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PRIVATE LAWS
OF THE
STATE OF ILLI2STOI
PASSED BY THE
TWENTY-FOURTH GENERAL ASSEMBLY.
CONVENED JANUARY 2, 1865.
VOLUME I.
SPRINGFIELD :
3AKER k PHILLIPS, PRINTERS,
1865.
WESTERN ILLINOIS UNIVERSITY
LIBRARY
31 711 006118009
TABLE OF CONTENTS
ACADEMIES, COLLEGES, ETC.: Page.
An act to incorporate the Barrington Academy ... . . 1
An act to incorporate the Grundy Academy ',j
An act to incorporate the North-Western Normal Academy of Music . . 4
An act to incorporate the Quincy Academy 5
An act to incorporate the DeSoto College, Jackson county 6
An act to enable the Rush Medical College of Chicago to fund its present indebted-
ness, and to borrow money 9
An act entitled "An act to incorporate the Mercer Collegiate Institute " 10
An act to incorporate the North-Western College 12
An act to incorporate Westfield College 17
An act to amend an act entitled "An act to incorporate the Garrett Biblical Insti-
tute," approved February 15, 1855 20
An act to incorporate the Augustana College and Seminary 21
An act to incorporate the Grand Prairie Seminary and Commercial College. 23
An act to amend an act to incorporate the Henry Female Seminary 25
An act to incorporate the Mount Zion Male and Female Seminary 25
An act to incorporate St. Joseph's Female Seminary, of Cairo 27
An act to incorporate the Southern Illinois Seminary 28
An act to incorporate the Evangelical Lutheran Teachers' Seminary, of the German
Evangelical Lutheran Synod of Missouri, Ohio and other States 31
An act to incorporate the Washington Seminary 32
An act to incorporate the Quincy Independent German School Association 34
Au act to incorporate the Peoria German School Association 36
An act to incorporate the Chicago Industrial School Society 37
An act to incorporate the Baptist Theological Union, located at Chicago 38
An act to incorporate Kankakee University 41
An act to incorporate Lincoln University 44
An act to amend an act entitled "An act to incorporate the Lind University," ap-
proved February 13, 1857 49
An act for changing the name of the Lind University to that of Lake Forest Uni-
versity 53
AGRICULTURAL SOCIETIES:
An act to incorporate and legalize the incorporation of the Macon County Agricul-
tural Society 53
An act to amend an act entitled "An act to incorporate the Union Agricultural So-
ciety of Jo Daviess, Stephenson, Lafayette and Greene counties" 54
ANIMALS RUNNING AT LARGE:
An act to prevent domestic animals from running at large in the county of St. Clair 55
i CONTENTS.
BANKS: PAGE.
An act to incorporate the East St. Louis Real Estate and Savings Bank 57
An act to incorporate the Farmers' and Mechanics' Savings Bank of Knox County,
Illinois 59
An act to incorporate the Farmers' and Mechanics' Savings Bank of McHenry
County 61
BENEVOLENT SOCIETIES:
An act to incorporate the Chicago Arbeiter Verein, of Chicago, Illinois 63
An act to incorporate the Chicago Sociater Arbeiter Verein of West Chicago, Illi-
nois 64
An act to incorporate the Bricklayers' and Masons' Benevolent Association of the
City of Chicago 65
An act to incorporate the Dania Society of the City of Chicago 67
An act to incorporate the Chicago Charitable Eye and Ear Infirmary 68
An act to incorporate the German Mutual Aid and Gymnastic Society of the City
of Aurora 69
An act to incorporate the German Benevolent Society at Ottawa, LaSalle County,
Illinois .' • 70
An act to incorporate the German Benevolent Supporting Society of the Town of
Mendota '. 71
An act to incorporate the German Benevolent Society of Bloomington 71
An act to incorporate the Grand College of the State of Illinois of the Working
Men's Relief Society 73
An act to incorporate the " Grand Grove of the United Ancient Order of Druids of
the State of Illinois," and the subordinate Groves under its jurisdiction 74
An act to incorporate the Old Ladies' Home, of Chicago, Illinois 76
An act to incorporate th j Home fur the Children of Deceased and Disabled Soldiers 79
An act to amend an act entitled "An act to incorporate the Chicago Home of the
Friendless" 81
An act appropriating one thousand dollars to the Home of the Friendless of the
■ City of Springfield 81
An act to incorporate the Laborei-s' Benevolent Association of Chicago 82
An act to amend an act entitled 'An act for the incorporation of the Grand Lodge
of the State of Illinois of the Independent Order of Odd Fellows, and the subor-
dinate Lodges thereunto belonging " 83
An act to .incorporate the Chicago Nursery and Half Orphan Asylum 84
An act to incorporate the Evangelical Protestant Widows' and Orphans' Aid Soci-
ety of theCity of Quincy, Illinois 86
An act to incorporate the Operative Plasterers' Protective and Benevolent Society 87
An act to incorporate the Redtmptorist Fathers of Chicago .... 88
An act to incorporate the Roman Catholic Total Abstinence and Benevolent Soci-
ety of the City of Chicago 89
An act to incorporate St. Luke's Hospital of Chicago 91
An act to incorporate the Sisters of Charity of St. Joseph, of the State of Illinois 93
An act to incorporate the St. Joseph's Hospital at Alton 94
An act to incorporate* the Catholic St. Francis Benevolent Society of the City of
Chicago 95
An act to incorporate the Chic igo Turn-Gemeinde 96
An act to incorporate the Bloomington Turnverein of the City of Bloomington,
McLean County, State of Illinois 97
An act to incorporate the Chicago Erring Women's Refuge for Reform 93
BOUNTIES :
An act to authorize the levy and collection of taxes in the counties therein
named, for the payment of bounties to persons mustered into the service of the
United States, and provide for the adju-tment of claims relating to the same . . 100
An act to enable the citizens of the several towns in the counties therein named to
raise money for the payment of bounties 102
An act to amend section nine (9) of an act entitled "An act to enable the citizens
of the several towns in the counties therein named to raise money for the payment
of bounties" 106
An act to authorize the levy and collection of taxes in counii<'8 therein named, for
the payment of bounties to persons mustered into the service of the United
States, and to support the families of Buch persons 106
CONTENTS. 5
BOUNTIES: page.
An act to authorize the counties therein named to borrow money, and to levy spe-
cial taxes, for the payment of bounties 109
An act to authorize the levy and collection of taxes in the counties of Jasper,
Cumberland, Crawford and Clark, for the payment of bounties to persons who
enlist and are mustered into the service of the United States 109
An act to authorize the counties of Morgan, Scott, Logan, Calhoun and Jersey to
pay bounties to volunteers, dr.ifted men and substitutes, and to borrow money to
pay the same Ill
An act to legalize the acts of the boards of supervisors of Ford and Iroquois coun-
ties, and to provide for the raising of money for war purposes in said counties. . 1 12
An act to authorize the levy and collection of taxes in the counties of Shelby,
Douglas and St. Clair, for the pavment of bounties to persons who enlist and are
mustered into the United States service ' 11::
An act to authorize the counties of Washington and Clinton to borrow money to
pay 1 ounties to volunteers, and levy a tax to pay the same 115
An act authorizing the county of Brown to levy taxes for the payment of bounties
to volunteers and drafted men 115
An act to legalize the interest bearing bonds issued by Bureau county to enable the
raiding of bounties. . . .'. 116
An act to enable the county of Cass to raise money for the payment of bounties to
volunteers and drafted men 117
An act for the relief of drafted men 117
An act to auhorize the county of Cook to issue bonds, and to provide for the pav-
ment of the principal and interest the< on 118
An act to authorize the county of Cook to issue bonds, and to provide for the pay-
ment of the principal and interest thereon 120
An act to authorize tiie levy and collection of taxes in DeWitt county, for bounty
purposes 121
An act to allow the several towns in DuPage county to issue bonds, and for other
purposes 122
An act to legalize the action of the board of supervisors of the county of Fulton,
appropriating money for the relief of drafted mai, soldiers and families, and for
bounties, and to authorize future appropriations for like purposes 12:.
An act to authorize the several towns of the county of Fulton to levy a war tax. . 121
An act for the relief of Greene county .... 125
An act in relation to appropriations for war purposes in Hancock county, and levy-
ing special taxes to pay the same 125
An act to authorize the town of Elizabeth, in the county of Jo Daviess, to levy a
special tax, to refund money furnished to pay bounties to volunteers 12G
An act to legalize certain county orders of the county of Kankakee therein men-
tioned 127
An act to authorize the bsard of supervisors of Kendall county to borrow money. . 128
Au act to authorize the board of supervisors of Kendall county to borrow money. . 128
An act to authorize the levy and collection of county and town taxes in Lake
county, for the pavment of bounties to volunteers and accepted conscripts ; to
legalize all town meetings heretofore held in said county for war purposes; to"
legalize all county and town bonds heretofore issued ; and to authorize the issu-
ance of county and town bonds for war purposes ; and to grant certain powers
therein mentioned to town electors in said county 129
An act to legalize the action of the board of supervisors of the county of LaSalle,
in relation to bounties to drafted men, and to extend the powers of said board. . 131
Au act to authorize the several towns in the county of Lee to appropriate moue3T to
pay bounties to peisons enlisting into the military service of the United States. . 132
An act to legalize the action of the board of supervisors of the county of Lee, and
to provide for the payment of bonds, and interest on the same, issued by order
of the board of supervisors 132
An act to legalize the action of the board of supervisors of the county of Lee, and
to provide for the payment of bonds, and interest on the same, issued by order
of the supervisors " 133
An act authorizing the board of supervisors of Livingston county to levy and col-
lect a tax, for war bounties, therein named 134
An act to authorize the county court of Macoupin county to issue bonds and levy
taxes, to raise money and pay bounties to volunteers 13-4
6 CONTENTS.
BOUNTIES : page.
An act to authorize the county of Madison to issue bonds for the payment of boun-
ties, and for other purposes 135
An act to authorize the county of Marshall to issue bonds for bouuty purposes. . . . 135
An act to enable the several towns in the county of Marshall to raise money for
the payment of bounties 1 36
An act to authorize the county of McDonough to levy a tax for the purpose of
paying bounties to volunteers and drafted men, and assisting their families 137
An act to enable McLean county to raise money for war purposes 137
An act to legalize, certain acts of the county court of Menard county, in offering
war bounties 138
An act to enable the county court of the county of Menard to levy and collect a
special war bounty tax 138
An act to authorize the board of supervisors of the county of Pike to pay boun-
ties for volunteers, and to assist drafted men in procuring substitutes, to levy
and collect taxes, and issue bonds to pay for the same 140
An act in aid of Sangamon county 142
An act to authorize the board of supervisors of the county of Schuyler to issue
bonds for the purposes therein named 142
An act to authorize the several towns of the county of Schuyler to levy a war tax 143
An act to enable the county of Shelby to levy taxes and bonow money for the
purpose of procuring the enlistment of volunteers, and for the relief of drafted
men, during the existence of the present rebellion 144
An act to legalize the assessment, extension and collection of the bounty tax fund
in the county of Stephenson 145
An act to enable the board of supervisors .tf Tazewell county, Illinois, to levy and
collect a special tax, for war purposes 145
An act to legalize the action of the board of supervisors of Tazewell county, Illi-
nois, relative to paying bounties, and to extend the power oi the board of super-
visors of said county 146
An act to legalize the action of the board of supervisors of Will county, and of
the several towns or sub-distiiets thereof, in relation to bounties to men for the
army of the United States 147
An act to enable the city of Elgin to levy a tax to procure substitutes or volun-
teers 148
An act to enable the city of Peoria to appropriate money for the payment of boun-
ties, and provide the means to pay such appropriations, and to repeal a law and
a part of a law therein named 149
J.n act authorizing the city of Quincy to levy a special tax to provide means to
obtain volunteers for the military service of the United States 151
An act supplemental to an act authorizing the city of Quincy to levy a tax and pro-
vide means to obtain volunteers for the military service of the United States. . . 152
An act to legalize bonds issued by the city of Waukcgan, Lake county, to raise
moncv to pay bounties to volunteers and accepted conscripts credited to said
city . * 152
An act to legalize the acts of the auditors of towns in the counties of Will and
Kendall, in relation to taxes assessed and levied for bounties to men for the ar-
mies of the Un ted States, and for the extending the collection of the same. . . . 153
An act to enable the town of Appanoose, in Hancock eounty, to levy tax for war
purposes 153
An act to enable the township of Astorii, in the county of Eulton, and state of
Illinois, to vote a war tax 154
An act to enable the citizens of Orion and Astoria townships, in the county of
Fulton, to raise money for the payment of bounties and for the relief of drafted
men 155
An act to authorize the township of Big Grove, in the county of Kendall, to bor-
row money to pay bounties, etc 156
An act legalizing an appropriation made by the corporate authorities of the town
of DuPage, in Will county 156
An act to enable the town of Fall Creek, in the county of Adams, to levy and col-
lect a tax for a war fund therein named 157
An act to authorize the township of Fountain Green, in the county of Hancock,
and state of Illinois, to levy and collect a tax to pay volunteers in the military
service of the United States 159
CONTENTS. 7
BOUNTIES : pagi.
An act to authorize the township of Hancock, in the county of Hancock, and state
of Illinois, to levy and collect a tax to pay volunteers in the military service of
the United States 161
An act to legalize a vote in Horter township, and for other purposes 162
An act to enable the town of Lewistown to raise money to aid in furnishing its
quota, under the last call of the president of the United States for volunteers,
etc 163
An act to enable the town of Melrose, in the county of Adams, to levy and collect
a tax for a town fund therein named 164
An act to enable the citizens of the town of Mission, in the county of LaSalle, to
raise money for the payment of bounties, and for other purposes therein named. . 167
An act to authorize the township of Payson, in the county of Adams, and state of
Illinois, to levy and collect a tax to pay volunteers in the military service of the
United States, under the last call of the president 169
An act to enable the citizens of Pennsylvania, and other townships, in Mason
county, to offer a war bounty 171
An act to enable the town of Peru, in the county of LaSalle, to piovide for paying
bounties to volunteers and persons drafted into the military service of the United
States, and for other purposes 173
An act to enable the town of Towanda, in McLean county, to raise money for war
purposes 173
BREWERY :
An act to incorporate Lill's Chicago Brewery Company 174
BRIDGES:
An act to incorporate the Erie Bridge Company 176
An act to incorporate the Hancock County Bridge Company 180
An act to authorize the building of a bridge across the Illinois river at Havana. . . 181
An act to incorporate the Illinois River Bridge Company, at Peoria 184
An act to levy taxes upon the property in certain towns therein named, to liquidate
the indebtedness for building a bridge across the Kankakee river at Aroma, in
Kankakee county 188
An act to incorporate the Marseilles Bridge Company 188
An act to empower the persons mentioned in an act of incorporation passed by the
general assembly of the state of Missouri, entitled "An act to incorporate the St.
Louis and Illinois Bridge Company," approved February 5, 1864, to form a cor-
poration, and build a bridge across the Mississippi river at St. Louis 191
An act to amend an act entitled "An act to incorporate the Morris Bridge Com-
pany," passed February 13, 1855 « 193
An act to repeal an act entitled "An act to amend an act entitled ' an act to incor-
porate the Morris Bridge Company ' " 194
An act to revive an act entitled "An act to incorporate the Quincy Bridge Com-
pany," approved February 10, 1853 194
An act to incorporate the Saline River Bridge Company 195
An act to incorporate the Seneca Bridge Company 196
An act to incorporate the Sterling Bridge Company 199
An act to incorporate the Warsaw Bridge Company 201
An act to incorporate the Whiteside Central Bridge Company 202
BUILDING ASSOCIATIONS:
An act to incorporate the Masonic Temple Association of the City of Alton 205
An act to incorporate the Milton Block Association, of the town of Wheaton, Da
Page county 207
CANAL :
An act to incorporate the Chicago and Mississippi Canal Company 209
CEMETERIES :
An act to incorporate the Aurora Cemetery Company 213
An act to incorporate the Des Plaines Cemetery Association 217
8 CONTENTS.
CEMETERIES : page.
An act to incorporate the Elm wood Cemetery Company 218
An act to amend an act entitled "An act to incorporate the Graceland Cemetery
Company," approved February 22, 1861, and to incorporate the Trustees of the
Gracehnd Cemetery Improvement Fund 222
An act to incorporate the Paxton Cemetery Association 225
An act to incorporate the Sterling Cemetery Association 226
An act to incorporate the Wheatland Cemetery Association 230
An act to incorporate the Whitehall Cemetery 232
An act to incorporate the Woodlawn Cemetery Association at Clinton 233
CHURCHES :
An act to incorporate the Baptist General Association of Illinois 235
An act to legalize the First Congregational Church and Society of Neponsett, and
for other purposes therein named 236
An act to incorporate the German United Evangelical Synod of the North-West. . 237
An act to amend an act entitled uAn act to change the name of the Methodist
Episcopal Church in the town of Chic igo, Cook county, Illinois, and for other
purposes," approved February 14, 1857, and to enlarge the powers thereof 238
An act to incorporate the Board of Directors of the Foreign and Domestic Mis-
sionary Society of the Cumberland Presbyterian Church of the United States . . 240
An act to change the name of the Presbyterian Church of Champaign 242
CITIES:
An act to amend the charter of the city of Alton 242
An act to amend the charter of the city of Alton 244
An act to amend the twelfth section of the charter of the city of Alton, establish-
ing and regulating the public schools in said city 244
An act to further amend an act entitled "An act to incorporate the city of Aurora,
and to establish an inferior court therein," approved February 11, 1857 245
An act to amend the city charter of the city of Beardstown 252
An act to amend the charter of the city of Belleville 254
An act to amend the charter of the city of Centralia 256
An act to amend an act entitled "An act to charter the city of Champaign,"
approved February 21, 1861 256
An act to incorporate the city of Charleston, in Coles county 263
An act to amend an act to incorporate the city of Chester 274
An act to amend an act entitled "An act to reduce the charter of the city of Chi-
cago, and the several acts amendatory thereof into one act, and to revise the
same," approved February 13, 1863 _• 274
An act to amend an act entitled "An act to reduce the charter of the city of Chi-
cago, and the several acts amendatory thereof, into one act, and to revise the
same," approved February 13, 1863 284
An act to repeal the charter of Dallas City, and provide for the property thereof. . . 292
An act to charter the city of Danville 294
An act to amend an act entitled "An act to repeal an act entitled an 'Act to incor-
porate the city of Decatur, and to recharter the same," approved January 26, 1857. 332
An act to amend an act entitled "An act to incorporate the city of Dixon," approved
February 19, 1859 332
An act to incorporate the city of Dunlieth 335
An act to incorporate the city of DuQuoin 341
An act to incorporate the city of East St. Louis 344
An act to empower the city of Elgin to subscribe stock to the Elgin Academy 361
An act to amend an act entitled " An act to amend an act entitled an act to change
the name of Emporium City, in Pulaski county, to that of Mound City, and to
incorporate the same," approved February 24, 1859 362
An act "to amend an act entitled "An act to incorporate the city of Freeport,"
approved February 14, 1855 368
An act authorizing the city of Fulton to levy a tax to pay certain indebtedness 364
An act to amend an act entitled " An act to reduce the law incorporating the city of
Galena, and the several acts amendatory thereof into one act, and to amend the
same, and for other purposes," approved January 30, 1857 365
An act to enable the city and town of Galesburg to borrow money, and for other
purposes
369
An act to incorporate the city of Geneseo 870
CONTENTS. 9
CITIES : PAGB.
An act to amend "An act to incorporate the city of Hamilton," approved February
24, 1859 391
An act to extend the jurisdiction of the city of Joliet, for school purposes 392
An act to amend the city charter of the city of Joliet 392
An act to establish the city of Kankakee 393
An act to amend an act entitled " An act to extend the limits and amend the char-
ter of the city of Knoxville," approved March 4, a. d. 1854 427
An act to amend an act entitled " An act to charter the city of LaSalle." 421
An act to change the name of the town of Postville, in Logan county, to that of
Lincoln, and to incorporate the same, with the town of Lincoln, into a city 430
An act to amend the city charter of the city of Macomb, in McDonough county. . . . 145
An act to amend an act entitled "An act to incorporate the city of Monmouth,"
approved June 21, 1852 452
An act to incorporate the city of Mount Carmel 453
An act to authorize the city of Nauvoo to purchase ground and build a city hall and
levy a special tax therefor 465
An act to amend an act entitled " An act to charter the city of Ottawa," approved
February 10, 1853 466
An act to amend an act entitled "An act to amend the charter of the city of Peo-
ria, and to establish and regulate a system of public schools in said city," approved
February 14, 1855, and the acts amendatory thereto 46*7
An act repealing an act fixing the boundaries of tLe city of Peoria 46&
An act to establish water works in the city of Peoria, and to amend the charter of
said city 469
An act to reduce the charter of the citv of Rockford, and the several acts amenda-
tory thereof into one act, and to revise and amend the same 472
An act further to amend the charter of the city of Rock Island. 506
An act to amend an act entitled "An act to enable the citizens of the town of Salem,
in Marion county, to become incorporated under the general law providing for the
incorporation of towns, approved Match 3, 1845," approved February 14, 1855.. 507
An act to amend an act entitled "An act to incorporate the city of Shelby ville,"
approved February 16, 1863 " 521
An act to amend the third section of article (8) eight of the charter of the city of
Springfield, Illinois 522
An act to amend the fourteenth section of an act to amend the charter of the city
of Springfield, Illinois, concerning Oak Ridge Ce nelery 522
An act to amend the charter of the city of Springfield 523
An act to enable the city of Warsaw to levy a tax, to pay off its indebtedness. . . 523
An act to amend an act entitled "An act to incorporate the city of Waukegan,"
approved January 23,1 859 523
COMMERCIAL CORPORATIONS:
An act to incorporate the Cairo Chamber of Commerce 524
An act to incorporate the Mercantile Association of Chicago 527
An act to incorporate the Merchants' Exchange of the City of Chicago 529
An act to incorporate the Chicago Stock Exchange 531
An act to incorporate the Quincy Board of Trade 534
COUNTY INDEBTEDNESS:
An act to enable the county of Adams to collect a tax to build a court house and
jail 585
An act to refund certain amounts therein named 536
An act to authorize the supervisors of Carroll county to issue county bonds 536
An act enabling the county of Champaign to fund her indebtedness, and for other
purposes 537
An act to authorize Clinton county to borrow money 538
An act to authorize the board of supervisors of Cook county to levy a tax in the
town of Maine, for cemetery purposes 589
An act to legalize the acts of the board of supervisors of the county of DoKalb. . . 639
An act to authorize the county court of Douglas county to borrow money, issue
bonds and levy taxes, to raise money to complete the court house and jail, now
in process of erection in said county 540
An act to authoiize the county of Hardin to borrow money for the construction of
a bridge across Big creek, in said county, and to increase the county revenue for
general purposes 640
10 CONTENTS.
COUNTY INDEBTEDNESS: pace.
An act to authorize the county courts of Montgomery, Bond and Fayette counties
to make appropriations for the purposes therein named 541
An act to authorize the county court of Perry county to issue county bonds 642
An act for the purpose of enabling the county court of Randolph county to issue
bonds, etc 543
An act to authorize the county of Tazewell to borrow money, and issue bonds, and
levy taxes, to secure the location of the Agricultural College in said county 643
COUNTY SEATS:
An act to relocate the county seat of Henderson county 645
An act for relocating the county seat of Iroquois county 646
An act to enable the people of the county of Knox to vote upon the removal of
the county seat 648
An act to remove the county seat of Pulaski county 549
DAMS :
An act to amend an act entitled "An act to authorize certain persons to construct a "JS1W
dam across Fox river, for hydraulic and manufacturing purpose.':," approved
February 15, 1851 551
An act entitled "An act to authorize William Coffin to build a dam across Fox river,
in the town of Batavia, Kane county." 552
An act tv) enable David Jewett to erect and maintain a dam across the Pecatonica
river. 552
DAMS:
An act to authorize Henry G. Putnam and Lucius E. Rice to establish and build a
dam across Rock river 553
DOCKS:
An act to incorporate the Madison Dock Company, 553
DRAINAGE:
An act to authorize the construction of private ditches for the drainage of land in
the counties of McHenry and Kane .... 555
An act to provide for the right of way for purposes therein expressed 556
An act to revive an act relating to certain lands in Mason county 555
EXPRESS COMPANY:
An act to incorporate the Atlantic and Pacific Express Company 557
FERRIES:
An act to amend "An act to authorize the trustees of township thirteen north, range
ten east of tlit; fourth principal meridian, to establish a ferry across the Illinois
river." 559
An act to establish a feiry across the Illinois river at Rome, Peoria eounty, Illinois. 559
An act to regulate the ferry heretofore established near Wertenberg, across Kaskas-
kia river 559
An act to authorize William H. Underhill and Alexander Vaughey to establish a
Jerry in Grundy count}' 560
An act to establish a ferry across the Mississippi river in Carroll county 561
An act to establish a ferry across the Mississippi river 562
An act to establish a ferry across the Mississippi river 562
An act to establish a ferry across the Mississippi river at Dallas City 563
An act to authorize P. L. Mitchell to keep a ferry across the Mississippi river 564
An act to establish the Massac and McCracken ferry 665
An act to amend an act entitled "An act to establish a ferry across the Mississippi
river at Warsaw, in Hancock county," approved January 17, 1851 ; and also, to
amend an act entitled "An act to amend an act entitled 'an act to establish a ferry
across the Mississippi river at Warsaw, in Hancock county,' approved January 17,
1851," approved February 14, 1857 668
An act to establish a ferry at the city of Alton 566
CONTENTS. 11
FIRE COMPANIES: page.
An act to establish a Board of Fire Engineers, and to reorganize the fire depart-
ment in the city of Quiney 567
An act to incorporate the Arab Fire Company of Cairo, Illinois 571
An act to amend an act entitled "An act to incorporate the Belleville Fire Com-
pany," approved February 15, a. d. 1855 573
An act to incorporate the South Belleville Fire Company of the city of Belleville. . 574
An act to incorporate the Springfield Pioneer Fire Company Nurnbor One, of the
city of Springfield. . . 575
An .-ict to incorporate the Phoenix Fire and Bucket Company of the city of Spring-
field 576
An act to incorporate the Phcenix Fire Engine Company Number Two, of the city of
Springfield 577
An act to incorporate the Young America Fire Company of the city of Springfield 578
FISH INSPECTOR:
An act in relation to the 1 ish Inspectors of the city of Chicago 580
GAS LIGHT COMPANIES:
An act to incorporate the Cairo City Gas Company 580
An act to repeal the act entitled "A1; act to incorporate the Decatur Gas Light and
Coke Company." 581
An act to incorporate the Decatur Gas Light and Coke Company 581
An act to incorporate the East St. Louis Gas Light and Coke Company. ; 582
An act to incorporate the East St. Louis Gas Light and Coke Company 584
Ar. act to amend the act incorporating the Jacksonville Gas Light and Coke Com-
pany 58.">
An act to incorporate the Lincoln Gas Light and Coke Company 585
An act to incorporate the Morris Coal, G is Light and Oil Company 587
An act to incorporate the Mound City Gas Light and Coke Company 588
An act to amend an act entitled "An act to incorporate the People's Gas Light and"
Coke Company," approved February 12, 1855 589
HEALTH REGULATIONS:
An act to provide sanitary measures and health regulations for the city of Chicago,
and to provide for the appointment. of a health officer for the city of Chicago. . . . 590
HEDGING AND FENCING:
An act to incorporate the Apple Creek and Illinois River Hedging and Fencing Com-
pany of Greene county, Illinois 594
HORTICULTURAL SOCIETY :
An act to incorporate the Illinois State Horticultural Society 596
HORSE RAILROADS:
An act concerning horse railways in the city of Chicago 597
An act to incorporate the Monticello and Bement Horse Railway Company 598
An act to promote the construction of Horse Railways in the city of Peoria 600
An act to incorporate the Quiney Horse R lilway and Carrying Company 601
HOTEL COMPANIES:
An act to further amend an act entitled "An act to incorporate the Brighton Hotel
and Stockyard Company," approved February 14, 1857 602
An act to incorporate the Chester City Hotel Company 603
An act to incorporate a hotel company in the town of Clinton 605
An act to authorize certain persons therein named to build a hotel in the town of
Lane 607
An act to authorize certain persons herein named to build a hotel in the city of
Ottawa 607
An act to incorporate the Peoria Hotel Company 608
An act to incorporate a Hotel Company in the city of Springfield 610
12 CONTENTS.
HYDRAULIC COMPANY: page.
An act to amend an act entitled "An act to incorporate the Cairo Hydraulic Com-
pany." 611
INSURANCE COMPANIES:
An act to incorporate the Accident Insurance Company 612
An act to amend the charter of the Adams Insurance Company 61 •
An act to incorporate the ^Etna Fire and Marine Insurance Company 614
An act to amend the charter of the American Insurance Company, of Frceport,
Illinois 615
An act to incorporate the Aurora Fire Insurance Company 617
An act to incorporate the Barrington Mutual Guarantee Insurance Association. . . . 620
An act to incorporate the Cairo Insurance and Loan Company 622
Au act to amend an act entitled "An act to incorporate the Chicago Fireman's In-
surance Company," approved February 14, 1855 624
An act to incorporate the Citizens' Insurance Company 624
An act to incorporate the Citizens' Insurance Company of Chicago 626
An act to incorporate the Citizens' Life Insurance Company 628
An act to incorporate the Citizens' Health Insurance Company 6S0
An act to incorporate the Commercial Insurance Company 631
An act to incorporate the Commonwealth Insurance Company 684
An act to amend an act entitled "An act to incorporate the DuPage County Mutual
Insurance Company of Wheaton," appoved February 16, a. d. 1857 686
An act to incorporate the Elgin Insurance Company 637
An act to incorporate the Excelsior Insurance Company 640
An act to amend an act entitled "An act to incorporate the Farmers' Insurance
Company," approved February 16, 1857 643
A'i act to amend the charter of the Farmers' and Merchants' Insurance Company
and the act amendatory thereof 646
An act to incorporate the Farmers' Mutual Fire Insurance Company, of Palmyra,
Lee county, Illinois 647
An act to incorporate the Federal Union Insurance Company 650
An act to amend the charter of the Fire and Tornado Insurance Company, of Free-
port, Illinois 653
An act to incorporate the Fort Dearborn Insurance Company 655
An act to incorporate the Galena Mutual Fire Insurance Company 657
An act to incorporate the Germania Fire, Marine, and Life Insurance Company of
Chicago 662
An act to incorporate the Great Western Horse Insurance Company, to insure against
thieves 663
An act to incorporate the Great Western Life Insurance Company 665
An act to incorporate the Globe Insurance Company at Chicago, Illinois 607
An act to incorporate the Howard Insurance Company of Illinois 671
An act to amend the charter of the Illinois Central Mutual Insurance Company, of
Springfield, Illinois 673
An act to incorporate the Illinois Insurance Company 674
An act to incorporate the Illinois Mutual Life Insurance Company 6 7
An act to incorporate (he Illinois State Insurance Company 680
An act to incorporate the Jo Daviess Insurance Company 685
An act to incorporate the Kendall County Mutual Fire Insurance Company 688
An act to incorporate the Kishwaukie Insurance Company 698
An act to incorporate the Knickerbocker Insurance Company of Chicago 696
An act to incorporate the Lamar Insurance Company, Chicago, Illinois 698
An act to amend the charter of the LaSalle county Mutual Fire Insurance Com-
pany 702
An act to incorporate the Travelers' Life and Health Insurance Company 703
An act to incorporate the Lincoln Mutual Insurance Company. 706
An act to incorporate the Lumberman's Insurance Company of Chicago 708
An act to incorporate the Macoupin County Mutual Insurance Company 710
An act to incorporate the Mercantile Mutual Fire Insurance Company of Chicago,
Illinois 714
An act to incorporate the Milburn Mutual Insurance Company 719
An act to incorporate the National Accident and Lile Insurance Company 722
An act to incorporate the National Insurance Company 724
An act to incorporate the National Insurance Company 726
CONTENTS. 13
INSURANCE COMPANIES: PAGE.
An act to incorporate the National Insurance Company 728
An act to incorporate the National Travelers' Insurance Company 731
An act to incorporate the North Western Insurance Company. . ." 735
An act to incorporate the Northwestern Insurance Company 740
An act to incorporate the Northwestern Farmers' Insurance Company 743
An act to incorporate the Northwestern Mutual Life Insurance Company 744
An act to incorporate the Northwestern Transit Insurance Company. . .'. 748
An act to incorporate the Packers' and Provision Dealers' Insurance Company of
Chicago 749
An act to incorporate the Pioneer Insurance Company 751
An act to incorporate the Planters' Insurance Company 755
An act to incorporate the Prairie State Live Stock Insurance Company 758
An act to incorporate the Protection Insurance Company ' 759
An act to incorporate the Provident Insurance Investment Company 761
An act to incorporate the Relief Insurance Company 766
An act to incorporate the Republic Insurance Company of Chicago 768
An act to amend "Ail act incorporating the Rock Island Insurance Company,"
approved February 22, 1861 . . '. 770
An act to incorporate the Rock Island Mutual Insurance Company 771
An act to amend the charter of the Rock River Insurance Company 775
An act to incorporate the Safety Insurance Company oi Chicago 775
An act to amend an act entitled "An act to incorporate the Sangamo Insurance
Company." 7'7'7
An act to incorporate the Siar Insurance Company 778
An act to amend the charter of the Stephenson Insurance Company of Freeport,
Illinois 781
An act to incorporate the Stock and Mutual Insurance Company 783
An act to incorporate the Traders' Insurance Compaq- of Chicago 788
An act to incorporate the Travelers' Insurance Company 790
An act to incorporate the Travelers' Security Insurance Company 7fc3
An act to incorporate the Union Fire Aid Insurance Company 796
An act to incorporate the Union Insurance Company 799
An act to incorporate the Union Insurance Company 802
An act to incorporate the United States Insurance Company 804
An act to incorporate the United States Insurance Company 806
An act to incorporate the United States Travelers' Insurance Company 809
An act to incorporate the Valley Insurance Company 812
An act to incorporate the Warren County Home Insurance Company 814
An act to incorporate the " Western Phcenix Insurance Company." 817
An act to incorporate the Western World Insurance Company 821
An act to amend an act entitled "An act to incorporate the Wineshiek Insurance
Company." 824
PRIVATE LAWS.
ACADEMIES, COLLEGES, ETC
AN ACT to incorporate the Barrington Academy.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, for the
purpose of establishing and maintaining an institution ofInfor^|«b'
learning of a high grade, at the town of Bairington, in the
county ot Cook, William B. Mcintosh, James S. Davis,
Ira J. Chase, Homer Willmarth, K J. Aylsworth, C. B.
Hawley, William T. Waterman, Denis Putnam, and J.
W. Kingsley, and their associates and successors, are hereby
constituted a body corporate, by the name of " The Barring- Body •orporate.
ton Academy," with perpetual succession, and power to sue
and be sued, either at law or in equity ; to have and use a Powers,
common seal, and alter the same at pleasure ; to take and
hold real estate and personal property, by gift, grant, devise
or purchase, and to rent, lease, sell, convey or in any way
dispose of the same, according to the by-laws of said incor-
poration.
§ 2. Trustees. — The nine persons above named shall T^ustee,•
constitute the first board of trustees of said academy, and
shall cause books to be opened at the town of Barrington,
within three months from the passage of this act, for sub-
scription to the stock of said academy, in shares of twenty-
five dollars each. That so soon as the sum of five hundred
dollars shall have been subscribed, the said trustees shall
call a meeting of the stockholders herein, who shall proceed ^tockhoideri!he
to elect a board of trustees, to consist of not less than five
or more than nine stockholders ; the number to be deter-
mined by a vote of the stockholders present ; which said
trustees shall continue in office until their successors are
elected.
§ 3. There shall be an annual meeting of the stockhold- Annual meetln«-
ers in this incorporation, on the first Tuesday after the
fourth of March, in each year, for the purpose of transact-
— 2i
£ ACADEMIES, COLLEGES, ETC.
ing business, and to elect trustees for the ensuing year ; to
Report. which meeting the trustees shall make a report of the con-
dition of the academy, setting forth, particularly, the char-
acter of the instruction imparted, the number of teachers
and pupils, and the financial condition of the incorporation.
§ 4. At all meetings of the stockholders each stockholder
shall have one vote for each share of stock he may hold in
said incorporation.
special meetings § 5. The trustees, or any two stockholders, may call
stockholders' meetings, by giving five days' notice thereof.
§ 6. The principal building or site of the same shall not
be sold by the trustees, without the consent of three-fourths
of all the stockholders, counting by shares, in said incorpo-
ration.
Appointment of § 7. The trustees shall have power to appoint, and, for
teachers. good cause, dismiss all such professors, teachers, officers and
servants of the academy as the by-laws may designate ;
and, also, to confer upon such students as are properly
qualified the degrees usually conferred by such institutions in
this state.
Profits divided. § 8. The rents and profits arising from the real or per-
sonal property, tuition fees, or other sources, after paying
all expenses and liabilities of the said incorporation, may be
divided among the stockholders, according to the number of
shares held by each.
By-laws. § 9. The trustees shall have power to make suitable by-
laws, for the regulation of the business of the incorporation
and the proper conducting ot the said academy ; by which
they may designate the number and names of the necessary
officers of the incorporation ; also, the number and qualifi-
cation of the several professors and teachers, and regulate
Pay of teachers, their compensation, and the amount of tuition fees to be
charged, and the course of study to be pursued ; also, pro-
vide for the dismission or other punishment of refractory
students.
§ 10. The property, both real and personal, belonging
to this incorporation, shall be forever exempt from taxation.
Sale of property. § \\% ^a[e of property. — The trustees, with the consent
of three-fourths in interest of the stockholders, may, at any
time, dispose of site and buildings of the said academy to
the directors of the school district in which it is situated, or
the united boards of directors of the neighboring districts,
for the purpose of forming a union school, under the laws
of this state ; and, in case of a sale, for that or any other
purpose, the proceeds of such sale shall be divided, pro rata,
among the stockholders.
Time of election. §12. Time of election. — The annual election of trustees
shall take place, as directed in section 3d, between the hours
of 12 m. and 4 p. m.
§ 13. This act shall be a public act, and be in force from
and after its passage.
Approved February 16, 1865.
ACADEMIES, COLLEGES, ETC. O
AN ACT to incorporate the Grundy Academy.
Section 1. Be it enacted by the People of the State of
Illinois, represented in tlie General Assembly, That Charles
II. Goold, George W. Lane, Charles Turner, Samuel Hoi- in forceFeb. w,
Herman, J. W. Maney, James M. Smith, Colyn Grant,
George F. Brown, Phillip Collins, and such persons as may
hereafter be associated with them, and their successors, are
hereby constituted a body corporate, by the name of "The Name and style#
Grundy Academy," for the purpose of establishing- and
maintaining an institution of learning, at 'Morris, Grundy
county, Illinois, for either males or females, or both, with
power to sue and be sued, to receive and hold real estate Powers-
and personal property, by purchase, gift, grant, lease, devise
or otherwise, and to lease, sell and convey the same, for the
furthering of the purposes aforesaid.
§ 2. The estate, property and financial concerns of said Management of.
corporation shall be managed and transacted by a board of
nine trustees, or less, as may hereafter be prescribed by the
by-laws of said corporation, to be elected by the stockhold-
ers, as hereinafter provided, who shall appoint the officers
and teachers and manage the course of instruction in said,
institution, and determine the general manner of conduct
ing the same.
§ 3. The persons named in the first section of this act Eoard of tru»-
shall constitute the first board of trustees, and shall be divi-
ded by lot into, three classes; the time of service of the
first class shall expire on the first Monday in June, a. d.
1S66, and that of the second class in one year, and that of
the third class in two years thereafter.
§ 4. On the first Tuesday in June, a. d. 1866, and on Es\e0Sid°efrs!he
the same day in each year thereafter, there shall be elected,
by ballot, by a majority of the stockholders present or
represented, three trustees, who shall hold their office for
three years; and all vacancies of the board of trustees then
existing shall also be filled at such election.
§ 5. Said corporation may have a capital stock of $100,- capital stock.
000, divided into shares of not less than $25, at the discre-
tion of the trustees; and all subscriptions to the same shall
become binding when the sum of $7,000 shall be taken ; said
subscriptions to be paid in such manner, at such times and
in such proportions as the trustees shall prescribe ; and any
subscriber failing to pay any installment or installments re-
quired, shall, at the option of said trustees, forfeit his claim stock forfeited,
to said stock and all payments made therqon.
§ 6. Any person holding a certificate for one or more Dividends,
shares of said capital stock shall be a member of this cor-
poration, and entitled to one vote for each share of stock by
him held, on which all installments required by said trus-
tees shall have been pa»d. Each stockholder shall be enti-
4:
ACADEMIES, COLLEGES, ETC.
By-laws.
Report of
teas.
tied to such dividends on their stock as the trustees may,
from time to time, declare thereon.
§ 7. The trustees shall choose their own officers, make
their own by-laws, and fill any vacancies in their own body,
until the next election ; and no person shall be elected to
the office of trustee in said corporation who is not, at the
time of his election, a stockholder therein.
§ 8. The trustees shall, at each annual election, submit
to the stockholders a report of the condition of the institu-
tion and of the finances of the corporation, and may, by
vote of the stockholders, at any annual meeting, borrow
May borrow mo- money and mortgage the property of the corporation to
ney> secure the same: Provided, that no sum shall [bej borrowed
by them exceeding $5,000.
§ 9. The property of said corporation, both real and
personal, shall forever be and remain free from taxation.
§ 10. This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Approved February 16, 1865.
In force Feb. i6,
1866.
AN ACT to incorporate the North-Western Normal Academy of Music.
Powers.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Board of regents F. Fargo, Richard Edwards, Daniel Wilkins, James Allen,
jr., Oramel Rugg, Elliott B. Winchester, William Ollis,
Henry Everly, James W. Maxwell and Ezra M. Prince are
hereby constituted a body corporate, by the name and style
of " The Board of Regents of the North-Western Normal
Academy of Music," for the purpose of establishing a musi-
cal academy at the city of Bloomington, in the county of
McLean.
§ 2. Said corporation shall have power to contract and
be contracted with, to sue and be sued, to have and use a
common seal, to take and hold real estate and other pro-
perty, to lease, convey and dispose of the same, for the pur-
poses aforesaid. Every conveyance shall be ordered by a
majority of the board of regents, and shall be signed by the
president and secretary of the board of regents and attested
by the seal of the corporation. Said corporation shall have
perpetual succession.
3. All vacancies occurring in the board of regents
shall be filled by the remaining members of the board.
Any member may, after having been served with a copy
of the charges and notice^ and trial thereon, be expelled for
immoral conduct, by a vote of two-thirds of the whole num-
ber of regents.
Vacancies
filled.
how
ACADEMIES, COLLEGES, ETC.
§ 4. The officers of the corporation shall consist of a officers.
president, secretary, treasurer and an executive committee
of three, the chairman of whom shall be secretary of the
board, all of whom shall be elected by said board ; and the
treasurer shall give bond, to be approved by the board.
§ 5. The principal, with the consent and approbation of Degrees,
said regents, shall have power to confer the degree of
Magistir Docendi Musicam upon such persons as, upon ex-
amination, shall be found qualified to act as teachers and
shall be found worthy of that honor.
§ 6. This act shail take effect from and after the passage
thereof.
Approved February 16, 1865.
AN ACT to incorporate the Quincy Academy. In force Feb. 15,
1S65.
"Whereas, Willard Keyes, Lorenzo Bull, Charles A. Savage, Preamble.
John C. Cox, Seth C. Sherman, and other persons, have
heretofore become associated together, under a general act
of the legislature for the incorporation of institutions ot
learning, for the purpose of erecting suitable buildings and
establishing an academy in the city of Quincy, in the state
of Illinois, in pursuance of which object said persons above
named, and their associates, have purchased grounds and
erected buildings and permanently established an academy,
as aforesaid, under the name and style of " The Quincy
High School ; " therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Willard
Keyes, Lorenzo Bull, Charles A. Savage, John C. Cox, Seth Body pontic.
C. Sherman, and the other stockholders of said association
mentioned in the foregoing preamble, who have paid the
amount of stock by them subscribed, and their successors
and assigns, be and they are hereby created a body politic
and corporate, by the name of "The Quincy Academy," Name.
and by that name to have perpetual succession, for the pur-
pose of maintaining an institution of learning as herein con-
templated.
§ 2. The corporation hereby created shall have power, Powers,
by its corporate name, to contract, to sue and be sued, to
acquire, receive and hold, by purchase or otherwise, pro-
perty, real, personal or mixed, and to use, manage, sell and
dispose of all such property, belonging to said incorporation,
in such manner as to it shall seem proper, for the promotion
of the objects and interests of said corporation ; to make,
have and use a common seal, and to alter the same at pleas-
ure ; and to make and establish all such rules and reirula-
ACADEMIES, COLLEGES, ETC.
Election of trus-
tees.
Teachers.
Capital stock.
Term of office of
trustees.
tions, for the management of said institution, as it may deem
proper, and not inconsistent with the laws of this state.
§ 3. The business of the corporation shall be controlled
by a board of trustees, consisting of five members, who shall
be elected by the stockholders on the first Saturday in May,
a.'„d. 1865, and annually thereafter, by a majority of the
votes cast at such election. Said trustees shall elect one of
their members president of said board, and one secretary,
and also a treasurer ; and the treasurer elect, previous to his
entering upon the duties of his office, shall give good and
sufficient security for the faithful performance of the same.
§ 1. The aforesaid trustees shall employ teachers, and
shall have power to confer honorary degrees and to grant
diplomas.
§ 5. The capital stock of this association shall not ex-
ceed one hundred and fifty thousand dollars, and shall be
divided into shares of one hundred dollars each ; and each
share shall, at all elections in reference to said academy, be
entitled to one vote. Said corporation may. from time to
time, increase their stock subscriptions at pleasure to the
extent of one hundred and fifty thousand dollars, as afore-
said.
§ 0. The rules and regulations of said joint stock asso-
ciation, under the name of uThe Quincy High School," and
also its by-laws, which are not inconsistent with the act of
this incorporation, shall be and remain in full force until the
same shall be repealed by said corporation.
§ 7. The trustees of said Quincy high school, viz : "Wil-
lard Keyes, Lorenzo Bull, Charles A. Savage, John C. Cox
and Seth C. Sherman, shall be and remain trustees of this
corporation until their successors are elected and duly
qualified.
§ 8. This act shall be considered a public act, and shall
take effect from its passage.
Approved February 15, 1865.
In force Feb. 16,
1865.
AN ACT to incorporate the DeSoto College, Jackson county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Absol-
Name and style, mom L. Davis, John West, Joseph H. Reeves, Stephen S.
Hall, Joseph B. Davis, Edward Schwartz, 'William Bradley,
sr., Thomas M. Logan, John B. Clinton, Hawkins S. Oz-
burn, John II. Mulkey, Andrew D. Duff, John M. Cun-
ningham, Joseph Benoist and Phillip Kimmel, and their
successors, be and they are hereby created a body corporate
and politic, to be styled "The President and Trustees of
ACADEMIES, COLLEGES, ETC. 7
DeSoto College ;" and by that name and style to remain
and have perpetual succession, with full power to sue and Powers,
be sued, plead and be impleaded with, defend and be de-
fended against, both at law and equity, in any and all courts
in this state, having jurisdiction of the subject matter there-
of; to contract and be contracted with ; to purchase, acquire,
hold, sell and convey property, both real and personal ; to
have and use a common seal, [and] to alter and amend or
renew the same at pleasure ; to use, manage, employ and
dispose of all such property or money, belonging to said
corporation, as to them shall seem meet for the promotion
of the objects and interests of said corporation ; to make and
establish all such by-laws and regulations, for the manage-
ment of said institution, as may seem necessarj7 and proper,
and not inconsistent with the constitution and laws of this
state or of the United States.
§ 2. That said college shall be located in or near the Location,
town of DeSoto, county of Jackson, state of Illinois. The
object shall be to furnish instruction and the means of edu-
cation to all persons who shall comply with the by-laws and
regulations of the institution, and shall be equally open to all
religious denominations for this purpose; and the profession
of no particular political or religious faith shall ever be re-
quired of teachers, professors, officers or pupils of said insti-
tution, nor shall it ever be placed under the control of any
particular religious denomination or sect.
§ 3. The stock of said company shall consist of shares of capital stock,
ten dollars each, to be subscribed in such manner as the
trustees shall direct, and which shall be deemed personal
property, and shall be transferable on the books of said cor-
poration as the board of trustees may prescribe. The capital
stock shall not exceed the sum of twenty thousand dollars.
§ 4. The corporation of said institution shall have power scholarships.
to grant scholarships on such terms and for such amounts
as to the trustees thereof may seem proper, not inconsistent
with this act; for which sholarships shares of said stock
may be received, on such terms as said trustees shall deter-
mine, and which, when granted, shall be transferable.
§ 5. Said trustees shall have authority to prescribe and course of studies
regulate the course of studies to be pursued in said college ;
to fix the rate of tuition and other collegiate expenses, or
authorize the principal of said institution to fix the same ;
to appoint instructors and other officers and agents as may
be necessary in managing the affairs of said institution ; to
define their duties and fix their compensation ; to displace Duty and pay of
or remove them ; to erect necessary buildings ; to purchase °acers-
books, chemical, philosophical and other apparatus ; to es-
tablish a library, a cabinet or museum of natural history,
and other suitable means of instruction ; to make rules for
the general regulation of the conduct of the students ; to
suspend or expel any student whose habits are idle or vicious,
8 ACADEMIES, COLLEGES, ETC.
or whose moral character is bad, or who refuses to obey the
rules of the college.
Primary depart- § 6. There may be attached to said college a primary
department, in which shall be taught all the branches which
are usually taught in the common schools in this state.
Said department may become and thereafter constitute one
of the common schools of said district.
Tax levied. § 7. When the capital stock of said corporation shall
have reached the sum of one thousand dollars, there may
be levied, by the directors of the district in which said insti-
tution may be located, a tax on all taxable property of said
school district, for a sum not exceeding seven hundred dol-
lars, for two consecutive years, to be applied to the erection
and furnishing a school building for said primary depart-
ment, or for fixing up, preparing or furnishing a room or
rooms in said college buildings for the use of said primary
department : Provided, said tax shall not be so levied unless
a majority of the legal voters of said district present, at an
election held for that purpose, decide in favor of said tax.
Board of direct- g S. If such tax be so levied, and said primary depart-
ment be established, it shall constitute one of the common
schools of said district; and thereafter, while it remains thus
connected with said college, the directors of said school dis-
trict, by virtue of their office as such directors, shall become
members of the board of trustees of said college ; and they,
together with the other trustees of said college, residing in said
school district, shall constitute the board of directors for said
primary school, and have all the rights and powers over and
concerning it that school directors have over and concerning
schools and school property, money and expenses in their
Proviso. districts : Provided, that no change made in said school
district in which said college is located shall in any way
change or alter the rights hereby granted to said corporation
and school ; but said term district, as used in this act, shall
be taken and intended to include the school district or dis-
tricts that include within their bounds said college building
and grounds, and that include any part of said town of De-
Further proviso. iSoto : And, provided, further, that the legislature hereby
reserves to itself the right to alter, amend or repeal so much
of this act as relates to said primary school, whenever a ma-
jority of the legal voters of said district shall petition for
such alteration or repeal.
Trustees' term of § 9. Whenever the capital stock of said corporation shall
office' amount to the sum of fifteen hundred dollars, there shall be
elected, by the stockholders, (each share being entitled to
one vote,) by themselves or proxies, not less than nine nor
more than fifteen trustees, who shall constitute the succes-
sors of those named in the first section of this act ; one-third
of whom shall be elected for two years, one-third for four
years, and one-third for six years. And there shall, bien-
nially thereafter, an election be held to fill vacancies.
ACADEMIES, COLLEGES, ETC. !l
Notice of said elections shall be posted, in at least three con-
spicuous places, in said town of DeSoto, ten days previous
to the time of said elections. Said trustees shall have power Bonds of officer-.
to require of their treasurer, and other officers, bonds and
security for the proper performance of their duties as such
officers.
§ 10. All the buildings, grounds and property of said
institution and school, whether real or personal, and all the
stock and means of said corporation, shall be forever exempt
from state, county, school, road or town taxes.
§ 11. Any donation, devise or bequest made to said cor- Donations,
poration, for special purposes, in accordance with the objects . 0
of said institution, if the trustees shall accept the same, shall
be faithfully and truly applied in conformity with the express
conditions of the donor or devisor.
§ 12. The trustees of said college shall hold at least one Annual meeting
stated meeting each year, at said college building or in said
town of DeSoto. Seven shall constitute a quorum to trans-
act business.
§ 13. This act shall be deemed a public act, and shall be
in force from and after its passage ; and shall be liberally
construed in all courts in this state, for the purposes herein,
expressed.
ArpKovED Feb. 16. 1865.
AX ACT to enable the Rush Medical College of Chicago to fund its present in force April 15,
indebtedness, and to borrow money. 1865.
Sectiox 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
trustees of the Rush Medical College of Chicago have, and Trustees mar is-
the power is hereby conferred upon them, or a majority of suebond?-
them, to liquidate all of the present indebtedness of said col-
lege, and to that end the said trustees are hereby authorized
to issue bonds, in sums of not less than one hundred dollars,
in the usual form, payable to the holders of said indebted-
ness, or order, or to bearer, at their option, payable at such
day and at such rate of interest, not to exceed ten per cent,
per annum, as to said trustees shall seem expedient, and to
pay such indebtedness with such bonds, or to negotiate and
sell the same in the market, and with the proceeds pay such *y tUht- •
indebtedness. And the said trustees are heieby further au-
thorized to execute a mortgage or deed of trust upon all the
real estate and property of said college, in the usual form,
for the better securing the payment of said bonds, with the
interest to accrue thereon.
§ 2. The said trustees are hereby further authorized and Further authori-
empowered, from time to time, to borrow money, not exceed- ty*
—3
10 ACADEMIES, COLLEGES, ETC.
ing in all the sum of one hundred thousand dollars, for the
purpose of erecting additions to or rebuilding said college
buildings ; and, for that purpose, to issue bonds, and secure
the payment of the same upon the college property, in all
respects as provided in the preceding section.
Approved February 13, 1SG5.
In force Feb. C, AX ACT entitled "An act to incorporate the Mercer Collegiate Institute."
1865. ' e
Section 1. Be it enacted by the People of the Sta'e of
Illinois, represented in the General Assembly, That there
Name and style, be and is hereby created and established, at Aledo, in the
county of Mercer, in this state, a collegiate institute, for the
instruction of youth in the various branches of learning, and
that the same shall be known by the name and style of the
"Mercer Collegiate Institute."
Powers. § 2. Be it further enacted. That Thomas ( landor, Ephraim
Gilmore, John Marquiss, William W. Williams, James
S. Thompson, Graham Lee, Henry Lee, JolmT. McGinnis,
Hopkins Boone, Thomas Likely, Hezekiah Hanson and
John S. Thompson, and their successors in office, are hereby
created a body politic and corporate, by the name and style
of the "Mercer Collegiate Institute," with full power and
authority to establish, control and regulate said institute, in
all respects, not inconsistent with the constitution and laws
of the United States or of this state : and shall have perpet-
ual existence ; shall have and maintain a corporate seal ;
shall have all the rights to sue, and may be sued, plead and
be impleaded ; may have, use, enjoy and hold to them, their
successors and assigns, any and all real estate, personal pro-
May hold real es- perty, choses in action, or moneys, which may he purchased
by them or which may in any other manner be hereafter
acquired ; and may sell, lease, rent or use the same, or any
part thereof, for the interests of said corporation, and for the
promotion of the objects thereof. The said trustees, and
their successors, may elect one of their number president,
and may appoint such other officers, teachers and professors,
officers and ^ith such compensation and under such rules as they may
teachers. , *, . . mi "
deem best for tne interests of said corporation. Ihev may
Meetings. have such meetings and make such rules and regulations
for the government of sai 1 institute and its property, as to
them may seem best, not inconsistent with the constitution
and laws of the United States or of this state.
vacancy. § 3. Whenever a vacancy occurs, by death, resignation,
removal, incapacity or refusal to act, in the said board of
trustees of said institute, as aforesaid, the remainder of said
trustees, or a majority of them, may, at any time, either at
ACADEMIES, COLLEGES, ETC. 11
a regular or special meeting, appoint, by ballot or otherwise,
a successor or successors of such member or members as may
become thus incapacitated ; and said trustees, or a majority
of them, in their discretion, may, at any time, increase or
diminish the number of trustees to any number, not below Number of trus-
five nor more than sixteen ; and, in all casej, a majority of tees-
said board shall constitute a quorum for the transaction of
bu iness, and a majority of those present, in all cases, shall
control.
§ 4. The property heretofore acquired and held by said Property may be
"Mercer Collegiate Institute," shall belong to, be held and
used and enjoyed by said institute, under this charter, and
may be sold and transferred, at the discretion of the trus-
tees thereof. And all acts done heretofore by the board of
trustees of said institute shall be held to be good and valid
and of the same force and effect as if said institute had been,
in all things, legally organized under the general law of
this state ; and all liabilities heretofore incurred by said Mer-
cer Collegiate Institute, and not discharged, shall be held to
be as binding as if the same had, in all things, been created
under this charter.
§ 5. Whenever the said trustees shall accept this char- certificate of ae-
ter, and organize under the same, they shall cause a certifi- ceptance-
cate of such acceptance, under the hand of the president of
said board, and secretary, to be filed in the recorder's office
of said county, and recorded.
§ 6. The said corporation shall have power to receive, Transfer of pro-
hold, use and dispose of [any] property, real or personal, or perty-
moneys orchosesin action, hereafter to be donated, for the
use and benefit of the said institute ; and all conveyances of
real estate made by said board shall be under the hand and
private seal (or corporate seal if there be one) of the presi-
dent and secretary, and acknowledged as other deeds are
acknowledged.
§ 7. Said board may, at pleasure, remove any of its offl- officers and rc-
cers and appoint substitutes or successors, either temporarily
or permanently, and said corporation, in addition to the
powers herein granted, shall, also, be entitled to and have
all the rights and immunities enjoyed by the Monmouth
college in virtue of section twelve, (12,) thirteen, (13,) four-
teen, fifteen and sixteen of the charter granted to said Mon-
mouth college, and approved February 16, 1857. And this
act shall take effect and be in force from and after its
passage.
Approved February 6, 1865.
12
ACADEMIES, COLLEGES, ETC.
In fore? F b. 15,
1805
AN ACT to incorporate the Forth Western College.
Rules
law
and by-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That C. Au-
*ame and style, genstein, K. Rohland, E. Musselman, C. Hummel, A. H.
Shreffier, C. A. Schnake, G. Harlaclier, II. Schelp, R.
Dabs, II. Lageschulte, Philip Miller, M. TV. Steffey, G. G.
Platz, John Fuchs, C Helwig, and A. A. Smith, and such
otli3r persons as shall be appointed to succeed them by each
of the following conferences of the "Evangelical Associa-
tion of North America," to wit : "Illinois," "Indiana,"
"Iowa," and " Wisconsin" conferences, be and they are
hereby created and constituted a body politic and corporate,
under the name and style of "Trustees of North West-
ern College ;" and by that name and style to remain and
have perpetual succession, unless otherwise enacted, as pro-
powers. vided hereinafter, with power to sue and be sued, to plead
and be impleaded, to acquire, hold and convey property,
real, personal or mixed, in all lawful ways ; to have, use
and alter at pleasure a common seal ; and to establish and
alter, from time to time, such constitution, rules, by-laws
and regulations, as they may deem necessary for the good
government of the institution under their control : Provided,
such constitution, rules, by-laws or regulations be not incon-
sistent with the constitution and laws of this state, or of the
United States, nor with the regulations of said denomina-
tion, for the proper government ot institutions of learning,
as contained in their church discipline.
§ 2. The above named corporators, or their immediate
successors, shall constitute the first board of trustees of said
institution, in trust for the said conferences, under this char-
ter, and shall hold their first meeting at Plainfield, Will
county, state of Illinois, on the first Tuesday of March, a. d.
1866, or on any such day, by a majority of them agreed
upon, subsequent to the passage of this act, and shall organ-
ize by choosing one of their number chairman, and another
secretary ; they may meet upon their own adjournment,
from day to day, and shall transact such business pertaining
to the institution, as they may deem proper, or as the inter-
ests of the institution may require.
§ 3. The number of trustees constituting said board
shall never exceed seventeen in number, seven of whom
shall constitute a quorum for the transaction of all the busi-
ness of the institution at any regular or special meeting duly
notified and assembled. Said members shall be appointed,
as follows : three ministers and one layman, by each of the
Term of office, aforesaid conferences, and shall hold office for the term of
three years, or until their successors be elected, except the
members of the first board, however, shall be elected by
their respective conferences as follows, viz : one for a term
Board of trus-
No. of trustees.
ACADEMIES, COLLEGES, ETC. 13
of one year, one for a term of two years, and two for a term
of three years. The president of the college shall, ex officio,
be one of the members of said board.
•i. Said trustees shall have power to erect the build-
Powers of trus-
tees.
ings necessary for the institution ; to obtain a title, in the
name of the corporation, to the lands on which the buildings
are to be erected ; to appoint a president, a vice president,
professors, and instructors and tutors, in accordance with
the directions given in the church discipline of the said
Evangelical Association of North America for founding and
managing high schools and institutions, as the wants of the
institution may require and the funds justify ; to fix the
salary of the president, professors, instructors and tutors, pay of officers,
and to remove or dismiss one or all of them, as they deem
the interests of the institution may require, and to appoint
others in their places ; to employ agents and servants, and
to dismiss them at pleasure ; to purchase books, maps,
charts, globes, furniture, chemical, philosophical, and such
other apparatus required in the business of instruction ; to
fix the price of tuition, room rent, and all other accommoda-
tions afforded to students : Provided, a majority of the prOYiso.
board must concur in the appointment or removal of
the president, professors and preceptress of the ladies' de-
partment.
§ 5. Said trustees shall appoint a treasurer, who shall Treasurer's bond
hold his office for the term of one year, from the time of
appointment. Said treasurer shall give a bond for the faith-
ful performance of his duty, in such a sum and upon such
conditions as said trustees shall direct ; and all forfeitures
upon said bond shall be collected in the name of said insti-
tution, for its use and benefit. Said treasurer shall, also,
keep suitable books, in which the names of all subscribers
and the amount by each subscribed shall be entered, as well
as all payments made upon such subscription ; he shall,
also, enter in suitable books the names of all persons who
hold or may hold a certificate of scholarship, specifying the
class of the scholarship, and shall enter to the account of
each holder or original owner of a scholarship, each term of
tuition granted on said scholarship, with the name of the
student attending the institution, on the scholarship. Said
treasurer shall also give receipts for all money paid him,
whether on subscription or scholarship, or for any other
money paid him for the purpose and use of the institution ;
he shall take receipts from all persons to whom he may pay
money, stating for what purpose the money has been paid.
Said treasurer shall, also, annually, or oftener, if required
by the trustees, report to them all matters in the line of his Treasurer's re-
duties, and shall exhibit his books for the inspection of the P°r
trustees or executive committee, whenever by them re-
quired.
§ 6. The institution incorporated under the general law Name and style.
ACADEMIES, COLLEGES, ETC
Executive
mittee.
First meeting of
executive com-
mittee.
and entitled "Plainfield College of the Evangelical Associa-
tion of North America," shall be named and styled hence-
forth by this act as "North Western College of the Evan-
gelical Association of North America ;" and all liabilities of
the institution, on the date of this act, in the name of the
general agent ,or trustees of Plainfield College, shall be met
by the treasurer of North Western College ; and all money
due the institution, whether by promissory note, scholar-
ship, or otherwise, in the name of the general agent or trus-
tees of Plainfield College, shall be payable to said treasurer
of North Western College.
§ 7. The board of trustees may have power to appoint, an-
nually, at their regular meetings, an executive committee,
who shall transact the business of the institution committed to
them by the trustees; they may, also, transact such other busi-
ness of minor importance as the interest of the institution may
require and the necessity of the case shall demand.
§ S. Said executive committee shall never consist of
more than five nor less than three, a majority of whom shall
constitute a quorum. The president or acting president of
the college shall, ex officio, be one of the members of said
committee. The president shall call the first meeting of
said committee, when they shall make such organization as
they may deem proper; they shall keep a record of their
transactions, and shall faithfully and prudently discharge
the business assigned them or may be brought before them,
from time to time, and shall, annually, or oftener as the
trustees may direct, make a full report of all their transac-
tions to the board of trustees.
§ 9. The president, professors, lady principal, and tutors,
shall constitute the faculty of North Western College, and
shall have power to adopt and enforce such laws, rules and
regulations as may be deemed expedient for the govern-
ment of the students ; and, in the exercise of discipline, to
suspend, reprimand or expel students who may behave im-
morally, or violate the laws, or whose habits are idle or
Proviso. vicious, or whose moral character is bad : Provided, such
rules and regulations shall not be inconsistent with the
laws of this state or the United States, and shall remain
in force until disapproved of by the trustees, at any of their
regular meetings, and no longer,
course of study. § 10. The faculty of said college, by the consent and ad-
vice of said trustees, shall have power, from time to time,
to ordain, regulate and establish the course and mode of
instruction and education to be pursued in said college, and,
with the consent of the trustees, to confer such degrees in
the liberal arts and sciences or such branches thereof to
students or others, whom, by their proficiency in learning
and other meritorious distinctions, they shall regard as en-
titled to them, in as liberal a manner as has been usual to
grant in universities and colleges, and to grant to such grad-
Report.
Faculty of.
ACADEMIES, COLLEGES, ETC. 15
nates diplomas and certificates, under their common seal, to
authenticate and perpetuate such graduation. They shall,
also, have power to prescribe and regulate a course of study
in said institution for females, and to grant them such cer-
tificates of scholarship or diplomas as is usual to grant in
the highest institutions of learning for females.
§ 11. The trustees shall have power to establish sepa- Female depart-
rate departments of any and all the learned and liberal
professions ; also a female and academical or preparatory
department.
§ 1l\ Said corporation may secure an endowment fund, Endowm't fund,
not exceeding one hundred thousand dollars, for the benefit
of the institution, by the sale of scholarships, limited or
perpetual, upon such terms as the corporation and the party
contracting for the scholarship shall agree; and the benefit scholarship,
of such scholarship shall inure to the holder thereof, or his
or her assigns, so long as the covenants therein agreed to by
the person or persons contracting for or lawfully owning
such scholarship shall continue to be faithfully performed,
and no longer, except at the option of the corporation : Pro- Proviso.
vided, that said capital fund shall not be expended to defray
the expenses of said institution ; but the trustees, through
their agents, shall have power to loan said fund and such
other money belonging to them, and take promissory notes
and other evidences of the money loaned, which may be
recovered in their corporate name, aforesaid, in all courts
and places whatever, where judicial proceedings are had.
§ 13. Said corporation shall have power to borrow Ma? borrow
^ x J- moncv.
money, in sums not exceeding one thousand dollars at any
one time, nor at a greater rate of interest than ten per
cent, per annum.
§ 14. The acts and proceedings of the trustees of the Acts legalized.
Plainfield College of the Evangelical Association of North
America, heretofore had under the general law authorizing
the incorporation of institutions of learning, be and the same
are hereby legalized ; and all bargains and contracts, either
of themselves or their agents and officers, and all subscrip-
tions obtained to the stock of said corporation, are hereby
confirmed and made as binding on all parties interested as
if said bargains, contracts, subscriptions and other acts had
bee:', made after the passage of this act. And the individu-
als designated in the first section of this act are hereby con-
stituted the successors to the board heretofore orgauized
under said general law, and are authorized and required to
take the full and entire management of all things pertaining
to the future maintenance and support of said institution.
§ 15. Said institution shall remain located at or near Location.
the town of Plainfield, Will county, state of Illinois, and
the corporators and their successors shall be competent in law
or equity to take to themselves, in their said corporate name,
real, personal or mixed estate, by gift, grant, bargain and
16 ACADEMIES, COLLEGES, ETC.
Powers of corpo- sale, conveyance, will, devise or bequest, of any person or
rators. persons whomsoever, and the same estate, whether real, per-
sonal or mixed, to grant, bargain, sell, convey, devise, let,
place out at interest, or otherwise dispose of the same, for
the use of said institution, in such manner as to them shall
proviso. seem most beneficial to said institution: Provided, never-
theless, that in case any donation, devise or bequest shall be
made for particular purposes, accordant with the design of
the institution, and the corporation shall accept the same,
every such donation, devise or bequest, shall be applied in
conformity with the express condition of the donor or de-
Further proviso. visor . prided, further, that the board of trustees shall
have power, at any time, to remove said college from the
town of Plainfield to such place as by them agreed, when-
ever two thirds of the votes of the members of each confer-
ence, aforesaid, or such conferences or conference as may
hereafter get [or] obtain control of said college, shall oider
it to be removed.
Extent of land. g i^ ga[<j corporation shall not be allowed to hold more
than one thousand acres of land at any one time, unless said
corporation shall have received the same by gift, grant or
devise ; and in such cases shall be required to sell or dispose
of the same within U-n years from the time they shall ac-
quire such title; and in failure to do so such laud, over and
above the beforenamed one thousand acres, shall revert to
the original donor, or their heirs, if the donor or heirs of
the same shall so demand.
institution to be g 17, Said institution, in all its departments, shall be
open to all denominations of christians, and the profession
of any religious faith shall not be required of those who be-
come students.
Annual meetings § 18. There shall be annual stated meetings of said
board of trustees, to be held at such time as they shall at
their first meeting, under the authority of this act, appoint;
but they shall have power, at any subsequent meeting, to
alter such day, as to them may seem expedient; and so on,
from time to time. The executive committee, the faculty or
any three members of the board of trustees may call a special
meeting of said board, by giving at least ten days' notice in
the church papers.
Quorum to act. § 19_ Should any of the aforesaid conferences, enjoying
the appointing power, fail, for three successive years, to
appoint its required number of trustees, or if the trustees
appointed by any of the aforesaid conferences shall absent
themselves for three successive annual meetings of the
board, duly appointed and assembled, the remaining trus-
tees, or a quorum of them, shall have power, by entry on
their minutes, to declare their seats vacant; and said confer-
ence shall forever be debarred of the privilege to appoint
trustees of said college, except at the option of the remaining
board.
ACADEMIES. COLLEGES, ETC. 17
§ 20. Should the corporation, at any time, act contrary ^Irt«-n °f
to the provisions of this charter, or fail to comply with the
same, upon complaint being made to the circuit court of the
county in which said college shall be located, a scire facias
shall be issued, and the circuit attorney shall prosecute in
behalf of the people of this state, for the forfeiture of this
charter.
§ 21. No misnomer of said corporation shall defeat or Proviso.
annul any gift, grant or devise to or for said corporation,
for the use and benefit of North Western College, or any
department thereof: Provided, the intents of the party or
parties making such gift shall be sufficiently manifest.
§ 22. This act shall be a public act, and shall be con-
strued liberally in all courts, for the purposes herein ex-
pressed, and shall be in force and take effect from and after
its passage.
Appi:uvi:D February 15, 1805.
AN ACT to incorporate Westfield College. In force Fob 15
1SG5.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That there seminary eatab-
be and hereby is created and established, at or near West- lished-
field, in Clark county, in this state, a collegiate seminary of
learning, for the instruction of youth in the various
branches of science, literature and the useful arts, and in
the learned and foreign languages.
§ 2. The said institution shall be called and known by Name ana style.
the name and style of "Westiield College."
§ 3. The said institution shall be under the exclusive Trustees.
control paid supervision of a board of trustees, to be an-
nually selected by "The Church of the United Brethren in
Christ," and of the conference thereof, known as the "Lower
Wabash Annual Conference," and of such other confer-
ences of said church as shall hereafter unite with the said
conference for that purpose. And in the event of any other
conference or conferences of Said church uniting with the
aforesaid conference, for the purpose of selecting trustees for
said institution, such conference or conferences, so uniting,
shall be entitled to select an equal number of the trustees :
Provided, however, that the said Lower Wabash Annual Proviso.
Conference may require, as a condition precedent to any
other conference of the said church, uniting with them, as
aforesaid, the donation of money or property, to whatever
amount they may designate, for the use and benefit of the
corporation hereby created.
13 ACADEMIES, COLLEGES, ETC.
Board or trus- g ^ Walton C. Smith. Alexander Helton, J. W. Nye,
J. F. Moore, David Ross,' Lemuel Mills, Hiram El well,
Edmund R. Connelly, Daniel Evinger, and J. II. Coons,
and their successors in office, to be selected as aforesaid, be
and they hereby are aboard of trustees for said institution ;
and by the name and style of "Westfield College," they
shall sue and be sued, plead and be impleaded, in all courts
and places whatsoever ; they shall have perpetual succession,
and may adopt a common seal, and may change the same
at pleasure.
Powers of trus- § 5. All property and effects of said institution, of what-
soever nature or kind, and from whatsover source derived,
shall be held and controlled by said trustees. And it shall
be competent for the corporation hereby created to receive
and own any and all property, money and effects, of any
nature or hind, which may be donated, bequeathed or de-
vised to it, in aid of the objects of such corporation, whether
Proviso. the same shall be conveyed by deed or otherwise: Pro-
vided, that in case any donation or bequest be made for
particular purposes, accordant with the objects of the insti-
tution, and the trustees shall accept the same, then any
such donation, devise or bequest shall be applied in con-
formity with the express condition upon which such dona-
tion, devise or bequest is made.
Puesers °f tlus" § ^' ^a^ trustees snall have full power and authority,
by the said name and style of ""Westfield College," to make
and perform all and all manner of contracts, which, in their
judgment, the welfare of said institution shall re-quire ; to
convey, by deed or mortgage, and to lease any real estate
belonging to said institution ; to make, ordain and establish
such regulations, rules and by-laws as they shall deem neces-
sary for the government of said institution : Provided, such
regulations, rules and by-laws are not inconsistent with the
constitution and laws of this state, or of the United States ; to
establish scholarships, limit the duration thereof, and issue
certificates therefor ; to elect and employ such president,
professors, instructors and tutors, for the benefit of said in-
stitution, as they may deem necessary ; to select and employ
a treasurer and secretary thereof, and to require the
officers and treasurer to execute bond, in such sum as they shall judge
bonds • - ~
sufficient, payable to said institution, and conditioned lor the
faithful performance of the duties of his office, and to do
all other business that may be necessary and appropriate,
to secure the permanency and i rosperity of said institu-
tion.
course of ?tudy. § 7. The president of said college, by and with the ad-
vice of the trustees, shall have power, from time to time, to
ordain, regulate and establish the course and mode of in-
struction and education to be pursued in said college, and,
together with such professors, instructors and tutors, as the
trustees may appoint, shall be entitled and styled "The
Proviso.
ACADEMIES, COLLEGES, ETC. 19
Faculty of "Westfield College," and shall have power to
adopt and enforce such rules as shall be thought advisable Bylaws-
for the government of the institution ; which rules shall be
in force until disapproved or annulled by the trustees and.
faculty.
§ 8. In all cases a majority of said trustees shall be
competent to transact any business pertaining to said insti-
tution, and the decision of the majority shall bind the
others.
§ 9. The said trustees shall have power to establish de- v£™£3 depart"
partments for the study of any and all the liberal profes-
sions ; to confer such degrees as are usually conferred in
similar colleges in the1 United States in the learned arts and
sciences ; and the said trustees may, also, establish in said
college a department for the education, free of charge, of
soldiers who have been disabled in the service of the United
States, in crushing the present rebellion, and of their chil-
dren ; receive donations, bequests and clevises therefor,
and, together with the president of said institution, prescribe
the course of stud}7 therein. They may also attach to said
college an academical or preparatory department, a female Female <Jepart-
department, and a common school department ; and when
such common school department shall be in operation,
agreeably to the common school laws of this state, the said
trustees shall be entitled to draw their proportion of the
township, school, college and seminary funds and the state
tax school fund, for such scholars as may attend the same :
Provided, such scholars reside in the district where the col- Proviso,
lege is located.
§ 10. The said trustees shall have power to meet at such Degrees,
times as they shall deem necessary, by themselves or com-
mittee, for the examination of any candidates for literary
degrees ; and they are hereby empowered, upon recom-
mendation of the faculty, to confer the same on such per-
sons as, in their opinion, shall merit the same, and to give
testimonials thereof, under their common seal.
§ 11. It shall be the duty of said trustees to hold an Annual n*«**
annual meeting, at such time and place as they shall appoint,
for the purpose of transacting all business pertaining to said
college ; and the president thereof may, whenever he shall
be of opinion that the interests of said college require it,
call special meetings of said trustees, for the transaction of
business pertaining to said institution.
' § V2. The property and effects of said corporation, not
exceeding in amount one hundred thousand dollars, shall
be free and exempt from state, county, township and muni-
cipal taxation.
§ 13. In all suits and prosecutions against said corpora-
tion, and in all cases in which judicial notice shall be re- "enK
quired to be given to, or served upon said corporation, the
writ, process, or notice shall be served by leaving a copy
20 ACADEMIES, COLLEGES, ETC.
thereof either with the president or secretary of said cor
poration.
property aud § 14. All subscriptions, donations, bequests and devises
heretofore made, in contemplation that the "Church of the
United Brethren in Christ in the Lower Wabash Confer-
ence" intend to erect a good and substantial first class semi-
nary building in the town of Westfield, Clark county, Illi-
nois, and payable to the board that may be appointed for
said building, or to their agent, shall be deemed, taken and
held to be payable to the corporation hereby created ; and
all such subscriptions, donations, bequests and devises shall
enure to and be collected, used and enjoyed by the said cor-
poration. And all suits and prosecutions now pending in
any court whatsoever, for the collection of such subscrip-
tions, donations, bequests or devises, by whomsoever insti-
tuted or prosecuted, shall be prosecuted to final termination
in the name of "Westfield College," without unnecessary
delay, and without any amendment of pleadings, writs, or
entries thereof.
contracts. § 15. All contracts of said corporation, which are by
the lav/ required to bo in writing, shall be signed by the
president and attested by the secretary thereof.
§ 10. This act shall be and hereby is declared a public
act, aud shall take effect and be in force from and after its
passage.
ApruovED February 15, 1865.
in force Feb. 14, AN ACT to amend an act entitled "An act to incorporate the Garrett Bibli-
1SU5- cal Institute," approved February 15, 1855.
Section 1. Be it enacted by the People of the State of
Illinois, represe?ited in the General Assembly, That the trus-
Degrees. tees of the "Garrett Biblical Institute," in addition to the
power of conferring the degree of Doctor of Divinity, shall,
also, have power to confer the degree of Bachelor of Divin-
ity on such persons as they may deem entitled thereto, on
the recommendation of the board of instruction of said in-
stitution.
Additional trus- § 2. The Eock River Annual Conference of the Metho-
dist Episcopal Church, may, at its next annual session, elect
an additional trustee of said corporation, who, and his suc-
cessors, shall hold their office for four years, respectively,
and until their successors shall be elected, and who shall be
residents of the county of Cook, and possess the same quali-
fications and be liable to the same forfeiture of said office as
trustees resident in the county of Cook, and elected under
said original act of incorporation ; and on and after the elec-
tee.
I
ACADEMIES, COLLEGES, ETC. 21
lion of said additional trustee, said incorporation shall con- No- of trusteea
sist of six trustees; four trustees, however, shall constitute
a quorum for doing business. Said Rock River Conference,
and in case of a division of said conference, then the con-
ference of said Methodist Episcopal Church, within whose
bounds said institution shall be located, shall elect the suc-
cessor and successors of said trustees.
§ 3. This act shall take effect from and after its passage,
and be a public act.
Approved February 14, 1S65.
AN ACT to incorporate the Augustana College and Seminary. 1° fl)rco, Fi '"' '
r ° ° ry lt>, i860.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Erland
Carlsson, Toovey N. Hasselquist, Carl Johan, P. Peterson, N me and style.
Ole Andrewson, Iver Lawson, John Amondson, Carl
Stromberg, John Field, and their successors in office, to be
elected as hereinafter provided, be and are hereby consti-
tuted a body corporate and politic, under the name and
style of the " Scandinavian Evangelical Lutheran Augustana
College and Seminary ;" and by that name and style shall
have perpetual succession, with power to sue and be sued,
implead and be impleaded ; and shall be capable in law of
taking and holding, by gift, grant, devise, or otherwise, and rowers.
of purchasing and holding, and conveying, both in law and
equity, any estate or interest therein, real, personal or
mixed ; and shall have power to execute and fulfill all such
trusts as may be confided to said corporation, and to take,
hold, use, manage, lease and dispose of all such trust property
that may in any manner come to said corporation, charged
with any trust or trusts in conformity therewith ; to have
and to use a common seal, and to alter the same at pleasure, seal.
§ 2. Said corporation shall have power to establish
and maintain, in or near the town of Paxton, Ford county,
Illinois, a college and theological seminary, under the
patronage and control of the Scandinavian Evangelical
Lutheran Augustana Synod in North America. And the power»,
persons hereinbefore mentioned as corporators shall consti-
tute the first board of trustees or directors. Their success-
ors shall also be chosen and the institution be governed by
the said Augustana Synod, as provided for by the constitu-
tion of the Scandinavian Evangelical Lutheran Augustana
Seminary, already enacted by said synod; which constitu-
tion the synod shall have power to amend or alter as the
needs and the development of the institution may require :
Provided, always, that such amendments or alterations or
22 ACADEMIES, COLLEGES, ETC.
by-laws, which the synod may enact, shall be made in con-
formity with the constitution of said synod and not incon-
sistent with the constitution and laws of the state of Illinois.
Term of office. § 3. It is also provided, that the trustees or directors
• shall, respectively, hold their offices until their successor.-}
are elected and qualified.
vacancy, how § 4:. In case of vacancy in the board of trustees or
directors, by death or otherwise, between the meetings of
synod, the said board may, by ballot, fill such vacancy, by
the election of a person or persons of the Lutheran church;
and such person or persons, so elected, shall hold their office
until the next meeting of the Augustana Synod, when such
vacancy shall be filled by synod.
§ 5. In case any of the trustees or directors should, at
any time, cease to be members of the Evangelical Lutheran
church, they shall, from thenceforth, cease to be such
trustees, and their place may be filled in the manner speci-
fied in section four.
Dega-aes. § 6. The. board of trustees or directors shall have power,
also, to confer the usual degrees of Doctor of Divinity,
Master of Arts, and Bachelor of Arts, on such person or
persons as they may deem entitled thereto, on the recom-
mendation of the faculty.
5 7. The doctrines taught in the seminary department
1) 0 C t . 1" 1 1163 •> ^ v x
of said institution shall conform to and be in harmony with
the doctrines held and maintained by the Augustana synod
as defined in art. 2 of the constitution of said synod, in the
following words, to-wit: "As a christian body in general,
and particularly as Evangelical Lutheran, this synod ac-
1inactifceaUhand knowledges that the holy scriptures, the revealed word of
God, are the only sufficient and infallible rule and standard
of faith and practice, and also retain and confess not only
the three oldest symbols (the Apostolic, the Nicene, and the
Athanasian), but also the unaltered Augsburg confession, as
a short and correct summary of the principal christian doc-
trines, understood as developed and explained in the other
symbolical books of the Lutheran church." Any deviation
by the professors and teachers from this doctrinal standard
shall be deemed a sufficient cause to be dealt with as pre-
scribed in art. 6 of the constituion of the seminary, adopted
at the synodical meeting, in Clinton, Wisconsin, June
5-llth, 18G0.
§ 8. The property of said corporation, both real and
personal, not exceeding in value fifty thousand dollars, shall
forever be and remain free from taxation.
§ 9. This act to take effect and be in force from and
after its passage, and to be deemed a public act.
Approved February 16, 1865.
ACADEMIES, COLLEGES, ETC. 23
AN ACT to incorporate the Grand Prairie Seminary and Commercial College. In force Feb. 10,
] $65.
Section 1. Be it enacted by the Icople of the State of
Illinois, repreiented in the General Assembly, That there be
and hereby is created and established, at Onarga, in the
county of Iroquois, in this state, an institution for the in-
struction of youth, in the various branches of literature and
science, the useful arts, music, and the learned and foreign
languages.
%2. That P. T. Ehodes, Charles II. Wood, Winslow
"Woods, Ransom B. Pangborn, Samuel Harper, J. D.
Bennett, Dr. John W. Hinkley, William G. Riggs, T. 13.
Hall, C. D. Chapman, I. J. Crack, W. G. McDowell, David
McWilliams, Dr. Stewart, Thomas Yennum, Frederick Name ana style.
Felker, John W. Flowers, Elijah Bunnell, and such other
persons as are or may be hereafter associated with them,
and their successors, are hereby constituted a body politic
and corporate, by the name and style of " The Grand
Prairie Seminary and Commercial College;" and by that
name shall have perpetual succession, with power to sue and
be sued, plead and be impleaded; to make, have and use a powerg.
common seal, and to alter or change the same at pleasure;
and shall have power to purchase, receive, and hold, to them
and their successors, forever, all lands, tenements, rents,
goods and chattels, of what kind soever, which may be
purchased by or may be devised or given to them, for the
use of said institution ; and to lease, sell, rent, or otherwise
dispose of the same, in such manner as shall seem most
conducive to the interest of said institution ; to elect and
employ a president of the institution, who shall be, ex-qfficio, omcei'3-
a member of the board of trustees ; and employ such pro-
fessors and instructors, for the benefit of the institution, as
they may deem necessary ; to select and employ a treasurer ;
to fill vacancies occurring in the board ; to make and alter
by-laws for the government of the corporation, its officers vacancies.
and agents ; and to do all the business that may be neces-
sary and appropriate to secure the permanency and pros-
perity of the institution. And a majority of the trustees
shall constitute a quorum for doing business. At the annual Quorum,
meeting and all other meetings six shall constitute a quorum.
§ 3. The persons named in the second section of this
act shall constitute the first board of trustees, and shall be 1st trustees.
divided, by lot, into three classes; the time of service of
the first class shall expire at the end of the collegiate year
a. d. 1865-6, and that of the second class at the end of
the first collegiate year, and that of the third class at the
end of the second collegiate year thereafter.
§ 4. There shall be elected, at the end of the collegiate
year a. d. 1865-6, by the stockholders of said corporation, Election of tms-
six trustees, and the same number annually thereafter, to tees-
take the place of those who go out of office : Provided,
I.\- ■
tees.
24- ACADEMIES, COLLEGES, ETC.
that a majority of the trustees shall be at all times members
of the Methodist Episcopal Church ; and at all elections for
trustees every person shall be entitled to one vote for every
twenty-live dollars he has paid into the stock of said cor-
poration.
Board of visit- § 5. There shall be a board of five visitors, to be ap-
pointed by the annual conference of the Methodist
Episcopal Church, within the bounds of which said institu-
tion is located, who shall, jointly, with the board of trustees,
appoint the officers and teachers, and arrange the course of
instruction in said institution, and determine the general
manner of conducting the school.
Power or u-us- § 6. The trustees, or a majority of them, shall have
power to meet at such times as they shall deem necessary,
by themselves or committee, for the examination of any
candidates for literary degrees ; and they are hereby em-
powered, upon recommendation of the faculty, to confer
the same on such persons as, in their opinion, shall merit
the same, and to give testimonials thereof; and such
diplomas shall be signed by the president of the institution
and by the president and secretary of the board of trustees,
and shall have affixed thereto the seal of the corporation.
§ 7. The corporation may issue certificates of scholar-
ship, limited or perpetual, upon such terms and under such
conditions as they may determine ; they may, likewise, re-
ceive, invest and control funds, for the endowment of
professorships and prize scholarships in said institution.
Expulsion of § 8. The said institution, in all its departments, shall be
open to all persons of such age and qualifications as shall
be prescribed by the by-laws and rules of said corporation ;
and the profession of any particular religious faith shall not
be required of those who shall apply to become students.
All persons, however, may be suspended or expelled from
said institution whose habits are idle or vicious or whose
moral character is bad.
§ 9. The property, real and personal, of said college,
shall be exempt from any taxation or assessments, for state,
county, township, road, city, or school purposes, while
owned and occupied by the college for college or school
purposes.
Acts legalized. § 10- The acts and proceedings of the trustees of the
Grand Prairie Seminary, heretofore had under the general
law authorizing the incorporation of institutions of learning,
be and the same are hereby legalized, and the individuals
designated in the second section of this act are hereby con-
stituted the successors of the board heretofore organized
under said general law, and are authorized and required. to
take the full and entire management of all things pertaining
to the future maintenance and support of said institution.
§ 11. This act is hereby declared to be a public act, and
shall be admitted as evidence in all proceedings, judicial or
Scholarship.
ACADEMIES, COLLEGES, ETC.
otherwise, without being specially pleaded, and shall take
effect from and after its passage.
Approved February 16, 1865.
25
AN ACT to amend an act to incorporate the Henry Female Seminary. In force Feb. 16,
1 1S65.
Sectiox 1. Be it enacted by the People of the State of
Illinois, represented in [the] General Assembly, That D. "W.
Danly, George W. Battles, John C. McCurdy, O. W. Coo-
ley, and Benjamin S. Elctridge, be and are hereby incorpo-
rated with the persons named in the first section of an act
to incorporate the Henry Female Seminary, approved Feb-
ruary 16, 1857; and also, that section first is farther amended Act amended,
by inserting the words " support and " between the words
"perpetual fund for the" and "tuition," so as to read,
"board of trustees of perpetual fund for the support and
tuition of indigent youth in Henry Female Seminary."
§ 2. That section two (2) of said act be amended by second section
annexing the words, " and also to aid, by grant of board
and tuition, the children of deceased and disabled volunteer
soldiers and marines of the state of Illinois."
§ 3. That section five of said act be amended by prefix- section five
ing the words " out-lot number five, (5,) of the city of amended-
Henry, Marshall county, and state of Illinois, and."
§ 4. This act shall take effect from and after its pas-
sage.
Approved February 16, IS 65.
AN ACT to incorporate the Mount Zion Male and Female Seminary. in force Feb. 16
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Alexan-
der W. Bell, Samuel K. Smith, Ptobert T. Marlew, John
Scott and John C. Smith, and their successors in office, are
hereby constituted a body politic and corporate, under the
name and style of " The Mount Zion Male and Female Name and styie.
Seminary," to be located at Mount Zion, in the county of
Macon, and state of Illinois ; and by that name and style
to remain, and have perpetual succession, with power to sue
and be suid, to plead and be impleaded, and be capable in
law of taking and holding, by gift, grant, devise, or otherwise,
of purchasing, holding and conveying, both inlaw and equity,
any estate, real, personal, or mixed, and of collecting any
and all sums which have been or may be subscribed for the
—3
Powers.
26
ACADEMIES, COLLEGES, ETC.
Under what con-
trol.
Term of office.
Object of corpo^
ration.
Organization
board.
of
Bonds of officers.
Stated meetings.
benefit of said seminary, and of securing the transfer of all
or any of the stock from the stockholders, or any of them,
of the Mount Zion academy ; and to have and use a com-
mon seal, and alter the same at pleasure ; to make and alter
such by-laws or rules, as they may deem necessary for the
government of said seminary, its board of trustees, officers,
teachers, agent or agents; and shall appoint or dismiss its
teachers, agent or agents, fix their compensation, prescribe
and regulate the course of studies, fix the tuition fees, and
do what they may deem necessary for the benefit of said
seminary, as are not inconsistent with the laws and consti-
tution of' this state or the United States.
§ 2. The said seminary shall be under the control and
patronage of the Decatur Presbytery of the Cumberland
Presbyterian Church, or such presbytery as may hereafter
include said seminary. The term of office of the trustee
first named herein shall terminate in one year; the second
in two years; the third in three years; the fourth in four
years ; the fifth in five years, from the next stated session
of the said presbytery ; and as the terms of the said trus-
tees shall severally expire, the said presbytery shall appoint
the trustees, whose term of office shall be five years, and
until their successors shall be appointed by the said presby-
tery. Said trustees shall have power to fill any vacancy or
vacancies that may occur during the intervals of said session
of said presbytery ; and the term of office of such trustee,
so appointed, shall expire at the time of the first stated ses-
sion of said presbytery thereafter.
§ 3. The object of said corporation shall be the promo-
tion of education ; and the said seminary shall be and remain
at or near Mount Zion, in the county of Macon, and state
of Illinois.
§ 4. The said trustees shall, within three months from
the passage of this act, meet for the organization of their
board, by the election, from their number, of a president,
secretary and treasurer, who shall hold their respective
offices for one year, and until their successors shall be elected
and qualified.
§ 5. The treasurer always, and any other officer or agent
of the corporation when required by the trustees, shall give
bonds for the security of the corporation, in such penalty
and such security as the trustees shall approve.
§ 6. The trustees shall hold stated meetings on the
second Saturdays of March and September in each and every
year, and such other special meetings as the board may-
deem necessary. A failure to hold such stated meetings
shall not' work a forfeiture of this charter or a dissolution
of the corporation; but the said presbytery shall have
power to remove such trustee or trustees as shall willfully
neglect to attend such stated meetings, or shall be guilty of
any gross immorality, or any other gross neglect of duty.
ACADEMIES, COLLEGES, ETC. 27
§ 7. Any donation, devise, or bequest, made for special Donatlon9-
purposes, in accordance with the objects of this institution,
if the trustees shall accept the same, shall be faithfully and
truly applied in conformity with the expressed wishes of the
donor or devisor ; the lands, tenements and hereditaments
to be held in perpetuity, by virtue of this act, shall not ex-
ceed six hundred and forty acres: Provided, however, that Proviso-
grants, donations or devises in lands, which from time to
time may be made to said corporation, may be held for the
term of ten years from the date of such grant, donation, or
devise, at the end of which time the said lands, over and
above the aforementioned six hundred and forty acres, shall
be sold by the corporation ; and in case of neglect to sell,
the laid lands shall revert to the grantor, donor, or devisor,
or to the lawful heirs of the same.
§ 8. The buildings and adjacent grounds, the books, ap-
paratus, and other property used by said seminary, shall be
exempt from taxation.
§ 9. In all the different departments of the institution, opentoaiu
the said seminary shall be open to all denominations ; and
the profession of any religious faith shall not be required in
order to admission.
§ 10. The trustees may provide for conferring academi- Degrees.
cal, collegiate or honorary degrees similar to those conferred
by seminaries and institutions of like character, and grant-
ing certificates and diplomas under their common seal.
§ 11. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN" ACT to incorporate St. Joseph's Female Seminary, of Cairo. In force Feb. 16,
1866.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Bishop of Alton, and all the sisters of the order of Loretto curators,
residing or to reside in the city of Cairo, are hereby consti-
tuted a body politic and corporate, with all the corporate
powers necessary to carry out the objects of this act, under
the name and style of " The Curators of St. Joseph's Female
Seminary, of Cairo ; " and the object of this corporation is
to establish and maintain a female seminary in the city of
Cairo, in the state of Illinois. The corporation hereby cre-
ated may adopt and use a common seal, and alter and change
the same at pleasure ; and may sue and be sued in any and
all the courts of this state.
§ 2. On the first Monday in March, a.d. 1865, and Trustees eieoted.
every three years thereafter, the said curators, in person or
28 ACADEMIES, COLLEGES, ETC.
by proxy, shall elect five trustees, who shall hold their ofiices
for three years, and until their successors are elected; and,
together with the Bishop of Alton and the Mother Superior
of the order in Cairo, shall constitute the board of trustees
of St. Joseph's Female Seminary of Cairo.
PreBident of § 3. The Bishop of Alton shall be, ex officio, president
of said board of trustees,
vice-president of § 1. The Mother Superior appointed according to the
board. rules of the order of the sisters of Loretto, shall be princi-
pal of said female seminary, and, ex officio, vice-president of
the said board of trustees. And the said board may elect
from their number a secretary and treasurer, who shall hold
their offices for three years ; and in the event of the deatli
of any member of said board, the remaining members may
fill the vacancy ; and four members of the board, with the
president, shall constitute a quorum.
By-iaws. § 5. The said board may establish all by-laws, not incon-
sistent with the constitution of the United States or of this
state, which they may deem necessary for the internal man-
agement of the affairs of said board, and for the government
of said seminary.
§ 6. And the corporation hereby created may receive
any gift, conveyance, devise or bequest of all property, real
and personal, and may make any contract, buy, sell and.
convey the same, in this, their corporate capacity ; and the
said corporate body and their successors shall continue to
possess the property so bought, received, or otherwise ac-
quired by the present or future trustees, in their corporate
capacity, for the benefit, maintenance and support of said
seminary.
§ T. This act to take effect and be in lorce from and
after its passage.
Approved February 16, 1865.
Powers.
In force Feb. 16, AN ACT to incorporate the Southern Illinois Seminary.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General. Assembly, That Wesley
Keynolds, John S. Whittenburgh, L. Win. Fern, William
Brill, William Barnwell, L. L. Lawrence, II. L. Lambert,
Henry Coleman, and W. F. Yancleve, be and are hereby
constituted a body politic and corporate, under the name and
style and name, style of the " Trustees of Southern Illinois Seminary," and
by that name shall have perpetual succession, and a common
seal, and. as such, shall be authorized to exercise all powers
and privileges that are enjoyed by the trustees of any semi-
nary or institution of learning in this state, not herein limi-
ted or otherwise restricted.
ACADEMIES, COLLEGES, ETC. 29
§ 2. That said trustees, or a majority of them, shall hold Erstmeeting.
their first stated meeting at the town of Reynoldsbourgh, on
the first Saturday in May, I860, or as soon thereafter as
may be convenient; and they, or a majority of them, shall,
as soon as they think proper, fix upon a permanent location
for said seminary, at or within one half mile of the said town
of Reynoldsboiough, and proceed to erect a building- or build- Eulldinss-
ings thereon, as soon as convenient and the interest of said
institution may require.
§ 3. The stock of said company shall consist of shares stock of Co.
of ten dollars each, to be subscribed for in the manner that
the trustees shall direct, and which shall be deemed personal
property, and shall be transferable on the books of said in-
corporation, in such manner as the board of trustees may
prescribe : Provided, that the capital stock shall not exceed
twenty-five thousand dollars.
§ 4. The said trustees, or their successors, by the name Trustees' powers
of the "Trustees of the Southern Illinois Seminary," shall
be capable in law to purchase, receive and hold, to them-
selves and successors, for the use and benefit of said insti-
tution, any land or tenements, not exceeding three hundred
and twenty acres of land, rents, goods and chattels, of what
kind soever, which shall be given or devised to or purchased
by them, for the use of said seminary: Provided, that the Proviso,
same shall not exceed twenty-five thousand dollars ; and the
said trustees, by their name aforesaid, may sue and be sued,
plead and be impleaded, in any court of law or equity, in
this state.
§ 5. A majority of the trustees shall be a sufficient num- Quorum.
ber to constitute a board for the transaction of all business
for said seminary.
§ 6. The trustees shall elect a president, secretar}7 and officer?,
treasurer to their own body, but the treasurer shall not be
one of the trustees ; they shall also have power to elect a
principal, and such other inferior tutors as may be necessary ;
and, upon the death, resignation or legal disability of any
of the trustees, president or other officer of said institution,
the board of trustees shall supply the vacancy by ballot.
§ 7. The treasurer of said institution, before entering Treasurer's bond
upon the duties of his office, shall give bond, for the security
of the incorporation, in such penal sum and with such secu-
rities as the board of trustees shall approve ; which bond
shall run in the name of the trustees of said institution, in
their corporate capacity, for the use of said institution.
§ 8. The officers of said institution shall be subject to
the direction of the board of trustees, and shall continue in
office for such term of time as may be fixed by the by-laws. Term of office.
The president of the board of trustees shall have power to
call special meetings of said trustees, and it shall be his duty, special meetings
upon the request of three of them, to do the same, giving
ten days' notice thereof.
30 ACADEMIES, COLLEGES, ETC.
§ 9. The trustees of the incorporation shall have autho-
rity, from time to time, to prescribe and regulate the course
studies. of studies to be pursued in said institution ; to fix the rate
of tuition, room rent, and other expenses connected there-
with; to appoint instructors, and such other officers and
agents as shall or may be needed in managing the concerns
of said institution ; to define their powers, duties and em-
ployments ; to fix their compensation ; to displace or re-
Officers may be move either of the instructors, officers and agents ; to erect
the necessary buildings ; to purchase books, chemical, astro-
nomical, philosophical and mathematical apparatus, and
other suitable means for instruction ; to make rules for the
general management of the institution and the regulation
and conduct of the students, and to add, as the ability of
said corporation shall increase and the interest of commu-
nity shall require, additional departments for the study of
any or all of the liberal professions. Females, as well as
males, may be taught in said institution ; and a department,
Female dep't. expressly for the education of females, may be attached
thereto, whenever the trustees, in their discretion, may di-
rect ; and the said trustees may, also, attach to said institu-
tution a department for such branches as are taught in com-
mon schools ; and when such departments shall be in opera-
tion, in conformity with the school laws of this state, the
trustees shall be entitled to draw their proportion of the
school fund. school fund, for such scholars as may attend the same, be-
longing to the township where said seminary may be lo-
cated.
§ 10. The trustees of said institution shall be accounta-
ble, at all times, for their conduct, in the management of
the business aforesaid, to the general assembly of the state.
§ 11. Professors, tutors or instructors, in said seminary,
shall, in no event, belong to the board of trustees.
open to an. § 12. In its different departments the said seminary
shall be open to all applicants, and the profession of any
particular religious faith shall not be required as a condition
of admission ; but students who are idle, or vicious, or of
immoral character, may be suspended or expelled.
§ 13. All property, either real or personal, devised or
bequeathed, given, granted or conveyed to the incorpora-
tion, shall be obliged [applied] to the objects expressed in
the devise, bequest, grant or conveyance, when accepted by
the trustees.
Elections. § 1-1. In all elections for trustees, or other purposes, the
stockholders shall be entitled to one vote for every share of
the stock of said corporation he may hold ; but in no case
shall any one stockholder give more than fifty votes.
§ 15. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
ACADEMIES, COLLEGES, ETC. 31
AN ACT to incorporate the Evangelical Lutheran Teachers' Seminary, of In f°>'ce April IS,
the German Evangelical Lutheran Synod of Missouri, Ohio and other 865-
states.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Carl
F. "W. Walther, Frederick Buenger, Henry Wunder and
Frederick Krage, and their successors, are hereby created a
body politic and corporate, by the name of " The Trustees Name.
of the Evangelical Lutheran Teachers' Seminary," and by
said name shall have perpetual succession, with power to powers,
sue and be sued, to plead and be impleaded, to take and hold
real estate and other property, by purchase, gift, grant, de-
vise, or otherwise, to lease, convey and dispose of the same,
for effecting and furthering the purposes and objects of said
institution.
§ 2. The corporation hereby created may have and use, seal,
and change at pleasure, a common sea], and may make and
ordain, for the government of the seminary herein men-
tioned, and for the government of the officers of said cor-
poration, such constitution and by-laws as they may deem By-iaws.
necessary : Provided, such constitution and by-laws be not
inconsistent with the constitution and laws of the. state of
Illinois and of the United States.
§ 3. The said trustees may elect one of their number Election of ofli-
chairman, and also elect or appoint a secretary and treasurer
from their number ; but the said treasurer shall be elected
or appointed by the trustees herein named, and by their suc-
cessors, from the county of DuPage ; and the said chairman,
secretary and treasurer shall perforin the usual duties of
such officers, and such duties as may be defined and provided
for in the constitution and by-laws adopted by said trustees
or their successors.
§ 4. The trustees herein named, or their successors, shall Location.
have power to select a location in any county in this state,
where the seminary herein mentioned shall be built ; and
when such selection is made, the said trustees, or a majority
of them, shall make and execute a certificate, stating the certificate of io-
particular locality selected, and shall cause such certificate cation-
to be placed upon the records in the recorder's office of the
county where the premises selected are located ; and when
such selection is made, and said certificate recorded as afore-
said, the place of business of said corporation shall be at such
place, and not elsewhere, and said trustees shall have power
to build the seminary herein contemplated, and all other
necessary buildings to carry out the objects of said institu-
tion, as said trustees shall deem proper and necessary.
§ 5. The president and professors, and all other instruc- officers elected.
tors in said seminary, shall be elected and chosen by the said
trustees, or their successors, by and under the direction of
the Evangelical Lutheran Synod aforesaid ; and said insti-
o2 ACADEMIES, COLLEGES, ETC.
tution shall be subject to the inspection and visitation of said
synod at all times.
Annual election. § 0. The election of trustees shall be annual, at such
time and place as shall be provided by the constitution and
by-laws of the corporation hereby created.
Approved February 16, 1865.
In force Feb. 16,
1S65.
AN ACT to incorporate the Washington Seminary.
Whereas the Olney female high school has been in suc-
cessful operation for three years, and has demonstrated
tiie importance and necessity of a female seminary of the
highest grade, and the ability and inclination of the country
to sustain such an institution ; and, whereas, the seminary
building erected in Rich view, Washington county, Illinois,
with nearly twenty acres of land, surrounding the build-
ings, has been purchased and secured for the accommoda-
tion and benefit of said school ; and, whereas, said school
is now in operation in said seminary building, with six
teachers, and an attendance, in the three departments, of
more than two hundred pupils ; therefore, for the purpose
of firmly establishing and permanently maintaining and
making this a female seminary of high order, with ample
provision for giving thorough instruction in the primary,
intermediate and classical departments of study : also, a
full course of music and the ornamental branches, and
whatever else may be necessary to a finished female edu-
cation,
Section 1. Be it enacted by the Peojyle of the State of
Illinois, represented in the General Assembly, That Richard
G. Williams, David Smith, Anna Williams, Jennie K.
Bethel, Isaac Bethel, David Bethel, Henry Fesler, James
M. Williams, Edward C. Dorr, Alan K. Williams, Borrant
Adams, Alfred Kitchell, George T. Hoke, Griffin Wilgus,
William M. Phillips, William Cunningham, Isaac F. Wal-
ker, William S. Marrell, James Logan, Alexander P. Ships-
ley, Jackson Livisey, Famton P. Sewell, William II. Burns,
Hugh Adams, Isaac Miller, Livesay Carter, Simeon Walker,
sr., Alexander C. Todd, Daniel R. Spencer, Harvey B. Lu-
cas, John AV. Yost, and their successors in office, be and are
hereby created a body politic and corporate, under the name
and style of " Washington Seminary," and by this name
and style to remain, and have perpetual succession, with
power to sue and be sued, contract and be contracted with,
plead and be impleaded ; to hold all kind of property, real,
personal and mixed, which they may acquire by gift, grant,
purchase, donation, devise or otherwise, necessary to accom-
ACADEMIES, COLLEGES, ETC. 33
plish the object of the incorporation, and the same to dispose
of, convey or incumber at pleasure, in which case all con-
veyances shall be signed and acknowledged by the president
of said incorporation ; to have aud use a common seal, and
alter the same at pleasure ; to make and alter such by-laws,
for the government of said incorporation, its officers and
agents, not inconsistent with the constitution and laws of
this state ; and shall have and may exercise all the powers,
rights and privileges which may be necessary for the pur-
poses mentioned in this act.
§ 2. The objects contemplated by this act are, to build object.
up and maintain, in the town of Richview, a literary insti-
tution, of high order, for females, as specified in the preamble.
§ 3. The persons named in the first section, and their Trustees,
successors, shall be the trustees of said institution, a quorum Quorum,
of whom, met at any time, shall have power to transact
business, improve and erect buildings ; to appoint a presi- officers,
dent, professors and teachers ; to confer snch academical or Degrees,
literary degrees as are usually conferred by similar institu-
tions in the United States. •
§ 4. The president, together with the professors, teach- Faculty.
ers or tutors, shall be styled, ''The Faculty of "Washington
Seminary," and, upon their recommendation, a candidate
for literary degrees shall be examined by the trustees; and
if such person, in their judgment, merits the same, the degree
may be conferred and testimonials thereof given under the
common seal.
§ 5. The trustees aforesaid may cause to be opened capital stoot.
books of subscription to the capital stock of said incorpora-
tion, and may fix the whole amount of the capital stock ;
and may fix and limit the amount of each share and the
number of shares ; may issue bonds and certificates of stock,
secured by mortgage, bearing such a rate of interest and
having such a time to mature as the trustees shall decide.
All shares [or] certificates of stock shall be deemed personal
property, and may be made transferable by an action of the
trustees ; and, if deemed expedient, the trustees may issue
and dispose of scholarships on such terms and conditions as
may be agreed upon between them and the person or per-
sons receiving the same. The subscription already taken
and the certificates given by the principal of the seminary
shall be deemed legal.
§ 6. The number of trustees may be increased to the Number trustees
number of thirty-five or reduced to three ; any two of whom, t
with the president, shall constitute a quorum, with full
power to transact business; and the action of said quorum
shall be deemed the action of the trustees, when signed by
the president ; and no action of the trustees is legal and
binding, after they have elected a president under this act,
or by-laws to be made, until signed by the president of
the seminary. And, until said president is elected, any five Quorum.
34 ACADEMIES, COLLEGES, ETC.
of the trustees, with the principal of the seminary, shall be
deemed a quorum, with full and legal powers.
Resignations. § 7. If the number of trustees be increased, the person
or persons thus added to the board of trustees is by this act
elected and becomes a member of the body corporate. If
any trustee resigns, or if, by an act of the trustees, the num-
ber of trustees be lessened, such person or persons, ceasing
to be a trustee, does, also, by this act, cease to be a member
of the body corporate.
Additional pow- g 8. Be it enacted : In addition to the power conferred,
the trustees shall have power to establish an academy for
males ; to receive donations and bequests of money and
property for the founding and maintenance of the same ; to
provide for the management of the said academy either di-
rectly, by the trustees of the said seminary, or by a board of
directors, to be appointed by the trustees of the said semi-
nary, to whom the said trustees may delegate the necessary
powers.
Music depan'nt. § 9. The trustees shall have power to establish an acad-
emy of music, with all the powers and privileges granted in
section eight (8).
Mercantile dep't. g 10. The trustees sliall also have the power to establish
a mercantile department or mercantile college, with the
same privileges granted in section eight (8).
§ 11. All property, of whatever kind and description,
belonging to said seminary or owned by said corporation, or
held in trust, by any person or persons, for the use thereof,
whether said property be held in fee or for a limited time,
shall be free from taxation for any or all purposes ; the
amount of property so exempt not to exceed twenty-live
thousand dollars.
§ 12. This act shall be deemed to be a public act, and
shall be in full force from and after its passage.
Approved February 16, 1865.
In force AprillS, AN ACT to incorporate the Quincy Independent German School Association.
1S65.
Body politico
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Louis
13udde, Aclolph Klurner, George Mayer, Frederick Harry,
Charles Bojschker, Bimhold Waldin, August Earnhardt,
Francis Drude, and all such persons as are or may hereafter
become stockholders, agreeable to the provisions of this act,
in the corporation hereby created, shall be and continue to
be a body corporate and politic, under the name of "The
Quincy Independent German School Association/' and by
that name shall have succession forever, for the purpose of
ACADEMIES, COLLEGES, ETC. 35
establishing and maintaining, in the city of Quincy, an insti-
tution for the education of children.
§ 2. The corporation hereby created shall have power, Powers,
by their corporate name, to contract, to sue and be sued, to
acquire, receive and hold, by purchase or otherwise, proper-
ty, real, personal and mixed, and to use, manage and employ
or sell and dispose of all such property or money > belonging
to said incorporation, in such manner as to them shall seem
proper for the promotion of the objects and interest of said
corporation: and to make and establish such rules and by-
laws for the management of said institution and corporation
as they may deem proper, not inconsistent with the laws of
this state or the United States.
§ 3. The officers of said corporation shall be a president, officers.
a vice-president, a treasurer, a secretary, and five directors,
who shall be annually elected, at a meeting of the stock-
holders of this corporation, by a majority of such stockhold-
ers present and voting at such meeting ; and the officers
shall be chosen at such a place and time, and in such a
manner, as may be decided by a majority of said stockhold-
ers, and shall hold their trusts and offices for the term of Term of office,
one year, commencing and ending at such a time as may be
fixed by a majority of the stockholders of said corporation ;
and a majority of the stockholders may, at a general meet-
ing of such stockholders, fill vacancies and supersede any
officer for neglect of duty and gross abuse of the functions of
his office.
§ 1. The number of shares of the stock shall be limited capital stock,
to four thousand, of five dollars each ; and the payment of
the sum of five dollars to the treasurer of this corporation,
and the subscribing of the person's name to the constitution
and by-laws of this corporation, shall entitle any person to
become a stockholder of this corporation. Such stockholder
shall have an equal voice in all the affairs of this corporation,
except in matters relating to the property of said corporation ;
and on questions relating to the property of the said corpor-
ation, every stockholder shall be entitled to one vote for
every share of stock owned by him.
§ 5. The land, lots, buildings, library and furniture of
said corporation is hereby and the same shall be forever
exempt from taxation for state, county, town and city cor-
poration purposes : Provided, the property does not exceed
in value the sum of twenty thousand dollars.
Approved February 16, 1865.
ACADEMIES, COLLEGES, ETC.
Io force Feb. 16,
1865.
AN ACT to incorporate the Peoria German School Association.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
style and name. J^in se, Henry Baier, Louis Green, Frederick Brendel,
Frederick Schwab, Herman Peterson, Adam Lucas, Adolph
L. Mathies, Theobald Pfeiffer, Valentin Gradinger, Ernst
Yioland, Frederick Bachman, Joseph Studer, and their as-
sociates and successors, are hereby created a body politic and
corporate, by the name and style of " The Peoria German
School Association," and by that name and style shall have
powers. perpetual succession ; have right lo contract and be con-
tracted with ; to sue and be sued, plead and be impleaded ;
to have and to use a common sea! ; to acquire, take and hold
real and personal property, by purchase, grant, devise or
otherwise; to dispose of and convey the same; to borrow
money and give mortgages on their property for the purpose
of erecting a school house or school houses, and of carrying
on their schools, but for no other purpose; to make and es-
tablish by-laws, and alter or repeal the same; and to have
and to exercise all other powers and privileges necessary to
carr}T out t.he purposes of this act.
§ 2. The object of the association shall be the establish-
ment, maintenance and promotion of a German school or
schools in the city of Peoria, in the county of Peoria.
§ 3. No religious test shall ever be required in said asso-
ciation of any member, teacher or scholar.
§ 4. The association may elect, from its members, a board
of directors, in such number and manner and at such time and
place, and for such a length of time, as may be provided by
the constitution and by-laws ; and may fill vacancies in such
manner as shall be specified in the constitution and by-laws.
In case an election of said board shall not be made on the
day designated, it shall be lawful to hold such election on
offioers. some other day. The members of this board of directors
shall, from their own number, elect a president, a secretary
and a treasurer, and the persons so elected shall also be
president, secretary and treasurer of the association. The
powers and duties of said board of directors shall be such as
the constitution or by-laws of said association provide.
By-iaws. § 5. rpiie articles of the said Peoria German School Asso-
ciation, and the by-laws, rules and regulations of said asso-
ciations heretofore formed, not inconsistent with this act,
shall be and remain the rules, regulations, articles and by-
Jaws of the corporation hereby created, until repealed or
changed by said association ; and all the property, rights and
credits of said association shall be and are hereby vested in
Powers. the corporation hereby created, with full power in said cor-
poration to maintain actions for the recovery of any such
rights and credits, if necessary, whether the same have
Object.
Directors.
ACADEMIES, COLLEGES, ETC. 37
accrued to said association by voluntary subscription or
otherwise.
§ 6. This association shall not be dissolved by vote of Dissolution,
its members so long as twelve members vote for a continu-
ance of the association.
§ 7. The property, both real and personal, of said asso-
ciation shall be exempt from taxation : Provided, the value
of said property shall not be over one hundred thousand
dollars.
§ 8. This act to be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Chicago Industrial School Society. In force Feb. 16,
n J 1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Jona-
than Burr, John V. Farwell, William Blair, William E. First board.
Daggett, J. Y. Scammon, Charles G. Wicker, Eli Bates,
Philo Carpenter, J. L. Reynolds and E. F. Dickinson be
and they are hereby constituted a body corporate and politic,
by the name of "The Chicago Industrial School Associa-
tion.'" -They are also hereby declared to be the first board
of trustees of said society, with power, by election, to per-
petuate the said society, at such periods and in such manner
as to them shall seem best calculated to promote the object
of the society, and to draw in and attach to it the cooperation
and support of other associates under any plan of operation
which they or their successors may adopt, in conformity
with the laws of this state. They and their successors shall Powers,
forever enjoy and exercise all the usual powers necessary to
render the organization effectual, including the power to
purchase, receive, acquire in any way, and hold, occupy and
improve such real estate as may be requisite for the accom-
modation of their schools, and to be and remain forever free
from any taxation whatsoever, and the same to sell and con-
vey, in case it may become expedient.
§ 2. The object of said society is hereby declared to be, object.
to unite the persons above named, with such funds and
moneys as they may, from time to time, be willing to con-
tribute, and to solicit and obtain from other sources volun-
tary contributions thereto, to be expended, under the direc-
tion of the trustees of said society, in founding, maintaining
and conducting, in the city of Chicago, industrial schools for
the children of parents who neglect, for any cause, the pro-
per training and education of their offspring. The said Poor children,
society is to be conducted without any sectarian bearing,
and to seek out and admit to its advantages all the neglected,
38 ACADEMIES, COLLEGES, ETC.
poor and orphan children of the cit}r, without respect to any
denominational connection; and such children to relieve,
clothe, hel^, educate and train to habits of industry, sobriety
and good morals, in the hope of making them useful mem-
bers of the great body politic and an honor to their benevo-
lent friends and patrons, so far as the means obtained shall
allow.
officers. § 3. The trustees are hereby authorized to elect and ap-
point, from their own number, such officers as they may
deem proper for the orderly conduct of the business of the
society, and to employ, from time to time, such agents and
servants as may be needed for the efficiency and usefulness
Powers trustees, of the same. The by-laws, rules and regulations of the so-
ciety, and all details of and concerning the mode and oper-
ations of the society, in accomplishing its charitable and
benevolent purposes, are left to the discretion of the board
of trustees and their successors, subject, to the general laws
of the state.
§ -i. This act shall be deemed a public act, and shall take
effect immediately after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to incorporate the Baptist Theological Union, located at Chicago.
iM'>r>.
Section i. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
Name and style. N. Holden, Nathaniel Colver, Justin A. Smith, Kichard S.
Thomas, William W. Everts, Thomas S. Dickerson, Sewell
M. Osgood, Luther Stone, James 13. Olcott, Levi D. Boone,
Joel W. Fish, Isaac Butterfield, Judson R. Osgood, Edward
G-. Taylor and William Powell, and their successors, are
hereby constituted a body politic and corporate, by the name
and style of "The Baptist Theological Union, located at Chi-
cago ;" and by that name and style they and their success-
ors shall be known in law, and have perpetual succession,
and be capable of suing and being sued, pleading and being
rowers. impleaded, contracting and being contracted with ; of having
and using a common seal, and altering and renewing the
same at pleasure ; of taking, holding, selling and conveying
real and personal estate ; and of doing whatever may be ne-
cessarv or proper to carry out the object of this act ; and
generally, shall have and possess all the powers incident to
a corporation, at common law.
§ 2. The object of this act of incorporation shall be the
founding, endowment, support and direction of an institu-
tion for "theological instruction, to be styled "The Chicago
Baptist Theological Institute."
Object.
ACADEMIES, COLLEGES, ETC. 39
§ 3. There shall be at least fifteen trustees of said corpo- First board.
ration. The corporators above named are hereby appointed
trustees until others are elected. The first election of trus-
tees shall be held as soon after the passage of this act as may
be convenient ; the time and place of holding the same to be
fixed and notice thereof given by a majority of the aforesaid
corporators; which notice may be by publication in the
Christian Times, of Chicago, Illinois. A certificate signed
by a majority of said corporators, shall be complete evidence
of the regular election of trustees, at the first election as
herein provided for. No person shall be a trustee who is Quiiincation of
not a member of a regular Baptist church. When the first
election of trustees shall have been completed, they shall be
divided, by lot, into three classes, numbered first, second and
third. The first class shall hold their office for the term of Termof °mce-
one year, the second for the term of two years, and the third
for the term of three years; and each class shall continue to
hold until their successors are elected. The trustees elected af-
ter the first election shall hold their office for the term of three
years, and until their successors are elected. There shall be Annual election.
an annual election of trustees, after the first election, at such
time and place as the bylaws may prescribe. "When a vacan-
cy shall occur in the office of trustee, by death, resignation,
removal from office, or otherwise, the same shall lie filled by
ballot, by the board; and the person thus appointed shall Tenn of office.
hold the office until the next annual election, when a trustee
shall be elected to fill such vacancy, who shall hold the
office for the unexpired term. The by-laws may declare
what acts or omissions of duty by trustees shall vacate their
office.
§ 4. Not less than five trustees, at any regular meeting, Quorum,
shall constitute a quorum for the transaction of business ;
and the by-laws may provide what number shall constitute
a quorum at special meetings. There shall be one annual
meeting of the board, and such other regular and special
meetings as the by-laws may provide for ; all which meet-
ings shall be held in Chicago.
§ 5. Any person may become a member of said "Union," initiatory fee.
and be entitled to vote at the first election and subsequent
annual elections of trustees, by paying an initiation fee of
one dollar, (and a life member by paying thirty dollars,) and
signing his name on the books of the board of trustees; and
such membership and right to vote shall continue for such
length of time and under such restrictions and conditions as
may be prescribed in the by-laws.
§ 6. The board of trustees shall have power to choose its officers.
own president, (who shall be chosen by ballot, from its own
members,) and other officers and agents, and prescribe their
duties ; and to make such ordinances and by-laws, from time
to time, as it shall deem necessary or proper : Provided,
they shall be made at regular meetings, and shall not be in-
40 ACADEMIES, COLLEGES, ETC.
consistent with this act or the constitution of this state or the
United States. The board is charged with the superintend-
ence and government of the institute, and shall have power
to select a president, and, in its discretion, a vice-president
thereof, and all necessary professors, tutors and other in-
structors, and to prescribe the duties and fix the salaries ol
each, and to fix the rates of tuition and terms of admission
To hold proper- to the institute. The board may acquire, by gift, purchase,
ty- grant, devise or other conveyance, any real or personal pro-
perty, and lease, mortgage, sell, convey and otherwise dis-
pose of any property belonging to said corporation, in such
manner as it may deem best, and as may be prescribed in
Coursesof study, the by-laws ; and may prescribe the courses of study ; and
shall maintain discipline in the institute. The board may
appoint, of its own members, an executive committee, of not
less than three, and prescribe, in the by-laws, its duties, and
may confer on said committee all the powers of the board,
in the intervals of its sessions; and may grant to students
diplomas and honorary testimonials and confer degrees of
divinity on them or others.
§ 7. The property, real and personal, belonging to said
corporation, at any and all times hereafter, shall be free and
exempt from all taxation and assessments, special or general,
for any and all purposes whatever.
Acts declared § 8- All the acts and proceedings of a society incorpora-
vaiid. £ec[ anc| organized by virtue of and under an act of the gen-
eral assemby of the state of Illinois, entitled "An act for the
incorporation of benevolent, educational, literary, musical,
scientific and missionary societies, including societies formed
for mutual improvement, or for the promotion of the arts,"
approved in February, a. d. 1S5D, by the name of "The
Baptist Theological Union, located at Chicago," as will more
fully appear by the certificate containing the articles of asso-
ciation, bearing date the thirteenth day of August, a. d.
1863, which was made to constitute said society a corpora-
tion, duplicates of which are tiled in the office of secretary
of state of said state, and in the office of the recorder of Cook
county, Illinois, and a copy of which is entered on the re-
cords of said society, (the trustees of which society are the
above named corporators,) are hereby declared and made
legal and valid ; and the said corporation, created by this
act, shall succeed to all the rights and obligations of said so-
ciety ; and all mone}7s or property acquired by or held to the
use of said society, and all subscriptions to said society, for
endowment of professorships or for any other purpose; and
all books and papers, belonging or pertaining to said society,
shall, immediately upon the acceptance by said corporators,
of this act, become the property and subject to the control of
the said corporation hereby created, to be held and used by
it in carrying out the provisions of this act; and all contracts
and promises made with or to the said society, or its agents,
ACADEMIES, COLLEGES, ETC. 41
shall inure to the benefit of said corporation hereby created
and shall be as binding and effectual as if made with the
same : Provided, that all persons who have become mem-
bers of said society shall be deemed to be members of said
Theological Union, under this act, with the right to vote in
the election of trustees, and shall be entitled to all the rights
and subject to all the liabilities, restrictions, conditions and
provisions of this act and the by-laws made under it, the
same as the members of said "Union" who shall hereafter
become members under this act; but if, in any respect, the
provisions ot the certificate first above mentioned are in con-
flict with this act the same are hereby amended so as to con-
form to this act.
§ 9. This act shall take effect and be in force from and
after its passage, and shall be deemed a public act, and be
so noticed and considered by all courts and in all judicial
T^roceedinffs, and shall be construed liberally it favor of said
corporation, and so as. to advance its object.
Appkoved February 10, 18G5.
ANT ACT to incorporate Kankakee University. In force Feb. 16,
1 • 1S65.
Section 1. Be it enacted, by the People of the State of
Illinois, represented in the General Assembly, That George
H. Andrews, John H. Smith, John P. Gamble, L. B.
Lamb, E. B. Warriner, C. A. Lake, M. B. Loomis, George
W. Dodge, Alonzo Heuling, C. H. Woods, John Higbee,
T. P. Bonrield, S. F. Stinson, George Gay, G. P. Comstock,
and their associates and successors in office, are hereby con-
stituted a body corporate and politic, by the name of "Kan- Name.
kakee University." The object of this incorporation being object,
the promotion of general and professional education, the
application of science to the purposes of agriculture and
manufactures, and the cultivation of the fine arts. The said
corporation shall have perpetual succession, with power to powers,
contract and be contracted with, sue and be sued, plead and
be impleaded, to acquire, hold and convey real and personal
property ; to have and use a common seal, and alter the
same at pleasure ; to make and establish by-laws for the By-iaws.
government of the same, or any of its departments, officers
or employees, not in conflict with the constitution or laws
of this state or of the United States, and to alter or repeal
the same, as they may deem necessary for the better gov-
ernment of the same. The persons herein named are
hereby appointed trustees of the said corporation, and shall
possess all the powers usual and incident to trustees of cor-
porations.
— 5
42 ACADEMIES, COLLEGES, ETC.
§ 2. The said trustees, on the call of any three of their
number, issued in writing, to each of the others, shall meet
for organization and the transaction of business, within
ninety days of the passage of this act of incorporation.
officers. -piie officers shall be a president, secretary, and a treasurer
who shall not be a member of said board, and who shall
Treasurer's bond give bonds in such sum as the said board of trustees shall
determine, for the faithful performance of his duties. At
their first meeting, the said board shall determine, by lot,
so that one-third of their number shall hold their term of
Termor office, office for two years, one-third for four years, and one-third
for six years. On the expiration of the term of office of
either class, a new election shall be had to fill their places,
and the election shall be by ballot. Vacancies occurring
from any other cause, shall be filled by ballot, at the next
regular meeting of the said board, and the members thus
elected, shall belong to the class in which the vacancies
occur. If any member shall fail to attend any two succes-
sive annual meetings of the board, his place shall be declared
vacant, and be filled by a new election. Any member of
the board whose term of office has expired may be reelec-
Annuai meetings ted> The board shall meet, annually, at or near the univer-
sity, on a day which shall be previously designated, and
special meetings may be called by the president and secre-
tary, with any three other members of the said board. At
Quorum. all meetings of the board, eleven shall constitute a quorum.
The board of corporators shall, at their first meeting, elect
fifteen other persons to constitute, with themselves, and the
president of the university, who shall always be a member
of said board by virtue of his office, the full board of trus-
tees numbering thirty-one.
Board of regents § 3. In addition to the board of trustees, there shall be
a board of regents of the university, to consist of the gover-
nor of the state of Illinois, the lieutenant governor, the
secretary of state, the speaker of the house of representa-
tives, the superintendent of public instruction, the judges of
the United States court for the northern and southern dis-
tricts of Illinois, and of the supreme court of the state of
Illinois, and of the circuit court of Kankakee county, by
virtue of their offices, and of fifteen other persons to be
appointed by the board of trustees, one-third of whom shall
go out of office annually, and their places be filled by the
said board of trustees.
§ 4. The officers of the board of regents shall be a chan-
cellor and vice chancellor, and a secretary. The governor of
the state of Illinois shall be, ex officio, chancellor, and the
lieutenant governor vice chancellor of the university ; and
in case of the absence of both the chancellor and vice chancel-
lor from any regular meeting of the regents, the meeting
Secretary. ma.Y appoint a president, pro tempore, and they shall elect
their own secretary and establish such ordinances and by-
ACADEMIES, COLLEGES, eTC. 43
laws as they may deem necessary for the government of
their proceedings. The board shall meet, annually, and the
chancellor may, at his discretion, call special meetings, special meetings.
eleven members at any meeting being necessary to consti-
tute a quorum.
§ 5. The board of regents, by itself or its committees,
shall, annually, visit the several departments of the univer-
sity, and examine into the courses of study, methods of
instruction pursued therein, the manner in which the several
trusts connected with the university are fulfilled, and into
the general condition and progress -ef the same, and shall
report the results of such examination to the board of trus-
tees, with such advice and counsel respecting all matters
pertaining thereto, as they may deem important; they shall
.also report to the legislature any violation of this charter, or Keport.
any other matter which they may deem worthy of the atten-
tion of that body, or on which that body shall demand
information respecting the management of any of the offi-
cers of the university. At the time of the official visits of
the regents, the books, records and papers belonging to the
university, shall be freely opened to their inspection, and
all persons connected with it shall be subject to their call
for information or testimony in relation to the subjects of
their official investigation, and in the discharge of their
respective trusts; the regents and the trustees shall both
have power to send for persons and papers, and to require Powers of boards
the verification of testimony, under oath, to be administered
by the presiding officer for the time being.
§ 6. All gitts, grants, bequests, or devises, made to the Gifts and grants,
university for specific purposes, shall be applied accordingly,
nor shall they ever be diverted to any other purpose ; and
every gift, grant, bequest, or devise, made for the general
benefit of the said university, shall be construed liberally in
the courts, according to the expressed or evident intention
of the grantor, devisor, or donor.
§ 7. The said university ma}7 grant to students in either Diplomas,
of its departments, diplomas, or honorary testimonials, and
may confer such literary honors, degrees and diplomas, as
are usually conferred by any university, college or seminary
of learning in the United States, and thesatne shall entitle
the possessors to the immunities and privileges allowed by
usage or statute to the possessors of like diplomas from any
universit}7, college, or seminary in this state.
§ 8. The board of trustees shall elect a president, pro- Officers,
lessors, tutors and instructors, with such other officers as
the interests of the university may require, fix their respect-
ive salaries, and prescribe their duties ; and they shall fix
rates of tuition and the terms of admission to either of the
departments : Provided, that otherwise than that the ma- Proviso,
jority of the trustees and the president of the university,
shall, forever, be of the same religious denomination as the
44 ACADEMIES, COLLEGES, ETC.
majority of this corporation; no religious test or particular
religious profession shall ever be held as a requisite for
admission to any department of the said university, or for
election to any professorship or other place of honor or
emolument in the same; but it shall be open alike to per-
sons of any religious faith or profession. The board of
trustees may use, sell, lease or otherwise dispose of any and
Property. all property belonging to the said university, in such man-
ner as they may deem most conducive to its interests:
Provided, that real estate shall not be sold without the con-
sent of a majority of all the trustees ; they may appoint an
executive committee of their own number, of not less than
five members, to be charged with the interests of said uni-
versity during the intervals of the sessions of the board,
Duties of oom- and may prescribe the duties of such committee, and dele-
gate to it all or any portion of the powers of said board of
trustees.
§ 9. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 16, 1865.
mittee.
ISgr^ " ' AN ACT to incorporate Lincoln University.
Preamble. ^Yiieeeas, it is represented to the general assembly of the
state of Illinois, that the Indiana Synod of the state of
Indiana, the Iowa Synod of the state of Iowa, the Cen-
tral Illinois Synod, the Illinois Synod, and the Sangamon
Synod of the state of Illinois of the church known and
styled as *'The Cumberland Presbyterian Church of the
United States," desire to locate, found and endow, at
Lincoln, in the county of Logan, and state of Illinois, an
institution of learning, to be known and called " Lincoln
University," for the promotion of general and professional
education and theological instruction, therefore ;
Section 1 . Be it enacted by the People of the State of
Illinois, rejwesented in the General Assembly, That the
Rev. Elim McCord, of the state of Indiana, and Robert B.
Latham, and John Howser, of the state of Illinois, persons
chosen by the Indiana Synod of the state of Indiana, Rev.
David Lowry, of the state of Iowa, George W. Edgar, and
James F. D. Elliott, of the state of Illinois, persons chosen
by the Iowa Synod, of the state of Iowa ; Rev. James B.
Logan, Abner C. Boyd and James Cocldington, of the state
of Illinois, persons chosen by the Central Illinois Synod ;
Rev. J. M. Miller, Rev. Joseph E. Roach, and John Wyatt,
of the state of Illinois, persons chosen b}T the Illinois Synod;
George H. Campbell, John S. Metcalf and Abram May field,
ACADEMIES, COLLEGES, ETC. 45
of the state of Illinois, persons chosen by the Sangamon
Synod of the state of Illinois; and their successors in office,
be and are hereby created a body politic and corporate, by
the name and style of "The Trustees ot Lincoln Univer- Name and style,
sity," and by that name and style to remain and have per-
petual succession.
§ 2. The present board of trustees of said university, Term of office,
as created by this act, shall be divided into three equal clas-
ses, the term of office of the first class to expire at the first
annual meeting, to be held after the passage of this act, of
the respective synods by which said trustees were chosen as
hereinbefore mentioned ; that of the second class, at the
second annual meeting of said synods; that of the third
class at the third annual meeting of said synods, or until
their respective successors are appointed. The above named
Elim McCord, David Lovvry, James Coddington, John
Wyatt, and George II. Campbell, are hereby declared to be
of the first class; Hubert B. Latham, James F. D. Elliott, First class.
James B. Logan, Joseph E. Roach, and John S. Metcalf,
are hereby declared to be of the second class, and the Secon<1 cla?s-
remainder of said trustees are hereby declared to be of the
third and last class. Third class.
§ 3. The appointment of successors to the above named successors.
trustees is hereby vested in the said several synods, and
each synod shall have an equal number of trustees, not
exceeding three, who shall hold their offices for three years
or until their successurs shall be appointed. Vacancies by
death, removal or resignation, may be tilled by the said
trustees: Provided, howtvei , that the appointee or appoin-
tees of the said trustees, shall hold his or their office only
until the first annual meeting thereafter of the synod in
which such vacancy or vacancies may have occurred, at
which time said synod shall have the power to till the
vacancy fur the unexpired portion of said term. Vacancies vacancies,
occurring in the present board of trustees from like causes,
may be tilled in like manner: Provided, however, that the
persons appointed to fill any such vacancy or vacancies,
shall hold their offices only during the terms hereinbefore
limited to the said several classes of said trustees, or until
their successors are appointed. All the trustees appointed
by the Sangamon Synod, or the synod within whose terri-
tory said university may be located, and not less than one
of the trustees appointed by each of the other synods, shall
reside at Lincoln.
§ 4. The board of trustees shall meet, annually, at or in Annual meeting.
the vicinity of the university, on a day which it shall pre-
viously designate, and special meetings may be held from
time to time, according to such by-laws and ordinances as
they may, at any annual meeting, adopt and prescribe. If
any trustee shall fail to attend the said annual meeting of
the board of trustees for two years in succession, his office
46 ACADEMIES, COLLEGES, ETC.
\aoCanMed and Bliall be declared vacant, and may be filled as hereinbefore
prescribed. A majority of the members of the said board
of trustees shall have power at any regular or called meet-
ing, to remove any one of their number for criminal or
dishonorable conduct, or for any other cause, which, in their
judgment, shall be prejudicial to the interests or welfare of
said institution.
Rules- § 5. The board of trustees shall have power to make all
rules and regulations which may be necessary and proper
for the transaction of its business, and to appoint according
to said rules a president and vice president, who shall be of
officers. its own members, and a secretary and treasurer, and other
officers and agents, at its discretion, who may be of its own
members, or otherwise, rs they may deem proper, the times
and tenures of whose offices, respectively, the duties belong-
ing, and the pecuniary compensation attached to each,
respectively, shall be prescribed by the by-laws and ordi-
nances of said corporation, and until a permanent organiza-
tion of said board shall be effected by the election of said
officers. George II. Campbell is hereby declared to be the
president of said board of trustees, with power to appoint a
secretary; and it shall be the duty of the said president, (or
in case of his death, it shall be the duty of the secretary
appointed by him), within four (4) months after the passage
Meeting of the of this act, to call a meeting of the said board of trustees,
by notice, in writing, or otherwise, to each of said trustees,
at some time and place to be designated in said notice,
(such notice to be given at least twenty days before the time
appointed for such meeting), for the purpose of effecting a
permanent organization under this charter, and the transac-
tion of any other necessary business.
Powers. g(5. A majority of the trustees of said university, at any
meeting, shall have power, as in their judgment the funds
and property of said university may, from time to time,
allow, to establish schools of every grade and description,
together with a college and seminary, and departments
devoted to instruction in theology, law and medfeine, general
or particular sciences, literature or the arts; to prescribe
course of study, and regulate the course of studies to be pursued in said
university, and in each and all the departments thereof; to
tix the rate of tuition, room rent and other necessary expen-
ses ; to appoint a faculty, consisting of a president and
other instructors, professors, tutors and teachers of every
grade, and the officers of the board of trustees and such
officers— agents, other officers and agents as may be needed in the manage-
ment of the concerns of the university; to define their
powers, duties and employments ; to fix their compensation,
contract for and pay the same; to displace or remove either
or any of said instructors, officers or agents, or all of them,
as a majority of said trustees shall deem the interests of said
university to require; to fill all vacancies among said
ACADEMIES, COLLEGES, ETC. 47
instructors, officers and agents ; to purchase books, chemi-
cal and philosophical apparatus, and other suitable means
and appliances to facilitate instruction, including the estab-
lishment of an astronomical observatory, with all suitable
and convenient apparatus; to put in operation, if deemed
advisable, a system of manual labor, or gymnastic, or other
exercises, for the purpose of promoting the health of the
students and lessening the expenses of education ; to make
rules for the general management of the affairs of said
university, and for the regulation of the conduct of its stu-
dents, and to confer on such persons as may be deemed
deserving, such academical and honorary degrees as are Degrees,
usual and customary in any other colleges or universities in
this state or elsewhere : Provided, however, that five (5)
members of the board shall constitute a quorum for the
transaction of any business, the power to do which is not in
this charter specifically limited to a majority of said board.
§ 7. Said trustees shall have a common seal, to be by Seal-
them altered at pleasure ; they may sue and be sued, plead
and be impleaded, in their corporate name and capacity,
and thereby shall have power to purchase, receive and hold Poweis-
to them and their successors forever, any lands, tenements,
rents, goods, chattels, stocks or moneys, and property of any
kind whatsoever, which may be purchased by, devised, given
or bequeathed to them, or for the use of said university or
any of the departments thereof, and a majority of them
concurring, they shall have power to invest and loan all
moneys and funds, and by bargain, sale, conveyance, lease, Loan money,
or otherwise, to manage, sell and dispose of any and all
lands, tenements, stocks, rents, moneys, goods and chattels,
legacies, bequests and estates, and property of any descrip-
tion whatsoever, of which they shall be legally seized and
possessed for the sole use of said university, at such times
and in such manner and on such terms as to them may seem
best adapted to promote the objects of their incorporation :
Provided, however, that no gift, grant or devise made to the Pr0Tis°-
said trustees, or to the university, for a particular purpose,
shall be applied to any other purpose. Every gift, grant or
devise made with the intent of benefitting said university,
shall be construed liberally in the courts according to the
intent of the grantor, donor, or devisor, and no misnomer
of the said corporation shall annul, defeat, or in anywise
impair any gift, grant or devise of any kind to or for the
benefit of said corporation, if it shall sufficiently appear
upon the face of the gift, grant, will, or other writing, that
it was intended thereby to pass to said corporation, or for
its use, or for the use of said university, any estate or inter-
est whatever.
§ 8. Before any trustee shall enter on the execution of oath of trustee,
his office, he shall subscribe in a book to be kept for that pur-
pose, the following engagement : " In the presence of God,
48
ACADEMIES, COLLEGES, ETC.
I do solemnly promise that I will faithfully execute the
office of a trustee of " Lincoln University," under the act
to incorporate the trustees thereof, and such other acts as
may have been or may hereafter be passed amendatory
thereto, so long as I continue in this office."
§ 9. All property, [ of ] whatever kind and description,
belonging or appertaining to the corporate body created by
this act, shall be and forever remain free and exempt from
taxation for any and all purposes whatever.
Open to an. § 10. Equal privileges of admission and instruction, with
all the advantages of the institution in all its departments,
shall be allowed to students of every denomination of chris-
tians, both male and female, subject to such reasonable regu-
lations as the board of trustees may adopt.
§ 11. Each of the synods mentioned in this charter may,
at their annual meetings, or at any other meeting, appoint
one and not more than two persons, and said persons shall
visitors. constitute a board of visitors, whose duty it shall be to visit
said institution annually, at such time as they may see proper,
and to examine into the courses of study and methods of
instruction pursued therein, and the manner in which the
several trusts connected with the university are fulfilled, and
into its general condition and progress; to advise and counsel
with the boar J of trustees and the professors and officers of
said institution respecting all such matters pertaining thereto
as they may deem important, and to report the results
of their examination to the several synods, with such sug-
gestions as they may deem proper. At the time of any offi-
Books to be free, cial visitation by the said board of visitors, all the books,
records and papers belonging to the university, shall be
freely opened to their inspection, and all persons connected
with it shall be subject to their call for information or testi-
mony in relation to the subjects of their official investiga-
tion.
other synods § 12. Anv synod of the church known and designated
may unite. ' •' •' • T
as "The Cumberland Presbyterian Church of the United
States," which may hereafter be erected within or created
out of the territory embraced within the five (5) synods
mentioned in this charter, or any other synod of the same
church within the bounds of the United States, any of
whose constituent members shall have contributed to the
fund for the erection of said university, its maintenance or
endowment, or may desire to do so, shall have the privilege
of becoming united in the government aud management ot
said university with the other synods mentioned in this
charter, by official notification of its desire to the other
synods connected with said university, and may thereupon
elect the same number of trustees of said university as the
other synods at that time may be entitled to have, and the
trustees that may be elected by said new synods, shall have
the same powers, privileges and succession in every respect
ACADEMIES, COLLEGES, ETC. 49
as the trustees selected by said original synods : Provided*
however* that the number of trustees of said university shall
never exceed thirty (30.)
§ 13. This act shall be deemed and taken to be a public
act, and shall be in force from and after the date of its passage.
Approved February 6, 18G5.
AN ACT to amend an act entitled "An act to incorporate the Lind Univer- In force Feb. 16,
sity," approved February 13, 1857. 1865"
Section 1 . Be it enacted by the People of the State of
Illinois* represented in the General Assembly* That the name
and style of Lind University, created by the act mentioned Name and style.
in the title to. this act, be, and the same is hereby changed
to " Lake Forest University,'-' by which name it shall here-
after be known.
§ 2. The present board of trustees of said Lind univer- Trustee?,
sity shall be, and the same are hereby constituted and con-
tinued as the trustees of Lake Forest University, and by said
name and style are hereby created a body corporate and
politic, and by said name shall remain and have perpetual
succession.
§ 3. The number of trustees of said university, instead Number of tru«-
of twenty, as heretofore, shall be not less than sixteen, but
may be increased to twenty-five, including the president for
the time being of the institution, who shall be a trustee, ex
officio. Trustees may be elected residing in Illinois, or in
any adjoining state, without reference to their business or
professional employment. Vacancies in the board of trus- vacancies,
tees, accruing at any period between the annual meetings,
may be filled at any time, provided that two weeks' previous
notice, in writing, of such vacancy and intended election,
shall be given by the secretary to each member of the board,
and the person or persons voted for shall have been nomi-
nated for such election at a meeting of the board at least two
weeks prior to such election. The number of trustees shall Four classes trus-
be divided by lot into four equal classes ; the term of office tees'
of the first class to be two years, that of the second class
four years, that of the third class six years, and that of the
fourth class eight years. They shall elect their own succes-
sors in perpetuity, and the same person or persons shall be
re-eligible as trustees, in the discretion of the board. Ya- vacancies,
cancies, by death, removal without and beyond the state of
Illinois, or states adjacent thereto, or by resignation, shall be
filled for the unexpired portion only of the term in each
case it is intended to supply, but the election and appoint-
ment of all subsequent trustees of the first board, before
—6
50
ACADEMIES, COLLEGES, ETC.
Seal.
Proviso.
taking effect in full, shall be subject to the ratification, con-
sent and approval of the synod of Peoria, connected with
the denomination known as the Constitutional Presbyterian
Church of the United States of America, commonly called
" new school," its ecclesiastical or legal successor, within
whose bounds the university is located.
§ 4. Said trustees shall have a common seal, to be by
them altered at pleasure ; they may sue and be sued, plead
and be impleaded, in their corporate capacity and name, and
Bow property, thereby shall have power to purchase, receive and hold, to
them and their successors forever, any lands, tenements,
rents, goods, chattels, and property of any kind whatsoever,
which may be purchased by, or may be devised, given or
bequeathed to them, or for the use of said university, or any
department thereof, and to sell, convey, lease, rent, or other-
wise use or dispose of the same, at such time, in such man-
ner, and on such terms as to them may seem best adapted
to promote the objects of their incorporation ; they may also
m:;ke, adopt, and from time to time alter, any such consti-
tution, rules, regulations and by-laws as their convenience
may require, and are not inconsistent with the constitution
and laws of the United States and of this state.
