west  ol  Seventh  street,  shall  be  denomin- 
ated the  fiTiit  ward. 

S,c  Hill  All  that  ])art  of  the  city  which  lies  between 
Vermottt  street  and  York  street  and  west  of  Seventh  street, 
sliall  be  denominated  the  second  ward. 

Tkinl—KW  that  part  of  the  city  which  lies  south  of 
York  s'reet  and  went  of  Seventh  slrowt,  shall  bo  denomin- 
ated the  t  lird  ward. 

I'uurth  -All  that  part  of  the  city  whif  h  lies  east  of 
Seventh  street  and  south  of  York  street,  or  tlic  centre  line 


Vtrli 


157  1857. 

thereof,  extended  east  to  the  city  limits,  shall  be  denomin- 
ated the  fourth  ward. 

Fijlh — All  that  |>art  of  the  cily  which  lies  between  the 
centre  lines  of  York  and  Vtrmont  streets,  extended  t  j  the 
east  line  of  the  city  limits  and  east  of  Seventh  street,  shall 
be  denominated  the  fifth  ward. 

Hixth — All  that  part  of  the  city  which  lies  east  of  Seventh 
street  and  north  of  the  centre  line  of  Vermont  street,  as 
extended  east  to  the  city  limits,  sliall  be  denominated  the 
sixth  ward. 

Chapter  II. — OJJiccrs  and  their  Election. 

§  1.     The  municipd  government  of  the  city  shall  con-  omcers. 
sistof  a  city  council,  composed  of  the  mayor  and  two  al- 
dermen from  each  ward. 

§  2.     The  chief  executive  of  the  city  shallbe  a  m^yor.  Major, 
wlio  shall  be  elected  by  the  qualified  voters  of  the  city  and 
shall   hold  his   office  for  one   year  and  until  bis  successor 
shall  be  elected  and  qualified. 

5  3.  No  person   shall  be  eligible  to  the   office  of  mayor  who    may    b« 

I  I      11     *^  .   1  1  •  I        i      r  .^1  A      r  electcU  mayor. 

who  shall  not  have  been  a  resident  of  tlie  city  tor  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. 

§  4.      If  any  mayor  shall,  during  the  time  for  which  he  °™[^^'""y ^« "• 
shall  have  been  elected,  remove  from  the  city,  his  office 
shall  be  vacated. 

§  ").     When  two  or  more  persons  shall  have  an  equal  ^,!',!'"blveo.iimi 
number  of  votes  for  mayor,  the  judges  of  election  shall   uumber uf  %\.toa 
certify  the  same  to  the  city  council,  who  shall   proceed  to 
determine  the  same  by  lot,  in  such  manner  as  may  be  pro- 
vided by  ordinance. 

§  0.     Whenever  an  election  of  mayor  shall  be  contested  Election  conte«- 
the  city  council  shall  determine  the  same  in  such  manner 
as  may  be  prescribed  by  ordinance. 

§  7.     Wlienever  any  vacancy  shall  happen  in  the  office  vncanry,     how 
of  mayor  it  shall  be  filled  by  election. 

6  8.     No  person  shall  be  an  alderman  unless  at  the  time  AWerman. 
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. 

§  9.     If  any  alderman  shall,  after  his  election,  remove  ^^,;V"''  ^•- 
from  the   ward   for  which  he  \a   elected,  his  office   shall 
thereby  bo  vacated. 

§  10.     The  city  council  shall  judge  of  the  qualifications,  ciiycoBncu. 
elections  and  returns  of  their  own  members,  and  shall  de- 
termine all  contested  elections. 

§  11.     A  majority  of  the  city  council  shall   constitute  a  Qucnim. 
quorum  to  do  business,  but  a  smaller  number  may  adjourn 


Offlc«rs  swcni 


1857.  158 

from  ilay  to  day,  and  compel  the  attendance  of  abfent 
members  under  such  penalties  as  may  be  prescribed  by 
onlinance. 

Kirin.  §  12.     Tlie  city  council  sliall  have  power  to  determine 

tlie  rule  of  its  proceedings,  punish  its  mtMubers  for  disor- 
derly conduct,  and  with  the  concurrence  of  two-thirds  of 
the  members  elected,  expel  a  member. 

«*wxi.  §  \\.     The  city  council  shall  keep  a  journal  of  its  pro- 

ceedings, and  from  time  to  time  publish  the  same  ;  and  the 
yeas  and  nays,  when  demanded  by  any  member  present, 
shall  be  entered  on  the  journal. 

AMfrmmrocto       ^  14.     No    alderman   shall  be    aj^pointed    to   any   office 

odko.'^'"'  und«ir  the  authority  ol'  the  city  which  shall  have  been  cre- 
ate.!, or  the  emoluments  of  which  shall  have  been  increased 
during  the  time  for  which  he  shall  have  been  elected. 

^•^'><7»  iiow  §  1').  All  vacancies  that  shall  occur  in  the  board  of 
alder:uen  shall  be  filled  by  election. 

§  ir>.  The  mayor  and  each  alderman,  before  entering 
upon  the  duties  c  f  their  office,  shall  t.ike  and  subscribe  an 
oatii  that  they  will  support  the  constitution  of  the  United 
States  and  of  this  state,  and  that  they  will  truly  perform  the 
duties  of  their  office  to  the  best  of  their  skill  and  abilites. 

When  the.-*  n  »       §  17.      Whenever  there  shall  be  a  tie  in  the  election  of 

deroen  "' *  aldermen  the  judges  of  election  shall  certify  the  s;  me  to 
the  mayor,  who  shall  determine  the  same  by  lot  in  such 
manner  as  shall  be  provided  by  ordinance. 

Meotinc*  of  City       §  1^.     Tlierc  shall  be  twelve  stated  meetings  of  the  city 

"^^  council  in  each  year,  at  such  times   and  j)laces  as  may  be 

prescribed  by  ordinance. 

neeur*.  ^   I'.i.     An  election  shall  be  held  in  each  of  the  wards  of 

said  city,  on  the  third  Monday  in  April,  in  each  and  every 
year,  at  such  place  as  the  city  council  may  aj)point,  and  of 
which  notice  shall  be  given  by  pul>lishing  the  same  in  a 
public  newspaper  publislied  in  said  city,  or  by  posting  writ- 
ten orjirinted  notices,  in  thrte  public  jilaces  in  each  ward, 
giving  at  least  ten  days'  notice  thereof,  by  the  city  clerk, 
as  may  be  provided  by  ordinance  by  the  city  council. 
Cii7  BunbAi.  §   20.     At  the  annual  election  there  shall  be  elected  by 

the  fjualified  \">ters  «»l  said  city  a  mayor  and  marshal,  and 
the  jterson  having  tliH  highest  number  of  votes  in  the  whole 
city  fjr  either  of  said  ulhccs  shall  be  declared  duly  elect- 
ed. At  the  same  time  the  electors  in  their  respective 
wards  sliali  vole  for  one  ald»rman,  an«l  the  person  receiving 
the  highest  number  of  votes  for  alderman  shall  be  declared 
duly  ehcted. 
or«M«r.  5  21.  The  several  wards  of  IIk;  city  shall  be  respect- 
ively reprt.ient»Ml  in  th*-  city  council  by  two  aldermen,  who 
shall  be  residents  ther«  of  and  hold  their  offices  repectively 
for  two  yeari  from  atul  after  ihcir  election,  cn<l  until  the 
election  aud  (^ualiijcatiou  of  their  successor.      They  sjiail 


159  1857. 

be  divided  into  two  classes,  consisting  of  one  alderman 
from  each  ward,  -o  that  one  from  each  ward  may  be  annu- 
ally elected.  'I'he  first  class  shall  be  elected  at  the  annual  cia.biue»i. 
election  in  April  next,  and  be  successors  to  the  members 
of  the  present  city  council,  whose  offices  expire  at  that 
time.  The  second  class  shall  be  elected  one  year  there- 
after and  succeed  those  members  who  are  entitled  to  hold 
over  one  year  after  the  next  election.  The  members  of 
each  class  hereafter  elected  shall  respectively  continue 
in  office  two  years  :  I'nn'u/e//,  tlut  the  alderman  now  en-  Pruviso. 
titled  to  hold  over  one  year  from  the  next  annual  election 
in  the  third  ward  as  defined  by  the  ordinances  of  said  city 
under  the  former  charter,  shall  be  entitled  to  hold  said 
office  and  act  as  alderman  for  the  third  ward,  as  defined 
by  this  act,  notwithstanding  his  residence  may  by  this  act 
be  changed  to  the  second  ward  of  said  city  :  t.'Jnc/  jn'ovidK/, 
/ur/hcr,  that  tliis  section,  so  far  as  classes  are  concerned, 
shall  only  apply  to  the  aldermen  of  the  first,  second  and 
third  wards  of  said  city. 

^  '22.     In  the  fourth,  fifth  and  sixth  wards  there  shall  be  Auiomuninccr- 
elected,  at  the  annual  election  in  April  next,  two  aldermen    '^"' "^'■''''• 
for  each  ward. 

§  23.  At  the  meeting  of  the  city  council  at  which  the  AHcrmen  ciaet- 
votes  for  said  annual  election  shall  be  opened  and  canvas- 
sed, the  aldermen  thus  elected  shall  be  divided  by  lot, 
into  two  classes.  The  seats  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  tlie  first  year,  and  that  of  the 
second  class  at  the  expiration  of  the  second  year. 

§  24.     Whenever  any  vacancy  shall  happen  by  the  death,  Viirancy  of  cer- 
removal,  resignation  or  otherwise,  of  any  officer  elected  by    |;'J"  uuc.h''*'"' 
the  people,  such  vacancy  shall  be  filled  by  a  new  election, 
and  the  city  council  shall  order  such  new  election  within 
ten  days  after  the  happening  of  such  vacancy,  in  such  man- 
ner as  may  be  prescribed  by  ordinance. 

§  25.  All  citizens  of  the  United  States  qualified  to  vote  wi.o  may  hoid 
at  any  election  held  under  this  act  shall  be  qualified  to  °'"''°- 
hold  any  office  created  by  this  act,  but  no  person  shall  be 
eligible  to  any  office  or  place  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  any 
county  thereof,  and  any  person  shall  be  considered  a  de- 
faulter who  has  refused  or  neglected,  or  may  hereafter  re- 
fuse or  neglect,  for  thirty  days  after  demand  made,  to  ac- 
count for  and  pay  over  to  the  party  authorized  to  receive 
the  same  any  public  money  which  may  have  come  into  his 
possession,  and  if  any  pirson  holding  any  such  office  or 
place  shall  become  a  defaulter  whilst  in  office  the  office  or 
place  shall  thereupon  become  vacant. 

§  2'>.     The  manner  of  conducting  and  voting  at  elec»  ■'<^ion»,    how 
tioos  to  be  held  under  this  act,  the  keeping  of  the  poll 


15:.:.  160 

lists,  canvassing  of  tlie  votes  and  certifying  the  returns, 
shall  be  the  same,  as  nearly  as  may  be,  as  is  now  or  may 
hereafter  be  provivletl  by  law  at  general  state  elections  : 
Proviiicdy  tiie  city  council  shall  have  power  to  regulate 
elections. 
Qw«ifleu»  cf  c  ^2.1.  No  person  shall  be  entitled  to  vote  at  any  elec- 
tion  under  this  act  who  is  not  entitled  to  vote  at  state 
elections;  he  shall,  moreover,  be  an  actual  resident  of  the 
ward  in  whicli  he  votes  :  Provi(/((/,  that  the  voter  shall  be 
deemed  a  rt- sident  of  the  ward  in  which  he  is  accustomed  to 
lodge,  and  if  required  by  any  person  qualified  to  vote  thereat 
shall  take  the  oath  prescribed  by  the  state  constitution. 

Chapter  III. —  CuUcctions  of  Taxes  and  Assessments. 

AatiMmcai  r^!»  ^  1.  The  city  council  shall  have  j)Owor  by  ordinance, 
to  ])rescribe  the  form  nf  assessment  rolls,  and  prescribe  the 
duties  and  define  the  powers  of  assessors  :  Pruvidcif^  that 
assessors  shall  have  the  same  powers  as  state  assessors. 
The  city  council  may  also  make  such  rules  and  give  such 
directions  in  relation  to  revising,  altering,  or  adding  to 
the  rolls  as  they  may  deem  j)roper  and  expedient. 

Ttxe-.  §  '1.     The  city  council  shall  have  power  and  authority 

to  levy  and  collect  taxes  upon  all  property,  real  and  j)er- 
sonal,  within  the  limits  of  the  city,  not  exceeding  one-half 
per  cent,  per  annum  upon  the  assessed  value  thereof,  to 
defray  the  contingent  and  other  expenses  of  the  city,  not 
herein  otherwise  specially  provided  for  ;  which  taxes  shall 
constitute  the  general   fund. 

B  .  §  :\.     To  annually  levy  and  collect  a  school  tax  not  rx- 

ceedingone  eighth  of  one  per  cent,  on  the  dollar,  on  all  real 
and  personal  estate,  to  meet  the  expenses  of  purchasing 
grounds  for  school  houses,  and  building  and  repairingschool 
iiouses  and  supporting  and  maintaining  common  schools. 
§  4.     To  levy  and  collect  on  the  real  estate  in  the  lamp 

rorii;win»d!y.  district  or  districts,  which  they  shall  from  time  to  time 
create,  a  sufficient  tax  to  defray  three-fourths  of  the  ex- 
pense of  lighting  the  streets  in  such  district  or  districts  re- 
spectively. 

§  .O.     To  levy  and  rolh'ct  an  annual  tax  on  tho  real  and 

--    ^  .  .      .  personal  estate  within   the  limits  of   the   city   Kuflicient  to 
<•'•->    meet  the  interest  on  all  railroad  bonds  issuey   by  said  city 
heretofore  under  any  act  of  tlie  legislature,  or  which  may 
hereafter  be  issued  by  authority  of  any  act  of  the  legisla- 
ture of  the  slate  of  Illinois. 

§  0.     Thr    collector   of   taxes    in   and    for   the    city   of 
QuincT  sliall  have  the    name    powerM  in   the   collection  of 

m.  general  or  special  taxes  m  said  city  as  collectors  under  the 

general  law  of  thf*  stat«*  have  for  the  collection  of  the  state 
and   county  taxes:  I'roi idi d,  ihai  the   city  council   shall 


161  1857. 


have  the  right  to  rcprnlate  the  precise  manner  in  whicli  all 
taxes  levied  under  this  act  shall  he  collected. 

§  7.  Upon  the  leturn  hy  the  collector  to  the  office  of  »<'»"' '^'c  raay 
tlie  city  clerk  of  any  real  esUte  list  upon  which  taxes,  ''""• 
general  or  special,  remain  due  and  unpaid,  it  shall  be  law- 
ful for  the  city  council  to  enter  an  order  on  the  records  of 
said  council,  directing  the  city  cleric  to  proceed  to  adver- 
tise  and  sell  the  real  estate  so  returned  for  the  taxes  so 
remaining  due  and  unpaid;  which  advertisement  shall  be 
published  not  less  than  ten  times,  in  some  daily  newspaper 
pub.ished  in  said  city,  particularly  describing  the  same  by 
jigures  or  otherwise,  with  the  name  of  the  owner  when 
known,  and  the  amount  ol  taxes  and  costs  due  therern  • 
^id  notice  shall  also  contain  the  time  and  place  of  sale! 
Ihe  proceedings  may  be  st,)pped  at  any  time  on  the  pay- 
ment ot  the  taxes  and  costs  due  thereon  at  the  time  of 
making  payment. 

§  8.  AH  sales  shall  be  conducted  in  the  manner  re-  Sair,  how  eon- 
quired  by  law,  but  the  city  council  shall  have  power  to  '""^• 
prescribe  the  manner  of  conducting  the  same;  the  sale 
sliall  be  made  for  the  smallest  portion  of  ground,  to  be 
taken  off  the  east  side  of  said  lots,  extending  the  whole 
length  thereof,  provided  said  lots  have  a  northerly  or  south- 
erly front,  and  trom  the  north  side  extending  the  while 
longth  thereof,  should  said  lots  have  an  easterly  or  west- 
erly front.  The  city  clerk  shall  be  entitled  to  such  fees 
for  selling  as  may  be  provided  by  ordinance,  and  shall 
keep  a  record  of  such  sales,  which  shall  be  open  to  public 
inspection  at  all  reasonable  times. 

§  9.  The  same  ughts  of  redemption  from  all  sales  for  Rc<Je«puon. 
taxes,  whether  general  or  special,  made  under  this  act, 
shall  exist  and  to  the  same  extent  asunder  the  general 
laws  of  tlj^  state  now  in  force  or  that  may  hereafter  be 
passed.  The  redemption  money  shall  be  paid  to  the  city 
clerk  and  by  him  be  accounted  for  as  may  be  provided  by 
ordinance.  •'         r  j 

§  lU.  No  purchaser  of  real  estate  at  a  sale  for  taxes  Tax uiie deed.. 
under  this  act  shal  be  entitled  to  a  tax  title  deed  until  he 
shall  have  fi  ed  with  the  city  clerk  the  same  evidences  as 
are  required  to  procure  a  tax  title  deed  from  sheriffs  for 
sales  made  for  state  taxes.  Upon  the  filing  of  said  evi- 
deuces  with  the  city  clerk,  he  shall  execute  to  said  pur- 
chaser or  his  assigns  a  deed  conveying  the  premises  so 
sold  and  unredeemed. 

§  11.     If  at  any  sale  of  real  or  personal  estate  for  taxes  cuym^jiccome 
or  assessments  no  bid  shall  be  made  for  any  parcel  of  land   ^cru:::^^'' 
or  any  goods  and  chattels   the  same  shall  be  struck  off  to 
tlie  city,  and  thereupon  the  city  shall  receive,  in  the  corpo- 
rate name,  a  certificate  of  tiie  sale  thereof,  and  shall  be  ves- 
ted  with  the  same  rights  as  other  purchasers  at  such  sales. 


IS57.  162 

[,,  .  ■  f,ri-  ^  1-.  All  deeds  made  to  purchasers  of  lots  sold  for 
T,  ','.''*  tax^s  or  assessments  by  order  of  the  council  shall  be 
i*>i..  prima  J'.icic  evidence  in  all   controversies  and  suits  in  re- 

lation tithe  right  ot  the  purcliaser,  his  or  her  heirs  or 
as^iirns,  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.  A\'n;;/f/-— That  the  taxe^i  or 
assessments  were  not  paid  at  any  time  before  the  sale. 
7V<//-r/ — That  the  land  conveyed  had  not  been  redeemed 
from  'he  sale  at  the  date  of  the  deed,  and  shall  be  conclu- 
sive evidence  of  the  followinir  facts: 

/'7/-V/— That  the  land  or  lot  was  advertised  for  sale  in 
the  manner  and  for  the  length  of  time  recjuircd  by  law. 

StC'ind — That  the  land  was  sold  for  taxes  or  assessments 
as  stated  in  tlie  deed. 

Third — That  tiie  grantee  in  the  deed  was  the  purchaser. 
Fourth — Tiiat  the  sale  was  conducted  in  the  manner  re- 
quired by  law.  And  in  all  controversies  and  suits  in- 
volving 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  re- 
quire 1  to  prove,  in  order  to  defeat  the  said  title,  either  that 
the  land  was  not  subject  to  taxation  at  the  date  of  the  sale; 
tliat  the  taxes  or  assessments  had  been  paid;  that  the  land 
had  never  been  listed  and  assessed  for  taxation  and  assess- 
ment, or  that  the  same  had  been  redeemed  according  to 
the  provisions  of  this  act,  and  that  such  redemption  was 
mad*'  for  the  tise  and  benefit  of  the  persons  having  the 
right  of  redemption  \inder  the  laws  of  this  stafe  ;  but  no 
person  shall  be  permitted  to  question  the  title  ac(juired  by 
the  said  deed,  without  first  showing  that  he,  she  or  they, 
or  the  person  under  whom  he,  she  or  they  claim  title,  had 
title  to  the  land  at  the  time  of  the  sale  or  t'lat  the  title  was 
obtained  from  the  TJnite(J  States  or  this  state  after  the  sale, 
and  that  all  taxes  due  uj)on  tlic  lands  have  been  paid  by 
such  persons  or  the  person  under  whom  he  claims  title  as 
aforesaid. 

Chapter  IV. —  Of  the  Lrfrislative  Sjpwcrs  of  the  CUy 

ConnciL 

oitfoimeit  mtr  5  !•  The  city  council  shall  have  power  to  appoint  a 
clerk,  treasurer,  a«!jiesflor  or  ass«!8sors,  street  comniission- 
<?r  or  commi«»«iioners,  prdice  constable,  a  ehief  and  assistant 
engineer*  of  the  fire  department,  and  all  such  other  officers 
8!*  they  may  d»'em  ruftssary,  and  sfiall  also  designate  one 
public  newfpaper  printed  in  said  city^  in  which  shall  be 


163  1867. 

publislied  all  ordinances  and  other  matters  required  in  any 
case  by  this  act. 

§  '2.  Tiie  city  council  shall  have  power  to  require  of 
all  officers  elected  under  this  ac!,  and  of  all  officers  ap- 
pointed in  pursuance  thereof,  bond  with  ])enalty  and  secu- 
rity for  the  faithful  performance  of  Iheir  respective  duties 
as  may  be  deemed  expedient,  and  also  to  recjuire  all  officers 
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. 

§  o.  To  establish,  support  and  regulate  common  schools;  Schoou. 
to  borrow  money  on  the  credit  of  the  city :  Provided^  that 
no  sum  or  sums  of  money  shall  be  borrowed  at  a  greater 
interest  tlian  six  per  cent,  per  annum. 

§  i.     To  appropriate  money  and  provide  for  the  pay-  Debt. 
ment  of  the  debt  and  expenses  of  the  city. 

§  5.     To  make  regulations  to  prevent  the  introduction  Disease?. 
of  contagious  diseases  into  tlie  city  and  to  make  quaran- 
tine laws  for  that  purpose  and  enforce  the  same  within  five 
miles  of  the  city. 

§  G.     To  establish  hospitals  and  make  regulations  for  nosnui. 
the  government  of  the  same. 

§  7.  The  city  council  shall  have  power  to  compel  the  cie»nunc»f. 
owner  or  occupant  of  any  cellar,  tallow  chandler  shop, 
soap  factory,  tannery,  stable,  barn,  privy,  sewer  or  other 
unwholesome,  nauseous  house  or  place,  to  cleanse,  remove 
or  abate  the  same,  from  time  to  time,  as  often  as  may  be 
necpssary  for  tlie  health,  comfort  and  convenience  of  the 
inhabitants  of  said  city. 

§  8.     To  prohibit  the  erection  of  awnings  or  sheds,  and  Avniings. 
direct  and  control  the  erection  tliereof. 

§  0.     To  abate   und  remove  nuisances  and   punish  the  Knisancei. 
authors  thereof  by  penalties,  fine  and  imprisonment,  and  to 
define  and  declare  what  shall  be  deeujed  nuisances,  and  to 
authorize  and  direct  the  summary  abatement  thereof. 

§  10.  To  fill  up  any  place  whereon  standing  water  may  toa  iiirordr«m 
be  found,  which  may  have  been  declared  a  nuisance  by  ^^"°°'"'" 
the  said  coucil;  to  fill  up,  dram,  cleanse,  alter,  relay,  re- 
pair and  regulate  any  grounds,  yards,  barns,  slips,  cellars, 
private  drains,  sinks  and  privies,  direct  and  regulate  their 
construction,  and  cause  the  expenses  to  be  assessed  and 
collected  in  the  same  manner  as  sidewalk  assessments. 

§  11.  To  regulate  and  prohibit  the  use  of  locomotive  LooomoUTcs. 
engines  within  the  city,  and  may  require  the  cars  to  be 
used  thereon  to  be  drawn  or  propelled  by  other  power  than 
that  of  steam;  to  direct  and  control  the  location  of  rail- 
road tracks  and  depot  grounds,  and  prohibit  railroad  com- 
f»anies  from  doing  storage  and  warehouse  business,  or  col- 
ecting  pay  for  storage. 


laJ. 


1857.  164 

8p«^-i»i  tAs  f'f  §  1--  The  city  council  of  saitl  city  shall  have  power, 
frjKUBs  ,«  i-a-  Y,y  orilinance,  to  levy  an<l  collect  a  special  tax  on  the 
owner  or  owners  of  the  lot  or  lots  on  any  street,  lane, 
avenue  or  alley  within  said  city,  for  the  purpose  of  ^ra- 
tling  or  pavinor  the  sidewalks  in  tront  of  their  respective 
lots,  and  keepinc;  the  said  sidewalks  m  repair,  and  for  the 
purpose  of  lii^htini^  such  street,  lane,  avenue  or  alley. 

PobJk  iqBiro.  ^  l'"*.  The  city  council  of  the  said  city  of  Quiucj  shall 
have  power  and  authority  to  lay  out,  establish,  open, 
inclose,  improve  and  keep  in  repair  public  squares  or 
grounds;  to  lay  out,  open,  alter,  abolish,  widen,  extend, 
establish,  tirade,  pave,  improve  and  keep  in  repair  streets, 
lanes,  avenues  and  al'cys.  and  to  lay  out,  open,  establish, 
enlari^e,  extend,  alter,  change,  abolish,  improve,  regulate 
and  keep  in  repair  public  landings,  whenever  they  may 
deem  proper  within  the  limits  of  said  city, 

mjt  parvhiAo  ^  1  i-  The  said  council  sliall  also  have  power  and  au- 
thority to  purchase  all  or  any  lands  which  may  be  required 
for  any  of  the  purposes  in  the  last  j>recediiig  section  of  the 
act  mentioned,  if  able  to  agree  with  the  owner  or  owners 
thereof,  and  to  take  and  appropriate  the  lands  thus  pur- 
chased and  any  other  suitable  lands  belonging  to  said  city, 
which  may  not  at  the  time  of  such  appropriation  be  appro- 
priated by  said  city  to  some  other  public  use,  for  any  of 
the  purposes  aforesaid  for  which  lands  may  be  recjuired; 
and  the  said  council  shall  also  have  })Ower  and  authority  to 
take  anil  approj)riate  for  any  of  the  purposes  aforesaid,  for 
wliich  lands  may  be  re(|uired,  all  lands  thus  required  not 
having  been  j)urclms('d  as  aforesaid  nor  belonging  to  said 
city,  in  the  manner  lureinaftcr  specified.  All  lands  so 
purchased  as  hereinbefore  pro\ided,  shall  be  conveyed  to 
said  city  by  deed  or  deeds  good  and  sufhcient  for  that  pur- 
pose, ami  all  of  the  estate,  right,  title  and  interest  of  each 
of  the  vendors  of  such  lands,  shall  from  the  time  the  same 
shall  be  conveyed  as  aforesaid  vest  in  said  city  ab'olutely. 
5  15.  Wlienever  the  said  council  shall  have  determined 
by  an  order  duly  entered  ofrecord,  to  do  any  of  the  things  in 

ioayprUM.  (lie  foregoing  section  for  which  land  may  be  recpiired,  and 
what  land  they  will  take  and  apj)ropriate  forsucli  purpose 
or  purposef,  they  shall  cause  a  plat  or  map  of  siich  land  to 
be  mjde  by  ."lome  competent  surveyor,  and  tiled  in  the 
office  fit   the  clerk   of  said  city  ;   and  when   any  person  or 

fiCTHonn  other  than  said  city  shall  have  any  interest  in  said 
and,  the  city  coiincil  of  said  city,  without  any  unreason- 
able delay  after  the  making  of  .such  order,  sliall  apj)oint 
five  disinterested  freeholders,  residents  of  said  city,  as  com- 
mi'<sioners  to  assess  (he  compensation  to  be  ])aid  by  said 
city  to  each  and  every  person  havirig  an  interest  in  said 
land,  for  his  or  her  irit«rest  in  the  same,  the  rity  clerk 
having  first  given  notice  to  all  persons  interested  that  they 


l»ad  l«  onkn'/«-i 


105  1857. 

would  appoint  such  commissioners  and  of  the  time  and 
place,  wiiicli  sliall  he  within  said  city,  when  and  where 
such  aj)pointment  will  he  made,  and  of  the  hind  to  be  ap- 
propriated, and  the  purpose  or  purposes  for  which  the 
same  is  to  be  apj)ropriated,  by  an  advurtisement  published 
in  ten  successive  numbers  of  some  daily  newspaper  pub- 
lished in  said  city,  the  first  publication  whereof  shall  be  at 
least  fifteen  days  previous  to  the  time  fixed  ujjon  for  such 
appointment.  All  persons  interested  in  the  land  to  be  ap- 
propriated may  appear  before  the  council  at  the  time  and 
place  fixed  upon  for  the  appointment  of  commissioners  and 
be  heard  relative  to  their  appointment. 

5  10.     Upon  the  appointment  of  commiscioners  as  here-  ^^o'i''*    ,*"  „il* 

•    I     i>  -111-  -1      I     II  1  1  »;'ven   ornieeu 

inbefore  j)rovided,  the  city  council  sliall  make  an  order  mg. 
definini^  the  time  and  place  when  and  where  said  commis- 
sioners shall  meet,  whereuj)on  the  clerk  of  said  city  shall 
give  notice  to  all  persons  interested  of  tiie  appointment  of 
the  commissioners  therein  mentioned,  the  purpose  for 
whicii  they  are  appointed,  tiie  land  to  be  appropriated,  and 
the  purpose  or  purposes  for  which  the  same  is  to  be  ap- 
propriated, and  of  the  time  and  place  in  such  order  fixed 
upon  for  the  commissioners  to  meet  for  t!ie  pur|)ose  of 
entering  upon  the  duties  of  their  appointment,  to  be  pub- 
lished in  ten  successive  numbers  of  some  daily  newspaper, 
published  in  said  city,  the  first  publication  whereof  shall 
be  at  least  fifteen  days  previous  to  the  time  fixed  upon  for 
such  commissioners  to  meet  ;  and  before  the  time  for  such 
meeting  said  clerk  shall  deliver  to  said  commissioners  a 
notice  of  their  appointment  and  also  a  transcript  of  said 
order  duly  certified  by  him  to  be  such  under  the  seal  of 
said  city. 

6  17.     Commissioners   appointed  as   hereinbefore  pro-  cotmnisMone 

.?,,,,,      ^  •  1  1       •  c  Ai      •  Ito  be  Bworn. 

vitleu  sliall,  belore  entering  upon  the  duties  oi  their  ap- 
pointment, be  sworn  before  some  person  authorized  to  ad- 
rainiter  oaths,  that  they  will  fairly  ar.d  impartially  perform 
the  duties  required  of  them  as  commissioners,  according 
to  the  best  of  their  judgment,  understanding  and  ability, 
and  they  sliall  meet  at  the  time  and  place  in  the  order  set 
forth,  and  proceed  without  any  unnecessary  delay  in  the 
performance  of  their  duites  until  the  same  shall  be  com- 
pleted. 

§  18.  Said  commissioners  shall  inquire  into  and  to  the  Asso»dMnise«. 
best  of  their  ability  ascertain  the  damages  eacli  person 
having  an  interest  in  the  land  to  be  appropriated  will  sus- 
tain, and  the  benefits  he  or  she  will  derive  from  or  on  ac- 
count of  the  appropriation  and  use  determined  upon  or 
contemplated  by  said  council  being  made,  regarding  in 
such  case  the  land  or  lands  required  as  being  worth  what 
would  be  the  cash  value  of  the  same  if  no  such  appropri- 
ation and    use  had  been  contemplated,  and  no  more,  and 


1857.  1G6 

disregarding  all  benefits  any  person  may  derive  in  common 
with  others  whose  land  or  lands  shall  not  be  required  ;  and 
in  each  case  where  the  damages  to  be  ascertained  shall 
exceed  the  benefits  to  be  ascertained,  said  commissioners 
shall  assess  as  the  compensation  to  be  paid  by  said  city  to 
the  person  interested  for  his  or  her  interest  in  said  land,  the 
amount  such  damages  shall  exce<  d  such  benefitis,  or  if  the 
benefit  be  greater  than  tiie  damages  in  either  case  the  com- 
missioners shall  strike  a  balance  and  carry  the  ditference 
forward  to  another  column  so  that  the  assessment  may 
show  what  amount  is  to  be  received  or  paid  by  such  own- 
ers respectivel  V,  and  the  difference  only  shall  in  any  case 
be  collectable  of  them  or  paid  to  them  ;  and  said  commis- 
sioners shall  make  a  report  in  writing  under  their  hands, 
designating  the  land  to  be  appropriated  and  the  purpose 
or  purposes  for  which  the  same  is  to  be  appropriatei',  and 
the  respective  amounts  which  ."hall  jiave  been  by  them  so 
assessed  as  aforesaid,  and  the  peisons  respectively  entitled 
to  the  same  ;  which  report  they  shall  immediately  on  the 
same  being  made,  file  in  the  office  of  the  clerk  of  said  city. 
Said  commissioners  in  performing  their  duties,  shall  have 
power  to  adjourn  from  time  to  time,  and  they  shall  also  have 

i)Ower,  and  it  shall  be  their  duty,  to  view  and  inspect  the 
and  to  be  appropriated,  to  hear  such  suggestions,  evi- 
dence and  argument  as  may  be  olFertd  by  the  mayor  or  any 
attorney  or  agent  of  said  city,  or  any  person  interested  in 
such  land,  and  to  swear  or  affirm  all  witnesses  who  may 
be  brought  before  them  to  testify,  and  to  issue  stimmons 
for  and  by  compulsory  j)rocess  compel  the  attendance  of 
all  witnessfS  who  may  be  desired  fi)r  such  purpose. 

itairo(«>tf  c:e:k  §  11'.  The  clerk  of  said  city,  u|)on  the  report  of  com- 
missioners appointed  under  the  provisions  of  tliis  act  being 
filed  in  his  office,  shall  give  notice  thereof  and  of  the  time 
of  filing  the  same,  the  assessments  therein  mentioned,  the 
land  to  be  aj)propriat«(l,  and  the  purpose  or  ])ur|)oses  for 
which  the  same  is  to  be  apj)ropriate(l,  by  an  advertisement, 
to  be  published  in  ten  successive  numbers  of  some  daily 
newspaper  published  in  said  city,  the  first  publication 
wlureof  shall  be  within  five  days  after  the  filing  of  said 
report  ;  and  said  clerk  shall  deliver  a  copy  of  all  such  re- 
ports to  any  party  or  jieison  demanding  the  same  as  soon 
ail  practicatjle  alter  demand   made. 

App»i.  §  20.     An  appeal   may  be  taken  to  the  circuit  court  of 

Adams  county  from  any  assessment  of  the,  cojnmissioners, 
either  by  8;iid  city  or  any  j)erson  in  whose  favor  such  as- 
sessment shall  have  l^eeii  made,  or  his  or  lur  legal  repre- 
5entativei ;  and  an  appeal  may  be  taken  to  said  court  from 
the  report  of  couwnis.sioners  by  any  jierson  interested  in 
the  land  to  be  Appropriated,  at  the  lime  of  such  report  be- 
ing filed,  in  whose  favor  no   assessment  shall  have  been 


1G7  1857. 

~T 

made,  or  his  or  her  legal  representatives  ;  but  no  appeal 
from  the  report  of  the  commissioners,  or  any  asses^ment 
therein  mentioned,  shall  be  allowed,  unless  the  party  en- 
titled thereto  sliall,  wiihin  twenty  days  from  the  filing  of 
the  report  of  the  commissioners,  cause  a  good  and  suf- 
ficient bond,  of  some  resident  of  said  county,  to  be  lilcd  in 
the  office  of  the  clerk  of  said  court,  payable,  if  the  appeal 
be  taken  by  said  city,  to  the  people  of  the  state  of  Illinois, 
lor  the  use  of  tlie  person  or  persons  entitled  to  the  assess- 
ment api^ealed  from  ;  and  in  all  other  cases  to  said  city  ; 
and  all  sucli  appeal  bonds  sJiall  be  in  the  penalty  of  five 
hundred  dollars,  and  conditioned  in  substance  that  the 
party  aj)pealing  shall  prosecute  the  appealt  aken  without 
delay,  and  ])ay  all  costs  which  may  be  adjudged  against 
such  party,  upon  dismissal  or  trial  of  such  appeal. 

§  '21.  In  all  appeals  herein  provided  for  said  city  shall  ^ca«'ei*tf°a*i'pe«* 
be  defendant  and  the  person  or  persons  appealing,  it  other 
than  said  city,  plaintitf  or  plaintift's.  When  the  appeal 
shall  be  taken  by  said  city,  the  person  in  whose  favor  the 
assessment  appealed  from  is  made  shall  be  named  as  ))lain- 
tiff,  and  so  treated  arid  regarded,  until  the  appeal  is  finally 
disposed  of,  unless  during  the  pendency  of  such  apjieal  the 
legal  representatives  of  such  person  shall  be  madn  plain- 
tiff or  plaintiffs,  as  hereinafter  provided;  and  whenever 
the  court  shall  be  satisfied  of  the  death  of  any  plaintiff  in 
appeal,  during  the  pendency  of  the  appeal,  and  who  the 
legal  representatives  of  such  plaintiff  are,  it  shall,  by  an 
order,  to  be  entered  of  record,  substitute  such  legal  repre- 
sentatives as  plaintiff  or  plaintiffs,  in  the  place  of  such 
plaintiff.  Whenever  the  court  shall  be  satisfied  that  the 
person  named  as  plaintiff  in  any  appeal  taken  by  said  city 
died  after  the  filing  of  the  report  of  the  commissioners  and 
before  the  filing  of  the  appeal  bond,  and  who  the  legal 
representatives  of  such  persons  are,  it  shall,  by  an  order  to 
be  entered  of  record,  substitute  such  legal  representatives 
as  plaintiff  or  plaintiffs,  in  place  of  such  person. 

§  22.  All  appeali  herein  provided  for  shall  be  placed  on  Further  d«ty  oi 
the  law  docket  of  said  coui  t  the  same  as  other  cases  in  law  ; 
and  the  clerk  of  said  court  shall,  in  each  case  of  appeal 
taken  by  said  city,  without  any  unnecessary  delay,  after 
the  filing  of  the  transcript  in  the  next  section  of  tliis  act 
mentioned,  give  notice  tliereof  and  of  the  parties  thereto, 
in  what  court  the  same  is  pending,  and  the  land  to  be  ap- 
^)ropriated,  by  an  advertisement  to  be  j)ublished  once  each 
week  for  four  weeks  in  succession,  in  some  weekly  news- 
paper published  in  said  city  ;  and  at  the  first  term  of  said 
court,  after  the  expiration  of  forty  days  from  the  first  pub- 
lication of  such  notice,  the  plaintiff  in  such  appeal  shall, 
for  all  purposes,  be  treated  an«l  considered  in  court.  No 
notice  of  appeal  taken  to  said  court  by  any  other  person  or 


ISoT.  168 

persons  than  said  citj-  shall  be  required  to  be  given ;  but 
said  city,  as  well  as  the  plaintift'  or  plaintiffs  in  such  ap- 
peal, shall  be  considered  as  in  court  for  all  purposes  at  the 
first  term  thereof  after  the  expiration  of  fne  days  from  the 
time  of  filin^the  appeal  bond. 
^^^tilT^'J^  ^  -■^-  Whenever  an  appeal  shall  be  taken  to  said  court, 
»»^-  eitlier  from  the  report  ot  the  commissioners  or  any  assess- 

ment therein  mtMitioned,  the  clerk  of  said  city,  upon  notice 
being  given  him  by  the  clerk  of  said  court  :   Provided,  the 
clerk  of  said   court  shall  give  said  notice  within   twenty- 
four  hours  after  the  filing  of  said  aj)j)eal   bond  ;  shall  file  a 
transcript  of  said  order  of  said   council,  the  instrument  of 
the  appointment  of  the   commissioners,  and   the  report  of 
the  commissioners,  certified  by  him  to  be  such,  under  the 
seal  of  said  city,   in  the  office  of  the  clerk  of  said  court. 
When  five  days  shall  inter^•ene  between  the  filing  of  the 
appeal  bond  in  any  such  appeal  and  the  commencement  of 
the  next  term  of  said  court  thereafter  it  shall  be  the  duty 
of  the  clerk  of  said  city  to  so  file  such  transcript  on  or  be- 
fore the  first  day  of  the  next  term  of  said  court,  and  in  all 
other  cases  it  shall  be  his  duty  to  so  file  such  transcript  on 
or  before  the  first  day  of  the  second   term  of  said  court, 
which  may  be  held  after  the  filing  of  such  bond. 
i»  miy  i«       §   'J4.     Wiienever  the  plaintiffor  plaintiffs  in  any  appeal 
hereinbefore  provided  for  sliall  fail  or  neglect  to  prosecute 
any  such  appeal  taken  by  him,  her  or  them,  or  tlie  person 
or  persTus  ho,  she  or  they  may  represent  in  such   aj)peal, 
the  same  sliall  be  di'-missed  and  judgment  rendered  by  the 
court  ac;;\int  such  j)laintiff  or  plaintill's  for  the  cost  of  said 
city  exj)*T»ded  in  such  appeal.     And   when  said  city  shall 
fail  or  neglect  to  j)rosecute  any   such^aj)peal  taken  by  it 
the  same  shall  be  dismissed,  andjiulgment  rendered  by  the 
court  against  it  for  the  cost  of  the  plaintiff  or  plaintiffs  in 
such  appeal. 
riAi  ot  »w^        ^  2o.     The  trial  of  appeal  to  said  court  herein  author- 
j,*i.     .^^j  sliall  be  by  jury,  as  in  ordinary  cases,  unless  the  par- 
ties waive  a  jury  and  consent  to  be  tried  by  the  court  ;   in 
which  case  the  trial  shall  be  by  the  court.     In  case  of  trial 
by  jury,  the  jury  shall  swear  or  affirm   that   they  will  well 
and  truly  try  the  cases  according  to  the  law   and   the  evi- 
dence.     Every  such    appeal    shall   j)resent  for  trial,  as  to 
each  and  every  plaintilfin  the  case,  the  question  whether 
lie  or  she  i^  entitled  to  any  compensation,  to  be  paid  by  said 
city,  for  any  interest  in  the  land  to  be  appro|)riated,  and  if 
so,  how  miich  ;  and  in  d<-teriniiiirig  tiiis  (|iies(i()ii  the  court 
or  jtiry,  as  the    case  m;iy   be,  shall,  sf)  far  as  the  same  are 
applie^ble,    be  governed   by  the  rules   hereinbefore    pro- 
vided for   the  government  of  commissioners  in  assessing 
compensation.     When  the   cause  is   tried    by  a  jnry  theif 
verdict  may  be  returned  orally  or  in  writings  and  in  all 


<U»mix 


1G9  1867. 

cases  the  court  shall  cause  the  same  to  be  reduced  to  pro- 
per form,  so  as  to  express  truly  and  fully  the  findings  of  the 
Jury.     Verdicts  of  juries  and  findings  of  the  court  in  cases 
under  this  act  siiall  be  truly  and  luliy  recorded. 

§  20.  A  judgincnt  shall  be  rendered  by  the  court  upon  Ju''smont. 
every  verdict  of  tlie  jury  or  finding  of  the  court  in  cases 
under  this  act,  that  the  interest  of  each  and  every  j)lain- 
tiffin  interest  in  the  land  so  appropriated  ^•est  in  said  city, 
to  be  appropriated  and  used  for  the  j)urpose  or  purposes 
determined  upon  by  said  council,  upon  the  payment  by  the 
said  city  of  the  assessment  or  assessments  in  the  verdict 
or  finding  mentioned  ;  and  all  such  judgments  shall  be  con- 
clusive as  to  all  plaintiffs  upon  the  payment  of  the  assess- 
ment therein  mentioned,  in  the  manner  hereinafter  ])ro- 
vided.  The  costs  which  arise  or  grow  out  of  appeals  tried 
may  be  aj)portioned  and  judgment  rendered  therefor,  as 
to  the  court  may  seem  just  and  proper. 

§  21.  The  proceedings  in  court,  under  the  provisions  P'''^««*ng»  »" 
of  this  act,  except  as  is  otherwise  herein  provided,  shall  be 
tlie  same  as  in  appeals  from  justices  of  the  j)eace,  so  far  as 
applicable  ;  and  the  court  shall  have  power  and  authority 
to  make  all  rules  and  orders  necessary  and  proper  for  a 
full  ard  fair  trial  of  the  question  involved. 

§  28.     Payments  of  compensation  assessed  under  and  by  '',*,^"f '*  la^en"^ 
virtue  of  the  provisions  of  this  act,  whether  by  the  com-    ii"«-    arij     to 

' .  ,  1  ,  ,    •'  .  ..  whom  made. 

missioners,  or  in  court  on  appeals,  may  be  made  to  parties 
l^oring  under  no  disability,  in  whose  favor  the  assessments 
were  made,  to  guardians  of  infants,  husbands  or  trustees  of 
fcDWies  covert  and  conservators  of  insane  persons  ;  and  a 
receipt  for  such  payments  shall  operate  as  a  confirmation 
of  the  proceedings,  and  shall  stop  the  parties  in  interest 
from  all  iurther  claims  or  proceedings  in  the  premises. 
Payments  to  persons  residing  out  of  the  state,  as  well  as 
to  infants  without  guardians,  and  insane  persons  without 
conservators,  residing  within  the  same,  may  be  made  by 
depositing  the  money  in  the  treasury  of  Adairs  countyj 
and  the  receipts  of  parties  entitled  to  money  so  deposited 
shall  operate  in  like  manner  as  for  receipts  for  money  paid 
to  parties  as  herein  provided  :  Fi'ovidcd,  that  if  any  person  frov-iso. 
shall  refuse  to  receive  money,  when  tendered,  payment 
may  in  such  case  be  made  by  depositing  the  amount  in  said 
treasury  ;  and  all  receipts  for  money  paid  and  certificates 
for  money  deposited,  as  above  provided,  shall  be  filed  in 
the  office  of  the  clerk  of  said  cily. 

§   2!>.      Reports  of  commissioners  shall    be    conclusive  '"''^'^'»  *' 'o""- 
evidence  that  triey  performed  the  duties  required  of  them,    <ipiifc   of  cor 
as  to  all  persons  having  an  interest  in  the  land   to  be  ap-     **"     *^** 
propriated  who  do  not  apjieal  therefrom   or  from  assess- 
ments therein  mentioned,  as  well  as  to  all  jiersons  so  ap- 
pealing whose  appeal  shall  be   dismissed;  and  upon  pay- 


1?57. 


170 


ment  beiiij:;  ma^le  as  hereinbefore  provided  of  tbe  assess- 
ment in  such  report  mentioned,  not  appealed  from,  or  ap- 
pealed from  when  the  ajipeal  shall  be  dismissed,  the  inte- 
rest of  all  such  persons  in  the  land  to  be  appropriated  shall 
vest  in  said  city,  to  be  approj)ria'ed  and  used  for  the  pur- 
pose or  purposes  determined  upon  by  said  council. 
parihn  «Jntj-  •«  ^  oO.  As  soon  as  practicable  after  the  publication  of 
the  advertisements  herein  provided  for  the  clerk  of  said 
city  shall  procure  from  the  publisher  or  publishers  of  the 
same  certificates  of  tlu'ir  due  publications,  with  a  copy 
of  the  advertisement  in  each  case  attached,  and  file  such 
as  relate  to  advertisements  caused  to  be  published  by 
the  clerk  of  said  court  in  the  office  of  said  clerk,  and  all 
others  in  his  own  office.  Said  clerk  shall  also,  as  soon  as 
practicable  after  the  final  disposition  in  court  of  appeals 
herein  provided  for,  procure  from  the  clerk  of  the  court, 
under  the  seal  thereof,  a  duly  certified  transcript  in  each 
case  of  appeal,  bond  and  all  orders  and  judgments  of  the 
court  and  entries  of  record  therein,  and  also  of  the  certifi- 
cates of  publication  in  cases  where  advertisements  are  re- 
quired to  be  published  by  the  clerk  of  the  court,  and  file 
the  same  in  his  office,  as  one  of  tiie  papers  relating  to  the 
appropriation  determined  upon  by  said  council.  And  said 
clerk  shall  make  complete  records,  in  a  book  to  he  kept 
for  that  purpose,  of  all  the  orders  of  said  council  and  pa- 
pers filed  in  !iis  office,  as  by  tiiis  act  required,  relating  to 
appropriations  of  land  by  said  council,  a  transcript  where- 
of, duly  certified  by  said  clrrk,  under  the  seal  of  said  city, 
shall  be  evidence  in  all  court-*  and  j)laces  where  the  origi- 
nal orders  and  papers  so  to  be  recorded  could  be  used, 
and  have  the  same  effect. 

§  :'.  1.  .Any  three  of  the  five  commissioners,  at  anytime 
appointed,  may  act  and  execute  any  or  all  of  the  duties 
required. 

§  0-.  Each  commissioner  shall  be  entitled  to  two  dol- 
lars a  day  for  his  services,  to  he  j)aid  by  said  city. 

§  •;*>.  The  city  council  shall  have  exclusive  power  over 
the  streets  and  alloys,  and  may  abate  any  and  all  oi)Slruc- 
tions  and  onrroarhmejits  tlnrL-in  in  such  manner  as  may 
be  provided  by  ordinance. 

5  -W.  To  ompri  all  pj'rsons  to  keep  the  snow  and  ice 
and  dirt  from  the  sidewalks  in  front  of  the  premises  owned 
or  occupied  hy  thrm. 

§  o.'>.  To  levy  and  collect  wharfage  from  any  and  all 
boats,  raft'J  or  crafts  of  any  kind,  landing  at  any  point 
within  the  limifs  of  said  rity. 

§  •'»'».  To  erect,  rrpair  and  regidate  public  wharves 
and  the  rate  of  wharfagf  tlureat  ;  to  regtdate  and  control 
the  ♦•rection  and  repair  of  private  wharves  and  the  rates 
of  wharfage  thereat. 


•tTMU   tad  »1 

if. 


WtMtf* 


Vkirrti 


ITl  1857. 

§  37.     To  establish  standard  weights  and  measures,  and  weiKhu      and 
regulate  the  weights  and  measures  to  be  used  in  the  city, 
in  all  cases  not  otherwise  provided  tor  by  law. 

^  oS.     To  provide  for  the  inspection  and  measurement  M^'i^nromeni  of 
of  lumber  and  other  building  materials,  and  for  the  meas- 
urement of  all  kinds  of  mechanical  work. 

§  3U.     To  provide  for  the  inspection  and  weighing  of  nar. 
hay,  lime  and  stone-coal,  the  measurement  of  charcoal, 
fire-wood  and  other  fuel  to  be  sold  or  used  within  the  city. 

§  40.     To  provide  for  and   regulate  the  inspection  of  ^lo". 
tobacco,  beef,  pork,  Hour,  meal  and  whisky  in  barrels. 

§  11.     To  regulate  the  inspection  of  butter,  lard  and  Butter. 
other  provisions. 

§  42.     To  regulate  the  weight,  quality  and  price  of  bread  Braad. 
to  be  sold  and  used  in  the  city. 

6  4:3.     To  regulate  the  size  of  brick  to  be  sold  or  used  B"*- 
in  the  city. 

§  44.     To  provide  for  taking  enumerations  of  the  inhab-  cntu. 
itants  of  the  city. 

6  43.     To  regulate  the  election  of  city  officers,  and  pro-  Election  of  city 
vide  for  removing  from  office  any  person  holding  an  office 
created  by  ordinance. 

§  4(1.     To  fix  the  compensation  of  all  city  officers,  and  Compewation. 
regulate  the  fees  of  jurors,  witnessess  and  others,  for  ser- 
vices rendered  under  this  act  or  any  ordinance. 

§  47.     To  regulate  the  police  of  the  city  ;  to  impose  r<'i»'-e. 
fines,  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance, and  provide  for  the  recovery  and  appropriation  of 
such   fines  and  forfeitures,  and   the  enforcement  of  such 
penalties. 

§  48.      The  city   council  shall  have  exclusive  power  Femes  acd  bii- 
within  the  city,  by  ordinance,  to  license,  regulate  and  re- 
strain the  keeping  of  ferries,  and  to  suppress  and  restrain 
billiard  tables. 

§  4'J.     To  establish,  erect  and  keep  in  repair  bridges.      Bruges. 

§  50.     To  divide  tlie  city  into  ward?;,  alter  the  bound-  wards. 
aries  thereof,  and  erect  additional  wards  as  the  occasion 
may  require. 

§  51.     To  provide  for  licjhtincr  the  streets,  and  erect-  Liphting      it© 
ing  lamp  posts. 

§  ■)2.     To  establish,  support  and  regulate  night  watches  N'tiiwwatch*!. 
and  day  policemen. 

§  f)''>.     To  erect  market  houses,  establish  markets  and  Matkete. 
market  places,  and  provide  for  the  government  and  regu- 
lation thereof. 

§  54.     To  regulate  and  license  or  prohibit  butchers,  and  B«">-'hc"- 
to  revoke    their  licenses,  for  malconduct  in  the   course  of 
trade,  and  to  regulate,  license  and  re«;train  the  sale  of  fresh 
meats  and  vegetables  in  the  city,  and  restrain  and  punish 
the  forestalling  of  poultry,  fruit  and  eggs. 


is:>7. 


172 


Portc.-s. 

Dram  tttop*. 

Qvij'JwicT. 
Vaoow. 

MiMiMippi  rirc: 
Pob'.K  bcr.dings. 


Bridrwf'.;  or 

hoc«*  o(  oorrtc- 


ii«ackau««u 


§  <■'>.  To  license,  tax  anil  regulate  auctioneers,  mer- 
chants and  retailer."?,  groceries  or  drinking  saloons,  beer 
houses,  taverns,  ordinaries,  liawkers,  peddlers,  brokers, 
p.wvnbrokers  and  money  oliangers,  and  revoke  such  licenses 
at  pleasure. 

§  .")i).  To  license,  tax  and  regulate  omnibuses,  hackney 
carriages,  wagons,  carts  and  drays  ;  fix  the  rates  to  be 
charged  tor  the  carriage  of  persons  and  for  the  wagonage, 
cartage  and  drayage  of  property. 

§  .")7.  To  license  and  regulate  porters  and  fix  the  rate 
of  porterage, 

§  .')S.  To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  ami  anmstnu'nts,  and  prohibit  dogs  from 
running  at  large  throughout  the  city. 

§  59.  To  tax,  restrain,  prohibit  and  suppress  tippling 
houses,  dram  shops,  gaming  houses,  bawdy  and  other  dis- 
orderly houses. 

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

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

§  02.  To  improve  and  preserve  the  navigation  of  the 
Missi?sipj)i  within  the  limits  of  the  city. 

§  •"••'•.  To  j)rovide  for  the  erection  of  all  needful  build- 
ings for  the  use  of  the  city. 

^  04.  To  erect  or  establish  a  bridewell  or  house  of 
correction,  pass  all  necessary  ordinances  for  the  regula- 
tion thereof,  and  appoint  a  keeper  and  as  many  assistants 
as  may  be  necessary.  In  the  said  l>ri(lewell  or  house  o 
correction  sliall  be  confud  all  vagrants,  stragglers,  idle 
or  disorderly  persons  or  violators  of  any  ordinance  who 
may  be  committetl  thereto  by  any  conservator  of  the  peace, 
and  shall  remain  therein  until  the  fine  or  penalty  imposed 
upon  them  shall  be  served  out  at  the  rate  of  oiie  dollar  per 
day  :  Pruvitlrd^  that  no  person  shall  \n\  sejitenced  to  said 
bridewell  or  house  of  cfirreciion  for  a  longer  time  than  six 
months  for  any  one  offence  ;  and  all  j)ersons  sentenced  by 
any  criminal  court  or  magistrate  in  and  for  the  city  for 
any  asiaiilt  and  battery,  petit  larceny  or  other  misdemean- 
or piiniohable  by  imprisonment  in  any  county  j;iil,  shall 
b»'  kepi  therein,  Bubji'ct  to  laljor  or  solitary  eonfnn'ment  : 
P  roi'iili  tf,  that  all  p<rsoiH  so  committed  shall  be  eonfined 
in  tliR  common  jail  u{  Adams  county  or  the  calaboose  of 
the  city  until  imcIi  times  b5  said  city  shall  erect  and  estab- 
lish a  bridewell  or  hou'»e  of  correction. 

§  0.">.  To  provide  by  oidinance  that  every  person  against 
whom  any  judgment  may  li<Teafter  be  recovererl  in  favor 
of  tiaid  city,  for  a  penalty  or  fine  for  a  breiudi  of  anj  ordi- 
nafire  instead  of  beinj'  Cf»mmitted  Ut  the  bri<lewell  or  house 
of  correction,  jail  or  calaboose,  that  they  may  be  rofjuircd 


173  1857. 

to  labor  on  the  streets  until  the  whole  fine  and  costs  shall 
be  paid,  at  the  rate  of  one  dollar  per  day. 

§  (it).  To  authorize  the  taking  U[)  and  provide  for  the  Pathcric»i child- 
safe  keeping  and  edncation  for  such  periods  as  may  be 
deemed  expedient,  of  all  children  who  are  destitute  of 
parental  or  guardian  care,  wandering  about  the  streets, 
committing  mischief  and  growing  up  in  mendicancy,  igno- 
rance, idleness  and  vice. 

§  ()7.  The  city  council  of  the  city  of  Quincy  shall  have  raimyra  raii- 
nower  to  subscribe  to  the  capital  stock  of  the  Quincy  and 
Falmyra  Railroad  Company,  organized  under  the  laws  of 
the  state  of  Missouri,  for  the  purpose  of  building  a  railroad 
from  a  point  on  the  west  bank  of  the  Mississippi  river,  in 
the  state  of  Missouri,  opposite  the  city  of  Quincy,  extend- 
ing to  or  near  the  city  of  Palmyra,  in  the  state  of  Missouri, 
in  any  sum  not  exceeding  one  hundred  thousand  dollars  : 
Froviihd,  that  before  said  council  shall  be  permitted  to 
make  the  aforesaid  subscription,  they  shall  submit  the  mat- 
ter of  making  said  subscription  to  the  people  of  said  city, 
to  be  voted  for  or  against,  giving  notice  by  j)ublisliing  in 
all  t!ie  daily  newspapers  published  in  said  city,  for  at  least 
ten  days  prior  to  said  election,  said  notice,  setting  fortli 
the  time  and  places  and  the  names  of  the  judges  appointed 
for  said  election,  and  the  specific  amount  |)roposed  to  be 
subscribed,  and  the  length  of  time  for  which  the  bonds 
shall  run  which  shall  be  issued  for  payment  of  the  said 
subscription,  and  the  rate  per  cent,  interest  to  be  paid  on 
the  same.  The  manner  of  conducting  said  election  and  can- 
vassing the  votes  thereof  shall  be  the  same  as  for  general 
elections  under  this  act.  If,  upon  canvassing  the  returns 
of  said  election,  it  shall  appear  that  a  majority  of  all  the 
votes  cast  at  said  election  are  in  favor  of  making  said  sub- 
scription, the  city  council  shall  be  fully  authorized  to  make 
said  subscription,  and  may,  for  the  payment  of  said  sub- 
scription, issue  city  bonds  in  the  usual  form  and  bearing 
no  greater  interest  than  at  the  rate  of  eight  per  cent,  per 
annum,  ])ayable  semi-annually  ;  said  city  council  shall  also 
Lave  power  to  assess  and  collect  a  special  tax  for  the  pay- 
ment of  the  interest  on  said  bonds  in  the  same  manner  as 
is  now  provided  by  law  for  the  payment  of  interest  on  city 
bonds,  issued  for  subscription  to  the  Northern  Cross  Rail- 
road Company  :  ProvuIeJj  that  no  bond  shall  be  paid  out 
et  less  than  its  par  value. 

§  OS.  The  city  council  shall  have  power  to  make  all  Gen«r»i  rowen 
ordinances  which  shall  be  necessary  and  proper  for  carry-  ^' "''«'"»«'• 
Ing  into  execution  the  powers  specified  in  this  act,  so  tiiat 
such  ordinances  be  not  repugnant  to  nor  inconsistent  with 
the  constitution  of  the  United  States  or  of  this  state  :  Fro- 
vidfify  they  shall  not  impose  any  fine  for  violation  of  ordi« 
nances  exceeding  one  hundred  dollars. 


1867.  174 

sv,v>   Of   o:'.:-       §  t»0.     The  style  of  the  ordinances  of  the  city  shall  be 

tx..  c«.  ««/?<•  it  ordiiint  (/  fuj  the  citij  council  of  the  citi/  of  Qiiinci/." 

OM.=A  c-  -.0  to       §  7i'.     All  ordinances  passed  by  the  city  council  shall, 

****     ^  ■        within  one  month   alter  they  shall  have   been  passed,  be 

published  in  some  newsjiaper  published  in  the  cit}',  and 

shall  not  be  in   force  until  tlioy  shall  have  been  publishod 

as  aforesaid  without  the  same  have  been  published  in  book 

form. 

ordicmoes  how       ^  71.     All  Ordinances  of  the  city  may  be  proven  by  the 

seal  of  the  corporation,  and  when  printed  and  published  in 

book  or  pamphlet  form,  and   purporting  to  be  printed  and 

published   by  autliority  of  the  corporation,  the  same  shall 

be  received  in  evidence  in  all  courts  and  places  without 

further  proof. 

Chapter  V. — Of  the  Major  and  tlldermen. 

DBtyofmvor.  §  1.  The  mayor  shall  preside  at  all  meetings  of  tlie  city 
council,  and  shall  have  a  casting  vote,  and  no  other.  In 
case  of  a  vacancy  in  the  office  of  mayor  or  of  his  being 
unable  to  perform  the  duties  of  his  office,  by  reason  of 
temporary  or  continual  absence  or  sickness,  the  city  coun- 
cil shall  appoint,  by  ballot,  one  of  their  number  to  jiresidc 
over  their  meetiiigs,  whuse  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,  except  in  regard  to  qualifying  as  justice  of  the 
peace,  until  ilie  mayor. *i|iall  resume  iiis  office  or  the  vacancy 
be  filled  by  a  new  election. 

Tofireboc':.  §  -.     He  may  give  bond  and  qualify  as  a  justice  of  the 

peace,  and  when  qualifu'd  shall  possess  the  same  powers 
and  jurisdiction  as  jiolice  magistrates  and  be  entitled  to 
like  fees,  and  governed  by  the  same  rules  and  regulations 
as  may  be  provided  by  law  and  the  ordinances  of  said  city. 

citr '»«*-i'  'T-  §  •'•  The  members  of  the  city  council  shall  be  fire  war- 
•npt  frvtujurf  Jppq  gnd  coti'ervators  of  the  peace,  and  shall  be  exempted 
from  jury  duty  and  the  payment  of  street  taxes  during  their 
term  of  office. 

jiMtmit  cf  f.ty  h  4.  The  mayor  or  any  two  aldermen  may  call  special 
meetmgs  of  tlie  city  couneil. 

r«r««r  dui/  <4  §  •'.  The  mayor  shall  at  all  times  be  active  and  vigilant 
""'**■  in  enforcing  the  laws  and   ordinances  for  the  government 

of  said  city  ;  he  shall  inspect  the  conduct  of  all  subordinate 
officer!  of  said  tity,  and  cause  negligence  and  positive 
violation  of  duty  to  be  presented  and  punished  ;  he  shall 
from  time  to  time  roniinunieate  to  the  aldermen  such  in- 
formation, and  rerommend  all  such  measures  as,  in  his 
opinion,  may  tend  to  the  improvement  of  the  finances,  the 
police,  the  health,  Hccurity,  comfort  and  ornament  of  the 
city. 


176  18i7. 

§  G.  He  is  hereby  authorized  to  call  on  every  male  in- 
habitant of  said  city,  over  the  age  of  eighteen  years,  to  aid 
in  enforcing  the  laws  and  ordinances,  and  in  case  of  a  riot, 
to  call  out  the  military  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  f;hall  forfeit  to  the  said 
city  not  less  than  one  nor  more  than  one  hundred  dollars. 

^  7.  He  shall  have  power  whenever,  he  may  deem  it 
necessary,  to  require  of  any  officer  of  said  city  an  exhibit 
of  his  books  and  papers. 

§  8.  lie  shall  have  power  to  execute  all  acts  that  may 
be  required  of  him  by  any  ordinance  made  in  pursuance  of 
this  act. 

§  [).     He   shall   also  have  such  jurisdiction  as  may  be  , 

vested  in  him  by  ordinance  ot  the  city,  in  and  over  all 
places  within  five  miles  of  the  boundaries  of  the  city,  for 
the  purpose  of  enforcing  the  health  and  quarantine  ordi- 
nances and  regulations  thereof. 

§  10.     And  he  shall  receive  for  his  services  such  salary  Saiarjoi, 
as  shall  be  fixed  by  an  ordinance  of  the  city. 

§  11.  In  case  the  mayor  shall,  at  any  time,  be  guilty  of  May  bo  indicte^i 
a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  tt^m  oinco. 
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  Adams  county,  and  on  con- 
victiun,  he  shall  be  fined  not  more  than  two  hundred  dol- 
lars, and  the  court  shall  have  power,  on  the  recommenda- 
tion of  tlie  jury,  to  add  to  the  judgment  of  the  coart,  that 
he  be  removed  from  office. 

§  12.     No  person  shall  be  elecCed  to  the  office  of  mayor  certain  pcrcons 
who  holds  any  office,  either  state  or  national,  and  if  elected   offlco^ot^nwyor. 
to  such  while  mayor,  his  office  as  mayor  shall  thereby  be- 
come vacated. 

Chapter  VI. — Legalizing  and  Regulating  the  Issuing  of 
Citj  Bunds. 

§  1.     All  bonds  heretofore  issued  by  the  city  council  of  city  bond*, 
tlie  city  of  Quincy,  whether  for  special  loans  or  contracts 
on  public  works,  are  hereby  declared  to  be  legal  and  bind- 
ing in  law. 

§  :!.  There  shall  be  appropriated  from  the  revenue  of 
said  cily  annually  hereafter,  the  sum  of  not  less  than  ten 
thousand  dollars  ;  said  sum  to  be  denominated  a  sinking 
fund,  to  be  used  for  the  pur|)0se  of  paying  the  bonded  debt 
of  said  city  and  for  no  other  purpose  whatever. 

§  ;'>.     In  the  issuing  of  city  bonds  hereafter,  whether  for  Bxtent  otboocu. 
special  loans  or  for  contracts  on  public  works,  no  sum  for 
a  greater  amount  than  ten  thousand  dollars  shall  be  issued 
by  said  city  in  any  one  six  months,  without  first  providing 


1857.  176 

a  siiikliicj  fmul  over  and  above  the  amount  set  foiMli  in  the 
last  i\>rfi;oins;  section,  siitHoient  to  meet  the  full  amount  of 
the  principal  when  the  same  shall  become  due:  ,bul pro- 
icicreMoBbooj*  vidiii^fttrllury  that  no  bond  shall  be  issued  drawin£r  inte- 
rest at  a  greater  rate  than  six  per  cent,  per  annum,  pay- 
able either  annually  or  semi-annually. 

Chapter  VII. — Puhlic  linpy^ovcmcnts. 

8tr««j  *ni  »j-       §  1.     The  city  council  shall  have  power,  upon  the  peti- 
'•'^*'  tion  of  the  majority  of  the  resident  owners  and  holders 

of  lots  in  any  block  or  blocks  or  other  natural  dixision  of 
ground,  fronting  on  any  street,  alley  or  avenue  in  said  city, 
to  cause  from  time  to  time  any  such  street,  alley  or  avenue 
or  any  part  thereof  to  be  paved,  planked  or  macadamized, 
and  to  keep  the  same  in  repair. 

§  2.  The  city  council  shall  have  power  to  pave,  plank 
or  macadamize  any  street,  alley  or  avenue  without  petition 
asset  forth  in  section  one:  Pruvuledy  sd^ni  city  shall  be 
the  owner  of  at  lest  one-half  of  the  real  estate  fronting  on 
the  same:  xliid provideil.furlkcry  should  said  city  not  be 
the  owner  of  one-half  of  the  real  estate  fronting  on  said 
street,  alley  or  avenue,  then  upon  the  petition  of  a  suffi- 
cient number  of  the  other  property  holders  in  connection 
with  said  city  to  represent  a  majority  of  the  real  estate 
frontinn;  on  the  said  street,  alley  or  avenue,  the  city  coun- 
cil shall  have  full  power  to  pave,  plank  or  macadamize  the 
said  street,  alley  or  avenue. 

§  K>.  To  cause  cross  and  sidewalks,  main  drains  and 
sewers,  pri\ate  drains  ar,d  atjueducts  to  be  constructed 
and  laid,  relaid,  cleansed  and  rej)aired,  and  regulate  the 
same. 

■ip««M4  proTj.       V  ^-     The  expenses  of  any  improvement  mentioned  in 
i^Atai.  j),g  foregoing  sections  may  be  assessed  upon  the  real  estate 

in  any  natural  division  benefited  tlujreby,  with  the  cost  of 
the  proceedings  therein  in  proportion  as  near  as  may  be 
to  tlie  benefit  thereto:  /Var/VA//,  such  assessment  shall 
not  exceed  three  per  cent,  per  annum  on  the  property  as- 
sessed. 

spMAibn.  §  •').     The  said  city  council  sliill  have  power,  by  ordi- 

nance, to  levy  and  collect  a  special  tax  on  the  owners  or 
holders  of  the  lots  on  any  street,  alley  or  avenue,  or  j)art  of 
any  utreet,  alley  or  avenue,  according  to  their  respective 
fronts  owned  or  held  by  them,  for  the  purpose  of  carrying 
out  the  power  granted  by  the  preceding  sections  of  this  act. 

CuAPTEn  VIII. —  Fire  Drpurtmcnl. 


rut. 


§    1.     The    city    council,   for   the    purjjose  of  guarding 
•gainst  the  calamities  of  fire,  shall  have  power  to  pre- 


177  18.:;. 

scribe  the  limils  within  which  wooden  buildings  shall  not 
bj  erected  or  placed  or  repaired,  withuut  tiiu  permission 
of  the  city  council,  and  to  direct  that  ali  and  any  buildings 
within  the  limits  prescribed  shall  be  made  or  constructed 
of  fire  pr(K)f  material,  and  to  piohibit  the  repaiiinj^  or  re- 
building o.'"  wooden  buildings  within  the  fire  limits,  w/ieii 
the  same  shall  ha\e  btt.n  uauiaged  to  the  extent  of  fifly 
per  cent,  of  the  value  thereof,  and  to  prescribe  the  manner 
of  ascertaining  such  damage. 

§   2.     Tlie  city  council  shall  also  have  power  to  regi*«  ciiimncyii. 
late  the  construction  of  chimneys,  so  as  to  admit  chimney 
sweeps,  and  to  compel  the  sweeping  and  cleaning  ol  chim- 
neys. 

§  o.  To  prevent  the  dangerous  construction  and  con- 
dition of  chimneys,  fireplaces,  hearths,  stoves, stove  l'i]>es, 
ovens,  hoiiers  and  apparatus,  used  in  and  about  any  baild- 
ing  or  manufacto/y,  and  to  cause  the  same  to  be  removed 
or  placed  in  a  safe  and  secure  condition,  when  considered 
dangerous. 

§  4.     To  prevent  the  deposit  of  ashes  in  unsafe  places,  asIus  »afciyde- 
and  to  appoint  one  or  more  officers  to  enter  into  all  build-   '^' *''• 
ings  and  inclosures  to  discover  whether  the  same  are  in  a 
dangerous  stale,  and  to  cause  such  as  may  be  dangerous 
to  be  put  in  a  sale  condition. 

§  5.     To  require  the  inhabitants    to  provide  as  many  Dmioi  or   ci;i- 
fire  buckets,  and  in  such  manner  and  time  as  they  shall  pre-    *'"*• 
scribe,  and  to  regulate  the  use  of  them  in  times  of  fire. 

§  (i.  To  regulate  and  prevent  the  carrying  on  of 
manufactories  dangerous  in  causing  or  promoting  fire. 

§  7.  To  regulate  and  prevent  the  use  of  fire  works 
and  fire  arms. 

§  8.  To  compel  the  owners  or  occupants  of  houses 
or  other  buildings  to  have  scuttles  in  the  roofs,  and  stairs 
or  ladders  leading  to  the  same. 

S  "J     To  authorize    the    mayor,    aldermen,    fire   war-  vnproperperfan. 

1  il  en  r         •  1        -.     \       1  -  .  re. (rallied  f rum 

dens,  or  oilier  otticers  oi  said  city  to  keep  away  Irom  the  tira. 
vicinity  of  any  fire  all  idle  and  suspicious  persons,  and- to  . 

compel  all  officers  of  said  city  and  other  persons  to  aid  in 
the  extinguishment  of  fires,  and  in  the  preservation  of 
property  exposed  to  danger  thereat. 

§  10.  And"generally  to  establish  such  regulations  for 
the  prevention  and  extinguishment  of  fires  as  the  city 
council  may  deem  expedient. 

§  11.     The  city  council  shall  procure  fire  engines  and  »>reengin»i. 
*        '  aratus  used  for  the  extinguishment  of  fire>',  and 

have  the  charge  and  control  of  the  same,  and  provide,  fit 
and  secure  engine  houses  and  other  places  for  keeping  and 
preserving  the  same,  and  shall  have  power, 

§  12.     To  organize  fire,  hook,  hose,  bag,  ladder  and  fir*  coap»iu(<«. 
axe  companies. 
— Gl 


1S5T.  ITS 

§  IS.  To  appoint,  during  their  pleasure,  a  compe- 
tout  jiumber  of  able  and  respectable  ii\hal  itants  oi'said  city 
tircmen,  to  take  the  carL-  and  management  of  the  engines 
and  otiier  apparatus  and  implements  used  and  provided  for 
iiie  extinguishment  ol'  f\Tt  s. 

r. -awa'  a:.;if*  ^  14.  To  prcsoribe  the  duties  of  firemen,  and  to  make 
rules  and  regulations  for  their  government,  and  to  impose 
reasonable  fines  and  forfeitures  upon  the»n  for  a  violation  of 
t!ie  same,  and  for  incapacity,  neglect  of  duty  or  miscon- 
duct tj  rcmo\  e  them. 

§  1").  The  chief  and  assistant  cngireers  of  the  fire  de- 
partment, wiih  the  «tther  firemen,  shall  lake  the  care  and 
management  of  the  engines  and  other  apparatus  and  imple- 
pleinents  used  and  jnovided  fortlie  extinjiuishment  of  fires, 
and  their  duties  and  powers  s!ia11  be  denned  by  the  city 
council. 

F»rwacn'» t.i»  •  ^  l(j.  Thc  members  of  the  city  council  and  firemen 
mc:.  :ic».  *  shall  dcring  tlieirterm  of  service  as  such  be  exempt  from 
serving  on  ju.-ies  in  all  courts  of  tliis  state,  and  in  the 
militia,  and  likewise  be  exempt  from  working  out  any 
road  or  street  ta\  ;  thc  name  of  each  fireman  shall  bo 
registered  with  the  cleik  of  the  city,  and  the  evidence  to 
entitle  liim  to  the  exemption  provided  in  tlii>'  s»^ction  shall 
be  the  certificate  of  the  clerk,  made  within  the  3'ear  in 
which  tlie  exemption  is  claimed. 

it»t«B;  .t   n  c-      §  IT.     Every  fireman  wlio  sliall  have  faithfully  served  as 

u«ra  .•tTi, «..    gypij  jjj  gj,jj|  pj^y  j-j,j.  jji^   term  of  trn  years  shall  be  there- 

afler  exempt  from  [scrvitig  on]  juiies  in  all  courts  in  this 
stale  or  in  the  militia,  exctpt  in  case  ol  war,  invasion  or 
iniurrection,  and  the  evidence  to  entitle  such  person  to 
sucli  ex'^raption  -hall  be  a  dijdoma  under  thc  corporate 
seal,  signed  by  the  mayor  and  cleric. 

Ci1apti:r  IX. — MisrrlUinrotis  Provisions. 

rro».»i«»t  for  55l«  Thc  city  council  shall  h;ive  power,  for  the  purpose 
-^.y.       and  of  keeping  the  street-^,  lanes,  n  venues  and  alleys  in  repair, 

t-.«».    *  to  levy  in  each  and  every  year  a  tax  not  exceeding  two 

dollar.<>  on  caf;h  and  rvery  free  white  male  inhabitant  in 
said  city  ov*>r  tlic  age  of  twenty-one  years  and  under  tho 
Bge  of  fil'y  year.^,  <'*ceptiMg  ilmse  who  are  now  or  may  bo 
hereafter  exempted  by  law  from  road  tax  ;  said  tax  to  bo 
collected  in  such  a  nionner  as  said  citv  council  may,  by  ordi- 
nance provide,  f,r  the  rity  council  may  re(j'iire  every  white 
male  resident  of  saifl  <:ity,  over  the  agr  of  'iwei»ty-ono 
3  ears  and  under  tin-  »f;e  of  fifty  yrarfj,  (excepting  those 
exempted  by  law,)  to  labor  three  days  in  each  year  upon 
the  »tr«»ct,s  and  alleys;  but  every  person  may,  at  his  option, 
pay  at  the  rate  of  fifty  cents   for  every  day  lie  shall  be 


179  1857. 

bound  to  labor:  Provided,  the  same  sfiall  be  paid  on  or 
before  the  first  ot  the  tliree  days  upon  whicli  he  in?y  be 
notified  to  labor  by  the  street  commissioner,  for  the  divi- 
sion in  which  he  resides.  In  default  of  jjayment  as  afore- 
said, the  su:a  of  tliree  dollars  may  be  collected  and  no 
oifset  shall  be  allowed  in  any  suit  brought  to  recover  the 
same. 

^  2.  Tiie  city  council  shall  have  power  to  issue  w^ar-  Treasurer^ war- 
rants or  vouchers  on  the  treasurer  foi  such  auiounts  as 
may  luive  been  duly  audited  and  allowed,  and  in  such  sums 
as  may  be  deeiiied  proper  and  right ;  Pruvidid,  tiiat  said 
warrants  or  vouchers  &liall  not  be  made  so  as  to  draw 
interest  on  the  same. 

,>'  :].     The  city  council  sliall  cause  to  be  published  an-  Amn^ai  reprrt  ec 
nually,  a  full  and   complete  statement  of  f^ll  moneys  re- 
ceived and  expended  by  the  corporation  during  the  pre- 
ceding year,  and  on  what  account  received  find  expended. 

?J  4.     The   county  shall  be  exempt  from  the  .support  of '»«?«". 
paupers  withm  the  limits  cf  said  city  ;  but  the  city  council 
shall  provide  such  means  and  pass  sucli  ordinances  as  they 
shall  deem  proper  for  tlie  supj)ort  of  their  own  paupers. 

ij  5.     All  property,  real   and  personal,  in  the   city  of  Tax  for  county 
Quincy,  shall  be  exempt  from  taxation  for  ccunty  pur- 
poses. 

^  0.     The  city  of  Quincy  shall,  on  the  first  Monday  of  city's   part    .r 

^        .         ,  .''  ,  ii      Au  LL  i.      ii  L        c«urt  expense*. 

September  next,  and  annually  tn oreatter,  pay  to  tlie  county 
of  Adams  the  sum  of  eight  hundred  oollar^,  to  reimburse 
said  county  for  moneys  advanced  by  her  on  account  of 
said  city's  part  of  tlie  court  expenses  of  said  count}'.  All 
acts  and  part  of  acts  repugnant  to  this  section  are  hereby 
repealed. 

vi  7.     It  shall  be  the  duty  of  the  city  council  of  the  city  statistioj  to  no 
of  Quincy  to  cause  to  be  furnished  to  the  school   commis-    Z^^a  wmmjs* 
sioner  of  Adams  county  an  abstract  of  tlie  whole  number   ''^•°«''' 
of  children  under  the  age  of  twenty  years,  residing  in  said 
city,  at  the  same  time  and  in  tlie  same  manner  as  township 
treasurers   are  now  or  may  hereafter   be   required   to  do, 
and  the  said  school  commissioner  shall  annually  pay  to  tlie 
treasurer  of  the   city  of  Quincy  the    proportion   of   the 
school,  college  and   seminary  fund  to  which  the  .said  city 
may  be  entitled  according  to  the  number  of  children  as 
aforesaid  residing  in  said  city,  taking  his  receipt  for  the 
same :  Fror/d-'dj  that  no  abstract  of  the  number  of  child- 
ren as  aforesaid  residing  in  said  city  shall  be  returned  to 
said  schcol  commissioner  oftencr  than  once  in  two  years 
as  required  in  other  school  districts. 

^'  8.     The  city  council  shall  have  exclu.cive  control  and  PBtiw sehooi*. 
possess  all  the  rights,  powers  and  authority  necessary  for 
the  management  of  public  schools  and  the  school  funds  of 


1657.  1^^' 

said  city,  with  j>o\.  er  to  enact  sucli  ordinances  as  may  hv 
necessary  to  carry  tlu'ii  powers  and  dnlie<  into  effect. 
,  i-  0.     Ail  fines,  peniilties  and  forfeitures  iiiilicted  by  or 

recovered  before  the  police  inr.gistiates  or  any  other  >na- 
gistrates  of  said  city  ot  Quincy,  whether  for  violation  of  ihe 
city  ordinances  or  the  laws  of  the  state,  shall  be  paid  into 
t!»e  treasury  of  said  city,  and  it  shall  be  tiie  duty  of  said 
lua^islrates  und  all  other  oiiicers  to  account  for  and  pay 
over  all  such  fines,  penalties  and  forfeitures  as  may  be  col- 
lected by  them,  to  the  treasurer  of  said  city,  on  the  first 
Mondays  of  Maro!i,  June,  September  and  Decembor  of 
each  and  every  year  hereafter. 
M>i>*  •ad  vi«u  J,'  10.  No  plat  or  map  <•*(  any  addition  to  the  said  city 
**  *'^'  of  Quincy,  or  any  subdivision  of  any  land  within  the  limits 

of  the  same,  which  may  iiereafter  be  made  with  the  intent 
of  selling  any  part  of  such  addition  or  subdivision  shall  be 
entitled  to  record  or  be  recorded  in  tlie  ofRce  c(  the  re- 
corder of"  Adams  county  until  (he  same  shall  have  been  ap- 
proved by  the  city  council  of  said  city,  and  all  such  addi- 
'lions  and  subdivi^ioii^  a?  shall  hereafti'r  be  made  with  the 
intent  aforesaid  shall  be  null  and  void  unlcs  a  correct  pi  it 
or  m;ip  of  the  same  be  appi  oved  by  said  city  council  within 
sixty  days  from  tlie  time  the  same  shall  hare  been  certified 
by  tite  surveyor  making  the  s:inie. 
Fr»«i».onj>    for      ^  H-     Any  persou  or  persons  who  may  subdivide  or  lay 
dmw?!.""*  '"^  <-*"^  "'^°  ^^^"  °^  blocks,  any  quarter  section  or  any  part  of 
a  quarter   section  of  land  now  adjoining  the  said   city  ot 
Quincy,  are  hereby  required  to  lay  cut  streets  through  the 
same,  so  as  to  correspond  with  the  streets  within  and  lead- 
ing from   said  city  on  the  •'ide  upon  which  said   land  may 
be  located  :   Prm-idt'd,  said  subdi\  isions  are  laid  out  so  as 
to  contain  less  than  ten  acres  of  ground. 
1.1  r.  f -n.        ,,'  IJ.     If  any  person  shall  violato  the  provisions  of  the 
foregoing  section  be  shall  be  liable  tor  all  damages  to  the  cily 
of  Quincy,  iii  a  sum  of  not  less  tluin  one  hundred  nnr  more 
than  one  thousand  d(dlars,  for  tlif  fiilure  of  the  laying  out  of 
each  street  therein  required;  said  forfeiture  to  be  recovered 
by  suit  in  the  circtiit  court  of  Adams  county,  Illinois. 
Qatmv'Ati/'btftfr       S  \'\.     No  person  shall  be  an  ineomi)etent  judge,  justice, 
***•  witneoi  or  juror,  by  reavon  of  his  being   an  iidiabitant  or 

freehold«'r  in  the  city  of  (Quincy,  in  any  action  or  proceed- 
ing irj  which  the  "aid  city  shall  be  a  jiarty  in  interest. 

§11.  All  ordinances,  regulations  and  resolutions  now 
in  force  in  the  c>ly  of  Quincy,  and  not  inconsistent  with 
thill  act,  shall  remain  in  fore*,  under  this  act  until  altered, 
modified  <*r  rejifaled  by  the  city  council  after  this  act  shall 
take  effect. 

&  l*.  All  actions,  rights,  fin«s,  penalties  and  forfeitures 
ID  suit  or  otherwise,  which  have  accrued  under  (he  several 


acts  consolidated  liorein,  siiall  be  vested  in  and  piosecut^'d 
by  the  oorj)or;ition  hereby  created. 

§  1(3.  AH  property,  real,  personal  or  mixed,  belonging  ci'y  propciiy. 
to  the  city  of  Quinoy,  is  hereby  vtistod  in  the  corporation 
created  by  tiii^  act,  and  the  officers  of  said  corporation 
now  in  offimj  shall  icspectively  continue  in  the  sair.e  'intil  nurtiicnor-m^o 
superceded  in  conformity  to  the  provisions  litrcof,  but  shall 
be  governed  by  this  act,  which  shall  taka  elfect  from  and 
rfter  its  pas!?age. 

§  17.  All  ordinances  of  the  city,  when  printed  and  pub- 
lished by  .-xutlurily  of  the  city  council,  sliull  be  received  in 
all  courts  and  places  without  further  proof. 

§  18.  T'sis  act  sh.ill  be  deemed  a  public  act  and  may 
be  read  in  evidence  without  proof,  and  judicial  notice  shall 
be  taken  thereof  in  all  courts  and  places. 

§  ID.  This  act  ?h:iU  not  invalidate  any  legal  act  dene  city  council  »i.i 
by  the  city  coun  il  of  the  city  of  Quinoy,  or  by  its  otScers, 
nor  divest  tlieir  successors  under  this  act  of  any  lights  cf 
property  or  otherwise,  or  liability  which  may  h.ave  ac- 
crued to  or  been  created  by  .aid  corporati6n  prior  to  the 
passage  of  this  act.  • 

5  -0.  All  oflScers  oi'  the  city  created  conservators  of  i'"'J<'  .  <^|"*f»^ 
the  peace  cy  this  act  jhail  have  power  to  arrest  or  cause 
to  be  arrested,  with  or  wiiihout  process,  all  peroons  who 
shall  break  or  threaten  to  break  the  peace,  commit  fur 
examination,  and,  if  necessary,  detain  such  persons  in 
custody  over  riiglit  in  the  watch-Iiouse  or  other  safe  place, 
and  shall  have  and  exercise  such  other  powers  as  oonscr- 
vators  of  the  peac;'  as  thy  city  council  may  prcsoribe. 

§  21.     The  cil>  of  Quincy  she'll  not  be  liable  m  any  case  <^;"J,'J|^''j"^';',',**  '*' 
for  the  board  or  jail  fees  of  any  pei'5on  who  may  be  com- 
mitted by  any  officer  uf  the  city  or  by  any  magistrate  to 
the  jail  of  Adams  county  for  any  offence  punishable  under 
the  laws  of  this  state. 

5  J2.  Notliingin  this  act  contained  shill  be  so  construed  i''-''^'"'"'  ».■*"' 
as  to  deprive  the  city  council  of  said  city  oJ  any  power  or 
authority  conferred  I'pon  the  siime  by  the  act  incorporating 
said  city  and  the  various  acts  amendatory  thereto  j  but 
(he  city  council  shall  possess  and  enjoy  all  the  powers  and 
authority  h«  retofore  conferred  upon  the  same,  except  so 
far  us  such  powers  and  authority  lu've  been  expressly 
modified  or  repealed  by  tiiis  ajt  or  the  acts  heretofore 
mentioned. 

§  -l'-.     This  act  shall  bo  deemed  a  public  act,  and  take 
effect  from  and  after  its  passage. 
Aprno^  KD  Jan.  o'>,  1S5T. 


Ik*  cv::>jr*'ioD. 


1S57.  i82 

j»ii  »«.  isy:.      AN  ACT  to  incorporate  the   La  Salle  and  Peru  Gas  Liilit   ami  Coke 

ConijiAiiy. 

Section  1.  Be  it  owcted  hy  /he  people  vj  the  ^tcite  qf 
lUinoisy  represented  in  the  Ge)}cra/  >.^sscinl>h,,  Tliat 
Churchill  Cotfinp,  Jolin  L.  McCcrmick,  Henry  C.  Free- 
man, DaviJ  L.  Hous;h,  tlias  R.  Smith  and  James  lirom- 
fiekl,  their  associatrs,  successors,  htirs  and  assiirn^?,  l.o  and 
they  are  ht  reby  created  a  hody  corporate  and  pcditic,  witii 

j,^  f  ]ierj>etual    snccessioji,  h\  the  neme  and   style  of  "The  Lji 

Salle  ;.nd  Peru  Gas  Liglit  and  Coke  Cuinpany,"  and  by 
that  name  they  and  tiieir  successors  shall  be  capable  of 
contracting  and  beinp:  contracted  with,  suing  and  being 
sued,  detending  and  brin:;  dei'endfd  in  all  courts  and  places, 
and  in  ail  matters  whatsnever,  with  full  jtowers  to  acquire, 
hold,  <^ccui)y  and  enjoy  all  such  jjirsonal  and  real  estate  as 
may  be  necessary  and  proper  for  the  construction,  exten- 
sion, :\nd  usefulness  of  t!'C  works  of  snid  company,  and  for 
tlie  management  and  good  government  of  the  same  ;  and 
they  may  have  a  common  seal,  and  the  same  alter,  break, 
defaro  and  renew  at  pltasure. 

».wcr. vo.tc«iiu  §  ►•  The  rorp-iration  hereby  created  shall  have  full 
power  and  authority  to  manufacture  and  sell  gas  and  ccke, 
to  be  made  from  any  and  all  of  the  substances,  or  a  com- 
bination tlierenf,  from  which  inflammable  gas  can  be  ob- 
tained, and  to  be  used  .'or  tlio  purpcse  ofjiglitirig  the  cities 
La  Salle  and  Peru,  ci  the  streets,  alleys,  K\ees,  emlank- 
mei.t?,  buildings,  station",  depots,  uianufacturing  establish- 
ments, and  public  houses  or  places  therein  contained,  and 
to  ereot  all  necessary  works  and  apparatus,  and  to  lay  pipes 
for  the  purpose  of  conducting  the  g  s  in  any  ol  the  streets, 
rdley3,  hvt-es,  embarikm -i.ts  a::d  uvcii'u^s  of  said  cities  : 
Pruviiled^  that  no  peiman^nt  injury  or  damage  shall  be 
doDfJ  to  any  such  street.-*,  alh  }s,  levees,  e mbanknients  or 
avenues  t  f  said  citic«! :  %Jnd  ]>r(iridcd^  (tf.s(j,  that  the  real 
estate  which  tl.i«»  corporation  is  entitled  to  hold  shall  not 
exceed  in  value  ten  tho>isan<l  dollars,  exclusive  of  the  ira- 
pro\im»"nt«»  er«cti'd  therton. 
of  S  ■'..  The  corporation  lu  reby  crcat'd,  when  organized, 
'•  fliall  be  und'T  the  dirpction  of  five  directors,  all  stochhold- 
cri  in  !»aid  company,  on*-  of  whom  fchall  be  elected  presi- 
dent. Thf  directors  .shall  have  po\vrr  to  make  by-lawf;, 
rubs  and  rt-gulations  for  conducting  the  works,  the  elec- 
tion of  ilirecl  rf  and  tin-  affair-  "f  the  company,  as  to  them 
may  seem  necessary,  not  Ini  on-iiTlent  with  the  constitution 
or  laws  of  ihii  stale,  or  f.f  the  United  States,  and  may  njp- 
point  such  officers,  agi-nts  and  employers,  and  prescribe 
th»'  duties  of  the  xamf,  as  they  may  deem  neces-^ary. 

6  I.  The  cttpitiil  "tock  of  faid  company  whall  not  rx- 
I  f  '•a\  liie  Fum  <<1  two  liundri'd  thousand  dolhir.";  to  I  e  divi- 
ded into  shares  of  fifty  dfdlars  rach,  to  be  subscribed  and 


1S3  1857. 

paid  for  as  may  be  prescribed  by  the  corporators  above 
named,  or  their  succejsors  or  assigns.  And  tlie  said  com- 
pany shall  have  the  exclusive  privilege  of  svipj)l)  ing  the 
cities  of  La  Salle  a:ul  Peru  and  their  inhahi'atits  with  gas, 
for  the  jmrpuse  of  atVordiiig  lis^ht,  for  five  years, 

§  .').  Tills  act  shall  taice  eHect  and  be  in  force  from  and 
after  its  passage. 

Approvkd  Jan.  oO,  1857. 


AN  ACT  to  incorporate  ihc  Illinois  Southern  Railroad  Cinipany.  jnn  3i,  i367. 

Section  1.  Be  it  eiiiicled  by  thepeupfe  of  (he  stale  (,/  Hit- 
noi.^,  rejtresmtcdin  the  Geiit  rat ^dfsemh/i/^  Tiiat  Asa  R.  But- 
ler, George  W.  Ilite,  William  Btirke,  I).  Y.  Brid^M  ?,  Hi-  mconwraiorji. 
ram  Bcren,  J.  H.  Brow.i,  Robert  B.  Shelton,  Jolin  R.  Ga- 
briel, M.  1).  Gilbert,  Joseph  Robinson,  James  S.  Robinson, 
Cliarlcs  B.  Brown,  Cliarles  Agniel  a..d  A.  J.  Kuyhendall, 
iind  their  associates,  successors  and  assigns,  are  hereby 
created  a  body  politic  and  corporate,  under  the  name  and 
style  of  *'Tlie  Illinois  Southern  Railroad  Company,"  with  siyiecf. 
perpetual  sucession  ;  and  by  that  name  be  and  they  are 
hereby  made  capable,  ia  law  and  equity,  to  sue  and  be 
sued,  plead  and  be  impleaded,  deft-nd  and  be  deft-nded 
against  in  any  court  of  law  or  equity  in  this  state  or  t.ny 
other  place  ;  to  make,  use  and  have  a  common  seal,  and  to 
alter  the  same  at  pleasure  ;  and  shall  be  and  are  hereby 
vestea  with  all  the  powers,  privileges,  rigbts  and  immuni- 
ties which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  oi  this  act,  as  hertinatter  set  forth  ; 
and  the  said  company  are  hereby  authorized  and  empowered 
to  locate,  a:»d,  from  time,  to  alter,  clKinge,  relocate,  con-  oijoct.r. 
struct,  reconstruct,  complete,  equ  p,  and  keep  in  order  a 
railroad,  fiom  some  ponit  in  Pulaski  or  Alexander  county, 
in  tliis  '^tate,  to  sjme  point  on  the  line  between  this  state 
and  the  state  of  Indiana,  at  orsoutii  of  Vincennes,  and  for  ^ 

this  purpose  said  company  is  autliorized  to  lay  on!,  its  said 
road,  not  exceeding  two  hund''ed  feet  wide,  thro"ghnut  the 
entire  length  of  said  road  ;  and  for  the  purpo?':;  of  obtain- 
ing stone,  sand  or  gravel,  may  take  and  appropriate  as 
mucli  more  land  as  may  be  necessary  for  tlie  pr.>per  con- 
struction, maintenance  and  security  of  said  railroatl  ;  and 
for  con:«tructiiig  shops,  depots  and  ot!irr  suitable  and  con- 
venient fixtures,  in  connection  with  and  apjiurtenr.nces  to 
said  railroad,  may  take  and  have,  use  and  occupy  any 
lands  uj)nn  either  side  of  said  railroad,  not  exceeding 
tiirec   hundred   feet  iu  depth  from  said   railroad,  and  also 


1S4 

for  constMiclin;_;  all  nrecssary  bri.lQre.",  said  compsny 
takinij  all  siio'i  Iinds  as  gilts  or  purcl»asin<j  or  leaking 
sat! Miction  for  the  same  in  the  manner  hertnnaftor  provi- 

;  J  The  said  company,  and  und(»*  their  direction,  their 
•\-^-"^^>  servants  and  workmen  are  hereby  aiithori/ed  and 
empowf  red  to  enter  into  and  npon  tl.e  lands  and  grounds 
of  or  hsloni^ingto  the  state,  or  to  any  person  or  persons, 
body  politic  or  corporate,  and  survey  and  take  levels  of  the 
same  or  any  part  tliereof,  ard  io  siscertsin  and  set  out  such 
part  or  parts  as  they  <?!iali  tliink  iiecessar}-  and  proper  for 
making  said  railroiui,  with  one  or  more  sets  of  tracks  or 
rails  ;  an-'  also  to  make,  build,  eiect  rr  set  up  in  Did  tipf>n 
the  rca»e  of  :Jcid  railrcad  or  upon  the  land  adjoining  or 
near  the  same,  all  iueh  works,  ways  or  roads  and  con- 
veniences as  may  be  requisite  and  convenient  for  the  pur- 
poses of  Slid  railropd,  and,  also,  frum  time  to  time,  to  alter, 
repair,  reconstruct,  widen  or  enlargf  the  same,  or  any  of  the 
conveniences  above  rar  r.tioiicd,  as  well  for  the  carrying  i  nd 
conveying  goods,  commodities,  timber  and  other  thirds,  to 
and  upon  the  said  railroad,  as  for  ceriyin;^  all  kinds  of  mate- 
rials necessary  for  the  making,  erecting,  furnishing,  alter- 
51  '  i'lg,  amending,  reconstrucling  or  enlarging  the 

V.  .     .  ccnn(  cted  wi^h  the  said  railroad,  and  centract 

and  agree  with  the  owner  or  owners  theieof  fcr  earth, 
timber,  stone,  sand,  gravel  or  other  materials,  or  ft;4y  nr- 
ticlt  whatever,  which  may  be  wanted  in  the  construction 
or  repairing  of  said  railroad  or  any  of  its  appurtonanC'S  ; 
they,  the  said  company,  doing  as  Mtlle  damage  a<  jiossible 
in  '  ition  ofsaid  powers  hereby  granted,  and  io?kiiig 

3u  .  ),  in  the  manntT  hereinaftt  r  mr  ntion«  d,   for  all 

damag*  s,  if  any  there  be,  snstain»*d  ly  the  ov/ner  or  own- 
*'r<  ofsaid  lands. 

^  Z.  Said  company  may  contract  and  agree  with  the 
Qvner  or  owners  of  such  land  or  lands  as  tho  said  com- 
j'any  may  wi«h  to  use  or  occujiy  for  the  ]>urposes  of  said 
load  or  for  the  j»uri»ose  of  [irocuring  sand,  gra\»  1,  stone, 
earth  or  olht-r  materials  to  be  used  in  the  construction  of 
Kaid  road  or  fur  t!ie  rejiair^  of  th<-  same;  and  in  case  raid 
c^i  T    '  '    '■!  the  ov/ner  or  owners  of  all  or 

«».  lid,  so  as  ♦o  procure;  the  same  by 

ll.  I  I'l  a(  I  (,(  such  owner  or  ouners,  or  if 

lh<  IS  thereof,  or  any  or  either  of  t!i»rn  bo  a 

Jemin  an   infant,  von  rumpus  tnivfia^  unknown, 

or  oui  Ml  1,  .  county  in  w!'ich  the  lands  or  any  prcjierty 
wanted  may  be  aituatfd,  the  same  may  be  taken  atid  paid 
for,  if  awarded,  in  the  manner  i-rovided 

for  in  ■  i  !•■  ffjr  n  general  system  of  railroad 

incorporation*,"  appiovrd  November  •'iMi,  IH  jO;  and  thf» 
final  decision  or  Rw:»rd   sliull   vest  the  comjiany  hereby 


185  1857. 

created  all  the  rights,  jirivileges,  jjowt  rs,   franchi?cs  and 
immuiutits  in  said  act  cotitcinplattd. 

§  4.  The  capital  stock  cfsuid  coinj)any  &iiall  ht  lliiee  Caiiuiht»ii(. 
lailJions  of  dollar?,  and  tlie  same  may  be  increased,  by  a 
vote  of  the  majority  of  the  stockholders,  at  any  regular 
meeting,  or  at  any  called  meeting,  legal  notice  being  given 
to  each  stockholder  of  such  meeting  and  its  object:  t^ra- 
tided y  the  total  amount  of  stock  ?hall  not  exceed  the  sum 
necessary  to  build  and  coinpk te  said  railroad  and  furnish 
the  necessary  buildings,  machine  shops,  station  Isouses, 
water  tanks,  woodsheds,  dr])ots,  engines,  freight  and  pas- 
senger cars,  and  all  other  necessary  rolling  stock  for  cai  ry- 
ing  on  the  business  of  said  railroad. 

§  o.  The  capital  stock  sliall  be  divided  into  .^har»'S  cf^-^''"""' '''<-** 
one  hundred  dollars,  which  shall  be  doenied  personal  j)x;o- 
perty,  and  may  be  issued,  certified,  transferred  and  regis- 
tered in  such  manner  and  in  such  places  as  maybe  ordered 
or  provided  by  the  b(»ard  of  directors,  who  shall  have 
power  to  require  the  [ayment  of  stock  subscriptions,  in 
the  manner  and  at  the  time  jid  place  and  in  such  sums  oS 
they  may  direct ;  and  on  rclusal  or  neglect  on  the  pait  of 
any  stockholder  to  pay  the  calls  on  the  stock  owned  by 
him  or  her,  as  required  by  the  bo^rd  (  f  directors,  the  share 
o)  shares  belonging  to  such  stockholder  may,  after  thirty 
days'  public  notice,  be  sold  at  auction,  under  fucIi  r'llts 
as  tho  directors  may  adopt;  and  if  any  -surpluj  money  re- 
main, after  deducting  the  pr.yment  due  with  interest  and 
nece:?sary  costs  of  sale,  the  same  s!)al!  be  paid  to  th.e  de- 
linquent stockholder. 

§  G.  Each  share  of  stock  on  which  there  sliall  be  no  Privileges  ut 
unpaid  calls  shall  entitle  the  owner  thereof  to  one  vote,  *'^'^''^*''''^'"»- 
either  in  person  or  by  legal  proxy,  provided  that  he  or  she 
shall  have  been  the  buna  fuk  owner  thereof  for  thirty  days 
previous  to  the  day  ot  the  meeting  at  which  such  vote  shall 
be  offered;  and  for  that  purpose  the  owner-hip  of  said  stock 
shall  be  determined  by  tiie  book"  of  tiie  company. 

§  7.  The  board  of  directors  of  said  company  sl'all  con- ^a'"<'  ^i  a\\c<- 
sist  of  seven  persons,  each  one  of  whom  mu^t  be  a  stock- 
holder therein;  and  the  first  board  of  directors  shall  be 
chosen  within  thirty  days  from  the  passage  of  this  act,  and 
shall  hold  their  offices  for  one  year,  and  until  their  suc- 
cessors are  duly  elected  or  appointrd  ;  and  said  hoarJ  of 
directors  shfiJI  elect  one  of  their  ow  n  number  as  president, 
and  shall  ah-o  elect  a  secretaiy  and  a  treasurer,  who  shall 
hold  iheir  offices  as  the  rules  and  by-laws  «'f  said  com- 
j)any  snail  determine. 

$  8.     The  said  company  shall  have  power  to  purchase  Pare;  woof  im.<! 
lands  with  the  stock  '-f  said  company  or  otherwise,  and  to  ^^^ ''^'*^'*"'* 
borrow  money  to  build,  construct  and  equip  said  railreao'; 
and  tj  recure  the  pavmf  nt  of  s;  i  1  iivMuy  ma}  niorf'_r8ge 


185T. 


ISO 


Cit 


tiaOi. 


Tf-T; 


fo«ai>»;..c*. 


tljc  lands,  road  or  otlier  jiroporty  of  said  company,  may 
give  boiui»  on  the  income  tlicreor,  and  may,  by  their  offi- 
cers or  agents  duly  authorized,  sell,  dispose  of  or  nenotii\tc 
such  bon  s.  stocks  or  moit«,'ages  belonging  to  saul  com- 
pany, at  such  times  and  places,  and  at  such  rates,  and  for 
such  prices,  as  in  their  o})inion  will  best  udvance  the  in- 
terests of  said  company  ;  and  if  siicii  bonds,  mortgngrs  or 
stocks  arc  sold  at  a  discount  ?ucli  sale  shall  be  as  valid 
and  binding,  in  every  respect,  as  if  sold  at  ])ar  value.  And 
the  said  company  are  hereby  authorized  to  confer  upon  tiie 
owner  or  holder  of  any  bond  or  mortgage,  issued  as  albre- 
said,  t!ie  right  lo  convert  the  same  intj  the  stock  of  the 
comj)any  :  /'r.niilid,  tlir  stock  thus  issued  shall  not  in- 
crease the  actual  issue  beyond  the  amoiUit  of  capital  neces- 
sary to  Complete  the  said  road  as  before  mentioned. 

§  1'.  The  several  towns,  cities  or  counties  through  or 
near  which  said  road  shall  pass,  m^y  subscribe  for  and  take 
stock  in  this  company  :  Pr<>r/'/e(f,  thai  no  such  subscrij)- 
tion  shall  be  made  unless  a  majority  of  the  legal  voters  of 
said  town,  city  or  county  shall  vote  for  the  same  at  an 
election  to  be  held  under  order  of  the  county  court  in 
cases  of  counties,  and  of  the  corporatt  authorities  in  cases 
of  towns  and  cities. 

§  10.  Said  company  shall  have  j)Ower  to  connect  its 
railroad  wllli  any  railroad  now  constructed  or  hereafter  to 
be  constructed  on  the  line  of  said  road,  in  this  state  or  the 
state  of  Indiana,  on  such  terms  as  said  companies  may 
agree  upon. 

^  li.  Any  other  company  may  connect  a  railroad  from 
the  city  of  Cairo,  or  any  other  p  >ii't  in  either  of  tlui  comi- 
ties of  Gallatin,  Saline,  Hardin,  I'ope,  Massac,  Alexrnder 
or  Pulaski,  with  said  road,  and  have  a  right  to  use  the 
.came,  by  paying  such  sum  as  the  parties  may  agree  upon; 
and  in  case  of  disagreement,  as  to  the  term.s,  the  judge  of 
the  circuit  court  of  either  of  sr.id  counties,  ritting  a<?  chan- 
Ci-dhtr,  shall  dr*ride  ujkxi  the  amuUiit  to  be  pai<I,  on  ])etition, 
to  be  fib-d ;  which  i«liall  be  proceeded  in  according  to  the 
rules  and  j)raciice  that  govern  chancery  proceedings. 

§  12.  riM<i  act  shall  hri  <leemed  a  public  act,  and  is 
hereby  so  dp'lared,  and  r^hall  be  favorably  construed  for 
{til  ptjrpf)<i«!i  lierein  exj-r<s'-«Ml  and  declared  in  all  court.s 
and  pla^TS  whatsoever,  and  Khali  bo  in  force  from  and  i.lter 
it^  pa'iagr, 

Ai'PRovKD  Jan.  ol,  1857. 


187  158 


(. 


AN  ACT  to  incorporate  the  Pari^,  Urabana  and  Blooniington  Rnilroad  Com- Jan-  3i,  1857. 

puny, 

Sectioii  1.  Be  it  enacted  by  the  people  of  the  state  of 
lIlhu/LSyrtp.'vscn/cdvi  the  (Uncral  ^is^cmhhj^  That  Michael 
L.  Sullivan,  Benj.  F.  Juhii<?on,  Matthias  L.  DunIajj,'Johii 
L.  Scrij)i)>,  \Vin.  L.  Church,  Hiram  Sanford,  Milton  M. 
Dill,  James,  Steele,  Wm.  B.  Vance,  John  Campbel],  Lu- 
cius W.  Walker,  Elisha  Uarkness,  Wm.  JN,  Cokr,  Wm. 
Parks,  James  S.  Wright,  John  H.  Thomas,  M.  D.  Coffin 
and  Lewis  Jones,  their  a'soclates,  heirs,  successors  and 
assigns,  be  and  they  are  hereby  created  a  body  corporate, 
by  the  name  and  stylo  of  "The  Paris,  Urbana  and  Bloom- ^'  n""'      »<y''» 

•        1  n     M  1    /-I  5)        -ii  X      1      -I  1  •    1    •       powers  and 

ington  Kailroad  Uompany,  vvitli  powtr  to  l>uud,  maintain  i.riTiiccon  of 
and  use  a  railroad,  from  some  point,  at  or  nerr  Paris,  in  *^'''*'"  "'"• 
Edgar  county,  northward,  vii  Sidney  or  Homer,  or  be- 
tween the  two,  as  the  road  may  be  constructed,  most  con- 
veniently to  Urbana  ar,d  West  Urbana,  all  in  Champaign 
county,  and  from  the  said  W^^st  Urbana,  bj  some  conven- 
ient but  reasonably  direct  line,  to  Blooniington,  in  the 
county  of  McLean,  aad  with  fuJl  power  to  build  a  branch 
railroad,  of  not  more  than  five  miles  in  length,  from  some 
point  on  said  Hue  to  any  accessible  quarry  or  coal  mine, 
near  or  upon  the  Salt  Fork  of  the  Veriiiilion  of  the  Wabash, 
with  power  to  fix  tfte  amount  of  capital  stock,  to  di\ide, 
transfer  and  increase  tiie  same,  at  j)leasure;  to  borrow 
money,  and  pledge  or  ;nortgage  its  property  and  franchises; 
to  condemn,  according  to  law,  lands  necessary  for  the 
track  of  said  railroad  and  brand',  and  for  the  turn-outs, 
side-tracks,  and  sites  for  the  depots,  ei  giiie  houses  and 
other  biiildings  necessary  ior  the  convcniince  and  accom- 
modation of  the  business  of  said  road  and  branch;  to  con- 
solidate its  capital  stock  and  franchises  with  any  other 
railroad  or  coal  mining  company  ;  and  to  contract,  bargain 
and  agree  with  any  party,  railroad  or  coal  mining  company, 
for  the  construction,  use  or  ma'ntenajice  t»f  said  road  ;  and  comraru     ac4 

11       ,      1  ,1    .1  1         •     -i  barKanie     with 

generally  to  have  ail  tiie  j)Owers  and  j)rivileges  nectssary  oiiicr       com- 
to  cairy  out  the  intentions  of  this  act  :  Fruvided^  said  rail-  i"^'"- 
road  shall  be  commenced  within  four  and  finished  within 
eight  years,  (rom.  the  date  of  the  passage  of  this  act. 

$>  2.     That   all  the  rights,  privileges   and   advantages,  R'shu  of^  o>e 
with  the  limitation'^   and   restrictions  conferred  uj^on  the  di-ujer <i.fiLc«i, 
Illinois  Central  Railroad   Company,  so  far  as   applicable, 
are  conferred  upon  the  Pari:>,  Urbana  and  Bloomington 
Railroad  Company. 

§  0.  This  act  shall  be  construed  as  a  public  act,  and 
shall  take  effect  and  bo  in  force  from  and  after  its  passage. 

Approvkd  Jan.  iil,  18.37. 


1«»57.  188 

■       J     :i<j7.     AX  ACT  to  clianj^  tho  narao  of  EJg;u  R.  Robiiis  to  Eilgiu-  K.  Mour.^o,  aiul 
■''-  ">'-*  n»jnc  of  James  Johnson  to  J;uncs  C.  Johasou,  oi  ^o  Da- 

SrcTiox  1.  y?e  it  f):ac/ed  hy  the  pcopU  tf  the  state  of 
Ilfinuis,  -epreyen/er/  in  the  Genercd  .issenl'^ly,  That  tlio 
»«-#  di»nst>i  "*'"^  ^*  Edgar  R.  Robins  be  nrul  the  same  is  lieroby 
changed  to  Ed^ar  R.  ^ronroe  :  .Jiul  it  is  fur/A,  r  cnacfcdy 
rh:\t  t'le  SAiJ  Edfr.r  R.  Monroe  be  and  is  hereby  made  an 
l.oir  at  law  of  W.lliuv  M  Miroo,  of  Piatt  county,  Ulinoi.^ 

^^  2.  That  the  name  of  Ja'nes  Johnson,  of  Jo  Daviess 
county,  be  changed  to  that  of  James  C.  Johnson. 

Approved  J-\n.  31,  1S')T. 


j*a  »i,  isyj.      AN  ACT  to  rciluce  the  law  iiicorpuraliiip  tho  city  of  Jt  liot  aiul  Ihe  several 
ac'f  ametulatory  tborcof  into  oi.e  i\"t,  uud  to  aiiipml  Ihe  spmv.-. 

CuAVTrn  I.— C/'i/  ami  Ward  JiOinuhn ies. 

Section  1.     Be  it  niar/eit  hy  tlie  people  vj  the  state  of 
lUinti^,  represented  in  the   GeneJ'al  ^'hse^nhlij^  That  the 

B-:nn.!»  f.  tiistrlct  of  counirv,  in  tlie  county  of  Will,  in  tlie  state  of 
lllinoi'!,  dt.si.iih.Ml  as  roliowf:,  to  wi^  :  Ali  of  sections  !iine, 
ten,  fifteen  au(t  sixteen,  in  township  thirty-live  north,  of 
ranc;i'  ten  i  ast  of  the  third  principal  meridian,  except  the 
east  half  of  the  east  half  of  section  ten  (10,)  and  the  east 
half  of  the  east  half  and  the  southwi^it  quarter  of  tiie  south- 
east qiiiirter  of  section  fifte^^n  (1.),)  is  herel)y  erected  into 
a  city,  by  the  name  of  the  **City  ot  J(diel.'' 

^*:ic.t --irj^iri-       §   -.      The  iiihabilfuts  of  sai<i  rity  shiill  be  a  corpoi  ation, 

"^  by  the  ni.me  of  the  "City  of  Joliet,*'  and  by  that  name  may 

s;»e  anU  be  "^iied,  complain  and  delem'  in  any  coui  t;  have  and 

itm.  use  a  rnmurnri  scai,  and  alter  the  same  at  pleasure,  and  take, 

pui  d,  It-a^Jt  and  ronvi-y  snub  real  and  personal 

or  i;  and  ptop'.  ity  as  the  pur[)oseR  of  the  cor- 

poration may  rt'quire,  vitfiin  <jr  without  the  limits  afore- 
seid. 

yr»:u.  S  3.     The  z\)  of  Joliet  shall  be  dividi  d  into  six  waids,  as 

follows : 

FufivftN  First  /fV;rrf— Shall   be   bound(  d  as  follows:  Beginning 

at  the  nortlu'art  cornir  of  the  '-ity,  and  riinninfr  south  alunjj 
the  eiistifn  boundary  tliLreof  to  the  southeast  corner  of 
•  aid  city,  thence  We.«t  along  the  frouthern  boundaiy  of 
!  -  to  the  centre  line  of  ^irtion  fifv<'n  (l-'O  thenco 
.>ng  the  cf'nlre  line  f»l  ;  .lid  .section  to  the  centre  of 
i'litn  avenue;  thence  wtU  alr)ng  the  centre  of  naid  Kiflli 
avenue  to  the  cr'itn-  (if  Ea.^tern  uvonu'-j  thence  north- 


189  1857. 

easterly  along  tlie  centre  of  said  Eastern  avenue  to  tliecer- 
tio  of  OsiTood  street ;  tln.'nct,  west  aionfj  tiic  centre  of  said 
Osgood  {»lreet  to  tlie  centre  of  IMatteson  street;  thence 
north  along  tlie  centre  of  said  Matieson  street  to  the  cen- 
tre of  Washington  street ;  thence  east  along  tlie  centre  of 
said  Washington  street  to  the  centre  (  f  jNIichigan  street  ; 
thence  north  along  the  centre  of  said  Michigan  street  to 
the  centre  of  Benton  street  ;  thence  west  along  tlie  centre 
of  said  Benton  street  to  the  centre  of  Dcs  Plaines  river; 
thence  north  along  the  centre  of  said  river  to  the  northern 
boundar}'  of  said  city  ;  thence  east  along  the  northern 
boujidary  of  said  city  to  the  place  of  beginning. 

Second  JVatd — Shall  he  bounded  as  follows;  Com- seconawar.i. 
mencing  at  a  point  in  the  northern  boundary  of  said  city, 
in  the  centre  of  Des  Plaines  river  ;  thence  southerly  along 
the  centre  of  said  river  to  the  centre  of  Spring  street; 
thence  westerly  along  the  centre  of  Sjjring  street  and  con- 
tinning  in  the  same  direction  to  the  centre  of  the  }dank 
road  of  the  Oswego  and  Indiana  Plank  Road  Company  ; 
thence  along  the  centre  of  said  plank  road  to  the  north- 
west corner  of  said  city ;  thence  east  on  the  section  line 
to  the  place  of  beginning. 

Third  JV(:rd — Shall  be  bounded  asfollow.^:  Commencing  rhirdward. 
at  a  point  in  the  ci  ntre  of  Spring  street,  in  the  centre  of 
Des  Plaines  river;  thence  southerly  along  the  centre  of 
said  river  to  the  centre  of  Exchange  street ;  thence  west- 
erly along  the  centre  of  Exchange  street  to  the  western 
boundary  of  said  city  ;  thence  north  on  said  western  bound- 
ary to  the  northwest  corner  of  said  city;  thence  along  the 
soutliern  boundary  of  the  second  ward,  to  the  place  of  be- 
ginning. 

Fourth  TFard — All  that   portion  of  said   city  lying  be-  Feunh  war.i. 
tween  the  centre  of  Benton  street  and  the  centre  of  Wash- 
ington street,  west  of  the  centre  of  Michigan  street  and 
east  of  the  centre  of  the  Des  Plaines  river,  shall  constitute 
the  fourth  ward  of  said  city. 

Fifth  Ward — Shall  be  bounded  as  follows  :  Commencing  Finh*»rd. 
at  a  point  in  the  centre  of  Washington  and  Matteson  streets; 
thence  south  along  the  centre  of  Matteson  street  to  the 
centre  of  Osgood  street;  thence  east  along  the  centre  of 
O'^good  street  to  the  centre  of  Eastern  avenue;  thence 
southerly  along  the  centre  of  Eastern  avenue  to  the  cen- 
tre of  Fifth  avenue  ;  thence  east  along  the  centre  of  Fifth 
avenue  to  the  centre  Htic  of  section  fiiteen  (!•>;)  thence 
soutli  along  said  line  to  the  :out!>ern  boundary  of  said  city  ; 
thence  west  along  the  soutlnrn  boundary  to  the  centre  of 
the  Des  Plaines  river;  thence  northerly  along  tlie  centre 
of  said  river  to  the  centre  of  Washington  street;  thence 
east  along  the  centre  ol  Washington  street  to  the  place  of 
beginning. 


1857. 


100 


0;her  oA:«r*. 


r..,':.ir. 
::.vcf. 


Stx/h  Jl'iin/ — All  tliat  portion  of  section  (1(>)  ly'Jig  west 
01"  the  Dcs  Plaiuo"?  rivor,  ;incl  alltluit  portion  ot  section  (0) 
lying  west  i.f  the  Dts  Plainer  river  aiul  south  of  Excliaiige 
street,  shall  constitute  the  sixth  ward  of  said  city. 

Chapter  II. — Oll/inrs — Their  Klvction  aiitl  ^9ppoinf/ncnL 

§  1.  T!ie  munieip.il  government  of  *hr  city  shall  con- 
sist of  a  common  council,  composed  of  the  mayor  and  two 
aldermen  from  each  ward.  The  other  officers  of  the  cor- 
poration shall  be  as  follows  :  marshal,  a  clerk,  an  attorney, 
a  treasurer,  a  hoard  of  school  inspectors,  a  board  of  healtli, 
one  ciiief  and  a  first  and  second  asssistant  engineers  of  the 
fire  department,  one  or  more  collectors,  one  or  more  sur- 
veyors, one  street  commissioner,  one  assessor,  one  or  more 
iiealth  officers,  three  juiiges  of  elections  in  each  ward,  one 
constable  fr^m  each  ward,  and  as  many  firemen,  fire  war- 
dens, policemen,  watchmen,  sealers  of  weights  and  meas- 
ures, inspectors,  ireasurcrs,  weight  rs,  gangers,  sextons  or 
keepers  of  burial  grounds,  and  sueh  other  officers  and 
agents  as  the  common  council  may,  fiom  time  to  time,  di- 
rect and  appoint. 

5*  2.  An  election  siiall  be  held  in  each  of  the  wards  of 
said  city  on  the  first  Tuesday  of  March,  in  each  year,  at 
such  place  as  the  common  council  may  iijjpnint,  and  of 
which  six  days  previous  public  notice  shall  be  givVn,  in 
written  or  printed  notices,  in  three  public  places  in  each 
ward,  by  the  city  clerk;  all  general  elections  shall  be 
holdeik  ij«  each  ot  the  wards  of  the  city  at  the  places  of 
holding  the  city  elections,  and  by  il.v^  judges  apj)oin(ed  by 
the  common  council.  All  i:i«h  elections  shall  be  conducted 
and  returns  made  as  provided  bylaw  for  general  elections, 
and  electors  of  the  town  of  Jolict  shall  be  authorized  to 
vote  at  any  ward  in  said  city  at  sucli  general  elections  and 
town  meetings. 

J  n.  At  the  annual  (dectlon  there  siiall  be  elected  by 
the  qualified  voters  ot"  -aid  cty  a  mayor,  marshal,  police 
magistrate,  city  treasurer,  assessor,  collector,  street  com- 
miinioner,  ittorney  and  surveyor,  and  the  person  having 
the  highfst  number  of  votes  in  the  whole  city  for  either  of 
5uch  offi'-es  shall  b«  declared  elected.  At  the  same 
time  Ml'  ••l»-.;tors  in  their  respective  w.irds  shall  vote  for 
on»?  aldrrman  and  one  police  constable,  ami  the  persons 
receiving  the  highct  number  of  votes  cast  in  the  wards  for 
fucti  officpi  rfsp»'ctively  shall  be  declared  elect(Ml. 
iKMf  'ac*r«  §  1.  The  officers  »-h;cled  by  the  peoplo  under  this  act 
ut  »^  (except  aldermen  and  sdiool  inij)ectors)  KJiall  respectively 
hold  their  offices  for  one  year  and  until  the  election  and 
qualification  oJ  their  ujcce.ssors,  re.'pectivel}  .  All  other 
officers  mentioned  in  this  act,  (except  aldermen,  firemen 


fl^«  CdOuO-tftl. 


-,-.U-i  •AUO.iU 


191  1857. 

and  scliool  inspectors.)  and  not  otherwise  specially  pro- 
vided for,  shall  he  appointed  by  t!ie  common  council,  by 
ballot,  on  tho  second  ruei^day  of  Marcii  in  each  year,  or 
as  soon  thereafter  as  may  be,  and  respectively  continue 
in  office  one  year  and  until  tlin  aj)pointment  and  qualifica- 
tion of  their  successors.  But  the  con»iuu:i  council  may 
specially  authorize  the  appointment  of  watchmen  by  the 
mayor  or  marshal,  to  continue  in  office  during  the  pleasure 
of  liie  common  council:  Frocidid,  the  mayor  or  marshal 
may  be  authorized  by  the  common  council  to  remove  for 
good  cauie.  Officers  elected  orapponted  to  fill  vacancies  vacancies, 
shall  respectively  hoM  for  the  unexpired  term  only,  and 
until  the  election  or  aj)pointmcnt  and  qualific^ation  of  their 
successors. 

§  5.     The  several  wards  in  the  city  shall  be  respectively  ■^iJ«"uen. 
represented  in  the  couimon  council  by  two  aldermen,  who 
shall  be  residents  uf  sucii  wards,  and  inld  their  offices  le- 
])ectively  for  two  years  from  and  after  iheir  election,  and 
until  the  election  and  qualification  of  their  successors.  They 
shall  be  divided  into  tw(*  classes,  consisting  of  one  alderman  ciiisfcd. 
from  each  ward,>o  that  one  from  eacii  ward  may  be  annually 
elected.      The  first  class  shall  be   elected  at  the  annual 
election  in  March  next,  and  be  successors  to  the  members 
of  the  present   common  council,  who  were  elected  on  the 
first  Saturday  in  April,  185').     The  second*  class  shall  be 
elected  at  the  regular  municipal  election  of  185S,  and  suc- 
ceed those  jnembers  who  are  entitled  to  hold  over  one  year 
after  the  next  election.     The  members  of  each  class  here- 
after elected  shall  respectively  continue  iu  office  two  years. 
If  from  any  cause  there  shall  not  be  a  quorum  of  aldf;rmen,  vacaner,     low 
the  clerk  shall  appoint  the  time  and  places  for  holding  a    ^"'''" 
special  election  and  appoint  judges  thereof  if  necessary. 
If  any  alderman  remove  from  the  ward  represented  by  him 
his  office  shall  thereby  become  vacant. 

§  0.  If  from  any  cause  the  officers  herein  named  shall  ?>>weiixtiun. 
not  be  appointed  on  the  second  Tuesday  in  March,  the 
common  council  may  adjourn  from  time  to  time,  until  such 
appointments  sliall  be  made.  If  theie  should  be  i  failure 
by  the  people  to  elect  any  officers  herein  required  to  be 
elected,  the  common  council  may  forthwith  order  a  new 
election. 

§  7.  Every  person  appointed  ti>  any  office  by  the  com-  omrcrs  may  %« 
raon  council,  or  elected  to  any  office  by  ihe  people,  may 
be  removed  from  sucli  office  by  a  vote  of  two-thirds  of  all 
the  aldermen  autliorized  by  law  to  be  elected;  but  no  offi- 
cer shall  be  removed  except  for  cause,  nor  unless  first  fur- 
nished with  the  charge  against  him,  and  be  heard  in  his 
defence,  and  the  common  council  shall  have  power  to  com- 
pel the  attendance  of  witnesses  and  the  production  of  pa- 
pers when  necessary  for  the  purposes  of  such   trial,  and 


1357.  li>2 

shail  pro;*,  ".a  .^luiiu  ten  days  to  hear  and  deterinliie  upon 

thf  merits  of  the  case,  and  if  such  oHiccr  sliall  neglcot  to 

r  .>.nd  answer  to  stich  charge  then  the  ooinmon  coun- 

1 1)  ueolare  t!»e  office   vacant:   Pi\>vtiicd^  this  section 

shall  not  be  deemed  to  apply  to  any  otficor  appointed  by 

.3  ccjcrii  the  common  cauncih    Snch  ofticer  maybe  removed  at  any 

■'*  ''^'^*"      time  by  a  '.  ote  of  two -thirds  as  aforesaid,  in  tlic  discretion 

cf  the  council       But   aiiy  oilicer  may   be  suspended  until 

the  disposition  of  cliarges  when  preferred. 

§  8.  Whenever  any  vacancy  .sliall  iiappen  by  the  death, 
remo\  al,  resignation  or  otherwise,  of  any  olhcers  elected  by 
the  people,  sucli  vacancy  shall  he  hlled  by  a  new  election, 
ttnd  tlie  common  council  shall  order  such  new  election  with- 
in ten  davs  af'er  the  'r\jipening  of  such  vacancy.  Any  va- 
cancy accrtiinir  by  the  death,  removal  or  resignation  or 
otherwise  of  any  officer  authorized  to  be  appointed  by  the 
common  council,  may  be  filled  by  appointmentof  the  coun- 
cil, but  no  special  election  shall  be  held  to  fill  vacancies, 
(except  major  and  aldermen)  if  less  tlian  six  months  of  the 
term  ia  unexpirtd. 
v..^  r  cf       ^  1».     All  citizens  of  the  United  States  qualified  to  vote 

"^^  at  any  election  held  under  this  act   shall    be    qualified  to 

hold  any  otlice  created  by  this  act,  but  no  person  shall  be 
eligible  to  any  office  or  place  under  this  or  any  other  act 
in  relation  to  said  city,  who  is  now  or  may  hereafter  be  a 
det'iuller  to  said  city,  or  to  the  state  of  Illinois,  or  any 
couiity  thereof;  and  any  person  shall  be  considered  a  de- 
faulter who  has  refused  or  neglected,  or  may  hereafter  re- 
fuse or  neglect,  for  thirty  days  after  demand  made,  to  ac- 
count for  and  })ay  over  to  the  party  authorized  to  receive 
the  same  any  public  money  which  may  have  corny  into  his 
possession,  as  yuch  officer.  And  if  any  person  holding 
any  such  office  or  place  shall  become  a  delaulter  whilst  in 
oince  the  office  or  place  shall  thereupon  become  vacant. 
T.«»>«-  §  \{),     When   two  or   more  candidates  for  an  elective 

office  shall  liave  an  e<jual  nuujber  ol  votes  for  the  same 
office,  t!iP  election  shall  he  <letermined  by  the  costing  of 
lots  in  the  presence  of  th«:  common  counfcil. 

§  11.  The  manner  of  conducting  and  voting  at  elec- 
tions  to  be  held  under  this  act,  and  contesting  the  same, 
the  keeping  of  the  poll  lists,  canvassing  the  votes  and 
certif}ing  the  returns,  shall  be  the  same,  as  nearly  as  may 
be,  as  i.«t  now  or  may  lureafter  be  provided  by  law  at  gen- 
eral state  elcetions  :  Prui  uleUy  the  common  council  shall 
ij  have  power  te  regulate  elections.  The  voting  shall  he 
done  by  ballol,  and  the  judges  of  elections  shall  take  tho 
same  oath  and  have  the  same  power  and  authority  as  judges 
of  g'^nrral  el'M  tiouft.  Alter  the  closing  of  the  polls  the 
balh*««  'hal!  b«  roiinte<l  in  the  ma.iner  rerpiired  by  law, 
and  the  returni  i^liall  be  returned  sealed  to  the  city  clerk, 


of    «-«|>- 


Xvi»    to   t» 


103  1S57. 

witliin  three  da)  s  ;ifler  the  election,  and  thereupon  the  com- 
mon council  5^!k]1  meet  and  canvass  tlie  siiinp,  and  declare 
tlie  results  of  the  election.  It  s!ial'  be  the  duty  of  the  clerk  ^'<'rk  to  notify 
to  noiiiy  all  persons  elected  oi  appoiuteU  to  omre  ot  their  ^r  apixioUMi. 
election  and  appointment  witliin  five  days  (hereafter,  and 
unless  such  persons  shall  resj)ectivily  qualify  within  ten 
days  after  -juch  notite  the  cffice  sliall  become  vacant. 

§  12.  No  per-^on  shall  be  entitled  to  vote  at  any  elec-  cn«!incaiion  <.t 
tion  under  this  act  who  is  not  entitled  (o  vote  at  state 
election^,  and  hasnotbeen  ii  resident  of  said  city  at  least  six 
months  next  preceding  the  election;  he  shall  moreover  have 
been  an  actual  resident  of  the  ward  in  which  he  votes  for  ten 
day»j)revious  to  the  election,  and  if  required  by  any  person 
qualifitd  to  vote  thereat  shall  take  the  following  Oi'th 
before  he  is  permitted  to  vote  :  Provided^  that  s\^c\\  voter  Prcviw. 
shall  be  deemed"  a  resident  of  the  ward  in  which  he  is  ac- 
customed to  lodge:  *'I  swear  (or  affirm)  that  I  am  rf  the  f'"^*' 
age  of  twenty-one  jears,  that  1  am  a  citizen  of  the  United 
States,  or  was  a  residej.t  of  this  state  ut  the  time  of  the 
adoption  of  the  constitution  and  have  been  a  resident  of 
tliis  state  one  year  and  of  this  ciiy  six  montlis  next  prece- 
ding tliis  election,  and  am  riow,  and  have  been  for  the  la«^t 
ten  dayi  a  resident  of  tliis  ward,  and  have  not  lotej  at  this 
election."  And  any  person  swearing  falst  ly  shall  bn  deem- 
ed guilty  of  the  crime  of  perjtiry,  and  on  conviction  rhall 
be  punished  as  is  now  or  hereafter  may  be  provided  by 
law. 

§  13.     Any  person  entitled  to  vote  at  any  election  held  P<^rftn5  exempt 
under  this  act  sliall  not  be  arrested  on  civil  piocess  with-    j;lv«r'eicctiu*D, 
in  said  city  upon  the  tlay  on  which  sai  1  election  is  held, 
and  all  persons  illegally  voting  at  any  election  under  this 
act  shall  be  pnni;j!iable  according  to  the  laws  of  this  state 
in  reference  to  general  elections. 

Chapter  III. — Poicers  and  Duties  f>f  Officers. 

§  1.  Every  person  chosen  or  appointed  to  an  execu- o.uh  or  cibco. 
tive,  judi'^ial  or  administrative  office  under  this  act,  shall, 
before  he  enters  o!i  the  duties  of  his  office,  take  and 
subscribe  the  o:ith  of  office  prescribed  in  tjje  constitution 
of  this  state,  and  file  the  same,  duly  certified  by  the  officer 
before  whom  it  was  taken,  with  the  clerk  of  the  city. 

§  '1.  The  mayor  shall,  before  he  enters  upon  the  duties  osiu or nuror. 
of  his  office,  in  a«lditi«>n  to  the  usual  oath,  swear  or  affirm 
tliat  lie  will  devote  so  much  of  his  time  to  the  duties  othis 
office  as  an  efficient  and  faithful  discharge  thereof  ma)'  re- 
quire. He  shall  preside  over  the  meetings  of  the  common  ontiei  of. 
council,  and  take  care  that  the  laws  of  the  state  and  the 
ordinances  of  the  city  are  duly  enforced,  respected  and 
observed,  and  that  all  other  executive  officers  of  the  city 
—35 


1857.  104 

ciscliarge  their  respective  duties.  He  shall,  from  time  to 
time,  t;ive  the  common  coiuioil  such  information  and  re- 
ci'miiu-nd  such  measures  as  he  may  dtoji  advantMgeous  to 
the  oily.  All  ortliaanoes,  orders  and  resolutions  shall,  he- 
lore  they  take  etiect,  be  placed  in  the  office  of  the  city 
clerk,  and  if  the  mayor  approve  thereof  he  shall  sign  the 
same,  and   such  as  he  shall  not  sign  he  shall  retvirn  to 

Tcu.  the  common  council  with  his  objections   thereto.     Upon 

tiiC  return  of  any  ordinance  or  resolution  by  the  mayor  tlie 
vote  by  which  the  same  was  passed  shall  be  reconsidered, 
and  if,  after  such  reconsideration,  a  majority  of  all  the  mem- 
bers elected  to  the  comnun  co'incil  shall  agree  by  ayes 
and  noes,  which  shall  be  entered  o{  record,  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 
jvcriod  than  three  days  alter  the  same  be  placed  in  tho 
clerk's  olhce  as  afores  lid,  the  same  shall  go  into  effect. 
Tlie  mayor  shall  likewise  have  power,  e.v  oj/icwy  to  ad- 
minister any  oath  required  to  bo  taken  by  this  act. 

A-tine     ni»yor      §  o.     In  casc  of  u  vacaucy  in  the  office  of  mayor  or  of  his 

ni»j  »ppo  -  ij^jj^g  liuable  to  perform  the  duties  of  his  office,  b}'  reason 
of  temporary  or  continued  absence  or  sickness,  the  com- 
mon council  shall  appoint  by  ballot  one  of  their  number 
to  preside  over  their  meetings,  whose  official  designation 
shall  be  "acting  mayor,"  and  the  alderman  so  appointed 
shall  be  Vested  witli  all  tlie  powers  and  peform  all  the 
duties  of  mayor  until  he  shall  resume  his  office,  or  the  va- 
cancy be  filled  by  a  new  election. 

caoim.a  cooncii       5  4.     Thc  mcmbcrs  of  the  common  council  shall  be  fire 

jViTUu'y.  '''*"  wardens  and  conservators  of  the  peace,  and  shall  be  ex- 
empt from  jury  duty  and  labor  on  the  highways  during 
their  term  of  office. 

Doir  of  clerk.  §  6.  Thc  clerk  sliall  keep  the  corporate  seal  and  pH 
papers  belonging  to  said  city  and  make  a  record  of  the  pro- 
ceedings of  the  common  council,  at  whose  meetings  it  shall 
be  his  duty  to  attend,  and  copies  of  all  papers  duly  filed 
in  his  office,  and  transcripts  from  tlie  records  of  the  pro- 
ceedings of  the  common  council,  certified  by  him  under 
the  corporate  seal,  shall  he  evidence  in  all  courts  in  like 
manner  as  if  the  original  were  ])roduced.  If<i  shall  like- 
wise draw  all  warrants  on  the  treasury  and  keep  an  ac- 
curate account  thereof  in  a  book  to  be  provided  for  that 
purpose;  he  shall  als .»  have  power  to  administer  any  oath 
requisite  to  be  taken  by  this  art 

t%tr  of  ctty 


t'/nf. 


rcquifliie  lo  nc  lanen  uy  iiiis  ari. 
»u  ^  0.  It  shall  be  the  duty  of  the  city  attorney  to  nerform 
all  profe.isional  services  incident  to  tlie  c»ffioe,  and  when 
required  furnidi  written  opinions  upon  subjects  submitted 
to  hini  by  the  mayor  or  the  common  council  or  its  com- 
mittees. 


195  1857. 

§  7.  The  treasurer  shall  receive  all  moneys  belonging  Du'r  "'  ireatur- 
to  the  city  and  keep  an  accurate  account  of  all  its  receipts 
and  expenditures  in  such  manner  as  the  council  may  di- 
rect. All  money  shall  be  drawn  from  tlie  treasury  in  pur- 
suance of  an  order  from  the  common  council,  by  warrant 
signed  by  the  city  clerk  :ind  countersigned  by  the  m.iyor. 
Such  warrant  shall  specify  for  what  purpose  the  .luiount 
specified  therein  is  to  be  po.id.  The  treasurer  shall  ex- 
hibit to  the  common  council,  at  least  fifteen  cays  before 
the  annual  election  i.>f  each  year,  and  oltener  if  required, 
a  full  and  detailed  account  of  all  receipts  and  expen- 
ditures after  the  date  of  the  last  annual  report,  and  also 
of  the  state  of  the  treasury;  which  account  shall  be  filed 
and  kept  in  the  office  of  the  clerk. 

§  8.  The  marshal  shall  perform  such  duties  as  shall  be  Duty  of  ma«b«i. 
prescribed  by  the  common  council,  for  the  preservation  of 
the  public  place,  the  collection  of  license  money  and  fines, 
or  otherwise  ;  he  shall  possess  the  power  and  authority 
of  a  constable  at  common  law  and  under  the  statutes  of 
this  state,  and  receive  like  fees,  but  rhall  nut  serve  civil 
process  without  first  entering  uito  bonds  as  such  constable, 
to  be  approved  by  the  common  council  as  in  other  cases. 

§  *J.  The  city  surveyor  or  surveyors  shall  have  the  sole  onty  of  enrrey- 
power,  under  the  direction  or  control  of  the  common  coun- 
cil, to  survey  within  the  city  limits,  and  he  and  they  shall 
be  governed  by  such  rules  and  ordinances,  and  receive 
sucli  fees  and  emoluments  for  his  or  their  services  as  the 
common  council  shall  appoint  and  direct;  he  sha  1  possess 
the  same  powers  in  making  surveys  and  plats,  within  the 
city,  as  is  given  by  law  to  county  surveyors,  and  the  like 
effect  and  validity  shall  be  given  to  his  acts,  to  all  plats  and 
surveys  heretofore  or  hereafter  made  by  any  such  survey- 
or as  are  or  may  be  given  by  law  to  the  acts,  plats  and 
surveys  of  county  surveyors. 

§  10.     It  shall  be  the  duty  of  the   Collector  or  collect-  Dutyofooiiecior. 
ors  to  collect   all  taxes   and   assessments   whicli    may  be 
levied  by  said  city,  and  perform  such  other  duties  as  are 
herein  prescribed  or  ordained  by  the  common  council. 

§  11.  The  assessor  shall  perform  all  the  duties  in  re-  Dnt/ of  as.«*«Mr. 
lationto  the  assc-^smont  of  property,  for  the  purpose  of  levy- 
ing taxes  imposed  by  the  common  council.  In  thepeform- 
ance  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  his  assess- 
ment roll  and  lu'.ving  revised  and  corrected  tlie  same,  he 
shall  sign  aud  rt-turn  the  same  to  the  common  council. 

§  12.     It  shall  be  the  duty  of  the  street  commissioner  street   ct,nijnit- 
to   superintend   all  local   improvements  in  said   city  and 
carry  into  effect  all  orders  of  the  common  council  in  re- 
lation thereto,  and  be  subject  to  such  duties  and  governed 


1857.  l^^C 

by  such  regulations  as  now  are  or  herenfter  may  be  pro- 
vided by  ordinance. 

comuiictosie      §  l-^-     Every  person  appointed  or  elected  to  tlic  office 

*****  of  constable  sliali,  before  iie  enters  upon  the  tluti«>s  of  bis 

olfice,  witb  two  or  more  sureties  to  be  approved  by  tlie 
common  council,  execute  in  presence  of  tbe  clerk  of  tbc 
ciiy,  an  inbtrumeiit  In  writing,  by  wliicb  sucb  constable  and 
seturities  sball  jointly  and  severally  agree  to  pay  to  each 
and  every  person  who  may  be  entitled  tliereto,  all  such 
sums  of  money  as  tbe  f-.^id  constable  may  be  liable  to  j)ay 
by  reason  or  on  account  of  any  summons,  execution,  dis- 
tress warrar.t  or  other  process  which  sball  be  delivered 
to  liim  for  collection,  i  .he  clerk  shall  certify  the  appro- 
val of  tiie  common  council  on  such  instrument  and  file  the 
same  ;  and  a  copy  certified  by  the  cleik,  under  the  cor- 
porate seal,  shall  be  presumptive  e\idence  in  all  courts  of 
the  execution  thereot  by  such  constable  and  his  securities, 
and  all  actions  thereon  sliall  be  prosecuted  within  two 
years  after  the  expiration  of  the  year  lor  which  the  con- 
stable named  therein  shall  have  been  r.jipointed  or  elected, 
and  may  be  brou«^ht  in  the  name  of  the  person  or  persons 
entitled  to  the  money  collected  by  virtue  ol  such  instru- 
ment cr  process  ;  and  every  constable  so  elected  or  ap- 
pointed shall  have  the  same  duties  and  penalties  in  said 
city  and  in  the  county  of  Will,  and  receive  the  same  fees 
as  are  now  or  may  be  hereafter  provided  by  law  for  other 
constables. 

OomiDco  o-    .1       ^  14.     The  common  council  shall  have  power,  from  time 
tanber  'duuM  to  time,  to  require  further  and  oth(  r  duties  of  all  cfficers 

ofoocnt.  whose  duties  are  herein  prescribed,  and  j)rcscribe  the 
powers  and  duties  of  all  officers  appointed  cr  elected  to 
any  office  under  tiiis  t»cf  whose  duties  arc  not  herein  spe- 
cifically mentioned  and  fix  their  compensation;  they  may 
also  r«  quire  bonds  with  surttiej  to  be  ap[)roved  by  thera, 
to  be  i^iven  to  (he  city  of  Joliet,  by  all  officers,  for  the 
faithful  performance  of  tiieir  duties. 

ctuin  oeh-^f*  ^  l'>.  The  treas'irers,  collectors,  marshals  and  street 
r^ir«du>tiv*  commissioners  sJiall  severa'ly,  before  they  enter  on  the 
duties  of  tticir  respective  offices,  execute  bonds  to  the  city 
of  Joliet,  in  such  sums  and  with  such  sureties  as  the  com- 
mon council  pliall  approve,  conditioned  that  they  will 
failitfnlly  exectite  the  duties  of  their  offices  and  account  for 
end  pay  over  all  moneys  and  other  j)r<iperty  received  by 
theUi;  which  bonds,  with  the  a])pro\  al  of  the  common 
council  certified  thereon,  by  the  clerk,  shall  be  filed  by  the 
rlerk. 

Oiiiatmtmuf  &  1(3.  The  common  council,  at  their  annual  meetinff,  on 
the  second  Tuesday  ni  Mareh,  in  each  yenr  or  witlim  not 
to  exceed  thirty  da)S  thereafter,  shall  designate  one  pub- 
lic iiew3]>8per  prictvd  in  said  city,  in  which  shall  be  pub- 


197  1857. 

lished  all  ordinances  and  other  procccdino:"  and  matters 
required  in  any  case  by  this  act  or  by  the  laws  ai\d  ordi- 
naces  of  tlie  common  council,  to  be  publifhed  in  a  public 
newspaper. 

5  17.     If  any  person  having  been  an  officer  in  said  city  ponaiiyfor  fnii- 

^      -        -  •'    '-  -  -  ^-  --  .  -  ^      ...~    .-    deliver 


who  shall  not,  wiliim  ten  days  after  notification  and  request,    e,',"ci'r  v^  om- 

ccm   to   iiuci.e»- 

•  U.S. 


deliver  to  hif  succt'S'Jor  in  olfice  all  the  property,  pa]iers 
and  effects  of  every  description  in  hi."'  poss.  ssiou  br^longint; 
to  said  city  or  appertainin<;;  to  the  office  he  litdd,  he  .shall 
forfeit  and  j)ay  for  the  use  of  the  city  one  hundred  dollars, 
besides  all  damages  caused  by  his  neglect  or  refusal  so  to 
deliver;  aial  such  successor  shall  and  may  recovei  pos- 
session of  the  books,  papers  and  other  documents  apper- 
taining to  his  office  in  the  manner  prescribed  ])y  the  laws 
of  tliis  state. 

§  1^5.     All  persons  elected  or  appointed   under  this  act  onrer«    to  i« 
to  the   office   of  clerk,  marshal,  attorney,  treasurer,  col-    «=^'"""*"<»'"'- 
lector,  assessor,  surveyor,  street  commissioner  or  consta- 
ble shall  be  commissioned  by  warrant,  under  the  corporate 
seal,  signed  by  the  mayor  or  presiding  (pfficer  of  the  com- 
mon council  and  clerk. 

Chapter  IV — Of  the  Cojnmon  Council — Us  General  Putv- 
crs  and  Duties. 

§  1.  The  mayor  and  aldermen  shall  constitute  the  com-  p.  wpr-fcomnsoti 
raon  council  of  said  city.  The  coiuicil  shall  meet  at  '^'"""^^** 
such  times  and  places  as  they  shall  by  resolution  or  by 
ordinance  prescribe.  The  mayor,  when  present,  shall 
preside  at  all  meetings  of  the  common  council  and  shall 
have  only  a  casting  vote.  In  his  absence  any  one  of  t!;e 
aldermen  may  be  appointed  to  preside.  A  majority  of  the 
members  elected  as  aldermen  shall  constitute  a  quorum. 

§  1.     No  member  of  the  common  council   shall,  during  Members nf  ..wi- 
the period  for  which  he  was  elected,  receive  any  compen-    "^'°,*^""e'.'om- 
sation  for  his  services  or  be  appointed  to  or  be  competent   pensauon. 
to  hold  any  office  of  which  the  emoluments  are  paid  from 
the    city  treasury  or  paid  by  foes  directed   to  be  paid  by 
any  act  or  ordinance  of  tin  common  council,  or  be  direetly 
or   indirectly  interested   in  any  contract   the  expenses  or 
consideration  whereof  are  to  be  paid  under  any  ordinance 
ofthe'common  council. 

§  ;J.  The  common  council  shall  hold  stated  meetings, 
and  the  maj-oror  ai^y  two  aldurmen  miy  call  special  meet- 
ings of  the  common  council  by  written  notices  to  each  of 
the  members  of  said  council,  served  personally  or  left  at 
their  places  of  abode.  Petitions  and  remonstrances  may 
be  pres?nted  to  the  conrnijn  council,  and  the  eoinmon 
council  >\'i\\  determine  t!ie  rtiles  of  its  own  procei  dingf? 
and   be  the  j'ldge  of  the  election  and  qualifications  of  its 


1857. 


198 


FW«iUi:.nj. 


Gtsutii:- 


liqu  -r-  n>>t  lobe 
ttireo  aw«T. 


To  cfc.Mrea. 


Ctnotinf. 


mitikid  UM«x. 


B'rkinea 


Asm 


ni«k«o. 


tfciv*. 


wl 


own  member.''  anil  have  power  to  compel  the  attendance 
ol  absent  members  ami  any  of  the  otHcers  of  the  city. 

§  4.  The  common  coiiiicil  shall  have  the  management, 
disposition  and  control  of  the  finances  and  all  the  pro- 
perty, re;il,  personal  and  mixed,  belonging  to  tlie  corpora- 
tion, and  siiall  likewise  have  power,  within  the  jurisdic- 
tion of  the  city,  by  ■>rdinanee: 

First — To  prevent  and  punish  forestalling  and  regrating, 
and  to  prevent  and  restialn  every  kind  of  fraudulent  device 
and  practice. 

Serun'/ — To  reslraui  and  pr  -liibit  all  vlescriptions  of 
games  and  fraadnlenl  dev.ices,  and  all  playing  of  dice, 
cards  and  other  games  of  chance  with  or  without  betting. 

Third — To  regulate  t!»e  selling  and  giving  away  of  any 
ardent  spirits  by  any  shop-keeper,  trader  or  grocer,  to  be 
drank  in  any  shop,  store  or  grocery,  outhouse,  yard,  quar- 
ter or  other  place  within  the  city,  except  to  those  duly 
licensed. 

Foiir'.h — To  prohibit  the  selling  or  giving  away  of  ardent 
spirits  or  other  intoxicating  liquors  to  any  child,  appren- 
tice or  servant  without  the  consent  of  his  or  her  parents, 
guardian,  master  or  mistress. 

Fifih — To  license,  regulate  and  restrain  or  prohibit,  if 
tlicy  sliail  deem  advisable,  tavern-keepers,  grocers  and 
keepers  of  or  linarles  or  victtialing  or  other  houses  or 
places  in  the  selling  or  giving  away  wines  and  other  liquors, 
wlielher  ardent,  vinous  or  fermented. 

Sirlli — To  license,  tax,  regulate,  supjiress  and  proliibit 
billiard  tables,  iiiiie  or  ten  pin  alleys-  and  ball  alleys. 

Sriculh  —  To  licen  c,  regulate  and  suppress  hackmcn, 
draymen,  carters,  porter?,  omnibus  dri\ers,  cabmen,  pack- 
ers, carmen  and  all  others  who  may  pursue  like  occupa- 
tions with  or  without  vehicles,  and  prescribe  their  coni- 
I-ensations. 

Ki^h'li — To  tax,  license  and  regulate  auctioneers,  dis- 
tillers, brewers  a  id  pawn  brokers,  and  to  impose  duties 
upon  t!»c  sal«*  of  goods  at  auction. 

»\V/j/A — To  license,  tax,  regulate  and  snjiprcss  hawkers 
and  j.eddlcrs. 

Ti  tttlt — To  regulate,  license,  suj'iiress  and  prohibit  all 
exhibitions  of  eommon  showmen,  shows  of  every  kind,  con- 
certs or  other  musical  entertainments  by  itinerant  persons 
or  companies,  exhibitions  of  natural  or  artificial  ctiri  )sities, 
caravans,  circuses,  theatrical  performances  and  all  other 
exhibitions  and  amusements. 

KUv*nlli — To  autliorize  tlip  mayor  or  other  ])roper  ofTicer 
of  ih'?  city  to  ^rant  and  issue  license,  and  direct  tiie  nian- 
ijer  of  issuing  and  registering  thereof  and  the  ft;es  to  be 
j*aid  therefor:  Pruriil'd,  that  no  license  hhall  be  granted 
lor  mure  than  one  ;'ear  and  for  not  less  than  five  nor  more 


199  1857. 

tlian  five  Imndred  dollars;  sliall  l)e  rec^uircd  to  be  paid  for 
any  license  under  this  act,  and  the  fee  for  issuing  the  same 
shall  not  exceed  one  dollar;  hut  no  license  for  the  sale  of 
wines  or  other  liquor.-;,  ardent,  vinous  or  fermented,  at 
wholesale  or  retail,  or  by  inn-kce(iers  ov  nthers  as  aforesaid, 
shall  be  less  than  fifty  dollars.  Bond  shall  be  taken  <n  the 
granting  of  such  license  for  the  due  observance  of  the  or- 
dinances or  regulations  of  the  common  council. 

Ticelfih — To  prevent  aiiy  riot  or  noise,  disturbance  or  aioi- 
disorderly  assemblage. 

Tliirtcciith — To  .cui>press  and  restrain  disorderly  houses,  Gomi.g  hou-es. 
gaming  houses  and  groceries,  houses  of  ill  fame,  billiard 
tables,  nine  or  ten  y\n  alleys  or  tables  and  ball  alleys,  and 
to  authorize  tlu  destruction  and  demolition  of  all  instru- 
ments and  devices  used  for  the  purpose  of  gaming. 

Fuicrtcenth — To  com) 'el  the  owner  or  owners  of  any  c;eaniir.c*»- 
grocery,  cellar,  tallow  chandler  shoj)S,  soa])  factory,  tan- 
nery, distillery,  stable,  barn,  ]>rivy,  sewer  or  other  un- 
wholesome nauseous  house  or  place  to  cleanse,  remove  or 
abate  t!ie  same  from  time  to  tim;  as  often  as  may  be  neces- 
sary for  the  health,  comfort  and  conveiiiencc  of  the  iuliabi- 
tants  of  said  city. 

Fiflienth — To  direct  the  location  and  management  of  B-cwpri<««,  iiif- 

1  ixL  •  1  •  J  1-1  til  eric',     tail- 

and  regulate  breweries,  tanneries  and  packing  houses,  ncric,  jic 
and  diiect  the  location,  managrmcnt  and  construction  of 
and  regulate,  restrain,  abate  and  prohibit,  within  the  city, 
distilleries,  slaughtering  establi:^hni«>nts,  establishini'nts  for 
rendering  or  steaming  Jard,  tallow,  offal  and  such  other 
substances  as  can  cr  may  be  rendered,  and  establish- 
ments or  places  where  any  nauseous,  offensive  cr  unwliole- 
some  business  may  be  carried  on. 

SixtccnUi — To  establicsh  nnd  regulate  markets  and  other  irartn*. 
public  buildings  and  })rovide  for  their  erection,  determine 
their  location  and  authorize  their  erection  in  the  streets  or 
avenues  or  n])on  the  ]>ublic  grounds  of  the  city. 

Seiu  nticntli — To  regulate  and  license  or  ]»rohibit  butch-  Bctciicr.. 
ers,  and  to  revoke  their  licenres  for  malconduct  in  the 
course  of  trade  or  business,  and  to  regulate,  license  and 
restrain  the  sale  of  fresh  meats  and  vegetables  in  the  city, 
and  restrain  and  punish  the  forestalling  of  i)OuUry,  fr6it 
and  eggs. 

Eighfcenth — To   direct  and   prohibit  the  location   and  stcrc-i.  .u«w. 
management  of  houses  for  the  storing  of  gunpovrder  or 
ether  combustible  and  dangerous  material  within  the  city. 

JWnett'cnfh — To  regulate  the  kee])ing  and  conveying  of  snnpowdcr. 
gunpowder  and  other  ccmbustiblt;  and  dangerous   mate- 
rials, and  t'ac    u^e  of  candles  and  lights  in  Lams,  stables 
and  out-!iouscs. 

Ti'enfuth — To  ])revent  horre  racin?,  Immoderate  riding  ntrsc  nciog. 
or  driving  In  the  streets,  and  to  authorize  persons  iinmod- 


1857 


£00 


&.Je«i  t%. 


B««<*n. 


F(»ck  raai^o;  at 


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Bwp*. 


Ccouriow  4t>- 


51  t   . 


•  k4c-*a:ka. 


V««Mt. 


X»iMt«W 


eratol}  ruling  or  driving  as  aforcraiJ  to  be  stopped  by  auy 
person,  and  puiii::li  or  pmliibit  the  abuse  of  animals;  to 
con'.pel  persoiis  to  fasten  tlieir  horses,  oxen  or  other  ani- 
mal?, attached  to  \cl  icles  or  otherwise,  wliilst  standing  or 
remaining  in  the  streets. 

Twenty  first — To  prevent  the  incumbrrinf;  of  the  side- 
w;:lks,  streets,  l.'.nes,  avennes,  alloy?,  public  grounds  with 
earri;igrs,  cart'',  sK-igli^^,  sleds,  wheelbarrows,  boxes,  lum- 
ber, tiiubefj  fir*'  wood,  postr,  awnings,  signs  or  any  sub- 
stance or  materials  whatever. 

Ticenti/sccouu — To  rtgulatc  and  determine  the  limes 
and  places  of  bathing  and  swimming  in  the  canal.'',  rivers  or 
other  waters  in  and  adjoining  said  city,  and  to  pieventlcwd 
aiid  obscene  or  indecent  exhibitions,  exposure  or  conduct. 

Tu'tnfy-thirif — To  restrain  i.nu  punish  vagrants,  mendi- 
cants, street  beggars  and  prostitiit^'S. 

Tiretitj/-Juur//t — To  rc^traiii  and  regulate  or  prohibit 
the  running  at  large  of  cattle,  horses,  swine,  sheep,  goats 
and  geese,  and  to  authorize  the  distraining,  impounding 
and  rale  of  the  same  for  the  penalty  iricurred  and  the  cost 
of  the  proceedinf];s,  and  also  to  i'npose  penalties  on  the 
owners  of  any  such  animals  for  a  \  iolation  of  any  ordinance 
in  relation  thereto. 

Tuerifi/-Ji/t/i~ To  prevent  and  regulate  the  running  at 
large  of  uous,  and  to  authorize  the  destruction  of  the  same 
when  at  l.ir^e  contrary  to  ordinance. 

Tirentjj-stxth-'To  [)r«vent  and  regulate  the  rolling  of 
hoops,  p!  '.ying  of  ball,  il>ing  of  iiitfs,  or  any  amusement 
or  practice  ha\  ing  a  tendency  to  annoy  persons  passing  in 
the  streets  or  on  the  sidewalks,  or  to  frighten  teams  and 
horsej. 

Tventij  seventh — To  make  regtilations  to  prevent  the 
introduction  of  contagious  diseases  into  the  citj ;  to  make 
fju?.rantine  laws  a;jd  enforce  the  sam>.  within  tlu;  city  and 
not  exceeding  five  miles  be}on(I   the  city  bouids. 

Ti-rnfj/-(iK/it/i — To  have  exclusive  power  over  streets 
and  alleys  and  to  remove  ;  nd  abate  any  obstructions  and 
encroachments  therein. 

Tw  nlji-ninili — To  comj)cl  all  persons  to  keep  the  snow, 
ice  and  dirt  from  the  sidewalk  in  front  of  the  premises 
ownrd  or  occujiied  by  ll  ein. 

Tltirliiffi— To  prevent  the  rinq;ing  of  belb,  blowing  of 
horn*  and  bugles,  crying  of  goo  Is,  and  all  o'.I.er  noises, 
perform  an  c*  ai.d  d(\  ices  tending  'o  the  collection  of  per- 
nor.* on  the  ilr»'el<<  or  Bidcwalks,  by  auctioni «  rs  or  others 
i\iT  the  purp  i.i«  of  hu'ines'*,  arnusfini  ii*  ')r  otln'rwi^^e. 

Tliirii/  J'tr .t-  To  abate  and  remove  nuisant  <  •<  and  nun- 
i*h  the  authom  tln'r«of,  by  penalties,  fine  aud  ijajrison- 
mcnt,   and  to  define  and  declare  what  shall  be  deemed 


201  1857. 

nuisances,  and  authorize  and  direct  llie  summary  abatc- 
ir  ent  thereof. 

Tlurfij-secund — To  license,  regulate  and  restrain  run-  '*"'■'"•  or  mu. 
ners  tor  boats  and  stages,  hacks,  omnibuses,  tars  and  pub- 
lic houses. 

Thirty-third — To  regulite  the  burial   of  the  dead   and  Buruigrouujt. 
registrations  of  birth.s  and  deotiis  ;  to  direct  the  returning 
and  kfcc;>in;T  of  bills  of  inorlality,  ai^d  to  impose  ))ena!tiis 
on  physicians,  sextons  and  others  for  any  default  in  the 
premises. 

Thirtij-fourth — To   appoint  watchmen  and  policemen,  wutchmcn. 
and  prescribe  their  duties  and  powers. 

Thlrtij-fifth — To  regulate  tlie  measuring  and  inspecting  ^  '><i  a^J  lum- 
of  wood,  lumber,  shingles,  timber,  posts,  staves  and  head- 
ing and  all  building  materials,   and  appoint  one  or  more 
inspectors. 

Thirtij-six!h—To  regulate  the  weighing  and   place  and  n^y- 
manner  of  selling  hay. 

T.'iirt^/sefiiith — To   regulate    the  measuring  of  wood,  c>^a'- 
and  the  weighing  aiid  jelling  of   coal,  and  the   place  and 
manner  of  selling  the  same. 

Thirtij-eii^hlh — To  regulate  the  inspection  of  Hour,  meal,  ^lo"""- 
pork,  beef  and  other  j)ro\  isions  and  salt,  to  be  sold  in  bar- 
rels, hogsheads  and  other  packages. 

IViirlij -ninth — To  re<^ulate  the  inspection  of  whisky  and  wbioky. 
other  liquors,   to  be  sold  in  barreb,  hogsheads   and  other 
vessels. 

Fortieth — To  create  and  regulate  the  police  of  said  city.  poMcc. 

Forty -first — To  appoint  inspectors,  weigliers,  gangers,  inspccun. 
and  regulate  their  duties  and  prescribe  tluir  fees. 

Forty-second — To  establish,   make  and  regulate  public  ^'^p*- 
pumps,  wells  and  cisterns,  hydrants   and    reservoirs,  and 
to  previ?nt  the  unnecessary  waste  of  water. 

Forty-third — To  establi^li  and  regulate  public  pounds.  Public ronndi. 

Forty-funrth — To  erect  lamps  and  regulate  tlie  li^:;hting  Lamr«- 
thereof,  and  from   time  to  time  crt  ate,  alter  and  extend 
lamp  districts. 

Fortij-fijth — To  erect  and  establish  bridewells  or  houses  BriowMi  or 
ot  correction,  pass  all  necessary  ordinances  for  the  regiila-  rt-ctiun. 
tion  tlureof,  and  appoint  a  keeper  aiid  as  many  assistant:? 
as  may  be  necessary.  In  the  bridewell  or  house  of  coi- 
rectiwi  shall  be  confined  all  vagrants,  stragglers,  idlp  or 
disorderly  persons,  who  may  be  committed  thereto  by  the 
mayor,  any  alderman,  pulicp  magistrate  or  nther  conserva- 
tor of  the  peace;  and  all  p(  rsons  sentenced  by  any  crimi- 
nal court  or  magistrate  in  and  for  the  city  for  any  assault 
and  battery,  petit  larceny  or  other  misdemer.nnr  punirbablo 
by  imj)rijopment  in  any  county  jail,  siiall  bo  kepi  therein, 
subject  to  labor  or  solitary  confinement. 


S-i'f  ircw. 


B«fT:w  nocrj. 


l^ri?.  202 

ir*»ffci.  tad  Forfi/-s:xf/i — To  require  every  merchant,  retailer,  tra- 
mMiam.  ^^^  ^^^j  dealer  in  mercliaiulize  or  property  of  any  descrip- 
tion, ^  liioli  is  scld  by  measure  or  weight,  to  cause  their 
weiglits  and  measures  to  be  sealed  by  the  city  sealer,  and 
to  be  subject  to  his  inspection,  the  slandard  of  which 
weitrhts  and  measures  shall  be  conformable  to  those  now 
establislied  by  law. 
Bfijfw.  Forfi/-scicnlh — Exclusively  to  erect  and  construct,  or 

to  permit,  cause  or  procure  lo  be  erected  and  construct- 
ed, necessary  bridges  within  the  jurisdiction  of  said  city, 
and  keep  tho  same  in  rejiair. 

Furfy-t'ii::;hth — To  exclusively  control,  regulate,  repair, 
amend  and  clean  the  streets  and  alleys,  bridges,  side  and 
cross  Wiilk:^,  and  open,  widen,  straighten  and  vacate 
streets  and  alleys,  and  put  drains  aj\d  sewers  therein,  and 
prevent  the  incumbering  of  the  streets  in  cnv  manner,  and 
protect  the  same  from  any  eneroachments  or  injury. 

Fi)rlt/-ninth — To  direct  and  regulate  the  planting,  pro- 
tecting and  preserving  ornamental  trees  or  shrubbery  in 
the  streets  and  public  grounds. 

Fijtiitli — To  borrow  money,  not  exceeding  fifty  thousand 
dollars  in  any  one  year,  and  pledge  the  revenues  of  the 
city  for  its  payment  and  issue  bunds  therefor. 

Fifitj-first — To  fill  up,  drain,  cleanse,  alter,  relay,  re- 
pr.ir  and  regulate  any  grounds,  yards,  barns,  slijis,  cellars, 
private  drains,  sinks  and  privies,  direct  and  regulate  their 
construction,  and  cause  tlie  expcn'^es  to  be  assensed  and 
colkeled  in  the  s»me  manner  as  sidewalk  assessnaents. 
B«(>iuu.  Fi/f J/ -second — To  erect  and  establish  one  or  more  hos- 

pitals or  dispensaries  and  coi;trol  and  regulate  the  same. 

Fij^if'-thiril — To  abate  all  nuisances  which  are  or  may 
be  injurious  to  the  public  health,  coTnfort  or  convenience 
in  any  manner  they  may  deem  expedient. 

Fifljl-Jourth — To  do  all  acts  and  make  all  regulations 
which  reay  be  necessary^or  exj)e'1ient  for  the  preservation 
of  health  and  the  suppression  of  ^Msease. 

FiJ'i/-fiJtli — T"  appropriate  money  and  jirovide  for  the 
payment  of  the  debts  and  cipensrs  of  the  city. 

Fiftif-sulli — To  regulate  and  order  the  eonstrucjion  of 
all  parapet,  party  or  division  walla  and  fences. 
VsiMK't'.  Fif/i/-aerrn/h— To  prevent   any  person  from  bringing, 

depositing,  leaving  or  iiaving  within  thf  limits  of  said  city 
anj  d.*nd  carcass  or  any  othrr  unwhok-some  substai.ce  and 
to  ren'iire  the  removal  or  dest'^netion  by  any  j-erson  who 
shall  have,  place  or  cause  to  be  placed  or  left  uj)nn  or  near 
hif  premiiics  any  fjurh  substance,  or  any  j)utrid  or  un- 
sound beef,  pork  or  fish,  hides,  or  skins  of  any  kind,  and 
on  his  default  to  autl.ori/.e  the  removal  or  destruction 
thereof  by  oome  offictr  of  «»aid  city. 


DrA.3*. 


Ksu&oce*. 


Ps7  d*U. 


203  1857. 

'  Fiflij-eighth — To  authorize  the  taking  up  and  provide  chiidron  wiih- 
for  the  safe  keeping  and  education,  forsuch  j)eriod  of  time  ^^  '"" 
as  may  be  deemed  expedient,  of  all  ciiilJren  who  are  des- 
titute of  proper  pari-ntal  care,  wandering  aboiit  the  streets, 
commitfing  mischief  and  growing  up  in  mendicancy,  igno- 
rance, idleness  and  vice. 

Fijtynhitk — The  common  council  shall  have  pover  to  oniinancoi. 
make,  publish  or  amend  and  repeal  all  such  ordinances, 
by-law?  and  police  regulations,  not  contrary  to  tiie  consti- 
tution or  laws  of  this  state,  for  tlie  good  government  J<nd 
order  of  the  city  and  t!ie  trade  and  coinnierce  thereof,  as 
may  be  necessary  or  expedient  to  carry  into  efFect  the 
powers  vested  in  the  common  council  or  any  officer  of  said 
city,  by  this  act,  and  enforce  observance  of  all  rules,  ordi- 
nances, by-laws  and  police  and  otlier  regulations  made 
in  pursuance  of  tliis  act,  by  penalties  not  exceeding  one 
hundred  dolUrs  for  any  offence  against  the  same.  Tlie 
common  council  may  iilso  enforce  such  rules,  ordirances, 
by-laws  and  police  and  other  regulations  es  aforesaid  by 
punishment  or  both,  in  t!ie  county  jail  of  Will  county, 
uridewel!  or  house  of  correction,  in  the  discretion  of  tlie 
magistrate  or  court  before  which  conviction  may  be  had  : 
Provided^  such  fine  sliall  not  exceed  five  hundred  dollars 
nor  the  impri^Oiiment  six  months. 

Sixtietii  —To  make  and  enforce  all  necessary  ordinances  i.»«>Tnotives  and 
and  by-laws  to  regulate  and  control  the  speed  of  loco- 
motive engines  and  car^i  running  upon  the  several  rail- 
roads within  the  jurisdiction  oi  said  city,  and  to  regulate, 
control  or  prohibit  and  restrain  the  ringing  of  bells  and 
sounding  of  v/iiistlcs  thereon,  and  to  j»rohihit  and  prevent 
any  obstruction  of  or  interference  with  the  public  use  of 
any  street,  alley  or  public  ground  in  said  cicy,  by  any 
railroad  company,  their  agent?,  engineers  or  employees, 
by  means  of  any  engine  or  engines,  car  or  cars,  or  any 
other  property  or  thing  belonging  to  or  under  the  control 
or  management  cf  any  such  company,  their  agents,  en- 
gineers or  employees  j  and  upon  any  violation  by  any 
railroad  company,  their  agent  or  agents,  eiigineer  or  en- 
gineers, employee  or  employees,  of  any  ordinance  or  by- 
law pa<:sed  by  virtue  thereof,  on  conviction  such  company 
shall  be  fined  in  any  sum  not  to  exceed  one  hundred  di»I- 
lars,  and  the  property  and  eflects  of  such  compary  shall 
be  liable  for  all  such  fines  and  the  costs  of  such  nroceeduigs. 
service  ct  process  upon  any  supermtennent,  engineer, 
agent,  overseer  or  keeper  of  any  station  house  or  depot  of 
any  such  railroad  company,  shall  be  dtrmed  to  be  good  and 
sufficient  service  upon  such  company  for  all  the  purposes  of 
this  provision;  and  any  sueh  agent,  engineer  or  employee 
of  any  such  railroad  company,  upon  conviction,  shall  also 
be  fined  in  any  sum  not  exceeding  fifty  dollars,  and  may 


1S57.  201 

a]so  be  iuipiisontd  in  the  county  jail  of  Will  cotiiitj"  not 
exceeding  twe.nty  days  and  until   such   fine  and   costs  be 
paid. 
•M^urtM     of       Sixfi^ -fn'si— Tlxe  com\AOi\  council  .<lui]l  have  power  by 
'*'-'  ordinance  to  alter  the  boundaries  of  (he  several  \v.;rds  of 

tl»e  city  or  any  of  tiiom,  wi.onevtr  the  interests  of  the  city 
or  the  convenience  of  its  inhabitants  shall  require  such 
alteration:  Provt'dtd,  that  the  boundaries  of  any  ward  or 
wards  shall  not  ba  altered  unless  a  majority  of  the  mem- 
bers of  the  common  council  sliall  vote  therefor. 

Chatter  V. — 0/  Taxation. 

§  1.     Tlie  common  council  sluiil  have  power,  witliin  the 
city,  by  or<iinance; 

Tm»M.  J-^rst — To  annually  levy  and  collect  taxes,  not  cxcced- 

ir(»  three  r.nd  one-!»a!f  n.ii's  on  the  dollar,  on  tlie  a=;sessed 
\-alue  of  all  real  an^  personal  estate  in  the  city  madu  tax- 
able by  the  lews  of  this  state,  to  defray  tlie  contingent  and 
other  expenses  of  the  city  not  herein  otiierwise  specially 
provided  for,  wliich  taxes  shall  con^ititutc  the  general 
fund. 

§cri>ji  lAi.  Second — To  annually  levy  and  collect  a  school  tax,  not 

exceeding  ten  mills  on  the  dollar,  on  all  real  and  p  Tsonal 
estate,  to  meet  the  expenses  of  purchasing  grounds  for 
school  houses  and  f(ir  building  and  rep  liring  school  houses 
and  supporting  and  m»iiitainiiig  school?. 

iB'.«r«*t  ..       Th'n/ — To  levy  and  collect  a  tax,  not  exceeJi'g  one- 

half  n  111  on  the  dollar  per  annum,  on  real  and  j)t  rsonal 
estate,  to  meet  the  interest  accruing  on  tlie  bonded  debt 
of  the  city.  a 

tmw.  ^'2.     To  levy  and   collect  taxes  on  real   and  personal 

estate  when  rj  qtiired  : 

r«rptt:icb«i>4.  First — For  tt'.e  erection  of  a  city  hall,  markets,  hospi- 
tals, bridewell,  bridg»;3  or  work-house,  the  purclrase  of 
market  grounds,  public  s.juares  or  parko,  or  pny  other 
improvemr'nts  :  Provided,  the  estimated  cost  of  a  city  iiall 
or  bridewell  may  be  apportioned  by  the  commoa  council 
and  collected  bv  a  serie?  of  annual  assessments  :  Provided^ 
that  no  tax  or  taxerf  slull  he.  le\  ird  in  any  one  year  under 
tills  sectiou  which  «.hull  exceed  two  per  cent,  upon  the 
value  of  the  proj)erty  assessed  for  either  (^r  all  of  the  pur- 
pose* herein  i»peeified  :  Provided^  fnrlhrr^  that  no  ira- 
provi?ment  under  this  section  shall  he  made  unless  a  ma- 
jority of  all  the  aldermen  elect  in  Kaid  city  shall  vote  in 
favor  of  the  j'amc,  ^aid  vove  being  taken  by  nye.i  and  nays: 
Provided,  fiirthrTy  the  romrnon  council  may  negotiate  a 
loan  /or  the  purpose  of  building  ii  market  house  in  said 
city,  and  apply  the  revonuen  t.liciefrom  towards  paying 
the  interest  on  such  loan  and  lifjuidating  the   principal; 


ia<i. 


205  1857. 

but  snould  tl)e  not  revenues  from  such  market  be  insuf-  v 

licient  l3  j)ay  sucli  interest  anil  principal  when  they  shall 
respectively  become  due,  tlie  com?non  council  shall  levy 
and  Collect  a  tax  upon  the  r>.'al  and  personal  property  in 
tlie  city  to  supply  the  deficiency  of  such  interest  or  prin- 
cipal or  hotli. 

Sccitn<l--To  levy  and  collect  on  the  real  and  personal  ToriithUngiiij-, 
estite,  in  si'.ch  districts  as  they  slwll  troni  time  to  time 
creati',  p.  sulficient  tax  to  defray  three-fourths  of  the  ex- 
pense nf  ercciing  lamps  and  lightino;  the  streets  in  such 
district  or  districts  respccti\  ely :  ProviJcd,  the  money 
thus  raised  siiaU  be  exclusively  expended  for  such  pur- 
poses in  tlie  district  paying  the  same. 

Third — To  reiuire  (and  it  is  hereby  mado  the  duty  of)  Lnhor  on  ,trecu 

1  •  1        i.      i-   ii  -i  4 1  f    i  1  aiid  alley*. 

every  male  resident  ot  tlie  city,  over  tlie  age  oi  twenty- 
one  years  and  under  tlie  age  of  sixty  years,  to  labor  three 
days  in  each  year  upon  the  streets  and  alleys ;  but  every 
person  may,  at  his  option,  pay  at  the  rate  of  fifty  cents  for 
every  day  he  shall  be  so  bound  to  labor:  Providi  dj  t\ic 
same  shall  be  pr>.id  on  or  before  the  first  day  of  the  three 
daysupon  which  he  miy  be  notified  to  labor  by  the  Ftreet 
commissioner;  in  default  of  payment  as  aforesaid,  the 
sum  of  three  dollars  may  be  collected,  and  no  offset  shall 
he  a  lowed  in  any  suit  bronght  to  recover  the  same.  Street 
taxes  shall  be  expended  in  the  several  wards  where  the 
persons  paying  the  same  respectively  reside. 

Chapter  VI. — ^dssessmcnt  fur  opctii?ig  Slreeisy  ^2Ile>/Sy  <JiT. 

§  1.  The  common  council  o1k;11  have  power  to  lay  out  Pubiu  iqiurot. 
public  squares  or  grounds,  street?,  alleys,  lanes  and  high- 
ways, ?iid  alter,  widen,  enlarge,  construct,  straighten  and 
discontinue  the  same.  TIjey  shall  cause  all  streets,  alleys, 
lanes,  highways  or  public  squares  or  grounds  laid  out  by 
tliem  to  be  surveyed,  described  and  .recorded  in  a  book  to 
be  kept  by  the  clerk,  showing  particularly  tlie  proposed 
impro\  ements,  and  the  real  estate  required  to  be  taken, 
and  the  same  when  opontd  and  made  shall  be  publio  iiigh- 
ways  and  grounds. 

§  "2.  Whenever  any  street,  alley,  lane,  highway  or  vr^PIl  pronnd  n 
public  square  or  ground  is  laid  out,  altered,  widened,  [,^"^[^'5].'*'''"' 
straightened  or  enlarged  by  virtue  hereof,  the  common 
council  shall  give  notice  of  tlieir  intention  to  apj>r«q)riale 
and  take  the  land  necessary  fir  the  same  to  the  owner  or 
owners  thereof,  by  [lublisliing  said  notice  for  two  w>»eks 
successively,  in  the  corporation  newspaper,  at  the  expira- 
tion of  wh  ch  time  they  shall  choose  by  ballot,  three  dis- 
interested freeholders,  residing  in  said  city,  as  comuiission- 
ers,  to  ascertain  and  assess  the  damages  and  recompense 
due  the  owners  of  such  lands  respectively,  and  at  the  same 


1857. 


206 


to  b«  twora. 


m.iTO«i. 


Koitc*. 


••UU. 


re- 


time to  determine  what  persons  will  be  benefitted  by  such 
iraproveraent,  an<l  assess  the  drtmagrs  and  expenses  there- 
of, logother  with  the  cost  and  expenses  of  the  proceeding, 
on  the  rt-al  estate  of  persons  benefitted,  in  proportion  as 
nearly  as  may  be  to  tlie  benefits  resulting  to  each.  A 
majority  of  all  the  aldermen  authorized  by  law  to  be 
elected  shall  be  necessary  to  the  chcice  of  sucii  commis- 
sioners. 

^  '■).  The  commissioners  sliall  be  sworn  faithfully  to 
execute  their  duties  atconiing  to  the  b  st  of  their  ability. 
Before  entering  on  their  duties  they  shall  give  notice  to 
the  persons  interested  of  the  time  and  jdace  of  their  meet- 
ing for  the  purpose  of  viewiufij  the  premises  and  making 
their  appraisal  and  assessments,  at  Kast  two  weeks  before 
tiie  time  of  suoh  meeting,  by  publisliing  the  same  in  the 
corporation  newspaper.  They  shall  view  the  premises, 
and  in  their  discretion  receive  any  legal  evidence,  and 
may,  if  necessary,  adjourn  from  day  to  day. 

5  4.  If  there  should  be  a/y  building  standing  in  Whole 
or  in  part  uj>on  the  land  to  he  taken,  the  commissioners, 
before  proceeding  to  make  their  asspssment,  shall  first 
estimate  and  determine  the  whole  value  of  such  building 
t)  the  owner,  aside  from  tlie  value  of  the  land,  and  the  in- 
jury to  him  in  having  such  buUding  taken  from  him;  and 
secondly,  the  value  of  ruch  building  to  him  to  remove. 

§  6.  At  least  five  days'  personal  notice  shall  be  given 
to  the  owner  of  such  determination  when  known  and  a 
resident  of  the  city  or  left  at  his  usual  place  of  abode.  If 
not  known  or  a  non-resident  notice  to  all  perscns  interested 
shall  be  given,  by  publication  for  two  weeks  successively 
in  the  corporation  newspaper;  such  notice  shall  be  signed 
bv  the  commissioners,  and  sp'^cdy  the  htiilding  and  award 
of  the  commissioners.  It  shall  u'.so  recjuirc  parties  in- 
terested to  appear  on  a  day  to  b*^  named  therein,  or  give 
notice  of  their  election  to  tl>e  common  council,  either  to 
accept  the  award  of  the  commissioners  and  allow  such 
buildifig  to  be  taken  with  the  land  condemned  or  appro- 
priated, or  of  their  intention  to  remove  such  building  at 
the  value  set  thereon  by  the  commissioners  to  remove.  If 
the  owner  shall  agree  to  remove  the  building,  he  shall 
have  such  time  for  this  purpose  as  the  common  council 
may  allow. 

S  ♦>.  If  the  owner  refuse  to  take  the  building  at  the 
value  to  remove  or  fail  to  give  notice  of  his  election  as 
aforesaid,  within  the  lime  prescrihe<l,  the  common  council 
shall  have  power  to  direct  the  sale  of  such  building  at 
j)ublic  auction,  for  cash,  publishing  notice  of  such  sale  one 
Wfek  in  the  corj)oration  paper.  The  proceeds  of  the  sale 
shall  be  paid  to  the  owner  or  deposited  to  Lis  use. 


207  1857. 

5  7.     The  commissioners  sliall  tliercupon  proceed  to  An^cii^mtnt    pt 
1     ii    •  1  1  1  i        •  1  •      <    «i       '^^"i  oitate  la- 

make  their  assessmeiitf,  and  determine  and  appraise  to  tlie    kin  r  r  public 

owner  or  owners  the  value  ol  the  real  estate  ajipropriated  ''"■^p*"*''' 
for  the  improvement,  and  the  injury  arisinf^  to  them  re- 
spectively from  the  condemnation  thereof,  wliich  sliall  be 
awarded  to  such  owners  resj»ectively,  as  damages,  after 
making  due  allowances  therefrom  for  any  benefit  which 
such  owners  may  respectively  derive  from  such  improve- 
ment. In  the  estimate  of  damages  to  the  land  the  com- 
missioners shall  include  the  value  of  the  building,  (if  the 
property  of  the  owner  of  such  land,)  as  estimated  by  them 
as  aforesaid  less  the  proceeds  of  the  sale  thereof,  or  if 
taken  by  the  owner  at  tlie  value  to  remove,  in  that  case 
tliey  shall  only  include  the  ditFerence  between  such  value 
and  the  whole  estimated  value  of  such  building. 

§  8.  If  the  damage  to  any  ]>erson  be  greater  than  tlie  camagcB. 
benefits  received,  or  if  the  benefits  be  greater  than  the 
damage,  in  either  case  the  commissioners  shall  strike  a 
balance  and  carry  the  dilTerence  forward  to  another  col- 
umn so  that  the  assessment  may  sliow  what  amount  is  to 
be  received  cr  paid  by  such  owners  respectively,  and  th« 
difference  only  shall  in  any  case  be  collected  of  them  or 
paid  to  them. 

§  9.     If  the  lands  and  buildings  belong  to  different  per-  whrtc      tene- 
sons,  or  if  the    land    be   subject  to  lease  or  mortgage,  the    "calVi. 
injury  done  to  such  persons  respectively  may  be  awarded 
to  them  by  the  commissioners,  less  the  benefits  resulting 
to  them  respectively  from  the  improvement. 

5  10.     Having  ascertained  the  damages  and  expenses  Dntyofcr.mmii- 
of  such  improvement  as  aforesaid,  the  commissioners  sliall 
tliereupon   apportion   and   assess  the  same,  together  with 

costs  of  proceedings  upon  the  real  estate  by  them  deemed 
benefitted,  in  proportion  to  the  benefits  resulting  thereto 
from  the  improvements,  as  nearly  as  may  be,  and  shall  de- 
scribe the  real  estnte  upon  which  thier  assessments  may  be 
made.  When  completed  the  commissioners  shall  sign  and 
return  the  same  to  the  common  council,  within  forty  days 
of  their  appointment. 

6  11.     The  clerk  shall  give  two  weeks'  notice  in  the  K"«'<-f  i' awe-*- 
corporation  newspaper,  that  such  assessment  has  been  re- 
turned, and  on  a  day  to  be  specified  therein  will  be  con- 
firmed by  the  common  council,  unless  objections  to  the  same 

are  made  by  some  person  interested.  Objections  may  be 
heard  before  the  common  council,  and  the  hearing  may  be 
adjourned  from  day  today.  The  council  shall  havejiower, 
in  their  discretion,  to  confirm  or  annul  the  assessment  or 
refer  the  same  back  to  the  commissioners.  If  annulled  all 
the  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 


1S57.  2oS 

Commi''?ioners,  they  shall  proered  to  make  their  a)>pralsed 
asseiJsinent,  «iul  return  the  same  in  like  manner  and  give 
like  notices  as  herein  required  in  re'ation  to  the  first ;  and 
all  parlies  in  interest  sliall  have  t!ie  like  notices  and  rights, 
and  the  common  council  shall  pt  rform  like  duties  and  have 
like  powers  in  relation  to  any  subse(|uent  determination 
as  are  herein  giv»^n  in  relation  to  the  first. 
c»manMi-c«r?.  §  1--  The  cominou  council  s!;a!l  have  ponder  to  re- 
move commissioners,  and  Ironi  time  to  time  appoint  otliers 
iu  the  place  of  such  as  may  be  removed,  refuse,  neglect, 
or  be  unable  from  any  cause  to  serve. 
iur.»;  .  f.  b*  §  !•)•  The  lar.d  rtM^uirod  ^o  be  taken  for  the  making, 
uvikfn*"^'^'^  opening  or  widening  any  street,  alley,  lane  or  other 
higliway,  shall  not  be  appropriated  until  the  damages 
awarded  therefor  to  any  owner  thereof,  under  this  act, 
shall  be  paid  or  tendered  to  suchowner  or  !iis  agent,  or  in 
case  the  said  owner  or  his  agtMit  cannot  be  found  in  said 
city,  deposited  to  his  or  their  credit,  in  some  safe  place  of 
deposit  uther  thin  the  iiandsof  the  treasurer,  and  then,  .md 
not  before,  sndi  lands  may  be  t;ik?n  rnd  appropriated  for 
ihe  purpose  required  in  making  such  iinprovciuents,  and 
such  street,  alley,  lane,  highways,  public  squares,  or 
grounds  made,  opened  and  enlarged. 
^i  ^  14.  Where  the  whole  of  any  lot  or  parcel  of  land  or 
other  premises  under  lease  or  other  contract  sh:ill  be 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this 
act,  all  the  covenants,  contracts  and  engagements  between 
landlords  and  tenants,  or  any  other  'Contracting  parties, 
totichinglhe  same  or  any  part  thereof,  shall,  upon  confirm- 
ation of  such  report,  rtspejtivcly  cease  and  be  absolutely 
disregarded. 
x^rx  ot      ^   1').     Where  part  oily  of  any  lot  or  parcel  of  land  or 


LAr4    -i 

t«ClX2U. 


WTie»* 


wiuuk«a.  Qtilg,.  premises  so  under  lease  or  other  contract,  shall  be 
taken  for  any  of  the  purposes  aforesaid  by  virtue  of  this 
act,  all  the  covenants,  contracts-  and  agreements  and  en- 
gagements respecting  the  same,  nj)on  t!ie  confirmation  of 
such  r»port,  hhall  he  absolutely  discharged  as  to  llie  part 
thereof  so  taken,  nut  rhall  rcmaifi  valid  as  to  the  resi- 
due thereof,  and  the  rents,  consideration  and  payments 
reiervcd  payable  and  to  be  paid  for  or  in  r'^sj)ect  to  the 
same,  shall  be  so  proportioned  as  that  the  j)art  thereof 
jtiilly  and  I'mitahly  payable  for  si'.ch  residue  tiicreof,  and 
no  more,  shall  he  pjid  or  r';covcrable  for  in  any  respect  of 
the  name. 

S  I'J.  Any  per.'on  interested  may  rppeal  fro;n  any  final 
order  of  the  common  council,  for  opening  or  widening  any 
street,  alUy,  ptihlic  ground  or  highway  to  the  circuit 
court  of  Will  founty,  by  notice  in  writing,  to  the  mayor  or 
clrrk,  at  any  time  h«  forr  tl.c  «;xplr;itina  of  thirty  days  af- 
ter IfiC  passage  of  nuf  h  final  ord'-r.     In  case;  of  appeal  the 


ApyM! 


200  1857. 

common  council  sl.all  make  a  return  witliin  thirty  days 
after  the  notice  thereof,  and  the  court  shall,  at  the  next 
term  after  returned  and  filed  in  the  office  of  the  clerk 
thereof,  hear  and  determine  such  appeal  and  confirm  or 
annul  such  proceedings;  from  which  judgmtiit  no  ajjpeal  or 
writ  of  error  shall  lie.  Upon  the  trial  of  the  appeal,  all 
questions  involved  in  said  proceedinG;s,  incluiiing  the 
amount  of  damages,  shall  be  open  to  investigation  by  oral 
testimony,  addressed  to  the  court,  and  the  burden  of  proof 
shall  in  all  cases  be  upon  the  city,  to  show  that  the  pro- 
ceedings are  in  conformity  with  this  act. 

§   17.     That  whenever  such  assessment  upon  the  pro-  special  lax. 
perty  benefitted  shall  be   confirmed   the  common    council 
shall  levy  the  respective  amounts  so  afJsessed  as  a  special 
tax  upon  the  property  as.^essed;  which  shall  be  collected  as 
other  city  taxes. 

5  18.     The  common   council  may,  by  ordinance,  make  cmmon  rouncii 

^  niKv      filter    "T 

any  change  tliey  may  deem  advisable  in  the  proceedings  «hHngeproccea- 
hcroin  described  for  ascertaining  the  damages  and  injury  *"^''' 
occasioned  to  any  person  or  real  estate  by  reason  ol  the 
condemnation  of  any  real  estate  upon  which  any  buildings 
may  be  situated,  in  whole  or  in  part,  and  the  assessment 
of  such  damage  and  injury  upon  persons  of  real  estate 
benefitted  b)'  the  improvement,  and  in  such  other  respects 
as  experience  may  suggest. 

§  I'.i.  In  all  cases,  wliere  there  is  no  agreement  to  the 
contrary,  the  owner  or  landlord,  and  not  the  occupant  or 
tenant,  shall  be  deemed  the  persons  wiio  ought  to  bear  and 
pay  every  assessment  made  for  the  expense  of  any  public 
improvement.  When  any  such  assessment  shall  be  made 
upon  or  paid  by  any  person,  when,  by  agreement  or  by 
law,  the  same  ouglit  to  be  borne  or  paid  by  any  other  per- 
son, it  shall  be  lawful  for  any  one  so  l)aving  to  sue  for  and 
recover  of  the  person  bound  to  pay  the  same  the  amount 
so  paid  with  interest.  Nothing  heroin  contained  shall  im- 
pair or  in  any  way  affect  any  agreement  between  any  land- 
lord and  tenant  or  otiier  person  respecting  the  payment  of 
such  assessment. 

§  20.     The  common  council  shall  have  power  to  con-  f'''''^"nJ  may  be 

dl  •.  ,,  11.1  <  taken  for  Kbool 

emu   and   appropriate   any   lot  or   ground  which   may  be    ii^iuet- 

necessary  for  the  building  and   erecting  of  school  houses 

in  the  city,  or  for  the  convenience  and   proper  enjoyment 

of  any  S'^hool  house  already  erected,  or  of  the  grounds  and 

premises  connected  therewith  :   Provided,  the  same  be  done 

in  conformity  with  the  foregoing  provisions  of  this  chapter. 

Chapter  VII. — *lssessinentfor  Public  Improvements. 

§  1.     The  common  council  shall  have  power,  from  time  Grading, 
to  time,  to  cause  any  street,  alley  or  highway  to  be  graded, 
—  GG 


1807.  210 

leveled,  paved,  macadainizetl  or    jilankcJ    and  keep  tlie 
sanu*  in  repair. 

>{f(<;j</ — To  cause  cross  anC.  sidewalks,  main  drains  and 
<:owors,  and  private  drains  to  be  constructed  and  laid,  re- 
laid,  cl«'ansed  and  repairt  d  and  regulate  the  same. 

ThirJ — To  grade,  improve,  fence,  protect  and  ornament 
any  public  square  or  ground  now  or  hereafter  to  be  laid  out. 
itrraM«  to  b«       §   -•     Tlie  expenses  of  any  improx  ement  mentioned  in 
'^n^  the  first  and  second   paragraplis  of  the  foregoing   section 


»«»#>.^»»  J 


•v*r.j 


shall  be  assessed  upon  the  real  estate  fronting  and  ad- 
joing  such  improvement,  according  to  the  width  of  the  re- 
spective Ironts.  The  amount  to  be  assessed  for  such  im- 
provemint  shall  le  e>timated  and  determined  by  three  re- 
spectable freeholders  of  the  city,  to  be  ajpointed  by  tlie 
oinmon  council  as  commissioners  to  miOce  such  estimate 
atul  assessment,  who  shall  be  sworn  faithfully  and  impar- 
tially to  txecute  their  duty  to  the  best  of  their  ability. 

connBiMionpra  §  3.  Before  entering  on  their  duties,  the  commission- 
ers  snail  give  one  week  s  notice,  in  the  corporation  news- 
paper, of  tiie  time  anl  place  of  meeting  to  all  persons  in- 
terested, and  they  may,  if  necessary,  adjourn  from  day  to 
day.  The  commissioners  shall  first  estimate  the  whole  cost 
of  the  proposed  improvement,  and  all  the  costs  and  ex- 
penses of  the  same,  and  then  assess  the  amount  on  the  re- 
spective lots  and  jiarcels  of  ground  fronting  and  adjoining 
the  same,  in  pro|)ortion  to  the  width  of  the  rcsjiective 
Ironts,  and  briefly  describe,  in  an  assessment  roll  to  be 
made  by  them,  such  real  estate,  and  set  opjiosite  to  each 
parcel  the  amount  of  the  assessment  thereon;  which  assess- 
ment roll,  and  report  of  said  commissioners,  shall  be  re- 
turned to  the  common  council. 

CBaMDU>t<mf>r«         §  -i-     When  the  commissioners  shall  liave  completed  their 

^vn^JV  ^"^  estimate  and  assessment,  and  made  a  correct  copy  thereof, 
they  shall  deliver  the  same  to  the  city  clerk  witiiin  forty 
da}S  after  their  appointment,  signed  by  all  the  commis- 
sioners. The  clerk  shall  thereupon  cause  notice  to  be 
]>iil)lishi  d  in  the  corporation  newspajjcr  for  one  week  to 
all  p«  rsons  interested,  of  the  comjihtion  of  the  assessment 
and  the  filing  of  the  roll  ;  time  and  place  shall  be  designa- 
ted therein  for  hearing  objections. 

A  .'  §  •'■     Any  person  interested  may  Hj)pcal  to  the  common 

council  for  the  correction  of  (he  assessment.  Appeals 
flball  b«-  in  writing  and  filed  in  the  clerk's  ottice  within  ten 
days  after  the  fir.st  publication  of  snid  notice.  The  common 
council  may  ajljourn  such  hearing,  frum  day  to  day,  and 
shall  have  power,  in  case  of  appeal  or  f)therwise,  in  their 
discretion,  lo  revise  and  correct  the  estimate  and  assess- 
ment, and  confirm  or  annul  the  same  and  direct  new  esti- 
matefi  and  assessments  to  b(^  made  in  the  manner  herein- 
before directed,  by  the  same  commissioners  or  by  three 


211  1857. 

others,  as  they  shall  deem  advisable;  when  confirmed  the 
assessment  sliall  be  collected  as  oilier  taxes  Ujion  real 
estate  by  sale  thereof. 

&  G.     It"  any  vacancy  hannens  in  the  office  of  commis-  vacancy  in  the 
sioners  at  any  tune,  by  reason  ot  removal,  lailure,  or  re-   nii»bioncrs. 
fueal  or    inability  from  sickness   or  other  cause  to  serve, 
the  common  council  may  fill  such  vacancy.     If  the  firstas- 
sessment  prove  insutiicient  another  may  be  made  in  the 
same  manner. 

§  7.  All  owners  or  occupants  in  front  of  or  upon  si.ipwaiks  anj 
whose  premises  the  common  council  shall  order  and  direct 
sidewalks  or  private  drains  communicating  with  any  main 
drain  to  be  constructed,  repaired,  relaid,  or  cleansed, 
shall  make,  repair,  relay  or  cleanse  such  sidewalks  or  jtri- 
vate  drains  at  their  own  cost  and  charges  in  the  manner  and 
within  the  time  prescribed  by  ordinance  or  otherwise,  and 
if  nnt  done  in  the  manner  and  within  the  time  prescribed, 
the  council  may  cause  the  same  to  be  constructed,  repair- 
ed, relaid  or  cleansed  and  assess  th«  expenses  thereof,  by 
an  order  to  be  entered  in  their  proceedings,  upon  such 
lots  respectively  and  collect  the  same  by  warrant  and  sale 
of  the  premises  as  in  other  cases.  A  suit  may  also  be 
maintained  agauist  the  owner  or  occuj)ant  of  such  premi- 
ses for  recovery  of  such  ex;  enses  as  for  money  paid  and 
lait^out  to  his  use  at  his  request- 

5  8.      In  all  cases  where  expenses   may  be   incurred  in  i'^pc"'"  »'  f<^ 
Uie  removal  oi   any  nuisance  the  common  council   may   ces,  bow  paia. 
cause   the   same  to  be   assessed   against  the   real   estate 
chargeable  therewith,   in  the  manner    prescribed  in  the 
foregoing  section  ;  such   expenses  shall  be  likewise   col- 
lectable of  the  owner  or  occupant  of  such  premises,  in  a 

suit  for  money  expended  to  his  or  their  use.  In  case  the 
same  should  not  be  chargeable  to  any  real  estate  suit  may 
in  like  manner  be  brought  for  such  expenses  against  the 
author  ofsuch  nuisance,  when  known,  or  any  person  whose 
duty  it  may  be  to  remove  or  abate  the  same. 

§  '.'.  Commissioners  appointed  under  this  chapter  may  CommiMionen 
be  sworn  into  office  by  the  city  clerk  ;  they  shall  be  al- 
lowed two  dollars  per  day  each,  for  actual  services,  which, 
togetlit-r  with  all  other  expenses  in  relation  to  any  assess- 
ment in  pursuance  of  this  act,  shall  be  deemed  part  of  the 
expenses  of  the  improvement  and  included  therein.  The 
city  attorney  shall  prepare  such  papers  and  make  such  ex- 
amination as  they  may  request. 

Chapter  VIII. — CoUection  of  Taxes  and  ^/Assessments, 

6  1.     The  common  council  shall  have  power,  by  ordi-  AsMw-meoi  ukj 

.  -i        *i       r  I-  '         11  1  collection       ;^o/ 

nance,  to  prescribe  the  torm  of  assessment  rolls,  and  pre-    uxc». 
scribe  the  duties  and  define  the  powers  of  assessors  ;  they 


1857.  212 

may  also  make  such  rules  ami  give  such  directions  in  re- 
lation to  revising,  altering  or  adding  to  the  rolls  as  they 
mjy  deem  proper  and  expedient. 

K*;.-n.?»-<.v^^       ^  '2.     The  annual  assessment  rolls  shall  he  returned  hy 

'"*"^' '  the  assessors  on  or  helort'  the  first  Monday  of  August,  in 

each  year,  hut  the  time  niay  he  extended  hy  order  of  the 
common  coi;neil.  ( 'n  the  return  tliereof  the  common 
council  shall  fix  a  day  for  hearing  ohjections  thereto,  and 

^'  '  '  the  clerk  shall  give  notice,  hy  one  puhlication  in  the  cor- 

poration newspaper,  ol  the  lin>e  and  place  of  such  hearing  ; 
and  any  person  feeling  aggrieved  by  tiie  assessment  of 
his  property  may  appear  at  the  time  specihed  and  make 
his  ohjections.  The  common  council  shall  liaAc  power 
to  supply  omissions  in  said  assessment  roll,  and  for  the 
purpose  of  eqtializing  the  same  to  alter,  add  to,  take 
Irom,  and  otherwise  correct  and  revise  the  same,  or  to  re- 
fer the  same  hack  to  the  assessor  with  instructions  to 
revise  a:.d  correct  thr  same  :  I'roiidt  (/,  the  con  mon  coun- 
cil shall  not  have  power  to  increase  the  aggregate  amount 
of  said  roll,  except  by  the  value  of  such  proj)erty,  real  or 
personal,  ns  may  have  been  omitted  hy  the  assessor. 

iTamai  to  a.1-       ^  .).     When  t!ie  assessment  rolls  shall  have  been  cor- 

**'^'*  reeled  and   revised  the  same   shall   be  tiled,   and   an  order 

contirming  the  same  and  directing  the  wairantto  be  issued 
for  the  collection  thereof,  shall  he  entered  by  the  clejk. 
The  common  council  shall  thereupon,  by  an  ordinance  or 
resolution,  levy  such  sum  or  sums  of  money  as  may  be  suf- 
ficient for  the  several  purposes  for  which  taxes  are  herein 
autiiori/.ed  to  be  levied,  (not  exceeding  the  authorized  j)er 
cer  tHge,)  particularly  specifying  the  purposes  for  which 
the  same  are  levieil,  and  if  not  for  general  purposes  the 
division  of  the  city  upon  which  the  same  are  laid. 

ktfmami*  to  ^  4,  All  taxes  and  aspesMuents,  general  or  special, 
le\ied  or  assessed  by  the  common  couiicil  iinder  this  act, 
shall  he  a  lien  upon  the  real  estate  upon  w!iich  the  same 
may  bo  imposed,  voted  or  assessed,  for  two  years  from  and 
after  the  corrected  assessment  roll  shall  ha\e  been  con- 
firmed ;  anrl  on  personal  estate  from  and  after  the  delivery 
of  the  warrant  for  the  C()lhi:tion  thereof  until  paid,  and  no 
fale  or  transfer  shall  atfect  the  lien.  Any  j)ersonal  pro- 
perty belonging  to  the  debtor  may  be  taken  and  sold  for 
the  payment  of  taxes,  on  real  or  personal  estate:  Pro- 
vidrd^  that  in  case  the  collection  of  any  assessment  shall 
be  dtUyed,  hy  injunction  or  other  judicial  proceedings,  the 
fame  shall  cotttinue  a  lien  (unles-)  set  aside)  n|>on  surh  real 
estate  for  the  period  of  two  years  from  and  after  the  final  dis- 
position of  such    injunction    or  other  judicial   jiroccf  ding. 

otm%^  iMM  fj  i).  The  clerk  shall  issue  a  warrant  or  warrants  f<>r 
the  taxes,  and  rule  therein  neparate  columns,  in  which  tho 
taxe«  levied  shall  be  respectively  set  down  oj.posite  the 


218  18.57. 

name  of  the  person  or  real  estate  subject  thereto  ;  each 
coluina  shall  be  headed  with  the  name  uf  the  ta:c  therein 
set  down. 

§  0.     All  warrant?  issued  for  the  collection  of  general  Warrant*  to  t)o 

^  .1     .  ]  4         I      11    u  ■  II        4i         tlcliTireU  to  Col- 

or special   taxes   and   assessments  shall   be  signed   by  the    icvtur. 

major  and  oierlc,  with  the  cor|)orate  seal  thereto  attached, 
and  sliall  contain  true  and  perfect  copies  of  the  corrected 
assessment  rolls  upon  which  the  same  may  be  respective- 
ly issued.  They  shall  be  delivered  to  the  collector  or  col 
lectors  of  the  city  for  collection,  within  six  weeks  after 
the  filiniT  of  the  corrected  rolls,  unless  further  tin  e  shall  be 
given  far  that  purpose  by  the  common  council;  if  not  other- 
wise paid,  tlie  collector  shall  have  power  to  collect  said 
taxes,  with  interest  and  cost,  by  suit  in  the  corporate  name 
or  by  distress  and  sale  of  personal  property  as  aforesaid 
after  a  dtinand  and  refu3al  to  pay  the  same.  The  asses- 
sor's roll  shall  in  all  cases  be  evidence  on  the  part  of  the 
corporation:  FiU)vidc<{,  a  notice  published  by  the  collector 
for  two  weeks  successively,  in  the  corporation  paper,  shall 
be  deemed  a  demand,  and  a  neglect  to  pay  taxes  for  twenty 
days  thereafter  shall  be  deemed  a  refusal. 

§  7.  All  taxe^  and  assessments,  general  or  special,  Manner  f.f  <»i- 
shall  be  collected  by  t!ie  collector  or  collectors  in  the  *^  '"*  '^*''^*' 
same  manner  and  with  the  same  poAer  and  autliority  as 
are  given  by  law  to  collectors  of  county  and  state  taxes. 
He  shall  pay  the  same  as  fast  as  collected  into  the  city 
treasury,  and  his  duty  in  regard  to  returning  warrants  and 
settling  wi;h  the  city,  and  his  liabilities  in  case  of  default 
or  misconduct  shall  be  the  same  as  prescribed  by  law  in 
other  cases:  Proviffedy  the  common  council  shall  have 
power  to  prescribe  the  powers,  duties  and  liabilities  of 
collectors  by  ordinance. 

§  8.  In  case  of  the  non-payment  of  any  taxes  or  assess-  in  ntc  of  bod- 
ments  levied  or  assessed  upon  any  real  estate  under  this  r-as-ment of  tax- 
act,  thf»  premises  may  be  sold  for  the  payment  tiiercof  at 
any  time  within  two  years  after  the  confirmation  of  the 
assessment  by  the  common  council.  Before  any  such  sale, 
an  order  shall  be  made  by  the  cominon  council,  which 
shall  be  entered  at  large  in  the  records  kept  by  the  clerk, 
directing  the  collector  to  sell,  particularly  describing  the 
delinquent  premises  to  be  s)hi,  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  officer  and  clerk,  shall  be  delivered.to  the  col- 
lector, which,  together  with  the  warrant,  shall  constitute 
the  process  upon  which  such  sale  may  be  made. 

§  y.      The  collector  shall  then  advertise  such  |)remises,  cuestor  to  aJ- 
in  the  corporation  newspaper,  for  sale,  for  the  period  of  *'"^'*- 
t.hree  week?  successivel}',  describing  the  same  by  figures 
or  otherwise,  with  the  name  of  the  owner,  when  known, 


5*!es    hoi 


and  the  several  amounts  of  the  taxes  or  assessments  threon 
and  costs ;  said  nt>tiee  shall  also  contain  the  time  and  |)lace 
of  sale.  The  proceedings  may  be  stopped  at  any  time  on 
the  payment  of  the  taxes  or  assessments,  interest  and  costs 
with  expenses  of  advei  ti'^ing. 

5  lu.  All  sales  shall  be  conducted  in  the  manner  Re- 
quired by  law,  but  the  common  council  shall  have  power 
to  prescribe  the  manner  of  conducing  the  same.  The 
sale  shall  be  made  for  the  smallest  portion  of  ground,  (to 
be  taken  from  the  east  side  of  the  prenn'ses,)  for  which 
any  person  will  take  the  same  and  ])aythe  taxes  or  assess- 
ments thereon  With  interest  and  cost  of  s^le.  Duplicate 
certificates  of  sale  shall  be  made  and  subscribed  by  the 
collector,  one  of  which  shall  be  delivered  to  the  purchaser 
and  the  other  filed  in  the  office  of  the  clerk;  wliich  cer- 
tificate shall  contain  the  name  of  the  purchaser,  a  <lescrip- 
tion  of  the  prennse>  sold,  the  amount  of  the  tax  or  iissess- 
raent,  with  the  interest  and  expenses  for  which  the  same 
was  sold  and  the  time  when  the  right  to  redeem  will  ex- 
pire. The  collector  shall  be  entitled  to  the  same  fees  for 
selling  a?  iire  allowed  by  law  for  similar  services.  The 
clerk  shall  keep  a  record  of  such  sales;  which  shall  be  open 
to  public  in<:j)ection  at  all  reasonable  times. 

{11.  The  right  of  redemption  in  all  cases  of  sales  for 
taxes  or  assessme'jts  shall  exist  to  the  owner,  his  heirs  or 
assign*,  to  the  same  extent  as  is  allnwed  by  law  in  the 
case  of  sales  of  real  estate  for  taxps,  on  the  payment,  in 
specie,  of  dotible  the  amount  for  which  the  same  was  sold, 
and  all  taxes  accruing  subsequent  to  the  sale  wi'h  interest. 
If  the  real  estate  of  any  infant, y)  w//?*'  rorert  or  lunatic  be 
sold  under  this  act,  the  same  may  bo  redeemed  at  any  time 
within  one  year  after  such  disability  be  irmoved.  In  case 
of  redem;ttion  the  money  may  be  paid  to  the  purchaser  or 
for  him  to  the  city  clerk,  who  shall  njake  a  special  deposit 
thereof  with  tlie  treasurer,  taking  his  receipt  therefor.  If 
not  r^deemid  according  to  law,  the  common  cotmcil  shall, 
upon  the  return  of  the  certificate  or  on  proof  of  it?  loss, 
and  proper  affidavits  of  j»roper  notircs  to  owner  and  occu- 
pant as  nquirrd  by  law,  direct  :i  deed  to  be  exeetited  to 
the  purchaser,  under  the  corj)orate  seal,  signed  by  the 
mayor  or  presidiiig  officer  of  the  common  council,  and 
counteriiigned  by  the  cleik,  conveying  to  such  purchaser 
or  l»is  a^sigtiC",  the  premises  so  sold  ntul  iiiiredcemed  as 
aforpi^id.  g^n  abstra't  (>(  all  deeds  so  m;id«-  ami  delivered 
shiill  be  efitrr«d  by  the  clerk,  in  the  honk  wher<in  tax 
sales  are  recorded.  A  fee  of  ono  flollar  may  he  charged 
by  the  clerk  for  ev(  ry  d»*ed  so  issued. 

§  12.     The  assignee  of  afiy  tax  certificate,  of  anyj)rem- 

■  ited  sold  for  taxes  or    issesfmenl,  under  authority  of  said 

city,  shall  be  entitled  to  receive  a  deed  of  such  premises, 


215  1857. 

in  his  own  name,  and  with  the  5?ame  effect  as?  though  he 
had  been  the  original  piircliasur. 

§  VI.     If  at  anj  .«:ale  of  real  or  personal  estate  for  taxf^s  if  nfti.uiisma.ia 
or  assessments,  no  bid  shall  be  made  for  any  parcel  of  land    Htrm*ic"'i,iT'  u 
or    any  goods  and   chattels,  the  same  shall  be  struck  off  *^"^' 
to  the   city,  nnd    thereupon    the   city  sliall    receive,  in  the 
corj)3rate  name,  a  certiiicate  of  tlie  sale  therccf,  and  shall 
be  vested  with  the  same  rights  as  other  purchasers  at  such 
sale. 

§  14.  All  deeds  made  to  purchasers  of  lots  sold  for  Drci'^priMa/d- 
taxes  or  assessments  by  order  of  the  common  council  shall  coruin  tiiingg, 
be  prima Jdck  evidence  in  all  controversies  and  suits  in 
relation  t">  the  rights  of  the  purc!i:iscr,  his  or  lier  heirs  or 
assigns,  to  the  premises  tliereby  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.  .S'rr6»;/f/--That  the  taxes  or 
asstjssments  were  not  paid  at  any  time  before  the  sale. 
Third  —That  the  land  conveyed  had  not  been  rcdeeirted 
from  ^!:e  sale  at  the  date  of  ihe  deedj  and  shall  be  conclu- 
sive evidence  of  the  following  facts;  First — That  the  land 
or  lot  wa?  advertised  for  sale  in  the  manner  and  for  tin; 
lengt!)  of  time  required  by  law.  Second — That  the  land 
or  lot  was  sold  for  taxes  or  assessments  as  stated  in  the 
deed.  Third — That  the  grantee  in  the  deed  was  the  [)Ur- 
chaser  or  his  assignee.  Fourth — That  the  sale  was  con- 
ducted in  the  manner  required  by  law;  and  in  all  contro- 
versies and  suits  involving  tlie  title  to  land  claimed  awd 
held  under  and  by  virtue  of  scuh  deed,  the  person  or  per- 
sons 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  j 
that  the  land  had  never  been  listed  and  assessed  for  taxa- 
tion or  assessment,  or  tint  the  same  had  been  redeemed 
according  to  the  provisions  of  this  act,  and  that  such  re- 
deinpliod  was  made  fur  the  use  and  benefit  of  the  person 
having  the  right  of  redemption  under  the  laws  of  this  state  ; 
but  no  person  shall  \)h  permitted  to  question  the  title  ac- 
quired by  the  said  deed,  without  first  showing  that  he,  she 
or  thi;y,  or  the  person  under  whom  he,  she  or  they  claim 
title,  had  title  to  the  land  at  the  time  of  sale  or  t^iat  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  wliom  he  claims 
title  35  aforesaid.  All  proj)crty  omitted  in  former  assess- 
ments sliall,  when  discovered  by  tlie  assessor,  be  assessed 
for  the  time  being,  and  the  amount  of  arrearages  shall  be  * 
added. 


IS.^7.  21C 

§  IT).  The  common  council  shall  have  the  power,  by 
ordinance  or  resolution,  to  empower  tlie  city  collector  to 
complete  tlie  collection  of  any  tax  or  assessment  atter  the 
termiiiUlion  of  the  term  of  olfioe  of  such  collector. 

Chaptkr  W.~  F/rt    Di farlment. 

rirtdct^rtara'.  §  I.  The  commou  Council,  for  the  p'lrpose  of  jj;uarding 
against  the  calanuti»'S  of  fui-,  sliall  have  power  to  pre- 
scribe the  limits  within  which  wooden  buildings  sliall  not 
be  er»*cted  or  placed  or  rejiairedj  without  tlTc  j-ei mission 

w*.>j«>  bn; .:-  of  the  common  council,  and  direct  that  all  and  any  buddings 
within  the  liuuts  prescribed  shall  be  made  or  constructed 
of  fire'proof  mat»rials,  and  to  prohibit  the  rrpairing  or  re- 
building of  wooden  buildings  within  tht-  fiie  limits,  when 
the  same  sliall  have  been  damaged  to  the  extent  of  fifty 
per  cent,  of  the  value  thereof,  and  to  prescribe  the  manner 
of  ascertaining  such  damage. 

§  2.     The  common  council  shall  also  have  power, 

Ciitnn*?-.  First — To  rtgulate  tl'e  construction  of  chimi\^eys,  so  as 

to  all  )w  of  proper  cleaning,  and  to  compel  the  sweeping 
and  clearing  of  cliimnevs. 

«     -  Second — To  pr.M'eut  llic  dangerous  construction  and  con- 

dition of  ch  mneys,  fireplaces,  iieartlis,  stoves,  stove  l'i]'es, 
ovens,  boilers  and  apj)aratus  used  in  ajid  about  any  build- 
ings or  manufactory,  and  to  cause  the  same  to  be  removed 
or  placed  in  a  safe  and  secure  conditi-'U,  when  considered 
danfff^rous. 

ii...  7Vi/rr/     To  prevent  the  deposit  of  ashes  iii  unsafe  place?, 

arid  to  appoint  one  or  more  ofFictTs  to  enter  into  all  build- 
ings and  inclosures  to  discover  whether  the  same  are  in  a 
dangerous  state,  and  to  cause  such  as  may  be  dangerous 
to  bu  put  in  safe  condition. 

Fu'irlh — To  require  of  the  iiihahitai.ts  to]irovide  as  many 
fire  buckets,  ami  in  such  mani.er  and  time  as  they  shall  pre- 
scribe, and  to  regulate  the  use  of  them  in  times  of  fire. 

Fiflli — To  regulate  and  prevent  carr}ing  on  of  manufac- 
lorifs  dangerous  in  causing  or  promoting  fire. 

Si.'th — To  regulate  and  jirevenl  the  use  of  fire  works 
and  fire  arm<; 

Hfvvixlh  To  compel  the  owners  or  occujiants  of  houses 
or  otl.pr  buildings  to  have  scuttles  ii^the  roofs,  ur.d  stairs 
or  Iadd»r4  h'aditig  to  tlic  same. 

llij;UHi — To  niitliorize  the  nmyor,  .nldt  rmen,  fire  war- 
den* or  other  offierri  of  said  <"ity  to  k«ej)  away  fiou)  the 
viciiiity  of  any  fire  a'l  idli-  and  suspicious  |)ersons,  and  to 
compel  all  officer'*  of '.tid  city  anfl  other  persons  to  aid  in 
the  extinguisliment  of  fires,  and  in  the  preser\ution  of 
property  exposed  to  dangi-r  thereat. 


r,nbft:^t'* 


Tin  «v;ti 


Titt  «wi«n«. 


217  1857. 

A'i/ifh — And  gen*^rally  to  establish  such  ref»ulation  for 
the  prrvenlion  and  extii  guislinu-nt  ol"  fires  as  tlie  common 
council  may  deem  expedient. 

§  o.     Tlie  common  council  shall  procure  fire  eiigincs  and  Fircoigit»«aj;a 
other  apparatus  used  for  the  extinguishment  of  fires,  and    ^'"'"'"'  "• 
have  the   charge  and  control  of  the  same,  find  jjiovide  tit 
and  secure  engine  houses  and  other  places  for  keeping  and 
preserving  the  same,  and  shall  have  power. 

First — To  organize  fire,  hook,  hose,  bag,  ladder  and  no.jk and  lajuer. 
axe  companies. 

Sccotul — To  appoint,  during  their  j)leasure,  a  compe-  Fircuicn. 
tent  number  of  able  and  reputable  inhabitants  of  said  city 
firemen,  to  take  tlie  care  and   jnanagement  of  the  engines 
and  other  apparatus  and  implements  used  and  provided  for 
the  extinguishment  of  fires. 

Third — To  prescribe  the  duties  of  firemen,  and  to  make  Their  dntios. 
the  rules  and    regulations  of  their  government,  and  to  im- 
pose reasonable  fines  and  forfeitures  upon  them  for  a  \  iola- 
tion  of  the  same,  and  for  incapacity,  neglect  of  duty  or  mis- 
conduct to  remove  thera. 

§  4.     The  chief  and  assistant  engineers  of  the  fire  de-  cuicf  ana  asj^i*- 
partment,  with  the  other  firemen,  shall  take  the  care  and    '""'  e"Bi°^«'"- 
management  of  the  engines  an  1  other  a|)|)aratus  and  imple- 
plements  used  and  provided  for  the  cxtinguishmi'nt  ol  fires, 
and  their  duties  and  powers  shall  be  defined  by  the  com- 
mon council. 

§  5.     The  members  ^f  the  common  council  and  firemen  c-mmon  co-jncu 
shall  during  their  term  of  service  as  such  be  exemj)t  from   o,n',,f7r"m°»crI 
serving  on  juries  in  all  the  courts  of  this  state,  and  in  the   viugonjury. 
militia,  and  shall  likewise  be  exempt  from  working  out  any 
road  or  street    tax  ;  the   name    of  each   fireman  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,   made   within   the  year  in 
which  the  exemption  is  cleimed. 

§  G.  Every  fireman  who  shall  have  faithfully  served  as  Firemen  forever 
such  in  the  said  city  for  the  term  of  ten  years  shall  be  tliere-  "r"'mg  on  7u™ 
after  exempt  from  serving  on  juries  in  all  courts  in  this 
state  or  in  the  militia,  except  in  time  ol  war,  invasion  or 
insurrection,  and  the  evidence  to  entitle  such  person  to 
such  ex«'mption  shall  bo  a  diploma,  under  the  corporate 
seal,  signed  by  the  mayor  and  clerk. 

Chapter  X. — Board  of  ITeallh. 

§  1.     The  board  of  health  shall  consist  of  three  or  more  Board  of  he.iih. 
commissioners,  to  be  appointed   annnally  by  the  common 
coiincil,  and  the  mayor  or  presiding  officer  of  the  common 
council  shall  be  president  of  said  board,  and  tl;e  city  clerk 
shall  be  clerk  thereof  and  keep  minutes  of  iis  proceedings. 


rirs  in  ccrtaiu 
ca«os. 


1557.  218 

r^^rintr.  §   -•     It  shall  be  the  iluty  of  liraltli  officers  to  visit  every 

sick  pt^rson  wlio  may  be  reported  to  tlie  board  of  health, 
as  luTeiiiarter  provided,  and  to  report  with  all  convenient 
speed  tiu'ir  opinion  of  the  sickness  of  such  person  to  the 
clerk  uf  said  board  of  health;  and  to  visit  and  inspect,  at 
the  request  of  the  president  of  said  board,  all  canal  boats 
cr  vessels  coming  or  lying  and  being  within  the  canal  or 
either  of  the  canal  basins  of  tiie  city,  which  are  stispectcd 
of  having  on  h'«ard  any  pestilential  or  infectious  disease, 
and  all  stores  and  buildings  whieh  are  susj^ccted  to  con- 
lain  unsound  provisions  or  damaged  hides,  or  other  ar- 
ticles, and  to  make  report  of  the  state  of  the  same  with  all 
convenient  speed  to  the  clerk  of  the  board  of  health. 

iar*^.-ti^  dis-  §  "'  All  persons  in  said  c'ty,  not  resident  thereof,  who 
***•••  shall  be  infected  with  any  pestilential  or  infectious  disease, 

and  all  thing's  which,  in  the  opinion  of  said  hoard,  shall  be 
infected  by  or  tainted  with  pestilential  matter,  and  ought 
to  be  removed  so  as  not  to  endanger  the  health  of  the  city, 
shall,  by  order  ot  said  board,  be  lemoved  to  some  proper 
place,  not  exceeding  five  mihs  beyond  the  city  bounds,  to 
be  provided  by  the  board  at  tlif  exj)ense  of  the  person  who 
may  be  removed,  if  able  ;  and  the  hoard  may  order  furni- 
ture or  wearing  iippirel  to  be  destroyed,  whenever  they 
may  julge  it  to  be  necessary  for  the  health  of  the  city,  by 
making  just  compensation. 

c»nii  u>»t. nijj-  §  4.  In  case  any  canal  boat  or  vessel  shall  come  or 
bcrvavToi.  ^jg  ^JtJiin  either  of  the  canal  basrns  or  canal,  witliin  the 
jnrisdictioM  of  the  city,  and  the  said  board  of  health  .-hall 
believe  that  such  boat  or  vessel  is  danjzeroas  to  the  inhabi- 
tants  of  said  city,  in  consequence  of  her  bringing  and 
spreading  any  pestiL-ntial  or  infectious  disease  among  said 
inhahitants,  or  have  just  cause  to  susp«'ct  or  believe  that 
if  said  boat  or  vessel  is  suffered  to  remain  within  said  canal 
or  canal  basins  or  jurisdictions  afori'said  it  will  be  the  cause 
of  spreading  among  the  said  iidiahitants  any  ])esttkntial 
or  infectious  disease,  it  shall  aiid  may  be  lawful  for  the 
said  buard,  by  an  order  in  writing,  signed  by  the  president 
for  the  time  bi-ing,  to  ord»r  such  iioai  or  \  essel  to  be  forth- 
with removed  to  any  distance  not  exceeding  five  miles 
beyond  the  bounds  of  saiil  city,  niter  the  delivery  of  such 
order  to  the  owner,  master  or  consignee  of  said  boat  or 
vessel,  10  quarantine,  under  such  regulations  and  for  such 
time  af  the  council  or  the  board  of  health  may  j)rescrihc; 
and  if  the  master,  owner  or  consignee  to  whom  suc^h  order 
shall  be  delivered  sh.ilj  negleel  or  refuse  to  comply  there- 
with, or  if  alter  Huch  removal  such  master,  owner  or  con- 
signee tihall  negleet  or  refune  to  obey  the  regulations  which 
ruAy  be  prescribed,  the  said  president  mny  enforce  such 
fi-m'ival  or  ottier  regulation  in  sueh  mani.er  an  the  council 
may  by  ordinance  direct,  and  such  master,  owner  or  con- 


219  1857. 

signee  shall  be  cdnsidererl  guilty  of  a  misdemeenor,  and  on 
conviction  shall  bt;  fined  in  a  sum  not  exceeding  two  hun- 
dred and  fifty  dollars,  and  iinpi  isonment  not  exceeding  six 
months  in  the  jail  ol"  Will  county,  or  in  the  city  bridewell 
or  houise  ot  correction  by  any  court  having  cognizance 
thereof.     The  said  fine  shall  be  paid  into  the  treasury. 

§  5.     The  health  officers  maybe  autliorized  by  the  com-  no.iith    omrcM 
mon  council,  when  the  public  interest  requires,  to  exercise   "'^el'ftraoiher 
for  the  time  being  such   powers  and   perform  such  of  tlie   JuHex. 
duties  of  marslial,  street   commis>:ioner   and    constable  as 
the   common  council  may,  in   their  discretion,  direct,  and 
shall   be    autliorized  to   enter  all  housts  and  other  places, 
private  or  public,  and  boats  or  other  vessels,  at  all  times,  in 
the  discharge  of  any  duty  under  this  act. 

§   0.     The    common   council  shall  have   power  to  pre-  Comnxn  council 
scribe  the  powers  and  duties    of  the  board   of  health,  and    "no'[ ''"''*"* 
punish  by  fine    and    impris.-»nment,  or  both,  any  refusal  or 
neglect  to  observe  the  orders  and  regulations  of  the  board. 

§  7.  Every  person  practicing  pliysic  in  the  city,  wJio  PhvMciang  re- 
shall  have  a  patient  laboring  under  any  malignant  or  yel-  ill'^erulucaTc*. 
low  fever,  or  other  infeciious  or  pestilential  disease,  shall 
forthwith  make  report  thereof  in  writing  to  the  clerk  of 
said  I)oard,  and  for  neglecting  so  to  do  shall  be  considered 
guilty  o»  a  misdemeanor  and  be  liable  to  a  fine  of  fifty  dol- 
lars, to  be  sued  for  and  recovered  in  any  action  of  debt  in 
any  court  having  cognizance  thereof,  with  cost,  for  the 
use  of  said  city. 

Chapter  XL  —  Schools. 

§  1.     T!ie  city  of  Joliet  shall  be  divided  into  two  school  sciiooi  districu. 
districts,  as  follows  :     All  that  portion  of  the    city  lying 
west  of  the   Des  Plaines  river  shall  constitute  school  dis- 
trict number  one,  and   all   Ihat  portion  lying  east  of  said 
river  shall  constitute  district  number  two. 

§  '2.  There  shall  be  elected,  at  the  first  election  held  school  inspect- 
under  this  act,  three  school  inspectors  in  each  school  dis- 
trict, one  in  each  district  to  hold  his  office  one  year,  one 
two  yt  ar*>  and  one  three  years,  to  be  determined  by  lot, 
so  that  one  inspector  shall  be  elected  in  each  district  each 
year  thereafter,  to  hold  his  office  for  three  years. 

§'i>.     That  all  buildin'Trs  lots  and  property  belonrrincT  to  Property  of,  ves- 
the  several  school  districts  within  the  jurisdiction  of  siid 
city,  are  hereby  vest»d  in  said  city  for  school  purposes. 

^   4.     The  common  council  shall  have  power, 

First — To  build,  erect,  repair,  j)urchase,  hire  or  lease  Sftooi  hou?*!. 
buildings  for  school  houses  and  other  school  purposes. 

Sec  nul — To  buy,  condemn  and  appropriate  or  lease  sites  Scimoi      iu5n»e 
and  lots  for  school  houses  and  the  necessary  grounds.  '"'''• 


lS67.  220 

Ukr«ri«.  Third — To  furnish  schools  and  school- houses  with  the 

necessary  library,  turniturt*,  apparatus,  fixtures,  aj>i)urte- 
nances  and   conveniences. 

y„<^  Fourtfi — To  establish  and  maintain  schools,  anil  to  Kvy 

and  collect  taxes  tor  the  |>a\nuMil  of  teachers,  and  nil  other 
expanses  necessary  for  the  proper  suj)port  of  such  schools. 

c.«»^cQ>*uon  Of  Fifth— To  fix  the  amount  of  conipeu'^ation  to  he  allowed 
wjciic.-n.  jq  teachers. 

I  Si.i\h — To  j)rescribe    the  school   hooks  to  be   used  and 

the  studies  to  be  taught  in  tlie  ditfeient  schools. 

s^j>>.i  tD«r«ct-  Seventh — To  prescribe  ihe  duties  of  the  board  of  school 
inspectors. 

&.ti«>i  Mad.  Fit^hth — To  demand  and  receive  from  the  trustees  of 

schools  of  townsliip  thirry-five  north,  range  ten,  in  the 
county  of  Will,  and  from  the  tr*^asurer  of  the  scho  '1  fund 
of  saiJ  township,  semianniially,  such  portion  of  the  inte- 
rest of  said  school  fund  and  such  other  funds  as  the  school 
districts  of  said  city  or  the  scholars  therein  are  now  or 
hereafter  ir.ay  be  by  law  entitled  to  receive. 

-R'-iuuuoii     of      JWnfh — .\iid  gener;illy  have  and  jiossess  all  the  rights, 

Kbooi*.  powers   and  authority  necessary  for  tlie  proper  regulation 

and  management  ot  schools  in  said   city  and  to  enact  and 

enforce  such  ordinances,  by-laws  and  regulations  as  may 

be  necessary  to  carry  their  powers  and  duties  into  t  fleet. 

iin>»n lo b« ptib-  ^  6.  It  shall  be  the  duty  of  the  board  of  school  in- 
spectors, on  or  before  the  la't  Tuesday  in  each  school  year, 
to  pul»li-«h  in  the  corporation  newspaper  a  lull  report  of  the 
number  of  |>upils  instructed  in  tlie  year  ])receding,  the 
several  brandies  of  education  pursued  by  them,  the  amount 
paid  to  each  teacher,  the  incidental  expenses  o(  each 
school  and  the  receipts  and  expenditures  of  the  respective 
schools,  specifying  the  sources  of  such  recripts  and  the 
object  of  such  expenditures. 

*.  >  .•  J  .ifirt.,  ^  I].  Tiiat  all  that  |»art  of  section  three  whith  is  cast 
■'  of  l)e^  Plaiiies  ri'er,  the  whole  of  section  two  and  the  west 
half  of  section  eleven,  in  township  tiiirty  five  north,  r  inge 
ten  oast  of  the  third  princijial  meridian,  be  and  the  same 
are  added  to  aitd  made  a  p  irt  ol  sc!u)ol  district  number  two, 
and  secti.»n  four,  and  that  part  of  section  three  Ijing  west 
of  the  I)es  Plaitie.*!  river,  in  tlu;  same  township,  is  hereby  ad- 
ded to  and  made  a  part  of  school  district  number  one  in 
said  ci'y  of  Joliet,  for  school  purposes  and  no  other,  and 
the  <aid  city  ii  hereby  fully  authorized  and  cmj>owered  to 
levy  and  collect  t-txcs  on  all  the  pro|>erty  of  all  kinds  in 
said  tiTritory  hereby  annexed,  the  same  as  in  other  parts 
of  said  city,  (or  the  erecting,  bnihling,  leasing  and  repair- 
ing scho  1  houses,  and  furnishing  t!ie  same,  purchasing  li- 
braries and  nec'-^tfary  a|»pHratus  therefor,  thu  suppoit  and 
maintenance  of  sch  »(>h,  and  for  all  other  school  purjjoses, 
and  for   no  other    ptirpose,  and   to    have    and  exercise  all 


221  1857. 

necessary  jurisdiction  over  said  territory  and  tlie  property 
and  tlie  rij^lits  ofproperty  tliertin,  to  fully  carry  out  and  into 
effect  the  provision?  ot"  this  section;  and  the  It-gal  voters  of 
said  territories  hereby  attach.Ml  arpjif  rehy  :iuthori?:ed  to  vote 
for  school  inspectors  of  saiil  city  in  any  ward  of  said  citv,  in 
their  respective  school  districts,  and  are  hereby  declared 
eligibl'^  to  the  office  of  school  inspectors  in  their  resjjectivc 
districts.  Sej)'^rate  ballot  boxes  f  >r  each  ward  shall  be 
provided,  in  which  the  inspectors  of  election  shall  receive 
all  votes  cast  for  school  inspectors,  the  namea  for  which 
shall  be  on  a  separate  ticket. 

Chapter  XII. — For  the  sttppli/ing  of  the  City  with  Watery 

Gas,  S^'C. 

§  1.  The  said  ci^y  of  Joliet,  by  the  common  council,  watcr-wortr. 
shall  be  and  is  hereby  autiiorized  and  empowered  to  erect 
and  construct  water- works,  for  the  purpose  of  supplying 
water  to  said  city  and  the  inhabitants  thereof  and  to  com- 
panies and  to  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  acquiducts,  over,  along  or 
through  any  lands,  lots,  roads,  higliways,  streets,  lanes, 
avenues  or  alleys,  within  or  without  (he  corporate  limits 
of  said  city;  and  to  take  any  lot  or  lots  or  grounds,  within 
said  city,  for  the  purpose  of  building  or  making  necessary 
reservoirs  connected  with  said  waterworks;  also,  to  take 
and  use  any  and  all  necessary  grounds  at  such  spring  or 
springs  or  place  or  source  of  taking  such  water,  paying 
the  owner  of  such  spring  or  springs,  water,  land,  lots  or 
grounds,  a  reasonable  compensation  therofor  for  the  amount 
of  damages  occasioned  thereby;  and  in  case  the  city  coun- 
cil or  their  agent  or  attorney  cauiiot  agree  with  the  owner 
or  owners  for  such  spring  or  springs  or  water  and  for  the 
lands,  lots,  grounds  or  right  of  wa)  ,  for  the  price  thereof 
or  for  the  d&mage  occasioned  by  taking  the  same,  the  same 
shall  be  asjcertained,  determined  and  paid  in  the  manner 
provided  by  any  law  in  force,  f i  r  securing  the  right  of 
way  for  roads  or  railroads,  canals  or  other  purposes  of  in- 
ternal improvements. 

§  '2.  Said  city  of  Joliet  shall  l.ave  power  to  contract  Con»ucctkn  of. 
with  any  person  or  persons,  to  construct  said  water- works 
or  reservoirs  and  everything  necessarily  connected  there- 
with, for  furnishing  water  to  said  ci!y  and  to  the  inhabi- 
tants thereof  and  corporations  and  association''  as  shall  or 
may  flesire  to  use  the  same  in  said  city;  and  also,  said 
city  shall  have  the  power  and  authority  t  >  charge,  collect 
and  receive  such  reasonable  sum  or  sums  of  mor. -y  for  tlie 
furnishing  of  and  for  the  use  of  said  water  as  shall  or  may 


1S6T.  222 

be  deemed  just  and  proper,  and  to  pass  all  such  ordinan- 
ces, by-laws,  rules  eml  regulations  tor  the  protection  of 
and  concerning  such  water- works  and  the  use  of  such 
water  lurnislied  thereby  as  shall  or  may  be  deemed  neces- 
sary and  proper  for  the  interest  of  said  city  and  its  inhab- 
itants. 
sm  §  o.     Said  city,  by  its  agents  and  employees,  shall  have 

full  power  to  manut'ii''ture  and  sell  gas,  to  be  made  from 
anv  or  all  the   substances  or   a  combination  thereof  from 
which  intlammable  gas  is  usually  obtained,  and  to  be  used 
for  the  purpose  of  lighting  the  city  of  Jolietor  the  streets 
thereof  and   any  buildings,   manufactories,  public  places 
or  houses  therein  contained,  and  to  erect,  build  and  con- 
struct 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  :  Prui'uhd,  that  no  permanent  injury  or  damage 
sl.all  be  done  to  any  street,  lane,  avenue,  alley  or  public 
grounds. 
MMTifactore  of      §  4.     FoT  tlic  purjiosc  of  Carrying  into  effect  the  fore- 
^"gJworkli*^  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  aij^id  ]»ersonal  estate  and  i)roj>erty 
which  shall  or  may  become  necessary  for  those  i)urposes, 
and  shall  also  have  the  jtower  to  makft  any  and  all  neces- 
sary ordinances,  bv-laws,  rules  or  regulations  concerning 
the  manufacture,  sale  and  use  of  said  gas,  the  works  con- 
nected with  and   for  the  manufacture    tliereof,  concerning 
the  i-roi»erty  of  said  city,  and  to  charge,  receive  and  col- 
lect any  and  all  such  sum  or  sums  of  money  for  the  use  of 
said  gas  as   shall   be  deemed   right  and    j)roj>t.'r;  and  also, 
said  city  shall   have    the   power  to   lease  to  iny  j»crsoa  or 
persons,   company   or  corj»orations,   the   right  to    make, 
vend  and  sell   said  gas,  and  to   light  said   city,  its  streets, 
pjiblic  grounds  and  buildings  and  other  places  and  build- 
ing'', and  the  privileges  necessary  for  carrying  into  eflfect 
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  por'ions  of  said  city,  grounds  ancTbuildings 
as  shall  be  deemed  best  for  the  interest  thereof;  and  said 
city  shall  have  the  riglit  to  subscribe  to  the  stock  of  any 
gai  company  thus  formed,  and   to   buy,  sell   and  transfer 
ftock  in  the  same. 

Chaptkr  XIII. — Mviccllaneons  Provisions. 

u>  u  Firfit — Tlic  common  council  shall,  at  least  ten  days  be- 
fore the  annual  eb.'ction  in  each  year,  cause  to  be  pub- 
li.'thcd  in  two  ncwsj-aptrs  in  said  city,  a  full  and  correct 
f  tatement  of  the  recei]>t9  and  expenditures  from  the  dat« 


223  1857. 

of  the  last  annual  report,  togetlier  with  the  sources  from 
whence  the  lornier  are  derived  and  tlieir  mode  of  disburse- 
ment; and  also,  a  distinct  statement  of  the  whole  amount 
assessed,  received  and  expended  in  the  respective  wards 
and  divisions,  for  makin^i^  and  repairing  roads,  highways, 
streets,  alleys  and  l-ridges  for  tlie  same  period,  together 
with  such  other  information  as  may  be  necessary  to  a  full 
understanding  of  the  financial  concerns  cf  the  cit}. 

Sicond — Neither  the  mayor  or  common  council  shall  ^^^^^l^^l^l 
remit  any  fine  or  ]>enalty  imposed  upon  any  person  for  the  't  '• 
violation  of  the  laws  or  ordinances  of  said  city,  or  release 
Irom  imprisonment  unless  two-thirds  of  all  the  aldermen 
authorized  to  be  elected  shall  vote  for  such  release  or  re- 
mission; nor  shall  anything  in  this  net  be  so  construed  as 
to  oust  any  court  of  jurisdiction  to  abate  and  remove 
nuisances  in  the  streets  or  any  other  parts  of  said  city  or 
within  its  jurisdiction  by  indictment  or  otherwise. 

Third — No  vote  of  the  common  council  shall  be  re  con-  votes  not  to  be 

•11  -j.i.  •!  »•  1  L  I      reconsidered. 

sidered  or  rescinded  at  a  special  meeting,  unless  at  such 
special  meeting  there  be  present  as  large  a  number  of  al- 
dermen as  were  present  when  such  vote  was  taken. 

Fuurlli — The    cemetery  lots  which  have  or  may  here- cemetery  lou. 
after  be  laid  out  and  sold  by  said  city,  for  private  places 
of  burial  shall,  with  the  aj)piirtenances,  forever  be  exempt 
from  execution  and  attachment. 

Fifth — Every  ordinance,  regulation  or  bylaw  imposing  ordinances  to  be 

-^  ,,        c  •  •  ,.  c     c   •».  c  -1  published. 

any  penalty,  fine,  imprisonment  or  lorieiture,  lor  a  viola- 
tion of  its  provisions,  sliall,  after  the  passage  thereof,  be 
published  one  week  in  the  corporation  newspaprr,  and 
proof  of  such  publication,  by  the  affidavit  of  the  printer  or 
publisher  of  said  newspaper,  taken  bclore  any  officer  au- 
thorized to  administer  oaths,  and  filed  with  the  city  clerk, 
or  any  other  competent  proof  of  such  j)ublication,  shall  be 
conclusive  evidence  of  the  legal  publication  and  promul- 
gation of  such  ordinance  or  by-la^  in  all  courts  and 
places. 

Si.vth — All  actions  brought  to  recover  any  penalty  or  Actions    to   u 

t>roucht  in  cor* 

forfeiture  under  this  act  or  ordin?nces,  by-laws  or  police  poraic  name. 
regulations  made  in  pursuance  of  it,  shall  be  brought  in  the 
corporate  name.  It  shall  be  lawful  to  declare  generally 
in  debt  for  such  penalty  or  forfeiture,  stating  tlie  clause  of 
this  actor  by-laws  or  ordinances  under  which  the  penalty 
or  forfeiture  is  claimed,  and  to  give  the  special  matter  in 
evidence  under  it. 

Seventh — Execution  may  be  issued  immediately  on  the  Kxecuiion  maj 
rendition  of  judgment.  If  the  defendant  in  any  such  action 
have  no  goods  or  chattels,  lands  or  tenements  \s  hereof  the 
judgment  can  be  collected,  the  execution  sliall  recjuire  the 
defendant  to  be  imprisoned  in  close  custody,  in  the  jail 
of  Will  county  or  bridewell  or  house  of  correction,  for  a 


1S57.  224 

term  not   exceeding  six   months,  in  the  discretion  of  tlie 
inaijistrate  or  court  rendering  jiulgment ;  and  all  persons 
who  may  be  committed  under  this  section  shall  be  con- 
tineu  one  day  for   each  fifty  cents  of  such  jtidgment  and 
cost.     AM  expenses   incurred   in   jiroseculing  fur  the  re- 
covery of  any  penalty  or  forfeiture,  when  collected  shall 
be  paid  to  the  treasurer  for  tlie  use  of  the  city. 
B,,^^  p^ni'.ij      Eis^hfh — And  any  person  or  persons  who  shall  injure  or 
J;J^^^'^^.";  destroy  any  bridge,  the  construction  of  which  may  have 
r'  {<•«?•  been    heretolore  <>r  may   be   hereafter  authorized  or  per- 

mitted   to  be   built   by  the   common   council  or  any  other 
j)ub]ic  building  or  property  belonging  to  said  city,  or  shall 
cause  or   procure  the  same  to  be  injured  or  destroyed 
shall  be  subject  to  a  penalty  not  exceeding  five  luindred 
dollars  for  each  otTence,  to  be  recovered  by  the  city  in  any 
action  of  debt,  and  m;»y  be  imprisoned  for  a  term  not  ex- 
ceeding  six  months,  in   the  discretion   of  the   magistrate 
before  whom  such  conviction  may  be  had;  and  such  per- 
son orpersoTis  shall  also  be  liable  in  a  civil  action  at  the  suit 
of  the  city  for  the  damages  occasioned  by  such  injury  or 
destruction. 
p«r*Mi«  Bot  t->  be     A'infh — No  person  shall  be  an  incompetent  judge,  justice, 
SwU^wbT*  w'l"-  witnes?  or  juror,  by  reason  of  his  being   an  inhabitant  or 
tfctT*  »^r  n^  freeholder  in  the  city  of  Joliet,  in  any  action  or  proceeding 
t»i;-aiiua(tLe  in  wliich  the  «aid  city  shall  be  a  party  in  interest. 
ord.n»a.-«     la       Tenth — All  Ordinances,  regulations  and  resolutions  now 
*'^*  in  force   in  the   c»ty  of  Joliet,  and   not   inconsistent   with 

this  act,  shall  remain  in  fore  under  this  act  until  altered, 
modified  or  repealed  by  the  common  council  after  this  act 
shall  take  effect. 
,  ,.vi       FJ<  ven'h — All  actions,  rights,  fines,   penalties   and   for- 

feitures in  suit  or  otherwise,  wliich  huve  occurred  under 
tcffiT  Br.M.  the  several  arts  of  consolidation  Inrein,  shall  be  vested  in 

and  proseTUt'd  by  the  corporation  heieby  created. 
rra^Ttr  Te*u«!       Tvetfth — All  property,  rral,  |)ersonal  or  mixed,  belong- 
la  xhm  0.-PO-.   jpg  Jq  iIhj  pity  ,,f  Joliet,  is  htrtljy  vested  in  the  corporation 
•••<.  created  by  this  act,  and   the  officers  of  said    corporation 

now  in  office  shall   respectively  continue  in  the  same  until 
fiupercpdfd  in  conformity  to  tlie  j)ro\isions  herecjf,  but  shall 
be  f»ov*>rnrd  by  this  act,  which  shall  take  effect  from  and 
after  its  passage. 
OH.B*neMnu<t«       Thirl*  mtli — All  ordinances  of  this  city,  when  printed  and 
•"*••*••          publiih«>d  by  aiith:)rity  of  the  common  couiutil,  slu'.ll  be  re- 
ceived in  all  courts  and  places  without  further  proof. 
Tbj*  ftri  v>  w»      Ft}urti ,  nth     Thi;  act  .shall   be  deemed  a  j)uhlic  act  and 
***■""'*"        may  be  md  in  evidence  without  proof,  and  judicial  notice 

^ha!I  be  takpu  the;   of  in  all  courts  and  placis. 
Ciwnii  ri   '4      Fijtrtixth     All  offir-f-rs  of  th«^  city  created  conservators 
^^*'"^'  of  the  peace  by  this  act  shall  have  power  to  arrest  or  cause 
to  be  arre»teH,  with  or  without  process,  all  persons  who 


525  1857. 

sliall  break  or  threaten  to  break  the  peace,  commit  for 
examination,  an^l,  if  necessary,  detain  such  person?  in 
custody  over  niglit  in  the  watch- liouse  or  other  safe  place, 
and  shall  have  and  exercise  such  other  power*?  as  conser- 
vators of  the  peaco  as  the  common  coujicil  may  prescribe. 

SLvft'nifh — That  nothing  her<*in  contained  shall  invest  Liwnro  to  »fii 
the  common  jouncil  of  the  city  cf  Joliet  with  autlioritj  or  quort"""'  ''" 
power  to  grant  any  license  for  or  in  any  manner  authorize 
the  selling  or  G;ivinnr  away  of  any  spirituous,  vinou",  mixed 
or  fermented  liquors  in  conflict  witli  any  general  prohib- 
itory law  o(  tliis  state  now  in  force  or  which  may  here- 
after be  in  force. 

Sevoifcenfh — Tiie  city  of  Joliet  shall  not  be  Ii;ib?e  in  any  city  n.t  t«  i.* 
case  tor  tlie  board  or  jaii  tee?  ot  any  person  who  may  be    orjiiifees. 
committed  by  any  officer  of  the  city  or  by  :iny  magistrate 
to  tlie  jail  of  Will  county  for  any  offence  punishable  under 
the  laws  of  thia  state. 

Kightcentk — Nothing  in  this  act  shall  be  ?o  constiMed  as  city  rpuncii 
to  deprive  the  common  council  of  said  city  of  any  power  or  f*'""*'''- 
authority  conferred  upon  the  same  by  the  act  incorporating 
said  city  and  th^  various  acts  amendatory  tliereto;  but  the 
common  council  shall  possess  and  enjoy  all  the  j)oweis  and 
authority  heretolorc  conferred  upon  the  same,  except  so 
far  as  such  powers  and  authority  have  been  expressly 
modified  or  repealed  by  this  act  or  acts  heretofore  men- 
tioned. 

AViiftecnth — The  real  and  personal  property  within  said  ony     propery 
city  shall  be  exempted  from  all  taxes  to  be  raistd  in  town-    '^"tbip  'ux- 
sliip  thirty-five  north,  rang3  ten  east  of  the  third  principf.1    '^^'"' 
meriiiian,  for  building  and  repairing  bridges,  opening  and 
repairing  highways,  building  and  repairing  school  houses 
and   for  tlie  support  and  maintenance  of  schools,  except 
such   as  shall  be   raised   by  or  under  the  suthority  of  the 
common  council. 

Chapter  XIV. —  The  Election   of  Police    Magistrales — 
Their  Powers,  ^'C. 

§  1.  There  shall  be  elected  in  said  city  two  police  Pouce  nvuu- 
magistratpcj  one  at  the  next  municipal  elect  on,  to  hold  -^''^■• 
his  oflire  f)r  four  years,  and  one  at  th*^.  municipal  election 
for  the  year  eighicen  hundrf^d  and  fifty-eight,  to  be  suc- 
cessor of  ♦.he  police  magistrate  now  in  ofT.ce,  and  hold  his 
office  f  .r  four  years  th*>reafter;  and  there  shall  be  others 
elected  at  the  CA'piration  of  every  four  years  thereafter 
respectively. 

§   2.     S»id   police   magistrates   r.-hen    elected   shall   be  to  b«  esunmi.. 
commissioned  and  qualified  in  the  same  manner  as  j".stires    [^'°wr«oi.  *°^ 
of  the  peace  are,  and  .-.hall  have,  in  said   city  and   in  Will 
county,  tlie  same  jurisdiction,  powers  and  r.noluments  as 
—37 


1S57.  22G 

oilu  r  iiislice?  of  the  j.eace  hi  this  slate;  aiiJ  thoy  shall 
aliio  hu\  e  juris4iotion  in  all  cases  arising  luulor  the  ordi- 
iiRncos  ami  b)-laws  of  saiil  city,  and  for  any  breaches 
thereof,  when  the  amount  claimed  does  not  exceed  one 
hundred  dollars,  and  siiall  be  entitled  to  the  same  fees  as 
jii<!tices  of  the  peace  now  are  for  similar  servicesj  which 
sh.ill  be  collected  in  the  same  manner. 

c  ww^afTwa*..  ^  ;j  j,r^  ^ij  c^ges  arijiinc;  under  the  ordifianoes  and  by- 
laws of  said  city,  change  of  venue  shall  be  allowed  from 
one  of  said  police  magistrates  to  the  other,  to  be  applied 
for  in  the  same  manner  and  granteil  on  the  same  condi- 
tions and  in  the  same  manner  as  change  of  venue  from 
jastices  ol  tlie  poace  now  are. 

ri».iic«.  ^  4.     Xlie  rules  of  praclice  and  proceeding  before  such 

police  magistrate  shall  conform  to  the  practice  and  pro- 
ceedings bef'Te  justices  of  ihe  peace,  except  in  cases  where 
any  person  shall  be  arrested  by  the  police  of  said  city,  for 
violition  of  any  ordinances  thereof,  and  brought  before 
cither  of  said  police  magistrate.s,  iii  which  case  trial  shall 
be  had  in  a  summary  mai.uer  and  may  be  without  complaint 
or  process. 

ciiy  mirfbii  tr  §  5.  The  city  marshal,  the  police  canstablos,  all  town 
"'  p*tJ^.  const'dbles  of  Will  county,  are  lu  rcl»y  authorized  to  exe- 
cute all  processes  and  orders  issued  or  made  by  said  police 
magistrate.",  and  are  further  authorized  and  empowered 
to  arrest,  with  or  witiiout  pruce.'^s,  any  or  all  persons 
knov^'n  to  have  violated  any  ordinances  or  b)-laws  of  said 
city,  and  take  such  person  before  one  of  said  police  mag- 
istrates to  be  tried  for  such  violation. 

&  0.  Ajipeals  shall  be  allowed  ii  om  the  decision  of  said 
police  magistiates,  in  all  cases,  to  lie  applied  for  and  taken 
in  the  same  m<innerthat  appeals  from  juslijes  ol  the  peace 
may  be  taken. 

■  •tt«ofint»f«  §  7.  If  at  anytime  a  police  magi.'^trate  shall  remove 
from  said  city,  or  the  <,fl)ce  shall  from  any  other  cause 
become  vacant,  there  shall  be  a  new  election  to  fill  such 
vacincy,  the  city  clerk  giving  notice  of  the  time  and  ))laco 
of  ludding  such  eleetion,  in  tin-  corporation  n(  wPj)aper  at 
least  ten  days  pre\  iou!)  tliereto. 

5  8.     This  act  shall  take  effect  and  be  in  force  from  and 


ci«cTi:c  pruceM 


A;-,->eiu. 


a.>(.  I'.'jiW. 


aftt-r  its  passage. 

ArpRuvEoJan.  -A,  1857. 


227  1857. 

AN  ACT  to  vacate  a  ceilain  alloy  in  the  town  of  Sycamore,  in  tbe  coun      jan  3i,  i367 
ty  of  no  Kiilb. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Ulinuis^  represeiiled  in  the  (ieneral  ^'IsHcinh/y,  That  tlio 
alley  in  block  number  seventeen  (17,)  in  the  town  ol"  Syca- 
more, in  the  county  ol  De  Kalb,  be  and  the  same  is  hereby 
vacated. 

§  -1.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  pa^saj^e. 

Approved  Jau.  31,  1867, 


AN  ACT  co.ic  ruing  fi:ic3  and  forfeittiraa  vvilhin  tbo  limils  of  iLe  city  of    j.,n.  31,1957. 

lieaidslown. 

Section  1.  Be  it  enatted  hy  the  people  of  the  state  of 
li/inuisj  represented  in  the  General ^^ssenibfy^  That  iiere- 
after  all  fines  and  forfeitures  collected  for  penalties  incur* 
red  within  the  incorporate  limits  of  the  city  of  Beards- 
town,  in  Cass  county,  shall  be  paid  into  the  treasury  of 
said  city  by  the  orficers  collecting  the  same. 

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

Approved  Jan.  31,  1857. 


AN  ACT  to  vacate  the  alley  in  block  nineteen  (19.)  in  tliO  town  (now    Jan.  31,  1557. 
city)  of  Kockfonl. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
lllin()i>tj  represented  in  the  General  ^'Isscmbly^  That  the 
alley  in  block  nineteen  (10,)  in  the  town  (now  city)  of  Aiiey  T8c«t«Hi. 
Rocklord,  west  of  Rock  river,  in  Winnebago  county,  as  the 
same  is  marked  and  designated  on  the  map  or  plat  of  that 
part  of  said  town  (now  city,)  on  record  in  the  recorder's 
office  of  said  Vr'innebago  county,  be  and  the  same  is  here- 
by vacated;  -irid  thorespective  lots  in  said  block  shall  be 
deemed  and  Ukeu  each  to  extend  to  the  centre  line  of  said 
alley. 

§  2.     Tills  act  is  declared  to  be  a  public  act,  and  sliall 
be  in  force  from  end  after  its  passage. 

Approved  Jau.  ol,  1657. 


1S57.  1^28 

3\:^  Si,  i5iy7.  AN   AT  to  c'...\ngo  the  name  of  Elizabolh  Smith. 

Secti  ON  1 .  ^e  if  enac/rd  hi/  the  peop'e  of  the  st<ite  of  IIH- 
tiois,  repre^'futeit  tn  the  (ientra/  ^isstjuh/i/,  That  the  name 
ol"  E'izubfth  Smill.,  ot  White  county,  lliinuij',  be  and  the 
ttkxae  19  hereby  chungtvl,  lor  all  purposes  whatsoever,  to 
the  name  of  Elizabeth  Hudson.  This  act  sliall  take  effect 
and  be  in  force  Irom  and  afttr  its  passage. 

Apphoved  Jan.  ol,  1607. 


Kttcn  Aitnf^l. 


j>n  u.  \sr.  AiV  ACT  to  cbange  the  nnmcs  of  certain  persona  therein  named. 

Section  1.  Bf  it  enacted  hi/  the  peaji/e  of  the  state  of 
li/itun's,  rejn-Lse.ited  in  the.  Cienerat  xlsseini<ly^  That  the 
name  of  Mary  Ann  rucking  be  changed  to  that  of  Mary 
Ann  Benntlt;  tlinl  the  naiue  of  Bernard  John  Focking  be 
changed  to  that  of  Bernard  John  Bennett;  and  that  the 
name  of  John  B.  Focking  be  changed  to  that  of  John  Felt- 
houi  Bennett;  and  tJ:at  the  name  of  William  Watson,  of 
Ciiicago,  be  and  the  same  is  hereby  changed  to  WUliam 
Sneed  Watson. 

§  -.     Tiii.s  act  shall  Ic  in  force  from  and  after  its  pas- 

Approved  Jan.  ul,  1857. 


Jwi  n,iVT.     AN  ACT  to  changa  the  nam?  of  'he  town  of  Butler,  In  the  county  of 

Wiiiiicbagii. 

Section  1.      /?>'  it  rnartrd  /;y  tlie  people  <f  tlie  state  oj 

niivuity  reprrsenttd  in  the   Cciirral  Jlssvvihftj^  Tliat  the 

VAa«(taw~).    name  of  the  town  of  Bi^tlur,  in  Winnebago  county,  be  and 

the  same  is  hereby  chang'^d  io  that  of  Cherry  Valley. 
oflMn  Of  Mil      §  -•     Thatthc  rerj»Tt'\e  ofTic  era  of  said  town  of  Butlo? 
i#irB   tmA   r»-  be  and   remain  the  oincerfi  of  said   town,  by  tin;  na»no  of 
***  Chcrr  ■  Valley,  lor  the  samo  term,  with  tlic  same  duties 

and  liabilities,  B<)  if  this  act  had  not  been  pas:;ed;  and  that 
•11  property  and  rights  of  said  t"wn,  by  the  .name  of  But- 
ler, l>o  8nd  th'""  same  ar«;  lu-reliy  declared  vested  in  said 
to-wn,  by  the  name  of  Chrrry  Valley. 

4  ."..     This  act  if  cl'-rlarrd  to  be  a  public  act,  and  shall 
be  in  force  from  and  aftiT  its  passage. 
Approved  Jan.  31,  1H'>7. 


22'J  1587. 

AN  ACT  to  incorporate  the  Quincy  and  Toledo  Uailrodd  Company;  to  le-  Jan.  31,  hot. 

fali/.c  thf;  BiibarripHoTi  of  tlie  ci^y  of  Quii-cy  and  tlie  roui.ly  of  firown 
0  the  capital  sleek  of  ttit-  N'crtheni  Cro.sa  K.iilroad  Coin|)at>y  and  thft 
bonds  iBdiied  or  to  \  e  iisui-d  by  Baiu  city  and  county  in  payiiit-nt  for  said 
itock;  to  ainer.d  tlie  ctiarter  of  'he  Great  Western  l(ailro;id  Company  of 
the  state  of  Illinoii*,  and  le^aii/o  aud  confirm  the  contract  of  euid  com- 
pany with  Jamas  \V.  Singleton. 

Section  1.  Be  it  enacted  by  the  people  nf  the  fttate  of 
Illinuis^  re/>7'csejttt(l  in  the  General  ♦//vstm/v/y,  Tli at  James 
W.  SiiMjIeton,  lii'j  associates,  sucoessors  and  as^igiis,  are '^"^y  ^'"^  ">' 
hereby  created  a  body  corporate  and  politic,  uiulnr  and  by 
the  name  and  style  of  "The  Quincy  and  To!»mIo  itailroad 
Company,"  with  perpetual  succession;  ai»d  by  that  name 
shall  be  ami  are  hereljy  made  capable,  in  law  and  equity* 
to  sue  and  be  stied,  to  plead  and  be  impleaded,  defend  and 
be  defended  in  all  courts  ut  law  and  equity  in  this  state 
and  elsewhere;  to  make,  have  and  use  a  common  seal,  and 
tlie  same  to  renew  and  alte.r  at  pleasure;  and  riiall  be  and 
are  hereby  vested  with  all  tne  powers,  privileges  and  im- 
munities, which  are  or  may  be  necessary  to  carry  into  ef- 
fect the  purposes  and  objects  of  this  act.  And  the  said  oijocts. 
corporation  iiereby  create<l  is  authorized  and  empower- 
ed to  locate,  construct  and  finally  complete  and  ])ut  in 
operation,  a  railroad,  from  the  east  end  of  the  depot  ground 
of  the  Northern  Cro<s  Railroad  Com[)an3',  ac  Camp  Point, 
in  the  county  of  Adams,  to  tl;e  east  ^ide  of  the  Illinois  river, 
at  or  near  Najiles  or  Meredosia,  and  so  as  to  connect  the 
same  with  the  track  of  the  Great  Wtstern  Railroad  of  Il- 
linois :  Provided,  that  the  construction  of  the  contempla- 
ted bridge  shall  not  obstruct  the  navigation  of  tiie  Illinois 
river. 

§  2.  And  for  the  purpose  of  constructino;,  maintaining,  Ei?nts. 
equipping  and  operating  said  railroad  the  corporation  here- 
by created  shall  have  and  may  use,  exercise  and  enjoy  all 
the  rights,  powers,  privileges,  franchises  and  imuiunitieS 
which  by  the  several  acts  of  the  legislature  of  Illinois  are 
conferred  on  the  Northern  Cross  Railmad  Company,  to- 
gether with  tlie  power  to  mortgage,  lease  or  sell  said  road 
to  any  odjer  company  or  corporation. 

