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Full text of "Laws of the State of Illinois"

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. 



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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 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-t n iM 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. 

rrmft n r «.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; 



f o« a i>» ; ..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 



V*;*. 



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 
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. 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 .-.? 



•■'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