§ 5. All the institutions provided for in this act shall be
located and built on the lands of said institution, at Lake
Forest, or upon such as may hereafter be acquired in the
same vicinity : Provided, however, the theological, medical
and law department, in case any such shall be established,
may be located at or near the city of Chicago, by the vote
of two-thirds of all the members of the board of trustees.
§ 6. The object of said institution shall be to promote
the general interests of education, and to qualify its students
to engage in the learned professions, or other employments
of society, and to discharge honorably and usefully the vari-
ous duties of life.
§ 7. The trustees of said institution shall have power to
establish, as their judgment and the exigencies of society
may at any time require, and as their funds and property may
from time to time allow, schools of every description and
grade, together with a college and seminary, or departments
devoted to instruction in theology, law, medicine, general or
particular sciences, and literature or the arts.
§ 8. Equal privileges of admission and instruction, with
all the advantages of the institution in all the departments,
shall be allowed to students of every denomination of chris-
tians.
§ 9. The corporation aforesaid shall have power to con-
fer on such persons as may be deemed deserving, such aca-
demical and honorary degrees as are usual and customary
in any other colleges or universities, here or elsewhere.
§ 10. The trustees of said university shall have authority
from time to time to prescribe and regulate the course of
Object.
Power
tees.
Open to all.
Degrees.
Course of study.
ACADEMIES, COLLEGES, ETC. 51
studies to be pursued in said university, and in all the de-
partments attached thereto; to fix the rate of tuition, room
rent, and other necessary expenses ; to appoint a faculty, officers,
consisting of a president and other ins; ructors, professors,
tutors and teachers of every grade, and such other officers
and agents as may be needed, in their judgment, in the man-
agement of the concerns of the institution ; to define their
powers, duties and employments ; to fix their compensation ;
to provide for, contract with and pay the same ; to displace or
remove either or any of the instructors, officers or agents, or
all of them, as said trustees shall deem the interest of said
university requires ; to fill all vacancies among said instruc- vacancies,
tors, officers and agents ; to erect necessary buildings ; to
purchase, and from rime to time increase the libraries of the
institution and its departments ; to purchase books, chemical
and philosophical apparatus, and other suitable means to
facilitate instruction, including the establishment of an astro-
nomical observatory, with all suitable and convenient appa-
ratus; to put in operation, if deemed advisable, a system of
manual labor, or gymnastic or other exercises, for the pur-
pose of promoting the health of the students and lessening
the expenses of education ; to make rules for the general
management of the affairs of the institution, and for the regu-
lation of the conduct of the students ; and to add, as the
ability of the corporation may warrant, and the interest of
the public shall require, a female academy or high school, Female deP*t.
an academy or high school for males, a preparatory depart-
ment, designed to fit young men for entering upon the col-
legiate or other departments, or the same or any of them
joined in one, and additional departments for the study of
the sciences as applied to agriculture, or the arts, or any or
all of the liberal professions.
§ 11. The trustees shall faithfully apply all funds and Funds-how aP-
moneys collected by them, according to the best of their
judgment, in erecting suitable buildings, and in keeping up
the same, in improving and suitably managing, or selling,
at their discretion, the lands donated to them by the Lake
Forest association, or otherwise acquired, in supporting and
paying the necessary instructors, officers and agents of the
corporation, in procuring books, maps, charts, globes, phi-
losophical, chemical, astronomical and other apparatus de-
signed to aid in the promotion of sound learning in the in-
stitution, and the several departments thereof; Provided, proviso,
that in case of any donation, devise or bequest, made, or at
anytime hereafter to be made to said corporation, or which the
trustees before named, or any of them individually may have
heretofore accepted in trust, preparatory to and in anticipa-
tion of this act of incorporation, and which has or may have,
by the terms of the donation, devise or bequest, any partic-
ular designation, appointments or conditions attached, ac-
cordant with the general objects of the university, or any
52
ACADEMIES, COLLEGES, ETC.
Donations.
department thereof, satisfactory to said board of trustees,
and accepted by them, the said trustees shall be under obli-
gations to devote, use, manage and apply such donation, de-
vise or bequest in conformity with the express conditions
and instructions of the donor or devisor. And, for the pur-
pose of said incorporation, said trustees are hereby autho-
rized to contract, with and receive from any one or more of
their own number, and from the Lake Forest association
aforesaid, an unincorporated land and college company,
formed in the city of Chicago on the 28th day of February,
1856, or the subscribers thereto, and from all other persons,
a ratification and performance of all the pledges, both of
money, lands, or other property pledged to them, or to any
persons in trust for them, at any time prior to and in antici-
pation of the passage of this act, and shall hold, use and
manage, or convert the same to the use and in conformity
with the conditions and intentions of the donors.
Design of donor, g ^ jt gha|j not bo ]awfui for t]ie trustees of said uni-
versity to apply any of said lands, so donated, or to be dona-
ted to thorn, as aforesaid, or any part of the proceeds or
credits thereof, to any institution other than those located at
Lake Forest and on the lands donated. The same rule shall
hold and apply in case of other donations, gifts or bequests
to said university, and every department thereof, unless it
shall have been the known design of the giver that such do-
nations, gifts or bequests were to be used elsewhere.
§ 13. Nothing in this act contained shall be so construed
as to interfere with or disturb any arrangement, made or to
be made, between the trustees or subscribers to the Lake
Forest association, touching the share of expenses justly
chargeable on the grounds donated by the latter to the
former, exclusive of the sites of the university, college, or
other academical or school buildings, for the purpose of
opening and grading streets, and making other improve-
ments, nor to exempt the same (excepting the sites and build-
ings aforesaid,) in the hands of said university trustees, from
taxation for sidewalks by the municipal authority of any
village or city having corporate jurisdiction over the place
where said institutions are located.
Quorum. g j^ Seven trustees shall be sufficient to constitute a
quorum for the transaction of business, and should there be
at any meeting an insufficient number to form a quorum,
they shall have power to adjourn from day to day, or for a
longer period, until a quorum shall be had.
Wrst meeting. § 15. The first meeting of the said trustees, under this
charter, shall be held in the city of Chicago, on the first
Tuesday in March next, and all subsequent meetings of the
board shall be held at such time, at such place, and on such
notice given thereof to the members as the board shall here-
after prescribe.
AGRICULTURAL SOCIETIES. 53
§ 16. Only one of the faculty of the college at Lake
Forest shall be a member of the board of trustees at the
same time.
§ 17. This act shall take effect and be in force from and
after its passage, and shall be deemed a public act, and shall
be liberally and benignly construed in all courts and places,
in the furtherance of the objects thereof.
Approved February 10, 1865.
AN" ACT for changing the name of the Lind University to that of Lake In force Feb. 16,
Forest Univerei-tv. 1SC5-
»
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
name of the Lind University be, and is hereby changed to Name Ranged,
that of Lake Forest University, and all rights, property and
privileges possessed, held and enjoyed by the said Lind
University, shall continue to be possessed, held and enjoyed
by the said Lake Forest University, under that name and
style, and all actions pending, and rights of actions which
have accrued in favor of said Lind University, shall be pro-
secuted in the name of the said Lake Forest University.
§ 2. This act shall not operate to release any debts or Debts not
liabilities of said university, but the said Lake Forest Uni-
versity shall be liable therefor.
§ 3. This act shall take effect immediately.
Appro ved February 16, 1865.
AN ACT to incorporate and legalize the Incorporation of the Macon County in f01.ce Feb. 15,
Agricultural Society. 1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
present organized agricultural society in Macon county be Name ana style.
and hereby is declared a legally existing and organized
body corporate and politic, said society having been organ-
ized and incorporated under the general laws of this state, and
is at this time under its constitution and by-laws governed by
the following named officers, viz : James II. Piekerell, presi-
dent, John G. Taylor, vice-president, John K. Warren, secre-
tary, John Ryan, treasurer, Edward A. Jones, Samuel Pow-
ers, William T. Moffett, Lowber Burrows, Augustus W.
Hardy, George W. Baker, Edward O. Smith, D. Skillman
Allen and Henry Prather, directors ; therefore, be it further
54r AGRICULTURAL SOCIETIES.
enacted, that the aforesaid persons, and such others as are now
or may be hereafter associated with them as stockholders, shall
have perpetual succession, under the name and style of the
" Macon County Agricultural Society ;" and by that name
shall sue and be sued, plead and be impleaded, answer and
be answered, in all courts of law or equity in this state.
§ 2. Said association shall be entitled to the rights and
benefits of all laws now existing, or that may hereafter be
enacted by the state for the benefit or encouragement of agri-
cultural or mechanical societies or associations.
§ 3. In addition to the powers now given under the
Additional pow- g,euerai laws of this state, said society shall have power to
borrow money, and to execute promissory notes or bonds,
or to issue other evidences of indebtedness, and to execute
such mortgages or other pledges of its personal or real
estate, in its corporate name, as may be deemed neces-
sary to secure the payment of any indebtedness it may
contract ; and, also, in its corporate name, to receive and
hold real estate and convey the same, under such rules and
regulations as may be adopted by its board of directors.
Powerg § 4. Said society, in addition to the powers already
granted, or that may hereafter be granted, under the gen-
eral laws of this state, for the regulation of the police of
this society, shall have power to license the carriers of pas-
sengers or persons, as well as merchandise, provisions, im-
plements, or other articles, and to fix prices for the
conveyance of the same to and from its fair grounds, to and
from the limits of the city of Decatur, and also to regulate
the prices charged to and from any depot or switch upon
the Great Western Railroad, outside of the limits of said city.
§ 5. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 15, 1865.
In fovce Feb. 16, A.N ACT to amend an act entitled "An act to incorporate the Union Agri-
1865. cultural Society of Jo Daviess, Stephenson, Lafayette and Greene counties."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Powers granted. Jo Daviess, Stephenson, Lafayette and Greene counties
Agricultural Society shall be entitled to and receive all the
privileges granted to county agricultural societies, by an act
to revive and continue in force an act entitled "An act to
aid and encourage county agricultural societies," approved
February 21, 1861.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
ANIMALS RUNNING AT LARGE. 55
AN ACT to prevent domestic animals from running at large in the county In force after
of St. Clair. ratification.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from
and after the first day of March, a. d. 1866, and for all stock not to run
time thereafter, it shall not be lawful for the owners of any atlaige-
domestic animals, of the species of horse, cattle, mule, ass,
sheep, hog, and goat, to suffer the same to run at large in
the county of St. Clair ; and all such animals, which may
be found running at large in said county after said first clay
of March, a. d. 1866, may be taken up by any householder Howtakenup.
of said county, who shall keep them safely in his stable or
lot, ancl shall provide them with a sufficiency of suitable
food and water, until taken away from him according to the
provisions of this act.
§ 2. It shall be the duty of the taker up of any such stock to be
animal, within two days after taking up the same, to notify poste '
the owner thereof, or the person from whose possession or
custody it has escaped, if resident of said county and known
to the taker up, or if not known to him, or if non-resident
of the county, the nearest justice of the peace, of the
species and number of the animals taken up, together with
a description of the same ; and the said justice of the peace
shall forthwith prepare three notices, describing said
animals, and the time and place when and where taken up,
and shall cause the same to be posted up at three of the
most public places in the precinct.
§ 3. On the application of the owner of such animal, or Fees for taking
of the person entitled to the possession or custody of the up"
same, within ten days after being notified as aforesaid, the
same shall be delivered up to him, upon paying for the
same as follows: for taking up any horse, mule, ass, or head
of cattle, fifty cents, and for feeding the same the value of
one-third of a bushel of corn per day ; for taking up any
hog, sheep or goat, twenty-five cents per head, and for
feeding the same the value of the fifth of one bushel of
corn per day ; to the justice of the peace, for preparing and
posting up the three notices, fifty cents ; the payment of
which said several sums of money, and the receipt thereof by
the taker up, shall not be a bar to or a waiver of any action for
damages done by the animals taken up, but shall only en- Damages,
title the owner of such animal, or the person entitled to the
possession or custody thereof, to repossess himself of the
same.
§ 4. If the owner of any such animal taken up, or the mieu considel.M
person entitled to the possession thereof, shall not appear estl-ays-
within ten clays as aforesaid, prove property, pay charges,
and take the animal away, then such animal shall be con-
sidered an estray, lawfully taken up under the laws of the
state, known as the estray laws, (chapter 39 of Revised
56 ANIMALS RUNNING AT LARGE.
Statutes, and the laws amendatory thereto,) and shall be
dealt with accordingly ; and the proceedings prescribed by
said laws, and the notices required by them, shall be had
and given according to such laws; and the taker up shall
acquire and be entitled to all the rights and privileges and
subject to all the penalties provided by said law.
costs, how paid. g 5# if the owner shall appear, claim and take away his
animal, after the expiration of the ten days as aforesaid, he
shall pay to the taker up, in addition to the charges estab-
lished by this act, all the charges and cost incurred under
and established by said estray Jaws.
ciaim when for- g g# If the taker up of any animal, under the provisions
of this act, shall fail to comply with any of the duties en-
joined on him, he shall forfeit all claim to the compensation
for taking up and feeding the same, and shall be liable to
the owner for all damages by him sustained on account of
said failure or negligence.
JmSinceSuitsdetei" § ?• I11 aU controversies arising under this act, justices
of the peace shall have jurisdiction in all cases in which
the amount in controversy does not exceed one hundred
dollars ; and either party shall be entitled to a trial by jury.
when act in g 8. This act not to be in force till the same shall have
been ratified by a majority of the legal voters of said
county.
Act to be voted g c^ >p}ie clerk of the county court of said county shall
give notice of the submission of this act, to the voters of
said county, with his usual election notice, and provide in
his blank poll-book for a vote to be given for and against
this act, at the next regular November election ; which
shall be in the following form, to wit : " For keeping up
Decision of vo- stock," "Against keeping up stock;" and if a majority of
ters- all the votes cast in said county, at said election, are " For
keeping up stock," then this act shall be and continue in
full force.
second vote on. g iq# jn cage a majority of the votes cast are "Against
keeping up stock," the county court of said county shall
have power, at any regular term thereafter, to submit the
same question to the voters of said county, at any subse-
quent regular November election, in manner aforesaid ;
and if a majority vote for the same, then this act shall take
effect and be in force from and after the 1st of March fol-
lowing said election.
Approved February 16, 1865.
BANKS. 57
AN ACT to incorporate the East St. Louis Real Estate and Savings Bank. In force April 17,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry
Jackiesch, Francis William, Samuel W. Toorner, Bernharcl style andname'
(roedde, William D. Oris wold, Charles Parsons and John
B. Bowman, their associates, heirs and assigns, and all such
persons as shall become stockholders in the corporation
hereby created, and their successors, shall be a body politic
and corporate, by the name and style of "The East St.
Louis lieal Estate, Loan and Trust Company ; " and shall
have a common seal, power to plead and be impleaded, to Seal,
appoint all necessary officers, servants and assistants, and
be located in the town of East St. Louis, in St. Clair county,
Illinois.
§ 2. A majority of the corporators herein named may Books opened,
proceed to open books for subscription to the stock of said
company, and shall, at the same time, or thereafter, desig-
nate a time and place for the first election of directors of
said company, by parties Mibscribing to the stock thereof;
and each share of stock so subscribed for shall be entitled
to one vote.
§ 3. The capital stock of said company shall be one capital stock.
hundred thousand dollars, with power to increase the same
to live hundred thousand dollars, to be subscribed and paid
for in the manner prescribed by the by-laws to be formed
by said company, and shall be divided into shares of one
hundred dollars each, which shall be deemed personal pro-
perty, and shall be transferable on the books of said, com-
pany, in such manner as its by-laws may prescribe.
§ 4. The said corporation shall have power to borrow May borrow
money, and to receive money on deposit, and pay interest
thereon, and to loan money, either within or without this
state, at any rate of interest, not exceeding that now or
hereafter allowed by law to private individuals, and to dis-
count loans; and, in computation of time, thirty days shall
be a month, and twelve months a year; and to make such
loan payable either within or without this state, and to take
such securities therefor, real or personal, or both, as the di-
rectors or managers of said corporation shall deem suffi-
cient; and may secure the payment of such loans by deeds
of trust, mortgages, or other securities, either within or
without this state ; may buy and sell negotiable paper, and
other securities ; may accept and execute all such trusts,
whether fiduciary or otherwise, as shall or may be commit-
ted to it by any person or persons, or by the order or direc-
tion of any court or tribunal or other legally constituted
authority of the state of Illinois, or of the United States or
elsewhere; may make such special regulations, in reference
to trust funds or deposits left for accumulation or safe keep- Trust funds,
ing, as shall be agreed upon with the depositors or parties
—7
58
BANKS.
Letters of credit.
Subscription to
stock.
May hold pro-
perty.
Affairs, how
managed.
By-laws.
Stock, when for
feited.
Annual report.
Holders liable.
interested, for the purpose of accumulating or increasing
the same; may issue letters of credit and other commercial
obligations, not, however, to circulate as money ; and may
secure the payment of any loans made to said company in
any way the directors may prescribe.
§ 5. Married women and minors may, in their own
names, subscribe for stock, and deposit money with said
corporation, and receive certificates of stock and of deposits
in their own names, which stock and deposits shall be sub-
ject to their disposal and order only.
§ 6. It may be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be con-
venient and useful in the transaction of its business, and to
take and hold any real estate, in trust or otherwise, as secu-
rity for or in payment of loans and debts due or to become
due to said company ; to bid for and purchase real estate at
any sale made in virtue or on account of any loan or mort-
gage or trust made to or held by or for the said company,
or in which it is interested, and to receive and take, in satis-
faction of any loan or debt, any real or personal estate, and
to hold, use, improve, lease and convey the same.
§ 7. The affairs of the company shall be managed by a
board of directors, at least three in number. After the first
election, as is herein provided, the directors shall be elected
by the stockholders, at such time and places and in such
manner as shall be established by the by-laws of said com-
pany. The directors of said company shall be elected an-
nually ; but any failure or omission to elect directors shall
in no wise impair or affect the rights and powers of directors
holding over, or the rights or interests of the stockholders,
depositors, or others interested.
§ 8. The directors shall have the right to form by-laws
for the appointment of other officers, agents and others,
necessary for the company's service, and for regulating their
own proceedings and the company's operations ; however,
not inconsistently with the constitution and laws of this
state.
§ 9. The directors shall also have the right, in case any
stockholder shall fail to pay any installment for thirty days
after a call therefor, to declare the stock of such stockholder,
so in arrears, forfeited to the company, together with the
sums already paid thereon, or, at their option, sue for and
recover the entire amount of subscription remaining unpaid ;
and shall have the right to declare dividends out of the
earnings of said company.
§ 10. The directors shall make an annual report to the
treasurer of the state of Illinois of their acts and doings for
the previous year ; such report to be verified by the affidavit
of the president or other proper officer of said company.
§ 11. Each stockholder of said company shall be indi-
vidually liable, to the extent of the amount of stock sub-
BANKS. 59
scribed by them, respectively, for all the debts and liabilities
of the company, while he is such stockholder, and for six
months next after the transfer of his said stock.
§ 12. Until the sum of ten thousand dollars shall have
actually been paid in on subscription to capital stock, the
company shall not commence.
§ 13. This act shall be a public act, and be in force from
and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Farmers' and Mechanics' Savings Bank, of In force Feb. 15,
Knox County, Illinois. 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Jona-
than Latimer, William B. L. Barron, George I. Bergen, Na™e of corpo-
Marcus Belden, Hannibal P. Wood, John L. Clay, Warren
M. Baker, William P. Sisson, John Peterson, Weston A.
Ogden, and such other persons as may become stockholders
in the association, are hereby created, be and are declared
and constituted a body corporate, by the name and style of
" The Farmers' and Mechanics' Savings Bank, of Knox
county ; " and shall have succession, a common seal, power seal.
to plead and be impleaded, to appoint all necessary servants
and assistants, and may have, enjoy and exercise all the Powers,
powers necessary to carry out and execute the purposes and
intent of this act.
§ 2. The capital stock of the association shall be twenty- CaPital stock,
five thousand dollars, with power to increase the same, as
the interests of the association may require, to an amount
not exceeding three hundred thousand dollars. The stock
shall be divided into shares of twenty-live dollars each,
which shall be deemed personal property, and shall be
transferable on the books of said association in such manner
as its by-laws may prescribe. The corporators, or a majority
of them, may open books for the subscription of stock, at stock b00ks-
Galesburg, Knox county, Illinois, at such time and place as
they may appoint, upon giving ten days' notice thereof in
some newspaper published in Knox county ; and when the
said sum of twenty-five thousand dollars is subscribed, and
one-half paid in, the said corporators, or a majority of them,
shall give notice of the time and place, in like manner, to
the stockholders, to meet and elect directors, and organize Election of di-
said corporation. The stockholders may elect live directors, re*tors-
who shall be stockholders, and shall hold their offices for
one year, or until their successors are elected and qualified.
When elected, the directors shall elect a president from
their own body, annually ; shall appoint the necessary offi- officers.
60
BANKS.
By-laws.
Borrow and loan
money.
Trust funds.
Depositors.
Hold property.
Dividends.
Holders liable
individually.
cers and agents of the corporation, and shall make such by-
Jaws to control the business of the corporation as its interests
may require.
§ 3. The said corporation shall have power to borrow
money, to receive money on deposit, and allow interest
thereon, and to loan money at any rate of interest not exceed-
ing that now allowed by law to individuals, and to discount
in accordance with bank usage, (and in computation of time,
thirty days shall be a month and twelve months a year,)
and to take such security therefor, real or personal, as the
directors of said corporation shall deem sufficient ; and may
buy and sell exchange, bills, notes, bonds and other securi-
ties ; may have and hold coin and bullion ; may accept and
execute all such trusts as shall or may be committed to it by
any person or persons, or by the order or decree of any
ccurt or tribunal of the state of Illinois or of the United
(States ; make such special regulations in reference to trust
funds, or deposits left for accumulation or safe keeping, as
shall best aid the said depositors or parties interested, by
accumulating or increasing the same, allowing and paying
such interest therefor, not greater than hereinbefore provi-
ded, as may be agreed upon; may issue letters of credit
and other commercial obligations : Provided, the same shall
not be in the similitude of bank notes, or other evidences
of debt, designed to circulate as money. Married women
and minors may, in their own names, deposit money with
said corporation, and said deposits shall be subject to their
order only.
§ 4. The said corporation shall have power to purchase
and hold all such real and personal estate as may be re-
quired for the transaction of their business ; to hold real
estate as security for and in payment of loans and debts
due or to become due to said corporation ; and to purchase
any real or personal estate, at any sale, to enforce its secu-
rities, or the payment of debts due, of mortgages or deeds
of trust; and to hold said property, or to sell and convey
the same, or any part thereof, at such a price and under
such conditions as the board of directors may direct.
§ 5. The board of directors shall have power to declare
dividends on the stock of said association, out of the profits
of the business thereof, from time to time, as they shall
deem for the interest of the stockholders; and shall have
power to provide for the increase of the capital stock of this
association, under the limits of this charter.
§ 6. All the stockholders of said corporation shall be
severally and individually liable to the depositors, to the
amount of stock held by them respectively, and such lia-
bility shall continue for six months after the sale and trans-
fer of said stock by any stockholder ; and all suits brought
against any stockholder must be commenced within six
months from the time he shall cease to be a stockholder.
BANKS. 61
§ 7. This act to take effect and be in force from and
after its passage.
Approved February 15, 1865.
AN ACT to incorporate the Farmers' and Mechanics' Savings Bank, of in force Apr. IT,
McHenry county. 1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Elihu
G. Hackley, Anson Sperry, Lucian L. Crandall, and such Name of concern
other persons as may become stockholders in the association,
are hereby created, be and declared and constituted a body
corporate and politic, by the name and style of "The Farm-
ers' and Mechanics' Savings Bank, of Mcllenry county ; "
and shall have perpetual succession, a common seal, power
to plead and bo impleaded, to appoint all necessary servants,
and exercise all the powers necessary to carry out and exe-
cute the purposes and intent of this act.
§ 2. The capital stock shall be twenty-five thousand dol- capital stock.
lars, with power to increase the same, as the interest of the
association may require, to an amount not exceeding three
hundred thousand dollars. The stock shall be divided into
shares of twenty-five dollars each, which shall be deemed
personal property, and shall be transferable on the books of
said association in such manner as its by-laws may prescribe.
The corporators, or a majority of them, may open books for
the subscription of stock, at Marengo, McHenry county,
Illinois, at such time and place as they may appoint, upon
giving ten days' notice thereof in some newspaper published
in McHenry county ; and when the sum of twenty-five
thousand dollars is subscribed, and one-half paid in, the
said corporators, or a majority of them, shall give notice of
the time and place in like manner, to the stockholders, to
meet and elect directors, and organize said corporation.
The stockholders may elect five directors, who shall be Directors,
stockholders, and shall hold their offices for one year, or
until their successors are elected and qualified. When
elected, the directors shall elect a president from their own
body, annually ; shall appoint the necessary officers and
agents for the corporation, and shall make such by-laws to
control the business of the corporation as its interests may
require.
§ 3. The said corporation shall have power to borrow Borrow and loan
money, to receive money on deposit, and allow interest money-
thereon, and to loan money at any rate of interest not ex-
ceeding that now allowed by law to individuals, and to dis-
count in accordance with bank usages, (and in computation
62
BANKS.
Hold property.
Dividends.
Stockholders lia-
ble.
of time, thirty days shall be a month, and twelve months a
year,) and to take such security therefor, real or personal,
as the directors of said corporation shall deem sufficient;
and may buy and sell exchange, bills, notes, bonds and
other securities ; may have and hold coin and bullion ; may
accept and execute all such trusts as shall or may be com-
mitted to it by any person or persons, or by the order or
decree of any court or tribunal of the state of Illinois or of
the United States ; make such special regulations in refer-
ence to trust funds, or deposits left for accumulation or safe
keeping, as shall best aid the said depositors, or parties
interested, by accumulating or increasing the same, allowing
and paying such interest therefor, not greater than herein-
before provided, as may be agreed upon ; may issue letters
of credit, and other commercial obligations : Provided, the
same shall not be in the similitude of bank notes, or other
evidences of debt, designed to circulate as money. Married
women and minors may, in their own names, deposit money
with said corporation, and said deposit shall be subject to
their order only.
§ 4. The said corporation shall have power to purchase
and hold all such real and personal estate as may be required
for the transaction of their business; to hold real estate as
security for and in payment of loans and debts due or to
become due to said corporation ; and to purchase any real
or personal estate at any sale, to enforce its securities, or
the payment of debts due, of mortgages or deeds of trust,
and hold said property, or to sell and convey the same, or
any part thereof, at such a price and under such conditions
as the board of directors may direct.
§ 5. The board of directors shall have power to declare
dividends on the stock of said company, out of the profits
of the business thereof, from time to time, as they shall
deem for the interest of the stockholders ; and shall have
power to provide for the increase of the capital stock of
this association, under the limits of this charter.
§ 6. All of the stockholders of said corporation shall
be severally and individually liable to the depositors, to the
amount of stock held by them, respectively ; and such lia-
bility shall continue for six months after the sale and
transfer of said stock by any stockholder; and all suits
brought against any stockholder must be commenced within
the six months from the time he shall cease to be a stock-
holder.
§ 7. This act shall be a public act, and take effect from
and after its passage.
Appkoved February 16, 1865.
BENEVOLENT SOCIETIES. 63
AN ACT to incorporate the Chicago Aibeiter Verein, of Chicago, Illinois. In force Feb. 16,
° 1865.
Section 1. Be it enacted ly the People of the State of
Illinois, re'presenttd in the General Assembly, That Albrecht
Kuper, William H. Tlaase, John Ludwig, William Zachen, Name of com-
Charlcs Degenhardt, Charles Meyer, B. C. Kamp, Julius pany-
Ehrhardt, William Hoster, Francis Koch, Kudolph Nabroth,
John Mutter, Leopold Dewe, and their associates and suc-
cessors, are hereby constituted a body corporate and politic,
by the name and style of " The Chicago Arbeiter Verein,
of Chicago; " and by that name shall have perpetual suc-
cession, and shall have power to contract and be contracted Powers.
with, to sue and be sued, to plead and be impleaded, answer
and be answered unto, defend and be defended, in all courts
of justice and equity.
§ 2. That the said corporation and their successors, by Hold property,
the name, style and title aforesaid, may receive, take and
hold, either by gift, purchase, devise, bequest or otherwise,
any real and personal property, for the use and for the ad-
vancement of the purposes of said corporation, and may
rent, lease, sell, mortgage, convey, or in any otherwise dis-
pose of the same, according to the constitution and by-laws By-iaws.
of said corporation : Provided, always, that the said corpo- Proviso,
ration or body politic shall not at any time hold or possess
property, real, personal or mixed, exceeding in actual value
the sum of fifty thousand dollars.
§ 3. The object and purpose of said corporation shall be 0biect-
to extend relief and aid to its members in case of sickness,
and to bury deceased members ; also, to aid the widows and
orphans of deceased members, and to instruct its members
in the English and German languages, literature, and other
necessary sciences.
§ 4. That it shall and may be lawful for the said corpora- Seal,
tion to have a common seal for their use, and the same, at
their will and pleasure, to change, alter and make anew,
from time to time, as they think best ; and shall in general
have and exercise all such rights, privileges and immunities
as by law are incident or necessary to the corporation herein
constituted.
§ 5. That it shall and may be lawful for the said corpo- issue stocks.
ration to issue stocks, of not less than ten nor more than
twenty-five dollars each share, for the purpose of building a
hall for the interest and benefit of said corporation ; which
stock shall bear interest, payable annually, and shall be re-
deemed by said corporation as soon as the necessary funds
are on hand : Provided, that the stocks issued shall not Provis0-
amount in all over thirty thousand dollars.
§ 6. The officers of said corporation shall be a president, omcws.
two vice-presidents, a recording secretary, a corresponding
secretary, a secretary of the sick, a district secretary, a sta-
tistic secretary, a treasurer, a cashier, a comptroller, two
64:
BENEVOLENT SOCIETIES.
Qualifications of
members.
Rules.
librarians, and a board of trustees of three, to be elected by
the members of said corporation semi-annually, by ballot.
§ 7. To qualify persons to become members of said cor-
poration, they shall be citizens of the United States of
America, or at least have declared their intention to become
such ; of good moral character, and laboring under no bodily
disease calculated to shorten life.
§ 8. Said corporation is hereby authorized to establish
such rules, regulations and by-laws, for the management of
their business, as they may deem proper, and repeal and
alter the same at pleasure.
§ 9. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
Powers.
In force Feb. 15, AN ACT to incorporate the Chicago Sociater Arbeiter Verein of West Chi-
1865- cago, Illinois.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Name of. Mollier, Peter Muller, Charles Hageman, Theodore Wendt,
Vincent Hiebsch, John Geyer, and their associates, are here-
by constituted a body corporate and politic, by the name and
style of "The Sociater Arbeiter Yerein of West Chicago,"
and by that name shall have perpetual succession, and shall
have power to contract and be contracted with, to sue and
be sued, to plead and be impleaded, answer and be answered
unto, defend and be defended, in all and any courts of jus-
tice and equity : Provided, that if the corporation created
by this act shall not organize within one year after the date
of the passage hereof, then this act shall be null and void.
Hold property. g 2. That the said corporation and their successors, by
the name, style and title aforesaid, may receive, take and
hold, either by gift, purchase, devise, bequest or otherwise,
any real and personal property, for the use and for the ad-
vancement of the purposes of said corporation, and may
rent, lease, sell, mortgage, convey or in any otherwise dis-
pose of the same, according to the constitution and by-laws
Proviso. of said corporation : Provided, always, that the said corpo-
ration or body politic shall not at any time hold or possess
property, real, personal or mixed, exceeding in actual value
the sum of twenty -five thousand dollars.
object. § 3. The object and purposes of said corporation shall
be to educate its members by instruction in the English and
German languages, and by literature, also mutually to pro-
mote the welfare and interest of its members.
seal. § 4. That it shall and may be lawful by said corpora-
BENEVOLENT SOCIETIES. 05
tion to have a common seal for their use, and the same at
their will and pleasure to change, alter and make anew,
from time to time as they think best, and shall in general
have and exercise all such rights, privileges and immunities
as by law are incident or necessary to the corporation herein
constituted.
§ 5. That it shall and may be lawful for said corporation issue stock?.
to issue stocks of ten dollars each share, for the purpose of
building a hall for the interest and benefit of said corpora-
tion, which stock shall bear interest at five per cent, per
annum, payable annually, and shall be redeemed by said
corporation, as soon as the necessary funds are on hand :
Provided, that the stocks issued shall not amount in all [to] Proviso,
over seven thousand dollars.
§ 6. The officers of said corporation shall be a president, officers.
a vice president, recording secretary, a financial secretary, a
treasurer, a librarian, and a board of trustees of three, elected
by the members of said corporation by ballot.
§ 7. Said corporation is hereby authorized to establish Rule* and by-
such rules, regulations and by-laws for the management of laws -
their business as they may deem proper, and repeal and
alter the same at pleasure.
§ 8. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
AN ACT to incorporate the Bricklayers' and Masons' Benevolent Association In force Feb# jg
of the city of Chicago. 1865.
[Section. 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Leo
George Cross, president, John Madden, vice president, style and name.
Thomas Keating, recording secretary, Thomas Carrol, cor-
responding secretary, Patrick Campbell, treasurer, and the
other members at present of the Bricklayers' and Masons'
Benevolent Association of the city of Chicago, now existing
in the city of Chicago, in this state, and such other persons
as may hereafter be admitted members of said association,
according to the rules and regulations thereof, be and hereby
are declared and constituted a body politic and corporate,
under the name and style of "The Bricklayers' and Masons'
Benevolent Association of the city of Chicago," and here-
after shall be known by that name and style, and by that
name and style shall remain and have succession for seventy-
five years, with power in and by that name and style to sue PowerB
and be sued, plead and be impleaded, prosecute and defend
in all manner of actions at law or equity, in all courts what-
€6
BENEVOLENT SOCIETIES.
Hold property.
Seal.
Officers.
By-laws
Limit of proper-
ty.
Meetini
held.
;s — where
Donations.
Object.
Term of 75 years.
soever ; and if necessary, to sign, execute and deliver by the
president and recording secretary of said association for the
time being, under the seal thereof, all arbitrations and other
bonds, in obtaining the legal rights and advancing the inte-
rests of said association, and also in and by such name to
acquire, purchase, hold, grant, bargain, sell, alien and con-
vey, any property, whether real, personal or mixed, and to
loan the moneys and funds of said association, and take
promissory notes, bonds, mortgages or other evidences of
indebtedness for the moneys or funds so loaned, and to have
and to use a common seal, and to alter the same at pleasure;
and to make and from time to time to alter, as the associa-
tion may deem proper and expedient, the constitution and
by-laws for said association, the times of election and man-
'ner thereof, for officers of said association, and the number
and duties of such officers, and such other provisions for the
good government, general welfare, improvement and exist-
ence of said association as a majority of the members pres-
ent at any regular meeting thereof may determine : Provi-
ded, such constitution and by-laws shall not conflict with the
constitution of the United States or of this state, or the laws
thereof. Said constitution and by-laws, when recorded on
the records of said association, shall be in full force, and on
the production and proof of such records shall be received
in evidence of the facts therein stated in all courts of justice
and upon all lawful occasions.
§ 2. The said corporation shall not at any one time hold
personal property to a greater amount than fifty thousand
dollars, nor real estate to a greater amount than fifty thou-
sand dollars. The personal property belonging to said asso-
ciation shall not be appropriated otherwise than for the
benefit of said association, the improvement of the real
estate of the association, and such benevolent and other
purposes and in such manner as shall be declared provided
for and directed in the constitution and by-laws hereinbefore
authorized to be made.
§ 3. The office and meetings of said association shall be
kept and held in the said city of Chicago, and in case any dona-
tion, devise or bequest shall be made to the said association
for particular purposes, and said association shall accept the
same, any such donation, devise or bequest shall be applied
in conformity with the express condition or conditions of
the donor or testator.
§ 4. The object of this association is hereby declared to
be to unite journeymen bricklayers and masons in a bond
of brotherhood and mutual friendship, to minister to their
wants in sickness, and afford relief in their necessities, and
generally to ameliorate by all means within Ihe control of
the association, their condition both moral and physical.
§ 5. This act shall be a public act, and be in force [for]
seventy-five years after the passage and approval thereof.
Approved February 16, 1865.
BENEVOLENT .SOCIETIES. b <
AN ACT to incorporate the Dania Society of the city of Chicago. rn force Feb. 16
1865.
Section 1. lie it enacted by the People of the State of
Illinois, represented in the General Assembly, That Niels P.
Peterson, Emil Dreier, Charles Mank, Charles Kauffeldt, Dania Society.
Meier Ballin, Christopher Johnson, George Olson, Augus-
tus Jacobson, Ernst Brandt, Anthony Schow, and such other
persons as are now members of an association in the city of
Chicago, called the "Society Dana," and such other persons
as may from time to time become members of the corpora-
tion hereby created, are hereby made and constituted a
body politic and corporate, with perpetual succession by the
name and style of the "Dania Society of the city of Chi-
cago," and by that name they and their successors shall be
capable in law of contracting and being contracted with, Powers,
suing and being sued, defending and being defended, in all
courts and places, and in all matters and places whatsoever,
with full power to acquire, hold, occupy, enjoy and convey,
all real and personal estate not exceeding in value the sum
of twenty-five thousand dollars. They may have a common Seal.
seal, and the same may alter, break and renew at pleasure.
They may adopt a constitution, rules, by-laws and regula-
tions to further the objects of this incorporation, not repug-
nant to the constitution of this state, or of the United States, all
in such manner as shall to them from time to time seem
necessary ; and they may annex to the breach thereof such
penalty, by fine, dismission or expulsion, as they may deem Penalties.
lit ; and the constitution, by-laws, rules and regulations of
the present "Society Dana," hereinbefore mentioned, not
inconsistent with the constitution of this state, or of the
United States, shall be in force for this corporation until
others shall be adopted.
§ 2. The object and purpose of said corporation shall be object,
to promote the culture and welfare of its members.
§ 3. The corporation hereby created shall have power 0fficer3-
to elect and qualify such officers as they may deem neces-
sary, who shall hold their offices for such length of time,
and discharge the duties thereof in such manner as may be
established by the constitution and by-laws of the society.
§ 4. This act shall take effect and be in force from and
after its passage.
Appkoved February 16, 1865.
68 BENEVOLENT SOCIETIES.
In force Feb. 10, AN ACT to incorporate the Chicago Charitable Eye and Ear Infirmary.
1865.
Preamble. Whereas, it is a duty of common humanity to relieve the
suffering and destitute, and it is for the public good of a
state to encourage and aid such institutions as have for
their aim to provide for the gratuitous and scientific treat-
ment of diseases of the eye, especially, and also of the ear,
for such persons as may be unable to secure the necessary
aid for themselves, thereby relieving the sufferers from a
condition of helplessness, and, many times, the state from
the necessity of their support,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Walter
jiody corporate. L. Newberry, Luther Haven, Samuel Stone, Ezra B. Mc-
Cagg, William Barry, "William II. Brown, Thomas B. Bryan,
Ph'ilo Carpenter, Wesley Munger, Eliphalet W. Blatchford,
Cyrus Bentley, Flavel Mosley, together with Daniel Brain-
ard, Joseph W. Freer, Edwin Powell and Edward L. Holmes,
physicians, all of the city of Chicago, or its vicinity, are
hereby declared and created a body corporate, for the pur-
pose aforesaid, by the name of uTlie Chicago Charitable
Eye and Ear Infirmary," and that they and their successors
shall have perpetual succession, by the same name.
Trustees and § 2. Said corporation shall have power to elect trustees
surgeons. ^j surgeons of the institution, and to choose such officers
and committees, and establish such dispensaries as its in-
terests, from time to time, seem to require ; may make a
constitution and rules, by which it shall be governed, not re-
pugnant to the constitution and laws of this state, and may
change the same, from time to time, at its pleasure.
seal. § 3. Said corporation may adopt and have a common
seal, may sue and be sued, prosecute and defend suits, in its
corporate capacity, in any of the courts of record in this
state, and is hereby licensed and empowered to make, pur-
chase and receive grants, devises and donations of real and
Hold property, personal estate, and the same, or any part thereof, to a lien,
sell and convey ; but said real and personal estate, exclusive
of an infirmary building, shall not exceed in amount the sum
of one hundred thousand dollars.
First meeting. § 4. Walter L. Newberry, or any other person named
in this act, is hereby authorized to call the first meeting of
said corporation.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
BENEVOLENT SOCIETIES. 69
AX ACT to incorporate the German Mutual Aid and Gymnastic Society of in force Feb. 16,
the city of Aurora. 1865.
Section 1. Beit enicted by the I'eople of the State of
Illinois, represented in the General Assembly, That B. Bart-
hold, president, Phillip Sdeickler, vice-president, Jacob Arns, style of compa-
first term warden, Nicholas Ambrose, second term warden,
Henry Rang, treasurer, Jacob Dickes and Fred. Nahr, sec-
retaries, and Frank Ulrich, warden of the German Mutual
Aid and Gymnastic Society of the City of Aurora, and
their successors, and other present members of said society,
and such other persons as may hereafter be admitted mem-
bers of said society, according to the constitution, rules and
regulations thereof, be and they are hereby created a body
politic and corporate, in the city of Aurora, county of Kane,
under the name and style of '"The German Mutual Aid and
Gymnastic Society of the City of Aurora," for the purpose
of aiding their members in sickness and distress, providing
for a decent burial of their dead, and engaging in suitable
athletic and gymnastic exercises; and, by that name, shall
have perpetual succession, with power to sue and be sued,
plead and be impleaded, prosecute and defend, at all actions
at law and in equity, in all courts whatsoever; and be capa-
ble, in law, of taking and holding, by purchase, grants, gifts,
devise, and otherwise, real and personal property, for the
use of said societv, to any amount, not exceeding in value value of proper-
, ' ® ty hfrla.
the sum of ten thousand dollars; and the said society, by
their said name and style, and for the use thereof, shall have
power to sell and convey the real and personal estate of said
society, and to loan the money thereof, and to take promis-
sory notes, bonds, mortgages, and other evidences of indebt-
edness, to secure the same ; to have and use a common seal, Seal-
and to alter the same at pleasure ; to make, and, from time
to time, to alter, as they may think proper and expedient, a
constitution and by-laws for said society, declaring the time Powers.
of electing the officers of the said society, and the manner
thereof, the number and duties of such officers, and, gener-
ally, such other provisions for the good government and ex-
istence of the society, as to them may seem proper, not in-
consistent with the constitution and laws of this state.
§ 2. The constitution, by-laws and proceedings of said By-laws.
society shall be entered, by the proper secretary of said so-
ciety, in a book kept for that purpose ; and such book shall,
on all proper occasions, be open to inspection and examina-
tion of any member of the society, and shall be evidence of
the matter therein contained in ail courts of law and equity.
§ 3. The office and meetings of said society shall be held office and meet-
in the city of Aurora, county of Kane. And at all elections, lng3'
each member, who is not in arrears with his dues to the so-
ciety, shall be entitled to vote, and a majority of all voles
cast shall make an election.
70
BENEVOLENT SOCIETIES.
§ 4. The members of said society shall be liable to pay
such an amount of money, at such time and place as may be
lixed by the constitution or by the by-laws of the society,
and, upon a failure to pay the same, may be proceeded
against by suit in the name of the society, and, in addition,
their memberships may be declared forfeited, at the pleasure
of the society.
§ 5. The society shall not be dissolved and put in liqui-
dation as long as ten members of the members thereof dis-
sent and wish the continuance of the society.
§ 6. This act shall be a public act, and be in force from
and after its passage.
Approved February 10, 1SG5.
I n farce Fob. 16, AX ACT to incorporate the German Benevolent Society at Ottawa, LaSalle
1SG5- County, Illinois.
Section 1. Be it eracterl by the People of th; State of
Illinois, represented in the General Assembly, That all such
xame and style, persons as are or may hereafter become members of the
German Benevolent Society at Otrawa, LaSalle County,
Illinois, from and after the passage of this act, shall be and
are hereby constituted a body corporate and politic, by the
name and style above given ; and, by that name and style,
they and their successors shall have succession, and shall,
in law and equity, be capable of suing and being sued, plead
and be impleaded, in all courts and places whatsoever; and,
rowers by that name, be capable of owning and holding, by purchase,
gift and devise, and of conveying real estate, for the benefit
of said corporation.
§ 2. The contracts, deeds and conveyancing of said cor-
poration may be made and executed by three trustees, to be
appointed by the members thereof, to hold their office for
one year, unless removed by said society.
§ 3. Said corporation may make such Iravs and regula-
tions for their own government as may be necessary, not in-
consistent with the laws and constitution of this state or of
the United States.
§ 4. Said corporation shall have power to assess such
initiation fee and such monthly, quarterly and yearly dues,
as may be wanted for the purpose of carrying out the objects
of said society; and may sue its individual members, and
collect the same by law.
§ 5. Said trustees may use their private ceals or such
seal as the society may adopt,
§ 6. This act to take effect and be in force from and af-
ter its passage.
Approved February 1G, 1865.
Contracts
deeds,
made.
By-laws.
Fees.
and
Seal.
BENEVOLENT SOCIETIES. 71
AN ACT to incorporate the German Benevolent Supporting Society of the In force AprH17,
Town of Mendota. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Anton Er-
lenborn, J. M. Erlenborn, William Baumbach, and all other N&me of society,
persons who are members or who may be hereafter members
of the "German Benevolent Supporting Society of the Town
of Mendota." as now organized and acting as such society, in
the town of Mendota, in the comity of LaSalle, in this state,
be and are hereby created a body corporate and politic, by
the name and style of the "German Benevolent Supporting
Society of Mendota," to be located in said town; and, by
that name, they and their successors shall and may have
succession, and shall be capable of suing and being sued, in
all courts, as natural persons ; and said corporation may have
and use a common seal, and the same may alter or change Powers.
at pleasure ; and said corporation shall, in law, be capable
of taking, receiving, purchasing and holding real and per-
sonal estate, and may sell and convey the same ; and may
make by-laws for the management of its affairs, not incon-
sistent with the constitution and laws of this state or of the
United States ; to elect and appoint the officers and agents
of such societv, for the management of its business.
§ 2. The corporation hereby created shall be and exist Existence for.
for the mutual relief and benefit of its members, and for be-
nevolent purposes only ; and, for such purpose, shall be ca-
pable of taking, holding or receiving real and personal
estate, by gift or devise, and to dispose of the same as natural
persons.
§ 3. The objects of this corporation shall be for the mu- object.
tual benefit of its members, such as education of themselves
and their children, making provisions for care and attend-
ance of the members, their children and other persons, as
the by-laws of the corporation may provide, in sickness or
inability of its members or such other persons to provide for
themselves ; and, generally, to do and perform such acts of
a benevolent or charitable character as is usually done by
benevolent societies.
Appeoved February 16, 1865.
AN" ACT to incorporate the German Benevolent Societv of Bloonuns;ton. In force Feb. 15,
° 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
present members of the German Benevolent Society of the style .of incor-
City of Bloomington, in McLean county, and such other per- P°r
72 BENEVOLENT SOCIETIES.
sons as may hereafter be admitted members of said society,
according to the rules and regulations thereof, be and they
are hereby declared and constituted a body politic and cor-
porate, under the name and style of "The German Benevo-
lent Society of Bloomington ;" and, henceforth, shall be
styled and known by that name ; and by that style and
name shall have perpetual succession ; shall have power to
sue and be sued, plead and be impleaded, prosecute and de-
fend, in all manner of actions, at law or in equity, in all
courts whatsoever; and, also, in and by such name, to ac-
How property quire, purchase, hold, grant, bargain, sell and convey any
property, whether real, personal or mixed ; and to loan the
money and funds of said society, and to take promissory
notes, bonds, mortgages or other evidences of indebtedness
for the money or funds so loaned ; and to have and use a
Seal common seal, and to alter the same at pleasure ; and to make,
and from time to time, to alter, a constitution and by-laws
for said society, by which the said society may provide for
the election of the officers of said society, and for the time
and manner of said election, and the number and duties of
such officers, and, generally, such other provisions for the
good government and existence of such society as a major-
proviso. ity of the members present may determine : Provided, such
constitution and by-laws shall not conflict with the constitu-
tion or laws of the United States or of this state.
By.laws § 2. Said constitution and by-laws of said societ}7, when
recorded in the records of said society, shall be in full force ;
and on the production and proof of such records shall be re-
ceived as evidence in all courts of justice and upon all law-
ful occasions.
Extent of pro- § 3. The said corporation shall not at any onetime hold
perty' personal or real property to a greater amount than fifty thou-
sand dollars.
§ 4. All personal property and effects, of whatever kind
or description, now held by said society or by any person
in trust therefor, shall by virtue of this act, vest in and be-
come the property of the corporation hereby created, and
may be sued for and recovered in the name of said corpora-
tion.
office and meet- § 5. The office and meetings of said society shall be
ings' kept and held in the said city of Bloomington.
Donations. § G. Said corporation shall have power to receive and
accept donations, bequests and devises, for particular objects
or for general purposes.
0bject. § 8. The object of this corporation is hereby declared to
be to minister to the wants of the members in sickness and
afford relief in their necessities, and, generally, to ameli-
orate, by all the means within the control of the society,
their condition, both moral or physical.
§ 9. This act shall be deemed a public act, and shall be
in force from and after its passage.
Appkoved February 15, 1865.
BENEVOLENT SOCIETIES. 73
AN ACT to incorporate the Grand College of the State of Illinois of the In force Feb. 16,
Working Men's Relief Society. 1S0°-
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Conrad
Folz, Frederick Witte, Ludwig Ziegler, John Loeber,
Charles Kirsch, and their associates, the present officers of
the Grand College of the State of Illinois of the "Work-
ingmen's Relief Society," and their successors, he and they
are hereby declared to be a community, corporation and
body politic, by the name and style of the "Grand College
of the State of Illinois of the Workingmen's Relief Soci-
ety ;" and by that name they and their successors may hold
and acquire property, real and personal, of any person or
persons, body corporate or politic, also devises or bequests,
of any person or persons, and be capable, at their pleasure, Po'"'er3-
to transfer and dispose of the same-, in such manner as they
see proper : Provided, ahvays, that the said corporation or
body politic shall not, at any time, hold or possess property,
real, personal and mixed, exceeding in actual value the sum
of twenty thousand dollars.
§ 2. That the said corporation, and their successors, by
the name, style and title aforesaid, shall be forever there-
after, capable in law to sue and be sued, plead and be im-
pleaded, answer and be answered unto, defend and be de-
fended, in all [and] any courts of justice and before all and
any judge, officer or person whatsoever, in all and singular
actions, matters or demands whatsoever.
§ 3. That it shall and may be lawful for the said corpo- SeaI>
ration to have a common seal for their use, and the same, at
their will and pleasure, to change, alter and make anew,
from time to time, as they may think best, and shall, in _. , . , . .
it ■,' . J -n J -i.i '.., 't Rights and pn vi-
general, nave and exercise all such rights, privileges and leges.
immunities as by law are incident or necessary to the cor-
poration herein constituted.
§ 4. That the subordinate societies which are now be- Sub-societles-
longing to and which may hereafter be instituted by the
said corporation and their successors, by the name and num-
ber of their respective societies of the "Workingmen's Re-
lief Society," in the state of Illinois, shall be declared to be
a community, corporation and body politic, and to be, at all
times hereafter, capable in law to have, receive and retain
to them and their successors property, real and personal,
also devises and bequests, of any person or persons, body
corporate or politic, capable of making the same, and the
same, at their pleasure, to transfer or dispose of, in such
manner as they may think proper : Provided, always, that PT<m*
either of the said subordinate societies shall not, at any
time, hold or possess property, real and mixed, exceeding in
actual value the sum of ten thousand dollars.
§ 5. That it shall and may be lawful for either and all
71 BENEVOLENT SOCIETIES.
Seal- of said subordinate societies to have a common seal, for
their use, and the same, at their will and pleasure, to change,
alter and make anew, from time to time, as they may think
powers. best, and shall, in general, have and exercise all such rights
and privileges and immunities as by law are incident or
necessary to corporations, and that may be necessary to the
corporation herein constituted.
§ 6. This act shall take effect from and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to incorporate the "Grand Grove of the United Ancient. Order
1805. Druids of the state of Illinois," and the subordinate Groves under its
jurisdiction.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Name. j\[_ Grand Arch, Deputy Grand Arch, Grand Secretary,
Grand Treasurer, Grand Marshal, and Grand Guard, of
the Grand Grove of the United Order Ancient Druids of
the State of Illinois, together with N. Arch, Yice Arch,
Secretary, Treasurer and Guard, of the several Groves sub-
ordinate to said Grand Grove, while holding said offices,
shall be and the same are hereby declared to be a body poli-
tic and corporate, by the name, style and description of
"The Grand Grove United Ancient Order Druids of the
State of Illinois," and that the office of the Grand Grove
Location. aforesaid be located at Quincy, Illinois.
Powers. § 2. The said corporation by the name and style afore-
said, shall have full power to sue and be sued, plead and be
impleaded, prosecute and defend, in all manner of actions, at
law or in equity, in all places whatever, where legal or
equitable proceedings are had. The said corporation shall
By-iaws. have power to make such constitution, by-laws, rules and
regulations, for its own government and the management of
its own concerns and the government of its subordinates, as
shall be deemed advisable, and to alter or amend the same at
pleasure : Provided, that such constitution and by-laws,
rules and regulations shall not conflict with the constitution
and laws of this state and of the United States.
Hold property. § 3. The said corporation, by the name and style afore-
said, shall be capable, in law, o± purchasing, holding and
conveying real and personal estate, for the benefit of said
corporation ; to create a charity and educational fund, a repre-
sentative fund, a library fund, and a Grand Grove fund, and
for no other use or benefit whatever : Provided, that said cor-
poration shall not, at any time, hold personal or mixed pro-
perty to an amount exceeding one hundred thousand dollars,
nor real estate to an amount exceeding two thousand acres
of land.
Proviso.
BENEVOLENT SOCIETIES. 75
§ 4. The said corporation shall l#lve power to loan May loan money
money belonging to the same, and take promissory notes or
other evidences for the money so loaned, which may be re-
covered in their corporate name aforesaid, in all courts and
places whatever, where judicial proceedings are had.
§ 5. The said corporation shall not have the power to
borrow money or receive money on deposit or in trust.
§ 6. In the management of its business concerns said Acge^ts aml °m"
corporation is hereby authorized to appoint such agents,
officers and attorneys, for that purpose, as, from time to
time, may be deemed proper.
§ 7. Each subordinate Grove, under the jurisdiction of Powers-
the aforesaid Grand Grove, now in existence or which may
hereafter be chartered by the same, is also hereby declared
to be a body politic and corporate, by and under the name,
style and number set forth in their respective charters ; and
by such designation they may respectively sue and be sued,
plead and be impleaded, prosecute and defend against all
suits arising in law or chancery, in all the courts of this
state. The said subordinate Groves, respectively, shall be
capable, in law, ot purchasing or receiving by purchase,
gift or otherwise, and of selling and conveying real and
personal estate, for the benefit of said subordinate Groves,
respectively: Provided, that neither of said Groves shall,
at any one time, hold real estate exceeding in value thirty
thousand dollars.
§ 8. So far as applicable, the provisions of sections four,
five and six of this act, shall be applicable tj each of said
subordinate Groves.
§ 9. In case any subordinate Grove, under the inrisdic- Forfeiture o
• • /- • ■ • • charter.
tion ot said Grand Grove, shall cease to exist or forfeit its
charter, then all the estate, real and personal, together with
all the records, books, papers, vouchers, furniture, jewels,
seals and fixtures, belonging to such Grove, shali immedi-
ately vest in said Grand Grove, and all personal property,
books, records, papers, vouchers, jewels, seals, furniture,
deeds, money, evidences of debt, leases or mortgages, belong-
ing to said Grove so forfeiting its charter or ceasing to exist,
shall be delivered over by its last secretary or treasurer of
the same, or any other persons having custody of them, to
the proper officer or agent of said Grand Grove, on de-
demand, and, on failing to do so, each and every member
of such delinquent Grove shall be liable to said Grand
Grove, in an action of debt, for the full value of the same.
§ 10. This act shall be deemed a public act, and shall be
liberally construed by all courts for the benefit of the cor-
poration herein created, and shall take effect and be in force
from and after its passage.
Approved February 16, 1865.
BENEVOLENT SOCIETIES.
In force Feb
1S65.
14. AN" ACT to incorporate " The Old Ladies' Home, of Chicago, Illinois."
tyle of Home
Power-
Extent
erty.
Officers
Life member
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Benja-
min W. Raymond, O. II. Tiffany, George D. Cummins, W.
W. Everts, 'F. W. Fisk, Robert Colly er, J. Y. Scammon, A.
H. Campbell, Mark Kimball, S. P. Farrington, and their
associates and successors, be and they are hereby created a
bodyr corporate and politic, by the name and style of " Tiie
Old Ladies' Home, of Chicago, Illinois," and, by that name,
they and their successors shall have perpetual succession,
and capable, in law, of contracting and being contracted
with, suing and being sued, of having and using a common
seal ; of purchasing, holding and using, l'or the benevolent
purposes of the society, such buildings and real estate, with
other property, as may be necessary to accomplish the ob-
jects of said society, that is to say: To constitute and pro-
vide a home for aged ladies, (not less than sixty years of
age,) and otherwise homeless, where, on suitable conditions,
they may spend their remaining years in circumstances of
comfort and usefulness, subject only to such rules and arti-
cles of association, and holding only such relation to the
members and supporters of the society, and to each other,
as may be found necessary to constitute and sustain a well
of prop- regulated christian family ; such real estate not to exceed in
value the sum of fifty thousand dollars ; and of which the
house itself, or homestead buildings proper, with the lot or
lots on which it may be situated, to Be free from all taxa-
tion, so long as held and used for the benevolent and chari-
table purposes of the society, with power to sell and convey
the same, or any part or parcel thereof, whenever, in the
opinion of the board of managers, the wants of the society
shall call for changes, alterations or improvements.
§ 2. The officers of the society shall be a president, and
as many vice presidents, less three, as there may be differ-
ent denominations co-operating to sustain the society, a sec-
retary, a treasurer, and a board of managers, which board
shall consist of eight persons, (three gentlemen and five
ladies,) to be selected from each of the protestant denomina-
tions or religious societies in Chicago whicii shall co-operate
in sustaining the society.
§ 3. Any person contributing, annually, not less than
five doliais, sh. ill become thereby a voting member of the
society. A contribution of twenty-five dollars, at one time,
shall constitute a life-membership. Those contributing fifty
dollars, at one time, shall be denominated benefactors ; and
those contributing one hundred dollars, at one time, shall be
styled patrons ; to each of which classes of members certifi-
cates of membership shall issue accordingly, signed by the
secretary.
BENEVOLENT SOCIETIES. 77
§ 4r. The business of the society shall be intrusted to find Manasers.
conducted, at all times, by a board of managers, constituted
as provided for in the second section, and to be elected an-
nually, at the annual meeting of the society, to be held on
the second Monday of November, in each year, each mem-
ber of the society being entitled to one vote.
§ 5. The board of managers, at their first regular meet- Election of ofti-
ing after their appointment, shall elect, from their own num-
ber, the president, the vice presidents, (one from each of the
co-operating denominations, except the three from which
the president, secretary and treasurer shall be chosen ;) the
secretary and treasurer to hold their respective offices for
one year and until their successors shall be chosen.
§ 6. The board of managers shall have power to enact By-iaws.
by-laws, make contracts, appoint a matron, who shall have
the general supervision and direction of the internal family,
affairs and housekeeping of and at the home or homestead,
subject to the control and direction of the board, and all such sub. officers.
subordinate officers and agents as may be found necessary
and convenient to effectuate the benevolent purposes of the
founders and members of the society.
§ 7. The president, vice presidents, secretary and trea- Duties of officers
surer, shall perform the duties usually belonging to officers
of like grade, and subject to such rules and regulations as
the board of managers shall, from time to time, prescribe ;
they shall be the executive and administrative officers of the
board, to carry into effect their purposes and the objects of the
society.
§ 8. The secretary shall also keep a record of the names Record of acts.
and ages of all persons assisted by the society, the names of
the members of the society, with the amount and grade of
their respective contributions thereto ; ho shall receive and
collect all dues from the collectors, and pay over the same to
the treasurer, record the proceedings of the board of mana-
gers, and, at every stated meeting of the board, exhibit a full
account of cash received, as also of cash paid over to the treas-
urer ; he shall, also, at every meeting, call the roll of mem-
bers, and submit the minutes of the last preceding meeting
for approval ; he shall give due notice of all meetings of the
society, and of the board of managers, besides conducting the
society's correspondence, and preparing the annual reports.
§ 9. It shall be the duty of the treasurer to receive and Treasurer's duty
hold, subject to the order of the board, all moneys intrusted
to his care ; to report at the stated meetings of the mana-
gers all receipts and expenditures, together with a written
and audited account of the same at the annual meeting of
the society. The auditor shall be appointed by the board
of managers at the same time with the other officers. All Drafts, how
drafts on the treasurer shall be drawn by the secretary, and drawn'
bear the approval (by indorsement) of the president, or of a
vice president and one manager.
78 BENEVOLENT SOCIETIES.
*ingsthly meet' § 10- Tne board of managers shall meet on the first
Thursday of each month, to confer with each other, and to
devise means and measures promoting the welfare of the
society, and to adopt and execute such measures, at their
discretion. Five members of the board, attending any reg-
ular meeting, shall constitute a quorum, competent to trans-
act ordinary business; but not less than ten members must
Bylaws. be present at the adoption of by-laws and at the choice of a
president of the society.
Present officers. •§ n# The officers hitherto and now acting in behalf of
the association, which has been heretofore active in promo-
ting the objects of an unincorporated society of the same
name, in the city of Chicago, and for the same objects con-
templated by this act, and who have, for the more conve-
nient transaction of their business, applied for and obtained
the passage of this act, are hereby approved and adopted as
the officers of the society for the current year, to hold until
their successors shall be duly chosen under this act, that is
to say : B. W. Raymond, president; O. II. Tiffany, George
D. Cummins, W.W. Everets, F. W. Fiske, Robert Collyer
and J. Y. Scam m on, vice presidents; A. H. Campbell, sec-
Managers, retary, and Mark Kimball, treasurer. The board of mana-
gers is also continued for the current year, as shall appear
by the records and papers of the late association to be
merged into the society hereby incorporated to take1 its
place.
Beai^rtatetobe § 12> Tiie real estate on which the home buildings of
the aforesaid late association are situated, in the city of
Chicago, and heretofore held in trust by some one or more
of the members, and any other real estate that may be held
in like manner, and for the same objects, shall be conveyed
to and held by the society hereby created, under its corpo-
rate style and name, as soon as convenient after this act
shall take effect ; and all future purchases or acquisitions of
property, of any description, dedicated by the act of the
givers or receivers to the use of the society, shall be con-
veyed and held in like manner ; and in case of a sale or
Deeds, how exe- sales of real estate, which future convenience or enlargement
may prompt or require, the deed or deeds to effectuate the
same shall be executed by the president and secretary, with
the corporate seal affixed, under such, rules as the board of
managers shall determine.
Be- 'ciaries. § 13. Beneficiaries are to enter and become inmates of
the home family only by consent of the board of managers,
and on payment to the society of one hundred dollars, or
such other sum as may be determined on at an annual meet-
ing, and, being duly received, are to be entitled to enjoy the
privileges and advantages of the home for life ; they are to
be at liberty to come and go at their own pleasure, subject
only to the reasonable consent of the matron ; their claim
on the society is to be inseperable from residence at the
BENEVOLENT SOCIETIES. 79
homestead, where, except during temporary absence, they
are to be considered entitled to home residence, suitable
medical care and attendance, and all necessary comforts of
living and support at the home and while they remain in it.
§ 14. This act shall take effect and be in full force imme-
diately after its passage.
Approved Februirv 14, 1865.
AN ACT to incorporate the Home for the Children of Deceased and Disa- In force Feb. 16
bled Soldiers. 1St"J-
Whereas John Wood, l^ehemiah Bushnell, Charles A. Sav- Asylum forcim-
age, Edward Wells, Charles E. Allen, Charles EL Curtis,
Amos Green, W. B. Powers, Charles Chandler, A. C. Har-
'" ding, Myron Phelps, and various other persons, have here-
tofore become associated together, for the purpose of es-
tablishing and maintaining an asylum for the children of
deceased and disabled soldiers in the city of Quincy, and
state of Illinois ; in pursuance of which object said persons
above named, and their associates, have taken steps for
the purpose of the purchase and erection of buildings and
the maintaining of an institution as aforesaid; therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Wood, Nehemiah Bushnell, Charles A. Savage, Edward
Wells, Charles E. Allen, Charles H. Curtis, Amos Green,
Wm. B. Powers, Charles Chandler, A. C. Harding, Myron
Phelps, William H. Pay. William A. Grirashaw, and their
successors in office, are hereby created a body corporate and
politic, by the name and style of the k' Home for the Children style and name.
of Deceased and Disabled Soldiers ;" and by that name
shall have perpetual succession, and shall have power to Powers.
contract and be contracted with, to sue and be sued, to plead
and be impleaded, to hold all kinds of property, real, per-
sonal and mixed, which said corporation may acquire, by
gift, grant, purchase, donation or otherwise, and to do and
perform all such acts and things as may become necessary
for the advancement of the purposes of said institution ; and
said corporation shall have the power to dispose of, convey
or mortgage its property, at pleasure ; to have and use a
common seal, and alter the same at pleasure; to make and By-ia»s.
alter such by-laws, for the government of said corporation,
its officers and agents, not inconsistent with the laws of this
state; and shall have and enjoy and may exercise all the
powers, rights and privileges which other corporate bodies
may do, for the purposes mentioned in this act.
80 BENEVOLENT SOCIETIES.
object. | 2. The objects and purposes of said corporation shall
be the nurture, education and relief of the children of de-
ceased and disabled soldiers.
Trustees. g 3# The persons named in the first section, and their
successors, shall be trustees of said corporation, any five of
whom, on due notice being given of the time and place of
meeting, shall form a quorum, to transact business, and shall
have power to erect the necessary buildings ; to fill any va-
cancy or vacancies which may happen in said board, to ap-
point a president, principal, teachers, matrons and any other
agents and officers, and to do all other acts and things which
ma}r be necessary to carry out the objects contemplated by
this corporation.
Trustees to be g 4. The trustees of said corporation shall be the legal
guardians of all children that by the provisions of this act
shall be surrendered to the said corporation, and they may,
at their discretion, indenture such children to an honorable
trade or employment ; but in all cases provisions shall be
made in the indenture by which said children are bound to
service, for securing an education proper and suitable for
the condition and circumstances in life of such children.
Tee"u™-dianr t0 § 5. In case of the death or legal incapacity of a father,
or in case of his neglecting to provide for his children, the
mother shall be considered their legal guardian, for the pur-
pose of making a surrender of them to the charge and cus-
tody of this corporation ; and, in all cases where the person
or persons legally authorized to act as the guardian or guar-
dians of any child are not known, the judge of the county
court may, at his discretion, surrender such child to said
corporation.
vested rights. § 6t The articles of association of said asylum, hereto-
fore formed, not inconsistent with this act, shall be and re-
main the rules and regulations and by-laws of the corpora-
tion hereby created, until repealed or changed by said cor-
poration ; and all property, rights, credits and interests of
said association shall be and are hereby vested in the corpo-
ration hereby created, with full power in said corporation to
maintain actions for the recovery of any such rights, credits
and interests, if necessary, whether the same have accrued
to said association by voluntary subscription or otherwise.
§ 7. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
BENEVOLENT SOCIETIES. Si
AN ACT to amend an act entitled " An act to incorporate the Chicago Home In force April 18,
of the Friendless." 1865-
Section 1. The regular annual meeting of the officers Annual meeting.
and managers of said corporation, for the election of presi-
dent, vice president, secretary and board of female mana-
gers, shall be on the second Monday of January in each
year, instead of the first Monday of January of each year,
as provided in said charter. Should there, from any cause, Election of ota-
fail to be an annual meeting or annual election, the presi- ceis-
dent, or any three of the board of managers, may call an
annual meeting, by giving two days' notice of the same, in
any one of the Chicago papers, at which called meeting they
can proceed to elect a president, vice president, secretary
and a board of female managers.
§ 2. Upon the hearing of any habeas corpus, for the cus- Habeas corpus
tody of any child, and it appears that said child has been
surrendered to said Home of the Friendless, under the pro-
visions of said act of incorporation, by any officer authorized
under said act to make a surrender of such child to said surrender of
Home of the Friendless, such surrender shall be taken by
all courts of justice as conclusive that said child was legally
and properly surrendered to said Home of the Friendless,
and that said Home of the Friendless were entitled to the
custody and guardianship of said child, under the provisions
of said act.
Approved Februarv 16, 1865.
AX ACT appropriating one thousand dollars to the Home of the Friendless In force Feb. '
of the City of Springfield. 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the sum
of one thousand dollars be and the same is hereby appro- Appropriation
priated, out of any money in the state treasury not otherwise
appropriated, for the benefit of the Home of the Friendless
of the City of Springfield, for the relief of the suffering refu-
gees, lately arrived in this city, and now a charge upon said
institution.
§ 2. The auditor of the state is hereby instructed to draw Agent of Home,
the warrant on the treasurer for the said amount, payable
to General John "Williams, who is hereby constituted the
agent to receive the same and pay it over to the proper offi-
cers of said institution.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 7, 1865.
—9
S3 BENEVOLENT SOCIETIES.
In force Feb. 13, AN ACT to incorporate the Laborers' Benevolent Association of Chicago.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That P. Gar-
Name of corpora- rity, president ; P. Hart, vice-president; J. A. White, second
vice-president; Samuel McKay, treasurer; Christopher
Heavy, James Ryan, James Stevens, Jacob Zazel, and P.
Malloy, trustees ; Stephen Fitzgerald, recording secretary ;
JVI. Mahoney, financial secretary; Jacob Weisner, warden;
and Anthony Iiause, assistant warden, and the other mem-
bers now belonging to the Laborers' Benevolent Association
of Chicago, now existing in the city of Chicago, in the state
of Illinois, and such other persons as may hereafter be ad-
mitted members of said association, according to the rules
and regulations thereof, be and are hereby declared and
constituted a body politic and corporate, under the name
and style of '"The Laborers' Benevolent Association of
Chicago ;" and, henceforth, shall be known by that name
rime of exist- and style; and by that name and style shall remain and
have succession for fifty years, with power, in and by that
rowers. name and style, to sue and Lie sued, plead and be impleaded,
prosecute and defend, in all manner of actions, at law or
equity, in all courts whatsoever; and, if necessary, to sign,
execute and deliver, by the president and recording secretary
of said association, for the time being, under the seal thereof,
all arbitrations and other bonds, in obtaining the legal rights
• Hold property, and advancing the interests ot said association; and, also,
in and by such name, to acquire, by devise, bequest or pur-
chase, real, personal or mixed property or estate, and grant,
Loan money. bargain, sell, alien and convey the same, and to loan the
moneys and funds' of said association, and take promissory
geal- notes, bonds, mortgages or other evidences of indebtedness,
1'or the moneys so loaned ; and to have and use a common
seal, and change the same at pleasure ; and to make and,
from time to time, to alter, as the association may deem
proper and expedient, the constitution and by-laws for said
association, as a majority of the members present at any
proviso. regular meeting may determine: Provided, such constitution
and by-laws shall not conflict with the constitution of this
state or of the United States or the laws thereof. Said con-
stitution and by-laws, when entered of record on the books
Evidence. of said association, shall be in full force ; and, on the produc-
tion and proof of the said books, shall be received as evidence
of the facts therein stated, in all courts of justice, and upon
all lawful occasions.
Extent of pro- § 2. The said corporation shall not, at any time, hold
personal property exceeding in value fifty thousand dollars,
nor real estate exceeding in value fifty thousand dollars ;
and the personal property belonging to said association shall
not be appropriated otherwise than for the improvement of
the real estate, for the benefit of said association, and to
perty.
BENEVOLENT SOCIETIES. C3
such benevolent and other purposes, and in such manner as
shall be provided in the constitution and by-laws of said
association.
§ 3. The office and meetings of said association shall be omce and meet-
kept and held in the city of Chicago ; and in case any dona- lngs*
tion, devise or bequest shall be made to said association, or
to any person for the use thereof, for a particular purpose or
purposes, and said association shall accept the same, any
such donation, devise or bequest shall be applied only in
conformity with the express condition or conditions of the
donor or testator.
§ 4. The object of this association is hereby declared to object
be to give aid and assistance to each other in sickness, dis-
tress and death, and to the families of each other, in like
cases, and, slso, for the purpose of promoting the general
welfare and improvement of the laboring classes in the city
of Chicago.
§ 5. This act shall be deemed a public act, and shall be
in force fifty years from and after its passage and approval.
Approved February 13, 1865.
AN ACT to amend an act entitled, "An act for the incorporation of the in force Feb. 16,
Grand Lodge of the State of Illinois of the Independent order of Odd Fel- 1865.
lows, and the subordinate lodges thereunto belonging."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That said
corporation, and each of said subordinate lodges, shall have powers,
power to loan money belonging to the same, respectively,
and take promissory note or other evidences of debt for the
money so loaned, or any property sold, which may be re-
covered in the corporate name aforesaid, in all courts or
places where judicial proceedings are had.
§ 2. In case any subordinate lodge under the inrisdiction charter: how
of said grand lodge shall cease to exist, or forfeit its charter, '
then all the estate, real and personal, together with all the
records, books, papers, vouchers, furniture, jewels, seals and
fixtures, belonging to such lodge, shall immediately vest in
said grand lodge ; and all personal property, books, records,
papers, vouchers, jewels, seals, furniture, deeds, money, evi-
dences of debt, leases or mortgages, belonging to said lodge
so forfeiting its charter or ceasing to exist, shall be delivered
over, by its last secretary, treasurer or trustees of the same,
or other person or persons having custody of them, to the
proper officer or agent of said grand lodge, on demand ; and Liability of offi-
the person or persons holding or having in their possession cers'
such funds or property, failing to do this, each and every
84: BENEVOLENT SOCIETIES.
such person shall be liable to the said general lodge in an
action of debt for the value of the same.
§ 3. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 15, AN ACT to incorporate the Chicago Nursery and Half Orphan Asylum.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Mrs.
style and name. Oliver E. Hosmer, Mrs. Samuel Howe, Mrs. Chauncey N.
Shipman, Mrs. Janvier Leduc, Mrs. John P. Chapin, Mrs.
Robert H. Clarkson, Mrs. Hiram Reynolds, Mrs. Stephen
C. Higginson, Mrs. Simeon H. Smith, Mrs. Coryden Beck-
with, Mrs. Horace C. Livingston, Mrs. Wesley Munger,
Mrs. David J. Ely, Mrs, Edward G. Sonne, Mrs. Oliver
H. Lee, Mrs. John U. Quinlan, Mrs. Anton C. Hessing,
Mrs. James F. White, Mrs. Eliphalet Wood, Mrs. John
L. Wilson, Mrs. John De Loren, Mrs. James H. Bo wen,
and Miss Elizabeth A. Blakie, and their associates and
successors, be and they are hereby created a body politic
and corporate, under the name of "The Chicago Nursery
and Half Orphan Asylum," and by that name shall have
perpetual succession, with power to contract and be con-
tracted with, to sue and be sued, to have, use, and at pleasure
to hold and seii alter a common seal; to acquire and receive, by purchase,
gift, grant, devise or bequest, or otherwise, property, real,
personal and mixed, and to hold, use, transfer, convey or
dispose of the same, for the general purposes and objects for
which said corporation is created.
objeet. § 2. The object of this corporation shall be the care and
maintenance of the children of poor women, for the purpose
of enabling the mothers to find employment. Also, the care
and maintenance of such children as are deprived, by death
or otherwise, of the protection or support of either parent.
Also, the care and maintenance of such children as shall, by
agreement of their parents or guardians, be placed in charge
of this institution, together with the exclusive direction and
education of all of the children aforesaid, whilst they shall
remain in the charge of this institution.
Time ami place § 3. Said corporation shall execute its benevolent objects
aforesaid within the city of Chicago, and shall be organized
in the following manner : Upon the publication of a notice,
in one of the daily newspapers of said city, signed by the
first five persons named in the first section of this act, stating
the time and place of such meeting, there shall be held a
meeting of the corporators named in said first section, or of
such of them as shall attend at the time and place thus
BENEVOLENT SOCIETIES. c5
designated, who shall, by a majority vote, elect a board of Directors,
directors of said corporation, to consist of not less than nine
of said corporators. Said board of directors shall hold their
offices for one year, and until others are designated in their
place.
§ 4. The board of directors shall possess all the powers Powers of din>c-
of the corporation, and shall manage its business with the
aid of such officers, agents, teachers and servants as they
may elect, appoint or employ. They may make all neces-
sary by-laws, not inconsistent with the laws of this state, for
the management of the business; the control and disposition
of the property and funds of the corporation ; for the recep-
tion, care, custody, education and maintenance of the chil-
dren aforesaid ; for the election of the officers and appoint-
ment of the teachers, agents and servants of the corporation,
and the designation of their duties ; and may alter and
amend such by-laws in such manner as shall be therein
provided.
§ 6. All money or property received or held by this cor- securities,
poration shall be faithfully applied to the objects and pur-
poses in this act specified ; and the faithful collection, custody
and distribution of its funds and other property may be
secured by such bonds and other securities as the board of
directors shall require.
§ 6. All the funds, property and securities held or owned Transfer of fundi
by the voluntary association in the city of Chicago, hereto-
fore organized and known by the name of " The Chicago
Nursery and Half Orphan Asylum," may be transferred to
and held, managed and disposed of by the corporation crea-
ted by this act for the purposes specified in this act.
§ 7. To aid in carrying out the charities of this corpora- Land may t>s
tion, the city of Chicago may, upon the passage by the city leased'
council of an ordinance authorizing the same, lease, for a
nominal sum, and for such term as such ordinance shall
specify, or may grant and convey, for a nominal sum, to this
corporation, the triangular lot of land within said city owned
by said city, and bounded easterly by North Clark street,
west by North LaSalle street, and south by North Avenue,
in block numbered 108, in Benson's addition to Chicago.
§ 8. The lands and other property of said corporation
shall be exempt from taxation or assessment for state, coun-
ty or city purposes : Provided, that the amount of property Proviso,
so held exempt from taxation shall not, at any time, exceed
in value one hundred thousand dollars.
§ 9. Said corporation may purchase or erect such build- Buildings.
ings and improvements as may be necessary or convenient
to the carrying out of its charitable objects.
8 10. The board of directors of said corporation may de conditions o
, ° . ,, j... . . , ' , J membership.
termme the conditions upon which any person may become
and continue a member of said corporation, and entitled to
a vote at the election of its directors ; and may also establish
S6 BENEVOLENT SOCIETIES.
honorary memberships and life memberships, under such
conditions as they think proper.
§ 11. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
Jn force Feb. 16, AN ACT to incorporate the Evangelical Protestant Widows' and Orphans'
5- Aid Society of the city of Quincy, Illinois.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Louis
Name. Gohn, Frederick Eeineker, Henry Heidbrader and Gerhard
Ahrend, their associates and successors, be and they are
hereby declared and constituted a body corporate and politic,
by the name and style of ''The Evangelical Protestant "Wid-
ows' and Orphans' Aid Society of the city of Quincy, Adams
county, Illinois," and by that name shall have perpetual
succession, with power to sue and be sued, plead and be
impleaded, to acquire, hold and convey property, real, per-
sonal and mixed, in all lawful ways ; to have and to use a
s^1- common seal, and alter the same at pleasure; to make, alter
and amend such constitution and by-laws, not inconsistent
with the constitution and laws of the United States and of
this state, as they have heretofore adopted or may hereafter
deem necessary for the government of said society, its offi-
cers, agents and servants.
§ 2. The proceedings and actions of said society shall be
in accordance with the provisions of the constitution hereto-
fore adopted by said society as therein contemplated and
intended, until the same shall be altered or amended by
said society.
§ 3. Ko misnomer of said corporation shall defeat or
annul any gift, grant, bequest or devise to or for said corpo-
ration, and said corporation shall be bound to appropriate
and use any bequest, devise, gift or grant, in such manner
as shall be indicated by the party making the said grant,
gift, bequest or devise.
§ 4. This act to take effect from and after its passage.
Approved February 16, 1865.
BENEVOLENT SOCIETIES. 87
AN ACT to incorporate the Operative Plasterers' Protective and Benevolent la force Feb. 16,
Society. 1S65-
Section 1. Be it enacted ly the ±-eople of the State of
Illinois, represented in the General Assembly, That John
G. .Norton, Michael Cassidy, William Pickett, William style of.
MeDonell, Alexander Watts, John C. Hartwell, William T.
Hall, Arthur Connolly, Robert Tobin and Alexander
McAdams, and their associates, are hereby constituted a
body corporate and politic, by the name and style of "The
Operative Plasterers' Protective and Benevolent Society,"'
and by that name shall have perpetual succession, and shall
have power to contract and bo contracted with, to sue and
be sued, to plead and be impleaded, to have and use a com- common seal.
inon seal and to change the same at pleasure, and to do and
perform all such acts and things as are or may become ne-
cessary for the furtherance and advancement of the pur;
of said corporation, as fully and completely as natural p( i -
sons might or could do.
§ 2. The objects and purposes of said corporation shall 0bjectof-
be the mutual benefit and protection of its members, to ex-
tend relief to them in sickness or infirmity, and to bury de-
ceased members.
§ 3. The said corporation may receive, take and hold, Hold vw**-
either by gift, purchase, devise, bequest or otherwise, any
real or personal estate for the use of and for the advance-
ment of the purposes of said corporation, and may rent,
lease, sell, convey, or in anywise dispose of the same ac-
cording to the by-laws of said corporation, providing such Extent,
real and personal property shall not exceed in value twenty-
five thousand dollars.
§ 4. The officers of.said corporation shall be a president, 0fficers-
vice president, recording secretary, corresponding secretar}',
and treasurer, and aboard of trustees of five in number, exclu-
sive of the president and recording secretary, who shall be, ex ■
officio, members thereof. The president, vice president, re-
cording secretary, corresponding secretary and treasurer shall
be elected semi-annually and by ballot on the first Tuesday
of the months of May and November in each year ; and the
members of the board of trustees, exclusive of the ex officio Ex officio mem-
members thereof, shall be elected annually by ballot on the
first Tuesday of May in each year, and the officers elect
shall assume their offices at the first regular meeting after
their election.
§ 5. The persons in the first section of this act men- officers,
tioned, shall hold the following offices respectively until the
first Tuesday of May, a. d. 1865, viz: John G. Norton,
president; Michael Cassidy, vice president; William Pick-
ett, recording secretary ; William MeDonell, corresponding-
secretary ; Alexander Watts, treasurer; and John C. Hart-
well, William T. Hall, Arthur Conolly, Robert Tobin, Alex-
b8 BENEVOLENT SOCIETIES.
ander McAdams, and the said John Gr. Norton and Wil-
liam Pickett, ex officio, the board of trustees.
Vfin«Ty' h°w § 6- I" casG °*' an^T vacancy °f cither of said offices by
death, resignation or otherwise, the board of trustees shall
have power to fill such vacancy until the next annual elec-
tion, and it shall require a majority of said board to consti-
tute a quorum for the transaction of business.
ilL'mbers" § 7. Any operative plasterer of good moral character
may become a member of the said corporation upon such
terms and conditions as may be prescribed by the bydaws
of said corporation.
By"law3- § 8. Said corporation is hereby authorized to establish
and enforce such rules, regulations and by-laws for the man-
agement of their business as they may deem proper, and re-
peal, alter and amend the same at pleasure.
§ 9. This act shall take effect and be in force from and
after its passage.
Appkoved February 16, 1865.
In force Feb. 1C, AN ACT to incorporate "The Kcdemptorist F.ithors of Chicago."
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Name and style. J)Q Dyeker, Albert Scheeffler, Charles Halm, Francis Xa-
vier Seelos and Wencelaus Neumann, and their associates
and successors, are hereby constituted a body corporate and
politic, by the name and style of "The Redemptorist Fathers
of Chicago," and by that name have perpetual succession,
power?. and shall have power to contract and be contracted with,
to sue and be sued, to plead and be impleaded, and to do
and perform all such acts and things as are or may become
necessary for the furtherance of the purposes ot the said
corporation, as fully and completely as a natural person
might or could do, and also to adopt a common seal, and the
same to alter or change at pleasure.
0bjectof- § '2. The object and purpose of said corporation shall be
the religious instruction of the people, especially of poor
and neglected persons, taking care temporarily of small con-
gregations not able to support a clergyman, to give and hold
missions in cities and villages, to establish and hold schools
for religious, moral and general education of children and
orphans, and to visit the sick, destitute and poor, to comfort
them and diminish their sufferings.
Members! of § 3. The said corporation shall have full power and au-
thority to provide for the admission, rejection and expulsion
of members, and to make all the by-laws, rules and regula-
tions necessary for the government, of the corporation.
BENEVOLENT SOCIETIES. oy
§ 4. The said corporation may, in their corporate name, iioia property.
take, receive, hold, own and enjoy, by gift, grant, devise,
bequest, donation and otherwise, and may acquire in fee or
for any less estate, real estate chattels, real and personal
property and choses in action necessary or convenient for
the promotion of the said object or purposes, and to grant,
bargain, sell, convey, mortgage, execute deeds of trust for
and lease the same; and all real estate and personal property
to an amount not exceeding one hundred thousand dollars Extent of funds.
in all, held by or for the use of said corporation, and occu-
pied or used by it, shall be free from taxation.
§ 5. This act shall take effect and be in force from and
after its passage, and be deemed a perpetual charter.
Approved February 16, 1865.
AxV ACT to incorporate the "Roman Catholic Total Abstinence and Benevo- Ia foi'i|6|f ' 16'
lent bfociety of the City of Chicago."
Section L Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Rev.
Joseph P. Roles, John Eden, John Connell, James Thomp-
son, R. P. Collins, Patrick P. Kehoe, Peter Lutz, Daniel
O'Loughlin, John Ryan, John Hal iinan. Daniel Donoghue,
John Conway, Dennis Deegan, Patrick Gray, Andrew Bro-
phy, Thomas Molley, Charles Kelley, Michael Darsey, Pat-
rick Graham, James M. Cole, John II. Donlin, Michael
Quinlan, John Connell, Daniel Iianley, John bfanton, Pat-
rick Nolan, Michael Heath, Thomas Maley, Anthony Gil-
lespie, Patrick Murphy, Michael Crow, John Ryan, Thomas
Murnan, Stephen Grady, James Cavanaugh, Stephen
McNichoias, Daniel Dignan, Thomas Tobin, Michael Kin-
ny, Patrick Nicholson, James Donovan, James Parrington,
John Murphy, W. K. Lee, John Malley, James Murnn,
Dennis Deegan, John McAneff, Thomas Ellibert, Thomas
Dawson, John Callinan, James Gubbins, John Gray, Tim-
othy Hartigan, William Fiannery, Francis Bellew, John
Keefe, William Spain, Peter Spain, Patrick Powers, James
Coffey, Terence McHugh, John Carroll, Thomas Dolton,
Bryan Malloy, John (J. Donnell, Michael Ryan, James
Cashin, Patrick Carroll, John Kennedy, Thomas Ryan
James McGuire, Thomas Eden, James O'Hara, Daniel
Murphy, Michael Gilday, Garrett Berry, Michiel O'Mara,
Michael Sheedy, Thomas Logan, Bernard Fiannery, John
O. Day, Bernard Hanratty, James Saul, Patrick Rodgers,
Thomas Hery, John Queeny, and Thomas Hanrahan, and
all other persons who now are, or may hereafter become, Ngme ^ gt la
and shall so remain, members of " The Roman Catholic ^
90
BENEVOLENT SOCIETIES.
Existence.
Powers.
Funds,
plied.
By-lnv73.
To hold proper
ty.
Proviso.
Extent of prop-
erty.
Funds loaned.
Forfeiture
membership.
Total Abstinence and Benevolent Society of the city of
Chicago," from and after the passage of this act shall be and
they are hereby constituted a body corporate and politic by
the said name and style of "The Roman Catholic Total Ab-
stinence and Benevolent Society of the city of Chicago,"
and by that name shall have perpetual succession, and be
capable to sue and be sued, to plead and be impleaded, an-
swer and be answered unto, defend and be defended, in all
courts and places whatsoever; and shall have a common
seal, ana may alter the same at pleasure ; shall make a
constitution and such by-laws, not repugnant to the consti-
tution and laws of this state or of the United States, as shall
from time to time bo necessary or proper, and may annex
to the breach of such constitution or of any one or more of
the by-laws, or of any pare thereof, such penalty Ivy fine, dis-
mission or expulsion, as the said corporation may deem fit.
§ 2. The funds of this corporation shall be applied to
the relief of its members in sickness, and to their interment
after dentin and to the relief of their widows and orphans,
and to such other benevolent purposes, in the mode which
may from time to time be prescribed by the by-laws.
§ 8. The constitution and by-laws of this society, now in
operation, shall govern the corporation hereby created, until
regularly altered or repealed by the society ; and the present
officers of said society shall be the officers of the corporation
hereby created until their respective terms of office shall
regularly expire or be sooner vacated: Provided, that noth-
ing in such constitution and by-laws contained be inconsist-
ent with the constitution and laws of the United States or of
this state.
§ 4. The said corporation may accpuire by gift, grant,
bequest, devise or purchase, real and personal property, and
may use, hold, lease, mortgage, encumber, alien, sell, grant,
release and convey, in fee or for a lesser estate, all such real
and personal estate : .Provided, all such assurances are made
by deed, under the corporate seal, duly executed by the
president and secretary for the time being.
§ 5. The corporation shall not at any one time hold or
own more than fifteen thousand dollars' worth of real estate,
the value thereof to be determined by the valuation at the
time on the assessors' books for the county within- which
the real eatafe may be situate ; nor shall it hold or have
more than five thousand dollars' worth of personal property
at any one time.
§ 6. The funds of the society may be loaned out, on real
or personal security, for such times and upon such terms as
may be approved by the board of managers.
§ 7. The members of the corporation shall be liable to
pay to the society such moneys, at such times as may be
fixed on by any of its by-laws existing at the time of their
becoming members, and upon any failure to pay the same,
BENEVOLENT SOCIETIES. 91
may be proceeded against by suit, in the name of the cor-
poration ; or their membership and interest therein may be
declared forfeited, at the discretion of said corporation.
§ 8. No partial misnomer of said corporation shall de-
feat or annul any gift, grant, bequest or devise to, or for
said corporation ; but in all cases the board of managers
shall be bound to appropriate and use any bequest, devise,
gift or grant, in such manner as shall be prescribed by the
party or parties making the same, unless the same shall be
inconsistent with the special objects of the society, when
such gifts, grants, bequests or devises, shall be declined,
evidence whereof shall appear duly spread out on its records.
§ 9. The catholic bishop of Chicago is hereby constitu- Legal visitor,
ted the legal visitor of this corporation, with power to visit
annually, to inquire into and correct any abuses that may
arise; also to examine into its general condition and pro-
gress, to counsel, advise, and if need be, reprimand the
board; and at such visitation the books, records and papers
of the corporation shall be opened freely to his inspection.
§ 10. This act shall be a public act, and be in force
from and after its passage.
Approved February 16, 1805.
AN ACT to incorporate St. Luke's Hospital of Chicago.
In force Jan. 2ft,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That James
H. Hoes, D. W. Page, L. 13. Otis, W". G. Hibbard, J. F.
Beaty, Thomas C. Haines, George P. Lee, Samuel Gehr, A. Name of-
C. Calkins, R. D. Yan Wagenei\ Walter Hay, and the rector
of Grace Protestant Episcopal Church of the city of Chicago,
Illinois, ex-officio, and their associates, be and they are here-
by created a body politic and corporate, under the name and
style of "St. Luke's Hospital of Chicago," and by that name
and style shall remain and have perpetual Miccession, with
power to contract and be contracted with, sue and be sued,
plead and be impleaded, to receive, take and hold, either by p&wers,
gift, grant, purchase or devise, bequest or otherwise, any
real or personal estate, not exceeding one hundred thousand
dollars in value, for the use of and advancement of the pur- ^^ 0{ !>rc"
poses of said corporation, whether the same be purchased,
given, devised or bequeathed, or conveyed directly to said
corporation, or to any of its officers, for its use, and the same
to dispose of, convey and incumber at pleasure ; to have and
use a common seal, and change the same at pleasure ; and
to do and perform all such acts and things as are or may be- seal.
come necessary for the furtherance and advancement of the
purposes of said corporation as fully and completely as a
natural person might or could do.
92 BENEVOLENT SOCIETIES.
§ 2. The objects and purposes of said corporation shall
be to provide for the sick and needy poor of Chicago.
Purpose. g 3. Any person may become an annual member of said
corporation, who shall pay to the proper officer, designated
Life member, by the by-laws thereof, the sum of twenty -live dollars annual-
ly, and a life member by the payment of five hundred dollars.
§ 4. The said corporation shall be always under the con-
trol and direction of, and its ofiicers elected and appointed
from members of the parishes of the Protestant Episcopal
control of. Church, in the city of Chicago.
§ 5. The officers of said corporation shall be a president
and a board of not less than twelve trustees, and of such
other officers, agents and committees as may be deemed by
ofiicers. said board necessary the more efficiently to carry out the
objects of said corporation.
§ 6. The present rector of Grace (Protestant Episcopal)
Church of the city of Chicago shall be, during his connec-
tion as such with such church, president of said corpora-
office of trustees tion, and, ex-officio, a member and presiding; officer of the
board of trustees, and, thereafterwards, the board of trus-
tees shall, annually, on the festival of St. Luke, elect, by
ballot, the president of said corporation, who shall be, ex-
officio, a member of the board of trustees, and presiding
proviso. officer thereof, and shall hold said office for one year or
until his successor is elected : Provided, however, that no
person shall be eligible to said office who is not rector of a
parish of the Protestant Episcopal Church in the city of
vacancy, how Chicago, or bishop of the diocese of the Protestant Episco-
pal Church of Illinois. And said board of trustees shall
have power, in case of a vacancy in said office of president,
or in any or either of the offices of said corporation, to fill
Annual election, the same until the next annual election.
§ 7. The board of trustees shall be elected annually, by
ballot, by the members of the corporation, on the festival of
St. Luke, and shall hold their offices for one year, or until
their successors are elected ; and all vacancies occurring in
said board may be filled by the remaining members thereof
First board. until the next annual election. The persons named in the
first section of this act shall be the first board of trustees,
and hold their offices until the festival of St. Luke next en-
suing the passage hereof, when the first election shall be had.
Property left. § 8. All property left in the possession of said corpora-
tion, by any person or persons dying at said hospital, not
exceeding in value one hundred dollars, shall, if the same
remain unclaimed for thirty days after the death of such per-
son or persons, become the property of said corporation, and
may be disposed of by the board of trustees as deemed best
for the interests of the corporation.
§ 9. All real estate or personal property held by and for
the use of said corporation, or occupied or used by it, shall
be free from taxation or assessment: Provided, the value of
BENEVOLENT SOCIETIES. 93
the real and personal estate so exempt shall not exceed fifty
thousand dollars.
§ 10. The board of trustees are hereby authorized to ap- Election of offi-
point or provide for the election of such officers, agents and
committees as they may deem necessary to effect the pur-
poses of said corporation, and to establish and enforce such
by-laws, rules and regulations as may be deemed necessary By-iaws.
for the appointment or election and government of the offi-
cers and members of said corporation, not inconsistent with
this act. and to govern the admission of applicants to St.
Luke's Hospital of Chicago; also, for the government, dis-
cipline, and disposal of those that maybe received as in-
mates, and for the conducting and managing of the general
business of said corporation.
§ 11. This act is hereby declared to be a public act, and
shall be liberally construed for all purposes herein contem-
plated, and shall take effect from and after its passage.
Approved January 20, 18G5.
AN ACT to incorporate the Sisters of Charity of St. Joseph, of the State of in force Feb. 15
Illinois. 1865.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Anne
Simeon Norris, Mary Olymphia McTaggart, Anne Regina Name and style.
Jordan, Mary Laura Carroll and Beata McFall, and their
successors, appointed in accordance with the rules and regu-
lations of the Sisters of Charity of St. Joseph of the State
of Illinois, whose Mother house is at Emmitsburg, in the
county of Frederick, state of Maryland, be and the same are
hereby constituted and established a body corporate and
politic, with perpetual succession, by the name and style of
"Sisters of Charity of St. Joseph, State of Illinois ;" and by
that name shall be competent to contract and be contracted
with, in all matters relating to their association; shall have
a common seal, the device of which they may form and Seal-
change, at their pleasure ; shall be capable of suing and be-
ing sued, of pleading and being impleaded, of answering
and being answered unto, in all courts of law, in this state,
or the United States, with full power and authority to ac-
quire, possess, hold, use and enjoy, by gift, grant, devise,
purchase, or otherwise, real estate and personal property,
and shall have power to sell, convey, mortgage and dispose
of the same, in any manner the said corporation or their suc-
cessors appointed as aforesaid shall deem best for the inter-
est of the corporation, and the furtherance of charitable and
educational purposes for which this corporation is created.
94
BENEVOLENT SOCIETIES.
Object of re
sion.
The said corporation, and their successors, shall have full
power and authority to make, ordain, establish and put in
force such by-laws, rules and regulations as they may deem
proper for the conduct of hospitals, schools, asylums, and
other establishments, under the care and control and the
efficient government of their own board, and the officers ap-
pointed thereby : Provided, such by-laws not being contrary
to the laws and constitution of this state and of the United
States. No property shall be held, acquired or conveyed
by said corporation, or its successors, except to promote the
ls_ objects of their mission, which is to establish hospitals, schools,
asylums and other institutions for orphans and destitute per-
sons.
This act shall take effect and be in force from and after its
passage.
Approved February 15, 1865.
In force Feb.
1SG5.
Name of cor]
ration.
Trustees
powers.
AN" ACT to incorporate the St. Joseph's Hospital at Alton.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Sister
Ann Eegina, Sister McFaul, Sister Ignatia Casey, Sister
Mary Joseph and Sister Honerine, are hereby constituted
a body politic and corporate, by the name and style of the
"Saint Joseph's Hospital ;" and by that name they and their
successors shall have perpetual succession and existence,
with power to contract and be contracted with, to sue and
be sued, to plead and be impleaded, to take or receive, by
grant, deed, devise, bequest, or otherwise, property, real,
personal and mixed, and have, hold, use, enjoy, dispose of
and convey the same; to make rules and regulations and
adopt by-laws for the government and management of said
hospital, not inconsistent with the constitution and laws
of this state or of the United States, and to do all other acts
necessary for the beneficial conducting and management of
said hospital.
§ 2. Said hospital shall be located within the city of
Alton, and shall be used for the purpose of receiving and
taking care of such sick and disabled persons as may, under
the rules of the corporation, be admitted and taken into said
hospital,
i § <■*. The persons mentioned in the first section shall con-
stitute the board of trustees of said corporation, with power
to fill any vacancies that may occur in their own body, by
death, resignation, removal or otherwise.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
BENEVOLENT SOCIETIES. 95
AN ACT to incorporate the Catholic St. Francis Benevolent Society, of the In force Fr'o. 15'
City of Chicago. 1SC5-
Section 1. Beit enacted by the Ptop'eof the Stite of
Illinois, represented in the General Assembly, That Gothard
Schaaf, John Blum, Francis Dalimen, Anton Schagen, Niel Name.
Linden, and their associates, are hereby constituted a body
corporate and politic, by the name and style of '"The Catholic
St. Francis Benevolent Society, of the City of Chicago;"
and by that name shall have perpetual succession, and shall
have power to contract and be contracted with, to sue and P(wei.3,
he sued, to plead and be impleaded, and to do and perform
all such acts and things as are or may become necessary for
the furtherance and advancement of the purposes of said
incorporation, as fully and completely as natural persons
might or could do.
§ 2. The objects and purposes of said corporation shall object,
be to extend relief and aid to its members, in case of sick-
ness or infirmity, and to bury deceased members.
§ 3. The said corporation may receive, take and hold, H°ld fnd
either by gift, purchase, devise [orj bequest, real estate and
personal property, for the use of and for the advancement of
the purposes of said corporation, and may rent, lease, sell,
convey, or in anywise dispose of the same, according to
the by-laws of said corporation.
§ 4. The officers of said corporation shall be a president, officers.
vice-president, recording and corresponding secretary, and
treasurer, who shall compose a board of trustees, to be
elected every six months, and by ballot. The said election
shall take place on the first Monday in May and first Mon-
day in November, each year; and the officers elect shall
take their places immediately after their election ; and the
persons in the first section of this act mentioned shall com-
pose the first board of trustees, and shall continue in office First board.
until the first Monday of next May, eighteen hundred and
sixty-three, and until their successors are elected; and in
case of any vacancy in either of said offices, by death, resig- vacancies, how
nation, or otherwise, the society shall have power to fill filIed-
such vacancy in the next meeting; and it shall require at
least a quorum of one-third of said members to do business.
§ 5. To qualify persons to beaome members of the said who may be
corporation, they' shall be citizens of the United States of members-
America, or at least have declared their intention to become
such, of good moral character, under the age of forty years,
and laboring under no bodily disease calculated to shorten
life. A resident of Chicago, having the above qualifications,
may become a member by the payment of such sum of
money as may be prescribed by the by-laws of said corpo-
ration : Provided, that if the corporation created by this proviSo.
act shall not organize within one year after the date of the
passage hereof, then this act shall be null and void.
96 BENEVOLENT SOCIETIES.
Bules- § 6. Said corporation is hereby authorized to establish
such rules, regulations and by-laws, for the management of
their business, as it may think proper, and repeal and alter
the same at pleasure.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
In force Feb. 1G, AN ACT to incorporate the Chicago Turn-GennMnrk'.
18G5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Joseph
style. Huhn, William Hetlich, Frederick Metztle, Jacob Krohmer,
Richard Engels, Frederick Buchmann, and their associates
and successors, be and are hereby created a body corporate
and politic, to be styled "The Chicago Turn-Gemeinde,"
and by that name to remain in perpetual succession, with
Powers. power to contract and be contracted with, sue and be sued;
to hold all kinds of property, real, personal and mixed,
which they may acquire by purchase, donation, devise, or
otherwise, necessary to accomplish the object of incorpora-
tion, and the same to dispose of and convey at pleasure ; to
Borrow money, borrow money necessary to accomplish the object and pur-
poses of the association, and to execute and deliver securi-
ties for the repayment of the same ; to have and to use a
seat. common seal, and alter the same at pleasure; to make and
alter such by-laws, rules and regulations, for the government
and management of the incorporation, its officers and
agents, not inconsistent with the constitution and laws of
this state; and shall have and enjoy and may exercise all
rowera and the poweis, rights and privileges which other corporate
ng bodies may lawfully do, for the purposes mentioned in this
act.
oiyect, § 2. The objects contemplated by this act of incorpora-
tion are, to build up in the city of Chicago, county of Cook,
and state of Illinois, an institution for the purpose of
strengthening and developing, by means of gymnastical
and literary exercises, the powers and capacities of body
and mind, and for the further purpose of assisting and re-
lieving the members of the said incorporation, when in need
and distress.
Acts legalized. § 3. The acts of the persons hereinbefore named as cor-
porators, and of their associates, which have been done in
the corporate name, and which were necessary to be done
to carry into effect the objects of said corporation, as herein
set forth, are hereby legalized ; and all conveyances of pro-
perty, real and personal, which have heretofore been made
BENEVOLENT SOCIETIES. 97
to said corporation by its corporate name, or to any person
or persons for its use, and all leases of real property which
have heretofore been made to said corporation by its corpo-
rate name, or to any person or persons for its use, are hereby
declared as valid and effectual to convey or lease the pro-
perty named in such conveyance, as though the same had
been made after the passage of this act.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Bloomington Turnverein, of the city of Bloom- In force Feb. 1«,
ington, McLean County, State of Illinois. ioGo.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Jacob
Friend, C. A. Schultz, George Klein, John Paulick , Joseph corporate body.
Glueckselig, Reinhold Graff, present members of Blooin-
ington Turnverein, of the city of Bloomington, and others,
present members of that society, and such other persons as
may hereafter be admitted members of said society, accord-
ing to the constitution, rules and regulations thereof, and
their successors, be and they are hereby created a body poli-
tic and corporate, in the city of Bloomington, and county
of McLean, under the name and style of " Bloomington
Turnverein ; " and by that name shall have perpetual suc-
cession, with power to sue and be sued, plead and be im- P°*ers.
pleaded, prosecute and defend, in all actions of law and
in equity, in all courts whatsoever ; and be capable, in law,
of taking and holding, by purchase, grant, gift, devise and
otherwise, real and personal property, for the use of said
society, to any amount not exceeding the sum of ten thou-
sand dollars; and said society, in their said name and style,
and for the use thereof, shall have the power to sell and Horld »nd eeU
convey the real and personal estate of said society, and to
loan the money thereof, and take promissory notes, bonds, Loan money,
mortgages, and other evidences of indebtedness, to secure
the same ; to have and use a common seal, and to alter the SeaI-
same at pleasure; to make, und, from time to time, to alter,
as they may think proper and expedient, a constitution and
by-laws for said society, declaring the time of electing the By-laws,
officers of the society, and the manner thereof, the number
and duties of such officers, and, generally, to make such
other provisions for the good government and existence of
said society as to them may seem proper, not inconsistent
with the constitution and laws of this state and of the Uni-
ted States.
—10
98 BENEVOLENT SOCIETIES.
Bootaof. § 2. The constitution, by-laws and proceedings of said
society shall be entered, by the proper secretary of the so-
ciety, in a book kept for that purpose ; and such book shall,
on all proper occasions, be open to the inspection and ex-
amination of any member of the society. •
office and meet- § 3. The oflice and meetings of said society shall be
ir.gs. kepf. anc| jie|c| jn fae cjj--y 0f Bloomington, county of McLean ;
and at all elections, each member who is not in arrears with
his dues to the society shall be entitled to vote ; and a ma-
jority of all the votes cast shall make an election.
§ 4. The object of this corporation is hereby declared
to be, the mutual moral, intellectual and physical improve-
ment of its members, by the use of such mental, athletic
and gymnastic exercises as shall best conduce to that end.
§ 5. The society shall not be dissolved and put in liqui-
dation, as long as three members thereof dissent, and wish
the continuance of the same.
§ 6, This act shall be a public act, and be in force from
and after its passage.
Approved February 16, 1865.
Object
in farce Feb. 16, AN ACT to incorporate the Chicago Erring Women's Refuge for Reform.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Mrs.
corporators. William W. Evarts, Mrs. Elisha S. Wadsworth, Mrs. William
IT. Clarke, Mrs. Joseph T. Kyerson, Mrs. Wiswell, Mrs-
George Herbert, Mrs. John iSutt, Mrs. Henry T. Steele
Mrs. E. G. Eeynolds, Mrs. Sarah F. Norcross, Mrs. Henry
Johnson, Mrs. Henry W. Jones, Mrs. Walter Kimball, Mrs.
Marion Thompson, Mrs. Wesley Munger, Mrs. Alfred Ed-
dy, Mrs. Thomas S. Dickerson, Mrs. Archibald Kenyon,
Mrs. Charles C. P. Holden, Mrs. Moses Jones, Mrs. Charles
H. Reed, Mrs. James C. Fargo, Mrs. Oliver S. Goss, Mrs.
Charles E. Cheeney, Mrs. Clinton Locke, Mrs. Goodrich,
Mrs. William H. Dewey, Mrs. Henry Sayers, Mrs. Daniel
Sheppard, Mrs. Peter H.'Willard, Mrs. Henry S. I\royes,Mrs.
Rawson Levanway, Mrs. Leonard Wilson, Mrs. Andrew
W. Hartupee, their associates and successors, are hereby
constituted a body politic and corporate, under the name
style and name, and style of "The Chicago Erring Women's Refuge for Re-
form;" and, by that name, shall have perpetual succession,
and power to contract and be contracted with, sue and be
sued, plead and be impleaded, and to make all by-laws and
regulations for the due management of its property and the
government and discipline of those under its care, not re-
pugnant to the laws and constitution of this state and of
BENEVOLENT SOCIETIES. 99
the United States, and, generally, with power to do all acts Powers.
incident to corporation?, at common law, to carry out the
object and purposes of this act.
§ 2. The object of this corporation shall be the relief 0bjeot-
and protection, care and reformation of such erring females
as may voluntarily place themselves under its care, or may
be so placed by their parents or guardians, or by auy muni-
cipal corporation, or otherwise, according to law.
§ 3. Tuthill King, William B. Ogden, J". Young Scam- First beard of
mon, James K. Eurtis, Philo Carpenter, Eev. Kobert Coll- trustees-
yer, and Richard S. Thomas, shall constitute the first board
of trustees of said corporation, and shall hold their office
until the annual meeting for the year 1 866, and until others
are chosen in their stead.
§ 4. The first annual meeting may be called by any two Annual meeting.
or more of the persons above named, by public notice in
one of the Chicago daily newspapers, published at least
three days before said meeting, at which meeting, and at
each annual meeting thereafter, the corporation shall choose,
by ballot, a president, a vice president, and a secretary, officers,
who shall be, ex officio, members of the board of managers,
and president, vice president and secretary thereof, and a
board of managers of not less than one for each Prostestant
church in the city of Chicago, who shall hold their respect-
ive offices until the next annual meeting, and until others
are elected in their stead. Said board shall have the man- l aff
agement of all the fiscal affairs of said corporation, except
such as are specially committed herein or by the by-laws of
said corporation to the board of trustees, and of its institu-
tion, or institutions, and the power to appoint and to remove
at pleasure its treasurer, matrons, superintendent, solicitors,
and all other agents and committees which said board may
deem necessary or which may be provided for in the by- Quorum.
laws. ]STine, until otherwise provided by by-laws, shall con-
stitute a quorum of said boaid, which shall have power to
fill any vacancies which may occur therein, by death, resig-
nation, removal from Cook county, or otherwise, and also to
appoint, annually, not more than seven associate members,
who shall have equal rights, privileges and duties with other
members of the board for that year.
§ 5. At the annual meeting for the year 1866, and at Trustees of.
each annual meeting thereafter, the said corporation shall
elect trustees, to fill the vacancies of the retiring members
of said board of trustees, who shall hold their offices until
the next annual meeting, and until others are elected in
their stead. Said board of trustees shall have the exclusive Managenient „f
management of the permanent funds of said corporation, finds.
and of all its real estate, except such as is occupied
by its institutions, and such other powers and duties as
may be, from time to time, conferred upon them by its
by-laws. Until otherwise ordered by by-law of the
100 BOUNTIES.
Quorum. corporation, three shall constitute a quorum of said board
of trustees, and it shall have power to fill any vacancies
. among its members, occasioned by death, resignation, or
otherwise.
§ 6. This corporation may, by by-law, provide for in-
creasing or diminishing the number of its board of man-
agers and the number of the board of trustees to be elected,
pr<mso. at its annual meetings : Provided, that the former board
shall not at any time be reduced to less than thirty, nor the
latter board to less than five members.
Honorary mem- g 7. This corporation may, at any annual meeting, elect
any number of persons honorary or associate members, who
may advise but not vote in its affairs.
Annual members § 8. Any person may become an annual member by the
payment of one dollar, or more, annually ; and a life mem-
ber by the payment of twenty-five dollars at any one time.
iioid property. § 9. The said corporation may receive, take and hold,
either by gift, purchase, devise, bequest or otherwise, any
real estate or personal property, for the use of or for the
purposes of said corporation, whether the same be pur-
chased, given, devised, bequeathed or conveyed directly to
said corporation or to any of its officers for the use of said
corporation ; and any and all real estate or personal proper-
ty, held by or for the use of or occupied by said corpora-
tion, shall be exempt from taxation, for any purpose, and no
real estate of said corporation, or to which said corporation
shall acquire title, shall be alienated or leased for a longer
time than two years, at any one time, except by a majority
vote of the members of said corporation present at any an-
nual meeting, or at a special meeting called for the purpose,
the specific object of which shall be stated in the notice of
said meeting.
§ 10. This shall be deemed a public act, and shall be in
force and take effect from and after its passage.
Approved February 16, 1865.
In force Jan. IS, AN ACT to authorize the levy and collection of taxes in the counties there-
in named, for the payment of bounties to persons mustered into the ser-
vice of the United States, and provide for the adjustment of claims rela-
ting to the same.
Section 1. Be it enacted Ij the People of the State of
Illinois, represented in the General Assembly, That the
Counties may boards of supervisors of the counties of Boone, Carroll,
Stephenson, Jo Daviess, Kane, Lee, "Winnebago, Bureau,
Knox, Kendall, DeKalb, McPIenry, Lake, Edgar, Du Page,
Woodford, Stark, Warren, Marshall, Grundy, Putnam,
Kankakee, Ogle, Whiteside, Will and Henry, are hereby
BOUNTIES. 101
authorized, at any regular or special session, to levy such
special tax, not exceeding- three per centum, annually, upon
the taxable property in said counties, as may, in their opin-
ion, be necessary to pay and discharge any part or all in-
debtedness now incurred, or which may by said board here-
after be created or incurred, on account of any appropriation
which has heretofore been made or which may hereafter be
made by said board, for the payment of bounties to volun-
teers or drafted men, who have been mustered into the ser-
vice of the United States, or to volunteers who may here-
after enlist and be mustered into said service, and have been
or may hereafter be credited to said counties.
§ 2. Said boards of supervisors may prescribe the time Tax ^hen co1-
when any special tax levied under the provisions of section
one of this act shall be collected and paid ; and when said
tax, or any part thereof, shall be collected, the same shall be
set apart, and used as a special fund for the payment of said
indebtedness, and for no other purpose whatever, and shall be
known and designated as the ''bounty tax fund."
§ 3. Said boards of supervisors are hereby authorized to Tax of tQwns.
levy and cause to be collected such special tax upon the
taxable property of such town or towns as may be necessary
to pay and discharge any indebtedness incurred by said
towns or persons, on account of local bounties paid or
agreed to be paid, by said town or towns or persons, to vol-
unteers who have or may hereafter enlist and be mustered
into said service and credited to such town or towns.
§ 4. All taxes which may be levied in pursuance of the Tax how collect-
provisions of this act, shall be collected in the same manner as
other county taxes shall be collected, but the commission
for collecting the same shall only be one-half the per cent-
age now allowed by law for collecting county revenue.
§ 5. Before any tax shall be levied for the purpose of claims how »i
paying any indebtedness to any person or persons, as men- lowed'
tioned in the third section of this act, such person or per-
sons shall first submit to the board of town auditors their
claims for liquidation and allowance ; and a certificate of the
town clerk of said town shall be filed with the county clerk,
stating the action of said board of auditors in respect to ap-
proving or disapproving said claims ; said certificate to be
tiled with the county clerk within five days from the time
said town auditors shall make their decision. An appeal Appeals.
may be taken to said board of supervisors from the decision
of the board of auditors, either in approving or disapproving
said claims, by any person or persons interested in said de-
cisions, by tiliug with the county clerk of the county, within
ten days from the time such decision is made, an appeal, in
writing, signed by such person, directed to the board of su-
pervisors of the county, briefly stating the decision appealed
from, and the time the same was made. Such appeal shall
be for hearing at the first session of said board of supervi-
102 BOUNTIES.
sors next after filing said appeal. The appellant shall give
five days' notice, in writing, to the town clerk, or, in case of
his absence from the town, to the supervisors of the town,
of the lime when he will move said board for a hearing of
said appeal. On the hearing of such appeal, said board of
supervisors shall summarily dispose of the same, giving a
reasonable time to all parties interested therein ; and said
board of supervisors shall decide such appeal upon the merits
ProYiso. and according to the principles of equity and justice: Pro-
vided, that no person or persons shall be allowed any claim
for advances or payments that appear to have been made as
a gift or donation by him or them, or for procuring substi-
tutes for drafted men, or that is not filed, as required by
this section, within one year after the same accrued.
Tax heretofore § G. The taxes heretofore levied by the board of super-
leviea legalized vjsors 0f aay 0f sa^ counties, or by any town, city or other
corporate authority, within the same, upon the taxable pro-
perty of any of said towns, cities or other municipal cor-
porations, for the purpose of raising funds to meet any ap-
propriations heretofore made, or paying any indebtedness
incurred by any of said towns, cities or other corporate
authorities within said counties, by reason of bounties offer-
ed by them to volunteers who have enlisted and been mus-
tered into the service of the United State's, be and the same
are hereby legalized and declared valid; and said taxes shall
be collected as though the same had, in all respects, been
levied according to law.
speeiai meetings § 7. The town clerk slis.ll on the application of any twelve
tax-payers of an}7 town, in said counties, call a special meet-
ing of the board of town auditors, for the purpose of hear-
ing and considering any claim mentioned in the fifth (5)
section of this act, giving notice to said auditors of not less
than five nor more than ten days, prior to said meeting ;
and said auditors, when convened, shall proceed to hear
and determine said claims.
rayments. § 8. All town collectors shall, at least once in ten days,
pay over to the supervisors of their towns all town taxes
collected under the provisions of this act.
§ 9. This act shall take effect on its passage.
Apf-hoved January 15, 1805.
In force Feb. 2, AN ACT to enable the citizens of the several towns in the counties there-
1S(i5- in named to raise money for the payment of bounties.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
Tax, three per be lawful to levy and collect a tax, of not more than three
cent.
BOUNTIES. 103
per cent, in any one year, upon all the taxable property
in any and all of the towns in the counties of Rock Island,
Peoria, Cook, (except the towns of North Chicago, South
Chicago and West Chicago,) Sangamon, Kane, DuPage,
Grundy, Knox, Warren, Stark, Livingston, Yermilion, Bu-
reau, Putnam, Ogle, Henry, DeKalb and Tazewell, to pay
bounties to volunteers, substitutes and drafted men, who Bounty tax.
may hereafter enlist or be drafted into the army of the Uni-
ted States; which tax shall be known as the "bounty tax,"
and the fund thereby created as the ''bounty fund."
§ 2. It shall be-the duty of the supervisor in any and special election,
all of said towns, upon the request, in writing, of any ten
legal voters of their respective townships, to call a special
election, within five days after such request, to determine
whether such county tax shall be levied or not, by posting
up notices in three of the most public places in their respective
towns, at least ten days next previous to the time of holding
said election ; which notices shall state the object of said °tjfnct of elec"
election, and the time and place of holding the same ; and
said election, when holden, shall be organized and conduct-
ed, in all respects, as elections under the general election
laws of the state are required to be organized and conducted.
The ballots used at said election may be either written or
printed, and shall be "for bounty tax" and "against bounty For or against.
tax;" and if a majority of the votes cast at any of the said
elections shall be "against bounty tax" then no further pro-
ceedings shall be had, but if a majority of said votes shall
be "for bounty tax" then such tax shall be levied and col-
lected as hereinafter provided.
§ 3. If any such town shall vote for a bounty tax, as if town vote for
hereinbefore provided, then it shall be the duty of the super-
visor, assessor and collector of said town to determine at
what per centum said tax shall be levied, and certify the re-
sult of said election and the per centum of tax that shall be
levied, to the county clerk of the county in which said town
is situate, within ten days after said election ; and the said
county clerk shall extend the said tax, under the name of
the "bounty tax," upon the tax book of said town, in like Ta*, how coi-
manner and at the same time as he is by law required to do
in cases of the county and state taxes ; and the same shall be
collected in like manner and at the same time and by the
same collectors as the county and state taxes are collected,
and by said collectors paid over to the town clerk of said
town, who shall previously give bond to the people of the Bond of clerk-
state of Illinois, for the use of said town, conditioned for the
safe keeping of said moneys and the faithful discharge of
his duties under this act, for such amount and with such
securities as the said supervisor, assessor and collector may
require, and deposit the same, when so executed, with the
supervisor of said town ; and in case of the failure of said
town clerk to give bond, as aforesaid, then said supervisor,
104 BOUNTIES.
Bond of others assessor and collector may appoint some suitable person
to act as custodian of said fund, from whom they shall re-
quire bond and security as aforesaid.
Fpenndde<!how ex" § 4- The said "bounty fund" may be expended and paid
out, for the purposes mentioned in the first section of this
act, by said supervisor, assessor and collector of said town,
or a majority of them, and shall be paid out by said town
clerk, or custodian, upon their order or that of a majority of
them ; and the said supervisor, assessor and collector, at any
time, after their town shall have voted to raise a "bounty
Town bonds. fund," as hereinbefore provided, may, in their official capa-
city, and in the name of said town, execute and issue bonds
for such amount and upon such terms as they may deem ad-
visable, to an amount equal to the probable amount of tax
Bonds to be nen determined upon, as aforesaid, and no more; which said
on tax. bonds shall be binding upon said town and a lien upon the
taxable property thereof ; and said officers may negotiate the
same, in such manner as they may deem advisable and ex-
pedient, to carry out the provisions of this act. Said super-
Bonds to be giv- visor, assessor and collector shall first be required to give
en- bonds to the people of the state of Illinois, for the use of
said town, conditioned for the faithful discharge of their du-
ties in executing and issuing said bonds and the negotiation
of the same, under this act, for such amount and with such
securities as the county judge and county clerk of the re-
spective counties wherein is situate said town, may require,
failure to give and, deposit the same, when so executed, in the office of
said county clerk; and in case of the failure of said supervi-
sor, assessor and collector, or either of them, to give bonds,
as aforesaid, said county judge and county clerk may appoint
some suitable person or persons as commissioner or commis-
sioners, to act in his or their stead, as the case may be, for
the purposes of carrying out the provisions of this act, from
whom shall be required bonds and security as aforesaid.
Bonds, how paid § 5. The town clerk or custodian of said bounty fund, in
any town issuing bonds by virtue of this act, shall pay said
bonds and accruing interest, when due, upon presentation
to him, out of any moneys in his hands belonging to said
"bounty fund ;'' and collections of said bonds, when due,
may be enforced by the legal holders thereof against the
towns issuing them, by suit at law, in the circuit court of
the county in which such town is situate ; and in case judg-
ment upon said bonds is not paid within sixty days after the
rendition thereof, then the said circuit court may summarily
order the county clerk of said county to extend a tax against
the taxable property of said town, sufficient to satisfy said
judgment or judgments; which tax shall be extended and
collected as hereinbefore provided.
Fee of officers. g g# <T;he said supervisor, assessor and collector shall be
allowed, for services, the sum of two dollars per day
for each day necessarily employed in and about the busi-
BOUNTIES. 105
ness required by this act ; and the county clerk, county
treasurer, township collector, and town clerk or custodian,
shall be allowed the same fees for the services required by
this act as are by law allowed for the performance of like
services in extending, collecting and disbursing the county
tax, to be paid out of said bounty fund; and the said town-
ship collector and county collector shall be liable, upon their
official bonds, tor the faithful performance of the duties re-
quired by this act.
§ 7. The supervisor, assessor and collector, town clerk AkceCptunt3' how
and custodian, if any shall be appointed, shall keep a full
and complete account of ail their actings and doings under
this act, of all bonds and orders by them issued, of all mo-
neys by them or either of them received and paid out, and
to whom and for what so paid, and shall, during the week
next preceding the annual town meeting in said town, make
a full and complete report, in writing, of the same, to one of ReP°rt-
the justices of the peace of said town; which report shall, at
all times, be open to the inspection of all persons desiring to
examine the same.
§ 8. In all cases where two or more towns are included Td°i™fc J"0 ^£'
in one sub -military district, liable to draft, if the supervisors,
assessors and collectors thereof, or a majority of them, in
each town shall so agree, an election shall be called, as here-
inbefore provided, in each of said towns ; and if a majority
of all of the votes cast in said several towns shall be in favor
of a bounty tax, then the above named officers of said towns
shall determine the per centum of the tax to be levied and
collected, as hereinbefore provided, upon all of said towns in
said military district, and upon their certification, or that of
a majority of them, to the county clerk, of the result of said
election and of the per centum of tax to be levied, the said
county clerk shall extend said tax upon the taxable property
of all of said towns, and the said above named officers may
designate which of the town clerks or other persons of said
towns shall act as custodian of said bounty fund in said mili-
tary district ; and all of the foregoing provisions, in reference
to a town, shall apply to said military district ; and the said
officers, or a majority of them, in such town, may issue
bonds, as hereinbefore provided, in the name of all of said Bonds of towns-
towns composing said military district.
§ 9. The taxes heretofore levied or voted or ordered to Bounties legai-
be levied by the board of supervisors of any of said counties,
or by any town, city or other corporate authority therein,
for the purpose of raising funds to meet any appropriation
heretofore made for paying any indebtedness incurred or
hereafter to be incurred by any of said counties, towns, cities
or other corporate authorities, within said counties, by rea-
son of bounties offered to volunteers, or for money paid to
drafted men, who have enlisted or been drafted or may here-
after enlist or be drafted into the service of the United
106
BOUNTIES.
States, be and the same are hereby legalized and declared
valid, and shall be collected as though the same had been
levied according to law.
Act repealed. § 10. So much of "An act to authorize the levy and col-
lection of taxes in the counties therein named, for the pay-
ment of bounties to persons mustered into the service of
the United States, and provide for the adjustment of claims
relating to the same," passed at this session of the general
assembly, as relates to the county of Henry, is hereby re-
pealed.
§ 11. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
ApmovED February 2, 1865.
In f01'?L?eb- 8' AN ACT to amend section nine, (9,) of an act entitled "An act to enable the
citizens of the several towns in the counties therein named to raise money
for the payment of bounties."
Section 1. Be it enacted by the People of the /State of
Illinois, re-presented in the General Assembly, That the
Towiui.^s words "town and towns," in section nine, (9,) of an act enti-
tied "An act to enable the citizens of the several towns m
the counties therein named to raise money for the payment
of bounties," approved February 2, 1885, are hereby de-
clared to mean "township" and "townships," in all the coun-
ties therein referred to, and shall be so construed.
§ 2. This act shall take effect and be in force from and
after its passage.
Appkoved February 8, 1865.
*" r°r,c?/.J<:;b- -< AN" ACT to authorize the levy and collection of taxes in counties therein
named, for the payment of bounties to persons mustered into the service of
the United States, and to support the families of such persons.
i s<;r>.
Section 1. Be it enacted by the People of the State
of Illinois, represented in the General Assembly, The
counties to levy boards of supervisors of the counties of Champaign, Piatt
and Macon, are hereby authorized, at any regular or special
session, to levy such special tax, not exceeding three per
cent, per annum, annually, upon the taxable property in
said counties, as may, in their opinion, be necessary to pay
and discharge any part or all indebtedness now incurred or
which may by said boards hereafter be created or incurred
on account of any appropriation which has heretofore been
BOUNTIES. 107
made or which may hereafter be made by said boards, for
the payment of bounties to volunteers or drafted men, who
have been mustered into the service of the United States, or
to volunteers who may hereafter enlist, or drafted men who
may be mustered into said service, and have been or may
hereafter be credited to said counties, or for the support of
the fami if such volunteers or dratted men.
§ 2. Said boards of supervisors may prescribe the time Timeofievyand
when any special tax levied under the provisions of section
one :>f t! ' all be c Hected and paid; ana when said
tax, or any part thereof, shall be collected, the same shall
be set ; Lu I as a special fund, for the payment of
said inde! is, and for no other purpose whatever, and
shall be kn >wn and designated as the '-bounty tax fund."
§ 3. Said boards of supervisors are hereby authorized to
levy and cause to be collected such special tax, upon the
taxable p perty of such town or towns, as may be neces-
sary to pa ? and di scharge any indebtedness incurred or which
may her- after 1 3 incurred by said town or towns, on account
of loeai b ies, paid or agreed to be paid by said town or
towns, to volunteers or drafted men, who may have been or
may hereafter be mustered into said service and credited to
such to v. i or ". : ' rfor the snpport of the families of such
volunteers or drafted men in such town or towns: Provided, Proviso,
that such levy, as provided ition, shall not be made
by said board of supervisors until a request, in writing,
signed by the board of town auditors of such town or towns
be iiled with the county clerk, setti : forth the rate per Eateoflev>'-
cent. to be so levied, which shall not b re than two per
cent., annually, upon the taxable property of said town.
§ 4-. All taxes which may be levied in nance to the Tax— how to be
provisions of this act shall be levied upon the taxable pro-
i) irtyin said counties, as assessed, for county purposes, at the
issment last preceding such levy, and shall be collected
in the same manner as other county taxes; but the commis-
sion for collecting the same shall only be one-half the per
eentage now allowed by law for collecting county revenue.
§ 5. The taxes heretofore levied by the board of super- Tax legalized.
visors of any of said counties, or by any town, city or other
corporative authority of any of said towns, cities or other
municipal corporation, for the purpose of raising funds to
meet any appropriations heretofore made, or paying any
indebtedness incurred by any of said counties, towns, cities
or other corporative authorities, within said counties, by
reason of bounties offered by them to volunteers who have
enlisted, or drafted men, and who have been mustered into
the service of the United States, or for the support, of the
families of such volunteers or drafted men, be and the same
are hereby legalized and declared valid; and said taxes shall
be collected as though the same had, in all respects, been
levied according to law.
108 BOUNTIES.
Tax— how i>aia § 6. All town collectors shall, at least once in ton clays,
pay over to the county treasurer of their county all taxes
collected under the provisions of this act ; and the said
treasurer shall pay over and disburse said taxes, at such
times and according to such regulations, not inconsistent
with this act, as said boards of supervisors may, from time
to time, determine ; and the said treasurer shall only be
Fe«a- allowed one-half the per centage for receiving and disbur-
sing said fund as is now allowed by law for receiving and
disbursing county revenue.
wouitrie county. § 7. The county commissioners court of the county of
Moultrie is hereby authorized to exercise all the powers and
perform ail the duties, in said Moultrie county, granted to
the boards of supervisors, as enumerated in sections one, two,
and six of this act, and the provisions of sections one, two,
four and six of this act shall, in all respects, apply to said
Moultrie county, except that the collector of taxes, as now
provided by law in counties which have not adopted town-
ship organization, shall perform the same duties as are
required in this act of town collectors.
champaign, phitt § 8. The boards of supervisors of said counties of Cham-
Sue'bonds.11^ paign, Piatt and Macon, the boards of town auditors in said
counties, and the county commissioners' court of said Moul-
trie county, are hereby authorized and empowered to issue
bonds, upon their respective counties or towns, as the case
may be, in such form and manner as they may deem expe-
dient, for the purpose of procuring advances of money to
such counties or towns as may so issue their said bonds, for
the purpose [of] paying any bounties or other indebtedness,
as contemplated in this act, which said bonds shall bear
interest on the interest at a rate not exceeding ten per cent, per annum,
and payable at such time or times as said boards may deter-
mine; and any bonds or other evidences of indebtedness
heretofore issued by said boards or county commissioners'
court, for the purposes contemplated in this act, are hereby
declared valid, and the said counties or towns issuing the
same shall be under the same obligation to pay and dis-
charge said bonds or other evidences of indebtedness as
though the same had been issued, in all respects, according
to law.
§ 9. This act shall be in force and take effect from and
after its passage.
Approved February 2, 1865.
BOUNTIES. 109
AN ACT to authorize the counties therein named to borrow money, and to In force Feb. C,
levy special taxes, for the payment of bounties. 1SC5-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county courts of the counties of Alexander, Pulaski, Mas- what counties
sac, Pope, Hardin, Gallatin, White, Edwards, Wayne, Ham-
ilton, Saline, Johnson, Union, Jackson, Williamson, Frank-
lin, Jefferson, Perry, Randolph, Monroe, Greene, Washing-
ton, Marion, Fayette, Effingham, Clay, Richland, Lawrence
and Wabash, be and they are hereby authorized to borrow
such sums of money as they may think necessary, at such
rates of interest, not exceeding ten per cent., per annum, as interest.
they may deem proper, and ,to issue county bonds, of
denominations of not less than fifty nor more than five hun-
dred dollars, for the payment of the sums so borrowed.
Such moneys, when so raised, shall constitute a fund, to be
called the ""bounty fund," and shall be expended, under the Bounty fund,
direction of the county court, for the payment of bounties
to such persons as may enlist or be drafted into the service
of the United States.
§ 2. Said county courts are authorized to levy and col- Ta*?s> and h0Tr
** ** ** collected
lect, as other taxes, such special taxes, not exceeding three
per centum, per annum, on all the taxable property of such
counties, as will or may be necessary to pay principal and
interest on all such sums as may be borrowed by virtue of
the provisions of this act, or to be expended for the purpo-
ses and objects of this act, in case such moneys have not
been borrowed.
§ 3. Such county courts are further authorized to appro- other moneys.
priate any moneys in their treasuries, not otherwise appro-
priated, to said "bounty fund," to be expended as provided
in the first section of this act.
§ 4. This act to be in force from and after its passage.
Approved February 6, 1865.
AN ACT to authorize the levy and collection of taxes in the counties of In force Feb. 7,
Jasper, Cumberland, Crawford and Clark, for the payment of bounties to lsc5-
persons who enlist and are mustered into the service of the United States.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
boards of supervisors of the counties of Jasper, Clark, counties ana
Ct i t i ii , , « ,: r ',, „ ' towns may levy
umberland and the county court of the county of Craw- tax.
ford, are hereby authorized, at any regular or special term
or session thereof, in their respective counties, to levy such
special tax upon the taxable property, real and personal, of
their said counties, as, in their opinion, may be necessary to
110 BOUNTIES.
raise a sufficient sum to pay a bounty to persons enlisting
in the military or naval service of the United States, during
proviso. the continuance of the present rebellion : Provided, however,
that the said boards of supervisors and said county court
shall not levy or collect, in each year, more than one hun-
dred thousand dollars for each of their respective counties,
for said purpose.
capitation tax. § ^- -A-nd trie sa^ boards of supervisors and said county
court shall have power to levy a capitation tax, not exceed-
ing one dollar, upon every male resident, being a citizen of
the United States, or who has declared his intention to
become a citizen thereof, being over the age of twenty-one
and not exceeding sixty years of age, which sail capitation
tax shall be used only for the purposes in this act men-
tioned.
when tax to be § 3. The said boards of supervisors and said county
collected. court may prescribe, at any term or session thereof, the time
when any such special and capitation tax, levied under the
provisions ot this act, shall be collected and paid; and when
said taxes, or any part thereof, shall be collected, the same
shall be set apart and used as a special fund, for the pay-
ment of said bounty, and the payment of expenses attend-
ant upon the recruiting of volunteers for the service afore-
said, and shall be designated the "bounty tax fund."
Orders to be is- § 4. The said boards of supervisors and said county
sued- court may issue county orders, to be designated on their
face "volunteer bounty orders," of such amount or amounts,
interest. asj m their discretion, may deem proper, bearing interest at
a rate not exceeding ten per centum, per annum; but the
amount so issued shall not exceed, in each year, the said
sum of one hundred thousand dollars; and which said
orders— how to orders shall be paid out of said bounty fund, and receivable
bePaid- in payment of said special and capitation tax, at their par
Tax, and how to Value.
§ 5. All taxes, which may be levied in pursuance of the
provisions of this act, shall be collected by the same officers,
and in the same manner, as other county taxes; but the
commission for collecting the same shall be only one-half
commissioners now allowed by law for collecting county taxes.
§ G. The said boards of supervisors and said county
court may, if they deem best, appoint, in their respective
counties, persons not exceeding two in number, to act as
commissioners, to procure persons to volunteer into said
United States service, for their said counties, under such
regulations and at such compensation as the said boards and
said court may prescribe and allow; and the payment of
said commissioners shaU be out of the said "bounty tax
fund."
§ 7. This act shall take effect and be in force from and
after its passage.
AprEovED February 7, 18G5.
be collected.
of countie
BOUNTIES. Ill
AN ACT to authorize the counties of Morgan, Scott, Logan, Calhoun and in force Feb. 14,
Jersey, to pay bounties to volunteers, drafted men and substitutes, and to ■ 1865-
borrow money to pay the same.
Section 1 . Be it enacted by the People of the State of Illi-
nois, represented in the General Assembly, The county courts
of Morgan, Scott, Logan, Calhoun and Jersey counties, re- ^^^
spectively, are each hereby authorized to borrow, on the
credit of such counties, each acting for itself, such sum of
money, not exceeding one hundred thousand dollars to each
county, as the county courts of said counties may, respect-
ively, deem necessary and proper, to create a fund for vol-
unteers and drafted men, and to enable said counties, re-
spectively, to procure substitutes for drafted men.
§ 2. For the purpose of raising said money, the county ^fe8d may bG
courts of the counties aforesaid are each hereby authorized
to issue the bonds of said counties, respectively, in sums of
not less than five hundred dollars each, bearing such rate of
interest as said courts may, respectively, determine and
order, payable at such time and at such places as said courts,
respectively, may determine, and sell the same for current
funds, at the best attainable rates : Provided, such bonds
shall in no case be issued to run more than ten years from
their date.
§ 3. Said bonds shall be signed by the clerk of the Bonds how-
county issuing the same, and shall bear the seal of the
proper county, and shall be countersigned by the treasurer
of the county issuing the same, and registered by the proper
clerk. The interest on such bonds shall be paid at such
times and places as shall be expressed in said bonds.
§ 4. The county courts of the counties aforesaid are special tax.
hereby, respectively, authorized and empowered, at the
time of issuing said bonds, or at any time thereafter, to levy
a special tax upon all the taxable property of said county,
to be assessed and collected, as other taxes are assessed
and collected, for the payment of the whole or any part
of the principal and interest of said bonds ; which tax
shall be collected and paid over to the treasurer of said
counties, respectively, as are the taxes due said counties
under the general law : Provided, the tax levied in any Proviso,
one year for such purpose, shall not exceed three per cent,
on the taxable property of said counties, respectively.
§ 5. Be it further enacted, That before the county court Electors of Mor-
of the county of Morgan shall take any action under this tax.
law, in the way of issuing bonds, borrowing money, or levy-
ing said tax, said court shall call an election, by the legal
voters of said county, which election shall be held at all the
usual places of voting in said county, and at a day to be
appointed by said court, and shall be held in pursuance of a
public notice, to be given by said court in all the precincts
of said county, for the length of time before said election
that said court shall determine; and at said election,
112 BOUNTIES.
said voters shall cast their votes for or against issuing said
bonds and levying said tax, as hereinbefore provided: and
if, at said election, a number of votes equal to a majority of
all the votes cast in said county at the last November elec-
tion, shall be in favor of issuing said bonds and levying said
tax, then said bonds shall be issued and said tax levitd in
said county of Morgan, as in this act is provided ; but if there
when this act shall not be such a majority of votes cast for issuing said
void- bonds and levying said tax in said county, then this law
„ . „ shall have no force or effect in said Morgan county : Provi-
ir 10V130. , " *J
ded, that if said bonds shall be issued by said county, said
court shall not sell or dispose of the same below par, or less
than the full amount of each bond, for lawful money, to be
paid down : And, provided, further, that nothing in this sec-
tion shall have any effect or force in any other county here-
inbefore mentioned, but said county of Morgan.
§ 6. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved Feb. 14, 1865.
Further proviso.
In force Feb. 14, AN" ACT to legalize the acts of the boards of supervisors of Ford and Iroquois
1S05- counties, and to provide for the raising of money for war purposes in said
counties.
Preamble. "Wiiekeas the board of supervisors of the county of Ford,
did, at a meeting, in September, a. u., 1864, authorize
the issuing of seventy-nine thousand dollars of bounty
orders to drafted men, which amount the said county is
unable to pay, either at present or prospectively ; there-
fore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, thirty
orders and inte- per centum of said seventy-nine thousand dollars of bounty
orders, together with thirty per centum of the interest that
has accrued thereon, be and the same is hereby legalized
and declared valid and binding on said county of Ford.
Bounty orders g 2. That the board of supervisors of said county of
Ford, with the consent of the holder or holders of any of
the said seventy-nine thousand dollar bounty orders, issued
as aforesaid, shall have power to take up said orders, and
issue, in lieu thereof, bounty orders, drawing a rate of inter-
est not exceeding ten per cent, per annum, to an amount
not exceeding thirty per centum of the principal and interest
of said'seventy-nine thousand dollars of bounty orders, issued
orders, when as aforesaid, and payable, one fourth thereof at the end of
two years, another fourth at th,e end of three years, an-
other fourth at the end of four years, and the remaining
fourth at the end of five years, from the date of issue.
BOUNTIES. 113
§ 3. That the acts of the board of supervisors of Iroquois Acta of board of
comity, heretofore had, granting bounties to volunteers, and izeT1013 e
authorizing the issue of interest bearing orders, be and the
same are hereby legalized ; and the said board of supervisors
is hereby authorized to provide for the payment of bounties
to soldiers in the army or navy of the United States, re-
quired by subsequent calls, and to provide for the payment
of the same.
§ 4. The boards of supervisors of the counties of Ford Annual tax.
and Iroquois are hereby authorized and empowered to levy a
tax, annually, on all the taxable property of said counties,
or either of them, not exceeding three per centum per an-
num ; said tax to be levied and collected in the same man-
ner as other county taxes are levied and collected, and ap-
plied to the payment of any indebtedness that said counties
have incurred for the payment of bounties, or that they, or
either of them, may incur, together with the interest that
may be due thereon, and to the support of the families of vol-
unteers and drafted men : P?'ovided, that nothing herein con- Proviso,
tained shall permit the payment, out of said tax, in the
county of Ford, of more than thirty per centum of the
bounty orders legalized in section one of this act.
§ 5. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved February M, 1865.
AN ACT to authorize the levy and collection of taxes in the counties of m force Feb. 9,
Shelby, Douglas and St. Clair, for the payment of bounties to persons who 1S65-
enlist and arc mustered into the United States service.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board of supervisors of the county of Shelby, and the coun- Ta * J?a3[be *!*■
ty courts of the counties of Douglas and St. Clair, are hereby
authorized and empowered, at any regular or special meet-
ing, or term thereof, in their respective counties, to levy
such special tax upon the taxable property, real and per-
sonal, of their said counties, as, in their opinion, may be
necessary to raise a sufficient sum to pay a bounty to per-
sons enlisting in the military or naval service of the
United States, during the continuance of the present rebel-
lion, who become credited by the proper authorities to said
counties: Provided, that said board of supervisors and said Proviso,
county courts shall not levy or collect, in each year, more
than one hundred thousand dollars for each of their re-
spective counties for said purpose.
§ 2. Said board of supervisors and said county courts CaPitation ta*
shall have power to collect from all able-bodied free white
—11
114
BOUNTIES.
Proviso.
Tax, when col-
lected.
Proviso.
Payment
bounties.
Orders to be is-
sued.
Tax, how collec-
ted.
Commissioners
of bounty.
male inhabitants of said counties, over the age of twenty-
one years, and under the age of sixty years, who are enti-
tled to the right of suffrage, a capitation tax of not less than
fifty cents, nor more than one dollar, each, which shall be
used only for the purposes in this act provided : Provided,
that persons having served in the military or naval service
of the United States, who have been honorably discharged,
or who shall be in the service at the time of such collection,
shall be exempt from such tax.
§ 3. Said board of supervisors and county courts may
prescribe, at any meeting or term thereof, the time when
any such special and capitation tax, levied under the pro-
visions of this act, shall be collected and paid ; and when
said taxes, or any part thereof, shall be collected, the sum
shall be set apart and used as a special fund for the pay-
ment of said bounty and the expenses attendant upon the
recruiting of volunteers for the service aforesaid, and shall
be designated the "bounty tax fund:" Provided, that it
shall be the duty of said board of supervisors and county
courts, and the} are hereby required, in their counties, re-
spectively, to levy a tax, and cause to be collected, in each
year, a sum sufficient at least to pay one-half the amount of
county orders that may be issued upon said fund in their
county during said year.
§ 4. Said board of supervisors and county courts shall
establish regulations for the payment of bounties to volun-
teers out of such fund, the amount of which bounty shall be
uniform, and the same to each person. They shall cause to
be issued county orders therefor, to be designated on their
face, "volunteer bounty order," bearing interest at a rate
not exceeding ten per centum per annum ; but the amount
so issued shall not exceed, in each year, the said sum of one
hundred thousand dollars ; which orders shall be paid out
of said bounty tax fund, and be receivable inpayment of
said special and capitation tax at par.
§ 5. All taxes which may be levied in pursuance of the
provisions of this act shall be collected by the same officers
and in the same manner as other county taxes are, but the
commission for collecting the same shall be only one-half
that now allowed for collecting county taxes.
§ 6. Said board of supervisors and county courts shall
appoint, in their respective counties, suitable persons, not
exceeding five in number, as commissioners to procure vol-
unteers, as aforesaid, for their counties, under such regula-
tions and at such compensation as they may prescribe and
allow, to be paid out of said bounty tax fund.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved February 9, 1865.
BOUNTIES. 1 1 5
AN ACT to authorize the counties of Washington and Clinton to borrow In force Feb. 16,
money to pay bounties to volunteers, and levy a tax to pay the same. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of the counties of Washington and Clinton be Borrow money
t , •' , i-i.i i ■ ii and issue bond*
and hereby are authorized to borrow money, and issue bonds
therefor, of any denomination not exceeding three hundred
dollars, at a rate of interest not exceeding ten per cent, per
annum, to pay bounties to volunteers enlisting in the mili-
tary service of the United States ; but no county, by virtue
hereof, shall borrow money or issue bonds fur more than
one hundred thousand dollars.