§  o.  The  Great  Western  Railroad  Company  of  the  ftr.*!  weftcm 
state  of  Illinois  be  and  they  are  hereby  authorizetl  and  em-  v*',y  ,anr  "m- 
powered  by  the  president,  to  indorse  tin;  bonds  of  the  cor- 
poration litMi'by  created,  and  to  guarantee  -in  I  secure  tho 
payment  of  tlie  principal  and  interest  of  said  bonds,  and  at 
the  place  of  payment  thereof  as  the  same  may  become  duo 
and  payable.  The  words  "guaranteed  by  the  Great  Western 
Railroad  Compuny  of  the  state  of  Illinois,"  written  or  print- 
ed upon  the  said  bond  01  bonds  and  sii^ned  by  the  president  of 
said  company,  f^hall  be  and  is  hereby  deelan-d  to  be  a  cove- 
nant of  said  Great  Westtrn  Railroad  Coir pany,  to  and 
with  the  holder  or  holders  of  said  bonds  or  bor.d,  to  pay 


(l.r.i-  Uocds. 


1S5T.  '230 

to  such  holder  or  holders  the  principal  and  interest  thereof, 
es»  the  same  may  becrnie  dne  and  payable.  And  tlie  contract 
between  the  said  Great  Wtsti  rn  h'hihoad  Company  and 
Mnu9  W.  Sm^letcn,  dated  the  twelfth  day  of  September, 
,  is  hereby  declared  to  be  valid  n!id  binding  upon  the 
J  _  us  tlurt'lo,  in  all  conrts  of  law  and  eqnity  in  this  state 
and  elsewhere,  as  to  their  respective  undertakings  therein- — 
t!»e  power  and  authority  to  exi  cute  the  same  being  hereby 
granted  to  the  parlies  respectively. 
y       §  4.     That  the  act  of  John  Wood,  mayor  of  the  city  of 

'•\  •  Qnincy,  datod  the  (^tUh)  sixth  d.iy  of  Ai.gust,  18."6,  wliereby 

the  said  Joim  Wood,  on  behalf  of  the  said  city,  snbscribcd 
to  the  capital  stock  of  the  Northern  Cross  Railroad,  pursu- 
ant to  an  ordinance  of  the  city  council  of  said  city,  dated 
the  fjurth  day  of  August,  I'^T)!],  ur.thori/.ing,  empowering 
end  directing  the  said  John  Wood,  mayor  as  aforesaid,  to 
8'ib:?cribe  two  hundred  thousand  dollars  to  the  capital 
stock  of  said  Northern  Cross  Railroad  Compati},  together 
with  the  acts,  doing.^  and  agreements  of  the  city  council 
of  the  said  city  of  Quincy,  and  the  same  arc  hereby  legal- 
ized, ratified  and  confirmed.  And  all  bonds  of  the  said 
city  of  (iuiiic),  issued  or  to  be  issued  in  payment  of  said 
subscription  of  two  hundred  thousand  dollars,  shall,  in  all 
respects,  be  and  ure  hereby  made  i\  debt  of  said  city  of 
Quincy,  due  to  the  holder  or  holders  ot  such  bonds,  con- 
tracted by  said  city  of  Quincy,  under  authority  of  law  : 
Pri/ri/nl,  that  sni(^  bonds  shall  b'*  and  remain  in  th»'  hands 
of  Isaac  O.  Woodruff,  of  said  city  of  (Quincy,  until  said  road 
is  graded  from  ('amp  Point,  in  the  count)  of  Adams,  to  Mount 
Sterlii'g,  in  Hro.vn  county.  Thereupon  the  .^aid  Isiiac  O. 
Wo'-druff  shall  deliver  one  hundred  thousand  dollars  of 
laid  bonds  and  retain  the  rcmainci  thereof  in  hts  hands 
tJiitil  said  roal  is  graded  to  the  Illinois  river:  Proviilcdy 
nothing  in  this  act  siiall  be  «;o  con  trued  as  to  j)revent  the 
city  cotin'il  of  said  city  from  aulhor'zing  an  earlier  de- 
livery of  s^id  l»on<Is,  if,  in  their  judgment,  the  interest  of 
the  city  rrcjnires  it  ;  and  the  said  city  council  are  hereby 
Jiuthori/ed  and  imp)weredto  levy  and  collect  a  special 
tax,  for  the  payment  of  th"  interest  of  saitl  bonds. 

f>^.^iiKi«i  of       $   •''•     T*'^'  subscription  of  Jncob   Vandeventer,  county 

•HvsQiw.-./.  jijffge  of  th*  county  oi  Lrown,  lUMdc  for  and  r)n  behalt  of 
Baid  county,  of  «>ne  hundred  thousand  d()llars,  to  the  capi- 
tal stock  of  the  Northt  rn  Cross  Railroad  Com]>any,  be  and 
ih';  act  of  naid  county  judge  iw  liereby  legalized,  ratified 
and  confirmed.  Anil  th«-  said  county  j'HJge  of  the  county 
of  brown  i«»   loT»by  aiitl  orizfd,  emi)owere«l  and  directed 

»«*<  to  mdkc,   vxfcmx   and  (leli\  •  r  to  tfie   p(  rson   or  personn, 

cMnpany  or  coiporaiion  enlithd  to  receive  the  same,  one 
hundred  bondi  of  the  coun'y  of  Brown,  fr»r  one  thousand 

WMt^  dollars  each,  b'aririg  a  rate  of  interest  not  greater  than 


231  1857. 

eight  per  cent,  per  annum,  and  said  interest  payable  semi- 
annually in  tliR  city  of  N^w  Ynrk,  at  the  M<'troj)olitan 
Bank,  on  the  first  days  of  January  and  July,  ot  each  year; 
and  the  principal  of  said  bonds  payable  in  ten  years,  at  the 
same  placp,  in  liie  city  of  New  York,  upon  receiving  an 
equal  amount  of  tiio  stork  of  the  Great  Western  Railroad 
Company  of  tlie  state  of  Illinois;  and  the  said  bonds,  so  to 
he  issued  as  aforesaid,  sh-^ll,  to  all  intents  and  purposes, 
be  end  ri'niaiu,  until  the  interest  and  principal  thereof  is 
fully  paiJ,  a  debt  of  tlie  said  county  of  Krown,  due  to  the 
holler  or  holders  of  said  bonds,  contracted  by  the  said 
county  of  Bro'.vn,  und«^r  autliority  of  law. 

§   G.     And  it  shall  be  lawful  for  said  city  or  said  county  ^^•''^  I'^y**'^' 
to  make  their  bonds  payable  at  any  banking  house,  in  tho 
city  of  Nt'W   York  or  Hostoji,  which  may  be  agreed  upon 
by  the  parties  interested. 

§  7.     This  act  to  be  in  force  from  ajid  after  its  passage. 

Appro\  ED  Jan.  31,  18o7. 


AN  ACT  to  legalize  the  procecvli»i,£:3  of  tli?  board  of   g-ipervig.  re  of  l^•^    jji-..  21, 1857. 
county  of  Mc Henry. 

Wherea*  by  a  resolution  of  the  board  of  supej-visors  of  Rosomuon of  u.« 
the  coun<:y  of  McHenry,in  the  state  of  Illinois,  adopted    jng  :in  agent  for 
at  a  speciil  meeting  of  said  board,  held  at  Woodstock,    •'^'"^■""'y- 
in  said  county,  on  the  2(3th  day  of  Marclj,  A.  D.  IMoO, 
Ela^a  M.  Lamb,  as  agent  for  said  county  of  McHenry, 
was  authorized  to  ra>.ke  out  and  deliver  to  Neill  Don- 
nelly a  good    and    sufficif^nt   deed  of  conveyance  to  «:ix 
feet  of  land  froiiting  on  the  public   square,  in  the  town 
of  Wood'^toek,  which  land  had  !)een  previously  donated 
to  ?aid  county  tor  county  buildings,  and  wldoh  said  deed 
has  been  executed  according  to  said  resolution,  and  the 
said  Donnelly  has  since  erected  valuable  improvements 
thereon;  and  whereas  doubts  exist  in   relation   to  the 
regularity  of  the  said  manner  of  conveyance;  there- 
fore, 

Section  1.  lie  it  cnnrted  hxj  the  -people  nj  the  state  oj 
Illinois^  represented  in  the  Genrrnl  Assemhfij^  That  the 
acts  and  proceedings  of  said  board  of  supervise  "  of  A<ix<^tk'<b.«^ 
McH-^niy  county,  and  of  their  said  agents,  in  rf'lati  m  to  "^^"i^'i'^ 
the  sai<\  convey ancp,  be  and  the  same  arc  declar-  it  'eual 
and  valid,  antl  tiut  the  said  deed,  in  the  munner  in  whit  h 
the  sam*;  has  been  executed,  be  deemed  good  a  »d  sntfi- 
cient  and  effectual  in  law  to  coavey  to  the  said  Donnelly 


all  tlio  title  to  the  saM  piece  of  land  which  the  said  countj' 
of  McIIiiirv  htlU  at  the  lixiie  of  ihi;  aduplion  of  the  said 
re^iolutii  n. 

^  '2.     This  vict  to  be  in  force  from  and  after  its  passage. 

Ai'PBovKD  Jan.  ol,  1867. 


j»B.M,iSi~.  AN   ACT  to  inrorpftrato  ihc  Gjilena  Holrl  Conipain-. 

Section  I.  /it  it  vnacitti  by  tht  petiple  oj  i/ie  state  oj 
niinuis,  represeutrJ  m  the  Gtutrul  m^Jsst  f/i!  li/^  That  John 

>»r^.>.  o<  tv*!-  Lorrain,  Madison  Y.  Johnson,  Lucius  S.  Ftlt,  Angnstus 
Estty  and  Dickcrson  B.  Mortdiouse,  with  such  other  per- 
sons u^•  are  or  may  bfooine  stoekhoiders  in  the  "Ciflena 
Hotel  Company,''  are  heifhy  jncor}uu"ated  as  a  body  j)ol- 
itic  and  corporate,  by  tlie  name  and  style  of  the  *'Ga- 
lena  Hotel  Compnny  ;"  and  under  that  name  and  style 
shall  be  capable  of  contracting  and  being  contracted  with, 
suing  and  being  sut-d,  in  law  and  «(jnity,  in  nil  places 
whatb'oevcr,  in  is  full  ;ind  ample  /nanner  as  natural  per- 
sons ;  and  may  make  and  use  a  common  seal,  and  alter  or 
renew  ihe  i?ame  at  pleasure ;  and,  by  their  corporate 
name  and  seal,  may  contract  and  be  C'»ntracted  with  ;  and 

r- •      *  '.^','-  bIimII  be  and  are  hen  by  invested  will;  all  the  ])owers,  im- 

-.,*..,.  mtjnities    and   franoin.scs  nr'ces>*ary  in   accjiiirin^j,   holding 

and  coiivojing  all   rciil  and   personal   pro])trty  \\hieh  may 

be  needful  to  carry  into  effect  the  purposes  and   object  of 

this  act. 

i  .  .  'f  oii-  (  -•  The  capital  stock  of  said  corporation  shall  ho  one 
*  "  *•  hundred  and  fifty  thousat»d  dollars,  di\ided   into  shares  of 

one  luindred  dollars  cijch,  whiih  shall  he  tleemed  personal 
properly,  and  may  be  issued  and  translVrrt-d  in  nuch  man- 
n»  r  as  the  boar<l  of  directors  rriay  jjreseiibe,  who  shall 
have  power  to  make  nsses«imi  nts  on  the  stockholders,  in 
filth  manner  as  they  may  think  proper,  in  liqtn'dation  of 
the  ir»ih  htednej<9  of  said  comfivny;  and  on  refusal  or  neg- 
lect of  any  Miickholdrr  to  m.ike  pa)ment  as  aforesaid,  on 
.  ^  -^o-  reqniiilion  of  the  bo.ird  ol  directors,  th^i  share  or  shares 
of  luoh  delii:cjuenl  Uiay  be  sold  by  the  'jr<lur  of  the  bo;ird, 
by  giving  ten  day*'  notice,  untler  such  rules  and  by-laws 
a*  ma;,  be  eitabliNhed  by  the  hoard,  and  the  surjdus,  after 
di  ducting  tl.e  asfes^ment  due  said  corporation,  shall  bo 
paid  to  such  delinquent  fitockh<dder. 

II-.W1  ».  i<  r,.  §  •''.  Tlifi  corj/oration  h«reb)  created  Bhall  be  managed 
^^*-  by  B  board  of  dir«  rtois  of  not  les"*  than  three  nor  mor«-  than 

fivf  pefNon^,  citixf  ns  of  ihf  city  of  Galena,  whr)  hIihH  be 
choi'-n  from  and  be  fitorkholden  in  Maid  company,  and 
ulisli  hold  their  office  for  two  years  and  until  their  succos- 
aoiAMJp  elected. 


288  1857. 

§  4.  The  trustees  of  the  Galena  Hotel  Company  are  iioctif.n  tf  di. 
hereby  authorized  to  call  an  electicjn  of  a  hoard  ol  direc- 
tors at  Kuch  time  and  place  as  thej  may  think  pinner;  at 
which  election  each  share  of  stock  shall  be  entitleJ  to  one 
vote,  by  tho  holder  thereof  or  his  j)roxy.  At  which  said 
election  the  stoekliolders  voting  shall  exjiress  their  accept- 
ance or  rejection  of  this  act  of  incorporation  ;  and  if  ac- 
cepts d  by  a  majority  of  the  stockholders  voting,  then  all 
the  riglits  and  property  secnred  to  and  held  by  the  Galena 
Hotel  Company,  as  an  association,  shall  absolutely  rest  in 
the  corporation  hereby  cteated,  together  with  ail  the  in- 
cidents and  liabilities  of  said  association. 

§   b.     The   board   of  directors   shall  be  authorized   to  Pc^dhveitod  iu 

kii  iriL?  •  •!  J*  1.     till- boniU  Of  di- 

e  all  needful  by-laws  governing  said   corporation,  not   rcctt.r». 

inconsistent  with  the  laws  of  the  United  States  and  this 

state. 

§  6.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage, and  be  a  public  acts. 

AppnovED  Jan.  31,  1857. 


AX  ACT  to  aoiend  the  charter  of  the  city  of  Peoria.  Jan.  2C,  1687. 

Section  1.  Be  it  enacted  b>j  the  people  oj  the  state  of 
lUinoift,  represinted  in  tlie  Geuei'al  flsstmhti/,  That  tiie 
city  of  Peoria  is  hereby  authorized  and  emjjowered  to  issue  Pofpr  k*  jmoo 
bonds,  not  to  exceed  the  sum  of  one  hundred  thousand  dol- 
lars, drawing  interest  not  to  exceed  seven  per  cent,  per 
annnmj  and  when  said  bonds  are  so  issued  tiie  said  cit)  of 
Peoria  may  loan  said  bonds  unto  the  Peoria  City  Hy- 
draulic Works,  upon  taking  a  mortgage  upon  all  the  jiro- 
perty,  both  real  and  personal,  belonging  to  said  company; 
and  saitl  mortgage,  wiien  so  executed,  shall  be  a  lien  upon 
all  t!ie  property,  both  real  and  personal,  belonging  to  said 
incorporation,  until  paid  bonds  shall  have  been  paid  and  all 
interest  on  the  same  :  Prm'i(/cd,  that  no  such  bonds  sitall  Provi^^. 
be  issued  until  being  submitted  to  the  legal  voters  of  said 
city;  said  vote  to  be  taken  in  the  same  manner  and  notice 
given  Qs  prescribed  in  an  act  entitled  "An  act  to  p]o\id3 
for  a  gf-neral  railroad  incorporations, "aj)pro^'e(l  Nov.  <'th, 
184'J;  and  no  bonds  sha.'l  be  so  issued  or  loan  made  to  ?aid 
company  unless  a  majority  of  the  legal  voters  voting  at 
said  election  shall  vote  for  the  same. 

fi  2.     'i'he  city  council  of  said  city  shall  have  power  ^"v  "'•'■  **'""'■ 

1  .i-i.i-  1  11  /•  cprL.ln    power* 

and  au'lionty  to  autliorize  the  major,  pldernun,  tire  war-   pnthemarf'. 
dens  and   oHier  city  oiTicers  of  said  city  to  k-ep  away  all 
idle  and  suspicious  persons  from  the  vicinity  of  any  fire, 


1S37.  -204 

aiiJ  to  compel  all  officer.";  of  said  city,  and  all  other  per- 
sons, to  aid  in  the  extii.guisltmenl  of  fires  and  in  tlie  vre* 
sorvation  of  property  at  any  fire.  The  ordinance  and  or- 
dinances of  said  city,  mav  in  force,  in  repaid  to  the  sub- 
ject matter  of  this  section,  shall  remain  and  continue  in 
force,  withont  rej>assii;p,  until  the  same  be  changed  or 
amended  by  the  said  city  council. 
o*---*  t-  N.  ^3.  ,/n(f  be  it furlhcr  ctuictul^  Tliat  at  the  next  annual 
••*^'""  elect  on  of  said  city  vi  Peoria,  held  for  the  i^Iection  of  a 

mayor  and  aldermen  of  sa'd  eity,  there  shall  he  elected  by 
t!ie  legal  voters  thereot,  for  said  city,  one  cleik,  one  at- 
torney, one  assessor,  one  collector,  one  troasr.rer,  one 
marshal,  one  deputy  n^arshal  and  two  public  constables, 
who  shall  lioid  their  otfices  for  the  torn  of  one  year,  or 
until  their  sucessors  are  duly  elected  ajul  qnalififd,  and 
shall  cacli  receive  for  their  services  such  compensation  as 
th.e  city  council  m^y,  from  time  to  timi',  prescrihej  and  so 
much  of  the  charter  of  said  ''ity  of  Peoria  an  confers 
the  appointment  of  the  aforesaid  officers  upon  the  city 
council  of  said  city  is  hereby  repealed. 
ro««r«or<«^rain  ^  \.  The  <?aid  city  council  shall  liave  power  and  au- 
»i»4^p«ai.ii  V4.  t],^Jrit^tG  restrain  and  punisli  va«^rants, mendicants',  street 
brfji^ars  and  j)rostitute?>  and  to  define  and  declare  who 
shall  be  deemf'd  vagrants  within  said  city;  and  the  ordi- 
nini'e  and  ordinances  of  said  city,  now  in  force,  in  regard 
to  the  suhject  matter  of  this  section,  shall  remain  and  con- 
tinue in  force,  without  rt'passiiig,  initil  the  same  he  changed 
or  am«^nd»'d  by  the  said  <"ity  council. 
Approved  Feb.  \,  1H57. 


P«t    I,  lar?.  AN   A('T  to  inrorforAlo  Iho  MigHisHipiii  Uiiilpo  Coinpaiy. 

Sfction  1.  Be  V  cuarh-il  hy  the  pcapie  of  iUc  slutc  <if 
Il/iniiisj  trpresentrt/  in  llif  firwntl *^sstmhh/,  Tliat  James 
("art.  r,  V..  \\.  Cmpbidl,  .M.  V.  .Johns. .n,  S.  W.  McMaster, 
J  il.n  Lorrain.  I).  A.  Hnrows,  I..  C  MiK«'nny,  Nathaniel 
Sl»*ep«T,  J.  Ilim^ifi",  I'.  H.  ('»'ar,  iK  IJig.low,  U.  S.  Norris 
tad  their  ••tiiociaten  aiid  succ«'Ssors,  hrirs  and  assigns, 
bo  ar.d  they  are  hereby  created  a  body  t;or[)firate  and 
politic,  hy  tile-  name  and  ntjlc  o(  tlie  ''iMississijipi  Kridge 
(''(mpany,*'  with  powrr  to  build,  minniain  and  use  a 
bndg*',  f»r  railroa  I  and  other  purposes,  over  ihe  Mifl- 
}»i'<'ippi  rivor,  or  that  portion  within  the  jnriMdjetion  of 
the  itatft  of  Illinoiji,  at  or  n»'ar  flu-  eity  of  fJah  na,  in  such 
mannT  an  t.hall  not  m  iti  rially  atfiet,  obstnirt  or  inter- 
fere wi'.h  the  free  navigation  of  naid  river,  and  to  connect. 


)0tU. 


235  1857. 

by  railroad  or  otherwise,  sucli  bridge  with  any  railroad, 
either  in  the  states  of  Illinois  or  Iowa,  tprmiuating  at  or 
near  said  point ;  to  unite  and  consolidate  its  Iranchises  and 
property  with  any  and  all  railroad  and  bridge  coai])anies 
in  eiliier  of  said  statts. 

§  2.     The  capital  stock  of  said  company  shall  be  one  cipitai  Bto«k. 
million  dollars,  to  be  divided   into  shares  of  one  hundred 
dollars  eoch.     The  immediate  government  and  direction 
of  said  company  shall  be  vested  in  thirteen  directorj,  who  DirwtoM     ana 
shall  be  chos(  n  by  the  stockludders  of  said   cr>nipany,  by    ""''«*"- 
ballot,  who  shall  iiold  their  oifiee  for  one  year  alter  their 
election  and  until  others  are  duly  elected  and  qualified  to 
take  their  places  as  diiectors;  and  said  board  of  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction 
of  business,  ihall  elect  one  of  thinr  niimber  to  be  tl.e  presi- 
dent of  the   company  ;  that  said   board  of  directors  shall 
have  full  power  to  appoint  all  necessary  clerks,  secretary, 
treasurer  and  other  officers  necessary  in  the  transaction  of 
business  of  said  company. 

§  3.  It  shall  be  lawful  for  said  company  to  en*er  upon  powtri. 
and  take  possession  of  and  use  all  such  lands  and  real  es- 
tate as  will  or  may  be  necessary  for  the  construction  of 
said  bridge  and  appendaote.s  necessary  to  the  construction 
and  maintenance  of  said  bridgs  :  Proviffici,  that  all  lands  froviw. 
entered  upon  or  real  estate  taken  possession  of  by  said 
corporation,  for  the  purpo'^e  and  accommodation  of  said 
bridgp,  or  upon  which  the  site  of  said  bridge  sl^all  have 
been  located  or  determired  by  the  raid  corporation^  slrill 
be  paid  for  by  said  company,  in  damages,  if  any  be  sustain- 
ed by  the  owner  or  owners  thereof  by  the  use  ot  the  same 
for  the  purposes  of  said  bridge  ;  and  all  lands  entered  up- 
on and  taken  for  the  use  of  said  eorporation,  which  are  not 
donated  to  said  company,  shall  be  paid  tor  by  said  corpora- 
tion, at  such  price  a?  may  be  mutually  agreed  uj>on  by 
the  said  corporation  and  the  owner  or  owners  tliereot;  and, 
in  case  of  disagreement,  the  price  shall  be  estimated,  fixed 
and  r»»covered  in  the  manner  provided  by  law  as  prescribed 
in  the  acts  relating  to  the  ri^ht  of  way  ;  and  the  decision, 
when  had,  shall  vest  the  title  ot  said  land  in  said  corpora- 
tion in  fe»>.  simple. 

§  4.     Said  company  shall  have  power  to  receive  three  p  »»«•»  to  rccei^o 
hundred  thousand  dollars  t»f  the  bords  of  Jo  Daviess  county 
and  three  hundred  thousand  dollars  from  «he  city  ot  (jHh-na, 
said  bonds  to  bi-ar  interest  at  a  rate  n>'t  to  exceed  eigljt  per 
cent,  per  annum,  and  to  be  of  the  denomination  of  one  thou- 
sand U'dlars  each.      And  the  supervisors  of  shid  Jo  I)  iviess 
county  may,  tt  f  ny  recjular  meetincr  of  the  boaid,or<ier  an  c^w»ty.f  j,  d»- 
Cicctton  and  vote  to  be  tairen  lor  ond  against  satd  Joan  to    oiocUud. 
said  bridge  company;  and  if  a  majority  of  the  votes  cfsaid 


1857.  23G 

county  shall  be  in  favor  cf  loaning  the  bonds  of  said  county 
to  said  rompany  th»'  sujurvisors  may  i^sue  bonds  to  tiie 
amount  of  three  hu;\drcd  ihou-^and  dollars  to  said  company, 

Civy  o<  «ix:  r.»  under  such  restrictions  as  they  may  deem  necessary.   And 

T^r*^  "  ''^  t'le  m:\yor  of  the  city  of  Galena  may  and  it  shall  be  law- 
ful for  him  to  order  an  election  tor  said  city  for  the  pur- 
po^'e  of  votii;p;on  the  ijuestiou  of  loaning  the  bonds  of  said 
city  to  aaid  company;  and  if  a  mMJorit}  of  the  vottrs  of 
said  oily  shall  vote  in  favor  of.^'aid  loan  tlun  the  said  may- 
or and  city  council  shall  loantiie  bonds  of  said  city  to  said 
company,  under  such  restrictions  as  they  may  deem  neces- 

PrvTi»>-  sary  :   Pruvidi  d,  the  said  company  shall  not  desire  so  large 

an  amount  of  the  bonds  of  sai  1  county  or  city  afonsaid,  it 
shall  !)•»  lawful  for  a  vote  to  be  taken  on  a  less  amount 
than  three  Imndred  thousand  dollars. 

to::*.  ^  5.     When  said   bridge  shall  be   used  as  a  toll  bridge 

an  1  for  other  purposes  other  than  a  railroad  bridge  the 
co'nity  supervisors  of  the  county  of  Jo  Daviess  shall  have 
full  power  to  fix  the  rat«^s  of  lolls  on  said  bridge,  to  be 
char;^cd  by  faid  C(»mpany. 

§  6.  Tiiis  Hct  shall  be  construed  as  a  miblic  act,  and 
shall  take  effect  nod  be  in  force  from  and  alter  its  pas- 
sage. 

AiTRovED  Feb.  4,  18.">7. 


rtt>   i,  \^>F.        A.V  ACrto  incorporate  the  town  of  MaBcouluh,  in  Saint  Clair  county, 

Bt'ite  of  Il.innit. 

Skction  1.  Be  it  enacted  bij  the  jieaple  nf  flie  state  of 
niinuis^  rtjireseiited  in  tlie  General  ^'Jsstinhhj^  That  the 
inhabitans  and  resi(!<'nts]|of  the  town  of  Mascoutah,    Saint 

B.if  -vtwTttr  Clair  count),  Illinois,  are  hereby  niade  a  body  corporate 
and  {Miiitic,  in  Ihw  arid  in  fact,  l»v  the  name  and  si>le  of 
"The  President  and  Board  of  Trustees  of  the  Town  of 
Mascoutah;"  and  by  that  name  shall  have  |)erpetual  suc- 
cession, and  a  common  schI,  wldcli  they  may  alter  at 
plra.«>Mre  ;  and  in.wlinin  the  j^'overnnient  of  the  corporatioD 
»l  all  be  vested,  and  hy  wh'im  its  ailair.s  shall  Ix'  managfd. 

»«.d»--7.  §  '2..     Tne   boundary   of  said   corporation  bhall   inelude 

the  ori^iual  town  of  ^fas^outah  and  tlie  several  additi«uis 
llu-reto,  as  the  same  ar*^  r»'eorded  in  the  recorder's  office 
in  (laid  county  of  ^>aint  (.'lair. 

kuxuAt.  §  •'•     Wlo-nevr  any  tract  of  land  adjoining  the  town  of 

Mrf<.roiitali  shall  he  laid  t/lf  into  town  lots,  mid  dniy  re- 
Corded,  hi  required  by  law,  the  same  shall  be  annexed  to 
and  form  a  part  ol  the  fiiid  corporation. 


237  1857. 

§  4.  The  inhabitants  of  said  town,  by  the  name  and  c-Tornu  pow- 
style  afoiosald,  shill  have  powt-r  to  sue  aiid  bo  sued,  to  *'"' 
plead  and  be  impleaded,  defend  and  be  defended,  in  all 
courts  of  law  and  equity  and  all  actions  whatever  ;  to 
purchase,  receive  and  hold  property,  real  and  pergonal, 
m  said  town,  and  also  beyond  the  corporation  limits,  for 
burial  grounds  and  for  other  public  purposes,  fo;  the  use 
of  the  iuhabitaut?  of  said  tovn  ;  to  sell,  lease  or  dis^iose 
of  property,  real  and  personal,  for  the  benefit  of  said  town, 
and  to  improve  and  protect  such  property,  and  to  do  all 
other  things  in  relation  thereto  as  natural  persons. 

§  5.  The  corporate  powers  and  duties  of  said  town  Board  n  tnw- 
shall  be  vested  in  five  trustees,  who  shall  form  a  biard  for  '""* 
the  transaction  of  business  ;  an<l  the  persons  who  ma)'  bo 
In  office  as  tiustees  in  said  town,  under  the  general  in- 
corporation act  of  this  state,  shall,  after  tlie  pass'^ge  of 
tliis  act,  be  deemed  to  hoid  their  offices  by  virtue  of  this 
act  until  tlie  first  Monday  of  April,  18."?,  and  ui-til  their 
successors  in  office  are  elected  and  qualified  to  discharge 
tbeir  duties,  in  conformity  to  the  provisions  of  this  act. 

§  6.     Thbt  there   shall,  ou  the  first  Monday  of  April  Election  or  tmt- 
next,  be  elected  five  trustees,  and  on  every  first  Monday  ■^"*' 
of  April  thereafter,  who  shall  hold  their  offices  for  one  year 
and  until  tiieir  successors  arc  duly  elected  and  qualified; 
and  public  notice  of  tlie  tirac   and  place  of  holdins:  said 
election  shall  be   given   by  the    president  and   trustees  of 
said  town,  by  an  advertisement,  published  in  a  rewsj)aper 
published  in  said  town  or  posting  it  up  in  at  least  three  of 
the  most  public  places  in  said  town.     No  person  ishall  be  Qoniaoawi  or 
a  trustee  of  said  .town  who  has  not  arrived  at  the  age  of  ^^^^^^*' 
twenty-ono  years,  and  who  has  not  resided  in  said  town 
one  year  next  preceding  his  election,  and  wJio  is  not  at 
tlie  time  thereof  a  bona  fide  freeholder  in  said  town,  and, 
moreover,  who  has  not  paid  a  state  or  county  tax.     And  PrM'J*"'      't 
all  white  free  male  inhabitants,  over  twenty  one  years  of  ^'^^'^' 
age,  who  have  resided  in  said  town  six  montjis,  tiext  pre- 
ceding an  election,  shall  be  entitled  to  vote  for  trustees. 
And  the  said  trustees  shall,  at  'heir  first  meeting,  procted 
to  elect  one  of  their  own  body  president,  and  shall  have 
power  to  fill  all  vacancies  in  said  board  whicli  maybe  oc« 
casioned  by  death  or  resignation  :  Provided,  the  vacancy  PrDTi«o. 
shall  not  exceed  three  months.     All  vacancies  whicii  'hall 
occur  for  a  longer  time,  the  board  shall  give  ten  days' 
notice,  by  posting  up  at  least  three  advertisements  in  said 
town,  for  the  election  of  a  trustee  to  fill  ?uch  vacancy— to 
be  filled  in  the  same  manner  as  provided  for  in  regular 
elections.     And  said  trustees  shall  have  power  to  aj, point 
a  clerk,  a  treasurer,  an  assessor,  a  street  commissioner,  ^o^  «»«»". 
and  a  town  constable,  wliich  said  officers  /^o  appointed 
shall  give  bond  and  security  in  such  amount  and  with  such 


1S57.  288 

conilitions  as  the  trustees  may  requlro.  And  tlie  said  con- 
stable sl»all  take  an  of.th  of  otfioe,  before  sonie  justice  of 
tlie  peace,  tltat  lie  will  fAltlilully  discliarj^o  the  duties  of 
said  c'Hce  ;  and  it  shall  be  hi-  duty  to  collect  all  lines  and 
serve  all  processes  at  the  suit  of  the  corporation  ;  and 
shall  execute  all  writs,  process  and  precepts  which  may 
be  issued  against  any  person  for  the  violation  of  ajiy  of  the 
laws  or  ordinances  of  the  town  ;  and  shall  have  and  pos- 
sess the  same  powers,  and  perform  the  same  duties,  ih 
other  respects,  within  the  limits  of  the  corporation,  as 
constable*?  in  the  several  disliii-ts  of  the  county  possess 
and  perform.  Said  con«tal)le  to  hold  his  office  lor  one 
year  and  until  his  successor  is  elected  jind  qualified. 

ro^rt  at  ini*.      §  7.     Tlie  trustccs  atoresaid  and  tlieir  successors,  or  a 
**'*  majority  of  them,  shall  have  full  power  and  authority  to 

ordain  uni  establisli  sucii  rules  and  regulations  for  their 
governnieut  and  direction,  and  for  the  transaction  of  the 
business  and  concerns  of  the  corporation,  as  they  may 
deem  expedient  ;  and  to  ordain  and  establish  and  put  in 
execution  sucli  by-laws,  ordinances  and  regulations  as 
sIjhII  seem  necessary  for  the  government  of  said  town,  and 
far  ihe  management,  control,  disposiliou  and  ap[)lication 
of  'A3  corporate  properly  ;  and  gentrally  to  do  and  exe- 
cute all  and  singular  such  acts,  m-itttrs  and  things  which 
to  them  may  seem  necessary  to  do,  and  which  arc  not 
contrary  to  the  laws  and  constitution  of  this  state. 

Tn»i.  ^  !^.     The  said   trustees   slmll  ha\e  ])owcr  to  levy  and 

collect  a  tax,  not  exceeding  one-half  per  cent.,  on  all  lots 
and  improvements  and  personal  property  l^ingand  being 
within  tlie  incorporate  limits  of  said  town,  according  to 
valuation  ;  to  tax  public  fIiows  and  houses  of  public  enter- 
tainment, tavern",  beerhouses  and  store.-",  f)r  (he  purpose 
of  making  iind  improving  the  slnets  and  keeping  them  in 
repair,  aud  for  the  purpose  of  erecting  sucli  buihiings  and 
oilier  works  of  j.uhlic  utility  ns  the  interest  and  conven- 
ience of  the  inhabitants  ot  ."^ahl  town  may  require  j  and 
may  adopt  stich  modes  and  mc  ans  for  the  assessment  and 
collection  of  taxe."?  as  they,  (n^ni  lime  to  time,  shall  deem 
expedient,  and  prescrib.-  the  niiinner  of  selling  |)roperfy 
when  tlif  tax  levied  upon  it  shall  not  be  paid  :  Proviilvd^ 
no  sale  of  any  real  estate  shall  l)e  made  until  j)u])lic  notice 
of  l!ie  tim'i  and  place  of  sale  Bhall  be  given,  by  advertiso- 
mrnt  in  some  newspaper  in  said  town,  or  at  four  of  the 
mo^t  public  places  in  said  town,  by  ])utling  np  written 
noticr»,  eontaii»ing  a  li«t  of  said  deliiwjuent  real  estate,  at 
least  thirty  days  pre  vious  to  tin,  day  fjf  sale. 

iu«i  »«ui«»>ti       5  •*•     ^Vhen  any  lots  or  real  e.stale  whall  have  been  sold 

MiM«.  fg^  taxes,  as  aforesaid,  the   same   shall    be  subject  to  re- 

derapti  >n  in  the  time  ami  on  the  terms  now  provided  or 
hereafter  to  be  provided  by  tho  revenue  laws  of  this  atato 


239  1857. 

for  the  iO(lemj)tion  of  real  estate  sold  for  state  and  county 
taxes.  But  should  the  estate  so  sold  for  taxes  not  be  re- 
deemed ill  the  time  and  manner  provided  by  law,  and  if 
the  j)urcha<5er,  or  other  person  for  hiui,  sliall  have  paid  all 
taxes  uit!i  wliich  such  real  estate  or  lot;?  shall  have  been 
chargt'd  up  to  the  time  when  the  light  of  redenij)tion  shall 
expire,  tlioa  and  in  that  case  it  shall  be  the  duty  of  the 
president  of  the  board  of  trustees  to  execute  to  the  pur- 
chaser or  purchasers  a  deed  therefor,  signed  by  the  presi- 
dent and  counter.' igned  by  the  clerk  of  the  board  of  trus- 
tees. 

§  10.  The  trustees  shall  have  power  to  regulate,  grade,  pm.iic  improv*. 
plank,  pave  and  improve  tiic  streets,  public  squares  and  *"'""■ 
alleys  in  said  town;  for  whicli  purpose  they  shall  have 
,)0wer  to  levy,  annually,  a  road  labor  tax  of  not  more  than 
live  days  nor  les.s  than  two  days,  against  every  able 
bodied  male  inhabitant  of  said  town  over  the  age  of  twenty- 
one  years  and  under  fil'ty  years  of  age,  to  be  collected  and 
expended  in  sucli  manner  as  they  shaJl  determine  and 
direct. 

§  11.     The  trustees  fihall  have  power  to  tax,  restrain,  TruBtc^     may 
prohibit   and   suppress  tippling  hou'^es,   dram  shops   and   p[u^ghoMMl'«i^ 
gaming  houses,  bawdy  houses,  and  other  disorderly  houses, 
and  to  suppress  and  restrain   billiard  tables. 

§  12.  Said  trustees,  or  a  majority  of  them,  shall  have  r.wcr  to  pip- 
power  to  preserve  good  order  and  harmony  in  the  said  gtliliTrder" '""* 
town,  and  to  ))unisli  open  indencency,  broaches  of  the 
peace,  liurse  racing,  disorderly  houses,  riotous  meetings 
and  assrinbiages-  and  to  punish  persons  for  making  loud 
or  unusual  noises,  or  for  disturbing  persons  assembled  at 
religious  or  other  meetings  in  said  town ;  for  which  pur- 
pose tlie  trustees  may  make  such  by-laws  and  ordinances, 
not  inconsistent  with  the  laws  of  the  state,  as  they  may 
deem  necessary  or  expedient,  to  carry  the  provisions  of 
this  act  into  etfect,  and  impose  lines  for  the  violation 
thereof;  which  fine  shall  be  recovered  before  any  justice 
of  the  peace  in  said  town. 

&  13.  It  shall  be  the  duty  of  any  justice  of  the  peace  in  omios  tr  jns- 
said  town,  and  he  is  hereby  authorized  and  ein])Owered,  ,,c;up. 
an  view  or  upon  complaint  being  made  to  him  upon  oath, 
of  tlie  violation  of  any  law  or  ordinance  of  said  town,  to 
issue  his  warrant,  directed  to  the  town  constable  or  to  any 
other  authorized  person,  to  apprehend  the  ofTc^nder  or  of- 
fenders and  bring  him  or  them  forLJiwith;  and  after  hear- 
ing the  evidence,  if  it  shall  aj)pear  that  the  acuscd  has 
been  guilty  of  the  violation  of  any  law  or  ordiivunce  of  the 
corporation,  to  impose  such  line  or  imprisonrront  as  is 
provided  by  the  laws  of  the  state  for  the  punishraent  of 
similar  ofTeoces. 


1S57.  ':40 


F»tM«, 


§  14.  In  all  cases  ari^inj;  under  the  provij^ions  of  this 
act,  appeals  icay  be  taken  aiul  writ?  of  co'fijt'aridUowtd, 
as  15  now  or  may  hereafter  be  provided  by  law. 

§  1").  All  lines  or  moneys  collected  forliopn?e!»  granted 
under  the  provisions  of  tlii:j  act  shall  be  paid  into  the  town 
trea^iury,  for  the  use  of  the  inhabitants  of  tlie  town. 

i^watoiK^i.  ^  \(\,     The   trustees   5hc»ll  keep  a  well  bound  book,  in 

which  shall  be  recorded,  in  a  fair  and  legible  hand,  all  by- 
laws and  ordinances  of  said  corporation;  and  no  by-law 
or  ordinance  shall  be  in  force  until  the  same  shall  have 
been  advertised,  by  posting  up  copies  of  the  same  in  at 
least  three  of  the  most  publi'^  places  in  said  town  ten  days 
previous  to  the  time  the  saui'^  is  to  go  into  effect,  <»r  by 
publicatii-n  in  some  newspaper;  which  record  or  book 
shall  be  evidence  of  the  authority  of  said  by-laws  or  ordi- 
nances that  tliey  have  been  legally  enacted. 

rover  to  boii«  a       §  IT.     The    trustees  shall   have  power  to  build  a  plank 

ri^'.  "**^  "'  road  or  roads  in  saiil  town,  lo  be  located  in  any  street,  to 
and  from  such  points  tlierein  as  the  trustees  shall  direct, 
for  which  purpose  the  said  trustees  are  hereby  empowered 
to  issue  the  bonds  of  ♦he  town  of  IMascoutah,  pledging  for 
the  secuiity  of  the  payment  of  the  same  the  revenue  which 
may  be  derived  fro.n  the  special  tax  liereinafter  provided 
for;  the  amount  of  Suid  bonds  shall  not  exceed  ten  thou- 
sand dollars,  nor  bear  a  greater  rale  of  interest  than  ten 
per  cent,  per  annum;  that  said  trustees,  for  the  purpose 
of  paying  said  bonds,  are  hereby  empowered  to  levy  and 
collect  a  special  tax,  not  exceeding  one  per  cent.,  on  all 
lots  and  improvement>J  and  personal  prcpeity  lying  and 
being  within  the  corporate  limits  of  .said  town;  whicli  said 
valuation  sliall  be  assessed  by  three  honajUU'  freeholders 
in  said  town,  who  shall  be  appointed  by  said  trustees. 

§  IS.  The  snid  trustees  sliall  have  power  to  make  pave- 
ments or  sidewalks  in  suid  town,  as  to  them  may  seem 
needful:  P'-ucuhify  (tlirdijs^  that  the  lot  in  front  of  which 
any  sidewalk  is  m  ide  shall  be  t.ixed  li;  p;iy  et  least  ono- 
half  of  the  eipenses  of  .'^aid  sidewwlk. 

VftiMiKM.  ^  K».     The   said  trustees   shall  have   pov.cr  to  declare 

what  shall  be  considered  a  nuisance  within  the  limits  of 
the  corporation,  and  to  provid*.  for  the  abatement  there- 
of. 

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

Approvxd  Feb.  4,  1807. 


241  1857. 

AN"  ACr  to  cnablR  Iho  city  of  Beardstowii  to  l^vy  aril  colUrt  a  special      Fub.  4,  i867 

tax. 

Whereas  the  city  of  Ijeardstown  lias  become  a  subscri-  PrcamLie. 
her  to  the  Cdpital  stock  of  tlie  Ruck  Island  and  Alton 
Railroad  Company  to  the  amount  ot  lifly  thousand  dol- 
IdiSf  and  has  issued  htr  bonds,  bearing  intcr«'.st  at  the 
rate  of  sevt n  jjer  ctntuni  per  annum,  payable  annually, 
for  the  purpose  of  rait^ing  that  sum  of  monej  ;  now,  thtre- 
foro,  for  the  purpose  of  enabling  the  said  city  to  mt  et 
•  the  payment  of  interest  upon  said  bonds  as  the  same 
shall  full  due, 

Skction.  1.  Be  it  enacted  by  the  people  of  the  slate  oj 
Illiiius,  7'eprescnted  in  the  Getu-ral  >.2s;je?nbli/,  TUsit  the 
city  council  of  the  city  of  Biiarilstown  be  and  they  are  Power loieTysra 
hereby  authorized  and  required,  from  year  to  year,  to  levy  tax.*^*^^*  'i-c-'a' 
and  collect,  in  like  manner  as  nearly,  as  may  be,  as  other 
city  taxes  are  levi  d  and  collected,  a  special  tax,  for  the 
purpose  of  paying  the  intercit  on  said  bonds. 

§   1.     Said  lax  shall  be  levied  according  to  the  valua-  M;do  of  valua- 
tion of  property  k>r  ordinary  taxes  of  each  year,  respect- 
ively; and  in  case  no  valuation  for  ordinary  taxation  should 
be  made   for  any  year  then    a  special  valuation  sliall  be 
made  fur  the  purj)Oses  of  this  act. 

§  ti.  The  time  at  which  said  si)C'cial  tax  shall  be  col-  Time  forcoii^cu 
Iccted  shall  be  subject  to  the  control  of  said  city  council, 
and  may  be  made  annually  or  semiannually,  as  shall  be 
deemed  expedient ;  but  said  tax  hhall  always  be  collected 
in  time  to  meet  the  annual  paym'jnts  of  interest  on  said 
bonds. 

§  4.  This  act  shall  take  effect  en  its  passage. 
Approved  Feb.  4,  1857. 


iiig  las. 


AN  ACl  to  incorporate  "The  Western  Valley  Fire  and  Marine  Insurance      Feb.  4, 1657. 
Compar.y  of  Chicago,  Illinois." 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  lUi- 
uoiSf  representel  in  the  netieraUissem')hj  tftli''  slat,-  (flUi- 
noif^  That  Richard  J.  Hamilton,  George  W.  Yerby,  S.  M.  K-imc  or  corjKj. 
Gilbert,  G.  Buchanan  Armstrong,  Henry  Bandtand,  Turney  """"" 
S.  Gilbert,  of  Chicago,  liiinoi-!,  and  their  associates,  succes- 
sors and  assigns,  be  und  tliey  are  hereby  incorporated  into  a 
body  corporate  and  politic,  by  the  name  and  stjle  of  "The 
\Vest«rn  Valley  Fire  and  Marine  Insurance  Company  of 
Chicago,  Illinois}"  to  have  continuance  and  succession  for 
tlie  term  of  rifty  years,  from  and  after  the  passage  of  this 
act ;  and  by  said  corporate  name  and  style  shalJ  be,  for  ^ 


1857.  242 

tl»e  term  uforcsaicK  capable  in  law  ami  equKy  (o  sue  and 
be  siu-(l,  to  pleatl  ami  he  impleaded,  aiul  to  do  all  other 
matters  and  tilings  necessary  in  law  to  protect  and  defend 
t!u  ir  corporate  rights  ;  and  may  have  a  common  seal, 
which  they  may  change  at  pleasure. 
c...!«  »«>*.  §  -.     The   cajutal  stock  of  said    company  shall  be  five 

hundred  thousand  dollars,  diviiled  into  shar«'S  of  one  hun- 
dred dollars  each.  The  stock  shall  he  deemed  personal 
property,  and  transferable  on  the  books  of  the  company; 
but  no  stockholder  shall  be  permitted  to  transfer  his  stock 
wliile  he  is  indebted  to  the  corporation. 
C'-fntr.iwiflm'M  '       §  3.     The  persous  named  in  the  first  section  of  this  act 

MTipi'i^ bocfa  ^^^  appointed  commissioners  for  procuring  said  capital 
s*'>ck  of  tive  luHuired  thnusatul  dollars,  or  so  mucli  thereof 
r  5  shall  be  necessary  lor  the  orgari/alion  of  said  company; 
and  said  commissioners,  or  any  three  of  them,  shall  open 
subscription  bocks  for  such  stock,  on  such  days  and  at 
such  times  and  places  as  tliey  may  deem  expedient,  and 
shall  give  at  least  three  days'  notice  of  the  same  in  one  or 
more  daily  papers  ])rinted  in  the  city  of  Chicago  ;  and  said 
books  sliall  be  kej't  o])en,  from  time  to  time,  until  the  sum 
of  one  hundred  and  fifty  thousand  dollars  are  subscribed. 
■?ertioa  oi  i-..       §  4.     When  the   Itili  amount  of  one   hundred   and   fifty 

r«tor».  thousand   dollars   of  capital   stock   shall  have   been  sub- 

scribed and  one  dollar  on  each  share  of  stock  paid  on  sub- 
scription to  said  commissioners,  they  i^hall  then  notify  tho 
stockholders  of  the  same  and  aj)|)oint  a  time,  and  place  at 
which  they  shall  meet,  giving  five  days'  notice  of  said 
meeting  in  one  or  more  of  the  daily  papers  in  the  city  of 
Chicagt),  and  receive  their  votes  for  tlie  election  of  not 
less  than  five  nor  more  than  thirteen  directors,  who  shall 
m:iMage  the  business  of  the  company,  and  shall  hold  their 
otfice  for  one  year  and  until  others  are  elected  in  their 
plaee.<i,  and  who  shall,  at  the  time  of  their  election,  be 
riiizcns  of  the  United  States,  and  holders,  respectively,  of 
not  les^  than  ten  shares  of  stock.  Thr  voting  at  all  elec- 
tiniii  of  the  company  sI.hII  he  by  h;illot.  Absent  stock- 
holderi  may  vote  by  proxy,  in  writing. 
c-tamiMi/n^,»T»         §   •'>.      When    the   stockliolders    shall    h   ve    elected    the 

•i^'^inW/i'to  board  of  directors  the  e(jminissioners  shall  deliver  to  said 

<iirr-<*.  director.^  the  nubscriiition  book,  moneys  collected  on  ac- 

count of  the  same,  ,'ind  all  other  papers  and  thing.s  in  their 
iiandii,  nccesuary  to   a  full  organization  of  said    company; 
«r.  1   the   said   directors   shall   proceed  to  organi/.e,  by  the 
(lOi'Af*        Mvi  election  of  a  president  frr*m  among  their  number,  n  secre- 

**""*■  tary,  and  other  otn<'cr.s  or  agents  they  may  deem  necessary 

for  the  aucces  ful  working  of  said  cotr  pany,  who  shall  hold 
their  offices  during  f>rie  year.     The  board  shall  adopt  such 
•f-itva.  by-  i'lwh  for  the  g«/it  thI  conduct  of  the  business  of  the  com- 

pany ai  they  may,  fruai  time  to  time,  deem  advimble;  they 


«r 


213  1857. 

shall  aho  fix  the   salaries  and  dtfine  the  duties  of  all  ein- 
plo}ees  of  the  company. 

§    G.     When  the  board  of  directors  shall  be  organized,  oirectorg     m«r 
as  provided  in  section  five,  tliey  shall   call  in,  by  ])ersonal    miDti"oniti.'it^ 
or  public  notice  of  at  least  ten  days,  such  an  amount  of  the 
capital  stock  as  they  may  deem  expedient,  but  not  less  than 
nine   dollars   on    each   share ;  which,    togethrr    witli    the 
amount  paid  to  the  commissioners,  shall  constitute  the  first 
installment  on  the  capital  stock:  and  shall  require  the  resi- 
due of  said  stock  to  be  secured  by  good   and  legal  stock 
notes,  secured  to  the  satisfaction  of  tlie  directors  and  pay- 
able on  demand,  and    shall  issue   therefor  certificates  ofoeitincaUf    or 
stock,   setting    forth   the   amount    paid   in    cash  and  the 
i\mount  and  conditions  of  tl u  stock  notes  for  the  residue, 
and  that  the  stock  bool'  o^      '■■'  i'm.u^ny,  nt'terthe  organi- 
zation of  said  board,  ;haii      ..iiinuti  open  at  the  office  of 
said  company  f,       ubscrlntions  until  the  full  sum  of  five  Aiiiti.mai   lub- 
hundred  thousand  dollars  shall  ha\'e  been  subscribed;  and   **^'**    **' 
upon  the  subscription  of  any  stock,  after  the  organization 
of  said  board,  the  sum  of  ten  per  cent,  shall   be  paid  in  to 
the  board    by   the  ]>erson  subscribing  such  stock,   which 
shall  constitute  the  first  installment  on  the  stock  so  sub- 
scribed; and  the  board  of  directors  shall  require  the  resi- 
due of  the  stock  so  sub'Jcribed  to  be  secured  by  good  and 
legal  stock  notes,  and   issue  certificates  for  such  stock  in 
the  same  manner  as  is  provided  for  the  execution  of  stock 
notes  and  granting  certificates  for  stock  subscribed  before 
the  organization  of  said  board  :  JPruvidvd^  that   if  at   any  Proviw. 
time  the  directors  shall  consider  any  of  the  stock  notes  in- 
secure they  shall  have  power  to  require  additional  security 
on  the  same,  after  due  notice,   ui.der  such  penalties  and 
forfeitures  as  they  may  provide  in  their  by-laws. 

§  T.  This  corporation  shall  have  power  to  issue  poli-  Tn?nranr«  p..w- 
cies  of  insurance  against  loss  or  damage  by  fire,  on  houses,  *'"• 
stores  and  all  otlier  buildings  and  structures,  on  personal 
property  of  all  descriptions,  and  to  make  marine  insurance 
upon  steamboats  and  all  other  vessels  and  water  craft,  on 
their  tackle,  freight,  cargoes,  and  all  kinds  of  personal 
property  in  course  of  transportation,  and  to  do  and  perform 
all  necessary  acts  and  things  connected  with  these  objects 
or  any  of  them.  All  policies  of  insurance  shall  be  sub- 
scribed by  the  president  or  vice  president  and  counter- 
signed by  the  secretary. 

§  8.     The  board  of  directors  shall  make  such  dividend,  riTiinJi.. 
einnually  or  semiannually,  as  in  their  judgment  the  affairs 
of  the  company  will  permit.     All  such  dividends  shall  be 
indorsed  upon  the  unpaid  stock  notes  until  they  are  paid 
hi  full. 

^   l^.     It  .'hall  be  lawful  for  the  said  corporation  to  invest  Corponufon  msj 
\\A  fiuidi  io  United  States  stocks,  stocks  of  tiiis  state,  mort-   ^"'""  '°"'**" 


1S57. 


244 


Loration   Ct 

Ccc. 


t.<l4»r*. 


gRrrp5  on  uncnrnmberrd  real  estate  in  tlie  city  of  Chioagn, 
worth  fifty  JUT  cent,  more  than  the  amount  loaned  tliere- 
on,  and  on  ^uch  other  safe  securities  as  tlie  board  of  di- 
rectors may  determine. 

5  1<K  The  fiscal  year  of  tliis  company  shall  commence 
nn  the  first  day  of  January  and  terminate  on  the  tliirty-first 
day  of  December.  The  officers  of  said  company  shall,  du- 
rin'jj  >''<'  month  of  January,  in  each  year,  cause  a  full  and  ac- 
curate statement  of  the  atlairsof  said  company  to  be  made, 
and  publish  the  same  for  at  least  one  week  in  one  or  more 
of  the  daily  papeis  published  in  the  city  of  Chicago. 

§  11.  The  principal  office  of  said  comj)any  shall  be  lo- 
cated in  the  city  of  Chicago  ;  but  it  may  have  agents  and 
transact  business  witliin  and  out  of  the  state. 

§  I'J.  It  shall  be  lawful  for  sail  com})any  to  purchase 
and  hold  such  real  estate  as  may  be  convenient  for  the 
transaction  of  its  business,  and  also  to  have  and  to  hold  any 
real  estate,  as  security,  by  mortgage  or  otherwise,  to  se- 
cure the  j)ayment  of  de!)ts  due  in  good  faith  to  sal  1  cora- 
panv,  either  for  shares  of  capital  stock  or  otherwise;  also, 
to  purchase  real  estate  at  any  sale  in  virtue  of  any  judg- 
ment at  law,  decree  in  equity,  or  deed  of  trust  in  favor  of 
said  company. 

§  i:^.  The  stockholders  of  said  company  shall  meet  an- 
nually, f'U  the  second  Monday  of  January,  in  each  year,  and 
elect  directors  tor  the  tlien  current  year,  at  the  office  of 
said  company,  in  the  city  of  Chicago. 

^1  14.  Tliis  act  shall  take  eflect  from  and  after  its  pas- 
»age. 

Approved  Feb.  1,  ISoT. 


r**>   4,JV57. 


AN  ACT  to  Incorporate  the  Gicat  Wfstfru  rusur.inco  Company. 


cn«V9f»U 


Skction  1.  Be  il  n}artf(l  111/  fhr  jieojiff  of  the  state  of  III i- 
nois,  rrpresentff/  in  t/ir  (ivurrdl  .'lssei)il)l!/.  That  William 
»,itpi,i.iie  •f**  \V.  Dani-nhower,  Jacob  Russell,  Thomas  Hale,  George  Ely, 
Robert  11.  Koss,  and  their  8uccessor.s,  assigns  and  asso- 
citten,  be  and  fare]  hirfby  created  a  body  corporate  and 
politic,  tinder  the  niun*-  and  st3le  of  the  "Great  Western 
Iiiiurancir  Company,"  situated  at  (/hicago;  and  by  that 
name  glial!  have  an<i  ''njoy  all  th-?  rights  and  privileges  and 
immtinitiea    that    oth'-r   like    corporations    have,   and    be 


Oft*ntt«ll''.« 


recognized  in  all  courts  of  justice  and  equity  in  this  state 

'/»      &  '1.     When   tin-   "aid   jiarty   and   their   associates   shall 

have  jiiibicribed  ouc  hniidrcd  tliousand  dollars,  paying  in 

as  a  company  f'lnd  five  per  cent,  on  the  amount  subscribed 


245  1857. 

and  securing  tlie  balance  to  be  paid,  on  demand  or  otlier- 
wise,  by  appiovtid  juil^jmcnts,  notes,  hypothecated  stocks, 
mortgages  on  real  estate  in  Cook  county,  or  other  satis- 
liictory  socurity,  and  shall  have  chosen  nine  directors  and 
those  dii'ectors  shall  have  chosen  one  ot  their  nnniber  presi- 
dent and  ajjpoiiited  a  secretary  and  trtasnrer,  it  sliaii  bo 
deemed  fully  organized,  and  enjoy  the  powers  herein  con- 
ferred. 

§  3.     The  said  company  sliall  have  power  to  make;  in-  conwrste  pow. 
purances   and  take   risks   on  all    kinds   of  property,   both 
mariiiii   and  fire,  and  charge  and  receive  such   premiums 
thf'rcfor  as   may   be   agreed    by  and  between  the  parties, 
either  uj)on  mutual  or  stock  pri.iciple^  or  botli. 

§  1.  The  company  shall  have  power  to  use,  inve.^t  or  surpiM  t^^■uu. 
loan  its  surplus  funds  in  or  on  stocks,  bottomry  and  respon- 
dentia, in  bonds  and  mortuages  or  personal  security,  at  such 
rates  as  ju-ivate  persons  may  legally  do  by  the  laws  of  this 
state,  and  may  increase  its  capital  to  five  hundred  thou- 
satjd  dollars. 

§  o.     The  said  c(  mpany  may  establish  agencies  an<l  do  ^c«ncie». 
all  acts,  not  inconsistent  with  the  constitution   and  laws  of 
this  [state]  or  the  United  States,  necessary  to  and  for  the 
full  use  and  enjoyment  and  to  carry  out  the  full  objects  of 
this  act. 

§  0.  This  act  shall  be  deemed  a  public  act,  and  be 
liberally  construed  for  the  purposes  therein  contain<''ij  and 
take  eifect  from  and  afier  its  pas;sage. 

Approved  Feb.  4,  1857. 


AX  ACT  tn  incorporate  the  Cliicago  Merchants'  Exi-liange  Coin.iany.     Feb.  8,  les?. 

Section  1.  Be  it  enacUd  by  Ike  people  of  the  stale  uf 
IllinniSy  represented  in  the  General  Jlssemhli/^  That 
George  Steel,  Job  »  P.  Cliajdn,  Samuel  B.  P omoroy,  James 
Pecl^,  Julicn  S.  Rumsey,  Edwartl  K.  Rogers,  Thomas 
Rioiimond,  Thomas  Hale,  Walter  L.  Newberry,  Edmund 
D.  Taylor,  Iliram  Wheeler,  George  Armour,  Eiisha  Wads- 
worth,  Walter  S.  Gurnee,  with  tlieir  associates  and  all  other 
persons  wIid  may  hereafter  be  holders  of  the  stock  herein- 
after mentioned,  are  hereby  constituted  a  body  corporate,  roJr  corpQr*te. 
by  t!:e  name  of ''The  Chicago  Merchant-;' EKchange  Com- 
pany." The  said  corporation  is  hereby  created  lo  j)ro- 
mote  tiic  commercial  interests  of  the  city  of  Chicago,  and 
to  recommend  such  rules  and  regulations  as  siiall  tend  to 
produce  uniformity  in  and  to  facilitate  the  transaction  of 
business  among  the   merchants  and  traders  in  said  city. 


1S57.  246 

The  said  corporation  shall  have  perpetual  succession, 
with  power  to  sue  and  he  sued,  to  make  and  use  a  com- 
mon seal,  and  alter  the  siime  at  pleasure. 

§  2.  The  said  corporation  shall  have  power,  in  and  by 
their  corporate  name,  to  purchase,  lease,  hold  and  convey 
real  or  household  estate,  in  the  city  of  Chicago,  and  to 
erect  thereon  a  building,  suitable  lor  the  purpose  of  a 
m»'rrh;»nts'  exchange  and  such  other  purpi'^e  or  purposes 
ns  may,  in  the  opinion  ot"  the  trustee^;  of  said  corpora- 
tion, tend  to  carry  out  the  design  of  such  institution  and 
promote  the  convenient  transaction  of  business  among 
traders  and  merchants  in  said  city  of  Chicago;  and  the  said 
trustees  are  hereby  inve:5teil  with  full  j)tt\ver  to  do  such  acts, 
as  in  their  opinion  may  tend  to  promote  the  object  and 
purposi'S  aforesaid,  in  said  city  of  C^iicago.  The  trustees 
of  saitl  '"orpoiation  shall  have  power  to  borrow  money,  on 
bond  and  mortgage  or  otherwise,  for  the  ]  urpose  of  pur- 
chasing real  or  household  estate  and  erecting  a  building 
thereon,  for  the  purjiose  and  objects  afore.>^"aid,  and  when 
said  building  shall  have  been  erected  thej  shall  ii.ive  power 
to  lease  the  same  and  receive  the  rents  and  profits  there- 
of and  divide  the  same  among  the  stockholders,  rccei\ing 
such  part  and  parts  thereof  as  may  be  necessary  for  the 
use  oi  said  corj)oration. 

^  o.  The  capital  stock  of  said  company  shall  consist  of 
not  less  than  fifty  thousand  dollars,  with  liberty  to  in- 
creaie  tlie  samf,  when  a  majority  of  the  t'ustees  shall  so 
determine,  to  any  amount,  not  exceeiling  five  hundred 
thousano  dollas.  The  said  capital  i-tock  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  and  the  same 
shail  l>e  deemed  personal  (Jioperty,  and  shall  be  Iransfer- 
ablf  in  such  man.ner  as  the  by-laws  of  such  corporation 
•hall  dir«  ft.  The  said  corj)oration  may  conuDtiHi'  busi- 
ness and  shall  be  deemed  fully  organized  when  fifty  thou- 
sand dollars  shall  have  been  fully  subscribed  and  ten  per 
cent,  on  «  ach  share  '.ubscribcd  for  jiaid  in. 

§  4.  .Mi  till-  aff'iirs,  conr»'rns  and  l>usitiess  of  such  cor- 
poration shall  bt  managed  and  conducted  by  and  nndrrthe 
dirf'ction  of  the  president,  vice  prrsidt-nt  and  thirteen  trus- 
tees, wiio  yhall  be  stockholders  and  citizens  of  this  state,  and 
who  shall  b»'  el«-cted  by  thr  stt  ckholders  on  tin*  first  Monday 
of  end.  year,  by  plurality  of  the  votes  of  the  stockliol<l»rs 
preiefit  and  r»-pr»  si-riled  by  i)roxy,  each  share  having  one 
vote,  «nd  providing  no  stockholdrr  shall  give  to  exceed 
one  huridir<l  and  filty  vi<trs  at  any  such  meeting.  And  the 
first  annual  meeting  of  the  fitockholders  .shall  be  lu-ld  on 
the  firstMonday  of  March,  A.  I).  ISoH.  Notice  of  the  time 
and  jdacf  of  ev<:ry  such  ihction  sludl  be  i  ubiishrd  for  one 
W(tk   immediately   preceding  the  day  appointed  tlierefufi 


CaiH-al  (Va*. 


217  1SB7. 

in  two  of  the  daily  newspapers  printed  and  published  in 
the  city  of  Chicago. 

§  h.  The  first  president  of  said  corporation  shall  be  nrtt  preaident, 
George  Steele,  and  the  first  vice  prt-sident  shall  be  John  luiiiZW! 
P.  Cliapin,  and  (he  first  trustees  shall  be  S  imuel  B.  Porae- 
roy,  James  Peck,  Julien  S.  Rumsey,  Richard  M.  Mitchell, 
Thomas  Richmond,  Thomas  Hale,  Walter  L.  Newberry, 
Edmund  D.  Taylor,  Hiram  Wheeler,  George  Armour, 
Elisha  Wadsv.  orth,  Walter  S.  Curuee,  who  shal!  continue 
in  office  until  others  .>hall  be  elected  in  their  places,  and 
so,  from  time  to  time,  tlie  president,  vice  president  and 
trustees,  who  may  be  duly  elected,  shall  continue  in  office 
and  hold  over  until  others  shall  be  duly  elected  in  their 
stead, 

§  <).  It  shall  be  the  duty  of  the  president,  and  of  the  Datittotx>taD*r%. 
vice  president  in  the  absence  of  the  president,  to  preside 
at  all  the  meetings  of  the  stockiioKlers,  and  at  all  meetings 
of  the  trustees,  for  the  transaction  of  business;  and  the 
trustee?  shall  have  power  to  fill  ^'acancies  in  the  board,  oc- 
casioned by  death,  resignation,  removal  from  the  state  or 
otherwise;  they  shall  also  have  power  to  appoint  from 
amonfj  the  stockholders  a  treasurer  and  secretarv,  and  the 
same  to  reappoint  and  remove  at  pleasure;  and  they  shall 
also  have  power  to  require  and  receive  such  bonds  and 
securities  from  the  treasurer,  for  the  faithful  performance 
of  the  duties  of  his  office,  as  to  them  shall  seem  ])roper; 
they  shall  also  have  power  to  make  all  such  by-laws,  not 
inconsistent  with  the  laws  of  this  state  or  the  United 
States,  as  they  shall  deem  ])roper  for  the  management  of 
the  atTairs  of  such  corporation,  the  transfer  of  stock  and 
the  calling  in  of  subscriptions  thereto;  which  said  by-laws  By  lawi. 
shall  be  and  remain  in  fjrce  until  the  first  annual  meeting 
of  the  stockholders,  hereinbefore  provided  lor,  and  there- 
after until  repealed,  altered  or  amended  by  the  stock- 
holders at  such  annual  meeting  or  at  any  subsequent 
annual  meetm?. 

§   7.      A  majority  of  the   trustees,  for  the  time  being,  qb  mm. 
shall  constitute  a  quorum  for  the  transaction  of  business; 
and  all  committees,  exec  pt  a  committee  of  arbitration,  as 
Jiereinafter  provided,  and  all  officers,  except  the  president 
and  vice  president  of  said  corporation,  and  all  clerks  and 
servants   authorized  or  cremated  by  this  act  or  by  the  by- 
laws of  this  corporation,  s'lall    be  appointed    by  the  trus- 
tees aforesaid.   In  the  absence  of  the  president,  vice  presi- 
dent or   secretary   at  any  meeting  of  the  stockholders  or 
trustees,  a  majority  being  present,  may   elect  from  among 
themselves  others  to  fill  their  places,  for  the  time  being; 
Und  in  the  event  of  accident  or  failure  to  elect  officers  at  puture  u>  eoct 
the  time  provided   in  this  act,  it  shall  not  in  consequence    *"^"'»««- 
lapse  or  terminate,  but  shall  continue  and  exist,  and  the 


1867.  248 

olil  officers  hold   over  until    ot'icrs  are   eloctcd  in  their 

.  The  persons  ht  rcinbefore  naincJ  as  trustees  are 
.»-.il>}  nulhjri/.ed,  by  tluinj?fcIveF  or  by  a  oommitti-e  to  be 
npjjoinled  from  anionj;  tl  tir  nmnbtr,  to  receive  subscrip- 
tio'is  to  tlic  capital  stock  of  said  corporation,  at  such  times 
and  places  in  the  said  city  of  Chicago,  us  they  may  appoint, 
by  giving  at  least  t  ne  week's  public  notice  thereol  in  two 
daily  newspapers  publisJud  in  said  cit};  and  in  cai^c  such 
capital  stock  be  not  luUy  subsi'ribc-d  lor  at  the  time  and 
place  or  llmt'S  and  places  so  appointed,  other  subscrip- 
tions may  be  received  by  the  trustees  or  their. comnuttte, 
under  such  regulations  at  the  board  of  trustees  shall  pre- 
scribe, at  atiy  time  or  times,  tintil  the  whole  of  said  capi- 
tal stock  si  all  have  been  f^ubscribed. 

§  V.  It  shall  be  lawiul  ftr  tlie  trustees  of  the  corpora- 
'.ion  licreby  created  to  call  in  and  demand  from  the  stock- 
holders »)i  subscribers,  respectively,  ad  sucli  sums  of  nioney 
as  sliall  he  pajable  en  the  shares  subscribed  for  by  them, 
at  such  times  and  in  such  payments  and  instalhuents,  as 
the  said  trustees  shall  deini  ]'roper,  and  in  case  of  default 
iii  such  pavment  may  enforce  the  same,  by  action  against 
any  <U-faiiliing  subscriber  or  stockhclder,  his  rej)resenta- 
tivi  s  or  iiSsigiis,  or  the  said  trustees,  at  their  option,  m»y 
declare  forfeited  said  stock  and  all  previous  payments 
thereon. 
,f  ^  10.  No  stockholder  shall  be  individually  liable  for 
•  any  of  the  debts  of  this  corporation  :  J-rov/ihi/y  such 
stockholder  ^llall  have  i>aid  the  full  ;im(nuit  of  the  stcck 
subscribed  for  and  held  by  him,  hut  shall  be  liable  only  fur 
such  amount  as  may  be  diiti  and  unpaid  upon  such  stock 
j»i>  held,  and  not  then,  unless  the  creditor  shall  have  fust 
brought  a  ?uit  'if^ainst  tiie  corpoiatiun  for  the  collection  of 
liis  debt  wiliiin  six  }ears  attei  the  debt  shall  became  due 
and  an  execution  against  the.  coiporalion  shall  havi^  been 
returned  un<».'iti^fied,  in  whole  or  in  part.  No  per  4)m  hold- 
ing Htoek  in  this  corjt  iration  as  executor,  admitiistrator, 
uuardian  or  trustee,  un«l  no  person  holding  stock  as  col- 
lat'-ral  f ecurity,  (ihall  be  |>ersoi;ai!y  sulject  to  any  liaidlity 
i:  '>'  ulder  »>f  said   comj».iny,  hut  the    person  pledging 

>  k   sball    be  considered  as   holding  the  .same  and 

nhali  be  liable  a.<i  a  stoekladder  uccoidiiigl)  ;  and  tlic  es- 
tate and  funds  in  the  hands  of  su(  h  executor,  administra- 
tor, guardian  or  tru.stee  shall  be  liable  in  like  mani.cr  and 
to  lh«j  /iamc  extent  ai  tbe  t(Htal<;r  or  int<sta(c  or  the  ward 
or  per'>on  inten-kti d  in  f  uch[uiid  wouhl  have  been  if  he  had 
bt«n  living  or  com|)«;te<it  l'>  act  or  h<  hi  the  s^oi  k  in  his 
own  name-  Hver)  fiueii  exrcutor,  adininistrntor,  guardian 
or  tru«iUe,  rcprc-fenting  fthqres  of  stock  as  aforesaid,  and 


«OII> 


249  1857. 

every  jcrson  pl^'l^ing  M-?  stock  as  aforesaid,  may  repre- 
sent the  siune  at  all  meetings,  and  vote  accordin<;Iy. 

§1  11.  The  trustees  aforesaid  sliall,  as  soon  as  may  be,  *^','|[^'"' " *^™ 
appoint  a  committee  tn  consist  of  five  peisor.?,stocklipldtr3 
in  said  corporation,  wliiclisliall  be  known  and  stvltd  tlic  "ar- 
bitration commitli'e  of  the  Chicago  I\Ii  rchants'  Exch:uiije 
Comnanj;''  and  tlie  comukittee  so  ap['ointed  sliall  continue 
in  offiet^.  until  tiie  first  annual  meeting  of  the  stockholders, 
aod  then  and  thereafter  tiie  members  of  such  committef^ 
shall  be  elected  annually  with  the  other  otfieers  of  said 
corporation. 

5   J-.     The  award  uf  said  arbitration  committee  upon  P'-'^f"  or  aiut. 

-     ,.  —  1*1  •  r  trill 'ii 

fny  matter  ot  dillerence  submitted  to  such  committee  for  ..liuei. 
arbitration,  in  writing,  with  or  without  seal,  by  any  mem- 
ber of  said  corporation  or  by  any  other  person  whomso- 
ever, shall  have  the  fame  force  and  effeet  as  if  the  same 
had  been  submitted  to  the  arbitration  of  the  members  of 
said  committee  of  reference,  by  their  individual  names,  by 
deed  of  submission ;  and  such  award  may  be  filed  and 
made  a  rule  of  court  and  judgment  entered  thereon  and  exe- 
cution issued  in  the  same  manner  and  under  the  same 
rules  and  rtgulations  that  other  awards  may  be  entered 
under  and  by  virtue  of  the  pro\  i<ions  of  the  seventh  cha]/- 
ter  of  the  Revised  Statutes  entitled  ''.\rbitralions  and 
Awards.''  Writs  of  error  may  be  iiad  and  appeals  taken 
from  tl'.e  decision  of  the  court  in  tlie  same  manner  as  i3 
prescribed  in  said  chapter. 

§  13.  No  submission  or  arbi'raticn  bond  shall  be  re- 
quired to  be  filed  witli  such  awards,  but  four  days'  notice 
of  the  filing  of  such  award  sliall  be  given  to  the  oj'posite 
party  by  the  party  filing  the  award.  Said  committee  of 
reference,  when  sitting  as  arbitrators  as  aforesaid,  shall 
have  the  right  to  issue  sub]  oinas  and  compel  the  attend- 
ance of  witnesses  by  attachment,  the  same  as  justices  of 
the  ]»eace. 

§  14.  This  act  is  hereby  declared  to  be  a  ]niblic  act, 
arid  be  so  treated  and  considered  in  all  the  courts  and 
other  places  whatever,  and  nothing  herein  contained  shall 
be  construed  or  held  as  intending  to  confer  any  banking 
or  insurance  privileges. 

§  1-).  This  act  shall  take  effect  immediately  on  its 
passage. 

Approved  Feb.  .'>,  1857. 


1857.  250 

April »».  l^5-.    AN  ArXto  Incorporal©  Dixon  ColI<>j|;i.\te   laslitutt,  at  Dixon,  Leo  Co. 

Illinois. 

Sectio.n  1.     He  if  enacled  by  the  people  of  the  state  of 
I//inois,  represcntt'J  in   the    Genera/  *isseT}i')li/,  Tlir.t  \V. 

Ofvw«u>r»>       W.  Hertton,  A.   C.    Sleadiuan,  I.  L.  Camj),  John    Dement 
*•"•*■  and  E.  B.  Stiles   and  their  successors  in  office,  to  be  ap- 

pointed by  tlie  stockholders  of  the  Dixon  Collegiate  Insti- 
tute, and  Hon.  William  B.iiley  of  Rock  Island,  Hon.  John 
Coates  of  Freeport,  Mr.  II  \'.  Bacon  of  Princeton,  Kev. 
S.  T.  Wilson  of  Rock  Island,  Rev.  Ciias.  Axtell  of  Galena, 
Rtv  Jacob  Coon  of  Union  Grove,  and  Rtv.  J.  C.  Barr  of 
Princeti>n,  and  their  successors  in  otfice,  to  be  appointed 
by  the  Presbytery  of  Rock  River  in  connection  with  the 
Geiieral  Assembly  of  the  Presb}  terian  church  in  the  United 
States  of  America,  and  who  in  all  cases  shall  be  members 

^l«ypoiitif  and  of  Said  churcii,  be   and  hereby  are   created  u  body  politic 
•-Tpon  ^^j   corporate,   by  the    name  of  the   "Trustees  of  Dixon 

Collegiate  Institute;"  and  by  this  name  to  remain  and 
have  perpetual  succession,  with  power  to  contract  and  be 
contracted  with,  sue  and  be  sued,  plead  and  be  impleaded; 
to  receive,  ac.juire,  hold,  transfer  and  cc^nvey  property, 
real,  peri^onal  a:id  mixed  ;  to  have  and  uso  the  same,  to- 
gether with  the  issues,  rents  and  profits  thereof,  for  the 
use  of  the  institution  :  Proric/edy  however^  that  money  or 
property  donated  for  a  special  purpose  shall,  if  accepted, 
be  applied  faithfully  for  such  purpose. 

GMim-M      cMi      §  'Z.     Said   trustee';  shall   have   j)ower  to  have,  use  and 

DT- •"».      change   a  common   seal   at   j>li'asure,   Jind    adopt   by  laws 

regulating   the   operations   of  the  corporation    and   of  its 

Tf*^^»^-  officers  and   agents:   PnjriJcd,  //o;/v  r,' r,  said  by-ltws  be 

not  inconsistent  with  the  constitution  and  laws  of  the 
United  States  and  of  tiiis  state. 

<*Hrt«  §  :'..     The  object  of  tliis  corj)oration  shall  be  to  advance 

the  cau?e  of  education,  grntrally,  and  to  promote  the 
interests  of  science,  murals  and  religion  in  the  community. 

»«••»»  «*  tn»-  §  J.  The  trustees  shall  have  power,  with  the  concur- 
rence of  the  Presbytery  aforesaid,  to  select  and  emj)loy  a 
president,  who  shall  be  a  m»  mber  of  the  Presbyterian 
church,  and  also  principal  prof»;ssors,  who  shall  constitute 
a  facul'y,  liaNing  p«)w»r  to  select  and  employ  assistant 
teachers,  prescribe  the  course  of  study  and  exercise  dis- 
cipline :  J'rurif/t f/y  hoirrvrr,  that  all  salaries  and  tuitions 
shall  be  fixed  by  the  trustees. 

'22"  '^v**^^'  ^  ■').  The  riresident,  with  the  j)r  )fessors  an<l  t<'a(;!iers, 
iliall  have  full  pow«  r  to  i  nforc*-  all  laws  and  regulations 
adopted  ly  the  truHtces  f<.r  the  government  of  tin;  institu- 
tion;  and  the  faculty,  in  eoniiection  with  the  trustees,  may 
coiif*  r  academical,  collegiate  or  honorary  degrees,  similar 
lo  thuie  conferred  by  other  semiiiaries  and  insti'.utions  of 


251  1857. 

u  like  character;  and   to  grant  certificates  and  diplomas 
under  their  cummon  seal. 

§  L».  Said  trustees  sliall  have  power  to  establish  separate  Powen  ox  ryw- 
male  and  female  departirenta,  |)rimar}',  preparatory,  srien- 
tific,  agricultural  and  classical  departments  3  they  may 
also  establish  and  endow  regular  chairs  in  philosophy, 
science,  belles  letters  and  theology,  similar  to  those  of 
other  first  class  colleges. 

§  7.  The  bo;ud  of  trustees  shall  hold  their  first  meet-  Meeting cf  um- 
ing  on  the  first  Wednesday  of  April,  1857,  in  the  town  of 
Dixon,  county  and  state  aforesaid,  when  such  a  division 
of  the  members  shall  be  made  a?  that  one  of  those  ap- 
pointed by  the  stockholders  and  two  oi  those  appointed  by 
the  Presbytery  aforesaid  shall  go  out  of  office  at  the  end 
of  each  year ;  and  all  vacancies  occurring,  from  any  cause,  T«c»ncief. 
in  eitlier  of  these  classes  of  the  members  of  the  board,  shall 
be  filled  by  the  bodies  originally  appointing  them,  at  any 
regular  meeting  thereof  or  meeting  called  for  that  purpose. 

§  8.     Seven  of  the  board  of  twelve  trustees  shall  con-  Quornm 
stitute  a  quorum  for  the  transaction  of  business,  and  a  less 
number  may  adjourn  from  time  to  time. 

rAmiii  1111  A  I  •  Et»l«&l»t«. 

§  '.♦.  The  trustees  ihall  have  power  to  purchase,  receive 
and  hold,  in  their  corporate  capacity,  real  estate  and  other 
landed  property  ;  and  all  sucli  bequests,  devises,  dona- 
tions and  endowments,  as  fron.  time  to  time  may  be  made, 
given,  bequeathed,  devised  or  donated  for  the  use  of  said 
institution. 

§10.     All  the  transactions  of  the  board  of  trustees  shall   to.".'*"*'   "' 
be  subject  to  the  review  and  revision  of  the  said   Presby- 
tery of  Rock  River,  at  its  next  stated  meeting  thereafter  or 
at  any  regularly  constituted  meeting. 

§11.  All  the  rights  aiid  duties  devolving  upon  said  uJ,'"  *""'"'' 
Presbytery  of  Rock  River,  by  any  of  the  provisions  of  this 
charter,  shall  vest  in  and  be  binding,  in  case  of  its  division, 
upon  that  Presbyter}'  in  connection  with  the  General 
Assembly  of  the  Presbjterian  church  within  whose  bounds 
said  institution  be. 

§  1-.  The  block  or  blocks,  lot  or  lots  of  land,  with  all 
real  estate  and  the  improvements  of  every  character 
thereon,  together  with  all  personal  property  of  the  corpo- 
ration, or  belonging  to  the  said  institution,  shall  be  exempt 
from  all  taxation  for  any  purposes. 

Approved  Feb.  5,  1657. 


lSo7.  '2o'2 

^e^  MSiT.  .\X  ACT  to  iiicorporate  Ihc  town  of  BelviJcro. 

Section   1.     Be  if  eniKtcd  fiy  the  people  of  the  state  of 
Jt/innii,   represented  in  the    General  *'^sxeinbly^  Tliat  the 
I   an.,  inhabitants  of  the  town  ot'  Bolvidere,  in  Boone  county,  are 
•  tf  liertby    constituted   a  bodv  ]ioIitie   and   corporate,    to  be 

known  by  the  name  of  "The  Provident  and  Trustees  of  tlie 
town  of  Belvidere  ;"  and  by  that  na»ne  shall  be  known  in 
law,  and  have  perpetual  succession  ;  may  sue  and  be  sued, 
inplead  and  be  impleaded,  defend  and  be  defended,  in 
courts  of  law  and  equity,  in  all  matters  and  actions  what- 
soever; may  parrhase,  talre,  receive  and  hold  personal 
property  and  real  estate,  within  the  limits  of  the  incorpo- 
ration, but  not  elsewhere;  may  lease,  sell  and  convey  the 
same  ;  and  do  all  other  lawful  acts  within  the  scope  of  this 
act  of  incorporation  as  natural  persons  may  do  ;  may  have 
a  common  seal,  and  break  and  alter  the  same  at  pleasure  : 
Provili  (I,  no  lands  shall  be  sold  by  them  which  har  been 
conveyed  to  or  is  held  by  the  corporation  for  streets, 
alleys,  lanes,  public  grounds  or  squares. 

§  1.  That  all  that  district  of  country  contained  in 
•^nd  known  as  all  of  section  twenty-six  and  the  we«t 
half  of  section  twenty- five,  in  township  number  forty-four 
north,  of  range  three  cast,  in  Boone  county,  and  also  all 
adflit'ons  of  lot^,  blocks  and  out  lots  to  said  town  of  Bel- 
vidtre,  which  have  heretofore  been  laid  out  and  recorded 
in  the  recorder's  office  of  said  county  of  Boone,  is  hereby 
declared  to  be  witliin  the  limits  ot  the  incorporation  here- 
by created  :  Pr(>i'i:!t  il^  the  board  of  trustees  may  extend 
the  limits  of  said  incorporation,  not  to  exceed  two  miles 
square  of  land. 
Tr«si«c«.  ^  :).     The  corporate  powers  and  duties  of  said  incorpo- 

ration shall  be  vested  in  five  triistees,  who  shall  form  a 
board  for  the  transaction  of  business.  The  first  board  of 
tru^ti^es  shall  be  elected  on  thn  second  Monday  in  March 
next,  and  thrreaftor  shall  be  elected  annually  on  the 
second  Monday  in  March,  in  each  and  every  year,  to  serve 
f'»r  one  year  and  until  thtir  .successors  are  elected  and 
qualified  ;  they  shall  be  eltizens  of  the  United  States, 
twfnty-Mi»M  years  of  ago,  shall  possess  a  freehold  estate 
wltliin  the  limits  of  the  iriC(<rporaiion,  and  shall  have  re- 
sided therfin  s't  least  one  year  nr-xt  preceding  the  elec- 
tion. No  failure  to  elect  trustees  on  the  day  appointed 
shall  operate  as  a  dissolution  of  the  corpor;jtion,  but  such 
election  may  be  lnld  on  any  subserjuent  day,  upon  five 
day-'  notice,  given  by  any  fivj;  legal  voters  of  said  town, 
or  the  clerk  of  th'^  board  of  trustees,  in  hucIi  manner  as 
the  board  of  trM**''''"*  ^h.il  by  ordinance  direct,  may  call 
such  election. 


253  1857. 

§  4.     Tlie  boaid  of  trustees  shall  appoint  their  president  President       or 
from  their  own  body,  who  shall  preside  at  the  meetings  of     '"^  " 
the  board  ;  and  in  case  of  absence  or  inability  to  serve  of 
the  president,  the  trustees  present  shall  have  j)0wer  to 
elect  a  president  ])ro  tern,  from  their  own  number.     The 
board  shall  be  judges  of  the  qualifications,  elections  and  powcm of  i>oara. 
returns  of  their  own  members.     A  majority  of  the  trustees 
shall  constitute  a  board  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day  and  may  compel  the  attend- 
ance of  ab:^ent  members,  in  such  manner  and  under  such 
penalties   as  they  shall  provide.     Tlie   board  of  trustees 
shall  determine  the  rules  of  })roceeding  and  order  of  busi- 
ness before  them,  ])unish  their  members  or  other  persons 
for  disorderly  conduct  before  the  board  while  in  session, 
and  by  a  vote  of  four- fifths  of  the  wliole  number  elected 
expel  a  member,  for  good  cause  shovv^n  ;  and  make  such 
other  rules  and  regulations  for  their  own   government,  as 
to  them   may  seem   meet,  proper  and   expedient ;  and  in 
case  of  death,  removal  from  the  limits  of  the  incorporation, 
neglect  for  the  space  of  three   months   together  to  serve, 
or  refusal  to  serve,  to  be  signified  in  writing  to  the  boaid, 
of  any  member  or   n. embers  of  the  board,  the   remaining 
members  may  appoint  to  fill  the  vacancy  thereby  occa- 
sioned. 

§  5.     No  person  shall  vote  at  any  election  of  officers  Qimjincstjcau  of 
of  said  incorporation   unless  he   be  qualified    to  vote   for   ^''''^"• 
representatives  to   the  general  assembly,  and   shall  have 
resided  within  the   limits  of  said  incor|)oration  for  three 
months  next  preceding  the  election.     No  person  shall  be  Qiuiiincaii m  «.' 
appointed  or  elected  to  any  office  under  this  incorporation   "'"'""• 
unless  he  be  at  the  time  entitled  to  vote  at  all   elections 
under  this  act;  and  all  such  elections   shall  be  by  ballot, 
and  tie  votes  shall  be  decided  by  lot  in  the  presence  of  the 
board  of  trustees. 

§  0.  The  board  of  trustees  shall,  annually,  &t  the  next  Townofflo€r». 
regular  meeting  after  their  election  or  as  soon  thereafter 
as  may  be,  appoint  a  clerk  of  the  board  of  trustees,  a 
treasurer,  and  such  other  officers,  from  time  to  time,  as 
they  may  dtem  necessary,  and  for  such  term  as  they  shall 
by  ordinance  direct, not  exceeding  one  year.  An  assessor 
and  constable  of  -;aid  incorporation  shall  be  elected  at  the 
same  time  and  in  the  same  manner  and  for  the  same  term 
as  truste.  7  shall  be  elected,  as  provided  in  this  act.  The 
board  of  '.rus'.ees  shall  have  power  to  define  and  regulate 
the  duties  of  the  officers  of  the  incorporation,  in  such  man- 
ner and  under  such  penalties  as  they  s!iall  deem  proper, 
and  to  provide  for  their  compensation. 

§  7.     The  board  of  trustees  shall  have  power  and  they  omc.ai  b^nd-ad 
are   hereby  directed   to  require  of  said  clerk,  treasurer,   °^'''* 
assessor  and  constable  to  take  an  oath  of  office  and  file  the 


r?^.  25-4 

same  with  the  clerk,  and  to  p:i\e  bi-nd,  with  sufficient  se- 
curity, to  be  approved  by  said  board  of  trustees,  well  and 
truly  to  perform  the  duties  of  their  respective  offices,  as 
shall  he  reqMir»?d  of  them  h\  law  or  the  ordinances  of  said 
t«>w  n,  from  tiinf  to  time,  and  in  such  penalties  as  the  board 
of  trustees  shall  direct ;  all  such  bonds  to  be  given  to  said 
incorporation  by  its  corporate  nnme. 

r>*«ri«»orT^«       §  ^-     Tiie  board  of  trustees  shall  have  power  to  borrow 
■*f  money    on   the   credit   of   the   town :    Frovideily   that    the 

amount  oi  money  borrowed  and  the  indebtedness  of  the 
incorporation  on  account  of  money  loaned  shall  at  no  time 
exceed  two  thousand  dollars,  and  at  a  rate  of  interest  not 
exceeding  ten  per  cent,  per  annum. 

u*^^nx*f^n.»-       §  **•     Any  member  of  the  hoard  of  trustees,  knowingly 
■••'•  votinc;  in  favor  of  any  mi'^.ipplioation  or  wrongful  conver- 

sion of  the  funds  or  personal  i>ropert3'  of  t'le  town,  shall  be 
personally  liable  to  the  town  in  an  action  on  the  case,  for 
the  amount  so  misapplied  or  converted  and  costs. 

fowm  Of  ira»-       §    10.     The  board  of  trustees  shall  also  have  the  power 
'**'■  to  make  regulations  to  secure  the  general  health  of  the  in- 

v*iM*<«.         habitants;  to  declare  what  shall  be  nuisance,  and  prevent 

ir»«r.  and  remove  the  same;  to  provide  the  town  with  water,  and 

dig  wells,  erect  hydrants  and  pumps  in  the  streets  for  tliB 
coHvenience  of  the  publfc;  to  oi)en,  alter,  extend,  estab- 
lish, grade,  plank,  pave  and  in  any   other  way  or  manner 

luM^  improve  and  keep  in  rej)air  streets,  avenues,  lanes  and  al- 

leys, sidewalks,  cross  walks,  drains  and  sewers  ;  to  estab- 

Brii^M.  Ii<?h,  erect  and  keeji  in  re[)air  hridg'^s  ;  to  j)rovide  f«>r  the 

erection  of  all  needful  l)uihlings,  for   the  use  oi  the  town; 

irirrtram'^.  to  provide  for  inclosing,  improving  and  regulating  all  pub- 
lic squares  or  ]daces  within  or  belonging  to  the  incorpora- 

Tf»w.  tion;  jdnnting  trees   in  thr  str«M-ts  and  puMic  squares,  for 

ornament  or  shade,  and  t!»e  |)rotection  of  the  same;  to  re- 
strain and  prohiljit  shooting,  horse  racing,  indecent  expo- 

««aiac,  k'.  sure  of  horses  and  persons,  houses  of  ill-fame,  gaming  and 
gaming  houses,  and  other  disorderly  houses,   and  to  sup- 

n.,,B,gft^^  i)ress  the  same;  to  provide  for  taxing,  licensing  and  regu- 
lating theatrical  or  otiif  r  sliows  and  amtisemei.ts,  for  the 
admi<t«ion  to  which  mon«y  or  anything  is  charged;  to  regu- 

w^tm      t^-  late  an<l  license  merchants,  auctioneers  and  peddlers;  the 

***"■  exclusive  power  to  r«'gulate,  j)rohibit  or   license  the  sell- 

u-mif    •'•'••  ing  of  spirituous,  vinoiis  and  mallli(}uors  of  any  kind,  with- 
'•••  in  the  corporate  limits;   to  restrain  and  prohibit  the  run- 

ning at  large  of  any  horses,  cattle,  sheep,  swine,  goats  or 
dogs,  within  said  rorpnration;   to  erect  inarkf  t  houses,  to 

u*^»^.  establish  markets  and  market  places,  an<l  provide  for  the 

Ufe,  government  and  regulation  lh<re(jf;  to  fix  the  rates  to 

»••  ^/f  :«rrtK«  ^'^  charged  for  the  carriage  of  persons  and  property,  with- 
in the  limits  of  said  incorporation,  by  carriages,  wagons 
fleighi  or  drftji;  to  provide  for  the  prcicrvatiun  from  and 


Aal««lJL 


255  18?r>. 

extinguiFliment  of  fire?;  (o establish  and  regulate  a  fire  de-  f ire <jer*<jut»»«. 
partinent;  to  regulate  the  storage  of  gunpowder  and  all 
other  combustible  materials;  to  regulate  the  sale  of  game; 
to  regulate  the  speed  at  which  railroad  locomoti\  es  and 
cars  shall  be  driven  or  horses  rode  or  driven  through  said 
incorporation;  to  regulate  the  police  of  the  town;  to  regulate  ''^'i'^»' 
the  election  of  officers  of  tlie  incorporation;  to  provide  for  coTnieniaiioB  or 
their  compensation,  except  that  the  board  of  trustees  shall 
not  recfive  any  comj»ensation  for  their  services  as  such, 
and  shall  be  incompetent  to  hold  any  other  corporation 
office  during  the  term  for  which  they  may  have  been  elected 
trustees,  having  accepted  of  such  office  of  trustee  ;  to  pro-  ProrisioDt. 
vide  for  the  inspection  and  weighing  of  hay  and  coal,  the 
measurraent  of  charcoal,  firo  woo!  or  other  fuel,  to  be 
sold  or  used  within  the  incorporation  ;  to  make  all  such  '*>'■'''-"''""»"*♦•. 
ordinances,  from  time  to  time,  and  alter,  amend  and  rept  \l 
the  same,  as  shall  be  necessary  to  carry  into  efT-.  '  and 
execution  the  powers  specified  in  this  act,  so  that  the  same 
be  not  inconsistent  herewith  nor  with  the  laws  or  constitu- 
tion of  the  United  States  or  of  this  state;  to  impose  fines,  rin«»  •i«i  D«n»)- 
forfeitures  and  penalties  for  the  breach  of  any  ordinance  of 
the  incorporation,  and  to  provide  fortlie  recovery  and  ap- 
propriation of  any  such  fine  or  forfeiture,  and  the  enforce- 
ment of  any  such  penalty;  to  provide  for  the  infliction  of 
fines  or  penalties  upon  any  officer  of  the  incorporation  ne- 
glecting or  refusing  to  perform  any  duty  or  act  required 
of  such  officer  in  this  act  to  be  done;  to  cause,  from  time  Ccbitib. 
to  lime,  a  census  of  Hie  inhabitantsof  said  town  to  be  taken, 
and  in  their  discretion  to  divide  said  town  into  wards, 
and  designate  the  number  of  trustees  that  each  ward  shall 
be  entitled  to;  to  provide  for  the  election  of  two  justices  of  Justice?  a  l^• 
the  peace  from  the  legal  voters  of  the  incorjtoration,  at  the  ^**^*' 
election  of  the  board  of  trustees  by  the  legal  voters  of  the 
town,  who  shall  hold  their  office  for  four  years  and  until 
tiieir  successors  are  elected  and  qualified,  returns  of  whicji 
election  shall  be  made  by  the  clerk  of  the  town,  and  such 
justices  shall  be  commissioned  by  the  governor,  give  bonds, 
to  be  filed  in  the  town  clerk's  office,  and  running  to  the 
board  of  trustees  of  the  town,  and  in  all  other  respects  be 
qualified  and  conform  to  the  general  laws  of  the  state  pro- 
viding for  the  election  and  qualification  of  justices  of  the 
peace,  and  shall  have  the  same  jurisdiction,  power  and 
autiiority,  and  perform  all  such  acts  and  duties  as  are  or 
may  be  by  laws  of  this  state  vested  in  or  required  of  jus- 
tices of  the  peace  at  and  within  said  county  of  Booae.  And 
in  case  of  death,  removal  from  the  incorporation,  inca- 
pacity (»r  refusal  to  serve  of  any  justice  of  the  peace  elected 
under  this  act  to  provide  for  filling  the  vacancy  by  election. 

§  11.     The   regular   meeting  of  the   board    of  trustees  Me*tinn  of  tht 
sliall  be  on  the  first  Monday  of  every  mouth,  at  fuch  time,   '*^'*** 


1S5T.  cr.n 

on  saM  days  ami  pKioe  a"?  by  onllaance  tlicy  shall,  de^ig- 
n:\te,  ami  tliev  Jnay  proviiK"  for  tlio   holding  of  adjounu'd 
and  special  iiu'»'ting«. 
^.  .    ^  ^  V2.     The  bjard  of  trustees  shall  have  power  to  levy, 

annually ,  at  the   first  regular  meeting  of  the  board,  after 
their  eleorion,  or  such   other  time   as  tliey  m.^y  designate, 
and  collect  taxes  for  the  incorporation  upon  all  real  estate 
within  the  limits  of  said  corporation,  and  upon  all  personal 
property  of  tlie  inhabitants  of  the  town,  within  said  town, 
not  exceeding   one   per  centum   upon  the  assessed  value 
AMTMuirat.       thereof.      In  making   such  assessment  the  assessor  shall 
be  governed  by  the  laws  of  this  state  directing  the  assess- 
ing of  property  for  state  and  county  purposes,  for  the  time 
being,  as  near  as  may  be,  and  so  as  not  to  conllict  with  the 
provisions  of  this  act:   Prui'u/rd,  that  the  trustees   may 
adopt  the   then  last   assessment   made   under  the  general 
laws  of  the  state.     The  assessor,  after   having  made   his 
asse<?sment  roll,  shall  deposit  the  same   with  the  clerk  of 
the  board  of  trustees,  who  shall  note   thereon  the  time  of 
such  deposit,  for  inspection  of  any  and  all  persons  inte- 
rested, for  the  space  of  ten  days,  posting  up  notices  in  four 
of  the  most  public  places  in  said  town  that  said  roll  is  so 
.left  for  inspection,  and  shall,  uj)on  the  lapse  of  said  ten 
days,  attach  t>)  said   assessnunt  roll   his  affidavit,  stating 
therein  the  time  of  depositing  said  roll  with  said   clerk  as 
aforesaid  and  the  time  of  postin^j  said  notices.      The  clerk 
shall  fib-  and  carefully  jireserve  said  roll  in  his  office  ;  and 
all  taxes  levied  upon  real  estate  are  declared  to  be  a  lien 
on  the  real  estate  upon  whicli  the  same  are  assessed,  from 
and  aftt  r  such  roll  is  deposited  with  said  clerk  as  afore- 
said until  paid. 
c*«t u.  r.M M>-      §  i:).      It  shall  he  tiie  duty  of  the^clerk  of  the  board  of 
trustees,  within  five  days  thereafter,  to  jjost  up  notices  in 
four  of  the  most  public  places  in  said.  cor|)orati()n,  and  also 
insert  .such  notices  in  a  new.<;paj)er,  should   there  be  one 
publis!»«;d  in  said  town,  that  at  .i  place  and  on  a  day  to  be 
therein  named,  not  more  than  two  weeks  from  the  time  of 
said  depositing,  as  provided  in  section  twelve  (12)  of  this 
act,  the  board  of  trustees  will  meet  for  the  purpose  of  in- 
specting said  as.sessmenl,  when   and  where  it  shall  be  the 
duty  of  'he  board  of  trustees  to  m»'et  and  hear  and  inves- 
0»-^hia*».        ligale,  under   oath  of  the  parlies   complaii.ing,  to   be  ad- 
ministered by  the  ch  rk  of  said  board,  any  complaints  tliat 
t!ic  party  complaining  In  charged  with  property  which  did 
no*  belong  to  him  or  her  at  the  time  the  same  was  ass<  .7s«d, 
or  ifia!  his  or  her  properly  is  a^sepscd  too  high  ;  and  shall 
in  all  such  cases  so  alter  or  amend,  or  not,  said  roll,  as 
*f  'i^  to  them  »hali  seem  right :  Vr>n  i<h  <l^  hjjvivfr^  that  if  a  regu- 

I'.r  m«ellng  of  the  board  of  trustees  will  happen  at  any  timi? 
within  three  weeks  after  the  filing  of  said  roll,  then  it  shall 


257  1857. 

not  be  necessary  to  have  a  special  moeting  (convened,  as 
above,  but  tlie  matters  specified  in  this  section  may  be 
acted  upon  at  sucIj  re<]jular  meetinj.^. 

§  It.  After  such  assessment  roll  shall  havf'  been  before  ciiccioi'*  war- 
the  board  of  trustees  for  its  action  thereon,  as  above  pro-  '■""°"""'- 
vided  for,  and  after  nidking  such  alterations  thereii^  as 
they  may  deem  nectssary,  under  the  preceding  section, 
it  shall  then  be  the  duty  of  the  board  to  cause  a  warrant 
to  be  issued,  under  the  seal  of  the  corporation,  and  signed 
by  the  president  and  clerk  of  .^:;iid  board,  directed  to  the 
town  constable,  with  a  copy  o(  said  assessment  roll  at- 
tached, commanding  him  to  proceed  and  collect  the  same, 
within  ninety  days  after  the  date  thereof;  and  in  the  col- 
lection thereof  tlie  said  town  constable  is  vested  with  the 
same  powers,  and  to  be  exercised  in  all  respects  in  the 
same  manner  as  collectors  of  taxes  are  in  and  by  the  act 
to  provide  tor  township  organization,  as  far  as  the  same 
shall  he  applicable. 

§  15.  It  shall  be  the  duty  of  the  town  constable  to  pay  Duties  or  coi- 
to  the  treasurer  of  the  town  all  moneys  collected  by  him,  '°"*'^' 
deducting  his  per  centage,  frtnn  time  to  time,  as  fast  as 
colieoted,  and  to  make  return,  in  writing,  thereof,  lo  the 
clerk  of  said  board,  under  oath,  showing,  first,  the  amount 
of  money  and  on  what  account  collecicd  by  him;  secondly, 
the  taxes  on  personal  and  real  estate  that  he  cannot  col- 
lect and  the  reason  therefor,  stating  specificall)',  as  in  the 
warrant,  and  making  separate  return  of  the  personal  and 
of  the  real  estate  upon  which  taxes  remain  unpiiid. 

§  IG.     The  town  constable,  with  his  sureties,  shall  be  liabiiiueg. 
liable    lor  all  taxes  that,  by  the  use  of  due  diligence,  he 
might  have  collected,  and  shall  fail  so  to  do. 

§  17.  It  shall  be  the  duty  of  the  town  clerk  to  file  in  Delinquent  tax** 
the  olfice  of  the  county  clerk  uf  Boone  county  a  copy, 
certified  under  the  corporate  seal  of  the  incorporation,  of 
the  return  of  the  town  constable,  sliowing  the  real  estate 
upon  which  taxej  remain  unpaid,  at  least  five  days  befi.re 
the  first  day  of  the  next  term  of  said  court  which  shall  be 
holden  after  the  return  of  said  warrant,  and  filing  the  same 
in  his  office,  and  shall  cause  a  notice  of  an  application  to 
be  made  to  said  county  court  for  an  order  to  sell  the  same 
for  nonpayment  of  taxes  and  costs;  and  the  time  and 
place  of  such  order  to  be  published  in  the  same  manner  as 
required  by  law  for  the  Pale  of  real  estate  fornon- payment 
of  state  and  county  taxes;  and  the  county  court  sliall 
thereupon  proceed  to  dispose  of  the  matter  in  the  manner 
and  as  is  required  by  law  in  such  cases. 

§  18.     The  town    constable  shall  make   the  sale  under  file?  fori. icv 
the  order  of  the  county  court,  provided  for  in  tlie  above 
section,  and   the  clerk  of  the  county  court  shall  keep  a 
record  of  such  i»a!c,  file  the  same  in  his  office,  in  a  book  to 
-^9 


1857.  258 

be  provided  for  that  purpose,  issue  certificates  to  tlie  pur- 
chasers, and  said  officers  shall,  in  all  things  in  and  about 
said  s.ile,  romp  y,  as  near  as  may  be,  with  the  provisions 
of  the  laws  for  the  time  being,  directing  sales  of  lands  for 
non-payment  of  state  and  county  taxes. 

EMoinptiMi  §  10.     Wlien  any  real  pstate  in  said   town  shall  be  sold, 

r .Maui »»!«•.  gj  jj,  herein  pro\ided,  f>r  non-i)ayment  of  taxes,  the  same 
shall  be  subject  to  redemption  by  any  person  interested 
tliertin,  witiiin  two  years  after  the  same  shall  have  been 
sold,  on  paying  to  the  clt-rlc  of  the  incorporation  double 
the  amount  for  which  the  same  may  have  been  sold,  atid 
all  taxes  assessed  for  corporation  purposes,  which  may 
have  be^'n  paid  by  the  purchaser  at  such  s  ile  since  tuch 
sale,  with  legal  interest  thereon  from  the  time  of  such  pay- 
ment to  the  time  of  such  redemption  ;  and  thereupon  the 
clerk  of  the  county  court  sliall  make  out,  to  the  person  so 
redeeming,  a  certificate,  under  his  hand  and  the  seal  of 
the  said  court,  specifying  th^  lands  redeemed,  the  time  of 
redemption,  the  moneys  paid,  and  by  whom;  which  shall 
be  prima  fncie  evidence,  in  all  courts  whatsoever  of  the 
acts  therein  stated.  The  clerk  shall  pay  such  moneys  to 
the  treasurer  of  the  town,  taking  and  iiling  his  receipt 
therefor,  and  the  treasurer  shall  deposit  the  same  in  tlu; 
town  treasury,  for  the  use  of  the  ptirchaser  at  such  sale, 
to  be  paid  out  to  him  or  his  assigns,  on  demand  therefor 
and  receipt  given. 

Tivne  o(  pirmeci  §  -'^-  Taxes  and  all  costs  made  thereon  maybe  paid  at 
any  time  to  the  town  constable  before  the  sale  of  the  land  for 
non-payment  thereof.  In  case  any  real  estate  sold  under 
the  provisions  of  this  act  shall  be  and  remain  unredeemed, 
as  above  provided,  at  the  exj)iration  of  two  years  from  the 

i>fA  ixoAfrr  isi  date  of  sucli  sale,  a  deed  shall  be  made  out  and  signed  by 
****■  the  presulent  and  countersigned  by  the  clerk  of  the  county 

cotirt,  under  the  seal  of  the  said  court,  and  duly  acknow- 
ledged by  said  officers,  conveying  the  land  to  the  purchaser 
or  his  assigns  or  his  or  their  heirs  or  assigns,  upon  proof 
of  such  notice  to  the  owner  of  the  land,  as  is  reqtiired  by 
the  constitution  and  laws  of  this  state,  of  the  sale  of  land 
for  non-payment  of  taxes. 

froTkiiM    r»t»-       §  'Jl.      Lnnds  siluHted  in  said  incorporation  shall  not  be 
^^,*"  *^***'  liable  to  be  assessed  for  road  taxes  under  the  general  lawi 
of  the  state  on  that  subject. 

rMtofoOcvra.  §  2'J.  Officors  acting  under  this  act  of  incorporation  in 
the  sale  of  lands  for  th.-  ?ion-j)ajment  of  taxes,  and  in  all 
proceeding*;  jireredint  and  ronserjnent  to  Mie  order  to  sell 
the  «ame,  shall  be  f  ntitletl  to  the  same  fees  as  shall  be 
allowed  by  law  for  similar  services  under  the  revenue 
laws  of  this  itate,  and  the  sarao  shall  be  a  charge  upon 
land,  taxed  and   in(duded  in  the  order  of  the  court  direct- 

|^r*upr<v«rt7;  jng  sucli  salc,  85  IS  provided  io  said  laws.     Private  property 


259  1857. 

sliall  not  be  taken  for  the  opening,  widening  or  altering  of 
any  public  street,  lane,  avenue  or  alley,  unles?  upon  j)eti- 
tion,  signed  by  thirty  legal  voters  of  said  town,  and  notice 
given  by  publication  in  a  newspaper,  or  by  |)ostiiig  the 
same  in  four  public  places,  of  t\i>c  time  and  place  of  the 
presentation  thereof  to  the  board  of  trustees,  who  shall 
proceed  to  hear  and  determine  tlie  matter  at  such  time  or 
adjourn  the  matter  lo  such  time  as  by  thera  shall  be  thought 
proper;  such  notice  to  be  given  at  least  ten  days  before 
the  time  of  presentation  of  such  petition. 

§  2t>.  When  it  shall  be  necessary  to  take  private  pro-  CompensaLi.m 
pertj  tor  opening,  widenuig  or  altering  any  jniblic  street, 
lane,  avenue  or  alley,  the  corporation  Siiall  make  just  com- 
pensation lor  damages  to  the  person  whose  property  is  so 
taken;  and  if  the  amount  of  such  com[)enpation  cannot  be 
agreed  upon,  the  board  of  trustees  of  said  town  shall  se- 
lect, by  ballot,  five  commissioners,  legal  voters  of  said  cor- 
poration, and  not  directly  interested  in  the  question,  who 
shall  proceed,  having  been  first  duly  sworn,  to  make  as- 
sessment of  such  damages  fairly  and  according  to  law,  to 
examine  tlie  premises  and  hear  all  parties  interested  m  the 
matter  who  may  appear  before  them.  They  or  a  majority 
of  them  shall  make  out  their  award  in  writing,  and  return  iw^rd  cf  com- 
the  same  to  the  board  of  trustees,  under  their  hands  and  '»*"»''"<^f»- 
seals,  with  a  certificate  of  the  oath  by  them  taken;  and  in 
case  they,  or  any  three  of  them,  shall  be  unable  to  agree 
upon  any  award,  they  shall  be  discharged  by  the  board  and 
other  cominission^^rs  in  like  manner  selected  in  their  place. 
They  shall  also  assess  upon  the  property  in  the  town,  by 
them  deemed  benefitted  by  the  opening,  widening  or  alter- 
ing such  street,  avenue,  lane  or  alley,  the  damages  by 
them  assessed  therefor,  in  ratable  proportion,  and  report 
the  same  with  their  assessment;  and  the  board  of  trustcps 
shall  issue  their  v/arrant  for  the  collection  of  the  same 
against  the  owners  of  the  land  so  reported  to  be  benefitted, 
to  the  town  constable,  and  the  same  is  hereby  declared  to 
be  a  special  tax  and  a  lien  on  the  land  so  reported  to  be 
benefitted,  and  may  be  collected  in  the  same  manner  as 
other  corporation  taxes  are.  An  appeal  may  be  taken  Appeal  may  i« 
from  the  award  for  damages  made  by  said  commission-  '*"*" 
ers  by  the  board  of  trustees  or  the  owner  of  the  pro- 
perty so  taken,  to  the  county  court  of  Boone  county,  in 
tlie  same  manner  and  with  the  same  effect  as  in  case  of 
•ppeal  from  a  judgm»^nt  of  a  justice  of  the  peace  ;  the 
bond  on  such  appeal  to  be  filed  with  the  county  clerk. 
And  the  proceedi.igs  of  the  county  court,  on  such  appeals 
shall  be  the  same  as  in  case  of  appeal  from  judgments  of 
justices  of  the  peace.  Either  party  to  such  appeal  shall  jnrrii.anaMeM 
liave  the  right  to  have  the  same  trietl  by  a  jury,  who  shall  '**'"**^' 
assess  the  amount  of  damages  sustained  by  the  owner  ol 


1867.  260 

the  proj)erty  taken  as  aloresaitl;  and  the  county  judge 
sUall  deliTinine  the  amount  ot'tlie  costs  to  be  paid,  and  may 
apportion  the  same  between  the  parties,  as  he  shall  thii^k 
just  and  proper.  Thi-  amount  of  the  damages  assessed 
T»««fc» to »«•**>  by  the  jury  or  the  court,  on  surh  appeal,  shall  be  assessed 

Ct»«4uc7**' '  by  th  •  board  of  trustus  upon  the  j>roperty  deemed  and 
reported  by  tlie  said  comnii-^sioners  to  be  benetitted  by  tl»o 
opening,  widening  or  altering  of  such  street,  avenue,  lane 
or  alley  in  ratable  proportion,  according  to  the  valuation 
thereof  adopted  by  suci»  commissioners;  and  the  warrant 
ol  the  board  ol  ti  uste»\s  shall  be  issued  by  them  for  tie  col- 
lection of  such  damages  as  in  case  no  appeal  had  been 
taken. 

voK^i.ry;  ^   '24.     Should  thc  owner  of  any  land  upon  which  any 

"*^'  special  tax  is  assessed  under  this  cot  be  unknown  he  may 

be  so  described  in  all  proceedings  to  assess  and  collect 
the  same. 

jim^nt  ot  com-       §   J.').     In  ascertaiuipf^  (he  amount  of  the  compensatioi\ 

lonMitoD.  j-^^  damages  to  be  allowed  to  tiie  owner  for  his  property 
taken  for  opening,  widening  or  altering  any  street,  Jane, 
avenue  or  alley,  the  commissioners'  court  or  jury  shall 
take  into  consideration  the  benefit  as  well  as  the  injury 
happening  by  such  opening,  widening  or  altisring  such 
street,  lam-,  avenue  or  alley,  and  if  the  benefits  exceed 
the  injury  shall  so  report  or  find. 

'»7;Jeih^*w«JS!  §  -'J-  'J'^l'e  board  of  trustees  may,  for  good  cause  shown, 
an<J  application  filed  in  the  office  of  the  clerk  of  the  board, 
within  tm  days  after  the  return  of  the  award  of  the  com- 
missiontri  appointed  under  tiiis  act,  open  and  set  the  same 
aside  and  cause  another  assessaienl  to  be  made  by  the 
same  or  other  comini>^^sioners. 

Sf«v»4ii««.  S  27.     Tiie  board  of  trustees  shall  have  power  to  pro- 

vide, by  ordinance,  frr  the  assessing,  levying  and  coll'^ct- 
ing  a  special  tax  on  the  owners  of  lots  in  any  street,  lane, 
avenue  or  alley,  or  j)art  or  parts  thf  leof,  acc-oiding  to  the 
respective  fronts  owned  by  ihein  thereon,  for  the  purpose 
of  pa\  ing,  grading,  plii.iliing  and  making,  in  such  manner 
as  the  board  shall  direct,  sidewalks  and  cross  walks  in 
sueh  street,  lane,  avenue  or  alh  y,  or  part  or  jiarts  there- 
of; which  (ax  ia  hert  by  declared  to  he  a  lien  on  the  land 
in  re'erence  to  whieh  it  is  assessed  until  paid,  and  to  he  a 
special  tax,  to  be  collected  as  other  eorjioration  taxcis  are. 

■rMiriftf  «.:•.  ^  2^.  Tlic  owners  of  lot  J  shall  be  allowed  a  reason- 
able time,  to  bf?  ascertained  by  ordinance,  within  which 
to  roake  or  rej)air  such  sidewalk  or  cross  walk,  tinder  the 
direction  of  the  board  of  trustees,  in  front  o(  tin;  lots  own- 
ed by  them;  and  in  case  of  fdture  to  niake  and  repair  the 
same,  within  hucIi  time,  the  b(jard  (;f  trustees  are  author- 
ized to  caune  such   making  or  repairing  to    bo  done,  and 


wA-'kt, 


261  1^57. 

as?f  ss  and  collect  the  necessary  expense  thereof,  in  man- 
ner liereir>  ])rovided. 

§  29.  All  special  taxos  remaining  unpaid  shall  he  re-  cikcu  n  ^i 
turned  by  the  town  constable,  in  manner  hereinbefore  sta-  ''*''^" 
ted,  as  to  general  taxes,  and  shall  he  aiintially  reported  to 
the  county  court,  at  the  same  time;  and,  in  all  respects, 
the  proceedings  to  procure  a  sale  of  the  land  for  nonpay- 
ment thereof  shall  be  conducted  in  the  same  manner  that 
i-i  herein  ])rovided  to  procure  a  sale  of  roal  est^itefor  gener- 
al taxes  remaining  unjiitid*,  and  subject  to  sale  and  re- 
demption in  the  same  manner. 

5   3().     Theinhabitants  of  thesaid  corporation  are  hereby  J^'^^piin  f»um 

'  ,-  ,.  ,,^  ..  Ill  ir  cerlafii  liixi>«. 

crxempted  from  woiking  poll  tax  tor  road  labor,  and  from 
all  highway  and  road  taxes  whatever,  otherwi<^e  than  under 
the  provisions  of  this  act.  The  board  of  trustees,  to  aid 
them  in  keeping  bridges,  streets,  lanes,  avt  nucs  and  alleys 
in  repair,  in  said  town,  shall  have  power  to  require  every 
male  inhabitant  residing  within  the  limits  of  the  rorpr  ra- 
tion, (•^  er  twenty-one  years  of  age,  and  not  incapacitated 
by  sickness  or  other  infirmity,  from  manual  labor,  to  labor  b  aaubor. 
on  said  streets,  bridges,  lanes,  avenues  or  tJleys,  not  ex- 
ceeding three  days  in  each  and  every  jear;  and  any  per- 
son failing  to  perform  such  labor  according  to  the  ordi- 
nances of  the  town,  in  that  behalf  from  time  t"  time  enact- 
ed, shall  forfeit  and  pay  such  fine  as  the  board  of  trustees 
shall  direct  :  ProvidKi,  that  the  board  of  trustees  may 
provide  for  the  commutation  of  such  labor. 

§  ol.     Till"  board  of  trustees  shall  have  exclusive  juris-  Jnri«di-ti .n    -r 
diction  and  control  over  all  bridges,  street?,  avenues,  lanes    tcc.\ 
and  alloys  and  public  highways  at  and  within  the  incorpora- 
tion, and  the  opening,  repairing  and  making  of  the  same  ; 
but  whenever  it  shall  be  necessary  to  buiid  or  repair  the 
bridge  across  the   Kishwaukie  river,  on  State  street,  the 
board  of  su|)ervisors  of  the  county  of  Bocne  shall  have  p<iwer  Prwcr  n  make 
to  make  such  appropriations  of  money   from  the   county    "I'^^p^*"'"^"* 
treasury,  as  they  may  deem  proper,  to  build  oi  repair  the 
same. 

§  o'l.  The  board  of  trustees  shall  have  power  to  pro-  Kne  m.!  nn- 
vide  for  the  puni.-hment  of  offenders,  by  imprisonment  oiieucel'.'^"'  '""^ 
in  the  county  jail,  'n  all  cases  where  such  offenders  shall  fail 
or  fpfuse  to  pay  any  fine  or  forfeiture  recove»*ed  against 
them  for  breach  of  any  ordinance  of  the  town  :  Provahd, 
such  imprisonment  shall  noi  be  of  a  longer  duration  llian 
twenty- four  hours  for  every  three  dollars  of  stjch  fine 
and  costs. 

§  ;');^>.     Justices  of  the  peace  of  the  county  of  Boone,  re-  jnriMiiction    »r 
siding  within  the   limits  of  said  corporation,  shall  ha^•e  ju     p"aVe**aiMi'o!nt 
risdiction  of  all  suits  and  process  brought  and  issued  for    "'•'''«• 
the  recovery  of  any  fine  or  to  enforce  any    penalty  for 
bre  ioh  of  any  ordinance  of  said  corporation;  and  consta- 


blt'S  of  said  cotmty,  reisiilinc;  within  tlie  limits  of  said  cor- 
poration, shall  have  j)o\vtr  and  authoiity  tu  serve  and  exe- 
cute all  process  issned  in  any  such  suits,  such  suits  to  be 
brous»ht  and  judj^jnient  rendered  therein  and  the  same  col- 
lected and  enl'oreed  in  iU*'  same  nianntras  is  ])rovided  by 
the  laws  of  thi?  state,  in  similar  cases,  saving  in  all  cast  .^ 

Tt.»i  ir  jary.     tlie  rii^ht  of  trial  by  jury  to  t  ither  |)arty  d» mandinu;  the  same. 

1  :»•.  a  <4  ^  o4.  No  flue  tor  bre;;eh  of  any  ordinance  of  the  said 
^-iJifficct. "**  town  shall  exceed  fiity  dollars,  nor  imprisonment  for  like 
otTeiice  twenty  days. 

Lrcai  pr««^  §   3'.     .\ll   aclions   for   tl'its,   penalties  and  forfeitures 

aceruing  fjr  the  breach  of  any  ordinance  of  said  tov.n 
shall  be  instituted  and  prosecuted  ii»  the  name  of  "the 
president  and  board  of  trustees  of  the  town  of  Belvidere,'' 
upon  complaint  of  any  person  before  any  justice  of  the 
peace  residing  in  said  town,  by  action  of  debt.  The  ordi- 
nary jirocess  sirall  be  by  summons,  but  in  cases  where  the 
party  complaining  shall  state,  under  oath,  that  he  has 
good  reason  to  believe  the  party  accused  to  have  com- 
mitted a  breach  of  an  ordinance  of  the  corporation  and 
that  the  party  accused  is  about  to  abscond  or  depart  witli- 
Okit  the  limits  of  the  county  or  has  so  dej)arted  or  abscon- 

wimi.i  ded,  then  the  justice  ol'  the  |eace  may  issue  his  warrant  to 

bring  the  purty  accused  furthwiti)  before  him,  to  answer 
8uct»  Pom|)laint  ;  and  in  that  ease  the  party  accused  sliall 
remain  in  the  custody  of  the  officer  until  the  suit  is  dispos- 
ed of  and  the  fine  and  co'is,  if  any,  impt)sed  on  him  be 
paid,  or  otherwise  discharged,  according  to  law,  unless  he 

B^  «n:tanc«.  shall  i-iitt-r  iiito  :i  recognii'.aiice,  with  good  security,  be- 
fore filial  judgment  in  tlie  ca«'e,  before  the  jiistioe  of  the 
peace,  to  the  corporation,  in  fiouble  the  amount  of  the 
penalty  that  may  be  inllicted  upon  him  in  the  suit,  con- 
ditioned that  lie  will  pay  the  judgment  and  costs  that  may 
hi:  rendered  against  hin»  thejein  ;  and,  in  default  ot  such 
bill,  till  officer  may  commit  th*-  party  i;ccused  to  the  com- 
mon j-iil  oftlie  coi;nty.  lor  sale  ke«'j)ing,  while  tlu^  cause 
is  not  being  tried.  The  justice  of  the  peace  shall  grant 
but  one  continuar  ce,  on  the  appli.ation  of  the  {>Iaintiff  iit 
the  suit,  in  rases  when  the  accused  is  under  arrest.  The 
reC'»giji/an»'e  shall  be  filed  in  the  office  of  the  justice,  and 
in  case  of  forfi'ifure  shall  he  transmittid  by  him  to  the 
clerk  of  the  board  of  trustees. 

ApiM.  tei  ^  ;;•>.  Appeals  aii'l  writs  ofr^;7iVy?7/7v'shall  be  allowed  in 
all  cases,  boili  on  the  part  oftlie  corporation  and  the  de- 
feiiiinnt,  in  all  suits  brought  to  reco\  fr  any  fine,  penalty  or 
forleiinre  for  the  bn-ach  of  any  ordinance  of  sai<l  town, 
from  the  judgment  of  a  jii<iti«!e  of  tin-  peace  to  the  county 
co'irt  of  li  >one  roMiity,  to  be  tnken  and  granted  in  the 
same  manner  and  with  like  eflert  as  appeals  and  writs  of 
cer/ujrari  from  judgmeiit.'^  of  justices  oi  the  peace  in  other 


anliorarl. 


caseif. 


263  l«o7. 

5  S7.  Tiie  town  constable  shall  have  tlie  same  general  Jurifkiicti.m  of 
junsiliction  and  atitliontv,  vvithm  tlio,  county  oi  iJoonc, 
that  other  conslabk-s  of  .said  county  iiave,  iind  shall  be 
subject  to  the  same  liabilities,  and  shall  have  exclusive 
authority  to  collect  all  general  and  special  taxes  levied 
by  said  corporation. 

5  Jl.'^.  No  monev  shall  be  i)aid  out  of  the  treasury  of  Appropriation  of 
the  said  corporation,  save  uj)on  resohitijn  of  the  board  of 
trustees,  s;)ecifying  to  whoi«  and  upon  what  account  the 
same  is  paid,  and  an  order  made  by  the  clerk,  signed  by 
the  president  and  countersigned  by  the  clerk,  drawn  in 
pursuance  of  such  resolution.  All-taxes  of  saiJ  town  shall  th  faii4». 
be  collected  in  gold  and  silver,  or  the  notes  o{  Illinois 
stock  secured  banks,  as  the  trustees  may  direct;  and  tiie 
orders  on  tlie  treasurer  aforesaid  and  all  moneys  belong- 
ing to  the  town  sliall  be  deposited  and  remain  with  the 
treasurer  until  drawn  out  in  the  manner  above  provided. 

5  o*J.  The  board  of  trustees,  annually,  at  least  two  r-«riyitatcmcn( 
weeks  prior  to  any  general  election  tor  othcers,  under  tins 
a^t,  shall  make  out  and  enter  upon  their  records  a  full  and 
complete  statement  of  the  fiscal  affairs  of  the  corporation, 
showing,  item  by  item,  all  moneys  received,  from  whom, 
and  on  what  account;  also,  all  moneys  expended  and  ])aid 
out,  and  to  whom,  and  on  what  account;  and  th^i  then  in- 
debtedness of  the  corporation,  and  on  what  accouiit;  tlie 
amount  ot  orders  on  the  treasury  then  outstanding,  to 
whom  payable,  and  on  what  account;  a  copy  of  which  shall 
be  j)ublished  in  a  newspaper  in  said  town,  at  least  one  sh.iUbepubi  ii.- 
week  prior  to  said  election,  or,  if  none  be  published,  then 
I'osted  up  in  some  j)ublic  place  one  week  prior  to  such 
election.  And  for  willtul  neglect  or  refusal  on  the  part  of 
said  board  of  trustees,  or  any  member  there<»f,  to  cause 
such  statement  to  be  made,  as  herein  pro"ided,  he  or  they 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  fined  in  a  sum  not  exceeding  one 
liundrtd  dollars.  rire  comtian.ci. 

§  -40.  All  person?;  members  of  any  fire  com])any  or- 
ganized under  the  ordinances  of  said  corporation,  sliall, 
during  the  time  of  such  membership,  be  excused  from  ser- 
ving in  the  militia,  unless  in  cases  of  actual  invasion  or 
insurrection,  and  from  sitting  on  juries,  and  after  s^rv  ing 
seven  years  a'^  siicli  firemen,  consecutively,  and  receiving 
a  certificate  to  that  efftct,  undi-r  the  Sfal  of  the  corpora- 
tion, sliall  thereafter  continue  to  be  so  exempt.  No  per*  Qiiiin««tion  of 
son  shall  be  disqualified  as  a  witness  or  juror  in  any  suitor  j^'rort!***  *""* 
proceeding  wherein  the  cor})oration  may  be  a  party  or  in- 
terested, in  consequence  of  being  an  inhabitaiit  of  said 
town  or  member  or  officer  of  said  corporation. 

.^  41.     Tlie  llr.'^t  election  oi  trustees  shall  be  held  at  the  Fir»t  •i»fiwi  or 
courthouse,  in    Belvidere,   and   shall   be  opened   at  nine 


1S57.  264 

o'clock  in  th*>  moriiins;  and  contiinie  open  until  five  o'clock 
in  thealteriioon  ot  the  same  ilay.  Tlie  electors  present  at 
the  opening  of  the  polls  shall  elect  two  of  their  jjunibor  to 
otBoiate  as  judges,  and  one  to  net  as  clerk,  who  shiiU  be 
sworn,  and  in  all  tilings  shall  condui  t  sue'i  election  as  is 
required  bj  the  general  election  laws  of  tiiis  state;  shall 
canva''s  the  vutts  and  make  certificates,  under  their  hands 
and  seals,  of  the  persons  elected,  and  deliver  the  same  to 
them,  and  make  returns  of  the  poll  liook  and  certificate 
attached  to  the  clerk  of  the  board  of  tru:«tecs,  when  he 
shall  be  appointed  and   enter  upon  the  duties  of  liis  office. 

''i5Jrtr«prrTiI       §  ■^■--     The  president  of  the  board  of  trustees  shall  be, 

•^-  ex  qffirioy  a  number  of  the  board  of  supervisors  of  Boone 

cou?»ty,    and   shall    have   the   same    power    as   any   other 

member  of  said  hoard  of  supervisors,  and  receive  the  same 

compensation  for  the  same  services. 

Tc»n  aiMk.  ^  43.     The  title  "town  clerk,"   when  used   in    this  act, 

shall  be  held  to  mean,  in  all  case<;,  the  ''clerk  of  the  board 
of  tru'^tees.'' 

§  44.     This  act  shall  be  deemed  a  public  act,  and  shall 
be  in  force  from  and  after  its  passage. 
Approved  Feb.   5,  1Si>l. 


rm,  ft,  wn.        j^y  ACT  to  plre  cerfair.  powers  to  the  prfBi'dciit  r.m!  trnsteei  of  (he  town 

of  Wfbt  Bellpvilir. 

SccTio.*<  1.  fie  it  enacted  hv  the  people  of  the  slate  of 
n/inots,  represented  in  the  General  JJssteDililtj,  That  all 
rt*,.t»r.\  .r.;  .sums  of  money  received  lor  licenses  granted  to  groceries, 
by  the  corporation  authurities  of  the  town  of  West  Belle-' 
*•■"    ^  ville,  shall  be  paid  into  the  trea.sury  of  said  town  ;  and  that 

said  president  an.l  trustees  air;  hereby  authorized  to  pass 
orilinanccs  in  regard  to  pethliing,  and  restrain  or  license 
the  same,  and  that  so  all  m(ine)s  arising  from  granting 
license  to  peddlers  be  also  paid  into  the  treasury  of  said 
town. 

§  '1.     This  act  to  be  ii.  force  from  and  after  its  passage. 

Approved  Feb.  0,  IH.jT. 


265  1857. 

AN  ACT  to  incorporate  the  Carbondale  College,  in  Jackson  county.      '*^-  6.  1867. 

Section  1.  Be  it  enacted  hy  the  people  rff  the  stale  oj 
Illinois,  T' prcsenttd  in  th  •  General  Jissemblij,  That  Rev. 
Win.  S.  Post,  Joseph  Gordon,  Rev.  Edward  B.  Olmsted,  Body  o.rporn* 
Rev.  A.  T.  Norton,  Doctor  I.  N.  McCord,  Doctor  WiU  »""  p-^""*' 
liam  Richart,  Cyrus  G.  Simons,  esq.,  Phinehas  Pt-ase, 
Seth  Fuller,  Russtll  Tuthill,  Philip  Kimmel,  James  Mon- 
roe Campbell,  Rowland  R.  Brush,  Asgill  Conner  and 
Daniel  H.  Brush,  and  their  successors,  be  and  they  are 
hereby  created  a  body  cor}>orate  an<l  politic,  to  be  styled 
"The  President  and  Trustees  of  the  Carbondale  College  j" 
and  by  that  name  and  style  to  remain  and  have  perpetual 
succession,  with  full  power  to  sue  and  be  sued,  plead 
and  be  impleaded  with,  defend  and  be  defended  against, 
both  at  law  and  in  equity,  in  any  and  all  courts  in  this 
state  having  jurisdiction  of  the  sulject  matter  thereof; 
to  contract  and  be  contracted  with  ;  to  purchase,  acquire 
and  hold,  sell  ;ind  convey  propa^'ty,  both  real  and  person- 
al; to  have  and  use  a  common  sca!;  to  alter  and  amend  or  coiuaon  tn\. 
renew  the  same  at  pleasure  ;  to  make,  and  again,  at  their 
pleasure,  to  alter  and  amend  a  constitution  and  by-laws  for 
the  government  and  management  of  said  institution  ;  which 
said  constitution  and  by-laws,  however,  shall  be  subject 
to  the  approval  of  the  presbytery  within  whose  territorial 
limits  this  institution  is  created  ;  and  fully  to  do  whatever 
may  be  necessary  to  carry  out  the  object  of  this  act  of  in- 
corporation. 

§  ti.  Tiiat  the  said  college  shall  be  located  in  or  near  Loc»tiun  andot- 
the  town  of  Carbondale,  county  of  Jackson,  and  state  of  ^'"*" 
Illinois.  The  object  shall  be  to  furnish  instruction  and  the 
means  of  education  to  ali  persons  who  shall  comply  with 
the  by-laws  and  regulations  of  the  institution;  and  shall 
equally  open  to  all  religious  denomiriation?  lor  this  pur- 
pose ;  and  the  profession  of  no  particular  political  or  re- 
ligious faith  shall  ever  be  required  by  either  teachers,  pro- 
fessors, officers  or  pupils. 

§  3.     The  board   of  trustees   shall  not  exceed  fifteen  Tmsieei      aau 
persons  or  niembers  ;   and  a  majority  ol   the  actual  mem-    ^•'^"f  J^^*"* 
bers    shall    constitute   a   quorum    lor   the    transaction  of 
business,  whose  duty  it  shall  be,  and  who  shall  have  power 
to  form  and  make  p  constitution  and  by-laws,  Tor  the  good 
management  and  government  of  said  institution;  to  alter, 
repeal  and  amend  the  same,  at  pleasure  ;  and  do  all  other 
acts  and  things  necessary  to  be  dune  in  the   premises,  for 
tJie  purpose    atoresaid.     The    trustees   shall  liereafit  r  be 
elected  in  accordance  with  the  jiro^isions  of  the  eonstitu-  lUctioD. 
lion  under  which  they  act,  and  shall  hold  their  oHice  until 
death,   resignation   or  removal:  Provididy  that  removal 
from  ihe   state  shall  be  held   and   considered  by  the   said 


1357.  2Co 

trustees  a  resignation,  who  may  at  once   proceed   to  fill 
such  V  loanov,  by  apj>ointiuent  or  eli'cti(m,  a5  n»ay  bo  j^rc- 
scribed  by  tlie  said  constitution  and  by-laws. 
Afmu  «tii  .1-       ^  4.     Tlie  boanl  of  trustees  shall  have  power  to  aj)]>oint 
** '  an   executive    committee   and   such    other  and   additional 

a£j*'nts  or  officers  us  they  may  deem  necessary,  and  also 
such  principals,  profcsors  and  teachers,  as  the  good  gov- 
ernment and  course  ol  instruction  adopted  iii  said  institu- 
tion, may  require;  shall  have  power  to  remove  any  of 
them  for  good  and  sutiicient  reasons;  and  ]>rescribe  and 
direct  the  course  of  studies  to  be  pursue<l  in  the  college; 
and,  also,  to  confer  such  degrees  and  re\>  ards  of  merit  as 
are  consistent  with  the  object  of  the  atoresaid  institution. 
%  1  I  t  ^  o.  That  the  property,  of  whatsoever  kind  or  descrip- 
tion  it  may  be,  whether  real,  ]>ersonal  or  mixed,  already 
acquired  or  hereafter  to  be  obtauied,  belonging  or  aj)j)er- 
laining  to  said  college,  shall  be  forever  free  and  exempt 
from  all  taxation,  for  all  and  every  purpose  whatever, 
vrhethcr  county,  school,  road  or  state  taxes. 
rTi«-»?«!  0Z.4  §  6.  The  said  president  and  trustees  shall  have  au- 
pr  MM.).  thority,  fr«)m  tinne  to  time,  to  appoint  the  principal  of  said 
institution;  to  define  and  regulate  his  duties  as  such,  as 
well  as  all  otiu-r  professors,  iiistructors,  officers  and  agents; 
to  fix,  regulate  und  control  their  compensation,  and  to  dis- 
place or  remove  the  same  or  any  of  tliem,  as  they  sliall  deem 
necessary  or  proper;  to  fill  all  vacancies  occasioned  by 
such  removal  or  by  death,  resignation  or  otherwise  ;  to 
erect  or  cauj<;  to  be  erected  suitable  and  necessary  build- 
•mu  Mki  »^  tnes  ;  purcliuse  books,  as  well  as  chemical,  philosc  phical 
'*'*^**  and  ol!ier  apparatus  and  other  suitable  means  of  instruc- 

tion; to  raise  funds  and  property  for  all  necessary  pur- 
poses, in  connection  herewilh,  and  to  ])Ut  into  operation 
such  rules  and  regulations,  for  the  conduct  and  manage- 
ment of  the  students,  as  they  may  deem  rinht  and  proper. 
§  7.  The  president  and  trustei-s  of  said  college  shall 
faithfully  apply  all  funds  by  llum  collected  or  hereafter  io 
he  ac(j'iiriMl,  according  to  tlo-ir  best  judgment,  in  rr»'cting 
suitable  buildings ;  supporting  the  necessary  principal, 
inttructors,  teachers,  ortieeis  and  agents;  in  purchasing 
necessary  and  useful  boohs,  mips,  eharts,  globes,  philo- 
tophical,  rhemical  and  other  apjiaratus,  to  ])romote  sound 
learning  >n  laid  institution. 

^  H,  An)  donatinn,  (levi'fe  or  befjuest,  made  for  special 
purpofps,  in  i»ccor<lanc«:  with  the  ol)jects  of  the  saM  insti- 
tution, if  the  truhtees  Khali  acce|)t  the  same,  shall  be  faith- 
fully any  truly  applied,  in  conformity  of  the  express  con- 
dition or  conditions  f.f  the  donor  oi  devisor. 
•ft- girt  ^  <».  'fhe  Ireatuiir  and  all  other  officers  and  agents  of 
lh»-  flaid  college,  when  rerjnired  ho  to  do  by  the  said  j)ies- 
ide?it  and  trustees^  or  a  maiority  of  thera,  shall  give  bond, 


rm.u 


iumU 


267  1857. 

for  the  security  of  the  said  corporation,  in  such  penalty 
and  with  such  security  as  the  b(»ard  shall  approve;  and 
process  jigainstsuch  corporation  shall  be  by  summons,  and 
service  of  tlie  same  shall  he  made  by  leaving  an  attested 
copy  with  the  treasurer  of  said  corporation  at  least  twenty 
da>s  before  the  return  day  thereof. 

§  LO.  The  president  and  trustees  of  said  college  shall  '^[^^^•*^ 
hold  at  least  one  stated  meeting  in  each  year  ;  the  time  of 
such  meeting  to  be  fixed  by  the  by-laws  of  said  corpora- 
tion, v/itii  such  other  special  meetings  as  the  said  president 
and  trustees  may  deem  necessary.  The  said  board  of 
trustees  shall,  at  their  first  annual  meeting,  elect  from 
among  their  number  a  president,  secretary  and  trpasiirer 
of  said  board,  win  sliall  hold  their  o.lice  for  four  yeers,  and 
until  their  successors  shall  be  elected  and  qualified. 

§  11.     The  election  of  Rev.  Joseph  Gordon,  Rev.  \Vil-  ^^^^'*  "'  '"^ 
liam  S.  Post,  Rev.  Edward  B.  Olmsted,  Rev.  A.  T.  Norton, 
Doctor   I.  N.  McCord,  Doctor  Wm.  Richart,  Cyrus    G. 
Simons,  esqr.,  Phinehas  Pease,  Seth   Fuller,  Russell  Tut- 
hill,  Philip  Kimmel,  James  Monroe  Campbell,  Rowland  R.  ^ 

Brush,  Asgill  Conner  and  Daniel  II.  Brush,  to  the  office 
of  trustees  of  said  college,  also  their  election  of  president, 
secretary  and  treasurer,  as  well  as  other  prior  action  ot 
said  board,  is  and  the  sama  is  hereby  declared  to  be  legal 
and  proper,  to  all  intents  and  purposes,  as  fully  and  in 
every  respect  as  though  the  act  of  incorporation  had  been 
enacted  priiir  to  such  election  and  action  and  in  strict 
accordance  with  its  provisions. 

§  V2.  Tliis  act  shall  be  deemed  a  public  act,  and  shall 
be  in  force  from  and  after  its  passat^e,  and  shall  be  liberally 
construed  in  all  courts  in  this  state,  for  the  purposes  heiein 
expressed. 

Approved  Feb  5,  1857. 


AN  ACT  to  amend  an  act  inlillo'l  "An  act  to  incorporat*  the  St.  Louis  »»b  6,  isn- 
and  lllinoiB  Bridge  CoDijiany,"  approved  February  lb,  1855. 

Section  1.  Be  it  ei^acted  by  the  peuple  nf  the  state  oj 
I/iinuis,  represented  in  the  General  j9sscmh/ijy  That  section 
four  (4,)  of  the  act  entitled  "An  act  to  incorporate  the  St.  Direciions  /or 
Louis  and  Illinois  Bridge  Company,"  be  and  the  same  is  ^r/^"*  '*" 
hereby  so  amendeil  as  to  read  :  "The  bridge  hereby  au- 
thorized shall  be  built  of  the  best  material^  used  for  such 
purposes,  with  sufficient  capacity  for  double  tracks  for 
wagons  or  railroad  cars,  and  for  two  toot  paths,  each  not 
less  than  four  feet  wide;  and  over  that  portion  of  tiie  Mis- 


«i-!siopi  river  wluch  is  navicjalile  for  sleamboats  it  shall 
be  placed  at  such  an  clcvaiion  tliat  iis  uotlom  or  lowest 
part  shall  be  at  least  one  huiulred  feet  above  low  water 
in.irL.  Said  bridge,  wlieu  so  erected,  shall  not  obstruct 
or  in  any  degree  impair  the  free  navigation  of  saiil  Missis- 
sippi rivor  for  any  raft,  steamboat  orotlur  water  craft,  and 
s!  all  hd  properly  lighted,  attended  and  managed,  so  as  to 
iitTord  safe  and  easy  passage  for  all  persons  and  pri>j>erty." 

^  ».  This  act  shall  take  elfect  and  be  in  force  from  and 
after  its  passage. 

Approvet  Feb.  0,  lSo7. 


r«».  »,  'S07.        AN  ACT  to  furthur   amenil  the  charter  of  (he  Illinois  and  Mississippi 

Telcgraj  h  Company. 

Section  1.     Bt  it  enacted  hy  the  ptop/t   of  the  state  uf 
Illinnis,  represrnteil  in  tlie   (huvral  .'/\v<7/iA/y,  Tliat  the 
i»cnMio««tok.  stock'  of  the  Illinois  and  Mississipjii   Telegraj)!!  Company  is 

hereby  increased  to  one  million  of  dollars. 
r«nh«r  puwcr*  ^^  2.  The  Said  confpany  is  authorized  to  ])urchase.  Con- 
struct, own,  work  «nd  operate  lines  of  telegraph,  as  well 
beyond  the  limits  of  the  state  of  Illinois  as  within  tlii^  state; 
and  any  such  purcha=;e,  construction,  ownership  and  opera- 
tion of  lines  of  teh'graph,  w  hich  nay  have  be^n  made, 
done  or  exercised  lur<.  tolVue  by  th«;  board  of  directors  of 
said  compatiy,  is  hereby  connnned. 

§  Ti.     This  act  to  take  etfect  and  be  in  force  from  and 
after  its  passage. 

.\ppRovtD  Feb.  G,  1867. 


r^yntt,U0tf 


r'«»  •,  »l»7  AN   ACT  fo  inrorporato  the  HrRyvillr  rimI  M.ilfnon  R.ulroa<l  Cdii  pany. 

Section  1.  Tie  it  nuictfil1)\i  tlie pri)]tlc  cf  tlir  .slati'  uf  Itli' 
fioi'(,  ri'nr''.srritrf/  in  t/tr  (!■  yimtl  >.'tsst'mf<li/^  That  S.imucl 
!I.  Martin,  Horare  A.  Wor.dard,  Waller  ii.  Mayo,  AI<»X- 
«ndt:r  Stuart,  Jam«'S  II.  I'ark' r,  Alfred  Kitchell,  A.  L. 
lUuftf,  Francii  Fuller,  Joieph  Piccpiet,  Mortimer  O'Kean, 
William  Nigh,  W.ili.im  K.  Sinilh,  VVdIiam  P.  Rush,  J.  H. 
Johnion,  Dumaw  Vaiidirin  ai<tl  James  Cunninghinri,  and 
liij'ir  afiociates,  be  hd  I  they  are  hereby  erealed  a  corpora- 
tion, l.y  the  nHmeof  "T!ie  (iiH)ville  and  Mattoon  Kailroad 
Company;''  end  asiurh  Nhall  li:ive  (nil  power  and  authority 
to  hjcale,  conHlruct,   fioi"!)  and   maintain  a  railroad,  with 


2G9  1587. 

one  or  more  tracks,  commencing  on  tlie  Wabash  river,  at  r^n<«- 
or  near  Grayville,  in  White  county;  thence  to  Albion,  in 
l!clwards   count} ;  tlience  to    Olriey,   in   Richland   county 
thence  to  Newton,  in  Jasper  county;  thence  to  Prairie  City, 
in  Cumberland  county;  tlience  to  a  point  on  or  near  Mat- 
toon,  on  t!ie   Chicago   brnnch    of  the  Illinois  Central  rail- 
road, in  Coles  county,  or  such  other  point,  on  said  brunch, 
as  the  company  may  select.    And  said  company  shall  pos- 
sess the  rights,  powers  and  franchises  usually  possessed  by  P'^crs- 
such  corporations  and  also  all  the  privileges,  powers,  rights 
and  immunities  exercised  by  the  Wabash  Valley  Railroad 
Company. 

§  '2.  The  business  of  said  corporation  shall  be  managed  '°^'^^*^""- 
by  nine  directors;  and  the  said  Mortimer  O'Kean,  James 
Cunningham,  William  E.  Smith,  A.  Kitchell,  A.  L.  Eyars, 
Thomas  J.  Martin,  Francis  Fuller,  Joseph  Sheff»rstina  and 
William  Nigh  shall  be  the  first  directors,  and  so  shrill  coii- 
tinuc  for  one  ye:ir  ai.d  until  tiieir  successors  are  elected 
and  qualifi»'d,  and  shall  have  power  to  fill  any  and  all  va- 
cancies thereafter.  The  directors  of  said  com-pany  shall 
be  elected,  annually,  by  the  stockholder':,  atsucli  time  and  K'«<^'f''  snou»iir 
place  as  may  be  fixed  by  the  by-laws  of  said  company. 

§  o.  The  bjard  of  directors  of  said  Grayville  and  Mat-  s*.Kk  m«r  i>* 
toon  Railroad  Company  are  hereby  authorized  and  em-  uw. 
powered  to  receive,  in  payment  of  the  capital  stock  oi  said 
CTmjjany,  real  estate,  and  notes  secured  by  mortgage  or 
deed  of  trust,  and  to  hold,  mortgage,  sell,  convey  and  dis- 
pose of  the  same  in  such  manner  as  they  shall  deem  most 
conducive  to  the  interests  of  said  company.  Said  cqjn- 
pany  m;iy  take  conveyance  of  the  lands,  in  fee,  for  any 
lessee  estate,  and  may  convey  the  same  title. 

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

Approved  Feb.  6,  ISoT. 


AN   ACT  to  rimend  an   act  entitled  "An  act  to  incorporate  the  city  of      kcd. -.IM"?, 
Warsaw,"  approved  Feb.  12,  18o3. 

Section  1.  Br.  it  tnacttd  hxj  the  people  of  the  state  of 
lUinoia,  represented  m  the  GeneralJ2sse7nbhij  That  section 
tv/o  of  article  one  of  said  act  be  so  amended  as  to  include  BxtendiDj  lim- 
the  following  territory  within  the  limits  of  the  said  city,  to  '"" 
wit:  commencing  at  a  point  in  ttie  middle  of  the  main 
cliannel  of  the  Mississippi  river,  due  west  of  the  south  line 
of  section  seventeen,  in  townchip  four  north,  range  nine 
west  of  iho  fourth  principal  meridian,  and  run  up  stream, 


IS 57.  270 

with  the  miiKHe  of  said  main  channel,  to  n  point  tUie  north 
of  the  centre  liae  of  section  iwo,  in  saiii  township;  ihence 
south,  by  said  line,  to  the  south  line  of  section  fourteen, 
in  said  township;  thence  west,  to  the  place  of  beginning  : 
Pnn'uid/,  the  said  city  shall  not  have  j)ower  to  declare 
an»l  remove  as  a  nuisance  any  huihling  heretofore  erected 
within  so  much  ot  the  limits  thereof  as  is  extended  by  the 
provisions  of  this  act. 

A*A::i  •»  ^  -J.     That  where   any  tract  or  tracts  of  land  adjoining 

the  said  city,  which  has  been  or  may  hereafter  be  laid  out 
into  lots  or  blocks,  for  tlie  j)urpose  of  sale,  the  same  or 
such  portions  thereof  a-^  has  l)een  or  may  be  so  laid  out, 
shall  become  and  is  hereby  declared  to  form  and  constitute 
a  part  of  said  city,  and  shall  be  held  and  taken  as  within 
said  city  limits,  for  all  j)urposes  whatsoever. 

r^M or Miiittooi  §  o.  That  the  city  council  shall  have  power  to  adopt, 
by  ordinance,  a  plan  for  all  future  additions  to  said  ^ity  ; 
and  all  additions  thereafterward  laid  out  shall  conform  to 
such  plan;  and  that  the  said  city  council  shall  have  power  to 
appoint  a  city  surveyor  and  to  prescribe  to  him  such  duties 
and  rec;ulations  as  they  may  deem  j)roper;  said  surveyor 
shall  lay  out  all  additions  to  said  city,  and  shall  possess 
the  same  powers  to  make  surveys  and  plats  thereof  as  is 
or  may  be  conferred  by  law  upon  county  surveyors  ;  and 
any  plat  or  addition  laid  out  contrary  to  the  provisions  of 
this  actor  the  plan  which  may  bo  adopted  by  said  city 
council,  sliall  be  void. 

rtmm    u>  Mi^       §  4.     That  said   city   corporation   shall  have  ])ower  to 
•riMtvxft.        gubscri  >e  to  the  ca|)ital  st!)ck  of  any  railroad   compaiiy  in 
this  state  the  sum  of  one  hundred  thou-^and  dollars,  in  a»l- 
dition  to  the  amount  already  subscribed,  whenevi-r  a  ma- 
jority of  the  legal  voters  thereof  shall  declaie  in  favor  of 
guch  subscription;  which  may  be  made  in  the  manner  pro- 
vided for  in  the  uct   to  which  this  is-  an   amendment;  and 
Said  "ubscription,  when   made,  shall  have  the  same  etlect, 
and  the  bonds  of  the  said  city  to   he  issued   thereon  in  the 
same  manner;  and  the  said   city  council  sliall  make   such 
provision  for  the  payment  thereof  and  proceed  in  all  other 
respects  in  relation  thereto  conformable  to  the  provisions 
the  Raid  act  above  refered  to. 
ArPAovKD  i'eb.  7,  lHol. 


271  isrj. 

AN  ACT  to  vacate  Iho  tow^i  pla»  cf  Liyingston.  »#b.7, 1B57. 

Section  1.  Be  it  enaclccl  by  the.  people  of  the  state  of 
lUinoia^  reprtaoitcd  in  the  Gcnei'ixl  ^hscinhlij,  That  all  of 
tlie  town  ])lat  of  Livingston,  in  tfie  county  of  Bureau,  and  loIi  t*c\u,*. 
state  of  Illinois,  exceptinej  bloclc  number  one  (1)  and  the 
east  half  of  block  No.  eight  (^,)  be  and  the  same  is  hereby 
vacated. 

>^  '1.     *'l)i(l  he  it  further  enacted,  That  block  No.  one  (1)  niocki  anntiad. 
and  the  east  half  of  block  No.  eight  (8,)  be  and  the  same 
is  liereby  annexed  to  the  village  of  Dover,  as  Ilapsley's  ad- 
dition. 

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

Approved  Feb.  7,  l'^')7. 


AN  ACT  to  correct  an  error  in  an  nc^  entitled  '-An  act  to  incorporate  the  Feb.  7, 1817. 
town  of  Atlanta,  in  Lojjan  county,"  approved  February  11,  1855,  and  to 
legalize  the  atta  and  doings  of  all  oiricers  of  said  corporation. 

WiiEREAi  in  the  act  to  incorporate  the  town  of  Atlanta,  in  KTor  in -lenctib. 
ogan   county,  approved    r  ebruary  14,  looo,  an   error 
was    committed — the    boundaries    of  said    corporation 
were  described  as  follows  :  "Section  twenty-seven  and 
south  half  southeast  and  south   half  soutliwest  quarter 
section,  in  township  twenty-one,  range  one  west  of  the 
third  princi{)al  meridian,"  when  it  should  have  been  de- 
scribed as  follows  :  "Section  twenty  and  the  south  half 
southwest  and  the  south  half  southeast  of  section  seven- 
teen, in  township  twenty  one  north,  range  one  west  of 
the  third  principal  meridian  ;"  therefore, 
Section    1.     Be  it  enacted  by  the  people  of  tJie  state  of 
Illinois,   represented  in  the   General  ^'Jssembly,  That  all 
that  district  of  country  known  as  section  twenty,  the  south  c  r-ect     b-.wa. 
half  of  the  southwest   quarter  and  tlie  south  half  of  the   '*""''■ 
southeast  quarter  of  section  seventeen,  in  township  twenty- 
one  north,  range  one  west  of  the  third  principal  meridian, 
in  Logan  county,  be  known  as  the  corporation  of  Atlanta, 
incorporated  by  an  act  approved  February  14,  iH.'^o. 

§  2.     All  the  acts  and  doings  of  all  officers  provided  for  am«  nf  «(Tk«pf 
in  said  act  are  hereby  legalized  and  rendered  of  full  force   "'""^• 
and  virtue   the   same  as  if  said   error  had  not   been  com- 
mitted. 

§  ">.     This  act  to  I  e  in  force  from  and  after  its  passage. 
Approved  Feb.  7,  1857. 


18.^7, 


r*:   -.  I- 


272 


AN"  AfT  to  vacat*  a  part  of  Mclloberls  and  Walter's  adJition  to  the  t«wn 

oT  Danville. 


r»v-«l«U. 


Skction  1.  Be  if  enacted  by  Ihe  people  of  the  state  of 
I//iiii>isy  rt'prt'sentt'd  in  ^ic  Gitural  ^.'Isscmhly^  Tliat  all 
rt\  vt  »Miti-a  that  part  oOIcRoborts  ami  Walker's  acidltion  to  the  town 
of  Dam  ille,  Illinois,  1}  ing  .^onth  of  the  nortli  line  of  Arcli 
street,  and  beginning  at  the  eastern  extremity  of  said 
street,  on  the  reserve,  anil  on  the  north  side  of  said  street, 
and  running  west,  on  the  north  line  of  said  street,  to  the 
west  .>;ide  of  College  street;  thence  down  said  west  line, 
to  liif  Big  Vermilion  rivi  r;  thence  along  said  nver,  to  the 
soutlieast  corner  of  said  addition,  on  said  river ;  thence 
north,  on  the  line  dividing  the  said  addition  from  the  re- 
serve, to  tlit»  place  of  beginning,  including  blocks  twenty- 
six  and  tliirty-fivc,  and  the  streets  and  alleys  around  and 
throng!)  said  blocks,  be  and  the  same  is  hereby  vacated  ; 
and  the  said  part  cf  said  addition  so  vacated  sliall  be  as- 
sessed and  taxed  by  the  acre  as  other  lands. 

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

ArpRovED  Feb.  7,  1857. 


?•*•  7.  issT  .vN  ACT  to  change  the  name  of  Ihe  town  of  Mantua,  in  Woodford  county, 

til  that  of  Wabhburtie. 

Section   1.      /ie  if  enacted  hi/  the  i)ei)])'r  of  tl.e  state  of 

Il/iu'iis,   represcntjd  in  tlie   (ioicral  ./ssf'/  h/i/,   That   tiie 

»'•»«  ctisffd.    name  ol  the  town  of  Mantua,  in  Woodford  county,  he  and 

rrvF^t*-.  it  is    hereby  changed    to    that   of  Washburne  :   Prijiiiled^ 

houtverj  that  the  change   of  name  shall  in  no  wise  affect 

contracts  or  conveyances  lieretofore  made. 

§  2.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  pas«agi>. 

Approved  Feb.  7,  1807. 


f#<  7  18»T  ^^'  ^^'^  ^^  ehaiiRe  th»  t.»m»  of  'he  town  of  Houston,  In  Hond  ronnfy, 
Ilhnuit,  to  lii«t  of  Mulberry  (irorivp,  and  for  election  <>r  n<l'litionalj>iii. 
ttee  of  lilt  peac*  and  conttable  for  said  town. 

SccTioff  1.      /ie  it  enacted  fnj  the  peopte  of  the  state  of 

Jltinoin^  represrutrd  in  the   (Icneral  Jisscmhlyy  That    the 

Ka««  ctMM*i     nam*"  nf  the  town  ol  Housion,  in  the  county  of  liond,  and 

iia*«;  of  Illinois,  \n-  and  the  same  is  hereby  changed  to  that 

pf  .Mulberry  Grove. 


273  1857. 


§  2.     The  said  tr»wn  sli^ll  have  an  additional  justice  of  Addiiionai  jm. 
^he    peace  and    constable,    whose  duties    and   jurisdiction    [^'j'^" """*  •=""'•'■ 
shall  be  the  same  as  otiier  justices  of  the  peace  and   con- 
stables in  said  count}*,  and  who  shall  be  elected  at  the  next 
county  election  held  in  saiU  county. 

§  3.     This  act  to  tai:e  effect  and  be  in  force  from  and 
after  its  passajre.  ^ 

Approved  Feb,  7,   1867. 


AN   A.CT  to  amend  an  art  entitled  'An  act  to  incorporato  tl'O  Jonesboro  yeb  7,  !£67. 
and  Mississippi  Raiiioad  Company." 

Section  1.  Be  it  enacledhy  the  people  of  the  state  (if 
Illinois,  represented  in  the  General  Asstniblij,  That  the 
Jont'sboro  and  Mississippi  Railroad  Company  shall  be  al-  Comtnencpitirnt 
lowed  and  tlicy  are  hereby  authorized  to  organize  and  ^I  wi  k 
commence  their  road,  from  Jonesboro  to  Willard's  Land- 
ing, within  live  years  from  the  date  of  the  passage  of  this 
act,  and  complete  the  same  within  ten  years  from  the  pas- 
sage of  this  act,  witli  all  the  rights  and  privileg'is  heretc- 
fore  granted  to  tliem. 

§  2.     That  for  the   pnrpose  of  opening  books   for  rub-  ^'^wcr   to  issue 
scription  and  procuring  subscribers  to  the  stock,  they  are    "'^''' 
hereby  authorized  and  empowered  to  issue   certificates  of 
stock,  in  shares  of  one  nundred  dollars  each,  and  sell  the 
sumo  in  market  in  sucii  manner  as  they  shall  deem  proper. 

§  o.     That  any  two  persons  named  in  the  original  char-  Open  hooks. 
ter  may  proceed   to  open  bookj  for  subscription  to  the 
stock  of  said  company,  as  is  by  said  act  provided. 

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

AppRovEn  Feb.  7,  1857. 


AN  ACT  to  providt  for  the  ripht  of  way  for  pnrposrB  therein  expreased.      Ych  7, 1667. 

Section  1.      Be  it  enacted  by  the  people  of.  the  state  of 
l'lin)i^,  represented  in  the  General  .dssemhh/,  That  Ben- 
jamin Nev/ell,  his  heirs  and  assigns,  ofMie  county  of  Bureau,  Power    t»    con. 
and  state  of  Illinois,  is  hereby  authorized  ana  empowered    '^fuct »  can«i. 
to  construct  a  canal,  from  the   Illinois   river,  commencing 
at  or  near  the   mouth  of  Negro  creek,  in  the   county  of 
Bureau,  to  the  lake  Depea;.,  for  the   purpose  of  naviga- 
tion, from  said  river,  through  said  lake  aforesaid. 
—40 


l>oT.  -74 

«.«$»•.  t/ *«r.  §1  '2.     The  .>)aitl  luMijrtmin  Newtll,  l.is  lu  irs  aiul  assigns!, 

are  hereby  auliiori/eii  nnd  onipowrroii  to  enter  u|ioii  all 
lanJj!  necessary  for  the  construction  of  saitl  canal,  payinq 
tlie  owners  ol'  the  same  damages  lor  the  right  of  way  across 
s.iiil  I-»nd;  ami  in  the  event  of  disa<;reement  between  the 
said  Benjamin  Newell,  l;'s  heirs  and  assigns,  and  any  other 
^  ptTSon  or  peisons  owning  said   lands,  as  to  tiio  anninnt  of 

such  damages,  the  sam'"  shall  be  ascei  tained  in  the  manner 
provided  in  chapter  ninety-two  of  thr  Hevis*^d  Statutes, 
concerning  the  right  of  wa). 

:  •  >  r  •>  ^^  »*».  The  iniprovenu  nt  authorized  by  this  act  shall  be 
so  far  completed  as  to  admit  of  tlu-  jiassago  ol  bouts  through 
said  canal  within  five  ytars  from  the  passage  of  this  act, 
or  lie  privilrges  granted  by  this  act  shall  be  forfeited. 

Tv-.i*.  §  4.     The  said  Benjamin  Newell,  his  heirs  and  assigns, 

aliall  not  be  authorized  to  demand  and  receive  the  tolls  for 
the  passage  oJ  bouts  or  other  crafts  through  said  canal. 
AiTRovKD  Feb.  7,  1857. 


frt.  T.iSffT.         j^x  ACT  l'>  incorpr>rale  the  Great  Norlbweslern  Rnilroad  Corupany. 

Section    1.      lie  it  endctnl  hy  the  pciiple.  uj  the  state  vj 
lUiuoisy    represented  in    Heneral  ^Qssemhly^  That  Jam's 
%A,    .,rr>-n*  Carter,  B.  II.  Canjpbell,  M.   Y.  Jolmson,   S.  W.  MeMas- 
"'•■  ter,  John  Lorrain,  I).  A    Barow:J,  L.  C    Mclveniie},  J.  F. 

\V\x\l*',  Nathajuel  Sleeper,  Jonathan  Iliggins,  II.  11.  Gear, 
D.  iii'^'-low,  and  R.  S.  Norris,  and  all  such  persons  as 
shall  lit  reafter  become  sloekliolders  in  the  company  here- 
by incorjj'irBted,  shall  be  a  body  corporate  and  politic,  by 
tlio  name  and  sf)le  of  the  "Gnat  Northwestcm  Railroad 
Company;"  and  underlhat  name  and  style idiall  be  capable 
to  j>ue  and  be  sued,  jdead  and  be  impleaded,  defend  and 
b^  ilefendf-d  again't,  in  law  arnl  ( qnity,  in  all  courts,  and 
placfi  whatsoever,  in  likt-  manner  antl  as  fully  as  natural 
pers'in^  ;  may  make  and  ire  a  common  seal,  and  alter  or 
renew  the  »ame  at  pbasure;  and,  by  their  said  corporate 
name  and  8t)le,  shall  be  capable  in  law  of  contracting  and 
being  •  ontracted  with;  hhall  bf  and  ar(;  lier(d)y  inv«.'-ted 
r««OT«,a-  with  all  the  powers,  privileges,  immunities  and  franchises, 
aiti!  f»f  acfjuiring  by  purchase-  or  otherwise,  und  of  holding 
and  conv«!ying  r«  al  and  personal  estate,  wliich  may  be  need- 
ful to  carry  into  eflTecl  fully  th**  purposes  and  objects  of  this 
•ct. 
Ml  tA  ^2.  I'he  said  corporation  is  hereby  authorized  and 
*"*'*  empower«'d  to  .«tur\  iv,  locate  and  construet,  complete,  al- 
ter,  raaiatain  and   operate  a  railroad,   with  one    or  more 


;:7o  1857. 

tracks  or  lines  of  rails,  from  a  point,  in  tlio  city  of  Galena, 
to  a  point  on  the  state  line  dividing  the  states  uf  Illinois 
and  Iowa,  in  the  county  of  Jo  DAvies?s. 

§  o.  Tlie  said  corporation  shull  have  the  right  of  way  nr!ii.rA;.v. 
upon,  and  may  appropriate  to  its  own  sole  use  and  control, 
for  tlio  purj)o-:es  cnntfujj)lated  herein,  land,  not  excet'dinj; 
two  hundred  feet  in  width,  thrnngli  the  entire  length  of  said 
road;  may  enter  U])on  and  take  possession  of  and  use  all 
and  singular  any  lands,  streams  and  materials  of  every 
kind  for  the  location  of  depots  and  stopping  stages,  for  the 
purpose  of  constructing  bridges  and  embankments,  exca- 
vations, station  grounds,  turn-outs,  engine  houses,  shops 
and  other  buildings  and  things  necessary  for  the  construc- 
tion, coinpleting,  altei  ing,  maintaining,  preserving  and  com- 
plete operation  of  said  road;  and,  when  the  right  of  way 
for  said  road  cannot  be  obtained  by  voluntary  grant  or  re- 
lease fr3m  the  owner  or  owners  thereof,  the  same  may  be 
taken  and  paid  for,  if  any  damages  be  awarded,  in  the  Damagee. 
manner  provided  in  "An  act  to  provide  lor  a  general  sys- 
tem of  railroad  incorporations,"  approved  November  r)tli, 
1841);  and  the  final  decision  or  award  shall  vest  in  the  cor- 
poration hereby  created  all  the  rights,  franchises  and  im- 
munities in  said  act  contemp'ated  and  j)rovided. 

§  4.  The  capital  stock  of  said  corporation  shall  be  one  Ojritai  itocir. 
million  dollars,  which  may  be  increased  fri>m  time  to 
time  to  any  sum  not  exceeding  the  entire  amount  expend- 
ed on  aecount  of  said  road,  divided  into  shares  uf  one  hun- 
dred dollars  each,  which  shall  be  deemed  personal  proper- 
ty, and  may  be  issued  and  transferred  in  such  manner  as 
may  be  ordered  and  ])rovided  by  the  board  of  directors, 
who  shall  require  the  payment  of  .sums  subscribed  by  stock- 
holder? in  sucii  manner  and  on  such  terms  as  the}-  may 
deem  proper;  and, on  refusal  or  neglect  on  the  part  of  stock- 
holders, or  any  of  them,  to  make  payment  on  the  requisition 
of  the  board  of  directors,  the  shares  of  sv.cii  delinquents  Delinquent  M<Kk 
may,  after  thirty  days'  public  notice,  be  sold  at  public 
auction,  under  sucii  rules  as  said  board  of  directors  may 
adopt;  the  surplus  money,  if  any  remains  after  deducting 
the  payments  due,  witii  the  interest  and  necessary  costs  of 
sale,  to  be  paid  to  such  delinquent  stockholders.  The  board 
of  directors  shall  cause  books  to  be  opened  for  subscrip- 
tion to  "^tock  in  such  manner  and  at  such  times  and  places  snbjmpiicn  of 
as  they  shall  direct.  •'*^''- 

.  §  r>.  All  the  corporate  powers  of  said  comj)any  shall  be  ""*^<  tf  <Jirec 
vested  in  and  exercised  by  a  board  of  direetors  and  such  **"" 
sucli  ofticers  and  agents  as  they  shall  appoint.  The  board 
of  directors  shall  consist  of  thirteen  stockholders  and 
shall  be  annually  chosen  by  ballot  by  the  stockholders  of 
said  coiTipiiiy,  each  share  having  one  vote,  to  be  given  in 
person  or  by  proxy.     Said  directors  to  hold  their  offices  for 


U*:d. 


19^7.  -76 

one  year  or  until  ( ther  directors  mo  elected,  niul  shsll 
!i  ivo  power  to  make  aiid  ♦>i>ti>blisli  such  b)-hnvs,  rnUs  and 
regulations  as  may  be  iiccess»ry  for  the  well  ordering  of 

-     :kv  tl'.e  affairs  of  said   company  :  Provi'i/t<.\  that  tlic  same  be 

not  rrpu(;naiit  to  the  c  "institution  ot  the  United  Stales  or 
of  this  state. 

rv-w»r.  i>f       ^   6.     The  president  and   directors  for  t!ie  time  being 

are  hereby  jiuthorizcd  and  empowered,  by  themselves, 
their  officers  or  agents,  to  execute  all  the  |)owers  herein 
granted,  for  the  purpose  cf  surve}ing,  locating,  construct- 
ing, altering,  maintaining  and  operating  said  road,  and  for 
the  transportation  ujion  the  same  of  j-ersons,  goods,  wares 
and  merchandise,  with  all  '^uch  powers  and  authority  for 
the  control  and  managemmt  of  the  affairs  of  said  company 
as  may  be  necessary  and  proper  to  carry  into  full  effect 
the  intent  of  this  act. 

crvung ro»di or  ^  7.  Said  Corporation  may  construct  their  said  road  on 
or  across  an)  stream  of  water,  road  or  higliway  which  the 
route  of  its  read  may  intirsect,  h;it  the  corporation  shall 
restore  the  stream,  road  or  highway  thus  intersected  to 
its  former  state,  or  in  a  sufficient  manner  not  to  have  im- 
pF.ired  its  usefulness;  whenever  the  track  of  said  railroad 
shall  cross  H  jiublic  road  or  highway  may  be  carried  over 
or  under  said  track  as  may  be  found   most  expedient. 

p..wer t J oooijfct  §  8.  The  board  of  directors  shall  have  power  to  Con- 
or c.*-«cit<uip.  j^g^j  jIjq  gjjj,j  railroad  and  operate  the  same  with  any  rail- 
road in  the  state  of  Iowa,  meeting  the  said  railroad  upon 
the  state  line  between  the  states  of  Illinois  and  Iowa,  and 
may  consolidate  the  capital  stock  cf  the  ?aid  lailroatl  with 
the  capital  stock  of  such  road  so  meeting  the  same  upon  the 
said  state  line,  and  shall  hD\  e  full  pnw.r  to  place  the  said 
road  of  the  compan)  hereby  ineorporated,  or  its  capital 
stock  .«o  consolidated,  uiider  a  direction  of  a  joint  board  of 
directors,  to  be  cho'^en  upon  such  terms  as  the  directors  of 
♦he  '•o'Tipanies  consolidating  their  caj»ital  stock  shall  agree 
upon  ;  and  which  joint  b'  ard  of  directors  shall  have,  pos- 
sess and  exercise  all  tl  e  powers  aiid  authorities  hereby 
given  to  the  directors  of  the  said  (Jicat  Noithwestern  Rail- 
road Crmpaiiy. 

MiT  vo^  ijy>.  5  t».  The  Taid  railroad  company  are  hereby  fully  au- 
**  th')ri?:'*d  and  •  inpwweri  tl,  in  tinir  corporate  name  an«l  ca- 

pacity, to  borrow  any  s.m  or  su:»i9  of  money,  from  any  per- 
son, ccr})orrttion,  body  politic  of  any  kind,  snd  for  any  rate 
of  interest  that  may  be  agreed  upon  by  and  between  said 
company  and  any  jjcr^on  or  party  of  whom  such  money  may 
be  obtain«:d,  ond  make  and  eiecute  in  their  corporate  ca- 
p««:ity  and  name  all  necessary  writings,  drafts,  notes,  bonds, 
or  olh«;r  paper'-,  and  make,  execute  and  deliver  such  se- 
curities in  urn  Mir. t  .-.nfl  kiri'l  as  may  be  deemed  exjjedient; 
•nd  lh«  power  of  ftaid  corporation,  for  the  purposes  afore- 


•rr 


277  1857. 

said,  and  for  all  jjurpnsea  necessary  to  carrying  out  the 
object  of  said  company;  and  the  coiitrixct^  and  otficial  acts 
of  said  compaiiv;  are  hereby  declared  bindi"^  in  law  and 
equity  upon  said  corporation  and  all  other  paities.to  sau! 
contract. 

§  lU.  If  any  personshall  carelessly,  willfully,  malicious-  obstmcuon. 
lyor  wantonly  dflay,  hinder  or  obstruct  the  passage  of  any 
carriage  on  said  road,  or  shall  place  or  cause  to  be  placed 
any  material  tliercon,  or  in  any  way  trespass  upon,  spoil, 
injure  or  destroy  said  road,  or  any  part  theieof,  or  any- 
thing beh)nging  or  pertaining  thereto,  or  employed  or  used 
in  connection  with  its  location,  survey,  construction  or 
management,  all  persons  committing  or  aiding  and  abet- 
ting in  tiie  commission  of  said  trespass  or  oft'ence  siiall  for- 
feit and  pay  to  said  company  treble  such  damages  as  may 
be  proved  before  any  court  of  compett  nt  jurisdiction;  and 
further,  such  offenders  shall  be  liable  to  indictment  in  the 
county  within  whose  jurisdiction  the  (ffence  may  be  com- 
mitted, and  to  pay  a  Ane  of  not  less  than  ten  i»or  more  than 
one  hundred  dollars  to  the  us«  of  tiie  people  of  the  state  of 
Illinois,  or  may  be  imprisoned  in  the  pmitentiary  for  a  improvemei.i. 
term  not  exceeding  five  years,  in  the  discretion  of  the 
court  before  whom  the  same  shall  be  tried. 

6  11.     A  be!)  of  at   lea^t   twenty   pounds  weicht,  or  a  ^*"'''.  ^'i'''"" 

A  1-1  I      II   I  1  1  If  .     "  .  and  signs. 

steam  whistle,  sliall  be  placed  on  each  locomotive  engine, 
and  shall  be  rang  or  wliisfled  at  a  distance  of  at  least 
eiglity  r")ds  from  the  place  wiiere  said  road  shall  cross  any 
road  or  street,  and  be  kept  ringing  or  wliistling  at  inter- 
vals until  it  sliull  have  crossed  said  road  or  street,  under  a 
penalty  of  thirty  dollars  for  every  neglect,  to  be  paid  by 
said  corporation,  one-half  thereof  to  go  to  the  informer, 
and  the  other  half  to  the  state,  and  to  be  liable  for  all  dam- 
ages, whicii  shall  be  sustained  by  any  person  or  persons  by 
reasonof  such  neglect.  Said  corporation  shall  cause  boards 
to  be  placed,  wiJl  supported  by  j)Osts  or  otherwise,  and 
ci  nstantly  maintained  acro?s  each  public  road  or  street 
where  the  same  is  crossed  by  the  railroad,  on  such  eleva- 
tion as  not  to  obstruct  the  travel,  and  to  be  easily  seen  by 
travelers,  and  on  each  side  of  said  boaid  shall  be  painted, 
in  large  capital  letters,  the  words,  "Railroad  crossing  ! 
Look  out  for  the  cars  !" 

§  12.  S>*id  company  shall  hav^'  power  to  receive  three  P'w^r (o receive 
hundred  tliousand  dollars  of  the  bonds  of  Jo  Daviess  county  ^°'^*' 
and  three  hundred  thousand  dollars  of  the  bonds  of  the 
city  of  (Jalena,  said  bunds  to  bear  interest  at  a  rate  not 
exceeding  eight  per  centum  per  annum  ;  and  the  said 
county  of  Jo  Daviess,  by  its  supervisors,  may  and  authority 
is  hereby  given  them  to  ajipropriate  to  said  company  bonds 
of  one  thousand  dollars  each  to  the  amount  of  I'iree  hun- 
dred thousand  dolh^r.^•,  under  "uch  restrictions  as  they  may 
deem  necessary.     And  the  city   of  Galena,    by  its    ciiy 


1857.  278 

council,  may  niul  autlioilty  is  lienhy  i^ivoii  tluin  to  appro- 
priate to  Srtid  company  bonds  ofouu  tlioii^mul  doIUus  eacli 
tp  the  Hincuwt  ot"  tLree  liuiuirt- d  tliou?:ind  dollars,  uiidor  such 
restriolions  as  said  city  council  may  deem  necessary. 

i»»   ;»  §   !•'.     For  tlic  convenience  of  persons  posscssiiipj  lands 

Ihrough  vliicli  the  said  road  shall  pa.^s,  it  shall  be  ihe  duty 
of  t!ie  said  comj'any,  vhen  requind,  io  niakc  a  L;ood  and 
S'.ilKcient  pass-age  way  over  or  uiuk  r  said  railroad  u  l;ene\  er 
the  same  may  be  nectssary  to  tnable  the  occupants  of  iSaid 
lands  to  pass  over  or  under  the  same  with  teams,  wagons, 
carts,  and  imjdiinents  of  hushaiidrj,  as  occasion  may  re- 

''    "*  quire:   I'roriilt  t.\  that  said   coinj)bny   shall  in  no  case    be 

required  to  make  more  thai,  on*-  siifh  pissage  way  lor  each 
farm,  and  when  any  ]>ublic  roiul  shixll  cross  said  raihoad 
in  Pi'y  farm,  tiie  persons  owning  or  possessing  such  farm 
plial!  iiot  be  entitl^'d  to  require  said  company  to  make  any 
additional  causeway. 

§   14.    »TIiis  ttctsliall  bo  deemed  a  public  act,  and  shall 
be  favorably  construed  for  all  jiurposcs  therein  expressed 
and  declartd,   in   all  courts  and   places  wliat5oe\er,   and 
shall  be  in  force  from  and  aftei   its  passage. 
.\PPR0VKD  Feb.    7,  V^'~i. 


F."*.?,  1851.  AN   ACT  U>  ii.ccrjioiate  llie  town  of  ricliion,  in  Jcraey  cnunlj',  Illinois. 

Skction  1.  Ih  it  cnavtcil  In/  the  jieople  oj  Ihr  state,  if 
IHiiiuis,  ripnmit^rtJ  I'l,  llic  dnniuil  Jlsscmliltj,  'Jli.nt  the 
»i:^  iidiabitan'jj  and  residt-nts  of  the  town  of  Fieldon,  Jersey 
count},  arc  hereby  made  a  body  corporate  and  politic, 
under  the  namo  and  stjie  of ''The  l*iesident  and  iioard  of 
Trustees  of  the  t"wn  of  Fieldon  ;"  and  by  that  name  iihall 
have  perpetual  sitci^ession,  kjkI  a  connnon  seal,  which  they 
may  alter  ut  plcnsore,  and  in  whom  tlo*  govcriiUM  nl  of  the 
corporation  shall  be  vested,  and  by  v.  horn  its  all'airs  shall 
be  maiKi^ed. 

9tKmi%t\m  ^  'J.     The  boundaries  of  jaid  roi'|)rj|  ation  sliail  include 

till  of  ihe  west  half  of  section  number  twenty- five  and  all 
of  th»-  tail  half  of 'ci'tion  number  twenty  six,  in  lowns'iip 
rn.m'ier  » i^ht  nortJi,  of  range  inimber  thirteen  wtht  of  the 
third  |irincipal  m*  rldian. 

A4Jtii«M  6  •''.     VVheni'V«  I  iiny  s.ddi.ion  of  town  lots  shall  be  made, 

adjoining  to  Kiiid  f  orporalion,  and  nhall  have  been  [troperly 
r«-cofdptJ,  »!<«  r»  f|iiired  by  the  law,  the  sam**  shull  beconn* 
annexed  ond  a  put  of  .said  corjioration. 

Qmm»\  yt^tn.  ^  4.  The  iniia'>i' i*n!<i  u\  raid  town,  by  the  n^me  and 
it)!e  nfore  aid.  (?ili.dl  ha\e  pov;«  :  ]  to  sue  and  be  sued,  to 
plead   and   be  iniplradi-d,  d(  f)  nd   and   be  d(  f*  nded,  in  all 


279  1857. 

cOiirts  of  law  aud  equity,  and  in  all  actions  whatever,  both 
real  and  personal ,  to  purchase,  receive  and  hold  property, 
both  real  and  personal,  within  the  limits  of  said  town  ;  to 
purchase,  r^^ccive,  and  hold  property,  both  real  and  per- 
sonal, beyond  the  coi|)()rate  limits  of  said  towi.,  for  the 
purpose  of  burial  grounds  or  other  purpiises,  for  the  use 
of  said  town  ;  to  dell,  lease  or  dispu-'e  of  property,  both 
real  and  pf  rsonal,  for  the  benefit  of  paid  town,  and  to  im- 
prove and  protect  {•uch  property,  and  to  do  all  other  things 
in  relation  thereto,  as  natural  ])ersons. 

^^  o.  On  tlie  first  Monday  in  March,  in  the  year  of  our  Kie^t  irut:cci. 
Lord  one  tiionsand  eight  hundred  and  fit'ty-seven,  said  in- 
habitaiiis  of  said  town  shell  meet  at  some  public  place  in 
said  (own  and  elect  five  trustees,  fi<)m  among  the  freehold 
residents  of  said  town,  in  whom  shall  be  vested  the  cor- 
j)orafe  powers  aid  dutie"?  of  said  town,  and  who  shall  form 
a  board  for  the  transi'ction  of  business;  and  the  persons 
30  elected  shall  hohl  their  offices  one  year,  from  tiie  date' 
ot  their  election,  and  until  their  successors  are  elected  and 
qualified,  and  discharge  their  duties  in  conformity  with 
this  act. 

6  'J-     There   siiall  be  elected,  on   tlie   first  Monday  of  Time  or  ciocticn. 
Alarcii,  A.  1).  iSoT,  and  on  every  first   Monday  n(  March 
thereatter,  Invn  trustees,  who  shall  hold  tht'ir  office?  one 
year  and  until  their  successors  are  elected  and   (jualified  ; 
and  public   n^itice  of  the   time  and  place  of  hoi  ling   said 
elections  shall  be  given   hy  tlie   president   and  trustees  of 
s<jid  town,  by  an  advertisement,  published  in  a  newspaj  er 
or  by  j)Ostiiig  up  advertisements  in  three  of  the  most  public 
places  in  said  town,  at  least  ten  dnys  before  said  election. 
No  person  shall  be  eligible  as  a  trustee  cf  said  town  who  QnnUficaii.ii   of 
has  not  arrived  at  the  age  of  twenty-one  years,  and   who    ''^"""*''* 
shall  not  have  been  a  resident  of  said  town  for  at  least  oiie 
year   preceding   such   election,    and    who  sh-ill   not   be    a 
bonafuie  freeh(ilder  in  said  town  at  tlie  time  of  his  election. 
All  white  free  male   inhabitants,  over  tho   age  of  twenty- 
one    years,  who  may  have  a  right  to  vote  in  said  town   at 
any  general  election  for  state  or  county  officers,  sh.ill   be  <jiMiiicai.un    of 
entitled  to  a  vote  for  said   trustees  ,  and  said  trustees,  at    ""*"' 
their  first  meeting,  shall  j>roceed  to  elect  one  of  thtir  own 
board   as  president,  and   shall    have    power  to  fill,  by  nj)- 
pointm-^nt,  all  \  acanoies  wliich  may  occur  in  said  board, 
by  death,  resignation  or  removal.     Said  trustees  shall  have 
power  to   appoint  a  town    constable,   assessor,    treasurer,  town  tmcen. 
collector,   clerk   and   stre'^t   commissioner;    all   of  whom 
shall  b.»  required  to  give  bond,  with  good  security,  in  such 
conditions    as  the   said    trustees   may   require;    and    who 
shall  also  take,  each,  an  oaMi,  before  a  justice  oi  the  j>eace 
or  notary  public,  well  and  faithfully  to  perform  their  duties 
as  officers  of  said  corporation,  to  t!ie  bestof  tlieir  skill  and 


ability  ;  and  it  sliall  bo  tlie  duty  of  tlie  saiil  constable  to 
txorutt  all  writs,  pricepts,  processes,  \\  liicliin«y  be  issued 
against    any  person  (or  any  vii)!ation  of  the  ordinancos  ot 

r  •«  vi  c-ijoi- said  town;  and  the  said  constable  shall  lii'.ve  tlie  same 
**  powers,  rij;liis  and  duties  that  other  eoustahles  have,  and 

shall  have  the  same.  tVe<,  to  l)e  taxtd  as  costs,  that  the  law 
give."!  t  »  «.>ther  constables  within  the  liniils  of  the  corpora- 
tion ;  said  constable  to  hold  his  oftico  for  one  year  and 
until  his  successor  is  appointed  and  qualified. 

i\^s-i  of  i!u--  ^  7.  Toe  trustees  atort  said,  and  their  successors,  or  a 
n\ajoritj  ot  them,  shall  have  full  power  an  I  authoiity  to 
orilain  and  establish  such  rules  and  rej^ulatiens,  for  their 
go\-ernment  and  direction  and  for  the  transaction  of  the 
business  and  concerns  of  the  corporiition,  as  they  may 
de»»m  expedieijt,  and  to  ordain,  establish  and  j  ut  into  exe- 
cution sucji  by-laws,  onlinances  and  regulations  us  shall 
seem  necessary  for  tliC  government  ot  ^aid  town,  and  fur 
the  manaj^ement,  control,  di>j)()sition  and  application  of  its 
corporate  ]>roperty  ;  and  generally  to  do  uud  execute  all 
such  things  which  may  seem  necessary  to  them  to  do,  not 
rej)iignant  to  the  laws  and  constitutioh  of  the  state  of  Illi- 
nois. • 

Power u vrr «t.<i      ^  S.     The  sj'id    trustees  shall  have   power  to  levy  and 

•  ■.tvt   M.       collect  a  t?x,  not  exceeding  oi:e-half  of  one  per  ce)\t.,  on 

all  lots,  lands,  improvements  and  personal  property  within 
th«»  limits  of  said  corporation,  acconlin^T  to  the  valuation  j 
to  tax  public  shows,  concerts,  houses  of  pnblic  entertain- 
ment, taverns,  h»  er  Iionsc  s,  stores,  and  to  lii-ense  peddlers, 
auctiiiUe*  r",  veiiders  of  patent  medicines,  ^c.,  for  tlie  ])»ir- 
posc  of  making  and  improving  the  stri'cts  niui  ktejting  them 
in  repair,  and  for  the  j)iirpose  of  trectn.g  piblie  buildings 
and  other  works  of  public  utility,  as  the  interests  and  con- 
veniencH  of  Sttid  town  may  seem  to  rer  uire  ;  and  may 
a«lopt  su-h  modes  jind  mean<4  f«>r  assessnif  lit  and  collection 
of  taxes  as  the)  shall,  from  tinn-  to  tin.e,  deem  expedient; 
Hhd   to  pri*^crib«-  the  mode  ol  selling   j)ro|H'ity,  when   'A\e 

*  "»  tax  upon  it  shall  not  be   paid  :   J'r(u'f'(/(f/,  no  sale  of  real 

estate  shall  lake  place  until  lime  and  notice  of  such  sale 
fhall  be  given,  by  not'ce,  published  in  a  publie  newspaper 
or  po«t«Mi  in  four  ol  the  most  j>ul;jic  j)!afes  in  said  town, 
ront'iiiiing  a  liit  of  the  deliiKjnent  real  estate,  at  least 
thirty  da>8  pr  or  to  niiid  sale. 
^.•«  ,.  ,  af'  n  fj  !♦.  Wtien  any  li>ls  or  real  estate  shall  ha\  e  been  sold 
lor  t«xp»,  ai  nforesanl,  tin-  sam»*  shall  be  subject  t«>  re- 
dfrnption,  in  lh»*  tim't  and  on  the  tJMms  now  provided  or 
JnTeafltr  to  be  providi-d  by  the  revt  mum  laws  (»f  this  stato 
for  tlo*  rtdrmption  of  r«'«!  rstati-  or  sold  for  state  and  ennnty 
taxe«,  hut '  liould  Vif  n  'il  estate  10  sold  ior  taxes,  in  the  time 
and  manner  provided  by  jaw,  nnd  if  the  pni  chaser,  or  other 
perf^n  for  liim,  ihall  l.av  ■  pair!  all  taxes  with  which  such 


281  18o7. 

real  estate  or  lots  sliall  have  beta  cliarpcd  up  to  the  time 
when  the  right  of  redemption  shall  expire,  tiien  and  in  that 
case  it  .•'hall  be  the  duty  of  the  president  of  the  board  of 
trusties  to  execute  to  ti»e  purchaser  or  purcliast  rs  u  deed 
therefor,  signed  by  tie  j)resident  and  countersigned  by  the 
clerk  of  the  bnard  of  trustees. 

§  10.  The  board  of  tru.  t^-es  shall  have  the  light  and  i°'P''0TCDicnii. 
power  to  regulate,  grade,  plank  and  improve  and  pave  the 
street^',  public  sqiiares  and  alleyr  iu  said  town  ;  for  which 
purj)u;;e  (hty  shall  have  power  to  levy,  annually,  a  road 
labor  tax,  of  nut  less  than  three,  nor  more  than  Ave  days, 
against  every  able  bodied  white  male,  over  the  age  of 
twenty-one  and  under  the  age  of  fifty,  to  be  collected  and 
exjjendcd  in  such  manner  as  they  shall  determine  aiid  di- 
rect. 

&  11.     The  tru.«:tee3   shall  have  power  to  tax,  restrain,  Rfxtrainir.g   or- 
prohibic   and   suppress    tij)piing   bouses,   dram   sliops   and 
gaming  houses,  bawdy  houses  and  other  disorderly  houses, 
and  to  suppress  and  restrain  billiard  tables. 

§  lii.  Said  trustees,  or  a  majority  of  them,  shall  have  pmic  power*. 
power  to  preserve  good  order  and  harmony  in  said  town, 
and  to  punish  open  indecency,  breaches  of  the  peace,  hoise 
racing,  dsorderly  houjies,  riotoU'j  meetings  or  assemblages, 
aid  to  punish  persons  for  making  loud  or  nnusudl  noises  or 
for  disturbing  persons  assembled  at  religious  or  other 
meetings  ia  said  town;  for  which  purposes  the  trustees 
may  make  such  by-laws  and  ordinances,  not  incompatible 
with  the  laws  of  this  state,  as  they  may  deem  necessary  or 
expedient  to  carry  the  provisions  of  this  act  into  effect, 
and  to  impose  fines  for  the  violation  of  any  of  their  by-laws 
and  ordinances,  to  bs  recovered  before  an)  jaslice  of  the 
peace  in  said  town,  by  action  of  debt. 

§  1-j.  It  .shall  be  the  duty  of  any  justice  of  the  peace  in  Justice  ct  tho 
said  town,  and  he  is  hereby  autliorized  and  empowered,  on  ''**'^  ' 
view,  or  upon  complaint  being  made  to  him  upon  oath,  of 
the  violation  of  any  law  or  ordinance  of  said  town,  to  iisua 
his  warrant,  directed  to  the  town  constable  or  to  any  au- 
tliorized person,  to  ap])rehcnd  the  off'ender  or  offenders 
and  bring  him  or  them  before  him  forthwith,  and  after 
hearing  the  evidence,  if  it  shall  appear  that  the  accused 
has  bten  guilty  of  the  violation  of  any  law  or  ordinance  of 
the  corporation,  to  impose  fuch  fines  or  imprisonment  as 
may  be  jirovidcd  fur  by  such  ordinance. 

&  H.     In  all  cases  arisinfr   under  the  provisioas  of  this '*i'i'"''.='"<if'r- 

r  1  111  •  r  .'.,,  ,  ttoran. 

act  aj)peais  may  be  t:\ken,  writs  of  cerlwrcri  allowed,  as 
is  now  or  may  hereafirr  be  provided  for  by  law. 

^  lo.     Ail  f;ms  or  monpys  cjlh.'cted  for  licenses  granted  Ucen««. 
under  the  provisions  of  this  act  shall  be  paid  into  the  town 
treasury  for  the  use  of  the  inhabitants  cf  said  town. 


ls:>7.  2S2 


<kiir<t>. 


!3j  r<-  (.!(>.  The  trustees  shall  ])rovidp  all  tljo  necessary  books, 
and  have,  by  their  officers,  true  Jind  correct  records'  Icejit  of 
nil  their  proceedings,  hiid  ofthe  proceedinj^-^  o!  their  otficers, 
whicli  book*,  or  attested  copies  thereof,  shall  bv  proof  in  all 
courts  within  this  state;  said  record  to  be  kept  most  lully  and 
entirely  ot  all  procecoinos  and  acts  of  said  board  of  trus- 
tees, and  of  all  by-laws  aiul  ordinances  ;  and  no  o)  finance 
shall  be  of  any  force  until  the  same  shall  have  been  adver- 
tised, by  i^ostinsj  copies  in  three  of  the  most  public,  places 
in  said  town,  for  ten  days. 

5;5c«itu.  v^  17.     The  said  trustees  shall  ha\-e  power  to  make  pave- 

ments or  sidewalks  in  said  town,  as  to  them  may  seem 
needful:  Prorif/rd^  that  any  lot  in  front  of  which  any  side- 
walk is  to  be  made  shall  be  taxed  to  pay  at  least  one-half 
ofthe  expens\5  of  such  sidewalk. 

Ku.«*ix».  ^  IS.     The    said    trustees   siiall  have  power  to  declare 

what  shall  be  considere«l  a  nuisance  within  the  limits  of 
the  corporation,  and  to  provide  for  \\\c  abatement  or  re- 
m>VBl  thereof. 

Fc».f«  anj  ^  10.  The  corporation  ot'  said  town  is  endowed  with 
all  the  powers  and  priviletjes  t!iat  are  accorded  to  tne  city 
of  Sprinf^field  hy  the  charter  thereof. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  j)assage. 

ApfRovED  Feb.  7,  1867. 


!•<«• 


B^lr 


r«^.  7,  IBAT.         AN  ACT  to  iucorporst*  Ihe  Helvidere  and  La  Salle  Railroinl  Company. 

Section  I .  Be  it  enactrd hy  the  j)e(>j)tc  nj'lhc  siufv  of  lUi' 
nois,  reprefrulnl  in  th"  (innrnl  %'issemlili/ .  Thai  an  act  en- 
!»4.  titled  "An  act  'o  inror|)orate  the  nelvi<lere  and  \j'\  »Salle 
Kailri  ad  Companj,"  approval  I-'c'.jruary  fourteenth,  one 
thoufiand  eij^ht  hundred  and  lifty-ii\e,  be  and  tiie  same  is 
herrby  rep^-aled. 
ffrviiiic  Mbi  ^2.  That  all  .inch  persons  us  shall  become  stockhold- 
er*', bi^roeably  to  the  provisions  of  this  act,  in  this  ccrpora* 
tirui  hereby  creat»Ml,  Hhail  be,  and  lor  the  t»rni  of  sixty 
yrar.H  from  and  after  th**  passage  (d  this  act,  shall  continue 
to  be  a  b'xly  p'dj»ic  an  I  eor|t'»rafe,  by  the  name  Hfid  style 
of  tie  "Btdvidfre  and  I  a  Salle  Railioad  Company;''  and 
by  tiiat  name  flhall  have  succession,  for  the  term  of  years 
above  iij)eeifi»»<l;  may  sue  and  be  sued,  comolain  arid  de- 
fen<l  in  any  courfn  of  law  or  etjuity;  may  makr  ami  use  a 
OcMnl  p>}«(rt  common  Heal,  ai.d  .Iter  tin  fimeat  pb'jsiire;  iriay  miike  by- 
law*, rule-  an  1  r«g  ilitionw  for  the  mana^«inenl  of  proper- 
ty, the  rff^uUtion  of  atlairi,  and  for  tho  transfer  ol  the 
slock,  not  inconsistent  with  the  existing  lawj?  and  consti- 


283  1B5T. 

tution  of  this  state  or  of  the  United  Slates;  and  may,  more- 
over, a|)j)oint  such  subordinate  af^enfs,  officers  and  Sf-r- 
va^t^!,  as  tlie  business  of  tlie  company  may  riqnjie,  j>re- 
scribe  tlieir  duties,  and  require  bond  for  the  faithful  pcr- 
formanco  thereof. 

§  3.  That  A.  C.  Fuller,  M.  G.  Leonard,  Wm.  T,  Kiik  j^^^^'^j"**  ""• 
D.  M.  Kelsoy,  JohnS.  Brown,  Alex.  Campbel),  Isaac  il. 
Hitt,  Chas.  Sutphen  and  Joiin  Mickhr  be  and  they  are 
hereby  appoiiited  ccnimissioncr;',  lor  tbe  purjicsf  of  i>io- 
curing  subscriptions  to  the  ca[)ital  stock  of  'Juch  'joinjiany, 
giving  notice  of  the  time  and  jjlace  when  and  where  said 
books  will  be  opened,  at  least  thirty  days  previous  there- 
to, by  publication  in  some  newspaper  published  in  Belvi- 
dere.  La  Salle,  and  such  others  as  ^aid  commissioners  nuiy 
choose.  Said  commissioners,  or  a  majority  of  them,  shall 
attend  at  the  places  appointed  for  the  opening  ol  said  Openirgbotks. 
books,  and  shall  continue  to  receive  subscription,  either 
l)ersonally  or  by  such  agents  as  they  shall  appoint  for 
that  purpose,  until  the  sum  of  twenty  thousand  dollars 
shall  have  been  subscribed  ;  and  as  soon  as  said  sum  of 
twenty  thou-^and  dollars  is  subscribed  the  said  commis- 
sioners shall  give  thirty  d?}s'  notice,  by  publication  in 
newspapers  published  in  Belvidere  and  La  Salle  and  such 
others  as  they  may  choose,  of  an  election  by  said  stock- 
holders of  a  board  of  directors,  as  hereinafter  provided,  for  Beard  of  Jireo 
the  management  of  said  company.  At  such  time  and  place 
appointed  for  that  purpose,  the  commissioners,  or  a  ma- 
jority of  them,  shall  attend  and  act  as  inspectors  of  said 
elections;  and  the  stockholders  present  shall  proceed  to 
elect  nineteen  directors,  by  ballot;  and  the  cnraroissioners  «icction. 
present  shall  certify  the  result  of  such  election,  under  tl  eir 
hands,  which  certificate  shall  be  recorded  in  the  record 
book  of  said  company,  and  shall  he  sufficient  evidence  of 
the  election  of  the  diiectors  therein  named.  Tlie  dwrct- 
ors,  thus  elected,  shall  hold  their  offices  one  year  aiid  until 
their  successors  are  elected  and  qualified. 

§  4.  The  capital  stock  of  said  company  shnll  be  two  csvitai stock. 
hundred  thousand  dollars,  with  power  to  increase  the  Si"me 
to  a  sufficient  sum  to  complete  the  woik  therein  author- 
ized, not  exceeding  tweiity-five  thousand  dollars  per  mile; 
and  the  same  shall  be  subscribed  for  and  taken  uiuler  the 
direction  of  the  hoard  of  directors  of  sai'l  company,  in  such 
time,  place  and  manner  as  the  said  directors  shall,  Irom 
time  to  time,  direct.  The  shares  in  said  company  shall  be 
deemed  and  considered  as  ,>ersonal  propertj*. 

§   5.     Tne  alfi'-ii''  of  said  company  shall  b*"  man;'.grd  by  a  Director',    ^ow 
board  cf  thirteen  directors,  to  be  chosen  annnallj.  by  the    "^  °*"'' 
stockholders,  from  .-imong  themselves.     At  all  election^  Ibr 
directors  each  stoekholdi  r  sh.ill  be  entitl'^d  to  one  vote  for 
every  share  held  by  him,  and  may  yote  either  personally 


IS'T.  284 

or  by  proxy,  and  a  plurality  of  votes  given  at  any  clectiou 
sliill  determine  the  choice;  and  no  stockholder  sluill  be 
allowed  to  vote,  at  any  election  after  the  first,  for  any 
stock  which  shall  have  been  assigned  to  him  witliin 
tiiirty  days  previous  to  sucji  election.  The  directors 
jhaM  hold  tluir  otfices  for  one  year,  after  elected,  and 
until  their  successors  are  elected  and  qualified,  and  t'hall 
elect  one  of  their  inimber  president  of  said   board  ;  and 

vv.-»acT.  in    case  of  any   vacancy    occurring  in  said  board   of  di- 

rectors, between  elections,  the  ?ame  may  be  tilled  by 
the  board  at  any  legal  meeting  of  the  directors,  and  the 
person  so  elected  to  fill  the  vacancy  shall  hold  his 
o£ce  until  the  next  annual  meeting  of  the  stocklioKlers. 
In  case  of  tlie  ubience  of  the  president  of  the  board  the 
directors  shall  have  power  to  electa  president /;r(>  ieni' 
pore,  wlio  shall  exercise,  for  the  time  bcMng,  all  the  legal 
po'.veis  of  the  presiden*  of  said  coraj)any;  and  <he  said 
board  of  directors  may  diminish  their  number  to  not  less 
than  nine,  or  increase  their  number  to  not  more  than  fif- 
teen, by  a  vote  of  the  majority  of  the  stockholders  present 
at  any  annual  meeting. 

Tower  t  make  §  (j.  It  sliall  be  lawful  for  the  directors  to  make  callii 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany at  such  tine  or  times  and  in  such  ainuunt  as  they 
shall  deem  lit,  giving  at  least  thirty  days'  notice  of  each 
of  such  calls,  in  at  least  three  public  newspapers  publish- 
ed in  this  state  :  and  in  case  of  failure  on  the  part  of  any 
stockholder  to  inak(»  paynu'nt  of  any  call  made  hv  said  di- 
rectors for  sixty  days  after  the  sum  shall  be  due,  the  said 
boartl  of  directors  are  hereby  authorized  to  declare  said 
stx'k  in  arrears  and  all  sums  j'aid  theruon  forfeited  to  said 
company. 

Povrrt  u»  i-jiid  ^  7.  The  said  company  are  hereby  authorized  and  em- 
powered  to  !oeat»>,  constiuot  and  complite,  maintain  and 
operate  a  railroad,  with  a  single  or  double  track,  and  with 
sucli  appendagfs  as  may  be  deeiued  necessary  by  the  di- 
rectors for  the  convenient  use  of  the  s  \me,  from  a  point 
near  the  centre  of  the  village  of  Helvidere,  on  an  air  line, 
as  nearly  as  pmcticahh',  to  the  city  of  La  Salle  ;  and  shall 

krab^e*.  have  j)ower  to  build   brancJH'M,  lo  connect  said   rond  with 

aiiv  railroad  or  railroads  in  either  or  any  of  tin  counties 
thr.>ngh  which  said  road  shall  pass  ;  end  survey  and  de- 
t%rmine  the  line  of  laid  road,  U|)on  such  route  as  the  said 
company  shall  deum  most  <  ligilfle  And  the  said  company 
are  further  authorized  to  use  and  opeiat  said  r.^.ilroad, 
and  "hall  have  power  and  authority  to  regulate  the  time 
and  manner  in  which  goods,  effects  ancJ  person<»  shall  he 
traii«iportf.d  on  the  same,  and  to  prescribe  the  manner  in 
wtii'di  said  railroad  shall  be  used,  and  the  rate  of  toll  tor 
lran<«portation  of  persons  and  property  thereon,  and  for  the 


285  1857. 

storage  of  merchandise  and  otlier  property  under  their 
charge;  and  shall  have  })owcr  to  jjrovide  all  ntcesf-ary 
depots,  stations,  shops  and  otiier  buildings  and  machinery 
for  tlie  accommodation,  management  an.l  operation  of  said 
road.  And  that  sjiid  company  may  extend  their  road  from 
Belvidere,  tiirough  the  village  of  Borneo,  in  lioone  county, 
to  the  north  line  of  the  state,  and  unite  with  or  consolidate 
its  capital  stock  witli  any  railroad  company,  in  tlie  state  of 
Wisconsin,  with  wluch  said  company  mpy  desire  to  con- 
nect their  road:  Provided^  the  same  is  done  with  the  con- 
sent of  the  stockliolders. 

§  8.  That  said  company  are  hereby  authorized,  by  th».ir  aigutof  ivay. 
engineers  and  agents,  to  enter  upon  any  lands,  for  the 
purpose  of  making  the  necessary  purveys  and  examinations 
of  the  said  road,  and  enter  upon  and  take  and  hold  all 
lands  necessary  for  the  construction  of  said  railroad  and 
branches  and  its  appendages,  first  making  just  and  reason- 
able conij)ensatio)i  to  the  owners  of  said  laiuls  for  ai^y 
damage  that  may  arise  on  them  from  the  building  of  said  Damages. 
road  ;  and  in  case  said  company  shall  not  be  able  to  obtain 
the  title  of  said  lands  through  which  the  said  railroad  shall 
be  laid,  by  purchase  or  voluntary  cessicn,  the  said  com- 
pany are  hereby  authorized  to  proceed  to  ascertain  the 
damages  sustained  by  such  owner  or  owners,  and  deter- 
mine the  same  in  tlie  manner  and  upon  the  principles  pro- 
vided by  the  92d  chapter  of  the  Revised  Statutes  of  this 
state,  entitled  "Right  of  Way  :"  Prodded,  that  after  the  Pr*TiBo. 
appraisal  of  damages,  as  provided  in  said  statute  and  upon 
the  deposit  of  the  amount  of  such  appraisal  with  the  clerk 
of  the  circuit  court  of  the  county  wherein  such  lands  may 
be  located,  the  said  company  are  hereby  aut'iorized  to 
enter  upon  such  lands  for  the  construction  of  said  road. 

§  0.  That  the  raid  company  are  authorized  and  em-  rower  totorrow 
powered  to  borrow,  from  time  to  time,  such  sums  of  money,  ™°°^^- 
not  exceeding  the  capital  stock  of  said  company,  as  in 
their  opinion  may  be  deemed  nec>^ssary  to  aid  the  con- 
struction of  said  road,  and  pay  any  rate  of  interest  there- 
for, not  exceeding  ten  per  cent.,  and  to  pledge  and  mort- 
gage the  s  lid  road  and  its  appendages  o^  any  part  thereof, 
or  any  other  property  or  effects,  rights,  credits  or  fran- 
chises of  the  said  compan} ,  as  s»cu>ity  for  any  Joan  of 
money  and  interest  thereon;  and  to  dispose  of  the  bonds 
issned  for  such  loan  at  such  ^aie  or  on  sucii  terms  asths 
board  of  directors  may  determine. 

^  1<>.  That  said  corjtoration  may  construct  their  said  crosfirg!.. 
road  aiid  branches  over  or  across  any  stream  of  water, 
water  course,  road,  highway,  railroad  or  cana',  whicli  the 
route  of  its  road  shall  intersect;  bat  the  corporation  shall 
restore  the  stream,  water  course,  road,  highway,  railroad 
or   canal,  thus  intersected,  to  its  former  state,  or  in    a 


1S.=>7. 


l!SG 


rnititii  »T   tori' 
•ur..i>f.i«  »i'i» 


suffioipnt    manner  not  to    have   impaired    its    usofulnPSS. 
WlitMiever  tiic  track  t^f  saiil  railroad  shall   cross  a  road 'oj 
hii»»iway,  such  road  or  highway  maybe  cairicd  over  or 
irJer  sail  track,  as  may  he  found  most  expedient  ;  and  ni 
ca-ie  where  an  emhankment  or  cuttiis;  shall  make  a  change 
in  the  line  o(  such   road   or  hi|;!i\vay  desirable,  with  the 
R.^i-cbi.Mr.r.  ^.^^^  to  a  more  easy  ascent  or  descent,  the  said   company 
may  take  such  additional  limits  lor  the  construction  of 
such  roads  or  highways   as  may  be  deemed  requisite  by 
said  corporation,  unlrss  the  lands  so  taken  shall  be  pur- 
chis.-d   or   voluniarily    gi'en   for   the    purpose    aforesaid; 
compensation    tlur^  for  shall  be  ascertained  in  the  manner 
in  this  act  provided,  as  nearly  as  may  be,  and  duly  made 
by  s^i  1  coruoration  to  the  owners  and   persons  interested 
in  said  land's  ;  the  same,  when  so  taken  or  compensation 
made,  to  become  a  part  of  suc!»  intersectiofi;  road  or  high- 
way, in  such  manner   and  by  such   tenure  as  the   adjacent 
parts  of  said   higliway  may  be  held   for  highway  purposes. 
^N  11.     That  it  shall  be  lawtul  for  the  said   company  to 
unite  with  any  other  railroad  company  which  may  have 
been  or  may  be  hereafter  incorporated  by  this  state,  and 
to  grant  any  such  company  or  companies  the  rigiit  to  con- 
struct and  use  all  or  any  portion  of  the  road  hereby  author- 
ized to  be  constructed;  aUothe  right  to  sell,  lease  or  cnn- 
vey  the  same  to  said  comi>any  or  companies,  or  consoli- 
date its  stock  therewith,  and  place  the  management  and 
control  of  tlie  same   under  such  board  of  directors,  upon 
such  terms  as   may  be  mutually  agreed   uj.on  between  the 
Slid  railroad  companies. 

5  IJ.  Tnat  any  person  wh  >  shall  willfully  injure  or  ob- 
'2|!S^r  •*"  struct  the  said  road,  or  any  of  its  appurlcnancs  thereto, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit 
tolliH  u'eofthe  same  company  a  sum  three-fold  the  amount 
of  the  damages  occasiotud  by  su.h  injury  or  obstruction; 
to  be  recovered  in  an  action  of  debt,  in  the  name  of  said 
company,  with  costs  of  suit,  before  any  j<i«^ticc  of  the  peace 
or  before  any  court  ol  record  in  this  state. 

§  i:i.     That   tiie  said   company  shall    be  allowed   three 

'  years  from  the  passage  of  this  for  the  commencement  of 

tlie  construction  of  said   railroaii  ;  and  in   case  the  same 

shall  not  be  compl.ted   in  tm  y«'ars  thereafter,  the   priv- 

ilftf»?»  herein  granted  .shall  be  forft  itcd. 

9  i  L      Tiiat   this    act   shall    be  decnwd   and   taken   as  a 
public  act,  and  shall  br  construed  beneficially  for  all  pur- 
]>onv<,  herein  speeifi.-d  and   intended,  and  shall  take  citect 
from  and  after  it*,  passage. 
Approved  Feb.  7,  1857. 


287  18o7. 

AX  ACT  l'»  vacate  certain  alUys  in    the  town  of    Oawcgo,  in  Ken '.all     Feb.  t,  ib57. 

county. 

[Section  I.]  Be  it  enaeted  by  the  people  of  the  state  of 
Ulinuia^  rcpi'fsfiifed  in  the  Gencj-al  ^'Issenih/y^  That  all  the 
alleys  in  block  number  t-if^ht  (S.)  and  in  block  nuinber  six-  AUfjs  vacaic-i. 
teen  (1*),)  in  tlu;  oripiinal  town,  and  the  alley  in  l)lock  nuinber 
five  (5.)  in  Louck's  and  Slallbid's  addition  to  the  town  of 
Oswegi),  in  Kunddll  county,  be  and  the  same  are  hereby  de- 
clared \;'C.iled5  and  the  president  and  trustees  ofsaid  town 
are  authorized,  tor  the  benefit  of  said  corporntion,  to  sell 
and  c  jn\cy  the  same  to  such  of  the  persons  owning  property 
contigucus  thereto  a*:  will  pay  the  largest  price  therefor  :  Provi-o. 
Provided,  that  the  provisions  of  this  act  shall  not  take  effect, 
as  to  either  of  said  alleys,  until  the  owners  of  property  in 
said  blocks,  residents  of  said  town,  whether  minor.",  inur- 
ried  women  or  persons  of  full  age,  shall  file  their  written 
assent  thi^reto  in  the  recorder's  office  of  said  countj:  ^Jnd  Further  proviso. 
provided i  further^  that  so  much  of  said  alley,  in  block  num- 
ber five  (3)  aforesaid,  as  lies  contiguous  to  the  school  lots 
ofsaid  town,  shall  inure  to  the  benefit  of  said  district;  and 
the  president  and  trustees  ofsaid  town  are  hereby  author- 
ized to  execute  all  conveyances  necessary  to  vest  the  title 
in  them. 

Approvkd  Feb.  7,  1857. 


AN  ACT  to  amend  an  act  entitled  "An  ac^  to  cons'riict  a  railroad  from     F«i'.  15,1867, 
JacksoLvilii",  in    Morgan   county,  to  Alton,  in  Madison  county,"  ap- 
proved iebruary  15,  18j1. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  t^ssetnblyt  That  the 
name  of  the  Jacksonville  and  Carrollton  Railroad  Com-  Kame .hanged. 
pany  be  and  is  hereby  clianged  and  declared  to  be  the 
"Jacksonville,  Alton  and  St.  Louis  ilailroad  Company," 
and  by  nnvl  under  that  name  said  corporation  shall  be 
henceforth  known,  and  have  its  corporate  existence,  and 
hold  and  be  possessed  of  all  the  rights,  powers  and  privi- 
leges granted  to  the  Jacksonville  and  Carrollton  Railroad 
Company,  in  the  original  charter  ofsaid  company  and  tiie 
several  jii.iendments  thereto,  and  shall  be  and  become  vest- 
ed with  all  the  property  ami  esthte  and  rij^hfs  of  every 
kind  wl.a'ever  vested  in  the  name  cf  ''The  Jacksonville 
and  Carrollton  Railroad  Company,"  as  fnily  as  if  said  name 
had  not  I>een  changed. 

§  2.  Tlie  said  corporation,  in  addition  tr,  ;^e  provisions  Aatboriitd  t« 
granted  by  the  act  to  which  this  is  an  amendment  as  well  bou**!^.  '"** 
as  the  amendments  approved  Feb.  11,  1863,  and  Feb.  27, 


lUMl. 


lSo7.  288 

lS5t,  arc  hereby  ftiithnrized  to  purchase  and  liold  any 
tractor  tra-'ts'  ot"  land  along  the  line  of  .^aid  road  for  j>ass- 
im^  over  whioli  the  owner  or  owners  thereof  may  claim 
daniages,  and  fail  or  refuse  to  rdincjuish  to  the  said  cor- 
poration the  right  of  way  over  the  iiame,  and  release  caid 
com'^">any  from  the  j)ajnu  rit  rf  said  damages,  and  tiie  said- 
c.^r|)Oia*ion  shall  have  |io\ver  to  nurchase  and  hoM  other 
real  estate  for  said  road  f^r  the  purpose  of  jirocuring  tim- 
ber or  other  materials  for  tlie  constru  tion  ot  the  same,  and 
for  such  other  purposes  as  may  be  required  for  the  use  of 
said  road. 

Pc««t:«Tu  if  §  .>.  The  said  comp.inv  may  also  receive  voluntary 
grants  or  donations  of  land  or  other  property  for  the  use 
cf  said  road,  ar.<l  also  enter  upon  and  take  possession  of 
and  use  nil  and  singular  any  lands,  streams  and  materials 
of  every  kind  for  the  location  of  depots  and  stopping 
stages,  for  tlie  purpose  of  constructing  bridges,  dams, 
tmbankmenls,  excavations,  station  grounds,  spoil-hanks, 
turn-outs,  engine  houses,  shojis  and  oMitr  buildings  neces- 
sary for  the  construction,  completing,  altering,  maintain- 
ing preserving  and  comjjlete  operation  of  said  road.  All 
such  lands,  maleiials  and  })rivil(^ges  belonging  to  the  state 
are  hereby  granted  to  soid  corj)oration  for  said  purposes; 
out  when  owned  or  belonging  to  any  pf  rson,  company  or 
corporation,  and  cannot  be  obtained  by  voluntary  grant  or 
rekase.  the  same  may  be  taken  and  paid  for  in  the  man- 
ner provided  for  in  the  third  section  of  the  act  to  which 
thi"  is  an  amrndment. 

■•vwjp-irt  to  5  i.  Thr  said  corporation  is  hereby  authorized  to  re- 
ceive  subscriptions  to  the  stock  ot  siun  road,  payable  at 
any  time  thereafter,  with  such  a  rate  of  interest  thereon 
as  may  be  agreed  on,  and  for  securing  the  ])aynient  of  said 
stock  and  interest,  said  corjioration  may  receive  the  bond 
of  said  subscriber,  with  a  mortgage  or  deed  of  trust  upon 
real  estate,  ^nd  the  sai<l  cr.r|. oration  on  a  failure  or  refu- 
sal of  said  subscriber,  his  heirs,  executors  or  adi.iinistra- 
tor."i,  to  pay  tlie  said  -Mim  of  money  and  interest  when  pay- 
able, may  proceed,  by  s-iit  in  any  court  having  com]ittent  ju- 
risdiction, to  foreclose  Slid  mortgage  or  .cell  said  real  estate, 
ogreebl>  to  the  jtrovi'ions  ccntai'icd  in  tlie  deed  of  trust. 
The  Said  corporatifMi  may  assign  said  note  and  mortgage 
or  dfed  of  trust  and  such  vest  in  tiie  assignee  the  legal 
title  theretc. 
of  §  5.  The  said  corporation  sliall  never  be  allowed  tois- 
Huc  certificates  for  Ptock  ia  said  company,  unless  ordered 
by  a  majority  of  the  dirj'ctors,  and  for  a  ^'alualle  consider- 
ation to  be  given  tin  rff')r,  at.d  when  su^h  certificates  shall 
be  i^ined  they  phall  be  signefl  by  the  ))resident  and  counter- 
signed by  the  secrrtary  f)f  said  conij»any,  end  attested  by 
the  neal  of  said  cc-poralion. 


ibattocfc. 


f.ri. 


280  1867. 

^  G.  The  sa'ul  corporation  may  Iioreaffpr  construct  niphu  aud  pfi- 
their  said  roiul  along  the  most  eligible  and  practicable  route 
to  Illinoiatowti  or  any  point  opposite  St.  Loui.^5',  and  for  that 
purpose  s!iall  possess  and  exercise  all  the  [jiivilegesi,  im- 
munities and  fr:uichi-^es,  and  f'nj  )y  all  tlie  rights  granted 
by  this  act  and  the  act  to  which  tiiis  is  an  aniendinent,  and 
the  several  amendments  thereto. 

5  7.  The  said  corporation,  lit  any  time  before  the  con-  Consdi.iation, 
struction  of  the  said  road  as  provided  in  the  foregoing  sec- 
tion, may  contract  .vith  any  railroad  company  now  opera- 
ting betvveen  the  city  of  Alton  and  St.  L')ui>',  or  which  may 
hereafter  do  so,  for  the  consolidation  of  said  corporation, 
or  for  the  use  of  said  road,  depot  buildings,  engine  house, 
and  all  other  appurtenances  connected  therewith,  for  such 
time  and  on  sucli  terms  as  may  be  agreed  on. 

^  8.  The  number  of  directors  of  the  said  corporation  Directors, 
shall  hereafter  be  increased  to  seven,  who  shall  be  elected 
at  such  lime  and  place  as  may  be  provided  by  the  by-laws 
of  said  company,  and  it  shall  be  lawful  for  the  directors  of 
said  company  to  alter  said  by-laws,  and  change  the  time 
and  place  for  the  annual  election  of  directors,  whenever  in 
tiieir  judgment  it  may  be  deemed  advi-iable. 

§  l>.  The  county  courts  of  Morgan,  Greene  and  Jersey  Oonntics m»r  54- 
may  i3>'ue  bonds  for  the  full  amount  respectively  subscribed  ""^  ""'*■ 
by  them,  or  which  they  may  hereafter  subscribi^  in  behalf  of 
said  counties  to  the  capital  stock  of  the  Jack-^cnville  and 
Carrollton  Railroad,  when  requested  to  do  so  by  tl.e  order 
of  the  directors  of  said  corporation;  and  the  clerks  of  the 
county  courts  of  said  counties  shall  transmit  to  the  auditor 
of  state  the  amounts  respectively  subscribed  by  said  coun- 
ties, together  with  the  accruing  interest,  also  the  amount 
of  bonds  issued  to  sail  corporation  ;  and  it  shall  be  the  du- 
ty of  the  auditor,  in  making  out  tlie  forms  for  each  rounty, 
to  prepnre  a  column  for  the  amount  of  interest  required  to  interest  tax. 
be  raided  annually  to  meet  the  accruing  interest  on  such 
bonds,  which  shall  be  collected  at  the  same  time  and  man- 
ner of  collecting  the  state  revenue  and  paid  into  the  coun- 
ty treasury;  and  the  collectors  of  said  county  shall  be  al- 
lowed the  same  compensation  for  collecting  ?aid  interest 
as  they  receive  for  collecting  a  like  amount  of  the  state 
revenue,  to  be  paid  by  said  counties;  and  for  the  faithful 
discharge  of  their  duties  shall  sev-rally  be  re(|uired  to  give 
bond  and  security  to  be  approved  by  the  clerks  of  said 
counties  respectively. 

§  10.  This  act  i-3  hereby  declared  to  be  a  public  act, 
and  shall  bo  in  force  and  take  effect  from  and  after  its 
passage. 

Approved  Feb.  7,  1867. 
1 


iSoT. 


290 


r«k.Y,issT. 


A441U<ni 


AX  ACT  to  incorporate  the  villago  ef  Knpervillp, 

Section  1.  Be  it  enacted  hy  the  peopie  of  the  state  of 
J/tiii  >is\  reprexentett  in  the  Cienerdt  ^^issetuh/t/,  Tliat  tl»t> 
.  .M..".  resident  inhabitants  of  tlit'  villi\gc  ol  Naperville,  in  the  coun- 
ty of  D»i  Page,  he  and  tliey  are  henby  cient*  d  n  hni\y  poli- 
tic and  corporate,  by  tlie  name  and  style  ol'  tlie  ''V'illage 
ot"  Naperviile,"  and  by  that  name  shall  be  known  in  law, 
and  lKi\e  jierpetnal  succession;  may  sue  and  besued,jdead 
and  be  impleaded,  defend  and  be  defended,  in  all  courts  of 
law  and  u]iiity,  and  in  all  actions,  suits  and  matters  wh:it- 
soever;  and  luay  have  aid  n-e  a  corporate  seal  and  alter 
the  same  at  pleasure;  may  purcha^Jc,  recei\e  and  hold  real 
■*'"•  and  lersonal  jiroperty  within  the  liinils  of  the  ^•ill;l^»e  and 
no  other  (excipt  for  burial  grounds,)  and  may  sell,  lease 
and  dispose  of  the  same  for  the  benefit  of  the  village,  and 
may  do  all  other  acts  as  natural  persons  which  may  be 
necessary   to  carry  out  the  powers  hereby  granted. 

§  -.  The  boundari(■^  of  said  village  shall  include  with- 
in its  limits  the  following  descrioed  pieces  or  parcels  of 
lands,  to  wit:  The  northwest  quarter  and  the  west  half  of 
the  southwest  quarter  of  section  eighteen,  township  thirty- 
tight  north,  range  ten  east  of  the  third  principal  meridian; 
also  the  Southeast  quarter,  the  south  half  of  the  northeast 
qtiarter,  and  the  east  half  of  the  east  half  of  the  southwest 
quarter  of  section  thirteen,  and  the  east  half  of  the  north- 
e«3t  quarter  of  section  twenty-four,  township  thirty-eight 
Of  rth,  range  nine  east  of  tlie  third  principal  meridian,  to- 
gether with  all  such  additions  to  the  town  of  Naper\ille 
as  are  now  and  may  hereafter  be  laid  out  and  recoif'ed  as 
village  lots;  nil  of  said  jiieces  or  parcels  of  land  being  in 
the  county  of  Dii  Page,  and  stat<-  of  Illinois. 


AuTK   IF   II. 


r  ".s'li. 


()*«aft-ai>./o. 


JL^>fm-Jt. 


§  1.  Th<  re  sliall  be  a  council,  to  consist  of  a  president 
and  f>ur  tru«-ttes,  to  be  chosen  annually  bj'  the  qtialified 
voter*  of  .laid  village,  who  shall  serve  without  compensa- 
tion when  sitting  in  that  capacity. 

5  L^  No  p'-r.^on  shall  bi  a  member  of  the  coimcil  unless 
lie  shall  be  at  tli*-  time,  and  shall  have  been  one  year  im- 
mediately preceding  his  election,  a  r»  sident  of  the  said  vil- 
lage, and  nave  the  reqtiisite  qualification  to  vote  for  state 
officer«. 

§  3.  If  any  member  of  the  council  shall  during  the  term 
of  bin  office  remove  from  the  village,  or  be  absf-nt  there- 
from for  the  ppace  of  six  months,  his  office  Khali  thereby 
be  vacatei. 


201  IH57 

§  4.     Tlie  council  sliallbe  jurlj^os  of  the   qualification,  conJostci    oifc 
election  and  return  of  its  own  nnMnbf.'rs,  atid  shall  deter- 
mine all  contested  elections. 

§  5.     A  majority  of  the  council  shrill   constitute  a  quo-  Q""'"'- 
rum  to   do  husines",   but  a  snirtHer  nun\ber  may    adjourn 
from  day  to  duy  and  compel  the  attendance  of  absent  mem- 
bers, u)ider  such  fines  and  penalties  ns  may  be  prescribed 
by  ordinance. 

§   6.     The  council  shall   have  power  to  determine  the  Rnics   of    rro- 
rule  of  its  jtroccedings,  and  punish  its  members  for  disor-    '^^^  '"'"''■ 
derly  conduct,  in  such  manner   as  may  be  prescribed  by 
ordinance. 

§  7.  The  council  shall  require  the  clerk,  and  it  shall  cicrk. 
be  his  duty,  to  make  and  keep  a  full  and  faithful  record  of 
all  their  proceedings,  by-laws  and  ordinances,  and  of  the 
time,  maimer  and  ])Iace  of  publication  of  such  by-laws  and 
ordinances,  in  a  l)Ook  to  be  provided  for  that  p>irpose,  and 
such  book,  purporting  to  be  tlie  records  of  the  corjjoration 
of  the  village  of  Naperville,  shall  be  received  in  all  courts, 
without  further  proof,  as  evidence  of  all  matters  therein 
contained. 

§  8.     No  member  of  the  village  council,  during  the  term  Prohibition. 
of  his  otfic  ,  shall  be  appointed  to  any  office  under  the  au- 
thority of  the  council. 

§  9.     All  vacancies  that  shall  occur  in  the  council  shall  vaciucio-. 
be  filled  by  election. 

§  10.     Whenever  there  shall  be  a  tie  in  the  election  of  cnscsor  a  tipu> 
members  of  the  couneil,  the  judges  of  the   clecticn   shall   ,'^;°^''^''^'"''  ^' 
certify  tlie  same   to  the  police  justice  elected  by  virtue  of 
this  act,  who  shall  determine  the  same  by  lot,  in  such  man- 
ner as  may  be  prescribed  by  ordinance. 

§  11.     There  shall    be  four  regular    meetings   of  tlie  ^footl■.;.••. 
council  in  eaeli  year,  at  such  times  and  places  ?s  may  be 
prescribed  by  ordinance. 

Article  III. 


§  1.     There  shall  be  elected  in  the  village  of  Naj)erville,  p.iico     m«gi«- 
by  the  qualified  voters  thereof,  on  the  first  Monday  in  May,    "■'"• 
eighteen  hundred  and  fifty-seven,  and  quadrienially  there- 
after, a  police  magistrate  and  a  p-jlice  constable,  who  shall 
hold  their  re3[)ective  offices  for  t!ie  term  of  four  years,  and 
until  their  successors  shall  be  elected  and  qualified. 

§  2.     No  person  shall  be  eligible  to  the  office  of  police  q  ..tinc«iion«. 
magistrate  or  police  constable   who  shall   not  have  been  a 
resident  of  said    village    for  one   year  next  ]>rereiling  hi? 
election,  or   who  shall   be    imder   the   age   of  twenty-one 
years,  or  who  shall  not  be  a  citizen  of  the  United  States. 

§  3.     For  the  election  of  a  police  magistrate  and  police  M«»ncr  of  eiec- 
constable  said  village  is  hereby  declared  an  election  pre-    "*"* 


to^<rr> 


Tjwfrt. 


T«ii^  cv€katal>''.«. 


1857.  .        292 

cin.t,  ami  sucli  flection  .shall  be  conducted  in  tiit-  same 
11  tinner  as  tl.c  fltction  and  it'tuin  of  ollur  juslict  s  of  lite 
|H-di*e  and  constablts:  P.-dVuhd^  sncii  electidns  shall  be 
lit  Id  at  the  $»nir  time  and  .shHJi  be  conduetcd  by  the  snuie 
jndi;ts  as  the  election  lor  numbers  of  the  council. 
coni.  «<-.>.  •  ^  -t.  The  police  nia^istnitc  shall  be  commissioned  by 
tl  e  go\  ernor  ol  the  state  ol  Illinois,  and  shall  ha\e  the 
s::nu-  tjiialili<*ution,  be  subject  to  the  same  rcijuireinents 
and  jtfnaltifS,  and  have  the  same  rights,  privilef^es,  juris- 
diction anil  tiutit  s  that  justices  oj  the  |ieace  now  1  live  or 
may  hereafter  have  under  the  general  laws  of  the  state. 

^  ').  The  jxdice  constable  si  allhave  the  same  rights,  pri- 
vileges, qualifications,  and  be  subject  to  thesame  re<juirr- 
ments  and  penultits  and  have  the  same  jurisdiction  and 
duties  t.iat  constables  now  or  may  hereaHer  have  under 
the  j;eneral  laws  of  the  state,  and  shall  be,  (\v  ajficio^  col- 
lector of  said  Ailb<;e. 

Articlk  IV. 

Tt«««r«i»:uofi«  ^  I.  On  the  first  Monday  in  May  next,  on  election 
shall  be  held  in  said  village  for  the  president  and  four  mem- 
bers of  the  coimcil,  and  forever  thereafter  on  the  first  Mon- 
day of  May,  in  each  year,  there  shall  be  an  election  held  for 
said  «  iFnrcrs.   At  each  of  said  elections  there  shall  be  elect- 

▼m»ttc.tr»  ^^j  ^  village  clirk,  who  shall  be  cltik  of  the  council;  also 
at  each  of  saitl  elections  tluTe  shall  be  th-cted  a  treasurer, 
who  shall  ht'y  ex oj/ir in,  assessor.  Said  clerk  and  said  treasur- 
er shall  hold  their  respective  offices  one  year  and  until  their 
successors  are  elected  and  qualified. 

Fir.'.  *•  •>    oo  J    J,      The  first  election  shall  be  held  at  the  court  li0U.«5e 

in  said  village,  and  the  judges  (»f  said  election  shall  be 
Lewis  Klls worth,  Miehael  Hiiies  and  Willard  Scott,  or 
any  two  of  tiiem;  said  election  in  this  section  mentioned,  to 
coininenc*'  at  one  o'clock  in  the  afternoon  and  to  close  at 
six  o'clock  P.  M.  of  the  same  day.  Said  judges  shall  keep 
a  minute  of  their  proceedings,  and  shall  (h  lare  in  writing, 
under  Iheir  hands,  win  are  elected  to  the  olFic*'  of  presi- 
dent, trustees,  ch-rk,  trea'jurer  and  constable,  and  shall  de- 
liver the  same  to  the  clerk  elected;  which  writing  shall  be 
recorded  by  him  in  a  book  j)rovided  for  by  section  Re\en 
cf  article,  second  of  this  act,  and  the  record  thereof  shall  be 
evidence  of  the  election  of  said  officers;  said  judges  shall 
also  make  return  as  rerjuired  by  section  third  of  article 
third  of  tiiit  act. 

%mittr^t.tit*  fcf       }  "J.      All  persons  who  are  entitled  to  vote  for  Ftate  offi- 

"**"■  cert  and  who  shall  have  been  actual  residents  of  said  vil- 

lage one  year  next  preceding  the  election,  shall  be  entitled 
to  vole  for  said  officers.      All  '510011011"}  shall  be   by  ballot. 


293  U67. 

Article  V. 

§  1.     The  president  shall  presiile  at  all  meetings  of  the  Preiident, 
town  couacil,  and  shall  have  a  castinj^  vote,  and  no  oth'T; 
and  in  oaso  oHiis  nonattendance  at  any  niet'ling  the  coun- 
cil shall  a|)j)oint  one  ol  th»Mr  number  a  j)resident  y/^'c*  Itin.., 
who  pliall  preside  at  that  in»'eting. 

^   -.     The  president,  or  any  two  memhers  of  the  council,  ^^^^^^]     ™*'''' 
may  call  special  meetings  of  the  (own  council. 

§  'i.     The  president  shall  be,  ex  oj/iciu,  a  member  of  the  superTit^r. 
board  of  ktij)ervisors  of  Da  Page  CDunt),  and    shall   have 
the  same  ri<j;hts,  privileges  and  powers  a?   any  other  mem- 
ber of  said  board  and  receive  th^  s;ime   compensation  for 
the  same  services. 

Articlk  vr. 

§  1.  The  vilUf/e.  council  shall  have  power  and  authori- '';"'f''f  '^  '«'' 
ty  to  levy  and  collect  taxe^  upon  all  property,  real  and  j)er- 
sonal,  within  the  limits  of  the  village,  not  exceeding  one- 
half  of  one  per  cent,  perannum  upon  the  assessed  value  there- 
of, and  may  enforce  the  j)ayment  of  the  same  in  any  man- 
ner, to  hii".  pre.'cibed  f»y  ordinance,  not  rejiugnant  to  the 
constitution  of  the  United  States  or  of  this  state. 

§  2.     The  village  council   shall  have  power   to  appoint  ''^n^^'„'*' *'''^*"*^ 
a  street  commissioner  and  a  pound   master,  and   all  such 
other  olficers  as  they   may   deem   necessary,  and    to   pre- 
scribe their  duties  and  fix  their  compensation. 

Seco}!^— To  approi)riate   money  and  to  provide  for  the  '^r/j-T""'  ""'" 
payment  of  the  expenses  of  the  village. 

Third — To  provide  for  taking  tht-   enumeration  of  the  t^'nuu'. 
inhabitants  of  the  village- 

Fourtli — To  restrain,  regulate  aid  prohibit  the  running  Anim»i«. 
at  large  of  cattle,  hogs,   sheep  and  other  animals,   and  to 
authorize  the  distraining,  impounding  and  siile  of  the  same, 
and  to  prohi  )it  any  ind';cent  exhibition   of  horses  or  other 
animals. 

Fifth —To  prevent  and  regulate  the  running  at  large  ofiM«. 
dogs,  and  authorize  the  destruction  of  the  same  when  at 
large  contrary  to  any  ordinance. 

Sixth — To  regulate  and  proliibit  any  indecent  exposure  inic^ercr. 
of  person. 

Seventh — To  prevent  horse  racinc^  or  immoderate  riding  R"i"K4'"'i;««i- 
or  driving,  within  the  limits  of  s;iid  villagp  of  luirses  or  other 
animals;  to  define  what  is  immoderate  riding  or  driving  of 
horses  or  other  animal";  to  compel  persons  to  fasten  their 
horses  or  other  atiimals  while  standing  or  remaining  in  any 
alley,  street,  or  public  road  in  said  village. 

Bis;hth — To  prevent  injury  to  the  sidewalks,  streets,  injury  fo  putiia 
alleys,  public  roads,  shade  or  ornamental  trees,  standing  ""^  '*^^'''' 


1657.  204 

or  growing  in  tlie  streets  of  tlie  village,  and  to  anv  and 
all  property  belongini;  to  tlie  villat»e. 

r.     .  A'iii/h — I'o  establis.'.  jwul  maintain  a  public  pound. 

tiiM>i«.  J'cuih  —  lo    rtslruin   and    prohibit    all    description    of 

gambling  and  liaudulent  abuses,  and  to  suppress  and  pro* 
liibit  billiards  and  all  other  gaming  tables,  bail  alleyii,  and 
nil  other  gaming  establishnients. 

''  llU'Vi'ulh — To  suppress  and  prohibit  disorderly  houses 

or  groeeries  nnd  houses  ot'  ill  Jauic. 

ii.  -  .  J\i  tlj'ih — To  license,  rtgulate,  suppress  and  prohibit  all 

exhibitions  of ''ommon  showmen,  shows  of  every  kind,  ca- 
ravans, circuses,  exhibitions  and  amusements. 

^-  '»  Thiilientk — To  suppress  and   piuliibit  any  riot,  affray, 

disturbance  or  disorderly  asseniblii  s,  assaults  and  batte- 
lies,  or  shooting  or  firing  ol  guns  or  pistols  will. in  the  limits 
of  said  village. 

>umuc««.  Fourtctulh — To    abate   and  remove  nuisances    and    to 

punish  the  authors  thereof,  and  to  define  and  declare  what 
shall  be  deemed  nuisances  and  othirwise,  and  direct  the 
summary  abatement  thereof. 

Cor..-.".    ^..-       Fijlieiith — To  make  regulations   to  jirevcnt   the  intro- 
duction of  contagious  oi.Hases  into  the  village  and  execute 
the  same,  not  exceeding  two  miles  from  tin:  limits  thereof. 
.  ..1  .  Si.iUtJitli — To  regulate  the  svoragc  of  gunpowder  and 

other  combustible  materials. 

T.tfi.  St  ft  utceiilli — To  provide  the  town  with   water  for  the 

extinguishment  of  lires. 

/       'till  iitU-'lo  pro\iiie  for  the  prevention  of  fires  and 

■  ,        '.iiii/f,  establish,  equip  and  maintain  fire  eoni|)anies. 

///( — To   provide  for  adorning,  improving  and 

regiii.iai.g  all  public  roadi),  streets  and  public  grounds  or 

otiier  lands  belonging  to  the  village. 

r  «.        'J'irmlitth — To  pro>  \nv.  for  er«' cling  or  renting  all  need- 

ful buildings  lor  the  use  of  th»:  village. 

■•■lut.  Tiventi/  first — To  make  all  necessary  regulations  to  se- 

cure the  geiteral  health  of  the  inhabitants   thereof. 
••  TuiHlti-ni'r„i\d — To  maintain  and  keep  in  repair  side- 

V.  ■«  walks. 

'—To  suppress  azid  proliibit  the  selling,  bar- 
teiiog,  exi  .',  an<l  trdtfie  of  \  inou  :,  tfpiriUious,  mixed 

or  other  in:  ..  .i.;i^{  lifjuojj*  within  the  limits  of  tiie  village  : 
PruvuJtdySiny  druggist  in.'.yRell  the  same  in  good  faith  for 
utirel}  mecliunical,  medicii  al  or  sacramentai  purposes),  and 
for  no  otl'»T. 

rllt  To  ni.ike  all  ordinances  which  shall  be 
.  proper  f>r  carrying  into  execution  the  pow- 
er '  d  in  thiif  act  ut  which  ihey  may  deem  necessary 
or  •  \|  •oil  tit  for  the  belt>  r  regulation  of  the  iitternal  police 
of  laid  village  and  to  exicute  the  fame  ;  and  to  Hm«?nd,  re- 
voke or  re-enact  any  oruinancc  or  by-law  by  (htm  passed; 


2'J5  1857. 

antl  impose  fines,  ppiuilties  and  forfeitures  for  the  breach 
of  any  ordiiiauoe,  by-law  or  of  any  |)ro\i.-ioM  of  tliis  act; 
and  to  provid<*  for  tbe  recovery  and  ap|)ropriati<  n  of  sucli 
fines  and  for  ft  i  tines  and  enforcement  of  such  penalties  : 
PruvidtU^  that  in  no  case,  except  for  injury  to  or  d^struc-  Pr^v.w. 
tion  of  any  shade  or  ornamental  tree,  assault,  assaults  and 
batteries,  tiot-?  and  affrays,  shall  any  fine  exceed  the  sum 
of  tw4^ly-five  dollars  for  one  otlence. 

Tu'tnlif-fiflk — To  provide  f»r  the  publishing  in  book  or  publishing  orJi- 
pamphlet  form,  from  lime-to  time,  the  ordinances  and  by- 
laws passed  by  the  village  council. 

§  •').     The  style  of  the  ordinances  of  the  village  shall  be,  sty^c^f  .riina..- 
"/yt-  it  ordalnfci  by  the  president  and  trustees  of  the  village 
(J'  A'apern'lle." 

§  4.     All  ordinances  and   by-laws    shall,  before   taking  PuWicatkn. 
effect,  be  published  in  a  newspaper  printed  in  said  village 
or  by  posting  up  written  or  printed  copies  of  the  same  in 
at  least  three  of  the  most  public  places  in  said  village,  at 
least  ten  days  before  they  shall  take  effect. 

§  ■").      All  ordinances  and  by-laws  of  the  village  may  be  rr.of. 
proven  as  provided  for  by  section  seven,  article  second  of 
this  act;  and  wheri  printed  or  published   in  book  or  pam- 
]'hlet  form,  and   jmrporting  to  be  printed  or  published  by 
th'i  authority  of  the  village  council,  shall  be  received  in  all 
courts  and  places  without  further  proof. 

Article  VII. 

§  1.     The  village  council  shall  have  power,  on  the  ap-  Power  to  open  or 

!•       »•  i-   J.         c         III  r         •  1       •!!  •  •*.-_*_      altcrstrects  anil 

plication  ot  ten  freeholders  of  said  village,  in    writing,  to    aiuya. 

open,  alter,  vacate,  widen,  extend,  establish,  grade,  pave, 

plank  or  otherwise   improve  any  streets,  avenues,  lanes, 

alleys  and  public  grounds  ;  to  build  and  keep  in  repair  all 

bridges  within  the  limits  of  said  village.  ' 

§  -.  Wiienever  it  shall  be  necessary  to  take  private  Piivr.ieprorcnj. 
j>ropertyfor  opening  or  altering  any  public  street  or  alley, 
the  corporation  shall  make  a  just  compensati(.<n  to  the 
owner  of  sueh  property,  and  pay  or  tender  t''e  same  l)e(t)re 
opening  such  street  or  alley  ;  and  in  case  the  amount  of 
such  coinpenFation  cannot  be  agreed  upon,  the  ])olice 
magistrate  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  freeholders  of  the  village. 

§  '■).  All  persins  empanelled  to  inquire  into  ths  amount  '.'('^^ij^,  *"•" 
of  damage  which  shall  happen  to  the  owners  of  the  pro- 
perty proposed  to  be  taken  for  opei.i;;g  or  altering  any 
street  or  alley,  shall  first  be  sworn  to  that  effect  and  shall 
retJirn  their  in  ]uest  in  writing  to  said  police  magistrate, 
signed  by  each  juror. 

5  4.     Th"  n)lioe  misii^trate  shall  have  i)o\\er,  f.»r  good  A'^sr.i  ni.iy  i« 

use  sliown,  witiiin  ten  days  alter  any  inquest  stiall  have 


ca 


1857. 


206 


bcin   rt  liirnetl  to  liim  as  uloiosaiil,  to  set  aside  the  same 
aiitl  cause  »  iit'W  i.  ijiU'St  to  he  inaiie. 

§  5.  Tliat  upon  tlif  »|'|»lic'atiuii  in  writing  ol  tlie  oAvneiS 
jlonf-ltaliol"  llif  ital  is'iiie  npon  any  sheet  oi  in  any  block 
or  blocks  or  ball'  blocks,  it  sball  It-  lawlul  lor  the  boanl  of 
trustees  to  pass  an  onlinnnce  r«  quiring  the  owners  of  lots 
bounding  upon  sucb  street  or  situate  in  such  block,  blocks 
or  balf  blocks  to  construct  a  sidewalk  in  fiont  of  thr»  ir  re- 
S|>ective  lots,  in  sucli  manner  and  of  such  niatirials  and 
witbin  sucb  time  as  sball  be  specified  in  suib  ordinance, 
and  the  said  board  sball  provide  in  suib  ordinance  for  the 
payment  to  tbe  own«  r  of  sucb  real  estate,  upon  comple- 
tion of  suc)i  sidewalk,  of  any  sum  n(»t  exceeding  one  fourth 
of  tbe  costs  tbiieof,  t)  be  ('sliniatt'd  and  spec  fu-d  in  such 
ordiut-nce  :  *'ht(i  pruruhdyftdflu  r,  tbat  the  owners  of  real 
estate  siiall,  in  all  cases,  be  re(juir»  d  to  bear  at  least  ibree- 
fouitbs  of  tbe  expense  fif  constiucting  sidewalks  in  front 

en-  of  tbeir  premises  :  %]itd proi'iihilsjnrllnr^  tbat  it  an>  ptrson 
sbhl!  fail  to  construct  a  sidi  walk  in  fiont  of  bis  or  ber  premi- 
ses, in  ibt'  manner  ami  within  the  lime  specified  in  sucb  ordi- 
nance, tbe  trustees  shall  order  the  police  constable  of  said 
cor|)oration  to  collect  from  said  delinquent  a  sum  money  of 
equal  to  the  wl  ole  cost  of  such  sid»^walk,  to  be  estimated 
and  specififd  in  such  nriiinance,  and  that  whenever  the 
owners  of  any  lot  or  piece  of  ground   within   the  limits   of 

:  „,  5.iid  corporation  shall  nrglect  or  refrain  to  pay  the  tax  or 
tuxes  levied  on  the  same,  either  for  sidewalks  or  general 
purposes,  whnn  they  may  become  due,  it  shall  be  the  duty 
of  tbe  president  to  ad\  ertise  the  sfime  for  nonpayment, 
» itber  in  a  mw^jjapcr  printed  in  said  town  or  by  posting 
up  in  thref  of  th»:  most  public  pl.ices  in  said  town,  f(|r  the 
spac«'  of  sixty  dajs,  luul  on  turlher  failure  of  pa)ment 
thereof  and  costs,  tu  sell,  at  tbe  expiration  of  said  sixty 
days,  at  public  sale,  ^aid  lot  or  parcel  of  ground,  to  pay 
said  taxes,  cost*  and  exprjisrs  of  ccdlection;  and  when 
an)  rnal  »slate  in  said  town  shall  be  $i\\i\  for  nonpayment 
of  taxes  by  authority  of  said  coi  pftration,  sa»d  lands  may 
bi-  redeemed  by  virtue  jil'llu'  laws  of  this  stair,  upon  pay- 
ing tbe  Ireadurer  of  tbe  said  corpoiation,  for  the  use  of  the 
purchaser,  double  the  amour. t  for  which  sai<l  real  estate 
was  5(dd.  Lands  not  retlemn  il  under  sucb  shIc  sIihII  be 
conv«'\ed  by  special  warrantee,  uinb-r  tbe  seal  of  tbe  cor- 
p»)ration;  Rurb  deed  to  be  signed  by  the  president  and 
ebrk  of  the  corporatiorf. 


A  HTM 


Mil. 


§  1.  The  InbabitHntH  of  the  \il'age  of  Napervillft  are 
hereby  evimpt  from  woil^ing  on  any  road  beyond  the 
limits  of  the  villagf,  and  Irom  pa>i'ig  any  tax  to  procure 


297  1857. 

laborers  to  work  on  tlie  same;  nor  sliall  any  j)ro]^erty 
within  tlie  villa<^e  be  taxed  tor  the  erection  or  keeping  in 
re|>tiir  any  bridge  or  supporting  or  repairing  any  road  with- 
out the  liinit«i  ol"  the  village;  nor  shall  any  pidperty  with- 
out the  village  be  taxed  to  build  or  keep  in  repair  any 
bridge  or  to  work  or  maintain  any  roads  or  streets  within 
the  village. 

§  2.  The  village  council  shall  have  power,  and  it  is  "■'aa  labor. 
hereby  made  their  duty,  when  it  may  be  n«  cessary  for  the 
purpose  of  keeping  in  rej)air  the  streets,  allej  s  and  [>ublic 
roiuls  of  .said  village,  to  require  every  able  bodied  male 
inhabitant  of  said  village,  over  the  age  of  twenty-one  years 
and  under  the  age  of  fifty  years,  to  labor  on  the  same  not 
exceediig  three  days  in  each  and  every  year  :  Providi  d^  vioriko. 
every  i)erson  liable  to  labor  as  aforesaid  may  elect  to 
commute  !or  the  same  or  some  part  thereof,  at  the  rate  of 
seventy-five  cents  j)er  day,  in  which  case  such  commuta- 
tion money  shall  be  paid  to  the  treasurer  within  five  days 
from  till-  time  such  pejson  is  notified  by  the  street  com- 
missioner to  ])erform  such  labor;  which  commutatinn  money 
shall  be  cxj)ended  by  said  council  tor  the  benefit  of  said 
village ;  any  person  failing  to  perform  such  labor  or  pay- 
ing such  commutation  money  as  above  provided,  within 
five  days  after  having  been  duly  notified  by  the  street 
(.ommi^sioner  to  perform  such  labor,  shall  foifeit  and  p^y 
the  sum  of  one  dollar  to  said  village  for  each  anU  every 
day  so  neglected  or  refused. 

§  o.     The  village   council  shall  cause  to  be  published,  '*JJ|^,\'i''     "•*•• 
annually,  a  full  and  complete  statement  of  all  moneys  re- 
ceived and  expended,  and  on  what  account  received  and 
expended. 

§  4.     The  village  council  shall,  by  ordinance,  provide  AsioiHueni. 
the  manner  ?i,d  time  of  the   assessment  of  real  and   per- 
sonal property  within  the  villnge,  for  the  purj)0se  of  taxa- 
tion. 

§  o.  The  treasurer  and  collector  shall  severally  exe-  conds of omeer*. 
cute  bonds,  with  good  and  sulncient  security,  in  the  pen- 
alty at  lt^ast  of  one  thousand  dollars,  payable  to  the  cor- 
poration, by  its  corporate  name,  to  be  approved  by  tiie 
village  council,  conditioned  for  the  faiihful  discharge  of 
tlie  duties  of  their  respective  offices  ;  which  bond,  with 
the  approval  of  ^id  council  indorsed  thereon,  shall  be 
filed  in  the  office  of  the  cleik  of  said  village  before  said 
officers  en^er  upon  the  duties  of  their  respective  offices; 
and  if  said  treasurer  or  said  collector  fail  to  comply  with 
the  requirements  of  this  section  for  ten  diiy^:  after  having 
been  notified  by  said  council  to  execute  sucii  bond,  their 
offices  shall  be  deemed  ^  acant,  and  said  council  shall  fill 
the  vacancy  by  ap])ointment. 


1^57.  208 

'  §  l».  Any  fiiio,  penalty  or  fortViture  Incurred  under  tliis 
act,  or  any  hy-luw  or  ordinance  made  in  })urj:nanco  of  tliis 
act,  or  of  any  act  that  may  oe  passed  amendatory  of  this 
act,  may  he.  recovered,  together  with  cost>5,  before  the 
police  maLjistrato  or  any  justice  of  the  peace  residing 
witlun  the  limits  ol  the  village,  or  before  any  justice  of  the 
peace  of  the  town  oi  Naper\ille,  in  the  said  Du  Page 
county,  iu  the  corporate  name  ;  and  the  several  fines,  for- 
feituns  or  penalties,  for  breaches  of  the  same  ordinances 
or  byldw.«,  not   exceeding  one   hundred  dollars,  may  be 

pr*.<?t«.  recovered   in   one   suit;  and  the   first  process   shall   be  a 

summons,  unless  oath  be  made  by  some  credible  [)erson 
that  he  or  she  believes  that  whatever  judgment  maybe 
rendered  against  the  defendant  or  defendants  will  be  lost 
unless  the  defendant  or  delendanls  be  arrested  foithwith, 
in  which  case  a  warrant  j;hall  issue  ;  but  in  all  cases  of 
assault,  assaults  and  battery,  nfFays  or  riots,  a  warrant 
shall  issue  in  the  same  manner  as  for  like  otrencfs  against 
the  laws  of  the  state.     It  shall  be  lawful  to  declare  gen- 

Debi  crally  in  debt  for  such   fines,  penalties   and    forfeitures, 

statii'g  the  clause  of  the  act,  or  ordinance  or  by-law  under 
whicli  the  same  are  claimed,  and  to  give  the  special  mat- 
ter in  evidence  under  the  declaration,  and  the  justice  shall 
pro'^eed  to  hear  and  determine  the  cause  as  in  other  cases. 
^  Upon  the  rendition  of  judgment  for  any  such  fines,  penal- 
ties or  forfeitures  the  police  magistrate  or  justice  before 
whom  the  same  shall  have  beeii  rendered  shall  issue  his 
execution,  which  may  be  levied  upon  any  of  the  j)ersonal 
properly  of  the  defendant  or  defendcnts  not  t  x(  mpt  from 
execution.  If  the  constable  shall  return  iipon  such  exe- 
cution no  property   found,  then   the  justice  shall  issue  a 

(\ipu.  capitis  against   the  body  of  the- defendant  or  defendants, 

and  ihe  cotistaljle  sliall  arrest  such  person  or  persons  and 
commit  him,  her  or  them  to  tin;  jhII  of  the  county,  there  to 
remain  in  close  custody  forly-eiglit  hours ;  and  it  the  judg- 
ment and  costs  exceed  five  dollars,  then  to  remain  in  close 
custody  in  said  J4il  twenty-toiir  hours  for  every  two  dol- 
lars over  and  above  said  five  dollars,  and  so  in  proportion 

'■■'»•••  to   th'!   amount  of  said  judgment   and   costs  :    Prorated^ 

lunriiur^  if  the  village  council  or  their  attorney  shall  re- 
quire a  transcript  of  the  judgment  and  costs  to  l)e  certified 
to  the  clerk  of  the  circuit  court  of  Ilu  Page  county,  to 
liave  ihe  same  hvie.d  upon  real  property,  arid  signify  the 
«am«'  to  him,  in  writing,  he  shall  not  issue  ji  vapidH  as 
nfor«3»id,  but  shall,  Without  delay,  certify  a  transcript 
lhere<>f  and  of  all  thf  procefMlings,  according  to  law,  to 
sntli  clerk;  which  shall  be  filed  and  recordi-d  as  in  other 
canefl;  and  jjucIi  judgtnent  shall  have  the  same  force  and 
efr»;ct  ai  j  idginents    rendered  in  said  circuit  court  :    J*rti- 

ktyi%\.  vidcJf  an  appeal  may  b';  granted   within  six  days  after  the 


}  i'.'.-a-:: 

fH-    Ul.vU 


299  1857. 

rendition  of  judgmrnt,  with  the  same  force,  effect,  rlglits 
and  privili  gfcs  and  manner  as  in  otli<  r  cases. 

§   T.      Tlie  village  council  shall  not  It  rec}nirfd,in  snits  sc:nrityforcpHi 
instituted  under  this  act  or  ordinances  or  h)-laws  jsassed 
by  virtue  thereof,  to  file,  before  or  after  the  commencement 
of  any  such  suit,  sccuiitj  for  costs. 

§  8.     All  burial  grounds,  church   pr'^'})ertj  ard  school  Ejtcmption  from 
property  within  the  village,  and  all  th^  pro}.eil\  belonging 
to  the  corporation,  shall  be  exempt  from  taxation  for  vil- 
lage purpose?. 

§  9.     Whenever  the  police  magistrate  or  police  consta-  vacancy. 
ble  shall  remove  from  the  village,  resign  or  die,  or  his  of- 
fice shall  be  otherwise  vacated,  the  vilhige  council  shall 
immediately  provide  for  filling  such  vacancy  by  election. 

§   1<>.     The   defendant  or  defendants  in   any  suit  insti-  ciiansoofT*i.ii«. 
tuted  by  virtue  of  this  act  may  take  a  change  of  venue  as 
in  other  cases. 

n'    11.     All  officers  within  the  village  of  Napcrville  who  Breaches  ct  the 

r     y  I      1 1    I  1  peace. 

are  conservators  of  the  peace  shall  have  the  power  to  ar- 
rest or  cause  to  be  arrested,  with  or  without  process,  all 
persons  who  shall  break  or  threaten  to  break  the  }»eace, 
commit  for  examination,  and,  if  necessary,  detain  such  per- 
sons in  custody  over  night  in  the  jail  of  Du  Page  county 
or  other  safe  jdace,  and  shall  have  and  exercise  such  other 
powers  as  conservators  of  the  peace  us  the  village  council 
may  jirescribe  ;  and  the  village  of  Na})ervillc  shall  not  be 
liable  in  any  case  for  the  board  or  jail  fees  of  any  person 
who  may  be  committed  by  any  officer  of  said  village,  or  by 
any  magistrate,  to  the  jail  of  Du  Page  county,  for  any  of- 
fence punishable  under  the  general  laws  of  this  state. 

§  1-2.     All  elections  after  the  first  election  shall  be  held  ='«^*'<>"- 
at  such  an  hour  and  place,  and   conducted   and  returns 
thereof  made  as  said  village  council  shall  by  ordinance 
prescribe. 

§    13.     The  village  council  shall  by  ordinance  define  the  Treasurer. 
duti^'S  of  the  treasurer  and  fix  his  compensation. 

§  14.  This  act  is  hereby  declared  a  j)ublic  act,  and 
may  be  read  in  evidence  in  all  courts  of  law  or  equity 
within  this  state  without  proof.  For  the  purpose  of  giving 
full  effect  to  the  powers  hereby  granted  this  act  shall  be 
construed  liberally.  This  act  shall  t^ke  etft  ct  on  the  first 
Monday  of  May,  eighteen  hundred  and  fifty-four. 

§  }).  The  police  magistrates  and  constables  j)rovided  JurisJktion. 
for  in  this  act  shall  have  the  same  jurisdiction,  powers  and 
emoluments,  be  qualified  in  the  same  manner,  perform  the 
same  duties,  in  all  respects,  and  be  subject  to  llie  same 
liabilities  as  are  proviiled  in  an  ;ict  entitled  "An  aet  for  the 
better  government  of  towns  and  cities,  and  to  amend  the 
charters  thereof." 

Approved  Feb.  7,  1857. 


1S57.  BOO 

r*  T,  i»T.  AN"  ACT  to  Incorporate  the  Southern  Coal  Company. 

Skction.   1.      lie  it  enacted  hy  the  people  of  the  state  oj 
llltn  IS,  rejn-tsi'iitti/  in  the  (inmaf  »Jssimf>/i/,  Tliat  Jonas 

»«iT  p..:.iR  tnj  H.  U*iorer,  Tlioiiins  D.   Carmul,  John  llniine  and   assor. 

•^p»r*:*.  ciate;;,  successors  and  assigrus,  be  and  they  are  hereby 
created  a  body  politic  and  corporate,  under  the  name  and 
st\leoflhe  "Southern  Coal  Company;"  and  under  and 
by  that  name  they  and  their  successors  shall  lia\p  sticces- 
sion,  contract  and  be  contracted  with,  sue  and  be  sued 
in  all  courts  iind  j>laces  ;  they  shall  have  j)()wer  to  orgiuii/e 
such  company,  by  the  aj>|iiih!ment  of  «i  jiresident  and  such 
other  otficers  as  they  may  deem  necessary,  at  such  time 
and  place  as  they  may  dcsiijnate  by  notice  previously 
[jjiven]  by  them.     And  when  orqnnized  they  and  their  sue- 

•oasoL  »*ai.  cessors  may  have  a  common  Feal  and  alter  the  same,  and 
sttall  have  power  to  make  such  hy.laws,  ru|ps  and  regula- 
tions as  th»y  may  deem  necessary,  from  time  to  time,  for 
the  povernment  and  the  management  and  prosecution  of 
the  business  of  said  company,  not  inconsistent  with  the 
constitution  an  1  laws  of  this  state  and  the  United   States. 

AiMU.  §  -.     Tiie  said  company  may  appoint  and   employ  such 

agents  as  may  be  required  l)y  them,  and  define  the  powers 
and  prescribe  the  duties  of  such  agents. 

Kt*;  .i »  >  ^  ;!.     The  said  company  may  receive,  buy  and  hold  such 

real  estate,  mining  rights  and  rights  of  way,  as  may  be 
deemed  nefes<'ary  by  them  to  the  successful  prosecution 
of  tlu'ir  bus'ine.^s  and  the  exi'cution  of  the  powers  herein 
grantee!;   and   shall  have   ].ower  to  I -ly  out  and   construct 

ir*r««AJ  rw«4».  sucli  wagon-ways,  rai!roail"s  and  apj>urtenanc«.9  thereto,  on 
and  from  tli'  lands  of  said  company,  to  such  points  on  the 
Ohio  river  as  the)  may  deem  expedient  and  j)roper  ;  and 
to  engage    generally  in   the    business  of  welling  for  salt 

M.aiaf  water,  and   f.tr  the   mining  fur  coal,  iron,  clays  and   oilier 

mineraU,  and  for  the  mannfac^fure,  sale  and  transportation 
of  the  products  of  their  wells-,  mines  and  such  otiier  com- 
iffKlities  a<  the  company  tnay  think  promotive  of  its  well- 
fare,  *ith  all  powers  necessary  ;unl  adequate  to  carry  into 
effect  the  SM«'C#-M<j(ul  prosecution  f)f  their  business  and  the 
expcutioii  fif  the  pfiwers  herein  granted. 