§ 2. Said courts may, at any stated or special term, ex- special t*s.
ercise the authority conferred by this act, and fix the amount
of bounty to be paid to such volunteers, not exceeding three
hundred dollars, and levy a special tax on all the taxable
property in the county of not exceeding one per cent, per
annum, to pay the same; which tax shall be kept separate,
and denominated " bounty tax," and used exclusively to pay
said bounty and redeem said bonds, which shall, also, be
denominated " bounty bonds."
§ 3. Said tax shall be assessed, levied and collected by Tax: how coiiec-
the persons, at the times and in the manner other county
taxes are, and, when collected, shall be under control and
management of said courts, for the purpose aforesaid.
§ 4. The officers rendering service under this act shall Fees.
receive one-half the fees and commissions, only, allowed
them by law for like services in other cases.
§ 5. This act shall be in force from and after its pas-
sage.
Approved February 15, 1865.
AN ACT authorizing the county of Brown to levy taxes for the payment of In force Feb. 9,
bounties to volunteers and drafted men. I865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of Brown be and they are here- Brown county to
by authorized and empowered to levy a tax upon all the levytax-
real and personal property in said county, now by law liable
to taxation, sufficiently heavy to enable said county to raise
money enough to pay each volunteer or drafted man under
the last call of the president of the United States for three
hundred thousand men, any sum the said board may deem
proper, not exceeding five hundred dollars.
§ 2. In making such levy, the said board may take as a Basis of levy,
basis of the levy the last assessment made in said county, or
116 BOUNTIES.
they may appoint one assessor for each township in said
county, whose duty shall be the same as assessors under
the general law of the state in counties adopting township
Proviso. organization : Provided, the said board shall prescribe the
time in which such assessments shall be completed.
Tax: how coiiec- g 3. Said board shall be authorized to appoint one or
more collectors for each township of said county, for the col-
lection of said taxes, and require them to give bond, and
perform the same duties as is required by the general law
proviao. in counties adopting township organization : Provided, tho
said board shall be authorized to prescribe the time within
which said collectors shall make returns to and settlement
with the said board, of all moneys collected under the provi-
sions of this law.
§ 4. The said board is authorized and fully empow-
ered to make all such rules and regulations, in the levy and
collection of such taxes, as may be necessary and reasonable :
proviso. Provided, such rules and regulations shall not conflict with
any of the provisions of this law.
Tax: how paid § ~K The money collected in pursuance of this act shall
be under the entire control and disposal of the said board,
to be paid out upon their order, for the purposes for which
the same was levied and collected, and for no other.
ACt prospective. § g_ TJiis act shall be held to apply and extend to all
subsequent calls of the president of the United States for
men or troops ; and the said board of supervisors shall have
the same power and authority to levy and collect taxes to
pay volunteers and drafted men, under such subsequent
calls, as under the present call.
§ 7. This act shall take effect and be in iorce from and
after its passage.
Approved February 9, 1865.
In force Feb. G, AN ACT to legalize the interest bearing bonus issued by Bureau county to
18C5, enable the raising of bounties.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all inte-
Bonds legalized, rest bearing bonds, heretofore issued or that may hereafter
be issued, by any order of the board of supervisors of Bureau
county, in the state of Illinois, for the payment of bounties
or for the relief of families of soldiers, be and the same are
hereby legalized and confirmed, and shall be collected and
enforced against said county according to the terms and
conditions of said bonds.
B0UNTIE8. 117
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 6, 1865.
AN ACT to enable the county of Cass to raise money for the payment of In force Feb. 16,
bounties to volunteers and drafted men. 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of the county of Cass be and the same is here- special tax.
by authorized and empowered to levy and cause to be col-
lected a special tax on all taxable property, both real and
personal, in said county, of not exceeding per centum,
per annum, on the taxable value thereof; which tax shall
be payable in current funds, and which, when so collected,
shall constitute a bounty fund, and shall be expended under Bounty fund.
the direction of the county court of said county, in paying
bounties to such persons as have heretofore volunteered, or
may hereafter volunteer or be drafted, into the service of
the United States from said county, under the call of the
president of the United States, dated , 1SGA:
Provided, that no more than five hundred dollars shall be Proviso,
paid to any one volunteer or drafted man, under the provi-
sions of this act.
§ 2. This act shall be deemed a public act, and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT for the relief of drafted men. In force Feb. H,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of the county of Christian, and state of Illinois, Bounty to draft-
be and is hereby authorized to give and pay to any and
every person who shall hereafter be drafted from the county
aforesaid, and who shall be accepted, either by himself or
substitute by such drafted man furnished, mustered into the
military service of the United States, and credited to the
said county and her quota, a bounty, in any sum not ex-
ceeding live hundred dollars.
§ 2. That said court be and is hereby authorized to give Bounty to voian-
and pay to any and every person who shall, hereafter volun- teers"
teer and be mustered into the military service of the United
States and credited on the number of men to be furnished
118 BOUNTIES.
by said county in the present civil war, a bounty, in any
sura not exceeding five hundred dollars.
§ 3. That, for the purpose of paying the bounties author
ized by this act, said court may appropriate any money in
the treasury of said county not otherwise appropriated.
mtereat orders. § 4. That said county court, for the purpose of raising
money to pay the bounties herein authorized, may, at any
regular or special terra of said court, when sitting for the
transaction of county business, issue orders or warrants on
the treasury of said county for such sum'or sums as the said
court may deem expedient, for the purpose aforesaid, bear-
iug such rate of interest as the court may designate, not ex-
ceeding ten per cent., per annum, and to be paid annually
thereon, and for the principal sura to be paid at any time or
times, to be designated by the court, not exceeding ten
years from the date of such warrants ; said warrants to be
Bounty wan-ants designated on their face as "bounty warrants ;" and said
court may sell and dispose of said warrants, for cash, on the
best terms they can be disposed of, and apply the proceeds
for the payment of the bounties aforesaid, and for no other
purpose.
special tax. § 5. That it shall be the duty of said court to levy a
special county tax on all the taxable property in said county,
sufficient to pay the interest annually accruing on such
bounty warrants as may be issued in pursuance of this act,
and the principal sum or sums, as they may fall due ; that
Tax: how levied the tax aforesaid shall be levied and collected as other taxes,
but the county clerk shall extend said tax on the tax books
in a separate column ; and the moneys so raised shall be
kept as a separate fund, known as the " bounty fund," ap-
plied to the payment of the bounty warrants which may be
ordered and issued under this act, and J or no other purpose.
7ee of officers. ' g g. '^q clerk of the county court, sheriff and treasurer
of said county shall receive such compensation as the said
court may order and allow, not exceeding one-half the
amount now allowed by law.
§ 7. This act to be in force from and after its passage.
Approved February 14, 1865.
in force Feb. 2, AN ACT to authorize the county of Cook to i=sue bonds and to provide for
1S65- the payment of the principal and interest thereon.
Preamble. Whereas, by the action of the board of supervisors of Cook
county, at a meeting thereof, held in the month of Septem-
ber, eighteen hundred and sixty-four, and like action at a
meeting thereof, held in the month of December, of the
same year, certain county orders or certificates were autho-
BOUNTIES. fl9
rized to be issued, for the purpose of paying bounties and
to aid the families of soldiers ; and, whereas, in pursuance
of such action, certain county orders or certificates were
issued for the purpose aforesaid, and other orders or cer-
tificates may hereafter be issued under and in pursuance
of said actions of said board, for like purposes ; therefore,
Section 1. Be it enacted hij the People of the State of
Illinois, represented in the General Assembly, That the
board of supervisors of said county of Cook shall issue bonds interest bonds
of said county, from time to time, as the same may be re- may be l3Sued-
quired, not exceeding the sum of one million of dollars in
the aggregate, to bear interest not exceeding the rate of
seven per cent, per annum; the principal and interest paya-
ble at such time or times, and at such place or places, as the
said board shall fix ; and shall authorize the said bonds to
be sold, and the proceeds thereof shall be paid into the
county treasury, and shall be applied to pay the said orders
or certificates, so drawn, as aforesaid, or such orders or cer-
tificates as may be issued hereafter, in pursuance of said ac-
tion of said board, or in pursuance of any action, resolution
or order which said board of supervisors is hereby authorized
and empowered to take or pass, for the purpose of paying
bounties to soldiers or to aid soldiers' families.
§ 2. The said bonds shall be signed by the chairman of Bonds, how
the said board and by the clerk of the county court of said s,gned'
county, and shall be sealed with the seal of said court, and
registered by the treasurer of said county.
§ 3. The said board of supervisors are hereby directed Tax to pay bM»,
to levy a tax, from time to time, as the same shall be re-
quired, to pay the principal and interest on said bonds, as
they shall become due ; which said tax shall be collected as
other county taxes, and the same, when collected, shall be
applied to the payment aforesaid.
§ 4. The county treasurer shall, immediately after the Treasurer to give
proceeds of the sale of said bonds are paid into the treasury,
give notice in three Chicago daily papers, that he is prepared
to pay said orders or certificates. Upon all moneys which
at any time hereafter may be paid into the treasury of said
county, or be received by the treasurer thereof, for or on ac-
count of the sale of said bonds, so issued as aforesaid, or Fee of treasurer,
under the provisions hereof, or any of them, and upon all
moneys which may be hereafter collected by taxation for
the purpose of paying said bonds, or any part of them, or
the interest on the same, or any part thereof, the treasurer
of said county shall be entitled to receive a commission of
one-half of one per cent., and a like commission of one-half
of one per cent, upon all moneys paid out by him in pursu-
ance of the provisions of this act, which shall be in lieu of
all other charges, costs and commissions in and about the
moneys the said treasurer may receive or pay out, as pro-
vided by this act
12&
BOUNTIES.
§ 5. This act shall be deemed a public act, and take
effect from and after its passage.
Approved February 2, 1865.
In force Feb. 15, AN ACT to authorize the county of Cook to issue bonds, and to provide for
1865
the payment of the principal and interest thereon.
Preamble. "Whereas, by the action of the board of supervisors of Cook
county, at a meeting thereof, held in the month of Feb-
ruary, (1S65,) eighteen hundred and sixty-live, certain
county orders or certificates were authorized to be issued,
for the purpose of paying bounties, and to aid the families
of soldiers ; and, whereas, in pursuance of such action,
certain county orders or certificates were issued, for the
purpose aforesaid, and other orders or certificates may
hereafter be issued, under and in pursuance of said action
of said board, for like purposes ; therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
Bonds may be is- of supervisors of the county of Cook shall issue bonds of said
■aed- county, from time to time, as the same may be required, not
exceeding the sum of one million five hundred thousand
dollars, in the aggregate, to bear interest, not exceeding the
rate of seven per cent, per annum ; the principal and inter-
nmeofpayment <?-st payable at such time or times, and at such place or
places, as the said, board shall fix ; and shall authorize the
said bonds to be sold, and the proceeds thereof shall be paid
into the county treasury, and shall be applied to pay the
said orders or certificates, so drawn, as aforesaid, or such
orders or certificates as may be issued hereafter, in pursu-
ance of said action of said board, or in pursuance of any ac-
tion, resolution or order which said board of supervisors is
hereby authorized and empowered to take or pass, for the
purpose of paying bounties to soldiers or to aid soldiers'
families.
Bonds how § 2. The said bonds shall be signed by the chairman of
gignad. gr^ board, and by the clerk of the county court of said
county, and shall be sealed with the seal of said court, and
registered by the treasurer of said county.
Tax to raise mo- § 3. The said board of supervisors are hereby directed
B67" to levy a tax, from time to time, as the same shall be re-
quired, to pay the principal and interest upon said bonds, as
they shall become due ; which said tax shall be collected as
other county taxes, and the same, when collected, shall be
applied to the payment aforesaid.
Treasurer to give § 4. The county treasurer shall, immediately after the
proceeds of the sale of said bonds are paid into the treasury,
notice.
BOUNTIES. 121
give notice in three Chicago daily papers, that he is prepared
to pay said orders or certificates. Upon all moneys that Fee of treasurer,
may hereafter be paid into the treasury of said county, or
be received by the treasurer thereof, for or on account of the
sale of said bonds, so issued, as aforesaid, or under the pro-
visions hereof, or any of them, and upon all moneys which
may herealter be collected by taxation, for the purpose of
paying said bonds, or any of them, or the interest on the
same, or any part thereof, the treasurer of said county shall
be entitled to receive a commission of one-half of one per
cent., and a like commission of one-half of one per cent, upon
all moneys paid out by him in pursuance of the provisions
of this act, which shall be in lieu of all other costs, charges
and commissions in and about the moneys the said treasurer
inay receive or pay out as provided by this act.
§ 5. This act shall be deemed a public act, and take
effect from and after its passage.
Approved February 15, 18G5.
AN ACT to authorize the levy and collection of taxes in DeWitt county, for in force Feb. 1&,
bounty purposes. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of DeWitt county are hereby authorized, at special tax, two
any regular or special session, to levy such special tax, not percent-
to exceed two per cent, per annum, on the taxable property
of any township, (or townships, where more than one town-
ship is included in an enrollment district,) in said county, as
may, in their opinion, be necessary to pay a sufficient num-
ber of volunteers or drafted men from said township or
townships, to fill any quota due from said township or town-
ships, under any call heretofore made, or hereafter to be
made, by the authority of the United States, under the act
of congress of 3d of March, 1863 : Provided, that the super- Proviso,
visor from such township or townships, sought to be taxed,
shall jjresent to said board of supervisors a petition, signed
by a number of legal voters of said township or townships,
equal to one-half of the legal votes polled in such township
or townships at the last election preceding such meeting of
the board of supervisors.
§ 2. The money raised under the provisions of this act
shall be a fund, belonging to the township or townships
taxed, and the proceeds shall be applied to paying such vol-
unteers or drafted men as may be credited to such township
or townships under any call made by the authority of the
United States.
122 BOUNTIES.
Amount to vol's. § 3. The amount of bounty to be paid to volunteers or
drafted men, to fill the deficiency in any of the townships
of said county of DeWitt, shall be determined by the
board of auditors thereof, a majority of whom shall deter-
mine the same.
Taxes how iev'd § ^" -^-11 the taxes which may be levied in pursuance of
the provisions of this act shall be levied upon the taxable
property in said township or townships at the assessment
last preceding such lev}', and shall be collected in the man-
ner that other county taxes are collected ; but the commis-
sion for collecting the same shall only be one-half the per
centage now allowed by law for collecting revenue.
May borrow mo- § 5. For the purpose of supplying the deficiency of
"ey- troops from any township or townships, the board of audi-
tors of such township or townships affected by this act shall
have the right to borrow money, upon the bonds of such
township or townships, not exceeding the amount which
may be raised under the provisions of this act, in any one
year.
?ee of treasurer. § q. All township collectors shall, at least once in ten
days, pay over to the county treasurer of their county all
taxes collected under the provisions of this net ; and the s?id
treasurer shall pay over and disburse said taxes at such
time and according to such regulations, not inconsistent with
this act, as said board of supervisors may, from time to time,
determine; and the said treasurer shall only be allowed
one-half of the per centage for receiving and disbursing said
funds as is now allowed by law for receiving and disbursing
county revenue.
§ 7. This act is a public act, and shall be in force from
and after its passage.
Approved February 15, 1865.
to force Feb. 16, AN ACT to allow the several towns in DuPage county to issue bonds, and
1865- for other purposes.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Towns may issue several towns of DuPage county be and they are hereby
authorized to issue bonds, bearing seven per cent, interest,
to pay bounties to volunteer soldiers, to fill the quota of said
towns, or any of them ; such bonds to be executed by the
supervisor and town clerk, when authorized so to do by a
vote of a majority of the legal voters of the town, at any
regular or special town meeting.
special tax. g 2. Any town in said county, by vote, may levy a tax
of not more than three per cent, upon the taxable property
BOUNTIES. 123
in the town, in addition to the annual tax levied by the
board of supervisors of said county, for the payment of
bounties ; which additional tax shall be levied and collected
as other taxes are levied and collected : Provided, that the Proviso,
town collector shall only receive one-half the usual fees
allowed by law for collecting such additional tax.
§ 3. This act shall be in force from and after its pass-
age.
Approved February 10, 18G3.
AN ACT to legalize the action of the board of supervisors of the county of In force Feb. 16,
Fulton, appropriating money fur the relief of drafted men, soldiers and 1865-
families, and for bounties, and to authorize future appropriations for like
purposes.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all reso-
lutions or orders which have heretofore been passed by orders legalized,
the board of supervisors of the county of Fulton, appropri-
ating money for the relief of men drafted or mustered into
the "service of the United States, or for the relief of the
families of soldiers in the actual service of the United States
or of this state, are hereby legalized and approved.
§ 2. The board of supervisors of said county of Fulton May raise money
are hereby authorized and empowered to make any further
appropriation of money, or to borrow money on their bonds,
for any or all of the purposes specified in the first section
of this act, or. for the relief of men who may hereafter be
drafted and mustei^d into the service of the United States,
or for bounties to volunteers, or for the relief .of the fami-
lies of soldiers in the actual service of the United States or
of this state, and to issue bonds therefor, and provide for
paying interest thereon.
% 3. The board of supervisors of said county of Fulton
are hereby authorized and empowered to assess a tax upon
all the taxable property of said county, for the purpose of
liquidating any debt, certificate of indebtedness, bond or
bonds, which the said county of Fulton may have become
liable to pay, or may hereafter become liable to pay, issued
or given for any of the purposes aforesaid : Provided, that proviso,
no appropriation of money for any of the purposes specified
in this act, shall exceed, in the aggregate, the sum of one
hundred thousand dollars in any one year; and the same
shall be levied and collected as other taxes are levied and
collected, and paid over into the hands of the county treas-
urer, to be by him disbursed in accordance with the orders
of the board of supervisors, for the purposes specified in this
act, and no other.
124
BOUNTIES.
§ 4. This act shall be a public act, and take effect and
be in force from and after its passage.
Approved February 16, 1805.
111 forisr>feb' 9' ^ ^^ to aut,no"ze tuc several towns of the county of Fulton to levy a
war tax.
. Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
r™d may be lev- be lawful for any of the towns in said county of Fulton to
levy and collect a tax, of not more than three per cent, in
any one year, upon all the taxable property in the respective
towns of said county of Fulton, to pay bounties to volun-
teers, substitutes and drafted men, who may hereafter enlist
or be drafted into the service of the United States; which
tax shall be known as the " bounty tax," and the fund
thereby created as the " bounty fund?'
rax, how coiiec- § 2. The supervisor, collector and assessor of any of
said towns, in said county, are hereby authorized, and it
shall be their duty, on the petition of a majority of the
legal voters of said towns, to extend the said tax, under the
name of the "bounty tax," upon the tax books of said
towns, or any of them ; and the same shall be collected'in
like manner, and by the same collector, in each of said
towns, as the state and county tax, and by the said collector
paid over to the town clerk of said town, who shall previ-
°t^nd t0 eive ously give bond to the people of the state of Illinois, for
the use of said town, conditioned for the safe keeping of
said money, and the faithful discharge of his duty under
this act, for such amount, and 'with such security, as the
said supervisor, assessor and collector may require, and de-
posit the same, when so executed, with the supervisor of
said town ; and in case of the failure of said town clerk to
give bond, as aforesaid, then said supervisor, assessor and
collector may appoint some proper and competent person to
act as the custodian of said fund, from whom they shall
require bond, as aforesaid.
Mnd, how used. § 3. The said bounty fund may be expended and paid
out for the purposes mentioned in the first section of this
act, by said supervisor, assessor and collector, in each of the
said towns, or a majority of them, and shall be paid out by
said town clerk or custodian, upon their order, or the order
of a majority of them.
Account and re- § 4. The said supervisor, assessor and collector, in each
of said towns, as also the town clerk or custodian of said
bounty fund, shall keep a full and correct account of all
their acts and doings under the provisions of this act, of all
BOUNTIES. 125
orders issued by them, of all the moneys by them, or either,
retained or paid out, to whom and for what paid ; and shall,
during the week next preceding the annual town meeting,
in their respective towns, make a full and complete account,
in writing, of the same, to one of the justices of the peace
of said town ; which report shall, at all times, be open to
the inspection of all persons desiring to examine the same.
§ 5. When any of the said towns, in the said county of when towns are
Fulton, shall have levied a tax under the provisions of this tax"pt fl°m
act, sufficient to relieve the said town from any draft, then
the said town shall be exempt from any tax levied by the
board of supervisors of said county for similar purposes.
§ 6. This act shall take effect and be in force from ami
after its passage.
Approved February 9, 1865.
AN ACT for the relief of Greene county. In f°rce Jfcn. 16,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assemble/, That the
county court of Greene county is hereby authorized and conntybonda.
empowered to issue county bonds, in a sum not exceeding
one hundred thousand dollars, and to bear interest, payable
annually, not exceeding ten per cent, per annum.
§ 2. Said bonds, when so issued, may be sold at a rate Bonds may be
it sold
not less than seventy-five cents on the dollar, and the proceeds
thereof applied either for the purpose of encouraging en-
listments or volunteering in the United States army, or for
the purpose of procuring substitutes for such citizens of
Greene county as may hereafter be drafted into the United
States service.
§ 3. This act to be in force from and after its passage.
Appkoved January 16, 1865.
AN ACT in relation to appropriations for war purposes in Hancock county, in force Feb. 9,
and levying special taxes to pay the same. Is65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That hereaf-
ter, no appropriation shall be made by the board of super- People to vote,
visors of II an cock county, or by the municipal authorities
of any city or town in said connty, for any of the purposes
contemplated by an act entitled "An act to encourage the
12o
BOUNTIES.
Accounts,
kept.
Proviso.
Special tr.x
Proviso.
formation and equipment of volunteer companies," ap-
proved May 2nd, 1S61, without Urst submitting the propo-
sition for making said appropriation to a vote of the people
of such county, city or town, hj which said appropriation is
proposed to be made; and [if] a majority of the legal vo-
ters of said county, city or town shall vote in favor of said
proposed appropriation, taking the vote of said county, city
or town, at the last general election prior to the submission
of such proposition, as the test of the number of voters in
how said county, city or town. And the indebtedness created
by such appropriation shall be kept distinct from any other
indebtedness of said county, city or town ; and the tax
levied for the payment thereof shall be kept distinct from
other revenues collected, and shall be applied only to the
payment of said indebtedness : Provided, there shall be at
least ten days' notice given, by posting notices of said elec-
tion in at least three of the most public places in each town
or ward throughout said county, city or town, where said
election is to be held, stating the time, place, and } (reposi-
tion to be voted upon ; and the ballots shall be, " for appro-
priation," or "against appropriation."
§ 2. That it shall be the duty of the board of supervi-
sors of said county of Hancock, and of the city council of
any city, or president and trustees of any town, in said
county, which may have heretofore or shall hereafter make
any appropriation under said act of May 2nd, 1861, or pur-
porting to be under said act, to levy, annually, and cause to
be collected, a special tax of five mills on the dollar of all
taxable property in said county, city or town, and appropri-
ate the same, over and above the cost of collection, exclu-
sively to the payment of said appropriation ; and shall use
no other funds of said county, city or town for the payment
thereof: Provided, that any such appropriation heretofore
made, under or purporting to be under said act of May 2nd,
1861, by the board of supervisors of said county, is hereby
confirmed, and declared a valid debt of said county.
§ 3. This act shall be a public act, and take effect and
be in force from and after its passage.
Approved February 2, 1865.
In force Feb. 15, AN ACT to authorize the town of Elizabeth, in the county of Jo Daviess,
1865. to levy a special tax, to refund money furnished to pay bounties to volun-
teers.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
speciaitax to be town of Elizabeth, in the county of Jo Daviess, be and is
levied. hereby authorized and empowered to levy a special tax on
BOUNTIES. 127
all the taxable property in said town, not to exceed two per
cent, in any one year, for the purpose of refunding to sun-
dry persons, money furnished by them to pay bounties to
volunteers from said town.
§ 2. Upon the presentation to the town clerk of said People to rote,
town of a petition, signed by any twelve tax-payers residing
therein, praying for a vole on the question of taxation, un-
der this act, and stating the rate of taxation desired, not
exceeding two per cent., as aforesaid, it shall be his duty,
when giving notice of the next town meeting, to state in the
notices required by law that a. vote by ballot will be had
for or against taxation for volunteer purposes, naming in
said notices the rate of taxation petitioned for ; and if it
shall appear that a majority of all the votes cast at said
town meeting are in favor of taxation, then the said tax
required shall be certified by the board of town auditors to
the board of supervisors, and shall be levied and collected*
as other town charges are levied and collected.
§ 3. The electors, at town meeting, shall have power to Funds, how paid
make such rules and regulations, as to the time and manner outl
of disbursing the funds arising under this act, as they may
deem needful
§ 1. This act shall take effect and be in force from and
after its passage.
Appkoved February 15, 1865.
AN ACT to legalize certain county orders of the county of Kankakee therein In force Feb. 16,
mentioned. 1865-
Section 1, Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That certain
county orders, issued to Collins H. Jordan, February 6th, orders legalized.
a. d. 1861, to the amount of three thousand dollars, due on
the first day of March, a. d. 1867, and two thousand three
hundred and thirty dollars, due on the first day of July,
1867, and certain other county orders, issued to Albert G.
Hobbie, March 29, a. d. 1861, to the amount of five thou-
sand dollars, due on the first day of April, a. d. 1868, and
five thousand dollars, due on the first day of July, a. d.
1868, and orders issued to Trueman Hiding, April thirteenth
or fifteenth, a. d. 1861, to the amount of five thousand dol-
lars, due on the first day of July, a. d. 1869, and orders
issued to David Perry, September 24th, a. d. 1861, to the
amount of five thousand dollars, due on the first day of
April, a. d. 1870 ; said orders having been issued and sold
to raise bounty money for soldiers enlisted in the United
States service. Said orders are hereby declared legal and
128 BOUNTIES.
valid, in law, to all intents and purposes, and shall be bind-
ing on said county of Kankakee, for both principal and
[interest, any] law to the contrary notwithstanding.
This act to be a public act, and take effect and be in force
[from] and after its passage.
Approved February 16, 1865.
Funds for
cruits.
in force Feb. 14, AN ACT to authorize the board of supervisors of Kendall county to borrow
1865. money.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
• supervisors of the county of Kendall be and are hereby
authorized and empowered to borrow money, in one or more
loans, not exceeding, in all, the sum of eighty thousand
dollars, to pay for and take up the outstanding bounty
orders issued by order of the supervisors of said county to
pay recruits for the service of the United States ; and that,
for the purpose aforesaid, the supervisors of said county be
and are hereby authorized to issue bonds of said county, for
such sums, and in such form, and payable at such times and
places as said supervisors may designate and deem proper;
said bonds to be signed by the chairman of the board of
supervisors of said county and countersigned by the clerk
of the county court of said county, with the seal of said
county annexed, and, also, to have a copy of this act indorsed
thereon. Said bonds, so executed, shall be disposed of by
said supervisors, and shall be obligatory upon said county ;
and the board of supervisors, aforesaid, shall cause a tax,
not exceeding ten mills, per annum, on the dollar, to be
levied on the taxable property of the county, and collected
for the purpose of meeting interest coming due on said
bonds.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1865.
Bonds, how sold
Special tax.
In force Feb. 15, AN ACT to authorize the board of supervisors of Kendall county to borrow
1865, money.
Section 1. Be it enacted by the People of the Slate of
Illinois, represented in the General Assembly, That the board
Bonds may be 0f supervisors of Kendall county be and they are hereby
authorized to issue bonds for eaid county, for a sum not
BOUNTIES. 129
exceeding the sum of eighty thousand dollars, in such
amounts, and drawing such interest, not exceeding ten per
cent., as they shall see tit.
§ 2. That said bonds shall be sold for a sum not less Bonds, and how
than the face thereof; and the proceeds of said bonds, when
sold, shall be used for the purpose of taking up bounty
orders, heretofore issued by said board, for war purposes.
§ 3. The bonds so issued shall be signed by the chairman how executed,
of the board of supervisors, by the clerk of the county court,
under the seal of said county, and a copy of this law shall
be printed upon the back of each of said bonds.
§ 4. This law shall be a public act, and shall be in ro*rce
from and after its passage.
Approved February 15, 1865.
AN ACT to authorize the levy and collection of county and town taxes in In forigg5eb* 10,
Lake county, for the payment of bounties to volunteers and accepted con-
scripts; to legalize all town meetings heretofore held in said county, for
war purposes ; to legalize all county and town bonds, heretofore issued ;
and to authorize the issuance of county and town bonds, for war purposes ;
and to grant certain powers therein mentioned to town electors in said
county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of Lake shall have power to CtoTo\unteerSnty
grant a county bounty, not exceeding three hundred dollars,
each, to volunteers or accepted conscripts ; to issue and dis-
pose of county bonds, to raise money to pay bounties given
by said board to volunteers or accepted conscripts ; said
bonds to be signed by the chairman of said board of super- ^ecuteT.3 how
visors, countersigned by the clerk of said board, and sealed
with the seal of the county court of said county; to levy
and collect a special tax, of not exceeding three per cent,
upon the taxable property of said county, to pay bonds
issued for war purposes or to pay bounties given to accepted
conscripts, in manner as is provided in an act entitled "An sPecial tax-
act to authorize the levy and collection of taxes in counties
therein named, for the payment of bounties to persons mus-
tered into the service of the United States, and provide for
the adjustment of claims relating to the same," approved
January, 1865.
§ 2. All regularly convened town meetings, heretofore Acts Realized,
held in any town in Lake county, for the purpose of voting
a town bounty to volunteers or accepted conscripts and to
authorize the assessment of a tax upon said town to pay
said bounties, are hereby made legal and valid : Provided, Proviso-
—12
130 BOUNTIES.
dred dollars to each volunteer or accepted conscript.
that said town bounty shall not exceed the sum of six hun-
t for bount § ^. The board of supervisors of Lake county are hereby
' authorized to levy and cause to be collected a special tax,
upon the taxable property of any town in said county, which
has, at any town meeting, legalized by this act, authorized
a town bounty to be given to volunteers or accepted con-
scripts, and the levying of a town tax, to pay the same, in
the same manner as is provided in the act heretofore recited
in the first section of this act : Provided, the rate of tax,
each year, which may be levied by said board of supervisors
upon the taxable property of such town or towns, for the
purpose of paying town bonds or town bounties, shall not
exceed the rate authorized by the electors of such town or
towns at their town meetings.
voters to fix tax. § 4. The electors of the several towns in said county,
which have, before the passage of this act, in town meeting
assembled, authorized bounties to be given to volunteers or
accepted conscripts, shall have power, at their annual town
meetings, or at special town meetings, when properly and
regularly convened, to designate and fix the rate of tax
which shall each year be levied upon the taxable property
of said town, by the board of supervisors of said county,
for the purpose of paying the indebtedness incurred by said
town on account of town bounties given to volunteers and
accepted conscripts.
bonds. § 5. The several towns in Lake county, which have, at
town meetings legalized by this act, authorized a town
bounty to be given to volunteers or accepted conscripts, are
hereby authorized to issue town bonds, in such sums as the
board of town auditors shall determine ; said bonds to be
signed by the supervisor and countersigned by the town
clerk, and, when issued, to be disposed of by the supervisor,
and the funds arising therefrom to be applied by said board
of town auditors in the payment of said bounties.
Bonds valid. § 6. All bonds heretofore issued by the board of super-
visors of Lake county, for the purpose of raising money to
pay bounties, which have been or which may be hereafter
given by said county to volunteers or accepted conscripts,
shall be legal and valid, and shall be obligatory upon said
county, and shall remain in full force and effect, according
to the terms thereof.
§ 7. All town bonds, which have been or which may be
hereafter issued by the authority of any town in Lake
county, which has, at any town meeting legalized by this
act, granted a town bounty to volunteers or accepted con-
scripts, shall be legal and valid, and obligatory upon the
towns issuing them, until paid, and shall remain in full force
and effect, according to the terms thereof.
Limit of bounty. § 8. Hereafter no larger bounty than three hundred
dollars shall, in any event, be authorized to be given by any
BOUNTIES. 131
town in Lake county to each volunteer or accepted conscript
credited to such town.
§ 9. This act shall take effect upon its passage.
Approved February 10, 1865.
AN ACT to legalize the action of the board of supervisors of the county of in force Feb. 6,
LaSalle, in relation to bounties to drafted men, and to extend the powers 1S65.
of said board.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all reso- Acts legalised,
lutions or orders, heretofore adopted by the board of super-
visors of the county of LaSalle, in relation to the payment
of bounties, or for the relief of drafted men who were mus-
tered into the service of the United States, or who furnished,
substitutes, who were mustered into the service of the Uni-
ted States and who were credited to said county of LaSalle,
be and the same are hereby legalized and declared valid and
obligatory upon the said county of LaSalle.
§ 2. Said board of supervisors of the county of LaSalle To give bounties
are hereby authorized and empowered, to give such boun-
ties or relief, as said board may deem advisable, to any or
all volunteers or drafted men, who have been or may here-
after be mustered into the service of the United States and
credited to the said county of LaSalle, or drafted men who
have furnished or may hereafter furnish substitutes, who
have been or may hereafter be mustered into the service of
the United States and credited to said county of LaSalle.
§ 3. That the said board of supervisors, for the purpose Bonds, how
of providing for the payment of the bounties or relief re- slgned'
ferred to in this act, may issue and sell or dispose of the
bonds of said county of LaSalle ; said bonds to be signed by
the chairman and countersigned by the clerk of said board
of supervisors, in such denominations, and payable at such
times and places, and bearing such rate of interest, not ex-
ceeding ten per cent., per annum, as said board may deter-
mine : Provided, said bonds, in the aggregate, including the Am-t of bounty.
bonds of said county heretofore issued for the military'pur-
poses, shall not exceed the sum of five hundred thousand
dollars.
§ 4. In order to provide for the payment of said bonds Tax.
herein mentioned, and the interest which may accrue there-
on, the said board of supervisors may levy and assess upon
all the taxable property in said county a tax, not exceeding
two per centum upon the assessed value of said property.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved February 6, 1865.
132 BOUNTIES.
In force Feb. 14, AN ACT to authorize the several towns in the county of Lee to appropriate
1865- money to pay bounties to persons enlisting into the military service of the
United States.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
several towns in the county of Lee shall have power, at any
Electors mny annual or special town meeting, duly called, by a majority
vote bounty. Q£ e]eci:ors voting at such town meeting', to appropriate
money to pay bounties to persons who have enlisted, or may
hereafter enlist in the military service of the United States,
to fill the quotas of such towns; and that a tax, not exceed-
ing three per cent., per annum, may be levied upon the tax-
able property in such towns, to pay such bounties.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1865.
In forceFeb. 1">, AN ACT to legalize the action of the board of supervisors of the county of
Lee, and to provide for the payment of bonds, and interest on the same,
issued by order of the supervisors.
i;;i;r>
Section 1. Be it enacted oy the People of the State of
Illinois, represented in [the] General Assembly, That the ac-
Action of board tion of the board of supervisors of the county of Lee, on the
legalized. seventh day of October, at the special October term, a. d.
1804, authorizing the issuing of county bonds to volunteers,
to fill the quota of soldiers of the county of Lee, under the
call of the President of the United States for five hundred
thousand men, be and the same is hereby legalized, and
that the bonds issued under the order of the said supervi-
sors, at said special term, shall be valid, in law, and binding
upon said Lee county.
special tax. § 2. That the board of supervisors of said county be and
they are hereby authorized and empowered to levy a special
tax on all the real and personal property subject to taxation
in said county, to pay the principal and interest on said
bonds, so issued as aforesaid, by order of said supervisors,
as the same shall become due and payable by the terms of
said bonds.
Tax, how levied. § 3. That the aforesaid special tax shall be levied in the
same manner and collected at the same time that all other
taxes are levied and collected in said county of Lee.
special tax. § 4. That the said board of supervisors shall have the
power and they are hereby authorized to levy and collect a
special tax, not exceeding the sum of one per cent,, on all
the real and personal property of said count}7, to be reserved
as a special fund, for the purpose of paying and discharging
BOUNTIES. 13*
the bonds so issued, as aforesaid ; said special tax to be
levied and collected at the same time and in the same man-
ner as all other taxes are levied and collected in the said
county.
§ 5. This act to take effect and be in force from and after
its passage.
Approved February 15, 1865.
AN ACT to legalize the action of the board of supervisors of the county of In force Feb, 1G,
Lee, and to provide for the payment of bonds and interest on the same, I860.
issued by order of the supervisors.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the action
of the board of supervisors of the county of Lee, on the Acts legalized.
seventh day of October, at the special October term, a. d.
1861, authorizing the issuing of couuty bonds to volunteers,
to fill the quota of soldiers of the county of Lee, under the
call of the President of the United States for five hundred
thousand men, be and. the same is hereby legalized ; and
that the bonds issued under the order of the said supervi-
sors, at said special term, shall be valid, in law, and binding
upon said Lee county.
§ 2. That the board of supervisors of said county be and special tax may
they are hereby authorized and empowered, to levy a special
tax on all the real and personal property subject to taxation
in said county, to pay the principal and interest on said
bonds, so issued as aforesaid, by order of said supervisors,
as the same shall become due and payable by the terms of
said bonds.
§ 3. That the aforesaid special tax shall be levied in the Tax, how coi-
same manner and collected at the same time that all other
taxes are levied and collected in said county of Lee.
§ 4. That the board of supervisors shall have the power special fund.
and they are hereby authorized to levy and collect a special
tax, not exceeding the sum of two per cent., on all the real
and personal property of said county, to be reserved as a
special fund, for the purpose of paying and discharging the
bonds so issued, as aforesaid ; said tax to be levied and col-
lected at the same time and in the same manner as all other
taxes are levied and collected in said county.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
134 BOUNTIES.
In force Apviil5, AN ACT authorizing the board of supervisors of Livingston county to levy
1865, and collect a tax, for war bounties, as therein named.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Tax maybe lev- board of supervisors of Livingston county ]>e authorized to
levy and collect a tax of fifty (50) cents on the one hundred
dollars' valuation of the taxable property of said county, for
war bounties, in addition to the amount now allowed to be
levied for war purposes.
Tax for jaii. § 2. And be it further enacted, That the board of super-
visors of the said county of Livingston be authorized to levy
and collect such an amount on the taxable 'property of said
county, as they may deem best, for the purpose of building
a suitable jail for said county, independent of any and all
other taxes now allowed to be levied in the said county of
Livingston.
Approved February 13, 1865.
In force Feb C, AN ACT to authorize the county court of Macoupin eouuty to issue bonds
18(35- and levy taxes, to raise money and pay bounties to volunteers.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
County court county court of Macoupin county be and is hereby autho-
a^/issulbona^ rized and empowered to issue bonds and levy taxes, to raise
money, in such sums as may be necessary, to pay bounties
for volunteers, to fill the quota of said county under the
present or any subsequent call of the president of the United
States for troops to serve in the present war with the so-
called Confederate States of America.
Limit of tax. § 2. That, for the purpose of raising money to pay said
bounties, the county court of said county is authorized, at
any regular or special session thereof, to levy a tax on all
the taxable property in said county, not exceeding three per
cent , per annum; or said court may borrow money and issue
bonds therefor, bearing interest at a rate not exceeding ten
per cent., per annum, or issue orders, in such amounts as
may be necessary ; which said orders shall be made payable
interest. at such times as said court may direct, and draw interest at
any rate, not exceeding ten per cent., per annum, payable
annually ; and said court shall have power to levy a special
tax to liquidate all indebtedness for any money that may be
borrowed or for any bonds or orders that may be issued, as
aforesaid, and for the interest that may accrue thereon.
Tax, how coiiec- § 3. Said taxes shall be collected in the same manner,
ted- at the same time, and by the same officers, who shall collect
the state and county taxes ; and the provisions of the acts
BOUNTIES. 135
now in force for the collection of the revenue for state and
county purposes shall be in force and applicable to the col-
lection of the taxes by this act provided.
§ 4. Said county court shall appoint the person or per- Funds, how paid
sons who shall pay out the bounties offered under the pro- out'
visions of this act. Said court shall, on or before the first
Monday of February, a. d. 1865, hold a special session, for
the purpose of determining whether they will pay said
bounties, and may, at said term, provide for said bounties
as is by this act provided.
§ 5. This act shall be in force from and after its passage.
Approved February 6, 1865.
AN ACT to authorize the county of Madison to issue bonds for the payment In force Feb. 16,
of bounties, and for other purposes. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of Madison county is hereby authorized to county may is-
issue bonds, not to exceed one hundred thousand dollars in
amount, and in such denominations as to them may seem
best, and bearing a rate of interest not to exceed ten per
cent., per annum, for the purpose of paying bounties to
volunteers who enlist and are sworn into the army of the
United States from said county or elsewhere, and are credi-
ted to its cpota under the call for three hundred thousand
men.
§ 2. The county court is authorized to levy such taxes Tax maybe iev-
for the payment of the interest on said bonds as may be led'
necessary, and to levy such a tax, annually, as a sinking
fund, to extinguish said bonds ; but said tax shall never
exceed three per cent, of the principal of said bonds.
§ 3. This act to be a public act, and to be in force from
and after its passage.
Approved February 16, 1865.
AN ACT to authorize the county of Marshall to issue bonds for bounty pur- in force January
poses. 18, 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of Marshall may authorize the Amount of the
issuing of bonds of said county, not to exceed, in the bond8'
aggregate, the sum of one hundred thousand dollars, to
136
BOUNTIES.
Bonds, and how
executed.
Special tax.
Extent of tax.
Pee of collector.
bear interest at a rate not exceeding ten per cent., per
annnra, and to be payable at sucb time or times as the said
board shall fix upon, to raise money for the payment of
military bounties, as said board shall order, to those who
shall go into the naval or military service of the United
States from said county.
§ 2. The said bonds shall be signed by the chairman of
said board and countersigned by the clerk of the county
court of said county and sealed with the seal of said court.
§ 3. That the said board of supervisors be and they are
hereby authorized and empowered to levy a special tax on
all the real and personal property subject to taxation in said
county, not exceeding ten mills on a dollar, to enable said
county to pay said bonds ; said special tax to be levied in
the same manner and collected at the same time that all
other taxes are levied and collected in said county of Mar-
shall.
§ 4. All taxes which may be levied by virtue of this act
shall be collected in the same manner as other county taxes,
but the commission for collecting the same shall only be
one-half for collecting county taxes.
§ 5. This act to take effect from and after its passage.
Approved January 18, 1865.
In force Feb. 16, AN ACT to enable the several towns in the county of Marshall to raise
1865- money for the payment of bounties.
extended.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the pro-
provisionsofact visions of the act entitled "An act to enable the citizens of
the several towns in the counties therein named, to raise
money, for the payment of bounties," approved February
2, 1865, be and the same are hereby extended to the county
of Marshall the same as if said county had been originally
included in said act.
§ 2. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
BOUNTIES. 137
AN ACT to authorize the county of McDouough to levy a tax for the pur- in force Feb. 6,
pose of paying bounties to volunters and drafted men aud assisting their 1865.
families.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of McDonough be and they Bounties may be
are hereby authorized and empowered to make appropria-
tions for the purpose of paying bounties to volunteers and
drafted men, to till the quota of said county under the pres-
ent and future calls of the president of the United States
for troops, and for the relief of their families, while in said
service.
§ 2. The appropriations made by said board shall, in no Extent of bounty
case, exceed the sum of three hundred dollars for each vol-
unteer or drafted man.
§ 3. Said board of supervisors of said county may, in Famines of voi-
their discretion, appropriate a sum of money, not to exceed unteers-
ninety-six dollars per year, for the benefit of widows and
minor children of volunteers and drafted men of said county,
who may die while in said service of the United States.
§ 4. The provisions of this act shall be submitted to a Electors to vote,
vote of the legal voters of said county, at the annual town
elections in said county for the year a. d. 1865. The ballots
used at said election may be either written or printed on
white paper, and shall be "for bounty and conscript tax,"
or "against bounty and conscript tax;" and if a majority of
the votes cast upon that subject shall be in favor of this law
then it shall remain in full force and effect, but if not, then
it shall be null and cease to be in force from and after said
election ; but all appropriations made before said election,
as above provided, shall be good and valid, and be in no
manner affected by said vote.
§ 5. The expenditures and appropriations made by vir- M°°ey- a!Kl ho^
tue of this act shall be collected and paid out as other county paid out.
indebtedness.
§ 6. This act shall be in force from and after its passage.
Approved February 6, 1865.
AN ACT to enable McLean county to raise money for war purposes. in f°rce Feb. 10,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of McLean, and state of Illi- special tax.
nois, are hereby authorized and empowered to levy, for the
years eighteen hundred and sixty-five and eighteen hundred
and sixty-six, a special tax, not to exceed two per cent, on
138 " BOUNTIES.
all property subject to taxation in said county, to enable
said county to pay bonds issued by said board of supervisors
to raise money for the payment of bounties to volunteers
entering the military service of the United States and credi-
ted to said county.
Tax— how coi- § 2. The tax aforesaid shall be assessed and collected in
the same manner and at the same rate of compensation as
other county taxes, and, when collected, be paid over to
such agent as the board may appoint, and be expended,
under the direction of said board of supervisors, in liquida-
tion of the bonds aforesaid.
§ 3. This act shall be in force from and after its passage.
Appeoved February 10, 1865.
looted.
In force Feb. 15, AN ACT t0 legalize certain acts of the county court of Menard county, in
offering war bounties.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all
Acts legalized, acts and records of the county court of the county of Me-
nard, in regard to the offering of war bounties to persons
entering the United States military service, under the pres-
ent call of the President of the United States, and the issu-
ing of bonds therefor, done and made previous to the
approval of this act, be and are hereby legalized.
§ 2. This act shall be in force from and after its passage.
Appeoved February 15, 1865.
IU f°riS65eb' 15, AN ACT t0 ena1jle thc county court of tne county of Menard to levy and
collect a special war bounty tax.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
special war tax. county court of the county of Menard be and is hereby au-
thorized to levy a special war tax, not exceeding three per
centum annually, on all taxable property within said coun-
ty, except as hereinafter provided, as a special war tax,
to pay bounties to volunteers, substitutes and drafted men,
who may hereafter enlist or be drafted into the service of
the United States.
Loansof money. § 2. That, for the purposes herein mentioned, the said
county court are authorized to contract for loans of money,
and issue bonds therefor, bearing interest at a rate not ex-
ceeding ten per centum annually. The said bonds shall be
BOUNTIES. 139
signed by the judge of the county court, and countersigned B°unt^' how exe"
by the county clerk, and sold at not less than seventy-five
cents to the dollar. The said bonds may be made payable
at any bank in the city of New York, as, also, may be the
interest thereon.
§ 3. That, upon petition of a majority of the legal p^°t° for
voters of the county, as ascertained by the poll books of the
last general election preceding such levy, the county court
may offer a bounty, not exceeding five hundred dollars, to
be paid to each and every person who shall hereafter volun-
teer, be drafted, or enter the military service of the United
States as a substitute, from said county, under the present
or future calls of the President of the United States : Fro- Proviso-
vide'/, the said court may have power to suspend the pay-
ment of the same, whenever, in its judgment, it shall be
for the best interest of the county.
*J -f. The county and associate judges are hereby consti- ^£°™* of
tuted a board, whose duty it shall be to determine the
amount of bounties, the time Avhen and the person or per-
sons to whom said bounties shall be paid.
§ 5. Upon the orders of the judges of the county court, Money, how paid
countersigned by the county clerk, it shall be the duty of
the treasurer to pay to the person or persons to whom such
order or orders are drawn, or their order, the amount of
said order, out of me fund arising from the war tax, or
from the fund arising from the sale of bonds to be issued
under authority of this act.
§ 6. The clerk of the county court shall keep a record u^rd of boun"
of all bounties paid by the said county court; and this
record shall be open to the inspection of any legal voter of
the county.
§ 7. In the levy of a special war tax, the county court
may aliquote the same in such a manner that the seveial
precincts of the county shall pay a tax in proportion to the
deficit in men, as shall appear in each of said precincts from
the books of the provost marshal of the district in which
said county is situate.
§ 8. The assessment of this special war tax, and the
Ci'iiection of the same, shall be at the times and in the
manner which is now or may hereafter be provided by law
for the collection of other taxes, and the assessment of the
same.
§ 9. All penalties and forfeitures, as to persons or pro-
perty, for the non-payment of the state and county taxes,
which are now or may hereafter be provided by law, shall
apply to the collection of this special war tax.
§ 10. The fees and per diem of the judge and associate Fees of officers,
judges of the county court, the assessor, the clerk of the
county court, the collector, and treasurer, for services in
fulfillment of the duties provided in this act, shall be the same
as those provided for the assessment, collection, calculation
140 BOUNTIES.
and distribution of the taxes which are now or may hereaf-
ter be provided by law.
§ 11. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved Feb. 15, 1865.
In force Feb. 10, ^_jj ^qx f0 authorize the board of supervisors of the county of Pike to pay
bounties for volunteers, and to assist drafted men in procuring substitutes,
to levy and collect taxes, and issue bonds to pay for the same.
Preamble.
Whereas the board of supervisors of Pike county have, in
pursuance of a vote of the people of the said county,
offered a bounty of five hundred dollars for each volun-
teer under the call of the president, of December 17th,
1864, and in case the quota of said county shall not be
filled by volunteers, then the said sum to be paid to each
drafted man who shall be mustered into the service of
the United States, by himself or substitute : therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Amount of board of supervisors of Pike countv are hereby authorized
bounty. . -L •'. . •' .
to pay a bounty ot not exceeding rive hundred dollars, to
all volunteers who may be necessary to fill the present or
any future call made on said county by the government of
the United States, and to pay a sum not exceeding five
hundred dollars, (§500,) to each drafted man, when mustered
into the service, by himself or substitute ; and that all acts
of said board of supervisors, in reference to said bounty,
are hereby legalized, and all informalities in the call for a
meeting of said board are hereby waived.
beuviedf maJ § 2. That, for the purpose of providing the funds neces-
sary to carry into effect the first section of this act, the
board of supervisors of said county are authorized to levy a
special tax, upon the assessment of the property of said
county made in the year 1864 ; which tax shall not exceed
three dollars on each one hundred dollars' valuation of taxa-
ble property of said county ; and the clerk of the county
court of said county, in case said tax shall be levied, shall
make out tax books for each town in said county, and ex-
tend said special tax thereon, to which a warrant shall be
attached, signed by the chairman of the board of supervi-
sors and county clerk, as now required by law, and deliver
the same to the several town collectors in said county, within
ten days after the said tax shall be levied by said board of
supervisors, on the reception by said clerk of full informa-
tion of the passage of this act ; which tax, when so levied,
shall be a lien upon the property of said county, the same
Tax a lien.
BOUNTIES. lil
as other taxes, and shall, in all respects, be collected as other
revenue is now required to be collected- by law.
§ 3. That it shall be the duty of the several collectors
receiving such books to collect said taxes, and pay the same
over to the " volunteer committee " appointed by said
board of supervisors, and to return his books, within twenty
days from the time he receives the same.
§ 4. That said board of supervisors are hereby author- volunteer com-
ized to appoint a committee, to be called a "volunteer com- mittee'
mittee," each of whom shall give a bond and security, to be
approved by said board, who shall be authorized to receive Duties of.
said taxes, when so collected by said collectors ; to settle
with [the] several collectors for the same ; and after said set-
tlement, the said committee shall return the said tax books
to the county collector, who shall proceed to collect all de-
linquent taxes in the same manner as now required by law;
and, when so collected, said delinquent taxes shall be paid
over to said "volunteer committee," from time to time, on
their application for the same; and that the county collector
shall be paid the same fees for said services as now allowed
by law for the collection of ordinary county revenue.
§ 5. That if any of the several town collectors shall not, vacancy of coi-
within three days after being notified that said books are ll^°l' ho*
ready to be delivered, to him, come forward, hie bonds for
the faithful performance of his duties, then said " volunteer
committee' shall be empowered to fill any vacancy thus
made; which collector, so appointed, shall give bond, and
he governed, in all respects, as other collectors now are by
the laws in force in reference to revenue. Said committee
shall have power to fill any vacancy in their own body,
until the next meeting of the board of supervisors.
§ 6. For the purpose of paying bounties for volunteers, Amounl of spe.
and aiding drafted men to procure substitutes, said board ciaitax.
are authorized to levy a special tax, not exceeding §3 in the
$100 of valuation of any future assessment that may be
made in said county ; which shall be collected according to
law.
§ 7. That said board of supervisors, for the purpose of interest bonus,
carrying out the objects mentioned in the first section of
this act, [are] hereby authorized and empowered to issue
bonds, to run not exceeding twenty years, bearing a rate of
interest not exceeding ten per cent, per annum ; and for the
purpose of paying the same, and the interest thereon, are
hereby required to levy and cause to be collected a sufficient
tax, annually, to pay all interest that may accrue thereon;
and when said bonds shall become due, they shall levy and
collect a sufficient amount of money to pay the same. All
compensation for services by said committee and collectors
of said tax shall be fixed and regulated by said board of
supervisors.
142
BOUNTIES.
§ 8. This act shall be in force from and after its pas-
sage.
Approved February 10, 1S65.
in force Feb. 2,
1865.
AN ACT in aid of Sangamon county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Loan for voiun- action of the board of supervisors of Sangamon county,
teera. state of Illinois, at a special meeting of said board, convened
January 17, a.d. 1865, ordaining and providing for a loan for
the encouragement of enlistments to fill the quotas of said
county under the call of the president of the United States,
dated December 19th, a.d. 1861, be and the same is hereby
legalized and declared to be of binding validity.
§ 2. That the said board of supervisors shall have and
it is hereby vested with full and complete authority and
power to levy and collect, in the usual way, a sufficient tax
to pay said loan.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 2, 1865.
In force Feb, 15, AN ACT to authorize the board of supervisors of the county of Schuyler to
1S65. issue bonds for the purposes therein named.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
and board of supervisors of said county of Schuyler are hereby
authorized and empowered, at any annual or special meet-
ing of said board, to issue bonds, and sell the same, for the
purposes hereinafter named, to wit :
§ 2. For the purpose of paying for volunteers or hiring
substitutes, to fill the call of the 19th of December, a. d.
1861, or any future call, co be credited to any sub-district
of said county entitled to the same : Provided, that
said board of supervisors shall, in no one year, levy a tax
to exceed three per cent, on the taxable property of said
county for said purposes.
§ 8. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 15, 1865.
Moy issue
sell bonds.
Extent of tax
BOUNTIES. 143
AN ACT to authorize the several towns of the county of Schuyler to leTy a In force Feb. 16,
war tax. 1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful tor any of the towns in said county of Schuyler Extent of tax.
to levy and collect a tax, of not more than three per cent.,
in any cne year, upon all the taxable property in the re-
spective towns of said county, to pay bounties to volunteers,
substitutes and drafted men, who may hereafter enlist or
be drafted into the service of the United States ; which tax
shall be known as the "bounty tax," and the fund thereby
created as the "bounty fund."
§ 2. The supervisor, assessor and collector of any of said Petition for tax.
towns in said county are hereby authorized, and it shall be
their duty, on the petition of a majority of the legal voters of
said towns, to extend the said tax, under the name of the
"bounty tax," upon the tax books of said towns, or any of them;
and the same shall be collected in like manner and by the
same collector, in each of said towns, as the state and county
tax, and by the said collector paid over to the treasurers of
the school funds of the several towns, who shall previously
give bond to the people of the state of Illinois, for the use Bonds to begH--
of said town, conditioned for the safe keeping of said moneys
and the faithful discharge of his duty under this act, for
such amount and with such security as the said supervisor,
assessor and collector may require, and deposit the same,
when so executed, with the supervisor of said town ; and
in case of the failure of the said school treasurer to give bond,
as aforesaid, then said supervisor, the assessor and collector
may appoint some proper and competent person to act as
the custodian of said fund, from whom they shall require cf^dian of
bonds, as aforesaid.
§ 3. The said supervisor, assessor and collector, in each Record of acts,
of said towns, as also the treasurer of the school fund or
custodian of said bounty fund, shall keep a full and correct
account of all their acts and doings, under the provisions of
this act, of all orders issued by them, of all the moneys by
them, or either, retained or paid out, to whom and for what
paid; and shall, during the week next preceding the an-
nual town meeting in their respective towns, make a full
and complete account, in writing, of the same, to one of Report.
the justices of the peace of said town ; which report shall, at
all times, be open to the inspection of all persons desiring
to examine the same.
§ 4. When any of the said towns in the said county when towns are
shall have levied a tax, under the provisions of this act; tax.mpt from
sufficient to relieve the said town from any draft, then the
said town shall be exempt from any tax levied by the board
of supervisors of said county for similar purposes.
§ 5. The said supervisor, assessor and collector may Bonds. how exe-
144
BOUNTIES.
borrow mone}7, for the purposes aforesaid, and may give
bonds for the same, in the name of their respective tow^s,
to be signed by them, in their official capacit}7, to ran any
time, not to exceed five years, to bear a rate of interest not
to exceed ten per cent, per annum.
§ 6. All laws and parts of laws in conflict with this act
are hereby repealed.
§ 7. This act shall take effect and. be in force from and
after its passage.
Approved February 16, 1865.
May
money.
Special tax.
In force Feb. 15, j^ ACT to enable the county of Shelby to levy taxes and borrow money
for the purpose of procuring the enlistment of volunteers, and for the relief
of drafted men, during the existence of the present rebellion.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
borrow board of supervisors of Shelby county are hereby authorized
to borrow money ; and for that purpose to issue the bonds
of said county, bearing interest at a rate not exceeding ten
per cent., per annum, in sums of not less than lit'ty dol-
lars each, and, in the aggregate, not to exceed the sum of
one hundred and fifty thousand dollars in any one year,
to be used for the procurement of volunteers to fill the quota
of said county, in the. military service of the United States,
and to purchase substitutes for and afford relief to persons
drafted into said service during the existence of the present
rebellion.
§ 2-. That said, board shall, at the same time at which
any such bonds may be ordered to be issued, levy a special
tax, to be designated "the war tax," upon all the property,
both real and personal, in said county, for a number of
years, not exceeding four, from the date of such bonds, as
will be sufficient to redeem said bonds and all accrued interest
thereon ; and which special levy, when so made, shall be irre-
vocable by any future board or authority in said county,
unless the redemption of such bonds shall be fully provided
for and secured in some other manner : Provided, that such
bonds shall not run for a longer time than four years, and
that no bonds shall be issued in pursuance of the provisions
of this act until the aforesaid tax shall be levied and ample
provision shall be made for the collection thereof.
§ 3. That said board of supervisors are hereby author-
ized, at any regular or special term of said board, to make
all necessary orders for levying said tax, issuing said bonds
and appointing all agents necessary and proper for carrying
out the object of this act, and to provide the time and man-
ner of collecting said tax.
Proviso.
Tax, bow levied
BOUNTIES.
| 4. This act shall be in force from and after its pas-
sage.
Approved February 15, 1865.
AN ACT to legalize the assessment, extension and collection of the bounty in f0rce Feb.
tax fund in the county of Stephenson. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
special tax of two percent., known as the "bounty tax fund," Acts legalized.
levied under the direction of the board of supervisors of
Stephenson county, on the twentieth day of January, a. d.
1865, on the taxable property of said county, and the mode
of collecting the same prescribed by said board of supervi-
sors, and all the proceedings of the proper officers in extend-
ing said tax, be and the same are hereby legalized ; and the
collectors of the several towns in said county shall have full
power and authority to collect said special tax, and the taxes
of the year a. d. 1864, now being collected, in all respects
as if the same had been levied and extended pursuant to
law.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 9, 1865.
AN ACT to enable the board of supervisors of Tazewell county, Illinois, to in force Feb. 2
levy and collect a special tax, for war purposes. 1865.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board of supervisors of the county of Tazewell, and state of Amount of sPe-
Illinois, shall be and are hereby authorized and empowered unteers.
to levy and collect, upon all the taxable property of said
county, as the same is now assessed for the year a. d. 1864,
in said county, a special tax, not exceeding three dollars
upon each one hundred dollars of such assessed valuation,
for the purpose of raising a fund to procure volunteers, hire
substitutes and pay drafted men, who shall be credited upon
the quota of said county of Tazewell, under the call of the
president of the United States for three hundred thousand
men, for the armies thereof.
[§ 2.] The clerk of the county court of said Tazewell New tax books,
county is hereby authorized and required to make a set of
—13
14:6 BOUNTIES.
new special tax books for said county ; and the board of
supervisors of said county are hereb}' authorized to appoint
a special collector in each of the several towns of said county;
and in case of the death, disability, refusal to serve, or re-
signation of the collector of any town, so appointed, it shall
be the duty of the town auditors of said town to appoint
collection of tax some suitable person, in his stead, to collect said special
tax, who shall have the same power, file bonds in the same
manner, and be liable to the same penalties as the township
collectors now are by law ; and the special collectors ap-
pointed by the board of supervisors shall also have the same
Bond. power, file bonds in the same manner, be liable to the same
penalties, and proceed in the collection of such special tax
in the manner now by law required of township collectors.
Treasurer's bond § 3. The county treasurer of said county shall receive
said money, when collected by said collectors, as other
county funds, and shall give additional bond, with security,
to be approved in like manner as now required by law in
case of county treasurers, to cover such additional responsi-
bility ; and each of said collectors and said county treasurer
shall be entitled to such fees and compensation for their
services under this act as like officers are now by law enti-
tled to receive for similar services under the township
organization act; and said money, when collected, and as
collected, shall be known as the "special tax fund," and
shall be subject to the order of the said board of supervisors,
and shall not be appropriated or applied except for the
purposes for which the same was raised.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 2, 1865.
Id force Feb.j 2, AN ACT to legalize the. action of the board of supervisors of Tazewell county,
1865- Illinois, relative to paying bounties, and to extend the power of the board
of supervisors of said county.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Acta legalized, action of the board of supervisors of Tazewell county, Illi-
nois, in assessing and levying taxes upon the taxable pro-
perty of said county, for the purpose of paying bounties to
volunteers or drafted men, who have been credited upon the
quota of said county, under previous calls of the president
of the United States, for men for the armies thereof, is here-
by made legal ; and the county scrip issued by authority of
said board of supervisors, in aid of that purpose, is hereby
made legal and valid ; and the taxes that have been or that
BOUNTIES. 147
may hereafter be assessed by the said board of supervisors
upon the taxable property of said county, to pay such boun-
ties, and to meet such scrip, as the same matures, shall be
collected as other taxes are collected.
The board of supervisors of said county is hereby author- county bond?,
ized, at any regular or special meeting, to appropriate, a ma-
jority of said board voting therefor, such sum of money as
shall be necessary for the purpose of paying bounties to vol-
unteers, or of aiding enrolled residents of said county, liable
to draft upon its assigned quota, in procuring substitutes
who shall be credited upon the quota of said county under
the present or any subsequent call of the president of the
United States for men for the armies thereof.
The said board of supervisors is hereby authorized to bor-
row the sum of money so appropriated, and to issue the
bonds of said county therefor, at their full value, to become
due at some period to be fixed by said board of supervisors,
not exceeding twenty years from their date, in sums not less
than one hundred dollars, each, and bearing interest payable
annually, at a rate not exceeding ten per cent., per annum,
and to provide for the payment of the annual interest, and
the principal when the same becomes due, by the assess-
ment and collection of an annual tax upon the taxable pro-
perty of said county, at a rate not exceeding, in any one
year, one dollar upon each hundred dollars of assessed vain- Rate of tax.
ation; and when said tax, or any part thereof, shall be col-
lected, the same shall be set apart and used as a special fund
for the purposes of such indebtedness, and for no other pur-
pose, and shall be known and designated as the "war tax
fund." The money so appropriated and borrowed shall be
paid out and distributed by the said board of supervisors, Funds, ho?r paid
under such regulations as the said board may prescribe, to
insure its due application for the purposes aforesaid.
This act to be in force from and after its passage.
Approved February 2, 1805.
AN ACT to legalize the action of the board of supervisors of Will county, In force Feb- 6>
and of the several towns or sub-districts thereof, in relation to bounties to 1865"
men for the army of the United States.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all of
the appropriations heretofore made by the said board of su- Act8 legalized,
pervisors of said Will county, or by any of the towns or
sub-districts, or the legal voters thereof, of said county, for
the purpose of bounties to men for the army, and all taxes
that have been or may be assessed and levied for the pur-
148 BOUNTIES.
pose of liquidating and paying saicl appropriations, or any
part thereof, be and are hereby ratified and declared valid,
in all respects ; and that the collections, levies and sales
made, or which may be made by the collector of said coun-
ty, or of any of said towns, and all certificates of purchase
issued by the proper officers, in pursuance thereto, shall not
be construed to be in any manner invalid.
Bounty and tax- ^> 2. That the board of supervisors of said county of
es- Will are hereby authorized to make appropriations, from the
county treasury of said county, for the purpose of raising a
county bounty, to iiil the quota of said county under the ex-
isting or any future calls of the president for men for said
army, and to levy taxes upon the taxable property of said
county, for the payment of such appropriations ; and that
each of said towns and sub-districts are authorized to make
appropriations for a town bounty, for the purposes afore-
said, and to levy a town tax, for the payment of such appro-
priations, on the taxable property of such town or sub- dis-
trict.
§ 3. That this act takes effect from -and after its passage.
Approved February G, 1SG5.
in force Feb. fi, AN ACT to enable the city of Elgin to levy a tax to procure substitutes or
1865. volunteers.
Section 1. Be it enacted by the People of the State of
Illinois, represented in [the] General Assembly, That the cor-
Tax for voiun- porate authorities of the city of Elgin, in the county of Kane,
in this state, are hereby authorized to appropriate such sums
as they may deem expedient, for the purposes of compensa-
ting volunteers or procuring substitutes, to serve in place of
those of her citizens, drafted to serve in the army of the Uni-
ted States, for the suppression of the rebellion.
Tax may be § 2. For the purpose of raising the means to pay any
appropriation made pursuant to the foregoing section, the cor-
porate authorities of the city of Elgin, aforesaid, may cause
a tax to be levied and collected upon the taxable property of
such city, in such manner as the city council of such city
may, by ordinance, provide, not exceeding three per centum
in any one year.
§ 3. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved February 6, 1865.
BOUNTIES. 149
AN ACT to enable the city of Peoria to appropriate money for the payment In force Feb. Ifi,
of bounties, and provide the means to pay such appropriations, and to re- '^
peal a law and a part of a law therein named.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the city
council of Peoria be and they are hereby authorized and em- Bounty for voi-
powered to appropriate, from time to time, by resolution, to be
entered upon their records of proceedings, such sums as said
city council may deem expedient, for the payment of boun-
ties to volunteers, substitutes and drafted men, who may en-
list under the present call, or hereafter enlist and be drafted
into the army of the United States, and credited to any ward
of said city or the town of Peoria : Provided, that the ag-
gregate amount of said appropriations shall not exceed three
hundred thousand dollars: And, provided, farther, that the
amount of bounty to be appropriated by said city council
shall, at no time, exceed the sum of two hundred dollars for
each man enlisted for one year, three hundred dollars for
each man for two years, and four hundred dollars for each
man for three years.
§ 2. That, for the purpose of enabling said city to pay citybond*.
any appropriation made pursuant to the foregoing section,
the said city council is hereby authorized and empowered,
by ordinance, to instruct the mayor or other proper officer
of said city, to issue and negotiate the bonds of said city,
payable at such times, not exceeding twenty years from
date, and at such place or places, with semi-annual interest
coupons attached, as the said city council may deem proper.
All of such bonds which may be made payable in the cit}'
of Peoria, shall bear an interest not exceeding ten per cent.,
per annum ; and those payable in the city of New York, or
elsewhere, out of the city of Peoria, not exceeding seven per
cent., per annum, payable semi annually. Said bonds shall vaiueofbond?.
be in such form as may be prescribed by said city council,
and shall be issued in denominations of five hundred or one
thousand dollars each, as the said city council may direcr.
The proceeds of said bonds shall be paid into the treasury
of said city of Peoria, and shall be kept separate and distinct
from the other funds of said city, and applied only to the
payment of bounties, as herein provided, in such manner as
said city council may direct.
§ 3. Whenever said bonds are issued and negotiated, Tax to be levied.
there is hereby annually levied, until said bonds are paid,
a tax, not exceeding seven mills on each doll ir*s worth of all
taxable property in township (8) eight north, range eight (8)
east, in Peoria county, and known as the town of Peoria,
made taxable by the laws of this state, to be applied to the
payment of the interest and principal of said bonds, as the
same become due and payable ; and it is hereby made the
duty of the city council of said city, while any of said bonds
150 BOUNTIES.
nre outstanding, to cause to be extended, annually, on the
collector's book, so much of said tax of seven mills, (as said
city council may deem sufficient to pay the interest on said
bonds, and provide a sinking fund for the payment of said
Bonds, when due bonds, when the same become due,) on the dollar of all the
taxable property in said township. Said tax to be collected
as other taxes of said city of Peoria, and, when collected.
shall be paid into the treasury of said city of Peoria, and
constitute a separate and distinct fund, under the head of
'•bounty tax fund," specially pledged to the payment of the
principal and interest of said bonds, as the same become
due.
Tr.x, how kvied. § 4. That for the purpose of enabling the said city coun-
cil to levy the tax herein provided on the real and personal
estate of the said townships, outside of said city of Peoria,
but within the said township, it is hereby made the duty of
the assessor of said city, to assess all of the real and personal
estate outside of the corporate limits of said city, but within
said township; and the said city council arc hereby author-
ized and empowered to levy said tax upon all real and per-
sonal property within said township, and outside of the cor-
porate limits of said city, for the purposes set forth in this
act, and for no other purpose whatever; audit is hereby
made the duty of the clerk of said city to enter, annually,
all the real estate of said township on the list prepared for
the assessor of said city, the snme as other real estate of said
intent of. act. (.jt-y 0f ;pGOria. The true intent and meaning of this act be-
ing, that all the real and personal estate of the said township
eight north, range eight east, shall pay the principal and in-
terest of all bonds issued by the said city council of said city,
in pursuance of this act.
Township ex- § 5. That said township of Peoria be and is hereby ex-
emptfromother ceptc(| from any ancj aij provisions of an act entitled "An
act to enable the citizens of the several towns in the counties
therein named to raise money for the payment of bounties,"
approved February 2, 18(35, and all the provisions of said
act, so far as the same extend to and include the township
of Peoria, be and the same is hereby repealed.
Act repealed. § 0. That an act, approved January loth, 1865, entitled
"An act to enable the city of Peoria, to raise money and ap-
propriate the same, for the purpose of encouraging enlist-
ments in said city, be and the same is hereby repealed. :
Provided, that such repeal shall not affect or invalidate any
act done or right accrued, but that all such acts and rights
shall remain in full force and effect, the same as if this act
had not been passed.
§ 7. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 10, 1805.
BOUNTIES. 151
AN" ACT authorizing the city of Quincy to levy a special tax to provide in force Feb. 14
means to obtain volunteers for the military service of the United States. 1865.
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
city council of the city of Quincy, in the state of Illinois, Amount of sPe-
,•',,, .i "i, , -, i 7 cial tax to be
shall have power to levy, upon all real and personal pro- levied,
perty within the limits of said city, and collect a special tax
of not exceeding fifry cents on each and every one hundred
dollars on the assessed value of said real and personal pro-
perty, as returned and now standing upon the assessment
rolls of said city for the year eighteen hundred and sixty-
four, now on file in the office of the city clerk of said city,
for the purpose of providing means to procure men as vol-
unteers to fill the quota of said city, in the military service
of the United States, under the last call of the President of
the United States, by bounties or otherwise : Provided, proviso,
that the proceeds of such tax shall be used for no other pur-
pose : And, provided, further, that the moneys arising from Further proviso,
such tax shall be so distributed and paid out as to give to
each ward or sub-district, in said city, its proper proportion
thereof, according to the number of volunteers hereafter
raised in or which hereafter may be credited to such ward
or sub-district under said call : And, provided, further, that
no more than three hundred dollars of said money shall be
paid to each volunteer.
§ 2. Said city council may cause the proper warrant for Tax how coiiect-
the collection of the tax authorized by section one of this
act to be issued, so soon as said tax can be ascertained and
extended upon the assessment rolls, aforesaid, and may pro-
vide for the time and mode of the collection thereof, and
make such other provisions and orders as shall be necessary
to enforce the speedy collection of said tax ; and said city
council may pledge the /proceeds of said tax, or any part
thereof, to such person or persons as may loan or advance
money to said city, for the purposes contemplated by this
act, upon the credit thereof: Provided, that United States
legal tender treasury notes and postal currency only shall be
received for said tax.
§ 3. Reports of all moneys paid out under this act, Reports of mo-
showing to whom and how much is paid, shall be made by
the person or persons paying the same, to be filed in the
office of the clerk of said city by the first day of May next,
which report shall be subject to the inspection of any citi-
zen of said city.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1865.
152
BOUNTIES.
In force Feb. 16, AN ACT supplemental to an act authorizing the city of Quincy to levy a
1865. tax and provide means to obtain volunteers for the military service of
the United States.
Amount of 8pe<
cial tax.
If voted for.
Act re-enacted.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
city council of the city of Quincy, in the state of Illinois,
shall have power to levy a tax upon all real and personal
property within the limits of said city, and collect a special
tax, of not exceeding fifty cents on each and every one hun-
dred dollars, on the assessed value of said real and personal
property, for the purpose of providing means to procure
men as volunteers to fill the quota of said city in the milita-
ry service of the United States, under any and all future calls
by the president of the United States, by bounties or other-
wise : Provided, that the city council of the said city of
Quincy shall not have power to levy said tax until the ques-
tion shall have first been submitted to the legal voters of
said city, at a special election, called for that purpose, and a
majority of said legal voters shall have voted in favor of
said tax.
§ 2. All the provisions of the act entitled "An act
authorizing the city of Quincy to levy a special tax, to pro-
vide means to obtain volunteers for military service of the
United States," which relate to the last call of the president,
are hereby re-enacted as a part of this act, so far as they
can be made to apply, in respect to any and all future calls
of the president.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
In force Feb. 16, AN" ACT to legalize bonds issued by the city of Waukegan, Lake county, to
1865- raise money to pay bounties to volunteers and accepted conscripts credited
to said city.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all war
Bonds legalized, bonds, heretofore or hereafter issued by the mayor and com-
mon council of the city of Waukegan, in Lake county, Illi-
nois, to raise money to pay bounties authorized to be given
by said city to volunteers or accepted conscripts credited to
said city, are hereby legalized, and shall remain in full force
and effect, according to the terms thereof.
§ 2. This act shall take effect immediately.
Approved February 16, 1865.
BOUNTIES.
15'
AN ACT to legalize the acts of the auditors of towns in the counties of In fo"|^eb- 16'
Will and Kendall, in relation to taxes assessed and levied for bounties to
men for the armies of the United States, and for the extending the collec-
tion of the same.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all
taxes that have been assessed and levied, for the purpose of Acts legalize*,
paying appropriations, bonds or certificates of indebtedness,
authorized by the auditors of any towns in the counties of
Will and Kendall, for the purpose of giving bounties to
men for the army, or for purposes connected therewith,
be and are hereby ratified and declared valid, in all respects,
and the collections, levies and sales made, or which may be
made, by the collectors of said towns, and all certificates of
purchase issued by the proper officers, in pursuance thereof,
shall not be construed to be in any manner invalid, and that
the collection of taxes in the counties of Will and Kendall
be and is hereby extended until the fifteenth day of March,
a. d. 1865.
§ 2. This act shall take effect from and after its pas-
sage.
Approved February 16, 1865.
AX ACT to enable the town of Appanoose, in Hancock county, to levy tax in force Feb. 16,
for war purposes. I865-
Section 1. Be it enacted by the People of the /State of
Illinois, represented in the General Assembly, That the town
of Appanoose, in the county of Hancock, are hereby author- Special tax maj-
ized, at any special town meeting, called for that purpose,
to levy a special tax in said town upon all the taxable pro-
perty therein, to any amount, not exceeding three per cent.;
and said tax, when levied, shall be certified by the modera-
tor and clerk of said town meeting to the county clerk of
Hancock county, within ten days after such [election] town
meeting. Said town meeting shall be conducted, in all re-
spects, as other town meetings are required by law to be
held and conducted. Such town meeting may, at anytime, Town meeting-.
be called by the town clerk of said town, when requested, in
writing, so to do, by twenty legal voters of said town. The
said county clerk shall, upon receiving said certificate of the
levying of said tax, shall extend the same on the tax collector's
book of said town ; and the collector of said town shall col-
lect said tax and pay the same over to the supervisor of said
town ; and said supervisor shall pay the same out as may,
from time to time, be directed by the board of auditors of
said town. But no part of said fund shall be used, except
154 BOUNTIES.
for war purposes. Said board of auditors may direct that
money heretofore advanced by individuals in said town for
war purposes be refunded to them ; also, direct the payment
of a bounty for volunteers, to be credited to said town, in the
military service of the United States, or to be paid to drafted
men, when mustered into said service, or when they shall
have put in a substitute ; and it shall be the duty of the
Funds-, how paid supervisor, aforesaid, to pay said fund upon the order of said
out board of auditors. This act shall be a public act, and be in
force from and after its passage. The same notice shall be
given of such town meeting as is required by law for calling
special town meetings, and, in addition thereto, said notice
shall specify the rate per cent, proposed to levy such tax ;
vote oe tax. and the persons voting for such tax shall have written or
printed on his ballot the words "for tax," and those voting
against said tax the words "against tax;" and if a majority
of the votes polled at said election shall be "for tax," said
tax shall be levied as herein directed.
Approved February 10, 1865.
In force Feb. 16, AN ACT to enable the township of Astoria, in the county of Fulton, and
'MX>.
state of Illinois, to vote a war tax.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the town-
May vote tax. ship of Astoria, in the county of Fulton, and state of Illinois,
be and it is hereby authorized and empowered to vote a tax,
not exceeding three per cent., on all the taxable property7,
real and personal, in the said township of Astoria, for the
purpose of procuring volunteers to fill the quota of said
township under any call that has been or may hereafter be
made under the laws of the United States for volunteers for
the service of the United States, or for the relief of any of
the bona fide citizens of said township that have been or may
hereafter be drafted into the service of the United States, or
for the relief of the families of drafted men.
Tax segaiized. g 2. All taxes which have been or may hereafter be
voted by the said town of Astoria for any of the purposes
aforesaid be and the same are hereby legalized and approved,
and the same declared to be collectable in the manner now
provided by law for the collection of taxes voted by town-
ships under the laws of this state.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
COUNTIES. 155
AN ACT to enable the citizens of Orion and Astoria townships, in the county jn force Feb. 10,
of Fulton, to raise money for the payment of bounties and for the relief of 1865.
drafted men.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful to levy and collect a tax, of not more than three Amount of tax
per cent, in any one year, upon all the taxable property in
the towns of Orion and Astoria, in the county of Fulton, to
pay bounties to volunteers, substitutes and drafted men, who
may hereafter enlist or be drafted into the army of the Uni-
ted States ; which tax shall be known as the *' bounty tax,"
and the fund thereby created as the " bounty fund."
§ 2. The supervisor, assessor and collector of said towns Petition for tax.
of Orion and Astoria are hereby authorized, and it shall be
their duty, on the petition of a majority of the legal voters
of said towns, to extend the said tax, under the name of the
" bounty tax," upon the tax books of said towns ; and the
same shall be collected in like manner and by the same col-
lectors as the county and state taxes are collected, and by
the said collectors paid over to the town clerks of said
towns, respectively, who shall previously give bond to the °^JS t0 s'lvs
people of the state of Illinois, for the use of said towns, con-
ditioned for the safe keeping of said moneys find the faithful
discharge of their duties under this act, for such amount and
with such security as the said supervisor, assessor and col-
lector may require, and deposit the same, when so executed,
with the supervisor of said town ; and in case of failure of
said town clerks to give bond, as aforesaid, then said super-
visor, assessor and collector may appoint some person to act
as custodian of said fund, from whom they shall require
bond and security as aforesaid.
The said bounty fund may be expended and paid use of fund.
nut, tbr the purposes mentioned in the first section of this
act, by said supervisor, assessor and collector of said towns,
or a majority of them, and shall be paid out by said town
clerks or custodians, upon their order, or the order of a ma-
jority of them.
§ 4. The said supervisors, assessors, collector, town clerk Accounts and re-
or custodian shall keep a full and complete account of all pt>1
their acts and doings under this act, of all orders by them
issued, of all moneys by them or either of them retained, [re-
ceived! or paid out, and to whom, and for what so paid, and
shall, during the week next preceding the annual town meet-
ing in said town, make a full and complete account, in writing,
ot the same, to one of the justices of the peace of said towns ;
which report shall, at all times, be open to the inspection of
all persons desiring to examine the same.
§ 5. This act shall take effect and be in force from and
after its passage. .
Approved February 16, 1865.
156 BOUNTIES.
In force Feb. 16, AX ACT to authorize the township of Big Grove, in the county of Kendall,
1SC5. to borrow money to pay bounties, etc.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the cor-
Borrow money, porate authorities, or a majority of them, of the township of
Big Grove, in the county of Kendall, or any other township
in said county, shall have power to borrow money, for one
or more years, at a rate of interest not exceeding ten per
cent, per annum, for the purpose of paying bounties to vol-
unteers and drafted men, to fill the quota or quotas of said
towm or towns under the present call of the president for
300,000 men, or for any future call for troops, and for pay-
ing all expenses attending the filling of said quota or quotas,
as they may deem just and right.
Tax, how levied. § 2. The aforesaid authorities shall cause a tax to be
levied upon the taxable property of said town or towns, an-
nually, sufficient to pay the principal and interest thus bor-
rowed, or any portion thereof, as they may deem best ; and
the board of auditors of said town or towns shall certify the
amount determined to be raised in each and every year to
the board of supervisors of said county, at their annual
meeting, in the same manner as the town expenses are now
by law required to be certified ; and the board of supervisors
of said county shall levy the same upon the taxable property
of said town or towns in the same manner as other town ex-
penses are now levied.
Acta legalized. § 3. And be it further enacted, That all action heretofore
had by said town or towns, either by vote or otherwise,
with reference to raising money to fill the quota or quotas
of said town or towns, under the present call for 300,000
men, be and the same is hereby legalized and made valid.
§ 4. This act shall take effect on and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT legalizing an appropriation made by the corporate authorities of
1865. the town of DuPage, in Will county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the ap-
Acts legalized, propriation of the sum of two thousand and six hundred and
sixty-seven dollars, made by the corporate authorities of the
town of DuPage, in Will county, at a special town meeting,
held at the Bartlett school house, in said town, on the twen-
tieth day of October, a. d. 1S64-, for the purpose of reim-
bursing certain persons in said town the amount advanced
by them to pay recruits to fill the quota of said town under
the call of the president of the United States for five hundred
lected.
BOUNTIES. 157
thousand men, be and the same is hereby fully legalized in
all respects.
§ 2. The collector of said town of DuPage is hereby Tax, how
authorized and required to proceed and collect the said sum
of two thousand six hundred and sixty-seven dollars, as
levied upon the taxable property of said town, and as en-
tered upon the tax books of said town, by the county clerk
of said Will county, for the year 1864. Said collector shall
pay out the said sum, when collected, to the person or per-
sons who shall be entitled to the same, in the proportion
authorized and required and directed by the board of audi-
tors of said town of DuPage.
§ 3. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to enable the town of Fall Creek, in the county of Adams, to levy In force Feb. 16,
and collect a tax, for a war fund therein named. 1S65.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
county clerk of the county of Adams, in the state of Illinois, volunteer tax.
be and he is hereby authorized and empowered to levy and
extend a tax, for the purpose of paying volunteers and
drafted men into the military service of the United States
hereafter to be credited to the town of Fall Creek, in said
county, upon all property, real and personal, in said town,
subject to taxation, of not exceeding fifteen per cent, one ach
dollar of the assessed value, from time to time of such prop-
erty in said town ; such tax to be so levied and extended in Tax, how levied
such proportions and in such amounts, from time to time,
as the committee on behalf of said town, hereinafter named,
shall require of said clerk : Provided, however, that a tax, Proviso,
of no more than fifteen per cent., as aforesaid, shall be
levied for the purpose aforesaid : Arid, provided, further,
that no more than one tax for the purpose aforesaid shall be
levied and collected in any one year
§ 2. That said county clerk shall levy and extend such Tax, how coi-
proportion of the tax named in section one of this act, as !ected'
said committee may designate, in the same manner and at
the same time he levies and extends the state and county
tax in said town for the year of our Lord eighteen hundred
and sixty-five, and shall, in like manner, in each and every
year thereafter, levy and extend such proportion of said tax
as said committee may designate ; which tax or taxes, so
levied and extended, shall be collected at the same time, by
the same officer and in like manner as the state and county
158
BOUNTIES.
Committer
town.
tax in said town of Fall Creek is or may be collected ; and
in case default be made in payment of any tax levied for
the purpose aforesaid, like proceedings shall be had and
payment thereof forced in the same manner as delinquent
state taxes: Provided,' that any collector collecting said tax
contemplated by this act, or any part thereof, shall not be
entitled to receive any per centage therefor.
§ 3. That all moneys received under the provisions of
this act shall, by the person or persons, officer or officers,
collecting the same, as soon as practicable, paid over to the
supervisor, at the time being, of said town ; and Robert
Rankin and Eli Seehorn, of said town, who are hereby de-
clared to be a committee on behalf of said town, or their
successors, to be paid out by them or their successors, in
the manner hereinafter provided; and in case said super-
visor, or either of the others of said committee, shall die,
refuse to act, remove from said town, or in any manner be-
come incompetent or unfit to attend to the duties of said
office, then the qualified voters of said town may, at any
general or special election, to be held therein, elect one
person to fill the place of such of said committee as may be
vacated by death, refusal to act, removal from said town, or
in any manner become incompetent or unfit to attend to
the duties of their said office, in the same manner as town
officers are now elected by law; and for that purpose may
special election, call a special election, on giving five clays' notice thereof ;
such notices to be posted in the manner now required by
law for the election of town officers; and, in like manner,
the qualified electors of said town may continue to fill all
vacancies, and continue in office three committeemen, for
the purpose aforesaid, until the fund which may be raised
under the provisions of this act- shall have been exhausted,
one of whom shall at all times be the supervisor of said
town.
§ 4. That the members of said committee, and their
successors in office, shall each execute a bond, with sufficient
surety, to be approved by the county judge of said county,
to the town clerk of said town in each year hereafter, a penal
sum, at least double the amount of the tax aforesaid, to be
collected in any one year, payable to said town, conditioned
for the proper and faithful discharge of their duties as such
committee ; and in case default be made in the conditions
of such bond, then the said town clerk shall cause suit to be
instituted thereon, in the circuit court of said county, and
prosecuted to final judgment ; which bond, so executed, shall
be filed in the office of said town clerk.
§ 5. Said committee, and their successors in office, shall
have power to borrow money, at any rate of interest, not
exceeding ten per cent., per annum, in each year, from the
passage of this act, equal in amount to the tax authorized
Dy this act, which shall be levied under the provisions hereof
Bond to be given.
May borrow mo-
ney.
BOUNTIES, 159
in any one year, and may pledge suck tax for the year for the
re-payment of the moneys so borrowed ; and this act shall
be so construed as to authorize the committee above named,
upon execution and approval of bonds, as aforesaid, to bor-
row money thereon and pledge the first tax to be levied un-
der the provisions of this act.
§ 6. Said committee, and their successors in office, are Moneys, how
hereby authorized and empowered to pay out all moneys pal
which shall come into their hands under the provisions of
this act, to such persons as may be hereafter drafted into the
military service of the United States from said town, and to
such as may volunteer into said military service and be
credited to said town : Provided, that all men hereafter
drafted from said town, who shall pay into the hands of said
committee the sum of twenty-five dollars shall each with the
other receive a like amount of the funds which shall be re-
alized by virtue of the provisions of this act in any one year,
together with said twenty-five dollars to be so paid in : And,
provided, further, that every person hereafter drafted into
said service from said town, who shall not pay said sum of
twenty-five dollars into the hands of said committee, shall
not be entitled to any part of the funds which may be raised
under the provisions of this act : And, provided, that no one
volunteer or drafted person shall be paid a greater sum than
four hundred dollars of said fund.
§ 7. The committeemen paying out moneys under the
provisions of this act shall report, in writing, to the town
clerk, the disposition they may make of the moneys coming
into their hands as such ; which report shall contain the
names of all drafted men who shall pay the said sum of
twenty-five dollars, also, the names and amounts paid each
volunteer and drafted man, which report shall be signed
and sworn to by each of such committee, and filed in the
office of the town clerk of said town, and be open to the
inspection of any inhabitant of said town who may desire to
see the same.
§ 8. This act shall be deemed a public act, and shall be
in force and effect from and after its passage.
Approved February 16, 1865.
AN ACT to authorize the township of Fountain Green, in the county of jn force Feb. 16,
Hancock, and state of Illinois, to levy and collect a tax to pay volunteers 1S65.
in the military service of the United States.
Section 1. Be it enacted by the People of the State of
Illinois, represented m the General Assembly, That the
county clerk of the county of Hancock, and state of Illi- Tax t0 be ,evied
nois, be and is hereby authorized and directed to proceed at
160 BOUNTIES.
once to levy and extend a tax against all property, real
and personal, in the township of Fountain Green, in said
county, of not exceeding three per cent, upon each and every
one hundred dollars of the taxable property in said town-
ship, as shown by the assessment rolls of eighteen hundred
and sixty-four, of the taxable property in said township,
now on file in the office of said clerk. That immediately
upon such tax being so levied and extended, that said clerk,
under his hand and the seal of said court, issue his warrant
to the collector of said township, authorizing such collector
Tiect d° be co1" to immediately proceed and collect said tax, in the same
manner as state taxes are collected.
§ 2. That the collector of said township, immediately
upon receiving said tax list, with the warrant aforesaid at-
tached thereto, proceed and collect the tax extended by vir-
tue of this act, in the same manner as he is by law required
to collect state taxes; and that, as soon as collected, said
collector shall pay the moneys arising from such tax into the
township treasury of said township.
Bond of officers. § o. That the town collector and treasurer of said town-
ship shall, before the collection of such tax, enter into
bonds with sufficient surety, to be approved by the supervi-
sor and one of the justices of the peace of said township,
each in a penal sum equal to double the amount of the tax
so to be collected, conditioned as similar bonds so given,
shall be filed in the office of said county clerk; and in case
default shall be made in the condition of such bonds, suit
may be instituted and prosecuted thereon to final judgment,
for the use of said township.
Money how dis- § 4. The moneys collected, by virtue of the provisions of
bui-sed. ^g ac^ s]ian |je p^d out under the supervision of the super-
visor, town clerk and one of the justices of the peace of said
township ; such justice of the peace to be selected by said su-
pervisor and town clerk, in paying volunteers into the mili-
tary service of the United States under the last call of the
Proviso. president for three hundred thousand men: Provided, that
no more than three hundred dollars shall be paid to any
Further proviso, one volunteer under said call : And, provided, further, that
the provisions of this act shall apply to all persons who have
heretofore or may hereafter volunteer under said call, and
Further proviso, have been or may be credited to said township : And, pro-
vided, further, that all persons who have or may put in
volunteer substitutes, under said call, and which have been
or may be credited to said township, shall receive an equal
amount of said money with any other person under this act.
Report. 5. That said supervisor, town clerk and justice of the
peace, paying out said fund, shall make a report, in writing,
of the persons to whom the same shall be paid, stating the
name of each person and amount paid him ; which report
shall be signed and sworn to by the persons making the
same ; and a false oath thereto shall subject the person or
BOUNTIES. 161
persons making the same to all the pains and penalties pro-
vided for perjury; which report shall be tiled in the office of
said county clerk, as soon as the quota of said township, un-
der said call, shall be filled.
§ 6. This act shall take effect .and be in force from and
after its passage.
Approved February 16, 1S65.
AN ACT to authorize the township of Hancock, in the county of Hancock, In force Feb. 16,
and state of Illinois, to levy and collect a tax to pay volunteers in the mili- 1S65-
tary service of the United States.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county clerk of the county of Hancock, and state of Illi- Tax ;t0 raiBe To1-
i'i • i t t unteers.
nois, be and is hereby authorized and directed to proceed at
once to levy and extend a tax against all property, real and
personal, in the township of Hancock, in said county, of not
exceeding three per cent, upon each and every one hundred
dollars of the taxable property iu said township, as shown
by the assessment rolls of eighteen hundred and sixty-four,
of the taxable property of said township, now on file in the
office of said clerk; that immediately upon such tax being so
levied and extended, that said clerk, under his hand and
the seal of said court, issue his warrant -to the collector of
said township, authorizing such collector to immediately pro-
ceed and collect said tax, in the same manner as state taxes
are collected.
§ 2. That the collector of said township, immediately T^ ,how co1"
upon receiving said tax list, with the warrant aforesaid at-
tached thereto, proceed and collect the tax extended by vir-
tue of this act, in the same manner as he is by law required
to collect state taxes, and that, as soon as collected, said col-
lector shall pay the moneys arising from such tax into the
townshio treasury of said township.
§ 3. That the town collector and treasurer of said town- officers to give
ship shall, before the collection of such tax, enter into bonds,
with sufficient surety, to be approved by the supervisor and
one of the justices of the peace of said township, each in a
penal sum equal to double the amount of the tax to be col-
lected, conditioned as similar bonds so given, shall be filed
in the office of said county clerk, and in case default shall
be made in the condition of such bonds, suit may be insti-
tuted and prosecuted thereon to final judgment, for the use
of said township.
4. The moneys collected by virtue of the provisions of Money, how paid
this act shall be paid out under the supervision of the super-
—14
162
BOUNTIES.
Proviso.
Proviso 2.
Proviso 8.
Report of acts.
visor, town clerk and one of the justices of the peace, to be
selected by said supervisor and town clerk, in paying volun-
teers into the military service of the United States, under
the last call of the president for three hundred thousand men ;
Provided, that no more than three hundred dollars shall be
paid to any one volunteer under said call : And provided,
further, that the provisions of this act shall apply to all per-
sons who have heretofore or may hereafter volunteer under
said call, and have been or may be credited to said town-
ship: And, provided, further, that all persons who have or
may put in volunteer substitutes under said call, and which
have been or ma}7 be credited to said township, shall receive
an equal amount of said money with any other person under
this act.
§ 5. That said supervisor, town clerk and justice of
the peace, paying out said fund, shall make a report, in
writing, of the persons to whom the same shall be paid,
stating the name of each person and amount paid him,
which report shall be signed, and sworn to by the persons
making the same ; and a false oath thereto shall subject the
person or persons making the same to all the pains and pen-
alties provided for perjury; which report shall be filed in
the office of said county clerk, as soon as the quota of said
township, under said call, shall be filled.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
In force Feb. 16, AN AGT to legalize a vote in Horter township, and for other purposes.
1865.
Section 1. Be it enacted by the People of the State
of Illinois, represented in the General Assembly, That the
vote legalized, vote taken in Horter township, in Clay county, to pay boun-
ties, encourage enlistments, and procure substitutes, be and
the same is hereby legalized ; and the board of town audi-
tors, in said township, are hereby authorized to levy and
collect a tax on all property in said township liable to taxa-
tion, to pay said bounty, in the same manner as other
taxes are levied and collected for township purposes. Said
tax shall not exceed two per cent, on said taxable property,
in any one year.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
BOUNTIES. 163
AN ACT to enable the town of Lewistown to raise money to aid in furnish- In force Feb. 2,
ing its quota, under the last call of the president of the United States for 1S6°*
volunteers, etc.
Section 1. Be it enacted by the Peojile of the State of
Illinois, represented in [the] General Assembly, That the
township of Lewistown, in the county of Fulton, is hereby Amount of tax.
authorized to levy and collect a tax of not exceeding three
per centum on the assessed value of property in said town-
ship, under the last assessment thereof, for the purpose of
enabling- said township to provide its quota of troops, under
the call of the president of the United States, of December
19, 1864.
§ 2. That John W. Proctor, David J. Waggoner, and ct°0raalssioner3
Henry Phelps, are hereby appointed commissioners, whose
duty it shall be to carry out the provisions of this act, except
as herein otherwise provided. Said commissioners shall
take an oath of office, and file the same in the office of the
town clerk of said town; and they, or a majority of them,
unless sufficient means shall be otherwise raised within two
days after the passage of this act, shall at once levy and
extend in a book, to be provided for that purpose, a tax not
exceeding three per centum on the assessed value of the
property, real and personal, in said township as aforesaid,
and against the owners thereof; the rate, within said three
per cent., to be determined by said commissioners, or a
majority of them ; and said commissioners, or a majority of
them, shall issue their warrant to the collector of said town-
ship, for the collection of said tax, which shall be substan-
tially the same in form as warrants to collectors now author-
ized by law in counties which have adopted the township
organization law. Said township collector, before he shall Bond of collector
receive said tax list for collection, shall give additional bond,
with security approved by said commissioners, in such sum
as may be required by said commissioners, and in default
of doing so within two days after notice from such commis-
sioners, they may appoint a special collector, who shall take special «oiuctor.
an oath of office and give such bond as may be required by
said commissioners, and may, thereupon, proceed, under the
warrant of such commissioners, to collect such tax; such
bond may be sued, for the use of any party aggrieved by
any such breach of the conditions of the same.
§ 3. Said commissioners shall appoint a treasurer of the Treas. of fund,
fund that may be created under the provisions of this act,
which fund shall be known as the "draft fund of Lewistown
township." Such treasurer shall give bond, with security,
to be approved by such commissioners, which shall run to
the township of Lewistown, and in that name may be sued
by and for the use of any party aggrieved by the violation
of the conditions thereof. Said bond shall be filed with the
town clerk of said town.
164 BOUNTIES.
Fees of officers. § 4. The collector and treasurer shall be allowed such
fees as may be fixed by said commissioners, to be paid out
of the moneys received under the provisions of this act.
Said collector may proceed, under said warrant, to collect
such taxes, as is now provided by law in respect to collect-
ing other taxes; but in case of distraining for the collection
of any such tax three days' notice of sale shall be sufficient;
and said collector shall pay over all moneys received by
him, less fees, to the treasurer of said fund. All taxes, so
levied and not paid to such collector, shall be reported by
him to the county treasurer, as other delinquent li ts are now
reported ; and, thenceforward, other proceedings shall be
had for the collection thereof, the same as delinquent lists
are now collected by law. The treasurer of said fund shall
pay out all moneys that may come into his hands, on the
order of said commissioners.
Money, how paid § 5. Said commissioners may pay out all moneys raised
under this act to promote volunteering to till the quota of
said township, or, pro rata, to drafted men of said town, or
for substitutes for the same, if a draft shall be had, of men
liable to draft therein. A majority of said commissioners
shall be sufficient to do any and all acts under this law
authorized or required to be performed by the commission-
ers hereby appointed ; and if said commissioners fail to
quality within five days after the passage of this act, the
Vacancy, how commissioner or commissioners qualifying may fill the
vacancy or vacancies thereby existing, by appointment,
in writing, filed with the town clerk of said town; and such
appointee or appointees, on taking the oath of office, shall
have all the authority that the commissioners appointed by
this act might or would have if qualified in lime. Said
Record of doings commissioners shall keep a record of their proceedings, which
shall be evidence, in all courts and places, of all matters
therein contained, but shall not exclude other evidence of
their acts.
§ 6. This act shall be in force and take effect from and
after its passage.
Approved February 2, 1865.
In force Feb. 16, AN ACT to enable the town of Melro«e in the county of Adams to levy and
18C5> collect a tax for a town fund therein named.
Section 1. Be it enacted by the Ptop'eof the St tie of
Illinois, represented in the General Assembly, That the town
Tax to pay vol- auditors of the town of Melrose in the county of Adams
and state of Illinois, be, and they are hereb}7" authorized
and empowered to levy and extend a tax for the purpose of
BOUNTIES. 165
paying volunteers and drafted men in the military service
of the United States, hereafter to be credited to the town of
Melrose, in said county, upon all property real and personal
in said town, subject to taxation, of not exceeding four per
cent, on each dollar of the assessed value, from time to time,
of such property in said town. Such tax to be so levied
and extended in such proportions and in such amounts from
time to time, as said auditors shall deem best : Provided,
however, that a tax of no more than four per cent., as afore-
said, shall be levied for the purpose aforesaid.
§ 2. That said auditors may proceed at once and levy Tax, how levied.
and extend a tax, as provided in section one ot this act, and
for that purpose may so levy and extend the same from the
assessment rolls for the year of our Lord eighteen hundred
and sixty-four, for state and county purposes, of the property
aforesaid in said town now on iiie in the office of the county
clerk of said county.
§ 3. That said auditors may, under their hands appoint special collector.
some good and responsible inhabitant of said town a spe-
cial collector for the collection of the tax provided by this
act, which appointment shall be filed in the office of town
clerk of said town, and in case of the death of such collec-
tor, or his removal from said town, or in case he becomes
incapable of acting, such auditors shall have power in like
manner to appoint a collector or collectors to fill all vacan-
cies occurring in the office of such collector, provided that Proviso.
there shall be no more than one collector therefor at any
one time.
§ 4. That all collectors appointed under the provisions collectors to
of this act, shall, before entering upon the duties of their elvebond-
office, execute a bond with security, to be approved by said
auditors, in a penal sum at least double the amount of the
tax to be collected, under any one assessment, which bond
shall be payable to "the inhabitants of the town of Mel-
rose," condition for the faithful discharge of the duties of such
collector, as such, and in case [default j be made in the condi-
tions of such bond, the auditors of said town shall cause
suit to be instituted thereon at once, in the circuit court of
said county, and prosecuted to final judgment for the benefit
of said town, and said bond so executed and approved shall
be filed in the office of the clerk of said county for safe
keeping.
§ 5. Said collector or collectors, appointed as aforesaid, collection of tax.
shall immediately, upon execution and approval of his bond,
as aforesaid, proceed at once and collect the tax or taxes
which shall be levied and extended under the provisions of
this act, with all possible dispatch, and for the purpose of
enabling him to more speedily to collect the same, said
collector shall have power, upon demand being made, there-
for of the person whose duty it is to pay the same, and refu-
sal or neglect so to do, to proceed and distrain personal pro-
166 BOUNTIES.
perty and sell the same in the same manner town collectors
may now do, by law, in the collection of state taxes, and in
case any person tails to pay any tax levied by virtue of this
act, then in case the same cannot be made by distraint and
sale of personal property, the tax so remaining unpaid, shall
Delinquent tax. be deemed delinquent, and the same proceedings shall be
had to enforce payment thereof, as is now provided by law
for delinquent state and county taxes : Provided, that no
collector collecting the tax contemplated by this act or any
part thereof shall receive no per centage for such collection.
committee of § D\ Said collector, collecting any tax provided by this
act, shall paj^ the same over to the town auditors of said
town and Ferry Alexander of said town, who are hereby
declared to be a committee on behalf of said town for the
purpose of paying out the fund created by this act: Provi-
ded, however, that said auditors and said Perry Alexander,
shall, before said fund is paid to them, execute a good and suffi-
cient bond with security, to be approved by the county judge
of said county, in a penal sum at least double the amount
of the tax to be paid them conditioned, for the faithful
discharge of their duties as such committee, which said bond
shall be payable to the inhabitants of the town of Melrose,
and in case default be made in the condition thereof, the
county clerk of said county shall cause suit to be instituted
thereon, in the circuit court of said county, and prosecuted
to final judgment, for the use of said town, and shall be filed
in the office of said county clerk for safe keeping.
Funds, how paid § 7. Said committee, on behalf of said town, or the sur-
vivors of them, are hereby authorized and empowered to
pay out all moneys which shall come into their hands under
the provisions of this act, to such persons as may be hereaf-
ter drafted into the military service of the United States,
from said town, and such as may volunteer into such service,
and be hereafter credited to said town on the impending or
any future call of the president for volunteers into said ser-
vice.
committee to § 8. The said committee, on behalf of said town, shall
3oi row money. jmve p0wer t0 borrow money, from time to time, at any rate
of interest not exceeding ten per cent., per annum, equal in
amount to any tax which may be ordered from time to time,
as provided by this act, and may pledge such tax, so levied,
for the non-payment of the moneys so borrowed, and may
use the moneys so borrowed in the same manner they are
authorized to use the tax provided by this act.
§ 9. This act shall be deemed a public act, and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
BOUNTIES. 167
AN ACT to enable the citizens of the town of Mission, in the county of in force Feb. T,
LaSalle, to raise money for the payment of bounties, and for other pur- 1865.
poses therein named.
Section 1 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful to levy and collect a tax of not more than three Amount of tax.
per cent., in any one year, upon all the taxable property in
the town of Mission, in the county of LaSalle, to pay boun-
ties to volunteers, substitutes and drafted men, who have
since the first ot January, 1865, or may hereafter enlist or
be drafted into the army of the United States ; which tax
shall be known as the "bounty tax," and the fund thereby
created as the " bounty fund."
§ 2. It shall be the duty of the supervisor of said town, Election for or
v . . ..''.- L , , ... against tax.
upon the request, in writing, ot any ten legal voters ot said
township, to call a special election, within live days after
such request, to determine whether such bounty tax shall
be levied or not, by posting up notices in three of the most
public places in the town, at least ten days next previous to
the time of holding said election ; which notices shall state
the object of said election, and the time and place of holding
the same ; and said election, when holden, shall be organ-
ized and conducted, in all respects, as elections under the
general election laws of the state are required to be organ-
ized and conducted. The ballots used at said election may Ballots,
be either written or printed, and shall be "for bounty tax"
and "against bounty tax"; and if a majority of the votes
cast at any said election shall be "against bounty tax," then
no further proceedings shall be had ; but if a majority of
said votes shall be "for bounty tax," then such tax shall be
levied and collected as hereinafter provided.
§ o. If said town shall vote for a bounty tax, as herein- Per cent, of tax.
after provided, then it shall be the duty of the supervisor,
assessor, and collector of said town, to determine at what
per centum said tax shall be levied, and certiiy the result
of said election, and the per centum of tax that shall be
levied, to the county clerk of the county of LaSalle, within
ten days after said election ; and the said county clerk shall
extend the said tax, under the name of the " bounty tax,"
upon the tax books of said town, in like manner and at the
same time as he is by law required to do in case of the
county and state taxes ; and the same shall be collected in
like manner, and at the same time, and by the same collec-
tor, as the county and state taxes are collected, and, by the
said collector, paid over to the town clerk of said town, who
shall previously give bond to the people of the state of Illi- Bond of collector
nois, for the use of said town, conditioned tor the safe keep-
ing of said moneys and the faithful discharge of his duties
under this act, for such amount and with such security as
the said supervisor, assessor and collector may require, and
deposit the same, when so executed, with the supervisor of
paid.
16S BOUNTIES.
said town ; and in case of the failure of said town clerk to
give bond, as aforesaid, then said supervisor, assessor and
collector may appoint some person to act as custodian of
said fund, from whom they shall require bond and security
as aforesaid.
Fund, how used. § 4. The said bounty fund may be expended and paid out
for the purposes mentioned in the first section of this act, by
said supervisor, assessor and collector of said town, or a ma-
jority of them, and shall be paid out by said town clerk or
custodian, upon their order, or the order of a majority of
them ; and the said supervisor, assessor and collector, at
any time after their town shall have voted to raise a bounty
fund, as hereinbefore provided, may, in their official capacity,
and in the name of said town, execute and issue bonds lor
such amount, and upon such terms as they may deem ad-
visable, to an amount equal to the probable amount of tax
determined upon as aforesaid, and no more ; which said
Bonds a Hen. bonds shall be binding upon said town, and a lien upon the
taxable property thereof; and said officers may negotiate
the same, in such manner as they may deem advisable and
expedient to carry out the provisions of this act.
Bonds, when § 5. The town clerk or custodian of said " bounty fund,"
in said town issuing bonds by virtue of this act, shall pay
said bonds and accrued interest, when due, upon presenta-
tion to him, out of any moneys in his hands belonging to
said bounty fund. And collections of said bonds, when due,
may be enforced by the legal holders thereof against said
town, by suit at law, in the circuit court of the county of
LaSalle ; and in case judgment upon such bond is not paid
within sixty days after the rendition thereof, the said circuit
court may summarily order the county clerk of said county
to extend a tax against the taxable property of said town,
sufficient to satisfy said judgment or judgments ; which tax
shall be extended at the time county taxes are by law re-
quired to be extended, and collected as hereinafter pro-
vided.
FeeofoiBcei-s. § Q, The said supervisor, assessor and collector shall be
allowed, for their services, the sum of two dollars per day
for each day necessarily employed in and about the business
required. by this act; and the county clerk, county treasurer,
township collector and town clerk, or custodian, shall be
allowed the same fees for the services required by this act
as are by law allowed for the performance of like services
in extending, collecting and disbursing the county tax, to
be paid out of said bounty fund ; and the said township col-
lector and county collector shall be liable, upon their official
bonds, for the faithful performance of the duties required by
this act.
Accounts and re- § 7. The supervisor, assessor, collector, town clerk and
custodian, if any shall be appointed, shall keep a full and
complete account of all their actings and doings under this
port.
BOUNTIES. 169
act, of all bonds and orders by them issued, of all moneys
by them or either of them, retained and paid out, and to
whom and for what so paid, and shall, during the week next
preceding the annual town meeting in said town, make a
lull and complete report, in writing, of the same to one of
the justices of the peace of said town ; which report shall at
all times be open to the inspection of all persons desiring to
examine the same.
§ 8. This act shall be so construed as to make it appli- Construction
cable to any of the towns in the county of LaSalle, except
the towns of Freedom and Ottawa, and LaSalle, in said
county, whenever the citizens and town authorities thereof
shall comply with each and every the provisions of this act.
§ 9. This shall be deemed a public act, and take effect
and be in force from and after its passage.
Approved February 7, 1SG5.
act.
AN ACT to authorize the township of Payson, in the county of Adams, and inforceonratifi-
state of Illinois, to levy and collect a tax to pay volunteers in the military cation,
service of the United States, under the last call of the president.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county clerk of the county of Adams, in said state, is here- Extent of tax.
by authorized and directed to proceed to levy and extend a
tax of not exceeding one per cent, on each and every one
hundred dollars on all property, real and personal, in the
township of Payson, in said county, as shown by the assess-
ment rolls of eighteen hundred and sixty-four, now on file
in the office of said clerk, to pay volunteers into the military
service of the United States, under the last call of the presi-
dent for three hundred thousand men, which shall be here-
after credited to said township in filling its quota under said
call. Upon said tax being so extended, said clerk shall collection of tax
issue to the collector of said township, a warrant, under his
hand and official seal, authorizing said collector to proceed
and collect said tax in the same manner as the state taxes
are collected.
§ 2. That upon receiving the tax list contemplated by
the first section of this act, with such warrant attached
thereto, the collector of said township shall proceed, at once,
and collect the tax levied and extended under the provisions
of this act, in the same manner as he is now required bv
law to collect state taxes, and, immediately upon collecting
the same, shall pay the same over to the treasurer of said
township.
§ 3. That before proceeding to collect any portion of the Bonds of officers.
tax contemplated by this act. the collector and treasurer of
—15
170 BOUNTIES.
said township shall each execute a bond, with sufficient secu-
rit}r, to be approved by the supervisor and one justice of the
peace of said township, payable to the people of the state of
Illinois, in a penal sum of double the amount of the tax to
be collected, conditioned for the proper discharge of their
duties ; which bonds, so approved, shall be tiled in the office
of said county clerk ; and, in case default be made in the
conditions thereof, suit may be brought thereon, for the use
of said township.
§ 4. Said township may pledge the moneys contempla-
ted by this act to any person or persons who will advance
the same for the purposes contemplated by this act ; such
pledge may be made through the supervisor of said town
on behalf thereof.
Moneys, to whom §5. The moneys collected under the provisions of
this act shall only be paid to volunteers into the military
service of the United States, under the last call of the presi-
dent ; which shall hereafter be credited to said to wo ship on
its quota under said call, except as hereinafter excepted :
Provided, that no more than three hundred dollars thereof
shall be paid to any one volunteer : Provided, however, that
in case this act shall be adopted and the quota of said town
filled under said call, without requiring or using said fund,
then the same may be appropriated in the manner contem-
plated by this act, to fill any quota of said town upon a fu-
ture call of the president for men to enlist into the military
service of the United States, during the present war.
•How pmd out, § 6. That the supervisor and justices of the peace of
said township shall be and are hereby constituted a commit-
tee, on behalf of said township, to superintend the paying
out of the fund contemplated by this act ; and they shall,
immediately upon the quota of said township under said
Report. call being filled, make out a report, in writing, which shall
be signed and sworn to by said committee, and filed in the
office of the town clerk of said town ; which shall be subject
to the inspection of any inhabitant of said town, and shall
contain the names of each person and the amount paid him
out of said fund.
Quota tax. § 7. In case this act is adopted, in the manner provided
in the last section thereof, then a like tax may be levied and
collected for the purpose of filling the quota of said town
upon any future call of the president of the United States
for like purpose of said last call for volunteers, in each and
every year hereafter : Provided, a majority of the legal
voters of said town shall sign a request for such tax.
Act to be voted § 8. This act shall not become a law until the same shall
be submitted to a vote of the legal voters of said township,
at a special election, to be held for that purpose, at the usual
place of voting in said township, on a day to be fixed by the
town clerk of said town, notice of which election shall be
given by said town clerk for at least five days before the
<>1).
BOUNTIES. 171
day of election, by posting up at least ten written notices
thereof in at least ten of the most public places in said town.
Such election shall be by ballot ; and those voting for the Elect,on br bal"
adoption of this act shall indorse on their tickets " for war
tax," and those voting against it shall indorse on their tick-
ets "against war tax*;" and if a majority of the votes cast
at such election shall be in favor of the adoption of this act,
the same shall thereupon become a law, but not otherwise.
Approved February 14, 1865.
AN ACT to enable the citizens of Pennsylvania, and other townships, in In force Feb. 15,
Mason county, to offer a war bounty. 1S65-
Sect con L. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
citizens of Pennsylvania township, in Mason county, are Amount bounty.
hereby authorized to pay a bounty, not exceeding five hun-
dred dollars, to each and every volunteer and drafted man
who may, by himself or lawful substitute, enter the United
States service, under the present call for troops, or under
any future call that may be made, in like manner ; and to
enable them to pay such bounties, they shall have power to
levy and collect a tax on all the taxable property of said
township, in manner following :
§ 2. It shall be the duty of the supervisor of said town, to vote for or
. i . t ,. i J c k • , i vi • . against tax.
within ten days alter the passage oi this act, and within ten
days after [any] new or further call of the president for men
to serve in the army or navy of the United States, to call a
special election of the legal voters of said township ; of which
election notices shall be posted in at least three public
places in said township, ten days previous to said election.
Said election shall be held at the usual places for holding
elections in said town, and conducted in the same manner
as general elections ; and the ballots shall be "for bounty
tax" and "against bounty tax ;" and if a majority of votes
shall be "against bounty tax" then no further call shall be if against tax.
had under that call; but if a majority of votes shall be "for if for tax.
bounty tax" then it shall be the duty of the supervisor,
collector and assessor to immediately estimate the amount
of tax necessary to be levied and collected to pay a boun-
ty, not exceeding five hundred dollars each, to the num-
ber of men assigned to said town as its quota, and shall
immediately certify the amount so levied to the county
clerk of said Mason county, who shall extend the same upon
the tax books of said town, in a separate column, entitled
"bounty tax," and which tax shall be collected as other tax-
es are collected in 6aid township.
172 BOUNTIES.
interest orders. § 3. It shall be lawful for the supervisor of said town,
immediately after the tax shall be levied and the amount
certified to the county clerk, to issue town orders, in sums
of twenty-five and fifty dollars each, bearing interest at the
rate of not more than ten per cent., and payable not exceed-
ing three years from the date thereof, to amount of the tax
which has been so certified ; which orders shall be signed by
the supervisor, and countersigned by the town clerk, and
dated on the day they are issued, and numbered as they are
issued, and a complete register of the same shall be kept by
the town clerk.
Bond of collector § 4^ The collector of said town shall be required to give
additional bond, with security, to be approved by the supervi-
sor of said township, and recorded in the office of the circuit
clerk of said county ; and which bonds shall be as nearly
similar to the bonds which town collectors are now required
by law to make as may be, and under the same legal provi-
sions.
Notice to redeem § *4# It shall be the duty of the town collector to redeem
and liquidate any town order which may be presented to
him for payment, and which has been issued under the pro-
visions of this act, whenever he shall have any money col-
lected under the provisions of this act ; and when it shall
become his duty to return his tax book he shall cause notice
to be given that he has money in his hand to redeem town
orders, issued under this act, commencing with the lowest
numbered, and unpaid, and including all that he may have
money to pay ; and if such orders shall not be presented for
payment within twenty days after notice shall have been
given, then and thereafter the interest on said orders shall
cease, and it shall be lawful for the town collector to redeem
them, at any time, by paying the interest and principal due
at the time such notice was given.
Fee of officers. § 5. That the several town officers herein named shall re-
ceive the sum of two dollars per day, each, for every day they
shall be necessarity employed in and about the business here-
in assigned them ; and the town collector shall receive the
same per centage for collecting the bounty fund that he now
receives for collecting other taxes.
now act applies. § Q. This act shall apply as well to each and every town-
ship in the county of Mason, whenever either of them shall
fully comply with its provisions, in the same manner as the
citizens and town officers of Pennsylvania town are required
to do.
§ 7. This act shall be deemed a public act, and shall take
effect and be in force from and after its passage.
Approved February 15, 1865.
*Note. — In the enrolled act there are two sections numbered 4.
Sharon Tyndale.
BOUNTIES. 173
AN ACT to enable the town of Peru, in the county of LaSalle, to provide for in force Feb. 7,
paying bounties to volunteers and persons drafted into the military service 1SC5.
of the United States, and for other purposes.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board of town auditors of said town be and they are herebj' Amount of bonds
authorized to issue the bonds of said town, for an amount
not exceeding sixteen thousand dollars, payable at any time,
not exceeding ten years from the date thereof, and bearing
interest not exceeding ten per cent., per annum, for the pur-
pose of raising means to pay bounties to persons who shall
volunteer or who may be drafted from said town into the
military service of the United States, and to provide for the
payment thereof, by tax, to be levied and collected in the
same manner as now provided by law for the levy and col-
lection of other town taxes.
§ 2. The board of town auditors of said town are hereby Disburs'g officer,
authorized to appoint some suitable person or persons to see
to the disbuisement and appropriation of any moneys
raised under the provisions of this act, and the procurement
of volunteers or substitutes for persons drafted into the mili-
tary service of the United States, from said town, under such
rules and regulations as the board of town auditors of said
town shall prescribe ; and the agent or agents making such Accounts and
disbursements shall keep full and true accounts thereof, and report-
of the objects for which such disbursements are applied, and
render an account thereof, with the proper vouchers and re-
ceipts, to the town auditors of said town, as they may be,
from time to time, required ; and the accounts thereof, with
the accompanying receipts and vouchers, shall be filed and
preserved in the office of the town clerk of said town, and
be subject to examination as other public records of said
town; and such agent or agents shall be allowed such com-
pensation for their services under this act as the board of
town auditors shall deem just and reasonable.
§ 3. This act shall be in force from and after its passage.
Approved February 7, 1865.
AN" ACT to enable the town of Towanda, in McLean county, to raise money in force Feb. l
for war purposes. 1S65.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in [the'] General Assembly, That the
towns of Towanda and Danvers, in McLean county, are here- Extent of tax.
by authorized to levy a tax of not more than two per cent, on
the taxable property of said town, for the years 1865 and
1866, for the purpose of paying the obligations of said town
contracted for w&.r purposes.
174
BREWERY,
§ 2. This tax shall be levied and collected as other town
taxes, and paid by the collector into the hands of the super-
visor, and by him paid to the order of the board of auditors
of that town.
§ 3. This act shall be in force from and after its passage.
Approved February 16, 1S65.
In force Feb. 10,
1S65.
AN ACT to incorporate Lili's Chicago Brewery Company.
Capital stock.
Section 1 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That William
n me and style. Lill, Michael Diversey, Jacob lihem, Edward Foster,
George Mitchell, and John Lill, and their associates and
successors, and all such persons as shall become stockhold-
ers in the company hereby created, shall be a body politic
and corporate, by the name and style of "Lili's Chicago
Brewery Company ;" and by that name they and their suc-
cessors shall be known and have succession, may sue and be
sued, plead and be impleaded, defend and be defended, in
all courts of law and equity, and may have and use a com-
mon seal and alter the same at pleasure.
§ 2. The capital stock of said company shall be fire hun-
dred thousand dollars, with power to increase the same to
one million dollars, to be subscribed and paid for in man-
ner hereinafter mentioned; which said capital shall be divi-
ded into shares of one hundred dollars each, and shall be
deemed personal property, and shall be transferable on the
books of said company in such manner as its by-laws may
prescribe.
§ 3. The object of the said company is, and it is hereby
empowered, to purchase, acquire and incorporate the Chica-
go brewery, established by the said William Lill in the year
1839, and also to acquire, purchase, manufacture, sell and
deal in malt, hops, beer, ale, wines, spirituous, fermented and
distilled liquors.
§ 4. It shall be lawful for the said company to acquire,
purchase and hold, or sell and dispose of such real estate as
may be necessary for the transaction of its business, and
also to borrow money and to pay interest thereon, and to
make and execute bonds, bills, notes, mortgages and other
securities and evidences of indebtedness, as may be neces-
sary for the carrying on of the business mentioned in section
three of this act ; and may also take security from its custom-
ers and others, upon real estate orpersonal property, or chattel
interests, for current accounts, including accruing and future
indebtedness, and also to bid in or purchase any real estate
or other property or chattel interests, at any judicial or other
Object of compa
ny.
May hold and
fell property.
BKEWEKY. 175
sale, made by virtue of any debt, security, trust or power
made to, or vested in, or held by or for the said company,
and to receive and take, in satisfaction of any debt or secu-
rity, any real estate, and to hold and dispose of the same,
for its own use and benefit.
§ 5. The affairs of said company shall be managed by a Board of diiect-
board of directors, of at least five, all of whom shall be stock-
holders in the said company to the extent of five thousand
dollars, each, at the least ; they shall hold their office for one
year, and until their successors shall be elected and quali-
fied ; and an election of directors shall be held by the stock- Election,
holders, when and so soon as two hundred thousand dollars
of the capital stock shall have been subscribed and five per
cent, paid thereon. Any five of the corporators herein
named shall be commissioners to open books for subscrip-
tion to the capital stock, which shall be done within ninety
days from and after the passage of this act; and the money
so received by the commissioners shall be paid over to the
directors, when elected.
§ 6. The directors shall, annually, elect a president from ^l°fon of offi"
their own body ; they shall have the power, from time to
time, in their discretion, to make, pass, alter, establish, re-
scind and re-establish such rules, regulations and by-laws,
for the government of the said company and the manage-
ment of its affairs and business, and for the appointment of
a secretary, treasurer and all such agents and attorneys as
they may deem necessary and proper, and may prescribe
their duties, fix their remuneration, require bonds, and do
all other acts which may be deemed exjDedient, to promote
the interests of the said company, not inconsistent with the
laws of this state or of the United States; but no by-laws of By-la^»-
the said company shall be passed without the consent of a
majority of the directors ; and all the acts of the duly ap-
pointed officers and agents of the said company, done and
performed under authority of its by-laws, rules and regu-
lations, shall be binding upon the said company; the bond
from the treasurer shall not be less than thirty thousand dol-
lars.
§ 7. The election of directors of the said company shall Annual eieetion.
be held, annually, on the first Monday after the second day
of April, in every year, at such place as the board of direc-
tors may appoint. Such election shall be by ballot. Every
stockholder shall be entitled to one vote for every share of
capital stock standing in his or their name on the books of
said company, and may vote in person or by proxy.
§ 8. The directors shall have power to call for the bal- Forfeiture of
ance due on the subscription to the stock of the said compa- Btock not paid'
ny at such times and in such installments as they may deem
proper ; and in the event of the non-payment of any call
within sixty days after due notice, (which may be by let-
ter mailed to his or her address, as it appears upon the stock-
1Y6 BREWERY — BRIDGES.
books of said company,) it shall be lawful for the directors,
at their option, to enforce such payment or to sell fairly, by
public auction, the amount of stock standing in the name of
such non-paying stockholders, to any person or persons, or
to buy in the same, for the benefit of the said company ; and
the proceeds of such sale shall be paid over to such non-
paying stockholders, who shall, upon such sale, cease to be
a stockholder in the said company; and the purchaser or
purchasers of said shares of stock shall have and enjoy all
the rights, privileges, dividends and profits accruing or ac-
crued to or in respect of the said shares of stock, and become
liable for the payment of all calls then due or thereafter
made on said shares of stock.
Dividends. § 9. It shall be lawful for the directors of said company,
from time to time, to make and declare and pay dividends
upon the capital stock of the said company, in such manner
and in such amounts as they may deem most expedient for
the interests of the said company.
Record. § 10. Said company shall keep in the office of its secre-
tary proper books, in which shall be kept a full and correct
record of the names and post-office addresses of the stock-
holders, to be furnished by them, and, of the amount of
stock held by each and of all transfers thereof; also, a record
of the proceedings of the stockholders of said company, and
of the proceedings of its board of directors, and of its by-laws,
rules and regulations, and of its business transactions; which
books shall be subject to inspection at all reasonable times
during business hours by any stockholder or creditor of said
company.
Term of charter. § 11. The said company hereby created shall exist for
the term of ninety-nine years, 'the stock, property and ef-
fects thereof shall be liable and subject to execution and
sale for all debts due or owing by said company ; but in no
case shall any stockholder be personally liable beyond, the
amount of his subscription to the stock.
§ 12. This act shall take effect and be in force from and
after its passage.
Approved February 10, 1865.
In force Feb. 16, AN ACT to incorporate the Erie BriJge Company.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Ralph
corporators. Sage, Christopher C. Teats, Martin Eeis, William S. Thom-
as, William Pratt, and Benjamin C. Coblentz, and all such
persons as shall hereafter become stock-holders in the com-
pany hereby incorporated, and their assigns, are hereby
BRIDGES. 177
created a body politic and corporate, under the name and
style of " The Erie Bridge Company," for the purpose of Name and style.
erecting and maintaining a bridge across Rock river, at or
near the village of Erie, in Whiteside county ; and by that
name and style are hereby made as capable in law as natural
persons to contract and be contracted with, sue and be sued, Powers.
plead and be impleaded, in all courts of law and equity ;
to make and use a common seal, and to alter or amend the seal,
same, at pleasure, and, generally, to do and execute all acts,
matters and things which a body politic or corporate or an
individual may lawfully do. And the said company shall, Buyandseiipro-
in law, be capable of purchasing, holding and conveying perty"
any estate, real and personal, that may be necessary to
enable said company to accomplish the object of this incor-
poration, as above expressed. And the stock of said com-
pany shall be deemed personal property, and may be sub-
scribed tor, issued and transferred as the directors of said
company may prescribe.
§ 2. The capital stock of said company shall be twenty- capital stock
five thousand dollars, but may be increased to fifty thousand
dollars, should the directors of said company deem such in-
crease necessary for the purpose of erecting and maintaining
said bridge. And said capital stock shall be divided into
shares of fifty dollars ; and the said Ralph Sage, Martin commissioners
Reis, Christopher C. Teats, William Pratt, and William S. *<>«*«*><*«.
Thomas, are hereby appointed commissioners to open or
cause to be opened books for subscriptions to said stock, at
such times and places as they may deem proper ; and when-
ever fifteen thousand dollars shall have been subscribed,
the said commissioners may call a meeting of the stockhold-
ers, at Erie, aforesaid, by posting up written notices of the
time and place of holding such meeting, in three or more
public places, at Erie, aforesaid, at least twenty days before
the time of such meeting, for the purpose of choosing five
directors of said company.
§ 3. At the time and place so appointed for such meet- ^Jgjj" 0/ di"
ing, said commissioners, or a majority of them, shall act as
inspectors of said election, and the stockholders shall elect
five persons as directors of said company for one year and
until their successors be chosen. Said inspectors or a ma-
jority of them, shall certify, under their hands, the result of
said election; which certificates shall be recorded in the
record book of said company, and shall be sufficient evi-
dence, in all places, of such election of the directors therein
named. At the aforesaid and all other elections for direc-
tors the voting shall be by ballot, and the result shall be
determined by the majority of votes cast ; and each stock-
holder shall be entitled to one vote for each share of stock
he or she may own at the time, which may be cast by the Proxy vote,
voter in person or by duly authorized proxy ; and none but
shareholders shall be eligible as directors. An election for
178
BRIDGES.
Officers,
chosen.
how
Bridge, when
commenced and
completed.
five directors shall be held, annually, after the first election,
on the first Monday of the month on which said first elec-
tion shall be held. All vacancies occurring; among the di-
rectors during any current year, to be filled by appointment
by the other directors or a majority of them. If any election
should not be held at the time above specified, in that be-
half, such election may be held at any subsequent time,
under the by-laws of the company. Immediately after said
first election said commissioners shall deliver to the direc-
tors the subscription books and all money received by them.
§ 4. The directors shall choose one of their number
president ; and they shall have power to appoint a secre-
tary, and treasurer, and all such other officers, agents and
servants as may be necessary, and to prescribe all necessary
by-laws, rules and regulations, for the government of said
company and the carrying out of the purposes of this act.
§ 5. Said company shall commence said bridge within
five years and complete the same within seven years from
the passage of this act ; and shall locate the said bridge at
and upon such place or point across Rock river, aforesaid,
as the directors of the company shall deem most eligible in
that behalf. And said company is authorized and empow-
ered to obtain the right of way, at and from either or both
ends of said bridge to any public road or roads necessary
for the use of said bridge, either by purchase or in manner
prescribed by law for obtaining the right of way for public
roads, canals, railroads or other public works.
§ G. Said company is hereby authorized and empower-
ed to place a toll gate and toll house at either or both ends
of said bridge, and to demand and receive for passing over
the same or any part thereof, not to exceed the following
rates of toll, viz : For each two-horse wagon, carriage or
other vehicle, drawn by two horses or other animals, twen-
ty-five cents, and for every additional animal attached
thereto, ten cents; for each one-horse wagon, carriage or
other vehicle, drawn by one-horse or other animal, twenty-
five cents ; for each horse or other animal and rider, ten
cents; for each head of horses, mules, asses or cattle, not
exceeding twenty, not driven in a team or teams, five cents,
and for all over that number three cents each ; and for each
head of swine or sheep three cents ; and for each person,
man, woman, or child, afoot, five cents: Provided, said com-
pany may double the above rates of toll after nine o'clock
in the evening and before daylight in the morning.
§ 7. Said company shall, at all times, after the comple-
tion of said bridge, keep the same in good order and repair,
with a safe and convenient passage to and from the same,
unless the same shall be carried away or materially injured
by high water or other casualty, and then the same may be
speedily rebuilt or repaired.
BRIDGES. 179
§ 8. If any person shall willfully do or cause to be done Damage done to
■ ■ j. • -i -i ■ i i xx.' i bridge.
any injury to said bridge, such person or persons, so otrend-
ing, shall be liable to pay to said company not less than
twice the amount of such injury, to be recovered by said
corporation, with costs of suit in an action of trespass, in any
court having competent jurisdiction thereof, or by indict-
ment in the circuit court, in the name of the people of the
state of Illinois, and, on conviction, under indictment, such
person or persons shall be liable to a fine not exceeding one
hundred dollars, or to imprisonment for not exceeding
twelve months, or to both fine and imprisonment, and to
pay costs of prosecution.
§ 9. Any person passing over said bridge, or any part Refusal to pay
thereof, and refusing to pay toll, or passing over the same,
or any part thereof, with any boast or animal faster than a
walk, and any person violating any of the regulations of
said company, posted as hereinafter provided, shall forfeit
and pay to said company ten dollars for each offense, to be
recovered by an action of debt, before any justice of the
peace or other officer having jurisdiction therein : Provided, Proviso,
said company shall have posted up in some conspicuous
place at each end of the bridge, printed or painted in large
letters, said regulations and a notice forbidding the crossing
of said bridge faster than a walk.
§ 10. Said company shall have power to borrow money, May borrow
not exceeding one-half of the amount of their capital stock, for moneT-
the purpose of building said bridge or keeping the same in
repair, at any rate of interest, not exceeding ten per cent.,
that may be agreed on between the parties ; and may mort-
gage said bridge and its tolls for that purpose and for no
others, and shall have the power to sell and transfer to any
person or persons.
§ 11. It shall be lawful for the directors to make calls cans on capital
upon the sums subscribed to said capital stock, at such times
and in such amounts as they shall deem fit, not exceeding the
rate of twenty-five per cent, per month, giving at least twenty
days' notice of each of said calls, by posting up at least five no-
tices in public places in the vicinity of said bridge ; and by
publication in some newspaper published in the county of
Whiteside ; and in case of failure of any stockholder to when stock for-
make payment of any such call for sixty da)-s after the same,
shall have been due, the directors are hereby authorized to
declare said stock, so in arrears, and all sums paid thereon,
forfeited to the company; or said directors may enforce the
payment of the whole amount subscribed by said stock-
holder according to law.
§ 12. This act shall take effect from and after its pas-
sage, and shall be deemed a public act.
Approved February 16, 1865.
180 BRIDGES.
In force Feb. 18, AN" ACT to incorporate the Hancock County Bridge Company.
1865.
Section- 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That Alex-
corporators. ander Sympson, George Edmunds, jr., Francis M. Corby,
William' A. Patterson, Hiram G. Ferris, Robert "VV. Mc-
Claugkery, Andrew J. Griffith, Bryant T. Scofield, and
Phineas Kimball, jr., their associates, successors and assigns,
be and they are hereby incorporated and created a body
style and name, corporate, under the name and style of the "Hancock Coun-
rowera. ty Bridge Company," with the exclusive right, privilege and
power, between the city of Warsaw and the city of JS'auvoo,
in the county of Hancock, and state of Illinois, to build, con-
struct, maintain and use a bridge or bridges, for railroad and
other purposes, over the Mississippi river, to the state of
Iowa, or that portion of said river within the jurisdiction of
the state of Illinois, in such manner as will not materially
obstruct the navigation of said river, and to connect, by
railroad or otherwise, said bridge or bridges with any road
or roads, railroad or railroads, terminating or approxima-
ting to such bridge or bridges, within this 'state or the state
of Iowa; to unite and consolidate its franchises, stock and
property, or any portion thereof, with any bridge, road,
railroad, or other company or companies, in this or any
other state ; to fix the amount of the capita! stock; to divide,
Borrovr money, transfer, increase or diminish the same; to create and con-
tract debts, borrow money, lease or mortgage the whole or
any part of the property, effects or franchises of the com-
pany ; to contract, bargain and agree with any person, per-
sons, company, companies, corporation or corporations, for
and in the construction and use of said bridge or bridges,
and the appurtenances ; to sell or lease said bridge, bridges,
or franchises, or any portion thereof, to any person, persons,
company, companies, corporation or corporations, and take,
Right of n-ay. condemn and acquire the right of way, stone and all other
privileges essential and usual in the construction of the im-
provements herein authorized according to the laws of this
state relating to the right of way for internal improvements
or other purposes. That the property and franchises be
and the same are hereby vested in the members of said cor-
poration, their associates, successors or assigns; that said
company, their associates, successors or assigns, shall com-
mence a bridge within two years from the passage of this
Tuon °f comple' ilcti and complete the same within twenty years thereafter ;
and said company may demand and receive, as a condition
precedent to the passage of any person or property over
said bridge or bridges, reasonable tolls.
ferry. § 2. Said company shall have power, and they are
hereby authorized, to establish and keep a ferry across said
Mississippi river, at or near the place they shall locate such
bridge or bridges, for the purpose of doing their own busi-
EKIDGES. 181
ness and the business of any railroad terminating within
three miles of said place, established for said bridge, in the
transportation of the employees, passengers and freights of
said bridge company or railroad company, but for no other
purpose : Provided, hoicerer, if said bridge shall be estab-
lished within three miles of any regularly established ferry
across the said river, then said company shall not establish
and keep such ferry, unless the regularly established ferry
keeper shall neglect promptly to transport across said river,
at all tiir.es, day or night, all passengers, employees and
freights of said company, and of any railroad company afore-
said, when requested so to transport the same ; and in case Failure to cross
such ferry or ferry company shall neglect or refuse to, at ^gerSand pas"
all times, transport such employees, passengers and freights
of this company, or any such railroad company, then this
company may, and are hereby authorized to establish and
keep such ferry, for the purposes of transporting such em-
ployees, passengers and freights only, and shall not be liable
to or incur any penalties provided by any law of this state,
either public or private, for establishing and keeping such fer-
ry. And all laws and parts of laws that are in conflict with
this charter and the powers and rights herein contained are
hereby repealed, so far as they would affect this company.
§ 3. This act shall be taken as a public act, and take
effect and be in force from and after its passage.
Approved February 13, 1865.
AN ACT to authorize the building of a bridge across the Illinois river at in force Feb. 15,
Havana. 1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Lyman
Lacy, William Walker, Alexander Stewart, George "W. corporators
Langford and James A. , or either of them, and
their or his associates, are hereby created a body politic and
corporate, by the name and style of "The Illinois Eiver Name and atyie.
Bridge Company of Havana," and by that name shall have
perpetual succession ; may sue and be sued, plead and be
impleaded, in all the courts of this state; contract and be
contracted with ; may make all needful by-laws and rules
for the government of the said company; fix the amount
of capital stock thereof at any amount necessary to carry
into effect the provisions of this act ; to hold real and per-
sonal property, provide for the management of the affairs
of the company, and appoint all officers and agents deemed
necessary for that purpose.
§ 2. The said company, after its organization, shall con-
sist of all persons who shall become stockholders therein ;
182 BRIDGES.
and, in managing all the affairs of said company, each
stockholder shall be entitled to one vote for each share of
stock held by him ; and in case any town or city shall be-
come the holder of any of said stock, as hereinafter provided,
such stock shall be represented by the supervisor of such
town, or the board of supervisors of such county, in case
stock be taken by a county, or the president and trustees of
the corporation of the town of Havana, in case stock is
taken by said corporation.
Location. § 3. The said company, when organized, may con-
struct and maintain a bridge over the Illinois river, at Ha-
vana, Mason county, state of Illinois, at any point above or
below the mouth of Spoon river, within one mile either
above or below said river, and, in any way, throw up or
improve the road across the Illinois bottom, westward, to
the bluff; and for the purpose of erecting and maintaining
such bridge and such road, and all such embankments, toll
houses, and dwelling houses for toll collectors, and such
other works as may be necessary for said bridge and road,
the said company may use so much of the streets, alleys,
public landings and public roads, in Havana, or in Fulton
county, and of the area and shores of said river, as may be
necessary.
§ 4. The said company shall, at all times, after the com-
pletion of said bridge, keep the same in good repair, and
allow a speedy passage to all comers, with their animals
and vehicles ; and if, at any time, the same shall be de-
stroyed by fire or hood, said company shall be allowed time
to rebuild the same.
May take toil. § 5. The said company are hereby authorized to estab-
lish such toll gates, and fix such rates of toll for crossing
said bridge, and traveling on such improved road, as it may,
by its by-laws, prescribe.
§ 6. The said bridge shall be deemed a public highway,
within the meaning of the laws providing for the punish-
ment of persons injuring, obstructing or destroying public
highways or bridges in any manner.
§ 7. The said company may, if deemed necessary, mort-
gage said bridge, for such amount, and upon such terms,
and in such manner, as they may agree upon in their by-
laws.
§ 8. The amount of shares of stock of said company
shall be fixed by the by-laws of said company, and shall be
considered as personal property, and transferable as such.
§ 9. Every person crossing said bridge, with any beast,
faster than a walk, shall forfeit five dollars to the proprietors
of said bridge, to be recovered before any justice of the
peace, or other court having jurisdiction of the same.
§ 10. The said company shall build such bridge in such
a manner that it shall not materially obstruct navigation on
the Illinois river.
BRIDGES. 183
§ 11. That the town of Havana, Mason county, Illinois, Havacamaytake
is hereby authorized to subscribe to the capital stock of said 8tock'
bridge company any sum, not exceeding ten thousand dol-
lars, or to loan the credit of said town to said company for
[the] same sum ; and, for the purpose of carrying the pre-
visions of this section into effect, said town of Havana,
through its president and trustees, is authorized to make
and issue the bonds of said town, bearing interest not ex-
ceeding ten per cent, per annum, payable to said company,
or any other person or persons, or body corporate : Provi-
ded, however, that whenever any such subscription or loan
of credit is proposed to be made, it shall be the duty of the
president of the board of trustees to order a vote of the
taxable inhabitants of said town, who are entitled to vote
in said town, by publication in some newspaper printed in
said town, or, if no such paper is printed, by posting up
notices in four of the most public places in said town, stat-
ing that on a certain day, not less than thirty days from
such publication, a vote of the taxable inhabitants of said vote on stock,
town, who are entitled to vote therein, will be had, to de-
cide whether said town shall subscribe or loan its credit, as
proposed by the board of trustees — said publication stating
the amount proposed to be subscribed, for which the credit
of the town is proposed to be loaned the company, and the
terms of the loan proposed to be issued. Said vote shall
be taken by ballot, at the place of holding elections in said
town ; and if a majority of the votes cast shall be in favor
of the proposition of the board of trustees of said town,
then such subscription shall be made, not otherwise : Pro-
vided, said loan be not taken on the first vote, the vote may
be repeated, in the same manner, as often as deemed neces-
sary by the board of trustees of said town.
§ 12. Any township in Mason or Fulton counties, under Towns may take
township organization law, may take stock in said company : s oc '
Provided, that at the annual town meeting in such town, a
majority of the legal voters voting at such town meeting
shall vote to take stock in said company, and shall deter-
mine the amount to be taken by said township. The super-
visor and town clerk of any such town shall execute all
bonds and other obligations, on behalf of said town, which
shall be directed to be executed by the vote of said town at
such annual town meeting, to secure the payment of the
stock so taken by such town.
§ 13. The counties of Mason and Fulton may each sub- Mason and Fui-
scribe to the capital stock of said company, by their board stockmay
of supervisors, either with or without submitting the ques-
tion of subscription to a vote of the legal voters of said
counties ; in which case a majority of the votes cast at any
such election shall be sufficient to authorize such subscrip-
tion. The said counties are authorized to issue their bonds,
signed by the president of the board of supervisors and
ISi
BRIDGES.
countersigned by the county clerk, drawing not more than
ten per cent, interest, payable to said corporation, or any
other person or body corporate.
Right of w»y. §14. Whenever the said corporation shall not have ac-
quired, by gift or purchase, any land or real estate necessary
for the purpose of building said bridge, or extending trestle
work, embankment or other structure on the west side of
said river, or for the purpose of constructing a road to the
bluff on the west side of the river, or for the purpose of
building toll houses, or houses for toll gatherers to live in,
then, and in that case, they shall have the same power and
privilege to condemn lands for the uses and purposes of said
road and embankments and toll houses, as is now conferred
on railroad corporations, by virtue of an act entitled "An
act to provide for a general system of railroad corporations,"
approved June 22, 1852.
§ 15. "No other bridge shall be built across said river
within one mile above or below the mouth of Spoon river :
proviso. Provided, that said company shall comply with, the pro-
visions of this act in relation to the erection and keeping in
repair of the bridge herein provided for.
finish § 16. Said company shail organize and get the sum of
twenty-five thousand dollars subscribed within five years,
and finish the said bridge within ten years from the passage
of this act, or the rights conferred by this act shall be at an
end.
Directors. § 17. There shall be five directors of said company,
who shall organize themselves, make all by-laws and trans-
act all the business of said company, and who shall be
elected annually, and hold their offices until their successors
Annual election, are elected. The annual election of said directors shall be
held on the first Saturday of January of each year ; and
the persons named in the first section of this act shall be
and constitute the directors of said company until their suc-
cessors are elected. That the said company shall have full
power to buy and hold real estate, and all other personal
property or franchises that may be necessary for the carry-
ing out of the provisions of this act.
§ 18. This act shall be considered a public act, and be
in force from and after its passage.
Approved February 15, 1865.
Time
briti
In force Feb. 1C,
1865.
Corporators.
AN ACT to incorporate the Illinois River Budge Company, at Peoria.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Tobias
S.. Bradly, Alexander McCoy, John T. Lindsay, George H.
BBIDGES. 185
Kettelle and William M. Dodge, aud their associates, heirs
and assigns, are constituted and declared a body corporate
and politic, by the name and style of " Illinois Kiver Bridge style and name.
Company, at" Peoria," from and after the passage of this
act ; and by that name they and their associates, heirs and
as?igns shall, in law, be capable of suing and being sued, Powers.
plead and being impleaded, answer and being answered, in
all courts and places whatsoever ; and they and their associ-
ates, heirs and assigns may have a common seal, and may seal.
alter and change the same at pleasure ; and also, they and
their associates, heirs and assigns, by that name and style,
shall be, in law, capable of purchasing, holding and con- May hold and
veying any real estate or personal property, for the use of seU real estate-
said corporation ; but the said real estate to be holden shall
be such only as -shaft be ifecessary 'to promote and attain the
object of the corporation.
*§ 2. The capital stock of said company shall be one capital stock,
hundred thousand dollars, divided into two thousand shares,
of fifty dollars each. And Tobias S. Bradley, Alexander cf°m™10scs£oners
McCoy, George H. Kettelle, John T. Lindsay and William
M. Dodge, are hereby appointed commissioners, to receive
subscriptions for the said stock ; and such subscriptions for
the said stock shall be opened at such time and place as the
commissioners, or a majority of them, shall appoint. If the
requisite number of shares shall not be subscribed for at the
time and place appointed for such subscriptions, said com-
missioners, or a majority of them, shall take such measures
for completing such subscriptions as they may deem expe-
dient and proper. Every subscriber shall, at the time of
subscribing, pay to said commissioners the sum of one dol-
lar for each share subscribed.
§ 3. As Boon as five hundred shares shall be subscribed, E^ion of offi"
the said commissioners shall give notice thereof, for thirty
days, in any newspaper printed and published in the city of
Peoria, and appoint the time and place, in such notice, for
suoh subscribers to meet for the purpose of choosing a
treasurer, secretary, and seven directors. Every stockholder
shall be entitled, at such and all other elections, to one vote
for each share, to the number of ten, and one vote for every
additional share ; which votes may be given in person
or by proxy. At the election to be held, as aforesaid, the
said commissioners, or such of them as may attend, shall
be inspectors, and their certificates of the names of the
persons elected shall be conclusive evidence of such election.
The first Monday in the month in which such election shall Time of election,
be held shall be the anniversary day of all subsequent
elections of such officers. A majority of the directors, so
chosen, shall be a quorum, and shall be capable of transact-
ing the business of the corporation, and any act of the ma-
jority of said directors shall be binding on said corporation.
The said directors, when elected as aforesaid, shall immedi-
—16
186
BRIDGES.
ately proceed to the choice of one of their number for
president ; and the said president and directors may meet
from time to time, and shall have power to make such by-
laws, rules and regulations as shall be deemed expedient
aud proper for the well-ordering of the affairs of the said
proviso. corporation : Provided, the same be not repugnant to the
constitution and laws of this state and of the United States.
Location bridge. § 4. The said corporation are hereby authorized and
empowered to erect a bridge over the Illinois river, at a
place on said river between the front of Hamilton street,
in the city of Peoria, and a point at or near the Narrows,
or Upper Ferry, a point four miles above the city of Peoria ;
which shall be constructed with a convenient draw, at least
width of draw, one hundred and fifty feet wide, for the passage of steam-
boats and other vessels; and shall keep good and sufficient
lights on each side of said draw, at all proper times; and
shall also keep some suitable person or persons at the said
bridge, who shall raise said draw, when it may be necessary
for the passage of any steamboat or other vessel passing up
or down said river, free from expense to the owner thereof.
Right of war. § 5. The said president and directors, or other persons
employed by them, may enter upon and take possession of
the land on each side of the river, when such bridge shall
be erected ; and the said corporation, on taking possession of
such land, and on receiving a conveyance thereof, shall pay
the value of so much of the same as may be necessary for
making and erecting said bridge, and establishing a gate,
toll house, and other works necessary for said bridge ; and
in case of a disagreement between the parties as to such
value, the same shall and may be ascertained by three dis-
interested freeholders of the county where such lands lie,
who shall be appointed for that purpose by the circuit court
of the same county, on the application of either party, and
shall be sworn to make a just valuation thereof.
May receive ton. § 6. As soon as the said bridge shall be completed, it
shall and may be lawful for the said corporation to erect a
gate at the end of said bridge, and to demand and receive
the same rates of toll, for passing the same, as are now
established and received for ferriage in low water at the
same place.
wiiifui damage. § 7. If any person or persons shall willfully or mali-
ciously do or cause to be done any act whatsoever, whereby
the said bridge, or anything appertaining to the same, shall
be impaired, injured or destroyed, the said person or per-
sons, so offending, shall forfeit and pay to the said corpora-
tion treble the amount of damages occasioned thereby, to be
recovered by the said corporation, with costs of suit, in an
action of trespass, in any court having competent jurisdic-
tion thereof.
Rate3oftoii. § 8. It shall be the duty of said corporation to affix or
BRIDGES. 187
post up, in a conspicuous place over the said gate, a sign-
board, with the rates of toll written thereon in large letters.
§ 9. If any toll gatherer shall unreasonably delay or hin-
der any traveler from passing said bridge, or shall demand
or receive more toll than is by this act established, he shall,
for every such offense, forfeit and pay a sum not exceeding
ten dollars, with costs of suit, to be sued for and recovered
before any justice of the peace of the county where such
offense shall be committed, for the use of the person or per-
sons so unlawfully delayed, hindered or defrauded.
§ 10. It shall not be lawful for any person or persons to
ride or drive over said bridge faster than on a walk; nor shall
it be lawful to drive more than twenty head of cattle on the
said bridge at any one time, on penalty of forfeiting, for
every such offense, the sum of one dollar.
§ 11. All officers chosen at the annual election, afore- Term of office,
said, shall hold their offices until the next annual election,
or until others are elected in their stead ; and the president
and directors, or a majority of them, shall have power to
call a meeting of the corporation, whenever they may deem
it necessary, by publishing a notice of the time and place
for holding the same, thirty days previous to the time of
said meeting.
§ 12. Shares in said corporation shall be considered as
personal property, and transferable as such.
§ 13. That as soon as the said bridge shall be completed 'erry owners to
and rendered passable, the said corporation shall pay to the bepau
proprietors of the ferry now established across the Illinois
river at that place, a reasonable compensation or indemnity
for the loss or injury occasioned the said proprietors by the
erection of said bridge, taking into consideration all the ad-
vantages which other citizens of Peoria shall derive from
the same source ; and if the parties shall be unable to agree
as to the amount of such compensation or indemnity, the
same may be submitted to three arbitrators, to be mutually
chosen and agreed upon by the parties, whose award shall
be final ; or, in case the parties should not agree upon the
compensation to be paid to the proprietors of the ferry, nor
upon arbitrators to determine the same, the supreme court,
upon the application of either party, shall have power to
make such award in the premises, and render such judgment
or decree, as shall be suited to the justice and equity of the
case.
§ 14. If the said bridge shall not be erected, built and Time of compie-
completed within fourteen (14) years after the passage of
this act, the said corporation shall be dissolved.
[§ 15.] This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
tion.
188 BRIDGES.
In force Feb. 16, -AN ACT to levy taxes upon the property in certain towns therein named,
1365. to liquidate the indebtedness for building a bridge across the Kankakee
river at Aroma, in Kankakee county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That there
Tax levied. shall be levied and collated upon the taxable property of
the towns of St. Anne and Aroma, in Kankakee county,
and the towns of Beaver and Papeneau, in Iroquois county,
Amount. a tax of one per cent, upon the dollar of the assessed value
of said taxable property, to be collected in two annual col-
lections, for the purpose ot liquidating the indebtedness
made in the construction of a bridge across the Kankakee
river at Aroma, in Kankakee county, by the Aroma bridge
committee.
§ 2. That the county clerks of said counties, respectively,
in making out the tax books for the collection of taxes in
said counties, in and for the years 1S65 and 1S6G, shall
compute and set upon the said tax books, against every per-
son's taxable property in said towns, for each of said years,
a tax of five mills upon the dollar of the assessed value
of said taxable property, which shall be collected as other
state and county taxes are collected by law.
•rax, how paid § 3. That it shall be the duty of the collectors of said
taxes to pay the same over to James M. Perry, or his leoal
representatives, who shall pay and liquidate the indebted-
ness due to himself and divers other persons, contracted by
the said bridge committee, for the construction of said
bridge ; which shall ever remain a free bridge, for the use
•of ttie public. In case said tax, so collected, shall exceed
four thousand dollars, the remainder, after discharging said
indebtedness, shall be paid over to said counties in pro rata
shares, as collected from said counties, to be appropriated
for the benefit of said towns by the boards of supervisors of
said counties, respectively.
§ 4. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 16, 1865.
out.
In force Feb. 13, AN ACT to incorporate the Marseilles Bridge Company.
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented vn [the] General Assembly, That Koder-
coiporators. ick Clark, George C. Campbell, E. Id. Johnson, John Her-
rington, David Strawn, Andrew J. Thurber, Isaac Gage,
and A. D. Butterfield, or either of them, and their or his
associates, are hereby created a body politic and corporate,
Name and style, by the name and style of "The Marseilles Bridge Com-
BRIDGES. 189
pany ;" and by that name shall have perpetual succession,
may sue and be sued, plead and be impleaded, in any of Powers,
the" courts of this state ; may contract and be contracted
with; and may make all the needful rules, regulations and
by-laws for the government of said company and the man-
agement of its affairs; and may appoint all the officers and
agents deemed necessary in and about the business of said
company.
§ 2. The capital stock of said company shall be fifty capital stock.
thousand dollars, or such less sums as may be sufficient to
carry out the provisions of this act ; and said stock shall be
divided into shares of fifty dollars each, which shall be
assignable on the books of said corporation only, and after
the payment to said corporation of all debts due to it
from the holder of such stock. And the corporators Books for stock,
named in this act, or a majority of them, may open books
and receive subscriptions to said stock ; and as soon as the
sum of live thousand dollars thereof shall be subscribed
they may cali a meeting of such stockholders, at a time and
place to be designated by said corporators, giving at least
ten days' notice of the time and place of such meeting,
either personally to each stockholder or by publishing a
notice thereof in some newspaper printed in the city of Otta-
wa, in the county of La Saile ; and at such meeting the said
stockholders shall be authorized to make the rules, regulations
and by-laws in this act provided fur, and to elect officers and
appoint agents and servants, and fix their terms of office, and
to provide for such regular meetings as they may deem
proper.
§ 3. Said company is hereby authorized and empowered Location of
t r • . • \ • i i xi bridge.
to construct and maintain a bridge over and across the
Illinois river at or near Marseilles, in the county of La Salle,
from the point where Milwaukee street, in the old town of
Marseilles, intersects said river, on the north bank, to that
point on the south bank of said river, (upon the west half
of the south fraction of the north-east quarter of section
twenty-four (21), township thirty-three (33) north of range
four (4) east of the third P. M.,) where the public highway
intersects said river, or within 40 rods thereof, east or west ;
and for the purpose of erecting and maintaining such
bridge and all the embankments, piers, toll-houses and
dwelling houses for toll collection, and such other works as
may be necessary for said bridge, the said company may Right of way.
use so much of said Milwaukee street, and of said public
highway, and of the bed and shores of said Illinois river,
and of the materials of stone and earth thereon, as may be
necessary.
§ 4. The said company are hereby authorized, after the Rates of ton.
completion of said bridge, to place a toll-gate at either end
thereof, where they may charge and receive the following
rates of toll for crossing said bridge : For each vehicle,
190 BRIDGES.
drawn by two horses, mules, asses, oxen or other animals,
twenty (20) cents; for each additional horse, mule, ass, ox,
or other animal, attached to said vehicle, live (5) cents;
for each vehicle drawn by one horse, mule, ass, ox, or other
animal, ten (10) cents ; for each man and horse, or other
animal, five (5) cents; for each hog or sheep, one (1) cent;
for each head of horses, mules, asses, oxen, or other ani-
mals, not provided for above, three (3) cents ; for each foot-
man, three (3) cents. And if any of the above enumerated
men, vehicles or animals shall return across the said bridge
upon the same day, they shall be passed at one-half of the
proviso. above rates : Provided, that said corporation may charge
double the above rates for all persons crossing said bridge be-
tween the hours of nine (9) o'clock p. m., and five (5) o'clock a. m.
lohrfeited!dse i3 § 5- Tne sa5d bridge company shall, at all times, keep
said bridge in repair, after the completion thereof, and allow
a speedy passage to all comers, with their animals and
vehicles; and if, at any time, the same shall be out of
repair, so as to be impassable for the space of three months,
at any one time, the same with its appurtenances, shall be-
come the property of the county of La Salle, upon its
putting or keeping the same in good repair, without, how-
rioviso. ever, the right to charge toll thereon : Provided, always,
that if said bridge shall be destroyed by fire or flood or re-
quire to be re-built, for any cause, said company shall be
allowed a reasonable time to re-build the same.
§ 6. The said bridge shall be considered a public high-
way, within the meaning of the laws providing for the pun-
ishment of persons obstructing or destroying highways in
any manner.
fine. § 7. Every person crossing said biidge, with any animal,
faster than a walk, shall forfeit five dollars to the said cor-
poration, to be recovered before any justice of the peace or
other court having jurisdiction of the same.
company may s g# rrjie ga}cj company may, if they deem necessary,
borrow money. , ° i m i • • i -i T • '• 1
borrow money to build or assist in building or repair said
bridge, and may issue bonds therefor, secured by mortgage
of said bridge, with its appurtenances, and the franchises of
said company.
stock, when paid § 9. Said company may require the payment of the
several amounts subscribed for the stock aforesaid at such
time and places and in such installments as the interests of
said company may, in their opinion, demand, and may en-
force the same by ordinary process of law, and may provide
for and declare the forfeiture of all delinquent stock, in such
manner as their by-laws may direct.
Materials for. § 10. The said bridge company shall have the same
power to obtain materials for the construction of said
bridge, its embankments, piers and appurtenances, as are
now conferred by law upon the Chicago and liock Island
BRIDGES.
191
Eailroad company, in relation to procuring materials for
said road.
§ 11. Said company shall commence the erection of said T™;f comPlfr
bridge within one year and complete the same within three
years after the passage of this act.
§ 12. This act shall be deemed and taken as a public
act in all of the courts of this state, and shall be in force
from and after its passage.
Appeoved February 13, 1865.
AN ACT to empower the persons mentioned in an act of incorporation, In force Feb. 1G>
passed by the general assembly of the state of Missouri, entitled "An act
to incorporate the St. Louis and Illinois Bridge Company," approved Feb-
ruary 5, 186-i, to form a corporation, and build a bridge across the Mis-
sissippi river, at St. Louis.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the per-
sons named in the act of incorporation, granted by the gen- €™%*?*e- may
eral assembly of the state of Missouri, entitled "An act to
incorporate the St. Louis and Illinois Bridge Company,"
approved Feb. 5, 1864, shall have the right to organize and
form a corporation, in accordance with said act, to construct,
maintain and use a bridge, for railroad and other purposes,
over that portion of the Mississippi river, at the city of St.
Louis, within the jurisdiction of the state of Illinois, sub-
ject to the conditions, terms and modifications herein set
forth : Provided, that said bridge shall not be located more Proviso,
than one hundred feet north or south of the dike or cause- Location bridge,
way upon which the ordinary travel is now conducted, and
which connects Bloody Island, opposite the city of St.
Louis, aforesaid, with the main Illinois shore.
§ 2. Whenever three hundred thousand dollars shall Election of a»-
be subscribed, the said persons named in the first section of
said act, passed by the general assembly of the state of
Missouri, or any five of them, shall call a meeting of the
stockholders, and a majority in interest of said stockholders,
in accordance with said act, shall elect nine directors, who
shall fix and determine the location of said bridge; and thirty
days' notice shall be given of the time and place of such
election, in two daily papers published in said city of St.
Louis, and in one daily or weekly newspaper published
respectively in the counties of St. Clair and Madison in the
state of Illinois.
§ 3. Should said bridge be built, with rail road tracks, ^oads to use
the said company shall suffer and permit the rail road com-
panies whose terminus is now on Bloody Island, opposite
the city of St. Louis, aforesaid, or which may hereafter ter-
192 BRIDGES.
minate there, to cross upon said bridge, with their cars,
locomotives and trains, upon such terms and rates as may be
agreed upon between the St. Louis and Illinois Bridge
Referees appoin- Company anc{ tne gg,}^ ra;i roacj companies ; and in case of
disagreement as to the amount of compensation to be paid,
for passage, as aforesaid, the same shall be detei mined by
five referees, two of whom shall be appointed by each of
said corporations, and the fifth shall be appointed by the
four referees ; and in case said companies cannot agree as
• to said referees, or if either party shall fail or refuse to make
such appointment, either party may apply to the judge of
the St. Clair county circuit court, upon giving to the oppo-
site party ten days' notice, in writing, of such intended
application for the appointment of five referees to fix said
compensation; and he shall have full powers to make such
appointment for the party refusing to appoint referees, as
herein before provided ; and the said referees, so appointed,
shall have power to fix and determine said compensation,
and shall furnish a copy of their award to each of the par-
Appeai from ch- ties ; and either party may appeal from such decision to the
St. Clair county circuit court, of the state of Illinois, ac-
cording to the laws regulating appeals from justices of the
peace, and may, also, appeal to the supreme court under the
proviso. laws of the state of Illinois : Provided, that any such ap-
peal shall not affect the right of any railroad company to
pass over said bridge during the pendency of said appeal,
if the compensation fixed by said referees shall be duly ten-
proviso 2. dered: And, provided, further, in case said St. Louis and
Illinois Bridge Company hinder or prevent any such rail-
road company from the use of said bridge, upon tender of
the compensation fixed as aforesaid, the said St. Louis and
Illinois Bridge Company shall forfeit all rights and privi-
leges under this charter.
Eaiiroad compa- | 4. And be it further enacted, that any railroad com-
stockmay °wn pany, whose terminus is now on Bloody Island, aforesaid,
shall have power of becoming an incorporator in said bridge
company, and to take and subscribe, or acquire by subse-
quent purchase, stock, not to exceed one-sixth part of the
capital stock of said bridge company, which may be created,
from time to time, either by subscription or purchase; and
whenever such railroad company shall, by an order of its
board of directors, make an order to that effect, and sub-
scribe and secure to be paid the amount necessary, it shall
be deemed, in law, an incorporator in the said company
hereby chartered, to such an extent, and shall have and
enjoy all the rights belonging or appertaining thereto.
Right of way. § 5. The said company shall have power to acquire title
to all lands necessary for the construction of said bridge and
for the approaches thereto, from railroads and highways ;
and the said company shall, also, have the right to protect
the banks of the river, above and below the bridge, so far
BRIDGES. 193
as may be necessary to keep the channel within the open-
ing of the bridge.
§ 6. The said company shall have the power to con- Lands.
demn, under the laws of the state of Illinois, all such lands
and other property as may be necessary for the construction
of said bridge and the approaches thereto, from railroads
and other public highways, and, also, all such lands and
property as may be necessary and proper to protect the
banks of said river, above and below said bridge :
Provided, always, that no lands shall be condemned for Proviso,
bridge purposes, or other purposes before mentioned, which
have already been condemned or acquired for the use of
any railroad terminating on Bloody Island, aforesaid.
% 7. Said corporation may borrow money, at any rate of company may
. ° , *■ . < . .. , . J ' , •' borrow money.
interest, and may mortgage their irancmses and property,
and issue bonds, secured by said mortgage, and sell the same
at any agreed rate of discount.
§ 8. That the said company shall not make any dis- ^f^.0* aU
crimination or exercise any partiality in fixing the rates for
carrying persons or freight or trains over said bridge, but
the same shall be just, equal and uniform, as to all per-
sons and corporations; and, in case of violation of this
section, the person or corporation aggrieved shall have the
right to recover from the company three times the amount
so improperly charged, before a justice of the peace, where
the amount is under one hundred dollars, and in the circuit
court, where the amount is over that sum.
§ 9. The stock of this company shall be deemed as si?c^0olders^
personal property, and the stockholders shall only be liable of stock.
to the creditors of such company to an amount equal to the
amount of stock held by them, respectively.
§ 10. This act shall be deemed and taken as a public
act, and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to incorporate the Morris Bridge in force Feb. 18,
Company," passed February 13, 1855. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
seven of an act entitled " An act to incorporate the Morris charter amended
Bridge Company," approved February 13th, 1855, be, and
the same is hereby amended, so that hereafter said compa-
ny is authorized to charge and receive the following toll for
crossing said bridge, to wit: For each vehicle drawn by Bates of tou.
two horses, mules, asses or oxen, twenty cents ; and for
each additional horse, mule, ass or ox attached to said vehi-
194
BRIDGES.
cle, five cents ; for each vehicle drawn by one horse, mule,
ass or ox, fifteen cents ; for each hog or sheep, three cents ;
for each head of horses, mules, asses or cattle other than
above enumerated as aforesaid, five cents; for each foot
man, five cents ; for each man and horse, ten cents.
§ 2. That all laws or parts of laws in conflict with this
act are hereby repealed.
§ 3. This act to take effect from and after its passage.
Approved February 13, 1865.
In foree Feb. 16, AN ACT to repeal an act entitled "An act to amend an act entitled an act
1865- to incorporate the Morris Bridge Company."
.Act repealed.
Act revised.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That an act
entitled "An act to amend an act entitled an act to incor-
porate the Morris Bridge Company," passed February 13th,
1865, be and the same is hereby repealed, and any act or part
of an act repealed by said amended act be, and the same
is hereby revived.
§ 2. This act shall be in force from and after its passage.
Approved February 16, 1865.
Jn force Feb. 15, AN ACT to revive an act entitled " An act to incorporate the Quincy
1865- Bridge Company," approved February 10, 1853.
Section 1. Be it enacted by the People of the ittate of
Illinois, represented in the General Assembly, That the act
in the title hereof mentioned, is hereby revived and re-en-
acted, and the time limited for the commencement of the
construction of said bridge is hereby extended five years
from the passage of this act.
§ 2. The said corporation hereby revived, together with
all incorporations with which it may hereafter consolidate,
or connect, shall be subject to such regulations in re-
gard to the tariff on passengers and freight, as may be pre-
scribed by any law of the general assembly of this state.
§ 3. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved Feb. 15, 1865.
Act revived.
Tolls.
BRIDGES. 195
AN ACT to incorporate the "Saline River Bridge Company." In force Feb. 16,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
Carroll, John McKee Peeples, Thomas S. Ridgway, John corporators.
T. Walters and James "Wathen, and their associates, suc-
cessors and assigns, are hereby constituted a body cor-
porate and politic, by the name and style of the "Saline Riv- Name and style.
er Bridge Company," and by that name may have perpetual
succession, may sue and be sued in all courts of law and Powera.
equity iu this state, may contract and be contracted with,
make all needful by-laws for the government of said com-
pany, may appoint necessary agents for carrying into effect
the provisions of this charter, may have and use a common Seal,
seal, and possess all such powers as are necessary to carry
into effect the provisions of this act.
§ 2. The capital stock of said company shall be ten capital stock.
thousand dollars, which may be increased to twenty thou-
sand dollars, which shall be divided into shares of fifty
dollars, any portion of which stock may be subscribed by
the county of Gallatin.
6 3. That John T. Walters, Charles Carrol and John commissioners
_ , '__ _ -, . , '. , . ,, ,i for stock.
McKee Peeples, are hereby appointed commissioners tor the
receiving of subscriptions to the stock of said company, which
subscriptions may be made at such times and places, and
up m such terms as may be agreed on by said commissioners.
§ 4. - Such company shall elect a board of five directors, ^X'e' term
stockholders of said company, for the management of the af-
fairs of said company, which directors shall be chosen by vote
of the stockholders, and who shall hold their offices for one
year, and until their successors are chosen ; and at all elec-
tions held by the stockholders of said company, each stock-
holder may vote personally or by proxy, and shall have one
vote for each share of stock held by him. Such directors officers.
shall choose one of their number as president, and may ap-
point a secretary and treasurer, and such other officers and
agents a^ may be necessary. The time and place of hold- First election-
ing the first election for directors shall be fixed by said com-
missioners, and all subsequent elections shall be held and
regulated according to the by-laws of said company.
§ 5. Said company may organize when five thousand c°™l*?le'd wheD
dollars of stock is subscribed, and when so organized may
construct and maintain a bridge across the Saline river, at
or near a point called " Ground Hog Landing," in the coun-
ty of Gallatin, and for the purpose of maintaining such Right of way.
bridge, and all embankments, approaches, toll houses,
dwelling houses for collectors, and such other works as may
be requisite for such bridge, the said company may take
possession of, and use so much of the bed and shores of said
river or any public highway, as may be necessary. The
said company shall have the same privilege in procuring
196 BRIDGES.
the right of vvay and material for building said bridge as
are allowed to officers of highways by law. Charles Car-
roll, John T. "Walters and James M. Wathen are hereby ap-
pointed commissioners to select a sight for said bridge.
nates of ton. ^ g> Th e said company are hereby authorized after the
completion of said bridge, to place a toll gate at either end
thereof, where they may charge and receive the following
rates of toll for crossing said bridge, to wit : For each ve-
hide drawn by two horses or animals, twenty-five cents ;
for each additional animal attached to such vehicle, five
cents ; for each vehicle drawn by one horse or other animal,
twenty cents ; for each hog or sheep, three cents ; for each
animal other than hogs or sheep, five cents ; for each foot-
man, five cents: .Provided, that said company may charge
double toll for all crossings between the hours of eight
o'clock p. m., and five o'clock a. m., going and returning.
§ 7. Said company shall at all times after the comple-
tion of said bridge, keep the same in good repair, and al-
low all persons a speedy passage with their animals and ve-
hicles, upon payment of the tolls as specified herein, and
such bridge shall be deemed a public highway within the
meaning of the laws providing fov. the punishment of per-
sons injuring, obstructing, or destroying public high-
proviso. ways, or bridges, in any manner whatever : Provided, that
if said bridge shall be destroyed by fire or flood, or require
from any cause to be rebuilt or repaired, said company shall
be allowed a reasonable time to rebuild and repair the same.
stock deemed § 8. The stock of said company shall be deemed per-
perty. P sonal property for all purposes whatever. All acts and parts
of acts inconsistent with the powers herein granted, or which
would or might in [any] manner hinder or obstruct the ex-
ecution of the powers granted by this charter, are hereby
repealed. This act to be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN" ACT to incorporate the Seneca Bridge Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Jere-
oorporators. miah Crotly, John Armour, William H. Underbill, Isaac
Gage, and Alexander .Bruce, or either of them, and their
associates and assigns, are hereby created a body corporate
Name and style, and politic, by the name and style of the "Seneca Bridge
Company," and by that name shall have perpetual succes-
Poweis. sion, may sue and be sued, plead and be impleaded ; may
make all needful rules and by-laws for the government of
said company, fix the amount of the capital stock thereof
BRIDGES. 197
at any amount they may deem necessary to carry into effect
the provisions, and appoint all officers and agents deemed
necessary for that purpose.
§ 2. The said company, after its organization, shall con-
sist of all persons who shall become stockholders therein,
and in managing the affairs of said company each stock-
holder shall be entitled to one vote for each share held by
him, and the shares of stock shall consist of fifty dollars
each.
§ 3. That said corporation, when organized, may con- Bridga location.
struct and maintain a bridge across the Illinois river at any
point within twenty rods of the section line between sections
twenty-five (25) and twenty-six (20), in township thirty-
three (33), north of range five (5), east of the third princi-
pal meridian, in La Salle county.
§ 4. For the purpose of erecting and maintaining said
bridge, the said company shall have power to make em-
bankments that may be necessary, and to erect and main-
tain such toll-gates and toll-houses as may be necessary, and
also dwelling houses for bridge tenders and employees.
§ 5. The said company may at any stated or regular meet Free toils to.
ing of the stockholders, make an order that any person
taking five hundred dollars of the original stock of said
company, may pass said bridge free of toll while he, she or
they own the same.
§ 6. The said company shall, at ail times, after the com- charter, when
pletion of said bridge, keep the same in good repair, and forfelted-
allow a speedy passage to all comers, with their vehicles and
animals ; and if at any time said bridge shall become un-
safe or impassable for the space of three months, at any one
time, this charter shall become forfeited: Provided, how- Proviso.
ever, if said bridge shall be destroyed or injured by fire or
flood, the company shall be allowed the necessary time to
repair the same.
§ 7. The said company shall be permitted, after the rtates of ton.
completion of the bridge, to establish and collect a rate of
tolls not to exceed the following : For each vehicle drawn
by a pair of horses, mules, asses or oxen, twenty-five cents ;
for each additional horse, mule, ass or ox attached to such
vehicle, ten cents; for each, one horse wagon, carriage, or
cart, twenty cents ; for each man and horse, ten cents ; for
each hog, or sheep, or cattle, three cents ; for each footman,
five cents: Provided, said company may double the above
rates after nine o'clock in the evening and before daylight
in the morning.
§ S. The said bridge and the approaches thereto shall be
deemed a public highway, within the meaning of the laws
providing for punishment for the destruction, injury, or ob-
struction of the public roads and bridges in this state,
§ 9. Said company may, if deemed necessary, by a ma- Borrow money,
jority of the stockholders, mortgage said bridge for such
198
BRIDGES.
Time of compl
tion.
Organization.
sum and in such manner as may be voted by said stock-
holders.
Penalty. § 10. Ever}?- person crossing said bridge faster than a
walk, with any beast, shall be subject to a fine not exceed-
ing ten dollars, to be recovered before a justice of. the peace,
and said fine shall be paid to said company ; such person
shall also be liable for whatever damages he may cause to
said bridge.
§ 11. The company shall build said bridge in such a
manner as not materially to obstruct the navigation of said
river, and the company shall keep open at least sixty feet,
or more if necessary, at all times, for the passage of such
boats as may want to navigate said river, at the place of
said bridge, if such opening is necessary for their passage.
§ 12. Said company shall have the same power in rela-
tion to procuring materials for said bridge as are now con-
ferred upon the Chicago and Rock Island Railroad Compa-
ny for that purpose.
§ 13. Said company shall commence said bridge within
two years from the passage of this act, and complete the
same within four years from the same time.
§ 14. As soon as fifteen thousand dollars of stock is
subscribed, said corporators may call a meeting of the • ub-
scribers, and they may organize said company in such a
manner as they see fit, and make such rules as thev deem
necessary, and the stockholders may, at any meeting, by a
majority vote of all the shares, change the same as they
think best, and in all cases, each stockholder shall be enti-
tled, by himself or by proxy, to one vote for each share.
§ 15. The towns of Brookfield, Allen and Manlius, in
LaSalle county, and the towns of Norman, Vienna and
Highland, in Grundy county, may and they are hereby
authorized to take stock in said company, not to exceed five
thousand dollars for each town, and to issue the bonds of
said towns, respectively, for the same, in such sums, payable
at such times and with such interest, as may be voted at any
regular town meeting of said towns by a majority of all the
voters voting at such meeting, and if either of said towns
vote to subscribe for such stock and issue such bonds, it shall
be the duty of the supervisor and town clerk to issue such
bonds, subscribe for such stock in the name of the town,
negotiate said bonds, and use the proceeds thereof for pay-
ment of said stock : Provided, Aoivever, that said bonds
shall not be sold for less than their par value.
Tax to be voted g -\_Qt The said towns are hereby authorized to vote a
tax, at any town meeting, upon the taxable property of the
town, at such a rate as may be necessary to pay the princi-
pal and interest of said bonds, and the town clerk shall cer-
tify the same to the county clerk in the manner now pro-
vided for ordinary town taxes, and the same shall be col-
lected and paid over to town officers in the same manner as
What towri3 may
take stock.
BRIDGES. .199
is now provided for town taxes, and such taxes shall be ap-
plied for the purposes for which they were voted. The su-
pervisors of said towns shall represent the same in said com-
pany, and cast the vote such town may be entitled to accord-
ing to its shares of stock.
§ 17. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Sterling Bridge Company. In force Feb. 13,
Whereas, Thomas A. Gait, William A. Sanborn, Henry Preamble.
Moore, William McCune and others, did associate them-
selves together for the purpose of building a bridge across
the Rock river, at the city of Sterling, in Whiteside
county, in this state ; and whereas, the said bridge has
been located and built upon and from B street of said city
of Sterling to the opposite side of the Rock river ; therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That said
Thomas A. Gait, William A. Sanborn, Henry Moore, Wil- Corporators.
Ham McCune, and all such other persons as are or may be
associated with them by being a stockholder of said bridge,
their heirs, successors and assigns be and they are here
by constituted and declared a body corporate and poli- Body corporate,
tic, by the name and style of " The Sterling Bridge Com-
pany," for the purpose of maintaining said bridge as located,
and by that name and style are hereby made as capable in Powers,
law as natural persons to contract and be contracted with,
sue and be sued, plead and be impleaded, in all courts of
law and equity; to make and use a common seal, to alter s«a!-
or amend the same at pleasure, and generally to do and exe-
cute all acts, matters and things which a body corporate or
politic, or an individual, may lawfully do; and the said To hold property
company shall, in law, be capable of purchasing, holding
and conveying any estate, real or personal, that may be rieces-
sary to enable said company to accomplish the object of this
corporation, as above expressed, and the stock of said com-
pany shall be deemed and considered personal property ; and
said company shall have full power to borrow money, make Borrow money.
the necessary notes or bonds therefor, and to execute and
deliver mortgages upon all or any part of the property and
franchises of said company to secure the payment of the
same.
§ 2. The capital stock of said company shall be eighteen capital stock.
thousand dollars, but may be increased to fifty thousand
dollars, should the directors of said company deem such in-
200
BRIDGES.
Election
rectors.
of di-
Annual meeting
Officers,
elected.
By-laws.
Right of way.
Rates of toll.
crease necessary, for the purpose of maintaining or rebuild-
ing said bridge; and said capital stock shall be divided, as
it now is, into shares of fifty dollars each.
§ 3. The stockholders of said company shall elect, by
ballot, live of their members as directors, who shall hold their
offices for one year and until their successors shall be chosen ;
and at all elections for directors each stockholder shall be
entitled to one vote for each and every share of stock by him
owned, which may be cast by such stockholder in person or by
proxy duly authorized ; and an election for live directors
shall be hold en annually after the first election on the first
Monday of July : Provided, however, that the present presi-
dent, secretary, treasurer and directors shall hold their offi-
ces until their successors shall be chosen.
§ 4. Said directors, when elected, shall choose one of
their number president ; and they shall have power to choose
a secretary and treasurer, and all such other officers, agents
and laborers as they may deem necessary and proper, and
to prescribe all necessary by-laws, rules and regulations for
the government of said company, and its officers and agents,
which will not be inconsistent with the constitution and laws
of the United States or of this State.
§ 6. Said company may use so much of said B street of
said city of Sterling, upon and from which said bridge is
located, as shall be necessary for the maintaining of said
bridge, and make a good and sufficient passage to and from
the same ; and also, said company is authorized and em-
powered to obtain the right of way at and from either end
of said bridge to any public road or roads necessary for the
use of said bridge, and" also across the island crossed by said
bridge, either by purchase or in manner prescribed by law
for obtaining the right of way for public roads, canals, rail-
roads or other public works.
§ 6. Said company is hereby authorized and empowered
to maintain a toll-gate and toll-house at either or both ends
of said bridge, and to demand and receive for passing over
the same, or any part thereof, not exceeding the following
rates of toll, viz': For each two horse wagon, carriage, or
other vehicle, drawn by two horses or other animals, twenty-
five cents , and for each additional animal or wagon at-
tached thereto, five cents ; for each one horse wagon, car-
riage or other vehicle, drawn by one horse or other animal,
fifteen cents ; for each horse, or other animal, and rider, ten
cents ; for each head of horses, mules, asses or cattle, under
and to the number of twenty, not driven in a team or teams,
five cents, and for all over twenty, three cents each ; for
each head of swine or sheep, two cents ; and for each foot
passenger, five cents : Provided, said company may double
the above rates of toll after nine o'clock in the evening, and
before daylight in the morning.
§ 7. Said company shall at all times keep the said bridge
BRIDGES. 201
in good order and repair, with a safe and convenient pas-
sage to and from the same, unless the same shall be carried
away or injured by highwater or other casualty, and then
the same may be speedily rebuilt or repaired.
§ 8. If any person or persons shall willfully do or cause offenders, how
V t ■ • , mi m i ° punished.
to be done any injury to said bridge, such person or persons
so offending shall be liable to pay to said company not less
than twice the amount of such injury, to be recovered by
said corporation, with costs of suit, in an action of trespass,
in any court having competent jurisdiction thereof, or by
indictment in the circuit court in the name of the people of
the state of Illinois, and on conviction, under indictment,
such person or persons shall also be liable to imprisonment
not exceeding three months, and to pay costs of prosecution.
§ 9. Any person or persons crossing said bridge, or any Fines.
part thereof, with any beast or animal, faster than a walk,
or violating any of the regulations of said company, posted
or hereinafter provided, shall forfeit and pay the said com-
pany ten dollars for each offense, to be recovered by an
action of debt before any justice of the peace or other officer
having jurisdiction thereof: Provided, said company shall Proviso,
keep up at each end of the bridge, posted in some conspicu-
ous place, painted in large letters, said regulations, and a
notice forbidding the crossing of said bridge faster than a
walk.
§ 10. This act shall be in force from and after its passage.
Approved February 13, 1865.
AN ACT to incorporate the Warsaw Bridge Compaiw. In force Feb. 16>
v o * J 1865.
Section 1. Be it enacted by the People of tJie State of
Illinois, represented in the General Assembly, That Henry
Hill, John W. Marsh, George J. Rogers, Neziah W. Bliss, corporators,
and Henry R. Chittenden, their associates, successors, heirs
and assigns, be and the same are hereby created a body
corporate and politic, by the name of "The Warsaw Bridge Name and style.
Company," with power to build, maintain and use, for rail-
road and other purposes, and as a public highway, a bridge,
over the Mississippi river, or that portion within the juris- Bridge location,
diction of Illinois, within and opposite to the city of War-
saw, Illinois, according to its present limits, in such manner
as sha.l not materially obstruct or interfere with the free
navigation of said river; and to connect such bridge, by
railroad or otherwise, with any railroad or other public road,
cither in the state of Illinois, Missouri, or Iowa, terminating
within or opposite to said city of Warsaw, according to its
present limits; and to contract with any corporation or
—17
202
BRIDGES.
Capital stock.
Eight of way.
Powers.
municipal authorities, in either of said states, for the con-
struction and maintenance of said bridge ; and to establish
rules and regulations for the government, management and
use thereof; to unite and consolidate its franchises and pro-
perty with any and all bridge and railroad companies in
either of said states ; to fix the amount of capital stock ; to
divide, transfer and increase the same ; to borrow money
and pledge or mortgage its property and franchises; to
condemn, according to law, right of way, property, and
stone, and earth, for the uses and purposes of said company;
to contract, bargain and agree with any such railroad com-
panies for aid in the construction and maintenance of said
bridge ; and to sell or lease the same, or the use thereof, or
the franchises of said company, to any company or corpora-
tion. And said corporation, hereby created, shall have
power to sue and be sued, plead and be impleaded, answer
and be answered unto, in their corporate name, in all courts
and places ; to have a common seal, and change the same at
pleasure ; and they shall have the exclusive right to do and
perform all the acts hereinbefore enumerated : Provided,
that the work upon said bridge shall commence within ten
years and be completed within twenty years from the pas-
sage of this act.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, 1865.
In force Feb. 16,
1865.
AN ACT to incorporate the Whiteside Central Bridge Company.
Powers.
Section 1. Be it enacted by the J/eople of the State of
Illinois, represented in the General Assembly, That Guy
corporators. Kay, Daniel F. Cole, William Hill, Andrew J. Warner,
Anthony S. Mattson, Henry Dudley, and Justus Rew, or a
majority of them, and their associates, are hereby created a
Name and style, body politic and corporate, by the name and style of "The
Whiteside Central Bridge Company;" and by that name
shall have perpetual succession ; may sue and be sued ;
may plead and be impleaded, in all courts and places where
legal proceedings are had ; contract and be contracted with ;
may have and use a common seal, and alter the same at
pleasure ; may make all needful by-laws and rules for the
government of said company, fix the amount of the capital
stock thereof, at any amount necessary to carry into effect
the provisions of this act ; provide for the management of
the affairs of the company, and appoint all officers and
agents deemed necessary for that purpose.
§ 2. The said corporators, or a majority of them, are
BRIDGES. 203
hereby authorized to receive subscriptions to the stock of
said company, and to make all needful rules for the proper
organization of said company : Provided, so soon as five Proviso,
thousand dollars of stock shall be subscribed, said corpora-
tors, or a majority of them, shall call a meeting of the stock-
holders of said company, by posting up written or printed
notices of the time and place of holding such meeting, in
three or more public places in the vicinity where said stock
is subscribed, at least ten days before the time of holding
such meeting, for the purpose of electing five directors of Election of di-
_ 1' ini ill"! i rectors.
said company, each of whom shall be a stockholder, who
shall continue in office until their successors shall be elected
and qualified : Provided, that all subsequent elections shall
be held and regulated according to the by-laws of said com-
pany, and at all elections held by the stockholders of said
company each stockholder may vote personally, or by proxy,
and cast one vote for each share of ten dollars of stock
owned by him.
§ 3. The said company, when organized by the election Bridge looation.
of directors, as aforesaid, may construct and maintain a bridge
over Rock river, at any point within one mile of the inter-
section of said river with the half section line of section
twenty-nine, (29,) in township twenty (20) north, range five
(5) east of the fourth principal meridian. And the said
company may take possession of and use so much of the
bed and shores of said river, or any public highway, as may
be necessary for the proper construction, use and manage-
ment of said bridge. And in case said bridge company Right of way.
cannot obtain, by voluntary relinquishment, any lands or
real estate deemed necessary by said company to carry out
fully the provisions of this act, it shall be lawful for said
company to acquire the same as provided in the act entitled
for " An act to amend the law condemning the right of way
purposes of internal improvements," approved June 22, 1852.
§ 4. The right is hereby granted to said company to use a
ferryboat or boats, for the purpose of conveying passengers, Ferry,
wath their animals and vehicles, over said river, during the
building of said bridge, and during any time it majr be
necessary to repair or re- build the same ; for which the said
company may charge and receive the same rate of toll as
allowed by law for crossing said bridge.
§ 5. The said company are hereby authorized, after the
completion of said bridge, to place a toll-gate and toll-houses Rates of ton.
at either end thereof, where they may charge and receive the
following rates of toll for crossing said bridge, to wit: For
each vehicle, drawn by two horses or other animals, twenty-
five cents ; and for each additional horse or other animal
attached to said vehicle, five cents ; for each vehicle, drawn
by one horse or other animal, fifteen cents ; for each horse
or other animal and rider, ten cents ; for each foot passenger,
five cents ; for each head of horses, mules, asses or cattle,
204
BRIDGES.
Officers.
Borrow money.
Penalty.
not driven in a team or teams, three cents ; for each head of
swine or sheep, one cent: Provided, that double tolls may
be charged for all crossing after the hour of nine o'clock,
p. m. and before daylight in the morning.
§ 6. The directors of said corporation shall choose one
of their number to act as president of their board ; they
shall, also, choose a secretary and treasurer ; but neither of
whom shall, at the time, be one of the directors ; and that
when any certificate of stock shall be issued by said com-
pany it shall be under the seal thereof, and signed by the
president of the board, and attested by the secretary.
§ 7. The said bridge shall be deemed a public highway,
within the meaning of the laws providing for the punish-
ment of persons injuring, obstructing or destroying public
highways or bridges, in any manner whatever.
§ 8. That said company may borrow such sum or sums
of money as may by said company be deemed necessary, at
any time, to build, assist in building, or to keep in repair
such bridge ; and to secure the payment thereof said com-
pany may mortgage said bridge and the site thereof, with
the tolls, in such manner and upon such terms as they shall
provide.
§ 9. If any person or persons shall cross said bridge,
with any animal, faster than a walk, or if any person or
persons, having crossed said bridge, either on foot or other-
wise, shall refuse to pay the toll hereby authorized to be
received, he, she or they shall forfeit and pay to said com-
pany, for each and every such offense, the sum of five dol-
lars, to be recovered before any justice of the peace or other
court having jurisdiction of the same,
injury to bridge. § io. If any person or persons shall negligently or will-
fully injure said bridge, he, she or they, so offending, shall
forfeit and pay to said company treble the amount it may
cost to repair the same, with costs of suit, to be recovered
before any justice of the peace or other court having juris-
diction thereof.
§ 11. Any city, incorporated town or township, in
Whiteside county, may take stock in said bridge, and,
respectively, issue bonds therefor : Provided, that at the
annual election in such city, incorporated town or township,
a majority of the legal voters voting at such election or
meeting shall vote to take stock in said bridge, and shall
determine the amount thereof. The mayor and clerk of
any city, the president and clerk of any incorporated town,
and the supervisor and town clerk of any township, are
hereby authorized and required to execute all bonds or other
obligations, in behalf of such city, incorporated town or
township, in conformity with the vote so, respectively, had,
to secure the payment of the stock so taken by such city,
incorporated town or township.
§ 12. The stock of said corporation shall, for all purpo-
Clty or town may
take stock.
BUILDING ASSOCIATIONS. 205
ses, be considered as personal property, and, as such, may
be sold and transferred as any other personal property :
Provided, that in case of cities and incorporated towns it Proviso,
shall be managed, sold or transferred by the authority of
their respective corporate bodies ; and, in case of townships,
it shall be managed, sold or transferred by the authority of
a majority of the legal voters voting at any annual election :
Provided, further, that no sale or transfer of such stock Proviso 2.
shall be deemed valid until notice thereof shall have been
filed with the president or secretary of said bridge company.
§ 13. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
AN ACT to incorporate the Masonic Temple Association of the City of Alton. in force Feb. 10,
1865.
[Section 1.] Be it enacted by the People of the State
of Illinois, represented in the General Assembly, That M.
M. Dutro, James H. Ilibbard, Charles TV. Dimmock, lien- corporators.
ry TVatson, George Brockman, Benjamin Elble, James
Newman, Robert B. Smith, Alexander Milne, L. D. Cleave-
land, TVebb C. Quigley and Samuel V. Grossman, their asso-
ciates and successors, be and they are hereby declared a body
politic and corporate, by the name of "The Masonic Temple Name and style.
Association" of the city of Alton ; and by that name shall
have perpetual succession, and shall have power to contract Powers.
and be contracted with, sue and be sued, plead and be im-
pleaded, in all courts of law and equity of this state, and
shall have and use a common seal, and alter the same at seal,
pleasure; and, also, shall have power to make such rules By-iaws.
and by-laws, for its government, as are not inconsistent with
the laws of this state or of the United States.
§ 2. That said corporation is created for the purpose of object,
purchasing real estate in the city of Alton, and erecting
thereon a building for Masonic and other purposes.
§ 3. That the capital stock of said association shall be capital stock,
fifty thousand dollars, to be divided into shares of ten dol-
lars each.
§ 4. The corporate powers of said association shall be Directors,
vested in the twelve above named incorporators, as direc-
tors, until the] first Monday in the month of March, a. d.
eighteen hundred and sixty-six, from whom shall be chosen
a president, treasurer, and secretary, to serve for that pe-
riod, after which said powers shall be vested in a board of
twelve directors, who shall, at their first session, be divided
by lot into two classes ; one class shall continue in office for Term of office.
the space of one year, and the other class shall continue in
206 BUILDING ASSOCIATIONS.
office for the space of two years, so that one-half of said di-
Annuai election, rectors shall be elected annually thereafter; that the election
for said directors shall take place on the last Monday in the
month of February of each and every year. Ten days' pre-
vious notice of said election shall be given, by publication
thereof in one or more of the newspapers printed and pub-
lished in the city of Alton ; and annual meetings of the
stockholders of said association shall be held on that day,
for that purpose; and said election shall be conducted in
such manner as shall be provided inthe by-laws of said as-
sociation, and shall be held under the inspection of three
stockholders, who shall not be directors, to be appointed by
said directors, except those at the first, election, who shall
be appointed by the incorporators above named; that all
elections of directors shall be by ballot, and those receiving
the largest number of shares of stocks voted shall be de-
clared elected directors, allowing one vote for every share
of stock ; and stockholders not present may vote by proxy ;
Quaiiacations. but do person shall be director unless he be a member of
one of six Masonic bodies now in Alton, viz: Piasa Lodge
No. 27, Alton Lodge No. 284, Erwin Lodge No. 315, Alton
Royal Arch Chapter No. S, Alton Council J\To. 3, and Bel-
videre Command ery No. 2 ; and each of said Masonic bodies
shall have two of its members in the said board of directors.
Term of office. g 5. The directors so to be chosen shall meet on the
first Monday in the month of March, or as soon thereafter
at possible, and shall choose one of their number president,
who shall hold his office for one year, or until his successor
vacancy, how is duly chosen and qualified; and in case of the death, resig-
nation or inability to act of the president or of any direc-
tor, such vacancy shall be filled, for the remainder of the
year, by the board of directors.
Bondoftreasu'r. § 6. The board of directors of said association shall, at
their first meeting, also elect a treasurer and secretary of
said association, each of whom shall be a member of one or
the other of said above named Masonic bodies, who shall
serve for the space of one year, and until their successors
are elected and qualified. The treasurer shall give bond
and security for tiie faithful discharge of his duties, to be
approved by the said board of directors ; and the said di-
rectors shall have power to allow said treasurer and secre-
tary such compensation for their services as the said board
may think proper.
Extent of real § 7. Said association may hold real estate, not exceed-
estateheid. -^ jn vajne }ts eapifiil stock, and shall have power to sell,
lease, convey and mortgage the same, and may borrow mon-
ey and secure the payment thereof, by bond or mortgage.
§ 8. The stock of said association shall be assignable
and transferable, or may be forfeited to said association for
non-payment of assessments, according to such rules and
by-laws as may be adopted in that behalf by that association.
BUILDINO ASSOCIATIONS. 207
§ 9. Upon the organization of said association, by the certificate stock.
election of its president, treasurer, and secretary, the direc-
tors shall cause certificates of stock to be issued to the in-
corporators and others who may subscribe for the same, in
such manner as may be designated by the by-laws of said
association.
§ 10. The directors shall, semi-annually, in each and Report.
every year, on the first Mondays in January and July,
make a statement of the affairs of said association, upon
the books thereof; which shall at all times be open and sub-
ject to the examination of any stockholder, and divide the
net profits, if any there be, among the stockholders, according
to the number of shares each may possess.
§ 11. This act shall be deemed and taken as a public
act, and be in force from and after its passage.
Approved February 10, 1865.
AM" ACT to incorporate the Milton Block Association, of the town of in force Feb. 16,
Wheaton, Du Page county. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That J.
C. Wheaton, F. H. Mather, Erastus Gary, W. L. "Wheaton, corporators.
L. Pratt, Layton Collar, Daniel Kelley, J. S. Kelley, II. T.
Willson, E. Holmes, E. S. Kelley, Charles Smith, Henry
Bird, John Sutcliff, F. C. Haggeman, H. Smith, E. Holt, H.
H. Fuller, A. H. Hiatt, James West, J. O. Vallette, H. B.
Brown, John Saner, P. Parmelee, H. C. Childs, and all
such other persons as have subscribed, or may subscribe,
for stock in an association formed for the purpose of erect-
ing a block of buildings for a hotel, public halls, stores and
offices, to be known as the " Milton Block," in the town of
Wheaton, Du Page county, Illinois, are hereby constituted
and declared a body politic and corporate, by the name and
style of the '* Milton Block Association ;" and by that name Name and style,
and style may contract and be contracted with, sue and be powers.
sued, plead and be impleaded, in all courts of law and equity ;
and make and use a common seal, and may alter the same seal,
at pleasure ; may acquire, by purchase or otherwise, and hold,
such real estate and personal [property] as may be necessary,
useful and convenient, to accomplish the objects of said as-
sociation and convey the same. Said association shall have officers and then-
power to prescribe the number and duties of its officers, and dutles-
make such rules, regulations and by-laws as they may deem
proper : Provided, the same shall not be inconsistent with
the laws and constitution of this state and the United States :
Provided, that if the corporation created by this act shall
208 BUILDING ASSOCIATIONS.
not organize within one year from the passage hereof, this
act shall be null and void.
capital stock. § 2. Said corporation shall have power to erect, build
and maintain, a block of buildings in the town of Wheaton,
D u Page county, and state of Illinois; and the capital stock
of said company shall be fifteen thousand dollars; and said
company shall have power to increase the same to twenty-
live thousand dollars, which stock shall be divided into
shares of twenty-rive dollars, and such shares be considered
personal property, and may be transferred in such manner
as said corporation shall provide. The stockholders of said
company shall be entitled to one vote for each share of stock
held, respectively, by such stockholders, in all business
meetings of such stockholders.
when to organ- § 3. Whenever fifteen thousand dollars shall be sub-
scribed to the capital stock of said company, said company
may proceed to organize, make calls upon its stock, and pro-
ceed to carry out the objects of said association. Said cor-
poration shall have power to lease or rent said block, or any
portion thereof, lor a hotel, stores, offices, etc., as they may
deem proper.
Borrow money. § 4. Said corporation shall have power to borrow money,
at such rates of interest not exceeding ten per cent, per an-
num, as may be agreed upon, and to issue its bonds there-
for, and may convey, in pledge or as security therefor, the
property, real or personal, of said corporation. Said cor-
poration, by its managers or directors, shall have power to
require payment of the sums subscribed to the capital stock,
at such times and in such proportions as they shall deem fit;
and upon such notice being given of such calls for pay-
ment, as the rules adopted by said corporation may pre-
scribe, and a failure to pay the same, as required by said
stock, how for- corporation, shall have power either to forfeit the shares of
such delinquent stockholder to the company, or to sell the
same, upon such notice as the rules or by-laws of said cor-
poration may prescribe ; and the amount received upon such
sale shall be applied, first, in the discharge of whatever
amount may be due from said stockholders, by reason of
such sale, and the balance, if any shall be paid over to such
Proviso. stockholder : Provided, that if the purchaser of such stock
shall be other than said company, he shall be liable for
whatever amount of such stock shall have been uncalled for
Further proviso. at the time of such purchase : And, provided, further, that
the right of forfeiture, or of sale, above given, shall not pre-
vent said company from suing for and collecting from such
delinquent stockholder the amount due upon such calls, by
action of debt or assumpsit.
§ 5. This act shall be in force from and after its passage.
ApruovED February 16, 1865.
CANAL. 209
AN ACT to incorporate the Chicago and Mississippi Canal Company. jn force peb 15
1865.
Section 1. Be it enacted by the People of the State of Illi-
nois, represented in the General Assembly, That Thomas J.
Turner, Daniel Richards, Lester H. Robinson, Edward R. corporators.
Allen, L. S. Pennington, Charles Hoyt, Leander Smith,
Joseph Crawford, Merritt L. Joslyn, Washington Bushnell,
Edward B. Warner, Henry A. Mix, Alfred Webster, Solon
Cummings, C. B. Blair, Charles H. Deere, S, S. Mann,
John Or. Price, Richard F. Adams, Cornelius Lansing, and
James McCoy, and such other persons as may associate with
them for that purpose, are hereby made and constituted a
bod}r corporate and politic, by the name and style of " The Name and styJe-
Chicago and Mississippi Canal Company," with perpetual
succession ; and by that name and style shall be capable, in Powers.
law, of taking, purchasing, holding and possessing, selling
and conveying property, so far as the same may be neces-
sary for the purposes hereinafter mentioned, and no farther ;
and in their corporate name may sue and be sued, plead and
be impleaded, in all courts and places; have a common seal, soai.
which they may alter or renew at pleasure ; and have and
exercise all powers, rights and privileges which are or may
be necessary to carry into effect the purposes and objects of
this act.
§ 2. The said Chicago and Mississippi Canal Company Location canai.
shall have full power and authority to locate, construct,
maintain and operate a canal, from the city of Chicago, or
from any point said company may select on the Illinois and
Michigan canal, or any of its feeders, to the Mississippi
river, at or near the mouth of Rock river, with a branch,
from a point on Rock river, to the Mississippi river, above
the Rock Island rapids, and to take, transport and carry
persons and property upon said canal ; and, for the purpose Right of way.
of constructing said canal, said company shall have autho-
rity and power to lay out, designate and establish their
canal, through the entire line thereof, and may take and ap-
propriate to their use all such lands and water as may be
necessary for the construction and operation of said canal,
including dams, locks, wasteways, boat-yards, reservoirs,
tow-paths, basins, and other necessary purposes, and, also,
to overflow such lands as may unavoidably be overflowed
by reason of constructing said canal and the dams necessary
thereto; and if such land necessary to the construction of
said canal cannot be procured by purchase, gift or grant,
then said company shall have the power to condemn such
lands as may be necessary for the construction of said canal
and such lands as may be overflowed by the building of said
canal and the necessary dams and other purposes specified
in this act, under the provisions of "An act to amend the
law condemning the right of way for purposes of internal
improvement," approved June 22nd, a. d. 1852, or under
—18
•210 CANAL.
the provisions of any other law on that subject in force at
the time of condemning such lands.
capital stock. § 3. The capital stock of said company shall be three
millions of dollars; which may be increased, from time to
time, by a vote of a majority in interest of stockholders, at
their annual meeting, or at any special meeting that may be
called for that purpose by the directors of said company, to
any sum, not exceeding the entire cost of said canal ; which
stock shares. stock shall be divided into shares of one hundred dollars
each, which shall be deemed personal property, and may be
issued, certified, transferred and registered in such manner
and in such places as may be ordered and provided by the
board of directors, who shall have power to require the pay-
ment of stock subscriptions in the manner and at the times
Delinquent stock and in such sums as they may direct; and on the refusal or
neglect, on the part of stockholders or any of them, to make
payment on the requisition of the board of directors, the
shares of such delinquents may be sold at auction, after
giving thirty days' notice, under such rules as the board of
stock books. directors may adopt. The board of directors hereinafter
named shall cause books to be opened for subscription to
the capital stock of said company, at such times and places,
and in such manner as they shall direct; and as soon as one
hundred thousand dollars of bona fide subscriptions shall be
made to said capital stock it shall be lawful for said compa-
ny to commence the construction of said canal.
cities and towns § 4. The several counties, cities and towns, through or
o"f vote.6 st°ck' near which said canal passes, may subscribe for and take
stock in said corporation; but no such subscription shall be
made unless a majority of the legal voters of the county,
city or town, voting at elections held for that purpose, un-
der the order of the county court or the corporate authori-
ties of cities and towns, shall vote in favor of such subscrip-
tions.
Directors, and s 5# All the corporate powers of said company shall be
powers *• * ■ »
vested in and exercised by a board of directors, to consist ot
not less than seven nor more than fifteen in number, and
Firstboardofdi- such other officers and agents as they shall appoint. The
first board of directors shall consist of Solon Cummings,
Leander Smith, Edward K. Allen, Henry A. Mix, Cornelius
Lansing, Daniel Richards, and Thomas J. Turner, who shall
hold their offices until their successors are elected and quali-
Annuai election, fied. Annual elections shall be held on the first Monday of
January in every year, but a failure to hold the annual elec-
tion at the time aforesaid, shall not work a forfeiture of this
charter or of any of the rights and privileges herein granted ;
and in all cases the existing board of directors shall hold
their offices until their successors are elected and qualified ;
the board of directors shall fix the place of holding elec-
tions, and shall give thirty days' notice thereof, in one or
more newspapers — published on the line of said canal. Ya-
CANAL. 211
cancies in the board may be filled by vote of two-thirds of vacancy in bo'rd
the directors remaining, and the persons so elected, by the
board, shall hold their offices until the next annual election,
and until their successors are elected and qualified.
§ 6. At all elections held for directors, each share of Elections.
capital stock shall entitle the holder thereof to one vote,
which may be given either in person or by proxy, and the
person receiving the highest number of votes shall be de-
clared duly elected. All elections for directors shall be con-
ducted by three judges, who shall be selected by the stock-
holders present.
§ 7. The directors herein named are required to organ- omcers.
ize the board, by electing one of their number president,
and by appointing a secretary and treasurer; and every new
board shall immediately after their election, elect one of their
number president, and appoint a secretary, treasurer and
such other officers and agents as may be required by the by-
laws of said company.
§ 8. Said company shall have power to make, ordain, By-iaws.
establish, and execute all such by-laws, rules and regula-
tions, not inconsistent with the constitution and laws of the
United States, and of this state, as they may deem expedi-
ent to fulfill the purposes, and carry into effect the provisions
of this act, and for the well ordering and securing the affairs,
business and interests of said company.
§ 9. Said company shall have power to construct, con-
tract for, purchase, place and operate on said canal, all such
boats and other machinery as may be necessary for the most
successful operation of the business, on said canal, and to
purchase such number of horses, mules and other property,
as may be necessary and proper for the purposes aforesaid,
and to sell the same.
§ 10. The said company shall have the power to fix, Toils,
regulate, receive, and recover such compensation,, tolls and
charges for the transportation of property and persons on
said canal, as shall, from time to time, be agreed upon by
the board of directors, or by the by-laws of said company.
§11. The said board of directors shall have the power size of canal.
to fix the width and depth of said canal, and may enlarge
and deepen the same at pleasure ; but said canal shall in tne
first instance be constructed with sufficient capacity of depth
and width for the safe passage of canal boats of ordinary
size and dimensions.
§ 12. Said company shall have the power to use as Dams and locks,
much of any or all streams of water, on the line of said
canal for slack-water navigation, as they may deem proper,
and for that purpose, to build such dams and locks as may
be necessary to create such slack-water, and if any naviga-
ble stream is so used for the purposes aforesaid, the said com-
pany shall cause to be constructed and kept in repair, such
212 CANAL.
locks as may be necessary for the purposes of navigation on
such streams.
Cro sing streams § 13. Whenever it shall be necessary for the construc-
tion of said canal to intersect or cross the track of any rail-
road, or any stream of water, or road or highway, lying on
or across the route of said canal, it shall be lawful for
the company to construct their canal across, under or upon
the same, but the said company shall restore the railroad,
stream of water, road or highway, thus intersected or
crossed, to its former state, or in a sufficient manner, so as
not materially to impair its usefulness.
Ammai dividend g ;y. fpjie ,sa^ company shall, annually, or semi-annu-
ally, make such dividends as they may deem proper, of the
net profits, receipts or income of said company, amongst the
stockholders therein, in proper proportion to their respective
shares.
junction with § »■§■• r£\1Q ga;(] company shall have the power to unite
111. and Mich. . 'J . . . i " , -. r. , . l , ,
anai. its canal with the Illinois and Michigan canal, upon such
terms as may be agreed upon, or it may make such con-
tracts with the Illinois and Michigan canal, as may be agreed
upon for the transportation of the boats and other property
of said company. And if a union cannot be effected with
said Illinois and Michigan canal, or a contract for the trans-
portation of the boats and other property of said company,
upon said Illinois and Michigan canal, then said Illinois and
Michigan canal shall carry the freights, property, merchan-
dise and persons transported, on the canal of said company,
itates of toil. for the same, or no higher rates of tolls and fares as are
charged for the transportation of similar freights on property,
merchandise, and persons for other parties.
Sfrui"ntsforwai°df § 16. Said company shall have the power to enter into
contracts with any steamboat company, or packet com-
pany, on the Mississippi river, to carry freights, persons,
merchandise and property, in connection with said steam-
boat company, or packet company, and to construct, build,
purchase, run and navigate steamboats, or other vessels, on
the Mississippi river, in connection with said canal, under
lawful trade regulations.
Borrow money. § iy <-p}ie ga^ Chicago and Mississippi Canal Company
are hereby authorized to borrow money, from time to time,
on the credit of said company, for such legal rates of interest
as may be agreed upon between the parties, for the purpose
of constructing said canal, and. furnishing the same with
boats and other machinery, but for no other purpose, and
issue bonds. may issue its corporate bonds therefor ; and to secure the
repayment thereof, with interest, may mortgage said canal
aud the franchises and income of said company ; and they
may, by their president or other officers, sell, hypothecate
and dispose of the said bonds or the stocks of said company,
at such times and places and at such rates as will, in their
opinion, best advance the interests of said company; and
CANAL CEMETERIES. 113
the said company are hereby authorized to confer upon the
holder of any bond, issued as aforesaid, the right to convert
the principal thereof at any time unpaid, into the stock of
the said company.
§ 18. The said company, their officers, agents or work- Eight of way.
men, are hereby authorized and empowered to enter into
and upon the lands belonging to this state, or to any person
or persons, bodies corporate or politic, and survey or take
levels of the same, or any part thereof, and to make out and
ascertain such parts as shall be necessary for the purposes
of constructing the said canal, and for all purposes connected
with said canal, which lands, as marked out and designated,
may be acquired by said company, by purchase, gift, or
grant, or may be condemned in the manner prescribed in
this act.
§ 10. This act shall be deemed and taken as a public'
act, and shall be construed liberally for all purposes therein
specified, and shall take effect and be in force from and after
its passage.
Appkoved February 15, 1865.
AX ACT to incorporate the Aurora Cemetery Company. In force Feb. 13,
1S65.
Section 1. Be it emoted by the People of the State of
Illinois, represented in the General Assembly, That Edward
R. Allen, William H. Hawkins, James G. Barr, Delos Y7". corporators.
Young, Lorenzo D. Brady, Win. H. Miller, John H.
Thompson, Charles C. Earle, Ira A. W. Buck, Isaac M.
Howell, John H. Pease, Austin Mann, Eichard G. Mon-
tony, John S. Havrley, and such others as may become
subscribers, as hereinafter provided, and who shall have
paid in twenty-five per cent, of their subscriptions, and own-
ers of lots in said cemetery, be and they are hereby created
: » body; poll tic and corporate, in fact and in name, by the
style and title of the " Aurora Cemetery Company," and by Name of ceme
that name shall have perpetual .succession, and be capable
of suing and being sued, of contracting and-being contracted Powers.
with, of pleading and being, impleaded, in any court of law
or equity in the state'of Illinois; and they and their succes-
' sors may have a common seal, and make and alter the same seal,
at pleasure, and do such other things as are incidental to
a corporation, and not inconsistent with the constitution of
the state of Illinois : Provided, the owners of lots, or any Proviso.
part or parts of a lot, as such lot owners, shall not have the
right to vote in any election of officers until all of the in-
debtedness of the said company shall have been fully paid ;
and when the whole indebtedness shall have been paid, then
*
214 CEMETERIES.
Corporators to the owners of a lot, or lots, in said cemetery, shall become
sole corporators, and such corporators shall be entitled to one
vote in the election of officers of said corporation, and no
more.
officers and § 2. The officers of said corporation shall be a president
ana nve directors, a secretary and treasurer, which said
officers shall be 01103011 every three years, by ballot, and
shall hold their respective offices for said term of three years,
and until their successors shall have been chosen and quali-
fied ; said president and directors shall constitute a "Board
of Directors of the Aurora Cemetery Company." In case
a vacancy in any ofsaid offices shall be occasioned by the
death, resignation, or removal from the city of Aurora, or
otherwise of the incumbent, before the three years shall
have expired for which he shall have been chosen, then
vacancy, haw such vacant office may be filled by appointment by the board
Proviso. of directors: Provided, no person shall be qualified to hold
any of said offices who shall not reside in said city, and who
shall not be a corporator and entitled to vote. A majority
of the board of directors shall constitute a quorum to do
business.
First election. § 3. The first election of said officers shall be held at
such convenient time and place, within one year alter the
passage hereof, by the above persons, whose names are
mentioned in the first section of this act, on due notice
thereof having been given in writing to each of them, by
Bondoftreas. two of their number. The treasurer shall give bond to the
corporation, in such penal sum, and conditioned in such
terms, and with such security as the board of directors shall
direct.
Povm-s of board. § 4. The said board of directors shall have power to re-
ceive subscriptions for the purchase of property, and the
laying out and ornamenting of grounds, for cemetery pur-
poses, as contemplated in this act, and may issue certificates,
or other evidences, representing the amount of money paid
in by the subscribers, payable within ten years after their
dates, with interest at ten per cent, per annum, payable an-
caiis on stock, iuially ; and said board of directors shall have authority to
call in, and demand from the subscribers, respectively, such
portions of the sums of money by them subscribed, at such
times as they may deem proper, and compel the payment
thereof, by proper suits at law or in equity.
Hold real estate. § 5_ g^id board of directors*and their successors in office
shall have power and authority, in the name of the said
company, to obtain possession of real estate and title thereto,
by purchase, exchange, or otherwise, for cemetery purposes,
in the township of Aurora, Kane county, Illinois, to hold
the same, to an amount at no time exceeding one hundred
sen or exchange acres ; and to sell, exchange, or dispose of any part or par-
cels of land, that said board may be compelled to purchase,
in order to obtain such grounds as may not be actually
needed for burial purposes.
CEMETERIES. 215
§ 6. Said board of directors, and their successors, shall piat of cemetery
have authority to lay out and ornament, for cemetery pur- a
poses, such grounds as they may require, as aforesaid, to
make, and have recorded in the recorder's office of Kane
county, a plat of such grounds, and of such additions there-
unto, as they may make at any time, and the filing of such
a plat for record shall operate as a legal vacation of any for-
mer plat, or subdivision of the same, and of any roads,
streets or alleys passing through the same ; also, to erect
such buildings, tombs, inclosures, or other structures, as
they may deem advisable ; to arrange and dispose of burial
lots, on such terms, and with such conditions for the perma-
nent care and preservation of the cemetery, or any part
thereof, as they may agree with such purchasers ; to appoint officers anj
such additional officers and agents, to those herein indicated,
as they may deem necessary for the management of the con-
cerns of the corporation ; to make such by-laws and regula-
tions, relative to the elections of officers and agents, of said
corporation, and of their respective duties and compensa-
tions, and to make such rules and regulations, from time to
time, for the government of lot holders and visitors to the
cemetery, as they may deem necessary.
§ 7. All lots sold" for burial purposes by said cemetery Lots not taxable
company, when conveyed by the corporation to individual
proprietors, shall be indivisible, but may be held and owned
in undivided shares, and shall be free from taxation, execu-
tion and attachment: Provided, that no one person shall Proviso,
hold, at any one time, more than four lots so exempted, and
all estate, real or personal, held by the company, actually
used by the corporation for burial purposes, or for the gen-
eral uses of lot holders, or subservient to burial uses,
(and which real estate shall have been platted and recorded
as cemetery grounds,) shall be likewise exempt as above.
§ 8. EvTery lot sold by the cemetery company, for burial Transfer onots.
purposes, shall be held by the proprietors, for the purpose
of sepulture only, and shall be transferable only by the
consent of the board of directors ; and no lot holder shall
permit interments in or upon any lot held by him for a con-
sideration.
§ 9. The said corporation may take and hold any grant,
donation or bequest of property, real or personal, upon
trust, to apply the same, or the income thereof, under the
direction of the board of directors, for the improvement or
embellishment of the said cemetery, or for the erection, re-
pair, preservation or renewal of any tomb, monument, or
gravestone, fence, railing, or other erection, or for the plant- •
ing and cultivation of trees, shrubs, flowers or plants, in or
around any cemetery lot, or for improving the said premi-
ses in any other manner or form, consistent with the design
and purposes of this act, according to the terms of such
grant, donation or bequest.
216 CEMETERIES.
no road through ^ 10. ISTo roads or streets, or other thoroughfare, shall
14 be laid out through any property selected and held by said
cemetery company for burial purposes, without the consent
of the board of directors, nor shall any of the lands so se-
lected and held be condemned for right of way by any other
Proviso. corporation, for any purposes whatever : Provided, that this
section shall only apply to such lands as shall have been
platted and recorded, as provided for in section six (G) of
this act.
wnifui mischief, 8 H. Any person who shall willfully destroy, mutilate,
how punished. j ?■ • • i L
detace, injure, or remove any tomb, monument, gravestone,
or other structure, placed within the inclosure of said ceme-
tery company, or any fence, railing, or other work, erected
for the protection or ornament of said cemetery, or any
tomb, monument, gravestone, or other structure, placed
therein as aforesaid, or shall willfully destroy, cut, break,
injure, or remove, any tree, shrub, plant, or any part thereof,
within the limits of said cemetery, or shall shoot or discharge
any gun, or other fire-iirms, or any tire-works, or other mis-
sile, capable of doing any injury to any structure or plant, as
aforesaid, within the limits of said cemetery aforesaid, shall
be deemed guilty of a misdemeanor, and shall, upon con-
viction thereof before any justice of the peace, be " punished
by a fine of not less than five, nor more than one hundred
dollars ; or upon conviction thereof, before any other court
of competent jurisdiction, shall be punished by a line as
aforesaid, or by imprisonment for a term not exceeding one
year, or both, at the discretion of the court having jurisdic-
tion thereof, according to the nature and aggravation of the
Action of ties- offense ; and such offender shall also be liable in an action
brougi ™ay >e of trespass, to be brought against him in any court of com-
petent jurisdiction, in the name of said company, to pay all
such damages as shall have been occasioned by his unlawful
act or acts, which money, when recovered, shall be applied by
said corporation, under the direction of the board of direct-
ors thereof, to the reparation and restoration of the property
destroyed or injured as above ; and members of the said cor-
offenders arrest- poration shall be competent witnesses on such suits : and to
ed without pro- 1111 .-, ■r. P -, ..,.•>.
cess. enable the said corporation to eniorce the provisions ot this
section ,»power and authority are hereby given to the super-
intendent and gate-keeper of the said corporation for the
time being, respectively, to arrest, without process, any per-
son or persons, who, to their knowledge, may have com-
mitted any offense against the provisions of this section,
and shall carry such offender or offenders before a justice of
Proviso. thg peace for trial or examination : Provided, this section
shall extend to all persons under the age of ten years, as
well as above.
Pho°weaJpiied!le3 § 12- That the proceeds of sales of lots shall be applied
to the payment of the debts of the corporation, to laying out,
improving, ornamenting the burial grounds of said corpor-
CEMETERIES. 217
ation, and to the payment of such other indebtedness, liabili-
ties, or charges, as shall be incurred by the corporation in
carrying out the purposes of this act, and to no other what-
ever : Provided^ that the board of directors shall have power, Proviso,
and it is hereby made their duty, to invest any surplus
funds, after the payment of the indebtedness of the corpor-
ation, until they shall need them for the purposes aforesaid,
in such bonds of the United States, of this state, or of the
city of Aurora, as they shall deem most to the benefit, ad-
vantage and security of the funds, so invested to this com-
pany, so that the interest of such investment may go to in-
crease the cemetery fund, which shall always be kept and
applied to the purposes of this act, as aforesaid, and no other.
| 13. This act shall be taken and read in all courts as a
public act, and this act shall take effect from and after its
passage.
Approved February 13, 1SG5.
AN ACT to incorporate the Des Pla'mes Cemetery Association. In force Feb. 16,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented In the General Assembly, That Ga-
briel Noel, Charles Lara way, Christopher Hildebrant, W. corporators.
H. Zarley, and Abraham Noel, and their associates and
successors, be and they are hereby created a body corporate
and politic, by the name and' style of aDes Plaines Cemete- Name and style.
ry Association," in the town of Joliet, in the county of Will,
and state of Illinois ; and by that name and style to have
perpetual succession, and to have all powers, rights, liabili-
ties and immunities incident to a corporate body.
§ 2. That the officers of said association shall consist of Five directors,
five directors, and that the said Gabriel Noel, Charles Lara-
way, Christopher Hildebrant, "W. H. Zarley, and Abraham
Noel, shall be such directors until the election for directors,
to be held on the fourth Monday of March, a. d. 1869, and
every four years thereafter. Said directors shall choose one officers,
of their number president, and another secretary and trea-
surer. A bond with security, may be taken of the latter.
§ 3. At all elections of said association, two of said direc- judges of elec-
tors shall act as judges, and a third as clerk ; and every
person having title to a lot in the cemetery shall be entitled
to vote by ballot. When a vacancy shall occur in the board vacancy, how
of directors, the remaining director or directors shall fill
such vacancy, by appointment, until the next regular elec-
tion.
§ 4. Said board of directors shall have power to pur- Powers,
chase or receive by grant, or otherwise, and hold lands, not
tilS CEMETERIES.
exceeding twenty acres, for a cemetery, and to lay out the
same into lots, suitable for the burial of the dead, and to
sell and convey the same, by certificate of purchase, signed
by the president of the board and attested by the secretary;
and the purchasers of said lots, their heirs and assigns, shall
use them for burial purposes only.
§ 5. The proceeds arising from the sale of said lots shall
be applied, by said directors, in making such improvement
upon said cemetery as they shall think necessary and ap-
propriate.
Bylaws. § 6. Said directors shall have power to establish by-
laws for the government of the cemetery, and shall cause to
be kept a book, containing a complete record of their meet-
ings, orders, purchases and sales of property, and a registry
of the burials, which shall be open for the inspection of
members.
Ptaxabi^ not § 7. AH the property and effects of this association to
be exempt from taxation.
Tax for repairs. § 8. Said board of directors shall have power, at any
time, to levy and assess upon members of the associar-
tion a tax sufficient to maintain and preserve said cemetery
and its inclosure in good order and repair, appropriating the
same in accordance with the interests of such members in the
cemetery ground.
Kne for damage. § 9. Any person who shall destroy, mutilate, deface,
injure or remove any tomb, monument, grave-stone, placed
within the inclosure of said cemetery, or any fence, railing,
or other work erected for the protection of the same, with-
out the consent of the directors, shall be fined not less than
five dollars nor more than one hundred dollars, by any
court of competent jurisdiction, and be liable fur civil action
for damages, besides ; and, in the event of non-payment of
the fines mentioned, shall be imprisoned in the county jail
not less than twenty days, and not more than one hundred
days.
§ 10. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to incorporate the Elmwood Cemetery Company.
1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That James S.
corporators. Waterman, Carlos Lattin, William J. Hunt, William
Loomis, Norman Beckly, James IT. Beveridge, Edwin T.
Hunt, l)aniel B. James, Alonzo Ellwood, John C. Water-
CEMETERIES.
219
man, Aaron K. Styles, Jesse C. Kellogg, James Harrington,
Keuben Ellwood, Thomas "Woolsey, Eos well Dow, J. H.
Eogers, Henry L. Eoiles, Charles Kellum, Horatio James,
A. w". Sawyer, Harry A. Joslyn, and such others as they
may hereafter associate with themselves, be and they are
hereby created a body politic and corporate, in fact and in
name, by the style and title of the "Elmwood Cemetery Nameandi
Company;" and by that name shall have perpetual succession,
and be capable of suing and of being sued, of contracting and Powers.
being contracted with, of pleading and of being impleaded,
in any court of law or equity in the state of Illinois ; and
they and their successors may have a common seal, and Seal-
make and alter the same at pleasure ; and do such other
things as are incident to a corporation, and not inconsistent
with the constitution of the state of Illinois.
• § 2. The persons above named shall meet at Sycamore, '''.;' J ■'_[''' '
DeKalb county, on the first Monday in April, a. d. 1865, a
majority of whom shall constitute a quorum, and select live
of their number, who shad be the first board of managers of
the said Elmwood Cemetery Company; and shall have
power to receive subscriptions for the purchase of property
and the laying out and ornamenting of grounds for ceme-
tery purposes, as contemplated by this act, and may issue
certificates, representing the interests of subscribers in the
property held by the company and in the proceeds of the
sale of burial lots ; and the individual interests represented stock assignable.
by such certificates shall be assignable and transferable, only
in such wTay as the managers, for the time being, may, from
time to time, direct ; and such, individual interests are hereby
declared to be personal estate ; and the said managers shall
have authority to call in and demand of the subscribers, re-
spectively, such sums of money, by them subscribed, at such
times and in such payments, or installments, as they shall
deem proper, and to compel the payment of installments so
demanded, by forfeiture of the interest of any subscriber re- v°^me of
fusing to pay such installments so demanded, or by the
sale by them of such part of his or her interest as may be
necessary to pay such installments; and it shall be lawful
for the said managers to receive, at their option, such real
estate or personal property, at an equitable valuation, in
payment of subscriptions, as they may deem available for
the purposes of the company ; and no subscriber shall be
liable for the debts of the company, in a greater amount
than the interest actually owned by him at any time.
§ 3. The neglect or omission to meet at the time above
herein designated, by the members of said company, to
select managers, according to the provisions of this act, shall
not work a forfeiture of the charter of said company.
§ 4. The said managers of the said company, and their noia real estate,
successors, shall have power and authority, in the name of
the said company, to obtain possession and title of real es-
220 CEMETERIES.
tate, by purchase, gift or otherwise, for cemetery purposes,
Extent. in ihe county of DeKalb, and state of Illinois; to hold the
same, to an amount at no time to exceed one hundred and
sixty (160) acres; and to sell, exchange, or dispose of any
part or parcel of land that they may be compelled to pur-
chase, in order to obtain such grounds, as may not be actu-
ally needed for burial purposes.
Layout group. j s. g 5. The said managers, and their successors, shall have
authority to lay out and ornament, for cemetery purposes,
such grounds as they may acquire, as aforesaid; to make
and have recorded in the recorder's office of said DeKalb
county a plat of such grounds, and of such additions thereunto
as they may make, at any time; and the filing of such a plat
for record shall operate as a legal vacation of any former
plat or subdivision of the same, and of any roads, streets or
alleys, passing through the same ; also, to erect such build-
ings, tombs, inclosures or other structures, as they may
deem advisable ; .to arrange and dispose of burial lots, on
such terms and with such conditions for the permanent care
and preservation of the cemetery, or any part thereof, as
By-iaws. they may agree upon with purchasers; to make such by-
laws and regulations, relative to the election and duties of
managers and their successors, the appointment of officers
and agents, and their several duties and compensations, and
to make such rules and regulations, from time to time, for
the government of lot holders and visitors to the cemetery,
as they may deem necessary.
§ 6. All lots sold for burial purposes by said cemetery
company, when conveyed by the corporation to individual
proprietors, shall be indivisible, but may be held and owned
in undivided shares, and shall be free from taxation and
from execution and attachment: Provided, that no one
person shall hold, at any one time, more than four lots so
exempted ; and all estate, real or personal, held by the com-
pany, actually used by the corporation for burial purposes
or for the general uses of lot- holders, or subservient to burial
uses, and which shall have been platted and recorded as
cemetery grounds, shall be likewise exempt as above.
§ 7. Every lot sold by the cemetery company, for burial
purposes, shall be held by the proprietors, for the purpose
of sepulture only, and shall be transferable only by the con-
sent of the managers ; and no lot-holder shall permit inter-
ment in or upon any lot held by him, for a consideration.
Donations ana s g. The said corporation may take and hold any grant,
bequests. - ° I J \
donation, or bequest ot property, real or personal, upon
trust, to apply the same, or the income thereof, under the
direction of the board of managers, for the improvement or
embellishment of the said cemetery, or for the erection,
repair, preservation or renewal of any tomb, monument,
or gravestone, fence, railing, or other erection, or for the
planting and culth ation of trees, shrubs, flowers or plants,
Lots free from
tax.
CEMETERIES. 221
in or around any cemetery lot, or for improving the said
premises, in any other manner or form consistent with the
design and purposes of this act, according to the terms of
such grant, donation or bequest.
§ 9. If any person shall clandestinely open any tomb or Mischief, how
grave, in the 'inclosure of the "Elmwood Cemetery Com- pums
pany," and shall remove or attempt to remove any body or
remains therefrom, such person, upon conviction thereof,
in any court of competent jurisdiction, shall be sentenced to
undergo an imprisonment in the state prison, at hard labor,
for a term of not less than six months or more than one year,
or pay a fine of not less than one hundred or more than
five hundred dollars, or both, in the discretion of the court
having the jurisdiction thereof; and any person who shall
willfully destroy, mutilate, deface, injure or remove any
tomb, monument, gravestone or other structure, placed
within the inclosure of said cemetery company, or any fence,
railing or other work, erected for the protection or orna-
ment of said cemetery, or any tomb, monument, gravestone
or other structure, placed therein, as aforesaid, or shall will-
fully destroy, cut, break, injure, or remove any tree, shrub,
plant or any part thereof, within the limits of said cemetery,
or shall shoot or discharge any gun, or any firearms, or
any fireworks or other missile, capable of doing any injury to
any structure or plant, as aforesaid, within the limits of said
cemetery, aforesaid, shall be deemed guilty of a misde-
meanor, and shall, upon conviction thereof, before any jus-
tice of the peace, be punished by a fine of not less than five
nor more than one hundred dollars, or, upon conviction
thereof, before any other court of competent jurisdiction,
shall be punished by a fine as aforesaid, or by imprisonment Fine and impris-
for a term not exceeding one year, or both, at the discretion onment-
of the court having jurisdiction thereof, according to the
nature and aggravation of the offence ; and such offender
shall, also, be liable in an action of trespass, to be brought
against him in any court of competent jurisdiction, in the
name of said company, to pay all such damages as shall' have
been occasioned by his unlawful act or acts; which money,
when recovered, shall be applied by the said corporation,
under the direction of the board of managers thereof, to the
reparation and restoration of the property destroyed or in-
jured, as above; and members of the said corporation' shall witness on trial
be competent witnesses on the trial of such suits ; and, to
enable the said corporation to enforce the provisions of this
section, power and authority are hereby given to the super-
intendent and gatekeeper of the said corporation, for the
time being, respectively, to arrest, without process, any
person or persons who, to their knowledge, may have com-
mitted any offence against the provisions of this section, and
shall carry such offender or offenders before a justice of the
peace, for trial or examination.
00,0
CEMETERIES.
No roads
consent
Transfer
mains.
without § 10. No roads, or streets, or other thoroughfare, shall
be laid out through any property selected and held by said
cemetery company, for burial purposes, without consent of
the managers of said company ; nor shall any of the lands
so selected and held be condemned for right of way, by any
other corporation, for any purpose whatever: Provided,
that this section shall only apply to such lands as shall have
been platted and recorded, as provided for in section four (4)
of this act.
of re- § 11. The managers of said cemetery company are hereby
authorized and empowered, at the expense of said, com-
pany, to cause to be removed to and properly interred in
said cemetery grounds, the bodies and remains of all who
are buried in the two cemeteries situated in and adjoining
the village of Sycamore, in said DeKalb county, one being
on the west side of the street, near the residence of Edwin
T. Hunt, and the other in the easterly part of the village,
adjoining land of Jesse C. Kellogg, and to remove and prop-
erly set up all gravestones, monuments and appendages,
now or that may be in the old cemeteries at the time of such
removal ; and said cemeteries, respectively, upon the remo-
val of said remains, as aforesaid, shall by virtue of this act
be vacated, and the lands be vested in the corporate town of
Sycamore.
§ 13. This act shall take effect from and after its pas-
sage.
Apt-roved February 16, 1865.
In force Feb. 10, AN ACT to amend an act entitled "an act to incorporate the Graceland
K>* Cemetery Company," approved February 22, 1861, and to incorporate the
Trustees of the Graceland Cemetery Improvement Fund.
Reserved fund.
Corporators.
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board of managers of said Graceland Cemetery Company
are hereby authorized and required, out of the proceeds of
all lots sold and disposed of by them, for burial purposes, on
and after the first day of January, 1865, to set apart ten per
cent, thereof as a reserved fund, to be, from time to time,
by them paid over to the treasurer of the board of trustees
hereinafter named, and to be kept and used by them a8
hereinafter provided.
§ 2. That Luther Haven, William Blair, J/W. McGin-
nis, Daniel Thompson, Marcus C. Stearns, E. W. Blatch-
ford, James H. Bowen, Erastus S. Williams, Yan H. Hig-
gins, George C. Walker, Hiram Wheeler, and Samuel
Howe, and their successors in office, to be elected in the
manner hereinafter named, be and they are hereby consti-
CEMETERIES. 223
tnted a body politic and corporate, in fact and in name, un-
der the style and title of the ''Trustees of the Graceland Name ami style.
Cemetery Improvement Fund ;" and by that name shall have
perpetual succession, and be capable of contracting and be- Powers,
ing contracted with, suing and being sued, and of pleading
and being impleaded in any court of law or equity, in the
state of Illinois ; and they and their successors may have a seal,
common seal, and make and alter the same at pleasure ; and
may do all such other things as are incident to a corporation,
and not inconsistent with the constitution and laws of the
state of Illinois.
§ 3. Said trustees, at their first meeting, shall elect a Election of ora.
president, vice president, secretary, and treasurer, from
among their number, who shall hold their offices for one
year and until their successors shall be elected and qualified ;
and, in case of vacancy in any of said offices, from any
cause, the same may be filled, at any time, by vote, a ma-
jority of the whole number of trustees capable of voting
being necessary to a valid election.
§ 4. Said trustees may, from time to time, make and BTla^5-
adopt such by-laws, rules and regulations as may be needful
for the proper performance of their duties and the regula-
tion and management of the affairs of their trust, not con-
trary to law or inconsistent with this act.
§ 5. In case of vacancy in said board of trustees, from v^anoy, uott
any cause, the secretary shall immediately call a meeting of
the lot owners of the Graceland Cemetery, by giving at
least ten days' notice in one of the daily papers pub-
lished in the city of Chicago, of the time and place of such
meeting ; and the lot owners, assembled in pursuance of
such notice, there being present not less than five, may im-
mediately proceed to an election to fill such vacancy ; but no
person shall be elected a trustee who is not the owner or
holder of a lot in said cemetery.
§ 6. Said trustees shall have power and authority, from T° receive re-
time to time, to demand and receive from the Graceland
Cemetery Company the ten per cent, reserved fund pro-
vided for in the first section of this act, and also any other
moneys which shall be or have been set apart by said com-
pany for the uses and purposes contemplated and provided
for in this act ; and, for that purpose, at least once in three
months, may demand from said company a statement of the
amount and payment to them of any moneys in their hands
belonging or accruing to said fund, and may prosecute any
suits at law or in equity which may be necessary to preserve
or recover said fund, and in case of failure on the part of
said company to pay over or acconntfor any moneys belonging
to said fund, on demand, or within a reasonable time, they
may be restrained or enjoined from otherwise disposing of
the same, and from selling or disposing of any lots or
224:
CEMETEKfES.
Investment
funds.
Special fund.
Grants and do-
nations.
When trustees to
exercise right.
grounds belonging to them, until such moneys shall be paid
over or accounted for.
§ 7. It shall be the duty of said trustees to invest the
moneys received by them, as hereinbefore provided, in such
securities and upon such terms as to them shall seem best,
but in no case shall they be loaned upon personal or indi-
vidual security alone, until the amount so invested shall reach
the sum of fifty thousand dollars ; which sum shall not, at
any time, be diminished, or if at any time diminished by
loss or depreciation oi securities the same shall be immedi-
ately made good from any other funds coming into the hands
of said trustees; and which said sum of fifty thousand dol-
lars shall be and remain a permanent fund, for the purposes
hereinafter named.
§ 8. The income accruing from investments of the
moneys appropriated to said permanent fund, together with
any excess of moneys beyond the amount of fifty thousand
dollars, to which said fund is limited, growing out of the
ten per cent, reserved fund, hereinbefore named, shall consti-
tute a special fund, which shall be, from time to time, used
and applied, under the direction of said trustees, in the im-
provement, ornamentation, preservation and maintenance
of the grounds, walks, shrubberies, inclosures, structures,
monuments, and memorials, and any and all other things in
and about said cemetery, which do now or may hereafter
appertain to the same or belong to said Graceland Cemetery
Company, so that the same may be properly kept, adorned
and preserved, and said grounds be and continue as ceme-
tery grounds forever.
§ 9. Said trustees may receive and hold any grant,
donation or bequest of property, upon trust, to apply the
same, or the income thereof, to the improvement or embel-
lishment of the said cemetery, or any particular lot or lots
therein, or fur the erection, repairing, preservation, renewal,
or ornamentation of any tomb, monument, gravestone,
fence, railing, or any other erection therein, or to be used in
any other manner or form, consistent with the design and
purpose of this act, and according to the terms of such grant,
donation or bequest.
§ 10. In case the said Graceland Cemetery Company
shall, at any time, abandon the grounds now held by them,
and any such others as may hereafter be acquired by them
for cemetery purposes, and shall cease to exercise the need-
ful care, superintendence, management and preservation of
the inclosures, improvements and structures upon and be-
longing to the same, then the rights, privileges and fran-
chises of said company shall and may be assumed, held and
exercised by said trustees, to all the intents and purposes
for which the same are now held and exercised b}7 said com-
pany, but without detriment to the rights, powers and privi-
leges conferred upon them by this act.
CEMETEKIES. 225
§ 11. This act shall take effect from and after its pas-
sage, the general assembly reserving the power to alter or
amend the same, at any time.
Approved February 16, 1865.
AJsT ACT to incorporate the Faxtou Cemetery Association. In force April 18
1365.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry
Barnhouse, Jonas Randolph, Wheeler Bentley, John P. Day corporators.
and William Lloyd Carter, and their associates, in the vil-
lage of Paxton and vicinity, in the county of Ford, and
state of Illinois, and their successors, be and they are hereby
constituted a body corporate and politic, by the name and
style of " The Paxton Cemetery Association ; " and by that Name and style.
name shall have perpetual succession, and all the powers,
rights, privileges and immunities incident to a corporate
body.
§ 2. Said association shall have power to hold real Hold real estate,
estate, not exceeding ten acres, which shall be exempt from
taxation, and also from attachment and execution.
§ 3. The object of said association shall be, exclusively, object of comPa-
to lay out, inclose, ornament and keep in repair a plot or ny°
piece of ground, not exceeding ten acres, as aforesaid, to be
used as a burial place for the dead.
§ 4. Said association shall have power to lay out the L°ts fco >>e sold.
burial place into lots, of suitable size for family burial de-
partments, and sell the same — the purchaser of any lot
using the same for the burial of the dead, and for no other
purposes whatever.
§ 5. The proceeds of any sale, and any other funds Funds, how ap-
which may come into the possession of the association, shall plle(L
be appropriated and used in purchasing and laying out the
grounds, and in improving and ornamenting the same, or
in other objects connected with the corporation.
§ 6. The officers of the association shall consist of a officers,
president, who shall also act as treasurer, and four trustees,
who shall hold their offices for two years, and until their
successors are elected. The election for officers shall be
held on the third Monday in February, biennially; but any
failure to elect officers at the proper time shall not operate
as a forfeiture of this act of incorporation.
§ 7. Every member holding one or more lots shall be a who may vote.
member, and entitled to one vote only — absent members
being entitled to vote by proxy.
§ 8. The right of possession of property to any lot or certificate of
lots which may be sold by said association, shall be vested Purchase-
—19
220 CEMETERIES.
in the purchaser, by a certificate of purchase, signed by the
president and countersigned by the secretary, and shall be
recorded in a book kept for that purpose ; and every trans-
fer of such certificate shall be made by surrendering the
same to the secretary, who shall then issue a new certificate,
and cancel the former one.
By-laws. § 9. The said corporation shall have power to establish
and change by-laws and prescribe rules and regulations for
the government of said association and its officers ; shall
have power to assess the owners of lots such sums as may
be necessary to keep the fence or walls of said cemetery in
repair, and other purposes connected with the association.
Election of offi- § 10. It shall be the duty of the secretary, on order of
the president or two of the trustees, or any five of the
members, to call a meeting of the association, for the choice
of officers, if not elected at the biennial election, or to fill
vacancies, or for the transaction of any other business au-
thorized by this act, by giving live days1 public notice
thereof.
sexton, and pay. g nm It shall be the duty of the trustees to have the
general management and superintendence of the cemetery,
appoint a sexton, and fix upon his compensation.
Record of meet- § 12. Said trustees shall cause to be kept and preserved
in a book or books, provided by them for that purpose, a
full and complete record of all their meetings, orders, pur-
chases.and sales of property, with the names of the parties
thereto ; also, a complete register of the burials in said
cemetery; which book of record shall at all times be open
for the inspection of the members of the association, and
under the control of said board of trustees.
§ 13. A subscription of the sum of two dollars and fifty-
cents shall constitute a member of said association ; and
said burial lots, in said cemetery, after having been surveyed
and platted, shall be apprized before they are offered for
sale by said board, and no lot shall be sold at less than the
apprizement value.
Approved February 16, 1865.
mgs.
In force Feb. 1G, AN ACT to incorporate the Sterling Cemetery Association.
1-r,-,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Samuel
corporators. S. Patterson, Thomas A. Gait, William A. Sanborn, Ben-
jamin C. Coblentz, Smith P. Gait, James Gait, and Kobert
A. Gait, and all such persons as shall hereafter become or
be the owners of stock or proprietors in the association here-
by created, are hereby created a body politic and corporate,
CEMETERIES. 2^7
by the name and style of "The Sterling Cemetery Associa-
tion," for the purpose of establishing' and maintaining a
cemetery, for the burial of the dead, at or near the city of Name and style.
Sterling, in Whiteside county, in this state ; and by that
name shall have perpetual succession, and be capable of
suing and being sued, plead and be impleaded, in law and
equity, of contracting and being contracted with; and may Powers,
make and use a common seal, and alter the same at pleas-
ure ; and may acquire, hold and sell real and personal estate
for the purposes of this act, and may do, generally, all such seal,
things as are incident to a corporation or necessary to give
full effect to this act; and may make by-laws, rules and
regulations, consistent with this act, for the government and By-iaws.
well ordering of said association, aud its officers, property
and affairs.
§ 2. All the corporate powers of said association shall be Powers vested in
vested in and exercised by a board of managers, consisting manaser3-
of five persons, members of said association. The said
Thomas A. Gait, "William A. Sanborn, Samuel S. Patterson,
Robert A. Gait, and Benjamin C. Coblentz, are hereby con-
stituted the first board of managers. Every board of managers
shall hold office for two years, and until their successors are
appointed. An election for managers shall be held at the Section of man-
said city of Sterling, on the first Monday of May, one thou-
sand eight hundred and sixty -seven, and thereafter, bienni-
ally, on the first Monday of May. Each stockholder shall,
at such elections, have one vote ; the voting shall be by bal-
lot, and either in person or by proxy authorized in writing ;
the board for the time being, or a majority thereof, appoint-
ing such person forjudge and such person for clerk of elec-
tion, as they shall choose ; a majority of votes cast shall de-
cide the election ; and a certificate, in that behalf, under the
hand of the judge and clerk, shall be sufficient evidence, in
all places, of such election and its result. Vacancies in the vacancies, how
IT ? t f filled
board, during any term, may be filled by a majority of re-
maining managers. And if, at any time, no election shall
be held on the day, respectively, hereinbefore specified, the
election may, notwithstanding, be held at such time as may
be provided for in that behalf by the by-laws.
§ 3. Provided, always, and it is hereby enacted, that Proviso,
whenever the number of the members of the association shall
not exceed five then and from thenceforth and until the
number shall again exceed five, and until managers be elect-
ed at an ordinary election, or a special one to be called in
that behalf, the corporate powers of said association shall
vest in and be exercised by the remaining members of said
association, or their legal guardians, during minority, as
managers : Provided, also, that if at any time there shall be Proviso 2.
no member who can legally act as manager, the corporation
shall not thereby be dissolved, but the circuit court of
Whiteside county may, on application, appoint a manager
223
CEMETERIES.
Proviso 3.
Officers.
Certificates
signable.
or managers, for the time being. Legal guardians shall be
entitled to exercise all rights and privileges under this act
for minor members, and may hold office during the minori-
ty. Provided, also, that when all the burial lots of the cem-
etery of the association shall be sold or disposed of by said
association, then, immediately upon the happening of that
event, and from thenceforth, the holders of said lots shall
become, be and constitute the corporation aforesaid, with all
the same rights, powers, duties and privileges under this
act, as far as may be, and so far as the same shall remain
unexpended, as were vested in the original members.
§ 4. The board of managers shall choose a president out
of their own number, and may appoint such other officers
and emplo}rees as they may deem necessary ; all of whom,
except the president, shall be removable at pleasure; and
the board may prescribe and vary, from time to time, the
duties of its several officers and their compensation and fees;
and if a treasurer be appointed he shall enter into, procure
and give to the association such bonds or other securities
relative to his duties, as the board may require and ap-
prove.
§ 5. The board of managers shall have power to receive
subscriptions for the purchase of property and the laying oat
and ornamenting of grounds for cemetery purposes under
this act ; and may issue certificates, representing the inter-
ests of subscribers in the property held by the association,
and in the proceeds of the sales of burial lots ; and the indi-
vidual interests represented by such certificates shall be as-
signable and transferable only in such way as the managers
for the time being may, from time to time, direct; and such
individual interests are hereby declared to be personal es-
tate ; and the managers shall have authority to call in and
demand from the subscribers the sums, respectively, sub-
scribed by them, at such times and in such installments as
they may deem proper, and either to compel the payment
of such installments, or to declare all the estate and interest
of the defaulting subscribers, respectively, and all previous
payments thereon, if any, forfeited to the association. And
it shall be lawful for the managers to receive, at their option,
such real or personal property, at an equitable valuation, in
payment of subscriptions, as they may deem available for
the purposes of the association. And no subscriber shall be
liable for the debts of the company in a greater amount than
the interest actually owned by him at the time.
§ G. The association are hereby empowered to acquire,
by purchase, exchange or otherwise, real estate, for ceme-
tery purposes, in or near the city of Sterling, aforesaid; and
shall have power to sell or otherwise dispose of such part of
the real estate they may be compelled to purchase, in order
May add lands, to obtain their cemetery grounds ; and power is hereby fur-
ther given to said association, from time to time, to acquire,
Stock, when for
feited.
Location of cem
etery.
Poor and stran"
gers.
CEMETERIES. 229
by any of the means aforesaid, and add to their cemetery
any lands adjoining thereto ; but said cemetery or cemetery
and additions shall not comprise more than one hundred
acres.
§ 7. The association are hereby required to inclose and In^°us^ of
at all times keep inclosed their cemetery grounds, with a
good and sufficient fence ; and they are hereby authorized
and empowered to ornament their said grounds, as they
shall think proper, and to erect thereon such buildings, in- 125JS£M. and
closures or structures, as they may deem advisable, and to
lay out said grounds into burial lots, of one or more sizes,
and into ways and alleys, (setting apart, if they shall think
proper, a piece or portion for the free burial of the poor and
the stranger;) and to cause their said grounds to be survey-
ed and platted ; and the plat, having been attested by the
surveyor and acknowledged by the president before any
officer having authority to receive acknowledgments of
deeds, may be recorded in the recorder's office of Whiteside
county; and such recording shall have the same virtue and RecOTdof Plat-
effect," as far as may be, as the recording of town plats, and
shall operate as a legal vacation of all former roads, streets
or alleys, passing through the same ; and, except as is pro- R^JS ^J,*11^8
vided for by this act, no road, street, alley, or right of way, laid out.
whether public or private, shall be laid out or condemned
through said grounds.
§ 8. The association shall have power to sell and dispose Lots- how s0,d-
of the burial lots in fee simple, on such terms and with such
conditions, if any, for the permanent care and preservation
of the same, or of the cemetery or any part thereof, as they
may agree upon with purchasers ; and to make such regula-
tions, from time to time, for the government of lot holders
and visitors to the cemetery, as they may deem necessary.
§ 9. All burial lots sold to individuals shall be indivisi- L££ free from
ble, but may be held in undivided shares, and shall, to the
number of four to each individual, be free from taxation and
from execution and attachment ; and the cemetery grounds,
together with the personal property of the corporation
actually used or held by the corporation for burial pur-
poses or subservient thereto, or for the general uses of the
lot holders, shall likewise be exempt, as above.
§ 10. A certificate of purchase, signed by the president Evidence oUUIe
and attested by the secretary, and under the corporation
seal, shall be a sufficient conveyance to and evidence of title
in any purchaser, without more ; and no purchaser shall
transfer his estate or interest, without the consent of the
managers. Burial lots shall be held for the purpose of sep-
ulture only, and no lot-holder shall permit interment in or
upon any lot held by him for compensation.
§ 10. The association shall keep records of all their pur- Record of sales,
chases, sales, orders, elections, proceedings and transactions,
which shall be open, at all reasonable times, to the inspec-
tion of the members.
230 CEMETERIES.
Donations, how § 11. The said corporation may take and hold any grant,
donation, devise or bequest of property, real and personal,
upon trust, to apply the same, or the income thereof, under
the direction of the board of managers, for the improvement
or embellishment of the cemetery, or for the erection, re-
pair, preservation, or renewal of any tomb, monument, or
gravestone, fence, railing or other erection, or for the plant-
ing and cultivation of trees, shrubs, flowers, or plants in or
around any cemetery lot or said cemetery, or for improving
said cemetery in any other manner, consistent with the de-
sign and purposes of this act, according to the terms of such
grant, donation, devise or bequest.
Annual tax for § 12. It is further enacted, that the board of managers
shall have power, in case they deem it proper to do so, to
levy upon each lot sold in said cemetery, an annual tax, not
exceeding the sum of two dollars per lot, for the purpose of
paying the expenses of keeping the cemetery grounds in
good order and of keeping up the fences; and shall, further,
have power and control over the improvements and shrub-
bery of each lot sold, so as to prevent the streets and alleys
of said cemetery from being obstructed by trees or shrub-
bery.
when forfeited. § 13. It is further enacted, that no person shall be al-
lowed to place, erect or construct upon any cemetery lot
any objectionable, indecent or obscene tombstone, vault,
grave jewel, monument, engraving or device. The board of
managers shall have the power to treat the same as a nuis-
ance, and cause the same to be removed from the grounds
of said association; and, if done by or with the consent of
the owner of the lot, then, on repetition ot the same, or a
like offense, the board may declare such lot forfeited to the
association, which shall thereupon repossess the same as of
their former estate.
§ 14:. This act shall be a public act, and shall take ef-
fect from and after its passage.
Approved February 16, 1865.
In force Feb 16 AN ACT to incorporate the Wheatland Cemetery Association.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Amasa
Name and style. S. Thomas, Solomon Simmons, and Robert Clow, jr., of the
town of Wheatland, in the county of "Will, and their associ-
ates and their successors, be and they are hereby constituted
a body corporate and politic, by the name and style [of] the
''Wheatland Cemetery Association ;" and by that name shall
CEMETERIES. 231
have perpetual succession, and shall have all the powers,
rights and privileges, liabilities and immunities incident to
a corporate body.
§ 2. Said association shall have power to own real es- Real estate held
tate, not exceeding ten acres, which shall be exempt from not taxable-
taxation and from attachment and execution.
§ 3. The object of said association shall be, exclusively, object of.
to lay out, inclose and ornament a plat of ground, to be used
as a burial place for the dead.
§ 4. Said association shall have power to lay out the rowers.
burial place into lots of suitable size, and sell the same ;
purchasers of which shall use the same as herein contempla-
ted, and for no other purpose.
§ 5. The proceeds of such sales, and other funds, which rroceeds, how
may come into the possession of the association, shall be ap- appied-
propriated and used in purchasing and laying out the
grounds, and in improving and ornamenting the same, or in
other objects connected with the association.
§ 6. The owners of lots in the cemetery shall, on the Election of trus-
first Saturday of March next, elect three trustees, who shall
be owners of a lot in the cemetery, who shall hold their ofii- Term of office.
ces for three years, and until their successors are elected ;
and any neglect to elect officers on said day shall not ope-
rate as a forfeiture of this act of incorporation.
§ 7. Every owner of one or more lots shall be a member, who may vote.
and shall be entitled to one vote only. Absent members
may vote by proxy.
§ 8. The trustees shall appoint a secretary, a treasurer, officer*.
and a sexton ; and it shall be the duty of the secretary, on
the order of the trustees, or any five members of the associ-
ation, to call a meeting for the choice of officers, or for the
transaction of any other kind of business which this act au-
thorizes, by giving not less than five days' notice.
§ 9. The said corporation shall have power to establish By-iaws.
and change by-laws and prescribe rules and regulations for
their government and the direction of their officers, prescribe
their duties and the management of its property and affairs.
§ 10. The right of property to any lot or lots which may certificate of lot.
be purchased shall be vested, by certificate of stock, signed
by the secretary and recorded in a book kept by the secre-
tary for that purpose ; and every transfer of such lots shall
be made by surrendering such certificate to the secretary,
who shall destroy it and issue a new one.
§ 10. This act to be in force and take effect from and
after its passage.
Approved February 16, 1865.
232 CEMETERIES.
In force Feb. 10, AN ACT to incorporate the White Hall Cemetery.
1S65.
Section 1. Be it enacted by the People of the Slate of
Illinois, represented in the General Assembly, That S. Ross,
corporators. j j)_ Veddcr, J. W. Gregory, B. G. Culver and L. E.
Worcester, and their associates, in the town of White Hall,
and vicinity, in the county of Greene, and their successors,
be and they arc hereby constituted a body corporate and
Name and style, politic, by the name and style of "The White Hall Ceme-
tery Association," and by that name shall have perpetual
succession, and shall have all the powers, rights, privileges,
liabilities and immunities incident to a corporate body.
Power?. § 2. Said association shall have power to hold real
estate, not exceeding twenty acres, and personal property,
not exceeding one thousand dollars, which shall be exempt
from taxation, attachment and execution.
object, § 3. The object of said association shall be, exclusively,
to lay out, inclose, ornament and keep in repair a plat or
piece of ground, not exceeding twenty acres, as aforesaid,
to be used as a burial place for the dead.
Lota laid out, § 4. Said association shall have power to lay out the
burial place into lots of suitable size for family burial de-
partments, and sell the same, the purchaser of which shall
use said lot, as herein contemplated, and for no other pur-
pose whatever.
Funds, how ap- § 5. The proceeds of such sale, and all funds which may
propnate . come into the possession of the association, shall be appro-
priated and used in purchasing and laying out the grounds
and in improving and ornamenting the same, or in other
objects connected with the incorporation.
officers. § 0. The officers of said association shall be five trus-
tees, and such other officers as by this act may be authorized
or created ; each of whom shall be the owner of one or
more lots in the cemetery of said association. Said trus-
tees, or a majority of them, in all cases, shall constitute a
board for the transaction of all business, and the man-
agement of ali property of said association, and shall be
Meeting of eiec- elected by ballot, on the first Monday in September, bien-
uo"' nially, and shall hold their offices until their successors are
elected.
President and § 7. Said board of trustees shall choose, from their
own number, a president and treasurer, and shall ap-
point, from the members of said association, a secretary,
sexton, and such other officers as the interest of said associ-
Fee of officers, ation may require, and fix the compensation of all officers,
as to them may seem just and equitable. A bond, with
security, shall be taken by said board from said treasurer,
for the faithful discharge of the duties of his office.
judges of eiec- g 8. At all elections of said association two of said
trustees shall act as judges, and the secretary of the board
uon.
CEMETERIES. 233
as chief clerk thereof; and said clerk shall, within ten days
after such election, give to the persons chosen a certificate of
their election ; but any failure to elect officers at the proper
time shall not operate as a forfeiture of this act of incor-
poration. Upon a failure to hold said election for officers
at the proper time said board may, upon giving ten days1
public notice, hold an election for said trustees, or, upon
such notice, may hold an election to fill a vacancy or va- vacancy, how
cancies occasioned by the death, resignation or removal of
said trustees.
§ 9. Every person having a title to one or more lots in night to vote.
said cemetery shall be a member of said association and
entitled to one vote only. Absent members shall have power
to vote by proxy, authorized by writing, first filed with the
secretary of said board.
§ 10.' The right of property to any lot or lots which Tlt:e t0 lots-
may be sold by said association shall be vested in the pur-
chaser, bj7 a certificate of purchase, signed by the president
and countersigned by the secretary, and shall be recorded
in a book kept by the secretary, for that purpose ; and every
transfer of such certificate shall be made by surrendering
the same to the secretary, who shall then isssue a new cer-
tificate and cancel the former.
§ 11. The said corporation shall have power to establish By-iaws.
and change by-laws and prescribe rules and regulations for
the government of said cemetery, and its officers ; and shall
have power to raise upon assessment upon the owners of
lots such sums as may be necessary to keep the inclosing
fences or walls in repair.
§ 12. The said association shall set apart, and hold p°e0^.ana stran-
sacred for that purpose, a portion of the ground within their
inclosure or boundaries, sufficient to bury the poor and
strangers, but which shall remain under the superintendence
of this association.
§ 13. This act shall be taken and deemed an act for the
public benefit, and shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AX ACT to incorporate the Woodlawn Cemetery Association at Clinton. In force Feb. 1G,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That George
W. Gideon, S. F. Lewis, C. Goodbrake, N. E. Gideon, corporators.
S. S. Ewing, and their successors, be and they are hereby
constituted a body corporate and politic, by the name and
style of " Woodlawn Cemetery Association ;" and by that
name to have perpetual succession, and shall have and pos-
234
CEMETERIES.
Object,
Capital stock.
To plat lands.
Control of
!;lVr,'!<! -.
Officers.
Election.
Vacancy,
filled.
Evidence of title,
sess and bo invested with all the powers, rights, privileges
and immunities incident to a corporate body.
§ 2. The object of said corporation shall be to lay out,
plat, inclose and ornament a plat or piece of ground, to be
used as a cemetery or burial place for the dead, exclusively;
the same not to exceed fifty acres in quantity ; to be located
so as to include the burial ground known and designated as
the Woodlawn Cemetery, which is surveyed, platted and
recorded in book "R," page Gi:l, of the record of DeWitt
county, state of Illinois.
§ 3. The capital stock of said company shall consist of
six thousand dollars, to be divided into shares uf live hun-
dred dollars each ; which stock may be paid in real estate.
All real estate, either purchased or subscribed as stock, shall
be conveyed to said company, for the purposes hereinafter
named ; and upon the receipt of real estate, as stock, a ma-
jority of said board shall fix the value of said real estate, so
taken as stock, and, upon the subscription of six shares, the
said company may organize and proceed to business.
§ 4. Said board shall have power to lay out and subdi-
vide and plat their said real estate, for a cemetery, in sub-
divisions, lots, streets, alleys, blocks, squares, and parks, as
said board may deem proper, and make, from time to time,
such improvements, ornamental or otherwise, as a majority
of them think best for the ornament and convenience of
said grounds.
§ 5. Said association shall have full control over the
cemetery grounds already platted and recorded, as afore-
said ; may close alleys and open new alleys, or make any
other necessary improvements, so as not to interfere with
the general arrangements or to operate as an injury to
present lot-holders.
§ 6. The officers of said association shall be a president
and secretary. Said secretary shall also act as treasurer.
A majority of said association my pass necessary by laws,
or do any business. Said officers of president and secre-
tary to be chosen on the first Monday in March, of each
year, and hold their offices until their successors are chosen ;
and a failure to elect on said day shall not operate as a for-
feiture of this charter. Any vacancy that may happen at
any time in said offices of president or secretary, such
vacancy may be filled by a majority of said corporate mem-
bers or their successors.
§ 1. Upon the death, resignation or removal of any or
either of the above corporate members, a majority of the
remaining members shall proceed to £11 such vacancy or
vacancies.
§ 8. Said association shall have power to sell and con-
vey an}7 portion of their land or lots in said burial ground,
for the purpose of a burial place. The evidence of title to the
CHUKCHES. 235
purchaser shall be a certificate, signed by the secretary of
said association, as such.
§ 9. Certificate of purchase of any ground from said Certificates, how
association shall not be assignable, but by consent of the ranseri-e ■
secretary of said company. Said certificate may be sur-
rendered to said association and a new one issued to any
person designated by the original holder of the same.
§ 10. The secretary shall keep a true record of all the Report °f secre-
proceedings of the board; also, of all the lots or grounds
sold, the names of the purchasers, and the amount received
for the same, and, also, all the expenditures for the same
time ; and shall give a true report to the board, when re-
quired. The books shall be open to the inspection of lot-
holders, at all times.
§ 11. Two-fifths of all moneys received for sale of improvements.
grounds, for the purposes aforesaid, shall be expended in
improving and ornamenting said grounds, so to be laid out,
as aforesaid ; the balance to be paid to the stockholders.
5 12. Said cemetery grounds, and each and every lot Lots exempt
±1 • ill" l 2 i ' , • from sale antl
therein, and all improvements, 01 every description, appur- tax.
tenances thereto, shall be forever exempt from levy and sale
under execution or attachment, and, also, from taxes or as-
sessments, of any kind, whatsoever ; and there shall not be
any county or state road located through said grounds,
without consent of the company.
§ 13. If any monument, effigy, inclosure, inscription, or objects may be
any structure or erection, be placed upon or in any lot or removed-
ground, or any shrub or tree, either planted or left standing
on any lot or ground, which shall be determined by the
board, or a majority of them, to be offensive or impoper or
injurious to the appearance or convenience of said cemetery,
they shall have the right to remove such offensive or im-
proper object or objects.
§ 14. This act to take effect from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Baptist General Association of Illinois. In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That such
persons as now are or may hereafter become members of Name and style.
the Baptist General Association of Illinois shall be and
hereby are constituted a body corporate and politic, by the
name and style of the "Baptist General Association of
Illinois;" and by that name shall have succession; shall Powers.
be capable, in law, to sue and be sued, plead and be im-
pleaded, answer and be answered unto, defend and be
236
CHUKCHES.
Bequests
Proviso.
defended, in all courts of law and equity whatever ; and
they, and their successors, shall have [a] common seal and
may alter and change the same at their discretion.
§ 2. This corporation shall be capable of taking, hold-
ing or receiving any property, real or personal, by virtue of
any devise or bequest contained in any last will and testa-
ment of any person whomsoever : And, provided, that no
verbal mistake in the name of said corporation shall invali-
date any gift, grant, devise or legacy intended to be devised
or bequeathed to said corporation.
§ 3. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved February 16, 1865.
In force Feb. 10, AX ACT to legalize the First Congregational Church and Society of Nepon
1 £fi?> n ,-,4- r* »-. .1 ^\-»„ <-* + l-i ^« »-.., Mvs.Ai-1 Art +!-.*-*«/-. I .1 *-, I, ™. nA
1S05.
I'reamlile.
Trustees
church.
Title to lands.
set, and for other purposes therein named.
Whereas, the church and society, now located at Neponset,
in Bureau county, and state of Illinois, and known as the
First Congregational Church and Society of Neponset,
have failed to organize under the provisions of chapter
twenty-five of the .Revised Statutes of said state and the
amendments thereto, and have procured grounds and
erected theveon a building for church purposes, and other-
wise improved said grounds, for the purposes aforesaid ;
and whereas, Orin Hazard, 0. P. Blake and W. T. Smith
are now, by a vote of said church and society, acting as
trustees thereof; therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That said
of church and society be and the same is hereby legalized, and
shall be known and called " The First Congregational
Church of Neponset ;" and that all the actings and doings
in the premises, for the uses and purposes as aforesaid, in pro-
curing lands and erecting a house of worship, .and in im-
proving the property aforesaid, be and the same is hereby
legalized and made valid, and that the said Orin Hazard,
C. P. Blake and W. T. Smith be and they are hereby de-
clared to be the legally constituted trustees of said church,
and shall so remain for three years, from the passage of this
act, and until their successors in office are chosen, as is in chap-
ter twenty -five of the Revised Statutes provided ; and that
the legal title of said lands and other property, belonging
to said church, be and the same is hereby vested in said
trustees and their successors in office, the same as is provi-
ded in said chapter twenty- five of the Revised Statutes ; it
being the design and intention to place said church and so-
CHURCHES. 237
ciety m precisely the same situation and condition that they
would have been in had they originally organized according
to law.
§ 2. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the German United Evangelical Synod of the In force Aprils,
North-West. 1365.
Section 1. Be it enacted by the Feople of the State of
Illinois, rejrretented in the General Assembly, That the cler-
gymen and persons now composing the German United Name ana style.
Evangelical Synod ol the North-West, in the state of Illi-
nois, are hereby created and constituted a body politic and
corporate, under the name and style of the " German Uni-
ted Evangelical Synod of the North-West ;" and by that
name shall have perpetual succession ; and shall have power Powers,
to contract and be contracted with, to sue and be sued, to
plead and be impleaded ; to do and perform all such acts
and things as are or may be necessary and expedient for the
furtherance and advancement of tiie purpose of said corpo-
ration, as fully and completely as a natural person might or
could do.
§ 2. The objects and purposes of this corporation shall object.
he the advancement of the christian religion, the establish-
ment of schools, seminaries and colleges, for the education
of youths and of clergy ; the erection of churches, of other
and any religious and charitable institutions, to promote and
advance the interests of the Christian religion, of educa-
tion, of the arts and sciences, and for charitable purposes
generally.
§ 3. The said corporation may have a common seal, and seaj.
alter the same, from time to time ; may receive, take and
hold, by gift, purchase, devise, bequest or otherwise, any
real or personal estate, for the use and purposes of said cor-
poration, whether the same be purchased, given, devised,
bequeathed or conveyed directly to said corporation, or to
any of the officers thereof, for the use of the said corpora-
tion ; and all such property, real or personal, held by or for
the use of said coporation, shall be exempt from taxation.
No real estate to which said corporation shall have acquired Lease of resU e*-
title shall by it be alienated or leased for a longer term than
one year, except by a vote of the majority of the members
present, at the regular annual meeting or at a special meet-
ing, called for that purpose, to be specified in the notice of
said meeting.
238
CHURCHES.
Expulsion
members.
Committee
reference.
By-laws. § 4. The constitution, rules and regulations and by-laws
of the said German United Evangelical Synod of the North-
West, existing at the time of the passage of this act, shall
he the rules and by-laws of this corporation, until the same
shall be regularly repealed or altered by said corporation,
in accordance with the provisions thereof.
officers. § 5. The officers of this corporation may consist of a
president, vice president, secretary, treasurer, and of such
other officers, trustees and committees as the said corpora-
tion, in its constitution, rules and by-laws may provide.
of § 6. The said corporation may make such by-laws, rules
and regulations, for the reception, rejection or expulsion,
and for the government of its members, and for the man-
agement of its business, as maybe expedient and necessary.
of § 7. Said corporation may constitute and appoint com-
mittees of reference and arbitration, and committees of
appeal, who shall be governed by such rules and regulations
as may be prescribed in the by-laws, rules and regulations
of said corporation, for the settlement of such differences,
by arbitration, as may arise between the members thereot,
and as may be voluntarily sumbitted by other persons, not
members of said corporation. Any and every award agreed
upon or adjudged shall be reduced to writing, before publi-
flom cation thereof;" and each and every party litigant, upon
final rendition of such award, shall have the right to appeal
from such final award to any court of record of the county
where such arbitration was made, having jurisdiction in
cases of arbitration and awxard. Any such court of record
may entertain such appeal, adjudicate and adjudge the same,
as other causes of arbitration and award. The acting chair-
man of either of said committees of reference and arbitra-
tion, aforesaid, shall have power to administer oaths to par-
ties litigant and to witnesses.
conds of officers § 8.' It shall be lawful for said corporation, when they
shall think proper, to receive and require of and from their
officers, or any of them, whether elected or appointed, good
and sufficient bonds for the faithful discharge of their duties
and trusts.
Approved February 16, 1865.
Appeal
award.
In force Feb. 18
18G5.
AN ACT to amend an act entitled " An act to change the name of the
Methodist Episcopal Church in the town ot Chicago, Cook county, Illinois,
and for other purposes," approved February 14, 185*7, and to enlarge the
powers thereof.
Section 1. Be it enacted by the People of the State of
Number of trus- Illinois, represented in the General Assembly, That on and
tee8' after the second Monday in January, a. d. 1866, the trustees
CHURCHES. 239
of the " First Methodist Episcopal Church of Chicago," shall
consist of nine persons, who, on said day, shall be elected
by the society constituting said First Methodist Episcopal
Church of Chicago, and that other society, known as Trinity
Methodist Episcopal Church of Chicago, by joint ballot,
whether they constitute one or separate societies. Of the
trustees, so to be elected, three, and their successors, shall
be members of each of the above mentioned societies, and
the remaining three, and their successors, shall be members
of other Methodist Episcopal churches or societies, in the
city of Chicago ; but no two of these last shall belong to
one and the same society. At said first election, three of Election of trus-
said trustees shall be chosen to serve for one year, three for tees'
two years, and the remaining three for three years; and
annually thereafter, on the second Monday in January, the
successors of those whose terms shall have expired shall be,
in like manner, elected for three years; and at the same
time elections shall be held to fill vacancies caused by death,
removal from the city of Chicago, or otherwise ; said elec-
tions to be called and held in accordance with by-laws to be
established by said societies, in joint meeting. Said trus- Power of trus-
tees, so elected, shall have power to control and manage the *
real property belonging to said corporation, and to dispose
of the rents accruing therefrom, in conformity with the pro-
visions of this act and the act to which this act is amenda-
tory; and they shall hold their office until their successors Term of office.
shall be chosen ; and a failure to elect trustees at any of the
times above prescribed, shall in no way affect the existence
or powers of said corporation, but their successors may be
chosen at any annual election thereafter.
§ 2. That whenever twenty certain bonds, for one thou- Trust deed on.
sand dollars each, executed by said " First Methodist Epis-
copal Church of Chicago," on the first day of January, a.
d. 1859, and secured by a deed of trust to George C. Cook,
of the lot and building owned by said corporation, shall
have been fully paid, it shall be lawful for the trustees of
said corporation to purchase, hold and use a parsonage house Parsonage.
and lot, or to purchase a lot and erect a parsonage house
thereon, and keep the same in repair, for the use of such
ministers of the gospel as may, from time to time, be duly
appointed, according to the discipline of the Methodist-
Episcopal Church, to minister to the congregation worship-
ing in said building; and they may, also, at their discretion,
aid in the erection of church buildings within said city of
Chicago, for the use and under the control of said Metho-
dist Episcopal Church; and may, from time to time, pur-
chase lots within said city, for the erection thereon of a
place or places of worship, and convey the same to societies
of said church, for such use and to be under such control.
Said parsonage or parsonage lot may be purchased, at any Rents to be aP-
time ; but no part of the rents, derived from the building ffinleres^3
24.0 CHURCHES.
aforesaid, shall bo applied toward payment for the same,
until all of said bonds and all interest due on all incumbran-
ces on said property, shall have been fully paid ; and said
trustees shall not, for the purposes aforesaid, or for any
other purpose, except for the purchase of said parsonage or
the repair or re-erection of said building, contract liabilities
which shall, at any time, exceed, in the aggregate, the net
rents of said building in any one year.
support of min- § 3. Said trustees may appropriate of the rents derived
from said building, for the repair and refitting of any part
thereof, whether used for public worship or otherwise; and,
also, not exceeding one thousand dollars per annum, for the
support of the minister, from time to time appointed, as
aforesaid, to preach the gospel to the congregation worship-
ing in said building.
Security for bor- g 4, pn order to secure the payment of any indebted-
rowed monev. o ., ., L. , n -i
ness, now owing by said corporation, or any part of such
indebtedness, or in case of the destruction or serious injury
of said building, from any cause, the same and the. lot on
which it stands may be conveyed, by said trustees, by mort-
gage or deed of trust, as security foi* money borrowed to
pay such indebtedness, or to re-erect or repair said building,
but shall not be aliened or conveyed for any other purpose
whatever.
§ 5. All the provisions of the act to which this is amen-
datory shall remam in full force, so far as they are not
inconsistent herewith.
§ 6. This act shall be a public act, and in force from and
after its passage.
Approved February 13, 1SG5.
In force April 18, AN ACT to incorporate the board of directors of the Foreign and Domestic
1865. Missionary Society of the Cumberland Presbyterian Church of the United
States.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That James
corporators. j> Logan, D. R. Bell, Thomas Potter, Frederick Bridgman,
Frederick Lack, Archibald Johnson, J. H. Murphy, J. M.
Bone, Isaac Finch, T. P. Greenwood, W. L. McNama,
James Bellas, and their successors in office, be and they are
hereby constituted a body corporate and politic, by the
Name and style, name and style of " The Board of Foreign and Domestic
Missions of the Cumberland Presbyterian Church ;" and by
Powers. that name shall have perpetual succession ; shall have power
to sue and be sued, contract and be contracted with, to plead
and be impleaded ; to do and perform all such acts and
CHURCHES. 24:1
things as may become necessary for the furtherance of the
objects and purposes of said corporation, as fully and com-
pletely as natural persons might or could do.
§ 2. The object of this incorporation shall be to advance object.
and promote the cause of missions, by sending the gospel
of Christ to the destitute at home and the heathen abroad.
§ 3. The present board, named in the first section of this Board of mis-
act, shall hold their offices and constitute said board of mis- SI0ns'
sions until the General Assembly of the Cumberland Pres-
byterian Church shall elect a board; which the said General
Assembly shall have power to do, at each of its annual
sessions. Said board shall consist of twelve members, who
shall be elected for one year, and until their successors shall
be elected : Provided, if any vacancy should occur in said ^j0/"?0^ how
board, by death, removal, resignation or otherwise, such
vacancy may be filled by the remaining members of the
board, at any regular meeting, to serve until the next ensu-
ing meeting of the general assembly of said church.
§ 4. Five members of said board shall constitute a quo- Quorum,
rum, for the transaction of business.
§ 5. The said board shall, annually, elect one of their Annual election,
number as president, who shall preside at all meetings, officers,
when present ; one secretary, who shall faithfully keep the
proceedings of all meetings ; one treasurer, who shall receive
and pay out, by the order of the board, all moneys belong-
ing to said incorporation; and the board shall select, of their Executive com-
number, annually, five members, to act as an executive com-
mittee, whose duties may be defined by by-laws.
§ 6. Said board shall have power to adopt such by-laws, By-iaws.
rules and regulations as they may think best, not inconsist-
ent with this act or any laws of this state.
§ 7. The board hereby created shall have power to pur- Property may be
chase and hold, or receive by gift, grant or devise, and hold ie '
for the interest of the incorporation, any property, real,
personal or mixed : Provided, real estate shall not be held
by said incorporation, except for the necessary business of
the board, for a longer period than one year, without offer-
ing the same at public sale ; and all such real estate, not
needed for the use of the board, in transacting their business,
shall be offered for sale, annually, and sold whenever the
same will bring its appraised value ; to be appraised, annu- Annual appraise-
ally, by the executive committee of said board; and the ment"
proceeds of all such estate appropriated to the advancement
of the missionary cause.
§ 8. The board hereby created have the right and power General agents.
to appoint one or more general agents and corresponding
secretaries, as they may think for the best interests of the
cause of missions.
§ 9. The board may require their treasurer to give bond, B°na °f treas-
with approved security, for the faithful performance of such urer'
duties as may be required of him, in such sum as the board
—20
242
CHURCHES — CITIES.
may think the duties require ; and may require reports,
Annual report from time to time, of the condition of the treasury; and
said treasurer shall make, annually, a report to the general
assembly, at its sessions, the amount received during the
preceding year, in money or property, and disbursements
made,
salaries. § 10. The board have the power to allow and pay to
any of the agents or officers connected with said board such
compensation or salary as said board may think right and
proper,
certificates. § 11. Said board may grant certificates of life member-
ships or life directorships, to such persons as they may think
proper, and for such sums of money as the board may think
advisable.
Approved February 16, 1865.
In force Feb. 15,
1865.
Name changed.
AN ACT to change the name of the Presbyterian Church of Champaign.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the name
of the First Presbyterian Church of Urbana, located in the
city of Champaign, in the county of Champaign, be and
the same is hereby changed to the "First Presbyterian
Church of Champaign ;" and all the property, both of a real
and personal nature, whatsoever, now held and owned Vy
said church organization, by and in the name of the trustees
or other officers of said First Presbyterian Church of Urba-
na, shall now and hereafter be held, owned and controlled
by the trustees now in office, and their successors, for the
use and benefit of the First Presbyterian Church (Society)
of Champaign, in the same manner and with the same
powers, as though the name of said church organization
had not been changed.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 15, 1865.
In force April
18, 18G5.
AN ACT to amend the charter of the city of Alton.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Additional tax common council of the city of Alton are hereby empowered
and required, annually, to levy and collect an additional
to be levied.
cities. 243
special tax, of one-half of one per cent, on all the real and
personal property in said city, subject to taxation ; which
tax, together with the one-half of one per cent, special tax,
authorized by "An act to amend the charter of the city of
Alton," approved February 28, 1854, shall constitute a fund,
to be exclusively devoted to the liquidation of the present
bonded debt of said city, principal and interest, and which
tax shall be levied and collected in the same manner and un-
der the same regulations, as other city taxes.
§ 2. Samuel Wade, Joseph W. Wise, and Isaac Scar- Board of control
ritt, are hereby constituted a board of control, to whom the
money arising from said tax shall be paid by the collector of
said city, and in no event shall it go into the treasury of the
city.
§ 3. The said board of control shall have full power and Powers.
authority to use the money, so collected and paid over to
them, in the liquidation of the present bonded debt of the
city, and for no other purpose. They may negotiate for all
and any portion of said bonded debt, in any manner that to
them shall seem best for the interest of the city, reporting
their actings and doings to the common council, semi-an-
nually.
§ 4. The members of said board of control shall execute Members of
a bond to the city of Alton, in the sum of twenty thousand bond,
dollars, with security, to be approved by the common coun-
cil, conditioned for the faithful performance of their duties.
§ 5. In case a vacancy shall occur in said board of con- vacancy, how
troi, the mayor of the city shall till the same, by appoint-
ment, to be confirmed by a majority of the common
council.
§ 6. The tax collected under the provisions of this act, wnen bonded
including the special tax ot one-halt ot one per cent.,
authorized under the act of February 28, 1854, as recited in
section one, shall be paid in money ; and this act shall be
and remain in force until the present bonded debt of the
city, principal and interest, shall be liquidated, and no
longer ; and from and after the expiration of this act, as thus
limited, the taxes authorized to be annually levied and col-
lected by the common council of said city, for general pur-
poses, shall be and remain an amount not exceeding one per
cent.
§ 7. The city of Alton is authorized and empowered to cb0euf30Suebdoads t0
issue six per cent, coupon bonds, running from one to ten
years, principal and interest payable in the city of New
York, in exchange for the bonds of said city now outstand-
ing.
$ 8. The common council are required to order an elec- Act to be voted
• i i i t • . i i -i • • i • i n f or before valid
tion to be held m the several wards ot said city, on the first
Tuesday of May next, at which election the electors may
vote for or against the adoption of this act, and if a majority
of the votes given at such election shall, be in favor of its
24 £ CITIES.
adoption, then it shall immediately take effect as a law, but
if a majority of the votes given shall be against the adop-
tion, then this act shall be of no effect.
Approved February 16, 1865.
In force Feb. 16, AN ACT to amend the charter of the city of Alton.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
ordinances may common council of the city of Alton shall have power to
be passe . make and pass all ordinances necessary for the good order
and government of said city, the same not being contrary
to the constitution of this state nor of the United States.
Market and § 2. To establish and regulate markets, to appoint and
market oms. prescribe a time for holding and keeping open the markets,
and to restrain and prohibit the sales of marketable commo-
dities, except at the markets, during market hours.
Fines, how re- § 3# All fines, forfeitures and penalties imposed by the
covered. ' ± l *j
ordinances of the city of Alton, which do not exceed cne
hundred dollars, may be recovered by an action [of J debt, or
otherwise, in the name of the city of Alton, before any of
the justices of the peace residing therein. Where the line
or penalty exceeds one hundred dollars, may be sued for
and recovered, in the name of the city of Alton, in any
court having jurisdiction of the same.
Acts repealed. § 4. That so much of the ninth and seventeenth sections
of "An act to incorporate the city of Alton," and so much
of the first section of "An act to further amend an act enti-
tled 'An act to incorporate the city of Alton,"' approved
February 23, a. d. 1847, as are repugnant to and inconsist-
ent with this act, be and the same are hereby repealed.
§ 5. This act shall take effect and be in force from and
after its passage, and shall be deemed a public act.
Approved February 16, 1865.
In force Aprill5, AN ACT to amend the twelfth section of the charter of the city of Alton,
1 • establishing and regulating the public schools in said city.
Division of Section 1. The city of Alton is hereby enacted into a
school property gchool district The Bchoo] ]&n^ gchool fund an(J all other
real and personal estate belonging to the township number
five north, of range number ten west of the third principal
meridian, shall be divided between the city of Alton and
cities. 24:5
the portion of the township lying without the limits thereof,
by the trustees of schools of said township, within three
months from the passage of this act. Said division to be
made between the said city and said township, (without the
city,) in proportion with and according to tiie number of
persons under the age of twenty-one years residing in said
city and without said city in said township.
§ 2. The common council shall have and possess all the ^crsof coun"
rights, power and authority necessary for the proper man-
agement of the school lands and funds belonging to the said
school district; and shall have power to prescribe the
branches to be taught in the different schools ; to grade and
regulate the same; to erect, hire or purchase buildings suit-
able for school houses, and keep the same in repair; to buy school houses.
or lease sites for school houses, with the necessary grounds ;
to furnish schools with necessary fixtures, furniture and ap-
paratus ; and to fix the amount of compensation to be allow- Pay of teachers.
ed to teachers ; and for all these purposes, and to support
and maintain schools, and supply the inadequacy of the school
funds, the common council shall have power to assess a tax To leyy t»x-
upon all the real and personal property in the city of Alton,
of not exceeding a quarter of one per cent, per annum ;
and to enact such ordinances as may be necessary to carry
these powers and duties into effect.
§ 3. The school commissioner of Madison county shall, Funds to be paid
ii /• i • j." a -i Alton district.
annually, pay to the school treasurer ot the city ot Alton
the proportion of the school, college, and seminary funds to
which the said Alton school district may be entitled, accord-
ing to the number of persons, under the age aforesaid, re-
siding in said district, taking his receipt therefor.
§ [i.] So much of section twelve (12) of the "Act to in- Act repealed.
corporate the city of Alton," passed July 31, 1837, as is in-
consistent with this act, is hereby repealed.
Approved February 13, 1865.
AN ACT to further amend an act entitled " An act to incorporate the city In force Feb. 10,
of Aurora, and to establish an inferior court therein." Approved Febru- 1865-
ary 11th, 185V.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the com-
mon council of the said city of Aurora shall have power to council may
borrow money, on the credit of said city, at any time or
times, during the year a. d. 1865, and only during said year,
not exceeding fifteen thousand dollars, in addition to the
amount now authorized by law to be borrowed annually by
by said common council, and pledge the revenue of the city
for its payment, and issue bonds therefor.
246 cities.
stray children. § 2. The common council of said city shall have power,
within the limits of said city, to authorize the taking up, and
provide for the safe keeping and education, for such periods
of time as may be deemed expedient, of all children who
are growing up in mendicancy, ignorance, idleness or vice.
House of refuge. §■ 3. The co mm on council of said city shall have power
to lease or purchase, improve and maintain suitable grounds,
either within or without the corporate limits of said city, for
a house of refuge and correction, and to erect buildings
thereon, and adopt such rules and regulations for the gov-
ernment thereof and punishment of juvenile offenders, un-
der the age of twenty-one years, therein, as may, from time
to time, be deemed expedient ; and, for the purpose of car-
rying out the provisions of this section, the common council
Tax may be lev- shall have power to levy and collect a tax, not to exceed one-
half per cent, annually, upon the real and personal estate
within the limits of said city.
Penalty for tres- § 4. r£\ie common council of said city shall have power,
by ordinance, to prohibit, by penalties, not exceeding one
hundred dollars for each offense, any person or persons from
entering the inclosure of any person within the limits of said
city, without leave or license of the owner or occupier of
said inclosure, and picking, destroying or carrying away
the fruits of any apple, pear, peach, plum, cherry, or any
other fruit tree, bush or shrub, or the fruit of any grape-
vine or strawberry vine, or plant, or any other fruit whatso-
ever that may be cultivated in any such inclosure.
streets, how va- § 5. The common council of said city shall in no case
have power to vacate any street, highway, road, alley or
- lane, within the limits of said city, unless such vacation be
by a vote of two thirds of all the aldermen elected.
No officer to § 6. ISTo member of the common council of said city,
head of a department, clerk, city officer, assistant or em-
ployee in any department of said city, shall be, directly or
indirectly, interested in any contract, work or business, the
expense, price or consideration of which is paid from the
city treasury, under the penalty of his immediate removal
from office.
Additional su- § 7. At all future elections for said city of Aurora one
pervisor. supervisor shall be elected by the legal voters of said seve-
ral divisions, as the fame are now established by law, in ad-
dition to the township supervisor and assistant supervisor ;
and the supervisor, so elected, shall be a member of the
board of supervisors of Kane county, and shall have, possess
and enjoy all the rights, powers and privileges that are now
or hereafter shall be possessed and enjoyed by the several
Election. township supervisors in and for said county. The election
for such supervisor to be held at the same time and in the
same manner as the election for city officers in and for said
city : that is, the wards in the east and west divisions shall
vote for and elect said supervisor.
CITIES.
247
§ 8. That an ordinance passed by the common council order for judg-
of said city of Aurora, December 26th, a. d. 1863, and read-
ing as follows, to wit:
" I. On the return of any warrant unsatisfied, in whole
or in part, as to any taxes on real estate, an order shall be
made by the common council, directing the collector to make
application to the county court of Kane county for judgment
to be entered against such delinquent real estate for the
amount of taxes due and unpaid, and costs. Such order
shall specify the time when application for judgment shall
be made, also the notice to be given by the collector of the
intended application for judgment; which notice shall be at
least thirty days previous to such application, ,and shall be
published for that length o!7 time in a newspaper published
in the city of Aurora, or if no newspaper shall at the time be
published in said city, then by posting up printed notices of
such intended application, in at least four of the most public
places in said city. Said notice shall contain a list of the Delinquent list,
lands and lots and parts of lots on which the taxes remain
unpaid, as fully as the same are described in the collector's
warrant, together with the name or names ol the respective
owners, if known, the valuation of each tract, and the amount
of taxes and costs due and unpaid on the same ; which said
list shall be ruled and headed, as near as may be, in the fol-
lowing form :
List of lands and lots 'and parts of lots in the city of Aurora, Kane county, T-ist of delin-
Illinois, upon which the city taxes for the year. . . .remain due and unpaid. ciuents-
Owners' name.
Description.
Valuation.
Amount of taxes.
John Doe
1
Orig'l bl'k 11 Town lot 1
2 " ' 1
3] " :;
§500 00
1000 00
&c.
$8 00
16 00
At the foot of the list the collector shall append a notice,
substantially in the following form ;
City of Aurora, County of Kane,?
State of Illinois. \ *
Notice is hereby given that the city taxes, for the City of Aurora, for the Notice.
year . . . ., as set forth in the foregoing list, are due and unpaid, and that on
the . . . day of I shall make application to the county court of
Kane county, at the court house, in Geneva, for judgment to be entered
against said lands and lots, and parts of lots, to sell the same, respectively, for
the taxes and costs then remaining unpaid, as specified in the foregoing list.
All persons interested are hereby notified then and there to appear and show
cause, if any they have, why judgment of sale should not be entered.
A. B., City Collector of the City of Aurora.
Dated this .... day of , a. d. IS. .
" II. Upon the making of the order, by the common conn- what list to
cil, directing the collector to make application for judgment,
CITIES.
as provided in the foregoing section, the city collector shall
procure a well bound book, suitably headed and ruled, in
which he shall, assisted by the city clerk, make a complete
list, for judgment, of all the lands and lots, and parts of lots,
returned by him as delinquent, and on which the city taxes,
at the time, remain due and unpaid. Said list shall contain
the description of the delinquent real estate, the amount of
taxes and costs due on each tract, and the names of the own-
ers, if known, as fully and particularly as in the collector's
warrant. The headings and rulings in said book shall be
substantially in the following form:
List of lands, lots and parts of lots, reported by , city collector of
the city of Aurora, Kane county, Illinois, for the year IS. ., upon which he
has been unable to collect the city taxes due thereon ; and now, on this
.... day of . . . ., a. j). 18. ., said presents this, his petition, in
the county court of Kane county, Illinois, for a judgment and order of sale
against said lands and lots and parts of lots, to satisfy such unpaid taxes
and costs:
Owners' names.
Description.
Valuation.
Amount tax.
Costs.
Total.
Doll.
Doll. Cts.
Doll.
Payment of tax
before sale.
Affidavit of col
lector.
Said list shall be carefully compared by the collector and
city clerk with the original tax warrant, and the collector's
return of delinquent lands and lots on the same; and the
collector shall make and subscribe an affidavit, which shall
be, as near as may be, in the following form :
State of Illinois,)
Aane county, )
I , collector of the city of Aurora, Illinois, do solemnly swear, (or
affirm,) that the foregoing is a true and correct record of the delinquent lands,
lots, and parts of lots, within the city of Aurora, upon which I have been una-
ble to collect the city taxes for the year therein set forth, and that the said
taxes now remain due and unpaid as I verily believe.
Said affidavit shall be entered in the book, at the bottom
of the list, and signed by the collector. The oath may be
administered by any judge, justice of the peace, or notary
public.
" III. At any time previous to judgment, or if after
judgment, then previous to sale, as hereinafter provided, it
shall be the duty of the collector to receive payment of the
amount of taxes and costs due on any tract, when tendered,
and to note the fact opposite each tract upon which the taxes
and costs shall have been paid, by writing the words "paid
before judgment," or "paid before sale,"' as the case may be.
" IV. It shall be the duty of the city collector to attend
at the county court of Kane county, at the time specified in
cities. 249
the notice of the intended application for judgment, present
his list, and apply to the court for judgment to be entered
thereon against the delinquent lands and lots and parts of
lots, npon which the taxes and costs have not been paid at
the time of judgment. At or before the time of presenting
his application for judgment, the collector shall make an affi-
davit, by him sworn to and subscribed, and shall enter the
same in the book, at the foot of the delinquent list, in which
he shall swear that he has given notice of the intended ap-
plication for the length of time and in one of the modes
hereinbefore provided, and he shall embrace a copy of the
notice in his affidavit. W, for any cause, the court shall not
be holden at the term at which judgment is prayed, the ap-
plication shall stand continued ; and it shall not be neces-
sary [to] re-advertise the list or notice; but at the next regular
term thereafter the court shall hear and determine the mat-
ter ; and, if judgment is rendered, the sale shall be made
in like manner as it would have been made if the applica-
tion had been made at that term.
" V. Upon obtaining judgment against such delinquent collector to sen.
lands and lots, or any portion thereof, and the precept or
order of said court, directing a sale, it shall be the duty of
the collector to proceed to sell such lands, lots or parts of
lots, as are embraced in the judgment, in the manner pro-
vided in the ninth, tenth and eleventh sections of article
two, concerning the collection of taxes, found on pages
ninety-four and ninety-five of the revised ordinances, the
common council having first fixed the time (a) of such sale,
by an order, to be entered on the records kept by the city
clerk.
" YI. The county clerk, for entering the delinquent list Fee of county
on the record, shall be entitled to six cents for each lot or
tract of laud so entered, and for furnishing a copy of the
record of the delinquent list, after judgment, and certifying
the same to the collector, as provided by law, he shall be
entitled to six cents for each lot or tract of land contained in
said list so certified. The collector, for making out the de- collector's fee.
linquent list for publication and carefully examining and
correcting the proof sheets of the same, shall be entitled to
five cents for each lot or tract of land contained in said list;
and for each lot sold he shall be entitled to eight cents.
The city clerk, for assisting the collector in selling, keeping Fee of city clerk.
a record of the sales, and issuing a certificate to the pur-
chaser, as required by the amended charter of said city,
shall be entitled to thirty cents for each lot or tract of land
contained in said certificate; and the city clerk shall be
allowed the same percentage on all taxes by him collected,
after the return of the books by the collector, and before
judgment, as is by law allowed the collector. The printer, Printer's pay.
for publishing the notices and delinquent list, under the di-
rection of the collector, shall be entitled to ten cents for
—21
250
CITIES.