»«c».ioP-iT.  §4.    When  I  lie  lands  or  <'<Jtate  ot  any /("/;</;/^  r^A/rr/,  infant 

or  person  non  eumpon  in^utin  shall  be  reqtiired  by  said 
company  lor  the  u«e  of  s.iid  company,  the  guiirditui  of  such 
infant,  or  person  mni  cnuijuts  mcutin^  or  husband  of  such 
Jimnxr  riivrrt,  may  releiisr  hII  damiigcs  for  and  in  said  lands 
or  real  estate, a^fnll}  as  mighf  he  done  by  the  party  when  free 
from  such  diiaSilily  ;  and  the  right  of  way  and  ocenpaney 
may  be  acquired  anrl  damages  B<ljnst<-d  under  the  provi- 
ni'UH  «»f  the  law  now  in  force  in  relation  to  the  right  ot 
way  ;  and  when  snch  damages  are  asiicsfled  an<l  paid  or 


:  301  1857. 

tendered,  aacovdiri^  to  tlie  provisions  of  said  laws,  the 
Idtids  so  actjuired  shall  vest  in  said  coiuiauy,  lur  t!ie  use 
and  purposes'  thereo)',  and  when  suph  rig*it  ot  way  shall 
have  betjn  awaided  under  said  law,  a  copy  of  the  rej)i»rt 
aiiall  be  filed  and  reenrded  in  the  coui.ly  where  sucli  lands 
are  situated,  and  a  dulycertihed  copy  of  such  record  shall 
be  taken  and  received  as  evidence  in  ail  trials  relating  to 
tlie  Piiine :  PruviJec/y  iUat  rothinj^  herein  contained  sliall 
authorize  the  said  corporation  to  have  or  ludd  any  lands 
ox  minin<T  rights  to  lands,  outside  of  the  county  ot  Gdllalin, 
or  to  construct  any  rail  or  other  road  of  greater  length 
than  ten  miles. 

^  .3.  Tnis  act  shall  take  elTeet  and  be  in  force  from  and 
after  its  passage,  and  shall  be  taken  and  deemed  a  public 
act. 

Approved  Feb.  7,  1857. 


AN  ACT  to  amend  the  charier  of    llie  Lake  and  McHyi.ry  Planlc  Road  F»b.  7,  i887. 

Company. 

Section  1.     Jie  it  enacted  by  the  people  of  the  stale  of 
Illinois,  represented  in  the  General  Assembly,  Tiiat  all  the 
powers  possessed  by  any  j)lank  road  company  in  this  state  AiMiUon»i  pow- 
are  hereby  conferred  U[)on  tlie  Lake  and  McHeiiry  Plank    '^'" 
Road  Company,  so  far  as  the  same  are  applicable  to  said 
company. 

§  -1.     That  said  company,  by  their  president  and  clerk,  Laudi. 
are  hereby  authorized  to  sell  and  convey  all  lands  belong- 
ing to  said  cjmpanj. 

§  -J.     That  no  power  hereby  conferred  shall  authorize 
said  company  to  exercise  banking  powers. 

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

Approved  Feb.  7,  1857. 


A\  ACT  to  incorporate  the  Bellovilic  Gymnastic  Society,  (Turnvoroin.)      '■•>.B,iSi: 

Section  1.  Be  it  etiacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  (itnTal^Isscvihty,  That  Gusta- 
vus  W.ber,  Valentine  Pithahn,  Joseph  Kohl,  Lewis  Wag-  Body poiiik. 
ner,  Henry  Brandner,  Eugene  Maid,  Edward  Tittman, 
John  Klngg,  and  their  assoeiates,  who  now  are  or  may 
become   members  of  t!ie  Bplleville    Gymnastic  Society, 


1857.  302 

(Turnveroin,)be  and  hereby  are  incorporated  and  made  a 
boily  politic,  with  perpetual  succession,  under  the  name 
and  style  of  the  "Belleville  (Jymnastic  Society,"  lor  the 
promotion  of  health,  nuMital  and  moral  improv«'inent,  and 
mutual  assistance  in  casLS  nf  distress  or  disease,  with 
power,  hy  their  corporate  name,  to  sue  and  be  siied,  plead 
and  he  impleaded,  to  contract  and  he  contracted  with;  to 
acquire,  hold  and  convey  property,  real  and  personal,  and 
to  have,  use  and  alter  at  j'lcasurc  a  common  seal. 
fo.,'-  ■  r.^-i"  §  2.  The  said  corporation  shall  have  power  to  make, 
t,      .  establish  and  amend  a  constitution  and  such  by-laws,  not 

inconsistent  with  the  constitution  of  the  United  States  and 
this  state,  as  they  may  deem  necessary  i'ov  the  government 
of  said  society,  its  officers  and  agents. 
c*piUi«ock.  §   o.     T!ie    capital   stock  of  said   society  shall   not  ex- 

ceed ten  thousand  dollars,  to   be   divided  into  shares   of 
two  dollars  and  fifty  cents  eacli,  to  be  subscribed  for   and 

fiaid  in  such  proj)ortions  as  shall  be  prescribed  by  the  by- 
aws  and  rules  for  regulating  said  society. 
J.  §  4.  The  persons,  or  a  majority  of  them,  named  i"  the 
first  section  of  this  act,  are  hereby  constituted  a  board  of 
raanag'  rs  for  t!ie  affairs  of  said  society,  until  the  first 
general  meeting  to  be  held  under  the  present  constitution, 
when  a  constitution  and  by-laws  shall  be  adopted  under 
this  eharter,  and  until  a  bor.rd  of  officers  shall  have  been 
elected  under  the  constitution  and  by-laws  adopted  under 
tills  charter. 

•').  In  addition  to  tiie  power  to  create  capital  stock 
rt--  afortsaid,  the  corporation  shall  have  power  to  fix  and 
levy  upon  their  members,  in  tlie  manner  provided  for  in 
their  constitution  and  by-laws,  such  contributions,  from 
time  to  time,  as  may  he  necessary  to  carry  out  the  pur- 
poses of  said  society,  and  to  collect  the  same  by  process 
of  law,  and  to  impose  and  legally  to  collect  fines  for  any 
violation  of  duty  by  any  of  the  officers  and  members  of 
said  society,  wh.ich  they  have  to  perform  under  the  con- 
Rlitulijii  an<l  by-laws  of  said  society. 

§   G.     Ti»i.'  law  to  he.  in  force  from  and  after  its  passage. 
ApPBJ\i:L»    Fuh.    5,  18'>7. 


k>*r\|   of 


ff-  f  ivi.  ^^  ACT  to  iiicorj)9rat«  tlj«  Har'ow  Ferry  Company. 

SecTioj*  1.      /ir  U  enacted  by  the  peojile  of  the  state  o, 
Jllin'tif^  rrprrsintr't  in  thr   (iencral  JlsmrnhJ}!^  That  Syl- 
■•«yr>nu<  «>.i  vanus  Ilarlow,  Wilii.im   Kenny  and   (ieorge  L.  Ditch,  and 
•*»*'•*••         their  ainociateSi  succcssori  and  assigns,  are  hereby  crea- 


303  1857. 

ted  a  body  corporate  and  politic,  by  the  n^ma  and  style  of 
the  "Harlow  Ferry  Company;"  and  by  tliat  name  shall 
have  perpetual  succession;  and  may  sue  and  be  sued, 
plead  and  be  impleaded,  defend  and  be  defended,  in  all 
co\irts  and  placi-s;  and  n»ay  have  and  use  a  common  seal, 
and  the  same  renew  and  alter  at  j)li'HSure. 

§  '2.  Tiie  said  company  are  hereby  authorized  to  estab-  i'*)^*'';  ^  keep  a 
lisii  and  keep  a  ferry  across  the  Mississipjji  river,  at  Har- 
low's Lmling,  in  the  county  of  Monroe,  from  said  Har- 
low's Landini^  or  any  other  j)oint,  not  more  than  two  miles 
distant,  up  or  down,  to  the  Missouri  shore,  opposite,  and 
use  boats  or  other  crafts,  propelled  by  steam  or  other 
power,  and  possess,  use  and  enjoy  all  the  rights,  privile- 
ges, franchisef  and  emoluments  necessary  for  the  safe 
transportation  of  all  passengers,  horses,  cattle  or  other 
animah,  wagons,  and  the  goods,  effect?,  property,  freight, 
Sec,  of  all  persons. 

^  '■).     The  capital  stoick   of  said  comp  ny  shall  be  ten  Capiui stock, 
thousand  dollars,  to  be  divided  into  shares  of  fifty  dollars 
each. 

§  4.     The  said  company  sliall  be  allowed  to  collect  such  na'fof  m\. 
rates  of  tolls  for  the  transportation  of  passengers  and  pro- 
perty across  said  ferry  as  tluy  may  deem  fit,  not  exc.'ed- 
ing  fifty  per  cent,  more  than  shall   be,  for  the  time  being, 
allowed  to  the  Wiggins  Ferry  Company. 

s*  5.     Tiie  exclusive  privilege  of  establishing  and  main-  Ex'-i"«i»e  priTi- 
taining  a  ferry  at  said  Harlow's  Landing,  and  for  the  distance  yea:;'. 
of  two  miles  up  and  down  said  Mississi[ij.i  river,  sfiall  vest 
in  said  comj)any  for  the  term  of  thirty  years;  and  in  con- 
sideration of  the  establishing  of  said  ferry  by  said  compa- 
ny th  y  shall  be  exempt  from  paying  any  ferry  Hcense. 

§  <i.  The  said  comj.any  are  hereby  authorized  and  em-  i'^""'*  -^"J  i^"^*- 
powered  to  acquire,  by  purchase  or  otherwise,  and  hold 
any  lands  or  interest  in  lands  in  fee  simple,  or  less  estate 
in  the  county  of  Monroe,  necessary  for  the  building  of 
of  wharves  and  landings,  not  exceeding  one  hundred  and 
sixty  acres ;  to  build  wharves  and  landings,  construct  a 
L'\ee,  and  to  do  otiier  acts  nr-cessary  for  the  enjoyment 
of  the  franchise  hereby  granted,  and  to  make  such  rules 
and  regulations  for  the  government  of  said  company,  and 
the  transfer  and  management  of  its  property,  as  to  them 
may  seem  fit,  not  inconsistent  with  the  laws  of  this  state  : 
Proviihtl^  tjiis  act  may  be  amended  whenever  the  public 
good  requires  it. 

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

Approvkd  Feb.  '.•,  1867. 


1S5T.  304 

r.t   ■>  ^<^■:         AN  ACT  to  atneiul  the  charter  of  the  Jacksomine  and  Savniina  Railroad 

Compatiy. 

Section  1.     Ih'  ii  enacted  hy  the  people  of  llie  state  of 
riinoiSy   rt presented  in  the   (itjtera/   *'l\se77i/iii/,  That  so 

iio*.!:'»-^'">-'r!  iniuli  of  the  Peoria  ami  Warsaw  Railroad  as  was  con- 
structeil  by  the  state,  lying  between  Canton  and  Farming- 
ton,  i.i  the  county  of  Ftiiton,  including  orading,  embank- 
inent.*,  culvert'^,  right  ot"  way  and  masonry,  be  and  the 
same  is  hereby  transtVrred  to  and  vested  in  the  Jackson- 
ville and  Savanna  Railroad   Company. 

Birtt  of  entry.  §  '2.  Tl.at  said  Jacksonville  and  Savanna  Railroad 
Conijiany  are  hereby  authorized  to  ejiter  tipon  and  take 
possession  of  the  line  of  road  specified  in  the  first  section 
of  t!iis  act,  and  erect  and  complete  titeir  road  thereon  ; 
and  that  upon  the  location  of  tiic  said  Jacksonville  and 
Savanna  railroad  along  and  upon  the  line  of  said  Peoria 
and  Warsaw  road  before  described,  all  or  any  public  road 
or  highway  used,  located  or  established  thereon,  shall  be 
taken  and  esteemed  as  vacateil  and  annulled. 

§  ;.).     This  act  take  in  t'orce  from  and  after  its  passage. 
Approved  Feb.  1^,1857. 


r«».  9|  ISd".         AN   ACT  tf>  clia  lire  llie  naino  of  D'?lia  Murr.n}-,  anil  Tor  other  purposcB. 

Section  1.  lie  it  enacted  by  the  people  of  the  state  of 
Illivms^  rrpresentrd in  the  General  *7ssemhtijf  That  where- 
Kmm 'h.ntci.  as  George  Kla,  of  the  county  of  Lake,  and  state  of  Illi- 
nois, has  adopted  Delia  Murray  as  his  daughter,  in  her 
early  infancy,  the  name  of  sai<l  Dtlia  Murray  be  and  is 
hereby  chang»^d  to  that,  of  Delia  M.  Ela,  hy  which  latter 
name  rhe  shall  be  hereafter  called  and  known. 
¥•  '  §   2.     The  said   Delii  M.   Ela  is   hereby  made  an  heir 

of  the  Raid  George  Ela,  as  much  so   as  though  she    had 
been  his  child. 

§  .'5.     This  act  to  take  ellect  from  and  after  its  passage. 

Appeoved  Feb.  t>,  18.07. 


r«<.  »  ia»T.  AN  ACT  to  inrorpor.-.lf  '.lie  town  of  Carml,  in  WhiU;  county. 

Section  1.      f^e  it  enacted  by  the  peojih:  <f  tier  state  of 

JlUnovH^  represented  in  tin    Ocneral  >^ssen  hly^   That  the 

^^ti!**  "*^  resident  inhabitants  of  the  town  of  Carml,  in  White  county, 


305  18r>7. 

be  and  tliey  are  lierrby  constitu'cd  a  body  politic  and  cor- 
porate, by  the  name  and  style  of  "The  President  and 
Trustees  of  the  tuwn  of  Carmi;"  and  by  that  name  shall 
be  known  in  law  and  iiave  perpetual  succession;  may  sue  General  pwcr*. 
and  be  sued,  pleiid  and  be  impleaded,  defead  and  be  de- 
fended in  all  courts  of  law  and  equity,  and  in  all  actions 
and  matters  wliatsoever ;  may  juuchase,  receive,  hold  and 
grant  real  and  personal  property,  and  may  rell,  lease  und 
dispose  of  tlie  same  for  the  benefit  of  the  town  ;  may  have 
and  use  a  common  seal  and  alter  the  same  at  pleasure,  and 
may  do  all  other  acts  as  natural  persons  which  may  be 
necessary  to  carry  out  the  ]>owers  hereby  granted. 

§  '1.     The  coiporate  li.'jiits  of  ^aid  corporation  shall  in-  Limits, 
elude  all  lots  and  parcels  of  ground  lying  and  being  within 
eight  hundred  jards  of  the  centre  of  the  courthouse  in  the 
said  town  of  Carmi. 

§  3.     That  there  shall,  on  the  second  Monday  of  June  Ki'^tion  or  in»«- 
next,  be  elected  five  trustees,  and  on  the  seond  Mon-     "*' 
da>  of  June  ?nnually  thereafter,  who  shall  hold  tlieir  olfices 
for  one  year  and   until  their  successors  are  duly  elected 
and   qualified.     It  shall  be  the  duty  of  t!c  clerk  of  said 
corporation,  at  least  twenty  days  before  the  second  elec- 
tion to  he  iield  fo:'  trustees   undtr  this    act,  and  at  least 
twenty  da}s  before  any  subsequent  election  for  trustees, 
to  post  up  written  or  printed  notices  thereof,  in  at  least  Nctii-c. 
three  public  places  in  said  corporation.     No  person  shall 
be  eligible  to  the  office  <i(  trustee  who  has  not  arnved  at  Q"aUQcatiou. 
the  age  of  twenty- one  years  and  wiio  has  not  resided  in 
the  corporate  limits  of  said  corporation  six  months  next 
preceding  his  election.     All  white  free  male  inhabitants  ^wiifloation  of 
over  twenty- one  years  of  age  who  have  resided  within  the    ^"*"*^"- 
limits  of  said  corporation  three  months  next  precedin?'  an 
election  shall  be  entitled  to  vote  for  trusters. 

§  4.  It  shall  be  the  duty  of  the  trustees  at  their  first  T..wn oniceri. 
meeting  after  an  election,  to  proceed  to  choose  or  elect 
one  of  their  number  president  and  another  clerk  ;  they 
shall  have  power  to  fill  all  vacancies  occurring  in  their 
board  by  death,  resignation  or  otherwise ;  Fruvidcd^ 
tliat  if  a  vacancy  or  vacancies  shall  occur  more  than  four 
months  preceding  a  regular  election  for  trustees,  in  that 
case  such  vacancy  or  vacancies  shall  be  filled  as  in  case 
of  a  regular  election  ;  said  trustees  shall  have  })ower  to 
appoint  an  assessor,  a  street  supervisor  and  a  town  consta- 
ble; such  assessor  and  town  constable  to  give  bond  and 
security  in  such  sum  and  under  such  penaltias  as  the  trus- 
tees may  require;  and  the  said  town  constable  shall  take 
an  oath  of  office  before  some  justice  of  the  j.eace  that  he  Bond.njoath. 
will  faithfully  discharge  the  duties  of  said  office,  and  it 
shall  be  his  duty  to  collect  all  fines  and  serve  all  processes 
at  the  suit  oi  the  eornoration,  and  to  do  such  other  matters 
-«42 


185T.  noC 

ar.d  thirgs  por'aiinnj;  to  Ms  office  as  may  be  required  of 
luin  hy  lli»^  oidiiianoes  and  by-laws  of  said  eoijuiration. 
Cork.  §  .').      Th^*  ek-rk  of  said   cori^oratii.n  sliall   be,  t\r  cffin'o^ 

treasurer  of  the  same.  It  sliall  be  Ids  duty  before  he  en- 
ters upon  tlie  disc!»arge  of  the  duties  oi  his  office,  to  give 
bond  and  security  in  such  sum  and  under  such  penalties 
ns  the  trustees  sliall  ord«  r,  and  also  to  take  an  oath  before 
some  justice  of  the  |)«'aee,  faithfully  and  iionestly  to  dis- 
cliari;e  the  duties  of  said  office. 

r>Tr*r  or  in'.».  ^  (1.  The  trustees  aforesaid  and  their  successors  in 
office,  or  a  majority  of  them,  sliall  have  full  power  and 
authority  to  onlain  and  establish  such  rules  and  regula- 
tions for  their  j»overninent  aad  direction,  and  for  the  trans- 
acti'in  of  the  businf>ss  and  coneerns  of  the  corporation  as 
they  may  deem  expedient,  and  to  ordain  and  establish  and 
put  in  execution  such  by-laws,  ordinances  and  regulations 
as  shall  seem  necessary  tor  the  government  of  said  corpo- 
rah'm,  and  for  the  mana<Tement,  control,  disposition  and 
application  of  its  corporaie  proj^erty,  and  generally  to  do 
and  execute,  all  and  singular,  such  acts,  matters  and  things 
which  lo  them  may  seem  necessary  to  do,  and  not  con- 
trary to  the  laws  and  constitution  of  this  state. 

fowor  t>    fTT       §  7.     Tlie   said  trustees  shall  have   power  to  levy  and 

ui,  *''"^"  '  collect  a  tax,  not  exceeding  one-half  of  one  per  cunt.,  on 
all  lots  and  improvements  and  personal  property  lying  and 
being  within  the  said  town  of  Carmi  or  any  of  the  additions 
thereto,  according  to  valuation;  to  tax  public  shows  of  any 
a!id  a'l  descriptions;  to  tax  groceries  ;  to  raise  revenue 
for  the  purpose  of  ipaking  and  improving  the  streets  and 
alleys  ;  for  the  purpose  of  erecting  "sueli  buildings  and 
other  work««  of  public  utility  as  the  interest  and  conve- 
nience of  the  inhabitaiit^  of  said  town  may  recjuire  and  the 
circum-tances    render   proper   and    expedient;    and    said 

iitrfitf*  trustees  may  adopt  such  modes  and  means  for  the  assess- 
ment and  collection  of  such  taxes  and  the  rents,  issues  and 
profics  thereof  as  may  seem  to  them  right  and  proper;  they 

Mtritct  h-jwe.  shall  hav»^  |)ower  to  build  a  market  house  in  said  town 
wh»'never  in  their  judgment  the  interest  of  the  inhabitants 
of  »aid  town  may  require  the  erection  or  building  thereof, 
and  lh«  same  to  sell,  grant  and  dispose  of,  if  n«!cessary  ; 
tliey  flbalj   also  have  power  to  regulate,  grade*,  pave   and 

\n-j-  ■  ■  ■  impro\e  the  streets,  lanes  and  alleys  witliin  th«^  limits  of 
I'riid  corporation  ;  they  shall   also  have  power  to  jell   any 

••i«>f«»u.'  end  all  real  property  uj)on  which  taxes  may  be  assessed 
and  not  paid,  and  to  prescribe  tin;  manner  and  mode  of 
R'.lltng  inch  property  when  the  taxes  assessed   upon  the 

rtmim  :;ame  are  not  jiaid  :  Proviilvd^  that  in  the  selling  of  any  pro- 

perty for  the  nonpayinent  of  taxes,  the  sixth  sectior.  of  the 
act  concerning  public  revenur-,  approved  T'ebniary  Hth, 
!><}'.',  fo  far  as  tfie  same  is  applicable,  shall  be  complied 


307  1857. 

with.  Tlie  trustees  sliall  have  power  to  proscribe  such 
time,  mode  and  manner  for  the  redemption  of  property 
sold  for  the  nonpayment  of  taxes  as  tliey  may  tiiink  right 
and  proper. 

§  8.  That  thd  trustees  of  said  town,  or  a  uaiority  of  P'^ir  ^  nav* 
them,  sliall  have  ]>o\ver  to  make  and  publish  such  ordinan- 
ces as  will  be  calculated  to  preserve  good  order  and  har- 
mony ;  to  prescribe  raodfs  for  the  punishment  of  inde- 
cencie.^,  breaches  of  the  peace,  gbmblin<:f,  gaming  houses, 
horse  racing,  shooting,  and  all  disorderly  comUict  and 
riotous  meetings;  to  remove  obstructions  in  the  streets 
and  public  ways,  and  all  nuisances;  for  which  purpose  they 
may  make  such  by-laws  and  ordinances  as  to  tiiem  may 
seem  expedient  and  not  inconsistent  with  any  public  law 
of  this  state,  and  impose  fines  for  breaches  thereof,  whicii 
fines  shall  be  recoverable  jefore  any  justice  of  the  peace 
residing  within  the  corporate  limits  of  said  town.  All 
suits  and  judicial  proceedings  under  this  act  shall  be 
brought  in  the  manner  and  style  of  "The  President  and  siyio  of  corpora 
Trustees  of  the  town  of  Carmi." 

§  '.).  It  shall  be  the  duty  of  any  justice  of  t!ie  peace  pmipsofjuitijci 
resiling  witliin  tde  corporate  limits  of  said  town,  and  he  "' '  eiicacc. 
is  hereby  authorij'.ed  and  empowered,  upon  the  violation  of 
any  laws  or  ordinances  of  said  corporation,  to  is>jue  his 
warrant,  directed  to  the  town  constable  or  any  antliorized 
constable,  coroner  or  sheriff,  to  apprehend  the  ofteiider  or 
offenders  and  to  bring  them  or  i»im  forthwith  before  him, 
and  after  hearing  the  evidence,  if  it  sliall  appear  that  the 
said  accused  has  been  guilty  of  a  violation  of  any  such 
laws  or  ordinances  of  the  corporation,  to  impose  such  fine  nw^   ana  im- 

.  till  -ii  ii  II  pri.sonment 

or  impn>'onment  as  shall  be  pointed  out  by  such   law.^  or 
ordinances   for  a  violation   thereof:   Providcc/^  such    fine  PrvvUo. 
shall  not  exceed  ten  dollars  or  imprisonment  not  to  exceed 
twenty-four  hours  :    Providi  d^  however^  that  writs  of  cer-  Appcni  and  ctr- 
llorari  and  appeals  shall  be  granted  from  judgments  under   "^'■''"" 
this  act  as  in  other  civil   cases,  and  in  all   criminal   cases 
tlie  defendant  shall  be  entitled  to  an  appeal  to  the  circuit 
court  by  entering   into  bond  or   recognizance  as  the  case 
may  require,  before  the  justice  of  the  peace  within  twenty 
days  after  the  rendition  of  the  judgment,  with  such  secu- 
rity and  in  such  an  amount  as  the  justice  shall  tiiink  right 
and   proper.     And   all   fines  imposed   for  a  breach   of  the 
peace  ox  violation  of  the  corporation  ordinances  or  by-laws 
sJial!  he  paid  into  the  treasury  uf  said  corporation. 

§  10.     Tiie  trustees  of  said  corporation  shall  have  power  Powpt  to  ii«enk« 
to  license  groceries  within  the   corporate  limits   of  said   *'*^^'*'" 
corporation,  upon  such  terms  ai;d  under  such  restrictions 
as  they  may  think  proper,  ml  to  collect,  have  and  use,  for 
corporate  purposes,  all  the   money  raised  from   grocery 
license  granted  by  them   for  the  retailing  of  spirituous 


1S57.  008 

rtMTiio.  liquors  witliin  the  con'Oi  ate  limit?  of  said  town  :  Provided^ 

that  the  powtT  heretofore  s^iven  to  the  ooui<ty  courts  of  the 
several  counties  of  this  state,  to  grant  license  for  the  retail- 
ing of  iJpiiituous  liqudrs,  shall  no  longer  be  apj.licahle 
within  the  corporate  limits  of  the  saiil  town  of  Canni, 

fK^uitu.  ^11.      That   uj>on   tlie   applieation   of  the   owners  of  a 

maj>rity  of  t!ic  troi.t  lots  on  any  street,  it  shall  be  lawful 
for  the  bofrd  of  trastccs  to  levy  and  rollect  a  special  tax 
on  the  owners  of  the  lots  or  parts  of  lots  on  said  street, 
according  to  their  respective  fronts,  not  to  exceed  one  ])cr 
cent.,  for  tlie  purposes  of  grading  and  paving  the  sidewalks 
on  said  stret  t. 

!^»^;l.l..p.s  orvji-  §  12.  That  all  of  the  ordinances  and  by-laws  of  said 
uiJiT  *"**  ^^'  corporation  shall  be  written  in  a  fair,  lej^ible  hand,  signed 
by  the  cleilc,  and  posted  upon  the  court  house  door  and  in 
Uvo  other  of  the  most  pviblic  places  in  said  town.  No 
ordinance  or  by-law  shall  be  considered  binding  and  in 
full  force  until  a  copy  thereof  shall  have  been  posted  up 
as  aforesaid  lor  at  least  ten  days  :  Proi'idcd^  that  the  trus- 
tees of  said  town  shall  have  power,  whenever  tlioy  may  think 
proper,  to  j.rovidc  for  the  printing,  in  pamplJet  or  book 
iorin,  of  the  ordiuiinces  and  by-laws  of  said  corporation. 

rt*».  ;  10.     The  justices  of  the  ])eace,  constables  and  other 

officers  wlio  are  required  to  render  services  under  this 
act,  shall  be  entitled  to  the  same  fees  as  they  are  allowed 
by  the  general  laws  of  tiiis  state  for  similar  services,  and 
shall  collect  t!iem  In  tlie  same  manner  as  now  is  or  lirre- 
after  may  be  provided  by  law  for  the  collection  of  such 
fees. 

r*:;«4Be«t:ks*.  §  li-  T!iat  the  j)re><IJtnt,  or  any  two  of  tlie  trustees, 
slull  ha\  e  power  to  call  a  meeting  of  the  board,  by  giving 
one  da>*:J  notice  thereof,  and  a  majority  .'hall  constitute  a 
quorom  to  do  business;  but  a  minority  shall  have  power 
to  adjourn  form  time  to  time,  to  compel  the  attendance  of 
absent  members;  and  in  ihe  event  tlmt  the  notice  of  an 

V  '  f.  .»;  election  is  not  given  as  required  by  this  act  or  for  any 
other  cause  that  an  annual  election  shall  not  bo  held  at 
tSe  proper  time,  it  shall  be  lawful  for  the  late  clerk  of  the 
hoard,  or  any  tuo  qualified  voters  in  said  town,  at  any 
time  tijereatur,  iu  give  loticc  as  aforesaid  of  the  lime  and 
nla'-C  ofl.oldini^a  ""p'"  ;ial  election, and  t!je  trustee'  eh  cted 
at  «U':h  •ipcci'»l  election  shall  .have  all  the  powers  conferred 
by  thii  ael  upon  truftees  regularly  «  Icctcd. 

%ni^  t  art".  5  I''.  That  any  qualified  voter  livin'  within  the  cor- 
porate limit!*  of  si.id  corporation  shall  have  power  it  post 
up  notices  in  thre.;  of  the  most  public  place."?  in  said  cor- 
poration, ten  days  before  the  first  election  to  be  held 
under  this  act  for  trustees,  anrl  the  trustees  chosen  injiur- 
suance  of  such  notice  whall  be  considered  duly  ele(-ted. 
Any  justice  of  the  peace  living  within  the  corporate  lim|^s 


•»—!•-> 


309  1857. 

of  said  corporation,  shall  have  power  to  appoiiit  one  clerk  J'l'Hcc  of   the 
and  two  judges,  for  tlie  first  election  to  hv  held  under  this   c'«"rkV°''''''a!M 
act  for  trustees  ;  said  clfction  to  be  by  baUots,  in  the  same   i"''"''''* 
manner   as  the  goncral   elections  of  this  state  ;  and  any 
justice  of  the  peace  residing  within  the  corporate  limifg  of 
said  corporation  shall  liave  j)owpr  to  a])point  a  cleric  and 
two  judges  for  the  election  to  be  held  under  the  sixteenth 
section  hereof,  which  shall  be  conducted  in  the  same  man- 
ner  as    the   first   election  for  triistees  :  Proiuli  Jy  that  if  Pr.'visc. 
two  or   more  justices  of  the  peace   shall  appoint   clerics 
and  judges    fjr  the   same  election,  then  and    in  that  case 
those  first  a])pointed  sh(«ll   be  considered  the  legal  judges 
and  clerks,  and  shall  have  power  to  conduct  said  election. 

§  1<).  Tliat  the  qualified  voters  residing  within  the  cor-  v.io  for  or 
poratc  limits  of  said  corporation,  shall,  on  the  firit  Mon-  pSou  '""'' 
day  of  May  next,  vote  for  or  against  becoming  incorpo- 
rated nndei-  this  act ;  and  if  a  majority  of  all  the  votes 
cast  at  said  election  arc  in  tavor  of  being  incorjmiated, 
then  this  act  to  be  in  full  torce,  but  otherwise  to  be  null 
and  void. 

Approved  Feb  0,  1857. 


AN  ACT  lo  aiithnrizo  tho  trustees  of  tlio  .Methodist  E-iiscopal  CburcL,  of  Feb.  9   16C7. 
the  city  of  Lacon,  to  coi.vL-y  real  estate. 

Section  1.     Be  it  enacted  by  the  people  of  the  slate  of 
Illinois y  repreacnted  in  the   Genera'  t/J^^semhli/,  That  the 
trustees  of  the  Methodi^t  Episcopal  Church,  of  t'ae  city  of  prnpo-tr 
Lacon,  in  the  county  of  M  irsnall,  be  and  are  hereby  aulbor-    *^'^''-'-'''* 
ized  and  e!npow«-red,  in  their  capacity  cf  trustees,  to  sell 
and  convey  lot  No.  six  in  block  No.  twenty-seven,  and  also 
lot  No.  four  in  block  No.  fifty-two  in  Paid  city  of  Lacon, 
and   on  which  is  erected  a  church  and   parsonage. 

§  J.  Tliat  the  proceeds  of  said  sale  when  made  :>hall  rr.^wcii*  of  *a 
be  used  and  ex,)eaded  by  said  trustees  in  the  erection  of  a  '"*  af'P'>''J- 
new  church,  for  the  tise  of  said  congregation,  and  a  par- 
sonage, oreithcrof  tlicni,  on  fractional  lots  No.  eiglit,  nine 
and  ten,  in  Smitb's  addition  to  Lacon.  and  lot  No.  seven 
and  iVactional  lot  No.  six,  all  in  block  No.  thirty- six,  in  the 
t>wn,  now  ci'y,  of  Lacon. 

§  ;].     This  act  sliiiltake  effect  and  be  in  force  from  and 
after  its  passage. 

ArPKovED  F-b.  1\  1857. 


1S5T.  ^10 

r*   »,  isr.        AN  ACT  t.->  vacate  Ihc  streets  tii\i\  allfys  in  the  (own  of  P«ru,  in  Ujuon 

count)'.  ' 

Si:cTK'.N   1-      ^ic  if  enacleil  hi/  Ihc  people  of  the  slatt  uj 
Il/iiiuiSf  represetifit/  in  Ms   General  ^'Issetnbly^  Tliut,  the     | 
streits  and  allevs  in  tlie  town  ol  Peru,  in  Union  county,  in 
tliis    stale,  is   liereliy    vacated,  and   llic    \A<.\  and  record 
theieo!  lor  iiotliini;  »s*in!Httd. 

^  *J.  Tliat  notliinij  in  lliis  act  t^liall  be  so  construed  as 
to  artcct  tlir  ri«»lits  ol  persons  claiming  adverse  to  the  pres- 
tMit  occupants  ot  said  town  plat,  John  Fisher  and  John 
Peeler,  nor  to  titlect  the  separate  rights  ol"  them  or  iheir 
heirs. 

5  o.  This  act  to  take  etfccl  from  aiid  alter  its  pas- 
sage. 

Ar'^RovLD  Feb.  ".',  1S67. 


•ii««U. 


ftb  >,  IM"         AN  ACV  to  vacate  certain  Btroola  Jind  allt ys  in  luo  town  of  Shelby vilie, 

in  Shelby  county. 

Sr.cTiori  1.  Be  it  encctcd  by  Ihc  people  of  Ihc  slate  oj 
lllinoi<!^  represented  in  the  General  »,^ssejn/)li/,  That  so 
ior*:t^  of  much  ot  the  ''a.st  end  of  Cross  street  as  lit  s  between  bh)cks 
number  two  r.nd  three,  and  fvur  and  five,  and  so  nuicli  v( 
ihe  iiortJi  I  nd  of  Lent;  street,  as  lies  between  blocks  num- 
ber two  and  thr^  e,  and  all  ihe  allojs  in  Si^id  blocks  two  and 
three,  all  in  Jt<hn  Kvej's  addition  to  the  town  of  Shelby- 
ville,  inSlielby  county,  IIIinoi.T,  be  and  lie  sijnip  are  litre- 
by  vacated.  This  act  to  be  a  public  act,  and  be  in  force 
from  and  alter  it?  [as'iine. 
Ari'povKD  Feb.  I',  \^.'>~. 


Xub*  llm. 


If*h  Utr. 


A  V  A''  r  'o  r>.:»nce  'hi   itsrnr  <>{  V.nxuw  IVanroH  Ric*, -Jiiul  i.-ialc  In  i   I.ofr 
<  t  TtaouKis  ii.  liiitlgPB  and  Euiily  lirulgrs. 

8«CTio.v  1.  fie  il  enurli'd  hy  the  people  of  the  alatt  of 
VUoni%,  rcpresvniril  in  the  (i>  neral  ^^iasemhlij,  That  the 
n»»me  of  Fmmh  Kranf;ef»  Kice,  who  is  niw  residing  with 
TliomH^  n.  Hriflj^t-s,  hi  Chic  5ij;i>,  Illiiutis,  be  and  the  .;anio 
i<  hereby  r  h  iiil;«(I  tf)  I'.iniiia  Jaut  Bndgi's;  and  ity  the 
iiaid  name  of  Jlmmu  Jane  liiidgcs  she  Khali  lercallefbo 
forever  known  and  r  died. 

§  2.  Th«t  ssid  I'lnma  Jane  Wv'v^^ivh  Khali  be  and  i5 
bfrtby  n^adc  and  roii«tituted  a  legal  heir  of  said  Thoinns 


311  1857. 

B.  Bridti;os  and  Emily  Bridf;t  i,  his  wife,  with  fuil  power  and 
authority  to  taki-,  h  'Id,  etijoy  and  traasn.it  any  and  all  |iio- 
jiiMty  that  shall  or  may  <lescend  to  her  from  paid  Thomas 
B.  IJiidges,  or  his  wile,  Einily  Bridge's,  in  llie  same  n.ai;ner 
as  if  she  had  been  th''ir  natural  born  cliild  of  said  Thomas 
B.  Bridgt's  and  Einily  Bridges,  his  wife. 

§  '•].  That  from  aiul  aftir  the  passigc  of  thi-J  act,  i^R'^t'' »n«5  low 
chai'gini^  the  irime  of  said  Emma  Fra.itt  s  iiice  to  Emma 
Jane  liridges,  and  constituting  htr  the  legal  heir  f>f  said 
Thomas  B.  Bridges,  and  his  wife,  Emily  Bridgesi,  he  shall 
have,  use  and  exercise  all  the  rii;hts,  powers,  privileges  and 
duties  and  he  '^uhject  to  all  legal  liabilities  over  and  concern- 
ing said  Emma  Jane  BiiilL"'S  as  if  she  were  the  nitural 
born  child  of  said  Thomas  B.  Bridgv^s,  and  his  wife,  Emily 
Bridges;  and  the  said  Emma  Jane  Bridges  shall  be  subject 
to  ihe  same  control  of  .^aid  Thomas  B.  Bridges,  and  to  le- 
gal liabilnies  and  lestraints  under  him  as  if  she  wtre  his 
natural  born  child,  until  she  shall  arrive  at  the  age  of 
twenty-one  years. 

§  4.  This  act  shall  be  a  jiublic  act,  and  so  taken  and 
deemed  in  all  courts  and  places,  and  shall  be  in  force  from 
and  after  its  |)assage. 

Approved  Feb.  'J,  1807. 


.\N  ACT  entitloil  an  act  to  amend  an  act  entitled  "An  act  to  incorp«ra'.e  F«b.»,  I6t7. 
the  town  of  Ewington,  in  Cfiingbam  coiinty." 

Slction  1.  Be  it  enacted  by  the  people  of  the  m'ate  «J 
lUiiioia,  rcp7'csinti(t  in  the  Gincral  ^^ss<?ni'f/>/^  That  the 
corjiorate  iimits  and  jurisdiction  of  the  town  of  Ewington  Li"i'=  p  .cnae* 
be  and  are  iiereby  extended,  so  as  to  include  all  th;it  tract 
of  country  situated  within  one  mile  of  the  court  iio'ise  in 
said  town. 

§  2.  That  at  each  regular  election  for  trustees  of  said  J"»<i<-ei  >.:  th« 
towjj,  there  shall  be  elect* d,  within  the  limits  of  said  in- 
corporation, two  justices  of  the  j)eace  within  iiud  for  said 
town,  whose  powers  and  duties  shall  be  the  same  rtS  those 
prescribed  for  the  justices  in  the  act  to  wiiieh  this  act  is  an 
amendment,  and  one  town  constable,  whose  jurisdiction,  consubic. 
powers  and  duties,  in  addition  to  those  prescribed  by  said 
act,  shall  be  coe\tensi\e  with  those  of  other  con.-'tabhs  of 
the  state,  and  whosliail  be  commissioned  and  qualified  in 
the  same  raannnr. 

^  :'..     It  ihall  be  the  duty  of  the  justices  of  the  peace  of  Duiic».  fju.  .cm 
said  town,  and  they  are  iieieby  authorized  and  empower- 
ed, upon  oumplaiut  of  any  person  upon  oath  or  upon  !iis 


1857.  312 

own  knowlt'clge,  of  the  violption  of  ar.ybj-law  or  ordi- 
nanci  oi  saiil  corjioration,  to  is«iu'  his  warrant,  ilircottd  to 
llic  town  constftbie  or  nu\  other  aathorizod  officer  of  .^aid 
count),  to  njipriheiid  iho  otfeniU'r  or  cilfrndrr?  and  bring 
liim,  her  or  iht-rn  before  liim  forthwith,  ai  d  alter  liearing 
the  evidence,  if  it  sliall  appear  that  tlie  said  accused  has 
been  giiilty  of  the  vinlati-ni  of  any  such  by-laws  or  ordi- 
nance of  said  corp  'ration,  to  in.posc  sucli  line  or  inipiis- 
orment  as  sliall  be  pointed  out  in  such  by-laws  and  ordi- 

rr».U'.  nances  of  said  corporation:   rroiu/a/,  tuch  fine  shall  not 

be  less  tlian  one  nor  more  than  oiie  hundred  dollars,  and 
imprisonment  not  less  than  one  hour  nor  more  than  one 
week. 

im«t»ao.»ot.  ^  -4.     That  section  ten  of  said -^ct  shall  he  and  tlio  same 

is  hereby  amended,  so  as  to  read  as  follows  :  "That  when 
any  real  estate  be  sole'  for  trxes,  by  virtue  o(  this  act,  the 
same  may  be  redeemed  within  two  years  from  the  date  of 
such  sale,  by  the  owner  or  owners  thereof,  in  such  manner 
as  is  or  may  be  hereafter  ]'rovi<ied  by  the  legislature  of  this 
state  lor  the  rede'nption  of  real  estate  sold  for  the  state  and 
county  taxes." 

»*t}'.  §  ,,.     Tliat  all  moneys  arising  from  the  granting  of  li- 

cense shall  be  paid  into  the  town  treasury. 

^  •».  That  the  president  and  tiu^tees  of  said  town  and 
the  justices  of  the  peace  Pi.d  ronstabhs  of  the  same,  shall 
have  the  same  power*:  and  ]>ri\ihg(s  as  are  accorded  to 
the  city  of  S;tringrield  by  the  cliaitcr  thereof. 

J  7.  The  president  and  trustees  of  said  town  shall 
cause  an  election  to  be  held  in  saiil  town,  on  the  first  Mon- 
da)  of  March,  A.  I).  I'S')?,  at  which  the  inhabitant'^  resi- 
ding wilhin  lh»-  limits  prescriiied  b)  this,  wlio  are  (jualified 
to  vot»-  under  the  pr"\isi()ns  of  the  act  io  whit  h  this  is  an 
am»'ndni«nt,  sIihII  vole  for  or  a'^aiiisl  t!ie  ndo|)tion  ol  this 
ict.  If  a  majority  of  the  V()i»sgi\rn  at  said  election  shall 
be  in  favor  of  the  adrjpl'on  of  this  act,  this  act  shall  inime- 
di:il»  ly  take  i-flVct,  but  if  a  majority  of  said  votes  sIihII  be 
agi'in^l  ils  adi.plion,  then  this  aet  to  be  of  no  effect. 
Aitr'jVed  Feb.  V,  1K.*,7. 


Fvw^f » •; 


f'rrftMi      u      l« 


r»-   ♦.  nr.  AN  Af'T  .Vr  tlu-  l.fi.cfi'  of  M.ic«ac  cme.ty. 

fyy.CTiOH  1.      Jir  it  rihtrttd  hjj  lliC  JH()})lv   nf  the  sttltc   of 

Jlliniiu,  teprikfiil'tl  lu  thr    (ictieral   .//vvr //*////,  That  all 

f».,j'i»«     »f !  fiiM'd,  peral'IfH  ni.d   frfii'ur<M   inip»)s»  d  or  ineurre«l  in  the 

I  u.totr..        clrrt.it  court  of  Mai^ar  county  or  collecte  1  hy  jim'ice  of 

the  peace  or  other  officer  of  said  county,  excejit  for  the 


313  1857. 

violation  of  the  ordinances  of  an  incorporated  town,  shall 
be  paid  into  the  cotmty  treasury  as  part  of  the  county  re- 
venue. 

§  "J.     This  art  to  bo  in  force  from  and  after  its  passage. 

Approved  Feb.  i>,  1857. 


AN  ACT  to  authorize  the  city  of  Blooraingtoa  to  improve  the  etrects  of  '*=''•  "'  ^^^ 
Bail!  city,  and  levy  and  collect  taxes  therefor,  and  for  other  piirposfa 

Skciion  1.  Be  it  enacted  hy  the  people  of  the  stale  of 
]//in(jis,  represented  in  the  Getieral  ,'lssnnhlij,  That  the 
common  council  of  the  city  of  Bloomington  shall  ha'e  ^".'^.^"^l^^^^^'"' 
power,  from  time  to  time,  to  cause  any  street,  nlley  or 
liighway  to  be  graded,  leveled,  paved  or  planked,  and  to 
keep  the  same  in  repair;  and  to  cause  cross  and  sidewalks 
to  be  constructed  and  laid,  reiaid,  cleansed  ajid  repaired, 
and  rtgulate  the  same  in  sucli  manner  as  they  by  ordi- 
nance may  ])rovid*'j  and  to  grade,  improve,  jirotect  and  or- 
nament any  public  square  now  or  hereafter  laid  out. 

§  '1.  All  owners  or  occupants  in  front  of  or  upon  whose  c^JIJl^y'^'  "^«- 
premises  the  said  city  council  shall  order  and  direct  side-  " 
walks  to  be  constructed,  repaired,  reiaid  or  cleansed  shall 
make,  repair,  relay  orcleanse  such  sidewalks  at  ti.ejr  own 
cost  and  charges,  in  the  manner  and  within  the  time  pre- 
scribed by  ordinance  or  otherwise;  and  if  not  done  in  tlie 
manner  and  within  the  time  prescribed,  the  said  city  coun- 
cil may  cause  the  same  to  be  constructed,  repaired,  reiaid 
or  clenred  and  assess  the  expenses  then  of  by  an  order,  Bxpenscs »mm»- 
to  be  entered  in  their  proceedings,  upon  such  lots  respect- 
ively, and  collect  the  same  by  warrai.t  and  sale  of  the  pre- 
mises in  such  manner  and  within  such  time  as  the  said  city 
couiicil  may  by  ordinance  provide.  And  a  suit  may  also 
be  maintained  by  siid  city,  in  its  corporate  name,  against 
tlie  owner  or  owners  of  such  j)rcmises  fur  the  recovery  ot 
such  expenses  as  for  money  paid  and  laid  out  to  his  or 
their  use  at  his  or  their  reqtiest. 

6  S.  In  all  cases  where,  under  the  ordinances  of  said  city,  Kxpfp"  of  t*- 
expenses  may  be  incurred  ni  the  removal  at  any  nui?ance,  *auce. 
the.  council  may  cau-^e  tlie  same  to  be  assessed  against 
the  real  estate  chargeable  liierewith,  in  the  niann*  r  pre- 
scribed in  the  foregoing  section.  Suoi>  expenses  shall  be 
likewise  collectable  c>f  the  owner  or  ovnert-  of  such  premi- 
ses in  a  suit  for  money  expended  to  hii  or  iheir  use.  In 
case  the  same  shoul<l  not  be  chargewble  to  any  real  estate, 
suit  may  in  like  manner   be   brought  for  such    expenses 


against  t!»e  author  al  such  nuisance,  when  known,  or  any 
pt>r.<uu  whose  duty  it  may  he  to  rt- laovo  or  aliato  the  same. 
s«,u  §  4.     In  all  suits  for  the  recovi  ry  of  the  expenses  ofcou- 

itruclinp:,  rop;\iriiu',  rela)ii)j»  or  clearing  sidewalks,  or 
of  llie  n  moval  of  anv  ni!i>aiicc,  the  assessricnt  of  such 
ex}tenses  made  hy  the  city  council,  as  afi)resaid,  sliall  he 
taken  and  received  in  ail  the  courts  of  this  state  as  final 
ami  conclusive  evidence  of  the  amount  of  such  expen.ses. 
ni#«»  .uiwmAy  §  ">.  Any  suit  instituted  uniler  this  act  may  be  hrought 
before  the  police  Uia^istrate  of  said  city  or  before  any  jus- 
tice of  the  peace  cf  the  county  of  McLean,  if  the  :unount 
to  be  recovered  do  not  «^xoeed  tlieir  juiis(U«tion,  in  which 
event  such  sui*  may  bi*  brought  and  maiutainrd  in  any 
court  of  saiil  county  now  or  hereafter  established. 
AiTRovLu  Feb.  *.»,  1857. 


t«  b.-gu(:.t. 


r*-.  r,  i'ivT.  i    A>  -vCl  tncli.in:;'  tii>-  namps  of  Goorpe  II.  Clark  ami  Alioo  AVuia  Clark 
and  tlecl.iritig  them  lielis  at  law  of  Francis  Dubrulge. 


r'e».-e.:». 


Whereas  S.  W.   Clark,  parent  of  Geo.  H.   Clark  and  of 
Alice  AlidaClaik,  and  Francis  Duhri<'pe,  have  petition- 
ed the  i^ei.eral  as>cnihly  of  the  slate  of  illiiu>is  to  (  hango 
tlie  ranie  of  the  said  George  II.  Clark  to  that  of  George 
H.  Du')ridy;e,  and  of  Alice  Alida  Clark  to  that  of  Alice 
Ahda  Dubridge,  and   to  *leclare    them  heirs   at  law  of 
the  said  Francis  Dubridge;  therefore, 
Skc'iiun    1.      lie  if  finir/iil   iiij  flw  pcDjilr  of  the  slate  of 
IlliuuiH.    rrpresentvd  in  the    (inuraf  %dsstinl>li/^   That  the 
K^t^L^i*'..    name  of  George   H.    Clark    bt^    and   tho   shipc  is    hereby 
changed  to  that  of  (rt-orge  II.  Dubridge  and  by  that  name 
he  fhall  bn  hereafter  known  and  designated. 
X* -k' ci»»i<  •.        h  -•  That  the  name  of  Alice  Alida  Clark  bo  and  the 
«pme  \n  hereby  charged  to  tlial  of  Alire  Alida   Dubridge, 
and  by  that  name  she  .'hall  ht,-  jureaflcr  known  and  desig- 
nated 

§  o.  Tliat  tin;  baid  (ieoige  II.  Dubridge  and  Alice 
Ali'la  Dubri<lge  be  and  are  hereby  declared  heirs  at  law, 
i-nd  tach  ot  Ihtm  an  heir  at  law  <f  the  .said  Francis  Du- 
bridge, to  tin;  iaine  extent  and  relation  «s  a  legitiinat'', 
chil  1  :  Prnvithti,  that  tl  u  said  i'rancis  Diibridg"  bhall 
make  alfidavit  llMt  he  ha'r  petiti  incd  the  geii<v'al  assembly 
for  tlifj  purpone  herein  specified,  and  that  it  iH  his  dcNire 
and  intention  that  the  <>atd  (m  orge  H.  and  Ali(t(;  Alida  be 
declared  hiS  heirs  a9  aforesaid,   and  liiat  his  aflidavit  he 


Vj«C  Uir- 


tl  ir\M. 


315  ISbl. 

filed  and  recorded  in  the  recorder's  office  in  the  county  of 
Whiteside. 

This  act  shall  take  etfect  and  be  in  force  from  and  after 
its  pas.^^ge. 

Api'rovkd  Feb.  9,  1867. 


AN  AlT  ♦()  ii. corporate  th<»  HodJine;  St-ininary  and  Cciitrai  Illiiir.ia  Fe-  Feb.  9, 1837. 
male  College,  in  the  village  of   Abingiloiij  ia  the  coui.ty  of  Knox,  and 
Btalc  of  IliiiicMs. 

Section  1.  Be  it  enacted  liy  the  peop/e  rf  the  stale  of  Illi- 
nois, rt  presented  in  the  (Jeneral  ^isseinnh/^  Tliat  Oregon  P. 
Swats,  Win.  Stewart,  Richard  H.  Russell.  Pi.ihj)  M.  Names  of  tnw- 
Shooj),  Jesse  B.  Qiiiui'oy,  Kt  nl  M.  Chesney,  Benjaiuin  C.  **"*' 
Swarts,  M.  L.  Bruwn,  Franklin  P.  Foster,  J.  W.  Flowers, 
John  Borland,  W)0.  II.  llupter,  Richaid  llaney,  Nathaniel 
C.  Lewis,  Justus  Soule,  S.  G.  J.  Worthington,  John  P. 
Brooks  and  Henderson  Ritcliie  and  their  successors  arc 
hereby  created  a  bocly  politic  and  corporate,  to  be  styled 
end  known  as  "The  Trustees  of  the  ITeJding  Seminary 
and  Central  Illinois  Female  College;"  with  p(»wer  to  sue 
and  be  sued;  to  take  and  hold  real  estate  and  other  proper- 
ty, by  piirchase,  gi;t,  grant,  devise  or  otherwise;  to  lea^e, 
convey  and  dispose  of  the  same  for  the  effecting  and  fur- 
thering of  the  purposes  of  the  said  institution. 

§  'J.     The  first  nine  of  the  above  named  trustee:^  shall  rem  of  boJdir^ 
be  divided,  by  lot,  into  three  classes  ;  the  term  of  office  of  '''"'^°* 
the  first  class  shall  expire  Dec.  Gist,  1>^3/;  the  term  of  the 
second  class  in  one  year,  and  of  the  third  class  in  two  }  ears 
from  that  time.     Tlie  stockholders,    it  their  annual  meet- 
ing, some  time  in  the  month  of  December  of  each  year, 
shall  elect,  by  ballot,  tliree  individuals  to  fill  the  vacancies  vac«ncief>,  luw 
which  will  occur  Oii  the  first  of  January  ensuing.  If  at  any    *^"i'»''i"^ 
time  the  number  of  stockholders  shall  be  less  than  seven, 
the  annual  vacancies  occurring  as  above   in  the  board  of 
trustees  sliall    he  filled   by  the  remainii;g  trustees  in   con- 
nection with   the  existing  stockholders,  if  any,   with  this 
proviso:  that  not  les-*  than  two  thirds  uf  those  thus  elected 
shall  be  members  of  the  Methodist  Episcopal  church. 

§  ?).  Tlie  remaining  nine  of  t!ie  above  named  trustees  T,n^t/>«s  tp. 
shall  also  be  arrang'^d  in  three  classes,  and  the  annnsil  va-  i>-»"»"'<'n* •'• 
cancies  occurring  sliall  lie  filled  by  the  Peoria  conference 
of  the  Meth>)di-it  Episcopal  (hr.rth,  at  its  annual  i:es?ion.-<; 
the  Peoria  conftrtnce  may  also  appoint  visitors,  one  from 
eacli  of  its  districts,  to  attend  the  examinations  and  anni- 
versaries of  the  institution,  who  shall  al<o  be  members  of 
the  joint  board  of  trustees  nnd  visitors. 


1857.  S16 


t-tr. 


§   \.     Vacancies    occurring  during   the  year  in  cither 
brancli  o(  the   bor\rd  of  tru;«toes  may  be  filU-il  b>  thr  re- 
maining trustees  ot  that  branch,  and   in  the  t'aihire  oJ"  any 
visitor  to  attend  the  annual  niot  ting,   any   |>rrson  may  be 
appointed  \isitor  /;>•«>  /^m.,  by  a  Vdte  oltwo-thirds  of  all  the 
members  of  the  joint  board  present  and  voting. 
•j«r>«  or  nikir       ?   ^>'     The  joint  board  of  trustees  and  visitors  sliall  Iiave 
*• '■*  i>^'»«»<^  authority,  from  time  to  time,  to  prescribe  the  couise   of 
stn.]y  to  be  pursued  in  t!i-?  institution;  to  fix  the  rale  f>f  tu- 
(M-*r*  o!  uuti-  iti'^n  and  other  expenses,  to  appoiiit  the  principal,  profcs- 
**'****  sors,  tea''l»rrs  and  such  otiier  othcer«!  and  agents  as  may 

be  necessary  to  manage  the  concerns  of  the  insiituticn;  to 
fix  iheir  compensation,  and  to  displace  them  when  the  in- 
terests of  the  institution  retjuire;  to  erect  suitable  bnild- 
ingiJ,  purcliase  books,  and  clu  inioal,  philosophical  and  other 
apparatiis,  and  all  other  nec»'ssary  means  of  instruction, 
tnci  to  put  into  operation  and  enforce  such  rules  and  regu- 
lations for  the  institution  as  they  shall  judge  right  and 
proper. 
p«ti*i  of  kca^i.  §  tJ.  The  sald  joint  board  shall  publish  in  a  circular  or 
catalogue  the  couise  of  study  prescribed  lor  each  sex,  and 
when  any  student  sliall  ha\e  sustained  an  examination  up- 
on tlie  studies  of  the  course  satisfactory  to  the  vifitors  and 
faculty  of  the  institution,  they  shall  receive  diplomas  or 
certificates  of  the  same. 
8i"kL.  :f:i.  §   ~'     Subscribers  to  the  funds'  'ftlip  institution  to  the 

amount  of  twenty-ftve  dolLrs  sliall  be  entilh-d  to  one  vote 
at  all  the  meetii!g3  of  the  stockhohlcrs,  and  subscribers  of 
a  larger  amount  siiall  be  entitled  to  a  vote  for  each  ad- 
ditii)nal  one  hundred  dollars  subscribed  and  paid  or  satis* 
factoiiU  .securt-d  to  the  trustees. 
C'm**rt:'n  §  '^ '     Tlie  corporaUou  may  issuc  cci  tifi<*atts  of  scliolaT- 

•c»«una.pi  jliip,  limited  or  p»rp«'tual.  upon  siii;h  terms  ;»«?  they  may 
determin**;  and  the  bei»f'fit  of  such  scholarships  shall  inure  tu 
tlie  purchaser?  thereof,  their  heirs  or  assigns,  so  long  as  the 
conditions  ot  the  sclioUrships  are  laithtully  complied  with, 
ind  no  l«»nger,  except  at  the  opUon  of  the  corp  ration. 
r-.«i.  1---^...-,  §  9.  All  pr  >f»'i  ac  :rn;ng  from  tuition  or  any  other 
uwAK  -M  source,  Jijiail  be  applied  to  iinjM'ove  the  property  ol  the  in- 
stitu'ion,  and  to  incrrase  th(;  facilities  for  imparting  in- 
•truc!io!>. 

i   lU.     The  lot  of  land  on  which  the  buihlings  mny  be 
ererlid,  not  exceed  ng  fiv'^   acres,  together  with  the  im- 
provements tlieriron,  and  all   the  personal  property  of  the 
Corporation,  hIihII  be  forever  exempt  from  taxation. 
«^iir*«M»'.«  of       ^    n«     The  institution  Hhall  be  op';n  to  all  youth  of  good 
•toiMu.  moral  character,  and  the   profession  of  any  religious  faith 

»h»'J  not  be  required  of  tho^e    vvho  become  students. 
•t»t  af  a«  i*.       §    !-•      The  joint  board,  a^  ihei'  Iwst  meeting,  to  be  held 
•uMiM.  June  oi»lli,  18.»7,  ihall  fix  nj)on  a  common  seal  lor  the  in- 


J517  1857. 

stitution  ;  shall  determine  tie  number  ottlicir  board  neces- 
sary to  constitute  a  quorum,  \\,e  ruialifications  of  their 
treasurer  and  other  officers,  and  shall  form  a  code  of  by- 
laws, not  inconsistent  wit!;  this  act  of  incorj)on;tion  or  with 
the  constitution  and  laws  of  the  state. 

§  VI.  Any  informality  wbicli  may  have  transpired  in 
the  ;icts  of  former  trustees  of  the  HeddinG;  ColL'giatc  Semi- 
nary, and  the  change  of  nauie  made  by  this  oot  of  incor- 
poration, shall  not  invalidite  those  acts,  but  the  same  shall 
be  legal  and  obligatory  upon  the  present  trustees  and  alt 
other  parties  concerned. 

Approved  Feb.  9,  1857. 


AN  ACT  to  enable  Henry  coauty  to  transcribe  the  original  reconla  irt  the      Keb.  9, 1357. 
counties  of  Madison,  Schuyler,  Knox,  Fulton,  ana  other  places. 

Section  1,  Be  it  enacted  hy  the  people  of  the  state  af  lUi' 
noi-iy  represented  in  ttie  General  >/is6einbhj^  That  Stephen 
Palmer,  of  the  county  of  Ileniy,  be  and  he  is  hereby  au- 
thoiized  and  empowered  to  transcribe  from  the  original  Power  to  Iran- 
records  at  Edwardsville,  in  Ma<Uson  county,  at  Rushville, 
in  Schuyler  county,  at  Knoxville,  in  Knox  county,  at 
Lewiston,  in  Fulton  county,  and  at  all  other  places  that 
may  have  heretotbre  been  legal  places  of  record,  all  deeds, 
title  papers,  certiricates,  patents,  town  plats  and  all  other 
writings  on  record  in  the  recorder's  offices  of  the  said 
counties  of  Madison,  S.chuyler,  Knox  and  Fulton,  and 
other  places  as  aforesaid,  appertaining  or  relating  to  lands 
lying  in  the  county  of  Henry. 

§  2.  The  said  Stephen  Palmer  shall,  before  entering  iiakeoa.h. 
upon  the  duties  enjoined  by  this  act,  take  and  subscribe 
an  oath  or  affirmation,  carefully  and  faithfully  to  perform 
the  same;  which  oath  or  affirmation  may  be  administered 
and  certified  to  the  clerk  of  the  county  court  of  the  said 
Henry  county,  by  any  clerk  of  any  court  having  a  seal 
within  this  state. 

§  '3.     It  shall  be  the  duty  of  the  county  court  of  the  said  Biankbooks. 
county  of  Henry,  as  soon  as  maybe  convenient,  to  provide 
a  sufficient  number  of  suitable  blank  books,  sub:  tantially 
bound,  for  the  purposes  contempKiteii  by  this  act. 

§  4.  As  soon  83  such  books  shall  be  delivered  to  the  said  sh»ii  tr»nifrib« 
Stephen  Palmer,  he  shall  proceed  to  the  offices  of  the  said  J^^7"^  *** 
recorders  of  the  counties  of  Madison,  Schuyler,  Knox, 
Fulton,  and  all  other  peaces  aforesaid,  and  shall,  from  the 
books  in  said  offices,  transcribe  and  make  out,  in  a  fair  and 
legible  manner,  in  the  books  furnished  him,  all  records 
cociteraplated  by  the  foregoing  provisions  of  this  cct,  and 


14«ac«. 


IS 57.  818 

sIk^U  corlijy  at  (lie  eiul  of  each  volume  that  i\\c  (lecJ.', 
certificat'S,  title  paptTj.  aiul  all  otiier  writings  contaiueU 
tluTtin,  are  true  and  cornet  copies  from  ilic  records  iii 
the  counties  of  iMadison,  SeliU)ler,  Knox,  Fulton,  and  all 
ottier  placc«  aforesaid.  When  the  said  Stephen  Palmer 
shall  have  finished  transcribin«^  the  record^;  contemplated 
by  this  act,  l.e  shall  also  eei  tifv  that  the  hooks  contain  all 
the  reeord-5  aj)pei  taining  t->  the  real  estate  l}inp;in  the 
county  of  Henry,  and  on  record  in  the  ortices  ot  the  re- 
corders of  the  counties  of  Madison,  Schuyler,  Knox, 
Fulton,  and  other  places  aforesaid. 

r»nDi«iMs     lo      §  o.     Tl  shall  be  the  duty  of  the  recorders  of  the  coiin- 

2r,p*j.  *'^"' tics  of  Madison,  Sehu\ler,  Knn\,  Fulton,  and  other  jdaces 
aforesaid,  to  permit  the  said  Steplun  Piilmer  to  make 
transcripts  of  all  and  every  record  recjuired  by  the  provi- 
sions of  this  act,  a»  d  fcr  that  purpose  t  j  use  the  books  in 
which  such  instruments  may  be   recorded,  free  of  charp;e. 

rur  Uffry\c^.  ^  0.  The  said  Palmer  shall  be  paid  for  his  services 
out  of  th«*  county  treasury  ot  the  <:aid  Henry  county. 

mcccnistoUtT-  ^  7.  Wiien  the  n  cords  made  by  authority  of  this  act 
are  completed  in  the  manner  contemplated  therein,  and 
deposited  in  the  recorder's  office  of  the  county  ot  Henry, 
certified  copies  of  the  same,  made  by  the  recorder  of  tho 
aforcaid  county,  sh  .11  be  evidence  in  all  courts  and  places 
ai.d  of  the  same  effect  as  if  made  by  l.he  recorder  of  the 
county  of  Hmrv. 

Wtrikrr  t.ta*-  §  b.  Said  Stephen  P-'lmer  is  hereby  authorized  in  like 
manner  as  is  provided  by  this  act  for  transcribing  the 
rL-cords  of  deeds  of  said  counties  of  Madison,  Schujler, 
Knox,  Fulton,  and  ether  places  as  aforesaid,  to  cause  to 
be  transcribed  all  records  uf  sales  of  lands  for  taxes  made 
in  the  said  counties  of  Madi-^on,  Selunh-r,  Knox,  Fulton, 
and  other  places  as  aforesaid,  and  wiiieh  lands*  may  lie  in 
said  county  of  Henry;  iind  also  all  records  of  judgments  or 
other  putdic  records  of  said  counties  of  Madison,  Schuyler, 
Knox,  Fulton,  and  other  places  as  aforesaid,  necessary  for 
the  use  f>r  securiiy  of  tin-  people  of  said  Hi  nry  county  or 
any  lands  •ituate  therein;  and  all  such  transcribed  records, 
when  deposited. in  the  proj>er  otfiee  of  said  Henry  county, 
an  provided  by  this  act  for  transcripts  of  the  records  of 
tleed«  afor'-Kaid,  and  copies  duly  certified  from  them,  shall 
be  evidence  to  the  same  extml  that  the  ori{;iiial  reords 
of  the  naid  counties  of  Maiiison,  Schuyler,  Knox,  I'ulton, 
and  other  places  ai  aforosairl,  or  transfrijitg  from  them 
wouM  be  ;  and  the  ofTicers  of  the  said  counties  of  Madison, 
Schuyler,  Knox,   Fulton,  and    other  places  as   aforesaid, 

rtvu^io.  having  the  cu«tofly  of  such  original  records  shall  permit 
transcripti  to  be  taken  therefrom,  free  of  charge. 

§  'J.     This  act  shall  take  effect  from  and  after  the  pos- 
tage of  the  fame. 

APpaovED  Feb.  0,  Ift'T. 


cnp««. 


To  b«  tr;4«M». 


319  1857. 

AX  ACT  to  auU.orize  tlie  boaril  of  superviaore  of  Peoria  coiinfy  to  build  Foi)  i>>  i?^- 
a  court  houae  and  jail,  and  to  issue  boiida  to  pay  for  the  gaiuc. 

Section  1.  Be  il  enacted  by  the  people  oj  the  state  nj 
lllinoisy  reprcaentid  in  the  Cieneral  %^ssnnl>lij,  Tliat  the 
board  ol"  supervisors  in  and  for  Peoria  rouniy  are  hereby  Amonrfof  bonii 
aiithori;!:ed  and  einjmwered  to  buihl  a  court  house  and  jail  **  *"**" 
in  said  county,  lor  the  use  of  said  county,  and  that  they  be 
further  authorized  and  empowered  to  issue  tlie  bonds  of 
said  county  to  the  amount  of  one  hundred  thousand  dol- 
lars, to  pay  for  tlie  erection  of  said  court  house  and  jaih 

§  •!.     This   act   shall   be   considered   and    taken  to  be  a 
public  a'^t,  and  be  in  force  from  and  after  its  passage. 

Approved  Feb.  9,  1857. 


AN  ACT  to  amond  the  sevpral  acts  heretofore  passed  for  the  purpose  of  ^p''  ^f  ^357. 
incorpcirating  the  town  of   Waterloo,  ami  to   logalize  the   elections  and 
proceedin.Te  of  the  president  and  trustees  of  said  town. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the   General  %'lssembly.  That  the 
election  which  was  held  in   tlio  town  of  Waterloo,  on  the  p„riiicr  eiootion 
eighth  day  uf  December,  A.  D.  185G,  for   fi\e   trustees  of  ic8»ii«<xJ- 
said  town,  and  all  ordinances  by  them   passed,  and   all  or- 
dinances and  by-laws  ordained   and  passed  by  the  presi- 
dent rnd  trustees  of  said  town  now  in  office,  or  who  have 
heretofore  been  in  office,  not  inconsistent  with  the  laws 
and    constitution   of  this    state  or  tlie  United    States,  are 
hereby  legalized   and  declared  valid   in  all  res|  ects  what- 
ever:   Provided^   that   the   next   election    for   trustees  of  pr^vifo. 
said  town  of  Waterloo  shall  be  on   the    fir^t   Monday   of 
December,  [A.  D.  1857,  and  on  the  first   Monday  of  De- 
cember] each  year  thereafter. 

§  "2.  At  all  elections  for  trustees  of  said  town,  every  KiecUon forinw- 
wliite  male  inhabitant  over  the  age  of  twenty  one  years,  '*'''' 
who  has  been  a  resident  of  said  town  for  one  year  next 
preceding  any  election,  shall  be  entitled  to  vote  ;  the  said 
elections  to  be  conducted  in  all  respects  and  returhs 
thereof  made  as  now  provided  by  law  for  the  election  of 
county  officers,  and  at  such  election?  for  trustees  three  of 
tlie  acting  trustees  shall  act  as  judges  and  tv\  o  as  clerks  of 
said  elections,  who  shall,  previous  to  entering  upon  their 
duties,  take  the  Oith  now  provided  by  law  to  be  taken  by 
judges  and  clerks  of  elections  of  county  officers. 

§  ;>.     The  corponite  authorities  of  said  town  of  Water-  Pt>w»rto|iTe:i 
loo  shall  have  the  exclusive  power  to  license,  regulate  and 
prohibit  theatrical  and  otiier  exhibitions,  shows  and  amuse- 


1?>7.  S20 

meats;  to  Hotnso,tax,  reguliite,  suppress  ami  proliiblt  tlio 
sellir^  of  and  traffic  in  spirituous,  \  inou-?  ami  malt  liquors; 
anil  all  moiieys  .iiising  Iroui  licenses,  taxes  an<l  assess- 
ments, and  all  moneys  arisinir  from  tines,  forfeitures  and 
penalties  in  said  town,  sjiall  be  paid  into  the  treasury  of 
and  go  to  the  use  of  said  town  of  Waterloo,  any  law  of  this 
state  to  the  contrary  notwithstandinjr. 

TfttkUM.  ^  -i-     Tiie  presidei.t  and  trustees  of  said  town  of  Water- 

loo shall  liave  power  to  levy  and  collect,  annually,  a  tax 
on  all  real  and  personal  proj>erty  within  the  corporate 
limits  of  said  town,  not  oxceeclinjT  one-Iialf  of  oj\e  per  cent., 
on  the  assessed  value  thereof,  ado[)tinc;  for  the  juirposes 
of  such  taxation  the  assessment  then  last  made  for  state 
and  county  purposes  :  Proridt  (/,i\\'A\.  any  person  may  liave 
the  amount  of  pers(»:ial  proj)erty  assessed  to  such  person 
reduced  by  prcsentinn  satisfactory  evidence  to  the  presi- 
dent and  trustees  of  said  town,  at  their  last  regular  meet- 
ing; next  preceding  the  1st  day  of  ^lay  in  each  year,  that 
such  person  is  charged  with  a'l  amount  of  personal  pro- 
perty exi'eeding  that  realiy  owned  by  them  in  said  town  ; 
and  the  amount  of  all  such  reductions  as  may  be  made 
under  this  section  shall  be  certified  to  by  the  clerk  of  said 
board  of  trustees,  and  filed  with  the  clerk  of  the  cotinty 
c  )urt  of  Monroe  cointy  previous  to  the  first  day  of  May  of 
each  year. 

Til  •  Tt#»itT"r-  ^  .',.  Whenever  the  president  and  trustees  of  said  town 
of  Waterloo  shall  d.isire  to  levy  any  such  tax  as  is  in  tlio 
foree;oing  section  of  tiiis  act  provided  for,  they  shall  at 
their  last  regular  meeting  next  ])receding  the  first  day  of 
May,  fix,  by  an  or<linance  of  their  said  board,  tlu^  amount 
»o  desired  to  be  le\  ied;  and  the  said  board  shall  cause  to 
be  made  and  cerliTn'd,  nmler  (hf  hand  and  seal  of  tin  ir 
clerk,  a  copy  of  the  ortliuance  levying  said  (ax,  which 
shall  be  delivered  to  tlie  county  clerk  of  said  Monroe 
county,  before  the  first  Monday  of  May  in  each  year  in 
wliich  any  such  tax  is  |>roposed  to  be  levied. 

o^T  M  covrtr       §   l'>-     It  is  hereby  made  the  duty  of  the  county  clerk  to 

*'•**•  charge  such  tax  so  levied,  and  the  shcrilf  of  said  county  lo 

collect  the  same  in  manner  as  now  or  may  hereafter  be 
|>ro\ided  by  law  for  the  co'lec<ion  of  state  and  county 
taxes;  and  all  taxes  so  collected  by  tin;  sh<;rifirshall  be  ])aid 
over  to  the  treasurtrr  of  said  town  of  Waterloo,  on  or  be- 
fore the  lime  in  each  year  provided  for  the  |iayment  of 
county  taxe^  by  nherift*  ccjllected  :  Pntvuh  <l,  that  sher- 
ifTi  and  clerk*  respi  clively  shall  receive  for  services  by 
them  rendered  under  the  provisions  of  this  act  the  same 
fees  they  are  now  allowed  for  similar  nervices  in  the  as- 
sesiment  aiul  f;f)llection  of  the  state  and  county  revenue. 

rrt««uprr>«ri/  ^  T.  Privatr,  j)ropfrty  shall  not  bo  tnken  for  the  open- 
ing, widening  or  altering  of  any  public  itreet,  lane,  aveyue 


821  1857. 

or  alley  , unless  u^ion  petition  signed  by  tliirty  legal  voters 
of  sail!  town,  ai.d  notice  given  by  publioation  in  seme 
ncwspajier  printfil  in  said  town  of  the  time  and  place,  of 
the  prfscntaliitn  tlioreof",  tta  da^s  beloro  llie  prest  ritation 
of  sucli  petition  to  tlic  bof.rd  ot  trnstces,  w  lio  shall,  at  suth 
time  or  at  some  oflier  time  appointed  by  tliem,  proceed 
to  hear  and  determinf^  the  matter. 

§  8.  When  it  shall  be  necessary  to  take  private  ])ro-  PamagM. 
perty  for  opcaiing,  widening  or  altering  any  ]<uulie  stieet, 
lane,  aveine  or  alley,  the  corj»oralion  .shall  niakc  jiut 
com[)ensiition  tor  damages  to  the  p«'rson  whose  projx.-rty 
is  so  taken,  and  if  the  amount  of  such  compensation  can- 
not be  agreed  upon,  tlie  board  nf  trustees  of  said  town 
shall  select,  by  ballot,  five  commi-^sioners,  legal  voters  of 
said  cor|)oration,  and  not  directly  interested  in  the  ques- 
tion, v/ho  shall  j)roceed,  liaving  bt-en  fiist  duly  sv/orn,  to 
make  assessment  of  such  damai^es  fairly  and  a  tcording  to  A!:fo."(Hiiivor.m. 
law,  to  examine  the  premises  and  liear  ail  parties  if»tere.sted 
in  tlie  matter  win  may  appear  before  tlum;  tiiey,  or  a  ma- 
jority of  them,  shall  make  out  their  award  in  writing  and 
return  the  same  to  the  board  of  trustees,  under  their  hands 
and  seals,  with  a  certificate  of  their  oath  by  them  taken, 
and  in  case  they  or  any  three  of  them  s'  all  be  unablo  to 
agree  upon  any  award  they  shall  be  discharged  by  tfie 
board,  and  other  commissioners  in  like  manner  selected  in 
their  p'aces;  tiiej' shall  also  assess  upon  the  projierly  in 
the  town  by  them  deemed  benefitted  by  ihe  opening, 
widening  or  altering  such  street,  avenue,  lane  or  alh'y, 
the  damages  by  them  assessed  therefor  m  rateab'e  j)ro- 
portion  and  report  the  same  with  their  assessment,  an<l  the 
board  of  trustees  shall  i^sue  their  warrant  for  tie  collec- 
tion of  the  same  against  the  owner  of  the  land  so  repoited 
t')  be  benefitted,  to  the  town  constable,  and  the  same  is 
hereby  declared  to  be  a  special  tnx  and  a  lien  on  the  lands  si  ci»itax. 
so  reported  t )  be  benefitted,  and  sliall  be  collected  in  all 
resi)ect3  as  other  corporation  taxes  are  uidess  they  are 
paid  to  said  constable  within  seventy  days  from  the  issuing 
of  said  warran*.  An  api>eal  may  be  taken  from  the  award  Arp«'»i». 
for  damages  made  by  said  commissioner?,  by  the  board  of 
trustees  or  thi  owner  of  the  p'roj)erty  so  taken,  to  the 
circuit  co\irt  of  Monroe  county,  in  the  same  manner  and 
with  tlie  same  ctFeet  as  in  case  of  appeal  from  a  judgment 
of  a  justice  of  the  peace,  the  bond  in  such  appeal  to  be 
filed  with  the  clerk  of  Mie  circuit  court,  and  the  proceed- 
ings of  the  circuit  court  on  such  appeal  shall  be  the  same 
as  in  case  of  appeals  from  jadginen's  of  justice?  of  the 
peace;  either  party  to  such  appeal  shall  have  the  right  to 
have  the  same  tried  by  a  jury,  who  shall  assess  the  amount  Tti*n.yjBFr. 
of  damages  sustained  by  the  owner  ot  the  property  taken 
as  aforesaid,  and  the  cotirt  shall  determine  the  amount  of 
—  l:J 


1S.-.T.  022 

costs  to  be  pau^  find  ii-tay  npportion  tlie  same  between  the 
partirs  as  he  ..hail  t!. ink  just  ami  proper.  The  amount  of 
the  damages  assessed  by  the  jury  or  the  court  on  sucli 
Hppeal  s!nli  be  assessed  by  the  board  of  trustees  upon  the 
pro|.crty  deenied  and  repv^rted  by  tlie  said  conimi  wieners 
lo  be  benefitted  b}  th»^  opening,  widening  or  alti  ring  of 
such  street,  avenue,  lane  or  alley,  in  rateable  j^rojiortion, 
according  to  the  valuation  thereof  adopted  by  suth  com- 
missioners,  aiid  the  warrant  of  the  board  of  trustees  shall 
be  issued  by  them  for  the  collection  of  such  damages  as  in 
case  no  appeal  lad  been  takon 
yoo-f«i«fai  §  \*.     Sfiould   tiie  owner  of  any  land   upon   which    any 

'*****  S[iecial  tax  is  as?es.veil  under  this  act  be  unknown,  he  may 

be  so  deseribed  in  all  proceedings  to  assess  and  collect  the 
same. 
jiw»r4  ra»y  'j*      ^  |  >,     XI. 0  board  of  truotees  may,  for  gord  cause  shown, 
and  application  filed  in  the  nrtice  of  the  clerk  of  tjic  board, 
within  ten  days  after  the  return  of  the  award  of  the  com- 
missioners appointed  under  tiiis  net,  ojien  and  sc{,  the  same 
aside   and   cause   another  as.^essment  to  be   made  by  the 
Fame  or  otlier  commissioners. 
jMtK-M  of  the       6  11.     Justices  of  the  peace  of  the  county  of  Monroe, 
MAtTot**  '^"  ff -aiding  nitliin    the  limi.s  of  said  eorpcration,  shall   have 
juiisdiction  of  all  !»uit.>  and  procc.-s  brought  and  issued  for 
the  rejovery  of  any  tine   or  to   enlorcc   any   penalty  for 
breaeli  of  any  ordinance  of  said  coTj)oration,  and  constables 
of  said  county,  residing  within  the  limits  of  said   corpora- 
tion, shall  have  power  and  authority  to  serve  and  execute 
all  procers   it.s;ied    iu    any  Kueh  suits.      Sucli   suits   to  be 
brought   and  j  idgm'  nt   rendered   thereon,  end    the   same 
collecttd  and  enlureed  in  the  same  mani:er  as  is  pio\ided 
by  l!»e   laws  of  thi.s  st.ite  in   similar  cases,  saving  in  all 
ca<!e<»  the  right  of  trial  by  jury  to  cither  party  demanding 
the  same, 
f  •  .  .• !    la-       §  1:1.     No  fine  for  breach  of  any  ordinance  of  the  said 
''■       town  shall  exceed  fitly  dollars  nor  imprisonment  for  like 
cffVnces  five  days. 

5  l:».  The  b  )ard  of  trustees,  annually,  at  least  two 
weeks  prior  to  any  gei.eral  election  for  o.ticers  under  this 
act,  shall  make  oi*.  «nd  enter  upon  their  records  :i  fall  and 
coinp!«'te  .««tatcment  of  tlie  fiscal  affairs  of  the  corporation, 
BJiowiiig  item  by  it'  m  all  mnnf-ys  r«.-ceivc(\  from  whom  and 
on  wha*.  account;  alsr),  a!l  moneys  expend*  d  and  |»aid  out, 
and  to  wliom  and  "u  what  account,  and  the  t!icn  indebt- 
cdne^'?  of  the  rorpf-ration  and  on  what  prcount;the  amount 
of  orders  on  the.  trea.<»nry  tlu-n  outstanding,  to  whom  pay- 
able and  on  whnt  account.  A  copy  of  which  shall  ho  pub- 
li.ihfd  in  H  new;pa|.fr  in  raid  town,  at  Ir-ast  one  week  prior 
to  suoli  electi  Mj,  or  if  none  be  published,  fhen  |)OHted  up  in 
■omo   public  place  ono  week  prior  lo  such  election,  and 


».'.A'»m»-..t    f  a»- 

•»!   •Hit'*. 


T«W  ^»tl<1i»). 


328  1857. 

for  willful  neglect  or  refusal  on  the  part  of  said  board  of 
trustees  or  :my  member  thereof  to  cause  such  stat*'ment 
to  be  made  as  !ier».in  proviiied,  he  or  they  shall  4)e  deemed 
guilty  of  a  miiiiloiiieajior,  and  <M»  conviction  thereof  shall 
be  fined  in  a  f^um  oi  not  exc-et'dinp^  one  hundred  dollars. 

^  11.     No  peidon  shall  be  disqualified   as  a  witness  or  wimctisf*    and 
juror  in  any  suit  or  proceeding  wherein  tlte  corporation 
may  be  a  party  or  interested  in  consequence  of  beinf^  an 
inhabitant  of  said  town  or  member  or  officer  of  said   cor- 
poration. 

^  1').  So  much  of  an  act  entitled  "An  r.ct  to  incorpo-  acu  repMiH. 
rate  the  town  of  Waterloo,  in  Monroe  county,  and  to 
legaliz9  the  election  of  town  officers  therein  named,"  ap- 
proved February  IT),  185"),  and  so  much  of  the  parts  of  an 
act  by  said  h.?t  mentioned  act  revived  and  declared  to  be 
in  full  force  and  effect  as  conllicts  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  16.     This  act  is  declared  to  be  a  publis  act  and  sliall 
be  in  force  from  and  after  its  passage. 

Approved  Feb.  i',  1857. 


AN  ACT  to  incorporate  the  Michigan  and  Mississippi  Riilroad  Company.  F'>b.  lo.  I8fl7. 

Section  1.  Bp  it  enacted  hy  the  people  of  the  atate  of 
llliaoif^  reprcaented  in  (he  General  Jis^fiemhhj^  That  all 
su'jh  persons  as  shall  become  stockholders,  agreeably  to  B«iy  poutit  *i5< 
the  provisions  of  this  act,  in  this  cor,»oration  hereby  crea-  '^*"''^''*  ^" 
ted,  siKill  he  and  for  the  term  of  sixty  years  from  and  after 
the  pas5age  of  tliij  act,  shall  continue  to  be  a  body  corpo- 
rate and  politic,  by  tlio  name  of  "The  Michigan  and  Missis- 
sippi llai'road  Company,"  and  by  that  name  shall  have  suc- 
cession for  the  term  of  years  above  specified;  may  sue  and 
be  sued,  complain  and  defend  in  any  court  of  luw  or  equity; 
may  make  and  use  a  common  seal  and  alter  the  same  at 
pleasure;  may  make  by-law^,  rules  and  regulations  for  the 
management  of  properly,  the  regulation  of  its  alT^irs,  and 
for  the  tran-sfer  of  its  stock,  not  inconsi.^tent  with  the  exist- 
ing laws  and  the  constitution  of  this  state  and  cf  the  Uni- 
ted States;  and  may,  moreover,  appoint  such  subordinates, 
agents,  officers  and  servants  as  the  bu<<iness  of  the  said  com  • 
pany  may  require,  prescribe  their  duties  and  require  bund 
for  the  faithful  performance  thereof. 

§   'J.     That  Lawrence  S.  Cliureh,  H.  N.  Owen,  Charles  oottiiuiiKii«»n»in 
Patterson,  D.  O.  Dickinson,  II.  W.  Blodgett,  John  Gage,    '*''«*"'^*' 
George  Gage,  Leonard  Gage,  William  P.  Molendy,  A.  H. 
Plawley,  Obed  Edson,  Enos  W.  Smith,  Thomas  Turner, 


1S57.  324 

be  anil  tliry  urt»  lurebv  I'jvpointod  oommi.'^sloncrs  fnr  tl»e 
purpose  ol  procuiini;  j^ubscriptiuns  to  the  Oijjiital  stcrk  of 
saiil  roinpany,  wliose  duly  it  .^i!!;;!!  be  to  ojun  books  for 
subscripiions  to  the  cnpilnl  sloik  of  S'liil  companj,  ^iving 
notice  of  the  time  anH  place  wht  n  and  wheie  said  books 
will  he  opened,  at  least  thirty  day^s  previous  thereto,  by 
publication  in  some  ni.'w.-jpnj>cr  publishrd  iit  Woodstock  or 
\Vuukt't;an.  The  said  coi«ini>siont  rs,or  aninjoiity  of  thtm, 
shall  attend  at  the  place  appoiiited  for  the  optiiinj^  of  said 
bocks,  and  shall  continue  to  receive  subscriptioiiS,  either 
personally  or  by  such  aj^ents  as  the)  shcill  appoint  for  that 
purpose,  nnMl  the  Fum  of  tuenty-tiv«  thonstind  dollais  is 
subscribed;  and  when  said  <:nui  of  twenty-five  thousund 
dollars  is  subscribed,  (he  said  conunii^si<»ners  thall  give 
twenty  days'  notice,  bv  pub'icat'on   in  a  jiewspapt  r  jnih- 

EiMti.<a  cf  >!-  lislieu  in  Waukegan  or  Wooditock,  of  an  electu.n  by  said 

t«rt.^r>.  stockholders  of  a  board  of  directors,  as  hereinafter  provi- 

ded, for  the  management  of  sa  d  conij);iny.  At  such  time 
and  place  appointed  lor  that  purpft.>e,  the  commissioners, 
or  a  majoiity  of  them,  sluiil  attend  and  act  as  inspectors 
of  said  election,  and  the  stockhnKKrs  |)resent  shidl  }>ro- 
ceed  to  elect  nineteen  directors,  by  ballot,  and  the  com- 
mis'ioner?  present  shall  certify  the  result  of  such  election, 
under  their  hands,  which  certificate  shall  be  reeoidcd  in 
the  recorder's  book  of  sai<{  company,  aiid  phall  be  sulficicnt 
evidence  of  the  electon  f>f  the  directors  therein  named. 
The  directors  thus  elected  shall  liohl  their  o/Tice  for  one 
year  and  until  their  successors  are  elected  and  (jualified. 

Cmt4i»u^.  §   ''>'     The  capital  stock  of  said   company  shall  be  two 

million  dolUr?,  which  shall  be  divided  into  shares  of  one 
htindred  dollars  each,  a»jd  may  be  incieased  by  the  tlirec- 
torsof  sai<l  company  to  any  sum  not  exceeding  fnc  million 
of  dolUrs,  if  necessary  to  compiett-  the  works  hereinafter 
tr.thorized,  and  the  same  shall  be  subscribed  for  and  taken 
under  the  direction  of  the  boa»-d  of  directors  of  said  com- 
pany, in  such  time,  and  place  ;.nd  manner  as  the  said  tiirec- 
tors  shall,  from  time  to  tiirie,  direct.  The  shares  in  said 
comprifiy  shall  be  deemt  d  and  (■onsidcr(  d  as  pergonal 
properly. 

p.r^t  -.,  r.r  54.  The  affairs  of  said  company  shall  be  managed  hy 
^u^h^.^^'  *  board  of  thirteen  directors,  to  be  chosen  annually  by  the 
Btookholder**,  from  aniooK  themselves.  At  all  elections  for 
directors,  e«ch  sto(  khohler  shall  be  entitled  to  one  vote 
for  eacli  nhare  held  by  him,  and  may  vote  either  personally 
or  by  proxy,  und  a  plurality  of  the  votes  given  at  any  (lec- 
tion sliail  determine  the  choice,  and  no  stockholder  shall 
b**  allowed  to  vote  at  any  election  after  the  first  for  any 
Ftork  which  shall  have  been  assigned  to  him  within  thirty 
davs  previous  to  said  e|i ction;  the  directoi  s  shall  hold  their 
office  for  one  year  after  election  and  until  their  bucccb- 


325  ISfiT. 

sor?  are  elected  and  qMalified,  and  sliall  elect  one  of  th^Ir 
nu;nl)dr  president  uf  snid  l)oaid;  and  in  ca^e  of  any  vacariov  Va«"ci<«»  i» 
occ>irnii:»  in  <,iiA  boini  dI  directoi-,-  between  eleftious,  the 
same  may  be  filled  by  the  board,  at  any  Jpii;al  meeting  of 
the  directors,  and  tlie  person  so  elected  to  fill  the  vacancy 
shall  hold  his  oHicc  until  the  next  annual  meeting  of  the 
stockholdLT.  In  case  of  any  ab?eiice  of  the  president  of 
the  l)oard,  tho  electors  shall  have  power  to  elect  a  presi- 
dent,/;?'<>  A //i/;o/T,  who  siiall  exercise,  for  the  time  being, 
all  tlie  legal  powers  of  president  of  said  company.  The 
said  hoard  of  directors  may  be  diminished  to  any  number 
not  less  than  nine,  or  increased  to  iinv  nuinher  not  ex- 
ceeding fifteen,  by  a  vote  of  !i  in.:j  irity  of  the  stockholderj 
present  at  aiiy  annual   meeting. 

§    ').     It  shall  be  lawful  for  the  directors  to  make  calls  n^wpr  to  msue 
upon  the  sutn«i  subscribed  to  the  capital  stock  of  said  com-    *^ 
pany  at  such  time  or  times  in  such  amounts  as  they  shall 
deem  fil,  giving  at  Ijast  thirty  dajs'  notice  of  each  of  said 
calls  in  at  least  three  public  newspapers  published   in  tiiis 
state;  and  in  case  *d' failure  on  the  part  of  any  stockliolder  Forfciturcof  Je- 

1  .•  II  II  •  1       1-  .  r  liniaent  Bt<xk. 

to  la-ike  payment  ot  any  call  maile  by  saiu  directors,  for 
sixty  days  alter  the  same  shall  have  been  due,  the  said 
board  of  directors  are  lioreby  authoriv^ed  to  declare  said 
stock  so  in  arrears  and  all  sumj  paid  thereon  forfeited  to 
said  company. 

S  ti  riie  said  company  are  hereby  authorized  and  em-  p^wrr  to  iwa-e 
powered  to  locate,  construct  and  C(unplete,  a.:d  to  mam-  vaiiruad. 
tain  and  operate  a  railroad,  with  a  single  or  double  track, 
and  Willi  sucii  appendages  as  may  be  deemed  necessary  by 
the  directors  for  the  coiiveni'.nt  use  of  tiie  same,  from 
Waukc^an,  in  Like  county,  through  McIIenry  aiid  Wood- 
st'»ck,  in  McHenry  county,  to  some  point  on  the  Mississip- 
pi riv^r,  at  or  noith  t»f  Savaniia;  and  to  survey  and  de- 
termine the  line  of  said  road,  upt)nsuch  route  betw*  en  said 
points  as  the  said  company  suall  deem  most  eligible;  and  the 
s  lid  company  arc  furllier  authorized  to  usa  and  operate 
said  railroad,  and  sh?.ll  have  power  and  authority  to  regu- 
late the  time  and  manner  in  which  g'o  Is,  tfTecti  and  per- 
sons shall  bu  transported  on  the  same,  and  prescribe  the 
manner  in  which  said  railroad  sfia'i  be  used  and  the  rate  of  May  nx  nut  ©r 
toll  for  the  transportation  of  persons  and  property  thereon, 
and  in  the  storage  of  merchandise  and  other  property 
under  their  cijargf,  and  sh.iH  have  power  to  provide  all 
necessary  stock  and  material  fjr  the  operation  of  said  road, 
and  shall  have  power  to  erect  and  maintain  all  necessary 
depot'^,  stations,  shops  and  ot.'ier  buildings  and  machinery 
for  the  aecoinmudation,  ma.iagement  and  operation  of  said 
road. 

K<   7.     The  said  com[)anyare  li?reby  authorize<l,by  their  bibIih^ enter ca 
eu^ioctirs  anJ  agents,  to  enter  upon  any  la;ids  for  the  pur- 


1S57.  S2G 

rose  of  making  tlie  necessary  survej'S  and  examinations  of 
said  roaJ,  and  to  enter  upun  anil  t^ke  and  hold  all  lands 
nere>sary  for  llie  construction  of  the  said  railroad  and  its 
equippaj^es,  first  inakii*;^  just  and  rei;sonabIe  oonipt  nsation 
to  tiie  owiieis  of  said  Ujid^J  for  nny  d;uiiages  thai  may  aiise 
to  tin  m  frum  the  biiilini^  of  said  railroad;  ;ind  in  case  said 
company  shall  not  be  able  to  nbtain  the  title  lo  the  lands 
throunh  which  the  said  road  shall  be  laid,  by  ])aicl.ase  or 
voluntary  cession,  the  said  com|>ai.y  are  hereby  authorized 

»aMj««».  to  pruceed  to   nscertuin  and  dett-rntine  the  damages   sus- 

tained by  such  ovner  or  owners,  i?'.  the  mannei  and  upon 
the  ;tiiniipU's  p,rovi(U  d  by  the  ninety-s»eond  eh.ipter  of 
the  itevised  Statut«  s  of  this  state,  entille d  "Ri:;ht  of  Way:" 
ProviJcdy  that  aft«  r  the  r.ppraisal  of  damngts,  as  provided 
in  said  statute,  and  upon  the  dt])Osit  oi  thi  amount  of  such 
apjTaisaL  w  ith  th»  cleik  of  ilit.  circuit  court  wherein  such 
lands  may  be  >ituate,  the  said  conijiany  are  hereby  author- 
izf  d  to  enter  lipuu  t  uch  lands  for  the  construction  of  said 
road. 

r*mi-  x^x,i:'nx.       §  8.     The  said  company  are  authorized  and  empowered 
■*""■'•  to  boirow,  frcni  to  lime,  tudi  sum  or  sums  of  money,  nut 

exceeding  the  caplt.il  stook  of  the  compfuy,  as  in  their 
discretion  may  be  deemed  necessary  to  aid  in  the  con- 
struction ot  said  road,  and  to  pay  any  rate  of  interest,  not 
exveediiig  ten  y^-r  cent.,  arid  to  plti'ge  Lod  mortgage  the 
.•aid  road  and  its  appendages,  or  any  |)art  thereof,  or  any 
other  pirptrt)  or  etfects,  rights,  ere<lils  or  tranchires  of  the 
said  co.itpany,  as  .'iecurily  for  any  lonn  oJ  numc}  anu  interest 
thereon,  and  to  di>;.os»-  ol  the  boiuls  isstied  for  .'•uch  loan  at 
sut-h  rate  or  on  such  teims  as  t!ie  board  oi  directors  may 
determine. 

iii«>ars  ^   '.'•     Said  corporation  shall  bi;  bound  to  repair  all  pub- 

i^w  w«r»!i»  **  lie  bipl'^ayj  bridges  and  water  courses  whicli  maybe 
injured  in  con.Siruetmg  tiie  said  railroad  or  its  Mppendages, 
and  re.^loie  them,  as  lar  as  practicable,  to  ai  good  a  con- 
dition as  tlipy  were  bel'ore  ihey  were  injured. 
•  ntiiu  5  10.  It  .diall  be  lawful  for  said  company  to  unite  with 
'  any  other  railroad  company  which  may  have  been  or  may 
hereatler  be  iitcorjiorateil  by  thi-:  state  on  ihe  line  of  daid 
road^  an<l  to  graiil  !■)  any  such  company  tin;  lig'il  to  con- 
struct and  UH»!  buy  portion  ol  tho  road  loreljy  autliorized 
to  b"  eonstrccted,  upon  siich  terms  as  may  be  mutually 
agreed  between  the  said  companieo. 

I-         •  §  11.     Any  person  who  •'hall  willfully  injure  of  obstruct 

t  !»•  said  road,  fir  any  j>art  of  the  jippeinlages  iheiclo,  fhall 
be  dei-mefl  «miiIij- f»f  a  miFdenr-anor,  and  shiill  forfeit  lo  the 
ime  «f  lb*-,  compaiy  a  KWiri  thr»*c-fol«l  the  damages  occa- 
fiicn«'d  by  curb  iijury  f)r  ol)stru<!tion,  t<»  be  recovered  in 
any  notion  of  debt  i*i  the  name  of  Maid  compan),  with  costs 


327  1857. 

of  sulf,  before  any  justice  of  the  peace  or  before  any  court 
of  rec  >id  ill  this  slate. 

§    12.     The  aaid  company  shall  be   alhjwcd  three   years  rimo   or    ccro- 
from  the  passage  of  this  acl  for  tlie  comineuceiuent  of  the   il'm'i'reuon! "'"^ 
construction  of  said  railroad,  and   iti  case  the  same  shall 
not  be  completed    in  ten  years   thereafter,   the  privileges 
herein  grunted  sliall  be  torleiled. 

§  1'6.     Thij  act  shall  be  deemed  and  taken   as  a  public  PutUc  acn. 
act,  and   shiill  be   construed   beneficially  for  all   purposes 
herein  specified  or  intended. 

§  14.     This  act  shall  take  effect  and  be  in  force  frora  and 
after  its  passage. 

Approved  Feb.  10,  1857. 


AN  ACT  to  incorporate  the  Cairo  City  Hotel  Compari)-.  Fob  D,  18&7. 

Skction  1.  Be  if  enncfetf  hy  the  people  of  the  state  of 
JUimnsy  rvprtscntid  in  the  (leiieral  t^ss:c?n/>/-/y  1  hat  Ninian 
W.  Edwards,  John  T.  Smith,  John  E.  Ousley,  Hiram  style  of  corpora- 
Walker,  William  Butler,  D^nl.  Hannon,  Thomas  Paf^^dale,  '^''"" 
James  C.  Conklinj;,  John  Cook,  Philip  Winemaii,  Thomas 
H.  CHuipbell,  B«riija:nin  F.  Edwnr.ls,  W.  J.  Stepliens  aitd 
Abraham  Williams,  shall  be  and  tliey  aie  hereby  constituted 
and  declared  a  body  corporate  ar.d  politic,  by  the  name 
and  style  of ''The  Cairo  City  Jiot^d  Company,"  from  and 
after  the  passage  of  this  act;  and  by  that  name  they  and 
their  successors  shall  have  ruccf  ssion,  ^nd  phall,  in  law,  be 
capable  of  suing  and  being  sued,  plead  and  be  impleaded, 
in  all  courts  and  j)iaccs  whatever;  may  lla^•e  a  eonihion 
seal,  and  alter  the  same  at  jileasure  ;  and  their  successors 
may,  also,  by  that  name  and  style,  be  cajiable  in  law  of 
purclnsing,  accepting,  holding  and  carryiiig  away  real  and 
personal  estate,  for  the  benefit  of  said  compdjjy. 

§  '2.  The  said  company  hereby  incorporated  shall  liave 
power  to  erect  a  hotel  in  the  city  of  Cairo,  Illinfis,  and  to 
use  such  powers  and  privileges  in  tl  e  erection  of  said  hotel, 
njt  inconsistent  with  the  lavs  ot  this  state,  as  may  be  con- 
ducive to  tiie  interests  of  said  company. 

§  3.  The  capir;'!  stock  of  said  c<»mpany  may  consist  of  AuiruTit  r.f  c»i!- 
one  hundred  and  fifty  thousand  dollars,  to  be  divided  into  '*'  '^""'• 
share?  ofsuch  amouiitas  may  he  agreed  upon  by  a  majori'y 
of  th3  st'^cklnlders  ;  and  said  company  may  comiuence 
operations  and  have  all  the  powers  and  privileges  granted 
under  this  act,  when  stock  to  the  amount  of  tiiirty  thou- 
sand dollars  is  subscribed. 

^  4.       At  tlieir  fir-Jt  meeting  the   s'oekhohlers    cf  said  K-'    •    .r   <ii- 
coaapany  shall  proceed  to  elect  three  directors,  who  shall   If       :»'«  "f- 


1S57.  S2& 

luanacjo,  tliroct  and  rijovern  t'le  aflairs  of  said  company  one 
je.»r,  Iroiu  the  peiiod  of  tlit*ir  eL-'ctlon,  and  until  tin  ir  suc- 
Ces::>irs  ai'*  tleclod  nnd  f  ualified  ;  pnd  at  every  rlection 
each  siockhoKler  shall  be  entitled  to  one  \'ote  for  oac!i 
slirtre  lie  may  hold  ;  and  a  UK«io:ity  nf  all  the  votes  given 
shall  bo  required  to  make  an  election.  'I  he  period  of 
eit  ctlon  of  directors,  as  aforesaid,  i:hall  be  hold,  annually, 
on  the  first  Tuesday  of  the  month  in  whcli  the  first  elec- 
tion Siiail  be  held. 

o».v.-.  cf  Uic  ^  .'>.  Within  ten  days  after  the  directors  are  chosen 
as  aloreiaid,  they  sliall  hold  a  me»  ting,  at  which,  and  at 
all  subsequent  meetings  of  said  board,  a  majority  of  the 
directors  shall  constitute  aqroium;  that  they  shall  pro- 
ceed to  the  election  of  a  president  from  their  own  body, 
a  secretary,  who  shall  be  swoin  by  some  jii-tice  of  the 
peacp  to  thr  laithful  discharge  of  his  duty,  aiu'.  wlio  shall 
record  all  votes  of  the  corporation  in  a  book  kept  by  him 
for  that  purpose,  who  shall  give  bond  to  such  an  amotnit 
and  »n  .«uch  manner  as  said  president  and  directors  shall 
direct;  and  the  bnard  shall  appoint  all  other  officers  and 
r.^^ents  as  to  them  shall  seem  necessary. 

8w*:.-ip..  »f  ij  ^  (5.  The  corporation  shall  have  power  tc  call  for  suclv 
li'^.'jaT''**^  '"'  portion  of  ihe  stock  subscribed,  as  tiiey  may  think  piropcr, 
to  be  paid  at  such  time  and  pl.^ce  as  they  miy  designate, 
by  S''''"K  *s"  du)>'  notice  to  each  ^tockliolder,  in  writing, 
or  puljli>lii'Jtir  the  s.une  in  some  nv?wsp.jp('r  in  paid  city,  in 
which  sla'l  bespeciried  the  anutunt  rr(ji:ire.l  on  each  share 
and  the  time  and  phice  o(  pa}mcnt,  and  if  any  sloc-kholdcr 
shall  nepiect  or  relusc  to  pay  such  call  within  ten  days 
afrer  Mie  time  named  for  Siich  payment,  the  corporation 
may  brinj»  suit  against  any  didincjumt  for  the  amcant 
du«-  and  caiied  tor,  in  any  court  of  cenipetent  jui  isdiction, 
and  recover  the  «ame  will,  two  |)er  cent,  interest  per  month, 
and  if  the  ammtiil  ca/mot  be  Uiatie  on  execution,  or  if  said 
delinquent  is  out  of  the  State,  then  thfe  corporiUi<m  may, 
by  an  order  on  their  books,  declare  such  stock  forfeited  to 
the  corporation,  v.'illi  whatever  amount  mi.y  have  been  paid 
tliereon,  and  such  de!inquc-n*  sliall  f^rleit  all  his  rights  a3 
a  stocLholder. 

r  •  .  -^^  f  &  7.  TliC  »aid  prcijlenl  and  directors  shall  have  power 
to  make  out  anfl  establish  h11  such  by-laws,  rules  and  reg- 
iild'i<jn.*i  »»  shall  be  necessary  and  not  inconsirtcnt  with  the 
law*  t»f  this  ftate,  which  iniiy  btt  necessary  ftit  the  pcyment 
or  collccti'jn  of  the  .'iulfj-ci  ipiion  to  its  stoi  k,  or  ih«  li  ansfer 
of  the  samp,  mikI  <.f  piopejty  that  may  in  any  <tther  way 
concern  the  management  and  direction  of  the  alfairs  ot  8aid 
0'impar»y. 

J  H.     Tliin  act  J«h.'«ll  he  construed  favorably  in  all  Coiirtf, 
and  nhall  be  in  forrn  fi..rn  ..nd  after  its  passage  ni  td  a  ma- 
jority of  (he  »to(:k!io!i!et«  may  vote  ioi  ittf  <li8:>oiuli<  u. 
ArFRovKD  Feb.  0,  Ib-OT. 


8.29  1957. 

AN  ACT  to  ihcrrporalu  the  Chicago  Ilistcrlral  Society.  rcb.  7,  i^c?. 

WirFREAS  it  is  coiifliicivfl  to  the  public  [^ood  of  .1  flute  to  Prtjm'io. 
enc()ura£;e   siicli  iii<;litutlo;is  as  luive  lor  tlnir  ol;j»;ct  to 
collect  and  prc:«ervp  tht  mnnoiials  of  its  loiiinkrs  and 
ber;efactor>',  us  well  as  the  lii-'toiictal  eviflmccs  of  its 
progress  in  settknient  and   populaton,  and  in  the  arts, 
improvcnunls  and  iiistitufions  which  distinguish   a  civ- 
ilized cninniunity,  to  transmit  the  same  for  the  instruc- 
tion and  bciiffit  of  future  pjcnerntions — 
Section  1.     Jh-  it  tnac/id  hy  the  ppopfe    tf  the  slafc  of 
lllino's,  rcprcscnfcd  in  the  Giueral  Jhs,i7i!>li/^  Tiiat  Wil- 
liam H.  Brown,  William  B.  Ot^den,  J.  Toung    Scamnion,  • 
Mason  Bra^  man,  Mark   Skinupr,  Ge^oigc  Manitrre,  John 
H.  KinzJo,  J.  V.  Z.  Bhu.py,  E.  J.  Tir.kham,  J.  D.  Webster, 
W.  A.  SmaMwood,  V.  II.    Higj^ins,  N.   S    Davi?,  Ci  a.les 
H.  Ray,  S.  D.  Ward,  M.   D.  Ogd- n,  F.   S-ammon,  E.  B. 
^IcCa^g,   and  William  Barry,  all  of  the  city  of  Ciiicfigo, 
V  ho    have   associated  for   th'^  purposes  aforesaid,  be   and 
are  hereby  fornwnl  ii-to  and  ronsfituicd  a  body  jjoiitic  and  i*"''?  pMiucaoi 
corporate,  by  the  naine  ot  Mie  "t/incaj^o  lliStuncHl  Soci- 
ety j"  and  that  tlu'V  and  their  successors,  and  such  otiiers 
as  shall    be  legally  elected   by  them   as   their   associates^ 
shall  be  and  coutiiiue  a  body  politic  and  corporate,  by  that 
name,  forever. 

§  1.  Said  society  shall  have  power  to  elect  a  president  Conerai  powers, 
and  all  necessary  officers,  and  .shall  have  one  eomrnrn  snal, 
and  the  same  may  break,  change  and  renew  at  plt^asurc  j 
and,  as  a  body  politic  and  corporate,  by  the  name  al'oie- 
said,  may  sue  and  be  sued,  and  prosecute  pnd  defend  suits, 
both  in  l.^w  and  equity,  to  final  jiidgment  and  execution. 

§  o.  Tiie  saiJ  society  shall  have  juvsor  to  make  ell .G'^vcrr.mcni 
orders  and  by-laws  for  gover.iinfr  its  mt  niber?  and  |)ropf  rty, 
not  rt- j>ngiiant  to  the  laws  of  this  staie,  and  may  expel, 
I'isfraijciiise  or  suspend  any  member,  who,  by  his  miscon- 
duct, shall  be  rendered  unworthy,  oi  who  snail  neglect  or 
refuse  to  observe  the  lule."?  and  by-law  of  the  society. 

§  4.  The  said  socitty  ma),  from  tine  lo  time,  eslaLlish 
rult'S  lor  electing  otfioers  and  members,  and  also  times  and 
places  f'»r  holding  meetings;  and  is  heieby  empowered  to 
lake  and  hold  real  or  personal  estate,  by  gi't,  grant,  devise, 
or  [)urchase  or  otherwise,  and  llie  same,  or  any  part  there- 
of, ti)  alien  and  convey. 

^  5.  The  said  society  shall  have  power  to  elect  cor-  n,  .^nry  n)«B- 
responding  and  honorary  membi  rs  thereof,  in  the  \  arious  '''^"• 
parts  ol  this  state,  and  of  the  several  United  States,  and 
also  in  foreign  countries,  at  their  dis»eretion:  rrnviJtJ^ 
hou'ti'c^f  that  the  number  of  resident  memlers  o(  ^'aid 
society  shall  never  erceed  sixty;  and  WiiiiHni  II  Bruwn, 
or  any  other  person  numed  inthio  act,  is  hereby  aiuhoiized 


lSo7.  380 

r    .  and  enipowered  to  notir'v  antl  call  topretlicr  the  first  moet- 

ing  if  s.utl  sorivtv  ;  ami  \]\v  sain*-  society,  wlie.i  nut,  oiiall 
si;ree  upon  a  metliod  lor  callinj;  furtl'<>r  meetings,  and  may 
have  power  to  adjourn  from  time  to  time  as  mny  be  found 
necessary. 
rrt«.i«(«d  xcT-  §  '*>.  MemhtTS  of  the  h'gislature  of  this  state,  in  cither 
***••  branch,  and  jiid«;os  of  t!ie  supreme  court,  and   officers  of 

state  sliall   and   may  have  free   acct^s   to  said   society's 
library  and  c.ibinet. 

§  7.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passn<^r. 
,  Ari'RovEu  Feb.  7,  1S57. 


Ffb.  »,  18»T.  AN  ACT  to  incorporate  the  Norlhorn  Coal  Company. 

SrcTiov.  1.     J9e  it  ffmcfcJ  h\j  the  peopte  of  the  state  oj 
lUi.i/iSy  represented  in  the  General ^'Issrjiihlijy  That  Joseph 

Bo4r  Willie  »iMi  Bowles,  Ph  lip  Swigert,  James   S.Mason   and   their  asso- 

•it»r%\t.  cia^es,  and  assigns,  be  and  they  are  hereby  created  a 
bjdy  j)o);tlc  and  corporate,  nnder  the  name  and  style  of 
the  »*N.)rih?rn  Coal  Company  ;"  and  under  and  by  that 
name   they   arid    tlu-ir   successors   shall    have    succession, 

•M«ra3  ytw%t%.  contract  and  be  contracted  with,  sue  and  be  sued  in  all 
court?  and  ]>laces ;  they  shall  have  power  to  orp;auizo 
such  company,  by  the  ajtpointment  of  i  president  and  such 
other  otficers  a^i  they  may  deem  Uf^rtssary,  at  such  time 
and  place  a*?  ihoy  may  drsignate  by  notice  previously  given 
b)-  them.  .\nd  when  thus  organized  they  and  their  suc- 
cessors may  Invc  a  common  *eal  and  alter  the  same,  and 
shall  have  power  to  make  such  by-laws,  rul^s  and  regula- 
tion* as  they  mny  deem  necessary,  fi.);n  time  to  time,  for 
the  government  and  ihe  management  and  prosecution  of 
tlie  bu?»iue33  of  ^aid  company,  in^t  Mi'-onsistent  with  the 
constitution  unJ  laws  of  Ihij  state  and  the  United   States. 

A««BU.  §  2.     Tiie  £aid  corn|>any  may  ajtpoint  and   employ  such 

agentjt  as  may  he  r^qjiired  by  them,  and  define  the  powers 
a:i(i  prescribe  tlie  dulie.^  of  such  agents. 

%mtm\A\t.  ^  .J.     The  aaid  coin[)aiiy  mny  receive,  buy  and  hold  such 

real  estote,  mining  ri'jlils  mid  lights  of  way,  as  may  be 
rfeemed  necessary  by  lliem  to  thfi  sui;cessful  prosecution 
of  their  business  and  (lie  execution  of  ihe  .powers  herein 
jjranted;  and  shall  h'lve  power  to  \\y  out  and   c instruct 

wafi*i^r>»u.  surii  wagoii- w**}  s,  railrofd"  and  ap]  HI  rtennu 'rt:P  thereto,  on 
rnd  froTi  th-  Inndi  ofs-iid  roinpHiiy,  ♦o  siud;  j)oints  on  the 
Ohio  rivi-r  ai  the)  may  i\*:t'in  exjirdient  and  |iro|.er  ;  and 
to  engage  generally  in  the   bujiners  of  welling  for  salt 


3ai  1857. 

water,  and  for  tlic  miniiicr  of  coal,  iron,  clays  and  otiier  Mioiog. 
minerals,  and  for  tlie  minufactiire,  sale  and  transportation 
of  tlie  prodacts  of  their  ^^  ells,  mines  and  such  other  com- 
modities as  the  company  may  think  j)romotive  of  its  well- 
fare,  vvitli  all  puwers  necessary  and  adetjuate  to  carry  into 
effect  the  successful  jirosecution  of  their  business  and  the 
execution  of  tlie  p«i^vers  herein  granted. 

S  4.    Wlu'U  the  lands  or  estate  ot  any  feinme  covert,  infant  ''««""«  rovrt, 

s  .,.,■',  •         1     I  •  1      liii.ii>l»  aiiJ  i>cr- 

or  periJon  noii  cu/ji/jos  mentis  shall  be  required  by  said  x.-us  non  com- 
comj>dny  for  the  use  of  said  company,  the  guardian  of  such  '"'  »"<»'•«• 
infant,  or  person  tion  compos  mentis,  or  husband  of  such 
Ji7}iinc  cuvert,  may  release  all  damages  for  aiid  in  said  lands 
or  estate,  ;is  fully  as  might  be  done  by  the  party  whtn  free 
from  such  disability  ;  and  the  right  of  way  and  occupancy 
may  be  ac«{uired  and  damages  adjusted  under  the  provi- 
sions of  the  law  now  in  force  in  relation  to  the  right  ol 
way  ;  and  when  such  damages  arc  assessed  and  pwid  or 
tendfied,  accordirg  to  t!ie  provisions  of  said  laws,  the 
lands  so  acquired  shall  vest  in  said  company,  for  the  use 
and  purposes  thereof,  and  when  such  right  of  way  shall 
have  beta  awaided  under  said  laA',  a  copy  of  the  report 
shall  be  filed  and  recorded  in  the  county  wliere  such  lands 
are  situate,  and  a  duly  certihed  copy  of  such  rjf  oid  shall 
be  taken  and  received  as  evid^^nce  in  all  Iriais  relating  to 
the  same  :  Pr, jvidet/,  i'ndt  i  othing  herein  coniained  sliall  ^f*"^-^- 
authorize  the  said  corporation  to  have  or  hold  any  lands 
or  mining  rights  to  lands,  outside  of  the  county  ol  Gallatm, 
or  to  construct  any  rail  or  other  road  of  greater  length 
than  ten  miles. 

§  o.  Tiiis  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  and  shall  be  taken  and  deemed  to  be  a 
public  act. 

Approved  Feb.  0,  1857. 


AS  ACT  to  iucorpoiate  tb'»  town  of  i\Iarengo.  r«b,  9.1887. 

Skction  1.  lie  U  enacted  hi/  the  people  of  the  state  of 
JUiw  i^^  represe-xted  iu  the  (leneral  ^'is.semhh/.  That  the 
i'.habit^in'sof  the  town  of  Marengo,  in  the  coui.ty  of  AIo- 
Ilenr\,  and  stite  oi  Illinois,  are  hereby  conslituttd  a  body 
politic  and  corpc.rate,  by  th«  name  and  style  of  "The  Presi-  giyieot  corp»r«- 
dent  and  Trustees  of  the  Town  of  Marengi.;"  and  by  that 
na.nu  and  s'yle  shall  have  perpet'ial  successi  n;  ai  d  may 
hav<!  ;.nd  use  a  common  senl,  which  they  may  change  and 
alter  at  pleasure,  and  in  wl  oui  the  government  of  the  cor- 
i)oration  shall  be  vested,  and  by  whom  its  faffairs  shall  be 
managed. 


Uu:l. 


1557.  332 

Coci>»ri-.<-  r^T.  §  'J.  Tlie  InhabitantiJ  of  ^aiJ  town,  by  th'^  iinmc  and 
VJ^m^  '  *  stvie  alorfsait?,  may  siu»  ami  be  sued,  implead  ami  be  im« 
|)lf  ailed,  defend  and  be  defended,  in  all  cotirts  of  law  and 
equity,  and  in  all  nctiotis  wbntever;  and  pnicbase,  receive 
and  luild  |'roperty,  real  and  personal,  witliin  and  b»'y(»nd 
the  limits  of  said  town,  i\  r  burial  grounds  or  other  pur- 
poses, lor  the  use  of  the  inhal)i''aMts  of  said  town;  and  may 
sell,  lease  or  dispose  of  property,  real  and  personal,  for  the 
beuefil  oJ  said  town,  a'ul  improve  and  protect  such  proj)er- 
ty,  and  do  all  tlun<T«?  in  relation  thereto  as  natural  j>ersons. 

Ci'r  .-aiiiriM  ^  '^.  Tuat  all  those  tracts  of  land  embraced  wilhln  the 
following  b>undj»ries,  to  wit:  Co'.nMf^nci.ig  at  thesoutheat, 
corner  of  township  forty-four  (1^)  north,  innj^e  five  (5) 
east;  (hence  west,  on  the  township  line,  one  and  a  hall  iriles, 
to  the  one-!o!irth  section  post;  thence  nurtii,  on  the  one- 
(iiu;tl«  section  line.  o»>e  and  u  lu.lf miles,  to  the  centre  (»f  v'^ec- 
tijn  twent\-?iy:  thence  east,  on  the  one- fourth  section  line, 
to  the  Kishwaukee  river;  thenc;  easterly,  along  the  south 
bank  of  the  Kishwaukee,  to  the  range  lino;  thence  .south, 
to  the  place  of  beginning,  be  and  the  same  is  hereby  de- 
clared to  be  williin  th;  linitj  or  boundtuics  of  said  town 
of  Mirengo. 

>fi<aN!r.f  iroi-  §  4.  On  tlio  Mond 4y  hefor.->  thc  first  Tutsd av  in  April 
«^oi*""  ihe  of  each  year  the  iuhabitaMts  of  sai  1  town  shall  elect  four  (^1) 
•'■»•  trustees,  and   one  presidetit  of  tln^-  board  of  trustees,  one 

clerk  of  .said  board,  and  one  treasurer,  and  one  justice  of 
the  peace,  to  be  st)  h-d  a  police  justice,  and  one  constable, 
who  shall  iiold  tl.eii«»tfic«'  for  one  year  end  until  their  suces- 
sors  are  elected  and  (Hiaiifit  d,  exc«'j)t  tin-  justice^  of  the 
peace  ami  constable,  who  shall,  aft.rtlu;  nevt  fjuadrcnnial 
election  for  justice  of  the  pt  ace,  hold  their  olilce  lor  four 
year<,  which  said  justice  of  the  peace  and  constable  shall 
q.nlit'y  in  the  same  manner,  and  have  the  same  jurisdic- 
tion, and  be  .subject  to  the  same  lia-)ilitics  as  otiier  juUlces 
the  p"ace  ami  constables. 
,,  ^    '}.      The   presitK-nl  of    the    hnar<l    of  trustees   of  .said 

^•^4.  town  shall  lie,  t .r  ajjicio,  a  men)i)er  of  the  board  of  supcr- 

visiif^  of  McIIenry  county,  and  shall  have  the  same  j)owers 
as  any  other  .supervisor  of  said  county  or  membci  of  said 
biard,  and  receive  the  satne  coiiipensalio:*  for  the  same 
service}!. 

§  6.  Aldcn  J»'WetS  D.ivid  A.  Chapel  and  Samuel  R. 
Payn'er,  or  any  two  of  th«-m,  shall  be  judg»'S  of  tlie  first 
election  'jnder  thi<  act;  after  which,  the  president  of  the 
boar.l  of  trustees,  t!ic  treasurer  and  clerk  of  the  board, 
shall  b<!  judge  I  of  the  eh-clion.  Said  elec'ion  to  1)c  cOU- 
d'icli-d  in  accrdanrM  with  the  election  laws  of  this  .>^tate. 
Ten  dayn*  public  notice  of  the  tim'i  and  pla»  e  of  holding 
any  election  ol  tru-lee.i  n\f\\\  be  given,  by  Ww  JM»)ge«  of 
election,  by  edverlisownt  in  ai.y  we«:kly  newspaper  pub* 


f-»* 


Um. 


333  1857. 

libhed  in  said  town,  or  by  posting  notices  in  tl.ree  of  the 
most  j)ublic  places  in  said  town. 

§  7.  iNo  person  sliall  be  tlectt-d  as  president  of  tbe  Q"aiifl<i.fi,,n« 
board  of  trustees  or  tiustee  of  s?id  t(j\vn,  wlio  ?liall  not  iroMitm. 
Iiavc  been  for  one  year  previous  to  such  election  a  resident 
Sindlioitn  futv  freeholder  wil bin  ihe  corporate  imifsofvaid 
to\vn;  and  at  all  such  elections  every  person  who  sliall  be 
qualified  to  vote  for  state  and  countv  olJ:cers,  and  siiall 
have  :\  residence  within  the  limits  of  said  corporation  for 
six  months  previous  to  sucii  election,  not  being  there  for 
for  the  purpose  of  education  or  other  temporary  object, 
may  enj  )y  the  riglits  of  an  elector. 

^  8.     The  trustees  shall   be   judges  of  election,  nual-  ''^ruui^n     ^ 

i  ^  J        p>  '1  inoii.lierii  of  luo 

ificatiiMis  und  returns  of  the  president  and  of  their  own  ►"^"f**- 
members  and  of  clerk  and  treasurer.  A  majority  of  the 
trustees  shall  constiiute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn,  from  day  today,  and  compel 
the  aUi  iidaiice  of  absent  niembers,  in  such  manner  and 
under  such  penalty  as  they  may  provide,  and  punisli  the 
members  for  disor  Icily  conduct,  and  by  a  vote  of  three- 
fourths  of  the  whole  number  elected,  expel  a  member; 
and  make  such  other  rules  and  regulations  for  their 
government  as  to  them  may  seem  proper  and  expedient; 
and  shall  have  power  to  fill  any  vacancies  in  the  board  of 
trustees,  president,  clerk  or  treasurer,  occasioned  by  death, 
resignation,  removal  or  continued  absence  from  the  town 
for  tii'-ee  months:  Provided^  they  shall  not  appoint  one  of 
their  number  to  any  such  office;  and  the  j)resident  slull  in 
no  cases  be  entiled  to  a  vote,  except  iu  cases  of  a  tie. 

§  9.     The  president  and  trustees  of  said  town  shall  have  P  ^'''■'>^« 'cd  in 

prii-idrnt      asd 
power,  t.uMccs. 

First — To  cause  all  the  streets,  alleys  and  public  roads 
within  the  limits  of  said  town,  to  be  kept  in  good  rejiair, 
and  to  this  end  may  require  every  able  bodied  male  resi- 
dent of  said  town,  over  the  age  of  twenty- one  and  under 
the  age  of  sixty  years,  to  labor  on  the  same  not  exceeding 
three  days  in  each  and  every  y«  ar;  and  if  such  labor  be 
insufficient  for  that  purpose,  to  appropriate  so  much  of  the 
general  funds  of  the  corporation  as  they  shall  deem  neces- 
sary   ther»  for. 

Secuji'/ — I'd  open,  alt*»r,  vacate,  wid^n,  extend,  estab-  iniproTem«ntf»f 
lish,    grade,    pave   or    otherwise    improve,    any     streets,    ''^'^^^*' 
avenues,  lanes,  alleys  or  public  roads,  within  the  limits  of 
said  town. 

Third — To  make,  construct  and  keep  in  repair  side-  T»i<M,toeoii«:t. 
walks  or  pavements  in  front  of  any  lot  or  lots  adjacent  to 
any  street  or  sfrect'?  in  said  town,  and  to  levy  and  collect 
a  tax,  from  tin.o  to  time,  upon  the  lot  or  lots  in  front  of 
which  said  side'valks  or  navf  ments  are  or  shall  be  ordered 
and  proposed  to  be  made,  constructed  or  kept  in  repair  : 


Proi'idrdy  sncb  tax  shall  lio  on  such  lols  proportionate  to 
the  len^tli  o»  iluir  r»'S})rotive  (rout?;  and  until  s  •rli  presi- 
dent an  i  trnste«»55  shall  provide  l)y  onlii<ani'e  for  the  lowing 
and  coiltcting  said  ta.v,  tliey  shall  tMiter  upvin  the  records  of 
the  corporation,  whenever  they  shall  desire  to  collect  such 
tax,  a  resolution  that  ^wq\\  tax  s'.iaII  ho  levied,  and  the  num- 
ber of  the  lot  or  lots  upon  which  the  tax  is  ]>roposod  to  be 
levied,  and  ti»e  amount  upon  each  Ic  t;  and  a  oertified  copy 
of  such  resolution  shall  be  tiled  in  ihe  otTico  of  tie  clerk  of 
the  county  court ;  it  shall  then  be  collected  in  the  manner 
provided  in  the  ninth  section  of  an  act  entitled  "An  act  to 
incorporate  town*'  a;ul  cltie*?,"  apjMOved  February  the  iOth, 
1S40,  for  the  collection  of  otiier  corporat"  taxes. 
T»T»«>>  prjpwty  Fourth — To  levy  and  collect  taxes  upon  all  property, 
real  and  per>onal,  witliin  the  limits  of  said  corporation, 
not  exceeding  ore -half  per  cent,  per  annum  upon  the  as- 
sessed value  thereof,  and  may  enforce  the  payment  there- 
of in  any  maiim^r,  to  be  prescribed  by  ordinance,  not  re- 
pugnant to  liie  con''titiition  of  the  United  States  and  of  this 
state;  but  until  I  hey  provi'lr  by  ordinance  for  enforcing  the 
payment  thereof,  t!ic  said  property  shall  be  assessed  and 
the  tax  collected  in  the  manner  provi*led  by  the  ninth  sec- 
tion of  the  act  aforesaid.  And  tiie  cleric  of  the  board  shall 
certify  to  the  county  clerk,  previous  to  the  annual  meeting 
o*"t''e  b(»ard  of  supervisors,  the  rate  of  all  taxes  levied  by 
said  board. 
To  p»*ibit  tb»  Fif'.i'i — To  restrain,  regulate  or  prohibit  the  runninor  at 
•ftfvek.  large  of  cattle,  horses,  sheep,  swine,  giiats  and   othir  ani- 

nais,  and  to  authorize  the  di-^training,  impoiindingnnd  sale 
of  the  same,  and  to  proliibit  any  indecent  exhibition  of 
horses  or  other  animals. 

Sixth — To  pre\cnt  and  regulate  tlic  running  at  large  of 
dogs,  and   authorize  the  dt^struclifui  of  the  same  whun  at 
large  contrary  to  any  ordinance. 
^r^nm'.tvnt       Sirrvf/i — To  prevent  horse  racing  or  any  immoderate 
'**"*  riding  or  driving,  withi-i  th"  limits  of  said  town,  of  hoises 

or  other  animals;  to  proliibit  the  abuse  of  animals;  to  com- 
pel [)er8on5  to  fa<?len  tlieir  horses  or  otiicr  ani;^.a!s  attached 
t-j  veiiici**!  Of  otherwise,  while  standing  or  remaining  in 
«nv  slf'-et,  alley  or  public  road  in  said  t')wn. 

EighlK — To  establish  and  mail. tain  a  public  pound,  and 
appoi'.t  a  pound  maiiter  and  nrescribe  his  duties. 
»»/«^»*a  fiw-  A'^ia/n — To  rep  train  and  prohibit  all  description  of 
gambling  Jind  fraudulent  «levice,  and  to  suppress  and  pro- 
liibit biliiird  table?,  ball  alleys  and  other  gaming  establirdi- 
nients:  Proiidnl^  they  may  have  power  to  license  billiard 
table*,  ball  aii'-yi  or  other  places  of  exercise  and  amuse- 
ment. 

T>  nth — To  stippress  ;irid  y)rohibit  disorderly  liouseS)  or 
groceridf,  and  houses  of  ill-fame. 


335  1857. 

Eleventh — To  license,  rec»ula(e  suppress  and  prohibit 
all  exhibitions  of  common  rhowmin,  sliows  of  ever}  kind, 
caravans,  circuses,  exhibitions,  und  amusements  And  auc- 
tions. 

Tweljlh — To   prevent,  e«ippress   and  prohibit  any  riot,  to  pr.hibit  %\\ 
afTray,  distiii  banoe  or  disorderly  ussemblaj;e,  assaults,  as-   fjot  ''*^^      *""' 
saults  and  batteries,  or  shooting   within  the  limits  of  said 
town. 

Tl'irtcenih — To  make  regulations  to  prevent  the  intro- 
duction of  contagious  diseases  into  the  town,  and  execiite 
the  same  fi>r  any  distance  not  exceeding  two  miles  from 
the  liiiiitiJ  thereof. 

Fuurlcenlk — To  abate  and  remove  nuisances  and  pun- 
ish the  authors  there<  f,  and  deline  and  declare  what  shall 
be  deemed  Uiiisanoes  in  said  town,  or  for  any  distance,  not 
exceeding  two  miles,  from  the  limits  thereof,  and  autlior- 
ize  and  direct  the  summary  abatement  of  the  same. 

Fifticnth — To  regulate  the  storage  of  gunpowder  and 
other  combustible  material. 

Sixteenth — To  provide  for  the  prevention  and  extin- 
guishment of  fires,  and  to  organize  and  e<-tablish  fire  com- 
panies. 

Seventeentli — To  provide  the  town  with  water,  for  the 
extinguishment  of  fires  and  for  t'le  convenience  of  the  in- 
habitants. 

Eii:;liteeiith — To    provide   f.ir   inclosing,   improving  and  p '*>'''•  impror*- 
regul.ting  all  public  grounds  and  other  grounds  belonging   '"'"'* 
to  said  town. 

A'ineteenth — To  provide  for  erecting  all  needful  build- 
ings tor  the  use  of  said  town. 

7\centiefh — To  make  all  necessary  regulations  to  se- 
cure the  general  health  of  the  inhabitants  thereof. 

Tirenti/fi7\sl — Toiioense,  regulaie,  suppress  ar-d  prohibit  To  rctuiaie  the 
the  selling,  bartering,  exchanging  and  traffic  of  any  wine,   caUng'iJauo«!' 
rum,  gin,  brandy,  whisky,  ale,  or  strong  beer,  or  other  in- 
toxicating liquor  within  the  limits  of  said  town,  and  to  pre- 
vent giving  away  the  same  by  any  trader,  dealer,  shop  or 
tavern  keeper,  to  be  used  as  a  beverage. 

Tirenty-seeond — To  appropriate  and  provide  for  the 
payment  of  any  debtor  expenses  of  the  town,  and  to  fix 
the  compensation  of  town  officers. 

Twentj-tJurd — To  make  all  ordinances  which  shall  be  to  ptotM.  for 
necessary  and  propei-  for  carrying  into  execution  the  pow- 
ers specified  in  this  act  or  whicli  they  may  deem  necessary 
OT  expedient  for  the  better  regulation  of  the  internal  police 
of  said  town,  and  to  execute  the  same  ;  and  to  impose 
fines,  forfeitures  and  penalties  for  t!ie  breach  of  any  ordi- 
nance or  any  of  the  provisions  of  this  act,  and  to  provide 
for  the  recovery  and  appropriatii  n  of  such  fines  and  for- 
feitures and  the  enforcemcDt  of  such  penalties  :  Frovidcd, 


0TC<-Utl01 


IS 57.  8S6 

that  in  no  case,  except  In  assaults,  nssruHs  and  batteries, 
ruAs  or  affiays,  sfuill  any  3iich  fine  or  pt-nulty  exceed  llie 
sum  of  iwf  nty-fivti  dollars  for  any  one  olf»-nee. 

Af^ktBimee;  .1       §    H».     TtiHi    tlie  prcsiJeiit  and   triistees  of  said   town 

••••^  s!ia!»liive   power  to  aj-point  sireel  oon'niissiont  is,  board 

of  health,  and  all  other  otHrers  that  inny  hv  neet'ssaiy,  and 

to  prtsciibe  their  tlnlier,  r.iid  w.\)  require  bonds  from  tlio 

se>trat  orficers  for  the  faill.t'ul  ilisclior«»e  of  their  duties. 

p«ij  y  cicft.  §   11.     The  president  and  tiustees    shall   require   their 

clt-rik,  and  it  shall  be  his  duty,  to  make  and  keep  a  full  and 
failld'id  reeord  :dl  of  their  piocet  ilinj^s,  bj  -lit\vs!\iid  ordinan- 
ces, uidoi'the  ti'ne  anJ  plnceaud  nuuiiurof  the  publication 
of  suoh  ordiuiinres  and  by- laws,  in  a  book  to  be  provided 
for  thiit  ptirpose.  And  all  ordinances,  before  t.iking  effect, 
shall  t>t'  joiblishid  ai  least  ten  da}s  in  a  newspaper  pub- 
lished in  said  town,  or  by  posting  up  copies  of  the  same  in 
three  of  the  most  public;  piacrs  of  said  town.  The  book 
purporting  to  be  tue  reeoid  of  the  corporation  of  the  town 
of  M  iTeiigo,  or  a  certified  transcript  therefrom,  shall  bo 
received  in  all  courts,  without  further  proof,  as  evidence 
of  all  such  matter?  therein  contained. 

E»>>»«TTcf  flp-^       ^    12.     Any  fine,  ]>enalty    or   forfeiture  incurred    un-der 

Md  |Mo«iti«>.  ^1^.^  act,  or  any  by- law  or  ordinance  made  in  ]tur;:uance  of 
tins  act,  or  of  any  act  tliat  may  be  pas^^ed  amendatory  to 
this  act,  may  be  recovered,  together  with  costs,  before  any 
justice  of  the  pf»are,  in  the  corporate  n  me  ;  and  [thej 
several  fines,  forfeiture  or  penalties,  tor  bnaehes  of  the 
same  ortlinanees  or  bv- law*",  not  exceeding  one  hundred 
dollar-!,  may  be  recovered  in  one  suit;  and  tlu'  first  pro- 
ceSii  shill  be  a  summons,  unless  oath  or  ainnnHtion  be  made 

c«aw«r  MM>) -^  for  a  warrant  by  some  creilibb"  person;  but  in  all  cases  ol  as- 
**■  fault,    a^9»ull  HTid  battery,  affray  or  ri«)t,  a  warrant  sliall 

issue  for  the  arrest  of  the  jdf*  inbi  or  olF*  riders,  iri  the  same 
manner  as  for  like  offences  against  the  laws  of  the  state;.  It 
shdil  he  lawful  to  declare  (.r  del  t,  {Miu-rall}  ,  for  such  fines, 
peridl'ies  or  forfeitures,  f^tatirg  Mie  clause  ot  this  act,  or  the 
ordinance  or  by-law  under  which  tin;  same  ar**  claimed, 
and  to  give  the  special  matter  in  evi<ience  under  the  de- 
claration; and  the  juitiee  shall  proceed  to  hear  and  Ueter- 
miuf  tlie  cHsc  as  in  other  cases.  Upon  the  reti'w'ti'ui  of 
j'ld^in*  III  for  any  such  fines,  penalti«3  or  forfeit u>c.'."  the 
jimtii  e  wl.alj  issue  Ids  execution,  for  the  same  and  costs  of 
suit,  wliK  h  may  be  levied  np<n  any  of  the  personal  pro- 
perty of  the  defendant  or  defendanli  not  exeH»j)t  from 
execution.  If  the  constable  shall  return  upon  nicb  exe- 
cution "no  property  found,"  or  not  sufficient  to  satisfy 
the  «ame,  then  the  justice  rhoU  i-sue  a  rfipit/s  against  the 
body  of  the  defendant  or  d«  fendar.ts,  and  the  constable 
iliall  arrest  such  penon  or  persons  and  commit  him  or 
them  to  the  j«il  of  the  county,  to  remain  ninety-sijc 
hours;   and   it   the    jti-Jt^rrent    n'<'\   mnit   execed    fi\e   dol- 


337  1857. 

lars",  then  to  remain  in  close  custody  in  Raid  j-^I)  fn'^nty- 
four  hours  for  evt-ry  oiiv  <luliar  over  and  »l)ove  sni'!  five  dol- 
lars, aiid  so  in  proportion  to  the  aiiuxint  of  the  jixlgment 
and  Cf^sts:  PravuUd^  hmcever^  ii  the  said  pri'Sident  and 
trustees,  or  thtlr  attorney,  shall  retjuire  a  tran-'fript 
Ot*  the  jaili^ineiit  and  costs  to  be  certified  to  llie  cleik  of 
the  cireuit  court  ol  the  proper  conntj,  to  have  the  same 
levied  upon  real  property  and  si«^nily  the  same  in  writing 
to  him,  he  shall  not  issue  a  capias  as  aforesaid,  hut  shall, 
without  delay,  certify  a  transcript  thereof,  and  al'  the  pro- 
ceedings according  to  la>v,  to  such  clerk,  which  .•■Inll  be 
filed  iuid  recorded,  as  in  other  cases;  and  such  jud^^ment 
ehali  Iiave  the  same  force  an<l  effect  as  judginer.ls  rtndcr»d 
in  the  circuit  court:  Pruvideii^  an  appeal  myy  be  giauied 
witJjin  five  days  after  the  rendition  of  judgment,  with  the 
same  forf'e  «nd  effect,  rights  and  juiviieges,  to  all  parties, 
as  in  otfier  cases. 

§  1^).  The  president  and  trustees  shnil  not  be  »eq\iired, 
in  suits  instituted  under  this  act  or  ordinanc^is  p'ssed  by 
virtue  thereof,  to  lllc  befor*»  the  commencement  of  any  suit 
any  security   for  costs. 

§  14.  All  fitKP,  forfeitures,  and  penalties  received  or 
collected  for  the  breach  of  any  ordinance  jiassed  under 
the  provisions  of  this  act  and  all  nioneAs  receive*!  for  li- 
censes shall  be  paid  into  the  treasury  of  said  corporation) 
by  the  otficer  or  person  receiving  the  same. 

§  1 ").     The  inhabitants  of  said  town  are  hereby  exempted  Kxrmption  rnM 
from  working  on  any  road  beyoixl  the  limits  of  the  coipo-    '"»^""- 
ration,  and  from  pa}iiig  any  tax  upon  iroperty   v.ithin  its 
limits  to  jffocure  laborcis  to  work   upon  any  such  road. 

§  Iti.  //  is  further  enacUd^  That  thi<;  act  shall  not  take 
effect  and  be  in  force  until  after  the  same  shall  have  been 
first  submitted  to  a  vote  of  the  legal  voters  residing  within 
the  limits  of  said  corporation,  as  described  in  section  tliree 
(3)  of  this  act,  and  decided  in  favorof  the  act  eptance  of  this 
act  ot  incorporation  by  a  ntajority  of  the  voters  vo:ii;.w  at 
Buch  election  voting  in  favor  thereof  Said  electiiMi  to  be 
held  on  the  second  Saturday  of  March,  1857,  and  the  afore- 
said Alden  Jewett,  David  A.  Chapel  and  Samuel  R.  Payn- 
tor,  shall  be  judges  of  said  election,  who  shall  be  govern- 
ed, in  all  respects,  according  to  the  election  laws  of  this 
state,  in  conducting  and  canvassing  the  votes  of  said  elec- 
tion; they  shall  also  give  ten  days*  i)ubjic  notice  of  the 
time  and  p'ace  of  su^h  election,  by  publishing  a  notice  in 
a  weekly  newspaper  printed  in  said  t«»wn  or  by  posting  up 
notice  in  three  of  the  most  j)ubltc  places  in  said  town. 

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

Approved  Feb.  0,  1867. 
—44 


isrr.  338 

r  *.  10,  isjT.       ax  act  toanufx  to  and  con.s.>!l.Ut«»  Ihf  '.own  plat  of  Cainsviile  \vitli  the 

toxvu  cf  CeiilrHl  Cily. 

Sn  Ti'JN  1.  Ih  it  niacfcd  hij  the  people  of  the.  s/.tte  of 
li/viois,  rejircscttted  in  t'le  Lienrral  .'i''.v.Vf/;./>/y,  That  tlie 
town  jildtot"  llie  lown  of  G:\iii.-Ville,  in  Marion  counly,  be 
cjul  ttie  same  is  hr  rtby  cie«Jart-ii  to  I  e  cuiisolidjitr*.  with 
and  ai.ntxtd  to  the  town  ol"  CL-ntral  City,  and  sltall  bo 
i.ore.ilter  known  as  Hai.-tlaw's  addition  to  the  town  of 
Central  City. 
TiUi>.  ^' :  •u'.  §  2..     Tl.a^  nil  titUs  herctofjrc  made  shall  be  as  \  alid 

and  legiil  as  tliouirli  this  chini^ehad  Jirver  been  nia<le,  and 
the  iois  in  the  said  hddition  slu.-ll  li«  reaJtrr  desciibcd  as 
siUiated  in  liali-llaw's  addition  to  the  town  of  Ctntral 
City. 

§  d.     Tiiis  act  to  be  in  f»rco  froai  and  after  ilrf  pas- 
58;je. 

Approvkd  Feb.  10,  l5a7. 


r»fc  10,1^7.      AN  ACT  to  incorporate    the   G.^iman  Mulunl  Aid  asiil  Gymnastic  So- 
ciety, of  the  city  cf  Qiiiiuy. 

Stf  TioN  1.     Be  if  enactfd  by  the  people  if  the  stntc  of 
Jllhf.i'<^  rtj/resc'iftJ  in  the    (irjieral  */Jsst?nh/i/,   Tliat  Jo- 

ou:frt.  sej.li  A<laLiv,  1st    spealifr,    Charh-s    Ivtill.    Jd    spejikcr, 

Fii-drrick  Krdinann,  Ist  director,  Alfred  K'lII,  2d  direc- 
tor, I'dv^ard  (/.  Winter,  1st  secretary,  N.  Sclivartz,  2d 
\ ,  John  Schmidt,  treasurer,  and  Frederiek  Bcu;i, 
fthe  Germ:i»i  Mutual  Aid  and  C)mnu>tir.  Society, 
ol  liic  city  of  Qnincy,  and  their  sikccssdis  and  other  pre- 
scr.t  »4ierTibers  of  that  society.,  and  such  other  other  persons 
89  maj  hereafter  bo  admitted  members  of  faid  fjocirty,  ac- 
ccdiitg  to  the  constittilion,  rules  and  regulations  thereof, 
4»e  and  thej  arc  Uut'.hy  r,:eat^d  a  body  politic  and  corpo- 
fji'c,  in  llu-  city  of  Qnliicy,  and  ounty   of  Adams,  under 

Mu-r  9>rrf^  the  i.ane  hui  <ityle  <•!  "The  G<  rman  Mutual  Aid  and  Gym- 
'*'*■  nailie  Society,  of  the  city  ot  Q'llncy,"  for  the  purpose  of 

aiding  th^ir  mi  mberw  in  sickness  and  distress,  pioviding 
for  a  dv'Centburial  of  •heir  dead,  and  Pnga;^ing  in  suitahlo 
athli-tic  and  •  •t'-rcisev;  and  by  that  nauic  shall 

luive  pi  ipet  :i,  v/ith  jtowcr  to  rue  and  be  RiH  d, 

I'Jc'ad  and  b»;  i:u,i!»dut  d,  prorrecuto  and  d<  fend  in  all  ac- 
tionj  at  law  and  in  cqtiity  in  all  crurts  whatsoever,  and  be 
c  ipabic  in  1  iw  of  tnklng  and  hohMnfj  by  imrchasc,  grant, 
jjill,  devise,  and  oth'-rwiie,  real  and  perKonnl  property,  for 
the  u^e  of  §  .id  society,  to  any  amount,  not  exceeding  in 

««4«ni  H  'vi-  value  the  flvim  of  ten  thousand  dullard:  and  flaid  society,  in 


SSy  1857. 


their  ftaiil  name  an.l  style  and  for  tlic  use  thereof,  shall 
have  t'u;  power  to  sell  and  convey  the  real  and  personal 
estate  of  iaid  society  and  to  loan  tlie  money  thereof  and 
take  promissoiy  note^,  bonds,  mortgages  and  otiier  evi- 
dences* ot  imlobtedness  ♦ocsecure  the  same;  to  have  and  use 
a  common  seal,  and  to  alter  the  Paine  at  pleasure;  lo  make,  ro'p:r»t«  povr- 
and  from  time  to  time  to  alter,  as  ihey  may  think  proper  and  *'*' 
ex;>edient,  a  constifution  and  by-Iftw.?for  said  S'jciety,  de- 
claring iUii  time  of  electing  the  oflirers  of  the  socii-ty,  and 
the  mjnncr  tlitrcof,  tlie  nut.ber and  duties  of  such  otficeis, 
and  generally  such  otiicr  provisions  for  the  good  govern- 
ment .:nd  existence  of  the  society  as  to  them  may  seem 
propsr,  not  inconsistent  with  the  constitution  and  laws  of 
this  state. 

§  2.  The  conj»titution,  by-laws  and  procnet'ings  of  said  ^^*^''*'"  "^'  '^« 
society  shall  be  entered  by  the  proper  secretary  ol  theso-  *'""''* 
ciety  ill  a  book  kept  for  that  pu^po^:o,  and  each  book  shnll 
on  all  proper  occ-4sions,  be  open  lo  the  inspection  and  ex- 
aininafloii  of  any  rteinber  of  the  society,  and  shall  he  evi- 
dence of  the  mall-rs  therein  contained'in  all  courts  cf  law 
aad  equity. 

§  3.     The  office  and  the  meetings  of  fhe  soclefy  shall  be  QMi.r.ciiioa  of 
kept  and  held  in  the  city  of  Quincy,  county  of  Adams;  and  ••"*''«"•' 
at  all  elections  eacli  member  who  is  not  in  arrear=?  v^itn  hia 
dues  to  the  pociety,  shall  be  entitled  to  vote,  and  a  majority 
of  all  votes  cast  shall  make  an  election. 

^  '4.  Th?  members  of  tt;c  society  shall  be  liable  to  pay  T>ce)  r, -.lected. 
such  amount  cf  money,  at  such  time  and  place,  as  may  be 
fixed  by  the  constitution  or  bj-  the  by-laws  of  the  society, 
and  upon  a  failure  to  pay  the  same,  may  be  proceeded 
against  by  suit  in  the  namt-  of  the  society,  or  thtir  mem- 
bership may  be  declared  forfeited  at  the  pleasure  of  the 
society. 

§  6.  The  sociL'ty  shdl  not  be  c'issolved  and  put  in 
liquidation  a-?^  lor.g  as  five  members  thereof  dissent  and 
wish  the  continuance  of  tiie  society. 

Thii  act  shall  be  a  public  act,  and  be  in  force  from  and 
after  it?  passage. 

Aprr.ovKD  Feb.  10,  1857. 


AN  ACT  to  incorporate  the  Cbicapo  SavingB  luBtitution  ar.d  Trust  Com.  ra.  iv,  iMi 

I- any. 

\^nFRFAs  the  inrorporation  of  n  favirgs  institution  and  »'"»ni«''*- 
tri.st  compary,  in  the  city  of  Chicrgc,  for  the  p'.;rpose 
of  receiving  on  deposit  and  for  iiive.stirgfiuch  small  sums 
of  monej  as  way  be  saved  from  the  eainings  of  trades- 


18oT.  rv40 

in»"n,  inechautos,  laborers,  minors,  sorvants  nnd  others, 
aiul  vTf:iti:ii»  u  salV  depository  o<  larger  sums  from  <>tlicr 
fouroes,  ami  investing  t!u>  jJamt"  i:i  ilie  socMuitus  of  the 
govorninnit  of  the  Unit«Ml  States  or  of  this  st<tto,  and 
upon  boiui  nnd  mort>^Hi:;v>  on  iiii])ri)vcd  rt-al  estutr  in  the 
city  ol  Chicago,  wortli  diMihle  tlie  amount  loaned,  is 
Worthy  of  tlio  favoraulc  consideration  of  this  legislature  ; 
lli'*ulor«', 

SrcTUN  1.  Be  it  enacted  h)/  the  people,  of  the  stale  of 
riinois^  nprrseuttt/  in  ll,c  Get:e7'al  »'lssvt)th!y^  That  Peter 
Page,  Wnltt-r  S.  (Jnrnee,  Cliarles  L  Ilarman,  John  P. 
Chapin,  Tiiomas  llulo.  Benjamin  W.  liuyniood,  Edward 
K.  Utxlj^trs,  Amos  it.  Tl.rooj),  VNMliam  II.  JJrown,  Kilward 
I.  Tiitk'i.un,  Tliomas  Richmond,  Ji'tr-rp  Peel:,  Tutliill  King, 
Edmun«l  I).  Taylor,  Pliilo  C  Carpi  iili-r,  ()o..rge  W.  Dole, 
Grant  liDdrieli  and  ^^*idter  L.  Nowbeiry,  sliall  be  and  are 
*-o;  rpor.'.a  hereby  eon.-tituted  a  body  corporate  and  poJilie,  by  tho 
.u4j«  iu  p)^,„^,  o(  "The  Chicago  Savings  Institution  and  Trust 
Comj)niiy;"  and  by  that  namp  ihcy  shall  have  ]H'rj)etUiil 
succfssii-n,  and  shall  be  eapa'jh'  ol  stiiiig  and  being  sued, 
pleading  nnd  being  unpleadtd,  an.^wcjing  nnd  b»  ing  an- 
suvrcd  unto,  dilVnding  and  being  defonded,  in  all  com  ts 
and  places  whatsoever;  and  may  have  a  common  sea), 
with  power  to  change  and  alter  the  samp,  from  time  to 
time;  and  shall  b(i  capable  of  purchasing,  taking,  holding 
and  prij'iving,  to  them  and  tiieir  successors,  any  loal  estulc, 
in  fee  simplf  or  otlnTwisf,  and  any  goo{ls,  chattels  and 
personal  estalf,  which  ')liall  b«'  necessary  for  the  purposes 
above  recited,  and  of  jjelling,  1»  asing  or  otlawise  disposing 
of  the  said  redl  and  per-onal  estate,  or  any  part  thereof, 
Ffwiw.  at  tin  ir   will   aiid   phaHure:   Pj'itvidtily  tiliiut>/s^   that   lliG 

clear  annual  rent  or  inrf me  of  sucli  real  and  pe'sonal 
estate,  exclusive  of  the  profits  tlat  may  arise  fiom  the 
interest  accruing  upnn  ilie  stock  or  from  the  sale  of  any 
•tock  in  which  the  deposits  ma<le  in  the  said  institution 
may  he  invesle<l,  shaM  nnt  exceed  the  stun  of  five  t.'iou- 
san«l  dollars;  and  that  tho  trusteefi  or  managers  of  said 
institution  f;hall  tiot  directly  or  indirec  tly  recc  ive  any  piiy 
or  emol  uneiil  for  their  service";  nor  shall  they  isstie  luiy 
note^,  make  any  discounts,  or  transact  any  hnsim  ss  who  li 
b'  Inngv  to  or  ,fi  transacted  by  ineorpoiated  hanks  otL'  r 
than  is  herein  "p.cifud  :  Providrd^  alsn^  that  the  fund.;  ni 
the  mid  eorpi)r;ilion  rhall  be  used  [and]  appropriated  (o 
the  promotion  of  the  obji^cts  stated  in  the  preamble  to  this 
act,  in  th'^  manner  her*  in  mentioned,  nnd  those  only. 
f^uv.xt^^  $  '1.  ^IndliC  it  fiirlltir  vnartid^  That  the.  said  assof  i;i- 
tion,  so  incorporuted,  ph;ill  receive,  as  dejiosits,  from  y  i- 
Bons  of  the  dehcripfion  runtaincd  in  tlio  rerltal  of  this  ait, 
all  «ums  of  money,  not  les<»  than  one  dollar,  that  may  be 
offKrcd  for  that  purpose,  in  such  sums,  and  on  such  term*, 


I 


841  1857. 

fjr  the  pnrp<)ses  of  being  invosfed  as  aforcsalJ;  wliicli  si  all 
be  invi*st»'d  accordingly,  mid  shall  b»'  repaid  t«»  i-arh  de- 
positor, when  refjuired,  and  at  eiicli  times,  and  with  such 
interest,  and  luider  sucii  regulations  as  the  board  of  trtis- 
tees,  to  be  appoiiited  as  is  hercaltcr  inpntintied,  shnll, 
from  time  to  time,  jMvscribr;  which  regnlations  shall  be 
put  up  in  some  pii'jjic  :\nt\  conspicuou'?  phicc  in  the  room 
where  the  bnsine??  "f  the  said  corporation  shall  be  transac- 
ted, but  shall  not  he  altered,  so  as  to  atTect  any  one  who  may 
have  been  a  depositorprevious  to  sucb  alteraion.  No  presi- 
dent, vice-prtsidrnt,  tru?^toe  or  acconntantshall,  directly  or  Ko<>«c<«r  lobor- 
indireclly,  borrow  or  use  the  funds  of  the  corporatioii,  ex-  [lioarpjrjiott. 
Ctpt  to  pay  necessary  current  exjenses;  and  all  certificates 
or  e\  idence  of  deposit,  made  by  the  proper  officer,  shall 
be  as  bindinpj  on  the  corporation  as  if  it  were  under  their 
common  seal;  and  the  saul  corpora'.ion  sliall,  from  time  to 
time,  have  power  to  ntak*',  constitute,  ordain  and  estab- 
lish such  by-laws  and  repjuhitions  as  thej  shall  judgR  pro-  nri»w»  »t4 
per  for  the  election  ot  (hi.-ir  cfTicers,  for  prescribing  tlu  ir  "'"'^*'''" 
respective  functions,  and  the  mode  of  discharging  the  sann.e; 
for  regulating  the  times  and  places  of  ineetiiig  of  ♦^I.v  otFicers 
and  tris*>leeo..  an<l  for  the  transacting,  m.iiiagingand  directing 
the  affjiis  of  the  irstilution:  ProaidfJ.,  such  by-laws  and  Proviw. 
reguliiii  iH  i'.re  not  r^'pugnant  to  thi«»  at  .,  to  the  co'istitu- 
tion  aid  laws  cf  this  statr,  or  of  t.'.e  IJnit^-H  Stales  :  /'ro- 
viufd.jnrther^  that  it  sliall  be  the  duty  ji  ine  triisteis  of 
the  s>iid  inrtifuti«)n  to  regulate  the  rate  of  interest  to  be 
allowed  to  the  depositor'?,  so  that  they  shall  receive  a 
ratable  proportion  ot  all  the  profits  of  the  said  institution, 
after  dednciing  therefrom  all  necessary  expen?es  author- 
ized b^  t!ii«  act  to  be  ii.cnrird. 

§  3.  ^ind  be  it  farther  tnacl^d^  That  the  ofnceri:  of  the  b  »m  ot  nwc*- 
said  institution  shall  couiiot  of  a  presidf  nt  and  two  vice-  ^*  *' 
presidents,  who,  together  with  sixteen  trnsteei,  shall  con- 
stitute *  bnard  of  managers,  five  of  w.'.om,  )iro\idt-d  the 
president  or  one  of  the  viiie-pn  sident?  be  present,  as>H'm- 
bling  at  the  lime  and  pldce  Uesignati  u  for  that  jmipo'^e  by 
any  by-laws  or  rrguUiions  of  the  in<:iiiution,  shall  consti- 
tute a  legal  meeting  thereof. 

§  4  *'nd  he  it  Jiirllur  rna'trd^  That  Peter  Page  shall  Fir«i  tnic*.-.- 
be  first  president;  TuthitJ  King  firrt  vice- j)residenl ;  Ben- 
jamin W.  Rdvmofid  secniifi  vice-prt-suipnt ;  Waller  S- 
Gurnee,  CI  irlf-s  L.  Harman,  John  P.  Chapiii,  Thomas 
Ilile,  Cdward  K.  R  idgers,  Amns.  G.  Thrcop,  William  H. 
Blown,  Rilward  I  I'uikham,  Thnmas  li»«*ltmond.  Janif  s 
Peck,  Edmund  D.  Taylor,  Philo  C.  Carpenter,  G.-o.  W. 
Do'e,  Grai.t  G>)odrich  and  Waller  I^.  Newberry  be  the  first 
tr  isiee  ;  who  sijall  c.tn«!titutM  the  first  hoHrd  of  mdiiagers 
of  Sriil  instiiution;  Piid  in  case  of  a  vaeancy,  by  fli  ath,  v»r»iicic«. 
rcsigUHtion  or  otherwise,  among  ihe  said  officers  and  Ixus- 


1S57.  342 

iocs,  5iio!i  rac  \ncy  s'.iall  be  fill»",l  up.  b)-  b..llot,  by  tln^  boanl 
of  lunuag  jrs,  at  ibfir  lir't  rtgulrtr  meotini^  iht  rt  alur  ;  and 
Ih*^  pers\»ii  hivin^  tii'"  innj  >rity  of  llie  wlu.le  mrnb'^r  present 
nnd  votirisj  shall  be  roiisideivd  {15  duly  elfoted,  aiul  not 
olhorulsej  and  t'le  said  board  sba!I.  from  timu  to  tunc, 
aitp'jtnt  an  accountant,  clerk  or  okrks,  and  stioh  other 
o*fi'  crs  and  srrvants  ns  thoy  n  >\v  deem  necisi^ary  for  oon- 
ductlt'i^  the  art'jirs  i»f  tl:f  jii'Stilinion,  tukt»  such  socurily  a3 
tiny  tieein  jirjpt- r,  t\\  the  salaries,  and  remove  ihtin  at 
))lca»iir(>,  and  appoint  others  in  their  j^lares. 

ifavrii       I'M      $ '^^   •/•!</ />tf //y'*'<///fe/*  <*;>rt(7<</.  That  it  may  be  lawful  for 

mtr.^^f:  of  <•  t],g  corjiaratiiHi  to  receive  on  de])o?:it  such  sum*  of  money 
as  may  be  deorpfd  by  any  of  the  courts  of  this  stale  or 
from  bodies  corporate  «d  this  stule,  or  of  irus(e«s,  {guar- 
dian!] or  exeentor*,  [rtnd]  ndtnini'lrator.*,  and  aHow  sucli 
interest  tnereon  as  the  trustees  niuy  see  lit  j  whieh  shall 
be  invi'sted  as  is  provided  in  this  act ;  also,  to  if^ceive  fiom 
individuals,  other  than  is  di»scribcd  in  the  nreamhie  to  this 
act,  sneh  larg«>r  sum;?  of  nioncy,  of  not  less  than  one 
huodrt-d  dollar's,  at  any  time,  and  {vr  vhich  depo.'^it  so 
made  a  certificate  of  dt^posit  may  be  issued,  sij^iu  d  t>y  the 
pre-iidrnl  or  one  of  the  vice-presidents  and  secretary, 
Btatinjj  tho  date  of  the  depT-it,  the  name  of  the  depositor, 
and  the  interest  allowed  ;  whicli  eertilleate  shall  bo  deemed 
ppn>»i.il  property,  and  transferable  at  the  opiion  of  the 
nolJer.  Notioe  of  snob  transfer  simll  be  i^iven  lo  the  com- 
pany at  ill*'  time  and  enJerid  in  the  liooks;  and  the  money 
go  ft..,.  .  ;•,  )  .9hall  be  invented  a^  i^  provided  in  this  act: 
/'/  .it  any  ])arlie3  depo<4itin[;  money,  as  is  pro- 

\  I  ti  Ml,  shall   not  Le  rntiih-d  to  any   further 

J  t  than  the  f.mou!it  or  rate  uj^ieed  njion  at 

th«  timi-  .^uc'i  flep  i«il  i-*  m.ide. 

M.-.>..  ..  .♦  §  tj.  /if.  llfarllur  cmuLi/y  That  this  rrrporation  may 
loan,  from  time  to  titne.  in  such  sums  and  for  such  ptri- 
ods  as  *'  '  e.<i  m«y  ."^ee  fit,  to  the  corporation  of  the 

city  of  '  ',  and   je.-^eive  such  rate   of  interest  upon 

pucb  1(  ;i''o  oti   sums  loiUK'd  on  bond   and   mort- 

gag**  in  f  C'Idcapo,  a-*  i"?  ir)i'ni»one<l  in  the  pr»omblo 

to  thit  at  t,  a^  may  b.  «j»reed  upon  by  the  parlies,  not  ex- 
ceeding t«n  per  rent,  per  atintim. 

atjrwi".  §  7.      //<•  i'  f.irtltfr  cnr:rlnty  That   in    a'ldition    to   the 

re;»'  ••••  itr  whif'h  it  may  tie  lunfol  f(  r  tl  is  corporation  to 
acij'  i;  •,  ?>-(',  l<it,  Kucb  as  shall  h;ive  hern  mojt^Mfjed  to  it 
in  :  ,  t  »r   inoriny    loaned;    2d,  snob  as  Nhall   have 

b»"  ;  t  s.i|M»  upnn  judj^m  tjt«  or  decrees  oblainrd 

or  I  h»''  nK»r»»«y  fo  loHn»'d;  and  all  hucIi  real  e.'itato 

i|o  o'li.ii,. '■  rhnll  Im-  Fold  by  the.  Kiiid  corporatioti  within 
thr»«*  )e»r*  ffl.r  ih.-  jt^fnp  !»hhll  l»«'  v»  K»ed  i;i  it. 

r.<wt«uft«!a'  5  ^'  lie  if  furii,»r  vi\ictnl^'V\\\^  it  sli.dl  he  the  duty 
••^•*'  of  itiH    ciiro'iicd    n  l'>    iii'.«.';f  a*-  /  rxo)  af:    piaeliciihle  such 


UZ  1857. 

deposits  fls  prestirihed  in  tin's  act,  fxcept  an  avaikhlt- 
funtl,  not  oxcceditiiT  tliiit}  ppr  cent,  of  the  total  amount  of 
deposits,  wliicli  tlu^^  iuhv  kot-p  \o  pay  currcnr  deinaii'lp, 
and  wliicli  nia)  be  kept  on  deposit  or  inteiest  et  rot  ex- 
ceeding ten  ptT  c*'1^i.  per  ani.nrn,in  an}  bark  or  'jHnk"»  in 
the  city  o!  Cbioago  inrorporatt- d  by  the  Ie;/i-?latiiU'.  of  this 
state,  or  in  sucli  oth-r  manner  as  ihe  tn^tec's  n:«y  deem 
discreet;  take  pi  isonal  security  tfierrfor  as  they  d«  era 
propel-,  providing  they  shall  n  )t  be  authorized  to  di-;count 
proml-^ojy  n  itfo,  bills  of  exchange,  or  other  couiinorcial 
or  biisines.^  pa|)er. 

S  '.».     lii'  a  f'ttrlhcr  enucfccf^  That  on  the  first    day  of  ^'^''"•■.>''""    * 

•    *  ',  ,  .  1  •  I         «-oriain  cues. 

January  in  eacli  year,  any  aep  »3jtor  or  depositors  wli  > 
sliall  ii»'glect  tj  call  for  or  receive  any  intt;r'??t  witiiin 
twelve  monllis  after  sucli  time  as  the  interest  i^  due  ?iid 
shall  not  have  d-awn  any  part  ofi-Mch  iVpo'^it-',  it  si, all  be 
the  duty  of  tiie  trust*'e;j  to  advertise,  in  two  of  tlie  duily 
pajiers  of  the  city  of  C'licagu,  the  fact,  giving  the  na  ne  of 
Soc!i  depositor  or  de)  ositors,  the  date  of  the  deposit,  the 
amount  and  interest  tiiereon,  for  thirty  da}s,  at  t}.e  expense 
of  such  dep(isiti)rs  rataSly  a[»pcjrtiv)n»'d,  provided  the  inte- 
rest on  any  one  de|>osit  is  not  lejs  tlian  five  dollars,  and 
snch  dej)i3if  and  iiit«Te5t  remaining  unelaimfd  t'venty 
years  from  tlie  da'e  of  su«h  deposit,  shall  dt- posit  the  same 
with  the  state  treasur^'r  fur  the  benofit  of  the  partitv;  i.ite- 
rested. 

§  10.     The  misnomers  of  tlie  sai  1    cor[)r)r.Tti  mi   in  any  Mimomer. 
deed,  gi;t,  grant  or  other  in^timn^nt,  contractor  convey- 
ance sbaW  not  vitiate  'he  same  it  the  corporation  shall  be 
snilic'ently  described  therein  to  ascertain  the  inr^'ntion  of 
the  jjarties. 

§  11.  •.'?;k/  bi  itfnrUicr  enacled,  That  il  shall  be  ^awfdl  "■pmaie^uuinj- 
for  the  si'.id  corporation,  ;.t  their  discretion,  to  piij-  to  any  ""  *' 
dcpo-itor,  being  a  minor  or  fiinale,  snch  siim^  as  ma\  he 
dne  to  such  depositors,  not  exC'^'eding  two  hundrt  d  and  fifty 
doU'irs,  notwithstanding  that  no  guardian  shall  have  been 
appointed  for  such  depositor,  an  1  {hat  the  reef  ij)t  or  a(?- 
q\iitt  Mice  of  sudi  minor  or  female  shall  be  as  \alid  a^  if 
the  '  tmi'  were  e  x  ^cnied  by  a  jiuardian  of  such  minor  (inly 
appointed  or  as  if  tho  hasband  of  siu'i  ft  male,  joined  in 
such  rvjeipts:  Pr.n<i(/<ff,  such  depositsha!!  have  btm  per- 
sonally made  by  such  depositor,  and  not  by  any  other  per- 
son tnr  his  or  her  benefit. 

§  12.  Jliidl'p  iffurlh,  rcnaittd^  That  it  «h.Tli  be  the  ('nty  B^;.>rt  to  a* 
of  the  corporation  to  m^ke  a  report  of  the  state  ot  tlur  funds  ''"'  '*'"'*' 
to  t!ie  Irj^tsldtnre  of  the  ^t«*te,  an<l  the  corpMr.4tnin  of  the 
city  of  f/!ucr\g.>,  in  the  in)nth  ot  .Imuiry  in  each  jear. 
The  books  of  th,?  a^.surM^ii.^n  shall,  at  all  liine«*,  be  op^n 
for  insMtiCti'in  t'»  tliM  aaditor  «»•  the  state  or  <;ueli  of 'irr  jier- 
son  or  pers  jns  whom  th'i  legislature  may,  from  time  to  time, 
apjioinl. 


l?o7.  314 

Art  n«r  t*  i'.  ^  ir».  »•//}(/  fttf  itfurthtr  tnarftdy  Tiiat  iMs  act  i*s  liereby 
2'?tTJ«i!'X'  deolartvl  to  be  a  }>ublic  act,  hik)  thai  lUc  saino  sliall  bo 
coustr.iecl  ill  all  cuurts  aiiJ  places  Jnvorably  nud  b»i\isTnIy 
for  «*ver_v  binefuial  |>ur|)o«{e  theiein  inti  ndtd  :  ,^///(/  jiro- 
tu/tif,  o's  ',  'bi«t  the  lrt;isla'ure  njav,  at  aiiv  tiiuo  herealter, 
auu  lid  or  rf'peal  this  act,  and  dissolve  the  said  corpttration, 
or  vary  or  modify  its  powers,  as  to  liieui  t;liali  seem  fit  and 
proi»Hr. 

$  11.     Thi-5  not  shall  tike  effect  immediately. 
Aivin>v£D  Feb.  10,  l8'>7. 


VaN  Ht  i. 


*w1X*  6 


Aire  aKti. 


AM«f«««. 


r*  JMSS:.  AX  ACT  lo  incorporate  the  city  of  Jacksonville. 

Section  1.  Be  if  rnacfed  hy  the  people  uf  the  state  of 
////'<(/;>,  rtprest  atfl  in  the  GenertU  *'lsse7n!>ly^  That  all 
thdt  distri"t  of  couatiy,  in  the  county  of  Moruan,  and  state 
ot  Illinois,  contained  within  the  present  corpor.ite  limits  of 
the  town  of  Jucksonville,  is  lier^'by  erected  into  a  city, by 

•«»»•  the  name  of  ihe  "City  of  jHcksonvUle." 

§   'J.     The  ci«v  of  Jackson I'ille  shall  he  divided  into  five 

w.rd  iv  1.  War.!?!.  Wrtrd  N-i.  1  shall  cotitdin  all  that  districted  coun- 
try In  inland  beiuj^  within  raid  C(»rporate  limit!  and  west 
Ot  u  line  t\tend«nt5  ali)ng  the  centre  of  l*iaiiie  street  and 
extended  nr-rth  nnd   sonth   to  the  honndiiries  of  faid   cor- 

v.Hy>s.  p>idtion.  WirdlSi.  2  shall  contain  all  tlial  district  of 
country  lying  will  in  said  cor,  orate  li-rils,  ea.^t  (f  ward 
No.  1,  s..!,th  of  n  line  rnnninj^  weft  from  the  centr»i  of  the 
public  sqjarc,  aloni^  the  centre  of  State  street  and  west  of 
a  lire  rnnnini;  south  from  the  centre  of  the  pnhlic  S(jiiare, 
thin^  the  cei.lre  o(  JMai  i  str«  «t,  to  tlie  sotithem  boiii  (lary  of 

wm4  »•  >  s^id  city.  Wrtrd  No. ;)  shall  cont:iin  all  th:it  distiic  t  of  ( dun- 
try  I>ini^  vilhin  said  corporat'-  Iiniits,eu8t  of  word  No.  '1  and 
Bontli  itt  a  li.ie  nninwig  east  from  the  c«n»n  (d  the  public 
square,  al.in^  the  centre  of  State  street,  to  the  ea.»it  bound- 
aries  of  jiaid  city.  Ward  No  4  ^hal.  cont:dn  all  thai  dj.^tiict 
of  cjuritry  Ijinj,'  wifh'n  the  said  corporati;  limit.'',  north  of 
waid  N  ».  ■'■  and  eawt  of  a  liti"  rrnnini^  north  Jrom  the  centre 
3f  III.-  public  srpiarf  and  alotif;  IIm  ci  ntre  of  Miiin  street  to 
tbe  rjfirtli  boui.daiy  of  .s  tid  city.  And  ward  No.  r>  shall 
Contain  all  that  district  of  cuintry  l}ing  within  Raid  coroo* 
ra'w  lirAitf  wejtt  of  ward  of  No,  \  nnd  n'>nli  of  w«r<J  of  No'.  2. 
§  JJ.     There  jcliall  Se  a  c»ty  council,  to  c((nNi"t  <d  a  mayor 

*vi«.  ani  board  of  aid*  rnnri.     Tlie  ma)i)r  sh-ll  he   i  hcied   by 

ttie  <|iJ>ilirir>r}  V'.t»r*ofthf  rity,  and  .nhall  hold  lii.s  othce  for 
oii»*  >«'ar  and  until  hit  siic<e*ii>oi9  Hhall  be  eleeted  and 
qii.ilified.     Th»;   board  of  aldermen   shall    coii'ist  of  ono 


345  1857. 

member  from  each  ward,  to  be  cliosm  by  tbe  qualified 
voters  t!i<'rtM»r,  rcspt- (ttivrl y,  who  sliall  bold  tl  eir  unices 
for  our  year  and  until  tbeir  succe:>S(irs  shall  be  elected  and 
qualifit-'d. 

§  4.     The  qualified  voter?  of  the  city,  at  tbe  times  of  the  our  cicrk  ni 
election  of  mayor  and  abiennrn  iu  each  and   evi'ry  year    "'' *'^<^""*'' 
hereafier,  sliall  'Arr.t  a  city  cb-rlc,  trtf.surfi,   s'l-^rsscr  and 
collector,  marsbal,  supt  rvisjr  and    all  si.'cb  other  otficers 
as  the  city  courjcil  mtiy  dten«  nectspftry. 

5  5.  Jin  J  bi'  it  farther  enacted.  That  an  act  entitled  sprincncM  ch«r 
*'An  ar-t  to  reduce  the  act  incorporating  tlie  city  of  ca. 
Springtirhl  and  the  acts  amendatory  thereof  into  one  act, 
and  to  amend  tbe  same,"  approved  on  the  second  day  of 
March,  A.  D.  1854,  to  wit  :  tlie  present  cliprt^^r  of  the 
city  of  Springfield,  is  hereby  adopted,  assumed  and  enact- 
ed to  bo  tbe  charter  of  the  city  of  Jacksonville  in  all  rr>.-> 
spects  and  to  all  purposes:  Providrri,  that  so  mucli  of  said 
act  and  charter  of  tht,  city  of  Sniinofield  as  is  inconsistent  KxcepUoTmiin 
With  tins  act  sliali  not  be  so  adopted  unn  assumeo:  /  ro-  spiiPRHeiu 
viileiL  far/hevy  that  of  said  act  sections  No.  1  and  o  of  the  "^^''"' 
first  article,  section  No.  o  of  the  second  aiticle,  the  sejond 
clause  of  tiie  first  section  o:  the  sixth  article,  respecting 
school  tax,  article  twelve,  respecting  school  and  sebooi 
fund,  vec.fions  No.  4,  b*,  l!0,  '21,  lI2  wnd  :^G,  atid  so  inueh  of 
sectiiiM  No.  5,  asiviates  to  fines  and  torfeiture?,  upri.  cun- 
victiiv'H  in  'he  circuit  co\irt,  ol  the  tliineenth  article,  aie 
excejj'ctl  and  are  not  by  this  act  adoj^ted  or  assumed  as  a 
part  of  the  ch-irter  of  tbe  city  of  Jacksonville:  ^//r/  pro- 
vu/ed.  further,  for  the  pulpo^e  only  of  adoptinj;  and  ap- 
p'yinj/  «<:ii(l  act  to  the  city  of  Jackj-onvjile,  the  word  ^piiii};- 
field  or  Sangamon  sliali  be  stricken  out  wherever  tli<^  simio 
anpears  in  said  act,  and  tbe  wird  Jacksonville  or  Morji^an 
shall,  respectively,  be  inserted  in  tlieii  stead. 

§  0.  All  ordinances  end  rrsolntions  passed  by  the 
presiilent  and  trustees  of  the  town  of  Jack«ionvilie,  i  ow  in 
forci',  and  not  inconsistent  with  tfiis  act,  siiall  r«  main  in  hill 
force  Mritil  the  same  sliall  have  been  repealed  by  tbe  city 
conn'  il  hereby  created. 

§  7.  Tiie  pre<'ent  board  of  trustees  of  the  town  of  Jack- 
sonville sliall  have  power  to  make  and  enforce  all  ordi- 
nanci--;  iiercafter  for  the  town  of  Jacksnj.ville  until  the  city 
counf^il  shall  have  repealed   the  same. 

§  8.     All  .Tct.ons,  fines,  pennities  and  forfeitnrt-s  which  Fi"<".    foruu 
have   iccr.iod  to  the  piesident  and   trustees  of  tbe  town  of   "'*''*"• 
Jack-oi  vdle,  fjr  the  use  of  the   irdiabitants  of  said  town, 
shall  lie  and  the  same  are  her*  by  declared  to  be  vested  in 
tbe  I  fk-r^  oration  hereby  cieated. 

§  '.  This  act  "shall  not  invalfjate  any  a*  t  or  act''  done 
by  llo-  |)r»'y(  nt  or  any  futiner  pre^-ident  and  trnsie.s  of  tbe 
town  (tl  Jacksonville,  nor  divest  thcTi  of  any  rir^hls  which 


ir.iy  liav?  aocriiril  to  tliom  prior  to  tlic  tlrae  this  act  shall 
tak«^  » rtVct. 

§  10.  All  sn»(.-«now  poiiHiug  for  any  violation  ol  any  of 
tl>e  ortliMnm  es  ot"  tLe  tov.  n  of  Jrtolcsciniile  shall  and  may 
be  jifosecined  the  same  as  it'  tius  act  Imd  rtvcr  been  pas- 
Sf  tl. 

T«w« p'or*-.?.  ^  11.  All  prnprrty,  real,  prrfional  or  mixed,  belonging 
to  liie  town  ot"  Jncl.sonx  ille,  is  hereby  vested  in  the  cor- 
poration created   by   this  act. 

Tin*  ct  h^Ml^.^  ^  12.  The  pre^ient  board  cf  trustees  of  the  town  of 
J;ii  ksonvillefh»l),  ter  days  h<fi)retht  tiri:t  Moiiday  of  April, 
A.  D.  1857,  ordf  r  to  be  Ijehl,  bhd  there  shall  be  held,  an 
election  on  the  first  IM'-iiidjy  of  April,  A.  D.  Ibol,  in  each 
Ward  ot  the  city,  at  Siich  place;  in  ea<  h  ward  as  liiay  be  ap- 
pointid  by  said  l.oar.i,  lor  mn3or,  alocriPUj  hr.d  other  city 
ot^ieer?,  w!.o''e  ofhci^  are  elective;  a).d  forevej  iherfrtfter 
the  election  for  all  city  officers  jihall  hi-  hnlJen  on  the  fi.st 
^londay  rf  April  of  each  year.  Tlie  fir^t  electioij  for 
luayur,  alde/nien  and  other  otlicers  sliull  be  held,  coi.'duct- 
ed  and  returns  thereof  made,  aecoroin^  to  tlie  order  and 
dir^-elicu  of  thu  present  board  of  trustees  of  the  town  of 
Jacksonville. 

(J  13.  Tiie  fore(;oinj}r  provisions  of  this  aet  slial!  take 
effect  on  the  fiist  Mot  day  of  April  next  :  ProviJt (/,  if  a 
in:ijor»y  ol  the  baIlot<5  to  be  deposited  as  heruinalter  pvovi- 
ded  .v-hdil  be.  "  ajjainst  the  citv  charter,"  then  this  act 
shii!!  be  of  no  foree  or  eflVet  whatever. 

j|4iif>nio  er  Ui«  ^  11.  Xl.c  present  bo^rd  of  trustees  of  the  town  of 
Jack«onvi!l«  shiH,  ten  days  before  the  second  Monday  of 
Mdrch,  .\.  D.  IvJvT,  ordrr  to  be  held,  and  thcie  t^lrall  be 
he'd,  im  i!ie  t;ec(^nd  Morulay  of  March,  A.  D.  I8.'i7,  an 
clerti  in  in  the  town  ol  Jacksojiville,  at  the  u?iial  place  of 
lioIdii);»  elr.  tionsj  acrordin;^  to  the  rules  and  oidinances 
of  said  tojvVy  at  whic'i  election  all  buna  fnf''  residents  of 
111**  town  of  Jackson^  ille,  enlitled  to  vote  under  the  con- 
fli'ution  and  laws  oi  this  state  and  under  the  ordimnccs 
of  5Hid  towt.,  inf;y  «  xpress  their  )U'If;inint  and  choice  in 
re^"*rd  to  tni"*  act,  by  drpositii.g  in  l!ie  ballot  box  tiieir 
LallotK,  with  th"  words  "|..rth«j  city  chartti,"  or  *'against 
the  city  charter,"  whieh  f  h-cticn  blirfli  be  held,  contlucted 
and  re'nrni  thereof  made,  accordinfr  to  tiie.  ordi  r  ai:d  di- 
r»-cti(in'<  of  the  present  board  of  Ir  ustenn  of  the  town  of 
Ja.  k^cn\  illej  and  wiirr  t' e  re'-ult  of  saiti  eh  c'.ion  is  so 
a^er*!  tain»^d  Ine  pr»'^idfnt  bud  trustees  of  paid  bonr«l  shall 
publicly  arnounr»!  thir  "am*-.  Ttiis  Beclion  shall  ti'ke  ef- 
fect froia  and  after  itn  pa<i4(ige. 
ArpRovkD  Feb.  10,  X^.'jI. 


347  1857. 

AN  ACT  to  incorporate  the  Fieopc:t  Manufachir'ng  Cjnripany.  F?b.  ic,  I3ff7. 

Skctjon  1.     Be  it  e.niidcd  h\j  the  popk  of  the  stafe  if 
IHiinisy  reni'esoitfJ.  in  tht   General  ^/hfcmhhj.   That  Joliu 
A.  Clark.  As.ilit'l   W.  Rioe,  Ili^iden   Piitmim,  A.  Cameron  :.'.mc3  of  tni*- 
Hiiiit  ami  M;ittliias   II .^ttiiiLj'jr,  the  |)rn'»itleijt  and  tru'^tees    '^''^'" 
of  the  Freeport  M  uiufacturiog  Company,  a  company  or- 
ganized on  tlie  first  day  of  DcCnmljer,  in  the  year  of  our 
Lard  one  thouisaiid  fi»ht  hundred  and  fifty- five,  at  Free- 
por^,  iu  \.\\\  county  of  Stephen'ton-  under  and  by  virtue  of 
an  act  entitled  "An  act  to  autlutrize  tiie  formation  of  cor- 
porations [for  maiiujacturing,]  agricultural,  mining  or  me- 
chanical purpose-',"  aj)provoti  February  iOth,  A.  D.  1840, 
their  a'^ociutes,  successorr:  a. id   assigns,  aio   here!)y  cre- 
ated a  body  corporate   and  poliiio,  l)y  tlio  name  of  "Tiie  siyio pf  lueorp*. 
Freeport   Manufo-ctunng    Conip<uiy  ;"  and    by  that  name    '^''''-"• 
sh'ill  have  sucocssi)n  for  the  term  of  forty  years,  and  shall 
be  capable  in   law  oi  contractir  g  and   being  contract'id 
with,  suing  and  being  sued,  delV^ncing  and  being  dtlended 
in  all  courts  and  places,  and  in  all  inr^lters  »vhalsuevcr,  and 
they  may  hive  a  commji:  soal,  and  alter  and   change  the 
same  at  pleasure. 

§  2.     Ti' J  said  corporation  shall  have  power  to  acquire,  p^w  rs  ofocrp*. 
hold,  occupy  and  enji)y  all  such  renl  and   person.il  estate    "Uon. 
as  may  be  necessary  to  promote  the  objects  of  jaid  cor- 
poratiju,  and  oi  conveying  tlie   same   at  pleasnre:  Pro- 
viiUJ,  that  ihey  shall  n  )t  ht  any  one  time  hold  more  ihau 
one  iiundred  and  sixty  acres  of  land. 

§  o.  The  capital  stock  of  said  company  shall  be  thirty  Aimnntof  capi- 
thousand  lollirs,  divided  in'o  thr?e  iiundred  shares,  of  oi.e  ^'"'''-'^*' 
hundred  dollars  each,  but  the  stdd  corpo.ation  shall  have 
power  to  increase  tiieir  said  capital  stock  to  any  sun,  not 
exceedi.ig  two  hundred  thousand  dollars,  to  bi.  subscril»ed 
for  and  paid  in  such  manner  and  in  such  pi  nportion  as  ^hnll 
be  prescribed  by  the  by  laws  end  rules  oi  said  corporation. 

§  4.     Said   corporation  shall   have   power  tj   erect  all  FmMion        tt 
mills,  machine-s!iops  and  nianufactori.s  deemed  necessary    ''"'''^"'8* 
by  said    corporation,  to    be   proj)olled    by  sieam    or  other 
power;  to  purcliase  raichinery  of  any  and  all  kind*'  to  be  Puf'iiBo  of  m»- 
U3ed  iu  s:iid  mills,  machine  shops  ar.d   manufactories,  and    ''""®'"^* 
to  carry  on  mdnuf^cturing  iu  all   itS   brariches ;  and  said 
corporatJou  shall  have  power  to  lea<?e  and  rent  any  and  all  Lri»'«  and  wt 
of  their  said  mill?,  machine-shops  and   manufactories  and    '^"" -■""*• 
macliinery  to  any  perjon  or  p'^rjons,  as  said  corporation 
may  deem  best. 

§   ').     S.iid  corporation  is  hereby  authorized  to  m  ike  nil  R-.-.i-aiinm    of 
such  rult^5,  by  li^ws  and  rfguhtions,  not  incon^isunt  wi'h    *''«"^"fPor«UoB. 
the  constitution  of  this  state,  as  they  shall  t.iink   pr  »per 
and  nece^jsr.rj  rospi-cting  tlu^  manng'^fni  nt  and  ilis,)i(->-ition 
of  the  stock,  property  and  estate  of  said  oorjioration  j  the 


1S57.  348 

duties  of  the  ofHcers.  artificers  and  agents  to  be  emjdoj-ed; 
tlie  mirn:jfr  :-n(i  elcctioii  oT  directors,  and  all  tsucli  matters 
as  appertain  to  the  interests  and  coi.ccrns  of  the  corpora- 
tion. 

§  G.  Whenever  theliolders  of  two-tl>irds  of  the  capital 
sfock  of  the  Freeport  Manuiactuiing  Company,  (meaning 
t!ie  company  organized  on  the  fijst  day  of  Dectmher,  A. 
D.  18.>5,  as  set  forth  in  tlie  first  section  of  this  act,)  shall, 
by  an  instrument  in  writing,  to  bti  entered  on  the  records 
of  said  company,  sigTiify  their  acceptance  of  this  act,  then 
said  company  shall  become  the  corporation  created  by 
thi?  act,  and  all  persons  owning  stock  in  the  former  com- 
pany shall  hecomc  owners  of  a  like  amount  of  stock  in  the 
corporation  created  hereoy,  and  all  property  owned  by 
the  former  company  shall  then  become  the  property  of  the 
corporati:  n  created  by  this  act,  and  all  actions  ana  rights 
of  r.ction  which  have  accrued  to  the  former  compnriy  shall 
be  vested  in  and  prosecuted  by  the  corpor^^tiun  hereby 
created.  And  the  corporation  hereby  created  shall  be 
liable  for  all  tiie  debts  and  obligations  of  the  former  com- 
pany. 
eertiflc*u of  «c-  ^7.  A  certificate,  signed  by  the  secretary  of  the  said 
•^^^.r'r  ^"'2t  r)rra  .-r  company,  certifying  tiiat  an  instrument  in  writi.ig 
accepting  this  act,  has  hctn  executed  and  recorded  as 
provided  in  sec'.ion  six  of  tt;is  act,  by  tiie  holders  of  two- 
thir(l55  of  the  capital  stock  as  aforesaid,  shall  he  recoided 
in  the  office  of  the  clerk  of  the  cirt'uit  coT\rto(  Stephenson 
conntN,  a  certifi<  d  copj'  of  which  rocord  shall  be  conclu- 
sive evidence  of  the  accejjtance  of  this  net  as  hereinbelbre 
provided,  in  all  cour's  and  |  laces. 

§  8.     This  act  shall  he  deem^^d  u  public  act,  and  shall 
be  in  force*  from  and  after  its  passage. 

Approved  Feb.  10,  1S.';7. 


fcb.lO  1257.       AN  ACT  in  relation  to  r«>r'nin  slrnrls  in  »he  original  town  of  Belvidcre, 
'    '    '  iti  llif  courity  of   Brioiie. 

Skction  1.  Be  it  ciKvt'.d  h\j  the.  penpfe  of  the  ^tale  of 
Illinois,  rcprPHPHlKl  in  tic  (Icneral  t,'I.se  hly^  That  it  shall 
irime»»f»trceu,  J,,.  t|,,,  duty  of  the  board  of  supervisors  of  the  county  of 
Boone  to  ord^-r  that  so  much  and  such  parts  of  McComb 
fitre.n,  Marshall  strefit  and  Harrison  sir^tt,  in  ihc  origi- 
nal town  of  Belviderr,  in  ihe  county  of  Doone,  as  lie  vvt,st 
of  the  westerly  line  o'  State  street,  nnd  so  much  of  Wc.-it 
street,  in  said  original  town,  a:J  lies  west  of  the  w(  sterly 
line  of  Van  Bure'i  street,  and  so  much  and  such  parts  of 


349  1857. 


Kishwanlree  street  and  Pearl  slrpet  as  He  north  of  the 
nortlierly  line  of  Jackson  street,  in  said  origiiia!  town,  or 
any  or  eitliur  of  said  parts  of  said  streets,  be  vacated  as 
public  streets  whenever  the  owner  or  owners  of  al!  tlie 
lands  adj  jjning  the  part  or  parts  thereof,  so  to  be  vaca- 
ted, sliall  make  application  in  writing  for  sucli  order. 

^  2.  *-2ndbc  itfurllier  tnructcd,  That  it  shall  be  the  duty  oiheT  stre«u 
of  the  said  board  of  sapervi-?ors,  at  tlieir  next  session  °^'"*''' 
after  the  j)as?age  hereof,  to  order  tliat  so  much  of  Main 
street  and  B)oae  v^treet,  in  said  original  town  of  Belve- 
dere, as  lie  and  are  included  in  the  limits  of  the  public 
square,  in  the  said  original  town,  be  vacated  as  public 
str -ets. 

§  3.    Tbis  act  shall  take  effect  from  and  after  its  passage. 

Approved  Feb.  10,  1857. 


AN  ACT  to  lej^alize  the  acfs  of  the  county  court  of  Cumberland  coiirty,  Feb.  10,  i8ffT. 
ill  cuiuieclioii  with  the  ppnnireiit   location  of  the  county  seat  of  Raid 
cour.ry   at  tlie    town   of  Prairie   City,  and  in   providing  the   necessary 
public  buildings  at  such  county  seat. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj  Acts iegaii»«i. 
I/linuis,  represented  in  the  General  Jiasemhly^  Tfiat  all 
the  acts  of  the  county  court  of  Cumberland  county,  by  it 
done  ill  and  about  the  permanent  location  of  the  county 
seat  of  said  county  at  the  town  of  Prairie  City,  in  said 
county,  and  in  pr.-pa/ing  suitable  public  buildings  at  said 
county  seat,  be  and  the  same  are  hereby  legalized  and  con- 
firmed, and  the  county  seat  of  said  county  siiali  henceforth, 
until  otherwise  legally  provided,  be  permanently  located 
at  the  said  town  of  Prairie  City;  and  all  such  public  offi- 
cers, records  and  archives  belonging  to  said  county  as  are 
now  required  by  law  to  be  kept  and  secured  at  the  county 
seats  of  the  counties  ia  this  state,  shall  be  located,  kept 
and  secured  at  the  said  town  of  Prairie  City,  and  not  else- 
where. 

§  2.  That  the  acts  of  Alexander  G.  Caldwell,  acting  ^cts  of  a.  a. 
clerk  of  the  county  court  of  said  county  of  Cumberland,  CaidwcuieW 
appointed  by  said  court  upon  the  removal  of  Admiral  K. 
Bociworth,  who  was  elected  clerk  of  said  court,  be  and  the 
same  are  hereby  declared  as  legal  and  valid,  in  law,  as  if 
done  and  performed  by  a  clerk  duly  elected  and  qualified, 
as  by  law  provided. 

§  3.      This  ac't  shall  be  deemed  a  public  act,  and  take 
effect  and  be  i-^  'orce  from  and  after  its  passage. 

Approved  i'eb.  10,  1857. 


r«t   I  ,  :::t.      aK  act  to  «rthorix»  ihe  trustees  of  Rush  Medical  C('ler«  to  uake  a 

timmi.::  \V:;>Kr.vs  tlic  trustees  of  Rush  Medical  College,  i,f  the 
city  of  Chicago,  in  tltis  state,  have  contracud  a  con- 
siderable iiiiUbtetiiie&s,  in  the  ertctlon  of  uildiiions  to 
tlifir  foUr^e  l»uildiii<;«?,  in  mid  cit\,  aud  ctrntcinjiiute  the 
ntCei^sily  uf  tlie  t  iciioii  of  oll.er  buildii)e»f  ami  impiove- 
intMits  upon  tlifir  college  giounds;  tL^rtforc, 
Skction  1.  Jie  ii  cuactcd  by  ihe  ])€( j)le  vj  the  sfcte  qf 
l/tiuoiff  reprcttttttJ  in  iln'  Gtutral  tissi'thf/t/j  That  tiie 
sai^l  trustt-^s  shall,  in  (heir  corporate  cupaiitj,  have  full 
p.-»\ver  Hr.J  Luthority  to  b«»jrc\v,  fri  w  time  to  tiiiiP,  nny  sum 
of  meney,  Lot  txccetiii.i;  in  all  the  si.ia  of  filfy  tliOU?and 
doliaif,  lor  pueh  period  of  time  c^  ihey  may  elect,  at  a  rate 
oi  interest  not  cxcecdirg  ten  per  cej.tuin  per  pniium,  pay- 
able aitnually  or  seiuiaiiutihiiy,  at  sucli  place  or  jdHces  as 
they  may  contract,  for  tlit  purpose  of  liquidating  their  pre- 
sent iridebteUneiS,  end  fnr  fny  otberuses  of  the  said  college. 
^  2.  In  case  of  any  lorn  oi  loans,  ui.der  the  j>rovisions 
cf  this  act,  the  .Tald  tru-iees  <hall  have  tidl  and  an»ple  pow- 
er to  execute  all  such  bond^'  or  other  obligati'^nr,  and  :  Iso 
Securities,  by  way  of  niortj/Bpe  or  olherwi:>f,  upon  the  \  ro- 
pe rty  of  said  college,  as  ui&y  be  lequititc  and  j)r<5per  for 
SUch  purpo'e. 

This  act  to  be  in  force  from  and  after  its  passage. 
ApiT.ovEi;  Feb.  10,  1857. 


W4k.  10,  iK"7.      AX  ACT  to  tu'Jioriie  Mirliacl  C.  Pnikfr  to  raise  a  mill  daui  aiid  con* 

vtruct  a  nice. 

Section  1.  fir  H  f-nnrlid  hy  tlir  pmph  of  fhc  st(tfr  af  lUi- 
no/s  rrprcstrJrJ  in  the  (itjirrdl^r/ssttuhfyy  That  it  ?liall 
f»e  lawful  for  Michael  C.  Pcirk«T,  or  for  I  is  heirr:  or  a?? igitS, 
for  the  more  surcep>'ful  and  ndvantflfjo'in'!  U'^j  of  lie  water 
power,  at  tlir  mill  dr-m,  on  Fox  riv»  r,  at  the  vi"ap;e  of  Troy, 
lo  the  county  of  K(  ndall,  to  rai^e  said  n.ill  dam  a"?  n.uch 
•«  hi*  or  they  ni;iv  d«ein  benefieial,  by  biiiUling  the  same 
|)ij;her,  or  by  takiiig  down  said  diim  nud  builuir  g  aiutlier 
CD  or  fi»nr  the  ftan:e  ^ite,  ovru<F.  Fox  river,  with  .such 
abutments  Ri.d  furroundings  ar"  m.'iy  be  necff^^•uty  to  the 
gucresfrful  carryirg  or  «  l  the  bf.«in(H«  of  giist  n/il!.'',  Kaw 
milN  or  other  Wrtru.laitnring  purpo;  e?  ;  .'.i.d  it  sliall  also 
be  lav/ful  for  l.im  or  <lt<m,  for  tl.c  jairjioce  of  u.'ing  the 
walci  from  nucli  dam  advpntngcouply,  to  construct  a  race, 
of  Kuitablc  capacity,  oi»  th*»  w*.st  gidc  of  said  river,  from 
f«id  dam  or  its  po'il,  to   any  print  or  points  on  the    wcat 


351  185T. 

siilc  of  Fox  river,  between  said  dam  and  the  ptibllc 
bridge*  across  Fox  river,  tt  0:iWt'go  :  Fruvidi  d,  that  sued 
dam  shall  not  in  any  event  bo  raised  to  such  height  as  to 
interfere  with  the  use  of  the  wnter  power  of  the  mill  dam 
next  ahovj  said  d?.in,  and  wliicli  was  formerly  occupied 
by  Daniel  Gray,  now  deceased,  nn  1  siuiatrd  at  or  rit-ar  the  • 
villat^e  of  Mi^ntrora'jry.  Ami  it  isfurlh.rprovi'hcfy  tliat 
said  Michael  C.  Parker,  his  heirs  and  assigns,  shall  niako 
just  crtinpen.-ation  to  all  persons  wliosc  lands  sljall  be  taken, 
overfl.nved  or  injuriously  affected  by  anything  done  in 
virtiin  of  this  act.  , 

,^  2.  The  said  M.  C.  Parker,  or  his  rcpresenlatives,  on  Dunaeci  fl>«< 
the  oao  hand,  or  the  owner  or  owners  of  any  land  f>i">  taken,  liuamajio.'^'''** 
overflowed  or  injuriously  alfe^^ted,  or  any  one  or  more  of 
them,  en  the  other  hand,  may,  by  bill  in  chancery,  have 
the  ainjunt  of  such  junt  compensation,  to  be  ?o  made  to 
such  ownor  or  owners,  or  any  one  or  more  of  t'n^ni,  jc- 
spect«\'cly,  a^cerluihod  and  fixed,  and  the  payment  and 
acceptance  thereof  enforced. 

§  ;i.  Tho  judge  of  the  circuit  court  may  appoint  com- 
mlsiioncrj  to  examine  sucli  premises,  or  a»iy  of  them,  wnd 
to  ha-e  surveys  of  the  same  made,  and  tore[»crt  the  facts, 
and  the  opinion  of  cuch  commijciioners  a.'  to  the  proper 
amv)unt  ot  suoh  compensatiun,  or  to  report  the  facts  alone. 
And  the  judge  of  the  circuit  court  may  hear  proofs,  ei'her 
orally,  by  deposition,  or  hy  ex  parle  a/fiJavits  placed  on 
file,  as  to  tho  condition  and  value  of  such  land,  and  the 
manner  and  extent  of  their  being  taken,  ovfi  flowed  or 
affociod,  and  by  any  or  any  part  or  all  tlie  foregoing 
mode^,  ascertain  and  nx  and  decree  wiiat  comper.satioa 
shall  b«  made  in  such  cases  rej'pectively,  and  shall  make 
such  decree  and  such  orders,  from  time  to  time,  as  may 
c?rry  out  the  purposes  of  this  act,  in  a  manner  just  to  all 
parties. 

§  4.     This  act  sliell  bri  in  force  from  and  after  its  passage. 

AiPRoVED  Feb.  10,  iyo7. 


AN  ACT  tuiliUA  An  act  to  arrenJ  ::n  act  ci.tiMcd  "An  act  to  incorporate  ^  .    ,.   ,„, 
the  :N'..uvro  and  V.'arsdw  Railro^.U  compatiy"  afjrovLJ  Feb.  iO,  1M9.       '--•  ^^'  ^^'* 

Sec'Iiox  1.     Be  it  evaded  hi/  Ihc  vcuph  nf  the  sfate  of 
n/in: iffy  represented  in  the    General  \'hsembiy.   That  the  AuacrUyof  .h. 
charttr  o(  t!ie  Warsaw  and  Rcv  kfor:'.  RniLoad  Company  be    ^■^■''■'•^i  «»"«*- 
and  t!'e  same  is  hereby  so  amended  lj  t-i  Putliorire'i'.nd 
empower  said  company  to  connect  their  said  voad,  or  any 
branch  thereof,  and  to  consolidate  the  same  with  on}  rail- 


1S5T.  8ii2 

roa<l  now  cpn^trucleil,  or  witioh  in.jy  licrrafter  l)e  con- 
5tnii'»ei»  lo  or  c«»imfrlnl  \jtli  i\uy  iiiilrortd  luimih^  to  the 
iHUiit."  tlirtt,  l>y  llie  cliai  ttT  of  tlie  Srtiil  W<usa\v  ;uicl  Kock- 
l»ir«l  KailroHd  Comj  anj  ,  or  ;uiu  ndinents  tlierelo,  said  com- 
|ij'.ny  w*ia;»lliorizt»l  to  oonstruet  its  said  railroud  or  liranch 
to  AtuI  the  boarit  of  directors  of  said  company  are  Uereby 
authorized  and  empowered  to  lease  or  transft'r  suid  road, 
or  aiiv  j>art  tii«  reof,  to  any  otlier  eorporation  or  jx-rson,  to- 
getlier  uitli  all  lilt  j.owirs,  ri^lit^^  and  prixilegt-s  wliioh,  by 
the  several  acts  ol  llie  legislature,  are  conferred  upou  said 
coiiipniiy. 

ArpRuvKD  Fob.  10,  1857. 


lo^isyr."     AN  ACTgrintIng   the  right  of  \v.-\y  to  tho   Peoria  and  Hannibal  Rail- 
road Company. 

Section  1.  De  it  enaded  hij  the  people  of  the  xtate  of 
I//tiioa<,  reprtsrutt'd  in  the  Gttieral  *'2.sscml>ti/,  Tiiat  the 
Peoria  and  Ilannilial  Railroad  Company  shall  have  the 
ri^ht  to  iiNC  so  much  of  the  grade  and  right  of  way  of  the 
P.'orid  and  \V;ir"?a\v  Railroad  Company,  and  al>;o  of  all 
land?  belonging  to  the  state  of  Illinois,  as  may  he  neces- 
sary for  the  construction  and  operation  of  two  tracks  of 
railway  over  the  same;  and  the  same  is  hereby  granted  to 
the  said  Peoria  and  Hannibal  Railroad  Company  for  that 
i)urpo^e:  Pr>>vi(/i(t,  that  this  grant  shall  he  construed  as 
Ijot  to  interf»Te  witli  a.-iy  railroad  li'ack  airt  ady  <;onstiuct- 
ed  on  any  of  the  lands  hereby  granted;  and  the  P<'oiia  and 
0<|uawka  Kailrjad  Comj)any  sh.ill  also  have  the  right  to 
Jay  and  u|H-rate  two  tracks  of  railroad,  side  by  fide,  as 
near  tog.-lher  as  safety  will  pcr'nit,  over  tho  same  lands, 
and  in  no  other  manner. 

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

Approvko  Feb.  ItJ,  1857. 


n^ie,UST.  AN  ACT  to  change  the  name  of  Jane  N.  Drockett. 

SrcTioN   1.      /if  it  enacted  hi/  the  peop/e  i.f  the  state  of 

JllinniH^    reprcsrnlcd  in  Ihr    (/'nierat  Jls,srndilij,  That  tliC 

x«--'     .  jamc  of  Jane  N.  lirockctt,  of  White  coiinty,  Illinois,  be 

end  the  samp  in  herebv  changed,  for  all  purposes  whatever, 

to  tlje  name  of  Jane  N.  Rice. 

Thii  act  iliBil  take  effect  and  be  in  force  from  and  after 
\\i  pa<«sagc. 

Affrovkd  Feb.  10,  1867. 


353  1857. 

AN  ACT  to  incorporate  the  Fowler  Femnlc  Institute.  Fob.  lo,  1887. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
ll/inois,  represoited  in  the  General  Jlssenihhj^T\\A\.  Henry 
R.  Fowler,  of  Newark,  in  the  cuiinty  of  Kendall,  ai  d  swell 
person  or  persons  as  are  now  or  may  liereaiter  became 
sole  t)r  joint  }»roj)rietors  ot  tlie  buildings  and  grounds,  sit- 
uate in  llie  village  of  Newark,  in  the  county  of  Kendall, 
in  tiie  state  of  Illinois,  known  as  the  ''Fowler  Feinble 
Institute,"  his  or  their  heirs  and  a-signs,  be  and  they  are 
hereby  created  a  body  politic  and  r-orjjorate,  b^  the  name  no-iy  pontic  and 
and  style  of  the  "Fowler  Ftmale  Institute  j"  and  by  such  ''^'■''"'^*'*'- 
name  shall  have  perpetual  succession,  and  shah  be  capable, 
in  law,  of  suing  and  being  sued,  pleading  and  being  iui-  General  po^^er•. 
pleaded,  in  all  courts  and  places;  and  of  taking  and  jioid- 
ing,  by  gift,  grant  or  devise  or  otherwise,  or  of  pureiic*sing, 
holding,  leasing  and  conveying,  both  in  law  and  equitj, 
any  estate,  real,  personal  orinixed,  not  exceeding  in  value 
fifty  thousand  dollar.-',  as  may  be  devoted  and  used  or  the 
acccnunodation  and  maintenance  of  educational  purposes, 
connt'cted  with  said  institute,  and  no  other,  free  from  tax- 
ation, for  any  or  all  purposes  whatever;  to  adopt,  have 
and  n^e  a  common  seal,  and  alter  the  same  at  pleasure  ; 
to  make  and  alter,  tiom  time  to  time,  at  pleasure,  such 
rules,  as  they  may  deem  proper,  for  the  government  of  the 
said  institution,  not  inconsistent  with  the  constitution  and 
laws  of  this  state  and  the  United  States,  or  the  exercise 
of  the  powers  herein  otherwise  conferred, 

§  il.  The  educational  department  of  said  institution  Board i,nnut««i 
shall  be  under  the  control  of  a  board  of  trustees,  three  in 
number,  who  shall  hold  their  offices  during  such  time  and 
be  elected  or  a[)po'nted  in  such  manner  and  at  such  times 
as  t!ie  said  corporators,  by  b}  -laws  or  rule  of  said  corpora- 
tion, in  writing,  shall  direct;  and  any  of  said  trustees,  for 
immi  ral  or  other  conduct  deemed  inconsistent  with  the 
character  of  a  trustee  of  said  institution  or  detrimental  to 
the  character  or  prosperity  thereof,  may  be  removed,  by 
a  vote  of  the  corporation,  and  their  places  filled  by  said 
corp  -rators. 

§  :;.     A  majority  of  said  trustees  shall,  at  all  times,  con-  Q««nim. 
stitute  a  quorum   for  the  transaction  of  business  ;  and  they 
are  hereby  vested  with  authority  to  establish  and  maintain, 
in  connection  with  said  institution,  a  school  or  schools,  for 
the  education  of  the  youth  of  either  or  both  sexes,  in   all 
or  any  branches  of  literature  or  science  us(;ally  taught  in 
colleges,  seminaries   or  common  schools;  and  shall  have 
power  and  authority  to  confer  upon  the  pupils  such  diplo-  fewer  to  coif«r 
mas  or  other  evidences  of  literary  or  scientific  attainments   *^»"*°"** 
as   shall   have  a  tendency  to  encourage   thoroiighnoss  of 
scholarsliip  among  the  pupils,    or  shall  be  useful  to  them 
—43 


18S:.  864 

in  the  various  tlt^partment?  of  active  life  to  wliic^i  tliey 
may  be  calloti  Tttty  shall  al.«o  have  authority  to  pro'ure 
anil    ina'crt    all    snitible    aCv'oininodations    ami  provisions 

rr«fo*or«  »-.!  for  ilie  accommoil rttiou  of  saiil  schools  ;  to  scloct  lh(»  j»ro- 
»«*j.»:.or».  fessors  or  instructors  ;  to  fix  t!ie  amount  anil  proviso  for 
tluir  compensation,  and  to  dismiss  then  at  j)lt>asun  ;  to 
rcr;iilate,  establish  or  alter  tho  ciuirse  of  instruction  ;  to 
nguiute  the  price  of  tuition  and  the  hours  of  stuily  and 
instruction  ;  to  establish  rules  for  tie  conduct  of  the  pu- 
j'ijs  ;  and  for  acts  of  inunorality  or  irrct'-ilarity  on  the 
part  of  any  pupil,  to  suspend  or  exj)cl  said  j)upil  from   the 

os^tr*.  institution;    to    appoint   a    treasurer  and  such   othi  r  otfi- 

Cefi?  «s  they  may  deem  necessary  for  the  convenient  man- 
agement of  the  educational  departmt-nt  of  said  institu- 
tion, and  to  re(juire  and  take  of  them  sucii  security  for 
the  f.iithru!  discliarge  of  their  duti.s,  respecli^ely,  as  they 

Mje*r'  »»i  pr^-  shall  deem  proper.  They  shall  have  control  of  all  moneys 
and  property  belonging  to  the  echicatioiial  depaitment  of 
said  institution,  atid  may  appropiiate  and  dispose  of  the 
s.Tmc  for  any  purpose  coiinccted  thevcwilh,  not  inconsii- 
t^nl  with  t!ie  terms  of  any  donatim  tlipreoi ;  but  all  stib- 
scriptions,  donations  or  let^acies  to  said  institution  shall 
not  De  diverted  from  but  shall  be  fiii'lduliy  h?ld  and  a]i]>lied 
to  '.he  purposes  and  uses  prescribed  by  the  terms  of  said 
Fubsciiption,  donation  or  devise,  and  upon  dissolution  of 
said  corpo;atinn  shall  revert  to  the  donor  or  donors  tliereof 
or  theii  legal  representatives,  if  not  otheru'is(>  provided 
for.  Tiie  Srtul  trustees  shall  ha'e  and  exercise  all  poWi;r 
and  control  over  lli»^  tducationai  dcpariment  cf  said  insti- 
tutiori,  not  otherwise  conferred. 

*ir^^!ilt«r^  §  *  The  ^ttid  trustees,  by  the  name  and  style  of  the 
Trustees  of  the  F<>whr  Female  Institute,  shall  have  and 
exercise  corporate  powers  for  c.'\rrying  out  and  exercising 
all  the  powers  herein  vested  in  them,  Ky  suit  or  otherwise  ; 
and  in  their  corjtorate  caj.acity  shall  he  held  liable  for  all 
acts  do:,e  by  thvin  utider  the  provisions  of  this  act.  Tiiey 
Fliall  also  have  power,  in  their  said  corporate  capacity,  to 

■>«4i  mMptma.  t^ke  afid  hold,  by  gif*,  grant,  devise  or  purchase,  property, 

^       '■        r'-'il  or  [tcr^otial,  fcr  the  benefit  of  tin   educatii)na!  ('epart- 

ment  of  Muid  in'^tihiticn,  iu\(\  use,  dispose,  lease  or  convey 

the  same,  for  the  benefit  of  the  same,  not  inconsistent  with 

t!je  tcrnii  of  the  act  by  which  it  was  acquired. 

Kt»«tiKA  frvm  ^  5.  The  property  of  the  corporators  of  said  institution, 
not  belon;;ing  to  the  educalional  dejiarl'ncnt,  shall  he  ex- 
empt fr«;m  execution,  except  upon  contracts  vr  lialolities 
growing  out  of  the  satoe,  so  long  as  it  shall  be  held  f(*r  the 
U3?>  ai.d  purposes  in  this  act  aut!iori/.ed;  nor  shal!  the 
wanie  or  rraid  carporators  be  held  liable  for  any  contractor 
liMbility  of  the  trustees  of  naid  institution;  nor  nIibII  the 
trujlcei  or  the  properly  belonging  to  the  educational  de- 


855  1857. 

parlment  be  liable  for  cnj  contract  or  liability  of  said  cor- 
j)orators,  or  be  sultject  to  txecuiijn,  txcent  upon  con- 
tracts or  liabiTtifs  of  said  trustees  ;  nor  shall  any  Moneyg 
01  property  of  tlii"  institution,  donated  or  held  in  trust  for 
a  specific  pur|)ose,  be  liabbi  to  execution,  except  upon 
liabilities  accruing  out  of  the  matter  or  purpose  to  which 
said  m.Tn3}s  or  property  were  donated. 

§  0.  The  capital  st<;ck  of  the  corporators,  wlienever  Capital itook 
they  may  desire,  may  be  divided  into  shares  of  fifty  dollar? 
each,  wliich  shall  h*^  personal  property  in  the  hands  of  the 
holder  thereof,  and  shall  be  transferable  on  the  books  of 
the  corporation,  and  the  holder  of  said  stock  shall  be  en- 
titled to  one  vote  for  each  sliare  by  iiim  so  held  at  all 
meetings  of  tiie  stockholders. 

§  7.  The  trustees  of  said  corporation,  for  the  purpose 
of  promoting  the  interests  of  i-aid  institution,  may  create 
and  establish  scholarships  therein;  or  may  create  a  capital 
slock  and  divide  the  samt«  into  sha'es,  in  a  similar  miuiner 
a?  provided  in  tlie  foregoing  section,  and  shall  have  power 
to  ])resciibe  the  privileges  ^o  which  the  holders  of  shares 
shall  be  entitled.  Or,  by  agrrtm<nt  of  the  said  trustees 
and  corporators,  the  two  departments  of  said  institution 
may  be  consolidated  and  divided  into  shares;  and  upon 
such  consolidation  the  provisions  of  this  act,  referri.ig  lo 
each  department  b'cparalely,  phall  govern  and  control  them 
TV  I  en  consolidated,  so  far  as  applicable  ;  but  the  irr.stces 
shall  have  and  exercise  all  tlie  }>owers  conferred  Ujjon  the 
corjtorators  or  trustees. 

§  8.     Reverend  William  C.  Willing,  Horatio  Fowler  ind  Term  of  on.*. 
George  W.  Hartwell  are  hereby  created  the  first  trustees 
of  said  institution,  and  shall  hold  their  respective  offices 
till  successors  are  elected  aiid  qualified. 

§  'J.  This  act  shall  be  taken  and  held  to  be  a  public 
act,  and  shall  be  lioerally  construed  for  c  irr}  ing  into 
effect  the  powers  therein  conferred,  in  all  courts  .aid  places, 
and  shall  be  in  force  from  and  after  its  passafre. 

ArrkovED  Feb.  10,  lb57. 


AN  ACT  (o incorporate  the  towfi  of  Washington.  F«b.  lo,  1867. 

Sectton  1.  Be  it  enacted  by  the  people  of  the  state  of 
l!lin<>i<i,  reprc.^entpj  in  f/ic  General  .'hscm'lj/,  That  the 
inhabitants  of  the  town  of  Washington,  in  the  county  of 
Tazewell,  and  state  of  Illinois,  are  hereby  constituted  a 
body  politic  and  corporate,  by  the  name  and  style  of  "The  B»irpoiiu«  >i>4 
President  ind  Trustees  of  the  Town  of  Washington;''  and  •"^'•^ 
by  that  name  auJ  style  shall  have  perpetual  succession ; 


r.r  .-.? 


0  •■'9>r«Ujo  liiB- 


ISoT.  856 

aiid  w  \y  lt^»e  and  msp  a  common  seal,  which  they  rany 
chani^.'  anti  alter  at  |)leasnrf,  aiul  in  \v\  om  tin*  jrox  rrmnont 
of  t'lf  corj'iTation  sliall  b.»  vestcil,  and  by  whom  its  ali'airs 
$!ja'!  be  ni'inai^eii. 

v^  "J.  The  inhahitants  of  said  town,  by  th-^  name  and 
jtyle  aioresaid,  may  sno  and  be  sn»d,  imphaded,  «lt  f<  nd 
and  be  deffiult-d,  in  all  courts  of  law  or  equity,  and  in  all 
actii)ns  whatevt-r;  and  purclii.si',  reci'i\  e  and  hold  jtroperty, 
real  and  personal,  witt  in  or  beyond  the  limits  of  said  town, 
f(  r  burial  grounds  and  for  other  public  pnrj)oses,  for  the 
use  of  the  inhabitants  of  said  town;  and  niaj  sell,  lease  and 
dispose  of  property,  real  or  personal,  for  the  benertt  of  said 
town,  and  improve  and  protect  such  ])roperty,  and  to  do 
all  things  in  rrlation  thereto  as  natui  al  persons. 

^i  ;>.  Thut  all  those  tracts  of  land  euihraced  within  one 
sqnar«^  mile,  including  the  town  of  \Vashin«;ton,  shall  be 
included  within  the  limits  of  said  incorporation  :  the  north- 
east <  orncr  of  section  number  twenty- three,  in  township 
numbor  twtntysix  north,  ran^e  three  west  of  the  third 
principal  meridian,  to  be  the  centre  of  said  S(juare  mile: 
Provu/ed,  neverfhi/cssy  the  president  ai»d  trustees  of  said 
towu  may,  ot  any  time,  by  ordinance,  prescribe  other  and 
ditlVrent  boundaries  for  said  town,  not  exceeding  two  miles 
square. 

§  i.  That  there  shall,  on  the  first  Monday  of  March 
next,  be  elected  rive  trustees,  and  on  every  first  Monday 
of  March  thereafter,  who  shall  hold  their  otfic«'S  for  one 
year,  and  until  their  successors  are  duly  elected  and 
qualified,  and  |>ublir  notice  of  the  time  and  |)lHce  of  hold- 
ing ?aid  »Iectior)  shall  be  gi%  en  by  llie  |iresi<lent  and  trus- 
tees of  said  town,  by  an  ad vertisemeit,  published  in  a 
new'*i'8per  in  said  town  or  posting  it  up  in  at  least  three 
of  the  most  jMiblic  places  in  said  town;  the  first  notice  of 
el»  ction  to  be  given  by  Daniel  Miles  or  by  any  the  qual- 
ified voters  in  the  town.  Albert  Kldred^e,  James  Smith, 
n.  IJ.  M.  Wilson,  E.  M.  Applegate  and  Hai/illa  Allen,  or 
any  three  of  them,  shall  prescribe  the  mariner  in  which  the 
election  or  elections  for  the  organization  under  this  char- 
ter shall  be  conducted,  and  tfie  boaid  of  trustees  shall  prc- 
•cribe  the  manner  in  which  all  suhse(|uent  elections  shall 
ivsx».vc.  be  conducted.  No  person  shall  be  elected  a  trustee  of 
said  town,  who  has  not  arrived  at  the  age  of  twenty-onfl 
year>*,  arid  who  has  not  icided  in  said  town  one  year  nixt 
preceding  his  election,  and  wli<>  »s  not  at  tin-  time  thereof 
a  hunnftde  freeholder  in  said  town,  and  moreover,  who  bag 
not  paid  a  stale  or  county  tax  ;  and  all  white  free  mole 
inhabitants  over  twenty- one  years  of  age,  who  have 
resided  in  said  town  six  months  pr»'ceding  an  election 
shall  be  entitled  to  vote  for  trustee-;  and  the  said  trustees 
shall,  t\  their  first  meeting,  ])roceeil    (o  elect  one  of  their 


tVMUr- 


357  1857. 

own  body  president,  and  shall  have  power  to  fill  all  va- 
cancies in  said  board  which  may  be  occasioned  by  iJeatli 
or  resignation  :  Pruvidtd^  the  vacancy  shall  not  exceed 
three  months.  All  vacancies  which  shall  occur  lor  a  VitcanciM. 
longer  tim;'  the  hoard  shall  give  ten  da)s'  notice  that  an 
election  will  he  held  lor  tli*^  jiurp)sc  of  filling  said  vae.iMcy. 
The  trustees  shall  be  jiulges  of  the  election,  qualifioaiiorjg 
and  returns  of  tiieir  own  members,  a  majority  oi  whom  sliail 
constitute  a  quorum  tr.  do  business,  but  a  smaller  number 
may  adjourn,  from  day  to  diiy,  and  compel  \.\\i  altHndauce 
of  absent  members,  in  such  manner  and  utider  such  per\:il- 
ties  as  they  may  provide,  and  punish  tlieir  members  for 
disoivieily  conduct,  and  by  vote  of  three-fifths  of  the  whole 
number  idected,  e?^pel  a  member;  and  make  sucti  other 
rules  and  reejuhitions  for  their  government  as  to  them  may 
seem  proper  and  exj)edient. 

§   r».     The  president  and  trustees  of  said  town  shall  have 
power, 

First — To  cause  i.ll  the  streets  and  alleys  and  public  Roc-j  i..b^. 
roads  within  the  limits  of  said  town,  to  be  kept  in  good  re- 
pair, an<l  to  this  end  )h»^y  shall  re<juire  every  male  resident 
of  Said  town,  over  the  age  of  twenty- one  years,  to  lubo"  on 
the  same  not  exceeding  tliree  diiys  in  eacii  and  e\  ery  y»  ar; 
and  if  such  labor  be  insufficient  tor  that  purpose,  to  appro- 
priate so  much  from  the  genen'.i  t'unds  of  the  corporation 
as  they  shall  deem  necessary  tiiertfcr. 

Second —  I'o  open,  altfT,  vacate,  wid^n,  extend,  estab-  str««tu  tm  *i- 
lish,    grade,     pave   or    otherw\?e    improve,    any     streets,    '^'''" 
arenues,  lanes,  alleys  or  public  roads,  within  the  limits  of 
said  town. 

Third — To  make,  const ru'^t  and   keep   in  repair  side-  sidewaiH":    wd 
walks  or  pavements  in  front  of  any  lot  or  lots  adjacent  *o    •'^"^'"*'""- 
any  street  or  streets  in  said  town,  and  to  levy  and  collect 
a  tax,  from   time  to   time,  upon  the   lot  or  lots  in  front  of 
which  sueii  sidewalks  nr  pavements  are  or  shall  be  ordered 
and   |)r")po3ed  to  be  made,  constructed  or  kept  in  repair  : 
Provided^  such  t;ix  sliall  be  on  such  lots   proportioiiate  to  PryTiao. 
the  length  of  their   rf'spective   fronts  ;  and    until  the  said 

f>resident  and  trustees  shall  provide  by  ordinance  for  the 
evying  and  collection  o^  said  tax,  they  sii'ill  enter  upon  the 
records  of  the  corporation,  v/!ienever  they  shall  desir?  to 
collect  such  tax,  a  resolution  tliat  Pieh  tax  pIuII  be  levied 
and  collected,  and  tlie  number  of  the  lot  or  lots  upon  which 
the  tax  is  proposed  to  tx?  levied,  and  the  amount  upon  each 
lot  i  and  a  «  ertified  ropy  of  such  resolution  shall  bo  filtd  in 
the  office  of  ii  e  clerk  of  t!ie  county  court ;  it  shall  then  be 
collected  in  the  manner  provided  in  th;'  ninth  section  of /u^ 
act  entitled  "An  act  to  iiK'orporatc  towns  an^"!  ct'ies,'*  ap- 
proved February  tenth,  \^V\  for  the  collection  of  other 
corporate  taxes. 


r.t^. 


1?67.  S58 

»»M^  Fourth — To  levy  and  collect  taxes  \ipon  all  pro]>crty, 

real  and  juT.sonal,  within  tlie  limits  of  said  coiporution, 
not  t'Kccfdini;  oLp-liall"  per  ci  nt.  per  umuni  upon  the  as- 
sessed \alue  therev^f,  ntid  niav  entorce  the  pajitient  tliere- 
ct  in  any  manner,  to  be  presciihed  by  ordiuiMiee,  not  re- 
pugnant to  the  constitution  of  the  United  S'dtes  and  of  this 
state;  but  until  they  proviilt-  by  ordinance  for  enforcing  the 
pa)  ment  tliereof,  tliey  shall  he  rv)llected  in  the  nitinuer  pro- 
vided by  the  ninth  .section  of  tlie  act  afore:?aid. 

*^-'«'«-  Fijy/i — To  restrain,  reguhite  or  prohihii  the   running  at 

large  of  any  cattle,  jjorse,  shei  p,  swine,  goats  and  otlier  ani- 
mals, and  to  authoiize  the  disti'dinir.g,  intpoundingand  sale 
of  the  same,  and  to  proiiibit  any  indecent  exhibition  of 
horses  or  other  aninuls. 

omc*.  Strfh — To  j)reve:it  and  regulate  the  running  at  large  of 

dogs,  and  authori/e  the  de.-muclion  ot  the  .same  when  at 
large  contrary  to  any  ordinance. 

Rij.cj  ttsi  dr;-       Sti'iiif/i — To  prevent  horse  racing  or  any  iinnrjoderate 

'~  riding  or  driving,  within  tlic  limits  of  said  town,  ot  horses 

or  other  animals;  to  prohibit  the  abuse  of  animals;  to  cotn- 
ptl  persons  to  f;«sten  their  horses  or  other  animaLs  attached 
tc  vehicKs  or  otherv/ise,  while  standing  or  ren:ainiiig  in 
any  street,  alley  or  ptiblic  road  in  said  town. 

F/ir'ifh — To  establish  and  maintain  a  public  pound,  and 
aj)poiiit  a  ])ound  muster  and   preseribr*  his  duties. 

»\^in,'li — To  lic»'nse,  regulate  and  prohibit  all  exiiibitions 
of  common  sh:)wmen,  shows  of  every  kind,  eara\  ans,  cir- 
cu>es  ..iid  »  xhibitii<ns  and  Tinusemfuts. 

Tinth  —  To  prevent,  suppress  and  piohibit  an}'  riot, 
afi'r<t\,  distuibance  or  disorderly  assemblages,  assaults,  as- 
fau'i:*  and  batieries,  or  shooting  within  tlie  limit;^  of  said 
tow. I. 

KatM'<'-  lU-iiiitli — To  abate  rind   remove  nuisances  and   j)unijh 

the  authors  lh<  reof,  and  to  deiine  and  declare  what  .>>liail 
be  derme!  nuisanv  eo,  and  authoit/e  and  direct  tho  num- 
mary abatement  tli^r''of. 

»  .MM^  7VryM — To    make   regulations   to   prevent   the    intro- 

duction of  contngioiM  diseases  into  town,  and  execute  the 
same  f'»r  any  distance  .lot  exceeding  two  miles  from  the 
liirin  thereof. 

•      •       •  'J'/uriicnth     T(j  refjuhle  the  s'ujrage  of  gunj)owdir  and 

oilier  combustible  materials. 

ri  «  Fnurlretilh  —  To  provide   for  tlie  prexen'ion  and  exlin- 

gui<<hmen*.  of  fires,  ami  tf)  orgcui/e  and  e'-ti-blish  fire  com- 
patii^s. 

■'•«*•.  Fiflrruth  —To    provid'    the   town    with    water,   for    the 

extidguishuient  of  fire*,  for  the  convrnjence  of  the   inhabi* 

SiTlernth  —  To  proi'idi;  ^>>r  inclosing,  im|)roving  and 
rr^iiUting  all  public  ({tounds  and  othrr  lands  beiongmg  to 
•aid  U}Mx\. 


%      *M. 


359  1857. 

Serc7itee}ifh — To  providft  for  erecting  all  needful  build-  rubiio  buikunB* 
infi;s  lor  the  use  of  said  town. 

E/'^htrenth — To  restrain  and  proiiihit  all  descriptions  of  '-'"'in* 
gain^)linf!j  and  fraudulent  device,  and  to  suppress  and  pro- 
hibit billi  ird  table'^,  bail  alleys  and  other  gdming  estiiblish- 
ments. 

A'invtrvnlh — To  suppress  and  prohibit  disorderly  houses,  '''"""'-rir 

II  f    11    r  hou»e«. 

or  groceries,  and  houses  ol  ill-tame. 

Tirvntietli — T<»  make  al!  necessary   regulations  to  se-  neaiui. 
cure  the  general  health  of  the  inhabitants   thereof. 

Tirchtij  first — To  suppress  a'ld  prohibit  the  retailincr  or  ^i-'riuouB 
selling,  bartering,  exclanging  and  Iranicot  any  wme,  rum, 
gill,  branilj,  whisky  or  other  intoxicating  liquors  within  the 
limits  of  said  town  :  Pruvidid,  that  they  may  allow  huna 
fide  druggists  to  sell  the  same,  in  good  faith,  for  purely 
medicinal,  mechanical  or  sacramental  purposes,  and  for  no 
other  purpose. 

Tirvntu-svrond — To   appropriate  and    provide    for  the  r  i.t<«   and  ex- 
j)ayinent  oi  any  debtor  expenses  ot  the  town,  and  to  iix 
the  comj>en''ation  of  town  officers. 

Tictntij-thl.rd — To  make  all  ordinances  which  sliall  be  OrJinanc«s. 
necessary  and  j)ro|,er  f)r  carrying  into  executicn  the  pow- 
ers specified  in  this  act  or  which  tluj  mav  detm  necessary 
or  expedient  for  the  better  regnlatinn  of  the  i'lternai  ])olice 
of  said  town,  and  to  execute  the  same  ;  and  to  impose 
fines,  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance or  any  ot  the  provisions  of  this  act,  and  to  provide 
for  tlie  recovery  and  approp-iati  'U  of  ?uch  fines  and  for- 
feitures and  the  enforcenunt  of  such  ])enalties:  Pruvidid,  Proviso, 
that  in  no  case,  L'xce[)t  in  assault^,  assfults  and  batteries, 
riots  or  affrays,  shall  any  such  fine  or  penalty  exceed  the 
sum  of  twenty- five  dollars  for  an)  one  off»'nce. 

§  t].  That  the  president  and  trustees  of  ?aid  town  sliall  To^ncvnst»Li«. 
havn  power  to  appoint  a  town  coustable  for  baid  town, 
whose  duty  it  shall  be,  when  so  appoint^^d  aiid  sw.irii  into 
office,  to  execute  anywhere  in  the  county  of  Ta/ewell,  any 
writ,  process  and  precept  which  may  be  issued  against 
person  or  persons  for  tlie  violation  of  any  ordincnre  of  said 
corporation,  and  to  an  est,  on  view,  any  and  ail  ])erson3 
wliJ  may  violate  the  :>ame,  a-id  to  take  them  befoie  any 
jiislice  of  the  peace  of  said  town,  and  crdlect  any  fine  for 
forfeit\ire  and  p*-nalty  which  maybe  assessed  or  recovered 
for  the  use  of  said  town:  Pruridfd,  ihdit  any  other  corsta-  p.»viio. 
ble  m  ly  execute  any  process  issued  by  any  justice  of  the 
peace  by  virtu'i  of  tins  act ;  al-?n,  to  appoint  a  clnrk,  treas- 
UTLT,  ."^treet  commissioner,  board  of  lu  alth,  and  all  other 
offii'ors  that  may  be  necessary,  and  to  presciiht*  th.ir 
duties,  and  may  require  bond  from  the  several  officers  for 
tlifc  fdithful  discharge  of  their  dutits. 


1857.  860 


Ttwn  rWmrU. 


lof.>;ia-« 


§  7.  TIh^  president  aiul  triistees  sliall  require  tlieir 
clerK,  aiui  it  sliail  he  liis  diaj ,  tt)  iiinke  ami  kt't>|)  a  lull  aud 
fdill.t'til  rerord  of  all  Iheir  proceedings,  b^-laws  and  ordinan- 
ce?, and  of  the  tinif,  place  md  manner  of  the  publication  of 
sucii  ordinances  and  by-law.^,  in  a  book  to  be  prt)\idid  for 
tlut  puipo-^e;  and  soi*li  book,  ])i:r|>orliiit;  to  be  the  record 
of  the  corporation  of  the  town  ol  Wasliington,  shall  le  re- 
ceived in  all  ronrts,  without  Juither  proof,  as  evidence  of 
all  such  matters  tlareiik  contained.  And  all  ordinances  be- 
fore taking  effect  shall  be  j>ublisi»ed  at  least  ten  days  in  ft 
newspaper  published  in  said  towri,  or  by  posting  up  ct.pios 
of  the  sime  in  thrte  of  the  most  public  places  in  said  town. 
rma.:.x**  »n<J  "j  8.  Any  fine  or  ]'enalt\  or  torfciture  incnired  nnder 
this  act,  ora:iy  by- laws  or  ordinances  made  in  pursuance  of 
thi:>  act,  or  of  any  act  that  may  be  passed  amendatory  to 
this  act,  may  be  recovered,  tor;ether  with  costs,  befor*  any 
justice  of  tlie  peace,  in  the  incorporate  n;  me  ;  and  [the] 
several  fines,  forfeitures  or  p»  nalties,  Jor  breach  ol  the 
same  ordinances  or  by-laws,  not  exceeding  one  hundred 
dollars,  inay  be  recovered  in  one  stiit:  and  the  first  pro- 
cess shall  be  a  summons,  utdess  oath  or  affirmation  be  made 
for  a  warrant  by  some  cre<lible  person;  but  in  all  oases  ot  as- 
sault, assault  and  battery,  affray  or  riot,  a  warrant  shall 
issue  for  the  arrest  of  the  oircnderor  offenders,  iu  the  same 
manner  as  for  like  offt^nces  against  the  laws  of  the  state.  It 
shall  b«'.  lawful  to  declare  general!^ ,  fnr  debt,  for  such  fines, 
penalties  or  forfeitures,  stating  the  clause  of  this  act,  or  the 
ordinance  or  by-l;<w  under  v/liich  the  same  are  chiimed, 
and  to  give  the  sj)ecial  matter  in  evidence  under  the  de- 
cI:*r;;tion;  and  ti.e  justice  shall  firocei'd  to  hear  and  (l«  ter- 
Hiine  tlie  case  a.^  in  other  cases.  Upon  the  rendition  of 
judgment  for  any  such  fine,  penalties  or  forfeitu»-es,  the 
ju'ticn  shall  issue  his  execution,  for  the  same  and  costs  of 
suit,  wiiich  may  be  levied  ujxm  any  personal  property  of 
the  defendunt  or  d»f»ridants  not  e\«  nipt  from  extcution. 
If  the  constable  shall  return  upon  such  execution  **no  pro- 
perty found,"  then  the  justice  of  the  peace  j\\b\\  issue  a 
cajinn  against  the  body  of  the  defendant  or  difendants, 
and  the  constablt  s'.iall  arrest  stjch  person  or  persons  and 
CDinniit  him  or  lli'-in  to  the  jail  of  the  cojuity,  to  remain  l»rty- 
eighl  hiturt;  and  i(  the  ju<lgm»'nt  and  costs  exceed  fixti  dol- 
lar«<,  the;,  to  remain  in  close  custoiiy  in  raid  jail  tw«  nty- 
ffMir  hours  U'T  every  two  dollars  over  and  above  the  said 
fiv<»  dollars,  and  f  o  in  proportion  to  the  amount  of  the  jndg- 
f7*«iw.  roent  aud  coj>tw  :   Prtjri'cil,  hoinvrry  if  the  said  president 

nnd  ♦ruste*-",  or  tin  ir  attorney,  shall  require  a  transcript 
of  th»;  judgment  and  costs  to  be  (  ertifif(i  to  the  clerk  of 
tlie  circuit  '.-onrt  of  the  proper  county,  to  have  the  same 
levied  upon  real  estate  and  signify  the  sume  in  writng  to 
liim,  he  shall  not  isiue  a  Ci/j//tjiHn  aforesaid,  but  fhall,  with- 


361  1857. 

out  delay,  certify  a  transcript  t!)ereof,  and  all  \he  procepd- 
ing:?  tlierenf,  according  to  law,  to  such  clerk,  wliicli  shall  ho 
filed  juid  recorded,  us  in  other  c;ii>'es;ai)d  such  jiu^gment  shall 
have  ihe  saiae  force  and  effect  as  judgiuents  rendered  in 
the  circuit  court:  Pruvidid^    an  appeal  may  he  granted 
within  five  dajs  alter  the  rendition  of  judgment,   with  the   ineai. 
same  force  and  effect,  rights  and  ])riviltges,  to  all  parties, 
as  in   other  cases. 

§  \).     The  justice  of  the  peace  and  constable  who  may  kcc«. 
render  service  under  this  act  shall  be  entitled  to  the  same 
fees  and    Ci)llect   them  in  the  same  manner  as  i<?  or  may 
hereafter  be  provided  by  law  in  other  cases. 

§   10.     The  president  and  trustees  shall  not  be  requir-  security  for co»i« 
ed  in  suits  instituted  under  this  act,  or  ordinances  passed 
by  virtue  thereof,  to  file  before  the  commencement  ol  any 
3uch  suit  any  security  for  costs. 

§   11.     All  fines,  forfeitures  and  penalties  received  or  lin^sjiie. 
collected  for  the  breach  of  any  ordinanee  of  thi^  act  shall 
be  paid  into  the  treasury  of  said  coiporation  by  the  officer 
or  person  receiving  or  collecting  the  same. 

^   1-.     Tlie  inhabitants  of  said  town  are  hereby  exemi)t-  B.ud  labw. 
ed  from  working  on  any  road  beyond  the  limits  of  the  cor- 
poration, and   from  paying  any  tax   »ii)On   propeity  within 
its  limits  to  procure  laborers  to  work  upon  any  siich  road. 

§    l^).      This  act  is  hereby   decla:ed  to  be   a   public  art.  i  -jiicaoi. 
and  may  be  read  in  evidence  in  all  courts  of  law  or  equi- 
ty within  this  state,  wilt  out  proof. 

§14.     Tins   act  to  take  etiect  from  and  after  its  passage. 

Approved  Feb.  It.',  1857. 


AN  ACT  hiakine:  provij-ion  tliat  WiUiatn  R    HowpU,  Jospph  M.  Howell  Fob.  10,  1867. 
and  Duiiiel  M.  Howell  may  be  niado  heirs  of  William  Briil. 

Section  1.  Be  it  enacted  by  the  people  uf  the  state  tif 
lUiixiis,  repreftin/ed  in  t/ie  Genera/ *^f(<tt?nb/i/.  That  Wil- 
liam R.  liovell,  Joseph  iV».  Ilowel)  and  D-iniel  M.  Howell,  v.-eheirt. 
whu  are  now  living  with  William  Brili,  in  Johnson  county, 
Illinois,  shall  be  and  are  hereby  made  and  constituted  !»- 
gal  heirs  of  the  said  William  Brill,  with  full  power  and  ai;- 
thority  to  take,  hold,  erjoy  and  transmit  any  and  all  prt  - 
pertj  that  shall  or  ma>  descend  to  them  Irom  the  saiil 
WilliiiOi  Brill  in  the  same  manner  as  if  thr^  hiid  l)een  l*'" 
natural  born  cliihirm  of  the  said  Wiili^m  Brill;  rnj'idtd^  r'.»ieo. 
that  the  said  William  Brill  shall  first  execute,  under  his 
hand  and  seal,  an"  acknowledge  before  some  justice  of  the 
peace,  cl^rk  of  the  circuit  couit,  or  cleik  of  the  county 
court  of  Johnson  county,  a  certificate,  certifying  aod  »c- 


MltUM. 


1S57.  rti2 

knowU-ilijiiiiX  the  sai  1  William  R.  Hmvell,  Joseph  M.  TIow- 
t'll  ariil  i^iniol  M.  Howell  lo  be  liis  lej;al  heirs  ami  aJopt- 
eJ  sous,  both  in  law  and  equity;  which  s.ml  certificate  .•-liall 
be  recorded  by  t.ie  reconier  ot"  Johnson  county  tin.'  same 
as  deeds  and  other  writings  are  required  to  be  recorded, 
and  certified  copies  thereof  sluill  be  evidence  in  all  courts 
and  places. 
Euiiu  tod  u»-  S  'J..  Tliai  when  William  B»  ill  shall  have  made  the  cer- 
ttncate,  as  sprcihed  in  the  lirst  section  ol  tins  act,  and 
caused  the  same  lo  be  filed  for  record  in  the  recorder's 
oti'ice  of  said  Jounson  county,  he  shall,  trora  that  time,  havo, 
iisc  and  txercise  all  the  rij^hts,  powers,  privileges  and 
dutit-s,  and  be  subject  to  all  h'^nl  liahiiitics  o\er  and  con- 
cerninij  sai. I  Wdliim  R.  Howell,  Joseph  M.  Howell,  and 
Daniel  M.  H  >weil,  as  if  they  wer«  the  natural  born  c!>ild- 
ren  of  said  Willium  Brill;  and  the  said  William  R.  How- 
til,  Joseph  M.  Huwell  and  Daniel  M.  Howell  shall  be  sub- 
{'••ct  to  the  saUiC  control  of  said  William  Brill,  and  to  legal 
.abilities  and  restraints  under  Iiini,  as  if  fhey  were  ihe 
natural  born  children  of  said  \\  illii.n  Brill,  until  they  arrive 
at  the  age  of  twenty-one  years. 

^  3.  Ti?  act  shall  bo  a  public  act,  and  so  taken  and 
deemed  in  all  courts  and  jdaces,  and  shall  be  in  full  force 
from  and  after  its  passac^e. 

Ai'PRoVED  Feb.  10,  1857. 


Fj*.  19,  IVt.       /^■^  ACT  to  Ugalizf  ibe  iticorporation  of  the  town  of  Ponllac,  in  Livlngs- 

loli   cmility. 

SucTic.N  1.      lie  li  ctiucfiil  hi'/  tlic  jjvdpic  (if  tlic  slate  oj 
IllinuiH,  represeuied  in  the    General  %^Issemhltj^  That  the 

P/*y"'|°**  organisation  of  the  to^n  of  Ptuitiac,  in  Livingston  county, 
made  on  the  IJili  day  of  Febru-iry,  A.  I)  ISftd,  under  and 
by  Virtue  (jf  the  provisions  of  cliapter  li.*  (d'  the  Revised 
Statutes,  be  and  the  same  is  hereby  leg  ili/,','d  and  con- 
firmed. 

»i«rtM«of  inu-  k  2  The  eh'ftion  of  tru'ittcs  ami  other  officers  of  said 
town  IS  hereby  legdlized  and  confirmed,  and  the  organi- 
zaiiuM  of  ^.iid  nv/n  shall  be  in  all  respects  as  valid  as  if 
the  Viite  of  the  ci  izen?  of  faid  lown,  in  relation  to  the  said 
org.inf^dtion,  t.)k»*n  on  the  tltli  day  of  Frl)ruary,  A.  D. 
18r><',  had  beer*  taken  by  ballot;  and  the  tnistees  and  other 
officers  of  said  town  shall  h<dd  their  offices  in  the  same 
mtniiera*  ifrluy  had  be»-n  elccti'd  iit  the  munncr  prescri- 
bed by  said  eh.ipter  i-';    »f  tlie   R»  vise'l  St.itutes. 

Ij  ?,.     Tlii<  act   tot-ke  effe'^t  aud  he,   in   force  from  and 
»ft«T  \*%  pai^age. 

Ai'Hovi.r>  Feb.  l'»,  1867. 


i««  adoBrrnvd. 


803  1857. 

AN  ACT  to  confirm  the  sale  of  certain  swarnp  lands  therein  named.      Ftu.  lo,  1867. 

Skction  1.  lie  it  enacted  hy  the  •people  nj  the  state  of 
Jllitiuis^  represented  in  the  General  Assemhhj^  That  any 
sale  wliich  may  have  been  her^'t(»l()le  made  by  the  Jrain-  3B:D«iogauied. 
age  coininissioner  of  tl»e  county  oi  Lake  of  swamp  land  in 
townships  forty-five  and  forty-six,  in  range  nine,  in  said 
county,  at  private  entry,  be  aud  the  same  is  hereby  declar- 
ed to  be  leqal  and  valid;  and,  upon  presentation  of  the  cer- 
tificate of  such  sale  to  the  clerk  of  the  county  court  of  said 
county,  said  county  court  is  authorized  and  recjuiied  to 
execute  to  the  puicharer  of  said  lind  -x  deed  of  convey- 
ance of  the  same,  which  deed  shall  pass  to  such  jiurchaser 
and  vest  in  him  ali  the  title  and  interest  whicii  said  county 
of  Lake  may  have  in  and  to  said  land. 

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

AppROVEi)  Feb.  10, 1857. 


AN  ACT  to  authorize  the  buildinp  of  a  bridge  across  the  Illinois  river,  Feb.  lo,  1367. 

at  Peru. 

Section  L  Be  it  enacted  by  the  people  of  the  stale  of  Illi' 
nois,  represented  in  the  General  */issejn/)ly.  That  John  L. 
McCormick,  Huron  D.  Brewster,  William.  B.  Daj,  Wil-  corporatcrj. 
Ham  Evans,  Frederick  Raiser,  William  Rousch,  Jonathan 
Fullis  and  Wesley  John-'on,  or  either  of  t!um,  and  their  or 
his  associates,  are  hereby  created  a  body  pcjitic  and  cor- 
porate, by  tlie  name  and  style  of  tie  *'Illmoi«  River  Bridge 
Company,  of  Peru;"  and  by  that  name  shall  liave  per^>eti;al 
succession;  may  sue  and  be  sued,  plead  and  be  impleaded, 
in  ail  the  courts  in  this  state;  contract  and  be  contracted 
with;  may  make  all  needful  by-laws  and  rules  for  the  gcv- 
ernmeijt  of  the  said  company;  fix  the  amount  of  th^  capital 
stock  thereof  at  any  nmount  r.eccSSTry  to  cairy  into  effect 
the  provisions  of  this  act ;  provide  for  the  man?g  .ment  of 
the  affairs  of  the  company,  and  appoint  all  otficers  and 
agenl.8  deemed  necessary  for  tliat  j)urpose. 

S  2.  The  said  company,  after  its  orgrnization,  shall  Election, 
consist  of  all  pe'-sons  wlio  .^liall  become  stockholders 
therein;  and  in  managing  all  the  affair"  of  siid  company 
each  stockholder  shall  bo  entiled  to  one  vote  for  each 
share  of  stoc  k  held  by  l.im;  at.d  in  case  any  town  or  city 
shall  become  the  holder  of  any  of  said  stock,  as  lierein- 
aftr T  provi  led,  said  stock  dhall  be  repre.^enfed  by  the  su- 
pervisor of  such  town,  except  as  to  stock  held  by  the  city 


1857.  364 

of  Poru,  which  sliall  be  represented  by  the  mayor  of  said 
city,  aocirdiui;  to  the  direction  of  tht>  couikmI. 

Bi.4ce.  §  •>.     The  SHid  compaljy,  when  orjrauizi'd,  may  constnict 

and  maintain  a  bridge  over  t!>.e  Illinois  rivur,  at  Peru,  in 
La  Salle  cou.ity,  at  the  point  where  White  street,  extend- 
ed south,  will  intersect  said  river;  and  for  the  purpo-ic  of 
erecting  and  maintaining  such  bridge  and  all  such  embank- 
ments, toll  houses  a-id  dwelling  houses  for  toll  collectors, 
and  such  other  works  as  may  be  necessary  for  said 
bridge,  the  said  company  may  use  so  much  of  said  White 
street,  Wutt  r  street  and  south  of  Wuier  street  or  the  Sviuth 
side  of  the  river,  atid  of  the  area  and  shores  of  said  river,  as 
may   be  necessary. 

%*fxit.  §   4      Tit  said   company   shall,  at    all  times   after  the 

compIeticM  ot  s.iid  bridge,  keep  tlie  same  in  good  npair, 
and  allow  a  spe»>dy  passage  to  all  comers,  with  their  ani- 
mals and  vehicles;  and  if,  at  any  time,  said  bridge  shall  be 
out  of  repair,  so  that  the  same  shtll  be  impassable,  for  the 
space  of  three  months  at  any  one  time,  the  same  shall  be- 
come the  j)roperty  oi  the  city  of  Pi-iu  :  Providcil,  that  if 
said  bridge  shall  be  destroy t-d  by  fire  or  Hood  fuid  com- 
pany shall  be  allowed  time  to  rebuild  the  same. 

Mr  («t«  §  6.     The  said    company  are  hereby   atithorized,  after 

the  completion  of  said  t'riilge,  to  j)lace  a  toll  gate  at  <ither 
end  ot  said  bridge,  where  they  may  charge  and  receiv<i  the 
following  rates  of  toll  for  crossing  said  bridge,  viz:  For 
eacli  vehicle,  drawn  by  two  horses,  mules,  asses  or  oxen, 
twefity  cents;  for  each  additional  horse,  mule,  a.ss  or  ox 
attached  to  such  vehicle,  five  cents;  for  each  one  horse 
wa^on,  carriage  or  cart,  ten  cents;  for  eacdi  man  and 
liors*',  fivH  cei'ts;  for  ea<Mi  hog  orsherp,  one  cent;  for  each 
footman,  three  cents  :  Prorii/et/,  ttiat  said  com|>any  may 
dou'tle  the  above  rates  after  nine  o'clock  in  the  ev<ning 
and  before  daylight  in  the  morning. 

F»%u«  fcinwiy.  ^  '>•  The  said  bridge  fihiM  be  deemed  a  public  high- 
WHV,  within  the  meaning  of  the  laws  providing  for  th^  pun- 
ishment of  persons  injuriiif^,  obstructing,  or  destroying 
public  highways  or  bridges  in  any  iiiaiMi<  r. 

M*riM<«.  §   7.     The  said    <•  )in,iany    m  -y,    if  deemed   necessary, 

mortgage  the  said  bri'lge,  lor  such  amount  and  upon  <uch 
terms  and  in  suc'i  manner  as  they  may  agree  upon  in  their 
articles  of  as^oci  ition. 

5  H.  I'^very  person  crossing  said  bridge  with  any  beast 
faster  than  a  walk,  shall  forfeit  livi*  dollars  to  the  proprie- 
tors of  f  aid  bridge,  to  be  recovered  before  any  justiie  of 
the  peace  or  other  court  having  jiiri<<diction  of  the  sarne. 

§  '.♦.  The  said  company  shall  'uiild  such  bridge  in  such 
a  manner  that  it  xh^il  not  materially  obMiruet  navigition 
on  said  river;  they  iifiall   keej)   open  at  least  one  hundred 


365  1857. 

and  twenty  feet  at  all  timos  when  steamboats  or  other  craft 
navi^^ating  said  river  may  wish  to. pass  sai<l  bridge. 

§  \^).  'j'hat  the  city  of  Peril,  in  La  Salle  county,  is  hereby  Power  to  mt,- 
authcjrized  to  subscribe  to  the  caj)ital  stock  of  said  bjidge  ^[^^^* ^ "» ""' 
company  any  sum,  not  exceeding  thirty  thousand  dollars, 
or  t'  loan  the  credit  of  said  city  to  said  coni])any,  for  the 
same  sum;  and  for  the  j)uij)Ose  of  ciirr}ing  the  provisions 
of  this  section  iiito  effect,  said  city  of  Peru,  through  its  com- 
mon council,  are  hereby  authorizt-d  to  make  and  issue  the 
bontls  of  said  city,  bearing  interest  at  a  rate  rot  exc<;ecling 
ten  |)er  centum  per  annum,  jtayableto  said  company  or  to 
any  ot'ier  person  or  persons,  or  body  corporate  :  Prucidvd, 
huutrtr^  that  wlienever  such  subscription  or  loaning  of 
credit  is  proposed  to  be  made  it  shall  be  the  duty  of  the 
coniiucn  council  of  said  city  to  order  a  vote  of  the  taxa  >le 
inlid'uirants  of  said  city,  who  are  entitled  to  vote  in  said 
city,  by  publicatioii  in  one  of  the  newsj)apers  published  in 
said  city,  stating  that  on  a  certain  day,  not  less  than  thirty 
da}s  from  said  publication,  a  vote  of  the  taxable  inhabi- 
tants of  said  city,  who  are  entitled  to  vote  therein,  will  be 
iiad,  to  decide  whether  said  city  shall  subscribe  or  loan  its 
credit,  as  proposed  oy  the  common  council,  said  publica- 
tion stating  the  amount  proposed  to  be  subscribed,  for 
wh'cii  the  credit  of  the  city  is  proposed  to  be  loaned  the 
comnany,  and  the  amount  and  terms  of  the  loan  proj)osed 
to  he  issued.  Said  vote  shall  be  taken  by  ballot,  at  the  jdace 
of  holding  the  election;  and  if  a  majority  of  the  votes  cast 
shall  be  in  favor  of  the  j)ropopition  of  the  common  council 
of  said  city,  then  such  subscription  shall  be  made,  other- 
wise not :  Pruvidcdy  that  in  case  such  proposition  be  not 
adopted  upon  the  first  vote  it  shall  be  lawful  to  submit  the 
proj  osition  o**  any  other  proposition  in  relation  to  the  same 
subjV'ct,  in  the  same  manner,  to  a  vote  of  the  people,  when- 
ever said  city  council  shall  deem  it  for  the  public  interest 
to  do  so. 

§   11.     The  said   bridge    company  shall  have  the  same  Power, 
power  in  relation  to  procuring  materials  for  the  construc- 
tion (»f  said  bridge  as   are  now  conferred  by  law  u;  on  the 
Chi'^ago  and  Rock  Island  Railroad  Company  in  relation  to 
procuring  materials  for  said  road. 

§  12.  No  other  bridge  shall  be  built  across  said  Illinois 
river  within  two  miles  west,  nor  within  the  limits  of  the  town 
of  Peru  as  now  bounded,  east  of  the  above  named  bridge, 
for  t  I'  space  of  ten  years:  Pruviiltd,  that  said  company 
shall  comply  with  the  provisions  of  this  act  in  relation  to 
tlie  erection  and  keeping  in  repair  of  the  bridge  herein 
provided  for. 

§  13.  Said  company  shall  commence  the  erection  of  said 
brid  ;e  within  one  year  and  complete  the  same  within  three 
year:^,  or  the  rights  conferred  by  this  act  shall  be  at  an  end. 


lSo7.  o^O 

5  It.  Whenever  the  saiil  corporation  shall  not  have 
acquirnl,  by  gift  or  purchase,  any  luiui,  roal  t'Sl.Uo  so  re- 
quired to  extend  tiieir  road  way  or  einbankineiit  to  the 
bluft'on  tlie  south  side  of  said  bridj»e,  across  sections 
twenty  and  twenty-nine,  then  and  in  that  case  tliey  shal! 
lia\e  the  same  pcwrr  and  privihges  to  condemn  huids  for 
the  u*es  and  purposes  Oi  said  road  and  enihankinents  as  is 
now  conferreil  on  railroad  corporations,  t^y  virtue  of  an 
act  entitled  "An  ac;  to  pro\  ide  lor  a  general  system  of 
railroad  incorporations,"  approved  June  'J-d,  1852. 

§  15.  Tiiis  act  shall  be  deemed  and  taken  as  a  public 
act,  in  all  courts  of  tide  state,  and  shall  be  in  force  from 
and  after  its  pa-ssage. 

AiTRovEi)  Fob.  l<t,18r>T. 


Feb   10,  I6S7.      AN  ACT  to  incorporate  the  Bpllpville  Grove  No.  1  of  the  U.  A.  Order  of 

Druiils,  of  tlie  stale  of  Illinois. 

Section  1.     B'  if  enacted  hi/  the  penple  of  the  state  of 
riinois,  rejirrsrnteii  in  the    General   ^^ssi  ni'>/i/,  That   II- 

Bodr  poiit;e  tad  linois  Grove  No.  1  of  the  U.  A.  Order  of  Druids  of  Htlle- 

****^'**  ville,  in  Hie  state  of  Illinois,  be  and  the  same  is  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  and 
Ktyh"  aforesaid;  and  by  that  name  niaj'  sue  and  be  sued, 
ple.'id  and  be  impleaded;  by  thai  name  and  s^yle  be  capable, 
in  law,  of  purchasing,  holding  and  coin  eying  real  and  per- 

^^<|»t•^  sonai  jiroperty,  for  the  use  of  said  corporition:   Proviflid, 

that  said  corporation  shall  not,  n{  any  time,  hold  ]>roperty 
to  an  amount  exceeding  In  value  twenty  thousand  dollars. 

rrWM«.  §   -.   For  the  j-urpose  ol  carr)ing  into  «  Ifeot  the  objects 

of  this  act,  Adam  Aulbach,  (j»  orge  II  <iTnM  ister  and  Anton 
lleilbel,  be  and  are  made  trustees,  to  act  in  the  name  and 
for  tl»e  sai'l  corporation,  until  their  successors  are  appoint- 
ed according  to  the  constitution  and  by-laws  or  regula- 
tions made  in  to  bo  made  by  s.iid  ror;)oraMon  ;  which  said 
trustees  and  their  luccesiors  in  office  shall  a(  t  in  the.  name 
of  and  lor  and  on  belipll  cf  said  corpoiation,  in  exercising 
the  powers  given  in  this  act  to  Said  corporation. 
I  §  3.  The  said  corporation  ihull  have  power  to  make,  for 
its  governmrnt,  such  constitution,  by-lcw,  and  regulations 
«f  its  members  may  »leem  nocessary,  not  inconflistent  with 
tiic  cr.nititutlon  and  law?  of  the  stale  or  United  States. 
ApraovKU  Feb.  10,  IHo'i. 


»r4a«a. 


867  1857. 

AN  ACT  to  amend  an  act  entitle<l  *'An   act 'to  iiirorporato  ibe   Illinoia  'eb.  n,  i86i. 
Central  Cross  Railroad  Coinpaij,"  approved   February  15,  1855. 


p: .  ^ -..J .„ „  ., 

and  to  commence  tlie  constriiction  ot  said  road. 

§  2.     Tliis  act  shall  be  in  force  from  and  after  its  passage. 

Approved  Feb.  11,  ISol. 


AN  ACT  to  Incorporate  the  W^'stern  Union  Insurancs  Company,  at  Ster-  Feb.  lo,  tJ07. 

ling,  Iliinois. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
niiuoif^  represented  ill  the  General  Jisremhli/^  That  from 
the  time  tli'S  act  shall  take  effect,  jMiles  S.  Henry,  Harmon 
A.  Munson,  Andrew  P.  Loncj,  John  G.  Price,  L.  Lehman- 
smith,  John  H.  YvTung,  Charles  L.  Currier,  and  all  other 
persons  who  mf«y  hereafter  associate  with  them  in  the 
manner  h.erein  prc«;cribed,  shall  be  a  body  p.  litic  and 
corporate,  by  the  name  and  style  of  the  ''West-rn  Union  styij  of  corpor*- 
Ins'irance  Company;"  and  by  that  name  may  sue  and  be 
sued,  appear,  pr'S'oute  and  defend  in  any  court  of  record 
or  other  court  or  place  whatsoever;  may  ha\  e  and  use  a 
common  seal,  and  alter  and  renev^  the  same  at  pleasure  ; 
may  ]>urcliase  and  }\old  such  real  and  personal  estate  as 
may  be  necessary  to  effect  the  object  of  their  association, 
and  fell  ni.d  con"ey  thr>  same  at  pleasure:  Provided^ 
surh  rf  al  estate  shall  not  exceed  one  hundred  and  sixty 
acres;  may  make,  -jtablish  and  put  in  execution  such 
by-laws,  c-^Mnances  and  resolutions,  not  being  contrary  to 
th»'  laws  of  this  state  of  the  United  States,  as  may  seem 
necessiry  or  convenient  for  th«^ir  regulation  and  government 
and  f":  the  management  of  their  aflairs,  and  do  and  exe- 
cute aU  such  acts  and  things  as  may  be  necessary  to  carry 
into  effect  the  purposes  intended  in  t!iis  act. 

§  i!.  All  per?ons  win*  shall  at  any  time  be  insured  in 
this  company,  shall  be  members  tliereof  during  the  con- 
tinuance  in  foi  ce    of  their    respective  policies,    and    no 


i*ru 


1S5T.  868 

Ik'.is^er,  anil  shall,  at  all  times,  be  bounil  by  the  provisions 
of  tins  act. 
ftMM  ©t  i*T«<  ^  o.  The  atf.urs  of  this  company  shall  be  niana^jcil  hj 
H  hoartl  of  directors,  to  consist  of  not  less  than  fi\e  nor 
more  th.in  twenty -one  members,  as  may  be  regulateil  by 
tite  by-laws  of  said  coinp.iny.  Said  directors  shall  bo 
chosen  by  ballot  frbm  amon«;  ihe  members  of  this  company, 
and  a  majority  of  the  whole  board  shall  constitute  a  quo- 
nun  for  tlie  transaction  of  business,  until  saul  board  shall 
Consist  of  more  than  seven  memhers,  after  whicli  time 
five  members  of  tlie  board  shall  cc»nstitute  a  quorum  for 
the  transaction  ol  business,  having  the  same  power  that 
H  majority  of  the  whole  board  would  have  :  Prorideit,  the 
jiresident,  secretary  and  genera!  agent  shall  constitute 
three  of  said  five, 
^jv,  ^  4.  The  board  of  directors  shall  elect  a  president, 
'  '  vice  president,  secretary  and  treasurer,  who  shall  hold 
their  respective  offices  for  one  year,  or  until  (»thers  are 
cliosen.  The  board  of  directors  may  also  a}>pnjnt  an  ex- 
et  utive  committee  from  among  their  own  members,  and 
.«:uch  committee,  when  the  [)oard  is  not  in  session,  may 
exercise  all  the  powers  vested  in  the  company,  except 
when  the  company  has,  by  it-^  by-laws,  otherwise  provided. 
The  board  of  directors  may  aj)point  examiners,  agents 
and  such  subordinate  officers  as  tliey  may  deem  necessary, 
wiij  shall  hold  their  office  during  the  pleasure  of  toe  board, 
ffw^rtr  u  »«  ^  »'>.  The  company  may  make  ins-iirance  on  all  de- 
scription of  property  against  loss  or  damage  by  firr,  and 
on  all  descriptiorj  of  vessels,  cargo*  s  and  Ireight  egainst 
the  perils  of  marine  or  inland  navigation,  and  may  cause 
themselves  to  be  injured  against  any  risk  or  any  part  of 
riny  ri^k  on  which  they  have  made  insurance. 

§  t».  If  it  shall  at  any  time  happen  that  the  election  of 
J^iftrLT"'.'  directors  shall  not  be  held  or  made  on  a  day  when,  pur- 
»ikii«pi«c«.  suant  to  this  act,  it  >  ught  to  have  been  made  or  held,  this 
c  irporation  shall  not,  lor  that  cause,  be  deem«!d  to  be  dis- 
soli  eJ  ;  but  it  sh  ill  be  lawful,  on  any  other  day,  to  make 
ami  h<dd  an  election  of  directors — notice  of  which  shall 
be  given  as  hereinafter  prescribcid. 

§  7.  The  rate  of  insurance  shall  be  fixed  and  regula- 
te<l  by  the  hr)ard  of  directors,  and  premium  notes  may  bo 
received  from  the  iniured,  which  shall  be  paid  at  such 
time  or  times  and  in  8ucb  sum  or  sums  as  the  directors 
•thall  require  for  pay  merit  of  losses  and  expenses.  Any 
{•erHou  ''pplying  fur  insur.mco  may  pay  a  defiiiite  sum  of 
Hioney  in  full  fur  Kaid  in<4uranc€,  and  in  lieu  of  a  premium 
tiote. 

§  8.  The  caiih  premium,  together  with  the  premium 
notes,  shall   constitute  the  capital  stock  of  this  company. 


trmri%iaa» 


369  1857. 

5  0.  If  it  slioTild  so  happen  tliat  the  whole  stock '"^"'"'/"'■y'""- 
and  contributions  be  insutficif nt  to  pa)  ami  satisfy  all  the 
los  M'S  and  exj)ei  st'S,  in  such  case  a  just  average  shall  be 
wade,  and  the  paymenl  to  be  demanded  by  virtue  ol'  any 
policy  shall  be  a  dividend  of  such  stock  and  contributions 
in  proportion  to  the  amount  ol  losses  and  expenses. 
Should  there  he  an  excess  of  funds,  the  directors  shall 
have  power  to  declare  a  dividend. 

<j  li>.  Ttie  innnbers  o  the  company  shall  he  and  lu  rebv  "'''''"1"°"  ,  nl 
are  bound  and  i  biig*  1  to  pay  thf  projxirtion  of  all  losses  and  c^-mpw/. 
expenses  luppening  and  occurring  during  the  time  lor 
which  their  policies  were  issued,  to  the  amount  of  their 
prtiniiim  notes  and  cash  premiums,  ami  no  more  ;  but  the 
directors  shail  have  power  to  cancel  any  note  by  a  sur- 
render of  the  j)olicy  for  which  said  note  was  given,  and 
said  com|>any  shall  liave  a  lien  on  all  buildings  insored, 
including  the  right,  title  and  interest  of  tbe  insured  to  the 
land  on  which  said  buildings  are  situated,  for  ihe  payment 
of  said   premium  notes. 

^    11.      Application  lor  insurance  shall  state  all  the  ma-  coneomtBn   tr>- 
terirtl  (acts    and  circumstances  affecting  the  risk,  and   the    ?''"''"•»•• 
statements  made  in  the  application  shall  he  binding  on  the 
insured,  and  a  warranty  ')n  his,  her  or  their  part. 

^  12.  The  uperations  and  businees  of  this  company  shall '^J^*  *'  '■"'^ 
be  carried  on  and  conducted  at  such  place  in  the  town  of 
Sterling,  in  the  county  of  Whiteside,  and  state  of  Illinois, 
as  the  directors  may  ciioose,  and  any  other  place  by 
agency,  but  no  policy  shall  be  issued  by  said  company 
until  applications  for  insurance  are  received  for  at  least 
thirty  thousand   dollars. 

§  lOi.  Whenever  any  assessment  is  mnde,  or  any  pre-  Kon  p»riii«if  of 
mium  notes  given  to  the  Western  Union  Insurance  Conipa-  *"'*•*'"•■ 
ny,  for  any  risk  tak^n  by  said  company,  and  the  maker 
thereof  shall  nt-glect  or  refuse  to  j)ay  the  amount  claimed 
by  this  company  for  the  space  of  thirty  days  after  notice 
of  such  assessment,  which  notice  shall  be  given  as  pre- 
gcribed  in  the  bylaws  of  saiJ  company,  his,  her  or  their 
policies  .-hall  become  void  and  of  no  etleci;  and  in  case  an 
action  IS  brought  for  the  recovery  of  any  assessment  due 
t\u<  company,  the  certificate  of  the  troa«urer  of  said  com- 
pany, stating  the  amount  of  such  assessment,  shall  be 
tak.  n  and  received  as prhna  facie  evidence  in  all  courts 
and  places  whatsoever. 

5    H.     In  all  suits  at  law  or  equity  brought  ncainst  this  *-*"  •■*«• 

compan\,or  in  any  suit    brought  by  tins  comjjany   agjinst   c.nii..ii7. 
»ny   of  it.^   members,  or  against  any  other   person    or  per- 
sons, any  mem'ier  of  this   company  shall   bo  admitted  as  a 
cjm;)eten'  witness  for  and  in  behalf  of  this  company. 

§   1').     The  person"  named  in  the  first  section  of  this  act  tiir<s-inrti  n*»«d 
ihdii  be  and  they  are  hereby  constituted  a  board  of  directors   tieouJn. 


1857.  870 

for  this  company,  to  serve  j»s  suoh  until  tlie  fust  annual  elec- 
tion for  liirei  tors  Koreiu  provided  for,  and  until  others  are 
chi)>rn.  Tne  liiiector"  of  (his  company  shall  he  »lt  etcd 
oil  the  first  M  >n(la)  in  May,  in  each  year,  and  such  ♦lec- 
tion shall  be  held  at  the  «»tHoe  OI  tliis  couipany,  at  such 
hour  of  the  day  a^  the  directors,  for  the  time  hting,  shall 
appoiut ;  notice  of  which  shall  be  given  in  one  of  tho 
newspapers  printed  in  the  county  of  \Vhite>ide  at  least 
twenty  days  innnt>diately  jireceding  such  election,  and 
su  -h  electi«>n  shall  be  lit  id  under  the  inspection  of  three 
innnheis,  to  be  t.ppointed  previous  to  every  election  by 
the  board  of  directors.  Such  election  shall  he  made  l)y  a 
J  I'lrality  of  voles  of  llie  members  present  or  tlieir  proxies, 
allowing  one  vole  for  each  policy  heKl  and  in  force  in  this 
company,  and  tho  bwa-d  of  directors  arc  hereby  author- 
ized, at  an}*  of  its  meetings,  to  provide,  a  foim  for  the 
uppointuient  of  proxies,  and  to  sjjecify  the  evidence  that 
may  b«}  rnjtiired  in  the  execution  thereof. 

§    IG.     Ail    meetings  of  the  directors  of  this   compmy 
shall  be   called  by  i|iu  secretary,  notice   of  wiiich  cmi    be 
given   by  publisiiing  in   a  newspaper  printed  in  Sterling, 
Illinjis. 
e-Mr    .  f!-.       5   IT.     This  company  shall  have  power  to  make  con- 
f^f  tru  'ts  for    any  term  not   e\ceedinn:  five   year"*,   and  such 

Contract-',  when  signed  by  the  president  and  secretary, 
shall  be  binding  until  the  expiration  of  the  term  for  whicli 
liit}  were  made. 

§   1"*.     It  ^hall  bf»  lawful  for  the  secretary  of  this  com- 

pjiiy  to  app  >int  a  depiH),  whose    authority  shall  be  spei'i- 

fi»'d    in   his    appointme;»l   and   aj)proved    by  ihe    bonrd    of 

directors. 

-     .,    .  x^      b  10.     The   board  v(   directors   may    invest,  hian   and 

to«ci»(  I'CQ-  Rmploy  tlie  funds  ot  this  company  ui  such  way  and  manner 

^*"''  js    they  may  ju'ge   that   the  inteiest  and    welfare   of  the 

co.npany   r'^'juir*,  but  notlting  cont  lined  in  this  act   shull 

be   no    C'»n3lrued    as  to   allow   this  company   any   bauKing 

nrivilef5e«»,  or  to  issue  any  certificates  ol   depotit  to  circu- 

JmIu  d^  m'mey  or  curr«  ncy. 

i>  lO.  Suits  at  Uw  may  he  miintained  by  said  company 
ngdinb:  any  of  it-s  memSerN,  r.<r  the  coUeotiofi  of  premi'im 
note'  oras«fi;«.<jmenU  then:.).!,  or  for  any  oIIm  r  caii>e  r«  la- 
liuj;  l'>  ihi!  businesH  of  said  comjiatiy,  and  suits  at  law  may 
•Lj  be  pror^KCUted  and  m^inlaint-d,  by  any  member  or 
oilicr  person  or  pernoni,  against  said  company. 

^  1].  Thi4  act  sIihU  be  deemed  a  public  act,  and 
be  liberally  e.-nstrued  for  ihr  purposes  tlien  in  contained, 
aod  rontintte  fi..y  y<'ar.<i  from  and  after  its  ^tuiisage. 

ArPEovKoFtb.  11|  1857. 


371  1857. 

AN  ACT  to   incorporate  the  O.M  F'^llows'   n  lilJin?   Aesoclatlon,  of  the  '*'*  »')««7. 
Itie  city  of  Quincy. 

Section  1.  Be  it  enactedlty  Ike  people  of  the  state  uf 
lllinuis^  repre>ivnleil  in  the  (ioiera/  %.8sstinl>hjn,  That  Au- 
gustus C.  Maisli,  I  jiac  O.  Woodiutr,  John  K.  Vaiidooren, 
Clinrles  A.  Sa-agr,  liiraiii  Roj^ers  ;irid  tht-ir  associates, 
lieirs  and  a<?f^igi<s,  are  hereby  declared  and  coi.stituted  a 
body  politic  and  cor|)oratc,  by  the  name  and  s'jle  ot"  the  ""ClrKl^.ic!*  *"* 
"Odd  Fc'Uows'  and  Masons'  Building  Association,  of  the 
City  of  Quincy;"  and  by  that  t  jime  and  style  shall  have 
perpetual  succession ;  and  shall  bu  capable,  in  law,  of 
suing  anil  bi  ing  s'leJ,  pleading  and  b»'ing  impleaded, 
answering  and  being  answered  unto,  in  all  courts  and 
place.^  whatsoever;  may  have  a  conimon  seal,  and  may 
alter  and  change  the  same  at  pleasure  ;  and  they  and 
their  successors  ;nay,  also,  by  that  name  and  stjlc,  be  ca- 
pable, ill  Jaw,  of  contr  icliiig  and  being  contracted  with, 
and  of  actjuiring,  by  pr.rchase  or  olhtr^ise,  nntl  of  hold- 
ing, imj. roving  and  conveying  real  and  personal  estate, 
for  'he  ust-s  and  purposes  of  taid  corporation. 

§   '1.     The    capital    stock  of  sai.l  association  shall    not  c»piui  •(.■«k. 
excted  one  hundred  tliou:i>ind  dollars,  andslull  be  divided 
into  shares  of  twenty-rivo  dollars  each.  ' 

§  ii.     Said    association  mav  oiganize  as   soon  after  tho  crjaniisiioii. 
passage  of  tiii^j  act    as  ten  thousand  dollars  of   the  capital 
stock  shall  be  subscribed,  and  elect  a    board  of  directors. 

§  4.  All  the  corporate  powers  c>f  said  association  shall  Bo»f«i  "'  <''•*'• 
be  vested  in  a  board  of  S(  \  en  director-J,  one  of  whoi.i  sliall 
be  president  thereof,  who  shall  hold  their  otliees  tor  one 
year,  and  unjl  others  are  apjjointed  oi  elected  in  their 
8tead.  Annual  meetings  shall  be  h'  Id  by  the  membei.-?  of 
the  corporation  lor  the  choice  of  directors,  and  other  ba- 
sinets that  mav  come  before  them,  at  such  time  and  place, 
ill  tbe  city  of  Quir  cy,  as  a  majority  of  the  directors  .-hail 
ajtpoint;  and  notice  tli»'rf<jf  shall  be  given  in  at  If.ist  two 
of  the  papers  printed  in  said  city  of  Q'»'"<-'y'  "^  le;'St  t^n 
days  jirevious  to  saiu  meeting.  The  lirst  election  shall  be  Fir«t  ei*ciK«. 
held  under  the  in«jpection  of  the  corporators  mentioned  in 
this  act,  and  all  subsequt  nt  elections  shall  be  held  under 
the  inspection  of  three  stockholders,  who  shall  not  be  di- 
rectors, who  shall  be  appointed  by  tho  directors.  The 
elertion  shall  be  \,y  ballot,  by  a  plurality  of  votes  of  stock- 
holders, allowing  one  vote  for  every  share  of  stock  held; 
and  stockholders  not  present  may  vote  by  proxy. 

§  •'>.     The  directors  so  to  be    cliosen  sliall  nieet  as  soon  Powcner  bc«r«. 
as  may  be  after  such  election,  and  sliall  choose  one  of  their 
iiumbLr  to  be  president,  who    sIihII  preside  for  one  year; 
and  in  Cd9e  of  the  death,  rr.signation  or  inability  to  act  of 
the  president  or  any  of  the  directors,  Fuch  vacancy  or  vacan- 


ISoT.  872 

cit'S  may  bo  filltd  for  the  irmaiiuler  of  tlio  ye»Ml)}  tlic  tlirec- 
tor.>  ;  ami  the  siiiil  pitsuUiit  hiuI  ilirfctnis  iim>  int  tt,  lioiu 
time  lo  liint ,  am!  shall  have  pnwi  r  to  in;  ke  mul  estui  lish 
•1]  such  by-hiws,  rules  and  ft  gniations,  for  the  govenmient 
of  said  association  and  their  otficers,  as  in  j>  be  necfssary; 
to  open  books  and  obtain  subsei  iptions  to  the  eajiitril  stock 
of  said  a:'sociation  ;  l'^  regelate  the  nianner  ami  time  of 
p;t)nunt,  tninsfer  and  a.ssi^ninent  of  said  s'ociv',  wliii  h  is 
liert'b)  declared  to  be  personal  property;  and  to  make  all 
needful  rules  for  the  munageintnl  of  the  affairs  vt  said 
association,  as  may,  from  time  to  time,  be  de(  mtd  nt  ct  s- 
sary,  not  inconsistent  with  the  constitutiojn  or  laws  ol  this 
•tale  or  the  United  States. 

o*fc«j  e/  »s^.       §   6.     The  objects  of  the   association  hereby  incorpora- 

^    "*  ted,  are  declaied  to  be,  to  purchase  or   otherwise  jnocure 

real  estate,  iti  the  city  ol  Quiiicy,  and  the  eiecticn  of  a 
buihiincr  or  buildings  for  the  uset>f  the  Indt  ptndent  t)rder 
of  Odd  Ft  Hows  and  the  Masonic  fraternity  of  sa'd  cit}-, 
and  for  other  purposes. 

■•y  io»n  and  c  y  sj.^jj  association  may  loan  money  belonging  <o  the 
same,  and  may  borrow  money  and  secure  the  same,  by 
bond  and  mortgage  on  any  real  estate  owned  by  said  as- 
sociation. 

o««»f».  ^  ^1.     The  directors  may  aj)point  a  secretary,  treasurer 

and  other  olficers,  if  necessaiy,  who  shall  bold  their  oflicei 
for  one  year,  and  until  their  succe  Sf^rs  are  aj)po.nted.  The 
treasurer  shall  be  requiied  to  gi^e  bond  and  secuiity  for 
the  faithful  perfoimance  of  his  duties,  to  be  approved  by 
the  directors 
u«f>.  5    «j.      At  no   time  shall  more   than  four  of  the  board    of 

ilirectors  of  the  asso(intioM  la'reby   incorporated  te  mem- 
bers of  the  society  of  Odd   Fellows.     And  said    corpora- 
tion shall  never  exercise  any  bankiuf^  privilegi.^, 
iMi.  ^  10.     This  act  shall  be  deemed  and  takeik  as  a    public 

act,  and  shall  be  construed  beneficially  lor  all  purposes 
herein  specified. 

§   11.     This  act  shall  take  effect   and  be  in  force  from 
and  alter  its  passage. 

AppaovKD  Feb.   11,  1857. 


ra»-.  II,  uti.      AN  ACT  to  incorporate  th«    Ai»  )ciatlon  of  Wigoumalo^rB,  of    Cbltago 

Skction  1.  Ur  it  rvfirlfd  l)y  the  peoji/r  <f  the  stair  of 
llliitoi^^  rrprrsriitrd  in  thr  (InicTdt  Jlssvmhh/^  That  Wil- 
liam Hri^lanl,  P»  ter  Karmann,  Louis  Spechi,  Henry  Irlen- 
born,  Auguit  Thetle,  and  ail  such  persons  as  have  orinay 


373  1857. 

m •* 

hereafter  ioin  them,  shall  bp  and  the  same  are  hereby  con-  ^"^^  p"'""^  *"* 
StitulLMl  a  b.)uy  corporate  and  politic,  by  the  name  ana 
Style  <'f '*  The  Association  ot  VVagoiiinal>trs,  of  Chicago  ;" 
and  hy  that  na?nc  they  and  their  successors  shall  have  suc- 
cession, and  stu«ll  be  capable  of  suing  and  being  sued, 
pleading  and  being  im;»leaded,  answering  and  being  an- 
swered unto,  ia  all  courn  of  law  and  equity  whatsoever; 
and  by  that  nemo  and  style  be  capable  of  j)U'^chasirig  and 
receiving,  l)y  gilt  or  otherwise,  holding  and  conveying  real 
estate,  for  Ihe  benefit  of  said  association:  Froi'u/(  d,  that 
said  association  shall  not  at  any  one  time  hold  property 
to  an  ainount  exceeding  five  thousand  dullnrs. 

§  1.     Frr  the  puri»os<»  of  carrying  into  eflect  the  objects  Trm'ee*. 
of  this  act  the  otficers  of  such   association  shall  alwa}s  be 
and  are  hereby  declared  to  be  trustees,  to  hold  their  offices 
as  su.'h  in  said  association  as  appointed  by  said  association 
and  qualified  from  time  to  time. 

§  o.     The  said    corporation   shall  have  power  to  make  By  iiw«an<iT«« 
such  by-laws  and  regulations  as  may  be  deemed  necessary    "*"""" 
for  the  govcrnirent  of  their  concern,  and  not  inconsistent 
with  the  constitution  and  laws  of  this. 

§  4.     A  certificate,   u   der  the  seal  of  said  corporation,  g^idc^.^ 
that  the  same  has  been  duly  organized,  recorded  in  the  of- 
fice of  the  recorder  of  Conk  county,  shall  be  evidence  of 
t\iii  existence?  and  oigauization  of  said  association. 

6  ">.     This  act  to  he  in  force  from  and  after  its  passage. 

Approved  Feb.  11,  1857. 


A^s   ACT  to  change  the  name  and  amend  the  charier  of  the  Norlhern  reV».  10,  1887. 
Cross  Railroad  Company. 

Section  1.  Be  it  enacted  Ivj  the  people  of  the  stale  of 
Vlin  tis,  repreaenled  i:i  the  (reneral  A^seinhh/,  That  the 
corporate  name  of  said  company  slia'l  be  and  is  hereby  Nsme changod. 
cliaugad  to  "  The  Quiury  ai:d  '[Jiiicago  Riilroad  Coinpanj  ;" 
by  whicfi  name  and  designation  it  shall  be  authorized  to  con- 
tract and  cany  on  its  corjjorate  business,  ajitl  alsoto'::om- 
pleti-  and  carry  out  and  execute,  and  avail  itself  of  all 
existing  contracts  arul  the  benefit.-'  thereof,  and  of  all  j)ub- 
lii'  an;j  private  acts  of  tin.  gr-neral  assembly,  a-!  if  the  name 
of  said  oomj>any  had  not  been  changed  :  Proiidtd^  th;it  Pro»iw. 
in  all  actions,  s.iit--  and  proceedings  commenced  or  judg- 
ments rendered  in  favor  of  or  against  the  said  cuuij>any, 
the  former  name  (tf  tlip  said  company  sliall  be  used  in 
prosecuting  and  defending  the  same,  and  in  pII  process 
issued  therein,  until  the  Iinal  determination  and  execution 


HoT.  374 

thereof,  iu  the  same  manner  as  before  the  pass^age  of  lliis 
act. 
p»v«n  o<  Ji-vc-       §   -•     That  the  biinril  of  Hireotors  of  said  coinpan}  shall 
**^  !ia\  0  |)o%ver  ai;d  aie  hertl>^  authoiizeil  to  (l»"rh»ro  loil'eited 

any  ftoi  k  snhsciihtd  lor  in  said  loiul,  \vit|i  all  the  ])iior 
pa}mt^iits  thereoii,  on  which  full  |)H}iiant  ha<;  not  been 
made  in  the  manner  required  hj  the  board,  on  first  giving 
foui  week's  notice,  by  I'Uhlioation  thereof  in  some  jmblic 
new«pa|)er  publislud  in  the  cit)  of  Quincy,  for  hmr  \vi»ks 
in  succession,  o.tcc  in  oav-h  Meek,  thai  all  Slock  suhsciibed 
lor  and  not  p<tid  up  iti  full  by  a  day  to  be  named  in  .'^aid 
notice,  will,  at  tlie  ojMicn  of  tl  e  boaid  ol  diiectorb  of 
said  company,  be  declared  forfti.ed. 
rmmtr  u  r>»ite  §  o.  That  the  said  compnny  and  any  city  or  incorpora- 
llum^  *"*  tc*i  town  through  or  into  which  i^aid  road  or  branches 
passes,  are  hereby  authorized  and  empowered,  on  t.uch 
teims  and  f)r  such  considi  ration  as  the  paitit  s  may  rgree 
upon,  to  make,  execute  and  perform  any  contractor  agree- 
ment for  t!ie  establishing,  ojtening  or  abolishing  any  parts 
of  any  lane,  avenue  or  alley  within  the  limits  of  such  cily 
or  town,  along  or  acioss  which  the  said  road  passes  or 
which  may  separate  or  adjoin  any  properly  held  by  the 
company  lor  the  purposes  ot  its  corp(»r?te  ousiness  at  such 
town  or  cily;  Oi-  such  town  or  city  may  lea*»e  or  conv«  y  the 
same  to  the  said  company,  in  fee,  or  otherwise  secure  to 
said  comj>ai.y  the  sole  occupaliou  (>r  use  thereof,  iu  such 
m  Miner  and  for  such  usei  and  purposes  as  may  be  agreed 
up  >n. 

5    I.     Tliis  act  shal'  he  n  pui)lic  act,  and  take  effect  and 
be  in  force  from  an«l  aftt  r  ils  passage. 
Approved  Feb.  IC,  1867. 


r-ft  i(,  tV7        AN  ACT  to  vacate  a  portion  «jf  R^xfonl  sircrl,  in  the  town  of  nine  Island. 

[SrcTiojj  1.]  fir  it  ni'irfr(f  In/  fh,  jieoplv  tfthv  slate  oj 
Illirti'in^  rfjfrr^vuti  tl  in  the  (inicrnl  »7ssrpi^</i/,  Th»t  80 
much  of  Ri  \ford  street  as  li»'S  hr  Iween  bhu  ks  No.  IH  Hud 
10  (eii»l.tren  and  r.inetem,)  nnd  iniiiiinj.'  frcm  Fulton  to 
Summit  street,  in  originHl  town  of  Hhie  Island,  he  and  is 
hereby  vacated.  This  act  to  take  tffect  and  be  in  force 
from  and  after  its  pa'^apr. 

AiTBOVKL  P\-b.  10,  18.07. 


875  1851 

AN  ACT  to  incorporate  the  ci'y  oP  Anrora,  and  establish  an  inferior  Feb.  ii,  jnw. 

c"ui t  iliCieiii. 

ClIAl'TER    I. 

Skction  1.  Beit  euacted  In/  the  pcnpfe  of  the  stiife  of 
J/tiui/tSj  rtpresmted  in  the  iientrctl  *^Js.sii/if>/>/,  i  hat  llie 
district  of  country,  in  the  county  of  Kane,  and  state  of  B«""<'«f'M 
Iliifu>i-J,  dcscribca  as  follows,  lo  wit :  all  that  part  ot  town- 
ship) thirty-fij^ht  north,  of  range  tif^ht  east  of  tlio  third  priu- 
ci|)'il  inerididii,  hounded  by  henjuininjr  at  the  soullieast 
corner  ol  the  southwest  quarter  of  section  No.  twenty-six, 
in  ?ai'l  towjiship  ;  running  thence  west  along  th*»  c  titre 
line,  to  the  soutliwest  corner  of  the  east  halt  of  the  south- 
west rj[uarter  of  section  twenty-eight;  thence  along  the 
said  one-eighth  lin«-,  to  the  east  and  west  centre  line  of  • 

section  sixteen;  th-nce  east,  along  the  east  and  west 
centre  line,  to  the  centre  of  section  fourteen  ;  thence  south, 
along  the  north  and  south  centre  line  of  section  fourteen, 
twi  and  one-hair  miles,  to  the  place  of  beginning,  contain- 
ing five  and  five  eighths  square  miles,  more  or  less,  is 
hereby  erect(^d  into  a  city,  by  the  name  cf  the  ''Cit}  of 
Auroid." 

§  '2.  The  inhabitants  of  said  city  shall  be  a  corporation,  o*rp»r«uoa. 
by  tiie  name  of  the  "City  of  Aurora,"  and  by  that  name 
may  sue  an  be  sutd,  com])lain  and  defend,  in  any  court, 
make  and  u^e  a  common  seal,  f>nd  alter  it  at  pleasure  ;  and 
take,  hold  mid  puf'chase,  lease  and  convey,  sucii  real  ar.d 
personal  or  mixed  estate  as  the  [)urposes  of  the  corpora- 
tion may  require,  within  or  witliGut  the  limits  a^ore,^^id. 

§  :^>.  The  city  of  Aurora  sIihH  be  divided  into  four  w»rd8. 
wards,  as  follows  :  the  first  ward  sliall  comprise  all  that 
part  of  the  city  ly'ng  noith  of  the  centre  of  S|.i-uce  street, 
in  the  west  division,  of  Claim  street,  in  the  east  divi- 
sien.  The  scrorid  ward  sh.ail  comj>rise  all  that  part  of  the 
cify  I>ing  south  of  the  first  ward  and  north  of  the  centre 
of  Gjlenn  street,  in  tlie  west  division,  and  M  tin  street,  in 
the  east  division.  The  third  ward  shall  comprise  all  that 
part  of  the  city  lying  soiitli  of  thf'  second  ward  and  north 
of  tho  south  line  of  Holbrook's  addition,  in  the  west  divi- 
si.m,  M\A  of  J'^nks'  addition  and  Stephenson's  addi^^inn.  in 
tlie  ea:  t  division.  The  frrth  ward  shall  Comprise  all  that 
l>art  of  tlie  city  lyirtg  south  of  the  third  ward  ano  nortli  of 
tlie  south  boundary  of  the  city:  Prorit/td,  that  the  com- 
mon couneil  mny,  at  an}'  regular  meelii  g,  increase  the 
numher  of  waiiis  an!  fix  the  boundaries  of   the  same. 

^  1.     A!l  that    p;irt  of  said  city  which  lies   east  of  Fox  niTiticnt. 
river,  shall  be  known  as  the  east  division,  and  .ill  that  piirt 
of  the  same  lying  west  of  said  river  shall  be  known  as  the 
west  divisioa. 


1557.  876 

Chaptkr   II. —  Clfficers. 

CiMMM  ttiaai  ^  1.  Tl»e  municipal  government  of  tlir  city  slmll  consist  of 
•»i.is.*r«  a  ooininon  ronncil,  lomposfd  of  tlie  mayor  ami  two  alder- 
iiiti.  lri»m  faoli  WHrd,  one  of  saiii  aldt-nneji  heing  always 
seltcti"!  trom  the  east  su'f,  and  tli(^  ollifr  IrciiH  the  west 
sjcft*  of  Fox  river,  ill  (lie  several  wurd.s.  The  olh«  )•  otliecrs 
of  the  said  corporation  shall  be  as  lullows :  a  eleik,Hn  at- 
torney, treasurer,  assessor,  niaisl  al,  sir»-et  con missionerS) 
coIU'ctor,  survejor,  three  inspectors  of  election  for  «  ach 
ward,  thr»*e  trustt  ts  for  tach  .school  distiiet,  and  as  many 
fireimn,  fue  wardens,  constahit  s,  ptdictuitn,  watthmen, 
sexton<5,  keepers  of  hridewell  and  such  other  otficers  and 
aijrnts  us  the  common  couiuil  nK»y,  from  time  to  time, 
dir»ct  and  appoint. 

Bt«aU«  §   '1. 

said  city,  on  the  fir<t  Tuesdaj  ot  Mureh  in  each  y»  ar,  at 
such  place  as  tlie  common  rotiiuil  ni;iy  ajipoiirt,  and  of 
which  six  da\s*  previous  pulilic  nutiie  shall  be  givtn,  in 
written  or  printed  notices,  in  each  ward,  bj  the  clerk: 
Proviilt.ll,  that  the  common  council  may  h|  point  a  place 
in  said  city  at  which  all  elections  of  the  several  wards  shall 
be  ht-ld. 

omtmn    to    be       ^  '.\.     At  the  annual   election  there  shall   be  elccttd,  by 

*******  the  quahtiLd  vcteis  of  said  city,  a  ma}  or,  two  stiect  com- 

[Disan)uers,  treasurer,  assessor,  and  collector;  and  the 
porson  having  the  highest  number  of  votes  in  the  whole 
cit),  f;)r  eilher  of  such  ofljces.  shall  be  declarrd  elei-tcd. 
At  the  "nine  tim*-  the  elei'ors,  in  their  respective  ward?, 
shall  vot  ■,  altrr  Ihr  first  i  Uction  under  this  net,  for  oum 
aliit-rn  an  and  ont  ]iolic(-  constable  ;  aiid  the  pi  rson  hav- 
inir  the  highest  number  of  votrs  cast  in  the  wards,  for  such 
offi  ^I'S,  re'<|»nctiv-ly,  shall  b«*  declared  electtul  :  Priivuhd^ 
that  at  the  first  eh  ction  uiidrr  thi^  act  tlo-re  shall  be  two 
ald<-rin«n  «  leett  d  in  eich  of  the  said  words,  one  of  whom 
sliail  C'Mitinufr  in  oillci-  Jf»r  one  year,  and  the  othfT  for  two 
)ear» — the  tcf»ure  of  service  of  such  aldermen  to  be  de- 
terniineJ  by  lot,  l)V  I'lt*  coinmoM  courui!. 

T»rfr.  •( '"i«.  §  4.      Ttn:  «'tficer:i  elected  by  the  people  uijder  this  act, 

*  xcept  alderm'  n,  •^hall  respectively  hold  their  oliices  for 
one  year  and  until  the  elcdinn  and  (]ii  ililiealitju  of  tlu:ir 
jiurccJ^ors  respecli\  elv.  AH  other  ollicers  mentioned  in 
this  aC,  except  alneriren  and  firemen,  and  not  4/thi  rwiro 
DpRCialiy  provided  for,  ^liall  be  nppointed  by  the  coin. .ion 
council,  by  bullot,  «>n  the  Tuesday  next  alter  the  anutial 
el«;cii'»n  in  each  year,  or  a**  vonn  thereafter  as  may  be,  and 
re-periive!y  cr)ri'inue  in  office  one  jear  and  until  the  hJ)- 
p.iiniment  and  f|ual  fu  ation  (;f  their  succeisorM  ;  loit  the 
common  council  mny  authori/.e  :he  mayor  io  appoint  pucli 

f^.Azt  number  of  special  wat':hmen   and  po  ijemen  as  they  may 


377  1857. 

deem  necessary,  to  continue  in  office  diirin'T;  the  pleasure 
of  the  couuion  cotincil.  Otfict-rs  elfcte.ci  or  apj)oii»tccJ  to 
fill  vacancies  shall  re.«|)e('ti\  ely  hold  (or  the  iMievpirod 
term  only,  and  until  the  election  or  a})[>ointiiu nt  and  qual- 
ification ot'tlie  sucoessorjs. 

§  5.  The  sevcial  waids  of  the  city  shall  be  respect-  AUannrt, 
iveiy  re}>re.st-nt»d  in  th**  common  council  hy  two  alder- 
men, who  shall  be  residents  thereof,  one  to  he  selected 
from  each  side  of  Fox  river,  and  hold  their  offices,  respect- 
ively, for  two  years  from  and  after  their  <'lection,  except 
the  class  goiii^j;  out  (  f  office  at  the  expirati'Mi  ul  the  first 
year,  us  iiereiuhtlore  provided  for,  and  until  the  eJectii  n 
and  qualification  of  their  successors.  If,  from  an)"  cause, 
there  shall  not  be  a  quoium  of  aldermen,  the  cleik  shall 
appoint  the  time  and  places  for  fiohJing  a  special  election, 
anil  appoint  inspectois  thereof,  if  necessary  If  any  alder- 
man rt'Uioves  Irom  the  waid  represented  by  him  his  office 
shall  ihereb)   become  vacant. 

§  ll.     If,  from  any  cau-*e,  the  officers  herein  named  shall  F:»iiure   to  ar- 
Bot  be  appointed  on  the  day  named,  the   common  council   ^*""'^°'* 
may  adjourn,  from  time  to  time,  until  spch  «ppoii»tments 
are  made.      If  there  should    be  afailuie  by  the   peo|)le  to 
elect  any  officer  herein   required   to  be  elect*  d   the   com- 
mon council  may  forthwith  order  a  new  election. 

§  7.  Every  per.<on  elected  to  any  office  l)y  the  people  ncmoT»i, 
may  be  removed  fiom  such  office  by  a  vote  of  two- thirds 
of  all  the  aldermen  autijorized  by  this  act  to  be  elected; 
but  no  officer  sliall  be  removed,  except  for  cause,  nrr 
unless  first  furnished  with  the  charges  and  heard  in  his 
defence;  and  the  common  council  shall  ha^e  power  to 
compel  the  attendance  of  witnesses  and  the  production  of 
papers,  when  necessary  for  the  purposes  cf  such  trial,  and 
shall  proceed,  within  ten  da)  s,  to  hear  and  determiut-  upon 
the  merits  of  the  case;  and  if  stich  officer  shall  negh  ct 
to  appear  and  answer  such  charges  tli»n  t/ie  common 
council  may  declare  the  office  vacant.  Officers  ajipointed 
by  the  common  council  may  be  removed,  at  any  time,  by 
a  vote  of  two-thirds  of  the  members.  Any  officer  nuy  bo 
8uspe,-;d»d  until  the  disposition  of  the  charges  j^referieti. 

§  b.  Whenever  any  vacancy  shall  hajjpen,  b)  death,  T*"aeic9. 
removal,  resignation  or  otherwise,  of  any  officer  elected 
by  the  pcO|)le,  snch  vacancy  shall  be  filled  h)  a  new  elec- 
tion ;  and  the  common  council  shall  order  such  new  elec- 
tion, within  ten  days  after  tiie  happeuiiig  of  such  vacancy. 
Any  vacancy  occurring  by  death,  lem  -val  or  resignation 
of  an\  officer  authorized  to  be  appoitited  by  the  common 
council,  may  be  filled  by  a|ip()icitnieiit  of  the  councd,  but 
no  special  election  shnli  be  held  t,»  fill  vaciMcie?!,  except 
mayor  and  aldermen,  if  more  than  six  months  of  their  term 
have  expired. 


IS:.  7.  378 

•iKibiutr.  S  0.     All  citizens  of  tlie  Uniteil  States,  qiialifirtl  t(»  vote 

at  any  election  lield  under  tlii^  act,  slia'l  be  eligible  to  &ny 
otEcc  created  by  tips  act,  except  mayor  and  aldermen,  who 
shall  be  fretliolders  of  said  ciiy- 

MMMr  of  f«n-       ^  10.     The   in  inner  of  condiictincj   and   voting  at  elec- 

*»airt  ciis-  ^-^^^^^  |.g|j  under  this  act,  and  contet-ting  the  same,  the 
keeiiinjT  the  poll  li^t^,  canva'^sinsj  the  votes  and  certifying 
the  return?,  shall  be  the  same,  as  nearly  as  may  be,  as  is 
now  or  m\y  hcreifter  be  provided   by  law  at  general  and 

rr^yi^  slate  elections:    Frarii/t</,  \.\\e  council  sIihII  have  powir  to 

reguhite  election^'.  The  voting  shall  be  by  ballot ;  and 
tiie  ins,)ectors  of  elections  shall  take  the  same  oath  and 
shall  have  the  same  power  and  authority  as  inspectors  at 
general  elections.  The  polls  shall  be  kept  o[ten  from  eight 
o\"lock  ill  the  forenoon  until  sundown.  A  ter  closing  the 
polls  ilie  balluls  shall  be  counted,  in  the  manner  required 
by  law,  and  the  returns  shall  be  returned,  sealed,  to  the 
cleik,  witliiu  twenty-four  hours  after  closing  the  j)olls  ; 
and  tiiereupon  the  common  council  shall  open  and  canvass 
the  same  and  declare  the  result  of  the  election.  It  shall 
be  tiie  duty  of  the  clerk  to  notify  oil  persons  elected  or 
appointed  to  office,  of  their  election  or  apj)ointment,  and 
urdess  such  si  all  r»'f  pectively  qualify  within  ten  da}  s  there- 
after the  offices  shaU  become  vacated. 

<ji«iiflfv.ija   ct       §  11.     No  persju  shall  be  entitled  to  vote   at  any  elec- 
'•**■*•  tioa  iiinler  this  act,  who  is  not  entith  d  t  >  vote  at  state  elec- 

tions, and  has  :iot  been  a  resi.lent  within  tlu'  citv  limits 
six  ifloiil(n  next  preceding  the  election,  and  wh»  sh  ill  not 
Jiave  been  u  re.Nid.Mit  of  the  ward  for  ten  days  Im  lore  the 
election,  and  if  required  by  any  perscui  qualified  to  ^ote 
thereat  shall  take  the  fdlowing  oath,  b»'f)re  he  is  permit- 
ted to  vote:  Pnn'itle'l^  the  voter  shall  be  deemed  a  resi- 
dent ol  trie  ward  in  which  Ik;  is  accu.>t<une{l  to  lodge  :  "I 
8WP4r  (or  alfi  m  tiiat  i  am  )fthe  age  of  twetjty -one  years, 
that  I  am  a  citizen  of  the  United  States,  (or  was  a  resident 
of  this  state  at  the  a(lo|.tion  of  the  constitution,)  and  have 
been  a  resident  of  this  state  one  year,  and  a  resident  of  this 
city  !»ix  monllH  immefliately  preceding  this  election,  and 
am  n  >*v  and  iiave  been  f)r  ten  «l.iys  last  past  a  resident  of 
thi«  w-ird,  and  h  iv  •  not  voted  at  tliis  election." 

CiiAlTKR   \\\.~-P itoi'rs  (Dili  Di'irs  of  OlJiccrs. 

*■  '    1.      Every  person    chosen  or  a[>poifited   to   an  execu- 

tiv«^,  j  !  Ii.iial  or  alininistrativ'i  o^fic^,  under  thiS  actt,  shall, 
beior«  he  enters  ujion  the  duties  of  Ins  office,  take  and 
•u^'jcribe  the  oath  of  offiije  jire.scrihed  in  the  constitution 
of  l^i<  Mtate,  and  fl'e  Hie  same,  fluly  certified  by  the  otfi- 
cor  bcfiire   whom   it  was  taken,  with  the  ulerk  of  the  city. 


379  1857. 

§  2.  The  mayor  shall  preside  over  the  meetin/js  of  the  Maror. 
CCiUiiion  council,  and  take  care  thai  ihe  laws  of  the  state 
and  ordinances  of  the  city  aie  duly  enforced,  respected 
and  observed,  and  that  :til  the  executi\e  officus  of  the 
city  discharge  their  respective  duties;  he  shall  also  have 
the  power,  iX({(Jici()y  to  administer  any  oath  required  to  be 
taken  by  this  act  and  by  any  law  of  this  state. 

§  -i.  The  mayor  sliall  also  have  power  to  take  proofs  runiifr  poiren 
and  ai  knowled^^ment  of  any  deed  or  other  instruLient  re-  "  '""y*""- 
quirtd  (o  be  recorded  by  any  law  of  this  state;  and  when 
the  same  is  authenticated  b)  the  cc^rporate  stal  of  the  said 
city,  sudi  detd  or  other  instrument  shull  be  entitled  to  be 
recorded  in  an)  county  of  tins  state  without  further  proof, 
and  he  shall  be  entitled  to  receive  for  every  such  atknow- 
ledgment  a  fee  ot  one  dollar. 

§  4.  In  case  of  any  vacancy  in  the  office  of  ronyor,  vacancy  in  om«« 
or  of  his  being  unable  to  perform  the  duties  of  his  office,  <*' ""^J*"^' 
by  reason  of  temj)orary  or  continued  absence  or  sickness, 
tho  common  council  shall  appoint,  by  ballot,  one  of  their 
number  to  jirtside  over  ttieir  meetings,  who>e  official  des- 
ignation shall  he  acting  mayor;  and  the  alderman  so  ap- 
pointed shall  be  vf  sted  with  all  the  powers,  and  perform 
all  the  duties  of  mayor,  until  the  mayor  sliall  resume  the 
duties  of  his  office,  cr  the  vacancy  be  filled  by  a  new  elec- 
tion. 

^   5.     The  members  of  the  common  council  ?liall  be  fire  FirewarJens, 
wardens  and  conservators  of  the  peace,  and  shall  be  ex- 
empt  fro'.n  jiuy  dutv  and  the.  payment  of  street  taxes  du- 
ring vlieir  term  of  oflice. 

5  6.  The  (^lerk  shall  keep  a  record  of  the  proceedings  cierk. 
of  the  common  council,  at  whose  meetings  it  shall  bt  his 
duty  to  attend,  and  copies  of  all  papers  duly  filed  in  his 
office,  and  transcripts  from  the  records  of  the  proceedings 
of  llie  common  council,  certified  under  the  corj)orate  seal, 
shall  be  evidence  in  all  courts  in  like  manner  as  if  the 
originals  were  produced.  He  shall  likewise  diaw  all  war- 
rants u])on  the  treasury  and  countersign  the  same^  ai;d  keep 
an  accurate  account  there(  f,  ii.  a  book  to  be  ]>rovided  i )V 
that  purpose.  He  shall  also  have  power 'o  itdminister  any 
oatli  re([uired  to  be  to  taken  by  this  act,  and  shall  be  ihe 
keeper  of  the  corporate  seal. 

§   7.     It  shall  be  the  duty  of  the  city  attorney  to  perform  Auomey. 
all    professional  services   incident  to   the  office,  and,  when 
req  lired,  to    furnish   written  opinions    uj)on   suljtcts  sub- 
mitted to  him  by  the  ma)  or  or  cownnon  council  or  its  com- 
rait'ees. 

§  8.     The  treasurer  shall  receive  all  moneys  belonging  t  eamrer. 
to  the  cify,  and  keej)  an   accurate   accotint  ot  all  receipts 
and  tx]>en(iitures,  in  such  manner  as  the   common  council 
shall  direct;  all  moneys  shall  be  drawn  from  (he  treasury 


1657.  880 

in  puisiiance  of  an  onler  of  tlie  common  council,  l>y  wnr- 
runl,  j:i^'»ril  by  the  clt'ik.  Sui-li  wariHut  slu-ll  spnitv  for 
\»li  it  i)ur|>iisf  t'  e  same  whs  j>uiil.  Tlif  t  j  easiii  er  sitall  ex- 
hibit to  ine  common  coiuuil,  at  lta«Jt  filUtn  dins  Ik  lt)re 
t'le  ai>nual  fl«'ctiun  of  etuli  }tar,  and  oftencr,  if  riMiuiied, 
a  full  and  dttttiled  acci  unt  of  all  tlie  receipts  and  expen- 
ditures Mfter  tlie  date  of  the  last  annnal  report,  and  al<o  i 
rrp  »rl  of  the  state  of  the  treasurj;  which  rvport  shall  be 
filed  ill  the  otfioe  of  the  ilerk. 

Mm**i.  ^   IK      The   mar-hal  slidU  liave   the  cnstody  of  the  com* 

mon  council  room,  attend  all  its  nieelihi^*-",  nnd  |)('rtorm 
b'uch  othtr  ditties  as  shall  be  prc^ciibed  by  the  rules  and 
ordinances  of  the  common  council. 

9mr^»t3*-  §    I''.      Tne  city  siirveyor  shall  have  the  sole  ])Ower,  un- 

der th'^  direction  <>f  the  common  council,  to  sur\ey  withlh 
the  city  limits,  and  possess  the  same  [•owtrs  tlurein,  in 
roakini^  !>urve3s  and  plals,  as  are  given  by  law  to  county 
surveyors,  and  of  the  same  bindin«:j  eff'^ct  and  validity. 

•«H«cttr.  §    11.      It  shall  be  the  dutyut  the  collector  to  ccdl^'ct  all 

tax  '.^  and  a-sessments  which  maj  be  ]e\  ied  by  sai<l  «  i*y» 
and  p»iform  such  other  duties  us  may  be  prescribed  !»}•  the 
common  Council. 

Amm4.f.  ^    l:j.     The  assessor  shall  perform  all  the  duties  in  re- 

la'ion  to  ♦he  a9ses««iiig  property)  for  the  purpose  of  K-vy* 
ini;  tdXPS  imposed  by  the  common  council.  In  the  per- 
f'>rmnnce  of  his  duties  Iik  shall  have  the  same  powers  as  are 
or  may  be  g.ven  by  law  to  town  assessors,  and  bo  subject 
to  the  same  liabil  ties. 
»•*-  §  \'\  It  sImII  he  the  duty  of  tin;  street  commissioners 
tn  superintend  all  iinprnvi-nients  in  making  and  repairing 
«treet<,  alleys  and  briil^cs  vvitliin  the  limits  of  the  city,  and 
to  cirry  inin  etf  ct  all  llie  orders  of  the  common  council  in 
reld'ion  thereto. 

§  1  i.  Evt-ry  p(  rson  aj)j>'iiiifed  or  elected  to  the  office 
of  constable,  shall,  before  he  enters  upon  the  duties  of  liis 
otfice,  Willi  two  or  more  suretits,  to  be  ajiprnved  by  the 
mayor,  execute,  in  the  pf  esence  of  the  clerk  t»f  the  city,  an 
inslruaent  in  writing,  by  wliinh  such  constable  and  securi- 
ti»-^  shall  j  linllv  ainl  s«rverally  agrre  to  pay  to  each  and 
every  ppr^Oll  who  may  Ijc  entitled  th-reto,  all  sucii  sums 
of  morif-y  h  .  the  ^aid  con^table  may  hv.  liable  to  pay  by  rea- 
son or  on  aecoiint  oi  any  snmm'>ns,  exr-ciition,  di.ttress 
war.'aul  or  other  proc^sH  whi  h  shall  he  delivered  tn  him  for 
collection.      Tne  clerk  MltHll  fib;  the  same  with  tin*  ma\or's 

•  p|>roval  thereon;  and  a  coj»y,  ccrnlird  by  the  clerk,  under 
th*-  corji  »rd*«*  sefil,  "(h  til  be  prrsuin jdi\e  evidence,  in  all 
COiirty,  of  the  exeniiioti  thereof  by  such  con' table  and  liii 

•  iiri'tie*;  and  all  aci  >n«  iheteon  sliall  be  prosecuted  with- 
in »w<>  y»"»r/i  after   the   expifHtio  i   of  the    )enr    for  which 

•  iir;h  coii<t4li!<;  WaH  Rpp'orit*-d  or  el>;cled,  and  may  bo 
broiij^bt  ill  tlio  n«m<-  o(  the  person  or  p«-rson&  entitle li  to 


9ut^ 


381  1857. 

the  money  collected  by  virtue  of  siieli  instriiments.  Such 
considi)!  i  in<iy  serve  any  process  tliar  may  h)  Uw  be  served 
by  it  c  instable  under  the  towuship  urbanization  law  or  this 
»ct. 

6  15.  The  common  council  shall  liave  power  from  time  Funher  doiy  %t 
to  time,  to  require  lurtiier  and  other  duties  ot  all  otncers 
whose  (luti«'S  are  herein  prescrined,  and  prescribe  the  pow- 
ers and  duties  of  all  officer:*  a p|ioin ted  or  eh- o ted  to  any  office 
under  t:iis  act,  whose  duties  are  not  herein  Sj)ecitieally 
mentioned,  and  fix  their  compensation.  Tliey  may  aliJO 
require  bonds  to  be  given  to  ihe  city  of  ,vurora,  by  ail 
officer^,  tor  the  faithful  jierformance  of  their  duties. 

§  It).  Tlie  treasurer,  colUctor,  marshal  and  street  omccrs  to  n^i 
Coniinis>Moners,  shall,  sevei  ally ,  before  they  enter  upon  the 
duties  of  their  res[>ective  offices,  execute  a  bonil  to  the 
city  of  Aurora,  in  such  sum  ami  with  such  securities  as  the 
common  council  shall  approve,  conditioned  that  they 
shall  faithfully  execute  the  duties  of  their  (tffices  and  ac- 
count h)r  and  pay  over  all  moneys  and  other  ]  roperty  re- 
cei^'ed  by  them  ;  whit'h  bonds,  with  the  approval  of  the 
common  council  certified  thereon,  by  tlie  clerk,  sliall  be 
filed  with  the  clerk. 

§   17.      The  common  council  shall,  annually,  designate  a  omciai  n««r«p»- 
newspiper  printed  in  said  city,  in  which  shall  be  jiublished    ^^^' 
all  ordinances  and  other  mitters  which  the  common  coun- 
cil m^y  order  to  be  pu\»lished,  -^nd  fix  the   price  for  print- 
ing such  ordinances  and   other  matters. 

§    18.     Any  person  holding  iin  office  under  this  act,  who  i>'>it  t«  wo^m- 
fhall  fail  to  deliver  to  his  successor  all  the  eity  property 
in  his  hands,  on  vlemand,  shall  forfeit  to  the  city  one  hun- 
dred dollars,  besides  all  damages  caused  by    his  neglect. 

Chapter    IV. — Of    tlie    Common     Council — lis    general 
Powers  and  Duties. 

§  1.  The  mayor  and  aldermen  shall  constitute  the  Oomiw>o««B«j. 
common  council  of  tie  said  city.  The  common  coun*^  il  shall 
meet  at  such  times  and  places  as  they  shall,  by  resolution, 
direct.  The  mayor  may  call  extra  meeting  of  the  board, 
and,  when  present,  shall  preside  at  all  meetings  of  the 
common  council,  and  shall  have  only  a  casting  vote.  In 
his  absence  any  one  of  the  aldermen  may  be  appointed  to 
preside.  A  majority  of  t  le  pur'^ons  elected  as  aldermen 
shall  constitute  a  quorum. 

^   J.     The    mayor    an]  ahlcrmen    sliall  serve    without  Comptmmium. 
compensation  from  the  city  funds,  bu^  tHe  mayor  n  ay  re- 
ceiv«'  such  fees  as  may  by  i"vw  or  or'^inance  be   provided. 

§  3.  The  common  councii  sliall  ju'lge  o**  the  qualifica- 
tion, elections  and  returns  of  in  own  members,  and  de- 
termine all  contested  elections  undei  thi5  act. 


1857.     .  882 


AUta  Li-  -c. 


^  4.  Tao  common  I'ouncil  sliall  have  ]>ower  to  compel 
the  uttrndance  of  its  own  nit-mber*',  and  h«ve  the  nn\r  ige- 
iBc-nC  and  control  ot  the  fiiiaures  and  property  ht  linking 
to  ti>e  oorp(»rati  >n,  and  sliall  HUt  w  i<st'  lia\  »•  powt-r  wilhiu 
the  j«ir»sdielion  oJ  iho  cilv,  l»y  orilinaiioe, 

««m:«(  Firs/ — To  restrain  and   prohibit  hII    dpscriptinn"  of  k'ft- 

niint5  Had  fraudulent  devices,  and  all  playin^r  of  dice,  cards 
and  oiher  games  of  chance,  with  or  without  b»ttii.p;. 

atm«*  StcoNii — To  license,  tax,  regulate   and   prohidt  billiard 

tables,  pin  and  hall  alltys,  and  to  aiitliaiize  the  dejstruc- 
tion  and  ueiuoliiion  ot  all  instruments  and  devices  used  for 
the  purpose  of  g'*<nlng. 

Thmrittu  Third — To  restrain,    regulate,    prohibit    and    su|'pross 

tippling    iiotist  «5,  di.im  shops,    gambling    houses,     bawdy 

»*  i  ,  •  hou-^es,  and  otiier  disorderly  houses,  and  the  st-llijg  or 
giving  away  of  any  ardent  spirits  or  intoxicating  lumors, 
whether  ardent,  vmou-^  (^r  ferinenteil,  by  any  person  within 
the  city,  except  by    persons  duly  licensed. 

jartianeert  mi       Fourth — To  Ucense,  tax  and  legulate  auclioneers,  mer- 
'*"*  chants,   podillcrs,   retailers,  grocers,    taverns,  ordinaries, 

hawker?,  brokers,  pawnbrokers,  bankers  and  money 
chmger^. 

••.-TUiM.  Fifth — To    license,   tax    and  regulate   hacks,   wagoDS, 

carts,  drays  and  porters,   and  fix  the  rate  of  cliarge^. 

*"»••  SLrth — To  licinse,  tax  and  regulate  theatrical  and  o<her 

exhibition?,  shows  and   amusements. 

!-..•-.♦«  S,  vi  nth--'To  auilririze  the  inawir  or  other  proper  offi- 

cer of  thu  city  to  grant  and  issue  lircn.ses,  and  c'lten^ine 
the  fees  to  be  paid  therefor.  No  license  fhall  be  gr.M.led 
for  more  lhnn  one  year;  and  not  less  tlian  five  nor  more 
than  five  hundred  dollars  shall  be  required  to  bo  paid  for 
any  licence  under  ihij  act.  A  bond  shall  be  taken  rn  the 
granting  of  license,  for  tlie  observance  of  the  ordinujcei 
or  r»  giilHlions  of  the  common  council. 

Ili^/ith  —  To  prevent  and  suppress  any  riot,  noi.T,  'lis* 
turbancb  or  disorderly   assembly. 

,Vinlh — To  compel  the  owner  or  occupant  of  any  gro- 
cer), Cellar,  tallow  or  soap  factory,  stabl-,  privy,  sower 
or  other  unwliolesomc,  naii«Jeous  house  or  place,  to  rleanie, 
remove  or  abate*  the  s  a  in  e,  from  litm:  to  time,  u'^  thu  health 
and  comf  )rt  ol  the  public  may  require. 

Ttntii — To  establish  and    regnjate   markets  ond  other 
pubiic  bnilJings,  and  determine  iheir  location,  and  license 
iind  prohibit  biitcher<i,  and  restrain  an<l  puni>4h  forestalling. 
KUvnitli — To  direct   and   regulat*-  (lie   sl'-rage  of  gun- 
powder and  otiier  C'>rahnjtible  m»it«rials. 

**'•••*  Tirrlfih — To    prevent    liorjo    rfieing    and    iminoderate 

driving  and  abuse  to  animals,  and  ulso  reguUte  the  rate  of 
Bp'te.l  Ht  which  locumotivei  and  railroad  cars  may  be  driven 
in  laid  city. 


V«!*>a  ». 


383  1857» 

Thirteenth — To    prevent  tlie  incumbering  the  streets,  in. uuii.ru«to». 
alle]^s  and  piiblu^  ground;'. 

Finirteent/i — 'i'«»  rej^ulate  tlie  times  and  places  of  bath-  imioccrny. 
ing,  and  to  prevent  obsiene  and  indt-ctnt  txp(jsure. 

FiJU'vutti — 'I'm  restrain  and  punish  vagrant^)  street  bt*g-  v^-Kranu. 
gars  and  pruslitutj'-j. 

Sixteenlli — To   restrain    and    regulate    r»r  proljibit    the  AiimaU. 
running  at  i:irpe  of  cattle,  horses,  swine,  sheep  and  goats, 
and  to  authorize  the  distiaining,  iinponliding  and  sale  of 
the  same  lor  tin   penally  incurred  ami  the  cost  ol  proceed- 
ings. 

Sevenleintli — To  j)revent   the  rnnnirg  at  Iarg«  of  dogs,  r)vA*. 
and  to  autliorize  the  destruction  of  the  fiime  when  at  large. 

Kigliteentk — To  make  regulatu^ns  to  ]»rev€nt  the  intro-  CfntagioM  au. 
ductioM  of  contagious  diseases  into  tiie  city. 

A''itieteintli — To  ha\t  exclusive  ])oufcr   over  tlip  streets  S'rpctg  unA  »i. 
and  alleys,  and  to  remove  and  abate  an\  obstiuctions  antl    "  '' 
encioae.hmf  nts  theiein,  and  to  compel  all  ptisuns  to  l;etp 
the  snow,  ice  and  dirt  from  tlie  sidewalks  in  Iront  v.f  the 
premises  occupied  by  thtm. 

Tiivtictli — To  prevent  the  nnging  if  bells,  blowing  of  BciiK,k«. 
horns  iind  bugles,   crying  of  goods  and    all   other   noises, 
pel  formnnces  arid  devici  s,  ttudingto  the  collection  ol  per- 
sons in  the  strt^ets,  and  public  disturhancr s. 

Ttcivtj/jlrsl — Tu   abate  all     nuisances    in   a  summary 
mum.,  r. 

Ttt'eniij-scc:^ncl — To  regulate  the  burial  of  the  dead,  and  Buriai. 
the  registration  of  biiths   and  death--. 

Tictnt;j  t/iird — To    a]ij)oint  watcliineii  and  policemen,  ^^^atchmen. 
and  pre-oribe  their  duties  and  powers. 

Tirenti/ -fourth — To  regtilate  the  measuring  and  inspec-  Lumic-,  «i«. 
tion  ot']iimb«»r,  (f  all  kinds,  and  firewood,  pnd  the  weigh- 
ing of  coal  and  hay. 

Twe7it>/-fijlh — To  regulate  the  inspection  of  flour,  meal,  ProviBioM. 
pork,  bert   and  oilier   provisions.  ?s   well    as  whi^k^    and 
other  liquors  in  barrels,  liogsljeads  and  other  packages. 

Twc lit  1/ -sixth — To    appoint    inspectors,    A/eighers    and  insiocfon. 
gu«»gers  and  regulate  their  duties  nnd  prescribe  their  fees. 

Turnfy'}<rvitith — To  regulate   the  police   cf  said  city.  roiic«. 

Twenty  ct^^/iih — To  e.^tat)lish  and  regulate  public  pumps,  water, 
wells,  and   cisierns,  hydrants  and  reservoirs,  and  to  pre- 
vent the  unnecessary  waste  of  water. 

Twenty-niiith^-To  establish  and  regulate  public  pounds.  P<'"nd 

Tliirtiith—Tci  provide  for  lighting  the  streets.  (;aa. 

Tfiirly-Jlrst — To  provide  for  inclosing,  iinjiroving  and  Putuc rtoxiimi*. 
regnlatirig  all  publie,  grounds  belonging  to  said  cit}. 

Thirti/- second — To  provide  for  the  ]irevention   and  ex-  ^'f««« 
tingui^hing  tircs;   to  organize  and  establish  a   fire  depart- 
ment and  tire  companif.s,  and  to  regulate  and  prohibit  the 
erection  oi  wooden  buildings  in  any  part  of  the  city. 


is:> 


C««J^«. 


■  mIJi. 


•mtitf 


384 

Thirty -third — To  provide  for  taking  the  ooiisus  of  the 
city. 

/'.\ir/i/-/our//i — To  appoii:t  n  Imanl  ol  niHoisti  atri?,  to 
consist  uflwo  aldtiin«ii  Hiid  a  justire  of  tin  juMce.  wliose 
duty  il  shall  be  to  Sf  e  thiil  the  jtour  i»t"  tht-  rit^  are  i)rt)i>er- 
ly  cared  for. 

Thirtyfiflh — To  er-ct  and  esUhlish  a  hridew*  II  or 
hoiKf  i»r  coireiMioii,  pass  nil  nti'«ssi\ry  ordiiiHiiees  tor  the 
rei'iiUliop  therroV,  Hiid  a|)poiiit  ke»'peis  aiid  a>sist«nts^ 
In  llie  said  biidtwill  shall  be  coiifirie<i  all  vagrants,  slrap;- 
gler?,  idio  and  djsordeily  pt  rsuns,  and  all  p»Tsons  sen- 
tenc»-d  by  any  court  or  md^istrate  iti  and  lOr  the  said  city, 
for  any  assault  and  haltetj,  petil  larceny  or  other  inifde- 
nuafiPrs  pnni-'lialde  by  iniptisoiinuMit  in  JUi)  ronnty  jail 
phdl!  be  kfpt  tlierein  sn*>j^et  t(»  labor,  ami  also  all  per- 
Son«:  (letjiiiied  for  examination  lor  criminal  «  llVrices. 

Thiriif-sirth  —  To  direct  and  regulate  the  planting  and 
preserving  ornamental  trees  in  the  streets  and  public 
grour.dii. 

'rhirtij-scventh  -  To  borrow  money,  on  the  credit  of  the 
city,  not  exceeding  live  thousand  do'lars  iti  aiiy  one  year, 
and  pledge  the  revenue  of  the  city  for  its  payment,  and 
issue  bonds   therefor. 

7yiirti/-fig/i//i — To  do  all  acts  and  make  all  regulations 
which  may  be  necessary  lor  the  j)reservatioii  of  health  and 
the  suppression  of  disease. 

Thirty-niuHi — To  prevent  any  person  from  bringing, 
de|)ositing  or  leaving  within  the  liujits  of  said  city,  any 
dead  cnictssor  any  other  unwholesome  or  oHVn>ive  sub- 
stance, and  to  require  the  removal  or  dejtiuction,  by  any 
person  who  shall  have  plac» d  ()r  cau^e  to  be  placed,  upon 
or  ;jear  his  premises  any  such  substances  or  any  jiutrid  or 
unbound  beef,  j)ork  orfnh,  hides  or  skins  of  Ruy  kind,  and 
•n  his  defi>ii|t,  to  authorize  the  removal  or  destruction  of 
the  «»ame  by  some  oflRi-er  of  sjiid  city. 

F  >rli'Ui — The  common  council  shall  have  power,  and 
it  is  lierer\  made  tlu  irduty,  to  select  and  proi'ure  grounds 
upon  StolpN  Island,  for  city  buiIdiiiL;<:,  in  which  .•«hall  ha 
k»*[)l  the  post  otficc,  i)ridfw«dl,  court  house,  common  coun- 
cil room,  jail  atid  rooms  fur  the  transacting  of  the  publia 
busings*  of  Raid  city. 

J-'iirlfi  J'irsl  The  common  council  shall  have  power  to 
make,  publish,  ordain,  amend  and  repeal  all  such  or«li- 
nances,  by-lawn  and  p(d»ce  regulations,  riot  contrary  to 
the  con-ititution  of  this  sliite,  for  ihc  >»ood  governmifit  and 
order  of  lite  f<aid  city  sixl  trade  and  business  thereof,  af 
may  he  n^'ces^ary  or  expedient  to  carry  info  efTcct  the 
powrrs  vetted  in  Ihecoi.imon  councilor  any  ftfficer  of  Fiiid 
city  by  thii  act,  and  enforc-  observance  f)f  all  rules,  ordi- 
nancm,  bj-lawi,    police    and   other    regulationii,  made    in 


385  1857 

•  

f)nr<5iianc«^  of  tliis  act,  by  penalties,  not  exceedin'^  one 
iiniilivtl  ddllars  for  any  ittTt-nce  af^uinst  the  same.  Tlie 
common  roiincil  may  also  eiiforce  sucli  rules,  ordinances, 
by-laws' and  pidice  and  ..titer  rej^ulaticns  as  aloresai«J,  hy 
|)uni-.iimfnt  ol'  fine  or  iinjtri'Jonment,  or  botli,  in  tlie  coun- 
ty jail  or  bridewell,  in  the  discr«  tion  of  the  magistrate  or 
court  before  wliich  conviction  may  he  had;  PruciUi  d^  sncli 
fine  shall  not  exceed  five  hundred  dollars  nor  the  im|)ris- 
onmenl  six  months.  Ever>  such  oidinanre  or  hylaw  im- 
posing my  penally  or  forttitnre  for  the  \iolation  of  its 
j)rovisions,  shall,  after  its  passage,  he  published  for  two 
weeks,  successively,  in  the  corjKtration  newspaper  of  said 
cil)  ;  and  proof  of  such  publication,  by  tie  affidavit  of  the 
printer  or  publi>her  of  such  paper,  taken  before  aji}  per- 
son authorized  to  administer  oaths,  and  hied  with  the 
clerk  of  the  coiirt,   or   any  other  competint  proof  ot   suiih 

f)ublioa(ion,  shdll  be  ooncUi^^ive  e\  i<lt /ice  of  tlie  legal  | nb- 
ic  itiou  and  promulgation  of  such  ordinance  or  by  law, 
in  all  courts  and  places. 

Chapter  V. — Fire  Department. 

§  1.  The  common  council  shall  have  power,  for  the ''"■^<»  i"''* 
purpose  of  guarding  nga'nst  the  calamities  of  fir*-,  to  pre- 
scritte  the  limits  within  which  wooden  bnildihg><  shall  not 
be  erpct«'d  or  repaired,  without  the  permission  of  the  com- 
mon council;  and  generally  lo  estal  li.sh  s^neh  regulations, 
for  the  prevenion  ar>d  extingni-'linient  of  fiies,  as  the  com- 
mon couufil  may   deem   necessary  and  »xj)»'dient. 

§   2.     The  common   council  shall   provide  all  necessary  Firpoigiiws. 
fire  engines   and   other   apparatus   f'>r  the   extiuguishmejit 
of  fires,  and  erect  suitable  engine  houses. 

§   'i.     The   common   council   shall    also  have   pnw»T  to  chimncr*. 
regelate    the    construction  of   chimneys    and    fir*-  |)l'»ces, 
places  of  dej)t)sit  for  ashes;   to   regulate   and    prevent   tho 
use  ol  fire  arms  and  fire  work-*,  and  the  erection  of  manu- 
factories dangerous  in  causing  fires. 

§   4.      To  aj)jtoint,  dui  iig  j>leasure,  a  com|)etenl  niniher  riromaa. 
Qf  inhabitants  of  the  city,  firemen,  who,  with  the  nuinfnrs 
of  the  comm<ni  council,  shall,   duriuL'  the   term  of  s»  rvice 
as  such,  be  exempt  from  serving  on  juries  and  from  wojk- 
ing  out  any  road  or  street  tax. 

Chapter  Vl.'~~Miscelfaneous  Proviiions. 

§  1.     Til"!  act  shall  not  be  construed  to  atithorize  the  jii«ti.-,)   «r   m 
common  council  to  suspend,  try  or  remove  from  office  any    '"'■'•• 
judge  or  an>  justice  of  the  peace  elected  under  this  act. 

§   '2.     All  actions  brought  to  recover  any  penalty  or  for-  ^coow. 
feiture  incurred  utuler  this  act  or  the  ordinances,  by-laws 
—47 


ISoT.  386 

or  p<»Hoe  remil.ttions  made  in  )>uistianre  of  it,  shall  be 
brought  in  the  cor^joiato  name  ot  said  citj;  and  in  snch 
action  it  shall  be  lawful  to  declare,  generplly,  in  debt  for 
sncli  penalty  or  forfeiture,  stating  the  section  of  this  actj 
thf  by  law  or  ordii.;\nce  under  whieh  the  jw-nalty  is  claim- 
ed, ami  to  i»ive  the  sp»^eial  matter  in  e\  idence  under  it. 
The  lirst  process  in  any  such  action  shall  be  hy  summon!', 
unless  oath  or  affirmation  be  made  for  a  warrant,  as  in 
other  cases;  and  execution  may  issue  immediatelj,  with- 
out oath    on  the  rcn.lititin  of  jiuij^nu  nt. 

ri»*«   i-4   :a-       §   l\.     If  the  (Ufendant  in  such  action  have  no  gciods  or 

''*'''^'-'''-'^  chatteli  whereof  judgment  c;»n  be  collected,  or  haxing 
such  does  not  oay  or  offer  to  turn  <>ut  upon  such  execu- 
tion property  to  secure  the  same,  the  execution  shall  re- 
quire the  dvfeniiant  to  be  imprisoned  in  close  t  ustody  in 
the  bridewell  of  s:\id  city,  one  dr.y  for  each  fitty  c»"nls  of 
su<^h  jadjTinf  nt  and  cost.-;  and  the  officer  liavini^  such  exe« 
ctifion  shal'  f)rthwith  an  est  an«l  inipnsou  such  defendant, 
according  to  the  mandate  cf  such  wjit  or  execution. 

riM«  *M  for-  ^  4.  All  fines  and  forfeitures  collected  for  penalties  in- 
curred within  the  limits  of  sstid  city  shall  be  paid  into  the 
treasury  of  said  city  hy  the  oflicers  collectinf^  the  same. 

witr««*-,  ^    ').      No  p»T  on  shall  be  an  incompetent  jnd^r,  ju.'stice, 

i.^**  *  °*  witness  or  jurf»r  by  reajon  of  his  being  an  inhabitant  of  the 
city  of  Aurora,  in  any  action  or  proceeding  in  which  said 
city   is  a  party  in  interest. 

r^.»i<i  •rji-       ^   0.      All  orilinanees  of  the  city,  when  printed  and  pub- 

******  lishid  by  authority  of  the  common  council,  siiall  be  leceived 

in  all  courts  and  places  without  fmthir  proof. 

r«v«:«tt.M*-  §    7.     The  common  council  shall  havo  ])(»wer  to  desig- 

nate two  or  more  jiHticcs  of  the  peace  in  said  city,  who 
shall  have  jurisdiction  in  any  action  for  the  recovery  of 
any  finn  or  penalty,  under  this  act,  »-r  auy  ordinance,  by- 
law or  |)(d»LM   regulation  of  the  common  council. 

r>vr^t»<ie**ri       ^  H.      Such  justice  shall  have  power  to  fine  or  imprison, 
***'*■"  or  both,  in  their  discrelioji,  when  discrtiJon  nniy  be  vested 

in  tliem  by  an  ordinance  or  regulation  of  the  common  coun- 
cil or  by  Ibis  act 

iinuiMi^v.  J  0.     N-jthing  in  thi.i   act   shall  be  so  construed    as  to 

omt  any  court  of  jurisdiction  t'>  abate  or  rnnove  nuisances 
in  the  strreH  or  any  other  parts  of  the  city,  or  within  ilfl 
jarisdtc(i(«n,  by  indi'rtment  or  otherwise. 

r.v.,  '.:  t^t.  •       ^    H).     Neither  the  mayor  or  common  council  !.hall  re- 
**  mit  any  fine  or  penalty  imposed   uj)on  any  persons  for  the 

violaiion  of  the  laws  or  ordinances  of  said  city,  or  release 
from  imprisonment,  urdess  two-third.s  of  all  the  ald'-rmen 
authnri/ed  to  be  elected  ihall  vote  (or  such  release  or  re- 
mission. 

T4«  r«r./w4..  511.  No  vote  of  the  common  c<juncil  shall  bo  recon- 
sidered or  rescinded   at  a  special  meeting,  Jinhss  at  kucIi 


HM. 


offlMn . 


387  I8fi7. 

special  meptinn;  be  ])resent  as  larp;e  a  number  of  aldermen 
as  w»Te  pU'Seiit  wljen  siicli   vote  was  taken. 

§  12.     The  cemetery  lots  which  have  or  may  be  laid  out  CeweUry  )on. 
and  sold  by  sai  I    city  for  private  ()laces  of   burial,    shall, 
with  the  appurtenances,  forever  bi;  exempt  from  taxes,  as- 
sessments, «  xecu'iofi  and  attacliinei>t. 

$  lo.  The  common  council  shall,  at  least  ten  days,  be-  Anrmii  luu 
fore  the  annual  » lection  in  each  year,  cause  to  be  pub- 
lished in  the  city  newspaper,  a  full  and  correct  statement 
of  the  receipts  and  expeiuliturcs,  from  the  date  of  the  lasl 
annual  report,  together  with  the  sources  from  whence  the 
former  are  derived,  and  their  mode  of  disburseiut  nt;  and 
also  a  distinct  statement  of  the  whole  amount  assessed,  re- 
cei\ed  and  expended  in  the  respective  wards  ami  tiivisions 
for  making  and  repairing  roads,  highwavs  and  bridges  for 
the  same  period,  together  with  such  other  information  as 
may  be  ntcessnry  to  a  lull  understanding  of  the  financial 
concerns  o!  the  city. 

§  14.  All  officers  of  the  city,  created  conservators  of  Citj- 
the  peace  by  this  act,  shall  have  power  to  arrest  or  cause 
to  be  arrested,  with  or  without  process,  all  such  persons 
who  shall  threaten  to  break  the  peace,  commit  for  examina- 
tion, and,  if  i.ecesssary,  detain  sticii  persons  in  custody 
over  night,  in  the  bridewell  or  watch  house  or  other  safe 
place,  and  shall  have  and  exercise  such  powers  as  Cv^nser- 
vators  of  the  peace  a?  the  common  council  may  prescr.be. 

§  15.  The  city  of  Aurora  shall  not  be  liable,  in  any  case, 
for  the  board,  jail  fees,  clerk  f^cs,  witness  fees,  jury  fees 
or  otlier  officer's  fees,  for  persons  wTO  may  be  committid 
by  any  officer  of  ihe  city  or  by  any  court  or  magistrate 
thereof  to  the  bridewell  of  said  city,  for  any  offence  pun- 
ishable under  the  general  laws  of  this  state;  but  the  same 
shall  b'2  certified  by  the  common  council  to  the  board  of 
supervisors  of  Kane  county,  who  shall  credit  and  allow  the 
same  as  chargeable   against  said  county. 

§  li5'     All  property  described  in  this  section,  to  the  ex-  Prop«rir  «pmp« 
tent  herein  limited,  shall  be  exempt  from  taxation,  that  is    '"'°*"*'- 
to  say: 

[/7r.</] — AH  public  school  houses  and  houses  used  ex- 
clusively for  public  worship,  the  books  fend  furniture  there- 
in, and  the  grounds  attached  to  such  buildings  necessary 
for  the  proper  occupancy,  use  and  enjoy  iient  of  tlin  ^ume, 
and  not  leased  or  otherwise  used  with  a  view  to  j.rofit;  all 
academies,  all  endowments  made  for  their  support,  all 
buildings  ccnnected  with  the  same,  and  oil  lands  cormect- 
ed  with  institutions  cf  learning  and  not  used  with  a  view  to 
profit. 

Second — All  lands  used  exclusively  as  grave  yards  or 
grounds  for  burying  the  dead. 


I^ab.iitf  of  cilf. 


Tm>»f  p»<f  >rty, 


^*«M«i  SCtJ. 


Third — All  builtiJii^s  belon^ipg  fo  the  oify,  iijseiT  for 
liolilii>i*  iM)iiit<,  hir  j.»i!s  luul  bi  «l»  wi  II,  wjiii  ilio  wioui.il* 
on  wliirli  siK-li  biiiUiiDgs  are  ert-itcii. 

Fourth — All  Ittuils,  iiouses  aiid  ntlur  biiiMiiigs  tnviied 
by  llie  city  unU  ustil  lor  ibe  accoiMinodoticu*  and  support 
ol  I'f  poor. 

FiJIh — All  fire  e»»«»ines  ami  ollur  ijnpl»in«iits  iis«  tl  for 
the  f xti*  guisliiiu'iit  ul  flit's,  with  ihe  biiiliiui^s  ustiliX- 
clusivfly  IdT  the  ^;a{"e  ktepiiiL;  thertol  ajul  lor  llie  in t-i.' tings 
ol  the  firemen. 

.SV.j//i— .All  niarki  t  houses,  public  squnres  and  other 
]>ublic  gruuinls,  us«  d  exe'usivtiy  for  )«uhiii'  pui  post  a. 

.S>(M»//*  —  All  WMtt  luoiks  belui.gijig  to  said  eit),  used  to 
convey  water  to  said  city. 
iv<r>^  r-.fa'.t.  J  IT.  All  fine-,  dctiims,  riglits  of  action  and  penalties, 
whiih  have  aciiutd  to  the  village  corpoiation  ol  Aurora 
and  Wtst  Auroia,  shall  bevestedin  and  prosecuted  by  the 
corporation  herel»)   cn-ate  1. 

§  18.  The  property,  real  n:.d  ])ersonal,  togethiT  with 
the  lecords  and  effects  of  the  presefjt  corporations  of 
Aurora  and  West  A»r«»ra,.*<hall  be  and  vested  in  the  city  of 
Aur<ird;and  (he  said  city  shall  thereupon  assume  the  debts 
an*!  Iia^ilitie:ii  of  sanl  coi  porationt'. 

<j  !'.•.  AH  acts  U'ld  paits  of  acts  incorjiorating  Aurora 
an<i  uineivddlor)  theit-of,  coming  within  the  pri  visions  of 
this  churler  or  conlraiy  to  or  incorisisteit  with  the  pro- 
visions of  tliis  act,  and  the  organisation  of  West  Aurora 
under  the  gener>*l  laws  of  this  >»al«-,  are  hereby  lepeuletl 
and  aSr»i)»rttf»l:  Pruffftlui^  that  ail  oi  dinaiu-es,  legiiiations 
and  rt-soluiions,  now  in  h)rce  in  either  ol  said  towns,  shall 
reuiain  in  force  nndtr  this  act  until  repe.tli-d  or  modified 
by  the  common  council;  and  all  officers  of  each  of  said 
towns  <ihall  hold  tin  ir  oHices  and  peiloiin  the  (iuties  now 
required  ni  th«  m  until  tiie  election  and  (jualification  of 
otficers  under  this  act. 

CiiAPTKR  VII  — 7\/ars  and  JlsscsstJients. 

§  1.  The  common  council  sh**!!  have  power  and  an- 
tliority  to  levy  and  <-r)lIect  laxrs  Upon  the  real  and  per- 
gonal e^tHte  within  the  limits  ol  fnwA  city,  not  ex''eeding 
one  per  c»'n'.  upon  the  as.«ie8"-"d  value  thereof,  ami  may 
enforce  the  pB)m»nt  of 'he  same  in  any  manner,  to  be  pre- 
icrib^d  by  ordinance,  not  repugnant  to  the  constituiion 
and  laws  of  this  n  ato ;  and  aft*  r  smicIi  taxe.s  arc  collected 
the  common  council  shall  pay  all  general  expenJ«es  of  tlig 
city,  and  th«T»'.tff»T  «  xpend  in  iniprf)vements,  oneaih  i»id« 
of  Fox  river,  within  the  city  liiailfi,  the  rtmainrT  of  faid 
tax,  according  to  the  asBCSetd  valiic  of  property  or  tax 
collected  tbereupor. 


S89  1857. 

•  

5  2.  Tlje  common  council,  by  ortltnanct',  may  rfrjuire  «o8.iint>or. 
every  male  resident  of  llie  city,  over  tlie  Hge  of  twenty- 
one  years,  to  labor  n'»t  exceefitnp;  three  <lo>8  in  ♦•acli  year, 
tipon  ttie  streets  and  alle.js  of  s<iid  city,  at  such  ti'»e  and 
in  jUcIi  niafincr  as  the  street  commissioner  m?.y  <lirect; 
but  any  such  person  m;iy.  at  his  o[ttion,  pay,  in  lieu  thereof, 
one  doll;ir  lor  each  day  he  shall  be  so  assessed  to  Inhor; 
and  5itch  labor  and  payment  shall  be  in  lieu  of  aW  labor 
re([iiire(t  to  be  performed  upon  any  road,  street  or  alley 
by  any  law  of  this  stnle;  and  in  default  of  the  j)ajment  of 
■SUoU  ni  )Hfy  or  tin?  performance  of  such  labor  (he  ]»artj' 
thus'  ne^leetin^T  shall  forfeit  and  pay  the  sum  of  two  dollars 
for  each  and  e\ery  day  Sj  neglected  or  refused,  to  be  re- 
covered by  the  city  before  any  justice  of  the  peace  of  said 
city. 

§  o.  The  common  cotincil  shall  have  power  to  alter,  sircHd  »ixi  »i- 
vacate,  widen,  extei.d,  estahlish,  grade,  pave  or  otherwise  "■'^' 
improve  any  streets,  lanes,  alleys  and  public  grounds  )( 
said  city;  and  whenever,  in  the  nj)inion  of  the  comiroii 
council,  it  may  be  necessary  to  take  privrte  j)roperty  for 
openint;  or  altering  any  public  streets  in  s^iid  city,  the  said 
city  shall  make  to  the  owners  of  said  prnj)erty  j  ist  com- 
pens.'tluii,  ai.d  pay  or  tender  the  same  before  opening  or 
altering  sucli  street  or  alley  ;  and  in  case  the  amount  of 
such  compensation  cannot  be  agreed  upion  the  same  shall 
be  ascnrtained  by  six  disititerested  freeholders  of  said  cit)', 
who  shill  be  summoned  by  t.'ie  mayor  for  t!;at  purpose  and 
sworn  to  make  a  just  estimate  of  sucli  damages,  and  sl.al! 
return  to  him  tlieir  inquest,  in  wiiurig,  signed  by  each  of 
such  Jurors,  and  by  him  be  laid  before  tiie  common  coun- 
cil at  its  next  meeting. 

§  4.  In  the  asscssnient  of  such  damages  the  jury  shall  n.'.nug<>». 
take  into  consideration  the  benetits  as  well  as  the  injury 
resulting  to  the  owner  or  owners  of'  property  proposed  to 
be  taken  for  opening  or  altering  such  street  or  al.ey,  and 
shall  assess  upon  the  property  by  them  deemed  benefitted 
by  the  opening  or  altering  such  street  or  alley  the  dam- 
ages by  thera  assessed  tlier{  for,  in  ratable  proporti^Tis;  and 
the  comi.i'ju  •oiineil  shall  issue  their  warrant  for  the  col- 
lection of  the  amoiuit  against  the  owners  of  the  land  so 
benefitte*!,  to  any  consfable  of  the  city.  The  amount  so 
asse'sed  is  hereby  declared  a  special  tax  and  a  hen  uj>on 
th»  lands  so  reported  to  be  benefitted  thereby,  and  ma)  be 
c  dlected  in  the  same  manner  as  nther  corporation  taxes. 
And  should  the  owner  of  any  l.'.nd  upon  which  an)  special 
tax  is  assessed  i)e  unknown  he  mav  be  so  described  in  al! 
proceedings  to  assess  and  collect  the  sume. 

^  5.      And  ill  case  the  tax  upon  the  land  so  to  be  bene-  BtuffH'. 
fitted  by  tlie  opening  or  altering  of  such  street,  or  alley  be 
jio*   sutfieient   tu  co\«r  tlie   damagi's  occasioned    thereby 
then  the  city  shall  pay  the  residue. 


1?57.  890 

• 

.    ...     •<  ^  •'..      Tlie    mayor   sli^ll    have   power,   for  good    cause 

*•  "   '  >iii).vn.  withir,  ten  ilays   after  any  inquest  shall  have  been 

returned  to  him,  as    aforesaid,  to  set  thi.  sanie    aside,  and 
cause  a  new  incjuest  to  be  made  ;  or,  either  party  may  ap- 
peal to  the  couit  of  CDinnuiM  pleas  of  said  iit\  in  the  same 
manner  as  is  provided  in  tliis  act  in  other  cases. 
»y«r-.i  !ix.  ^  7.      The  common  council  shall   have  poMt  r,  by  ordi- 

nance, to  lew  and  collect  a  special  tax  on  the  lots  in  any 
street,  lane,  avenue  oi  alley,  accordinjr  to  their  lesprctixe 
fronts  for  the  purpose  of  p:»ving,  llagt;in«4,  gradin^  or  plank- 
ing any  sidewalk  or  street,  to  the  centre  ol  the  same  or 
lighting  such  sidewalk,  street,  avtnue  or  alley,  but  the 
lot  in  front  of  which  any  such  walk  is  riiade  shall  be  taxed 
to  pay  at  least  one-half  of  the  expenses  of  muking  such 
sidewalk  ;  and  alsi  may,  in  their  disiiction,  tax  the  lot  in 
front  of  whir'h  any  load  shall  be  oroertd  to  be  paved, 
graded  or  planked,  to  the  centre  of  the  Siiiue,  at  the  sole 
expense  of  such  l-t,  in  addition  to  the  regular  tax,  which 
shall  be  assessed  and  collectid  in  the  same  mannir  as 
other  taxes. 
p*  —  •  .=uf  ^  S.  in  all  cases,  under  the  ordinances  of  said  city, 
chang*  s  of  venue  and  ap[>eals  shall  be  all«>wed  as  in  other 
cases  befure  justices  of  tlie  peace;  and  the  said  city  shall 
be  allowed  to  appeal  in  any  case  in  whieh  they  are  a  party, 
by  causing  their  cleik  to  execute  a  bond,  in  the  name  of 
the  city  of  Aurora,  in  the  form  nov.  or  which  may  here- 
after be  furnished  b)  law  in  other  CHses,  willu.iit  other 
fccurity,  and  an  order  entered  nynu  the  rec(»rds  of  the 
eommon  cr)u?icil,  directing  such  appeal,  shall  be  suthcirnt 
authority  for  the  ^ame. 
»•  -•  »■*  ^  '.».  The  said  eity  sliall  not  be  rquir»  d  to  give  security 
for  costs  on  the  institution  of  any  suit  Huthoiiztd  b)  it  to 
be  Commenced  under  the  provisions  of  tliis  act. 
f*tu»s  tr  rrtf  {-in.  The  common  council  shall  have  powi  r,  by  T>r- 
hr  «« ..  ..u.-  din^nce,  and  may,  from  time  to  tin.e,  fn  upon  and  pre- 
acribe  the  manmr  of  selling  propeity,  when  the  tax  levied 
upon  it  is  not  paid  :  Providnl^  that  in  coi.dnctirg  said  sale 
the  provisions  of  the  laws  e.onc«-rniiig  public  levenue,  so 
far  a.s  the  5.<in<?  may  be  appliciil  le,sh-'ill  :je  corn|)li(  <)  with: 
Pn/viHi  tlyjiirlhrrj  ihal  the  r»al  property  sohl  lor  the  non- 
pa)nient  of  taxes  m«»y  be  redeem«d  by  any  per^^^on  inte- 
rested in  the  same  within  two  ^ears  alter  the.  Ranie  ahull 
have  been  sold,  on  pacing  to  the  city  clerk  double  the 
amourtl  fr)r  whieh  the  same  was  sold  and  all  taxes  a.sesscd 
for  eity  purposes  which  niiiy  liHve  been  I'aid  by  the  pur* 
chafer  at  ai  d  sinre  such  pule,  with  h  g;i|  intenst  tin  jeon 
to  the  time  of  Niieh  redemption  ;  and  there ujion  the  City 
clerk  fdiall  furni«li  the  p'-r^on  k)  rede«ming  u  certificate 
oftecii  redemption,  specify  ing  the   amount  j  aid  and  the 


wst 


391  1857. 

lands  redeemi'd  ;  which   rertificatc   shall   ho  prhna  facie 
evidence,  in  all  couit.?,  of  th^  tacts  therein  ooi  tain«-ci. 

§  11.     It  shall   he  the  duty  of  the  clerk  to  pay  over  all  K«^icn.i.iiMn  mo- 
such  redoinjition  mf)ney  to  th»'  troasurtr. 

§  VI  Th.^  connnon  council  may  provide,  by  ordinat)ce,  KU't'ikc 
that  the  fine-?,  pcn.ilties,  r(>rreilnrt .-'  or  punishment  hy  iin- 
prisonint  nt  for  the  \inldti<>n  of  any  <)r<iiiinn«e  made  under 
this  act  may  he  recovered  Hn<i  enforced  hy  indietment,  in 
the  court  of  common  pleas  of  said  city,  anything  in  this 
act  '0  the  cou'rary  notwiihstatnlicig. 

§  1-i.  Th»'  president  aud  tru-Jtees  of  the  town  of  AnrDra  i''"'  cierUoi. 
shall,  imintdiately  after  the  pas-^age  i^f  this  act,  take  niea"?- 
nres  to  promulgate  the  satne  wiUiin  the  limits  of  tlie  ijity 
of  Aurof . ,  and  issue  their  proclamation  for  the  election  of 
otficers,  and  cau«e  the  same  to  be  published  in  all  the 
new'j>apers  in  said  city,  at  least  one  v,'eek  prior  to  the 
day  of  election  for  said  officers.  The  firs!  elc-tion  under  • 
this  act  shall  h»-  held  on  the  first  Tuesday  of  March  next; 
and  it  shall  be  the  duty  of  the  president  and  trustees  of  the 
town  of  Aurora  to  fix  the  place  of  election  in  each  ward 
and  appoint  the  inspectors  thereof  and  receive  and  can- 
vass the  retnrns  and  declare  the  result  of  such  election. 

§  14.     The  president  of  the  present  corporation  of  Au-  Fn-«t meoiin*. 
rora  slull  notif>  t!ie    mayor  and   aldermen  first  elected  of 
the'r  election  and  hx  upon  the  time  and  place  of  thtir  first 
meeting. 

§  15.     Nothing  in  this  act  contained  shall  require  the  Bridzoovcr  rox 
inhabitants  of  sail   city,  in  their  corporate  capacity,  to 
build  any  hridg<;  across  Fox  river. 

§  IG.     The  several  schouls  within   tiie  city  of  Aurora  s.uoou. 
shall  continue  and  be  supported  under  the  school  laws  of 
this  state,  subject  to  sucli  alterations  and  modificatifun  as 
the   common   council   may  deem  proper  to   make   in   the 
premises. 

5  IT.  There  shall  be  elected  for  said  city  two  ijolice  P"!'*:*  ro..Bii. 
magistrates,  on«;  trom  the  east  side  ct  r  o\  river  and  one 
from  tlie  west  side  of  said  river,  at  the  annual  elections  to 
be  held  immediately  before  the  expiration  of  the  commis- 
sions of  William  il.  Parker  and  Lyman  Baldwin,  the 
present  incumbents,  respectively  ;  which  magistrates  jhull 
have  'he  same  power  and  jurisdiction  as  justices  of  the 
peace  and  police  mngistrates  now  have  hy  law  or  may  ho 
hereafter  conferred.  Said  police  magistrates  shall  I  old 
their  office^  until  their  successors  are  elected  and  qualified. 

§  18.  It  shall  be  the  duty  of  th«  lity  clerk  to  certify 
the  returns  (»f  the  election  of  such  police  magistrates  to 
the  clerk  of  the  county  court  of  Kane  roimty  in  the  man- 
ner now  required  by  law  by  town  clerks  on  the  tluclion 
of  justices  of  the  peace. 


IS -.7.  S02 

.  •  ^  §  li'.     Tttv  shU\  jiolice  magistrates  shall  take   llu;  oath 

and  i.Mve  liki-  stM'unt)  as  now  lor  niml  l>y  Ihw  hj  justices 
of  llu-  pt-ai'f.  Slid)  police  inanistiutcs  s1.m1I  ht-  ct  ininis- 
sioneil  by  tlif  c;o\  trnor  ot"  this  ^ttttf  u>'  jnsticts  of  llic  peace 
art*  now  commissionetl. 

C'haptkr  VIII. —  Courts — T/uir  Powers  and  JJu/t'es. 

•■»«^'»  v^  1.  There  shall  he  established  in  said  city  of  Aurora 
an  ii.tVrior  cotirt  of  civil  and  ?rimin.jl  jurisdiction;  which 
court  shall  be  a  court  of  record,  by  tiie  n»n»e  of  **Tho 
Court  of  Common  Pleas  of  the  City  of  Aurora,"  and  shall 
liave  concurrent  jiiris<lictio)i  within  the  cit)  of  Aurora  with 
the  circuit  court  in  all  ci\il  and  criniinsil  c<ist  s,  except  in 
cases  of  trca'-'on  andniurder.  And  the  rules  of  practice  of 
•a.d  court  shall  conform,  as  near  iis  may  be,  to  the  rules 
of  piactice  in  the  circuit  cotjrt  of  Kane  county,  except  as 
•  !jer»iiiaftfr  prt)vided.  Said  court  and  the  judge  and 
clerk  thereof  shall  respcctiveh  have  the  like  powtr,  au- 
thority and  jurisdiction  and  j)e!form  the  like  duties  as  the 
circ.iit  C'Mirl  and  the  JihIlj*^  Pud  clc  rk  thereof,  in  relation 
to  all  uMttt-rs,  suiis  prosecution.'?  and  proceedings  within 
the  city  of  Aurora,  so  (av  iK  the  s-imc  are  not  otherwise 
limittd  by  this  act.  Said  judge  and  clerk  shall  be  elected 
b}  the  qualified  voter"  of  said  city,  und  shall,  respectively, 
Iiold  their  offices  for  four  years,  and  until  their  .successors 
sIihII  hi-  ehcfcd  and  qualifi'-d.  The  first  election  thereof 
shnU  bf»  h»-ld  at  tlie  time  of  election  <»f  ma^or  ofsaiti  ^ity, 
in  A.  I)  lSr»7,  or  as  soon  theieafter  as  the  common  coun- 
ril  of  said  tily  miy  p'ovide;  and  like  elections  slir.ll  be 
held  ev»-ry  fo'ir  y»  ar^  thfreafttr.  Th^  pti5on  having  the 
liigh»«t  number  of  vot»-s  f«<r  s.iid  ofllees,  n  sjjeclively,  shall 
be  di'«-!.iri  »1  elected  then-to,  andfhall  be  commissioned  by 
the  governor. 

§  ll.  The  said  j'xlgf;  shall  be  called  th"  "Judg(!  of  the 
Court  of  Common  Pleas  of  tlie  City  of  Aurora,"  an  I  shall 
receive  3urli  annu 'I  salary,  not  exceeding  five  liundred 
dollar*,  H9  the  roinmon  council,  jy  ordinance,  mn^  deter- 
miii",  to  be  paid  quarferlv  by  the  said  r'lt) ,  and  sha'l  receive 
the  lik»-  f«  es  in  addition  thereto  as  is  •ecei\i'd  b)  the  judge 
of  the  Cook  county  court  of  common  pleas;  to  oc  paid  and 
collected  in  the  jiume  manner  as  the  fe«s  of  the  last  men- 
tioi.eil  JM-'ge  are  paid  .Tud  collect'  d. 

5  '■'>.  Siiid  court  shall  have  a  seal,  to  he  provided  by  the 
city  of  Aurora;  and  ^nid  court  shall  be  held  at  sueh  phce 
a<  sihall  be  proviiled  by  said  ci'y;  and  the  expenNt."?  there- 
of, rxe#»pt  8»  Im  rein  otherwise  providjd,  shall  be  paid  by 
tatd  rity. 

§  t  The  propria  r  f  «.aid  '  otirt  n!nll  he  tested  IP  the 
name  cf  the  clerk  thereof,  and  he  issued  and   executed  in 


393  1857. 

the  sat'ir  manner  as  process  from  tlie  circuit  court  of  said 
count",  of  Kane;  and  all  orders,  judgments  and  flecrees  of 
said  court,  shall  he  a  liirt  upon  real  and  persor'tl  estate, 
and  si  u'll  he  entorci-u!  und  collt'ctid  irt  the  ^ame  irumiit  r  as 
order.s,  judgments  and  decrees  rendered  in  the  circuit 
court.  And  appeals  from  the  orders,  judgments  and  de- 
crees of  sai<l  court,  directly  to  the  supreme  court,  ."htill 
be  had  in  the  same  ca^ci)  and  tuken  and  eondndcd  in  the 
samv*  hiimner  as  is  provi»(ed  h)  t!ie  laws  of  this  state  for  tic 
takiiiv; '  i  aj  j)eals  and  Wfits  of  error  friun  the  circi.it  conri: 
Proiii/xl^  that  the  jucJgeof  said  cnuit  shall  lia\  e  lull  power  Proviw. 
to  estiJ)lish  all  such  rules  of  practice,  at  law  or  in  equity, 
as  he  in  »y  think  necessary  to  expedite  ilie  business  ol  said 
couit;  wl'.ich  rules  dI  practice  shall  be  binding  and  <  bliga- 
tory  npuTi  the  jiarties  to  suits  in  said  court,  from  the  timo 
they  sliall  t-e  entered  of  record. 

§  r>.  The  judge  of  said  court  shall  hold  four  terms  of 'fcrmBofeonrt. 
said  const  in  each  year,  couimenciig  on  the  second  Mon- 
day of  IMarch,  Juiie,  October  and  December,  and  shall 
contii.ue  each  term  until  all  the  business  helore  the,  same 
is  disj)osed  gf.  The  said  judge  shall  ha\e  powi  r  to  ap- 
l>oint  special  terms  of  said  <"ourt,  at  sucli  times  as  he  may 
>  thinlc  proper,  upon  giving  twenty  days'  notice  thereof  in 
some  newspaper  published  in  said  tiiy;\vliich  notice  shall 
be  given  by  tiie  clerk  o»  said  court  under  the  order  of  the 
judgf  of  said  court;  and  tlie  said  couj  t  siiall  always  be  con- 
sidere'l  open  for  the  takin-^  of  judgments  by  confession, 
which  uiay  be  entered  at  any  tinu,',  upon  riling  the  proper 
papers  with  the  ch  rk  of  said  court,  and  ha\  e  the  same  force 
and  et!'i-ct  as  if  entered  in  tt  rm  time. 

§  (5.  All  recognizances,  except  in  cases  of  treason  and  ucco6ni«an««»' 
murder,  taken  before  an)  judge,  justice  or  magistr^ite,  re- 
siding in  said  city,  in  criminal  cases,  fcha!l  be  made  reluii.- 
able  U)  said  court.  Aiid  it  shall  be  the  duty  ol  the  officer 
taking  the  same  to  return  all  the  papers  in  such  criminal 
cases  to  the  said  court j  and  all  fines,  jjenaities  and  iojfeitures 
had  or  taken  in  any  such  ciiminal  pioceeding  shall  inure 
to  the  Oenefit  of  said  city,  and  shall,  when  collected,  bo 
j)aid  iiito  said  city   treasury. 

§    1.     Ail  appeals  nnd  writ?  of cf/7^''rL/?•^  from  decisions  Arppa'tand^tr- 
ofju:  tildes  of  tlie  peace  or  other  magistrates,  witl.in  said     """""• 
city,  shrtll  be  taken   to  said  court  of  cmnmou   pleas,  and 
shall  I)e  there  heard  and  determined  as  in  like  eases  in  the 
circuit  conit. 

§  S.  Changes  of  venue  in  all  cases,  civil  or  ciiminal,  ch»ngf»ofTenM 
may  be  taken  from  said  court  to  the  circuit  court  of  Kane 
couniy.  when  the  parly  praying  for  such  change  of  venue, 
or  )ii^  attorney,  shall  make  aifidavit  that  in  his  or  ht  r  be- 
lief ju^ti^e  and  a  fair  and  i-njiariial  tiial  requir«s  such 
change  of  venue,    slating  in  !>uch   aiRoavil  ihc   parlicu- 


1857.  3iH 

lar  fnots  and  circumstances  upon  wliioli  siuli  belief  is 
found  ed. 

Skarur.  ^  9.     The  sheriff  of  the  county  of  Kune  shall  perfoiin 

the  isame  duties  and  have  the  same  powers  and  he  liable 
to  the  sdiH'^  penalties  in  the  said  c<Miit  b<?  in  the  circuit 
Ci>ur(;  nnd  the  snid  sheriff  and  elerk  of  said  court  o(  com- 
Tvou  plea«  shall,  respecti'ely,  be  eniilled  to  the  like  f,  os 
and  ct»mpf nsation  that  now  are  or  herealter  may  he  al- 
lowed for  similar  services  in  the  circuit  eorirts  of  this  state; 
to  he  received,  Cidlected  and  |  aid  in  like  manner  as  s\4cli 
fees  now  are  or  hereafter  may  be.  And  in  criminal  rases, 
when  tUe  d^^fendint  shill  be  acquitted  or  othi^rwise  <lis- 
ch;»rcjed,  without  payment  of  costs,  t*lie  said  sleriffaud 
clerk,  in  addition  to  what  they  are  now  alloweii  by  law, 
shall  be  paid  the  sum  of  thirty  dollars,  each,  per  annum, 
j^ayable  tjiiarterly,  out  of  the  county  trf»a;^uiy. 

Ottr  »iixi>«T.  §   !•).     The  city   ( ttorney   shall    be  stale's  attornej'  and 

the  prosecutii><;  attorney  for  said  court,  and  for  his  ser'i- 
ces  tlierein  shall  receive  such  salar)  as  the  comtnon  eounci!, 
may,  by  ordii.ance,  determine,  to  be  j)aid  by  the  said  city: 
Prjiu'Jirf,  stich  salary  shall  not  excee.J  two  hundred  dol- 
lars; and  the  board  of  supervisors  of  Kane  county  shall  al- 
low and  p^y  such  attorney,  in  addition  to  such  s  il.iry,  the 
lik«  fees  in  all  cases  of  conviction  in  said  court  arisin^r  un- 
der the  laws  of  this  slate  as  arc  paid  to  the  state's  attorney 
of  the  circuit. 

imim  ^   11,      Tne  grand  and  petit  jiinir"  of  said  court  shall  bo 

8elec»ed  from  Hje  voter's  of  said  city,  in  tlie  f  )llowing  man- 
ner: The  citv  cou'icil  shall  anniially  select  two  iiindied 
n.ime^,  w.ho  are  tjtnlifi.'d  to  aet  as  jurors  atid  who  are  not 
ex«'ir.pt  fnun  ^Uf^h  service,  from  the  list  of  sueli  voters  and 
transmit  the  i»ame  to  the  cli  rk  nf  said  court,  who  shall 
k'ep  a  record  thereof,  in  a  book  to  be  provided  for  that 
p'irjiose,  and  dep  >sit  such  names  upon  separate  pieces  of 
j'aper,  in  a  j'lry  box,  from  which  he  shall  draw  the  names 
of  Che  f^rand  and  p  ti*.  juror'',  at  least  ten  days  b<:f«)rc  the 
fir-«t  d^y  ot  each  t«Tm  of  said  court,  in  the  presence  of  the 

rrrr.M.  mayor  or  ♦wo  ahh-rmen  of  said   city  :   Provulid^  that  the 

jolge  of  said  court  m  ly,  in  his  discretion,  direct  tl»at  tlie 
grand  and  ]»•  tit  juror*,  or  either  of  them,  to  be  stiinmoned 
to  attend  i.ny  t-rm  of  sai'l  court,  be  seleet'd  from  I  he  city 

ffr»iM.  an'l  t'lWU'lilpof  Atirort :   Jlnd  prtivUli  tl,  furtli-  r,  that  it  for 

any  cause  laid  grand  and  ]>iti(  jurors  shall  not  he  drawn 
and  uplected  in  the  manner  af(>r»9aid,or  in  case  of  vaean- 
cievin  the  ji'in*;!  thereof  or  of  the  exhutistion  of  the  same, 
«<  id  rourt  niaj  direet  the  s>ime  to  be  snrnmfihed  by  the 
ffierilF,  a««  now  provided  hy  law  in  tin?  circuit  court.  All 
ver»ir»"«  for  joror-*  in  s;i' I  eunrt  sliall  he  issne'i  by  the  cbik 
of  nai'l  court  and  cK.-ct*'  <1  hy  the  sh'-riff,  as  in  other  eases; 
and  all  laws  in  relation  to  jur(»rj»,  their  comj'cnsation,  du- 


395  1857. 

lies,  powers,  authorities  ami  proceedings,  as  fnr  as  not  in- 
consistent witli  the  provision^!  ot  this  act,  sh.ill  be  applioa-  ei^titc. 
b!e  to  said   court  :   PrDvidti/^  that  the  fees  of  jurors  shall 
be  one  dollar  per  day,  to  ht?  j»aid  out  of  the  county   treas- 
ury, on  the  cei  tifi(  ale  of  the  cl»-rk  of  said    court. 

§  12.      The  ju(ie;e  of  said    court   may  interchangt^  with  judg*. 
the  jodf^e  of  any  circuit  or  otfier  court  lu  this  -ta'i',  with 
the  same  riglils,  duties  and  powers  as  are  or  may  be  con- 
ferred Upon  judj^es  of  the  circuit  court  of  this  svate  in  like 
ca?es. 

§  lo.  Any  vacancy  in  the  olfice  of  judge  or  clerk  of  vacon'r. 
said  court  of  cointiyin  pleas  may  he  filled  by  election,  at 
such  time  as  may  be  appointed  by  tlu;  com>non  council  of 
said  city;  and  the  person  elected  to  fill  such  vacancj'^shal' 
liold  hiflhtfiee  until  the  next  nj^ular  eK-ction  for  such  otfico 
as  provided  in  this  act:  Pruvuled^  that  a  cleik,  y>/"o  Inn., 
may  he  ajipoinfed  by  thu  judge  thereof  when  necessary. 

^  14.     In  all  cares  in  said    court,  when  by    the   laws  of  co-n!.- jaii. 
this  state  the  offender  m-iy  be  sentenced  to  the  count)  jail, 
the  said  judge  or  court  may  sentence  such  offenders  to  the 
county  j^il  of  said   county  of   Ksne  or   the   bridtwcll  or 
house  of  correction  of  said  city,  in  Ids  discretion. 

§  1">.      This  act  is  declared  to  he  a  public  ai't,  and  shah 
take  rffr'ct  and  be  in  force  t'roni  and  after  its  passage. 

Approved  Feb.  11,  1857. 


AN  ACT  to  incorporate  the  Mobile  ai.-l  Chicago  Riiilroad  Comiiaiij'.       F  l    ,.,  l£a7. 

Section  1.  Be  it  enacted  hij  the  people  of  tlic  state  if 
Illiiwis^  represented  in  tlie  deneral  Jissevihly.,  That  S.  S. 
Marshal!,  Chester  ('arpcnter,  Wilson  Lewi*,  John  A. 
Wdson,  William  Brown,  Elijah  Smith,  Newton  li  Park, 
Wesley  Sloan,  R.  B.  Slocum,  J.  J  R.  Turney,  John  W. 
Mitchell,  Wm.  Eld  r,  Henry  R.  Netf,  J.  W.  P.  Davis, 
Stephen  Hardin  and  Eben  C.  I:igersoll,  with  such  others' 
as  may  a.^sociate  with  them  for  that  piirjiose,  are  hereby 
ertafed  and  con«t.ituted  a  t  oHy  politic  and  corporate,  by  rou  ..>iui«  »»* 
the  name  and  style  of  *'  Tlie  Mobile  and  Chicago  Railroad  "n^^'"- 
C«)mpany;"  and  by  that  name  to  sue  and  be  sued,  plead 
and  be  implPHded  in  any  court  of  tlii.'i  state  ;  to  mcke  and 
have  a  common  seal,  and  the  sam«-  to  break,  aitt  r  and 
reucW  at  pleasure;  and  this  company  i>i  l.eieb)  xested 
with  all  power..',  privileges  an<l  iiinnunities  which  are  or 
md\  he  necessary  to  carry  into  etFect  the  purposes  and 
objects  of  this  act,  hereinafter  set  tbrth  ;  and  said  compa- 
ny is  hereby    authorized  and  empowered  to  locate,  con- 


1?57.  S06 


rMtriMJ 


*  jilruot  am^  finally  coin|)let»»  a  single  or  double  trmlc  rail- 
r  »ail  «»r  roail,  from  a  jioint  on  tlif  Illiii  )is  sliore  ot  tlit  Ohio 
river,  at  or  near  tlie  lown  ofHrookl\n,  in  Massac  comity, 
ttiion^titlie  state  of  Illiuoi'?,  to  ;i  junction  witli  the  Cliicairo 
hriiu'h  i»f  the  Illinois  Cfntial  laiiroad,  at  or  near  the 
town  of  E<lgewoo(l,  in  Effiiif>lirtm  county,  on  such  ri»ufo  as 
stiHll  oe  ilof  nud  to  be  hest  and  ni  >st  t-xjiedient  ;  and 
direet  and  transport  anil  take  and  carry  property  ard  \nr- 
soKS  upon  said  railroad  or  way,  by  the  power  of  H(|eam,  of 
aui'uah,  or  of  any  other  ineehanical  power  or  contr  ivance 
or   «.'  )mi>ination  tht»rvof,  whicii  said  eoinjKiny  may    choose 

•»iM»/w»r  ti>  "MM'')'"  And  fur  tlie  purpose  of  constiucdng  saiil  .'ail- 
r  >ad  or  way,  the  Si»id  coin|)!iny  is  hert-oy  authorized  to  lay 
out  the  road,  not  exceeding;  one  hundred  feet  wide, 
'.hrout^h  the  whoK  length,  and  for  the  purpose  6#depots, 
cui tings  and  cm'janlcmt*nts,  and  for  the  purpose  of  neces- 
sary turn-outs,  and  for  obtaining  stone,  gn!\fl  and  dirt, 
liny  take  as  much  more  land  as  uiay  he  necessary  for  the 
construction  and  s»'curity  of  said  road,  with  permission  to 
riake  any  lawt'ul  contract  witli  any  other  railroad  corpo- 
ration, in  reUliou  to  the  business  of  said  company  ;  and 
also  to  make  joint  stock  w'th  any  other  railroad    ccrpora- 

'■•*"*••  tion  :   Pi'ovidfd,  that  ail  damages    that  may  hj  occasioned 

by  any  person  or  corji oration,  by  taking  any  sueh  land  or 
materials  as  aforesaid,  for  the  pur()o.se  aforesaid,  shall  be 
paid  for  by  said  company  in  manner  herein.it"^er  provided. 

fl»»tu:  ttock  ^   2.      Tiiat  the  capital  s'.oek  of  said  company  shall  not 

exceed  five  miljijin  ()f  dollars,  and  hi*  divided  into  shares 
oi  one  hundred  dollars  eacli  ;  which  shares  shall  bo 
de^-med  per.-onHl  propcri},  and  may  be  transft  rred,  in 
such  manner  and  at  sueh  p'aces  as  by   the  b}-laws  of  said 

r -»••».  company  shall   direct :    /■'ror/zAv/,  tiiat  said    compwiy  may 

cuminftice  the  construction  of  said  road,  v/itu  all  the  paw- 
er :  and  privilcgf-s  containt-d  in  this  act,  whenever  the  sum 
subseribf-d  to  the  Copital  stock  shall  exceed  fne  hundred 
tiiou^and   dollars. 

$  'A.  That  the  persons  namrd  in  the  firsL  section  of 
this  act,  or  a  majority  of  them,  shall  open  books  to  riceivc 
flub«cri|>tion4  to  the  ca|  ital  stock  of  said  company,  at 
•  tivi'i  tiuH!!  aiif{  places  as  they  oi  a  majority  oi  th«-m  may 
op|.>>ii.t;  and  shall  giv<*  such  nolice  of  time  and  place  of 
t'li*  opining  «?aid  books  as  thi-y  may  fleein  reasonable, 
and  kI.  li  rt-ceiv»f  naid  ftubseripHon  undtr  sueh  r)-gul<tlions 
a*  thf^y  may  adopt  for  thn  ptirpose  ;  and  if  more  than  five 
mil'ioiii  of  dollars  shall  be  subscribed,  (hey  shall  have 
powt'er    to  niak*'    other   nharcs,  as  subscribed,  I  he    capital 

ftrtum  Klock  :    I'ruvi  Irdf    they    shiill    not    exe*  ed    fifty    thousand 

fttiarfu ;  and  in  cave  the  nubscription  shall  excto-d  'aid 
liiiiiibtr,  »Im'  jiauie  may  b»^  reduced  and  npi)orfioiM'd  in 
«ULJ    manner  si   mxy  be  deemed  inujit  bci;eficial    lu    the 


t-^t      ttt      fV'j 


397  1857. 

corporation:   Prouu/cdy  when  tho  books  shall  be   opened  rr..vi»o. 
for  stir):.cn|jtioii   of  stock  iliu  said  C(jiniiiissiuijt'rs  slial!  re- 
quire not  less  lb -in  five  dt)l!ars  to  be  j>uid  on  ehcb  sliare,  at 
tlie  time  nt"  siibsrribini^  tbe  same. 

§  4.  Tbat  tlie  luiuieiiiate  ^overnTnent  anfl  direction  ot' »  «">  of  dipe^i- 
tiie  atfjif:}  of  tbe  company  shall  be  ve.sted  in  a  board  of 
directors,  to  coiisi^l  of  thirteen  persoiij,  who  shall  b(i 
sbarebolders,  wbo  s.iall  be  cbfsen  by  the  stockholders  of 
said  company,  in  tbe  manner  bereinal'ter  provided,  hioI 
shall  liold  tli(  ir  otHces  un'il  others  ,ire  duly  electi-d  and 
qoiililied  to  t<ike  their  places  as  directors;  and  seven  of 
said  directors  and  the  president  shall  be  a  qnornm  for  tbe  Q'-^nm. 
transaction  of  business;  shall  elect  one  oi  their  niMnh»-r 
to  be  president  oJ  the  company  ;  they  shall  al-5o  choose  a 
secretar),  and  such  other  (»rticers  as  they  may  d'.em  ne- <^|^'^«»*- 
Cessaiy  ;  and  a  treasurer,  who  shall  >;ive  bond  with  se- 
curity tu  said  com|)any,  in  such  sum  as  the  presidfMit  and 
directois  may  recjuire  for  the  faithful  jx-iformance  of  tbe 
trust  and  duties,  as  may  be  prescribed  by  this  act  and  tbe 
by-laws  of  s^id  ctirporation.  In  tbe  abstr.rc  of  the  pn-si- 
dent,  ei^lit  of  the  directors,  one  of  whom  .Jiall  be  appoint*-  d 
vice  pre.-ident,  shall  be  a  quorum  to  traMsacl  business. 

§  -).  Tbat  tbe  persons  authorized  by  this  act  to  open  ri->tme«tiDf  of 
book-J  for  subscription  to  tbe  capital  stock  are  lieieby  an-  ►i «>"»«'"•»•• 
tboiizvd,  alter  the  books  for  subscri|>tion  to  the  cajiilal 
Stock  of  said  company  are  closed,  or  wlun  the  sum  s  >b- 
sciihed  shall  exceed  five  thousand  share?,  t«>  call  the  first 
meeting;  of  the  istockliolders,  in  such  way,  time,  atid  at 
such  place  as  they  may  appoint,  for  tbe  choice  of  directors 
ot  Siid  com|)any  ;  and  in  all  meetings  of  tbe  stockholders 
of  said  company,  each  share  shall  entitle  the  bolder  then  <  f 
to  one  vote  ;  which  vote  may  be  given  in  person  or  by 
prox)  ;  and  the  ann  lal  meeting  of  the  stockholders  of  said 
company  shall  be  on  tbe  first  Monday  in  May  in  ea«  b 
yeai  ;  and  each  subsequent  place  of  meeting  shall  be 
Outpointed  by  the  annual  meetii  g  next  preceding. 

§   6.     That   in  the    event   an   election  (»f  directors  sli:ill  F'Mare  to  •'•^ 
not  be  made  on  the  day   appointed,  said  company,  for  that    '"**"^'^ 
came,  shall   not   be  deemed   to  be   dissolved  ;   and  the    di- 
rectors   shall  have  power   to  fill  any  vacancy  whicli  ni.iv 
occur,  by  deali,  resignation  or  otherwise. 

§  7.  That  the  president  and  directors  may  have  full  ">  '«"•>  '»»♦ 
power  to  make  and  prescribe  such  by-laws,  rules  and  reg-  "^'* '**■*' 
ulations  as  they  shall  deem  needful  and  proper,  touching 
tbe  di"<position  and  maiagement  o|  the  stock,  proper'v, 
estate  and  elfects  of  said  company,  not  cnt.frary  to  \\:-^ 
cbarter  or  the  lawii  of  this  state  or  of  the  United  Sta'»><, 
the  transfer  of  shares,  the  duties  and  conduct  of  their 
officers  and  servants,  touching  the  election  of  and  meet- 
ing of  directors,  and   all  matters  which  may  appertain  to 


1857.  S98 

the    ooiiOfrii<s    of  said    company.     Saiil    com]^any   is   also 
liert'by    aiitlu'rizod   to    jxircli  v«5t',    secure    an«l    hold    siich 
■•ui«.  pstate  as  may  be  neeess»ry  atul  convfiuent  in  aecoinplish- 

ius;  the  ohjtH't  tor  whicli  this  jnoorporation  is  granted  ;  and 
may,  by  Iheir  agents,  surveyor.^,  entjineers  and  servants, 
bm^i  <t  •^••rr     enter   upon  all   lands  and    tenements   through   which  they 
may  deem  it  ueeessary  to  make  said  road;  and  to  survey, 
jay  out,  and  construct  tho  sani(.> ;  atid  to    agree    and  con- 
tract r«tr  tin'  land  or  right  ot"  way,  with  the  owners,  through 
whicli    ttipy  ni  iy  inland   to    make    said   road — in  case   the 
said   lands    belung  to  the  estate  of  any  dociased   pirson, 
then    with  the   executor  or   administrator  of  such  ;  or  in 
**>•*>"•  ''  ^'^-  ca^'e   of  tiie  same    belonijing  to   a  minor,   or  i)erson   tion 
pM  wxtu,       compos  tni  lifts,  then  with  his  or  ner  guardian  or  guardians; 
or  in  c.i«;e  such  lain!-?  >e  h»*ld  by  tru-tres  of  school  sectii>ns, 
or  olh"r  trustees  of  estates,  th<'n  with  such  trustees;  and 
nttfa'..--*,    ad    the  said  executors,  administrators,  guardians  and  trustees, 
riTr-'i'lti'^ »i.d  f're  hereby  declared   competent,  for  such  estate  or  minor, 
"*•**•*  to  contract  witli  saitl  company  for  the  right  to  use,oci  upy 

and  p'»«;sess  t!ie  laruis  of  such  estates,  nunors  or  trustees, 
.^o  fdi  as  may  be  usetui  or  necessary  to  the  pur|)()se  of  said 
railroad;  and  the  act  and  deed  of  such  executors,  adniin- 
istrttturs,  guardians  and  trustees,  in  relation  ther«'to,  "hall 
y.xss  the  title  in  said  land  in  the  same  manner  as  if  said 
deed  or  act  wa<  matieordone  by  a  leg. il  owner  of  full  Hge; 
and  such  executor,  adniinistra'or,  guardian  or  trustee 
rhall  bccount  to  tho«e  interested,  upon  their  .respective 
bonds,  for  th^  amount  paid  him  in  pursuanee  of  such 
agreement  and  compe.isation  ;  and  if  the  said  company 
and  parties  representing  lands  prefer,  they  may  refer  the 
i-%(ir»..-)«  ijufSiion  of  compiMisation  to  arliitrators,  mutually  chosen, 
wlio.ie  award,  or  that  of  their  umpire,  in  case  of  disagree- 
ment, «liall  vest  title  according  to  its  terms. 
•<«4*«r>.rc  §   8.     That  il   the  said   company  cannot  agree  with  the 

"****  ow  nen   of  the   land    tlirough  wiiich  they   may   desire  the 

road  to  pins,  or  wiili  the  executor,  administrator,  guardian 
or  trustee,  it  pliall  and  may  he  lawful  for  tlnrii  to  proceed 
in  the  manner  now  pro\  ided  by  tlie  laws  of  this  state  for 
the  condemnation  ot  lands  by  incorporated  compaiiies,  ap- 
proved June  22d,  1M.»J, 
uh«vi  •  »i»»T-  §  !♦.  That  it  Hhall  be  the  duty  of  the  sIieriflT  ♦o  appoint 
**  and  h'dd  ."aid   inqiiOht  v  ithin  ten  day   afti-r  the  receipt  of 

(laid  writ  tt//  /jiturl  t/tn/inuniy  OKd  \>i  in  cases  of  abs«'tice, 
afore-laid,  in  vshich  case  thirty  days  shall  he  allowed  him, 
and  five  flays,  in  addition,  are  allowed  lint  lor  every  ad- 
ditior.al  jury  which  he.  may  hav»*  umler  said  writ;  and  lor 
ev.-ry  default  therein  the  said  RherifT  Jihull  be  fined  by  the 
circuit  court,  at  the  in.stance  of  eitlu  r  party,  not  less  than 
twenty  nor  more  than  one,  hcndred  dollars,  and  every  juror 
atid  witne-if  futnuiuned  fdiall  be  fined  not  less  than  ten  doi- 


399  1857. 

lars  for  nonattendance;  of  all  such  fines  as   well  as  costs  Pincfuru.u  ^t- 
tlte  ci.cuit    court  of    the  county   shall   have    jurisdiction. 
There  shill  he  allowed    the  followir^   fees  to  the  ilejk   of  Feo». 
the  circuit  court:     Vnr    every  writ  of  a(/  titind  daynnvin, 
seventy  five  cents;  for  seeuriufj;  and  filii.g  iiM^Jiest,  •'eventy- 
five    cents;  to  the   sin  rilF,  lor  gi\  ing   notice,   seventy  five       / 
cent?!,  besides  pnntei's  WbSy  not  exceeding  two  dollars  in 
each  case;  for  holding  inquest,  five  dollars;  aiid   for  sum- 
moning wit'iesses  twenty-five  cents  each;  to  jnr"rs,  seven- 
ty-five cent^  jjir  diem,  each;  whiih  fees  are  not    allowed 
until  a  verdict  be  returned  and  filed;  and  shall  be  taxed  in 
the  bill  of   costs,  and  paid    by    the    company:   Provided,  pfotIm. 
hoicei'tr,  before  the  application  for  such  writ  the  said  com- 
pany UKiy  make  a  tender  to  the   owner   or  owners  ol    any 
such  hind  :i  siun  of  money  by  them  deemed  equivalent  to 
the  dani.ige  to  be  sustained;  and  upon  refusal  to  accept  the 
SUiM  tendered  and  a  verdict  for  the  same  amount,  or  a  less 
sum,  the  costs  shall  be  taxed  to  and  paid  by  the  owners  of 
the  land  upon  which  inquest  is  h'^ld. 

§  li>.  That  the  SHi<l  ci)tupany  is  hereby  authorized  to  con-  r.'rcr  to  era- 
struct  and  build  and  use  a  single,  double:  or  treble  railjoad  ri...i. 
or  way,  of  suitable  width  and  (iimensi)ns,  to  be  determin- 
ed by  the  directors  of  said  conjpan),on  the  line  or  course 
by  them  designated;  and  shall  have  power  to  regulate  the 
time  and  mannt-r  in  which  goods  ami  passengers  shall  be 
transported,  taken  and  cariied  on  the  ^^.mc;  and  shall 
have  |)jwer  to  erect  and  maintt^in  toll  houses  and  other 
buil'Iings,  for  the  accomuiodation  of  their  concerns,  as 
tliey  may  deem  suitable  for  their  interests. 

§  11.  That  it  shall  be  lawful  for  the  company  hereby  Toils sr<i ci»»rg»» 
incorporated,  from  time  to  time,  to  fix,  regulate  and  re- 
ceive the  toll  and  charges  by  them  to  he  received  for 
transportation  of  persons  and  property  on  their  railroad  or 
way  aforesaid  hejeby  authoiized  to  be  construjted,  erect- 
ed, built  or  used,  or  upon  any  part  thcreoi^ 

§  1-.:.  That  if  any  person  or  persons  will  or  shall  will-  ob«tn.cUoiii.  • 
fully  do  or  cause  to  be  done  any  act  or  a^ts  whatsoe\er, 
whereby  any  building,  construction  or  works  of  said  com- 
pany, or  any  engine,  machine  or  structure,  or  any  matter 
or  thing  appertaining  to  the  sarre  shall  be  stopped,  ob- 
structed, impaired,  wrakent  d,  iiijured  or  d'stroyed,  the 
person  or  peisons  so  offending  shall  be  deemed  guilty  of  a 
misderaeaju)r,  and  shall  forfeit  and  pay  to  ;,iiid  comjiany 
double  the«moi!nt  of  damages  sustained  by  reason  of  such 
offence  or  injury,  to  be  recovered  in  the  name  cf  said  cor- 
poration, with  costs  of  suit,  by  action  of  d»'bt. 

&  13.     The   said   company,  and,  under   their  direction,  ^'''""   •"«'  ••* 
their  igents,  servants   and   workmen,  arc  hereby  vested 
with  the  same  power  and   authority  as  are  granted   to  the 
Wabash  Valley  Railroad   Company,  by  an  act  entitled  an 


\$51.  40O 

«*\otto  Incorporate  the  WtS.\s!i  Valley  RailroR.l  Com- 
pAny  "i''^  f^  rtgu'ate  tlin  c.ijiital  stock  ot  citlur  r-uir>iuls," 
R|i|irove>l  Jm.e  Jiil,  IS  ")2,  to  filler  uilo  nxn\  upon  tlu  lands 
or  ijriMiiicls  of  or  beloiigjiii»  to  the  state  or  co.inUf---",  and  to 
survey  or  like  Icveh  ol  the  same,  or  any  part  iht  i'  »f",  and 
to  set  out  and  asoertrtin  su.-h  p;\ris  as  they  shi'!  iliink 
lieeessary  and  proper  for  making  lliesaid  railroail.  n  d  for 
all  purposes  oonneoteci  witli  tiie  eonsfruetion  thei.  f;  and 
the   raid    company  is   herehy  uuth  )rized    aiid    enii"    vered, 

tttr^m  moatr.  from  time  to  li;iie,  ti)  borrow  such  .sum  or  sums  ol  i  loney 
a*  may  be  neees-'ary  for  eom,)Ie*ing,  lurnishing  ami  opera- 
tin«^  Sdid  railroail;  and  for  tliis  purpose  they  arc  uniliorized 

i«»*»'ctj  to  i»su»«  and  di-p  t>e  ot  th-'ir  bonds,  in  deiiotninatio'is  of  not 
le?»<«  than  five  hundred  dollars,  at  sntdi  rate  of  intrr<  st,  not 
exctedint^  tt-n  per  cent,  per  aiinntn,  and  at  sucli  rate  of 
(lis>*ount  as  may  be  deemed  necessar}  for  tlie  b.  itfit  of 
said  Company. 

r»»-  ^  1 1.       riial  the  directors  of  said  company  ma)  require 

^..  the  payment  of  the  sinn  or  sums  suDseribed  to   thr  capital 

stock  of  said  compati),  at  such  times  and  in  such  piopor- 
tioiis,  and  up.)n  sucli  condilions  as  they  may  deem  'it;  and 
in  Case  any  stockliohler  shall  refuse  or  neglect  to  make 
payment  pursuant  U)  the  requisition  of  the  board  <'i  direc- 
tors, the  st  )ek  of  suitfi  sto.  kholdt'r  may  be  sold  h\  the  di- 
rector-?  of  said  corporation,  at  public  auction,  aMt-r  the 
|aps««  of  ninety  da^s  from  the  tiini»  when  the  pa^ni'  iit  be- 
catnediiH;  and  the  sur|dus  money,  the  avails  of  siii-li  sale, 
aft»*r  d»:ducling  the  p.i)mi-nts  due  and  interest  th»  reupon 
and  the  neee;«s<ry  eX(»ensi'S  nf  sale,  shall  be  jiaid  over  to 
such  <l«'linfj'i»-nt  stoeklicddi-rs, 

ri»«  f  h*t,u'       c    J -,        I'dat  il  ihe  saiii  railroad  shall  not  he  connuenced 

•  HIS    ••  1    •—..•  J  ^  .-      .  1    •  I        I       II 

i4»  »*o  >4  f»»>.  within  live  years  from    the  pa-'s^ige    ol    tins  act,  tiioi  oliall 

not  be  tiui«li«  (I  wiihiti  tfii  )»'.«rs  irom  thr  time  of  Hic  com- 

m»'nremeiif    there. )f,  then  this  act     shall  be     null  and  void. 

§    l»».      Tlii?»  »v»    to  be    takfti  and  <l»»MiH'd    a    pu  'lie  act, 

and  shall  be  in  force  from  and  iilttr  ild  pa-isuge. 

V  An'ROVKD   Fely.    11,1S.>7. 


»  %  I!,  iii?,  AN  ACT  to  Incnrpirato  the  rlly  of  Cairo. 

Article  I. — ^''/'/  '■/"'/  Ward  fhtinulttrir^. 

SECTION    1.      lit'  it  cufirtcd  t>i/  tlir  jn'iiplr   iif  thr  shift   of 

Pfiiii$in^   reiirrsriitvil   in  tlie   (itiirrtil  J/^si'inhhj^    That  the 

B««»4*-  ••.  '   .'ri'-l  of  country  in  the  ronn'y  of    Ah  xandir,  »i   I  state 

(/[  f;linoi«,  in  township  sevfiiteen  (  17)  south,  rangi  one  (I ) 


40X  1857. 

vest  of  the  third  principal  meridian,  embraced  within  the 
limits  of  the  city  ol  Cairo  and  of  the  first  addition  to  the 
city  of  Cairo,  as  the  same  are  laid  out,  |)lattt(l  and  recorded 
by  Messrs  Thomas  S.  Taylor  and  Cliailes  Davis,  trustees 
of  Cairo  city  j)roperty,  and  also  the  di.stiict  lying  and  being 
between  the  districts  covered  by  said  recorded  jjjais  and 
the  middle  of  the  main  channels  of  the  Ohio  and  Alississijipi 
rivers,  be  and  the  same  arc  hereby  erected  into  a  cit\',  by 
the  name  of  the  "Cit^  of  Cairo." 

§  -.  Till  inhabitants  of  said  city  shall  be  and  they  are  DuOy  pAiiiic  a«4 
hereby  conslitnted  a  body  politic  and  corporate,  by  the  *=*"'p*'"'*- 
name  -tnd  style  of  the  "City  of  Cairo  ;"  and  by  that  name 
shall  have  perpetual  succession;  and  may  have  and  use  a 
common  seal,  which  they  may  chanm'  and  alter  at  pleasure. 
The  inhabitants  of  said  city,  by  the  name  and  st^le  afore- 
said, shall  have  power  to  sue  and  be  sued,  to  plead  and  be 
impleaded,  defend  and  be  defended,  in  all  couits  of  law  and 
e(|iiity,  and  in  all  actions  whatsoever;  to  take,  purchase 
and  hold  property,  real  and  personal,  wiihin  or  without 
the  limits  of  the  said  city,  for  the  use  of  the  inhabitants 
thereof,  and  to  sell,  lease,  convey  and  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  thing 
in  relation  theieto  as  natural  persons. 

^  :>.     The  city  of  Cairo  shall   be  and  is  hereby  divided  warj*. 
into  four  wards,  as  follows : 

Firsf—A\[  that  |)art  of  the  city,  which  lies  south  and  nr^tH.rd. 
east  of  the  centre  line  of  West  Seventh  street  and  south 
and  east  of  that  line  jjroduced  to  the  middle  of  the  main 
channel  of  the  Mississippi  river  and  south  and  east  of  the 
centre  line  of  Seventh  str.et  and  south  and  east  of  that 
line  produced  to  the  middle  of  ihe  main  channel  of  the 
Ohio  river,  shall  be  and  is  hereby  established  as  and  de- 
nominated the  "Fiist  Ward." 

S(c,m(/—\\[  that  part  of  the  city  which  lies  between  socoaa  w.rd 

the  hrst  ward,  as  herein   and   hereby  established,  and  the 

centre  line  of  12tli  street,  and   that   line   j,roduced  to  the 

middle   of  the  main  channel  of  the  Ohio    river,  shall    be 

and  IS   herebyjestablished   and   denomii;ated  the   "Second 
>\  ard. 

7y,/>,/_All  that  part  of  the  city  which  lies  between  the  Thirj^.ra. 
second  ward  as  herein  and  hereby  established,  and  the 
centre  line  of  Seventeenth  street,  and  that  line  produced 
to  the  middle  of  t!,e  main  channel  of  the  Ohio  river,  shall 
be  and  is  hereby  established  as  and  denominated  the  ''Third 
Ward." 

Fuurfh— AW  that  part  of  the  city  which  lies  between  the  rctru.  wir*. 
third   ward    as    herein    and    hereby   established,   and    the 
centre  line  of  5Utli  street,  and   that  line  produced   to  tlie 
middle  of  the  main  channel  of  the  Ohio  river,  shall  be  and 


•  I 


IS.-.  402 

i<  fiercbv  ostablishcJ  as  and  dcnominatod  thr  "Fourth 
^V.uJ."  ' 

§  L  The  city  council  shall  have  the  power  to  alter  the 
boundaries  of  tlie  wards  of  the  city,  and  may  create  addi- 
tional wards  and  fix  the  houndaiies  therrol,  as  th»}  may 
see  til — in  these  changes  regard  being  hail  to  the  nunilx  r  of 
whit''  inhabitants,  so  that  each  ward  shall  contain,  a*^  near 
as  may  be,  the  same  number  of  white  inhabitants. 

A  RT I  c  L  K  II.  —  i)J  the  CUy  Co  unci/  an  il  Office  t  s . 

c.tywsBcn.  5  1.     There  shall  be  a  city  council,  to  consist  of  a  mayor 

and  board  of  aldermen. 

••^ni  ot  »ucr-       ^  "J.     The  board   of  aldermen   shall   consist  of  twt  Ive 

****  members,  to  be   elected   as  hereinafter   provided,    and  to 

bold  their  offices  for  two  years  and  until  the  election  and 
qualification  of  their  successors. 

Qnj'i9-»'!ca  cf  ^  o.  No  person  shall  be  an  alderman  unless,  at  the 
time  of  his  election,  he  shall  have  resided  six  months 
within  the  limits  of  the  city  and  for  ten  dajsin  tin-  v.  ard 
for  which  he  shall  be  elected,  and  shall  be,  at  the  time  of 
his  election,  twenty-one  years  of  age,  a  freeholder  in  said 
city,  and  a  citizen  of  the  United  States. 

§  -1.  If  any  aldt  rman  shall,  after  his  election,  remove 
from  the  ward  for  which  he  is  elected,  or  shall  cease  to 
be  a  feehol'ler  in  said  city,  his  office  shall  be  thereb)  va- 
cated. 

ciaMM  J  5.     At  the  first  meeting  of  the  city  council  the  alder- 

men shall  be  dividt  (1,  by  lot,  into  two  classes.  The  srats 
of  tliose  of  the  first  class  shall  be  vacated  at  the  expiration 
of  tlie  first  year,  and  of  those  of  the  second  class  at  the 
expiration  of  tlie  second  jear,  so  that  half  of  the  b(  ard 
shall  be  elected  annually,  and  one  of  these  from  each 
ward. 

§  <;.  The  city  council  shall  judge  of  the  qualifications, 
election"  and  returns  of  its  members,  and  shall  deteimine 
all  contested   elections. 

.J  7.  A  majority  of  the  city  council  shall  constitnte  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn, 
from  day  to  day,  a»id  comjx  1  the  attendance  of  absent 
members,  under  such  penalties  as  may  bo  prescribed  by 
ordinance. 
V-  §  H,  The  city  council  shall  liavr-  ]iower  to  deter. nine 
the  rule  of  its  proceedings,  j.unish  its  members  for  disor- 
derly conduct,  and,  with  the  concurrence  of  two- thirds  of 
the  memb«  rs  elected,  exjtel  a  member;  but  if  Huch  alder- 
man be  re-elected  to  fill  tlie  vacancy  occasioned  by  his  ex- 
piihion,  he  shall  not  be  again  expelled  for  the  same  of- 
fence. 


•«(«l«4     t'.to- 


m«M    or 


403  1857. 

^  0.  The  city  council  sliall  keep  a  journal  of  its  pro-  sh»iik<<p..i..ur. 
ceedinors,  and  publisli  the  journal  of  the  proceiMli„u,s  of  "ulZl,!"'''"* 
each  ineetint^,  within  one  wwk  alter  the  holding  of  the 
same  ;  which  publication  sltill  be  made  by  j)nnting  in  some 
newspaper  in  said  city  having  the  largest  circulation  there- 
in, or  by  posting  written  or  j)rinted  copies  of  the  said 
journjii,  for  one  week,  in  four  of  the  most  public  places  in 
said  city.  The  '-ayes"  and  "nays,"  when  demanded  by 
any  member  present,  shall  be  entered  on  ^the  journal  of 
proceedings. 

>j  10.     No   alderman  shall   be  appointed   to   any  office  Pivhibiuo.. 
under  the  authority  of  the  city  which  shall  have  been  cre- 
ated or  the  emoluments  of  which  shall  have  been  increased 
during  the  time  for  which  he  shall  have  been  elected. 

jj  11.     All   vacancies   that  shall  occur  in  the   board  of  vac^ncie*. 
aldermen  shall  be  filled  by  a  new  election,  to  be  provided 
for  by  ordinance. 

jj  1-.  The  mayor  and  each  alderman,  before  entering  oatb. 
upon  the  duties  of  their  respective  offices,  shall  take  :ind 
subscribe  an  oath  that  they  will  support  the  constitution 
of  tfie  United  States,  and  of  this  state,  and  that  they  will 
well  and  truly  porlorm  the  duties  of  their  office,  to  the 
be^>t  of  their  skill  and  abilities. 

g  lo.     Whenever  there  shall  be  a  tie  in  the  election  of  tie. 
aldermen  the  judges  of  election  shall   certify  the  same  to 
the   mayor,  who   sluill  determine  the   same,  by  lot,  in   the 
presence  of  the  board  of  aldermen,  or  in  such  manner  as 
shall  be  j)rovided  by  ordinance. 

^  14.  There  shall  be  twelve  stated  meetings  of  the  city  iceeunat. 
council  in  each  year,  at  such  times  and  places  as  may  be 
prescribed  by  ordinance;  and  the  mayor  or  any  two  alder- 
men may  call  special  meetings,  oy  giving  written  notices 
to  each  of  the  members  of  the  council,  served  personally 
or  left  at  their  usual  places  of  abode. 

Article  III.— 0/  the  Chief  Executive  and  other  Officers. 

§   1.     The  chief  executive  officer  of  the  city  shall  be  a  ii.yor. 
mayor,  who  shall  be  elected  by  the  qualified  voters  under 
thj>;  act,  and  sliall  hold  his  office  for  one  year,  and  until  his 
successor  shall  be  elected  and  qualified. 

§  1.  No  person  shall  be  elegible  to  the  office  of  mayor  Knait..;.!,. 
who  shall  not  have  been  a  resident  of  the  city  for  one  year 
next  preceding  his  election,  or  whu  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,  and  a  freeholder  in 
»aid  city. 

§   3.     If  any  mayor  shall,  during  the  time  for  which  he  a«iiK>-. 
ahail  have  been   elected,  remove   from  the  city,   or  shall 


13^ 


404 


cease  to  be  a    freeholder  ia    saiil  city,    Iiis   office  shall  bo 
thereby  vacated. 
T«Mw^«j«(i<)i>i       s^  4.      When  two  or  more  persons  shall    hnvo    an  equal 
»»'"*•  nuiubor  of  votes  for  mayor tlu^  juilirfs  of  elt'otioii  shall  cer- 

tify the  same  to  the  city  covmcil,  who  si. all  jtioctnl  to  de- 
tt-rinine  the  same,  hy  lot,  in  such  manner  as  may  be  provi- 
ded by  ordinance. 
^^.^  §  o.     Whenever  an  election  for  mayor  shall  be  contest- 

ed the  city  council  shall  determine  the  same  in  such  man- 
nir  as  may  be  piescril)ed  hy  ordinance. 
r,c*aer.  ^   t'l.      Whi  never  any  vae;uicy  shall  happen  in  the  oHicr 

of  mayor  it  shall  be  filled  hy  election,  to    be  provided  for 
by  ordinance. 
<j„h  ^^   7.     The  mayor  shall,  before  he  enters  on  the  duties  of 

his  office,  iti  addition  to  the  usual  oath,  swear  or  affirm, 
»'Toat  he  will  devote  so  murh  of  his  time  to  the  duties  of 
his  office,  dL<  an  efficient  and  faithful  disihar<re  thereof  may 
».UMc(n^^„r.  require."  He  shall  j. reside  over  the  meetings  of  the  city 
council,  and  shall  take  care  that  the  laws  of  the  state  and 
ordinances  of  the  city  are  duly  enforced,  respected  and 
observed,  within  the  limits  of  the  city,  and  that  the  other 
officers  of  the  city  discharge  their  respective  duties.  He 
shall,  frun  time  to  time,  give  to  the  city  council  informa- 
tion relative  to  the  state  of  the  city  and  shall  recommend 
to  their  consideration  such  measures  as  he  shall  deem  ex- 
pedient for  the  advantage  of  the  city.  He  shall  receive 
sueh  salary  as  may  be  fixrd  by  ordinance,  n(»t  exceeding 
five  hundred  dolhirs,  and  shall  eountersign  all  warrants  or 
orders  for  the  paj  nu  nt  of  monty,  drawn  on  the  city  trea- 
surer, in  j)ursuance  of  any  eity  ordinance. 

§  8.  Thrre  shall  be  a  city  clerk,  city  treasurer,  city 
marshal,  city  attorney  and  city  engineer,  who,  in  addition 
to  the  duties  prescribed  by  this  act,  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinance.  There 
shall  al«()  be  such  other  officers,  servants  and  agents  of  the 
corporation  as  may  be  provided  l)y  ordinance,  to  he  ap- 
pointed by  the  mayor,  by  and  with  the  advire  and  consent 
of  a  majoriy  of  the  city  couneil,  and  to  jjerform  such  du- 
ties as  may  be  prescribed  hy  ordinance.  Snc;h  bonds  to 
be  giviri  by  these  and  all  other  officers  as  the  city  cotmcil 
may  direct. 

§  1».  The  city  clerk,  city  attorney,  city  marshal,  city 
engineer  and  city  treasurer,  shall  In-  api)ointed  hy  the  city 
council;  and  they  shall  hold  their  offices  for  one  year,  nnd 
until  tlieir  successor'*  are  duly  elected  and  qualified:  /'ro- 
viJrfl,  the  city  council  may  provide  (or  the  election  ol  all 
or  any  of  thtm  by  tin-  mialili<  d  voters  uinler  this  ad. 

§  li).  The  city  clerk  shall  keep  the  corporate  seal  and 
all  recordu,  papers  and  books  of  the  city,  not  prr.perly  be- 
longing to  any  other  office.     He  shall  attend  all  mettiLgi 


e.-j 


T«r»  0t  •mt*. 


(Rtf  •!•»« 


405  1857. 

of  the  city  council,  and  keep  a  full  record  of  their  pro- 
ceeding-?,  and  shall  cause  the  Siiino  and  all  ordinances  to 
be  ])  iblished,  as  rccpiired  by  law.  He  shall,  likewise, 
draw  ail  warrants  on  the  treasurer,  in  pursuance  of  any 
ordinance  of  the  city  council. 

§  11.  The  city  attorney  shall  attend  to  and  perform  all  cur  attorney, 
professional  services  incident  to  his  office,  and,  when  re- 
qiiirtd,  shall  furnish  written  opinions  U|>on  questions  and 
subjects  submitted  to  him  by  tlie  mayor  or  the  city  council, 
or  its  committees:  Pruvidiily  liuiccvcry  that  the  office  of  PaviM. 
city  clerk  and  city  attorney  may  be  vested  in  the  same 
person. 

§  \1.  TJje  city  treasurer  shall  receive  and  keep  the  city  treasurer, 
money  of  the  city,  and  |)ay  out  the  same  on  warrants  drawn 
in  pursu  ince  of  city  ordinances,  and  shall  keep  bis  ac- 
counts of  receipts  and  expenditiiresin  such  a  manner  as  to 
show  the  exact  state  of  the  accounts  of  the  city;  which 
accounts  shall  always  be  open  to  inspection  and  examina- 
tion by  the  m.iyor  or  any  member  of  the  city  council. 

§  13.  The  city  n^arshal  sfiall  perf >rm  su  'h  duties  as  cityni»rth»i. 
shall  be  ])rescribed  by  the  citv  council  for  the  pnservu- 
ti(in  of  the  public  peace,  the  collection  of  license  moneys, 
fines  and  foifeitures.  He  shall  possess  the  power  and  au- 
thority of  a  constable  by  common  law  or  the  statutes  of  tlie 
state,  and  receive  like  fees:  Provided^  that  for  services 
rendered  under  any  city  ordinance,  he  may  be  allowed  by 
ordinance  double  tlie  fees  of  constables. 

§  14.  It  shall  be  the  duty  of  the  city  enjrineer  to  su-  city  onsjinwr. 
perintend  the  construction  of  all  public  works  ordered  by 
the  city,  'o  make  out  plans  and  estimates  tlierefor,  and  to 
contract  for  the  execution  of  the  same,  and  to  perform  all 
surveying  and  ent^ineeiing  ordered  by  tlie  city:  Provic/vd^ 
however^  such  plans  and  contracts  shall  be  first  approved 
by  the  city  council  or  they  siiould  not  be  valid. 

k   1>«     The  mayor  and  all  other  officers  of  the  crrpora-  R»~u!cnr*. 
tion,  shall  reside  within  the  limits  of  the  city,  during  tlu  ir 
Continuance  in  office;  and  if  tSe  mayor  of  the  corporation 
shall  cease  to  reside  within  the  limits  of  the  city  his  office 
shall  be  thereby  vacated. 

^   10.     Whenever  the  mayor  shall   absent  himself  from  v-a-arr>-. 
the  city,  or  shall   resign  or  tie,  or  his  office  shall    other- 
wise be  vacated,  the  board  of  aldermen  shall  immediately 
proceed  to  elect  one  of  their  number  president,  who  shall 
be  the  mayor  /)ro  lem. 

§   17.     In  case  of  nonattcndance  of   the   majorat   any  tf ■■r.unca<um*t 
meeting,  the  board  of  aldermen  shall   appoint  one   of  their 
own  members  chairman,  who  shall  preside  at  tiiat  meeting. 

§   IS.     He  shall  have   power,    whenever  he    may  deem  Power o'm.jt- 
it  necessary,  to   require  of  any  of  the    officers  of  the  said 
city  an  exhibit  of  his  books  and  papers. 


1857.  1 06 

k»...      .  $   \0.     In  case  tlie  mayor  shall,  at  anytime,  be  guilty  of 

palfiable  omission  ot  dutj,  or  shall  willliilly  antl  cor>u|»tly 
bf  guilt)  of  oppres-^ion,  malcomluct,  or  j>aiti«lity  in  the 
iliseliHrii;e  of  tlie  duties  of  his  othoe,  he  shall,  in  addition  to 
the  penalties  already  imposed  by  law  for  like  otlVnoes,  be 
iJHbie  to  be  inilieted  in  tlie  court  of  comini>n  pleas  of  the 
city  of  Cairo,  and,  on  conviction,  he  shall  be  fined  not 
more  than  one  hundred  dollars;  nnd  the  court  shall  have 
power,  on  recommendation  of  the  jury,  to  add  to  the  judg- 
ment of  the  court,  that  he  be  removed  (rem  office. 
c«*ii*.-ftUMi  »or  ^  -".  No  person  shall  be  eligible  to  any  office  in  said 
•**■  city  who  is  now    or  ma)    hereatter  be  a    delaulter  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  re- 
luse  or  neglect,  for  thirty  days  after  den. and  m^de,  to  ac- 
count tor  and  pay  ovtr  to  the  party  authori/(  il  to  receive 
the  same,  any  public  money  which  may  have  come  into  his 
possession  by  virtue  of  his  office;  and  if  any  person  hold- 
ing any  such  office  or  place  within  the  city  shall  become  a 
defaulter,  whilst  in  office,  the  oflice  or  place  shall  there 
upon  become  vacant. 

Artrlk  l\.—  Of  Klcctiuns. 


mt    •A  1     m.'iri- 


■teai«of  m*?«  §  1.  There  shall  be  a  mayor  and  twelve  aldermen  elect- 
ed by  the  cjUHlified  >(>tei<!  of  said  city,  under  this  act;  said 
aldermen  to  be  a|)j)(U  tioiied  among  the  several  wards  ac- 
cording to  the  nuiiibiT  of  white  inhabitants  in  each;  said 
number  to  be  asrertainrd  in  tin*  manner  hereinalter  pio- 
vided;  and  the  aldermen  for  each  ward  to  be  ciiosen  with- 
in the  same  b)   the  rjnalified  voter*  thereof. 

§  '1.  It  sh/ill  bf  tin-  duty  of  P.  Corcoran,  J.  P.,  Bryan 
Sha;.nesry,  J.  P.,  and  Uobett  E.  Yost,  police  magistrate 
of  the  town  of  ('airo,  or  any  one  of  them,  in  case  of  the 
death,  removal  or  refusal  to  act  of  the  others,  to  make  or 
cause  (n  be  made  an  (numeration  of  the  white  inhabitants 
of  eacli  ward,  and  to  make  a  return  of  the  same  to  the  act- 
ing tioard  of  triistres  of  the  town  of  Cairo,  within  thirtj 
da)!i  alter  lh»*  pawsage  of  this  aet.  The  said  persons,  !)«•- 
for*'  entering  upon  tin*  duty  of  taking  such  eiiunn  ration, 
•  hall  take  an  oath,  befote  any  oihcer  qualified  by  law  to 
admini«ter  oaths,  faitldully  and  correctly  to  take  the  name, 
and  certify  and  make  ret«»rn  thereof  to  the  acting  board  of 
Iruftee*;  fn\(\  certifieat*',  when  returned,  to  be  filed  with 
thf  rleik  of  said  town  of  Cairo. 

^  ').  It  •(hall  Uv  the  duly  of  the  board  of  tru«!tec»,  within 
five  dayi  after  the  return  of  the  enumeration  .ihall  be  made, 
to  mnkt;  thr  apportionment  of  aldermen  to  the  flev(  ral 
ward«y  according   to  the   enumeration  of  each    ward,  and 


407  1857. 

immediately  ther<»iij>on  to  give  notice,  provide  for  and  or- 
der an  election  for  mayor  and  aldernu-n;  and  in  case  the 
said  board  shall  fail  so  to  do  then  it  shall  be  the  dnty  of 
the  persons  herein  appointed  to  take  the  enumerations,  or 
any  one  of  them,  to  apportion  the  aldermen  and  order  an 
election  af  above.  The  persons  who  shall  take  the  enu- 
meration shall  be  paid  a  reasonable  comj)ensation  for  their 
services,  to  be  allowed  by  the  council,  and  paid  out  of  the 
town  treasury. 

§  4.  The  first  election  to  be  held  f  )r  mayor  and  alder-  rnn  cipciion. 
men,  under  this  act,  shall  be  held  in  the  same  place  as  the 
last  qeneral  state  election,  and  shall  be  conducted  by  the 
same  judges,  and  in  the  same  manner,  except  :is  to  (|uali- 
ficalions  of  voters,  as  state  general  elections  are  now  con- 
ducted, and  tie  votes  determined  in  the  same  manner;  ten 
days'  public  notice  to  be  given  of  said  election,  by  post- 
ing up  written  or  printed  notices  in  thr».'e  of  the  most  pub- 
lic places  in  said  eity.  Instead  of  returns  bi-ing  made 
as  for  general  elections  the  judges  of  the  election,  or  a 
majority  of  them,  shall,  within  forty-eight  hours  after  the 
closing  of  the  polls,  make  out  and  deliver  to  those  candi- 
dates having  the  highest  number  of  votes,  or  those  other- 
wise determined  by  the  judges  of  election  to  be  by  law 
elected,  certificates  of  their  election,  and  also  a  list  of  the 
aid  rmen  elected  to  the  person  elected  nii.jor;  and  within 
twenty-four  hours  after  the  delivery  of  such  certificate  of 
his  election  and  list  to  the  person  elected  to  the  otfice  cf 
mayor,  he  shall  notify  the  aldermen  to  meet  at  some  con- 
venient i>lace;  and  in  case  of  his  failure  to  do  so  for  forty- 
eight  hours  one  of  the  judges  of  election  shall  notify  the 
the  mayor  and  aldermen  so  to  meet.  After  a  majority  of 
the  aldermen  have  met  togetlier,  organized  for  business 
and  so  notified  the  judges  of  election,  said  judges  shall 
make  returns  of  the  election  to  the  said  city  council.  At 
this  said  first  election  the  judges  shall  provide  four  ballot 
boxes,  answering  to  the  four  wards  of  the  eity,  nianbered 
from  one  to  four,  in  winch  shall  be  deposited  the  ballots 
from  each  ward,  respectively,  according  to  the  wards  in 
which  the  voters  reside. 

§  •'>.  All  subsequent  elections  shall  be  held  in  such  sub<iC(;ucni  cice- 
places  and  at  such  times  and  in  such  manner  as  the  city  '""' 
couiieil  may  appoint,  of  which  ten  days' pre'iojis  public 
noti  e  shall  be  given  by  the  city  clerk,  by  written  or 
prjuttMl  notices,  in  three  public  places  in  each  ward,  or  by 
publication  in  the  newspaper  publishing  the  ordinances  of 
the  rily. 

§  G.'    The  manner  of  conducting  and  voting  a*  the  elec-  if.nnr-       «-'.n. 
tioiH   licl  1    under   this  act    and   eontestiiig   .he   same,  the   ?i"n$!''      '^'''' 
keeping^  the  poll  lists,  canvassing  the  votes  and  certii^ing 
the   returns  shall  be  the  same,  as  nearly  as  may  be,  as  is 


1857.  408 

now  or  may  horoaftor  l>o  proviiletl  hy  law  at  m  noial  stafe 
rtwtiM.  rJfi-tiiMi?  :    Prorii/n/,  tlio  oity  0(Mii  cil  sliill  luwo  pi>\vt  r  to 

ri"j;iilatr  rU'ctions  and  \\\c  apjn)iiituunt  of  tlie  jiid^fs  tlitre- 
of.  Tlif  votiiu^  si. all  1)0  l»y  balU't,  and  the  judgt  s  ot  the 
election  shall  lake  the  same  oath  and  shall  have  the  same 
powers  and  authority  as  the  jiul^es  of  tln^  jreneral  elec- 
tion. Alter  the  closirtjr  of  the  judls  the  ballots  shaill  h% 
counted  ii;  the  manner  proviiied  by  law  and  the  returns 
shall  be  returned,  S(>al»Hi,  to  the  city  clei  k,  within  thite 
da\s  alter  the  election  j  and  thereuj)on  the  city  council 
sliall  meet  and  canvass  the  same  and  declare  the  result  of 
the  election.  The  persons  having  the  highest  nunibej  of 
votes  for  any  office  shall  be  declared  elected.  It  shall  be 
the  duty  >'f  the  city  clerk  to  ni)tiry  all  pers(uis  elected  or 
appointed  to  office  of  tiieir  election  or  appointment,  and 
uidess  such  persons  shall  qualify  within  twenty  days  there- 
after the  office  shall  become  vacant. 
'^■'*"-  5  7.     ivU  white  male  residents  uf  said  city  over  the  age 

of  twcntv-one  years,  shall  be  entitled  to  v')te  at  all  »lec- 
tions  under  this  act,  who  may  have  rtsided  six  months 
therein,  or  who  sluill  be  the  owiurs  of  an}  iVeeludd  pro- 
perty therein,  and  shall  have  been  actual  residents  of  the 
wards  in  which  they  propose  to  vote  for  ten  da}  s  previous 
to  such  election;  and  e\ery  voter,  if  rcquiied  by  any 
(jUalified  voter  or  juilgf,  shall  take  the  loliawii  g  oath,  \\7.: 
*'I  swear  (or  affir'iM  that  I  am  of  the  agt-  of  lw(ntyone 
year.'',  that  I  have  been  a  resident  of  this  city  six  months 
imm<'diatidy  preceding  this  cleetion,  atal  am  now  and  have 
been  f.>r  the  Ja^t  ten  days  past  a  resident  of  this  ward,  (or 
nm  at  tliij  timi*  a  r*  sulent  and  freeholder  in  this  city.)  and 
li.ivo  not  voted  at  this  election  :"  Pruvidid,  that  the  ^•()tc^ 
niiall  be  deemed  a  resident  of  the  ward  in  wliich  he  is  ac- 
custome<l  t')  lodgi*. 

§  H.  No  election  shall  be  held  in  any  grog-shoj)  or  other 
place  where  intoxicating  lirjuors  arc  vended  by  retail. 

§  y.  The  persons  er.titlrd  to  vote  nt  any  election  held 
under  till?  act  shall  not  he  jirre<«te(l  on  civil  jnocess  widiin 
said  city  nj>on  the  da)  on  which  said  (lection  is  held;  and 
all  p' noni  illegally  voting  at  any  election  held  under  this 
art  or  the  ordirjanci-i  (d  the  city  in  pursuance  thereof, 
flbttll  bu  puniflhablc  according  to  the  laws  of  tl.c  state. 

Articlk  V  —  (tfllit  Li  ij;isl<itii'r  Porrrr.s  nf  the  City  Cinnicif. 

§   1.     The  city  council  shall  have  power — 
'•«'••  First — To  levy  and  collect  taxes  upon  allprop^rl),  real 

and  perdrinal,  within   the  city,  made  taxable    by  law    for 

state    purpose*,   not  exceeding  r)r)e-hhlf  per  centum    per 

urmum  up'in  the  assi<<<<( d  value  thereof. 
,  .,.         StCiHil — To    borrow    m-uiey  on    the    credit    of  tii<-    <  i(y, 

and  to    injiue  bond*,  »crip  or  certificates  thereloi  :   I'mvi' 


rr«Ltttti««. 


|ltr»-i?tl  a     »•  J 
Uahmtf  «t 


400  185?. 

ded.,  that  no  sum  or  sums  of  money  shall  be  borrowed  at 
a  grt^ater  interest  than  six  (ler  cent,  per  annum  ;  nor  shall 
thr,  interest  on  llie  agt^rej^ate  of  all  snms  borrowed  and  (Uit- 
Standin}^  ever  exeerd  one-h:ilf  of  t  le  city  revenue  arising 
from  taxes  assessed  on  real  property  .within  the  corporation. 

Third — To    appropriate  money,  and  to  provide  for   the  Dobtii   and   ex- 

II  c    \  peuses. 

payment  ot  the  dtht  and  exjtenses  oi  tlie  city. 

Fourth — T>  make  regulations  to    prevent  t!ie  introduc-  Contaniou*    di- 
tlon  of  contagious  diseases   into    the  city;  to  make  (juar-    '*'"°*- 
antinc  laws  tor  tiiat  purpose,  and  enforce   the  same  within 
five  miles  of  the  city. 

'Fifth — To  establish  hospitals  and   make  regulations  for  noi-piuu. 
the  government  thereof. 

Sixth — To    make    regulations    to    secure   the    general  ncuuh. 
health  of  the   inhabitants;  to    declare  wliat  shall  be    nui- 
sances, and  to  prevent  and  remove  liie  same. 

Seventh — To  provide  the  city  with  water,  and  to  erect  Wator. 
reservoirs,   hydrants,  fire  p'ug.^  and   pumps  in  the  streets, 
within  or   beyond  the   boundaries  of  the  city,  for  the   con- 
ven'ence  of  tlie  inhabitants  of  the  city,  and   for  the  extin- 
guishment of  fires. 

Eighth — To    open    establisli,    grade,    pave,    plank,    or  strccu. 
otherwise  improve,  clean  and    keep  in  repair  streets,  ave- 
nues, lanes  and  alleys. 

A'inth — To  establish,  erect,  construct  and  keep  in  re-  Brideo*. 
pair  bridges,  culverts,  sewers,  sidewalks  and  cross-ways, 
and  regulate  the  m^q  and  construction  of  the  same,  and 
abate  and  remove  any  obstructions  thereon;  to  establish, 
alter  and  change  the  channel  of  water  courses,  and  to 
Wall  them  up  and  cover  them  over. 

Tenth — To  provide  for  lighting  the  streets,  and  erecting  Ligui. 
lamps  thereon. 

Eleventh — To    establish,    support    and    regulate     niglit  •watcb. 
watch  and  patrols. 

Twelfth — To    erect  maiket  houses,  establish    markets  xiarkeii-. 
and  market    places,  and   provide  for  t!ie  government   and 
regulation  tlu  reof. 

Thirteenth — To  provide  for    the  erection  of  all  needful  Biiuinid. 
buildings  for  the  use  of  the  city. 

Fourteenth — To    provide  tor  inclosing,  improving  and  p ibUc  grcnnds. 
regulating  all  public  grounds  belonging  to  the  city. 

Fifteenth — To  improve    and  preserve  the   navigation  of  Nivigaiion. 
the  0!»io  and    Mississippi   rivers  within  the    city,  and    re- 
move obstruttions  thereon. 

Sixternth — To  erect,  repair  and  regulate  public  wharves  wharTw. 
aod  docks,  and  to  colU-ct  wharfage  therefrom. 

Seventeenth — To  ri'gulate  the  stationing,  anchorage  and  ve^feis. 
mooring  of  vessels   within  the  city. 

Eii^hteenth. — To  license,  lax   and  regulate  auctioneers,  Auctioneers, 
grocers,  uierchants,  retailers  and  taverns,  and  to  license, 


1857.  ^  110 

t:ix,  rogulate  and  suppress  oriliimrios,  luiwktis,  peiUllers, 
brokers,  pawn-brokirs  aiul  inoney-cliMum'rs. 

c*.-nk{t«.  .\*/j<7fr/iM — To  license,  tax  and  ref^nlate  liackiit'y  car- 

riaj»fs,  omnibuses,  wagons,  carts  and  dm)  ,  and  lix  the 
ralfS  ti)  be  charged  lor  the  carriage  ot  juisons,  and  tor 
wagonage,  cartage  and  dravage  of  propcrt}. 

'•"*'«  Tucntieth — To  license  and  regulate  porters,  and  fix  the 

rate  of  porterage. 

Sfc.»..  Twenty  first — To  license,   tax,  regulate   and   suppress 

theatrical  and  other  exhibitions,  shows  and  anuiseiiu  nts. 

«»ci.^r,4t  Ttn  nfi/'SfCond — To  license,  tax,  restrain,  prohibit    and 

suppress  billi.rd  tabU'S,  tippling  houses  and  dram  shops, 
and  to  suppress  gaming  and  giMnhling  houses,  and  other 
disorderly  liouses,  and  to  suppress  bawdy  houses. 

'•'••  Tutnti/'third — To   pro\ide  lor  the  j)revention   and  ex- 

tinguishment of  fires,  and  to  oiganize  and  establish  fire 
c«)mpanies  ;  also  to  regulate,  restrain  and  prohibit  the  erec« 
tiou  of  wooden  buildings  in  anv  part  of  the  city  ;  to  regu- 
late and  prevent  the  cariying  on  of  manulactures  dan«;Lr- 
ous  in  causing  or  producing  fins  ;  to  appoint  fire  wardens 
and  property  guards,  with  puwer  to  remove  and  keep  away 
from  the  vicinity  of  any  fire  all  idle  and  suspicious  persons 
lurking  near  the  same,  and  to  compel  any  jierson  or  per- 
sons present  to  aid  in  extinguishing  such  fire,  or  in  the 
preservation  of  property  exposed  to  the  danger  of  the 
same,  and  in  preventing  goods  from  be»ng  purloined  there- 
at, and  with  such  other  powers  and  duties  as  may  be  pre- 
scribed by  ordinance  ;  to  coiiijiel  the  o\t'ners  of  houses  and 
otiier  buildings  to  have  scuttles  upon  the  roofs  of  any  such 
hou>*es  and  buihiings  and  stairs  or  lH(l<i«r^  Irndiiigto  the  same. 

C".  -  •'«  Tu'tuty-Juxirth — To  regulate   and  order  the  cleaning  of 

chimneys,  and  to  fix  the  fees  thereof,  and  to  regulate  the 
fixing  of  stovepipes. 

c  ■  Ttrrntij-fijlh — To  r«-gnlate    the  stor;ige  of  gun|>owdcr, 

tar,  pitch,  ro-^in,  hemp,  cotton  and  all  other  combus- 
tible mateiials,  and  the  use  of  lights  and  candles  in  all 
stableii,  shopj  and  ot!i«*r  ph'.ccs  ;  t'»  remove  or  prevent  the 
construction  ot  any  fire  place,  hearth,  chimney,  stovej 
oven,  boiler,  kettle  or  apj-.tratus  used  in  aiiy  house,  build- 
ing, manufactory  or  bu-'iiiesv,  which  may  be  dangerous  in 
causing  or  promoting  fins;  to  direct  the  safe  construction 
of  dep'>.'il"«  for  asln  f ,  and,  severally,  to  enter  into,  or  to 
appoint  imo  or  more  ntrioer<«,  ai  reasonable,  times,  to  enter 
into  and  examine  all  dwelling  honsis,  lots,  yards,  inclo- 
•  iirii  and  buildings  of  ever}  ilescription,  in  older  to  dis- 
cover whether  any  of  Ihetn  art;  in  a  dangerous  state,  and 
<o  came  fiU4h  a»  may  be  dangerous  to  be  put  in  safe  and 
neciire  condition. 

tftu^ifSA.  Ttrrntij-Hixlh — To    regulate   and  |irescrihe   the  manner 

of  and  order  the  building  of  partition  and  parapet  walls; 
and  of  parti* ion  fences. 


411  1857. 

Twenti/sevenfh — To  establish  standard  weiclits  and  inea-  T^J''''"      "'^ 
flures,  and  to  rt* gulatt-  the  weiglits  and  measures  to  be  used 
in  the  city,  and  in  all  rases  not  otherwise  provided  by  law. 

Tu'cntii-eii;lilU — To  provide  lor  the  inspectioir  and  mea-  Lumber, 
suring  ot  liiniber   and  other  building  materials. 

Tu'eiitji-tnnlli — To  provide  for  the  inspection  and  weigli-  nayaDjfuei. 
ing  of  hay  and  stonecoal,  the  nua<:uring  of  charcoal,  fire- 
wood and  all  other  fuel  to  be  used  \\.  the  city. 

Thirtieth — To  provide  for  and  regulate  tlie  inspection  provibionf, &«. 
of  tobacco,  cotton,  beef,  pork,  flour,  meal,  oils,  whisky 
and  other  spirituous  licjuors,  in  barrels,  hogsheads  an  1  other 
vessels,  and  nil  other  articles  of  commerce  :  Pravided^  PrcvUo. 
that  nothing  in  this  act  shall  be  so  construed  as  to  author- 
ize the  inspection  of  any  article  enumerated  in  this  act 
which  is  to  be  shipped  beyond  the  limits  of  this  state,  ex- 
ce])t  at  the  request  of  the  owner  or  owners  thereof,  or  of 
the  agent  having  charge  of  the  same. 

Tliirtyfirftt — To  regulate  the  inspection  of  butter,  lard  Butter,  um,  &«. 
and   other    provisions  ;  to  regulate   the   vending   of  meat, 
poultry  and    vegetables  ;  to  restrain  and  punish  the  fore- 
stalling of  poultry,  butter,  eggs  and  fruit,  and  to  suppress 
hucksters. 

Tliirtij  second — To   regulate    the    weight,  quality    and  Brcart. 
price  of  bread  to  be  used  and  sold  in  the  city. 
..; ,  Thirtij-third — To  regulate  the  size   of  bricks  made  or  Bricks. 
used  in  the  city. 

Thirty -fuiirth — To  provide  for  taking  an  enumeration  censm. 
of  the  inhabitants   of  the  city. 

Thirtjj-Jifth — To  regulate    the   election  of  all  elective  Eieciioni. 
city  officers,  and  provide  for  removing  from  office  any  per- 
son holding  an  office  created  by  this  act  or  by  ordinance, 
not  otherwise  provided  for. 

Thirtjj-sixt.i — To  provide    for   the    appointment  of   all  ooiccra        aad 
officers,  sep-ants  rnd  agents  of  the  corporation,  not  other-    "seuu. 
wise  provided  for. 

Tliirtj-sevenih — To    fix   the    compensation    of  the   city  Fec». 
officers,  and  provide  for  the  pa3ment   of  the   same,   and 
regulate   the  fees  of  all  jurors,  witnesses   and  others,  for 
services  rendered  under  this  act  or  any  ordinance. 

Thirti/'cighth — To   regulate   the   police  of  the   city,   to  PoUco. 
impose   fines,   forfeitures   jind  penalties  for  the  breach   <»f 
any   ordinance,  and    provid»'  for  the    recovery  and    appro- 
priating such  fines  and  forfeitures,  and  the  enforcement  of 
such   penalties. 

Thirti/-ninth — To  regulate  and  license  all  ferries  within  rcrrUf. 
the  limits  of  the  city. 

Fortieth — To    remove    all   obstructions  from  the   side-  Ob»tniciio«i. 
walks,  and   to  |)rovi(lc    for  the   construction    and  repair  of 
all  sidewalks  and   curbstones,  and   for  the  cleaning  of  the 
same,  and  of  the  gutters,  at  the  expense  of  the  owners  of 
the  ground  fronting  thereon. 


iSoT.  ll-- 

>»«•.  Forty  first — To  prevent  and    restrain    any  riot,  noise, 

open  iijiJecencie*,  tlisturbance  or  disonlerly  assemblages 
in  any  street,  house  or  place  in  tlie  city. 

•'?•*»«.  h\>rty'sec(in({ — To    prevent  ami   riino\e  all  encroacli- 

ments  into  and  upon  all  streets,  lanes,  avenues  and  alleys 
es(<*blislied  by  law  or  ordinance. 

•  T  r- r^-r.  F.irl;/  third  —To  exeri'ise  complete  and  perfect  control 

overall  llie  property  bi-longinjj  to  the  city,  real  and  per- 
sonal, whether  l>in<»  wilhin  or  beyond  the  limits  of  the  cor- 
poration created  by  this  act,  and  the  same  to  lease,  sell, 
transfer  and  dispose  of,  either  absolutely  or  with  liniita- 
ti<in,  to  any  )>erson  or  persons  whatsoeier,  and  «^enerally 
to  make,  j>ass,  publish,  amend  and  repeal  such  rules,  regu- 
lation?, by-laws  and  ordinances,  for  the  purpose  of  main- 

'^V  tainins;  the  peace,  good  government  and  order  of  the  city 

of  Cairo,  and  the  trade,  commerce  and  manufactnres 
thereof,  as  the  city  council  may  deem  expedient,  and  that 
may  be  necessary  or  proper  to  carrv  into  etroctthc  pow  rs 
granted  by  this  act,  not  repugnant  to  the  constitution  or 
W^'s  of  this  state,  and  also  to  enforce  the  observance  of 
all  such  rules,  ordinances  and  r*>gulations,  and  to  punish 
violations  thereof  by  fines,  penalties  and  imprisonment  in 
tin*  city  jail,  or  both,  in  the  discretion  of  the  court  or 
magistrate  before  whom  conviL'tion  may  be  had.  But  no 
.  fine  or  penalty  shall  exceed  five   hundred  dollars,  nor  the 

imprisonment  six  months  for  any  one  ofTencc  ;  and  such 
fine  or  penalty  mny  be  recoveretl,  with  costs,  in  an  action 
of  d-bt,  in  th"  nun  •  and  f.)r  the.  u^e  of  tlie  city,  before  any 
court  having  jurisdiction  and  punishment  inllicted;  and 
any  person  upon  whom  any  fine  or  ]<enalty  is  imposed, 
siiall  stand  committed  until  the  ])ayment  of  the  same  and 
COst9,  and  in  default  thereof,  may  be  imprisoned  in  the 
city  jail,  or  be  required  to  labor  on  the  str*  ets  or  other 
public  works  of  the  city,  for  such  time  and  in  such  man- 
ner as  may  be  provided  by  ordinance. 

t*iif^..  Furliffoitrlli — To    direct    and    control,    hereafter,    the 

laying  an<l  construction  of  railroad  tracks,  bridges,  turn- 
outs and  switches  in  tin*  streets  and  alleys  within  the  city. 
To  re  juiro  that  railroad  trucks,  bridges,  turn-outs  and 
switches  shall  be  so  constructed  and  laid  n^  to  interfero 
as  little  34  possible  with  the  ordinary  travel  and  use  of 
the  streets  an  1  alh-ys,  and  that  Nnfficient  space  shall  bo 
left  on  eitli'-r  side  of  said  tral■k^  for  the  sale  atid  conve- 
nient passage  of  teams  and  person'  ;  to  recjuire  railroad 
companies  to  keep  In  repair  th*-  street-*  through  which  their 
trar-ks  may  run,  and  t'»  construct  and  kirep  in  repair  snila- 
bl«'  crosiing.i  at  the  intersections  of  streets  and  alleys, 
and  dilehe*,  sew«rs  and  culverts,  when  the  city  council 
sliall  deem  necessary  ;  tlirec.t  and  r«gulate  the  njieed 
of  locomotive  engines  within  the  inhabited  portions  of  the 


413  1S57. 

city;  to  proliil)It  and  restrain  railrc^ad  ooinpanies  from 
doing  a  storage  or  wareliouse  bu>inei>s  for  hire  or  pay, 
and  from  selling  goods,  ivares  or  mereliandise  upon  tlieir 
grounds  or  dfp.tt  preini.^e?,  or  lo  receive  compensation  for 
the  forwarding  t  f  goods. 

F()rti/-J'iJ'!h — To  jrevent  any  ])erson  from  hringing  into  Buri»i. 
and  burying  dead  bodies  within  the  limits  of  the  eity. 

Forlij-sixth — To  regulate,  prevent  and  prohibit  the  use  Kiroanm. 
of  fireworks  and  the  discharge  of  firearms,  except  in  the 
defence  of  the  person  or  property,  and  except  by  any  mili- 
tary  comj)any    or  assemblage   of  citizens  at  some  public 
celebration. 

F()rti/-scvenlh — To  license,  regulate  and  prohibit  butch-  Butcbcix. 
crs  and  to   revoke  their   licenses   for  malconduct   in    the 
course  of  trade. 

Fi/rfi/-(ii^/i//i — To  regulate,  restrain  and  prohibit  the  Animaia, 
runJiing  at  large  of  horses,  cattle,  swine,  sheep,  goats  and 
geese,  and  to  authorize  the  distraining,  impouiiding  and 
sale  of  the  same,  for  the  costs  of  the  proceedings  and  tiie 
penalties  incurred,  and  to  impose  penalties  on  the  owners 
thereof  for  a  violation  of  any  ordinance  in  relation  thereto. 

/<\>>7y-/}/;iM —To  regulate,  restrain  and  prohibit  li.erun-  Dog«. 
ning  at  large    of   dogs  and   to  authoiize   their  destruction 
when  at  large  contrary  to  ordinance,  and  impose  penalties 
on  the  owners  or  keepers  thereof. 

FiftUth — To  regulate,   establish   and  create   the  police  Police. 
of  the  city,  to  ap})()int  watchmen  and  policemen  and  pre- 
scribe their  duties  and  powers. 

Fifti/-fir.st — The  city  council  shall  have  the  exclusive  t;'o<;criei. 
authority,  within  the  limits  of  the  city,  to  license  grocer- 
ies, beer  shops,  and  saloons,  and  all  places  f  jr  the  sale  of  vi- 
nous, spirituous  and  fermented  liquors,  and  all  sums  of  mo- 
ney which  may  be  received  for  grocery  and  all  other  licenses, 
shall  be  paid  into  the  city  treasury  for  the  use  of  the  city  : 
Providi  d,  no  license  shall  be  granted  for  a  longer  period 
than  one  j  ear,  and  no  license  for  the  sale  of  wines  or  other 
liqtiors  shall  be  issued  for  a  less  sum  than  seventy-five 
dollars. 

§  2.  The  city  council  shall  have  power,  subject  to  the  ordjawt**. 
restriction  in  ihe  preceding  section,  to  make  all  ordinan- 
ces which  shall  be  necessary  and  proper  for  carrying  into 
eftect  the  powers  specified  in  the  preceding  section,  and  all 
other  powers  vested  by  this  act  in  the  corporation,  the 
city  government  or  any  department  thereof. 

^  3.     No   money  shall  be  evpendcd,  nor  shall  any  im-  ii,pe«dUBf»i. 
provement  be  ordered,  involving  an  expenditure  of  mo- 
ney, except  by  ordinance,  the  provisions  of  which  shall  be 
specific  and  definite. 

^  4.     Every  ordinance  or  resolution  which  shall    have  To(e. 
been  passed  by  the  city  council  shall,  before  it  becomes  a 


1?57.  414 

law,  to  preseutoil  to  the  mayor  for  liis  approval.  If  he 
approve Jie  shall  sii^n  it;  if  not,  he  shall  rotiirn  it,  with  his 
ol>j»*ction<,  to  the  board;  which  objections  shall  be  entered 
at  lari»e  on  the  journal,  ami  the  bill  reeonsidered. 

r.  ^    "».      If,  after  suoli  reooiKiileration,  a  majority  of  all  the 

iiuMnbers  elected  to  tl»e  board  shall  a<^ree  to  pass  the  same, 
it  shall  become  a  law. 

Tot  n!  r-v'v  ij  I't.  In  all  cases  the  votes  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  journal  of  the  board. 

tiii»»(X  rtmm-  Jj  7.  If  any  bill  shall  not  be  returin'd  l)y  the  mayor  to 
*i^  u>  tfr.jo.e  {|,p  pi(y  pij.rk  in  five  days,  Snndays  excepted,  afterit  shall 
have  been  presented  to  him  for  his  approval,  the  sume 
fhall  become  a  law  in  the  same  manner  as  if  he  had  ap- 
proved and  signed  it. 

■■xi«.  vj  8.     T!ie  style  ot   the  ordinances  of  the   city  shall   be 

*'/^f  it  onlaineil  ht/  the  Ci/i/  Cnuncil  of  thv  (h'ti/  of  Cairo.^^ 

rwuii*\u».  ^  *t.      All  ordinances   passed  by    the   city  council  shall, 

within  five  days  after  their  ])assa{Te,  be  published,  by  print- 
ing in  a  newspaper  published  and  circulated  in  the  city  of 
Cairo,  or  by  posting  up  printed  or  written  copies  of  the 
same  in  four  of  (he  most  public  places  in  said  city;  and  un- 
til such  publication,  fort^n  days,  the  said  ordinances  shall 
not  go  into  etfect. 

•••I.  >;   1»>.     All  ordinances  of  the  city  may  be  proven  by  the 

seal  of  the  corporation,  and  when  printed  and  published  by 
authority  ol  the  corporation,  the  same  shall  be  received  in 
evidence  in  all  courts  and  [)lac)'S   without  further  proof. 

A«a4UkOT.  ,:;    11.      The  city    council  shall    have  j)ower  to  keep    the 

streets,  Unes,  avenues  and  alleys  in  rej)air,  and  to  recjuire 
all  male  inhabitaitts  in  said  city,  of  twenty-one  years  of 
age  and  not  over  fifty,  to  labor  on  said  streets,  lane,  avenue 
or  alley,  not  exceeding  three  days  in  each  and  every  year; 
and  any  jjerson  failing  to  perform  such  labor,  when  duly 
notifi«-d  by  the  sup»rv  i.^or  f)r  other  officer,  shall  forfeit  and 
pay  not  to  exceed  one  dollar  per  day  for  each  day  so  ne- 
glected or  refused. 

Articlk  VI — ('ollection  nf  Taxes  and  */Isscssments. 

§  1  The  city  council  shall  have  power,  by  ordinance, 
t'y  pre«»cribe  tin  form  of  assessment  li«ts,and  prescribe  the 
duties  and  define  the  powers  of  assessors  ;  tliey  may  also 
make  giicli  rulffi  and  give  such  directions  in  relation  to 
revming,  altering  f)r  adding  to  the  lists,  as  they  may  deem 
j>rf  p«r  or  expedient. 

(j  '1.  The  anttuiil  assessment  lists  shall  b«!  returned  by 
the  aifeaior,  f»n  or  before  the  first  Monday  in  August  in 
each  )ear,  but  the  time  may  be  exten<led  by  order  of  the 
cify  council.  On  the  return  thereof,  the  city  coJincil  shall 
fix  a  day  for  heuriug  objections  thereto,  and  the  clerk  sikali 


l<t«r«  «(  \U**. 


415  1857. 

f;ive  notice  of  tlie  time  and  place  of  such  hearing,  by  pub- 
ication  in  the  liewspaper  publishing  tlie  ordinances  ol  t!ie 
city,  or  by  other  notices  posted  in  lour  public  places  in 
the  city;  and  any  person  feeling  aggrieved  by  the  ass«'ss- 
ment  of  his  proj)trty,  may  appear  at  the  time  sj)icified 
and  make  his  ohjt-etions.  The  city  council  shall  have 
power  to  supjjly  omissions  in  said  assessment  lis»s,  and  tor 
the  purpose  of  eijializing  the  same,  to  alter,  add  to,  take 
from  and  otherwise  correct  and  revise  the  same,  or  to 
refer  the  same  back  to  tl  e  assessor,  with  instructions  to 
revise  ami  correct  the  same. 

S  3.     When   the  assessment  lists   have   been    corrected  ciioetor's  war- 

•  •  ruut, 

and  revised  the  same  shall  be  filed,  and  an  order  confiim- 
ing  the  same,  and  directing  tiie  warrant  to  be  issued  for 
the  collection  thereof,  shall  be  entered  by  the  clerk.  The 
city  council  shall,  thert  upon,  by  an  ordinance  or  resolu- 
tion, levy  such  sum  <>r  sums  of  money  as  may  be  sufficient 
for  the  several  purposes  for  which  taxes  are  herein  autho* 
ri>:ed  to  be  levied,  not  exceeding  the  authorized  j)er 
centiige,  particularly  specilying  the  j)urposes  for  which 
the  same  are  levied. 

§  4.  All  taxes  and  assessments,  general  or  special,  i-icn- 
levied  or  assessed  by  the  city  cour  cil  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  corrected 
assessment  lists  shall  be  confirmed  or  the  passage  of  the 
order  for  assessment,  and  on  personal  esta'e,  from  and 
after  the  delivery  of  the  warrant  for  the  collection  thereof 
until  paid  ;  and  no  sale  or  transfer  shall  affect  the  lien. 
Any  personal  jiroperty  belonging  to  the  debtor  may  be 
taken  and  sold  for  the  payment  of  taxes  on  real  or  personal 
estate  ;  and  the  real  estate  shall  be  liable  for  the  taxes  on 
personal  estate,  in  case  of  removal,  or  when  the  tax  can- 
not be  made  out  of  the  personal  estate,  in  the  same  raan- 
mer  as  is  prescribed  by  the  laws  of  the  state:  PruvukJ,  ProviM. 
tliat  in  case  the  collection  of  any  assessment  shall  be  de- 
layed by  judicial  proceedings,  the  same  shall  continue  a 
lien,  unless  set  aside,  upon  the  real  estate,  for  the  period 
of  two  year's  from  and  after  the  final  disposition  of  such 
injunction  or  other  judicial  proceeding. 

§  5.  The  clerk  shall  issue  a  warrant  or  warrants  for  wirrtnt. 
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  t>f  the  tax  therein 
set  down. 

§  0.     All  warrants  issued  for  the  collection  of  general  Coiie*n*o. 
or  special  taxes  and    assessments   shall   be  signed    b}  the 
mayor  and  clerk,  with  the  corporate  seal  thereto  attached, 


l!?'' 


416 


and  shall  coulain  true  and  perfect  copies  of  the  corrected 
a«scssinint  lists,  upon  which  the  same  may  be  issued. 
Tiit-y  shall  be  delivered  to  the  collector  for  colK  ction 
witfiin  thirty  days  after  the  filing  of  the  correlated  lists, 
ui)les>'  further  time  for  this  purpose  shall  be  givi  n  by  the 
city  council  If  not  otherwise  paiil,  the  collecter  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 

rr«TiM  to  pay  the  s.ime  :    /*/•<>/•/</((/,  a  notice  pul)lished  by  the  col- 

lector for  ten  days  in  the  newspaper  printint^  the  ordinances 
of  the  city,  or  posted  up  in  four  public  places  in  the  city, 
shall  be  deemed  a  demand,  and  a  neglect  to  pay  tixes  fof 
twenty  days  thereafter  shall  be  deemed  a  refusal.  The 
assessor's  list  shall,  in  all  cases,  be  evidence  on  the  part 
of  the  city  corporation. 

uam»*r  cf  c  ;-       ^  7.     All   taxes    and    assessments,   general   or  special, 
'***"*■  may  be  collected  by  the  collector  in  the  same  manner  and 

with  llie  same  power  and  authority  as  is  given  by  law  to 
collectors  of  county  and  state  taxes  or  in  th»^  manner 
heieinafter  provided  for.  He  shall  pay  the  same,  as  fast 
as  collected,  into  the  city  treasury;  and  his  duty  in  reganl 
to  returning  warrants  and  settling  with  the  city,  and  his 
lidbililies,  in  case  of  default  or  misconduct,  shall  be  the 
same  as  prescribed  by   law  in  case    of  county   collector: 

PrarlM.  I*rufii/(i/y  the  city  council  sliall  have  power  to  prescribe 

the  powers,  duties  and  liabilities  of  colleetors,  by  ordi- 
nance. 

K«^>*rn>eot.  ;;  8.     In  case  of  thc  nonpayment  of  any  taxes  or  assess- 

ments levied  <»r  assessed  under  this  act  the  premises  may 
be  S'dd  fjr  the  payment  thereof,  at  any  time,  within  two 
years  after  the  confirmation  of  the  assessment  by  the  city 
council,  before  any  sucli  s.\\i'  or  order  shall  be  made  hy 
the  city  council,  which  shall  be  entered  at  large  in  the 
journal  or  record  kept  by  the  clerk,  directing  the  collect- 
or to  sell,  particularly  describing  the  delinquent  premises 
to  be  sold  and  thc  assessment  for  which  the  sale  shall  be 
made,  a  certified  copy  of  which  order,  under  the  corporate 
seal,  signed  by  the  mayor  or  jiresiding  officer  and  ch  rk, 
shall  be  delivered  to  tlie  collector,  which,  together  with 
the  wairaiit,  shall  constitute  the  [irocess  uj)on  which  such 
sale  may  be  made. 

A<««rU«iBr.  S  ;».     The  collector  shall  then  advertise  such  premises, 

in  the  newspaper  publishing  the  ordinances  of  tht;  city,  for 
sale,  or  poU  uj)  notices  in  four  j)uhlic  ])Ianes  in  ihe  city  of 
the  Jialp,  at  lemt  thirty  days  froni  an<l  alter  the  first  publica- 
tion of  Jiuch  nofiee,  describing  the  jiremi^ies,  hy  figures  or 
otherwiif,  with  the  name  of  the  owner,  when  known,  and 
\\if  several  amounts  of  the  taxes  and  as"«essment8  thereon, 
ai,d   co#ls.     Said  notice  shall  also  contain  the  time  and 


417  1857. 

place  of  sale,  and  shall  be  published  at  least  four  times. 
The  proceedings  may  be  stopped  at  any  time,  on  the  pay- 
ment of  taxes  or  assessment  and  intercut,  with  expenses  of 
advertising. 

§  10.  All  sales  shall  be  conducted  in  the  manner  re-  ■«io«. 
quired  by  law,  but  the  city  council  shall  have  power  to 
prescribe  the  manner  of  conducting  tlie  same.  The  sale 
shall  be  made  for  the  smallest  portion  of  ground,  to  be 
taken  from  the  east  side  of  the  premises,  for  which  any 
person  will  take  the  same,  and  pay  the  taxes  or  assess- 
ments thereon,  with  interest  and  costs  of  sale.  Duplicate 
certificates  of  sale  shall  be  made  and  subscribed  by  the 
collector,  one  of  whicli  shall  be  delivered  to  the  purchaser, 
and  the  other  filed  in  the  office  of  the  clerk;  which  cer- 
tificate sliall  contain  the  name  of  the  purchaser,  a  descrip- 
tion of  the  premises  sold,  the  amount  of  taxes  or  assess- 
ments, with  the  interest  and  expenses  for  which  tlie  same 
was  sold,  and  the  time  when  the  right  to  redeem  will  ex- 
pire. 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  s!iall 
keep  a  record  of  such  sales,  which  shall  be  open  to  public 
ins].ection  at  all  reasonable  times. 

§  11.  The  right  of  redemption,  in  all  cases  for  sales  EedempUon. 
for  taxes  or  assessments,  shall  exist  to  the  owner,  his 
heirs,  creditors  or  assigns,  to  the  same  extent  as  is  allowed 
by  law  in  all  cases  of  sales  of  real  estate  for  texes,  on  the 
payment,  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, /iv2?ne 
covert  or  lunatic  be  sold  under  this  act  the  same  may  be 
redeemed  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  deposit  thereof  with  the  treasurer, 
taking  his  receipt  therefor.  If  not  redeemed,  according 
to  law,  the  city  council  shall,  upon  the  return  of  the  cer- 
tificate or  proof  of  its  loss,  direct  a  deed  to  be  executed 
to  the  purcliaser,  under  the  corporate  seal,  signed  by  the 
mayor  or  presiding  officer  of  the  city  council  and  counter- 
signed by  the  clerk,  conveying  to  such  purchaser  the 
premises  so  sold  and  unredeemed  as  aforesaid.  An  ab- 
stract of  all  deeds  so  made  and  delivered  shall  be  entered 
by  the  clerk  in  the  book  wherein  the  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-  i^,o*M. 
mises  sold  for  taxes  or  assessments,  under  authority  of  the 
city,  shall  be  entitled  to  receive  a  deed  of  such  premiBes, 
-4»  ' 


l^c 


r«i:er«V»  Mil 


418 

in  Us  own  name,  and  Nvith  the  same  effect  as  though  he 
hail  hcvu  the  oris;inal  purchaser.  ,      .   .    r      * 

6  1-  H-  «t  ««')  ^^al^'  ^^'"  >^^"»  ^'  personal  estate  for  axes 
or  assessments  no  hid  shall  be  nuule  lor  any  parcel  o  land 
or  anv  K^ods  and  ehatt.ds  the  same  shall  he  struck  oft  to  the 
city, 'and  thereupon  the  city  shall  receive  ,n  the  corpo- 
rate name,  a  certificate  of  the  sale  thereof,  and  shall  be  vest- 
cd  with  the  same  ri-hts  as  other  purchasers  at  such  sales. 
5.  It.  \11  deeds  made  to  purchasers  of  lots  sold  tor 
tnxe.  or  assessments,  by  order  of  the  city  council,  shall  bo 
vrim^ijiicie  evidence,  in  all  controversies  and  suits  in  re- 
lation to  the  right  of  the  purchaser,  his  heirs  or  assigns, 
to  the  premises  thereby  conveyed,  ol  the  loUowuiR  facts 

/Vrv/-  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  m  the  time 
and  manner  required  by  law. 

Secoml— Thai  the  taxes  or  assessments  were  not  paid 
at  any  time  before  the  sale.  . 

Thh'd-Th^i  the  land  conveyed  had  not  been  redeemed 
from  the  sale  at  the  date  of  the  deed,  and  shall  be  couclu- 
iv     evidence  of  the  following  facts:  first    that  the  land  or 
it  was  advertised  for  sale   for  the  K"gth  of  time  and    n 
the  manner  required  by  law,  second,   tha     the    Ian.   was 
sold  for  taxes  or  assessments,  as  stated  in  the  deed    th.  d, 
that  the  grantee  in  the  deed  was  the  purchaser;  tourlti, 
that  the  sale    was  conducted   in   the   manner  required    >y 
law;  and  in  all  controversies   and  suits  involving  the  title 
to  Und  claimed  and  held  under  and  by  virtue  "I  such  deed, 
Ihc  person  or  persons   claiming  title   adverse  to  the  title 
conveyed  by  such  deed  shall  be  rcpmed  to  prove,  m  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  assess- 
ments  had  been  pai.l,  that  the  said  land  had  never  been 
listed  or  assessed  for  taxation  or  assessment,  or    that  tie 
game  had  been  redeem.d  a.  cording  to  the  provisions  of  the 
act,  and  that  such  redemplion    was  made  lor  the  use  and 
brnefitof  the  persons  having  the  right  ot  redemption  under 
the  laws  of  the  state;  but  no  person  sha  1  be  l'«.';;"'^<;;   ^^ 
question  the  title  acquired  by  the  said  deed,  without    ..   t 
?l  owing  that  he,  she'or  they,  or  the  person  under  whomi 
:^^he'or  they  'claim  title,  had  title  to  the   and  at  the    . mo 
o:  the  sale,  or  that  the  title  was  obtained  Irom  the  Un.     d 
States  or  this  state   after  the  sale,  and  that  all  taxes  dut 
„,,on  the  lands  have  been  paid  by  such  persons  or  the  per- 
son  undtr  whom  he  claims  title  as  aforesaid. 


410  1857. 

Article  VII. — Miscellaneous  Provisions. 

§   1.     The  inhabitants  of  tlie   city  of  Cairo  are  hereby  Eiomption  from 
exempted  from  working  on  anyroad   beyond  the  limits  of  '"*'' ""~'- 
the  city,  and  from  payinj^  any  tax  to  procure  laborers  up- 
on the  same,  and   from  any  tax  for  county  purposes    upon 
property  within  the  city:   Pruvldid,   the   corj)oration  shall  p^vIio. 
support  and  provide  for  all  the  resident  paupers   of  said 
city,  and  pay  the  expenses  of  the  circuit  court  in  all  crimi- 
nal cases  arising  out  of  the  offences  of  any  citizen  of  said 
city,  as    also  jail    fees    which  may  accrue   therefrom,  viz: 
boarding  and  lodging  of  criminals,  or  charges  that  may  be 
just  and  equitable,  and  coroner's  inquests  within  the  city. 

§  -.     The  city  council  shall  cause  to  be  published,  an-  '"'>  p»''ii'>i»  an- 
nually, a  full  and  complete  statement  of  all  moneys  receiv-    ""^""^'•^'"«»»- 
ed  and  expended  by  the  corporation  during  the  ,>receding 
year,  and  on  what  account  received  and  expended. 

§  3.     All    ordinances    and    resolutions    passed    by    the  ordinaicw. 
president  and  trustees  of  the  town  of  Cairo  shall  remain  in 
full  force   until  the  same  shall  have  been  repealed   by  the 
city  council    hereby   created:  Provided^  no    contract  or  provi»^. 
agreement  shall  be  affected  thereby. 

§  4.     All    suits,    actions   and   prosecutions,    instituted,  suits  an Jaeiioni 
commenced  or  brought  by  the  corporation  hereby  created 
shall  be  instituted,  commenced  and  prosecuted  in  the  name 
of  the  city  of  Cairo. 

§   .).     All  actions,  fines,  penalties  and  forfeitures  which  Aecruranncsand 
have  accrued  to  the  president  and  trustees  of  the  town  of    p*""*"^"- 
Cairo  shall  be  vested   in  and  prosecuted  by  the  corpora- 
tion hereby  created. 

§  6.     All  property,    real  and  personal,  heretofore  be-  tuwn  paponr. 
longing  to  the  president  and  trustees  of  the  town  of  Cairo, 
for  the  use  of  the  said  inhabitants  of  the  said    town,  shall 
be  and  the  same  is  hereby   declared  to   be  vested   in   the 
corporation  hereby   created. 

§  T.     This    charter  shall  not   invalidate    any  kgal   act  Aocruod righn. 
done  by  the  president  and    trustees  of  the  town  of  Cairo, 
nor  divest  them  ot  any  light  which   may  have   accrued  to 
them  prior  to  the  passage  of  this  act. 

§  y.  Appeals  shall  be  allowed  from  the  decision  in  all  Appeals. 
cases  arising  under  the  provisions  of  this  act  or  any  ordi- 
nance passed  in  pursuance  thereof  to  the  court  of  common 
pleas  of  the  city  of  Cairo  or  the  circuit  court  of  Alexander 
county;  and  every  such  upptal  shall  be  taken  and  granted 
in  the  same  manner  and  like  effect  as  appeals  are  taken 
from  and  granted  by  justices  of  the  peace  to  the  circuit 
court  under  the  laws  of  this  state. 

§   l>.     This   act  is  hereby  declared  to  be  a  public    act,  Pubiiow*. 
and  may  be  read  in  evidence  in  all  courts  of  law  and  equity 
in  this  state,  without  proof. 


IS57.  420 

A.j:a«*:«4  5  10.  All  acts  or  parts  of  acts,  inconsistent  with  tlie 
1. revisions  of  this  charter,  arc,  so  far  as  tluy  conilict  with 
the  same,  hen  by  repealed. 

5i  11.     All  otiioers  of  the  city,  created   conservators  of 

u.. .  .  the  peace  by  this  act  or  luithorizeil  by  any  ordinance,  shall 
have  power  to  arrest  or  cause  to  be  arrf^ted,  with  or  with- 
out process,  all  persons  who  shall  break  the  peace  or 
threaten  to  break  the  peace  or  be  found  violatinu;  any  or- 
dinance of  the  city,  commit  for  examination,  and,  if  neces- 
sary, detain  sucli  }>erson  in  custody  ovcj  night,  or  the 
Sabbath,  in  tlie  watchliouse,  city  jail  or  other  safe  place 
or  until  they  can  be  brought  befoie  a  magistrate  ;  and  shall 
have  and  exercise  such  other  ])owers,  as  conservators  of 
tlie  peace,  as  the  city  council  may  prescribe. 

§  1-.  All  actions  brought  to  recover  any  penalty  or 
forfeiture  incurred  under  tliis  act  or  any  ordinance,  by-law 
or  police  regulation?  made  in  pursuance  thereof,  shall  bo 
brought  in  (he  corporate  name.  It  shall  be  lawful  to  de- 
clare, generally,  in  debt,  for  such  penalty,  fine  or  for- 
feiture, stating  the  clause  of  this  act  or  the  by-law  or  ordi- 
nance under  which  th«  penalty  or  forfeiture  is  claimed, 
and  to  give  the  s}>ecial  matter  in  evidence  under  it. 

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

ms*e«uoo  ^  1  L      Execution  may  be  issued   immediitely  on  rendi- 

tion of  judgment.  If  the  delendant  has  no  goods  or  chat- 
tels or  real  estate,  within  the  city  of  Cairo,  whereof  the 
judgment  can  be  collected,  the  defendant  may  be  confined 
in  the  rity  jail,  for  a  term  not  exceeding  six  months,  in  the 
discretion  of  the  court  rendering  judgment ;  and  all  per- 
sons who  may  be  commitlj*!  under  this  section  shall  bo 
confined  one  day  for  each  dollar  of  such  judgment  and 
costs.  All  expenses  inL-urred  in  prosecution  for  the  re- 
covcrv  of  any  fine,  penalty  or  forfeiture,  when  collected, 
shall  be  paid  into  the  city  treasury. 

rtM*  aAt  pf.      §  I'j.     Neither  the  city  council  nor  mayor  shall  remit 

■***••  any  fine  or  penalty  i»n|)osed   upon  any  person  for  a  \  iola- 

lion  of  any  laws  or  (/rdinances  of  said  city  or  release  from 
confinement,  unh  as  two-thirds  of  all  the  aldermen  elected 
ihall  vote  for  such  release  or  remission;  nor  shall  any- 
thing in  thii  act  Ije  so  construed  as  to  oust  any  court  of 
jurisdiction  to  abate  and  remove  nuisances  within  its  juris- 
diction, by  indictment  or  otherwise. 

%t^AMm0*uuf  §  l»i.  .Vo  vole  of  the  city  council  shall  be  recon^Nidcred 
or  rencinded  at  a  «j)frial  infcling,  nnl(?s9  the  meeting  bo 
called  in  whole  or  in  part  for  that  purpose  and  the  alder- 
meo  be  lo  notified,  and  unless  at  such  special  meeting  ther* 


421  1857. 

be  present  as  large  a  number  of  aldermen  as  was  present 
whfii  the  vote  was  taken. 

§  17.     No  person  sliall  be  an  incompetent  judge,  justice,  wim 
witness,  or  juror,  by  reason  ot"  his   being  an'inhabitant  or   •'"'^* 
freeholder  in  the  city  of  Cairo,  in  any  action  or  proceed- 
ing in  which  said  City  may  be  a  par^y  in  interest. 

§  18.     This  act  to  be  a  public  act,  and  sha'l  be  in  force 
from  and  after  its  passage. 

Approved  Feb.  11,  1857. 


fi-SCi 
rorn. 


AN  ACT  to  incorporate  the  German  Literary  ABsociation  of  the  city  and  Feb.  ii,  isa7. 
vicinity  of  Bearilstovvii. 

Section  1.  Be  it  enacted  h\j  the  people  af  the  state  of 
IlUniiia,  represented  in  tlie  General *''2sse7nf>/i/,T\ia.t  Chris- 
toj)her  PI.  C.  Ha\ekluft,  Frederick  Ehrhardt,  Frederick  Bn<iy  corporate 
Krohe,  Fredinand  Gibbers,  Alexander  Saramers,  Emil  Lip-  "'  p°""^- 
pert  and  Joseph  Strehlin,  tlieir  a!?sociates  and  successors, 
be  declared  and  constituted  a  body  corporate  and  politic, 
by  the  name  of  tlie  "German  Literary  Association  of  the 
city  and  vicinity  of  Beardstown,  Cass  county,  Illinois,"  and 
henceforth  shall  be  styled  and  known  by  that  name;  and 
[by]  that  style  and  name  shall  remain  and  have  succession, 
for  seventy- five  years,  with  power  in  and  by  such  name 
to  sue  and  be  sued,  plead  and  be  impleaded,  prosecute  ^'^^•'^^^^  rov:e:e. 
and  defend,  in  all  manner  of  actions,  at  law  or  in  equity, 
in  all  courts  whatsoever  and  in  all  matters  and  places 
where  legal  and  equitable  proceedings  are  had,  and,  if 
necessary,  to  sign,  execute  and  deliver,  by  the  president 
and  secretary  of  said  association  for  the  time  being,  under 
the  seal  thereof,  all  arbitration  and  other  bond,  in  obtain- 
ing tlie  legal  rights  and  advancing  the  interest  of  said  as- 
sociation; and  also,  in  and  by  such  name  to  acquire,  pur- 
chase, hold,  grant,  bargain,  sell,  alien  and  convey  any 
j>roperty,  whether  real,  personal  or  nixed;  and  to  pur-  Pnpor'r. 
chase  book«;  to  loan  the  money  and  funds  of  said  society, 
and  take  promi<?S()ry  notes,  bond.?,  mortgages,  or  other  evi- 
dence of  indebtedness  for  the  money  or  funds  so  loaned; 
and  to  have  and  use  a  common  seal,  and  to  alter  the  same 
at  pleasure;  and  to  m«ke,  from  time  to  lime,  to  alter,  as 
they  may  deem  j 'roper  and  expedient,  a  constitution  and  CnxtimtjoDaBi 
by-law?  for  said  association;  the  time  of  election  and  man-  '''"''"*■*' 
ner  thereof  for  the  officers  of  said  association  and  the  num- 
ber and  duties  of  such  officers,  and,  generally,  such  other 
pro\isions,  for  the  good  govermmt  and  existence  of  stich 
association,  as  a  majority  of  the  members  present  may  de- 


rt. «.<»>-  terminr:    Ptvi  iJhiy  such  constitution  and  by-laws  of  said 

assoi'intion  shall  not  conlliot  witli  the  constituti'Mi  ami  laws 
ol"  the  TnitPil  States  or  ol  this  state;  which  said  constitu- 
tion and  by  laws  of  said  association,  when  recorded  in  the 
rocord>  of  said  association,  shall  be  in  lull  force,  and,  on 
the  production  and  proof  of  such  record  shall  be  received  as 
evidence  of  the  facts  therein  stated,  in  all  courts  of  justice, 
and  upon  all  lawful  occasions. 

Uftiuu.c.  ^   2.     The  said  corporation,  shall  not,  at  any  one  time, 

hoKl  personal  |>ropt  rty  to  a  nreater  amount  than  one  hun- 
dred thotisand  ilollais,  uor  real  estate  to  a  i^reater  amount 
than  fifty  thousand  dollars;  and  the  personal  property  be- 
longing to  said  association  shall  not  be  appropriated  other- 
wise than  for  the  benefit  of  said  association,  the  improve- 
ment of  its  real  estate,  and  to  such  literajy  and  other  pur- 
poses, and  in  such  manner,  as  shall  be  declared,  ])rovided 
for  and  directed  in  the  constitution  or  by-laws  hereinbe- 
fore authorized  to  be  made. 

ocva.  §   ."'.     The  office  and  meetings  of  said  association  shall 

be  kept  and  held  in  the  city  of  lleardstown. 

o^mx.  §  4.     The  object  of  this  corporation  is  hereby  declared 

to  be  tit  unite  Germans,  of  all  creeds  and  classes,  in  a  litera- 
ry bond  of  brotherhood  and  u.utual  friendship,  in  the  j)ur- 
suits  of  science  and  literature. 

§   ■'».     This  act  shall  be  deemed  a  public  act,  and  shall 
be  in  force,  for  the  term  of  seventy- five  years,   after  the 
passage  and   approval. 
Approved  Feb.  11,  lsr»7. 


Pi*  11,1867.       ;^x  ACTrhnrcii'K  iKo  nam#  »f  llir  nnpUMt  Clinicli  aiui  Society  of  Somo- 
nauKto  tbiit  of  tli**  Firit  Baptist  Cfmrch  and  Society  of  Satidwich. 

Section  1.      /ic  it  en<irlril  hy  thr  j^rople  of  thr  stale  of 
It/iinjvif  rrprrsniJcd  in  llir   (Jnnral  t^ssr?nh/>/,   That  the 

f»»r  :    !!!••  of   tin-   ror)'(tration   heretofore  incorporated   in  the 

<  '  iiity  of  I)e  Kftib,  under  the  provisions  of  the  general 
law  for  the  incorporation  of  religimis  societi*  s,  and  known 
in  law  by  the  corjiorate  name  of  "The  IJaplist  Church  and 
Socii'ly  of  Somonatik,"  be  changed  to  that  of  the  •'First 
Haptiiit  Church  and  Society  of  Sandwich;"  and  by  such 
corporate  name  "(hall  herrafter  ha\  e  and  exercise  all  tho 
corporate  ri;,'Iit',  finrj  privileges  Cf)nferri"tl  upon  religious 
■ofM-tied  injorporat*'!  under  the  provisions  of  the  general 
law  for  the  incorporation  of  religious  societies. 

p"»^<f. ik«.  5  2.     All  prop»*rty  or  righti  of  property,  now  held  or 

vcitcd  in  the  trustees  of  tlur  said   IJaptist  ('hitrch  and  So- 


423  1857. 

ciety  of  Somonauk,  slial)  imiie  to  and  be  vested  in  tlic 
trustees  of  the  said  First  Ba|itist  Church  ;ind  Society  of 
Sandwich;  and  all  contracts  entered  into  by  and  all  actions 
and  rights  of  actions,  legal  or  etjuitahK-,  accruing  to  or  ex- 
isting against  the  trustees  of  said  IJaptist  ."^ociety  of  So- 
monauk shall  remain  in  fi:Il  force  and  may  he  eiiforced  by 
or  against  the  trustees  of  the  said  First  Baptist  Church 
and  Society  of  Sandwich. 

§  o.  All  by-laws,  rules  or  regulations  of  Ihe  said  Bap-  By-i.iwpanir» 
tist  Church  and  Society  of  Somonauk,  now  in  force,  shall 
be  binding  upon  the  said  First  Baptist  Church  of  Sand- 
wich, until  repealed,  altered  or  amendrd;  and  all  the  offi- 
cers of  said  church  and  society,  first  aforesaid,  shall  con- 
tinue in  office,  as  officers  of  the  First  Baptist  Churcli  and 
Society  of  Sandwich,  until  their  successors  are  elected 
and  qualified. 

§  o.  This  act  shall  be  deemed  and  held  to  be  a  public 
act,  and  liberally  construed  for  carrying  otit  the  objects 
thereof,  in  all  courts  and  places,  and  shall  be  in  force 
from  and  after  its  passage.  , 

Approved  Feb.  11,  1857. 


AN  ACT  to  incorporate  the  Lac  n  Hotel  Company.  Fe''  li,  1837. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  %>^ssc7nhlij^  I'hat  all 
such  persons  as  shall  hereafter  become  subscribers  to  the  Body  corporate 
stock  hereafter  described  shall  be  and  they  are  hereby  "''  •'*^""^' 
constituted  and  declared  a  body  corporate  and  politic,  by 
the  name  and  style  of  "The  Lacon  Hotel  Company,"  from 
and  after  the  passage  of  this  act ;  and  by  that  name  they 
and  their  successors  shall  have  succession,  and  shall  be,  in 
law,  capable  of  suing  and  being  sued,  pleading  and  be  im- 
pleaded, in  all  courts  and  places  whatsoever;  may  have  a 
common  seal,  and  alter  the  same  at  pleasure  ;  and  they 
and  their  successors  may,  also,  by  that  name  and  style,  be 
capable,  in  law,  of  nurchasing,  holding  and  conveying  such 
real  and  personal  estate  as  may  be  necessary  to  effect  the 
objects  of  this  act  of  incorj)oration. 

§  -.  The  said  company,  hereby  incorporated,  shall ''•"^''^'obuiw « 
have  power  to  erect  a  hotel,  in  the  city  of  Lacon,  Illinois, 
and  to  use  such  powers  and  privileges,  in  the  erection  and 
management  of  said  hotel,  not  incon><istent  with  the  laws 
of  this  state,  as  may  be  considered  to  the  interests  of  said 
company. 


lSo7.  424 

^  3.  John  Kelsey,  Samuel  Thompson,  William  Fisher, 
William  Fenn  and  Siltts  Ramsey,  of  the  city  ot  Lacon,  are 
Iierehy  appointed  comiuissinners  to  obtain  subscriptions. 
At'er  givii-c;  ten  days'  notice,  in  some  newspujier  in  said 
city,  may  open  books  for  the  subscription  of  said  stock,  at 
such  times  and  places  as  they  may  direct;  which  said 
stock  shall  be  divided  into  shares  of  fifty  dollars  each,  and 
shall  require  of  any  subscriber,  at  the  time  of  subscribincj, 
to  pay  to  said  con  missioners  five  per  cent,  on  the  amount 
by  them  subscribed.  And  when  such  subscription  shall 
;iraount  to  ten  thousand  dollars  said  commissioners  shall 
call  a  meeting  of  said  stockholders,  at  Lacon,  after  giving 
notice  to  each  stockholder. 

p.f«««r*.  ^  4.     At  said  meeting  the  stockholders  of  said  company 

shall,  proceed  to  elect  five  directors,  who  shall  manage, 
dir»  ct  and  go\ern  the  alVairs  of  said  company  one  year, 
from  the  period  of  their  election,  and  until  their  succes- 
sors are  elected  and  qualified.  And  at  every  election 
each  stockholder  shall  be  entitled  to  one  vote  for  each 
share  he  may  hold  ;  aii'l  a  majority  of  all  the  votes  given 
shall  be  required  to  make  an  election.  The  period  of 
election  ol  directors,  as  aforesaid,  shall  be  held  annually, 
on  the  first  Monday  of  the  month  in  which  the  first  elec- 
tion shall  be  held,  unless  changed  by  a  vote  of  the  stock- 
holders, at  an  annual  meeting,  or  otherwise  provided  for 
or  changed  by  the  by-laws  of  the  company. 

Mtci.Bc  «f  a-  ^  5.  Within  ten  days  alter  the  directors  are  chosen,  as 
aforesaid,  they  sh:ill  hold  a  meeting,  at  which  and  at  all 
8u'  sequent  mi-etings  of  said  board,  a  majority  of  the  di- 
rectors shall  constitute  a  quorum  to  do  business  ;  and  they 

(  r  cr.  shall  proceed  to  the  election  of  a  president  from  their  own 

body  ;  a  secretary,  who  shall  be  sworn  before  some  justice 
of  the  peace  to  tin-  faithful  discharge  of  his  dutv,  and  who 
i>ltall  record  allvf)tes  and  acts  ot  the  coi  j)oi  ation  in  a  bo<'k 
kej)t  by  him  for  that  purpose,  who  shall  give  bond  to  such 
an  amount  and  in  such  manner  as  said  ])resident  and  di- 
rectors aliaU  direct  ;  they  shall  also  ajqxtint  a  treasurer, 
who  shall,  in  like  manner,  give  bond,  and  keep  a  record  of 
his  proceedings;  which  said  bonds  may  hi;  sued  upon,  in 
the  name  of  the  compan),  for  any  I  nach  thereof,  in  any 
court  having  juri.«jdiction  ;  and  the  said  hoard  shall  appoint 
all  other  ofllcers  and  agents  as  to  them  shall  seem  nuces- 
fary. 

Ci^uiiu^.  §  0.     Th»'   capital  stock  of  said  company  shall   not  ex- 

ceed fifty  thousand  dollars. 

§  7.  The  said  (  orjioration  shall  have  power  to  ])ur- 
rhi»'»-  ai»d  hold  real  estate  that  may  be  necessarj  lor  the 
cr«clir»n  of  tluir  said  holil  and  all  necessary  out  buildings 
and  st«bling,  'o  a.<i  to  make  a  first  class  hotel. 


••ut*. 


425  1857. 

§  8.  The  corporation  sliall  have  power  to  call  in  suc^i  Caiison  BUKk. 
portion  of  the  slock  subscribed  every  thirty  days,  as  they 
may  tliink  proper,  to  be  ])aid  at  sucli  time  and  place  as 
they  may  designate,  by  giving  twenty  days'  notice  to  eacli 
stockholder,  in  writing,  or  publishing  the  same  in  some 
newspaper  in  said  city,  in  vhich  shall  be  specified  the 
amount  required  on  each  share,  and  the  time  and  ]»lace  of 
payment ;  and  if  any  stockhoMer  shall  neglect  or  refuse  to 
pay  such  call  within  twenty  days  after  the  time  nanud  for 
Buch  payment,  the  corporation  may  biing  suit  against 
any  delinquent  for  the  amount  due  and  called  for,  in  any 
court  of  comj  e-tent  jurisdiction,  and  recover  the  same, 
with  two  per  cent,  interest  per  month;  and  if  the  amount 
cannot  he  made  on  execution,  or  if  said  delinquent  is  out 
of  the  state,  or  if  said  company,  by  their  board  of  directors 
choose,  then  the  said  corporation  may,  by  an  order  on 
their  books,  declare  said  stock  forfeited  to  the  com|)any, 
with  whatever  amount  may  have  been  paid  thereon  ;  and 
such  delinquent  shall  forfeit  all  his  rights  as  a  stockholder. 

§  0.  The  said  jtresident  and  directors  shall  have  power  nmefand  rcin- 
to  make  out  and  establish  all  such  by-laws,  rules  aiid  reg- 
ulations as  shall  be  necessary,  and  not  inconsistent  with 
the  laws  of  this  statp,  which  may  be  necessary  for  the  pay- 
ment or  collection  of  the  subscription  to  this  stock  or  the 
transfer  of  the  same  and  of  property  that  may  in  any  way 
concern  the  management  and  direction  of  the  affairs  of  said 
company. 

§  10.  Tiie  said  company  may,  at  any  time  after  its  DiesoinUon. 
organization,  become  di.^solved,  by  a  vote  of  a  majority  of 
all  the  stuckiiolders  ;  which  said  vote  shall  be  certified  to 
by  the  president  and  secretary  ot  said  company,  ;.nd  re- 
corded in  the  recorder's  office  of  Marshall  county.  And 
if  such  vote  should  be  so  taken  and  recorded  the  said 
company  shall  have  power  to  sell  all  the  real  estate  they 
may  hold,  in  such  manner  as  they  may,  by  their  directors 
Dame,  and  to  convey  the  same,  so  as  fully  to  vest  the  title 
thereto  in  the  purchaser  or  purchasers. 

§  11.     This  act  is  hereSy  declared  a  public  act,  and  Pnbiicact. 
sliall  be  construed  favorably,  in  all  courts,  and  shall  be  in 
force  from  and  after  its  passage,  until  a  majority  of  all  the 
stockholders  shall,  at  an  anraial  mteting,  vote  for  a  disso- 
lution. 

Approved  Feb.  11,  1857. 


1S57.  1:^6 


r«»  II,  isn.  AN*  ACT  to  Incorporate  the  Pforia  City  Hyilraulic  Company. 

Skction  1.  Be  it  enacted  by  the  people  of  the  sf.:fe  of 
IlfinoLtf  represented  in  the  Genera/  ^isaemh/i/^  That  .I.)hn 
*^  Hamlin,  Jolin  Anderson,  N.  B.  Curtis,  John  John>=on, 
James  Dougherty,  Horace  Ander55on,  John  T.  Liixlsny, 
Isaae  Umlerhill,  of  Peoria  coiu.ty,  their  Iieirs  and  assipjns, 
be  and  thoy  are  hereby  constituted  a  body  politic  and  cor- 
porate, under  the  name  and  style  of  "The  Peoria  City 
Hydraulic  Company;"  and  by  that  name  and  style  they 
and  their  successors  shall,  in  law,  be  capable  of  suing  pnd 
beinj;  sued,  plead  and  beinp;  imj^leaded,  in  all  places  what- 
soever; may  have  a  common  seal  and  alter  the  same  at 
pleasure;  they  shall  be  capable,  in  law,  of  purchasing 
and  holding  real  estate,  and  conveying  the  same,  for 
the  uses  and  purposes  of  the  said  incorporation  ;  which 
real  estate  shall  not  exceed  in  value  the  sum  of  fifty  thou- 
sand dollars,  whicli   shall  only  be  for   the   necessary  pur- 

os.-en.  poses  of  currying  on  the  business  ot  said  comj)an)'.  The  offi- 

cers of  said  company  sliall  consist  of  a  president,  treasu- 
rer, and  seven  directors,  each  of  whom  shall  be  stockhold- 
ers in  said  company,  and  the  president  and  treasurer  shall 
each  be  one  of  the  seven  directors  aforesaid,  who  shall  be 
annually  chosen,  on  the  first  day  of  April  of  each  and  every 
year,  in  such  manner  as  the  stockholders  may  direct;  and 

rif»t  oe5»»r..  for  the  first  year  John  Hamlin  shall  be  president;  John  T. 
Lindsiy,  secretary;  John  Anderson,  N.  li.  Curtis,  John 
Johnson,  Hiram  Anderson,  James  Dougherty,  Isaac  Un- 
derhill,  John  D.  Arnold,  directors  of  said  company;  and  a 
raaj  )rity  of  said  board  of  directors  shall  constitute  a  quo- 
rum for  the  transaction  of  business. 

c»»4ui  iiock.  §   '-'•     Tliat  the  capital  stock  of  said  company  shall  con- 

sist of  two  hundred  and  fifty  th«>\isaiid  dollars,  with  the 
privilege  of  increasing  the  same  to  five  hundred  thousand 
dollarr;  and  the  whole  of  said  stock  maybe  taken  in  equal 
amounts,  by  the  individuals  who  are  hereby  incorporated, 
or,  at  their  oj)tion,  they  may  divide  the  same  into  shares  of 
fifty  dollars  each,  and  sell  llie  same  in  such  manner  as  they 
may  deem  most  advisable  for  the  it»terests  of  sai<l  company, 
for  the  promotion  of  the  objects  of  said  incorporation;  and 
the  the  piirchas'^rs  of  said  stock  shall  there\ip(ui  become 
storkholdrrs  of  the  said  company  and  entitled  to  \'(»te  in  all 
ircititigs  of  the  said  stockholders,  in  maniier  pro])ortion- 
cd  to  th»Mr  respective  interests  and  agreeable  tu  ihe  rules 
and  regulations  of  the  said  comj>any. 

r-mirn.  §   '.',.     Tiie  president  shall  prcrside  at  all  meetings  of  the 

board  of  stockholders,  and  in  case  of  a  tie  shall  give  a  cast- 
ing vote,  and  in  his  absence  a  president  //ro  tan.  may  be 
elected. 


427  1857. 


Troasurtr. 


c.  n- 
■walsr 


§  4.  Tlie  treasurer  shall  record,  in  a  book  for  that  pur- 
pose provided,  all  acts  and  doings  of  the  board  of  direct- 
ors and  st«)cklm!ders.  He  shall  give  ct-rtificatcs  of  stock 
to  each  of  thf  stockholders;  which  shall  he  countersigned 
by  the  j)residont,  and  shall  not  be  transferable,  except  upon 
the  books  of  the  company.  lie  shall  take  and  sub5cribe 
an  oath  tojK'rform  all  his  duties  with  fidelity,  and  shall  give 
bond  and  security  for  the  faithful  perlorinance  of  all  the  du- 
ties reqiiiiedby  the  rules,  by-laws  and  ordinances  of  the  said 
company.  Each  of  th*>  above  naineil  stockholders  shall,  at  the  "*=  °" 
tim.  of  subscribing  his  share  of  the  stock,  (if  all  the  stock  is 
taken  hy  the  individuals  above  incorporated,)  pay  into^  the 
handgofthe  treasurer  the  sum  of  five  dollars,  and  the  residue 
thereof  at  such  times  and  in  such  sums  as  may  be  needed 
for  the  prosecution  and  completion  of  the  works  hereinaf- 
ter nuMitioned;  and  said  stock  shall  be  sold  in  shares  of 
fifty  dollars;  tlien  each  shareiiolder  shall  pay  the  sum  of 
five  dollars  on  each  and  every  share  by  him  taken,  at  the 
time  of  subscribing,  and  the  residue  thereof  in  such  man- 
ner as  hereinbefore  stated. 

§  5.  The  said  company,  hereby  incorporated,  shall  p;^^^^^^  ^'^ 
have  full  and  exclusive  power  and  authority  to  erect  and  works. 
construct  water  works  for  the  convenience  and  accom- 
modation of  the  public,  witliin  the  incorporated  limits  of 
the  town  of  Peoria,  for  and  during  the  period  of  fifty  years, 
and  to  conduct  the  same  in  iron,  leaden  or  other  aque- 
ducts, from  any  point  of  the  Illinois  river  or  Lake  Peoria, 
within  two  miles  of  the  corporate  limits  of  said  city,  pay- 
ing to  the  owner  or  owners  of  any  lands  through  or  across 
wliich  they  may  conduct  said  water  a  reasonable  compen- 
sation for  all  damages  by  them  sustained;  and  in  case  they 
cannot  agree  with  the  owners  of  such  lands  as  to  the 
amount  of  said  damages  the  same  shall  be  determined  in 
the  manner  ])rescribed  by  the  laws  of  Illinois  forsecuriag 
the  right  of  way. 

§  0.  Tlie  said  company  shall  have  full  and  exclusive  ^^.^f//*;^^^'^ 
power  and  authority  to  conduct  the  said  water,  in  aque-  ducts. 
ducts,  as  aforesaid,  along  any  of  the  streets,  alleys,  and 
highways  of  the  city  of  Peoria,  and  within  the  incorpora- 
ted limits  thereof,  doing  as  little  damage  as  possible  to 
gtretts,  alleys  and  highways,  for  time  being,  and  as  soon 
as  practicable  shall  repair  and  place  the  same  in  as  good 
condition  as  they  were  bi  fore;  and  shall  also  have  the  like 
]iower  and  authority  to  build  and  erect  I  ydrants,  reser- 
voirs, in  such  manner,  and  at  such  places  as  shall  best  ac- 
commodate those  desirous  of  using  said  water,  and  with 
the  least   inconvenience  to  the  ])ublic. 

5   7.     The  said  comiianv  shall  also  have  the  like  power  Power  to  rent  or 

3  ,        .  '     ,   -'  ,,  .  ,  .  1  ii  •    •       Ipa^o  water  prk- 

and  authority  to  rent  or  lease  the  said  water  and  tlie  privi-  viiegc. 
lege  thereof  to  any  and  all  persons  whatever,  upon  such 


1857.  428 

terms,  conlitions  and  times,  as  the  said  company  and  such 
persons  can  :ii;rrc  upon,  raakinsj  the  same  as  nearly  t<iual 
t.i  all  persons  as  the  cirouni<t;inces  of  the  case  \vill  per- 
mit, and  upon  such  terms  and  eonditions  that  the  }(  arly 
profi's  of  said  company,  deducting  all  expenses,  shall  in 
no  case  exceed  the  sum  of  fifty  per  cent,  on  the  capital 
stock  acttialiy  paid  in. 

5  '^^     The  said  company  shall  commence  the  construc- 

^•v.k,!  tiun  of  the  said  w.iter  works  as  early  as  one  year  from  the 

passage  of  this  act,  and  shall  Si>  far  complete  the  same  as 
to  have  the  v/ater  ready  to  he  delivered  in  the  said  city  of 
Peoria  within  three  years  from  the  passage  of  this  act,  and 
when  work  is  completed  sliall  at  all  times  keep  in  the  reser- 
v.>ir  a  full  suj);  ly  of  water. 
'mS^^r*«-"^n       §  •^'     The  j)ri^ptrty  of  said  company  shall  forever  remain 

kr***"-*  r.  frop  from  taxation  hy  the  city  of  Peoria;  and  in  consiileru- 
tion  of  said  relinquishment  of  all  taxes  hy  said  city,  the 
said  company  shall  at  all  times  afford  to  the- said  city  of 
Peoria  or  other  constituted  aiithorities  of  said  city,  inclu- 
ding all  fire  companies  in  said  city,  the  use,  free  of  charge 
cr  claim,  of  any  and  all  the  waters  so  hy  them  conveyed 
into  the  city  of  Peoria,  for  the  purpose  of  extinguishing  fires 
or  f)r  the  convenience  and  use  of  fire  companies,  together 
with  all  reasonable  accef^s  to  the  samt  by  said  authorities 
or  companies,  or  individuals  acting  under  and  hy  authority 
of  said  city,  or  by  their  order  or  directions,  to  any  or  all 
the  hydrant?  and  reservoirs  belonging  to  said  company, 
for  thp  purposes  as  aforesaid,  so  as  not  to  damage  or  in- 
jure the  works  of  said  company.  And  the  said  company 
shall  plnce,  at  tln'ir  expense,  one  fun  plug  in  each  block, 
as  the  pipes  are  extended,  and  to  sueh  othi^rs  at  cost  of  the 
said  city,  whenever  directed  by  the  city  council  of  said  city 
so  to  do. 

b«*.  5  10.     The  said   company  shall,  at  all    times    and  in  all 

ca^e«,  have  a  lien  for  the  contract  prices  for  fnrniihing 
water  t )  any  house  or  building,  a^  against  the  right  of  any 
person  contr<icting  with  suc^h  company  or  such  house  or 
building,  or  the  lot  uj)on  wliieh  house  or  building  may 
itand,  from  the  time  such  water  retit  may  be  due  and  J'ay- 
able  ;  which  lien  may  be  enforced  by  filing  an  account  in 
the  county  court  of  Peoria  county,  and  cau^iing  the  party 
indebted  to  be  summonfiJ,  as  in  otiur  cas<'3  of  account, 
before  justices  of  the  peace.  After  obtaining  a  judgment 
thereon  the  said  company  shall  be  entitled  to  a  special  ex- 
ecution, refjuiring  a  sale  of  the  ])r«Mni-<es  on  which  said 
lien  may  exist,  f^r  the  sati«»fHction  of  said  judgnw-nt,  with- 
out any  formality  in  pleading-t ;  which  j)roce«.dings  shall 
not  afT'jcl  tli«!  ri;{hls  of  a  prior  incumbrance. 

V»wfV  *^^**      5  11.     The  said    company   shall   have   authority,   from 

tim'*  to  timf*,  ti  nppo'iut  sikiIi  officers,  not   herein  named, 

and  to  pass  and  enact  such  by-laws,  rules  and  regulations 


429  •  1857. 

not  inconsistent  with  the  constitution  and  laws  of  the 
United  States  or  of  this  state,  as  they  may  deem  advisable 
and  proper  for  their  benefit  and  government. 

§  12.  In  case  it  shall  so  happen  that  at  any  time  tlie  F.iiuroio  eioit 
officers  of  said  corporation  or  any  of  tliem  shall  not  be  '''"•®"* 
elected  on  tlie  day  appointed  for  their  said  election  the 
corporation  shall  not  for  that  reason  he  dissolved,  but  the 
said  election,  on  reasonable  notice  being  given,  which  shall 
not  be  less  than  fourweeks,  to  be  published  in  some  news- 
paper published  in  Peoria,  can  be  iield  at  some  other  time 
fur  said  officers  ;  and  in  the  meantime  those  in  office  shall 
hold  over  until  their  successors  shall  be  duly  elected  and 
qualified. 

§  10.  If  any  person  or  persons  shall,  at  any  time,  during  injury. 
the  progress  of  said  work  or  of  the  charter  lierein  granted, 
willfully  or  maliciously  injure  any  pait  or  portion  of  the 
said  water  works  or  the  appurtenances  thereunto  belong- 
ing,'he,  she  or  they,  so  offending,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  siiall  be  liable  to  an  indictment  in 
circuit  court  of  Peoria  county  for  the  same,  and  on  con- 
viction shall  be  fined  in  a  sum  not  exceeding  one  thousand 
dollars,  imprisonment  not  exceeding  six  months  in  the 
county  jail  of  said  county,  and  shall,  moreover,  pay  to  the 
said  company  damages  for  all  the  damages  they  may  have 
sustained  thereby. 

§  14.  If  any  stockholder  or  subscriber  to  stock  in  said  reiinqnenittoek 
company  shall,  for  the  sjjace  of  sixty  days,  neglect  or  re- 
fuse, after  being  duly  notified  for  that  purpose,  to  pay  in 
any  installment  due  from  him  for  such  stock,  in  manner 
directed  and  required  by  the  board  of  directors,  the  said 
board  shall  be  authorized  to  declare  his  said  stock  for- 
feited to  said  company,  and  may  proceed  ^o  sell  the  same 
at  public  auction,  to  the  highest  and  best  bidder  for  cash  ; 
the  purchaser  whereof  shall  be  liable  to  pay  the  balance 
due  upon  sub  cription  in  the  same  manner  as  the  original 
stockholder  would  have  been  liable  tiierefor. 

5  1-3.     The   majority  of  the  directors  of  said   company  Qnaiineation  ot 

-I      11   U  -i-  i'  ii  •.  r  r»  •  directors. 

snail  be  citizens  oi  tlie  city  of  Peoria. 

§  16.  The  city  of  Peoria  shall,  at  all  times,  have  the  city  may  puf- 
right  and  privileges  to  purchase  all  the  stock  of  said  com-  ^  *"  ' 
pany  or  a  less  amount,  if  she  may  so  desire,  by  paying  to 
tlie  owner  or  owners  thereof  the  actual  cost  of  the  same, 
with  the  interest,  not  to  exceed  12  per  cent,  per  annum, 
from  the  time  said  money  is  so  expended  until  the  same  is 
actually  paid  for;  and  the  said  company,  for  said  purpose, 
shall  keep  a  correct  and  just  account  of  all  expenditures 
of  moneys,  bonds  or  obligations  for  the  payment  of  money, 
used  in  the  construction  of  said  work  ;  and  in  case  the  said 
city  of  Peoria  concludes,  at  any  time,  to  purchase  said 
works,  the  actual  cost  shall  be  determined  by  three  com- 


1S57.  430 

missioncrs,  one  solocted  bj-  the  company,  one  by  the  city 
of  Ptoria,  they  to  choose  a  third. 

^  17.  This  act  sliall  be  taken  and  considered  a  public 
•ct,  !ind  shall  be  in  force  from  and  after  its  passage. 

AiTRovED  Feb.  11,1857. 


r<*  ll,lS5i.       AN   ACr  to  amo!i.i  *•  An  act  to  incorporate  the  IJollcvillo  ami  FaiifioM 
UailroaJ  Company,"  and  to  change  its  name. 


MiB«  duagck!. 


Section  1.  lie  it  enacted  by  the  people  of  the  state  of 
llliuoisy  represented  in  the  (leneral  *lsscnd)hj^  That  the 
name  i>f  said  railroad  company  be  and  the  same  is  hereby 
changed  to  "  The  Saint  Louis  and  Louis\ille  Railroad 
Company  ;"  and  by  that  name  and  style  shall  it  here- 
after be  known  and  designated.  All  the  rights,  powers, 
privileges  and  proj>erty  belonging  or  appertaining  to  said 
liclleville  and  FairheKl  Railroad  Company  may  be  trans- 
ferred to  the  said  Saint  Louis  and  iiouisville  Railroad 
Company,  by  a  resolution  of  the  commissioners  or  direc- 
tors of  said  lirst  named  company — the  assent  thereto  of  a 
majority  of  the  stockholders  of  said  company  being  first 
obtained. 

^  '■       ^   "-•     That  Ilonry  CJodcking,  Edward  Titman,  James  L. 

D.  Morrison,  William  Kinney,  John  Moss,  Russell  Hinck- 
ley, .\hxander  1).  Hay,  Demsey  Kennedy,  El/ey  Z.  Cof- 
fey, James  .NL  Lucas,  l  houias  AL  Casey,  /adoc  Casey, 
Harvey  J.  Pace,  Edward  Bonham,  Daniel  Tur.aey,  John 
Keen,  John  Moore,  William  Pickering,  William  Runin, 
Charles  Schofield,  C.  O.  1{.  (Jofonh,  James  11.  P.eall,  Hi- 
ram  IJell,  Amos  Watts,  John  D.  Wood  and  William  M. 
Phillip",  be  and  are  hereby  appointed  commissioners  for 
the  purpose  of  opening  books  to  obtain  subscription  to 
the  capita.'  stock  of  said  company  ;  which  commissioners 
shall  have  the  same  power  as  the  commissioners  named  in 

Fr»«.*>.  ti,,.  original  act,  to  which  this  is  an  amendment:   Proi'idrd^ 

that  a<  soon  as  one  hundred  thousand  dollars  of  bono  fide 
!iub"»cr»ption  to  the  capital  stock  of  said  company  shall  be 
made  and  five  per  cent,  thereon  i)aid  in,  it  shall  be  law- 
ful for  uaid  company  to  commence  the  construction  of  said 
road. 

jtet««t  ofm»i.  §  •"•'  The  railroad  herein  proposed  to  Ix;  built  shall 
extend  from  the  west  bfliik  of  lUoofly  Island,  o])j)osito 
Saint  Lotiif,  in  the  state  of  Missouri,  to  JefFersonvilh',  in 
tlic  state  f»f  Indiana.  Said  comj)any  may  consolidate  orunito 
witii  any  other  road  or  roads,  by  a  resolution  of  the  stock- 
liolder.«r  and  directors  of  the  railroad  comjianies  so  wishing 


#**)fl)ti;«9. 


431  1857. 

to  consolidate,  and  rway,  by  such  resolutions,  transfer  all 
tlieir  interest  in  or  claims  to  any  projif^rty,  wlietlu  r  real 
or  personal,  or  to  any  franchise  or  privileges  whate\er, 
and  such  road  or  roads,  so  consolidutine;,  shall  be  merged 
in  the  said  Saint  Louis  and  Louisville  Railroad  Company. 

§  4.  Any  donations  ot  lands  which  has  heretofore  been  DonatioD*. 
made  by  the  county  of  Jefferson  to  the  Mount  Vernon  Rail- 
road Company  is  hereby  confirmed;  and  said  company  is 
hereby  authorized,  by  a  resolution  of  the  stockholders  and 
directors  of  said  company,  to  transfer  to  said  Saint  Louis 
and  Louisville  Railroad  Company  all  the  lands,  privileges, 
powers,  charter  and  rights  of  every  kind,  which  tliey  may. 
nave  or  to  which,  under  their  charter  or  in  any  other  man- 
ner, they  may  be  entitled.  The  vote  heretofore  taken  in 
Wayne  county  to  donate  the  swampland  of  said  county  to 
the  Belleville  and  Fairfield  Railroad  Company  and  Alton, 
Mt.  Carmel  and  New  Albany  Railroad  Company,  and  the 
conveyance  of  said  land  by  the  county  court  of  said  coun- 
ty, in  trust  for  the  use  of  said  last  mentioned  railroad 
companies,  be  and  the  same  arc  hereby  declared  to  be  le- 

§al  and  valid;  and  the  stockholders  and  commissioners  or 
irectors  of  said  companies  shall  have  full  power  and  au- 
thority to  convey  said  lands,  by  resolution,  to  said  Saint 
Louis  and  Louisville  Railroad  Company;  and  for  that  pur- 
pose any  five  of  said  commissioners  or  directors  shall  con- 
stitute a  quorum  ;  and  to  more  fully  carry  out  the  objects 
of  said  conveyance  the  county  court  of  Wayne  county  are 
authorized  to  extend  the  time  for  commencing  said  road 
tliree  years  from  the  time  when  said  deed  of  trust  would 
expire. 

§  5.  Each  county  through  which  said  road  ruus  may  swau>p )ar.<i». 
donate  the  swamp  lands  of  such  county,  or  the  proceeds 
thereof,  where  the  lands  have  been  sold,  to  said  Saint 
Louis  and  Louisville  Railroad  Company,  on  such  terms  as 
tlie  county  courts  of  such  counties  may  prescribe;  such 
counties  may,  also,  siibscribe  to  the  capital  stock  of  ?aid 
road  an  amount  not  exceeding  one  hundred  thousand  dol- 
lars, and  may  issue  bonds  therefor,  or  may  levy  and  collect 
a  tax  to  pay  the  installments  on  such  subscription  ;  and 
fliould  a  tax  be  levied  for  that  purpose,  each  person  pay- 
ing such  tax  shall  receive  a  certificate  for  the  amount 
paid,  which  shall  be  deemed  and  held  as  so  much  stock 
in  said  company:  Pruvidcdj  that  no  donation  of  said  hmds  provifo. 
or  subscription  of  stock  shall  be  made  by  said  counties, 
or  either  of  tliem,  until  after  an  election  is  held  in  said 
counties,  or  such  of  them  as  propose  making  such  dona- 
tion or  subscription;  and  for  that  purpose,  the  county 
courts  of  said  counties,  may,  either  at  a  regular  or 
special  term  of  said  courts,  order  an  election  to  be 
held,  and  specifying  the   lengths  of  notice  to  be   given, 


1S57.  432 

onJ  if,  at  such  cloction,  n  nmjority  o(  the  votes  given  bo 
iu  f.ivor  of  the   county  making  such  tlonation,  or  subscri- 
bing   to    the   capital    stock  of   said  road,  then  the    said 
county  courts  shall  have  lull  power  and  authority  to  make 
tiie  same. 
Lwt*  am«s<<j.        ^   (\.     All  lands  wliicli  have  been  or    hereafter  may  bo 
donated  by  any  county  to  said  road,  and  all  lands,  the  pro- 
ceeds of  which  have  been  or  may  he  donated  to  said  road, 
when  sold  on  a  credit,  shall  be    subject  to  a  lien  for  the 
purchase  money,  and  sh'\ll  be  exempt  from  assessments  for 
taxes  until  the  final  jiayment  of  the  j)urchase  money. 
AtiM.m.  (J»r.       ^   7.     The  Alton,  M  )unt  Carmel  and  New  Albany  Rail- 
T.^»o^*u^  road  C  )mpany  may,  by  a  resolution  of  the  stockholders 
••  and  directors  thereof,  transfer  all   its  powers,  privileges, 

riglils,  real, and  personal  property  and  choscs  in  action,  to 
the  said  S^int  Louis  and  Louisville  Railroad  Company; 
and,  on  suc!»  transfer  being  made,  said  Alton,  Mount  Car- 
mel  and  New  Albany  Railroad  Comjiany  sliall  be  merged 
in  and  become  a  part  of  said  Saint  Louis  and  Louisville 
Railroad  Company;  and  said  last  mentioned  company 
shall,  thereuiion,  succeed  to  all  the  rights,  ])0wers,  privi- 
leges and  property,  of  every  kind,  as  fully  as  is  the  said 
Alton,  Mt.  Carmel  and  New  Albany  Com])any  now  pos- 
sessed, eitlier  in  or  out  of  this  state;  and  stockholders  in 
said  last  named  company  sliall  become  stockholders  in 
said  St.  Louis  and  Louisville  Railroad  Company  to  such 
an  amount  as  may  be  agreed  on  by  said  companies. 
r*wm*.  J   8.     The  said   Saint  Louis   and   Louisville    Company 

shall  possess  all  the  power,  jirivileges,  rights  and  immuni- 
ties now  possessed  by  the  said  several  comj)anies  hereby 
authorized  to  consolidate  with  said  company,  and  all  such 
other  powers  as  may  be  necessary  and  appropriate  (o  ac- 
complish the  buililing,  equipping  and  operating  a  railroad, 
a?  herein  provided  for,  and  for  the  proper  management  of 
the  rights  and  property  of  said  comj)any  ;  all  of  which 
power  may  be  regulated  in  detail  by  the  by-laws,  rules 
and  regulations  of  said  comj)any,  to  be  established  by  the 
board  of  directors  thereof,  not  inconsistent  with  tliis  act 
or  the  act  to  which  this  is  an  amendment,  or  to  any  law 
of  this  state. 
titwtm  Notliing  in   this  «ct  containtd  shall   be  held  to    trans- 

fer or  affect  so  much  of  the  right  of  way  or  the  grade  or 
work  <Ionc  on  the  Alton  and  INIuunt  Carmel  railroad,  as 
Ijrs  in  the  county  of  .Madison  ;  nor  shall  llu;  subscription 
of  flock  of  the  citizens  of  Madison  county,  Illinois,  to  the 
Alton  and  .Mount  Carmel  railroad  be  transferred  to  the 
company  hereby  incorporated,  by  virtue  of  the  provisii)ni 
of  this  act. 

Aff ROVED  Feb.  ll,lHr>7. 


433  1857. 

AN  ACT  to  amoiid  an  act  enlitlril  "An  act  to  incorporato  Iho  Quincy  Ga«  Fe^.  li>  1867. 
Liirtil  and  Coke  Conij)any,"  in  force  Feb.  12, 1S53. 

Skction  1.  Be  it  enacted  by  the  people  <ij  the  state  of 
Illinuis,  represented  in  the  General  t/Jitsetnhti/,  That  the 
Quincy  Gas  Lif^ht  and  Coke  Company  shall  have  powir  to  Pow«r  to  bonvw 
borrow  money,  on  tht^  cr»'dit  of  the  company,  not  exceed-  '""''*'^ 
ing  in  amount  its  authorized  capital  stock,  at  a  rate  of  in- 
terest not  exceeding  ten  per  cent,  per  annum,  pajable  an- 
nually or  semiannually,  and  may  execute  bonds  iherelbr, 
with  interest  couj)ons  annexed,  and  secure  the  payment  of 
tiie  same  by  mortgage  or  deed  of  trust  on  the  whole  or  any 
part  ol"  tlie  real  or  personal  property  and  franchises  of  the 
company,  and  may  annex  to  such  bonds  the  privilt  ge  of 
converting  them  into  the  capital  stock  of  the  company,  at 
par,  at  the  option  of  tlie  holder,  if  his  desire  to  do  so  be  sig- 
nified to  the  company,  in  writing,  within  such  time  as  the 
company  may  prescribe. 

§  2.  The  directors  of  said  company,  by  their  president  m&j  »oii  tends, 
or  otiier  officers  or  agents,  are  hereby  authorized  to  mgo- 
tiate  and  sell  the  bunds  of  the  said  company,  at  such  times 
and  in  such  places,  within  or  without  this  state,  and  for 
such  rates  as,  in  their  opinion,  will  best  advance  the  in- 
terest of  the  company;  and  if  such  bmds  are  thus  negotia- 
ted or  Sold  at  a  discount,  such  sale  shall  be  as  valid  and 
binding  on  the  company,  iu  every  respect,  as  if  they  were 
sold  and  disposed  of  at  their  par  value. 

§  o.  Tne  said  company,  in  securing  the  payment  of  mv  execnt*  a. 
said  bond3,  by  a  mortgage  or  deed  of  trust  on  the  proper-  ™"' ^'•'*- 
ty  and  franchises  of  the  company,  shall  have  power  to 
execute  such  mortgage  or  deed  of  trust  so  as  to  se- 
cure the  payment  of  the  full  amount  of  bonds  whi(  h  the 
company  may  at  the  time  said  deed  of  trust  or  mortgage 
bears  date,  or  at  any  time  thereafter  desire  to  sell  and  dis- 
pose of,  and  may  execute  and  sell,  from  time  to  time,  such 
amount  of  said  bonds  of  such  date  for  such  term  and  pay- 
able to  such  person  or  persons  as  the  directors  of  said  com- 
pany may  deem  advisable  and  may  order,  till  the  whole 
amount  of  bonds  mentioned  in  such  mortgage  or  deed  of 
trust  is  executed  and  sold;  and  the  said  mortgage  or  deed 
of  trust  shall  be  as  effectual  and  valid,  to  secure  the  pay- 
ment of  the  bonds  so  executed  and  sold  and  of  every  part 
thereof,  as  if  the  same  and  every  part  thereof  had  been  exe- 
cuted at  one  time  and  bore  even  date  with  the  said  deed  of 
trust  or  :  mortgage. 

§  4.     All  conveyances   and  mortgages  heretofore  made  romtr     m^^- 
and  executed  by  said  company  or  in  its  behalf,  in  whatso-    yw*u     ** 
ever  manner  the  same  may  have  been  executed,  shall  be 
deemed  and   held  good    and    valid;    and   the  grantees  or 
mortgagees  therein  and  their  legal  representatives  shall 

—50 


havo  tlie  rights  ami  privileges  uinler  llicin  tlia(  nttarh  to 
siinilar  con\  1-3  anots  aiid   iintitgji^es  bttween   iiuli\  iduals. 

S  o.  This  act  and  ihe  act  to  which  this  is  an  amend- 
ment are  hereby  declarttl   jmhlic  acts. 

^  t>.  This  act  shall  take  t  H'cct  and  he  in  force  from  and 
after  its  ])as'5at;e. 

^         Al'PROVKD    I'V'h.    11,  1S.')T. 


p>>ilU« 


»f*.li,  ISST.  ^^;\'  ACT  to  incorporato  the  "Gariloii  City  BuiKlinf^  Association." 

Section  1 .  Be  it  evavtcd  hy  the  people  of  the  state  of  Ull- 
tmis,  repreaei^ted  in  the  Gevernl  ^^hsemlJi/^  That  John  W. 

Bo«r  •KT  •>■•  Chiokt'iii.jT,  LMUilitrton  C.  Hall,  Josej)h  N.  Barker,  Elijah 
Smith,  Tlionias  Biukitv,  B  W«Mzelhaiim,  Georo;e  R.  Clark, 
II.  W.  Benedict,  Thomas  Fr.tman,  Daniel  Burky  and  N. 
P.  It^hhcirt,  directors,  and  all  such  persons  as  are  or  shall 
hecome  subscribers  of  the  stock  hereinafter  mentioned 
shall  be  and  they  are  hereby  constituted  and  declared  a 
bod)  corporati'  and  politic,  by  the  name  and  style  of  "The 
Garden  City  B'lildin^  Association  ;"  and  by  that  name  and 
style  they  and  »h»'ir  a'^sociatcs  and  successors  are  hereby 
made  as  cap  <ble  in  law  as  nattiral  persons,  to  contract  and 
be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be 
im|>leaded,  in  all  courts  of  law  and  equity,  and  make  and 
U!»e  a  common  seal  and  to  alter  the  sanu»  at  pleastire  ;  to 
BCf  uire,  b)  purcliase  or  other  ways,  and  hold  all  kinds  of 
estate  afid  jiroperty  that  may  be  necessary  to  accomj)lisli 
the  objects  of  said  assoiiation,  and  to  c  )nvey  the  sam«!  and 
Buch  j»roperty  as  may  now  be  held  in  trust  for  the  mem- 
bers thereof;  to  form  a  constitution  and  by-laws  for  their 
government;  the  app'intment,  nuinlxr  and  <luties  of  offi- 
cers ;  tlie  tran«l'*r  of  stoek  ;  the  mnnner  of  makinpj  loans 
and  taking  security  tlM-retor,  and  the  manner  of  lu)l(ling 
and  conveying  property  :  Vrovidcd^  the  same  shall  not  be 
inconsistent  with  the  laws  and  constitution  of  this  state 
and  of  the  United  States.  The  object  of  this  association 
nhall  be  to  accumulate  a  fund,  hy  the  savings  of  the  mem- 
ber«,  and  to  loan  tip-  same  to  the  stockholders  of  the  asso- 
ciation, so  a«  to  enable  each  stockholder  to  purchase  a  lot 
and  build  or  purchafe  a  house,  and  thus  provide  himstrlf  a 

Oi««tai(t»^>.  home.  The  capital  stock  of  the  association  shall  consist 
of  not  exceeding  fifteen    hundred   shar<'S,  of  two  hundred 

*••**•'••  dollar.q  each.      The  board  ot  directors  shall  have  power  to 

award  loans  to  stockhnhlcrs  only,  at  the  highest  premium 
tiiat  may  be  bid  therefor,  at  public  auction,  with  intcrcit 


435  1857. 

not  exceeding  tl.e  rate  often  per  cent,  per  annum,  and  to 
take  security  llierelor. 

§  2.  Jic  it  further  enacttil.  That  tlie  adoption  of  the  Former  aci«  »e. 
constitution  and  by-laws,  the  election  of  officers,  awarding  '^'' '^' 
of  loans  for  premiums  and  intert-st,  and  taking  securities, 
heretofore  done  in  a  manner  not  inconsistent  with  this  ac*, 
are  hereby  legalized  and  declared  valid  ;  and  all  securities 
and  property,  now  held  in  trust  for  the  members  of  said 
associdtujn,  are  hereby  declared  to  be  vested  in  the  said 
*'Gdrden  City  Building  Association"  as  effectually  and  to 
the  same  extent  as  if  tlie  same  were  taken  directly  to  said 
corporation,  and  shall  be  subject  to  the  came  control,  and 
any  release  or  conveyance  of  the  same  pro|)erty,  executed 
by  said  association,  shall  be  valid  in  law  and  vest  title. 

§  o.     This  act  shall  be  deemed  a  public  act,  and  shall 
take  effect  from  and  after  its  passage. 

Approved  Feb.  11,  1857. 


AN  ACT  to  incorporate  the  Mount  Stnrling  Marine  and  Fire  Insurance  Feb.  ii,  1867. 

Company. 

Section  1.  Be  it  enacted  hi/  tlie  people  oj  the  stale  of 
MUniiii^  represented  in  the  General  Jl'^semhhj^  That  A.  J. 
F.  Prevost,  A.  A.  Glenn,  J.  B.  Moore,  Sidney  Parker  and  F.  B«''y    fonwraic 

»/r/-i  ^T  .  -vi-  ana  pontic. 

M.  Curry,  of  Mount  Sterling,  Illinois,  and  their  associates, 
successors  and  assignees,  be  and  they  are  hereby  incorpora- 
ted into  a  body  corporate  and  politic,  by  the  name  and 
style  of  the  ''iMt.  Sterling  Marine  and  Fire  Insurance 
Company;"  to  have  continuance  and  succession  for  the 
term  of  forty  years,  from  and  after  the  passage  of  this  act ; 
and  by  said  corporate  name  and  style  shall  be,  for  the  terra 
aforesaid,  capable,  in  Uw  and  ecjuity,  to  sue  and  be  sw^iiS^ 
to  plead  and  be  impleaded,  and  to  do  all  other  matters  and 
things  necessary  in  law  to  protect  and  defend  their  corpo- 
rate rights;  and  may  have  a  common  seal,  which  they  may 
change  at  pleasure. 

§  -.  The  capital  stock  of  said  company  shall  be  one  o»i>ii»i  itock. 
hundred  thousand  dollars,  divided  into  shares  of  one  hun- 
dred dollars  each.  The  stock  shall  be  deemed  j>er.>onal 
property  and  shall  be  transferable  on  the  books  of  the  com- 
pany; but  no  stockholder  shall  be  permitted  to  transfer  his 
stock  while  he  is  indebte<l  to  the  corporation. 

§   3.     Tiie  persons  named  in  the  first  section  of  this  act  Coram is.iooen, 
are    hereby  appointed   commissioners  for  the   purpose   of 
procuring  the  said  capital  stock  of  one  hundred  thousand 
dollars;  and  said  commissioners,  or  any  three  of  them,  shall 


1^:>7.  43G 


i: 


oprn  subscrij'tlon  book?  for  such  <:tock,  on  sucli  days  nnd 
tt  such  timfs  si»d  places  as  tlu)  maj  deem  exj)eiliej)t,  and 
shall  give  at  least  three  daNs'  notice,  in  some  newspaper 
uiblished  in  the  town  of  Mt.  Sterlinp;  and  said  bocks  sliail 
>e  kept  optn,  from  time  to  time,  nnlil  tlic  whole  of  said 
capital  stock   is   subscribed. 

o*«M»MtM«  ^   4.      Whenever    the  amount  of   twenty- five    thousand 

dollars  shall  have  been  snbsciibed  to  (he  cajiital  stock  of 
sail)  crmi'any  and  three  dollars  on  each  share  of  stork  shall 
have  been  paid  to  said  comnussioners  they  shall  notify  the 
stockholders  of  the  same  and  appoint  a  time  and  place  at 
which  tluy  shall  meet,  giving  fi\e  days'  notice  of  the  time 
and  place  of  said  meeting,  in  some  nt'WSj)aj)er  published  in 
said  town  of  Mt.  Stirling,  for  the  purpose  of  electing  not 
less  than  five  nor  more  than  i  ine  directors,  who  shall  man- 
age the  business  of  the  company,  and  shall  hold  their  offi- 
ces for  one)  ear  and  until  others  aic  elected  in  their  places, 
and  who  shall,  a(  the  time  ol  their  election,  be  citizens  of 
the  United  States,  and  holdtis,  respecti\  ely,  of  not  less 
than  ten  shares  of  stock.  The  voting  at  all  elections  of 
the  company  shall  be  by  ballot,  aiid  absent  stockholders 
may  vote  by  proxy,  in  writing. 

»'■'''■"•  ^   .'».     When  the    stockliohh  rs    shall    have    elected    the 

bnard  of  directors  the  commissioners  shall  deliver  to  the 
saiel  directors  the  subscription  bf  oks,  moneys  collected  on 
account  of  the  same,  and  all  other  papers  and  things  in 
their  Iian<ls  necessary  to  a  full  organization  of  said  com- 
P'li);  and  the  saiii  directors  shall  proceed  to  organize,  by 
the  election  of  a  president  from  anjnng  their  innibrr,  a 
secretary,  aiid  any  otii-r  officers  or  agents  they  may  deem 
necessary  for  the  succrssfnl  working  of  said  c()nij)iiny,  who 
jihall  hf>ld  their  offices  diiriiig  the  pleasure  of  the'  board  of 
direi  tors.  The  board  shall  adopt  such  by-laws,  for  the 
poneral  conduct  of  tlie  business  of  (lie  company,  as  they 
ma),  from  time  to  tinje  deem  ad\isable;  (he)  shiill  also  fix 
the  fialarif'S  and  define  the  duties  of  all  e)nplo)ees  of  the 
company. 

c«M«M*(.^.  •'  ♦;.  When  the  board  of  directors  shall  have  organized, 
at  provided  in  Rertion  rive,  (hey  ^hall  call  in,  by  personal 
or  puhlic  notice,  of  at  least  ten  da)s,  such  an  amoiint  of 
the  cai'ital  stock  jiubscribed  as  (hey  may  deem  expedient, 
but  not  jet*  t»ian  seven  dollars  on  eac'i  share,  which,  to- 
gether with  tli«'  am'»urit  p;ii(l  to  the  coinniis<!ioncrs,  shall 
constitute  the  fir«t  installment  on  the  subscriptions  to  the 
capital  stock;  and  they  shall  rerjuire  the  residue  of  said 
■ub«crinlion<  to  be  secured  by  good  and  legal  stock  notes, 
iecureo  to  the  sa'tsfartion  of  the  directors,  and  payable  in 
four  months,  and  "thall  issue  therefor  certificates  of  stock, 
s»-tfii<g  forth  the  amfU'.nt  paid  in  cash  and   the  amount  and 

rtrytm  cofiflition  of  the  stock   notes  for  the  residue  :   Jh-ovidcdf 


437  1857. 

that  if  at  any  time  'lie  diref^tors  shall  consider  any  of  the 
stock  notes  insecure  they  shall  have  power  to  require  ad- 
ditional security  on  the  sam",  alter  due  notice,  under  such 
pel  alties  and  forfeitures  as  they  may  provide  in  their  by- 
laws. 

§  7.  This  corporation  shall  have  power  to  issue  poli-  "^.^^kic*?  '"'* 
cies  of  insurance  ac;ainst  loss  or  damage  by  lire  on  houses, 
stores  and  all  other  buildit)g'«,  on  personal  property  of  all 
descriptii)ns,  and  to  make  marine  insuranc*;  upon  steam- 
boats anil  other  vessels,  on  their  tacklf,  Ireight  and  cur- 
goes,  and  on  all  kinds  of  personal  property  in  the  course  of 
transportation,  and  to  do  and  perform  all  necessary  acts 
and  things  connected  with  these  ohjects  or  any  of  them. 
All  policies  of  insurance  shall  be  subscribed  by  the  presi- 
dent or  vice  president  and  countersigned  by  the  secretary. 

•^   8.     The  board  of  directors  sliall  make  such  dividend,  Dividend, 
annually  or  semiannually,  as,  in  th-^ir  judgment,  the  affairs 
of  the  company  will  permit;  all  such  dividends  shall  be  in- 
dorsed upon  the  unpaid  stock  notes  until  they  are  paid   in 
full. 

§   9.     It  shall  be  lawful  for  the  said  corj)oration  to  invest  Fau.ii. 
its  funds  in  United  States  stocks,  or  stocks  of  this  state,  or 
to  loan  them  upon  mortgages  on  unencumbered  real  estate, 
with  double  the  amount  loaned  'hereon,  and  on  such  other 
safe  securities  as  the  board  of  directors  may  determine. 

§  10.  The  fiscal  year  of  this  comp:  ny  shall  commence  Figcaiyear. 
on  the  first  day  of  January  and  terminate  on  the  thirty-first 
day  of  December.  The  officers  of  said  coin})any  shall,  du- 
ring the  month  of  January,  in  each  year,  cause  a  full  and 
accurate  statement  of  the  affairs  of  said  company  to  be 
made  and  publish  the  same  in  some  newspaper  i)ublished 
in  said  town  of  Mt.  Sterling. 

§   11.     The  principal  otticeof  said  company  shall  be  lo-  omct. 
cated  in  said  town  of  Mt.  Sterling,  but  it  may  have  agents 
and  transact  business  at  any  places  within  and  out  of  the 
state. 

§  12.  It  shall  be  lawful  for  said  company  to  purchase  RoaUstat*. 
and  hold  such  real  estate  as  may  be  convenient  for  the 
transaction  of  its  business;  and  also  to  have  and  to  hold 
any  real  estate,  us  a  security,  by  mortgage,  deed  of  t  u<t 
or  otherwise,  lo  secure  the  payment  of  debts  due  in  good 
faith  to  said  company,  either  for  shares  of  capital  stock  <>r 
otherwiije;  also,  to  purchase  real  estate  at  any  sale  by  vir- 
tue of  any  judgment  at  law  or  decree  in  eriuity,  made  in 
fav  r  of  said  company,  and  to  sell  and  convey  any  real  es- 
tate held  by  said  company  by  deed  duly  executed  by  the 
president. 

§   l\.     The  stockholders  of  said   company  shall  meet,  stockholder*.     ' 
annually,  at   their  otfice,  in  Mt.  Sterling,  on   the  second 


1S57.  438 

M.MuIay   ill  Januarv,   ami   tloct   directors  for  the   current 

Tear. 
»«ii    m4  »»i4*    ^    14.      Tliis  act  s!iall   l»e  null  ami  void   unles*?  tlie  com- 
^!y>J2^*^*'  panv  .'liail   orqanize  uudrr  it,  iii^nealilv  to   its    proA  isious, 

\iitliiii  two  yt  :us  from  tlie  jtassat^e  tin  reof.     Tliis  act  to  be 

in  force  Ironi  and  alter  its  passage. 
ArrRovKD  Feb.  11,  18.')7. 


Ft*.  H,»5i'.       _\\  \CT  to  incorporate  the  Danville  and  Blooniington  Railroad  Company. 

Skction   1.      /?^  //  €11  acted  hy  the  people  of  the  sttite  (if 
J//inois,  represented  tn  the  (ieueral  %'I'<se7nhh/,  Tiiat  David 
••Mr    ttKinritt  Davis,   A.    (iridlev,    E.    Thomas,    Janus    PSiciiols,    James 
'^^'''  Miller,  John    E.   iSIcCInn,    Hanson   II.    Painter,  John   M. 