Fees, how col-
lected,
Sentence repeal-
ed.
By-laws and or-
dinances.
Act amended.
First ward.
Second ward.
Third ward.
Fourth ward.
Fifth ward.
each lot, fractional lot, sub-division of lot or tracf of land, so
published, to be paid by the city, and afterwards to be taxed
and collected as other costs against the land.
" YII. The above fees shall be taxed and collected, as
costs, against the lots and lands advertised or sold, and shall
be abided to the tax against each lot or tract of land, respec-
tively.
" Section eight, and the first sentence of section nine, of
article II, of chapter I, of the revised ordinances, be and
the same are hereby repealed.
" H. F. VAN NORTWICK, City Clerk.
" 1736— $19 51
"Passed December 26th, a. d. 1863,"
be and the same is hereby declared to be a part of the char-
ter of said city of Aurora, and to be legally binding and
valid as such.
§ 9. The common council shall have power to make,
publish, ordain, amend or repeal all such ordinances, by-
laws and regulations not repugnant to the constitution of
this state, which they may deem necessary and expedient to
carry into effect the powers given in this act, and enforce
the observance thereof, in the manner provided in the act to
which this is an amendment.
§ 10. That all and every part of the act to which this is
an amendment shall be and remain in full force, validity and
effect, except those parts which are in conflict, or inconsis-
tent herewich, and those are so far modified as to be consis-
tent with this act: JProvided, that no proceedings had or
pending under said act shall be invalidated by the passage
of this act, but may be completed under said act, or this act.
§ 11. Section three of chapter one of said act is hereby
amended, that it shall read as follows :
The first ward shall comprise all that part of the city
lying north of the center of Spruce street, in the west divi-
sion.
The second ward shall comprise all that part of the city
lying south of.the first ward, and north of the center of Ga-
lena street, in the west division.
The third ward shall comprise all that part of the city
lying south of the second ward, and north of the south line
of Holbrook's addition, in the west division.
The fourth ward shall comprise all that part of the city
lying south of the third ward, and north of the south line
of the city, in the west division.
The fifth ward shall comprise all that part of the city, in
the east division, which is included in the following bounda-
ries, to wit : Commencing at the north line of the city
limits at its junction with Fox river, thence east On said
line to its junction with Mountain street ; thence south-
westerly along the centre of said street to its divergence
CITIES. 251
west ; thence in a direct line to the north end of Second
street ; thence along the center of said street to Liberty
street; thence along the center of said street to Mann
street ; thence along the center of Mann street to Claim
street ; thence along the center of Claim street to the west
end thereof; thence in the same direction to Fox river;
thence northerly, along the channel of Fox river, to the
place of beginning.
The sixth ward, all that part of the city, in the east divi- sixth ward,
sion, lying north of Claim street and east of the fifth ward.
The seventh ward shall comprise all that part of the city, seventh war*,
in the east division, lying between Claim street and Main
street, and west of Root street.
The eighth ward shall comprise all that part of the city, Eighth ward,
in the east division, lying between Claim street and Main
street, and east of Root street.
The ninth ward shall comprise all that part of the city,. Ninth ward,
in the east division, lying south of Main street, and north
of a line running through the center of Washington street,
east from Fox river, through lots 7 and 10 to the south line
of Jenks' addition ; thence east on said line to Jackson
street, and between Anderson and Jackson streets, on the
east, and the west channel of Fox river, on the west.
The tenth ward shall comprise all that part of the city, Tenth ward.
in the east division, lying south of Main street, and east of
Anderson and Jackson streets.
The eleventh ward shall comprise all that part of the city, Eleventh ward.
in the east division, lying between Fox river and Jackson
street, and south of ward nine.
§ 12. Section one of chapter two of the said act is Act amended,
hereby amended, so that it shall read : " That the munici-
pal government of the city shall consist of a common coun-
cil, composed of the mayor, and one alderman from each
ward ; and each of said aldermen to be a resident of the
ward he represents." The other officers of the city shall
be the same as provided in said section.
§ 13. At the first annual election in said city which shall Fi,rs\. anmaal
ii .i . • ij> elections
take place after the passage oi tins act — to wit : on the first
Tuesday of March next — there shall be elected by the quali-
fied voters of the said wards of said city, one alderman in
and for each of the wards above described and provided for
in this act, to hold their offices for two years, respectively,
excepting wards eight and eleven, to hold their offices one
year ; with the further exception of wards two, four, five
and nine, which said last-mentioned wards shall be repre-
sented in the common council of said city, until the annual
election of said city in the year 1866, by the aldermen who
now represent, in the present common council of said city,
that part of the city included in said wards, and who have
already been elected to serve as aldermen of said city until
the annual election of 1866. And at the annual election of AaJ°uca' election
of 1866.
9^9
CITIES.
Act amended.
1866, there shall be elected in each of the said wards two,
four, five, eigUt, nine and eleven, by the qualified voters
thereof, respectively, one alderman in and for each of said
wards, to hold their offices for two years, respectively.
§ 14. Section five of chapter two of said act is hereby
wards, ho>y rep- amended, so that it shall read as follows: The several
wards of the city shall be respectively represented in the
common council by one alderman, who shall be a resident
of the ward he represents; and each of said aldermen shall
hold their offices, respectively, for two years from and after
their election, except the aldermen going out of office at the
annual election of 1866, as above provided for, and until
the election and qualification of their successors. If from
any cause there shall not be a quorum of aldermen, the
clerk shall appoint the time and places of holding a special
election, and appoint inspectors thereof, if necessary. If
any alderman removes from the ward represented by him,
his office shall thereby become vacant.
§ 15. The said city clerk of said city shall give notice,
in the manner now required in city elections, of the time
and place of the election to be holden on the first Tuesday
of March, a. d. 1865, to elect seven (7) aldermen, to wit:
One alderman from each of the following wards : wards
one, three, six, seven, eight, ten and eleven, as above in the
act provided. And the said city clerk shall fix upon and
insert in said notices of said election, a place in each of said
wards, respectively, where the election of the alderman to
represent each of said respective wards shall be held ; and
in case the common council of said city shall neglect to ap-
point inspectors of the elections to be held, as aforesaid, in
the said several wards, then the qualified voters of said
wards, respectively, shall, on the day of said election, in
each of the said respective wards, chuose, viva voce, their
inspectors of the election in and for 1heir respective wards ;
who shall have all the powers and perform all the duties
required usually of inspectors of elections in said city.
§ 16. All acts and parts of acts heretofore passed, which
conflict wdth or are inconsistent with the provisions of this
act, are hereby repealed.
§ 17. This [act] shall take effect and be in force from and
after its passage.
Approved February 10, 1865.
Clerk to give no-
tice of election.
Election of
dermen.
In force Feb. 15, AN ACT to amend the city charter of the city of Beardstowu.
1865. ' J
Section 1. Be it enacted by the People of the State of
jurisdiction of Illinois, represented in the General Assembly, That the
police magis- . -i l n 1 j. ^ ■
trate. city council shall have power to designate one or more jus-
cities. 253
tices of the peace or police magistrates in said city, who
shall have jurisdiction in any action for the recovery of any
fine, penalty or forfeiture under the city charter, and the
amendatory acts thereof, or any ordinance, by-laws or police
regulations — anything in the laws of this state to the con-
trary notwithstanding. Such justice shall have power to
impose fines and penalties, not exceeding the amount au-
thorized by the constitution or the laws of the state.
§ 2. To suppress and restrain disorderly houses and Fc°^ra of «>un-
groceries, and houses of ill fame, or any boats, barges or
vessels of ill fame, stopping, mooring or anchoring in the
Illinois river, or on either shore of said river, or on the in-
lets thereof, and to authorize the taking of such boats, ves-
sels or barges, and the arresting of all the inmates thereof,
by any of the officers of the city, and bring the same to a
speedy trial before the authorized tribunals of the city: Proviso.
Provided, that, for the purposes of this section, the Illinois
river and its inlets, and the land, adjacent thereto, or within
one hundred rods thereof, within five miles of the city, shall
be deemed to be within the jurisdiction of the city.
§ 3. All corporations, companies or associations, not in- Foreign insu-
corporated under the laws of this state, engaged in said city ntesTto pay <$ty
in effecting fire, marine or life insurance, shall pay to the tax'
city treasurer the sum of two dollars upon the hundred dol-
lars, and at that rate upon the amount of all premiums
which, during the half year ending on every first day of
July and January, shall have been received or have been
agreed to be paid for any insurance effected or agreed to be
effected in said city, by or with such corporations, companies
or associations, respectively. Every person who shall act semi-annuai re-
in said city as agent, or otherwise, tor or in behalf of any Iml °f pre
such corporation, company or association, shall, on or before
the fifteenth day of July and January in each year, render
to the city council or treasurer a full, true and just account,
verified by his oath, of all premiums which, during the half
year ending on every first day of July and January preced-
ing such report, shall have been agreed to be paid for or in
behalf of any such corporation, company or association, and
shall specify in said account the amounts received for fire,
marine and life insurance, respectively. Said agents shall Tax, when paid.
also pay over to the city treasurer, at the time of rendering
the afoiesaid account, the amount of rates for which the
company or companies represented by them are severally
chargeable by virtue hereof. If such account be not ren-
dered on or before the day hereinbefore designated for that
purpose, or if the said rates shall remain unpaid after that day,
it shall be unlawful for any corporation, company or asso-
ciation, so in default, to transact any business of insurance
in said city, until the said requisition shall have been fully
complied with; but this provision shall not relieve any
company from the payment of any risk that may be taken
254: cities.
indictment and in violation hereof. Any person or persons violating- any
of the provisions of this section shall be subject to indict-
ment, and, upon conviction thereof in any court of compe-
tent jurisdiction, shall be fined in any sum not exceeding
one thousand dollars, or imprisoned not exceeding six
months, or both, in the discretion of the court. Said rates
may also be recovered of such corporation, company or
association, or its agent, by action in the name and for the
use of said city, as for money had and received for its use.
§ 5. This act shall not invalidate any legal act done by
the city council of the city of Beardstown, or by its officers,
nor divest their successors under this act of any rights of
property or otherwise, or liability, which may have accrued
to or been created by said corporation prior to the passage
of this act.
§ 6. No person shall be an incompetent judge, justice,
witness or juror, by reason of his being an inhabitant or
freeholder in the city of Beardstown, in any action or pro-
ceeding in which said city is a party in interest.
vagrants and § 7. The city council shall have power to authorize the
taking up and punishing of all vagrants, prostitutes, strag-
glers, idle and disorderly persons, who shall be found loiter-
ing or strolling about public places, where liquor is sold, or
leading an immoral or profligate course of life, and to au-
thorize the confinement of any such person or persons in
the work house, or house of correction, or in the jail of the
county of Cass, at the expense of the county, for a period
not exceeding three months at any one time.
§ 8. All amounts, when properly allowed by the city
council, may be drawn in such sums as the party entitled
thereto shall desire, by the authorized officers of the city.
§ 9. 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.
§ 10. This act shall be in force from and after its passage.
Approved February 15, 1865.
idlers.
In force April 17, AN ACT to amend the charter of the city of Belleville.
18G5.
Section 1. Be it enacted oy the People of the State of
Illinois, represented in the Gerieral Assembly, That the city
Power to license, of Belleville shall have power, within the jurisdiction of
said city, by ordinance, to license, tax, regulate and suppress
bagatelle or Jenny Lind tables, or any other similar table.
Buildings ana § 2. To regulate and prescribe the erection of buildings,
regulating the thickness of walls of houses, and the build-
ing of fire walls ; also, to regulate and prescribe the speed
cities. 255
of locomotives and railroad trains within the limits of the Railroads,
city, and prescribe and regulate the mode of crossing streets
by locomotives and railroad trains.
§ 3. The county court of St. Clair county may, at its county court
t ,• • . 11 i ,• i.i i_v may make roads
discretion, appropriate a reasonable share ot the public
revenue collected for county purposes, for the improvement
.of roads, streets and bridges in the city of Belleville, and
leading to said city.
§ 4. The term of office of the mayor of the city of Mayor's term of
Belleville shall be two years from and after the next regular °mce'
election ; and he shall hold his office for two years, and
until the election or appointment and qualification of his
successor.
§ 5. The salary of the mayor of said city shall not be salary of mayor,
more than five hundred dollars per annum; and no alder- Alderman's fee.
man shall receive more than one hundred dollars per annum
for any services rendered by him as a member of the city
council.
§ 6. The city council shall have power to levy and col- Annual taxes,
lect, annually, taxes, not exceeding seven mills to the dollar,
on all assessed value of real and personal estate and pro-
perty within the city, and all personal property of the inhabit-
ants thereof, made taxable by the 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 a general fund ; also, to levy and collect a special tax.
special tax on all property described above, of not exceeding
three mills on the dollar, which three mills shall constitute
a sinking fund, to be wholly applied in the payment of the Tax, how applied
bonds of the city, due or maturing, and for no other purpose
whatever ; and the treasurer of the city of Belleville shall
be held responsible for the faithful disbursement of such
special fund for the purposes hereinbefore mentioned.
§ 7. The city council shall have power, and is hereby May issue bonds,
authorized and empowered, to issue bonds, not to exceed
the sum of one hundred thousand dollars, drawing interest
not exceeding ten per cent, per annum. The proceeds of
such bonds may be subscribed by the city of Belleville as
stock in any hydraulic or water works which may hereafter
be constructed, or loan said bonds unto any hydraulic or
water works company. All acts or parts of acts relating fto'l conflicting acts
• • i • repealed
and incorporating said city, or any amendments thereto,
conflicting herewith, are hereby repealed : Provided, that, Proviso,
before any such bonds are issued, the question shall be sub-
mitted by the city council unto the people of said city ; and vote on act.
if a majority of the voters voting thereon shall vote against
the issuing of such bonds, then, and in that case, such bonds
shall not be issued.
Approved February 15, 1865.
256 cities.
In force April 18, AN ACT to amend the charter of the city of Centralia.
1865.
Section 1 . Be it enacted by the People of the Slate of
Illinois, represented in the General Assembly, That section
Sec. 4 amended, four, of article two, be amended by striking out "five thou-
sand,'' and inserting " three thousand."
sec. s amended. § 2. Section three, of article four, is hereby amended
by striking out " one year," and inserting "six months."
sec 1 amended. § 3. Section one, of article five, is hereby amended by
striking out the words "one-fourth," so as to read, " not to
exceed one per cent, per annum upon the assessed value
thereof."
sec. 12 amended. g 4. Section twelve, of article eight, is hereby amended
by striking out " two hundred and fifty," and inserting " live
hundred."
Approved February 16, 1865.
In force Feb. 16, AN ACT to amend an act entitled " An act to charter the Citv of Chairj-
1S65- paign," approved February 21, 1861.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
sec. 4 amended, four, of article five, of an act entitled "An act to charter the
City of Champaign," approved February 21st, 1861, is
hereby so amended that the city council of said city shall
have power to issue and negotiate any such bonds as men-
tioned in said section, bearing any rate of interest not ex-
ceeding the rate of ten per cent, per annum, instead of eight
per cent, per annum, as heretofore required in certain cases.
Article 6 and sec- § 2, Article six and section three, of article eleven of
tion 6 amended. ,°. , i i 1 1 • m ■• • ■
said act, are hereby so amended that the city council ol said
city shall have power, by ordinance or resolution, to fix the
amount of money to be paid, in lieu of labor, upon the streets,
alleys and highways of said city, at any sum not less than
two, nor more than six dollars ; and incase any person,
liable to perform such labor, shall fail or refuse so to do,
when duly notified by the city supervisor, and shall fail for
live days after the first day appointed by such notice for
such labor, to pay to the city supervisor, or the city trea-
surer, the amount of money which may be so fixed by the
city council, the amount of money so fixed, together with
fifty per cent, thereof, for damages, may be collected of
him, by suit, in the name of the city, before any court of
competent jurisdiction, with costs of suit, and no set off shall
be allowed in any such suit ; or said amount of money, and
damages, may be collected in the same manner as other
taxes. It shall be sufficient publication of the notice re-
cities. 257
quired by said section three, article eleven, to be published
for ten days in the newspaper publishing the ordinances of
the city, to publish such notice once in such newspaper,
which publication shall be at least ten days before the first
day appointed in said notice, for laboring on such streets,
alleys or highways.
§ 3. Section eleven of article eleven, of said act, is here- sec. u amended.
by so amended that it shall be sufficient publication of any
•ordinance, regulation or by-law, required by said section
■eleven, to be published three days in the newspaper pub-
lishing the ordinances of the city, to publish the same in
such newspaper at least once ; but no such ordinance, regu-
lation or by-law, shall take effect, or be in force, until three
days after such publication. Such publication may be Proof of notice,
proved by any competent evidence, and proof of such pub-
lication, by the affidavit of the printer or publisher of such
newspaper, taken before any officer authorized to adminis-
ter oaths, and filed with the city clerk of said city, shall be
conclusive evidence of the legal publication and promulga-
tion of such ordinance, regulation, or by-law, in all courts
and places ; all ordinances, regulations and by-laws, which
have been heretofore printed and published, as herein pro-
vided, shall be taken and considered in all courts and places
as having been legally and sufficiently printed and pub-
lished.
§ 4. Section nineteen of article eleven, of said act, is sec. 19 amended*
hereby so amended that any of the ordinances, regulations,
or by-laws, of said city, when printed and published by au-
thority of the city council, shall be received in evidence in
all courts and places, without further proof, and the certifi-
cate of the city clerk, under the corporate seal of the city,
shall he prima facie evidence of such printing and publica-
tion. The ordinances, regulations and by-laws of said city, ordinances and
which have been, or may hereafter be published in book or by~iaws-
pamphlet form, such book or pamphlet purporting, by its
title, to be published by authority of the city council of said
city, shall be received in all courts and places as prima
facie evidence of the due passage, printing and publication,
and promulgation of such ordinances, regulations and by-
laws.
§ 5. Whenever the city council of said city shall law- citynaii, mark-
fully determine, by ordinance or resolution, to be entered * ' e
upon the journals, to erect a city hall, market, hospital,
city prison, or workhouse, or to purchase any market
grounds, public squares or parks, or to grade, pave or plank
any street, or part thereof, or to erect lamps and posts, and
light the streets in any district or ward, or upon any other
improvement for which they are authorized by law to levy a
tax, and the estimated costs of such improvements shall be
greater than the estimated amount to be received from the
tax authorized by law to be levied for that purpose, at one
—22
25S
CITIES.
May levy tax. time, they shall have the power to levy and collect such tax
ou all the property subject to taxation in the city, or in the
proper division, ward, or district thereof, annually, until a
sufficient amount of money shall have been received from it
to pay the expenses of such improvement, or so much of
such expenses as any such division, ward or district may be
liable by law to pay ; or they may borrow money to an
amount equal to the estimated cost of such improvement,
not exceeding the amount to which they are by law author-
ized to issue the bonds of the city, and proceed with such
Annual tax. improvement with the money so borrowed, and may annu-
ally levy and collect the rate of tax so authorized by law for
that purpose, on all property subject to taxation in the city,
or in the proper division, ward, or district thereof, until the
money so borrowed, or the proportion thereof proper to be
paid by any division, ward or district of the city, and the
interest thereon, shall be received.
Fire engines. § 6. The city council of the city of Champaign shall have
power, within the city, to levy and collect a tax, not exceed-
ing five mills on the dollar, on all property taxable for state
purposes, for the purpose of procuring lire engines, hooks,
ladders, and all other apparatus used for the extinguishment
of fires, to be collected as other taxe^.
sec. 9 amended. g f. Section nine of article nine of said act is hereby so
Notice of sale, amended that the collector shall advertise such premises as
therein mentioned, for sale, in the newspaper publishing the
ordinances of said city, at least three times, the first of which
advertisement shall be at least thirty days before the day of
such sale, describing the premises, by figures or otherwise,
with the name of the owner, (when known,) and- the several
amounts of the taxes and assessments thereon, and costs ; said
notice shall also contain the time and place of sale.
publication of § 8. Section two of article seven of said act is hereby so
amended, that it shall be sufficient publication of the notice
thereby required to be published for ten days in the news-
paper publishing the ordinances of the city, to publish such
notice twice in such newspaper, the first publication to be
at least ten days previous to the choice of commissioners, as
Notice. provided by said section two. Section three of said article
seven is hereby so amended, that it shall be sufficient publi-
cation of the notice therein required to be published by
the commissioners, to publish such notice in the news-
paper publishing the ordinances of the city, at least once;
which publication shall be at least five days before said
Notice. commissioners enter upon their duties. Section five of
said article is hereby so amended, that it shall be sufficient
publication of the notice therein required to be published,
to publish such notice once in the newspaper publishing
the ordinances of the cit}^ such publication being at least
five days previous to the day named in said notice for per-
sons interested to appear and give notice to the city council
cities. 259
of their election as required by said section. The five Posted notice.
da}rs public notice required to be given by section six of
said article, may be given by posting up written or printed
or partly written and partly printed notices of such sale,,
in at least three of the most public places in said city, or
by publishing such notice once in the newspaper publish-
ing the ordinances of said city, which publication shall be
at least five days before the day of sale.
§ 9. Section eleven of article seven of said act is hereby Notice of asse*s-
so amended that it shall be sufficient publication of the no-
tice therein required to be given by the clerk, to publish the
same at least twice in the newspaper publishing the ordi-
nances of the city, the first of which publications shall be at
least ten days before the day specified in said notice for the
confirmation of the assessment, and in addition to the pro- Damages and
,> . , ,. , 1,1 •• l benefits.
visions ot said section eleven, when the commissioners ap-
pointed for assessing the damages and benefits, for making,
opening, widening, straightening, or altering any street,
alley or highway, or public ground or square, shall have re-
ported their assessment of damages and benefits to the city
council, and the city council shall have approved the same,
such assessment may, at any time thereafter, be collected of Assessment, h..»
the owner of the lot, laud, or premises against which the
same is assessed, and recovered, by suit in the name of the
city, before any court having jurisdiction ; or the city coun-
cil may, by the passage of ordinance or resolution, to be
entered at full upon the journals by the city clerk, levy and
assess the amount of such assessment against the land, lot,
or premises against which the same is assessed by the com-
missioners, and direct that a warrant issue for the collection
of the same ; and such warrant shall be collected by the sale iands to be sold
of the lands, lots, or premises, against which assessments are foras9essments
made, in the manner provided in the ninth article of said
act, (and such amendments as may be made thereto) for the
collection of taxes and assessments, and such assessments
shall be a lien in the manner provided in the fourth sec-
tion of said article nine. The ordinance or resolution of the
city council levying such assessments shall contain a correct inscription or
list and description of the lands, lots, or premises, in figures
or otherwise, with the name of the owner thereof, (if known,)
and the amount assessed against each tract of land, lot or
premises set opposite thereto.
§ 10. The commissioners appointed to assess the damages Land deeded by
for making, opening, widening, straightening or altering any
street, alley or highway, or public ground or square, when
all the proceedings shall have been completed, and the dam-
ages paid or tendered to the owner of the land taken or
deposited to his or their credit in the manner required by
law, shall by deed convey to the city the lands, lots and real
estate so taken, and such deed shall vest such lands, lots and
real estate in the city for the use of the public, and shall be
260 CITIES.
conclusive evidence that all proceedings were in conformity
with the charter and ordinances of said city.
Re-survey of city § 11. The city council of said city may cause the re-
survey of said city, or any part thereof, or addition thereto,
and may correct any errors which may be found in the
original surveys of the same, and may cause all lands and
real estate within the city to be surveyed and correctly des-
cribed, by metes and bounds, or otherwise, ordesignated by
numbers, so as to be properly assessed for taxation, and may
Numbering lots regulate the numbering of blocks and lots in the city, and
and blocks. ^]ie nmnrjering of the lots and blocks, or lands, not already
numbered, or which may hereafter be laid out or subdivi-
ded, and may cause maps or plats of such lands, blocks or
lots, to be made and recorded, and the number or other des-
ignation of such lands, lots, or blocks upon such map or
plat, shall be a good and valid description thereof, in all
conveyances, assessments or tax lists, or other proceedings.
Additions to, § 12. The city council shall have power to adopt a plan
how made. for the laying out and platting of all additions which may
lie made to the city, or of subdivisions of lands lying within
the city, so as to establish regularity and uniformity in the
streets, alleys and highways of the city, and to require that
all additions which maybe laid out or platted, shall conform
to such plan, and no map or plat of any addition to such
city, or of any lands or lots adjoining it, or of any subdivision
of the same, shall he entitled to record, or be recorded in the
office of the recorder of Champaign county, until the same
shall have been approved by the city council of said city,
piats to be ap- and all such additions or subdivisions shall be null and void
council.13'' °lty nntil a correct map or plat thereof shall be approved by the
city council of said city.
Damages for ne- § 13. The city council shall not be liable for any dam-
ages or injury arising from the bad condition of the side-
walks, crossings, streets, alleys or highways of the city by
reason of the neglect of the proper officers of the city to re-
pair the same, until the supervisor of the city shall have
been notified thereof, and shall have failed to repair the
same, within a reasonable time alter such notice.
jurisdiction of § 14. The city council of the city of Champaign shall
police justices. ])ave p0wei.5 Dv ordinance, or resolution, to designate one or
more justices of the peace in said city, who shall have, con-
currently with the police magistrate of said city, jurisdiction
of any action for the recovery of any tine, penalty or for-
feiture under the charter, or any amendment thereto, or any
ordinance, regulation, or by-law of said city, where the
Rules of practice amount claimed does not exceed one hundred dollars. The
rules of practice before such justice of the peace, in such
cases, shall be the same as prescribed for police magistrates,
and all process or orders issued or made by him shall be
executed by the officers empowered to execute process or
orders of a police magistrate.
CITIES.
261
§ 15. The city marshal and police constables of the city Jurisdiction
,•7-^1 • i ,i m nil marshal, etc.
ot Champaign, and other officers empowered by law to exe-
cute process issuedjjby the police magistrates, justices of the
peace, or other courts, in cases arising under the charter or
ordinances of the city, may serve and execute the same
within the limits of the -county of Champaign, and may re-
ceive the same fees for mileage, as are allowed to county
constables in similar cases.
10. The city may sue and declare, in the manner pro- r™
es and for-
feiture-
of vio-
f charter
vided in section twelve of article eleven of said act, for several
fines, penalties and forfeitures fur violations of the charter or
ordinances of the city, at the same time, and recover judg-
ment for as many offenses as may be proven, not exceeding
the jurisdiction of the court, and may join several defend-
ant.-, and recover against as many of them as are proved
jointly to have committed such violations.
§ 17. Section thirteen of article eleven of said act, is p™c«s fo rjjo.
hereby so amended that in all prosecutions for the violation nance.
of the charter of said city, or any amendment thereto, or for
the violation of any ordinance, regulation, or by-law of said
city, the first process shall be a summons, unless oath or
affirmation be made for a warrant, as herein required : Pro-
vided, no process shall be necessary when the defendant is
legally arrested, without warrant, and brought before the
court, but in such cases an entry of the cause, time and
place of the arrest shall be made upon the docket of the
court, and trial shall be had in the same manner as if pro-
cess had been issued.
§ 18. Upon affidavit being made before any proper Affidavit
f»« i i . , F -, ,i , i i . j? 'J lationof
officer, by any person, ot the violation of the charter oi said
city, or any amendment thereto, or any ordinance, regula-
tion, or by-law of said city, by any other person, stating the
nature of the violation, and that the offender is a non-resi-
dent of the city, or is about to leave, or remove from the
city, or that there is danger that the debt or penalty will be
lost to the city, unless the defendant be arrested, and held
to bail, or if it shall appear from the affidavit that the offense
committed is an assault, breach of the peace, or other offense,
in which a warrant is authorized by the laws of the state,
a warrant may be issued for the person accused, which
shall contain a brief statement of the nature of the
offense, and the title of the ordinance, regulation, or
by-law, and the section or sections or clause of the
charter, ordinance, regulation or by-law, under which
the action is brought, and shall be in other respects sub-
stantially like the warrant authorized to be issued by jus-
tices of the peace, by the twenty-second section of chapter
fifty-nine of the Revised Statutes of the state, and any person
arrested on such warrant may give bail with like effect, and
the same proceedings may be had thereon as in other cases Proceedings
of special bail, until otherwise provided by the city council.
262 cities.
cause continued § 19. "When any person shall be legally arrested, with-
out warrant, and be taken before the police magistrate, or
any justice of the peace designated by the city council,
as aforesaid, and shall be desirous to postpone the trial of
the action against him, the court may, for good cause shown,
Proviso. upon oath, continue such cause: Provided, the defendant
shall, if required by the court, give bail, with good security,
fur his appearance at the trial, or remain in custody.
Execution on § 20. Execution may issue immediately upon the ren-
dition cf judgment in favor of the city for any such fine,
penalty, or forfeiture, of the tenor and effect required by
section fourteen of article eleven of said act, but the defend-
ant shall stand committed until such fine, penalty, or for-
feiture, is discharged, either by a surrender of sufficient pro-
rroviso. perty on the execution, or by confinement or by payment
thereof: Provided, the city council of said 'city may remit
such line, penalty or forfeiture, or release such defendant
from custody, either or both, by a vote of two-thirds of the
aldermen elected ; but a release from custody only shall not
discharge such defendant from the payment of such tine,
penalty, or forfeiture, and costs.
costs, how paid. § 21. The city of Champaign shall not be liable for costs
in any case arising under the charter and ordinances of said
city, in any event, and the city council may provide for the
payment of the police magistrate, justices of the peace, po-
lice officers, and constables of a sum of money in gross, in
lieu of all fees and costs.
city may appeal. g 22. The city may appeal in all cases arising under the
charter and ordinances of the city, without giving security,
and the mayor, in cases of appeal by the city, shall execute
a bond, in the name of the city, under the corporate seal,
without securities, and a resolution or ordinance of the city
council, authorizing the same, shall be sufficient authority
therefor, nor shall the city, in any case, be required to file
bonds or security fur costs.
§ 23. Transcripts of judgments rei-dered in cases arising
under the charter or ordinances of said city, may bo taken
from the dockets of the police magistrate, or justices of the
peace, and tiled in the office of the clerk of the circuit court
of Champaign county, and shall have the same effect as
transcripts in other cases, and execution shall be issued
thereon and collected in like manner.
§ 21. The city council of the city of Champaign shall
have power to prescribe the forms of process to be used in,
and rules of practice fur the government of police magis-
trates and justices of the peace, in cases arising under the
charter or ordinances of the city, and to fix and regulate
the fees and compensation of jurors, witnesses, and others, for
services rendered in such cases.
publication of § 25. Whenever, by the terms of the act to which this
1JOtice- is an amendment, a notice or advertisement is required
CITIES.
263
or authorized to be published in a newspaper, for any num-
ber of days, not exceeding ten, it shall be sufficient to pub-
lish such notice in such newspaper once ; when such notice
or advertisement is required by said act to be published
more than ten days, and less than twenty-one days, it shall be
sufficient to publish it twice; and when such notice is requi-
red to be published for any number of days exceeding
twenty-one, it shall be sufficient to publish it three times ;
and in all cases, where the publication is by said act required
to be made any number of days or length of time, before
any other time, or act to be done, the first publication here-
in required, shall be made as long before such time or act.
§ 20. This act shall be deemed a public act, and may be
read in evidence without authentication, and judical notice
shall be taken thereof in all courts and places, and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the City of Charleston, in Coles countv. In force Feb. 0,
F J ' • 1865.
ARTICLE I.
OF THE BO CND ARIES.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the town of Charleston, in the county of c.uy of chariM-
' •» . ton.
Coles, and state of Illinois, be and they are hereby consti-
tuted a body politic and corporate, by the name and style
of the "City of Charleston;" and by that name shall have
perpetual succession ; may sue and be sued, plead and be Powers.
impleaded, in all courts of law and equity ; and may have
and use a common seal, and alter and change the same" at seal.
pleasure.
§ 2. The following district of country shall be included Boundaries,
within the boundaries of said city of Charleston, to wit :
Sections ten and eleven and the north halves of sections
fourteen and fifteen, in township twelve north, range nine
east of the third principal meridian.
§ 3. Any tract of land adjoining said city of Charles- AddU5on&-
ton, which may hereafter be laid off into town lots, and
duly recorded, shall be annexed to and form a part of the
city of Charleston.
§ 4. The inhabitants of said city, by the name and style Burial grounds,
of the " City of Charleston," shall have power to purchase
and hold both real and personal property in said city ; and
to purchase and hold real property, beyond the limits of
said city, for burial grounds, for the use of sail inhabitants;
264
CITIES.
and to sell, lease, convey and improve property, both real
and personal, for the use of said city, and to do all things
in relation thereto as natural persons.
ARTICLE II.
City council.
Qualifications.
Contested
tions.
Taoancies.
Oath of officers.
Time and place
of meeting.
OP THE CITY COUNCIL.
§ 1. There shall be a city council, to consist of a presi-
dent and four councilraen.
§ 2. The board of councilmen shall be elected by the
qualified voters of the city, and shall serve for one year.
§ 3. No person shall be a member of the city council
who is not at the time of his election a resident of the city,
twenty-one years of age, a citizen of the United States, or
who shall not at the time of his election have been a resi-
dent of the State for twelve months, and be a freeholder of
said city.
§ 4. The city council shall judge of the qualification,
election and return of its own members, and shall deter-
mine all contested elections, and a majority shall constitute
a quorum.
§ 5. The city council shall have power to determine the
rules of its proceedings, punish its members for disorderly
conduct; shall keep a journal of its proceedings, and the
yeas and nays shall be entered on the journal when de-
manded by any member.
§ G. All vacancies that may occur in the city council, du-
ring the year, shall be filled by the council.
§ 7. The president and council shall take an oath, before
entering upon the duties of office, that they will well and
truly perform the duties of their office, to the best of their
skill and abilities, and such other oaths as the constitution
and laws of the state may require.
§ 8. The city council shall meet at such times and pla-
ces as may be prescribed by ordinance.
ARTICLE III.
Or THE PRESIDENT.
President, how
elected.
Eligibility.
Vacancy.
§ 1. The chief executive officer of the city shall be a
president, who shall be elected by the qualified voters of
the city, and shall hold his office for two years, and until
his successor shall be elected and qualified.
§ 2. No person shall be eligible to the office of president
who shall not have been a resident of the city for one year
next preceding his election, who shall not be at least twenty-
five years of age, who shall not be a citizen of the United
States, and who shall not be a freeholder in said city.
§ 3. Whenever any vacancy shall occur in the office of
president, it shall be filled by election, and in all contests as
to the election of president, the council shall decide.
cities. 265
§ 4. The president shall preside at all meetings of the casting vote.
council, and shall have the casting vote only; and, in case
of his absence, a chairman, pro tern., shall be appointed by
the council.
§ 5. The president, or any two councilmen, may call special meetings
special meetings.
§ 6. The president is hereby authorized to call on all pe°dsse> hovr st-
able bodied male inhabitants of said city, over the age of
eighteen years, to aid in enforcing the laws and ordinances;
and any person who shall not obey such call shall forfeit and
pay to the city a tine, not exceeding ten dollars.
§ 7. The president shall be conservator of the peace of p°^etrs of presi"
said city ; shall have power, generally, to administer oaths
and to issue writs and process, under the seal of the city ;
to take depositions, the acknowledgment of deeds, mort-
gages and other instruments in writing, and certify the
same, under the seal of the city, which shall be good and
valid in law ; and he shall receive for such services the same
fees as the clerk of the circuit court.
§ S. He shall have exclusive jurisdiction in all cases jurisdiction.
arising under this charter and the ordinances of the city,
and concurrent jurisdiction with justices of the peace of
Coles county ; and for such services he shall receive the •
same compensation as justices of the peace : Provided, the
city council may designate a justice of the peace, residing
in said city, who shall have jurisdiction in case of a vacan-
cy in the office of president or his sickness or absence.
§ 9. In case the president shall be guilty of a willful and indictment of
palpable omission, or shall willfully and corruptly be guilty PreEldent
of oppression, mal-conduct or partiality in the discharge of
his duties, he shall be liable to indictment in the circuit
court of Coles county, and upon conviction, shall be fined
not exceeding two hundred dollars, and the court shall
have power, upon the recommendation of the jury who
may try said indictment, to add to the judgment of the
court that he be removed from office.
§ 10. In all cases before the president, arising by ordi- Appeals allowed,
nance or otherwise, appeals shall be allowed to the circuit
court of Coles county, in the same manner as in similar
cases before justices of the peace.
ARTICLE IV.
OF THE LEGISLATIVE POWERS OF THE COUNCIL.
§ 1. The city council shall have power to levy and col- Power t0 iev-'
lect taxes upon all property, real and personal, within the
limits of the city, not exceeding one-half per centum upon
the value thereof, and may enforce the payment thereof,
by ordinance, not inconsistent with the constitution and
laws of the state ; and the term "property," as used in this
266 cities.
act, shall be construed to mean the same as the word "prop-
erty," as nsed in the general revenue laws of this state.
cierk, treasurer, § 2. The city council shall have power to appoint a
clerk, treasurer, assessor, marshal, supervisor, collector, and
all other officers that may be necessary to carry out the ob-
jects of this act and the by-laws and ordinances passed in
pursuance thereof.
oath of officers. § 3. The city council shall have power to require of all
officers appointed in pursuance of this charter bonds, with
sufficient penalty and security, and also take an oath for the
faithful discharge of their duties.
To pay aei>ts. § 1. To appropriate money, and provide for the pay-
ment of the debts and expenses of the city.
HeaKh. § 5. To make all necessary regulations to secure the
health of the inhabitants of the city, to declare what shall
be a nuisance, and to prevent and remove the same.
cisterns and ^a- § 6. To provide the city with water, to dig wells and
cisterns, and to erect hydrants and pumps in the streets, for
the convenience of the public.
Sile^a and a' § ^' r^° °Perb alter, abolish, widen, extend, establish,
grade, pave or otherwise improve and keep in repair,
streets, squares, lanes, avenues and alleys.
Bribes. § 8. To erect and keep in repair bridges, to provide for
lighting the streets and erecting lamp posts.
watchmen. . § 9. To establish, maintain and regulate night watches.
Markets. § 10. To establish markets, erect market houses and
places, and provide for the government and regulation of
the same.
Buildings. § n. To provide for the erection of all needful build-
ings for the use of the city.
Puwic grounds. § 12. To provide for inclosing, improving and regula-
ting all public grounds belonging to the city.
License and tax. § \% To license, tax and regulate auctioneers, mer-
chants, grocers, retailers, taverns, ordinaries, saloons,
hawkers, peddlers, brokers, pawnbrokers and money chan-
gers.
carriages and § 14. To license, tax and regulate hackney carriages,
wagons, carts and drays, and fix the rates to be charged for
the carriage of persons and for the wagonage, cartage and
drayage of property.
Porters- § 15. To license and regulate porters.
shows. § 16. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
Bad houses. § 17. i«0 tax? restrain, prohibit and suppress tippling
houses, dram shops, gaming houses, bawdy and other dis-
orderly houses.
Gaming. § 18. To suppress gaming of all kinds, and to author-
ize the destruction of all implements and devices used for
the purpose of gaming.
Fires. § 19. To provide for the prevention and extinguishment
of fires, and to establish fire companies.
cities. 267
§ 20. To regulate the fixing of chimneys and the fines chimneys.
thereof.
§ 21. To regulate the storage of gunpowder and other render.
combustible materials.
§ 22. To establish standard weights and measures, and ■);''; rvl
regulate the same, to be used in the city, not repugnant to
the laws of this state.
§ 2d. To provide for the inspection and measurement Lumber,
of lumber and other building material.
§ 2-1. To provide for the inspection and weighing of hay, Hay and coal,
stone coal, and the measurement of charcoal and lire- wood.
§ 25. To provide for the inspection of beef, pork, Hour, Bi®f> pork antl
meal, butter, lard and other provisions.
§ 2'6. To provide for taking the enumeration of the in- c □ .
habitants of the city.
§ 27. To regulate the size of brick to be used and sold Brick,
in the city.
§ 28. To divide the city into wards, and specify the wards.
boundaries thereof, and create additional wards, as occasion
may require.
§ 29. To license, regulate and prohibit the sale or giv- Liquors.
ing away of spirituous, vinous, mixed, malt, and intoxicating
liquors, within the city.
§ 30. To compel the occupant of any grocery, cellar, Nuisances,
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 necessary for the health,
comfort and convenience of the inhabitants of the city.
§ 31. To license, tax, regulate, suppress and prohibit bil- BmUrd tabIe"-
liard tables, pin alleys, nine or ten pin alleys, and ball alloy-.
§ 32. To prevent and punish forestalling and regrating, Forestalling,
and to prevent and restrain every kind of fraudulent device
and practice.
§ 33. To prevent any riot or noise, disturbance or dis- rJot-
orderly assemblage, and punish persons guilty of assaults,
assaults and batteries and affrays.
§ 3-1 To prevent immoderate riding or driving in the rast fil'ivin?-
streets, to punish and prohibit the abuse of animals, and to
compel persons to fasten their horses, oxen, or other animals,
attached to vehicles, or otherwise, while standing on the
streets.
§ 35. To prevent the encumbering and obstruction of obsu-nciions.
the streets, lanes, avenues, alleys and public grounds.
§ 36. To restrain and regulate or prohibit the running cattle at large.
at large of cattle, horses, mules, swine, sheep, goats, and
geese, and to authorize the distraining and sale of the same,
for the penalty incurred and the cost of proceedings, and
also to impose penalties on the owners of any such animals,
for a violation of any ordinance in relation thereto.
§ 37. To prevent and regulate the running at large of u°s8-
dogs, to tax and to authorize the destruction of the same,
when at large, contrarv to ordinance.
268 cities.
Trees. § 38. To direct and regulate the planting and preserv-
ing of shade and ornamental trees in the streets and public
grounds.
cellars ana sinks § 39. To till up, drain, cleanse, alter, relay, repair, and
regulate any grounds, yards, barns, slips, cellars, private
sinks, and privies; direct and regulate their construction,
and cause the expenses to be collected out of the property.
Hospital and re § 40. To erect citv prisons, houses of refuse, and hos-
fu,Te. . •/ i - o ?
pitals, and regulate the same.
Elections. § 4i# To regulate the election of city officers, to define
their duties, and provide for the removal from office ot any
person holding an office by ordinance.
Fees of officers. § 42. To fix the compensation of all cit\ officers, and
regulate the fees of jurors, witnesses, and others, for servi-
ces rendered under this act or under any ordinance.
Police- § 43. To regulate the police of the city, to impose fines,
forfeitures, and penalties, for the breach of any ordinance,
and to provide for the appropriation and recovery of such
fines and forfeitures and the enforcement of such penalties.
ordinances. § 4.4. Xlie city council shall have power to make all
ordinances which shall be necessary and proper to carry
into execution the powers specified in this act, and which
may be necessary for the good government and general
health and improvement of the city, not repugnant to the
constitution of this state.
style of ordi- § 45. The style of the ordinances shall be, " Be it or-
dained by the City Council of the City of Charleston"
Money ofcity. § 46. All moneys collected under the city ordinances
shall be deemed and taken to belong to the city, and shall
be appropriated and disposed of by the council, for the use
of the city.
§ 47. All ordinances, within one month after their pas-
sage, shall be published, by insertion in some newspaper in
said city, or by posting up in three public places thereof,
and shall not be in force till after such publication ; and the
affidavit of the town clerk that such publication has been
made shall be sufficient evidence of that fact, in all legal
proceedings.
Pi-oof of oral- § 48. All ordinances of the corporation mav be proved
nances. '-> . 1 ■/ =
by the seal thereot, and when printed in book or pamphlet
form, and purporting to be printed by the authority of the
corporation, or when shown, with the seal of the corpora-
tion attached thereto, the same shall be received in evidence
in all courts and places, without further proof.
ARTICLE V.
PUBLIC IMPROVEMENTS AND ASSESSMENTS THEREFOR.
Grading. § 1. The city council shall have power, from time to
time, to cause any street, alley, or other highway, to be gra-
Notice of
nances.
cities. 269
ded, re-graded, leveled, paved, or planked, and keep the
same in repair, and alter and change the same.
§ 2. To cause side and cross walks, main drains and sidewalks.
sewers, and private drains, to be constructed and laid, re-
laid, cleansed and repaired, and regulate the same.
§ 3. To grade, improve, protect, and ornament, any squares.
public square, or other public ground, now or hereafter laid
out.
§ 4. The city council shall have power to assess and street tax.
collect a tax of the owners of lots or real estate on any street
or other highway, or any part thereof, in the same manner
as other city taxes, or in such manner as may be prescribed
by ordinance, for the purpose of grading, paving or plank-
ing such street or other highway : Provided, such tax shall
not. exceed one-half of one per cent., per annum, of the as-
sessed value thereof.
8 5. All owners or occupants of lots or lands in front of, Grading and
,/ . . ■, L . , . .. , .' draining lots.
adjoining, or upon whose premises the city council shall
order and direct sidewalks or private drains, communicating
with any main drain, to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such lands or lots to
be nuisances, and order the same to be graded, filled up, or
drained, or otherwise improved, shall make, grade, repair
or relay such sidewalk, or make, repair, or cleanse such
private drain, or grade, fill up, drain or otherwise improve
such lot or land, at their own cost and charges, within the
time, and in the manner prescribed by ordinance, or other-
wise ; and it" not done within the time and in the manner
prescribed, the city council may cause the same to be con-
structed, repaired, relaid, cleansed, filled up, graded,
drained, or otherwise improved, and assess the expense
thereof, by an order, to be entered upon their proceedings,
upon the lots and lands respectively, to be collected out of
the premises, as assessments in other cases. A suit may,
also, be maintained against the owner or occupant of such
premises, for the recovery of such expenses, as for money
paid and laid out to his use, at his request.
§ 6. In all cases where expenses may be incurred in Nuisance.
the removal of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing section,
such expenses may, likewise, be collected of the owner or
occupant of such premises, in a suit for money expended, to
their use ; 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.
§ 7. The city council shall have power to compel the Alleys,
owners of lots or ground fronting or adjoining any private
or public alley to keep the same clean, and, if necessary, to
270 CITIES.
direct the same to be paved, planked or otherwise, and the
costs thereof to be assessed and collected in the same man-
ner as sidewalk assessments.
ARTICLE VI.
ASSESSMENTS FOU OPENING STREETS AND ALLEYS.
Opening streets. § l. Whenever all the owners of property, over,
through and adjoining which a proposed street, lane, avenue
or alley would pass, petition the city council to lay out and
establish the same, tiie city council may do so; but in such
case no damage will be paid by the city.
Damages ^ for § 2. Whenever any street, lane, avenue, alley, public
'" square, or ground, is laid out, altered, widened, or straight-
ened, the city council shall give notice of their intention to
appropriate and take the land necessary for the same to the
owner or owners thereof, by publishing said notice, for ten
days, in some public newspaper published in said city, or
by posting up notices thereof in three public places in said
city ; after the expiration of winch time they shall choose
three disinterested freeholders, residing in said citv, as com-
nnssioners, to ascertain and assess the damages and recom-
pense due the owners of said land, respectively, and at the
same time determine what persons will be benefitted by
such improvement, and assess the damages and expenses
thereof on the real estate benefitted, in proportion, as nearly
as may be, to the benefits resulting to each.
Notice of com- § 3. The commissioners shall be sworn faithfully to
mi..-.; .jnors. *'
execute their duties, according to the best of their ability,
before entering upon the same. They shall give ten days'
notice to persons interested of the time and place of their
meeting, by publishing a notice thereof in some newspaper
published in the city, or by posting written or printed noti-
ces in three public places in the city. They shall view the
premises, and, in their discretion, receive any legal evidence,
and may adjourn from day to day. -
A1var,i of dam- § 4. The commissioners shall, thereupon, proceed to
age and benefit. °, , , . . , n , ' . V r ■ i
make the>r assessment, and determine and appraise to the
owner or owners the value of the real estate appropriated,
and the injury arising to them, respectively, from the con-
demnation thereof; which shall be awarded to such owners,
respectively, as damages, after making due allowance there-
from for any benefit which such owners may, respectively,
derive from such improvement. If the damage to any per-
son be greater than the benefit, or if the benefit be greater
than the damage, in either case the commissioners shall
strike the balance and carry the difference forward, so that
the assessment may show what amount is to be received or
paid by such owners, respectively ; and the difference, only,
shall in any case be collectable of them or paid to them.
CITIES. 271
§ 5. Having ascertained the damages and expenses of Report of com-
such improvement, as aforesaid, the commissioners shall, m18
thereupon, apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed benefitted, in proportion to the benefits resulting
thereto from the improvements, as nearly as may be, and
shall designate the real estate upon which their assessments
may be made. When completed, the commissioners shall
sign and return the same to the city council, within forty
days from their appointment.
§ 6. The city council, after the return of the assessment, objections may
as aforesaid, shall have power, in their discretion, to affirm port!'"'
or amend the assessment, or refer the same back to the
commissioners, or annul it. Objections may be heard by
the city council, and the hearing may be adjourned from
day to day. If annulled, all the proceedings shall be void ;
if confirmed, an order shall be made, assessing the damages,
upon the real estate so benefitted, as aforesaid ; which as-
sessments shall be collected in the same manner as other
assessments, as near as may be. If referred back to the
commissioners, they shall proceed, in like manner as herein
required in relation to the first. If any commissioner should
fail or refuse to act, the president or city council shall have
power to fill the vacancy.
§ 7. Any person interested may appeal from any order Appeals.
of the city council for opening or widening any street, alley,
public ground, or highway, to the circuit court of Coles
county, in the same manner as appeals from justices of the
peace.
§ 8. The city council shall have power, by ordinance, to other mode.
adopt any other mode, not inconsistent with the constitution
and, laws of this state, for opening, widening or altering any
street, lane, avenue, alley or public ground.
ARTICLE VII.
MISCEIX A NEOTTS PROVISIONS.
§ 1. The city council shall have power by ordinance to Tax, how levied,
provide the manner of levying and collecting taxes and as-
sessments, and full power is hereby given them to adopt
the mode and manner as specified in the act, entitled, "An
act to amend the charters of the several towns and cities of
this state," approved March first, 1854, and the mode and
manner as specified in section nine of an act entitled "Am
act to incorporate cities and towns," approved February
10:h, 1S49. All taxes and assessments shall be a lien upon
the property upon which the same is taxed or assessed.
§ 2. All male inhabitants of said city, over the age of street labor.
twenty-one years, may be required to labor on the streets,
lanes, avenues and alleys, not exceeding four days in each
and every year, under such penalty as may be prescribed by
272
CITIES.
Punishment
offenders.
Street labor.
Arrest of viola-
tors.
Kxecution
judgment.
Ordinances.
Rights of action.
ordinance. And the said inhabitants shall be exempt from
working on or paying any tax for any road beyond the
limits of the city.
§ 3. The city council shall have power to provide by
ordinance for the punishment of any offender, by imprison-
ment in the county jail or city prison, in any case upon a
failure to pay fines and forfeitures and penalties, as provi-
ded by this act, or by ordinance ; and the city council is
hereby authorized to use the county jail for that purpose.
§ 4. The city council shall have power to compel per-
sons, upon a failure to pay tines, forfeitures and penalties,
to labor on the streets, lanes, avenues and alleys of said city,
at the rate of two dollars per day, till such line, forfeit-
ure, or penalty, and the costs of proceeding, is paid.
§ 5. Fines, forfeitures and penalties shall be recovered
in an action of debt in the corporate name. The first pro-
cess shall be a summons, unless affidavit made of the truth
of the charge, when a warrant may issue to bring the de-
fendant forthwith before the president for trial.
§ 0. The president and marshal, and all other officers of
the city authorized by ordinance, shall have power to arrest
or cause to be arrested, with or without process, all persons
who shall break the peace, or threaten to break the peace,
or be found violating any ordinance o^ the city, commit for
examination, and if necessary detain such persons in cus-
tody over night or the Sabbath, in the watch house or other
safe place, till they can be brought before a magistrate.
§ 7. Execution may issue immediately on the rendition
of the judgment, if the defendant, when called upon, fails
to give up goods or chattels, or real estate, whereof the
judgment can be collected, the execution shall require the
defendant to be confined in the county jail or work house,
or city prison, for a term not exceeding six months ; and all
persons committed under this section shall be confined one
day for each two dollars of such judgment and costs.
§ 8. The city council shall have power to cause the
blocks and lots of the city to be surveyed, platted and num-
bered in consecutive numbers from one upwards, and to
designate and number all fractional pieces of ground, or
lots, or blocks, in such manner as they may prescribe by
ordinance ; and such plat, designation and numbers, when
made and duly recorded, shall be a good and valid descrip-
tion of said blocks, lots and pieces of ground ; and to mark,
declare and establish the names and boundaries of streets
and alleys.
§ 9. All ordinances heretofore passed or that may be
passed by the president and trustees of the town of Charles-
ton, shall remain in full force until repealed by the city
council.
§ 10. All rights, actions, fines, forfeitures and penalties,
in suit or otherwise, which have accrued to the president
cities. 273
and trustees of the town of Charleston, shall be vested in
and prosecuted by the corporation hereby created.
§ 11. JN"o person shall be an incompetent judge, justice, Witnesses and
witness or juror, by reason of his being an inhabitant or
freeholder in the city, in any action or proceeding in which
the city may be a party in interest.
§ 12. All property, real, personal and mixed, belonging Property, in
to the president and trustees of the town of Charleston, is w om veste(L
hereby vested in the corporation created by this act.
§ 13. This act is hereby declared a public act, and shall
be read in all courts and places without proof.
§ 14. The city marshal, or any officer authorized to exe- Jurisdiction of
cute writs or other process issued by the president, shall
have power to execute the same within the limits of Coles
county.
§ 15. Until a president shall be elected and qualified Suits- n°w com-
'•-,,. . l i . - ,. i . menced.
under this act, suits and actions in favor ot the corporation
may be commenced and prosecuted before any justice of
the peace of Coles county.
§ 16. The present president and trustees of the town of Term of office-
Charleston, as now incorporated, shall constitute the presi-
dent and city council of the city of Charleston till the first
Monday of May, 1S65, and until their successors are elected
and qualified, with all the powers of the president and city
council conferred by this act, except the judicial power cf
the president. On the first Monday of May, 1865, and on Annual election,
the first Monday of May in every year thereafter, an elec-
tion shall be held for four counciimen of said city, who shall
hold their office for one year and until their successors are
elected and qualified. The clerk shall give ten days' notice
of the time and place of election, by publication in some
newspaper published in said city, or by posting up notices
in three public places of said city.
§ 17. At the time provided for the first election of coun- Term of presi-
cilmen, the president shall be elected, who shall hold his
office for two years and until his successor is elected and
qualified. Returns of the election of president shall be
made as provided by the laws in relation to justices of the
peace, and he shall give bond and be commissioned by the
governor as other justices of the peace. Notice shall be
given for the election of president in the same manner as
for counciimen.
§ IS. This act shall be in force from and after its pas-
sage.
Appkoved February 9, 1S65.
-23
274
CITIES.
In force Feb. 13,
1865.
AN ACT to amend an act to incorporate the City of Chester.
Additional lax.
Issue bonds.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That in ad-
dition to the powers heretofore vested in the inhabitants and
city council of the city of Chester, in the State of Illinois,
in regard to taxation of real estate, the said city council
shall have and are hereby vested with power and authority,
within said city, by ordinance, to levy and collect, annually,
taxes, not exceeding ten mills to the dollar, on the assessed
value of all personal estate and property within said city,
and all personal property of the inhabitants thereof made
taxable by the laws of this state for state purposes, and ap-
propriate the same for the general contingent and special
expenses and purposes of said city. And said city council
may, also, provide by ordinance the way and manner in
which real estate and personal property shall be assessed
and the taxes thereon collected : Provided, the mode pre-
scribed be not repugnant to the constitution of the United
States and of this state.
§ 2. The city council may issue the bonds and borrow
money on the credit of said city ; but no sum of money
shall be borrowed at a higher rate of interest than the rate
allowed by law, nor shall a greater sum or sums be bor-
rowed, or at any time outstanding, the interest upon the
aggregate of which shall exceed the one-half of the city
revenue arising from the ordinary taxes within the city for
the year preceding the year in which such indebtendess may
Time of bonds, be incurred. .Nor shall any city bonds be issued, or a debt
created, to run for a longer period than ten years. No
bonds shall be issued or debt created or incurred to run for
a longer period than one year, unless the city council shall,
at the time such indebtedness is incurred, provide, by ordi-
nance, that a sufficient fund shall be set apart and taken,
on each year, for the exclusive purpose of paying, the interest
and principal of the bonds issued or other debt incurred,
promptly, as such interest and principal shall become due.
§ 3. This act shall be deemed a public act, and take
effect from and after its passage.
Approved February 13, 1865.
Interest
bonds.
In force Feb. 15, AN ACT to amend an act entitled "An act to reduce the charter of the City
1865. 0f Chicago, and the several acts amendatory thereof, into one act, and to
revise the same," approved February 13, 1863.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, Whenever
Benefits and any order shall be passed by the common council of said
damages. d j. ./
cities. 275
city, pursuant to the authority conferred by chapter seven
of the act to which this is an amendment, for the filling,
grading, leveling, paving, curbing, walling, graveling, mac-
adamizing, planking, or repairing of any street, lane, alley
or highway, or for the construction, reconstruction, laying
or relaying of any sidewalk or any private drain, the com-
missioners of the board of public works shall forthwith pro-
ceed to assess the amount directed by the common council
to be assessed for that purpose, with the costs of the pro-
ceedings therein, upon the real estate by them deemed
benefitted by any such improvement, in proportion, as
nearly as may be, to the benefit resulting thereto. The Assessments,
-. ,, , , °. , , now collected.
assessment, m such cases, shall be made and returned and
may be confirmed and collected in the manner provided by
sections twenty-three and twenty-four of chapter seven of
the act above mentioned ; and the provisions of said two
last named sections shall, in all respects, apply to the assess-
ments hereby authorized. The expense of constructing and
relaying sidewalks, and area or street walks, at the inter-
sections of streets or alleys, or of streets and alleys, when
required to be constructed by any such order of the common
council, shall be included in their said assessment ; but all
other improvements made at such intersections, excepting
lamp posts, shall be, as heretofore, chargeable upon and paid
out of the general fund, or other appropriate fund not raised
by special assessment.
§ 2. When in any case any portion of the costs and ex- Railroad proper-
pense of making any improvement, mentioned in the fore- y'
going section, shall, by virtue of any valid law or ordinance
of the corporation, or by virtue of any valid contract, be
chargeable upon any railway company, the amount so
chargeable may be assessed upon said railway company,
and the balance only upon the real estate benefitted thereby.
And the city may collect the amount so assessed upon the
said railway company, by distress and sale of personal prop-
erty, as in other cases, or by suit brought for that purpose :
Provided, that any real estate belonging to such railway Proviso,
company, and deemed benefitted by the said improvement,
shall be assessed as in other cases.
§ 3. Whenever any order shall be passed by said com- Lampposts.
mon council, for the erection of lamp posts upon any of the
streets in said city, the commissioners of the board of public
works shall forthwith proceed to assess the amount directed
to be assessed therefor, with the costs of the proceedings
therein upon the several lots, pieces or parcels of land fronting
or abutting on the street or part of street, along which said
posts are to be erected. Said assessment shall be made in
such a manner, as nearly as may be, that each separate lot,
piece or parcel of land on either side of such street, for the
whole distance proposed to be lighted, shall sustain its fair
proportionate share of the expense and costs, according to the
276 cities.
Assessmentg, benefit resulting thereto ; which assessment shall be made
and returned, and may be confirmed and collected in the
same manner as assessments for filling, grading- or paving-
streets, and when confirmed, shall have the same force and
effect; like powers, rights and duties, being hereby confer-
red upon the said commissioners and common council, and
on all parties interested, in both cases.
Sections repeal- g 4> Section twenty-one, twenty-two, twenty-five, twen-
ty-six, twenty-seven and thirty of chapter seven of the
above mentioned act, are hereby repealed ; but all other
provisions in the said chapter contained, not inconsistent
with the provisions of this act, shall be and remain in full
force.
commissioners g 5. Upon the passage of any order referred to in the
pavements, first and third sections of this act, the board of public works
may, in their discretion, cause said improvement to be made
and paid for out of any moneys in the treasury at their dis-
posal, and afterward cause the expense thereof, together
with all costs, to be reimbursed, by a special assessment, to
be levied and collected as in other cases.
Removal of nms- § 6. The power of assessment conferred by section
thirty-one, of chapter seven, of the above mentioned act,
shall extend to all cases where it shall have become ne-
cessary to incur expenses for the removal of any nuisance,
as well as to those cases where expenses shall have been
actually incurred,
when city may g 7. Whenever the damages awarded to the owner for
piopei y. a^ property condemned by said city, for public use, shall
have been paid to such owner or his agent, or when suf-
ficient money for that purpose shall be in the hands of the
ci^ty treasurer, ready to be paid over to such owner, and ten
days' notice thereof shall have been given in the corpora-
tion newspapers, the city may enter upon and appropriate
such property to the use for which the same was condemned.
Notice by com- s g_ -pwo or more of the notices required or authorized
missioners. •> . .. -L
to be given by the board ot public works, or the commis-
sioners of said board, by publication in the corporate news-
paper, in any special assessment proceedings, may be
Proviso. comprised in one advertisement: JProvided, such notices
proviso 2. are of the same general character, or for like object : And,
provided, that in other respects the notice so published shall
sufficiently comply with the essential statutory require-
ments. And the provisions of this section shall extend to
and embrace all notices required to be given in the corpora-
tion newspaper, by the city collector, of the delivery to him
of all tax and special assessment warrants, for collection,
and of his intended application to some court of general
jurisdiction for judgment thereon.
Fees of collector. § 9. The city collector shall be allowed, for the use of
said city, one-half the same fees and charges for making
distress and sale of goods and chattels, for the payment of
cities. 277
city taxes and special assessment, as may be allowed by law
to constables for making levy and sale of personal property
on execution, and his proceedings, in such cases, shall con-
form, as nearly as may be, to those prescribed for town col-
lectors by the general laws relative to the collection of the
revenue.
§ 10. "Whenever, in the prosecution of any river or Harbor .and riy-
o / i </< e i' improve-
harbor improvement, by said city, the board of public works ments.
shall be of opinion that the proposed work can be better or
more cheaply done by the board itself, without the inter-
vention of a contractor, they shall report their said opinion
to the common council, and the reason for the same ; and
the common council may, thereupon, by resolution, author-
ize said board to procure the necessary machinery and
material, and to employ workmen to make the said im-
provement, without letting the work by contract: Provided, Proviso.
three-fourths of all the aldermen elected shall vote in favor
of such resolution.
§ 11. That the board of public works of the city of cleaning river.
Chicago be and they are hereby authorized, required and
empowered to devise, and, with the approval of the common
council of said city, or otherwise, as hereinafter provided,
to adopt and execute a plan for cleansing the Chicago river
and its branches and keeping tlie °ame in a pare and
healthy condition, and, also, by contract with the trustees of
the Illinois and Michigan canal, or otherwise, for changing
the water in said river and branches ; but if the consent of
said trustees can be had, and, in the judgment of said
board, it is expedient, the experiment of cleansing said
river, by using the pumping work6 of said canal, shall first
be thoroughly tried before any expenditure for constructing
any other canal or conduit shall be incurred.
S 1*2. If in tiie judgment of said board it shall be found Drainage of riv-
that permanent and complete drainage of said river and
branches can be best effected by constructing a channel,
from some point on the Chicago river, or its branches,
southward, towards or near Lockport, or by widening and
deepening the Illinois and Michigan canal, the said board
are hereby authorized and empowered to devise a plan for
that purpose, with the consent of the common council or
otherwise, as hereinafter provided ; to make any contract
necessary to carry into effect such purpose, in conformity
with and subject to the general provisions of the city char-
ter, with the trustees of the Illinois and Michigan canal, or
with the United States or the state of Illinois, or with any
other party or parties, and to construct a canal, or to widen
or deepen the Illinois and Michigan canal, or otherwise to
remove and change the waters of the Chicago river and its
branches; and the said trustees of the Illinois and Michigan Trustees of lands
canal are hereby authorized and empowered to make such
contract as they may deem just and proper with the said
278
CITIES.
City may borrow
money.
Special fund.
Ship canal.
City mav con-
tribute $2,000,-
000.
A consulting
board.
Additional mem-
bers of board
and salary.
Proviso.
Vacancy how
filled.
board or the city of Chicago, for said purposes, or any of
them.
§ l-°>. For the purpose of carrying out the improvements
contemplated by the eleventh, twelfth, fourteenth and eigh-
teenth sections of this act, and sections five, six, seven and
eight of chapter sixteen, of the act of which this is an
amendment, the said city shall have power to borrow, from
time to time, as the board of public works and common
council shall deem expedient, an additional sum of money,
not exceeding two million dollars upon the credit of said
city of Chicago, and to issue bonds therefor, in the manner
authorized by section sixteen of said chapter ; and all the
provisions in said chapter contained respecting the issue and
sale of sewerage loan bonds, the custody and expenditure
of the proceeds thereof, and the payment of the principal
and the interest to become due thereon, and providing for a
sinking fund for the liquidation of the same, shall, in like
manner apply to the bonds hereby authorized ; and the
said fund so raised shall constitute a special fund, to be held
and used for the purposes of said improvement, and for no
other purpose whatsoever.
§ li. Should the work of enlarging and deepening the
said canal, for a ship or steamboat canal, be prosecuted by
the United States, or by the state of Illinois, or the trustees
of the Illinois and Michigan canal, the common council of
the city of Chicago are hereby authorized and empowered
to make a contribution towards such improvement of such
sum of money or bonds, part of the bonds in the preceding
section of this act provided for, or their proceeds, not
exceeding two million dollars, as they shall deem proper.
§ 15. Upon application of the board of public works,
the mayor, by advice and consent of the common council,
may appoint a consulting board, of not less than three nor
more than five competent engineers, to aid in devising the
plans and arranging details rendered necessary by this act.
§ 16. For the purpose of cleansing the Chicago river,
and its branches, as in this act provided, Roswell B. Mason
and William Gooding, are hereby appointed additional
members of the board of public works, who shall each
receive the same salary as the other members of said board,
which is hereby fixed at three thousand dollars per annum,
for each, and when the wrork herein contemplated, shall be
completed, they shall cease to be members ot the said board:
Provided, that the said additional members shall have no
power or authority in said board, save and except in refer-
ence to the said work: And, provided, also, that in no event
shall their term of office, extend longer than six years, from
and after May 1, 1865. In case of the death, resignation,
or removal from this state of either of said additional mem-
bers of said board, the vacancy caused thereby shall be tilled
by the governor of the state of Illinois.
cities. 279
§ 17. The said board of public works, after they shall Report of board.
have agreed upon a plan for cleansing the Chicago river,
shall forthwith report the said plan to the common council,
with a statement of its probable cost, and the said council
shall examine the said plan, and if they shall approve the
same, it shall be and continue the plan of said work, except
so far as it may be changed by the board of public works in
matters of detail, or be otherwise changed or abandoned as
hereinafter provided. If the common council shall disap-
prove the said plan, they shall refer the same back to said
board of public works, with a statement of the reasons for
such disapproval. If the said board of public works shall, second report.
after considering such objections, adhere to the said plan by
a vote of the majority of all the members of said board,
they shall report the same back to the common council, and
after the expiration of thirty days the said plan, unless
withdrawn by said board, shall be and continue the plan of
said work, with the exception as to details aforesaid, and contracts.
the contracts entered into in reference to the same by said
board, shall be in accordance with and subject to the general
provisions of the city charter : Provided, however, that said Proviso,
plan may be afterwards abandoned or changed for a differ-
ent plan, if the said board and the common council, by a
majority of all the members of each of said boards consent
thereto : Provided, also, that the appropriation of money
and the issuing and sale of bonds for said work shall be and
remain under the control of the common council, and the
general provisions of the city charter relating to appropria-
tions, to the custody and sale of city bonds, and the dis-
bursement of the city moneys shall, and they are hereby
intended to apply to the appropriations, custody and sale of
the bonds, and the custody and disbursement oi the moneys
for the prosecution of said works.
§ 18. If the said board and the common council shall, Right of way.
in their judgment, deem it desirable to effect the objects of
this act by the construction of one or more canals to or from
the Chicago river, or either of its branches, to Lake Michi-
gan, or elsewhere, it shall be lawful for the said commis-
sioners to condemn such land as shall be necessary for the
the bed of such canal or canals, and the deposit of the
material thereon out of the same, and the proper use and
control thereof, not exceeding three hundred feet on each
side of said canal or canals: Provided, that in case said Proviso.
board shall widen or deepen the Illinois and Michigan
canai, then and in that case, only so much land shall be
taken as is necessary for that purpose ; and, when in the Fee simple estate
opinion of said board and the common council, it shall be
needful for the interest of said works hereby authorized,
that the fee in any real estate acquired for right of way or
for other purposes, by said board, shall be vested in said
city, such reaL estate shall, upon payment for the same as
280
CITIES.
Ordinance to
protect work.
Permits granted.
Tunnels
river.
aforesaid, become the property of said city in fee simple
absolute.
§ 19. The common council is hereby authorized and
empowered to pass all such ordinances as they may deem
necessary for the protection, preservation and use of the
work hereby authorized, and the property which may be
obtained or possessed under this act, and provide such pen-
alties for the infraction thereof, as they may deem expedient,
not to exceed the penalties now provided by law for the
protection of the Illinois and Michigan canal, or other public
works or property of the state ; and it shall not be lawful
for any person to drain from any point within the limits of
Chicago, into the Chicago river, or either of its branches, or
into any canal or canals, constructed under the authority of
this act, without first obtaining a permit for such drainage
from the board of public cvorks, and the said board are
hereby authorized to grant such permits, and to exact
license fees for the same, proportioned to the amount and
kind of drainage.
§ 20. The common council shall have power to cause or
authorize the building of one or more tunnels under the
Chicago river and its branches, at the intersection of any
street, or at such other points, as in their opinion, the public
good may require ; and the said city shall have power to
purchase and hold all such real estate as may be necessary
for constructing said tunnels and the approaches thereto ;
and in case of disagreement between the said city and the
owners of any property which may be required for the pur-
poses aforesaid as to the amount of compensation to be paid
to such owners, or in case such owner shall be an infant, a
married woman or insane, or absent from the state, the said
city shall have the right to condemn said property, and the
proceedings for the condemnation of such property shall
conform to those specified or provided by the act above
mentioned, in the case of the condemnation of land for a
public street in said city, so far as the same are applicable.
§ 21. To defray any expense that may be incurred pur-
suant to the power and authority granted by the preceding
section, the common council shall have power, annually, to
levy and collect a tax, not exceeding two mills on the dollar
on the assessed value of all real and personal estate in the
city, made taxable by the laws of this state ; and in case the
entire revenue derivable from said two mill tax shall be
insufficient to cover the expense of constructing any tunnel
that may be ordered by the common council, the deficiency
Temporary loan, may be supplied by a temporary loan to be made for a space
of time not exceeding the close of the next municipal year;
and said loan shall be provided for in the tax levy of that
year, by a tax levied pursuant to the authority conferred
by this section ; and said city shall also have power and
authority to issue and sell bonds for said purposes, not
Right of way.
Additional tax.
CITIES. 2 SI
exceeding one hundred thousand dollars in any one year,
said bonds to be issued and to become due, at such times as
the common council may by ordinance determine.
§ 22. The common council shall have power, annually, Bon(is $100,000.
to levy and collect a tax, not exceeding two mills on the
dollar on all taxable real and personal estate in said city, to
defray the expenses of cleaning and repairing the streets
and alleys in said city, and the moneys thus raised shall be
held by the treasurer as a special fund, and shall be used special fund tax
for no other purpose whatsoever.
§ 23. The common council are hereby authorized to es- Police salary,
tablish, from time to time, the salaries to be paid to the po-
lice force of said city : Provided, that such salaries shall Proviso,
never be reduced below the amounts now authorized by the
act of which this is an amendment, nor shall the same be
increased so as to exceed the amount thus authorized more
than fifty per cent.
§ 24. The common council shall have power to annually Police tax.
levy and collect a tax not exceeding two and a half mills on
the dollar on all taxable real and personal estate in said city,
for the police expenses of said city ; and the third clause of
section one, chapter eight, of the act of which this is an
amendment, is hereby repealed.
§ 25. So much of the resolution passed by the common Resolution con-
council on the twelfth day of December, a. d. 1864., as au-
thorized an increase of pay for the police force of said city
during the present municipal year, is hereby ratified and
confirmed ; and to provide for the increased expenditures Perpetual fund,
thereby authorized as well as to raise a perpetual fund that
shall be hereafter available for the prompt payment of police
expenses, incurred during the first six months of every suc-
ceeding fiscal year, before the tax, annually levied for that
purpose, shall have been received into the city treasury, the
city comptroller is hereby authorized, under the sanction of
the mayor and finance committee, to issue and negotiate the
bonds of said city, to an amount not exceeding fifty thou- $50,000 _ bonds
sand dollars, payable, principal and interest, in the city of may ei8sue '
New York, and bearing interest, payable semi-annually, at
a rate not exceeding seven per cent, per annum, and be-
coming due and payable on the first day of April, a. d. 1S85.
All moneys expended from the fund last mentioned, shall
be reimbursed, annually, from the proceeds of the aforesaid
tax, so that the said fund shall be perpetually preserved,
without diminution, to meet the yearly accruing exigency
above referred to ; the several other orders, ordinances and other orders rat-
resolutions of the common couucil, increasing compensation
and rates of payment passed, since the( passage of the gen-
eral appropriation ordinance for the municipal year, 1864,
are hereby ratified and confirmed, and any money in the
city treasury not otherwise appropriated, may be applied in
payment of the same. Any estimate, now or hereafter, to
—24
282 cities.
be issued by the board of public works for dredging the har-
bor under a contract with Messrs. Fox & Howard, entered
into July 17, 1863, are hereby legalized. In case the unap-
propriated moneys in the treasury should prove to be insuf-
ficient to pay said estimate, and said increased compensation
$30,000 _ bonds and rates of payment, the city comptroller is hereby author-
may a issue . jze(^ un(jer the sanction of the mayor and finance commit-
tee, to issue and negotiate the bonds of said city to an addi-
tional amount, not exceeding thirty thousand dollars, paya-
ble, principal and interest, in the city of New York, and
bearing interest, payable semi-annually, at a rate not ex-
ceeding seven per cent., per annum, and becoming due and
payable on the first day of April, 1885, and from the pro-
ceeds of said bonds to pay such deficiency, including any
deficiency which may exist in the proceeds of the lamp tax
for the said year 1864. To provide for monthly or any other
payments which shall have been authorized by the common
council, and required to be made at any time before the col-
lection of the taxes of any year, the comptroller may, with
the sanction of the mayor and finance committee, borrow
the necessary money, for a time not longer than the first day
of February next, thereafter.
salaries of offi- § 26. The salaries of all city officers who receive a fixed
compensation for their services, and whose salaries are not
definitely prescribed by the city charter, including all offi-
cers and employees in the police force and fire department
of said city, shall be established by the common council in
the annual appropriation bill, or by some ordinance passed
prior to the passage of such annual appropriation bill ; and
the salaries or compensation thus established shall neither
be increased nor diminished by the said common council
after the passage of said annual appropriation bill, during
the then current municipal year ; and no extra compensation
shall ever be allowed to any such officer or employee in
any department of the city government, over and above
that provided in manner aforesaid.
Harbor masters § 27. All harbor-masters and bridge-tenders, in the ser-
te"nders. ' 'e vice of said city, shall be hereafter appointed by the board of
public works, and shall be required to give such bonds for
the faithful discharge of their duties as said board may pre-
scribe, and shall be removable at the pleasure of the board.
Annual appoint- § 28. The assessors of said city shall be appointed, an-
wrs. ° nually, by the mayor, by and with the advice and consent of
the common council, on the first Monday in March, or within
thirty days thereafter. Any provision in the act to which
this is an amendment conflicting with this section is hereby
repealed,
school tax. § 29. The common council shall have power, annually,
to levy and collect a school tax, not exceeding three mills on
the dollar, on the assessed value of all real and personal es-
tate in the city made taxable by the laws of this state, to meet
cities. 283
the expenses of purchasing grounds for school houses and
building and repairing school houses and supporting and
maintaining schools. And the second clause of the first sec-
tion of chapter eight of the act of which this is an amendment
is hereby repealed. The board of education are hereby auth- continuance of
orized, unless prohibited by the common council, to continue st'b00ls'
the public schools during the remainder of the present fiscal
year, notwithstanding any deficiency in the appropriation
heretofore made and taxes levied for that purpose, and to pro-
vide for the expenses thereby incurred. The comptroller may,
with the sanction of the mayor and finance committee, bor-
row the necessary money, which shall be repaid out of the
school tax for the year 18G5.
§ 30. It shall be the duty of the school agent to report Monthly report
to the president of the board of education, on the first day
of eacli month, the condition of the school fund, derivable
from all sources, specifying the amount of money on hand,
and the amount received and expended during the month
just terminated. This report shali be presented to the board
at its next regular meeting, and be entered upon its minutes.
3 81. The common council may, upon the application of the Conds isfied for
board of education, provide, by ordinance, for the issue and
sale, within four years from the first day of January, 1S65,
of not to exceed one hundred bonds of said city, of the de-
nomination of one thousand dollars each, payable, principal
and interest, in the city of New York, and bearing interest,
payable semi-annually, at a rate not exceeding seven per
cent., per annum, and becoming due and payable in twenty
years from date. Not more than twenty-five of said bonds
shall be issued in any single year, and their proceeds shall
be used for no other purpose than the construction of school
houses in said city. Said bonds shall be countersigned by
the president of the board of education, and shall be known
as "school construction bonds," and it shall be the duty of
the comptroller to purchase and retire five of said bonds
each year, so long as any of said bonds shall remain out-
standing, and when they cannot be purchased at less than ten
per cent., premium, he shall select five, by lot, in the presence
of the president of the board of education, for purchase, at that
price, and the interest on all the bonds so selected shall When interest to
thereafter cease. All necessary provisions to give effect to
the foregoing condition, may be inserted in said bonds, and
as fast as said bonds shall be purchased and retired, the
comptroller shall report the numbers of the same to the
board of education, and the same shall be entered upon their
regular minutes.
§ 32. ISTo expenditure of money or increase of liabilities,
and no new text books, shall be ordered or authorized by
the board of education except at a regular meeting, and with
the concurrence of a majority of the members of the entire
board upon a call of the yeas and nays.
284: cities.
Registered bonds § 33. The common council may provide, by ordinance,
for the substitution of registered bonds, payable to the order
of the owner, and assignable only by transfer on the books
of the comptroller, for bonds payable thereon, upon applica-
tion and request of the owner of any of the bonds of the
city ; and the common council may provide that by indorse-
ment of the comptroller on any bond, payable to bearer,
when presented for that purpose by the owner, such bond
Bonds, how pay- shall become payable only to the party named in such in-
aWe" clorsement, his assignees or legal representative, anything
on the face of such bond to the contrary notwithstanding.
License to seii § 34.. Licenses to sell liquor shall not be granted to any
person but the party in actual possession of the premises
in which liquor shall be sold, and no license shall be granted
to females except upon the recommendation of a majority of
the members of the committee on licenses of said city, and
the mayor of said city, may, in his discretion, revoke all
licenses held in violation of this section ; and all licenses
held or granted to any person who may be convicted of
gambling, immorality, or keeping a disorderly house, and
no license shall hereafter be issued or granted to any person
convicted as aforesaid, except upon the recommendation of
not less than six reputable householders living in the neigh-
borhood of the applicant and the board of police.
job printing. § 35. The board of public works, the board of education,
and the board of police commissioners shall have the exclu-
sive control and direction of all job printing required in
their several departments, respectively, for which appropri-
ation shall have been made by the common council, and
shall, in all cases, procure the same to be done by contract
with the lowest responsible bidder.
§ 36. This act shall be deemed a public act, and shall
be favorably construed, for all the purposes herein expressed,
in all courts and places, and shall be in full force from and
after its passage.
Approved February 15, 1865.
In force Feb. 16, AN ACT to amend an act entitled "An act to reduce the charter of the
18G5. city of Chicago, and the several acts amendatory thereof, into one act,
and to revise the same," approved February 13, 1863.
Section 1. Be it enacted by the People of the State of
Illinois, rep/ esented in the General Assembly, That the fol-
Joffi°ei"stmeat °f l°wing officers of said city, to-wit : the clerk, city physi-
cian, fish inspector, sealer of weights and measures, inspec-
tors, gaugers and weighers shall be appointed by the com-
mon council, by ballot, biennally, on the second Monday in
CITIES. 2S5
May, or as soon thereafter as may be. The bridewell keep-
er of said city shall be elected, by ballot, by the common
council, annually. The assessors of said city shall be ap-
pointed annually, by ballot, by the common council, on the
first Monday in March, or within thirty days thereafter.
Any provision in the act to which this is an amendment,
conflicting with this section, is hereby repealed. In case
the common council of said city shall provide for the ap-
pointment of a city auditor, he shall be appointed by ballot,
by the common council, and may be removed at any time
by a vote of two-thirds of all the aldermen authorized by
law to be elected.
§ 2. The corporation counsel of said city and the city counsel and at-
attorney shall devote themselves exclusively to the duties of omce'of.
their respective offices, and shall have their office in such
place as shall be provided by the common council. Neither
of said officers shall be employed in any other business than
that which relates to the duties of their offices respect-
ively, during the terms for which they were chosen.
§ 3. The common council shall have power to provide Po'ice eourts.
for the holding of a police court in each division of said
city ; to designate a justice of the peace to hold each of
said courts; to fix places for holding them, and to provide
for the appointment of a sufficient number of deputy police
court clerks for the same. Changes of venue from a jus-
tice of a police court shall be taken to some other justice of
a police court.
§ 4. The terms of office of the present members of the B°ard of educa-
board of education shall expire on the second Monday of
May next, and the board of education of said city shall con-
sist of sixteen school inspectors, one to be selected from each school m3Pec-
ward in said city, to be elected by the common council, on
the second Monday of May next, or at its next regular meet-
ing thereafter. The said board shall be divided by lot, in
the presence of the common council, into four classes : those Term of office.
of the first class shall vacate their seats at the expiration of the
first year, those of the second class at the expiration of the
second year, those of the third class at the expiration of the
third year, and those of the fourth class at the expiration of
the fourth year; and the common council shall annually, in
the month of May, after the first Monday thereof, elect four
inspectors to succeed those whose term of office expires.
§ 5. There shall be established in said city at least one common schools
common school in each school district now or hereafter to be
created, and free instruction, within their respective districts,
shall be given in said school to all children, residing within
the limits of the city, who are over the age of six years, and
who may be sent to or attend such school, subject to such
rules and regulations as may be established by the common
council or board of education, pursuant to the provisions of
this act and the act to which this is an amendment.
2S6 CITIES.
Admission of pu- § 6. The board of education shall have power to admit
to the public schools of said city children residing within
those towns of Cook county which immediately adjoin the
said city, upon such terms and conditions as said board may
prescribe.
■ ap- § 7. All the provisions of the act to which, this is an
amendment, so far as they relate to schools and the board of
education, shall apply with equal force and effect to schools
and to the board of education, as herein provided for, except
as modified or changed by the terms of this act.
sections repeal- § g. Section eleven of chapter two, and section sixteen
of chapter thirteen of the act to which this is an amend-
ment, are hereby repealed.
school agent. § 9. The school agent of said city shall be appointed,
biennially, by the board of education, by and with the advice
salary. and consent of the common council, and shall receive such
annual salary as shall, from time to time, be fixed by the
board of education, subject to the approval of the common
Bona of agent, council ; and before he shall enter upon the duties of his
office, he shall execute a bond to the city of Chicago in such
sum and with such securities as the common council shall
approve. The school agent so appointed may be removed
at any time, by the common council, upon the recommenda-
Reports of tion of said board ; and he shall make such reports, from
time to time, to the said board and the common council, con-
cerning the condition of the school fund, as they or either
of them may require. The first appointment of school
agent, under the provisions of this section, shall be made on
the second Monday of May next, or as soon thereafter as
may be.
VJtreet"" °f § ^' ^e vaca^nS or closing of any street or alley or
portion of the same, in said city, shall be ordered only by
the vote of at least three-fourths of all the aldermen author-
ized by law to be elected ; such vote shall be taken by ayes
and noes, and entered on the records of the common coun-
cil.
Board of police. § H. The commissioner of the board of police, of said
city, now having the longest term to serve, shall continue in
office until the next general election for county officers in the
year one thousand eight hundred and sixty-seven, and until
his successor shall be elected and qualified ; the other two
commissioners of the board of police, of said city, shall con-
tinue in office until the day of the general election for
county officers in the year one thousand eight hundred and
sixty-five, and until their successors shall be elected and
qualified.
Kiection of two § 12. At the general election in the year one thousand
of p™!ce'.onL ' eight hundred and sixty-five for county officers, there shall
be elected, by the qualified voters of Cook county, two com-
missioners of the board of police, as successors to those
Term of office, whose terms of office will then expire by the provisions of
cities. 287
the foregoing section, and the commissioner so elected from
the north division of said city shall continue in office for six
years, and the commissioner so elected from the south divi-
sion of said city shall continue in office for four years, and
until their successors shall be elected and qualified ; and at Biennial duties
the general election for county officers in the year one thou- °r o7^nlf!°n
sand eight hundred, and sixty-seven, and biennially thereaf-
ter, there shall be elected by the qualified voters of said
county, one commissioner of said board of police, as succes-
sor to the commissioner whose term of office will then ex-
pire by the provisions of this act, who shall hold his office
for the term of six years. The residence and qualifications
of the said commissioners of the board of police shall be the
same as are now provided by law.
§ 13. Ttye said commissioners shall receive an annual salary of com-
salary of twelve hundred dollars each ; and the president of mlssl'
the board shall receive an additional sum of three hundred
dollars per annum, The superintendent of police shall re- salary of snper-
ceive an annual salary of not less than eighteen hundred pn0tiicedent
dollars, nor more than twenty-five hundred dollars. The
deputy superintendent shall receive an annual salary of not
less than fifteen hundred dollars, nor more than two thou-
sand dollars. Each capt&in of police shall receive an annual captain of police
salary of twelve hundred dollars ; each sergeant shall receive sergeant,
an annual salary of nine hundred dollars ; each patrol-man Patrolmen.
shall receive an annual salary of not less than six hundred
dollars, and not more than eight hundred dollars. Within
the limits prescribed, the board of police commissioners,
with the concurrence of the common council, shall have power
to establish the salaries of the officers enumerated in this
section.
§ 14. The salaries shall be paid out of the city treasury, salaries,
monthly, to each person entitled thereto. No member of
the board of police, or of the police force, shall receive or
share in, for his own benefit, under any pretense whatever,
any present, fee, gift, or emolument, for police service, other
than the regular salary and pay provided by this section, ex-
cept by the unanimous consent of the board of police ; nor
shall any such member receive or share in any fee, gift, or
reward from any person who may become bail for the appear-
ance of any arrested, accused, or convicted person, or who
may become surety for any such person on appeal from the
judgment or decision of any court or magistrate ; or any fee,
gift, or reward, in any case, from any attorney at law who may
prosecute or defend any person arrested or prosecuted for
any offense within the county of Cook ; nor shall any such
member, either directly or indirectly, interest himself or in-
terfere in any manner whatever, in the employment or re-
tainer of any attorney to aid in the defense of persons when officers
arrested or accused, and for any violation of- either of the X«!ed fl°m
288 cities.
foregoing provisions, the officer so offending shall be imme-
diately removed from office.
Duties of police. § 15. The duties of the police force shall be executed
under the direction and control of said board, and according
to rules and regulations which it is hereby authorized
to pass, from time to time, for the more proper government
and discipline of its subordinate officers and the police force
Force of police, of said city. The said force shall consist of a general superin-
tendent of police, one deputy superintendent of police, three
captains of police, sergeants of police not exceeding twelve,
and as many police patrol-men, not exceeding two hundred, as
may be authorized by the common council, on the application
of the board of police commissioners, and each patrol man so
appointed, shall hold office only during such time as he shall
faithfully observe and execute all the rules and regulations
of said board, the laws of the state, and the ordinances of
Proviso. the city : Provided, that for incompetency, neglect of duty,
or other sufficient cause, the said board may, at any time,
remove the superintendent and deputy superintendent of
police, or the fire marshal and assistant marshals.
Rules of police s 16. The qualifications, enumeration and distribution
of duties, mode of trial and removal from office of each offi-
cer of said police force, shall be particularly defined and
prescribed by rules and regulations of the board of police ;
Qualifications of nor shall any person be appointed to or hold office in the police
force aforesaid, who is not a citizen of the United States, or
who shall not have resided within the state of Illinois two
years next preceding his appointment, or who shall ever
Proviso. have been convicted of crime : And, provided, that no per-
son shall be removed therefrom, except upon written
charges preferred against him to the board of police, and
after an opportunity shall have been afforded him of being
heard in his defense ; but the board of police shall have
power to suspend any member of the police department of
the city, pending the hearing of the charges preferred
Provisos. against him: And, provided, that whenever any vacancy
shall occur in the office of captain of police, the same shall
be filled by an appointment from among the persons then in
office as sergeants of police ; and a like vacancy in the office
of sergeant of police, shall be filled by appointment from
among persons then in office as police patrol-men.
vacancy in po- § 17. Should a vacancy occur at any time in the said
' board of police commissioners, it shall be filled by the ap-
pointment of the board of supervisors of said county until
the next annual election for county officers, when the quali-
fied voters of said county may, as in other cases, fill such
vacancy by an election of a successor, who shall hold his
office for the unexpired term.
police officers to § 18. Each of the commissioners of police of said city
give bond. shal^ on or before the first Monday of May next, give bonds
to said city in the sum of twenty-five thousand dollars con-
cities. 289
ditioned for the faithful performance of their duties as com-
missioners under the provisions of this act, said bonds to be
tiled and approved as now required by law, and in case of
the failure of any commissioner to comply with the require-
ments of this section within the time above provided, his
office of commissioner shall be deemed vacant, and shall be
tilled as in this act provided.
§ 19. From and after the passage of this act the mayor Mayor not mem.
„o .,.,., i. i • i i- ''er of the police
ot said city shall cease to be in any manner a member ot board.
the board of police and of the board of public works of
said city.
§ 20.' Sections six, seven and eight of chapter ten of the sections i-epeai-
act to which this is an amendment, are hereby repealed.
§ 21. All firearms and military equipments belonging Military equip-
i msnts
to said city shall be under the custody and contiol of the
said board of police.
§ 22. The common council shall have power to annually T" *£*,, polioe
levy and collect a tax not exceeding three and one-half mills
on the dollar on all taxable real and personal estate in said
city, for the police expenses of said city ; and the third
clause of section one of chapter eight of the act to which
this is an amendment, is hereby repealed. It shall be law- Town tax-
ful to levy a tax for town purposes in any year in the town
of "West Chicago, North Chicago and South Chicago, for
any amount not exceeding the sum of fifteen hundred dol-
lars.
§ 23. The board of police of said city shall assume and Fire department,
exercise the entire control of the lire department of said
city, and shall possess full power and authority over its or-
ganization, government, appointments and discipline within
said city. It shall have the custody and control of the Ensine houses,
engine-houses, engines, hose-carts, trucks, ladders, horses,
telegraph lines, and all other public property and equip-
ments belonging to the fire department.
§ 24. The fire department of said city shall consist of a officers of fire
fire marshal and assistant marshals, not exceeding three, and epar men '
as many competent, able and reputable citizens of said city
as shall be appointed by the board, to be known as the fire
police, who shall, under the direction of said board, have
the care and management of the engines, apparatus, equip-
ments, engine-houses and other property used and provided
for the extinguishment of fires : Provided, that the common Proviso,
council may limit the number of the fire police. The said
offices of marshals and fire police hereby created shall be
severally filled by the appointment of said board. It shall
promulgate all regulations and orders relating to the fire
department through, the fire marshal, and it shall be the duty
of the subordinate officers and the fire police to respect and
obey the said marshal as the head and chief of the depart-
ment, subject to the rules, regulations and general orders of
the board.
290
CITIES.
Duties of fire
partment.
a 3-
Instructions
equipments,
riots.
Report on
department
fir i
Fire wardens.
Cause of fires
Witnesses.
Provisions
tended.
Salary of
marshal and
sistant.
§ 25. The duties of the respective members of the fire
department shall be defined by said board, and executed
under its direction and control, and according to rules and
regulations which it is hereby authorized to pass, from
time to time, for the more proper government and discipline
of the members of the fire department ; and the said board
may impose reasonable forfeitures upon them for a violation
of the same, and for incapacity, neglect of duty or miscon-
duct may remove them, or either of them.
§ 26. The board shall furnish the fire police with neces-
sary equipments and give them requisite instruction, so that
in case of riot or sudden emergency, or whenever the board
may deem it necessary they may be called to the assistance
of the regular police ; and when so employed they shall
possess all the powers and privileges of the patrol police.
§ 27. It shall be the duty of the board of police to pre-
pare and submit to the comptroller, on or before the first
day of May, in every year, an estimate of the whole cost
and expense of providing for and maintaining the fire de-
partment of said city during the current fiscal year, which
estimate shall be in detail, and shall be laid by said comp-
troller before the common council with his annual estimate.
§ 28. The said board may require the assistant marshals
of the fire department to act as fire wardens ; and while so
acting it shall be their duty to examine all buildings and
inclosures, to discover whether the same are in a dangerous
state, and to report to the board all violations of the charter
or ordinances of said city in relation to the prevention or
extinguishment of fires.
§ 29. The board shall have power in its discretion to
direct the fire marshal to inquire into and investigate the
cause of all fires which may occur in the city, as soon as may
be after they occur, and to keep a record of his proceedings
and of the evidence in each case, and to file the same, or a
copy thereof, in the office of the board. He shall have
power to compel the attendance of any person in said city
to testify, upon oath, concerning any fire in said city, under
such penalty as the common council may provide; and
he is hereby authorized to administer oaths to all such
witnesses ; he shall be required to use his utmost exertions
in the discovery, arrest and conviction of all incendiaries,
and perform such other duties as the board may prescribe.
§ 30. The provisions of sections seven and eight of
chapter twelve of the act to which this is an amendment,
are hereby extended to and made applicable to the fire
police, to the same extent that they are now applicable to
firemen.
§ 31. The said fire marshal shall receive an annual sal-
ary not exceeding twenty-five hundred dollars nor less than
eighteen hundred dollars. The assistant fire marshals shall
receive an annual salary of not exceeding twelve hundred
CITIES. 291
dollars ; and each member of the fire police shall receive an
annual salary not exceeding seven hundred and twenty dol-
lars : Provided, that such members of the fire police who Proviso,
may act as engineers of steam fire engines may be paid an
annual salary not exceeding one thousand dollars. Within
the limits prescribed by this section the said board, with the
concurrence of the common council, shall have the power to
fix the salaries provided for by this section.,
§ 32. The said board shall, from time to time, as it may F,h-e engines and
be authorized by the common council, procure fire engines
and other apparatus used for the extinguishment of fires,
and the common council shall procure fit and secure engine
houses for keeping and preserving the same ; and the said
board shall, at the cost of said city, furnish all necessaries
and supplies for the engines, houses and apparatus, and
cause all necessary repairs to be made, so that the fire de-
partment may at all times be in an efficient condition.
§ 33. All bills of the fire department shall be approved ^department
by the board, and shall be paid only upon the warrant of
the comptroller, countersigned by the mayor and president
of the board.
§ 34. A full and complete record of the proceedings of Record of board.
the board, so far as the same relate to the fire department,
shall be kept in a book expressly for that purpose ; and the Annual report,
said board shall, on or before the first Monday in April, in
each year, make a full report in writing to the common
council, of the condition of the fire department.
• § 35. The offices of chief engineer and of assistant en- Chif engineer
• c c • i • iiii an(i assistant.
gmeers ot the fire department oi said city are hereby abol-
ished ; and the present chief engineer and assistants shall
act as fire marshals and assistant marshals, respectively,
under the direction of the board as herein provided for the
terms for which they were elected.
§ 36. Sections three, (3,) four, (4,) five, (5,) and six, (6,) Acts repealed.
of chapter twelve of the act to which this is an amendment,
and all other acts or parts of acts inconsistent herewith, are
hereby repealed.
§ 37. The proceeding's, notices and ordinances of said city Publication of
°. . . L i ° n i ii'-i-i-i ordinances, etc.
and the departments thereof may be published m the news-
paper printed in the German language having the largest
daily circulation in said city, as fully as they are now re-
quired to be published in the corporation newspaper : Pro-
vided, that in no judicial or other proceeding shall the pub-
lication in such German paper be called in question, either
as to the fact of its publication or the correctness thereof.
§ 38. This act shall not invalidate any legal act done
by the common council of the city of Chicago or by its
officers ; nor divest their successors under this act of any
rights of property or otherwise, or liability which may have
accrued to, or been created by said corporation, prior to
the passage of this act.
292
Ordinance
force.
CITIES.
§ 39. All ordinances, regulations and resolutions now in.
force in the city of Chicago, and not inconsistent with this
act, shall remain in full force under this act, until altered,
modified or repealed by the common council, or other com-
petent authority, after this act shall take effect.
§ -it). This act shall be deemed a public act, and shall
take eii'ect and be in force from and after its passage.
Approved February 16, 1865.
f0ri865eb' 1G' AN ACT t0 rePcal the cIiartcr of Dallas City, and provide for the property
thereof.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That an act
Acts repealed, entitled " An act to incorporate Dallas City,'- approved Feb-
ruary IS, 1859, and sections one (1), two (2), three (3), four
(1), five (5), six (6), seven (T), eight (8), nine (9), ten (10),
eleven (11), twelve (12), thirteen (13), fourteen (1-1), fifteen
(15), sixteen (16), seventeen (L7), eighteen (18), nineteen
(19), twenty (20), twenty-one (21), twenty-two (22), twenty-
three (23), twenty-five (25), twenty-six (26), twenty-seven
(27), twenty-eight (28), and twenty -nine (29), of an act entitled
"An act to amend an act entitled 'an act to incorporate
Dallas City,' " approved February 18, 1S59, which last act
Rights vested in was approved February 22, 1861, be and the same are here-
township super- . 1 l . , i n i i m • -i
visor. by repealed, and ail the property and effects ot said city ot
"Dallas City" be and the same are hereby vested in the su-
pervisor of Dallas City township, in Hancock county, who
shall hold the same, for the use of the inhabitants of the
territory hereinafter described for a precinct for the election
of police magistrates and constables, and for the payment of
Debts ana assets the debts of said city of "Dallas City;" and all moneys
now in the hands of the treasurer of said city, or in the
hands of any other person, for the use of said city, shall be
paid into the hands of said supervisor, for the use of said in-
habitants; and all sums due to said city shall be collected
and paid over to said supervisor, for that use ; and all taxes,
now assessed, shall be collected and paid over to said super-
^tate.8611 real e3" yisovi f°r tne same use ; and said supervisor is hereby au-
thorized to sell and convey any real estate now belonging
to said city, and receive and hold the purchase money, for
the use of said inhabitants ; and all the funds so provided for
shall be disbursed by said supervisor, for the payment of
the debts of said city, and for the use of said inhabitants, as
shall, from time to time, be directed by a majority of a board
to manage the same, consisting of the said supervisor and
the two police magistrates hereinafter provided for. Said
Eond.
cities. 293
supervisor, at the time of giving his ordinary supervisor's
bond, shall, also, give bond to the people of the state of Illi-
nois, for the use of the inhabitants of said police justice pre-
cinct, in the sum of one thousand dollars, conditioned for the
faithful performance of his duties under this act ; and said
supervisor may sue for any debt due to said city, and may
be sued for any debt due from said city ; may provide for
the prosecution and defense of such suits ; but no execution
shall issue against him lor any debt of said city; but such
debt shall be paid, as other debts of said city, out of the
fund aforesaid, by order of said board of managers.
§ 2. The east half of .section thirty-four, all of section Police precinct,
thirty-live, and the west half of section thirty-six, in town-
ship eight north, in range seven west, in Henderson county,
and the west half of section one, all of section two, and
the east half of section three, in township seven north, in
range seven west, situate in Hancock county, shall consti-
tute one precinct, for police purposes ; and shall, on the first Election of p0-
Monday in May next, elect two police magistrates, and one lice masistrates-
police constable, to reside therein ; one of which said magis-
trates shall reside in Hancock and the other in Henderson
county ; and said police magistrate, residing in Henderson
county, shall be a justice of the peace of said county, in ad-
dition to those now provided by law ; and said police mag-
istrate, residing in Hancock county, shall be an additional
justice of the peace in the township of " Dallas City," in
said county ; and said magistrates shall have the same juris- Jurisdiction.
diction as other justices of the peace ; and said constable
shall have the same powers, authority and jurisdiction, in
the service of any process issued by either of said police
magistrates, throughout the said counties of Hancock and
Henderson, as any constable of said counties, respectively,
have ; and shall have the same fees as other constables.
Appeals may be taken from the judgments of said police Appeals,
magistrates the same as from other justices of the peace.
Said police magistrates and constables shall hold their office
for four years, and until their successors are elected and
qualified. Said magistrates shall take the same oath and Bonds of justices
give same bond as other justices of the peace. And said a"d oonstablcs-
constable shall take the same oath and give same bond, in
each of said counties, as other constables. And should a vacancies,
vacancy occur in said offices, or either of them, such vacancy
shall be filled by election, at any time, by order of the sur-
vivor in office of said officers, he or they giving ten days'
notice of said election, on the first Monday of May, 1869,
and every four years thereafter. The inhabitants of said Sections.
precinct shall elect the successors of said magistrates and
constable. Said elections shall be conducted "the same as
general elections in this state, and returns thereof shall be
made by the judges and clerk of election to the county
clerks of said counties, within ten days after such election.
Act tO 1 I &
29i CITIES.
And said precinct shall be styled "Dallas City" precinct.
Said police magistrate shall, in addition to the ordinary
jurisdiction of other justices of the peace, in this state, have
Process, how ex- jurisdiction over the whole of said Dallas City precinct ; and
any process issued by either of said police magistrates may
be executed by said constable in any part of said precinct,
whether in the county of such magistrate or not, with the
same effect as if in the county of such magistrate issuing the
same.
3. On the first Tuesday of April next, there shall be
an election held in the city of Dallas City, by the qualified
voters thereof, to determine whether the first and second
sections of this act shall go into effect or not ; at which elec-
tion the question shall be for and against repeal of the char-
ter of said city. Said vote shall be by ballot ; and those
voting for the repeal of said charter shall have written or
printed on the ballot deposited by them the words " for
repeal," and those voting against repeal, the words "against
repeal." Said election shall be conducted, in all respects,
as other city elections ; and if a majority of the votes polled
at said election shall be " for repeal," then said sections one
and two of this act shall take effect and be in force from and
after the first day of May, a. d. 1805. And the judges of
said election shall file in the omce of the clerk of each of
the counties of Hancock and Henderson one copy of the
said poll books and certificate of the result of said election,
within ten days thereafter; and if a majority of said votes
shall be " against repeal," then said sections shall have no
force.
This act shall take effect and be in force from and after
its passage, and shall be a public act.
Approved February 16, 18G5.
In force Feb. 16. AN ACT to charter the citv of Danville.
1865.
ARTICLE I.
BOUNDARIES, GENERAL POWERS, AND FORMATION OF WARDS.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Name ana style, inhabitants of the city of Danville, in the county of Yer-
milion, and state of Illinois, be and they are hereby consti-
tuted a body politic and corporate, by the name and style of
" The City of Danville," and by that name shall have per-
petual succession, and may have and use a common seal,
which they may change and alter at pleasure.
cities. 295
§ 2. The boundaries of said city shall include within Boundaries,
their limits all of the following described grounds, to wit :
The southwest quarter of section number four. (-A,) the south
half of section number five, (5,) the east half ot southeast
quarter of section number six, (6,) the northeast quarter of
the northeast quarter of section number seven, (7,) the
whole of section number eight, (8,) the west half of section
number nine, (9,) the northwest quarter of section number
sixteen, (16,) and the north half of section number seven-
teen, (17,) all in township number seventeen (17) north,
range number eleven (11) west. Said boundaries shall also
include within their limits all the land outside anil adjoining
the above described boundaries which have been laid on
into town lots, and recorded according to law.
§ 3. Whenever any tract of land, adjoining the city of Additions to.
Danville, shall be laid off into town lots, and recorded ac-
cording to law, the same shall be annexed to and form a
part of the city of Danville.
§ 4. The inhabitants of said city, by the name and style rowers.
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, to defend and be defended, in ail courts of law
and equity, and in all actions whatsoever ; to purchase, re- May toid ana
ceive and hold property, real and personal, in said city, and ?
to purchase, receive and hold property, real, beyond the
limits of said city, for burial grounds, for the use of the in-
habitants of said city ; and to sell, lease, convey and improve
property, real and personal, for the benefit of said dry ;
and to do all other things in relation thereto, as natural
persons.
§ 5. The city of Danville shall be divided into four ?; ;• ' '
wards, the boundaries of which shall be fixed by the city
council, and shall be, by the city, changed from time to
time, as they shall see fit, having regard to the number of
free white male inhabitants. The city council may create
additional wards as occasion may require, and fix the boun-
daries thereof.
ARTICLE II.
OFFICERS — THEIR ELECTION AND APPOINTMENT.
§ 1. The municipal government of the city shall consist city council.
of a city council, to be composed of the mayor, and one
alderman from each ward. The officers of the corporation officers of city.
shall be as follows: A city clerk, a city marshal, a city
treasurer, a city attorney, a city assessor and collector, a city
surveyor and engineer, a city supervisor and a police magis-
trate, who, in addition to the duties prescribed by this act,
shall perform such other duties as may be prescribed by
ordinance. There shall also be such other officers, servants
and agents of the corporation as may be provided by ordi-
296
CITIES.
Term o f office.
Officers appoint-
ed by council.
Division of al-
dermen.
Vacancy, how
filled.
New election,
when ordered.
Removal
office.
When office de-
clared vacant.
nance, to be appointed by tbe city council, and to perform
such duties as may be prescribed by ordinance.
§ 2. All officers elected or appointed under this act, ex-
cept aldermen and the police magistrate, 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 bal-
lot, on the third Monday of May in each year, or as soon
thereafter as may be ; but the city council may specially
authorize the appointment of "watchmen and policemen, by
the mayor, to continue in office during the pleasure of the
city council : Provided,- the mayor or marshal may be au-
thorized to remove them from office for good cause. All
officers elected or appointed to fill vacancies shall hold for
the unexpired term only, and until the election or appoint-
ment and qualification of their successors.
§ 3. The several wards of the city shall be represented
in the city council by one alderman from each ward, who
shall be bona fide residents thereof, and hold their offices
for two years from and after their election, and until the
election and qualification of their successors. At the first
meeting of the city council, after the first annual election
under this charter, the aldermen shall be divided, by lot,
into two classes, consisting of two aldermen each. The
seats of those of the first class shall be vacated at the
expiration of the first year, and of the second class at
the expiration of the second year ; so that one-half of the
board shall be elected annually.
§ 4. If, from any cause, there shall not be a quorum of
aldermen, the clerk shall appoint the time and place of
holding a special election to supply such vacancies, and to
appoint judges thereof, if necessary. If any alderman shall
remove from the ward represented by him, his office shall
thereby become vacant. If, from any cause, the officers
herein named shall not be appointed on the second Monday
of May, in each year, the city council shall adjourn, from
time to time, until such appointments are made. If there
should be a failure of the people to elect any of the officers
herein required to be elected, the city council may forthwith
order a new election.
§ 5. Any officer elected or appointed to any office may
be removed from such office by a vote of three-fourths of
the aldermen &vxtl\orized by law to be elected ; but no officer
shall be removed except for good cause, nor unless first fur-
nished wit^i the charges against him, and heard in his de-
fense ; and the city council shall have power to compel the
attendance of witnesses, and the production of papers, when
necessary for the purposes of such trial, and shall proceed,
within ten days, to hear and determine upon the merits of
the case ; and if such officers shall neglect to appear and
cities. 297
answer such charge, then the city council may declare the
office vacated : Provided, this section shall not be deemed Proviso,
to apply to any officer appointed by the city council ; such
officer may be removed at any time by a vote of three-
fourths, as aforesaid, in their discretion ; but any officer may s"^pce4"gion of
be suspended until the disposition of the charges, when
preferred.
§ 6. Whenever any vacancy shall occur in the office of v*c,ancy in '"ay-
mayor or alderman, such vacancy shall be filled by a new sued.
election ; and the city council shall order such new election
within ten days after the happening of such vacancy. Any 0^r^|ncieSj
vacancy occurring in any other office may be filled by ap-
pointment of the city council ; but no special election shall
be held to fill vacancies if more than nine months of the
time has expired.
§ 7. All citizens of the United States, qualified to vote citizens only eii-
, • i i n i i • i n i ,.n t . gible to office.
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 office under this act, or anv other act in relation
to said city, who is now, or may hereafter become, defaulter
to said city, or the state of Illinois, or to any other city or
county thereof; and any person shall be considered a de- ^hen^acanT06
faulter who has refused or neglected, or may hereafter refuse
or neglect, for thirty days after demand made, to account
for and pay over to the party authorized to receive the same,
any public moneys which may have come to his possession ;
and if any person holding any such office or place within
the city shall become a defaulter whilst holding such office
or place, the same shall thereupon become and be declared
vacant.
§ 8. "When two or more candidates for any elective office Welded68' how
shall have an equal number of votes for such office, the
election shall be determined by the casting of lots, in the
presence of the city council.
ARTICLE III.
ELECTIONS.
§ 1. A general election of all the officers -of the corpo- General election
ration requiring to be elected by this act, or any ordinance
of the city, shall be held in each of the wards of the city,
on the first Monday of May in each year, at such places as
the council may appoint, and of which six days' previous N°^e of elec"
notice shall be given, by written or printed notices, in three
public places in each ward, or by publication in the newspa-
per publishing the ordinances of the city, by the city clerk.
§ 2. The manner of voting and conducting the elections, Ei^ij,ons' how
held under this act, and contesting the same, the keeping
poll lists, canvassing of the votes and certifying the returns,
shall be the same, as nearly as may be, as is now, or may
hereafter be provided by law at general state elections : Pro- Proyis°-
—25
298 cities.
vided, the city council shall have power to regulate elections,
voting by baiiot. and the appointment of the judges thereof. The voting shall
be by ballot, and the judges of the election shall take the
same oath, and shall have the same powers and authority, as
the judges of general elections. After the closing of the polls,
the ballots shall be counted, in the manner provided by law,
Election returns, and the returns shall be returned, sealed, to the city clerk,
within three days after the election ; and, thereupon, the
votes, how can- city council shall meet and canvass the same, and declare
vasaed. t|ie resilj£ 0f j-j^g election. The person having the highest
number of votes for any office, shall be declared elected. It
oierk to notify shall be the duty ot the city clerk to notify all persons elected
persons e ected. Qr appointed to office, of their election or appointment, and
unless such person shall qualify within thirty days there-
after, the office shall become vacant.
Qualifications of § 3. No person shall be entitled to vote at any election
yoters. under this act, who is not entitled to vote at state elections,
and has not been a resident of the city at least six months
next preceding said election. He shall have been, more-
over, an actual resident of the ward in which he proposes to
vote, for ten days previous to such election, and if required
by any judge or qualified voter, shall take the following oath
oath of voter, before he is 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 the state at the time of
the adoption ot the constitution,) and have been a resident
of this state one year, and a resident of this city six months,
and have been for ten days, and am still, a resident of this
Proviso. ward, and have not voted at this election :" Provided, that the
voter shall be deemed a resident of the ward in whicn he is
accustomed to lodge.
Poiis not to be 8 4. No election shall be held in any ptos; shop, or other
place where intoxicating liquors are sold by retail.
held in doggery
ARTICLE IV.
POWERS AND DUTIES .QF OFFICERS. . . !•
oath of officers. Section 1. Every person chosen or appointed to an ex-
ecutive, judicial, or administrative office, under this act, shall,
before lie enters upon the duties of his office, take and sub-
scribe the oath of office prescribed in the constitution of this
state, and file the same, duly certified by the officer before
whom the same was taken, with the city clerk.
oath of mayor. § "A. The mayor shall, before he enters upon the duties
of his office, in addition to the usual oath, swear, or affirm,
that he will devote so much of his time to the duties of his
office as an efficient and faithful discharge thereof may re-
quire. He shall preside over the meetings of the city coun-
cil, and shall take care that the laws of this state, and the
ordinances of this city, are duly enforced, respected and ob-
served, within this city, and that all the officers of the city
citiks. 299
discharge their respective duties. He shall cause negli- Negligence ana
gence and positive violations of duties to be prosecuted and «<».* ono
punished. He shall, from time to time, give the city council
such information, and recommend such measures, as he may
deem advantageous to the city.
§ 3. He is hereby authorized to call upon any, and all Ma>"f'r ma? «a"
,°. i • i i -i ,.,, .. L •' i on the people to
white male inhabitants or the city, or county, over the age enforce laws.
of eighteen years, to aid in enforcing the laws of the state,
or the ordinances of the city ; and any person who shall not Fine t0* refusal.
obey such call, shall forfeit to the city a fine of not less than
five dollar.-.
§ 4. He shall have power, whenever he shall deem it 0ffi?e£?; *he.n to
O > i 5 _ # exhibit books.
necessary, to require ot any or the officers of the city, an ex-
hibit of his books and papers; and he shall have power to
execute all acts that may be required of him by this act, or
any ordinance made in pursuance thereof.
§ 5. He shall be liable to indictment in the circuit court Mai-conduct of
of Vermilion county for palpable omission of duty, willful
oppression, malconduct, or partiality in the discharge of the
duties of his office, and, upon conviction, shall be subject to
fine, not exceeding one hundred dollars ; and the court Ke™oval from
shall have power, upon the recommendation of the jury, to
add, as a part of the judgment, that he be removed from
office.
§ C. He shall recei . uch salary as may be fixed by or- Mayor'B saiary-
dinance, not exceeding iWq hundred dollars per annum.
§ 7. All ordinances and resolutions shall, before they °Whlnanctos' take
take effect, be placed in the office of the city clerk, and if effect-
the mayor approve thereof, he shall sign ihe same; and veto of mayor,
such as he shall not approve, he shall return to the city
council with his objections to the same. Upon the return of Wheu coun?.u
t J i . , , . may Pass °>"di-
any ordinance or resolution, by the mayor, the vote by which nances.
the same was passed shall be reconsidered; and if, after
such reconsideration, the majority of all the members elected
to the city council shall agree, by ayes and noes, which shall be
entered upon the journals, to pass the same, it shall go into
effect ; and if the mayor shall neglect to approve or object
to any such proceedings for a longer period than three days
after the same shall be placed in the clerk's office, as afore-
said, the same shall go into effect. He shall be, ex-offlcio, Mayor Probitta
i • • L l j i 1 1 i ,•••!...' magistrate.
ponce magistrate, and shall have concurrent jurisdiction m
the hearing and punishment of all offenses in violation of
the city ordinances ; and in the absence, sickness, or other to try causes,
disability of the police magistrate proper, it shall be, and is .
hereby made his express duty, to try and punish such per-
sons as may be found in violation of any of the ordinances
aforesaid. He shall, also, ex-officio, have power to adminis- To. administer
ter any oath required to be taken, by this, or any law of the
state, to take depositions, the acknowledgment of deeds,
mortgages, and all other instruments of writing, and certify
the same under the seal of the city, which shall be good and
valid in law.
300 CITIES.
Mayor's office, § 8. In case of vacancy in the office of mayor, or of his
when vacant, ^[^g unable to perform the duties of his office, by reason of
temporary or continued absence or sickness, the city council
shall appoint one of its own members, by ballot, to preside
over its meetings, whose official designation shall be "acting
mayor ;" and the alderman so appointed shall be vested
with all the powers, and perform all the duties, of the mayor,
Maybe filled by until the mavor shall resume his office, or the vacancy shall
council. be tilled by - new electJ0n<
firewardens. § 9. The members of the city council, together with the
mayor, shall be, ex-officio, fire wardens and conservators of the
peace, within the city, and shall be exempt from jury duty,
or street labor, or the payment of street taxes, during their
term of office.
cierk to keep 8 io. The clerk shall keep the corporate seal, and
seal and records , ° ill v l • , ,i •, l i n
the papers and books belonging to the city ; lie shall
attend all the meetings of the city council, and keep a full
record of their proceedings upon the journals ; and copies of
all papers, duly filed in his office, and transcripts of the
journal of the proceedings of the city council, duly certified
copies of re- by him under the corporate seal, shall be evidence in all
cords evidence. » . , . , ' ,..,, ... , . XT
courts, m like manner as it the originals were produced, lie
Duties of cierk. shall likewise draw all warrants on the treasury and coun-
tersign the same, and keep an accurate account, thereof in a
book provided for that purpose. He shall also keep an ac-
curate account of all receipts and expenditures in such man-
ner as the city council shall direct. And he shall have
power to administer any oath required to be taken by this act.
Duties of city at- § H« It shall be the duty of the city attorney to \ erform
tomey. a\\ professional services incident to his office, and, when re-
quired, to furnish written opinions upon questions and sub-
jects submitted to him by the city council, or the mayor, or
any of its committees: Provided, how ever, the offices of city
attorney and city clerk may be vested in the same person.
Duties of treasu- § 12. The city treasurer shall receive all moneys be-
rer' longing to the city, and shall keep an accurate account of
all receipts and expenditures in such manner as the city
council shall direct. All moneys shall be drawn from the
treasury, in pursuance of an order of the city council, by a
treasury warrant, signed by the mayor or presiding officer
of the city council, and countersigned by the city clerk.
Such warrant shall specify for what purpose the amount
Treasurer's an- therein named shall be paid. The treasurer shall exhibit to
nuai exhibit, the city council, at least twenty days before the annual
election in each year, and oftener if required, a full and de-
Detaiied account tailed account of all the receipts and expenditures since the
dateot the last annual report, and also the state of the trea-
sury, which accounts shall be filed in the office of the city
clerk.
nmarXhthed,y § 13. The city marshal shall perform such duties as
CITIES. 301
shall be prescribed by the city council, for the preservation
of the public peace, the collection of license money, fines, or
otherwise. lie shall possess the power and authority of a Marshal's fee?,
constable at common law, and under the statutes of this
slate, and shall receive like fees ; but shall not serve civil
process without first entering into bond as such constable,
to be approved by the county court, as in other cases. He
shall execute and return all process issued by any proper
officer, under this act. or any ordinance in pursuance thereof.
§ 14. The city engineer and surveyor shall have the sole Duties of em-
power, under the direction and control of the city council, veyor. °
to survey within the city limits; and he shall be governed
by such rules and ordinances, and shall receive such fees
and emoluments for his services as the city council shall di-
rect and prescribe. lie shall possess the same power in
making plats and surveys in the city, as is given, by law, to
the county surveyor. He shall, when required, superin-
tend the construction of all public works ordered by the
city, make out the plans and estimates thereof, and contract
for the erection of the same. He shall perform all survey-
ing and engineering ordered by the city council, and shall,
under their direction, establish the grades and boundaries of
the streets and alleys ; but such plans, estimates, contracts,
grades and boundaries, shall be first reported to the city
council, and approved by them, or they shall not be valid.
S 15. The assessor and collector shall perform all the Dudes of ^fef-
-.-'..,. . ,, £• i sor an" coiiect-
duties in relation to the assessing of property, lor the pur- or.
pose of levying the taxes imposed by the city council. In
the performance of his duties, he shall have the same pow-
ers as are, or may be given by law to town or county asses-
sors, and be subject to the same liabilities. The completing
the assessment lists, and having revised and corrected the
same, he shall sign and return them to the city council. He
shall collect all taxes and assessments which may be levied
by the city council, and perform such other duties as may
be herein prescribed or ordained by the city council.
§ 16. The supervisor shall superintend all local im- Duties of super-
pro vements in the city, and carry into effect all orders of
the city council in relation thereto. It shall also be his
duty to superintend and supervise the opening of streets
and alleys, and the grading, improving and repairing there-
of, and the construction and repairing of bridges, culverts
and sewers ; to order the laying, relaying and repairing of
sidewalks; to give notice to the owners of property adjoin-
ing such sidewalk, when required ; and upon the failure of
any person to comply with such notice, to cause the same
to be laid, relaid, repaired, and apportion the costs thereof
among the persons or lots properly chargeable therewith,
and deliver the account thereof to the city clerk, to be laid
before the city council; to make plans and estimates of any
work ordered in relation to the streets and alleys, bridges,
302 CITIES.
Expenditures culverts and sewers; to keep full and accurate accounts, in
t£ns.applopm" appropriate books, of all appropriations made for work per-
taining to his office, and all disbursements thereof, specify-
ing to whom made, and on what, account ; he shall render
quarterly accounts thereof to the city council.
Duties of police ~ § 17. The police magistrate, under the charter of the
magistrate. Q^ Qf j)anv^]e? g}m}] ft0 \m(\ perform all the duties now re
quired by the law creating the office of police magistrates,
entitled "An act for the better government of towns and
cities, and to amend the charters thereof," approved 27th
February, 1854; and, in addition thereto, shall have full
power and authority to hear, try, and punish, in such man-
ner as may be prescribed by the ordinances of the city, all
persons guilty of violating any of the provisions of the same :
Proviso. Provided, that the present incumbent shall hold over until
the term for which he was elected shall expire, and that hi1;
Election. successor be elected at the annual city election, of the year
in which his term expires, and every four years thereafter.
vowers of city g IS. The city council shall have power, from time to
time, to require further and other duties from all the officers
whose duties are herein specified, and prescribe the powers
and duties of all officers elected or appointed to any office
under this act, whose duties are not herein specifically men-
tioned, and fix their compensation. They may, also, re-
quire all officers, severally, before they emer upon the du-
Bonds of officers ties of their respective offices, to execute a bond to the city
of Danville, in such sum, and with such securities as they
may approve, conditioned that they shall faithfully execute
the' duties of their respective offices, and account for, and
pay over, and deliver all moneys, and other property re-
ceived by them ; which bond, with the approval of the city
Bond.., where council certified thereon by the clerk, shall be filed in his
filed- ' office.
Failure to hand § 19. If any person, having been an officer of said city,
over books, etc. ^jj j^,^ within ten days after notification and request, de-
liver to his successor in office all books, property, papers
and effects, of every description, in his possession, belong-
in;;- to said city, or appertaining t;> his said office, lie shall
forfeit and pay, for the use of the city, fifty dollars, besides
all damages caused by his refusal or neglect so to deliver ;
and such successor may recover possession of the books, pa-
pers and effects belonging to his office, in the manner now
provided by law.
officers, how § 20. All officers, elected or appointed under this act,
commissioned. g|ul]i j)0 comrnissioned, by warrant, under the corporate seal
of the city, signed by the mayor, or presiding officer of the
city council, and clerk, and they shall, severally, receive
such compensation as may be fixed by the ordinances of
said city ; and those of them not heretofore exempted are
Pay of officers. ])j this section severally exempted from serving upon juries,
and from road or street labor, and from the payment of a
street tax.
CITIES. 303
ARTICLE V.
POWERS OP THE CITY COUNCIL, AND DUTIES.
§ 1. The mayor and aldermen shall constitute the city Meeting of coun-
council. The council shall meet at snch time and place as Cl1'
they shall, by resolution, direct. The mayor, when present,
shall preside at all meetings of the city council, and shall
have only the casting vote. In his absence, any one of the Mayor pro tem.
aldermen may be appointed to preside. A majority of the
persons elected aldermen shall constitute a quorum.
§ 2. The members of the city council shall receive such pay of council
compensation for their services as the city council shall
direct : Provided, that no member of the city council shall Proviso,
receive more than two dollars for each regular monthly
meeting of the city council, and not more than one dollar
for every called or special meeting of the same ; and if any
member shall be absent from any meeting of the city coun-
cil, he shall not receive pay for that meeting. No member
of the city council shall be appointed to, or be competent to counciimen may
hold any office, of which the emoluments are paid from the or receive0 ron-
city treasury, or paid by fees directed to be paid by any act Work. <or c"7
or ordinance of the city council ; or be directly or indi-
rectly interested in any contract, the expense and considera-
tion whereof is to be paid under any ordinance of the city
council, or be allowed to vote in any matter in which he is
directly interested, personally or pecuniarily.
§ 3. The city council shall hold twelve stated meetings, Monthly meet-
one in each month during the year, and the mayor or any ings'
two aldermen may call special meetings, by notice to each special meetings,
of the members of the city council, served personally, or
left at their usual places of abode. That said city council of
Danville shall not, at any time, issue bonds for a greater Bonds,
amount than ten thousand dollars, except for school purpo-
ses, as hereinafter provided, without submitting the ques-
tion of issuing such bonds, to a vote of the legal voters of
said city; which vote or election shall be held as elections vote on issueof
are now held under this charter, for the election of such bonds'
officers of the corporation, as by this act, are required to be Election, how
elected by a vote of the people. If there is a majority in held'
favor of issuing bonds, then it shall be lawful for the corpo-
ration, acting through the proper officer, to issue said bonds.
Petitions and remonstrances may be presented to the city
council, and they shall determine the rules of their own pro-
ceedings, and be the judges of the election and qualification
of their own members, and shall have power to compel the
attendance of absent members.
§ 4. The city council shall have the control of the finan- Powers of corni-
ces, and of all the property, real, personal and mixed, be- cU'
longing to the corporation ; and shall likewise have power
within the city, by ordinance :
Jfirsti To borrow money on the credit of the city, and Borrow money.
304:
CITIES.
Extent of bonds.
Surplus funds,
how applied.
Debts of city.
Diseases.
Quarantine laws.
General health.
Nuisances.
Water and wells.
Fires.
Streets and alleys
Grades.
Si-wers.
Bridges.
Water courses.
issue the bonds of the city therefor, as provided in the pre-
ceding section, but no nun of money shall be borrowed at
higher rate of interest than the rate allowed by law ; nor
shall a greater sum or sums be borrowed, or at any time be
outstanding, the interest upon the aggregate of which shall
exceed the one-half of the city revenue, arising from the
ordinary taxes within the city for the year immediately pre-
ceding ; no bonds shall be issued, or negotiated at more
than ten per cent, below par value ; and when so issued, or
negotiated, the interest on the same shall not exceed the
rate per cent, allowed by law. The appropriations of the
city council, for the payment of the interest for improve-
ments and for city expenses during any one fiscal year, shall
not exceed the whole of the ordinary revenue of the city
for the fiscal year immediately preceding, but the council
may apply any surplus money in the treasury to the extin-
guishment of the city debt, or to the creation of a sinking
fund, fur that purpose, or to the carrying on of the public
works of the city, or to the contingent fund, for the contin-
gent expenses of the city.
Second. To appropriate money, and provide for the pay-
ment of the debts and expenses of the city.
Third. To make regulations to prevent the introduction
of contagious diseases into the city ; to make quarantine
laws for that purpose, and to enforce them within the city,
and within live miles thereof.
Fourth. To make regulations to secure the general health
of the inhabitants ; to prevent, abate and remove nuisances,
and punish the authors thereof by penalties, fines and im-
prisonment; to define and declare what shall be deemed
nuisances, and authorize and direct the summary abatement
thereof.
Jb'ifth. To provide the city with water; to make, regu-
late and establish public wells, pumps and cisterns, hy-
drants and reservoirs in the streets, within the city, or be-
yond the limits thereof, for the extinguishment of fires, and
the convenience of the inhabitants, and to prevent the un-
necessary waste of wrater.
Sixth. To have the exclusive power and control over the
streets, alleys and highways of the city, and to abate or re-
move any encroachments or obstructions thereon ; to open,
alter, abolish, widen, extend, straighten, establish, regulate,
grade, clean, or otherwise improve the same ; to put drains
or sewers therein, and prevent the encumbering thereof in
any manner, and protect the same from any encroachment
or injury.
Seventh. To establish, erect, construct, regulate and keep
in repair, bridges, culverts, sewers, sidewalks and crossings,
and regulate the construction and use of the same, and
abate any obstructions or encroachments thereof; to establish,
alter, change and straighten the channels of water courses
CITIES. 305
and natural drains, to sewer the same, or wall them up and
cover them over, and to prevent, regulate and control the
filling up, altering or changing the channels thereof by pri-
vate persons.
Eighth. To provide for lighting the streets, and erecting Lamps and light.
lamp posts and lamps therein, and regulate the lighting
thereof; and, from time to time, create, alter or extend lamp Lamp districts,
districts ; to exclusively regulate, and control, and direct the
laying and repairing the gas pipes and gas fixtures in the Gas pipes,
streets, alleys and sidewalks.
Ninth. To establish and erect markets and market Markets.
houses, and other public buildings of the city, and provide
for the government and regulation thereof, and their erec-
tion and location, and authorize their erection in the streets
and avenues of the city, and the continuation of such as are
already within the same.
Tenth. To provide for the inclosing, regulating and im- Public grounds,
proving of all public grounds and cemeteries, belonging to
or used by the city, either within or without the same, and
to direct and regulate the planting and preserving of orna- shade trees.
mental and shade trees in the streets or public grounds.
Eleventh. To erect or establish one or more hospitals or Hospitals,
dispensaries, and control and regulate the same.
Twelfth. To prevent the encumbering of the streets, obstructions.
alleys, sidewalks, or public grounds, with carriages, wagons,
carts, wheelbarrows, boxes, lumber, timber, firewood, posts,
awnings, signs, or any other substance or material what-
ever ; to compel all persons to keep the snow, ice, dirt, and
other rubbish from the streets and sidewalks and gutters in
front of the premises occupied by them.
Thirteenth. To license, tax and regulate merchants, License.
commission merchants, innkeepers, brokers, money bro-
kers, insurance brokers and auctioneers ; to impose duties
on the sale of goods at auction ; to license, tax, regulate and
prohibit and suppress hawkers, peddlers, pawnbrokers,
grocery keepers, and keepers of ordinaries, theatrical or
other exhibitions, shows and amusements.
Fourteenth. To license, tax, regulate and suppress, hack- Hackmen-
men, draymen, omnibus drivers, porters, and all others pur-
suing like occupations, with or without vehicles, and pre-
scribe their compensation ; to regulate and restrain runners
for stages, cars and public houses.
fifteenth. To license, tax, regulate, prohibit and sup- Biniard tables.
press billiard tables, pin alleys and ball alleys ; to suppress
and restrain disorderly houses, gambling and gambling
houses, tippling shops, groceries and bawdy houses, lotteries
and all fraudulent devices and practices, and all playing of Gaming,
cards, dice, and other games of chance, with or without bet-
ting, and to authorize the destruction of all instruments and
devices used for the purpose of gaming.
306 CITIES.
Licenses. Sixteenth. To authorize the proper officer of the city to
grant ami issue licenses, and to direct the manner of issuing
and registering thereof, and the fees and charges to be paid
therefor. No license shall be granted for more than one
year; and not less than ten, nor more than five hundred dol-
lars, shall be charged for any license under this act ; and
the fees for issuing the same shall not exceed five dollars ;
but no licenso for the sale of wines, or other ardent or vi-
nous, fermented or malt liquors, at wholesale or retail, by
grocery keepers, innkeepers, or others, shall be issued for
less than fifty dollars.
brinks, mtoxica- Seventeenth. To restrain, regulate and prohibit the sell-
ing or giving away of any intoxicating or malt liquors, by
any person within the city, except by persons duly licensed ;
to forbid [and] punish the selling or giving away of any in-
toxicating or malt liquors, to any minor, apprentice or ser-
vant, without the consent of the parent, guardian, master or
mistress.
Forestalling. Eighteenth. To prevent, restrain and punish forestalling
inspection of and regrating ; to regulate the inspection and vending of
meats and fish. fregh meatg) p0Qitry and vegetables, butter, lard and other
provisions, and the place and manner of selling fish, and
the inspection of the same.
Butchers. Nineteenth. To regulate, license and prohibit butchers,
and to revoke their licenses for malconcluct, in the course
of trade.
weights and Twentieth. To establish standard weights and measures,
and regulate the weights and measures to be used within
the city, in all cases not otherwise provided by law; to
require all traders and dealers in merchandise, or property
of any description which is sold by measure or weight, to
cause their measures and weights to be tested and sealed by
the city sealer, and to be subject to his inspection. The
standard of such weights and measures shall be conformable
to those established by law or ordinance.
Lumber and tim- Toenty -first. To regulate and provide for the inspecting
ber' and measuring of lumber, shingles, timber, posts and staves,
Building materi- heading and all kinds of building materials, and for the
measuring of all kinds of mechanical work, and appoint
one or more inspectors or measurers.
"coai. Hme and Twenty -second. To provide for the inspecting and weigh-
ing of hay, lime and stone coal, and the place and manner
of selling the same ; to regulate the measurement of fire-
wood and fuel, wood, charcoal and other fuel, to be sold or used within the
city, and the place and manner of selling the same.
Beef, pork, Hour Twenty ■■third. To regulate the inspecting of beef, pork,
flour, meal and other provisions, salt, whisky and other
liquors, to be sold in barrels, hogsheads, and other vessels
inspectors and or packages ; to appoint weighers, guagers and inspectors,
and prescribe their duties and regulate their fees: Provided,
that nothing herein shall be construed as to require the
CITIES.
307
inspection of any article enumerated herein, •which arc to
be shipped beyond the limits of the state, except at the
request of the owner thereof, or his agent.
Twenty-fourth. To regulate the quality and weight ofBread-
the bread to be sold in the city, or used within the same.
Twenty-fifth. To regulate the size and quality of brick Brick-
to be sold or used within the city and the inspection thereof.
Twenty-sixth. To create, establish and regulate the police city police,
of the city ; to appoint watchmen and policemen, and pre-
scribe their duties and powers.
Twenty-seventh. To prevent and suppress any riot, rout, Riots and affrays
affray, noise, disturbance or disorderly assembly, in any
public or private place within the city.
Twenty-eighth. To prohibit, prevent and suppress horse Horse racins-
racing, immoderate riding or driving in the streets, and to
Authorize persons immoderately riding or driving, as afore- Fast driving,
said, to be stopped by anj person ; to prohibit and punish
the abuse of animals; to compel persons to fasten tbeir Abuseofanima,B
horses, or other animals, attached to any vehicle or other-
wise, while standing or remaining in the streets.
Twenty -ninth. To restrain and punish vagrants, mendi- v^E^l and
cants, street beggars and prostitutes.
Thirtieth. To regulate, restrain or prohibit the running stockat lar&e-
at large of horses, cattle, swine, sheep, goats and geese, and
to authorize the distraining, impounding and sale of the
same for the costs of the proceedings and the penalty incur-
red, and to impose penalties upon the owners thereof, for a
violation of any ordinance in relation thereto; to regulate,
restrain and prohibit the running at large of dogs, and to D°ss-
authorize their destruction, when at large, contrary to ordi-
nance, and to impose penalties on the owners or keepers
thereof.
Thirty first. To prohibit and restrain the rolling of hoops, Hoops and kites,
flying of kites, or the discharging of fire-arms, or any other Fhearms-
amusements or practices tending to annoy persons passing
on the streets or sidewalks, or to frighten horses or teams ;
to restrain and prohibit the ringing of bells, blowing of Ben ringing, etc.
horns or bugles, crying of goods or any other noises, per-
formances or practices tending to the collection of persons
upon the streets or sidewalks, by auctioneers and others, for
the purpose of business, amusement or otherwise.
Thirty second. To abate all nuisances wdiich may injure Nuisances.
or affect the public health or comfort, in any manner they
may deem expedient.
Thirty-third. To do all acts, and make all resolutions
which may be necessary or expedient for the promotion of
health and the suppression of disease.
Thirty fourth. To compel the owner or occupant of any stabies, privies,
grocery, cellar, soap or tallow chandler, or blacksmith shop,
tannery, stable, privy, sewer, or other unwholesome or
nauseous house or place ; to cleanse, remove or abate the
308 CITIES.
same, as may be necessary for the health, comfort or con-
venience of the inhabitants.
Breweries, foun- Thirty -fifth. To direct the location and regulate the
management and construction of breweries, tanneries, black-
smith shops, foundries, livery stables and packing houses;
to direct the location and regulate the management and
construction of, and restrain, abate and prohibit within the
city, and to the distance of one mile from the limits thereof,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal, and such other
substances as may be rendered, and all other establishments
or places where any nauseous, offensive or unwholesome
business may be carried on.
interment of the Thirty-sixth. To regulate the burial of the dead ; to
establish and regulate one or more cemeteries ; to regulate
the registration of births and deaths ; to direct the returning
and keeping of bills of mortality ; and to impose penalties
on physicians and sextons, and others for any default in the
premises.
city census. Thirty -seventh. To provide for the taking of an enume-
ration of the inhabitants of said city.
workhouse. Thirty -eighth. To erect and establish a work-house, or
house of correction, make all necessary regulations therefor,
and appoint all necessary keepers and assistants. In such
work-house or house of correction may be confined all strag-
vagrants, etc. glers, vagrants, idle and disorderly persons, who may be
committed thereto by any proper officer, and all persons
Persons sen- sentenced by any criminal court or magistrate, in and for
the city, or for the county of Yermilion, for any assault or
battery, petit larceny, or other misdemeanor punishable by
imprisonment in the county jail, and [any] person who shall
fail or neglect to pay any fine, penalty or costs imposed by
any ordinance of the city for any misdemeanor, breach of
any ordinance of the city, may, instead of being committed
Persons subject to the county jail of Yermilion county, be kept therein
and be subject to hard, labor and confinement.
Destitute chii- Thirty '-ninth. To authorize the taking up and providing
dren. for the safe keeping and education, and for such period of
time as may be deemed expedient, of all children who are
destitute of proper parental care, wandering about the
streets, committing mischief and growing up in mendicancy,
ignorance, idleness and vice.
Yards, cellars, fortieth. Td fill up, drain, cleanse, alter, relay, repair
and regulate any grounds, lots, yards, cellars, private drains,
sinks and privies; direct and regulate their construction and
cause the expenses thereof to be assessed and collected in
the same manner as sidewalk assessments.
Railroad tracks, Forty-first. To direct and control the laying and con-
struction of railroad tracks, bridges, turn-outs and switches
in the streets and alleys, and the location of depot grounds
within the city ; to require that railroad tracks, turn-outs,
CITIES. 309
bridges and switches interfere as little as possible with the
ordinary travel and use of the streets and alleys of the city,
and that a sufficient space shall be left on either side of
tracks for the safe and convenient passage of teams and
persons ; to require the railroad companies to keep in repair
the streets through which their track may run, and to con-
struct and keep in repair suitable crossings at the intersec-
tion of streets and alleys, and ditches, and sewers, and cul-
verts when the city council may deem necessary, and to
prohibit the use and regulate the speed of locomotive engines
within the inhabited parts of the city; to prohibit and
restrain railroad companies from doing storage or warehouse
business, or collecting pay for storage.
Forty -second. The city conned shall have power to pass, ordinances,
publish, amend and repeal all ordinances, rules 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 and proper, to carry into
effect the powers vested by this act in the corporation, the
city government or any department or officer thereof; to
enforce the observance of all such ordinances, rules or police Enforcement of
regulations, and to punish violations thereof b}7 fines, penal- ordmances-
ties and imprisonment in the county jail, city prison or work
house, or both, in the discretion of the magistrate or court
before whom conviction may be had, but no fine or penalty
shall exceed five hundred dollars, nor the imprisonment six Etentof uneand
months for any offense ; and such fine or penalty may be imprisonment.
recovered with costs in an action of debt, in the name and
for the use of the city, before any court having jurisdiction,
and punishment inflicted ; and any person upon whom any
fine or penalty is imposed shall stand committed until the UnP^d fines-
payment of the same and costs, and [in] default thereof may
be imprisoned in the county jail, city prison, or work-house,
or be 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 ordinance.
ARTICLE VI.
§ 1. The city council shall have power within the city Annual tax.
by ordinance :
First. To levy and collect, annually, taxes, not exceed-
ing five mills to the dollar on the assessed value of all the
real and personal estate and property within the city, and
all personal property of the inhabitants thereof, made tax-
able by the 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.
310
CITIES.
School houses
and schools.
Interest on city
debt.
City hall and
markets.
Local
ments.
Extent of tax
Lighting city
Street labor.
Second. To annually levy and collect taxes not exceed-
ing live mills to the dollar per annum, on all property taxa-
ble for state purposes, and to issue bonds as heretofore
provided for purchasing school houses, building and repair-
ing school houses, and supporting and maintaining schools.
Third. To levy and collect taxes not exceeding live mills
to the dollar per annum, on all property subject to taxation,
to meet the interest accruing on the debt of the city; and
the city council shall pass no ordinance or resolution incur-
ring or creating a debt, without at the same time making
provisions for the levying a tax sufficient to pay the interest
accruing thereon when payable.
Fourth. To annually levy and collect taxes on all prop-
erty subject to taxation, when required, for the erection of
a city hall, markets, city prison or work-house, or hospi-
tals ; the purchase of market grounds, public squares, or
parks, or any other public improvements : Provided, the
estimated cost of a city hall, hospital, work-house, or mar-
ket house, may be apportioned by the city council, and col-
lected by a series of annual assessments ; but the cost of
market grounds, markets, public squares, or other improve-
ments, may be levied and collected upon all the real estate
and other property in the natural division of the city in
improve- which they are located. No local improvement under this
section shall be ordered in any division or ward, unless the
alderman from such ward shall vote for the same; but no
tax or taxes shall be levied in any one year under this sec-
tion, which shall exceed five mills to the dollar on the prop-
erty assessed, for any or all the purposes herein specified.
The revenue arising from such market or other improve-
ment, shall be applied to the liquidation of the costs thereof,
and taxes shall be levied and collected to make up the de-
ficiency.
Fifth. To levy and collect upon all property in such
districts as they shall, from time to time, create a tax suffi-
cient to defray one-half of the expenses of erecting lamp
posts, lamps, and lighting the streets in such district or ward,
and the tax thus collected shall be exclusively expended for
such purposes in the district or ward paying the same.
Sixth. To require it, and it is hereby made the duty of
every male resident of the city, over the age of twenty-one
years, and under the age of fifty years, to labor three days
in each year uj)on the streets and alleys of the city ; but
any person may, at his option, in lieu thereof, pay such sum
as may be prescribed by ordinance, not exceeding five dol-
lars: Provided, the same shall be paid within ten days
after the notification by the supervisor. In default of pay-
ment as aforesaid, the sum of five dollars and costs may be
collected, and no set-off shall be allowed in any suit brought
to collect the same.
CITIES. 311
ARTICLE VII.
OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS,
§ 1. The city council shall have power to open and lay s^efa an(i 3l
out public grounds or squares, streets, alleys and highways,
and to alter, widen, contract, straighten and discontinue the
same. But no street, alley, or highway or any part thereof s^ed, etch°w
shall be discontinued or contracted without the consent, in
writing, of all persons owning land or lots adjoining said
street, alley, or highway. They shall cause all streets, al- s£™^fana re-
leys and highways, or public squares or grounds laid out by
them, to be surveyed, described and recorded in a book to
be kept by the clerk, showing accurately and particularly
the proposed improvements, and the real estate required to
be taken ; and the same when opened and made, shall be
public highways and public squares.
§ 2. Whenever any street, alley or highway, public nb0ew^eefe8dmay
ground or square is proposed to be laid out, opened, altered,
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 take and appropriate
the land necessary for the same, to the owner thereof by
publishing said notice for ten days, in the newspaper pub-
lishing the ordinances of the city; at the expiration of which
time they shall choose by ballot, three disinterested free-
holders 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 same time, deter-
mine what persons will be benefitted by such improvements,
and assess the damages and expenses thereof on the real
estate benefitted thereby in proportion, as nearly as may be,
the benefits resulting to each. A majority of all the alder-
men authorized by law to be elected, shall be necessary to
a choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and commissioner
• i, • it «• i • i -i- to take oath.
impartially to execute their duties, to the best ot their abili-
ties, before entering upon their duties. They shall give at N^;f0°ferB.C0,n'
least five days' notice to all persons interested, of the time
and place of their meeting for the purpose of viewing the
premises and making their assessments ; which notice shall
be given personally, if the owners or residents are known,
or by publication in the newspaper publishing the ordinan-
ces of the city, if the owners are non-residents or unknown.
They shall view the premises, and in their discretion, receive
any legal evidence, and may, if necessary, adjourn from
day to day.
§ 4. If there shall be any building standing, in whole ^^^fyf1118"
or in part, upon the land to be taken, the commissioners,
before proceeding to make their assessments, shall first esti-
mate and determine the whole value of such building to . *
the owner, aside from the value of the land, and the actual
312 CITIES.
injury to him in having such building taken from him ; and
secondly the value of such building to him to remove the
same.
Notice to i resi- « 5. At least five days' notice shall be given to the own-
dents find Don-
residents. er, of such determination, when known and a resident of the
city, which may be given personally or in writing, left
at his usual place of abode, and if a non-resident or un-
known, a like notice shall be given to all persons interested,
by publication in the newspaper publishing the ordinances
of the city. Such notice shall specify the building and the
award of the commissioners, and shall be signed by them.
It shall also require the persons interested, to appear by a
clay to be named therein, or give notice of their election to
the city council either to accept the award of the commis-
sioners, and allow such building to be taken, with the land
condemned or appropriated, or of their intention to receive
such building at the value set thereon by the commission-
Time for removal ers to remove. If the owner shall agree to remove such
building, he shall have such reasonable time for such pur-
pose as the city council may direct.
Bondings may be § q. If the owner refuses to take the building at the ap-
praised value, to remove, or fails to give notice of his inten-
tion as aforesaid, within the time prescribed, the city council
shall have power to direct the sale of such building at auc-
tion, for cash, or on credit, giving five days' public notice of
the sale. The proceeds of the sale shall be paid to the
owner, or deposited to his use.