Scotf,  Stephen  W.  NoMe,  David  Clieney,  James  P.  Craifror, 
John  M.  Downintr,  ICzek  E.  Greeninan,  William  Fitliian, 
(iay  Merrill,  Le\  in  T.  Palmer,  Samuel  G.  Craij;,  James 
M.  Ciilbertson,  Oscar  F.  Harmon,  \Vm.  M.  Pa^ne,  Daniel 
Cla|t|»,  J.  K.  Jaqnitli,  Eli«l  a  llarktiess,  Asa  (Jt-er,  W.  D. 
Somers,  A.  W.  Wl.llney,  W.  N.  C(der,  H.  C.  Whitney  and 
their  successois,  associates  and  ai^signs,  are  hereby  cre- 
ated a  body  corporate  and  politic,  under  the  name  and 
8tjleof*'The  Danville  and  IJIoomin.'ton  Railroad  Com- 
pany ;"  and  by  tlmt  naim-  be  and  they  are  hereby  made 
[capablf  '  in  law  and  in  r(jnitv  to  sue  and  be  sued,  plead  and 
be  itnpleadi-d,  di'li'ini  and  be  deN-nded,  in  an)  court  of  law 
and  e<|uity,  in  the  state  or  in  any  other  ])lace;  to  make, 
have  and  use  a  common  seal,  and  the  same  to  alter  and 
renew  at  pleasure;  and  shall  be  and  are  hereby  vested 
with  all  tin*  powers,  priviUtjcs  and  iinmunilies  which  are 
or  may  b«'  nrct-ssary  to  carry  into  ellcct  the  purposf;s  and 
obj»-ets  of  thi^  act  as  hen  inalli-r  s»'t  forth  ;  and  the  said 
company  are  here  )y  authoii/«d  and  emj)owered  to  locate 
and  construct  and  finally  complete  a  railroad  from  the 
western  terminui  of  the  Newcastle  and  Dan\illc  Itiulroad, 
at  a  point  on  the  state  line  between  Indiana  and  Illinois, 
about  seven  miles  from  Dan\illi',  state  of  Illinois,  and 
tlunce  to  run  westwarilly  by  tin*  most  eli^ihb?  route  to 
Danville,  and  tln-nc**,  by  tin*  mo-^t  eligible  route,  through 
L'rhana,  Leroy,  to  Hloomington,  in  the  cnunty  of  McLean; 
and  for  this  purpose  Raid  i-ompany  are  authorized  to  lay 
out  tlu'ir  said  railroad  widr  inonL'li  lor  a  single  or  double 
track,  through  tli«*  whob-  l»-ngih  ;  and,  for  the  |»nr|)ose  of 
cutting  aiid  making  ••mbaiikirn-ntw  and  procuring  stom-  and 
^ravi-l,  may  tak»*  a*  mmh  inori'  lrtn<l  as  may  be,  nec»  ssary 
for  the  proper  coijftruction  and  security  of  said  railroad. 


439  1857. 

§  2.  The  caj)ital  stock  of  said  company  sliall  consist  of  Ci-itai  irtc^k. 
one  million  of  dollars,  and  may  l)e  increased  to  iwo  mil- 
lions of  dollars,  to  Ijc  divided  into  shares  of  one  hundred 
dollars  each.  Tlie  itnmedi.tte  government  and  direction  of 
said  company  shall  be  ve'^ted  in  se\en  directors,  who  shall 
be  chosen  by  the  stockholders  of  said  comj)aiiy,  in  th<'  man- 
ner hereinafter  provided,  who  shall  hold  their  offices  for 
one  year  after  their  election  and  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors ;  and 
the  saiil  direct  )rs,  a  majority  of  whom  shall  form  a  quorum 
for  the  transaction  of  business,  shall  elect  one  of  their 
number  to  be  the  president  of  the  company.  The  said  board 
of  directors  shall  have  power  to  appoint  all  necessary 
clerks,  secret-iry  and  other  officers  necessary  in  the  trans- 
action of  the  business  of  said  company. 

§  3.  The  Slid  corj)oration  i'  hereby  authorized,  by  their  High*  <^f  cnt-T. 
agents,  surveyors  and  engineers,  to  cause  such  examina- 
tion and  surveys  to  be  made  of  the  route  as  above  specified 
as  shall  be  necessary  to  determine  the  most  advantageous 
ground  whereon  to  construct  said  railroad  ;  and  it  shall  be 
lawlul  tor  said  com[)any  to  enter  upon  and  take  possession  of 
and  use  all  .mch  lands  and  real  estate  as  may  be  necessary 
for  the  construction  and  maintenance  of  their  sa>d  railroad, 
depot  houses  and  other  appendages:  P rovidtUy  i\idi  all 
lands  or  real  estate  entered  upon  and  taken  possession  of 
and  used  by  said  corporation,  for  the  pur[)oses  and  ac- 
commodation of  said  railroad,  or  upon  which  the  site  for 
said  railroad  sliall  have  been  located  or  determined  by  the 
said  corporation,  shall  be  paid  for,  in  damages,  by  said 
company,  if  any  be  sustained  by  the  owner  or  owners 
thereof,  by  the  use  of  the  same,  for  the  purposes  of  said 
railroad  ;  and  all  lands  entered  upon  and  taken  for  the  use 
of  said  corporation,  which  are  not  donated  to  said  com- 
pany, shall  be  paid  for  by  said  corporation,  at  such  price 
as  may  be  mutually  agreed  u[)on  by  the  said  corporation 
and  the  owner  or  owners  of  such  land  ;  and,  in  case  of  dis- 
agreement, the  price  shall  be  estimated,  fixed  and  re- 
covered in  the  same  manner  provided  for  taking  lands  f  jr 
tlie  construction  of  public  roads,  canah  or  other  public 
works,  as  prescribed  by  the  act  concerning  right  of  way, 
approved  March  3d,  ISl:]. 

5  4.  If  any  person  shall  willfull)',  maliciously  or  wan-  obntmctioBi. 
tonly  and  contrary  to  law,  obstruct  the  passage  ot  any  car 
on  said  road  or  any  part  thereof,  or  anytliing  belonging 
thereto,  or  shall  dainnge,  break  or  destroy  any  part  of  the 
said  railroad,  or  implements,  or  building"',  he,  she  or  they, 
or  any  person  assisting,  shall  forfeit  ami  pay  to  said  com- 
pany, for  every  such  otfence,  treble  the  amount  of  dam- 
ages that  may  be  prov»;d  before  any  competent  court  shall 
have  been  sustained,  and  be  ]»aid  for  in  the  name  and  be- 


1867.  440 


itotn. 


ACktcf  «*7. 


to*. 


hilfof  saiM  coinjiaijy  ;  and  such  offtiuler  or  ofreiu1er{?  sliall 
be  iK'j-mi'il  miilty  ol"  i\  nnsilt-mt'aiior  ami  slmll  be  liable  to 
an  iiuiiitnifiit  in  the  same  manner  as  other  indictnu  iits  are 
found  in  any  county  or  counties  where  such  ollVnce  shall 
have  been  rnnnnittc'l  ;  and,  upon  conviction,  eveiy  such 
otf'  nder  shall  be  liable  to  a  fine,  not  excetding  live  thou- 
sand dollars,  f>)r  the  use  ot  the  county  wlure  such  indict- 
ment may  be  Jound. 

^  5.  The  time  of  holding  the  annual  meeting  of  said 
company,  for  the  election  of  directors,  shall  be  fixed  nnd 
determined  by  tin-  by-laws  of  said  comj)any  ;  and  at  all 
meetings  eai  h  stockholder  shall   be  ciititlid   to  u  vote,  in 

t>er«on  or  lawful  proxy,  one  vote  for  each  share  of  stock 
le,  she  or  they  mav  hold,  huuitjiile,  in  said  com|)any. 

^  t).  The  persons  named  in  the  first  section  of  the  act, 
are  hereby  appointed  commissioners,  who,  or  a  majority 
of  tiiem,  are  In  reby  authorized  to  open  subscription  books 
for  said  stork,  at  sucli  places  as  tlu-y  may  dei-m  proper, 
and  shall  kt-ep  said  books  open  until  the  whole  of  said 
capital  stock  shall  be   taken.     Said    commissioners  shall 

require    each   subscriber  to    pay dollars   on   each 

share  sjibscribed.  The  said  commissioners  shall  call  a 
meeting  of  the  stockholders,  by  giving  thirty  dajs'  notice, 
in  some  newspaj)rr  j)iintt'd  in  the  county  of  Cliam})aign; 
and  at  <ucli  meeting  it  sliall  be  lawful  to  elect  the  directors 
of  said  conipany  ;  and  when  (he  directors  of  said  company 
are  chosen,  the  said  commissioners  shall  dt  lixer  said  sub- 
scri|>tion  books,  with  all  sums  of  money  received  by  them 
as  commissioners,  to  said  directors.  No  p«'rson  shall  be 
a  director  in  said  conipany  uidess  he  shall  own  at  least  five 
shares  of  capital  stock. 

§  7.  That  the  right  of  way  and  the  real  estate  pur- 
ch;i<ed  for  t!i^  right  of  way  by  said  co?npany,  whether  by 
mutual  agreement  or  otherwise,  or  which  shall  become  the 
property  of  the  company,  by  operation  of  law,  sliall,  tipon 
the  payment  of  the  amount  of  money  retpiired  to  the  owner 
or  owiieri  of  said  land",  as  a  compensation  lor  the  same, 
become  the  pr«<perty  ot  said  company,  in  fee  simple. 

§  ^.  The  said  cor[)oration  may  take  and  transport  upon 
said  railroad  any  person  or  persons,  merchandize  or  other 
property,  by  the  foree  and  power  of  steam  or  animal,  or 
any  combination  of  them,  and  may  fix,  establish,  take  and 
receive  such  rale.i  ol  t<jil,  lor  all  pass«;nger,i  and  property 
tr.in<<ported  upon  the  same,  hs  the  said  directors  shall, 
from  'im-  to  time,  establish  ;  and  the  directors  are  heieby 
■u'hori/.ed  and  empowered  to  make  all  necessary  rules, 
by-iawi,  regujati'ini  and  ordinances  that  they  may  deem 
nere<iHary  and  expedient  to  aceomplish  <he  designs  and 
purpo»«  •,  and  to  e;irry  info  ell'-et  the  j)rr)visions  of  this 
act,  and  fur  the  traniifer  and  payment  of  its  stock,  which 


■ 


441  1857. 

is  hereby  declared  to  be  personal  property,  and  transfera- 
ble ill  such  iniiiiiier  as  shall  be  provided  by  the  by-laws  and 
ordinances  of  said  company. 

§  y.  Tiie  directors  of  said  company,  after  the  same  is  Director*, 
organized,  shall  have  power  to  open  books,  in  the  manner 
prescribed  by  the  sixth  section  of  this  act,  to  fill  up  the 
additiorial  one  million  of  dollars  of  stock,  or  any  part 
thereof,  at  such  times  as  they  may  deem  it  for  the  interest 
of  Siiid  company  ;  and  all  installments  required  to  be  paid 
on  the  stock  originally  to  be  taken,  and  what  may  be  taken 
to  increase  said  capital,  shall  be  paid  at  such  times  and  in 
such  sums  as  said  directors  may  j)rescribe. 

§  10.  In  case  of  the  death,  re'^ignation  or  removal  of 
the  president  or  any  director,  at  any  time  between  the 
annual  elections,  such  vacancy  may  be  filled  for  the  re- 
mainder of  t!ie  year,  whenever  they  may  appear,  by  (1  e 
board   of  directors  ;  and,  in   case*  of  the    absence   of  the 

f)resident  and  vice  president,  the  board  of  directors  shall 
lave  power  to  appoint  a  president, /;?v>  A //i.,  who  shall 
have  and  exercise  such  ]>owers  and  functions  as  the  by- 
laws of  the  said  corporation  may  provide.  In  case  it 
should  at  any  time  hapj)en  that  an  election  shall  not  be 
made  on  any  day  on  which,  in  pursuance  of  this  act,  it 
ought  to  be  maf<e,  the  said  coipoiation  shall  not,  for  that 
cause,  be  deemed  dissolved,  but  such  election  shall  be  held 
at  any  other  time  directed  by  the  by-laws  of  said  corj)0- 
ration. 

§  11.  That  when  the  lands  of  any  femme  covert,  per-  Fcmmn  covert, 
sons  under  age,  ?ion  cumpvs  moi/is,  or  out  the  statr,  (."'^"nVn  com- 
shall  be  taken  in  the  construction  of  said  railioad,  as  is  /'<'»'»«""*• 
provided  by  this  act,  the  said  corporation  shall  j)ay  the 
amovmt  that  shall  be  awarded  as  due  to  the  said  last  men- 
tioned owners,  respectively,  whenever  the  same  shall  be 
lawlully  demanded,  together  with  six  per  cent,  per  annum. 
That  to  ascertain  the  amount  to  be  paid  to  the  persons 
named  in  ihis  section,  lor  land  taken  for  the  use  of  said 
corporation,  it  shall  be  the  duty  of  the  governor  of  this 
state,  upon  notice  given  to  him  by  the  said  corporation,  to 
appoint  three  commissioners,  to  be  persons  not  interested 
in  the  matter  to  be  determined  by  them,  to  determine  the 
damage^*  which  the  owner  or  owners  of  the  real  estate  so 
entered  uj)on  by  the  said  corporation  has  or  have  sus- 
tained by  the  occupation  of  the  same  ;  and  it  shall  be  the 
duty  of  said  commissioners,  or  a  majority  of  them,  to  de- 
liver to  said  corporation  a  written  statement  of  the  award 
or  awards  they  shall  make,  with  a  description  of  the  land 
or  real  estate  appraised,  to  be  recorded  by  tlie  said  cor- 
noiation  in  th*^  clerk's  office  of  the  county  in  which  the 
land  or  real  estate  so  aj)praised  shall  be;  nnd  the  said  cor- 
poration shall  be  deemed  to  be  seized  and  possessed  of  the 


r«««r  to  ■luie. 


1857.  442 

(ce  simplo  of  all  such  laiuls  or  roal  estate  as  shall  have 
been  appraised  by  the  said  ronnnissioDers. 
Bj*tew4  w*iw       ^  l--     Whenever  it  shall  be  necessary,  for  the  construc- 
•""•^  lion  of  said   railroad,  to  intersect  or  cross  a  track  of  any 

ott.er  railroad,  or  any  stream  of  water  or  water  course,  or 
road  or  Ingliway,  lying;  on  the  route  of  said  railroad,  it 
shall  be  lawful  for  said  company  to  construr't  their  rail- 
road across  or  upon  the  same  :  ProvithJ,  that  the  said 
company  shall  restore  the  railroad,  stream  of  water,  water 
course,  road  or  highway,  intersected  or  crossed,  to  its  for- 
mer state,  or  in  a  sufficient  manner,  so  as  not  to  impair  its 
usefulness. 

§  l:>.  Said  compauy  shall  have  the  power  to  unite  its 
railroad  wiih  any  other  railroad  now  constructenl  or  which 
may  hereafter  be  constructed  in  this  state  or  the  state  of 
Indiana,  upon  such  terms  as  may  be  mutually  agreed  on 
between  the  companies  so  connecting;  and  for  that  pur- 
pose full  power  is  hereby  given  to  said  company  to  make 
and  execute  such  contracts  with  any  other  company  as 
will  secure  (he  objects  of  said  connection 
?•••' to  b-jrrow  §  14.  Said  conij>any  is  hereby  authorized,  from  time  to 
time,  10  borrow  such  sum  or  sums  of  money  as  may  bo 
necessary  for  completing  and  finishing  or  operating  their 
said  railroad,  and  to  issue  and  dispose  of  their  bonds,  in 
denominations  of  not  less  than  five  hundred  dollars,  for  any 
amount  so  borrowed,  and  to  mortgage  their  corporate 
premises  and  real  estate  and  franchises,  or  convey  the 
samt ,  by  deed  of  trust,  to  secure  the  payment  of  any  debt 
contracted  by  said  comjtany  for  the  purposes  aforesaid;  and 
the  directors  ot  said  company  may  confer  on  any  bond- 
hold«'r  of  any  bond,  iss.ied  for  mom-y  borrowed  as  afore- 
said, the  right  to  convert  the  ])riricipal  due  or  owing 
thereon  into  stock  of  said  cotn|)any,  at  any  tinu*,  not  ex- 
ceeding ten  years  from  the  date  of  the  bond,  under  such 
regulations  as  the  directors  of  said  company  may  see  fit 
to  adopt. 

§  10.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage, and  said  company  shall  commence  said  work  within 
five  )ears  and  c()inj)ltte  the  same  within  ten  years  from  the 
pai^rtge  of  this  act. 

Approvku  Feb.  11,  18 ">7. 


••r. 


443  1857. 

AN  ACT  to  incorporate  the  Elixabethtown  and  Benton  Railroad  Company.  Feb.  ii,  i667. 

Section  1.  Be  it  enacfrd  hij  the  people  of  the  stale  of  Illi- 
nois^ represented  in.  the  (ie)ierul  %/issernblu^  That  James  Mc- 
Failaiid,  diaries  Woltf,  William  Matthews,  John  Mitchell,  Bo<iy  pontic  na 
Joseph  B.  Miller,  W.  S.  Espy,  T.  11.  C.ntrell,  Levi  Brown-  '"''^"•*- 
ing,  W.  Crawford  and  A.  J-  Ice,  and  such  olhtr  |  ersons  as 
may  associate  with  thorn  for  that  i)nrj)ose,  are  hereby  made 
and  constituted  a  body  corporate  and  politic,  by  the  name 
and  sty'e  of  "The  Elizabethtown  and  Benton  Railroad 
Company,"  with  perpetual  succession;  and  by  that  name 
and  style  shall  be  capable  in  law,  of  taking,  purchasing, 
holding,  leasing,  selling  and  conveying  estate  and  proper- 
ty, whether  real,  personal  or  mixed,  so  far  as  the  same 
may  be  necessary  for  the  purposes  hereinafter  mentioned, 
and  no  further;  and  in  their  corporate  name  may  sue  and 
be  sued  ;  to  have  a  common  seal,  which  they  may  alter  ( r 
renew  at  pleasure;  and  may  have  and  exercise  all  powers, 
rights,  privileges  and  immunities  which  are  or  may  be  neces- 
sary to  carry  into  eflect  the  purposes  and  objects  of  this 
act,  as  the  same  are  hereinafter  set  forth. 

^  '1.  The  Elizabethtown  and  Benton  Kailroad  Cnnipany  Powfrt. 
shall  have  full  power  and  authority  to  locate,  and,  from 
time  to  time,  to  alter,  change,  relocate,  construct,  recon- 
struct and  fully  to  finish,  perfect  and  maintain  a  railroad, 
with  one  or  more  trucks,  commencing  at  Elizabethtown, 
on  the  Ohio  river,  in  the  county  of  Hardin,  and  running 
from  thence,  on  the  most  eligible  route,  to  the  town  of 
Benton,  in  the  county  of  Franklin;  from  thence,  upon  the 
most  eligible  route  to  the  Central  railroad;  and  to  trans- 
port, take  and  carry  property  and  persons  upon  said  rail- 
road, by  power  or  force  of  steam,  or  of  animals,  or  of  any 
mechanical  or  other  power,  or  combination  of  them,  which 
said  company  may  choose  to  use  or  apply;  and  for  the  pur- 
pose of  cons  true  ting  said  rail r.) ad  or  way,  said  company  shall 
have  authority  and  }iower  to  lay  out,  designate  and  estab-  Lay  out  road, 
lisli  their  road,  in  width  not  exceeding  one  hundred  feet, 
through  the  entire  line  thereof;  and   may  take  ai  d  ajipro- 

firiate  to  their  own  use  all  such  lands  designated  for  the 
ine  and  construction  of  said  road,  upon  first  |  a}  ing  or  ten- 
dering therefor  such  amount  of  damages  as  shall  have  been  Danmee*. 
setth'd  by  appriisal  in  the  manner  hereinafter  provided, 
on  all  such  lands  as  may  be  taken,  or  upon  any  track  which 
may  be  located  by  said  company,  and  for  the  purpose  of 
cuttings  and  embankments;  and  lor  the  purpose  of  obtain- 
ing of  stone,  sand  and  gravel,  may  take  and  approjiriate 
as  much  more  of  lands  as  may  be  necessary  for  the  projier 
construction,  maintenance  and  security  of  said  road,  and 
for  constructing  shops,  depots,  and  other  suitable,  jiroper 
and  convenient  fixtures,  in  connection  with  and  apptute- 


nances  to  said  railroad,  may  take  nntl  have,  use  and  oocu 
P)  any  lands,  upon  either  side  of  said  railroad,  not  excird 
ini;  hity  feet  Irom  the  centre  of  said  railroad;  said  c-oninauN 
taking  all  such  lands  as  ^if^sor  porchasinsr  or  n.akin.^  sat"- 
istactnu.  tor  the  same,  in  tiie  manner  hen  inafter  ..rovidtd 
rr,M«.  Pnniiitul,  that  this  section  shall  not  he  construed  to  r.-^trict 

or  prevent  the  construction  of  public  roads  or  canals  or 
railroads  across  the  road  of  said  company,  when  deemed 
expedient,  but  so  as  not  materially  to  impair  or  obstruct 
Ine  same. 

«:»fc«o<wtry.        §  ^5.     Tliesaid  company,  and,  under  their  direction,  their 
agents,  servants  and  workmen,  are  hereby  authorized  and 
empowered  to  enter  into  and   upon  the  lands  and  grounds 
ol  or  belongmg  to  the  state,   or  to  any  person  or  persons, 
bodies  politic  or  corporate,  and  surveV  -^"^1   take  levels  of 
the  same,  or  any  part  thereof,  and  to  set  out  and  ascertain 
such  parts  as  they    shall    think  necessary  and    proper  for 
making  said  railroad,  with  one  or  more  sets  of  tracks  or 
rails,  and  tor   all   the   purposes   connected  with  said    rail- 
road, fjr  which  the  said  corporation,  by  the  last  preceding 
sections,  is  authorized  to  have,  take   and  appropriate  any 
lands,  and  to  fell  and  cut  down   all  timbers  or  other  trees 
stamling  or  being  within  fifty  feet  from  the   centre  of  said 
railroad;  the  damag.s  occasioned  by  tt.e  felling  such  trees, 
unless  otherwise  settled,  to  be  assessed  and  paid  in  manner 
hereinalter  provided  f..r  assessing  and  paying  damages  for 
land:,  taken  for  use  of  said  railroad  con.pan)  ;  and,  also,  to 
make,  build,  erect  and  set  up,  in  and  up„n  the  route  of  said 
railroa.l,  or  upon  the  Jand.^  adj.,iniNg  or  near  the  same,  all 
such   works   ways,    roads    and   conveniences   as   may    bo 
requisite  and  convenient  for  the  purposes  of  said  railroad- 
and,  also,  from  lime  to  time,  to  alter,  repair,  amend,  widen 
.   or  enhrge  the  same  or  any  other  conveni.nees  above  men- 
tioned, as  well  for  the  carrying  or  conveying  goods,  com- 
modules,  limbers  or  oth.-r  things  to  and  upon  the  said  rail- 
road  as   for  carrying  or  conve>ing  ail  manner  of  materials 
necessary  »or   the   making,  erecting,   furnishing,  altering, 
rej.-iring,  amending  or  enlargingfhe  works  of  or  connect- 
ed with  naid  r.ilroH.I;  „nd  |„  contract  and  agree  with  the 
owner  or  owne,,  thereof  for  earth,  limber,  grav.l,  stone, 
or  other  mat.r.aN,  or  any  arti.l.s  whatever  which  may  bo 
want.-d  III  the  constrn.f.on    or  repair  of  s»id    railroad,  or 
any  of  it,  appurl-nan.  .s,  they,  the  said  company  doing  as 
Jiltir    damage   a,    possible    in   the   execution    of  the   said 
powerii  hereby   granted,   and    making  sati.faetion,  in    the 
manner  hereinall.r  m-ntion.-d,  for  all  dnmages  to   b.-  sus- 
Uined  by  the  ..wners  or  occupirrM  ol  said  land. 
•J:^*^  **•  ,    5  •♦•      '^'''"  -^-'id  company  M.all  have  power  and  aulhori> 
ty  to  receiv.-,  t,ike  and  hr.ld  all  such  voluntary  grants  and 
donations  of  lands  and  real  estatefor  said  railroad,  as  may 


445  1857. 

or  shall  be  made  to  said  company,  to  aid  in  the  construc- 
tion, inaintenanoe  and  accommodation  ofsaid  railroad;  and 
said  com|iaii}  may  continct  and  agree  villi  tlicowneri^  or  oc- 
cujders  of  any  land  nj)on  which  said  company  may  wi>h  to 
construct  said  railroad  or  way,  or  which  said  comj)any  may 
wish  to  use  or  occupy  for  the  purpose  of  ])rocuring  stone, 
sand,  gravel  or  earth,  or  other  materials,  to  be  used  in  em- 
bankments or  otherwise,  in  or  about  the  construction,  re- 
pair, or  enjoyment  ofsaid  railroad,  or  which  said  company 
may  wish  to  use  in  any  manner  or  for  any  purpose  or  pur- 
poses connected  with  said  railroad,  for  which  said  comj)any 
is  empowered  or  authorized  by  this  act  to  take,  have  or 
appropriate  any  lands,  and  to  receive  and  take  grants  and 
conveyances  of  any  and  all  interest  and  estate  therein,  and 
to  them  and  their  successors  or  assigns  in  fee,  or  other- 
wise; and  in  ca'^e  said  company  cannot  agree  with  such 
owners  or  occupiers  tliereof,  or  if  the  owners  or  occuj)iers, 
or  any  or  either  of  them,  be  difemvic  covert,  infant,  non  com-  Femmti  eovni, 

■'  .  ,  '  r     I  •  1  •     I       1       1         1      J'ifanlsand  per- 

pos  moifis,  unknown  or  out  oi  the  county  in  winch  the  land  f^ns  non  com- 
wanted  may  lie  or  be  situated,  the  same  may  be  taken  and  ''*'"'"'*• 
paid  for,  if  any  damages  are  awarded,  in  the  manner  provided 
in  "An  act  to  provide  for  a  general  system  of  railroad  in- 
corporation«,"  approved  November  oth,  l.'*40;  and  the  final 
decision  or  award  shall  vest  in  the  corporation  heieby  crea- 
ted all  the  rights,  privileges,  franchises  and  immunities  in 
said  act  contemplated:  ^/^nc/,  provic/cd,  that,  any  appeal  may 
be  allowed  under  the  provisions  of  tlie  act  above  recited,  or 
by  virtue  of  any  general  law  of  this  state,  shall  not  affect  the 
possession  by  said  company  of  the  land  appraised;  and 
when  the  appeal  may  be  taken  or  writ  of  error  prosecuted 
by  any  person  or  persons,  other  than  said  company,  the 
same  shall  not  be  allowed  to.  except  on  the  stipulations  of 
the  party  so  aj)pealing  or  prosecuting  said  writ  of  error  that 
the  said  company  may  enter  upon  and  use  the  land  des- 
cribed in  the  petition  for  the  uses  and  ])ur])')ses  therein 
set  forth,  upon  said  company  giving  bond  and  security,  to 
be  approved  by  the  clerk  of  said  court,  that  they  will  pay 
to  the  party  so  appealing  or  prosecuting  such  writ  of  error 
all  cost  and  damages  that  may  be  awarded  against  them  on 
the  final  hearing  of  such  appeal  or  writ  of  error,  within 
thirty  days  from  the  rendition,  or  forfeit  all  rights  to  use 
the  land  so  condemned. 

^  o.  Tlie  capital  stock  of  said  company  shall  be  two  ••piui  »i««k. 
hundred  thousand  dollars,  which  may  be  increased  from 
time  to  time,  by  a  vote  of  a  majority  in  interest  of  stock- 
holders, at  their  annual  meetings  or  any  special  meeting 
that  may  be  called  for  that  purpose  by  the  directors  ofsaid 
compat^y,  to  any  sum  not  exceeding  the  entire  amount  ex- 
pended on  said  road;  which  stock  shall  be  divi  Vd  into 
shares  of  fifty  dollars  each,  which  shall  be  deemed  person- 


1857.  -116 

al  projierty,  and  may  he  iifsued,  oertifiod,  transferred  and 
regist»Ted  in  suoli  manner  and  such  places  as  may  be  or- 
dered or  provided  by  the  board  ot  directors,  who  shall  have 
power  to  require  tlie  payment  of  stocks  subscribed  in  the 
muiner  and  at  the  time  and  in  such  such  sums  as  they  may 
direct  ;  and  on  the  ret'usal  or  iiej^Iect  of  the  stock- 
holders, or  any  of  thtin,  to  m;\ke  pavment,  on  the  requi* 
silion  of  the  board  of  directors,  the  share  of  such  delin- 
quents may,  alter  thirty  days'  public  notice,  be  sold  at  pub- 
lic auction,  under  such  rules  as  the  directors  may  ap|)oint; 
the  surplus  money,  il  any  remain  after  dediiclinv;  the  pay- 
ment tlue,  with  the  interest  and  necessary  <M>st  of  sale,  to 
be  piid  to  the  delinquent  stockholders.  The  board  of 
directors  hereinafter  named  and  appointed  sliail  cause  books 
to  be  opened  for  subscription  to  the  capit.il  stock  of  said 
company,  at  such  time  and  places  and  such  manner  as  they 
shall  liirect  :  Pruri</(  (/,  that  as  soon  as  fifty  thousand  dol- 
lars of  hi)na Jitle  subscription  «'hall  be  stibscribed  and  twen- 
ty-live per  cent,  thereon  paid,  it  shall  be  lawful  for  said 
company  to  commence  the  construction  of  said  road. 

r>«r««i«r«.  §  G.     All  the  cor])orate  power  of  said  company  shall  be 

vested  in  and  exercised  by  a  board  of  directors,  to  consist 
of  not  IfJS  than  seven  nor  more  than  seventeen  in  num- 
ber, and  such  other  officers,  agents  nnd  servants  as  they 
shall  appoint.  The  fiist  board  of  directors  shall  consist  of 
Jame.4  MiiFarland,  James  B.  Warren,  W.  K.  Parrish,  M.  C. 
Crawford,  T.  B.  Cantrell,  J.  G.  Goesman  and  L.  R.  Har- 
rison, who  shall  hold  their  office  until  their  successors  are 
circled  and  (jualified.  Vacancies  in  tlu;  board  may  be  fill- 
ed by  vote  of  two  third'?  of  tin-  board  r(Mnainin<;;  such  ap- 
point»*es  to  conliuue  in  office  until  tin-  next  rcLjular  annual 
election  of  directors;  and  which  annual  election  shall  be 
held  on  the  Ist  Monday  of  September  in  each  year,  at  such 
place  as  the  directors  may  direct;  thiity  days' notice  being 
given  in  two  of  the  nearcJt  newsj)apers  printed  on  the  lino 
of  said  road. 

t*cuam.  k  '•     ''^'  ""y  «'l**f^ti"n  held  lor  dir<  ctors,  each  share  of 

stork  shall  be  cntiiled  to  one  vote,  to  be  given  either  in 
pcrion  or  by  proxy,  and  the  person  receiving  the  largest 
numb'T  of  votes  shall  be  declared  duly  elected,  and  to  hold 
their  office  until  the  next  annual  election,  and  until  their 
fuccrs.sors  are  ehcted  and  <|MHlilied.  yvll  elections  for  di- 
rectors to  be  conducted  by  three  judges,  selected  by  tlio 
slockliolders  present. 

^  8.  The  directors  herein  named  are  required  to  or- 
ganize the  boarrl  by  electing  one  of  their  number  president, 
and  by  a[»p»inting  a  secretary  and  treasurer. 

§  1).  Said  company  sliall  liav(r  power  to  ])urchasc,  with 
the  funds  of  the  company,  and  contract  ff)r  and  place  on 
the  railroad  hereby  authorized  to  be  constructed,  all  ma- 


ff«»«rV. 


447  1857. 

chines,  wagon*?,  carriages  and  veliicles  of  any  description 
wliicli  tliey  may  deem  proper  lortlie  jnirjioses  of  transpor- 
tation on  said  railroad,  and  tliey  shall  have  power  to  <  harge 
for  tolls  and  transportations  and  rates  of  fare  such  sums  as 
sliall  be  lawfully  established  by  the  by-laws  of  said  com- 
pany. 

§  10.  Said  company  shall  !.ave  power  to  make,  ordain  By-i»w». 
and  establish  all  such  by-laws,  rules  and  regulations  that 
may  be  deemed  necessary  and  expedient  to  fulfil  the  pur- 
poses and  to  carry  into  effect  the  provisions  of  this  act,  and 
for  the  well  ordering  and  securing  the  affairs,  business  and 
interest  of  said  company:  Provuhd^  that  the  same  he  not 
repugnant  to  the  laws  and  constitution  of  the  United  States 
or  of  this  state. 

§  11.  The  said  board  of  directors  shall  have  power  to  trans portatioB 
regulate  the  manner  of  transportion  of  persons  and  pro- 
perty, width  of  track,  construction  of  wheels,  the  form  and 
size  of  cars,  the  weight  of  loads,  and  all  other  matters  and 
things  respecting  the  use  of  said  road,  and  the  conveyance 
and  transportation  of  persons  and  property  thereon. 

§   12.     When  it  shall  be  necessary  for  the  construction  Rnadv  and  w»icr 
of  said  railroad  to  intersect  or  cross  the  track  of  any  other   '^"""®•• 
railroad,  or  any  stream  of  water  or  water  course,  or  road 
or  highway,  lyingon  the  route  of  said  road,  it  shall  be  law- 
ful for  said  company  to  construct  their  lailroad   across  or 
upon  the  same:   Provided,  ttiat  said  company  shall  restore  Provu*. 
the  said  railroad,  stream  of  water,  water  course,  road  or 
highway  tiius  intersected  or  crossed,  to  its  former  state,  or 
in  a  sufficient  manner  not  materially  impair  its  usefulness. 

§   lo.     The  said  company  shall,  annually  or  semiannual-  DivUenda. 
ly,  make  such    dividends  as  they  may  deem  proper  of  the 
net  ])rofits,  receipts  or  income  of  said  company  among  the 
stockholders  therein,  in  proper  proportion  to  their  respec- 
tive shares. 

§  14.  If  any  person  shall  do  or  cause  to  be  done,  or  aid  obiini«tk»«. 
in  doing  or  causing  to  be  done,  any  act  or  acts  whatever, 
whereby  any  building  or  construction  or  works  of  said  com- 
pany, or  engine,  machine,  or  structure,  or  any  matter  or 
thing  appertaining  to  the  same,  shall  be  stopped,  obstruc- 
ted, impaired  or  weakened,  injured  or  destroyed,  the  per- 
son or  persons  so  offendingshall  be  guilty  of  a  misdemean- 
or, and  may  be  ptinished,  upon  conviction,  by  fine,  in  any 
sum  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment not  exceeding  five  years,  or  both,  at  the  discretion  of 
the  coiirt,  and  shall  forfeit  and  pay  to  said  corporation 
treble  the  amount  of  damages  sustained  by  reason  of  such 
offence  or  injury,  to  be  recovered  in  tlie  name  of  said 
com])any,  wiili  cost  of  suit,  in  an  action  of  tresj)ass,  before 
any  justice  of  the  peace  of  this  state,  or  before  any  court 
having  jurisdiction  thereof. 


1?5T.  448 

■  tr  s«tt»  w»-.k       ^   l'>.     Saiil  company  shall  have  jiowor  to  unite  its  rail- 
•***"**^-       TOiii  with   any  other  railroad   now  constrnoted  or   which 
may  herealter  be  constructed,  upon  such  terms  as  may  be 
mutually  atrreed  upon  between  the  companies  so  connect- 
tii»j»,  and  for  that   i)urpose   full  power    is    hereby  given  to 
said  conijiany  to  make  and  execute  such  contracts  with  any 
other  company  as  will  secure  the  i)hjects  ofsueh  connection. 
r*»#f»^Nwrow       JJ  1^>«     Said  company  is  li»>reby  authorized,  from  time  to 
■•*'  time,  to  borrow  such  sum  or  sums  of  money  «s  may  be  ne- 

cessary for  comi'leting  and  finishing  or  operating  their  said 
railroad,  and  to  issu  *  and  dispose  of  their  bonds,  in  de- 
uomiuations  «»f  not  less  than  five  hundred  dollars,  for  any 
amount  so  borrowed,  and  to  mortgage  their  corporate 
property  and  franchise,  or  convey  the  same  by  deed  of 
trust,  to  secure  the  payment  of  any  debt  contracted  by 
said  company,  for  the  purposes  aforesaid;  and  the  direct- 
ois  of  said  company  may  confer  on  aiiy  bondhohler  of  any 
bond  issued  for  money  borrowed  as  aforesaid  the  right  to 
convert  the  principal  due  or  owing  thereon  into  stock  of 
said  company,  at  any  time  not  exceeding  ten  years  from  the 
date  of  the  bond,  under  such  regulations  as  the  directors 
of  said  company  may  see  fit  to  adopt. 

v^  l7.  The  said  company  hereby  chartered  shall  be  re- 
quired to  construct  and  operate  their  said  road,  through- 
out the  entire  lifie  thereof,  according  to  the  terms  of  this 
charter,  within  three  years  after  the  work  shall  be  com- 
m«nced  thereon,  and  upon  a  failure  so  to  do  shall  forfeit  all 
rights  and  j)rivileges,  tracks  compKted  and  work  done  tip- 
on  «aid  road:  J* rovidiul,  the  work  shall  be  romtneneed  on 
said  road  within  two  years  aftrr  the  |)assage  of  this  act. 
um«iium  o»  §  I'^-  -"^11  the  stockholders  of  said  comj)any  shall  be 
severally  individually  liable  to  the  creditors  of  said  com- 
pany, to  an  amount  equal  to  the  amount  of  stock  held  by 
them,  respectiv*  ly,  for  all  <lebts  and  contracts  made  by 
said  company,  until  the  whoir  amount  of  capital  stock  fixed 
and  limited  by  said  company,  or  by  this  act,  shall  have 
been  jiaid  in;  and  shall  !)»•  jointly  and  severally  liable  for 
all  debt.w  ihal  may  be  due  and  owing  to  any  or  all  their 
laborers,  servants  and  apprentices,  for  services  performed 
for  said  company,  but  shall  not  be  liable  to  an  action 
therefor  before  an  exocuiion  shall  \n\  rtturned  unsatisfied, 
in  whole  or  in  parf,  against  said  comj)any,  and  then  the 
amount  due  on  said  exfcution  shall  he  the  amount  recover- 
able, with  cott,  againit  said  stockholders. 

fj  UK  This  act  shall  be  deemed  and  taken  as  a  public 
act,  aiid  shall  be  in  force  from  and  after  its  passage.  The 
work  upon  said  road  '.hall  commence  simultarMOUsly  at 
Eli/.abcthtown  and  at  a  point  near  the  centtT  of  the  dis- 
tan  ^e  of  said  road,  an<l  [.rognsH  northwestwardly  from  said 
points,  with  all  reafonahle  disjiatch. 
Aj-pfcovED  Feb.  11,  1H.07. 


wxtfciiilff*. 


449  1857. 

AN  ACT  to  incorporate  the  "Peroi;i  Starch  Mai.iifactiiring  Company."  Feb.  ii,  iS67. 

Section  1.  Be  it  tnacttd  by  the  people  of  the  slate  of 
///tnoiSy  repreaenled  in  llie  (ieneral  ^/isstrnh/ij.  That  U<riry 
ISIaiisfielil,  Natlianirl  S.  Tii(ker,  Keiilnn  Kowle),  A.  L.  Bo«iy  politic  «»«i 
Mf  ri  iinaii  ami  Juliiis  INIaiuiiii},',  and  sucli  persons  as  ^:|lall  be-  "=*''■''"'■'''*• 
come  subscribers  tc)  tbe  capital  stock  liert inalter  intntion- 
ed,  l;e  ai\(.l  they  hereby  are  created  a  body  politic  and  cor- 
porate, by  the  style  and  name  of  the  *'Pt-oria  Starch  Man- 
utueturiiifT  Company;"  and  by  that  name  they  und  their 
successors  shall  have  perpetual  succession,  and  .'^hali  be 
capable  of  suin*^  und  being  sued,  pleading  and  beiijg  im- 
pleaded, answering  and  bting  answered  unto,  in  ail  courts 
of  law  or  equity;  to  have  and  use  a  common  seal,  and  al- 
ter the  same  at  their  pleasure;  to  make,  amend,  alter  or  re- 
voke by-laws,  for  the  government  of  said  company;  to  hold 
and  dispose  of,  in  any  manner,  real  estate  and  an}  peisoiial 
property  of  any  deseiiption,  whether  a«  q»ured  ti}  pur- 
chase or  otherwise;  to  manufacture  s  arch  or  any  other 
thing;  to  purchase  and  use  all  materials  lor  such  manufac- 
ture, or  to  i)rocure  the  same  by  baiter  or  exchange;  to 
vend  such  starch,  so  manufactured,  and  such  mateiial  or 
other  species  of  personal  goods  and  effects,  if  by  said  com- 
pany deemed  e.xj)edient;  and  generally  to  do  and  ptrJorm 
iUl  other  proj)er  and  needful  acts  as  done  by  corporations. 

§  2.  The  capital  stock  of  said  company  shall  not  be  Capital  bij.k. 
less  than  forty  thousand  dollars,  nor  more  than  two  hun- 
dred and  fifty  thousand  dollars;  which  may  be  fixed  and 
charged,  withm  these  limits,  hy  tlie  said  company,  at  any 
time,  and  which  shall  be  ai\ided  into  shaus  of  one  hun- 
dred dollars  each. 

§  3.  Af  soon  as  forty  thousand  dollars  of  the  said  capi-  Organitaiion. 
tal  stock  are  subscribed  the  said  company  may  be  organi- 
zed, by  the  election  of  one  ])resi'lent,  one  s»  cretar} ,  and 
three  or  more  directors;  whose  election  shall  be  ctiiified 
by  the  above  named  persons,  or  a  majority  of  them,  in  the 
book  of  said  company. 

§   4.     At  the  first  or  any  other  meeting  of   the   stock-  e>  i«w«. 
holders    they   may    ordain    and     establish     such    by-laws, 
rules  and  regulations,  as  they  may  deem  proper,  toi  the 
government  and  management  of  the  affairs  of  the  said  com- 

^  o.  Said  corporation  may  provide,  bv  its  by-laws,  for  WcetmR*,  •ii- 
its  meeting  ofstockholders,  its  officers,  their  powers  and  du-  **"*  "" 
ties,  and  the  terms  of  its  several  officers,  and  the  manner 
of  conducting  its  affairs  and  business,  and  the  mode  and 
manner  of  transferring  its  stock:  Proviiled^  said  by-laws 
shall  not  be  in  oonllict  with  the  laws  or  constitution  of  this 
state  or  of  the  Uiiiteil  States.  Copies  of  the  minutes,  by- 
laws and  records  of  said  company,  certified  to  be  such  by 
—61 


1S6T.  tr>0 

tlu*  president  ofsaiil  comj>niiv,  w  iih  or  without  (lie  corporate 
Sf.il  of  Shiil  coinpni.)  attaclti!,  .sliall  bt-  rutivtd  f\$  jrafia 
/acit  evitlence  ot  tl;i  farts  tl.iuin  «pj  tariiig,  in  all  courts. 
ti       5   It.     All    tl.o    stockliolticrs  of  said   ccmpHny  shall  be 
■**•      sHVtrall)  and   iidi\iduallj    liable  to  the  crtditois  of  said 
company,  tt»  an  amount  <  (|ual  to  the  amount  of  stock  held 
by  them,  respeotivel) ,  Jur  all  debts  of  said   ccunpany,  and 
till    contracts    made     by    said    comj  any,   until   the    whole 
amount    of   capital    >tock    fixed    and   h«ld    by    said   com- 
pany shall  ha\e  bet  n  paid  in,  and  a  certifu  ate  thereof  shall 
iiave  been  made  and  recorded,  as  is  ]>rescribed  in  Jie  fol- 
lowing section.     And  the  capital  stock  so  fixed  and  limited 
shall  all  be  paid  in,  one-hall  vithin  onejvar  and  the  other 
half  within  two  years  from  tlu   incorporaiion  of  said  com- 
pany, or  such  c«>rpoiatiun  shall   be  dissolved. 
AVprovkd  Feb.  11,  IS.')?. 


mmi  ^«tti:«. 


r.k.  II,  I&57.       AN  ACT  to  incorporate '-The  I'orfst  City  Hotel  C.)mpM)y,"  of  Rockford, 

Illiiiuis. 

.Skctio.n  1.  Itr  it  cnucti'd  hy  the  jnojilv  itj  lite  s/a/e  of 
Il.'inuis,  rtprcsiti/ti/  in  the  Genera/  ^Jsseinhhj,  That  all 
mkIi  persons  as  shall  ht-uaftir  bt-cdnie  subsci  ibeis  to  the 
stock  lit  reafter  described  shall  be  and  they  art-  hereby  con- 
Sliluted  and  declared  a  body  corpo)at«-  ami  j  olitic,  by  the 
naoie  and  stjle  of  "The  Forest  City  lloltl  Company," 
from  and  aflt-r  the  passdgc  of  this  act;  and  by  that  name 
they  and  their  8uccr«sor.s  shall  ha^r  succession,  and  shall, 
in  law,  be  capable  of  suing  and  being  sued,  plead  and  be 
impleaded  in  all  courts  and  places  wl  ate\er;  may  have  a 
common  seal,  and  alter  the  same  at  pleafiure;  and  their 
successors  may,  al.<?o,  by  that  name  and  st3l«',  be  capable, 
inlaw,  of  purchasing,  hidtiing  and  conx  (}iMg  n  al  and  per- 
sonal estate,  for  the  benefit  of  said  company. 

^  1.  The  said  romjiany  hereby  iiicorptnated  shall  have 
power  to  erect  a  hot<d,  in  the  city  of  HoclJord,  Illinois,  and 
touscsiicli  powers  and  privileges  in  th(Mii-ction  and  man* 
bgement  of  said  hotrl,  not  inconfiistent  with  the  lavs  of  this 
state,  as  may  bo  conducive  to  the  ititeresls  of  said  com- 
pany. 

5  '/.  Anson  S.  Miller,  Thomas  I).  Robertson,  Newton 
Crawford,  (ieorg*-  ll.i'.kril,  Cliailt;^  J.  llorsman,  Thatcher 
Bl.ik*'  and  Henjamin  Kilboorn,  of  the  city  of  Rockford,  or 
a  majority  of  them,  are  hereby  appointed  commissioners 
lo  obtain  subscription";  after  giving  ten  days'  notice  in 
somft  newspaper  in  said  city,  may  op<-n  books  for  the  F.ub- 
icriplion  of  said   stock  at  such  times  and  places  as  they 


451  1857. 

may  direct,  and  require  of  every  subscriber,  at  the  time  of 
subscribing,  to  pay  said  commissiomis  ten  dollars  for  each 
sliare  siibscribeil;  <ind  wliett  sucli  subscription  shall  amount 
to  the  sum  of  five  thousand  dolhirs  said  comuiissinners shall 
call  a  meeting  of  said  stockholders,  at  Kockloid,  after 
gi\ihg  notice  to  each  stockholder.  And  the  capital  stock 
of  sa'd  C(»mpanv  may  be  one  hundred  thousand  dollars; 
and  the  shares  in  the  slock  of  said  company  shall  be  fifty 
dollars  each. 

^  4.  At  the  said  meeting  the  stockholders  of  said  com-  Eioct  dirtcUiM 
j)any  shall  proceed  to  elect  five  directors,  who  shall  man- 
age, direct  and  govern  the  aliairs  of  said  company  one  year 
from  the  period  of  this  election,  and  until  their  successors 
ar»'  elected  and  qualified;  and  at  every  election  each  stock- 
holder shall  be  entitled  to  one  votf  for  each  share  he  may 
hold,  and  a  majority  of  all  the  votes  given  shall  be  rt  quir- 
ed to  make  an  election.  The  period  of  election  of  direc- 
tors, as  aforesaid,  shall  be  held  annually,  on  the  first  Mon- 
day of  the  month  in  which  the  first  election  shall  be  held, 
unless  changed  by  a  vote  of  the  stockholders,  at  an  annual 
meeting,  or  otherwise  provided  for  or  changed  by  the  by- 
laws of  the  company. 

J;  5.  Within  ten  days  after  the  directors  are  chosen,  as  si'ttimj, of  di- 
aforesaid,  they  shall  hold  a  meeting,  at  which  and  at  all  *  "^ 
subsequent  meetings  ot  said  board  a  majority  of  the  direc- 
tors shall  constitute  a  quorum;  and  they  shall  procetd  to 
the  election  of  a  president  from  their  own  body;  a  secretary, 
who  shall  be  sworn  by  some  justice  of  the  peace  to 
faithfiilly  discharge  his  duty,  and  who  shall  recc^rd  this 
charter  and  the  by-laws  and  the  proceedings  and  all  votes  of 
the  corporation  in  a  book  kept  by  him  for  that  piirjiose, 
who  shall  give  bond,  to  such  an  amount  and  in  such  man- 
ner as  said  president  and  directors  shall  direct;  and  the 
board  shall  appoint  all  other  officers  and  agents  as  to  them 
shall  seem  necessary. 

§  <j.  The  corporation  shall  have  power  to  call  sucli  c«iuoim«f». 
jiortion  of  the  stock  subscribed  every  sixty  da3s,  as  they 
tiiink  proper,  to  be  paid  at  such  time  and  place  as  they  may 
designate,  by  giving  thirty  days'  notice  to  each  stockhold- 
er in  writing,  or  publishing  the  same  in  some  newspaper  in 
said  city,  in  which  shall  be  specified  the  amount  required 
on  each  share,  and  the  time  and  place  of  payment;  and  if 
any  stockholder  shall  neglect  or  refuse  to  pay  such  call, 
within  ten  days  after  the  time  named  for  such  payment,  the 
corporation  may  bring  suit  against  any  delincjuent  for  the 
amount  due  and  called  for  in  any  court  of  comj)etent  juris- 
diction, and  recover  the  same,  with  ten  per  cent,  interest 
per  annum;  and  if  the  amount  cannot  be  made  on  execution, 
or  if  said  delinquent  is  out  of  the  state,  then  the  corpora- 
tion may,  by  an  order  on  their  books,  declare  such  stock 


forlViteJ  to  the  company  with  wliatcvcr  amount  inav  have 
been  paid  thert'on;  atul  such  tli'liuquint  sliall  foift- it  all  his 
rights  as  a  stockholder. 

§  7.  The  said  directors  shall  liave  power  to  borrow 
money,  for  the  use  of  said  corporation,  and  secuie  the 
p«_Mnint,  by  mortgage  or  otlurwise,  \ij)on  the  coi]  orate 
property. 

J  f*.  The  said  president  and  directors  shall  have  power 
to  make  and  establish  all  such  by-l»\\s,  rules  and  h  gula- 
tions  as  shall  be  necessary,  and  not  inconsistent  with  the 
laws  of  the  state,  which  may  be  necessary  for  the  ])ay- 
m<  nt  or  colIectit>n  of  the  subsciiptii  n  to  this  stock  or  the 
transit  r  of  the  same  and  (if  projntj  tl  a'  may  in  an\  other 
way  Concern  the  manageratnt  and  diiectijui  of  the  jiflairs 
of  said  c  omoan}  . 

^  9.  Thlf  act  shall  be  constr»ie<^  fa^•orahly,  in  all  ( (  rrts, 
and  shall  be  in  force  until  a  jiiajority  ot  the  stockholilers 
may  vote  for  a   dissolution. 

Approvkd  Feb.  IL  18 ")7. 


ftt  ii,Ti7.       AN  ACT  to  iiicorporiitc  ILc  Cairoll  Cotinty  Coal  and   INIii.ing  Contjian)*. 

Skctiun  1.   IJf   it  eiuicted  hy  Ihc  people  oj  the  state  of 
llUnoLf^  rejireseiiled  in  the  Gvueral %.lssvmhfij.  That  Ahrain 

»:  :•  .-.r^-ii  Ilastelli-r,  Abram  Siimmey,  J(din  L.  Ilasteller,  and  their 
as^ociatfS  and  succts'^ors  ar*-  hereby  constituted  a  body 
politic  and  corporate,  l>\  the  name  and  style  of  "The  C/ar- 
roll  County  Coal  jumI  -Minini;  Cinpany;"  with  peijn  tual 
fucce<9iun,  for  the  purpose  oi  mining  and  exploring  for 
Coat,  lead,  iron,  7.\nc  and  other  nutals,  ores,  and  mint  rals, 
and  by  that  name,  with  power  to  c(»ntract  and  be  contract- 
ed with,  to  fiue  and  be  su)  d,  ph-ad  and  be  im|)leaded,  ap< 
pear,  |»rosecule  and  defei.d,  in  smy  court  of  law  or  etjuity, 
in  hII  b!iit<  and  actions;  have  a  common  seal,  with  the 
priviUgH  to  alltT  the  saiin*  at  pliasure;  and  may  borrow 
money ;  purchafe,  hohl,  .sell,  mortgage,  transfer  and  con- 
vey any  real  or  personal  estate  and  property;  ma\  make, 
erect  ami  construct  shnfffi,  jiits,  races,  ro.ols,  furnaces, 
fi>rge«,  mills,  buihlings,  and  all  (»thrr  woiks  necessaiy  for 
carr)iiig  on  their  operations;  hold  mining  rights,  and  shall 
enjo)  all  the  privileges  incident  to  corj)oralions  for  such 
purpo«en,  and  possess  all  the  rights,  powers  and  imn. uni- 
ties iM-e*  "i^ary  to  execute  and  carry  on  such  bufiines.". 

ori*ft»Miv«*.  J   'J.  The  persons  named  in  this  act  shall  have  power  to 

organize  the  said  company  by  the  ajipointmcntof  such  offi- 
cers or  managers  as  th<y  may  deem  ncctsaary,  who  shall 
have   power  to   make    by  l.iws  fi' in  time   to  time  fur  the 


453  1857. 

management  of  tlieir  business,  not  inconsistent  with  the 
law-!  of  this  slatw  or  the  United  States. 

§  :').  Tho  Cdjjital  stock  of  said  company  shall  be  not  Cttiuiftock. 
less  tliau  twenty- five  thousand  dollars,  and  may  be  in- 
creased to  any  sum  not  exceeding  five  hundred  thousand 
dollars,  and  shall  h.ive  power  to  take  real  i  nd  personal 
property  ii  payment  on  subscription  to  its  stock,  at  such 
prices  as  ihey  may  tliink  ]»roper  and  expedient  for  the 
comj)any. 

§   4.      Said  company  shall  have  power  to  construct   on  r.ncr   {■->  ci/n- 
lands  beloni^irii^  to   them,  a  branc'i  or  side  frack  railroad,    '"^"'^^ '■""••• 
to  onnect  witii  the  Racine  and   Mississippi  railroad,  and 
with  their  mines,  and  operate  the  same  for  the   exclusive 
benefit  and  advantage  of  the  said  Carroll  County  Coal  and 
Mining  Comjtany. 

§  5.     Tliis  act  shall  he  deemed   a  public  act,  and   take 
effect  from  ai,d  after  its  passage. 

Approveu  Feb.  11,  1857. 


A,N  ACT  to  extend  an'i  ameml  the  charter  of  the  La  Salle  cotinty  Mutual  r«b.  II,  1851. 
Life  [Tire]  Iiisuraiice  Company,  apiJioved   March  3,  1813. 

Section  1.      Be  it  enacted  hy  the  people  of  the  state  oj 
llliivii>i^  represented  in   the    General  JJ^sem'ilij^  That  tlie 
time  limited  in    the  first  section  of  the  act   incorporating  ti:aecxi<?nde<i. 
said  company  be  aiul  the  same  is  hereb}-  extended  for  the 
terra  of  twenty  years. 

§  "2.     Any  tive   members  of  the  board  of  directors  m:iy  <j,iorura. 
hereafter  constitute  a  quorum  for  the  transaction  of  busi- 
ness. 

§  3.  The  directors  of  the  company  may  be  and  they  lossw. 
are  hereby  authorized  to  settle  and  pay  all  losses  at  one 
uniform  period  in  each  year,  subsequent  to  the  annual 
assessment:  Proridrd,  \\\Ai  ineml)ers  sustaining  losses  or 
damage  by  fire  shall  be  allowed  interest  thereon  from  the 
time  due  notice  has  be«n  given  of  such  loss  until  payment 
is  made. 

§  4.     In  all  suits  by  or  against  said   company  any  mem-  wiin^vrs. 
ber  (»f  said  cnmpany  shall  be  a  competent  witness,  except 
in  suits  in  which  he  or  she  shall  be  directly  a  party  :    Pro- 
vided^ that  such  [>erson  sliall  not  bo  otherwise  disqiialifud. 

§5.      The    records  of  said    comp;in} ,  or  copies    thereof  Rircid.eTidcnc* 
duly  aut  icnticated  by  the  signatures  of  the  president  and 
secretary,  shall  be  compf  tent  evidence  in  any  suit  in  which 
said  company  may  be  a  party. 


1S57.  454 

1-  -.  tr.  f  J  Ck  In  case  it  shall  become  necessary  to  resort  to  tlio 
V  on  the  property  insured  the  treasurer  shall  iliinniul 
::\cut  of  the  injured,  or  his  legal  rrjuesontative,  ami  of 
ihr  tfuant  id  possession;  and,  in  case  of  nonpnjinent,  said 
company  ina\  sustain  an  action  on  the  deposit  note,  aiid 
thfir  exerution  may  be  levied  on  the  insured  prtmises; 
and  tlie  officer  making  the  levy  niay  sell  the  whole  or  any 
j>art  of  the  estate  at  auction,  givinj^  notice  and  proceeding 
i'l  tlie  same  ni;innor  as  is  requiri  d  in  sales  untier  execu- 
tion, or  may  proceed  in  ecjiiity,  at  the  option  of  said  com- 
p  ny. 

»♦.:.      •  (  ".     If  any  person  or  persons,  who  are  orshall  become 

members  of  said  company,  by  effecting  insurance  then  in, 
t!n  ir  heirs,  executt)rs,  admiiiistrafors  or  assigns,  shall 
neL;!  ct  or  refuse  the  payment  of  any  asseftsinent  or  assess- 
ments duly  ordered  by  the  directors  of  saul  com|)any,  for 
the  term  of  thirty  days  after  the  same  shall  have  become 
payable,  agieeable  to  public  notice  by  the  treasurer,  the 
parly  so  in  default  shall  be  exc'uded  Hud  d(  haired  from 
and  shall  lose  all  benefit  and  aiivantage  of  his,  her  or 
their  insurance  or  insurances  respt  cti\ »  ly,  for  and  duiing 
the  term  of  such  d(  fault  or  i!ori]>a}  nu  lit,  and,  notwitlis1a"d- 
ing,  shall  be  liable  and  oblig»d  to  na>  all  assessments  that 
shall  be  made  during  the  continuance  of  his,  her  or  their 
policies  of  insurance,  pursuant  to  the  provisions  of  the  act 
to  which  thi-:  is  an  amei  dment 

uint ptf*'^7.  ^  8.  In  all  cases  where  real  or  ))ersonal  proj^erty  in- 
'•irrd  by  said  company  shall  becoiiu-  alienated  hy  sale,  by 
r  lange  of  partnership,  or  ownershij),  or  otherwise,  the 
policies  issued  thereon  shall  be  void,  and  shall  be  surren- 
dered to  said  company,  to  he  canceled  ;  and  said  com- 
pany shall  not  be  lia'jle  for  any  loss  and  <lamage  which 
may  happen  to  any  property  after  such  ali; nation  as  alore- 
Fai<l,  uiiles3  the  p(diei«  s  issued  the  reon  shall  have  been 
duly  assigned  or  confirmed,  by  the  consent  of  the  director.*, 
to  the  actual    owner  or  owners   thereof  previous  to   such 

A'ttmmtmi.  |o««  Of  damage;  and  no  policy  issued  by  said  company 
shall  be  deemed  to  have  lieen  assigiM  d  or  coiinnned  unless 
the  consent  of  the  <lireelf  rs  to  siieh  assigninent  or  confir- 
niitiort  i««  certified  in  sii^/t  jmliey,  hy  the  secretary  of  said 
r')"i(iany. 

cm»  i  txt...^.:  >  .'.  Any  person  appl>!i>g  for  insurance  in  this  com- 
j  Hoy  may,  in  lien  of  the  |)reiijiiiin  note  r'(|uired  in  section 
eii'.'  . if  the  charter  off-aid  ((impan),  pnj  »  cash  pKmiiim 
'  ;m  or  sumM   »<i  may  be  fixed  n|i(iri  hy  the  diieeiors 

(  ;  '  '.injiar.y  fi»r  the   cla.^s  of  prripeil^  to   he  insured  ; 

and  tl»e  persofis  so  electifig  to  pay  such  ea>h  premium  shall 
bp  fxemjit  from  all  the  liabilities  to  wl  irh  other  members 
of  said  company  are  snhjfctcd,  and  ••hHll  not  be  entitled  to 


455  .  1857. 

onyoftlie  profits  or  emoluments  arising  from  l];e  opera- 
tions of  said  company. 

5  I'l.     AH  the  moneys  receix'ed  from  persons  electing  to  rrnninm*,  uo* 

...»  '  ill  #l>i'UL*'l. 

pay  a  casli  })rcminm,  in  lieu  of  a  premium  note,  sliull  be 
apj)lie(l  to  the  payment  of  the  losses  and  expen.>es  of  the 
company  the  saide  as  other  receipts  ;  and  all  losses  ocenr- 
rinj^  upon  polices  issued  to  j)er.^on^  so  electinf;  shall  he  as- 
sessed upon  the  premium  ndtes  hehl  by  sai<l  company,  as 
is  provided  in  otiier  cases  by  the  charter  of  said  comjtany. 

6  11.     Tliis    company   are  hereby  authorized    and    em-  !»f»ri"e     ''^■" 

1  1  •  •  11  unco, 

powered  to  make  marmc  insurance  upon  vessels,  boats, 
g">ods,  merchandize,  grain,  freights,  moneys,  bottomry, 
respundcntia  interest,  and  on  all  marine  rislcs,  and  inland 
navigation  and  transportation,  in  any  j)art  of  tlie  United 
States  or  Canadas,  an  1  they  may  cause  themselves  to  be 
reinsured  upon  all  fire  and  marine  risks  upon  whic!»  they 
may  have  made  insurance,  and  upon  the  interest  they  may 
have  in  any  property  by  virtue  of  sucli  insurance,  on  such 
terms  and  conditions  as  m;iy  be  agreed  ui)on  by  the  parties 
thereto. 

§  1'2.  This  act  shall  not  affect  the  rights  of  any  person  rr.,»i«9. 
or  persons  who  h?ve  become  members  before  the  passage 
of  this  act,  unless  such  persons  assent  to  the  provisions  of 
the  same,  by  themselves  or  proxies,  at  tl  e  next  anntial 
meeting  of  said  comj)an)',  or  signify  their  assent  in  writing 
directed  to  the  board  of  directors. 

§  13.     So  much  of  the  act  to  which  this   is  an   amend-  Repeat 
ment  as  is  inconsistent  with   tliis   act  be   and   the  same  is 
hereby  repealed. 

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

Approved  Feb.  11,  1857. 


AN  ACT  to  incorporate  the  Tolono  aii'I  P.ina  Railroad  Companj'.         r^b.  ii,  i-67 

Section  1.  lie  if  enacferf  h}j  the.  penph  of  the  state  oj 
f/tinni'i,  represented  in  the  Ge)ier/it  .^s?r;n '•///,  1  hat  John 
B  Callioun,  ^o'm  Condit  Smith,  John  R.  Eden,  Sheridan  Body  correct* 
Wait,  Robert  Smith,  William  H.  Walker,  John  A.  Free-  »'"'p*""^- 
land,  James  FIder,  Charh^s  W.  Nabb,  O.  B.  Ficklin,  A.  L. 
K'dlar,  F.  N.  Ijarman,  Philip  Larman  and  R  I*  Mason 
and  B.  F.  Carver,  their  associates,  successors  and  as- 
signs be  and  they  are  hereby  constituted  a  body  corporate 
and  politic,  under  the  name  and  style  of  "The  Tolono  and 
Pana  Railroad  Company,"  for  the  purpose  of  surveying, 
lopating,  consfructitig,  completing  and  oj)erating  a  rail- 
road  from  Tolono,  in  the    county   of  Champaign,  in   the 


!<*.:.  450 

>i.nf  ol  Illinois,  aiul  ilu-noe  uj)on  tlie  iwosi  t'ligihle  route, 
bv  \r*y  ol"  S«»l!ivi:n,  in  ilif  cniuitj  oi  Mtiultrt- ,  to  llie  town 
ol  Pana,  in  the  coniitij  «.f  Ctirisiimi,  in  said  state  of  Illi- 
noi"*,  wltenevt-r  llu*  siiiJ  juisons  oitlitii  bssi^ns  ami  asso- 
ciated shall  oigdnize  in  tuil  conipiiaiK-e  with  tlie  provisions 
o{  :in  ai't  ei.litieil  "An  act  to  proviilo  liy  a  (general  s}stem 
ot"  lulroad  inrorporation?,"'  ajjjiroved  November  fith,  A. 
D.  1>41>. 
ft.>«ki  u  uk»  ^  J.  Said  rojul,  witii  the  jioints  above  herein  indicated, 
r-i'^p  r  .-  .^  ,,.  nbj  declaied  ut  siirtieieiit  public  titilit^  to  jiistil>  the 
takni^  of  piivate  property  f(>r  the  locatidii,  construction 
and  iiii*inteni<nce  thereof;  and  tlie  ccnipau}  is  hereby  au- 
tliorizt'ti  to  lake  ]>rivate  property  for  the  purpose  of  con- 
8triicl>n(;  an<l  niaiiit<iiniiiir  the  same  in  the  manner  pre^cri- 
be«l  in  l''e  act  reft  rr»  d  to  as  aforesaitl. 

§   '.\.     This  act  shall  lakt;  effect  and  be  in  force  from  and 
after  itN-  pas.-»ac;e. 

Ai'PKoVKn  Feb.  11,  1S57. 


r»*  It,  1987        AN  ACTIO  incorporate  '•TtiP  IV'oilliTii  Illinois  I'ire  and  Marine  Insurance 

Coiiipany." 


C'^rpori  Vrt 


•»«r»1  prmtrt 


perils  of  marine  or  inland  navi^ntion  ;  lid,  to  cause  thei 
neh  I--*  t'.  be  reinsured  again't  in.v  risk  on  which  they  lui 
mad«r  ininrance 


iij>:    iii^  III  aiiuc. 

5  •"»       All  the  corporftfp  p')u<  rs  of  said  conip;)iiy  shall 
erci<rcd   by  a  board  of  jjireitor.",  cotisisting  of  nine  p 


467 


18o7. 


sons,  (all  of  wliom  shall  be  citizens  of  tlie  stale  of  Illinois,) 
and  Mieli  oflRceis,  cleiks  and  agents,  as  tiiesaid  boaid  niny 
api" ml.  Tlie  directors  sliall  IjoIcI  lln  ir  <  ffice  tliiM  jiais 
and  until  others  are  elected;  tlu}  shall  fleet  lioni  tin  ir 
owi  f'txy  a  pri'sidint  and  vice-piesident,  v  ho  sh  ll,  rteli, 
res)  tttivel},  hold  office  during  the  afoiesaid  tnmo'  three 
years  and  until  others  are  elected,  but  nothing  hen  in  .vhall 
be  sk  construed  as  to  prevent  a  director  or  oiher  otiieer, 
wlu.M'  tern>  has  exjjircd  or  is  about  to  expire,  fjoni  heiig 
again  eiiyihic.  Fi\e  mtuibers  of  the  board  shall  conslJtule, 
a  qo.  nan  for  the  transaction  ol  business.  The  perso;,s 
pane  d  in  the  first  section  of  this  act  shall  couitiiute  the 
(Irst  l)oard  of  directors.  , 

S  4.     The  board  of  directors  shall  have  power  to  fill  any  vnrnnrici,  %u*. 

...  11  Iff.       OcIlSjfcC. 

Vacrtucy  that  may  occur  in  their  own  body — a  plurality  of 
votes  constituting  a  choice.  They  shall  also  chouse,  in 
the  -iiuie  manner,  previous  to  the  triennial  election  ol  di- 
rec'i'is,  thiee  inspectors  ofsudi  election,  whose  duly  shall 
be  to  canvass  the  votes  cast  thereat  ai.d  declare  the  result. 
The  said  inspectors  shall  also  be  judges  of  the  qualifiea- 
tion  of  voters.  Notice  of  such  elections  shall  be  gi\en  by 
publi -ation  in  one  or  more  daily  newspapers  publish*  d  in 
the  city  of  Chicago,  at  least  ten  da}s  previous  thereto, 
over  the  signature  of  the  secretary  of  said  company. 

^'  .").     Every  j»erson  or  firm  taking  a  policy  of  insurance  Member*. 
from  tlie  said  com[>any  shall   thereupon   become  a  mimher 
thereof,  and  shall  at  all  elections  ol  directors  theiealer  be 
entitled  to  vote,   upon   his  or  tlieir  dividend   certilicates, 
issued  as  hereinafrer  provided,  in  the  ratio  of  one  vote  for 
eacli   t^^enty-five   dollars  of  such  certificates :    Provi(/eo\  Tujito. 
that  if  any  such  election  shall  be  held  in  accoidance  with 
the  pro\isioiis  of  this  act,  previous  to  the   first  dividend  of 
profits,  each  member  of  said   company  shall  be  cntitlerl  to 
vote  thereat,  in  the  ratio  of  one  vote  for  every  fifty  dollars 
of  {>iemium  previously  paid  to  the  company:  JimLjiniviiUd^  proviso. 
that  in  no  case  shall  any  person  or  firm  be  entitled  to  more 
than  filty  votes,  except  as  hereinafter  provided. 

^'  'J-  It  shall  be  the  duty  of  the  corporators  named  in  Orgj>ni««tit.a. 
this  act,  or  a  majority  of  them,  within  two  years  alter  this 
act  trtkes  effect,  to  open  books  to  receive  applications  for 
insuiance  to  be  effected  by  said  company,  and  after  the 
receipt  of  such  apjdications  to  the  amount  of  fifty  thousand 
doll:  ;s,  the  Looks  may  be  closed  and  the  company  organ- 
ized :  Providul^  that  if  the  corporators  nanitd  lit  rein  or  PreTi*©. 
any  otiier  person  or  persons  desiring  to  become  members 
of  ti  i^  compa' y  shall  'U-posit  with  the  officer.;  of  said  com- 
pari)  I. is  or  their  judgment  note,  secured  on  unincumbered 
real  estate  within  the  state  of  Illinois,  then  when  the 
amount  of  stich  notes  and  mortgages  shall,  in  the  aggre- 
gate, amount  to  the  &um  of  fifty  thousand  dollars,  the  com- 


1^.=>T.  458 

p.inv  sliall  he  pon-s'ule^reil  orc;.nnzt'(l,  and  fald   notes  and 
ini>rt<;ag«'S  shall  lu»  styled  ''stock,  notes  and  mort^nocs." 

rr«»t c a  c. ••.««.  ii  ^-  ^^"^^  t''^"  better  sectirity  of  polio)  holders  the  said 
coinpatiy  may  receive  notes  for  jtremiuins  in  advance,  ap- 
proveil  by  the  boanl  of  directors,  from  persons  intending 
to  receive  its  policies,  and  on  such  portions  of  said  notes 
as  sliall  exceed  the  amount  of  premiums  that  may  have 
accrueil  on  policies  hehi  hy  the  sij;ners  tlu^roof  at  the  suc- 
cessive p«  ri«)ds,  shall  make  tip  its'  annual  statement  as 
hereinafter  provided;  a  compensation  may  be  allowed  the 
siijners  thereof  in  consideration  of  sUch  f^uaranty  at  a 
rate  to  be  determined  by  the  board  of  directors,  but  not 
to  exceed  ten  j)er  ce;.t.  per  annum;  such  notes  shall  be 
entitleil  to  rej)resentation  at  elections  of  directors,  in  the 
same  ratio  as  dividend  certificwtes,  and  shall  be  liable  for 
losses  whenever  the  cash  premiums  theretofore  received 
are  insufficient  to  pay  the  same.  Tiie  ])rovisions  of  this 
section  sh;iU  also  aj>ply  to  the  notes  madt*,  executed  and 
delivered   to  said   company  as  described   in  sec.  7  herein  : 

fM*^*»-  Providcil,  that  the   assessments  so  made   on  such  notes, 

described  in  sections  7  and  8,  shall  be  reiml)ursed  from 
the  funds  of  the  company  before  any  dividends  of  profits 
shall  be  made. 

ivKkpoirtcs.  ^  '.^  It  shall  be  lawful  for  said  comj)any  to  issue  stock 
policies,  so  called,  tf)  ])ersous  n(;t  desirtius  of  participatin<» 
in  the  profits  or  1  isses  of  the  eomi)any,  and  all  guins  or 
losses  on  such  policies  shall  bo  jiasN^ed  to  the  accoiint  of 
profit  and  loss  on  the  books  of  the  compaiiy. 

Ut9-  ^  10.      It  shall  be  lawful  for  the  said   company  to  invest 

their  fiind<  in  bonds  and  mortgages  nn  utiincuml>ere{l  real 
estate,  worth  fifty  per  cent,  more  than  the  sujn  loaned 
thereon,  and  in  any  stocks  created  by  or  under  the  laws 
of  this  sta'e  or  of  the  United  States,  and  on  b'^ttomry  and 
respondentia  or  otherwise,  at  the  di-jcretion  of  the  board 
of  dirrctor^,  and  to  change  and  reinvest  ilie  same. 
•)iu.  §  II.  I5y  the  first  day  of  .Iu!y,  1^'tS,  an<i  annually  there- 
after, the  officers  of  the  com|>aiiy  shall  cause  a  true  state- 
ment of  it<»  affairs  to  Ik-  mail**.  They  shall  estimate  the 
j»rofit!»,  if  any,  that  have  accrued  on  j)o|icies  issued  during 
th»!  year  preceding,  and  ending  the  1st  day  of  June  last 
preceding,  and  isnurf  certificates  thereof  to  the  holders  of 
»uch  policies,  in  proportion  to  tlu!  Hmount  of  premiums 
paid  Ijy  each.  Such  certificates  shall  hear  an  annual  in- 
tiri'<»t  of  six  per  cent.,  and  vIihII  be  redeeinahle  whenever 
the  i^ciimulated  j>rofits  excej'd  (»ne  hundred  tlM)iHand  rlol- 
l«r«,  fo  fir  and  no  fast  an  the  same  can  he  redeemed  by 
HHcli  rxei-«i<i,  certificateo  for  the  first  year's  profits  taking 
priority,  and  so  on,  fherejiner,  in  regular  successif)n; 
nrverthele**,  fnnli  Miieli  cert ificate  n|i;ill  cont'^in  a  prf)viso, 
that  the  fliicn  therein  named  if   liable  lor  future  losses,  at 


1 


••       .459  1857. 

any  time  previous  to  its  redemption,  as  provided  in  the  7lh 
Bec'tioM  of  tliis  act. 

I        §  12.     The  aiiiuial  statement,  as  aforesaid,  shall  be  full  Publication, 
niul  complete,  and  shall  he  publishetl  in  one  or  more  daily 
I)    wspapers  in  the  city  of  Chicago,  for  two  weeks,  imme- 
diately after  the  same  shall  he  made,  and  on  slips,  copies 

'  of  which  shall  be  del.vered  to  men)bers,  on  request. 

§  ['<j.  Suits  at  law  may  he  jirosecuted  uiui  niai.itained  SnHs  nn'i  »«- 
by  any  member  against  siiid  cor|)oration  for  losses  and 
damages  insured  against  by  them,  if  payment  is  withheld  for 
more  than  sixty  days  after  the  sime  shall  have  been  duly 
proven  up;  and  any  member  of  the  company,  not  being  in 
fiis  individual  capacity  a  party  therein,  shall  be  deemed 
a  compeient  witness  in  any  suit  against  the  connj)any.  All 
process  against  the  said  company  may  be  served  upon  the 
president  or  secretary.  Tlie  otiice  of  said  company  shall 
be  located  and  kej)t  in  the  city  of  Chicago.  Nothing  con- 
tained in  this  act  shall  be  so  construed  as  to  transfer  any 
banking  privileges  whatever,  nor  shall  any  certificate  or 
evideiicf  of  stock  or  debt  be  allowed  to  circulate  as  money, 
under  the  jjenalty  of  fi/ifeilure  of  the  charter. 

§  It.     This  act  shall  be  taken  and  deemed  a  public  act,  rubiio*  i. 
and  shall  take  ♦'ffect  from   and  after  its  passage,  and  con- 
tinue in  force  fitty  years,  but  may,  at  any  time,  be  altered, 
amended   or   repealed    by  the   legislature  ot    the   state  of 
Illinois. 

AiTRovED  Feb.  11,1857. 

% 


AX  ACT  to  incorporate  tlie  La  Salle  Bridee  and  Ferry  Company,  and  to  Te''.  li,  1S57. 
authorize  the  Luildinfi:  of  a  bridge  across  the  Illinois  river,  at  La  Salle. 

Section  1.     Be  it  enacled  by  the  people  of  the  state  of 
r/finotsy  rrpreaeutcd in  the  Otiieraf  .Isfiemh/ij,  That  Sidney 
Daiiow,  Wescottll.  Field,  Orville  N.  Aflams,  Ira  Todd  and  dmt  r"iitic  and 
James  leaning,  or  either  of  them,  and  their  or  his  associ-    ''"""'*"'• 
ates,  are  hereby  created  a  body  politic  and  corporate,  by  tho 
name  and  style  of  "The  La  Salle  Bridge  and  Ferry  Com- 
pany;" and  by  that  name  shall   have  i)erpetual  euccesfion; 
may  sue   and  be  sued,    plead   and  be  impleaded,  in  ah  the 
courts  of  this  state;  contract  and  be  contracted  with;  may 
make  all  needfil  by-laws   and  rules  lor  the  gnvprnm«'r.t  of 
of  said  company;  fix  the  amount  of  capital  stock  thereof  at 
any  ainouni  necessary  to   carry  into  etTect  the  provisions 
of  this  act;  provide  for  the  management  of  the  officers  of  the 
company,  and  appoint  all  officers  and  agents  deen»ed  ne- 
cessary for  that  purpose. 


1857.  4G0 

J  2,  The  saM  company,  after  its  orgflulzatinn,  sliall 
consist  )f  all  persons  wIid  sl»all  become  stocklioltleis  tliore- 
in;  rnd  in  niuirtgine;  the  atr.urs  of  said  company  taolis(ock« 
lioMer  shall  be  entitlcii  to  one  vote  for  earli  sliait*  t»t  -tock 
belt)  by  liim;  and  in  case  any  town  or  city  sliall  becM^ne 
the  l:.»lder  of  any  of  sai  1  stock,  a-?  Iiereinaltor  i>ro\iileil, 
SdiJ  st.>ck  shall  !».«  n-prespnted  i>y  the  siiper\  isor  of  suoh 
town,  or  by  the  !nayt)r  of  such  city,  as  the  case  may  be. 
^  o.  The  said  eoinpany,  when  ori^anized,  may  con- 
struct and  muint din  a  bridf^e  across  the  Illinois  rive.,  at  any 
point,  nil  suMion  rnsrnber  twenty-two  {'I'l,)  in  township 
numoer  thirt\ -three  (lili)  nortli,  of  ran^e  number  one  east 
of  the  tliinl  prineipal  meriiiidn,  in  the  county  of  La  Salle; 
and  fir  the  purpose  of  erecting  »nd  maintaining  such 
bridge  and  all  sueh  embankments,  toll  houses  and  dwel- 
Iini»  houses  for  toll  collectors,  and  such  other  works  as 
may  be  necessary  for  said  bridge;  and  the  said  comj)any 
is  liereby  authorized  and  empoweied  to  entei  upon,  take 
possession  of  »nil  use  all  sueh  lands  and  real  estate  as  may 
be  necessary  for  the  construction  and  rnaintenance  of  said 
bridg»»,  and  all  such  emij^nkments,  toll  houses  and  dwel- 
ling houses  for  toll  collectors,  and  all  such  other  works  as 
niay  be  necessary  fir  such  bri<lge. 
k#*?  ^  4.  The  said  company  shall,  at  all  times,  after  the  com- 
I'letion  ol  said  bridge,  keep  tlie  same  in  good  repair,  and  al- 
low a  speedy  pas'«!age  to  all  comers,  with  their  animals  and 
vehicles,  and  if  at  any  time  said  bridge  shall  be  out  of  re- 
pair, so  t!ial  the  same  shall  be  impassable  f«)r  the  sj>ace  of 
three  months,  the   same   sliall   iueome  the  projx  rty  ol    >h«j 

rrm^V  city  of    LtS^lle:    /Vwr/VAv/,   that    if  said    liridge   sluill  ho 

dfitroyed  by  fire  or   Ilood  said   company   shall   be  allowed 
time   necessary  to  rebuild  the  sami-. 

§  •'>.  S«iU  company  are  hereiiy  intliorlzed,  after  the 
romplftion  of  said  bridge,  to  jdace  toll  gates  at  either  end 
of  <aid  bridge,  where  they  may  chargr  anil  receive  the  fol- 
lowin;:;  ratei  of  toll  for  cro<»sifig  said  l»ridge,  viz:  for  each 
vebicl.-,  drawn  by  two  hordes,  muh-s,  assen,  or  oxen,  twen- 
ty riMit*;  for  rich  »ddifi«in:il  horse,  mule,  ass  or  ox,  at- 
tached (oMiicli  vehicle,  five  cent";  for  each  one  horse  wagon, 
carriag'*  or  carl,  ten  centw;  for  each  man  and  horse,  five 
eentt;  for  ear'i  hog  <«r  sheep,  one  cent;  for  each  footman, 
thr  ,'  :    Prof'i'lt  i/,  that  ^aid  coriipany  mny  double  th» 

■h  '   affer  iiiiM*  o'clock  in  the    rveiiing  and    before 

dayiigMi  in   the  morning. 

5  0.  Til"  naid  bri<lge  shall  he  deemed  a  public  high- 
way, Within  tlie  intent  and  meaning  of  the  laws  providing 
far  *'  •  iiihno'-nt  of  per'«oris  inj-iiing,  ohsfrir-ting  or  de« 
■tr  iSlic  highways  or  bridge",  in  an)  mHiiner. 

*'*'•**■  J    ••      T/ii*  «  lid     cntnpany    r.iay,    if    dceined     necessary, 

niorlg«g«  tlie  «aid  bridge,  lor  such  ainount  and  upon  fuch 


•kill 


r«ll  $um 


f  rrrta* 


f  «MM  hti%w»f. 


461  18.07. 

terms  ami  in  suoli  manner  as  tliey  may  agree  upon  in  their 
BiticKi!  of  association  or  by  a  \i)te  of  the  company. 

8.     Any    pei-^on    orossinj^  said    hridge    lasttr    than    a  ^f*"**'"'*- 
k',  sliall  forfeit  five  tloilais  to   the   proprie'(»rs   of  said 
bridge;  to  he  recovered  hefore  any  justice  of  the  peace  or 
othiT  court  havirj}^  jurisdiction  of  the  same. 

5  'J.     The  said  conipanv  shall  build  said  bric-Ve  in  sucli  s*""    "ot    ob- 

J  II  •   1      •  ^tlU<•t     D«vi(a- 

Tnaiiner  that   it  shall  not  obstruct  navigation  on  s.-id  river;    nou. 
they  shall  keep  open  at  least  sixty  feet,  at  all  tiines  when 
steamboats  or  other  crafts  navigating  said  river  may  wisli 
to  j>ass  said   bridge. 

§  10.  That  the  city  of  La  Salle,  in  said  county  of  La  '^.'^V.i,^^,';^; 
Salli',  is  hereby  authorized  to  subscribe  to  the  capital  "lo-k. 
stock  of  said  bridge  company  any  sum  not  exceeding  fifty 
thousand  dollars,  or  to  loan  the  credit  of  said  city  to  said  com- 
pany for  any  amount,  not  exceeding  that  amount;  and  f(ji-  the 
puri>ose  of  carrying  the  provisions  of  this  section  into  effect 
gaid  city  of  La  Salle,  through  its  common  council,  are 
hereby  authorized  to  make  and  issue  the  bonds  of  said 
city,  bearing  interest  at  a  rate  not  exceeding  ten  per  cent- 
um ])er  annum,  payable  to  said  company  or  to  any  other 
person  or  persons  or  bodies  corporate:  Pruviihd^  hunt  rer,  rroviio. 
that  wheneversuch  subscription  or  loaning  of  credit  is  pro- 
posed to  be  made,  it  shall  be  the  duty  of  the  commt  n  coun- 
cil of  said  city  of  La  Salle  to  order  a  vote  of  the  taxable 
inhabitants  of  said  city,  who  are  entitled  to  vote  in  said 
cilv,  by  publication  in  all  the  public  newspapers  publish- 
ed in  said  city,  stating  that  on  a  ceitain  day,  not  less  than 
thirty  days  from  such  publication,  a  vote  of  the  taxable  in- 
habitants of  said  city,  who  are  entititled  to  vote  therein, 
will  be  had,  to  decide  whether  ?aid  city  shall  subscribe  or 
loan  its  credit,  as  proposed  by  the  common  council;  said 
publication  stating  the  amount  proposed  to  be  subscribed, 
or  for  which  the  credit  of  said  city  ispio|)osed  to  be  loaned 
to  said  company,  and  the  amount  and  terms  of  the  pro[iosed 
subscription  of  stock  or  loan  of  credit.  Said  vote  thall  be 
taken  by  ballot,  at  the  jdaces  of  holding  city  elections  in 
said  city;  and  if  a  majority  of  the  votes  cast  shall  be  in  fa- 
vor of  the  subscription  ol  stock  or  loan  of  ciedit,  as  the 
case  mav  be,  submitted  to  them  by  said  common  council 
to  be  voted  upon,  ihen  such  subscription  shall  be  made; 
otherwise  not:  Provided^  that  in  case  such  jtroposition  rroTiso. 
shall  not  be  adopted  upon  the  first  vote,  it  shall  be  lawful 
to  submit  the  proposition,  or  any  other  proposition,  [  in  re- 
lation to  the  same  subject,]  in  the  same  manner,  to  a  vote  of 
the  people,  whenever  the  common  council  shall  deem  it 
for  the  public  interest  so  to  do. 

6  11.     Any   township  in   La  Salle    county,    under  the  town.kipt  m*; 
towrnhip  organization  law,  may  take  slock  in  said  bridge: 
ProiiJtd,  that  at  the  annual   townsliip  meeting  iu  such  'io^'*«- 


1S57.  H'.2 

town,  a  majority  of  the  lo^al  voters  voliiig  at  such  town 
met  tini;  shall  vote  to  tak*^  >toek  in  saiii  bri(li;«',  >hall  ile- 
teriuiiie  the  amoimt  (»t"  stoolc  to  be  taken  by  snoh  town  and 
Sdiil  company  shall  liesire  them  to  do  so.  The  suj)er\  isor 
and  town  clerk  of  any  such  town  shall  execute  all  bonds 
or  other  oblii;ations,  on  behalf  of  said  town,  which  shall  bo 
executed  by  the  Vote  of  said  town  at  such  annual  town 
meeting,  to  secure  the  payment  of  the  stock  so  taken  by 
such  towfi  :  Provuled^  that  the  amount  of  stoi-k  so  sub- 
scribed by  any  one  town  shall  nt)t  exceed  one  thousand 
dollar:;. 

ii«t«rt*-4.  ^    \'l.     Tiie  said   biiil«;e  ami   tVrry   comj)any  shall  havo 

the  same  powers  in  relation  to  procurini;  materials  for  tlis 
Conslruetiv)n  of  said  briilt^e  as  is  possessed,  by  law,  by  tho 
Illi.iois  Central  Hailro.wl  Company  in  relation  to  procur- 
ing materials  for  said  road. 

KtdMir*  privf       ^    1;).     No  bridge  shall  be  built  across  said  Illinois  river 
**'■  wi'hin  one  and  one-half  miles  below,  and  two  miles  abovo 

rr««t*».  sai«l  bridge,  for  the  space  often  years:  PrurUnl,  that  said 

company  shall  comjily  with  the  j)rovisions  of  this  act  in  re- 
lation t  )  the  erection  and  rcjiaii  of  the  bridge  herein  pro- 
vided  for. 

TiaM  o«  k«eiD-       §   14.     Said  company    shall   commence  the  erection    of 

ftiac  etKu«A.    gjjj^j  ^,pj,|m.  within  one  year  and  comjilete  the  same  within 

three  years  from  the  paNsage  of  this  act,  or  the  rights  con- 

r'*Ti*>  terreil  by  this  act  shall  be  at  an  end  :    Proriilril^  /loirrn  r, 

that  if,  for  any  go.)d  cause,  said  company  shall  not  be  al)le 
to  commence  i.r  coujpb'te  the  erection  of  said  bridge  with- 
in the  times  aforesaid  then  the  time  above  limited  shall  bo 
and  are  hereby  extended  to  the  period  of  two  and  four 
vear.'*,  respectively;  and  until  snch  times  as  said  bridge 
may  '>e  completed,  within  the  limes  above  limited,  said 
co.npany  is  hereby  authorized  to  operate  a  ferry  ncross 
said  Illinois  river,  at  any  point,  to  be  by  them  selected, 
within  t!io  limits  specified  iti  the  third  section  of  this  act, 
with  all  the  right'*,  fiowers  and  duties,  and  subject  to  all  tho 
provision*,  limitHtimis  and  re-Jtricti  )n^  of  the  general  lawg 
of  thi«  slate  in  r«datir)n  to  fi-rries  and  O-rry  comi)anies. 

^  l'».  In  ca.ie  said  c>mpany  shall  be  unable  to  agree 
with  tli«!  owniT  or  owners  of  any  real  estate  or  any  mate- 
rials to  be  tiiken  from  the  same,  necessary  for  the  construc- 
tion of  sai<l  bri^e,  or  for  the  op<'rating  of  said  ferry, 
said  eompany  Nhall  |>roceed  in  obtaining  the  san)e  in  the 
same  mAhner  now  provided  by  law  for  obtaining  the  right 
of  way  and  mat«-riah  for  the  conslr uclion  of  railroads  and 
lltfl  appurtenances  thereto,  uttd»r'tli'*  general  railroad  laws 
of  till*)  ttate  and  the   umendm(*nts   thereto. 

(10.  This  act  shall  be  deen  ed  and  taken  to  be  a  publifl 
act,  and  shall  be  liberally  construed  in  all  courts  and  places, 
(or  the  purpuie  of  carr)ing  out  the  objects  of  the  aume. 


I 


403  1857. 

§   17.      All  laws  an<]    ])arts  o^  laws  in   conflict  with  the  Lawii  repc»ied. 
provisions  <>f"  tliis    act   arc  Icrcl)}  it  jjcalcd,  and   lliis  act 
shall  become  a  law  from  and  after  its  passage. 

ArPROVKD  Feb.  11,  1857. 


AN   ACT  to  ameiui  .in  net  entitird  "An  act  to  ameiid  an  act  entitled  'an  fc'j.  Il,l5fi7. 
act  to  anilioiizc  Cipoi|;e  W.  Jones  to  estaMish  a  ferry  I'roni  Jordaii'a 
Ferry  to  Dubuque,'  "  approved  Feb'y  2^tii,  165  I. 

Section  1.  Be  it  enacteiU))j  the  people  i>f  the  state  of 
li/inois,  represented  in  the  General  *^ssevilihj,  That  the 
act  to  which  this  is  an  amendment  shall  be  and  the  same  is  AmonJmem. 
hereby  amended  so  as  to  authorize  George  W.  Jonts,  James 
Garniok,  Charles  BoiTy  and  Richard  Visscher,  their  asso- 
ciate.", heirs  and  assigns,  to  enjoy  and  exercise  the  exclu- 
sive privilege,  for  and  during  ttie  term  of  twenty  years,  to 
ferry  across  the  Mississippi  river  from  Dunleith,  Jo  Daviess 
county,  Illinois,  to  Dubuque,  Iowa. 

§  il.  .^tw7y//r/A<?v;mr^^/,  That  sections  three,  four,  five,  sections   refer- 
eight,  nine,  eleven,  twelve,  fourteen  and  s  xteen,  of  chap-    ""^^ 
ter  foity-two,  of  the  Revised  Statutes  of  eighteen  hundred 
and  forty-five,  in  relation  to  toll   bridges    and  ferries,  are 
here  referred  to  ?nd   made  part  of  this  act,  so  far  as  said 
sections  are  aj)plicable  to  ferries. 

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

Approved  Feb.  11,1857. 


AN  ACT  to  change  tlie  name  of  the  Illinois  State  Teachers'  Institute.      Feb.  ll,  1867. 

[Skction  1.]  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  *^sst7nbli/,  That  the 
body  corporate  known  by  the  title  of  ''The  Il.'inois  State  K»me charged. 
Teachers'  Institute,"  shall  hereafter  le  known  only  by  the 
title  of  "The  Illinois  State  Teachers'  Association,"  and 
under  this  title  sliall  have  all  the  powers  and  be  subject  to 
all  the  duties  and  liabilities  heretofore  conferred  upon  it 
under  said  former  title. 

Approved  Feb.  11,  1857. 


1857.  h'.4 

r«ft  11.1907.       AX   AlT  AiiirsiilAlory  of  an  act  «>ntifl»»d  ««An  art  to  jncorporatc  lln»  Chl- 
ctso  aiul  MilwMukt'e  K.tilru.iU  Co'iipuiiy." 

Skction    I.      lie  it  tuiictcJ  bij  the  people  of  the  si,  tc  of 
/V<«  .|>i,    rejirarntiJ  in   lite    Cwinera/  ^h^tvi/f/t/y   Tlu.i    the 

** .  '-  Ciiu'rtgu  Mil  i  MilM'diikft-  Krtilrjad  Citinpany,  iueoriMn  ated 

•^  b)  «ii   net  oi  the   general   assrinbly  of  tliis    slate,  fiintled 

**Aii  a«'l  to  iuC'»r|)i>rate  tlie  Cliioat;o  ami  .Milwaukee  Uail- 
roatj  CoinpaiiN,"  approved  Fibniar}  17,  IS  )1,  be  an. I  the 
same  is  b»  rel»)  autlinri/etl  aiiii  einpowjTiil  to  sell  and  con- 
vey, ill  fee  simple,  any  «i>d  nH  such  real  estate  as  it  now 
owns  oriuay  own,  ami  wbieli.  in  the  jiulginent  of  its  board 
ofdirectikrs,  is  nt)t  neetled  for  the  purpose  of  said  coinn.iny. 
[Said  company]  is  a'so  hereby  empowert il  to  purchase  and 
hold,  in  its  ov^n  name,  siii  h  (»ih«r  re<l,  pt  isonal  or  n.ixed 
property  as  ni  ly,  in  the  jiul^inent  of  its  bo.inl  of  dire«  lors, 
be  neoe-is-ry  and  oonvehitiil  tor  the  purpose  of  full\  and 
success  uily  transacting  and  retaining  the  t>usiness  of  li  ans- 
porting   passengers  and   freight   between  Chicago   and  the 


point*  north  upon  the  western  shore  of  Lake  iMichigan. 
t»cT«^M       ^  -J.      Siid   corn  'any  is  also   hereby  authorized    and  em- 
piwi-ied,  in    th»-  event  (»f  its  consoliilal  ing  its    stock  with 
any  connecting  railroad,  to  inrrea*.e  its  capital  stock  lo  an 
am  tiint  not  exceeding  h)ur  millions  of  dollars. 

§  '*>.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

.Approvrd  Keb,   11,  1857. 


r*.  ll.lMl.       A.N  ACTIO  incorporAte  Ciolromlji  IMu",  N«.  131,  of    Aiicimt   I'lpo  ami 

A«"rej(triJ   Miittoiig 

Sectio.s  1.  /if  it  rnartril  hi/  flip  proplr  af  the  stale  of 
Iltinui^y  repreHeiiltd  in  the  (itnrrnl  .•Issvvxhlij,  That  all 
^  *^J»«'»'«  pT^ons  wh..  n  .w  are,  i.r  niaj  her.-a(i«  r  1..  coum-  und  . shall 
«o  rem»Mi  in«Mnb«rs  of  (ideonda  Lodgr,  number  one  hun- 
drt-d  and  ihirly  one,  of  Amient  Frr.-  imd  Acceptetl  Ma- 
■orn,  at  Golconda,  Pope  county,  Illinois,  from  and  allei  the 
psfliagi!  of  this  act,  thtilj  be  and  they  are  hereby  consti- 
tuted a  body  corporati»  and  pfdiiic,  by  (h,.  name  nnd  sfyje 
of  *"0.ilcoiid,i  F^odge,  numbir  one  hnndred  and  thirty  one, 
of  Ancient  Km-  and  Acn  pf.-d  Mas. .n«;"  and  by  that  name 
th*-y  and  their  H.irces80i«  shall  have  succession  and  fhall, 
in  Uw  and  e^juity,  be  capable  of  Kuing  and  being  sued, 
pkading  and  bi-ing  impleaded,  answeijng  and  being  an- 
«wer*-d  unto,  in  all  rourts  of  law  imd  ecjuify  what*  ver; 
and  by  that  n;imc  and  .ijh.  be  capa'o'"  of  purchasing  and 
rcc'iving,  by  gifi    or  (/'h.rwise,    holdini;    and    conveying 


465  1857. 

real  estate  for  the  use  and  benefit  of  said  lodge:  Provided^ 
that  said  corporation  shall  not  at  any  time  hold  |)roj)erty 
to  an  amount  exceeding  ten  tlious  nd  <lollars. 

§   '2.     For  the  pjirpose  of  carrying  into  effect  the  o' jects  Trisieoi. 
of  this  act,  the  three  iiighest  officers  of  said  lodge  shall  al- 
wajs  be  and  they   are  hereby  appointed  trustees,  to  hold 
their  offices  as  such   in  said   lodge  as  elected  or  appointed 
by  said  lodge  and  qualified,   from   time  to   time, 

§   3.      Said  cor|)oration  shall    have  power  to   make  such  By-iawi. 
by-laws  and  regulations   as  may   be  deemed  necessary  for 
the  government  of  their  concerns  and  for  the  purchase  and 
sale  of  real  estate. 

§   4.      A  certificate  under  the  seal  ofsaid  lodge,  that  the  Attwuuon. 
said  corporation  has  been  duly  organized,  recorded  in  the 
office  of  the    clerk  of  the   circuit  court  of  said  county  ot 
Pope,  shall  be  evidence  of  the  organization  and  existence 
of  said  lodge. 

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

Approved  Feb.  11,  1857. 


AN  ACT  to  amend  an  act  entitled  "An   act  Jto  incorporate  the  city  of  'eb.  il,  ififiT. 
Freeport,"  approved  February  14,  1855. 

Section  1.     Be  it  enacted  by  the  people  af  the  state  of 
Jllijiois,  represented  in  the    General  Jlsseinhly^  That   the 
city  council  of  the  city  of  Freeport  shall  have  power  from  Powen. 
time  to  time, 

First — To  cause  any  street,   alley  or  highway  to    be  sueou  and  aj- 
paved,  macadamized  or  planked,  and  keep  the  same  in 
rej>air. 

Second — To    cause   cross    walks    and    sidewalks,   main  Croi8w»ikB,fc. 
drains   and  sewers,  private   drains    and  aqueducts   to   be 
constructed  and  laid,  relaid,  cleansed  and  repaired,  and 
regulate  the  same. 

Third — To  grade,  improve,  protect  and  ornament  any  rubiiegroni«u. 
public  square  now  or  hereafter  laid  out. 

§  2.  The  expenses  of  any  imjjrovement  mentioned  in  Exp«iu«. 
the  foregoing  section  (except  sidewalks  and  private 
drains)  shall  be  assessed  upon  the  real  estate  in  any 
natural  division  benefitted  thereby,  with  the  costs  of  the 
proceedings  therein  in  proportion,  as  nearly  as  may  be,  to 
the  benefits  resulting  tliereto. 

§  3.     The  amount  to  be  assessed  for  any  such  improve-  imonnt lo b« ••- 
ment   (except    sidewalks    and    private    drains)    shall    be  ' 

determined  by  the  city  council  ;  and  they  shall,  by  ballot, 
appoint,  by  a  majority  of  all  the  aldermen  authorized  by 


iC«B«>l. 


-o'l 


1S57.  •i6t> 

law  to  be  elected,  lliree  rejmtable  freelioKKrs  of  the  city 
to  make  siicli  Hssessinent-  Tlie  cuininissioners  shall  be 
sworn  taiibluily  and  impartially  to  execute  their  tluty  to 
the  best  o(  tht  ir  ability, 
T«it«*a«u<«.  ^  4.  Hefi^n*  enteiincj  on  their  duties,  the  commission- 
ers shall  ijiNeisix  (la>s'  iiotiot>  in  the  corporation  newspa- 
per ot"  the  time  and  place  of  meeting  to  all  pert^ons  inter- 
ested, and  they  may,  it  necessary,  a«ljourn  from  day  to 
day.  The  commissioners  shall  assess  the  amount  directed 
by  the  city  council  to  be  assess«'d  on  the  real  estate  by 
tliem  ileeined  henelitted  by  any  such  iniprovt  nient,in  j)ro- 
portion  to  the  berufit  resulting  thereto,  as  nt  arly  as  may 
be,  and  brielly  describe  in  the  asssessment  roll  to  be  made 
by  them,  the  real  estate  in  respect  to  wliich  any  assess- 
ment is  made,  and  the  value  thereol. 
(m^MMM.  ^   ,').      When    the    com-nissioners   shall   have    com]>leted 

their  assessment,  and  made  p.  C(»rrected  cupy  thereot,  they 
shall  deliver  the  same  to  the  city  cleric,  within  forty  days 
after  their  appointment,  signed  by  all  the  connni-^sioners. 
The  clerk  shall  thereupon  cause  a  notice  to  be  published 
in  the  corporation  newsjiaper  for  six  days,  to  all  persons 
interested,  of  the  completion  of  the  assessment,  aijd  the 
filnig  of  the  roll.  Tiirie  and  j)lace  shall  be  designated 
therein,  for  hearing  obj»'ctions. 
AptMi.  "j  ^-     Any  person   interested,  may   appeal    to  the   city 

council  for  the  correction  of  the  assessinent.  Appeals 
shall  be  in  writing,  and  filed  in  the  clerk's  office,  witliin 
ten  days  attt-r  the  first  ])ublication  of  said  notice.  The 
council  may  adjourn  sucii  hraring  from  day  to  day,  and 
.ihall  hdve  p owi-r  in  ca'e  of  appeal  or  i)tlifrwi<se,  in  their 
discretion,  to  reNi^e  and  correct  the  assessment,  and  con- 
firm or  annul  the  flame,  and  direct  a  new  assessment  to  be 
maiie,  in  the  manner  hen*inl)elore  directed,  by  the  same 
commissioner."!  or  by  three  others,  which  Khali  be  final  and 
conclusive  on  all  partir.t  inter,  sled,  if  confirmed.  When 
cofifirmei),  li.e  H"!se>»smfnt  shall  be  collecfed  as  in  other 
ca<ie«,  and  no  Hp|ieal  or  writ  of  <rror  shall  lie  in  any  case 
from  such  order  and  deteimination.  Il  any  assessme'it 
be  let  aside  by  order  of  any  court,  the  city  council  may 
cause  .'I  new  one  to  be  made  in  like  manner  for  the  same 
purpose,  for  the  collection  of  the  amount  so  assessed. 
TarM^.  f   7.      If  any  varaney   happen  in  the  otliee   of  commis- 

•ionrrs  at  any  lime,  by  reason  of  remr)vul,  failure  or  relu- 
aal,  or  inability,  from  sickness  or  other  cause,  to  serve, 
the  rjty  council  may  fill  such  vacancy. 
••MMWMr*  §  ^'  ^f  the  first  asseHsment  prove  inaufficicnt  another 
may  be  made  in  tin*  sjime  manner;  or  if  loo  large  a  sura 
flhalt  at  any  time  be  raised,  the  excess  shall  bu  refunded, 
ratably,  to  those  by  whom  it  wus  paid. 


-iu/  1867. 

§  9.  All  owiu'r<»  or  occupants  in  front  of  or  ni»on  ^^,*r".il^"*J* 
wlios**  jjreinises  the  city  council  sliall  orilt-r  tntl  iJii<-ct 
sidewalks  or  private  drains,  coinniunicatinfj;  witli  any 
main  drain  to  be  constructtd,  i  epairt-d,  i»*laid  or  cleHns*  d, 
shall  make,  repair,  relay  or  cltanse  such  iiidewalks  or 
piivate  drains  at  iheir  own  cost  and  charges,  in  the  n)an- 
ner  and  within  the  time  prescribed  by  ordinance  or  other- 
wise, and  it  not  done  in  the  manner  and  within  the  time 
prescribed,  tht-  council  may  cause  the  same  to  be  con- 
structed, repaired,  relaid  or  cleansed,  and  asstss  ijje 
expenses  thereof,  by  an  order  to  be  enteied  in  (heir  pro- 
ceedings, tipon  stich  lots  respectively,  and  collect  the 
same,  by  warrant  and  sale  of  the  premises  as  in  other 
cases.  A  suit  may  also  be  maintained  against  the  owner 
or  occupant  of  such  premise  ■;  for  recovery  of  suci  expen- 
se? as  for  money  paid  and  laid  out  to  his  use  at  his 
reqtiest. 

§  10.  In  all  cases  where  expenses  may  be  incurred  in  Kiisaneei. 
the  removal  »^f  an)  nuisance,  the  city  council  may  cause 
the  same  to  be  assessed  against  the  real  estate  chargeable 
therewith,  in  the  manner  prescribed  in  the  fortgoirg  sec- 
tion. Such  expenses  shall  be  likewise  colleetalde  ut  the 
owner  or  occupant  of  such  premises,  in  a  suit  foi  njoney 
expended  to  his  or  their  use.  In  case  the  same  should 
not  be  chargeable  to  any  real  estate,  suit  may,  in  like 
manner,  be  brought  for  such  expense>»,  against  the  author 
of  such  nuisance,  when  kn  iwn,  or  any  jierson  whose  duty 
it  may  be  to  remove  or  abate  t.ie  tJame, 

5  11.  Commissioners  ai)|iointed  under  this  act  may  oath r,f  commw- 
be  sworn  into  office  by  the  city  clerk;  the  city  clerk  shall 
also  have  power  to  administer  any  oath  required  to  be 
taken  by  the  act  to  which  tfiis  is  an  amendment,  or  by 
the  or<linances  made  in  pursuance  thereof.  Commission- 
ers appointed  under  this  act  shall  be  allowed  two  dollars 
per  day,  each,  fi  r  actual  services,  which,  together  with 
all  other  expenses  in  relation  to  any  assessment  mtide  in 
pursuance  of  this  act,  shall  be  deemed  part  of  the  expen- 
ses of  the  improvement  and  included  therein.  The  city  city  «ttorney. 
attorney  shall  prepare  such  papers  and  make  such  exaini- 
natioris  as  tliey  may  request. 

§  1-.  Wherj  any  known  owner  residing  in  said  city  or  inf«ou. 
elsewhere,  shall  be  an  infant,  and  any  proceedings  shall 
be  had  under  this  act,  the  judge  of  the  county  court  of 
Stephenson  county  may,  upon  the  application  of  the  city 
council,  or  such  infant,  or  his  next  friend,  a|)point  a  guar- 
dian for  such  infant,  taking  security  from  such  guardian 
for  the  faithful  exectition  of  such  trust,  and  all  notices 
and  summonses  required  by  this  act,  shall  be  served  on 
such  guardian. 


ISoT.  468 

ii«»Fu<«.  c    \;\,     The  inemlnTS   of  tlie   city   cinincil   aiul   fnt men 

f\\  11,  liuring  their  tf  rin  of  service  j»s  s»ich,  be  ex»  inpt 
fn  in  Sfrvinj;  on  j'iries  in  all  courts  of  this  state,  atid  in 
the  militia,  t»nil  shall  likt  wise  be  exempt  from  working 
out  any  romi  i>r  strett  tux.  The  name  of  t  ach  fireman 
shfll  be  rei^istertil  with  the  city  cKik,  and  the  evidence 
to  eiitith'  hinj  to  the  ixemption  proviilrd  in  this  section 
shall  hv  l\if  certificate  of  ihe  cUik,  made  within  the  yeiir 
in  which  tin*  exemption  is  claimed. 

^  14.  Hireaftrr  all  fnus  and  forfeitures  collected  for 
pi  naltie<:  iiuMureil  within  the  incorporated  limits  of  the 
citv  o(  Frtrjioit,  .^liMJl  be  paid  into  the  Ireasuiy  of  said 
cil)   bv  the  tifficers  collecting  the  same. 

5  L').  This  act  shall  be  deemed  a  public  act,  and  shall 
be    in  li»rce  fr<  m  and  after  its  passage. 

ArPRovKD  Feb.   11,  1H57. 


rr^    II,  1657. 


.\N  ACT  to   incorpor.ile  tlie  Peoria   Mutual  Fire  Instirntice   Company. 


Section  1.  Br  it  cnnctal  In/  the  j^cople  (J  the  stale  of 
Jt/iiiuts^  rrpresnitcd  in  the  devtraU'Issnnhhj,  That  Peter 
Swea',  Jolin  Hamlin,  Am«)S  P.  Bartlett,  John  D.  Arnold, 
MrMitk  .r^  John  King,  Jaob  (iale,  John  T.  Lindsey,  Washington 
""*"*'••  C...kle,  Drfxid  D.  Irons,  William  E.  Miison,  Charles 
M. CUIat,  J«s<!e  L.  Kiiowlton,  Thomas  C.  Moor,  William 
J.  Phelp«i,  IJei.jainiii  MilUr,  John  All*  r,  Amos  Stev<r>«» 
Hriirv  P.  Chase  and  R.  F.  Seahuiy,  together  with  si  ch 
other'  persons  a«  may  be  associated  with  t|  pin,  shall  be 
•  lid  th^v  are  hereby  created  a  body  politic  and  corporate, 
by  the  name,  iit\le  and  title  u<i  "The  Peoria  Mutual  Fire 
In«iirance  Comj-any,"  (or  the  purpose  of  instiring  their 
renp.ctive  dwt  llii.g,  houses,  stores,  sh(»ps  and  other 
buildingit,  household  furniture,  m.  rrhandize  and  other 
proprrty  Bgainsi  loss  by  fire;  and  they  and  their  succes- 
sor* are  hereby  derlare<l  a  body  corporate  and  politic,  in 
fart  and  in  law,  with  all  the  legal  incidents  to  a  corpora- 
tion "ggregate. 

f  •»',  The  tiff«irs  of  the  company  shall  be  managed  by 
a  board  of  twelve  (PJ)  directors,  to  be  elected  at  tho 
annual  meeting  of  the  members,  as  hereinafter  directed, 
to  r.^nliniie  in  office  until  their  sticcessors  are  chosen. 
Tli»?  siiid  directors  fdiall  have  power  to  perform  such 
duties  a<  are  hereinafter  provided,  or  as  may  be  directed 
by  lb*-  by-Uw!i  of  the  romjtany,  marie  in  conf«)rmity  to 
tbi<  a<  t.  They  Jihall  elect  a  president  from  their  own 
body,  and  appoint  a  secretary  and  treasurer  and  such 
oti  rr  olTirier-J  ai  may  be  necessary  for  the  proper  conduct- 
iog  of  the  company. 


»>rMU'« 


469  ISf)?. 

§  ?>.  On  any  day  fived  by  said  parties  named  in  the  ^'^^^l^^"  "'  *" 
first  section  of  this  act,  said  parties  or  a  inajDiity  of  them 
may  call  a  ineetinj^  of  salt)  company  and  the  meniljers 
thereof,  and,  antuially,  on  the  same  d^-y  of  the  month 
thereafter,  or  on  such  day  as  the  said  coinjrany  may  fix 
by  tlieir  bylaws,  said  raemb'^rs  of  said  company  shall 
convene,  for  the  purpose  of  electing  directors  and  for  the 
transaction  of  such  other  business  as  by  said  company 
shall  be  deemed  necessary;  notice  of  whieli  meeting  shall 
be  L;i\'en,  for  at  lea^t  twenty  days  previous,  in  a  public 
news[),tper  printed  in  the  said  city  of  Peoria;  hu  i  until 
their  successors  are  chosen  the  twelve  first  persons  named 
in  the  first  section  of  this  act  shall  be  the  directors  o:  said 
coinjjany,  with  power  to  transact  all  business  hereafter 
cnj  )ined  on  the  «Urectors  of  said  conij)ajty;  and  all  elec- 
tioiH  for  directors  shall  be  by  ballot,  from  among  the 
members,  and  by  a  majority  of  the  votes  of  the  members 
pre-ient;  to  be  conducted  by  three  judges,  chosen  from 
arrnng  the  members,  not  directors,  who  shall  certify, 
under  their  hands,  the  result  ot  said  election,  to  be  filed 
with  the  j)apers  and  entered  upon  the  records  of  said 
company.  General  meetings  of  the  company  may  also 
be  h'.ld,  whenever  called  by  the  directors,  or  whenever 
requesttd  by  ten  members,  and  the  members  may,  at  such 
general  meeting,  make  all  by  laws,  rules  and  regulations 
necessary  for  the  well  government  of  the  ali'airs  of  said 
company,  that  may  not  be  inconsistent  with  the  constitu- 
tion and  laws  of  this  state. 

^  4.  The  directors  shall  have  full  j)ower,  r,n  behalf  of ''o'^t'"'  ot  dircf 
said  company,  to  make  insurance  against  loss  by  fiie  on 
ony  house,  tenement,  manufactory  or  other  building,  and 
on  goods,  wares,  merchandize  and  effects  therein,  ai  d  on 
hay,  grain  and  other  agri  Miltural  products  in  barns,  sta- 
bles or  stacks,  or  otherwise,  and  generally  on  all  kinds  of 
buildings,  and  of  goods,  wares  and  merchandize,  and 
other  personal  property;  on  land,  of  such  kind  or  descrip- 
tion, and  within  such  limits  as  may  be  permitted  in  the 
by-laws  of  said  company;  and  to  make,  execute  and  |  ef- 
fect so  many  contracts,  bargains,  agreements  and  policies 
and  other  instruments,  as  shall  or  may  be  necessary  or  as 
tin-  nature  of  the  case  shall  rec^uire;  and  every  such 
bargain,  agreement,  contract  or  policy,  to  be  made  by 
the  said  company,  shall  be  in  writing  or  in  print,  and  shall 
be  under  the  seal  of  the  said  cxnpany,  signed  by  the 
president  and  attested  and  signed  by  the  secretary:  Pro- 
vidi  d^  that  it  shall  not  be  lawful  for  the  said  company  to 
take  any  one  single  risk  that  shall  exceed  (wi'.  per  cent, 
on  the  total  amount  on  the  books  of  said  company. 

v   ").     Any   person   apiilying  for  admission   and   holdinc  ^ii''''*"""   '"' 
property  within  tlie  bounuaries  oi  tlie  company,  oi  such 


1857.  470 

di'srription  a*  may  bo  in<turod  therein,  may,  norreeably  to 
the  by-laws  for  the  udmissidn  of  iiuiuht  is,  tuter  their 
projurly  tv>  be  insured,  with  the  vuluation  thereof,  oa 
ihe  l>ooks  of  the  coiiipaiiN ;  and  \vht*n  any  |iro|)t'ity  so 
entered  shall  be  destroyed  hy  hre,  such  \  aluation  sIihU  bo 
uiaile  the  basis  of  a  tax  to  remunerate  the  \oss>',  and  all 
suoh  persons  as  are  now  associated  together,  under  the 
Ciir  orate  r.ame  at'oresaid,  and  are  deemed  and  t;iken  as 
m«  inl»ers  thereof,  and  all  svieh  jursons  as  shall  at  any 
tini'-  hereafter  insure  in  or  within  said  company  or  be 
allowed  so  to  do,  shall  be  deemed  and  taken  as  menxhers 
thereof,  during  the  period  they  shall  remain  insured  by 
the  s»id  company,  and  no  longer. 

iwunuk.-*.  ^   r».     Any  jierson  entering  lor  insurance,  shall  deposit 

with  the  secretary  of  the  conijiany,  his,  her  or  their 
proini-'Sory  note,  pd\ahle  in  part  or  in  whole,  at  any  time 
wh-n  the  directors  ?hall  de«'m  the  same  retjuisite  for  the 
pa\ment  of  losses  by  fire  or  for  such  incidental  expenses 
as  uiiy  be  necessary  for  transacting  the  business  of  the 
conipaii),  for  a  sum  e(jual  to  one  and  one-half  per  cent, 
on  the  amount  of  the  property  insured,  according  to  the 
scale  of  rates  established  by  the  company,  and  shall 
receive,  in  return,  a  policy  of  insurance,  signed  hy  the 
president  and  attested  and  signed  by  the  secretarj;  and 
lor  the  purpose  of  raising  a  contingent  fund  for  the  pay- 
Uienl  of  losses  and  other  objects  of  the  comjiany,  it  shall 
and  m.iy  he  lawful  for  the  said  company  tt>  exact  from  its 
uieinbers  interest  at  a  rate  not  exceedii;g  six  per  cent, 
per  annum  on  the  amount  of  said  promissory  note  or 
deposit  note,  as  long  as  in  their  judgment  the  company 
may  require  it.  Such  interest  shall  ht  paid  to  the  treas- 
urer upon  the  day  of  each  annual  meeting;  and  every 
payment  of  interest,  so  made,  shall  he  entered  to  the 
cr«  dit  of  the  |»ro|)er  person  on  the  books  of  the  company, 
and  be  applicable,  a<)  far  as  the  same  may  gn,  to  the 
liabilities  of  the  individual  aiid  of  the  company,  and  shall 
•o  remain.  Hut  upon  the  withdrawal  of  any  meuiber  or 
the  canceling  of  a  p<dicy,  from  any  cause,  the  deposit 
not*',  with  all  unappropriated  interest  thereon,  or  clear 
profits  to  which  the  member  may  be  cntitlrd,  shall  he 
given  up  to  the  depositor,  hi^  executor  or  administrator; 
and  in  erase  any  assured  named  in  any  policy  or  contract 
of  iniiiirance  made  hy  the  said  com})aii}  shall  sell,  convey 
or  assign  the  subject  iu<>ured,  it  shall  and  ma)  be  lawful 
for  such  person  assured  to  convey  and  deliver  to  the  pur- 
chaser flueh  ptdicy  or  contr.ioi  of  insurance;  and  such 
a««igi»ee  nhall  have  all  the  benefit  of  such  polic}'  or  con- 
tract of  insurance,  and  may  bring  and  maintain  a  suit,  or 
in  like  manner  be   proceeded   against  in  his,  her  or  their 

ffrrM.  owu  name:      I'rtji'iiltd,  Th.il  before   any  lo«-.s  happens,  he, 


471  1«5T. 

she  or  tiu'y  shall  obtain  the  consent  of  the  president  or 
secretary  to  such  assignini'nt,  arid  have  the  same  indorsed 
on  or  annexed  to  such  policy  or  contract  of  iiisiirancc. 

§   7.     Thi>!  insurance   shall  be    subject    to    adjustment,  A(ijd-t«icmi. 
when  either  the  company  or  owners  may  recjuire   it;  oth- 
erwise the  policy  will  not  require  renewal. 

§  8.  All  and  every  member  of  this  company  who  shall  lomc*. 
sustain  any  lo^s  or  damage  by  fire  shall  i^ive  immediate 
notice  thereof  to  the  president  ;ind  directors  of  said 
Comj)any,  at  their  office,  to  the  end  that  they  may  inquire 
into  the  same,  who  shall  direct  the  proper  ap[iraisers  to 
view  the  premises  or  articles  and  determine  the  actual 
loss  or  damage  sustained,  and  make  a  report,  within  ten 
days.  In  case  where  the  person  sustains  a  loss  by  fire 
shall  be  dissatisfied  with  the  estimate  of  his,  her  or  their 
los*,  made  by  the  appraisers,  on  his,  her  or  their  request, 
the  same  may  be  submitted  to  three  disinierested  persons, 
chosen  bv  the  parties,  whose  report,  in  writing,  and 
attested  to,  shall  be  final  and  conclusive. 

§  1>.  Upon  the  rece|)tii)n  of  the  report  of  the  apprais-  Appr»ifcrb»  re- 
ers  or  referees,  the  directors  shall  j)roceed  in  the  case,  if 
there  shall  not  be  money  enouf^h  in  the  treasury  to  j>ay 
the  same,  to  levy  such  pro  rata  tax  as  shall,  together  with 
the  sum  in  the  treasury,  bo  equal  to  the  adjudged  dama- 
ges and  cost  of  collecting.  I'liuy  may  publish  the  same 
in  such  manner  as  they  shall  see  fit.  Titey  may  employ, 
if  necessary,  a  person  to  collect  the  same,  who  shall  pay 
it  over  to  the  treasurer  within  thirty  days;  and  the  presi- 
dent shall  give  the  insured  an  order  on  the  treasurer  lor 
the  amount  due  to  him,  her  or  them,  which  must  be  paid 
within  sixty  days  from  the  occurrence  of  the  fire;  other- 
wise the  company  shall  be  liable  for  interest  on  the  same. 

§  10.  Every  memticr  of  said  company  shall  be  bound  i,iabiiitr  «•''*>• 
to  j)ay  for  the  loss  and  necessary  expenses  accruing  in  ^'^^^^*- 
and  to  said  company,  in  proportion  to  his,  her  or  their 
note  or  deposit  or  taxable  proj)erty  on  the  books  thereof; 
and  suits  at  law  may  be  maintained  by  said  compajiy 
against  any  of  its  members  for  the  collection  of  said 
de()osit  note  or  an  assessment  thereon,  or  for  any  other 
cau>'e  relating  to  the  business  of  said  company;  also,  suits 
at  law  may  be  prosecuted  and  maintained  by  any  memjer 
against  said  company  for  los-?es  or  damages  by  fire,  if 
payment  is  withheld  more  than  ninety  days  after  said 
company  is  notified  of  such  losses;  and  no  member  of  the 
company,  not  being  in  his,  her  or  their  individual  capacity 
a  l)arty  to  such  suit,  shall  be  incompetent  as  a  witness  in 
any  such  cause  on  account  of  his,  her  or  them  being  a 
member  thereof;  and  the  said  corporation  may  have  and 
use  a  common  seal,  and,  at  their  pleasure,  alter  or  change 
the  same. 


1?57.  •»T2 

y««i«ct  «r '•r«-  5;  11.  If  any  member  shall  neglect  or  refuse  to  |>ay 
•i^ur»rtBi«r  ^j^^^  resji'lHr  installnu nts  oi'  interest  on  his,  her  or  their 
ileoosit  note,  the  ilireetors  tor  the  time  ht  ini^  may  ilihar 
or  exclude  sucii  im  mher  from  any  bt-netits  or  atlvantago 
from  his,  her  or  their  insurance,  respectively,  until  the 
saiae  is  paid;  and  if  any  member,  for  the  space  of  thirty 
days  alter  tiie  demand  of  the  same  by  the  collector  or 
secretary,  shall  nti^lect  or  rtluse  to  jiny  the  sum  assessed 
uj'on  him,  her  or  them,  as  their  propcirtion  of  anj  loss,  as 
aforesaid,  then  the  directors  may,  in  the  corporate  name 
of  said  company,  sue  for  and  recover  the  whole  amount 
of  his,  her  or  their  deposit  note,  with  costs  of  suit  ;  and 
the  amount  thus  collected  shall  rmiaiti  in  the  treasury  of 
said  company  till  the  next  annual  meeting,  when,  it  any 
balance  remaiiis,  it  shall  he  returned  to  tiie  party  trum 
whom  collected  upon  demand  being  made,  and  tiie  policy 
be  canceled. 

TtM««iclun«r.  ^  I-'-  The  privileges  hereby  granted  or  intended  to 
be  granted  by  this  act  shall  continue  in  tbrce  for  the  space 
of  fit'ty  }ears;  but  if  it  shall  appear,  at  any  time,  to  the 
legislature  that  these  privileges  are  injuriotis  to  the  pub- 
lic welfare,  the  power  to  repeal  this  act  shall  not  on  any 
account,  be  denied  or  impaired,  such  repeal  shall  not  on 
»ny  account  affect  any  engagements  to  which  said  comj  any 
may  have  bi  en  party  previously  thereto;  and  the  said 
cnm|>any  shall  have  a  reasonable  time  to  bring  their 
accounts  to  a  final  settlement  and  termination. 

§    ]'■'>.     Tlii'^  act   shall  take   etfeet  and    he  in  force  from 
•nd  after  its  passage. 

.\pPROVi.D    Feb.    11,  1S.')7. 


fak  II,  l»»l.  A.\   A(-'r  to  Incorf.oralc  llic  town  of  O.inawka. 

Sectio.s  1.      Jir   il  enacted  Ay  tliC  jico/ilc  of  the  state  of 
JUitwin^  rrpresfnted  in  the   (imrral  Jhavmhly^  That  the 

f  ■'•  •  inhabitants   of  the    t  iwn    of   Oijuawka,    in    the    county  of 

1 1'-iiclcrsrtii,  and  Nt^le  of  lllinoi<<-,  aie  hereby  constituted  a 
h'»dy  politic  and  corporate,  by  the  name  and  style  of  "The 
Pre«i«lent  and  Tru-.tees  r)t  tUe  Town  ol  Oijunvka;"  and 
by  that  name  and  ft)  le  f«hall  have  pernelual  succession^ 
and  m4y  have  and  ii<«;  a  common  seal,  which  they  may 
changi;  and  niter  at  pleri<<ure,  and  in  whom  the  govern- 
ment of  the  corporation  shall  be  vested,  and  by  whom  its 
•  fl*4irs  nhiill  be  inaiiaged. 

••r»wiu  M-w-  ^  'J.  ']'),,.  inhabituntH  of  said  town,  by  the  name  and 
ftvlc  aforetaid,  may  .Hiie  and  be  foied,  imjilead  nnd  he  im- 
pleaded, defend  and  be  defender',  in   all  courts  of  law  and 


473  1857. 

equity,  and  in  all  actions  wliatevor ;  and  purchase,  receive 
an  I  hold  property,  real  and  peisonal,  wiiliin  or  bejond  tlie 
limits  of  said  town  for  hurial  grounds  and  for  other  puhlic 
purposes,  lor  the  use  of  the  inhabitants  of  said  tovn,  and 
may  sell,  lease  and  dispose  of  property,  real  or  persenal, 
for  the  benefit  of  said  town,  and  improxe  and  protect  such 
property,  and  to  do  all  things  in  relation  tiiereto  as  natural 

persons.  ,  •     i    i 

§  :).     Said  corporation  shall  be  composrd  of  and  include  corponUon  iim- 
allof  fractional  sections  fifteen  (  I'))  and  twenty- two  (Ll'J,  ) 
in  township  eleven  (11)  north,  range  five  (5)  west,  in  said 
county  of  ilenderson. 

§  4.  The  present  president  and  trustees  of  said  town,  inuieM. 
as  at  present  incorporated  under  the  general  act  ot  in- 
corporation, are  hereby  appointed  trustees  of  the  said 
town,  and  shall  hold  their  office  until  the  first  Monday  of 
April  next,  and  until  their  successors  are  elected  and 
qualified;  and  on  the  first  Monday  of  April  next  or  within 
ten  days  thereafter,  and  on  the  first  Monday  of  Apii!  of 
every  year  thereafter,  an  election  shall  be  held  tor  five 
trustees  of  said  town,  who  shall  hold  their  office  for  one 
year,  and  un'il  their  successors  are  elected  an<l  qualified; 
and  ten  da}s'  public  notice  of  the  time  and  place  of  hold- 
.ing  any  election  for  trustees  sliall  be  given  by  the  presi- 
dent and  trustees  or  by  their  clerk,  by  advertistinei-t,  in 
any  weekly  newsjjaper  published  in  said  town  or  by  p  »st- 
ing  up  n«)tices  in  three  of  the  most  public  i)laces  in  said 
town.  No  person  shall  be  elected  a  trustee  of  said  town, 
who  shall  not  be  qualified  to  vote  for  state  and  county 
officers,  and  who  shall  not  liave  been  for  one  year  }>re- 
vious  to  such  election  a  resident  and  boiiaftde  freeholder 
within  the  incorporated  limits  of  said  town. 

§  5.  At  all  corporation  elections  in  said  town  every  Q;i«Hflt»Ucn  or 
free  white  male  citizen  who  is  entitled  to  vote  for  state 
and  county  officers,  and  who  shall  ha'e  been  for  ten  days 
preceding  such  election  an  actual  resident  of  said  town 
shall  be  entitled  to  vote:  Pruviifid,  that  all  free  wl.ite 
male  inhabitants  above  the  age  of  twenty-one  y«  ars,  who 
shall  be  at  t'le  time  of  such  election  a  buna  fide  freeholder 
witliin  the  limits  of  said  town,  shall  also  enjoy  the  rights 
of  an  elector. 

§  •;.  That  the  trustees  slinll  elect  one  of  their  number  Powcn  of  irut- 
president,  and  shall  be  judges  of  the  elections,  (jualifica- 
tions  and  returns  of  their  own  members,  a  majority  of 
whom  shall  constitute  a  quorum  to  do  busines  ,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  attendance  of  absent  members,  in  sueh  matiuer  and 
under  such  penalties  as  they  may  provide,  an<l  punish  their 
membtrs  for  disorderly  conduct,  and  by  vote  of  three- 
fifths  of  the    whole   number  elected  expel  a  member,  and 


make  such  other  riilej  and  regulations  for  their  government 
•9  ti>  them  may  s^t-m  |>i»)j>er  anil  expedirnt,  and  sh  »1I  have 
power  to  liii  any  vaeaneies  in  the  hoard  ol  trustee?  occa- 
siunel  by  deatli,  resignation,  rem^»^•Hl  or  continued  absence 
from  town  for  three  n)ontli5  or  otht-rwise. 
►.,  ^  7.      The  president  and  trustees  c)f  said  town  shall  have 

•  power,  and  the\  are  hereby  authorized,  to  subscribe  to  the 

capital  stock  of  any  railroad  company  or  plank  road  com- 
pMn),now  organized,  or  wliieh  may  hereatter  be  organi/.cd, 
to  build  or  construct  a  railroad  or  plank  road,  passing 
ihrougli  or  te!  nnnating  at  or  op|)osite  said  town,  an  Hmount, 
not  exceeding  one  hundred  tliousand  dollars:  PruviJuly 
that  before  subscribing  to  any  such  stock  tl  e  trustees  of 
said  town  shall  order  a  vofe  of  the  taxable  voters  of  said 
town,  owning  real  estate  therein,  to  be  taken,  whether 
such  stock  shall  be  subscribed  for  or  not,  anil  shall  cause 
a  notice  of  such  voting  to  be  inserted  in  the  public  news- 
papers published  in  said  town,  at  least  t»-n  days  before 
such  vote  is  to  be  taken,  such  notice  to  set  forth  the  time 
and  place  of  taking  the  vote,  the  amount  of  stock  proposed 
to  bf  taken,  and  in  what  company  the  stock  is  to  b»'  tciken, 
and  it  a  mij)rity  of  the  vote  cast  be  in  tavor  nt  the  pro- 
position, such  triistees  shall  proceed  to  subscribe  for  such 
stock  as  aforesaid  ;  and  said  trustees  shall  have  ])ower 
and  they  are  hereby  authorized  to  issue  tiie  bonds  of  said 
town  to  an  amount  not  exceeding  twenty-five  thousand 
dulUrs,  bt-ariiig  interest  at  a  rate  not  exceeding  ten  per 
Cent,  per  annu:n  pHVabl*-  annually,  for  th»'  piirjtosf  of  pay- 
ing S  ephfii  S.  Piu'lps  Hnd  Willi.iin  K  Jamison,  the  amount 
due  (ht-m  for  labor  done  and  materials  furnishrd  by  them 
on  that  part  of  the  Peoria  and  Ofpiawka  railroad,  lying 
between  said  town  ol  ()({uaivka  and  tht-  junction  of 
tilt:  Pforia  and  Oquawka  with  the  I^irlington  branch  of 
said  railroad ;  am(jiint  due  said  Pat-lps  and  Jamison  to 
be  atcertaiiied  in  such  maniii-r  as  the  trustei-s  of  said 
town  flhall  prescribe  :  Pmriilnl,  that  before  such  bonds 
shall  itiue  to  said  Phelps  and  J.imison,  the  trustees  ot  said 
town  shall  order  a  vote  of  the  taxable  voters  of  said  town, 
owning  real  estate  tln*rein  to  be  taken,  whether  said 
Phflp'i  and  Jamison  shall  be  thus  paid  or  not,  and  shall 
caiii*'  notice  of  iiieh  voting  to  be  given,  by  |)iibli^hing  th'.; 
fame  ill  the  public  newspa|)ers  published  in  said  town  ten 
(\»)n  before  inch  voti!  i<4  to  be  taken,  whiih  notice  shall 
•et  forth  th(>  time  and  place  of  taking  the  vote,  the  amount 
o(  bond*  prop'Hfd  to  be  itsued  to  Siiid  Pjiel|)s  Hn«l  Jamis(M); 
and  if  a  majority  of  th»;  votes  cast  be  in  favor  of  tln^  pro- 
po<ition  then  the  triMti-es  f)|  said  town  shall  proceed  to 
Miui?  the  bondi  of  said  corporation  to  said  I'helj»s  and 
Jamison  as  aforesaid. 


475  1857. 

§  8.     The  trustees  of  said  town,  wlien  any  stock  shall  Bonds  i^tuwi 
be  subscrihed  by  them  as  authori/»Ml  and  provided  for  in  the 
forej^oiiig  section,  may  issue  the  bonds  of  the  said  town  of 
Oquawka  for  the   amount  of  stock   taken   or  subscribt^d, 
betirnig  interest  at  a  rate  not  cxceedinj^  ten  per  cent,  per 
annum,  and  for  the  purpose  of  paying  any  bonds   by  them 
issu'd   as  provided   for  in  sec.  7,   the  suid   president   and 
trustees  are  hereby  authorized  to  levy  and  collect  a  special  ."icciai  tax. 
tax    on    the    real    estate    and    personal    property    in    said 
town,  (such  tax  to  be  levied  and  collected  as  other  taxes,) 
and  apply  the  same  so  levied  and   collected   towards  pay- 
ing  such   bonds   with  the   interest   that  may  become  due 
annually  thereon:   Provided^  that  no  bond  shall   be  paid  ProTi»o. 
cut  at  a  rate  less  than  par  value. 

§  l>.     The  president  and  trustees  of  said  town  shall  have 
power — 

First— To  cause  all  the  streets  and  alleys  and  public  a^*"*  "J*"^- 
roads,  within  the  limits  of  said  town,  to  be  kept  in  good 
repair,  and  to  this  end  they  shall  require  every  male  resi- 
dent of  said  town,  over  the  age  of  twenty  one  years,  to 
labor  on  tlie  same,  not  exceeding  three  days  in  each  and 
every  year,  and  if  such  labor  be  insufficient  for  that  pur- 
pose, to  appropriate  from  the  gen»  ral  lunds  of  the  corpo- 
ration as  tliey  shall  deem  necessary  therefor. 

Sicond — To  open,  alter,  vacate,  wid«  n,  extend,  establish,  strrcu  «Dd  »i- 
grade,  pav.-  or  otherwise    improve    any  str«  ets.   avenues,     '''"' 
lane--,  alley  s  or  public  roads  within  the  limits  of  said  town. 

Third — To  make,  construct  and  keep  in  repair  side-  sidcwaik*  tM 
walks  or  pavements,  in  front  of  any  lot  or  lots  adjacent  to  p**^ <>"»«■>'»• 
any  street  or  streets  in  said  town,  and  to  levy  and  collect 
a  tax  from  time  to  time  upon  the  lot  or  lots  in  front  of 
which  sucli  sidewalks  or  pavements  are  or  shall  be  ordered 
and  proposed  to  be  made,  constructed  or  kept  in  repair  : 
Pruvidtd,  such  tax  shall  be  on  such  lots  proportionate  to  Proriw. 
the  length  of  their  respective  fronts;  and  until  the  said 
president  and  trustees  shall  provide  by  ordinance  for 
the  levying  and  collecting  of  said  tax,  they  shall  enter 
upoi»  the  records  of  the  corporation,  whenever  they  shall 
desire  to  collect  such  a  tax,  a  resolution  that  stich  tax 
shall  be  levied  and  collected,  and  the  number  of  the  lot  or 
lots  upon  which  the  tax  is  ])roposed  to  be  levied,  and  the 
amount  upon  each  lot,  and  a  cctirted  copy  of  such  resolu- 
tion sliall  be  filed  in  the  office  of  the  clerk  of  the  county 
court  ;  it  shall  then  be  collected  in  the  manner  provided 
in  the  tiintli  section  of  an  actentith-d  "An  act  to  incorjio- 
rate  t«)wi.s  an<l  cities,"  apj^roved  February  lU,  IS 4'.',  for 
the  collection  of  other  oorp  )rate  taxes. 

Fourth — To   levy  and   collect  taxes  upon   all   property,  r*it». 
real  and  personal,  within   the   limits  of  said    corporation, 
not  exceeding  one  per  cent,  per  annum  upon  the  assessed 


ilue   thereof,  atul    may  tnforoe   the    pftymint   tluroof  in 


•I 


A»tfB»:«. 


»»«f. 


_,nv  iniiiner  to  hv  presoribt-d  by  onlinaucr,  not  r»'j)Ui»nant 
to  »l«e  constitution  ot  the  United  States  and  of  this  state; 
but  nntil  ll'«y  provide  by  ouiinwnce  for  enforcing  the  pay- 
ment thfrrnf,  they  shall  he  collect,  d  in  th»*  manner  pro- 
\ided  by  th-  ninth  sectii»n  of  the  act  afori-said. 

Fi/:/: — To  restrain,  regulate  or  prohil)it  the  running  at 
lar^e  of  cattle,  horses,  slieep,  swine,  goats  and  other  ani- 
mals, and  to  autiiori/e  tiie  distraining,  impounding  and 
sate  of  the  samv,  and  to  prohibit  any  indecent  e\liii>ition 
ol  horses  or  other  animal*. 

Six/h — To  prevent  and  regulate  the  running  at  huge  of 
dogs,  anil  authorizing  the  destruction  of  the  same  when  at 
large  contrary  to  any  ordinance. 

Srt'tn//i —  I  o  regulate   or  prohibit  bathing  in   the    Mis- 
sissippi river,  and  prohibit  any  indecent  exposure  of  person. 
E»«iac  aad  drf       A'/if/i/A — To    prevt-nl    horse  ravifig  <^r   any  inunojfrate 
"'"*  riding  or  driving  within   the   limits  of  said  town,  ol  horses 

or  other  animals  ;  to  prohibit  the  abuse  of  animal';  ;  to 
rompil  persons  to  fasten  their  horses  or  other  animals 
attached  to  vehicles  or  otherwise  while  standing  or  re- 
maining in  any  street,  alley  or  public  road  in  said  tovvn. 

A'lnt/i — To  establish  and  maintain  a  jiublic  ])Ound,  and 
apj)oint  a  ponnd  master,  and  jnescribe  his  duties. 

Ttnlh — To    restrain    and    prohibit    all    descripti'>ns   of 
gambling  and  fraudulent  devices,  and  to  sujn)ress  and  pro- 
hibit billiard   tables,  ball   alleys  and  other  gaming  estab- 
lishments. 
Duf4«ri7  Klivtntu — To  suppress   and  prohibit  disorderly  houses 

or  groceries  or  hoiM»*8  of  ill- lame. 

Tuilfth — To  license,  regulate,  snpp'ess  and  pridiibit 
all  exhibitions  of  common  showmen,  shows  of  ev(  ry  Mud, 
caravan.*,  circuses  and  exhibitions  and  amusements. 

FourltditU — To  i»revent,  snpnieos  and  prcdiibit  any 
riot,  affray,  «lis turban ce  or  di'*(ird<  rl)  a^-emltlages,  a.-^satilts, 
assaults  and  batteries, f>r  shooting  within  the  limits  ol  said 
town. 

Fi/trrnth — To  abate  and  ri'mo\e  nuisances,  and  punish 
the  auiliori  thereof,  iind  to  define  and  declare  what  shall 
be  <lei'med  nuisances,  <iind  autlujii/.e  and  diiect  tin.'  sum- 
mary a'»at»-ment  thcrt^of. 

Sixircnth — To  make  regulations  to  prev«  nt  the  intro- 
duction of  contagion.))  di.sea^i  s  into  the  tr)\vn,  and  execute 
the  •ain»'  for  a;,y  distance  not  exceeding  two  miles  from 
the  liini's  thereof. 

Sfvmlrrntjt — To  regulate-  the  storage  of  gunpowder  and 
other  roinbiiittibic  materials. 
fitm.  r.ii^lilt  I  mil  —  To   provjf!e  lor  the  prevj  rition   and    (  xlin- 

gui«iim«ril  ol  firef.,  and  to  organize  and  establish  fir*-  com- 
)>aiiicf. 


fti«U 


gl 


477  1857. 

A^i7i/et'7i(/i — To  provide  the  town  with  water  for  the  ex-  water. 
tingMishment  of  fires  and  for  the  convenience  of  the  inhabi- 
tants. 

Tircvtittli — To    pro\  ide    for    inchising,   improving    and  Public  jronncu. 
regulating  all  puMic  grounds  and  all  other  lands  belonging 
to  said  town. 

7\r(  /i/i/-Jir.st — To  provide  for  erecting  all  needful  build-  PuiiicbJiidin 
ings  for  the  use  of  said  town. 

Tirciity-stcimd — To  regulate,  suppress  and  prohibit  the  Liqaor.. 
selling,  bartering,  exclianging  and  traffic  of  any  wine,  rum, 
gin,  brandy,  whisky  or  other  intoxicating  liquor-?  within 
the  limits  of  said  town:  Proii(/cd,  t\iat  they  may  allow  Provmo. 
bona  fide  druggists  to  sell  the  same,  in  good  faith,  for 
purely  mechanical,  medicinal  or  sacramental  purposes, 
and  for  no  other  purpose. 

Tict'Jihj-thiril — To  appropriate  &nd  provide  for  the  pay-  Debu. 
ment  ol   any  debt  or  expenses  of  the  town,  and  to  fix  the 
compensation  of  town  officers. 

Twentij  fijurth — To  make  all  ordinances  which  shall  be  ordinanew 
necessary  and  proper  for  carrying  into  effect  the  ])owers 
specified  in  this  act,  cr  which  they  may  d<  m  necc  ssary 
or  expedient  for  tiie  better  regulation  of  *'  e  internal  po- 
lice of  said  town,  and  to  execute  the  same,  and  to  impose 
fines,  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance or  any  of  the  j)rovisions  of  this  act,  and  to  provide 
for  the  recovery  and  appropriations  of  such  fines  and  for- 
feitures, and  the  enforcement  of  such  penalties  :  Provided^  Provieo. 
that  in  no  case,  except  in  assaults,  assaults  and  batteries, 
riots  or  affra}s,  shall  any  such  fine  or  penalty  exceed  the 
sum  of  twenty-five  dollars  for  any  one  offence.  That  the 
president  and  trustees  of  said  town  shall  have  power  to  ap- 
point a  town  constable  for  said  town,  whose  duty  it  shall 
be,  when  so  appointed  and  sworn  into  office,  to  execute 
any  where  in  Henderson  county  ai.y  writ,  process  and  pre- 
cept which  may  be  issued  against  any  person  or  persons 
for  the  violation  of  any  ordinance  of  said  corporation,  and  to 
arrest  on  view  any  and  all  persons  who  may  violate  the 
same,  and  to  take  them  before  any  justice  of  the  peace  of 
said  town,  and  to  collect  any  fine  for  forfeiture  and  penal- 
ty which  may  be  assessed  or  recovered  for  the  use  of  said 
town:  Provided.,  that  any  other  constable  may  execute  Pro»ifo. 
any  process  issued  by  any  jiistice  of  the  peace  by  virtue  of 
this  aot;  also  to  appoint  a  clerk,  treasurer,  street  commis- 
sioner, board  of  health,  and  all  other  officers  that  may  be 
necessary,  and  to  prescribe  their  duties,  and  may  require 
bonds  from  the  several  officers  tor  the  faithful  discharge  of 
their  duties. 

§   10.     The  president  and  trustees  shall    require  their  cietk. 
clerk,  and  it  shall  he  his  duty,  to  make  and  keep  a  full  and 
faithiul  record  of  all  their  proceedings,  by-laws  and  ordi- 


1S67. 

nin**«»!»,  «n«l  of  tlie  time,  plaof  ami  mannrr  of  tlie  |Uil)lloa- 
tioii  oi  sucli  onliiiiiu't  s  anil  hy  Kiws,  in  a  liook  to  hv  pro- 
viiJ«*'i  lor  timt  piirposr;  und  sui'Ij  book,  |>nr|iortini;  to  be 
tlie  rt-cord  ol  tlu-  corjmration  o?  tie  town  t>l  Oijuawka, 
5h«ll  be  rect-ived  in  all  cutirts,  witiirut  tiirtlur  /irool,  as 
evidtnce  of  ttll  such  inattcrs  th«  rtin  rontaim  d;  »iid  all  or- 
dinal.ces  bflurtr  tdkinj;  tll'tM^,  sball  be  jtublisli»'d  at  Itast 
trn  ila)S  in  a  ne\v>|iHji«  r  |iubIi.>-li»Ml  in  said  town,  vr  by 
posting  np  C'ipit'S  of  tbt>  sanit-  in  tlirrf  of  the  most  public 
places  of  said  town, 

wtmm,  p«*»:ii«*  &  11.  Any  fn.e,  pi-nalty  or  forfiilure  incurred  under 
wtarr..  ^j -^  ^^^^  ^^  ^^^^.  bylaw  or  Ordinance  made  in  pursuance  of 
tliis  act  or  of  any  act  tliat  may  be  passed  amendator}  to 
tbis  act,  may  be  recover^  d,  to<^etlier  u  itii  costs,  before  any 
justice  of  the  peace,  in  tbe  corjiorate  name;  and  several 
lines,  forfeitures  or  penalties  for  breacbes  of  tbe  same  or- 
dinance or  I  y  law.-,  not  exceeding  one  liundred  dollars, 
may  be  recovered  in  one  suit,  and  the  firs*  process  sball 
be  A  summons,  unless  oatli  or  atiinnation  be  made  for  a 
warrant  bv  siune  credible  |)ersoir,  but  in  case  of  assault, 
assault  and  battery,  allVay  or  riot,  a  warrant  sball  issue 
lor  the  arrest  of  tbe  otFender  or  otlV-nders  in  tbe  same 
inar.ner  as  for  like  ctfences   against  the  laws  of   the  state. 

•«P*^—  •<  It  sliall  be  lawltil  to  declare  generally  for  debt  for  such 
fines,  penalties  or  forfeitures,  stating  tbe  clause  of  this 
act,  of  the  ordinance  or  by-law  under  wbicli  tbe  same 
are  claimed,  and  to  give  tlie  8p(ci:«l  matter  in  e\idence 
under  tbe  declarition;  and  the  justice  shall  procet-d  to 
bear  and  determine  the  cane,  as  in  other  cases.  Upon 
tbe  rendit.on  of  judgment  for  any  such  fines,  ])(>naltics 
or  forfritures,  the  juotice  sball  is-<ue  bis  execution  for 
the  same  and  co»'s  of  suit;  whirb  may  be  levied  upon  any 
personal  property  of  the  (lefrndant  or  d(f«  ndants  not  ex- 
empt from  execution.  If  the  constable  shall  return  upon 
■ucb  execution  "no  property  found,"  then  the  justice  shall 
ifsue  mcapias  against  tbe  body  of  tbe  defendant  or  defend- 
ant*, and  the  cnns'nble  shall  arrest  such  person  or  persons 
ft-itl  (*ommit  bini,  her  or  tlo  m  to  tlie  jail  of  the  county,  to 
remain  forty-eigbt  boiirs,  and,  if  the  judgment  ai  d  costs 
exei-ed  five  dollars,  then  to  remain  in  close  custody,  in  said 
jail,  twenty-four  bours  for  every  two  dollars  over  and 
above   tbe  said   five  dollars,    and   so,  in  proportion  to  tbe 

rt0*m.  amount  of  tbe  judgm<  iit  »ind  costs:    Providal^  howcvrry  if 

the  said  president  an  1  trustees,  or  their  attorney,  sball  le- 
qiiire  a  transcript  of  the  juflgmi-nt  and  costs  to  be  certified 
to  the  rierk  of  tbe  circuit  court  of  the  jiroper  county,  to 
bave  the  same  levird  upon  real  property,  and  signify 
tbe  lamf!  in  writing  to  bim,  be  shall  not  issue  a  capias  as 
•foreaaid,  but  shall,  without  delay,  certify  a  transcript 
thereof   and    all    the   proceedings,   according  to    law,    to 


479  1857. 

such  clerk;  wliicli  sliall  hv  filhd  hiuI  recorded  as  in  other 
cases;  and  sucli  judj^iiu-nt  shall  have  the  same  force  and 
efff  ct  as  jiidf^inents  redered  in  the  circuit  court  :  Provi'  Proviio. 
d(ti^  an  appeal  may  be  grar»ted  within  five  da}S  alter  the 
rendition  of  judgment,  with  the  same  force  and  efTect, 
rights  and  privileges,   to  all  j)aitie?,   as  in  other  cases. 

§    \'l.      The  justices  of    the   peace  iuid    constahles,  who  kcm 
may  render  service  under  this  act,  shall  he  entitled  to  the 
same    fees  and   collect  them   in   the  same  manner   as  is  or 
hereafter  may  be  provided  by  law  in  other  cases. 

§  l:].     The  president  and   trustees   shall  not   be  requi-  seonriiyfor«o»ii 
red  in  suits  instituted  tinder  this  act,  or  ordinances  passed 
by  virtue  thereof,  to  file,  before  the  commencement  of  any 
sutii  suit,  any  security  for  costs. 

§    14.     All  fines,  forfeitures  and   penalties  received  or  'ino"  MUe«ted. 
collected  tor  the   breach  of   any    ordinance    or   this   act, 
shall  be  paid  into  tlie  treasury  of  said   cor])oration  by  the 
officer  or  person  receiving  or  collecting  the  same. 

S  lo.      .A.II  onlinances,  by-laws  and  resolutions  passed  by  Ordinances     la 

the  president  and  trustees  ol  tli*>  town  oi  (Jf[iiawka,  as  in-    pcaied. 
corporated  under  the   general  law,  and   which  are  now  in 
force  and  not  inconsistent  herewith,  shall  remain  in  force 
until  the  same  shall  he  repealed  by  the  president  and  trus- 
tees of  the  corporation  created  by  this  act 

§   10.     All  actions,  rights,  fines,  penalties  and  forfeitures,  Acomed  righu. 
in  suit  or  other^.'ise,  which  have  accrued  to  or  have  been 
commenced  by  'he  president  and  trustees  of  said  town  in- 
corporated  under  the  general  law.  shall  be  vested  in  and 
prosecuted  by  the  corporation  hereby  created. 

§  17.  All  property,  real  and  personal,  or  any  estate  or  Propertj. 
interest  therein,  lield  by  or  belonging  to  the  president  and 
trustees  of  said  town  of  Oquawka,  as  incorporated  under 
the  general  law,  for  the  use  of  the  inhabitants  thereof, 
shall  be  and  the  same  are  hereby  declared  to  be  vested  in 
the  corporation  hereby  created. 

^   1^.     This  charter  shall  not  invalidate  any  act   done  Former muth- 
by  the  jjresident  and  trustees  of  the  town  of  Oquawka,  as    "*" 
at  present  incorporated;  and  all  taxes  assessed  in  favor  of 
said  corporation,  and  which  have  not  yet   been  paid  into 
the  treasury  thereof,    shall,    when  collected,  be   i)aid  into 
the  treasury  of  the  corporation  hereby  created. 

§  1!^.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  evidence  in  all  courts  of  law  or  equity 
within  this  state,  without  j)roof. 

Approved  Feb.  11,  1867. 


1857.  4S0 


r«ft   II,  IS»T.  AN  ACT  to  Incorporate  the  Stfrllng  Brliljio  Company. 

Skction  1.  /^<*  ii  cnacteii  by  the  people  of  the  state  of 
Jl/imn's,  represruteil  in  the  (ieneni/  ^iysevih/i/.  That  AT, 
••^  e»rTw«u  S.  H.-nry,  lliii^li  Wall.u-r,  John  Van  Nonwick,  IJ.  G. 
■MfHUbo.  WlirtltT  ttu<l  Kirhaiil  Kvy,  an<l  thtir  assoiiatt-s,  hriis  and 
a<!sit(ns,  be  and  they  are  htrrhy  constituted  and  decljircd 
a  bitdy  corporato  and  politic,  by  the  name  and  style  of 
"The  Sterling  liridj;''  Company,"  lor  the  purpose  of  erect- 
iiii;  ;»nd  niaiiitainini;  a  briilge  across  the  Rock  river,  at 
Sl«rlini;,  in  Whiteside  count);  and  by  that  name  and  style 
are  lierel>v  maile  as  capable  in  la.v  as  n  itural  }M>rsons  to 
contract  and  be  conti  acted  with,  sue  and  be  sued,  jilead 
and  be  impleaded,  in  all  courts  of  law  and  eonity;  to  make 
and  use  a  common  seal,  to  alter  or  amend  the  same  at 
pbasure,  and,  generally,  to  do  and  execute  all  acts,  mat- 
ters and  things,  which  a  body  corporate  or  politic  or  an 
individu.il  may  lawfully  do;  and  the  said  company  shall, 
in  law,  be  capable  of  j)urchasing,  holding  and  conveying 
any  estate,  real  or  personal,  tliat  may  be  necessary  to 
enable  said  company  to  accomplish  the  object  of  this 
corporation,  as  above  expressed  ;  ami  the  stock  of  Paid 
company  shall    be   deemed   and   considereil   personal  \)T0- 

^  2.  The  caj)ital  stock  of  said  comj)any  shall  be  fifteen 
thousand  dollars,  but  may  be  increased  to  thirty  thousand 
dollars,  should  the  directors  of  said  company  deem  such 
increase  necessary  for  the  purpose  of  erecting  and  main- 
taining said  briilge;  and  said  capital  stock  shall  be  divided 
into  shares  of  twenty  dollars  eaeh;  and  the  said  IM.  S. 
Il.nry,  Hugh  Wallace,  John  Nan  Nortwick,  H.  (r.  WIhm-I- 
er  lliohard  Hvy,  are  hereby  authorized  and  «mpowered  to 
open  or  cause  to  be  oj)ened  the  books  f  r  subscription,  at 

•9*^1     ptvi'  BUqU    ime  and  place  as  they  may  deem  |)roper. 
•••••  ^  :i.     Ii  s'lall  be  lawful  for  all  |)ersons  who  have  heretofore 

subscribed  and  paid  certain  sums  of  money  for  the  erec- 
tion of  ii  free  bridge  at  said  place  to  take  stock  to  the 
.•mount  of  said  sums  of  money,  so  subscribed  and  ])aid; 
•nd  whenever  sevi-n  thousand  five  hundred  dollars  of 
stock  shall  have  been  subscribed,  said  M.  S.  Henry,  Hugh 
Wallace,  John  Van  Nortwick,  H.  (i.  Wheeler  and  Hich- 
ard  Evy  may  call  a  meeting  of  the  stockholders,  at  Ster- 
ling, as  aforesaid,  by  j»o'»ti:)g  up  written  or  jjjinted  notice.i 
of  the  time  and  place  of  holcing  such  meeting  in  three  or 
more  public  places,   at  least  tweiity  days  before  the    time 

ptfiiri,  of  holding  such  meeting,  for  the  purpose  of  choosing  three 

rmi-T  ef  «.  directors  of  said  company. 

'•'**••  J   1.      At  the  time  of  such  meeting  the  utockholders  Hhall 

choosi"  a  president  and  secretary,  from  among  their  num- 
ber, and  shall  then  elect,  hy  a  ballot,  three  of  their  mem- 


481  1857. 

bers  as  directors,  who  shall  hold  their  offices  for  one  year 
and  until  their  successors  shall  be  chosen;  and  at  all  elec- 
tions for  directors  e;ich  stockholder  shall  he  entitled  to 
one  vote  for  each  and  every  share  of  stock  by  hini  own- 
ed, which  may  be  ciisl  by  such  stockholdtir  in  person  or  by 
proxy  duly  authorized;  and  an  election  for  three  directors 
shall  be  holden  annually,  after  th"?  first  election,  on  the 
first  Monday  of  the  morith  in  which  the  first  election  un- 
der this  act  sliall  be  held. 

^  ;").  Said  directors,  when  chosen,  shall  choose  one  of  ooceriof  bwrd. 
their  number  president ;  and  they  shiill  have  power  to 
choose  a  secretary  and  treasurer  and  all  such  other  offi- 
cers, agents  and  laborers  as  they  may  deem  necessary  und 
proper,  and  to  prescribe  all  necessary  bylaws,  rules  and 
ret»ulations  for  the  j^overnment  of  said  company  and  its 
officers  and  ajrents,  which  will  n  )t  be  inconsistent  with 
the  constitution  and  laws  of  tlie  United  States  or  of  this 
state. 

§  0.  Said  comjiany  shall  commence  said  bridge  within  Time  of  begia- 
two  years  and  complete  the  same  within  four  years  from  "'''*'''^ 
the  pas'^age  of  this  act;  and  may  locate  the  same  upon  and 
from  B  street,  of  said  town  of  Sterling,  to  the  opposite 
bank  uf  the  Roi  k  rivtr,  and  may  use  so  much  of  said 
street  as  shall  be  necessary  for  the  building  of  said  bridge, 
and  make  a  good  and  sufficient  passage  to  and  from  the 
same;  and,  also,  said  company  i5  authorized  and  empower- 
ed to  obtain  the  right  of  way,  at  and  from  either  end  of 
said  bridge,  to  any  public  road  or  roads  necessary  for  the 
use  of  said  bridge,  either  by  purchase  or  in  manner  pre- 
scribed by  law  tor  obtaining  the  right  of  way  for  public 
roads,  canals,  railroads  or  other  public  works. 

>j  7.  Said  company  is  hereby  authorized  and  empower-  to;i«. 
ed,  after  the  completion  of  said  bridge,  to  place  a  toll  gate 
and  toll  house  at  eitlier  or  both  ends  of  said  bridge  and  to 
demand  and  receive  for  passing  over  the  same,  the  fol- 
lowing rates  of  toll,  viz:  i'or  each  two  horse  wagon,  car- 
riage or  other  vehicle,  drawn  by  two  hf>rses  or  other  ani- 
mals, twenty  five  cents,  and  for  an  additional  wagon  at- 
tached thereto,  five  cents;  for  each  one  horse  wagon,  car- 
riage or  other  vehicle,  drawn  by  one  horse  or  othir  ani- 
mal, fifteen  cents;  for  each  hor.^e  or  other  animal  and  ri- 
der, ten  cents;  for  ea^'h  head  of  horses,  mules,  asses  or 
cattle,  under  and  to  the  number  of  twenty,  not  driven  in  a 
team  or  term^,  three  cents,  and  for  all  over  twent},  two 
cunts;  for  «"aoh  head  of  swine  or  sheep,  one  cent  :  Provi- 
ded, said  company  m^y  double  the  above  rates  of  toll  af- 
ter nine  o'clock  in  the  evening  and  before  daylight  in  the 
morning. 

§  8.     Said  company  shall,  at  all   times  after  the  com-  Be^ain. 
pletion  of  said  bridge,  kee}>  the  same  in  good  order  and 


185T. 


482 


t^wy. 


f»*»H». 


rep*ir,  with  a  safe  and  conveniert  pai^SBge  to  and  from  the 
8»tnt>,  uiiK'SS  the  yanio  sliHllbo  CBiried  away  or  jujuhmI  by 
lli^h  watrr  or  otltt-r  casuality,  and  tlitn  tht-  same  sliall  bo 
S|'»'ttlily  rebuih  or  repaired. 

^  l».  If  any  persons  shall  willfully  do  or  cause  to 
be  done  any  injury  to  said  bridge,  su^h  person  or  j>er- 
5on«,  so  olVf  ndinu;,  shall  be  liabh-  to  j)ay  to  said  company 
not  le5S  than  twick  the  amount  of  ^;ueh  injury,  to  be  re- 
covered by  said  corjioration,  with  costs  ot  suit,  in  an  ac- 
tion of  trespass,  in  any  corirt  having  competent  jurisdic- 
tion thereof,  or  by  indictnn  nt  in  the  circuit  court,  in  the 
name  of  the  people  of  the  state  of  Illinois;  and  on  convic- 
tion, under  indictmt  nt,  such  person  or  persons  shall  also 
be  liable  to  imprisonment,  not  exceeding  three  months, 
and  to  pay  costs  of  prosecution. 

^  10.  Any  person  crossing  said  bridge,  with  any 
beast  or  animal,  faster  than  a  walk,  shall  forfeit  and  ])ay 
tlu-  said  company  five  dollars  for  each  olFence,  to  be  re- 
Co\  ered  by  an  action  of  debt,  before  any  justice  of  the 
peace  or  other  otfcer  having  jurisdiction  thereof:  Provi- 
deJf  said  company  shall  keep  up  at  each  hiuI  of  the  bridge, 
in  Some  conspicuous  place,  notice  to  that  effect  in  large 
letters.  Said  compan}  shall  have  power  to  borrow  money, 
not  exceeding  one-half  of  the  amount  of  their  capital  stock, 
for  the  purpose  of  buihling  said  bridge  or  keej)ing  the  same 
in  repair,  and  may  mortgage  said  bridge  and  its  tolls  fur 
that  purpose  and  for  no  other. 

^11.  The  said  company  shall  have  the  ]>ower,  at  any 
time  after  the  town  of  Sterling  shall  become  incorporated, 
to  s»ll  and  transfer  their  <hart(r  and  all  the  rights,  privi- 
li'gt  <  and  property,  by  them  ac(|uired  by  virtue  th»'reof, 
to  said  town  or  city  corj)orrttioti,  or  to  the  cotjiity  ofWhite- 
iide;  and  it  shall  be  lawful  for  said  town,  when  t.o  incor- 
porated, or  said  county,  to  purchase  the  same,  and  exer- 
cite  all  the  rights  and  privileges  herein  granted  to  said 
company;  and  it  may  be  lawful  for  said  county,  or  said 
town,  when  inc(  rporated,  to  take  and  hold  stock  in  said 
bridge  company. 

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

Ai'i'ROVKD  Feb.  11,  IH.'iT. 


-y*    It,l«t7. 


AN  ACTtotfD»ftd  ''Ar,  »rt  to  Incnrporate  the  Quincy   Wof.d  and  Coal 

Cornpany," 


[Section  1.]      ///■  i/  etifuird  hy  thr  projilr  of  lUv  slate  itf 

llUnoiiy    rrprfufiitrd  tii.  thr    (iriivral  Jissnnh/y,    That    tho 

M      •«  pofrrm  and  privileges  conferred  by  the   act  to  which  thii 


483  1857. 

is  an  amendment  are  hereby  extended,  so  as  to  give  to 
said  CM>inj)aciy  the  riglit  to  carry  out  iheir  operations,  as 
sucli  company,  in  tlic  county  of  Adams,  or  any  other  county 
situate  on  or  contij^uous  to  the  North(;rn  Cross  railroad, 
and  to  allow  said  company  to  have  a  principal  office  iti  the 
city  of  Quincy  ;  and  said  company  may  construct  a  plank 
or  railroad  to  some  convenient  point  on  said  railroad  from 
any  one  of  their  coal  mines  in  any  one  of  said  counties,  in 
like  manner  and  under  (he  same  restrictions  provided  in 
section  second  of  the  said  act  to  which  this  is  an  amend- 
ment. 

§  J.     lie  it  Jurther  enacted^  That  the  capital  stock  of  Cai.it<i  itock. 
said    company  may,  on  a  vote  to  that   effect  by  the  board 
of  directors  tlureof",  be  increased  to  two  hundred  and  fifty 
thousand  dollars. 

§  :'..     This  act  to  take   eflfect  from    and  after  its  pas- 
sage. 

Approved  Feb.  12,  1857. 


AN  ACT  for  the  relief  of  Selenia  Hudson  and  Joseph  Harprave.  Feb.  12, 1887, 

Whereas  Barney  Hartjrave,  late  of  Gallatin  county,  de-  ProviMong      o 
I  c        1  1  4     1  *i  •     1-4'  I        1  4i        "'"  •'  B»rnef 

ceased,  a  mun  of  color,  departed  tins  lite  on  or  about  the    nargravo. 

day  of  December  l^oG,  having  made  and  published 

his  last  will  and  testament,  by  which  last  will  and  testa- 
ment he  devised  and  bequeathed  all  his  estate,  real  and 
personal,  to  his  two  illegitimate  children,  Selenia  Hud- 
son and  Jo>:eph  Hargrave,  both  of  whom  reside  in  the 
county  of  Gallatin,  in  this  state;  :  nd  the  said  Barney 
H.<rgrave  having  died  seized  in  fee  of  real  estate  situa- 
ted in  this  state  and  possessed  of  personal  property;  and 
whereas,  also,  said  will  and  testament  was  attested  by 
one  subscribing  witness;  tlierefore, 

Skction  1.      Be  it  enacted  by  the  people  of  the  state  of 
Illinnh,  represented  in  f/ij  General  ^Isse     blf/.  That  all  the 
rigli*,  title  and  interest  which  the  state  of  Illinois  now  has  ui^nt  »mi  titi* 
or  h^*reafte^  may  acquire,  by  escheat,  in  the  real  and  per-    sei'ciuiI*Hodfon 
iona'  ostate  of 'he  said  Barney  Hargrave,  deceased,  be  and    H^rgr.To"**** 
same  is  hereby  released  to  and  confirmed  upon  the  said  the 
Selenia  Hudson  and  Joseph  Hargrave. 

§   1.     The  said   Selenia  Hudson  and  Joseph  Hargrave  nein »uihortie4 
shall  !)»'  entitled  to  proceed  in  their  own  names  in  the  same    ^ra7i^*t»i^. 
manner  as  the  state's  attorney  on  behalf  of  the  state  is  au- 
thori.red  to  proceed  under  the  laws  now  in  force,  regula- 
ting escheats;  and  the  same  process  shall  be  awarded  to  the 


lSo7.  4S4 

SAiii  Selenia  and  J.isepJi,  uiul  judj^ment  liail  in  Uieir  names, 
tiitii  lor  tilt  ir  bi'iji'iit,  as  tlio  state  would  he  entitled  to  un- 
der the  said  la\v^!,  the  court  proceeding  in  nil  respeits  bj' 
tlie  same  rules  a<!  are  piesciihtd  for  the  regulation  ol  in- 
I'ormation  on  bthalfot  the  state. 

J  J'l.  It  is  hereby  intendi  d  that  the  rights  of  the  l»>gal 
and  lawful  heirs  of  the  said  Barney  llargrave,  <U'Ceasod, 
it  any  there  be,  shall  stand  and  be  in  all  respects  as  under 
the  provisiiwis  of  the  escheat  lnws  of  this  state  in  force. 

This  act  to  be  taken  and  deemed  a  public  act  and  bu  in 
force  from  and  after  its  passage. 

.\prRovKU   I'eb.  ll!,  ISaT. 


rak  IS,  Wff:.  -^^   ACT  to  incorporate  tbeJoUsl  IiiBurancc  Company. 

Skctio.n  1.  /h'  il  cnacled  by  the  people  of  the  statf  of 
lUiimiSy  reprist)}ttil  in  the  General ^'hsemhly^  That  there 

xmmnmn  caa- shall  be  established,  in  the  city  of  Jolit  t,  an  insurance 
***''  company,  to  be  called   the  "Joliet    Insurance   Company.'* 

%mtt  cDTventc  ^  -.  All  such  persons  as  shall  hereafter  he<  ome  stock- 
■»4|Mtmc.  Iiolders  of  said  company  shall  be  and  they  are  hereby  de- 
clared to  be  a  body  corjiorafe  and  politic,  b}  the  name  and 
8l)le  of  the  "Joliet  Insurance  Company,"  and  by  that 
name  and  st)  Ic  shall  b«'  capable,  in  law  or  erjuity,  of  pl<  ad- 
iug  and  being  impleadt  d,  and  shall  lia\e  power  to  contract 
and  be  contracted  with;  and  .«hall  ha\e  perpetual  succes- 
sion, in  all  ca^c",  courts  and  places  whatsoever. 

•■■■Ml**!.  $  3.     The  said   corporation  may  have  and   use  a  com- 

mon seal,  which  they  may  alter,  change  or  revoke  at  their 
pleasure;  and  m.ny  aN'o  make,  establish  and  put  in  execu- 
tion such  by-laws,  ordinances,  luNs  and  regulations  as 
shall  in  their  ujiinion  be  ncce.ssary  for  the  good  govern- 
m'-nt  uf  said  corporation  and  the  prudent  and  elficient 
utanagemcnt  of  its  alfairs;  but  no  bylaw,  rule  or  n  j;ula- 
tiMi  of  said  compMiy  tihall  in  any  manner  conflict  with  the 
constitution  and  laws  uf  the  United  States  or  of  this  state. 

••^iui ••««».  ;^   4.     The  capital  stock   of  said  company  sliall  be  one 

l»tin<lred  thousand  dollars,  to  be  divided  into  shares  ol  one 
h<indr«'d  dollar.i  each,  to  be  paid  in  sucli  installments  as 
tlie  directors  may  from  time  to  lime  provide-,  or  as  may  be 
•forced  u[ion  between  the  j)ersons  subscribing  and  the  cor- 
poration, with  such  penalties  as  the  president  and  direc- 
tors may  in  their  di-icretion  order  and  appoint.  The  said 
capital  ftock  may  be  increased,  from  time  to  time,  to  an 
am  .(Urit  not  exceeding  fiv«;  hundrrd  thousand  dollars,  in  the 
dtJcrcti'jn  of  a  majority  of  the  directors  of  said  corporation, 


485  1857. 

to  be  subscribed  fjr  and  tal^rn  under  ti.e  direction  and 
superintendence  of  the  president  and  directors  aloresaid. 
or  by  any  person  duly  appointed  by  tli«^  board  of  directors 
of  said  corporation.  Tlie  stock  of  said  corporation  sliall 
be  assignable  and  transferable,  according  to  sucli  rules 
and  ret^uUtions  as  may  be  adopted  from  lime  to  tiu»e  by 
the  board  of  directors. 

&  5.     The  corporation  hereby  created  shall  have  power  i'"'^*""  <»  ra»k« 

1  ,1         •         ■      *        I  •  •  II        iiinurwico. 

and  authority  to  make  marine  insurance  on  vcs'^t  Is,  jroofls 
or  merchandize,  steamboat',  canal  boats,  proptllei>i,  flat 
boats,  &,c.,  on  any  of  the  navijrable  waters  of  t*i»'  United 
States  or  Canadas,  and  on  freight  forwarded  by  railroad,  a?.d 
on  all  freights,  monej  s,  merchandize,  and  on  all  maiirje 
risks  on  the  Atlantic  or  Pacific  ocean,  or  any  water  con- 
tiguous thereto;  and  against  all  losses  by  fire  on  goods, 
wares,  merchandize  and  all  articles  of  personal  property, 
and  on  all  buildings  and  houses  whatsoever;  ihey  may  also 
cause  tiiemselves  to  be  reii.sured  against  all  maritime 
risiks  upon  which  they  have  taken  insurance,  and  upon  the 
interest  they  may  have  in  any  vessels,  goods,  wares  and 
merchandize  or  buildings  in  virtue  of  any  such  insurance, 
whether  on  bottomry,  respondentia  or  otherwise,  on  such 
terms  or  conditions  as  niay  be  agreed  upon  by  the  parties, 
and  to  fix  the  premiums  and  times  of  payment. 

§  G.  All  j)olicies  of  insurance  by  them  issued  sha!l  be  Poiiciw.  ' 
subscribed  by  the  president,  or  in  case  of  his  death  or  ab- 
sence, by  the  vice  president,  and  countersigned  by  the 
secretary  of  said  comj)any;  and  all  losses  arisii.g  under  any 
policies  so  subscribed,  may  be  adjusted  by  the  president 
and  board  of  directors,  or  such  agents  or  employees  as 
they  may  from  time  to  time  appoint. 

§  7.     Said  corporation  shall  not  issue  any  policy  or  do  Kotioi«-nept.ii. 
any  insurance  busiiuss  whatever  until  one-fourth  nait  of  ^"'\"""''"'V 

I  •!  11  fourth  Ihocapl - 

their  capital  stock  sliall  jiave  been  subscribed  and  actual-  tautockiupBid 
ly  paid  in,  in  cash  The  said  coinj)any  shall  not,  directly 
or  indirectly,  deal  or  trade  in  buying  or  selling  any  goods, 
wares  and  merciiandize  whatever.  But  the  president  and 
directors  may,  at  their  option,  vest  the  capital  stock  of 
said  corporation  in  the  public  stocks  of  the  United  States 
or  any  of  ihe  states  of  the  Union,  or  in  such  other  stocks, 
bonds,  notes,  mortgages  or  such  other  securities  as  they 
shall  deem  best,  or  may  loan  the  same  to  such  person  or 
persons  as  they  shall  think  proper,  and  at  such  rate  of  in- 
terest as  may  be  allowed  by  the  laws  of  the  state. 

§  8.  Said  corporation  may  purchase  and  hold  such  nc^:  r.i.«e 
real  estate  as  may  be  necessary  for  the  transaction  of  its 
busines*?,  not  exce«  ding  in  value  the  sum  of  thirty  thou- 
sand dollars,  Riul  to  take  and  to  hold  any  real  estate  or  se- 
curities mortga;;ed  or  pledged  to  the  said  cor|)oratinn,  to 
secure  the  payment  ol  an)  debt;  and  also,  may  purchase 


1SJ7.  4SG 

on  salt's  niaJc  by  virtue  of  any  jiulgmoiit  in  law  or  on  any 
decree  -T  any  court  in  equity  in  lavor  of  suiil  corpoiation, 
or  to  take  or  receive  any  real  estate  in  payment  or  lor  the 
satisfaction  of  any  debt  due  to  said  enrporalion,  j)re\  iuusly 
contruoted,  and  to  hold  the  same  until  tiny  oun  conven- 
itn'Iy  untl  advaht;is;t'ousI\  >»ll  or  {li.>--|. ose  of  the  same,  and 
t<>  st'll  and  con\ev5t^id  nal  estate  when  thus  obtained: 
Pruvithd^  the  said  corporation  shall  be  comj>elledto  offer 
in  B<'«»d  faith  the  said  real  estate,  except  what  shall  be 
necessary  for  their  use  in  the  transaction  of  their  business, 
at  It  ""t  oiirr  in  live  )ears,  at  public  auction,  to  the  high- 
est bidder. 

^  '.'.  Josiali  Mc Roberts,  S.  W.  I^nvm  and  Francis  L. 
Cagwin  a.'e  hereby  appointed  commissioners  for  superin- 
tendiuiT  subscription  to  said  capital  stock.  The  said  com- 
missioiM'rs,  or  n  majority  of  tlutn,  shall  open  the  books  of 
subscrijition  of  said  coiporation.  at  the  city  of  .Joliet,  at 
least  ore  day  after  having  piven  tw( uty  dijs' notice  of  the 
time  and  place  of  the  opening  of  said  books,  and  shall  keep 
the  same  open,  at  some  convenient  pla»  e  in  said  city,  until 
at  least  one-fourth  of  the  capital  stock  of  said  comjiany  is 
subscribed.  Said  notice  shall  be  published  at  least  two 
wt  eks  previous  to  the  opening  t)f  said  books,  in  some  pub- 
lic newspaper  published  in  the  city  of  Joliet.  The  sum  of 
three  dollars  on  each  share  <.»f  stock  subscribed,  shall  be 
paid  to  said  commissioners  at  the  time  of  subscribing,  by 
each  and  every  subscriber  to  said  ca])ital  stock  ;  the  re- 
ro.iindt-r  o'  such  subscription  shall  be  called  in  in  such 
installn  ent»,  and  pnjable  at  such  tim«s  and  places,  as  the 
board  <»fdirectois  of  .><aid  corporation  mi»y  direct,  f.n«l  uinier 
such  penalties  of  ft>if«  iture  or  otlorwise  as  they  nni},  by 
their  by-law!*  or  resolutions,  prfscribe,  or  at  such  tinn  s  and 
places  and  in  .such  sums  as  the  subscribers  and  the  presi- 
dent and  direct.irs  of  said  corporation  may  agree  upon.  In 
case  of  the  di-alh  or  abs«  nee  of  two  of  said  commissioners, 
tlu"  third  may  act  with  the  same  powris  that  a  mnjority 
would  pO<<''<  8>. 

§  li'.  The  stock,  propi-rty  and  concerns  of  said  com- 
pany shall  be  managed  by  a  board  of  five  directors,  with 
such  agents,  employ*-)  s  and  servants,  as  they  ma}  appnint. 
SaicI  bu;«rd  of  dirj;ctr»ts  shidl  he  chosen  by  tin-  stoi  khold- 
crs  of  .laid  compan),  ( till'  first  hoard  under  the  suptrln- 
tentNnce  of  the  comiiiisfiioners,  or  amnjojily  of  tl.«m,) 
and  who  «ihall  hold  thi  ir  ofliers  for  one)  ear,  and  in  ca<  of 
the  death  or  re»ign»tiriii  the  vacancies  may  be  filled  for  the 
lime  Seing  by  lh«  surviving  (lirectois.  All  of  said  (iirec- 
tor4  shall,  at  the  time  of  llnir  eleetion,  Ix;  nloc  kholdci  .9  of 
said  corporation,  hiuI  a  rnnjority  of  tin  m  shall  be  citi/ens 
of  Ihii  »t»»c.  Tlo-  nijrnb«'r  of  paid  boar<I  of  din c.tcns  may 
be  incrvNfed   or  diminiNhed,  as  to   theni  uhall  seem  bcbt. 


Vi'*^1%. 


487  1857. 

Said  commissioners  shall,  as  soon  as  one-fourth  part  of  the 
stock  is  subscribid,  give  ten  days'  notice,  in  8on)e  pnhlic 
news|)aper  in  Joliet,  of  the  time  and  jilace  of  holding  an 
electinn  for  directors  of  said   corporation. 

5    11.      The  election  of  said  board  of  directors  shall   be  Ei<^iinn  of  *!• 

iTi  II  !•  II  •  •!•  c  T     f     L       reclori. 

held  annually,  at  sucli  time  and  pla^te  in  said  city  ot  Joliet, 
as  the  board  may  from  time  to  lime  appoint;  and  all  elec- 
tions shall  be  bv  ballot,  allowing  one  vote  li»r  each  share 
of  stock.  The  five  persons  receiving  the  highest  nnmber 
of  votes  to  be  the  directors.  And  incase  of  tie  between 
any  two  or  more  of  the  stockholdtrs  jtrestnt,  in  person  or 
by  proxy,  to  choose  between  the  persons  thus  having  the 
liighest  number  of  votes;  and  in  case  tht-y  sIihII  not  be  aide 
to  agree  at  the  second  election,  ihe  commissioners,  if  at 
the  first  election,  or  directors  legally  elected,  if  at  any 
other  election,  shall  designate,  by  lot,  which  of  the  \>or- 
sons  receiving  an  equal  numb«'rot  votes  shall  be  elect*  d. 
In  case  any  stockhoi<ler  shall  fail  to  pay  any  portion  of  his 
subscription  when  the  same  becomes  due,  the  directors 
may  declare  the  same  forfeited,  or  may  provide  and  col- 
lect the  same  by  a  suit  at  law. 

§  12.  The  directors,  when  chosen,  shall  meet  as  soon  omc«rt. 
as  may  be  after  every  election,  and  choi.se,  out  of  their 
number,  a  presiden^  who  shall  preside  at  their  meetings, 
and  perform  such  other  duties  as  may  be  prescribed  by 
said  board  of  directors.  S-^id  board  of  directors  shall  a!.so 
have  power  to  choose  a  secretary,  and  such  other  otficers 
as  they  shall  deem  best,  and  to  fix  their  compensation,  and 
define  their  powers,  and  pr  scribe  their  duti^^s;  which 
said  otficers  shall  give  such  bond,  in  such  penal  sum  and 
with  such  conditions  as  they  shall  prescribe,  and  with  such 
securities  as  they  shall  approve  of;  and  shall  hold  their 
several  otfices  during  the  pleasure  of  a  majority  of  the 
board  of  directors.  A  mnj  >rity  ot  ^aid  board  of  directors 
shall  constitute  a  quorum  for  the  tran'Jaction  of  business. 

§   Vi.     The  president   and  directors    of   said  company,  Annnu 
shall,  previous  to  the  subscribing  of  any  policy,  and  (uice 
in  each  year,  publish  in  two  of  tlie  newspa])ers  printed  in 
this  slate  th»»  amount  of  their  capital  stoek. 

§  14.  It  shall  be  the  duty  of  the  president  and  direct-  uitiJ.nUi 
ors  of  said  company,  at  such  times  as  tlie  by-laws  tl  ercof 
shall  |)rescribe,  to  make  dividends  of  so  much  of  their  in- 
terests and  profits  arising  liom  the  capital  stock  ot  saiil 
compiny,  over  and  above  the  los-:es,  as  to  them  shall  seem 
advisable,  once  in  every  three  years,  and  oftener  i(  re- 
quired by  a  vote  of  the  stockholders.  The  directors  shall 
lay  before  the  stockliolders  a  full  and  complete  statement 
of  theaffdirs  of  said  company;  which  shall  be  sworn  to  by 
the  president,  or  secretary,  c)r  some  one  (tf  the  officers  of 
said  company,  showing  the  amount  of  profits  and  losses  of 
said  company. 


«lst«- 


r*iufc.-\.  ^   !."».     This  is  hereby  tleclarnl  to  be  a  juiblic  act,  nnd 

sliall  take  ttlVct  from  and  alUr  its  nassnge,  ami  shall  be 
liberally  constriieil  (ot  any  nurposo   lierein  contained. 

x«       Ukkia<       {^    1('..     Nolhing  in  this  act  coiitaiiietl  shall  confer  on  said 

flr*^*    *"**  company  the   privilege  of  issuing   notes  similar  to   hank 
notes,  for  the  purpose  of  a  circulating  inpilium. 

*<•■•••  ?   !"•  That  in  case  ot  any  loss  or  losses  taking  place  that 

shall  be  equal  to  the  amount  of  the  capital  stock  of  said 
company,  anil  the  presicU-nt  and  directors,  after  know'ng 
of  such  loss  or  losses  having  taken  place,  shall  knowingly 
subscribe  to  any  policy  of  insurance,  their  estates,  joint 
and  severally,  shall  be  liable  for  a;iy  and  every  loss  \vhicli 
shall  take  jdace  tinder  ])olicies  so  subscribed;  and  the  es- 
tatt'S  ol  >toekholders  as  afo»esaid  shall  he  liat)le  for  any 
loss^-s,  equal  to  ilie  amount  of  saiil  caj)ital  stock  subscri- 
bed, and  not  actually  paid,  in  all  cases  of  losses  exceeding 
the  means  of  said  company,  whether  they  consi3t  of  stock 
pai<l  in  or  profits  not  divided. 

*-*-:'«y-  ^   IS.     The  CMjiital  paid  in   on  the  stock,  and  real  and 

pei.'onal  projierty  of  said  compaiiy,  shall  be  liable  lor  the 
paxmint  of  taxts  in  the  town  or  citv  where  the  sune  may 
be  located;  but  no  stockholder  shall  be  liable  lor  the  }>ay- 
ment  of  taxes  on  the  same  stock  held  by  him  which  shall 
have  been  assessed  to  said  company.  This  charter  shall  be 
Void  and  of  no  effect  urdess  a  majniity  of  the  stock  shall  be 
Rubseribed  and  the  company  shall  commence  ojierationSj 
agreeably  to  the  provisions  thereof,  within  five  years  af- 
ter the  passage  of  this  act.  Tiiis  act  sh  dl  take  tlfcct  and 
be  in  force  from   and   after  its  passage. 

§  11».  Nothing  herein  contained  shall  be  construed  to 
authorize  said  company  to  issue  any  hank  notes  or  evi- 
dence* of  d»-bt  in  tin-  form  or  similitude  of  hank  notes  or 
hank  bilN,  nor  to  authorize  said  company  to  recei\e  on 
de|»n«iit  or  boirow  money  »'nd  loan  the  same,  unless  the 
fame  be  rircv-ived  tor  policies  of  insurance  or  the  capital 
flock  of  said  eornp^^ny,  or  deal  in  hills  ot  exchange. 
ArfRovKD  Feb.  12  IH.'J. 


# 
r^.  Ut  I«ff7.  AN  ACT  to  incorporai)>  the  F'.iri(i  and  Chlrapo  Railrond  fompany. 

Skction  1.  fir  il  riuirtrd  Inj  lliv  jiropic  of  the  shite  of 
UlitntiH,  rrprrmtili  il  in  lltv  (icinriit  *'Jssi?nlilij,  Thiil  nil 
••(f  MMk  M4  (Ucli  per<«oni  an  fhall  become  sloekholder.'-,  agreeahl)  to 
til**  provinionii  of  the  corporation  hereby  created,  Nhall  bo 
•  nd  «r«*  h»Teby  de  lared  a  hod)  corporate  and  politir,  by 
the  n«nie  of^'The  Pari^  and  Chicago  Huilroad  Compati}," 


489  1857. 

witli  perpetual  succession  ;  and  by  that  name  may  sue  and 
be  sued,  complairi  nud  (Ifit'tid  in  any  court  ol  law  or  «  quity; 
may  make  and  use  a  coniinou  seal,  and  alter  tlie  same  at 
pleasure;  may  make  by- laws,  rules  and  ref];u!atioiiS  for 
the  man.'igement  of  property,  the  regulation  of  its  affairs, 
and  for  the  transfer  of  its  stock,  not  inconsistent  with  the 
existing  laws  and  constitution  of  this  state  or  of  the  United 
States;  and  may  appoint  such  otfictrs,  agents  and  ser- 
vants as  the  business  of  the  said  company  may  re(|uire, 
prescribe  their  duties  and  require  bond  for  the  faithful 
performance  thereof. 

6  2.  Tliat  Joseph  Peters,  William  Fithian,  Hiram  Sand-  OnmmiMioneM 
ford,  Milton  M.  Dill,  Wm.  A.  Chaffield,  Slocumb  Wilber,  '"""«» ^x*^- 
Willard  Wood,  Benj  imin  Baker,  Henry  Smith,  Edward 
Martin,  Peter  Page,  Benjamin  Cannaday,  be  and  they  are 
hereby  ap|)ointed  commissioners,  for  the  purpose  of  pro- 
curing subscriptions  to  the  capital  stock  of  said  comj)any; 
whose  duty  it  shall  be  to  open  books  for  subscription  to 
the  capital  stock  of  said  company,  giving  notice  of  the 
time  and  \  laces  when  and  wlieie  books  will  be  opened,  at 
least  thirty-days  ])revious  thereto,  by  publication  in  some 
new-paper  published  at  tlu  city  of  Chicago.  The  said 
commissioners  shall  attend  at  the  places  appointed  for 
the  opening  of  said  books,  and  shall  continue  to  receive 
6ub<L'ripti('ns,  either  ptrsonally  or  by  such  agents  as  they 
shall  appoint  for  that  jiurpose,  until  the  sum  of  one  hun- 
dred and  sixty  thousand  dollars  shall  be  subscribed.  The 
said  commissioners  shall  g've  twenty  days'  notice,  by 
publication  in  a  newspaper  published  the  city  of  Chicago, 
of  an  election  by  said  stockholders  of  a  board  of  directors, 
as  hereinafter  provided,  for  the  management  of  said  com- 
pany. At  such  time  and  place  so  ajipointed  for  the  pur- 
pose, the  commissioners  or  a  majority  of  them,  shall  attend 
and  act  as  inspectors  of  said  election  ;  and  the  stock- 
holders present  shall  proceed  to  elect  seven  directors,  by 
ballot;  and  the  commissioners  present  shall  certify  the 
result  of  such  election,  under  their  hands,  which  certifi- 
cate shall  be  recorded  in  the  record  book  of  said  comjiany, 
and  shall  be  sufficient  evidence  of  the  election  of  the  direc- 
tors therein  named.  The  directors  thus  elected  shall  hold 
their  office  lor  one  year  and  until  their  successors  are 
elected  and  qualified. 

§  8.  The  capital  stock  of  said  company  shall  be  five  Cipiui  (tock. 
hundred  thoinand  dollars,  and  shall  be  divided  itito  shares 
of  one  hundred  dollars  each  ;  and  may  be  increased,  by 
the  directors  of  said  company,  to  any  s»im  necessary  to 
comple'e  the  works  her*  in  authorized  ;  and  the  same  shall 
be  subscribed  for  and  taken  under  the  direction  of  the 
board  of  directors  of  said  company,  at  such  time  and  in 
such  [ilacc  and   manner  as   the  said  directors   shall,  from 


fftiti  «a  ttoak. 


1857.  ,  400 

time  to  time,  direct.     Tlio  shares  of  saiil  o;ij)itHl  stock  of 
S«ul  cimipdiiy  shall  be  deemed  and  coijsMdered  as  ]Hjs-iiial 
*  prt»|»ert). 

^^  4.  The  atiairs  of  said  company  shall  he  managt  1  by 
a  board  of  seven  directors,  to  be  chosen,  anniially,  bv  the 
stockholders,  from  among  themselves.  At  all  elections 
for  directors  each  ^tockhoKler  shall  he  entitled  to  oie  \  ote 
for  each  share  of  stock  In  Id  by  him,  and  mity  vote  person- 
ally or  by  j>rM\y  ;  and  a  j>lurality  of  the  votes  ^inui  at  any 
ehction  <jhall  dt-termine  the  choice.  The  directors  shall 
hold  their  otSce  for  one  year  after  their  election  iimi  nntil 
their  successors  ore  elected  anti  qtinlified  ;  and  shall  elect 
one  of  their  number  as  presidt  nt  of  said  boiiid  ;  and  in  case 
of  any  vaca.cy  occurring  in  said  board  of  directors,  be- 
Iw-en  election?,  the  sarne  may  be  filleil  by  the  board,  at 
any  lega.'  meeting  of  the  directors ;  and  the  person  so 
elected  to  fill  the  vacancy  shall  hold  his  office  until  the 
next  annual  meeting  of  the  stockhol  lers.  In  ca<e  of  the 
III  stMiCe  ot'  the  president  of  the  board  the  directors  shall 
Ijive  power  to  elect  a  prt-sidcnt />?-(y  /e//i.y  who  slia'l  exer- 
cise, for  the  time  being,  all  the  legal  powers  of  the  presi- 
dent of  said  board. 

§  .3.  It  shall  be  lawful  for  the  directors  to  make  calls 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany, at  such  times  and  in  S'lch  amounts  as  they  shall  d«  em 
fit,  giving  at  least  thirty  days'  notic«>  of  each  of  said  I'alls, 
in  at  least  three  ni-wspapris  published  in  the  vieinit)  of 
said  road  ;  and  in  case  of  failure  on  tlu;  part  of  any  st(>>  k- 
holder  to  make  payment  of  any  call  made  as  aforesaid,  by 
the  said  director,  for  sixty  days  after  the  same  shall  have 
been  due,  th»*  said  board  of  (iirei  tors  are  hereby  uutlior- 
ize<l  to  declare  said  stock  so  in  arrears  and  all  sums  paid 
thereon  f(»rfeit»-d  to  the  company. 
u  u^u  ^  •>.  The  said  company  are  hereby  authoriz«'d  and  •  m- 
t  'TtifST**^*^  powered  to  locate,  construct  aitd  complete,  and  to  main- 
tain and  operate  a  railroad,  with  single  or  double  tra^'k, 
and  with  such  ap|)nrti*nanees  as  may  be  drn-med  necess.-ry, 
by  lh«'  dire<'tors,  f«>r  the  convenit  nt  use  of  the  sunn",  from 
th**  village  of  Paris,  in  the  county  of  Edgar;  froui  thence 
to  Georgetown  and  I)ah\  ill**,  in  Vermilion  county  ;  Iroin 
tlicnce  tu  Momence,  in  Kankakee  county ;  and  irom 
thence,  by  the  hc9i  and  most  eligible  route,  to  tlie  'ity 
of  Chicago,  in  said  comity  ;  to  survey  and  detentino 
the  line  of  said  road,  upon  such  route,  between  >aid 
point*,  an  thn  said  company  shall  deem  most  eligilde  ; 
•nd  the  xaid  company  are  further  authorized  to  use 
•nd  operate  laid  railroad,  and  flliall  have  power  and 
authority  to  regulate  the  time  and  manner  in  which 
goudt  and  cflVctfl  and  persons  shall    he  transported  on  tho 


491  185T. 

same,  and  prescribe  t\<e  manner  in  which  said  railroad 
shall  be  used  ;  and  th«'  rate  of  toll  for  the  tra\is|)oi Cition 
of  person."  and  proji'-rty  thereon  ;  and  for  the  storaj^e  of 
merchandize  aii(l  ocher  property  nndi-r  tlu*ir  charge  ;  and 
shiill  have  power  to  provide  all  necessary  stock  and  ma- 
terials for  the  operation  of  said  road  ;  and  shall  have  power 
to  erect  and  maintain  all  nece- sar)  depots,  stations,  shops, 
and  other  buihlini^s  and  machinery  for  the  accommodation, 
manui^ement  and  opt  ration  of  said  road. 

§  7.  That  said  company  are  hereby  authorized,  by  Bjgut of  e»i*ir. 
their  engineers  and  agents,  to  enter  upon  all  lands,  lur  the 
purpose  of  making  the  necessary  surveys  and  examination 
of  said  road,  and  to  enter  upon  and  take  and  hold  all  lands 
necessary  for  tht*  construction  of  said  ra  Iroad  and  its  ap- 
pendages— first  making  just  and  reasonable  compensation 
to  the  owners  of  said  land  for  flny  damage  that  may  arise 
to  them  from  the  budding  of  said  railroad  ;  and  in  case 
said  company  shall  not  be  able  to  obtain  the  title  to  the 
land^  througli  which  the  said  road  shall  be  laid,  by  pur- 
chase or  voluntary  cession,  the  said  company  are  hereby 
authorized  to  proceed  to  ascertain  and  determine  the 
damage  sustained  by  such  owner  or  owners,  in  the  man- 
ner and  upon  the  principles  provided  by  "An  act  to  amend 
the  law  condemning  right  of  way  for  purposes  of  internal 
improvement,"  ap|)rovfd  June  '22d,  1852:  Provided,  that  rrovino. 
after  the  appraisal  of  damages,  as  provided  in  said  statute, 
and  upon  the  dep'isit  of  the  amount  of  such  appraisal  in 
the  office  of  the  clerk  of  the  circuit  court  of  the  county 
wherein  such  lands  may  be  situate,  .he  said  comi)any  are 
hereby  authorized  to  enter  upon  such  lands  for  the  con- 
struction of  saiil  road. 

6  8.     The  said  company  are  authorized  and  empowered  Po^oi  to  boir»w 

.       ■  c  ^-  [      ^-  I  I  money. 

to  borrow,  from  tune  to  time,  sucb  sum  or  sums  oi  money, 
not  exceeding  the  amount  of  capital  stock  of  said  com- 
pany, as  in  their  discretion  may  be  deemed  necessary  to 
aid  in  the  construction  of  said  road,  and  to  pay  any  rate 
of  interest  therefor,  not  exceeding  ten  per  cent.,  and  to 
jdedge  and  mortgage  the  said  road  and  its  appendages,  or 
any  part  thereof,  or  any  j)ropprty  or  effects,  rights,  credits 
or  franchises  of  tl  e  said  company,  as  security  for  any  loan 
of  money  and  interest  thereon,  and  to  dispose  of  the  bunds 
issued  for  such  loan  at  suoh  rates  or  on  such  teims  as  the, 
board  of  directors  may  determine. 

§  9.     Said  company  sh«ll   be  bound  to  repair  all  jmblic  R- n^t »n<i  trw  ' 
highways,  bridg»'S    and    water   courses   which   may  hf  im-    '"**• 
paired   in    constr«»ctiiig   said    railroad    or  its   appmHagcs, 
and  sl»a!l  restore  them,  as  far  as  praoticaljle,  to  as  good  a 
condition  as  they  wern  before  they  were  injured  by  reason 
of  the  construction  of  said  road. 


•lr«c«t<a«. 


1857.  402 

^  10.  ,It  shall  be  lawful  for  the  salil  comjirny  to  unite 
with  any  other  railroail  cdinpaiiy  wliii  li  may  liave  heeii  or 
may  hereafter  be  incorporated  by  this  state,  and  to  grant 
to  such  ciunpany  the  riu;ht  to  oonstiuct  and  use  any  por- 
tion of  said  road  hereby  authorized  to  be  cor.sti  noted, 
upon  sueh  terms  as  may  be  mutually  agreed  upon  between 
said  c  >mp.>ny  ;  also,  the  right  to  purchase  or  lease  all  or 
any  j»art  of  any  other  railroad  which  is  or  may  be  mutually 
agre«d  betveen  the  said  comjianies. 

^  11.  Any  person  who  shall  willfully  injure  or  obstruct 
the  said  road,  or  any  part  of  the  appendage^  thereto,  shall 
be  diemed  guilty  of  a  mi<deineanor,  ami  shall  forfeit  to  tho 
use  of  the  company  a  sum  three-fold  the  amount  of  tho 
damages  occasioned  by  such  injury  or  obstruction — to  be 
recovered  in  an  action  of  debt,  in  the  name  of  said  com- 
pany, with  costs  of  suit,  before  anj  justice  of  tlie  peace  or 
neti>re  any  court  cf  record  in  this  state. 

5  1:2.  The  said  company  shall  be  allowed  throe  years 
from  the  passage  of  this  act  for  tlie  comniencement  of  the 
Cf-nstruction  of  said  railroad,  and  ten  jears  for  tLe  com- 
pletion of  the  same. 

§  13.  This  act  shall  be  deemed  and  taken  as  a  p\>blic 
act,  and  shall  be  construed  liberally  for  all  ])urj)os«'S 
berfin  specified  or  iiitt  iided,  and  .""hall  take  effect  and  bo 
in  force  from  and  alter  it<»  passage. 

.Ai'PRovKD  Feb.  1-J,  IS.')?. 


Tt««  ot    Mcin 


r«».  It,  IWT        AN  ACT  to  authorize  Ih^  tni^^rm  of  the   nctifon   Aradoiny  to  sell  niul 

convey  tlicir  real  cBtalp. 


to 

ui«. 


pie  title. 

§  '2.  Tliif  act  .shall  he  deemed  and  taken  an  a  public 
•  ci. 

§  '•'>.  Tlii«  act  shall  take  effect  and  he  in  force  from  and 
•ft«'r  itn  prti<«;ige. 

Af  iRovKb  Feb.  lli,  18.07. 


493  1857. 

AN  ACT  to  incorporate  the  T3ol|pviH<»,  Ibvi  Bud  and  Mnrphyaboro  Rail-  feb.  12,  i8M. 
road    Company. 

[Section  1 . 1  Re  it  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented  in  the  (iencral  Jlssernhlu,  That  .Jacob 
Kiieahle,  William  C.  Kinney,  James  VV.  Hughes,  David  ^'^l^^l^^*^* 
W.  Hopkins,  of  St.  Clair  countv;  Samuel  B.  Adams, 
Nathaniel  Smith  and  Kichmond  D.  Durfee,  of  Randolph 
county;  and  Alexander  M.  Jenkins,  William  L.  Johnson, 
Lindorl"  O/born,  James  M.  C:unj)bell,  Daniel  11.  Hrusli 
and  James  Morgan,  of  Jackson  county;  and,  also,  Benja- 
min Smith,  and  Samuel  Winn,  of  St.  Clair  countv;  and, 
also,  Siimuel  Cro/ier,  James  A.  Foster  and  Anthony 
Steele,  of  Randolph  county  ;  and  Thomas  Winstanly, 
John  Heberer  and  Wdliam  Frick,  of  INlonroe  county,  and 
such  other  persons  as  may  associate  with  them  for  that 
purj)0^e,  are  hereby  made  and  constituted  a  body  corpo- 
rate and  politic,  by  the  name  and  style  of  the  "Belleville, 
Red  Bud  and  Murphysboro  R4ilroad  Company;"  with 
perpetual  succesi^ion;  and  by  that  name  and  style  shall  be 
capable  in  law  of  taking,  purchasing,  holding,  leasing, 
selling  and  conveying  estate  and  pro[>erty,  whether  real, 
personal  or  mixed,  so  far  as  the  same  may  be  necessary 
for  the  purposes  hereinafter  mentioned,  and  no  further; 
and  in  their  corporate  name  may  sue  and  be  sued,  have  a 
common  seal,  whicli  they  may  alter  or  renew  at  pleasure; 
and  may  have  and  exercise  all  powers,  rights,  privileges 
and  immunities  which  are  or  may  be  necessary  to  carry 
into  effect  the  purposes  and  objects  of  this  act,  as  the 
same  are  herealter  f^et  forth. 

§  2.  The  Belleville,  Red  Bud  and  Murphysboro  Rail-  Power  to  loc.u 
road  Company  shall  have  full  power  and  authority  to  Jiliroad. 
locate,  and  from  time  to  time  to  alter,  change,  relocate, 
construct,  reconstruct  and  fully  to  finish,  perfect  and 
maintain  a  railroad,  with  one  or  more  tracks,  commencing 
at  Belleville,  at  the  county  of  St.  Clair,  and  running  from 
thence,  on  the  most  eligible  route,  through  Rtd  Bud,  in 
Randolph  county;  and  from  thence,  on  the  nearest  and 
most  eligible  route,  to  Sparta,  in  .said  Randolph  county  ; 
thence,  on  the  most  eligible  route,  to  Murphysboro,  in 
Jackson  county;  and  from  thence,  on  the  most  eligible 
route,  to  the  Illinois  Central  railroad,  at  a  point  to  be 
chosen  by  the  company;  and  to  transport,  take  and  carry 
property  and  persons  upon  said  railroad,  by  power  or 
force  of  steam  or  of  animals,  or  of  any  mechanical  or 
other  power,  or  combination  of  them,  which  said  company 
may  clioose  to  use  or  ap]>ly;  and  for  the  ]turpose  of  con- 
structing said  railroad  or  way,  said  company  shall  have 
authority  and  power  to  lay  out,  designate  and  establish 
their  road,  in  width  not  exceeding  one  hundred  and  fifty  wi4ik«rN*d. 


1357.  494 

fe«»t.  through  tlie»  nitiro  line  tjiprrof.  ami  lunv  take  and 
ai>|>r»|>riale  to  tleir  owu  usi»  all  sm-li  huuls  so  (l«sii;iiated 
lor  tUf  line  ami  oonstruetion  «if  said  road,  U|iou  lirst  tend- 
eriht;  or  pajini;  therefor  siieli  amount  of  damage  as  shall 

»t^f  •(  v«r  h*v»*  ber»»  settled  by  appraisal  in  the  n)atiner  liertinhfter 
pruvitUd,  on  all  such  lands  as  may  be  taken,  ur  upon  any 
traok  whieh  may  be  looated  by  said  eonipany,  and  lor  the 
pi|||Mtse  of  cuttings  and  embankments,  and  tor  the  obtain- 
ing of  stone,  sand  and  graxej,  n>ay  take  and  appropriate 
as  much  more  of  land  as  may  be  necessary  for  tiie  pro]ier 
coiKlruction,  maintenance  and  security  of  said  road;  and 
for  constructing  shops,  depots,  and  other  suitable,  pn>per 
an<l  convenient  fixtures  in  connection  witli  ami  a]>purte- 
nancfs  to  said  roaci,  may  take  and  have,  use  and  occupy, 
any  lands  upon  either  side  of  said  railroad — said  company 
taking  all  such  lands  as  gilts,  or  purchasing  or  making 
satisliction  for  the  same   in  manner  hereinafter  provided: 

rrvrtM.  J*r'trit/t</,    that    this    section    shall    not    be   construed   to 

restiict  or  prevent  the  construction  of  public  roads,  or 
canals  or  railroads  across  the  roail  of  said  company,  when 
deemed  expedient,  but  so  a*  not  materially  to  impair  or 
obstruct  the  same  :  Pruvu/i(/y  that  no  relocation  of  the 
saiil  road  shall  be  made  under  this  section  by  which  any 
of  the  points  herein  named  shall  or  may  be   abandoned. 

twTflr*  §   'i-      Said   com|>any,   and    under   their  direction,   their 

ag'-nt",  servants  and  wrikmen,  are  hereby  authorized  and 
empowered  to  enter  into  and  upon  the  lands  and  grounds 
of  or  be'onging  to  the  state,  or  to  any  person  or  persons, 
boiiifs  politic  or  corporate,  and  survey  and  take  levels  of 
the  "lame  or  of  any  ,<art  thereof,  and  to  set  out  and  ascer- 
tain ^iK-li  part<i  at  they  shall  think  necessary  and  proper 
for  m  tking  said  railroad,  with  one  or  more  sets  of  tracks 
or  rails,  and  Jor  all  the  joirposes  connected  with  said  road 
for  which  faid  corporation,  by  the  last  preceding  section, 
is  authorized  to  have,  take  and  appropriate  any  lands,  and 
to  f*ll  and  cut  down  all  timber  and  other  trees  standing 
or  bciiif^  within  one  hundred  feet  on  each  side  of  sai.l  line 
of  <«id  railroad — the  damages  occa><ioned  by  the  felling 
of  «u<'h  tree<,  utde<<s  otherwise  settled,  to  be  assessed  and 
paid  m  manner  hereinafter  jtrovided  for  assessing  and 
pa\iri^  damagi:s  for  land  taken  for  the  use  of  said  railroad 
compiinv;  and  also  to  make,  build,  erect  and  S'^t  up,  in 
itnd  upon  the  route  of  said  railroad,  or  upon  th'*  land 
•(jj  lining  or  near  the  fame,  all  such  works,  ways,  i<  ads 
•n<l  fonvpni#*nces  as  mny  be  r<Mjuisite  and  convenient  for 
tlie  n-irposo  of  said  railroad;  and  aho  from  time  to  time 
to  alte*-,  repair,  amend,  widen  or  enlarge  the  same,  or 
any  of  the  conveniences  above  mentioned,  as  well  for  the 
carrying,  conveying  goods,  commf)dities,  timber  or  other 
tlimgi  to  and   upon  said   railroad  as   for  carrying  or  con- 


495  1857. 

ve}  iiip  all  maimer  of  material  necessary  for  the  making 
and  erecting,  furnishing,  allerinp,  repairing,  anu-i.diii^  or 
enlait»ing  the  woiks  of  or  connt-ctt'd  with  said  railioad, 
and  to  contract  and  agree  with  the  owner  or  owners 
thereof  for  earth,  timber,  gravtl,  stone  or  other  matt-rial, 
or  any  article  whatever  which  may  be  wanting  in  the 
construction  or  repair  of  FJiia  railroad  or  any  cf  its 
ap))nrtenances;  they,  the  said  company,  doing  as  little 
danr  ge  as  possible  in  the  execution  of  said  powers  hereby 
graiitrd,  and  making  satisfaction,  in  the  manner  hereinaf- 
ter mentioned,  for  all  damagef  to  be  sustained  by  the 
owner  or  occupier  of  said  land. 

§  4.  The  said  company  shall  have  power  and  authori-  Ecai  Miai*. 
ty  to  receive,  take  and  hold  all  such  voluntary  grants  and 
donations  of  land  and  real  estate  tor  the  purposes  of  said 
railro^id,  as  may  or  shall  be  made  to  said  company,  to  aid 
in  the  construction,  maintenance  and  accommodation  of 
sai<i  lailroad;  and  said  company  may  contract  and  agree 
with  the  owners  or  occupiers  of  any  land  upon  which 
said  company  may  wish  to  construct  said  railroad  or  way, 
or  wliich  said  company  may  wish  to  use  or  occupy,  for 
the  jurposes  ot  procuring  stone,  sand  or  gravel,  earth  or 
oiher  material  to  be  used  in  embankments  or  otherwise, 
in  or  about  the  construction,  repair,  or  enjoyments  of  said 
railroad,  or  which  said  company  may  wish  to  use  or 
occupy  in  any  manner  or  for  any  purpose  or  purposes 
connected  with  said  railroad,  for  which  said  company  is 
empowered  or  authorized  by  this  act  to  take,  have  cr 
appropriate  any  lands,  and  to  receive  and  take  grants  and 
conveyances  of  anv  and  all  interests  aiid  estates  therein, 
and  to  them  and  to  their  successors  or  assigns,  in  fee  or 
otherwise;  and  in  case  said  company  cannot  agree  with 
said  owners  or  occupiers  of  such  lands  as  aforesaid,  so  as 
to  procure  the  same  by  the  voluntary  deed  or  act  of  ?uch 
owners  or  occupiers  thercol,  or  it  tlie  owners  or  occupi- 
ers, or  any  or  either  of  *hem,  be  a />  f?i/fie  covci't^  infant, 
fioii  nnnpas  7nr7i/is,  unknown,  or  out  of  the  county  in 
which  the  lands  or  property  wanted  may  lie  or  be  situate, 
the  same  may  be  taken  and  paid  for,  if  any  damages  are 
all'iwcd,  in  the  manner  provided  for  in  "An  act  to  ])ro- 
vidt^  for  a  general  system  of  railroad  incor]'Orations," 
approved  Nov.  o,  184*.!,  and  the  final  decision  or  award 
shall  vest  in  the  corporation  hereby  created  all  the  rights, 
pri\  ileges,  franchises  and  immunitifs  in  said  act  contem- 
plated: Prtnidrd,  th'\t  any  appeal  that  may  be  allowed  r,oTi»». 
under  the  provisions  of  the  act  above  recited,  or  by  virtue 
of  any  general  law  of  this  state,  shall  r)ot  affect  the  pos- 
session by  said  company  of  the  land  appraiset],  and  when 
the  ap])eal  may  be  taken  or  writ  ol  error  prosecuted  by 
any  person  or  persons  other  tlian  the  said  company,  the 


1S57.  496 

same  shall  not  be  allowed  except  on  iho  stipulation  of  the 
party  so  appealinq  or  prostcutiii";  such  wiit  of  error,  that 
the  saitl  company  may  enter  upon  aiul  vise  the  lands 
described  in  the  petition  lor  tlie  uses  and  purposes  therein 
set  forth,  upon  said  company  giving  bond  aiul  security,  to 
be  approveii  by  the  clerk  of  said  court,  that  they  will  pay 
to  the  party  so  ajipealing  or  ])rosccuting  such  writ  of 
error  all  costs  and  tlamages  that  may  he  awarded  against 
them  on  the  final  hearing  of  such  appeal  or  writ  of  error, 
within  thirty  dajs  after  the  rendition  thereof,  or  forfeit  all 
right  to  use  the  land  or  way  so  condemned. 

luiiTii  Hart  §   *"'•     '^''*^  capital  stock  of  said  company  shall  be  two 

millions  five  hundred  thousaiul  dollars,  which  may  bo 
increased  I'rom  time  to  time  by  a  vote  of  a  majority  in 
interest  ol  the  stockh(dders,  at  their  annual  meeting,  or  at 
any  special  meeting  that  may  be  called  for  that  ])ur|)Ose 
by  the  directors  of  said  company,  to  any  sum  not  exceed- 
ing the  estimated  cost  of  constructing  and  e(|ui|)ping  said 
roail;  which  stock  shall  be  divided  in'o  shares  of  one 
hundred  d«»llars  each,  which  shall  be  deemed  personal 
property  and  be  issued,  certified,  transferred  and  regis- 
tered in  such  manner  and  at  such  places  as  may  be  order- 
ed and  provided  by  the  board  of  directors,  who  shall  have 
power  to  require  the  ])ayment  of  stock  subscribed  in  the 
manner  and  at  the  time  and  in  such  sums  as  they  may 
dirrct;  and  on  the  refusal  or  neglect  on  the  part  of  the 
stockholders,  or  any  of  them,  to  make  payment  on  the 
re(|uisition  of  the  hoard  ot  directors,  the  shares  of  such 
delinquents  may,  after  thirty  days'  public  notice,  be  sold 
at  public  auction,  under  such  rules  as  the  directors  may 
adopt;  the  siir|)lus  money,  if  any  remains  aft«r  deducting 
the  paymi-nt  due,  with  the  interest  and  the  necessary 
costs  of  sale,  to  be  paid  to  the  delin({iient  stockholder. 
The  board  of  directors  hereinafter  named  and  appointed, 
shall  cauie  books  to  be  opened  lor  subscriptions  to  the 
Capital  stock  of  said  company  at  such  times  and  places, 
and  in  such  manner  as  they  shall  direct:  J^roridrd,  thai 
as  90on  84  one  hundred  and  fifty  thousand  dollars'  of  Innui 
fide  subscription  shall  be  mad<;  to  said  caj)ilal  slock  and 
five  per  cent,  thereon  paid,  it  shall  be  lawful  for  6uid 
company  to  commence  the  construction  of  said  road. 

Mrartar*.  ff  t>.     All  the  corporatc   powers  of  said  company  shall 

be  veitt.-d  in  and  exercised  by  a  board  of  directors,  to 
consist  of  not  less  than  nine  nor  more  than  thirteen  in 
numhf-r,  and  such  other  othcers,  agentn  and  servants  as 
thi'y  Nhall  appoint.  The  first  board  of  directors  shall 
comist  of  William  C.  Kinney,  James  W.  Ilnghes,  Henja- 
min  J.  Smith,  Samuel  Winn,  William  Frick,  .John  Jieberer, 
Jamos  K.  Allen,  Nathaniel  Smith,  Lindorf  O/.born,  Jamct 
M.  Campbell,  James  Morgan,  James  Foster  und  John  A. 


497  1857. 

Wilson,  wlio  sliall  IioM  their  officef;  until  tlieir  successors 
are  elected  and  qualified.  Vacancit-s  in  the  boar*!  may 
be  tille(!  by  vote  ot  two  thirds  of"  tlie  dije-t-tors  irinaining; 
SUcli  a|)|)()intees  to  continue  in  office  until  the  next  regu- 
lar annual  eh  ction  of  directors,  whi;'h  said  annual  elt  c- 
tioii  sliall  be  held  on  the  first  Saturday  in  the  month  of 
Sej)teinber  in  each  year,  at  such  phu-es  jh  the  directors 
may  diifct,  on  said  line,  thirty  days'  notice  heiiif^  given 
in  two  newspapers  printed  on  tlie  line  of  said  road.  The 
office  of  said  road  shall  be  located  in  the  city  of  Belle- 
vil  e. 

^  7.  At  any  election  held  fur  directors,  each  share  of  votcn. 
stock  shall  be  entithd  to  one  vote,  to  be  given  in  person 
or  l)y  i)roxy,  and  the  person  receiv  ing  the  largest  number 
of  votes  to  be  declared  duly  elected,  ami  hold  their  office 
un^il  the  next  annual  election,  and  until  their  succes^'or3 
are  elected  and  qualified.  All  elections  for  directors  are 
to  be  conducted  by  three  judges,  selected  by  the  stock- 
holders present. 

^    8.     The    directors    herein    named    are    required    to  orcaniMUon. 
organize  the  board  by  electing  one  of  their  number  presi- 
dent, and  by  }  j)pointiiig  a  secretary  and  treasurer. 

§  '.>.  Said  company  Sliall  have  power  to  purchase,  with  Roiiini stock, 
the  funds  of  the  company,  and  contract  for  and  place  on 
the  railroad  hereby  authorized  to  be  constructed,  all 
machines,  wagons;,  cnrriag^s  and  vehicles  of  any  descrip-  Machine.-,  kc 
tion  they  may  deem  necessary  and  pro])er  for  t!ie  purposes 
of  transportation  on  said  railroad;  and  they  shall  have 
power  to  charge  for  tolls  and  trans[)ortation  and  rates  of 
fare  such  sums  as  si  all  be  lawfully  established  by  the 
by-laws  of  said  company. 

§  10.  Said  com}>any  shall  have  power  to  make,  ordain  ry-uwi,  kc. 
and  establish  all  such  by-laws,  rules  and  regulations  as 
ma>  be  deemed  exj-edient  and  necessary  to  fulfil  the  pur- 
poses and  carry  into  etf-ct  the  provisions  of  this  act,  and 
for  the  well  ordering  and  securing  tie  affairs,  interest  and 
business  of  said  company  :  Provided^  that  the  same  be 
not  repugnant  to  the  constitution  and  laws  of  the  United 
States  or  of  this  state. 

5  11.  The  said  board  of  directors  shall  have  power  TrMporuiion. 
to  regulate  the  manner  of  transportation  of  persons  and 
property,  the  width  of  track,  the  construction  of  wheels, 
the  form  and  siz«^  of  cars,  the  \\  eight  of  loads,  and  all 
other  matters  and  things  respecting  the  use  of  said  road 
and  the  conveyance  and  transportation  of  persons  and 
property  thereon. 

<5  12.     Whenever  it  shall  be  necessary  for  the  construe-  Cro«jn»«. 
tion  of  said  road  to  intersect  or  cross  a  track  of  any  other 
railroad  or  any  stream  of  water,  or  water  course,  or  road, 
highway,  lying  on  the  route  of  said  road,  it  shall  be  law- 
—54 


rcut^ur 


1?'>7.  498 

fill  lor  the  company  to  construct  tlu  ir  railroaJ  across  or 
U|>on  t!ie  sauu' :  Pi\>vidtiiy  that  the  said  company  shall 
re>tore  the  railroHi),  stream  of  watrr,  water  course,  road 
or  1  i^hway  thus  i  it»rs«cttd  or  crossid  to  its  former  state, 
or  in  a  sutticient  manner  not  materially  to  impair  its  use- 
fulness. 
r.TiUTi-  §>   !•*•     The  sail!  company  shall   annually  or  semi- annu- 

ally make  such  dividend  as  they  may  deem  proper,  of  the 
net  profits,  receipts  or  income  of  saitl  coinjiany,  amonj^ 
the  stoekholdtrs  therein,  in  proper  proportions  to  their 
respective  shares. 

.^  14  If  ar  y  person  shall  do  or  cause  to  be  done,  or 
aid  in  doing  or  causing  to  be  done,  any  act  or  acts  wliat- 
evt-r,  wlurebyany  building,  or  construction  or  work  of 
said  company,  or  any  engine  machine  or  structure,  or 
any  matter  or  thing  aj^prrtaining  to  the  same,  shall  be 
stopi'id,  obstructed,  impaired  or  weakened,  injured  or 
de>lroyrd,  the  person  or  pi  rsons  so  ollVnding  shall  be 
guilty  of  misdemeanor,  and  may  be  punished  ujion  con- 
\ietion,  by  line,  in  any  sum  not  exceeding  one  thousand 
dollars,  or  by  im j)risonment,  not  exceeding  five  years, 
or  both,  at  the  discretion  of  the  court,  imd  shall  for- 
fi'it  and  pay  to  said  corporation  treble  the  amount  of 
damages  sustained  by  reason  of  sucii  ofTence  or  injury, 
to  be  recovered  in  the  name  of  said  company,  with  cost:; 
of  suit,  in  an  action  of  trespass,  before  any  justice  of  the 
peace  of  this  state,  or  before  any  court  having  jurisdiction 
thereof. 
»  Ji  I'l.  Said  compaiiv  arc  hereby  authorized  to  borrow 
monry  from  time  to  time,  on  the  credit  of  the  conipan}. 
at  any  rate  of  interest  not  exceeding  seven  per  cent,  per 
annum,  as  may  be  agreed  on  between  the  parties,  for  the 
sole  purpose  of  coi.ntrucfing  said  road,  and  furnishing 
the  same  with  cars,  locomotives,  and  other  machinery 
neeessary  to  carry  on  the  operations  of  said  (;ompany, 
and  may  issue  \*s  corporate  bonds  therefor,  in  d«  noniina- 
tjoni  (f  not  1«*5«  than  five  l.undr<'d  dollars,  antl  to  secure 
tli«*  payment  lher»"of,  with  the  interest  that  may  accrue 
thereon,  may  mortgage  their  corporate  property  or  fran- 
chifief,  or  conviy  flu-  same  by  <leed  of  trust  for  said  jmr- 
pngen;  and  tiny  Bia},  by  (heir  presidi-nt  or  other  officers 
or  agents,  sell,  dispos-c  of,  or  negotiate  such  bonds  or 
!itock<4  of  said  company,  at  such  times  or  places,  within 
or  without  the  Rtate,  and  at  such  rates  or  for  such  prices 
as  in  their  opinion  will  best  advance  the  interest  of  said 
company;  and  if  such  bonds  and  stcjcks  are  thus  sold  at 
a  dlicount  such  tah-  shall  be  as  "alid  and  binding  in  every 
resprrt  as  if  sold  at  par  value;  and  the  directors  of  said 
compai  ',  rnay  confer  on  any  bondhrddf-r  of  any  bond  issued 
for  moni  y  borrowed  a    aforesaid,  the  right  to  convert  the 


499  18r>7. 

principal  due  or  owinj;  tlicroon  into  stock  of  said  com- 
pany, at  any  time  nf»t  exceeding  ten  years  from  the  date 
of  the  bond,  under  sucli  regulations  as  the  directors  of 
said  company  may  see  fit  to  ado|)t. 

§  16.     Tlie  certificate  of  the  secretary  of  said  company,  cortirkntcof  o.« 
under  the  corporate  seal  thereof,  shall  he   receitc^d  in  all    cviuc'"c7.  *"  ^" 
courts  of  justice  and  elsewhere  as  evidence  of  the  regular 
organization    of  said   comj)any  under  its  charter,   and   of 
any  act  or  order  of  the  board  of  directors  of  said  rom|)any. 

§   17       Said    company   shall    carry    and    transport    the  u.  s.  maii, 
mail  of  the  United  States  on  sucli  terms  as  may  be  agreed, 
and   all  such  freights  and  passengers  as   may  be  oli'<'red, 
if  refjuired  so  to  do,  on  the  terms  usual  witli  like  railroad 
Com|)anies. 

§  18.  Said  company  hereby  chartered  shall  be  requir-  Rostnni.m. 
ed  to  construct  and  operate  their  said  road  througliout 
the  entire  line  thereof,  according  to  the  term<»  of  this 
charter,  within  seven  years  after  the  work  shall  be  com- 
menced t'icreon,  and  upon  failure  thereof  so  to  do  shall 
f>rft'it  all  riglits  atul  privileges,  tracks  completed  and 
work  done  upon  said  road. 

§  19.  All  the  stockholders  of  said  company  shall  be  imiivi.iuaiij ii»- 
severally  individually  liable  to  the  creditors  of  said  com- 
jjany  to  an  amount  equal  to  the  amount  of  stock  held  by 
them  respectively,  and  for  all  debts  and  contracts  made 
bv  said  company,  until  the  whole  amount  of  capital  stock 
fi.ved  and  limited  by  said  company  or  by  this  act  shall 
liave  been  paid  on,  and  shall  be  jointly  and  severally 
liable  for  all  debts  that  may  be  due  and  owing  to  any  and 
all  their  laborer?,  servants  and  apprentices,  for  services 
performed  for  said  company,  but  shall  not  be  liable  to  an 
action  therefor  before  an  exe^^ution  shall  be  returned 
unsatisfied,  in  whole  or  in  part,  against  said  company,  and 
then  the  amount  due  on  said  execution  sliall  be  the  amount  ^ 

recoverable,  with  costs,  against  said  stockholders. 

§  5.     This  act  shall  be  dtemed  and   taken  as  a  public  Pubiii*ej, 
act,  and  shall  be  in  force  from  and  after  its  passage. 

Approved  Feb.  12,  1857. 


AN  ACT  lo  incorporate  a  company  for  the  improvement,  by  canals  and  r«b.  u,  iM7 
Larbors,  of  th«  oast  part  of  Kenzie'a  addilion  to  the  city  of  Chlcaeo. 

Section  1.     Br  it  enacted  by  the  people  of  the  state  oj 
IlUnins^  represented  in  the  Genera/  //vsr/«''/y.  That  VVil-  ^^     ^     ^,, 
liam   B.  Ogden,  Van  II.  Higgins,  Edwin    H.  Sheldon  and    •«"i  i>'!'ti«. 
S.  H.   Fleetwood,  be  and    they  are   hereby    constituted    a 
body   politic  and  corporate,  to  be   called  "The  Chicago 


r«»«u'  *w«t 


185T.  r>oo 

Di^ok    aiul    C«nal   C»>nipany  ;"   niul    by   that    name    sliall 
l»a\  »•  jit-rpttnal  suoct-ssioii,  witli  pinvfr  (osiu*  ni.d  bf  sued, 
j.Ifiul   ami    bf  iinpliailt  il,  in  all    courts  of  law    nrd  tcjuity 
111  this  stato. 
>,^,  ^    2.     The   otTicors   of  said  company   sball   confist  of  a 

president,  a  s»  cretary,  «  treasurer,  and  not  less  than  three 
or  more  than  seven  liirectors.  All  of  said  officers  sliall 
be  elected,  annually,  by  the  stockholders  of  said  Compa- 
ny; ami  at  such  election  each  stocklfKler shall  be  entitled 
to  one  vote  for  every  share  owned  by  him  or  her. 

^  :'.  The  capital  stock  of  said  comjnny  shall  bo  divi- 
ded into  sliares  of  one  hun<!red  dollars  each,  and  may 
consist  of  any  number  of  shares  not  exceeding  thirty 
thousand.  Said  company  may  be  organized  so  soon  as 
five  thousand  slia.»s  sliall  be  subscribed  for;  and  tho 
further  subscrijitinn  to  the  capital  stock  of  said  crnijumy 
may  be  receivt-d,  from  time  to  time,  as  the  board  of  direc- 
tc  rs  may  order  and  ajipoint :  Pruvidtd^  that  the  entire 
stock  vi  said  comp  *ny  shall  not,  at  any  time,  exceci  the 
thirty  thousanil  shares  above  stated. 
F.««r  «•  make  ^  4.  Said  comjiauy  shall  have  the  power  to  inclose, 
make  and  protect,  and  also  to  erect  and  construct,  on 
their  own  lands  and  on  the  shore  aiid  in  the  navigable 
wj»ters  of  Lake  Michigan,  (so  that  they  do  not  in  pny 
manner  obstruct  or  prevent  the  free  navigation  of  tho 
(»amf,  in  front  of  their  own  lands  and  premises,  and  in 
fr«»iit  «)f  the  premises  oj  such  person  or  persons  as  may 
•  J^t-i.t  to  the  sanje,)  wharves,  docks,  nudes,  piers,  break- 
waters and  such  other  erectiorjs,  pr()t<'ctions,  improve- 
ment*  and  conveniences  for  the  safety  and  accommodation 
of  ooatfl  and  vessels,  and  the  security  and  advantageous 
u«e  of  tlieir  own  property,  wharves  and  docks,  or  for  the 
piirpnves  <)f  convenience  in  the  w^v  and  enjoyment  of  said 
property  by  the  said  comjtiuiy,  as  the  bo;ir«i  of  directors 
of  Raid  company  may  deem  necessaiy  and  ])r(<per. 

5  '».  Sdid  company  sliall  also  have  power  to  excavate, 
inaihtain,  preserve  ar<d  keep  open  canals,  basins,  slips 
■lid  «ucb  other  way^,  with  tluir  embanktnents,  supporters 
and  Hppi.rteiiance.o,  for  the  entrance  of  boats  and  vessels 
of  all  kitidn  frrim  the  lak<-,  and  alsf)  from  the  Chicago  har- 
bf/f  Hitd  liver;  to  levee  part  of  their  properly,  lands  and 
pr«  mi«eii  an  may,  by  the  hoar<l  of  directors  of  said  com- 
pany, be  connicJered  necessary  and  convenient  for  the 
profitable  use  and  enjoyment  of  said  projieity,  and  for  the 
intt-reitfl  of  said  company. 

fj  *'».  Said  company  thall  aNo  have  power  to  buy,  at 
private  or  public  sale,  and  to  luke  Lud  hold  perpetiKilly, 
any  and  all  lands  that  may  br*  necessary  for  the  use  and 
purpoaef  of  laid  company,  and  the  complete  execution  of 
the  powern  liercby  conferred  upon  said  company  :   Provi' 


601  1867. 


dedy  the  fame   shall  lie  and   be  situated    in  Ki-nzlt^'s   addi-  Pr.fiw. 
tiou   to  tile  city  uf  Ciiica^o,  and  sliall   not  exceed,  in    all, 
fifty    jicres  of  land,    exclusive    of  the    land    covered    by 
watiT. 

§  7.  Ft)r  the  put  poses  of  better  enabling  said  company  Rn^t  of  emrr 
to  carry  out  the  provisions  of  this  act,  it  shall  and  may 
be  lawful  for  sai  1  company,  by  thtir  agents  and  servants, 
to  enter  upon,  take  possession  of,  hold  and  use  any  such 
lots,  nieces  or  parcels  o{  land,  irt  said  Kenzic's  addition, 
or  iulj  icent  thereto,  a^  may  be  needful  for  the  coraph-tion 
of  tht^  iinj)rovernent  herel)y  contemplated,  and  for  the 
complete  everoise  of  the  powers  herein  conferred,  and  to 
take  tlierefrom  any  materials  which  may  he  found  thereon, 
for  the  erection  and  construction  of  said  improvement: 
Provided^  said  companv  shall  pay  the  owners  of  land  so 
occupied  by  them  as  aforesaid,  or  from  which  such  ma- 
terials may  be  taken  a-s  aforesaid,  the  value  of  the  lands 
BO  occupied  or  materials  ^o  taken,  or  the  damages  done 
thereto.  And  when  th  •  said  conjpany  and  the  owners  of 
said  lands  or  material^  s'..all  be  unable  to  agree  as  to  the 
price  and  value  of  said  lan<ls  or  materials  so  takeii,  or 
damages  done,  said  value  shall  be  ascertained  or  damngi'S 
assessed,  and  compensaMiMi  made,  in  the  same  ixatmer  as 
is  now  provided  by  law  for  assessing  damages,  &.c.,  in 
case  of  public  highways. 

§  8.  Tlie  president,  secretary  and  treasurer  of  said  oirect«M. 
comj)any  shall  be,  i\v  ujjicioy  directors  of  said  comj)any, 
and  tOi»ether  with  the  directors  chosen,  as  hereinb«  fore 
provided,  shall  constiriste  a  board  of  directors,  who  are 
liereby  vested  with  all  the  corporate  powers  of  said  corn- 
])any,  and  are  authorized  to  make  and  establish  all  su'h 
by-laws,  rules  and  regulations  for  the  management  and 
direction  of  the  affairs  of  said  company,  and  the  prosecu- 
tion and  completion  of  the  work  contemj)lated  by  this 
act,  as  they  may  deem  necessary  and  proper. 

&  0.  Tlie  corporati>rs  named  in  the  first  section  of  this  subscripti. 
act  are  h^^reoy  autliorized,  at  any  time  withm  two  }eafs 
frrtm  the  fitial  passage  of  this  act,  by  publishing  a  notice 
of  their  intention  so  to  do,  in  any  newspaper  i)rinted  in 
the  city  of  Chicago,  to  open  books  for  subscriptions  to  the 
capital  stork  of  said  company,  at  such  place  as  they 
shall,  in  said  notice,  appoint;  and  when  five  thousand 
shares  of  said  stock  shall  have  been  subscribed,  said  cor- 
porators shall,  by  like  notice,  appoint  a  time  and  place 
for  the  election  of  officers  of  .said  company. 

§   10.     The   board   of  directors   of  sa»d  company  shall  v.cjnci 
have  power  to  fill  all  vacancies  whic!»  m<y  occur  in  said 
board  by  death.  resignati(Ui,  removal  or  o'her  cause  what- 
soever, and  shall,   at  least  four  weeks   prior  to  expiration 
of  their  term  of  office,  give  notice  to  the  stockholders  of 


to 

tal  (lock. 


1S57.    '  ^02 

said  companj,  in  suili  manner  as  tliry  jiliall  j>rtsciibe  in 
the  bv-lnws  of  said  compnny,  ol"  llie  time  i.nd  jlace  of 
holilii  i;  tlie  n»  xi  nnnual  tititionol  t  ffii » >s  loi  Jhitl  cim- 
|»»n). 

r»««»  !*   )••••       ^11.      ^'»id  company  sliall    have   pow*  r  to   It  aso    tlitir 
•****•  lands  lor  such  tinif  ami  uyou  snili  t»  i  ms  as  ma>  If  jij;Mtd 

uj'on  between  said  ctuii|'aiiy  and  its  Itjseis  ;  to  It  an  a  tax 
or  charge  a  toll  npon  all  lu)ats  vt  ^ts^>tls  ]i&ssii  g  tlnn^h 
their  canals  or  slips,  orl}ingin  tl.eir  basins  or  haibors, 
or  l>ing  to  or  la}ing  along  side  of  tluir  docks  or  piers,  or 
in  an)  manner  using  or  occtij')  ii  g  ll.e  jiiojtit}  ol  said 
company. 

^.•-r  t«  i*r«r  ^  1 -•  The  Said  coi  poTfl  t  ion  sliiiU  lla^  e  p(»w«r  to  va- 
cate the  streets  uhich  pass  through  tlu  ir  own  land,  and 
shall  have  power  to  use  and  the  right  to  appropriate,  for 
their  canals  and  other  purposes,  so  mut  h  ol  the  east  t  i.ds 
of  the  sever -tl  streets  passing  till o\igli  soniUch  oi  Kt  nx.it 's 
addition  to  the  city  of  Chicago  as  lits  httwecn  the  lake 
shor*^  and  the  west  line  ol  the  land  loinutl  h)  the  accie- 
tion  in  said  addition,  antl  known  as  "The  Sands:"  J'to- 
villi (l^  said  coiporatinn  shall  fir>t  |>ui(hase  all  the  lanti  on 
each  side  of  an)  s'lctt,  so  hir  as  il.ty  may  use  or  appro- 
priate the  same. 

^  1:'.      Tliis  act  shall  take    cftVct    and  be  in  force   l"j  oin 
anil  after  i*s  jiassage. 

AiPHovED  Feb.  IJ,  1857. 


*«r«CU. 


rrk  i;  i«;         A.N   AC T  t<»  i  n  ..i  jm  lO  ilii-  1)  i  I'.ii;»  C»""ty  Agricultural  ami  IMff  liiirii- 

cil  hocirly, 

Sr.cTiort  1.  Hr  tt  iinirfiil  hi/  the  jinip/v  of  the  state  oj 
Vhnnif^    rrprrsf nil  tl     in    t/ir     (iriniutt  •'t.ssi  ihLIi/ ,   'J'he   Du 

»t»i««««w^  t*.  Pag**  ('oiwity  .\gr  iciilt  ural  antl  Mechanical  Society  shall, 
by  tliat  name  an<ljil)le,  he  In  Mailer  kiiown  as  a  hod)  cor- 
pnralt*  and  pcditi**. 

f  *^  H»mt0»f  k  -•  Tlie  ohjt  ct  of  the  Society  being  to  jiromnte  the 
•Kririillnral,  mecliinir  and  household  arts,  (he)  shall  be 
allowed,  for  that  purpose  on!),  to  take  and  hold  real  and 
pet«()nal  estate-  the  loriiit  r  to  the  amoiittl  of  fiv  •■  thousand 
dollar*. 

•  'r-««'-'«  The  norlety  shall  have  the  power  to  conlracr  and 

***  ''"*'**"  h'-  I  'Ufr-irted  with,  to  Mte  and  hv.  siietl,  to  plead  ;ind  lie 
impleaded,  to  an.«wer  and  be  atmwert d  unto,  in  all  courtn 
of  law  »»id  efjuity  «»f  thit  itrtt*  ;  and  shall  Initlnr  *  I'yy  all 
Ihr  privih-gen  iiicideiit  fo  jnrorpurat ions  o(  liktr  character 
and  nut  inconiiftent  with  the  laws  i>f  this  state. 


603  .    1857. 

§  4.  The  society  sliiill  have  power  to  jilter  and  amend 
their  present  constitution,  to  make,  alter  and  repeal  stidi 
by-laws  ih  may  he  deemed  necessary  for  carrying  out  tlie 
objects  of  tliis  society. 

§  5.     Tills  act  to  ha  in  force  from  and  after  its  passage. 

Appro\  Ku  Feb.  12,  1857. 


AN  ACT  to  incorporate  the  German  House  Association  of  Chicago.       Fcb.112,  18C7. 

Section   1.     lie  it  ennclcd  hij  the  ])C()])fe  of  the  state  of 
lUiwtis^  represented  in  tite  General  JJssemhlf/^  That  C  II.  J. 
Miller,   J.    F.   Wegner,    Charles    Sonne,    Henry    Wendt,  utdr  poiitie. 
Ehrhard   Scliaefer,   Geo.  Sehnider,  Conrad  Gehike,  J.   G. 
Gintiele,  G.  F.    Levtrenfr,   Francis  A.  IIofFmann,   Charles 
DandoilF,  and  all  such  persons  as  may  associate  wilhthem, 
be  and  the  same  arc  hereby  incorpoi  att'd  aiid  made  a  body 
politic,  by  the  name  of  "The  German  IIouse^Association  of 
Chicago,"  for  the  term  of  linety  nine  j  ears;  and  may  have 
and  u^e  a  common  seal,  and    alter  the  same;   and  by  tliat 
name  may  sue   and  be  sued,    plead  and  be   impleaded,  ap- 
pear,   prosecute    and    defend,   in    any    court  of   record  or 
other  place  whatever;  and  shall   have   power  to  make  by- 
laws, not  inconsistent  with  the  laws  of  tliis  state   or  of  the 
United  States. 

§  1.  The  capital  stock  of  said  corporation  shall  be  sixty  capita!  notk. 
thousand  dollars,  to  be  divided  into  three  hundred  shares, 
of  twenty  dollars  eacli;  and  the  same  sliall  be  subscribed 
for  and  taken  under  the  direction  of  the  board  of  directors 
of  said  cor|)oration,  at  such  time  and  in  such  place  and 
manner  as  trie  said  directors  may  from  time  to  time  de- 
termine: Proi'i(ttc/j  that  nothing  herein  contained  shall  Provii*. 
prev»r»t  the  whole  amount  of  said  capital  stock,  or  any 
part  thereof,  from  being  suhscribed  before  the  election  of 
said  directors,  as  herein  provided,  according  the  agree- 
ment now  existing  between  the  members  of  said  corpora- 
tion. 

§  .'.  T!»e  capital  stock  of  said  corporation  may  be  in-  c«pii«i  »UKk 
created,  at  the  di^creti.jn  of  said  corporation,  to  not  ex-  ^'^»>  "• ''"^^'•»»- 
Ceediiig  ninety  tliousand  dollars;  and  for  the  purpose  of 
effecting  such  increase  the  said  corporation  is  authorized 
ei»  ler  to  i^sue  new  shares,  of  twenty  dollars  each,  or  to 
make  assessments  on  the  old  shares  after  or  before  the 
same  shall  have  been  subscribed  or  paid  for  in  full,  when- 
ever and  as  often  as  the  said  corjioration  shall  see  fit;  the 
said  a'ses'inents  not  to  exceed,  in  the  whole,  ten  dollars 
on  each  share. 


1S:>7.  504 

iHf*s.%.r»,  J   4.     Tlie  rttr.^Irs  of  saiil  corp»^ratlon  sliall   bo  managed 

by  a  boaril  of  tliirte»n  tlireotors,  one  I'f  w  Iu)in  shall  be 
pr«  siilfnt  tluTtof.  oi  e  tli«»  treas»ir»>r,  ami  ouv  tlie  seore- 
tar)  tfsaiil  c«>r|)oraMon,  wlio  sliall  Imlil  ll.»'ir  ortii'es  for  one 
\t'ar  ami  until  otluTs  are.  appointed  iit  tin  ir  ctead;  and 
shall  lia\e  tin-  pow»  r  to  elect  the  ])repident,  secretary  and 
trea.'Mirer,  and  to  fill  vacancies  happ;  nin^  in  the  board,  by 
tli«  (!.>atli,  ri'sij^nation  or  inahilitj  to  aet  if  any  number 
theret»l;  and  a  nuijiirify  of  such  (iireetiirs  shall  fonn  a  (juo- 
rum  tor  the   transaction  of  bw^inetJS. 

A«B«aim««ftc;.  ^  .'>.  Annual  niectings  <ihall  be  held  by  the  members  of 
said  corporation  for  the  choice  of  directors  and  other  offi- 
cers, and  for  the  transactma  of  such  bn-^ini  ss  as  may  como 
befiire  them,  at  such  time  anil  plaee,  in  the  city  of  Chica- 
go, as  the  said  directors,  of  the  by  laws  may  dtteimine; 
and  noti(;c  thereof  shall  be  given  in  a  daily  papt  r  puhlish- 
ed  in  said  city  of  Chicago,  at  least  ten  da}s  previous  to 
sai«!  in.etinii;  and  the  first  meeting  shall  be  held  on  the  first 
Moiiilaj  in  May  next.  The  elections  of  ofFuM  is  shall  be 
Vn  ballot,  and  all  such  elections  and  all  voles  shall  l)e  by 
a  plurality  of  the  members  prestnt,  each  member  having 
only  one  vote. 

t«j:  wtcu.  §   C>.     Said    corpora'ion   may    hold   real  estate,  not  ex- 

ceeding in  value  twt>  bundled  thousand  dollars,  and  such 
persmal  estate  as  may  be  necessary  for  the  objects  of  said 
B'ssociatioii,  ai  d  may  lease,  con\ey  ormirti^age  the  same; 
may  borrow  money,  and  secure  the  same  by  bond«and  mort- 
gage or  trust  <leed. 

suck  itu^trt'  ^  7.  The  share."*  of  said  company  shall  be  assignable 
and  transferable  only  according  to  the  regulations  that 
shall  be  adopted  by  ti  e  Faid  B.«sociati(ri  in  that  b<  half,  and 
may  be  forfeited  for  the  nonpayment  of  any  instiillmei.t  due 
on  the  .same  or  of  any  assessment  made  thereon,  according 
to  such  rules  a.4  sliall  be  adopted  in  tiiat  behalf  liy  the  by- 
laws of  said  corporation. 

§  8.  Upon  the  organization  of  said  corporation,  as 
■foresaid,  the  directors  shall  cau^r  certificates  of  stock  to 
be  il«u<»d  to  the  m-mbers  thereof,  in  pursuancre  of  the  regu- 
lation that  may  be  adopted  by  the  said  corporation  und  of 
tbf-  a;{.-ceni».'nt  n  >w  »-\i<tiiig  b»  tween  the  in  inbers  therLof. 
§  *J.  Tnc  said  carporati<in  may  a|)noint  such  other  offi- 
rprn  af  they  miy  d^in  expedient,  who  shall  hold  their 
offi«M'4  for  the  I'Tin  of  one  ^eijr  and  until  their  suc«;essors 
are  app  tinted.  The  tre.isurer  of  said  corporation  shall  bo 
refj'iir«-d  to  give  bond  and  HecMirity  for  the  faithful  per- 
formance of  the  duti*sof  his  office,  to  be  aj»[noved  by  IJio 
directori. 

§   10.     Tiiii  act  •(ball  take  cfTect  from  and  after  il.9  pas- 
•age. 

AlraovKD   Feb.  12,  IH-'J. 


»!•• 


C«nil'*u« 


505  xool. 

'  '^  ACT  to  auth''''    r  certain   towns  and    cilira    in  Kane,   Kendall  and  Feii.  12,  im7. 
»Vhlte8ide  countica  to  borrow  inoney. 

Section  1 .  Be  it  enact»d  hy  the  people  of  the  state  oj  lUi' 
1201S,  repreaeiilt'il  in  the  (ienernl  .Vv.srmA///,  That  all  the 
incorporated  towns'  and  cities,  and  towns  acting  under  the  P'.w*r  to  borrow 
townj-liip  organization  law,  which  are  locate*!  on  Fox  *""°*''' 
river,  in  Kane  county,  Kendall  county,  and  Whiteside 
county,  which  have  lost  bridges  over  said  river  and  on 
Rock  nvt-r,  hy  reason  of  the  recent  Hood,  or  which  may 
lose  bridges  over  said  rivers  during  the  present  or  ric.xt  en- 
suing month,  are  hereby  authorized  to  borrow  such  sums 
ot  money,  not  exceeding  twelve  thousand  dollars  eaih,  as 
they  shall  deem  necessary  for  the  purpose  of  building 
bridges,  to  replace  those  lost  fs  aforesaid;  and  for  that 
jiurpose  said  towns,  cities,  and  towns  acting  uiidcr  the 
township  organization  law,  are  lierebv  authorized  to  issue 
the  bonds  of  said  towns,  cities,  and  towns  acting  under  the 
township  organization  law,  for  sums,  not  less  than  one  hun- 
dred dollars  each,  bearing  interest  at  the  rate  ot  not  more 
tiian  ten  percent,  interest,  payable  annually,  and  pa}  able 
at  such  time  or  times  as  they  may  deem  ])roper,  not  ex- 
ceeding ten  years  from  date;  which  said  bonds  may  be  ne- 
gotiated or  sold  forsuch  disf'ount  or  premium  as  said  towns, 
cities,  and  towns  acting  under  the  township  organization 
law  shall  deem  ]>roper;  and  the  money  realized  from  the 
sale  ot  said  bonds  shall  be  faithfully  applied  for  the  purpose 
of  building  such  bridges. 

§  ■_'.     This  act  shall  be  deemed  a  public  act,   and  shall 
be   in  force  from  and  alter  its  passage. 

ArpRovED  Feb.  1-,  1857. 


AN  ACT  to  aii'tiorizc  the  holders  of  otock  in  the   O^weiro  and    Indiana  r«b  13,  isa?. 
Plank  Road   Company    to  organize  under  the   general  law  for  incorpo- 
(ating  plank  road  coinpanius.  • 

Section  1.  Be  it  enacted  bj/  the  people  of  the  state  of 
Illinois^  represeutcd  in  the  General  ^^ssimbly^  That  the 
holders  of  the  stock  issued  by  the  ()swego  and  Indiana  Poworio  onao. 
Plan;  Road  Coinjuny,  which  was  is.s;;ed  on  subscriptions  e'^ru"'*''"' 
for  the  construction  of  plank  roads,  under  the  powers  con- 
tained in  the  charter  of  said  company,  be  and  they  are 
hereby  authorized  to  organize  under  the  provisions  of  and 
in  accordance  with  an  act  entitled  "An  act  to  provide  fur 
the  construction  of  ])lank  roads  by  a  general  law,"  ap- 
j)roved  Frb.  1*2, 1849,  ami  the  several  amendments  thereto. 

§  '1.     Notice  to  the  holders  of  said  plank  road  stork,  of  WoUe«. 
the  lime  and  place  of  meeting,  for  the  purpose  of  organ- 


ISoT. 


506 


i/In!^  iimltr  the  laws  specified  in  the  fir>t   section  of  this 
act,  sliall  be  qiven  by  Jt»el  A.  Matttsi)M,  William  Smith  and 
N'l<i>n  O    Klwooil,  by  the  juiblication,  in  a  public  newspa- 
per published  in  Will  covmty,  tor  a  period  of  at  least  thirty 
days  prii»r  to  the  time  of  such  nieelinp;. 
T«M  *•  »vn>«-       ^  :>.     Tlie  holilers  of  Stock   represented  at  such  ineet- 
u^^'aTuit'lTi!  ins?'  either  in  pt-rson  or  by  proxy,  shall  first  vote  upon  the 
acceptance  or  rejection  of  tlu-  pro\  isions  of  this  act;   and 
if  aecepted  by  a  n>  »j'>rity  of  the  stocli  rej)r«'sented  at  sncli 
ineetint;,  the  meeting  may  then  }>roceed  to  organize,  under 
the  prjvi<ions  of  the  several  acts  referred   to  in  the  first 
section  of  this   act,   by   the  election   of  officers   and   the 
transaction  «»f  all  such  other  business  as  may  he  necessary 
for  the  perlVction  and  completion  of  such  orj^anization. 
c.»v>r»<'    r  "••       ^  ^-      The  company,  when  so  organizeil,  shall  have  the 
•"  ]»ower  to  choose    and    adopt  a  corporate  name,  and    shall 

iiave  and  possess  a'l  the  |)owers  and  privijegt  s  conferred 
upon  plank  road  companies  by  the  general  laws  of  this 
statr*;  iiud  shall  also  have  and  pos-sess  all  the  i)Owers  and 
privilege"?,  tor  construi'ting,  extending  and  repairing  plank 
roads,  and  for  the  imposition  and  eolleclion  of  tolls,  as 
were  conferre«i  by  the  original  act  of  incorporation  of  the 
"0.<wego  ami  Indiana  Plank  Road  Company;"  and  such 
company  shall  also  have  the  power  to  rebuild,  re|)air  and 
ext.-nd  their  line  of  roads,  or  any  portion  thereof,  and  to 
build  branches,  by  planking,  graxt-lirig  or  macadamizing. 
^  .").  This  act  shall  take  ctlect  and  be  in  force  from  and 
aft«T  its  passage. 

ApfRovtu  Feb.  1-,  IH.jT. 


\.N  ACT  to  incorporate  lli"  Mili^'Hi  l?oiitity  Coal  Company. 


\f  tni\U- 


rr»«iM. 


507  1S57. 

vided^  that  said  corporation  shall  iiothoIJ  at  any  time  more 
than  two  thousand  five  hundred  acres  of  land. 

&  -1.  The  caj)i;al  stock  of  .faid  corporation  shall  h.;  two  ««tiui  »u>ck, 
hundred  and  fifty  thousand  dollars,  tnd  shall  he  divi(led 
into  shares  of  one  hundred  dollars  each;  which  capital 
may  he  increased  to  five  hundred  thousand  dollars,  at  the 
pleasure  of  the  company.  The  persons  named  in  th»  first 
section  of  this  act  shall  have  full  power  to  open  jooks  of 
subscription  to  the  capital  stock  and  to  organize  said  cor- 
poration by  the  appointment  of  a  president  and  such  other 
officers  as  they  may  deem  necessary,  at  such  time  and 
jdace  as  they  may  designate,  by  notice  previously  given  ; 
an<l  when  so  organized  said  corporation  shall  have  full 
power  to  commence  business,  and  to  make  such  by-laws, 
rules  and  regulations,  as  they  may  deem  necessary,  from 
time  to  time,  for  the  government  and  the  management  and 
prosecution  of  the  business  ot  said  company,  not  i?jconsis- 
tent  with  the  constitution  and  laws  of  this  state  and  the 
Unit.d  Sfates. 

5  :'..  The  business  of  said  corporation  shall  be  the  mi-  Bnnin^js  of  cor- 
nuig,  .-elling  and  transportatn)n  ot  coal,  Jrom  their  coal 
mi  es,  in  the  said  county  of  Madison;  and  for  this  purpose 
said  company  shall  have  power  to  j)urciiase,  hold  and  use 
all  the  |)roperty,  right  of  way,  depot  grounds  and  rail- 
roads heretofore  owned  and  constructed  by  the  Wood 
River  Coal  Mniing  Company,  from  itsc«)al  mines  to  Beth- 
alto,  on  the  line  of  the  railroad  from  Terre  Haute  to  Alton, 
and  from  a  point  near  Milton,  on  said  last  mentioned  road, 
to  the  Mississippi  river,  near  the  mouth  of  Wood  liver,  as 
fully  and  absolutely  as  the  same  was  or  could  have  been 
held,  operated  and  used  by  said  Wood  River  Coal  Mining 
Company;  and  shall  have  power,  alter  stich  purchase,  to 
relocate,  change  and  alt»^r  the  line  of  said  railroads,  if 
they  so  desire,  so  as  to  make  a  continuous  line  of  railroad 
from  the  coal  mine?  aforesaid  to  the  Mississippi  river,  at  a 
point  at  or  near  the  mouth  of  Wood  i  iver,  in  said  county 
of  Madison;  and  for  the  purjiose  of  making  such  reloca- 
tion, change  or  alteration,  or  for  the  purpose  of  acquiring 
the  right  ot  way  \,'here  the  same  has  not  We»^n  obtained  or 
perfected  by  the  said  Wood  River  Coal  Mining  Company, 
for  the  railroads  so  constructed  by  said  com])any,  as  afore- 
said, and  for  such  depot  grounds  and  stati ms  as  may  be 
nece-<sary,  the  company  hereby  incorporated  shall  have 
full  power  and  a«»tliority  to  take  and  cause  to  l)e  con- 
demned a  strip  of  land,  not  exceeding  one  hundred  feet  in 
wi<lth,  for  right  of  way,  and  alsj  such  other  grounds  aa 
may  be  needed  for  depots  and  stations,  in  the  manner  pro- 
vided by  an  act  entitled  "An  act  to  amend  the  law  con- 
demning riglit  of  way  for  purposes  of  internal  in)j['rove- 
ment,"  approved  June  2Jd,  1852. 


to    ».-a 


1857.  508 

tt*«...>  M .  =.  ^  4.  Tlio  saiil  company  shall  have  power  to  transport 
their  coal  from  the  terminus  of  saiii  ruilroaiK  on  the  Mis- 
sissippi river,  'oanj  place  or  j>Iaces  on  the  Missouri,  Mis- 
si.<si,»pi  ami  Illinois  rivers;  and  for  tins  purpose  shall  have 
full  pjwt  r  anil  uuthoi  ity  to  pu:  chase,  holil  and  use  such 
steam  ami  «»ther  hoats  as  may  he  necessary  for  this  pur|>ose. 
^  ,">.  The  said  company  shall  have  power  to  connect 
tlie  railroa'Js  which  tluy  may  acijuire  or  construct  under 
the  provisions  of  this  act  with  the  Terre  Haute  and  Alion 
railroad,  at  liethalto,  in  s>«id  county  of  Madison,  and  at 
sueh  other  points  hetweeu  Btthalto  and  the  city  of  Alton 
as  said  company  may  desire,  and  to  make  sucii  contracts 
and  agreements,  for  the  transportation  of  their  coal  upon 
the  said  Terre  Haute  and  All  on  railroad,  as  may  be  mu- 
tually agreed  on  between  said  company  and  the  jiropcr 
otticers  of  said  Terre  Haute  and  Alton  road. 

Ofl<««  •nJ  ^  (1.  The  said  compau)  shall  have  j)Ower  and  are  here- 
by authorized  to  establish  such  offices  ami  ap;eneies,  for 
tie  transaction  of  their  business,  as  they  may  deem  neces- 
sary, and  to  keep  the  same  at  such  place  or  places  as  shall 
be  provided  for  by  the  laws  of  said  coin|iany. 

^  7,     This  act  shall  be  in  force  from  and  after  its  pas- 

Approvkd  Feb.  lo,  18u7. 


•(•act). 


r*.  IS,  im. 


AN  ACT  to  incorporate  the  Diamoiul  Co.il  romp.iny. 


Sectic*  1.  lie  it  enacted  by  tlie  pcnple  oj  the  state  oj 
Ifltnui^^  represented  in  (ieneral  t'hfuvihhj^  That  Isaac   R. 

'  '*■' H  tt,    (jiuiTi    Bir.i'!t,    T.  B.  niack-Jtoue    ami    their  as<?o- 

ciates  and  assigti<i,  be  nnd  ihey  are  lierel)y  constituted  a 
bodj  r<)rj»orate  and  |)olitin,  under  the  name  and  style;  of 
the  ''Diamond  Coal  Company,"  with  all  the  powers  and 
immiinitie.4  incilefit  to  corporations. 

OftMmuMum.  J  1.     Ti»e  said  Isaac  R.  llitt,  (leo.  BarM.t,  T.  \\.  VAac.V- 

•ton«  and  tf.eir  a'»flo(  iales  or  assigns,  shall  have  power  to 
org'tni/*;  lai'J  coiai>a:.\ ,  h)  the  i>|ip(iiiitmetit  of  such  officers 
•a  ihey  may  (|pem  n'-ces-iary,  and  may,  fiom  time  to  lime, 
establiih  siicli  rules  and  re^'ilations  as  they  may  ileem 
necessary  for  carrying  into  tirecl  the  objects  of  the  com- 

ttw^i**,  |iiny  :    Vrivuid,  such  by- laws  and   regulations  be  not  in- 

CoiMMteiit  with  the  law<  of  tlii«i  stale  or  of  tho  United 
St    ten. 

••»iuix«di.  ^  ;;.      Tlie  r;<pil;il    slock  of  flaiil    rompany   shall    he  one 

ItU'idr*  (1  thouiiiiid  dolhirs,  with  power  to  increase  the  «:aino 
to  any  ^nm  not  exceeding  five   hundred  thousand   dollars. 


509  1857. 

§4.  Tlie  huslneas  of  said  company  shall  bf  mining'*  """dcm. 
eoal  or  other  mineral  on  lands  \vlii«-h  tliey  maj  ohtain  hy 
purchase,  lease  or  otherwise,  in  the  county  of  La  Salle, 
and  the  manufacture  of  such  articles  as  tliey  mhj  deem 
exjiedient,  in  which  the  articles  mineral  shall  form  a  com- 
pon«'nt  j)art. 

§  .').     Siiid   comj. any  shall   have    the  right  to   transport  t^»»*p«'^"«- 
said  mineral  or  other  articles  in  such   roaiuier  as  they  may 
deem  ex])edient,  and   to  make  such  ariangement  for  sjiid 
transportation  as   they  may  deem  necessaiy.     They  shall 
have  the  right  to  build   such   roads  as  they  may  (hem  ex- 
pedient to  connect  their  works  witii   any  raiiro  id,  river  or 
canal,   and  shall  have  the  right  to  obtain   right  of  way  foraiRht   to  bniM 
the  same,  under  laws  jjroviding  for  obtaining  right  of  way  '^''*'*''' 
for  j)urposes  of  internal  improvement. 

§0.  It  shall  be  lawful  for  said  company  to  borrow  rower  to  borrow 
money  or  obtain  on  loans  such  sums  of  money  and  on  such  '"""*'• 
terms  as  they  may  derm  expedient,  not  exceeding  ten  per 
cent,  per  annum,  for  the  use  of  said  comj)any,  and  to  pledge 
or  mftrtgage  all  or  any  part  of  the  estates,  improvements, 
privileges,  efTtct  and  assets  whatsoever,  of  the  said  com- 
pany for  tin*  rejiaj  ment  of  said  sums  of  money  so  bori  owed, 
and  at  sueh  times  as  may  be  atjreed  upon. 

§  7.     This  act  shall   take  effect  from  and   after  its  pas- 
sag^'. 

Approvkd  Feb.  1-3,  1857. 


AN  ACT  in  relation  to  North  Bloomington.  ^,5,   ]3   ^^-j 

Section   1.     fie  it  enacted  by  the  people  of  the  state  of 
J/tiiiiiis,   reprrfteiitvd   in  the    General   Jissemh/i/^    'J'hat  so 
much  of  Second  and  Third  streets,  of  the  town  ol  Bloom-  ptrwu  vac.tcd, 
ington,  as   lit-s  west  of  the  west  line  of   Broadway  of  said 
town,  be  and  the  same  is  hereby  vacated. 

§  w.  Be  it  further  enacted^  That  the  title  in  and  to  the  TiUitogronn*. 
ground  coveied  by  the  parts  of  streets  vacated  as  aforesaid, 
be  and  the  same  is  berebj  vested  in  the  owner  or  owners  of 
the  h)ts  bounded  or  adjoining  the  parts  of  streets  so  vaca- 
ted: Providid,  however^  that  nothing  herein  contained  shall 
be  so  construed  as  in  any  way  to  prejudice  the  vested 
rights  of  any  person  or  persons  owning  property  frontin:^ 
on  or  bounded  by  the  parts  of  streets  herein  referred  to. 