Rmteion°ers.com" § f- The commissioners shall thereupon proceed to make
their assessments, and determine and appraise to the owner
the value of the real estate appropriated, and the injury
arising from the condemnation thereof, which shall be
awarded to such owner as damages, after making due al-
lowance therefrom for any benefit which such owner shall
or may derive from such improvements. In the estimate
of the damages to the land, the commissioners shall include
the value of the buildings (if the property of the owner of
the land) as estimated by them as aforesaid, less the pro-
ceeds of the sale thereof; or if taken by the owner at the
value to remove, in that case they shall onlv include the
difference between such value and the whole estimated val-
ue of such building.
Dbe™efits. and § 8- If the damages to any person be greater than the
benefits received ; or if the benefit be greater than the dam-
ages, in either case the commissioners shall strike a balance,
and carry the difference forward to another column, so that
the assessment may show what amount is to be received or
paid by such owners respectively, and the difference only
shall, in any case, be collected of or paid to them.
A™ia/i-r,°,f,scom" § 9- If the lands and buildings belong to different per-
sons, or it the land be subject to lease or mortgage, the in-
jury done to such persons, respectively, may be awarded to
CITIES. 313
them by the comrais ioners, less the benefits resulting to
them from the improvements.
§ 10. Having ascertained the damages and expenses of Assessment and
°. . ,. • i . l • • l 11 return of com-
such improvements as aforesaid, the commissioners shall, missioners.
thereupon, apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed to have been benefitted, in proportion to the benefit
resulting from the improvements, as nearly as may be, and
shall describe the real estate upon which their assessments
may be made when completed. The commissioners shall
sign and return the same to the city council within thirty
days of their assessment.
§ 11. The clerk shall give ten days' notice by publica- Notice of return
tion in the newspaper publishing the ordinances of the city,
that such assessment has been returned, and on a day to be
specified therein, will be confirmed by the city council, un-
less objections to the same are made by some person inter-
ested; objections shall be heard before the city council, and
the hearing may be adjourned from day to day. The coun-
cil shall have power in their discretion to confirm or annul
the assessment, or refer the same back to the commission-
ers. If annulled, all the proceedings shall be void. If con-
firmed, an order of confirmation shall be entered directing
a warrant to issue for the collection thereof. If referred Re-assessments.
back to the same or other commissioners, they shall proceed
to make their assessments and return the same in the like
manner, and give the like notices as herein required in re-
lation to the first; and all parties in interest shall have the
like notice and rights, and the city council shall perform the
like duties, and have the like power in relation to any sub-
sequent determination as are herein given in relation to the
first.
§ 12. The city council shall have power to remove com- cr°e™o*e(may be
missioners, and from time to time appoint others in place of
such as may be removed, or refuse or neglect, or are unable,
from any cause, to serve.
§ 13." The land required to be taken for the making, Ltands ^V0 V?
e . . -1 i taken till paid
opening or widening, or altering any street, alley, or other for.
highway, or public ground, or square, shall not be appro-
priated until the damages awarded therefor to any owner
thereof under this act, shall be paid or tendered to such
owner or his agent, or in case such owner or his agent can-
not be found in the city, deposited to his or their credit in
some safe place of deposit other than the hands of the trea-
surer. Then, and not before, such lands may be taken and
appropriated for the purposes required in making such im-
provements ; and such streets, alleys, or other highways, or
public grounds, may be made and opened.
§ 14. When the whole of any lot, parcel of land, or covenants of
other premises under lease or other contract, shall be taken tenant.
for any of the purposes aforesaid, by virtue of this act, all
—26
314 CITIES.
the covenants, contracts and engagements between landlord
and tenant, or any other contracting parties, touching the
same or any part thereof, shall, upon the confirmation of the
report of the commissioners, respectively, cease, and be ab-
solutely discharged.
Remaining part § 15. "When part only of any lot, parcel of land, or other
premises so under lease or contract, shall be taken for any
of the purposes aforesaid, by virtue of this act, xdl the cove-
nants, contracts and agreements respecting the same, upon
the confirmation of the report of the commissioners, shall be
absolutely discharged as to that part thereof so taken, but
shall remain valid as to the residue thereof; and the rents,
consideration and payment received, payable and to be paid
for, and in respect to the same shall be so proportioned as
that the part thereof, justly and equitably payable for such
residue thereof, and no more, shall be paid or recoverable in
any respect of the same.
Appeals may be § 16, Any person interested may appeal from any order
of the city council for opening, widening or straightening
any street, aliey, or other highway, or public ground, to the
circuit court of Yermilion county, by notice in writing to
the mayor at any time before the expiration of twenty days
after the passage of said final order. In case of appeal, the
city council shall make a return within thirty days after no-
tice thereof, and the court shall, at the next term after return
filed in the office of the clerk thereof, hear and determine
such appeal, and confirm or annul the proceedings ; from
which judgment no appeal or writ of error shall lie. Upon
the trial, all questions involved in said proceedings, including
the amount of the damages, shall be opened to investigation
by affidavit or oral testimony, adduced to the courts, or upon
the application of the city or any party, the amount of the
damages may be assessed by a jury of said court without
formal pleading, and judgment rendered accordingly; and
the burden of the proof shall in all cases be upon the city to
show that the proceedings are in conformity with the provi-
sions of this act.
when landlord §17. In all cases where there is no agreement to the
ges.par contrary, the owner or landlord, and not the tenant or occu-
pant, shall be deemed the person who ought, and shall pay
and bear every expense or assessment made for any public
improvement. When any such assessment shall be made
upon, or paid by any person, when by agreement or by law
the same ought to be borne or paid by any other person, it
shall be lawful for [the] one so paying to sue for, and recover
of the person bound to pay the same, the amount so paid,
Agreement with with interest. Nothing herein contained shall in any way
tenant!' an impair or affect any agreement between landlord and tenant,
or other person, respecting the payment of such assessment.
change in pro- g 18. The city council may, by ordinance, make any
changes they may deem advisable, in the proceedings herein
CITIES. 315
prescribed, for ascertaining the damages and injury occa-
sioned to any person or real estate, by reason of the condem-
nation of such real estate, or any real estate upon which any
buildings may be situated, in whole or in part, and the as-
sessment of such damages and injuries upon persons or real
estate benefitted by the improvement, and in all such other
respects as experience may suggest.
§ 19. W-hen any known owner or other person having when owner is
an interest in any real estate, residing in the city or else- anmfant-
where, shall be an infant, and any proceeding shall be had
under this act, the judge of the circuit court of Yermilion
county, the county judge of said county, or any judge of the
supreme court, may, upon application of the city council, or
such infant or his next friend, appoint a guardian for such
infant, taking security from such guardian for the faithful
execution of such trust; and all notices and summonses re- Notice to guar-
quired by this act shall be served upon such guardian.
ARTICLE VIII.
PUBLIC IMPROVEMENTS AND ASSESSMENTS THEREFOR.
§ 1. The city council shall have power, from time to Drains and sew-
time, to cause any street, alley, or other highway, to be ers'
graded, regraded, leveled, paved or planked, and keep the
same in repair, and alter and change the same.
Second. To cause cross and side-walks, main drains and
sewers, and private drains, to be constructed and laid, relaid,
cleansed and repaired, and regulate the same.
Third. To grade, improve, protect and ornament any
public square, or other public ground, now or hereafter laid
out.
Fourth. The city council shall have power to assess and
collect of the owners of lots or real estate on any street, or
any highway, or any part thereof, in the same manner as
other taxes, or in such manner as may be prescribed by
ordinance, for the purpose of grading, paving, or planking
such streets or other highways : Provided, that such tax Proviso,
shall not exceed ten mills per annum of the property
assessed.
S 2. That, for the purpose of establishing a system of Sewerage dis-
1 • t.\ -4- 'I U i tricts.
drainage or sewerage, the city council may have power to
cause the city to be laid off into districts, to be drained by
principal and lateral, or tributary sewers or drains, having
reference to the general plan of drainage by sewers, and
drains for the whole city, and number and record the same.
§ 3. That whenever a majority in numbers of the own- Petition for
ers of real estate within any district, shall petition the city
council for the construction of such drains or sewers in such
district, the city council shall have power to levy and collect District tax.
a special tax upon the real estate in such district so drained,
and not to exceed ten mills to the dollar per annum on the
316 CITIES.
assessed value thereof, for the purpose of constructing such
sewers and drains ; which taxes shall be annually levied as
other city taxes by law, and shall constitute a lien upon the
real estate in the district where the same is so assessed ; and
the city council shall provide for the construction or cutting
of such sewers or drains, or such parts thereof as they shall
deem necessary, and may, from time to time, extend, en-
large, or alter the same, upon such terms and conditions as
May bon-ow mo- foQj shall deem necessary ; and the city council shall have
power to borrow money for the construction of such sewers
and drains, payable, in principal and interest, from the spe-
cial tax collected in such districts ; or the city council may
apportion the estimated costs of such sewers and drains, and
collect the same by a series of annual assessments; but no
ordinance creating such debt, special tax or apportionment,
shall be repealed or altered until the debt created thereby
shall have been paid
owners to im- g 4 w\ owners or occupants of lands or lots in front of,
prove lots. kj i I
adjoining, or upon whose premises the city council shall
order and direct side-walks, ur private drains communicating
with any main drain, to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such lots or lands to
be nuisances, and order the same to be graded, filled up and
drained, or otherwise improved, shall make, grade, repair
or relay such side-walk, or make, repair or cleanse such
private drain, or grade, till up, drain, or otherwise improve
such lot or land at their own costs and charges, within the
time and in the manner prescribed by ordinance or other-
City may im- wise. If not done within the time and in the manner pre-
charge cost to scribed, the city council may cause the same to be con-
lot3' structed, repaired, relaid, cleansed, tilled up, graded, drained,
or otherwise improved, and assess the expenses 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. A suit may be also
maintained against the owner or occupant of such premises
for the recovery of such expense, as for money paid and laid
out to his use at his request,
suit brought. g 5# jn a\\ cases where expenses may be incurred in the
removal of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be likewise collected of the owner
or occupant of such premises in a suit for money expended
to his or their use ; and in case the same shall not be charge-
able to any real estate, suit may, in like manner, be brought
ibr such expenses, against the author of such nuisance, if
known, or any person whose duty it may be to remove or
abate the same.
Planking alleys. § f3. The city council shall have power to compel the
owner of lots or ground fronting or adjoining any private
CITIES. 317
or public alley, to keep the same clean, and if necessary, to
direct the same to be paved, planked, or otherwise, and the
costs thereof to be assessed and collected in the same man-
ner as side-walk assessments.
ARTICLE IX.
COLLECTION OF TAXES AND ASSESSMENTS.
§ 1. The city council shall have power, by ordinance, Form of tax lists.
to prescribe the form of assessment lists, and prescribe
the duties aud define the powers of assessors. They may,
also, make such rules and eive such regulations in rela-
tion to revising, altering or adding- to the lists as they may
deem proper and expedient.
§ 2. The annual lists shall be returned by the assessor Amended list.
on or before the first Monday in August, in each year, but
the time may be extended by order o'l the city council. On objections to as-
the return thereof, the city council shall fix a day for the
hearing of objections thereto ; and the clerk shall give no-
tice of the time and place of such hearing by publication
in the paper publishing the city ordinances, and any person
feeling himself aggrieved by the assessment of his property
may appear at the time specified, and make his objections.
The city council shall have power to supply omissions in council to cor-
said assessment lists, and for the purpose of equalizing the rect Ust"
same, to alter, add to, take from and otherwise correct and
revise the same, or to refer the same back to the assessor,
with instructions to revise and correct the same.
§ 3. When the assessment lists have been corrected and warrant for coi-
revised, the same shall be filed, and an order confirming the
same, and directing the warrant to be issued for the collec-
tion of the same shall be entered by the clerk. The city
council shall thereupon, by ordinance or resolution, levy
such sum or sums of money as may be sufficient for the
several purposes for which the taxes are herein authorized
to be levied, not exceeding the authorized per centage, par- object of tax.
ticularly specifying the purposes for which the same are
levied, and if not for general purposes, the division or ward
of the city upon which the same are levied.
§ 4. All taxes or assessments, general or special, levied Tas a lien on
j , ,i .. ., V ,i • •*■ .. real and per-
or assessed by the city council under this act, or any orcn- sonai property,
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted or as-
sessed, for two years from and after the corrected assessment
lists shall be confirmed, or the passage of the order for the
assessment ; and upon personal estate from and after the
delivery of the warrant for the collection thereof until paid,
and no sale or transfer shall affect the lien. Any personal
property belonging to the debtor may be taken and sold for
the payment of taxes on real and personal estate ; and the
real estate shall be liable for the taxes upon personal estate,
318 CITIES.
in case of removal, or when the tax cannot be made out of
the personal estate in the same manner as is provided by the
Proviso. laws of this state : Provided, that in case the collection of
any assessment shall be delayed by injunction or other ju-
dicial proceedings, the same shall continue a lien upon the
real estate for the period of two years from and after the
final disposition of such injunction or other judicial pro-
ceeding.
separate taxes. § 5 The clerk shall issue a warrant or warrants for the
taxes, and rule therein separate columns, in which the taxes
levied shall be separately set down opposite the name of the
person, or such real estate subject thereto. Each column
shall be headed with the name of the tax therein set down.
Tax warrants. g gt ^.11 warrants issued for the collection of general or
special taxes and assessments, shall be signed by the mayor
and clerk, with the corporate seal attached thereto, and shall
contain true and perfect copies of the corrected assessment
lists, upon which the same may be issued. They shall be
delivered to the collector for collection within thirty days
of the filing of the corrected lists, unless further time shall
be given for this purpose by the citj^ council. If not other-
wise paid, the collector shall have power to collect said taxes
Tax, interest and w^n interest and costs, by suit in the corporate name, or by
distress and sale of personal property as aforesaid, after
proviso. demand and refusal to pay the same : Provided, a notice,
published for ten days by the collector, in the newspaper
publishing the ordinances of the city, shall be deemed a
demand, and a neglect to pay taxes for twenty days shall
be deemed a refusal. The assessor's lists shall, in all cases,
be evidence on the part of the city corporation.
Tax, how collect- § 7. Ail taxes, general or special, shall be collected by
the collector in the same manner and with the same authority
as is now given by lav/ to collectors of state and county
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 liability in case of default
or misconduct, shall be the same as is now provided by law:
Provided, the city council shall have power to prescribe the
powers, duties and liabilities of collectors by ordinance.
premises to be « 8. In case of the non-payment of any taxes or assess-
ments, levied or assessed under this act, the premises may
be sold for the payment thereof, at any time within two
years alter the confirmation of the assessment by the city
council. Before any such sale or order shall be made by
the city council, which shall be entered at large in the
journals or records kept by the clerk, directing the col-
lector to sell, particularly describing the delinquent premises
to be sold, and 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 collector, which, together with the warrant,
ed.
sold for taxes.
cities. 319
shall constitute the process upon which such sale may be
made.
§ 9. The collector shall then advertise such premises in Advertisement
the newspaper publishing the ordinances of the city, for bef01esale-
sale, at least thirty days from and after the first publication
of such notice, describing the premises by figures or other-
wise, with the name of the owner when known, and the sev-
eral amounts of the taxes and assessments thereon, and costs.
Said notice shall also contain the time and place of said
sale, and shall be published at least four times. The pro-
ceedings may be stopped at any time on the payment of
the taxes or assessments, and interest, with the expenses of
advertising.
§ 10. All sales shall be conducted in the manner re- sale, how made.
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, taken from
the east side of the premises, for which any person will take
the same and pay the taxes and assessments thereon, with
interest and costs 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 of the clerk, which certificates shall contain the name
of the purchaser, a description of the premises sold, the
amounts of the taxes or assessments, with the interest and
the expenses for which the same was sold, and the time
when the right to redeem will expire. The collector shall Fee of collector,
be allowed the same fees for selling as are allowed for sim-
ilar services, or his fees may be regulated by ordinance.
The clerk shall keep a record of such sales, which shall be Record of tax
open to public inspection at all reasonable times. sales'
§ 11. The right of redemption in all cases of sales for Right of redemp-
taxes or assessments shall exist to the ovner, his heirs,
executors and administrators, creditors or assigns, to the
same extent as is allowed by law in cases of sales of real
estate for taxes, on payment, in national currency, of double
the amount for which the same was sold, and all taxes ac-
cruing subsequent to the time of sale, with interest. If the
real estate of any infant, Jeme covert, or lunatic, be sold
under this act, the same may be redeemed at any time
within two years after such disability is removed. In case
of redemption, the money may be paid to the purchaser, or
for him to the city clerk, who shall make a special deposit
thereof with the treasurer, taking his receipt therefor. If Deed to purcha-
not redeemed according to law, the city council shall, upon
the return of the certificate, or proof of its loss, direct a
deed to be executed to the purchaser, under the corporate
seal, signed by the mayor or presiding officer of the city
council, and countersigned by the clerk, conveying to the
purchaser the premises so sold and unredeemed as aforesaid.
An abstract of all deeds so made and delivered shall be
• .r.
320 CITIES.
entered by the clerk in the book wherein tax sales are re-
corded. A fee of one dollar may be charged by the clerk
for any deed so issued.
Assignee of tax § 12. The assignee of any tax certificate of any premises
certificate. SQ^ £or f-axes or assessments under authority of the city
council, shall be entitled to receive a deed for such premises
in his own name, and with the same effect as though he had
been the original purchaser.
when struck on § 13- If at any sale of real or personal estate, for taxes
to city. or assessments, no bids shall be made for any parcel of the
land, or any goods and chattels, the same shall be struck off
to the city ; and thereupon the city shall receive, in the cor-
porate name, a certificate of the sale thereof, and shall be
vested with the same rights as other purchasers at such sale.
„ , . §14. All deeds made to the purchasers of lots sold for
Deeds prima o ■*■-*■• i ,
facie evidence, taxes or assessments by order of the city council, shall be
prima facie evidence in all suits and controversies, in rela-
tion to the rights of the purchaser, his heirs or assigns, to
the premises thereby conveyed, of the following facts:
First. That the lot or land conveyed was subject to tax
or assessment, at the time the same was advertised for sale,
and had been listed and assessed in the manner and time
required by law.
Second. That the taxes or assessments had not been paid
at any time before the sale of the same.
Third. That the land conveyed had not been redeemed
from the sale at the date of the deed, and shall be conclu-
sive evidence of the following facts :
First. That the land or lot was advertised for sale for
the length of time and in the manner required by law.
Second. That the land was sold for taxes or assessments
as stated in the deed.
Third. That the grantee in the deed was the purchaser.
Fourth. That the sale was conducted in the manner re-
quired by law; and in all controversies and suits involving
the title to land claimed and held under and by virtue of
such deed, the person or persons claiming title adverse to
the title conveyed by such deed, shall be required to prove,
in order to defeat the said title, either that the land was not
subject to taxation at the date of sale ; that the taxes and
assessments had been paid ; that the said lands had never
been listed 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 benefit and use of
the persons having the right of redemption under the laws
of this slate ; but no person shall be permitted 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 the time of the
sale, or that the title was obtained from the United States
or this state, after the sale, and that ail taxes due upon the
CITIES. 321
lands have been paid by such persons or the persons under
whom they claimed title as aforesaid.
ARTICLE X.
FIRE DEPARTMENT.
§ 1. The city council, for the purpose of guarding Fire limits,
against the calamities of fire, shall have power to prohibit
the erection, placing, or repairing of wooden buildings
within the limits prescribed by them without their permis-
sion, and direct and prescribe that all buildings within the Fireproof buna-
% 10JT3
limits prescribed, shall be made or constructed of fire proot
materials ; and to prohibit the rebuilding or repairing of
wooden buildings within the fire limits, when the same
shall have been damaged to the extent of fifty per cent, of
the value thereof, and to prescribe the manner of ascertain-
ing the extent of such damage ; to declare all dilapidated Nuisances,
buildings to be nuisances, and to direct the same to be re-
paired, removed or abated, in such manner as they shall
prescribe and direct; to declare all wooden buildings within
tire limits, which they may deem dangerous to contiguous
buildings, or in causing or promoting tires, to be nuisances,
and to require and cause the same to be removed or abated
in such manner as they shall prescribe.
§ 2. The city council shall have power,
.First. To regulate the construction of chimneys and chimneys ana
o «/ flues
flues, so as to admit of chimney sweeps, or other mode of
cleaning, and to compel the cleaning and sweeping of
chimneys.
Second. To prevent and prohibit the dangerous con- Fire p]a.ces and
-, r t • n i • n i' i stove pipes.
struction and condition of chimneys, Hues, fireplaces, stove-
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.
Third. To prevent the deposit of ashes in unsafe places, Deposit of ashes,
and to appoint one or more officers to enter into 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.
Fourth. To require the inhabitants to provide as many Fire buckets,
fire buckets, and in such manner and time as they shall
prescribe, and to regulate the use thereof, in times of fire;
and to require all owners and occupants of buildings to con- weiis and «»-
struct and keep in repair wells and cisterns upon their terns-
premises.
Fifth. To regulate and prevent the carrying on of works Dangerous works
and manufactories, dangerous in promoting, or causing
fires.
Sixth. To regulate, prevent, and prohibit the use of fire- Flre works »n<*
, i n ° ; * ' *■ fire arms.
works and firearms.
—27
Regulations for
fires.
322 cities.
Gunpowder. Seventh. To direct and prohibit the management of
houses for the storing of gunpowder, and other combustible
Lights in stabies. aild dangerous 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 like houses.
partition waits. Eighth. To regulate and prescribe the manner and order
of the building of parapet and partition walls, and of par-
tion fences.
Scuttles and iad- Ninth. 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.
T,ners at fires. Tenth. To authorize the mayor, firewardens, or other offi-
cers of said city, to keep away from the vicinity of any fire,
all idle or suspicious persons, aud to compel all officers of
the city, and all other persons, to aid in the extinguishment
of fires, and in the preservation of property exposed to dan-
ger thereat, and in preventing goods from being stolen.
Eleventh. And generally to establish such regulations
for the prevention and extinguishment of fires, as the city
council may deem expedient.
Fire engine. § 3_ ^ne cj(-y COuncil may procure fire engines, and all
other apparatus used for the extinguishment of fires, and
have the charge and control of the same, and provide lit and
secure houses, and other places for preserving and keep-
the same ; and shall have power,
to organize fire First. To organize fire, hook, hose, axe and ladder
companies. . D i j >
companies.
Second. To appoint, during their pleasure, a competent
number of able, suitable and respectable inhabitants of the
city, firemen, to take care and management of the en-
gines, and other apparatus and implements used and. pro-
vided for the extinguishment of fires.
Firemen. Third. To prescrrbe the duties of firemen, and to make
rules aud regulations for their government, and to impose
reasonable penalties upon them for any violation of the
same, and for incapacity, neglect of duty or misconduct, to
remove them,
oi.ief engineer Fourth. The city council shall have power to appoint a
ana assistant. ^.^ and assistant' engineer 0f the fire department, and
they, with the other firemen, shall take the care and man-
agement of the engines, and other apparatus and imple-
ments provided and used for the extinguishment of fires ;
and their powers and duties shall be prescribed and defined
by the city council,
-who exempt § 4. The members of the city council and firemen shall,
from jury and ,".,,. „ . ,; , , , j i>
military duty, during their term ot service as such, be exempted iroin
serving on juries, in the militia, or working on the streets,
or paying any tax for the same. The name of each fireman
shall be registered with the clerk of the city, and the evi-
dence to entitle him to the exemption provided in the ordi-
cities. 323
nance, shall be the certificate of the clerk, under the
corporate seal, for the year in which exemption is claimed.
ARTICLE XL
SCHOOLS AND SCHOOL FUNDS.
§ 1. All that part of township number 19, north, range ten Danviiie school
and eleven west, county of Ycrmilion, and state of Illinois,
lying within the corporate limits of the city of Danville,
with such other parts of said township as may be hereafter
incorporated with, and come within or under the jurisdic-
tion of said city, is hereby erected into a school district, to
he known as the '; Danville school district."
§ 2. The school land and school fund, and other per- ^isw school
i i ^ • • i i • iiii t ■ t i land, fund, etc.
sonal ana real estate ot said township, shall be divided be-
tween the city of Danville and that portion of the township
lying without and beyond the limits thereof, in the propor-
tion and in the manner following : The trustees of schools
in and for said township, shall, within one month from and
after the ratification or adoption of this act as the charter of
the said city of Danville, in the manner hereinafter pro-
vided, appoint two commissioners, who shall be respectable
householders, one of whom shall be a resident of the said
city of Danville, and the other, of the township and with-
out the city, who. ;" or bei ig duly sworn well and truly to
perform their duties, shall proceed to ascertain, as nearly as
may be, the whole number of white persons residing in said
township, and the whole number residing in said city, and
the number residing in said township without said city;
and thereupon the said trustees shall divide and apportion
the said township school fund and the real and personal
estate of said township, between said city and that portion
of the said township without said city, in the proportion of,
and according to the number of persons aforesaid, residing
within the city and in the township without the city, as
aforesaid, respectively ; and the said commissioners shall
have power to make partition and division of all the funds,
and the real and personal estate of said township, between
the city and that portion of the township without the city,
as aforesaid, in the proportions aforesaid, and, having com-
pleted the same, shall make a full return of their proceed-
ings to the trustees aforesaid. In case the commissioners
so appointed, as aforesaid, shall fail, or refuse, or neglect to
perform their duties, the trustees shall appoint others in
their stead, who shall be chosen, sworn, and perform the
like duties assigned to the first commissioners ; and the
trustees shall have power to fill vacancies, and make ap-
pointments, until the objects of this act are carried into
effect.
§ 3. The trustees of schools of said township shall, upon C1 receiudnkr
such division, partition and return of the commissioners
324
CITIES.
Fund, how vest-
ed.
being made, pay over and deliver to the clerk of the city of
Danville, the funds, and notes, and other personal estate
apportioned and set apart to said city, as aforesaid, and shall
make, execute and deliver to the said city of Danville, all
necessary deeds and other conveyances for the distributive
share of the real estate of the said township, to which the
said "Danville School District" may be entitled, according
to the division and distribution aforesaid, and. take receipts
for the same from the clerk.
Abstract of chu- § i. It shall be the duty of the city council to cause an
abstract of the whole number of white children under the
age of twenty-one years, in the Danville school di&trict, to
be furnished to the school commissioner of Yermiiion county,
on or before the first Monday of November, of each year;
sdiooi fond. and the school commissioner shall, annually, pay to the clerk
of the city of Danville the proportion of the school, college
and seminary funds to which the said "Danville School
District" may be entitled, according to the number of per-
sons, under the age aforesaid, residing in said district, to-
gether with the acres of territory within the limits of said
district, as is now provided by law in the apportionment of
such funds, by the school commissioner taking his receipt
therefor; but no abstract shall be required to be returned
to the school commissioner oftener than is herein provided.
§ 5. The school lands and school funds, and other pro-
perty of the "Danville School District," shall be and the
same is hereby vested in the city of Danville. The city
council shall, at all times, have the power to do all things
and acts in relation to said school lands and school funds,
which they may think proper to their safe preservation and
efficient management ; and sell and lease such lands, and all
other lots or lands, or other property which may have been
or may hereafter be donated to the school fund, on such
terms and at such times as the city council shall deem most
advantageous ; and on such sale or sales, lease or leasings, to
make, execute and deliver all proper conveyances, which
said conveyances shall be signed by the mayor, and coun-
tersigned by the clerk, and sealed with the corporate seal :
Provided, that the proceeds arising from such sales shall be
added to and constitute a part of the principal of the school
fund.
surplus fund?. § 6. Nothing shall be done to impair the said principal
of the school fund, or to appropriate the interest accruing
thereon to any other purpose' than defraying the contingent
expenses incident to the schools of said district; and should
there be surplus interest at any time, after defraying such
expenses, it shall be carried forward and be added to the
principal, and form part of the same, and be handled and
disposed of in the same manner.
^ 7. The city council shall [have] power, in relation to
school houses j-^q gChools and school interests of said district:
Conveyance
how made.
cities. 325
First. To erect, hire and purchase buildings suitable for
school purposes, and keep the same in repair.
Second. To buy or lease sites for school houses, with the
necessary grounds.
Third. To furnish schools with the necessary fixtures, Furnish schools,
furniture and apparatus.
Fourth. To establish, support and maintain schools, and
supply the inadequacy of school funds, for the payment of
city teachers, and other necessary expenses, from school
taxes; and to issue bonds, as provided for in the third sec-
tion of article five of this act.
Fifth. To fix the amount of compensation to be allowed compensation of
i it i ii /• ., teachers.
to teachers, and the mode and the manner ot paying the
same.
Sixth. To prescribe the branches to be taught in the dif- Branches to b«
iii i i i -lii taught.
ferent schools, and to grade and regulate said schools, as
they may deem best.
Seventh. To lay off and divide the city into school dis- Schoul di?tricts-
tricts, and from time to time alter the same, or create new
ones, as circumstances may require.
Eighth. To prescribe the school books to be used in the Booksto bcusci1
several schools.
Ninth. The city council shall be, ex officio, inspectors of IncsP^|°vs ,f
schools ; but they may appoint, in their discretion, a certain
number of discreet persons, not exceeding one from each
ward, or division of the city, or school district, as special
inspectors of the schools and school interests of the district,
to be styled "The City Board of Education ; " and some
one of said board, to be designated by the city council, shall
be styled " The. Superintendent of Schools,'' who shall be ^loois*611'
president of the said board of education, and shall preside
at all the meetings of the same, and shall have the casting
vote; and the c\ty council may, by ordinance, prescribe the Powers °fib£ard
duties of the said city board of education, and may invest
them with such power and authority, concerning the schools
and school interests of the district, as may seem expedient,
including a partial or exclusive control and supervision of
the same ; the employment and dismissal of teachers, and Dismissal of
the regulation of the salaries thereof, and the compilation
and preparation of all reports and statistical returns raquired BS^'ta and sU"
to be compiled or prepared for the use of the school com-
missioner or the city council ; and may require them to fur-
nish reports of the condition of the schools of the city at
least once in each year ; which reports shall be signed by
all the members of said board, and shall be published by
the authority of the city council, for the benefit and infor-
mation of the inhabitants of said school district ; and the Gene™\ powers
city council may further delegate to the said " Board of
Education," power to discharge any or all of the functions
imposed upon the city council by the preceding clauses of
this section, and such other powers as they may think expe-
dient.
c'Jib CITIES.
Tenth. And generally to have and possess all the rights,
powers and authority necessary for the proper management
of schools, and the school lands and funds belonging to the
said school district, with power to enact such ordinances as
may be necessary to carry their powers and duties into
effect.
school treasurer. § 8. The city council shall have power to appoint a
" School Treasurer," who shall have the custody and man-
agement of the money, securities and property belonging
to the school fund of the district, subject to the direction of
the city council ; and all warrants for any indebtedness,
pertaining to or growing out of the schools of the district,
shall be drawn upon the " School Treasurer," who is like-
wise to have the care, control and custody of all lands aris-
ing from school taxes, levied for any of the purposes here-
inbefore specified, the fund arising from the issuance of
school bonds ; and the said " School Treasurer " shall pay
out, invest, and otherwise control and dispose of any and
all the funds which may come to his hands, in accordance
with the foregoing provisions; and such other regulations
as the city council may prescribe by ordinance.
Treasurer to give g 0. The city treasurer, before entering upon the duties
of his office, shall give bond, payable to the city of Dan-
ville, in such sum as the city council may prescribe, to be
not less than twice the amount of all the school funds, and
debts, securities, and school taxes and bonds belonging
to the district; and the city council may require the said
school .treasurer to give additional bonds, whenever the
same may be thought necessary; and upon default in exe-
cuting such new bond, when so required, the city treasurer
may be removed from office. The city treasurer is to re-
ceive from and receipt to the clerk, assessor, collector, or
any other person who may at any time come in possession of
school funds or taxes, or funds arising from bonds belonging
to said district, and is to pay out the same in such manner,
and upon such warrants or vouchers, as may be prescribed
Proviso. by ordinance: Provided, that nothing herein contained
shall be construed to prohibit one and the same person from
holding both the offices of city treasurer and school treasu-
rer ; and when both of said offices are vested in one and
the same person, he shall execute two separate bonds : one
as city treasurer, and the other as school treasurer ; which
bonds shall be in the several forms hereinbefore prescribed ;
and the several funds and sums secured by the several
bonds, as aforesaid, shall be kept separate and distinct; and
pay of treasurer, the school treasurer shall receive such compensation as the
city council may prescribe, and, for any default or miscon-
duct in office, shall be subject to the same penalties and im-
prisonment as school commissioners are or may be subject
to by law.
Funds loaned. § 10. The school funds shall be kept loaned, at interest,
cities. 327
at the rate of ten per centum per annum, payable semi-an-
nually, in advance; and the city council shall have power Fund, how in-
to increase the principal of the school fund, either by taxa- cieased-
tion or otherwise, until the annual interest upon the same
shall be sufficient to support the schools of the said district.
No loan shall be made for a longer period than three years ;
and all loans exceeding one hundred dollars shall be secured
by unincumbered real estate, of double the value of the
sum loaned, exclusive of the value of perishable improve-
ments thereon. For sums of less than one hundred dollars,
two good securities, besides the principal, shall be required.
§ 11. All notes and securities shall be taken to the city Notes, how taken
of Danville, for the use of the inhabitants of said city for
school purposes; and in that name all suits, actions, and
every description of legal proceedings, may be had.
§ 12. All expenses of preparing and recording securities Expense of loans
shall be borne by the borrower.
§ 18. In the"payment of the debts of deceased persons, s£r°°ddebt3pre-
those due the city school fund shall be paid in preference to
all others, except expenses attending the last illness and fu-
neral of the deceased, not including the physician's bills.
§ 11. If default be made in the payment of the interest interest on de-
or the principal, when due, interest at the rate of fifteen
per cent, upon the same shall be charged from default, and
may be recovered by suit or otherwise. Suits may be
brought for the recovery of the interest only, where the
principal is not due.
§ 15. All judgments recovered for the interest or prin- interest on judg-
cipal, or both, shall, respectively, bear interest at the rate of
twelve per cent, per annum, from the rendition of the judg-
ment until paid ; and, in case of the sale of real estate
thereon, the city of Danville may become the purchaser
thereof, for the use of the city or district school fund, and
shall be entitled to the same rights given by law to other
purchasers; on redemption, twelve per cent, interest shall
be paid, from the time of sale.
§ 16. ISTo costs made in the course of any judicial pro- Cobs1tsnt°tchahrge;
ceedings, in which the city of Danville, for the use of the fund.
city or district school fund, shall be a party, shall be chargea-
ble to the school fund.
§ 17. If the securityon any loan should, at any time Additional secu-
-, ?■ i » -i i • i .■,'•■, J n Mty may be re-
betore the same is due, become, in the united judgment of quired.
the city council, insecure, the school treasurer shall notify
such person indebted thereof, and, unless further and satis-
factory security shall forthwith be given, judgment may be
recovered thereon, as in other cases, although no condition
of that effect be inserted in the bond or other security.
§ 18. The city council, or the board of education, under Number of pupiu
the direction of the city council, shall, annually, publish in
the newspaper of the city the number of pupils instructed
during the preceding year — the several branches of educa-
328
CITIES.
Reporl
orer.
tion pursued by them — wjaich statement may also embody
the report of the school treasurer, of the receipts and dis-
bursements of the school funds for the same year ; which
report from the school treasurer they are hereby empowered
to require, when necessary.
§ 19. The school tax shall be paid into the hands of the
school treasurer, and be kept a separate fund for the build-
ing of school houses, and keeping the same in repair, and sup-
porting and maintaining schools, and for no other purpose.
ARTICLE XII.
MISCELLANEOUS PROVISIONS.
Assets and debits
to be published.
Exemption from
road tax and
labor.
Street labor.
Boundaries.
Section 1. The city council shall, at least ten days be-
fore the annual election in each year, cause to be published,
in the newspaper publishing the city ordinances, a full and
correct statement of the receipts and expenditures, from the
date of the last annual report, together with the sources
from which the former are derived, and the mode of dis-
bursement ; and also a distinct statement of the whole amount
assessed, received and expended, in the respective divisions
and wards of the city, for making and repairing streets, high-
ways and bridges, together with such other information as
may be necessary to a full understanding of the financial
concerns of the city.
§ 2. The inhabitants of the city of Danville are hereby ex-
empted from wTorking the roads beyond the limits of the city,
and from paying the tax in lieu thereof, without said limits.
§ 3. The supervisor shall demand the services of all per-
sons who are required to labor upon the streets and alleys
of the city, at such time and place, and in such manner as
the city council may direct, or the supervisor shall deem
necessary. He shall deliver or cause to be delivered, or left
at the usual place of abode or business of any person so re-
quired to labor, as aforesaid, a written or printed, or partly
written or partly printed notice, in such form as the city council
shall prescribe ; which notice shall be given at least five days
previous to the day on which he or they are required to la-
bor, requiring such person to appear at such time and place
as may be designated, for the purpose of laboring upon the
streets and alleys; but a similar notice, published for ten
days in the newspaper publishing the ordinances of the city,
by the supervisor, or posted up in three of the most public
places of the ward or district, shall be deemed a sufficient
notice to require all persons to appear and labor, as afore-
said. Upon the neglect of any one to appear and labor as
aforesaid, or pay the tax, the collector shall collect from such
person the sum of five dollars, with his commission for the
same added thereto.
§ 4. The city council shall have power to make, estab-
lish, and declare the boundaries and names of the streets
and alleys of the city.
cities. 329
§ 5. All fines, forfeitures and penalties, collected for Fines and forfeit-
offenses committed within said city, shall be paid into the
treasury of said city, by the officer collecting the same ; and
all fines and forfeiture's collected of any citizen of said city,
for any conviction in the circuit court, shall be paid over in
like manner.
§ 6. The city council shall have power to require that all Additions to the
additions heretofore made to said city, or all lands adjoin-
ing, or within the same, laid out into lots or blocks, shall be
so" laid out or platted as to correspond and conform to the
regular bUcks, streets and alleys, already laid out and es-
tablished within the city.
§ 7. The city council shall, in all expenditures for pur- Expenditures,
poses strictly local, expend, annually, in the several natural
divisions of the city, such proportion, as near as may be, of
the whole expenditures, for like purposes during the same
period, as will correspond to the several sums contributed,
by each division, to the general fund. Street taxes shall be
expended in the several wards or divisions where the per-
sons paying the same may respectively reside.
§ 8. The supervisor, in addition to the penalties pre- Neglect of super-
scribed by ordinance, shall, for willful neglect of duty, be
liable to indictment and fine, in the same manner as super-
visors under the laws of the state.
5 9. Neither the citv council or mayor shall remit any when fines may
* . , J J ,. . -i ,. dn be remitted.
fine or penalty imposed upon any person, tor a violation ot
any laws or ordinances of said city, or release from confine-
ment, unless two-thirds of all the aldermen elected shall
vote for such release or remission ; nor shall anything in
this act be so construed as to oust any court of jurisdiction to
abate and remove nuisances within its jurisdiction, by in-
dictment or otherwise.
S 10. No vote of the city council shall be reconsidered, or when vote may
. .n . , i ,-i ii j be reconsidered
rescinded at a special meeting, unless the meeting be called,
in whole or in part, for that purpose, and the aldermen be so
notified ; and unless, at such special meeting, there shall be
present as large a number of aldermen as was present when
the vote was taken.
§ 11. Every ordinance, regulation and by-law, imposing 0bredin^-^e(1 10
any penalty, fine, imprisonment or forfeiture for a violation
of its provisions, shall, after the passage thereof, be pub-
lished three days in the newspaper publishing the city or-
dinances, and proof of such publication, by the affidavit of
the printer, or publisher of such newspaper, taken before
any officer authorized to administer oaths, and filed with the
clerk ; or any other competent proof of such publication, shall
be conclusive evidence of the legal publication and promul-
gation of such ordinance, regulation or by-law, in all courts
and places.
§ 12. All actions brought to recover any penalty or for- ^"J^ how
feiture, incurred under this act, or any ordinance, by-law, or
330
CITIES.
Execution
judgment.
Ordinances
force valid.
Eights, vested.
Property,
vested.
how
Ordinances
evidence.
Style of ordinan-
ces.
police regulation, made in pursuance thereof, shall be
brought in the corporate name. It shall be lawful to de-
clare generally in debt for such penalty, fine or forfeiture;
stating the clause of this act or the by-law, or ordinance
under which the penalty or forfeiture is claimed, and to
give the special matter in evidence of it.
§ 13. In all prosecutions for a violation of any ordi-
nance, by-law, or other regulation, the first process shall be
a summons, unless oath or affirmation be made for a war-
rant as in other cases.
§ 14. Execution may be issued immediately on ren-
dition of judgment. If the defendant has no goods or
chatties, or real estate within the county of Yermilion,
whereof the judgment can be collected, the execution shall
recpiire the defendent to be confined in the county jail or
workhouse, or city prison, for a period not exceeding six
months in the year, in the discretion of the court rendering
judgment ; and all persons who may be committed under
this section, shall be confined one day for each dollar of such
judgment and costs ; all expenses incurred in any execution
for the recovery of any fine, penalty, or forfeiture, when col-
lected, shall be paid into the city treasury.
§ 15. No person shall be an incompetent judge, justice,
witness or juror, by reason of his being an inhabitant or free-
holder in the city of Danville, in any action or proceeding
in which said city may be a party in interest.
§ 16. All ordinances, regulations and resolutions now in
force in the city of Danville, and not inconsistent with this
act, shall remain in force under this act until altered, modified
or repealed by the city council after this act shall take effect ;
and all ordinances, regulations and resolutions, and all acts,
proceedings, matter and things of any and every name and
nature whatever, done or provided to be done by the city
council of the city of Danville, before this act shall take
effect, are hereby made and declared to be valid.
§ 17. All rights, actions, fines, penalties and forfeitures
in suit or otherwise, which have heretofore accrued to the
city at any time, shall be vested in, and may be prosecuted
by the corporation hereby created.
§ 18. All property, real, personal and mixed, belonging
to the city of Danville, is hereby vested in the corporation
created by this act ; and the officers of the same now in
office, shall respectively continue in the same until super-
ceded, in conformity to the provisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
§ 19. All ordinances of the city, when printed and pub-
lished by authority of the city council, shall be received in
all courts and places without further proof.
§ 20. The style of all ordinances shall be : " Be it or-
dained by the city council of the city of Danville."
CITIES. 331
§ 21. Any tract of land adjoining said city, which may Additions to city
be laid off into lots or blocks, and duly platted according to
law , and any tract of land adjoining the city, with the con-
sent of the owners thereof, shall and may be annexed to the
same, and form a part thereof.
§ 22. This act shall not invalidate any legal act done by ™* »*t not to
the city council of the city of Danville, or by its officers, nor
divest their successors under this act of any rights of pro-
perty, or otherwise, or liability which may have accrued to,
or been created by said corporation prior to the passage of
this act.
§ 23. All officers of the citv created conservators of the Arrest?, with or
° i ,i • , .i • i"t t i ii t without process
peace by this act, or authorized by any ordinance, shall have
power to arrest, or cause to be arrested, with or without pro-
cess, all persons who shall break the peace, or threaten to
break the peace, or be found violating any ordinance of the
city; commit for examination, and if necessary, detain such
ons in custody overnight, or the Sabbath, in the watch-
house, or other safe place, or until they can be brought be-
fore a magistrate; and shall [have] and exercise snch other
powers as conservators of the peace as the city council may
prescribe.
§ 24. There shall be a digest of the ordinances of the Digest of ordi-
city, which are of a public nature, published within three
years after the passage of this act, and a like digest within
every period of three years thereafter.
§ 25. The city council shall have power to make regula- General health,
tions to secure the general health of the inhabitants ; to de-
clare what shall be a nuisance, and to prevent and remove
the same.
§ 28. This act shall not take effect as the charter of the Vote on barter.
city of Danville, unless a majority of the legal voters of said
city, voting at an election hereinafter provided, shall cast
their votes for the adoption of the same ; said election to be
held on the second Monday in the month of April, a. d.
1865, as other elections in said city are now held, upon no-
tice to be given by the clerk or attorney of the present board ;
said notices to be posted up in five public places in said city.
The returns of said election, held as aforesaid, shall be certi-
fied by the officers of the election, and shall be placed on
file in the office of the clerk of the circuit court of Yermilion
county, Illinois ; and it shall not be necessary in any pro-
ceeding, either in law or equity, to prove that this charter
was adopted by the people, but such proof shall be a matter
of defense by showing that such charter was not adopted by
a vote of the people, by reference to the return of the election
as in this section provided for.
§ 27. Before the election required to be held by the Act^to be pub-
preceding section, the present board of the city shall cause
this act to be published, either in the newspaper of the city,
332
CITIES.
or in pamphlet form, as they select, and have the same dis-
tributed among the inhabitants of the said city.
§ 2S. This act to he a public one, and to be in force from
and after the passage of the same.
Approved February 16, 1865.
In force Feb. 10, AN ACT to amend an act entitled "An act to repeal an act entitled an
1S65. 'Act to incorporate the City of Decatur, and to recharter the same,'" ap-
proved January 26, 1857.
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That an
Limits of city. act entitlecl "An act to repeal an act entitled 'An act to in-
corporate the City of Decatur, and to recharter the same,' "
be and the same is hereby so amended as that from and after
the passage of this act all that district of country lying and
being in the county of Macon, and state of Illinois, known
and designated by description as the northeast quarter of
the northeast quarter of section fourteen (14), township six-
teen (16) north, of range two (2) east of the third prin-
cipal meridian, and all that part of the southeast quarter of
the southeast quarter of section eleven (11), in the township
and range aforesaid, embracing and lying south of the right
of way of the Great Western .Railroad of 1859, be and the
same is hereby declared to be embraced within and consti-
tute part of the territorial limits of the said city of Deca-
tur.
subject to city. § 2. That from and after the passage of this act the ter-
ritory mentioned and described in the preceding section of
this act, and the citizens and inhabitants now residing and
hereafter residing within such added territorial limits shall
be regarded as within and constituting part of the said city
and its inhabitants, and shall, in all things, be subject to the
control of the city council, laws and ordinances affecting
other portions of the territory and inhabitants of said city.
§ 3. This act shall be in force from and after its passage.
Approved February 16, 1865.
lD f°'is65eb' 16' An ACT t0 amend an act ent!tle(l "An act to incorporate the City of Dixon,"
approved February 19, 1859.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Tax to be levied. c^y council of said city of Dixon shall have power and
cities. 333
authority to levy and collect a tax, not exceeding one per
cent., annually, for general revenue purposes, upon the as-
sessed value of any and all the real and personal property
included in said city limits ; and shall, also, have power to
license, regulate and tax billiard tables and bowling alleys,
in said city ; and to levy a tax upon clogs; and to provide
such methods as the city council may deem necessary for Dog tax.
the enforcement and collection of such tax.
§ 2. The first section of an act entitled " An act to ordinance? pub-
amend the charters of the several towns and cities in this llshe'''
state," approved March 1st, ISo-i, shall not be deemed ap-
plicable to the city of Dixon ; but the second section of said
act shall remain and continue in full force, as a part of the
charter of said city; and the city council of said city shall
have full power and authority to make and enforce the col-
lection of assessments, for the purposes specified in said
section last named.
§ 3. Whenever any of the ordinances of said city shall
be published in pamphlet or book form, by authority of the
city council, the same shall not be required to be otherwise
published in order to become in force, and go into effect ;
and any and all ordinances, resolutions, notices, or other
proceedings, required to be published, may be duly publish-
ed and advertised by posting at least three written or printed
copies thereof in each ward, whenever the city council
shall so direct ; which shall be deemed a sufficient publica-
tion of the same, for all purposes whatsoever.
§ 4. Any member of the city council shall have the 0a*h?. ohow ad-
power to administer oaths or affirmation, in all cases, in any
matter pertaining to the business of the city council or any
committee thereof.
§ 5. The city marshal of the city of Dixon shall be ap- city marshal.
pointed by the city council, subject to removal, at any time,
by a vote of a majority of the members thereof.
§ 6. The city council of said city shall have power to Railr?ad t0 keeP
require all railroad companies, owning or occupying real
estate within said city, to build and keep in repair sidewalks
along snch real estate fronting on or lying along any public
street in said city; and shall, also, have power to pass ordi-
nances requiring all or any of such railroad companies to
fence their respective railroads, or any portion of the same,
except depot grounds, within said city limits, and to con-
struct cattle guards at the crossings of streets and public
roads, and to keep such fences and cattle guards in good re-
pair, suitable and sufficient to prevent cattle and horses from
getting on to such railroads ; and, in case any railroad com- Damages.
pany shall fail to comply with any such ordinance, such
company shall be liable for all damages done by the agents,
engines, locomotives or cars of any such railroad company,
to any cattle or horses getting on such railroad, within said
city ; and the owner or owners of any such cattle or horses,
334: . CITIES.
so injured, shall have the right to institute and maintain
appropriate action to recover such damages.
Road tax. g 7. The city council shall have power, in case they so
elect, to issue warrants to their respective street commission-
ers, authorizing them to proceed to collect the road or street
labor tax; and, for that purpose, to distrain, advertise and
sell any property of persons neglecting or refuging to work
out or pay such tax, in such manner and with such effect as
may be provided by ordinance of the city.
;- ' '"'icts- § 8. The city council shall have exclusive control of all
streets, alleys, road;.:, lanes and bridges, within the limits of
the city of Dixon ; and to enable them to construct and
keep the same in repair, and to construct and repair roads
and bridges, on roads leading to and from the said city, it
shall be the duty, and the township collector of the town of
Dixon and the treasurer of Lee county are hereby required
to pay over all the road tax, and road and bridge tax, asses-
sed or voted by the electors of the said town of Dixon or
the commissioner.; of highways of said town, and col-
lected on real and personal property within the limits of
the city of Dixon, to the treasurer of said city, at the same
time he or they are required to pay over other taxes collec-
ed, as a road or street fund, to be expended in the construc-
tion and repair of streets, alleys, roads and bridges, in said
citj md \ ' Dixon, in i ucl manner - ncil
shall determine and direct; and each of the wards of said
city shall be deemed and constituted a road district, under
the township organization laws; and the street commission-
ers of the several wards shall be, ex-officio, overseers of
highways in and for their respective wards or road districts.
Lar,;; in city. § 0. The southwest fractional quarter and the south
half of the southeast quarter of section number six (6), in
township number twenty-one (21) north, of range number
nine (9) east of the fourth principal meridian, is hereby ex-
cluded from the limits of said city ; also, the east half of
the northwest quarter of section No. four (4), in the town-
ship and range aforesaid, and all that part of the west half
of section No. thirty-two (32), in township No. twenty-two
(22) north, of range No. nine (9) east of the fourth princi-
pal meridian, lying north and west of the Illinois Central
Railroad, is hereby excluded from the limits of said city.
§ 10. Tiiis act shall be deemed a public act, and the sev-
eral courts in this state shall take judicial notice thereof,
without formal proof.
And said act shall take effect and be in force from and after
its passage.
Approved February 15, 1865.
cities. 335
AX ACT to incorporate the city of Dniileith. In force Feb. 10,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of the incorporate town of Dnnleith, in Jo Daviess Name an.i style,
county, be and they are hereby constituted a body politic
and corporate, by the name and style of "The City of Dnn-
leith ;" and by that name shall have perpetual succession ;
may sue and be sued, defend and be defended, plead and be po«-hi-~.
impleaded, in all courts of law and equity, and in all actions
whatsoever ; and may have and use a common seal, and alter seal.
the same at pleasure.
§ 2. All that territory, embraced within the following Boundaries,
boundaries, shall be and the same is hereby declared to be
within the limits of said city of Dunleith, to-wit : the north-
west quarter of section twenty-nine (20), the southwest
quarter of section twenty (20), fractional sections nineteen
(19) and thirty (30), in township twenty-nine (29) north, of
range two (2) west, in Jo Daviess county, Illinois.
§ 3. The inhabitants of said city, by the name and style Power to buy
aforesaid, shall have power to purchase, receive and hold £".' se
property, both real and personal, beyond the city, for burial
grounds, and for other purposes, for the use of said in-
habitants of said city ; to sell, lease and convey or dispose
of propc I do all other tiling in relation (] to the
same as natural persons.
§ 4. There shall be elected, annually, by the legal voters city officers to
of said city, a mayor, a board of four aldermen, a city mar-
shal, a city treasurer, and a street commissioner, who shall
hold their terms of office, respectively, for one year, and
until their successors are elected and qualified. ]So person
shall be elected mayor or alderman, unless, at the time of his
election, he shall be a freeholder within the city, and shall
have resided within the limits of the city one year immedi-
ately preceding his election, and shall have the requisite
qualifications to vote for state officers, and a citizen of the
United States. The mayor and aldermen shall serve with-
out compensation from the city funds, until there shall be
at least six thousand inhabitants in said city, after which the
mayor may receive such compensation as the city council
shall determine, not to exceed two hundred dollars per an-
num.
§ 5. The city council shall iudge of the qualifications, Powers ana da-
o j u zd l " tjes 0f city
elections and returns of its own members, and shall deter- council.
mine all contested elections under this act, and determine
the rules of its own proceedings, punish its members for
disorderly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member ; keep a journal of
its proceedings, and, from time to time, publish the same ;
and the yeas and nays, when demanded by any member
present, shall be entered upon the journal. A majority of
336 cities.
the council shall constitute a quorum to do business ; but a
smaller number may adjourn, from day to day, and compel
the attendance of absent members, under such penalties as
shall be prescribed by ordinance. All vacancies in the
board of aldermen shall be filled by election ; aud no alder-
man, while serving as such, shall be engaged or interested
in any contract with said corporation.
oath to be taken g q i;he mayor and aldermen, before entering upon the
duties .of their office, shall each take and subscribe an oath
or affirmation, that they will support the constitution of the
United States and of this state, and that they will well and
truly perform the duties of their office to the best of then-
skill and ability. Whenever there shall be a tie in the elec-
tion of aldermen, the judges of election shall certify the
fact to the mayor, who shall determine the same, by lot, in
such manner as shall be provided by ordinance ; and, in case
of a tie in the election of mayor, the city council shall deter-
mine it, in the same way. There shall be twelve monthly
meetings of the council, every year, at such times and places
as may be fixed by the city council.
Mayor's office § 7. If any mayor, during the time for which he shall
have been elected, remove from the city, or shall be absent
from the city six months, his office shall be vacated, and the
vacancy filled by election. If the election of mayor is con-
tested, the city council shall determine the same, in such
manner as shall be prescribed by ordinance.
Time of holding § g. Qu the second Monday of March, 1865, and annu-
ally forever thereafter, elections shall be held for city officers
under this charter. The first election shall be held, con-
ducted, and returns thereof made, in the same manner as
the elections and returns of the president and trustees of
the town of Dunleith are now held, conducted and returned.
Qualifications of ft <}# All male inhabitants, over the ae'e of twenty-one
voters ^-> » ■'
years, who are entitled to vote for state officers, and who
shall have been actual residents of said city ninety days
next preceding said election, shall be entitled to vote for
city officers, at such times and places as shall be fixed by
this charter or by ordinance.
§ 10. The city council shall have power and authority to
levy and collect taxes, for city purposes, upon all the pro-
perty, real and personal, within the limits of the city, not
exceeding one per cent, per annum, unless a majority of
the inhabitants thereof vote to raise more ; and said city
council may enforce the payment of the same, in any man-
ner, to be prescribed by ordinance, not repugnant to the
constitution of the United States or of this state.
powers of the 8 11. The citv council shall have power to appoint a
clerk, assessor, city surveyor, city attorney, wharf-master,
and all such other inferior officers as may be necessary, re-
quire them to give bond for the faithful performance of
their respective duties ; to take an oath of office, and to fix
city council.
cities. 337
their compensation, and borrow money on the credit of the
city, at an interest, not exceeding ten per cent., upon a vote
of the city, for which purpose a special election shall be
called by the mayor, giving ten days' notice; and if a ma-
jority of the legal voters are in favor of such loan it maybe
made ; not otherwise. To appropriate money and provide
lor the payment of the debts and expenses of the city. To Disease,
make all necessary regulations to prevent the introduction of
contagious diseases into the city; to make quarantine 1 iws
for that purpose, and enforce the same within two miles of
said city. To establish hospitals, and make regulations for Hospitals,
the same. To make regulations to secure the general health
of the city. To declare what shall be a nuisance, and to
prevent ami remove the same.
§ 12. To provide the city with water, to erect hydrants Water.
and pumps, build cisterns and dig wells in the streets, for
the supply 'of engines and buckets.
§ 13. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and, keep in repair streets,
avenues, lanes and alleys, sidewalks, drains and sewers, and
wharves, and establish, erect, and keep in repair bridges.
§ 14. To divide the city into wards, alter the boundaries wards,
thereof, and make additional wards, as the occasion may
require.
§ 15. To provide for lighting the streets, and erecting Lisht-
lamp posts; to establish, support and regulate night watches, watchmen.
§ 16. To erect, market houses, to establish markets and Markets.
market places, and provide for the government and regula-
tion thereof; to restrain cattle, sheep, hogs and dogs from
running at large.
§ 17. To regulate the storage of gunpowder, tar, pitch, Powder,
rosin and other combustible materials; to regulate the fixing
of chimneys, to iix the flues thereof; to provide for the
prevention and extinguishment of tires ; to organize and
establish fire companies.
§ IS. To restrain, prohibit and suppress tippling houses, Bad houses,
dram shops, gambling houses, and bawdy houses, and all
other disorderly houses.
§ 19. To prevent the stacking of hay, straw, or any Fire materials,
combustible material in the streets, lanes, avenues, or alleys,
or upon any lot in said city.
§ 20. To license, tax and regulate theatrical and other snows,
exhibition-, shows and amusements; to license, tax and
regulate hackney carriages, wagons, carts and drays, and
fix the rates to be charged for the carriage of persons, and for
the wagonage, cartage and drayage of property ; to license,
tax and regulate auctioneers, merchants, peddlers, retailers,
grocers, taverns, ordinaries, hawkers, brokers, pawnbrokers,
and money changers.
§ 21. To provide for inclosiug, improving and regulating Public ground*.
—28
338
CITIES.
Weights
measures.
Census.
Police.
Billiard tables.
Wharves
docks.
Ordinances.
Ordinances pub-
lished.
all public grounds belonging to the city ; to provide all
needful buildings for the use of the city.
§ 22. To establish standard weights and measures, and
regulate the weights and measures to be used in the city,
in all cases not otherwise provided by law, and to order all
laws on the subject to be enforced, and to fix and enforce
payment of fines for non-compliance with any such order.
§ 23. To provide for the inspection and measuring of
lumber and other building materials, and for the measuring
of all kinds of mechanical work, the weighing of hay and
stone coal, the measurement of charcoal, lire- wood and other
fuel, to be sold and used within the city.
§ 24. To provide for and regulate the inspection of
tobacco, and of beef, pork, flour, meal, whisky in barrels,
butter, lard and other provisions: to regulate the weight
and quality of bread, to be used in the city.
§ 25. To provide for taking enumerations of the inhabi-
tants of the city; to regulate the election of city officers,
and to provide for the removal from office of any person
holding an office created by ordinance ; to fix the compen-
sation of all city officers, and regulate the fees of jurors,
witnesses and others, for services rendered under this act,
or any ordinance made in pursuance of it.
§ 26. To regulate the police of the city ; to impose fines
and forfeitures and penalties for the breach of any ordinance,
and to provide for the recovery and appropriation of such
tines and forfeitures, and enforcement of such penalties.
And all moneys collected under and by authority of any
city ordinance shall be deemed and taken to belong to
said city, and disposed of by the city council, under the
ordinances of said city, for the general use and benefit
thereof.
§ 27. To have exclusive power, within the city, to license
or suppress and restrain billiard tables and bowling alleys.
§ 28. To erect, repair and regulate public wharves and
docks, and to collect wharfage therefrom.
§ 29. To have power to make all ordinances which shall
be necessary and proper for carrying into execution the
powers specified in this act, so that such ordinance be not
repugnant to nor inconsistent with the constitution of the
United States or of this state. And the style of the ordi-
nances shall be, " Be it ordained by the City Council of the
City of DunleithP
% 30. All ordinances passed by the city council shall,
within ten days after they are passed, be printed or written,
and posted up in three of the most public places in the city
of Dunleith ; and shall not be in force until posted as afore-
said. The city ordinances may be proven by the seal of the
corporation, and when printed in book or pamphlet form,
antf purporting to be printed and published by authority of
cities. 339
the corporation, the same shall be received in evidence, in
all courts and places, without further proof.
§ 31. There shall be elected in the city of Dunleith, by *>{[£ masis-
the qualified voters thereof, on the second Monday in March,
eighteen hundred and sixty-five (1865), and quadriennially
thereafter, a police magistrate, who shall hold his office for
the term of four years and until his successor shall be elected
and qualified. The police magistrate shall be commissioned
by the governor of the state of Illinois, and shall have the
same qualification, be subject to the same requirements and
penalties, and have the same rights, privileges, jurisdiction
and duties that justices of the peace now have, or may
hereafter have, under the general laws of the state.
8 32. The mayor shall preside at all meetings of the »«»*<« «»i pow-
. «J J • i li i ers of the mayor
city council, and, in case of a Ue, shall have a casting vote,
aud in no other. In case of the non-attendance of the
mayor at any meeting, the council shall appoint one of their
own number chairman, who shall preside at the meeting,
but shall not thereby loose his right to vote on any question
before the board. The mayor, or any two aldermen, may
call special meetings of the city council. And he is hereby
authorized to call on every male inhabitant of said city,
over the age of eighteen years, to aid in enforcing the laws
and ordinances, and, in case of riot, to call out the militia,
to aid him in suppressing the same or other disorderly
conduct, preventing and extinguishing fires, for securing the
peace and safety of the city, or in carrying into effect any
law or ordinance ; and any person who shall not obey such
call shall forfeit to said city a fine, not exceeding five dollars.
He shall have power, whenever he may deem it necessary,
to require of any of the officers of said city an exhibit of
his books and papers. He 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 jurisdic-
tion as may be vested in him by ordinance of the city in
and over all places within two miles of the boundaries of
the city, for the purpose of enforcing the health and quaran-
tine ordinances and regulations thereof.
j$ 33. When it shall be necessary to take private property Private property
.. ° . •! • l. ■ li- i. i for streets, etc.
tor opening, widening or altering any public street, lane,
avenue or alley, the corporation shall make a just compen-
sation to the person whose property is so taken ; and if the
amount of such compensation cannot be agreed on, the
mayor shall cause the same to be assessed by a jury of six
disinterested freeholders of the city : Provided, that when Proviso.
the owners of all the property on a street, [lane,] avenue or
alley, proposed to be opened, widened or altered, shall peti-
tion therefor, the city council may open, widen or alter said
street, lane, avenue, or alley, upon conditions to [be] pre-
scribed by ordinance; but no compensation shall in those
cases be made to those whose property shall be taken, their
340 CITIES.
tenant or other?, for the opening, widening, or altering any
such street, lane, avenue or alley. The jurors to assess
damages to be sworn and report to the mayor, in writing,
signed by each juror, and shall take into consideration the
benefit as well as injury to the property. lie may, within
ten days, set aside the inquest, and cause a new one to be
proviso. made: Provided, that the provisions of this section, author-
izing the taking and condemnation of property, shall in no
manner interfere with the right of way, tracks, warehouses,
and depot property of the Illinois Central railroad company.
special tax. ^ oi. When petitioned for by at least two-thirds of the
property holders of the city, the council shall have power,
by ordinance, to levy and collect a special tux on the holders
of lots in any street, lane, avenue, or alley, according to
their respective fronts owned by them, for the purpose of
paving, grading or planking side-walk.-, and lighting such
streets, lanes, avenues, or alleys. Said tax not to exceed in
amount the actual cost of said improvements; which tax
shall be collected as other city taxes.
street labor. § 35. Every aide bodied male inhabitant in said city,
over twenty-one years of age, shall be required to labor on
the streets, lanes, avenues and alleys of said city, not
exceeding three days in each and every year; and any per-
son failing to perform such labor, when duly notified by the
street commissioner, shall forfeit and pay one dollar and
seventy five cents for each day so neglected or refused.
The inhabitants of the city of Dnnleith are hereby exempted
from working on any road beyond the limits of the city,
and from paying any tax to procure laborers to work on the
same.
Tm^;ar>nmor,t^ § 36. The city council shall have power to provide for
Imprisonment of O _ ./ t J *...,.
offenders. the imprisonment of offenders m the county or city jail, in
all cases where such offender shall fail or refuse to pay the
lines and forfeitures which may be recorded against them.
Ordinances to § §7. All ordinances and resolutions passed by the presi-
remain in force dent and trustees of the town of Dunleith shall remain in
force until the same shall have been repealed by the city
council hereby created, and all suits, actions and prosecu-
tions, instituted, commenced or brought by the corporation
hereby created, shall be in the name of the City of Dun-
leith. '
Rights vested. g 38. All actions, fines, penalties and forfeitures which
have accrued to the president and trustees of the town of
Dunleith, shall be vested in and prosecuted by the corpora-
tion hereby created; and all property, real and personal,
heretofore belonging to the president and trustees of the
town of Dunleith, for the use of the inhabitants of said
town, shall be and the same is hereby declared to be vested
in the corporation hereby created; nor shall this charter
invalidate any act done by the president and trustees of the
CITIES. 341
town of Dnnleith, nor divest them of any rights which
may have accrued to them prior to the passage of this act.
§ 39. Appeals shall be allowed from decisions, in all Appeals allowed
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
said Jo Daviess county ; and every such appeal shall be
grunted in the same manner and with like effect as appeals
are taken from and granted by justices of the peace to the
circuit court under the laws of this state.
§ 40. The city marshal, or any other officer authorized Marshal to be
° " ,7 " . i , .,.., county consta-
to execute writs or any other process issued by any judicial we.
officer in said city, shall have power to execute the same
anywhere within the limits of Jo Daviess county ; and
shall be entitled to the same fees for traveling as are allowed
to constables in similar cases. The said city marshal, by
virtue of his office, shall be a constable of Jo Daviess county,
with power to serve process and do all acts that a constable
may lawfully do ; and shall receive the same fees as are
allowed to other constables by law; he shall hold his office
for one year, and shall give bond as other constables are
required by law to give, which bond shall be filed L. the
office of the county clerk.
§ 4:1. Xo provisions of this act shall be so construed as
to authorize the sale of ardent spirits in a less quantity than
is now provided by law, unless iicensed so to do by the city
council.
§ 42. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Citv of Du Quoin. In force Feb. 10,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of the town of Du Quoin, in Perry county, be Name and style-
and are hereby constituted a body politic and corporate, by
the name and style of " The City of Du Quoin ;" and by
that name shall have perpetual succession ; may sue and be
sued, plead and be impleaded, in all courts of law and
equity, in this state; and may have and use a common seal,
and alter the same at pleasure.
§ 2. The boundary lines of said city corporation shall Limits.
be as follows, to wit : Beginning at a point one mile due
east from the south-west corner of the public park, in said
city, thence run north one mile, thence west two miles,
thence south two (2) miles, thence east two miles, thence
north one mile, to the place of beginning. When- Additions.
312 cities.
ever any tract of land, adjoining the city of Du Quoin,
shall be laid off into town lots, and duly recorded,
as required by law, the same shall be annexed to and
form a part of the city of Du Quoin, and all parcels
of land, within the city boundaries, that are in extent five
(5) acres, or more, shall be exempt from taxation for city
revenue, until the same shall be subdivided into lots of less
than five acres, and each lot, when so divided, shall be
taxed as other city lots.
General powers. § 3. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, plead and
be impleaded, defend and be defended, in all courts of law
and equity, and in all actions whatever; to hold and pur-
chase and receive property, both real and personal, in said
city ; to sell, lease and convey and dispose of the same, and
to do all things in relation thereto the same as natural
persons.
city council. § 4. There shall be a city council, to consist, of a mayor
and board of aldermen. The board of aldermen shall be
chosen by the qualified voters of said city ; two (2) alder-
men shall be chosen from each ward, and shall hold their
offices for two years, and until their successors shall be
elected and qualified. The aldermen shall be chosen by the
qualified voters of their respective wards.
Office'8 telm °f § '-*• ^ie inayor shall be chosen by the qualified electors
of the city, and shall hold his office for one year, and until
his successor shall be elected and qualified, and shall re-
ceive such compensation for his services, not exceeding two
hundred ($200 00) dollars per annum, as the city council
may, by ordinance provide : Provided., that when the
population of said city shall amount to live thousand the
inayor shall receive such increase of salary as the council,
may, by ordinance, provide.
Qualifications. g q rp}ie mayor and aldermen shall have the same
qualifications to render them eligible as now provided by an
act entitled "An act to incorporate the City of Centralia,"
approved February 18, 1859, with regard to the eligibility of
the mayor and aldermen of said city of Centralia, and shall
be required to take the same oath of office, and perform the
same duties, and be liable to the same penalties and disa-
bilities, as provided in said act (so far as the same may be
applicable) for the mayor and aldermen of said city of
Centralia.
Kiection. § 7. On the second Monday in March next, an election
shall be held in each ward of said city, for one mayor,
one marshal, one street commissioner, one city treasurer and
assessor, one city surveyor, and one police magistrate for the
city, and two aldermen for each ward; and, forever there-
after, there shall be elected on the second Monday in March,
of each year, one mayor, one marshal, one street commis-
cities. 343
sioner, one city surveyor, and one treasurer and assessor,
for the city, and one alderman for each ward.
5 8. Thomas Brisks, and the others now constituting Trustees ap-
ii i i> i- ii p -r\ r\ • in pointment.
the board of trustees ot the town ot JJu Quoin, siiaJI con-
stitute a board of trustees of said city, and shall hold the
first election for city officers, providing by ordinance for the
appointment of persons to act as a board of election in each
ward ; to divide the city into three wards, by lines running
east and west, describing particularly the boundaries of
each ward, (the wards to be as nearly equal in population
as possible,) in the same manner as provided in the second
section of article four (4) of said act incorporating said city
of Centralia. The same qualifications shall be required of
all voters at such election, and at all subsequent elections,
for city officers, as provided in section third of said article
four of said act incorporating said city of Centralia; and
the same qualifications shall be required of all voters at the
election "for" or "against" the adoption " of this charter ;"
which election shall be promulgated and held by said trus-
tees, in the same manner as specified in section ten (10) of
article eight (8) of said act incorporating said city of
Centralia.
§ 9. All the provisions of said act incorporating said Powers „r coun-
city of Centralia, approved February 18, 1859, so far as the
same shall or may be applicable, shall be in force and effect,
with regard to the city of Du Quoin and its officers. The
city council, the mayor, the police magistrate, and all other
city officers, shall have all the powers, be governed and
controlled by the same rules and restrictions, and be, in all
respects, similar in powers and duties, as provided for such
officers of said city of Centralia. The city council shall
have power to license or restrain the sale of spirituous,
vinous, mixed or malt liquors, and all other powers, legisla-
tive or otherwise, as are provided in said act with regard to
the city council of Centralia. The police magistrate shall
be elected and commissioned in the same manner and have
the same jurisdiction as now provided for the police magis-
trate of said city of Centralia.
§ 10. This act shall be a public act, and be so construed
in all courts and places. The certificate of the mayor of
said city, attended bj the seal thereof, shall be evidence in
all courts and places, of any act, ordinance or resolution of
said city. This act shall take effect and be in force from
and after its passage.
Approved February 10, 1865.
3LI CITIES.
In force Feb. 10, AN ACT to incorporate the Citv of East St. Louis.
1S65.
ARTICLE I.
BOUNDARIES AND GENERAL POWERS.
Section 1 Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
N'me and style, habitants of the town of East St. Louis, in the county of St.
Clair, and state of Illinois, be and they are hereby consti-
tuted <t body politic and corporate, by the name and style
of "The City of East St. Louis;11 and by that name shall
Seal. have perpetual succession, and may have and use a com-
mon seal, which they may alter and change at pleasure.
Boundary. § 2. All that district of country inclosed by the following
boundaries, viz: commencing at tiie most easterly corner of
the platted town of East St. Louis, reference being had to
the plat of said town, on record in the county of St. Clair,
aforesaid; thence along the boundary of said town, south-
westwardly, and on its straight continuation to the center of
the old lied of Cahokia creek; thence on a line due west, to
the state line; thence northwardly along said state line to a
point due west from the most northerly corner of survey No.
six hundred and twenty-six, (McCarty tract) ; thence due
east to said corner ; thence on a straight line to the place of
beginning, shall be comprehended in the city of East St.
Louis.
wards. § 3. The town council of the town of East St. Louis
shall, on or before the first day of March next, or as soon
thereafter as practicable, divide the said city of East St.
Louis into not exceeding .... wards, as nearly equal in
population as practicable, particularly describing the bounda-
ries of each.
Additions. § 4. Whenever any tract of land adjoining the city of
East St. Louis shall or may have been laid off into town
lots, and duly recorded, as required by law, the same shall
be annexed to and form a part of the city of East St. Louis :
Proviso. Provided, the city council shall do so by ordinance.
General powers. § o. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead
and lie pleaded, defend and be defended, in all courts of
law and equity, and in all actions whatsoever ; to purchase,
receive and hold property, real and personal and mixed, in
said city; to purchase, receive and hold property, real, per-
sonal and mixed, beyond the city, for burial grounds, or ior
other public purposes, for the use of the inhabitants of said
city; to sell, lease or convey or dispose of property for the
benefit of the city, and to improve and protect such prop-
erty, and to do all other things, in relation thereto, as natu-
ral persons.
what exempt § q_ AH tracts of land within the city limits, of four
acres in extent, and over, not subdivided into lots, vacant or
cities. 345
used for general farming or pasture purposes only, shall bo
exempt from general city taxes.
§ 7. Nothing herein contained shall be so con strned as vested rights.
to abrogate any vested right of the Belleville turnpike com-
pany.
ARTICLE II.
CITY GOVERNMENT.
,§ 1. The city government shall be vested in a board of Government of
aldermen, mayor and city judge. C1,y'
§ 2. The board of aldermen shall consist of two mem- Board of aider-
bers from each ward, to be chosen by the qualified voters, men'
for two years.
§ '3. ]STo person shall be an alderman unless, at the time who may be at
of his election, he shall have resided twelve months within
the limits of the city, and shall be, at the time of his elec-
tion, twenty-five years of age, a freeholder of the city, and a
citizen of the United States, and a resident of the ward from
which he is elected.
§ 4. If any alderman shall, after his election, remove Removal to va-
from the ward for which he is elected, or cease to be a free- cale0 C8"
holder in said city, his office shall thereby be vacated.
§ 5. At the first meeting of the city council the alder- classes of alder-
men shall be divided, by lot, into two classes ; the seats of meD"
those of the first class shall be vacated at the expiration of
the first year, and of the second class at the expiration of
the second year, so that one-half of the board shall be elected
annually.
§ 6. The city council shall judge of the qualifications, Elections,
elections and returns of their own members, and shall deter-
mine ail contested elections.
§ 7. A majority of the city council shall constitute a Quorum,
quorum to do business, but a smaller number shall adjourn
from day to day and compel the attendance of absent mem-
bers, under such penalties as may be prescribed by ordi-
nance.
§ 8. The city council shall have power to determine the Ruiesof proceed
rule of its proceedings, punish its members for disorderly 1 ss"
conduct, and, with the concurrence of two-thirds of the mem-
bers elected, expel a member.
§ 9. The city council shall keep a journal of its proceed- Journal,
ings, 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.
§ 10. No alderman, during the term of his office, shall Aldermen's pay.
receive more than fifty dollars per annum for his services,
nor shall he be appointed to any office under the authority
of the city, nor shall he be interested in any contract, di-
rectly or indirectly, with the city.
§ 11. There shall be twelve stated meetings of the city Monthly mee*
—29 inss-
CITIES.
council in each year, at such times and places as may be
prescribed by ordinance.
ARTICLE III.
LEGISLATIVE DEPARTMENT.
Tax may
levied.
Officers of city.
Officers' bonds.
Debt of city.
Hospitals.
Cisterns and wa
ter.
Streets and al
Bridges.
Wards.
Light and lamp
posts.
§ 1. The city council shall have power and authority to
levy and collect taxes upon all property, real, personal and
mixed, within the limits of the city, not exceeding one-halt
per cent., per annum, upon the assessed value thereof; and
all taxes and assessments levied by the city council, which
shall not be paid as fixed by ordinance, shall be collected as
the council may prescribe by ordinance, not inconsistent with
the constitution and laws of this state ; and full power is
hereby given to adopt the mode and manner as specified in
an act entitled " An act to amend the charters of the several
towns and cities in this state," passed March 1st, 1854.
§ 2. The city council shall have power to appoint a clerk,
a treasurer, an attorney, marshals, street inspectors, a sur-
veyor, assessor and collector, and all such other officers as
may be necessary.
§ 3. The city council shall have power to require of all
officers, appointed in pursuance of this charter, bonds, with
sufficient penalty and security, and also to take an oath for
the faithful discharge of their duties, to fix and regulate
their compensation, and provide for their removal from
office, and to define their duties.
§ 4. The city council shall have power also to appropri-
ate money and provide for the payment of the debt and ex-
penses of the city.
§ 5. To make regulations to prevent the introduction of
contagious deseases into the city, to make quarantine laws
for that purpose, and to enforce the same within five miles
of the city.
§ 6. To establish hospitals, and make regulations for the
government of the same.
§ T.
of the inhabitants, to declare what shall be a nuisance, and
to prevent and remove the same.
§ 8. To provide the city with water ; to erect, sink and
build cisterns, wells and reservoirs ; to erect hydrants and
pumps in the streets, for the convenience of the inhabitants,
and for the extinguishment of fires.
§ 9. To open, alter, widen, extend, establish, grade, pave,
or otherwise improve and keep in repair, streets, avenues,
lanes, alleys, and other public places.
§ 10. To establish, erect and keep in repair bridges.
| 11. To divide the city into wards, alter the bounda-
ries thereof, and create additional wards, as occasion may
require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
To make regulations to insure the general health
cities. 34:7
§ 13. To establish, regulate and support night watches, watchmen.
§ 14. To erect market houses, to establish markets and Markets,
market places, and provide for the government and regula-
tion thereof.
§ 15. To provide for the erection of all needful buildings city bindings,
for the city.
§ 16. To provide for inclosing, improving and regulating Puhlic grounds,
all public grounds belonging to the city.
§ 17. To improve and preserve the navigation of the uiver-
Mississippi, within the limits of the city.
§ 18. To erect, repair and regulate public wharves and ^^ea and
docks ; to regulate the erection and repair of private wharves,
and the rates of wharfage thereat.
§ 19. To provide for securing the city from inundation, Embankments,
by the erection and keeping in repair suitable embankments,
within or without the city.
§ 20. To establish, erect, construct, regulate and keep Bridges.
in repair bridges, culverts and sewers, side walks and cross-
walks, and regulate the construction and use of the same,
and to abate any obstruction or encroachments thereof; to Highways,
have the sole control and power over the streets, alle3Ts and
highways of the city, and to abate and remove any encroach-
ments or obstructions thereon ; to establish, alter, change
and straighten the channels of water courses and natural
drains, to sewer the same or wall them up and cover them
over ; and to prevent, regulate and control the filling up,
altering or changing the channels thereof by private per-
sons.
§ 21. To regulate the burial of the dead; to establish interment,
and regulate one or more cemeteries ; to regulate the regis- Births and
tration of births and deaths; to direct the returning and ;' 3'
keeping of bills of mortality, and to impose penalties on
physicians, sextons and others for any default in the pre-
mises.
§ 22. To provide for the prevention and extinguishment Pire«.
of fires, and to organize and establish fire companies.
§ 23. To regulate or prohibit the erection of wooden Buildings,
buildings in any part of the city.
6 24. To regulate the fixing of chimneys and fix the flues chimneys and
,i ,. ° ' flues.
thereof.
§ 25. To regulate the storage of gunpowder, coal, oil Powder and on.
and other combustible materials.
§ 26. To regulate and order parapet walls and partition WrUls and fen-
fences.
§ 27. To establish standard weights and measures, to ^ewnrei and
be used within the city, in all cases not otherwise provided
by law.
§ 28. To regulate, license and prohibit butchers, and Butchers~
to revoke their license for mal-conduct in the course of
trade.
348
CITIES.
Beef, porl
flour.
Proviao.
Brick.
City police.
Regrating
and
Lumber and § 20. To regulate and provide for the inspecting and
riaisdins mate" measuring of lumber, shingles, timber, posts, staves, head-
ing and all kinds of building materials, and for the measur-
ing of all kinds of mechanical work, and to appoint one or
more inspectors or measurers,
nay, coai, etc § 30. To provide for the inspection and weighing of
hay, lime and stone coal, and the place and manner of sell-
ing the same.
wood. § 31. To regulate the measurement of firewood and
charcoal, and the weighing of stone coal and other fuel, to
be sold or used within the city, and the place and manner
of selling the same.
§ 32. To regulate the inspection of beef, pork, flour,
meal, salt and other provisions, whisky and other liquors,
to be sold in barrels, hogsheads and other vessels or packa-
ges; to appoint weighers, gangers and inspectors, and pre-
scribe their duties and regulate their fees: Provided, that
nothing herein shall be so construed as to require the inspec-
tion of any articles enumerated herein which are to be
shipped beyond the limits of the state, except at the request
of the owner thereof or his agent.
§ 33. To regulate the size and quality of brick to bo
sold or used in the city.
§ 34. To create, establish and regulate the police of the
city; to appoint watchmen and policemen, and deiine their
duties and powers.
§ 35. To prevent, restrain and punish forestalling and
regrating.
§ 36. To prevent and restrain loud, unbecoming or in-
decent language or other disorderly conduct in said city.
§ 37. To prohibit, prevent and suppress horse racing,
immoderate riding or driving in the streets, and to authorize
persons immoderately riding and driving, as aforesaid, to be
stopped by any person.
38. To prohibit the abuse of animals, and punish the
same; to compel persons to fasten their horses or other ani-
mals, attached to vehicles or otherwise, while standing or
remaining in the streets or other public place or uninclosed
grounds in the city.
§ 30. To restrain and punish vagrants, mendicants, street
beggars and prostitutes,
stock at large. § -10. To restrain and regulate the running at large of
swine, sheep and goats, and to authorize the distraining, im-
pounding and sale of the same, for costs of the proceedings
and the penalties incurred, and to impose penalties on the
owners thereof for violation of any ordinance in relation
thereto.
Doga. § 41. To regulate, restrain and prohibit the running at.
large of dogs, and to authorize their destruction, when at
large contrary to ordinance, and to impose penalties on tho
owners or keepers thereof.
Disorderly con-
duct.
Fast driving.
Abuse of animals
Vagrants
beggars.
cities. 349
§ 42. To abate all nuisances which may injure or affect Nuisance.
the public health or comfort, in any manner they may deem
expedient.
§ 43. To regulate the fees of jurors, witnesses and others, Jurors' fees.
for services rendered under this act.
44. To restrain, prohibit and suppress tippling houses, Gaming.
dram shops, gaming, bawdy and other disorderly houses.
§ 45. To regulate and prevent the carrying on of manu- Dangerous bus-
ts o ■ I •' o iness.
factories and works dangerous in promoting or causing fires.
40. To regulate and prohibit the use of fireworks and Fireworks and
,. ° L arms.
firearms.
§ 47. To direct and control the laying and construction Railroad tracks
of railroad tracks, bridges, turnouts and switches, in the
streets and alleys of the city, and the location of depot
grounds, within the old limits of the town of East St. Louis,
on ground not owned by railroad companies ; to require rail- crossings.
road companies to construct and keep in repair suilablc
crossings at the intersection of streets, alleys, ditches, sewers
and culverts ; to direct and regulate the speed of locomo-
tives, engines and cars, connected or detached, within the
boundaries of the city ; and to prohibit and restrain railroad
companies from doing storage or warehouse business.
§ 48. To fill up, drain, cleanse, alter, relay, repair and Drains and sink*
regulate any grounds, lots, yards, cellars, private drains,
sinks and privies ; direct and regulate their construction,
and cause the expense thereof to be assessed and collected
as other taxes or assessments.
5 49. To require every person practicing physic in the rhysician to
.> iiii .ii • -i i • make report.
city, wno shall have a patient laboring under any malignant,
infectious or pestilential disease, to forthwith make report
thereof, in writing, to the city clerk, and for neglect to do
so shall be deemed guilty of a misdemeanor, and liable to a
fine of not less than twenty nor more than one hundred
dollars, to be used for and recovered, with costs, in an action
of debt, in any court having cognizance thereof, for the use
or in the name of the city.
§ 50. To license, tax and regulate inn keepers, agents foreign ageDts.
for foreign insurance companies, brokers, and auctioneers,
and to impose duties upon the sale of goods sold at auction.
§ 51. To license, tax, and regulate merchants, commis- Merchants and
. ° -it i i peddlers.
sion merchants, and to license, tax, regulate, suppress and
prohibit hawkers, peddlers, pawnbrokers, grocery keepers
and keepers of ordinaries, theatrical or other exhibitions,
shows and amusements.
§ 52. To license, tax, regulate and suppress hackmen, Hackmen, etc.
draymen, omnibus drivers, porters, and all others pursuing
like occupations, with or without vehicles, and prescribe
their compensation, and to restrain and regulate runners for
stages, cars and public houses
§ 53. To license, tax and regulate wharf-boats at the wharfage,
public landings.
350
CITIES.
Ferries.
Games.
Liquors.
Wagons.
Special tax for
grading streets,
License, how
sujd.
Vagrant
dreu.
chil-
Ordinances.
§ 54. To license, tax and regulate the keeping of ferries,
billiard tables, ten pin alleys, and ball alleys ; to suppress
and restrain gambling houses, lotteries, and all fraudulent de-
vices and practices, and all playing of cards, dice, and other
games of chance, with or without betting, and to authorize
the destruction of all instruments and devices used for the
purpose of gaming.
§ 55. To restrain, regulate and prohibit the selling or
giving away of any intoxicating or malt liquors, by any per-
son, within the city and within one-half of one mile of the
city.
§ 56. To direct, license and control all wagons and other
vehicles conveying loads within the city, and prescribe the
width and tire of the same.
§ 57. To levy and collect a special tax on the holders of
the lots on any street, lane, avenue or alley, according to
the respective fronts owned by them, for the purpose of
paving and grading the sidewalks and lighting said street,
lane, avenue or alley; but the owners of property, aforesaid,
may make such grade and pavement, under the direction of
such person or persons as the city council may appoint.
§ 58. To authorize the proper officer of the city to grant
and issue licenses and direct the manner of issuing and
registering thereof, and the fees and charges to be paid
therefor: Provided, no license shall be granted for more
than one year, and not less than live dollars shall be charged
for any license under this act. . No license for the sale of
intoxicating and malt liquors, at retail, shall be issued for
less than sixty dollars for one year; and licenses for ferries
shall not exceed fifty dollars per boat per annum.
§ 59. To erect and establish a work-house or house of
correction ; to make all necessary regulations therefor, and
appoint all necessary keepers or assistants. In such work-
house or house of correction may be confined all vagrants,
stragglers, idlers, and disorderly persons, who may be com-
mitted thereto by any proper officer ; and any person who
shall fail or neglect to pay any fine, forfeiture or penalty, on-
costs imposed by any ordinance of the city, for any misde-
meanor or breach of any ordinance of the city, or in viola-
tion of any provision of this charter, may, instead of being
committed to the city jail or the county jail of St. Clair
county, be kept therein, subject to labor and confinement.
§ 60. To authorize and direct the taking up and provi-
ding for the safe keeping and education, for such periods of
time as may be deemed expedient, of all children who are
destitute of proper parental care, wandering about the
streets, committing mischief, and growing up in mendicancy,
ignorance, idleness and vice.
§ 61. To pass, publish, amend and repeal all ordinances,
rules and police regulations, not contrary to the constitution
of the United States or of this state, for the good govern-
CITIES. 351
ment, peace and order of the city, and the trade and com-
merce thereof, that may be necessary and proper to carry
into effect the powers vested by this act in the corporation,
the city government, or any department or officers thereof;
to enforce the observance of all such rules, ordinances and
police regulations, and to punish violations thereof, by
tines, forfeitures, penalties and imprisonment in the county
jail, city prison or work-house, or both, in the discretion of
the court, or magistrate before whom conviction may be had;
but no tine or penalty shall exceed five hundred dollars, Extent of fines,
nor the imprisonment six months, for any offence ; and
such tine or penalty may be recovered, with costs, in an
action of debt, in the name or for the use of the city, before
any court having jurisdiction, and punishment inflicted ;
and any person upon whom any tine, forfeiture 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 work-house, 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 ordi-
nance.
§ 62. All owners or occupants of lots and lands in front sidewalks,
of, adjoining or upon whose premises the city council shall .
order and direct sidewalks or drains to be constructed, gra-
ded, repaired, relaid or cleansed, or shall declare any such
lots or land to be nuisances, and order the same to be gra-
ded, filled up and drained, or otherwise improved, shall
make, grade, repair or relay such sidewalk, or make, repair
or cleanse such drain, or grade, fill up, drain or other-
wise improve such lots or land, at their own cost and char-
ges, within the time and in the manner prescribed by ordi-
nance or otherwise ; and if not done within the time and in
the manner prescribed, the city council may cause the same
to be constructed, repaired, relaid, cleansed, filled up, gra
ded, 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 general tax assess-
ments. A suit may also be maintained against the owner
or occupant of such premises for the recovery of such ex-
penses, as for money paid and laid out to his use and at his
request.
£ 63. In all cases where expenses may be incurred in Assessments fo»
,i i ,. . ,i ., .i .i Improvements.
the removal ot any nuisance, the city council, may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be, likewise, collected of the
owner or occupant of such premises in a suit for money ex-
pended for his or their use ; and in case the same should
not be chargeable to any real estate, suit may, in like man-
ner, be brought for such expenses against the author of such
352 cities.
nuisance, if known, or any person whose duty it may be to
remove or abate the same.
ARTICLE IV.
PROCEEDINGS IN SPECIAL CASES.
Opened. how ^ne °^J council shall have power to acquire, to open and
to lay out public grounds or squares, streets, alleys and
highways, and to alter, widen, contract, straighten and dis-
continue the same ; but no street, alley or highway, or any
part thereof, shall be discontinued or contracted without the
consent in writing of all persons owning land or lots adjoin-
ing said street, alley or highway. They shall cause all
streets, alleys and highways, or public squares or grounds,
laid out by them, to be surveyed, described and recorded in
a book to be kept by the clerk, showing accurately and par-
ticularly the proposed improvements, and the real estate
required to betaken, and the same when opened and made
shall be public highways and public squares.
jury to assess When it shall be necessary to take private property for
damages. . . . 1 • - .l . i
opening, altering or laying out any street, lane, avenue,
alley, public squares or other public grounds, the corpora-
tion shall make a just compensation thereof to the person
whose property is so taken, and if the amount of such com-
pensation cannot be agreed on, the mayor shall cause the
same to be assessed by a jury of six disinterested freeholders
of the city.
■mien streets When the owners of all the property on a street, lane or
' alley, proposed to be opened, widened or altered, shall pe-
tition therefor, the city council, may open, widen or alter
such street, lane, avenue or alley, upon conditions to be pre-
scribed by ordinance ; but no compensation shall in such
case be made to those whose property shall be taken for
the opening, widening or altering of such street, lane, ave-
nue or alley, nor shall there be any assessment of benefit or
damage that may accrue thereby to any of the petitioners.
jurors sworn. All jurors empanneled to inquire into the amount of ben-
efit or damage which shall happen to the owners of property
proposed to be taken for opening, widening or altering any
street, lane or alley, shall be first sworn to that effect, and
shall return to the mayor their inquest, in writing, signed
by each juror.
Benefits and in- Ju assessing the amount of compensation for property
taken, for opening, or widening, or altering any street, lane,
avenue or alley, the jury shall take into consideration the
benefit, as well as the injury, happening by such opening,
widening or altering such street, lane, avenue or alley.
'LTastde when ^e may°r shall have power for good cause shown, within
ten days after any inquest shall have been returned to
him as aforesaid, to set the same aside and cause a new in-
quest to be made.
cities. 353
ARTICLE V.
JL'DICIARY.
6 1. There shall be established a court of civil and crim- cu-uand crimi-
... t -.. . i i i ri.i /^,. /->i .. -p , o na' courts.
mal jurisdiction, to be styled " I lie City Court ot .Last be.
Louis," and shall have a seal which may be altered by the
city council.
§ 2. The judge shall be elected at the same time, and in Judges of court,
the same manner as the mayor. He shall hold his office
for two years and until his successor is elected and quali-
fied.
§ 3. No person shall be eligible to the ofihe of city who may be
judge unless he is at the time of election a citizen of the jud;
United States, a freeholder of the city, twenty-five years of
age, and has resided in the city at least six months next pre-
ceding the election.
§ 4. The said city judge is hereby constituted a justice jurisdiction of
of the peace of St. Clair county. He shall be commissioned Judge*
by the governor, and qualify as other justices of the peace, but
enter into an office bond of two thousand dollars instead of
only one thousand dollars. He shall have and exercise LimU 0f juris-
within the limits of the city additional statute, criminal and diction-
common law jurisdiction where the demand, damages or fine
do not exceed five hundred dollars, and where the imprison-
ment extends only to the county or city jail. He shall have
exclusive jurisdiction in all cases arising under this act, or
any by-law or ordinance in pursuance thereof. lie shall
adopt a series of rules regulating the practice in said court,
and shaU record the same in his docket. He may require
written pleadings in said court.
§ 5. The said judge shall hold a session of his court on weekly court.
every Monday, and shall keep the same open from day to
day, if necessary, Sundays excepted, until all the business
before him is disposed of. He shall have power to fine and
imprison for contempt of his court, when in session. He Fees of judge,
shall be entitled to receive the same fees as circuit clerks
for similar services now by law are entitled to. He shall
keep an execution docket, in which he shall record the issu-
ing and return of all executions, and also a fee book, in
which he shall separately charge the fees in each case, and.
shall issue fee bills and cost bills according to law governing
circuit clerks in this state.
§ 6. Judgments rendered by the city judge shall have Judgments.
the same effect as judgments rendered by justices of the
peace.
§ 7. Changes of venue may be taken from before the change of venne
city judge in all cases prescribed by law governing the
changes of venue in the circuit courts of this state; and when
a change of venue is sought, the person making application
shall proceed in like manner as from said circuit court, and
such change shall be taken to no other than the circuit court
354:
CITIES.
ileoosrnizance.
Appeals
Transcripts.
Vacancy in office
of judge, how
filled.
Salary.
City marshal.
l?ees of marshal.
of St. Clair county : Provided, said case did not arise under
this charter or any city ordinance.
§ 8. In all criminal cases where changes of venue shall
be granted, it shall be the duty of the city judge to take a
recognizance with sufficient penalty and security, of the
said defendant, for his appearance at the circuit court. The
said recognizance shall be payable to the state for the use
of said county if given in a ease arising out of the city limits,
and to the state for the use of said city, if arising within the
city limit's, and recoverable in case of forfeiture in any court
of St. Clair county having jurisdiction, and on failure to
give such recognizance the marshal shall commit the said
defendant to the county or city jail, to be dealt with accord-
ing to law.
§ 0. Appeals may be taken from the decision of said
judge to the circuit court of St. Clair county in the same
mariner as appeals are taken from justices of the peace.
§ 10. Transcripts of the docket of said judge, may be
filed with and recorded by the clerk of St. Clair county, in
the same manner as from other justices of the peace, and
eaid transcripts shall have the same effect against and lien
upon real estate that transcripts of other justices of the
peace of the said county have or may have.
§ 11. In the event that the city judge shall be removed
from office, or the said office otherwise become vacant, or
should he be absent from the city, or sick, or unable to at-
tend to the duties of his office, the mayor shall and is hereby
authorized to appoint one of the justices of the peace in said
cit.y to preside in the place and stead of the city judge in all
cases concerning the violation of the city ordinances, or the
provisions of this act.
§ 12. The city judge shall receive, in addition to his
fees, such salary from the city as may be prescribed by the
city council.
§ 13. The city marshal and other authorized officers
shall be the executive officers of the city court, but before
entering upon the duties of their respective offices, they
shall each qualify and be commissioned as county constables
are, except that instead of one thousand, they shall enter
into official bonds in the sum of two thousand dollars each.
§ 11. They shall be entitled to the same fees that sher-
iffs are allowed for similar services, and may in addition
thereto receive a salary from the city as the city council
may direct, and they shall have the same power and author-
ity to execute all process issuing from said court, as sheriffs
have to execute similar process issuing from the circuit
court.
cities. 355
ARTICLE VI.
EXECUTIVE DEPARTMENT.
§ 1. The chief executive officer of the city shall be a Term of office,
mayor, who shall be elected by the qualified voters of the
city, and hold his office for two years, and until his succes-
sor shall be elected and qualified.
§ 2. ISo person shall be eligible to the office of mayor, E^gaib0'!ty of
who shall not possess the qualifications of an alderman, re-
garding age, citizenship, period of residence in the city and
his being a freeholder of the city.
§ 3. Whenever the mayor shall remove from the city office, when ™-
his office shall become vacated.
§ 4. He shall, before entering upon the duties of his
office, in addition to the usual oath, swear or affirm: ^That
he will devote so much of his time to the duties of his office
as an efficient and faithful discharge thereof may require."
The mayor shall receive for his services such salary as Mayor's salary,
may be fixed by ordinance.
The mayor or any two aldermen may call special meetings Special meeting*
of the city council.
The mayor shall at all times be active and vigilant in Enforcement °*
» • i i it f. i f> laws.
enforcing the Jaws and ordinances tor the government ot
said city. 'He shall inspect the conduct of all subordinate
officers of said city, and cause negligence and positive viola-
tion of duty to be prosecuted and punished. He shall, from
time to time, communicate to the city council, such infor-
mation, and recommend all such measures, as in his opinion
may tend to the improvement of the finances, the health,
security, comfort and ornament of the city.
In case of vacancy in the office of mayor, or of his being Mayor pro tern.
unable to perform the duties of his office by reason of tem-
porary or continued absence, or sickness, the city council
shall appoint one of its members, by ballot, to preside over
their meetings, whose official designation shall be " acting
mayor," and the alderman so appointed shall be vested with
all the powers and perform all the duties of mayor until
the mayor shall resume his office, or the vacancy shall be
filled by a new election.
All ordinances and resolutions shall, before they take ordinances.
effect, 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 approve he shall return to the city council Tet00f may°r-
with his objections thereto; upon such return the vote by
which such ordinance or resolution was passed shall be re-
considered, and if, after such reconsideration, a majority of
all the members elected shall agree, by the ayes and noes,
which shall be entered upon the journal, to pass the same,
it shall go into effect, and if the mayor shall neglect to
approve or object to any such proceedings for a longer period
356
CITIES.
Enforcement
than five days after the same shall be placed in the clerk's
office, as aforesaid, the same shall go into effect,
of The mayor is hereby authorized to call on all male inhab-
itants of the city, 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 suppress-
ing the same, or carrying any law or ordinance into effect;
and any person who shall not obey such call shall forfeit to
said city a line not less than five dollars.
Exhibit ofbooka The mayor shall have power, whenever he may deem it
necessary, to require of any one of the officers of the city
an exhibit of all his books and papers; and he shall have
power to execute all acts that may be required of him by
this act or any ordinance made in pursuance thereof.
The mayor shall preside at all meetings of the city council,
and shall have a casting vote and no other. In case of the
non-attendance of the mayor at any meeting the board of
aldermen shall appoint one of their number chairman, who
shall preside at that meeting.
Oast Ins vote.
ARTICLE VII.
ELECTIONS.
Election of offi-
oers.
an election
f a mayor,
Election,
held.
Tie vote decided
by lot.
V'acanciea.
§ 1. On the first Monday in April next
shall be held in said city for the election <
two aldermen from each ward and a city judge, and at each
succeeding first Monday in April, annually, there shall be
elected one alderman from each ward, and biennially a
mayor and city judge, all of whom shall hold their respective
offices until their successors are elected and qualified.
§ 2. Said first election shall commence at ten o'clock
a. m. and close at seven o'clock p. m., and otherwise be held,
conducted, and returns thereof made as may be provided by
ordinance by the present town council of the town of East
St. Louis, in conformity with this charter. All subsequent
elections shall be held as may be ordained by the city
council created by this act.
§ 3. All persons who are entitled to vote for state officers
and who shall have been actual residents of said city for
at least three months, and of the ward wherein they may
offer their votes at least ten days next preceding an election,
shall be entitled to vote at such election.
§ 4. If two or more persons shall receive an equal num-
ber of votes for any office, the judges of said election shall
decide the same by lot in the presence of the said town
council, if at said first election, and in the presence of the
city council if at any subsequent election.
§ 5. All offices of officers elected but failing to qualify
in conformity with the provisions of this act, within ten days
next after their election, shall be filled by a new election.
§ 6. All vacancies of elective officers shall be tilled by
election.
cities. 357
§ 7. No election shall be held in any building where in- Dowries no
toxicating or malt liquors are vended by retail. " ei^tlons. h°ld
ARTICLE VIII.
MISCELLANEOUS.
All officers elected or appointed under this act shall, be- oathof office.
fore entering upon the duties of their respective offices, make
and subscribe and file with the city clerk the following oath,
viz : " I do solemly swear (or affirm) that I will support the
constitution of the United States and of this state, and will
well and truly perform the duties of my office as , to
the best of my ability."
No person shall be eligible to any office in said city who Defiuitersineft-
is now or may hereafter be a defaulter to said city or to the
state of Illinois, or to any other city or county thereof, and
any person shall be considered a defaulter who has refused
or neglected, or may hereafter refuse or neglect, for thirty
days after demand made, to account for and pay over to the
party authorized to receive the same, any public money
which may have come into his possession by virtue of his
office.
And if any person holding any such office or place within when office va-
i cunt
the city shall become a defaulter while in office, the office or
place shall thereupon become vacant.
If any person, having been an officer of the town of Failure to hand
East St. Louis, or the city of East St. Louis, shall not, pipers.00
within ten days after notification and request, deliver to his
successor in office all the property, books, papers and effects
of every description in his possession, belonging to the city
or appertaining to his said office, he shall forfeit and pay for
the use of the city one hundred dollars, besides all damages
caused by his refusal or neglect so to deliver, and such suc-
cessor may recover possession of the books, papers and
effects belonging to his office in the manner prescribed by
tire laws of this state.
The mayor and aldermen and all officers appointed under officers ccmmis-
this act, shall be commissioned by warrants under the cor-
porate seal, signed by the chief executive officer and the
clerk of the corporation.
In case any officer elected or appointed under this charter, omission of da-
or any ordinance made in pursuance thereof, shall at any y"
time be guilty of palpable omission of duty, or shall will-
fully be guilty of oppression, mal-conduct or partiality in
the discharge of the duties of his office, he shall be liable to
be indicted in the circuit court of St. Clair county, and, on
conviction, he shall be fined not more than two hundred
dollars nor less than fifty, and the court shall have power,
on the recommendation of the jury, to add to the judgment
of the court that he be removed from office.
Neither the mayor nor city council shall remit any line
358 cities.
Fines, how re- or forfeiture or penalty imposed upon any person for the
mitted. violation of the laws or ordinances of said city, or release
from imprisonment, unless two-third-? of all the aldermen
elected shall vote for such remission or release ; 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 within the jurisdiction, by
indictment or otherwii .
when vote may No vote of the city council sliull be reconsidered or re-
scinded at a special meeting, unless the meeting be called
in whole or in part for that purpose, and all the aldermen
be so notified, and unless at such special meeting there be
'present as large a number of aldermen as when the vote
was taken.
piats of addi- The city council shall have power to adopt a plan for the
laying out and platting of all additions which may be made to
the city, or of sub-divisions of lands lying within the city
or within one-half mile of the limits thereof, so as to estab-
lish regularity and uniformity in the streets and highways
of the city and vicinity, and to require that all additions and
/ sub-divisions which may be so laid out and platted shall
conform, to such plan.
piats to be ap- And no map or plat of any addition to said .city, or of any
sub-division of lands lying within the same, or within one-
half mile of the limits thereof, shall be entitled to record or
shall be recorded in the office of the recorder of St. Clair
county until the same shall have been approved by the city
council of said city. And all such additions or sub-divisions
shall be null and void unless a correct map or plat thereof
shall be approved by the city council of said city, before the
same is fiied for record.
Annual state- The city council shall cause, annually, at least ten days
preceding the general election, a full and complete statement
of all moneys received and expended by the corporation
during the preceding year, and on what account received
and expended.
Road labor or The inhabitants of the city are hereby exempt from work-
ing upon any road or highway beyond the limits of the
city, and from paying the tax in lieu thereof, without said
limits.
street labor. The city council shall have power to require every male
inhabitant, over twenty-one and under fifty years of age,
to labor on the streets, lanes, avenues, alleys, other high-
ways, levees and embankments of the city, (to keep the
same in repair,) not exceeding three days in each year, or
to collect, in lieu thereof, the sum of one dollar per day
from each person liable to perform such labor, as may be
provided by ordinance; and the city council shall have
power to provide for the punishment of offenders, by im-
prisonment in the city prison, work house, or house of cor-
rection, in all cases where such offenders shall fail or refuse
cities, 359
to pay the fines and forfeitures -which may be recovered
against them; and said city council may also provide that Fines, how
such offenders failing or refusing to pay such fines and for- ™rkedout-
feitures, be required to labor upon the streets until the
whole line and costs shall be paid. And all persons shall
be imprisoned in the city prison, work house, house of cor-
rection, or be required to labor under compulsion instead of
imprisonment, one day for each dollar of fine, forfeiture,
penalty and costs against them recovered by the city.
All fines, forfeitures and penalties collected for offenses
committed within the city, and all moneys received for
licenses, shall be paid into the city treasury by the officers
collecting the same ; and all fines and forfeitures collected
of any citizen or person in or of said city, for any conviction
in said city, or the circuit court, shall be paid over in like
manner.
One-half of all moneys received in the city treasury from Moneys, hov
dram-shop licenses collected, shall be paid over, quarterly, Paidover-
to the treasurer of school township number two north, range
ten west, in St. Clair county, Illinois, by him to be appor-
tioned to the several schools taught in said city, under the
general school laws of the state, in the same mode and
manner as interest on township school funds is now required
to be apportioned ; and when so apportioned and credited
to the respective school districts in charge of said schools,
shall be liable to the orders of the respective boards o+* school
directors, as other funds, for the support of the said schools in
said city, respectively.
All ordinances passed by the city council shall, within ^ot!ce of ordi-
one month after they have been passed, be published at
least once in some newspaper published in said city, or by
posting a copy of each ordinance in each ward of the city,
in one of the most public places therein, and shall not be in
force until they have been published as aforesaid ; and proof Evidence of <>r-
of such publication, if through a newspaper, by the affidavit
of the printer or publisher of such newspaper, or if posted
by copies, as aforesaid, by the affidavit of the person posting
the same, taken before .the city judge or other magistrate in
said city, and filed with the city clerk or any other compe-
tent proof of such publication, shall be conclusive evidence
of the legal publication and promulgation of such ordi-
nances, in all courts and places.
All ordinances of the city may be proven by the seal of how proven.
the corporation ; and when printed or published in pam-
phlet or book form, and purporting to be printed or pub-
lished by the authority of the city council, the same shall
be received in evidence in all courts and places, without
further proof.
The style of the ordinances shall be : "Be it ordainedly style of ordi-
the city council of the city of East St. Louis.'1''
All actions brought to recover any fine, forfeiture or pen-
360 CITIES.
Actions, who alty incurred under tin's act, or any ordinance, by-law or
police regulation made in pursuance thereof, shall be brought
in the corporate name. It shall be lawful to declare, gene-
rally, in debt for such fine, forfeiture or penalty, stating the
clause of this act, or the by-law or ordinance, under which
the fine, forfeiture or penalty is claimed, and to give the
special matter in evidence under it.
Arrest of offend- Jn all prosecutions for any violation of this charter, or
any ordinance, by-law or other regulation made in pursu-
ance of this ac!", the iirst process shall be a summons, unless
oath or affirmation be made for a warrant, as in other cases.
No process shall be necessary where the offender is arrested
without warrant, -and brought before the city court; but an
entry of the cause, place and time of arrest shall be made
upon the docket of the court, and trial had in the same
manner as if process had been issued.
Appeals. The city may appeal in all cases arising under the charter
and ordinances of the city, without giving security ; and the
city clerk, in cases of appeals by the city, shall execute
bonds under the corporate seal, without sureties, and a reso-
lution or ordinance of the city council, authorizing the same,
shall be sufficient authority therefor; nor shall the city, in
any case, be required to file bond or security for costs.
Quarterly report The citj council shall have power to require the city
judge to report and settle quarterly, or oftener, and to con-
form to the ordinances and resolutions passed from time to
time.
Appeals, how ai- Appeals shall be allowed -from the decision, in all cases
arising under this act, or any ordinance in pursuance
thereof, to the circuit court of St. Clair county, in the same
manner, and with like effect, as appeals arc taken from and
granted by justices of the peace to the circuit court, under
the laws of the state.
0for'"eance9 in All ordinances and resolutions now in force in the town
of East St. Louis, and which may yet be passed by the town
council to the time of the organization of the corporation
hereby created, and not inconsistent with this act, shall re-
main in full force, and apply to the city of East St. Louis,
until repealed by due course of law.
Actions begun. All actions, fines, penalties and forfeitures, which have
accrued to the town of East St. Louis, shall be vested in
and prosecuted by the corporation hereby created.
property vested. All property, of whatever kind or nature, heretofore be-
longing to the town of East St. Louis, for the use of its
inhabitants, shall be and the same is hereby declared to be
vested in the corporation hereby created.
vested rights. This charter shall nut invalidate any legal act clone by the
corporate authorities of the town of East St. Louis, nor di-
vest them of any right which may have accrued to them
prior to the passage of this act
CITIES. 361
This act shall be a public act, may be read in evidence in
all courts of law and equity in this state, without further
proof, and shall be in force from and alter its passage.
Approved February 16, 1865.
AN ACT to empower the city of Elgin to subscribe stock to the Elgin In force Feb. 16,
Academy. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the city
of Elgin, by its mayor, or in such manner as the city conn- city take stock.
cil may direct, have power and lawful authority to subscribe
to, and pay for the same at the rate of fifty dollars per
share, eighty shares of the stock of the Elgin academy.
§ 2. For the purpose of carrying into effect the forego- special tax.
ing section, the city council of the city of Elgin are hereby
empowered to assess, levy and collect, in such manner as
they may deem advisable, on all the assessable property of
the city, a special tax, to any amount not exceeding four
thousand dollars, and annual interest at eight per cent, per
annum, from the time of subscribing the stock until collected
and paid.
§ 3. The city council may, in its discretion, borrow Borrow money,
money for one, two or three years, at a rate of interest not
exceeding eight per cent, per annum, or may issue city or-
ders, bearing interest at not over eight per cent, per annum,
payable in one, two and three years, for a sufficient amount
to pay for said stock.
§ i. At any and all elections of trustees held by the vote of city,
stockholders of said Elgin academy, pursuant to chartered
rights, the city, by its mayor, or in such manner as the
council may direct, may cast its vote in proportion to the
stock owned by the city, in the same manner as other stock-
holders.
§ 5. The money subscribed and paid by the city shall Money, howpaid
be used by the president and. trustees of the Elgin academy
exclusively to liquidate the indebtedness now existing
against said academy, and for no other purpose.
§ 6. This act is to take effect from and after its passage,
Approved February 16, 1865.
—30
362
CITIES.
In force Feb. 16, AN ACT to amend an act entitled "An act to amend an act entitled an act
6o" to change the name of Emporium City, in Pulaski count}', to that of
Mound City, and to incorporate the same," approved February 24, 1859.
Pauper tax.
Proviso.
Powers of
council.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all prop-
erty, both real and personal, within the corporate limits of
Mound City, as they now exist or may hereafter be exten-
ded, shall be exempt from taxation for pauper purposes:
Provided, the city council of said city shall, by ordinance,
make provision for the support and maintenance of all
paupers who may have been actual residents of said city
for the space of one month, immediately preceding their ap-
plication for the benefits of said ordinance,
city § 2. That the city council of said city shail have the
power and authority to locate and fix the width, height and
dimensions of a grade or levee around the whole, or any
part of said city, upon any of the streets or public grounds
of said city, and to construct the same with sewers, gates,
and drains therein, and protect the whole, or any part
thereof, with gravel or otherwise, and in addition to the au-
thority already given, to levy and collect in the same man-
ner as is now provided by the charter of said city, a yearly
Annual tax. tax 0f three per centum upon the assessed value of all
property, both real and personal, within the line of said
grade or levee; and shall, also, have the authority to apply
the money so raised, or so much thereof as may be neces-
sary toward the payment of the interest upon any bonds
which may be issued by said city as hereinafter provided
for, and to apply the residue to the direct payment for said
grade or levee, the payment of the principal of such bonds,
or to create a sinking fund for the ultimate payment there-
of.
Borrow money. § 3. That the city council of said city shall have the
power and authority to borrow money upon the faith and
credit of said city, in a sum not to exceed seventy-five
thousand dollars, at any rate of interest not exceeding ten
per cent, per annum, and to issue the bonds of said city,
under the hand of the mayor, countersigned by the clerk,
and impressed with the corporate seal of said city, with in-
May issue bonds, terest coupons attached, the interest payable, either annual-
ly or semi-annually, at such place as they may designate ;
and the principal of said bonds to be payable at any time
within thirty years after their date. The city council of
said city shall, by ordinance, fix the denomination of said
bonds, the amount to be issued, the rate of interest, when
and where the same, as well as the principal, is payable :
proviso. Provided, the city council shall not appropriate the money
realized from the sale of said bonds, for any other purpose
than the construction of a grade or levee, as provided in the
second section of this act, and the construction of gates, drains
cities. 363
and sewers therein, and to protect the whole or any part
thereof with gravel, or otherwise.
§ 4. The city council of said city shall have the power Additional tax.
and authority to levy and collect, in the same manner as is
now provided for the collection of the revenue of said city,
an additional yearly tax, not to exceed two and one-half
per cent, upon the assessed value ot all real and personal
property within said city, and the money realized therefrom
shall constitute the general fund of said city.
§ 5. That the assessor of said city shall, in every in- Btf ^JSg"*11'
stance, require each and every person or firm, or their legal
representatives, to return a sworn statement of the amount
and value of all personal property, moneys and credits
owned by such person or firm, liable to taxation, and shall
require the president, secretary, or [other] authorized agent
of any incorporated company, owning personal property
within said city, to make a similar sworn statement, and the
city council of said city shall prescribe by ordinance, a pen-
alty for a refusal to comply with the requirements of this
section.
§ 6. This act to be in force from and after its passage.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to incorporate the city of Free- In fori|Jjeb' 16'
port," approved February 14, 1855.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the city
council of the city of Freeport shall have power, upon the Property, when
return of the assessment roll by the city assessor, to add to t^assessnfent?
the said roll, any property, real or personal, within said city
(subject to taxation) which may be omitted by the assessor
at any time hereafter, and for the purpose of equalizing the
same, they shall have power to alter, add to, take from, and
otherwise correct and revise the same, or to refer the said
roll back to the assessor, with instructions to revise, alter or
otherwise correct the same.
§ 2. The city council shall have power to restrain and Maliciousness,
punish by fine, any person or persons who shall willfully and
maliciously, in any way, cut, deface, damage, or mark, by
writing or otherwise, any fence or wall, inclosing either
public or private property, or shall willfully and malicious-
ly cut, mark, deface, or in any way injure the out or inside
wall of any building, either public or private, in said city,
or shall willfully [and] maliciously cut, mark, damage, or mar
in any way, any pew, seat, desk, table, chair, or any of the
furniture or fixtures in. or belonging to any building,
364 cities.
house or place, either public or private, in said city : Pro-
vided, that such person or persons as aforesaid, shall not
have a legal right to do the same.
vagrants. § &' r-^ie C'^J council shall have power to restrain and
punish by tine, vagrants, mendicants, and persons able to
work and not having wherewith to maintain themselves,
who shall be found loitering about public places, where
liquors are sold, leading an idle, immoral or profligate
course of life, or any person who shall frequent gambling
houses or rooms, or other disreputable or suspicious places
in said city.
License of ped- g 4 The city council shall have power to license, tax and
regulate any person or persons, who shall peddle, sell, or
offer, or contract to sell at retail, by sample, any book,
goods, wares or merchandise of any kind, in said city.
Mayor's term of § 5. The may or of the city of Freeport shall hereafter,
when elected and qualified, hold his office for the term of
two years, and until his successor shall be dected and
qualified.
§ 6. Any thing in the act to which this is an amendment,
in conflict herewith, be, and the same is hereby repealed.
conflicting acts a 7 This act shall be deemed a public act, and shall
repealed. <->. ' '
be in force irom and alter its passage.
Approved February 1G, 1865.
In force Feb. 16, AN ACT authorizing the city of Fulton to levy a tax to pay certain indebt-
1865- edness.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
special tax. common council of the city of Fulton, are hereby authorized
and empowered, to levy a special tax, each year, for a
period not exceeding five consecutive years, the amount
levied each year not to exceed one dollar on each hundred
dollars, of all the real and personal property in said city,
and all taxes collected by virtue of this act, shall be applied
to the payment of certain bonds given by the said city of
Fulton to Phelps and Kingman, Doremus and Nixon, and
others, in payment for the building and grounds now occu-
pied by the " Western Union College and Military
Academy."
Tax, how levied. § 2. Said tax shall be levied and collected in the same
manner as state and county taxes, and, when collected, shall
be paid over to the treasurer of said city of Fulton, and
shall be applied by him in payment of the said bonds, as
they mature, and for no other purpose whatever.
CITIES. 365
§ 3. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to reduce the law incorporating in force Feb. 6,
the city of Galena, and the several acts amendatory thereof, into one act, !'*»•
and to amend the same, and for other purposes," approved Januarv 30,
1857.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
act entitled "'An act to reduce the law incorporating the Acts amended,
city of Galena, and the several acts amendatory thereof,
into one act, and to amend the same, and for other purposes,
be further amended, and parts thereof repealed, as follows:
§ 2. That the first section of said act be amended by the Five wards,
addition of the following clause thereto, viz: And the said
city of Galena shall be divided into five (5) wards, the
boundaries whereof shall be the same heretofore established
by an ordinance of the city council of said city.
§ 3. That portion of the second section of said act, fol- Portion repealed
lowing and including the words, "Provided, and the city
council are hereby required to expend one-half the taxes,"
etc., is hereby repealed.
§ 4. The municipal government of said city shall here- city council and
after consist of a city council, composed ot the mayor and
one alderman for each ward. The other officers of the cor-
poration shall be a clerk, who shall be, ex officio, collector of
said city ; a treasurer, who shall be, ex officio, assessor of
said city ; a surveyor, who shall also be the street commis-
sioner of said city ; a harbor and lumber master ; a market
and weigh master ; a city marshal, who shall also perform
the duties of health officer ; a city sexton ; one city consta-
ble ; a board of school inspectors of said city, composed of
one from each ward ; and the city council may, if they think
proper, appoint an auditor, and fix the duties which he shall
perform.
§ 5. An election shall be held in each of the wards of Ward elections,
said city, on the first Tuesday in March, in each }'ear, at
such place as the city council may appoint, and of which six
days' previous notice shall be given by the city clerk, in the
corporation paper, or by written or printed notices in three
public places in each ward.
§ 6. At the annual election, a mayor shall be elected by Annual election.
the legal voters of s&id city, and the person having the
largest number of votes in the whole city for that office,
shall be declared elected. At the same time, the electors,
in their respective wards, shall vote for one alderman, and
366 cities.
the person receiving the largest number of votes cast in the
ward for alderman, shall be declared duly elected.
Appointments by § 7. Hereafter, the remaining officers of said corpora-
tion, as the same are above in this act named, shall be ap-
pointed by the city council, to hold their respective offices
for the term of one year, unless sooner removed by the
city council, said appointment or election to be made by
ballot, on the second Monday of March, in each year, or as
soon thereafter as practicable, and said officers shall con-
tinue in their offices during the pleasure of the city council.
The officers elected by the people, under this act, shall, re-
spectively, hold their offices for one year, and until the elec-
tion and qualification of their successors, respectively ; and
should there be a failure by the people to elect any officer
herein required to he elected, the city council may forthwith
order a new election, and the officers so elected, to fill va-
cancies, shall hold them for the unexpired term only, and
until the election and qualification of their successors.
vacancy, haw § 8. Whenever any vacancy shall happen by the death,
removal, resignation, or otherwise, of the mayor, or any
alderman, such vacancy shall be tilled by special election, and
the city council shall order such new election within ten days
after the happening of such vacancy. Any vacancy occur-
ring by the death, removal, resignation, or otherwise, of
any of the officers whose appointment, by the city council,
is authorized by this act, may be filled by appointment of
said council, which may hold a special election for that pur-
pose.
wardens. § 9. The members of the city council shall be, ex officio,
tire 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 thereof, during their term of office.
The mayor and aldermen shall receive no pay, emolument,
or salary, for their services to the city, in their respective
Payof officers, positions ; the'remaining officers of the corporation, (except
those whose fees are already fixed by law,) shall receive
such compensation or salary as the city council shall direct
by ordinance. Those officers of the corporation whose fees
are fixed by law, shall receive such fees, and no more.
sec. ic amended. g iq. Section sixteen of that portion of the act to which
this is an amendment, entitled "powers and duties of offi-
cers," is hereby amended so as to read, "the assessor," in-
stead of "assessors ;" and by striking out the last clause of
said section, commencing with the words, "on completing
their assessment rolls, etc."
"Corporation § H- The city council, at their annual meeting, on the
newspaper." second [Monday] of March, in each year, or within, not to
exceed, thirty days thereafter, shall receive bids from the
publishers of daily papers published in said city, for the
position of "corporation newspaper," in which shall be pub-
lished all the ordinances, proceedings and matter required
cities. 367
in any case by the charter or ordinances of said city, to be
published in a public newspaper, and said city council shall
then and there let the same to the lowest bidder : Provided,
if there should at any time be no daily paper published in
said city, then said bids may be received from the publishers
of weekly newspapers; the newspaper so selected to be for
the year then next ensuing, the "corporation newspaper."
§ 12. The city council shall levy and collect a tax of one Aanuaitax.
per cent, on the dollar, per annum, on all property subject
to taxation, which tax, when collected, shall be set apart for
the sole and exclusive purpose of paying the interest upon
the public debt of the city, while the same is in existence.
§ 13. There shall be no further issue of the bonds of said Bonds,
city, except in paj'ment, exchange, renewal, or liquidation
of bonds already issued and due, or which may hereafter
become due: Provided, however, that this shall not interfere Proviso,
with the power of said city to issue bonds in payment for
bounties to soldiers, which may have been heretofore
pledged but not delivered : And, also, provided, that an Proviso 2.
amount of oiie mill bonds, so-called, not exceeding the
amount of the general tax for any year, may be issued in
sums sufficient to meet the necessary expenditures of the
city tor salaries, improvements, repairs, etc., for such year.
§ ll. All taxes and assessments, general or special, shall Tax, how coi-
be collected by the collector in the same manner and with
the same power and authority as are given by law to col-
lectors of state and county taxes, and the collector shall pay
the same as fast as collected into the city treasury, in the
manner provided herein ; and his duty in regard to return-
ing warrants and settling with the city, and his liabilities in
case of default or misconduct, shall be the same as provided by
law, except so far as this act may modify'the same : Provided, Proviso.
however, that hereafter the collector shall keep on his books,
(which shall at all times be open to the examination of any
tax payer of said city,) an exact account of scrip or bonds,
and currency or par funds, which he receives from each tax
payer, and shall pay the same amount of scrip, bonds, cur-
rency, or par funds, into the city treasury, (less his fees, as
the same are fixed by law,) and take the treasurer's receipt
therefor, which receipt shall specify the kind and amount of
scrip, bonds, currency, and par funds received from such
collector ; and it shall be the duty of the treasurer to enter
the sums so received upon his books in the same order, to
the end that they may be compared and examined by any
tax payer, or by the auditor, if the city council shall think
proper to appoint such officer : And it is also provided, that
neither the collector, nor treasurer, or any one else for them,
shall substitute, exchange, or replace any par funds which
may be paid to them as such collector or treasurer, with
either scrip or bonds of any description, or in any other way
speculate upon or profit by such substitution or exchange of
When office to be
vacant-
SOS CITIES.
funds, which 'they, or either of them, may receive from taxes :
Proviso 2. And, also, provided, that if any collector or treasurer, or
either of them, shall intentionally disregard the foregoing
provisions, or any of them, he shall be at once deprived of
his said office by the city council, and shall be liable to a
line of not less than one hundred dollars, and not more than
one thousand dollars, to be sued for in the name of the city
of Galena, in an action of debt, before any court of compe-
tent jurisdiction in the county, one half of the said penalty
to be paid to the informer, and one half into the city trea-
sury.
clause repealed. § 15 i«he second clause of the fourth section of that por-
tion of the act to which this is an amendment, entitled, "City
Council, its general powers and duties," is hereby repealed,
and [in] lieu thereof it is hereby enacted, as follows :
'■''Second — To levy and collect taxes upon ail persons and
property made taxable by law for state purposes whenever
proviso. the interest of the city may require : Provided, however, that
the aggregate tax shall not exceed two and one-half per cent,
per annum."
§ 16. Any member of the city council who shall hold any
office, of which the emoluments are paid from the city trea-
sury, or paid by fees directed to be paid by any act or ordi-
nance of the city council, or be directly or indirectly inter-
ested in any contract, the expenses or consideration whereof
are to be paid under any ordinance ol the city council, shall,
upon conviction thereof, be deprived of his office as such
member of the city council ; and it shall be the duty of the
remaining members of the city council to expel such mem-
ber at once ; and, in addition thereto, such member, after
his expulsion, as above provided, shall be liable to a penalty
of not less than fifty dollars, nor more than five hundred
dollars, to be recovered in the name 'and for the benefit of
the city of Galena, in an action of debt, before any court
having competent jurisdiction in the county.
sec. 2 amended. § 17. Section two of that portion of the act to which this
is an amendment, entitled " Miscellaneous provisions," is
hereby amended by the substitution of the words, " one su-
pervisor is each ward," instead of the words, " two supervi-
sors in each ward," as therein stated.
sections repealed § is. The following sections or clauses of the act to which
this is an amendment, are hereby repealed, to-wit : Section
six of that portion of said act, entitled "Officers, their election
and appointments ;" sections, six, nine and eleven of that
portion of said act, entitled, " Powers and duties of officers ;"
section three of that portion of said act, entitled " Taxation ;"
section seven of that portion of said act, entitled "Collection
of taxes and assessments ;" the third clause of the fourth
section of that portion of said act. entitled "City Council,
its general powers and duties."
§ 19. All acts, or parts thereof, which conflict with the
cities. 369
provisions of this act, are also repeale" , but nothing in this
act shall be so construed as to deprive die city council of said repealed-
city of any power or authority conferred upon the same by
the act incorporating the city, and the various acts amend-
atory thereof, except so far as such powers and authority
have been expressly modified or repealed by this act, or the
acts heretofore mentioned.
§ 20. This act shall be deemed a public act, and take ef-
fect from and after its passage.
Appkoved February 6, 1865.
ATs ACT to enable the city and town of Galesburg to borrow money, and In force Feb. 16,
for other purposes. 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That for the
purpose of erecting new county buildings in Galesburg, to commissioners
procure real estate, by purchase or otherwise, as may be re- appointed-
quired for the use of the county, and to dispose of the pres-
ent county property, the board of supervisors shall appoint
three commissioners, who shall have power to make and
execute all the necessary contracts required and contem-
plated in this act.
§ 2. That the city and township of Galesburg, Knox Bonds,
county, shall have the power and are authorized to issue
bonds for the purpose of purchasing real estate and con-
structing county buildings thereon: Provided, that no Proviso,
bonds shall be drawn for a greater interest than ten per
cent, per annum, or shall be made to run for a term ex-
ceeding twenty-five years, and in addition to other taxes interna*.
levied and collected in said city and township, there shall
be levied and collected in the same manner, a sufficient tax
to pay the interest on all bonds issued by authority of this
section, and to provide for the payment of the principal of
the same at maturity.
§ 3. For any appropriations made by the board of county buildings
supervisors to pay the expenses of the removal of
the county seat from Knoxville to Galesburg, or to as-
sist in the construction of the county buildings, they shall
have the power, and are authorized to issue bonds in pay-
ment therefor : Provided, that no bonds shall be drawn proviso.
for a greater interest than ten per cent, per annum, or be
made to run for a term exceeding twenty-five years, and
the board of supervisors shall levy and collect taxes on all
property subject to taxation within the county, in the same
manner as other taxes are levied and collected, to an amount
sufficient to pay the interest and principal on all such issued
bonds at maturity.
—31
370 CITIES.
§ -1. This act to take effect from and after its passage.
Approved February 15, 1865.
AN ACT to incorporate the City of Geneseo.
ARTICLE I.
In force Aprill?,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of the town of Geneseo, in the county of Henry,
and state of Illinois, be and are hereby constituted a body
Name ana style, politic and corporate, by the name and style of "The City
of Geneseo ;" and by that name shall have perpetual suc-
cession, and have and use a common seal, which they may
change and alter at pleasure.
§ 2. The corporate limits and jurisdiction of the city of
Geneseo shall extend over and include within the same, all
corporate limits, that district of country situate in the county of Henry,
and state of Illinois, embraced within the present limits of
the town of Geneseo, to wTit : All those tracts of land em-
braced within sections twenty-one (21) in township seven-
teen (17) north, in range three (3) east of the fourth
principal meridian, and so much of section sixteen, in
said township, as is included in lots number fourteen, fif-
teen, sixteen, seventeen and eighteen, and the south halves
of lots number eleven, twelve and thirteen, and, also, so
much of lot number six in said section sixteen, and so
much of the east half of the south-east quarter of section sev-
enteen, in said township, as shall lie south of a direct line,
extending from east to west across the center of said lots
number eleven, twelve and thirteen, also the east half of
the east half of section twenty in said township.
§ 3. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead and
corporate pow- be impleaded, defend and be defended, in all courts of law
and equity, and in all actions whatsoever ; to purchase, re-
ceive and hold property, real and personal, in said city ;
to purchase, receive and hold property, both real and per-
sonal, beyond the city, for burial grounds, or for other pub-
lic purposes, for the use of the inhabitants of said city ; to
sell, lease, convey or dispose of property, real and personal,
for the benefit of the city, and to improve and protect such
property, and to do all other things in relation thereto, as
may be necessary.
wards. § 4. The president of the present board of trustees of
the town of Geneseo, Isaac N. Wilson, together with
Andrew Crawford and Joseph A. Sawyer, shall on the first
Monday of March, a. d. 1865, or within ten days thereafter,
divide the city of Geneseo into two wards, as nearly equal
in population as they may deem practicable, particularly
CITIES. 371
describing the boundaries of each ward, and cause two
written notices of such division and description to be posted
up in public places in each ward ten days before the first
day of April, 18G5, and also cause such division and de-
scription to be recorded in the present town book of ordi-
nances and by-laws of the said town of Geneseo.
§ 5. Whenever any tract of land adjoining the city of Additions.
Geneseo shall be laid off into town lots, the same shall be
recorded, as now required by law, and shall be annexed to
and form a part of said city of Geneseo.
ARTICLE II.
OF THE CITY COUNCIL.
§ 1. There shall be a city council, to consist of a mayor city council.
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
thereof for two years.
§ 3. No person shall be an alderman, unless at the time Qualifications of
of his election, he shall have resided at least six months
within the limits of the city, and shall be, at the time of
his election, twenty-one years of age, and a citizen of the
United States.
§ 4. If any alderman shall, after his election, remove office vacated by
from the ward from which he is elected, his office shall
thereby become vacated.
§ 5. At the first meetinc; of the city council, the alder- Djvlsi°n of ai-
men shall be divided, by lot, into two classes, the seats of
those of the first class shall be vacated at the expiration of
one year from their election, and of the second class at the
expiration of the second year after their election, so that
half of the board shall be elected annually.
§ 6. The city council shall judge of the qualifications, Elections.
elections and returns of their members, and shall determine
all contested elections.
§ 7. A majority of the city council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent mem-
bers under such penalties as may be prescribed by ordi-
nance.
§ 8. The city council shall have power to determine the R.ules of proceeci-
rule of its proceedings, punish its members for disorderly mgs'
conduct, and, with the concurrence of two-thirds of the
members elected, expel a member.
§ 9. The city council shall keep a full journal of their Journal of acts.
proceedings in a book or books provided for that purpose,
which said book or books shall at all times be open to the
public inspection.
§ 10. No alderman shall be appointed to any office Aldermen to hoi.i
under the authority of the city, which shall have been
372 cities.
created, or the emoluments of which shall have been in-
creased during the time for which he shall have been
elected.
vacancies. § 11. All vacancies that shall occur in the board of
aldermen, shall be rilled by the remaining members of the
said board of aldermen, by their appointment from the ward
wherein the vacancy occurred, and a record of the same
made in their said journal of proceedings.
Tie vote settled § 12. Whenever there shall be a tie in the election of
0 v 1 o t . ^
mayor or aldermen, the judges of election shall certify the
same to the city council, who shall determine the same
by lot.
Monthly meeting § 13. The city council shall meet for business On the
second Tuesday in each month, and at such other times
as may be necessary, upon the call of the mayor, or any
two members of the city council.
ARTICLE III.
OF THE MAYORALTY.
Chief officers. § 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year, and until his successor
shall be elected and qualified.
who may be the s 9. No person shall be eligible to the office of mayor
mayor. ^ * o, •/
who shall not have been a resident of the city 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, and a freeholder
within the city limits.
when office is § 3. If any m ay or shall, during the- time for which he
shall have been elected, remove from the city, his office
shall be vacated.
contest in eiec- 4. Whenever an election of mayor shall be contested,
tion for mayor. . . ,, , ,, , , , , •' . ,
the city council shall determine the samem such manner as
may be prescribed by ordinance.
^?aPcy' how § 5. Whenever any vacancy shall happen in the office
of mayor, it shall be filled by election.
casting vote of § G. The mayor shall preside at all meetings of the
mayoi council, and shall have a casting vote, and no other, and, in
case of his non-attendance upon any meeting of the coun-
cil, the board of aldermen shall appoint one of their num-
ber chairman, pro tern.
Duties of mayor. § 7. The mayor shall, at all times, be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the city; and it is hereby expressly made his duty
to inspect the conduct of all subordinate officers of said
city, and to give notice of their negligence, or violation of
duty, to the council, and at the regular meeting, to commu-
nicate in writing to the aldermen, such information, and
recommend all such measures as, in his opinion, may ' tend
cities. 373
to the improvement of the finances, the police, the health,
security, comfort and ornament of the city ; and the city
council shall have full power to enact all ordinances neces-
sary to carry out such recommendation.
§ 8. The mayor shall receive for his services, such sala- salary of mayor.
ry as shall be fixed by the said city council, in no case, how-
ever, to exceed the sum of three hundred dollars per year,
and shall be so fixed and paid during the last month of the
year that said mayor shall so hold his office, and in case of his
neglect or omission of duty, he shall be removed by the May be removed
board of aldermen, who may hold a special meeting, ap-
pointing one of their number chairman, having notified
said mayor of such meeting, and try and remove him for
such neglect or omission. And in case of his said removal,
no salary shall be granted or paid him by said city council;
but it shall, in all cases, require a full vote of the aldermen
to remove said mayor.
ARTICLE IV.
OF ELECTIONS.
§ 1. On the first Monday of April next, an election Annual election.
shall be held in each ward of said city, for one mayor for
said city, and two aldermen for each ward ; and forever
thereafter, on the first Monday in April of each year, there
shall be an election held in each ward of said city, for one
mayor of the city, and one alderman of each ward. The
present board of trustees of the town of Geneseo shall
make the necessary arrangements for said first election, and
fix the place in each ward as before determined by them,
for said election ; and one or more of their present number,
together with one of the magistrates or justices of the
peace of said present town of Geneseo, shall preside at and
hold such election in each of said wards, the said trustee or
trustees acting as clerk or clerks of said election, and said
magistrate or justice, as judge thereof ; and the election re-
turns from each ward shall be returned to said board of
trustees, or a majority of them, who shall determine the
same, and make record thereof in the present book of re-
cords of said town of Geneseo, and for all elections to be
held after said first election, the city council shall, on their
regular meeting in February of each year, or as soon there-
after as convenient, appoint one iudo;e and one clerk of Ju<]?e a?d elerk
' i a »i n of election.
election for each ward for the then coining election, and make
record of the same in their journal of proceedings, and in
case any, or either of said judges or clerks of election shall
fail to attend, the mayor, on the mornings of said elections,
may supply their places by appointment. The pay of said pay of judge and
judges and clerks of election to be paid out of the city treas- clerk-
ury, the sum fixed and ordered by the said city council.
$74
CITIES.
Poii boots. § 2. The judges of any city election, within five days
after such election, shall deliver the poll books to the may-
or, who shall immediately call a meeting of the council,
who shall examine the poll books, and enter the result of
the election on their journal ; and if the persons elected do
not take the oath of office within ten days after said election,
required by this act their office shall be declared vacant,
and a new election ordered.
Qualified voters. g 3. ^_\\ maie inhabitants over the age of twenty-one
years, who are entitled to vote for state officers, and who
shall have been actual residents of said city sixty days next
preceding any city or ward election, shall be entitled to vote
Proviso for city officers : Provided, that said voters shall give their
votes in all city or ward elections in the wards in which
they respectively reside, and in no other, and that no vote
shall be received at any of said elections unless the person
offering such vote shall have been an actual resident of the
ward when the same is offered, at least ten days next prece-
ding such election.
ARTICLE Y.
OF APPOINTMENTS.
officers appoint- g 1# Tjie city council of the city of Geneseo shall have
the power to appoint a city marshal, who shall be, ex officio,
collector, a city clerk, a city attorney, a city assessor, a city
treasurei', and a city street commissioner, and such other
city officers as they may deem expedient, and they may
give one or more of said offices to any one person as they
may see proper, and regulate their salaries and fix the same,
as they may think best, and in accordance with the services
performed by the said officers ; and the city council may re-
move any of said officers at their pleasure, either for mis-
conduct or for any other cause.
ARTICLE VI.
OF POWERS AND DUTIES OF CITY OFFICERS, ETC.
Oath of officers.
§ 1. The mayor and each alderman, before entering
upon the duties of their office, shall take and subscribe
an oath, that they will support the constitution of the United
States, and of this state, and that they will well and truly per-
form the duties of their office to the best of their skill and
abilities.
§ 2. All ordinances and resolutions shall, before they
take effect, 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 approve, he shall return to the city council,
veto of mayoT. with his objections thereto. Upon the return of any ordi-
nance or resolution by the mayor, the vote by which the
same was passed shall be reconsidered, and, if after such
Ordinances and
resolutions.
CITIES.
375
reconsideration, a majority of all the members of the city
council shall agree by the "ayes and noes," which shall be en-
tered upon the journals, to pass the same, it shall go into ef-
fect; and if the mayor shall neglect to approve, or object to
any such proceedings for a longer period than three days
after the same shall be placed in the clerk's office as afore-
said, the same shall go into effect. He shall, ex-officio, have
power to administer any oath required to be taken by this
act, or any law of the state, to take depositions, acknowl-
edgments of deeds, mortgages, and all other instruments of
writing, and certify the same under the seal of the city,
which shall be good and valid in law.
§ 3. In case of vacancy in the office of mayor, or of his vacancy,
being unable to perform the duties of his office by reason of
temporary or continued absence, or sickness, the city coun-
cil shall appoint one of its members, by ballot, to preside
over their meetings, whose official designation shall be
"acting mayor;" and the alderman so appointed shall be Actins mayor.
vested with all the powers, and perform all the duties of
mayor, until the mayor shall assume his office, or the va-
cancy shall be filled by a new election.
§ 4. The clerk shall hold his office for one year. He Termofcierk.
shall keep the corporate seal, and all papers and books be-
longing to the city. He shall attend all meetings of the Duties.
city council, and keep a full record of their proceedings on
the journals, and copies of all papers duly filed in his office,
and transcripts from the journals of the proceedings of the
city council, certified by him under the corporate seal of the
city, shall be evidence in all courts in like manner as if the
originals were produced ; he shall likewise draw all war-
rants on the treasury, and countersign the same, and keep
an accurate account thereof in a book provided for that pur-
pose, and he shall have power to administer any oath re-
quired to be taken by this act.
§ 5. It shall be the duty of the city attorney to perform Duty of attorney
all professional duties incident to his office, and, when re-
quired, to furnish written opinions upon questions and sub-
jects submitted to him by the mayor or the city council, or
its committees.
§ 6. The city treasurer shall receive all moneys belong- Duty of treasurer
ing to the city, and shall keep an accurate account of all re-
ceipts and expenditures, in such manner as the city council
shall direct. All moneys shall be drawn from the treasury,
in pursuance of an order of the city council, by treasury war-
rant signed by the mayor or the presiding officer of the city
council, countersigned by the clerk; suc-h warrant shall specify
for what purpose the amount therein named is to be paid.
The treasurer shall exhibit to the city council, at least twenty
days before the annual election of each year, and oftener if re-
quired, a full and detailed account of all receipts and ex-
penditures since the date of the last annual report, and also
376 cities.
the state of the treasury, which account shall be filed in the
office of the clerk.
Duty of marshal. § 7. The city marshal shall perform such duties as sh all
be prescribed by the city council for the preservation of the
public peace, the collection of license moneys, fines or oth-
erwise; he shall possess the powers and authority of a con-
stable at common law, and under the statutes of this state,
and receive like fees ; but shall not serve civil process with-
out first entering into bond as such constable, to be approved
by the supervisor of the town, as in other cases. lie shall
execute and return all process issued by any proper officer
under this act, or any ordinance in pursuance thereof. He
shall, also, as city collector, collect all taxes and assessments
which may be levied by the city council, and moneys be-
longing to the city, and keep an accurate account of the
same, and receive such per centage for so collecting as the
said council may direct, and shall, at any time, pay over into
the city treasury, all said moneys upon order so to do by
said council.
Iwmmissioiieret § 8. The street commissioner: shall superintend all local
improvements in the city and carry into effect all orders of
the city council in relation thereto ; it shall be his duty to
superintend and supervise the opening of streets and alleys,
and the grading, improving and opening thereof, and the
construction and repairing of bridges, culverts and sewers ;
to order the laying, re-laying and repairing of side-walks ;
to give notice to tlie owners of property adjoining such side-
walks, when required, and upon the failure of any person
to comply with such notice to cause the same to be laid,
re-laid or repaired and apportion the cost thereof among the
persons or lots, properly chargeable therewith, and deliver
the account thereof to the city clerk, to be laid before the
city council ; to make plans and estimates of any work
ordered in relation to streets and alleys, culverts or sewers ;
to keep full and accurate accounts in appropriate books of
all appropriations made for work pertaining to his office,
and all disbursements thereof, specifying to whom made,
and on what account, and he shall render monthly accounts
thereof to the city council.
other duties. § 9# ^he city council shall have power, from time to
time, to require further and other duties of all officers whose
duties are herein prescribed, and prescribe the powers and
duties of all officers elected or appointed to any office under
this act, whose duties are not herein specified ; they may
also require all officers severally, before they enter upon the
duties of their respective offices, to execute a bond to the
city of Geneseo in such sum and with such securities as they
may approve, conditioned that they shall faithfully execute
the duties of their respective offices, and account for and
pay over and deliver all moneys and other property received
by them, which bond, with the approval of the city council
cities. 377
certified thereon by the clerk, shall be filed in his office for
the benefit of any person aggrieved by the official act of the
officer.
§ 10. If any person having been an officer of said city Failure to hand
shall not, within ten days after . notification and request,
deliver to his successor in office all property, books, papers,
and effects of every description in his possession, belonging
to said city, or appertaining to his said office, he shall forfeit
and pay for the use of the city, a sum not exceeding fifty
dollars, besides all damages and costs caused by his refusal
or neglect so to deliver; and such successor may recover pos-
session of the books and papers and effects belonging to his
office, in the same manner as prescribed by the laws of this
state.
§ 11. All officers elected or appointed under this act, °f™v* comiuis-
shall be commissioned by warrant, under the corporate seal,
signed by the mayor or presiding city council and clerk.
ARTICLE VII.
OP THE LEGISLATITE POWER OF THE CITY COUNCIL.
§ 1. The city council shall have control of the finances pc°.^ers of coun'
and of all property, real, personal and mixed, belonging to
the corporation, and shall likewise have power within the
jurisdiction of the city b}^ ordinance.
§ 2. To borrow money on the credit of the city, and Borrow money,
issue the bonds of the city therefor; but no sum of money
shall be borrowed at a higher rate of interest than the rate
allowed by law, nor shall a greater sum or sums be borrowed
or at any time outstanding, that the aggregate of which shall
exceed the sum of twenty-five hundred dollars, and no bonds city bonds.
of the city shall be issued or negotiated at less than par
value; but the city council may apply any surplus money in
the treasury to the extinguishment of the city debt, or to
the contingent fund, for the contingent expenses of the city.
§ 3. To appropriate money for improvements or appro- improvements.
priate the same to provide for the payment of the debts and
expenses of the city.
§ 4. To make regulations to prevent the introduction of Diseases,
contagious diseases into the city ; to make quarantine laws
for that purpose, and enforce the same within five miles of
the city.
§ 5. To establish hospitals and make regulations for the Hospitals,
government of the same.
§ 6. To make regulations to secure the general health General health.
of the inhabitants ; to declare what shall be a nuisance and
to prevent and remove the same.
§ 7. To provide the city with water, to erect hydrants pt^mPs and wa-
and pumps, build cisterns and dig wells in the streets for
the supply of engines and buckets.
378
CITIES.
Streets and al-
leys.
Bridges.
Wards.
Lighting city.
Watchmen.
Markets.
Buildings.
Public grounds.
License and tax.
Carriages.
Porters.
Shows.
))oggerie3.
Fires.
Chimneys.
Powder.
Parapet walls.
Weights and
measures.
Lumber.
Hay, coal, wood.
§ S. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and keep in repair streets,
avenues, lanes and alleys, sidewalks, drains and sewers.
§ 9. To establish, erect and keep in repair bridges.
§ 10. To divide the city into wards, alter the boundaries
thereof, and erect additional wards as the occasion may
require.
§ 11. To provide for lighting the streets and erecting
lamp posts.
§ 12. To establish, support and regulate night watches.
§ 13. To erect market houses, to establish markets and.
market places, and to provide for the government thereof.
§ 11. To provide for all needful buildings for the use of
the city.
§ 15. To provide for inclosing, improving aud regulating
all public grounds belonging to the city.
§ 10. To license, tax and regulate auctioneers, merchants,
peddlers, retailers, grocers, taverns, ordinaries, hawkers,
brokers, pawn-brokers and money changers.
§ 17. To license, tax and regulate hacks, carriages, wag-
ons, carts and drays, and fix the rates to be charged for the
carriage of persons, and for the wagonage, cartage and dray-
age of property.
§ 18. To license and regulate porters and the rates of
porterage.
§ 19. To license, tax and regulate all theatrical and other
exhibitions, shows and amusements.
§ 20. To restrain, prohibit and suppress tippling houses,
dram shops, gambling houses and bawdy houses, and other
disorderly houses.
§ 21. To provide for the prevention and extinguishment
of fires ; to organize and establish fire companies.
§ 22. To regulate the fixing of chimneys, and to fix the
flues thereof.
§ 23. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 21. To regulate and order parapet walls and partition
fences, and to restrain cattle, hogs, sheep and dogs from
running at large.
§ 25. To establish standard weights and measures to be
used in the city in all cases not otherwise provided for by
law, and to order all laws upon the subject to be enforced,
and to fix and enforce payments of fines for non-compliance
with any such order.
§ 26. To provide for the inspection and measuring of
lumber and other building materials, and for the measuring
of all kinds of mechanical works.
§ 27. To provide for the inspection and weighing of hay
and stone coal, the measurement of charcoal, fire wood and
other fuel to be used within said city.
cities. 379
§ 28. To provide for and regulate the inspection of Beef, tobacco,
tobacco and of beef, pork, flour, meal, and whisky in barrels.
§ 29. To provide for and regulate the inspection of but- Butter, lard,
ter, lard and other provisions.
§ 30. To regulate the weight and quality of bread to be Bread,
sold and used in the city.
§ 31. To regulate the size of bricks to be sold and used Bricks,
in the city.
§ 32. To provide for taking enumeration of the inhabi- census,
tants of the city.
§ 33. To regulate the police of the city, to impose fines, Police,
forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such tines
and forfeitures and the enforcement of such penalties.
§ 3i. The city council shall have exclusive power, within Billiard tables.
the city by ordinance, to license, regulate and restrain the
keeping of billiards and billiard tables.
§ 35. The city council, by ordinance, shall have exclu- sPirits-
sive power to license, prohibit, or regulate in any manner
they see fit, the selling, bartering or trafficking of any wine,
rum, gin, brandy, whisky, malt liquor, strong beer, ale, por-
ter, mixed liquor, or any intoxicating liquors whatsoever.
§ 36. To regulate the running at large of dogs, and Dog3'
authorize the destruction of the same if at large contrary to
ordinance.
§ 37. To prevent horse racing, or immoderate riding or Horse racing
driving of horses or other animals, and to prohibit the abuse
of animals, and to compel persons to fasten their horses or
other animals attached to vehicles, whenever standing in the
streets of said city.
§ 38. To regulate, restrain or prohibit the running at stock at larse-
large of horses, cattle, asses, mules, swine, sheep, goats and
geese, and to authorize the distraining, impounding and
sale of the same, for the costs of the proceedings and the
penalty incurred, and to impose penalties on the owners
thereof for a violation of any ordinance in relation thereto.
§ 39. To authorize and direct the taking up and provi- Poor children.
ding for the safe keeping and education, for such periods of
time as may be deemed expedient, of all children who are
destitute of proper parental care.
§ 10. To direct the location and regulate the manage- Breweries.
ment and construction of breweries, tanneries, blacksmith
shops, founderies, livery stables, and packing houses ; to
direct the location and regulate the management and con-
struction of, and restrain, abate, and prohibit, within the
city, and to the distance of one mile from the limits thereof,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal, and such other
substances as may be rendered, and all other establishments
or places where any nauseous, offensive, or unwholesome
business may be carried on.
3S0
CITIES.
Railroads.
§ 4:1. To require railroad companies to keep in repair
the streets through which their track may run, and to con-
struct and keep in repair suitable crossings at the intersec-
tions of streets and alleys, and sewers, and ditches, and cul-
verts, when the city council shall deem necessary ; to direct
and prohibit the use and regulate the speed of locomotive
engines within the inhabited portions of the city.
ARTICLE VIII.
OF ASSESSMENTS, TAXATION, ETC.
Assessment roll.
Annual tax. § 1. All real estate and personal property within the
limits of the city of Geneseo, Henry county, Illinois, shall be
subject to taxation ; and taxes may be levied and collected
upon the same, for the use and benefit of said city. The
city council shall have power to levy and collect taxes, an-
nually, for the general purposes of the city, upon all taxable
real and personal property, within the city limits, in any
sum they may deem expedient, but never to exceed one per
cent, upon the assessed value thereof, without first having
been submitted to a vote of the taxable citizens of the city,
and approved by three-fifths of the voters therein, and, in
such case, never to exceed two per cent, in any one year.
r>uty of assessor. § 2. The assessor shall assess all the real estate and per-
sonal property in said city, so far as practicable ; he shall as-
certain the names of all owners of taxable property, and the
amount of all taxable real estate and personal property, and
for this purpose, he shall call upon each taxable inhabitant
of said city.
§ 3. The assessor shall prepare an assessment roll, with
a caption in substance as follows : "An assessment roll of
all the real estate and personal property within the limits
of the city of Geneseo, Henry county, Illinois, made by the
assessor of said city, for the year IS — ;" and shall set down,
in separate columns; according to the best information in his
possession :
First. The names of all owners, if known, of all taxable
real estate within the limits of said city. If the owner is
unknown, it shall be so stated.
Second. The description of all real estate opposite the
name ot the owner, or word " unknown," when the name
of the owner cannot be ascertained.
Third. The value of the real estate opposite the description.
Fourth. The amount of tax assessed opposite to the value.
The said assessment roll shall, also, contain, in parallel
columns :
First. The names of the owners of personal property sub-
ject to taxation, in alphabetical order.
Second. The assessed value of the personal property
taxed to each individual.
Third. The amount of tax on each individual's personal
property.
Name of owners.
Description.
Value.
Ta\
Value of per-
sonal property.
Tax.
CITIES. 3S1
§ 4. After the provisions of sections two and three of collection of tax
this article shall have been complied with, the same pro-
ceeding shall be had and observed in relation to such as-
sessment and the collecting thereof, as are prescribed and
set forth in the fourth, fifth, sixth, seventh, eighth and
ninth sections of article nine, (9,) of "An act to charter the
city of Ottawa," approved February 10, 1853 ; which sec-
tions, of said article, are hereby incorporated into and made
a part of this charter, as fully as if herein set forth at
length.
§ 5. "Within twenty days after the return of said list, sf* t°afsp™perty
provided for in said section, the clerk shall cause the same
to be published in a newspaper printed in said city, together
with a notice in substance as follows : " It appearing from
the return of the collector, that the taxes on the above des-
cribed parcels of real estate remain unpaid, notice is hereby
given that the said real estate will be exposed, in separate
parcels, at public auction, on the day of , 18 — ,
at ten o'clock in the forenoon, at the , in Geneseo,
and sold for the purpose of making said taxes, and fifty
cents for cost of selling each lot or parcel, in case of sale."
Said day of sale shall be at least thirty days after the publi-
cation of said notice.
§ 6. The provisions of sections eleven, twelve, thirteen, sections appiica-
fourteen, fifteen and sixteen, of said article nine, (9,) of said
act, entitled "An act to charter the city of Ottawa," ap-
proved February 10, 1853, and all the proceedings therein
set forth shall be pursued and observed in the sale of lands
for taxes in said city of Geneseo ; and the said sections, ex-
cepting that in section fourteen the word " Ottawa " shall
be changed to the word " Geneseo," of said article nine, (9,)
are hereby incorporated into and made a part of this char-
ter, as fully as if herein set forth at length.
§ 7. Power is hereby also given the city council of said s^fs assess-
city to provide, by ordinance, that all taxes levied, assessed
and collected, under and by virtue of the provisions of this
act, shall be assessed and collected by the same assessor and
collector whose duty it shall be, by general law, to assess
and collect the state and county tax for township seventeen
north, of range three east of the fourth principal meridian,
in said Henry county. If said city council shall wish to
have said city taxes so assessed and collected, it shall be their
duty to inform the clerk of the county court, on or before
the first day of September, of each year, of the rate per
cent, of the taxation levied by them for city purposes,
for said year, and also for all special assessments, for
any purpose in said city, and assessments for the purpose of
laying out any public grounds, streets, alleys, lanes, or high-
ways, and altering, widening, contracting, repairing, or the
discontinuing the same, either or all, as the said city council
may direct ; and it shall thereupon be the duty of said county
382
CITIES.
Fee of clerk.
clerk to carry out each and extend said tax upon the books
of the collector, in the same manner that he is now required
by law to carry out and extend the district school tax against
the name of each tax payer, whether resident or non-resi-
dent, owning property in said city ; and said city tax shall be
collected, in every respect, and the collection thereof en-
forced in like manner and with like remedies as the state
and county tax, and shall be paid over by the collector to
the treasurer of said city, at the same time that the county
revenue is required to be paid over to the county. Any
court which shall render judgment in said Henry county
against lands and lots in said city, for non-payment of taxes
due the state and county, shall, at the same time, include in
the same judgment any and all taxes which may be due said
city in any such property. For his services, in carrying out,
adding and extending said tax in the books of the collector,
said county clerk shall receive one-half cent for each lot or
tract, and one-half cent on each person's name assessed for
personal property, to be paid out of said city tax, when col-
lected. The collector shall receive the same compensation
which may be allowed by law for the collection of school
taxes, and shall be liable, on his official bond, for the pay-
ment of all such city taxes by him collected. The fees of
the collector to be paid out of the taxes, when collected.
ARTICLE IX.
OP ASSESSMENTS FOR OPENING STREETS AND ALLEYS.
Public grounds. § 1. The city council shall have power, upon the petition
ofonehalfof the owners of the property fronting thereon
and lying within forty rods thereof, and without such pe-
tition, by the unanimous vote of the city council, to open
and lay out public grounds or squares, streets, alleys and
highways, or sections thereof, and to alter, widen, construct,
straighten and discontinue the same ; but no street, alley or
highway, or any part thereof, shall be discontinued or con-
tracted, without the consent, in writing, of all persons own-
ing land or lots adjoining such street, alley, or highway,
streets and ai- unless by a unanimous vote of the city council. The city
ted3 ami 'record- council shall cause all streets, alleys and highways, or public
squares or grounds, laid out by them, to be surveyed, des-
cribed and recorded in a book, to be kept by the clerk,
showing accurately and particularly the proposed improve-
ments, and the real estate required to be taken ; and the
same, when opened and made, shall be highways and pub-
lic highways and public squares.
§ 2. Whenever any street, alley or highway, public ground
or square is proposed to be laid out, opened, altered, widened
or straightened, by virtue hereof, and the amount of com-
pensation cannot be agreed upon, the city council shall give
notice of their intention to appropriate and take the land
Street?, squares
how laid out.
cities. 383
necessary for the same, to the owner thereof, by publishing
said notice, by two insertions in a weekly paper, or six in-
sertions in a daily paper, in the newspaper publishing the
ordinances of the city ; at the expiration of which time they
shall appoint three disinterested 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 same time, determine what persons will be benefit-
ted by such improvements, and assess the damages and ex-
penses thereof on the real estate in the neighborhood of the
improvement benefitted thereby, in proportion, as nearly as
may be, to the benefits resulting to each. A majority of the
councilmen authorized bylaw to be elected, shall be necessary
to a choice of commissioners. The commissioners shall be
sworn faithfully and impartially to execute their duties, to the
best of their abilities, before entering upon their duties. They
shall give at least five days' personal notice of the time and
place of their meeting, for the purposes of viewing the premi-
ses and making their assessments ; which notice shall be
given only to the owners who are residents thereof, and
known. They shall view the premises, and, in their dis-
cretion, receive any legal evidence, and may, if necessary
adjourn from day to day.
§ 3. If there should be any buildings standing, in whole Benefitanddam-
or in part, upon the land to be taken, the commissioners, ase'
before proceeding to make their assessments, shall first esti-
mate and determine the whole value of such building to
the owner, aside from the value of the land, and the actual
injury to him in having such building taken from him, and,
secondly, the value of such building to him to remove.
§ 4. At least five days' notice shall be given to the Notice to own-
owner of such determination, when known, and a resident
of the city, which may be given personally, or in writing,
left at his usual place of abode. If a non-resident, or un-
known, like notice to all persons interested shall be given,
by one publication in the newspaper publishing the ordi-
nances of the city. Such notice shall specify the buildings
and the award of the commissioners. It shall, also, require
the persons interested to appear, by a day to be named
therein, not exceeding thirty days, or give notice of their
election to the city council, either to accept the award of the
commissioners, and allow such building to be taken, with
the land condemned or appropriated, or of their intention
to receive such building, he shall have such reasonable time
for that purpose as the city council may direct.
§ 5. If the owner refuses to take the building at its szieofhouses,
appraised value, to remove or fail to give notice of his in-
tention, as aforesaid, within the time prescribed, the city
council shall have power to direct the sale of such building,
at public auction, for cash or on a credit, giving five days'
IS±
CITIES.
Duty of commis-
sioners.
Notice of actton
of council.
Commissioners
may be remo-
ved.
Damages award-
ed.
Appeals
awards.
from
public notice of the sale. The proceeds of the sale shall be
paid to the owner or deposited to his use.
§ 6. In making their assessment the said commissioners
shall ascertain the value of the land taken, and all expenses
of the improvement and damage occasioned thereby, and
then assess upon the property in the neighborhood bene-
fitted, in fair proportions, a sum sufficient to cover the whole
amount thereof, which shall be paid by the owners respect-
ively, and be a lien upon the property on which it may be
assessed, and collected as other taxes are collected, by sale
of the land, or otherwise. The value of the land taken
from any owner shall be a credit to him on the assessment
against him for his share of the improvement, and, if more,
the difference shall be paid him in money before the land is
taken. Said commissioners shall particularly describe the
lands and parcels on which either assessment may be made,
and make a return of their proceedings and assessments to
the city council within ten clays after its completion.
§ 7. The clerk shall give ten days' notice, by one pub-
lication in the newspaper publishing the ordinances of the
city, that such assessment has been returned, and, on the
day to be specified therein, will be acted upon by the city
council, unless objections are made to the same by some
person interested. Objections may be heard before the city
council, and the hearing may be adjourned from day to day.
The council shall have power, in their discretion, to alter,
confirm or annul the assessment. If annulled, all the pro-
ceedings shall be void. If altered or confirmed, an order
shall be entered directing a warrant to issue for the collec-
tion thereof.
§ 8. The city council shall have power to remove the
commissioners, and, from time to time, appoint others in
place of such as may be removed, refuse, neglect, or are
unable, from any cause, to serve.
§ 9. The land required to be taken for the making, open-
ing, widening, straightening or altering any street, alley or
highway, or public ground or square, shall not be appro-
priated until the damages awarded therefor, to any owner
thereof, under this act, shall be paid or tendered to such
owner, or his agent ; or, in case such owner or agent cannot
be found in the city, deposited to his or their credit in some
safe place of deposit other than the hands of the treasurer ;
and then, and not before, such lands may be taken and ap-
propriated for the purpose required in making such im-
provements ; and such streets, alleys, or other highways, or
public grounds may be made and opened.
§ 10. Any person interested may appeal from any order
of the city council for opening, widening, altering or straight-
ening any street, alley, or other highway or public ground,
to the police magistrate or circuit court, after the passage of
said final order ; said court to determine such appeal, and
cities. 385
confirm or annul the proceedings, from which appeal no
judgment or writ of error shall lie. Upon trial of the ap-
peal, all questions involved in said proceedings, including
the amount of damages, shall be open to investigation, by
affidavit or oral testimony, adduced to the court ; or, upon
application of the city, or any party, the amount of dam-
ages may be assessed by a jury, in said court, without
formal pleadings, and judgment rendered accordingly. The
court shall not set aside the proceedings or final order of the
council for any omission or informality, without injury has
resulted therefrom.
§ 11. When any owner, known, or other person having *^fst of ta"
an interest in any real estate, residing in the city or else-
where, shall be an infant, and any proceedings shall be had
under this act, the judge of the circuit court, or any judge
of a court of record, may, upon the application of the city
council, or such infant, or his next friend, appoint a guar-
dian for such infant, taking security from such guardian for
the faithful execution of such trust; and all notices and
summons required by this act shall be served on such guar-
dian ; and the final determination of either the common
council or court, in the premises, shall be conclusive on such
infant, and the proceedings shall not be opened at any time
thereafter.
§ 12. It is, however, here provided that none of the pe- Petitioners,
titioners petitioning the said city council, under the first
section of this article, shall be entitled to any damages under
this article, unless by the unanimous vote of the city council,
and then only such sum or sums as the said council shall so
vote.
ARTICLE X.
PUBLIC IMPROVEMENTS AND ASSESSMENTS THEREFOR.
§ 1. The city council shall have power, from time to streets graded-
time, upon the petition of one-half of the owners of the
property fronting thereon and lying within forty rods thereof,
or, without such petition, by the unanimous vote of the
council, to cause any street, alley, or other highway, or sec-
tion thereof, to be graded, regraded, levelled, paved or
planked, and keep the same in repair, and alter and change
the same ; to cause side and crosswalks, maindrains and sidewalks-
sewers, and private drains or section thereof, to be con-
structed and laid, relaid, cleansed and repaired, and regulate
the same ; to grade, improve, protect and ornament any
public square, or other public ground, now or hereafter laid
out.
§ 2. The city council shall have power to assess and col- Suit against
lect of the owners of lots or real estate, on any street or owners(
other highway, or any part thereof, in the same manner as
other city taxes, or in such a manner as may be prescribed by
—32
386 cities.
ordinance, all expenses and damages for the purpose of
grading, paving or planking such street, sidewalk, pave-
ment or other highway. All owners or occupants of lots
or lands in front of or adjoining, or upon whose premises
the city council shall order and direct sidewalks, or private
drains or gutters communicating with any maindrain, to be
constructed, graded, paved, planked, repaired, relaid or
cleansed, or shall declare any such lands or lots to be nui-
sances, and order the same to be graded, filled up and
drained, or otherwise improved, shall make, grade, pave,
plank, repair, or relay such sidewalk, or make or cleanse
such private drain, or grade, fill up, drain, or otherwise im-
prove such lot or land, at their own cost and charges, within
the time and in manner prescribed by ordinance or other-
wise ; and if not done within the time and in the manner
prescribed, the city council may cause the same to be con-
structed, paved, planked, repaired, relaid, cleansed, filled up,
graded, drained or otherwise improved, and assess the ex-
pense and damage 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. A suit may also be maintained against the owner
of such premises, for the recovery of such expenses, as for
money paid and laid out to his use at his request.
Nuisances. g 3_ jn a}| cases where expenses may be incurred in the
removal of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be likewise collected by the owner
or occupant of such premises, in a suit for money expended
to his or their use ; and in case the same should not be
chargeable to any real estate, suit may, in like manner, be
brought for such expenses against the author of such nui-
sances, if known, or any person whose duty [itj may be to
remove or abate the same.
cleaning alleys. g ^ ^}ie city council shall have power to compel the
owners of lots or ground fronting or adjoining any public
or private alley, to keep the same clean, and, if necessary,
to direct the same to be paved, planked, or otherwise, and
the costs thereof to be assessed and collected in the same
maimer as sidewalk assessments.
ARTICLE XI.
OF TAXATION.
street labor. g \m Tiie city council shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair,
to require every able-bodied male inhabitant in said city,
over twenty-one years of age and not exceeding fifty, to
labor on said streets, lanes, avenues and alleys, not exceed-
ing four days in each year; and any person failing to per-
CITIES. 3S7
form such labor, when duly notified by the street commis-
sioner, shall forfeit and pay a sum not to exceed one dollar
and fifty cents for each day so neglected and refused, as said
city council may provide.
§ 2. The inhabitants of the city of Geneseo are hereby Proviso.
exempted from working on any road beyond the limits of
the city, and from paying any tax to procure laborers to
work upon the same : Provided, that the city council may,
at their discretion, cause one-fourth of the labor tax to be
laid out on roads leading into said city, and may expend a por-
tion of the city tax upon the same, not to exceed one-eighth
of the amount annually assessed.
§ 3. All lands lying and being within the corporate Lands exempted
limits of said city, the same being in fields containing five from taxation-
or more acres, and the same never having been laid off in
lots or blocks, and upon which no buildings are situated, and
unoccupied, shall, until the same either become occupied, or
buildings be erected thereon, or laid off into lots or blocks,
be exempt from all corporation taxes.
ARTICLE XIL
MISCELLANEOUS PROVISIONS.
§ 3. The city council shall have power to- pass, publish, ordinances ana
amend and repeal all ordinances, rules and police regula-
tions, 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 powers vested
by this act in the corporation, the city government, or any
department or officer thereof; to enforce the observance
of all such rules, ordinances and police regulations, and to
punish violations thereof by fines, penalties, and imprison-
ment in the county jail, city prison, or both, in the discretion
of the court or magistrate before whom conviction may be
had ; but no fine or penalty shall exceed one hundred dol-
lars, nor the imprisonment of four months, for any offense ;
and such fine or penalty may be recovered, with costs, in
an action of debt, by a common summons, as issued by jus-
tices and magistrates in other cases, and to give the special
matter in evidence under it, in the name of the city, before
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 work house, 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 ordinance.
§ 2. They shall also have power to recall and withdraw
from circulation any of the matured city bonds, for city in- Matured bond*
debtedness, for the purpose of paying the same, or to have
388
CITIES.
Prosecutions.
Execution
judgment.
Fines and
f i, ,!!•'■-.
lleport of police
magistrate.
City not to pay
fees.
Arrest of viola
tors.
new bonds issued to those who are legally entitled to them ;
but in no case shall such bonds be disposed of under par.
§ 3. In all prosecutions for any violation of any ordi-
nance, by-law, or other regulation, the first process shall be
a summons, unless oath or affirmation be made for a war-
rant, as in other cases; and warrants may issue in all cas< s,
upon such oath or affirmation, whenever the same can issue
for a similar offense under our statutes, or whenever the or-
dinance under or upon which the same be made provides
for the issuing of a warrant.
§ 4. Execution may be issued immediate]}7 on rendition
of judgment. If the defendant has no goods or chattels or
real estate within the county of Henry, whereof the judg-
ment can be collected, the execution shall lequire the de-
fendant to be confined in the county jail or city prison, for
a term of not exceeding four months, in the discretion of
the court rendering judgment ; and all persons who may be
committed under this section shall be confined one day for
each one dollar of such judgment and costs. All expenses
incurred in any prosecution for the recovery of any line,
penalty or forfeiture, when collected, shall be paid into the
city treasury.
§ 5. All tines, forfeitures and penalties collected for
offenses committed within the city shall be paid into the
treasury of said city by the officers collecting the same ;
and all fines and forfeitures collected of any citizen of said
city, for any conviction in the circuit court, shall be paid
over in like manner.
§ 6. No person shall be an incompetent judge, justice,
witness or juror, by reason of his being an inhabitant or
freeholder in the city of Geneseo, in any action or proceed-
ing in which said city may be a party in interest, unless the
said judge, justice, witness or juror shall be a party to the
suit : then the same rules shall govern as in the practice in
other cases in this state.
§ 7. The city council shall have power to require the
police magistrate to report and settle quarterly, or oftener,
and to conform to the ordinances and resolutions passed
from time to time.
§ 8. The police magistrate, and all other officers of the
city, shall not be entitled to receive any fees from the city,
when, from any cause, the city shall be unsuccessful in the
prosecution of any action, or should be unable to collect any
fine and costs, or until the money has been collected by the
officer authorized to collect the same.
§ 9. All officers of the city created conservators of the
peace by this act, or authorized by any ordinance, shall
have power to arrest, or cause to be arrested, with or with-
out process, all persons who shall break the peace, or
threaten to break the peace, or be found violating any ordi-
nance of this city, commit for examination, and, if neces-
cities. 389
sary, detain such person in custody over night, or the Sab-
bath, in the watch house, or other safe place, or until they
can be brought before a magistrate ; and shall have and ex-
ercise such other powers, as conservators of the peace, as
the city council may prescribe.
§ 10. At the first election held under this charter for First election,
city officers, there shall be elected one police magistrate for
said city, who shall have the like jurisdiction and powers in
all respects, and be governed by the same laws, as provided
by the general statutes of this state in relation to police
magistrates. Said police magistrate, so elected, shall hold
his office for four years, and until his successor shall be
elected and qualified. He shall be commissioned in the
same manner as other police magistrates and justices of the
peace are by law.
§ 11. All ordinances of the city may be proved by the ordinances, how-
seal of the corporation ; and when printed and published Proven-
in book or pamphlet form, and purporting to be printed and
published by authority of the corporation, the same shall be
received in evidence in all courts and places, without further
proof; and the book or books of city records, and journal
of proceedings kept by the city clerk, shall be received in
evidence in the trial of any case or cases wherein the city
may be a party, without further proof; and all ordinances
may be proved by the introduction of the same, properly
signed and sealed, or by the introduction in evidence of the
book of records or the journal of proceedings of the city
council containing the same.
§ 12. Every ordinance, regulation and by-law, imposing Publication o(
any penalty, fine, imprisonment or forfeiture for a violation
of its provisions, shall, after the passage thereof, be pub-
lished once in the newspaper publishing the ordinances of
the city ; and proof of such publication, by the affidavit of
the printer or publisher of such newspaper, taken before
any officer authorized to administer oaths, and filed with the
city clerk, or any other competent proof of such publication,
shall be conclusive evidence of the legal publication and.
promulgation of such ordinance, regulation or by-law, in all
courts and places.
§ 13. Appeals shall be allowed from the decisions, in all Appeals.
cases arising under the provisions of this act, or under any
ordinance passed in pursuance thereof, that may be brought
before any justice or other magistrate, to the circuit court
of Henry county ; and every such appeal shall be taken and
granted in the same manner, and with like effect, as appeals
are taken from justices of the peace to the circuit court un-
der the laws of the state.
§ 14. This act is hereby declared to be a public act, and
may be read in evidence in all cases of lawT and equity in
this state, without proof.
390
CITIES.
Style of
nances.
Penalty for in- § 15. Any person who shall injure or destroy an j bridge
or any public building or other property belonging to the
city, or shall cause or procure the same to be injured or de-
stroyed, shall be subject to a penalty not .exceeding- one
hundred dollars for such offense, to be recovered by the city
in an action of debt, and may be imprisoned not exceeding
four 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 dam-
ages occasioned by such injury or destruction: Provided,
however, that the prosecution of any person or persons lor
the violation of any section of this act, or ordinance passed
by virtue of this act, imposing any fine, penalty or impris-
onment for a violation thereof, whenever the violation of the
same may be declared to be a crime or misdemeanor under
the general criminal code or law of this state, shall not take
away the rights of punishment under said general criminal
code or law; but said person or persons, so offending, may
be lined, imprisoned or punished under either or both of
said laws.
§ 10. The style of all ordinances shall be: uBe it or-
dained by the city council of the city of Qeneseo."
Additions to city § 17. Any tract of land adjoining said city, which may
be laid off into blocks or lots, and duly platted, according to
law, and any tract of land adjoining the city, with the con-
sent of the owner thereof, shall and may be annexed to said
city and form a part thereof.
§ 18. The city council shall, at least ten days before the
annual election, in each year, cause to be published in the
newspaper publishing the ordinances of the city, a correct
and full statement of the receipts and expenditures, from
the date of the last annual report, together with the sources
from which the former are derived and the mode of disburse-
ment, and also a distinct statement of the whole amount
assessed, received and expened in the respective wards and
divisions, for making and repairing streets, highways and
bridges, for the same period, together with such information
as may be necessary to a full understanding of the financial
concerns of the city.
§ 10. Neither the city council or mayor shall remit any
fine or penalty imposed for any violation of any of the laws
or ordinances of said city, or release from ccnfinement, un-
less two-thirds of all the aldermen elected 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 any nuisance within its jurisdiction, by indictment
or otherwise.
§ 20. The city council shall have power to provide for
the prevention and extinguishment of fires, and to organize
and establish fire companies ; to regulate or prevent the
erection of manufactories dangerous in causing fires, ap-
f-'tatement
amounts.
Fines
leased
Fire companies.
CITIES.
391
point fire wardens and property guards, with power to re-
move and keep away from the vicinity of any fire all idle or
suspicious persons, and to compel any person or persons
present to aid in extinguishing fires, or in the preservation
of property exposed to the danger of the same, and to pre-
vent goods from being purloined thereat, and with such
other powers and duties as rnay be prescribed by ordinance.
§ 21. The police magistrate and justices of the peace, jurisdiction 01
who now have and hereafter may have, their offices within offlcers-
the corporation limits of the city, shall have jurisdiction to
hear and determine all cases in which the said city may be
a party, under or by virtue of this act or any ordinance or
by-law of said city.
§ 22. All property, real and personal, heretofore vested vested rights.
in the president and trustees of the town of Geneseo, for
the use of the inhabitants of said town, or belonging to said
town in any manner, shall be and the same is hereby de-
clared to be vested in the corporation hereby created.
§ 23. The present board of trustees and other officers Board of tms-
of the town of Geneseo, now in the office, shall, respectively,
continue in the same until superseded in conformity to the
provisions thereof, but shall be governed by this act. which
shall take effect from and after its passage.
§ 21. The council of said city shall have the power to Boring for coai.
appropriate, at any time or times, a sum not exceeding five
hundred dollars, in any manner they may deem expedient,
for the purpose of prospecting and boring for coal, anywhere
within three miles of the limits of the said city.
§ 25. The mayor of said city is hereby empowered to Enforcement of
call on any male inhabitant of said city, over eighteen years
of age, to aid in enforcing the laws and ordinances ; and, in
case of riot, to call out the militia, to aid in suppressing the
same or carry into effect any law or ordinance ; and any
person who shall not obey such call shall forfeit to said city,
a fine, not exceeding ten dollars.
Approved February 16, 1865.
AST ACT to amend "An act to incoporate the City of Hamilton," approved In force Feb. 16,
February 24th, 1859. 1S65.
Section 1. Be it enacted by the People of the St tie of
Illinois, represented in [the] General Assembly, That section
forty-three, of article . five, of "An act to incorporate the ordinances pub-
City of Hamilton," approved February 21th, 1859, be and Ushed-
is hereby so amended that the same shall read as follows :
"All ordinances hereafter passed by the city council shall,
within one month after they shall have been passed, be pub-
392 cities.
lished in some newspaper published in the city and if there
be no newspaper published in said city, such ordinances
shall, within one month after the passage thereof, be
published, by posting at least one copy thereof in the
most public place in each of the wards of the city, and shall
not be in force until they have been so published as afore-
said. It shall be the duty of the city clerk to publish and
post copies of the ordinances, as aforesaid, and to record the
same in a book containing the records of the city, together
with his certificate thereto, stating the time and place the
same was published or posted ; and such record shall be
deemed sufficient evidence of the publication of such ordi-
nances in all courts and places."
This act is hereby declared to be a public act, and shall
be in force from and after its passage.
Approved February 16, 1865.
1805. ' AN ACT to extend the jurisdiction of the City of Joliet, for school purposes.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
for'scTooiVur^ southeast quarter of section number five, in township num-
poses. ]-)er thirty- five, and range number ten, in the county of Will,
and state of Illinois, be added to the city of Joliet, for school
purposes, and for no other purposes ; and the inhabitants
thereof to have like rights and franchises, and be subject to
like duties and taxes, in all school matters, with the other
inhabitants of said city.
§ 2. This act shall be in force and take effect from and
after its passage.
Approved February 16, 1865.
In force Feb 16 AN ACT to amend the city charter of' the City of Joliet.
1865. ' '
Section 1. Be it enacted by the People of the /State of
Illinois, represented in the General Assembly, That the
Additional tax. city charter of the city of Joliet be amended, and that in
addition to the taxes which by law the said city is now au-
thorized to levy, the said city be authorized to levy one and
one-half mills on the dollar of taxable property in said city,
for the purpose of meeting the ordinary expenditures of said
city, and to meet expenditures heretofore made.
cities. 393
§ 2. The provisions of said charter for the election of Provisions re-
police magistrates are hereby repealed. At the charter pea
election of said city, for the year 1866, and every second
year thereafter, there shall be one police magistrate elected police magis-
for said city, who shall hold their respective offices for the tiate"
term of two years, from the date of their election.
§ 3. All laws for the change of venue from police magis- venue laws re-
trates of said city are hereby repealed. peae
§ 4. All laws and parts of laws which make the said Laws repealed.
city liable for any want of construction or repairs of streets,
crossings or sidewalks, over or along any portion of the
ninety feet belonging to the board of trustees of the Illinois
and Michigan canal, or bridges over said canal, or for
any erection made by said trustees, in constructing or ope-
rating said canal, its tow paths, bridges or abutments, are
hereby repealed.
§ 5. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to establish the city of Kankakee. In force Feb. 16,
J 1965.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly;
CHAPTFR I.
CITY AND WARD BOUNDARIES.
Section 1. The inhabitants of all that district of country, Name and ^^-
in the county of Kankakee, and state of Illinois, contained
within the limits and boundaries hereinafter prescribed,
shall be a body politic and corporate, under the name and
style of the "City of Kankakee;" and by that name sue
and be sued, complain and defend, in any court, and take
and hold, purchase, lease and convey such real and personal
or mixed estate as the purposes of the corporation may re-
quire, within or without the limits and boundaries aforesaid ;
and may make and use a common seal, and alter the same
at pleasure.
| 2. The corporate limits and jurisdiction of the City of L™!t.3 *nd J'uri*-
Kankakee shall embrace and include within its boundaries
the following territory, viz: commencing at a point on the
east bank of the Kankakee river, where the north line of
the Washington Bourbonais reservation strikes the same ;
thence east along the north line of said reservation and
39i
CITIES.
along the north line of the Manteno reservation, and along
the north line of section 33, town 31, range 12 east, to a
point forty-live rods east from the northeast corner of said
Manteno reservation ; thence south, on a line parallel with
the east line of said reservation, through said reservation
and through a portion of the Catish reservation, to the north
line of section 9, town 30, range 13 west ; thence west,
along said north line of sections 9, 8 and 7, town 30, range
13 west, to a point three hundred and twenty rods west of
the southeast corner of section 6, in said town ; thence north,
through the center of said section 6, town 31, range 13 east,
and through a portion of the Washington Bourbonais reser-
vation, on a line parallel with sectional lines, until said line
Additions. strikes the Kankakee river ; and whenever any tract of land
adjoining the said limits or any addition to said city shall
be laid off into town lots and the plat thereof shall be re-
corded, the same shall be and form a part of the city of
Kankakee, as fully as if within the original corporate limits,
wards. f, 3. The city of Kankakee shall at present be divided
into four wards, as follows :
First Ward. All that part of said city which lies east of
the Illinois Central railroad and north of Merchant street,
shall be denominated the first ward.
Second Ward. All that part of said city which lies east
of said railroad and between Merchant street and the Kanka-
kee river, shall ba denominated the second ward.
Third Ward. All that part of said city which lies -west
of said railroad and north of the Kankakee river, shall be
denominated the third ward
fourth Ward. All that part of said city which lies south
of the Kankakee river, shall be denominated the fourth
ward.
CHAPTER II.
city council. § 1. The municipal government of the city shall consist
of a common council, composed of the mayor and two alder-
men from each ward. The other officers of the corporation
shall be as follows : a clerk, an attorney, treasurer, assessor,
officers. one police justice, marshal, surveyor, one street commis-
sioner, collector, and as many firemen, firewardens, police-
men, watchmen, and such other officers and agents as the
common council may deem necessary and appoint ; but no
person shall hold more than one office which is created by
this act.
Annual election. § 2. An election shall be held on the second Tuesday of
April, in each year, at such place in each ward as the com-
mon council may appoint ; of which election it shall be the
duty of the clerk to give notice, for at least six days, by post-
ing three written or printed notices in each ward.
officeraof city. § 3. At the annual election there shall be elected, by the
qualified voters of said city, a mayor, assessor, one police
cities. 395
justice, marshal, surveyor, collector, and city attorney; and
the person having the highest n timber of votes cast at such
election, in the whole city, for either of such offices, shall be
declared elected. At the same time, such electors, in their
respective wards, shall vote for one alderman, and the per
son receiving the highest number of votes cast in the ward
for such office shall be declared elected.
§ 4. The several wards of the city shall be respectively Aldermen,
represented in the common council by two aldermen, who
shall be residents thereof, and who shall, except as herein
otherwise provided, hold their offices, respectively, for two
years, from and after their election, and until their succes-
sors are elected and qualified. They shall be divided into
two classes, each class consisting of one alderman from each
ward. The seats of the first class shall be vacated at the end
of the first year, and of the second class at the expiration of
the second year, so that one alderman from each ward may
be annually elected. In all cases where two aldermen are
to be chosen from the same ward, at any annual election,
the alderman having the highest number of votes shall be
declared elected for two years, and the candidate having the
next highest number of votes for one year; and in case of
the two successful candidates having an equal number of
votes, the term of service to which they shall be respectively
entitled shall be determined by the casting of lots, in the
presence of the common council, and the result shall be en-
tered upon the minutes of their proceedings. If any alder-
man remove from the ward represented by him, or shall en-
gage or continue in any service, business or employment,
causing a continuous absence from the city for more than
four months, his office shall thereby become vacant.
§ 5. The officers elected by the people under this act Term of office,
shall, respectively, hold their offices for one year, and until
the election and qualification of their successors, excepting
aldermen, who shall hold their offices as mentioned in sec-
tion four of this chapter; and other officers mentioned in Appointment of
this act, and not otherwise specially provided for, shall be oflicers-
appointed by the common council, by ballot, and continue
in office until the annual election for mayor and aldermen,
unless removed by said council. Officers appointed to fill
vacancies shall hold for the unexpired term only, and until
the election or appointment and qualification of their suc-
cessors. If, from any cause, there shall not be a quorum of
the common council, the clerk shall appoint the time and
places for holding special elections, and may appoint judges
of election, if necessary.
§ 6. If there should be a failure by the people to elect special election
any officer herein required to be elected, at the annual elec-
tion, the common council may forthwith order a new elec-
tion, and continue to order new elections until such vacancy
is filled. And whenever there shall fail to be an election
396
CITIES.
Officers may be
removed for
cause.
When office de-
clared vacant.
Vacancies
filled.
of any officer voted for by the people, in consequence of two
or more candidates receiving1 the highest and an equal num-
ber of votes for the same office, the election shall be deter-
mined by the casting of lots, in the presence of the common
council, and the result shall be entered upon the minutes of
their proceedings.
§ 7. Every person appointed to any office by the com-
mon council, or by the mayor, with the advice and consent
of the common council, and every person elected to any
office by the people, for whose removal from office no other
provision has been specially provided by this act, may be
removed from such office by a vote of three-fourths of all
the aldermen authorized by law to be elected. But no offi-
cer shall be removed except for cause, nor unless furnished
with the charges preferred against him, and shall be heard
in his defense; and the common council shall have power
to compel the attendance of witnesses and the "production of
papers, when necessary for the purposes of such trial, and
shall proceed, within ten days, to hear and determine upon
the merits of the case ; and if such officer neglect to ap-
pear and answer to such charges, then the common coun-
cil may declare the office vacant; and any officer may be
suspended until the disposition of charges when preferred.
§ S. When any vacancy shall happen by death, resigna-
tion, removal or otherwise, in the office of mayor, such va-
cancy shall be filled by a new election. And the common
council shall order a new election, within ten days after the
happening of euch vacancy : Provided, more than six months
of the term shall then remain unexpired. Any vacancy oc-
casioned by the death, removal, resignation or refusal to
serve of any other city officer elected by the people or ap-
pointed by the mayor, with the advice and consent of the
common council, may be filled by appointment by the mayor,
with the advice and consent of the council, except in cases
where a different provision is herein specially made for fill-
ing such vacancy. The common council, with the like ex-
ception, may fill any vacancy occurring in any office to which
by this act they have the power of election or appointment.
§ 9. All citizens of the United States, qualified to vote
at any election held under this act, shall be eligible to any
office created by this act, except mayor, alderman and asses-
sor, who shall be freeholders ; and if any person holding
any such office or place shall become a defaulter, whilst in
office, the office or place shall thereupon become vacant ;
Defaulters may but no person shall be eligible to any office or place under
not hold office. .-,. x ., . 9 • • i •• i •
this or tiny other act m relation to said city who is now or
may hereafter be a defaulter to said city, or to the state of Illi-
nois, or any county thereof; and any person shall be con-
sidered a defaulter who has refused or neglected, or may
hereafter refuse or neglect, for thirty days after demand
made, to account for and pay over to the party authorized
Proviso.
Citizens eligible
to office.
cities. 397
to receive the same any public money which may have come
into his possession.
§ 10. The manner of conducting- and voting at elections Manner of eiec-
held under this act, and contesting the same, keeping the lon'
poll lists, canvassing the votes, and certifying the returns,
shall be the same, as nearly as may be, as is now or may
hereafter be provided by law at general state elections :
Provided, the council shall have power to regulate elections. Proviso.
The voting shall be by ballot; and the judges of election
shall take the same oath and shall have the same power and
authority as judges at general elections. The polls shall be Opening and cio-
kept open from eight o'clock in the forenoon until five o'clock "ng ° p0
in the afternoon : Provided, the judges may adjourn one Proviso,
hour for dinner. After closing the polls, the ballots shall
be counted in the manner required by law, and the returns
shall be returned, sealed, to the city clerk, within twenty-
four hours after closing the polls; and, thereupon, the com-
mon council shall meet and canvass the same and declare
the result of the election. It shall be the duty of the clerk Notice to per-
to notify all persons elected or appointed to office of their souselectecl-
election or appointment, and, unless such persons shall re
spectively qualify, within fifteen days thereafter, the office
shall become vacant.
§ 11. JNro person shall be entitled to vote at any election Residence in city
under this act who is not entitled to vote at state elections,
and has not been a resident of said city three months next
preceding the election ; he shall, moreover, have been an
actual resident of the ward or election precinct in which he
votes for ten days previous to the election, and, if required oath of voter.
by any person qualified to vote thereat, shall take the follow-
ing oath, before he is permitted to vote : Provided, that the Proviso.
voter shall be deemed a resident of the ward in which he is
accustomed to lodge : " I swear (or affirm) that I am of the
age of twenty-one years, that I am a citizen ot the United
States, (or was a resident of this state at the time of the adop-
tion of the constitution,) and have been a resident of this
state one year, and a resident of this city three months im-
mediately preceding this election, and am now and have
been, for ten days last past, a resident of this ward, and have
not voted at this election."
§ 12. The persons entitled to vote at any election held Arrests on eiec-
under this act shall not be arrested on civil process, within
said city, upon the day on which said election is held ; and
all persons illegally voting at any election under this act
shall be punishable according to the laws of this state.
CHAPTER III.
POWERS AND DUTIES OF OFFICERS.
§ 1. Every person elected or appointed to an office under oath of office,
this act shall, before he enters upon the duties of his office,
398 cities.
take and subscribe the oath of office prescribed in the con-
stitution of this state, and file the same, duly certified by
the officer before whom it wa.-^ taken, with the city clerk.
Duties of mayor. § 2. The mayor shall preside over the meetings of the
common council and take care that the laws of the state and
the ordinances of the city are duly entorced, respected and
observed, and that all other executive officers of the city dis-
charge their respective duties. He shall cause negligence
and positive violation of duty to be prosecuted and punished.
He shall, from time to time, give the common council such
information, and recommend such measures as he may deem
advantageous to the city. He shall have power, whenever
he shall deem it necessary, to require of any of the officers
of the city an exhibit, of his books and papers. He shall,
also, have power, ex oj/icio, to administer any oath autho-
rized to be taken by the laws of this state, and to execute
all acts that may be required of him by this act, or any
ordinance made in pursuance thereof.
May can out the § §_ _rje is }iereDy authorized to call on the marshal, po-
posse. ,J *J , ? r
licemen, or any and all male inhabitants of the 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 any
person who shall not obey such call shall forfeit to said city
a line of not lets than live dollars.
Malfeasance of g 4. He shall be liable to indictment in the circuit court
of Kankakee county for palpable omission of duty, willful
oppression, mal-conduct or partiality in the discharge of the
duties of his office, and, upon conviction, shall be subject to
a fine not exceeding one hundred dollars ; and the court
shall have power, upon the recommendation of the jury, to
add, as a part of the judgment, that he be removed from
his said office.
Passage of ordi- § 5. Every act, ordinance or resolution passed by the
common council, before it shall take effect, and within five
days after its passage, shall be presented, duly certified by
the city clerk, to the mayor, for his approbation. If he ap-
veto of mayor, prove, he shall sign it, if not, he shall return it, with his ob-
jections in writing, to the city clerk ; and the clerk shall sub-
mit said objections to the common council at their next
meeting, who shall enter said objections upon their record
and proceed to reconsider the matter, and if, after such re-
consideration, two-thirds of all the members elected shall
agree to pass the same, it shall take effect as an act or law
of the corporation. If the mayor shall not return any act,
ordinance or resolution, so presented to him, or shall neglect
or omit to approve or object to the same within five days, it
shall take effect in the same manner as if he had signed it.
Acting mayor. § 6. In case of a vacancy in the office of mayor, or of
his being unable to perform the duties of his office, by rea-
son of absence or sickness, the common council shall appoint
by ballot one of their number to preside over their meetings,
cities. 399
whose official designation shall be " acting major ;" and the
alderman so appointed shall be vested with all the powers
and perform all the duties of major until the major shall
resume his office or the vacancy be filled bj a new election.
§ 7. The members of the common council shall be fire-
wardens and conservators of the peace, and shall be exempt Firewardens.
from jury duty during their term of office. The marshal
shall be a conservator of the peace.
§ 8. The clerk shall keep a record of the proceedings of Record of coun-
thc 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 the records of the proceedings of the
common council, certified by him under the corporate seal,
shall be evidence in all courts, in like manner as if the origi-
nals were produced. He shall likewise draw all warrants
upon the treasury and sign the same, and keep an accurate Dutyofcierk.
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 or the ordinances of said city, and
shall be the keeper of the corporate seal.
§ 9. It shall be the duty of the city attorney to conduct Duty of attorney,
all the law business of the corporation and of the depart-
ments thereof, and all other law business in which the city
shall be interested, when so ordered by the corporation. He
shall, when required, furnish written opinions upon subjects
submitted to him by the mayor or common council. He
shall keep a docket of all the cases to which the city is a
party in any court of record, in which shall be briefly en-
tered all steps taken in each cause, and which shall at all
times be open to the inspection of the mayor or any com-
mittee of the common council. It shall also be the duty of
the city attorney to draft all ordinances, bonds, contracts,
leases, conveyances and such other instruments of writing as
may be required by the business of the city ; to examine
and inspect tax and assessment rolls, and all proceedings in
reference to the levying and collection of taxes and assess-
ments, and to perform such other duties as may be pre-
scribed by the charter and ordinances of the city.
§ 10. The city treasurer shall receive all moneys belong- Dut7 °' ^e&-
ing to the city, and keep an accurate account of all receipts
and expenditures ; he shall keep his books and accounts in
such manner as the common council may prescribe, and such
books and accounts shall be always subject to the inspection
of the council and the finance committee.
§ 11. All warrants drawn upon the treasurer must be warrants, ho*
signed by the clerk, and countersigned by the mayor, stat- Slgne '
ing therein the particular fund or appropriation to which the
same is chargeable, and the person to whom payable, and
no money shall be otherwise paid than upon such warrants
so drawn.
400
CITIES.
Fund account.
Receipts.
Annual report of
treasurer.
Duty of
surer.
Special fund.
Collector's duty.
Books of
lector.
§ 12. lie shall keep a separate account of each fund or
appropriation, and the debits and credits belonging thereto.
§ 13. He shall give every person paying money into
the city treasury a receipt therefor, specifying the date of
payment and upon what account paid.
§ 11. The treasurer shall render to the common council,
at least fifteen days before the annual election of each year,
and oftener if required, an account, under oath, showing the
state of the treasury, at the date of such account, and the
balance of moneys in the treasury. He shall also accom-
pany such account with a statement of all moneys received
into the treasury, and on what account, together with all
warrants redeemed and paid by him, which said warrants,
with any and all other vouchers held by him, shall be de-
livered over to the common council and filed by them with his
said account in the clerk's office upon every day of such set-
tlement. He shall return all warrants paid by him stamped
or marked " paid," and shall give a list of such warrants,
stating the number and amount of each.
§ 15. The treasurer shall keep the moneys belonging to
the city treasury distinct and separate from his own moneys,
and he is hereby expressly prohibited from using, either
directly or indirectly, the corporation money or warrants in
his custody and keeping, for his own use and benefit, or
that of any other person or persons whomsoever; and any
violation of this provision shall subject him to immediate
removal from office by the mayor, with the concurrence of
the common council, who are hereby authorized to declare
said office vacant, and the mayor, in case of said removal, shall
nominate a successor, who shall be appointed to said office
upon the confirmation of the common council, and hold his
office for the remainder of the unexpired term of such
officer so removed.
§ 1G. All moneys received on any special assessment
shall be held by the treasurer as a special fund to be ap-
plied to the payment of the improvement for which the
assessment was made, and said moneys shall be used for no
other purpose whatever, unless by a resolution passed by a
vote of three-fourths of the members of the common council.
§ 17. It shall be the duty of the city collector to collect
all taxes and assessments which may be levied by said
city, and perform such other duties as may be herein pre-
scribed or ordained by the common council.
§ 18. All the city collector's papers, books, warrants and
vouchers shall be examined by, and the same are hereby
placed under the supervision of the common council, to-
gether with the finance committee, and the said collector
shall, weekly, on receipt of the same, pay over all moneys
collected by him, of any person or persons, to the city
treasurer, taking his receipt therefor, which said collector
shall immediately file in the city clerk's office.
CITIES. 401
§ 19. The city collector shall make report in writing, collector's re-
under oath, to the clerk weekly, or oftener, if required, of por '
the amount of all moneys collected by him, the account
upon which collected, and shall tile with said clerk the
vouchers or receipts of the treasurer for the amount so col-
lected. He shall, also, at least fifteen days previous to the
annual election in each year, submit to the common council
and finance committee a statement of all moneys by him
collected during the year, and the particular warrant, assess-
ment or account upon which collected, and the balance of
moneys uncollected on the warrants in his hands or re-
turned to the clerk, which statement shall afterward be filed
with the clerk.
§ 20. The city collector is hereby expressly prohibited collector's duty,
from keeping the moneys of the city in his hands or in the
hands of any person or corporation to his use beyond the
time prescribed for the payment of the same to the city
treasurer, and any violation of this provision shall subject him
to immediate removal from oflice by the mayor, with the
concurrence of the common council, and it is hereby de-
clared to be the duty of the mayor upon such removal being
made to nominate and appoint a successor, with the advice
and consent of the common council.
§ 21. If the collector shall receive any money for taxes collector liable.
or assessments, giving a receipt therefor, for any land or
parcel of laud, and afterwards sell the same at any sale for
taxes or assessments, for the tax or assessment which has
been so paid and receipted for by himself or his assistant,
he and his bond shall be liable to the holder of the certifi-
cate given to the purchaser at the sale, for double the amount
of the face of the certificate, to be demanded within three
years from date of sale and recovered in any court having
jurisdiction of the amount, and the city shall in no case be
liable to the holder of such certificate.
§ 22. The assessor shall perform all the duties in rela- Assessor's duty,
tion to the assessing of property for the purpose of levying
the taxes imposed by the common council. ' In the per-
formance 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.
§ 23. The city surveyor shall have the power, under the surveyor's duty,
directum and control of the common council, to survey
within the city limits ; and he shall be governed by such
rules and ordinances, and receive such fees and emoluments
for his services as the common council shall direct
and prescribe. He shall possess the same power 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 surveys made by him
as are or may be given by law to the acts, plats and surveys
of the county surveyor. He shall perform all surveying
—33
402 CITIES.
and engineering ordered by the common council, and shall,
under their direction, establish the grades and boundaries
of streets and alleys, but such grades and boundaries shall
be first reported to the common council, and approved by
them, or they shall not be valid,
street ^ commk- g 24. It shall be the duty of the street commissioner to
superintend all local improvements in the city, when so in-
structed by the common council, and to carry into effect all
orders of said council in relation thereto. It shall be his
duty to superintend the opening of streets and alleys, and
the grading, improving and repairing of the same, the con-
struction and repairing of bridges, culverts and sewers, to
order the laying, relaying and repairing of sidewalks, to
give notice to the owners of property adjoining such side-
walks when required, and upon the failure of any person to
comply with such notice, to cause the same to be laid, relaid
or repaired, and apportion the costs thereof among the per-
sons or lots properly chargeable therewith, and deliver the
account thereof to the city clerk, to be laid before the coun-
cil ; to make plans and estimates of any work ordered in
relation to streets and alleys, bridges, culverts or sewers, to
keep full and accurate accounts, in appropriate books, of all
appropriations made for work pertaining to his office, and
of all disbursements thereof, specifying to whom made and
on what account; and he shall render accounts thereof, and
of all his proceedings, to the common council, as often as
required by them. He shall also see that the streets, alleys
and sidewalks are kept free and clear of all obstructions,
and do and perform all other acts and duties required of
him by the common council,
oity marshal's § 25. The city marshal shall attend all the meetings of
the common council, and shall perforin such duties as
shall be prescribed by the common council for the preserva-
tion of the public peace, the collection of fines, license
moneys, etc. He shall possess the powers and authority of
a constable at common law and under the statutes of this
state, and may serve any process that may, by law, be
served by a constable under the general laws of this
state, or this act, and be entitled to the same compensation
therefor. He shall, before he enters upon the duties of his
office, with two or more sureties, to be approved by the
mayor, execute, in the presence of the city clerk, an in-
strument in writing, by which such marshal and securities shall
jointly and severally agree to pay to each and every person
who may be entitled thereto, all such sums of money as the
said marshal may be liable to pay by reason or on account
of any summons, execution, or distress warrant, or other
process which shall be delivered to him for collection or
execution. The clerk shall file the same, with the mayor's
approval thereon, and a copy certified by the clerk, under
the corporate seal, shall be presumptive evidence in all
courts of the execution thereof by such marshal and his
CITIES. 403
sureties, and all actions thereon shall be prosecuted within
two years after the expiration of the time for which such
marshal was elected or appointed, and may be brought in
the name of the person or persons entitled to the money
collected by virtue of such instruments.
§ 26. The common council shall have power from time to other duties of
time to require further and other duties of all officers whose
duties are herein prescribed, and prescribe the powers and
duties of all officers appointed or elected to any office under
this act, whose duties are not herein specifically mentioned,
and fix their compensation. They may also require bonds
to be given to the city of Kankakee by all officers elected
or appointed, for the faithful performance of their duties,
and may at any time require additional security to be given.
§ 27. The treasurer, collector, police justice, marshal officers to give
and street commissioner, shall, severally, before they enter
upon the duties of their respective offices, execute a bond to
the city of Kankakee in such sum and with such securities as
the common council shall approve, conditioned that the}7
shall faithfully execute the duties of their offices and ac-
count for and pay over all moneys and other property re-
ceived by them ; which bonds, with the approval of the
common council certified thereon by the clerk, shall be filed
with the clerk.
§ 28. The common council shall, annually, designate Oity newspaper,
one public newspaper, 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 ordi-
nances of the common council, to be published in the cor-
poration newspaper, and they shall fix the price for print-
ing such ordinances and other matters, and if the proprietor
or proprietors of the newspaper so designated shall, at any
time during the year, suspend the publication thereof, or
decline longer to publish said proceedings, another newspa-
per shall be designated in its stead.
§ 29. If any person, having been an officer in said city, ^fjJ6'^'
shall not within ten days after notification and request, de-
liver to his successor in office all property, papers, and effects
of every description, in his possession, belonging to said
city, or appertaining to the office he held, he shall forfeit
and pay, for the 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 possession of the
books, papers, and property appertaining to his office, in the
manner prescribed by the laws of this state.
CHAPTER IV.
THE COMMON COUNCIL, ITS GENEKAL POWERS AND DUTIES.
§ 1. The mayor and aldermen shall constitute the com- Time of meeting
mon council of said city. The common council shall meet
404
CITIES.
Quorum.
Aldermen may
not hold other
offices in city.
Stated and spe-
cial meetings.
Petitions to com-
mit.
Vote, how re-
scinded.
Detailed report,
Yeas and nays.
Control of finan
cea.
at such times and places as they shall by resolution direct.
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 the aldermen may be appointed to
preside. A majority of the persons elected as aldermen
shall constitute a quorum.
§ 2. No member of the common council shall, during
the period for which he was elected, receive any compensa-
tion for his services, or be appointed to or be competent to
hold any office of which the emoluments are paid from the
city treasury, or paid by fees directed to be paid by any act
or ordinance of the common council, or be, directly or indi-
rectly interested in any contract, the expenses or considera-
tion whereof are to be paid under any ordinance of the
common council.
§ 3. The common council shall hold stated meetings,
and the mayor, or any two aldermen, may call special meet-
ings, by notice to each of the members of said council,
served personally, or left at his usual place of abode. Peti-
tions and remonstrances may be presented to the common
council ; and the council shall determine the rules of its own
proceedings, and be the judge of the election and qualifica-
tions of its own members, and have power to compel the at-
tendance of absent members.
§ 4. All ordinances, petitions and communications to
the common council shall, unless by unanimous consent, be
referred to appropriate committees, and only acted on by
the council, at a subsequent meeting, on the report of the
committee having the same in charge. Any report of a
committee of the council may be deferred to the next regu-
lar meeting of the same, and the publication of said report
in the corporation newspaper required, by request, of any
two aldermen present.
§ 5. No vote of the common council shall be reconsid-
ered or rescinded at a special meeting, unless at such special
meeting there be present as large a number of aldermen as
were present when such vote was taken.
§ 6. The common council shall have power to require
from any officer of said city, at any time, a report, in detail,
of the transactions in his office, or of any other matter by
said council deemed necessary.
§ 7. Upon the passage of all orders, ordinances, or reso-
lutions, appropriating money, imposing taxes, or authorizing
the borrowing of money, the yeas and nays shall be entered
on the record of the common council, and a majority of the
votes of all the aldermen entitled to seats in the board shall
be necessary to their passage.
§ 8. The common council shall have, subject to the pro-
visions hereinafter contained, the general management and
control of the finances and all the property, real, personal
and mixed, belonging to the corporation ; and shall likewise
cities. 405
have power, within the jurisdiction of the city, by ordi-
nance :
First. To restrain and prohibit all descriptions of gaming Gaming.
and fraudulent devices, and all playing of dice, cards, and
other games of chance, with or without betting.
Second. To license, tax, regulate, suppress, and prohibit Billiard tables,
billiard tables, and all other game tables, pin and ball alleys,
and to authorize the destruction and demolition of all instru-
ments and devices used for the purpose of gaming.
Third. To restrain, regulate, prohibit and suppress tip- Doggeries,
pling houses, dram-shops, gambling houses, bawdy houses,
houses of ill-fame, and other disorderly houses; and to
license, restrain, regulate, prohibit, and suppress the selling
or giving away of any ardent spirits or intoxicating liquors,
whether ardent, vinous, or fermented, by any person within
the city, (except by persons duly licensed,) except for sacra-
mental, mechanical, or medicinal purposes.
Fourth. To tax, license and regulate auctioneers, mer- License of mer-
i -, -n , .1 -,..'. chants and oth-
chants, peddlers, retailers, grocers, taverns, ordinaries, haw- ers.
kers, brokers, and pawnbrokers.
Fifth. To tax, license, regulate and suppress ferries, i-errfes, &c
hackmen, draymen, wagoners, carters, porters, omnibus
drivers, cabmen, and all others, whether in the permanent
employment of any individual, firm or corporation, or other-
wise, who may pursue like occupation, with or without
vehicles, and prescribe their compensation.
Sixth. To license, tax and regulate theatrical and other shows,
exhibitions, shows and amusements.
Seventh. To authorize the mayor, or other proper officer Licenses, how
of the city, to grant and issue licenses and direct the man- graE
ner of issuing and registering thereof, and the fees to be
paid therefor. No license shall be granted for more than one
year. Not less than one dollar nor more than three hundred
dollars shall be required to be paid for any license under
this act : Provided, the sum of money required to be paid for Proviso.
a license to keep grocery, tavern, and to retail vinous, spiritu-
ous, mixed, intoxicating, or fermented liquors, need not be
uniform, but the common council may, in their discretion,
fix the rate for such license, so that the same may be applied
to any particular portion of said city, to be specified by ordi-
nance. A bond, with surety, shall be taken on the granting
of a license, for the due observance of the ordinances or
regulations of the common council.
Eighth. To suppress and prevent any riot, noise, dis- Riots.
turbance, or disorderly assemblage.
Ninth. To compel the owner or occupant of any grocery, Nuisance,
cellar, tallow or so:p factory, tannery, stable, barn, privy,
sewer, or other unwholesome, nauseous, or noisome house or
place, to cleanse, remove, or abate the same, from time to
time, as the health and comfort of the public may require.
4 06 CITIES.
Markets. Tenth. To establish, and regulate markets and other pub-
lic buildings, and determine their location ; and license and
prohibit butchers, and to revoke their licenses for malconduct
in the course of trade ; to regulate, license and restrain the
sale of fresh meats and vegetables in the city, and restrain
and punish forestalling.
Powder. Eleventh. To direct and regulate the storage of gunpow-
der and other combustible materials.
Fast driving. Twelfth. To prevent horse racing, immoderate riding or
driving in the streets, and to authorize persons immoderately
riding or driving, as aforesaid, to be stopped by an}' person ;
to punish or prohibit the abuse of animals ; to compel per-
sons to fasten their horses, oxen, or other animals, attached
to vehicles, or otherwise, while standing or remaining in the
streets ; and also to regulate the rate of speed at which loco-
motives and railroad cars may be driven in said city.
Encumbering Thirteenth. To prevent the encumbering of streets, al-
leys, avenues and public grounds, sidewalks or crosswalks.
Bathing. Fourteenth. To regulate the times and places of bathing,
and to prevent obscene and indecent exposure of person.
vagrants and Fifteenth. To restrain and punish vagrants, street beg-
gars, and prostitutes.
stock at large. Sixteenth. To restrain and regulate, or prohibit, the run-
ning at large of cattle, horses, swine, dogs, sluts, sheep and
goats, and other animals, and geese and ducks ; to authorize
the distraining, impounding, and sale of the same, for the
penalty incurred and the costs of the proceedings, and also
to impose penalties on the owners of any such animals, for
a violation of any ordinance in relation thereto.
Dogs. Seventeenth. To prevent the running at large of dogs
and sluts, and to authorize the destruction of the same when
at large.
Disease. Eighteenth. To make regulations to prevent the intro-
duction or spread of contagious diseases into the city.
streets and Nineteenth. To have exclusive power over the streets,
avenues, sidewalks and alleys, and to remove and abate any
obstructions and encroachments therein, and to compel all
persons to keep the snow, ice and dirt from the sidewalks in
front of the premises owned or occupied by them.
ueii ringing- Twentieth. To prevent the ringing of bells, blowing of
horns and bugles, crying of goods, tiring of guns and pis-
tols, and all other noises, performances and devices tending
to the collection of persons in the streets, or on the side-
walks, by auctioneers or others, for the purpose of business,
or otherwise.
Nuisances. Twenty '-first. To abate and remove nuisances, and punish
the authors thereof by penalties, fine and imprisonment,
and to detine and declare what shall be deemed nuisances,
and authorize and direct the summary abatement thereof.
interments. Twenty-second. To regulate the burial of the dead and
the registration of births and deaths.
CITIES. 40 7
Twenty -third. To appoint watchmen and policemen, and watchmen and
prescribe their powers and duties. police.
Twenty -fourth. To regulate the inspection and measuring wood, hay, coai.
of lumber of all kinds and lirewood. and the weighing of
coal and hay.
Twenty-fifth. To regulate the inspection of flour, meal, Fiour, meai, etc.
pork, beef, and other provisions, as well as whisky and other
liquors in barrels, hogsheads, and other packages.
Twenty-sixth. To appoint inspectors, weighers and gua- inspectors and
gers, and regulate their duties and prescribe their fees.
Twenty-seventh. To regulate the police of said city. Police.
Twenty-eighth. To establish and regulate public pumps, cisterns and
wells and cisterns, hydrants and reservoirs, sewers and
drains, and prevent the unnecessary waste of water.
Twenty-ninth. To establish and regulate public pounds. Pounds.
Thirtieth. To provide for lighting the streets. Lighting streets.
Thirty-first. To provide for inclosing, improving and re- Public grounds,
gulating all public grounds belonging to the city.
Thirty -second. To provide for the prevention and extin- Fires-
guishing of fires ; to organize and establish a fire department
and fire companies, and to regulate and prohibit the erection
of wooden buildings in any part of the city.
Thirty-third. To provide for taking the census of the Census.
city.
Thirty -f mirth. To direct and regulate the planting and Ti-ees.
preserving ornamental trees in the streets and public
grounds.
Thirty -fifth. To borrow money on the credit of the city Borrow money.
and pledge the revenue of the city for its payment, and is-
sue bonds therefor : Provided, the majority of the votes Proviso,
cast at an election, called by the common council to test the
will of the people as to the propriety of such loan, shall be
in favor of such loan : Provided, further, that twenty days'
notice of such election shall be given in the corporation
newspaper, and by posting notices as of other elections.
Thirty-sixth. To do all acts and make all regulations nealth-
which may be necessary for the preservation of health and
the suppression of disease.
Thirty-seventh. To prevent any person from bringing, Nuisances.
depositing or leaving within the limits of said city, or de-
positing or throwing into the -Kankakee river, any dead
carcass, or any other unwholesome or offensive substance,
and to require the removal or destruction by any person
who shall have placed or caused to be placed upon, or near
his premises any such substances, or any putrid or unsound
beef, pork, meat or fish, hides or skins, of any kind, and, on
his default, to authorize the removal or destruction of the
same by some officer of said city.
Thirty -eighth. The common council shall have power to ordinances and
make, publish, ordain, amend and repeal all such ordinan-
ces, by-laws and police regulations, not contrary to the con-
408
CITIES.
Punishment
offenses.
Mills and
ers.
stitution of this state, for the good government and order of
the city and trade and business thereof, as may be neces-
sary 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, ordinances, by-laws,
police and other regulations, made in pursuance of this act,
by penalties, not exceeding one hundred dollars for any of-
of tense against the same. The common council shall also
have power to provide for the punishment of offenders
against the ordinances of said city, by lines and forfeitures ;
and, in all cases, the magistrate or court before whom such
offenders shall be tried shall have power to direct, as part of
the judgment against said offenders, that, in case said offen-
ders shall fail or refuse to pay said lines and forfeitures and
costs, said offenders shall be committed to the county jail of
said Kankakee county, until such fines, forfeitures and costs
shall be paid or until otherwise discharged by due process
of law. Process may be issued immediately by said magis-
trate or court, on rendition of judgment, to enforce pay-
ment of said fines, forfeitures and costs. The keeper of the
county jail shall have the same compensation, per day, for
dieting persons committed to said jail by virtue of this act
or ordinances passed in pursuance thereof, as in criminal
cases, but he shall have no fee for committing or discharging
such person.
ed- Thirty-ninth. The common council shall have power to
authorize the construction of mills and mill races, feeders
and railroads, on and through the streets, avenues and al-
leys, at such places and under such restrictions as they shall
think proper.
CHAPTER V.
FIRE DEPARTMENTS.
Fire limits.
Fire engines.
Chimneys
flues.
ami
§ 1. The common council shall have power, for the pur-
pose of guarding against the calamities of fire, to prescribe
the limits within which wooden buildings shall not be erec-
ted or repaired, without the permission of the common
council, and, generally, to establish such regulations for the
prevention and extinguishment of fires as they may deem
necessary or expedient.
§ 2. The said council shall provide all necessary fire en-
gines and other apparatus for the extinguishment of fires,
and erect suitable engine houses.
§ 3. The said council shall, also, have power to regulate
the construction of chimneys and fire places, places of de-
posit for ashes ; to regulate and prevent the use of fire arms
and fire works, and the erection of manufactories dangerous
in causing fires.
§ 4. To appoint, during pleasure, a competent number
of firemen, who shall, during their term of service as such,
CITIES. 409
be exempt from serving on juries, and, at the option of said
council, may be exempt from working out any road or street
tax.
CHAPTER VI.
OF TAXATION.
§ 1. The common council shall have power and authority Annual tax.
to levy and collect taxes, annually, upon the real and personal
estate within the limits of said city, not exceeding one per
cent., upon the assessed value thereof, and may enforce the
payment of the same in any manner not repugnant to the
constitution and laws of this state ; and, after such taxes are
collected, said council shall pay all general expenses of the
city, and, thereafter, expend in improvements the remainder
of said tax.
§ 2. The said council shall, also, have power, by ordi- special tax.
nance, to levy and collect a special tax on the lots in any
street, lane, avenue or alley, according to their respect-
ive fronts, for the purpose of building sewers, water-
ways, and for paving, flagging, grading or planking any
sidewalk, avenue, or street, to the center of the same, or
lighting such sidewalk, street, avenue or alley ; but the lot
in front of which any such walk, sewer or waterway is
made, shall be taxed to pay at least one-half of the expense
of making such sidewalk, sewer or waterway, and, also,
may, in their discretion, tax the lot in front of which any
street, avenue or alley shall be ordered to be paved, graded
or planked, to the center of the same, at the sole expense of
the lot, in addition to the regular tax, which shall be assessed
and collected in the same manner as other taxes.
§ 3. The common council, by ordinance, may require street labor and
every male resident of the city, over the age of twenty-one
years and under sixty years, to labor, not exceeding three
days in each year, upon the streets, alleys and avenues of
said city, at such time and in such manner as the street com-
missioner may direct ; but any such person may, at his op-
tion, pay, in lieu thereof, one dollar for each day he shall be
so assessed to labor ; and such labor or payment shall be in
lieu of all labor required to be performed upon any road,
street or alley, by any law in this state ; and in default of
the performance of such labor or payment of such money,
the party thus neglecting shall forfeit and pay the sum of
two dollars for each and every day so neglected or refused,
to be paid in labor or money, as aforesaid, to be recovered
by the city before the police magistrate, police justice or
any other justice of the peace of said city.
CHAPTER VII.
OP ASSESSMENTS FOR OPENING STREETS AND ALLEYS.
§ 1. The common council shall have power to open and opening stre ts.
410
CITIES.
Benefits
damages.
and
Notice.
Buildings
streets.
Notice given.
lay out public grounds or squares, streets, avenues, lanes,
alleys and highways, and to alter, vacate, widen, contract,
extend, straighten, grade, pave or otherwise improve the
same, or any part thereof; but no street, alley or highway,
or any part thereof, shall lie discontinued or contracted,
without the consent, in writing, of all persons owning land
or lots adjoining said street, alley or highway. Said coun-
cil shall cause all streets, avenues, alleys and highways or
public squares or grounds laid out by them, to be surveyed,
described and recorded, in a book to be kept by the clerk,
showing accurately and particularly the proposed improve-
ments, and the real estate required to be taken ; and the
same, when opened and made, shall be public streets, ave-
nues, alleys, highways, squares or grounds.
§ 2. Whenever any street, avenue, alley or highway,
public ground or square, is proposed to be laid out, opened,
altered, widened or straightened, by virtue hereof, and the
amount of compensation cannot be agreed upon, the said
council shall give notice of their intention to appropriate
and take the land necessary for the same, to the owner
thereof, by publishing said notice, for ten da}Ts in the cor-
poration newspaper. At the expiration of which time they
shall choose, by ballot, three disinterested freeholders, resi-
ding in the city, as commissioners, to ascertain and assess
the damages and recompense due the owners of said real
estate, respectively; and, at the same time, to determine
what persons will be benefitted by such improvements, 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 alder-
men authorized by law to be elected shall be necessary to a
choice of such commissioners.
§ 3. The commissioners shall be sworn to faithfully and
impartially execute their duties, to the best of their abili-
ties, before entering upon said duties. They shall give at
least five days' notice to all persons interested of thet ime
and place of their meeting, for the purpose of viewing the
premises and making their assessments, which notice shall
be given personally, if the owners are residents and known,
or by publication in the corporation newspaper, if non-resi-
dents of the city or unknown. They shall view the premi-
ses and receive any and all legal evidence, and may, if
necessary, adjourn from day to day.
§ 4-. If there should be any building standing, in whole
or in part, upon the land to be taken, the commissioners,
before proceeding to make their assessment, shall first esti-
mate and determine the whole value of such building to the
owner, aside from the value of the land, and the actual 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' notice shall be given to the own-
CITIES. 411
er of such determination, when known and a resident of
the city, which may be given personally or in writing left at
his or her usual place of abode, if a non-resident or un-
known, like notice to all persons interested shall be given,
by publication in the corporation newspaper. Such notice
shall specify the buildings and the award of the commis-
sioners, and shall be signed by them. It shall also require
the persons interested to appear on a day to be named there-
in, or give notice to the common council of their election
either to accept the award of the commissioners, and allow
such building to be taken, with the land condemned or appro-
priated, or of their intention to receive such building, at the
value set thereon by the commissioners, to remove. If the
owner shall agree to remove such building, he shall have
such reasonable time for that purpose as the said council
may direct.
§ 6. If the owner refuses to take the building at its ap- ™Ing may be
praised value, to remove, or fails to give notice of his inten-
tion, as aforesaid, within the time prescribed, the common
council shall have power to direct the sale of such building,
at public auction, for cash or on credit, giving at least five
days' public notice of such sale. The proceeds of the sale
shall be paid to the owner or deposited to his use.
§ 7. The commissioners shall, thereupon, proceed to Estimate of dam-
make their assessment, and determine and appraise to the
owner the value of the real estate appropriated and the in-
jury arising from the condemnation thereof, which shall be
awarded to such owner as damages, after making due al-
lowance therefrom for any benefit which such owner may
derive from such improvements. In the estimate of dama-
ges to the land, the commissioners shall include the value
of the buildings, (if the property of the owner of the land,)
as estimated by them, as aforesaid, less the proceeds of the
sale thereof; or, if taken by the owner at the value, to re-
move, in that case they shall only include the difference be-
tween such value and the whole estimated value of the
building.
§ 8. If the damage to any person be greater than the Damage greater
benefits received, or if the benefits be greater than the
damages, in either case the commissioners shall strike a
balance, and carry the difference forward to another column,
so that the assessment may show what amount is to be re-
ceived or paid by such owners respectively, and the differ-
ence, only, shall in any case be collected of or paid to them.
§ 9. If the lands and buildings belong to different per- Lands mort-
sons, or if the land be subject to lease or mortgage, the in- s
jury done to such persons, respectively, may be awarded to
them by the commissioners, less the benefits resulting to
them, respectively, from the improvements.
§ 10. Having ascertained the damages and expenses of Dresojrip4ion of
such improvements, as aforesaid, the commissioners shall,
reference.
412 CITIES.
thereupon, apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed benefitted, in proportion to the benefit resulting
from the improvements, as nearly as ma}T be, and shall de-
scribe the real estate upon which their assessments may be
made, when completed. The commissioners shall sign and
return the same to the common council, within thirty days
after such assessment.
\- nttobe § n# The clerk shall give at least ten days' notice, by
published. Vt ,• • ,i • i/i 1 i
publication in the corporation newspaper, that such assess-
ment has been returned, and, on a day to be specified there-
in, will be confirmed by the common council, unless objec-
tions to the same are made by some person interested. Ob-
jections shall be heard before said council, and the hearing
may be adjourned, from day to dsj. The council shall have
power, in their discretion, to confirm or annul the assess-
ment, or refer the same back to the commissioners. If an-
nulled, all the proceedings shall be void. If confirmed, an
order of confirmation shall be entered, directing a warrant
ssment on to issue for the collection thereof. If referred back to the
same or other commissioners, they shall proceed to make
another assessment, and return the same, in like manner,
and give like notices, as herein required in relation to the
first. And all parties interested shall have the like notices
and rights, and the council shall perform like duties, and
have like power, in relation to any subsequent determina-
tion as are herein given in relation to the first.
Removal of ofli- r }o_ ^Jjq common council shall have power to remove
commissioners, and, from time to time, appoint others m
place of such as may be removed, or refuse, neglect, or are
unable, from any cause, to serve.
Lands paid for a 13 iqie \an(\ required to be taken for the making,
before taken. o , . 1 . . »'
opening, widening, straightening or altering any street,
avenue, alley, or highway, or public ground, or square, shall
not be appropriated until the damages awarded therefor to
any owner thereof, under this act, shall be paid or tendered
to such owner or his agent, or, in case such owner or agent
cannot be found within the city, deposited to his, her or their
credit in some safe place of deposit, other than the hands of
the city treasurer; and then, and not before, such lands may
be taken and appropriated, for the purpose required in ma-
king such improvements ; and such streets, avenues, alleys,
or highways, or public grounds, may be made and opened.
when contract § 14. When the whole of any lot or parcel of land or
other premises, under lease or other contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts and engagements between landlord
and tenant, or any other contracting parties, touching the
same, or any part thereof, shall, upon the confirmation of
the report of the commissioners, respectively, cease and be
absolutely discharged.
eers.
CITIES. 413
§ 15. When a part only of any lot, parcel of land or ^en contract
,i° • ll l l l n l- i. i discharged.
other premises, so under lease or contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts, agreements and engagements re-
specting the same, upon the confirmation of the report of
the commissioners, shall be absolutely discharged as to that
part thereof so taken, but shall remain valid as to the residue
thereof. And the rents, consideration and payments re-
ceived, payable and to be paid for or in respect to the same,
shall be bo proportioned as that the part thereof justly and
equitably payable for such residue thereof, and no more,
shall be paid or recovered, in any respect, for the same
§ 1G. Any person interested may appeal from any order Appeals taken.
of the common council for opening, altering, vacating, wi-
dening, contracting, extending or straightening any street,
avenue, alley or other highway or public ground, to the
circuit court of Kankakee county, by notice, in writing, to
the mayor, at any time before the expiration of twenty days
after the passage of such final order. In case of an appeal,
the council shall make a return to the clerk of said court
of all the proceedings had in the matter, within thirty days
after notice thereof; and the court shall, at the next term
after the filing of said return in the clerk's office, hear and
determine such appeal, and confirm or annul the proceed-
ings. Upon the trial of the appeal, all questions involved
in said proceedings, including the amount of damages, shall
be open to investigation by affidavit or oral testimony ad-
duced to the court, or upon application of the city, or anv
party interested in said appeal. The amount of damages
may be assessed by a jury of said court, without formal
pleadings, and judgment rendered accordingly; and the
burden of proof shall, in all cases, be upon the city to show
that the proceedings were in conformity to this act.
§ 17. In all cases, where there is no agreement to the Wh0 to pay a*
contrary, the owner or landlord, and not the tenant or occu-
pant, shall be deemed the person who shall and ought to
pay and bear every assessment made for the expense of
any public improvement. Where any such assessment
shall be made upon or paid by any person, when by agree-
ment 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 or persons bound to pay the same,
the amount so paid, with interest. Nothing herein con-
tained shall in any way impair or affect any agreement be-
tween landlord and tenant or other person respecting the
payment of such assessments.
§ IS. The common council may, by ordinance, make other proceed-
any changes they may deem advisable in the proceedings mgs"
herein prescribed for ascertaining the damages and injury
occasioned to any person or real estate by reason of the
condemnation of such real estate or any real estate upon
414
CITIES.
Property of in-
fant.
which any buildings may bo situated, in whole or in part;
and the assessment of such damages and injury upon per-
sons or real estate benefitted by the improvement, and in
all such other respects as experience may suggest.
§ 19. Where any known owner or other person having
an interest in any real estate, residing in the city or else-
where, shall be an infant, and any proceedings shall be had
under this act, the judge of the circuit court of Kankakee
county, the county judge of said county, or any judge of the
supreme court, may, upon the application of the common
council or such infant or his next friend, appoint a guardian
for such infant, taking security from such guardian for the
faithful execution of such trust; and all notices and process
required by this act shall be served on such guardian.
CHAPTER VIII.
Duty of assessor
Revision of &a-
sessment.
Taxable person-
al estate.
COLLECTION OF TAXES AND ASSESSMENTS.
§ 1. The assessor shall, immediately after his election
or appointment, in each year, proceed to examine and de-
termine the valuation of the taxable real and personal estate
in the city. Schedules of all the taxable real estate in the
city shall, be furnished by the city clerk, to aid him in
the performance of his duties; upon which lie shall enter
his valuation. Said appraisal, together with his appraisal
of all the personal estate, taxable in said city, shall be com-
pleted and filed in the office of the city clerk on or before
the first Monday of August, in each year, unless further
time shall be granted by the common council: and, when
so completed and filed, the said assessor shall fix upon a day
for hearing objections thereto: and the city clerk shall give
notice of the time and place of such hearing, by one week's
publication thereof in the corporation newspaper. Any
person feeling aggrieved by the assessment of his property
may appear at the time specified and make his objections.
§ 2. The said assessor shall appear at the time and place
designated, to receive and correct the assessment. He shall
hear and consider all objections which may be made, and
shall have power to supply omissions in the assessment, and,
for the purpose of equalizing the same, to alter, add to,
take from and otherwise correct and revise the same. The
said assessor may, if necessary, adjourn from time to time,
until his revision shall have been completed.
§ 3. "When said revision shall have been completed, the
city clerk shall enter, under the direction of said assessor,
in one or more books, to be prepared for that purpose, a
complete list of all the taxable real estate in said city, ac-
cording to the schedules as returned and revised by the as-
sessor, showing in a proper column, to be ruled for that pur-
pose, the names of the different owners, so far as known to
the said assessor, and, in another column, the amount of the
CITIES. 415
valuation made in each case. Said books shall, also, have
ruled therein an appropriate column for extending or insert-
ing the amount of the taxes which may be levied upon said
property. Said book or books shall, together, constitute
the tax list of real estate for such year. The city clerk shall
also enter, under the direction of said assessor, in another
book to be prepared for that purpose, a complete list of the
taxable personal estate in said city, as returned and revised
by said assessor, showing, in the proper column, the names
of the different persons whose property has been assessed,
and, in other columns, the valuations made by the assessor.
Said book shall, also, have ruled therein an appropriate
column for extending or inserting the amount of the taxes
which may be levied thereon. Said book shall constitute
the personal tax list for that year. The clerk shall add up
the valuations in each list, and the a^regate amount thereof
shall be entered by him at the foot of the appropriate col-
umn, on the last page. "When the sa:d tax lists shall have
been so completed they shall be signed by the said assessor,
and left in the custody of the clerk, and shall constitute the
only record to be referred to in any case in which the said
assessment may be drawn in question.
§ 4. The common council shall, thereupon, by an ordi- Levy of tax.
nance or resolution, levy such sum or sums of money as
may be sufficient for the several purposes for which taxes
are herein authorized to be levied, (not exceeding the au-
thorized per centage,) particularly specifying the purpose
for which the same are levied.
§ 5. It shall be the duty of the city clerk to estimate the ciei-kto estimate
several taxes levied by said council, computing them to-
gether as one tax, and to insert the total amount of such
taxes in the appropriate column of the several tax lists, op-
posite to the person or property chargeable therewith.
When completed, the clerk shall attach to each of said tax
lists a warrant, under the corporate seal, to be signed by the
mayor and city clerk, directed to the collector, commanding
him to make, levy and collect, as the taxes for such year,
the several sums of money set opposite to the real and per-
sonal estate of persons in said tax lists mentioned and de-
scribed, of the goods and chattels of the respective owners
of such real and personal estate.
§ 6. Said tax lists, with the warrants attached, shall be Tax lists-
delivered to the collector by the clerk, on or before the last
day of October, in each year ; and shall constitute the only
process necessary to be issued for the collection of the an-
nual taxes. The clerk shall take a receipt from the collector
for the said tax lists, specifying the amount of the taxes
levied in each list.
§ 7. When any special assessment shall have been con- sPeCjjtal a3Sess"
firmed by the common council, and no right of appeal there-
from is given by this act, it shall be the duty of the clerk to
416
CITIES.
Appeals.
Warrants for col
lection of tax.
Notice to tax-
payers.
issue a warrant for the collection thereof; which shall be
under the corporate seal and signed by the major and city
clerk, and shall contain a copy of the assessment roll, as
confirmed by the common council, or so much thereof as
describes the real estate assessed and the amount of the as-
sessment in each case. If the right of appeal from the order
of confirmation shall exist in any case, said warrant shall
not be issued until the expiration of the time limited for the
taking of such appeal ; and if in any case, an appeal should
be actually taken, the issuing of the warrant shall be delayed
until after the determination of such appeal.
§ 8. All warrants issued for the collection of special
assessments shall be delivered by the clerk to the collector,
taking his receipt therefor, in the manner prescribed in the
case of warrants for the collection of the annual taxes.
§ 9. Upon the receipt of any warrant for the collection
of the annual taxes, or any special assessment, the collector
shall forthwith give notice, by ten days' publication in the
corporation newspaper, that such warrant is in his hands
for collection, briefly stating its nature, and requesting all
persons interested to make immediate payment at his office,
stating where his office may be found. In said notice he
shall, also, notify all persons interested that after the expira-
tion of sixty days from the day of receiving such list he
will levy upon the personal property of all who shall have
failed to pay, and at the end of sixty days he shall so levy,
if property belonging to such delinquent \ ersons can be
found, and he shall be liable for the amount of their tax in
case of neglecting to do so : and this tax shall be a lien
upon any property the persons so taxed may have, or may
thereafter acquire, until paid. And the collector or his suc-
cessor in office may, at ,any time thereafter, levy for the
same ; but nothing in this section contained shall be so con-
strued as to prevent the collector from levying at any time
after the publication of the ten days' notice above required.
Taxes alien. § 10. All taxes levied by the common council, under
this act, shall be a lien upon the real estate on which the
same may be imposed, and said lien shall continue until said
taxes are paid. Every person owning real property on the
first day of May, including all such property purchased on
that day, shall be liable for the taxes thereon for that year.
The city taxes shall, also, be a lien on the personal property
of all persons owing taxes from and after the delivery of
the warrant for the collection thereof to the collector ; and
no sale or transfer of said property shall affect said lien, but
the said property may be seized by the collector wherever
found, and removed, if necessary, and sold to discharge the
taxes of the person owing the same ; and the same pro-
ceedings may be resorted to by the collector upon any war-
rant issued for the collection of any special assessments.
CITIES. 4:17
§ 11. If, from any cause, the taxes charged in the real Damages when
estate tax list shall not be collected or paid on the lands or lots not pald'
described therein, on or before the first day of January,
ensuing the date of the warrant, it shall be the duty of the
collector to demand and collect, for the use of said city, in
addition to the taxes remaining unpaid, five per cent, dam-
ages thereon in every case ; and if the assessments charged
in any special assessment warrant shall not be paid within
sixty days after the first publication of notice by the col-
lector that he has received such warrant for collection, the
assessments then remaining unpaid shall be collected, with
damages, at the rate of one per cent, thereon, for each and
every month thereafter, until the same shall be paid.
§ 12. It shall be the duty of the collector, between the collector to re-
fifteenth day of January and the last day of February, in tax*
each year, to make a report to the county court of said
county of Kankakee, at any special or general term thereof,
of all the taxes and assessments then remaining unpaid
upon the real estate tax list, and all special assessment war-
rants which were delivered to him on or before the last day
of the preceding October, asking for judgment against the
several lots and parcels of land, or other property described
in such list, or warrants for the amount of taxes, assess-
ments, damages and costs respectively due thereon. The
collector shall give notice, by one week's publication thereof,
in the corporation newspaper, of his intended application
for judgment, which shall briefly specify the nature of the
respective warrants upon which such application is to be
made, and request all persons interested to attend at such
term. The advertisement, so published, shall be deemed
and taken to be sufficient and legal notice of the aforesaid in-
tended application by the collector to such court for judg-
ment, and shall be held a sufficient demand and refusal to
pay the said taxes and assessments.
§ 13. The collector shall obtain a copy of the advertise- coPy of notice,
ment or advertisements referred to in the preceding section,
together with a certificate of the due publication thereof,
from the printer or publisher of the newspaper in which the
same was published, and shall file the same with the clerk
of said court at the said term, with said reports.
§ 14. The clerk of said court, upon the filing of such Record of notice,
reports by the collector, shall receive and preserve the same,
and shall record thereon all judgments, orders and other
proceedings of said court in relation thereto. Each of said
reports shall constitute a separate suit, and shall be docketed
by the clerk in the following form, as nearly as may be, to
wit:
City of Kankakee,)
vs. > Suit for taxes. Form of suit.
aud others.)
41S CITIES.
or, if it be an assessment for some specified improvement,
in the manner following:
City of Kankakee,)
vs. I Suit for assessment on warrants for —
and others.)
or in such other manner as will sufficiently indicate the
nature of the improvements for which the assessment is due.
judgment § 15. ft snau jje the duty of the court, upon the filing
against lands. - ° . . J ' L &
ot said reports, to proceed immediately to the hearing ot
the same ; and they shall have priority over all other causes
pending in said court. The said court shall pronounce
judgment against the several lots and parcels of land or
other property described in said reports, for which no objec-
tions shall be filed, for the amount of the tax or assessment,
damages and costs due, severally, thereon. The owner of
any property described in said reports, or any person bene-
ficially interested therein, may appear at said court, at the
time designated in the collector's notice, and file objec-
tions, in writing, to the recovery of judgment against such
property ; but no objections shall be sustained founded on
any mere formal irregularity or defect. The court shall
hear and determine all objections in a summary way, with-
out pleadings, and shall dispose of the same with as little
delay as possible, consistently with the demands of justice.
But should justice require that, for any cause, the suit as to
one or more owners should be delayed for more than twenty
days, judgment shall then be rendered as to the other prop-
erty and lands, and process shall issue for the sale thereof
the same as in other cases.
order of sale. § i(3. jn q\\ cases where judgment shall be rendered by
default against the property described in said reports, the
court shall thereupon direct said clerk to make out and enter
an order for the sale of the same, which said order shall be
substantially in the following form : " Whereas, due notice
has been given of the intended application for a judgment
against said lands and other property, and no owner hath
appeared to make defense or show cause why judgment
should not be entered against the said lands and other prop-
erty for the taxes, (or assessment, as the case may be,)
damages and costs due and unpaid thereon, therefore, it is
considered by the court that judgment be and is hereby
entered against the aforesaid lots and parcels of land, and
other property, in favor of the city of Kankakee, for the
sum annexed to each lot or parcel of land or other prop-
erty, being the amount of the taxes, (or assessment,) dam-
Lands to be sold, ages and costs due severally thereon. And it is ordered by
the court that the said several lots and parcels of land or
other property, or so much thereof as shall be sufficient of
each of them to satisfy the amount of the taxes, (or assess-
ment,) damages and costs annexed to them, severally, be
CITIES.
419
sold as the law directs." In all cases where a defense shall
be interposed, and judgment shall be rendered against the
property, a similar order, adapted to the circumstances of
the case, shall be made out and entered of record. Ten cost on lands.
cents costs shall be taxed to each lot against which judgment
is rendered ; five cents to be for clerk's and judge's fees, and
live cents for advertising the notice of sa'.e.
§ 17. It shall be the duty of the clerk of said court, ^sola!3"03 t0
within twenty days after such order is granted, r.s aforesaid,
to make out, under the seal of said court, a copy of so much
of said collector's report in such case as gives a description
of the laud or other property against which judgment shall
have been rendered, and the amount of such judgment,
together with the order of the court thereon, which shall
constitute the process on which all lands, lots, sub-lots,
pieces and parcels of land, or other property, shall be sold,
for the amount of any taxes, assessments, damages and costs
so levied, assessed or charged upon them ; and the said
collector is hereby expressly authorized and empowered to
make sale of such lands, lots, pieces or parcels of lands or
other property, upon ten days' notice, to be published at
least once in some newspaper printed in said city.
§ 18. The said advertisement, so to be published in each *£»* contna^ice
case of a judgment upon any general or special collection
warrant and report as aforesaid, shall contain a list of the
delinquent lots and parcels of land or other property to be
sold, the names of the owners, it known, the amount of the
judgments rendered thereon, respectively, and the warrant
upon which the same was rendered, the court which pro-
nounced the judgment, and a notice that the same will be ex-
posed to public sale at a time and place to be named in said
advertisement by said collector. The omission of the name
of any owner or any mistake respecting the same shall not
invalidate the sale, if the property be otherwise described
with sufficient certainty. The proceedings may be stopped,
at any time, upon payment of said judgment to the col-
lector.
§ 19. In all proceedings and advertisements for the col- Lu"esru3sednd fis'
lection of such taxes and assessments, and the sale of lands
therefor, letters and figures may be used to denote lots, sub-
lots, lands and blocks, sections, townships, ranges and parts
thereof, the year and the amounts.
§ 20. The sale shall be made for the smallest portion of Certificate of
ground (to be taken from the east side of the premises) for
which any person will take the same and pay the amount of
the judgment thereon. Certificates of sale shall be made and
subscribed by the collector, which shall be delivered to the
purchaser ; which certificate shall contain the name of the
purchaser, a description of the premises sold, the amount of
the tax or assessment, with the amount of the judgment for
which the same was sold, and the time when the right to
4:20 CITIES.
redeem will expire. The collector shall continue such sale
from day to day, until all the lots or parcels of land or other
property contained in his precept, on which judgment re-
mains unpaid, shall be sold or offered for sale.
Struck oir'hto § 21. The person purchasing any lot or parcel of land
cit7- or other property shall forthwith pay to the collector the
amount of the judgment due thereon, and on failure so to
do the said property shall be again offered for sale, in the
same manner as if no such sale had been made ; and in no
case shall the sale be closed until payment shall have been
made. If no bid shall be made for any lot, parcel of land
or other 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.
Record of sales. § 22. The collector shall make return of his precept to
the court from which the same was issued. A record of
all sales made by the collector shall be kept in the office of
the city clerk, which shall be open to public inspection at all
reasonable times ; and said record, or copies thereof, certified
by said clerk, shall be deemed sufficient evidence to prove
the sale of any land or other property for taxes or assess-
ments or any other fact authorized to be recorded therein.
Eight of re- § 23. The rio-ht of redemption, in all cases of sales for
demption. <-> & . _ I t
taxes or assessments, shall exist to the owner, his heirs, cred-
itors 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
lawful money of the United States, of double the amount for
which the same was sold, and all taxes accruing subsequent
to the sale, with interest at the rate of ten per cent., per
annum. If the real estate of any infant, femme covert or
lunatic be sold, under this act, the same may be redeemed
at any time within one year after snch disability shall be
removed. Redemption shall be made by the pajment of
the amount of redemption money to the city treasurer, and
taking his voucher therefor, and filing the same in the office
of the clerk, who shall thereupon note the fact of said re-
demption upon the record of sales ; or any person holding
a certificate of sale may surrender the same to the clerk, to
be canceled, and the fact shall, in like manner, be noted
Tax deed. upon said record. Upon the return of the certificate, or
proof of its loss, and the filing with the clerk of the affidavit
required by the constitution of this state, if the property
shall not have been redeemed according to law, a deed shall
be executed to the purchaser or his assignee, under the corpo-
rate seal, signed by the ma}Tor and clerk, conveying to such
purchaser or assignee the premises so sold and unredeemed,
as aforesaid. A memorandum of all deeds, so made and de-
livered, shall be entered by the clerk in the book wherein
tax sales are recorded ; and a fee of one dollar may be
CITIES. 421
charged by the clerk for every deed so issued. Other costs
of deed to be paid by purchaser.
§ 21. Such certificate of purchase shall be assignable, by Tax certificates
indorsement ; and an assignment thereof shall vest in the
assignee, or his legal representatives, all the rights and title
of the original purchaser.
§ 25. Whenever it shall appear, to the satisfaction of the Sales in enor-
clerk, before the execution of a deed for any property sold
for taxes, that such property was not subject to taxation, or
that the taxes had been paid previous to the sale, he shall
make an entry opposite to such property on his record of
sales, that the same Avas sold in error, and such entry shall
be evidence of the fact therein stated ; and this provision
shall apply, so far as the same is applicable, to all sales for
special assessments.
8 2(3. All deeds made to purchasers of lots, lands or oth- r,ee<?s . Prinia
° , , „ L i 1 1 i ■ facie evidence.
er property sold tor taxes or assessments, shall be prima
facie evidence, in all controversies and suits in relation to
the rights of the purchaser, his or her heirs or assigns, to
the premises thereby conveyed, of the following facts :
Jf'irst. That the 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 man-
ner required by law.
Second. That the taxes or assessments were not paid at
any time before the sale.
Third. That the land or let conveyed had not been re-
deemed from the sale at the date of the deed.
And shall be conclusive evidence of the following facts :
Tirst. That the land or lot was advertised for sale in the
manner and for the length of time required by law.
Second. That the land or lot was sold for taxes or assess-
ments, as stated in the deed.
Third. That the grantee in the deed was the purchaser.
Tourtfi. That the sale was conducted in the manner re-
quired by law.
And in all controversies and suits, involving the title to Adverse title
the lot or land claimed and held under and by virtue of such
deed, the person or persons claiming title, adverse to the
title conveyed by such deed, shall be required to prove, in
order to defeat the said title, either that the land or lot was
not subject to taxation at the date of the sale, that the taxes
or assessments had been paid, that the land or lot had never
been listed and assessed for taxation or assessment, or that
the same had been redeemed, according to the provisions of
this act, and that such redemption was made for the use and
benefit of the persons having the rights of redemption under
the laws of this state ; but no person shall be permitted 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 or lot at the
One sale for all
taxes.
422 cities.
time of the sale, or that the title was obtained from the
United States or this state after the sale, and that all taxes
due upon the lot or land have been paid by such persons, or
the person under whom he, she or they claim title, as afore-
said ; and no deed of land or other property, sold for the
non-payment of taxes or assessments, shall be questioned in
any suit or controversy, unless the person wishing to con-
test the same shall have tendered or deposited the amount
of the redemption money and interest, as now provided by
the laws of this state in case of sales of real estate for taxes.
^couejtor.11506 § "1 . Any change made in the incumbent of the office
of the collector, during the pendency of any such proceed-
ing, shall not operate to affect or delay the same, but the
successor or successors in office of such collector shall be au-
thorized to do all acts necessary to complete such proceed-
ings, the same as if his predecessor had continued in office.
In case of a vacancy occurring in any such office, the pro-
ceedings shall be prosecuted by the clerk until such vacancy
is filled by election or otherwise.
§ 2S. All sales of property, for the non-payment of taxes
and assessments for any improvement, of what kind soever,
shall be held at the same time with the general sale of pro-
perty for non-payment of city taxes, in each year, unless in
particular cases said sale is stayed or delayed bj examina-
tion or process of lav ; the intent hereof being that there
shall be but one general collection, by sale, of all taxes and
assessments whatsoever, in each and every year; which sale
shall tftke place in the manner hereinbefore provided, and
at the same time in each year: Provided, that in all cases
where judgment shall be delayed, in consequence of any
appeal or the delay of any court in rendering its decision,
such sales may be made at any time after final judgment
shall have been rendered, upon notice to be given, as in
other cases.
officers liable. g 29. Any assessor, collector or other officer who shall,
in any case, refuse or knowingly neglect to perform any
duty enjoined upon him by this chapter, or who shall con-
sent to or connive at any evasion of its provisions, whereby
any proceeding required by this chapter shall be prevented
or hindered, shall, for every such neglect or refusal, be liable
to said city, individually and upon his official bond, for
double the amount of loss or damage caused by such neglect
or refusal, to be recovered in an action of debt, in any court
having jurisdiction of the amount thereof.
§ 30. No assessment of property or charge for taxes or
assessments thereon shall be considered illegal, on account
of any irregularity or informality in the tax lists or assess-
ment rolls, or on account of the assessment rolls or tax lists
not being made, completed or returned within the time re-
quired by law, or on account of the property having been
charged or listed in the assessment or tax list without name
cities. 423
or in any other name than that of the rightful owner ; and
no error or informality in the proceedings of any of the offi-
cers intrusted with the levying and collection of taxes or
special assessments, not affecting the substantial justice of
the tax or assessment itself, shall vitiate or in any way affect
the tax or assessment.
§ 31. If any purchaser of lands, lots or other property, First and second
Bold for city taxes or assessments, shall suffer the same to
be again sold for like taxes or assessments, before the expi-
ration of two years from the date of his or her purchase,
such purchaser shall not be entitled to a deed for the pro-
perty until the expiration of two years from the date of the
second sale, during which time the land, lot or other proper-
ty shall be subject to redemption ; and the person redeeming
shall only be required to pay, for the use of the purchaser
at the first sale, the amount paid for the property and double
the amount paid to the second purchaser, for his use, as in
other cases.
CHAPTER IX.
MISCELLANEOUS AND SUPPLEMENTARY.
§ 1. All actions brought to recover anv penalty or for- s,uIt3> V1 how
o • • -i i i • j ,i t • " l t '' brought.
ieiture incurred under this act, or the ordinances, by-laws or
police regulations, made in pursuance of it, shall be brought
in the corporate name of said city; 'and in such action it
shall be lawful to declare, generally, in debt for such penal-
ty or forfeiture, stating the section of this act or the by-laws
or ordinances under which the penalty is claimed, and to
give the special matter in evidence under it, and execution
may issue immediately, without oath, on the rendition of
judgment.
§ 2. All fines and forfeitures collected for penalties in- fines, when paid
curred within the limits of said city shall be paid into the
city treasury by the officers collecting the same, except
where it is otherwise provided by ordinance.
§ 3. i^o person shall be an incompetent iudge, magis- Jm'ors and wit-
trate, justice, witness or juror, by reason ot his being an in-
habitant of said city, in any action or proceeding in which
said city is a party in interest.
§ 4. Every ordinance, regulation or by-law, imposing ordinance and
° , , j_. ,. ,. ., ° ,. • i ,• /• . l P by-laws to be
any penalty, fine or forfeiture, lor a violation of its provi- published,
sions, shall, after the passage thereof, be published for two
weeks, successively, in the corporation newspaper ; and
proof of such publication, by the affidavit of the printer or
publisher of such newspaper, taken before any person author-
ized to administer oaths, and filed with the city clerk, or
any other competent proof of such publication, shall be con-
clusive evidence of the legal publication and promulgation
of such ordinance or by-law, in all courts and places.
§ 5. All ordinances of the city, when printed and pub-
42-i CITIES.
lished by authority of the common council, shall be received
in all courts and places without further proof.
jurisdiction of § G. The police magistrates or justices elected in said
just city, by virtue of the general laws of this state or of this act,
shall have jurisdiction in any action for the recovery of any
fine or penalty under this act or any ordinance, by-law or
police regulation of the city.
§ 7. Nothing in this act shall be so construed as to oust
any court of jurisdiction to abate or remove nuisances in the
streets or any other part of the city or within its jurisdiction,
by indictment or otherwise.
Fine?, how, re- g 8. Neither the mayor or common council shall remit
any fine or penalty imposed upon any person for the viola-
tion of the laws or ordinances of said city, or release from
imprisonment, unless two-thirds of all the aldermen author-
ized to be elected shall vote for such release or remission.
Chan-re of verme t q j ji cage8 iUK\er the ordinances of said city,
and appeals. i , ' . .. . . -i
changes 01 venue and appeals shall be allowed as in other
cases before justices of the peace. When, in any suit, the
city of Kankakee prays an appeal from the judgment of any
court in this state to a higher court, it shall not be required
to furnish an appeal bond ; nor shall any affidavit of merits
be required of said city, in any suit to which it is a party
defendant, to entitle it to defend the same. No suit shall
be brought against the* city, except in a court of record ; nor
shall any writ of execution be issued for the collection of
any judgment recovered against said city. Said city shall
not be required to give security for costs, on the institution
or after the institution of any suit authorized by it to be
commenced under the provisions of this act.
ordinances in 8 \q \\\ ordinances, by-laws, rules and regulations
force " i Tr
passed by the president and trustees ol the town of Kanka-
kee city, now in force, and not inconsistent with this act,
shall remain and be in full force and effect in said city of
Kankakee, under this act, until altered, modified or repeal-
ed by the common council, after this act shall take effect,
and shall be enforced in the corporate name of said city.
suits and rights, g ] i All actions, rights, fines, penalties and forfeitures,
in suit or otherwise, which have accrued to the town of
Kankakee City, or to the president and trustees of the town
of Kankakee City, shall be vested in and prosecuted by the
corporation hereby created.
property of town ft 12 All property, real, personal or mixed, belonging
vested in city. , c. „'T _ I , •' ' ' L ,. • i , l r
to the town of Kankakee City, or to the president and trus-
tees of the town of Kankakee City, is hereby vested in the
corporation created by this act ; and the officers of said cor-
poration now in office shall, respectively, continue in the
same until superseded in conformity to the provisions hereof,
but shall be governed by this act.
§ 13. This act shall not invalidate any legal act done by
the president and board of trustees of the town of Kankakee
cities. 425
City, or by its officers, nor divest their successors, under this
act, of any rights of property, or otherwise, or liability which
may have accrued to or been created by them prior to the
passage of this act.
§ li. The cemetery lots which have been or may be laid cemetery iota.
out and sold by said city, for private places of burial, shall,
with the appurtenances, forever be exempt from taxes,
assessments, execution or attachment.
§ 15. The common council shall, at least ten days before Annual state-
the annual election, in each year, cause to be published, in ment'
the corporation newspaper, a full and correct statement of
the receipts and expenditures for the current year, together
with the sources from whence the former are derived, and
their mode of disbursement; and, also, a distinct statement
of the whole amount assessed, received and expended, in
the respective wards, for making and repairing roads, high-
ways and bridges, during said year, together with such
information as may be necessary to a full understanding of
the financial affairs of the city.
§ 16. All officers of the city, created conservators of the Arrests with or
peace by this act, or authorized by any ordinance, shall c^ss.0"''
have power to arrest or cause to be arrested, with or with-
out process, all persons who shall break the peace, or threaten
to break the peace, or be guilty of violating an ordinance,
by-law or regulation of said city, commit for examination,
and, if necessary, detain such persons in custody over night
or the Sabbath, in the watch house, county jail, or other
safe place, or until they can be brought before a magistrate ;
and shall have and exercise such other powers, as conserva-
tors of the peace, as the common council may prescribe.
§ 17. All property described in this section, to the extent Property ex-
therein prescribed, shall be exempt from taxation, that is to emp
say:
Jbirst, All public school houses, houses used for public
worship, the books and furniture therein, and the grounds
attached to such buildings, necessary for the proper occu-
pancy, use and enjoyment of the same, and not leased or
otherwise used with a view to profit. All academies, all
endowments made for their support, all buildings connected
with the same, and all lands connected with institutions of
learning, and not used with a view to profit.
/Second. All lands used exclusively as cemeteries or
grounds for burying the dead.
Ihird. All buildings belonging to the city, with the
grounds on which such buildings are erected.
Fourth. All personal property belonging to the corpora-
tion.
§ 18. The common council shall have power to change ward bouna-
the boundaries of the wards created by this act, and to changed*7
create new wards.
—35
426 CITIES.
county supewi- § 19. The mayor shall be, ex officio, a member of the
board of supervisors of said county, and entitled to same
power and compensation as the other members of said
board.
§ 20. The common council shall have power to appoint,
at any time or times, one or more competent persons, to
revise the ordinances of said city, and to fix the compensa-
tion for such revision. All courts shall take judicial notice
of the existence of ordinances, by-laws and resolutions
passed by the common council, the same as if they were
public laws.
style of ordinan- § 21. The style of all ordinances of said city shall be :
" Be it ordained by the Common Council of the City of Kan
kakeeP
Jtiofs of elec" § ^' ^ie aldermen of the several wards shall be judges
of elections for their respective wards, unless different judges
are provided for by ordinance.
Regular meetings § 23. The common council shall meet regularly for the
transaction of business, on the third Monday of April, July,
October and January, in each year, and oftener, if they shall
deem it necessary.
when warrants § 24. Whenever any warrant mentioned in section
est. ' eleven, (11), of chapter three, (3), of this act, shall be pre-
sented to the treasurer for payment, and there are no funds
in the treasury for the payment thereof, the treasurer shall
indorse on such warrant the time of presenting the same,
and the sum of money mentioned in such warrant shall
draw interest at the rate of six per cent,, per annum, until
paid.
Tl!e voted' on t0 § 25- ^lS aCt Slia^ n0t ^G *Q ^"0rCe aS ^G C^arter ot" tne
city of Kankakee, unless a majority of the legal voters of
said city, voting at an election hereinafter provided, shall
cast their votes for the adoption of the same. Said election
shall be held on the last Monday in the month of March, a.
d. 1865, as other elections are now held in said city, upon
notice to be given by the clerk of the present board ; said
notice to be posted up in five public places in said city.
The returns of said election, held as aforesaid, shall be cer-
tified by the officers of the election, and placed on file in
the office of the circuit clerk of said county of Kankakee.
And it shall not be necessary, in any proceeding, either at
law or in equity, to prove that this charter was adopted by
the people, but such proof shall be a matter of defense, in
showing that this charter was not adopted by a vote of the
people, by reference to the returns of the election, as in this*
section provided for. This act shall be a public act, and
shall take effect from and after its passage,
special tax. ^ 20. The common council may, by ordinance, enact
that, in lieu of the provisions of section third, (3), of chap-
ter six, (6), a special tax, not exceeding three dollars each,
may be levied upon all the male residents of the city over
cities. 427
the ago of twenty-one years and under the age of sixty
years, to be collected in the same manner as is herein pro-
vided for the collection of other taxes. The town of Kan-
kakee, or any of its officers, are hereby prohibited from
levying or collecting any road tax within the limits of said
city. Any special election, which may be called under the Elections, where
provisions of this act, to till a vacancy in the office of mayor
or any other general city office in said city, shall be held at
the court house, in said city, or some other convenient place,
to be designated by the common council, instead of being-
held in the several wards, as provided for in other cases of
election under this act.
Approved February 16, 1S65.
Afs ACT to amend an act entitled "An act to extend the limits and amend in force Feb. I5
the charter of tbe city of Knoxville," approved March 4, a. 0. 1S54. lsr'"'-
Section 1. Be it enacted by the People of the Sta'e of
Illinois, represented tn the General Assembly, That the
common council of the city of Knoxville may levy taxes on Tax for schools.
the assessed value of all the real and personal estate in said
city, not exceeding one-half of one per cent, per annum,
for the purpose of maintaining and supporting common
schools in said city, and purchasing books and apparatus for
the use of said common schools; and that said common school houses,
council may levy such additional tax, not exceeding two per
cent., annually, on said real and personal property, as they
may think necessary for the purpose of building and repair-
ing school houses in said city, and for the purpose of beauti-
fying and improving the grounds around said school houses.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
AN ACT to amend an act entitled "An act to charter the city of LaSalle." In force Feb. is
l S05.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
one, of article five, of an act entitled "An act to charter the Amount of tax.
city of LaSalle," be and the same is hereby so amended as
to authorize the city council of said city to levy and collect
taxes upon all property, real and personal, within the limits
of said city, not exceeding three-fourths of one per cent.,
428 cities.
instead of one-half of one per cent., as now provided by-
said section.
Borrow money. § 2. That the city council of said city be and they are
hereby authorized to borrow, (in addition to the money
already authorized by law,) any sum or sums of money, not
exceeding twenty-live thousand dollars, at any rate of inter-
est, not exceeding ten per cent., per annum, in such sums,
from time to time, as the wants of the city shall require ; to
issue the bonds of said city for the payment thereof; the
interest to be paid annually, or semi-annually,' as the coun-
spedaitax. cj[ may ell r^oct ; and that, in addition to the taxes authorized
by this act or the act to which this is an amendment, the
said city council may levy and collect a sufficient sum, as a
special tax, to defray the expenses of such loan ; to pay the
interest on the city indebtedness, already accrued or that
may hereafter accrue; to create a sinking fund, with which
to retire the city indebtedness, and to cover the expenses of
collecting such tax.
Money ,^ how ex- § 3, The money borrowed, as authorized by section two
of this act, shall be expended by the city council of said city
in grading or otherwise improving the streets of said city,
or the roads leading thereto, within two miles of said city;
in building or repairing bridges in said city or on such roads;
in canceling the city indebtedness that may have accrued
prior to the passage of this act; or in purchasing grounds
for city buildings and the erection of such buildings as the
wants of said city may require.
Trains in city. g 4# The c^y COuncil of said city shall have the power
to regulate the rate of speed ot locomotive engines and
i rains of cars on the railroads running through said city,
and to make police regulations concerning the same while
within the limits of said city.
PovVtt"- § 5. The city council of said city, in addition to the
powers already conferred upon them by law, may, at their
option, exercise any or all of the powers, or perform any or
all of the acts that the city council of the city of Spring-
field can or may do by virtue of the act incorporating said
proviso. cJty of Springfield, or the acts amendatory thereto : Provi-
ded, however, that nothing contained in this section shall be
so construed as to allow the city council of said city to bor-
row any greater sum of money than that provided for by
section two of this act.
collection of tax § 6. The city council of said city of LaSalle may make
such regulations and pass such ordinances for the collection
of the general and special taxes, and the assessments of said
city, as they may see proper, not inconsistent with the con-
Tax sales re- gtitution of this state or of the United States ; and to pro-
(lemption from. , , ? r
vide that persons entitled to redeem any lot or tract ot land
sold for any city tax or assessment, shall pay, in order to
redeem the same from such sale, into the city treasury for
the benefit of the purchaser or party entitled thereto, double
cities. 429
the amount for which the same may have been sold, together
with ten per cent., per annum, of interest, on all subsequent
taxes that may have been paid by the party purchasing the
same, his, her or their assigns, from the time such subse-
quent taxes shall have accrued ; to provide for making and city may obtain
issuing deeds to the persons purchasing at sales for the title. °" Ux
city taxes, or their assigns ; to provide that said city
may become the purchaser at sales for city taxes, in case no
person appears to bid for any lot or tract of land offered for
sale ; to provide for issuing deeds to the city for lands and
lots that shall not be redeemed from any such sales to the
city ; and the former action of the city council of said city,
and the ordinances of said city, coming within the scope of
this act, are hereby legalized and approved ; and such ordi-
nances are hereby declared to be in full force and effect, and
shall govern and control the manner of redeeming lands or
lots sold, issuing deeds for the same upon any sale for city
taxes, or assessments, that has been made, or may hereafter
be made, until such ordinances shall be altered, changed, Sa,es in error-
amended or repealed by the city council of said city.
§ 7. That all deeds hereafter made in pursuance of any
ordinance of said city that is now or may be hereafter in
force, for any tract of land or town lot, within the limits of
said city, for the non-payment of any general or special tax
of said city, shall be held to be null and void, if it be shown
that said taxes had been paid before sale, or that such real
estate was not subject to taxation, or that it had been
redeemed from sale, or if the notice required by the consti-
tution was not given, or that the description of such real
estate was not sufficiently definite, and the validity of all
such deeds hereafter made, for real estate sold for the non-
payment of any of the taxes of said city, whether made to
said city or not, shall not be questioned in any suit or con-
troversy in this state for any other cause, unless the party
wishing to contest the same, shall tender to the claimant,
under such tax deed, or deposit in the court in which such
suit is pending, for the use of such claimant, the amount of
the redemption money required by the ordinances of said
city, with ten per cent., per annum, interest thereon, from
the date of such deed to the time of such tender or deposit,
and after such tender or deposit is made, the validity of such
deed may be questioned in the same manner and to the
same extent, as now provided by law.
§ 8. This act to take effect and be in force from and after
its passage, and shall be taken and deemed a public act, and
receive a liberal construction in all courts and places.
Approved February 15, 1865.
4:30
CITIES.
CHAETEK OF THE CITY OF LINCOLN.
In force Feb. 16, AN ACT to change the name of the town of Postville, in Logan county, to
186;i- that of Lincoln, and to incorporate the same, with the town of Lincoln,
into a city.
CHAPTER I.
BOUNDARIES AND TITLE.
Preamble. Whereas the town of Postville and the town of Lincoln,
in Logan county, state of Illinois, have each been duly
incorporated, by different and separate acts of incorpora-
tion; and whereas, said towns being adjoining and con-
tiguous to each other, and the citizens of the respective
places being desirous that the two towns should be united
into one, and be incorporated as a city, and be known as
the " City of Lincoln ; " therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Towns merged, towns of Postville and Lincoln, in Logan county, Illinois,
be and they are hereby merged into one, and be known
and called, hereafter, by the name of " The City of Lin-
coln.''
Boundaries. § 2. Be it further enacted, That the district of land, in
the county of Logan, and state of Illinois, known and de-
scribed as follows, to wit : beginning at the northeast corner
of the southeast quarter of section thirty, (30,) township
twenty (20) north, range two (2) west, of the third principal
meridian; running thence south, on a direct line, to the
southeast corner of section thirty-one, in the same township
and range ; thence running west, on a direct line, to the
southwest corner of the east half of the southeast quarter
of section thirty-five, (35,) in township twenty (20) north,
range three (3) west of the third (3) principal meridian ;
thence running north, on a direct line, to the northeast cor-
ner of the west half of the southeast quarter of section
twenty-six, (26,) in the township and range last aforesaid;
thence running east, on a direct line, to the place of begin-
ning ; be and the same is hereby incorporated and enacted
into a city, by the name of "The City of Lincoln."
Additions. § 3. Whenever any territory or tract of land, adjoining
the said city of Lincoln, shall hereafter be sub-divided in
smaller lots than ten acres, or be laid off in city or town
lots, and duly recorded as is required by law, the same shall
be annexed to and form a part of said city ; and the provis-
ions of this act shall be and they are hereby declared to be
applicable to the same.
Name and style. | 4. That the resident inhabitants of said city shall be
and they are hereby constituted, and shall hereafter con-
tinue, forever, to be a body politic and corporate, by the
name and style of " The City of Lincoln ; " and by that
name shall be known in law, and have perpetual succession ;
CITIES. 431
and may sue and be sued, plead and be impleaded, defend General powers.
and be defended, in all courts of law and equity, and in all
actions of matters, whatsoever; may purchase, receive, hold
and convey real and personal property, and choses in action,
within and without the limits of said city, for the use of the
inhabitants thereof, and may sell, lease, convey and dispose
of the same, for the benefit of said city, or the inhabitants
thereof, and may improve and protect such property ; may
have and use a common seal, and alter the same at pleasure ; seal.
and may do all other acts, as natural persons, which may
be necessary to carry out the powers hereby granted.
§ 5. The city of Lincoln shall be and is hereby divided wards.
into four wards, as follows, to wit :
First vard. All that portion of said city which lies south
and east of the Chicago and Alton railroad, shall be and is
hereby established and denominated the first ward.
Second ward. All that portion of said city which lies
north and west of the Chicago and Alton railroad, and east
of Union street, shall be and is hereby established as and de-
nominated the second ward.
Third ward. All that portion of said city which lies west
of Union street and east of Elm street, shall be and is hereby
established and denominated the third ward.
Fourth ward. All that portion ot said city which lies
west of Elm street shall be and is hereby established and
denominated the fourth ward :
Provided, always, that the city council shall have and they Proviso.
are hereby vested with the power and authority to alter the
wards, and fix the boundaries thereof, and add new wards, New wards,
at any time after the expiration of one year from and after
the passage of this act.
CHAPTER II.
§ 1. The powers of said city shall be vested in a city city officers
council, to be composed of the mayor of said city and two
aldermen from each of the wards thereof. The other officers
of said city shall be as follows, to-wit : a city justice of the
peace, clerk, a treasurer, an assessor, a surveyor, an attor-
ney, a chief and a first and second assistant engineers of the
fire department, a collector, a street commissioner, and a
marshal, who shall be, ex officio, street commissioner and
collector, until such time as the city council shall, by ordi-
nance or otherwise, provide : Provided, that the city council Proviso,
may elect or appoint such other officers of said city as they
may deem advisable, and, by ordinance, prescribe their
powers and duties : And, provided, further, that the city
marshal may appoint a deputy, and be responsible for all his
acts.
432
CITIES.
Wards, how re
presented.
Salaries and fees.
Who
>i
Failure t ; hand
over papers.
Term of office. § 2. All officers elected or appointed under this act. ex-
cept aldermen and the city justice of the peace, shall hold
their offices for one year, and until their respective success-
ors are duly qualified ; and all officers elected or appointed
to fill vacancies shall hold (he offices to which they may be so
elected or appointed only tor the unexpired term thereof, and
until the fjualiiication of their successors.
§ 3. The several wards of said city shall be represented
in the city council by two aldermen from each ward, who
shall be bona fide residents thereof, and shall hold their
offices for two years from the time of their election and until
the qualification of their successors, one of which said alder-
men shall be elected in each ward, as hereinafter provided
for, at each annual election.
§ 4. The emoluments, salaries and fees of all city officers
shall be fixed and regulated by the city council, by ordi-
nance, and the same shall not be changed or altered so as
to affect any officer during the term of his office.
§ 5. Any person qualified to vote at any election held
under this act shall be eligible to any office in said city.
§ 6. If any person, having been an officer in said city,
shall not, within ten days after notification and request, de-
liver to his successor in office all money, property, papers
and effects, of any description, in his possession, belonging
to said city, or appertaining to the office held by him, he
shall forfeit and pay, for the use of the city, the sum of one
hundred dollars, besides all damages caused by his neglect
or refusal so to deliver ; and such successor shall and may
recover possession of the boohs, papers, property, etc., ap-
pertaining to his office, in the manner prescribed by the
laws of this state for the recovery of the possession of per-
sonal property,
conservators of § 7. The mayor and aldermen of said city are hereby
the peace. created conservators cf the peace, within and for said city,
and shall and they are hereby declared to be exempt from all
jury duty, and from the payment of street or poll tax, dur-
ing their continuance in office.
| 8. When a vacancy shall occur in any elective office,
either by a failure of the people to elect, or by the death,
removal or resignation of any incumbent, the city council
shall forthwith declare said office or offices vacant, and order
a new election ; and if, from any cause, there shall not be a
sufficient number of aldermen of the city left to form a
quorum, it shall be the duty of the clerk to order such elec-
tion.
§ 9. In case of a vacancy occurring in the office of
mayor, or if the mayor is unable to perform the duties of
his office, by reason of temporary absence or sickness, the
city council shall appoint, by ballot, one of their number to
act as mayor, whose official designation shall be, " acting
mayor ; " and the alderman so appointed shall be and he is
Vacancy,
filled.
how
Acting mayor.
CITIES.
43<
hereby vested with all the powers, and shall perform all the
duties and be subject to all the liabilities of the major, un-
til the major shall resume the duties of his office, or the
vacancy be filled bj a new election.
§ 10. Whenever a vacancy shall occur in the office of v^°cy> how
any person elected or appointed by the city council, by
death, resignation, or from any other cause, the city council
shall immediately declare such office vacant, and fill the
same, by a new election or appointment.
§ 11. Any person elected to any office under this act p;e™?,;'a'3 rrom
may be removed from such office by a two-thirds vote of all
the aldermen of said city ; but no person shall be so re-
moved, except for good cause, nor until first furnished with
the charges preferred against him, and heard in his own de-
fense ; and the city council shall have the power to compel
the attendance of witnesses and the production of papers.
for the purpose of such hearing, and shall proceed, in sum-
mary manner, to hear and determine the merits of the case ;
and if such officers shall refuse or neglect to appear, at the
time appointed by the council for a hearing, and neglect to
make answer to the charge or charges preferred against
him, the council may declare his office vacant ; and the city
council may suspend any officer until the final disposition of
the charges preferred : Provided, that the provisions of this Proviso,
section shall not apply to officers appointed under this act
by the city council. Such officers may be removed, at any
time, at the discretion of the council, by a two-thirds vote of
all the aldermen.
§ 12. All persons elected or appointed to office, under constitutional
this act, shall, before they enter upon the duties of their re-
spective offices, take and subscribe the oath of office pre- .
scribed in the constitution of this state, and, within ten days
after notice of such election or appointment, file the same,
duly certified by the officer before whom it was taken, with
the clerk of the city ; and any person neglecting so to do
shall be considered as having refused to accept the office,
and such [office] may be immediately declared vacant.
The mayor, before entering upon the duties of his office,
shall, in addition to the above oath, make oath or affirma-
tion that he will devote so much of his time to the duties of
his office as an efficient and faithful discharge thereof may
require.
| 13. All persons elected or appointed, under this act, Bonds of officer
to the office of city justice of the peace, clerk, treasurer,
marshal, collector, and street commissioner, shall, before
they enter upon the duties of their respective offices, seve-
rally execute to the city of Lincoln a bond, in such sum and
with such sureties as the city council shall approve, condi-
tioned that they shall faithfully execute the duties of their
respective offices and account for any and pay over all
moneys and other property belonging to said city, received
434: cities.
by them ; which said bonds, with the approval of the city
council certified thereon by the clerk, shall be filed with trie
proviso. clerk : Provided, that the city council may, at their discre-
tion, require bonds of any and all other officers of said city;
and that no member of the city council shall be received as
surety upon any official bond.
CHAPTER III.
ELECTIONS.
Annual election. § \% An annual election for all the officers of said city,
required to be elected by this act or by any ordinance of
said city, shall be held in each of the wards of the city on
the second Monday in March, in each year, at such place as
the city council may appoint. Six days' previous public
notice of the time and place of holding such elections shall
be given by the clerk, by posting up notices of the same in
three public places in each ward, or by advertising the same
in the newspaper authorized to publish the ordinances of
said city,
officers elective. § 2. At such annual elections there shall be elected by
the qualified voters of said city a mayor, a treasurer, in the
city and one alderman in each ward, and the person receiv-
ing the highest number of votes for either of said offices
shall be declared elected.
Tie vote, hew § 3. When two or more candidates for an elective office
shall receive an equal number of votes, the election shall be
determined by the candidates casting lots in the presence
of the city council.
Judges of dec- § 4. The judges of election, after the first election under
this charter, shall consist of the two aldermen of the ward,
who shall choose some qualified voter of the ward to act
with them as judge of such election ; and the three judges
thus selected shall choose two qualified voters of the ward
to act as clerks of election. If either or both the aldermen
shall be absent at the time appointed for the opening of the
polls, or if either or both the aldermen being present are
candidates for any city office at such election, or refuse to
act, the voters of the ward present shall elect one, two, or
three of their number, as the case may be, to act as judge
or judges, who shall select the clerks, as hereinbefore pro-
proviso, vided for: Provided, that no person holding any city office,
or who is a candidate for any city office, shall act as clerk of
any election.
°aand ciefiksUdges § 'y' ^ne judges and clerks of all elections held under
this act, shall take the same oath, and have the same powers
and authority as judges and clerks of general state elections
have ; and the manner of voting at, conducting and contest-
ing said elections, the opening and closing of the polls, the
keeping of the poll lists, canvassing of the votes and certify-
ing the returns, shall be the same, as nearly as may be, as
decided.
cities. 435
at genera! state elections. The returns, certified as above,
shall be sealed and returned to the city clerk, within three
days after the election, and thereupon the city council shall
meet and canvass the same, and declare the result of the
election. It shall be the duty of the city clerk to notify all
persons elected or appointed to office of their election or ap-
pointment.
§ 6. All officers of said city whose election is not espe- officers appoint-
cially provided for by this act, shall be appointed by the
city council, by ballot, at their first meeting after each an-
nual election, or as soon thereafter as practicable.
§ 7. Any and all persons qualified to vote at general Qualified voters
state elections, who shall at the time be an actual and hoaa
fide domiciled resident, of said city, and of the ward wherein
he or they propose to vote, shall be entitled to vote at the
first election held under this act ; and any person qualified
to vote at general state elections, who has been an actual
residei id city for six months, and of the ward for ten
days immediately preceding any election, shall be entitled
to vote at any election held under this act after the first one :
Provided, that such person, if required to by any judge of Proviso.
election, or qualified voter of said city, shall take the follow-
ing oath, to wit : " I do solemnly 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 this state at the time of
the adoption of the constitution thereof), and have been a
resident of this state one year, and a resident of this city six
months next preceding this election, and am now and have
been for ten days last past, such resident of this ward, and
have not voted at this election:" Provided, further, that Proviso 2.
when the vote of any one is challenged by any legal voter
of said city, before voting, in addition to such oath, he shall
be required to prove the facts of his residence, provided for
in the general election laws of this state.
§ 8. All special ejections shall be held and conducted in special elections
the same manner as annual elections, and public notice of
holding the same shall be given by the clerk, in the same
manner as herein -provided to be given of annual elections.
^ 9. No qualified voter of said city shall be subject to Arrest of legal
arrest, upon any civil process, within said city, upon the day a^day! e
upon which any election is being held in said city ; and all niegai voting.
persons illegally voting at any election held under this act,
or any of the ordinances of the city, shall be prosecuted and
punished in like manner, and to the same extent, as any
person may be by the laws of this state for illegal voting at
general state elections.
436 cities.
CHAPTER IV.
POWERS AND DUTIES OP OFFICERS.
Powers of mayor § 1. The may or shall be the chief executive officer of
the city and conservator of the peace therein, and shall have
for that purpose, and especially for the suppression of riots
and tumults within the limits of said city, all the powers of
the sheriff of the county of Logan, including the authority
t ) raise the power of the county; which authority shall be
obeyed in the same manner and under the same penalties as
thai of sheriffs in like cases. He shall also have all the
power necessary to the dua execution of the ordinances of
the city, when in such ordinances he shall be directed to ex-
ecute the same.
Duty of cierb. § 2. The clerk shall keep the corporate seal and all pa-
pers and books belonging to the city. lie shall be, ex officio,
clerk of the board of the city council, and as such shall keep a
. . nd complete record of all their proceedings, and copies of
all papers duly filed in his office, and transcribe [transcripts]
from the journals of the proceedings of the city council, cer-
tified by him, under the corporate seal, shall be admitted as
evidence in all courts of this state, in like manner and to
the same extent as the original. It shall also be the duty
of the clerk to receive all moneys paid to the city, keep an
accurate account thereof, in appropriate books, provided for
that purpose ; to pay over the same to the treasurer as fast
as received by him, taking the treasurer's receipt for the
same, and charging him therewith. The clerk shall draw all
orders on the treasurer and countersign the same, and keep
an accurate account thereof in a book provided for that pur-
pose. He shall keep an accurate [account] of all the receipts
and expenditures of the city, in such a manner as the city
council may direct, and he shall, within thirty days after each
annual election, make out a full report of all such receipts
and expenditures for the year next preceding, which, when
approved by the city council, shall be published in the city
newspaper authorized to publish the ordinances of said city.
The clerk shall also have power and authority to administer
all oaths required by this act to be taken.
Duty or trea- R 3. The treasurer shall receive from the city clerk all
moneys belonging to the city, giving his receipt therefor,
and pay the same out on orders signed by the mayor or pre-
siding officer of the council, and countersigned by the clerk ;
of all which he shall keep a full and accurate account. No
moneys shall be drawn from the treasury except in pursu-
ance of a vote of the council, and an order on the treasurer,
duly signed by the mayor or presiding officer of the council,
and countersigned by the clerk ; which said order shall
specify for what purpose the same is to be paid. It shall be
the duty of the treasurer to exhibit to the city council, at
least twenty days before each annual election, and after if
surer.
cities. 437
required, a full and detailed account of all moneys he has
received and paid out since the date of the last annual or
other preceding* report.
§ 4. The assessor shall perform all the duties in relation Duty of assessor.
to assessing of property, for the purpose of levying the taxes
imposed by the city council, as hereinafter provided.
§ 5. The collector shall collect all taxes and assessments Duty of collector
which may be levied or assessed by the city council, and
perform such other duties as may be prescribed by this act,
or by any ordinance of the city.
§ 6. The surveyor shall have the sole power, under the Duty of surveyor
direction and control of the city council, to survey within
the city limits, and shall be governed by such rules and
ordinances as the city council shall adopt, in the making of
plats and surveys, within the city limits; he shall have the
same powers as are given by law to county surveyors, and
the like effect and validity shall be given to his acts, and all
plats and surveys made by him, as are now or may hereaf-
ter be given by law to the acts, plats and surveys of county
survey ors.
§ 7. The attorney shall conduct ail actions at law, or in Duty of attorney
equity, to which said city may be a party, or in which the
city is in any manner interested, and in general act as legal
counsellor of the city.
§8. The marshal shall, within the limits of said city, have - - i.
the same powers and authority which a constable has under
the statutes of this state. He shall be a conservator of the
peace within said city, and for the suppression of riots or
affrays, shall have the same power and authority, as is given
by this act to the mayor of said city, and shall perform such
other duties as the council may by ordinance prescribe.
§ 9. The engineers of the fire department shall perform Engineers.
such duties and be subject to such liabilities as the city
council may prescribe.
10. The street commissioner shall, under the direction street commis-
and order of the city council, superintend the opening of sloner"
streets and alleys, and the grading, improving and repair-
ing of the same, the construction and repairing of bridges,
culverts, sewers, crosswalks and sidewalks, and such other
duties as this act, or the city council, may prescribe.
§ 11. The city council shall have the power to require other duties,
further and other duties of all officers elected or appointed
under this act or the ordinances of the city not conflicting
with the duties herein specially set forth.
§ 12. All officers excepting the mayor and aldermen, officers ^ com-
shali, before entering upon the duties of their respective
offices, be commissioned by warrant under the corporate
seal, signed by the mayor or presiding officer of the city
council and countersigned b}T the clerk.
§ 13. The city justice of the peace shall hold his office Term of office of
for the term of four years, and until his successor shall be pUCaCe?s
438 cities.
duly elected and qualified. He shall be commissioned by
the governor, and shall give bond and qualify as other jus-
jurisdiction. tices of the peace, and he shall have and exercise the same
powers and jurisdiction conferred upon other justices of the
peace by the laws of this state, and shall have exclusive ju-
risdiction in all cases arising under this act or any city ordi-
nance, where the amount claimed does not exceed one hun-
Proviso. dred dollars : Provided, that in case of the absence or ina-
bility of the city justice of the peace to act, then any and all
actions, arising under this act, may be instituted and prose-
Montwy report, cuted before any other justice of the peace of Logan county.
The city justice of the peace shall make out and file [with] the
city clerk once in each month, a report showing the name
of all persons against whom judgment may have been ren-
dered in favor of the city, the amount and date thereof, also
the amount paid into his hands.
CHAPTER V.
CITY COUNCIL, ITS POWERS AND DUTIES.
Month!;,- meet- § 1. The city council shall hold one stated meeting in
each month in each year, and the mayor and two aldermen
may call special meetings, by notice to each member served
personally or left at his usual place of residence or business.
Such meetings may be held at such times and places within
the city as the city council may determine.
Acting mayor. § 2. The mayor, when present, shall preside at all
meetings of the city council, and shall [have] a casting vote
only. In his absence the city council shall appoint one of
their number to preside. A majority of the aldermen au-
thorized to be elected by this act shall constitute a quorum
for the transaction of business, but a less number may meet
and adjourn from day to day, and compel the attendance of
absent members, imposing such penalties for non-attendance
as they may deem advisable.
JkeTal t0 be § ^" ^ne c^.y council shall keep a journal of its pro-
ceedings, and shall have power to determine the rules of
its proceedings, punish its members for disorderly conduct,
and, with the concurrence of two-thirds of its members, ex-
pel a member.
Elections. § 4. The city council shall judge of the election and
qualification of its own members, and shall have the man-
agement and control of the finances, and all the property,
real, personal and mixed, belonging to the said city of Lin-
coln, and shall likewise have power, by ordinance,
Borrow money. Fi/rst. To borrow money on the credit of the city, and
issue the bonds of the city therefor : Provided, that no sum
or sums of money shall be borrowed at a greater rate of
interest than ten per centum per annum, nor shall the interest
on the aggregate of all the sums borrowed and outstanding,
ever exceed one-half of the city revenue accruing from taxes
cities. 439
assessed on real and personal property within the limits of
said city.
Second. To appropriate money, and provide for the pay- Debts and ex-
n i t i r i 1* a.1 -i. penses.
ment ot the debts and expenses oi the city.
Third. To make all needful rules and regulations to pre- Diseases,
vent the introduction and spread of infectious or contagious
diseases within the city.
Fourth. To establish hospitals and make regulations for Hospitals.
the government of the same.
Fifth. To tax, license, regulate or prohibit the selling or Licenses.
giving away of any wine or other liquor, whether vinous,
spirituous, malt, mixed or fermented, by any person.
Sixth. To prohibit the selling or giving away of any giving away
i , . . B -,. D ~ «'.... •* liquor to cinid-
ardent spirits or other intoxicating liquors, to any child, ap- reu prohibited.
prentice or servant, without the consent of his or her pa-
rent, guardian or master.
Seventh. To license, tax, regulate or prohibit billiard or Billiard tables,
bagatelle tables, pin alleys, nine or ten pin alleys, and ball
alleys, or other gaming tables or alleys.
Eighth. To tax, license, regulate or suppress hackmen, pf"^e" aBd
draymen, carters, porters, omnibus drivers, cabmen, pack-
ers, carriers, and all others who may pursue like occupa-
tions, with or without vehicles, and prescribe their compen-
sation.
Ninth. To tax, license and regulate auctioneers, distilie- Breweries, etc,
ries, brewers and pawnbrokers.
Tenth. To license, tax or regulate, or suppress, hawk- Peddlers.
ers and peddlers.
Eleventh. To license, tax, regulate or prohibit all exhi- Shows-
bitions of common showmen, shows of every kind, concerts,
or other musical entertainments by itinerant persons or
companies, exhibitions of natural or artificial curiosities,
caravans, circuses, theatrical performances, and all other
exhibitions or amusements.
Twelfth. To authorize the mayor or other proper officer
of the city to grant [and] issue licenses for any or all of the
above purposes, and direct the manner of issuing and regis
tering the same, and the fees to be paid therefor : Provided, rrovis(>'
that no license shall be granted for a longer time than for
one year, nor for a sum less than three nor more than five
hundred dollars: And, provided, further, that no license Frovis0'2
shall be granted for the selling or giving away of any wines
or other liquors, whether ardent, vinous or fermented, either
at wholesale or retail, or in any quantities, either by inn-
keepers or any other person or persons, as aforesaid, for a
less sum than twenty-five dollars, and then, and in that
case, a bond with sureties to be approved by the city coun-
cil, shall be taken, binding the person or persons receiving
such license to a due observance of the laws and ordinances
of the city regulating such matters.
440
CITIES.
To abate nuis-
ances.
Tanneries, etc.
City buildings.
Public grounds.
Powder.
Sidewalks.
Drains and sew
CIS.
Sidewalk re
pairs.
Ice and snow.
Shade trees.
Thirteenth. To suppress, restrain and prohibit all de-
scriptions of gaming, and fraudulent devices, and all playing
of dice, cards and other games of chance, with or without
betting; all disorderly houses and groceries, houses of ill-
fame, billiard tables, or nine or ten pin alleys, or other
tables or alleys, and to authorize the destruction and demol-
ishing all instruments and devises used for the purpose of
gaming.
Fourteenth. To compel the owner or occupant of any
grocery, 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 necessary for the health,
comfort and convenience of the inhabitants of the city.
Fifteenth. To direct the location and management of,
and regulate breweries, tanneries, and packing houses,
brick yards, and to direct the location, management and
construction of. and regulate, restrain, abate or prohibit,
within the city, distillerks, slaughtering establishments, es-
tablishments for steaming or rendering lard, tallow, boiling
offal and such other substances as can or may be rendered ;
and all establishments or places where any nauseous or
offensive, or unwholesome business maybe carried on.
Sixteenth. To erect market houses and to establish mar-
kets and market places, and provide for the government and
regulation of the same.
Seventeenth. To provide for the erection of all needful
buildings for the use of the city.
Eighteenth. To provide for inclosing, improving and or-
namenting all public aTOunds belonging to the city.
Nineteenth. To direct the location and management of
houses for the storing of gunpowder, tar, pitch and rosin,
and other combustible materials, or prohibit the same.
Twentieth. To prevent the encumbering of the streets,
sidewalks, alleys and public grounds of the city, with any
article or substance whatever.
Twenty-first. To cause cross and sidewalks, main drains
and sewers, private drains and aqueducts, to be constructed
and laid, relaid, cleansed and repaired.
Twenty -second. To cause all owners or occupants of
premises, to build sidewalks and keep the same in repair, in
front of said premises, and when not built according to the
orders of the city council, to build and repair the same,
and assess the costs thereof against said premises, and col-
lect the same as other city taxes are collected.
Twenty-third. To compel all persons to keep the snow,
ice, dirt, and all other rubbish, from the sidewalks in front
of the premises owned or occupied by them.
Twenty-fourth. To direct and regulate the planting and
preserving of ornamental and shade trees in the streets,
alleys and public grounds.
CITIES. 441
Twenty -fifth. To iill up, drain, cleause, alter, relay, re- FMinS lots.
pair and regulate, any lots, blocks, grounds, yards, barns,
slips, cellars, and private drains, sinks, and privies, direct
and regulate their construction, and cause the expenses to
be assessed on the premises benefitted thereby, and collect
the same, in the same manner as other city taxes.
Twenty-sixth. To prevent horse racing and immoderate Fast driving,
riding or driving, in the streets, lanes, avenues, or alleys, or
in any other part of the city, and to punish or prohibit the
abuse of animals, and to regulate the speed of railroad
trains within the corporate limits of the city.
Twenty-seventh. To compel persons to fasten their hor-
ses, oxen, or other animals while standing or remaining in
the streets, lanes, avenues or commons of the city.
Twenty-eighth. To prevent any obscene or indecent exhi- obscenity,
bitions, exposures or conduct, or the use of abusive or pro-
fane language.
Twenty -ninth. To restrain and punish vagrants, mendi- vagrants and
•f . , , L O ' beggars.
cants, street beggars and prostitutes.
Thirtieth. To restrain, regulate, or prohibit the running stock at large,
at large of cattle, horses, asses, mules, swine, sheep, goats
and all kinds of animals, and to authorize the distraining,
impounding and sale of the same for all penalties and costs
incurred.
Thirty-first. To prevent or regulate the running at large Dogs,
of dogs, and to authorize the destruction of the same when
at large.
Thirty -second. To prevent or regulate the rolling of H<>°ps and kites,
hoops, playing of ball, flying kites, or any other .amusement or
practice having a tendency to annoy persons passing in the
streets or on the sidewalks, or to frighten teams or horses.
Thirty-third. To prevent the ringing of bells, blowing Ben ringing,
of horns and bugles, crying of goods, and all other noises,
performances and devices tending to the collection of per-
sons on the streets or sidewalks, by auctioneers or others, for
the purpose of business, amusement, or otherwise.
Thirty -fourth. To provide the city with water for public cisterns and wa-
use, and to erect hydrants, cisterns, and public wells and
pumps.
Thirty-five. To prevent the dangerous construction and chinmeys.
condition of chimneys, fire-places, hearths, ovens, stoves, stove
pipes, engines, boilers, and other apparatus used in and
about any building or manufactory, and cause the same to
be removed and placed in a safe and secure condition, when
considered dangerous.
Thirty-sixth. To require the inhabitants to provide as Fire buckets,
many fire buckets, and in such manner and time as they
shall be kept, and to regulate the use of them in times of
fire.
Thirty-seventh. To regulate or prohibit the use of fire- Fireworks and
arms, and all kinds of fireworks. asms'
—36
442
CITIES.
Scuttles and lad-
ders.
Fire engines.
Fire companies.
Fire wardens.
Lights.
Fees of jurors
, and witnesses.
Thirty '-eighth. To compel the owners or occupants of
houses and other buildings, to have suitable scuttles in the
roof, and stairs or ladders leading thereto.
Thirty-ninth. To provide for the prevention and extin-
guishment of fires, to procure fire engines and other fire ap-
paratus, and to appoint, organize and equip fire, hook and
ladder, hose, bucket and axe companies, and prescribe their
powers and duties.
Fortieth. To authorize the major, aldermen, fire wardens
and other officers of said city, to keep away from the
vicinity of any fire, all idle and suspicious persons, and to
compel all officers of said city, and all other persons, to aid
in the extinguishment of fires and preserving of property.
Forty-first. To establish bridges, erect and keep the
same in repair.
Torty -second. To provide for lighting the streets and
erecting lamp posts.
Forty-third. To establish, regulate and appoint police-
men and night watches, and prescribe their powers and duties.
Forty-fourth. To provide for taking the enumeration of
the inhabitants of the city.
Forty ■'fifth To fix the compensation and regulate the fees
of jurors, witnesses, and others, for services rendered under
this act, or other ordinances, not otherwise specially pro-
vided for.
wood, hay, coai. Forty -sixth. To regulate the measuring of wood, and the
weighing and selling of coal and hay, and the place and
manner of selling the same.
inspectors, etc. Forty-seventh. To appoint inspectors, weighers and gang-
ers, and regulate the duties and prescribe their fees.