§  :*..    He  it  further  enacted,  That  whenever  the  lot  owners  powm  fo  fowt 
of  iiny  block  in  said  town,  as  now  laid  off  or  hereafter  ex-  *''"<'*'• 
tenli'd  by  additions  thereto,  shall  desire  to  unite  in  ])lant- 
ing  sidewalks  orornamcDtal  trees  around  the  same,  it  shall 


1S57.  iilO 

be  Uwful  (itr  thorn  to  fonce  in  said  blocks  by  an  Inclo^nre 
extfiuliuj;  into  niul  tMiibracini:;  a  part  of  the  str.u'ts  of  said 
town  ;  saiil  inolosure  to  be  kept  up  for  a  period  not  ex- 
ceediui;  five  years  from  the  erecti.'u  thereof,  except  by  the 
unanimous   consent  of  the  lot  owners   thereof,  in  wliich 

rr»»»i».  c*se  it  may  be  extended  to  a  perioil  of  seven  years  :   Pro- 

vidfit,  /wirercry  said  incKisure  shall  not  extend   mort>  than 

'*••**  fifteen  fet*t  trom  the  sides  of  the  blocks  so  inclosed  :   .///(/, 

pr.iviJcii,  als.i,  tliat  the  consent  or  co- operation  oi  lot 
owners  of  the  blocks  thus  inclosed  shall  be  necessary 
thereto. 

1  iMhtT  for  do.      5,  4.     />{  if  further  enacted^  That  if  any  person  or  per- 

•tr   7lb£     ta:l»-  ^  .  •      .  1     »  •        i  1         I  •         1  i  p  •  1 

•cr«.  soi»s  owning  a  lot  or  lots,  in  blocks  inclosed  as  aioresanl, 

shall  remove  or  destroy  said  inclosures  or  shall  sutfer  the 
same  to  become  insutficient  as  a  protection  aujainst  large 
sti'ck  during  said  term  of  years,  he  or  they  shall  forftit  and 
pay  to  the  other  owner  or  owners  of  lots  in  said  bl  )cks, 
three  times  the  an^ount  of  damages  su'stained  thereby,  to  be 
recovered  in  an  action  of  trespass,  before  any  justice  of  the 
pearo  or  other  court  liaving  jurisdiction  thereof. 
'  Approved  Feb.  l^i,  1857. 


F«t.ls,iV7.       AN   ATT  to  varatp  part  of  the  town  plat  of  the   town  of  Hennepin,  in 

Putnam  county. 

Section  1.  lii-  it  cnnrted  hij  tlie  pcnjilc  of  tlic  stiitc  of 
Itliu'iis,  reprarutrd  in  tlir  (irncrtif  *'/sxrmlt/i/,  That  Irac- 
■i.».  r,„.f<.  tijn.il  block'*  forty- »ight  <  H,)  forty-nine  (i\K)  fifty-six  (")()) 
and  fifty-seven  (;">7,)  in  Ware's  addition  to  the  town  of 
II»'nn«'pin,  and  the  street'?  and  alleys  dividing  the  same,  are 
hereby  vacated  an»l  attached  to  said  blocks.  That  all  that 
portion  of  land  lying  north  of  Mulberry  street,  of  the  soiith- 
wr'^t  quarter  of  tlie  southwest  quarter  of  section  number 
ten  (!♦>,)  in  township  numbor  thirty-two  (:>li,)  in  range 
number  two  (J)  west  of  the  third  principal  meridian,  shall 
not  hereafter  be  included  within  the  corporate  limits  of 
th»'  town  of  II«-nn»'pin,  and  the  chart»'r  of  said  town  is 
hereby  io  amended  as  to  excludes  the  same  from  the  cor- 
porate limits  of  said  town. 

§   J.     This  act  to  take  effect  and  be   in  force  from  and 
tfter  its  passage. 

Approved  Feb.  lo,  1857. 


511  1857. 

AN  ACT  to  incorporate  the  Pockford  Commercial  and   MathemHiical  ^«>.  13,  i867. 

Institute. 

Whereas  tlie   acquisition  t>f  a  thorouf^li   cominprcial  «'(lu-  Preombie. 

cation,  by  the  youiii;  men  of  our  country,  is  so   closely 

connected  witli  its  prosperity  as  to  make  it  tlie  manifest 

policy  of  legislatures    t<>  favor  all   laudable   ttlorts  to 

afford  the  same. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
I/tinois,  rrp)r.'ierife(/  in  the  Genera/  Assc7?i/i/i/,  That  Louii 
VV.  IJurnham,  principal  of  the  Rockford  Commercial  and  ^,'1;^^ pJl'i',^"*' 
Mathematical  Institute,  be  and  he  is  hereby  empowered 
to  associate  with  himself  and  appoint  competent  jjrofes- 
sors  to  fill  the  following  chairs,  to  wit:  of  double-entry 
book-keeping  and  the  laws  of  trade,  of  commercial  calcu- 
lations and  the  higher  mathematics;  and  the  said  Louis 
W.  Burnham,  together  with  the  professors  so  appointed, 
and  tlieir  successors,  are  hereby  created  and  constituted 
a  body  politic  and  corporate,  by  the  name  and  style  uf 
"The  Rockford  Commercial  and  Mathematical  Institute;" 
and  by  that  name  shall  have  perpetual  succession;  with 
power  to  make,  have,  use,  alter  and  renew  at  pleasiire, 
a  common  seal ;  to  sue  and  be  sued,  implead  and  be  im- 
pleaded, answer  and  be  answered  unto,  in  all  courts  of 
com})etent  jurisdiction. 

§  '2.  The  said  Louis  \V.  Burnham  sliall  be  the  first  prin-  Princip»i. 
cipal  of  "Tlie  Rockford  Connnercial  and  Mathematical 
Institute;"  he  and  his  successors  in  that  office,  each,  shall 
have  power  to  aj)point  his  own  successor.  The  principal 
for  the  time  being  shall  have  jiower  to  appoint  and  remove 
the  professors,  above  mentioned,  and  such  additional  pro- 
fessors and  assistants  as  may  be  recjJiisite,  and  to  fill,  sus- 
pend or  vacate  cither  of  the  above  chairs  at  option. 

§  :>.  The  principal,  his  dissociates  and  their  succts'ors  D'cfcw. 
sliall  have  power  to  grant  dij)lomas,  award  degrees,  con- 
fer honors,  and  exercise  all  and  singular,  the  ]»rivilegeg 
common  to  legally  authorized  commercial  colleges  ;  and 
shall  be  capable  in  law  of  acquiring,  holding  and  convey- 
ing so  ranch  property,  real,  ptrsonal  and  mixed,  as  may 
be  necessary  for  the  purposes  of  the  association,  not  ex- 
ceeding twenty-five  tliousat>d  dollars. 

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

Approved  Feb.  13,  1857. 


1357.  512 

r»*  IJ,  i*r:.       AN  ACT  to  amrnd  an  net  ^ntitUvl  "An  net  to  incorporate  the  Shawnoc- 
tiwn  ami  Kijuality  Plank  Road  Company." 

Skctiu.n  1.  Jii-  it  euuctfil  hi/  the  pntplc  of  the  state  of 
lUinuisy  representeii  in  the  Genera/  »issrmli/i/^  Tliat  sec- 
tion t»ii  of  tlio  act  to  inccirporate  the  Slmwneetown  and 
Kqii.tlity  rirtiik  Road  Company  l)t>  so  nincndcd  as  to  read, 
*»aMil  shall  comj'Ifte  tlie  sainr  troin  iNIaiii  strt'ft,  in  Sliaw- 
neotown,  to  Kqiiality,  as  also  the  l)iiili;e  across  the  nortll 
lorlc  of  ihe  Saline  river,  in  lour  years,  and  upon  a  failure 
to  i\o  l.'.is  t'»e  pri\  jU'ms  granted  hy  thi-^  act  and  the  act  to 
which  »his  is  an  amendment  shall  be  forfeittd." 

Approvkd  Feb.  K>,  lSo7. 


A« 


f«».  !>,  i&ST.       AN  AC  rto  change  the  nainrs  of  Amanda  F..  H.ikf^r  an.l  Jainca  I^.  Haker. 


VOIM   CbBBitO. 


5       - 


tnack. 

This  act  shall  take  effect  and  be  in  force  from  and 
after  its  pas.^a^e. 

Al'i'ROVED  Feb.  !•>,  18.">7. 


r<k   II,  tiTT.  AN  ACT  tn  repeal  an  act  tlirroin  natn<^.l. 

Section  1.  /ir  it  marfrtt  /;»/  t/ir  pro/t/r  of  the  strife  of 
Illinoi.n^  rrprrsrtiird  in  llie  (ieiierat  ,'/sseinh/i/,  That  the 
fecot.d  scctioti  of  an  act  ••ntiljed  [''An  actj  authorizing  the 
county  cooimi^^ionerfl  of  Jo  Daviess  county  to  appoint  as- 
fe«<orK  and  eoll»«efor«,"  piifisfd  an<l  approved  on  the  lilst 
day  of  February,  IMl'i,  hi-  and  the  same  \^  herehy  repealed. 

§  -.  This  art  shall  hr  in  forci*  from  and  alter  its  pas- 
■  a^r. 

Arp«ovrD  Feb.  13,  1H'>7. 


513  1857. 

AN  ACT  to  incorporate  the   Pern  ami   Grand  do  Tour  Plank  Road  Com-  rcb.  ii,  i««. 

pai.y. 

Section  1.  /?<•  if  t narfi  tl  l))j  the  pvnpU-  dJ' the  slate  oj 
J'liuois,  nprcst  }iti  (t  ill  Ihv  (Jim  rtit  *'?ssi  jh'i/i/,  TliatJnImS.  oMy  p<.iiii«  »n4 
Mi'ltT,  Cuurcliill  C  .rf)..^,\V.I)ialn  R.iHl.,  Alt- XHii.ier  Cruik-  ^^»-"'*- 
sliank,  Frederick  S.  Dd},  Sulon  Cuinings  and  L.  Andrus, 
and  siioli  other  persons  hs  are  nnw  stoi-klioldt  rs  in  the  Pr-ru 
and  Grand  de  Tixir  Plank  Road  Couipany,  which  was 
organized  under  the  act  of  the  mneial  assenihl)  ot*  the 
state  of  Illinois  to  provide  for  the  construction  ot  plank 
road?  by  a  "Jeneral  law,  in  force  April  13.  184*J,  as  ajipears 
by  tlitir  articles  of  association,  now  on  file  in  the  oifice  of 
the  secretary  of  state  of  the  state  of  Illinois,  and  their 
associates,  sufces-'ors  and  assij^ns,  are  hereby  made  and 
constituted  a  body  j)olitie.  and  cor])or.4te,  by  the  nan  e  and 
style  of  "The  Pel  u  and  Grand  de  Tout  Plai  k  Road  Coin- 
pan}  j"  and  shall  ha\  e  all  the  iiunuinities,  piiviltges  and 
powers  incident  to  corporations,  and  necessary  to  carry 
out  the  p\nj)oses  of  this  act:  Pruvidid^  that  that  portion 
of  said  road  1}  ing  between  Piiu  and  Arlington  shall  be 
put  into  good  repair  within  eighteen  months  iroin  the  pas- 
sage of  this  act 

\  '1.     The    capital  stock  of  said    company  shall  be    the  c»pit«i rt««ii. 
same   as  now    fixed    by  the   articles  of  association  above 
referred  to,  viz:  eighty  thousttid    dollars;   and  snid  com-  , 

pany  shall  continue  for  twenty- five  years  from  the  passage 
ef  this  act. 

§  3.     Said  cor])oralion   shall  have  the  same  riyhts  and  "iKht*  in-i  p'»»- 
privileges,  acquired  by  tlum    under  their  oiiginal  anicles 
of  association,  to  construct,  maintain  and  continue  a  turn- 
pike and  plank  road  upon  the  route  upon   which  the  same 
is  at  prt  sent  located. 

&  4.  The  said  corporation  shall  have  the  power,  ifP'^'^<'f»^ 
deemed  advisable  by  tliem,  to  gravel  or  macadamize  any 
portion  or  portions  of  such  road,  instead  of  jilanking  the 
same  :  Pruiided.  that  the  same  be  kept  aiid  maintained 
in  good  Older  and  condition  at  all  limes  fur  the  necessaiy 
triivel  (if  the  public. 

§  5.     The  affairs  of  the  company  shall   be  managed  by  oirccv.™ 
seven  directors,  a  majority  of  whom  shall    form  a  (|uorum 
to  transact  business,  and  who  shall  be  chosen  aimually  by 
the  stockholders  of  said  company,  at  such  times  and  man- 
ner as  shall  be  appointed  by  the  by-laws  of  such  company. 

§  0.  Said  directors  shall  have  power  to  erect  and  toil*, 
maintain  such  toll  houses,  toll  gates  and  otiier  buildings, 
for  the  management  and  accommodation  of  such  road  and 
the  travel  and  transport  thereon,  as  they  may  deem  suita- 
ble to  Its  interest,  and  to  demand,  collect  and  receive  of 
and  from  every  and  any  j)ersoi)  usirjg  said  road,  or  any 
part  thereof,  or  so  much  thereof  as  may  be  completed) 
— 5o 


mkMMt- 

rp»U. 


k*Uu«t. 


1857.  .'>14 

toil  to  Ve  rri.Mil»tfd  by  Uo  <1irt>ctor.e,  I  lit  not  to  ixrotd 
tli»-  111'*'*  jMf<riib»«l  h\  "An  Hct  t<»  |'i('\  i4'V  Ini  \\.v  con- 
ftriH  iii'i)  III  |l»*i  k  rrmls  by  n  gmtml  Ij^w.""  ii||)i(tv«d 
>M>nMi>  l*2tli,  h^-l'.> ;  and  tli»- fust,  tl.jul,  tmntli  jnid  sixth 
5tilM'i  s  of  ini  Ht  I  tt)|»nivtd  F^llMial^  1st,  )^;1,  jtiiiMida- 
t.  t\  i<»  »«t«l  Hit  ol  i\l<in«iy  I'JlIt,  18-19,  »ia\  \\  v  ;;rt  i'p- 
piox.d  F»l)niai>  IT,  liS.M,  Mirtlicr  lo  huh  nd  tl.i  ju-t  of 
rtbriinr)  1l\  ISi'.',  Hnd  wliiih  hnid  acts  and  ))Hits  ut  acts 
are  n  ;ide  pHit  of  I  lit-  clmitt-r  lifitliy  »;ianU-d,  hs  tur  as 
ajtplir.ible  tliert-lo. 

^    7.      Srtid    corporation    is   lierel>y   vrsftd    viih  » 11  llie 

i)[nver-  conlrrrtd  i  ii  plwnk  i(>»d  ciini&itirs  liy  tie  mtiitiul 
Hws  I  f  tills  <iat»*  f<>r  llie  consliuction   of  pliink  luai's. 
ti»fcu  »tti  !i,.       ^   "<.      All  coi.trMcts  III  rrt(  f«  r«;   enter*  o   ii  ti»  \i\  or  with 

" ~  th«'    Pi  r  11  and  Giand  dt-  Tour  Plank  Road  Ct.Di|Mii\,  du- 

ritip  Its  ori:><ni/.i<ti<'n  nn(l«  i  llio  gcMUil  law,  si. ail  •<  i  tiniin 
to  t'«-  hlniiinj;  upon  said  (•l'nip;»n^  and  parlies,  i-oipora- 
tioi  .«,  riMiiit},  cif\  and  town  aiitli»'rilic<-,  as  ii  tliis  (I  aitf  r 
had  I. fit  hrt-n  ^'antedj  ami  all  riglits  accjuirtd  and  iiutiili- 
ties  inclined  Uy  tlitin  shall  he  and  rtinuin  us  IhcN  ueie 
prinr  •()  the  pass8c;e  of  this  act. 

§  0.  Snid  coiporaiion,  hy  tin  ir  directors,  in  and  ahoiit 
the  roiistrnctin^  or  repairing  of  said  road,  to  aid  tin  in 
tin  rei:-,  iii;iy  borrow  money,  not  exceeding  in  an'ouni 
twei.'y  ihoii<HT;d  dollars,  and  at  any  rate  of  inteiesl  not 
cxre»  liing  twelve  per  cent,  per  annum  ;  and  on  such  loans 
8ai«l  directors  may  issue  the  bonds  of  said  company^  rud 
pledge  Mieir  s-iid  road  for  the  rt*pa)ment  of  the  amoiMit  of 
the  nmin-y  so  borrowed,  with    interest  as    atores.ini. 

^  10  Tlii"<  act  t>  he  a  public  act,  and  to  he  in  llirce 
from  and  »Mer  its  |iH<:sHge. 

Approved   Feb.   l;!,  iHhl. 


f«k.  \\  mr-7  AN*  ACT  to  h.corporalc  'lir  I.ii.<l  Univcrnity. 

SrcTioft  1.  fir  if  luitrlril  lit/  flic  peajilr  of  tin  shile  if 
lllinuig^  reprenruttd  in  Ihr  limeral  ^Jssfmhhf,  'Ihat  there 
•j^.,wf  ../•^  be  ;iid  hrrcby  is  rVeat.  fl  and  established  at  Lake  Fore.sf, 
in  t<"«'f.«bip  niiinher  fort) -three  and  forty-four  north, 
ranp"  twelve  4:a9t,  in  the  county  of  J.ak»-,  in  this  f.fate, 
or  ii;m  f  irh  oth»  r  latifl.  near  or  ar'jnining  thereto,  as 
fsid  Lake  Forest  Assoeiation  in:iy  hereufter  acquire,  a 
aniver«ify,  to  be  rallerl  and  kiioAn  by  the  name  and  style 
of  •♦Mnd  University." 

5    -.      The  ohj.Tt  of  sai  I  institution  shall  be  to  promote 
the  grniral   interest  of  education,  and   to  qualily  it.s  Mu- 


515  1857. 


-in- 


dfii         '  pii«rnjT»*   in  tlip  learned   prof*  ssums  or  oMier  n 
pl()\  ;■     ,  ts  (it'  societ)  mi'l  to  (li<cliaige  liunorabi}  atnl  use- 
iull\    '■'■.'■  vari  mh  duiies  of   \iir. 

5  ..         rilB  tjMlst«-eS  of  said   i'  S'illllion  p!iall    have  power  Trustees. 
io    .      .<ilis|i,    as    th»  ir  jiidt»ineiit    and    the    exigencies    itf 

soci  V  'iny  at  any  time  refj-iire,  and  as  t  leir  I'linds  jiud 
nro|'  jnny  Ironi  linie  to  time   al!ovv,  fchools  ot"  every 

desi-  "Ml  and  grade,  togetlu'r  with  a  college  and  setni- 
naiN  departments    devoted  to   iiis'ri'cti.in  in   tl;ri)higy, 

law,  li.ine,   general   or  parti   ular  sciences  and  litera- 

ture    i   I'lH  nrts. 

^  HMijimin  W.   Riytnond,  Frajiklin   W.  Chfimher-  pirbt  iru»i««. 

lain,  >.\\M  II.  Carter,  CtiarL-s  R.  Siarlcveather,  Ciiarles 

R.  I]  .  ;;.»l.iii,  DdviMe  R.  II)It,  Vinzi  B-nedict,  Peter 
P.igr,  <  !.il'»-.'l  G.  S,.H.;5,  Il.rvev  C  irt'S,  R)bert  W.  Pat- 
tersi.h.  V,.s.  I  D.  Eldy,  Ira  M.  We.-, I,  Hiivey  M.  Thomp- 
son, L  .-.s  H.  Los«:,  A-aliel  L.  BrooU-j,  William  H.  Brown, 
Sam  1  I  0.  Lockwood,  Hiram  F.  Mather,  and  S}lve.ster 
Lini).  '  'le  donor  ot  (»ne  lnunire  I  tlioiisand  dollars,  to 
four)  •  'eological  depariment,  in  honor  and  recognition 
will  lie  university  hears  his  n;\me.)  shall  be  trie   first 

tru  •("  sdi  1  iuiititiuion;  and  they  and  tlieir  successors 

sh  i!  ind  they  are  hereby   created   a   t»ody  corj  orate 

and  ij,  by  the   nami^  and  style  of  "The  Trustees  of 

Linii  ! '  .versity,"  and  by  that  style  to  remain  and  have 
perp         1  succession. 

6  '         !.'jie  number  of  trustees  shall  be  limited  to  twen-  k umber  of  tn>*- 
t}*,  t»i    '      ii/ided  by  lot  in'.o  lour  equal  classe«;  the  term  of 

offici  '  'he  tirst  class  to  be  two  years;  that  of  the  second 
class  .  r  years;  that  of  the  third  class  six  years,  and  that 
of  th  'orth  class  eight  years.  They  shall  ele  t  their 
own  essors,  in   perpetuity;  and   the  same    person  or 

pers  'luH  be  roeligiole  as  trustee;-',  in  the  (.icretion  of 

the  .1.      Vacan.L'i.  ■»,    by    deatli,   r-moval    without    atid 

beyo  .  !  ','.0  states  of  Illinois  or  \Vi«C{»n>:in,  or  by  resigna- 
tion, ^  I'l  befi'iod  for  the  unexpired  pnr'ion  only  of  the 
tern,  i  <  <ic.U  case  which  it  is  intended  to  s<i|>pl\;  but  the 
elec  itiii    appi)iritujent    of  all    sobsr^ijuent    trustees    of 

the  i  '  iird,  hefore  taking  elF^ct  in  lull,  sliall  be  su  ject 

tot!  <  iiiriration,  consent  and  ajiproval  of  the  s}  n-id  of 
Peori  onnected  with  the  di-noiuination  known  as  the 
Con^  i3nal  Prrsbjtetian  Church  of  tiie  United  States 
of  Am  -a,  commonly  called  *'New  Sehool,"  its  ectli  sias- 
tica!  I  'egal  successor,  vilhin  wliose  bounds  the  univer- 
sity i>       -ited. 

5  '■       Said  trustees  shall  'ive  a  common  seal,  to  be  by  c ->«(«  xw*. 
thetn         -red  at  plea<:ure;  they  may  sue  and  be  sued,  jdead   *'*■ 
and  !'•      npleaded,  in  their  corporate   capac't)  and  name; 
and   t'      .-by  shall   have   poiver  to   ])urchase,  receive  and 
hold  t      'lem  and  their  successdrs  forever  any  lands,  t«-n€- 


iSoi 


51C 


in»-n<s,  rents,  «»nO(N,  oliattfls  and  jirojioitv,  of  3>^y  l»ind 
wla'soi  V  tr,  wliioli  may  hv  |iJirc!.a;5t'iJ  1>_\  or  nu»y  lu- «le\  ised, 
nivrn  or  b»<|i»edilu'(l  tt»  tlieni,  or  lor  tlie  ust-  ot"  said  nni- 
\rrsit)  or  any  df|»artnu'nt  tlu'rcof,  and  to  sell,  I'onveVj 
l»-ase,  rent  or  otlierwi-Je  use  or  dispose  ol  tlie  same,  i^i 
siu'li  time,  iii  su(.-ti  m<niner  and  on  suoli  ttims  as  lo  tliem 
uniV  sr«  m  best  aii»|>ted  to  promote  the  olijects  of  tlieir 
ine«ir|>or:Uion;  the)  may  also  n>ak»',  ud  pt  an-'  lr<  ui  lime 
to  time  alter  any  sui'li  constitution,  rules,  regulations  and 
bylaws  as  ti.eir  convj-nience  may  require  and  are  not 
inctinsistent  uiili  tlic  consliiution  and  laws  of  tiic  United 
Slat»'s  anil  of  tliis  state. 

6   7.      All  tlie   institutions  provided  for  by  tliis  act  shall 
be  located   and    built   on  the   Lake    Forest   lands  or   upon 
sucM  ai'j  »iniiig  l-^nds  as  may  he   liereafit  r  acquiied  in   the 
r*«»i.>.  same    vicinity:    Provu/n/^    /lutrevn',    that    the    theol-'gical 

depifiment  of"  said  university  may,  by  the  approving  vote 
of  a  mnj  irity  of  the  owners  in  the  Lake  Fojest  A>st ela- 
tion, hail  at  any  r<'guldrly  callt  d  meeting  of  sai<l  associa- 
tion, and  of  three  lourtlis  of  the  entire  board  of  trustee.^  of 
said  uiiiversit\,  be  loiated  in  or  near  the  city  of  Chlciigo; 
such  vote  to  be  taken  at  a  regular  meeting  of  said  boaul 
oJ  trustees,  and  alter  four  w«  ekb'  notice  of  the  meeting, 
sta'ing  the  obji-ct  contemplated  in  that  respect,  by  pul)li- 
cation  in  at  least  two  of  the  daily  papers  published  in  tho 
city  of  Cl.icago. 
i«Miwt*UMw  §  ^*  Kqual  privibges  of  admission  and  instruction, 
widi  all  the  advantiigis  of  the  inslilution  in  all  the  <b>|)ait- 
meiit^,  shall  be  allowed  to  students  of  every  denomination 
of  cbrislians. 
_.  .  ..  ^..  6  '.».  All  proi.ertv,  of  wh.tte\er  kind  and  description, 
*'-mxxa*itM.  belongug  or  .ippertHiiiUig  tt)  the  corporate  lio''}  creiited 
by  thi«f  act,  shall  be  and  forever  remain  free  and  «ximpt 
from  all  tHxiition  for  any  and  all  pui  poses  whatever. 

^  10.  The  corporation  aforesaid  shall  ba\e  powt  r  to 
conf'-r  on  such  per'*on<<  as  may  be  deemed  deserving  such 
academictl  and  honorHry  degrees  as  are,  usual  and  cus- 
t')mary  in  any  other  colleges  or  universities  licri'  or  tltJt- 
where. 

§  11.  The  trustees  of  said  university  shall  have 
atithorily,  Irom  time  to  lime,  to  piescribc  and  regulate 
the  course  of  studies*  t(»  be  pursued  in  said  univeisity  and 
in  all  the  departments  attacheu  thereto;  to  fix  the  rate  of 
tuition,  room  rent  and  other  necessary  expiiises;  to 
•  ppoir;.  a  faculty,  consisting  of  a  j>resi(lent  i.nd  other 
inntructorx,  professors,  tutors  and  teachers,  of  every 
grade,  and  such  other  officers  and  agents  Rs  may  be  needed, 
in  their  judgment,  in  the  munag*  ment  of  the  concerns  of 
llie  institiiti.,ii,  to  d»  fine  their  powers,  duties  and  rmploy- 
meiilJi,  to  fix  their  c(  inpensaliun,  lo  pio\ide  lur,  coiitract 


P«V«**     jt 


517  1857. 

with  arirl  pay  the  same,  to  displace  or  remove  eitlier  or 
any  of  t'-e  instnntors,  officers  or  agents,  or  bll  of  tlinn, 
as?  saifj  trustees  shall  deem  the  interest  of  said  uni\er.»iiy 
re(jiiire:!;  to  fill  ;ill  vdoanries  anionic  snid  instnirtors,  ntfi- 
ceis  and  iii^ei:t^;  to  t-reet  nects-fary  Itnildinp;*;  to  pun-hase 
and  from  time  to  time  to  increase  the  lihr-iries  of  the 
institution  and  its  departments;  to  purchaso  h(M)k?,  cli«'ini- 
cal  and  philosiipliical  apparatus  and  other  sniiuhle  means 
to  fiL-ilitite  instruction,  including  the  estahlishtnt  nt  of  an 
astronomical  observator},  with  all  suitable  ;ind  conve- 
nient apjiaratus;  to  put  in  (ip«  ration,  it  deenn-d  advi>;al)le, 
a  P}>tem  «>f  manual  labor,  oi  gjmnastic  or  otjicr  exercises, 
for  the  pur})ONe  of  promoting  the  health  of  the  students 
and  lesst'iiiiig  the  i  xpenses  of  education;  to  make  rules 
fur  the  general  management  of  the  atfaiis  of  the  institu- 
tion and  lor  the  regulation  of  the  conduct  of  t!ie  students, 
and  to  add,  as  the  at)ility  of  the  corporatiftn  ma}  wairant 
and  the  interest  of  the  public  shall  require,  a  *i male  aca- 
demy or  I.igh  school,  an  academy  or  high  school  for  males, 
a  preparatory  department,  designed  to  fit  joung  men  for 
entering  Uj)().i  the  col'egiate  or  oilier  depai tments,  or  the 
same  or  any  of  them  joiaed  in  one,  and  additional  dejiart- 
ments  f">r  the  study  of  the  scier  ces,  a5  applied  to  agticul- 
ture  or  thf  aits  or  any  or  all  of  the  liberal  piotessions. 

§   12.     O.ily  one  of  the  faculty  of  the  co  lege  at  Lake  Spociui     prcTi- 
Forest  shall  be   a  mtmber  of  the  board  of  trustees  at  the 
same  time. 

§■  l:}.  The  trustees  shall  faithfully  aj'ply  all  funds  and  ^^°^ 
moneys  colli^'cted  by  them.  accon'iuL,'  to  tlie  best  of  their 
judgment,  ill  erecting  suitable  baildings  and  in  keeping 
up  the  same,  in  improving  and  suitably  managing  or  sell- 
ing, at  their  discretion,  the  lands  donated  to  them  by  the 
Lake  Forest  Asj'oci-ition  or  otherwise  ac(|Uired  in  sup- 
por'itig  and  paying  the  necessary  instructors,  officers  an. I 
agents  of  th'>  c'»r])oratif)n,  in  procuring  books,  maps, 
charts,  globes,  philosophical,  chemical,  a-^tronomical  and 
other  apparatus,  designed  to  aid  in  the  promotion  of 
sound  learning  in  the  institution  and  the  several  depart- 
ments therecf:  Pruvif/td^  lliat  in  case  of  any  donation, 
devise  or  bequest  made  or  at  any  time  hereafter  to  be 
made  to  said  corporation,  or  which  the  trustees  before 
named  or  any  of  tbem,  individually,  may  have  heretofore 
accei)te<I,  in  trust,  preparatory  to  an<l  in  anticipation  of 
this  act  of  incorporation  and  which  has  or  may  have  by 
the  terms  of  the  »loiiation,  devise  or  bequest  any  particu- 
lar dr"»ii;tMtion,  nppointment.s  or  conditions  attached, 
accordant  with  the  general  ot»jects  of  the  university  or 
any  dep-irtment  thereof,  sati^iactory  to  said  board  of 
trustei'«,  and  accepted  by  them,  the  said  trustees  shall  be 
unde9  obligation  tj  devo',e,   usc,  maimge  and  apply  such 


1857.  518 

tltM.'j"!''!!,  ilevis-e  or  l>oqu».«t.  In  mnforiTilty  \  i<  (he 
I  > I  It  >s  » I  i'(^il"«  s  uiit)  ii.sti  iif«ii>ii<!  of  tlif  i'itiii">r  tT  tlevi- 
5i»r.  Aii<J  lor  tilt*  j)iii|)M««»  ot  ,>ii«i(l  incoi  |n'i  jit- .»i,  ^aid 
trn*tfis  H'»»  htr»li\  )«ii'l  •  liz*  i)  it>  <-iittih't  v  I'li  bud 
r»'Oii\e  ti<tin  ary  one  i-r  iiMii-(>t  iliir  «iwi<  Mr  i  and 
fiojii  \\\v  L.^ke  Fori'st  Assorirtiion,  I'lnnsHul,  i-n  •  .  ror* 
ii.>iHi»-(l    Ian?  Bill!  C(>II»-j»e   c<>ini'rtii\.  Innn^t]   i)i  \\.,-  of 

C(ti<**»*;<»,  f^n  tlte  -8t!i  claiy  ol  Ft  lunar),  180l",  or  il  r  Mib- 
srii>>«r--  llu'Jtio,  j;iul  fivtw  hII  uil.ir  |.«i«;t»jis,  a  rhiiln.i' ion 
»iid  |i»  I  li'i  iMHiM-f  if  hW  lli«'  pU«'i:«"""»  I'O'li  ol  iiHui'  \.  lids 
or  oll'»T  |ii'';-rH\  |i!r<'i;»  <l  to  tin  in  "r  to  Hoy  pt  i  •  ,  in 
tr»i<t  (  \-  ti'»  111,  Ht  Hiiv  !iiii«'  ).iii'i  Id  ;miiI  id  :iii(iiii.  .  >  of 
tlie  |>.ts<i:t{<-  ot  tliis  Hit,  Hijil  .«lihll  liulti,  nx-  hhi!  i<>\  I'Vtge 
or  foiivni  tilt*  otuie  to  the  u.<:e  hiid  in  conloi  mil}  \Viili  llid 
coittlit  111  <  iutii  i  it<  rtioiiS  of  the  ()i>nnr>. 

QtK^  -^  ^    14.    Ivglii    trii'<t»«s  >\iu\\  \h-   .^ntru-ii  lit  to   cnnsliMi'e   a 

(]  i->Miin  t'>r  tli«>.  transiiciioii  of  liusiiif  •^s,  ami  slionld  there 
l)f  a'  HII)  ini'«-iiiii^  Hii  iii»-ntni'i('iit  iiniiiher  tii  Tiini  a  (pio- 
rntn  th»'\-  5hHll  \:H\v  |)i'Wir  'o  Ht'jnnin,  (nn\  r!»»)  \u  dayj 
or  I  >i  H  loPL'or  jH'iiod,  tiiitij  a  (jiioinni  shiill  h«    htui. 

rtmiaf*::a-;.  ^    1").      Tiif    fiist    iiM'ttiiif^    oi    ihf   said   tin-rtMS.   imder 

thi'*  iharter,  shall  be  held  at  tl^e  fit)  ot  CliicHj^o,  fwi  the 
first  Tiu-sday  ill  Mjii'Ii  iir\i;  himI  all  siihstijiK lit  nitt  litgs 
of  the  boird  shall  he  In  hi  at  siiih  liliirs,  at  .MM-h  plMCe 
Hud   on  <:iic.S  noti'M-   ^ivin   tlo-itol    lo  tiu'   imiiibt  i  the 

board  shall  hr  i-at'lrr  |ir»-;*i'i  ihr. 

--  ■  »r»n:<«-  §  1t<.  N  •tiling  in  t'  i^  n<'t  (-out aiii«<]  shall  be  SO  roiiStl  i'<  d  as 
tn  interftTP  with  or  ()i>tiirli  any  ariHni;«  in»iit  mad*-  <  r  t  »  be 
mado  between  lh»'  triMtj-es  of  tin*  nmversity  and  i'  ■  us- 
toe<  »r  snb^crihers  to  the  !<  ike  Fnptst  Asx-o.-i.i'i  T'  ;h- 

ing  llie  s'lare    »f  eX|M'nse<  j  i»fly  rh  n^fahU-  m  lln-  :  ndj 

doimtnl  hy  the  ldtt»T  to  II. e  fount  r,  e\  cjiisiij-  ol  l  u  •  ites 
of  t!iH  M  •ii'fr<iiy,  rolhgi"  or  otlii-r  ac'.idi-inic.il  or  ■  iliool 
b"ii'dini»'<.  tor  the  |iiir|'o>e  of  0|M-niiiU  and  ^ra  liin;  .'leetS 
M  ,.l  n  111."  .i! ii,.r  iin^irovi  iiM-nts,  nor  to  ex«  mj»t  tin-  ■••iine, 
(  4ile4  Hlid  htiildiiii;<t    tfon-srtid,)  iil  th<     .  .  nds 

of  ■  I  .|  i|  vi-i  sity  lr^l^t.  es.  Iioill  taxation,  for  local  I  ■  |)0- 
fief.  Uy  ttie  miiiiii-i|Ml  autlioiit)  of  any  villa^i    oi  cii'.  ich 

lUiiy   '11  any    tiin"    Iih  frea'rd,    liMvini^r   c.u  |ioi  a'«-  j  ir- 

tinfi  over  till*  plat'e  where  «!aid    iiiHtilotiiui'i  aie  h. 

(    17.      It    utiiill    ii'it    be   lawful    |.ir   tlie    tm.s'ii^  -aid 

tHii\iT'it)  to  apjil)  nii)  of  Naid  lands,  so  clonal*  d  <■<  i  ho 
d'liMteH  to  the  in,  a -I  af»MSjid.or  any  |'art  of  the  |<i  fds 
or  ciedit*  tin  re. f,  'o  an)  in<*l  it  nlifii,  othij  lliioi  l!i<»5e 
)orat«M!  at  Like  F  »rest,  and  on  the  ]aiid<i  donalcil.  The 
»ifn««   rule    nhall   l.o'd   hnd    s>p(dy,  in    rtase   of    olio  ;ia- 

1i«ii»«,  j;dt/i  or  bi  (]»i»"<ts  I"  .qaid  iiniv«'r"«i'y  i"'  •*  »'ry 
(t*|iar(iiP  fit  thereof,  iinlefs  il  .'■hall  have  hi  .  n  tli'  i.  iiwn 
()«-«it{fi  of  I'.ir  ^i\."th.ti  iig.'.h  duiiation-',  lull's  or  h',:t,'st8 
Wt-rr  to  be    HI'  d  i  l^twhtrc. 


619  1857. 

§   18.     Not  less  than  three  eqiinl   fifth  parts  in  number  i-»nn«a. 
of   ln«  liii>.«fes  <(f  s.iui  iiiiivfrsiiy  >li.ill  \n-  alwij\s  li«\iiic'i). 
Ai»v  »ultir«*  l^-gHl.itiire  iiny  al'er  or  aineinl  this  chartt-r. 

^    i:).       Tlu*    art  sliall    take  t- flTc^t  Uiul    he  in    foice   Irom  ruuilcM*. 
tli^'.  il.ifv  <»f  its  |M-sa^»-,  and  siiali  bti  Jeeined  a  puldir  act, 
anJ  sImIi   li;»erall>   and    htiiit^iily   roiistruiMl,  in    nil    cmuis 
antl  j»l  ice-!,  ill  t'lirfht-raiiOH  df  the  oljecls  thcieuf. 

Al'HHUVhl*    i'rii.    !•»,    L'i'ji. 


AN  ACT  toi:,torporatc  llie   Sp'ia-fi  '•'.,  licokuk   ami    Wirsiw  Railrviad  ftb  It!,  tSSV. 

Coin  JM  II  J'. 

SKCTtoN  1.  Hp  it  I'linrU'il  hi/  tJie  penpfe  of  the  sUite  of 
If  in  ni,  repreftiti'i/  in  the  (rinrru'  .'/sscrnh/i/,  Ttiat  J  «oob 
E  I'^r,  P'tpp  Cartwriijlit,  C.  H.  C  ir.iv'eKlufr,  Tlii'nws  N. 
Carter,  J  H-nry  Snw,  N.  13.  Thompson.  .Jaroh  Dina- 
Wiiy,  JiCoS  War  I,  Simnel  Cristy,  Isa-^c  R.  Diller,  John 
C.  B<j;!>y,  Bryant  S  St-ntiehl.  Jdm»-s  A.  Winston,  Hr\ant 
Birtletif,  Jiiin  C  .Joliri^ofi,  Jo5.  K.  Ilorni-^h,  aiiH  John 
MrCnne,  and  all  others  wth  whom  tin  )  may  asstxi  ttf,  or 
thatm<y  become  sfockholdtrs  in  tln^  oipanizition  orrmn- 
pany  b-*  an<!  are  hereby  incf)r|)orate(l  into  a  hmi\  jxilitir,  nn- 
der  tlie  urime  ami  st}  le  of  "The  SiTinpfieM,  Kei  kok  and  Body  poitita. 
War5!HW  rtaihoad  Cojn|)atiy,"or  by  aii\  oilier  name  and  st\le 
they  may  hereafter  adt, pt;  mi  whici'  name  and  -it\  le  tlie\  shall 
have  perpetual  succession;  arid  .shall  be  capable  of  smnj^ 
and  being  sued,  pleading/  and  b<*  impleaded,  defendin  :  ^nd 
bt  ini;  required  lo  answer,  in  all  courts  of  lav/  atifl  e(|nity, 
withir)  the  state;  use  a  comtnon  Peal,  which  may  be  alter- 
ed at.  plehture;  m.^ke  all  needful  hy  la  ws,  ruhs  arul  i»ku- 
latio!i>j,  for  ihe  jTjovernment,  m:itiai^ement-,  jnHinrenani'e  rind 
pre^t-rvation  of  the  business  and  prt»|iert)  of  the  coniitany; 
employ,  direct  atid  di<'  har^e,  nt  their  pleasure,  all  the  re- 
quisite engineers,  flg"nt«,  a<;^i-it:uit:j  and  attorneys,  iwces- 
snry  f<»r  the  orj^aniz  ifitm,  inairit'-nHnce,  prosecution,  cnm- 
pletio.:  and  successful  oper  »M(tn  of  the  bu-jjuess  and  ob- 
jects of  the  r.»m|Mnv,  as  w  II  as  perform  and  M.j>y  all 
other  acts  and  pru'dcges  u-)Ual  hikI  authoi  iz.ed  hy  the  laws 
of  thi^  state  in  the.  encouragement  of  inoorporatiruis  lor 
railroad  juni  other  p«rpose.«. 

§  -  T  lei  perious  nam'MJ  in  the  precedinc;  section,  or  a  Orsmiiaua 
maj'»n"fy  of  them,  .shall  meet  at  5ncn  time  and  j»laee  as  hy 
thetu  be  deemed  conv»»nieiit,  giving  all  their  associ^t^s  at 
Icai^t  thiity  clays'  notice  of  the  time  and  place  of  said 
in<»etirig,  :ind  tike  snoh  step^  as  they  m^y  tind  exjiedjefit 
for  an  nriranizatiou  of  the  conipi^ny,  opening  books  lor  the 
8ubsjri]»ti>»ii  of  stock,  jiroviJing  tor  a  i-nrvcy  or  surveys, 


H57. 


520 


electiner  a  boaril  of  directors  ant]  otiier  oflloers  of  tli*' roin- 
piiit\;  uliici)  infttii.g  inHy  adjitiirii  from  time  t«>  time  and 
l"ri»m  pi  »ce  to  place,  a<  maj  be  apreec)  upon  :  I'mndtdt 
/tittrft'i  r,  that  this  organization  sIimII  not  In-  in  lorcc  or  the 
first  boar«J  of  directors  eltcted  nntil  tlurr  sliaill  liavt*  been 
at  lra-«t  one  Itiindrrd  tlionsand  dolUrs  <>f  tlit>  e)i]>itHl  stock 
■  ctiii'lly  and  hinui  fnte  siibscrilu-d  to  said  rompany,  and 
tJiirty  days'  public  notice  given  to  said  stock  subscribers 
of  said  eleition  of  directors. 

%»9f^mm\.  k   *'■      Tlie   cajiitdl   stock'  of    the    cnir)]ipny  sliall  be   one 

million  of  dollars,  \vl;ieli  ujhv  b»*  at  any  tinif  ini'fasrd  to 
any  snui  or  sums  «>uriirifnt  to  fully  cany  ont  and  peilect  tlie 
oi'jfcis  and  proper  interests  ol  llie  coin|iiin;^ ;  the  stock  to  be 
di>idi-d  and  represented  in  shares  ot  our  hundred  dollars; 
which  stock  may  be  subscribed,  lehl  nnd  made  trans- 
frrable,  on  the  books  of  the  conipany,  in  siirh  manner  and 
fv)rm  and  under  such  rules  and  le^nll1tioIl^  as  niay  h**  pre- 
scribed and  jlirccted  by  the  eomjumy  or  the  board  ol  di- 
rt ctors  thereof;  each  sto*.  kiiolder  to  be  •  ntil'i  d  to  one  vote, 
in  person  or  by  written  proxy,  for  each  share  of  stoek  by 
he,  she  or  they  owned,  upon  which  tln-re  is  then  no  install- 
ments or  dtlinquencies  i\\^v  and  nn])aid. 

•"'^****'  §   4.      Tlie    general    mMnag**ment   and    interests    of  the 

Company  shall  t)e  under  the  clir«'ction  ar.d  summ  \  ision  of  a 
board  of  seven  directors,  wlioshnll  be  elected  b>  the  stock- 
holders, annually,  on  the  first  Wednesday  in  Ma}  o)  ♦nch 
year,  at  some  convenient  and  accessiijlc  point  on  the  line 
ol  the  business  of  said  compan),  of  which  time  and  j)lace 
ofelrli.ni  thirty  day>'  notice  shall  alu-d}  s  he  pi\en  to  the 
Ptoeklndders,  by  jinl'licalion  in  two  or  more  n*  w-'papers 
pnbiished  at  dillVreiit  ]>oints  i.)  the  r*  uniii  s  thron^li  which 
the  line  of  road  of  the  company  may  b*-  located  or  contem- 
plated; said  (lection  of  directors  to  be  held  and  conduct* 
rd  r)y  three  or  m«»re  of  the  former  directors,  or  persmis  se- 
lecti-d  by  l!i!i  s'ockholders  present  lor  that  purpose;  and 
a  mitjorit}  of  all  the  votes  cast  at  said  elei-tioiis  shall  be 
suthii'nt  to  elect,  the  result  of  whi(  h  shall  be  placed 
ofrtcord  upon  the  books  of  the  conifiany,  and  when  so  re- 
corded and  si^ntd  by  the  directors  or  the  persons  duly  ap- 
pointed to  h,  111  •inch  i  lection,  the  said  Kcold  shall  he  ta- 
ken atid  re^ratdtdas  sntricii  lit  e\idence  and  certificate  of 
the  election  r)f  the  person"  therein  named  as  the  hoard  of 
directors,  who  thall  Indd  their  oliicts  as  directors;  and 
they,  or  a  majority  of  them,  shall   be   anthori/ed  to  act  uf 

•  ucli  for  the   term  of  one   )ear  and  un'il  their  siucessors 

•  hall  have  been  duly  elected  and  (jiialifi*  (I;  and  .'hould 
there  be,  from  aiiy  cause,  a  lailure  to  ^ve  iln-  n  rjui.Kile  no- 
tire,  or  elect  haid  boanl  at  'he  n^nlar  ari'Ual  ele<  tien^ 
tt.eii  tl  will  be  the  duly  o)  the  preMtlent  or  board  of  di* 
icctora  ol   the  r')m|iany    to  give  the  notice  and    have  vaid 


521  1857. 

eleotioii  at  the  earliest  practicahlc  pei  io(?;  rikI  lliat  siicli  fail- 
ure to  ♦-fect  will  not  iiivtilidate  this  or^aui/ation  or  therein 
So  vitiate  the  ohjtnts  or  liphts  of  tin*  coiM|taiiy.  The 
board  ot"  tlin'ctors  shall  elect  trfiin  their  nninber  ji  pre-ji- 
dent,  who  shall  he  the  president  and,  « ./•  <JJlcin,  otticer  and 
representative  of  the  eoinpany  in  all  contracts,  bonds,  fron- 
veviinces,  and  other  obli^^ai ions  of  the  coinpanj;  and  in  the 
CA'ent  of  the  absence  or  inahiiity  ol  the  president  to  act  the 
board  may,  for  the  time  beinf:j,  elect  or  appoint  any  other 
one  of  their  nninher  to  act  as  president,  as  well  ».s  to 
appoint  and  anthori/:e  any  i)ther  comjietent  person  to  re- 
present anil  act  fiw  the  company.  They,  or  a  miijority  of 
tlitm,  may  also  elect  or  appoint,  a  suitable  person  or  per- 
sons to  act  as  the  secretary  tind  treasurer  of  the  company, 
as  well  »s  to  appoint  and  coiitrol  all  other  necessary  agents, 
officers  and  employ  ees  ol  said  company,  und  require  ol  «  iiher 
of  them  such  security  and  (jualitication  as  thej  in.<y  deem 
proper  for  the  faithful  discharpe  of  their  lespej-tive  trusts, 
and  tlx   and   rc^ul-te  their  compensation  therefor 

^  ').  The  ohiects  of  this  oroaniza'ion  and  comr)any  is  the  ^f>^^^  *<>  *>«« 
location, constrnction,  coroplttion,  equipment  and  success- 
ful operaii<in  and  mainteuance  of  a  line  of  railroad,  from  the 
city  of  Sj)rin::field,  in  tho  coun'y  of  Sangamon,  bj  way  of 
the  town  of  Pleasant  Plains,  in  said  county;  thenc*"  to  the 
town  of  Virginia  and  the  city  of  Deaidstown,  in  Cass  coun- 
ty; thence  to  the  town  of  Rushville,  in  Schuyler  county; 
thence  to  the  town  of  Carthage,  in  Hancock;  thence  to 
the  .MIssi^sij)pi  river,  at  or  near  the  town  of  Hamilton,  in 
said  couofy,  inunediately  opposite  the  old  limits  of  the 
city  of  Kcok"lf.  Iowa;  thence  to  the  city  of  Warsaw,  in 
said  cotmty  of  Hancock;  and  shall  construct  and  (iperate 
that  portion  of  the  road  between  tlie  two  last  named  p<»intg 
of  termini  in  the  sanie  manner  that  other  portions  of  said 
railr.<ail  are  consttULted  and  ojieiattd  in  said  county  of 
Haficock;  and  for  such  pujpost;  the  saifl  comj)any,  their 
•  tfi.ers  and  agents  are  lifcrel»y  authorizid  and  empowered 
to  enter  upon,  survey,  locate,  relocate,  construct,  recon- 
struct, lee"",  r*  lease,  complete,  maintain,  equip,  furnish 
and  operate  a  railroad,  with  a  sinyle  or  double  track,  inclu- 
ding all  the  necessary  turn  outs,  switches,  depots,  wharves, 
bridge*,  stations  and  other  appendages,  u>ual  and  pertain- 
ing to  railroad'';  and  to  have  ami  enjoy  all  other  powers, 
privileges  and  franchise  usual  and  authorized  hy  the  laws 
now  existing  or  th*t  may  be  hereafter  enacted  in  this  state, 
encouraging  an<l  telatingto  the  con«»tructii)n,  maintenance 
and  operation  of  railroads  and  other  inti  rtial  improve- 
metM-?. 


i'».      It  shall  be  lawful  for  this  company  to  acquire,  re-  property. 


ceive,  purchase,    hold,   sell,  least,  release,  contract    and 


Mviataaa. 


1857.  iV22 

copvev  «"^^  r»nH  itll  ri».il,  pT^nr.al  and  mtxod  rsf  »ti  ,  rtjfht 
of  wi\,  in>i<'tiiu»-r\  ami  oilier  |tn»|i»-iiy  or  jirivil.  y.-v.  per- 
twiiiiMi;  ••»  '•.«•  II  »j»*»'t'S  olilie  ciiiiiiMiix ,  in  \\v  i  DiiS'rovUon) 
complf  li  Mt  MPil  Mi.iiiMijpinf  n'  <•!   iluir   Itusiitt^vs  «iiti  t;i«   of 

r«».««J       Aim!  i«i  Mit'  ♦•vtMit  ot  tlit-ir  I'll!  h«iiii»  nil*,-  I lire 

or  tiHtiiin  lli»*  rftiui^ite  ri<^lil  (»!  \v.»y,  lands,  innUri.  for 
rou'tnm  ii»n,  l«y  i»«J't,  )>ur<'lia<e  or  olln-r  Hn)i(*a'>l»>  <<  '  tns, 
t»it"i  it  !»»iall  b««  I  (Will  for  stiil  company  or  tlnir  ii.'/  it  or 
aitfiir<  t»»  p-ore»-il  to  IrtV  out  :uul  set  ulF  such  iwv  S'«ry 
riyht  oi  u'mx.um*  I'XoeLMljiiiT  one.  liuriklrrd  ft**  I  in  v*  iltlj, 
for  r-ial  trHi-k,  ni»r  nii»r»'  llinn  two  acres  at  ati»J  fur  each 
<1r|i<it  or  iiMc'tiiif  sliop,  :ui()  t<il{c  and  ciitcr  upui  ihtt 
S-iin-,  ♦•ir  «iii'»i  purpose,  first  pavini^  or  (endfvin^i  to  t.|i6 
owiinr  or  own*  rt  t(ifr«'of  or  tlit  ir  n^f^nt  tliM  anuMin*  nf  the 
c)tfin4|(«'4  nvvtrdid  by  tlie  court  or  tiibiinHl  8^!if^<^M*^  Hod 
COfHlfinnitijr  lie  SHUif-;  wliirli  H<i><t":<<ai4'nt  Hii<i  coii'U  imia* 
tioii  III.1)  hf  liitd  in  flif  sanif  in  inix-r  and  tornt  »><  piM\,.(ed 
in  Mil  fifl  t'l  Htiifnd  t!o*  \aw  condf  tnnint^  tin*  ritiit  (,(  ^vay 
for  pijrp  I'Jes  ol  i.itrrnal  im,»rovf  »r.etit,  approvtii  Juin    :22Jj 

^  7.  Til*'  .«!f»ld  raiiroH  !  line  inny  be  dividi  J  ini'i  m  ven 
9Rcii<tri^,  or  di\  i<i<Mi<-',  to  w\  :  All  that  purtioo  (•<  liie  line 
|\iii'^  ^ii'l  liii'atr"!  b»-iwetMi  rlie  c  tv  of  S.iimiiti"  id  .mi  the 
t'**<i  of  Pirrt4><iit  P  a  ti",  «li;«ll  t»e  k'lown  a^  tin-  III"*  •'i\  I-  ion. 
AH  tfiHf  piili'iii  of  tlie  liiir  loent»  (I  iifi*!  Kit>^  lo't\\i  -ii  the 
WfiU-tii  riol  III  r|,i-  first  Hiid  tlie  town  J;f  Vu^i^ii  ••'  .<'l  be 
knuwri  •*  ttif  fecund  (Jivisi. HI.  A  I  f  liat  porliuii  of  '!.•  line 
l\iin^  tit'iwfi-n  tbf  ui'<ttiTn  iiid  ..f  tht;  si-eoinl  mikI  f  •.  city 
«»f  ii' urditiiwn  «hHll  tM'  ilie  tl.ird  iliviMiop.  AH  »l..<f  por- 
ti'»ti  •••  tti«»  'iii»*.  liiCHtid  iiiid  Ivirjr  liifwiMi  I'l'  ^.  '»ril 
Mid  of  (li»-  tliird  .411  I  (to*  tiiu'ii  lit  Uiis|,\  ijlf  sIimII  !,•  |  •  .,  <  n  an 
tb^  t.iii  rli  fliVMi  .||.  All  tli.it  portion  of  llie  lit..-  l.ntHed 
■  lid  l>ini»  h.  twffn  tlo*  wi"»t.iii  •nd  «  f  ibo  Ion.  i.  >,,,,l  the 
liiitf  of  ibf  N  iribfiit  Crosi  railroad  «IihI|  be  kfMix^-ri  i\<  the 
fiMli  diki4i.>ii.  All  tbtti  f).irfj«Hi  o|  tbr  Imr  Ufi,,,r  m,,]  \\\ng 
bxiw-fiMi  tlif  N  iflbi-rn  Cro<<<  railiiad  himI  tlie  i...-  .i  ..i  Car- 
lb  i^**  *b.»lt  b««  kiiou'ii  iM  iliH  nixili  dni^jon.  A'  I  «!l  that 
piiriioii  of  ibc  iifie  from  C!Mtb>«j»e  f,i  tlic  Mjj^i^.,  ,i  nxer, 
opp.iMlf  ft!.,  city  of  K»'.»lt«iW,  Miol  to  \V*irJ.«'.  v'  I'Ibe 
l(ii.i«t.i  •<  |ti«i  4Mv»fit!i  divitinii  III  Sciid  .S,»riii[»li.  I.',  Iv.  .  kulc 

and  W.ir^mw  rniir  Md.      And  it   <IihII  be'biwfnl  to   r ive, 

c.tllri-r  Mil  i  tip,.r'*piMl«'  til"  ^u'n.TiptionH  inadi-  i..  mi  !  for 
•  ti«  i»f  lliH  «#-p4r4t>- Jn-Mi.iiM  of  t^id  ro.id  to  Hi*-  i-.>  litio- 
tioM  if  tbf  aiixcMl  diviion  upon  ;iii<l  to  wliicb  if  i-  oi  tnay 
!•»•  fii<4«l*>,  «r  lo  •nd  upon  any  two  or  in  ire  of  HHid  divi  ;on!l 
lik*'«»i«r. 

J  H,  ((  %!mI|  bf  l.i  •  fill  Tir  Hny  conntv,  cif'  m;  »M,vn» 
ihroii^h  ur  fit  -m'.u-U  Hii^  liio*  of  loHrl  niiy  p*-*^^  I"  "tice 
ft'i  I  •!!  M.:r  ^t  u:\i  .li  4  lid  ro  nl  or  culirr  ...■«  or  noirt 
djvuitffM  ti>'  ,    uid  tu  boirow  niuiiiy  or  ivfi i.    -.or- 


4»     k~«  «•      (a 


/323  1857. 

noralif  bomls  t»  pay  ?ai«l  <:ul)'?f'ri|»li.>n!»,  In  ^iiclt  siiio  or 
suiii^,  not  t' ss  lliHii  live.  I  uiMlnd  ilollHr>  «  acli,  atxl  intke 
the  >rtiii»-  iimnmIi!*-  ai  hi)  place  williiii  ur  wnlupiii  ili»-  MiiiH, 
at  siifli  Ifiiu'li  {ii  ti  :ir  aii«I  al  Micli  ratf  n\  iiit"ipst,  i  ot  ♦  x- 
cee<liiii»  lite  rati-  ul  I*  ii  p.  r  mit.  pi-r  aniiiiiit,  as  tli»\  imy 
find  «  Xjl^'^ii^•lll  an:l  «l»-eui  best;  whicli  bon(i<  iriav  lie  iii<«ile 
tidii^tei  a  ile  iiii.i  iiet,(it  i.il»lr,  and  in<i\  be  sold  lor  vn«  b  |uife 
as  may  be  f<gi<  »'«l  lipnti;  wliii:li  ne^M'iHlion  nr  sale  or  sales 
Bball  bt;  a<  valid  and  biui'in^  a-*  iIkmi^Ii  tju  v  wer«  sob!  af  par 
value.  The  suSxcriptitiiM  aforesaid  to  be  first  aiifluMiZetl 
by  a  vote  o|' a  lIl^j^^lty  ot  the  voles  t-asl  by  the  lef»al  \o- 
teis  (f  ciilier  coniitN,  ciry  or  loui,  in  sane  inai  iier 
and  for  III  a>  providtil  i.u<>  pres.riMiO  in  an  art  au>b>ir. 
izinj:;  c.onitlies  an**  cities  tos'  bsi-iib  ?'«"'k,  ajtpioved  No- 
vember (jtli,  l84'.',  and  ibe  act  amend. jtoiy  tbereto,  ap- 
proved JSlareli  l-t,  18>1:.  Tite  said  rai!r.»ad  comp;iify  bi*- 
Jiig  also  heieby  an  |;oii;ct  d  tu  bori<  w  or  f'bei  u  ise  i-t  };<'fi- 
ate  lor  iiioiie> ,  iron,  rollin|{  s'oek  niid  other  inateiial  l«ir 
the  ConsU  iK'tion,  roiiipU  tioii  and  «  quipinent  ot  tloir  K^ad, 
or  any  portion  tberenl,  in  siicIimiiu  or  snins  and  upon  >ueli 
time  dii'l  ter.iis  as  they  niay  lind  expediin*;  and  lor  ibe 
full  p3\iiienl  ot  the  prineipal  aitd  the  annual  or  ^t  iiiianiiu- 
el  int  ■rest  thereon,  in  inainier  and  tr.tin  a^rt  ed  upon,  rot 
txeet  «!iiii»  Ihe  rate  of  t».ii  pt  i'  Cent,  jii-r  aiiniiin  interest, 
tlle^  shall  be  autliorizfd  to  •  xeeiite  the  hond'^  or  other  «i')- 
ligaii'-h^  ol  tbi!  eonipany,  and  execute  nioifj^t'^e  or  iiiort* 
pa^fs  o>  deeds  of  trust  on  liie  whole  or  any  portion  uf'said 
raiii oa<t  line,  '^iid  the  whole  or  any  |:orlion  of  the  privi- 
Itge-*,  pn»pertv,  tVauobi-je  and  iiiiinnni'iesi  o(  the  comjiaiiy; 
ajid  niH)  cni,(! ACJ^  lea^e  ora^ree  with  anj  other  parties  to 
e<j'i!p  and  operate  saiil  road,  or  an)  p  »rtion  v\  the  f-ame, 
as  Well  as  to  connect,  UT.ife  or  ci<?iso'iiiale  wi'li  any  other 
couipctny  or  railroad,  in  the  coii<>ti  net  it  ii  and  operation  of 
Ibeir  ruad  or  roads  or  any  pmii  «n  tii«iee!i  and  have  and 
Ciijiy  all  otlier  |)ri>  ib-^es  of  eonnec'ioi  and  const. lid;>iioii 
gi  anted  and  auilioii/.>  d  by  the  i>t  neral    laws    of  ibis  slate. 

^  \).  Ttti-)  coiiijiin)  air*  tli  ise  wiMi  whom  they  ni.iy  a^-  conso'idatto*. 
SDciate  shall  be  atilhor-z.  tl  To  unite  with,  connect  or  con- 
solidate with  any  raihoad  cr  railroads  appro  nhing  the 
Mi<sl>^ippi  river,  at  lv»okuk,  I  »wa,  or  opposite  Warsavv, 
lUinoi-;  and  they  slriH  iMve  lour  years  to  cuniinence  -"aid 
load  and  ten  je;ir<  tlfreatter  to  rom,»bte  the  same:  I^m- 
vii/ii/y  UiiO'  V  r,  llul  the  cotnpUtion  of  one  or  more  of  the 
divi'i'jii.s  iiforeSdi'',  within  tlie  lime  presciibrMi  lit  rti",  shall 
be  tiki-n  arol  considered  a  ompli'ince  wi  It  the  condition^ 
hareiii  rontaincd.  so  far  as  the  said  di\  i-^ion  or  divi>iuii3 
miy  extei.d,  an  I  secure  to  iIih*.  division  or  divisions  co.ii* 
pleietl  i{»e  fill'  power  and  bciu.fi. s  of  lili^•  a«  t  and  pe/p.iii- 
atiun. 


1.^57.  r>24 

5  10.  A'^v  person  or  persons  who  shall  wilirully  or  inft- 
licioiislv  obslrnot,  wastf,  n  niove,  ilrUi-»«  oi  othfi  wise  in- 
jure »r  drtinai»»*  «ny  porlitm  ol  the  |)r««;;i«'ss  or  jiropt'itj"  of 
tlii.4  company,  <hall  bo  p'lilty  of  a  niisdtinrunor  or  oiinie, 
and  lor  sm-h  tlama^r,  injury,  inisJ^-nieanor  or  crime  shall 
be  sevt-rallv  orj'iintly  'i.thlr,  in  an  action  ol'drbt,  to  hr  re- 
covrtcil  in  ihf  nauu'  ant!  lor  the  use  o  the  company  hrforo 
•  n\  jn-sficc  of  the  prai'c  or  court  of  rccorti  m  thi>  state — 
thf  :iMto<Mit  of  tlairapes  to  he  measured  and  t*.timated  at 
doiiMe  tin*  amount  of  the  damage  or  inj'iry  done,  with  the 
CO'Sts  and  expenses  of  suit  ;  and  they  shall  he  lurther  liable 
to  indiotnunt,  pu  ishment,  tine  anil  iinj>risonment  com- 
m»-n<'iraf »•  witli  .he  erimc  conimitt«'(l. 

^11.  Tlii-*  act  sh.ill  he  taken  and  refijarded  as  a  pui>lio 
•p:,  and  shall  be  liberall)  and  l>enelicip|ly  construed  in  la- 
vo"  <»f  the  company  for  the  purposes  herein  contained,  rnd 
sImII  be  in  foro';  from  and  after  its  passage. 

Ari'RiivKu  Feb.  lo,  1W57. 


v*»   IV  IM7        AN'  ATT incsrpor.itlr.j  the  Illinois  and  Soulhorri  Iowa  11  lilronil  Company. 

SnTri>N  1.  /if  it  niarfrd  fit/  the  jicopic  of  the  attjlp  of 
llUiunt^  rrprrsetiteii  in  ffie  (itiii'rnl  JJs'.\rinfi/i/,  'I'hat  San- 
f..'  '  .r  S  iiitli,  H.  \V.  Sample,  I).  S.  Hiij-liam,  John  E. 
J  •'<,  .Mdtitn  li.  Hunt,  Arfon-i  HuniltiMi  and  T.  J    Car- 

ti  i'-ir  d'^^oci.ites  and  successors,  are  hereby  made  and 

»••»  ^'r»»»«  ct  ».d  inio  a  biidy  corporate  and  c  xnpany,  under  the 
Dmof  Mild  !»t>le  '»f  *' The  lliinois  and  Southern  1()W.»  Riil- 
ron\  C  unpsny,"  or  by  such  other  n:iine  and  st}le  as  they 
in«y  lierPHfiep  nd  >pt,  with  perpetual  succession  ;  and  by 
fii'di  n.une  may  sue  and  be  sued,  pl*-ad  and  hr  impleaded, 
u«o  a  c»mfnf>n  seal,  which  may  b«;  altered  at  pleasure  ;  bo 
cap  it '|.  ,,f  receivinj^,  arfjniiin«r,  takin^j,  hohliii^,  u<ing, 
If-a'fi't'^,  si/lling,  m  irt^H^in;;  and  c.oiivr^in^  re.\|  and  p«'r- 
fonxl  «f«tate,  Mud  hdvi'  and  enj  >y  all  other  powers  ar.d 
privilejje*  iKual  and  now  granted  and  cxtt-ndtd  to  lail- 
f.ja'l  coinp)inii'4  by  tin-  u»neral  laws  «  f  this  state,  ap- 
prov»-d  February  '^ili,  lH.'»l,  ;.nd  tlieHJd  chapter  of  the 
•  t4iiilr«  entill»«I  ♦'Rl^ht  of  Way,"  and  the  auietuhnenln 
tb'Trto  for  condemnut^  the  rit'hl  of  w.iy  and  encouraging 
iiifeih*!  improvi-m>-iit-<. 

^[T^iTiJr  **"*  ^  '^*  ''^bn  Company  nhall  have  full  ])owers  and  author- 
ity t.»  fliirvcy,  locate,  relocate,  establisi  ,  bnil  I,  inai  itain, 
ri|'iij»  and  oprrate  a  railrfiad,  with  sjtiglp  or  dould-  truck, 
iiieli'lin^  all  tbe  n«-c»-4»ary  tiirii  outs,  flwilclo",  depoffJ, 
ftMiKMtii  iii|(|  otiifr  rM'edfnl  appurtenant  e.s.  Itom  tin*  city  of 
\V«(«4W,  Bt>'J  from  llie  i'<iiiterly  ulion;  ol  the   uiitin  channel 


525  1857. 

of  the  Mississippi  river,  oppnsifR  the  city  of  KeokiiU,  at 
Hainiltuii,  in  Iti*:  cuiimty  u\  Ilanooi'k,  Illinoi.s,  by  wii)  of 
Carthage,  in  said  roimiy,  to  such  point  on  the  line  oJ  the 
Toledo  and  Quincy  railroad,  at  or  between  Camp  Point, 
and  a  point  at  or  near  Cla)ton,  as  may  be  fouii<l  most 
expedient  and  practicable  fiir  a  connection  with  tin-  line 
of  said  I'oledo  and  Quincy  railroad;  for  whici  puipose, 
this  company,  their  officers  or  a^ent-',  are  hereby  nntl.oi  ized 
to  contract,  enter  ii|)on,  survey,  locate,  establish  and 
construct  their  line  of  r^^ilroad  and  appurtenances,  not  ex- 
Ceediii<;  in  general  width  one  hundred  feet,  with  and  the  ne- 
cessary grounds  for  depots,  stations,  machine  shops  and 
necessary  a|)purtenances  to  their  railroad;  and  should  iliey 
be  unable  .o  acquire  by  amicable  and  mutual  iigreenient 
the  necessary  right  of  way,  grounds  for  depots,  turn-outs 
and  other  necessary  a])pendages,  Irom  the  owners  thereof, 
upon  satisfactory  and  equitable  teims,  then  it  she'll  be 
lawful  for  said  company,  their  ag»  nts  or  otficeis,  to  jiro- 
Ceed  to  take,  lay  olV  and  cause  to  be  appraised  and  con- 
demned for  tlie  use  of  said  c<impaiiy,  sucli  necessary  right 
of  way,  grounds  and  estate  in  mainer  and  form  as  |)io- 
vided  and  prescribed  by  the  lawsot  this  state  encournging 
the  construction  of  railroads  or  other  internal  improve- 
ments witliin  this  state. 

§  o.  Tie  ca|)ital  stock  of  this  company  shall  i)e  one  c  ipitui  »twk. 
million  of  di;llars,  which  stock  may  be  increased  or  di- 
minished to  an  amount  equivalent  and  equal  to  the  entire 
and  true  cost  of  the  con- truction,  completion  and  ecjuip- 
mciit  of  said  railroad  and  the  appurtenances,  and  shail  be 
divided  and  represented  in  shares  of  one  hundred  dollars 
each,  to  be  treated  as  personal  [)roperty,  and  made  paya- 
ble, collectable  and  transferable  on  the  books  o(  the  com- 
pany, in  such  manner  and  under  sucii  rules,  regulations 
and  by-laws  as  may  be  prescribed  from  time  to  time  by 
the  board  uf  directors  of  the  company,  each  stockholder 
to  be  entitled  tu  one  vole  for  each  share  of  stock,  in  jier- 
son  or  by  written  j»roxy,  upon  which  the  amount  ot  in- 
Bta  Iments  or  oilier  dues  thereon  then  due,  are  paid;  and  it 
•hall  be  competent  and  lawful  for  any  and  all  counties,  cities 
and  towns  through  which  said  railroad  may  be  located  or 
terminate  to  take  and  subscribe,  in  their  corporate  ca- 
pacity, to  the  stock  of  said  road  or  any  portion  or  division 
thereof,  and  to  issue  their  bonds  or  other  obligations  there- 
for as  provided  by  law. 

§  4.  Tiie  business  and  affairs  of  the  company  shall  be  P"******- 
under  the  general  manaq;eiDent  and  direction  of  a  board 
of  seven  directors,  to  be  elected  by  the  stockholders,  an- 
nually, on  the  first  Thursday  of  June,  in  each  year,  at  such 
convenient  point  on  the  line  of  said  roa<l  as  may  be  desig- 
nated by  the  president  or  board  o(  directors  of  the  com- 


H57 


526 


i»«ny  i  of  wliii*h  e!ec»i.Mi  ihere  s^nU  Ju'  at  K'.i<?{  tliirty  (!«ys* 
ujti.j-  kjivrii  M  ll»«*  8»i»rkli<»IJers,  h\  j>nl»lioatii)u  in  ini»>  or 
tn.w**  iivW'»\»«>j»«*r'»  piiSliN'li»*il  in  tlu'  rontiij  or  rMinties 
thr  >iii{h  wliirli  .««  «l  rend  in  ^  v  ht*  !t»rHt»  il  («r  i'oiit»MM|t!rt*f  d; 
snui  ilfOll  •ii;«  to  h«-  In  111  tind  I'DneluiMr if,  liy  bnllni,  nndet 
till*  5U|K*r vi<iiMi  »>J  tlirtn-  or  mure  of  tlir  tliicotcis  in  Mioh 
oMtfi  |MMS  >iis  as  iiirt)  bv  by  t!ar  ftuoklioMns  Mirn  pri'si'tit 
ii{i|Mt:iiir4i  tor  that  |)Ur|)0!<f ;  air.l  tlie  ni.ijorit>  ot  hII  die 
%i.lf>i  ca>t.  at  s.iiti  elf otion  sli.tll  he  siitfirit-nt  t«  ilert.  Tlie 
board  of  di  rt'Ctot .«,  or  :i  nmjority  of  llirui,  to  li«v»»  ami  rx- 
crti<t«  full  piiwiT-*  to  :ntikt'  aiul  prci'rril  »'  all  iiee«it"ul  rn!rs, 
lr«;iilteit  >n4  an<l  by  laws  lor  t!ie  roinj)Hriy  and  llie  niana^e- 
lo«*i«l  ol  III*'  ati'.»irs  tlifiiAif  as  tliey  may  ilei  m  jiro|nM  and 
exji.  liifiif  ;  ami  slia!l  flfct  from  tbi-ir  imnibi  r  a  president 
ol  lilt  i-iini|i:in\ ,  as  well  as  appoint  u  seorotar},  lieasnrer 
•nil  Hii«  Il  mil.  r  neetltui  oHicers  ami  agents  as  llie>  may 
find  III  e.i'ssary  l.)r  I  lie  sii  ceessliil  traiisaition  of  tie  biiMnesS 
mid  iii'jeets  ol  l!ie  ci'>mp!Hiy,  anl  ma}  prescribe  tbe  ilulies, 
COinpeii<>t  i.ii)  and  (iiiiililu'dtioiis  tlieieror 

^  .').  I'tiis  eom|;in},  by  the  presuh-nt  nnd  board  of 
dirii'tirs  tl.i  ret)!,  sliall  have  power  to  iirjj;o(i.<tc  loans, 
Lorri>w  money,  cor.triKt  <lebts  anil  otiierwise  obligate  the 
cr»n  an\  in  such  fiini,  suum  or  nnnmer  as  tiny  uiaj  find 
cx,jc»iieiit,  not  exceeding  tlie  amount  of  tbe  nii]_'ai(i  ea]>ital 
stui  k  of  the  c'oinpaiiy,  ;iiul  tor  the  seenriiy  and  payment  of 
sueli  sum,  sums  ■  r  debts,  they  are  antlmiii  >-d  to  issue  tli8 
bond4  i»r  o>l:er  nbliirutioiis  of  (he  eoinpan),  in  sums  of  not 
\kh%  tiiMii  tivf  hundred  dollars  each,  and  make  tbe  same 
pa)tfble  in  sticli  manner  and  at  <;iioh  limes  xnd  place  or 
pUeeii,  in  or  out  ot  this  state,  with  such  rate  of  inti  rt  st,  not 
f  xc»-edin^  (eu  per  ci  nt.  per  ani.um,  payable  anx>uully  or  se- 
mianMUalty,  as  they  may  deem  hist  and  a^^iee,  and  may 
nioi  ii;<«'.;e,  U*a««'  or  ntbeiwixe  inrnmlier  and  ph  dj^e  hII  or 
rny  p  m  iim  ot  tlie  piopert) ,  tVrti.eiii^-e,  stock  ai'«l  (fleets 
ol  ine  company  lor  the  sec  iirily  ancl  piwneni  of  fJiieh  sum, 
■iims,  boiiMs  (<r  other  obli^atiriror  ail)  |.oitionol  the  samo 
thim  iie({otiated,  roiitraeti  (i,  issued  or  incut  red  bv  them  for 
till  u«e  of  the  company  ;  which  bond;",  obli^atiinis  or  d»  btf>| 
toj^eiber  U'ith  alt  niori^u^es  and  contracts  pertaining 
then  III.  ''all  bi«  hf'il  himI  bindirij^  npiui  the  rotnpary  aiiu 
the  paill-'^  t'  <reto,  ill  or  oiil  of  ilus  slate,  in  acconlaiicn 
with  tiie  tirm<  theprof. 

§  <•.  Th«  line  ol  road  of  thi'*  coin])any  may  b"  <li\ided 
into  t*o  or  more  »ectioii9  or  divisions,  and  they  may  re- 
CPicF  and  ippropriatp  Hubsr»iptio?iR  made  for,  upon  or  to 
eilfi»-r  one  or  m'»r«?  of  said  sectiims  or  divisions  of  raid 
road  rrtpecti\  nly,  in  accordanen  with   iho   terms   tloreof. 

5  7.  Thi<  company  may  unite,  eonnvct,  rontraet  or 
rofi«rdidatr  their  road,  or  any  portion  thereol  with  (ho 
Toledo  and  Quinry  rnilroad,  the  Nortliern  Cross  railroad, 


527  1857. 

the  III  si  .«:»'i  tion  or  western  «^ivisif»n  of  iIih  Mi«.«Is«ip|'i*  ord 
Waln>li  TiulioHjl,  «ir  any  f.(ii«i(>ii  ili»r«  <.(,  innl  w  I'li  il.t- W  ;ir- 
•  aw  HI. (I  IliH  kt'niil  lailiDi-.d,  In  in  Ili-niiltoii  to  Waisvw  nr 
witii  lite  r»iir<)H(ls  ill  Iuvvh,  ti-niiiiidi  ing  iii  Kfiik  ii  k,  (jT 
eill  »^i  or  bii}  oT  ill*  ni ;  Hid  IiitmilIi  |iiii|.i'.'e  ll  i>  trmjiHiy 
and  ilie  r«>jieclivp  pnnitsare  luliy  aiiiinii  iz(  (I  tn  (oiitiact, 
agr«  e,  roi.siimrnate,  as  ilie}  may  rietennii.e  nnd  fii.d  expe- 
dieiil  111  liciiMiitin^  aixl  pellet  (iig  sin  li  rniirie<liot  ?,  lim- 
ning iitr  .ii.^t  iiieiils  iir  »-4>i.S(ili«!ai  inis  f«  r  »  rcMiMml.s  line 
of  lod.!  Hiid  the  operHlinii  ilnieot  or  Hiiy  poilioti  cf  the 
sanic-  J  I'.e  road  fioin  llrtmilUm  to  Warsaw  to  Iv  coii- 
8tru«f»il  and  operated  as  other  porlions  of  the  ro«d  in 
HanetiLk  county. 

§  S.  1  he  persons  named  in  this  act  f^hnll  ron.^tini'e  the  ''j,"^i^^,°''[*  °* 
first  hoard  of  oireclors,  and  thev,  or  a  in.ijuiitj  nf  ilit-m, 
(liall  liHve  all  the  poueis  ami  act  as  such  until  iheir  mic- 
ces8ors  are  duly  elected  and  ({iinlified,  and  they  and  their 
sucressors  are  authoi ized  to  ojieii  or  cau^e  to  be  opened 
books  for  the  subscri|»tion  of  stock  to  this  compai  y  at 
sach  times  and  in  (Ur  such  rule>j  and  condilions  as  tlity 
may  <l«  em  expedient  and  from  tiuie  to  time  detiimine. 

6  '.».      Tliis   company,  their  succttssois  or   HssiL'iis,  shall  Time  of  j^jia- 
be  nqmreU  to  commence  ti<tir  loaa  uitlun  'wo  )»ijs  and 
com|*li.  »e  the  same,  in  whole  or  by  connections,  within  ten 
yeaj  ^  lioiu  the  passage  of  this  act. 

§  10.      This  act  to  be    liberally  construed  for  this  corn- 
pan  v,  a!»d  to  be  in  force  from  and  after  its  passage. 

Ae»'Kovi:t)  Feb.  lli,  1857. 


AN  ACT  to  incorpora^f^  thp  Qiincy    Aculpmy.  in  Mio  city  of   Quincy,  In  /cb.i3,l8yi. 
the  county  of  Adams,  aiiti  atiite  of  Muioiu. 

Skctcon   1.      I]€  ll  enacted  bj/  the  people  of  the  state  of 
Ji/in  >ts,  reiireaevtid  in  th  ■   Genenif  .hie     />///,  That   Jolm  Corpor.tot.. 
Wood,  Samuel  Holmes,  Willard  Ke%es,  Kl"j-«l    G'ovp.  Seth 
C.  S.ierinan.   R  )bcrt  S    litnnison,   Ilnratii)  F<iot,   Geoipo 
J.  King,  S.  ll.  Emery,  Win.  McLandlish.  J.  R.  Day  ton,  O. 
H.  Browning,  L.  Kingman,  L.  Bull  and  C.  A.  Savage,  and 
their  successors,  be  and   they   are  hereby  crtated  a  body 
politic  and    corporate,   to    be   stjlod   and    known    by    the  ^'^'•• 
nam  J  of  ''The   Trustees  of  the   Quincy   Academy,"   ami 
by  tint  name  any  style  to  remain  and  have  nc rpetr.al  suc- 
cession.    The    said    academy  shall   be    and   remain   in  or 
near  the  city  of  Quincy,  in  the  county  of  Adams,  and  state 
of  Iliiiiois.      The   number  of  trustees  shall   never  exceed 
fifteen.     The  board  of  trustees  shall,  at  their  first  meeting, 


wliicli  ii'i  ill  He  wiH»in  throe  moi\tli^  from  the  j)R«!sage  of 
\Uiit  Hit,  jirt»i:ee»l  to  llie  ori»aiiizA.iou  of  said  board  by  the 
rifotioi),  trim  thfir  nuinbfr,  ot  h  presidfut,  Sforotary  and 
tri"«s««rtT  ot"  SHid  boarii,  who  shnll  lioK!  their  i)rtir«s,  re- 
si»«i't»»el\,  until  the  stateil  aiiiiiitil  meetiiii»,  tht>  tiim;  of 
Wliuli  shall  he  li\ed  hy  the  h)  -  l»i\vs  4)t'  said  iii'^tit  iitinn  ; 
and  at  sail!  armUJil  mertins;  of  said  Irustees  the>  shall  j)ro- 
cee<l>  in  like  manner,  to  elect  from  their  number  u  piesi- 
dt-nt,  secretary  and  treasurer  of  said  hoard,  who  shall  hold 
their  olh<*es  lor  one  }ear  and  until  their  successus  are 
eleete-  and  qualified.  Tile  above  niiinetl  iiitlividuals  shall 
constitute  the  board  of  trustees,  who  shall  fill  vacancies 
as  hereinafter  provided. 

^  J.  Tbe  «)bject  of  said  corporation  shall  be  the  pro- 
motion of  eilui'ation. 
f-  ^  o.  The  eorpoiato  |M>w(r3  hert  by  bestowed  shull  be 
sucli  O'dy  as  ;ire  essential  or  useful  in  the  attainiui  nt  of 
said  object  aioi  such  as  are  usually  conferred  on  sintiiur 
botlies  corporate,  to  wit :  To  have  perpetual  succession; 
to  make  contracts;  to  sue  and  be  sued;  to  plead  and  be 
im|»!eadpd  :  to  grant  and  receive,  by  its  corporate  name, 
and  tt»  do  all  other  acts  ai^  natural  persons  may  ;  to  accept, 
acquire,  purchase  or  sell  properly,  r«al,  personal  and 
mixed,  in  all  lawful  ways;  to  ii.e,  employ,  manage  and 
dispose  of  all  such  piopeity  and  all  money  belongine;  to 
Said  corporation,  in  such  manner  as  shall  seem  to  the  trus- 
teed best  adapted  to  promote  the  object  before  mentioned; 
to  have  a  comin-'n  seal,  and  to  change  or  alter  the  same  at 
pleasure;  to  niiike  all  nerdfnl  rules  and  by  laws  for  the 
regukti'-n  of  snid  institution,  suih  as  are  not  inconsistent 
with  lh«!  lawj  and  con  titution  ol  the  United  States  or  of 
(his  {«tate  ;  to  confer  on  such  persons  as  may  be  considered 
woithy  such  lionorary  degrees  us  are  usually  conferred  oy 
ntniilMf  iiMtitntions. 
■•*•  5   1.     Tlie   trostees   shall   have   ajitiiority,  fiom    lime  to 

time,  to  prescribe  the  course  of  stiidj  to  be  pursued  in 
f  did  seminary  ;  to  fix  the  rate  of  tuition  and  other  Semi- 
nary expenses  ;  to  appoint  the  princi|)al  or  prioci|)als  of 
the  institution,  and  such  other  instructors,  officers  and 
agents  as  may  be  reeded  in  'he  nianagi'men*  of  the  con- 
n-iri"!  of  the  institution;  to  d«tlne  their  duties,  powers  and 
employmj-nts  ;  to  fix  thrir  compensation  and  to  <lisplace 
or  r*^m<)\c  the  princijials  or  any  of  the  instructors,  ofhceri 
or  agentfl,  a«  said  trufteei  shall  deem  the  interests  of  said 
frrninary  fliall  require  ;  to  fill  all  vacancies  in  the  hoard 
of  initruc-.ton  and  among  tlie  officers  arid  agents  ;  to  erect 
fititabjp  and  nccesKHry  biiilding><,  piir(*liase  hooks  and 
chrmical,  philofophical  and  other  appiralus  and  other 
fiiitabin  mean*  of  instruction  ;  to  put  info  operation  such 
rules  and  regulations  [for  the  general  managetnent  of  tha 


629  1857. 

affiir?  of  the  seminary  and   for  the  rec;ulation]  of  the  con- 
duct of  the  students  as  they  nijiy  deem  rif^ht  and  proper. 

§  0.  The  tru'^tees  shall  faithfully  apply  all  fiunls  hy  Fund*. 
tluMH  collected  or  hereafter  to  be  collected,  aceording  to 
their  best  jiid«»ineiit,  in  erecting  suitable  build  in^^-^;  in 
supjiortini^  the  nece<!3ary  instructors,  officers  and  ajrents  ; 
in  purchasing;  booU-^,  maps,  charts,  globes,  philosophical, 
chemical  and  other  apparatus,  necessary  to  aid  in  the  jiro- 
motion  of  sound  learning  in  said  institution. 

§  (>.  Any  donation,  device  or  beque'^t  made  for  special  Donatiom,  &«. 
purp'j'^e^,  in  accordance  with  the  objects  of  the  institu- 
tion, if  tlie  trustees  shall  accept  the  same,  shall  be  frtith- 
fully  and  trtily  applied,  in  conformity  with  the  express 
condition  or  conditions  of  the  donor  or  devisor.  The 
lands,  tenements  and  hereditaments  to  be  held  in  perpe- 
tuity, in  virtue  of  this  act,  shall  not  exceed  one  thousand 
acres,  ami  the  value  of  the  whole  property  of  the  institu- 
tion, real  and  personal,  shall  not  at  any  lime  exceed  five 
hundred  thousand  dollars:  /''roivV/er/,  Ao/^v/vr,  that  grants,  Pru»H». 
donations  or  devises  in  lands  which,  from  time  to  time, 
may  or  shall  be  made  to  said  corporation,  may  be  held, 
for  the  term  often  years  from  the  date  of  such  ^rant,  do- 
nation or  devise  ;  at  the  end  of  which  time  the  said  lands, 
over  and  above  the  af)renientionud  one  thousand  acres, 
shall  be  sold  by  the  cor[)oration  ;  and  in  case  of  neglect 
to  sell  said  land,  so  donated  or  devised,  shall  revert  to 
the  original  donor  or  devisor  or  to  the  lawful  heirs  of  the 
same. 

§  7.  The  treasurer  always,  and  any  other  officers  and  omcert  to  gi»<» 
agents  of  the  institution,  when  re(|uired  by  the  trustees, 
shall  give  bonds  for  the  security  of  the  corporation,  in  such 
penalty  and  such  security  as  the  board  shall  approve  ;  and 
proce-is  against  said  cor[)oration  shall  he  hy  summons,  and 
service  ol  the  same  shall  be  by  leaving  an  attested  copy 
with  the  treasurer,  at  least  thirty  days  before  return  day 
thereof. 

§  M.     There  siiall  be  two  de])artments  of  instruction  in  Two       (iep»rt- 
said  institution,  male  and  female,  and  they  shall  be   kept    '"^'"*" 
entii-ely  separate,  both  in   study  rooms  and  in  recitations, 
but  tliey  may  be  assembled  together  for  devotional  exer- 
cises or  for  hearing  lectures.     There  shall  ever  be  recog- 
nized in  this  institution  the  truth  and  the  divine  authority 
of  the    christian    religion.     Reading   the    scriptures    and 
prayer  shall  be  a  diily  exercise,  whenever  the  seminary 
is  in   session.     No   profane  or   intemperate   or  otherwise 
immoral  person  and  no  professed  disbeliever  in  the  truth 
of  Christianity  shall  be  employed  in  any  department  of  in- 
struction in  this  institution,  n<>r  shall  any  such  jierson  be 
eligible  as  trustee.     In  all  the  different  departments  of  in-  opon  to  *m  4». 
struction,  the  academy  shall  be  open   and  free   to  all  de-    '""°1"'»«p* 


—56 


:isf.7 


530 


nonu»atiot)<:,  mul  tlu'  pruf'Ssum  of  any  r«Ilm"(nis  faith  shall 
ijol  be  ri'c|iiirt'il  in  onlt-r  ti»  Wilinissioii,  but  tliost"  stiuit'iits 
who  are  iole  or  vioiims  ami  whose  ci)nv»rsHtu>n  is  profnne 
or  t>  lids  III  any  inHnner  to  coriii|it  the  iiuikI  shuU  not  be 
alUiweil  to  rt'inMiii  in  the  institution,  h  shall  b«  the  duty 
ot*  the  |irinei|»«l  or  jirineiprfls  to  deliver  or  cause  to  be  de- 
livered, duiing  eaili  aeadeinic  >eHr,  at  least  five  puhiic 
lectures,  oil  some  Si  i«  nlihL'  or  literary  subject,  which 
sh.ill  be  free  to  tlie  public. 

*MM< M*Hii«it.  ^  *,>.  The  trustees  of  said  institution  shall  hold  at  least 
one  stated  annual  ineetint; ;  the  time  of  such  meeting  to 
be  tixetl  by  the  bylaws  o(  said  corporation,  due  noiice  of 
whnh  shall  be  liiveii  in  two  public  jiapers  in  the  city  of 
Qmncy.  'I'hey  shall  also  hoM  such  other  speciiil  nieet- 
iiins  as  the  boaid  may  <leein  necessary.  A  majority  ol  tlio 
intinlters  for  the  lime  being  shall  constitute  a  quoiuui  for 
the  iransactioM  ot  all  business,  excepting  in  tlio«e  cases 
psrticularlv  excepted.  SliouM  tln-re  be  at  any  time  a 
iii«-fiiiig  <»l  an  msutiicient  number  to  constitute  a  (juoruin, 
tin  y  shall  have  power  to  adjourn  from  day  to  day,  or  for 
any  .onger  period,  until  a  quomm  he  had.  It  shall  bo 
lawl'i.l  for  the  president  of  the  board  or  any  four  trustees 
of  the  iiistituti«>n  for  the  time  being  to  call  a  mc«  ting  of 
the  boaid  of  trustees,  whenever  he  or  they  may  dcMii  it 
expi«lient,  by  giving  due  notice  of  such  mcrting,  by  per- 
gonal service  or  by  pul)lication  in  any  two  newspaj)cr«  as 
•  foresaid.      The  said    board  of  trustees  shall    have    power 

wmt%9fir*,    b  w  to  fill  all  vacancies  th.^t  may  occur  in  the  board,  either  by 
****■  death.    re>«igiiation   or   otherwise,    at    any    regular    annual 

meeting  called  b)  Said  board  ;  to  r«  move  or  displace  any 
me'iitier  of  5Hid  board  who  may  at  any  time  become  dis- 
atiled  or  iii<ii|iialilied  in  anywive  to  meet  with  or  do  htisi- 
ine«<  with  t-unl  Ixiard,  or  who  shall  neglect  or  refuse  to 
mret  ■ii'l  nil  with  said  board,  or  who  shall  be  guilty  of  dis- 
lion«»rable,  vicious  or  criminal  conduct.  y\t  the  time  of 
an)  "iich  removal  the  said  hoard  shall  endr  upon  their 
journal  ttie  caii«.e  <tt  such  removal.      In  all  cases  of  fill.ng 

nw.'««  yy  *>»:•  vacaiiiMeii  in  the  board  the  eliclion  .shitll  be  by  ballot,  anil 
'**'  the  vote<  of  two-tliird.4  ol  ihf  members  of  the  board  for  tliH 

time  being,  nhall  be  neces!»ary  to  elect  any  new  member. 
It  kIihII  rir|iiire  the  asfient  (f  a  majority  of  the  whole  num- 
ber of  tru.Htei-.H  to  elect  and  fix  th«-  -ahiry  o(  the  principal 
or  principal.1 ;  to  fix  upon  the  perrnanent  site  or  sileH  of 
the  iiistitutif)n  ;  to  alienate,  sell  or  convey  its  proj>erty,  or 
to  till  any  vacancy  in  the  board  of  te  tchers.  And  no 
teacher  in  tliii  institution  nIihII  be  eligible  to  the  office  of 
trutte»». 

tf  10.     Thi*  act  iihall  he  a  publin  net,  and  fihall  bo  in  forctt 
from  and  after  its  passage,  and  hIihII  he  liberally  ccmntrued) 
in  all  courti,  for  the  piirpoiei  hereinbefore  expiesse.d. 
Armovto  Feb.  lii,  IHrj. 


531  1857. 

AN  ACT  to  incorporate  llie  town  of  Vormont,  Feb.  13,  issi. 

Skction  1.  Be  it  enacted  hi/  the  peojtie  nf  the  afate  of 
Illinois^  i'ej>resenfi(/  in  the  Gene/iil  ^'is^einh/t/,  TImI  the 
iiiliat)it;iiits  Hiul  residents  of  the  town  ot  V«  riiiont.  in  the 
county  of  Fulton,  are  hereby  constituted  and  decUr* d  a 
boily  cor})>»rdle  and  |)olitic,  by  the  name  and  stjie  of 
*'Tne  President  and  Trustees  of  the  Town  of  Vermoi.t ;"  B"iy  pontic  aud 

III  I       1 1     I  I  1      cwrpu'ttlO- 

and  by  that  name  shdil  have  j)er|»etiial  su<ce5isn»n;  and 
m.iy  have  and  use  a  corporate  or  common  seal;  have 
power  to  sue  :ind  be  sued,  plead  and  be  impleaded,  in  all 
courts  and  places  where  justice  is  a^*niinistered,  in  all 
actions  whatever;  to  purchase,  receive  and  hold  property, 
both  real  and  personal,  in  said  town;  to  purchase,  t*-^vt  ive 
and  hold  propert),  both  real  and  prrsonal,  beyond  the 
limits  of  said  town,  for  burial  groiinds  and  other  pu*>!ic 
purposes;  to  sell,  lease  and  convey  propeity,  real  and 
personal,  for  the  wsi*'  of  said  town;  to  protect  aiid  im- 
prove any  such  property,  as  the  public  ^ood  may  reCjuire. 

§  '1.  The  boundnries  of  the  said  town  shall  be  a-  fol-  BcundariM. 
lows:  Beginning  at  the  soutiiv-e^t  comer  of  section  ll.iity- 
one.  Ml  townsliii  four  north  of  the  base  line,  one  east  ol  the 
fourth  principal  meridiar,  and  running  thence  east  to  the 
southeast  corner  of  the  southwest  quarter  of  section  thirty- 
three;  thence  north  to  the  northeast  corner  of  the  southwest 
quarter  of  section  twenty-one;  (hence  west  to  the  northwest 
corner  of  the  sou tii  west  qua»  ter  ol  section  nineteen;  thence 
Boutli  to  the  jdace  of  beuinninp. 

§  3.  The  government  of  said  town  shall  be  vested  in  Govcruiaeni. 
a  president  and  four  truste»  s — the  said  trustees  to  be 
elected  annually,  by  the  qualified  voters  oi  said  town; 
and  no  person  shall  be  ^  trustee  unless,  at  the  time  of  his 
election,  he  shall  have  rcjided  in  said  town  for  the  S|  nce 
of  six  months,  twent)  one  jears  of  a(i;e,  and  a  citi?,*  n  of 
the  United  vStates;  and  uj)on  his  removal  from  said  t<  wn 
he  shall  vacate  hi«  office. 

§  4.  The  board  of  trustees  shall  determine  the  qu.ili-  TnmteM. 
filiation  of  its  own  members,  anil  all  cases  of  returns  and 
elections  of  their  own  body.  A  majctrity  shall  constitute 
a  quorum,  but  a  smaller  number  may  adjourn  from  dny  to 
day  and  compel  the  attendance  of  absent  members,  under 
Buch  pen  ilties  as  may  be  prescribed  by  ordinance:  shall 
have  power  to  determine  the  rules  of  their  own  proceed- 
ings, punish  a  member  for  disorderly  conduct,  and,  with 
the  concurrence  of  two-thirds,  exjiel  a  member. 

<5   .).      The   presid»'nt    and    each    of  t!ie    tni'^'tees    shall,  i»t*.! 
before  entering  upon  the  duties  of  his  office,  take  an  oath 
to  perform  the  duties  of  his  office  to  the  best  of  his  knowl- 
edge and  abilities;  and  there  shall  be  at  least  one  regular 


1S57.  532 

moi'ting  of  said  trustees  In  rnrli  inontli,  at  such  times  and 
itUoes  as  may  be  j)rescribeil  by  ordinance. 

vc- ..  ^  :.»:;!.  ^  ^'-  Ibf  boundaries  t^t"  said  town  as  herein  dt  fined, 
or  as  luiiy  be  bercaller  defined  by  ordinance,  sball  consti- 
tute u  district  for  the  election  of  one  Justice  of  tli«']"eace 
and  one  town  constable,  who  shall  be  elected  by  the 
quttlitied  voters  of  said  town,  at  the  same  lime  and  jtlace 
at  which  th«'  trustees  are  elected;  and  the  said  justice  {>f 
tht*  peace  shall  ^ive  l)oud  ami  qualify  as  other  justii-cs  of 
the  peace  are  lequired  by  law  to  do;  and  he  shall  be,  (X 
ojljlcio^  president  of  the  board  of  trustees,  shall  have  the 
right  to  give  the  casting  vote  in  case  of  a  tie,  and  shall 
possess  tl»e  same  cjualificatious  us  are  rc(juir«'d  of  a  trus- 
tee by  t!ie  third  section  of  this  act,  iiiid  il  he  shall  rtmove 
from  said  town  his  otfice  shall  be  \acated, 

t,^.  ^   7.     If  two   or  more  persons  shall   receive  an    equal 

number  of  \  otes  for  the  office  of  justice  or  constable,  the 
buard  shall  proceed  to  determine  the  same  by  lot;  and 
all  conttsted  elections  shall  be  determined  as  prescribed 
by  ordinance. 

B«.-..i3.  ^  8.     On  the  fust  Monday  in  the  month  of  April,  A.  D. 

18')T,  and  the  first  Monday  in  Apiil  in  each  year  tbeieaf- 
ter,  an  election  shall  be  held  in  said  town  for  one  justice 
of  the  peace,  one  town  constable  and  four  trustees  as 
aiori'said,  who  shall  hojtl  their  ctfices  for  one  year,  and 
until  their  successors  are  elected  and  (jual  fied;  which 
first  eleetion  shall  ctmunence  at  ten  o'clock  in  the  foie- 
noon,  and  close  at  four  o'clock  of  said  day;  and  any  two 
of  the  present  trustees  shall  be  judges  of  said  election, 
who  shall  appoint  their  own  clerks,  receive  and  canvass 
the  votes,  dtclare  the  result,  furnish  to  each  of  the  per- 
sons circled  a  certificate  of  his  election,  ctrtify  the  votes 
for  justioo  of  the  peac«'  to  the  cli-ik  ol"  tlie  county  court, 
pnd  lay  the  poll  books  of  such  election  befoie  the  heard 
at  it<t  first  meeting.  All  subse(|ucnt  elections  shall  bo 
held  anil  coiwlucted  and  returns  made  as  may  be  pre- 
fcribcd  by  ordinance. 

{  \).  All  flee  white  inliH!iitants  of  said  (own  shall  bo 
entitled  to  vote  for  town  ofhci  rs  who  are  qualified  to  vote 
for  »ta(i:  otficerji,  and  who  .••hall  have  resided  in  said  town 
one  month  next  hefon;  such  election. 

§  10.  The  president  and  trustees  shall  have  power 
■nd  authority  to  levy,  assess  and  collect  a  tax  upon  all 
tirupert),  real,  p«  r5onal  and  mixed,  in  said  town,  which 
IS  now  or  ma)  In naflcr  be  mhjccl  to  taxation  /or  state 
or  county  puipOMit,  not  exceeding  one-half  of  one  per 
centum  per  annum  upon  the  assessed  value  thereof,  and 
inav  assess  and  enforce  the  collection  of  the  same  by  any 
orc]inaitce«i  not  repugnant  to  tin;  constitution  of  the  Uni- 
ted States;  or  the  laid  trustees  may,  if  they  think  proper 


533  1857. 

so  to  do,  by  ordinance,  adopt  the  annual  assefjsment  made 
of  the  property  in  s.tid  town  by  llie  township  assessor, 
and  cause  the  same  to  be  collected  by  the  township  col- 
lectjr. 

§  11.  If  the  president  and  trustees  of  said  town  shall  AMowncm. 
determine  to  adopt  the  assessment  made  by  the  authority 
of  the  sfate  and  county,  they  sfiall  give  to  the  cleric  or 
other  officer  whose  duty  it  is  by  law  to  extend  the  tax  by 
existing  hiws,  notice  of  their  intention  so  to  do;  which 
notice  shall  be  a  cipy  of  their  record,  and  also  the  rate 
of  taxation;  and  upon  the  recei|)t  of  such  notice,  the  said 
(ax  sfiall  be  extended  and  collected,  and  its  collection 
enforct>d,  in  the  same  manner  as  other  revenue.  The 
cl^  rk  and  collector  shall  be  allowed  the  same  compensa- 
tion for  services  under  this  act  as  are  allowed  them  for 
similar  services  under  the  revenue  laws  of  the  state: 
Pruri(/c(/y  that  nothin|»  contained  in  this  act  shall  be  so 
construed  as  to  prevent  the  said  corporation  from  pro- 
vidiui;  for  the  assessment  and  collection  of  such  taxes  by 
ordinance. 

^  12.  The  said  board  shall  have  power  to  appoint  Town omccr*. 
svich  officers  as  may  be  judge«l  necessary  f<ir  carrying 
into  effect  the  jiowers  conferred  uj)on  said  corporation  by 
this  act,  and  to  require  them  to  give  such  honds,  with 
such  security',  and  take  such  oaths  as  may  be  jtidged 
necessary  to  in«;iire  a  faithful  performance  of  their  res[)ec- 
tive  duties,  and  shall  have  power  to  appropriate  money, 
and  provide  for  tlie  payment  of  the  debts  and  expenses  of 
the  town. 

To  make  regulations  to   secure   the  general   health   of  Hoaitii. 
the    inhabitants    of  the   town,   to   declare    what    shall    be 
deemed  a  nuisance  and  to  prevent  and   remove  the  same. 

To  open,  abolish,  alter,  widen,  extend,  establish,  grade  streets. 
or  otherwise  improve  and   keep  in  rejiair,  streets,   alleys 
and  lanes  in  siiid  town,   and  erect,  maintain  and  keep   in 
repair  bridges. 

To  provide  for  the  erection  of  all  needlul  buildings  for  pub  ic  buiidioKi 
the    use   of  the    town,   at»d  to   provide   for  the   inclosing, 
layin^T  off,  improvivT  an  1   reg  lUting  all  public   grounds, 
squares  and  burial  grounds,  belonging  to  the  town. 

To    license,    tax    and    regulate    aucti<»neers,    peddlers,  i.i  on^p. 
broker-?  and  money  changers,  but  not  to  license  the  salt 
of  intoxicating  drinks. 

To  license,  tax  an  1  regulate  theatrical   and  other  exhi-  sh.,ws. 
bilious,  shows  and  amusements. 

To    restrain,    prohibit    and    stippress    tippling    houses,  ni-«t<icriy  how>- 
dram    sh>p^,    gaming    houses,    bawdy    houses    and    other    *  ' 
di.siirderly  houses. 

To    provide  for  the  prevention  and   extinguishment   of  rirc». 
fires,  and  to  organize  and  eitablish  fire  companies. 


lSo7.  t>^l 

»•-*"- X.  To    rt'puUto     |>»ttiti«'ii     f»iir«?,    j)|,,]    ji(i\i»'»>    lor    llie 

inj»}ectn>ii  himI  wtiyliir^  (t  Iihv,  i;raiii  aid  slin.f  (d^I,  Hi>d 
|"iir  'lie  ujfHMn*  in«  it  oi  W(»iul  and  liu-l  to  hv  used  in  said 
town. 

c^ ,-,P  T»   provide*    Jitr   takini;  the   tMiunu-ration  of  llio  inliabi- 

tan*'<  ui   SHid  i<>wn. 

To  r«^u'a'e  llii*  tUftion  of  town  ollims,  d«  fine  tlnir 
diitii  <>,  Hiid  |tr<«\i«i«'  lor  the  itino\al  ol  any  jieison  Lohling 
an  olfior  nndt-r  il  r  oM.'inai'Ct'S. 

titm.  To   fix  ilif   l«  <  s  and    ron)|)rnsalion  of  all   town   r-tfuM  is, 

jiiri>rs,  witnes**?!  Hn«l  ntlieis  lor  soivii-ts  it'iidtTed  under 
XU'i*  act  or  an\  oioinanoe. 

,.,^,  To  inijiosr  liiu  s,  pinallies  and  foilVihins  for  tlit-  hrtach 

of  any  »)rdinant'r,  and  to  provide  lor  tlie  recovery  and 
uppro|iriatioi>  (•!  sin  li  tini^s  and  lo^|iiulIe^,  nnd  tliu  eu- 
fort'finent  ol   su<li  junaities. 

TMta%*    »»»»i-       To    ptexeiit    the   encninberinc    of  tlie   streets,  scjnnrffi, 
'*"'^"  lanes  and    all«\s  ol    said    town;  to  prot«et  sliB»'e  tree^,   to 

compel  person<)  lo  asten  liorst  s,  mnles  anti  other  aniinais 
a't.tidied  to  veliieli  s,  while  standing  iip(-n  any  scjuure, 
Street,  lane,  alley,  or  inch»si  d  lots;  to  pnvent  the  rnii- 
nini»  at  larg»  o*  l.ois«s,  cattle,  ho^s,  sheep,  or  animals, 
and  provide  for  distrhinin^  »iid  imjionnding  the  same,  and 
to  pro\  ide  lor  the  sale  ol  ilu-  same  lor  an}  j)rnalt}  inciir- 
»-ed,  and  to  impose  penalties  upon  the  owneis  of  any  of 
swell  anim.ils,  lor  the  \ioldtion  ol  any  oidinanee  in  rela- 
tion thereto. 

y^.  To  prev«»nt  the  running  at  large  of  dogs,  and  to  provide 

for  the  destriirtion  of  t!»e  same  when  running  at  large 
contrary  to  or<iinHnci'. 

I'o  prevmt  the  fiiinp  of  s(|iiins,  loil.jts,  gun*',  or  other 
Conihii9ti6le4  or  fir»-aim-°,  within  the  limits  ol  >aid  town. 

&  I'i.  The  president  and  hoaid  ol  t;  nsti.es  shall 
have  power  to  make  all  ordinances  which  shall  he 
necessary  and  pr«>per  for  C8rr}ing  into  execution  iho 
powers  speeififd  in  this  act,  so  that  snrli  ordinances  shall 
not  h«'  n-pugriHiit  to  (he  constitntiin  of  this  state  and  uf 
llie  I'liiled  State''.  The  style  of  the  oidiiiaiices  of  tho 
town  shall  he:  '•//<■  t/  nxiclnl  hi/  Mr  PnsulciU  itiid 
Trunlrrn  of  tlir  Ttnrn  nf  I't  riiiont'y^  and  all  orilinancea 
fhall,  within  one  week  alter  they  are  passed,  he  |)uhlish('.d 
In  a  itewtpaper  priiiti-d  in  said  town,  or  if  no  newspaper 
be  printed  in  said  town,  hy  posting  eo|iies  ol  the  same  in 
four  public  pl.iees  in  said  town,  and  the  certificate  ol  tho 
ptiblialieffl  of  Hiich  new<(|>Hper,  or  of  the  cleik  of  tho 
boar<l,  under  thi;  Heal  of  the  corp  iration,  8hall  be  jirinui 
farie  eiidencf*  of  such  publication.  No  urdinancu  f<hall 
take  I  n<-ct  until  pnbliihed  an  aforecaiii. 

^11.      All   ordinaneiH   may    he    proven    hy    the   seal    of 
the    town,    and    when    printed    or    published    in    hook  or 


535  1857. 

pamphlet  form,  and  purpnrtir»pj  to  be  prifited  or  published 
by  authority  of  the  corporation,  the  same  slinil  be  r»ceiv- 
ed  as  evidence  in  all  courts  and  plaros  without  further 
proof. 

§  15.  The  president  of  the  board  shall  preside  at  all  President 
meetings  of  the  board  when  prest-nt,  and  in  c  ise  of  his 
absence  at  any  meeting  the  hoard  may  el^'ct  a  temporary 
chairman.  He  shall  at  all  times  he  vigilant  in  enforcing 
the  laws  and  ordinaiices  for  the  government  of  tlie  town. 
He  shall  iiisjiect  the  conduct  of  jill  suhord . nates;  juid 
cause  nei^jliiierice  and  willlul  \i(dati«>n  <if  duty  to  he  join- 
ished.  He  shall  have  power  and  auihoriiy  to  call  on  all 
male  inhabitants  of  said  town,  over  the  nge  of  eighteen 
years,  to  aid  in  enforcing  the  laws  and  ordinances,  and.  m 
case  of  a  riot,  to  call  out  the  "-iliiia  to  aid  in  suppressing 
the  same,  or  in  carrying  into  effect  any  law  or  ordinance; 
and  any  person  who  shall  'ail  or  refu«ie  to  obey  such  call, 
shall  forfeit  and  pay  to  said  ct)rpordti<>ti  the  sum  of  five 
dollars. 

§  !•;.  The  said  justice  shall  he  commissioned  by  the  ^^^^;;^^  '"  *"• 
governor,  and  he  shall  ha\  e  and  exer<  ise  the  same  power 
and  jurisdiction  conferred  upon  oti  er  justices  ni  the 
peace  bv  laws  of  this  state,  and  shall  have  exclusive 
jurisdiction  in  all  cases  arising  under  the  ordinances  of 
the  corporation,  and  shall  receive  the  same  fees  and  com- 
pensation allowed  for  similar  services,  under  the  laws  of 
this  state,  to  other  justices  of  the  peace,  and  for  any 
willful  or  corrupt  o[)i)ression,  malcondnct,  or  partiality, 
or  ]>alpable  omission  of  duty  in  his  said  otfice,  may  be 
indicted  in  the  circuit  court  of  Fulton  county,  and  upon 
conviction  shall  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  and  the  court  shall  have  power,  upon 
the  recommendatiTn  of  the  jury,  to  make  his  removal 
from  office  a  part  of  the  judgment. 

§  IT.  The  president  and  trustees  shall  have  power,  by  Si.cc  ai  ux. 
or  linance,  to  levy,  assess  and.  collect  a  special  tax  on 
the  holders  and  owners  of  lots  upon  any  street,  square, 
lane  or  alley,  or  upon  any  part  of  any  street,  square, 
lane  or  alley,  according  to  their  res|)e«:tive  fronts  owned 
by  them,  f>r  the  purpose  of  grading,  ]»lanking  or  paving 
su'jh  square,  s'reet,  lane,  or  alley,  to  be  collected  as 
other  taxes  are  collected  by  the  jirovisions  of  the  tenth 
and  eleventh  sections  of  this  act,  or  as  may  be  provided 
by  ordinance. 

^  18.  The  president  and  trustees,  for  the  purpose  ofaoaaubor. 
keeping  the  streets,  alleys,  lan^s,  avenues  and  highways 
in  repair,  sliall  have  power  and  authority  to  require  every 
male  inhabitant  of  said  town,  over  the  age  of  twenty-one 
year-s,  to  labor  on  said  streets,  lanes,  alleys,  avenues  and 
highways,  three    days   in    each    year,    and    every  person 


1857.  586 

f«ilinc:  or  refusing  to  pfrforni  snch  ituul  labor,  after  being 
notilit-ii  US  may  be  |>rt>vii!«'d  by  oiiiiimnct',  shall  lorlvit 
ami  |»«y  one  liollur  ami  rifty  ctnts  per  day  lor  i-acli  day 
so  nt'clt'iMfd  and  rt'fusrtl. 

^  li'.  The  piesident  and  board  of  tru^tct'S  shall  have 
]»o\viT  to  provide  for  the  punishinent  of  the  ort'endtrs 
at!Hinst  any  ordinanre,  in  the  county  jail,  in  all  I'ases 
Mrl»«'re  smli  otfrndir?  shall  tail  or  refuse  to  pwy  the 
fines  anil  forfeilurt  s  whioh  may  be  recovered  against 
them. 
f^^^  §  '20.  The  inhabitants  of  said  town  shall  be  exempt 
^  »^  from  the  performance  of  road  labor  and  the  pajnient  of 
road  tax  l»'vi«'d  by  authority  of  the  county  court,  and  the 
entire  jurisiiiciion  and  control  of  the  loads,  high\va}S 
and  brid^e5  in  said  town  shall  be  held  and  exercised  by 
the  president  and  trustees  as  aforesaid. 

wrim.  ^   -I-     All  writs  for   the   recovery  of  penalties  fcr  the 

breach  of  any  ordinance  of  said  town,  shall  be  in  the 
fi»rin  of  an  action  of  d^bt,  l)efore  a  justice  of  the  peace 
of  faid  town,  or,  in  ca-Je  of  his  absence,  or  inabilily  to 
act,  before  some  o'her  justice  ot  the  ])cace  of  said  town, 
and  changes  of  /eniie  and  appeal  shall  be  allowed  in 
cases  coiiiineiiCfd  before  the  said  justice  as  in  other 
cast's  before  otiu  r  justices  of  the  peace:  Pruvidul^  the 
•  »id  corpoiation  shall  be  allowed  to  appeal  in  any  case 
in  which  they  ore  parties,  by  causing  their  secretary  to 
e*e«'ute  a  bund  in  lli»*  name  of  said  corpMiation,  in  the 
fiirin  now  pre'^cribed  by  law  in  t*ther  cases,  without  other 
•eeiirit);  Hiid  an  order  enteied  upon  the  records  of  said 
corporation,  directing  said  appeal,  shall  be  sutricient 
evidence  of  the  authority  oi  said  security  to  sign  said 
bond. 

A*4«aM«*.  ^    ^1.      The  town   constable,    elected    under  the    provi- 

siun<i  of  this  act,  shall  have  power  and  authority  to 
rxpcule  all  proc»'iiseji  i.iniied  for  the  breach  of  any  ordi- 
nance of  naid  town,  and  for  that  purpose  his  power  and 
authority  iball  extend  over  lh<*.  county  of  Fulton,  and 
abfill  have  the  fldine  power,  jurisdiction  and  authority 
Within  tlo*  limili  ot  said  town  as  other  constables  under 
tlt«*  liiwff  nf  thii  Nlate,  and  shall  give  bond  and  <|Ualily  as 
tlif  ••lid  board  mIimII  by  nrdinnnr-e  preset ibe. 

•  iuM4ar«i«ft(  JS  '<^'^'  '^11  sui'4  for  fines  and  penalties  in  and  lor  the 
violntinn  of  any  nrdinnnce,  ohall  lie  in  the  name  ot  ^''J'he 
town  ol  \'ermf»nt,''  atid  the  said  coip  (ration  shall  have 
po«r<  to  re^^nlale,  b)  ordinanees,  the  loim  and  natuie  of 
thr  fir«t,  and  o|  any  Mibsi  (|uent  process,  and  the  mode  of 
rxrciitin^  iIir  Hantc. 

'  §  *J4.     Thai   the  town  f»f  Vermont,  throngh   the  presi- 

derit  and  lru*tee»  (d  nairl  loun,  fre  her*  by  uuthori/ed  to 
aubacnbe  to  tite  mpitHl  nloc  k  oi  the  I'eoiia  end   Ilaniilhal 


537  1857. 

Railroad  Company,  twenty-five  tiiot.sand  dollarj',  and  twrn- 
ty-five  tlioiisand  dollars  to  ai.y  otiif-r  railroad  terminating 
at  or  passing  through  the  town  of  Vermont;  at)d  for  the  pur- 
pose of  pajing  such  suh.scri()tion,  said  town  of  Vermont, 
through  its  president  and  trustees,  are  hereby  aulliorized  to 
nxake  and  issue  the  bonds  t)f  said  town,  bearing  interest  at  a 
rate  not  exceeding  se\  en  per  centum  per  annum,  payable  to  . 
said  cor.ipany  oi*  any  other  person  or  persons  or  boclj  cor- 
porate: l^ruvit/i'i/,  /luu'ii'ir,  whenever  such  subscription  is 
proposed  to  be  made,  it  shall  be  the  duty  of  the  president 
and  trustees  of  the  town  of  Vermont  to  order  a  Aote  of 
the  taxable  inhabitants  of  the  town  of  Veimont,  who  are 
CiititUd  to  vote  in  said  town,  by  jmblication  of  notice  in 
a  public  newspaper  piinted  in  said  town,  stating  tiiiit 
upon  a  certain  day,  not  less  than  tliirty  days  from  such 
publication,  a  vote  of  the  taxable  inhabitants  of  the  town 
of  Vermont,  entitled  to  vote,  will  be  held,  to  decide 
whether  the  town  of  Vermont  shall  subscribe  as  j)roposed 
by  the  j)re5;ident  and  trustees;  said  publication  stating 
the  amotmt  proposed  to  be  subsciibed,  the  company  and 
the  amout. '  and  the  t*>rms  of  the  bonds  proj>osed  to  be 
issued.  S  \i'i  vote  shall  be  taken  by  ballot,  at  the  usual 
place  of  ele^'tion,  and  if  the  majority  of  the  votes  cast 
shall  be  in  fa;  or  of  the  proj)osition  of  the  j)resident  and 
trustees,  then  t!ie  subscription  shall  be  made,  otherwise 
the  president  and  trustees  shall  proceed  no  further  with 
the  same. 

§   25.     This   is    declared    to   be    a   public   act,  to   take 
effect  from  and  after  its  passage. 

Approved  Feb.  13,  18.37. 


AN  ACT  to  amend  ttift  act   entitled 'An   act  to   incorporate   the  Morris  Feb.  is,  i68t. 
Bridge  Company,"'  approved  February  l.'ilh,  1855. 

Be  if  enacled  hy  the  people  of  the  state  of  HUvoit^  rep' 
reseyitr(/vi  the  Gvmrnl  .^\.sTm''/v,  That  that  jiart  of  the 
geveiith  section  of  sai<l  act  which  pro\i(|es  for  the  reduc-  Repc»i. 
tion  of  the  tolls  of  said  bridge,  alter  the  expiration  of  two 
veais  from  the  completion  thereof,  be  and  the  same  is 
hereby  repealed. 

ArpRovKD  Feb.  13, 18.')7. 


1857.  688 


r«»,  ta.  1547.  AN  ACT  to  rh«ns'  'hf  nainp  of  \\\o  town  of  New  Albany,  in  Colt's  coun- 
tv.A'x!  to  vjc.it<-  th(>  public  squat  e  willuii  s.iiil  u>vvi>,  liiul  .i  ccitain  al- 
ley therein  naiurU. 

Skction  1.  Be  iV  euncttd  by  the  people  oj  the  state  of 
lUiuots,  rtpnscntu/  in  the  Citnertil  *^sxetn/i.'i/ ,  That  the 
»«»«<^»r«t«k  name  of  tlie  town  of  New  Albany,  in  Coles)  ronnty,  hv  and 
thf  same  i«!  hereby  chani:;«-(l  to  the  nHinf  ot"  "Caniai-jro," 
and  the  pnhlic  ?qnare  within  snid  town  is  hereby  \ae».ti d, 
and  also  tlie  alley  in  5uid  town,  ininu  ciiateiy  north *olMain 
stri-»  t,  uiid  runninj;  parallel  th^-rewiili. 

J  *J.  This  act  to  be  a  jnibiie  act,  and  to  be  in  forco 
from  and  alter  its  passasxe. 

Aii'Ho\Ku  i'tb.  li>,  1^57. 


t.  i>,  i<r:.  AN  ACT  to  vacate  Caryfonl,  in  Clark  connly, 


Whkrkas  Jdincs  C    Ilillebert  hns  become  sole  ])ro}>rietor 

oT  the  town  of  Carjford,  in   Clai  k   county,  except  lots 

No.  4,  1»,  lU,  11  and  li-J, 

Skctio.n  1.  JJe  it  enacted  by  the  people  oJ  the  state  Oj  llli' 
noLf^  represented  in  the  Gefieral  tissern/di/.  That  the  town 
r«v«  fM»:c).  plat  tif  the  town  of  Car}ford,  in  said  conntv,  in  this  state, 
be  .Ml'  the  s.ime  is  hereby  xacatid,  and  t'at  t!ie  alleys 
and  public  j;rounds  tln-n-of  vrst  in  said  .J.  V.  Udlcbtrt, 
V.v  present  own«  r,  and  that  the  lots  and  blocks,  allejs  aiid 
public  ^^ounds  shall  hereafter  be  assessed  and  taxed  in 
the  5aine  manner  that  olher  lands  art*  required  to  be  as- 
Ses^'i-d  and  tdxed. 
,^^  5    J.      That  the  owners  of  said  l<.t«  No.    1.  1»,  10,    11,  'J'J, 

ma\  pay  taxe<»  on  the  s«me,  b)  pajinj^  t(»  the  proper  olficer 
»urji  proportion  of  the  taxes  assi-ssed  npnn  tin  tract  of  land 
in  which  said  town  lot  is  situati-d  a^j  ^ueh  lot  shall  bear  to 
the  wliole  tract,  an<l  may  redeem  either  of  said  lots  from 
any  nale  for  taxes,  by  pa)in({  such  |)roportion  of  the  mo- 
ney necessary  to  redeem  tlo-  tract  of  land  in  which  said 
lot  M  situate  as  said  lot  .^hall  bear  to  the  whole  of  said 
trael, 

§  •».     Thi«  act  slitll  take  efTect  and  be  in  force  from  and 
•fter  it«  pH«HHt»e. 

ArraoVKD  i-"tb.  l.'i,  iHol. 


539  1867. 

AN  ACT  to  incorporate  Ihc  town  of  Camp  Poirit,  AilaniB  county.        r«fc.  13,  IS67. 

Section  1.  Ih  il  nuicttd  hy  the  pvupfe  of  Ihe  state  of 
It/i7iois,  rtjirtS4iili(l  in  Ihe  (iiiwrni  Jisstmlily ^  That  tlie 
iiiliabitaiiis  cl  the  toun  ol  Cbniit  Point,  in  tin-  county  of  ";.''f^ '7.r'""*» 
Adams,  air  Ltiriy  c(.n<:titi'fi  d  a  l<<  (ly  politic  anr  corpo- 
raft',  ())  tl'i'  nanip  of  *'T)ie  Presidi  nt  and  Tinslees  of  tlie 
Town  of  Camp  Point;"  and  by  that  name  shall  liave  per- 
petual succession;  make  and  use  a  con.nmn  sea),  aiid  alter 
it  at  pliasiire,  and  in  wIk  m  the  goveiiunt  nt  of  the  cor- 
poiation  shall  be  vested,  and  by  uhont  its  afTairs  shall  be 
mannged. 

§  'J.  The  boundaries  of  <!aid  ct.rporation  sliall  be  those  D«nn<iariei. 
establish^-d  by  the  first  ordinanc«s  passed  b)  the  j)re^ent 
board  of  trustees  ol  said  town.  Sail  ordinances,  together 
with  all  othtT  ordinances  passed  by  said  board,  are  heieby 
legalized,  and  may  be  read  in  t\id«rice  in  all  couits  of 
law  or  equity  in  this  state  without  proof. 

jj  G.  Tlif  iidiabifaiils  of  said  town,  by  the  name  and  c  rporatc  pow- 
st}  le  aforesaid,  shall  have  power  to  sue  and  be  sui  d,  plead 
anu  be  impleaded,  defend  and  be  defended,  in  all  courts 
of  law  or  eijuily,  and  in  all  actions  whatever;  tc  pur- 
chase, receive  and  Imld  jMopeity.  real  and  jierscnal,  l»e- 
yond  the  corporation  limits,  for  burial  grounils  and  other 
public  purposes,  for  the  use  of  the  inhabitants  ot  said  town; 
to  sell,  leas*-,  or  dispose  of  prop»  rtj,  real  and  personal,  for 
the  benefit  of  said  town,  and  to  improve  and  protect  such 
property,  and  to  do  all  other  things  in  relation  theieto  as 
natural  prisons. 

§  4.  The  corporate  powers  and  duti'^s  of  said  town  Trusteen. 
shall  be  vested  in  five  trustees,  who  shall  form  a  board 
for  the  transaction  of  bt»siness  ;  and  the  persons  who 
may  be  in  office  as  trustees  in  said  town,  under  the  general 
incorporation  law  of  this  state,  shall  he  deemed  to  hold 
thr-ir  otfiees,  by  \iitue  ol  this  act,  until  the  first  Monday  in 
September,  Anno  Domini,  one  thousand  eight  hundred  and 
filty-«even,  and  until  their  successors  are  elected  and 
qualified. 

5  o.  On  the  first  Monday  in  Sei>temher  next  an  elec-  Election  of  irn*. 
tion  shall  be  held  in  said  town  of  Camp  Point  tor  the  elec- 
tion of  five  trustees  of  said  town;  «iid  thcicafter,  on  the 
first  Monday  (»f  September  in  each  y»'ar,  an  eltction  shall 
be  held  h.>r  s»iid  officers.  They  shall  be  citizens  of  the 
United  States,  twent) -one  jears  of  age,  and  shall  possess 
a  freehold  estate  within  the  limits  of  said  town. 

^   6.     All  persons  who  are  enlitlnil  to  vfite  for  state  offi-  Qnniiftc«iion  •( 
Cers  by  the  laws  of  this  state,  and  who  shall  have  been  ac- 
tual residents  of  said  town  six  months  n«-xt  pr«  riding  any 
elec'ion  held  under  the  provisions  of  this  ael  jhall  be  en- 
titled to  v«>le  at  any  sucii  election. 


nb'i 


540 


r*k*. 


r  -■ 


>ii«j>k. 


^i  7.  Tli«  saiJ  tru-slcs,  at  llieir  first  mootiricj,  shall  ap- 
point one  o(  tlioir  b.)ily  pre-siilent,  and  shall  jiKl<;e  of  the 
3u«lif)cattons  anil  retains  ot  its  own  mtuibers,  and  shall 
eterin.ne  all  contested  eloolions,  in  sucli  niannt  r  as  may 
be  provided  by  ordinance. 

5  S.  A  m  ij  »rity  of  the  bnurd  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  iidjiturn  from  day 
to  day,  and  coinjud  tlie  atttMulunce  ot  absent  member-^,  un- 
der such  fines  and  penalties  as  may  be  prescribed  by  ordi- 
nance; an«l  shall  have  power  to  determine  the  rules  of  their 
own  proceedin»;«,  punish  a  nvmber  for  disorderly  conduct, 
and,  wiih  t';e  eoneurrence  (d' two-thirds,  exp(d  a  member. 

^  'J.  All  t  leetious  shall  be  held  by  brtl'ot,  and  tie  votes 
shall  be  decided  by  lot,  in  presence  of  the  board  of  trus- 
tees. 

^  10.  Eacli  of  the  members  of  the  board  of  trustees, 
befure  enterinj;  upon  the  duties  ol  his  office,  shall  take  and 
subscribe  an  oisth,  ht-forc  some  justice  of  the  pence  of  tho 
county,  that  he  will  support  the  con«'litution  (  f  Mie  United 
States  and  of  tliis  stat«»,  and  that  ho  will  perfoi  .ii  the  duties 
of  hi-}  otfice  to  the  best  of  his  ability.  And  there  stiall  be 
at  least  one  rejrular  meetinj^  of  said  board  onee  in  three 
month?,  at  such  times  and  places  as  may  be  pr»'scribed  by 
orJinance. 

§  11.  The  board  of  trustees  shall  have  powf.r  to  ap- 
point a  clerk,  treasurer,  assessor  and  one  or  more  street 
commissioners,  and  such  other  officers  as  may  be  judged 
necissary  for  c.irryin^  into  eflfect  tlui  powers  conferred 
upon  said  corporatitn  by  this  act,  and  to  r«(|uire  them  to 
give  such  b'>iids  and  security  as  may  be  deemed  necessary 
to  insure  the  faithful  performance  of  their  respective  du- 
ties, before  entering;  upon  the  discharge  of  the  same,  and 
who  shall  possess  the  same  «jualificati(Mis  as  is  required  for 
a  member  of  the  board  of  trus-t»-es. 

§  \'2.  The  board  of  trustees  shall  lia^c  power  and  au- 
thority to  levy,  assess  and  collect  taxes  upon  all  property, 
real  and  personal,  within  the  limits  of  said  town,  wlii(  h  is 
«ubj.*cl  lo  tanati  )n  for  state  and  county  purposes,  not  ex- 
ceeding oae-ltalf  per  cent.  U|>ofi  the  HS^esstd  value  thereof, 
and  m^y  assets  .ind  enforce  the  collection  of  the  same  by 
any  ordinanees  not  repugnant  to  tin-  constitution  of  tliis 
flafe;  iiUo,  to  ap;)Cii>priate  moot  y  aiid  provide  fur  the  J»!>y- 
mt'iil  of  debt!  afid  expenses  of  the  town. 

J  13.  To  make  rei»iila'ii)ns  to  secure;  tlie  general  health 
of  tli«  inli.i'dtan's  of  the  town;  to  declare  what  fihall  bo 
Con<iitlert'd  a  nuisance,  and  to  prevent  or  remove  the  name. 

5  II.  To  o,ji-n,  abolixh,  alter,  wid.im,  extend,  establish, 
inprove  and  keep  in  repair  streets,  alleys  and  jMiblio 
groiindi  in  S4id  tiwn,  and  erect,  maiii'ain  and  keep  in  re- 
pair bridgef,  drains  and  sewers. 


641  1857. 

§   If).     To   provide  tlie  town    witli   vat<r,  to   sir.lf  and  w«tor. 
kei'p  in  repair  wtlls,   and    to  trett  iittc'lul  biiiltlin^s  lor 
the  use  of  the  town,  and  to    intpiove  and    jjiuttct  pubJic 
buildir^s. 

§   Uk     To  provide   for  tin-  inspection  and  weij^liirg    of  i'"' 
hay  and  stone  coal,  and  the  uieasurtmeut  of  wood  and  luel 
to  be  used  in  said  town. 

§  17.     To  license,  tax  and  regulate  auctioneers,  mer-  Aueiicneer*. 
chants,  grocers,  eating  houses  ai  d  ptddleis,  and  to  legii- 
late  the  fixing  of  chiinnejs   and  the  Hues  thereof;  also,   to 
regulate  the  storage  of  gunpowder  and  other  combustible  Cviubu»iibu». 
materials. 

§  18.     To  suppress  gaming  houses,  bawdy  houses  and  ^^l';^ll]^' 
other  disorderly  ileuses  within  said  town;   to  license,  tax 
and  regulate  theatrical   and  other  exhibi'fons,  shows  or '»»"'^»- 
amusemints;  and   to  provide  for  the  trial  and  j.unis!:ment 
of  persons  who  may   be  engaged  in   ast^aulls  and  baiterics 
and  affrays  wiihin  the  corporate  limits  of  said  town. 

§   I'J.     To  fix  the  tecs  and  conipensation  of  town  ofliceis,  i-'fcs- 
jurors,  witnesses  and  others,  for  services  rendered  under 
the  provisions  of  this  act. 

§  20.  To  prevent  the  encumbering  of  the  streets,  alleys  ^{'J^W^^*^' 
and  publli.'  grounds  of  saitl  town;  to  protect  shade  trees;  to 
conii)t'l  persons  to  fasten  horst-s,  mules  and  otiier  animals 
attatdied  to  vehicles,  while  standing  upon  any  stieet,  alley 
or  uninclosed  lot,  in  said  town;  to  prevent  the  running  at 
large  of  hor>es,  cattle,  sheep,  hogs  and  other  animals,  and  ■*^ni«n«'«- 
to  provide  for  the  impounding  and  distraining  the  same, 
and  to  jirovidelbr  the  sale  ol  the  same  lor  any  j)enalty  in- 
curred, and  to  impose  penalties  upon  the  owmr  or  owners 
of  any  such  animals,  for  the  violation  of  any  ordinance  in 
relation  thereto. 

§   21.     To  prevent  the  running  at  large  of  dogs,  and  to  ^ok». 
proviJe  for  the  destruction  of  the  same  when  at  large  con- 
trary to  the  provisions  of  ordinince  in  su<  h  cases  made. 

§1   -2.     To  prevent  the  firing  of  squibs,  rockets,  guns  or  Fircwcrk*. 
other  fireworks  or   combustibles  within  the  limits  of  said 
town. 

5  23.     To  provide  for  the  punishment  of  persons  who  Di'fnrting    a* 
may  at  a'ly  time  disturb  the  peace  of  the  inhabitants  of  said 
town  or  the  deliberations    or  proceedings  cf   any   public 
meeting  of  said  inhabitants  or  of  the    board  of  trustees 
when  in  session. 

§  2i.  To  regulate  ihe  police  of  the  town;  to  impose  p«ii««. 
fines,  penalties  and  forfeitures  for  the  breath  of  any  ordi- 
nance, and  to  provide  for  the  rero\  ery  and  appropriation 
of  such  fines  and  forfeitures  and  the  enforcement  of  such 
penalties:  Prviii/iJf  that  in  all  cases  the  right  of  trial  by 
jury  shall   be  allowed  to  any  person  or  persons   charged 


1S57.  M2 

wi'h  a  breach  of  any  of  the  provisions  of  l\\\<  act  or  any 
oritiixiDce  inaile  in  piirsu.ince  ilieriiif. 

5  ».').  Tne  botml  of  trustees  slirtll  liuve  powcrto  make 
nnii  rnforco  all  orilinances  wlucli  may  be  necessary  and 
jirojier  fur  curryinj;  into  eftVct  all  tlic  p  iwerii  .specified  in 
thi"!  iicl  or  as  the  j;>)0(l  of  the  inliiibitanf.s  of  said  town  n)ay 
rr'inif e,  so  that  sui'h  onlinanccs  are  not  repugnant  to  nor 
iiir  Mi'i-'tent  with  t!ie  oo:isUtiitioM  ol'  the  United  Slutci!  or 
of thi*  slate. 

^  Jti.  The  st)le  of  the  orilinances  of  the  town  shall  be, 
*'//c-  //  or(iitin*-(t  hi/  tin-  />rtsii/t'nl  aud  /rusfei  s  (if  l/ir  foirn 
of  Cimp  Point ."  and  all  ordinances  shall,  within  one 
inoiitli  Hiter  they  are  passed,  he  pul)lisluii  or  made  known, 
by  posting  in  three  public  places  in  said  town  coj)ies  of 
ihe  same;  and  the  certificate  of  the  cleik  of  the  town, 
under  the  seal  of  the  incorporation,  shall  he  pri/najhcit 
evidence  of  such  ordinance  and  of  its  publication  ;  and 
no  ordinance  shall  take  effect  until  |)ublished  or  made 
known  as  aforesaid. 

^  '11.  And  all  ordinances  may  be  proven  '»y  the  seal  of 
tlif  town,  anil  when  j)uhlished  or  printed  in  book  or  jiam- 
phlel  form,  and  purporting  to  be  piintcil  or  published  by 
authority  of  the  town  of  Camp  Point,  the  same  shall  be 
n-crivfii  as  evidence  in  all  courts  and  places  without  fur- 
ther [ir^of. 

Duties  nj  the  Pn  'iidnit. 

\  1.  The  president  shall  preside  at  all  meetings  of  the 
board,  when  present  ;  Hud  in  cas«'  of  his  absence  at  any 
me«  tini;  the  hf»ird  shall  Hpfioint  nn»»  of  their  number  chair- 
man, who  "ball  pn-sidi-  tit  thdt  ni<-etirig. 

1^,-ti  ■  ,.  .,.       ^  L*.     Tlie    president,    ur   any    two   members,    may   call 
■pi-CMl  meetings  of  ihe  same. 

D**.'»       .  •.  §  '^.     The  president  5:11*111  be  ac  ive   and  vigilant   in  en- 

***^  forcing  Ihe  law<  and  orilinaiict!s  for  the  government  of  the 

town.  lie  ""'lall  insp.et  the  cou'liief  of  tlie  fubordinato 
offi<rr«»,  and  chum*  tifgli^once  and  willlul  violation  of  duty 
to  be  punished.  Me  shall  have  power  and  authority  to 
call  on  all  malt*  iidiabitantf»,  over  the  age  of  twenty-one 
year*!,  of  naid  town,  to  aid  in  enforcing  the  law  and  ordi- 
nance*; and  any  and  fvcry  p»'r«')n  who  shall  fail  or  refuse 
to  r>b<y  <iu(:li  chII  shall  lorfeil  and  pay  to  said  town  the 
turn  ol  t«-n  dollar<i. 

§  \.  \\<-  <hidl  iMVe  power,  whenever  he  may  deetn  it 
nece«»ary,  to  require  of  any  officer  of  said  town  an  jxhibit 
of  hif  bookf  and  papers;  and  shall  have  power  to  do  all 
otJier  act*  r<fjiiir«..l  f»f  him  by  any  ordinance  made  in  jiur- 
yuance  of  thr  term*  of  ttus  act. 


543  1857. 

Mu'^islrates  and  IJunstuhlen. 

§  1.  It  shall  be  llie  duty  of  llie  trusters  of  said  town, 
imuu-diately  aftt-r  tlie  j)assai;e  of  tliis  act,  to  ^ivt-  notice 
for,  and  cause  att  election  to  be  lieKi  for  a  justice  (jt  the 
j)»ace  and  c«'nstable,  who  shall  he  elected  b)  the  (jualified 
voters  within  the  corjiorate  limits  of  said  town,  who  shall 
take  the  same  oath,  execute  the  same  bond,  and  he  clothed 
wi'h  tiie  same  power,  authority,  jurisdiction,  and  suiject 
to  tlie  same  liabilities  as  other  justices  of  the  j)eace  and 
coastables  within  the  limits  of  litis  state,  and  shall  hold 
their  otFiees,  respectively,  two  years  from  the  first  Mon- 
day in  September  next;  and,  biennially,  foiever  there- 
alter  ;  also,  shall  hold  their  otHccs  until  their  successors 
are  elected  and  (jualified. 

§  '1.  For  the  election  of  a  justice  of  the  peace  and  con- 
stable tor  said  town,  alter  the  first  election,  shall  be  held 
at  the  same  lime  and  place  as  the  election  of  trtistees  ;  and 
the  manner  of  holding  all  the  elections  re(|uired  by  this  act 
ahull  be  held  atid  conducted  and  returns  thereof  made  as 
ma)  l)e  htrreafier  provided  by  the  ordinances  ol  the  trus- 
tees of  said  town,  by  this  act  created. 

§  o.  Tlie  said  justice  of  the  peace  shall  be  commis- 
sioned by  the  governor  of  this  sta'e,  and  shall  be  a  con- 
servator of  the  peace  forsaiJ  town,  and  shall  have  exclu- 
sive jurisdiction  in  all  cases  arising  out  of  or  under  the 
ordinances  of  the  cor[)oration,  and  shall  have  the  same 
ives  and  compensation  allowed  for  similar  services  un- 
der the  laws  of  tiiis  state  to  other  justices  of  the  peace. 
In  case  ol  hi?  absence  or  inability  to  act  any  justice  of  the 
peace,  having  an  office  in  said  town,  shall  have  power  and 
authority  to  liear  and  determine  all  cases  which  may  arise 
under  the  ordinances  of  said  town. 

§  4.  In  all  cases  arising  under  the  ordinances  of  i>aid  cisnireofTOTie 
town,  changes  of  venue  and  appeals  shall  be  allowed,  as 
in  other  cases  befi/re  justices  of  the  peace  ;  and  the  said 
corporation  shall  be  allowed  to  appeji'  in  any  ca<;e  in 
which  they  are  parties,  by  causing  their  clerk  to  execute 
a  bond,  in  the  name  of  the  corporation,  in  the  form  now 
or  wlii'Mi  may  hereafter  be  furnished  by  law  in  other  cases, 
witliout  other  security,  and  an  order  entered  uj)on  the 
records  '  f  said  corporation,  directing  said  appeal,  shall 
be  sufficient  evidence  of  the  authority  of  said  security  to 
sign  said  bond. 

§  5.  The  town  constable  elected  under  the  provisions  Town  f«3o»»«bn.. 
of  this  act,  shall  have  power  and  autlority  to  execute  all 
processes  issued  for  the  breach  of  any  ordinance  of  said 
town,  and  for  that  purpose  his  power  and  authority  shall 
extend  over  the  county  of  Adams  ;  and  shall  have  the 
same   power,  jurisdiction  and  authoiity,  within  the  limits 


1S5( 


514 


of  s<iJ  cnn-ity,  a?  other  con^stiiblpjj  in  all  ci'^es  possess 
unJcr  the  Iavv5  oI  tliis  state  ;  mid  sliall  j»ivii  boiul  and 
qiulily  a*  s«»iil  board  shall  by  orvlirMiice  prescribo. 

J;  (».  Tl»e  said  cousta')lo  shall  be  authorized  to  arrest 
all  piTsoiis  on  view,  witlii)ut  warrant,  who  shall  violate 
any  of"  t  le  provision*  of  tlii'i  aet,  or  any  ot"  the  onlinanoes 
o\  said  town,  made  in  pursuance  thereof,  atid  tak't>  him, 
her  or  tloMn  bftort-  the  justice  of  the  |)eaoe  of  said  town, 
to  be  tried  and  punished,  as  may  be  prescribed  by  onli- 
nance.  In  case  of  the  absence  j>r  inability  of  said  ci>n- 
stable  to  act,  any  constable  of  said  county  of  Adams  shall 
have  power  antl  authority  to  execute  nil  processes  and 
writs  which  may  be  issued,  in  the  sa>ne  manner  and  with 
likt"  i*Tect  as  the  constable  of  saitl  town. 

Sfret'ts  and  »Hlvi/s. 

TTi^u* 9tvf*nj  ^  \,  Whenever  it  shall  be  necessary  to  talce  private 
j>r<>perty  for  openiiiL;  or  altering  any  public  street  or  alley 
in  said  town,  the  corporation  sliall  mak»'  just  compensation 
to  the  owner  or  owners  of  said  property,  and  pay,  or 
tender  tlie,  same,  before  optninp;or  alterinj^  such  street  or 
alley;  and  in  case  the  amount  of  such  compensation  can- 
not be  a^re»  d  ui)on,  the  same  shall  be  ascertained  by  six 
disinterested  freeholders  of  said  town,  who  shall  be  sum- 
moned by  the  justice  of  the  peace  of  said  town  for  that 
purpose. 

5  -.  The  said  jurors,  so  em|)annrled  to  ascertain  the 
daln^»^es  which  will  be  sustairied  by  tlie  opfninf^  or  alter- 
jni;  of  any  street  or  alley  by  any  p'^rson  or  persons  so 
owning  properly,  shall  lirst  be  sworn  tothat  effect  by  said 
justicf,  and  shall  return  to  him  tloir  infjuevit,  in  writing, 
signed  by  each  of  said  jurors,  and  by  him  laid  before  the 
board  of  trustees  ftt  their  first  meeting  thereafter;  and 
eitli»-r  party  may  aji;  eal  therefrom  to  the  circuit  cotiit  of 
Adams  county,  in  such  manner  and  upon  such  terms  as 
may  be  pre^erilx-d  by  ordinance, 

5  '.\.  In  the  ai'Jessrnent  of  such  damages  the  jury  shall 
taki-  into  consideration  the  benefits  as  well  as  the  injury 
happening  to  the  owner  or  owners  of  property  proposed 
to  be  taken  lor  opening  or  altering  a  street  or  alley  by  sucli 
Oprning  or  alteratioti. 

}  I.  That  the  bo;ird  of  trustees  shall  have  power  to 
levy  and  collect  a  special  tax  on  the  owners  of  lots  on 
any  Mreet  or  part  of  street,  according  to  their  respective 
frontf,  for  the  purpoac  of  grading,  jiaving  or  otherwise, 
the  iidewalks  on  said  street  or  part  of  Ftreet. 

f  .'».  That  the  h)t  in  front  of  which  any  si«lewalk  if 
madr  shall  be  t.ixr-d  to  jiay  at  least  one-half  of  the  ex- 
peniet  of  makittg  luch  sidewalk,  >a  addition  to  the  regu- 


•trfwaU*. 


645  1857. 

lar  lax,  wliicli  shall  he  assessed  ami  c«)!l»  cted  in  tlu*  same 
raamirir  as  other  taxes  are. 

Mhcellaufuvs  P^ruvisii/ux. 

5  1.      The   iiihahitantj  of  the  town  of  Caini)  Point   are  K«ennM      fr«m 
hereby  exempted  Mom   working  on    hm\    roail  be^on*!    the    bor. 
liniits    of  said    t'>wn,    and    the    |»a\  nw  iit    of  H:iy  road    lax 

levit^-d  hy  the  commis»:ion»'rs  «)f  hi;;it  wa\  s  of  tlu-  t'>wn"«hi|> 
of  C/Hinj)  Point,  and  lli«^  entire  jirisdic  ion  and  contiol  of 
roa<l:^.  highways  and  hridges  in  Njiil  town  sliall  t>e  held  and 
exercised  hy  the  hoard  ol    trustees  hy  this  act  provided. 

6  2.      Th".  board  of  trustees,  for  the  purpose  of  keeping  Rua.i  itbor. 
the    streets,  alleys    and  hghways  in  said    town  in    repair, 

are  authorized  and  einpow.-ied  to  rrquire  eveiy  H')Ie  bodied 
male  inhabitant  of  said  town,  over  twenty  one  \ears  of 
age  and  under  fitf),  to  lat)or  on  said  s'reetn,  allejs  and 
highways  any  number  of  diys,  not  ex<J»edijjg  thn-e,  in 
each  year.  Any  person  failing  ro  perform  such  labor, 
when  duly  notified  by  the  street  commissioner  or  other 
autliorized  olfieer  of  said  (own,  shall  lorft  it  and  p^y  the 
Buni  of  one  dolKir  and  filty  cents,  tt)  he  paid  lo,«aid  town 
for  each  and  every  day  s.)  neglectt-d  and  i»fu>;ed. 

§  3.  The  board  of  trustees  sliall  have  power  to  pro-  iuiprn(<iment 
vide  for  tlie  puni'^hment  of  offenders  against  any  ordinance 
ef  ?aid  town,  by  imprisonment  in  the  county  j<il,  not  ex- 
ceeding thirty  dajs,  for  any  one  off-nce,  in  all  e.asfs  wliere 
such  offenders  shall  fjil  or  refuse  to  pa}  ti.e  fint;  and  for- 
feiture? which  may  be  recovered  against  th»  in. 

§  4.  All  suits  f'-r  fines  and  penalties  in  and  for  the  Suit* Md »aion« 
violation  of  any  ordinance,  shall  be  in  the  name  of  the 
president  aiy]  trustees  of  the  town  of  Camp  P.imt  ;  and 
the  board  of  trustees  shall  regulate,  by  ordinam-e,  the 
form  and  nature  of  the  first  a  d  subsecfuent  pr<»cess,  and 
the  mode  of  executing  the  same. 

§  5.     The   incorjioration    hereby  created  shall  not   be  Secnritj for oo«tt 
required,  in  any  suit  brought  for  a  violation  of  any   ordi- 
nance of  said   town,  to  fil.-,  belbre  the   commencement  of 
any  such  suit,  or   during  the  peiidenc)  thertof,  any   secu- 
rity for  costs. 

5  tj.  All  ordinances  and  reS(dutions  passed  by  the  »'<'™o'"  •»^'- 
president  and  trustees  of  the  town  ot  Camp  Point,  shall 
remain  in  force  until  i\\f  same  shall  have  been  rejiealed 
by  the  joard  of  trustees  hereby  createtl  ;  and  all  actions, 
fines,  penalties  and  f.irfeitures  >/hich  have  accrued  to  the 
president  and  tru>tees  of  said  town,  or  which  may  here- 
after accrue  to  them,  jirior  to  the  taking  effect  of  this  act, 
■hall  be  vested  in  and  prosecuted  by  the  corj»orjition 
herein  created. 

—57 


1S6T.  546 


ri<ku.  t  -  All  prop»rt>  lulopoinpr  to  tlie  prP5?i(1cnt  ail'  trus- 
ters ot"  the  town  (it  Cmi>»p  Point,  li>r  llic  usf  ot  tlir  i  labi- 
taiits  of  fi\'n\  town,  ^llall.  upon  this  act  takincr  « ft  •  t.  be 
vt  5!t  (i  ill  tite  corportitiuii  ;  hdcI  this  net  shall  not  in\  'date 
•n\  act  iloiif  h\  srtiil  pri  slde-nt  and  trusttiv*,  not  <  ivest 
tlu  m  t'f  Piij  iii;hts  V  hiih  j.ave  uccriu  d  to  them  )  r  to 
to  tlif  p»«<Hge  ft"  »l'i<  €«cf. 

5   8.      WhrnevtT  iht-  iusticp  of  th»«  peaco,  Iiorrin  ,  rovi- 

tt  im».  or  <yi  \i.t  dfil  for,  shiul  rtniove  lioin  said  towji,  itsign  or  <!i«       r  his 

'**^  otfior  shall  otlu'rwi«5i' become  vaoaifd,  the  board  ot     lus- 

tfcs  sliall  initDi'itid'el)   piovide  f(.r  rillii)<;  silch  vacai.i  y  by 

el>*(Uion. 

J  '.'.  Tilts  ai't  is  h»!i  Ky  d»ilr.rt  tl  a  ptibjic  act,  m  may 
be  read  in  evidi-noe  iti  all  courts  o!"  law  and  cquit\  '  t  this 
•tdic,  without  pr«)of. 

This  act  shall  take  «  trect  and  be  in  force  from  an'  after 
its  passaiji'. 

ArpRuvKD  Feb.  l^i,  18 '7. 


r«k.  t>,iM7 

AN  ACT  to  chirlfr  acrrlaiii  forty  t(  mi'aiiy  tliciri.i  naiin-il 

SEt  TlON  I.  /^f  a  enarfi'd  hy  the  projJe  of  the  s/  /g  t^" 
'mm^.V'^/***  /'<>"'<<,  rrprrsetiteil  in  tlu  Cvjit  rul  %Jsstinli/y^  That  .'dinei 
W.it^h,  of  Itie  county  of  Hindolph,  in  the  state  of  I>i  noiBi 
•u'J  hi9  heirs,  furceflsor."  and  l»'j;al  repriscntativ*-.-*,  be 
and  the  shiiio  are  hereby  declared  a  body  co»'pf)rato  and 
politic;  to  have  and  inaintriin,  c|)eidte  and  use,  un-'-r  all 
the  reqnireinenls  and  penalties  of  lli«  |;itatiite  which  now 
exiit,  or  whi;li  hy  law  I. er. 'after  may  be  rttjnired,  a  ferry 
across  the  Ka^kakia  river,  at  and  opposite  to  the  town  of 
Rvaiisville,  in  the  •ounty  o\  Uandolph,  in  the  st.^te  of 
Itliiioii,  on  any  lamlt  owne<i  by  the  n.\\i\  .Tames  Wal>!i,  for 
•vi«  tiie  term  of  ten  )<  ar>  from  the  pa?s:i^u  of  (ids  act. 

§  i.  Tfiat  tlie  wtylt;  of  saiil  como  ny  sIimU  be  known 
and  called  '*  Tlie  KvHn'»viIlo  Feir\  Company;"  aid  bv 
tbitt  naino  may  Mie  and  be  sued,  pb-ad  and  be  impl»-idea, 
*•>•  delend  and  be  defi  iid-id,  m  all  roiitts  of  law  and  equity. 

^  ',\.  That  the,  comity  entirt  of  Uandolpu  county  be 
and  the  said  court  '  hali  have  (i.ll  power  to  r<^nla  •;  the 
atnoiirt'  rf  tie  eh:ir^es  el  toll  or  iVrria^e  of  sai»i  ferr>  ,  and 
may  w»\  >Bid  croperly  not  exceeding  the  amount  cb  trgeil 
for  liceitM*  i  upon  other  f«;rries  in  said  county. 

{  1.  Thif  act  to  be  in  force  and  take  etfect  from  and 
after  ilJipaina^e. 

ArraovKn  Feb.  13,  lHr>7. 


547  1857. 

AN  ACT  to  atnfnd  *•  An  act  to  incorporate  the  Shawneetown  Coal  Mining  Tcb.  13, 1M7. 
ami   Maimfaluiiiig  Company,"  a|>prov«;il  Feb.  yih,  JR55. 

Whereas  the  art  to  incorporate  the  Sliawnectown  Coal  Pre*mbie. 
Milling;  and  INI .^nu^aeturillg  Company  •Miacts  that  cer- 
tiiicates  of  stoik  of  said  com|)  my  shall  bi:  »  onsidered 
and  passed  as  r»*.al  estate,  and  the  said  company  de.-i- 
rinc  that  ihe  said  certificates  of  stock  shall  be  con- 
sidcired  and  pas-^ed  as  personal  property;  thereforp, 
Skction   1.      Bt    it  inacttd  by  the  pinpU-  of  the  slate   oj 

IIU}U)is,  nurcicutt  (t  inthts  GcncraU^ss  inhly,  Tliat  certifi-  cert>flc*te«     n 

,.1  ■  I  I      1 1     I  •  1  I  1     kt'M-k  U)  be  per- 

catts   ot   sLocIc    Ml   said  company   snail    i»e    coaSKlered    and    »oti«i  proportf. 

passed  as  personal  property,  any  thing  in  the  act  to  whicii 

this  is  :in  amendment  to  the  contrary  notwiti. standing. 

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

AppaovKD  Ftb.  13,1857. 


AN  ACT  to  edtahlish  a  fprry  therein  named.  Vf^.  l»,  I8r». 

Section  1.  Be  it  enacted  bi/  the  pe:>ple  of  the  state  oJ 
Illininsy  represented  in  the  General  Assembly^  ']  hat 
Charles  Summer?,  his  heirs  and  assigns,  be  and  are  hereby  P"""  *"  «•**- 

...  1  1-    1  !•  Ill  •  li^h  ferry. 

authorized  to  estabji^r.  a  terry  and  keep  the  same  in  oj)e- 
ration  for  tie  term  of  fifteen  years  from  and  after  the  pas- 
sage of  this  act,  across  the  Wabash  river,  from  t!<e  town 
of  Ddiwip,  in  Clarlc  county,  to  the  opposite  shore. 

§  2.      It  shall  be  the  duty  of  the  said  Summers,  his  heirs  »<•»<« 
and  assigns,  to  keep  f^w  hand,  at  all  times,  good  -tfri^  suffi- 
cient boats,    furnished   with   })erson3  of  suitable  rtrength 
and  skill,  to  in^un-  a  safe  and  S|)eedy  passage  at  said  feiry. 

§  3.  It  shall  be  lawful  for  the  owners  of  said  ferry  to  Toiu. 
demand  and  receive  fees  for  ferriage  at  the  following 
rates,  viz  :  For  every  four-wheeled  wwgon  or  carriage, 
with  four  horses  or  oxen  in  one  team,  forty  cents  ;  for 
every  four-wheeled  wagon  or  carriage,  with  three  horses 
in  one  team,  thirty  cents;  for  every  four-wheeled  wagon 
or  carriage,  with  tv.-o  horses  or  oxen,  twenty-five  cents; 
for  every  two-wheeled  wagon  or  carriai;e,  with  one  horse, 
twenty  cents;  for  one  man  and  horse,  ten  cents;  for  eve- 
ry led  horse  or  horse  in  i  roves,  live  cents;  for  every  per- 
son on  foot,  five  cents;  for  every  head  of  neat  cattle,  five 
cents  ;  for  every  head  of  slieep  or  hogs,  one  and  onehsdf 
cents.  The  county  court  or  board  of  supervisors  of 
said  county  of  Clark  shall  not,  during  the  existence  of 
this  act,   authorize   the    establishment  of  any  new  ferry 


1857.  S^ 

^•it!»in  one  mile  of  Mie  ft-rry  lierrby  estahli^^lied,  iinlfss  the 
saiii  Siiiiiin«  r.<.  Ins  lit  irs  or  a'ssij'hs  vsliaii  IhII  to  ooinjily  with 
the  i>ri>\  isioiis  ol  il.is  act  :  ProviJtd^  that  .lie  county  court 
or  board  ol  su|iti  visnrs  lor  said  couiitx  ma)  altt  r  or  ^-liange 
tlir  laies  ot  toll  lifitin  allowed,  wliciuvtr  tli«.  i>iil)lio  go«)d 
rtq»tirfS  sucli  cliange. 

^  4.  Tiie  iVrr)  lit-rcby  granted  shall  in  all  resju'cts  be 
gov*  rued  by  the  Jaws  r«gulaling  leriies,  toll  bridges  and 
tnrii|tikes. 

T:  is  awt  to  take  eift- ct  from  and  after  its  passage. 

Ai'pronkd  Feb.  K>,  IJSJT. 


!»,:«' 


AN  ACr  to  ainriul  an  act  (»iitill<'d  "An  act  to  incorpor.jto  the  Marshall 
Ceinetflfy  Aaaocialion,"    approval  Fcbiiiary  15ili,  lSr>r>. 


r.\ry 


Skction  1.  /?<•  it  efidcff^d  hi/  the  people  of  the  state  of 
llUtiois,  reptesentril  in  llie  Geiienil  *i.ss'imh/i/.  That  so 
much  of  the  seconti  section  of  the  act  aforesaul  as  liinitg 
'^-'..^1*^  '^  the  amount  of  lund  which  said  association  may  own,  be 
and  IS  hereby  so  amended  as  to  permit  saitl  association  le- 
gally to  hold,  own  and  pass,  sell  and  conv«  y  any  <|nan- 
tity  ol  lan«i,  not  exc»'e<linfj  forty  acres,  over  and  above  the 
grounds  used  tor  burial  ol  panpeis. 

§  'J,.  So  much  of  the  act  ol  the  general  a'^oemhly  of  the 
flate  u(    Illinois  incorporating  the  city   of  Marshall  a»  au- 

tliorizes  the  constituteil  autiiorities  of  said  to  stll  or 

di!«i>o>«e  of  block  nmnuered  scvm,  in  sniil  city,  formerly 
us«-d  as  a  bur)ing  plat  e,  he  hikI  the  sanie  is  hereby  re- 
pealed, and  tlie  Mdr-nltull  C»  nu-ti-ry  A'^sociation  are  here- 
by confirmed  in  all  the  powtrs  and  rights  tlierfin  which 
were  granted  to  said  a9<)ocidtion  by  the  act  incorporating 
the  Hame. 

§  '.',.      Thi**  act  to  be  in  force  I'roni  and  after  its  passage. 

Approvku  Feb.  n,  1H47. 


r«k.  ti,  t*tn  AN  ACT  to  IncorporAle  the  liig  Vermilion  Coal  Company. 

Sttrimt    1.      Be  it  rvdctvd  l,y  the  prtiplr  nj  the   stale  of 

JUinniM,  rrpresnilrd  in  the    dnieral  •flssemhh/,  'J'hat  Wil- 

a^j    «f(«rtM  li.nj  S.  Friernan,  William  H.  fiatzm«r,  William  (i.  Alex- 

•^  •**"*•        tnder,  William  I).  Albright,  William  M.  Haird,  Willum  F. 

Lerch   and    lUnry  ('.  Freeman,   their  associates,  succcB- 

■ort  and   tDiigns,  be  and   they  are   hereby   constituted  a 


649  1857. 

body  corporate  an'^  politic,  hy  tlip  name  atul  5tyl»»  of  "The 
Big  Vennilinn  Coal  CDiiipanj,"  Tor  thr  if\ui  ol  one  liiin- 
dred  years,  willi  power  to  i-nntrai^t  and  be  contracted  wiili, 
sue  and  he  sued,  in  that  name,  in  all  coitrls  nnd  pldcts; 
to  have  a  cMnmon  seal;  to  engage  in  the  mining,  coking 
and  selling  III  ininenil  cual,  and  in  the  mining,  manut'at't ore 
and  Selling  of  inui,  ^;ilt,  lime  and  other  mineial  products 
of  lands  now  owned  or  hereafter  to  be  owned  by  them, 
and  in  the  transportation  of  them  or  any  of  them  to  home 
and  foreign  markets;  to  hold  their  meetings  within  or 
without  tlie  state,  and  to  have  all  powers  and  privileges 
needful  h»r  ttie  successful  prosecution  of  their  business 
and  for  the  execution  of  the  powers  herein  granted. 

§  -1.  That  the  snid  Wdliam  S  Freeman,  William  H.  Ofjanu.UtB. 
Gatziner,  Wilji-im  G  Alexander,  William  D.  Albright, 
Wdliam  M.  Biird.  Wdliam  F.  Leech  and  Henry  C.  F.ee- 
man,  or  any  five  of  tbem,  shall  have  power  to  organize  said 
coKipanj ,  by  the  appointment  of  a  j)resident  and  such  other 
otficers  or  managers  as  they  may  deem  necessary;  and, 
when  thus  organized,  they  and  their  successurs  shall  have 
power  to  make  siuh  by  laws,  rules  and  regulations  as  they 
may  deem  necessary,  from  time  to  time,  for  the  gov-ern- 
raent  and  manag^■m^•nt  of  said  company,  not  inconsistent 
with  the  conslilution  and  la^vs  ol  this  stale  or  of  the  United 
iStates. 

§  3.    The  capital  stock  of  the  said  company  shall  be  t!irce  caiu«i  stock 
hundred  thousand  (oOU,UOO)  dollars,  with  power  to  increase 
the  same  to  any  sum,  not  exceeding  one  million  of  dollars. 

§  4.     The  president  and  other  officers  or  managers  shall '^'^'■""'^'<«'     "• 
issue   certificates  of  stock  to  the    holders   tlierecf;   which 
certificates  shall  be  assignable  or  transferabh  only  in  such 
mari'ier   and    at  such   places   as   the   president   and   other 
officers  or  managers  shall  by  their  by-laws  prescribe. 

§  5.  That  the  said  company  may  buy,  build  and  own  B-atu  aud  r*it^ 
boats  for  carrying  on  their  business,  and  build  such  rail-  ^'^^*' 
wa)s  and  appurtenances  thereto  belonging,  as  the  business 
of  said  company  may  require,  on  and  from  the  lands  of 
said  company,  to  connect  with  the  Illinois  Central  railroad 
and  with  the  Illinois  river,  in  La  Salle  county.  They  may 
receive  real  estate  in  payment  of  such  part  of  the  stibscrip- 
tion  as  they  may  deem  advisable,  and  shall  have  the  right 
to  hold,  eitlier  by  purchase  or  otherwise,  such  real  estate, 
mining  rights  and  rights  of  way  as  may  be  necessary  for 
the  successful  prosecution  of  their  business,  and  the  same 
or  any  part  thereof  to  sell  or  otherwise  dispose  of,  as  the 
interests  of  the  company  may  require. 

^  6.     That  it  shall  be  lawful  for  the  ])resident  atid  man-  power  ub«n«v 
agers  of  said    company,  from    time  to    time,  to  borrow  or    '°""*'^- 
obtain  on  loans  such  sums  of  money  and  on  such  terms  as 
they  may  deem   expedient)  tor   the   use  of  said   companji 


1857.  ^0 

and  to  ple«'p«»  or  moitpsge  «'I  or  any  j^nrt  of  ilir  f states, 
imnrovinif nt  ,  )»iivii»gt-s,  •  fftcts  Hii«i  «s<»ms,  w  I  atsiM  vi  r, 
ot"  ilie  .<«!«<  roin|)8iiy,  lor  tlie  iej»JMmiit  t)t  sin  li  snins  of 
roon**>  so  horrowt't!,  wt  smli  tiin«s  jis  uibn  hv  »i;rtt'il  ii|)Oii. 

6  7.  'J'liHt  t'lis  act  sliall  jmt  be  so  roMs-tnii-ti  as  to  iiiUr- 
fer»*  with  or  intringe  tlie  rij;liis  of  trnv  other  incorporvted 
co»l  milting  coin})a:i}  in  this  state.  That  tliis  art  shall  be 
in  torre  t'roin  ami  «l!»r  its  passage. 

Ap^-roved  Feb.   lo,  IS57. 


AN    ACTtochAiipc  thi'  iuiuip  of  J.  Iin  lllias,  ai.»l  for  ollirr  purpoees. 

Sfitii>.n  1.  /ir  il  ctuirlrif  hi/  the  pi'opft'  rj  thr  state  of 
llloiinsy  rrpresevtrd  ill  the  Gineral  •7v\rmA/y,  That  the 
nam*:  ol  John  Bliss,  of  the  'onni)  of  Atlan»s,  he  ami  the 
same  is  hereby  changeii  to  diaries  Wesley  Long,  an<l  he 
shall  ht-rf-after  be  kn  -wn  ami  be  called  by  suid  name,  and 
sliall  l»e  htir  at  law  ot  lie  my  Loi  g,  ol  said  Adunis  county, 
as  lolly  and  conii'lei»!v  <i<  lli-ini^h  he    wa>-'  his    niUmiil  son. 

^  J.  This  act  shall  lake  i  ffect  and  be  in  force  Iruiu  and 
•  f.er  its  passage. 

Apphovkd  ;  eb.  115,  IHoT. 


r^   II,  \mn  ^^-  ^CT  to  rLar>ge  the  iinm«B  of  I.;ipiir  jiml  Walm.t  f;ro\(  lo  Aftona. 

Si:tTio.««.  1.  lir  it  enacted  Uxj  the  people  of  the  state  oj 
llUn  in,  n pr«  m  titeit  in  the  (iemral  .7.v.v<  7/i />///,  That  the 
■mm -ftMfM  towi.  of  Lipnr  and  WhIhiiI  Grove,  in  the  county  ol  Knox, 
is  III  r**!))  clianijeil  to  Al'ona. 

§   -       Thi"  act  to  hi-  ill  lorce  from  and  after  its  passage. 

kvvxostv  Feb.  V'-t  1S07. 


Wm  \^%mP.        A5   hVT  aolTlorixing  lti»>  rom.ir  of    Mnronpln  lo  li-vjr  n  aperiul  tax  !♦ 

biiilil  fifi-  prniif  (ifTici'ii. 

Src.Tlof<    1.       //*•   //  riinrtnl  liij  the  people  of  the   stole  of 

lUinuiM^    reprmriitrd  in   the    (imernl  JitHernhftj^   That    the 

'Jiniair***^  county  court  ••!  thn  ciMtnt)  ol  Macoiipm,  be  uml   they  are 


661  1857. 

hert'i,  authorized  and  roqulr^d  to  levy  a  special  tax,  not 
exci  iig  two  mill'?  on  tivvry  oiie  liollnr's  wnrtli  o(  tax^lde 
prop  -.  *  V,  real  and  personal,  in  said  (;otinty,  t'i>r  tlie  purpose 
of  ei"  ;ing  fire  proof  offices  in  said  coiinly,  for  tlie  U'-e  of 
the  t  iiit  tcuit  and  recorder,  cleik  of  tlie  coun'y  court, 
sheii  '  :uid  treasurer  and  a-i<ies««or:  Pruvu/id,  the  K-^ai 
vote.  >  f  s^id  county  shitll  fi:st  so  decide  t)y  a  vote  tak^n 
for  t        purpose. 

&  .        Aiul  for  that   |)urojsc   the  said  county  court  are  BJ-'ciion  i«    m 

1  ii-j  I  I-  L         nolU. 

here  >   .luthonzed  and  required  to  order  an  election  to  be 

hold  1    II  said  coiinty,  on   Tuesday  after  the  first  Monday 

in  tl.  iiiinth  of  November  next. 

§  ;  Slid  election  slull   be  held    and   conducted  in  the 

sami  t  Kiuner   as  are   held    and    cuiducti  d   all    state    and 

com.  ,  '  lections  in  this  state, 

5  -:  If  the    lej^al  voters  ot   said  county  shall  decide  at 

said  i    ition    in  la'or  of  levying  said    tax,  then   ihe  said 

couii  ourt  are   fierehy  authorized   and    reijuired  to  hold 

a  sp-  '  if^rui  Oi    said  court  on    tlie  second     ru-sdny  next 

sue  ■'  said  election,  for  tlie  purpose  of  lev^wig  said 
tax. 

^  rtiis  act  to  take  effect  from  and  after  is  |  u.^sage. 

Ai n  ..VED  Feb.  lo,  1857. 


AN  Ai.  Icliargiiig  the  name  of  Charlie  Grannis  to  Charlie  Foster,  atid  Feb.  13,  188^. 
for  other  purpoaoa. 

Se<tion  1.  Be  il  etiacled  by  the  people  of  the  state  of 
l/iin  .  rf>presc7itefl  in  tke  General  ^ssemh/t/y  That  the  Name  cuam  e«J. 
r.ann  i  Cnarlie  Grannis,  an  adopted  child  of  Cephas  Fos- 
ter, h'^  «nd  the  same  is  hereby  eliaoged  to  Ciiarlie  Foster; 
and  t  >  by  that  name  he  be  and  hereby  is  invested  with 
all  t'  -^ii  riglits  and  incidents  pertaining  thereto,  with 
pow'  >  arquire,  hold  and  convey  property ,  real  and  per- 
sona!, ly  purchase,  inheritance  or  bequest;  and  that  here- 
by th''-<iitl  Charlie  Foster  is  investe<l  with  all  the  legal 
and  equitable  rights  of  heir-atdaw  of  the  said  Cephas  Fos- 
ter in  ciie  same  manner  and  to  the  same  extent  as  if  he 
were  .m  heir  of  the  body  of  the  said  Cepha.<!  Foster:  Pro-  j„hn  no..ker 
videe/,  /urt/ier,  that  John  Hooker,  of  Jackson  county,  shall  Jgl^rbip!'' 
be  n      'i-nd  to  all  the  rights  of  citizenship. 

§  This  act  shall  take  effect  from  and  after  its  pas- 

sage 

Ai'^>KovED  Feb.  lo,  lSo7. 


ii)   citt- 


1S57  552 

r««   11.  itF!.       j^y  ACT  'p  sn'hTSte  'b*  irwn  ct  '\\h\'r  H»n.  in  Gr'-eie  rourly,  to  take 
•itn  k  III  tt)r  Reck  lii'Mt  (I  ami  Altcn   Hailruail  Company. 

SkitIon  1.      Bt  if  tfujclttf  hy  the  jirnjle  if  the   sh:(f  vf 

////»».. It.    r»presrntttt  VI    thv     (iriulal  »iysinif  It/^   Tl  M  the 

Tm'-     •■•     Uir   tfWii  (if    Wlillt-    II<tll,     ill   tlie    (MiUlitV    Ol     (iMI'lif,    18   liti^by 

****  fnirliorixfii   It)  \»Uv   stoi'k  in    the    Uoik    Island    «nd  Aiton 

R«ilr«>Hii  C<>in|iMi  },  to  nn  Hinuunt  not  excffjing  tu.nty 
tlioiKHnii  (i()!lMr.«,  to  be  puii)  tor  in  ilii-  bends  of  tl>f  t.  wn 
ot  Wlni«-  II«II,  luiving  not  niort*  than  twenty  jears  to  •  nn, 
Mh«l  titMW  i>g  an  iiitrr- si  not  txeetdinL;  t«  n  jer  r«  n'  ()cr 
annum;  Hn«l  tor  tlutt  porpose  the  ecirjiorHte  iintlioii\i<  ..  of 
tlie  town  ol  Wiiitr  il.ill  are  hereby  auihoi  !/«•<)  to  ord*  i  an 
t  li-etion,  lor  wnd  ngtiinst  such  snhscripiitui;  of  w  hii-h  <  u-c- 
ti'^n  twenty  Jays*  notice  *>hall  be  gi\en,  in  manner  vmd 
form  a*  prescribed  by  law  tor  a  g^ntral  «lrction;  unci  in 
su>-li  no'ice  shall  be  stitted  the  anionnt  ot  btoi  k  to  i<e  Mib- 
serib»d,  the  time  the  boni's  to  be  isMU-il  have  to  run,  and 
the  rate  of  in  eresl  to  be  paid. 

§  "2.  The  election  shall  be  rcnidnoted  as  required  by  the 
general  law  regulating  eI»'Ctioi>s;  and  if  at  such  eleclnn  a 
m«jority  ot"  the  votes  cast  sliall  be  in  favor  of  subscription 
the  Corporate  authorities  of  White  Hall  shall  subsciib*- the 
stock  Voted,  aiu)  issue,  in  jiiivno  nt  tlu n  for,  flie  bci  «'s  of 
the  town  ot  While  Hall,  to  be  signed  hy  such  officer  or  offi- 
cern  as  the  said  <uithotities  may  <lire'  t. 
•!•' ut.  iJ   ')      The  corporate   authorities  of  the   town   of  White 

Hall  Jire  hereby  emj)owt  red  ;ind  directeo  to  levy  a  S|  «  rial 
t*\  and  make  such  other  provisions  as  may  be  necessary 
•lid  proper  for  the  ])rt)mpt  pa%  ment  of  the  interest  thai  muy 
■cciiie  on  any  txitids  i.osu<  d  under  the  pio\isi(iiir  oi  >his 
law,  and  for  the  payment  of  the  print  i|  al  uhtn  it  siiall 
mature. 

^    I.     This  act  shall  be  in  force  from  and  itftcr  its  pas- 
lagp. 

Approved  Feb.  lo,  1857. 


^ 


AN  Af'T  to  f^Tipr,  amnxl  afifl  rr.rfir/li>l.it«»  nn  act  pulltlnl  "An  actio  ln- 
<  ',  '  r  ji»  I  be  l>ir^  lUn'r  ,ii  d  \  otU  .lii  rii<  ii  Kjiilicad  ('"iii|ini  j  '  ap- 
;•  -:  F'li  "Jiify  rj'h,  l><.')3,  ai  ■!  Ilir  a< !  cinri  datoiy  llitr»'<  I,  m|  ji'VPtl 
i  ''  :  i.iiy  ^'ttb,  1H6I,  Mbd  tlic  oDirii'lal'iry  act,  approved  FebiiiHi>  Hlh, 


1' 


Section  1.  /ir  il  nmrlrd  hy  l/ir  projilv  a/  the  statr  of 
Iltiui'i%.  rrjtrrsiiilril  in  (he  iivueriil  JhsdnUhj^  'J'hat  M  -rti- 
roer  O'Kean,  James  Farringion,  CliHtincej  liost,  S'^muel 
Crawford,  F.dward  Cnndit,  John  !>•  Stocking  and  S.  J. 
Smith,  ar.d  all  such  other  pei<i<ins  aw  Hhall  hen  after  be- 
come ftorkholders  in  the  cnmpi'ny  hrrehy  in( orpoi  itied 
Rhall  hr  ■  body  poliiir  and  cor|MirAte  b\  the  iiRme  and  hiylo 
•ut«w«^r-.    ol  ».  Xhe  Terre  Haute  and  St.  ].ouih  Kailroad  Comj.any," 


553  1857. 

with  perpetiiil  iincrcssion ;  and  l<y  lint  name  and  ptjle 
sImII  hf  ca|»it^)le  in  law  ot  taking;,  luiril  a<irg,  liohlii  g, 
leasiiiu,  St- 1 1 II. g  and  conve}  ing  e8tatf  ant)  |  inpf  n>  ,  uli*-ilier 
reul,  |)trsundl  or  niixt-d,  so  far  as  tlie  pune  iiiH\  he  n«  «es- 
sary  lur  tlie  piii  puses  hereinalter  nit-niioned;  ;ind  in  Heir 
cor|jorate  nanu-  may  sue  and  he  sued;  have  a  «•.  n  innn 
seal;  and  may  liave  and  t  xer*  isu  all  |n»wers,  riijlMs,  jitivi- 
leges  and  immunities  which  are  or  may  he  necessary  to 
cart)  inti)  ettVct  the  |ur})(ises  and  ohj.-cts  ot  this  act  as 
tlir  saint-  ate  liereinafttr  f^et  loilli 

6  -i    Tl«f  "^aid  railroiid  rompanv  sliall  lia\e  full  iinwir  and  R-nirMrt,  wb«r« 
authorit)  to  h)i-ate,  constru'  ».  lurnisli  and  maintain  a  rnil- 
roud,  with  one  or  more  tracks,  commt-ncing  on  the  eastern 
line  of  the  state  of  Illinois,  at  such   jiuint,  within   ten  miles 
north  or  south   of  wl«ere  the  state  line   leaves  the  VVahash 
river,  as  may  or  will  coniiect  directly  with  a  litu-  ot  road  in 
the  state  of  Indiana,  loiated  or   constincud  to   said  |inint, 
from  the  town  of  Terre   Ha"te,  and   running  from   then«e 
wtstwaroly  on   the   most  direct  feasible  rou'e,  ?«>  the  said 
Cor|»ordtion  may  designate,  passing  through  Vanca'ia,  to  a 
point  on  the  Mississippi  river,  oppo'site  St.  L»nis;  or  t«>ex-  TcmnrTit       er 
tend   t'j  and   connect  with  some   railroad   running  theiet'*; 
and  to  take  and  carry  jjropertj  and  peisotis  upon  said  rail- 
road, hy    any  force   or  power    which   said    company    nt»y 
choose  to  apply  or  use.     And  for  the  purpose  of  construct-  ohjccti.orcorp«- 
intz  sai»l  railroad   said   rompanv   shall  have    authority    and    "li  n  rd-i  •«• 
power  to   lay   out,   designate  and   establish   tlieir   road,  in    eu  nicreunu.. 
width  not  exceeding  one    hundred  and    fifty  feet,  through 
the  entire  line  thereof;  and    may  take    and   appropriate  tr» 
their  own  use  all  such  lands,  so  designated  for  the  line  and 
construction  of  said  railroad,  upon  first  pay  ing  or  tend*  r- 
ing  thareforsuch  auiount  of  damage  as  shall  have  been  set- 
led  by  agreen.ent  or  apjiraisal,  in  manner  heieinafter  pro- 
vid»d;  on   all   such    lantK   so   designated   for  the  line   and 
construction  of  said  railroad,    and    such    lands  as   may  be 
taken,  or  upon    any  track    which   may  he  located  by   said 
companv;  and  for  the  purpose  of  embankments,  cuttings, 
obtaining  stone,  gravel  and  sand,  may  take  and  apprnpiiate 
as  iiHH  li  more    land    as   may    be   necessary  for   the    proper 
construction,  maintenance  and    security  ol   said  road;  and  ;^,„h,,rity  lo  ••- 
for  constrnctioii  suchdi-iiots  and  other  suitable,  iiroiier  and    "'P'  '»"«*•  •*•- 
CtMivenieiil  nxtures,  m  connection   with   and   ii|>|>«.rtaii  ing    miiruadUMk. 
to  Said  railroad,  may  ttke,  have,  use  and  occupy  any  lands. 
Upon  either  side  of  said  railroad,  not  exceeding  two  hun- 
dred feet  in  depth  from  said  f-ailriad,  said  company  taking 
all  sucli  lands  by  gift,  purchase  or  condemnation,  and  ma- 
king satisfaction  for  tl  e   same  as  hereinalter  provided. 

§   o.      The   said    company,    and,   under   their  direction,  ^^^^^   ^^    ^^^ 
their  agents,  servants  and  workmen,  are  hereby  authori;te(i    pri,»i<i»»i  lor. 
and  eirpt)wered  to  enter  into  and  upon  the  lands  or  grounds 


1«57. 


554 


M    *< 


of  or  belonging  to  the  state,  to  nny  p*  rson  or  persons, 
l>.».'v  pt»lili«"  or  rorporate,  ami  siirxi-y  him!  lrtk«'  l«ii«is  of 
llie  saiuf,  or  »nv  p«»r»  tlii-reof,  and  st-t  out  ami  aisoeitain 
such  parls  as  ttU'>  inn\  think  nec»*ssary  and  proper  lor  the 
ni:»ki!»i»  of  sail!  railniad;  and  for  all  the  purposi-js  connect- 
(d  viMi  said  railroad,  for  which  Siiid  corpoi  ittion,  l>3  Uu- Ifist 
irecrilini^  s<M-tion  !■<  authorizt'd  ti»  have,  take  ami  «ppr'>pri- 
ate  an\  lands  an  I  to  frll  and  cnt  down  trees  or  ti«ih«r,  sti.nd- 
'HK  «»r  htin;^  wii  liin  one  )ninilre<i  fct't  on  each  side  of  said  line 
of  sani  r<iilro:id.  tin*  damages  occasioned  hy  thefilliiijT  of 
such  tiinb«r,  unless  otherwise  settled,  to  be  assessed  and 
"^  paid  for  io  manner  hereinafter  provided  tor  assessing  ai>d 
paNinir  damages  for  iantis  takrn  for  tlie  use  rf  saiil  fail- 
road  coinpanv;  al<(j,  from  time  to  time,  to  alter,  rtpair, 
aint'nd,  wulen  or  nnlarije  the  same,  or  of  the  conveniences 
a^uve  mimed,  as  well  ft<r  earrjing  persons,  goods,  wares 
t»r  merchandize,  commodities,  timtjer  or  other  things,  to 
Hn«l  up. )n  said  railroad,  or  torconvr}ing  all  manner-  f  ma- 
tt-rials necessary  fur  tnaking,  erecting,  Minii-;liing,  al- 
teiiiii;,  rrp.»irit)g,  amentling  or  eidarqiig  the  works  of  or 
connected  witli  .-^aid  railroad,  and  to  conira(*t  ^nd  agree 
with  l!ie  owner  or  <)wners  there<»t  for  eai  th,  timber,  gr.ivel, 
Blone  or  oMu  r  material,  or  any  article  whatt  ver,  wl  ich 
nny  he  wanted  in  tlu>  construi-tion  or  repair  of  said  rail- 
roj<l,  or  any  ot  its  appnrtmances — the  said  company  do- 
inir  ns  little  damage  a>»  possible  in  the  execution  «»f  said 
powers  hereby  granted,  and  making  .<atistaciioii  in  the 
iiiiinner  hereinafter  mentioned,  for  all  damages  to  be  sus* 
tained  by  the  owrters  or  occupiers  of  said  land. 

§  1.  The  said  company  sb.»ll  have  power  and  authority 
•J  to  receive,  tak«  arid  hold  all  such  voluntary  grants  and 
,1.  donatioti.s  of  lands  and  real  •■state,  lor  the  purposes  of  said 
r<tilr<)dd,  114  may  or  'ihall  be  made  to  sai'l  compan},  in  the 
con-truction,  maint  -nance  and  accoMimodaiion  ol  said  raii< 
road;  and  naid  company  may  ctintract  and  agree  with  the 
owii»  ri  or  occupiers  of  an)  lands  upon  which  said  com- 
pany wish  to  use  or  occupy  lor  the  pur|)o'je,  stone,  gravel 
or  e»  b'-r  or  other  material,  to  be  used  in  embankments  or 
o'h*  rwise,  in  or  nb«»ut  the  r'onstruction,  repair,  or  ecjfiy- 
m>-ni)(  of  .laid  railroad,  or  w  :ich  saii  company  may  wish 
to  use  or  occupy  in  any  tnaunei-  nr  for  nny  pin  pose  con- 
nected with  s.iid  railroad,  for  which  said  company  is  em- 
powererl  and  authori/<fl  by  Ibis  act  to  take,  have  or  ap- 
propriftte  any  land*;  and  receive  ai  I  take  grants  and  con- 
veyau  'vn  of  any  and  all  interes'Ji  and  estates  therein  and 
t<i  ih^-m  nnd  their  successf»rs  or  assigns,  in  fe»-  or  other- 
wi«>e;  and  in  caie  Raid  company  cannot  agree  with  the 
■  uc'i  ownert  or  occupiers  of  •'ucli  land'*,  us  aforesaid,  so 
•«  to  prncuff!  the  same,  by  the  vidnntary  deed  '^r  act  of 
•uch  owner*  or  occupiem  thereof,  or  il   tlie  owners  or  oc- 


555  1857. 

cup'    i  <<  or  any  of  them  be  fernmc  cuveri,  infant,  non  cum- 

jjus        n/i-^y  unknown   or  out   of  tlie  (•t)uijty    in    wliii-h  the 

lann  >  iir  property  want<'d  may  lie  or  be  situated,  tl  e  SHine 

ma\    '.  e   taken  and   paid  for,  if  auy  ddina^rs  are  awarded, 

in  t*.     ini.nnt-r  |)r()\ided  in  the  ;ict  to  providt;  for  a  general 

syst    .1   of   railroad   ino  trj)oration9,    approved    Novtniber 

Alh,  ';  ^  H),  and  the  sev»?ral   acts   amendatory   thi-reto;  and 

the     iial  decision  or   award   sliall  vest    in   tlie  corporation 

hen  !)\    created    all   the  rights,   privileges,  franchises  and 

imni'  lilies    in   said    act    contemplated  :    tVwf/,  provided^ 

any     .  >peal    that   may    be   allowed    under    the   provi^iuns 

oft        ihove  rtcittd  acl  or  the  amendments  ther»'to  or  l)y 

virt       ■  f  any  grneral  law  of  this  state,  shall  not   atTect  the 

pos-      'ion  oi  said  con)p(iny    oJ   the    lands  appraised;  and 

wh»      I  he  appeal  may  be  taken  or  writ  ot  error  prost.cu«ed    ,,.,i-  .i  i  p.o«- 

by  .     >  person  or  j)ersons  other  than  i he  said  compau},  the    ^"""'"'• 

sail        itall  not  be  allowed,  except  on  the  sti   ulatrMi  of  the 

par'  .   -o  appealing  or  prosecuting  such  writ  of  erior,  that 

the       (  i  company  may  enter   upon  and  use  the  lai.fis  drs- 

cri'  ■       ill   the  petition,  for  the  uses   and    purposes  therein 

set  ;    i   II,   upon  said   company  giving  bond   and  security, 

appitfveil  by  the  clerk  of  said  court,  that  they  will  pay  to 

the  ;•    .ty  sd  i  ppeaNng  or  prosecuting  such  writ  of  error, 

wit         ;hirty  days  nffer  the  rendition  tlic/eof,  or  loileit  all 

rig   '      >  \i<^ti  ilie  lands  or  way  so  condeinned. 

§     '       Tlie  capital    stock  of  said  ctimpany  shall   be  one  Am .nnt of  Mp*. 
million  of  dollars,  which  said  capital  slock  may  be  increased,   laieUK:^. 
wh   n  necessary,  to  any  amount,  not  exceecingthe  actual 
estiin;i'ed  cost  of  constructing  and  ei^uip[H"g  their  saiil  rail- 
roar^f  a-'d  sub3crij)tiori  to  the  increased  cajutal  stock  may 
be  mill,',  from  lime  to  time,  as  may  be  ordered  and  direct- 
ed by  the  board  of  directors  of  the  said  railroad  company; 
whi    h  sock  may  be   divided   into  shares  of  one   hundred  pivuion         •{ 
dolliir-*  t  ach,  wliich   shall   be   deemed   per-^onal   property,    '•''^■■'^*- 
and  lu.tv  be  issued,  certified,  transferred  and  regis'ercd  in 
sue     Ti^tiner  and  at  such  places  as  may  be  ordered  by  the 
bo.:  directors,   who  shall   have  power  to  require  the 

pav  !  of  stock   subscribed   in    mani.er  and  at  the  time 

an(*  !.  -  iich  sums  a?  they  may  direct;  and  on  refusal  or  ne- 
gle  t  on  part  of  stockholders  or  any  of  them  to  make 
pa^iiK.t  on  the  reijiii^jtiou  of  the  hoard  of  directors, 
the  u  I  board  of  directors  may  collect  tiie  same  by 
leg'!  I  iceedings,  or  the  share  or  sl;ar<  s  of  such  dt  liu- 
qu(.ii  fM»y,  after  thirty  ila^s'  public  notice,  be  sold  at  pub- 
lic ii;.  lion,  under  such  rules  a?  the:  directors  may  adopt, 
the  -  /j.ius  money,  if  any  remains,  after  deductiiig  tlie 
pa\  I  .  ii'i  due,  with  the  interest  and  necessary  co:ts  of 
sal'      t  '  be  paid  to  the  delinqueiit   stockholder.      The  ner- 

'  .         ,        »  '  f  .  1   •  .1  1  1  Kumf*    at    ten' 

Foi  inert  in  the  first  section  of  this  act  be  and  are  here*    wiwionor*     i« 

by  dnted  commissioners;  a  lutjority  of  whom  may  open   IJ^rcnp-uV  "^ 


1857.  556 

bnok^  of  sub<cripli»Mi  to  ilir  stock  of  said  rnmpanv;  -^nd 
wlir-ii  tl)**  Sinn  of  <)iM>  liiiiiJi«-«i  itioiisHDCi  ()iilltii8  i>l  ^aid 
iHork  <IihII  l»f  suhst*rtl»P(t  niul  ti\e  jitr  cmt.  tlieinui  I'lily 
iiai<i  the  9(k'\i\  rDnninssionTs  sIimII  itoiitv  tl  r  stocklidltS  rs^ 
ill  th«'  iUHniuT  ln-rt-iuHftHr  |>r«»\  i(if<l,  to  «-l»'rt  a  boniM  of 
ninr  dirtTtor-*  to  maiiHge  tin-  HfTiiis  of  s»i«l  coin))H«i>.  and 
it  sliall  hv  lawful  lor  sa"d  '^•••injtaiiy  to  comuu'iicf  the  »'on- 
8trnrlioi\  of  .««id  i  "•»  i 

Ai* »<«vr T**«^  §  <»•  -^1'  '''•'  rt>i|)or«tt'  poweis  of  SHJd  roiupan)  sli  '!be 
ni>Mr>i  udi-  vp5i^jj  i„  „p,|  r-x,Tris»'(l  l)v  M  I  oard  ()l  (liroolors,  to  ci  i  smsI 
of  nine,  aiul  smoIi  o'her  officers,  ai»»iits  and  servants  as 
they  shall  appoint.  \  MPanries  in  the  boani  of  diri*  U»rs 
nia\  be  fillrit  b\  a  vote  of  two  tliir«is  of  the  diiect(us  re- 
n)aimi'l»;  such  appi  inl<*es  tot'ontimu'  in  otficr  until  tlir  i  fxt 
aiiniial  ♦h'l'tion  of  direct(»rs;  and  w'  idi  said  annual  <lrc- 
tion  shall  he  lold  at  such  time  and  place,  as  may  he  Ot  -  ig- 
nuted  and  fixe«i  by  the  by-laws  of  said  company,  ti.irty 
dftjs'  printed  notice  bein^  given  in  two  newspaperf  tiuv- 
ing  circulation  along  the  line  of  said  railioad. 

Baiu  of  Tei«« to       ^   7.      At  any  t  lection  held  for  ('ircctors,  each  share   of 

*«r».  ^  (b^k.  j5(pj,|^^  upon  wliioh  all  calls  or  usstssments  duetu«nty 
days  prior  to  said  elt'ction  have  been  j-aid,  .«»liall  be  entitled 
to  one  vole,  to  b«  given  either  in  person  or  by  prox> ;  and 
the  persons  r»  cei\  ing  the  largt-st  number  of  votes  to  be  «le- 
clar»cl  duly  elected,  and  to  hold  lloir  offict'S  until  the  next. 
aiinu<il  electiort,  and  until  their  successors  are  electt  d  and 
quiiiitied.  All  elections  lor  directors  to  be  condu»'t»(t  by 
three  judges,  Se|ecte«l    by  the  Stocklioldei  s  present. 

o*Mt«*(b>kfi.  5  M.  The  directors  are  rerniiieil  to  organize  the  b.>  ird, 
by  electing  on«!  of  their  number  president,  and  eli-i  i  a 
fecreiary  and   trea«:iir<  r. 

^  '.t.  The  Said  comp^iny  shall  have  po\v«'r  t"  jxir*  tse 
•  nd  contr  ct  hir  arn!  placj-  on  the  railroad  hereby  ain'or- 
iz'-d  In  be  coris'ruc'ed  till  machines,  cair  iag«'S,  and  xehn  es, 
of  every  description,  which  they  may  deem  neco.ssaiy  and 
proper  for  the  pitrpoiic  of  transportation  on  said  road;  nfl 
they  5ihall  have  power  to  charge  for  tolls  and  tran-^pf  i  la- 
ti«Mi  and  rates  of  fare  such  sums  as  shall  bo  lawfully  e>  ab- 
iMheil  by  the  by-laws  at   said  comjiany. 

•«  u*«  aM  ^  It).  Said  c'>m|>ary  ohall  have  power  to  make,  oiluin 
2^2^,'*'**  and  estHbli«li  al!  such  by-laws,  rules  and  rcguhilioii  as 
m^y  ^e  deemed  ftXpedieiit  and  necessary  to  fulfill  the  piir- 
po«e<  and  i-arry  into  effect  the  prciii^ions  of  this  ac',  iiid 
for  the  well  ordering  and  securing  the  affairs,  business  tnd 
intere«ts  of  •aid  cr>mpany  :  /'rm /,/,//,  that  the  same  b<-  not 
rfpognai.t  to  the  constitution  and  laws  ol  the  United  St.itei 
or  ol  iliiii  ftate. 

#•»>--»:    ■'-       ^    11       Whenever  it  shall  be  necessary,  for  the  construc- 

*ul  tion  of  «*id  railroid,  to   intersect    or  cross   a  tracik  ••{    uny 

"^^ '"  "  """    other  Tijail,  riiilroad,  or  Rtrearn  of  water,  or  water  com  o!, 

lying   on  liie  route   uf  ««aid   ludroad,   il  shall    be  lawlul    lur 


557  1857. 


the  v'ompany  to  con^triict  their  railtoad  jcross  or  upon  the 
saiiii  ;  iliat  Idi  tlie  }'ur)M;.>ie  ol  exteiKDiig  tlieir  snid  lailruad 
aciii  s  the  Wabash  livfr,  to  connect  ami  f xtt- nd  llicsaiut'  to 
Terre  II ante,  llie  jjrivilt-ge  o\  bi  idging  said  istreain  is  l.cie- 
b}  granted  to  said  cotiipan}  :  Pruvu/t  U,  that  the  said  coiu- 
paiiy  shall  reslore  the  roa,  r.-ilroad,  stream  of  wnter,  or 
waitr  course,  lo  its  l".)riiier  state,  or  in  a  .«nthci»-iit  manner 
not  niateiiall^  iin|»air  its  useluUiesb:  »7/u/,  //7-ot  u/<  (/,  Jiir- 
ihc/'y  ihdt  t'e  biiclge  so  to  be  erected  across  the  VVabush 
river  shall  be  provided  with  draws  of  sutficit  nt  wid'h  lor 
the  j)assage  ot  any  boats  or  other  craft  navigating  said 
rivei ;  that  said  draw  shall  at  all  times  be  kepi  in  good  re- 
pair, and  that  attentive  persons  sliail  at  all  limes  be  in 
reaciiness  to  open  the  same,  So  as  to  cause  as  little  delay 
as  pos.'^iule. 

§  12.     The  said  company  shall,  annually  or  semiannu-  uivi.icnds  to  b« 
allrj  make  such  dividends  as  they  may  deem  j)roper  of  the    <J^"*'«*^- 
net  profits  f)r  income  ol   sdid   company  among   the   stock- 
hohiers   therein,  m    proper   propuilion  to  their  refpeclivc 
shares. 

§  l;J.     If  any  prrson  shall  do  or  cause  to  be  done,  or  aid  c-ncormns    ic- 
in  doing  or  causing  to   be  uoiie,  any  act  or  acts   whatso-    ^p.^eny „? nid 
ever,  whereby  any  building,  or  structure,  or  work,  of  said    <^^p*o)/- 
compiui),  or  i.ny    engine,    machine,  or  structure,  or   any 
m  liter  or  tiiir.g  appertaining  to  the  same,  shall  be  stopped, 
ob'^iructed,  iuijtaired  or  wakened,  injured  or   destro}ed, 
the  person  or  pers«»ns  so  olFr  iiduig  shall  be  guilty  of  a  mis- 
demeanor, and  may  be  punished,  upon  Cuiivietion,  b}   fine, 
in  any  sum    not  exceeding  five  }  ears,  or  both,  at  the  dis- 
cretiou  of  the  couit,  and   shall   lorfeit  and   pay  to  the  said 
corporation  treble   the    amount  of  damages   sustained    by 
rea~-on  of  said   offence   or  injury  ;   to  be   recovered   in  the 
name  of  the  company,  with   costs  of  suit,  in   an   action  of 
trespass,  before  any  justice  ol   the  peace  of  this   state,  or 
before  any  court  having  jurisdiction  thereof. 

^  14.     Said   company   shall   have   the    power  to   unite,  conneciionn 
COM  ect  or  consolidate  its  railroad  with  any  other  railroad,    r,)i.is or con*oU- 
now  constructed  or  which   may  hereatter  be  constructed,    ''^"''"*- 
either  in  this  state  or  in  the  state  of  Indiana,  upon  such 
terms  as  may  be  mutually  agreed  uport   between  the  cnm- 
paniis  uniting,   connecting  or  consolidating  ;  and   for  that 
purj  f  se  full  power  is  hereby   given  to  said    comjiany   to 
nirike   and   execute  such   contracts   with  any  other   com- 
pany as  will  secure  the  objects  of  such  connection  or  con- 
aolulaiion.     And    the   said    corporation   may   furthermore  i<"'»*^  "r 
lea^e  or   purchase,  upon   s:ich   terms   as   may   be   agreed    roKi*." 
Up   IK   any  otht  r   road  or  parts  of  road,  either  wholly  or 
pa  'i.iily  constructed,  which  may  constitute  or  be  adopted 
as    1  part  of  their  main  line,  between  the  points  designated 
in  N  e  first  section  of  this  act,  and  which  they  are  ir  cor- 


oUtCf 


1S57.  ^'^ 

noratfil  to  coiK«trmt;  and  by  such  lease  or  purclias*  (hey 
Khali  jtrijuire  H'ui  b»-K*oiiio  vested  with,  all  tlie  right  and 
Iraiiohisrs  pertaiiiini;  to  siioh  road  or  j) art  ot  road  so  '  ased 
or  |i'ircli«<t'd,  in  the  rii^ht  o\  way,  construction,  ui  mte- 
lunce  and  wmkina;  tlureof. 

§  15.  Said  roiiiptt!iy  i'^  hereby  authorired,  from  t  neto 
time,  to  borrow  siuh  sum  nr  svifns  ot"  money  as  u\  y  be 
neoess  .ry  '"r  eoniphtinp,  ei|nij)|iing  and  luinisliir^  heir 
paid  riulri>Hil,  and  \o  issue  and  <.iisj)Ose  of  their  boi  s,  in 
di  nouunaiions  ol"  not  less  than  fi\  e  hundred  iloihirs,  a'  such 
rate  ot  interest,  not  excerdin^  seven  per  cent,  jxr  an  lum, 
and  at  such  discount  as  may  be  thought  for  tlie  ben*  lit  of 
the  company  and  to  mortgage  their  corporate  p-Oj-erty 
and  franeltists  or  conxej  the  sanu'  hy  deed  of  tin  t,  to 
.•seture  the  payment  ol  any  debt  contracted  by  said  .'om- 
pany,  lor  the  purposes  aluresaid  ;  ami  the  directors  r.i'said 
company  may  confer  on  any  bundliolder  of  any  bond  i  sued 
for  m  *ney  borrowed,  as  atoresuid,  the  right  to  conveit  the 
prill  jipal  vine  or  owin;  thereon  into  stock  of  said  coiinany, 
at  any  time,  not  exceeiling  ten  years  from  the  date  >'l"the 
bond,  under  sii'.-h  regulations  as  the  <linctors  of  said  com- 
pany may  se»;  fit  to  adopt.  And  Miy  such  bonds  that  in  .y  be 
sold  or  diitpused  of  at  ji  less  rate  than  par  shall  be  :  s  valid 
and  binding  Uj).)n  ^•aid  company  as  if  the  same  wer^-  .-old 
for  the  par  value  thereof. 
rtm»  Oft  b»tto-  ^  l*'.  The  said  corporation  shall  commence  the  con- 
UMi*  'i^'^rid  struclion  of  its  said  roati  witliin  six  years  and  con)plete 
the?  same  within  ten  years  from  llie  pa^^sage  of  this  act. 

^  IT.  Tlie  directvir^  of  said  company  shall  have  power, 
iTch.-rj  within  two  years  alter  its  organization,  to  chahgv-  the 
corporat*»  namn  of  said  company,  hy  adopting  a  resolution, 
specifying  su«.'li  iiiun*',  causing  II. e  same  to  lie  recoriic  d  in 
1h>-ir  own  jouriiil  and  in  the  Si>veral  counties  through 
which  the  line  (tf  said  iohu  may  iun,and  causin;;  the  same 
to  be  published  in  two  newvpapcrs  at  Sj)ringfield,  and  in 
one  paper  in  each  county  i-n  the  iin»;  oi  .laid  road,  .vhero 
a  newspaper  in  ptioliihed. 

5  1"^.  .\n  act  enfiiled  "An  act  to  incorporate  the  Terre 
Haute  and  Y<>.k  Junrtion  Railroad  Company,"  approved 
Felyruary  1-th,  IM.');.,  and  the  several  acts  amendatory 
thereof,  approved  February  12th,  I.S54,  and  I'cbruary 
14th.  \H'i.'t,  are  hereby  rept  aled. 

§  I'.t.  Thiw  act  to  take  effect  and  he  in  force  i'l  m  and 
after  it*  pannage. 

ArraovEO  Feb.  lli,  1867. 


rtttvtA 

ml  •! 


•I 


)59  1857. 


AN    ACT  to  incorporate  fhp  Chicirro,  Ain'my  and   Upper    MiBsissippi  Kcb  ja,  iBft7. 
Uailroait  Cuiiipany. 

Section  1.  Be  it  eunclcd  htj  the  peojih  of  the  state  of 
Ulinois^  represented  m  the  General  j^sscT/ih/i/,  'J  hat  all  c  rpormor. 
such  persons  as  shall  heonme  stockholdt'r<,  a«^ieeRhly  lo 
the  pF'tvisions  of  the  corporation  Iiereby  cr»'ate(],  shall  b( , 
and  for  the  tern-  of  ninety  >ears  I'roni  and  after  the  passage 
of  this  act,  shal!  contiime  to  be  a  body  corpoiate  and  poli- 
tic, by  the  name  of  "The  Chicago,  Ainboy  and  Upp'T ''[;,'^;'*"'»'^"- 
Mississippi  Railroad  Company  ;"  and  by  that  name  sli:\ll 
have  succession,  for  the  term  of  years  above  specifird  ; 
may  sue-  and  be  sued,  complain  and  defend,  in  an}  court  General  r<.w*'»- 
of  law  or  equity  ;  may  malie  and  use  a  common  seal,  and 
alter  the  same  at  pleasure  ;  may  make  b}-laws,  rules  and 
regiilations  of  its  afTairs  and  for  the  transfer  of  its  -^toek, 
not  inconsistent  with  the  existing  laws  and  constitution  of 
this  state  or  the  United  Staes ;  and  may  appoint  such 
agents  and  servants  as  the  busiutss  of  the  said  company 
may  require,  prescribe  their  duli»s,  and  require  bouds  for 
tlie  faithful  pertbrmaoce  thereof. 

§  2.  That  J.  V  H.  Judd,  Wm.  Marshall,  J.  R  G. 
Ciendenin,  Jamns  McClerian,  Jas.  G.  Wright,  A.  B  f  mi'.h, 
R,  B.  Mason,  Geo.  VV.  Gage,  Jacob  P.  Black,  Lewis  Stew- 
art, Jno.  B.  Wyman,  Morris  Sleight,  Hiram  Harmon,  

Brigham,  A.  J.  Mattson,  Josh.  Naper,  Lewis  B  Judson, 
and  Walter  Loucks,  be  and  tliey  are  hereby  appointed 
commissioners,  for  the  purpose  of  procuring  subscriptions 
to  the  capital  stock  of  said  companj,  whose  duty  it  shall 
be  to  open  books  for  subscii|)lions  to  the  ca})ital  stock  of 
said  company,  giving  notice  of  the  time  and  place  when 
and  where  said  books  will  be  ojiened,  at  least  thirty  days 
previous  thereto,  by  publication  in  some  ncwspcptrs 
published  in  Cliicago,  Oswego,  Naperville  and  Amboy,  if 
newspaper  shall  be  published  therein.  The  said  con  mis- 
siorjefj,  or  a  majority  of  them,  shall  attend  at  the  phces 
appointed  for  the  opening  of  said  books,  and  shall  con- 
tiO'ie  to  receive  subscriptions,  either  personally  or  by 
such  agents  as  they  shall  a])point  for  that  purpose,  un'il 
the  sum  of  three  hundred  thousand  dollars  shall  have 
been  subscribed;  and  as  soon  as  said  sum  of  three  hundred 
thousand  dollars  shall  be  subscribed  the  said  commis- 
sioners shall  give  twenty  days'  notice,  by  publica'ion  in 
newspapers  in  Chicago,  Oswego,  Naperville  and  Amhov, 
if  such  papers  arc  published  therein,  of  an  election  by 
said  stockholders  of  a  board  of  directors,  as  hereinafter 
provided,  for  the  management  of  said  company.  At  such 
time  and  place,  so  appointed  for  that  purpose,  the  com- 
missioners, or  a  majority  of  tin  in,  shall  altend  and  act  as 
inspectors  of  said  election;  and  the  stockholders  present 


1S57.  r>60 

ah«ll  proctMil  to  flnct  tliirttfn  directors,  hy  ball«>t^  and 
tlif  v<>»iunis<ioit«-rs  presfut  sIimII  Cfrtil'v  ilu-  n-sult  (•!  <iu'li 
elrtMton.  iiiidt  r  titfir  liamls,  uliii-li  i-t-i  tifu'.tte  8liall  be 
m*(ii<iid  ill  tilt*  ncurd  l>iu>k  of  s^id  ci)m|i.iny,  and  vliall 
be  Mi(R.'ir*nl  I'videnoe  ol  the  ♦•Ifctiun  of  tin*  dirt-rtors 
tbrrt  in  ntiint-d.  Tlie  dirt- dors  tlius  cltH'tt-d  sball  hold 
otfii'«-  r»r  one  }fHr,  an>l  until  tluir  successors  arc  tiected 
and  (|Ui<lirit-(). 

^  3.  The  eapil.il  stiu''c  of  snid  oninpatiy  slmll  be  one 
million  of  dollars,  which  shall  be  (ii\  utcd  into  shares  of 
one  hiindrfd  tiollars  t-aeh,  and  U'.ay  he  increased  by  tlie 
diff  et  )rs  ot  sold  eonipanj  to  any  sum  necissury  to  complete 
the  woiLs  herein  authorized;  and  the  same  shull  be  Mub* 
Fcri^fd  for  and  takiMi  under  the  direcli(»n  of  the  board  of 
directors  of  said  company,  at  such  time  and  in  such  place 
and  manner  as  the  said  liirectors  shall  fiom  time  to  time 
dir»Mt.  And  those  persons  who  ha\««  already  snbsctihed 
to  said  contemplated  road  may  ^>j'l''}  ^>^id  suliscription  to 
said  o-lock;  and  the  amount  already  paid  for  preliminary 
surveys  shall  apply  and  be  considered  as  so  much  paid  on 
said  st'H'k  suhsi-ribed  by  said  partn-s.  'JMie  shares  ot  s  tid 
ca|iitdl  stock  of  said  coinj^ny  shull  be  deemed  and  con- 
sidered as  |iersonal  propel  ly. 

§  4.  The  alFiirs  of  said  company  shall  be  maniif^ed 
by  a  board  of  thirteen  directors,  to  be  chosen  annvially 
by  the  stockholders,  from  among  themselves.  At  all 
elections  f«ir  direetors  eaih  stockhtdder  shall  be  entitled 
to  one  vnN*  for  each  share  of  stock  Ik  Id  by  him,  and  may 
vote  pervonaily  or  b)  proxy;  and  a  pliiitility  of  the  V()teS 
given  at  any  election  shall  d)-termine  tlie  elkoice.  The 
dire<*t<*r4  shall  hohl  tlu-ir  otfices  for  one  3  ear  after  their 
elpctinn  and  until  their  suircessors  are  elected  and  quali- 
fied, and  xhali  t-l*  ct  one  id  t'>eir  number  as  ])n'sid(Mit  of 
Said  biMni;  and  in  case  of  any  vacimey  occurring  in  said 
board  of  dirfetor*-,  heiwe«n  election^,  the  same  may  be 
filled  bv  the  boaid,  at  any  b-^rtl  iiii-ftiiig  ot  the  directors; 
and  the  perxon  no  idected  to  (ill  the  vacancy  shall  liold 
liif  orficK  until  the  next  annual  meeting  of  the  stockhold- 
ers. Ill  ca^ie  of  the  absence  of  the  president  of  the 
board,  the  direetors  shall  have  power  to  ele<"t  a  jiresident, 
prtt  /tNi/rirr,  who  xhall  ex*  reise,  Inr  the  time  being,  all 
the    legal  powers  of   the  president  of  Snid   boiird. 

^  ft.  It  shall  be  lawful  for  the  directors  to  make  calls 
upon  the  Miimt  iiibscribed  to  the  capital  stock  of  said 
company,  at  such  timi-s  and  in  such  amounts  as  they  shall 
drrm  fit,  n.-t  ex  •ei'ding  five  per  rent,  per  inuirth  nor  more 
timn  fify  per  rent,  per  year,  gi\  log  at  least  thirty  days' 
nolir**  of  earh  of  said  calls  in  at  least  tliree  newspajters 
published  in  the  vicinity  of  sani  road;  and  in  case  of 
failure   on  the  part   of   any  »tockhold«T   to  make  pnymcnt 


er«*V4«r«        M^ 


r«r«»«*  I  «*•••<« 


561  1857. 

of  any  call,  made  as  aforesaid  by  the  said  directors,  for  sixty 
dajs  alter  the  same  shall  have  been  due,  the  said  boHrd 
of  said  directors  are  l.ert- by  ttuthon/t-d  to  declare  said  8to<'k 
so  in  arrears  aiul  all  suiih  paid  ther.'on  t'ortVitt-d  to  the 
COin,»'iny;  or  the  s<<id  directors  may  tutorce  the  pa^iiient 
of  tlir*  who  e  amoiuit  subscribed  by  any  stockhol'ler. 

^  6.  The  said  company  are  liere^>y  amhorizfil  and 
ein|M;vvered  to  locate,  construct  and  coiTi(jlttr,  and  lo 
maintain,  equip  and  operate  a  railroad,  witli  a  sint»le  or 
doiit>'e  track,  and  witli  siK-h  ap[)urt«.-nanC"S  as  niuy  be 
deeint'd  necessary  by  the  directors  for  tiie  convenient  use 
of  tfie  same,  from  a  point  in  or  near  to  the  city  of  Chica- 
go; thence,  by  the  most  eli^ible  route,  to  the  village  of 
Napii  ville,  ill  the  county  of  Du  P-ig*';  thence  to  the  village 
of  O-i  wego,  in  the  c •unity  ol  Kt  ndall;  thence  to  or  near  to  the 
vilh'^e  of  Bristol,  in  said  county  o!  Kcnddll;  as  near  as 
practicable  to  Pawpaw;  tlience  to  Amboy,  in  iJie  coonty 
of  Lee;  thence  to  Cirdov.*,  /ui  the  Mississippi  iivtr,  in 
tht'  county  of  R  )ck  Islanl,  and  lo  survey  and  deiermine 
the  ]i;ie  of  said  road  upon  such  route,  between  said 
points,  as  the  said  company  are  furtlur  authoi>z-d  to 
use  and  operate  said  railroail;  and  shaij  Imvc  pMuer  and 
authority  to  regiiUte  the  tinif  and  manner  in  wiiicJ!  g.uMJs 
and  etftfcts  and  persons  shall  be  transported  on  the  ydine, 
and  prescribe  toe  manner  in  which  said  railroad  shall  be 
raaiiageti,  and  th**  rate  of  toll  for  the  ti  ansportrtiidu  of  ^'«<»'^''- 
pers..iis  and  property  thereon,  and  for  the  storage  of 
merchandize  a  id  dtlier  pf-operty  under  their  charge;  a'ld 
shall  have  power  to  j)rovide  all  necess&ry  sfo«  k  and 
material  for  the  operation  of  said  road,  and  shall  have 
power  to  erect  and  maintain  all  necessary  depofs,  stations, 
shops  and  other  bail  lings  and  machin»'r>,  foi  the  accom- 
modftion,  management  and  operation  <»f  said  road. 

^  7.  Tliat  said  oompany  are  hereby  aoilK>rized,  by  surveyi. 
tht  ir  engineers  and  agents,  to  «  liter  upon  any  lam*'?  for 
the  purposr*  of  in  king  tlu  necessary  su«ve\s  and  exami- 
naiions  of  said  road,  and  to  enter  upon  and  lake  aiiH  hoM 
all  lands  necessary  for  the  con*;»ruct»on  "f  said  r.niroad 
and  its  appendages,  fir>t  nutWing  jusi  «nd  rea'dp-ible 
comit'  usation  to  the  owners  of  Sriid  land  ftr  on}  dafr:ages 
that  may  arise  to  them  from  tit"  building  of  raid  raihuad; 
and  in  case  said  company  shall  not  be  able  to  nbiain  the 
title  to  the  lands  thrjugh  which  the  said  road  shall  be 
lai«),  by  purchase  or  voluntary  cession,  the  s^id  company 
are  hereby  authorized  to  jjroceed  to  ascertain  and  dt^ttr- 
mine  the  damage*?  sustained  by  such  ownrr  or  owners,  in 
llie  manner  and  upon  the  principles  provided  by  the  pro- 
visions of  an  "ct  entitled  ''An  act  to  amend  the  law  con- 
demning riL;ht  of  way  for  the  purposes  of  internal  improve- 
ments," in  force  June  >jd,  18oii;  and  said  company  shall 
—58 


1S67.  r»o»2 

bt*  intitleil  to  all  the  luiufu-lal  provisions  of  tl'j  *  act: 
Pr.ttiJetiy  tliat  alUT  tlio  ;i|)|)raisal  i»t  tlamages,  as  ^  v)vi- 
(Joti  iti  eit  er  o(  tiie  said  statues,  ntui  upon  the  deju  ^-t  of 
thf  amount  of  such  appraisal  in  the  cinniit  court  v\  the 
county  wliereiu  suoii  laiu.'s  may  be  situated,  llip  sai»i  >  ora- 
pa»»y  art"  here'iy  antiiiMizrd  to  t  nter  ujxm  such  laii  .  for 
the  construction  of  said  road. 
r.««f !•  wjft«»  §  ^-  Ti.e  said  company  are  authorize*!  and  i\v,\  ,ver- 
^'*^-  ed  to  borrow,  from  time  to  time,  .'^uch  sum  orsum>  .     uio- 

ney*  not  exceeding  the  amount  uf  the  capital  stock     i  said 
company*  a'?  in  thtir  discretion  may  he  deemed  nec«  >   ary, 
to  aid   in  the    con>tiuction   of  said   load,   and   to  p.i  \    any 
rate  of  interest  tiierefor,  not  exo»»Hlinj^  t»  n  percent  .  and 
to  j)let.j;e  and  moriRa{;e  the  said  road  and  its  fpptn-     ges, 
or  any  part  thereof,  or  any  i>ther  properly  of  the  said  «  ora- 
panv,    as    security    for    aiiy    loan    of  money   and   int.  rest 
lher«*on,  and  to  di^pttse  of  the  bonds  issued  for  snel,   loan 
at  siich   rales  er  ou  sueh   terms  as  tlit    hoaid  of  dirt   .tors 
may  determine. 
Bi«^»ay*    uki       ^   *J.     Said  comp  tn\  {ihall  be   hound  to  repair  all  public 
r^«rK».    i^jj^ii^gyj,^    bri<i<;»  s    and    water    courses    wiiich    m    >     be 
injuied  ill  construetii'vj  the   said   railroad  or  it-^  apj  .  nda- 
f^es,  and   sliall   reSUue   them,   as   far  as    practicable,  'o   as 
good  a  condition  as  they   were  before  they   were  ii<|ured 
bv  reasmi  of  tlie  construction  of  said  road. 
Cat  £«r.t(»(Ltr       ^   10.     It  sliall  be  lawful  for  the  said  company  to    inite 
*****  wiin   any  other  railroad   company  wiiich   may  have   been 

or  may  hereafter  be  incorporated  by  this  state,  on  the 
line  <<j  route  of  its  Sdi<l  roud,  iiittl  to  ^rant  to  such  -;om- 
paiiv  liu*  riv;ht  to  convtruot  and  use  any  portion  »>)  said 
ro.io  lieteby  aiithori/ed  to  he  construc.te<l,  upon  such 
liTini  Ri  may  be  mutually  u|{iee.d  u^jon  between  said 
com)>anie«;  al.io  the  ti^ht  to  purchase  or  lease  all  oj'  any 
part  ol  any  otiu  r  railroad  which  i-i  o;  iiercuflcr  m^y  be 
b.iilt  in  t!.ii  state,  on  the  line  or  route  of  its  road,  upon 
such  ti-rini  an  may  be  inuluall}  agreed  upon  between  the 
said  compHnies. 

^  II.  Any  person  who  ulirtll  willfully  iojure  or  obstruct 
the  Raid  road,  or  any  pait  (jf  the  appendages  th<  retO| 
fhali  be  deemed  guilty  of  a  mi-demtfanor,  and  shall  l<  rfeit 
to  thi*  n  u>  of  t!ie  company  n  sum  threefold  the  anion  it  of 
dam  <  '  nionvd  hy  such   injur}  or  obstruction,  lo  be 

reeov  an  u(  li<>n  ol   deht,   in  lh'>  namu  of  said  com- 

pany,  with   coiiis  of  duil,  before  any  justice  of  the  peace) 
or  before  any  C'>iirt  of  record  in  tliii  slate. 
Tim   m    cOTk.       $    !-•     Tnr  said   comiiauy  shall   be  allowed   five  yeurif 
mmm»m^       f:  '  of  this  act,   f'»r  the  coiniU'  iiceim  ut  of 

t.  f  fiaid  railroad  and   fifloca  years   thcrc- 

•li«r  lur  iiir  comjdcti'ih  of  the  same. 


f 


563  1857, 

§  13.  Till?  act  shall  be  deenn  d  and  taken  as  a  pnblic 
act,  and  shall  be  construed  beiufifially  for  all  ])ur[)0-es 
herein  specified  or  intended,  and  sha'l  he  in  force  Irom 
and  after   its  passnge. 

Approved  Feb.  13,  1867. 


AN  ACT  to  Incorporate  tbi*  town  of  Ml.  Morris.  Ft>b.  ta,  imi 

Section  1.  Be  U  enacted  bi/  the  people  of  the  st<xte  of 
///iiti/is,  ri'presenled  in  thz  (icinral  ^fisf^en  hly^  That  the 
inhabitants  of  the  town  of  Mount  Morris,  in  the  county  KauieauJ  6»yie. 
of  Oj^le,  and  state  of  Illujois,  are  hereby  constituted  a 
body  politic  and  corporate,  by  the  name  and  style  of 
"The  President  an^  Trustees  of  the  Town  of  Mount  Mor- 
ris;" and  by  that  name  and  style  shall  have  perpetual 
succession;  and  may  have  and  use  a  com-non  seal,  which 
they  may  change  and  aller  at  pleasure,  and  in  whom  the 
government  of  the  corporation  shall  be  ^esled,  and  by 
whom  its  affairs  shall  be  managed. 

§  2.  The  iiihdbitants  of  said  town,  by  the  name  and  General  puw*™ 
style  aforesaid,  may  sue  and  be  sued,  implead  and  be 
impleaded,  defend  and  be  defended,  in  all  courts  of  law 
or  e(juity,  and  in  all  actions  whatsoever;  arid  purchase, 
receive  and  hold  property,  real  or  personal,  within  or 
beyond  the  li'^its  of  jaid  town,  for  burial  grounds,  and 
for  other  public  purposes,  for  the  use  of  the  inhabitants 
of  said  town,  and  may  sell,  lease  and  dispose  ot  prop»'rty, 
real  or  personal,  (or  the  benefit  of  said  town,  and  improve 
nnd  protect  such  ])roperty,  and  do  all  things  in  relation 
thereto  as  natural  persons. 

§  3.  That  the  boun  iaries  of  the  corporation  of  said  Boundane* 
town  be  as  follows,  to-wit:  Beginning  at  the  southwest 
corner  of  the  southeast  quarter  of  section  twent}  seven, 
and  running  north  one  mile;  thence  east  o.ie  mile;  thence 
south  one  nlil^';  thence  west  one  mile,  includirjg  wi,hin 
its  bouridaries  the  east  half  of  section  twenty-seven  and 
the  west  half  of  sectiori  twenty-six,  in  township  twenty- 
four  north,  of  range  number  nine  east  of  the  fourth 
principal  mt-ridian. 

§  4.  The  jtrcsent  president  and  trustees  of  said  town, 
as  at  present  ini^orporated  under  the  general  act  of 
incorporation,  are  hereby  appointed  trustees  of  said 
town,  and  s''all  hold  their  office  until  the  first  Monday  of 
March  n<rxi,  and  until  their  success  >rs  are  »'lected  and 
qualified;  and  on  the  first  Monday  of  March  next,  or 
wi'liJM  fifteen  da)s  thereafter,  and  on  the  first  Monday  of 
Mdicii  of  every  year  thereafter;  an  election  shall  be  held  eiocUoq. 


BItCtMlil? 


rrwkdMl. 


1857.  '^^>1 

for  fi\p  trustees  of  saiJ  town,  who  shall  hoKl  thtir  olfice 
for  one  v«'«''»  MoJ  until  llu  ir  success(tr.>J  an*  t'lectfd  unj 
q(i«l)ru-(ii  mill  tt'M  da)s'  notice  of  the  time  and  plaee  of 
holiluit;  any  flection  fi>r  tru^te^s  sliull  i»e  given  by  the 
presitleut  Mini  trustees,  <^r  by  their  cleik,  by  mi\  i  rtist  nient 
in  aity  weekl)  paper  publisheil  in  suiil  town,  or  h}  posting 
up  notiors  in  three  of  the  most  public  jjIhccs  in  said 
tjwn.  No  person  >hall  be  elected  a  trustee  of  said  town 
who  shdU  not  be  qualified  tr)  vote  lor  vS.ate  and  cninty 
otficers,  and  wht>  s!i;ill  not  have  been  f.r  one  year  j)revi- 
ous  to  such  election  a  resident  aitd  hnna  Jldc  Irteholder 
within  tlw  incorporated  limits  of  said  town. 

^  .')  That  at  any  election  for  tru>tees  evt-ry  )»erson 
who  shall  he  qualified  to  vole  for  state  otficeis,  and  who 
sh.ill  have  a  re>idencH  witliin  the  limits  i.J  said  coij>ora- 
tion  fur  six  months  previous  to  such  eltclion,  mry  enji>y 
the  ri^^»ts  of  an  elector. 

;■  t>.  Tlirtt  the  trustees  shall  <lect  one  of  their  numbt  r 
prf si  irnt,  and  shall  be  jodi^e^  of  the  ih-ciions,  (|ualifiea- 
li>»n<j  and  returns  of  tlo  ir  own  nieinl(er>",  a  mnjoiilj  of 
wliom  shaU  ciMistimte  a  quorum  to  do  lousiness,  hut  a 
smaller  number  may  adjonin  Irom  daj'  to  day  and  compel 
the  attendance  of  absent  mt  n)ber<i,  in  such  a  niantier  and 
under  such  penalties  a<  they  may  provide,  and  punish 
their  m»'mbers  for  di'«ord»'rly  conduct,  ai.d  by  vote  of 
thr«-e-filths  of  the  whole  number  «  lecled,  eX|>«  1  a  mem- 
ber, and  make  such  otiier  ruUs  and  rr^Mtlations  for  th»  ir 
government  as  to  them  may  senn  proper  aiul  ex|>edi- 
rnt ;  and  shill  have  power  to  fill  any  vacain^ies  \u  the 
boMrd  of  trus  ets,  occasion,  d  by  drath  or  resignaticn),  r*^mo- 
val,  continurd  absence  irom  town  for  thiet;  months  or 
oth*'rwise. 

{  7.  The  president  and  tru-ilee^  of  said  tywn  j»hall 
have  power, 

Firnt — To  pause  all  the  streets  and  allejs  and  public 
road.t  wi'hni  the  limits  ot  snid  town  to  he  kept  in  good  re- 
piiir,  and  f(»  thi<  en«l  they  shall  M  fjnii  e  »'Very  male  resident 
of  «aid  ttiwn,  o\  er  the  age  of  Iwi  ii»y-oi.e  yenrs,  to  labor  on 
Un*  (iame,  not  exceedir.g  threi!  uhjs  in  each  and  every 
yea*',  and  if  •^uch  labor  he  insufficient  for  that  purpose,  to 
•pprnprmte  no  much  from  the  general  funds  of  the  corpo- 
ratn>n  as  thi-y  shall  d» cm  neces-^ary  thertdor- 

.V'f  >/k/-To  oj»<n  alt"  I.  vacate,  widen,  exti-nd,  establish, 
f^rade,  pave  or  otherwiw^-  iuq.rove  any  .str«ets,  avenues, 
jane*,  ullcyv  or  public  road:<  withiu  tin:  limits  of  said 
town. 

Thirtl-'Tn  make,  construct  and  kf  ep  in  repair  sidewalks 
or  pavem«nts  in  front  of  any  lot  or  lots  adjacerit  to  any 
•tre«l  or  striM-'ti  in  said  town,  and  to  levy  and  colhcf  a 
tax    from  lim**   to   time,   upon   the   lot   or  lofs   in   front  of 


▼••»•<•«• 


••n 


565  1857. 

which  such  sidewalks  or  pavements  arc  or  shall  be  order- 
ed ami  propo^fd  to  l)e  made,  constructi'd  nr  kept  in 
repair:  Prutnilid,  such  tax  shall  be  on  such  lots  propor- 
tionate to  tlie  jenuth  of  their  respective  fronts,  a  id  until 
the  said  president  and  trustees  shall  provi<lc,  by  ordi- 
nance, for  the  levying;  ami  collecting  of  said  tax.  They 
shall  enter  ujjon  tiie  records  of  tlie  corporation,  whenever 
they  shall  d^^ire  to  collect  such  tax,  a  resolution  tint 
suth  tax  shall  be  levied  and  collected,  a  id  the  numb.r  of 
the  lot  i  r  lots  u|)on  wlmh  the  tax  is  proposi  d  to  be  le\  ied, 
and  the  amount  upon  each  lot;  and  a  certified  copy  of 
such  resolution  shall  be  filed  in  the  office  of  the  clerk  of 
the  county  court.  It  shall  tlu'H  be  collected  in  the  man- 
ner provided  in  the  i.inth  section  of  an  act  entitled  "An 
act  to  iiicor|)orate  town-^  and  eitif's,"  approved  Fehruary 
10,  IS4'J,  for  the  collection  of  other  corporate  taxes. 

Fui/rth— To  levy  and  coller^t  taxes  upon  all  property,  P:'ocjai  u««i. 
real  and  personal,  within  the  limits  of  said  cori)oration,  not 
exci^ediiig  one- half  pt-r  cent.  \u'r  annum  upon  the  assessed 
value  thereof,  and  may  ent'orcc  the  payment  thereof  in 
any  m  inner,  to  be  prescribed  bv  oidioance,  not  repug- 
nant to  the  constitution  of  the  U.  ited  States  or  of  this 
state;  but  until  they  provide,  by  ordinance,  for  enforcing 
the  payment  thereof,  they  shall  be  collected  In  the  man- 
ner  provided  by  the  ninth  section  of  the  act  aforesaid. 

F'Jth—To  restrain,  regulate  or  prohibit  the  running  at  c»^^''*'    ''""•^ 
large   of   catt'e,   horses,    sheep,    swine,   goats   and    other 
animal-!,  and  to  authorize  tl  e  distraining,  iinponnJing   and 
sale  of  the  same,  ai.d  to   prohibit  any  indecent  exhibition 
of  horses  or  other  animals. 

Sixlli — To  prevent  and  regulate  tlie  runnirg  at  large  of  d.^js. 
dog^,  an  I  authorize  the  destruction  of  the  same,  when  at 
large  contrary  to  any  ordinance. 

Seventh — To  prevent  horse  racing  or  any  immoderate  R»cing. 
riding  or  diiving,  within  the  limits  of  said  town,  of  liorses  or 
o:her  animals;  to  prohibit  the  abuse  of  animals;  to  com- 
pel persons  to  fasten  their  horses  or  other  animals  attached 
to  vehicles  or  otherwise,  while  standing  or  remaining  in 
any  street,  alley  or  public  road  in  said  town. 

K.'glilh —  I'o  establish  and  maintain  a  public  pound,  and  p«.ur..if. 
appoint  a  pound  master,  and  prescribe  his  duties. 

J^'inlk — To  restrain  and  prohibit  all  descriptions  of  gam-  owahoi 
bling  and  fraudulent  devices,   and   to  suppress   and    pro- 
hihii  hilliard  tables,  ball  alleys,  and  other  gaming  estab- 
lishments. 

Ttnth— To  suppress  and  i)rohibit  disorderly  houses  or  ^^'^l^*^ 
grof'erieg  or  houses  of  ill  fame. 

E'evtn/h — To  license,  regtilate,  suppress  and   prohibit  sMw,.kc. 
all  ex'iihitious  of  common  sliowmen,  shows  of  every  kind, 
caravans,  circuses  and  exhibitions  aud  ainuscmeats. 


r««u; 


pmiK  rri>«>d*. 


1857.  566 

'  Ttcrf/fh — To   pr«*viiit,  $tip]>re9S  anH  proliiblt  any  riot, 

•fft  ay.  ilis'Mt bailee  or  di'sr.ni*  tl)  HSSf  niblHm'.",  nssr tilts,  as- 
i>aiil's  and  batt-rits,  or  sliooting,  will. in  tito  limits  of  said 
town. 

„,.     ..  J'hirttenth — To  abate  aiul  remove  laiisHDces,  ami  pun- 

ish the  autliorfl  thereof,  and  to  define  and  dechire  uhat 
shall  be  d-emed  nuisunees,  and  autliorizt-  and  direct  the 
sunuiuiry  abatement  thereof. 

F'Urttrnlh — To  make  it  jjiijatiojis  to  prevent  the  intro- 
duction of  •'ontniiious  diseases  into  the  town,  and  execute 
t*>e  SHioe  ior  any  distance,  not  exceeding  two  )nile?,  from 
the  limits  thereof;  8»id  to  maVe  a  I  i.ecessnry  n  "ulations 
to  5»-enre  the  general  lieuith  of  tl)(>  inlia))itaitt8  of  said  town. 

to«tjv-».  I'ijintilu — To   rej^nlate   the  sturaj^e  of  gunpowder  and 

othei  eombustilile  materials. 

fir*  Stj-teiuth — To    provide  h)r  the   prevention   and   rxtin- 

glli^llment  of  fires,  and  to  organize  and  estabiisl'  fire  com- 
pai.ies.  •' 

Silt  }ifreii//i — To  provide  the  tov.'M  willi  wilier,  for  the 
extirgiiisliBient  of  files  an<l  for  llie  conveni«  nee  of  the  in- 
habitants. 

llit^ht'  tnth — To  proviiif  for  inclosing,  improving  and 
regulating  all  |)ublio  grounds  and  other  lands  belonging  to 
said  town. 

,Viu> Irenlh — To  provide  for  erecting  all  needful  build- 
ings (or  the  us«'  of  said  town. 

Til  tfuit Ih — 'To  suppress  and  prohibit  the  >elli)ig,  bar- 
tering, exchanging  and  traffic  of  any  wine,  rum,  gin,  bran- 
d),  wliisky  or  oilu-r  intoxicaiirg  liquors,  within  the  limits 
of  said  town  :  Pruvuletl^  that  they  may  allow  buna  jUle 
druggists  to  «ell  the  .same,  in  gotijl  faith,  f«ii  piifily  in*  di- 
ciiixl.  niechaniral  or  sacraniendil  purposes,  ami  for  no  other 

pUI pone. 

Turulij-fir^f -^>t  Jiitpropii.ttr  and  provide  for  the  pay- 
ment of  any  <lebt  or  exp»nse.s  of  the  town,  and  fix  the  coin- 
peiMHtion  of  town  offief-r'. 

Ttft  Illy-Ill  i»  To  make  all  ordinances  which  shall  be 
Nf  reHsary  an<t  prop«  r  f"r  carrr  ing  into  execution  the  pow- 
cri  Bpicified  in  tl.i"i  act,  er  wlii(  h  lliey  may  deem  neces- 
sary or  expedient  ior  the  hettir  r»gulation  of  the  internal 
poll*  e  of  faid  town,  and  to  execute  the  Same,  and  to  iin- 
po#e  fiiie)i,  forft-itur'Vs  and  penalties  for  the  breach  of  any 
ordin;*!  (  e  or  any  of  tlie  provisions  (.f  ihi.s  net,  and  to  pro- 
vide for  the  recovery  and  approj't iaiion  oj  such  fines  and 
forfei'urfs  and  the  enforc*  mtnt  of  sucli  j)enalties'  I'rooi- 
d'd,  ll.^t  in  no  rase,  except  in  assaults,  ttSflaults  and  battc- 
rief|  riotj  or  affrays,  shall  any  hucIi  fine  or  penalty  exceed 
the  viim  of  tweiity-five  »'ollai.'«  for  aiiy  ciffence. 

§  8,  That  the  prefjrlent  and  tnnte»s  of  MHid  town  shall 
LiAve  power  to   appoint    a    town   constable   tor  said   towD> 


667  18.j7. 

wlio  "  '  ify  it  shall  hf»,  w)i*^n  so  app^^intpd  ami  sworn  into 
nffic  '  I  execute,  any  where  in  ();»le  county,  any  writ, 
pro  uid  precept  which  may  be  iss  led  against  any  per- 

son .  ;  Tdotis  for  the  violation  of  any  ordinance  of  said 
corp  1  1  ion,  and  to  arrest,  on  view,  any  and  all  persons 
who  '  .y  violate  the  same,  and  to  t^ke  them  hefore  the 
presi  *  lit  of  the  hoard  of  trust,  is  or  any  justice  of  the 
pear  t  said  town,  and  to  (  ollect  any  fine  for  forfeitu»"e 
and  I  i-iliy  which  uiay  he  assessed  or  recovereii,  lor  the  pt-.v:,.., 
use  (  <id  town  :  Pruvit/ct/,  that  any  other  constable  may 
exee  my  [>roc»'Ss  issued  bj  any  justice  of  the  peace  hy 
virtii  I  this  act;  als(t,  to  a|)p  lint  a  clerk,  treasurer,  street  Arpomi  omccre. 
coinii  .  -ioner,  hoard  «)f  health  and  all  otlier  officers  that 
may  •  ueces:iary,  and  to  prescribe  their  duties  ;  and  may 
reqiM  bonds  fr  m  tlie  several  otficers  for  the  faithful  dis- 
char-'  ■  of  their  duties. 

§  '.'  The  president  and  trustees  shall  require  their  Rt-wrj. 
clerl.  tnd  it  shall  be  iiis  duty  to  make  and  keep  a  full  and 
faitht  :(  lecord  uf  all  tlieir  proceeding-?,  by-laws  aod  ordi- 
nanc  -,  and  of  the  time,  place  and  manner  of  the  publica- 
tion .  t  such  ordinances  and  by-law>,  in  a  book,  to  oe  pro- 
vider ''>r  that  purpose;  and  such  book,  purportini^  to  be 
the  r  ird  of  the  corj)oralion  of  the  town  olMount  Mor- 
ris, s  til  be  received  in  all  courts,  without  further  proof, 
as  ex  lence  of  all  matters  therein  contained  ;  and  all 
ordin  :■  ces,  before  taking  effect,  shall  be  published  at  least 
ten  d  ;  ^  in  a  newspiper  in  said  town,  or  by  posting  up 
copic  ^  r  tlie  same  in  three  of  the  most  public  places  of 
said  'II. 

§  ]>  Any  fine,  penalty  or  forfeiture  iucuned  u<ider  '''"«'>  Pfo'itiw, 
this  a  '  ur  any  by-law  or  ordinance,  made  in  pursuance  of 
this  ii'  ',  or  any  act  that  miy  be  passed  amendatory  to 
this  a  ,  may  be  recovered,  together  with  costs,  before  any 
justii  •  (f  the  peace,  in  the  corporate  name  ;  and  several 
fines  '  'ffitures  or  penalties  for  breaches  of  the  same  or- 
dinal •  or  by-law,  not  exceeding  one  hundred,  dollars, 
may  <  recovered  in  one  suit;  and  the  first  process  shall 
be  a  'unmjns,  unless  oath  (»r  affirmation  be  made  for  a 
watr  .1  by  »ome  credible  person  ;  but  in  all  cases  of  as- 
sault i-sfuli  afid  battery,  afTray  or  riot,  a  warrant  shall 
issue  ,  tde  arrest  of  the  offender  or  oftVnders,  in  the  same 
mam  «•  for  like  offences  against  the  laws  of  the  state. 

It  sh'-i:  »•■  lawful  tt>  declare,  generally,  for  debt,  for  sucli 
fines,  j'  ri.ilties  or  forfeitures,  stating  tlip  clause  of  t.iis  act 
or  th  ord'nance  or  by- law  und»*r  whi -h  the  sane  ore 
claim-  '  and  to  give  the  special  matter  in  evidence  under 
the  (1  ■  i»iation;  and  the  justice  shall  j>rocee<l  to  hear  and 
dete;iH;iip  the  case,  as  in  other  cases.  I'pon  the  rendi- 
tion '•  j  I  Igint-nt  for  any  si:c'i  fines,  penalties  or  lorleit- 
ures,       ■  j<i:>tice  shall  issue  his  execution  for  the  same  and 


185T.  5G8 

Cftst!!  of  suit ;  wliioli  may  be  leviod  upon  ai  y  personal  pro- 
perC\  ol  tlie  littVniiutit  oi  tit  lViHl:*iits,  not  t^xt-iiipt  frt^ui  t-x- 
fCtiti'ii).  It'  llio  t*oii.<-tal)le  i^liiiil  u-luiii  iiptin  such  t  \»  cu- 
tion  "iio  prtipt-rty  fountl,"  then  the  justice  shall  issue  a 
cii|)iM'<  H^-finst  the  body  of  the  tlflentluut  or  tlefentljints  ; 
anti  ihe  t-ousiable  sIihII  arrest  such  perst>n  or  pe*sons  and 
coininit  him  or  tlu  m  to  the  Jdil  of  the  county,  to  itntain 
l".»rty-«  i^ht  hours;  and  if  the  jutigniint  JMai  tosts  ixtecd 
fivf  tlollars,  thtn  to  remain  in  close  custotly  in  sai<l  jail 
twenty  four  luMirs  for  every  two  dtdlurs  over  and  iil)()ve 
tlie  said  five  dollars,  and  so  on,  in  proportion  to  the  amount 
of  th-  judi^'uent  and  costs:  Proiuiitd,  hmvcvtr,  if  tin  said 
presidt-nt  mimI  trustees,  or  their  attoi ney,  shall  require  a 
trdi'Si'i  i|it  i)f  the  jiui;j;inent  and  costs  to  be  certified  tit  the 
clr-i  U  <d  lite  circuit  court  of  the  propi  r  coni.iy.  to  havi-  the 
<ain»'  levied  upon  real  property,  and  si^nify  the  same  in 
writii  ^,  to  him,  he  shall  not  issue  a  cipi<is,  hi«  aforesaid, 
but  sIimII,  without  delay,  certify  a  ti>nis«ii|>l  thereof  and 
all  tlie  proceedini^'J,  accordini;  to  law,  !<>  such  clerk  J 
which  shall  he  fih-d  and  recordt  d  as  in  nth.  r  cases;  and 
such  judgment    sl.aH    have    the    same    forcti    and    tllVct  as 

^-''•«  judi^mi  nls    rendered    in   the    «  ircuit   court  :    PruviJt  d^   an 

ap|it-al  may  be  granted  within  five  f]a).sartci  ihe  rendition 
of  j'ldi^inenf,  with  the  same  force  and  tlFicf,  liglils  and 
priviU'm'S  to  all  parties   as  in  other  cases. 

r»«»  «r  j«*iic«.  ^  11.  'I'la-  justices  of  tlif  peace  and  constables  who 
may  render  serv.ce  under  this  act  shall  he  entitled  (•  the 
same  fees  and  collect  them  in  the  same  manner  as  is  or 
may  hereafter  be  provided   by  law   in  other  cases 

***^-  ^    1-       The  president  and  trustecsshall  not  be  recjuired, 

in  suits  in«tituted  under  this  act,  or  (trdliiancei  passed  by 
virtue  lieieof,  to  file,  before  the  commtnceinent  ol  any 
such  suit,  any  security  f)»r  costs. 

rtm^,hx.  &    l;5.      All  fines,  forfiifures  ami   pt nallius   received  or 

collected  lor  the  breach  of  any  ordinance  or  this  act  shall 
be  paid  into  th«!  treasury  of  said  corporation,  by  the  olficer 
or  pernon  receiving  or  collecting  the  sauH'. 

%ma*\»h^,  ^    II.   T!.e  inliabitHiits  ol  said  town  are  hi  reby  <  xempted 

from  workinn  «M"'"  "">'  '"''Oil  hryond  the  limits  of  the  cmpo- 
raiirn  an  1  from  paying  any  tax  u)>om  the  pro]>erly  will  in  the 
limit*  to  pr<icur»*  iahorers  to  v^-oilf  upon  aiy  such  road. 

•#«»q  •.  ff    l.">.      Any  per«)on  can  coinnmte  tor  roatl  lul)or,  hv  pay- 

ing to  the  street  commissioner  at  the  rate  of  filty  cents  lor 
etteh  day. 

5  !•;.  Kvny  person  who,  after  havinj^  'hrec  days'  no- 
tice fr«»m  the  street  commisfiioner  to  perform  such  lahor, 
fball  he^li-j  t  or  refuse  to  perform  the  same  and  shall  aUo 
ne^flect  to  romtnute  therefor,  •^hall  he  liable  to  a  penalty 
of  one  dollar  for  •  ji.h  day's  labor. 


f»*nr. 


569  1857. 

f   17.      All   ordinances,   bv-Iaws  and  resolutions  ppssed  Or.iii.anrM     of 
by  tlie  president  iiiiu  *iust»'»'S  ol  tlu;  town  oi  Moiiir  .Mor-    m  unt  iiorru. 
ris    as  iticorporuted  under  the  general  law,  and  wlii(  li  are 
now  in  foice,  and  not  inconsistent  lierewiili,  .sjiall   it  main 
in  for'-e  until  tlie  same  shall   be  repealed  hy  the  pre.^ident 
and  trustees  of  the  corporation  created  l»j  this  act. 

§   IS.    All  actiniis,  rii^hts,  fines,  penalties  antl  forfeitures,  Accrued  ruhu. 
in  suit  or  oilurwise,  which  have  accrued  to  or  have  heen 
couinieured  by  the  president  and  trustees  of  said  town,  in 
cor|)orated  under  the  general  law,  .vjiall  be  vested  in  and 
prosecuted  by  the  corporation  hereby  created. 

^  llh  All  propel  ty,  re>il  and  personal,  or  any  estate  or  iTptfty. 
inteie.^t  therein,  held  by  or  belonging  to  the  ])residei.t  and 
ti  uste«  s  of  the  town  ot  Mount  Morris,  as  incorporated 
under  t.he  general  law,  <^or  the  use  of  the  inhahiianis  there- 
of, sliall  be  and  the  same  are  hereby  'Udan  d  to  be  vest- 
ed in  the  corporation  lureby  created. 

§  lO.  This  charter  shall  not  invalidate  any  act  done  by  k.  ■mer  act»  »«!- 
the  president  and  trustees  of  the  town  of  Mi  ni.t  Morris,  as  at 
present  incori)oratt  il,  and  all  taxes  assessed  in  favor  of 
said  corporation,  and  which  have  n»t  jet  heen.paid  ii-to 
the  treasury  thereof,  shall,  when  collected,  be  paid  into 
the  treasury  of  the  corporation  hereb\  crt-ated. 

§  lil.  Ill  addition  to  the  other  officers  to  be  appointed  Coiietior. 
by  the  board  of  trustees  of  said  town,  there  shall  be  ap- 
pointed a  collector  of  taxes  and  assessment,  who  shall 
give  bonds,  to  the  satisfaction  of  the  s;iid  board,  and  shall 
j)osstfss  all  such  powers,  for  the  fulfillment  of  the  duties 
of  his  office,  as  is  conferred  by  law  on  collectors  of  state 
and  countv  taxes. 

§  i22  Upon  the  application  of  the  owners  of  two- thirds  street*. 
of  the  real  estate  upon  anj  street,  or  in  any  block  or  blocks 
or  half  blocks,  it  shall  be  lawful  for  the  board  ot  tiustees 
to  pass  an  ordinance  requiring  the  owners  of  lots  bound- 
ing ui»oji  such  street  or  situate  in  such  block,  blocks  or 
half  ..,o(;k,  to  construct  a  sidewalk  in  front  of  their  re- 
spective 1  its,  iu  such  a  manner  and  of  such  materials,  and 
within  such  time,  as  shall  be  specified  in  such  oidii.ance  ; 
and  if  any  owner  fail  to  construct  a  sidewalk  in  front  of 
his  (»remises,  in  the  manner  and  witliin  the  time  specified 
in  such  ordinance,  the  board  of  trustees  .».hall  cause  to  be 
c>nstracled,  in  front  of  the  prtmi<es  of  .such  delii  quent,  a 
sidewalk,  of  the  material  and  description  in  such  ordi- 
nance specified,  Hn<i  may  collect  of  such  delinquent  a  sum 
of  money  equal  to  the  oust  of  said  sidewalk. 

§  23.     I'hat  the  lot  in   front  of  whicli  any  sidewalk  is  staewftika. 
made  -hall,  in  addition  to  the  regular  tax   imposed    by  the 
board  of  trustees,  le  taxed  to  pa\  at  hast  one  half  i.f  said 
ex^)ense  of  making  said    sitlewslk;   whieh  lax   shall  he  as- 
sessed  and   collected  in  the  same  inannt  r  as  other  taxes 


are. 


1S57.  .'^TO 

«4rM4 14  5  *24.     The  prp'idf  nt  and  members  of  tlM>  Ixund  of  trus- 

tees of'saiil  town  sloill,  dnrini;  tlu'ir  coiitinumuM'  ii\  office^ 
be  ex«  mpt  from  ro«  i  lrt'>or,  hihI  Irun   si'i\in«^  nu  jiirifS. 

§  'J").  Thi'«  aot  i"?  luTeby  il«M'lrtr«Ml  to  Iw  a  public  apt, 
and  ma}'  be  read  in  e\id«Mu'«'  in  all  i-our»>;  of  law  oreijuity, 
witliin  tilis  stnt»«,  witliont  pi  oof. 

ArPRoVKD  Vvh.  1>,  l!S.')T. 


IN»  iJ,'&S7.       AN"  ACT  to  incorporato  tlie  Vincpiiiips  ami  D.cntiir   Itiilroatl  Company. 

S"CTlON  I.  '/f-  //  eudctfil  />//  Ihe  pvnple  «//  the  state  oj 
///in'Usy  re/fre^rntrt/in  tlie  (reiwrtil t^asmthlij ,  TtiHf  William 
Wood,  S.  H.  H  lokttr,  John  F.  Wri^ln  Hud  Dn  id  W  Odt^ll, 
of  Crawford  couiit\;  J  L  Jont-s,  Str|»li(n  Stiupltens  and 
n.  W.  Jrfffrs,  of  JrtS])f»r  coui.tj  ;  J.  \S .  L<r,  NViu  y  Ross 
andJ<«mt*s  Hedform,  of  CiMuhirland  comity;  A'itli>oii  Mc- 
Plieeters,  Biislir(»d  Hpiiry,  J^mt'S  Linn  ami  and  l),<\i<i  Pat- 
terson, of  Moiiltrif  county,  and  H'liry  Prather,  J<diii  liiuk- 
er  and  .lolm  T\Ur,  of  aMhcoii  count),  and  sucli  (.ijor  ptr- 
j»on^  as  m^y  associate  willi  tli."-m  for  tlial  |iUi|Mt,si',  nro 
ber»by  marie  and  constitutrd  a  Ixuly  corporate  Mi.d  ptditie^ 
"by  tl'.e  naiiif  and  st\lt»  of  '»  Tiie  \'inc»Miin'S  ami  Drcatur 
Railroad  C"m|Muij,"  wi'li  prroctual  ."Ui-crssjun ;  Hud  by 
tliat  I. ami*  and  st)le  sliall  bt*  capable,  in  law,  «>l  takings 
t'lircba^ini^,  b  iMini;,  leasini^,  selling  and  convey  in^  cstaie 
■nd  j.jv  pcrty,  wbrllier  rt-iil  or  prrsomil  nr  nii\<«).  so  far  as 
tbt  nme  may  *^"  neccssar)  for  tnc  purposes  In  leinaffer 
mentiriipd,  and  no  f-irtlier*,  and  in  tlo-ir  coiporatc  name 
may  ^"e  and  be  sued;  to  have  a  common  seal,  wlncli  tlicy 
may  alter  or  ren'*w  at  o'-asiire;  and  may  liave  and  exer- 
cise all  powers,  rij»b.',  jirivilem-s  and  immunities  wliich 
am  or  may  be  necessary  to  carry  ii  to  effect  the  pnipo.sti 
and  ohjf  :'8  of  tbi?«  act,  a.,  the  same  are  lit  r«  inai  er  set 
forth. 

}  '1.  TliP  Jiaid  \'incenni-<  and  Decatur  Hal  road  Com- 
ny  flball  have  full  power  an  i  antliority  to  lo  ate,  and  tiom 
•llH»i  to  time  to  relocate,  coii<<triict,  and  fully  to  fimsli,  per- 
fect and  maintain  a  railrriaM,  with  one  or  m  »re  ti  aek-J,  corn- 
men. Mfifr  at  tit*-  jitale  line  helwein  Indiana  and  Illinois, 
opp<i«iii'  Viricenne5,  in  Indiana,  near  or  at  a  point  wliero 
the  Otiio  an<l  Miiiii4<ii|ipi  railroad  croMses  the  Waba.sli 
rivrr,  in  the  county  of  Lawreiwe,  ami  Htate  of  Illinois,  and 
riir.(iiii((  from  thence  norlhwefJtwaidlj ,  on  the  mn-t  eli^i- 
**•«•  b|e  roiile,  to  ()    lonj^,  in  Crawfoid  roiintj  ;  tin  nc»  to  Piaiiio 

Cit),  in    lyiirnberland  coiintj,    and    tlieiKr.'    to  M.tttoon,    in 
V  Calcf  count);  thence  to  Sullivan,  in  Moultrie  vown^)^  and 


571  18B7. 

thrr  r)»^catiir,  in  Macon  county,  lUinoi*;  and  for  the 
pur  constructing  paid  railroad  said  contpai))  8liall 
hav  ity  to  lay  out  and  establish  t'u  ir  road,  in  ni«bt  of  w«y. 
witiv!  ,,r  exceeding  our  liundrrd  fV-et,  thioiij^h  the  entire 
line  •'  .  r  .'*■;  and  may  take  and  iipjiropi  iaie  to  their  own 
use  n  lands,  so  desit^natcd  fi>r  the  line  and  constrnc- 
tioii  '  road,  upon  first  paying  or  tendering  therefor 
su<'  If  of  damages  as  shall  have  been  s»ttled  by  ap- 
pra  flie  manner  hereinafter  pro\ided,  on  all  su'*h 
Ian  ay  be  taken  by  said  company;  and  for  the  pur- 
po?'  'tin«T  and  embankments  and  for  ihe  puiposie  of 
obt  'one,  sand  and  gravel,  may  take  aiul  approjjri- 
ate  h  more  land  as  may  be  necessaiy  for  the  pr<(|jer 
con  "n,  maintenance  and  security  of  said  road;  and 
for  .  ■  ^  leting  shoj  s,  depots  and  other  suitable,  proper 
and  riient  fixtures,  in  ronnection  with  app\irtenaMcea 
to  s  road,  may  take  and  have,  use  and  occupy  ai  y 
lan(  1  ei'her  side  of  said  railroad,  not  exceeding  one 
hun  '  i  fifty  feet  in  depth  from  said  road;  said  corn- 
pan  ,'  all  such  lands  as  gifts  or  })urchasing  or  making 
sati  '  f')r  the  same  in  tlie  man;:er  hereinafter  ]trovi- 
ded  rhis  act  shall  not  be  construed  to  restrict  or 
pre\  construrtion  of  public  roads  or  lands  or  rail- 
roa<  '■!  the  road  of  said  company,  when  deemed  ex- 
ped  it  so  as  not  materially  to  obstruct  the  same. 

^  »'  said  company  shall  have  power  to  receive,  Rr^i  e»ute. 
taki  .  Id  all  such  voluntary  gr;ints  and  donations  of 
land  c»  I  .  : '  rt\  estate,  for  the  use  of  said  railroad,  as  may 
ben>i'<-  'i)  said  company  and  their  successors  and  as- 
sign .  1.1  i'-e.  or  otherwise;  and  if  said  comparjy  cHnnot 
agre-  •  :  'i  such  owners  of  lands  as  aforesaid,  so  as  to  pro- 
cur'  ime  by  deed  or  act  of  such  owners  thereof,  or 
if  th  ♦'r  or  occupier  or  eitber  of  them  be  ayt«///;^  co- 
ver/. '  S  71071  compos  ynentis,  unknown  or  out  of  the 
coui  wfiich  the  land  or  property  wanted  may  lie  or 
be  s  I,  the  same  may  be  taken  and  p;^id  for,  (if  any 
dam  •  awarded,)  in  the  manner  provided  for  in  an 
act  1  ;  ide  for  a  general  system  of  railroad  incorpora- 
tion ,1  ved  November '>th,  18  41',  and  to  the  provisions 
of  ti  They  and  their  associates,  successors  and 
assit,  n  be  and  are  hereby  created  a  body  politic  and 
corji  >y  the  name  of  "Vincennes  and  Decatur  Rail- 
road lany;"  and  by  that  name  they  and  their  sue- 
ces-^'  I  assigns  shall  and  may  continue  for  \\\e  ti  rm  of 
sixt\  ■«  from  and  after  the  passage  of  this  act. 

^  'le  capital   stock  of  said    company  shall   be  one  capiui  «k>«k. 

mill  •  'Idlars,  with  the  priviK  g«-  of  increasing  the  same 

to  tv  llion,  if  the   interests  of  the    company   shall   re- 

quii  •  be  divided  into  shares  of  fifty  dullarj  each. 


1857. 


67: 


AHkMr«t 
9^4  t*. 


»«fM-       5  6.     The  corporation  flmll   cn»»s»'  hdoks  to  be  o] 
for  sub<cri|ition   \o   \Uf   oajiitHl   stork,  at   such   tini< 
plui-r:"  as  tlu-y  iiiMV   clioi'Sf,   hikJ  sIihII  yive  at  leas'  ;  I 
if«>s'  n'»tioe  tlitri-of,  by    |Mil>li('rttion  in  a   newspajM  i 
li<fir<l  in  till'  town  or  city  wlur«*s*«i(l  book-!  niny  be  o| 
•nJ  il"  tbrre  bo  no  i  ew^paper  pnblisbt  d  tlur«'in  then 
lie  irest  newspaper  tbrrrto.      It  sliall  be  Uwfiil  for  jtl 
sops  of  lawful  ai^f*  or  for  tlie  8ji«Mit  of  any  corporat" 
or  ag'Mit  of  any  Niate  or  of  the  Unitt-d  Stalts,  duly  «• 
ire.)  in  hi  half  of  the   same,    to   suhsoiihe   auy    ami>> 
capital  stork:    Prorii/rcfy  that  the  diriM'tors  of  said  - 
ration  niav,  ai  their  discrcti  m,  limit  the  atnount  ot 
that  an)  pt  rson,  corporation  or  any  agmt  may  suh>. 
i.i  till  ir  own  name  or  in  the  name  of  any  other. 
UN-       §   t»-      The  corporation   mayrequiie  lach  subsciil 
pay  MU  amount,  at  the  time   of  suhserihiiig,   not  i-wvt 
five   il.dl.irs  on    each   share,    as    shall   hr    thought  pro 
P  \ividttfy  that  due  ijotioe  shall  bigiv«  n  thtrtol  befm. 
opening  of  the  bonks  as  aforesaid. 

^   7.      A<  so. Ml  as  one   huin'red   thousand  dollars     ! 
capi'al  slock  i'^   sul>«cril)fd  and    the  fisfd    amount  | 
I  ach  si  are,  it  shall  he  the  du'y  of  the  directors   i.hi 
this  act  to  call  a  meeting  of  the  stockJ.olders,  for  tin    . 
tion  of  nine  director*,  who   shall  bo   stockholders,  m 
paid  directors  shall  give  thii  ty  days'  notice  of  the  tin 
placf  of  said  meeting;;  and  the  said   election  shall  b« 
ducted  by    two    judges,    app'  inted    by    the    stockli-  i 
pr«-s»-iit;  and  the  persons  huviiif;  aplurality  of  votes  I 
cUred  duly  elected.      In   all   elections   the   In  Iding   ' 
•hare  shall  etttitle  the  person  to  one  vote;  anJ  votes  n. 
g'^'^'n  by  the  person  ownifii;  the  share  or  by  one  (»f  ^' 
p«rtni  Til  or  by  husband,  father,  n)olher,  executor,   a 
istrator,  (ruardian  or  tustee,  or  hy  autliorized  agent  ■  : 
rorporation,  state  or  of  the    United  States,  or  any   p- 
liavin'4  a  light  to  vote,  may  vole  hy  written  proxy.   \\ 
eve.r  the  aforesaid  «um  of  one  hundred  thousand  do"  > 
subscribed,  a^  aforesaid,  the  fiaid    corporation  may    < 
mpncr,  coiistruct  mid    coinj>lete    the  aforesaid  railn 

}   H.      All  I  lietif»n<t,  after  the  fir-Jf,  in  relation  to  tl; 
cir<  of  lhi<  corf)or  ttion,  Nhall  he  held  on  the  first  M 
in  Ai»fil,    annually,    un'ler   the   direction    of  three    s 
holders,  not  direclnrs,  at  the   lime  to   be  ajrpointed 
order  of  the   board   of  directors  at  a   previous    me« 
Vrijvilnly  that  saifl  directors   may   cause  elections  t 
b»-!d  on  any  other  day,  should  there  be  no  electir)n  or 
day. 

J  iK  Tlf  dire(!?f»rs  provided  f-ir  shall  continue  in  < 
for  one  y«'ar  and  iiotil  their  succe^<iors  are  electrr' 
qiMlififd,  and  a  majority  shall  form  tt(|iiorum  for  the  ♦ 
action  of  butinesf.     The  said  company  are  authori/*  << 


ned 

\nd 

irty 

.  ub- 

I  e  d ; 

the 

er- 

ody 

lor- 

f  of 

po- 

ock 

libe 

•r  to 
ding 
,>er  : 
'  the 

the 

I  on 

d  in 

Icc- 

the 

and 

•on- 

lers 

de- 

one 

y  be 

eral 

'nin- 

any 

rson 

len- 

:  S   18 

<>m« 

1. 

offi. 
day 
.ck. 
/  an 
ing: 
I  bo 
that 

fflCft 

and 
ins- 
and 


573  1857. 

«mi  iw'cred  to  borrow,  from  tluic  to  time,  Piicli  sums  of 
moi  \,  not.  e viifL'tliii^  tu»'  Ciijiitdl  .sf.u:k  ol  iIm' roinpdii} ,  ai 
in  I  'Ml-  discretion  may  be  deemed  iieoessaij,  to  aid  in  ibe 
cou  ruction  of  said  roa<l,  and  to  |»ay  any  r«te  of  iiitfrest, 
not  •XL^eeding  ten  pt-r  cent,  per  annum,  and  to  pledge  and 
raoi^^H^e  the  said  r^ad  and  its  i:pp»Midages,  or  an)  jiart 
thei  c.if,  or  any  oiiier  jirtp-Tty  or  tirecr*,  rigt'ts,  credits 
or  l.inoliib'es  uf  t!i»;  said  ct»mj>  »ny,  as  secuiity  lor  any  loan 
of  Hi  )ney  and  int>.'rest  ibereon,  and  to  dispone  of  ihu  bonds 
issiii  d  tor  such  loan,  at  sucli  rate  and  on  such  terms  as 
the    » lard  of  directors  may  determine. 

§  I  J.  Tlie  saiil  company  shall  have  power  to  make,  By-iaw». 
ord  'I  and  establish  .'^11  such  by-laws,  rules  and  r^guU- 
tioi'  -'S  may  be  deemed  expedient  and  necessary  to  lulli  1 
the  pii/poses  and  carry  into  tlfeci  the  provisions  ot  this 
act,  <inA  for  the  well  ordering  and  securing  the  affairs, 
bus' !»'.«» J  and  interests  of  said  compan}:  I'rovUvil^  that 
the  '-lire  be  not  repugnant  lo  ihe  constitutinn  and  laws  of 
the   united  States  or  ot  Hiis  stale. 

5  il.  This  act  bliall  be  ctemed  and  taken  as  a  public 
act,  ^.jd  shall  be  ronstiui^d  beneficially  for  all  purposes 
her   iM  ."pecified  or  intended. 

ApfRovED  Fjb.   13,  1857. 


AN    \r?T  t^  nmoi.d  the  jharter  of  the  Illi.ioia  River    Bridjje  Company,  at  'ci*-  13,  1M7. 
Ot'i'va,  and   to  ,\.\\y   taxt.f'.   certain  towns  in   La  Salle   county  lo    io;ui 
nui{.<-y   lo  8ai:l   c  niiiiany,  and  lo  provide  for  building  a  bridi;e  acrosa 
Ci   al  cretii,  in  La  idlle  county. 

WuKREAs  the  bf'ic'gp  across  the  Illinois  river,  at  Ottawa, 
h  ts  recenti)    been  greatly  damaged   by  flood   and  ice; 
and  whereat;  said  bri'Ige  is  oi  gieai  local  importance  to 
tlij    towns    iiert  inai"t«*i  named  — lor   the  purj)ose   of  en- 
a'liing   such  tuwiis   a     ra;iy  so  determine   to    loan   their 
cr^-dit  to  the  Iliiuois  River  Bri'ige  Company,  at  Ottawa, 
to  ri'construct  said  biid>/e;  therefore, 
S>:ciioN   1.      Bt   it  enacted  hy  the  jieojjh-  of  the  state  of 
IlUiinr^  representtU  1)1   the   Gtnen/l  ^'jKsem/Ui/^  That  the 
town  oi   Ottawa,  in  said   county  ot  La  Salle,  be   and  it  is  n-ndu  u.  t>«  i«- 
liereby  "iiuthorized  'o   is-Jue    boiids,  bearing   interest  at  the    oiuw*/.  "^"^  ** 
ratt;  often  percent,  per  amnim,  payable  semiannually,  to 
any   auit)unt,  not  exceeding  ten  thousand  dtdlars,  and  to 
sell  raid  bonds  and  io  m  the  money  arising  from  the  .<iale8 
thereol  to  the  Illinois  Rlvcr  Brirge  Company,  at  Ottawa, 
upon  such  terms  as  may  be  ftgrei'd  uj)on  between  said  c(  ni- 
pan^   .uid    the  supervi>or    and    town    cleikof  said    town: 
PruviUtdy  that  the  rep•^3ment  of  the  sum  so  loaned   shall  ^n?o?tRl^!*^  ^ 


1S57.  674 

be  securtM?  ^y  mortgage  ap  >•!  all  tho  proprrty  cf  s.:  ^  om- 
p«ny-  Said  mor'g^ge  sIihII  b"  filed  witli  the  toui  ork. 
Saul  bo!nls  shall  be  pax  able  at  such  {'unts  as  ma}  xed 

upon,  not  exotoiling  ten  years  l"r{)in   their  datf  ;  the 

lo^u  to  be  ui:i  le  to  said  oouipany  shall  be  made  pi  e  in 

time  to  provide  for  tlie  pa3Uient  of  the  bonds  of  s.u  wn: 
.//<</, /;rt>r<(A  f/,//////»-r,  t'lat  said  bonds  shall  not  h  ued 

unlil  the  legal  voters  of  said  town   shall  deterniihi  the 

manner  hereinafter  provided,  that  said  town  shall  'end 
its  credit  to  said  company. 

r  <^       ^  -•      A  spi'cialtoWM  meeting  of  said  towirshall  I        jjd, 

^"'j^  at  the  u<u  il  place  of  hoMing  tlections  in  said  towi  the 

...-.•.upj      >•' secoad  Satiirilay  of  March  n«  xt,  at  which  the  leg;.         lers 
of  said   town  shall  vote   upon   the  question  of  loaii  the 

credit  of  the  town  to  said  bridge  company  ;  and  i  ma- 
j 'rity  of  the  legal  voters  voting  at  siuli  election  s  1  be 
in  favor  of  ?ueh  loan  then  the  supervisor  and  tow  lerk 
of  said  town  shall  prepare  and  execute  bonds  for  (  >en- 
icnt  sum*,  bearing  interest,  as  ;iforeS8id,  and  tii  ame 
shall  be  negotiateil  and  the  mone)  rising  therefroi  .  shall 
be  loaned  to  said  biidge  compHny. 
rMWMi«Ti«4       §  o       To  provide  for  paying   the  principal  and   i       rest 

JiJ^B^5J^**'.t!!j  of  sanl  bonds  a  special  tux  shall  hr.  levied,  to  be  co      oted 

iwtmtmt.  03  otiier  ta\»  s  are  by  law  required  to  be  collected. 

!j  4.  It  the  legal  voters  ot  the  tnwn  shall  at  the  >  cial 
town  meeting  herein  pro'ided  for  <letermine  not  i  loan 
the  credit  of  the  town  to  said  bridge  com]>any,  th  n  the 
sup»-rvi^or  of  said  town  shall  at  any  time  call  a  .«>;  cial 
towii  meeting,  on  the  applieation  of  twri,ty-five  legal  tcrs 
of  said  town,  giving  not  less  than  ti  u  nor  than  t  i-nty 
day**  notice  of  the  limf  and  place  of  such  meeting,  at  liich 
town  meeting  the  question  of  such  loan  may  be  suhi  .  tted 
to  the  people;  and  if  the  town  «t  such  special  town  neet* 
ing  shall  iletermine  to  make  said  loun  the  same  shal'  'e  as 
eff.ctual,  for  all  purposes,  as  though  such  loan  w<  de- 
t<-rmii.«  d  on  at  tht-  town  me<  ting  In  r«  in  first  provi(  for. 
M  -fi  .'>.  Any  other  town  of  said  county  may  and  i--  '  tby 
*  authorized  to  take  the  same  action  herein  provided  the 
faid  town  of  Ottawa,  and  may  issue  bonds  and  1<  >  the 
m  i.'-y  tf>  paid  company,  for  any  sum  ixtt  exceedii  lour 
tit')  1. and  dollars,  on  the  .<:ame  terms  and  condition*)  .  are 
herein  provided  f«r  the  loan  from  said  town  of  Oil  iwa; 
and  if  mortgaged  shall  be  issiifd  by  said  company  to  more 
than  one  town  for  money  so  loant  d  by  said  town,  undi  r  the 
>roviiions  of  thii  act,  all  such  mortgages  shell  bo  <  (jual 
i«ni ;  and  no  one  shall  be  absolutt;  to  the  exclusion  <<{  the 
ol!.<r.  S[i»'<  ial  town  meetings  slutll  he  held  in  the  man- 
Ti«r  li«r»'in  pjovided  lor  the  hoh.ing  f»f  a  ''•pecial  town  meet- 
ing in  the  t)wn  of  Ottawa,  and  at  the  sain"  time,  and  for 
tbu  same  purpose  in  the  towns  of  South  OUuwa,  Jiruce, 


i; 


575  1857. 

Grand  Rajjuls,  Farm   Ridge  ami   Ditr   Paik,  in  La  Salic 
county. 

v^  0.  No  titlior  bii(l<^«*  sImII  Ik*  l)nilt  ai-rnss  said  Illinois  c-'omiim other 
rivtr  williin  thrt-t-  inil»s  i»f  said  hriil^e  witliin  sevrn  jtjrs  nVmubrit^r?* 
after  tlie  j)iissaL!;»'  «>f'  this  act. 

&  7.  Said  bridj;"  cdinpaitj  shall  have  the  right  to  bor- 
row money  to  sui-h  an  amount  as  may  be  necessary  to 
rebuild  their  bridge,  upon  such  terms  as  may  be  agreed 
uj)on  ;  and  saiil  cinnpany  may  increase  their  capital  ttock 
to  any  amount  necessary  to  rebuild  their  bridge. 

^  ^.  Said  bridge  eomj)any,  until  they  shall  have  com-  •'""x  ><riviietw 
pleted  the  rehnildii.g  their  t'ri<lge,  shall  have  exclusive  I'luy? 
right  to  run  a  iVrry  across  the  Illmois  river  at  Ottawa,  and 
may  receiv*  the  same  rates  of  ferriage  that  they  were  per- 
mitted to  receive  as  toll  nj)on  said  bridge  ;  and  said  ferry 
shall  he  subject  to  all  the  resti ictions  and  liabilities  pro- 
vided for  in  relation  to  ferries  in  chapttr  4'J,  of  the  Re- 
vised Statutes,  entitled  "Ferries  and  Btidge><.'' 

§  9.     The  word  "repealed,"  in  the  last  line  o'  section  Amendment    cf 
one,  of  "An  act  to  amend  the  charter  of  the  Illinois  River    ,' """'^  ".""^i" 
Bridge  Company,   of   Ottawa,"  ft-b.  l'),  1805,  is   hereby    "'""■'•'    "*«''^ 
stricken  out  ami  the  word  "legalized,"  substituted  in  lieu 
thereof  — the    said    word  "repealed"  ha\ing  been,  by  mis- 
take   incopjing,   substituted    for  the    word    "legalized;" 
and  said   mistake  shall  in  no  way  affect  the  rights  of  ."aid 
company,  but  the  said  section  shall  be  construed  «s  if  t!ie 
last  word  of  t'.e  same  had  originally  been  correctly  writ- 
ten "legalized." 

§10.      Elmer    Baldwin,    of  Farm    Ri<lge ;  John  V.   O.  commu-fioners 
Hoes,  of  Ottawa;  J.  P.  VViswell,  of  Deer  Paik,  and  Da\id    Zennme  cJj 
S'rawn,  of  South  Ottawa,  are  hereby  appointed   commis-    "'  '".'!'''*  '"* 

I  111  I  I  I  <incr    pur- 

sioners,  who  shall  meet  togetlier  at  the  court  house,  in  vj*e». 
Ottawa,  on  tlie  first  Monday  in  May  next,  or  as  soon  as 
practicable  therea'ter,  and  shall  determine — first,  n  hat 
would  be  the  cost  of  a  bridge  across  Coval  creek,  on  the 
road  running  from  Ottawa  to  Vermili  )nville  and  to  im- 
prove said  road  from  Coval  creek  to  Ottawa — second, 
they  shall  fix  the  amount  and  the  proportion  that  ought  to 
be  paid  bj  each  of  «aid  tjwns  towards  such  i>nj)rovemer.t ; 
or  if  they  believe  that  a  portion  of  a  town  ought  to  con- 
tribute to  the  expense  of  sai-l  improvement  and  not  the 
whole  of  such  town,  they  shall  <!.  termint  what  portion  of 
such  town  shall  contribute  to  such  improvement  and  what 
amount:  PruviUci/y  the  whole  iiniunt  of  the  expense  of 
said  improvement  shall  not  cxcee.l  ll:r«  e  thousand  dollars  : 
tdnd,  proridcd,  that  the  propoition  Id  hf  j)aid  by  any  ono 
town  shall  not  be  fixed  without  the  c<  ;,currence  of  the 
commissioner  residing  in  such  town. 

§  11.  Before  ent»'ring  upon  tin-  discharge  cf  the  duties  oatM.fccmm;.- 
prescribed  by  this  act  said  cummitsioners  shall  each  take    •'""*"• 


185T.  ^'^ 

.in  o»t'»  Sefor^  <ome  person  authorized  to  administer  oaths 
t'«il>iiiill*'  to  perforin  the  duties  herein  pre.*i'nh»>d  ;  a!id 
af(fr  t'lf)  shall  have  fixed  the  proporiio:i  and  amount  to 
be  p  »i  '  hy  eAc.h  town  or  portion  of  the  town  they  shall  file 
a  ceitifi-d  copy  of  thfir  deoisiv)n  with  the  town  ciiik  of 
each  t  iwn  res'pectively,  and  the  am  funt  shall  he  Hpjtor- 
tioned  hy  the  clerk  upon  all  tlie  taxahle  property  in  such 
township  or  portion  of  a  township,  as  the  case  may  be,  so 
that  tlie  same  shall  he  equally  a|»|)ortii)npd,  nccor.,in<>;  to 
the  v.i'ue  of  tli_e  prtipert)  ass»'<s«'d  ;  and  snid  amount  s!idll 
be  C'ill«'Cted  in  suoh  township  or  ])()rti.in  of  a  townshio,  as 
t!ie  c<*<i'  may  he,  ia  the  i.ame  manner  that  taxes  for  town 
purp-Ke-*  are  collected. 

§  \1.  Wlun  the  sums  so  assessed  slmll  he  collected  it 
shall  h**  paid  to  the  commissioners  ahove  nuined,  who  shall 
can**'  ^aid  iridj^e  to  he  huilt  and  said  road  to  l»e  approved, 
and  St. ill  make  a  report  of  'hfir  ae.ts  .md  t<  nder  an  account 
of  lliH  moneys  whioli  may  come  to  iheir  hands;  which 
report  and  a.u'oiint  shall  he  under  oatti,  and  be  liled  in 
the  offii-e  of  the  clerk  of  the  county  ^oMit 

^  \\  Tliis  act  sliall  he  deerntMl  and  t  iktii  to  he  a  pnhlic 
act,  and  shall  take  elfvict  and  be  in  f..'rce  from  aid  after 
ils  p  «■  -^'aj^e. 

A'fRovKD  Feb.  I'.j,  1807. 


n*.  la.  tV7.      .\N   ACT  incor|)oratiiig  and  chnrteriiig  thr  Kcrkiik  aixl  iinn.litui     'ri«!g« 

C'lmp.iny. 

Skction  1.  //'•  //  rntirfifl  h>/  //tr  jiropfe  of  the  sift"  uf 
Vliu  ns^rrprtneutul  in  Ihr  fSriiefft/  >is^pni'>ff;.  Tint  Artois 
%m»T *»rt9t%'0  Hjmdton,  IIi^h"W.  Simple,  .John  INli'Ciinr,  Hiy«iit  Hart- 
lett  and  Sain'iel  H.  Cu'ti:,  tlie-r  u^^sorMHles,  siu  <•»  s  <or.'', 
Iieiri  and  a«»«'ii;ns,  be  and  .ir<-  hereby  incorporated  and 
rrca'ed  nto  a  hody  corpoi  ite,  under  tin*  name  and'Htyio 
of  "Til''  Keokuk  and  Ilamil'iin  Jlrid^e  Company,"  witli 
r*^'  %•  *.»u  power  to  build,  construct,  maint;»in  Hiid  use  a  bridge,  for 
wt4c*.  fc«.  railroa  I  anfl  othf-r  |jurpo>;e.'",  over  the  .Mississippi  river,  or 
tint  p  »rtion  uithia  ihc  jurisdiction  of  the  state  of  lllinoi.", 
from  or  u'-ar  tltr  town  of  Hamilton,  in  the  cor.nty  ol  Ilan- 
co'rk,  tr>  K>-oknk,  in  Iow«,  in  (inch  manniT  as  will  not  ma- 
terially obstruct  ih'  fidvi{»atiori  of  said  jivrr;  and  to  con- 
nect, by  railroad  or  otherwise,  Naid  bridge  with  any  rvil- 
ro  id  or  ruilroad.4  t'-nninating  or  njtproximatinp;  to  fuch 
hrid^»»',  'vifhin  thin  state  or  the  state  of  If)wri ;  to  uni  e  und 
con'»'dJdate  iti  fraiichifle<r,  stock  and  |irr>pcrty,  or  any  por- 
tion thereof,  with  any  railroad  or  other   company  or  com- 


577  18.57. 

panics,  in  tliis  or  any  other  state  ;  to  fix  the  amount  of  the 
capital  stock;  to  divide,  (ran-'fcr,  increasi*,  or  diminish 
the  same;  t)  create  and  contract  debts,  borrow  money, 
lease  or  mortijage  the  whole  or  any  portion  of  the  pro- 
perty or  etfccts  and  franchises  of  the  company  ;  to  con- 
tract, bargain  and  at^ree  with  any  person,  persons,  ro»n- 
pany  or  companie-^,  for  and  in  tlie  construrtioti  an<l  use  of 
said  bridge  and  the  appiirteninces  ;  to  sell  or  lease  said 
bridge  or  franchise,  or  any  portion  thereof,  to  any  com- 
j)any  o«*  corporation's,  and  take  and  acquire  the  right  of 
way,  stone  and  all  other  privileges,  essmtial  and  usual  in 
the  construction  of  the  improvements  herein  authorized, 
according  to  t!ie  laws  of  this  state  iclating  to  the  rights  of 
way  for  internal  imj)rovements  or  other  purposes.  The 
said  com[>dny,  their  associates,  successors  or  assigns,  to 
have  five  years,  from  the  passage  of  this  act,  to  commt  nee 
said  bridge,  and  ten  years  thereafter  to  cornplt-te  the  same. 

§  2.  This  ;ict  to  be  taken  as  a  public  tict,  from  and 
after  its  passage,  and  shall  be  liberally  ar.d  beneficially 
construed  in  favor  of  the  company,  fjr  the  purposes  herein 
contained. 

ArpRovKD  Feb.  13,  1857- 


AN  ACT  to  set  asitie  and  vacate   certain  alleys  in  the  city  of  Chicago    Feb.  JS,  18»7. 
and  change  the  same,  as  pow  laid  out  by  subdivisions. 

Section  1.  Be  it  enacted  hy  the  people  oj  the  ftdite  oj 
Illinois^  represented  in  the  General  *^sseiti')lij.  The  east 
seventy-five  feet  of  the  alley,  in  block  fourteen,  and  the 
west  seventy-two  feet  of  the  alley,  in  block  twelve,  all  in 
Butler's,  Webster's  and  Wright's  addition  to  Chicago,  be 
and  the  same  are  hereby  set  aside  and  vac:\ted,  and 
changed  iind  turned  into  the  N^rtli  and  South  alleys,  as 
laid  out  in  Martin's  subdivisions  thereof. 

Approved  Feb.  13, 1857. 


AN  ACT  for  transcrlljln^  cerain  records  In  Lawrence  county.  ^v^^  >>  tW^. 

SECTioy  1.      Be  it  enacted  ht/  the  penph  nf  the  state  of 

Illinna,  represented  in  the   General  Jli'tem'di/y  That  for 

the  preservation  of  the   mark?  and  brands  of  owners   of 

stock  in  sail  county,  since  the  1st  of  January,  A.  D.  1821, 

—59 


ISoT.  578 


•nJ  «l<o  probate  recortl  (A)  of  the  probate  court  of  said 
count),  tl.at  E.  Z.  Kysu.,  ot  saitl  roiinty,  be  ami  he  is 
hrrt-b)  auihori/t  d  and  requireil,  by  himself,  or  liis  tlej  uty, 
to  transeiibe  and  imlex  said  recorJ.^  ii.to  well  hi)Uiid 
books,  U)  be  furnished  by  the  c«uinty  commissioners'  court 
of  sail!  eount>;  and  for  that  purpose  shall  have  access  to 
sail!  recoriis. 

a,n,f^,    ,,»»».       ^   *J.     Wlien  said   records  sliali   have   been  fully   trans- 
•rur4.   w    i-«  criluci,  aforesaid,  the  same  shall  become  and  constitute   a 
poitiiMi  of  {\iv  records  of  said  court,  and  shall  be  as  valid 
in  law  as  if  ori<iinally  recoidetl  in  the  same. 

oa«H*«*it^n  §   •'»•     That  llie  Said   E    Z.  Ryan  shall  be  allowed,  as  a 

JJ^'^J^'^'"*  compensatiot*  for  the  peilorming  the  duties  r<quiied  of 
him  tinder  this  act,  for  every  one  hundred  words  and 
lines,  in  transcribing  said  records,  ten  cents;  to  be  ]>aid 
out  of  the  county  treasury,  fioin  time  to  time,  as  the 
transoiibing  may  progress. 

j«te*  ct  fryv'r       §    4.      It    ^hali    be  tlie    duty    of  thr  judge  of  the  county 

l»rrr»»i*r«^1TT  conn  of  sai«i  ii»unty,  within  three  months  after  the  tran- 
'•**j  scribing  of  the  piobale  record  and  the  records  of  maiks 
and  brands,  as  alurrsaid,  shall  have  been  completed,  to 
canlullv  com|)are  tiie  same,  in  open  court,  with  the 
original  records  as  aforesaid,  making  citrrectiims,  if 
nel»-s^ar^,  and  certify  the  sbum-,  und«'r  his  signature,  as 
bf ing  a  true  and  perf«'ct  transcript  of  faid  records,  as 
originally  recorded;  and  the  said  judge,  having  associated 
to  tiimsrlf  one  or  belli  of  the  county  jtistices  of  the  peace 
of  said  county,  shall  in  like  manm  r  examine  and  con']>aro 
the  transrript  of  said  recdtds  with  tin-  original  icet^rds, 
and  certifN  the  faiiu,  under  their  signatu.es,  as  being  a 
tru»-  ami  ptrlecl  Iransciipt  of  said  n  (•t)rds,  as  originally 
rerorded. 

&   .'>.      This   act   to  be   in   tirecl   fiom  and    alter  the   1st 
day  of  Marrb,  A.  D.  1H;'>T. 
Ai'movcD  Feb.  1:5,  lHo7. 


to   tb«    <v<rrtct- 


r«».llittrT.        A*.'    ATI"  'o  »m*ti'1  nn  iir»  ruflllrd  <'An   nrt  to  inrorpcirate  llio  Otiawn, 
Otwrgo^lid  Fmx  liivcr  iiailroail   ('(iiii|iatiy. 

Section  1.  //r  i/  emtclrd  hy  the  pei>j)lt'  i>f  i/if  stoir  of 
IHtuoUy  rrprrstuli (I  in  thv.  (jvueral  Jlsstvilih/^  'J'hat  so 
tiiucb  of  the  act  entitled  "yVn  net  to  incorporate  the  Otta- 
wa, Oxwego  and  Fox  River  Railroad  (.'omjiany/'  in  force 
Angiiit  2Jif,  \K)1,  an  requires  said  company  to  comnienco 
th»ir  work  within  f(»nr  jears  and  to  complete  the  Hamo 
Within  twelve  yeara,  be  and  the  same  is  hereby  repealed, 


579  1857. 

•  ^■~"^"^~ 

anil  tliat  tlie  organization  of  the  company  heretofore 
eflVi.-tfd  ui»der  the  same,  and  (he  rights,  |.oweis  and 
priviUgts  conferred  upon  thf-m  hy  said  act  and  the  act 
amendatory  thereof,  ifi  force  February  »8,  ]8.  4,  fhwil  not 
be  in  anywise  atl'ected  hy  reason  of  their  not  commencing 
their  work  within  (our  years  from  the  pa.«^sage  of  .sai«l  act, 
but  shall  remain  in  full  foroe  the  Siime  as  if  no  sucfi  limi- 
tation had  heen  inst  rted  in  said  ai't. 

§   -.      This   act  shall   he   h^-ld   t>   he   a  public   act,   and 
shall  he  in  force  from  and  after  its  passage. 

AppaovKD  Feb.  lo,  18i>7. 


AN  ACT  to  .•iiilborize  JeitMiiiah  Crotty  to  collect  tolls.  Feb.  18,1887. 

Skction  1.  Be  it  enacted  hy  the  people  dJ  the  state  uj 
Illiiuns,  represented  in  tUe  General  >,lssmihii/^  That  Jere- 
miah Crotty  be  and  he  is  hereby  aufhori/«d  to  erect  a  toll  nichito(iemw»d 
gate  at  eittier  end  oi  the  brnige  lierf"i,>;ore  erected  by  tuerccf  flxeu. 
him  across  the  Illinois  and  Michigan  c;mj.  I,  in  the  county 
of  La  Salle,  on  section  twenty- three  (:_l,)ifi  township 
thirty-three  (•)•))  north,  of  range  five  ("))  east  of  the  third 
principal  meridian,  and  to  demand  and  receive  from  all 
persons  cr(»s-?ing  said  bridge,  the  followirig  rates  of  toll, 
that  is  to  say:  lor  every  vehicle  drawn  b)  two  horses  or 
other  animals,  ten  cents:  for  every  vehicle  drawn  by  one 
horse  or  other  aiiim.il,  live  cents;  for  eaeli  horse  or  otiier 
animal  ridden  across  said  bridge,  five  cents;  uft  every 
horse  or  other  animal  crossing  said  bridge,  not  attached 
to  any  vehicle  for  the  purpose  of  drawii  g  the  same,  and 
not  ridden  across  said  biiJge,  three  cents. 

§  -.  The  board  of  trustees  ol  the  Illinois  and  Michi-  nriJae  to  bo  ap- 
gan  c.inal  or  the  board  of  su[)erviMirs  of  the  coujity  of  ''"'"'* 
La  Sdlle  may  at  any  time  have  «aid  bridge  apjjiaised,  by 
three  appraiser.*,  to  be  appointed  by  the  county  court  of 
La  Salle  county,  on. application  of  said  board  of  tiusiees, 
or  said  board  of  supervisor.*,  and  uj)on  the  |  avmr'nl  to 
eaid  Crotty,  or  a  tender  of  payin*  nt  to  him  by  said  Loaid 
of  trustee;.,  or  said  boaid  of  supervisors,  ot  the  amount 
awarded  by  tiaid  appraisers  as  the  value  of  said  bridge, 
then  and  in  suih  case  all  the  rights  conferred  hy  this  act 
upon  said  Crotty  shall  be  determined,  and  said  bridge 
shall  immediately  become  a  free  bridge. 

§  .;.  Sat  1  Oridge  is  hereby  declared  to  be  a  public 
higliway  wit'iin  the  operation  of  the  several  laws  of  this 
state  for  t!ie  protection  <>f  highways  and  bridges. 

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

Approvej  Feb.  13,  1857. 


1S57.  580 

»•«.  li.  «*>■:.  A\  ACT  to  tnforp«»r.nJ«>  <h^  O'tawn  Mnmif.irtnrirjr  Compsi'v,  nt>«l  to 
a<tUu>iu«  SAul  coinpAiiy  lo  IxiiUl  m  itnut  .u-io>ia  the  liltimis  iivii.  .-.tul  to 
u*«  lb«  WAter  |>o\irtr  ibvreby  crrattil. 

Section  1.      Tit-  it  enuclrd  by  the  people  of  the  staff  rf 
i't'inui.tf  represtttfiif  in  the  (inural  tifstrnh/i/,   Tlint  Pliilo 
««M«»«f  my*.  LiiullfV)  Jolin    D.    Caion,   Grorgo    K.  W.ilkrr,    Hiiiry    F. 
'•*"-  Fun./,  WiliMin   II.  L.   Wrtll.uf,    RioliHrd   Horn,    Liician 

P.  S  iiiijer  aii'l  Ji»si  j'li  O.  G'ovtr  «ml  tlair   assooijitis  und 
•w    •<»•»«>»». ''•'*'^'*'^**'"^   *"^*'  li«T»'l)V   i;r<  rtted  i»  •loH^    politic  and   ct>ij)o- 
«'«^  rate,  under  the  iixine  and  st\It'  of  '*TIm'  Ottawa  Mounfac- 

ttirin»»  Coin|»itn>,"  with  ptrpiturtl  siicoession;  and  hy  that 
njtue  uuiy  siw  and  hv  stud,  j)lt>ad  end  he  im|d»'ii('«  (^,  in 
any  court  of  law  or  ♦'quii)  in  this  state;  to  make,  havf  and 
u«e  a  coinnM>n  »<  <*!,  aiul  ihr  sunir  to  Hlt»r  al  pleasvin-;  and 
:5aiiJ  ci)in|'ati)  are  hfirby  vested  with  all  the  ji(>Wt'rs,  pri- 
vileges and  iiiiiniinitits  which  arc  or  may  be  i.ect.^^aiy  to 
carry  into  t-tlVot  the  provisions  of  this  act. 
-    ^  .       ^    -•     Tliere  is  hereby  urunt*  d  to  said  corporation   the 

i^v^M-.i-T.  flight  to  l.)e;«'e,  cou«itruL-t  and  hually  to  complete  a  (!ain 
across  the  Illinois  river,  at  any  poiui  on  said  liver  wiihin 
one  njilt!  above  the  first  islaml  in  the  said  river  aSovc  the 
month  nf  Fox  rivei,  and  to  conslnut  n  race  therefruo  to 
Vox  river,  and  to  use  the  water  puwer  thereby  created, 
fur  h)drau!ic  purpose*,  and  to  constrni't  and  maintain  all 
ll»e  laces.  slrucnires,  mill'*,  factoiies  and  shops  nee  S'-ary 
for  an  advanta^eiuis  use  of  said  water  power,  and  to 
diicharge  the  watt  rs  info  ti  her  the  Ki  x  nr  Illinois  rixer'', 
at  iiucti  point  or  points  as  may  be  deeintd  most  advanta- 
genuB. 
<«  .       ^  ;i.     The   capital   stork    oi   said    corporation   shall  be 

fir:y  lh<iuidnd  dollars,  wl»ich  miy  he  inoreascd  from  time 
to  time,  by  a  vote  of  the  sto*  khnldrr-j,  to  any  Mjm  not 
rxceeditu;  tlu?  co'»t  of  said  w.nk;  if  phall  be  «iivid(d  into 
^^are<l  of  one  hundrecl  dnllurs  <  a  'h,  which  shall  be 
Boiif^nible  on  the  books  of  llie  company  only,  and  after 
the  payment  of  all  d«-hi  due  to  .'^^aid  corporation  from  the 
huliier. 
^, ,  s"    *•     Tne  persons  app«»int»  d  by  thi-^  act,  or  a  njajority 

•^  if  t'ii-m,  bImII   open   bf)oks    and    ricii>.  i;   sul>sori|  lions   to 

k   of  said    company,   and    as   soon   as   the   sum   of 
live   tliou*-and  dolLus  of  sairl   iftock  shall   be  stib- 
iliey  may  cafi  a  meetinc  of  the  ptoekholders,  at  a 
to  be  desijjfirtted  by    them,  giving  at   li'iist 
•    (f  tld-    timir   a>id    placo    n(  hoMinfj    the 
tf)  eaeh  stuckhcdder,  or  by  puMi- 
ii    "Mij.'    iiiw"pap<-r  publi':h('<l    in 
id  stockholders    shall 
Iiws  f'tr  the,  i  ppoint- 
u-^  if  'iaid  comp  niy,  and 

tJt  itj^uUl  n^    tin;    u^nirnU'juj   ol  said    company,    and    to 


581  ISf)?. 

alter  tiie  same  in  tlin  iniiniK-r  to  he  providrd  in  said 
by-l:i\v>i:  P rovid>  il^  tliat  tlie  same  sitall  fontam  iiolliing 
iucon'ii'itpnt  willi  tlie  laws  or  coiistttiitioii  ot  lliis  state. 

6  iJ.  Said  C'lnipHnv  may  rfiiiiii**  paxint-nt  ut  amounts  Kfivmentof  »to.k 
subscribed  tor  stuck  at  such  times  and  places  as  tlie 
int*!rest  of' the  company  in  their  opinion  may  demand,  and 
may  enlorce  the  coihction  of  the  same  by  ordinary  conrso 
of  law,  and  nwy  provide  tor  the  hwtViinre  of  delinquent 
stock  in  sucli  maimer  as  their  b^-laws  may  direct. 

§  tj.  Ft  sh;ill  be  lawful  for  said  c  irporation  lo  enter  upon  pnviiepe-itrmu 
tlie  lands  adjoining  said  rivers  and  woiks,  and  make  the  t*i '"^  <^«>'p"r- 
necessary  levels  and  surveys  for  said  dam  and  races,  and 
there  is  hereby  granted  to  said  corporation  the  rit>ht  of 
takio;^  irom  the  bed  of  said  stream,  or  from  the  lands 
adj  (iniiig  or  near  the  same  and  aU)ng  and  at  the  termina- 
tion of  tlie  route  which  shall  be  selected  tor  said  races, 
aarth,  gravel  and  rock,  t  )r  the  construction  of  suid  dam 
and  races,  and  the  right  of  taking  posse.^sion  ol  so  much 
iiiioccupied  land  in  the  vicinity  of  said  works  as  may  he 
necessary  to  occupy  ttmporarily  while  engaged  in  the 
conjitruclion  of  said  woiks,  and  to  enter  upon  and  hohl 
the  land  necessary  for  constructing  the  dam,  races  and 
works  aforesaid  necessary  for  the  proper  use  of  said 
water  ])ower:  Provided^  huicever^  that  if  the  company 
shall  fail  to  agree  with  tlie  owner  of  said  land  or  materials, 
toufliing  his  compensation  therefor,  it  shall  have  the  riglit 
to  acquire  the  title  to  SJich  land  and  materials  in  the 
mannfjr  provided  by  an  act  to  amend  the  law  condemning 
the  right  of  way  for  ])urposes  of  internal  imj)rovement, 
approved  June  li'id,  lS5'i;  and  in  case  the  said  dam  shall 
cause  tlie  waters  of  said  company  to  overflow  the  lands  Dam«frM  to  »ur - 
of  any  person,  and  said  company  shall  fail  to  agree  ^eri'y  'p'oyid«i 
with  said  person  as  to  the  amount  of  his  comjier.sation  '"■"• 
therefor,  the  same  may  be  determined  and  settled  in 
accordance  with  the  provisions  of  chapter  seventy-one  of 
the  Revised  Statutes,  entitled  "Mills  and  Millers." 

§  7.  The  said  company  sha'l  have  power  to  lease  all 
wafer  power  arising  Irom  the  dam  to  be  erected  by  them 
und'T  such  regulations  as  they  shall  make  touching  the 
use  of  said  water,  and  they  are  authorized  to  borrow 
money,  to  bo  used  in  the  construction  of  said  works,  and 
to  issue  bonds  for  said  loan,  at  any  rate  of  interest  not 
exceeding  ten  per  cent,  per  annum;  and  to  secure  the 
payment  of  the  same,  said  company  may  mortgage  or 
convey,  by  deed  of  trust,  its  franchises  and  all  its  rights 
and  property,  bnth  real  and  personal. 

^  8.  The  rights  hereby  granted  to  said  company  shall 
in  no  way  intprf«re  with  the  right  of  the  state  to  improve 
or  to  authori?:p  the  improvement  of  the  Illinois  river,  and 
if  said  river  shall  at  any  future  time  be  made  navigable 


1857.  582 

to  the  point   fixeil  for  the  froction  of  said  i^am,  tlio   s^ate 
shall  Itjtve   llie  liglit  to   ert  ct  or  to   aiitlioiiz*'  the  erection 
ot   a   Miitdble   |.»i-lc   in   the  tlani    of  said    company   for    the 
pas>'age  of  all  boats  or  otlitr  craft  navigatiiitj  said  river. 
T  »c  et«4   fw-       $   '•••     Tlie  sai  I   company   shall   coninience  the  erection 
K«^-  94  •»i4  Qf  5||ij   j^m    within    two   years   and    complete    the    same 
wit  un   five  yvArs  from  the   passage  of  this  act.      This    net 
»hall  oe  detmed  a   ]'ul)lic  act,  junl  shall  lake  efl'ect  and  be 
in  force  from  and  alter  its  passage. 
AlTRovKD  Feb.  l;>,  18.')7. 


r«^  It,  IS0T.       AN  ACT  to  incorporate   the  Almira   College,  Greenville.  Hoiul  count}', 

Illinois. 

Section  1.  lie  it  eiKiclcd  In/  tltc  people  of  the  slate  of 
li'liniis,  represrtitt'd  in   the  Gtueral  Jissnnl)/y,  That  Ste- 

K.-..  •  ..  plien  Morse,  W.  1).  II.  Johnson.  A.  Buie,  William  T. 
Hull,  Seth  Fuller  and  John  B.  While,  be  and  ihey  are 
hereby  constituted  a  body  corjiorate  and  ptditic,  by  the 
name  and-Jtjle  of  "The  Trustees  of  Alniiia  College;"  and 
by    tliat   name    shall   have    perpetu-il    succession,   a   com- 

u-!^  mon  seal,   and  be   able  to  sue  atid  be  sued,   plead  and   be 

impleaded,  in  all  courts  of  law  and  equity;  and  all  lands, 
goods,  moneys  and  chattels  heretofore  given  to  or  pur- 
chased by  or  lliat  shall  he  given  to  or  purcliHSed  by  them, 
shall  or  intended  to  be  given  to  or  purchased  for  the 
endowment  of  said  institution,  shall  be  luhi,  possrssed 
and  enjoyed  by  said  trustees  and  their  .successors  in 
office,  in  iheir^corporate  nann'^ud  oipacity,  fortver,  [and 
they  tiiall  have  power]  to  tulce,  dtmnnd,  receive  and 
possess  all  land.*!  rents  or  other  property  whieli  may  here- 
aft»-r  b»'  given,  grant  d  or  iti  any  way  donated  to  them, 
generally  or  in  special  trust  or  otherwisr;  and  the  same 
shall  be  held  and  possessed  by  th»*  said  trustees  and  their 
successors  forever,  and  to  be  used,  expended  and  disposed 
of  for  the  purposu  of  endowing  the  said  institution  and 
aiding  and  encouraging  harning  in  the  same. 

roi'ir  f  11  k    -•      The  numbiT  of  trustrrs    shall  not   exceed  thirty, 

•**■  winch    number,  howe\«-r,   shall  be   <N-ferniined    an«l    filled 

by  th*"  founders  of  said  college,  at  their  first  met  ting,  to 
be  h»'ld  in  the  town  of  (ireenville,  within  lour  months 
from  the  passage  of  this  act.  The  said  trustees,  so  con- 
stituted, ihiill  continue  in  office  until  their  successors 
•hall  be  duly  elected  and  qualified.  The  ttriiis  of  election 
shall   be    fixed    at   once   in   evrry    four  years.      They   hhall 

0»^«  *<  «*•  h«ve  power  to  seh  rt  a  presiding  officer,  secretary,  treas- 
JJJ^*  u  uf  m,gy  gjjj  other  needful  officers,  and  prescribe  their  duliel 


583  1857. 

anJ  the  duration  of  tlieir  terms  of  servicf,  and  compensa- 
tion tor  tlieir  stTviot'S,  and  retr.ove  tln-m  at  pU-a'^iire. 
Saiil  trustees  shall  have  power  to  j)rovi(le  and  oompensate 
all  necessary  and  jjroper  teacher?,  and  re-move  ihem  at 
pleasure.  Th*^y  may  procure  the  services  of  such  other 
persons  or  officers  of  said  college  as  they  may  deem 
expedient,  and  the  same  remove  whenever  they  consider 
that  the  good  of  said  insiitulicii  will  be  promoteil  thrrehy. 
They  may  m^kc  all  necessary  arrangt-inciits  for  holding 
meetings  of  said  board,  or  of  the  stockholders  of  said 
colleg*},  and  determine  the  time,  place  nnd  manner  of  such 
meetings;  «»nd  they  may  make  all  needful  and  proper 
by-laws,  rules  and  regulations  for  the  proper  condiuting 
of  the  business  of  saitl  colUge,  not  incori'^istent  with  the 
constitutio.i  and  laws  of  the  state.  At  all  regular  meet- 
ings of  said  board,  those  present  shall  cou'^titute  a  (juo- 
rum  to  do  business,  but  at  all  special  meetings,  a  m^j  trity 
of  the  trustees  elected  shall  be  necessary  to  constitute  a 
quorum. 

6   u.      Said   trustees  shall   have  power  to  fill  all   vacan-  Vaoncic*  in  tb« 

-•.i.i.1-  I  .•  Ill  ■        ,1  board  »uppli«l. 

cies  at  tlieir  annual  meelmr^s,  and  all  vacancies  in  tiie 
board,  occasioned  by  death  or  otherwisf ;  and  if  any  trus- 
tee shall  be  absent  for  three  years  from  all  meetings  of 
the  board,  his  seat  sliall  be  thereby  vacated,  and  the  board 
may  proceed  to  fill  the  same. 

§  4.     The    college     buildings    and    the    grounds    con-  Property beinn*-- 
nect»'d  therewith,  and   all   the  books,   furniture,   cabiiiets,    icgo." 
apj)arat'is,    and    all   other  things  and    means   for  affording 
instruction,  shall  be  forever  exempted  from  state  and  coun- 
ty taxes. 

«^  6.  The  presiding  officer  of  said  board,  or  in  case  of  Pre* idem  of  the 
his  death  or  absence,  or  refusal  to  act,  the  secretary  of 
said  board,  acting  under  the  authority  of  said  board,  sliall 
ha\'e  the  power  to  execute  and  deliver  all  necessary 
deeds,  conveyances  or  other  assurances  in  writing,  for 
selling,  leasing  or  in  any  way  legally  or  equitably  trans- 
ferring any  of  the  lands  or  other  projierty  belonging  to 
said  corporation. 

§    tj.      The   capital  sto<;k  of  said  corporation    shall   not  Amotitit  of  «•!«- 
exceed  fifty  thou^aud  dollars;  and  the  said  comjiany   sliall    '•'*^*'=- 
be  required  to  sell  and  di'^puse  of  their  real  estate,  except 
that  mentioned   in  section  four  of  this  act,  within  twenty- 
five    years    after    acquiring   the    fee    sim[>le    title    of  the 
same. 

§  7.     This  act  shall  take   efTect  and  be  in  force  from 
and  al'ter  its  passage. 

Approved  I'eb.  lo,  1S57. 


1857.  584 

r..   :;  i-^JiT.  AN'  ACT  to  Incorporate  "Blackburn Theological  Seminary.'* 


Whereas  Rev.  Gitleon  Blackburn,  D.  D.,  by  bis  deoil  of 
May  tbirty-first,  A.  D.  ISTiT,  convey«'d  to  otTtain  trtis- 
tt'vf,  tbereitt  naiiird,  certain  real  estate  in  tbe  state  of 
liliudis,  rttiuiniig  the  saiil  trustte«,  or  tbe  trustee  or 
trustees  wb<»  may  be  cbosen  to  succeed  tbeni,  to  use 
tlieir  best  efforts  to  procure  an  net  of  tbe  legislature  of 
tbis  state  to  incorporate  an  instiHition  of  learnirifv,  tbe 
objt'ct  of  wbicb  sball  be  ti>  promote  tbe  sj;eneral  interests 
ol  eilncatior  ,  anti  to  qiialily  ycnntj;  nirn  for  tbe  office  of 
tbeijxpel  ministry,  by  i^i\  iiii:;  tbeni  suib  instruction  in 
tbe  boly  scriptures  as  may  enable  tbem  to  perlorm  tbe 
duties  oftbat  bii»b  and  holy  vocation  acceptably  and 
u-jefuily  in  tbe  world;  now,  therefore, 

Skctiojc  1.  Be  if  evfir/etf  hy  the  penple  of  the  state  of 
Plitmis,  reprtseiitti!  in  the  (lemrot  »'/v\<7wA/y,  That  Da- 
vid A.  Smith,  Albert  Hale,  Jnmes  C.  Conckliiifjr,  John  C. 
Downer,  A.  McKim  Dubois,  Jofm  M.  Palmer,  Philander 
Braley,  Augustu's  T.  Norton,  Roberi  W.  Patteison,  Wil- 
liam H.  Brown,  Edward  II.  Johnston  and  Anderson  M. 
Blackburn,  the  present  trustees  un<ler  tbe  said  dee<l,  be 
and  ibt-y  are  berebv  constituted  a  body  corporate  and  })oli- 
•*fU*c«T«o.  ,jp^  l,y  ti,^  name  'and  st}le  of  "Blackburn  Theological 
Si-mitiar)  ;■'  pnd  by  that  name  may  sue  and  be  siied,  plead 
and  be  impleaded,  in  all  courts  and  places  where  justice  is 
administered;  sball  have  petpetual  succession;  may  ac- 
quire, by  purchase,  pift,  devise  or  otherwise,  any  and  all 
e:*tate,  real,  p«r!'orial  or  mixed,  that  m:»v  be  necessary  to 
carry  out  lln-  ptirposes  hereinbefore  expressed;  and  may 
lell  and  convey  any  estate  that  tliey  may  j)ossess  or  here- 
after acquire,  at  their  pleasur»  ;  may  liavp,  use  and  al- 
ter a  common  seal; shall  make  such  by-laws,  for  tbe  regu- 
lation of  tbe  institution,  as  may  t  >  them,  or  a  majority  of 
tbem,  Seem  best  designed  to  promote  its  highest  interests 
^^*!t'^*i,i  and  success;  sball  prescribe  tbe  sjstem  of  theology  to  be 
tfm€nt^.  taught  and  tbe  course  of  studies  to  be  pursued  in  said  in- 
rtituti)n  and  in  the  preparatory  departments  attached 
thereto;  fix  tfie  rates  ol  tuition  and  other  necessary  expen- 
ses;  appoint  professors  and  such  otber  officers  and  agents 
ai  may  be  neeflejl  in  managifig  the  conct  rns  of  the  insfi- 
tuti  in,  ilefine  their  dutits,  powt  rs  and  employments,  fix 
tbeir  compensation,  or  remove  tlwm  from  otlic*-;  shall 
erect  necessary,  buildings,  purcba<!e  bor»ks  and  other  suit- 
able mean^  of  in<«truction,  an<)  make  rules  for  tbe  grmeral 
management  of  tbe  affairs  of  tbe  institution  and  the  regu- 
lalon  of  tbe  conduct  of  tbe  students. 
-^•";»i  {  L',  The  trusfcfs  shill  bave  priwer,  as  often  as  ft  trus- 
tee •  hill  r<'rn  )V»'  fr  un  tin;  state,  <li»',  r»"<igu  or  b'*  removed 
from  otfice,  tj  fill  tUe   vjciucy   by  sumj  resident  of  t,llQ 


585  1857. 

state;  and  shall  have  power  to  remove  any  trustee  from 
his  office  for  dish()n()ral)Ie  or  criminal  coriduct:  Pnn  idid^ 
that  no  such  ninoval  shall  takf  j)lace  without  j^iviiifj  to 
such  trustee  notice  ot  the  charjjies  exhibited  against  him 
and  an  opporMmity  to  defend  himself  before  the  boaid,  nor 
unless  two-t!iirds  of  the  whole  number  of  trustees,  for  the 
time  beins^,  shall  concur  in  such  removal. 

§    :^.      Sdid   trustees   shall  have    power  to  require  from  Bonds  of  ooicen. 
any  and  all  officers   appointed   by  them    bonds,  wi'li   suffi- 
cient security,  for  the  taithful  performance  of  their  diities. 

§   4.     A  majority  of  the  boaid,  convened  at  any  regular  Quo'^'n 
meeting,  shall  be  a  quoriim  for  the  transaction  of  hiisiness. 

6    ").      No   ani)licant  for   the   henefits    of  the   institution ,  Qn^'iflM^o"* 

3  11  ^     itcco^Hflry       for 

who  i"?  a  professor  of  religion   iti  any  of  the  geiieially  ac-    a<iniiihi<.n  into 
knowledged  protestant  denoniinations,  shall   be  excluded      «"">»»'»*'• 
from  the  same  on  accoiint  of  denomir'ation;  but  imuioia)- 
ity  of  conduct  shall  always  be  u  justifiable  ground  of  ex- 
clusion. 

§   ti.     All  property,  rt  al,  personal  or  mixed,  of  said  in-  Taxes  remitted, 
corporation,  shall  be  fo,  «ver  Jree  from  taxation,  for  all  and 
every  purpose  whatever. 

6   7.     Upon  the  acceptance  of  this  act  of  incorporation  Transfer  of  iand» 
by  the  trustees,  under  the  need  oi  the  said  uideon  Klack-    name  of  irun- 
burn,  they  shall    immediately   transfer   all   the    lands  and    ^*®'*' 
other  property,   now   in   their  name   or  possession,  to  the 
corporation  hereby    created;   and    all    suits   to  which  they 
are  parties,  ])ending  at  the  time  of  such  transfer,   shall  be 
prosecuted  to  final  termination  in  the  ntime  of  said  corpo- 
ration, as  if  such  transfer  had  not  been  made. 

§   8.'   This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Approved  Feb-  13,  1857. 


AN  ACT  to  charip  (tie  natr.p  of  I-iiril!a  Dppn,  and  m.ik«>  hej  heir  of  Wil-  Fob.  13, 1867. 
liam  U.  Scurlork  aiul   Ai.n   VV.   Scmlock. 

Section  1.  Be  il  enacted  by  the  ]<eopIe  f>J  the  state  of 
Illinois,  represefited  in  the  General  Jlsscinldy,  That  the 
name  of  Lucilla  Deen,  who  is  now  residin*^  witli  William  R. 
Scurhck,  at  Marion,  Williamson  county,  Illinois,  be  and 
the  same  is  hereby  changed  to  Mary  Ann  Scurlock;  and 
by  tlie  sai<l  name  of  Mary  Ann  Scurlock  she  ^hail  be  here- 
after known  and  called. 

§  '1.  That  the  said  Mary  Ann  Scurlock  shall  be  and  is  C'-nMitnted  boir 
hereby  made  and  constituted  a  legnl  heir  (  f  said  William  R.  T/'inheMri^ 
Scuilock  and  Ann  W.  Scurlock,  his  wife,  with  full  powtr   **''<•  p^^p*"'- 


1W7.  586 

ami  atit'iority  to  take,  ImKl  ami  » njoy,  and  transmit  any 
ami  »\\  |»roj>»'rty  tluit  shall  or  may  (K'sceiid  to  litr  iVom 
sa.il  William.  K.  Sotirlook  or  AnnW.  Sourhnk,  lii:?wil«',  in 
the  ttmno  manner  as  if  she  had  been  •»  natnral  born  child  of 
said  William  R.  SiMilock  and  AnnW.  SiMirlofk,  his  wife: 
ProriJtu/,  that  said  William  R.  Soiirloik  and  Ann  W. 
SiMirlork  shall  first  execute,  under  their  Iuum's  and  seals, 
and  acknowledge  befijre  some  justice  ut  the  peace,  clerk 
ot' the  circuit  or  county  court  t)l  Willimnson  county,  a  cer- 
titi>:afe,  ccr'ir}ing  and  acknowlec'gii  g  the  .said  Mary  Ann 
Scurlock  to  be  their  legal  heir  and  adopted  daughter; 
whidi  >5ai»l  certificate  shall  be  reconied  b)  the  recorder  of 
said  Willi.unson  county  the  same  as  dt  eds  and  other  wri- 
tings are  re(juireil  to  be  recorded,  and  ct  rtitied  copies 
tliereol"  .shall  be  evidence  in  all  courts  iuid  places. 

§  ;>.  That  when  saiil  William  R.  Scurloek  and  AnnW. 
Scurlock,  his  wife,  shall  have  made  their  cirtificate,  as 
specific  d  in  section  two  of  this  act,  and  c:iuse<l  the  same 
to  be  tiled  for  record  in  the  said  r<corder's  office  of  said 
\ViIliamson  rounty,  he  shall,  from  that  time,  have,  use  and 
ex»rcise  all  the  rights,  ]>owers,  pi  ivil»g<s  and  duties,  and  be 
subject  to  all  li  gal  iial)ilities,  over  at.d  conct  rnifg  said  Ma- 
rv  Ann  Scur  ock,  as  if  she  were  the  natural  born  chihl  of 
William  R.  Scurloek  and  Ann  W.  Scurlock,  his  wife;  and 
the  said  Mary  .Ann  Si-urlock  shall  hv  subjt-ct  to  the  same 
control  of  saiil  William  K'.  Si-urlock  and  wile,  and  to  legal 
liabiiiti'S  and  restraints,  under  them,  hs  if  .«;|ie  were  their 
natural  born  child,  until  .she  shall  ani\e  at  the  age  of 
eighteen  year.s. 

§  4.  riii<t  act  shall  be  a  public  act,  and  so  taken  and 
det-ined  in  all  courts  and  places,  and  sliall  be  in  loi  ce  (rom 
and  after  its  passage. 

Approved  Feb.  l^i,  1867. 


IS,  IM7.  AN*  ATT  lo  an(h<iri7.»  tli*  lioavf  of  n'lp-rvinnrd  nf  Schuyler  rounty  to  build 
a  brl<tK«  acrota  (*rook«tl  crrck,  at  tlm  lowii  of  liiiiniii^liaiii,  in  aaid 
cjubtjr. 

Section  1.  ft'-  il  rvarlvtl  t>}/  llie  jimjilr  of  I  he  state,  nf 
lUinnin,  rrprcsi  titrd  in  t/ir  (itucKii  »'/v.S7 ///';/)/,  'J'haL  the 
board  of  Hupervisor.'i  of  Schuyler  county  be  and  they  are 
liereby  authorized  to  build  a  bridge  acro««s  Crooked  creek, 

•  I  tilt  to*fn  •>f  Hirmingham,  in  »iai(!  county,  and  pay  for  tiie 

•  amf!  out  of  th<;  county  fundi  of  said  county. 

5  ■-.  Thi"  act  Rhall  take  effect  and  be  in  force,  from  and 
•ftfT  ill  paaMae**' 

Appaovcs  Feb.  13,  1807. 


587  1857. 

AN"   ACT  to  ameiiil  an  act  eiiMtlfd  '-An  act  to  incorporate  the  town  of   Kcb  13,  i867. 

Ji'i  sey  ville." 

Skction  1.  Be  it  cni^cled  htj  the  people  uf  the  state  of 
I/tmois,  re/ire.sentei/  in  tlie  General  Jissernhiij^  That  the 
won!  "two,"  in  tlie  4th  lii»e  of  the  second  seclion  ot  the 
third  article  ot"  tlie  act   incorporating  the   town  of  Jersey-  ^ 

ville,  he    and  the    sauje  is   nerehy  changed,   so  as   to   read 
*'Joiir,"  iiistt'ad  of  "two,"  as  i.ow. 

^   '1.     Tiiis  act  to  be  in  f»rco  from  and  after  its  passage. 

Ai'PRovKD  Feb.  13,  1857. 


AN  ACT  to  enable  the  Pittsfield  and  Florence  Plank  Road  Company, and  '*^   '3. 1657. 
till'  Wincliester  and  Illinois  River  PLink  Koad  Cuinpany,  to  ripair  llieir 
lodda. 

Section  1.  Be  if  enactpd  hi/  the  people  of  the  state  of 
Ilh)itti^^  represented  in  the  (Uneral  >,9s<{e rnhli/,  Tlidi  tlie 
Pittsfitld  and  Florence  Plank  Road  Company,  and  the 
Winchester  and  Illinois  River  Plank  Road  Company, 
whenever  the  road  of  either  of  said  companies  may  need 
repair,  are  hereby  authorized  to  repair  their  respective 
roads,  with  gravel  or  by  macadamizing,  as  the  se\eral 
boards  of  directors  of  either  or  both  of  said  companies 
may  direct:  P rovided^  that  either  or  both  of  said  roads, 
when  so  repaired,  is  kept  in  good  condition  (or  puhlic  use. 

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

Approved  Feb.  13,  1857. 


A\   ACT  to  incorporate  the  city  of  Ahin^don,  in  Knox  county.  Feb.  13,  1887. 

Article  I. 

Section  1.  Be  it  mnct^d  hy  the  people  of  the  state  of 
Illinois,  represrjiied  in  the  (ienera!  *"/v.ve7/i />///,  That  the 
inhabitants  of  the  town  of  Abingdon,  in  the  county  of  Knox,  style  of  co^por»- 
and  state  of  Illinois,  be  and  tliey  arc  hereby  constituted  a  *'""• 
body  politic  and  corporate,  by  the  name  and  s*yle  of  "The 
City  of  Abingdon  ;"  and  by  that  nam«»  shall  have  perpetual 
succession  ;  and  m.iy  have  and  use  a  common  seal,  which 
they  may  change  and  alter  at  pleasure. 


k<«a-l«tir« 


1957.  r>88 

5  '2.  The  boundarie*?  of  said  city  shall  include  within 
tlifir  limits  all  the  laud  or  territory  wiihin  the  lolloping 
bounc'aries  :  Commencinsj  at  the  southeast  corner  o!  the 
northwest  quarter  of  section  four  (1.)  in  tounshi]*  nine 
,0)  north,  of  range  one  (1)  cast,  in  the  county  and  state 
afor»sdi»l  ;  thence  north  the  distance  of  one  mile  and  a 
quarter;  thence  east  three  (  J  )  quai  ters  of  a  mile  ;  tluiuc 
due  south  one  mile  ami  a  (juarler  ;  thence  west,  to  tlic 
place  of  hcgiiining. 

§  ;^.  AVhenevcr  any  territory  or  tract  of  land  adjoining 
the  said  city  of  Abingdon  shall  have  been  laid  offinto  town 
lots  .tnd  duly  recordtd,  as  rcqtiired  by  law,  the  same  shall 
be  annexed  to  and  f«»rm  a  pot  <»f  said  city  of  Abingdon. 

§  4.  The  inh.ihitants  of  said  city,  hy  the  name  and  sf)Ie 
aforesaid,  shall  have  powt-r  to  sue  and  be  sued,  imjdead 
and  be  impleaded,  deftnd  and  be  defen«led,  in  all  courts  of 
law  nnd  equity  and  in  all  actions  whatsoever ;  to  purchase, 
receive  and  hold  property,  real  and  personal,  in  said  city; 
to  purchase,  receive  and  held  ]»r(q)erty,  real  and  ])er- 
sona',  beyond  the  city,  ft)r  hurial  giouuds  or  l«)r  other 
public  purposes,  for  the  use  of  the  inh.-bitants  of  said  lity; 
to  sell,  lease,  convey  or  disjiose  of  property,  real  and  per- 
sonal, for  the  benefit  of  t'le  city,  and  to  improve  a>»d  pro- 
tect •«ueli  properly,  and  to  <lo  all  other  tilings  in  relation 
thereto  as  natural  persons. 

Article  II. 

Pi«i*i'«      iDt.,       The   following  i.amed    |)ers'>ns,   to   wit:   T.  S.   IJa'sett, 


CmtffrtU  fowtr. 


v«r4*. 


B.  C.  Swarls,  Whitfield  Button,  S.  H.  Uitchey,  Jesse  Per- 
due ttnd  W.  A.  B'))dston,  or  a  majority  of  them,  shall 
meet  at  the  post  olfice,  in  A()ingdr)n,  on  the  first  Saturday 
in  April  next,  and  divide  the  said  city  of  Ahingdon  into 
four  ward."*,  particularly  desciihing  the  boundaries  of  each; 
appoint  three  judges  o?  elections  in  each  ward,  to  act,  in 
all  c<i^»s,  until  their  successors  are  ftppointed,  as  herein- 
after mentioned  ;  fix  the  time  and  plaers  r»f  said  elections 
in  eacli  war<l,  until  the  city  conned  shall  be  elected  ;  give 
at  It^asl  ten  da)s'  nf)tice,  by  jiosling  written  or  juinted 
notice*)  of  the  time  and  places  of  hohling  said  election,  and 
make  full  report  of  the  same  to  the  city  council,  when 
elected,  at  their  fir«t  meeting. 

Article  III. 

eitr<»M<«i.  §1       Thpre  shall  be  a  city  council,  to  consist  of  a  mayor 

aod  board  o(  aldermen. 

§  'J.  The  board  of  ald.rmen  shall  consist  of  one  member 
from  eHcli  ward,  to  be  chosen  by  the  qualified  voters,  lor 
OOe  }ear. 


689  1857. 

§  3.  No  person  shall  he  an  aUlHrmfln  unl*>s?,  al  the  Aidermoo. 
time  of  his  election,  he  is  a  resilient  oT  the  ward  lor  which 
he  IS  elected,  and  shall  have  attained  the  age  ut'  twenty- 
one  years,  and  shall  have  resided  in  the  liniiis  of  the  said 
city  twelve  moiitii-''  next  preceding  his  election,  and  shall 
be  a  citizt-n  ofth'f  Umtt'd  Statt-g. 

§  4.  If  any  alderman  shall  remove  from  the  ward  lor 
which  he  was  elected  his  orfice  shall  be  vacated. 

vj  5.  The  city  conncil  shall  judge  of  qualification,  elec-  Qti»iifl.-atioii  of 
tions  and  returns  of  their  own  members,  and  shall  deter-  Zuuc'iV.'"'"^**' 
mine  all  contested  elections. 

>^  ♦».  A  majority  of  the  city  council  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn, 
from  day  to  day,  and  comj)el  the  attendance  of  absent 
members,  under  such  penalties  as  may  be  prescribed  by 
ordinance. 

^  7.     The  city  council  shall  have  power  to  determine  P"werg  and  du- 
the  rule  ol  its  proceedings,  punisli  its   members  lor  disor-    council. 
derly  conduct,  and,  with  the  concurrence  of  two-tiiirds  of 
the  members  elected,  expel  a  member. 

§  8.  The  city  council  shall  keej)  a  journal  of  itsi  pro- 
ceedings, and,  trom  time  to  time,  publish  the  same  ;  and 
the  yeas  and  nays,  when  demanded  by  any  member  present, 
shall  be  entered  on  thejoiirn.il. 

«}  ih  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  increased 
during  the  time  for  which  he  shall  have  been  elected. 

§  10.  All  vacancies  that  shall  occur  in  the  board  of  al- 
dermen shall  be  tilled  by  election. 

>j  11.  The  mayor  and  each  alderman,  before  entering  oathoioflice. 
upon  the  duties  of  their  othce,  sliall  take  and  subscribe  an 
oath,  that  they  will  support  the  cont^titution  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  al)ility. 

i>^  1-.  Whenever  there  shall  he  a  tic  in  the  election  of 
alderman,  the  judges  oi  election  shall  certify  the  same  to 
the  mayor,  who  sliall  determine  the  same  .by  lot,  in  such 
manner  as  shall  be  prescribed  by  ordinance.  ' 

J^  1:').  There  shall  be  six  stated  meetings  of  the  city 
cou.'ici!,  in  each  year,  at  such  times  and  places  as  may  be 
l^resciibed  by  ordinance. 

Artk  i.f:  IV.— 0/Mc  Cliirf  Kxecutic   OO'icer. 

i^  1.  The  chief  executive  officer  of  the  city  shnll  be  a 
mayor,  who  shall  be  rUct<d  by  qualified  voters  of  the 
city,  and  sliall  hold  his  office  f  )r  two  years,  and  until  his 
successor  is  chosen  and  qualified. 


IS  57  ^''>^ 

^  '2.  No  prr«nn  shall  be  eli«:;il>!o  to  tlip  office  of  mayor 
who  shall  not  [hi»vtj  bt-tn  a  usiiK  nt  of  the  city  lor  one 
year  next  prectrtlinj;  his  election,  or  \A\o  shall  not  have 
attHined  the  a^e  of  tweiity.  five  }  ear5J,  or  who  shall  not,  at 
tlie  time  of  his  flection,  be  a  citizen  of  the  Ihiitttl  States. 
Bmay  ^;  o.  If  any  n».»yi>r,  during  the  fiinc  for  which  he  shall 
have  bfvix  elccttd,  renKUc  Ironi  ihc  city,  his  ollice  shall  he 
vacated. 

)5  1.  When  two  or  more  p^^r^ons  shall  have  an  equal 
niMnb»»r  ol  vole?  for  mayor  the  juilges  of  election  shall 
certify  the  same  to  the  city  council,  who  shall  proceed  to 
dettrmine  the  same  by  lot,  in  such  manner  as  may  be  pro- 
vided by  oruinance. 

vj  5.  Whenever  an  eh'ction  of  mayor  shall  be  contested, 
the  city  council  may  determine  the  tame,  as  may  be  pre- 
scribed bv  ordinance. 

|i  6.  Wlienever  a  vacancy  shall  happen  in  the  office  of 
mayor  it  shall  be  filled  by  tlfttion. 

AllTlll.K     V. 

^  1.  On  the  third  Monday  of  A|)ril  next  an  election 
sh.ill  bt'  held  in  each  ward  of  said  city,  for  one  mayor  for 
tlu*  city,  one  aldnniau  for  each  wiird,  aiid  forever  there- 
after, on  the  thirl  Monday  in  April,  of  each  year,  there 
shall  b»'  an  election  held  for  one  aldrrman  for  each  ward, 
and  every  second  year  for  one  mayor  for  the  city.  The 
first  election  for  mayor  and  aldiTinen  shall  be  held,  con- 
ducted and  returns  made  as  j)rovided  in  sec.  ( 1st)  first,  of 
article  Tcnd,  of  thi^  charter. 
4a^tc»u«a«  of  ^  -J.  Ail  free  whittr  male  iuhaUitantso\-(r  the  age  of  twonty- 
''**^  one  jear.",  who  arc    enlitiiMJ  to  ^■ol»'  for  state   officers,  and 

whoshall  have  been  actual  residents  of  said  city  thirty  ('ays 
next  preceding  ■'aid  election,  shall  be  entitled  to  a  vote 
for  city  officers  :  Pruru/x/^  that  said  voters  shall  give  their 
votes  for  mayor  and  aldermnti  in  the  wards  in  which  they 
glial!  resp.'ctively  reside,  and  in  no  other,  and  that  no  voli^ 
shall  be  received  at  any  of  ':aid  elt'ctions  unless  the  per- 
son olferin^  such  vote  shall  have  been  an  actual  residi nt 
of  the   ward  where  the   same  is   offered,  at  least  ten  da}S 

next  preceding  such  election. 
i 

Artici.k  VI. 

Tu«iut**TM4       ^    1.      The  city  council  shall  have   power  and  authority 

**"***  to  levy   and  collect  taxes  upon  all  property,  real  and  ]>ir- 

Nonal,  within   the   limitH   of   the    city,    not  exceeding    one 

halt    per  cent,  per  annum  upon  the  assefJsed  value,  thereof; 

tod  may  enforce  the  pa)ment  of  the   same  in  any  manner, 


591  1857. 

to  be  prescribed   by  ordiriance,  not  repnptiant  to  the  con- 
stitution of  llie  Uiutfd  States  anil  ot"  this  Slate. 

§   '2.      The    city  council  shall   have  power. to  appoint  a  ■*p'»'°'®<'    t^- 
cleik,  treasurer,  assessor,  maishal,  stipervisor  of  tilreets, 
and  all  such  otln-r  oHicf  rs  as  niiiy  be  necessary. 

§  o.  Tht'  city  cniii!cil  shall  iiave  jjower  to  require  of  omciai  bend*, 
all  officers  appointed  in  pursuance  of  this  charter,  bonds, 
with  penalty  and  security  for  the  faithful  ptifoiuiance  of 
their  respective  duties,  as  may  be  deemed  expedient,  and 
also  to  re(|uire  all  officers,  as  aforesaid,  to  take  an  oath  for 
the  faithful  performance  of  the  duties  of  their  respective 
offices,  before  entering  u])on  the  discharge  of  the  sanu  ;  to 
borrow  money,  on  the  ciedi^  of  the  city:  Provic/i  (/,  that 
no  sum  or  sums  of  money  shall  be  borrowed  at  a  greater  in- 
terest than  ten  per  cent,  per  annum;  nor  "hall  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  j»rojitrty  within  the  limits  of  the  city. 

§   4.      To  approjMiate  money,   provide  for   the  payment  powcr    ot    the 
of  debts  and  expenses  of  the  city.  Sui'reTuu! 

§  5.     To  make  regulations  to  prevent  the  introduction   ''•^'"'  •"  >■*«»"> 
01  contagious  diseases  into  the  city,  to  make  quarantine    debu. 
laws  for  that  purj>ose,  and  enforce  tlie  same  within  five 
miles  of  the  city. 

§   0.     To  i>tablish  hospitals,  and  make  regulations  for  scmrity         of 
the  govi'rnment  of  the  same.  .  beaitn. 

§  7.  To  make  regulations  to  secure  the  general  health 
of  the  inhabitants;  to  declare  what  shall  be  a  ni'isance,  and 
to  prevent  and  remove   the  same. 

§    8.     To  provide  the  city  with  water,  to  erect  hydrants  ciiy     iraproTt- 
and  pumps  in  the  streets,  for  the   convenience  of  the  in-    *"*"'*' 
habitants. 

§  'J.  To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave  or  otherwise  improve  and  keep  in  repair 
streets,  avenues,  lanes  and  alleys. 

§   10.     To  establish,  erect  and  keep  in  repair  bridges. 

^  11.  To  alter  the  bounds  of  wards  an. 1  erect  addition- 
al wards,  as  occasion  may  require. 

§  12.     To  provide  lor  ligliiing  the  streets  and  erecting  Ligtinngstreeu 
lamp  posts. 

§  13.     To  establish,  su])port  and  regulate  night  watches. 

§  11.  To  erect  m%rket  .houses,  to  establish  markets 
and  market  places,  and  provide  for  the  government  and 
regulations  of  the  same. 

^  15.  To  provide  for  the  erection  of  all  needful  build- 
ings for  the  use  of  the  city. 

§   IH.     To  provide  for  inclosing,  improving  and  regula-  Pnbuo  fivundi. 
ting  all  public  grounds  belonging  to  the  city. 

^17.  To  licence,  tax  and  regulhte  auctioneers,  mer- 
chants, retailers,  grocers,   taverns,  ordinaries,  hawkerj, 


1857. 


592 


Un%i»» 


rtrm. 


rrtM*. 


HciKllfr^,  hrokfrs,  |v>u  nbrokers  aiul  money  ohanofers;  but 
tlii.<  slidil  ii.'l  i»f  ciHistnu-il  to  giv  e  powfr  lo  lioeuse  any  one 
to  sell  or  r«'lail  spirituous  or  malt  li(juor$. 

5  IS.  To  iic.aso,  tax  ami  rt^ulate  htu'kney  carriages, 
wa^Oits,  carti  ami  ilrays;  and  fix  the  rate  to  be  clnur^ed 
for  t.'ie  cdniai;e  of  persons  und  for  the  wagonage,  cartage 
and  dra)ane  nf  |ir»)j)t'rly. 

5  III.  To  licfuse  and  reoulate  porters,  and  fix  the  rate 
of  porterage. 

§  :JJ.  fo  license,  tax  and  regulate  theatrical  and  other 
exiiibilions,  >liows  and  umusi  nicnts. 

§  21.  To  restrain,  [Toliibit  and  suppress  tippling 
houS''S,  ilr<«ni  shops,  gaming  houses,  anil  buwdy  houses,  and 
other  disortli'riy  liou>!es. 

J  '21.  To  provide  for  the  prevention  and  extinguish- 
meul  ol  fires,  and  to  org.inize  and  establish  fire  companies. 

J  2-3.  'Vo  regulate  the  fixing  of  chimneys,  and  fix  the 
flues  thereof. 

^  '21.  T)  ro'^ul  ite  the  storage  of gur  powder,  tar,  pitch 
antl  ro^in  and  oilier  combustible  materials,  and  regulate 
pdrlitiun  iVnces. 
»'  §  li.'j.  To  establish  standard  weights  ami  measures,  and 
regulate  thew  eights  and  measures  to  be  used  in  the  city, 
in  a:l  cd^es  not  otherwise  provided  for  by  law. 

^  '2o.  Tiie  proviile  f)r  tlie  insj)ection  of  lumber  and 
measuring  the  same,  and  also  other  buihliiig  materials,  and 
for  the  mi-asnrement  of  all  kinds  of  mechanical  work. 

§  -7.  To  provide  for  the  inspection  and  wcii^hing  of 
hay,  ^tonecoui,  the  measurement  ot  charcoal,  fire  wood 
dud  other  fuel,  to  be  sold  or  used  in  the  city. 

^  2"^.  To  provide  for  and  regulate  the  inspection  of 
beef,  pork,  lii^iir,  men!,  butler,  laid  and  other  provisions. 

^  2.*.  T»>  pr<>viic  for  taking  the  enumerations  of  the 
iniidbitants  of  the  city. 

§  •>').      To  regul  ite  the  size  of  brick,  to  be  sold  or  used 
in  the  city. 
.  I       §  ;il.      To  regulate  the  election  of  city  officers,  and  pro- 
vide f  )r  removi'tg  from  oflice  any  person  holding  an  olHce 
cr»^dled  by   orjiinance. 

>;  :ij.  To  fix  the  eompensatlou  of  all  city  officers,  and 
regulate  the  /ee«  of  jurors,  witnesses  and  others  for  ser- 
viceii  rendered  uader  this  act  or  any  ordinance. 

^  :'.;'..     To  rt  gulate  the  pojice  of   the  city;  to  impose 

•"  i  f  Jiftiturcs,  and  penalties,  for  the   breach  of  any 

••,  anil  to  provide  for  the  recovery  and  appropria- 

ti  (III  ol  ••ucli  fines  uud  forfeitures  and  the   enforcement  of 

lucii  |i«iiMlties. 

§  -il.     Toe   city   council    fliiall  have    exclusive  power, 
diuancc,  to  .saj>pre9S  a.ad  prohibit  and 
-i. 


orUi. 
pre«cril>- 


r>93  1857. 

§  35.  The  ci'y  council  sli^ll  liave  power  to  maUc  all 
ordiiiaiices  wliicli  shall  Uf  necessary  and  pntpcr  (or  carry- 
ing intj  execution  tlie  powers  specified  in  tins  act,  so  that 
sui;h  ordiu mce  be  not  rep  ignant  to  nor  inconsistent  with 
the  constitution  of  the  United   Statts  nor  of  this  state. 

§   'Mi.      The  stjie  of  the  ordinanos  of  the    city  shdll  be  P'>'m   of 
^^Ih'  il  (irdaitii  it  1)1/  the  Citi/  VajuhciI nf  the  (^i(i/  <if»'?')Ui>^itii)iy    W.     *" 

§  :>7.  All  ordinances  passed  by  the  ciiy  council  .shall, 
wiiliin  one  month  afterthty.sli.il  have  been  passed,  be 
published  by  written  or  printtd  notices  being  posted  up  in 
tiiree  of  tlie  most  public  places  in  the  cily,  or  in  some  mw.s- 
paper  published  in  the  city,  and  shall  not  be  in  force  until 
they  sliall  have  been  publi>lHd   as  af)»esaid. 

§  o8.  All  ordiuance.s  of  the  city  may  be  j)roven  by  tfie 
eeal  of  the  corporation,  and  when  printed  or  pr.blished  in 
book  or  pampldel  form,  and  purporting  to  be  jjiirttcd  and 
published  b)  authority  of  the  city  council,  the  same  <h. ill  Oe 
receive,  d  in  evidence  in  all  courts  and  jdaces  without  further 
proof. 

Articlk  VII. 
S   1.     The  mayor  shall  preside  at  all  racetinffs  of  the  city  ''"y*""  pi^p-'Jen' 

•1  I       I       II    1  •  I  r         ufcuuiiul. 

council,  and  sliall  nave  the  casting  vote,  and  no  othei-.  In 
case  of  liOnattendanc^  of  the  ina\nr  at  any  meeting  <'f  the 
board  the  b  jard  ot  a'dernini  shall  appoint  one  ol  th»-iruwn 
number  chaiiinan,who  shall  preside  at    ihat  rneetii.g. 

^  •_*.  The  mayor  or  an>  two  aldermen  may  call  special 
meetings  of  the  city  countil. 

§  3.  The  mayor  sh.ili  at  all  times  be  active  and  vigi-  Mayor'*  <iuii#«. 
lant  in  enforcing  the  Ifiw?  and  ordin  inces  for  the  govern- 
ment of  the  city;  he  shall  inspect  the  conduct  of  all  subor- 
dinate officers  ol  said  city,  and  cause  ntgUgf^nce  and  posi- 
tive violation  of  duty  to  be  prosecuted  and  punished;  he 
shall,  from  time  to  time,  communicate  to  the  aldermen 
sur.h  inlormation  and  recomm^-nd  all  such  measures  as  in 
liis  opinion  may  tend  to  the  improve mfiit  of  the  finances,  the 
p..lioe,  the  health,  Sf  curily.  and  oi  nanu  nt  of  the  cii)  . 

§  4.  Tue  mayor  sliall  have  powt  r,  whenever  h-  may 
deem  it  necessary,  to  require  of  any  tf  the  officers  oi  said 
city  an  exhibition  of  his  books. 

h  '>.  The  mayor  is  hereby  authorized  to  call  on  every  Vhfor**  »r,\hoT\. 
mile  mliahitant  ot  said  cny,  over  the  age  of  ♦  i^hleen  }  ears,  i»w. 
t(j  aid  in  enforcing  the  laws  and  ordinances;  an<l  in  case  of 
riot  to  call  out  the  militia  to  aid  bim  in  suppr»'S>-in<'  the 
same,  or  in  carrying  into  effect  any  law  or  >rdinanc»>;  any 
jierson  who  shall  not  obey  such  call  sliall  forfeit  to  said 
city  a  fine  not  exceeding  ten  dollars. 

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

—GO 


1857.  ^-^^ 

^s,  7.  Ho  sliall  be  conservator  of  the  peace  of  said  city, 
.^„-  u  Tuo  .^„ j  siiall  l.ave  power  and  authority  to  administer  oaths, 
'*^'  issue  writs  :ind  process  undt  r  seal  of  the  cit\;  to  take  de- 

l»osilions,  the  acknowledgement  of  detds,  mortgages  and 
other  instruments  of  writing,  and  certify  the  same  under 
seal  of  the  citv,  whic!>  shall  be  good  and  valid  in  law. 
»,.rt».j«^uc*  ^  8.  He  shall  have  exclusive  jurisdiction  in  all  cases 
•(tkepMoe.  arising  under  the  ordinances  of  the  corporation,  and  concur- 
rent power  and  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  re- 
ceive the  same  fees  and  comj^ensation  for  his  services  in 
similar  cases. 

vs  It.     He  shall  also  have  jurisdiction,  as  may  be  vested 
in  iii-n  by  ordinance    o(  the  city,   in   and   over   all    places, 
within  five  miles  of  the  boundaries  of  the  city,  tor  the  pur- 
pose of  enforcing  the  health  and  quarantine  ordinances  and 
n-^ulaiions  thereof;  and   he  shall  receive  for  his  services 
such  salary  as  shall  be  fixed  by  ordinance  of  the  city. 
itofc.ui,*.      rf     \^    10.      In  case  the  mayor  sliall  at  any  time  be  guilty   of 
Tl^^^X"  a  pa'pable  omission  of  duty,  or  shall  wdllully  and  corrupt- 
ly be  nnilty  of  oppression,  malcunduct  or  partiality  m  the 
discha'^rgeof  the  duties  of  his  otfice,  he  shall  be  liable  to  bo 
indicted  in  the  circuit  court  of  Knox  county,  and,  on  con- 
viction, he  sliall   be  fined  not  more  than  two  hundred  dol- 
lars, and  the  court  shall  have  power,  on  recommendation 
of  the  jury,  to  ad<'  to  the  judgment  of  the  court  thai  he  be 
reroovtd  Iroin  office. 

Article   VHI. 

^   1.     \Vhen  it  shall  be  necessary  to   take  private  pro- 

*'  perty  for  opening,  wideninc  or  alt.ring  any  pul>lic  s(reet, 

lane,  avenue  <  r   alley,  the   corporation  shall  make  a  just 

compensation  to  the  person  or  persons  whose  pro|)erty  is 

tak»-n;  and  if  the  amount  of  such  comjjensation  cannot   do 

agreed  on,  the  major  shall   cause  tlie  same  to  be  ascer- 

tained  by   jury  of  six  di.<intereste(l  fn(  holders  of  the  city. 

§   1      When  the  owners  of  all   the  property  on  a  street, 

-r.';M.i  .'i  lanr,  avenue  or  alley  proposed  to  be  opened,  widened  or 

'•  altered,  shall  j.ctition  thertfor,  the  city  council  may  open, 

widen  or  alter  s.ich  street,  lane,  avenue  or  alley,    upon 

ronlilir.n  t.)  be  prescri'jed  by  ordinance;  but  no  compen; 

jiatir.n  shall  in  sueh  cases  be  made  to  those  whose  proper- 

tyM.all  -Je  taken  for  the  opening,  widening  or  altering  such 

street,  lanf,  avenue  or    alley,    nor  shall  there   be   any  as- 

fe»»ment  ol  benefits  or  damages  that  may  accrue  thereby 

to  any  of  the  petitioners. 

^^    rr.^.».       fs   :',.      All  juiorH  empanneled  to  iiKjuire  into  the  amount 

'J^r.  ••*"'  of 'bentfil.i  or  damage?  which  shall   happen  to  the  owner 


tMic  fowl 


595  1857. 

or  owners  of  property  proposed  to  be  taken  for  openinp, 
widening  or  altering  any  street,  lane  or  allt-y,  sliall  first  be 
iworn  to  that  efH  cf,  and  shall  return  to  the  m.iyor  their 
inquest,  in   writing,  and  signed   by   eacli  juror. 

§   4.     In  a-^certainj;  the  amoutit  of  CDiUjicnsatitin  for  pro- 
perty taken  for  opening  or  widening  or  alterir)g  and  street, 
lane,  avenue  or  alley,  the  jurv  shall   taki^  iiito  considera- 
tion the  b^Miefits  a^  well  as  the  irijur)  happening  by  such  open- 
ing, widening  or  altering  such  street,  lane,  avenue  or  alley. 

§  5.  The  mayor  sliall  have  power,  for  good  cause 
ehown,  within  ten  da)S  after  any  in(|uest  shall  have  been 
returned  to  him,  as  aforesaid,  to  set  the  same  aside  and 
cause  a  new  inquest  to  be  made. 

§  6.  The  city  council  shall  have  power,  by  ordinance,  sp^ciaitax. 
to  levy  a  special  tax  on  the  holder  or  holders  ol  luts  or 
parts  of  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  gra- 
ding or  planking  the  sidewalks  and  lighting  said  street, 
lane,  avenue  or  alley. 

§  7.  Each  [)ublic  road,  within  the  limits  of  the  city, 
shall  be  considered  and  tretled   as  a  street. 

§  8.     Nj  licenses  shall  be   granted,   either    by  the  city  Licensp-" r or !=«i« 
council  or  by  the  county  court  or  board  of  supervisors  of  bidden""'   '"'" 
Knox   county,    for  the  retailing  of    spirituous  lir  uors  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,  gin,  brand}'^,  _ 

whisky,  wine  or  other  spirituous  or  mixed  liquors,  without 
ficense,  within  the  limits  of  said  city,  shall  be  paid  into  the 
city  treasury. 

§  9.  The  city  council  may  provide,  by  ordinance,  ade-  ppTiaiiipsforsei- 
quate  penalties  against  selling  spirituous,  vinous  or  malt  '"'e  I'l"""- 
liquors,  for  any  other  than  medical,  mechanical  and  re- 
ligious purposes;  and  may  provide  against  the  same  being 
drank  on  tlie  premises,  when  sold;  may  provide,  by  ade- 
quate penalties,  against  giving  away  any  of  said  liquors  to 
minors  or  intemperate  persons,  or  permitting  minors  or  in- 
temperate persons  to  resort  to  or  frequent  such  places 
where  such  liquors  are  kept  for  sale. 

Article  IX. 

§  1.  The  inhabitants  of  the  city  of  Abingdon  are  here- 
by exempted  from  working  on  any  road  beyond  the  limits 
of  the  city,  and  from  paying  any  tax  to  procure  laborers 
to  work  on  the  same. 

§   2.     The  city  council  shall  have  power,  for  the  pur-  ^*^<>'"  r«in»red. 
pose  of  keeping  the  streets,  lanes,  avenues  and    alleys  in 
repair,  to   require   of  every  male  inhabitant  of  said  citj, 


1857.  S96 

ovrr  tlie  sj;*'  of  twontv-onr  Ypar>!,  t-^  In>ior  on  saiil  streets, 
lrtiu.<,  avfiines  nnd  all»>vs,  not  exceedini;  tlucf  (lays  in 
cai'li 'an<1  tvfry  }r!ir;  ami  any  person  failinix  or  relusing 
to  perform  such  lttl>oi,  witen  duly  notifuMl  \>y  tlie  supervi- 
sor, sliall  toilVit  aiui  pay  the  sum  of  one  dollar  per  day  for 
fHi'Ji  dny  so  nei^lec^ed  or  refiistd. 
r»«i.k»#nt  fc»  i  r>.  TUf  city  council  sliall  have  power  to  provide  for 
"*^"*'-"*^  tl«e  pimi'-hment  of  iiU'.iidfrs,  l>y  inipris-onnuiit  in  the  cv)un- 
tv  j  «iK  in  nil  cases  where  suoli  DH'tiidcrs  shall  fail  or  re- 
r.is«i  to  p«v  the  fines  and  forlcitures  which  may  he  recover- 
ed  against  theni. 

5   i.     Th»*  ciiy  council  sliall  cause  to  he  published,  an- 
'^"'^u"'.liair!  nually*  a  full   and  complete   statement   of  all   moneys   re- 


C4. 


reived  and  »  spended  by   the   corporation   durin*;  the  ]ire- 

cedine  year,  and  on  wliat  account  receivtd  and  expended. 

S   5,      All    suits,   actions    and    prosecutions,    instituted, 

^y'*ol*li«''a'1  coinmenrrH  or  brought  b\  the  corporation  hereby  created, 

n.r^>uvn.       sl,a|l  be  instituted,  commenced  and  prosecuted  in  the  name 

of  ih**  citv  of  Ahinndon. 

fj  <5.      Appeal   shall    be    allowed  from   decisions,    in    all 
********  cases  ari«in«»  under  the  provisions  of  this  act  or  any  ordi- 

n»u  ce  passed  in  pursuance  thereof,  to  the  circuit  court  of 
Knox  county;  and  every  stich  n|)peal  shall  be  taken  and 
praiited  in  the  same  manner  and  with  like  ellect  as  appeals 
are  taken  from  an  I  ^tai:ted  l)y  justices  of  the  peace  to  the 
circuit  conrt,  under  the  law^  ot   this  state. 

«;  7.     Whenever  the  mayor  shall  a hseiit  himself  from  the 
r«<^    a     r^  citj,  or  shill  resiirn,  or  die,   or  \i'\i  olficc  shall   be   other- 
wise   vacated,    the  board  of   aldi-rmen  shall    immediately 
Iirorefd  to  elect  o^ie  of  their  numi)er  })resident,  who  shall 
»e  m^yor,  pro   ti  in 

i  H.  The  city  council  shall  have  pf)wcr  tu  regulate,  by 
ordinance,  the  rui»iiinv(  of  horses,  mul.-s  or  asses,  attached 
to  w^^ons  f.r  otherwise,  and  to  prevent  the  same  from  he- 
inp  iflt,  without  being  securely  fastened,  so  as  to  prevent 
them  from  running  away  within  the  limits  of  the  city,  with 
adequate  penalti.  s  to  prevent  the  same. 

^!  ".».  Tliis  act  is  hereby  ('eclared  to  be  a  public  act, 
and  may  be  rea<i  in  evi<lence  in  all  courts  of  law  and  cqtti- 
ty  within  this  state  without  proof. 

^'    I'l,     Tlie  city  marshal  or  any  ollmr  olficer  authorized 
c\:i    »»»f.»..!'.  trt  execute  writs  or  other   process,  issued   by   the  mayor, 
1*1  u  *«M/.    jthall  have  power  to  execute  the  same  anywhere  witlun  the 
limiti  of  the  county  ot    Knox,  and  shall  b(!   entitled  to  the 
jtan*  feed  for  traveling  as  art;  allowed  to  constables  in  simi- 
lar Ciisefl. 

Af PROVED  l''eb.  Ill,  1857. 


507  1857. 

AN  ACT  to   Incorporate  (he  Eiir^Wa  Fire  an.l   Marine   Insuranre  Com-  fob.  13,  i-^ST. 
paiiy,  of  CLicago,  Illinois. 

Section  1.  lie  it  e'nactvd  ht/  Ihc  ppoph  of  the  slate  of 
Illinois^  repretieitted  in  the  (renerat  ^'Issetnhlij^  That 
Charles  L«ib,  C  Benjamin  Smith  and  Ri<'haid  B.  Carpen- 
ter, of  Cliioago,  Iliiiiuis,  ami  their  associates,  successors 
and  assifirns,  be  and  th>'y  are  hereby  incorporated  into  a 
body  corporate  and  politic,  by  the  name  and  style  of  tlic 
"Eur.'krt  Fire  and  Marine  Insurance  Company,  of  Chica-  3t>-ie',f  corpora- 
go,  Illinoisj"  to  ha\'e  continuance  and  succession,  for  the 
term  of  fitty  years,  from  and  after  the  passage  of  this  act; 
and  by  said  corj)onite  name  and  style  shall  be,  for  the 
term  aforesaid,  caj)able  in  law  and  equity  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  and  to  do  all  otlier  mat- 
ters and  thinjrs  neces-?ary  in  law  to  protect  and  defend 
their  corporate  rifrhts;  and  may  have  a  common  seal,  wliich 
they  may  change  at  pleasure. 

§  2.  The  capital  stock  of  said  company  shall  not  be  '^^^1'^!^^^/^^'" 
less  than  one  hundred  tliousand  dollars,  which  may  be  in- 
creased to  one  million  of  dollars,  but  no  more,  divided  in- 
to shares  of  one  hundrf-d  dollars  each.  The  stock  shall 
be  deemed  personal  property,  and  transfer;ible  on  the 
books  of  the  company;  but  no  stockholder  shall  be  per- 
mitted to  transfer  his  stock  while  he  is  indebted  to  the 
corporation. 

^  3.  The  persons  named  in  the  first  sec'ion  of  this  a(;t  c-m>«s'<'nf!-.. 
are  appoi;ited  commissioners  for  procuring  said  capital 
stock  of  one  hundred  thousand  dollars,  or  so  much  there- 
of as  shall  be  necessary  for  the  organization  of  said  compa- 
ny; and  said  commissioners,  or  any  three  of  them,  shall  ojien 
subscription  books  for  such  stock,  on  such  da}  s  and  at  such 
times  and  j)laces  as  tlu-y  may  deem  ex[)edient,  and  shall 
give  at  least  one  week's  notice  of  the  same,  in  one  or 
more  daily  newspapers,  published  in  Cliicago,  or  else- 
where; and  said  books  shall  be  kept  open,  Irom  lime  to 
time,  until  the  sum  of  one  hundred  thousand  dollars  shall 
tiave  been  subscril)ed. 

>^  4.  When  the  full  amount  of  one  hundred  thousand  Me«tinp for ^v c 
dollars  shall  have  been  subscribed  and  one  dollar  on  each 
share  of  stock  shall  have  been  paid  on  subscription  to 
said  commissioners,  they  shall  notify  the  stockholders  ol  the 
same,  and  ap]ioint  a  time  and  place  at  which  they  shall 
meet,  giving  five  days'  notice  of  said  meeting,  in  one  or 
more  of  the  daily  papers  j)»iblishfd  in  the  city  of  Chicago, 
and  receive  their  votes  for  the  election  of  not  less  than 
seven  nor  more  than  thirteen  directors,  who  shall  manage 
the  business  of  the  company^  and  who  shall  hold  their  offi- 
ces for  one  year,  and  until  others  are  elected  in  their 
places,  and  who  :>hali,  a'  the  lime  of  their  election,  be  cili- 


1S57.  SOS 

rens  of  ll»e  UniteJ  States,  and  IidIiUts,  respectively,  o 
not  less  tlian  ten  shares  of  stoek.  The  \utin»;  at  all  eleo 
tiuns  siia'l  be  by  ballot,  but  absent  stockholders  may  vol 
by  proxy,  in  writing. 

T*"'?f'Tt«!^       .^    "*•     ^^'''^'"   t''t-     stockholders    shall  have   elected   th- 
^' ••  bo.^rd  of  directors  the   conuuissii^ntMs  shall  deliver  to  th 

said  directors  the  subscription  book,  inout-ys  collected  o. 
the  acount  of  the  same,  and  all  other  papers  and  things  i: 
ll.eir  hands  neces>ary  to  a  full  organization  of  said  com 
pany;  and  the  said  directors  ^hall  proceed  to  orgatuze  b' 
the  election  of  a   president  from   among  their  iiumber,  i 
secretaiy  or  any  other  otficers  or  agents  they  may  decn 
necessary  for  the  successful  working  of  said  company,  wh»- 
shall  ludd  their  offices  during  one   jear.     The  board  shal 
adopt  such  by-laws,  for  the   geheral  conduct   of  the  busi> 
Hess  of  the  cumpanv,  as  they  m.iy  from  tine  to  lime,  deciD 
advisable;  they  shall   also  fix   the    salaries  and  d(  fine   ihe 
duties  of  all  employees  of  the  company. 

^it^in.  **'*^       $  ^^'     ^Vlien  the  board  of  directors  shall  be  organized, 
as  provided  in  section  five,  they  shall  call  in,  by  jiersonal 
or   public  notice  of  at  least  ten   days,   such  an   amount  of 
the  capital   stock  as   they  may   deem  expendient,  hut   not 
less  than  nine  dollars  on  each  share;  which,  togctlor  with 
the   amount  paid  the   commissioners,  shall  constitute   the 
first  installmint  of  the  capital  stock;  and  shall  require  the 
residue  of  the  said  stock  to  be  secured  by  good  and  legal 
slock  notes,   secured   to   the  satisfaction   of  the  directors, 
aitd  payable  on  demand;    and   shall  issue   tlortfor  tertifi 
cates  ot  stock.  Setting  forth  the   amount  paid  in  cash,  an( 
the  amount  an«l  conditions  of  the  stock  notes  for  the  resi 
due,  and  that  the  stock  hooks  of  the  said  company,  aftci 
the  organization  of  said  board,  shall   continue  open  at  tin, 
office  of  said  coiiij)any,  (or  s\jbscriptions,  until  the  full  sum 
of  one   hundre«l  thousand  dollar.5  shall  have  been  subscri 
bed.      Upon    the    9ubscrij)lion   of  any  stock,  after  the  or- 
ganization of  suid  board,  the  sum  of  ten  per  cent,  shall  b<t 
paid  into  the  board,  by  the  person  subscribing  such  stock, 

'^.'^fcrnV^lT  *'''c''  sliall  constitiite  the  first  installment  on  the  stock  so 
»ubscnb(d;  and  the  board  of  dn'ctors  .shall  r«(|uire  tho 
rt*<idue  f»f  the  stock  so  subscribed  to  be  gecuied  by  good 
and  1«  g-il  stock  rtoti  g,and  issue  [  certificates  for  such  slock, 
in  the  ^ame  manner  as  is  provided  for  the  execution  of 
>lock  notes,  and]  granting  certificates  for  sloe  k  subscribed 
bffore  the  orgcsni/.ation  (jf  said  board:  Proridtd^  that  if  at 
any  time  the  directors  sliall  consider  any  of  the  stock  notes 
in^ecure  they  shall  ha'.e  power  to  recjiiirc  addition^il  hc- 
cnrily  en  the  same,  after  due  notice,  timler  such  jienaltiei 
and  lorfiiturcA  as  they  may  provi<le  in  their  by-laws. 
^uTll'ttt^       ^   '^'     '^'*'*  corporati'in  nhall  have    |)ower  to  issue  poli- 

p^M*  cic*  of  insurance  against  loss  or  damage  by  fiie,  on  houses, 


590  1857. 

stores  and  all  other  buildings  ami  structures,  on  personal 
property  of  all  dcsciiptions,  and  to  make  maririe  in>*uraiice 
upon  steamboats,  ancl  all  Dtlier  vessels  and  water  craft,  on 
their  tackle,  fieij^lit,  and  cargoes,  and  all  kinds  of  persona! 
property  in  course  of  transportation,  and  to  do  and  perform 
all  necessary  acts  and  things  connected  with  these  objects  or 
any  of  them.  All  policies  of  insurance  shall  be  subscribed 
by   the  prosid«^nt  and  countersigned   by  the  secretary. 

§   8.      The  board  of  directors  shall  make  sue  hdividends.  Dividend, 
annually  or  semiannually,  as  in  their  judgment  tiie  alTairs 
of  the  company  will  permit;  all  such  dividends  shall  be  in- 
dorsed upon  the  unpaid  stock  notes  untd  t!iey  are  paid  in 
full. 

§   '.'.     It  shall   be  lawful  for  the  said    corporation  to  in-  invc^tmcDt     p, 
vest  its  funds  in  United  States  stocks,  stocks  of  this  state, 
mortgages  on   unencumbered  real  estate,   in   Chicago,  or 
elsewhere,   worth    fifty  per  cent,   more  than  the  amount       , 
loaned  thereon,  and  on   such   other  safe  securities  as   the 
board  of  directors  may  determine. 

5  10.  The  fi^'cal  year  of  this  company  shall  commence  Rpp^ng  of  r 
on  the  first  day  of  January  and  terminate  on  the  olst  uthca. 
day  of  December.  The  officers  of  the  said  comjiany  shall, 
during  the  month  of  January,  in  each  year,  cause  a  lull  and 
accurate  statement  of  the  alTairs  of  said  company  to  be 
made  in  some  one  of  the  daily  newspapers  published  in 
Chicago. 

§  11.  The  principal  office  of  said  company  shall  be  lo- 
cated in  Chicago,  in  this  state,  but  it  may  have  agents  and 
transact  business  within  and  out  of  the  state. 

§  12.  It  shall  be  lawful  for  the  said  company  to  pur- 
chase and  hold  such  real  estate  as  may  be  convenient  for 
t!ie  transaction  of  its  business,  and  also  to  have  i-.nd  hold 
any  real  estate,  as  securitj,  by  mortgage  or  otherwise,  to 
secure  the  payment  of  debts  due  in  good  faiili  to  said  com- 
pany, either  for  shares  of  capital  stock  or  otherwise;  also, 
to  purchase  real  estate  at  any  sale  in  and  by  virtue  of  any 
judgment  at  law,  decree  in  equity,  or  deed  of  trust  in  fa-  ^ 
vor  of  said  company. 

§   1-3.     The  stockholders  of  said   compaiiy  sliall  meet,  Annual  meeting* 
annaally,  on  the  second   Monday  of  January  in  each  year,    <'"''*^'"'<""»e" 
and  elect  directors  for  the    current  year,   at  the  office  of 
said  com[  riny,  in  the  city  of  Chicago. 

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

Approved  Feb.  lo,  1867. 


1857.  COO 

TtJ  IXMA"..       AN  ACT  to  i:icorpt>rate  tho  town  of  Elizabctlitowi),  in    Iliinlin  county. 

Skction  1.  /if  if  e>uic/t(/  hy  the  pcuph  of  Ihe  s/ti/t  vf 
lUinttis^  represetilni  in  the  (ienerat  *iyset/i'ili/.  That  the 
inlMhitants  and  rfsideuts  in  the  town  of  Elizabetlilown, 
i.i  Il.irtiin  county,  are  hereby  made  a  body  roiporate  and 
pohtii',  in  Kiw  and  in  fac  ,  by  the  name  and  stjh-  of  "The 
8oj«oi«»-y«i-  Piesitlt-nt  and  Board  of  Trustees  of  tho  Town  of  Eliza- 
btthtown;-'  and  by  that  name  shall  have  j)er|>euial  :  ac- 
cession, and  a  common  seal,  which  they  may  alter  at 
pleasure,  and  in  whom  the  government  of  the  corporation 
shall  be  vested,  and  by  wlmm  its  aff.iiis  shall  he  n»anat;cd. 

5  '2.  The  bonnilary  of  said  corporation  shall  irulude, 
oirf»tMUV9,  as  follows:  Comnu-neinti;  at  the  month  of  Big  creekj 
from  thence  due  nortii  one  mih*;  from  thence  due  cast 
one  milf-;  from  thence  south  to  the  Oliio  river;  thence 
down  the  Ohio  river  to  the  place  of  beginning;  and  the 
jurisdiction  of  said  corporation  shall  extend  to  all  that 
part  of  the  Oiiio  river  I}itig  opposite  the  said  town  of 
Elizabetf'town. 

§  3.  That  there  shall,  on  ihe  first  Mondny  of  April 
u**.'*"'  '''**  next,  be  elected  five  trustees,  and  on  every  first  Monday 
of  April  thereafter,  who  shall  hold  their  office  one  year, 
and  until  their  successors  are  duly  elected  and  qualified; 
and  public  notic»?  of  the  time  and  place  of  holding  said 
election  shall  be  given  by  the  president  and  truste«  s,  by 
an  advertisement,  by  p()sting  it  up  in  at  least  four  of  the 
most  public  places  in  said  town,  for  the  space  of  ten 
(.  .  -(  «lay!».      No  person  shall  he  a  trustee  of  said  town  who  has 

not  arrived  at  the  age  of  twenty-one  years,  »nd  wl  o  has 
n»l  re?»i«led  in  said  town  three  months  next  j)receding  his 
election,  and  who  i>J  not  at  the  time  tlo-reof,  a  boiui  J'ulc 
freeholder,  and,  mori-over,  who  has  not  paid  a  state  or 
county  tax;  and  white  fiee  male  inluibilHiits  over  twtnty- 
one  }ears  of  age,  who  have  resided  in  said  town  one 
month  next  preceding  an  election,  shall  be  entitled  to 
*  vote   for    triHteev;   and   said    trustees    shall,    at    their   first 

meetirig,  j)roieed  Ut  elect  one  of  their  body  president, 
and  shall  have  power  to  fill  all  va'^ancies  in  said  board 
which  may  be  occ^isioned  by  death  or  resignatittn:  J*r(>- 
vid'i/^  the  vacancy,  ohall  not  exceed  thre»;  month''.  All 
vacancies  which  nhali  occur  for  a  longer  time,  the  board 
»hall  give  ten  (lays'  notice,  by  postiir;  up  at  least  three 
advertiiemenis  in  said  towti,  for  such  vacancy  to  be 
filled,  ai  provided  for  in  regular  election"«,  and  to  ap|Kiint 
a  cli-rk,  and  a<«"«e.«(s<»rs,  a  treasurer,  a  street  sup»rvisor, 
and  •  town  confitablc --to  give  bond  and  security  in  such 
amount  a«  the  trn^tee<i  may  require.  And  the  said  town 
constable  Mhall  lake  an  oalli  of  office,  before  some  justice 
of  the   peace,  that  he  will   faithfuily  discharge   the  dutius 


COl  1857. 

of  said  ofHcp;  and  it  shall  ho  his  duty  to  collect  all  fines 
and  servo  all  processes,  at  tlie  suit  of  llie  i;orj)i)ration; 
end  do  such  other  matti^rs  and  thin^s,  pertaininj;  to  the 
office,  as  may  he  rH(jnired  of  him  hy  the  ordinances  and 
by-ldws  of  said  cor|tijralion. 

6   4.      Said  corpoiation  is  hereby  jnade  ca,  able,  in  law,  CorroratMir*w- 

...  1     I       1   1    ...  I  I  1    . 1       ■  er  to  liuM  prvu- 

to  take  and   hold  to  themselves  ainl  tlieir  successors,  any    ciiy. 
lands,  tenements,  hereditaments;  have  |iower  to  sue  and 
be   sued,   to  plead    and   ansWer   and  be    answered,  in  any 
couit   whatp\er. 

&    ')       The  trustees    afore?aId,  and  tin  ir  successors,  or  n"iM  »nd  uwt 

'       .       .  /»      1  I      II    I  r    II  I  .1         •*         rnuile    by   troe- 

a  majority  of  ti.em,  shall  h  tve  lull  j)ower  and  autiionty  teen, 
to  ordain  and  estahlish  such  rules  and  regulations,  for 
their  government  and  direction,  and  for  the  transaction 
of  the  business  and  concerns  of  tie  corporation,  as  they 
may  deem  expHdu  ut,  and  to  ordain  and  establish  and  put 
in  execution  jsuch  h)-!aws,  or^'inances  and  ref^ulatii/iis  as 
sjiall  seem  necessary  for  the  ^overiiment  of  said  co)j)ora- 
ti<in,'and  for  the  management,  control,  disjjositions  and 
application  of  its  corporate  property;  and,  generally,  to 
do  and  execute  all  and  singular  such  acts,  matters  and 
things,  which  to  tluin  may  seem  necessary  to  tI.em  to  do, 
and  not  contrary  to  the  laws  and  the  constitution  of  this 
state. 

5   6.     The  said  trustees  sliall  have  power  to  levy   and  t.tps  levied  and 

J  ,  I      I  •       •  Collected. 

collect  a  tax,  not  exceeding  one-hnll  ol  one  per  cent., 
on  all  lots  and  improvements  and  personal  property  l>ing 
and  being  within  the  corj)()rate  limits  of  said  town,  accord- 
ing to  valuation;  to  lax  public  shows,  and  house-,  of  pub- 
lic entertainment,  ta\erns,  stores  and  groceries,  for  the 
})urpose  of  making  and  improving  the  streets  and  keej)ing 
them  in  repair,  and  for  the  purpose  of  erecting  such 
buildings  and  other  works  of  public  utility  as  the  interest 
and  convenience  of  the  inhabitants  of  said  town  may 
require,  and  the  circumstances  render  proj)er  and  expe- 
dient; and  said  trustees  miy  adopt  such  mode  and  means 
for  the  as=es^'ment  and  collection  of  such  taxes,  and  the 
rents,  issues  and  profits  thereof,  which  may  be  necessary 
for  the  erection  of  any  public  school  houses  in  said  town, 
market  house  or  other  ,-ublic  building,  to  ]>romote  the 
interest  and  |)uhlic  good  of  the  citizens  of  said  town,  and 
the  same  to  sell,  grant  and  dispose  of,  if  necessary;  they 
s'lall,  also,  have  power  to  regulate,  guard,  pave  aid 
improve  the  streets,  lanes  and  alleys,  within  the  limits  of 
said  town  and  corporation,  and  to  extend  or  open  or 
widen  the  ,«ame,  making  the  persons  injured  tin  reby 
ade(|uate  compensation;  to  ascertain  which  the  hoard 
shall  cause  to  be  summoned  six  good  and  careful  men.  Jury  u  .issom 
freeholders,  and  inhabitants  of  said  town,  not  directly  ''•"°'*"- 
inteiestcd,  who,  being   fiist  duly  sworn  for  that  purpose, 


lvV»7.  C02 


fiidll  inquire  into  and  take  into  consiiltration  «s  well  the 
luMU'lil  a"5  the  injury  wliiih  ni;iy  oecur,  and  estimate  and 
a<sfss  the  (.'amaj^cs  whieh  wcmld  he  sn^tained  hy  the 
reason  of  the  opening,  extrndinj^  or  widenin}^  any  street. 
avenue,  lane  or  alley,  and  shall,  moreover,  estitnate  the 
amount  which  other  persons  will  he  hentfitted  tlu'reby, 
who  shall  eonfribute  towar<ls  the  person  iijured;  all  of 
which  shall  he  retnrned  to  t!ie  hoard  of  trust»'«'<,  and  their 
hands  and  staW,  and  they  who  shall  be  binefittid  and  so 
Rsses.sed  sh:<ll  pay  the  same,  in  such  manner  as  shall  be 
provided,  and  ihe  residue,  if  any,  shall  be  paid  out  of  tho 
town  treasury;  and  said  corporation  shall  j)re<:cribe  the 
mannvr  of  selling  projierty,  when  tlie  tax  levied  uj>on  is 
not  paid:  Protii/cU,  no  sale  of  town  lots  or  other  real 
estate  shall  be  made  until  public  notice  of  the  time  and 
place  shall  he  given,  by  advertising  at  four  of  the  most 
public  plact  s  in  said  town,  at  least  filteen  days  ])revioii3 
thereto  :  PriivUed^  that  in  conducting  such  sale  the 
provisions  of  the  act  concernirg  public  reveinie,  so  far 
as  the  same  may  be  applicable,  shall  be  complied 
with. 
».  ^  7.  That  the  trustees  of  said  town,  or  a  majority  of 
tlum,  shall  have  ]>ower  to  preserve  good  oider  and 
harmony  in  said  town,  to  punish  for  oj>en  indecency, 
breaches  of  the  peace,  gami)Iing,  gaming  hous  •>*,  horse 
racing,  shooting,  and  all  disorderly  houses  and  riotous 
meeting',  to  remove  obstructions  in  the  streets  and  public 
ways,  and  all  nuisances;  for  which  joirpose  they  may 
m  tke  such  by-laws  and  ordinances  as  to  them  they  make 
think  expedient,  and  not  inconsistent  with  any  public  law 
of  this  stdte,  anti  impose  fines  for  the  breaclus  tlu-reof; 
which  fines  shall  be  recoverable  before  any  jii^tici  of  the 
peace  residing  in  said  town.  .\11  suits  and  judicial  pro- 
tM*<«rv*r»ii«  ceeding*  undi-r  this  act  shall  be  brought  in  the  manner 
^Jr*****  ***  *"^  J'tyle  of  the  "Presitlent  and  Trustees  of  tlu'  t  )wn  of 
Klizabethtown."  Said  president  and  trustees  shall  have 
fill  power  and  nuthorily  to  declare  what  i»hall  be  a 
nuisance;  have  the  exclusive  power  of  granting  iTocery 
licerup!!,  and  to  fix  the  rate  tliereof;  to  provide  a  jienally 
i<iT  the  failur**  or  neglect  to  jirucure  such  licenses;  havo 
the  exclusive  [>ower  to  grant  liceni^e  to  shows,  peddlers, 
•  tore  boats,  and  to  fix  a  penalty  therefor. 
^MiM  af  tmiH-  ^  ^'  '^  shall  bc  t!ie  duty  of  any  justice  of  the  peace 
(•>««ikt9M(«  renjdin^  in  said  town,  and  hu  is  hereby  authori/.i  d  and 
«mj)f)Wered,  u;)on  the  violation  of  any  laws  or  ordinances 
of  "aid  cor|ioration,  to  i?Nue  his  warrant,  direct  >\  to  the 
town  conittfMe  or  any  authorized  cf)unty  oHcer,  to  appre- 
hend lh»?  otfetHlrr  or  offrnders,  and  bring  them  or  him 
forthwith  bef  »re  him,  and,  after  hearin*^  the  evidence,  if  it 
fhall  appear  tl:3'.  the  said  accusid  haH  been  gnihy  (la  viola- 


G03  1857. 

tion  of  any  siioli  laws  or  or(]inances  of  the  corporation, 
to  impose  siicli  fines  or  iinpri-oninent  as  sliall  [w.  pointed 
out  ill  sucli  laws  or  drclinarjces:  Pmvidi d,  such  fines 
shall  not  exceed  five  dollars,  and  iinprisoiiinent  twenty- 
four  hours:  Prui'icli'd^  liuwever^  that  writs  of  cvrliurari^ 
and  a[)j)eals  shall  he  granted  from  judgments  undt-r  this 
act,  as  in  other  civil  cases;  and  in  all  criminal  cases;  the 
defendant  shall  he  enti'Jed  to  an  appeal  t)  the  circuit 
court,  by  entering  into  h.)nd  or  recognizance,  as  the  case 
may  reijuire,  hefore  the  justice  of  the  peace,  within 
tweiity  days  after  the  rendiiion  of  the  judgment,  with 
guch  security  and  such  amount  us  the  ju-tice  shall  think 
right  and  proper;  and  all  fines  imposed  for  a  breach  of 
the  |)i'ace  or  violation  of  the  corporation  ordinanct  s,  and 
all  moneys  collected  for  grocery  licenses,  licenses  for 
peddling,  licenses  for  store  boats  iind  showmen  shall  be 
paid  into  the  treasury  of  said  corporation,  to  be  laid 
out  and  expended  as  provided  for  in  section  six  of  this 
act. 

§  0.  That  when  any  town  lots  or  real  estate  shall  be  prr.pprfj- so^u i.r 
sold  for  taxes,  by  virtue  of  this  act,  the  same  may  be  *^"** 
redeemed  at  any  time  within  two  years  from  the  date  of 
auch  sale,  by  tlie  owner  of  said  proj)erty,  or  his  or  her 
agent,  executor  or  administrator,  ])aying  to  the  treasu- 
rer of  said  town,  for  the  u<;e  ol  the  pnnhasets,  at  the 
rate  of  ten  per  cent,  per  annum,  together  with  the  cost 
accruing  thereon. 

§  10.  That  upon  the  api)lication  of  the  owners  of  a  siipw.ikg  «nj 
majority  of  the  front  lots  on  any  street,  it  shall  be  lawful  '•'^'^'"'="'»- 
for  the  board  of  trustees  t(»  levy  and  collect  a  special  tax 
on  the  owners  of  llie  lots  of  said  streets  or  parts  of  a 
street,  according  to  their  respective  fronts,  not  to  excfed 
one  per  cent.,  for  the  purpose  of  grading  and  paving  the 
sidewalk  on  said  streets. 

§   11.     That    all    ordinances  of  said    trustees  shall    be  onniinsnooc, 
fairly  written  out,  signed  by  the   clerk;  and  published  by    tto. '*  ' 

posting  the  same  up  in  three  of  the  most  public  j)laces  in 
said  town;  and  no  ordinances  shall  be  in  force  until  pub- 
-lished  as  aforesaid  at  least  ten  days. 

§  12.  The  justices  of  vhe  peace  and  constables  wh'> 
are  required  to  render  service  under  this  act,  shall  be 
entitled  to  the  ffame  fees  and  collect  them  in  the  same 
manner  as  now  is  or  may  hereafter  be  provided  by 
law. 

^    l:^..     That  the  president,  or  any  two  of  the  trustees,  vn»iipgs  ©t  the 
shall    have    power    to    call    a    meeting    of  the    b<iard,  by    **"'•'**• 
giving   one    day's    notice    thereof,    and    a    majority  shall 
constitute   a  quorum  to  do  business,  but  a  majority  shall 
have  power  to  adj)urn    from  time   to  time,  to  compel    the 
attendance  of  ab:>eut  members,  and  in  the  evtnt  that  the 


1S5T.  604 

notice  .>i  an  rlf  ction  is  not  given  as  r»>(]uir*>(l  by  tliis  act, 
or  from  any  other  cause,  tlittt  an  Hiinu.tl  eU>('ti>)n  sliall  not 
be  liolden  at  the  proper  linif*,  it  shall  h»'  lawful  for  the 
late  clerk  of  the  board,  or  any  two  cjnalifietl  voters  in 
said  town,  at  any  tinte  thereafter  to  i^ix  e  luitiee  us  afore:«aiil 
of  the  time  arui  place  of  hoMini;  a  special  eKition;  and 
the  trustees  elected  at  sr.ch  special  election,  shall  have 
all  the  powers  conferr*»d  by  this  act. 
r  ,         5    1  I.      The    qualified    voters    witliin    the    corporation 

J  ^  ,/  sliall    vote,    on    the    first    Monday    in   June    next,    for   or 

ai;a»n"t  becoininj;  incorporated  under  this  act.  If  the 
maj.>rity  of  all  the  votes  cast  at  said  election  are  in  favor 
of  tx'iui^  incorporated,  then  this  act  stall  be  in  lull  force, 
otherwise  to  be  null  anil  void. 

This  act   to   take   etlVcl  and     e  in    (tee  fronn  and  after 
its   j)as«afje. 

Approved  Feb.  lo,  1867. 


r«*  It,  IU7.  AN  ACT  to  establisli  ll.e  Cairo  City  Terry  Com;'.   \. 

Section    1.      lif  it  mtrc/rd   hi/  the  people  of  the  state  ./, 

Illiniiis,  reprtsctilnl  in  the  (irncral  ^sscynhfij.  That  Samuel 

y*»««  o<  corpn    Staat^  Taylor,  Ninian  W.  Kl  wards,  J.>hri  A.  IMiClernand, 

John  \.  Lo^an,  Rryan  Sliaiuiessy  and  Calvin  Disiion,  and 

iheir  associates,  h«'irs  and  assigns,  be  and  they  are  hereby 

constituted  a  body  politico  and  corporate,  bj  the  name  and 

8t,t««i<«rp»f>-  ilyle  of  ''The  Cairo   City  Ferry  Company;"  and    by  ihat 

****■  name   shall  in    law   be   capable  of  suin{»   and    being  sued, 

pleading  and  bt  ir>^  implea<li-d,  answer  and  heiiif^  answered 

unto  in  all  c  )urts    and    plac-s    whatsoe\er;   may  have  and 

u^c  a  c.jmmon  seal,  and  may  alter  and  chaiit^e  the  same  at 

Idcasure,  and  in  their  corporate  name  shall  be  caj)able,  in 
aw,  to  purcliJise,  ludd  and  convey  any  estate,  real,  per- 
sonal or  mixed,  that  may  be  necessary  for  the  use  of  said 
ferry. 
u  .  f  fe-r7  .-'  -•  The  said  corporation  are  hereby  authorized  and 
emjMiWered  to^stalilin^  ai^d  maintain  ft-rries  over  the  Ohio 
river  to  Keutuc'ty,  and  over  thi  Mi-isi<sippi  river  to 
Missouri,  wiibin  three  miles  of  the  junction  of  the  said 
Ohio  and  Mis^isiijipi  riveri,  in  Alexander  county,  in  this 
state. 
C*r>t^*>^k.  ^  •'•     The  capital  stock  of  said  company  shall  he  twenty- 

fiv.'  thoiMand  «lollars,  which  shall  hedivifli-d  into  shares  of 
fifty  d')!lar<i  each,  which  shall  hi*  tak'ti  and  Ik  Id  to  be  pi-r- 
Son«l  properly.  The  cajutul  stock  of  said  corporation  may 
be  increased  lo  any  am  Mint  not  cxceeiling   fifty  tluMi.'iand 


605  1857. 

dollars,  wliPii  the   stockliolders  shall  dorm  stich   increase 
necessary  for  the  «)l»jVi;t  hcriiu  conttiujilalfd. 

§  4.  Samuel  Staats  Ta)  lor,  Niiiiaii  W.  Edwards,  John  ^,7^;,';i;"VJb 
A.  McClt-rnand,  Jolin  \.  Lo^an,  Bryan  Shaimess)  and  M^npuuu  to 
Calvin  DiNhon,  are  her»by  a|)|iointed  coniuiissiont'is,  the 
duty  of  whom,  or  a  majority  of  whom,  it  shall  he,  to  ojien 
books  for  siibscriinion  o(  said  stock,  on  tlie  first  Monday 
of  April  next,  or  as  soon  thereafter  as  is  convenit  nt,  at 
Cairo,  in  Alfxander  county,  by  ^'ving  at  least  fouruen 
da>s'  piil)lio  tiotice  thereof ;  and  lik^  notice  shall  beyiven, 
wiien  it  is  necessary  to  increase  the  cajiiial  stock,  il  the 
whole  of  the  capital  stock  herein  name(i  shall  not  be  sub- 
PcriDed  for  at  the  time  and  |)lace  apjiointed  for  such  sub- 
scription, said  commissioners,  or  a  mnjority  of  them,  shall 
take  such  measures  for  completing  such  subscriptions  as 
they  may  deem  expedient  and  proper  ;  and  every  sub- 
scrib<r  slull,  at  the  time  of  subscribiiij;,  pay  to  said  com- 
missioners the  sum  of  two  dollars  on  each  share  subsci  ii)«'d. 
If  a  largt  r  amount  is  subscribed  than  the  whole  ot  the 
capital  stock  herein  authorized,  the  commissioners,  or  a 
majority  of  them,  sliall  aj)portion  the  stock  among  the 
subscribers,  /iro  rata.,  according  to  the  amount  of  their 
gubscri|)tion  :  Pruvidn/y  no  subscriber  shall  receive  i\  less 
amount  than  five  slwires,  it  he  has  subscribed  for  so  much: 
tinj,  pruvUltd^  in  such  apportionment  a  prf-ferenoe  .'•iiall 
be  jiiven  to  citizens  of  Illinois,  or  freeholders  of  the  city 
of  Cairo,  so  tjiat  they  shall  have  the  opportunity  to  sub- 
scribe for  the  whole  stock,  if  they  desire  it. 

6  o.     As  soon  as  the  capital  stock   shall  be  subscribed  Eipcuon  of  «»». 

1  •       •  111-  1  r    •       1 •  I  rectori. 

t'le  commissuners  sliali  give  notice  tliereoi,  in  like  man- 
ner as  above,  and  appoint  the  time  and  place,  designating 
the  same  in  said  notice,  for  such  stockholders  to  meet  for 
the  purpose  ot  choosing  a  board  of  directors,  to  consist  of 
seven  members,  a  majority  of  whom  shall  be  citizens  of 
or  freeholders  in  the  city  of  Cain.  Every  stockhilder 
shall  be  entitled,  at  such  and  other  all  elecii'Mis,  to  one  vote 
for  each  share,  to  t!ie  number  ot  ten  shrires,  and  one  vote 
for  each  and  every  three  additional  shares  ;  which  votes 
may  be  given  in  person  or  by  proxy  ;  and  the  persons 
having  a  plurality  of  votes  shall  be  declared  duly  elected 
directors.  At  tlie  election*,  to  be  held  as  aforesaid,  the 
."aid  commissioner?,  or  such  of  them  as  may  attend,  shall 
be  inspectors;  and  their  certificates  of  the  names  of  the 
persons  elected  shall  be  conclusive  evidence  of  such 
election.  And  the  said  commissioneis  shall  deliver  over 
the  subscription  books  to  the  said  directors,  with  the 
money  received  thereon.  The  said  directors,  so  chosen, 
and  who  may  hereafter  be  chosen,  sinll,  immediately  after 
their  election,  proceed  to  choose  one  \^i  their  hodj  presi-  Pr*.iieni  of  ihe 
dent,  who  shall  preside  at  all  regular  meetings  of  the  board.    ^^^- 


1357.  C06 


^u*M 


A  m»j  >rltv  shall  constitute  a  qnonun,  ami  in  case  of  tl)e  ab- 
sence of  the  presiileiit  tlie  boHiil  m.«y  aj)pt)iiit  a  president, 
pro  tcmport'y  to  preside.  The  .<aiil  l)oar(l  shall  have 
power  to  prescribe  the  time  and  place  and  niannor  of 
lioliiiiig  all  future  elections  for  directors,  which  shall  be 
once  a  year,  and  to  appoint  judires  or  inspectors  for  the 
same.  The  said  board  sliall  power  to  fill  all  vacancies 
which  may  occur  in  their  body;  which  aj)pointment  shall 
rcmai;;  until  the  next  annual  election. 
ct  tie"  §  6.  The  said  board  of  directors,  when  elected  and 
organized,  shall  have  power  to  appoint  a  secretary  and 
treasurer,  and  sucli  other  oHicers  us  they  may  deem  ex- 
pedient, and  require  of  all  or  any  one  such  bonds  as  they 
may  ileem  expedient;  and  shall  have  power  to  form  by- 
laws anil  regulations  for  the  government  of  the  corpora- 
tion, not  inconsisttiit  willi  the  constitution  and  laws  of  the 
United  Stales  and  ol  this  state. 

»«(«« of  ffrruce  §  "*  ^V.'ieu  the  said  ferry  is  established  it  shall  and 
•»uMab(d.  mgy  i,e  lawful  for  the  said  company,  thtir  assigns  and  suc- 
cessors, to  demand  and  receive  from  all  persons  crossing 
said  krry  such  rates  of  ferriage  as  may  be  established  and 
allowed  by  the  corporate  autiiorities  of  the  city  of  Cairo: 
Pr.ji'iilcilf  such  rates  are  not  below  the  rates  allowed  to 
similar  ferries  on  the  Ohio  or  Mississi,)j)i  rivers  in  Illinois. 

li««tii>«o(N;*M  §  8.  All  officers  and  directors,  chosen  at  the  annual 
elections,  or  at  any  other  »lection,  shall  hold  their  office 
Until  the  next  annual  ek'Ction,  or  until  olher>  are  elected 
in  their  stead  ;  and  the  presi(i«'nt  or  any  two  directors 
may  call  a  meeting  of  the  board  whenever  they  m:iy  deem 
it  nece<isary,  by  publishing  a  notice  of  the  time  and  place 
for  holding  the  same  ten  days  previous  to  the  time  ui  said 
meet  ng. 

rxywii  M  §  •'•  The  board  of  directors  shall  have  power  to  re- 
quire the  payment,  frotn  tinie  to  time,  of  such  sums  on 
each  share  as  they  may  d«'enj  necessary,  and  in  their  by- 
laws declare  wliat  shall  constitute  a  forfeiture  of  stock  for 
failure  to  pay  the  amounts  so  required. 

^  10.  The  ferry  hereby  granted  shall  be,  in  all  respects, 
governed  by  the  geiu-ral  laws  regulating  IVrries,  toll  hi idges 
and  turnjiike  rn,i>.H,  so  far  as  they  ar«;  applicable,  except 
as  i<  herein  otherwise  provided. 

§  II.  This  art  shall  be  in  force  from  and  after  its  pas- 
0age,  and  Mie  right  and  franchises  granted  by  it  shall  be 
fxclu'ivc,  within  the  limits  named,  for  len  years  after  its 
pa.fiiiige.  After  twenty  jears,  l!ie  hgislature  may  alter, 
amfiid  or  repeal  it,  as  the  public  good  may  require. 
Arfaovrn  Feb.  13,  1857. 


•4WI. 


GOT  1857. 

AM  ACT  to  incorporate  the   Like  Michigan  and   Cliicago  Canal  Com-  Fpi..  I3,  1667. 

p.ii.y. 

Section  1.  Be  it  eiuiclal  by  the  peojile  of  the  state  of 
Illinois,  rrpreaeiitcd  in  tli;  (ieueral  %'hse-  bhj.  That 
Nicholas  P.  If^lliart,  Cliarlts  V.  Dyer,  Walter  S.  Giu-  corporator 
i.ee,  Eri  S.  Prescott,  Georj^e  W.  Gdge,  Edwin  C.  LurneJ, 
Charles  W.  Clayton,  Andrew  Ilarvie  and  Willianj  .F. 
Johnson,  ai.d  all  such  persons  as  shall  I  ereafter  become 
stockliolders  in  the  compimy  hereby  incorporated,  shall 
he  a  body  politic  and  coriH)rate,  by  the  name  ai.d  style  of  sijie. 
"The  Lake  Mifliii^an  and  Chicago  Canal  Companj;" 
and  under  that  name  and  stjle,  shall  be  capable  ot  suing 
and  being  sued,  implead,  answer  or  defend,  in  law  or 
equity,  in  all  courts  and  ])laces  whatsoevei;  make  and 
use  a  common  seal,  and  to  alter  or  renew  the  same  at  pleas- 
ure; and  by  their  said  corporate  name  and  st}le,  shall  be 
capable,  in  law,  of  contracting  and  btir  g  co.itracted 
with;  and  shall  be  and  are  hereby  invested  with  all  the 
powers,  privileges,  immunities  and  franchises  of  acquir- 
ing, by  i)urchase  or  otherwise,  and  of  holding  and  con- 
veyiiig  real  and  personal  estate,  which  may  be  needful  or 
convenient  for  carrying  into  effect  liilly  the  ])Urposes  and 
objects  of  this  act. 

^  li.  The  said  corporation  is  hereby  authorized  and  p.wcr  to  coa- 
erapowered  to  survey,  locate,  construct,  alter,  main-  J^'^^j"!^!  «»>u.  ca- 
tain  and  operate  a  canal,  suitable  for  ships,  steam- 
boats and  other  boats  and  vessel^',  with  roadwii}s  on  each 
side  thereof,  to  connect  the  South  Branch  of  the  Ciiicago 
river  with  Lake  Michigan,  in  siich  manner  as  not  to 
injure  the  navigation  of  the  liver,  and  such  suitable  and 
convenient  basins,  locks  and  slips,  as  may  be  necessary 
'0  facilitate  the  navigation  of  said  canal.  Said  canal  to  LocaUm  of  canal 
be  located  oi  the  most  eligible  route,  between  t!;e  south 
line  of  the  city  of  Chicago  and  the  south  line  of  sections 
seven  (7,)  eight  (8,)  nine  (!•,)  ten  (  10,)  and  eleven  (1 1,) 
in  township  thirty-eight  (-jS)  north,  range  fourteen  ( 14) 
east  of  third  principal  meridian  in  the  county  of  Cook,  or, 
with  the  consent  of  the  common  council  of  the  city  of  Chica- 
go, and  the  owners  of  pro|)eity  adjacent  thereto,  between 
the  south  line  of  said  city  and  the  south  line  of  South 
street  in  said  city;  also,  to  construct  such  piers  and 
breakwaters  in  Lake  Michigan,  at  and  near  the  mouth  of 
said  canal,  as  shall  be  necessary  to  protect  said  canal 
from  injury  and  to  insure  vessels  a  safe  entrance  into  and 
exit  thert  iVom. 

§  •*.     The  said  company  may  have  right  of  way    upon  Ripht    ct  w*y 
and   may  aj)pro})riate   to  its  sole  use  and   control,  lor   the    '^"'''*^- 
purposes  contemplated   herein,  land,  not  exceeding  three 
liundred   feet  in   width,   including  roadwa}?,  through   its 
entire  length;  and  are  hereby  authorised,  by  tluir  engi- 


1867.  608 


nr«'r<  mul  n^ents,  to  enter  iipoTi  nny  Inmls.  for  tlio  j.urpose 
of  m.iLini;  the  iu'c»ssar}  sur\t>s  aiul  fX8niiiiali()ii  i.|  the 
routo  of  .^aiil  ohuhI;  ami  to  tntt-r  iipoi)  ami  tjikr  ami  Iiold 
all  laud  l»iloii«;iiig  to  tin's  sfaU*  or  l.t-Id  by  iiuli\  idiials  or 
corj»orrttioii?,  on  tlie  r  >nte  of  said  CHual,  in'oessary  for 
the  iMinstriiotion  of  said  canal,  with  its  b;\sins,  l»)i'k3, 
flt|»*»,  protection?,  datns,  reservoirs,  piers    and  other  erer- 

ir-»'-»  |,.n»-  tioiit  and  appi'nd^j»»  s,  fust  making  just  and  r<'«»;onahl0 
••"*"  f^»»'»*-  compensation  to  the  owner  or  i  wncis  of  said  lands  Wtr 
any  d.^mai^r  that  may  arise  to  them  from  the  constiuction 
of  s.iid^  canal;  also,  to  enter  in  and  njion  the  wiitfis  of 
Lake  Mieliis^an,  (')r  the  pnrpose  of  constrncti:i|];  a  pier  or 
pitTS,  hr»'akwater,  or  Fea  wall,  and  such  other  protections 
or  <lrf«.nc«'s,  as  may  he  ricjiiired  to  be  bui't,  for  the  jmr- 
poses  hfr<  in  spfrifu-d:  Pr(H'/</t(f,  fioinrcr,  that  such 
erections  shall  not  be  injurious  to  the  fiee  navigation  of 
said  lake;  also,  by  and  with  the  c(»jisent  first  had  and 
obtained  of  the  railtoad  com})8ny  owning  the  same,  to 
cross  any  railroad  track  afid  erect  such  draw  bridges  as 
may  be  necessaty  to  adn»it  of  the  passage  of  vessels 
al'»r)g  snid  canal,  and  to  make  such  agreements  and  con- 
tracts with  such  railroad  company,  with  respect  to  the 
regulation,  construction  and  management  of  such  bridges 
an«l  crossings,  as  may  be  necessary  and  pioper;  and  in 
ca?e  the  said  canal  company  shall  not  be  able  to  obtain 
the  title  to  the  lands  through  wiiieh  K:iid  canal  shall  be 
laid,  by  ]>urcliasf  or  voluntary  cession,  the  same  may  he 
taken  and  paid  for,  if  any  damages  are  awar«led,  in  the 
muniier  prnvided  in  "An  act  to  amend  tlu*  law  condemn- 
ing rig'it  oi  way  for  purp(»ses  of  internal  improvement," 
aj>pro'«  d  June  'J'2d,  IH.VJ. 

k»m-ii»i  tMH-       «5    1.     Th"  capital  stock  of  said   company  shall  be   five 
*^  •  **  lillndrcd  ll.oiisai.d    «lollars,  wliicli    may  hr  increased,  from 

time  to  time,  to  any  '•um  not  exeeedieg  the  entire  iimount 
rxpei  d«'d  on  said  can.d,  including  cost  of  the  same  and 
all  the  Bppurlenanri'<i,  and  value  of  Ian  is,  and  other 
property  thereunto  belonging,  divtdul  into  phares  of  one 
hundred  dnlUrx  i  och;  wliich  slinll  be  deem«'d  personal 
prop<-rty,  and  may  be  isiied  and  trati'^ferred  in  such 
manner  •«  m;ty  be  f»rdered  nntl  prf)vid«  d  !)y  the  board  of 
dire«-N)r<,  who  «hall  have  juiwer  to  retjiiire.  the  payment 
of  mimi  unbvcribfd  by  stockholders  in  such  manner  and 
on  fiich  term*  nn  they  think  proper;  and  on  refusal,  neg- 
lect or  d*  fault,  on  the  part  of  the  stockholders,  or  any  of 
them,   to   make   pcymen^  on   rerjuisifion   of  the   hoard   of 

§un».  direrlnr*,    tlip    nhar»«    of    such    di  liiKiuents    may,    alter 

tliirly  da) ^' notice  thereof,  published  in  a  daily  newspa- 
per of  the  cily  of  (,'hicago,  be  sold  ot  public  auction, 
under  wneh  ruled  a<i  said  board  of  direolors  may  ndrtpt  ; 
the  lurpliii  money,  if  any,  remaining,  after  deducting  the 


C09  1857. 

paynifntg  due,  with  the  interest  and  the  necessery  costs 
of  sal»',  to  be  paid  to  siirh  drlirKjiunt  s(o<  klioldt  r  or 
stockholders,  or  his  or  tlu-ir  l«'t;al  K-prestntalivts.  Tlie 
persons  natnt'd  in  llie  fust  st'clion  of  this  act,  or  a  inajoii' 
ty  of  them,  are  her»  hy  authorized  to  dispose  of  the  Mock 
in  said  canal  cotnppny,  and  to  cause  books  to  be  opened 
for  subscriptions  to  said  capital  stock,  in  such  manner 
and  at  such  times  and  places  as  they  shall  detin  expedi- 
ent. 

§  r>.  All  the  corporate  powers  of  said  company  sliall  no.rd  vt  <iti«e- 
be  vested  in  a  board  of  directors  and  such  officers  and  '""* 
agents  as  such  board  shall  appoi(»t.  The  board  of  direc- 
tors shall  consist  o(  not  less  tlian  nine  stockholders;  to  be 
chos»-n,  annually,  by  the  stockholders;  each  share  having 
one  vote,  which  may  be  given  in  person  or  by  prox\; 
such  directors  to  continue  in  olfice  for  one  year  and  until 
their  successors  arc  elected  and  qualified.  Vacancies  in 
the  board  may  be  filled,  at  any  time,  by  two-thirds  of  the 
directors  remaining;  sue.h  appointees  to  continue  in  office 
until  th'^  next  regular  election  of  directors.  The  officers 
of  said  hoard,  and  otiier  officers,  agents  and  servants  of 
said  canal  comj>any,  whether  members  of  the  board  of 
directors  or  otherwise,  may  be  appointed,  employed,  paid 
and  dismissed,  under  such  rules  and  regulations,  and  may 
be  r(«]uired  to  enter  into  such  bou'ls  as  the  board  of 
directois  may,  frotn  time  to  time,  ado})t  and  direct. 

§  G.  The  said  company  shall  have  power  to  make  all  DiriK^tom  to 
such  bylaws,  rules  and  regulations  as  may  be  deemed  ""■•'p'^tI"''*' 
expedient  and  necessary  tu  fulfill  the  purposes  and  carry 
into  effect  the  provisions  of  this  act,  and  for  the  well 
ordering,  regulating  and  securing  the  afTairs,  business 
and  interests  of  the  company:  Proridtc/y  that  tfie  same 
be  n 't  repugnant  to  the  constitution  and  laws  of  the 
United  Stales  or  of  this  state  or  to  this  act. 

^  7.  The  board  of  directors  shall  have  ])Owcr  to  R*'"*' toii. 
establish  such  rates  of  toll  for  the  conveyance  of  property 
u])on  said  cana!  as  they  shall,  from  time  to  time,  direct 
and  determine,  not  exceeding  such  sum,  to  be  ascertained 
by  actual  \ early  estimate,  as  may  be  recjuired  to  keep 
said  canal  in  good  order  and  repair,  and  to  le\y  and 
collect  the  same,  for  the  use  of  tlie  said  company,  and, 
from  time  to  time,  to  make  and  establish  such  reasonable 
by-laws  and  regulations,  in  relation  to  the  collection  of 
tolls,  the  conduct  of  boats  and  ve<»selr:,  and  the  general 
regulation  of  the  navigation  of  said  canal,  as  may  be 
found  necessary,  and  to  enforce  the  same;  and,  also,  to 
enter  into  contracts  for  the  docking,  wharfing  nnd  leasing 
the  water  front  of  said  canal,  or  any  part  thereof,  or  for 
the  leasing  of  any  of  the  lands  belonging  to  said  canal 
comj>any;  but  no  conveyance  of  the  real  estate  of  said 
—61 


1S57.  ^'10 

canal  compuny  shall  be  valid  unless  signed  by  (lie  presi- 
dent, trt-HSurer  rnd  secretary  tlu  reof,  under  tin  seal  of 
tlie  conipanv,  and  tlie  same  duly  acknowledged,  lulore  A 
pioper  iitfi.er,  rtocordinvj  to  law. 
r>  f*ci.*^  «. >  r«  ^  ^'  ^''**  S'»>^  oaiiul  company  are  nu(liori/<d  and 
rv««fc,«>«3.  rmpowereil  to  borrow,  from  time  to  time,  sucli  sum  or 
sums  ol  money,  not  exceeding  the  capita.'  stix  k  of  the 
company,  as,  in  their  discretion,  the  directors  thereof 
mav  deem  necessary  to  aid  in  the  construclion  of  said 
w»»ik,  and  to  pay  interest  there  on,  not  exceeding  (en  per 
cent,  per  annum,  pajabie  senu  annually  or  otiiei  .\  ise;  ar.d 
to  pletlge  and  mortgage  the  said  canal  and  its  3i|>pt  iidages, 
or  any  part  thereof,  or  the  leal  estate,  effects,  right9^ 
crtdits  or  franchises  of  saiil  company,  as  secuiity  for 
any  loan  ot  money  and  interest  thereon,  and  to  dispose 
of  the  bonds  issued  tor  such  loan,  at  such  raits  and  on 
puoli  t«rnis  as  the  board  of  directors  may  <i»  ;<  imine. 
And  the  directors  of  said  company,  may  conf«  r  on  any 
bondholder  of  any  bond  issued  for  money  bon-wed,  as 
aforesaid,  the  right  to  convert  the  ])rincipal  dtie  nr  owing 
thereon  into  stock  of  said  canal  com[)any,  at  iiny  time, 
n«'t  excetduig  ten  }ears  from  the  date  of  the  bomi,  under 
such  r»'gulaUiM,s  as  the  hoaid  of  directors  m  ly  adopt! 
PruiiJeJ^  however,  that  nothing  herein  conlainetl  shall  be 
so  construed  as  to  invest  said  company  with  hanking 
power-*,  or  to  authorize  tlu  m  to  make,  emit  or  utter  any 
b»hk  note  or  otlnr  d»'vii!e,  to  be  used  as  a  cii'ulating 
nitdium  or  as  in  lieu  of  m^ney. 

§  '.*.  Slid  corporation  shall  be  bound  to  re]^air  all 
put>li«!  Iiigbways,  bridges  and  water  courses  and  tailroad 
tr.i(  k'l,  wliicii  may  be  injured  in  constructing  sai  1  canal 
or  Its  appendages,  and  >>hall  restore  them,  as  tar  as  prac- 
ticable, ti>  a<«  good  a  condition  as  they  were  before  they 
Were  injuretl;  also,  to  erect  sucii  bri.lgeg  and  crossings 
over  said  canal,  at  proper  and  convenient  points,  as  may 
be  nece.uary  to  give  convenient  and  adequdl*'  passage 
over  the  isme  to  teams  and  foot  passet)gers. 

§   10.     Si  S'lon  as  tlo*  sum  of  three  liundred  liiousand 
'*'*•  dollam  of  the  capital    stock   of  said    company    sh..ll   have 

bern  subscribed,  and  five  pt-r  cent,  thereof  paid  in,  the 
said  per<ions  named  in  the  first  sectinn  of  this  act,  or 
a  majority  of  them,  shtdl  gixe  twenty  tlays'  notice,  by 
publi<-ation  in  a  newspaper  printed  in  the  city  of  (  hicago, 
of  an  election,  by  said  stockholdorrt,  of  a  board  of  direc- 
torf,  as  hereinh»fnrr  provid<-d.  At  the  time  himI  place 
■ppointi-<l  for  that  purpose  in  said  notice  the  sai  i  person.1 
named  in  the  first  section,  or  a  m.ijority  of  thrin,  shall 
attend  and  act  as  inspectors  of  said  election;  and  the 
stockholders  present  Kliall  proceed  to  elect  nine  (0^ 
directors,  by  ballot;   atid  the  said  inspectors  preiii  rit  shall 


■)•>..•*  "f  t'tr.k- 


Gil  1857. 

certify  the  rpsiilt  of  said  election,  rnifler  tliPir  hand«, 
wliich  certificate  sliall  ha  re'^orded  in  the  recor«i  h'xik  of 
said  (;a(i:il  company,  anl  sh'^tll  be  sutrioient  evidence  uf 
the  electi  in  of  the  dire(;tors  therein  nain«'d.  Tiie  direc- 
tors thus  fleeted  shall  hold  iht-ir  ofiiees  for  one  j^ar  and 
until  iheir  successors  are  el.'Cted  and  (}ualified. 

§  11.  It  shall  be  lawful  far  the  said  cotnpaiiy  to  unite  pnwor  to  anito 
with  any  other  canal  comj)any  which  may  iiave  been  or  pluiJ,.''*"^  "" 
may  hereafter  be  incorporated  by  this  state,  an<l  to  ^^arlt 
to  any  sui^h  company  the  rii^ht  to  construct  and  n<*i  any 
portion  of  said  canal  hereby  auihorized  to  be  constructed, 
upon  such  terms  as  may  be  mutually  agreed  otj;  and  in 
case  any  outside  harbor  in  or  adjacent  to  the  city  of 
Chicai^o  shall  be  erected,  south  of  the  north  line  limited 
fur  the  route  of  said  canal,  the  said  company  are  hereby 
authorized  to  connect  with  such  outside  harbor,  ly  a 
branch  canal,  or  otherwi>e,  on  such  terms  as  may  be 
mutually  agreed  on  between  said  canal  company  and  the 
corporation,  company  or  pe'^sons  having  the  control  of 
said  outside  harbor;  and,  also,  to  make  such  agreements 
and  contracts  with  any  company  or  companies,  corpora- 
tion or  corporations,  ii. dividual  or  individuals,  as  to  them 
may  seem  expedient,  witli  respect  to  drainage  into  said 
canal. 

§  12.  Any  person  who  shall  willfully  injure  or  obstruct  inmriM  to  pro* 
the  said  canal,  or  any  of  tlie  locks,  bridges  or  other  p^n/.  **'  **"* 
appendages  thereto,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  forf»'it  to  the  tise  of  the  coinp;uiy  a 
sum  three  fjld  the  amount  of  the  damages  occasioned  by 
such  injury  or  obstruction;  the  same  to  be  recovered  in 
an  action  of  debt,  in  the  name  of  said  comj)any,  with 
costs  of  suit,  before  any  justice  of  llie  peace  or  any 
court  of  record  in   this  state. 

§   13.     The   said   comptiiy  shall   be  allowed   one  year.  Time   of    com, 
from  the   passage   of  this  act,   for   the  commencement  of  c.'n',pie"i1ii«  tbi 
said  canal;  and  in  case   the  same   shall  not   be  completed   '^•""*'* 
in  ten  years  thereafter  the  privileges  herein  granted  shall 
be  forftitf.d. 

§  14.  This  act  shall  be  deemed  a  public  act,  and  shall 
take  effect  from  and  after  its  passage. 

The  legislature  of  this  state  reserves  the  right  to  alter 
and  amend  the  same,  as  the  public  good  may  require,  and, 
after  sixty  (6  •)  years,  to  repeal  the  same. 

Approved  Feb.  lo,  1857. 


1S57.  612 

r»k.  1^  M»}.       ,\.\   ACT  io  chanjtf  \h*  vnmr  of  ihf  Afrlbo<<i«l  Fpiscopal  riuircb  of  Chi- 
cjj;o.  Conk  couiiti,  aiikl  for  olh«r  ]'inj  oscs. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Il/iintis^  represented  in  the  Gtveral  t^ssttnbfy.  That  the 
n»roe  of  tliat  r«'Hgioii5?  society  incorporated  on  the  twen- 
tieth il»y  of  Ni)\tn»her,  A.  D.  rjohtten  hnndu  d  and 
tliirty  five,  under  the  jirovisions  (if  an  act  entitUd  "An 
act  roncerning  rtligious  societies,"  «|i])roAed  on  the  lUh 
day  ot  Fthruary,  A.  D  eightten  hundred  and  tliirty- five, 
«^*(  mtkH3  by  tl  e  name  of  the  "Mtthodist  Episcopal  Cliurch,  in  tlie 
mtmmAU.g  iq^.,,  of  Chicago,  Cook  count),  Illinois,"  be  and  the  same 
\9  hereby  charged  to  and  shall  lureafter  be  known  as  the 
•'Fir<t  Methodist  Episcopal  Church  of  Chicago  ;"  and  in 
and  by  sucli  name  shall  have  and  exercise  all  the  powers 
conferred  on  such  corporations  organized  under  the  third 
division  of  the  twenty-filth  chaj^t(  r  of  the  Revised  Stat- 
utes; and  the  present  trustees  of  saul  corporation,  first 
above  mentioned,  shall  be  and  are  hereby  constituted 
trustees  of  said  "First  Methodist  E['iscopal  Church  of 
Chic  igo,"  until  tlnir  successors  are  electrd  in  puisuanco 
of  said  third  division  of  said  chapter  of  the  Revised  Stat- 
utes ;  and  s.^id  trustees  of  said  last  nanud  corporaliim,  and 
their  surcessors,  shall  hold  and  possess,  in  fee,  all  the 
property,  real  and  personal,  donated  to  and  held,  and 
belonging  to  said  onrpoiation  first  above  named. 
fwm9r%^^fAiM  §  -.  Said  "P'irst  Methodist  Episcopal  Church  of  Chi- 
""*'•  cago,"  shall  have  power  to  convey  said  property,  in  fee, 
by  d*ed  or  mortgage,  in  security  for  money  loaned  or  to 
be  loaned  thereon,  for  the  erection  on  such  real  propi  rty 
of  a  place  of  worship  or  such  oth»  r  improvements  as  may 
be  desired;  but  after  the  erection  of  such  place  of  wor- 
ship or  improvements,  if  any  surplus  remain,  the  same  and 
any  rents  which  may  accrue  from  said  property  shall  first 
be  apportioned  for  the  ])ayment  of  such  loan  and  extin- 
gui.<iliment  of  said  mortgage,  and  any  remainder  to  the 
purchase  of  a  lot  or  lots  in  said  city  of  Chicago,  and  the 
erection  of  a  place  or  places  of  worship,  to  be  tindrr  the 
contr*  I  of  the  Methodist  Episcopal  Church,  and  for  no 
other  purpose  whate\er. 

,     §  M.     This  act  shall  take  cficct  from  and  after  the  |>as- 
tage  thereof. 

ArpRovED  Feb.  11,  1857. 


618  1857. 

V  

AN  ACT  to  amend  "An  act  to  incorporatp  the  Western  Air  Line  Railroad  rcb.  u,  iwjt. 

Cojiipuny." 

Section  1.  Tie  it  enacted  by  the  people  of  the  state  oj 
I/Iinnis,  re/)re.<se>it(  tl  in  t/ie  General  ^ssenif)ly^  Tliat  when- 
ever the  said  railroad  comi)aiiy  shall  enter  upon  and  take  Connmuy    lOBdc 

,,,',•'  -    '  roi-p«iiklbl«    lor 

possession  of  any  lands  tor  the  purposes  ot  the  construe-  dam.kCb. 
vion  of  Siiid  road,  ;is  provided  for  in  the  act  to  which  this 
is  an  amendment,  said  lands  shall  be  j)aid  for  by  said  com- 
pany, in  damages,  if  any  be  sustained  by  the  owner  or 
owners  thereof,  in  the  construction  of  the  said  road  across 
the  same,  as  may  be  mutually  agreed  upon  by  said  com- 
panv  and  the  owner  or  owners  thereof;  and  in  case  of  any 
disagreement  in  regard  to  the  amount  of  damages  sus- 
tained by  such  owner  or  owners,  the  damages  shall  be  as- 
sessed, fixed  and  recorded  in  the  manner  provided  in  the 
"Act  to  provide  for  a  general  system  of  internal  im[)rove- 
ments,"  approved  November,  184'J. 

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

Approved  Feb.  14,  1857. 


AN  ACT  to  psfablish  and   miintaiii  a  f»>rry  in  the    county  of    Crawford,  Feb.  M,  1867. 
acro'44  tlin  WabdsU  river,  o]>puaite  to  ttie  town  of    Merom,  in  itie  slate 
of  Indiana. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  oJ 
I/linoi<i^  represented  in  the  General  %^sse7/ihli/y  That  Alex- 
ander G.  Sutherland,  of  the  county  of  Crawford,  and  state 
of  Illinois,  his  heirs  and  assigns,  are  hereby  authorized  to 
establish  and  maintain,  for  a  period  of  twenty  years,  fiom 
the  date  of  the  passage  of  this  a^t,  a  ferry,  in  the  said 
county  of  Crawford,  across  the  Great  Wabash  river,  op- 
posite to  the  Merom  Bluff  road,  and  upon  the  road  loading 
to  the  town  of  Merom,  in  the  state  of^  Indiana,  upon  any 
land  belonging  to  the  said  Sutherland,  and  near  the  south- 
east corner  of  fractional  section  twelve,  in  township 
seven  north,  of  range  eleven  west. 

5  2.  Said  vSutherland,  his  heirs  and  assigns,  sliall  have  Riirht  to  m«kt 
the  right  to  make  all  the  necessary  embankni'-nts  and  other  "r*^ 
improvements  that  he  or  they  may  deem  proper,  to  insure 
the  safety  and  convenience  of  persons  and  jToperty  cross- 
ing said  ferry  ;  which  improvements  may  be  erected  on 
any  public  mad  leading  to  the  said  ferry,  or  lands  belong- 
ing to  t!ie  said  Sutherland,  or  upon  any  public  lands  ;  and 
the  saiil  parties  shall  pay  a  yearly  tax  on  said  f«rry  of 
twenty  dollars  ;  which  shall  be  expended,  under  the  direc- 


n«H-*iiiMiry 
vriiieut*. 


TWli  rcc«UI*a. 


IMT.  C!4 

tion  of  tlie  county  court  of  the  saitl  county  of  Crawford, 
in  ki»|  injj  np  and  in  ^ooi\  niul  sate  repair  the  road  Kud- 
iug  to  SMid  Iciry. 

^  o.  The  .«ittid  Suihrrland,  his  heirs  iwul  assipn<»,  shall 
rtcene,  tor  the  us*  of  swid  It  rrj ,  tolls,  a  taiitV  vi  which 
thall  Imm  time  to  time  he  at'jiisttd  hy  the  said  Crawford 
county  court,  as  circumslaiu  es  may  warrant,  the  person 
or  persons  keeping  sueh  ferry  being  hereby  required  to 
keep  ]'0>ted  at  some  p"blie  place  near  the  said  ferry  land- 
ing a  printed  list  id  the  rate  of  tolls  so  ]iresoribed,  so  that 
any  person  dtsirii.g  it  may  iitfoim  himself  touching  the 
•aroe. 

^  4.  That  sections  three,  four,  fuo,  eight,  nine,  eleven, 
twtlve,  anil  sixteen,  of  chapter  forty- two  of  the  Revised 
Statutes  of  eighteen  hundred  and  forty- five,  in  relation  to 
toll  hrulges  and  lerries,  so  far  as  the  same  are  apolicable, 
are  her«  by  referred  to  and  made  a  part  of  this  act. 

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

Approved  Feb.  14,  1867. 


'•*'*»'•*'■       AN   .\CT  aulborizii  p  Ihe  cirriii*.  firrk  «if  Sanpnmcn  county  to  transcribe 

certain  reeoids  thfrein  nanicd. 

SccTlorr  1.  Be  it  eiuirteff  hy  the  prttple  cf  the  state  tif 
Jllimtut.,  Tfjiresenteil  vi  the  (irnvral  *^hstvil>/y,  Th;it  the 
clerk  of  the  circuit  court  of  Sangamon  county  be  and  he 
M  hen  by  authorized  and  n  quir«  d  to  transrritir  hook  C, 
D,  K,  and  Y,  of  the  records  oi  deeds  and  mortgages  of 
Sangamon  county,  in  honks  for  that  purpose,  to  be  j)ro- 
cured  by  the  sad  (lt-rk,^and  at  the  expense  of  thu  said 
county. 

5'  2  AVhen  the  records  made  by  the  authority  of  this 
act  are  completed,  in  manner  contemplated  therein,  and 
dejtositeH  in  the  record*  r's  office  of  said  cour.ty,  ci-rtified 
copies  of  the  same,  made  by  the  recorder  aforrsaid,  shall 
be  evidence  in  all  courts  nod  places,  and  have  the  same 
lorcc  and  effi-ct  ai  if  certified  from  the  original  books  from 
wbtcli  the  name  were  transcribed. 

Approved  Feb.  14,  IHf)?. 


G15  1S57. 

AN  A.CT  10  vacate  certain  lota,  blork«,  strpptg  and  alleys  In  the  town  of   ^e'>.  M,  i857. 
A|>|)leloii,  in  Perry  counly. 

Be  if  enacted  bi/  the  people  of  the  state  of  /f/iwn<i,  re/)' 
resenti'it  in  the  (itneral  **7vsf/n '*///,  That  tla*  lots,  blocks, 
streets  .uid  alleys  in  tlir  town  of  Ajiitlt-ton,  in  tin*  county 
ol*  Perry,  and  state  of  Illinuh,  t  )  wit :  Blocks  numUer  eight, 
nine,  ten,  eleven  and  twelve,  in  ."aid  town  of  Applt  t on,  in 
Smith  &.  lidrber's  addition  to  said  town,  he  vacated,  and 
tliut  SJ  iUiicli  thereof  as  is  included  in  sai  I  hioi  ks,  alleys 
and  str»!ets,  be  forever  separdtcJ  Uom  {-aid  town. 

Approved  Feb.  14,  18<37. 


AN  ACr  10  ameni  an  act  entitle  1  '*An   act  to  incorporate  the  Rockfortl  Fek.  u,l367. 
and  Ruck  Inland  Uailruad  Comjiany." 

Section    I.     Be  it  enacted  hrj  the  people  of  the  stale  of 
Illimjisy  represented  in  tlie   General  ^isseinh'i/y  That    the 
time   within   wliicli  the  said    Rockford    and   liock   I:jland  Time    or   rom- 
Railroad    Company  are   by  their  act  of  iiicorjjoration   re-    °',n"m"^ion*^' 
quired  to  commence  the  Ci)nstruction  of  their  railroad  be    J^'^e  ■"*"»<» «»*<»• 
and  till'  .SjiMie  is  hereby  extended  for  the  term  of  four  years, 
from  tlie  date  of  the  passage  ot  tiiis  act,  within  which  time 
they   are    required  t »    commence  the    construction  of  the 
said   roa  I ;  and   the   said   company  shall    be   allowed    ten 
years,  fiom  the  time  wilhin  which  by  this  act  they  are  re- 
quired to  com  nence  the   constructiofj  of  said   railroad,  to 
complfte  the  same.     Any  faiiiire  of  said  company  to  com- 
mence t.'ie  construction  of  tlie  said   road,  witlnn  the   time 
mention  ;d  in  the  said  act  of  incorporation,  shall  in  no  re- 
spect vitiate,    annul  or  in    any  manner   affect    any  of  the 
rights  (if  sdid  company  un  ler  said  act  of  incor|>oration. 

§  2.      This   act  to  lake  elFcct  and  be  in  force  irmn.  and 
after  i'  •  passage. 

Approved  Feb.  14,  1837. 


AN  ACr  to  restore  William  lUy,  Silas   Brown,  John  Sellers  and   Asel   p,*,,  n  15*7. 
Merrill  to  Ihe  ri;;lil9  of  citi^ensliip.  *     ' 

Section  1.  Be  it  enacted hy  the  people  of  the  state  of 
Clin  HI,  repre'ienled in  the  General ^ii^enVthj^  Tiiat  William 
Ray,  w  I  »  was  convicted  oi  larceny  at  the  April  term  of 
the  cirojit  court  of  llenderjon  county,  in  the  year  16<33j 


1857.  l>l^ 

Silss  Hrovvn,  of  Adams  county,  wlio  wns  coiwicteil  of  lar- 
c«'nv  in  the  Aiiauis  cinuit  court ;  Joliu  Si  IKis,  «'l  Han- 
cock county,  who  was  conviotid  of  hirc»»uy  in  tli»'  Hun- 
cock  circuit  court,  and  Ast- 1  Merrill,  of  Boone  county,  wlio 
was  conviot*'d  of  Inrccny  in  ihe  Cook  circuit  court,  be  anf" 
t!.»y  ate  hereby  restored  to  all  the  rights  and  privileges  of 
Other  citizens  of  the  state  of  Illinois. 

§  -.      Tliis  act  to  take  elFcct   and  be   in  force   from  and 
afler  its  pa-ssaire.. 
.   ArPRovKO  Feb.  14,  1857. 


fct.u,  IM".  AN  AT  r  to  .iin^nil  an  act  rntitlod  "An  act  to  (titablish  a  fprry  across 
Ih'  Mi»^i»3i|M'i  river,  at  Warsaw,  in  Hancock  county,"  approved  Jan- 
narr  ITtli,  18.'>l. 

Be  it  enacted  A//  tlie  }  "oph  nf  the  afote  of  I//inois\  irpre* 
.rented  in  the  General  .isaemhly ^  That  section  one  of  said 
act  be  and  the  ■^amo  is  lureby  so  amended  as  to  authorize 
the  said  William  l"'nplish,  his  heirs  or  assigns,  to  keep  and 
run  his  ferry  boat  or  boats  to  the  city  of  K(M)kuk,  in  the 
^*ate  of  Iowa,  and,  gpnerally,  to  ferry  persons  and  pro- 
perty to  and  from  said  place,  in  the  manner  provided  for 
in  the  above  recited  act;  and  that  all  the  privileges  and 
immunities  granted  to  tlie  s  lid  Higlish,  his  heirs  or  assign»> 
by  the  said  act  t.)  which  this  is  an  amendment,  as  well 
a<  all  '.le  rights  herein  conferred,  be  and  the  same  are 
hiTeby  extended  fjr  the  term  of  twenty-years  from  this 
date. 

Approved  Feb.  1  I,  1857. 


II,  ts^T.       AN  .\('rto  iiirorpTTit*  III"  Wihii*!  V'lll.'v  K'PP  ml  Mirini    Insurance 
Cuupany  uf  I'arit,  K.l(;ar  rounly,  Illinois. 

Section  1.      lie  it  enacted   In/  the    (HDirral   »OssemhI}/y 

of    the    $tute  <ij   llliii<ti<i.    That    S.iinurl    Connel<  y,     David 

■laMorx    (^-  Hitrr  and   William    1).    Lat'^iiaw,   of  Paris,   Illinois,  and 

*?wTnw^\*^  their   Bsaociate!i,   .iiiccessors  and    assigns   be   and  they  are 

lienby  incorporate  I    into   a   budy    corporutu    himI  politic, 

•,T\»*t<mrm:  by    the   name    nnA  style   ol     ♦'  The  Wabash     Valley    Fire 

**^  and  Marine  Insurance  Company  of   Paris,   Edgar   County 

Itlinoifj"   to    have     continuaneo     and    succession,   lor  the 

term    tA  fiMy    jear»,   from    and    nfler    the    pasN,»ge   of  tliift 

aclj    eod    by  said    corporate    name   and    Hl)le,  t>liall   be^ 


617  .     1867. 

for  tlie  term  aforesale],  capable  in  law  and  equity  to  sue 
and  be  sutJ,  to  pU-ad  and  Ix.-  iinplt-adt  tl,  and  to  Jo  bll  utl.er 
matters  and  tbinj^s  necessary  in  law  to  protect  and  de/<  i  d 
ibeir  corporate  ri^bts;and  may  bavea  coininon  seal,  wbich 
tbey  may  cbange  at  pleasure. 

§  2.  Tbe  capilal  stock  of  said  company  sball  not  be  capjui iiock. 
less  tban  titty  tbonsand  dollars,  wbicli  may  be  increa!i»d  to 
three  hundred  tliuusand  dollars,  but  no  more,  divided  in- 
to sliaies  ol"  one  bnndred  dollars  eiuli.  Tlie  stock  sball  be 
deemed  personal  property  and  transferable  on  tbe  books 
of  the  company;  but  no  stockholder  shall  be  permitted  to 
transler  his  stock  while  he  is  indebted  to  the  corporation. 

§  a.  The  persons  named  in  the  tirst  section  ot  tliis  act  ";;;". u. k« opens. 
are  aj)pointed  commissioners  for  procuring  said  capital 
stock  of  fitty  thousand  dollars,  or  so  much  thereof  as 
shall  be  necessary  tor  the  organization  of  said  companj; 
and  said  commissioners,  or  any  three  of  them,  shall  open 
subscription  hooks  for  such  stock,  on  such  dajs  and  at 
such  times  and  places  as  they  may  deem  expedient,  and 
shall  give  at  least  three  weeks'  notice  of  the  sam»'  in  one 
or  more  newspapers  printed  in  the  town  of  Paris,  or  else- 
where; And  said  books  shall  be  ke))t  open,  from  time  to 
time,  until  the  sum  of  fifty  thousand  dollars  be  subsci  ibid. 

$^  4.  When  the  full  amount  of  filty  thousand  dollars  Kiection  ox  <n- 
shall  have  been  subscribed,  and  one  dollar  on  each  share 
of  stock  paid  on  subscription  to  said  commissioners,  they 
sliall  then  notit'y  tbe  stockholders  of  the  same,  and  appoint 
a  time  and  place  at  which  they  sliall  meet,  giviiig  five  dajs' 
notice  of  said  meeting,  in  one  or  more  of  the  weekly  news- 
papers publish  d  in  the  town  of  Paris,  and  receive  their 
votes  lor  the  election  of  not  less  than  five  nor  more  than 
thirteen  directors,  who  shall  manage  the  business  of  the 
company,  and  shall  hold  their  office  for  one  year,  and  until 
others  are  elected  in  their  places,  and  who  shall,  at  the 
time  of  their  election,  be  citizens  of  the  United  States,  and 
holders,  respectively,  of  not  less  than  ten  shares  of  stock. 
The  voting  at  all  elections  shall  be  by  ballot,  but  absent 
Stockholders  may  vote  by  proxy  in   writing. 

§  5.  When  the  stockholders  shall  have  elected  the  ore«pii»tion  t 
board  of  directors  the  commissioners  shall  deliver  to  said  \'^'l^  ""  *'*'*^ 
directors  the  subscription  book,  mone}S  collected  on  ac- 
count of  the  same,  and  all  other  papers  and  things  in  their 
hand.4,  necessary  to  a  full  oiganization  of  said  company; 
and  the  said  directors  shall  proceed  to  organi/.n,  by  the 
election  of  a  president  from  among  their  number,  a  secre- 
tary, and  any  other  officers  or  agents  they  may  deem  ne- 
cessary for  the  successful  working  of  said  company,  who 
shall  hold  their  offices  during  one  vear.  The  boaid  .shall 
adopt  sueh  by-law^;  for  the  gener.il  ct)nduct  of  the  busi- 
ness of  the  company  as  they  may,  Irom  time  to  time,  Jeein 


1^7.  618 

«i]vi<a^!r;  tlu>y  shall  also  fix  tlio  snlaries  and  define  the 
du'i»-s  of  mII  empl.i)  ees  o(  tlio  company. 

twA«u«4ia.  §  (>-  \Vitt*n  the  iioard  of  directors  shall  bo  orgnnixed, 
•s  |ir<)vided  in  s*>ction  five,  they  shall  cull  in  by  peisonal  or 
Mublic  notice,  of  at  least  ten  days,  such  an  amount  of  the 
ca|>ital  stork  a'?  they  may  dei-m  expedient,  bnt  not  less 
th«n  nine  d  diars  on  eaeli  share;  uliieh,  toi;i-ther  wilh  the 
ninonnt  psiil  to  the  coniinissi»)iier«,  shall  constitute  the 
first  insiallement  on  tlie  ca))ital  .>tock,  and  shall  n  quire 
the  residue  of  said  stock  to  be  secured  by  good  and  legal 
stick  notes,  secured  to  the  satisfaction  ot  the  director", 
and  payable  on  demand,  and  shall  issue  therefor  certifi- 
cate'<  of  stock,  setting  forth  the  amount  paid  in  cash,  :ind 
the  amount  and  conditi  )n<!  of  the  stin'k  notes  for  the  resi- 
due, and  that  the  stock  book  of  said  company,  after  the 
org4nizititin  of  said  board  shall  continue  open  at  the  otfice 
of  said  company,  for  subscription,  until  the  full  sum  (;f  fifty 
thousand  dollars  shall  have  been  subscribeil;  and  upon  the 
subscription  of  any  stock  utter  the  organization  of  said 
board,  the  sum  of  ten  per  cent,  shall  be  paid  into  the  board 
b)  the  person  subscribing  such  slock,  which  shall  consti- 
tute the  first  installment  on  the  stock  so  subscribed;  and 
the  bo  »rd  of  directors  shall  require  the  residue  of  the  stock 
so  subscribed  to  be  secured  by  good  and  legal  stock  notes, 
and  i-«sue  certificates  for  suih  stock  in  the  same  manner 
a^  i-»  provided  (or  the  execution  of  stock  not*  s  and  grant- 
ing certificates   for  stock  subscribed  before,  the  urganiza- 

■  iiirnj  II II  r  tioii  of  94id  board  :  Proviilcd^  that  if  at  any  time  the  di* 
pctors  shall  consider  any  of  the  stock  notes  insecure, 
(hey  nhall  have  power  to  require  additionnl  security  on 
the  k4me,  alter  due  notice,  under  such  p«Tiallic3  and  for- 
feitures a<i  they  may  provide  in  their   Ihws. 

§  7.  Tliis  cor|)oration  shall  have  powir  to  issue  poli- 
*^"  cie«  of  insurance  against  loss  or  damage  by  fire,  on  houses, 
•tores  and  all  otiier  buildings  and  structures,  on  personal 
property  of  all  descri[>ti(jn-<',  .md  to  make  marine  insurance 
M]»»n  steamboats  and  all  other  vess»  Is  and  water  cralt,  on 
their  tackle,  freight,  cargoes,  and  all  kinds  of  personal 
property  in  course  of  transportation;  and  to  do  and  ner- 
'  form  at!    necessary   acts  and  things  connected  with    these 

oHjects'or  arjy  of  them.  All  jjolicies  of  insurance  shall  be 
•ubscribed  by  the  pre'irlent  or  vice  president  and  coun- 
ter«igned  by  the  secretary. 

_  &   rt.      The  bo*rd  of  directors  shall  make  such  dividend, 

annually,  or  semiannually,  as  in  their  Judgment  the  affairs 
o|  the  rompany  will  pf-rmit.  All  such  dividends  shall  be 
indoned  upon  the  urijiaid  stock  notes  until  they  are  paid 
in  fu'l. 

tj   1>.      It  shall  Ko   lawful   for  th**   said  corjioriitinn  to  in- 
%'etl  ils  fundi  in  United  Stales  stocks,  stocks  of  thii»  state, 


Giy  1857. 

motgapt*!?  nn  iin^ncv.mlnred  real  estate,  in  Ei^gar  ct  iinty, 
or  elsfwlit-r t',  worth  fiity  per  ct-ut.  more  than  tlie  amount 
loaned  tli<icnii,  and  on  suc.i  oilier  safe  securities  as  llie 
board  of dirtctnrs  may  determine. 

§  10.  Tilt  fiscal  J  ear  of  this  company  sliall  commei.oe  Fi»c«i  year, 
on  tiie  first  thiv  of  January  ai  d  terininatt;  nn  the  thirty  first 
day  of  I)t'r»iul)er.  Tlie  officers  of  the  sai  1  comj)any,  shall, 
during  the  month  of  January,  in  <'ach  year,  cause  a  full 
and  ac  urate  statement  of  li.e  aflTairs  of  taid  company  to 
be  macft  in  some  one  of  the  weekly  newspapers  published 
in  the  t  iw  u  of  Paris. 

§  11.  The  principal  office  of  said  company  shall  b^  lo- 
cated 111  the  town  of  Paris,  Edgar  county,  Illinois;  but  it 
may  ha\  e  agents  and  transact  business  within  and  out  of 
the  staU'. 

§   I'J.     It  shall  be  lawful  for  said  company  to  purchase  n^i   trtue,  »o 
and  hold   such   real   estate   v.s    may  be   conveni*  nt  lor  the    '^"J"^  "* 


Id. 


transaction  cf  its  business,  and  also  to  have  and  hold  any 
real  estate,  as  security,  by  mortgage  or  otherwise,  to  se- 
cure the  payment  of  debts  due  in  good  faith  to  said  com- 
pany, either  for  shares  of  cajiital  slock,  or  otherwise;  al- 
so, to  purchase  real  estate  at  any  sale  in  virtue  of  any 
judgment  at  law,  decree  in  equity,  or  deeds  of  trust  ir:  fa- 
vor of  Sdid  company. 

5   1').     The  stockholders    of  said  company  shall  meet  Annnai  me-tirg 
annually,  on  the  second  Monday  of  January  in  eacli  }ear, 
and  elect  directors  for  the  then  current  year,  at  the  office 
of  said  company,  in  the  town  of  Paris. 

§  14.     TLis  aetshall  take  eirect  and  be  inforce  from  and 
after  t!.e  4th  day  of  March,  A.  D.  1»57. 

Appk'»vku  Feb.  14,  1857. 


AN  ACT  to  vacate  the  town  plat  of  Prairie  du  Rocher,  in   Ilimlolpti  Feb.  U,  I3(n. 
coiitit\,  arid  to  antliorize  the  sale  of   vacant  lots  in  ibe  said  village  of 
Prairi    du  Rocher. 

Wherkas  the  inhabitants  of  Prairie  du  Rocher,  in  the  coun- 
ty ofliandolph,  are  entitled  to  certain  lands,  commonly 
known  as  the  "commons,"  of  the  villi  ge  of  Prairie  du 
RochtT,  by  virtue  of  an  ancient  grant,  recognized  and 
confirtned  by  the  government  of  the  United  States;  and 
whereas  the  greatest  part  of  this  land  was,  in  early 
times,  surveyed  out  in  allotments  to  actual  settlers,  from 
whom  the  title  appears  to  have  descended  by  inheritance 
or  purchase  to  the  present  claimants;  therefore, 
SECTfoN.  1.  Br  it  enacleti  htj  llie  penplr  of  the  stale  of 
I /inns,  [re  presentee/]  in  t/ie  GenTai  »is.scmh/i/,  That  the 
grant  of  lots,  to  the  present  occupants,  to  whom  they  were 


to 


1S57  02u 

granted,  a«.^coriIini;  tvi  ancient  custom,  jiiul  have  conform- 
eJ  ihtuisclves  willi  the  coiulitions  ol'  tlieir  gr;int,  aiui  'hose 
who  li.^ve  |iiirclia>t'il  fnun  tlu'in,  or  those  to  whom  they 
hjive  «le<tceiideil  by  inheritance,  from  their  ancestor*,  shall 
be  and  are  lierei>y  confirmed  to  them,  heirs  and  assigns 
forever. 

^   J.      It  is  fur/her  enacted^  That  Amlre  Barbeau,  An- 
^^*  toine  Blais  and  John  Brewer,  are    hereby  uppointeil    cora- 
Va'i^«*>.  mi'«<ioner^,  and  aiithori/.eii  to  resurvcy  the  said  vill.tge  of 
Prairie  dii  Kocher,   and  to  atHx  permanent  boundaries   of 
streets  and    alleys,   in  said   vilh\<;p,  which  they  may  deem 
of  necessity,   and   may  have   stuveyed  the   balance  of  tho 
lands    iuioccii|  ietl,   and    which  never   was   grant   accord- 
ing to  ancient  custom,  and   ilivide  the   same  into  such  lots 
as,  in  their  Oj»ini«)n,  will  seem  best  and  most  advantageous. 
•»!  put       §  o.     The  said  commissioners  shall  be  required  to  make 

•iMiiHriii.  ^Ijeir  survey  and  plat  of  said  village  conform,  as  near  as 
may  be,  to  the  present  plat  and  survey  of  said  v'llage, 
with  power  to  vasate  streets,  alleys  and  puh'ic  ;;round, 
which  they  may  deem  unnecessary,  and  tha*  the  sur- 
vey and  plat,  wlieu  made,  shall  be  recorded  in  the  recor<l- 
er's  ortioe  in  Randolph  coun'y,  and  when  so  recorded  shall 
be  cnrisidered  a  legal  survey  and  record  of  the  village  of 
Prairie  du  Roclier,  sul)ject  only  to  the  decision  'f  the 
courts  havii.g  competent  jurisdiction  in  the  premises  : 
,In(l  il  is  furtlu  r  pntvidid^  that  no  decision  shall  invali- 
date any  other  portion  of  the  survey  than  that  portion  in 
regard  to  which  such  decision  refers;  aid  that  all  suits  for 
any  change  of  boundaries  from  that  made  by  the  aforesaid 
cnmmissionerj  shall  be  commenced  within  one  year  from 
the  time  that  such  survey  and  plat   is  filed  for  record. 

•i. Lmu  (trti-t.  ^  4.  // it /ur/Arr  rz/ric/'v/.  That  the  street,  northwest  of 
block  No.  47,  and  designated  as  St.  Louis  Mreet,  in  the 
plat  of  said  village,  be  and  the  same  is  hereby  vacated  ; 
the  ti'.le  of  the  sam?,  reverted  back  to  William  II<'nry,  the 
former  owner  of  the  same,  and  to  his  heirs  and  ivssigns 
forever,  being  part  of  his  grant,  joining  said  block  No.  47: 
Prmid  dy  in  Vr  r'/ir/r. ss,  that  the  said  William  Henry,  his 
b  irs  or  assigns,  shall  keep  ojien  on  his  land,  a  publio 
road,  84  it  is  presently  established,  and  now  ctiUcd,  the 
Kedbud  rnnd,  Irom  Prairie  du  Ui)cher. 
i«kMf4  §  •'>.  /if  it  further  rri(irtfi/f  That  either  two  of  tho 
**  said   commi<isioners   shall     constitute    a   quorum,   (pialified 

for  the  Iraniaction  of  bu<»ines4,  and  that  in  case  of  death 
or  resignation,  they  may  appoint  another  to  act-willi  thom, 
and  flball    proceed  to  Rell  at    public  outcry,  at  a  suitable 

fd«nr  in  l!in  village  of  Prairie  du  Uoiiher,  all  or  part  of  tho 
•  nd  wfiich  {\ify  may  have  vacated,  and  all  lind  or  ground 
in  lai  1  vi.Ug*-,  not  pruviouily  graottMl,  as  aforesaiil,  after 
&r4t  giving  iioiicc  f^r  fiur  coiuucutivo  wcvki,  in  a  news- 


G21  1857. 

paper  printed  in  the  county  of  Ranc'olpli,  pnd  bj  pntfirg 
up  four  written  r r  printfd  nolicis,  in  Icur  ol  ilie  most  pub- 
lic places,  in  said  ^  illape,  of  llie  ]»lace,  conditions  aiid  the 
time,  when  said  lots  will  pnMicly  be  tffVied  lor  sale.  Each 
lot  or  part  of  liie  same,  as  tlit-  case  may  he,  shall  be  offer- 
ed, separately,  slatinp;  the  quartily  ol  lands  each  lot  or 
parcel  contains;  and  the  same  shall  be  struck  off  to  the 
best  and  most  reS[>onsible  bidder,  bidding  the  highest  price 
for  lot;  and  the  said  con.miisioi.ers,  or  two  of  them,  shall 
make  and  execute,  under  their  hands  and  seals,  to  each 
purchaser  a  deed;  which  deed  shall  vest  in  the  j)urcliaser, 
his  or  I  er  heirs  or  assigns,  the  full  and  complete  possessirn 
of  such  lot  or  lots  forever;  and  nothing  in  this  act  contain- 
ed, shall  prevent  the  said  commissioners  from  selling,  at 
any  time,  any  of  the  said  lands  or  lots,  at  j)rivate  sale,  after 
having  fir:?t  offered  the  same  for  sale  at  ])uhlic  vendue,  as 
hereinbefore  stated,  and  at  the  best  price,  as  in  their  opin- 
ion will  seem  most  advantageous. 

jj  G.      It  is  J'lirl/ier  e/iac/i(/.  That  the   proceeds  of  the  ''''•" '"»"^''»"<* 
sale  of  the  lands  and  lots  of  the  said  village  of  Prairie  du    u«e. 
Hocher,  sold  as  ])rovided  by  this  act,  shall,  alter  defrajing 
all  the  expenses   attending  the  sale  of  said  lands  and  lotp, 
be  used  and  applied  to  the  construction  of  a  church  in  said 
village  of  Prairie  du  Rocher. 

§  7.  The  said  commissioners  shall  appoint  a  treasurer,  Trp.isnrcr  ©nba 
who  shall  give  sufficient  securi.y  for  the  faithful  ])erform-  bond*.  *^ 
ance  of  his  duty  and  for  the  pajment  of  the  money  which 
he  may  receive  from  the  proceeds  of  said  sale;  whicii  will 
be  subject  to  be  drawn,  as  the  said  commissioners  may  di- 
rect, from  time  to  time,  and  as  it  will  he  needed  for  the 
construction  of  said  church;  and  the  said  treasurer  shall 
also  perform  the  duty  of  clerk  of  the  board  of  commission- 
ers. 

§  8.  //  is  further  enacted^  That  if  any  vacancy  shall 
occur  in  tlie  board  of  commissioners,  by  death,  resignation 
or  otherwise,  the  other  commissioners  shall  have  power 
and  are  hereby  authorized  to  fill  such  vacancy  by  appoint- 
ment; and  the  said  commissioners,  before  entering  upon 
the  duties  for  which  they  are  hereby  appointed, shall  make 
oath,  before  some  qiialified  magistrate,  that  they  will  luith- 
fully  perform  their  duties  as  commi>isioners,  according  to 
the  best  of  their  abilities  and  in  accordance  with  the  pro- 
visions of  this  act, 

j!)  *.'.     This  act  to  take  effect  from  and  after  its  passage. 

Approved  Feb.  14,  18.j7. 


l-^M.  022 


AX  ACT  to  amenci  th*  chiirter  of  **Tljf  Phicapo  ami  Danvill<«  Piial  Cora  - 
p4ii*,"  orjjAni**'!!  uiidiT  "All  art  to  ;niUii>ri/.e  tlie  fi>rina'.u>i;  oi"  >iuporrtt« 
co»«pinir«.  f»>r  ih*  purpose  nf  mitiirig  and  Uaiisportation,  h\  .i  goMcral 
U«r/'  appuved  June  £2d,  185*2. 

Skction  I.  f^c  it  enacted  htf  the  people  of  the  ^tate  of 
l//vn/i'<,  represfiifct/  in  the  Cftnefii/  .*/.s\<;/»/»/y.  Tiiat  tlia 
corjjrtrate  name  of  "Tiic  Ctiica|To  atn]  Danvillt;  Ct»al  Com- 
paM)"  is  hereby  chanjreil  to  '*  The  Chicago  and  Carbon 
C.ial  Company  ;"  ai»«i  by  siioh  name  and  stj  le  shall  do  and 
transact  all  the  business  of  such  company  ;  sue  and  be 
sufd,  plead  and  be  impleadetl,  in  any  court  of  law  or 
e«jiiity  in  this  st.ite  or  eiseu-lierc. 

^  2.  Said  coinptny  shall  have  power  to  manufacture 
fire  brick,  cuke  and  such  other  articles  as  ma)  he  made 
■  lid  manufactured,  in  who  e  or  in  part,  from  clay,  coal  or 
other  mineral  substances;  and  may  construct  and  main> 
tain  all  >Mich  machinery,  buililin«:;'^  and  other  appli'uces  as 
the  b.urd  of  directors  may,  from  time  to  time,  d»'»'iti  neces- 
sary f.ir  the  business  ojierations  of  the  comj)any  and  the 
improvement  of  its  property. 
o«»tui(to(*.  ^  •'»•     1^1'c    capital    stock  of  sail   company  may  be  in- 

creased by  the   board  of  directors,  in  ?ums,  from  time  to 
time,  to  any  amourit,  not  exceeding;  one  million  ol  dollars. 

§•  4.  S.ud  company  may  purchase,  own  a. id  lndd  real 
estate,  to  any  amount,  not  exceeding  three  thousand  acres 
at  any  one  time,  and  may  sell,  mortgage  and  convey,  at 
pleasure,  any  or  all  of  the  mineral  or  mining  right  of  such 
ompHnv,  or  of  the  lanih,  r»'ser\  iiig  the  mint^ral  and  mining 
[right-*,]  or  otiierwi>*c,  in  lots  or  traot>!,  as  may  h»'  deemed 
nece-sary  for  the  interest  and  business  operations  of  such 
company 


- — ■ — .' 
to  t~m.       ^  6.     In  case  it  shall  at  any  time  be  deemed  necessary 
V»^'^  by  the    board  of  directors  of  said   company,  for   itie    pur- 
*  ■•••^'  puses  of  transporting  its  coal,  and  more  elfec^tually  to  carry 


on  its  business  operntitins,  (hat  a  railroad  should  be  con<^ 
dtructed,  tfien  s-*id  company  m<<y,  und<;r  the  pro\  isions  of 
the  general  railrii'i  acr,  entitled  "An  act  to  pro\  ide  for 
a  f^fuer*\  system  of  railroad  incorporations,"  ap)>rov  ed  No- 
vember ''ith,  1841^  and  all  acts  supple  mentaland  amenda* 
tnry  th'Teto,  nrgaiii/.e  a  corporation,  for  the  purpose  of  con- 
•tnictin);,  owriin(^  operating  and  maintainiiig  a  railroad, 
and  may  s<ib«cribe  to  its  capital  stock,  if  deemed  neces- 
■  ary.  Said  railroad  comjiany  may  locate  its  railroad  and 
fix  the  termini  of  the  same,  provided  they  be  "ucli  as  to 
rommunic^t«»  with  the  mines  of  this  company  and  «'onncct 
with  another  railroad  ifi  thi-i  state;  whicli  said  r-iilroad 
corpora'ioti,  «o  organi/.ed,  shall  have  Jirul  poss.ss  all  the 
powers,  privileg«'f»  and  immunities,  as  prescribed  in  and  by 
f  ti(i  general  act,  and  all  acts  supplemental  and  amendatory 


623  1857. 

thereto,  without  presenting  a  petiti(  n  to  the  If  gislaliire, 
as  jtrovidt^cl  in  sau!  mneral  act. 

§  0.  This  act  shhU  take  tflVct  and  be  in  forte  fiom 
and  aftpr  its  j)assa^e. 

Approvku  Feh.  11,  18r>7. 


AX   ACT  to  authorize  Marion  county  to  issue  bonds,  and  for  ollur  piir- 

'*'*"'•  Feb.  N,  1897. 

Section  1.  Be  it  eiuictiil  ly  fhe  penjle  of  the  stale  of 
Illiudisy  npresniltii  in  (lie  Vmnral  JJsstvilih/^  That  ihe 
cotinty  court  ot  Marion  toiinty  jiie  hereby  aiilhoiiz»  d  jmd 
erajiowered  to  issue  county  bonds,  of  not  hss  than  filty  Amnnntof fconj* 
nor  more  than  one  thousand  dollars  each,  with  coupons  '""^'*' 
thereto  attached  in  intenst,  which  in  all  shall  not  anmnnt 
to  more  than  twenty- fivt  thousand  dollars.  Sairj  bonds 
shall  tie  made  payable  in  not  less  lluin  live  lior  more  than 
filteen  5  ears  Irom  the  time  they  aie  issued,  bearinj^  an 
annual  interest,  not  to  exceed  ten  per  cent.  Said  hnnds 
shall  not  be  sold  below  the  par  valup  thereof,  and  always 
receivable  for  taxes  and  other  dues  to  the  said  coniity  of 
Marion.  Said  bonds  shall  be  sealed  and  signed  liy  the 
judge  of  the  county  court,  and  countersigned  by  the 
clerk  of  said  court,  and  the  interest  of  the  said  bonds 
shall  be  paid  punctually,  each  and  every  year,  in  the  town 
of  Salem,  i;;  said  county,  to  the  owner  or  owners  theieof, 

§   2.     The   faith  and    credit  of  the    cotmty    of  Marion, 
all  the  taxes   collected  of  the  county,    and    all  the   public  prnviMon      tnt 
property  of  the  said  county  are  hereby  ])ledged  and  made    pnnTf^'i    »na 
accountable  for  the  pajment  of  the  j)rinci])al  and  interest    ""T^"       ""' 
of    said    bonds;  and    the    sa'd    county    court    of    Marion 
county  are  hereby  authorized   to  levy  u  special  tax  on  all 
the   taxable   property   in   said    county,  to    be   levied   and 
collected    as   other   taxes   for   county    piirposes,    for    the 
purpose   of  pajing   the    entire    interest   annually    on  said 
bond-',  and   the  principal  of  said  bonds  by  anmial   install- 
ment?,  as  they   may   tall  due;  and  the    said   county   court 
are  hereby    required   to  issue  said  bonds,  so  that  a   part 
shnll  fall  due,  annually,  at  and   after  the  said  term  of  five 
years  from  the  date  thereof. 

§  ."..     The   county  court  of  Marion  county  are  hereby  u.rinn    w.nnty 
authorized   and  empowered  to  erect  and  build   a  suitable    ■^••of' •»'•"»'"«  » 

,      '  ,  ,.  .         ,  Court  DonM. 

court  house  on  the  public  square,  in  the  town  of  Salem, 
in  said  county  of  Marion;  and  the  amount  of  money 
necessary  to  build  and  erect  paid  court  house  sliall  be 
paid  out  of  the  proceeds  of  the  sale  of  said  bonds;  which 


I'^iT.  624 

•m'^nnt  sliull  not  exceed  the  sura  of  twenty-five  thousand 
duMttrs,  to  be  expendei)  us  afDifsaid. 

{  4.  The  comity  court  of  Marion  county  are  horoby 
required  to  make  sale,  at  public  action,  of  the  CDurt 
hoiKe  ni»w  standing  on  the  public  square  of  the  said  town 
of  SalcMU,  alter  giving  such  public  notice  as  they  shall 
deem  necessary. 

§  o.  This  act  shall  bo  deemed  a  public  act,  and  shall 
be  ill  force  on  and  after  its  passage. 

••Vpirovkd  Feb.  11,  1857. 


r«»  14.  nrr  AX  ACT  to  incorporate  the  riko  County  RiilroaJ  Company. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
JUimii'i^  represented  in  the  General  Jlssemhlff^  1  hat 
Alexander  Srarne,  Ozias  M.  Hatch,  Josiah  Lombard, 
William  F.  Il.)oi»(»r,  Richard  H-  H^ys,  George  VVike, 
M  Ivin  B.  Cilurcl.ill,  George  W.  Shields,  J.  T.  Helms, 
Miiljn  Hay  and  Chauncey  L.  Higbee,  their  associates, 
suecessors,  heirs  and  assigns,  be  and  they  are  hereby 
created  a  bo('y  corporate,  by  the  name  of  "The  Pike 
County  Riilroad  Company,"  with  powers  to  build,  con- 
Stiuct,  maiiitaiu  and  ust*  a  railroad  from  some  point  on 
■«!•■>«  ,.«j  the  wfsl  bihk  of  the  Illinois  ri\<r,  opposite  or  nearly 
JJ^-^*^""  opposite  the  town  of  Naples,  in  Scott  county,  running 
weniwan'ly  across  the  county  ol  Pike,  by  way  of  (iriggs- 
ville,  to  the  ea^t  bank  uf  the  Mlssi^sippi  river,  opposite 
or  nearly  opposite  the  city  of  IlanriibHl,  in  the  slate  of 
Missouri,  with  powers  to  fix  the  amount  of  capital  stock, 
ftjcki  «<  •>'.  to  divide,  Iransffr  and  increa<)e  tht;  satne  at  plensiiro,  to 
J3  ^^*g',i.  borrow  money  nnd  ph-dge  or  mortgai^e  its  propiirty  or 
•'^•'^•^  franchises,  to  condemn  according  to  law,  lands  neces- 
sary for  the  track  of  said  road  and  for  tiie  turn-outs,  side 
tracks,  and  sites  for  the  depots,  engine  houses  and  other 
btiililinKS  nece^iary  for  the  conv»nience  and  accommoda- 
tion of  Maid  railroad;  to  consolidate  its  capital  stock  and 
franchises,  with  any  other  railroad  comj)ariy,  and  to  con- 
tract, bargain  and  agree  uith  any  other  party  or  railroad 
company,  for  the  construction,  use  or  maintenance  of 
•aid  railroad,  and  generally  to  have  all  the  powers  and 
privilrg.«f  necessary  to  carry  out  the  intentions  of  this 
•ct.  Slid  company;  shall  have  the  power  to  construct 
•nd  build  a  bridge  across  any  river,  creek,  lake  or  stream 
of  waf»  r,  for  the  ptirposes  of  connecting  with  other 
railroads:   Prmidul^   that   any   such   bridge   shall  not  bo 


026  1807. 

so  constructed  as  to  impede  the  navigation  of  any  navi- 
gablt"   river. 

§  '2.  That  all  the  ri^''ts,  privilegi"?  and  advantages  Pnrih.r  pr,viie- 
with  the  liniitations  and  restrictions  conlern-d  n|)«tn  the  «"•  •^"'•"'e*'' 
Illinois  Central  Radroad  Companj;  also,  the  rights,  pri- 
vileges and  advantages  conferred  hy  an  act  entitled  "An 
act  to  proviiie  for  ii  general  system  of  railriad  incorpora- 
tions," ijtproved  Nt)V.  5lh,  184'.),  and  the  st-veraj  acts 
amendatory  to  said  act,  are  hereby  conferred  upon  said 
Pike  Coonty  Railroad  Company. 

§  i5.     Ti)  ftirtiier  Jiid  in  the   construction  of  sai<l   ro^dT..wn«   u.   lab- 
by  said  company,  the  towns  of  Flint,  Griggsville,  Salem,   i^r'*' •«««''. 
Hadley,  Bdrry  and  Kinderhook,  in  said  county,  are   each 
bere'jy    authorized    to   subscribe   to  the    capital    stock  of 
said    company  in    any  sum   not  exceeding  fifty    thousand 
dollars  each. 

§  4.  No  such  subscription  shall  he  made  until  the  Kioeti-mi  for 
question  has  been  submitted  to  ttje  legal  voters  of  the  B^icnpo^n *^f 
town  in  which  the  subscription  is  p^^p()sed  to  be  made,  "-•^''• 
and  the  clerk  of  each  of  said  towns  is  hereby  required, 
uj)on  the  presentation  to  him  ^^f  ;i  petition  sigtied  by  at 
least  ten  citizens,  who  are  leg  li  voters  and  tax  |  ayers  of 
the  town  for  which  he  is  cletk,  in  which  petition  tl.e 
amount  proposed  to  be  subscribed  shall  be  stated,  to  post 
uj)  notices  in  at  least  three  of  the  most  public  pla<ies  in 
said  town,  which  notices  shall  be  posted  not  less  than  ten 
days  before  the  day  of  holding  such  election,  notiiying 
tile  legal  voters  of  said  town  to  meet  at  the  usual  place 
of  voting,  or  some  other  convenient  place  in  said  town, 
for  the  purpose  of  voting  for  or  against  such  subsf  ription, 
but  no  such  vote  shall  be  taken  unless  at  a  regular  elec- 
tion for  town  or  county  officers. 

§  •>.     If  it  shall  appear  that  a  majority  oi  all  the  voters  R^.n^,  .,,  ^„^a^ 
have   voted  for  subscription,   it   sliail   be  the  duty   of  the   'J^'^"''''"' 
supervisor  of  each  of  said  towns  that  shall  vote  ior  such 
subscription   to   subscribe   to    the    capital    stock    of  said 
railroad    company,  in  the   name  of  the  town   lor  which  he 
is  supervisor,  the  amount  so  voted  to   be  sub-^ciibed,  a:.d 
to    receive    Irom    said    Cnmjjany    tiie    proper    certificates 
tiierefor;  he   sliall  also   execute   to  said    company,  in  tlie 
name  of  said  town,  bonds  bearing  interest  not    to  exceed 
ten  per  cent.  |  er  annum,  which  bonds  shall  run  for  a  term 
of  not   less  nor  more   than  twenty  years,  and   the  interest 
on  the  same   shall  be    made  payable   annually,  and    wliicli 
bonds  shall  be  attested  by  the  clerk  of  the  town  in  whose       » 
name  the  bonds   are    issued,   and    it  shall   be   his   duty   to 
make  a  record  of  the  issuing  of  such  bond.     Said  bonds 
shall   be   delivered   to  the  president  or  secretary  of  said 
railroad  company  for  the  use  of  said  company. 
—  62 


^.f^.^. 


$  t>.  It  yhall  be  ilie  «1ii'y  ot'  llir  cl^rk  of  racli  of  said  towns 
in  »»liii-li  «  \otr  is  ^iv«  14  tt)r  Milificrijit i(  II,  vidin  [i\,  dajs 
tlirrmflt-r,  to  trMnsinit  to  tlit*  count}  clfik  of  Pike  county 
•  trRnscri|it  or  >tat«  nu'ut  of  the  \ofe  givi  n  atxJ  tie  auiount 
votf<l  to  be  subscribed,  and  the  late  of  intertst  nan>td  in 
llif  bond*. 

^  7.  It  shall  be  the  iluty  of  the  rounly  clerk,  unnu- 
*  ♦.  .ta  u»T^«  all),  tfierealter,  to  coni|>iite  and  assess  n|u)n  all  tlie  tax- 
"^  •at-  jji^jp  jiri>perty  retuintd  I)}  the  assessor  of  ♦aeh  of  said 
towns  wliich  have  voted  to  subscribe,  ;i  sutlici«iit  sum  to 
p»)  thf  intertst  on  all  bonds  issui'd  by  ihe  res|)ective 
town",  which  tax  shall  be  ext»'iide<i  upon  the  collector's 
book'i,  H«  other  tax»'S  are,  and  sha!)  he  collected  in  tho 
same  nianner  that  oth*  r  taxe-J  are  collectecl,  ni.d  when 
collected  shall  be  paid  into  the  county  treasury  as  county 
tuxes  are  paid. 

^  S.  Ii  >liall  be  the  tliity  of  the  treasurer  of  said 
COuhiy  to  pay  out,  on  the  |)resentHtion  to  hiui  of  (he  l)onds 
is^iued  by  any  town  as  aforesai<),  the  ain.Mint  due  upon 
each  of  said  bonds  as  interest,  on',  of  any  money  in  his 
bands  for  that  purpose,  and  indorse  the  payment  U|>oil 
said  bonds  or  txke  such  voucher  as  iie  may  prescribe;  he 
shall  also  keep  an  account  with  each  town  of  all  money 
received  by  httu  and  pai<l  out  on  account  of  said  towns, 
wliieli  Hccount  shall  at  all  times  be  o|)en  t  )  the  iitspectiuii 
to  all  persons  wishing;  to  examine  the  jJame 

§  '.».  At  all  election  lor  officers  or  other  questions 
voted  upon  by  the  stockholders  of  said  company  the 
supervisors  of  the  town  or  towns  who  may  snbsciihe  to 
the  stock  of  said  company  shall  represent  and  cast  the 
%*t»te  wliich  said  stock  is  entitled  to. 

§  1<».  Uu!e«*  the  coiii|)nny  heiehy  incorporated  shall 
expend  fiity  thousand  dollars  in  and  about  the  cunstruc- 
tiun  of  tlirir  road  within  one  year  from  aiid  after  the 
passat{e  of  thii  act,  and  Fliall  c<implete  their  r(>ad  vithin 
(wo  and  a  half  }  ears  from  and  alter  the  pcssrigt:  uf  this 
act,  the  same  •ihall    be  null  and  void. 

§  11.  Tu'in  act  shall  he  di  eDicd  and  taken  as  a  publio 
act,  and  uliall  take  etr-ct  from  and  after  its  passage. 

Apraovfcn  Fib.  1  I,  lH.-,7. 


rnwMB 


Var>ft  I,  ut*«  AN  ACT  to  incorporate  ttie  town  of  Rath. 

SbcTIOM  1.  ///  i/  rtmrtril  hij  Ihr  jKojilc  of  Ihr  sltilr  of 
IHxnuin^  rrftrtsrnlrd  in  the  iifurrot  Jl^kivO I'l^  'i  hat  the 
iobabilaots    and    residents    of  the    town    of  liath,    in   tho 


G27  185T. 

county  of  Mason,  and  statp  of  Il]inni<>,  be  and  tlipy  arc 
hereby  con^'tituti'd  and  declnred  a  body  pulitio  an<l  cor- 
porate, by  the  name  and  style  of  "Tli»*  Town  o(  Barb;'* 
and  by  tbat  name  sball  have  |)Hrj)etuHl  succession,  and 
may  have  and  ire  a  common  seal,  wiiich  they  may  change 
ox  alter  at  i)leasnr»*. 

§  '1.  The  inliabitants  of  said  town,  by  the  name  and 
style  aforesaid,  sliall  liave  power  to  sue  and  be  surd,  to 
plead  and  be  impleaded,  to  di-lVnd  and  be  d»-(en(ii  d,  in 
all  co'irts  of  law  and  equity,  and  in  all  actions  wbafsoev- 
er;  to  purchase,  receive  and  hold  proj)erty,  real  and  per- 
sonal, in  said  town,  and  to  purchase,  receive  and  liold 
property,  both  real  ami  personal,  bej  otid  the  limits  of 
'Said  town,  for  buridi  ^lounds  and  other  public  purposes; 
to  sell,  lease  and  C(;nvfy  pro])crty,  b"tli  reai  and  p»  rsotial, 
for  the  use  of  said  towji,  and  to  protect  and  improve  any 
Buch  pro]»eity  as  the  public  good  may  require. 

§  8.  riio  boundaries  of  th*"  said  t'lwn  of  Bath  shall  Bouiid»rio«. 
be  as  follows:  The  southwest  quarter  of  section  eight, 
the  northwest  (ju.irter  of  section  seventeen,  and  the 
northeast  (|uarter  of  section  eigliteen,  all  in  toA-nsliip 
twenty  north,  range  nine  west  of  the  tliir<l  principal 
meritlian,  including  the  original  town  of  Bath  and  the 
addi'ions  thereto,  and  all  additions  that  may  be  hereafter 
made  to  said  town. 

§   4.     The  government  of  said  town  shall  !)e  vested  in  Oovcrnnjcnt    »t 
a   town    council,   which   shall    consist   of  a  president;  and    '"*'"' 
four  trustees,    to    be    chosen   annually,    by    the    qualified 
"oters  of  said   town,   and  who  shall  hold   their  orfices  for 
one    year,    and    until    their    successors  are   elected  and 
qualified. 

^  5.  No  person  shall  be  a  member  of  the  town  council  wember*  of  uo 
unless  he  shall  be  at  the  time  of,  and  shall  have  been  for 
six  months  next  precediiig  his  election,  a  re.-^idciit  ot  the 
town,  and  sliall  be,  at  the  time  of  his  elecion,  twenty- 
one  year^  of  ag*,  a  citiz-n  of  the  United  States,  and  a 
bond  fide  freeholder  within  the  limits  of  the  corpora- 
tion. 

^  6.  If  any  member  of  the  town  council  shall,  during 
the  term  of  his  office,  remove  from  the  limits  of  iho 
corporation,  his  otfice  shall  tiicrehy  become  vacant. 

^  7.  The  town  council  shall  appoint  their  own  presi- 
dent, and  shall  ju<lge  of  the  qualifications  and  returns  of 
its  own  members,  and  shall  determine  all  contested 
elections  ia  such  manner  as  may  be  prescribed  by  ordi- 
nance. 

§  8.     A  majority  of  the  town  council  shall  constitute  a  Bnnnnw  mMt- 
quorum  to  do  business,  but  a  sm  iller  number  ma}*  adjourn   •^/unai*. 
from   day  to  day,  and  compel  the  attendance  oi  absent 


i:j: 


ala.a. 


C23 

rorinbors  un.lrr  such  fines  «im1  penalties  as  may  bo  pre- 
"nb^iJ  l.v  or.lina,uT;  a.ul  sl.all  l..vc  poutr  to  clrUrmme 
the  rul.'^'of  their  own  proctudini;s  p.mish  a  nu-inl).  r  lor 
d,5.irilfrly  conduct,  and,  with  the  concuirtjuce  ot  two- 
thirds,  fxprl  a  numh.  r.  .  ,  „  ,  .  i  r  •,„ 
!j  0  The  town  counril  shall  keep  n  journal  of  its 
proceedings,  and  shall  have  power  to  hll  all  vacancies 
Uich  may  occur  therein   by  death,  resignation  or  other- 

^T*H)  Each  member  of  the  town  council,  before 
"•  entering  upon  the  duties,  of  his  office,  shall  take  and 
suhscnt.e  an  oalh,  before  any  person  authorized  by  law 
to  administer  oaths,  that  he  w.ll,u,po.t  «'-  ^^f/^''^'^. 
of  the  railed  States,  and  of  this  state,  :ind  that  he  will, 
truly  perform  the  duties  of  his  office  to  the  best  of  his 
knowledge  and  ability;  and  such  council  shall  meet  at 
such    tinfes    and    places    as    may    be    prescribed    by   ordi- 

"7'u  Whenever  a  tie  shall  occur  in  the  election  of 
members  of  the  town  council,  the  judges  of  the  eh-ction 
shall  certify  the  same  to  the  police  mi.gistiate  ot  tlie 
town,  wi.o  shall  determine  the  same  by  lot,  m  such  man- 
ner as  m;»y  be  prescribed  by  ordinance. 

6  1>.  O.i  the  fust  Monday  i"  April  next,  an  election 
,hall  he  held  in  said  town  ol  Hath,  tor  the  election  nt  the 
five  mrmhers  of  the  town  council  of  said  town;  and  for- 
ever after,  on  the  fir^t  Monday  in  Apiil  oi  each  >tar,  an 
eleciiou  fhall  be  held  for  said  officers.  ,, 

^  13.  On  the  first  Monday  in  April  next,  there  siaH 
also  be  elected  at  the  same  time  and  place,  one  police 
mauislrate  of  the  town  of  Hath,  who  ..hall  hold  his  office 
for  four  >ear8,  and  xvhose  jnti^didion,  p..weis, .  duties, 
function*  and  emoluments,  shall  be  the  same  as  is  provi.lei 
(or  in  "An  act  lor  the  belter  Kovernm^-nt  ot  towns  and 
ritie*,«nd  to  amend  the  charters  thereof,"  approved  I'ob. 

A  11  Ten  days'  notice  of  the  first  election  under 
thi.  act  shall  b..  Kiven  by  Jhs.  M.  UugKh'S,  r>.uy  11. 
Gotton  and  IJeninmin  Heesly,  or  by  three  other  .|ual.fie(! 
vot-rs  of  the  town,  who  shall  al>o  prescribe  the  manner 
in  which  eleetiouH  shall  he  conduced.  ,     .  ,   , 

•  \;  All  i.ertbn'?  who  are  entitled  to  vote  lor  stato 
officer.*  by  the  laws  of  ihi.  state,  and  who  .^hall  have  been 
.ctu-l  reHident.s  of  .^aid  town  thirty  da>s  next  preceding 
any  eleriion  held  under  the  provisions  of  th  s  act,  shall 
be  entitled  to  vote  at  any  such  election.  . 

&  1.;.  The  town  council  shall  have  power  and  authori- 
tT  lo  levy,  a-i.eHH  and  collect  a  tux  or  taxes  np""  »»» 
property,  real,  personal  or   mixed,    within  the  limits  of 


G29  1857. 

tlie  cirpnraflon,  wliicli  is  now  or  may  licreafter  be 
subjf'Ct  to  taxation  lor  state  or  C(»iinfy  purposes,  not 
exceetling  one  per  centum  per  annum  upon  the  a«^sessed 
value  thereof,  and  may  assess  and  enforce  the  colleclion 
of  the  same  by  ordinance,  or  saitj  town  council  may 
proceed  to  collect  the  Same  under  arul  in  accordance 
with  the  provisions  of  "An  act  to  ammd  the  chartns  of 
the  several  towns  and  cities  in  this  state,"  approved 
March  1,  lSr)4. 

^17.  The  town  council  shall  have  ]>ower  to  appoint  Town  offleera 
B  cleiL',  treasurer,  assessor,  town  constable  and  street  t'LTcu'uiicu.  ' 
commissioner,  and  all  such  other  officers  as  may  be 
Judged  necessary  lor  carrjirig  into  effect  the  power  con- 
ferred upon  said  corporation  by  this  act,  and  to  require 
them  to  give  such  bonds,  with  such  security,  and  take 
such  oath  as  may  be  deemed  necessary  to  insure  tlie 
taithfiil  performance  of  their  respective  duties,  before 
entering  upon  the  discharge  of  the  same,  and  who  shall 
possess  the  same  qualifications  as  is  required  for  a  ra^'in- 
ber  of  the  town  council. 

§  18.  Also,  to  appropriate  money  and  provide  for  the 
payment  of  the  debts  and  expenses  of  the  town. 

§  lit.  To  m^ke  regulations  to  secure  the  general 
health  of  the  iidiabitants  of  the  town;  to  declare  what 
shall  be  considered  a  nuisance,  and  to  prevent  and  remove 
or  abolish  the  same. 

§   20.     To  open,   abolish,  alter,  widen,   extend,  estab-  imprnvcment  •( 
lish,  grade,  pave,  plank,  or  otherwise  improve   and  keep 
in    repair  streets,    alleys    and    lanes    in    said    town,    and 
erect,   maintain   and   keep  iu  repair  bridges,   drains  and 
sewers. 

§  HI.  To  provide  the  town  with  water;  to  sink  und 
keej)  in  repair  wells  and  puinj)S  iu  the  streets,  or  j)ublic 
grounds,  for  the  convenience  of  the  inhabitants,  and  to 
erect  lamps  in  the  streets  and  liglit  th»*  same. 

6   '21.     To  provide  for  the  erection  of  all  needful  public  'Jfifai  powers 

1      .1  1.  ^      '     ,  ^     ,         ,  ,  .    1  !•    1  1      X        vctcil  lu  lowa 

buildingij,  for  tlie  use  of  the  town;  to  establish  markets   cuunai. 
and   market   ])laces,  and  for  the  government  and  regula- 
tion thereof;   dtid  to  provide  for  the  inclosing,  la}ir)g  off, 
and    improving,  all   public   grounds,    squares    and    burial 
grounds  belonging   to  said  town. 

§  "Jo.  To  provide  for  the  protection  and  imj)rovement 
of  all  public  buildings  owned  by  said  town,  and  for  the 
prevcHtiou  and  extinguishment  of  fires  and  to  organize 
and  establish  fire  companies. 

§  J  I.  To  regulate  partition  fences  and  provide  for 
the  inspection  and  weighing  of  hay  and  stonecoal,  and 
V'.e  measurement  of  corn  in  t  le  car,  of  wood  and  fuel  to 
be  used  in  said  town. 


1^7.  .  C30 

§  »").  To  provide  for  takintr  the  rnnm»'ratIon  of  the 
inli4()iti<iits  of  sHiil  ti>\vii;  to  rrmilaif  tin-  fixing  of  oliim- 
ne}  s,  flufs,  >lovrj>i|>rs,  mid  to  rt-milutf  tlio  .v'orHgr  of 
tsTf  {Mtcii,  rosin,  giiti|)ow(lt'r  and  otlu-r  combustible  inatc- 

§  -6.  To  lioen«e,  regula'e  and  tax  auctioneers,  mer- 
ch'int'i,  retailers,  grocers,  tavern*,  eatiiip  houses,  ped- 
dlers, broker.*  hihI  money  cliHiitjt'rs,  but  simll  have  no 
P'>Wfr  to  lieenso  the  sale  of  intoxi<*ii(inL![  ririnks,  contrary 
to  or  inconsistent  with  any  law  of  this  state. 

^  UT.  To  regulate  or  proliibit  the  sale  ot  intoxicating;, 
ma't  and  fermented  li(juors;  to  restrain,  |)roliihit  and 
su|i|tress  ti|i[)lii'g  houses,  ilram  shops,  ^mning  hoiises, 
bdwJy  liou»>*s  and  (»ther  (ii-iorcirrly  housi-s  wilhin  said 
town,  or  within  two  nules  of  the  liniit-s  iheieof. 

}  lis  To  license,  tax  and  regulate  theatrical  and  other 
(xbibitions,  shows  or  amusement;  to  provide  for  the  trial 
and  punishment  of  persons  who  may  be  engaged  in 
assaults  and  batteries  and  aflVa)S  within  the  corporate 
limits  of  said  tt)wn. 

§  J'J.  To  regulate  the  election  of  town  ofRcers,  define 
their  duties  and  \  roride  for  the  removal  of  any  person 
holding  an  office  created  by  ordinance. 

§  3').  To  fix  the  fees  and  compensation  of  town 
officers,  jurors,  witnesses  and  others,  for  services  rend- 
ered under  the  provisi  wis  of  this  act. 

.^  ol.  To  prevent  the  inctimbering  of  the  streets, 
squares,  lanes  and  allejs  of  saul  town;  to  protect 
shade  trees,  to  compel  persons  to  fasten  horses,  mules 
Mioi  other  animals  attached  to  vehicles,  while  standing 
upon  any  stre»t,  -ill*),  lane  or  unincIos«'d  lot  in  said  town; 
to  prevent  the  running  at  large  of  Imrses,  cattle,  sheep, 
hogs  and  other  animals,  and  to  provide  for  impounding 
and  di-itruining  the  same,  and  to  provide  for  the  sale  oi 
the  same,  lor  any  penalty  incurred,  and  to  impose 
penaltiej  upon  the  owner  or  owimT'J  of  any  such 
aniinali  fur  the  violation  of  any  ordinance  in  relation 
thereto. 

j5  32.  To  prevent  the  r. inning  at  large  of  dogs,  and  to 
provide  for  the  destruction  of  the  same,  when  at  large, 
contrary  to  the  provisions  of  ordinance  in  such  cases 
made. 

^  3-.  To  prt.vent  the  firing  of  squi  )8,  rockets,  guns, 
piitoh  or  oth»r  fireworks  or  combustibles,  wilhin  t!io 
limi'o  of  SHid  town. 

§  '•'>i.  To  remove  or  catise  to  be  removed,  ohstruc- 
lion*  to  the  navigation  of  the  Illinois  river,  opposite  the 
eiitirf!  Irngth  ol  (>rand  Island,  on  the  Bath  side  of  said 
iitand,  nnd  tf>  rt-move  or  cause  t«»  he  r»  iiiuved  tin-  timber 
from  oir  the  batiks  uf  the  name  lor  the  apace  of  lour  rodi 


631  1857. 

in  widtli  on  pacli  or  either  sirle  thereof,  alonp;  the  entire 
length  of  said  island;  and  to  make  and  r^'iiiiir  doiks  and 
wliarfs,  improve  the  landing,  and  to  remove  obstrnctiuns 
Uierefroin,  within  the  coijiorate  limits  of  ihe  t'  wn. 

§  35.  To  provide  for  the  pnnisliment  of  persons  who 
may  at  any  time  distract  or  distnrh  the  peace  of  the 
inhabitants  of  said  town,  or  tie  deliljerations  or  proceed- 
ings of  any  pnldic  meeting  of  said  inhabitants,  or  of  the 
town  council,  when  in  session. 

§  36.  To  regulate  the  police  of  the  town,  to  impose 
fines,  penalties  and  fortVitnres,  for  the  breach  ot  any 
orilinaiife,  and  to  provide  ior  the  recovery  and  apprctpria- 
tion  of  fuch  fines  aiid  forfeitures  and  the  entorct- iiuMit  of 
such  penalties:  Pnividvd^  that  in  all  cases  the  right  of 
trial  by  jinry  shall  be  allowed  to  any  person  or  persons 
charged  with  a  breach  of  any  of  the  provisions  of  this 
act  or  any  ordinance  mad'e  in  pursuance  thereof. 

§  37.      Ihe    town   council   shall    have   power  to   make  ordinance    <»• 
a^id  enforce  all  ordinances  wliich   may  be  necessary   and    ''"^'■"^' 
proper  fur  carrying  int  »  ertVct  all  of  the  ()owers  specified 
in  this  act,  or  us  tlie  good  of  the  inhabitants  of  said  town 
may  require. 

^  38.  The  style  of  the  enacting  clause  of  the  ordinan- 
ces ot  the  town  shall  he:  *'//»•  il  urdaintd  by  the  tuivn 
cnuncil  iij  the  tuwn  of  Bath.^'*  and  all  ordinances  shall, 
witliin  one  month  after  they  are  passed,  be  published  in 
some  newspajier  printed  in  said  county  of  Mason  (^r  mad< 
known  by  posting  copi  s  of  the  same  in  four  public  places  • 

in  said  town,  and  the  certificate  of  the  publibhers  of  such 
newsj)aper,  or  of  the  clerk  of  the  town,  under  the  seal  of 
the  corporation,  shall  be  firinut  fdcic  evidence  of  such 
ordinance,  and  of  its  publication,  and  no  ordinance  shall 
take  etfc'ct  until  published  or  made  known  as  afore- 
said. 

§  30.  All  ordinances  may  be  proven  by  the  seal  ot 
the  corporation,  and  when  j)ublished  or  printed  in  book 
or  pamphle^  form,  and  purporting  to  be  printed  or  jiub- 
lished  by  authority  of  the  town  of  Bath,  the  same  shall  be 
received  as  evidence  in  all  courts  of  law  or  equity,  and 
in  all  places,  without  furtlier  proof. 

\  40.     The   president  shall  preside  at  all   meetings  of  p^^i^ent         r 
the  council,  when   present,  and  in   case  of  his  absence   at    '•'"  ««^'»'^>i- 
any   meeting,  the   council  shall   aj)point  one  of  their  num- 
ber   chairman,  who  shall  preside   at   that  meeting.      The 
president,   or  any  two   members  of  the  council,   may  call 
special  meetings  of  the  same. 

§  41.  The  president  shnll  be  active  and  vigilant  in 
enforcing  the  laws  and  ordinances  for  the  governrwent  of 
the  town  ;  he  s!iall  inspect  the  conduct  of  all  subordi- 
nate otiicers,  and  cause  negligence  and  willful  violation  of 


1?57. 


632 


^•a    •i>ett«t>. 


tiiU«l 


Um    la. 


dutj-  to  be  pjinislirJ  ;  lie  sliall  liavo  power  antl  authority 
to  call  ^)n  all  male  iiiliabiiants  of  said  towi),  over  tlie  age 
ol  eighteen  jear?,  to  aid  in  eiiCorcing  tin-  law  and  oidinan- 
ce5,  Mini  in  case  ot  a  ri(<t  to  call  out  \\\v  militia  to  aid  in 
snppr^'ssing  the  sanie,  or  in  canning  into  illVci  any  law  or 
ordinance;  and  any  and  cvrry  ])ejs(tn  who  shall  tail  or  re- 
fuse to  obey  such  call,  shall  lorltit  and  pay  to  said  town 
the  snin  of  ten  didlars. 

§   4'J.      He  shall  have  power,  whenevrr  he  may  derm  it 
necessary,  to  mjiiire  of  an)  officer  ofsaid  ti'wn  an  exliil)it  of 
his  bin'kji  and  paper-.-,  and  shall  have  power  to  do  all  other 
act«  rrcjiiired  of  him  by  any  ordinance  made  in  pursuance 
of  the  term'?  of  this  act. 

§  -io.  The  town  constable  appointed  under  the  pro- 
vi>ion?  of  this  act,  shall  have  power  and  authority  to  exe- 
cute all  process  i«:snrd  for  the  breach  of  any  ordinance  of 
said  town,  and  f<>r  that  purpose  his  powers  and  authority 
shall  extend  over  the  county  of  M.ison,  and  shall  have  the 
same  power,  jurisdiction  and  authority  within  the  limits  of 
said  county  as  other  constabh  s  in  all  cases  under  the 
laws  of  this  state,  and  shall  yive  bond  and  qualify  as  the 
said  board  shnll,  by   ordinance,  prescribe. 

^  4t.  The  said  constable  shall  be  autliorized  to  arrest 
•II  persons,  on  view,  without  warrant,  who  sliall  violate 
anr  of  the  provisions  of  this  act,  or  of  anv  of  the  ordi- 
nances of  said  town  made  in  ptrrs\iance  thereof,  and  take 
him,  her  or  them  before  the  police  magistrate  of  the 
town,  to  be  tried  and  ]»unished  as  may  bH  prescribed  by 
Of'inHnce. 

y  i').  In  ca<Je  of  tlie  absence,  or  inability,  or  refural  to 
•ct,  of  said  police  miigi<:trBte,  or  of  said  constable,  any 
jiHtice  of  the  peace  having  an  office  in  said  town,  or  any 
constable  of  said    county  of  Masor),  sliall  have  power  ana 

•  uthurity  to  hear  and  determine  all  ca'-'es  which  n»ay  aiiso 
under  the  ordinancfs  of  saiti  town,  or  to  execute  all  pio- 
c«  ""'^  ami  writs  which  may  be  issued,  in  the  same  manner, 
■  nd  with  like  effect  as  the  magistrate  and  constable  of  said 
town  herein  provided  for. 

$  46.  In  all  cases  arising  under  the  ordinances  of  said 
town,  changi'S  c>f  venue  an«l  appeals  shall  be  allowed  as  in 
other  ras»'<i  before  justices  (if  tlu-  |)eace;  and  the  said  (cor- 
poration shall  he  allowed  to  a[)peal  in  any  case  in  which 
they  are  parties,  by  causing  their  secretary  or  clerk  to  ex« 

•  6iit«  a  bond  in  the  name  of  the  incorporation,  in  the  form 
»0W  or  which  may  henaffir  be  furnished  by  law  in  other 
eaten,  without  other  security,  an  i  im  oiOer  enu-K d  upon 
th«  records  f>f  said  corpura'ion  flin-ciin^  «aid  appeal, 
shall  be  Riiffi  ient  evidence  of  the  authority  of  kuch  securi* 
ty  to  lign  said  bund. 


633  185T. 

§  47.  In  all  cases  of  failure  to  elect  a  polic^p  mapis- 
tratf,  as  pro\i(le(l  f'oi  in  tliis  ant,  or  iti  case  of  dt-atli,  re- 
moval, or  r«  simiatioii  of  said  luagistiatf,  the  town  council 
siiall  order  a  speiial  election  to  fill  sncli  vacancy,  under 
Sucti  regiilationv  as  lli»  }'  u»ay  by  ordinance    provide. 

5  48.  Wlieniver  it  shall  he  necessarv  to  take  private  nammrp*  f->  be 
property  for  o|)ening  or  aitt  ring  any  public  street  or  iilley  lunruYcBieuu. 
in  s.iid  town  the  corporation  shall  make  just  compensa- 
tion to  the  owner  or  owners  of  said  property,  and  pay  or 
tender  the  same  before  opening  or  altering  such  street  or 
alle\;  and  in  c^se  the  amount  of  ^ucll  compensat  on  can- 
nflt  be  agreed  upon,  the  same  shall  be  ascertained  by  six 
disinterested  fieeholders of  llie  said  town,  wlioshall  be  sum- 
moned by  the  police  magistrate  of  said  town  fur  that  pur- 
pose. 

5  40.     The  said   jurors  so  cmpanneled  to  ascertain  the  AfccMmpni    .f 

,     i  J  111  I        il'iuagen  by  J*- 

damnges  which  shall  be  sustained  by  the  opening  or  al-  ly. 
tering  of  any  street  or  alley,  bj  any  person  or  persons  so 
owning  property^  shall  first  be  sworn  to  that  «  fleet  by  said 
magistrate,  and  shall  return  to  him  their  iiiqnest,  in  wri- 
ting, signed  by  each  of  said  jurors,  and  by  him  lai<l  belore 
the  town  council  at  their  first  meeting  therealter,  and 
either  party  may  appeal  therefrom  to  the  circuit  court  of 
Mason  couniy,  in  siicii  manner  and  on  such  terms  as  may 
be  prescribed  by  ordinance. 

^  '>!>.  In  the  assessment  of  such  damages  the  jury  shall 
take  into  considenitinn  the  bent  fits  as  well  as  the  iijury 
liap|)eTiing  to  the  owner  or  owners  of  property  proposed 
to  be  taken  for  opening  or  altering  a  street  or  alley,  by 
such  opening  or  alteration. 

§   51.      The  town  coiiiK-il  shall  have  power  to  levy  and  spemitax. 
collect  a  special  tax  on  the  owners  ol  the  lots  on  any  street, 
or  part  of  a  street,  according  to  their    respective  fionts, 
lor  the  purpose  of  grading,  |)aving,  planking  or  otherwise, 
the  sidewalks  on  said  street  or  part  of  street. 

§  r>l.  The  lot  in  front  of  which  any  sidewalk  is  made, 
shall  be  taxed  to  pay,  at  least  one-half  the  expenses  of 
making  such  sidewalk,  in  addition  to  the  regular  tax, 
which  shall  be  assessed  and  collected  in  tiie  same  manner 
as  ottier  tax-*!. 

§  .">■].  The  inhabitants  of  the  town  of  Bath  are  hereby 
e-xeiiipted  from  working  on  any  road  be)ond  the  limits  of 
said  corporation  and  the  pajmentof  any  road  tax  levied 
by  authority  of  the  count)  court  or  other  authority,  and 
the  entire  juri<d!cti<)n  and  control  of  the  roads,  higliways 
and  bridges  in  said  town  shall  be  held  and  e.xtrcised  by 
the  town  council  by  this  act  provided  for. 

§  ;'>4.  The  town  council,  for  the  purpose  of  keeping  Ror»irt  «»f 
tlie  streets,  allejs,  lanes,  avenues,  and  highwajs  in  said  J^J^^  *** 
town  in  repair,  are  authorized  and  tmpoweied  to  require 


I  to  railr«M(l 


1S57.  GU 

erery  able  bodit-d  male  iiibabitftnt  of  faid  town,  over  twen- 
tv-(iue  year<  ol  ai»<»  am]  nmit- r  filty,  ti»  labor  i>ii  said  streets, 
alleys,  lanes,  avenues,  liiiiliwajs,  and  wharves,  any  num- 
ber of  day*",  not  exceeding  three  days  in  each  year,  and 
any  person  failing  to  perforin  such  labor,  when  duly  noti- 
fied by  the  street  co  ninissioner  or  other  authorized  offi- 
cer of  sa'd  town,  shall  toil«'it  and  pay  the  suu»  of  one  dol- 
lar to  said  to»vn  for  each  and  every  day  so  neglected  and 
refused. 

§  55.  The  town  council  shall  have  power  to  provide 
for  the  punishment  of  offenders  against  any  ordinance  of 
said  town,  by  imprisonment  in  the  county  jail,  not  exceed- 
in<j  thirty  d.«}s  f  )r  any  one  otTence,  in  all  cases  where  such 
offfiiders  shall  tail  or  refuse  to  p;iy  the  fine  and  fuifeitures 
which  may  be  rec«)rd  ed  against  them. 
PHM«(vnt.  ^    -,(3       ,^11  suits  for  fines   and   penalties  in  and  for  the 

violation  of  any  ordinance  shall  be  in  the  name  of  '*The 
Town  of  Bath,"  and  the  town  council  sh<*ll  have  power  to 
regulate  by  ordinance  the  form  and  nature  ot  the  first  and 
any  subsequent  process,  and  the  mode  of  exercising  tlie 
sutrt   »Tjb«rTip-  same. 

§  o7.  The  corporation  hereby  created  shall  not  be  re- 
quired in  any  suit  brought  for  a  violation  of  any  ordinance 
of  said  ttiwn  to  file  before  the  commencement  of  any  such 
suit,  or  uuring  the  pendency  thereof',  any  security  for  cost9. 

§  ."jS.  The  town  council  shall  have  power  to  take  stock 
in  any  railroad  company  now  organize*!  or  hereafter  to  be 
organized,  or  in  any  other  company  that  is  or  may  be 
hereafter  organized,  to  any  amount,  not  exceeding  twenty- 
five  thousand  dollars  in  any  one  conijiaiiy,  after  having 
submitted  the  (juestion  to  the  b  gal  vott-rs  ol  the  town,  and 
by  rompl\  ing,  m  manner  and  l<prni,  with  the  provisions  and 
requirements  ui  *^\n  act  supplemental  to  an  act  entitled 
•an  a^t  to  provide  for  a  ceneral  system  of  railroad  incor- 
por.jtions,' "  approved  November  (>,  1849,  and  all  duties 
enjoined  upon  and  all  autlif)rity  given  to  the  city  councils 
by  said  act,  shall  be  and  is  hereby  extended  to  the  town 
council  <d    Rdth. 

^  5'J.  Any  failure  to  elect  officers  on  the  days  fixed  by 
(his  act  shall  not  invalidate  or  weik  a  forfeiture  of  the  elec- 
tive portion  of  the  town,  but  the  town  council  may  pro- 
ceed in  such  case  for  the  holding  of  such  election  at  some 
oilier  time. 

^  O'j.  This  art  is  liereby  declared  a  public  act,  and 
may  be  read  in  evidence  in  all  courts  of  law  and  equi- 
ty in  Ibis  state,  without  further  proof. 

/  01.  Tliii  act  flhiill  be  in  force  and  take  effect  from 
atid  alier  the  first  day  of  March  next. 

Al'PHoVKD   Feb.  li,  lb07. 


635  1857. 

AN  ACT  amendatory  to   an  art  incornnratinj  the    Hamilton  Mill  Com-  Feb.  14,  1857. 
j)aiiy,  ap|)roved  Feb.  3,  1853. 

Section  1.  Be  it  evncted  hy  the  people  oj  the  state  nj 
IlfumiHf  repreacnted  i}\  tlie  Gerierut  JJssi  i/i/i/t/,  Tlial  Hugh 
W.  SHm|)Ie,  John  iMi'Ciine  and  Bryant  Bdrilnfte,  succes- 
sors and  assigns  of  Hamilton,  Birtlette,  Du-kerson,  »iiri 
Others,  constituting  "The  Hamilton  Mill  Uoinpan),"  aid 
who  own  and  rtin  the  ferry  bet^/een  Keokuk,  Iowa,  and 
the  Illinois  shore,  in  the  county  of  Iljticock,  in  the  state 
of  Illinois,  be  and  they  are  hereby,  together  with  all  others 
With  whom  they  become  associated,  are  hereby  recognized 
and  incorporated  into  a  body  rorpoiate,  under  the  i  amc 
and  stjie  of ''The  Keokuk  and  Hamilton  Ferry  and  Man-  style  of  •orpo?»- 
iif;icturing  Company,"  or  by  such  other  name  and  style  as 
they  may  hereafter  adopt;  .md  by  such  name  and  sty  le  shall 
have  perpetual  succession;  be  C8])able  of  contractiiig  and 
beingcontracted  with,  sriing  and  being  sued,  pleading,  at»- 
sweri"gand  being  impK  aded  and  answered; of  ac(j wiring,  by 
purchase  or  otherwise,  and  be  authorized  to  hold,  lease, 
release,  bargain,  sell,  mortgiige  and  convey  all  real,  per- 
sonal and  mixed  estate,  property  or  privilege  necessary 
and  j)ertaining  to  the  succ»-ssful  and  useful  prosecutioa 
and  management  of  the  business  and  proper  interest 
and  objects  of  the  company;  may  have  and  use  a  common 
seal,  which  may  be  altered  at  pleasure;  and  make  all  surli 
needful,  and  proper  rules  regulations  and  by-laws,  for  the 
government  of  the  company  ,  as  may  by  thf  m  be  deemeil  ex- 
pedient and  necessary;  which  may  be  altered  and  amended; 
may  provide  for  the  election  of  tl;e  directors  and  officers 
of  the  company,  and  for  the  appointment  and  employment 
of  all  other  ageiits  and  em[)loyees  of  the  company,  as  they 
may  find  necessary  in  the  prosecution  of  the  affairs  and 
objects  of  the  company. 

§  2.  The  capital  stock  of  said  company  shall  be  one  capiiautocs. 
hundred  and  fifty  thousand  dollars;  which  stock  shall  be 
divided  and  represented  in  shares  of  one  thousand  dollars  sb»res. 
each,  or  such  other  sums  or  shares  as  the  company  may 
liereafter  determine  and  adopt;  which  st(  ck  or  shares  shall 
be  considered,  held  and  transferred  as  personal  propeity, 
su!)ject  to  such  restrictions  and  rules  for  tranfer  as  may, 
from  time  to  time  be  a<lopted  and  imposed  by  the  direct- 
ors or  stockholders  in  said  company. 

,^'  •<.  The  busir'ess  and  management  of  the  company  nn^rdof  dir»«t. 
shall  be  under  ttie  general  control  and  direction  of  a  board  '""• 
of  three  directors;  which  board  may  be  hereafter  increas- 
ed as  may  be  determined  by  the  compai.};  and  shall  be 
elected  annually,  on  the  first  Monday  of  January  in  each 
vear,  by  a  .majority  of  ilie  stockholders,  all  of  whom 
shall  be  entitled  to  cast  one  vote  in  person  or  by  w/it- 
ten  proxy,  for  each  share  by  them  owned,   u[)on   which 


1857.  C36 

there  arf  no  nnpaicl  iiijftallments  tl)on  dup;  but  sliould, 
from  nejjlert  or  otlit-r  cause,  there  be  no  elerfion  of  di- 
rector* held  on  the  day  above  provided,  then  it  shall  be 
competent  for  the  president,  directors,  or  one-fourth  tl»o 
St  >i*kholders  to  give  twenty  d;«ys'  public  n(»tice  for  said 
cleotii»n  to  be  held;  and  a  uinjority  of  all  the  Vdtes  cast  ftt 

•  11  eleclii>ns  shall  be  surticient  to  elect;  the  boaid  of  tlirec- 
tor^  continue  to  hold  their  offices  and  HCt  as  <:ui>li  until 
their  successors  are  duly  eleited  and  (|Uiilifird;  and  each 
bo;ir<1  of  directors  shall  select  or  elect,  fi  otn  tlo  ir  number,  a 

r<^»«i4«Bt        «/  presidi  lit,  who  shall    he,  t\v  cjjlcio^   otHcer  and  representa- 
tive of  the  company  in  all  contracts,  bDods,  inc  rt^n^.'s  and 
conveyanceB  of  the  company:    Prori(/i  t/,  /lou'inr,  that  tho 
bo;»r<l  may  authorize  and  delef:;ate  that  authority  specially 
to  any  otlier  suitable  person  for  any  specific  purpose. 
» «*u in-i  pr>».       J    •*•      The  said    conipany   shall    have    and    enjoy  all    the 
!:•«•« !,» former  riehts,  powers  and    prix  ileifcs    heretofore    irranted    to  the 
t*  Iiiinilton  Mi!l  Company,    by    the    act   afori-said,   to  which 

this  is  an  amendment,  as  well  as  entitled  to  the  full  ben«  fit 
of  all  the  laws  of  this  st^te  for  the  encouragement  of  niauu- 
ficturiniir  and  mechanic.il  purj)oses;  and  may  take  all  the 
nece^isary  steps  and  action,  by  them  deeuied  expedient  in 
the   construction    of    roads,    streets,    bridges    across   the 

•  loui»hs,  dike's,  landings,  wharves,  levees,  and  otluiwise 
improve  their  islands,  land,  landings,  now  owned  or  that 
may  be  hereafter  acquired  or  purchased  by  them,  in  sec- 
tions No.  thirty,  thirty-one  and  nineteen,  town>hip  five 
north,  of  ran<»e  eight  west;  all  of  which  iniproveujentS 
and  aeq'usitions  t!iey  shall  enj  )y,  control  and  approj)ri.»te, 
a«  they  may  fin<l  proper  and  expedii-nt,  for  the  future 
inau^g'-ment  and  best  interests  of  the  company.  The 
taid  company  mny  also,  as  they  may  Itoin  time  to  time  de- 
termine, subtii^'ide,  laj  out,  and  improve  their  lands,  ap- 
propriate and  dispose  of  the  sami;  or  any  portion  or  por- 
li'jiis  thereof,  a*  they  may  find  most  conducive  to  the  in- 
terest and  the   ohjrc's   of  the  com|>any. 

Uu^:  u  •nil*  ^  ').  The  Raid  company  shall  have  power  to  unite  their 
*'**•**** *'^'  improvements  at  d  objects  with  any  other  conijiany  or  par- 
t^,  anr]  kImII  be  competent  to  tnke  stock  in  afiy  other  com- 
pany, or  diipnse  of  their  stoek  to  ar)y  other  (Mimpany,  or 
consolidate  tlie  kame,  in  part  or  the  who'e,  with  any  other 
Company  that  n  now  r»r  that  may  herealterbe  created  and 
nuthon/.Kd  by  the  laws  of  this  state;  and  they  shall  be  au- 
thorized and  are  hereby  empowered,  from  time  to  time,  to 
create  a  cj- b',  borrow  intjney  or  otherwise  incur  the  lia- 
bilitirt  of  the  company,  to  such  an  exlirit,  in  mh-Ii  sums,  as 
tli»'y  finy  find  aijvis^fil,;  in  the  construction,  impr«>v»tnent, 
app!ic«fr)n  «n»l  operation  o|  their  ferry,  (Jams,  d)  kis,  briats 
•ltd  m4nii''4Cturiiig;  and  for  such  purpose,  and  for  such  debts 
or  luuii  borrowed,  they  may   ii-fue   the  bo'ids  or  other  ob- 


037  1857. 

llg5jt*ons  of  the  com]>any,  and  <]i.«|)ose  of  tlip  same  in  sums  B..n.)«  to  b«  >•• 
of  not  U'ss  than  fi\i!  hiintln-d  dnllais  eaili,  to  ilit-  jiinoniit 
of  such  debts  or  h>ans,  created  or  to  be  cri-ated;  lur  the 
payment  and  security  of  which  they  are  hereby  autht)rized 
to  execute  ii  mortgage,  or  convej,  by  deed  of  trust,  sjje- 
cially  or  p;«-nerally,  an)  j.orlion  or  all  of  their  corporate  pi  op- 
erty,  stoi  k,  pii\il»ges,  franchise  and  elfects;  wliiih  bonds 
or  obligatiun-^  may  be  made  payable  in  or  out  of  this  state, 
with  interest  thereon,  at  such  rate  of  interest,  not  exceed- 
ing ten  percent.,  pu\able  at  such  times  and  places  as  may 
hereatter  be  determined  by  said  company;  and  all  sales  of 
said  bonds  or  obligations  shall  he  valid  and  binding  when 
sold  at  less  than  par  value  or  face,  as  though  they  h;id 
been  sol«'  tor  par  (»r  the  full  a.nount  llioreof. 

v^  G.      The  said  Hugh    W.  Samp'e,    John  McCune  and  Namcioidireci- 
Bryant  Bartlette,  shail   constitute  and  act  as  the  board  ot 
directors  of  said  company  (or  the  ensuing  year,  and  until 
their  successors  are  duly  elected  and  (jualilied. 

v^  7.  This  act  shall  be  taken  and  considered  a  public 
act,  Irom  <4ud  after  its  passage,  and  shall  be  in  all  cases 
construed  liberall)  and  beneficially  for  all  purposes  here- 
in specified  aiMl  intended. 

Approvkd  Feb.  14,  1857. 


AN  ACT  extending  the  charter  for  a  forry  across  the  Mississippi  therein  reb.  u,  1807 

named. 

Section  1. "  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  (rtneral  ^^ssemh/i/^  That  the 
Keokuk  and  Hamilton  Ferry  and  Manufacturing  Com- 
pany, now  owning  and  running  a  feiry  across  the  Missis- 
sippi river,  opposite  Keokuk,  tlieir  successors  or  assigns, 
shall  have  the  privilege  of  running  said  ferry  for  the  addi- 
tioiie.l  term  of  twenty  years,  landing  upon  their  own  lands 
on  the  Illinois  shore. 

^  '1.  Said  company,  their  successors  or  assigns  siiall 
liave  the  exclusive  riuht  of  running  said  ferry  troin  their 
own  lands  and  for  a  limit  of  one  mile  above  and  below: 
Provided,  houerer,  th;«t  they  shall  keep,  at  all  reasonable 
times,  on  saiil  ferry,  tutficient  and  suitable  steam  or  other 
bout  or  boats  for  tfe  accommodation  of  the  public,  and 
that  the  rate  of  terriage  shall  not  exceed  such  reasonable 
rates  as  may  be  prescribed  by  the  county  court  of  Han- 
cock county. 

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

AlTROVKD  Feb.  14,  IboT. 


•^•ol  o»rp<>r»- 


K««t«  d«l«*-l. 


18 57.  688 

r«k.u,  1S97.  A\  ACT  to  incorporate  Ibe  Madison  County  Railroad  Coinpaii}'. 

SicTioN  1.      He  it  cnticft't/  hy  the  penp/e  of  the  state  of 
P'imus,  rt  jirtst'uttd  iu  (he  (.ieiieriil  ^issvin'ty  ^  Tliat  Joseph 
ikr*M«r».  Giik'Jjjie,  Jt)St|)li  H.  S Dss,   Ji)lm    A.   Priok»'tt,  George  W. 

P(iiliji.«,  Hfiiry  litttr,  Jolm  T.  Lusk,  Iltiii>  W.  Billingjf, 
S annul  A.  Buckmaster,  William  T.  Jiiown,  Thomas  Judy 
ai;d  David  Gille-j»if,  and  tlieir  associates  and  successors, 
are  lieiehy  made  and  coii>«tituted  a  tiody  ••orporate  and 
politic,  b)  the  name  and  st)le  of  "The  Madison  County 
K.iilroad  C.):npa"y,"  with  perpetual  succession  ;  and  hy 
that  name  and  style  shall  be  capable,  in  law  or  ecjuity,  of 
suini;  and  being  sued,  and  pleading  and  being  iin[)leaded 
in  any  suit  in  law  or  equity  in  tliis  state,  and  of  taking, 
purchasiof^,  holding,  leasing,  selling  and  convey  ii'g  estate 
or  property,  whether  real,  personal  or  mixed,  so  tar  as  the 
same  may  be  necessary  tor  the  purpost-s  hereinafter  men- 
tioned and  no  tarther;  may  have  a  common  seal,  which 
tliey  may  alter  or  renew  at  pleasure,  and  may  have  and 
exercise  all  the  poweis,  rights,  pii\il»gts  and  iniinnnitits 
wliich  are  or  may  be  necessary  or  proper  to  carry  ialo 
etiVirt  the  purpo>Jt-s  or  ol)jects  of  this  act. 

^  1.  The  M.idison  County  Railroad,  Company  shall 
have  full  power  and  authority  to  locate,  construct  and 
maintain  a  railroad,  with  one  ur  mure  tracks,  contmencing 
in  the  town  of  Ed wai dsville,  in  Madison  county,  Illinois, 
and  running  fruin  thence  in  u  westerly  (lii;ection,  on  the 
mo''l  eligible  route,  So  as  to  pass  near  to  the  Salem  nu'et- 
ing  house,  to  the  most  convenient  ]K)int  of  intersection  with 
the  Alton  branch  ot  the  Belleville  and  lllinoislown  railroad, 
and  to  take  and  carry  persons  and  property  upon  said  rail- 
road, by  puwer  or  force  of  steam  or  animals,  or  any  me- 
cliantC'il  or  oth»  r  power  or  coinhin:;tion  of  lliem  wliich 
saiti  company  may  choose  t(j  appi}  ;  and  for  the  ])urj)ose  of 
con-ttructiug  said  railroad,  said  company  shall  have  aii« 
thority  and  power  to  lay  out,  design>(ic  and  establish  their 
road  in  width  not  exceeding  two  hundred  feet  through 
tla-  «  ntire  route  thereof;  they  may  take  and  appropriate  to 
their  ovvn  u-ie,  all  such  lands  so  designated,  lor  the  line 
and  construc'ion  of  said  road,  upon  first  paying  or  tender- 
ing therefor  the  auiount  of  dainagep  as  nIihH  have  beto 
lutiled  and  agreed  upon  between  the  parties  or  in  the 
manner  as  provided  for  by  the  general  laws  of  this  state, 
•II  Huch  lauds  as  may  be  taken  noon  which  said  load  may 
be  l<)cated  and  con-ttructed;  and  l.;r  tiie  purpose  of  cuttings 
and  embankments  and  obtaining  stone  or  gravel,  may 
take  and  appropriate  as  much  more  land  as  may  be  necefl- 
■ary  l^r  the  proper  construction,  maintenance  and  security 
of  Raid  ro^d;  and  for  constructing  shops,  depots  and  other 
luitabic  fixturet,  as  appurtenant  to  said  road,  may  take, 


G39  1857. 

have  and  u^e  any  lands  nn  oanli  side   thereof,  not  exceed- 
ing three  hundred  'Vet  in  width  IVoin  said  road,  said  coin- 
paiiy  takitig  all  such  hinds  as    gifts  or  purchases,  only   by  i.and*  adjoinwc 
making  coin])ensation  therefor  as  above  provided.  "^'"^''* 

^  'tj.  Th«  sjid  company  shall  liave  lull  power  and  au-  ninht  vt  ««y 
thority  to  enter  U|)on  any  larids  of  the  state  or  of  individu-  «'^*"'«<*' 
gis  or  hoiiies  corj)r)iate,  and  by  their  servant*?  and  agents, 
to  make  the  necessary  survejs  for  the  location  and  con- 
struction of  saul  road,  and  for  the  procuring  the  necessary 
sand,  gravel,  timber  and  otber  matt- lials  n»'ces5ary  for  the 
constiuction,  use  and  maintenance  of  their  road  and  its 
appurtenances  upon  tlie  land  so  aj)proprialed,  and  to  be 
used  for  that  purpose. 

§  -4.  The  said  can»pany  shall  ha^e  power  and  authority 
to  condemn,  as  aforesaid,  such  temporary  right  to  any 
land  as  shall  be  thought  necessary  fur  the  constmction  of 
their  road,  and  in  es  imating  danjages  for  the  right  of  way 
or  other  rights  claimed  under  this  act,  the  commissioners 
or  jury  mny  take  into  consideration  the  bt-netit  to  be  de- 
rived to  llie  owner  from  the  construction  and  use  of  said 
road  in  pursuance  of  the  laws  of  this  state. 

§  ;j.  Toe  capital  stotk  of  said  corporations  shall.be  not  capiui  atock. 
to  exceed  five  hundred  tho)isaud  dollars  ;\vliie!»  stock  ""hall 
be  di\ided  into  shares  of  one  hundred  dollars  each,  with 
the  riglit  to  increase  the  said  capital  stock  to  an  amount 
sufficient  to  equal  the  cost  of  constructing  and  equipj)ing 
said  road.  Said  slock  shall  be  detmed  to  be  personal 
property,  and  may  be  issued,  transferred  and  registered  in 
such  time,  place  anl  manner  as  may  Ue  presciiheu  b\  said 
company  5  who  shall  also  prescribe  the  time  and  maimer 
in  which  all  subsciiptions  of  stock  ma}  be  made  and  })aid, 
and  may  authorize  and  conduct  all  actions  and  suits  at 
law  or  in  equity  for  the  recovery  of  such  subscriptions  or 
installments  thereof  as  they  may  deem  necessar}  ;  and, 
in  addition,  may  declare  ail  stock  upon  which  any  install- 
ment is  due  at'd  unpaid  forfeited,  and  the  same  may  be 
tran  tVrred  either  to  said  company  or  to  the  subsequent 
purciiaser  thereof;  which  proceeding  maybe  had  upon 
and  lifter  such  notice  and  the  expiration  of  such  time  as 
mav  be  provided  for  by  the  said  comprny,  through  the  board 
of  di.ectorf. 

§  ij.  The  above  named  persons,  or  a  majority  of  them,  pirectoie, 
shall  constitute  the  first  board  of  directors  of  said  com- 
pany, one  of  whom  shall  be  elected  president  of  the  board.  pre»ideut. 
The  first  meeting  shall  be  held  at  Edwardsville,  and  the 
subsequent  meetings  at  such  times  and  places,  in  this 
state,  as  maybe  jirovided.  Said  directors  shall  hold  their 
office  for  one  year  and  until  their  successors  are  elected 
and  qualified.  And  the  s.iid  boanl  shall  prescribe  the 
time  and  place  of  such  election  ;  the  qualifications  of  those 


voting  anil  to  bo  vot«il   for   as  dire^rtors.     Tlio   (directors 
Uatun.  m*)"  clioose  H   secr»Mary,  \vl»'»  shall    kt'fj)  ami    preserve    a 

corrrcl  recoril  of  all  llie  procveilings  nud  tloinj»^  of  said 
board  and  of  such  jiuties  as  may  be  required  of  liiin  ;  and 
the  book  or  books  in  which  such  records  are  kept  shall 
be  primii  facte  evidrru  c  of  the  truth  of  such  records  in 
an)  couil  or  jdtice  of  judicature  in  this  stat»>,  wherein  said 
coinjiany  shali^be  a  J'^ity.  \'acatuMfS  in  said  l)oard  may 
be  filled  by  the  two-thirds  of  tl.o  remaining  incnibcrs  uittil 
the  next  tlectiou.  The  said  board  of  directors,  at  any 
u»ftiinj»,  may  liiiect  the  ojuninn  of  books  at  such  times 
and  jd.tces  and  in  such  manner  and  upon  such  notice  as 
tht-y  uiay  deem  a«lvi<ahle.  They  shall  have  the  power  to 
prescribe  the  Hinount  which  shall  be  paid  at  the  time  of 
8ub:;criptioii.  They  may  also  commence  the  construction 
of  -aid  road,  without  reference  to  the  amount  of  stock 
which  may  be  subsciibed  at  the  time.  The  coinpaii)  shall 
have  power  to  appoint  a  trta<urer,  prescribe  his  duties, 
and  require  (rom  him  a  bond,  with  satisfactory  security, 
for  the  laithlul  performance  of  his  duties;  which  shall  bu 
binding  on  said  treasurer  and  his  securities.  The  com- 
pany shall  have  |)uwer  to  regulate  tolls,  charges  and  rates 
for  transportation  of  freight  and  |)assengers,  and  may 
change  and  alter  the  same  at  pleasure  :  P/'(ii'ii/(  (/,  that 
due  notice  of  such  chanij;e  shall  be  given,  as  jirescribed  by 
saiti  board.  Siid  company  may  build,  construct  or  pur- 
chase all  necessary  engines,  passenger,  fre  ght  and  other 
cars  or  vehicles,  for  tbo  use  of  said  road,  or  to  hire  or 
rent  the  same  from  "tlier  persons  or  companies. 

^  7.  Tlie  said  com|)any  shall  have  power  to  make, 
ordtiin  or  establisli  such  h\law4,  rules  and  regulations, 
for  the  govrrnmenl  ol  tin-  affairs  of  said  coinpan),  as  they 
ma)  det-in  proper,  not  inconsistent  with  the  constitution 
and  Uw4  of  thii  statn  or  of  the  constiution  of  the  United 
Stales. 

^  8.  Said  company  may  con><truct  and  use  its  road 
•cro94  any  other  riad,  hi^liway  or  water  course,  in  such 
manner  ai  not  to  iinp<iir  their  iHifulncs's. 
t»gnf>'«  <««y  §  y.  The  secretary  of  said  company  shall,  whenever 
required,  make  out  and  furnish  to  the  county  court  of 
Madison  county,  Illinois,  a  stateiner.t,  under  oath,  of  tliM 
coil  ol  constructing  said  road  and  of  its  furniture  and 
pqiiipmentt;  and  no  dividends  shall  be  declared  upon  said 
roail  until  a  Mutficient  amount  liai  been  set  apart  from  tiiu 
earnings  of  said  road  to  pay  all  state  and  county  tuxes 
ch  irgt'ablf!  thereon. 
i»,»f  •«  .  •  ►<  J  H),  Any  persons  who  shall  do  or  cause  to  bo  done 
any  mischief  to  said/oad  or  its  stock,  furniture,  fixtures  or 
fcppiirt«-ii  inci<,  or  sli»ill  stoji  or  attempt  to  slop  any  train 
or  car,  without  lawful  aui.liorily,  shall  bu  punishable  in  Ilia 


C41  1857. 

manner  and  to  the  extent  now  or  hereafter  to  be  required 

or  jiroviiled  l»y  law. 

Ji  11.  S-iiii  company  is  aiitli  )rized  to  unite  its  road  r.t.neri.one 
wilh  the  BfllevJIe  and  Illinoislown  railroad,  at  its  point  p,',d,^  "****' 
of  intersection  with  the  same,  upon  such  terms  as  may  be 
mutually  agreed  upon  between  said  companies  ;  and  in 
case  no  agreement  can  be  made,  then  the  terms  himI  con- 
ditions of  a  union  or  junction  and  of  the  [use  of  ihe]  roads  of 
said  companies  hy  each  other  may  he  fixed  hy  llie  judge 
ot  the  circuit  court  of  ihe  county  of  Madison,  Illinois,  wlio 
is  hereby  required  to  act  in  the  premises.  Either  ])arty 
may  have  an  appeal  or  writ  of  error  from  the  decision  of 
said  judge,  in  tlie  ordinary  way,  within  one  jear,  to  the  su- 
preme court  of  the  state,  at  Springfield,  Illinois,  whose  de- 
cision  shall  be  final. 

5  1-.  Said  cmijany  mav  borrow  money,  as  much  as  '•  ^vpr t- i,.,rrow 
may  be  necessary  lor  completing,  stocking  and  operating  i 'li-u. 
said  road,  and  issue  and  dispose  of  their  bonds,  in  such 
denominations  as  they  may  prescribe,  at  such  rates  of 
interest  or  discount  as  may  be  determined  on.  Tlie  said 
boniis  may  be  in  such  form  and  upon  such  terms  and  con- 
ditions as  to  said  company  shall  seem  best  for  elfecling  the 
speedy  completion  of  said  road.  Said  company  may  also 
mortgage  or  in  any  manner  pledge  their  said  road,  its  pro- 
perty, rights  and  franchises,  of  every  description,  so  as 
etfectually  to  secure  the  j)aymen'.  of  all  its  debts  and  en- 
gagements as  luUy  as  any  individual  person  could  or  might 
do;  and  all  deeds,  mortgages,  liens  or  incumbrances,  made 
by  said  company,  shall  be  valid  and  binding  upon  such 
company  and  its  property  and  effects,  in  the  manner  and 
to  the  extent  agreed  upon. 

§  10.  No  forfeiture  siiall  be  occasioned  by  nreans  of 
the  noncomplotion  of  the  whole  of  the  road  hereby  con- 
templated tJ  be  built,  but  the  company  shall  be  permitted 
to  use  and  operate  so  much  as  it  has  or  may  have  the 
means  to  construct;  and  the  state  of  Illinois  hereby  sur- 
renders to  said  company,  to  be  used  for  the  purpose  of 
said  railroad,  and  for  no  other  pur|)ose,  all  the  right,  title 
and  interest  it  has  in  the  track",  gride,  right  of  way  or 
other  rights,  j)rivileges  or  appurtenances  of,  in  or  belong- 
iiig  to  so  much  of  the  Alton  and  Mount  Carmel  railioad  as 
lies  between  the  points  of  termini  ot  the  road  hcr.hy  au- 
thorized to  be  constructed,  or  so  much  thereof  as  may  be 
used;  and  the  company  hereby  authorized  to  be  created  is 
authorized  lo  take  possession  of,  use  and  enjoy  all  such 
right,  interest  or  claim  in  said  Alton  and  Mount  Caruiel 
road,  for  the  purposes  aforesaid. 

§  14.     The  company  hereby  authorized   may,  through  cnt-sn,    w.u 
its  stockholders,  contract  with  any  other   compHiiv  in  tliis  """•"■■"•«>•■"« 
State  for  the    construction   and  use  of  said  railroad;  and 
—63 


1857.  649 

any  such  contract  or  agreement  shall  be  valiil  and  binding 
unrn  lite  pai  ties  theri'to. 

^  1  >.  T.u"  prooeeiliiii;'?  of  the  conipmy  lureby  incorpo- 
rated, in  all  things  necessary  to  enable  tiiein  to  build, 
maintain  and  operate  tin  ir  niilrond,  not  herein  provided 
|\ir,  shall  be  povt'inrd  by  the  gener«l  internal  iniprove- 
inent  law  ottl.is  state,  approvnl  Ni>v»nil)tr  r)th,  KS4'h 
Tta«  to  v««>a  (  1)>.  The  ci)n)|)Hiiy  shall  commence  their  railroad 
»««4  vvdetrd.  ^j(|,j^  three  }  ears,  and  this  act  shall  be  dienied  and  tiiken 
a<!  a  public  act,  ami  take  etlVct  and  be  in  force  from  and 
after  us  pasjuqe. 

Approved  Feb.  11,  1857. 


r«».  u> -MT.      AN  ACT  to   incorporate  tlic  Najilfx   nmt    Hannibal    Air   Lino    Railroad 

Coinpany. 

Skction  1.  lie  it  enactcil  hij  the  people  oj  the  state  of 
Illinois^  rt/>resmte(/  in  t/ie  CSenenil  ^'/ssei/i/t/i/,  That  (iro. 
P.  Rex,  Win.  Ward,  B.  L.  Matthews,  J.  K.  Cleveland, 
Asahel  llinuian,  Joshua  Woosley,  (ieo.  AVyke,  M.  IJ. 
Churchi  I,  (ieo.  W.  Shields  and  J.  T.  H«  Inis,  and  their 
a««S(»ci.»tes,  successors  and  assigns  ar^  hfrel)y  created  a 
body  corporate  ami  politic,  uiidi-r  the  name  and  style  of 
ttfto.  *'Tlie  Naples  and   llannil>al  Air  Lin«- Railroad  Company," 

with  perpetual  succession;  and  by  tliat  nam«>  be  and  tliey 
are  hereby  made  capable  in  law  and  e(|uity  to  sue  and  bu 
8U»'d,  plfiid  »nd  be  impleaded,  defend  and  be  defended  in 
an)  court  of  law  and  ecjuity  in  thif  state  or  any  other 
plae>';  to  make,  have  and  use  a  common  seal,  and  tho 
fame  to  renew  atid  alter  at  pleasnre;  and  shall  he  and  arc 
hereby  vested  with  all  the  jiowers,  privileges  and  immuni- 
ties wliicli  are  or  may  be  nrcessary  to  carry  into  eflect  the 
nurpO'<e!i  and  objects  of  this  act  as  hereinalter  set  forth; 
and  •innl  company  are  hereby  autliori>^ed  and  etnpowered 
to  In  -iite,  construet  and  finally  complete  a  railroad,  coin- 
%m-»  't  MM  mencini^  on  th'*  west  bank  of  th**  Illinois  river,  opposite 
Mtir.Ki  ii,^  railroad  depot  at  the  town  of  Naples,  Scott  county,  II- 

linoi*,  or  within  one  mile  ot  that  |ioint,  and  thencr  on  the 
nio^t  direct,  cheapest  and  most  practicable  route  to  the 
town  of  Perr);  thence  to  the  east  baiik  of  tlie  Mississippi 
river,  •  pprjtiti-  Hannibal,  Missouri;  and  for  thi-^  purpose  said 
comjiaiiy  are  aulhon/ed,  upr)n  the  niosl  eligible  and  direct 
route,  to  lay  out  their  neid  road,  not,  exceeding  one  hun- 
dred feet  in  width,  through  the  whole  length,  and  for  tho 
purpose  f»f  cuttings  and  embankments,  stone  and  gravel, 
may  lake  as  m<ich  more  land  as  may  be  uices.sary  lor  thu 
proper  construction  of  and  security  (jf  said  railrcad. 


643  1857. 

^   'J.     Tlie  capital  stock   of  said  company  sliall  rons'st  /mMtm  or  en- 
of  one  million  of  (lolldrs,  to  be  (li\  i()»<l  into  shares  of  one    '•'»'^'"*' 
liundred  dollars  each.     The   immediate   government   aiid 
diri'Ction  of  said    company  shall   be  vested    in   a  board  of 
directors,  who  slmll  he  chosen  by  the  stockholders  of  said 
CO"'pany  in   the  mantier   hereinafter   provided,  who    stiall 
hold  their  otH.-es  for  one  }ear  aft»  r  their  election,  and  un- 
til others  shall  be  duly  elected  and    qualified  to  take  their 
places  as  directors;  and   the  said  directors,  a   majuriiy  of 
whom  shall    constitute  a   quorum   for    the   tran8acti(Mi  of 
business,  shall  elect  one  of  their  number  to  be  presidttii  of  Kii^'-ti-n  and  or. 
the  eompau);  that  said  board  of  directors  shall  have  power    i'..'.l'id*«f"ujreci! 
to  appoint   all  necessary    clerks,   secretary,   treasurer  and    "'*' 
other  officers  necessary  in  the  transaction  of  the  business 
of  Said  company. 

^   ;>.     The  said  corporation   are  hereby   authorized,  by  Kxaminationn 
their  agents,  surve)ors  and  enj^ineers,  to  caiive  such  exaini-    uiunzed.*^''"*' 
nations  to  be  made  ot  the  <;round  and  countr>  between  the 
above    described    |)(>iiits    on  the    west  bank   of   the  lihnois  ni.ht    nf    way 
river  and  east   bank  ul   the  Mississippi    liver,  as  siiall   be    *'*"''*• 
necessary  to  determii  e  the  most  advantageous  and  proper 
route  whereon  to  construct  thei»'said  railroad;  and  it  shall 
be  lawful  for  said    company  to   enter   upon  and    take  pos- 
sessux)  of  and    use  all  sueh   lands   and    real  estate  as    will 
or  may  be  necessary  ft>r  liie  construetion  and  inaiiitenance 
of  said   railroad,  its    depots,  side   tracks,   water  stations, 
engine  houses,  inacliiue  shops,  and  other  buildings  and  aj)- 
pendages  neeessary  to    the  construction    and   woiking  of 
said  road  :    Pr/iit/rd,   ihat   all  the  land   or  real  estiite  en- 
tered upon  or  tak«  n  possession  of  and  bj  said  corporation, 
for    the  purpose    and    aceommodution  of  said  railroad,   or 
upon  which  the  site  of  said  railroad  shall  have  been  loca- 
ted or  determined  by  tlie   said    corporation,  shall  be  paid 
for    by  said  compaiiy,   in  d«mages,  if  any    be  sustained  l)v 
the  owner  or  uwueis   thereof,  by    the  use  of  the  same  for 
the  purposes  of  the  said  railroad;  and  all  lands  enteied  up- 
on and  t:»ken  fi»r    the  u<H'    of  said  coi  poi  ati(ui,    whieh  are 
not  donated  to    said    company,    shall    be   paid  for  by  said 
corporation,  at  such  price  as  may  be  mutuady  agreed  up- 
on by  said  corporation  and   the   owner  or   owners  of  such 
land>;  and  in  case  of  disagre»inent,  the  piic«  shal;  be  esti- 
mated, fixed    and    recovered    in   the  manner  j»r>)\  ided   for 
takiig  lauds  tor  the  construction   of  public  roads,   canals 
OT  other  works,  as  prescribed   by  the  act  concerni'g  t'  e 
right    of  way,   approved    March  Cd,    1845,   or   according 
to  the  provi-Jions  of  an  act  entitled  **An  act  to  amend  the 
law  condetnninn;  the  rii^ht  of  way  for  the  purposes  of  inter- 
nal improvein»-nt,"  approved  Jiiup  "Jl*,   1S.')*J. 

§4.     If  an"  person  shall  willfully,  maliciously,  or  wan-  f**"*"""'"'    u 
tonly  and  contrary  to  Jaw  obstruct  the  passage  ol  any  car  •>(i<*  prundcd 


on  s<i»l  railroaJ,  or   any  part  tlitrrof,  or  uDytliinc;  In  long- 
in«»  tliere'o,  or  shall   clain.tL;*',    brt-ak,  or  dt-stroy  hii\   part 
kI*  llio  said  railroiil  or  nnpltiiurits  or  buihlings,  lie,  ^lle  or 
tliev*  or  any  person  assisting,  shall  forlcit  and  pay   to  said 
compHiiv.  for   evt-ry    suoli  ollVnce,   treble   the    amount  of 
dam.tufs  thai  shall  be  proved  before  any  conip»tent  court 
to  have  been    sns'ain«'<l,    and    to    be  sued    for   in  tin    naino 
and    behrt  f  of  saiil  eonipai  y;  antl   sail    oHViuier  (^r  otVend- 
ers  shall  be  deemed  guilty  of  a  misdemeanor,  and  sh.ill  be 
Ii.ible  to  an   i»idiclment   in  the    same   manner   as  other  in- 
dictments are  h)und  in  ihe  county  where  such  offenie  shall 
huve  been   coinmi<teil,   ami.    iipo.i    conviction,   evei\   such 
oflffiidcr  shall  be  liable  to  a  line,  not   exceeding   fix «   thou- 
sand dollars,  for  tiie  use  ol  the  county  where  such   indict- 
ment may  be  found,  and  may  be  iin|'i  isoiied  in  the  county 
jail  for  any  time  not  exceeding  six  months,  at  the  discre- 
tion of  the  court. 

^   .')       Tlie  time  for  holding;  the  ainual  meetiiiRS   of  said 
coiiip.inv  for   the  election   of  direcf«»rs   shall    be  fix«  tl    and 
determined  by   the   by-l.»ws   of  said    company;  and    at  all 
meetings  each  stockholder  shall   be  entitled,  in  peison  or 
\>\  lawful  proxy,  to  one  vote   for  each  share  of  stock  he, 
she  or    they  may  hold,  bona  Jul' ,   in  said   company,   upon 
which  all  inst-^llmems    called    ha\  e  been  paid. 
c  fj   i".       Ciro.  P.    RfX,   William   Ward   and  Joshua   .AToore 

!!iCiti*J]ir*  are  hereby  ai>pointed    <nminissioneis,   who,  or  a  majority 
of  Jvhom,  after  a  meeting  duly  called  by  twenty  dajs'  no- 
tice in  newspapers   piil)li^hed  in   Pike  county,  are  hereby 
authorized   to  open   .•.ubs<:i  iplion   bonks   for  said  stock,  it 
S\xc\\  placei  as  tin  y  maj  d«em  pr(.per,  and  k«  <|)  said  books 
open    until  one   hundred    thousand    dollars  of  said    cajjital 
itock  shall   be  taken.      Said    commissioners  shall   r<  <juire 
each  aubdcriber  to  pay  ten  dollars  on  each  share  subscri- 
bed at  the  time  of  sub/cribin^;  the  said  commissioners  shall 
i:j,tiiediat.ly  tliereafti  r  call  a  ineetinp;  of  the  stockhtddcrs, 
bv  yivinn  tlnrty   da)s'    notice  in   s»;me  newspaper  iitinted 
in  tlie  county  of  Pike,  and  at  such  ineelinj^  it  shall  he  law- 
ful to  elect  the  ilireclorjt  of  said  company;  and  wlo  n   tho 
dirertom  of  naid   crmpany  are   cliosrii    the  said  commis- 
•  i.n»T!»  shall  delivi-r  saul  subscription  books,  with  all  sums 
of  moiM-y  r»MeirV«l    by   them  a«»   cominissiomrs  to  said  di- 
rector-i.   No  person  shall  be  a  director  in  said  comp my  un- 
lef*  he  shall  own  at  h-ast  five  shares  of  the  capital  stock. 
f..     ....       §7.      That  the  ri>;ht  of  way  and  the  real  estate  puichas- 

*""*■  tA  f.ir  the  rl^hl  of  way  by  naiU  company,  whether  by  mu- 

tual agreement  or  otherwise,  or  whi<li  filiall  become  the 
prop»rty  of  Maid  company  by  operatiiju  of  law  as  in  this 
act  provided,  j.hall,  upon  the  pajment  of  the  Bm(.unt  of 
inon«  V  hi  Ir.n.'inj^  to  the  owner  or  owners  of  said  land  as  a 


G45  IS.")?. 

comptn^atjon  for  tl)e  same,   become  llie   property  of  said 
conip.iiiy  ill  tVe  siin|tl<*. 

^  ^^  Tlie  said  corporation  may  take  and  traii'ii'ort  up-  Riehi  to  tr»n»- 
on  said  railroad  any  pt-rsoii  or  persons,  mtTchandize  or  uioitUaLixe,  &« 
other  j)roperty,  by  tbe  force  and  power  of  steam  or  ani- 
mal, or  any  combination  of  tliem,  and  may  fix,  «stabli»li, 
take  and  receive  sncli  rates  of  toll  for  all  passengers  and 
pro|)erty  transported  upon  tlie  same,  as  tlie  said  directors 
shall,  troin  time  to  time,  establish;  and  the  directors  are 
hereby  anihorized'and  empowered  to  make  all  necessaiy 
rules,  by  laws,  reeulations  and  ordinances  that  they  may 
deem  necessary  and  expedient  to  accom|dish  the  designs 
and  purposes,  and  to  carry  into  effect  the  j)rovisions  of 
this  act,  and  for  the  transfer  and  assii^nment  of  its  stock, 
which  is  hereby  declared  personal  pro[)erty,  and  transft-r- 
able  in  such  manner  as  shall  be  j»rovided  by  the  by-l<iW3 
and  ordinances  ot  said  company. 

5  i).  In  case  of  the  deati:  or  removal  of  the  president,  v«canci'»  in  th« 
Vice  president,  or  any  director,  at  any  time  between  the  orivioviacifS 
annual  elections,  such  vacancy  shall  be  filled  for  the  re- 
mainder of  the  year  by  the  board  of  directors;  and  in  case 
of  absence  of  the  president  and  vice  president  the  board 
of  directors  shall  have  power  to  appoint  a  president,  y;ro 
leni-t  who  shall  have  and  exercise  such  powers  and  f  mc- 
tions  as  the  by-laws  of  said  corporation  may  jirovide;  in  case 
it  should  at  any  time  happen  that  an  election  shall  not  be 
made  on  any  day  on  which  in  pursuance  of  this  act  it 
ought  to  have  been  made,  the  said  cor(>oration  shall  not 
for  that  cause  be  deemed  dissolved,  but  such  election  shall 
be  held  at  any  time  directed  by  the  by-laws  of  said  cor- 
poration. 

§  10.  Tliat  when  the  lands  of  any /eTn??ie  carert,  person  Awnni  of<i«ma. 
under  age,  /iu)i  cjvipus  incntis,  or  out  of  the  state,  shall  be  clcs.'  "' * 
taken  in  the  construction  of  said  railroad,  as  is  provided 
by  this  act,  the  said  corporation  shall  pay  the  amount  that 
shall  be  awarded  as  due  to  the  said  mentioned  owners  re- 
spectively, whenever  the  same  shall  be  lawfully  demand- 
ed, together  with  six  per  cent,  per  annum.  That  the 
damages  to  be  paid  by  said  company  for  the  taking  of  the 
land  of  [)erson3  named  in  this  section  shall  be  estimated 
and  aisesiud  in  the  manner  now  in  such  cases  provided  by 
law. 

^  11.  Whenever  it  shall  be  necessary  for  the  construe-  crowing*,  kc 
ti  )n  of  said  railroad  to  intersect  or  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water,  or  water  course, 
or  road  or  highway,  on  the  route  of  said  road,  it  shall  be 
lawful  for  the  company  to  construct  their  railroad  across 
or  upon  the  sa^ne  :  Pntvuivd^  that  the  said  company  shall 
restore  the  railrcjail,  stream  ul  water,  or  water  »-onrse,  or 
highway  thas   intersected  or  crossed,  to  its  former  slate, 


mmuf   mmi  t»- 


195T.  G46 

or  in  a  siirfjoient  inaniuT  not   materially  to   imjiair  its  use- 

f(lll||-S4. 

r«MMM»M  wiik  ^1--  S.titl  ownpany  sUdll  have  |)iiwor  to  iiniti'  its  rail- 
road wilh  any  t»lli«  r  railroiul  now  lonsti  iiit»  d,  or  v  Licli 
ujay  liert-altt  r  hv  roust iiict»'<l  on  tin-  line  of  said  jailioad, 
or  at  ilif  t«rini<>us  tltt- rt  of",  nj>on  such  ttiins  as  may  hv  nui- 
tiialiT  agreed  iipon  between  the  companies  so  cotinect- 
inij,  and  /or  that  purpose  lull  power  is  hereby  given  to  said 
company  as  will  jjei  lire  sin  h  contracts  with  any  other 
company  a<!  will  seturt-  the  ol)j«cts  oOnch  connection. 

^  l'».  That  the  sanl  N.tph-s  ami  llannil)ul  Air  L'ne 
Railroad  Company  shall  have  power  to  borrow  money,  on 
Ihe  credit  of  tlie  ct)mpany,  not  exceedinj;  its  authorized 
capital  stock,  at  a  rate  ot"  interest  not  exceeding  ten  per 
Cent,  per  annum,  payable  semiannually,  and  may  execute 
bonds  tlier«  lor,  with  interest  coupons  (In  rt  to  annxed, 
and  secure  the  payment  ot  the  same  by  moitgage  or  deed 
ot  trust  on  the  whole  or  any  part  ot  the  road,  property  and 
income  of  the  company  then  existing  or  iherealter  to  be 
acijuiretl,  and  ma\  annex  to  such  luortgHge  boiuls  the 
privilege  of  convtrling  the  same  into  the  capital  stock  of 
the  company  at  par.  at  the  option  of  the  I  oiders,  if  such 
election  be  sJgnititd  in  writing  to  the  company  three  jeara 
before  the  maturity  of  said  bonds, 
••leaf  bMLk.  <j   14.     That  the  directors  ol  said  company  he  and  tl  ey 

are  hereby  authorized    lo   nt-gotiate   and    sell  the  uonds   of 
th«*  s-aid  company  at  such  times  and  in  such  places,  either 
wiihiij  or  without  thix  .stat*-,  and  at  such  rates  and  lor  such 
pric«  s  as  ir  their  opinion    will    best   advance  the  interests 
ol    the  company;  and  if  such  bonds  are  thus  negotiated  or 
.'old  at  a  disc'»itilt  beliiw  their  par  value  such  sale  and  dis- 
position th»  reof  shall  be  as  valid  and  binding  on  the  com- 
pany in  every  r^spect  an  if  they  were  sold  or  disposed  of 
at  their  par  value. 
My««w*^t       ^    J.,,      That  the  said  com|)any  in  securing  the  payment 
of  said  bonds  by  a  mortgage  or  deed  of  trust  on  the  road, 
property  and  ini:ome  of  tin-  CfinpHuy,  sliull  have  power  to 
execute  a  morigHge  or  <I»-«m1  o(  trust  hs  aforesaid,  to  secure 
the  payment  ol    ll.t-  lull    amount  of  bonds  which    the    com- 
j'iiny  may,  at  thr  time  ihe  said  deed  ot  trust  or  mortgage 
bears  dati",  or    at  any  time    thereafter,    desire   to  sell   and 
ai«pose  of,  and  may   execute   and  sell,   fr<jm   time  to  time, 
■  uch  amounts  of  said  bonds,   and  of  such  dates,  and  pay- 
able to  siirh  person  or  persons   as  to  the  directors  of  said 
company  m*)    seem   advisable,    till    the    whole    amount   of 
bond*  menlion»'d  in  such  mortgag*- or  deed  (»f  trust  is  exe- 
cul««l    aiicj  sold,  and  the    said  mortgtige   or    deed    of  trust 
shall    be    n«    valid  and  eflfectual   to  «e<'ure  the   pajment  of 
Uie  bonds  so  executed  and  5old,  and  every  part  thereof,  as 


rouiiijr 


G47  1857. 

if  tlie  same  and  every  part  thereof  liad  been  executed  of 
even  date  with  said  d»fd  of  trust  or  morf^Htie, 

§  lt>.  Pruviilitl,  If  ihe  Pike  Ci.uiit)  IlMilroad  Corn-  ''.''•'JV.^k^";*';;, 
pany  expend  fiity  thousand  d(  liars  in  ^ood  faith  in  and  r^iirund 
about  the  cori'^truction  of  their  rottd  bt'tut'cii  th»^  points  of 
Naj)les  and  Hannibal,  by  way  of  Gri^^^villc,  dnriiif^  or 
williiu  the  year  iSoT,  and  complete  their  roul  between 
the  above  points  in  two  and  a  half  )  ears  lioin  the  p  ssage 
of  this  act,  then  this  act  shall  be  null  and  void  :  I'mvidid^ 
furlhfr^  should  the  Pike  Count}  Rdilroad  Conii)any  f.iil  to 
ex|)»  iid  lifty  thousand  dollars  on  tht-ir  line  of  r»iat),  as  above 
St.it»-ii,  irj  l-^")7,  then  this  act  shall  b»!  in  full  force  and  ef- 
fect: .///</  furflur.,  /injfo/et/y  sliould  the  above  company 
fail  to  complete  their  road  between  the  points  named  in 
two  and  a  half  years  from  the  passage  of  this  act,  then 
this  act  shall  have  full  force  and  tlFect. 

Approvkd  Feb.  14,  1857. 


AN  ACT  to  incorporate  ihe  Rockford  Loan  Futid  Aeaociation.  reb.  n,  \sbi; 

Skction  1.  Be  if  enacted  /;//  Ihe  pfuple  of  the  staff  af 
I/tiniJiSy  represvtiffd  in  General  %.'lssein'>\ii^  That  Isaac 
Utter,  Edwin  L.  Godfrey,  Charles  T.  Sack,  tt,  Oliver  P. 
Hyde,  Henry  C.  Mesler,  Edward  F.  W  Ellis,  Edward 
Hrainard,  Hiram  R.  Enoch,  George  VV.  Parker,  Mmris  R. 
Dertick  and  Charles  F.  Lewis,  directors,  and  all  such 
persons  as  are  or  shall  become  su  scribers  of  the  htock 
hereinafter  mentioned,  shall  be  and  tiiey  are  hereby  con- 
stituted and  declared  a  body  corporate  and  politic,  by  the 
name  and  style  of  the  "Rockford  Loan  Fund  Association;"  Sivicof  corp<fi. 
and  by  that  name  and  style  they  and  their  associates  and 
successors  are  hereby  made  as  capable  in  law  PS  natural 
persons,  to  contract  and  be  contractrd  with,  to  su»'  and 
be  sued,  to  plead  and  be  impleaded,  in  all  courts  of  law 
and  equity;  make  and  use  a  romrnonseal,  and  to  alter  the 
same  at  pleasure;  to  acquire,  by  purchase  or  otherwise, 
and  hold  all  kinds  of  estate  and  |  roperty  that  may  be  ne- 
cessary to  accomplish  the  objects  of  said  association,  and 
to  convey  the  same  and  such  property  as  may  now  be  held 
in  trust  for  the  members  thereof;  to  form  a  constitution 
and  by-laws,  for  their  government,  the  appointment,  num- 
ber and  duties  of  officers,  the  transfer  of  stock,  the  man- 
ner of  making  loans  and  taking  security  therefor,  and  the 
manner  of  holding  and  conve)  iiig  projiert)  :  Pruvidtd^  the 
Saru^^  shall  not  be  inconsistent  with  the  laws  and  consti- 
tutiou  of  this  itate  and  of  the  United  States.  The  objects 


1857.  643 

IK  ^  ..r.vw*:.  of  this  association  sliall  be  to   accumulato  a  fuiul,  by  the 

*   ^  SAviii^s  of  ilie  members,  anil  to  loan  the  same  to  tie  stock- 

hoKKrs  of  the  association,  on  real  estate  security  in  Win- 
nebago,   Illinois,   or   to   iliviile   amont;  its  nieniberii.      Tlie 

•^tui  •(««*.  capiirti  stock  o(  the  a>;s.u'i.»ti(>n  sliall  consist  of  not  cxcceil- 
inij  si\  liiintlred  shares  t>f  five  humireil  ilollars  each,  of 
vriiich  no   one   stockholder   shall    own   more   than    fifteen 

'•^»  shares.      The  board  of  directors  shall  have  power  to  award 

loans  to  stockholders  only  at  the  Ijighest  |ireniinm  that 
may  be  bid  therefor,  at  j)nblic  auction,  with  intvrestat 
llie  rale  of  six  per  cent,  per  annum,  and  to  take  secuiity 
tin  refor. 

S  'J.  Br  it  further  enacted^  That  the  adoj)tion  of  the 
constitution  and  by-laws,  the  election  of  officers,  award- 
incj  of  loans  for  premiums  and  interest,  and  taking  securi- 
ties, heretofore  done  iti  a  nKuin»r  not  inconsistent  with 
ibis  act,  are  hereby  legalized  and  declared  valid;  and  all 
securities  and  property  now  held  in  trust  for  the  nieiubera 
of  said  association  are  herel)y  declared  to  be  \ested  in  the 
said  Hockford  Loan  Fund  A<:sociation,  as  etfectually  and 
to  the  same  extent  as  if  the  same  were  taken  directly  to 
said  corporatit)!!,  and  shall  ce  subject  to  the  same  controlj 
and  any  release  or  convey  ance  of  the  same  j)r()perty,  exe- 
cuted by  said  association,  shall  be  valid  in  law  and  vest 
title. 

§  '>.     This  act  shall  be  deemed  and  taken  ns  a  public 
act,  and  shall  be  in  force  (rum  and  ufler  its  passage. 
Appruvcd  Feb.  14,  lb.'>7. 


lM*<f 


r«»  It.  H*7.  AN  ACT  f«  amen. I  an  .icl  rntiM^.l  "An  t<c^  (<>  anif-Mf  .in  ,-\f(  to  inrorpn- 
r.«'*  lti»  Il'cWtoi!  nnij  Irr^fxTl  Kailroail  ('ump.ihy,  r.nifittnMii;  Ihi-  con- 
■oIiiiAiioii  »(  (I)'*  S.i*.tiiiia  Dr.iiicli  Kdiltoatl  Cou^any  wUti  lite  ]{acii>« 
aitd  .MiMiMippi  lUilroad  Company,  and  for  olLer  purpose*." 

SrcTiOM  1.  Be  it  euitctrd  hy  the  peitple  of  the  state  i/f 
f/i'tni/i.n,  reprenriilrd  in  tliv  (ifiirrtil  ^t.ssf7/ih/i/,  That  the 
name  and  9t)le  of  the  Savanna  iiranch  Railroad  Company 
be  and  the  same  is  iureby  changed  to  that  of  "The 
Racine  and  Mis«issi|ipi  Railroad  Company  " 

^  '2.  That  all  acts  of  consolidation  entered  into 
between  the  Hockton  and  Kreeport  Kailroad  Compiiny 
and  the  Racine,  Janesville  and  Mi<sissi|)pi  iiailroad  Com- 
pany, and  all  agreements  i'l  relation  thereto,  and  also  all 
art*  of  roiiHolidalien  and  agreement")  rn;ul.e  and  entrred 
into  brtwreii  the  Savanna  I'ranih  K^tdroad  (/'onipany  and 
the  R4ein«  and  Minfii'^sippi  Railroad  Company  he  and  the 
•aoie  are  hereby  confirmid  antl  declared  legal  and  binding 


649  1857. 

upon  all    partieg  tlierrto:   Prijvidid,   tl»e  same    lias  been 
made  witli  the  con-'t-iit  of  the  sfMckhol(ler«. 

5  o.  That  the  Racine  and  Mississipni  Railroad  Com-  R».in»  nmi  yi»- 
pany  sliall  have  power  to  construct  a  brant  n  railroad  h»iiru«a. 
irom  tlie  village  of  Rockton,  in  the  county  of  Winnebago, 
to  the  city  of  Rockford,  in  said  county,  either  with  or 
without  connectiiif^  the  same  with  any  other  railroad  in 
said  city,  as  the  board  of  directors  of  said  company  may 
deem  its  interests  to  lequire. 

§   4.     The    manner    of  condemning    the    right    of  way  Bigui  cf  w»y. 
under  the  acts  of  consolidation  of  the  said  railroad   com- 
pajiy  shall  be  as  ])ro\  ided  for  in  the  ninety-second  section 
of  the    Revised   Statr.tes  of  this  state,  entitled  "Right   of 
Way,''  as  amended  June  'I'l^  1852. 

§  5.  That  the  board  of  directors  and  superintendents  Taricn*. 
of  said  Racine  and  Mississippi  Railroad  Com|)any  shall 
so  adjust  all  their  tariffs  and  joint  tariffs  that  frei^^ht  and 
passtii-^e  to  and  from  the  village  of  Rockton,  in  the 
state  of  Illinois,  shall  be  at  fs  low  rate  per  mile  as  to  or 
from  itny  places  or  stations  in  this  state  or  the  state  of 
Wisconsin;  and  that  all  regular  passenger  trains  which 
pass  said  village  stall  stop  for  the  accommodation  of 
passengers. 

§  4.     This  act  shall   [take]    efTect   from  and  after  its 
passage. 

Api'Ruved  Feb.  14,  1857. 


AN  ACT  to  am^nd  an  act  entillpd  "An  act  to  amfnd  an  act  entiflcd  'an  Feb.  U,  l8(n. 
act  ti)   incorporate  the    Macoinb,  Vexniont  and    Baib   Railroad  Com- 
pany.'-'' 

Skction  1.  Be  it  enacted  by  the  people  of  the  state  of 
llliiwix,  repriseiited  in  the  General ^issnnhly,  That  at  any 
election  held  by  the  stockholders  of  the  Peoria  and  Han- 
nibal Railroad  Company,  for  directors,  each  share  of 
stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy;  and  the  person  receiving  the  largest 
number  of  votes  to  be  duly  elected,  and  to  hold  their 
office  until  the  next  annual  election,  and  \intil  their 
successors  are  elected  and  qualified  ;  all  elections  to  be 
conducted  by  three  judges  selected  by  the  stockholders 
present. 

§   2.     The    capital   stock   of  the  Peoria   and    Hannibal  Aniomu of  capi- 
Railroad  Company   may  be   fixed  at  any   sum  not  exceed-    '^i  »'«<^- 
ing  the   actual  cost  of  consttuctiojj  and  equipment  of  the 
road,  by  the    stockholders  preseiit  at  any   regular  annual 
meeting  for  the  election  ol  directors. 


IS*.:.  G50 

^  ;">.  That  sertjon  four  of  an  act  entitled  "An  act  to 
amciul  ati  ai't  ••iiiirlfMl  an  act  to  incorporate  tlie  Macomb, 
Vt  riU'Ujt  aii'l  Batli  Riilroail  Coinpaiij,''  approved  IVUru- 
ary  lllh,  iS'^A^y  be  and  i^  hereby  repeaUil,  and  siction 
four  of  an  act  entitled  "An  act  to  incorporatt>  the  Ma- 
comb, Vermont  and  IJath  Railroad  C«impi«iiy,"  be  and  is 
hereby  reviv«d;  and  the  Peoria  and  Ilannioal  Rdilroad 
Coinpany  shall,  in  all  cases  where  it  is  necessary  to  cou- 
('enin  lands,  proceed  according  to  the  provisions  c»f  the 
last  named  section. 

r*«i»aMnan-  ^  4.  Tluit  the  said  Peoria  an  1  Hannibal  Railroad 
aifc*!  a*iirv*-i.  C^),j,p;inv  shall  have  the  rit;lit,  hy  its  directors,  to  divide 
the  route  of  their  saiti  roaii,  rnnnini;  Ironi  Peoria  to  Ilan- 
nihal,  in  divisions;  to  let,  conslrnct  and  operate  any  of 
such  division^,  and  also  to  Cell  in  installments  on  stock, 
from  stockholders  interested  in  or  nt;ir  the  line  of  such 
divisions  so  to  be  constructed,  and  apply  the  same  on 
such   part  so   t^  be  built  and  operated.      And  said   Peoria 

OM««ctt'<n«with  ai'd  Hannibal  Railroad  Coinpany  may  unite  its  road  with 
•ik«r  r>»»i».  a„y  other  road,  now  or  herealter  constructed,  at  its 
termini  or  any  point  thereof,  where  the  same  or  any  pari 
thereof  may  comji  in  contact  with  any  such  road.  And 
said  company  may  issue  bonds,  bearing  any  rate  of  inte- 
rest, not  exceeding  ten  per  cent,  per  annum;  and  may 
borrow  m  >nt'y  at  the  same  rate,  and  shall  have  the  right 
to  mortgage,  sell  or  lease  their  said  railroad  ami  its 
equipments,  rolling  stock,  station  houses,  or  any  portion 
or  part  thereo!. 

T\««  •*  tacia-  §  •*•  Phi"?  act  shall  not  in  any  respect  affect  the  sub- 
»*^'*"*-  gcriptions  of  stock  voted  or  subscribed  by  any  county, 
oil},  corporation  or  i^ersons.  TIh'  said  company  may 
commence  the  work  on  said  road  within  three  jears;  and 
if  any  division  thereof  be  completed  within  eight  )eur8 
alter  the  passage  of  this  act,  tht-n  this  act  to  remain  in 
full  force  and  ♦-ffect,  together  with  the  several  acts  to 
which  this   is   an  amendm>  tit. 

^  «'.,     This   act  shall   take  effect  and  be  in  force  from 
and  after  its  passage. 

ArpRovED  Feb.  14,  18o7. 


r«».  II,  m7.  AN  ATT  to  nm*nA  th*'  «ct  entitled  "An  «rt  to  rf.1iir»«  flio  law  inrorpo- 
tiUufi  tho  Cify  of  rbicijro  an<l  tin*  1l^v^rlll  Hrtu  ftmniilaloiy  fhfTBof 
lato  one  act,  and  to  arnend  tbe  iiaiiio,"  approved  Febtuary  Mdi,  1H51. 

Section    1.      Be  it  niarlpd  In/  the  people  of  the   stale  of 
lUiniji^^    rrprrsrnlrtl  in   tlie  General  */lisruihl}/,    (That)  in 
t,   M(«MiA  a  order  lo  carry  out  fully  the  object  and  in;eut  of  the  sixty- 


651  1857. 

second  aection  of  (he  fotirth  chapter  of  the  act  to  which 
this  ii  ail  aiiif tulment.  the  common  cotmcil  of  the  city  of 
Chicago  is  herthy  aulhorized  and  empowtreil  to  fsl«blish 
and  maintain,  at  its  option,  either  within  or  withont  the 
corporate  limits  (if  swid  city,  a  rt-foini  school,  and  to 
assess  a  tax  up>)i)  the  real  estate  in  said  city,  year  by 
year,  for  the  sup|)ort  of  the  same,  not  exceeding,  how- 
ever, two  mills;  and  to  he  levied  and  collected  in  the 
s»me  m-inner  and  at  the  same  time  that  the  general  taxes 
of  the  city  are  now;  hut  no  such  tax  shall  he  levied  or 
rol'eited  ill  any  year  when  there  shall  remain,  from  the 
taxes  assessed  lor  such  purpose  f(»r  any  previous  jear  or 
years  and  collected  and  paid  into  the  treasury  and  unex- 
j)ended,  for  the  purpose  of  such  schools,  a  sum  of  money, 
that,  in  the  estimation  of  the  board  of  guardiar.s  of  such 
scluxd,  shall  be  deemed  sutficient  tor  the  su]»port  of  the 
reform  school  for  such  year. 

§   -.     The  reform  school  now  established  bv   the  ordi-  _  . 
nance  ot  the   common    council  of  the  city   of  Cliicago  is    iii..ri7.c.i       to 

11.11  1  I  1  111  .ii-ii-        iiiiioiiil  ibo  ordi- 

lereby  declareu    to  have    been   and    to   be   established   in    Lance. 

conformity  with  the  provisions  of  the  said  sixty-second 
section  mentioned  in  the  foregoing  section;  and  the  said 
ordinance  and  llie  amendments  tin  reto  are  hereby  contin- 
ued ill  force  and  effect  until  altered,  changed  or  amended 
by  said  common  council;  and  the  said  common  council  is 
hereby  authoiized  to  alter,  change,  amend  or  repeal,  in  its 
ojition,  the  said  ordinance  at  any  and  all  times  when  it 
shall  seem  proper;  biu  not  so  as  to  contravene  any  pro- 
vision contained  lierein  or  any  laws  of  the  state  now  or 
hereafter  existing. 

6   o.     Each  and  all  courts  having  criminal   jurisdiction  „ 

.1  /-  /-(        1  111-  Porsnns     to     b« 

in  ine  county  of  Cook  and  eacti  and  all  police  magistrates  m utonred  to  re- 
in the  city  of  Chicago  shall  sentence  to  the  said  reform  '*""  "•"*'• 
school  every  male  under  the  age  of  seventeen  }ears  and 
over  the  age  of  six  years,  who  shall  be  convicted  beloie 
such  court  or  magistrate  of  vagrancy  or  of  any  offence 
punishable  by  law,  by  fine,  or  imprisonment,  and  who  th© 
said  C)urts  or  police  magistrates  shall  be  of  opinion 
would  be  a  fit  and  proj)er  subject  for  commitment  to  said 
reform  school;  and  an  order  to  such  effect  shall  be  entered 
of  record  in  the  proceedings  (>f  said  court  or  magistrate; 
and  thereupon  it  shall  be  the  duty  of  said  court  or  magis- 
trate, by  a  warrant  in  due  form  of  law,  to  commit  such 
boy  to  said  reform  schoi.l,  and  all  warrants  of  commit- 
ments of  such  boys  shall  express  the  crime  or  complaint 
for  which  such  commitment  is  made  and  the  age  of  the 
boy;  but  no  such  warrant  of  commitment  shall  be  consid- 
ered bad  for  want  of  furin  or  techniculit} ;  and  tie  same 
may  be  directed  to  the  sheriff  or  any  constable  of  Cook 
county,  or  of  the  city  of  Chicago,  who  shall  execute  the 


1*<57.  652 

same  ami  diliver  the  boy  or  b  >ys  nainoil  in  such  warrant 
to  thf  sn|teriiit«Mnlent  of  the  reform  school  with  the  war- 
ran';  Ami  lor  such  services  shall  be  paid  the  same  fees 
ami  it)  ihe  same  manner  a<  are  now  j)ro\  iilcd  in  ca.^c*  of 
llie  commitment  of  a  eriminal  to  the  Cook  county  jail  f()r 
a  mi"*ii»ineanor  or  offiuce  j)anishable  by  impriionment  in 
the  county  jail. 
pi»-ija>«#o*th«  ^  4.  Each  anil  every  boy,  above  the  age  of  six  years 
rmtrm  it^'Mi.  ^^^^j  ,,,^^j^p  (1,^  ;,ji,f  oi  Seventeen  years,  who  shall  be 
legally  conimitteil  to  said  school,  a*?  provided  in  the  fore- 
goiii<;  section,  shall  he  kept,  disciplined,  instructed, 
employed  and  governed  under  the  direction  of  the  board 
of  ^uardiins  of  said  school  until  he  be  *>ither  reformed 
ami  ili>:char^ed,  or  be  bound  out  by  said  guardians,  or 
until  he  shall  have  arrived  at  the  aijje  of  twenty-one 
Vfar?.  And  all  commitments  to  said  reform  school  shall 
be  to  such  effect  and  need  not  express  the  time  for  wliich 
suih  boy  shall  be  committed;  and  the  said  board  of  guar- 
dians are  hereby  clothed  with  the  sole  power  to  discharge 
any  boy  or  boys  from  said  reform  school  who  shall  have 
bet'ii  or  may  hereafter  be  legally  committed  to  such 
r«  form  school  and  such  power  of  discharge  shall  rest 
solely  with  said  board  of  guardians  and  with  no  other 
person  or  body  politic  or  corporate;  but  it  shall  be  the 
duty  of  the  said  board  of  guardi<»ns  and  they  shall  have 
power  to  return  any  boy  to  the  authorities  of  the  county 
or  city  from  which  any  sueh  boy  may  be  or  shall  have 
been  received,  whom  the  said  guardians  may  deem  to  bo 
an  improper  subject  for  their  care  and  management,  or 
who  shall  be  found  to  be  incorrigible,  or  whose  contin- 
uance in  the  school  they  may  deem  prejudicial  to  the 
management  and  di<!cijdine  tliereof,  or  who,  in  their 
judgmi-nl,  ought,  for  any  caii-^e,  be  removed  from  taid 
school;  and  in  every  such  case  it  .shall  be  the  duty  of  said 
guardians  to  transmit  to  the  court  or  magistrate  by  whom 
the  said  boy  was  committed  to  said  school  a  statement  of 
Ihe  rea<»on<  for  said  discharge;  and  it  shall  be  the  duty  of 
the  authoritH'S  of  the  city  or  county  to  wlimn  such  boy 
sliall  be  returned  to  produ'^e  such  boy  before  th(*  court  or 
magistrate  by  wh«»m  such  boy  was  committed  as  soon  as 
the  same  can  rea«onably  be  done;  and  such  court  or 
magistrate  shall  have  ,iower,  thereupon,  to  make  such 
order  and  liave  such  proceedings  as  would  havj;  been 
legnl  in  the  firit  instance  and  as  would  have  been  made 
or  had  in  case  said  boy  had  not  been  siMit  to  said  relorin 
school. 
A«twitf  a<  «h.  §  •'•  Said  guardians  shall  have  power  to  bifid  out  all 
J^^*^^, ';' bo)«  committ»'d  to  theif  charge,  for  any  term  of  time, 
»iM  /,-,'.  •>!  iintit  they  fihall  have  arrived  at  the  age  of  twrnty-onc 
yearf|   '^»  apprentices   or  servuntS)  to  uny   inhabitant  of 


653  ISr.T. 

this  state;  and  tli*  said  guardians  and  master  or  mistress, 
apprentice  or  servant,  shall,  resjiectivel},  have  all  the 
rights  and  privihges  and  be  suhjett  to  all  tl'e  duties  set 
forth  in  chaj>ter  Oih  of  the  K»  vised  Sta'ntes,  entitled 
"Apprentices,"  in  the  same  manner  as  if  said  l)indifi(»  or 
a])j)renticin«j;  were  made  hj  any  two  oversters  ol  the 
poor  or  by  the  major  or  any  two  alut  rmen  of  nnv  citj; 
and  the  same  clauses  and  provisions  required  to  be 
inserted  in  the  in<<entures  of  ajiprentices  in  such  case8 
shall  he  inserted  in  all  indenlurts  that  iriay  be  t  xecwted 
by  the  said  guardians.  IS'o  person  r«ceiving  an  apprentice 
under  the  provisions  of  this  act  shall  be  at  libeity  to 
assign  or  transfer  the  indenture  of  a|)prenticeshi]>,  with-  mrtentnrM  m 
out  the  consent,  in  writing,  of  said  guardians;  and  in  case  spi'reuticMbiv. 
the  tnaster  or  mistress  uf  such  apprentice  shall  be  dissat- 
isfied wiih  his  behavior  or  tor  any  other  cause  may  desire 
to  l)e  relieved  from  said  contract,  upon  application,  said 
guardians  may  in  their  discretion,  cancel  the  said  inden- 
ture and  resume  the  charge  and  management  of  such  boy, 
and  shall  have  the  same  power  and  authority  in  regard  to 
him  as  before  such  indenture  was  made;  and  if  any  nias- 
tt  r  ur  mistress  shall  be  guilty  ot  any  cruelty,  misusage,  Linbiiiiics  tr 
refusal  or  neglect  to  furnish  necessary  provisions,  clothing  nia-tcrs  aat 
or  any  otiier  violation  ot  the  terms  of  the  indenture 
towards  any  boy  so  bound  to  service,  such  boy  may  make 
comj)laiut  to  the  board  of  guardians  of  said  school  or  to 
any  court  or  magistrate,  having  j)ower  to  commit  bo}  s  to 
said  school,  who  shall  thereuj)on  summon  the  parties 
before  said  court  or  magistrate,  and  examine  into,  hear 
and  determine  said  complaint;  and  if,  upon  examination, 
such  complaint  shall  ajjpear  to  be  well  founded,  such 
court  or  magistrate  shall,  by  certificate,  under  seal,  dis- 
charge such  boy  from  all  obligations  of  future  service 
and  restore  him  to  said  school,  to  be  managed  and  taken 
care  of  in  like  manner  and  with  the  same  powers  as 
before  such  indenture,  and  a  right  of  action  shall  imme- 
diately accrue  against  such  master  or  mistress  as  for  a 
violation  of  tlie  covenants  of  such  indenture.  Tjpon  the 
death  or  removal  from  the  state  of  Illinois  of  an}  master 
or  mistress,  to  whom  any  boy  may  be  bound,  as  aforesaid, 
the  executors  or  administrators  of  such  master  or  mistrtss 
that  may  have  so  deceased,  or  said  master  or  mistress,  in 
person,  who  are  about  to  remove,  with  the  consent  of 
tiie  boy  so  bound  to  services,  signified  in  a  wiiHng, 
acknowledged  and  approved  by  the  said  guardians,  may 
assign  the  indenture  or  contract  of  service  to  some  other 
person;  which  assignment  shall  traiisfer  and  vest  in  such 
assignee  all  tlie  rights  of  the  original  master  or  mistress, 
and  also  mrfke  the  assignee  subject  to  all  the  obligations 
of  such  original  master  or  mistress.     And  it  shall  be  the 


Tt»»«fcf    et  t\«i 


1857.  654 

tluiy  *>l"  every  person  to  whom  any  boy  is  so  apprenticed 
as  atiresaiil  to  renort  to  saiil  i»uar(lians  as  o\Wn  as  (Mice 
in  rath  )  t-ar,  aiul  at  all  oilier  times  wlu>ii  iii(|oire(l  ot  I)}  said 
guafvliaiis,  tlie  ooiuliiot,  l>'*liavior,  ooiulitioii  am)  healtli  of 
sui-li  apprentice,  and  wlu'tlier  sucli  a|)|)rentice  is  still 
living;  wit»»  liiin  or  tlu-iu,  and  if  not,  where  such  appren- 
tic«'  may  be,  ami  such  other  facts  with  regard  to  such 
apiircrulice  as  may  be  iniportaitt  lor  said  guardians  to 
kmiM*. 

^  G.  Ill  ea<o  a  reform  sdiool  or  schools,  or  other  insti- 
tution of  a  like  cliaracter  and  for  a  like  purpose,  should 
•rh*>t  to  M*  r  j^.  ^1  .  |j,j^^  ^jy  established  by  the  state,  as  a  state  institu- 
•k«a  •»uv-  tioi»,  the  ooininon  council  of  the  City  ol  Chicago  are  hereby 
au(li<in/ed  and  empowered  to  remove  and  transfer  to  such 
state  iiisiilution,  ai  •■'oon  as  the  same  sliall  be  inopeiation, 
or  at  any  lime  thereafter,  nil  the  bovs  tluit  may  at  such 
lime  be  in  the  Chicago  reform  school,  aiut  therealUr  all 
such  boys,  so  removed,  and  all  t)tlier  bo)s  that  may  at  any 
tim^"  thereafter  be  sent  to  the  Chicago  reform  school,  or 
thai  tljc  boaril  of  guardians  of  sain  Chicago  reform  school 
Wool  1  tith'^rwise  be  aiiihori/ed  to  taLe  and  receive  into 
the  Coijago  reform  school,  siiall  be  sent  to  and  received 
and  tdkfii  by  such  slate  retorfn  school,  and  shall  be  under 
the  control,  guardianship  and  custody  of  the  bo  ird  of 
giMrdians  ur  other  governing  board  of  such  state  reform 
■  ohool  or  iitslitulioii,  in  the  same  way  and  manner  and  to 
ll«e  same  exl«  n',  in  all  ies|)ei-ts,  as  if  such  boy  and  bo}S 
had  t)«-in  nt-nl  «)r  sentenced  to  such  slate  reform  school  or 
iu4lilulion  in  the  hrsl  instance,  and  agreeably  It)  lh«  law 
or  lawi  tiiat  may  be  or  have  been  for  huch  case  made  and 
prui  nied.  Stich  removal  and  removals  of  such  boys  from 
•aid  C  licago  nform  school  to  such  stale  reform  school,  or 
other  ^miliar  iri<<tilution,  shall  be  made  under  the  diiection 
of  llie  ma)  or  and  (M»mmon  council  of  the  city  ol  C'hicago  ; 
and  any  police  officer  or  constable,  one  or  more  ot  said 
city  «'f  Chicago  tliat  may  be  directed  by  said  mayor  and 
common  council  to  make  such  removal,  are  hereby  clothed 
with  the  same  power  to  lake  such  boys  through  any  county 
in  lh<-  state  and  tJ»  liv<r  such  b<»)  s  to  such  staN;  r*  form 
fcliool  or  other  insiitulion  e-itabli^lied  for  similar  piir|)ose9 
iif  a  oheriti'  now  hat  hy  law  to  remove  a  con\  ict  from  tho 
Co<iiity  wiiere  convicted  to  the  state  petiitentiary. 

&  7.  liy  permi«sion  of  the  coinmon  council  of  the  city 
of  (Jhiciig  ),  male  juvenile  delimjuefits,  betw«en  tin;  ageS 
of  dm  )«;ir«i  aid  seventeen  years,  that  may  he  proper  snh- 
jfctf  |i*r  Maid  reform  Mciiool,  muy  in  like  niHnn<  r  ah  herein- 
l»«;(orr  pru\ided  lor  in  the  caie  of  male  juvenile  delin- 
c|ucnlii  III  naid  city  uf  Chicago,  be  sentenced  by  any  court 
ol  criifiinal  j>iri<dicUoi ,  of  poli-e  magistrate  or  police  jus- 
tice, in   nil)  e<)un»yf,,-  CI')    of   ihii   Mate,  to  Paid    Chicago 


tu  be  l>uriio. 


655  1857. 

reform  school,  sii^jpct,  however,  to  sucli    rules  and  n-s-ii-  Munnor m which 
latioiis  lis  the  said  rominoii  council  may  establish;  aud  the,     •->»  m  mhooi 
expense  at  said    school  of  such    hovs  so    conunitlfd,  sliall 
be  rtspectively  borne   and    paid  by  the    counties  or  cities 
where  such  hojs  may  be  respectively  convicted. 

§  S.     This  act  shall  take  eifectand  be  in  force  from  and 
after  its  ]>assam. 

Ari'RovKD  Feb.  14,  1857. 


AN  ACT  to  incorporate  the  Ridgely  Encampment,  No.  9,  of  I.  O.  O.  F.   Feb  li,  18«. 

Sfction  1.      Be  il  enacted  hy  the  pcDjite  of  the  sliite  of 
Illifii'is,  rrpre^efittd  in  th .'  deneral ^isse-   h/i/,  TliHi  Uid^ely 
Encampment,  No.  H.  of  I.  O.  O.  F.,  of  the  town  ol  Jack-  ptyip of  i^coII>^ 
sonville,  Illinois,  he  and  the  same  are   hereby  constituted 
a  body  corporate  and  politic,  by  the  name  and  st^le  alore- 
said,  and  may,  by  tliat   name  and    style,  sue  and    be  sued, 
plead    and    be    impleaded,  and    be   capable  of  purchasinj^, 
holdi.i^  and  conve}ing  real  and  personal  properly,  for  the 
use  of  said  encanipment    and  lor   none   other:   Pruvittid^  Amount  of  pro- 
that  said  corporation  shall  not  hold  property  to  an  amount    veny  »iiow«d. 
exceeding  twenty  thousand  dollars. 

§  2.  For  the  j)Uijiose  of  carrying  [into]  effect  the  xriuteM. 
objects  of  this  act,  Isaac  S.  Iliclvs,  Pliilcmun  \\.  Price, 
Robert  D.  Landers,  Samuel  T.  Crawlty  and  Joseph  O. 
King,  be  and  are  hereby  constituted  trustees,  to  act  in 
the  name  and  for  and  on  behalf  of  said  encampment,  under 
the  provisions  of  this  act,  and  until  their  successors  are 
elected  or  are  appointed  by  said  encampment  ;  which 
trustees  and  their  successors  shall  act  lor  and  on  behalf 
of  said  encarnj>men(,  in  exercising  all  the  powers  given  by 
this  act  to  said  corporation. 

§  o.     Said  corporation  shall  have  power  to  make  such  RpgnimioM    ar 
by-laws  aud  regulations  as  they   think   necessary  for  the    ""  *"^^* 
government  of  their  concerns,  not  inconsistent   with  the 
constitution  or  laws  of  this  slate  or  the  United  States,  and 
may  increase  the  number  of  trustees  to  seven,  but  no  more. 

Approvbd  Feb.  14,  1857. 


1S57.  csa 


r^.  I4i  iser: 


•in* 


AN  ACT  to  incorpoiatf  the  city  of  Dixon. 
Artklk  I. — Of  Boundaries  and  Ucncrul  Ptnrers, 


Skction  1.  He  il  enact ed  ht/  the  people  af  the  !if,ite  of 
IlUmusy  represented  in  the  deneral  *'lsstinhly^  Tliat  the 
iiiliabitants  of  the  town  of  Dixon,  in  the  county  of  Lee^ 
ant)  state  of  Illinois,  he  and  they  are  herehy  constituted  a 
b'wly  poliiio  atiti  oor|u»rate,  by  the  natne  anil  st)h'  of  "The 
City  of  l)i\on  ;"  ami  l)\  that  name  shall  ha\  e  perpetual 
Jtiieeession  ;  inny  sue  and  he  sued  plead  aiul  he  impleaded, 
in  a  1  Court!*  of  law  and  equity;  and  may  have  and  use  a 
common  seal,  and  alter  the  same  at  pleasure. 

^  "J.  All  the  territory  i  mbraoed  within  t\ie  following 
limit*,  to  wit:  The  west  ha  of  sectiitn  numher  (I)  four, 
all  ofst-eti'Ui  numher  (.">)  fi\  e  .so  nnieh  of  the  east  half  of 
seetion  numher  (H)  siv  as  lies  south  of  the  niiddlo  of 
Rock  river — all  being  in  township  number  (-1)  twenty- 
one,  of  range  nuiuher  ('.•)  nine  east  of  the  (4)  fourth  prin- 
cipal meridi.it) ;  and,  also,  all  of  section  (^IJ)  thirty-two, 
the  w»st  half  of  the  noitliwest  quarter  of  section  nunibcf 
(:i3)  'hirty-three,  and  the  southwest  (|Uarter  of  said  sec- 
tion number  (;');'))  thirty-three — ail  in  township  number 
(22)  twenty-two,  of  ran^e  numher  (*.')  nine,  aforesaid. 

^  '.\.  Whenever  any  tract  of  land  adjoiniuf;  the  city  of 
Dixon  shall  be  laid  off  into  town  lots  and  duly  recorded, 
as  rrquir«'d  by  law,  tin-  same  shall  he  annexed  to  and  form 
a  pari  of  «aid  eit)  ;  and  all  parcels  of  l.iiid  within  the  afore- 
li:ti<l  boundaries  and  beyond  the  jiresent  boundaries  of  the 
said  corporation,  that  exceed  iu'extent  ten  acres,  shall  be 
exempt  from' taxation  for  rit^  revenue,  until  the  same 
shall  lie  subdividi-d  into  lots  of  ten  acres  or  l«'ss  ;  and  each 
lot,  wlirn  "lo  dividrd,  shall  be  taxed  as  other  city  lots. 
And  thii  same  provi<<ion,  as  to  taxaticui,  shall  extend  to 
all  parcfls  t)f  land  within  the  city  limits,  until  the  same 
ihall  be  ilivjded  into  lots  of  ten  aeres  or  less. 

^  1.  The  inhabitants  of  said  city,  by  the  name  and  stylo 
TsMr'^'*-'^  aforesaid,  shall  have  power  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  defend  and  be  defended,  in  all  courts 
of  Itw  or  equity,  a;.d  in  all  actions  whatever;  to  pur- 
ch««e,  reeeive  and  hold  pro|ierty,  both  real  and  |)tTSonal, 
within  said  city,  and  to  purchase,  reoMve  and  hold  ])ro- 
perty  beyond  the  city,  (or  burial  grounds  and  for  other 
purpove;,  for  the  us«;  of  the  inhaldtanls  of  said  ciiy  ;  to 
•rll,  l»'««e  8ttrl  convey  or  disjiose  of  prop«'rly,  real  or  per- 
sonal, kiid  do  all  other  things  in  relation  thereto  as  natural 
piTion*. 

Aui  iri.l.   II. 

5  1.     Thr>ri- «ha!l  be  a  city  Council,  (o  consist  of  a  mayor 
•.•ranwii.        ^jjj  j,Qgfj  of  uldcrmen. 


657  1857. 

§  2.     The  board  of  altlermen  sliall  consist  of  two  mem-  Auormen. 
bers  from  each  Wdrd,  to  be  chosen  by  the  qualified  voters, 
for  one  year  and  ui»til  others  sh:ill  be  legally  (lualified. 

^  o.  Nj  per'Joii  shall  be  an  aldernirtii,  iimVsg,  at  the 
time  of  his  election,  he  shall  have  resided  within  the  limits 
of  the  city  one  year  immediately  preceding  his  election, 
and  shall  have  the  requisite  (jnalifications  to  vote  fur  state 
officers,  be  a  resident  of  the  ward  for  which  he  shall  be 
elected,  and  a  citizen  of  the  United  Stales. 

§  i.  U  any  alderman  shall,  after  his  election,  remove 
from  the  wtrd  for  which  he  is  elected,  his  office  shall  be 
declared  vacant. 

§  5.  The  council  shall  jndpe  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  and  shall  determine 
all  C'>ntested  elections  under  this  act. 

^  t).     A  majority  of  the  council  shall   constitute  a  quo-  Q'onim. 
rum  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. 

§  7.  The  council  sha'l  have  power  to  determine  the 
rules  of  its  proceedings,  punish  its  menibers  for  disorderly 
conduct,  and,  with  the  concurrence  of  two-thirds  of  the 
members  elected,  expel  a  member. 

6  6.     The  city  council  shall  keep  a  journal  of  its  pro-  Jnnisi    to   k« 
ceedmgs,  and   from  time  to  time   publisli   the  same  ;  aud 
the  yeas  and  nay  s,  when  demanded  by  any  member  present, 
sjiall  be  entered  upon  the  journal. 

§  \).  All  vacancies  that  shall  occur  in  said  council  shall 
be  tilled  by  election. 

§  lU.  The  mayor  and  each  alderman,  before  entering  o»ik. 
upon  the  duties  of  his  office,  shall  take  and  subsciibe  an 
oath,  or  make  affirmation,  that  he  will  support  the  con- 
stitution of  the  United  Statts  and  of  this  stale,  and  well 
and  truly  perloim  the  duties  of  his  office,  to  the  bestol  his 
skill  and  ability. 

§  11.     Whenever  there  shall  be  a  tie  in   the  election  of  n*. 
an  alderman  anew  election  shall  be  ordered  immediately. 

§  1'2.  There  sliall  be  twelve  staled  meetings  of  said 
council  in  each  year,  to  be  held  at  such  time  and  place  as 
shall  be  fixed  by  ordinance. 

Article  III. —  Of  the  Mayor. 

§  1.     The  chief  executive  officer  of  the  city  shall  l'<'   a  M«r"%nng»h     » 
mayor,  who  shall  be  elected  by  the  qualified  roters  ol  the   '''"'^•' 
city,  and  hold  his  office  for  one  year  and  until  his  succes- 
sor shall  l>o  elected  and  qualified. 

§  1.     No  person  shall  bu  eligible  to  the  office  of  mayor 
who  sliall   not  have   been  a  resident  of  saiil   city  for  oue 
—64 


1^57.  Oos 

T^»r  next  preopt!in«»  lii'*  election,  or  wli  >  sliall  be  under 
twenty  one  years  ot  ai^e,  or  wlio  shall  not,  at  tlie  time  of 
lii«  election,  [be  a  citizen]  of  the  United  States  and  of  this 
state. 

^  ''\.  If  any  mayor,  diiiin.^  the  time  for  wliii-h  lie  shall 
liHve  been  elected,  remove  from  iho  city,  or  shall  he  absent 
from  the  city  for  the  space  of  six  months,  his  olHce  shall 
be  thereby  \  acate<l. 

^  4.  When  two  or  more  persons  shall  have  an  equal 
nuinoer  of  votes  for  mayor  a  new  election  shall  be  ordered 
forthwith. 

^  f)  Whenever  an  ele-tion  of  mayor  shall  be  contested 
the  city  council  shall  determine  the  same,  as  may  he  pre- 
scribed by  ordinance. 

§  G.  Whenever  any  vacancy  shall  happen  in  the  office 
of  mayor,  it  shall  bo  tilKd  by  an  election. 

Articlk  IV. — Of  Elections. 

§  1.  On  the  first  Tuesday  of  April  in  eacb  year  an 
election  shall  be  held  in  each  ward  of  said  city  lor  one 
mayor  f'>r  the  city,  and  two  aldermen  lor  each  ward — such 
altlermcn  to  be  elect*  d  hy  the  vi.ters  of  each  ward  sejta- 
ratt-l\  ;  and  on  the  third  Tuesday  ot  .\piil  in  every  fourth 
year  thereafter,  there  shall  be  an  election,  for  one  police 
magi:itrute  ot  Sdid  city:  Pruvidul,  that  should  this  char- 
ter not  have  been  accej»ted  before  the  said  third  Tuesday 
of  .\pril  n»xt,  then  the  .••aid  election  hhall  be  held  on  the 
third  Tuesday  of  the  month  of  April  next  alter  it  shall 
have  been  accepted. 

h  "1.  All  male  inhabitants,  over  tlie  a^e  of  twrnty-one 
year<i,  who  are  entitled  to  vote  for  state  officers,  and  who 
shall  have  been  actual  residents  ot  Raid  city  ninety  days 
next  preceding  said  electiofi  and  of  the  ward  in  which  he 
•  hall  vote  f<»r  ten  d»)s  n»  Xt  prert-din^  said  electioi.,  hhall 
be  entitled  t ')  vot«'  lor  city  officers  :  Vrinuhul^  that  said 
voter*  ithall  fjive  th»-ir  votes  in  the  waril  in  which  they 
•ball  re»peclively  r^fiiide,  and  in  no  other. 

Articlk   V.—  (>J  the   l.i f^islatirr   J'or/urs  of  (lit-    City 

I'l/KIIVll. 

^  1 .  The  city  cntmcil  shall  ha\e  power  and  authority  to 
levy  and  collect  tax"»  lor  city  purposes,  tipon  all  proper- 
ty, real  and  personal,  exce|)t  as  lierejnaftre  excepted, 
within  th»«  limits  of  the  city,  not  exceeding  one-half  (dono 
per  cent,  per  nnnum  upon  the  a^sesserl  value  thereof,  and 
may  enforce  the  p;iwiient  of  the  same  in  any  manner,  to  he 
pre* -riberl  hy  f  r«linance,  not  repn^nanl  to  the  conslittition 
of  the  United  States  or  of  this  Ntate. 


659  1857. 

§   2.     The  city  council  sliall  have  power  to  appoint  a  town  omrtrp. 
clerk,  treasurer,   assessor,  street  comini-tsioner  or   ••••m- 
missioHers,  marshal  and  all  such  other  utficers  as  they  may 
deem  necessary. 

§  ;>.     The  city   council  shall  have   }>ower  to  require  of  omci.i  bonda. 
all  officers  appoiuted  in  |»ursuance  ot    ihis  charter,  t)onds, 
with  penalty  and  security,  for   the   laithlul  perlorniance  of 
their  respective  duties. 

^  4.      The  city  council  shall  have  power, 

First — To    establish,    support     and    regulate    common  Shtoin. 
schools. 

Sicmul — To   appropriate   money,    and   provide    for  tlie  Kxpenie«ofei»r. 
paynunt  of  the  d»  bts  and  expen^ies  of  the  city. 

Third — To  borrow  money,  on  the  credit  of  the  city  :  t»  i.,rrow  mo- 
Provitledy  that  no  sum  or  sums  (f  money  shall  he  borrow-  "'"'* 
ed  af.  a  greater  rate  ol  interest  than  ten  per  cent  per  an- 
num; nor  shall  the  interest  <»n  the  agn  ggate  of  ail  ti.e  sums 
borrowed  and  outstanding,  at  any  one  time,  e^t  i  ex<e-d 
one-half  of  the  city  revenue  arising  fiom  taxes:  Prm  id<  d^ 
further,  that  no  such  loan  shall  be  made  unless  tlie  vo- 
ters i)(  said  ci'y  shall  have,  at  some  section  [election,] 
decided  in  favor  thereof.  - 

Fiiitrth  —  To  make  regulations  to  prevent  th  '  introdac- 
tion  into  the  ci^y  itf  contagious  diseases,  and  for  that  p'lr- 
pose  to  make  quarantine  laws,  and  to  enforce  the  same,  in 
all  places  within  five  miles  of  the  city. 

Fifth — To  tstabiis^h  hospitals,  and  make  regulations  for  nosi-itaj*. 
the  government  of  the  saine. 

Sixth — To  make  regulations  to  secure  the  general 
lieahli  of  the  inhabitant.^;  to  declare  what  shall  be  a  nui- 
sance, and  to   prevent  or  remove  the  same. 

Seventh — To  provide   the  cit)  with   water;  to  erect  hy-  cny  waterw.rkt 
drants   and    pumps,    build  cisterns    and    dig    wells    in  the 
streets,  alleys  or  public  {"(juares,  for  llie  snj)ply  ol   engints 
and  buckets. 

Eighth — To  open,  alter,   aboli.sli,  widen,  ext«nd,  estab-  inii>"Tcraen»  «f 

1*1  I  ^i--  li  •  •        Mreuu. 

nil,  grade,  pave  or  otnei  wise  improve  and  keeji  in  repair 

streets,  avenues,  lanes  and  alhjs,  sidew  alk.*-,   (liniis   and 

sewers. 

A'lntli — To  establish,  erect  and  keep  in  rep-tir  diidgrs. 

Ttntk  —  To  divide  the  city  into  wanls,  altei  the  boun- 
darits  thereof,  and  erect  additional  wards  as  occasion 
may  require. 

FAi  vtuth — To  establish,  support  and  regulate  night 
watches. 

Tue/fth — To  jirovide  for  lighting  the  streets,  and  erect-  i-'ihun«ciijr. 
iiK^  I'imp  posts. 

Thirteenth — To  erect  market  housfs;  to  establish  mar-  M»ikei  luuim 
kets  and    market  places,   and  pro\nle  tor  the  regulation 
thereof. 


T«W^">«  hiM«t, 


185T.  660 

Fourffenth — To  provitlo  all  noodful  hiiildings  for  the 
u?e  ol"  the  city. 

Ftflrenth — To  provide  for  inolosinp,  improving  mid 
regulating  all  jmhl  »«  yroiinds  belonging  to  the  city. 

Sirfcenth — To  1  (M-nse.  tax  atul  regulate  anctior.eers, 
merchants,  ped  Hers,  retailors,  grocers,  taverns,  ordina- 
nc.-,  i>M>»»«  I*,  h«\vk«  IS,  I'liu  nbidkcrs  and  inoi  vy  chai.gers. 

Srt'fu't  riit/i — To  license,  tax  and  regulate  hacks,  car- 
ria*;*"*,  wai^«»ns,  carts  and  drays,  and  to  fix  the  rates  to  ba 
chHrut-d  f«)r  the  carriage  of  persons  or  property. 

hl:'^lilt tufh  To  license  and  regulate  porters  and  the 
ratt'^  of  pnrt«'r;isTe. 

,\'iiitituih — To  lice:ise,  regnlato  and  tax  theatiical  anil 
other  exiiibilions,  shows  and  anuiscnients. 

Twrntirlh — To  restrain,  regulate,  pri>liibit  and  5n|>prrs3 
tipplinj*  house",  dram  slioj)s,  gambling  house?,  bwwdy 
hou»«  >  and  other  <lisorder!y  houses,  and  the  selling  or  giv- 
ing iiway  o(  any  intoxicating  or  malt  licpiors,  by  nny  per- 
son, witl.in  the  city,  exct'pt  by  persons  duly  lictnsec';  lor 
wbitli  licenses  saiil  council  sha.l  fix  tl  e  sum  to  be  piiid  — 
the  Same  to  be  not  less  than  iifly  dollars  nor  more  than 
thre*'  hundred  dollars  per  annum;  and  shall  i<sue  the  same 
uj)on  t.ie  party  applying  therefor  p.iung  said  license  nio- 
ne)  and  executing  and  clelivering  to  said  city  a  bond,  with 
sc'  nritv,  to  be  approved  bv  said  council  or  by  tlie  judge 
of  the  circuit  court  of  saitl  county,  in  tlu^  penal  sum  of  one 
thousand  dollars,  conditioned  for  the  keeping  of  an  order- 
ly bouse  and  obedience  to  all  legal  rcfpiirements  of  said 
conn-d  —  a  breach  ol  which  bond  shall  work  a  forfeiture 
of  »ucb  license. 

Timtlif  first — To  provide  for  the  jtrevrntion  and  ex- 
tingui-ibmj-nt  of  fires;  to  organize  and  establish  fire  eono- 
par.i"  ',  and  to  regulate  or  prohibit  the  erection  of  wooden 
buildings  in  any  part  or  parts  of  the  city,  within  certain 
limiis-,  fixed  by   ordinance. 

'I'll  cntystcimd — To  n-guhite  chimneys,  flues  and  stove- 
pipes. 

Tutnhf -third — To  regulate  the  storage  of  gunpowder, 
tar,  pitch,  rosin   and  other  combustible  materials. 

Tnrnt  if 'fourth — To  regulate  and  order  parapet  walls, 
and  partition  fence.",  and  rp.slrain  cattle,  hog«,  sheep  und 
drg*  from  running  lit  large. 

J't)  •  nh/fijlh  —  'J\»  establish  standartl  weights  and  mea- 
fiirrfl,  and  regulate,  the  w«  iybts  and  measures  to  be  used 
in  '111  «  ity,  in  all  cases  not  oil. ei  wine  provided  f(»r  by  law, 
und  to  cause  all  laws  on  the  »ul>jent  to  bo  enforced;  and  to 
fi»  iiu  !  ihJ.jrc-  I'a^mcnt  of  fincti  for  noncompliance  with 
any  njcii  ortier. 


r*4«xu 


661  1857. 

Twenty -sii Ih — To  provide  for  tlie  inspection  and  mea- 
suring ot  lumber  and  otiier  building  inatt-rialsj  and  lor  the 
measuring  of  all  kinds  of  tneclianii.';il  woik. 

Tirenli/ •set'tnlk — To  provide  f»r  tli--  in-Jpei'tidn  and 
weigliing  of  liay  and  stunecoal,  t'le  inea>ureui<'nt  of  cliar-' 
coal,  tire  wood  and  other  fuel,  to  be  SolJ  and  u!)ed  uithin 
the  city. 

7\ointi/-ctgfiih — To  regulate  the  inspection  of  beef, 
pork,  ll  >ur,  uu-al  and  whisky,  in  barrels,  and  of  butter, 
lard  and   other  provisions. 

Twt7iti/-ninth — To  regulate  the  size  of  bricks  to  be  sold 
aod  used  in  the  city. 

Tliirlittli — To  provide  for  talcing  enumerations  of  the  in-  c«n.a*. 
habitants  of  the  city. 

7'/iir/i/Jirsl — To  regulate  the  election  of  city  officers, 
and  to  |)rovide  for  removing  from  office  any  person  hold- 
ing an  office  created  by  oriJiiiance. 

Tliirty-secDud — To  fix  the  compensation  of  all  city  offi- 
cers, and  regulate  the  fees  of  jurors,  witnesses  and  others, 
for  services  rendered  under  this  act  or  any  ordinance  made 
in  pursuance  thereol;  PrytvVA  ^/,  that  the  city  council  shall 
serve    witliout   compt-nsation. 

Tkirtij-third — To  organize  and  regiilate  the  j)olice  of  ''<''»«•• 
the  city;  to  impose  fines,  forfeitures  and  penalties  for  the 
breach  of  any  ordinance,  end  to  provide  for  the  recovery 
and  appropriation  of  such  fines  and  forfeitures,  and  the 
enforcement  of  such  penalties;  and  all  moneys  collected 
under  and  by  autiiority  of  any  city  ordinance  shall  be 
deemed  and  taken  to  belong  to  said  city,  and  c^i^posed  of 
by  the  city  council,  under  tlie  ordinances  of  said  city,  for 
the  use  and  benefit  of  the  inhabitants  thereof. 

TInrtij  fi)urth — The   city  council  shall  have  exclusive  Piiii«r>i    ub)«« 
power,  within  the  city,  to  license,  tax  and  regulate  billiard    »^j^^ »>*'*' "•«»•- 
tables  and    bowlitjg   alleys;    and    to  regulate    the  speed  at 
which  horses  ro   other  animals  may  be  driven   or    rode 
within  the  city. 

Thirty -j'ljtU — Said  council  shall  liave  power  to  author-  uiii.  md  mui 
ize  the  construction  of  mills  and  mill  races,  and  feeders,    ""''*■ 
on  and  through  'he  river  streets,  at  such  places  and  under 
such  restrictions  as  they  shall  think   proper.  ' 

«i  o.     The  city  council  FJiall  have  power  to  make  ail  or-  oniiinnow. 
dinances  which  shall  be  necessary  and  proper  to  carry  in- 
to execution  the  powers  specified  in  this  act. 

§   0.     Tlie  stjle  of   the  ordinances    shall  be  "/if  it  or-  styit. 
dained  by  the  city  vounrit  tif  tlie  city  dJ  Dixdii.^^ 

§    7.     All  ordinances  passed  by  said  council  shall,  with-  futiicuan, 
in  one  minth  after  they  shall  have  been  passed,  be  publish- 
ed in  some  newspaper  in  tliecily.and  shall  not  be  in  force 
until  five  days  after  they  shall  have  been  so  published. 


1857. 


662 


•(     ml- 


f«rTt«» 


rrmttU. 


^  8.  All  ordinances  of  the  city  mny  he  ]iroven  hy  the 
5fal  »>f  the  corpt>rHtion,  and  when  printtd  in  hook  or 
|);un|>liU't  lorni,  and  jmrporting  to  he  printed  hy  authority 
of  the  corporation,  sluill  be  received^  in  evidence  in  all 
courts  and  places  without  further  ]>roof. 

§1  1'.  Tiie  city  council  shall  have  power  to  regulate  the 
speed  of*  runnint»  railroad  car>  or  locomotives  upon  any 
road  that  now  is  or  liereafter  may  he  huilt  within  the  lim- 
its of  the  city,  and  to  require  of  nil  railroad  compani»'S  that 
own  or  shall  own  any  such  road  to  construct  and  erect 
good  and  sufficient  crossings,  at  such  times  and  places,  on 
such  roads,  vrithiu  said  city,  as  may  be  directed  by  said 
council. 

^  l'>.  The  city  council  shall  have  power  to  suhscribe 
for  and  take  stock  in  any  bridge  to  he  built  within  the 
limits  of  the  citv,  or  in  anyroad  loading  from  said  city,  to 
be  I  or  strticted  by  any  company  incorporated  or  to  be  incor- 
porated r)r  such  pur|)oses:  Pracithd^  that  no  such  stock 
shall  be  taken  bv  said  city  unless  the  proposition  so  to  do,  con- 
taining a  statement  of  the  number  and  cost  of  said  shares  of 
8'ock,  shall  first  be  submitted  to  the  voters  of  said  city,  for 
their  aj»[)roval  or  rejection,  at  an  elec^tion,  to  be  held  for  that 
at  purpose,  after  twenty  days'  notice  thereof  shall  have 
been  giv»*n  by  the  mavor,  by  publication  in  one  or  more  of 
the  newspapers  published  in  said  city.  In  any  meeting  of 
said  inrorpiirated  Companies,  the  votes  that  the  city  shallbe 
entitled  to  may  be  cast  in  such  manner  as  said  council 
may  adopt,  by  ordinance;  such  ordinances  need  not,  how- 
ever, be  published  as  other  ordinances,  in  order  to  be  in 
force. 

^  11.  The  city  counril  shall  hn\e  sole  power  to  estab- 
lish fVrries,  license  and  regulate  the  same  within  the  lim- 
its of  said  city. 

A«TicLE  VI. — Of  the  Mitijor. 

Ij  1.  The  mayor  shall  preside  at  all  meetings  of  the 
council,  and,  in  case  of  a  tie,  shall  have  a  casting  vote, 
•  nd  in  no  other.  In  case  of  his  ,ibsence  from  any  meet- 
ing t.ie  board  of  ahlt-rmen  shall  appoint  one  of  their  own 
number  chairman,  who  sliall  j)reside  at  the  meeting,  but 
shall  not  thereby  loic  lii"«  riglit  to  vote  on  any  question 
before  th*-  board. 

fj  -.  The  mayor,  or  any  two  aldermen,  may  call  spe- 
cial moptifig^  of  the  city  council. 

§  '•'>.  The  mayor  shall  enforce  its  laws  and  ordinances, 
inspect  the  conduct  of  all  subordinate  officers  of  the  city, 
•no  rau«e  ncgli^fnce  or  vif)lation  of  duty  to  be  ]»rosecu- 
t*d  and  puniiln-d;  he  sIihII,  from  tiin*-  tf>  time,  communi- 
cate  to   the  aldermen   such   information   and    recommend 


\ 


663  1857. 

all  such  measures  as,  in  his  opinion,  may  tend  to  the 
improve'neut  of  the  finances,  the  health,  security,  comfort 
and  ornament  of  llie  city. 

§  4.  He  is  litrrny  authorized  to  call  ou  every  male  c»ii  »i<i. 
inhabitant  of  saiil  city,  over  the  age  of  eighteen  years,  to 
aid  in  enforcing  the  laws  and  ordinances,  and,  in  cases  of 
riots,  to  call  out  the  militia,  to  aid  him  in  suppressing  the 
same,  or  other  disorderly  conduct;  preventing  and  extin- 
guishing fire,  securing  the  peace  and  safely  of  the  city,  or 
in  carrying  into  effect  any  law  sor  ordinances;  an  1  any 
person  who  shrtll  not  obey  such  call  shall  forfeit  to  said 
city  a  fine,  not  exceeding  five  dollars. 

5   5.     He  shall  heve  power,  whenever  he  may  dfem   it  mit  rerinire  m- 
nece<?«ary,   to  require   ot  any  ot  the  orncers  ol  saiu  city 
an  exhibit  of  his  books  and  j)apers. 

§   t).      He   shall    iiave    |)ower   to   execute    all    acts    that  p«wer«. 
may    be   required  ol  him  by   any  ordinance   made  in   pur- 
suance of  this  act. 

§   7.     He  shall  also  have  s\ich  power  as  may  be  vested  rowers    outKide 
in   hiui  by   ordinance  of  the   city,  in   and   over  all   places,    •' '^"f «>•'»"<*" • 
within  five  miles   of  the   boundaries   of  the   city,   for  the 
purpose  of  enforcing  the   health  and   quarantine  ordinan- 
ces and  regulations. 

§  S.  In  case  the  mayor  shall  at  any  time  be  gnilty  of  m»ic induct. 
a  palpable  omission  of  duty,  or  shall  willfully  and  corrupt- 
ly be  guilty  of  oppression,  malconduct  or  partiality  in 
the  discharge  of  the  duties  of  his  office,  he  sliall  be  liable 
to  indictment,  in  the  circuit  court  of  Lee  county,  and,  on 
conviction,  shall  be  fined  in  a  sum  not  exceeding  two 
hundred  dollars;  and  the  court  shall  have  power,  on  the 
recommendation  of  the  jury,  to  add  to  the  judgment  of 
the  court  that  he  be  removed  from  office. 

§   0.     '1  he   mayor  shall   receive  such   compensation  for  coaipeiM«tio«. 
his  services  as  shall  be  provided  by  ordinance. 

Articlk  VH. — Proceedings  in  Spicial  Cases. 

§  1.  When  it  shall  be  necessary  to  take  private  pro-  xakinrc  prir»t« 
perty  for  opening,  widening  or  altering  any  public  street,  p"*'*'**- 
lane,  avenue  or  alley,  the  corporation  shall  make  a  just 
compensation  to  the  person  whose  property  is  so  taken; 
and  when  the  amount  of  such  compensation  cannot  be 
agreed  on  the  mayor  shall  caiise  the  same  to  be  ascer- 
tained, by  a  jury  of  six  disintt rested  persons,  freeholders 
of  the   city. 

§    J.     When  the  owners  of  two-thirds  of  the  property  oix-nnm or v»c«. 
on   any  street,  .'ane,   avenue   or   alley,  or  of  any    part   of  ^',"' ,*"*■•'•  '^ 
either,  j>roposed  to  be  opened,  widened,  vacated  or  alter- 
ed,  shall    petition   therefor,   the  city    council   may   open. 
Widen,  yacate  or  alter   such  street,  lane,  avenue  or  hlley, 


1?57.  664 


or  part  of  either,   upon   conditions   to  be  ]>re9cribed  by 
ortiiiiAnoe   lor  lliut  purpose. 
j,,^  ?;   :«.      All  jurors  in   such  cases,  sliall   first  he  sworn  to 

irxjuire  into  the  amount  of  btMu-fits  or  ilaiUM^es  which 
sIimII  happen  tht-rthv  to  the  owneis  of  prc.ptTlv  proposed 
to  he  taken,  ami  shall  return  to  the  mayor  their  iiupiest, 
in  writing,  and  signed  hj   «  aeh  juror. 

§   4.     In  ascertaining   the   amount  of  ompensation  for 
;c«  property  so  taken  the  jury  shall    take   into  consideration 
the  benefit  as  well  as   the  iijury  liHppenintj  thereby. 

$   '*>•      The    ma^(>r  shall    have    ixiwer,    for    pood    cause 
iVisMi.  shown,  within  ten   days  aftt-r  any   inquest  shall  have  been 

returntd  to  him  as  aforesaid,  to  set  the  same  aside  and 
cau<:e  a  new  inquest  to  he  made. 

&   •'».     The   venire   for   a  inrv,    in   any   case   under   this 
artiiMe,    shall    be    issued    by    any    justice    ol    th«^    peacOi 
residnii;  in  sai«i  city,  on  the  application  of  the  mayor. 
,__  §    7.       The  city  council  shall  liave  power,  hy  ordinance, 

to  levy  and  collect  a  S|)ecial  tax  on  the  holders  of  lots  in 
any  street,  lane,  avenue  or  alley,  according  to  their 
re«!pertive  fronts,  for  the  purpose  of  paviiifr,  gradinpf  or 
plaiikin<»  -jidewalk",  and  liolitini;  such  street,  lane,  avenue 
or  al!«-\:  Prmiiliil^  said  tax  sli.ill  not  exieeil  the  actual 
COS!  of  the  work  alone,  and  shall  be  collected  in  the  same 
inann»  r  a«  other  city  taxes. 
i«Ma>r»«  '•<•••  ^  ^-  "^''^  '**'"'  required  to  be  taken  for  the  making, 
>•  t.  1  t.'  r  opening  or  widming  any  street  or  otla-r  highway,  shall 
p(w(«>t.  "  '  not  be  apprnjiriated  until  the  liamages  awaided  therefor 
to  any  owner  thereof,  under  thii  act,  shall  he  paid  or 
tefidered  to  such  owner  <»r  his  agent,  or  in  case  the  said 
owner  or  hi"  8g»nt  cannot  he  found  in  said  city,  depoai- 
ted,  to  his  or  her  credit,  in  some  safe  place  of  de|iof>it, 
other  than  the  hainh  of  the  treasurer;  and  then  such 
land  rn«y  be  tak«-n  lor  the  purposes  aforesaid. 
rririiittufMM  ^  '•'•  ''  ^''*^  lands  and  hniidings  belong  to  dilfercnt 
persoiif,  or  if  the  land  be  subject  to  l»-ase  or  mortgage, 
the  ij'jiiry  done  to  the  dilferi-nt  persons  interested  may 
be  awarded  to  them,  separately,  by  the  jury,  less  the 
benefits  resulting  to  t!i«m,  respectively,  from  the  iniprovc- 
mentt. 

§  10.  The  city  council  shall  have  power  to  pass  ordi- 
nances for  carrying  into  effect  the  powers  in  reteience  to 
■  Irrils  and  otiier   highways  hereby  vestc<l  in  them. 

f  II.  Wh«(n  the  inr|ueNt  of  any  such  jury  shall  bo 
returned  to  the  major  he  shall,  unh-ws  a  new  inquest  bo 
ordered,  rej.ort  the  same  to  the  city  council.  The  clerk 
of  the  council  shall,  thereupon,  give  ten  days'  notice,  in 
•  nfwapiiper  printed  in  said  city,  tliat  the  said  inquest 
\  li««  bi-en  returned,  and  that,  on  a  day   to  be  named  in  said 

notice,  it    will   be    confirmed  by  the  city  council,  unless 


Ox«i*«<»'«i. 


I»^««i><  r*'.«n>«i 


665  1857. 

objections  are  made  by  some  person  interested.  Objec- 
tions may  be  lieard  by  the  city  council,  and  tlie  luaiinej 
may  be  a(lj>mrned  from  day  to  day.  Tlie  council  shall 
have  power,  in  tlieir  discretiori,  to  contliin  tbt*  assessment 
or  to  annul  the  same,  if  annulled,  all  tin*  jiroceedings 
shall  be  void;  it  confirmed,  an  order  of  confirmation  shall 
be  entered,  directing  a  warrant  to  issue  for  the  collection 

thereof,   as  provided   in  article of  this  chartt-r,   as 

near  as  may  be. 

§  1-.  Any  person  interested  may  appeal  from  any  Appeal, 
order  of  the  city  council,  for  opening  or  widening  any 
street,  alley,  public  ground  or  highway,  to  the  circuit 
court,  by  notice,  in  writing,  to  the  clerk  of  the  city 
council,  at  tiny  time  btfore  the  expiration  of  thirty  days 
after  the  ])assage  of  such  final  order.  In  case  of  ajipeal, 
the  city  council  shall  make  a  return,  within  thirty  days' 
after  notice  thereof;  and  the  court  shall,  at  the  next 
term,  after  return  filed  in  the  office  of  the  clerk  thereof, 
heaf  and  determine  such  appeal,  and  confirm  or  annul 
the  proceedings,  from  which  judgment  no  appeal  or  writ 
of  error  shall  lie.  Upon  the  tridl  of  the  appeal,  all  (|ues- 
tions  involved  in  said  proceedings,  including  the  amount 
of  damages,  shall  be  open  for  investigation,  by  deposi- 
tion or  oral  testimony,  a<ldressed  to  the  court;  and  the 
court  shall,  at  the  request  of  either  party,  call  a  jury  to 
determine  the  facts  in  controversy. 

§  lo.  In  all  eases  where  there  is  no  agreement  to  the  ptmii  to  p«or 
contrary,  the  owner  or  landlord,  and  not  the  occupant  or 
tenant,  shall  be  deemed  the  person  who  ought  to  bear 
and  pay  every  assessment  made  for  the  expense  of  any 
public  improvement.  When  any  such  assessment  she'll 
be  made  upon  or  paid  by  an)'  person,  when  by  agreement, 
or  by  law  the  same  oug'it  to  he  borne  and  paid  by  any 
other  person,  it  shall  be  lawful  for  the  one  so  paying,  to 
sue  for  and  recover  of  the  person  bound  to  pay  the  same 
the  amount  so  paid,  with  interest. 

Article  VIII. — Miscellaneomt  Provisions. 

§  1.     All  taxes  and  assessments  on  real  estit*»,  levied  cniipction 
or  assessed  by  the  city   council,  which  shall  not  be   paid    ''"**' 
within  the    time   fixed  by  ordinance,   shall  be  collected   in 
the  manner  specified  in  an  act  entitled  "An  act  to  amend 
the  charters  nf  the  several  towns  and  cities  in  this  state," 
passed  March  1st,  1>>.j4. 

§   2.     The  city   council  shall  have  power,  for  the  pnr-  nosdubcr. 
pose  of  keeping  the  streets,  lanes,  avenues  and  alleys  in 
repair,   to   require   every  able  bodied   male  inhabitaiit  in 
said   city,  over  the   age  of  twenty-one  years,  to   labor  on 
said   streets,   lanes,   avenues   and   alleys,  in  the  ward   in 


1857. 


6G6 


•t«ti 


kem^M  rufc^- 


which  he  resid**?,  not  exceeJin^  two  da^s  in  each  onJ 
evrry  >**«r;  ami  eviry  |>»T'«on  failing  to  pt^rlorm  such 
labor,  wlifn  duly  notified  hy  a  strft't  oonmussioiur,  shall 
forfeit  and  pay  i>in*  dollar  li»r  racli  day  so  n»'f^leottd  of 
refused;  the  same  to  be  expendeii  in  the  ward  of  tli« 
i>er<on  ?o  payint;. 

^  o.  The  inhabitants  of  said  city  are  hereby  exempted 
from  workinij  on  any  road  beyond  the  limits  o(  the  city, 
and  from  pa)iiig  »i>y  tax  to  procure  laborers  to  work  upon 
the  same. 

«5  4.  The  city  couneil  shall  have  power  to  provide  for 
the  iMini-ihment  of  otTenders,  by  imprisoi,inent  in  the 
cotitity  jiil,  in  all  cases  where  such  otienders  sluill  fail  or 
refuse  to  pay  the  fines  or  forfeilures  which  may  be  recov- 
ered a'jaiiist  them. 

§  o.  The  oity  council  shnll  cause  to  be  published, 
annually,  a  full  and  complete  statement  of  all  moneys 
received  and  expended  by  the  corporation,  durin^j;  the 
preceding  year,  aiid  on  what  account  received  or  ex- 
pend*'tl. 

5.  «'».  ;vll  ordinances  and  resolutions  passed  or  to  be 
passed  by  the  president  and  trustees  of  the  town  of  Dixon, 
shall  remain  in  full  force  until  the  same  shall  have  been 
repealed  by  the  city  council. 

§  7.  .\ll  actions,  fines,  penalties  and  forfeitures,  and 
arrearages  or  taxes,  whicii  have  accrued  to  the  president 
and  triHtees  of  the  town  of  Dixon,  shall  be  and  are  here- 
by ve<ile«i  in  the  corporation  licriby  created. 
Wmmtr  •ru Mt  '  ^  ,S.  Tiiis  charter  shall  not  invalidate  any  act  done  by 
"""'  g^jj  president  and  trustees,  nor  divest  them  of  any  rights 
which  m^y  have  accrued  to  them. 

6  5».  .Appeah  shall  be  allow»«l  from  decisions  in  all 
ca^e.i  arinuig  under  the  provisions  ol  this  act,  or  any  or- 
dinance passed  in  pursuance  tliereol,  except  where  herein 
othrrwite  provided,  to  the  circuit  court  of  Lee  county  ; 
ami  every  such  appeal  shall  be  granted  in  the  same  man- 
ner an<l  witli  like  efr.-ct  as  appeals  taken  from  and  granted 
by  jiMlicef  of  the  peace,  under  the  laws  of  this  stale. 

^  l'».  Wliene\er  the  mayor  siiall  al)sei.t  himself  from 
the  city,  or  resign,  or  die,  or  \\i.i  ntfice  shall  be  ollierwiso 
vacated,  the  board  of  aldermen  shall  immrdiately  proceed 
to  elect  one  of  their  number  president,  who  shall  be  may- 
or,/>r/y  t,m.,  until  the  disability  be  removed  or  the  offico 
filled  by  election. 

5  11.  This  act  in  hereby  d. dared  to  be  a  j.ublic  ac», 
and  may  bo  read  in  evidence  in  all  courts  of  law  or 
equity,  and  in  all  other  places  within  this  state,  without 
proof. 

(l  12.  All  acti  or  parts  of  acts  coming  within  the  pro- 
vlii<in«  of  this  act,  or  contrary  to  or  inconiistent  with  its 
provisioaS|  are  hereby  repealed. 


r  *M»tr 


067  1857. 

§  13.  The  president  and  trt»stee«»  of  the  town  of  Dixon  Rn^non  u)  .dopt 
ahall  cause  an  election  to  be  held  \f>  said  town,  on  tlie 
second  Tuesday  of  April,  A.  D.  1H.'J7,  at  which  tl'e  in- 
habitants residing  within  the  territory  desciibed  in  the 
second  section  of  the  first  article  ot"  this  act,  wlio  are 
authorized  to  vote  for  state  officers,  shall  vote  "  for  the 
charter"  or  "against  the  charter;"  and  if  a  majority  of 
the  votes  given  at  such  election  be  for  the  charter,  then 
this  act  shall  immediately  take  effect  as  a  law  ;  but  if  a 
majority  of  the  votes  shall  be  against  the  charier,  then 
this  act  is  to  be  of  no  effect:  Pruvic/ef/,  that  if  a  in<ijori- 
ty  of  the  votes  givi-n  «t  such  election  shall  be  against  the 
charter,  an  election  shall  be  holden  in  the  same  manner 
as  hereinbefore  provided,  on  the  second  Tuesday  of  April, 
A.  D.  18";8;  at  which  election  the  electors,  as  a'oreraid, 
shall  vote  ''for  the  charter"  or  *' against  the  clrdtler;" 
and  if  at  said  election  a  majority  of  the  votes  shall  be  for 
the  charter,  then  this  act  shall  immediately  take  effect. 
And  the  first  election  under  the  ch  <rter  shall  be  holden 
on  the  third  Tuesday  of  April,  A.  D.  1868,  in  the  same 
manner  in  all  respects  as  hereinbefore  provided.  But  if 
a  majority  of  the  votes  given  at  said  election  shall  be 
against  the  charter,  the  same  shall   not  take  effect. 

^   14.     Whenever  this  charter  shall  have  been  accepted,  'irti oie^iom. 
as    aloresaid,  the    president  and   board  of  trustees  of  the 
present  town  of  Divon  shall,  by  resolution,  designate  the 
places  for  holding  the  first   election   under  this    charter, 
and  shall  appoint  judges  of  said   election. 

§  1').  All  actions  brought  to  recover  any  penalty  or  suit8»ndMti«M 
forfeiture  under  this  act  or  any  ordinance,  by  law,  or  po- 
lice regulation,  made  in  pursuance  thereof,  shall  be 
brought  in  the  corporate  name;  and  it  shall  be  lawful  to 
declare,  generally,  in  debt,  for  such  ]ienalty,  fine  or  for- 
feiture, stating  the  clause  of  this  act  or  the  b}-law  or 
ordinance  under  which  the  fine,  penalty  or  forfeiture  is 
claimed,  and  to  give  the  special  matter  in  evidence 
under  it. 

§  Itj.     All  such   prosecutions  shall  be  commenced  by  proeeM. 
warrant. 

§  17.  Execution  may  be  issued  immediately  on  rendi-  Kx»«ntion. 
tion  of  judgment  ;  and  it  may  be  a  part  of  said  judgment 
that  the  defendant  be  confined  in  the  county  jail  until  the 
amount  of  the  judgment  and  costs  be  paid  ;  and  every 
j)erson  so  imprisoned  shall  be  confined  twenty-four  hours 
for  each  dollar  of  such  judgment  and   costs. 

§   18.      The    certificate   of  the   printer   or   publisher  of  Certiflcatt      «f 
any    newspaper,   in   which  any    ordinance    shall    be   pub-   •'"''"**"*■• 
lished,  as   required  in    this   act,  filed    with    the    city  clerk, 
shall    be    evidence   of  the    publication  of  said  ordinance, 
in  all  places. 


fMMpMvn.  5  19.  Such  officers  as  shall  be  authorized  by  ordl- 
naiu-e,  shall  luvo  juiwer  to  arrest  or  e.uise  to  be  arrested, 
with  or  without  process,  all  persons  who  shall  break  the 
peace  or  be  louiul  violating  aiiy  ordinance  ot  said  city, 
c«Mnniil  |(»r  examination,  and,  it"  nei-essary,  detain  such 
person  in  custody  over  ni^ht,  or  tlie  .Sal)l)alh,  or  until  he 
can  be  brought  betore  a  matfistiute  ;  and  shall  have  and 
exercise  such  other  powers,  as  conservators  of  the  peace, 
as  the  city  council  may  prescritie. 

^,„j^  §   -0.      Un'.il   the    ci'y  council   shall    otiierwise   ordain, 

the  saiil  city  shall  be  di\iiled  into  three  w.iriis,  as  tolh^ws, 
to  wit:  All  ol"  said  city  1)  in_ij  north  ot  the  middle  ot  liock 
river,  shall  be  the  tirst  ward.  All  that  part  of  said  city 
lyin;;  south  of  the  middle  of  said  river  and  east  of  the 
centre  of  Peoria  street,  and  of  the  same  line  continued 
to  the  south  line  of  the  city,  shall  be  the  second  ward. 
All  the  rest  of  said  city  shall  be  the  third  ward. 

^  ill.  The  city  council  shall  have  power  to  cause  a 
renumbering  of  lots  and  blocks  in  said  city,  and  to  regu- 
late the  numbering  of  h)ts  and  blocks  herealter  laid  out 
therein,  and  to  cause  maps  ol  the  city  to  be  prepared, 
showing  such  numbering,  and  to  ha\'e  the  same  recorded 
in  the  recorder's  otfice  ol  the  county  iii  which  said  city  is 
located  ;  and  in  all  conveyances,  lots  n4ny  be  described 
by  reference  to  such  m-tp  or  maps. 

^  *JJ.  Thi?  act  shall  take  effect  and  be  in  force  from 
and  alter  its  passage,  subject  to  the  provisions  hercinbc- 

fjre   recited. 

Approved  Feb.  14,  1857. 


toMMd  block*. 


r*.  i^iWT.  AN  ACT  to  incorporate  tb«  Albany  Kallroad  Bridge  Company. 

Section  1.  Be  ii  enacted  by  the  people  of  the  state  qf 
lUiwu^y  represented  in  the  Gnieral  Jissrinhlij^  That 
B^rzilliu  Cottle,  Willirim  Prollirnw,  William  W.  Uiuant, 
Thomas  J.  W.  f,or.g,  (iectrge  II.  Parker,  IMward  ]J.  War- 
ner and  Anthony  J.  Matt.son,  their  associates,  successors, 
heir.<i  and  a«i<(ignt,  be  and  they  are  hereby  created  a  body 
corporit**,  by  the  name  and  style  of  *' The  Albany  Rail- 
road Bridge  Company;''  with  power  to  build,  inaiiitain 
and  (lie  a  railroad  bridge  over  the  Mississippi  riv<r,  or 
that  portion  within  th.- jirisdiction  of  the  state  of  Illinois, 
At  or  hear  Albany,  in  such  manner  as  shall  not  materially 
obttruct  or  interferi)  with  the.  fren  navigation  of  said 
tivrntt  and  to  connect,  by  railroad  or  otherwise,  such 
bridge  with  any   railroad  either  in  the  state  of  Illinois    or 


•tn««( 


C69  1857. 

fowa,  terminatinoj  at  or  near  said  point;  to  unite  and 
consolidate  its  franchise  and  j)ro|)erly  with  any  and  all 
bridge  or  railroad  com[)anie9  in  either  of  said  states  ;  to 
fix  tlie  amount  of  capital  stock  ;  to  divide,  transfer  and  C'l-it*!"'*^- 
increase  the  same  ;  to  borrow  money,  and  jiledge  or 
morfu;a£;e  its  property  and  franchise  ;  to  condemn,  ac- 
cording to  law,  property  for  the  use  and  purpose  of  said 
company;  to  contract,  bargain  and  agree  with  any  such 
railroad  companies  for  and  in  the  construction  and  main- 
tenance of  such  bridge;  to  sell  or  leaee  said  bridge,  or  *";„!,' '^J  J'/iai'i'** 
the  use  of  the  same  or  the  franchise  of  the  compaii},  to 
any  companies  or  cor[)orations  :  Provided,  that  said  com- 
pany shall  commence  said  bridge  within  two  years,  and 
shall  complete  the  same  within  ten  yewrs  from  the  passage 
of  this  act :  j9nd  pri)Vidrd,fiirlliti\  that  in  case  the  Ca- 
manche,  Albany  and  JVIendota  Railroad  Ci)m|)any  sliaij 
desire  to  avail  themselves  of  the  rif^hts  and  immunities 
granted  to  the  corporation  herein  named,  and  shall  notify 
said  corporation,  their  pssociates,  successors,  heirs  or  as- 
signs of  their  election  so  to  do,  within  two  years  from  the 
passHge  of  this  act,  it  shall  be  the  duty  of  the  said  corpo- 
ratinii,  their  associates,  successors,  heits  and  assigns,  to 
tran<f»^r  said  powers  and  immunities  to  said  company  for 
a  cou-iideratiou  not  exceeding  one  hundrt'd  dollars. 

^  -.  This  act  to  take  efft^ct  and  be  in  force  from  and 
afttr  its  passage,  and  shall  be  construed  liberally  for  the 
purposes  therein  set  forth. 

Appkovkd  Feb.  14,  1857. 


AN  ACT  to    incorporate  the  Ottawa  atnl   Vermilion  Rirer  Plank    and  Fs^i.  14, 18*7. 
Macadamized  Road  Comjinny, 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illiiuns,  re/jresenfed  in  the  General  t/isseinhly,  Tliat  James 
Read,  Michael  Riuid,  Justus  M.  Clark,  Daniel  Mills,  John 
B.  Read,  Tliomas  M.  Mason,  David  Strawn,  and  all  such 
persons  as  shall  become  stockholders,  agreebly  to  the  pro- 
visions of  this  act,  in  the  cur|)oration  hereby  created,  shall 
be,  and  ioi  the  term  of  fitty  years  tVom  and  after  tlie  pas- 
sage ut  litis  act,  shall  continue  to  be  a  body  corporate  and 
politic,  by  tiie  name  and  style  of  "The  Ottawa  and  Ver-  piyu. 
mihon  River  Plank  and  Macadamized  Koad  Company  j" 
and  by  that  name  shall  have  succession,  for  the  term  of 
years  above  specified  ;  may  sue  and  be  sued,  plead  and  be 
impleaded,  ar.swer  and  be  answeud  unto,  iii  any  court  of 
law  or  equity;  may  in^ike  by-laws,  rules  and  reguUtiuuS| 


1357  C70 

lor  the  niana^»>ment  of  tlu-ir  propprty  ami  afTairs  and  for 
the  tmii-tiT  ol"  thrir  •Jtock,  not  iiiODHsistiiit  wilh  tlu»  laws 
of  tills  slrtte  aiul  the  L  uilfd  Slates  ;  uimI  may  ai)j)i)iiit  such 
otfieers,  agents  and  seivants  as  the  husiness  of  said  coin- 
paiiy  i»:^y  require,  prescribe  their  duties,  and  require 
bjudi  for  the  faithful  performance  thenof. 

>•««•(  TMd.  ^  -•      Said   corporaiit)n   shall   have  power  to  construct, 

ra.Aintain  :uul  conliiiue  a  plank  or  niacadaniizt'd  road,  of 
such  width  as  may  be  det-Mifd  adxisaMt*  hy  the  diit'ctors 
of  8aid  corporation,  frou)  the  city  of  Ottawa  to  the  Ver- 
milion river,  on  the  road  known  as  the  Ottawa  and  liloom- 
in^ton  road,  in  Li  Salle  county,  Illinois. 

^  :>.  The  ca|  ital  stock  of  said  company  shall  he  twen- 
ty five  tln)usanil  lioilar.N  (  ii-."),(itlO, )  and  may  be  increased, 
if  necessary  for  the  completion  ol  said  road,  by  a  majority 
of  the  stockholders,  to  tlie  sum  ol  filty  thousand  dollars, 
and  shall  be  divided  into  shares  of  twenty-five  dollars 
each  ;  which  shall  be  considered  as  personal  property,  ex- 
cept for  revenue  j)ur|>oscs,  when  it  shall  be  consiilered 
and  taxed  a>  real  estate. 

»*«.Ti.->i..r..  ^  4,      Said  cor|  orators   shall   be   commissioners   for  re- 

ceivin^r  subscriptions  to  the  stock  of  said  company,  when 
and  wt>ere  and  alter  such  notice  as  they  or  a  majority  of 
them  shall  arjree  upon  ;  and  wlien  the  sum  of  two  thou- 
sand dollars  shall  have  been  subsciil)ed,  tlicy  shall  call  a 
raeetin}»  of  the  stockholders,  alter  ^ivin^^  two  weeks'  no- 
tice, in  any  newspaper  published  in  the  city  of  Ottawa, 
who  shall  elect  five  direct«»rs,  out  of  the  shareholders, 
three  of  whom  shall  constitute  a  quorum  for  the  transac- 
tion of  the  business  of  said  company.  Said  director.s  shall 
continue  in  offii-e  one  y»*ar  him',  until  tlo-ir  successors  are 
ele(?(ed.  All  elerti'iii-j  shall  be  by  ball()t  ;  and  each  stock- 
holder shall  be  entitled  to  as  many  votes,  either  j)ers(»nallj 
or  by  provy,  a^  he  HJiail  own  shares  of  stork. 

^^  ^^  .  5  •*>.  Said  directors  shall  have  power  to  elect  one  of 
their  number  [iresident  of  said  board,  and  also  appoint  a 
fecretary  and  treasurer  a-ivuii^  tli»j  stockholders,  whom 
th'-y  may  remove  at  «ny  ti«in-. 

&  H,  IJpin  the  election  of  the  directors  and  the  orirani- 
Z«fion  nf  tlip  board  the  •laid  commissioners  shall  deliver  to 
the  mid  directors  all  moneys  received  by  them,  on  sub- 
frriptiont  f-ir  ^^(»»•k,  and  books  of  subscriptions,  and  other 
property  of  "aid  rompany. 

T\««  •*  •-»•»-       !^  "*  •      The  naid  corjir>rat  ion  is  au'lif)ri/f<l,  as  soon  hs  (he 

•tagM«4  tm»*.  [fff^f,]  of  direct'irs  are  elected,  to  (;ominence  the  construc- 
tion of  said  road  ;  and  as  soon  as  two  miles  of  said  road  if 
ompl'tcd,  they  may  erect  a  toll-^afe  thereon  and  collect 
th*"  toll*  all'iweri  by  this  art.  Said  crunjiany  shall  keep 
th"  rMid  iri  i»'iod  repair,  and  shall  litve  power  to  eotMlrucl 
bridges    and    ciuseways   over  sloughs    Hn<l   streams   any- 


671  1857. 

whereon  tlie  route  of  said  road  tliej- may  deem  necessary. 
And  said  company  may  borrow  money  and  issue  tlieir 
bonds  therefor,  payable  at  any  period  witliiri  tlie  limits 
of  this  charter  and  at  any  place  within  the  United  States, 
that  they  may  deem  |)ioper,  provided  they  do  not  exceed 
the  sum  of  fifteen  thousand  dollar>',  to  aid  in  the  construc- 
tion of  said  road. 

^^  8.  The  said  corporation  shall  have  power  to  fix  and  ttiu  r»mui«!. 
regulate  the  tolls  to  be  charged  oji  said  road,  provided 
Baid  tolls  shall  not  exceed  the  following  rates,  viz  :  For 
every  vehicle,  drawn  by  one  animal,  two  (2)  cents  per 
mile;  for  every  vehicle,  drawn  by  two  animals,  (o)  three 
cent"!  j)er  mile,  and  one- half  cent  additional  per  nule  for 
each  animal  over  two;  for  every  one  of  neat  cattle,  one 
cent  j»er  mile  ;  for  every  ten  of  sheep  or  swine,  one  cent 
per  mile  ;  and  for  ever  horse  and  rider  or  led  horse,  one 
cent  per  mile  ;  and  it  shall  be  lawlul  for  any  toll  gatherer 
to  st'>i)  and  detain  any  person  going  on  said  road  until  the 
toll  properly  chaigeable  shall  be  paiti  ;  and  any  i)eison 
who  shall  use  such  road  and  refuse  to  pay  such  toll  shall 
forfeit  and  pay  for  such  refusal  the  sum  of  three  dolhirs, 
to  be  collected  by  said  corporation,  by  an  action  of  debt, 
before  any  justice  of  the  jteace  of  the  proper  county. 

>j  i*.      Said  corporation  shall  be  allowod  tu  o  )  ears,  from  Tim*  ni lowed  u 

ii    '  r   ii  i      «  aI  .  ••  r     c<jnul«l»  read. 

the  passage  ot  this  act,  to  commence  the  consiniclion  oi 
said  road,  and  shall  complete  the  road  from  Ottawa  to  the 
gouth  blutf  of  Covel  creek  within  four  years  from  the  pas- 
gage  of  this  act. 

5j  10.  Said  company  shall  pay  all  damages  that  may 
arise  or  accrue  to  any  person  or  persons  by  means  of 
taking  land^,  timber,  rock,  stone  or  gravel,  or  other  ma- 
terial, for  the  use  of  said  road.  When  the  same  cannot 
be  obtained  by  consent  of  the  owner,  on  reasonable  terms, 
it  shall  be  estimated  and  recove»"ed  in  the  manner  provided 
by  law  for  the  recovery  of  damages  oecasioned  by  the 
laying  out  of  highways. 

:i  ll.  Any  person  who  shall  willfully  injure  or  obstruct 
said  road,  or  any  part  of  its  appendages,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  forfeit,  to  the  use  of 
the  comj)any,  three-fold  the  amount  of  damages  sustain- 
ed by  such  injury  or  obstruction;  to  be  recovered  in  an 
action  of  debt,  in  the  name  of  said  company,  with  costs  of 
suit,  before  any  justice  of  the  ])eace  or  any  court  having 
jurisdiction  thereof  in  the  state. 

s  1*2.  The  said  corporation,  by  the  permission  and  agree- 
ment of  the of  La  Salle  county,  by  having  the  same 

in  writing  and  recorded  in  the  office  of  the  clerk  of  the 
county  court  of  La  Salle  county,  slinll  have  full  power  to 
take  and  use  the  ro«d  known  as  the  Ottawa  and  Blooming- 


l?o7.  672 

ton  mail,  commencinc;  at  the  soutlieRst  corner  of  the  city 
ot  O  'rtwa  and  ruiiiiini;  soulli  to  tlu    ViTinilion  river. 

^  13.  TJii^  act  sliall  he  deemed  hiuI  taken  a  public 
aci>  "I'tl  shall  be  construed  beneficially  for  all  purposes 
herein  specifictl. 

^  I  4.  Tliis  act  shall  take  effect  and  be  in  force  from 
and   litter  its  passage, 

Apfrovkd  Feb.  14,  1857. 


r«tt.  14.  )»jr?.       AN   ATT  to  Incorporate  the   Eranjjelical  Lutheran  Synod  of  Northtra 

mill  ois. 

Skctiu.n  1-  Be  it  cnacttil  l)i/  the  peijj)/c  of  the  state  of 
K/initiSf  representeii  in  the  Ueueral  viasftnhhiy  Tiiat  C.  B. 
Thn.iunel,  N.  J.  Stroh,  S.  W.  llarkey,  L.  P.  l^hjorn,  T. 
N.  llisseiquist,  C.  Young,  W.  Unl,  G.  J.  Donnieyer,  ii, 
Milkr,  p.  Anderson,  O.  Andrewson,  E.  C.irlson,  W.  F. 
llukins  in,  D.  llHrbauoii,  E.  II.  IJuhre,  J.  Richards,  A. 
A.  S.-heic,  B.  J.  H.illestad,  J.  Svenson,  O.  C.  T. 
Andieen,  G.  F.  Guebner,  G.  A.  B'»wers,  P.  A.  Ceder- 
stam,  E.  NHrelin«,  A.  Aiidreen,  B.  G.  P.  Bergenlund,  O. 
Anfni-ion,  F.  11-  Warnke,  D.  J.  Warns,  G.  D.  Blesene, 
\V.  Friday,  J.  Fuliner,  P.  A>!l>jiirn^on,  L.  II.  Noreui,  M. 
Schick,  L.  Ji»linson,  Isaac  Iie»Hl,  D.  Faijer,  J.  Kline,  J. 
Litwson,  J.  Swrnson,  G.  Augustine,  P.  II.  Peterson,  C. 
Lehuiau,  II.  liosiinan,  S.  A.  Johnson  and  S.  Johnsoni 
together  with  tlp-ir  associates  and  successors,  as  members 
ol  llie  i-^vaiig'-lii-al  Lutheran  Synod  of  Nirthern  Illinois, 
■re  hereby   treated    h  body   corporate  and   politic,   under 

•vto«««ww^»-  the  name  arid  •<t)le  of  ^'Tlie  Evanv^elical  Lutheran  Synod 
***'  of  N  >rtherri   Illinois;"   and    by   this   name   and  i^tyle  shall 

reiDiin  and  h^ve  |>erpetual  succession,  with  power  to 
•  ue  ^u>\  \t*'  sii>;d,  to  ple^d  and  be  impleaded,  to  acrjuire, 
hold  an  1  convey  proj>erty,  real,  personal  and  mixed,  in 
■  11  lawiul  ways,  and  to  any  amount  that  may  he  neces- 
•ar)  to  accnmpli«h  the  pUns  and  purposes  of  christian 
b«ite\  oltnce,  which  said  fiynod  may  from  time  to  time 
■Uopt. 

otm    ,,    ,^^.       §   J.     The  sole  object  of  this  incorporation  is  to  enable 
»««*i«*c>.  gaij   nvnod  to   etfecl  with   gr.ali-r   s«;cujity  and    certainty 

the  hffi'-viilent  purposes  of  n  chri:^ti<in  society  in  the 
disieinination  ol  the  gospel  and  of  a  sound  and  instructive 
chri*ti4(i  literature,  relieving  the  poor  and  unfortunate, 
•nd  toiindiitg  arid  m.)intairting  institutions  of  public  in- 
•truciton. 

■#«•  Md  >*«v       S  '*'      Said   corporation    miy  have,   use  and    change   at 

'***'***  plcftjurc,  ■  common  s«;b1,   an<i   may   make  and   ordain  (9r 


G73  185' 

their  poverntn^nt  siicli  constitution  and  hy-laws  as  tliey 
may  iJeeiii  iiece.ss<ir\:  P riicidn/^  siicli  consliuilioa  and 
by  laws  be  n  t  incimsi-iteiit  witli  llie  constitu'ion  and 
laws  of  tlie  -^tate  of  IllMiois  and  ot   tlie  United    States. 

§  4.  No  misiioiriLT  of  said  corporation  shall  dHeal  or  P^^'^i;;;^' 
annul  any  gift,  }i;raiir,  bfcj-if-st  or  devise,  to  or  for  said 
corporati.jn,  ami  saiil  .'ynod  sliail  be  bound  to  appropri  ite 
and  iHe  :  ny  bequest,  ilevi-e,  gift  or  grant  in' such  man- 
ner as  shall  be  indicated  by  the  party  or  partici  making 
the  same. 

g  o.     This  act  to  take  effect  from  and  after  its  passage. 

Approvicu  Feb.  14,  ISjT. 


AN  ACT  to  incorporate  the  city  of  Galesburg,  in  Ksiox  county.  f.b   u,  i»J7. 

Article  l.  —  Of  BoundaricSy  General  Powers  and  tVards. 

Skction  I.  Be  it  enacted  hj/  the  people  of  the  state  oj 
Jlliiiuisy  representatives  in  the  General  ^isxeinhly^  Tnat  all 
the.  district  of  country  in  the  county  of  Knox,  and  state 
of  Illinois,  consisting  of  the  tracts  oi  land  known  as  the 
west  lialf  of  tlie  southwest  (juarter  of  section  one,  the 
souili  lidlf  of  section  two,  the  south  half  of  section  three, 
tlie  southeast  quarter  and  east  half  of  the  southwest 
quarter  ot  section  four,  and  the  east  half  of  tlie  north- 
west quarter  and  the  east  half  of  the  southwest  quarter 
of  section  nine,  the  east  half  of  section  nine,  sections 
ten  and  eleven,  the  west  half  of  the  n'»rthwest  quarter 
and  the  west  half  of  the  southwest  quarter  of  ^fection 
twelve,  the  west  half  of  the  northw*»si  quarter  and  the  west 
[half  J  of  the  northwest  quarter  and  the  west  half  of  the 
southwest  quarter  of  section  thirteen,  sections  four- 
teen and  filleen,  the  east  half  of  section  sixtet  n, 
tlie  east  half  of  the  northwest  (juarter,  and  the  east  half 
of  the  southwest  quarter  of  section  sixteen,  the  east 
half  of  the  northwest  quarter  of  section  twenty-one,  the 
northeast  quarter  of  section  twenty-one,  the  north  half  of 
gection  twenty  two,  ihe  north  half  of  [section]  twenty- 
three,  an  1  the  west  half  of  the  northwest  (jiiarter  of  sec- 
tion twenty- four,  in  township  eleven  (H;  north,  one  (I) 
east,  is  hereby  erected  intj  a  city,  by  the  name  of  "The 
City  of  Galesburg." 

g  2.  The  inhabitants  of  said  city  shall  be  a  corpora-  sine  at  e«>n»«i«- 
tion,  by  tlie  name  of  "The  Citv  of  Galesburg,"  and  by 
that  name  shall  have  perpetual  succession,  sue  and  be 
BUL'd,  and  complain  and  deleiid  in  any  court;  may  m.iko 
and  use  a  common  seal,  and  alter  and  change  it  at  ple&s- 
—GO 


r^itx  wxt\i. 


1Sd7.  074 

uTf'y  insy  takr,  lio^tl  nml  ]nirolia?e  siicli  real,  ]ipr?oiial  or 
n>i.\»<i  fstHte  as  ilie  jmi  [o.-es  of  the  coj|i(>iatioii  may 
require,  witliiii  or  williDut  tlie  limits  (if  tlie  city,  and  may 
Sf  Jl,  lea>e  or  disjM  se  of  the  same  for  the  btmfit  of  the 
city. 

^  o.  The  city  of  G  ile?hurg  ^liall  divide  into  six  ward?, 
the  honiulaiies  o»   wMch  shall  be  as  fu]K)US  : 

The  territory  bouiided  on  the  nortli  by  the  centre  line 
of  Main  stieet,  on  the  south  bj  the  centre  line  of 
South  street,  on  the  east  by  the  centre  line  of  Seniinary 
street,  on  the  west  by  the  centre  line  of  West  street, 
shall  he  called   the  fust  ward. 

Tiie  territory  bounded  on  ihe  north  by  tlie  centre  line  of 
North  street,  on  the  south  by  the  first  ward,  on  the  east 
by  the  centre  line  of  Seminary  street,  on  the  west  by  tho 
centre  hue  of  Wtst  street,  shdll  be  called  the  sccoud 
wrrd. 

'J't  e  territory  bounded  on  the  west  by  the  centre  line 
of  Wt-st  street  and  by  the  same  lir.e  extended  to  the 
northern  limits  of  the  city,  on  the  south  by  the  centre  line 
of  North  street  and  the  sauif  extended  to  the  eastern 
limits  of  the  city,  and  bounded  on  the  north  and  east  by 
the  city  lim'is,  shall  be  called  the  third  ward. 

Thf'terrilo»-y  bounded  on  the  north  by  the  third  ward, 
on  tlie  vest  b)  the  centre  line  of  St^minary  street  and 
the  same  beiufj;  extended  to  the  southern  limits  of  the 
city,  and  on  the  east  and  south  by  the  city  limits,  shall  be 
called  the    fourth  ward. 

Tlie  territory  b(.uiul«  d  <»u  the  east  by  the  foTirtli  ward, 
on  the  north  by  the  centre  line  of  Stiiitli  stret  t  and  the 
same  line  extended  to  the  western  limits  oi  the  city,  and 
on  the  south  and  west  by  the  city  limits,  sliall  be  called 
the  fith  ward. 

'I'l.»;  territory  bi.unde<l  on  the  south  by  (he  fifth  ward, 
on  ibe  east  by  the  first,  second  and  tliird  w;m  ds,  on  the  north 
an«l  we&t  b}  the  city  limits,  shall  be  called  the  sixth 
ward. 

'J'he  boundaries  of  the  said  wards  may  b«-,  by  the  cily 
council,  chanued,  from  time  to  time.  The  city  councU 
ma>  create  ad<litional  wauls,  as  occasion  may  require, 
and  fix  the  bouinlaries  then  ol. 

ARTicLt    II.  —  (jjjlcers — tlnir  EUvtian  and   ^i^jijjoinltnent. 

^  1.  The  municipal  government  of  the  city  shall  con- 
«iit  of  a  cily  council;  to  be  com|»osed  ol  the  mayor  and 
one  alderman  from  each  war<i.  'Ihe  (Uhcr  ofhcers  of  thi 
cor|ioration  .shall  be  as  follows:  A  city  cNik,  u  city 
roarNhal,  a  city  treasurer,  a  city  attorney,  a  city  assessor, 
and  a  city  street  commisaioncr,  a  city  surveyor  and  engi- 


r««rtt  wa: 


PiHlk  »»:J. 


675  1857. 

ueer,  who,  in  addition  to  the  duties  prescribed  by  thi^ 
act,  shall  perform  such  other  duties  as  may  be  prescribed 
by  orditiaiice.  Tliere  shall  be  su^th  oilier  officers,  ser- 
vants and  apjents  as  may  be  provided  by  f)r<lindnoe,  to  be 
appointed  by  tlie  city  council,  and  to  peilurm  such  duties 
as  may  be  prescribed  by  the  ordinance. 

§  2.  All  officers,  to  be  elected  or  appointed  under  this  xonnof  offlo«. 
act,  except  aldermen  and  such  as  are  otherwise  provided 
for  hereby,  shall  hold  their  offices  one  }ear  and  until  the 
election  or  appoi'ituient  and  qiialtficaiion  of  their  .suc- 
cessors respectively.  All  otiier  otficers  mentioned  in 
this  act,  and  not  otherwise  specially  provided  for,  shall  be 
appointed  by  the  city  council,  by  ballot,  on  the  secoiud 
Monday  of  April  of  each  }ear,  or  as  soon  iher*  after  as 
may  he  ;  but  the  city  council  may  specially  authorize  the 
appointment  of  watiMitnen  and  policemen  hy  the  major,  to 
continue  in  office  during  the  pleasure  of  the  city  council  : 
Provided^  the  mayor  and  city  marshal  may  be  authorizt  <1  to 
remove  them  from  office,  foi  good  cause.  All  otficeis  elec- 
ted to  fill  vacancies,  except  where  especially  provided  for, 
shall  hold  fur  the  unexpire.l  term  onl>,  and  when  appointed 
to  fill  vacancies,  until  the  next  g'-neral  election,  and  until 
the  election  ur  appointment  and  qualification  of  thtir  suc- 
cessors. 

§  o.  The  several  wards  of  the  city  shall  be  rf])resent-  ■p's-a  reprM««- 
ed  in  the  city  council  hy  one  alderman  from  each  ward,  ^^ '^••' 
wlio  shall  be  a  hmin  file  resident  thereof.  The  alo'eiinen 
shall  hold  their  offices  for  two  years,  from  and  after  their 
election,  and  until  the  election  and  qnalificatiiMi  (»f  their 
successors;  but  the  alderman  elected  in  the  firft,  third, 
and  fifth  wards,  at  the  first  election  held  utjder  this  act, 
shall  hold  their  offices  for  one  year  and  till  their  succes- 
sors are  qualified  onl};  but  at  the  annual  election,  ui 
April,  1858,  there  shall  t>e  elected  aldeirnen  for  the  first, 
tliird  and  fifth  wards,  who  shall  hold  their  offices  for  two 
years,  from  the  time  of  their  election. 

§  4.  If  from  any  cau^e  there  shall  not  be  a  quorum  of  spcci»i  eic«tio». 
aldermen  the  clerk  shall  appoi  t  the  time  and  j>lace  for 
holding  a  S|>ecial  election  to  supjjiy  such  vacancies,  and 
to  appoint  judtres  (iiereof,  if  necessary.  If  any  aldrrman 
shall  remove  from  the  ward  represented  by  him  his  office 
shall  thereby  become  vacant.  If  there  should  be  a  fiilure 
by  the  people  to  elect  any  o.licer  herein  required  to  be 
elected  the  city  council  shall  forthwith  order  a  new  elec- 
tion. 

§   5.     Any   officer   elected    or    appointed   to    any   office  RtH«T»i. 
may  be  removed  from  such  office,  by  a  vote  of  two- thirds 
of  all  aldermen  authorized  by  law  to  be  elected;  but  no 
officer    shall  be    removed,   exce[)t    for    good    cause,    nor 
unless  first  furnislicd   with  the   charges   against  him,   snd 


l^o7.  f'''^ 

heard  in  Ms  ileftnce;  anu  the  city  council  slall  have 
powt-r  to  cdiiijiel  the  atttiitUu.ce  of  witiussts  ond  the 
nro«liicti«  n  of  papers,  when  necessary  tor  the  purjiost s  of 
siiili  trial,  and  shall  procud,  within  ten  davs,  to  hem-  and 
dfteruiine  upon  the  nu  ills  of  'he  case;  and  if  such  utHcer 
shall  nti'lert  to  appear  and   atisver  to  suih  cliHipts   then 

rr**iM.  llif  ci'>  council  may  declare  the  otlice  vacant:   I'/oi/ikdy 

this  section  shall  not  be  det  nuct  to  ajply  to  any  (  tiicer 
appointed  by  the  city  council.  Such  otlicer  may  be 
nuu)\ed,  at  any  time,  by  a  vote  of  two-thirds,  as  afore- 
said, in  tluir  discrttion;  hut  any  oHioer  may  be  suspended 
until  the  (*ispositit  n  ol   the  ct  ar^ts  ]  lelened. 

^^^^^  ^   t).     Whenever  any  vacancy   shall  occur  in  the  office 

of  ma>oror  alderman  such  vacancy  shall  be  filled  by  a 
new  election;  and  the  city  council  shall  order  such  spe- 
cial election!',  within  ten  days  after  the  happenins:  of  such 
vacancy.  Any  vacancy  occurrini;  in  an^  other  olhci'  may 
be  fillfd  bv  appointu^enl  of  the  city  council,  hut  no  s|tecial 
election  shall  he  held  to  fill  vacancies  if  more  than  uiiut 
months  of  the  time  has  expired. 

■xikiuir.  )j  T.     All    citi/rns   of  the    United    States,    qualified    to 

vot»-  at  any  election  held  ui.der  this  act,  shall  be  qualified 
to  hold  any  office  created  by  this  act. 

J.,  ^  8.     When   two  or  more  candidates  for   any  elective 

office  shall  have  an  equal  number  of  votes  for  such  office 
the  election  shall  be  determined  by  the  casting  of  lots, 
in  the  presence  of  the  city  council. 

Article  III. —  0/  Elections. 

■«Mt.«.  §    !•     A  Rt  neral  election  shall  he   held  in  each  ward   of 

th^  city,  on  the  first  Monday  of  April  next.  The  time  in 
said  d.iy  and  the  place  of  sui  h  elections  in  each  ward  shall 
be  determined  by  the  Inntees  of  thr  town  of  Galesburg, 
who  shall  }»ive  six  days'  not  ce  therf  o'',  posted  in  one 
pnhlic  place  in  every  ward;  and  they  shall  also  appoint 
Ihret:  inspectors  of  election,  for  each  ward.  In  case  the 
said  trustees  should  fail  to  a|)|)oint  the  time  and  pl.ice  of 
such  pleclions  and  the  inspectors  thereof,  the  qualiiied 
electors  in  each  ward  may  assemble  at  any  jdace  in  .such 
warrl  and  appoint  insp*  ctors,  from  the  voters  present. 
At  5uch  ejection  shall  be  chosen  a  ma)  or,  one  alderman  in 
e»cli  ward — the  alderman  to  be  voted  for  only  by  the 
.  resident!  of  the  ward  for  which  he  is  elected  to  repre- 
s  nt — a  city  clerk,  a  city  marshal,  a  city  treasurer,  a  city 
a*«es<if.r,  and  a  city  street  commi-sioner;  and  at  the  same 
time  and  place,  the  voters  of  said  city  ^hall  elect  a  justice 
of  the  peafe,  as  the  voters  of  the  district  of  country 
included  within  the  corporate  limits  of  the  town  of 
Galesburg  arc   authorized   to   do   by   the   charter  of  8;^id 


677  1857. 

town,  wliich  autliority  is  in  nowi^'c  changed  I)y  this  act, 
only  that  such  justict.'  shall  he  elected  by  tlie  voters  of 
the  city,  insteaii  of  the  town  of  Gaieshiirg.  Ujjon  each 
and  every  first  M.)nday  in  A|)ril  thereafter  there  shall  he 
held  a  general  election  (or  all  the  officers  required  to  be 
elected  at  such  times,  by  this  act  or  tlu  ordinances  of 
the  city. 

§  li.  The  manner  of  conducting  and  voting  at  tlie 
eltctioiis  held  under  this  act  and  contesting  tlie  same, 
the  keej)ing  of  the  poll  lists,  canvassing  the  votes,  and 
certifying  tlie  returns',  shall  be  the  same,  as  nearly  as  may 
be,  as  i^  now  or  may  l)e  hereafter  provided  by  law  at 
general  state  elections  :  Pruvided,  the  city  council  sliall 
have  power  to  regulate  elections  and  appointmeiiTs  of 
judges  thereof.  Tlie  voting  sliall  be  by  ballot,  and  the 
judges  of  the  election  shall  take  the  same  oath  and  shall 
have  the  same  powers  and  authority  as  the  judges  of 
general  elections.  After  the  closing  of  the  jtolls  the 
ballots  shall  be  counted  in  the  manner  provided  by  law, 
and  the  returns  shall  be  returned,  sealed,  to  the  city 
clerk,  wilhin  two  days  after  the  election;  and  thereupon 
the  city  council  shall  mee*^  and  ciinvass  the  same,  and 
declare  the  result  of  the  election.  The  persons  having 
the  higliest  number  of  votes  for  any  office  shall  be 
declared  elected.  It  shall  be  the  duty  of  the  city  cleik 
to  notify  all  persons  elected  or  appointed  to  office,  of 
their  eK'Ctions'  or  ajjpointment'';  find  unless  such  persons 
shall  qualify  within  twenty  days  thereafter,  the  office 
shall  become  vacant.  At  the  first  election  held  on  the 
first  Monday  of  April  next,  the  returns  shall  be  made  to 
the  clerk  of  the  board  of  trustees  of  the  town  of  Gales- 
burg,  and  the  president  and  trustees  thereof  shall  meet 
and  canvass  the  same,  and  declare  the  result  of  the 
election. 

^  o.  Nj  person  sliall  be  *»ntit!ed  to  vote  at  any  election  Hiicibinty  et 
under  this  act  who  is  not  entitled  to  vote  at  state  elec-  ^■-»^"* 
tions,  and  who  has  not  been  a  resident  of  said  city  at 
least  si.<  months  next  preceding  said  election;  he  shall 
have  been,  moreover,  an  actual  resident  of  the  w  ird  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  t»efore  he  is  permitted  to 
vote:  ''I  swear  (or  atfirm)  that  I  am  of  the  age  of  twen- 
ty-one years,  that  I  am  a  citizen  of  the  United  Statts, 
(or  was  a  resident  of  t'.a^  state  nt  the  time  of  the  adoj)- 
tion  of  t!ie  constitution,)  and  have  b'^en  a  resident  of  this 
city  six  months,  and  a  resident  c»f  the  state  one  year, 
imm^'diatelv  preceding  thi<»  election,  and  am  now  and 
have  been  for  the  last  ten  days  pa^t  a  resident  of  this  ' 
ward,  and  have  not  voted  at  this  election:"   Pruvidcdy  that 


1857.  CIS 

the  %-oter  sliall  He  jloemnl  a  lesiclont  of  the  ward  in  which 
he  i>  accusloiiud  to  Imlgf. 

Article  IV. — Poirtrs  tjtul  Dutits  oj  OJJ'ccrs. 

§   1.     Every  ]>erson   chosen  or   r]>|  r)ihtt'(i  to   an  oxecu- 
**   "  tivf,  jtidii-irtl  or  adinii'istrative  olTiet'    ni.di  r  this  n<t  sliall, 

before  he  enttrs  upnn  tlie  duties  of  hi;)  otTice,  tiik*'  anil 
subscribe  the  oath  of  otfioe  preserihrd  in  tin*  consflntion 
of  tlii'«  state,  anil  file  tlie  sjline,  (inly  rtrtifitt),  by  tlie 
officer  b»-fore  whom  it  was  taken,  witi'  the  city  clerk. 

§  '2.  The  ma) or  shall  preside  o\ «  r  the  meetings  of  the 
city  cotinoil,  and  shall  tbke  r;iie  tliwt  the  laws  of  this 
State  and  the  ordinances  of  this  eity  are  diilj  enfoiced, 
re^'pectcil  and  observed  williin  lliis  c!t)  ;  hiuI  that  all  other 
orfictrs  of  the  city  discliarge  tlitir  res|.»Tiive  dnties;  and 
he  shall  cause  negligence  and  positix  e  \  i»dation  of  duty 
to  be  prosecuted  and  punished;  lie  sliall  from  time  to 
time  give  the  city  council  such  informiUion  and  recom- 
m<-nd  such  measures  as  he  may  deem  udva.itageous  to  the 
city. 

»"*•  ;■  •'..     lie  i«  herc))y  authorized  to  call  on  any  and  all  white 

male  inhabitants  of  tlie  city  or  county,  over  tie  age  of 
eighteen  >earj,  to  aid  in  the  enfo»'cing  the  laws  of  the  state 
or  the  ordinances  of  the  city,  and  m  case  of  riot  to  call  out 
V*c  inilitJA  to  aid  in  snppressing  the  same,  or  carrying  into 
tirt-el  any  \aw  «ir  «>r(iinrinc«-;  jukI  any  person  who  shall  not 
obey  such  rail  shall  forft  it  to  sai  i  city  a  hue  of  not  less 
than  five  d(dlars. 

iAMti<k*^t  |j  4.  llf  shall  have  power,  whenever  he  may  dcfm  it 
nece«9ary,  to  n  (juire  (.f  any  of  the  otfieers  ol  tlie  citT  an 
exhibit  >»(  all  his  bttoks  and  paper*;;  and  fie  s!  :ill  have  jiower 
to  execute  all  acts  that  may  be  r«(|uirrd  of  iiim  hy  tins  act 
or   any  ordiuHnce  made  in  pnr«'iiiiiir«'  tin  reof. 

Utn-  ^   '»■      He  shall  receive  such  salary  as  may  be  fixed    by 

ordinance. 

•'4.**^*«  .-.«  ^  6.  All  ordinnncei  and  resojulions  shall,  before  they 
take  etr.'ct,  be  placed  in  llie  other  of  tlie  cty  clerk,  and 
if  the  major  approve  thereof  lie  sliall  si^n  the  same,  and 
•uch  as  h»-  shall  not  approve  he  shall  retnrn  to  the  city 
Counr>|  with  his  ohjrctionn  thereto.  Upon  the  retnrn  of 
•ny  ordinance  or  resolution  by  the  major,  the  vote  by 
which  the  name  was  passed  shall  he  recf)nsidered,  and  if, 
•  fiT  such  reconsideration,  a  ni»jnti'y  of  all  (lie  memhers 
rliTt»-d  to  the  city  council  f-hall  agree,  hy  tin*  *'»i)»s  and 
no«  s,"  which  shall  be  entered  upon  the  jonrnni,  to  J'.hps 
the  samr,  it  fhall  goinio  ilTect;  and  if  the  major  shall  r.e- 

fjlert  to  approve  or  object  to   any  i»uch   proceedings  for  a 
onger   penorl    ihnn    three     da\ji     after   tbe    same    hIihII   be 
placed  in  the  clrik'i  othce  as  aforcfaid,  the   lumc  shall  go 


679  1857. 

into  effect.  He  sliall,  ex  f>J/ici»>,  havr  p"»wer  to  adininis-  Aimiouter 
ter  any  oath  required  to  be  lakeii  by  tbi>?  act  or  any  law 
of  til e  state,  to  take  <le|)Ositioti«,  ackoowlt- dements  ot  deeds, 
mortgat^es  and  all  otlier  instruments  (tf  wiitinp,  and  cer- 
tify llie  same,  under  the  seal  of  the  city,  which  shall  be 
good   and  valid   in  l.iw. 

§  7.  In  case  of  vacancy  in  the  office  of  mayor  or  of  his  vtrnicy 
beini4  unable  to  perlorin  the  duties  of  his  ndice,  by  reason 
of  temporary  or  continued  absence  or  sickness,  the  city 
council  shall  apjjoint  one  of  its  members,  by  ballot,  to  pre- 
side over  tlieir  meetiiij^«,  whose  otricial  desii^nation  shall 
be  "actinp;  niHj  or;"  and  the  alilerman  so  appomti-il  sliall 
be  vested  with  all  the  j)OWers  and  perform  all  the  dntivs 
of  mayor  until  the  ina\  or  shall  assume  his  otHce  or  the  va- 
cancy shall   be   filled  by  a  new  election. 

§    8.      The   mt^mbers  of  the  city  conrjril  shall  br,  fxi>f-  Pir«  war<o/vi. 
ftcio,  fire  wardens  and    conservators   of  the   prace,  witliin 
the  city,  and  shall  be  exempt  Irom  jury   duty  during  their 
term  ot   office. 

§  'J.  The  clerk  shall  hoM  his  ofKce  for  three  years;  he  corporate ffai. 
Sliall  keep  the  corporate  seal  and  all  papers  and  books 
belonging  to  the  citj;  he  shall  attend  all  meetings  ot  the 
city  Ctiiincil,  and  keep  a  full  record  of  their  proceedings 
on  the  journals,  and  copies  of  all  papers  dul)  filed  in  his 
office  and  transcripts  from  the  joui  nals  of  the  procfedings 
ot  the  city  council,  certified  by  him,  under  the  corporate 
seal,  shall  be  evidence  in  all  courts,  in  like  manner  as  if 
the  >•  iginals  were  |)ioduced;  he  shall  likewise,  draw  all 
warrK  >ts  on  the  treasury  and  countersigrj  the  same,  and 
keep  an  a(!curate  account  thereof,  in  a  oook  [)rovided  for 
that  purpose;  he  shall,  also,  keep  an  accurate  account  of 
all  receipts  and  expenditures,  in  such  a  manner  as  the  city 
council  shall  direct;  and  he  shall  have  power  to  adminis- 
ter any  oath  refjiiired  to  be  taken  by  this  act. 

^   10.      It  shall    be  the  dtJty  of  the  city  atlorney  to  jier-  CitTa(iom«r. 
form  all    professional   strvires   incident   to   his  office,  and, 
when  refjiiired,  to  furnish  written  opinions  upon  qnesiions 
and  subjects   submitted  to  him  by  the  mayor  or  the  city 
council  or  its  commiitees. 

§  11.  The  city  treasurer  shall  collect  all  taxes  and  as-  nmr  of 
sessments  which  may  be  levied  by  the  city  council;  he 
shall  receive  all  moneys  belonging  to  the  city,  and  sliall 
keep  an  accurate  accountof  all  receipts  and  expenditures, 
in  such  a  manner  as  the  city  council  shall  direct.  All 
moneys  shall  be  draA/n  from  the  treasury  in  pursuance  of 
an  order  by  the  city  coiincil,  by  a  treasury  warrant,  sign- 
ed by  the  mayor  or  the  presiding  officer  of  the  city  j-onn- 
cil,  and  countersigned  by  the  city  clerk.  The  treasurer 
shall  exhibit  to  the  city  council,  at  least  twenty  da\s  ue- 
fore  the  annual  electiun  of  each  year,  and   ofiener,  if  re- 


li*»-arcr. 


is.'i"; 


€80 


CMf  »*r^^a! 


(•>*»<    -mm^  •• 


quiret?,  a  full  and  «1rtailetl  accotnit  of  all  rrceljifs  srul  rx- 
peiulitiires  ?iiu*e  tlie  iIhI*'  of  tli«"  last  Himual  rt-juTt,  and 
also  tlir  5trtt»'  vf  the  trtasur};  wliicli  sliall  be  iiLil  in  the 
office  of  the  clerk. 

>j  1*2.  The  ciry  marshal  ithall  hold  his  office  for  one 
year,  and  he  shall  not  be  tii^ilde  to  said  office  for  more 
tlidh  three  years  in  succession;  aitd  shall  peifoiinsuch  duties 
»<!  sh.»!l  be  prescribed  by  the  city  council  for  the  preserva- 
tion of  ihe  public  peace,  the  collection  of  license  nionevs, 
fine«,  or  otherwise;  he  shall  possess  the  powers  and  au- 
thority of  a  constable,  at  common  law  and  under  the 
statutes  of  the  state,  and  receive  like  fees,  but  shall  not 
serve  civil  process,  without  first  enterir«^  into  bond,  as 
such  constable,  to  be  aj>proved  by  the  city  council,  pay- 
able to  saij  city,  as  in  other  case^;  he  shall  execute  and 
return  all  j)rocess  issued  by  ai.y  proper  oliicer  under  ihis 
act  or  any  or<  inance  in  pursuance  thereof. 

jj  1-i.  The  city  enoiiit-er  or  surveyor  shall  have  the 
fole  power,  under  the  discretion  and  control  of  the  city 
council,  to  survey,  within  the  '"ity  limits;  and  he  shall  be 
governe«l  bv  suiMi  rules  and  ordiuunc*  *>•,  and  receive  such 
lees  af)d  emoluments  i"or  hi"  ser\  ice.",  as  tlie  city  council 
shall  direct  an<l  prescrib*  ;  Iih  ^hall  possess  the  same  pow- 
ers, in  making  plats  and  ;urve}S  within  the  city,  as  in 
given  by  law  to  county  survejs;  and  the  like  efTect  and 
'aliiiity  sliall  be  given  to  hi<:  acts  and  to  all  plats  and  sur- 
veys made  by  him  as  are  or  maj  be  given  by  law  to  the 
acts.  pUts  and  >urve}s  of  the  county  surxeyor;  he  shall, 
wh*-!!  required,  superintnul  the  construction  of  all  public 
work  ordf  red  by  the  city,  make  out  the  plans  and  estimates 
there«)f  and  contract  for  the  erection  of  the  same;  he  shall 
peform  all  survejing  and  engineiring  ordered  by  the  city 
council;  shall,  nnd«-r  their  direction,  estaldish  the  grades 
and  boundaries  of  streets  ;ind  allejs,  but  such  plans,  esti- 
mates and  contracts,  grades  and  boundarits  shall  be  first 
r»  [inrted  tf  the  city  council  and  apj)roved  by  them,  or  they 
fhall  not  be  valid. 

;»'  1  I.  The  assessor  shall  perform  all  duties  in  relation 
to  th«'  u»<Jessing  ot  property,  for  the  purpos*-  of  levjingthe 
taxe«  imj  osed  by  the  city  council.  In  the  perloinutnce  of 
his  duties  he  shall  have  the  same  powers  as  are  or  niay  he 
given  by  law  to  county  or  town  assessors,  and  je  .suliject 
to  the  same  liabilities.  On  completing  the  assessntent  listf 
and  hfiving  revised  and  corrected  the  same,  he  .shall  sign 
and  r«'turfi  th»m  to  the  city  council. 

>  ]'t.  'I'll**  stn-et  commi«»sif>tier  sliall  stiprrinleiid  nil  lo- 
cal im{»rov«-meiit4  in  the  citj,  and  cATry  into  «  tfect  nil  or- 
der* of  th«'  city  council  in  relation  thereto.  It  hIihII  he  his 
duty  to  tuprrinterid  and  supervise  the  opening  of  stroeli 
and  aiteyii,  and  the  grading,  improving  and  opening  there- 


681  1857. 

of,  and  tlie  construction  and  repairlnj;  ofhridfTps,  cnlvert"? 
and  St  wf  rs;  to  oi  (Ut  the  Ih)  inj^  and  re  la)  in^  Miid  repaii  inq 
of  siilevvalk.^;  tD  <^iv»*  notice  to  the  owner:*  ol  |»r(»|)erty  ad- 
joininf^  such  sidewalks,  when  required,  and  upon  the  fail- 
ure of  any  person  to  comply  with  such  notice,  to  cause  the 
same  to  be  laid  or  relaid  or  repaired,  and  ap|)()rtion  the 
cost  th»  reof  atnonp;  the  persons  or  lots  properly  char^eahle 
tiierewith,  and  deliver  the  account  thereof  to  the  city 
clerk,  to  be  laid  before  the  city  council;  to  make  plans  and 
estimates  of  any  work  ordertrd  in  relation  to  streets  and 
alle}s,  culverts  or  sewers;  to  keep  full  and  accurate  ac- 
counfs,  in  appropriate  books,  of  all  appropriati(»ns  made 
for  work  pertainiiifij  to  his  otRce,  and  of  all  disbursements 
thereof,  specif)  iiM^  to  whom  made  and  on  what  account, 
and  he  shall  render  monthly  accounts  thereof  to  the  city 
council. 

§  10.  The  city  CDuncil  shall  have  power,  from  time  to  »»nirpdnii»iff 
lime,  to  require  further  and  other  du'ies  of  all  officers 
whose  duties  are  herein  prescribed,  afid  prescribe  the 
powers  and  duties  of  all  olficers  elected  or  a|)pointed  to 
any  office  under  this  act,  whose  dtities  are  not  herein  speci- 
fied, 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 
Galeshurp,  in  such  sum  and  with  puch  securities  as  they 
may  approve,  conditioned  that  they  shall  faithfully  exe- 
cute tJie  duties  of  their  respecti\e  offices  and  acconiit  for 
and  pay  over  and  deliver  all  moneys  and  other  |)roper- 
ty  received  by  them;  which  bond,  with  the  approval  of  the 
city  council  certified  thereon  by  the  clerk,  shall  be  filed  in 
his  office,  and  remain  for  the  benefit  of  any  person  ag- 
grieved by  the  official  act  of  the  officer. 

(j  17.  If  any  person,  having  been  an  officer  of  said  city,  Ptnaity. 
shall  not,  within  ten  days  after  notification  and  request, 
deliver  to  his  successor  in  office  all  property,  books,  pa- 
pers and  effect*  of  every  description,  in  his  possession, 
belonging  to  said  city  or  aj)pertainiiig  to  his  said  office,  he 
shall  l.irfeit  and  j)ay,  for  the  use  of  (he  city,  fifty  dollars, 
besides  all  damages  and  costs  caused  hv  his  refusal  or  ne- 
glect so  to  deliver;  and  such  successor  may  recover  pos- 
session of  the  books,  papers  and  effects  belonging  to  his 
office,  in  the  manner  prescribed  by  the  laws  of  the  state. 

§   IS.     All  officers  elected   or  appointed  under  this  act  CommiMioiert. 
shall  be   commissione'!    by  warrant,    under   tiie    coiporate 
seal,  sigm-d  bv  the  mayor  or   presiding  officer  of  the  city 
council  and  clerk. 


1«'i7.  082 

Article  V. —  0/ the  Ltgislaftve  PiUcers  of  Hie  CUy  Coun- 
cil—  Its  Litiural  Puwirs  and  Uutits. 


•tv 


KmCik*. 


^  1.  Tlu' may^r  aiiJ  aldermen  shall  constitute  tin*  city 
colli. cil.  Tlify  sliall  ineei  and  organize  the  lirst  '1  "hurs- 
day  Mitrr  their  eleciion,  and  ^liall  meet  at  such  times  and 
j»Ih«'»'8  iherealler  as  they  shall  iletermine.  The  major, 
wlien  present,  shall  |)resiile  at  all  meetings  o(  the  city 
Coniici!,  and  shall  have  only  a  casting  vote;  in  his  ahsence 
any  one  nt  t!ie  ahlernien  may  he  apjtumteil  to  preside.  A 
inaj  »rity  of  the  persons  elected  [dldermcnj  shall  consiitute 
a  quorum. 

Jj  '1.  The  city  council  shall  hold  twelve  stated  meet- 
ing-:, one  in  each  month,  duiiiig  the  )eai;  and  tiie  mayor 
or  any  two  aldermen,  may  call  special  Uicetings  i»l  the 
Council,  serveil  personally  or  hit  at  their  usual  ]>lace3  of 
abude.  Pelitiofis  and  remonstances  may  be  presented  to 
the  city  council;  and  they  shall  determine  the  rule  ut  their 
own  procetding  a:iil  be  the  judges  ol  the  election  and 
qudhricdtion  ot  their  own  nuintn-rs  ;  and  shall  have  power 
to  ci)inj»el  the  attemlance  ot  absent  numbeis. 

§  o.  The  city  council  shall  have  the  control  of  the  finan- 
ces and  of  the  property,  real  and  j)ersonal  and  mixed, 
belonging  to  the  corpi»ratit)n;  and  shall  likewise  have 
power,  within  the  j-irisdiction   ol   the    city,  by   ordinance, 

First — To  borrow-  money  on  the  credit  of  the  city,  and 
issue  bonds  of  the  city  iheret'or;  but  no  bonds  shall  he  is- 
sued having  more  than  five  years  to  riin;  and  there  shall 
never  be  outstanding  bonds  to  n  greater  mnount  than 
two  |ier  cent,  of  the  last  assessed  value  of  the  leul  and 
pefiionil  pr<'perty  of  the  ei'y.  It  shall  be  the  duty  of  the 
council  to  provide,  either  by  taxation  or  the  issue  of 
bunds,  for  tlie  pigment  of  all  claims  Hgainst  the  city 
as  lapidly  as  .<;ueh  claims  fall  due.  All  orders  on  the 
treHMury  shall  be  made  pajable  on  demand.  No  appro- 
priation shall  be  made  for  any  public  building  or  otln  r  im- 
{irovemeiit  out  of  the  general  fund  of  the  city,  excejit  in 
audi  cases  as  where  tiie  city  council  shall  not  have  au- 
thority to  pro\ide  for  the  same  by  special  taxation  levied 
on  the  property  benefitted  thereby,  or  where  the  city 
C'Hiiiril  shall,  by  resolution,  declare  (hut  it  will  hi;  tin- 
j'ist  and  inequitable  that  the  properly  in  the  vicinity  .shall 
bear  the  expense  of  such  improvement,  and  that  such 
irnproveinei.t  i<i  required  by  the  gfiieral  interests  of  the 
city.  An<l  no  Hppropriation  shall  be  made  for  any  public 
iinprovemerits  nntil  the  expense  of  such  improvement  <<liall 
br  estimated  by  the  piojMir  officers,  and  unless  it  shall  bo 
found,  by  lueli  estimates  and  a  statement  ot  the  estimated 
Cost  of  mII  »)ther  public,  work  i'l  progress  and  other  proba- 
ble eK|ienses  ut  tlie  city,  that  all  Hucli  woiks  can  be  com- 


G83  1857. 

pletod  wltliln  (lup  time  by  flie  ordinary  s.ir|!ln<?  re\pnne  of 
the  rity  and  tlie  i>5-ue  of  sucli  bonds  as  llie  couiitil  is  by 
law  autliorizt^d  to  issue. 

Sicuik/ — Tt)  a|)i)ro|iri  tte   money,  and  to  |)rovidf  for  the 
payment  of  the  debts  and  expenses  of  (he  city. 

Third — To  make   re^lllali(1llS   to  prevent  the  introdiic- r)ifCMei. 
tion  ot   contaf^ioii'^  diseases  into  the  cil};  to  make  (jiiaran- 
tini' Jaws  for  that  purpose,  and  to  enforce  them    wiiliin  the 
city  and  within  t'lve  miles  thereof. 

Fourth — To  make  ret»iilH tions  to  secure  the  general  neaiih. 
health  and  comfort  of  tlie  inhabitants;  to  prevent,  abate 
and  remove  nuisances,  and  punish  the  authors  thereof  by 
penalties,  fine  and  imprisonment;  to  dt  fin«*  and  declare 
wliat  shall  be  deiined  nuisances,  and  authorize  and  direct 
the  summary  abatement  thereof. 

Fijlh — To  provide  the  city  with  water;  to  make,  regu-  >v-ator. 
late  and  establish  public  wells,  pumps  and  cisterns  by 
drains,  hyd'auts  and  reservoirs  iu  the  streets,  within  the 
city  or  beyond  the  limits  thereof,  for  the  extingni>hment 
of  fire  and  the  convenience  (»f  the  inhabita.its,  and  to  pre- 
vent the  uniicessar)  waste  ol  water. 

Sixlh — To  have  the  exclusive  control  and  power  over  sirectf, &•. 
tlie  streets,  alleys  and  highways  of  the  city,  and  to  abate 
and  remove  any  encroachments  or  obstructions  thereon; 
to  open,  alter,  abolish,  widen,  extend,  straighten,  estab- 
lish, regulate,  grade,  clean,  or  otherwise  im|)ro\e  the 
sanie;  to  put  drains  or  sewtrs  therein,  and  prcvt-nt  the 
incumbering  thereof  in  any  manner,  and  protect  the  same 
from  any  encroachmei.t  or  itijury. 

Scvi'Ji/h — To  establish,  erect,  construct,  regula'e  and  cridgei. 
keep  in  repair  britlges,  culveits  and  sewers,  sidewalks 
•  nd  crossways,  and  regulate  the  construction  am)  use  of 
tlie  same,  and  to  abate  any  obsiriicti  )ns  or  encroachments 
thereof;  to  establish,  alter,  change  and  straighten  the 
chanrjels  of  water  courses  and  natural  drains,  to  sewer 
the  same  or  to  wall  them  up  and  cover  them  over,  and  to 
prevent,  regulate  and  control  the  fitting  ujt,  alteiing  or 
chai^ging  the  channels  thereof  by    private  persons. 

Jlii:;hlh — To  provide  for  the  lighting  of  the  streets  and  LiBi''inB»tre»t». 
crecing  lamp  posts  and  lamps  therein  and  regulate  the 
lighting  thereof,  and  from  time  to  t»me  create,  alter  or  ex- 
lend  lamp  districts;  to  exclusively  regulate,  direct  and 
control  the  laying  and  repairing  ot  gas  pij)es  and  gas  fix- 
tures ill  the  slreels,  alleys  and  sidewalks. 

A'inlh — To  establish  maikets  and  market  bouses  and  Mwkct.. 
other  public  buildings  of  tiie  ciy,  and  provide  for  the  gov- 
ernment and  regulation  thereof,  and  their  erection  and  lo- 
cation thereof,  afid  to  authorize  their  erection'in  the  streets 
a?id  avenues  of  the  city,  and  the  conlinudtion  of  such  as 
are  already  erected  wtlhiii  the  same. 


13o7.  OU 

r%:n.»  »r.c=.i».  Tenth — To  provLle  for  tlie  inclosin!»,  rontilatini*  ami  im- 
proviMi;  mII  piiMii*  i;roiiiuls  aiul  o^'HUttM  it^s,  beliiiiL^int:;  to 
tli«  city,  Mini  to  tlireot  ami  regulate  thy  plantiiio;  and  pre* 
tervini;  i»f  ornamfiital  aiul  shaile  trees  in  the  streets  and 
puhlie  griuin«is. 

EltV'iit'i — To  erect  ami  establish  one  or  more  hospitals 
or  iJi-*pHn«ari»'<!,  and  control  and  rrtjiilate  the  same. 

t»««-'"^-'.'«  cf        Ttrtf/fh — T)  jirfven.    the  incinnbtTint;    of  the    street-*, 

*"**  alleys,  siiiewalks  or  pub  ic  grounds   with   carria<;es,  wa<»- 

on«,  cart."*,  wheelbarrows,  boxes,  luinber,  timber,  firewood, 
posts,  awnings,  si^ns  or  any  other  substance  or  materi- 
al wiiaVvi'r;  to  compel  all  persons  to  ke«»p  the  snow,  ice, 
dirt  and  ot.'ier  rubbish  Irom  the  sidewalk  and  street  gut- 
ter in  front  of  tlie  premises  occupied  by  them. 

»«•  T/ur/it n/h — To   licerise,   tax,   and  rej^ulate  merchants, 

commi<sion  merchants,  »nd  all  venders,  dealers  and  tra- 
ders ill  any  goods,  wares,  merchandize,  groceries  or 
liquid-!,  (alci)liolic  liquors  excepted  only,  as  hereinafter 
])ro\  ided,)  af»d  innke«peis,  brokers,  money  brokers,  insu- 
rance brokers,  and  auctioneers,  and  to  impose  duties  upon 
the  sale  of  goods  at  auction;  to  license,  tax,  regulate,  fUj)« 
I>ress  and  prohibit  hawkers,  peddlers,  pawnbrokers,  gro- 
cery keepers  Hud  kee|)ers  of  <)rilinaries,  theatrical  or  other 
exhibitions,  shows  ami  amusements:  Priivitli'd,  /inu'cvcj'j 
they  m  »y  regulate,  tax  ami  license  the  keeping  thereo',  if  a 
maj  )rity  of  the  voters  of  the  city,  at  the  first  cify  election, 
authorize  them  to  do  so,  in  the  same  manner  as  is  provided 
to  determine  about  the  sale  of  intoxicating  liquors. 

■*ttm«s.  Fuurlcmtk — To    license,    tax,    regulate    ami   suppress 

liackrnen,  draymen,  omnibus  drivers,  ]»orters,  and  all 
others  pur*uiiig  like  occu|mtion*J,  with  or  without  vehii'les, 
and  j'TescriSe  their  compensation,  and  to  regulate  and 
reslr.tifi  runners,  for  cars,  stages  an>l  ptiMic  hou-Jes. 

f.!u»»4  t«k:»«,  FiJIernlh  —  To  prohibit  and  stippress  billiard  tables,  pin 
alleys  and  ball  alleys;  to  suppress  and  restrain  disorderly 
hou<e!«,  ti|>pling  sIhijm  and  groceries,  bawdy  houses,  ga- 
ming and  gambling  houses,  lotteries  and  all  fraudulent  de- 
vices and  practices,  and  all  playing  of  card-J,  die*  and 
other  games  of  chance,  with  or  without  betting,  and  to 
ftutliorizf^  the  destruction  of  all  instruments  and  devices 
Ute.i  fir  the  purprxe  of  gambling. 

SirtrentU — To  authorize  the  proper  officer  of  the  city 
to  grant  and  issue  lu'en><es,  and  to  dire<t  the  manner  of 
i<SMiii^  aril  rei^i<terifi:{  tliereof,  and  the  fees  arul  charges 
to  be  paid  therefrir.  No  license  shall  be  grarited  for  more 
than  on»'  year,  an. I  no  license  fIhII  be  granted  for  more 
than  tfiirty  days,  trxcept  with  power  reserved  to  the  city 
council  to  revoke  su.-h  license  at  pleasure.  Tlio  city 
Council  sImII  hive  j)ower  tri  legulrfte,  licen'«e,  fax,  proliib- 
ity  and  puniih  the  sale    of  intoxicating,    alcoholic  or  malt 


685  1857. 

liq'inri',  wine,  cidrr,  heer,  Foda  water,  or  all  and  any 
diiiilis  wliatevei:  P rucideil.,  litiWt  uer^  the  said  fcuincil 
shall  have  no  power  to  aulhoiize  the  sale  of  intoxicating^ 
li(jii()rs,  except  toi  niechaiiical,  medicinal  or  rt-li^ious  pur- 
puses,  unless  the  Vol'  rs  ol  the  said  city,  shall,  at  llieir  lirst 
election,  to  he  lu  id  as  hert  inhetor*  provideti,  autliorizp, 
by  a  niaj')rity  ot  the  votes  then  given,  the  common  coun- 
cil to  authorize  such  sale:  Jl)\d  it  is  lieriby  pntvulid^  that 
•t  the  <iai(l  t  lection  the  poll  books  then  U'>ed  shall  he  pro- 
vided  with  two  column*,  in  one  ot  whii-h  shall  he  set  forth 
the  numher  of  votes  in  lavor  of  authonziiig  ihe  said  coun- 
cil to  exercise,  in  their  discretion,  the  power  of  lie*  using 
the  sale  of  intoxicatuig  drink*;  and  on  the  other  shall  be 
Set  forth  the  number  of  votes  against  authorizing  the 
said  council  to  grant  such  license,  as  above  provided. 
And  if  it  shall  appear  that  a  mnjority  of  the  votes  polled 
are  in  favor  (»f  authorizing  the  common  council  to  i;rai;t 
licenses,  in  their  discretion,  as  aforesaid,  then  sai<l  council 
shiill  tliencelorth  have  as  fuU  power  as  though  the  above 
written  proviso  were  not  h  part  of  this  charter;  but  if  no 
such  m.MJority  stiall  appear  then  the  power  of  the  com- 
mon council  shall  thenctforlh  be  restiicted,  as  j)ro\ided 
iu  the  above    written  proviso. 

Sevvnietnlh — To  regulate  the  license  and  tax  (he  keeping  Snic.r  intost^t 
sale,  by  drugmsts  or  other  persons  authorized  liy  tlie 
city  council,  of  alcoholic  liquors,  for  sacramental,  mechani- 
cal or  medicinal  purposes,  but  to  no  other  persons  and  for  no 
other  u>'e  or  jjurpose  whatsoever,  except  a3  hereinafter 
provided. 

Kigklcciilh — To  prevent, •  restrain  and  punish  forestal- 
ling and  regrating;  to  reguUte  the  inspection  and  vending 
of  Iresli  meats,  poultry  and  vegetables,  of  butter,  lard  and 
other  |)rovisions,  and  the  place  and  manner  of  selling  fish 
and  inspecting  the  same. 

J\''initcLiifk — To  reyulate,  license  and  j)rnhil<it  l)utchers  Batch«rt. 
and  to  revoke  their  licenses  fur  malconduct  in  the  course 
ci"  trade. 

Tweiiio  th — To  establish  standard  weights  and  measures,  wcisht*  »■ 
and  regulate  the  weights  and  measures  to  be  used  within 
the  city  in  all  cases  not  otherwise  provided  b^  law;  to 
require  all  tradeis  or  dealers  in  merchandize  or  jtroperty 
ol  any  descrij)tion,  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  sui>jecl  to  \\\i  inspec- 
tion, 'the  standard  of  such  weights  and  measures  shall 
be  conformable  to  those  established  bj  law  and  or<linance. 

Tirenlif-Jirsl — To  regulite  and  provide  for  the  inspect-  '-•°'**'>^ 
ing    and    measuring    of   lurnbc,    sliingles,   timber,   posts, 
stives,  heading  and  all  kinds  of  building  material,   and 


i«<.  v.- 


1857.  i5^^6 

for  tli^  in«'a«urinj;  of  all  kinds  of  inrclianical  work,  and  to 
app<tiiil  one  or  mure  inspectors  or  meiisurers. 
B^^  ^  Ttrritl f-^fCimd — Ti»    pra*  ide    for    the    inspection    and 

weijj'iiiiij  ot  liHN,  lime  und  v<toMe  o«)al,  and  the  pUi-e  and 
manner  of ''ellini;  Ihe  same;  to  rej'tilate  the  measurement 
of  firewood,  charcoal  Hnd  other  fuel,  to  he  Sold  or  used 
within  the  cii}",  Hiid  the  placw  and  maniu  r  cf  selling  tlie 
5aine. 

7 in  »t/-//u'rt/ — To  reu;ulate  the  inspeotiiMi  of  heef, 
pork,  ll  inr,  meal  and  otiier  provisions  ;  salt,  whisky  and 
other  ii(jut)rs,  tt)  he  sold  in  barrels,  hofj;sheads  and  othef 
vessels  or  packages  ;  to  appoint  wei»;hers,  gau<;ers  and 
inspectors,  arul  presorib»»  their  duties  and  regulate  theif 
fees:  Prui'it/i  t/f  that  notliini;.hirein  contained  shall  he  so 
construed  as  to  require  the  ins|tecli()n  ot  any  articles 
onnmrrated  herein,  which  are  to  l)e  sliip|)ed  beyond  tho 
limits  of  the  state,  except  at  the  recjuest  of  the  owaef 
thereof  nr  his  aoent. 

Ttrtiihj  fnuTth — To  renulate  the  weight  and  quality  of 
breati,  to  be  sold  or  used  within  the  city,  and  the  in- 
spectii)n  thereof. 

Tu'"uh/-fiJ'lh — To  rcc^'ilate  the  size  and  (juality  of  bricks, 
to  be  Sold  or  usid  within  the  cit\,  anil  the  inspection 
thereof. 

Tu't  ntf-sixlh — To  create,  establish  and  rtf^nlatc  the 
policy  of  the  city  ;  to  ajipoint  watchmen  and  policemen, 
and  pr«-scribe  tlieir  duties  ami  powers. 

Tii'i  nfij-sei'cntli — To  prevent  and  suppress  any  riof, 
affrJN ,  noMe,  distut  bance  or  disord'-ily  usst  mhly,  in  any 
public  or  private  place  within  tlie    city. 

Tit'vut I'li^hVi — T<)  pr«»hil)it.  prev»-nt  and  suppress  horso 
raciti^,  iojmoderate  riding  or  diivini^  in  the  city,  and  to 
authorize  per.tou'*  immoderately  riding  or  driv  ing,  as  alore- 
SAli,  t<i  be  stop|M-d  iiy  any  p)-r>on;  to  |iriihibit  and  punish 
tlie  :ibu!ie  of  anirnaU;  to  couipel  per-^ons  to  fasten  theif 
horfeji  or  other  animals  a'lached  to  xchicles  or  ollierwise, 
while  sUndin);  or  remaining  in  the  streets. 

Tii'fnfi/  Hiiilh  -To  restrain  and  puni-fh  vanrrants,  men- 
dicant<(,  street  begjrars  and  prostilutex,  and  provide  for  tho 
arreit  and  pu!iishin«-nt  of  |)ersons  found  intoxicated  in  tiie 
ftrfeti  or  public  places. 

TiiiriiitU — To  raj^ulafe,  restruin  or  prohibit  tliR  running 
at  larg"  of  lior.<«r'<,  cattle,  hs^.»,  muhs,  swine,  sheep, 
^oati  and  geeie,  nnd  to  authorize  the  disli  aining,  impound- 
ing and  '•ale  of  the  «ame,  for  the  r  ists  of  the  proceediti;^ 
and  tio-  penalty  incurred,  nnd  to  injpoxe  p«'nallie.s  on  tlio 
own»r«i  tfii-reof  for  a  vioUlion  of  niy  ordinance  in  nd.i- 
lion  tiieretrj ;  to  regulate,  restrain  .ind  pr(»hibit  the  i  un- 
oing  at  large  of  dog<,  and  to  autliori/.o    th<ir  dtstrncllon 


atr. 


637  1857. 

wliPii  at  large  contrary  to  ordinanct.',   uid  to  impose  j)en- 
aJti  s  (tf»  tlie  owiinrs  or  keepers  lliereof. 

T.'iirhj. first — To  prohibit  and  restrain  tlie  rolling  of  ^'""'"'■'"wfy 
hoop',  tl>Mit5  c)t  kites,  or  any  other  ainn«Jiintnt3  or  prac- 
tices tending  to  annoy  persons  passing  on  the  streets  or 
sidewalks,  or  to  frighten  horses  or  le;iins  ;  to  restrain  and 
proliibit  tlie  ringing  of  bells,  blowing  <d  liorns  or  bugles, 
crying  ot  goods,  or  and  all  other  noises,  performances 
and  |>ractices,  tending  to  the  collecting  of  persons  on  the 
streets  or  sidewalk*,  by  au^ctioneeis  and  others,  lor  the 
pur|io.se  of  business,  lunusetnent  or  otherwise. 

TuL/'tij-secuniJ — To  abate  all  nuisances  which  may  injure  Nu1»w»om. 
OT  atlect  the  public  morbls,  health  or  comfort,  in  any  nian- 
ner  t'ley  may  deem  expedient. 

Thirti/'third — To  do  all  acts  and  mxke  all  regulations 
whirli  m  ty  be  necessary  or  expedient  tor  the  proteclioii 
and  promotion  of  health  jind  the  suppression  ot  disea>e. 

Tnirltj-f-iurlh — To  compel  the  owner  of  any  grocery, 
cellai-,  soap  or  tallow  chandler  or  blacksmith  shop,  tan- 
neriti-',  stable,  privy,  sewer  or  any  other  unwholesome  or 
nauseous  house  or  [>lace,  to  cleanse,  remove  or  abate  the 
saun  ,  a^  may  be  necessary  for  the  health,  comfort  and 
convi-nience  of  the  inlialiitants. 

Tkirlfj-fiflh — To  direct  ihe  location  and  regtilate  the  Breweri«i,  s*. 
mana'^Mnent  and  construction  of  breweries,  tanneiies, 
blacksmith  sliops,  foundries,  livery  stables  and  packing 
houses  ;  to  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  and  restrain,  aba'e  ami  prohiidt, 
within  the  city  and  to  the  distance  of  one  mile  fi(,m  the 
limits  thereof,  distilleries,  slaughtering  establisiimenis, 
estaUlisliments  for  [steaming]  or  rendering  lard,  tallow, 
offal  and  such  other  substances  as  may  be  rendered,  andall 
other  establisliinents  or  other  places  where  any  nauseous, 
offt'iisive  or  unwholesome  business  may  be  carried  on. 

Tiiirljj-sixl.i — To  regulate  the  burial  of  dead  ;  to  estab-  BirUiof*»4. 
lish  one  or  more  cemeteries  ;  to  regulate  the   registration 
of  births  and  deaths;  to  direct  the  returning  and    kee|)ing 
of  bilN  of  mortality,  and  to  impose  penalties  on  physicians, 
and    sevtons,  and  olliers,  for  any  default  in    the   premises. 

7'u"/7y-T(  zruM — To  provide  tor  tlie  taking  an  enumera- 
tion of  the  inhabitants  of  the  city. 

Tliirly-cii^htU — To  erect  and  establish  a  workhouse  or  w«rki>«»M. 
Iiouse  of  correction,  make  all  necessary  regulations  there- 
for, Hud  appoint  all  necessary  keepers  or  assistants  in  such 
workhouse  or  house  of  correction,  in  which  may  be  con- 
fined all  Vagrants,  stragglers,  idle  and  disorderly  persons, 
who  may  be  commitied  tliereto  by  any  proper  offict-rs,  and 
all  |)crsori8  sentenced  by  any  criminal  court  or  magistrate 
court,  in  and  for  the  city,  for  any  assault  and  battery,  petit 
larcc'iiy  or  other  mi.sdi'mtanor  or  breach  of  any  oriiiuance  of 


13:»T.  ^'>^ 

the  citv»  puni<liaHle   by  impris-oTunent  in   any  cotinty  jail ; 
aiiii  «n\  i»f rsoii   who   sliall  lail   or  mj;!**.'!  to   pH)   mi}  line, 
prnalty  (>r  eosti:  inipost-d  hy  Kiiy  ordinance  ot  the  city,  tor 
an)  inisileint  anor  or  breach  of  any  ordinance  of  the  lity, 
may,  iiistt-ail  of  bt'ing  C(»iniiiitted  to  the  county  jail  of  Knox 
county,  be  k«'pt  thei  ein,  sut'jfct  io  labor  mid  confnununt. 
TUirIf  $itn'/t — To    Hiitl.on/e    uiul    direct  tlie   tttkin^j;  up 
••^«f  -tT^i:*  gnd  providing;  lor  the  salf  kftpiiis;  anO  t  tineation,  lor  such 
"*'**'*'  periods  of  time  as  m<iy  be  dttined  txpeditnt,  ol  all  child- 

ren who  are  drsiitnte  of  proper  parental  care. 

Forttrth — To  fill  up,  diain,  Meanse,  alter,  relay,  repair 
and    re^oUite    any    ^nmiuls,   lots,    jards,   cellars,  ]»rivate 
drains,  sinks   and   pi  ivies,  direct   and    regulate   their   con- 
struction, .  lid  cau«ie   the  expenses   thereof  to   he  assessed 
and  collected  in  the  same  manner  ns  sidewalk  assessments. 
Furtij first — I'o  direct  and  control   the  lajinjj  and  con- 
^'j^i'./^iib'  strucfiuii  of  railr«>ad  tracks,  bii.'ges,  turn  outs  diid  switches, 
u»i««*i/.        jj^  the  streets  and  alleys,  hikI  the  location  of  depot  grounds 
within   the   city;   to   recjuire   that  railroad  tiaiks,  hi  iilges, 
turn-outs  an<l   swi  dies   shall    be  so   co;  sirueted   and   laid 
out  as  to  inteifere  as   little  as  possible  with  the  ordinary 
travel  iiiid  use  of  the  streets  and  alleys,  and  that  siifFuiient 
ji]>acc  5hdll  be  left  on  either  side  of ''aid  tracks  lor  the  saftt 
and  convenient  passage  of  teams  and  jitrsoii'^  ;   to  re(|uiro 
railroad  companies  to    ktep  in   repair  the  streets    through 
•ir*.ul^      *   which  their  track  may  run,  and  to  constnu;t  and  k« «  p  in 
repair  suitable  crossings  at  the  intersections  of  streets  and 
alle)S,  and   sewers,  ami   ditehes,   and   culvej  ts,  when   the 
city  council  sIimII  tieein  necessary  ;  to  direct  and   prohibit 
the    use    and    regulate    the    speed   of   locomotive    engines 
within  the  inhahited   portions  of  the  city  ;  to  prohibit  Jind 
restrain  railroad   comprtni«s  from   doing  storage  or  ware* 
hou-'e  bu.'^iness  or  codecliitg  |)ay  for  storage. 
rMM.      trv*.       Furtj'Sfcitml — The    city  council    shall    have   power  to 
^21^2"^  pa<'»  publish,  amend  and  repeal  all  ordinances,  rule.-*  and 
police   regulations,  not    contrary    to   the-  coiislitution    or 
laws    of  the  United    Stales  or  of  this  state,    for  the    good 
government,  peace   and   order  of  the    city,   and  the  trade 
ar.d  comiTierce  thereof,  that  in  »y  be   necessary  or  |)ic>|i(r 
to  carry  into   effect  the  powers   vesteil  by  this  act    in  tho 
corpora'ion,   the   rity  govermn   nt    or  any    <lepiirlinent  or 
ot?i>e  thereof;  to  de^ei  mi'ie  wliiit  sIihII  [  i>e  a]  nui.saiice,  and 
provide  for  the  punlshii.int,  removal  and  ahaleinent  of  the 
»»'ne  ;   t)    enact  and    enlor«;e    the   ob-.-rvance   of  all   such 
rulen,   ordinances   and    police    regula*ions,  nnd  to   puni-ili 
violations  of  the  same   by   fines,   penalties  and  imprison- 
ment   in  the   county  jail,  city   |)risnn  or  work- house,  or 
both,  in  the  ditcretion  of  the  court  or  magistrate    before 
wloin  ricvirliori  may  he  had  ;   hut  no  fine  or  jienalty  fihall 
cKce'd    five   hundred  dolUrS|   nor  tho   imprisonment  til 


089  nr,i. 

montlis,  for  any  oflVnop  ;  ami  such  fine  or  penalty  may  be  rmMandnn.!. 
recovered,  with  costs,  in  un  action  of  debt,  in  the  name 
or  for  tlje  use  of  tlie  city,  before  any  court  having  juris- 
diction, or  by  prcstMituK-nt  or  indictuu-nt  in  the  circuit 
court;  and  any  person  upon  whom  any  fine  or  penalty  is 
imposed,  shall  stand  committed  until  the  payment  of  the 
same  and  costs,  and  in  a  default  thereof,  may  be  im- 
prisoned in  the  county  jdil,  citj  prison,  woik-house,  or 
re(juired  to  labor  on  t:ie  streets  or  other  public  woiks  of 
the  city,  for  such  time  and  in  such  manner  as  may  be 
provided  oy  ordinance. 

Article  VI. —  0/  Taxation. 

§  1.  Tlie  city  council  shall  have  power,  within  the 
city,  by  ordinance, 

/Vf.s/ — To  levy  uiid  collect,  anntially,  [taxes]  on  all  real 
and  personal  estate  ami  property,  within  the  city,  and  all 
personal  property  of  the  inhabitaiits  thereof,  made  taxable 
by  the  laws  of  V\e  state  for  state  purposes,  t)  defray  tlie 
general  and  contingent  exp»Mises  of  the  city,  not  herein 
otheiwi-ie  provided  for;  wiiich  taxes  bhall  constitute  the 
general  fund. 

Second — To  require  every  male  resident  of  the  city,  R'.i«i  and  i.tr«i 
over  the  tige  of  twenty-one  years  and  under  fifty  years,  '"•"' 
to  labJt  three  days  in  each  year  upon  the  streets  and 
alleys  of  the  city  ;  but  any  person  may,  at  lis  o])tion,pay, 
in  lieu  thereof,  one  dollar  lor  each  day  re(|uired  : 
Provided^  the  same  shall  be  paid  within  ten  days  after 
notification  by  the  street  commissioner.  In  d»fault  of 
payment,  as  aforesaid,  the  sum  of  three  <^)llars  and  costs 
raaj  be  collected,  and  no  set  ofl' shall  be  allowed  in  any 
suit  brought  to  collect  the  same. 

Article  VII. — Of  ^Isscssmentsfor  uj  eving  Streets  and 

\  1.  The  city  council  shall  have  power,  upon  the  pe- 
tition of  the  owners  of  two-thirds  of  the  property  fronting 
thereon,  and,  without  sucli  petition,  by  the  unanimous 
vote  of  the  city  council,  to  open  and  lay  out  public 
grounds  or  squares,  streets,  alleys  and  highwajs,  or  sec- 
tion thereof,  and  to  alter,  widen,  construct,  straighten 
and  discon'Inue  the  same  ;  but  no  street,  alley  or  high- 
way, or  any  part  thereof,  shall  be  discontinued  or  con- 
tracied,  without  the  constnt,  in  writing,  of  all  persons 
owning  land  or  lots  adjoining  said  street,  alley  orhigliway. 
The  city  council  shall  cause  all  streets,  alleys  and  high- 
ways, or  public  sq<iares  or  grounds,  laid  out  by  them,  to 
bo  surveyed,  described  and  recorded  in  a  book  to  be 
—66 


1S57.  C90 

kept  by  the  clerk,  showins;  accurately  nnd  particularly 
the  |irt«|>iK<ed  iinproveuieuts  aiul  the  reHJ  estate  r»(|uireti 
to  be  taken;  and  the  same,  when  (>|)eneil  and  nuule,  shall 
be  public  highwajs  and  puhlic  scjuart-s. 
j(«<K-« wMci*-  ij  '2.  Whenever  any  street,  alley  or  lii^hway,  ptiblic 
•iMrrM*  ground   or  s<]uare,   is  proposed    to    be   laid   out,   opened, 

•  Itered,  widened  or  straightened,  by  virtue  hert-of,  and 
the  aumunt  ot*  corr.j'ensatiiin  canni>t  he  agreed  \ipoii,  the 
city  couneil  shall  give  notice  of  tin  ir  intention  to  appro- 
priate and  take  the  land  necessary  lor  the  snine  to  the 
owner  thereof,  by  publisi  ing  said  notice  by  two  insertions 
in  a  weekly  paper  or  six  insertion*  in  a  daily  paper,  in 
ihe  newspaper  j'ublishing  the  ordinances  of  the  city  ;  at 
liie  expiration  of  which  time  they  shall  appoint  (hri  e 
disinvereste<l  freeholder."^,  residing  in  the  ''itj,  as  commis- 
sioners, to  ascertain  and  assess  the  damages  and  recom- 
pense due  the  owners  of  said  real  estate,  respectively, 
and  at  the  same  time,  determine  what  persons  will  be 
benefitted  by  such  improvement,  and  a?sess  the  diunHges 
and  expenses  thereof  on  the  real  estate  in  the  n''ighl)or- 
hood  ..f  the  improvement'bt-nefitted  thereby,  in  propoition, 
as  nearly  as  ms)  be,  to  the  benelits  resulting  to  each.  A 
majority  of  the  councilmm  authorized  by  law  to  be  elec- 
ted, shall  be  necessary  to  a  choice  of  commissioner.i. 
Tlie  cominiHsioners  shall  be  sworn  faiihfnily  and  impar- 
tially to  execute  their  duties,  to  the  Itest  of  their  abilities, 
before  entering  upon  their  duties;  they  shall  give  at  least 
five  ditys  peisonal  notice  of  the  time  and  place  of  their 
meeting  for  the  purposes  of  viewing  the  pr«mise8  and 
mnking  their  asses«-ments;  which  notice  shall  be  given 
oril)  to  the  owners  who  are  residents  thereof  and  known. 
They  shall  view  the  premisi-s,  and,  in  their  discretion, 
receive  an)  legal  evidence,  and  may,  if  necessary,  adjutirn 
from  i\(ty  to  day. 
»B.v4<«c«  u  I-  k  '*•  'f  there  should  be  ai.y  buildings  standing,  in 
.,..  ■v,,x  ^|,„|,.  ^j,  j„  part,  Ujiou  the  land  to  he  takm,  the  C');i:n\is- 
'.  •  •  •  si  )ner<i,  before  prcK-er.ling  to  make  their  assessment,  shall 
«««'i4** »M«M-  first  estimate  and  determine  the  whole  value  of  such 
***  biiiblifig    to  the  owner,    a^iil**  from    the  value    of  the  land, 

and  the  actual  injury  to  him  in  having  such  building  taken 
Jrnin    him,   and,  secyndly,  the    value    of  such    building   to 
him,  to  remriVe. 
««i*M.  $   4.      At   lea^t   five  day'   notice   shall  be   gi\-en   to  the 

owner,  of  .lunh  determination,  when  known  atid  a  resident 
of  t?.e  city,  whieli  may  be  given  personally,  or  in  writing 
left  at  liin  iiMial  place  of  abode.  If  a  nonresident,  or 
unknown,  like  notice  to  all  persons  interested  shnll  be 
given,  by  one  publication  in  the  newspaper  joiblishing 
th»"  ordittancea  of  the  city.  Such  notice  shall  specify  fho 
building*  and    the  award   of  the  commissioners.     It  shall 


C91  1857. 

also  require  the  persons  interested  to  appenr,  b}'  a  c?ny  to 
be  iiiuiH'd  tli'Teiii,  iii)t  excelling  tl.iity  <)a)s,  or  fiive  no- 
tice of  tli^-ir  election  to  the  city  council,  either  to  accept 
the  award  of  the  ennimissioners  and  allow  such  htiilding 
to  bn  taken,  with  the  land  condemned  or  aj)propriated,  or 
of  their  intension  to  receive  such  hiiilding  at  the  value  set 
therer)n  hy  (he  coinniissioners,  to  remove.  It  the  owner 
shall  aprree  to  remove  such  building  he  shall  have  such 
reasonable  lime  for  that  purpose  as  the  city  council  may 
direct. 

5  ").  If  the  owner  refuses  to  take  the  building  at  its  po'"  •'  •»•* 
ripprhi'sed  value,  to  remove,  or  (ail  to  mve  notice  cf  Ins 
iiitenti')n,  as  aforesaid,  within  the  time  presc/ it)efl,  the 
city  council  shall  have  ])ower  fo  jlirect  the  sa'e  of  such 
building,  at  puhlic  auction,  for  cash,  or  on  a  credit,  giv- 
ing five  days'  puhlic  notice  of  the  sale.  The  ,  r'»('«  eds 
of  the  sale  shall  be  paid  to  the  oA'ner  or  deposited  to 
his  u«e. 

5  t».  In  making  their  assessment,  the  said  commis-  >^~'«"' ■'»*"• 
siontTS  shall  ascertain  the  value  of  the  land  taken  and 
all  expenses  of  the  improvement  and  damages  occasioned 
thereby,  and  then  assess  upon  the  property  in  the  neigh- 
borhood benefitted,  in  f.iir  ])ro()ortion  ,  a  sum  snlRcient 
to  cover  the  whole  amount  thereof;  wliii-h  shall  be  paid 
by  the  owners,  respectively,  and  be  a  lien  ujion  the  jiro- 
perty  on  which  it  may  be  assessed,  and  collected  as  other 
taxes  are  collected,  by  sah;  of  the  land  or  otherwise. 
The  value  of  the  land  taken  from  any  owner  slull  be  a 
credit  to  him  on  the  assessment  against  him  for  his  share 
of  the  improvement;  and,  if  more,  the  difference  shall  be 
paid  him  in  money,  before  the  land  is  taken.  S^iid  com- 
missioner shall  partictilarly  d'^scribe  the  lane's  and  parcel!* 
on  which  either  assessmerit  may  he  made,  and  make  a 
return  of  ♦heir  proceedings  and  assessments  to  the  city 
council,  within  ten  day   after  its  completion. 

^  7.  The  clerk  shall  give  ten  day'  notice,  by  one  Pnh'in  nrticc  ia 
publication  in  the  news|)jiper  piildishiiig  the  ordinances  >ort..i»  caie». 
of  the  city,  tliat  such  assessment  h«s  been  returned,  and 
on  the  day  to  be  specified  therein  will  be  acted  upon  by 
the  city  council,  unless  objections  Dre  made  to  the  same 
by  some  jierson  interested.  Objections  may  be  heard 
before  the  city  council,  and  the  Imhi  ing  may  be  adjourned 
from  day  to  day.  The  council  shall  have  power,  in  tiit  ir 
discretion,  to  alter,  confirm  or  annul  the  assessment.  If 
annulled,  all  the  proceedings  .""hHll  be  void.  If  altered 
or  confirmed,  an  order  shall  be  entered,  directing  a  war- 
rant to  is'^ue  for  the  collection  thereof. 

§   !^.     The  city  council  shall  ha\e  power  to  lemove  the  r  wor   cf    ti^ 
commissioners  and,  from  time  to  time,  appoint  others  in   ;Ja[" ^bJIII 


l^^T.  602 


T*Ure>  of  sncl>  «s  may  be  removetl,  rtru«?e,  neglect,  or  are 
*    uuaMr,  Ir-uu  an)   c»«ise,  to  st-rve. 

^  i».  Tlie  land  rtqiiiretl  to  he  tttk*  n  for  tlie  linking, 
0|Miiin>;,  wiiieniDj:,  slrai^litenin^  ov  «'t.-iinp  nu\  street, 
all.  V  or  otli«  r  Mi;!. why  ^>r  |»«il>lie  i;r(Uiiul,  or  ?tjuar.-,  shall 
liol  be  a|>pr.)pri.iteil  until  ilie  tlaiiMi^fs  luvarileti  tlirefor, 
to  «tiy  owner  lliereot",  uiuli-r  tbis  act,  sliall  b«'  |)iiil  or 
tendrreil  to  such  nvner,  or  bis  a<;«-ut,  or  in  rasp,  sii.'li  owner 
or  a^ent  cauuol  be  found  in  ti.e  eity,  (hposited  to  bis  or 
tln-ir  credit,  in  some  safe  place  of  deposit,  otlit-r  than 
the  bands  of  the  trtasur»  r;  and  then,  an<l  not  b«  for.  ,  such 
lands  may  be  taktn  and  »|.|iropriat»  tl  for  the  purpose 
riq«iirtd  in  makiiig  sucb  inipro\ «  nunts;  wntl  sucb  streets, 
allf>s  or  other  liij^l.ways  or  i»ublic  mouml  ma)  In-  made 
anil  opened. 
fnt^rtfv  S  !•».  Any  person  interestt  d  may  appeal  inm  any 
Jj***  'i^«^  final  ord.r  of  ihe  city  council  for  openii.g,  wi.  ening, 
•"*'  al'erii'^  or  straii»liffninp   any  strett,  alley   or  oti  »  i    liigjj- 

way  or  jiublic  grounti,  to  tl  e  police  rouit  »)r  (  ircuit 
court.  After  the  passage  of  saiil  final  order,  sawi  court 
to  determine  sutli  appeal,  and  confirm  or  annul  the 
preceding*;  from  which  aj'peal  lo  judgment  cr  writ 
of  error  shall  lie.  Upon  trial  of  the  appeal  all  (jurstions 
ih\ol\ed  in  said  pro*  ee(  ings,  including  the  amount  of 
damages,  si  all  be  o|,<ii  to  investigation,  by  alfi<!  >  itt  or 
or*l  testimony  adduced  to  the  couit,  or  uj)on  ajtpliiations 
ol  the  city,  or  any  party,  the  amount  of  tlama^t  s  may  be 
assessed,  by  a  jury,  in  said  court,  without  formal  plead- 
inK",  and  judguunt  r«  ndercd  accordingly.  Tl..  court 
ahtfll  not  set  a-idf  »he  proceedings  or  fui.il  <.rd»  i  wf  the 
council,  tor  any  o'uission  or  inloi  uuilii} ,  will.oiii  injury 
has  re!»ulted  th.-r*  ii-'Ui. 
r-MM.-,*u  ji   11.     When  H0>  ownrr  known,  o  other  prrsoii  !.aving 

•••*'**■***'•  nn  interf><t  in  any  real  estate,  residirg  in  the  cit\  or  else- 
vheie,  shall  be  an  infant,  and  bU)  nproceediiig-  vl.all  be 
had  nndi  r  ihifl  art,  tlie  judgi-  of  the  (  ircuit  conil  or  any 
judg.-  t.f  d  court  of  rrc«)rd,  may,  np(  n  the  app!i  tton  of 
Ihc  city  council,  or  such  infant,  or  his  next  fri«n.  .  ,  |)point 
a  g-'ardidu  b»r  mi<  h  infant,  t».kiig  tec-uii'y  |.  .ni  such 
guurdian  for  tlie  iaitblul  execution  of  siuh  trust,  ^nd  all 
notireii  and  sutnmoiii  r.  quired  by  this  act  shall  »>i;  tierved 
on  aurh  Luatdian,  and  U'*'  fii)»l  d<'>erininati<M)  >(  <  ither 
the  common  roimril  or  court  in  the  piemises  Imll  bo 
conduKivr  on  such  infant,  and  the  proceedings  hiiuU  not 
bo  opened  at  any  tl.ii'-  thi  reaf.er 


093  1857. 

Article  VIII. — Public    J/nprovemenls  and  ^Isscssmcnfs 

there/or. 

§  1.  The  city  council  shall  have  ]>wwer,  from  timo  fo 
time,  U|»or»  the  pflition  of  the  owners  ol  two-thiris  of  the 
proj)eity  froMtiiif;  thereon,  or  without  such  petition,  by 
the  nil  iiiiinous  voti-  of  the  council,  to  cause  any  street, 
alley  i  r  other  his^liway,  or  section  thereof,  to  ue  praded, 
regra(ir<i,  levellt-tl,  paved  or  planked,  and  keep  the  same 
in  repair,  and  alter  and  change  the  same;  to  cause  side 
and  cioss  walk^-,  main  drains  and  sewers,  and  private 
drains  cr  section  thereof,  to  be  constructed  and  laid, 
relaid,  cleansed  and  repaired,  and  r<  <^ulatc  the  same;  to 
{Trade,  improve,  protect  and  ornament  any  public  scjuare 
or  other  public  ground  now  or  hereafter  laid  out. 

§  2.  The  city  council  shall  have  power  to  assess  and  cur  uxof 
collect  of  the  owners  of  lots  or  real  e«!tate  on  any  street 
or  oth.  r  highway,  or  any  part  thereof,  in  the  same  manner 
a?  ollu  r  city  taxes,  or  in  such  a  manner  as  may  be  pre- 
scribe.i  l.y  ordiiijince,  all  expenses  and  damages  for  the 
purpose  of  grading,  pavirg  or  planking  such  stieet,  side- 
walk, j)4vemeiU  or  other  iiighway.  All  owners  or  occu- 
pants ot  lots  or  lands  in  front  of  or  adjoining  or  upon 
whoso  premises  the  city  council  shall  order  and  direct 
sidewalks  or  private  drains  or  gutters,  comrnunicating 
with  any  main  drain,  to  be  constrticted,  graded,  paved, 
planked,  repaired,  relaid  or  cleansed,  or  shall  declare 
any  such  lands  or  lots  to  be  nuisances,  and  order  the 
same  to  be  graded,  filled  up  and  drained,  or  otherwise 
improved,  shall  make,  grade,  pave,  plank,  repair  or 
relay  such  sidewalk,  or  make  or  cleanse  such  private 
drain,  or  grade,  fill  up,  drain  or  otherwise  improve  svich 
lot  or  land,  at  their  own  cost  and  charges,  within  the  time 
and  in  manner  prescribed  by  ordinance  or  otherwise, 
and  if  ni»t  done  within  the  time  and  in  the  manner  pre- 
scribed, the  city  council  may  cause  the  same  to  be  con- 
structed, paved,  planked,  repaired,  relaid,  cleansed,  filled 
up,  graded,  drained  or  otherwise  imjjroved,  and  assess 
the  ex[)ense  and  damage  thereof,  by  an  ordtr  to  be 
entered  in  their  praceedings,  upon  the  lots  and  lands 
respectively,  and  collect  the  same,  by  warrant  and  sale 
of  the  premises,  as  in  other  cases.  A  suit  may  also  be 
maintained  against  the  owner  of  such  premises,  for  the 
recovery  of  sucli  expenses,  as  for  mjney  paid  and  luid 
out  to  his  use  at  his  request. 

§  .)       la  all  cHses  wliere  expenses  may  be  incurred  in  ncm'>vi)  r.f  - 
the  removal  of  any  nuisance,  the  city  council  may  cause    "'"^'*"- 
the  same  to  be  assissed  against  the  real  estate  chargeable 
tlierewitli,in  the  same  manner  prescribed  in  the  foregoing 
section.     Such  expens-.-s  may  be  likewise  coUtcted  by  the 


1S57.  694 

owner  or  occupant  of  such  premi«es,  in  a  suit  for  money 
exj'fudtil  to  liis  or  tlirir  ust*;  hiuI  in  cuse  the  same  should 
not  be  oharpeahle  to  any  u-al  estate,  suit  may  in  like 
niAnner  be  broufrht  lor  such  expenst-s  against  the  author 
of  surh  nui<ani*e$,  if  kriown.  or  any  pi-rson  whose  duty 
ni.«\  hf  to  remove  or  abite  the  same. 

^  4.  The  city  coum-il  shall  have  powrr  to  compel  the 
owners  of  h»ts  or  gronmi  fr  >ntin^  or  aiijnihin<j  any  public 
or  private  alley  to  keep  the  same  clean,  and,  if  necessary, 
to  direct  the  same  to  be  paved,  planked  or  otherwise,  and 
the  costs  tliereof  to  be  assessed  and  collected  in  the  same 
manner  as  sidewalk  assessments. 

Article  IX. —  CoHtctiun  of  Taxes  and  ^^asessments. 

^  1.  The  annual  a<!sessment  lists  shall  he  returned  by 
tht'  assessor,  on  or  before  the  first  day  in  August  in  each 
vt-ar;  but  the  linie  may  be  fXteiided  hy  the  ciiy  council. 
On  the  return  thereof  the  city  council  shall  fix  a  day  for 
hi-ariiq  ohjt-ctions  tlureto  ;  and  tlie  chrk  shall  give  one 
werk'j  notice  of  the  time  and  place  of  such  heaiing,  by 
one  publication  in  the  newspaper  publishing  the  ordinan- 
ces of  the  city  »  and  any  person  fet-liiip;  aggrievt-d  hy  the 
assessment  of  his  property  may  appear,  at  the  time  speci- 
f»«-d,  and  ni.tke  his  oljrctions.  Tiie  city  council  shall 
have  p  twer  to  supply  omissions  in  said  assessment  iists^ 
and,  lor  the  purpose  of  equalizing  the  same,  to  alter,  add 
to,  tak**  from,  and  otherwist?  correct  and  revise  the  samei 
or  to  refer  the  same  hack  to  the  assessor,  with  instruc- 
tini.«  to  revise  and  c  >rrect  the  same;  and  the  treasurer 
ahali  have  po«  i  r  to  add  to  and  supply  omissions  hy  the 
assessor,  after  the  warrant  shall  have  come  into  his  hands. 
'"*  f)  '1.  When  the  asses^sment  lists  have  been  corrected 
•nd  revised  the  same  shall  be  filed,  and  an  order  confirm- 
ing the  same  and  directing  the  warrant  to  be  issued  for 
the  collection  theri  of  shall  be  entered  hy  the  clerk.  The 
city  council  shall,  thereupon,  hy  an  ordinance  or  resolu- 
tion, levy  such  sum  or  sums  of  mom-y  as  may  hi*  sufhtient 
i>ir  tlie  several  purposes  for  which  taxt  s  are  herein  author- 
ized to  be  levied,  not  exceediiig  the  authorized  per  cent- 
al*-, aii.l  in  their  <!i><creti>>n  specifying  tlo;  purpo.^es  for 
which  the  fame  are  le\  ied,  hiifl,  if  not  lor  gein-ial  piii  poscs, 
thf?  divi.tion  uf  the  city  n|ion  wliicf  the  same  are  laid. 

^  ''>.  All  taxes  and  asses^nit  tits,  general  or  speciul) 
l<>\i>(l  or  ai«es«ed  by  thn  city  council,  rnder  this  act,  cr 
•  ny  ofitinanei;  in  pnrjtnance  thereof,  shall  hy  u  lie.i  upon 
the  real  eilate  upon  which  the  snnte  may  be  imposed, 
voted  (  r  ^••••tfed,  for  two  years  from  and  after  said  first 
day  of  Ai'^'i.^t,  mid  on  p«  ronwl  estate  from  ai.d  till*  r  the 
deliver)  ol    the  warrant    f' r   tie    colkilim    lit  k  of,  until 


09  5  ISiu. 

pall]  ;  and  no  sale  or  transfer  shall  aflect  the  lien.  Any 
personal  property  belonging  to  liie  debtor  may  be  t:iken 
and  Sold  for  the  paj  merit  ol  taxrs  on  real  estate,  [and  the 
real  estiite]  shall  be  li.ilile  f  >r  the  taxes  on  personal  estate 
in  case  of  removal:  Proi'it/r</,  that  in  casethe  collecti^'n  of 
any  assessment  shall  be  dt-layed,  by  injunction  or  other 
judicial  proceeding*:,  the  same  shall  continue  a  lien,  unless 
set  aside,  upon  the  real  t-state,  for  the  pt  riod  of  two  jears 
from  and  afler  the  final  di-iposilioii  ul  sncii  injunction  <.>r 
other  judicial  proceeding. 

§  -4.  The  cleik  shall  issue  a  warrant  or  warrants  for  warrant*  lur 
the  taxes,  and  rule  therein  separate  columns,  in  which  the 
tax  levied  shall  be  re«"pectively  set  down  opposite  the 
name  of  the  person  or  such  real  estate  subject  thereto. 
£ach  column  shall  be  headed  with  the  nume  of  the  tax 
therein  set  down. 

§  5.  All  warrants  issued  for  the  collection  of  general 
or  special  taxes  and  assessments  shall  be  signed  by  the 
mayor  and  cleric,  with  the  corporate  seal  thereto  attached, 
and  shall  contain  true  and  perfect  copies  of  the  corrected 
assessment  lists  upon  which  the  same  may  be  collected, 
and  shall  be  delivered  to  tlie  treasurer  fur  collection,  by 
the  first  day  ol  October,  unless  further  time  be  given  by 
the  city  council,  of  which  he  shall  give  notice,  by  publi* 
catiou  in  the  newspaper  publishing  the  city  ordinances. 
The  treasurer  shall,  thereupon,  proceed  to  the  collection 
of  said  taxes;  but  he  shall  in  no  case  be  C(»mpelltd  to 
make  personal  call  or  demand  for  the  same.  If  not  other- 
wise paid  by  the  first  day  of  January  following,  the  treas- 
urer shall  have  power  to  collect  said  taxes,  with  interests 
and  costs,  by  suit,  in  the  corporate  name  of  the  city,  or 
by  distress  and  sale  of  personal  property.  And  the  treas- 
urer shall  be  a  competent  witness,  and  the  warrant  to  him, 
as  aforesaid,  evidence  on  the  part  of  said  city. 

§  0.     All  taxes  or  assessments,  general  or  special,  shall  Trf«Mir<>r       t« 
be  collected   by  the  treasurer,  in-the  same   manner,  and    e*»*of'''«>«n^f 
with  the  same  power  and  authority,  as  is  given  by  law  to   t«"««*'"- 
collectors  of  county  and  state  taxes  ;  and  his  duty  in  regard 
to  returning   warrants  and   settling  with  the  city,  and  his 
liabilities  in   case  of  default  or   misconduct,  shall   be   the 
same  as  prescril  ed    by  law  :   Provided,  the    city   council 
shall  have  power  to  prescribe  the  powers,  duties  and  lia- 
bilities of  the  treasurer  by  ordinance. 

§  7.  \u  case  of  the  nonpayment  of  any  taxes  or  assess- 
ment<>,  levied  or  assessed  under  this  act,  by  the  first  day 
of  January  of  each  year,  the  premises  may  be  'old,  at  any 
time   thereafter,  within  two  years.     Belore  such  sab'  an  -* 

order  shall  be  made  by  the  city  council,  which  shall  be 
entered  at  larg»»  or  the  j  )urna  s  or  records,  partirulaily 
describing   the  delint^uent   premises   to  be   sold,  and   tiie 


amount  of  taxes  for  wliirh  the  sale  slinll  be  mnde,  besit^es 
tbe  cos'.e,  wbieb  cost*  iifed  not  then  be  ascertained,  and 
dirt'oting  sale  tbcrebv  to  be  made  by  the  tieasurer;  a  cer- 
tified e»»|»>  "f  which  tinier,  under  the  corporate  seal, 
sii;n»d  by  the  mayor  or  presidini;  urticer  and  eleik,  shall 
be  dilivered  to  the  trea"?nrer,  and  shall  constitute  the  pro- 
cess upon  wliieh  such  sa'e  shall  be  made. 

§  8.  The  treasurer  shall  then  i^dvertise  such  premises, 
in  the  newsjiajier  publishing  the  ordinances  ol  the  city, 
for  sale,  at  Irast  thirty  «!a}s  from  and  after  the  first  pub- 
Iica'iitn  of  such  notiee,  de'^eribiiiij  the  iiremise"!,  by  fisj;ures 
or  otherwise,  with  tlie  name  of  the  owner,  when  known, 
and  the  several  amnuntsJ  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  prooeetlings  for  tlie  saU-  of  any  pifce  of  ground  may 
be  s'opprd,  at  any  time,  mi  the  payment  of  taxes  or  assess- 
ment and  interest,  with  exjiense  of  atl vertisMiMj;   the  same. 

■  •■■r-  r»  cjo-  J  »).  ,\||  sales  shall  be  conducted  in  the  manner  required 
"*  **'**  by  law  ;  hut  the  city  couiicil  shall  have  power  to  prescribe 
the  manner  of  c<Miducting  the  same.  The  sale  shall  be 
madt>  for  the  smallest  portion  of  t;rf)nnd,  to  be  taken  from 
the  easl  side  of  the  premises,  for  which  any  person  will 
take  the  same  arul  pay  the  taxes  or  as^essnu-nts  thereon, 
with  interest,  and  cost  ©f  sale.  Dnjdicate  certificates  of 
sale  shall  be  made  and  subscribed  by  the  treasurer,  one 
of  which  shall  be  delivered  to  the  purchaser,  and  the  other 
fih'd  in  the  office  of  th»'  cl»>rk  ;  which  certificate  shall  con^ 
tain  the  name  of  the  purchaser,  a  description  of  the  pre- 
mises ^n\t\,  the  amount  of  tavr?  or  assessnirnts,  with  the 
int»Te«t  anil  exjien-'es  for  which  the  same  was  sold,  and 
wlien  the  time  to  r«  deem  will  ex]>ire.  The  treasurer  shall 
be  allnved  the  same  fres  for  selling  as  are  allowed  by  law 
for  similar  s»'rvic«'<»,  or  his  fees  ma)  he  rrguhiti  <l  by  ordi- 
nance'. Tiie  clerk  shall  k«ep  a  record  of  sueh  sales,  which 
thall  be  ojieti  to  the  public  inopectiun  at  all  reasonable 
time*. 

•  i«M «f r*«>«>-  ^  10.  The  right  of  redemption,  in  all  cases  for  sales 
for  taxef  or  assessments,  shall  exist  to  the  owner,  his  heirs, 
creditors  or  a«sign«,  to  the  same  extent  that  it  is  allowed 
by  law  in  cases  of  siles  of  real  tstate  for  taxes,  on  tliQ 
pajment,  in  specie,  of  double  the  imiount  for  which  the 
fame  wan  sohl ;  and  all  taxes  pccruing,  chargeable  or  paid 
on  th»!  preminen,  tubwequent  to  th'?  sale,  with  interest; 
but  infant*,  y>/^im''  C'lirrts  or  lunatics  shall  have  no  other 
orfiir'her  ngbtn  of  re<lcmptir)n  than  other  persons.  In 
ca«e  of  redemj»tif)n,  the  money  may  be  paid  to  the  pnr- 
cba«^r  or  t'»  tlie  person  entitled  to  the  same,  or  for  him  to 
lbi>  ri»y  rb-rk,  who  sIihII  make  n  special  deposit  thereof 
with  ttii!  treasurer,  taking  hii  receipt  therefor.  If  not 
redefined  according  to  law,  the  city  council  ahall,  upon 


!»•• 


C97  1857. 

tlie  rnlurn  of  the  oprtlfioatp,  or  proof  of  if.s  1.)<!S,  (lirec*  a 
dee(]  to  be  executed  t«i  the  |mm  cliasrr,  under  llie  corpoiate 
sciil,  sit^ued  by  the  wiayor  or  presidinn  officer  of  the  city 
coun  il,  uud  countersigned  by  the  cleik,  conve)in<»  to  such 
purchaser  the  preini<!es  so  sold  and  unredeemed  as  afore- 
said. An  abstract  of  all  deeds  so  made  and  delivered  shall 
be  entered,  by  the  i-lerk,  in  the  book  wherein  tax  sales  are 
recorded.  A  fee  of  one  dollar  ia{\y  be  charged  by  the  clerk 
fjr  any  deed  so  issued. 

§  1  I.  The  assignee  of  any  tax  ^certificate  of  any  pre-  Awignte*. 
mises  sold  for  taxes  or  a'^sessments,  under  authority  of 
the  city,  shall  be  tMitiiled  to  receive  a  deed  o(  such  pre- 
mises, in  hi.^  own  ii.im»',  and  with  the  same  effect  a^^  though 
he  IkkI  been  the  orii^inal  purcla-'er  :  Prot<i(/t  d,  hf  or  they 
through  whom  he  citiims  shall  have  paid  all  taxes  and 
TtSsessments  mady  since  said  sale,  on  said  premises. 

§12.  li  at  any  sale  of  real  or  personal  estate,  for  taxes 
or  assessments,  no  bids  shall  be  made  for  any  parcel  of 
land,  or  any  floods  and  chattels,  the  same  shall  be  striuk 
off  t>)  the  city,  and  thereupon  the  city  shall  receive,  in  'he 
corporate  name,  a  certificate  of  the  sale  thereof,  and  shall 
be  vested  with  (lie  same  rights  as  other  purchasers  at  such 
sales.  All  persons,  before  they  shall  be  entitled  to  a  deed 
for  premises  sold  for  the  non|)a)ment  of  taxes,  shall  com- 
j)ly  with  sec.  4,  article  *••,  of  tlie  constitution  of  this  state, 
and  sliall  produce  to  the    proper  olfioer  the  proof  thereof. 

§  ]•'>.  All  s-iles  of  lands  or  lots  for  nonpaj  ment  of  taxes, 
contemplated  by  this  act,  and  deeds  made  to  purchaser*? 
or  thrir  assigns  for  the  same,  shall  convey  to  the  holder  of 
such  (\e*'d  a  |)erfect  title  in  fee  simple  to  said  land  or  lot, 
and  in  all  suits  and  controversies  in  relation  thereto  any 
person  clai(nin(:j  such  title  shall  be  compelled  to  prove 
only  the  order  of  the  city  council  directing  the  sale,  and 
the  process  upon  which  the  sale  was  made,  as  j»rovided 
for  in  section  seven  of  article  nine  of  this  act;  and  any 
persoti  claiming  till'  adversely  thereto,  shall  be  j)ennitted 
to  defeat  such  title  by  proving  that  such  land  or  lot  was 
not  siiftject  to  taxation  at  the  time  of  the  assessment,  or 
that  the  taxes  were  pai<l,  or  land  or  lot  redeemed  accord- 
ing to  the  provisions  of  this  act;  but  no  person  shall  be 
permitted  to  question  the  title  ac(]uired  by  said  deed, 
wiiliont  first  showing  Ihat  he  or  tliey,  or  those  under 
whom  lie  or  they  claim,  have  paid  the  full  amoui.ts,  of  taxes 
costs,  expenses  and  assessments  m>ide  on  the  said  land  or 
lot  since  said  sale  for  taxes,  or  that  the  tame  has  been 
deposited  with  city  treasurer  for  the  use  of  the  one  entitled 
to  receive  it. 


1857.  t>v>6 

Akticle  X. — Fire  Department. 

§  1.  The  city  council,  for  the  juirpose  of  guarding 
•gainst  the  caUinities  of  fire,  shall  have  power  to  prohibit 
the  erection,  placing  or  repairing  of  wooden  builiiiiigg, 
wit!iin  the  limits  j^rescribed  by  them,  without  tiitir  per- 
nii<si.>M.  and  dimt  and  prescribe  that  all  buildings  wiihin 
the  limits  prt  seribt'd  shall    be  made  or  constructed  ot  firo 

I >rtM>f  materials,  and  to  prohibit  the  rebtiililing  of  wooden 
Kiildings;  tu  declare  all  dilapidateil  buildings  to  be  nui- 
sances, and  to  direct  the  same  to  be  rej»aiied,  removed  or 
abatt'd  in  such  manner  as  they  shall  prescribe  and  direct; 
to  declare  all  wt)i)deu  buildings  which  they  may  deem 
dangerous  to  contiguous  buildings,  or  in  causing  or  pro- 
moting fires,  to  be  nuisances,  and  to  require  and  cause 
the  same  to  be  removed  or  abated  in  such  a  manner  as 
they  shall  prescribe. 

5$  '1.     Tbe  city  council  shall  have  power, 

c««f*rtioo  or       First — To   regulate  ihe   constructii)n  of  chimney-   and 
iiZI**"    "^  flues,  so  as  to  admit  of  chimney  sweep<!  or  oihi  r  mode  of 
cleaning,    and  to    compel    the    sweeping  and   cleaning  of 
chimneys. 

Seciiud — To  jtrevent  and  prohibit  the  dangerous  con- 
struction of  chiuiuies,  Hues,  fii  e  places,  sto\»  pipes,  ovens  or 
any  other  apparatus,  used  in  or  about  any  building  or  manu- 
factory, and  to  cause  the  same  to  be  removed  or  placed  in  a 
secure  and  safe  condition,  when  considered  dangerous. 

Third  — To  prevent  the  deposit  of  ashes  in  uu><a(e  places, 
and  to  a|)point  oiw  or  more  officers  to  enter  into  all  Imddings 
and  inclosures,  fo  examine  and  disco\er  wln-ther  the  same 
are  in  a  dang*  rous  stale,  and  to  cause  such  as  are  danger- 
ous to  be  pur  in  a  sale  ct>niiitiun. 

T»  »»»»i4t  flr»  yV/f/r/A  -To  require  the  inhabitants  to  provide  as  many 
fire  buckets,  and  in  siicli  manner  and  time,  as  they  shall 
prescribe,  and  to  regulate  the  use  thereof  in  times  (tf  fire; 
and  to  require  all  owners  and  occupants  of  buildings  to 
construct  and  keep  in  r»pair  wells  or  cisterns  upon  their 
premises. 

Fi/tU — To  regulate  and  prevent  the  carry ing on  of mauu- 
fiictories   and   works  daiigerous  in  promoting  an(i  causing 
firef. 
c*(^  a/vvvru.       SisHi — To  reguUtc,  prevent  and  prohibit  the  use  of  fire 
works  and  fire  arms. 

Sivftiih — To  prohibit  or  itavc  the  management  of 
Itoujef  for  nluring  of  gun  pow«ler,  or  direct  and  pr(diil)it  other 
and  dangeioufl  materials  within  the  city,  to  regulate  the 
k«-«-piri({  and  convi  )  inj^  of  the  same,  and  the  ust;  of  candle! 
•fid  otber  Iij{liiii  in  jtlaUlen  nnd  other  like  honwes. 

A/^/i//i  —  To  regulate  and  pre«!cril  e  the  mnnner  and 
order  the  building  oJ  parapet  and  paitilion  walls  and  oi 
partition  fvncef. 


099   .  1857. 

JSinlh — To  compel  tlie  ownprs  or  occnp\nts  of  liotises 
or  otlier  buildings  to  have  scuttles  in  tlie  lool's  and  stairs 
or  ladders  leading  to  the  sainr* 

Tiudi — To  authorize  the  ma} or,  fire  wardens  or  other 
officers  of  the  said  cifj  to  keep  away  from  the  fire  all  and 
any  suspicious  persons,  and  to  coui|  el  all  officers  of  the 
city  and  <tll  other  persrins  to  aid  in  the  extinguishment  ol  fiies 
and  in  the  |)reser\ation  of  property  exposed  to  damage  or 
danger  thereat,  and  in  preventing  goods  from  being  siulen. 

Eli'veiith — And,  generally,  to  establish  such  retfulations  Oeer»i  regk)*- 
tor  the   |)reventiou    and    extinguishment    ol  nrts,  as    ilie 
city  council  niay  deem  expedient. 

§  3.  The  city  council  may  procure  fire  engines  and 
all  other  apparatus  used  for  the  extinguishniciit  ol  fires, 
and  have  the  charge  and  control  of  the  :)ame,  and  provide 
Secure  and  fit  houses  and  other  places  for  keeping  and 
preserving  the  same;  and  shall  have   power, 

First — [To]  organize  fire,  hook,  hose,  axe  and  ladder 
companies. 

Second — To  ap;)()int,   during  their  pleasure,  a  compe-  ^''■«  compmite. 
tent  nurahei  cf  abie  and  reputable  inhabitants  of  the  city 
firemen,  to  take  the  care  and   management  of  the  engines 
and  other  appari-.tus  arid  implements  used  and  provided  for 
tlie  extinguislinient  i!  fires. 

Tki id — To  prescribe  the  duties  (  f  firemen,  and  to  make 
rules  >*id  regulations  for  their  government,  and  to  impose 
reasonable  i)enalties  upon  them  for  a  violation  of  the  same 
and  for  incapacity,  neglect  of  duty  or  misconduct  to  re- 
move them. 

Futirlh — The  city  council  shall  have  power  to  ai)i)oint  Rncinpern of  nre 
a  chiet  and  assistant  engnieers  ot  tlie  lire  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  [)owers  and  duties  shall  be  prescribed  and  de- 
fined by  the  city  council. 

Article   XI. — Boaul  uf  Health. 

§  1.  The  board  of  health  shall  consist  of  three  or  more 
commi'simtrs,  to  be  aj>]ointtd,  annually,  by  the  city 
counc.i';  and  the  mayor  or  presiding  officer  of  the  city 
council  shall  be  president  of  the  board;  and  the  city  clerk 
shall  be  their  clerk,  and  keep  minutes  of  their  proceedings. 

&  '1.  It  shall  be  the  dutv  of  health  officers  to  visit  every  vmiing  ct  luit 
sick  person,  wlio  may  be  reported  to  them,  as  liereinafter 
provided,  arid  to  rejxjrt,  with  all  convienieiit  S|)eed,  their 
opinion  rf  the  sickness  of  such  person  to  the  cleik  of  the 
bi.ard,  and  to  vi^it  aiid  inspect  all  homes  or  ])laces  in 
which  they  may  euspect  any  person  to  be   confiucd  with 


1S5T.  TOO 

•nv  ppstilt*nHal  or  iiift'ctlou*?  trisea<5o,  or  to  contain  im- 
soitiiH  |)rovisi>>ii^ordatnasi;ed  or  pmrid  auimiil  or  vegetable 
in.ilter,  or  otiier  nnwliol»«soine  articles,  mtd  to  nirtke  ro- 
]>-irl  oftlie  statf  oftlie  same,  with  all  comeiiii'iit  sjn'cil,  to 
the  rlerk  of  ihe  hoard. 
Uf«Mo:»  i>f  ^  o-  All  per-JOM-*  it)  the  city,  not  residents  thereof,  who 
MUii.os  au-  m^y  j,p  infected  with  any  pestilential  or  infections  disor- 
der, or  all  tilings,  which,  in  the  opinion  of  the  board,  shall 
be  infected  by  or  tainted  with  pestiltntial  miitter  and 
pns;ht  tt>  be  removed,  so  as  not  to  endanj^cr  the  health  of 
the  city,  shall,  ty  order  of  said  board,  he  removed  to  somo 
prop»'r  place,  not  exctTdiiii^  fiv»^  miles  beyond  the  limits 
of  lliv  city,  to  be  provided  by  tiie  b>)ard,  at  the  exi>ense  of 
the  |»erson  to  be  removed,  it  able;  and  the  board  may  or- 
der any  furniture  or  wearing;  apparel  to  be  destroyed, 
when»*ver  th»'y  may  deem  it  necessary  for  the  health  of  the 
citv,  by  makihi^just  conjpeiisation. 

^  4.  The  city  council  shall  have  power  to  prescri!)e 
the  powers  and  onties  of  the  board  of  health,  and  to  pnn- 
ish,  by  tine  or  imprisonment,  or  both,  any  reftisal  or  ne- 
glect to  ohsi-rve  the  orders  and  rrjrulations  of  the  board. 
0'.h«r  r.»wfm  r.f  ?}  ^'  The  health  otfiiiers  may  be  auUiorizod  by  tl  e  city 
kMiu  •mc«r».  couFK'il,  when  the  public  interests  rpqiiiri',to  exercise,  for 
the  time  beiiirr,  such  of  the  powers  and  perform  such  of  thu 
duties  of  marshal  or  street  commissioner  as  the  city  coun- 
cil mav,  in  their  «liscretion,  direct,  and  shall  be  PulUorized 
to  enter  all  houses  and  other  |)laces,  private  or  public,  at 
all  times,  ill  the  discharge  of  any  tlufy  under  this  act  or 
anv  ordinance. 
t%ruei*n*  r«-  ^  *'•  K^'^^ry  person  pracficiu'^  physic  in  thi^  city,  who 
y^  u.re>»rt  shall  have  a  p  itii-nt  laboring  under  any  malignant,  infectious 
or  pestilential  diiejue,  shall  forthwith  make  report  thereof, 
in  writing,  to  the  clerk  of  the  board,  and  for  neglect  to  do 
so  shall  he  considered  guilty  of  a  misdemeanor,  and  liable 
to  H  fine  r.f  fifty  d  tllars,  tn  be  su«*d  tor  and  recovered,  with 
co'ti,  in  an  aetion  ol  d«'bt,  in  any  com  t  having  cogiii/,ant;e 
thereof,  or  before  a  justice  uf  the  peace,  for  the  iiriu  of  said 
city. 

Articlk  XII. — Misct llmicoiis  Prnrision.s. 

r»%r\f  .<»••.  }-'  !•  The  city  council  sImII,  at.  leail  ten  days  before 
STult't^b.  *'•*'  annual  election,  in  each  year,  CrUHe  to  be  published  in 
Im»^.  the   m-unpaper   publishing  the  ordinances   of  tlie    city,    u 

correct  and  full  statement  (»f  the  recei|)t«  ami  rxpendi- 
tur"*,  from  the  date  of  the  last  annual  report,  together 
wi»h  tb*"  n.Mirre*  Jrom  which  the  (oriner  are  derived  and 
the  roodf  of  diibur'^einenf ,  and  aiNo  a  distinct  statement 
of  tbr  whrilr  amoiiril  ame  :sed,  recreived  and  exp<Mid«d  in 
tli«  rfcs^tcclivo   wardi   and   divisionH,    f  >r  uiaking   and  re- 


i 


701  1857. 

pairing  stroets,  lilgliways  and  bridgps,  for  ilie  same  period; 
to^«itlier  with  suc'ti  iutorniHiion  as  may  bti  iifC«ssary  lo  U 
full  underslandiiip  of  the  finaiu-jal  conce rii-^  of  tlie  city. 

§  2.  Tlie  inliabitants  of  the  city  of  Gdlfsburg  are  litre- 
by  exempted  from  worlvinj^  n|ton  any  road  or  liif^hway  be- 
yond the  limits  of  tlu^  ('it>'>  ^nd  from  pa}ingthe  tax  in  lieu 
tliereof,  without  said  limits. 

&  3.  The  street  roinmissioner  shall  demand  the  ser- 
vices of  all  i)ersons  who  are  required  to  labor  on  the  streets  •""r<"«''  fcmnii*- 
and  alleys  ot  the  city)  at  sucli  time  and  place  and  in  sucii  furuierd«au««i. 
manner  as  the  city  council  may  direct  or  the  stiett  eoin- 
missioner  shall  dt  em  necessary.  He  shall  deliver  or  cause 
to  he  delivered  or  left  :it  the  usual  place  of  abode  or  busi- 
ness of  any  person  so  required  to  labor,  as  aforesaid,  a 
written  or  printed  notice,  or  partly  written  or  printed  no- 
tice, in  such  form  as  the  city  council  shall  prescribe, 
which  notice  shall  be  given  at  least  five  da}s  jtievious 
to  the  first  day  on  wiiich  he  or  they  are  required  to 
labor,  requiring  such  person  to  appear  at  such  lime  and 
place  as  may  be  designated  for  the  purpose  of  labor- 
ing upon  the  streets  and  alleys;  but  similar  notice,  pub- 
lished for  ten  days  in  the  newspaper  publishing  the  or- 
dinances of  the  city,  by  the  street  commis.»ioner,  or  jiost- 
ed  up  in  three  of  the  puolic  places  of  the  waid  or  district, 
shall  be  deemed  sutficient  notice  to  require  all  peisnns  to 
apj)ear  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  of  each  person, 
in  the  same  manner  as  other  taxes,  the  sum  of  three  dol- 
lars, with  his  ccmmission  for  collecting  the  same  added 
thereto,  or  the  same  may  be  recovered  by  suit,  with  costs, 
as  in  other  cases. 

^  §  4.  The  city  council  may  provide  for  the  payment  of 
the  city  attorne}'s  and  prison  keej)er's  fees,  wlien  they 
cannot  be  collected  from  the  offender;  but  said  city,  or 
any  person  prosecuting  on  her  behalf,  shall  i»ot,  in  any 
case,  be  compelled  to  pay  or  give  security  for  costs, 
before  commencing  proceedings,  nor  at  any  other  time 
until  it  i^  ascertained  they  cannot  be  made  out  of  the  de- 
fendant, 

§  ;').  All  fines,  forfeitures  and  penalties,  collectcxl  for 
offences  committed  within  said  city,  shall  belong  to  said 
city,  end  shall  be  paid  into  the  treasury  thereof  by  the 
offici-rs   collecting  the  same. 

§   6.     Tiie  water  course  known  as  Cedar  Fork,  in  said  cca»r  Fork,  of 
city,  or  natural  branch  thereto,  5hall  not  be  altered,  filled    '"'"'''   *'' 
U[)  or    charged,  except  in  the    manner  prescribed  by    the 
city  council;  cud  the  city   council  shall  jjave  power  to  es- 


1857.  702  * 

t«hli»h  and   ilirrct  atul  prescrihe  tlip  maniirr  of  nltorlnsf, 
clnni^ini;,  striii^litining,    u:k1  to   wall,   till   up,   culvert  or 
few«T  the  same. 
•vrrr  •/   ti'.y       ^   T.     Tile   city    counoil  shall  have  power  to  cniise  the 
>fMr»'v/.  j^^j^,  ^,j,j    1,1, .^-i-s  t)f  tl,,.  eity   to   be   survryeil,    ])Iatt»d   and 

iiumbereil  in  oonseoutive  inunhtT'*,  from  ont»  U|»\var«N,  and 
to  ti»siijijate  aiul  nuiu!»er  all  fractional  or  other  lot^  or 
blot*k<,  in  such  manner  a>?  they  niity  prescribe  by  ordinance; 
and  sueh  plat,  tlesii^nation  and  numbers,  when  made  and  duly 
recorded,  shall  be  a  i»ood  ajid  valid  description  of  said 
•*»»•••♦>  ►*"'»•  bloik*,  lots  or  fiactiinal  blocks;  to  establish,  mark  and 
declare  the  boundaries  and  names  of  strei-ts  and  alleys; 
to  re(]uire  that  all  additions  hereafter  made  t'>  said  «  ity,  or 
all  lands  a(ij)iuing  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 
laid  out  and  establi-jhed  within  the  city. 

}j   !•       The  street   commissioner,  in  addition  to   tho  pen- 
alties prescribed  by  onliiiance,  shall,  for  willful  ncj^lect  of 
duty,  be  liable  to  indictment  and  fine. 
ri«»« »a.i  pfs*!-       5J   10.     Neither   the   city  council  or  mayor  shall   remit 
**•••  any  fine  or  penalty  imposed  for  any  violation  of  any  of  the 

laws  or  ordiinnces  of  said  city,  or  release  from  confine- 
ment, unless  two-thirds  of  all  the  aldermen  elected  shall 
vote  for  such  release  or  remission  ;  nor  shall  an)thin<^  in 
this  act  be  so  construed  as  to  oust  any  court  ol  jurisdic- 
tion toabiite  and  remove  any  nuisance  within  its  jurisdic- 
tion, bv  iiKJictment  or  otherwise. 

§  11.  N  )  vote  of  the  city  council  shall  he  consjidered 
or  rescinded  at  a  special  mretint^,  uid»'ss  the  meetinf^  be 
called,  in  whole  or  in  part,  f •  r  that  purpose,  and  the  al- 
dermen be  so  notified,  and  unless,  at  such  special  meetinjr 
tliere  be  present  as  large  a  number  of  aldermen  as  was 
pre«»'nt  wbrn  the  vote  was  taken. 

ff  11.  The  cem»'tery  lots  which  may  be  laid  out  and 
sold  by  the  eity  or  private  persons,  for  private  places  of 
burial,  shall,  with  the  ap])urtenances,  forever  be  exempt 
from  execution  and    attachment. 

&  }'•).  Every  ordinance,  regulation  and  by-law  iinpo- 
mruiMi^ut*  Sing  any  p.-nalty,  fine,  imj)ris(tnment  or  inrfeiture,  lor  a 
violati'in  of  its  pr.)vi-iioiis,  .shall,  alter  its  passage  Iherectf, 
be  published  three  d  ly,  when  there  i"  a  daily  paper  pub- 
lislo  d  in  said  city,  otherwise,  once  in  a  weekly  paper: 
I'rufi//rt/^  the  proof  of  such  publication  shall  not  be  ne- 
ceisary,  unless  it  is  denied  under  oath  ;  and  mch  publi- 
cation may  bo  dispensed  with  entirely  in  caseg  of  emer- 
g^nry,  by  the  unanimous  vole  of  the  council  ;  and  proof 
of  «tirli  jiublication,  by  the  alhdavit  of  the  printer  or 
pnSliiliir  of  such  newiiaper,  taken  before  any  ofTicer 
authorized   to  administer  ouths,  and    filed  wilh  the   clerk, 


703  1857. 

or  any  oMier  compptont  proof  of  sncli  pnHlication,  sliall 
be  conclusive  evidence  of  tlie  le^al  |ii  tjlicdiion  and  pro- 
muIi^Htion  of  such  ordinance,  regulation  or  by-law,  iii  all 
courts  and   |>iaces. 

§  14.  All  actions  brought  to  recover  any  penalty  or  Aftinn»«ndi«.u 
forfeituro  incurred  under  this  act,  or  any  ordinance,  by-  "'  '***• 
law  or  jiolice  regulation,  made  in  pursuance  thereof,  in.jy 
be  brought  in  the  corj)orate  name.  It  shall  be  lawful  to 
declare,  generally,  in  debt,  for  such  penalty,  line  or  for- 
feiture, stating  the  clause  of  this  act  or  the  by-law  or 
ordinance  under  which  the  penalty  or  forfeiture  is  claiuied, 
and  to  give  the  sj)ecial  matter  in  evidence  under  it  ;  or 
the  defendant  may  be  tried  by  presentment  in  the  court  of 
common  pleas. 

§  15.  In  all  prosecutions  for  any  violation  of  any  or- 
dinance, by-law  or  other  legulation,  the  first  process  shall 
be  a  summons,  unless  oath  or  atlirniiition  be  made  for 
warrant,  :is  in  other  cases;  and  the  council  may  provide 
for  issuing  the  warrant,  iti  the    instance,  without  oath. 

§  10.  The  city  council  shall  have  power  to  designate 
one  or  more  justices  of  the  peace  or  police  magistrates  jn«tifes  •f  u* 
in  said  city,  who  shall  have  jurisdiction  in  any  action3  for  '"'"'•• 
the  recovery  of  any  fine,  penalty  or  forfeiture  under  this 
actor  any  ordinance,  by- law  or  police  regulation,  any 
thing  in  the  laws  of  this  state  to  the  contiary  notwith- 
standing. Such  justice  shall  have  power  to  impose  fines 
and  penalties,  not  exceecJing  the  amount  authoiized  by 
the  constitution  of  the  state. 

§  17.  Execution  may  is«ue  immediately  on  rondi-  Kxeentio**. 
tion  of  judgment ;  and  the  same  execution  sliall  require, 
that  if  the  defendant  has  no  goods  or  chattels  or  real  estate, 
within  the  county  of  Knox,  whereof  the  judgment  can  be 
collected,  that  the  defendant  be  ;\rrested  and  confined  in  the 
county  jail  or  workhouse  or  city  prison,  for  a  term  not  ex- 
ceeding six  months,  as  the  couuci',  by  ordinance,  may  de- 
termine. Anil  all  persons  who  shall  be  committed  under 
this  section  shall  be  confined  one  day  for  each  one  dollar  of 
such  judgment  and  costs.  Allexj)enses  incurred  in  the 
pntsecution  for  the  recovery  any  fine,  penalty  or  forfeiture, 
when  ollected   and  paid  into  the  city  treasury. 

§  18.  Any  person  who  shall  destroy  or  injure  any  bridge  iPjnriMUr»«>ii« 
or  any  public  buiiding  or  any  other  projjcrty  belonging  !.'ea'l7/»»i»r'" 
to  the  city,  or  ahall  cause  or  procure  the  same  to  be  in- 
jured, shall  be  subject  to  a  j  enalty,  not  exceeding  five 
hundred  dollars,  for  such  offence,  and  may  b«'  imprisoned, 
not  exceeding  six  months,  in  the  discretion  of  the  court 
before  whom  such  conviction  may  be  had,  and  such  per- 
son shall  also  be  liable  in  a  civil  action,  at  the  suit  of  the 
city  or  any  person  injured  thereby,  for  the  damages  occa- 
sioned by  such  injury  or  destruction. 


1S57  704 

^  10.  No  person  shall  be  inoompetont  jmlgo,  jus- 
licf,  witiifss  c»r  j'lror,  by  rc»«»>r»  oi  I, is  biint;  an  mliabi- 
tai.l  or  lrr»-bo!iler  in  suiti  oily  ol'  CirtU'sbuii^,  in  anv  lu'tion 
or  |if oct*ftlnii»  in  which  iho  saiil  citv  may  be  a  parly  in  in- 
trrrst. 

ot*.mA>kcf  ^r*-       ^  20.     All  orc'inances,  rrmilations   and  re!;oIiition5:  now 

*MWi!   *"**^  •••  •i»roe  ill  the  town  ot    GrtUsHurj;,   ami  not   incoi.Mstent 

with  this  act,  shall  rontain  in  lore**,   inuier   this    act,  nntil 

altfretl,  nnu)itie«l  or  rfptaltHi  by  thf  ciiy  council,  alUr vliis 

act  .<iball  take  t  tlVct. 

^  -I.  All  rii;lits,  actions,  fines,  penalties  and  forfeit- 
urr!»,  ill  suit  or  otherwise,  which  have  accrue<l,  shall 
be  veiited  in  and  prosecuted  by  the  corpuraliun  hereby 
creat»  d. 

^infiuw  II II        ^   "--•     All  property,  real  or  personal,  or  mixed,  belong- 
v*»*f-  irii;    to    the    town   ol    (i.ilesburg,    is    loreby    vested  in   the 

CorporatUMi  crertted  by  this  act;  and  the  otlicers  ot"  said 
corp«irati<Mi  now  in  otfice  shall,  respectively  continue  in 
the  same  until  superseded  in  coi.formity  to  the  provisions 
liereiif,  but  .>^hall  be  governed  by  this  uct;  which  shall 
t.»ke  eir  ct  from  and  alter  its  passage  ami  publication  in 
Gaiesbuig. 

rrx»'.t*  .«»»  ••       ^   -'i-     AM   ordinances   of  the  city,  when   ]trinted   and 

•"'•  publiNhed    by     authority    of    the    city    council,    shall    be 

received    in  all  courts   and    places,  without  further  proof 

thereof,  whicli  shall  not  be  re(|uired  until  denied  under  oath. 

§    -4.      Tlie    stjie    ot"  all    urflinanct  s   shall    In',      '"'■lie   it 

ordititird  In/  I  tie   cdif  cmiirit  of  thr  cHi/  tif  (iiili  shuri^V 

§  l!.").  Any  tract  of  land  Hdjuining  said  city  wliii  li  may 
be  laid  out  into  blocks  or  lots  and  .Inly  phitted,  according 
to  law,  ami  any  tract  of  land  a<)j  lining  the  city,  with  the 
Consent  of  th«  owner  thereof,  siiall  and  may  be  annexed 
to  4aid  CI')  and  torin  :i  |iart  tliereof,  ami  the  city  council 
shall  have  pu^er,  upon  petition  ot  the  owner  of  the 
property,  to  reduce  the  boumiaries  of  the  city,  not 
rxceeding  one-half  mile,  in  any  diiectioti. 

§  'JO.  Tlii-i  act  shall  not  invalidate  any  legal  act  don« 
by  tb"  pr»si.|ent  and  trustees  of  (i^lisburg,  or  by  itw 
olfii'erii,  imr  divest  their  successors  umhr  this  act  of  any 
rit»(it!«  of  property,  or  otherwise,  or  li.ibility  wiiii  li  may 
li*ve  nccru*  d  to  or  been  created  by  said  corpoiution 
pli'tr  to  the  pa<••a^^of  this  act. 

§  l!T.  All  olTiceri  of  the  cily,  <;reated  cinservafors  of 
tii»-  p*  a4'e  by  this  U'.'t  or  authorized  by  any  ordinance,  shull 
)»iiv«j  power  to  arreHt  or  cause  to  be  arrested,  with  or 
Without  process,  oil  periions  who  shall  hr'-uk  the  |)eace, 
or  llin:il*-n  I"  break  the  peace,  or  be  found  violatim;  any 
of'iiiiiince  of  this  city,  commit  for  examination,  and,  if 
Decr«*ary,  detain  such  perMon  in  custody  over  night  or 
the   S«bb«th,  in  thn   watchhouie   or  other  safe  place,  or 


70.J  1857. 

until  titey  can  be  hrouglit  before  a  mawistrafp;  ancl  shall 
iiave  and  ex^-rcise  sncli  otlit-r  powers,  as  conservators  of 
the  pprtcp,  as  the  city  council  may  prescri'^e. 

§   'iS.     There  shall  he  a  <lii(i'<(t  of  the  ordinances  of  the  Piv^i  ef  .mi- 
city  which   art»  of  a  {general   nittiire  puhlisht-d    within   one 
year  alter  the  pa<!sa<^f  of  this  act,  and  a  like  digest  within 
•  very  peri(»ti  ol    five  years  thereal'ter. 

§  'J',).  This  at:t  shall  he  deemed  a  public  act,  and  may 
oe  read  in  evidence,  without  proof,  and  judicial  iiotiee  shall 
be  tiikeii  thenol  in  all  courts  and  places,  oiid  shall  take 
fll'ect  from  and  a  ter  its  passage  and  ]>ublication  in  Gales- 
buri>;  there  heinj^  sntficient  emergency,  in  the  judcment 
of  the  legislature,  to  dispense  with  the  lapse  of  sixty 
days,  before  this  act  goes  into  effect. 

§  80.  Tue  act  entitled  "An  act  for  the  better  govern- 
ment (if  towns  and  cities,  and  to  amend  the  charter  there- 
of," approved  Fihruary  "JT,  18.j4,  shall  be  constituted  a 
part  of  ihis  charter  of  the  city  of  Galesburg,  the  same  as 
if  specially  recited,  except  that  there  shall  be  allowed  to 
said  city  two  police  magistrates,  and  that  their  jurisdic- 
tion shall  extend  to  all  causes  of  aetiofi  at  cr)mmon  law 
or  by  statute,  where  tin.*  plaintitT's  demand  shall  not 
exceed  five  hundred  dollars,  and  to  all  cases  of  misde- 
meanor coiufnitted  within  th**  city  limits  of  said  city, 
where  indictment  is  not  necessary  to  a  conviction. 

Approved  Feb.   14,  1S57. 


AX  ACT  to  incorporatf  tlic  Cantor.  Institute.  Fcti.  M,  1857. 

Section  1.  /ie  if  enacted  by  I  he  people  nj  the  atate  (if 
Illinins^  ri'pre'ientfff  itilhe  Gene  nil  j^.sse/Hf)/i/, That  Thomp- 
son M-ipIc?,  Amos  C.  IJ-ihoock  and  William  Kellogg,  and  s»yieoi  corp.r. 
their  successors,  be  and  they  are  herehy  created  a  body 
])olitic  and  corporate,  by  the  style  of  "The  Canton  Insti- 
tute ;'*  and  bj  that  name  to  remain  in  perpetual  succes- 
sion, with  full  powt-r  to  sue  and  be  sued,  in  any  of  tue 
courts  of  law  or  chancery  of  the  state;  to  aoquire,  hold 
and  coiiv»*y  property,  real  and  personal;  to  have  an.1  use 
a  comm.in  seal,  to  alter  and   renew  the  same  at  pleasure. 

^  -.  I'liH  Aaid  institution  shall  be  located  in  the  city  of  i^.«ii..n  cf  i« 
Canton,  upon  stich  grounds  as  the  board  of  directors  of  •'"'"""' 
■md  institute  may  (Uem  most  advisable  for  the  interest  of 
the  same.  That  said  board  of  directors  si»all  causi-  such 
arts  anri  sciences  to  be  taught,  under  sucii  rules  and  regu* 
lati  nis,  and  in  the  manner  and  by  such  persons  as  said 
board  oi  directers  shall,  hy  ordinance  or  by-laws,  appoint 
— G7 


1<»57.  TOG 

H^..»v7      e«-  or  «)ir«>ct,  frnm   time  to  time;  and  to  confer  on  all  9uch 
*****  per.<ou<  as  tliey  may  deem  uurtit)  such  drj»rits  or  honors 

•5  »rf  u«ually  contf  rrt  d  in  like  institutions. 

Ci^u  »ucft.  ^  ;;.      Tl»e    capital    stock  ol"  j^aid    in>titute   shall   he  one 

hundred  thousand  dollars,  divideil  into  shares  ot One  hun- 
dred dolUrii  each;  u\ia\i  which  ten  per  cent,  shall  be  paid 
on  the  subsori|>lion  tliereof. 

tevwrtrov*  ^  4.    The  said  Thompson  Maple,  Amos  C.  Babcock  and 

**^^  Wiiiium  Ktlli»t»»are  hereby  autliorized  to   open  books  tor 

Itie  subscription  ol'  stock  to  suid  f'niuj)any,  at  such  tinio 
and  place  as  they  mav  de»m  advisable;  and  when  live 
ttn>usand  dollars  ot  capital  stock  shall  be  subscrit)ed  and 
ten  per  cent,  thereon  paid  in,  they  shall  cause  an  election 
to  be  held  b_v  the  stockholders,  lor  the  election  of  three 
directors,  who  shall  form  a  board  of  directors  of  said  insti- 
tute. 

om-t^  ■'^ti.  ^  .3.  Xijc  board  of  directors  shall  elect  one  of  their 
number  pre'^ident,  and  appoint  such  other  otKcers  and 
a^eii's,  as,  in  their  jud^mr-nt,  the  interest  of  said  institute 
iDiy  require.  Said  board  of  directors  shall  have  the  full 
m:iii't^iinent  and  contrid  of  the  business  of  the  said  insti- 
tute, educational  and  otherwise,  and  shall  have  foil  j)ower 
to  make,  from  time  to  time,  such  b)-lawf»,  ordinaiK-es, 
rules  and  regulatiojK>»,  for  the  manoj^emcnt  of  li.r  all'airs  of 
gAid  institute,  and  to  fully  secure  tlie  objects  and  inten* 
tiuns  of  tlii<  act,  and  to  Uk  and  determine  the  name  and 
•tvie  iu  which  the  business  thereof  shall  be  tr^insacled, 
and  property,  real  or  personal,  held  tjr  transferred.  No 
more  real  estate  to  be  heid  at  any  time  than  is  necessary 
for  actual  occupancy  by  sai  1  institute. 

*—-  ^'  §  o.     Said  in^iiiute  s!iall  have  power  to  receive,  by  do- 

nation, moneys,  personal  or  real  estate:  Prociiltdy  no 
more  re  il  rstatf*  rhnll  be  received  than  is  necessary  for 
the  a   tual  U9e  and  occupation  of  said  institute. 

§  7.  Tne  said  JDSlitute  shall  have^power  to  loan  any 
fuiid't  on  hind,  not  required  for  imtnedialu  use,  in  the  dis- 
cretion of  said  board  of  directors,  at  such  interest  as  may 
be  allowed  by  law,  and  take  real  or  personal  security 
theretor  :  Pruviiin/y  no  loaning  shbll  be.  fur  a  longer  time 
than  six  months. 

fj  S.  Thii  act  shall  be  taken  and  deemed  a  public  act, 
find  all  by-laws,  ordinances,  recoid-?  and  j>roceeding3  of 
•  aid  inttilute  shall  be  esteemed  .sutiiuiitntly  proved  in  any 
court  of  law  or  equity,  by  th  ;  seal  of  said  institute;  and 
to  h»»  in  f  irce  from  ati'l  after  its  passage?. 
ApraovKD  Feb.  14,  IH.OT. 


707  1857. 

AN  ACT  to  incorporate  the  BsHevlIIe  and  Southern  Illinois  Railroad,  ^  '•*>  '<i  '^^t. 

Section  1.  Be  it  etuicfeU  by  the  people  of  the  state  of 
Illiuois,  represf'nf*(/  ill  the  denertil  ^'/ssmih/i/.  That  J.  J. 
SwHiiwick,  II.  S.  ()z*»iirn,  D^vi  I  S.  Pmllips,  John  IJaird, 
J.  M.  Sulliv'Hii,  W.  W.  JlomHii,  J.  li  M'lim  hiuI  C.  A.  Krjt-s, 
of  P  rry  cciinty  ;  J.  L.  I).  Morrison  :iii<i  P.  \i.  F()uk»*.  of 
St.  Ulair  count}',  in  tliis  state,  an<l  L.  W.  A-^hlry  and  Sid- 
ney Brtese  and  their  associates  in  and  snooe>'S')rs  and 
assigns,  are  hereby  createtl  a  body  c<)r|»nrate  and  politic, 
under  and  by  the  nnnje  ami  st)  le  of  "The  IJelh-ville  and  style. 
Saii'htrn  lllin<»is  Uailrodtl  Company,"  wiilj  piipetnal  mic- 
cession  ;  and  l>y  that  nHine  shall  be  and  are  hertby  made  central  rowen. 
capable,  in  law  and  equity,  to  sue  and  be  sued,  plead  and 
be  i(n|>leaded,  defend  and  be  defended,  in  all  courts  of  law 
and  e(|uity  in  thi.s  ."Idle  or  elsewhere  ;  to  make,  have  and 
use  11  common  seal,  ariii  the  same  to  renew  and  alter  at 
pleasure;  and  shall  be  and  are  hereby  vested  with  fW  the 
powers,  privilei^es  and  immunities  which  are  or  may  be 
necessary  to  carry  into  ellVct  the  purpose"  and  objects  of 
this  act.  And  the  said  company  are  hereby  authorized 
^nd  empowered  to  locnte,  construct  and  finally  com- 
plete and  put  in  operation  a  railroa  I,  trom  the  city  of  R^^te  of  f»ii 
13ellt'ville,  in  St.  C!:iir  county,  southwardly,  by  way  of  the  '■"'f^-'^- 
villaj^e  of  Pinckney  ville,  to  some  point  on  the  Illinois 
Central  railroad,  in  Piiry  county,  deemed  by  the  said 
company  the  most  eligible  ;  and  for  that  pur])ose  the  com- 
pany are  authorized  and  empowered,  upon  the  most 
eligible  route,  to  lay  out  their  railroad,  for  a  single  or  a 
doutde  track,  to  any  wiijth,  not  exceeding  one  Imndred 
feet,  throufc/h  the  whole  length  ;  and  f<tr  the  pur])Ose  of 
Constructii>g  enibarikment.s,  may  take  as  much  land  as  may 
be  necessary  for  the  proper  construction  and  securitj  of 
said  railroad. 

§  '1.  The  capital  stork  of  said  company  shall  be  one 
million  of  dollars,  and  may  he  increased  to  t  vo  millions 
of  dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each  i  which  shall  be  deemed  personal  proj*erty,  and  may 
be  issued,  certified,  tran.sferred  and  regi5itered  in  such 
manner  and  at  such  places  as  mav  be  ordered  and  pro- 
vided by  the  boanl  of  director-!.  Tlie  immediate  govern- 
ment atid  direction  of  said  company  shall  be  vested  in 
five  directors,  who  shall  be  chosen  by  the  stockhoKlcr.s  of  pircctor . 
said  company,  in  the  manner  herein  provided,  who  shall 
hold  their  office  for  one  year  after  thrir  election  am'  until 
otli'TS  sliall  be  duly  elected  and  qualified  ;  a  majority  of 
whom  shall  form  a  quorum  to  do  business.  They  shall 
elect  one  of  their  number  to  be  the  president  of  the  com- 
pany ;  and  said  board  of  directors  shall  have  power  to 


1S57.  708 

appoint  all  necessary  clfrLjf,  secretarits  ami  otlur  officers 
Ucci-5>4rv  li>r  li^e  tiaiisactioii  ot  liie  liu>MtK->s  vi  .v.iid  oor- 
poraiioii,  and  to  require  any  appoiittee  to  give  boHl  and 
seciiiity. 
t^^xrt  u  u  ^  J>.  Tlie  saiil  company  are  hereby  autlioriziil,  b\  their 
^****  af^eittji,  siirvfVtirs,  aiul  eii»;iiun'is,  to  eause  such  t- xmiiina- 

ti>iiis  and  surve\s  to  be  m.uie  ol  tlio  ground  a:id  enuntry 
betwfrn  the  said  cit)  of  l^illKVille  und  Illinois  Cvntral 
railroHd,  at'ore^aui,  as  siiall  be  nece^^sury  to  determine  tiie 
best  route  lor  the  proper  liiiw  or  course  whereon  lo  con- 
struet  their  said  ratlrodd  ;  and  it  shall  be  lawful  lor  ^aid 
%i$u*tw*j.  company  to  enter  upon  and  take  po.ssession  ol"  ami  u>e  any 
and  uU  such  l.tnds  and  real  estate  as  ma)  bt  necessary  lor 
the  ct>nstructio:.  ad  roaintei.unce  ot  their  saiu  luilroad: 
Providn/f  that  all  lands  and  real  estate  entered  upon  and 
taken  possession  of  and  used  by  said  coritorati'Ui^  (or  tho 
puroo:>e  and  accon)uii)dation  of  said  railroad,  oi'  upon 
wliioli  liie  site  fur  sanl  railroad  rliall  have  been  lo>  ated  or 
defermujed  by  ihe  said  corporation,  shall  be  paid  lor  by 
said  company,  in  damages,  if  any  be  sustiuntd  by  the 
owner  or  owners  thrreof  by  the  use  of  the  s^mr  for  the 
purports  ot  said  railroad  ;  and  all  lands  entered  tipon  and 
taUtii  lor  the  u^e  of  said  corporation,  whieh  ate  not 
donated  to  said  company,  shall  be  paiil  for  by  sai<l  corpo- 
ration, at  such  price  ai  may  be  inutUHlly  agreed  upon  by 
said  corpuration  and  the  owner  or  owners  of  said  land; 
and  in  tin'  case  of  no  a<;reement  thcretor  the  price  shall 
be  est  mated,  fixed  and  recovered  in  arcoidaiu.'e  with  an 
art  to  am»-nd  the  law  condemnin*;  ri^ht  of  way  for  pur- 
poses of  intt-rnal  imprjvemeiits,  Approved  Jun«*  JJ,  1S52. 
§  4.  Tliat  if  any  person  shall  willfully,  maluiousiy  or 
wantonly  and  contrary  to  law  obstruct  the  passu/^e  of  any 
car  on  said  railroad  or  any  part  thereof  or  an^ihiuf;  be> 
lon^iio;  thereto,  or  sImII  d.inn^e,  br»ak  or  destroy  any  of 
the  -I  '  r  imph  nients  or  buildhi^s,  he,  sin*  or  tlioy, 

or  an^  .^xsiHtm^.  shall  forfeit  and  pay  to  said  com- 

pany, lor  each  I  nd  every  stieh  olfence,  treble  tlie  amount 
ofdiim'-'-*  ''lit  pliall  be  proved  before  any  competent 
Court  '  I  have  been  Biistainrd,  to  be  sued  for  in  the 

na>ne  oi      a\>\    •  .  ;   «nd   such    otlVnder  or  <>fr«nderi 

siiall    be  d«en.  v  of  a  misdemeanor,  and   .<ih)tll   be 

liable  to  indii-l*iifiit,4n  the  same  mtnner  a4  otiier  indiot- 
tn^ttln  are  found,  in  ar»y  county  or  counlie^i  wnoro  such 
otTence  Rhall  have  been  committed  ;  and,  upon  conviction, 
every  'f-u'ler  shall  be  liablu  to  a  fine,  not  excecd- 

io5<  fi'.  Hid  dollars,  for  the  uso  of  the  count/  wh?re 

■  M  ,'.  may  b*-  lound,  and   may  be  impnsoiod  in 

Ui*  i   f'lr  any  time,  not  exceeding  nine   monthly 

io  the  discretion  of  the  i  ourt. 


709  IS.OT. 

§  5.  Tl»e  time  of  lioMlnc;  the  nnniinl  mpptinps  of  sai<l  Aimu.i meeting. 
compuny  for  the  election  oT  directnrs  and  for  the  liniisHC- 
tion  ol  any  other  business  by  thni  stockholclers,  sh>ll  be 
fixed  hotl  det*;rinint(n>y  the  l»y  laws'  of  said  company  ;  and 
at  all  m-eling"'  Such  stoekholders  shall  he  eiiii'lrd  tonne 
vote  for  each  share  of  stock  he,  she  or  they  mnv  «)Wii  and 
holdf  f)una  fidf,  in  said  cntnpan);  and  such  vote  may  be 
given  ill  peison  or  by  lavvlul   proxy. 

§  0.  The  peisons  named  in  the  fust  section  of  this  act  ^;:r''!;',Vm"Vub- 
are  hereby  appointed  commissioners,  who,  or  a  inHJority  M:.ipii..ii. 
of  them,  are  hereby  a«<thori/t'd  to  open  or  cau?e  lobe 
opened  subscription  books  for  thesto«k  of  said  company, 
at  audi  time  and  places  as  they  may  think  j)roj»er,  and  also 
to  appoint  one  or  more  a<jfents  to  open  such  hooks  and  re- 
ceive such  sub3cr\()tions.  The  said  commissioners,  or 
their  ai»ents,  shall  rH(^uir»'  each  subscriber  to  pay  hve  dol- 
lars or  execute  a  note  therefor,  a^  tliey  shall  detfiminp, 
on  each  share  subscribed,  at  the  lime  of  subscribing;  and 
whenever  a  hundred  timusand  dollars  shall  be  subscribed 
the  said  commissioners  slull  call  a  meetiiiij  (or  a  mi-joiity 
of  them  shall)  of  the  stockholders,  by  giving  fnur  we*  ks' 
notice  in  some  newspaper  jirinted  in  the  counties  of  P^rry 
and  St.  Clair;  and  ht  such  meetii.»  it  shall  be  lawful  lor 
the  slorkholders  to  elect  the  directors  of  said  company,  and 
transact  any  other  busineits  that  may  be  deemed  necessary; 
and  when  toe  directors  are  chosen  the  said  commissioners 
shall  deliver  said  subscriptioii  books,  with  all  sums  of  mo- 
ney anil  notes  receivi-d  by  them,  or  by  any  ajrent  appoint- 
ed by  them  as  commissioners,  to  said  directors.  No  per-  *'j'*y"uj'«l°"  '"^ 
son  shnll  be  a  director  unless  he  shall  be  a  buna  fide  stock- 
holder in  said  company. 

•S  7.  That  the  riffbt  of  way  and  the  real  estate  pur- 
chased  for  the  right  of  way  Jind  for  other  purposes  by  said 
compiuy,  whether  by  mutual  anreement  f»r  otherwise,  or 
whicli  si.iill  become  theptop^•rt^  of  (he  conipany  by  oper- 
ation ot  law,  as  in  this  act  provided,  shall,  upon  the  pay- 
ment of  the  amount  oi  money  belonging  to  the  owner  or 
owners  of  said  lands,  as  a  compensation  for  the  same,  or 
upon  Tenderinir  the  amount  of  money  theref)r,  become  the 
property  of  the  said  company,  if»  f^'c  simple,  unless  other- 
wise aj^reed  b*-tween  said  company  and  the  seller  thereof. 

§  8.     That  said  company  may  take  and  transport  upon  Tr»n«!v,rrn«:.« 
said  railroad  any  person  or  persons,  merchandize  or  other 
proper'y,  by  the  force  and   power  of  steam  or  animal   or 
other  proper  and  competent  force  and  power;  and  may  fix, 
estd  disti,  takt.^  and   receive  such  ratts  of  toll  fir  all  pis-  ,  .^„, 
scng^r-i  and  property   transported  on  tlie  same  as  the  di- 
rectors shall,  from  time  to  lime,  establish;  and  the  direct- 
ors are  hereby  authorized  and  erajiowered  to  make  all  ne-  .*»ci 
CCSsary  rules,    by-law-',    regulations  and    ordinances  that 


J 


1S57.  710 

they  mtv  deem  necessTy  nnd  pxpp(!irnt  to  arcoinplisli  the 
dt-^iijnfj  »n<i   pnrpogrps   hikI  to  carrj  inti)  I'tTt'it  all  flu'  pro- 
viititms  «>|  ijiis  act,  and  tor  the  tiansltr  and  a.ssi<;i,ii.i  nt  of 
its  stock, 
fc  I.  f.'-   ti  -      ^   'J.     The  (lircrtnrs  ofsaid   company,  after  the  finine  is 
ori;<iniz«>d,  si. all  liavi*  powi  r  to   op«  n   hook?',  «t  fuel  time 
aiivl  places  as  iliey  may  deem  proper,  tor  the  suhsciiption 
of  stock,  until  the    wliole   Hmouiit  of   capital  stot  k  ^hall 
be  subscribed,  or  such  ]»arts  and  amotints  lluieof  as  they 
shall  desire    to   have   sul)scril>» d;    hiuI    said   directors  are 
here'>y  authori;^<  d  aiid  i  mpowed  to  take  ami  recei\e  sub- 
9criptioti'<  to  tlieir  Si»id   capitdl   stock,  on  such  term><  and 
in  such  amounts  as  they  may  deem  for  the  interest  of  the 
s^id  c  •mpuny,  pnd  as  the)  mnv  nrtscrihe  by  their  by-laws 
and  r»'qul.iti(»n«,  from   any  otlu-r  railroad  cotn|)aiiy  or  cor- 
por.itiori,  and  ffin  any  county,  city,  tt»\vn  or  \illai;»-;  and 
any  such  subsrripduii  shall  be  valid  and  binding  ii|ion  any 
railroad  company,  corporation,  county,  city,  tovn   or  vil- 
lag'*  mnkinir  the  «ame  :    Prvidid^   said  subo'criptiuns  shall 
be  made,  in  every  respec*,  subject  to  tlie   provisii  ns   and 
restriction's  of  .MP  act  snpplemcntHi  to  an  net  entitled  "An 
art  to  pr^^ijp  f,.r  a  peneiiil  s\steni  of  railioad  iiicorporft- 
t'ons,"  apprr)ve  1  Nov*  mlier  (Itli,  l^H'  :  »lnil  ])ruvi(l  tlfur- 
t/i  Ty  said   C(  mpany  shall  be  autliori/»Hi  to  take  or  jtceive 
subscriptions  to  their  capital  stock,  payable  in  real  estate. 
Aiiil  all  i»wners  nf  real  estate  m^y  pay  for  their  subscrip- 
tions t«»  tlie  capital  s»«)ck   of  said    cnuipany  execute  tlieir 
note*,  witli  mortj*Hj»p  upc^u  the  wliole  or  any  j»art  of  their 
rehl  e«lat»-,  I   r  tlie  security  of  said  notes,  nt   a  rate  of  in- 
terest to  be  aqreed   upon  by  sai<l  company   and    tlie  said 
own«rs  of  real  estate,  not  exceeding  ten  per  centum  jier 
annum. 
.  ^.        ^    !•••      In  case   it  should    at   any   time    appear   that  an 
t«^t-<*.  election  ol  din-ctors  should  not  be  made  on  tiieday  which, 

in  pursuance  of  this  net  or  tlr»'  by-laws  of  said  ('ompfiny, 
i:  ou^!it  lo  be  made,  such  fiiilure  to  elect  shall  in  nowiso 
rfT'Ct  the  rights  of  ha'h\  company,  but  such  eh  ction  shall 
b"  li'ld  at  any  other  time  which  mny  be  directed  by  the 
directors. 

^  11.   In  case  of  tin- death,  resiitriHtinn  or  rr-mova!  of  the 
w-»  1.  pr»  sid«-r»t,  \  ice  prcidei.t  or  any  ol  tin-  tlirerfor',  at  an)  tunc 

betwein  the  Biriuarelrctions,  such  vacancy  may  be  filled 
for  tl.f  remaii.der  of  the  )ear,  »vlienever  the  same  may 
happen,  by  the  n  maming  oirectors  or  a  majority  of  then:; 
and  in  ca««'  ot  tlie  absence  of  the  president  or  \iiv  presi- 
dent, tin-  board  of  dir^-ctorx  f-\  all  Imve  power  to  iijpoint 
a  presitlenl,  pro  t.irtjuirr^  who  shall  luive  and  extrciso 
such  powers  and  functions  as  the  by-laws  <j(  l!:e  said  cor- 
poratiuri  may  prescribe. 


711  1857. 

§  12.  That  whenever  it  shall  he  necessary  for  the  ^^^n^uom"'^ 
constnictioi)  uf  said  railruud  to  intersect  or  cross  a  track 
of  any  otiif  r  railroad  or  any  stream  of  wrater  or  water 
course  or  road  or  liif^hwiiy  on  the  route  of  ch\<\  road,  it 
shall  be  lawful  for  the  compMny  toconstruet  their  railroad 
across  or  upon  the  same:  Prnvitit  d,  that  the  said  Com- 
pany shall  restore  the  railroad,  stream  of  watir,  water 
course,  roud  or  highway,  thus  intersected  or  crossed,  to  its 
f  )riner  state  or  in  a  sutficient  manner  not  materially  to 
impair  its  usefulness. 

>j  1  J.  That  said  company  shall  have  power  and  it  is 
hereby  made  lavvful  for  said  company  to  unite  its  railroad 
with  any  other  railroad  or  railroads,  now  constructed  or 
beiuj^  constructed,  or  which  may  be  hereafter  constructed 
within  this  state,  which  may  cross  or  intersect  the  same, 
or  he  huilt  at  either  end  thereof,  upon  such  terms  us  may 
be  mutually  at^reed  upon  between  the  said  company  arid 
any  other  company  so  connectirifj;  and  lor  that  purpose 
full  power  is  heretiy  given  to  saiu  company  to  make  and 
execute  such  contracts  with  any  olh»r  company  or  com- 
panies as  shjill  secure  tlie  ohji-c*?  of  s'lch  connections. 

^  14.  That  it  shall  be  lavvful  for  the  directors  to  »'''>t"*'"''  •' 
require  paj  m^ut  ot  the  sum  suoscrihed  to  the  capital 
stock,  at  such  times  and  in  such-jiroportions,  and  on  such 
conditions,  as  they  shall  deem  proper,  under  penalty  of 
the  forfeiture  of  all  previous  payments  thereon;  and  shall 
give  notice  of  the  payments  thus  required,  and  of  the 
time  when  and  the  place  or  places  where  the  same  aie  to 
be  made,  at  hast  thiity  days  previous  to  the  time  of  the 
payment  of  the  same,  in  some  public  newspapers  printed 
in  Belleville  or  Pinckneyville. 

§  15.  That  said  company  is  hereby  authorized,  from  '*^^n[<f 
time  to  time,  to  borrow  such  sum  or  sums  of  money  as 
may  be  necessary  for  comjileting  and  furnishing  or  opera- 
ting tlieir  said  railroad,  and  to  issue  and  di9po>'e  of  their 
bonds,  in  denominations  |of]  not  less  than  five  hundred 
dollars,  bearing  a  rate  of  interest  not  exceeding  ten  ptr 
Cent,  per  annum,  for  any  amount  so  borrowed,  and  to 
mortJjage  their  corporate  [propeit>]  and  franchises,  or 
corivt-y  the  same,  by  dpctl  of  trust,  to  secure  the  payment 
of  any  debt  contracted  by  said  company,  for  the  purposes 
aforesaid;  and  the  directors  of  said  comj)any  may  confer 
on  any  bondholder  of  any  bond  issued  for  money  bor- 
rowed, as  aforesaid,  the  right  to  convert  the  principal 
due  and  owing  thereon  into  stock  of  said  company,  at 
any  time,  not  exceeding  ten  years  from  the  date  ot  said 
bond,  under  such  regulations  as  the  directors  of  said 
eomi)-iriy  may  sec  fit  to  adopt;  and  all  sales  of  such  bonds 
that  mij  be   made  at  less  than   thdir   par  value  shall  be 


1S57. 


12 


Wl«U    •«  lr»rk. 


good    unJ   vaiid    antl    uiiitllnsj  upon  said  oornoratinn   as  if 
suoii  l>>uul<  iitiil  been  sold  lur  Uio  lull  Hininint  titt  icot. 

^  l<>.  Every  conduct«»r,  Upyj^age  lUHSter,  iiii»inopr, 
br^keinan  and  other  servHiit  oi  ^utll  ci>r|iurHtioii,  eiii|il()}fd 
iu  a  |Ki<!iein»er  train  «»r  nt  i\  sja»it»n  lor  pH>s»'ii^»'rs,  sliall 
wear  upon  hi<)  liat  or  c.tp  a  baili;t>,  wliii'li  sIihII  iiidioate 
lu«  otfiot-,  the  iiiitidl  or  s')le  nl"  the  corjuwatiou.  No 
conductor  or  c«>llector,  witl.ou:  stich  hat)<»» ,  shall  lieiuand 
or  be  eiililled  to  rective  Iroin  any  jM^senj^er  any  l^re, 
loll  or  ticket,  or  exerci-^e  any  of  the  |».)wers  ot"  his  otKoe; 
and  no  other  of  saiti  orti  'ers  or  servants,  without  snch 
budge,  shall  have  any  anthority  to  niedtlle  or  inteilVre 
Willi  any  pa^sengor,  his  l)rt;rirH«;e  or  properly,  in  lonninjj; 
pa^jseni^t-r  trains.  13rtgv;ai»e  or  fr«  ii;ht  or  inn  i-hunili/e  or 
iuiobtr  oars  shall  not  be  piaeetl  in  the  rear  of  pa-ssenjrer 
cars;  and  if  they  or  any  of  them  shall  he  so  pla«ed  and  any 
accident  sli:ill  liappen  to  life  or  limb  the  officer  or  a^ent 
who  no  directed  or  knowingly  sulfered  sncli  arrani^enient 
aiid  t!ie  conductor  or  «  ii'^imer  of  the  tr<iiii  shall  each  un  i 
all  be  held  t;nilty  of  a  misdemeanor,  and  shall  be  pniii-<hed 
accordingly.  The  certificate  of  the  secretary  of  said 
company  under  the  ciV|)orate  seal  thereof  shall  be 
received  in  all  courts  ot  jus'tice  and  elsewhere  as  evi- 
dence of  the  regular  ort/anization  of  said  company  under 
il'»  charti'r  and  of  any  act  or  order  of  the  lioard  of  direc- 
tors ol'  sditi  company. 

§  17.  That  the  width  of  said  road  sliiill  be  detf  rmined 
by  the  directors  of  said  coni|>aiiy,  witliiu  the  limits  pre- 
tcrihid  by  the  first  section  liereof.  Tlie  said  company 
fliall  carry  and  transport  the  mail  of  the  IJnitid  States  on 
such  term-i  ;»<  may  he.  ngreed,  and  all  sncli  fri-ights  and 
passengers  as  may  lie  ollVred  if  re(|'iir«-d  so  to  do,  on  the 
terms  usual  with  like  railroad  companies. 

^  18.  This  act  shall  be  deemed  a  public  art,  and  is 
herehj  no  de^dared,  and  shall  be  favorably  construed  for 
•  11  puip.ises  herein  expressed  and  declared,  in  all  courts 
and  places  whatsoevi-i:  Procidtd^  that  said  railroad  com- 
pany shall  commence  the  coiMtroction  (d'  said  inilioad 
williiii  five  years  ni:d  complete  the  same  within  eight  }ears 
from  the  passage  of  llii>«  act. 

§  r.).  Thii  act  to  take  elfect  and  be  in  force  from  and 
after  I''  passHge.       ■• 

AeraoViCu  Feb.  14,  1S.>7. 


713 


1857. 


AN  ACT  to  change  the  nam«  of  th'  town  of  Mitlway,  in  Edgar  county,  Feb.  u,  \tbi] 
tu   tlidt   of  K.iiitas. 

Section  1.  lie  it  rucirted  tiy  tlw  penplc  of  the  state  of 
Illinuifi,  represeuttd  in  tlie  Genend  »/vs<'mA/y,  TliHt  the 
name  of  the  town  of  MkIwav,  in  E-ljgar  county,  be  and  is 
hereby  cf"Hn«;t*jl  to  that  of  Kan>»as.    | 

§  2.  Tills  act  to  take  etFect  andlbe  In  force  from  and 
after  its  passage. 

Approved  Feb.  14,  1857. 


AN  ACT  to  vacate  a  part  of  th^  plal  of  the  town  of  Franklin,  in  the  Feb,  14,  18«7. 
cuiinly  cif  fike. 

Section  1.  Be  it  ennctvd  /»»]  t}\e  ])e(>})le  of  the  state  of 
Jlliiiois,  r( pi'esejittd  ill  lite  GnVral  JJsst'ynli/t/y  That  the 
east  half  of  the  town  |)!at  of  t'ltltown  of  Fidiiklin,  in  tiie 
county  of  Pike,  and  state  of  Illiioia,  be  and  the  same  is 
hereby  vat-atpfi,  and  taxes  shall  \e  assf  ssed  on  thp  same 
in  the  same  manner  as  upon  otliAr  land,  and  not  as  town 
lots,  and  that  tin*  fitlr  to  the  slWets  and  alleys  in  said 
east  half  of  said  town,  be  vested  in  the  owrier  or  owners 
of  the  adjoining  lots. 

§   2.     This  act  to  be  in  f^rce  from  and  after  its  passage. 

Approvki>  Feb.  14,  1857. 


AN  ACTti  conpolidatf  »hp  RPvrral  ac»«  ni  ilf r   which  Ihe  city  of  Ma-  Feb.  n,  :657. 
comb  was  incorjiorated  and  to  amend  the  same. 

Article  I. —  Of  Botnularicft,  (Umral  Puivcrs  and  For- 
mation <f  U'arils. 

Skction  1.  Be  it  enacted  />//  //;/'  people  (f  the  atate  of 
Jllinois^  represented  in  Ihe  General  %'is\e?nf>/i/^  That  all 
that  district  ol  cotintry,  in  the  county  uf  MrDonou^l-,  and 
state  of  Illinois,  embraced  within  the  following  liw  its,  to  B«nndarie». 
wit:  The  south  hall  of  section  No.  thiity-one  (-H,)  the 
80Utl.wt.«it  quai'er  of  the  northrast  quarter  of  section  No. 
thirf}-<.ne  (•>•,)  nrid  the  nnrthwist  fjuartt-r  of  ."i  ctjon 
thirty  one  ('il,)  all  in  towi  ship  No.  si.x  ('j)  north  of  the 
officer   shall  be    removed,  except   for   goud    cause,    nor 


I 


I.