Nuisance. Forty-eighth. To declare what shall be deemed a nui-
sance, and to abate the same, and to do all acts and make
all regulations which may be necessary for the preservation
of the public health.
Forty-ninth. To authorize the taking up and provide for
the safe keeping and education of all children who are desti-
tute of parental care, wandering about the streets, committing
mischief, and growing up in mendacity, ignorance, idleness
and vice.
Fiftieth. To erect, govern and control and provide for the
maintenance of all necessary alms and pest houses, and
houses of correction and punishment.
Fifty-first. The city council shall have power to make,
publish, ordain, amend and repeal all such ordinances, by-laws
and police regulations as may be necessary for the good
government and order of the city, and the trade and com-
merce thereof, and to enforce the same by fine or imprison-
ment, or both : Provided, such fine shall not exceed one
hundred dollars, and such imprisonment shall not exceed
six months for one offense.
Poor children.
Alms and pest
houses.
Ordinances and
by-laws.
cities. 443
Fifty-second. The city council shall also have power, by street work.
ordinance, to compel offenders, at not less than one dollar
per day, to work out their fines and the costs in a city public
workhouse or the streets, or other public works of the city,
upon failure or refusal to pay the fine or penalty imposed,
and may pass all necessary ordinances for that purpose, and
for their sate keeping while so working out the same.
Fifty-third. The city council shall also have power to Riots and rout*
prevent and punish riots, routs, affrays, assaults, assaults and
batteries, breaches of the peace, disturbance of worshipers,
assemblies or deliberations, or proceedings of public meetings,
disorderly interruptions of any public lecture or licensed exhi-
bition, all indecent or obscence exhibitions or practices, and
other disorderly conduct within the limits of said city.
CHAPTER VI.
REVENUE — ASSESSMENT AND COLLECTION.
§ 1. The city council shall have power and authority to Annual tax.
levy and collect, annually, taxes not exceeding twenty mills
on each dollar of the assessed value of all property, real,
personal, or mixed, whether belonging to individuals or
corporations in said city, which is now or which may here-
after be subject to taxation for state or county purposes,
which taxes shall constitute a general fund.
§ 2. The city council shall have power to provide, by Levy of tax.
ordinance, for the assessment, levy and collection of taxes, in
pursuance of the foregoing section of this charter, and shall
have full power and authority to provide, by ordinance, for
obtaining of judgments for delinquent taxes, and the adver-
tisement and sale of property, real and personal, for such de-
linquent taxes, and the conveyance and confirmation of titles
thereto, not inconsistent with the constitution of this state.
CHAPTER VII.
STREET AND POLL TAX.
§ 1. Every able bodied male inhabitant residing within street labor.
the limits of the city of Lincoln, except such as are ex-
empted by this act, between the ages of twenty-one and
sixty years, shall labor three days in each year upon the
lanes, streets and alleys of said city, but any person may at
his option, pay, in lieu thereof, to the street commissioner,
three dollars : Provided, the same shall be paid on or be- Proviso,
fore the first day of the three days upon which he may be
notified to labor, as aforesaid, by the street commissioner.
In default of payment or labor, as aforesaid, the sum of four
dollars and fifty cents may be collected, and no offset be
allowed.
§ 2. It shall be the duty of the street commissioner to street tax.
.ieport to the city council the name of every person who shall
444 CITIES.
neglect or refuse to labor or pay, as aforesaid, within thirty
days after such neglect or refusal, together with the time
and manner of notification, and the city council shall forth-
with pass an order authorizing and directing that a warrant
shall issue, signed by the mayor, or acting mayor, and city
clerk, with the corporate seal attached thereto, directed to
the marshal, commanding him to collect said sum of four
dollars and fifty cents, with costs, of each and every indi-
vidual whose name shall appear upon the list returned by
the street commissioner as having so refused or neglected to
pay or labor. The oath of the street commissioner shall be
deemed a sufficient evidence of the notice required by this
chapter.
Poii or street § 3. The city marshal is hereby authorized and empow-
ered and required, after receiving said warrant, to collect
said poll or street tax in the same manner and with the same
authority, and with the same costs and charges, as is given
by this act to collectors to collect other taxes of the city.
street tax, how § 4, All money collected for poll or street tax, either by
the street commissioner or marshal, shall be immediately
paid over to the city clerk, the clerk giving his receipt
therefor, and entering the same upon the city books.
widening and g 5. The city council shall have power to establish,
open, vacate, alter, widen, extend, straighten, grade, pave,
plank, or otherwise improve and keep in repair streets,
alleys and avenues in said city.
Land taken for § Qm When it shall be necessary to take private property
for opening, widening or altering any public street, lane,
avenue or alley, the city shall make a just compensation to
the person or persons whose property is taken, and if the
amount of such compensation cannot be agreed on, the city
council shall cause the same to be ascertained by a jury of
Proviso. six disinterested freeholders of the city : Provided, that
when all the owmers of all the property on a street, lane or
avenue or alley, proposed to be opened, widened, or altered,
shall petition therefor, no compensation shall be made to
those of them whose property shall be taken.
venire for jury. § 7. The venire for a jury, in any case under this chap-
ter, shall be issued by the city clerk, directed to the mar-
shal, who shall execute and return the same, with his
indorsement thereon, how and in what manner he served the
same.
inquest of jury. § 8. All persons empauueled to inquire into the amounts
of benefits or damages which shall happen to the owner or
owners of property proposed to be taken for opening,
widening, or altering any street, lane, or alley, shall first be
sworn to that effect, and shall return to the city clerk their
inquest, in writing, signed by each person.
Beneets and | 9. In ascertaining the amount of compensation to be
made to the owners of any property taken for opening,
widening, or altering any street, lane, avenue, or alley, the
cities. 445
jury shall take into consideration the benefit, as well as the
injury, accruing to such property, or the owner thereof.
§ 10. The city council snail have power, for good cause New inquest,
shown, within thirty days after any inquest shall have been
returned as aforesaid, to set the same aside and cause a new
inquest, and any property owner who may feel himself ag-
grieved by the finding of the inquest, may, at any time,
within thirty days, take an appeal therefrom to the circuit
court of Logan county, by entering into a good and suffi-
cient appeal bond, signed by one or more sureties, to be ap-
proved by the officer taking the same, before the clerk of the
said circuit court, conditioned for the payment of all costs in
said cause and such damages as the court may award, in
case such appeal is not prosecuted with effect and without
delay, and that such appeal shall be tried by a jury, under
the order and direction of the circuit court, as other common
law causes are disposed of.
§ 11. The public roads within the limits of said city Roads> streets-
shall be considered and treated as streets.
§ 12. The city council shall have power, by ordinance, fecial tax.
to levy a special tax on the lands or lots situated on any, or
part of any, street, avenue, lane, or alley, according to their
respective fronts, for the purpose of paving, grading, plank-
ing, or lighting said streets, Lnes, alleys, or avenues, in
front of the same, and collect said tax in the same manner
as other city taxes are collected : Provided, that such Proviso,
streets, alleys, or avenues, are situated in improved and in-
habited parts of the city.
CHAPTER VIII.
MISCELLANEOUS PROVISIONS.
§ 1. The style of all ordinances passed by the city style of ordinan-
council shall be, "Be it enacted by the city council of the
city of Lincoln" and shall be read three times before their
final passage. Upon the final passage of all ordinances,
the yeas and nays shall be taken and recorded, and no ordi-
nance shall be declared passed unless a majority of all the
aldermen ot the city vote therefor.
§ 2. All ordinances shall, before they take effect, be veto of mayor.
placed in the office of the city clerk, and if the mayor ap-
prove thereof, he shall sign the same, and such as he shall
not approve he shall return to the city council, with his ob-
jections thereto. Upon the return of any ordinances by the
mayor, the vote by which the same was passed shall be re-
considered, and if, after such reconsideration, a majority of
all the members of the city council shall agree, by the ayes
and nays, (which shall be entered on the journal,) to pass
the same, it shall go into effect ; and if the mayor shall ne-
glect to approve or object to any ordinance for a longer
period than three days after the same shall be placed in the
44() CITIES.
clerk's office, as aforesaid, the same shall go into effect the
same as if he had signed ir.
votes rescinded. § 3. No vote of the city council shall be reconsidered or
rescinded, at a special meeting, unless the meeting be called,
in whole or in part, for that purpose, nor unless, at such
special meeting, there he present as large a number of alder-
men as were present when the vote was taken.
fines, when re- § 4. Neither the may or nor the city council shall remit
any fine or penalty imposed upon any person, for a violation
of any law or ordinance of said city, or release from con-
finement, unless two-thirds of all the aldermen elected shall
vote for such remission or release.
By-iaws to be 8 5. Every ordinance, regulation, or by-law, imposing
made public. ° , /.' . . &, ,.,..,-,. . r. . =>
any penalty, fine, imprisonment, or f . tor a violation
of its provisions, shall, after the passage thereof, be pub-
lished at least once in the newspaper publishing the ordi-
nances of the city, and proof of such publication, by the
affidavit of the pi-inter or publisher of such newspaper,
taken before any officer authorized to administer oaths, and
filed with the city clerk, or a certificate under the hand of
the city clerk, with the seal of the city attached, or any
other competent proof of such publication, shall be conclu-
sive evidence of the fact of publication and promulgation of
such ordinances, regulation, or by-law, in all courts or
places; and when the ordinances, by-laws, rules end regula-
tions of said city are published in book or pamphlet form,
and purport to be such, they shall, without any further proof,
be read in evidence and received as the by-laws, ordinances
and regulations of the city of Lincoln, in all and before all
and by all courts and in all -places, the same as the published
statutes of this- state.
Appeals. § 6. The city of Lincoln shall be entitled to take an ap-
peal in all cases where the opposite party has the same
privilege, but said city shall not be required to give security
for costs in any appeal or other suits to which said city may
be a party. Said city may take an appeal in any ease by ap-
plication of the city attorney to the court wherein thejudg-
ment is rendered, in writing, requesting the same, which
application, signed officially by said attorney, shall be sent
up with the papers in the case to the court to which the
appeal is taken.
Exemption of | 7. The members of the fire department shall, during
their term of service as such, bo exempt from working
out or paying any poll 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 for
in this section, shall be a certificate of said clerk made with-
in the year the exemption is claimed.
Members of city § 8. No member of the citv council shall, during the
council may not . -. n i • i i i i • f „
bold other office period for which lie was elected, receive any compensation
for his services, or be appointed to, or competent to hold any
CITIES. 117
office of which the emoluments are paid from the city trea-
sury, or paid by the fees directed to be paid by any act or
ordinance of the city council, or directly or indirectly be in-
terested in any contract the expenses or consideration
whereof are to be paid under any ordinance or order of the
city council.
§ 9. The city council shall designate one newspaper, city newspaper
printed and published within said city, in which shall be
published all ordinances and laws, and all other matters, the
publication of which are required by this act or the ordi-
nances or laws of the city.
§ 10. Execution for any forfeiture or penalty or tine, E.^cum'e°nnt of
may issue immediately upon the rendition of the judgment.
If the defendant shall fail or refuse to pay the amount of the
judgment and costs mentioned in such execution, and shall
fail or refuse to turn out property for the satisfaction there-
of, the execution shall require the defendant to be impris-
oned in the city jail, or county jail, or may commit him to
labor in the public workshop, or upon the streets or public
works of said city, until the same is paid or worked out,
and if confined in jail, the defendant shall be allowed one
dollar for every twenty-four hours he is so confined.
§ 11. All fines collected for and on behalf of the city. Fines> *h<*Paid
shall be forthwith paid to the city clerk by the person col-
lecting the same, and all fines collected in behalf of the
state, shall be forthwith paid to the school commissioner of
Logan county by the person collecting the same.
§ 12. No person shall bean incompetent judge, justice, J^'°gess ov v,u"
witness or juror by reason of his being an inhabitant of, or
freeholder in, the city of Lincoln, in any action or proceed-
ing in which said city shall be a party in interest.
§ 13. All actions brought to recover any penalty, fine A,?tion!' how
.... , . ° , t it brought.
or iorieiture under this act, or the ordinances, by-laws or po-
lice regulations, made in pursuance of it, shall be brought
by action of debt in the corporate name. It shall be lawful
to declare, generally, in debt for such penalty or forfeiture,
stating the clause or clauses of this act, or the ordinances or
by-laws or police regulations under which the penalty or
forfeiture is claimed, and to give the special matter in evi-
dence under it.
§ 11. In all prosecutions for any violation of any ordi- Process,
nance, by-law or police regulations in this act, the first
process shall be a summons, unless oath or affirmation be
made for warrant, as in other cases.
§ 15. The city marshal shall attend the said justice's Duty of marshal,
court, when sitting for the trial of any and all causes arising
under this act, or any law, ordinance or by-law passed in
pursuance of the powers and privileges hereby conferred,
and shall serve all process issued by said justice, or in case
of his absence or inability to act, then his deputy, or any
constable of Logan count)" is hereby authorized to perform
448 cities.
all the duties in this section enjoined upon said city marshal.
The city marshal, and all other officers, or any or either of
them, created conservators of the peace by this act, or the
sheriff, or any constable of Logan county, shall have power
to arrest, or cause to be arrested, with or without process,
upon view or information, all persons who shall break the
peace, or be found violating any provisions of this act or any
ordinance of said city, and may hold such person for exam-
ination, or detain him in the city jail, calaboose or county
jail of Logan county, or other safe place, for such reasona-
ble length of time as may be necessary, and until they may
be brought before the city justice of the peace or other com-
rroTiso petent court : . Provided, however, that any person who may
be arrested shall have the right to release his or her body
from arrest by entering into a good and sufficient bond with
one or more sureties, for his or her appearance at some fu-
l :,:j'i day, (not exceeding ten days from the date thereof) be-
i:.:3 said justice of the peace or other competent court, for
the trial of the offence for which he or she was arrested,
which bond, so taken, shall be conditioned as such bonds
usually are, and may be taken and approved by said justice
of the peace, clerk, attorney, mayor or any alderman, and
said bond so taken, shall be tiled in the office of the city
clerk, and in case of forfeiture, may be sued on in the name
of the city, and collected before any court having jurisdic-
tion.
Mo'fn-usItVieeiep01t § 1G* Said city justice of the peace is hereby required to
report to the city council in writing, at their monthly meeting
in each month, the amount of fines, penalties and forfeitures,
and other moneys collected by him belonging to said city.
He shall pay the same to the treasurer immediately after
making said report, and take his receipt in a book kept for
that purpose, which shall be as vouchers in making his an-
nual report to said council, at which time said council shall
make a thorough examination of the vouchers, reports and
dockets of said justice of the peace.
when road tax 8 j^ Whenever any inhabitant of said city, liable to do
not paid. -i-ii in i <• i <? t
road labor, shall neglect or retuse to pay the amount of the
warrant issued against him, as hereinbefore provided for,
and has no goods or chattels, lands or tenements, out of
which the same can be made, together with costs, the city
marshal, after demand made of such delinquent, and refu-
sal or neglect to pay, shall return said warrant to the city
justice of the peace, who shall forthwith issue his warrant,
commanding the city marshal to bring such inhabitant be-
fore the said justice, who shall try him as in other cases for
violating a city ordinance, and if found guilty, he shall be
convicted and fined in any sum not less than five, nor more
than ten dollars, and the judgment be collected as in other
cases for violation of ordinances.
CITIES.
449
§ 18. All ordinances, by-laws, regulations and resolu- ordinances m
tions now in force in the town of Lincoln, and not inconsis-
tent with this act, shall remain in force under this act until
altered, modified or repealed by the city council created by
this act after this act shall take effect; and all actions, rights,
fines, penalties and forfeitures, in suit or otherwise, which
have accrued under the act incorporating the town of Lin-
coln, and the amendment thereto, and the act incorporating
the town of Postville, shall be vested in and prosecuted by
the corporation hereby created; and all property, real or
personal or mixed, or choses in action, belonging to the
said towns of Lincoln and Postville, or either of them, is
he eby vested in the corporation created by this act.
§ 19. All officers of the town of Lincoln and the town *£%&££!***
of Postville, respectively, now in office, shall continue in
the same until superceded in conformity to the provisions
hereof, as hereinafter provided for.
§ 20. This act shall not invalidate any legal act done by ms^-
the president and trustees, [of] the town of Lincoln or
Postville, or by the respective officers of either of said
towns, nor divest the authorities created under this act of
any right of property, or otherwise, or liability which may
have accrued to or been created by said corporation, or ei-
ther of them, prior to the passage of this act.
§ 21. 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.
§ 22. In addition to other taxes, the city council shall Po11 tax
have power to levy a poll tax, of not exceeding one dollar,
against each legal voter of said city for city purposes.
§ 23. Whenever the city marshal is unable or refuses to *™™£ bywohtehD
serve any process issued by the city justice of the peace, the ers.
same may be served by the sheriff, or any constable of
Logan county.
§ 24. The president and trustees of the town of Lincoln F^tcee1!^tion for
shall cause an election to be held in the several wards of
the city, hereby created, on the second Monday of March,
a. d. 1S65, by giving ten days' notice thereof in the same
manner hereinbefore provided for annual elections, for the
election of a mayor for the city, a city justice of the peace,
a city treasurer, two aldermen from each ward created under
this act. The following named persons are hereby appointed Judges of elec'
the judges of such election in their respective wards, to wit :
lirst Ward. Solomon Rothschild, William B. Pegram
and James Coddington.
Second Ward. Simon Rock, John Eckart and William
A. Coons.
Third Ward. Ezra Boren, Michael Lawler and Joseph
Reed.
Fourth Ward. Solomon Kohn, John F. Boy and Hamil-
450 CITIES.
ton Tibbets, who shall appoint their own clerks from the
voters. Should any of said judges fail or refuse to act,
their places shall be filled in the manner hereinbefore provi-
opening ana ded. The polls of said election shall be opened at the hour of
bingo po s. q 0'cioc}- A- M anc| cl0Se at the hour of 5 o'clock, p. m., on
said election day; the judges an i clerks holding such elec-
tion in each ward, shall certify and return the same to the
clerk of president and trustees of the town of Lincoln,
within three days after the day of holding the same; and
when said returns are so received, the president and trustees
aforesaid, shall open and canvass said returns, certify the
returns for city justice of the peace to the county clerk of
Logan county, and notify through their clerk, the other
officers elected, of their election, who shall, on the Monday
following, meet and organize said city council under this
Term of ofnce. act. The two aldermen thus elected from each ward shall
hold their offices for the following terms, to wit: The one
receiving the highest number of votes shall hold his office
for the term of two years, and the one receiving the lowest
number of votes shall hold his office for the term of one
year; all other officers elected at such election shall hold
their office for the term of one year, except the city justice
of the peace, who shall hold his office for the term of four
years.
Annual election. § 25. Elections under this act shall be held on the second
Monday of March in each year, as above provided for; a city
justice of the peace shall be elected at every fourth annual
election, and his election certified to the county clerk of
Logan county by the canvassers of such election.
Additional bond | 26. Before entering upon the discharge of the duties
of his said office, the city justice of the peace, in addition
to the bond filed with the clerk of the county court of Logan
county, shall execute and deliver to the city clerk a bond to
the said city of Lincoln, for one thousand dollars, with one
or more sureties, to be approved by the city council, condi-
tioned for the faithful discharge of his duties to the said
city, which bond shall be recorded in the office of the
recorder of Logan county, and may be sued upon in the
name of the city to the use of any one who may feel
aggrieved by reason of any misfeasance, malfeasance or
other improper conduct on the part of said justice.
Marshal's bond. § 27. The official bond of the city marshal shall be in
the sum of at least two thousand dollars, and shall also be
recorded for the same purpose as that of the city judge.
§ 28. This act shall take effect and be in force from and
after its passage, and the act entitled " An act to incorporate
the town of Lincoln," approved February 18, 1857, and Ihe
amendment thereto, approved February 18, 1861, and an
act entitled " An act to change the name of the town of
Camden, in Logan county, and to incorporate the same,"
CITIES.
451
approved February 21, 1861, be and they are all, each and
every of them hereby expressly repealed.
Approved February 16, 1865.
AN ACT to amend the city charter of the City of Macomb, in McDor.ough la force Feb. 10,
nnnntv
count
Section 1. Be it enacted by the People of the State^ of
Illinois, represented in the General Assembly, That section
5, of article 13. be so amended as to read, as follows : "All Fines- how 'li!
fines, forfeitures and penalties, collected for offences com-
mitted within said city against the ordinal ' said city,
shall be paid into the treasury of said city by the officer
collecting the Fame; and all fines and forfeitures collected
of any persons, on any conviction m the circuit court, tor
offences against the ordinances of said city, shall be paid
over in like manner."
§ 2. That so much of (he first main division of section section r
five, article five, of the said city charter, be me is
hereby repealed, which reads as follows: "2r or shall a
greater sum or sums be borrowed, or at any time outstand-
ing, the interest upon the aggregate of which shall e::
the one-half of the city revenue arising from the ordinary
taxes within the city, for the year immediately preceding ;"
and also, the following clause of the same division, section
and article, be repealed, which reads as follows : " The
appropriations of the city council, for payment of interest
for improvements, and for city expenses, during any one
fiscal year, shall not exceed the amount of the whole ordi-
nary revenue of (the city for) the fiscal year immediately
preceding;" and that the first division of section one,
article six, be amended by substituting the words " one
cent," instead of the words "five mills;" and also, the sec-
ond division of said section one be amended, by substituting
the words " one cent " for the words " five mills."
§ 3. The common council of said city of Macomb be
and they are hereby authorized and empowered to make
appropriations, for the purpose of paying bounties to volun-
teers and drafted men, to fill the quota of the several wards
in said city, or to assist the citizens, living in said city, who
may be drafted or volunteer under the present and future
calls of the president of the United States for troops, and
for the relief of their families, while in said service.
§ 4. The appropriations made by said city council shall,
in no case, exceed the sum of three hundred dollars for each
volunteer or drafted man.
§ 5. The common council of said city, in their discretion,
may appropriate a sum of money, not to exceed ninety-six
452 cities.
dollars per year, for the benefit of widows and minor chil-
dren of volunteers and drafted men, residents of said city,
who may die or be killed while in the service of the United
States.
§ 6. And the said city council may make appropriation
• and levy a tax, for the purpose of aiding the county of
AEcDoiiough to build a court house, and to purchase ground
therefor, in said city, for such sum or sums of money as
may be deemed just and equitable, or may be agreed upon
by the said city council and the board of supervisors of said
county.
§ 7. All laws and parts of laws in conflict with the pro-
visions of this act are hereby repealed.
§ 8. This act shall take etl'ect and be in force from and
after its passage.
Approved Februarv 16, 1SG5.
In force Feb. 14, AX ACT to amend an act entitled "An act to incorporate the city of Mon-
1-05
mouth," approved June 21, 1852.
Section. 1. Be it enacted by the People of the State o
Illinois, represented in the General Assembly, That, in
Additional pow- addition, to the powers already vested in the city council of
ers' said city of Monmouth, by virtue of the above entitled act,
the said city council shall have power to tax, restrain, pro-
hibit and suppress, tippling houses, dram shops, gambling
houses, bawdy houses, and other disorderly houses, within
said ci.y and within one mile thereof, but not to license any
house or place for the sale of intoxicating drinks of any
kind as a beverage.
Powers granted. § 2. To prevent and prohibit the introduction, keeping,
manufacturing or selling of any vinous, malt, spirituous,
mixed or intoxicating liquors, within said city and within
one mile thereof, except for medicinal, chemical and
manufacturing purposes, and to prohibit the giving the same
awaj% with a view to evade any penalty which may be pro-
vided for the unlawful sale of such liquors.
§ 3. The city council shall have power to make all ordi-
nances which shall be necessary and proper for carrying
into operation the powers specified in this act and in the act
to which this is an amendment, so that such ordinances be
not repugnant to nor inconsistent with the constitution of
this state nor of the United States.
^nbhed how § 4. The city council of said city shall have power to
provide for the punishment of offenders against the ordinan-
ces of said city, by imprisonment in the county jail of the
county of Warren, in said state, not exceeding thirty days
cities. 453
for any one offense ; and in all cases where such offender
shall fail or refuse to pay the lines, forfeitures, penalties and
costs, which may be recovered or adjudged against them, it
shall be competent for the police magistrate, or other court
before whom the same may be tried, to direct that such
offender shall be committed to said county jail, until such
fines, forfeitures, penalties and costs are paid, or until such
offenders are otherwise discharged by law.
§ 5. In all cases of applications for change of venue, in change of venue,
prosecutions arising under the ordinances of said city, either
before the police magistrate or in an appellate court, the
defendant, in order to be entitled to such change of venue,
shall be required to comply with the provisions of the stat-
ute in the state of Illinois, entitled "An act to amend chap-
ter one hundred and six of the Revised Statules entitled
"Yenue," approved. February 21, 1861; and in all cases of
change of venue, the parties to the prosecution shall have
the right to take depositions, to be had in evidence on the
trial of said cause, as is now provided by law in civil causes.
§ 6. This act shall be deemed and taken to be a public
act, and shall be in force from and after its passage; and all
laws and parts of laws in conflict herewith are hereby
repealed.
Approved February 14, 1S65.
AX ACT to incorporate the citv of Mount Curmel. In force Feb. 14,
1865.
ARTICLE I.
OF BOUNDARIES.
Section I. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the town of Mount Carmel, in Wabash Body pontic,
county, be and are hereby constituted a body politic and
corporate, by the name and style of the "City of Mount Car-
mel ;" and by that name shall have perpetual succession ;
may sue and be sued, plead and be impleaded, in all courts
of law and equity ; and may have and use a common seal,
and alter the same at pleasure.
§ 2. All that territory embraced within the following Boundaries,
limits, to wit : Beginning at the middle of the Wabash
river, on the section line dividing section sixteen (16) and
twenty-one (21) ; thence west, on said section line, to the
northeast corner of section nineteen (19) ; thence south, on
the section line, to the southeast corner of section thirty
(30) ; thence east, on the section line, to the middle of the
Wabash river ; thence up the middle of said river, to the
454
CITIES.
place of beginning, in township one (1) south, of range
twelve (1'2) west of the second principal meridian, shall be
and is hereby declared to be within the limits of the city of
Mount Carmel.
§ 3. Whenever any tract of land, adjoining the city of
Mount Carmel, shall be laid off into town lots, and duly
recorded, as required by law, the same shall be annexed to
and form a part of the city of Mount Carmel, until the
same shall be subdivided into lots of less than five acres;
and each lot, when so divided, shall be taxed as other city-
lots.
§ 4. The inhabitants of said city, by the name and style
afores lid, shall have power to sue and be sued, to plead and
be impleaded, to defend and be defended, in all courts of
law and equity, and in all actions whatever; to hold, pur-
chase and receive property, both real and personal, in said
city; to purchase, receive and hold property, both real and
persona!, beyond the city for burial purposes and for other
purposes, for the use of said inhabitants of said city ; to
sell, lease and convey or dispose of property, and do all
other things in relation thereto as natural persons.
ARTICLE' II.
OF THE CITY COUNCIL.
Council.
Board of
men.
Eligibility
dermen.
Classes.
Qualification.
Quorum.
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
for two years and until others shall be legally qualified.
§ 3. No person shall be an alderman, unless at the time
of his election he shall be a freeholder in said city, and
shall have resided within the limits of the city one year
immediately preceding his election, and shall have the
requisite qualifications to vote for state officers, be a resident
of the ward for which he is elected, and a citizen of the
United States.
§ 4. If any alderman shall, after his election, remove
from the ward for which he is elected, his office shall be
declared vacated ; the mayor and aldermen shall receive
such compensation as the city council shall determine.
§ 5. At the first meeting of the city council, the alder-
men shall be divided by lots into two classes : The seats of
the first class shall be vacated at the expiration of the first
year, and of the second class at the end of the second year,
so that one-half the board shall be elected annually.
§ 6. The city council shall judge of the qualifications,
election and returns of their own members, and shall deter-
mine all contested elections under this act.
§ 7. A majority of the city council shall constitute a
quorum to do business ; but a smaller number may adjourn
cities. 455
from day to day, and compel the attendance of absent
members, under such penalties as may be prescribed by
ordinance.
§ 8. The city council shall have power to determine the Rules.
rules of its own proceedings, punish its members for disor-
derly conduct, and with the concurrence of two-thirds of the
members elected expel a member.
§ 9. The city council shall keep a journal of its proceed- journal,
ings, and from time to time, publish the same ; and the yeas
and nays, when demanded by any member present, shall be
entered upon the journal.
§ 10. j^o alderman shall be appointed to any office under prohibition.
the authority of the city, that shall have been created, or
the emoluments of which shall have been increased during
the time for which he shall have been elected, nor shall he
be engaged in any contract with said corporation while
serving as such alderman.
§ 11. All vacancies that shall occur in the board of vac.-mcie*.
aldermen shall be filled by election.
§ 12. The mayor and each alderman, before entering oath,
upon the duties of their offices, shall take and subscribe an
oath, or make affirmation, that they will support the consti-
tution of the United States and of this state, and that they
will well and truly perform the duties of their office to the
best of their skill and ability.
§ 13. Whenever there shall be a tie in an election of Tie.
aldermen, the judges of election shall certify the fact to the
mayor, who shall determine the same, by lot, in such man-
ner as shall be provided by ordinance.
§'11. There shall be twelve stated meeetings of the city Meetings.
council in each year, at such times and places as may be
prescribed by the city council.
ARTICLE III.
OF THE CHIEF EXECUTIVE OFFICE.
§ 1- The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year and until his successor
shall be elected and qualified.
§ 2. No person shall be eligible to the office of mayor, Eligibility
who shall not have been a resident of the city for one year
next preceding his election, or who shall be under twenty-
one years of age, or who shall not, at the time of his elec-
tion, be a citizen of the United States and a freeholder.
§ 3. If any masyor, during the time for which he shall Removal,
have been electedj, remove from the city, or shall be absent
from Ibsi ciiy> foroth'e space of six months, his office shall be
vaealedjj; io aoiissia.^
jii§ "i4>.viWbenitwo; or imore persons shall have an equal num- Tie.
;berso£,yotfiS forjmjayor., the judges of election shall certify
456
CITIES.
Contest.
Vacancy.
the same to the city council, who shall proceed to determine
the same by lot, in such manner as may be determined by
ordinance.
§ 5. Whenever an election of mayor shall be contested
the city council shall determine the same as may be pre-
scribed by ordinance.
§ 6. "Whenever any vacancy shall happen in the office
of mayor, it shall be filled by election.
ARTICLE IV.
(F ELECTIONS.
Elections.
Board
tees.
§ 1. On the first Monday in May next an election shall
he held in each ward of the city for one mayor and one
marshal, one street commissioner, one cit}7 surveyor, one
treasurer and assessor, one police magistrate for the city,
two aldermen for each ward, and forever thereafter, on the
first Monday in May in each year, there shall be an election
for one mayor, one marshal, one street commissioner, one
city surveyor, one treasurer and assessor for the city, and
one alderman for each ward.
§ 2. The present board of trustees of the town of Mount
Carmel shall, immediately after the adoption of the charter by
the citizens, divide the city into three wards, describing par-
ticularly the boundaries of each ward, the wards to be as near-
ly equal in population as practicable. The said trustees shall,
byordinance, provide for the first election of all the officers to
be elected under this act, shall canvass the votes and declare
who arc duly elected, and make return of the election to
the clerk of the county court and to the secretary of state,
of the election of mayor and of police magistrate, in the
same manner that returns are made of the election of
justices of the peace.
§ 3. All male inhabitants over the age of twenty-one
years, who are entitled to vote for state officers, and who
shall have been actual residents of said city three months
next preceding the election, shall be entitled to vote for
city officers : Provided, that said voters shall give their votes
in the wards in which they shall respectively reside.
ARTICLE V.
Powers of coun-
cil.
OF LEGISLATIVE TOWERS OF CITY COUNCIL.
§ 1. The city council shall have power and authority to
levy and collect taxes for city purposes upon all property,
real and personal, within the city, (except such property as
is exempt from taxation by this act,) not exceeding two per
cent., per annum, upon the assessed value thereof: Provi-
ded, that after five years from the organization of the city, a
higher tax may be raised, if two-thirds of the voters of the
city shall agree thereto at a special election for that purpose
cities. 457
called by the mayor; and the council may enforce the pay-
ment of taxes in any manner prescribed by ordinance, not
repugnant to the constitution of the United States and of
this state.
§ 2. The city council shall have power to appoint a clerk, officers,
collector, city attorney, and all such other inferior officers
as are necessary.
§ 3. The city council shall have power to require of all Bonds and oaths
officers appointed in pursuance of this charter, bonds, with
penalty and security for the faithful performance of their
respective duties as may be deemed expedient; and, also, to
require all officers appointed as aforesaid, to take such an
oath or make such affirmation as the common council may
prescribe, for the faithful performance oi the duties of their
respective offices, before entering upon the discharge of the
same; to borrow money upon the credit of the city : Provi-
ded, that no sum or sums of money shall be borrowed at a
greater rate of interest than ten per cent., per annum ; nor
shall any sum or sums be borrowed as aforesaid, until the
subject shall have been submitted to the legal voters of said
city, for which purpose a special election shall be called by
the mayor after giving twenty days' public notice thereof;
and if two-thirds of the legal voters of said city shall vote in
favor of any such loan the same shall be negotiated, and not
otherwise.
§ 1. To appropriate money and provide for the payment Appropriation,
of the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction of Diseases,
contagious diseases into the city; to make quarantine laws
for that purpose, and enforce the same, within five miles of
the city.
§ 6. To establish hospitals and make regulations for the Hospital,
government of the name.
§ 7. To make regulations to secure the general health of Health,
the inhabitants ; to declare what shall be a nuisance and to
prevent and remove the same.
§ 8. To provide the city with water, to erect hydrants water,
and pumps, build cisterns and dig wells in the streets, for the
supply of engines and buckets.
§ 9. To open, alter, abolish, widen, extend, establish, Slreets-
grade, pave, plank or otherwise improve and keep in repair
streets, avenues, lanes and alleys, sidewalks, drains and
sewers.
§ 10. To establish, erect and keep in repair bridges and Bridges.
culverts.
§ 11. To divide the city into wards, alter the boundaries wards,
thereof, and erect additional wards, as the occasion may re-
quire.
§ 12. To provide for lighting the streets and erecting tight,
lamp posts.
—37
458
CITIES.
Night watches.
Markets.
Public buildings
Public grounds.
Auctioneers, etc
Hacks, etc.
Shows.
Tippling houses.
Fires.
Chimneys.
Combustibles.
Walls and fen-
ces.
Weights and
measures.
Hay, coal, wood.
Provisions, etc,
Bread.
Census.
§ 13. To establish, support and regulate night watches.
§ 14. To erect market houses, to establish markets am;
market places, and to provide for the regulation and govern-
ment thereof.
§ 15. To provide for all needful buildings for the use oi
the city.
§ 16. To provide for inclosing, improving and regula-
ting all public grounds belonging to the city.
§ 17. To license, tax and regulate auctioneers, mer*
chants, peddlers, retailers, grocers, taverns, hawkers, bro-
kers, pawnbrokers and money changers.
§ 18. To license, tax, and- regulate hacks, carriages,
wagons, omnibusses, carts and drays, and fix the rates to be
charged for the carriage of persons, and for the wagonage,
cartage and drayage of property.
§ 19. To license and regulate porters and the rates oi
porterage.
§ 20. To license, tax, and regulate all theatrical and
other exhibitions, shows and amusements.
§ 21. To restrain, prohibit and suppress tippling houses,
dram shops, gambling houses and bawdy houses, and other
disorderly houses.
§ 22. To provide for the prevention and extinguishment
of fires ; to organize and establish fire companies.
§ 23. To regulate the fixing of chimneys, and to fix the
flues thereof.
§ 24. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 25. To regulate and order parapet walls and partition
fences.
§ 26. To establish standard weights and measures and
regulate the weights and measures to be used in the city in
all cases not otherwise provided for by law, and to order
all laws upon the subject to be enforced, and to fix and en-
force payment of fines for non-compliance with any such
order.
§ 27. To provide for the inspection and measuring of
lumber and other building materials, and for measuring
of all kinds of mechanical works.
§ 28. To provide for the inspection and weighing of hay
and stone coal, the measurement of charcoal, fire wood and
other fuel to be used within said city.
§ 29. To provide for and regulate the inspection of
tobacco and of beef, pork, flour, meal, and whisky in barrels.
§ 30. To provide for and regulate the inspection of but-
ter, lard and other provisions.
§ 31. To regulate the weight and quality of bread to be
sold for use in the city.
§ 32. To provide for taking enumerations of the inhabi-
tants of the city.
cities. 459
§ 33. To regulate the size of bricks to be sold and used Bricks.
in the city.
§ 34. To regulate the election of city officers, and to pro- officers,
vide for removing from office any person holding an office
created by ordinance.
§ 35. To restrain, regulate and prohibit the running at stockat Iarge.
large of any hogs, cattle, sheep, swine, goats or other animals,
and to prevent any indecent exhibition of horses or other
animals within the city limits.
§ 36 To prevent and regulate the running at large of Oogs
dogs, and to authorize the destruction of the same, when at
large contrary to ordinance.
§ 37- To prevent horse racing, or anv immoderate riding „
. • i • i • !• e ■y i Horse racing.
or driving within the city limits, ot horses, oxen or other
animals, and to punish the same ; to prohibit and punish
any person for the abuse of any horse, mule, ox, or any
other animal within the city limits.
§ 38. To prevent and punish all breaches of the peace, P ao .
1-iit T j?j.iit • -it i1 i Breaches of th«
and all disturbance ot the public quiet, by loud and unusual peace,
noises, shooting, or by any other mode, within the city
limits
§ 39. To prevent and punish all disturbance, amusement Disturbance.
or labor, on the Sabbath, usually called Sunday, within the
city limits, and to prevent and punish all noise or disturb-
ance of any congregation assembled for religious worship on
that or any other day.
§ 40. The council shall have exclusive power, with- License.
in the city, to license, regulate or suppress groceries, bars,
tippling houses and beer shops, and all places where spirit-
uous or fermented liquors are sold, and all sums of money
which shall be received for such licences shall be paid into
the city treasury for the use of the city.
§ 41. The city council shall have power, by ordinance, to street tax.
levy and collect a special tax on the owners or holders of
any lots on any street, avenue or alley, or part thereof, ac-
cording to the respective fronts owned or held by them, for
the purpose of providing such street, avenue or alley, or
part thereof, with sidewalks or gutters, drains or curbing, or
repairing the same.
§ 42. To prevent the encumbering of the streets, alleys, sidewalks,
sidewalks or public grounds, with carriages, wagons, carts,
wheel barrows, boxes, lumber, timber, firewood, posts, awn-
ings, signs, or any other substance or material whatever ;
to compel all persons to keep snow, ice, dirt and other rub-
bish from the sidewalks and street gutters in front of the
premises occupied by them.
§ 43. To have exclusive power to license ferries and Femes,
regulate the same within the limits of the city.
§ 44. To restrain, regulate and prohibit the selling or Liquori.
giving away of any intoxicating or malt liquors, by any
person within the city except by persons duly licensed. To
460
CITIES.
Elver.
Affrays.
Police.
Billiard tables.
Ordinances.
Siyle.
Publication.
forbid and punish the selling or giving away of any intox-
icating or malt liquors to any minor, apprentice, servant or
habitual drunkard, without the consent of the parent, guar-
dian, master or mistress.
§ 45. To remove and prevent all obstructions in the
Wabash river within said city, and to improve and preserve
the navigation thereof within said limits.
§ 46. To prevent and restrain any sudden affrays, riots,
open indecencies, disturbance or disorderly assemblies in
any house, street or place in the city.
§ 47. To fix the compensation of all city officers, and
to regulate the fees of jurors, witnesses and others, for ser-
vices rendered under this act, or by any ordinance made in
pursuance thereof.
§ 4S. To regulate the police of the city ; to impose fines,
forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such
fines and forfeitures, and enforcement of such penalties ;
and all moneys collected under and by authority of any city
ordinance shall be deemed and taken to belong to the city
and be disposed of by the city council, under the ordinances
of said city, for the general use and benefit thereof.
§ 49. The city council shall have exclusive power within
the city to license or suppress and restrain, billiard tables
and bowling alleys.
§ 50. The city council shall have power to make all or-
dinances which shall be necessary and proper, for carrying
into execution the powers specified in this act, so that such
ordinance be not repugnant to, nor inconsistent with the
constitution of the United States or this state.
§ 51. The style of the ordinances shall bo: uBe it or-
dained by the City Council of the city of Mount Cannel."
§ 52. All ordinances passed by the city council shall,
within one month after they shall have passed, be published
in some newspaper in the city, or posted up in three of the
most public places in the said city of Mount Carmel, and
shall not be in force until they shall have been published or
posted up as aforesaid.
§ 53. All ordinances of the city may be proven by the
seal of the corporation, and when printed in book or pamph-
let form and purporting to be printed and published by
authority of the corporation, the same shall be received in
evidence in all courts and places, without further proof.
ARTICLE VI.
OF THE MAYOK.
Mayor.
§ 1. The mayor shall preside at all meetings of the city
council, and in case of a tie shall have the casting vote, and
in no other. In case of non-attendance of the mayor at
any meeting, the board of aldermen shall appoint one of
CITIES. 461
their number chairman, who shall preside at the meeting,
but who shall not thereby lose his right to vote on any
question before the board.
§ :l. The mayor or any two aldermen may call special special meetings
meetings of the city council.
§ 3. The mayor shall at all times be vigilant and active Duties of mayor,
in enforcing the laws and ordinances for the government of
the city ; he shall inspect the conduct of all subordinate
officers of said city, and cause negligence and positive vio-
lation of duty to be prosecuted and punished ; he shall,
from time to time, communicate to the aldermen such infor-
mation and recommend all such measures as, in his opinion,
may tend to the improvement of the finances, the police,
the health, security, comfort and ornament of the city.
§ 4. He is hereby authorized to call on every male inhab- Riots.
itant of said city, over the age of eighteen years, to aid in
enforcing the laws and ordinances ; and in case of riots, to call
out the militia to aid him in suppressing the same, or other
disorderly conduct ; preventing and extinguishing fires ; for
securing the peace and safety of the city, or carrying into
effect any law or ordinance; and any person who shall not
obey such call shall forfeit to said city a fine not exceeding
five dollars.
§ 5. He shall have power, whenever he may deem it Exhibits,
necessary, to require of any of the officers of said city an
exhibit of his books and papers.
§ 6. lie shall have power to execute all acts that may
be required of him by ordinance made in pursuance of this
act.
§ 7. He shall also have such jurisdiction as may be Jurisdiction,
vested in him by ordinance of the city, in and over all
places within five miles of the boundaries, for the purpose
of enforcing the health and quaraMtine ordinances thereof.
§ 8. In case the mayor shall at any time be guilty of a indictment,
palpable omission of duty, or shall willfully and corruptly
be guilty of oppression, malconduct or partiality in the dis-
charge of the duties of office, he shall be liable to be in-
dicted in. the circuit court of Wabash county, and on con-
viction he shall be fined not exceeding twro hundred dollars;
and the court shall have power, on the recommendation of
the jury, to add to the judgment of the court that he be
removed from office.
ARTICLE VII.
OF PKOCEEDTNGS IN SPECIAL CASES.
§ 1. When it shall be necessary to take private propertv Taking private
for opening, widening or altering any public street, lane, propery'
avenue or alley, the corporation shall make a just compen-
sation to the person whose property is taken, and if the
amount of such compensation can not be agreed on, the
402
CITIES.
Petition.
Jurors.
Benefits
damages.
To set aside in-
quest.
mayor shall cause the same to be ascertained by a jury of
six disinterested freeholders of the city.
§ 2. When the owners of all the property on a street,
lane, avenue or alley proposed to be opened, widened or
altered shall petition therefor, the city council may open,
widen or alter such street, avenue or alley upon condition
to be prescribed by ordinance, but no compensation shall in
such case be made to those whose property shall be taken,
their tenants or others, for the opening, widening or alter-
ing such street, lane, avenue or alley ; nor shall there be
any assessment of benefits or damages that may accrue
thereby to any petitioners.
§ 3. All jurors empannelled to inquire into the amount
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
altering any street, lane, avenue or alley shall first be sworn
to that effect, and shall return to the mayor their inquest in
writing and signed by each juror.
§ 4. In ascertaining the amount of compensation for
property taken for opening or widening or altering any
street, avenue, lane or alley, the jury shall take into con-
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane, ave-
nue or alley.
§ 5. The mayor shall have power, for good cause shown,
within ten days after any inquest shall have been returned
to him, as aforesaid, to set the same aside and cause a new
inquest to be made.
ARTICLE VIII.
OF MISCELLANEOUS PROVISION'S.
Road labor.
Exemption.
Imprisonment.
Statement.
§ 1. The city council shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair,
to require every able-bodied male inhabitant in said city,
between the ages of twenty-one and sixty years, to labor on
said streets, lanes, avenues and alleys not exceeding three
days in each year; and any person failing to perform such
labor, when duly notified by the street commissioner, shall
forfeit and pay one dollar for each day so neglected and
refused.
§ 2. The inhabitants of the city of Mount Carmel are
hereby exempted from working on any road beyond the
limits of the city, and from paying any tax to procure la-
borers to work upon the same.
§ 3. The city council shall have power to provide for
the imprisonment of offenders in the county or city jail in
all cases when such offenders shall fail or refuse to pay the
fines or forfeitures which may be recovered against them.
§ 4. The city council shall cause to be published, annu-
ally, a full and complete statement of all moneys received
cities. 463
and expended by the corporation during the preceding year,
and on what account received and expended.
§ 5. All property, real, personal or mixed, belonging to Property,
the town of Mount Carinel, is hereby vested in the corpo-
ration created by this act, and the officers of said corpora-
tion now in office shall respectively continue in the same
until superseded in conformity to the provisions of this act.
§ 6. This act shall not invalidate any legal act done by ^ f&* t*ot J£
the president and board of trustees of the town of Mount of town trus-
Carmel, or by its officers, nor divest their successors, under tee3>
this act, of any rights of property or otherwise, or liability
which may have accrued to or been created by said corpo-
ration prior to the passage of this act.
§ 7. The cemetery lots which may be owned or laid out cemetery,
and sold by the city or private persons for private places of
burial, shall, with the appurtenances, forever be exempt
from execution and attachment.
§ 8. JSro person shall be an incompetent judge, justice,
witness, or juror by reason of his being an inhabitant or
freeholder in the city, in any action or proceeding in which
said city may be a party.
§ 9. " All officers of the city, created conservators of the B;eeaatcehes of th9
peace by this act or authorized by any ordinance, shall have
power to arrest, or cause to be arrested, with or without
process, all persons who shall break the peace or threaten to
break the peace, or be found violating any ordinance of this
city, commit for examination, and if necessary detain such
person in custody over night or the Sabbath in the watch
house, city prison or county jail, or other safe place, or until
such person 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.
§ 10. Appeals shall be allowed from decisions in all AP»eal-
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
Wabash county, and any such appeals shall be granted in
the same manner and with like effect as appeals taken from
and granted by justices of the peace to the circuit court
under the laws of this state.
§ 11. Whenever the mayor shall absent himself from Ab3ence-
the city, or resign, or die, or his office shall be other-
wise vacated, the board of aldermen shall immediately pro-
ceed to elect one of their number president, who shall be
mayor pro tern, until the office shall be filled by election, as
herein provided.
§ 12. The city marshal, or any other officer authorized MarsbaL
to execute writs or any other process issued by any judicial
officer in said city, shall have power to execute the same
anywhere within the limits of the county of Wabash, and
shall be entitled to the same fees for traveling as are allow-
ed to constables in similar cases. The said city marshal, by
164
CITIES.
Police
torate.
Jurisdiction.
virtue of his office, shall be a constable of Wabash county,
with power to serve processes, and do all acts that a consta-
ble may lawfully do, and shall receive the same fees as are
allowed to other constables by law ; he shall hold his office
for one year, and shall give bond, as other constables
are required by law to give, which bond shall be filed in the
office of the county clerk of said county.
Fire wardena. § 13. The members of the city council shall be, ex officio,
fire wardens, and conservators of the peace within the city,
and are hereby authorized, and it is made their duty to
arrest all persons who are violating or have violated any
ordinance of the city or any law of the state, with or with-
out process, and have them prosecuted therefor ; and any
person or persons who shall willfully interrupt or oppose
them in the discharge of the requirements hereof, shall be
subject to the same penalties as though they had opposed
or interrupted a marshal, sheriff, or constable in the legal
discharge of their duties. They shall, moreover, be exempt
from jury duty and street labor, or the payment of street
taxes during their term of office.
§ 14. There shall be elected at the first election for city
officers, and every four years thereafter, one police magis-
trate, who shall hold his office for the term of four years,
and until his successor shall be elected and qualified. The
mayor of the city, ex officio, and the said police magistrate
shall have in their county the same jurisdiction, power and
emoluments as justices of the peace in this state ; the gov-
ernor shall commission the said mayor and the said police
magistrate, and each one shall execute and deliver to the
city clerk, within twenty days after his election, a bond to
be approved by said clerk, with one or more good and suf-
ficient securities, in the sum of not less than one thousand
dollars, conditioned that he will justly and fairly account
for and pay over all money that may come into his hands under
any judgment, or otherwise, by virtue of his said office, and
that he will well and truly perform all and every act and
duty enjoined on him by this charter and the laws of this
state to the best of his skill and abilities. Said bond shall
be made payable to the city council of the city of Mount
Carmel, for the use of the people of the state of Illinois,
and be held for the security and benefit of all suitors and
others who may be aggrieved or injured by the magisterial
acts or misconduct of said police magistrate, or of said may-
or, while acting as police magistrate. Change of venue may
in all cases be taken from one of the above police magis-
trates to the other, and the practice and usages of the same
shall be as in the justices' court.
License. § 15. No provision of this act shall be so construed as
to authorize the sale of ardent spirits in a less quantity than
now provided by law, unless licensed so to do by the city
council.
cities. 465
§ 16. The present board of trustees of the town of Duty of trustees.
Mount Carmel shall, immediately after the passage of this
act, take measures to promulgate this law within the limits
of the city of Mount Carmel, and issue their proclamation
for an election, to be held at least ten days prior to the elec-
tion of city officers, at which election the inhabitants resid-
ing within the territory described in the second section of
the first article of this act, who are authorized to vote for
state officers, shall vote "for the charter," or "'against the
charter," and if a majority of the vr>tes given at such elec-
tion shall be "for the charter," this act shall immediately take
effect as a law, and the trustees shall proceed as directed in
article four of this charter; but if a majority of the votes
shall be " against the charter," then this act shall be of no
effect.
§ 17. This act is hereby declared to be a public act, and pubiicact.
ma}' be read in evidence in all courts of law or equity
within the state, without proof.
§ 18. All acts or parts of acts coming within the provis- Acts repealed,
ions of this charter, or contrary to or inconsistent with its
provisions, are hereby repealed.
§ 19. This act to be liberally construed for the city, and
to take effect and be in force from and after its passage.
Approved February 15, 18G5.
AN ACT to authorize the city of Nauvoo to purchase ground and build a in force Feb. 16,
City Hall and levy a special tax therefor. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the city
of Nauvoo, in the county of Hancock, be and is hereby au- Public park and
thorized to purchase grounds for the use of said city, for a bmldine3-
park and public buildings, to any amount not exceeding ten
acres, and erect thereon a city hall, with offices and cala-
boose or jail, and may borrow money for that purpose, and
issue bonds for the payment thereof; and the said city is
further authorized to levy a tax annually, of notexceedingfive Special tar.
mills on the dollar, of all taxable property in said city, until
said grounds and buildings shall be fully paid for, said tax
to be in addition to the ordinary city tax, and the revenues
arising from such tax shall be specially applied to the pur-
poses for which the same are levied and for no other pur-
pose : Provided, not over ten thousand dollars of bonds
shall be issued under this act.
§ 2. This act shall be a public act, and be in force from
and after its passage.
Approved February 16, 1865.
4:66
CITIES.
In force Feb. 16, AN ACT to amend an act entitled "An act to charter the city of Ottawa,"
1S6S- approved February 10, 1S53.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, All ordinan-
veto or mayor, ces and resolutions passed by the city council of the city of
Ottawa, shall, before they take effect, 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 so sign, he shall
return to the council with his objections thereto. Upon the
return of any ordinance or resolution by the mayor, the
vote by which the same was passed shall be reconsidered ;
and, if after such reconsideration, two-thirds of all the mem-
bers elected to the council shall agree by ayes and noes,
which shall be entered of 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 period than
five days after the same shall be placed in the clerk's office,
as aforesaid, the same shall go into effect.
§ 2. The city council shall have power to appoint a
clerk, treasurer, assessor, collector, marshal, assistant mar-
shal, surveyor, one supervisor, of streets, a first and second
engineer of the fire department, one health officer, and one
fire warden for each ward, and to prescribe by ordinance,
their powers and duties. The city council shall also pro-
vide for the appointment of such policemen as shall be ne-
cessary to secure the peace and safety of said city.
§ 3. The supervisor of streets shall, before he enters
upon the duties of his office, and within ten days after his
election or appointment, tile a bond in the office of the city
clerk, in the penal sum of two thousand dollars, with good
security, to be approved by the mayor, which bond shall be
in substance, in the following form, to wit :
Know all men by these presents, that we, A. B., principal, and C. D., sure-
ty, all of the city of Ottawa, in the county ot LaSalle, and state of Illinois,
are held and firmly bound to the city of Ottawa, in the penal sum of two
thousand dollars, for the payment of which, well and truly to he made, we
bind ourselves, each of us, our heirs, executors, and administrators, firmly
by these presents. Signed with our hands and sealed with our seals. Dated
at the day of 18 — .
The condition of the above bond is such, that if the above bounden A. B. shall
perform all the duties of supervisor of streets for the city of Ottawa, required
by the laws of this state, so far as applicable to the city of Ottawa, and by
the charter and ordinances of the city of Ottawa, and shall obey all of the or-
ders of the mayor and city council of the city of Ottawa, and shall pay nil
moneys received by him as such supervisor of streets, to the treasurer of the
city of Ottawa, then the above bond is to be void, otherwise to remain in full
force and effect.
A. B — , [seal.]
C. D , [seal.]
office vacant. § 4. If the supervisor of streets shall fail to file a bond
with good security as aforesaid, within ten days after his
appointment, his office is hereby declared vacated, and in
such case, it shall be the duty of the mayor to appoint a su-
Officers appoint-
ed.
Policemen.
?ap»rvisor's du
tj-
CITIES.
467
pervisor of streets, who shall be required to tile bond as
aforesaid.
§ 6. The supervisor of streets shall report to the city Monthiyreporta.
council, on the first Tuesday in each month, the amount of
money collected by him as supervisor of streets.
§ 6. In case the supervisor of streets shall refuse to
obey, or shall willfully disobey the orders of the city coun-
cil or mayor, the mayor shall have power to declare his
office vacated, and to appoint in his place a supervisor of
streets, who shall be required to file bond as aforesaid^
§ 7. It shall be the duty of the marshal and assistant Marshal's duty,
marshal, when required by the mayor or supervisor of
streets, to serve all notices, which, by law or ordinance of
the city, the supervisor of streets is required to serve, and
return 'the same to the supervisor of streets, with the date
and names of service indorsed thereon ; and it shall, also, be
the duty of the marshal and assistant marshal, when required
by the mayor or supervisor of streets to aid the supervisor
of streets 'in making out a complete list of all persons liable
for road labor or tax, residing in said city.
§ 8. This act shall be in force from and after its pas
sage. . .
§ 9. Ail prior acts and parts of acts in conflict with tins Acts repealed.
act, are hereby repealed.
§ 10. Section two in article live of an act entitled 'An Sections re-
act to charter the city of Ottawa,1' approved February 10th, '
1853, is hereby repealed.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to amend the charter of the city In force Feb. 16,
of Peoria, and to establish and regulate a system of public schools in said li,b0-
city," approved February 14, 1855, and the acts amendatory thereto.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
five (5) of "An act to amend the charter of the city of Peoria, Amend j^^s
and to establish and regulate a system of public schools in
said city,:' approved February 14, 1855, be, and the same is
hereby so amended as to require the board of school inspec-
tors of said city to make annual reports, on or before the
fifteenth (15) of August, instead of in the month of Novem-
ber, as provided by said section.
§ 2. It shall be the duty of the board of school inspec- school tax.
tors of said city to levy each year such a rate of tax not ex-
ceeding forty cents on the one hundred dollars, as they in their
discretion may determine, and to report the same to the city
council, at least thirty days before the tax for city purposes
463
CITIES.
Extent of bonds.
Time.
Interest
bonds.
shall have been extended upon the tax books of said city,
and said city council shall order the clerk of said council to
extend said rate of tax so reported by said board of inspec-
tors upon the tax books of the city for the current year,
school bunding § 3. That for the purpose of enabling; the board of
school inspectors of said city to provide additional school
buildings, the city council of said city shall, from time to
time, whenever directed so to do by a resolution passed at any
regular meeting of the said board of inspectosr, issue bonds
of said city, signed by the mayor and countersigned by the
' h i k of the city council, in such sums, not exceeding in all,
the sum of fifty thousand dollars, and payable at such times
not exceeding twenty years from their date, and at such
place or places, with semi-annual interest coupons attached,
as the said board of inspectors may deem proper.
§ 4. That the provisions of section six (6) of "An act to
amend an act entitled 'an act to amend the charter of the
city of Peoria, and to establish and regulate a system of
public schools in said city,'" approved January 29, 1S55, re-
lating to the interest upon the bonds mentioned in said sec-
tion, and to the means and mode of the payment of the
interest and principal of said bonds, and to the disposition
to be made of the surplus, if any, arising from the one mill
tax provided for in said section, and all of the provisions of
section seven (7) and eight (8) of said act, shall continue in
full force and effect, and shall be taken and held to apply to
the bonds mentioned in section three (3) of this act.
§ 5. That the annual election of school inspectors of the
city of Peoria, now held on the second Monday of April in
each year, shall hereafter be held on the first Monday of
May in each and every year, and said inspectors shall hold
their respective offices for the term of three years from the
time of their election, and the three school inspectors whose
term of office expires on the second Monday of April, a. d.
18G5, shall hold their respective offices until the first Mon-
day of May, a. d. 18(15, and until their successors in office
are elected and qualified.
Aots repcabd. § (J. That section eight (S) of an act entitled "An act to
amend the charter of the city of Peoria, and to establish
and regulate a system of public schools in said city," ap-
proved February 14, 1855, and section seven (7) of an act
entitled "An act to amend an act entitled 'an act to incorpo-
rate the city of Peoria, in force December 3, 1844, and
the several acts amendatory thereto,'" approved February
12, 18G3, and all other laws and parts of laws inconsistent, or
conflicting with this act, are hereby repealed.
§ 7. This act is hereby declared to be a public law, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
Annual election
of school in-
spectors.
cities. 469
AN ACT repealing an act fixing the boundaries of tlie city of Peoria. in force Feb. 15,
1S05.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
eight (8) of an act entitled "An act to amend an act entitled Acts repeated
'an act to incorporate the city of Peoria,' " in force Decem-
ber 3, 1844, and the several acts amendatory thereto, passed
at the last general assembly, and approved February 3,
1863, be and the same is hereby repealed.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 16. 1865.
AN ACT to establish water works in the city of Peoria, and to amend the In force Feb. 16,
charter of said city.
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
city council of said city shall have power:
First. To erect and construct water works, either within c"fterworits"ot
or without the corporate limits of said city, for the purpose
of supplying the city of Peoria with a sufficient quantity of
pure and wholesome water, to be taken from lake Peoria or
elsewhere, for the use of its inhabitants.
Second. To construct reservoirs, jets, and public and Hydrants,
private hydrants, and to lay pipes in and through all the
streets, lanes, avenues, alleys and highways of said city, and
to construct fountains in the public squares or such other
public grounds of the said city as they shall deem expe-
dient.
Third. To purchase, hold and convey any personal and Necessary pro-
real estate, which may be necessary and proper to carry out per y"
the intention and object of this act.
Fourth. To appoint a superintendent of waterworks, superintendent
and such other officers, agents and employees, as they may ° wa erwor s'
deem necessary, define their duties and fix their compen-
sation.
Fifth. To make all needful rules and regulations, con- useofwater.
cerning the use of water supplied by the waterworks of said
city ; and do all acts and make such rules and regulations
for the construction, completion, management and control of
the waterworks of said city as the said council may deem
necessary and expedient.
6 2. The said city council are hereby authorized to enter to agree with
' -, -, " • i • '• ■< i owners.
upon any land or water withm or without the corporate
1 mits of said city, for the purpose of making surveys, or
constructing any of the works authorized by this chapter,
470 OTTTE6.
and to agree with owners of any property, which may be
required for the purposes of this chapter, as to the amount
of compensation to be paid to such owner, for the property
so taken, or the amount of damages to be paid to such owner,
or owners, by reason of the construction of any of the works
hereby authorised.
Mode of ascer- § 3. In case of disagreement between the city council
a^esin casTof and the owners of property, which may, in the judgment of
disagreement. ga^ c^y council, be required for any of the purposes speci-
fied in this chapter, as to the amount of compensation to be
paid to such owners, or in case such owner shall be an in-
fant, a married woman, or insane, or absent from the state,
or in case of disagreement between the said city council, and
any owner or owners of property, touching the amount of
damages arising from the construction of any part of the
work hereby authorized, the said city council shall have the
right to condemn said property, or to have the amount of
such damages ascertained, or both ; and the proceedings of
the condemnation of such property, or the ascertainment of
such damages, or both, shall conform as nearly as may be,
to those pecified and provided in the act entitled, "An act
to amend the law condemning right of way for purposes of
internal improvement,''' approved June 22d, 1852, and the
act or acts of which the same is an amendment,
power to con- §4. The city of Peoria shall have power to construct such
ducts. acque" aqueducts along the shore of lake Peoria or elsewhere, or on
the highways or elsewhere in Peoria county, and to construct
such pumping works, breakwaters, subsiding basins, filter
beds and reservoirs, and to lay such water mains, and to
make all other constructions in said county. as shall be neces-
sary in obtaining from lake Peoria or elsewhere, a sufficient
and abundant supply of pure water for said city.
to extend iniet § 5. Said city shall have power to extend aqueducts or
Lke;8 to" °erect inlet pipes into lake Peoria, so far as may be deemed neces-
piers.etc. gary tQ jnsure a supply of pure water, and to erect a pier or
piers in said lake for the making, preserving and working
of said pipes or aqueducts: Provided, that such piers shall
not interfere with the navigation of said lake, and be fur-
nished with a beacon light which shall be lighted at all
proper seasons and hours.
To borrow § 6. For such expenditures, pertaining to the supply of
te'rworkg^isBue water to said city as are hereby authorized, the said city
council shall have power to borrow, from time to time, as
they shall deem expedient, a sum or siyns of money not ex-
ceeding three hundred thousand dollars, and issue bonds
of the city therefor, pledging the faith and credit of said city
for the payment of the principal and interest of said bonds.
* The proceeds of said bonds when sold shall be deposited
with the city treasurer, to the credit of the water fund, and
appropriated to the objects and purposes pertaining to the
CITIES. 471
water supply of said city, herein specified, nor shall the same
or any part thereof be used by said city for an}7 other purpose
§ 7. The said bonds shall bear interest at a rate not ex- interest on
j. i i . , , bonds limited.
ceeding seven per cent, per annum, principal and interest
payable in New York, and shall not be sold at a rate which
will net less than their par value, unless the said city coun-
cil of said city, shall by a vote of a majority of ail the alder-
men elected, authorize the controller of said city to sell
the same at a lower rate, and then only at such rate as shall
be fixed by the city council : Provided, however, that rea-
sonable commissions to brokers or agents employed in pro-
curing the sale or negotiation of said bonds, may be paid
by said comptroller.
§ 8. It shall be the duty of the comptroller of said city Record of bonds
of Peoria, to keep such a record of all bonds hereafter to be
issued for the water supply of said city, as shall at all times,
exhibit the number and amount of such bonds outstanding,
the rate of interest, and when and where the principal and
interest are payable.
§ 9. Whenever any bonds are issued and sold as herein Tta^tt0 Payin-
provided, the city council shall have power by ordinance to
annually levy and collect taxes not exceeding five mills on
the dollar on the assessed value of all real and personal es-
tate, made taxable by the laws of this state, to pay the interest
of said bonds and provide a sinking fund for the liquidation
of said bonds ; and whenever a surplus of moneys from any
source, shall have accumulated in the hands of the treasurer,
to the credit of the water fund, such surplus may be applied
to the purchase of said bonds, in such manner as the city
council may direct.
• § 10. The city council shall have power, from time to To asa«3S water
time, by ordinance, to provide for and assess, as water rents and buildings.
or assessments, such amounts as they shall deem equitable
on any lots of land which shall abut or adjoin any street,
avenue or alley in said city, through which the distributing
pipes of the water works of said citj7 are, or may hereafter
be laid, which shall have a building or buildings thereon,
which can be conveniently supplied with water from said
pipes, the said assessment shall be on the said lots and on
the building or buildings thereon, whether the water from
the waterworks of said city shall be used in such building
or buildings, or on such lot or not ; and the said assessment Assessment
shall be and become, a continuing lien or charge upon all Ucn'
such lots or buildings situated thereon.
§ 11. All accounts pertaining to the waterworks of said waterwork
city, shall be kept separate and distinct from the accounts count3-
pertaining to the other funds of said city ; and all moneys
deposited with the city treasurer, on account of the water-
works, shall be by him kept separate and distinct from
other moneys, as the water fund, and shall only be applied
for the uses and purposes for which the same were received ;
472 cities.
and such moneys shall be held by the treasurer of the city,
as a special fund separate and distinct from other funds;
and he shall be deemed guilty of embezzlement if he shall
pay out such moneys for any account other than that be-
longing to such water fund, and shall be liable for indict-
ment for so doing,
wiiifui injury to § 12. if anv person shall willfully do, or cause to be
property of wa- o a f ■ J . J.
terworks — po- done, any act, wnereby any work, material or property
whatever, constructed, provided or used within the city of
Peoria or elsewhere for the purpose of procuring or keeping
a supply of water, shall in any manner be injured, or if any
person shall willfully pollute the water, such person shall
be subject to indictment, and upon conviction thereof shall
be punished by fine not exceeding one thousand dollars, or
imprisonment, not exceeding six months, or both, in the
discretion of the court, said fine to be paid into the city
treasury.
§ 13. This act shall be in force from and after its passage.
Approved February 16, 1865.
luting water.
lD f01i86^eb' 15' AN ACT t0 reducc thc cliartei>of the city of Rockford, and the several acts
amendatory thereof into one act, and to revise and amend the same.
Beit enacted by the People of the State of Illinois, repre-
sented in the General Assembly :
ARTICLE I.
ROCKFORD CONTINUED A CITY.
Corporate name. Section 1. The city of Rockford, in the county of Win-
nebago, shall continue to be a municipal corporation, and
its corporate name shall be the "City of Rockford."
§ 2. It shall have a seal, and its corporate name shall be
inscribed thereon, but the seal may be otherwise altered or
changed.
Beal
ARTICLE II.
CITY BOUNDS.
Limits of city. § i. The boundaries of the said city of Rockford shall
hereafter be as follows, viz : Commencing at the central
point of section thirteen, township forty-four, of range one
east, of the third principal meridian, and running thence
south along the middle line of said section thirteen, and of
sections twenty-four and twenty-five, in the same township,
two and a half miles, more or less, to the quarter section
cities. 473
post in the south line of said section twenty-five ; thence
west along the south line of the west half of said section
twenty-five, and along the south line of sections twenty-six
and twenty-seven, in the same township, two and a half
miles, more or less, to the southwest corner of said section
twenty seven ; thence north, along the west line of section
twenty-seven, to the northwest corner of said section twenty-
seven ; thence west, along the south line of section twenty-
one, in same township, to the quarter section post on the
south line of said section twenty-one; thence north, on the
half section line running north and south, through said sec-
tion twenty-one, to a point where said half section line in-
tersects the middle line of State street ; thence easterly,
along the centre of said State street, to its intersection with
the west line of section twenty-two, in said township ;
thence north, along the west line of said section twenty-two,
and the west line of the south half of section fifteen, in said
township, to the quarter section post on the west line of said
section fifteen ; thence east, along the middle line of said
section fifteen, fourteen and thirteen, to the place of begin-
ning ; and so including, within the limits of said city, the
southwest quarter of section thirteen, the south half of sec-
tions fourteen and fifteen, the whole of sections twenty,
twenty-two, twenty-three, twenty-six and twenty-seven, and
the west half of sections twenty-four and twenty-five, in
said township, and so much of section twenty-one, of said
township, as is known as the ;,AYesleyan Seminary Associa-
tion's addition to the city of Rockford."
§ 2. Whenever any tract of land, adjoining or adjacent Additions
to said city, shall have been laid out into lots and recorded,
or into a lot or lots for the purpose of sale, or for building,
whether recorded or not, the same may be declared a
part of said city by an ordinance thereof, and the same shall
be thereafter attached to the said city, and become part of said
corporation, for all purposes whatsoever ; but any single lot,
exceeding ten acres, intended or used for one dwelling only,
shall not be taken to come within the meaning of this sec-
tion.
ARTICLE III.
GENERAL POWERS.
§ 1. The said city shall have capacity to sue and be General power*,
sued, to implead and be impleaded, to defend and be de-
fended, in all courts of law and equity, and in all places
whatsoever.
§ 2. Said city shall have power to purchase and hold Hold property,
property, real and personal, necessary for the purposes of
the corporation, and within the limits thereof.
§ 3. Said city shall have power to purchase and hold Cemetery,
property, real and personal, beyond the limits of the said
—38
4 74 CITIES.
corporation, for burial grounds, and for an)7 other purposes,
for the use and benefit of the inhabitants of said city.
Lease ana scii § 4. Said city shall have power to sell, lease, convey, or
dispose of property, real and personal, for the benefit of
said city, and to improve and protect such property, and do
all other things in relation thereto which natural persons may
or can do.
ARTICLE IV.
property.
CITY GOVERNMENT.
Legislative pow- g 1, The legislative powers of said city shall be vested
in a common council, and the executive power thereof shall
be exercised by a mayor, and such other officers as are pro-
vided b}r this act, or may be lawfully established by an ordi-
nance of said city.
courts. § 2. There shall be such courts of justice as now are, or
hereafter may be, by law, established in said city.
ARTICLE V.
OF THE COMMON COUNCIL.
council. § 1. The common council of said city shall consist of
the mayor and a board of aldermen.
Number of ai- § 2. The board of aldermen shall consist of one member
elected in each ward.
Term of omce. § 3. The term of office of alderman shall be two years,
and he shall hold his office until his successor is elected and
qualified.
Quorum. § -i. The majority of the common council shall consti-
tute a quorum to do business, but a smaller number may
adjourn from time to time, and may compel the attendance
of absent members, under such penalties as may be pre-
scribed by ordinance.
casfm- vote of § 5. Tlie mayor shall preside at all meetings of the com-
mayor. mon council, and he shall have a casting vote therein, bu
no other.
Monthly meet- g (3. There shall be at least one stated meeting of the
common council in each month, as may be appointed by or-
dinance or resolution, and they may be adjourned from time
to time.
special meetings § 7. The mayor, or any two aldermen, may call special
meetings of the council, by a written notice served upon
each member personally, or left at their usual places of
abode.
piace of meeting. § 8. The places of holding meetings shall be appointed
by ordinance or resolution.
Eules- § 9. The common council shall have power to determine
its rules of proceedings.
Bxpei members. § 10. It shall have power to punish Its members for dis-
orderly conduct, and with the concurrence of two-thirds of
all the members elected, expel a member for such conduct.
cities. 475
§ 11. The common council shall keep a journal of its Journal of coun-
proceedings ; and the yeas and nays, when demanded by
any member present, shall be entered on it, and they shall,
from time to time, publish the said journal.
§ 12. No person shall be an alderman unless at the time Qualification of
of his election, he shall have resided six months within the
limits of the city, and within the ward for thirty days next
preceding the election, and shall be, at the time of his elec-
tion, a lona fide freeholder in said city, and a citizen of the
United States.
§ 13. The members of the common council shall be fire wardens,
wardens and conservators of the peace, and shall be exempt
from jury duty during their term of office.
§ 14. If any alderman, after his election, shall remove vacancy
from the ward from which he was elected, or cease to be a
freeholder in said city, his office shall thereby be vacated.
§ 15. The common council shall judge of the qualifica- Elections, etc.
tions, elections and returns of its own members, and shall
determine all contested elections.
§ 16. All vacancies which may occur in the board of vacancy, how
aldermen shall be filled by a special election.
§ IT. No alderman shall be appointed to any office un- Aldermen may
der the authority of the city, which shall have been created, office in city. er
or the emoluments of which shall have been increased,
during the term for which he shall have been elected.
§ 18. No member of the common council shall be, contracts not
_ , o .-,., , .. ,. ' awarded to
directly or indirectly, concerned or interested in any con- counciimen.
tract, the expenses or consideration whereof are to be paid
by the said city ; and if any member of the said council
shall be so concerned or interested, he may be removed from
office, and the execution of such contract may be enjoined
at the suit of any person who is a resident freeholder in said
city.
ARTICLE VI.
OF THE MATOK.
§ 1. The mayor shall be the chief executive officer of E,ection of may-
the city, and shall be elected at the annual election in each
year.
§ 2. His term of office shall be one year, and he shall Term of office,
hold his office until his successor shall be elected and quali-
fied.
§ 3. No person shall be eligible to the office of mayor who may be
who shall not be a citizen of the United States and a free- mayor'
holder in said city, or who shallnot have been a resident of
the city for one year next preceding the election.
§ 4. Besides presiding in the common council, he shall, Du*y of mayor,
from time to time, give to the common council such informa-
tion and recommend such measures as he may deem advan-
tageous to the city.
4:76 cities.
Duty and power. § 5. The mayor shall have power to execute all acts
that may be required of him by any ordinance, order, or
resolution, made in pursuance of this act.
jurisdiction and § 6. The mayor of said city of Hockford shall be a con-
powers of may- 3 , •' . . ./ . . .
«r. servator ot tne peace in the sari city, and within the congres-
sional township in which the said city is situated, and he
shall have summary power to suppress all riots and breaches
of the peace, and to apprehend all persons who may be en-
gaged in his presence in the commission of such offense, or
any indictable offense, and take them before the proper tri-
bunal for examination or trial ; and he may apprehend or
restrain for a reasonable time, any person who shall be found
drunk, or who shall threaten to break the peace.
To°athsadmlnister § 1" ^ne maJor) or person chosen to preside in his place
in the common council, shall have power to administer oaths
to witnesses and others, concerning any matter which may
arise before the common council.
§ 8. The mayor shall have power to take affidavits, and
administer oaths and affirmations in all matters and cases
arising under this act or any other law of this state.
Perjury. § 9. Any person who shall in any such matter, or by
any such affidavit, swear falsely, shall be deemed guilty of
perjury and shall be punished accordingly.
Power to queii § 10. He is hereby authorized to call upon every male
inhabitant of said city, over the age of eighteen years, to
aid in the enforcing of the laws and ordinances of said city,
in the suppression of any riot or disturbance of the peace,
and in apprehending the offenders therein, and to aid in
carrying into effect any of the laws or ordinances for the
government of said city.
§ 11. Any person who shall, without legal cause, not
obey such call, shall forfeit to said city a fine not exceeding
five dollars, and not less than three dollars, to be recovered
in an action of debt, in any court of competent jurisdic-
tion.
^yofficnei08fduty § 12- The ma.)7°r shall inspect the conduct of all in-
ferior officers of the said city, and shall cause negligence
and positive violation of duty in such officers to be presented
and punished.
Exhibit of books § 13. lie shall have power, whenever he may deem it
necessary, to require any officer of said city to exhibit his
books and papers relating to his official business.
3aiary of mayor. § 14, The mayor of said city shall receive such salary
as shall be fixed by ordinance, bat no ordinance fixing such
salary shall be passed unless by a majority of the aldermen
elected.
^Iv°0rduct of § ^* ^n case ^ia^ ^ne ma.y°r shall at any time be guilty
of a palpable omission of duty, or shall willfully and cor-
ruptly be guilty of oppression, mal-conduct or partiality in
the discharge of the duties of his office, he shall be liable to
be indicted in the circuit court for the county of Winnebago,
mayor.
cities. 477
and, on conviction, he shall be fined not more than five hun-
dred dollars, and the court shall have power, on the recom-
mendation of the jury, to add to the judgment that he be
removed from office, and thereupon the office of mayor shall
be vacant.
§ 16. In case the mayor shall remove from the city and Mayor's office,
cease to be an inhabitant thereof, or shall cease to be a free-
holder in said city, his office shall thereby become vacated.
§ 17. The mayor may, with the consent of the board of Mayor may re-
aldermen, resign his office. Slgn'
§ IS. When the office of mayor shall be vacated, it shall vacancy, how
" filled
be tilled by a special election.
§ 19. In case of a vacancy in the office of mayor, or his Acting mayor,
being unable to perform the duties of his office, by reason
of temporary or continual absence or sickness, the common
council shall appoint one of its members, by ballot, to pre-
side over their meetings, whose official designation shall be
"acting mayor ;" and the alderman so appointed shall be
vested with all the powers, and perform all the duties of
mayor, until the mayor shall resume his office, or the va-
cancy shall be tilled by a new election.
ARTICLE VII.
ELECTIONS.
§ 1. The annual election in said city shall be held on Annual election
the second Monday in April in each year, and special elec-
tions may be held, whenever necessary, by order of the com-
mon council.
§ 2. The said city shall continue to be divided into five wards,
wards, as fullows :
First. That part of said city which lies north of State
street and east of Rock river, shall constitute the first ward.
Second. That part thereof which lies south of State street
and east of Rock river, shall constitute the second ward.
Third. That part thereof which lies south of State street
and north of the middle line of Kent's creek, and north of
the middle line of the south branch of Kent's creek, and
west of Rock river, shall constitute the third ward.
Fourth. That part thereof which lies north of State street
and west of Rock river, shall constitute the fourth ward.
Fifth. That part thereof which lies south of the middle
line of Kent's creek and south of the middle line of the
60uth branch of Kent's creek, and west of Rock river, shall
constitute the fifth ward.
§ 3. The alderman for the said first ward, and the alder- Anfnn^ election
man for the said third ward, and the alderman for the said
fifth ward, shall be elected at the annual election in the year
of our Lord one thousand eight hundred and sixty-five, and
every iwo years thereafter, and the alderman for the said
second ward, and the alderman for the said fourth ward,
478 cities.
shall be elected at the annual election in the year of our
Lord one thousand eight hundred and sixty-six, and every
two years thereafter.
Aldermen of § 4. Each alderman shall be elected in his own ward, by
wards- the legal voters thereof, and shall be a resident of the ward
for which he is elected.
New wards. g 5. The common council shall have power, by ordi-
nance, to alter the said wards, and to form new wards,
whenever they shall deem it expedient ; and at the next an-
nual election after a new ward shall be formed, an alderman
shall be elected for the same, for two years, but if two new
wards shall be formed, so that the first annual election
therein shall be held at the same time, one of the aldermen
elected therein shall hold his office for one year only, and
he shall be designated by lot drawn between him and the
other alderman.
who may vote. § 6. Every person who shall be a citizen of the United
States, and is entitled to vote for state officers, and who shall
have been an actual resident of the ward in which he shall
offer his vote for thirty days next previous to any election,
and no other, shall be entitled to vote at such election.
judges of eiec- § 7. Previous to any annual election the common coun-
cil shall appoint two judges of election for each ward, and
they shall hold their offices for one year, and until others
are appointed in their places respectively.
piace of election g 8. The judges of election in each ward shall hold the
election therein at such places as the common council shall
appoint. Twenty days' notice of the annual election, and
seven days' notice of every special election shall be given
in some newspaper printed in said city.
judges of eiec- § 9. In case one only of said judges shall be present at
in0yacancy.n e the opening of any election, he shall appoint another person,
who is a legal voter of the ward, to be judge thereof with
him.
when voters to § io. In case no judge shall be present at the time of
s" opening any election, the legal voters of the ward who are
present shall choose two legal voters for such judges of said
election.
cierks of election § 11. The judges of election shall appoint two clerks,
and such clerks shall each keep a poll list of the election,
and shall enter therein the name of every person who shall
vote at such election.
oath of judges. § 12. Before any vote shall be taken, the judges shall
severally take the following oath or affirmation : " I, A. B.,
do solemnly swear (or affirm) that I will perform the duties
of judge of this election according to law and the best of my
ability, and that I will studiously endeavor to prevent fraud,
deceit and abuse in conducting the same."
oath of cierks. § 13. The clerks of the said election shall take a corres-
ponding oath or affirmation.
CITIES. 470
§ 14. Such oaths of the judges and clerks may be taken oaths, how ta-
beibre any officer authorized to administer oaths, and in
case no such officer be present, the judges may administer
the oath or affirmation to one another ; and one of the judges
may administer it to the clerks ; and the person administer-
ing such oaths or affirmations shall cause an entry thereof
to be made and subscribed by him and prefixed to the poll
books.
§ 15. All votes shall be by ballot, containing the name vote bybaiiot.
of every person voted for, and a designation of the office
for which he is voted.
§ 16. The ballot shall be folded by the voter, and shall Baiiot boxe?.
be received by the judges and deposited in a box to be pro-
vided by the city, without having been unfolded or opened
in any manner.
§ 17. No ballot shall be received or counted, unless BaUots.
written or printed upon white paper, and without marks or
figures intended to distinguish one ballot from another, ex-
cept such figures as may be placed thereon according to
law.
§ 18. If any person shall offer to vote, and his vote be Oatbof voter,
challenged by a legal voter of the ward, or one of the judges
shall suspect that he is not entitled to vote, one of the judges
shall tender to him the following oath or affirmation : "You
do solemnly swear (or affirm) that you are a citizen of the
United States, that you have resided in this state for one
year, and in this ward for thirty days last past, that you are
above the age of twenty-one years, and that you have not
voted at this election.
$ 19. And at all elections, general or special, every per- oath of voter
son ottering to vote who is not personally known to the lenged.
judges of election to have a permanent residence and abode,
and to have resided in the ward where he shall so offer to
vote, for the space of thirty daj-s immediately preceding
such election, shall, if his vote be challenged, take the oath
above required, and, in addition thereto, swear or affirm to
his place of residence, specifying the particular place and.
house in which he resides, and stating how long he has there
resided, and his business or employment, and if he has not
resided in such house for thirty days immediately preceding-
such election, he shall state in what other house he has re-
sided during the last thirty days ; and, in addition thereto,
such voter, so challenged, shall be required to produce two
witnesses, both of whom are personally known to said
judges, and resident in the ward, or shall be proved by some
legal voter or voters of the ward in which such vote is offer-
ed to be voted, who shall be known to the judges, and each
of whom shall take the following oath, to be administered
by one of the judges of said election : "I do solemnly swear oath,
(or affirm) that I am a resident of this ward and entitled to
vote at this election, and that I have been a resident of this
480
CITIES.
ward for one year last past, and that I am well acquainted
with the voter whose vote is now ottered ; that ho is an ac-
tual and bona fide resident of this ward, and that he has re-
sided in this state for one year last past, and in this ward
for the last thirty days." If any person so offering to vote
shall refuse to take such oath, and make such proof, his vote
shrill he rejected.
Jawees' wbljn H" § ^' -^ an3T illc^e °f an.y eleetior! shall permit any voter
to vote, whose vote is so challenged, without the proof re-
quired in this act, or shall knowingly and willfully permit
any person to testify as a witness, contrary to the provisions
of this act, he shall be deemed guilty of a high misdemean-
or, and, on conviction thereof, shall be fined in the sum of
five hundred dollars, and imprisoned in the county jail
for six months.
^•'W- § 21. If any person whose vote is so challenged, and
sworn under the provisions of this act, shall knowingly and
willfully swear falsely, he shall be deemed guilty of perjury,
and, on conviction thereof, imprisoned in the penitentiary
for any time not less than one, nor more than live years;
and any witness who shall take such oath or affirmation,
knowing the same to be false, shall be deemed guilty of
willful and corrupt perjury, and shall be punished accord-
ingly.
§ 22. The polls, at every election, shall be opened at
least as soon as two o'clock, and shall not be closed sooner
than six o'clock in the afternoon ; but the opening and clos-
ing thereof may be otherwise regulated by ordinance.
§ 23. To preserve order and protect the judges and
clerks from insult and abuse, any constable residing in
the city, who may be designated by the judges, shall attend
at every election ; and if the city marshal or any constable
be not present, the judges may appoint one or more special
constables for the same purpose.
§ 24. The judges of election may impose a line of not
more than live dollars, upon any person who shall conduct
in a disorderly or riotous manner at any such election, and
shall persist in any such conduct after being warned that
such line will be imposed.
§ 25. Upon such person refusing to pay the said fine,
the said judges shall issue a warrant, under their hands and
seals, directed to the sheriff of the county, marshal or any
constable, and the jailor of Winnebago county, commanding
them, or either of them, to commit the said person to the
jail of said county for any time not exceeding live days, un-
less the said fine shall be sooner paid ; and requiring the
said jailor to receive and keep such person in prison accord-
ingly, and the said warrant shall be accordingly executed.
§ 2G. At all elections, general or special, if the judges of
election are satisfied under the provisions of this act, and the
other laws of this state relating to elections, that the person
Opening and do-
ting polls.
Constables
election.
flues for
turbance.
Rlotors to
committed.
Totes when
ken.
CITIES.
481
offering the vote is a legal voter, they shall indorse on the
back of the ticket offered, the number corresponding with
the number of the voter on the poll books, and put said tick-
et immediately in the ballot box, and the clerks of the elec-
tion shall enter the name of the voter, and his number, in
the poll books.
§ 27. When the polls of any election shall have been Canvass of *z«»-
finally closed, the judges and clerks shall proceed to canvass
the votes taken, they shall first compare and correct the pell
lists, and shall then count the ballots in the ballot hex, and
if they shall exceed the number of votes entered in- the poll
lists, the said ballots shall be returned to the box, and one
of the judges shall publicly draw out therefrom, and destroy
so many ballots, unopened, as shall be equal to such excess;
the poll books shall then be signed by the judges and attest-
ed by the clerks; the names therein contained shall then be
counted, and the number set down at the foot of the poll
books.
§ 28. One of the judges shall then open and read the Tally paper,
ballots, and the clerks shall each hare a tally paper, in
which he shall enter the names of each candidate, and the
office for which he receives votes, and shall mark down the
number of votes each candidate shall receive for each office.
§ 29. If two ballots shall be deceitfully folded together, T^he^allota to"
upon such canvassing they shall both be destroyed.
§ 30. All the ballots counted by the judges of election, RtfJ£na of e,e0"
shall, after being read, be strung upon ;i strong thread or
twine, in the order in which they have been read, and shall
then be carefully enveloped and sealed up by the judges,
who shall direct the same to the city clerk, to whom they
shall be delivered, together with one of said poll books ; and
the city clerk shall carefully preserve said ballots for six
months, and at the expiration of that time shall destroy
such ballots. And in all cases of contested elections, the
parties contesting the same shall have the right to have the
6aid package of ballots opened, and said ballots referred to
by witnesses for the purpose of such contest. But said bal-
lots shall only l>e so examined and referred to in the pres-
ence of the city clerk.
§ 31. When the votes shall have been canvassed and c^tc\f|^te of
counted as aforesaid, the judges and clerks shall make out a
certificate of the result of the election, as near as may be, in
the following form : "At the election of the ward, of
the city of Itockford, at on the Monday of April,
being the day of the same month, in the year of our
Lord one thousand eight hundred and , the following
named persons received the number of votes annexed to
their respective names, for the following descr bed offices,
to-wit : A. B. had fifty-three votes for mayor of said city;
C. D. had fifty-one votes for mayor of said city ; E. F. had
fifty -four votes for alderman of said ward ; G. H. had fifty
482
CITIES.
Poll books when
returned.
Result of
tion.
Tie, how decided
Oath of officers.
Fraudulent
tin".
Refusal to
rotes.
Double ballot3.
Whisky shops
closed on day
of election.
votes for alderman of said ward. Certified toby us, A. B.,
C. D., judges of the election. Attest, E. F., clerk of the
election."
§ 32. One of the said poll books, and one of the said
tally papers, and said certificate, shall be attached together
and returned by one of the clerks or judges to the city clerk.
§ 33. The common council shall canvass the returns sa
made, and declare the result thereof.
§ 3i. "When two or more candidates shall have an equal
(and highest) number of votes for the same office, the elec-
tion shall be determined by the casting of lots in the pres-
ence of the common council.
§ 35. The mayor and each alderman, before entering
upon the duties of their office, shall take and subscribe an
oath or affirmation, to support the constitution of the United
States and of this state, and well and truly to perform the
duties of his office to the best of his skill and ability, and.
such other oath as may be prescribed by the constitution
and laws of this state.
§ 30. If any judge of election shall, knowingly, admit
any person to vote at any election held in said city, who is
not qualified according to law to vote at such election, or
shall knowingly receive and deposit in the ballot box, two
ballots from the same person, at the same election, ho shall
forfeit to the said city the sum of fifty dollars, to be recover-
ed in any action of debt, in any court of competent jurisdic-
tion.
§ 37. If any judge of any election held in said city,
shall, knowingly, refuse to receive the vote of any person
qualified to vote at such election, or shall open or unfold any
ballot, when received by him, without the same having been
deposited in the ballot box, he shall be liable to indictment,
and on conviction, shall be fined one hundred dollars, and
be imprisoned not exceeding thirty days.
§ 38. If any person shall vote more than once at any
election held in said city, or shall hand into any one of the
judges of such election two or more ballots folded together,
with the apparent intention of having them deposited in the
ballot box, or shall offer to vote after having once voted at
such election, or shall vote at any such election who is not a
qualified voter in the ward where he so votes, he shall, on con-
viction thereof, be confined in the penitentiary for any term
not less than one or more than five years.
§ 39. No liquor or other intoxicating drink shall be sold
or given away at retail, nor shall any bar-room, grocery,
eating-house, saloon or other place where liquor or intoxi-
cating drinks are sold at retail, be open, on any such election
day in said city; and it shall be the duty of the sheriff and
constables, city marshals, public officers and magistrates, to
see that the provisions of this section are enforced ; and any
person who shall violate any provision of this section shall,
cities. 483
upon conviction thereof, forfeit to said city a penalty of fifty
dollars, to be recovered in an action of debt, in any court
of competent jurisdiction.
ARTICLE VIII.
OF CITY OFFICERS OTHER THAN MAYOR AND ALDERMEN.
§ 1. There shall be [a] clerk of said city, to be appointed city cierk.
annually by the common council, and he shall hold his office
until his successor is appointed and qualified, subject, how-
ever, to be removed by the common council for neglect of
duty or malconduct in office.
§ 2. He shall have custody of the books, records and Duty of cierk.
papers of the corporation, and of the seal of the city. He
shall also keep the journal of the proceedings of the com-
mon council, at whose meetings it shall be his duty to at-
tend ; and he shall make all entries in the corporation books
and records; and copies of all papers duly filed in his office,
and transcripts from the records of the proceedings of the
common council ; and copies of all ordinances certified by
him, under the corporate seal, shall be evidence in all courts,
in like manner as if the originals were produced ; he shall
also have power to administer any oath, or take any affidavit,
authorized to be administered or taken by the laws of this
state.
§ 3. In case of his absence or inability to act, the com- cierk pro tem.
mon council may appoint a temporary clerk, with like
powers.
§ 4. The clerk shall [take] an oath of office, or affirma- Bond of cierk.
tion, and he shall be required to give a bond to the city in a
penal sum to be fixed by the common council, conditioned
for the faithful performance of the duties of his office, and
the delivery to his successor of the seal and books, papers
and moneys, of the corporation, in his hands or control.
§ 5. There shall be a city attorney appointed by the Duty of attorney
common council, who shall perform all professional duties
incident to his office.
§ 6. There shall be a city engineer, who shall have the Engineer, power
sole power, under the direction or control of the common
council, to survey within the city limits, and he shall be
governed by such rules and ordinances, and receive such
fees and emoluments for his services as the common council ray of engineer.
shall appoint and direct. He shall 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, and to all plats and surveys here-
tofore or hereafter made by any such engineer, as are or
may be given by law to the acts, plats and surveys of county
surveyors.
§ 7. There shall be a city marshal and as many assist- MFt8^ and as"
ant city marshals as the common council shall deem neces-
sary.
4:84 cities.
powers and du- § 8. The city marshal and assistant citj marshals shall
uesof marshal. be conservators of the peace, and shall have power to sup-
press riots and breaches of the peace, and to take into cus- |
tody any person who shall, in their presence, be engaged
in the commission of any such offense, or any indictable
offense, and take such person before the proper tribunal for
examination or trial. Any of said marshals shall also have
power to restrain, for a reasonable time, all persons who
shall be found drunk, or who shall threaten or attempt to
break the peace, or who shall violate, or threaten, or attempt
to violate any ordinance or police regulation of said city,
and they shall be authorized to command assistance for such
purpose, in the same manner and with the like effect as the
mayor, and they may commit any such persons to the city
or county jail, and if necessary there detain such person
over night or the Sabbath, or until they can be brought be-
fore the proper tribunal for trial.
process issued. § f)< 'phe marshal and assistant marshals, respectively,
shall have and possess the powers and authority of a con-
stable at common jaw and under the statutes of this state,
to execute and return all process or writs issued by any
proper officer by virtue of this act, or any ordinance in pur-
suance thereof.
Marshal's bond s i q_ n^ ejty marsiirj sjian take and subscribe an oath
and oatu. />-»
(or affirmation) of office, and he shall give a bond, with
sufficient sureties, in a penal sum to be fixed by the common
council, conditioned fur the faithful performance of the
duties of his office. The assistant marshals shall respect-
ively have the like power, give the same security and take
the like oath as the marshal.
city treasurer. § n# There shall be a city treasurer, an assessor and a
collector appointed by the common council.
street commis- § 12. There shall be as many street commissioners ap-
eioners. y . Mini
pointed as the common council shall deem necessary.
other officers. § 13. There shall be appointed by the common council
such other officers as they may from time to time deem
necessary.
Treasurer's oath g 14. The treasurer shall, before entering upon the
duties of his office, take and subscribe an oath (or affirma-
tion) of office, and shall also give a bond to said city, with
sufficient sureties, and in a penal sum to be fixed by the
common council, conditioned for the faithful performance of
all duties required of him by law, or the ordinances of said
city, and that he will deliver to his successor in office all
books, papers, moneys and other things belonging to said
city and appertaining to his office.
Annual report of « 15 rphe city treasurer shall receive all moneys belong-
treasurer. . ° , . H , , •'. . &
mgto the city, and shall keep an accurate account of all receipts
and expenditures, in such manner as the common council
shall direct. He shall exhibit to the common council at least
twenty days before the annual election in each year, and at
cities. 485
such other times as required, a full and detailed account of
all receipts and expenditures after the date of the last annual
report, and also the state of the treasury, which account
shall be filed in the office of the city clerk.
§ 16. It shall be the duty of the city collector to collect Duty of collector
all city taxes and assessments which may be levied or as-
sessed by said citj, and perforin such other duties as may
be herein prescribed or ordained by the common council.
§ 17. The city assessor shall perform all the duties re- Duty of assessor
quired in relation to the assessing; of property for the pur-
poses of levying the taxes imposed by the common council
of said city.
"§ 18. The common council shall have power to require Bonds of officer*
all city officers to give bond, with sufficient sureties, for the
due performance of all the duties of their respective offices.
§ 19. The city officers, except in cases in which their Fay of officers,
compensation is regulated by law, shall receive such reason-
able tees, or compensation, as the common council shall, by
ordinance, order or resolution direct and appoint.
§ 20. The common council shall have power, from time Further powers
to time, to require and prescribe other and further powers and and duties"
duties of all officers whose powers and duties are herein pre-
scribed, and prescribe and determine the powers, duties and
liabilities of all officers appointed or elected to any office
under this act, and whose powers, duties and liabilities are
not herein specifically mentioned.
§ 21. All officers of the city created conservators of the Arrests with or
peace by this act, or authorized by any ordinance, shall have wl ou pioce88
power to arrest or cause to be arrested, with or without
process, all persons who shall break the peace, or threaten
or attempt to break the peace, or be found violating any
ordinance of the city, commit for examination or trial, and
if necessary detain such persons in custody over night, or
the Sabbath, in the city prison or county jail, or other safe
place, or until they can be brought before a proper magis-
trate, and shall have and exercise such other powers as
conservators of the peace as authorized by law or prescribed
by ordinance.
ARTICLE IX.
GENERAL POWERS OF THE COMMON COUNCIL.
§ 1. The common council shall have power to borrow Borrow money,
money on the credit of the city, but no sum or sums of
money shall be so borrowed at a greater rate of interest than
ten per cent, to the }Tear, nor shall the interest on the ag-
gregate of all the sums to be borrowed exceed one-half of
the tax assessed upon real estate in the city for general ex-
penses of the city, except as hereinafter provided.
§ 2. The common council shall have the control and Finances and
management of the finances, and all the property, real and property of c tT
personal and mixed, belonging to the corporation.
486
CITIES.
City jail.
llouse of cor'
rection.
Grading and
opening streets
Drains and sew-
ers.
Obstructions on
streets and
walks.
Walls and rail-
ings.
To clean side-
walks.
Public grounds.
Shade trees.
Night watches.
§ 3. They shall have power to erect and establish offices
for the city officers and the transaction of the business of
the corporation.
§ 4. They shall have power to erect and establish a house
of correction, or city jail, for the confinement of vagrants,
stragglers, idle or disorderly persons, or other offenders who
may be committed thereto by any court, or by the major,
marshal, or other officer acting as a conservator of the peace.
§ 5. They shall have power to pass all necessary ordi-
nances for the government and management of the said
house of correction, or the city jail, and appoint a keeper
thereof, and as many assistants as may be necessary.
§ 6. The common council shall have power to open,
alter, widen, extend, establish, grade, regrade, pave, vacate,
and otherwise alter and improve and keep in repair streets,
lanes, alleys, avenues and highways, and to protect the
same from encroachment and injury.
§ 7. To remove or abate any obstruction or encumbrance
upon the streets and highways, and to regulate the man-
ner and place of the erection of awnings and signs.
§ 8. The common council shall have power, by ordi-
nance, order, resolution, or otherwise, to cause sidewalks,
crosswalks, public and private, drains and sewers, to be
built, constructed, graded, laid, relaid, cleansed and repaired,
and to regulate the same.
Second. To prevent the encumbering of the streets, side-
walks, crosswalks, alleys, highways and public grounds,
with teams, horses, carriages, carts, sleds, boxes, barrels,
lumber, timber, firewood, coal, posts, or any rubbish, sub-
stance or material whatsoever.
Third. To compel owners or occupants of lots or lands
to erect and maintain and keep in repair parapet walls,
balusters, railings or other safe-guards against accident or
injury, on or along any sidewalk, cellar-way, pit, excava-
tion, or other place, where deemed necessary by the common
council.
Fourth. To compel all persons to keep the snow, ice,
dirt or rubbish from the sidewalks, in front of the premises
owned or occupied by them.
Fifth. To establish and erect bridges and to keep in re-
pair and preserve the same and regulate the use thereof and
the travel over the same.
Sixth. To fence, improve, ornament and protect any
public square or other public grounds, and to cause shade
trees to be planted in the same.
Seventh. To direct and regulate the planting and -pre-
serving of ornamental and shade trees in the streets and
highways.
Eighth. To establish [and] support night watches, and to
regulate the same.
cities. 487
Ninth. To take an enumeration of the inhabitants of census,
said city, as often as they shall judge it necessary.
Tenth. To secure the general health of the inhabitants Health,
of the city, to make regulations to prevent the introduction
of contagious diseases into the city, and to establish pest Pest houses.
houses, and provide for the removal of patients thereto, to
prevent the spread of contagious diseases, and make quar-
antine laws for that purpose.
Eleventh. To define and declare what shall be deemed Usances.
nuisances, to authorize and direct the summary abatement
thereof, and to punish the author thereof, by penalties, fines
and imprisonment.
Twelfth. To compel the owner or occupant of any gro- ments, how
eery, cellar, tallow chandler shop, soap factory, brewery, cleased-
barn, privy, or other unwholesome or nauseous place,
house or' establishment, to cleanse, remove or abate the
same, from time to time, as often as may be necessary, for
the health, comfort and convenience of said city.
Thirteenth. To regulate, restrain and prohibit, within the Slaughter houses
city, slaughter houses, slaughtering establishments, tanner-
ies, and all places where any nauseous, offensive or un-
wholesome business may be carried on.
Fourteenth. To prevent and punish the sale of any un- Diseased meat.
sound or diseased meat or provisions.
Fifteenth. To prohibit, prevent and punish the sale or sale of liquors.
giving away of ardent spirits or other intoxicating liquors
within the said city.
Sixteenth. To restrain, prohibit and suppress tippling Doggeries.
houses, dram shops, gaming houses, houses of ill-fame, and
all other disorderly houses, billiard tables, from one to Billiard tables,
twenty pin alleys or tables, and ball alleys or tables, and to
authorize the demolition and destruction of all instruments
or devices used for the purpose of gaming.
Seventeenth. To regulate the times and places of bathing Bathing,
in Rock river, and other waters within the city, and to pre-
vent and punish any obscene or indecent exposure or exhi-
bition of any kind whatsoever.
Eighteenth. To prohibit and and punish any disorderly Breachof peace
conduct, or any disturbance or breach of the peace.
Nineteenth. To prohibit and punish any willful or ma- wiiifui injury of
licious destruction of public or private property. proper y.
Twentieth. To prevent or regulate the rolling of hoops, Hoops and kites,
playing of ball, flying of kites, or any other amusement or
practice having a tendency to annoy persons passing in the
street or on the sidewalks, or to frighten teams or horses.
Twenty-first. To prevent or regulate the ringing of bells, seii ringing.
blowing of horns and bugles, crying of goods, and all other
noises, performances and devices tending to the collection of
persons on the streets or sidewalks, by auctioneers or others,
tor the purpose of business, amusement or otherwise.
488
CITIES.
Pounds.
Wells and water.
Flre3.
fire limits.
Markets. Twenty-second. To erect market houses, establish mar-
kets and market places, and provide for the government
and regulation thereof.
Twenty -third. To establish and erect pounds and regu-
late the same, and to provide penalties and fines for the
breach thereof or any injury thereto.
Twenty -four tli. To establish, make and maintain public
cisterns and reservoirs, and to dig wells and erect pumps in
the streets, for the extinguishment of tires, and the conve-
nience of the inhabitants.
Twenty -fifth. To provide for the prevention and extin-
Hire companies, guisliment of fires, and to organize and establish fire com-
panies, and to regulate the same, and to regulate the
building and fixing of chimneys, flues and stove pipes, to
prevent the deposit of ashes in unsafe places.
Twenty-sixth. To prescribe the limits within which
wooden buildings shall not be erected or placed, or repaired,
or removed, without the permission of the common council,
and to direct that all and any buildings, within the limits
prescribed, shall bo made and constructed of fire proof ma-
terials exclusively, and to prohibit the repairing or rebuild-
ing of wooden buildings within the fire limits, when
the same shall have been damaged to the extent of fifty
per cent, of the value thereof, and prescribe the manner of
ascertaining such damage.
Twenty-seventh. To restrain and punish vagrants, men-
dicants, street beggars and prostitutes.
Twenty- eighth. To restrain and prohibit all descriptions
of gaming and fraudulent devices, and all playing; of dice,
cards, and all games of chance, with or without betting.
Twenty-ninth. To prevent any riot or noise, disturbance
or disorderly assemblages.
Thirtieth,, To regulate, restrain and prohibit the run-
ning at large of cattle, horses, swine, mules, sheep, goats,
geese, and other domestic or domesticated -animals, and to
authorize the distraining, impounding and sale of the same
for the penalty incurred and costs of the proceedings, and
also to impose tines and penalties on the owners of any such
animals for a violation of any ordinance in relation thereto.
Thirty-first. To prevent horse racing, immoderate riding
or driving in the streets, and prohibit and punish the abuse
of animals, and to compel persons to fasten their horses,
oxen or other animals, while standing or remaining in the
streets, lanes, avenues or other public place.
Thirty second. To regulate or prohibit the running at
large of dogs, and to authorize their destruction when at
large contrary to ordinance, and to impose penalties upon
the owners, keepers or harborers thereof.
Thirty-third. To regulate, license, suppress and prohibit
all exhibitions of common showmen, shows of every kind,
concerts and other musical entertainments, by itinerant per-
Vagrants
beggars.
Qaraing.
Stock at large.
Fast driving.
Dogs.
cities. 489
sons or companies, exhibitions of natural or artificial curi-
osities, caravans, circuses, and theatrical performances.
Thirty-fourth. To authorize the mayor, or other proper Licenses,
officer of the city, to grant or issue licenses for such exhi-
bitions, and to direct the sums to be paid for such licenses
and the fees for granting the same.
Thirty-fifth. To license, tax, regulate or prohibit distil- Brewers, ete.
leries, breweries, auctioneers, hawkers and peddlers.
Thirty-sixth. To impose duties upon persons who may Transient sales,
set up temporary establishments for the sale or the disposing
of stocks of goods, whether by auction or otherwise, of not
less than one nor more than five dollars per day ; to pro-
hibit such sales without license, and require security for the
payment of said duties.
Thirty-seventh. To license, tax and regulate hackney carriages, carts.
carriages, wagons, carts, drays and omnibuses, and fix the
rates to be charged for the carriage of persons, and for the
conveyance of property.
Thirty-eighth. To license and regulate porters, and fix porters,
the rate of porterage.
Thirty -ninth. To provide for the inspection and weigh- Hay, coai, wood,
ing of hay and coal, also for the inspection and measuring
of firewood and other fuel to be used or sold in said city,
and to regulate the sale thereof.
Fortieth. To regulate or prohibit the storage of gun- powder,
powder, tar, pitch, resin or other combustible or dangerous
materials within said city.
Forty-first. To regulate, direct and control the laying Railroad tracks
and constructing of railroad tracks, bridges, turnouts, cat-
tle guards and switches in the streets, lanes, alleys and
highways, and the location of depot grounds within the
said city ; to require that railroad tracks, bridges, turnouts,
cattle guards and switches shall be so constructed and laid
as to interfere as little as possible with the ordinary use and
travel of the streets, lanes, alleys and highway s, and that
sufficient space shall be left on either side of said tracks for
the safe and convenient passage of teams and persons ; to
require railroad companies to keep in repair the streets,
lanes, alleys and highways through which their track may
run, and, if ordered by the common council, to light the
same, and to construct and keep in repair suitable crossings
at the intersections of streets, lanes, alleys and highways,
and to construct thereat suitable ditches, drains, sewers and
culverts, when the common council shall deem necessary ;
to direct the use and regulate the speed of locomotive en-
gines within the corporate limits of the city ; to prohibit storage,
and restrain railroad companies, or their agents, from
doing storage or warehouse business, or collecting pay for
storage.
borty-sccond. To establish standard weights and meas- weights ana
ures to be used within the city ; to require" any merchant, measures-
—39
490
CITIES.
Lamp districts.
Wishing.
Special police.
Ordinances and
by-laws.
Punishment
offenders.
retailer, trader, or dealer in merchandise or property of any
description, which is sold by weight or measure, or any
storage and commission merchant, or any person who does
storage business, to cause their weights and measures to be
sealed by the city sealer, and be subject to his inspection :
Provided, that the standard of weights and measures shall
be conformable to those now established by law in this
state.
Forty-third. To erect street lamps, and regulate the
lighting thereof, and, from time to time, create, alter and
extend lamp districts.
jPorty -fourth. To regulate the time and manner of fish-
ing in llock river, within the limits of the said city, and to
prohibit fishing therein with nets or seines.
Forty-fifth. To appoint and maintain a special police
force, when they shall deem necessary, and for such time as
they shall deem proper, and regulate and prescribe the du-
ties thereof.
§ 9. The common council shall have power to make,
pass, ordain, publish, amend and repeal all such ordinances,
by-laws, police regulations, rules, orders and resolutions, as
they may deem proper and necessary for carrying into exe-
cution and effect the powers granted by this act, so that the
same be not repugnant to or inconsistent with the constitu-
tion of the United States and of this state, and to enforce
the observance of all such ordinances, by-laws, police regu-
lations, rules, orders and resolutions, by forfeitures, fines,
penalties, imprisonment and otherwise : Provided, no such
forfeiture, fine or penalty shall exceed one hundred dollars,
and no such imprisonment shall exceed six months.
§ 10. The common council shall have power to provide
for the punishment of offenders, by imprisonment in the
county or city jail, in all cases in which such offenders shall
fail or refuse to pay the fines, forfeitures or penalties which
may be recovered against them.
ARTICLE X.
City debt.
Qeneralfund.
§ 1. The common council shall have power, by ordi-
nance, to annually levy and collect taxes upon the personal
property of the inhabitants of the said chVy, and upon all
the real estate within the same, which shall be subject to
taxation by the state and county, as follows :
First. To annually levy and collect taxes upon all taxa-
ble real and personal estate, sufficient to pay the interest
and the debts of the city, which shall constitute the interest
fund.
Second. To annually levy and collect taxes, not to exceed
five mills on the dollar, on the assessed value of all the
taxable real and personal estate, to defray the general and
CITIES. 491
contingent expenses of the city, which shall constitute the
general fund.
Third. To annually levy and collect taxes upon all taxa- common sciwou
ble real and personal estate, sufficient for the establishment
and support of common schools, which shall constitute the
school fund.
Fourth. To annually levy and collect taxes, not to ex- raxforimprove-
ceed three mills on the dollar, on the assessed value of all
the taxable real and personal estate, for the purpose of the
improvement and keeping in repair the streets, lanes, alleys,
and highways, which taxes shall constitute the street fund.
Fifth. To annually levy and collect taxes on all taxable Bridges,
real and personal estate, when required, for the erection of
a bridge across Rock river, in said city: Provided, the Proviso,
common council may negotiate a loan, on the credit of the
city, for the amount of the estimated cost of any such
bridge, and provide for the payment of such loan, by a series
of taxes annually levied: And, 'provided, however, that the Proviso 2.
cost of such bridge, or such loan, shall, in no case, exceed
twenty thousand dollars: And, provided, that no tax or PrMis» ?■
taxes shall be levied in any one year, under this section,
which shall exceed five mills on the dollar, on the assessed
value of the taxable property in the city.
ARTICLE XI.
THE ASSESSMENT OF CITY TAXES.
§ 1. The taxes levied by the common council shall be Ta^s;i how a3
assessed upon the personal property of the inhabitants of
the said city, and upon the real estate within the same,
which shall be subject to taxation by the state and county.
§ 2. The common council shall, by the first day of April, Appointment of
o * , 1 • i • r ' assessor
in each year, appoint an assessor for the said city.
§ o. Before entering upon the duties of his office, he oath of assessor,
shall take and subscribe an oath that he will, according to
the best of his judgment, skill and ability, diligently, faith-
fully and impartially perform all the duties enjoined upon
him as such assessor.
4. Between the first days of April and July, in each
Time of asses
ment.
and every year, the city assessor shall proceed to take a list
of all the taxable property in the said city, and assess the
value thereof, in the same manner as shall be required by
law of a town assessor.
§ 5. Each person who is required by law to list his taxa- A^8aeds*ment' how
ble property to a town assessor, shall, in like manner, list
his taxable property, taxable in said city, to the said city
assessor ; and, upon being required by the said city assessor,
such person shall sign and deliver to him a certified state-
ment of his personal effects, property, goods and chattels,
moneys and credits, liable to taxation, in the same manner
as he is required by law to do to a town assessor.
-19:
CITIES.
Fraudulent list.
List of merchants
and others.
Capital stock.
Oath of assess-
ment.
§ 6. If any person shall give to the city assessor a false
and fraudulent list, or shall re-fuse to deliver to the said city
assessor, when called upon for that purpose, a list of his or
her taxable property, as required by law, the assessor, as a
penalty therefor, shall assess the property of such person at
double its value; and if he shall neglect or refuse to do so,
said assessor shall be liable, in each case, to a penalty of fifty
dollars, to be recovered in an action of debt, in any court
of competent jurisdiction.
§ 7. Every merchant, broker or stock-jobber, who shall
commence business in the said city after the first day of
April, in any year, and who shall be required bjr law to re-
port to the clerk of the county the probable average value
of the property by him intended to be employed in his busi-
ness, until the first day of April thereafter, shall make a
like report to the city clerk of said city; and if any such
person shall not, within one month after commencing busi-
ness, as aforesaid, make such report, he shall, as a penalty
therefor, pay, in addition to his lawful taxes, two per cent.
upon the value of the personal property by him so employed,
for the use of said city, to be charged and collected as other
taxes— said value to be ascertained by the assessor; or, if
he has made a return of his assessments, then by the city
clerk.
§ 8. The clerk shall enter the average value, so reported,
to the tax list, and the person so making the same shall pay
to the collector a sum which shall bear the same proportion
to all the tax levied; as the time, from the day on which he
shall have commenced business until (lie first day of Apiil
next succeeding, shall bear to one year.
§ 9. The assessment of the capital of any banking com-
pany in said city, having the right to issue bills fir circula-
tion as money, shall be made from the report of the same
made to the clerk of the county by the auditor, pursuant to
law.
§ 10. The city assessor, city clerk, the mayor, the county
clerk, and any justice of the peace, may administer any
oath relating to the assessment of property in the said city,
which may lawfully [be] required to be made ; and said as-
sessor shall be authorized to examine, on oath, any person
■whom he may suppose to have knowledge of the amount or
value of the personal property, money or credits of any
person who shall refuse to list the same ; and in case the
person so required to give evidence shall refuse to be sworn,
or if, having been sworn, he shall refuse to answer any per-
tinent question, the said assessor may proceed in the case,
before a justice of the peace, in like manner as is authorized
by the thirty-first section of "An act for the assessment of
property and the collection of taxes in towns adopting the
township organization law," approved February 12th, a. d.
1853.
CITIES. 49<
§ 11. The assessor shall, on or before the first day of Returns of as-
T V i j p i • l if sessment.
July, in every year, make a return ot his assessment ot
personal property, and also of his assessment of real pro-
perty, to the clerk of the said city, in the same form and
manner as a town assessor is required to return his assess-
ment rolls to the county clerk.
§ 12. The common council shall, upon the return of the correction or
,J , , '■, , .. assessment roll.
assessment by the assessor, examine the same, and, it errors
or omissions shall.be found therein, cause the assessor to
correct and supply such errors and omissions, or do so them-
selves.
§ 13. The common council shall, also, upon the return objections to as-
.. , , .i . ., f . . sessment.
ot the &aid assessment, give notice, by an advertisement in
one newspaper, or more, in said city, that a meeting of the
common council will be held, some time, not less than ten
days after the first publication of such notice, for the pur-
pose of hearing the application of any person who may
think himself aggrieved by the said assessment.
§ 14. The common council may receive the affidavit or Assessment may
?-, . i. , . J , ., -, . be changed.
evidence or any applicant, touching the amount ot his taxa-
ble property, and may examine witnesses concerning the
same, ami touching the value of any real estate, of which
the valuation shall be complained of, and the common coun-
cil shall make such order upon any such application as they
shall think just.
§ 15. If the common council shall have reason to believe,
or complaint shall be made to them, that the real or per-
sonal property of any person has been rated too low in the
assessment, they shall have power to inquire into such assess-
ment and correct the same, and, for that purpose, may ex-
amine witnesses, or may examine witnesses and the party
himself, upon oath, concerning the same, and make such
order as they may think just.
§ 16. When the assessment shall have been corrected Kate of tax.
and completed, the common council shall determine the rate
of taxation. The city clerk shall set down in the assessment
roll, opposite the name of each person, and opposite each
valuation of property, the amount of taxes upon such prop-
erty, at the said rate of taxation.
§ 17. The city clerk shall then make a fair copy of the cc^ t00i "£•
said assessment rolls, and the taxes entered in the same. sale3-
§ IS. To the said copy shall then be annexed a warrant, Tax warrant,
under the seal of the said city, and signed by the mayor
and the city clerk, directed to the collector of the said city,
by his style of office, commanding him to collect from the
several persons named in the assessment rolls the scs eral
sums mentioned in the last column of such roll, opposite
their respective names ; and in case any person named in Property sold
said assessment roll shall fail or refuse to pay his said tax or
taxes, then to levy and make the same of the goods and
chattels of such person, by distress and sale thereof, and to
property.
49-f CITIES.
make payment of the said taxes to the city treasurer, by a
day to be speeiiied in said warrant.
§ 18. Such day shall be fixed by the common council.
and shall not be less than three months from the time of
issuing the said warrant; but the warrant shall be of force
as well after the said day as before.
Taxes a lien on k 19. All taxes and assessments, general or special,
nronprtv. i-n ill -i i 1 •
levied or assessed by the common conned, under this act, or
ordinance, in pursuance hereof, shall be a lien upon the real
estate upon which the same may be imposed, voted, ordered
or assessed, for two years from and after the corrected as-
sessment lists or rolls shall be confirmed, or the passage of
the order or resolution for assessment, and upon personal
estate from and after the delivery of the wan-ant for the col-
lection thereof to the collector until paid ; and no sale or
transfer shah affect the lien. Any and all personal estate
belonging to the debtor may be taken and sold for the pay-
ment of taxes or assessments on real estate, or for the taxes
on personal estate ; and the real estate shall be liable for the
taxes on personal estate, in case of removal, or when the
taxes cannot be made out of the personal estate, in the same
rroyiso. manner as may be prescribed by the laws of the state: Pro-
vided, that in case the collection of any assessment for pub-
lic improvements, or for any other purpose, shall be delayed
by any judicial proceeding, the same shall continue a lien,
unless set aside, upon the real estate for the term of two
years, from and after the final disposition of such judicial
proceeding.
ARTICLE XII.
COLLECTION OF CITY TAXES AND ASSESSMENTS.
Appointment of § 1. jn each year, previous to giving out of the warrant
for the collection of taxes, the common council shall appoint
a collector of taxes for the said city.
Collector's bona § 2. They shall require him, before entering upon his
duties as such collector, to give a bond to said city, in a
penal sum to be specified by them, which sum shall exceed
the whole amount of taxes assessed in such year, with suffi-
cient sureties, conditioned, that he will faithfully perform
and execute Iris duties as such collector, and will well and
truly account for all moneys which he shall have received
as such collector, and that he will pay over to the treasurer
of the city all moneys which he shall have received for
taxes as such collector, within one month after he shall have
received the same.
Collector's oath. § 3. The collector shall, also, take and subscribe an oath,
that he will support the constitution of the United States
and of this state, and that he will faithfully perform the du-
ties of his office.
CITIES. 405
§ 4. The tax list and warrant shall he delivered to the Tax list, when
collector on or before the first day of December, in each and deln,ered-
every year, and he shall immediately proceed to collect the
taxes mentioned therein.
§ 5. He shall call at least once on the person taxed, or collector to can
at the place of residence of such person, if in the city, and on axpayers-
demand payment of the taxes assessed to such person on
the list.
§ 6. All warrants for the collection of taxes and assess- ^en|1ir0ailt „
ments shall also be operative and of full force and effect tj.
throughout the county of Winnebago, and the said collector
shall be authorized to distrain by virtue thereof, anywhere
in said county, and as well without as within .said city.
§ 7. In case any person shall refuse or neglect to pay Distress and sale
any tax or assessment, assessed to him in the said list, the
collector shall levy the same by distress and sale of the
goods and chattels of such person, and such sale shall be by
public auction.
§ 8. The collector shall give public notice of the sale, Notice of sale for
specifying the articles to be sold, and the time and place of
sale, at least six days previous to such sale, by advertise-
ments, to be posted up in three public places in the city, if
the sale shall be in the city ; and if the sale be out of the
city, then in three public places in the town where the sale
is to be.
§ 9. If the property shall be sold for more than the s^p1us retnrn-
amount of the taxes and costs, then the surplus shall be re-
turned to the owner thereof.
§ 10. The collector shall receive payment of the taxes ^ on part of
on any specified part of any lot or parcel of land taxed, if
the part specified be an undivided part, or if being a several
part, the remaining part be sufficient to pay the residue of
the tax assessed upon the said lot or parcel of land.
§ 11. If the tax be not paid on the remaining part, and Part unpaid,
it be severed, the collector shall, in his return, distincti3r
specify such remaining part.
§ 12. If the taxes be paid on an undivided part, the
person paying it shall, if able, state to the collector the
name of the owner of the undivided part, and the collector
shall enter such name in his return of unpaid taxes.
§ 13. If the collector shall be unable to collect any tax Non-resident
j • -J -4. l <-• .-, '' owners.
or assessment assessed in said city by reason ot the non-resi-
dence, removal, absence or insolvency of the person charged
with such tax, or from any error in the tax list, he shall,
when he makes his return, make out a statement in writing,
setting forth the name of the person charged with the tax,
the valuation of the property, the amount of the tax, and
the cause why it is not collected, and make affidavit that
the matters stated in such statement are true and correct;
and, upon filing such statement, the collector may be allowed
the amount of such tax or assessment in his settlement.
Taxes
twice
496 cities.
Taxmaybeadd- § ltL Such tax or assessment, however, shall not be dis-
6(1 tonextyear' charged, and if assessed upon personal property, may be
collected upon the same, or a new warrant, or may be in-
serted in the tax list of the subsequent year, or collected by
an action of debt.
Removal of coi- § 15. The collector may at any time be removed from
Ace. office by the common council for misconduct, neglect of
duty, cr other sufficient cause, and when the office, by any
means, shall be vacant, the vacancy may be filled by ap-
pointment, and the collector so appointed shall proceed with
the collection of taxes remaining uncollected, having first
given the proper bond and taken the proper oath of office.
§ 16. If the original warrant and tax list cannot be had,
a new tax list and warrant may be issued,
paid § 17. Whenever the taxes on the same property shall be
paid more than once, by different claimants, the collector
shall make return of the fact, and the names of the claim-
ants, and pay over the money to the treasurer, but the sur-
plus shall never be refunded.
Receipts for tax. § is. Whenever any person shall pay over taxes to the
collector, the collector shall enter the payment in his list,
and give the person paying a receipt therefor, specifying the
name of the person for whom paid, the amount paid, what
year paid for, and the property on which the tax was levied.
what win pay § 19. City orders or warrants shall only be receivable
for the taxes for the particular fund upon which such order
or warrant is drawn.
Order received § 20. When the collector shall receive any city order or
to be indorsed. warrant for taxes, he shall, at the time of receiving the same,
indorse on the back of such order or warrant the date when
the amount for which, and the name of the person from
whom he received the same.
Return of coi- § 21. The collector shall make a return to the city trea-
surer, and pay over all moneys by him collected, at least
once every thirty days.
Kinai settlement § 22. The collector shall make a final settlement with
the treasurer and the common council within twenty days
after the return day of his warrant.
pay of collector. § 23. The collector shall be allowed, as compensation,
not to exceed two per cent, on all moneys collected by him.
ARTICLE XIII.
OF JUDGMENT FOR CITY TAXES AND ASSESSMENTS.
Delinquent lands § 1. On or before the third Monday of April in each
year, the clerk of the said city shall make out a statement
of all the taxes and assessments, general and special, upon
city lots and lands in said city, which shall not have been
paid, such statement shall be in a tabular form, and shall
contain the name of the persons to whom such lots and lands
were assessed, and a description of the lots and lands upon
cities. 497
which the same were assessed and are due, and the amount
of such tax and assessments due.
§ 2. The mayor and clerk shall then compare and revise
the said statement, and shall add a certificate thereto, under
the seal of the said city, that the same is a true statement
of the taxes and assessments assessed upon lots and lands in
the said city, which remain due and unpaid.
§ 3. The said statement shall then be delivered to the ™s™£ «je-
county treasurer and collector, and he shall add the same to
his delinquent list of state, town and county taxes, and ad-
vertise the same, and shall proceed to take judgment there-
for in the county court of the said county, and sell the lands
under the said judgment in the same manner as for other
delinquent taxes upon land, unless the said taxes and assess-
ments shall be paid to him ; and the same proceedings shall
be had throughout as in case of judgment for other taxes,
and with the like effect.
§ 4. No tax or assessment shall be considered illegal on ^JgJ** aa~
account of any informality in making the assessment, or in
the tax list, or on account of the assessment not being made
or completed within the time required by law.
§ 5. Whenever any money shall be_ received by the T0a*e7e^nnq|£[
county collector for any such delinquent city taxes or assess- lands.
ments, he shall pay over the same to the treasurer of said
city, and for the due performance of his duties in regard to
such delinquent city taxes or assessments, he and his sure-
ties shall be liable upon his official bond as such collector.
ARTICLE XIV.
STREET LABOR
§ 1. The common council shall have power, for the pur- street labor
pose of improving the streets, and keeping the streets, lanes,
alleys and highways, in repair, to require every male in-
habitant in the said city of twenty-one years of age, to labor
on the streets, alleys and public highways within the limits
of said city, for any number of days not exceeding three in
each year.
§ 2. Any person may commute for such service, by pay- street tax-
ino- to the street commissioner at the rate of seventy-five
cents tor each day.
S 3. Everv person, who, after having three days' notice Penalty for re-
,. * i J i '. ■>. . ., ° ill i ii fusing to pay or
Irom the street commissioner to perform such labor, snail labor,
neglect or refuse to perform the same, and shall also neglect
or refuse to commute therefor, shall be liable to a penalty
of one dollar for each day's labor, to be recovered before
any court of competent jurisdiction, and his liability to per-
form the labor shall not thereby be discharged.
5 4. The inhabitants of said city shall not be liable to Exei^* frora
, , i i i- • i> i - i roa(i la°or-
work upon any roads beyond the limits ot the city, and are
hereby exempted from paying any tax in lieu thereof with-
out said limits.
49S
CITIES.
ARTICLE XV.
OF PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
Drains and
era.
Crossings.
Improvements
Grading streets. g l. The common council shall have power, by ordi-
nance, to establish the grade of .all streets and sidewalks in
the city, and to alter the same when they shall deem it ne-
cessary.
§ 2. They shall have power from time to time, by ordi-
nance, order, resolution or otherwise, to cause any street,
highway, alley or lane, or any part of the same, in the said
city, to be graded, filled, leveled, walled, curbed, graveled,
paved, macadamized or planked, and keep the same in re-
pair.
§ 3. They shall have power from time to time, by ordi-
nance, order, resolution or otherwise, to cause public or pri-
vate gutters, drains and sewers, to be constructed, laid, re-
laid, repaired and cleansed.
§ 4. They shall have power from time to time, by ordi-
nance, order, resolution or otherwise, to cause side and
crosswalks to be built, rebuilt and repaired, in any street or
alley, or part of street or alley within said city, of flagstone,
plank or other materials, as they shall think proper.
§ 5. They shall have power whenever any street or part
of street in said city shall be graded down or filled up, to
require, by ordinance, order, resolution or otherwise, the
owners of all lots or land adjacent to or fronting upon such
street or part of street, to erect and maintain retaining or
embankment walls along the front of such lots or land, and
to grade down or fill up in front of such lots or land to a
width not exceeding eight feet, for the purpose of laying a
sidewalk thereon.
§ 6. They shall have power by ordinance, order, reso-
lution or otherwise, to declare any lot or parcel of land in
said city, a nuisance, and require the same to be graded
down, filled up, drained or otherwise improved.
§ 7. All owners of lots or land in front of or adjacent to
which the common council shall order sidewalks to be built,
rebuilt, repaired, and all owners of lots or land in front of
and along which the common council shall require retaining
or embankment walls to be erected and maintained, or gra-
ded down or filled up, for the purpose of laying a sidewalk
thereon, and all owners of lots or lands upon which the
common council shall require private gutters, drains or sew-
ers to be constructed, laid, relaid, repaired or cleansed, and
all owners of lots or parcels of land which the common
council shall declare to be nuisances, and require to be gra-
ded clown, filled up, drained or otherwise improved, shall
build, rebuild or repair such sidewalks, erect and maintain
such retaining or embankment walls, and grade down or
fill up for such laying of sidewalks, construct, lay, relay,
repair or cleanse such private gutters, drains, or sewers,
Time given to
build or repair.
cities. 4:99
nil grade down, fill up, drain, or otherwise improve such
bts or parcels of land, at their own costs and charges, in the
MUiner prescribed, and within the time directed by said
ommon council, not less than twenty days being given for
•uilding, erecting, grading, rilling, constructing, draining or
Improving, and not less than five days for rebuilding, re-
jecting, reconstructing or relaying, and not less than twen-
■'y-four hours for repairing or cleansing, such sidewalks, re-
aming or embankment walls, private gutters, drains or
•ewers, lots and parcels of land, of which time notice shall
|)e given to such owner, by personal service or by leaving
he same at his usual place of business or abode, or by one
oublication in the official newspaper of said city: and if not city may make
'ione in the manner and within the time prescribed, the charge8iots.an
Immon council may cause the same to be built, rebuilt or
repaired, erected and maintained, graded down or filled up,
fepnstruetedj laid, relaid, repaired or cleansed, graded down,
Stilled up, drained or otherwise improved, and assess the ex-
pense thereof, by an order to be entered in their proceed-
ings, upon such lots and lands respectively, and collect such
assessments in the same manner that city taxes upon real
estate for general purposes are collected. A salt may also suit for costs.
be maintained against the owner of the premises chargeable
therewith, for the recovery of such expenses, as for money
paid and laid out for his or her use at his or her request.
The common council may also, by ordinance, impose such Damans for fan-
penalties upon the owners aforesaid, for any neglect or re- ure'
fusal to comply with the aforesaid requirements, not ex-
ceeding ten dollars for each day's neglect, as to the said
common council shall seem proper.
§ 8. In all cases where assessments shall hereafter be Damages added
" , , . ., i i t i to tax and col-
made by the common council on any lot, land or real estate lected.
in said city, in pursuance of the foregoing section, or for any
other special purpose whatever, and the same shall not be
paid previous to making out and delivering the annual tax
list and warrant for the collection of taxes for general city
purposes, forthe year within which such assessments are made,
said assessments shall be set down in said annual list in a
column for that purpose, opposite to the lot, land or real
estate so assessed, as a special tax upon such lot, land or real
estate, and shall be collected in the same manner as the
taxes upon such lot, land or real estate for general city pur-
poses are collected ; and if returned delinquent, judgments
may be taken and sales had therefor in like manner and
with like effect, as judgments and sales for other delinquent
taxes.
§ 9. Nothing in the preceding sections contained, shall owners uabie for
be so constructed as to relieve the owners of real estate from
the duty of keeping the sidewalks in front of, or adjacent
to, their respective premises, at all times in a safe condition
and in a good and thorough state of repair ; but such duty
500
CITIES.
is hereby expressly enjoined and imposed upon all such
owners ; and if at any time any injury shall be sustained
by any individual, or the city shall be subjected to any dam-
ages in consequence of any defect in any sidewalk, or its
being out of repair, the owner of the adjacent premises]
shall be liable therefor, and the same may be recovered by a
suit in any court of general jurisdiction. If the owner be a
non-resident, proceedings may be commenced against the j
property by attachment, as in other cases of attachment un-
der the laws of this state.
BmovaPof'fnuris'- § ^(- -111 a^ eases where expenses may be incurred in
ance. the removal of any nuisance, the common council may cause
the same to be assessed against the real estate chargeable
therewith, and collected in the manner prescribed in the
seventh and eighth sections of this article. Such expenses
shall be likewise collectable of the owner or occupant of
such premises in a suit for money expended to his or their
use. Suit may in like manner be brought for such expenses
against the author of such nuisance when known, or any
person whose duty it may be to remove or abate the same.
Alley tax. g xi. The common council shall have power to compel
the owners or occupants of lots or land fronting or adjoining
any private or public alle}% to keep said alley clean, and if
necessary, to direct the same to be paved, macadamized,
graveled, planked, crosswalks built thereon, or otherwise im-
proved, and the costs thereof to be assessed and collected in
the same manner as sidewalk assessments or assessments
for other public improvements.
p.ar"t:o° ™}}a § 12. When the common council shall order any parapet
bunt by citv 1 1 1 1 • t • ■ i
charged to lots, wall, baluster, rauing, or other safeguard against accident,
to be built or repaired on or along any lot or lands, the
owner of such lot or land shall build and repair the same at
his or her own expense and charges; and in case the same
shall not be built in the time and in the manner prescribed
and directed by the common council, then the same may be
built by the corporation, and the expense thereof assessed
and collected in the same manner as other assessments for
public improvements mentioned in this article.
ARTICLE XVI.
DAMAGES BY OPENING OB, ALTERING STREETS, ETC.
opening streets. § i. When it shall be necessary to take private property
for opening, widening or altering any public street, lane or
alley, or for any other public improvement, the city shall
make a just compensation to the owner thereof.
'^anmg^s. assess § 2- ^ tne amount of such damages cannot be agreed
upon, the mayor shall cause the same to be assessed before
him by a jury of six disinterested freeholders of the city,
and the jury, in estimating the damages in any such case,
shall take into consideration the benefits accruing to the said
CITIES. noi
owner, by reason of such opening, widening or altering of
any such street, Line or alley.
§ 3. The venire for a jury, in any case under the pro- venire for jury,
visions of this article, shall be issued by any justice of the
peace, or police magistrate residing in said city, on the ap-
plication of the mayor, and shall have the same force and
effect as in other cases.
§ 4. All jurors in such cases, shall first be sworn to dili- inquest of jury.
gently and impartially inquire into the amount of benefit
or damages which shall happen thereby to the owners of
property proposed to be taken, and shall make their inquest
in writing, in duplicate, signed by each juror, and they shall
deliver one to the mayor and the other to the owner.
§ 5. The mayor shall have power, for good cause shown, inquest may bo
within ten days after any such inquest shall have been
made and returned to him as aforesaid, to set the same aside
and cause anew inquest to be made.
§ 6. When the inquest of any such jury shall be re- Council to mako
turned to the mayor, he shall, unless a new inquest be 01del'
ordered, report the same to the common council, who shall
make such order or take such action in the case as they
shall think proper.
§ 7. The owner may take an appeal any time within owners may rP-
sixty days from the final order or action of the common pea '
council, by entering into an appeal bond, with sufficient
sureties, in the penal sum of one hundred dollars, condi-
tioned for the payment of the costs of the appeal, and by
filing a copy of the inquest with a copy of the records of the
proceedings of the common council in the case, with such
bond, with the clerk of the circuit court of Winnebago
county. If upon trial in the circuit court the appellant re-
cover more than was awarded to him, he shall recover
costs, otherwise he shall pay them; from which judgment
no appeal or writ of error shall lie. Upon the trial of any
such appeal all questions of damages shall be open to inves-
tigation by the circuit court.
§ 8. The land required to be taken for the making, when lands may
opening, widening or altering any street or other highway, be tak<?11'
shall not be appropriated until the damages awarded there-
for, to any owner thereof, under this act, shall be paid or
tendered to such owner or his agent ; or in case said owner or
his agent cannot be found in the said city, deposited to his
or her credit, in some safe place of deposit, other thru the
hands of the city treasurer, and then such lands may be
taken for the purposes aforesaid.
§ 9. When the owners of all the property abutting or opening of
lying on any street or part of street, lane or other highway strcets"
proposed to be opened, widened, changed or altered, shall
petition therefor, the common council may open, widen,
change or alter the same, upon conditions to be prescribed
r.Oii
CITIES.
Tacation
streeto.
by ordinance ; but no compensation shall be made to any
of said owners for their property taken for the said purpose.
of § 10. VV lien the owners of all the property on any
street or part of street, lane, alley or other highway, shall pe-
tition the common council to vacate the same, the common
council shall have power, if they deem it for the best inter-
ests of the city, to vacate such street, part of street, lane,
allay or other highway, and convey, by quit claim deed, all
interest which the said city may have in said street, part of
street, lane, alley or other highway so vacated, to the owner
or owners of lots and lands next to and adjoining the same,
upon the payment by such owner or owners, to the said city,
of such sum or sums, as the common council shall deem their
respective lots or lands benefitted by the vacation of any such
street, part of street, lane, alley or other highway, as afore-
said.
j£ § 11. The common council shall have power to pass,
streets and ai- publish, repeal and amend all ordinances necessary to carry
leva i . ' l -. ,, - . «' J
into force and effect the powers m reference to streets and
other highways, hereby vested in them.
Ordinances
relation
ley i
ARTICLE XVII.
OF COMMON SCHOOLS.
§ 1. The common council shall have power —
First. To lay off and divide the city into school dis-
tricts, alter 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, fur-
niture, libraries and apparatus.
Fifth. To establish, support and maintain common
schools.
Sixth. To hire teachers and fix their compensation.
Seventh. To prescribe the studies to be taught in the
different schools, and the school books to be used.
Eighth. To appoint a board of school inspectors, not ex-
ceeding five in number, and to prescribe the powers and
duties of such inspectors.
Ninth. To cause the public moneys for the support of
schools, to which the said city or the schools therein, may
be entitled, to be paid into the city treasury, and to direct
the expenditure thereof.
Tenth, To supply the inadequancy of such moneys, for
the payment of teachers, by a school tax.
Tax for school Eleventh. To levy and collect taxes for that purpose,
teadwa. ' and ft>r the building of school houses, and repairing the
same, and for other purposes mentioned in this article.
School districts.
School lot?.
School houses
Furniture,
Schools.
Teachers.
Studies.
Inspector:
School moneys
School tax.
CITIKS. 503
The said taxes to be called school taxes, and the funds
thereof shall be kept a separate fund.
ARTICLE XVIII.
OF ORDINANCES, ETC.
§ 1. The style of the ordinances of the said city shall be, style or ordinan-
"Be it ordained by the common council of the city of Rock-
fordP
§ 2. All ordinances of a general or penal nature, shall, !gjj£fcof onli
within twenty days after they shall have been passed, be
published in some newspaper, printed in the said city, and
shall not be in force until they have been so published.
§ 3. All ordinances of the said city may be proved by ordinances, how
the seal thereof, and when printed and published by au-
thority of the corporation, whether in a newspaper or other-
wise, such printed copy shall be received in evidence in all
courts and places whatsoever, without further proof.
§ 4. The affidavit of the printer or publisher of any E1[^^eofpub"
newspaper, in which any ordinance may be published, that
the same has been duly published, as required in this act,
tiled with the city clerk, or any other competent proof of
such publication, shall be conclusive evidence of the legal
publication and promulgation of such ordinance in all courts
and places.
§ 5. There shall be kept by the city clerk a true record R«c°^of 0l"di"
o Tii nances.
of all ordinances of said city, which have been duly passed
and published according to the provisions of this act, and
no ordinance shall be therein recorded, unless the same has
been so passed and published, and such record shall be evi-
dence in all courts and places.
§ 6. There shall be a digest of the ordinances of the Digest ^of ordi-
said city, which are of a general nature, published within
one year after the passage of this act, and a like digest with-
in every period of five years thereafter, and such digests
shall be evidence in all courts and places without proof.
ARTICLE XIX.
MISCELLANEOUS PROVISIONS.
§ 1. The common council shall cause to be published, A^°"aI state'
annually, a full and complete statement of all moneys re-
ceived and expended by the corporation during the preced-
ing year, and on what account received and expended.
§ 2. All claims against said city shall be audited by the claims, how paid
common council, and all payments, except of the bonded
indebtedness of said city, shall be made by order or war-
rant on the city treasury, and all such orders shall be drawn
on and payable out of the particular fund to which they are
properly chargeable.
50± CITIES.
supervises of §3. The several wards of the city of Rockford, now ercct-
ward8, ed, or which may be hereafter erected, shall be entitled to
elect one supervisor in each ward, in addition to the township
supervisor; and the several supervisors so elected, shall be
members of the board of supervisors of Winnebago county,
and shall have, possess and enjoy all the rights, powers,
privileges and emoluments that are now or hereafter shall
he possessed and enjoyed by the several township supervi-
sors of said county of Winnebago, any law of this state to
Proviso. the contrary notwithstanding: Provided, that no assistant
supervisor or supervisors shall be elected in the town of
Election of ofs- Rockford, in which said city is located. The election of
such supervisors shall be held at the same time, and in the
same manner as the election for township supervisors; and
such election may be held at the usual place of holding mu-
nicipal elections in the several wards, and the notice of such
election may be given by either the town or city clerk.
Appeals allowed. § 4. Appeals shall be allowed in all cases arising un-
der the provisions of this act, or any ordinance or by-law,
passed in pursuance thereof, to the circuit court of the
proviso. county of Winnebago : Provided, that all appeals from
judgments, fines or penalties, shall be prayed for and per-
fected within five days after rendition of judgment.
Process by sum- g 5, Jn all prosecutions for any violation of this act, or
any ordinance or by-law in pursuance thereof, the first pro-
cess shall be a summons, unless oath or affirmation be made
for a warrant, as in other cases; but where any person shall
be arrested on view for the violation of the provisions of
this act, or of any ordinance or by-law of said city, and
brought before the proper magistrate, trial may be had in a
summary manner, and without complaint or process.
cuty may appeal. g 6. The said city may appeal in all cases arising under
any law of this state, or the charter or ordinances of said
city, without giving security ; but in cases of appeal by the
city, the mayor shall execute bond under the seal of the
city, without sureties.
Transcripts to ^ 7. Transcripts of judgments arising under the charter
or ordinances of the city may be taken from the docket of
poljce magistrates, and filed in the office of the clerk of the
circuit court of Winnebago county, and shall have the same
force and effect as transcripts of judgments from the dockets
of justices of the peace, and execution shall be issued there-
on, and collected in like manner.
Fines to be § 8. Any person against whom any judgment may here-
after be recovered in favor of said city of Rockford, for a
penalty or tine, for a violation of any provision of this act,
or any ordiuance of said city, upon refusal or failure to pay
such penalty or line, such person may be required and com-
pelled to work and labor on the streets, lanes, alleys, or
upon other public works of said city, for such time and in
circuit court.
worked out.
CITIES. 505
sucli manner and under sncli restraints, as the common
council may, by ordinance, provide.
§ 9. AH actions brought to recover any penalty, fine or Actions, how
forfeiture, under this act, or any ordinance or by-law of °us'*
eaid city, shall be brought in the corporate name, and it
shall be lawful to declare, generally, in debt, tor such pen-
alty, tine or forfeiture, stating the clause of this act, or tho
by-law or ordinance under which the tine, penalty or for-
feiture is claimed, and to give the special matter in evi-
dence under it.
§ 10. Execution may be issued immediately on rendition Execution on
of judgment, and it, may be a part of the judgment that the llx gmeat-
defendant be confined in the county or city jail until the
amount of the judgment and costs be paid: Provided, no
such imprisonment shall exceed six months.
§ li. Neither the mayor or common council shall remit Fines, how re-
any fine or penalty imposed upon any person for tho viola- nntte '
tion of the laws or ordinances of said city, or release from
imprisonment, unless two-thirds of all the aldermen author-
ized to be elected in said city, shall vote for such release or
remission.
§ 12. No person shall be an incompetent iudge, iustice, Jurors and witr
witness or juror, by reason of his being an inhabitant or
freeholder in the city of Ilockford, in any action or proceed-
ing in which said city is a party in interest.
§ 13. The common council miy, annually, designate one c:ty newspaper
public newspaper, printed in said city, in which may be
published all ordinances and other proceedings and matters
required in any case, by this act or by any ordinance of said
city, to be published in a public newspaper; and such news-
paper shall be the official paper of said city, and the printer
and publisher thereof shall be the city printer.
§ 11. All ordinances, by-laws, rules, orders, resolutions ordinances ia
and regulations now in force in the said city of Rockford,
and not inconsistent with this act, shall remain in force and
effect under this act until altered, modified, amended or
repealed by the common council, after this act shall take
effect.
§ 15. All actions, rights, fines, penalties and forfeitures, R'g^3 accrued,
in suit or otherwise, which have accrued under the act
incorporating the said city of Ilockford, or any of tho acts
amendatory thereto, shall be vested in and be prosecuted by
the corporation hereby created.
§ 16. All property, real, personal or mixed, belonging Property of city.
to the city of Kockford, is hereby vested in the corporation
created by this act, and the officers of said corporation now
in office, shall, respectively, continue in the same until super-
seded in conformity to the provisions hereof, but shall be
governed by this act which shall take effect from and after
its passage.
—40
606
CITIES.
Poweraof coun-
cil.
Acta, how
pealed.
Act repealed.
Acta in force.
§ 17. Nothing in this act contained shall bo so construed
as to deprive the common council of said city of any power
or authority conferred upon the same by the act incorpora-
ting said city, and the several acts amendatory thereto; but
the common council shall possess and enjoy all the powers
and authority heretofore conferred upon the same, except so
far as such powers and authority have been expressly modi-
fied or repealed by this act or the acts heretofore mentioned.
§ 16. This act shall not invalidate any legal act done by
the common council of the city of Rockford, or by its officers,
nor divest their successors under this act of any rights of
property or of action or otherwise, or liability, which may
have accrued to or been created by said corporation prior to
the passage of this act.
§ 19. Any act or part of act organizing the said city of
Rockford, or authorizing the organization thereof, and any
provisions of any act adopted, revised, altered or consolida-
ted by this act, shall be no longer in force or operation as to
the said city, except for the purpose of supporting proceed-
ings had or commenced, ordinances made, acts and things
done, rights acquired, and liabilities, forfeitures and penal-
ties incurred, under and by virtue of the same, so as not to
impair the legal consequences of any past transaction.
§ 20. That an act entitled "An act to give uniform
organization and jurisdiction to inferior courts of local juris-
diction in the cities in this state," approved February 10, a.
d. 1857, be and the same is hereby repealed, so far as the same
applies or relates to the said city of Rockford ; and that an
act entitled "An act for the better government of towns and
cities, and to amend the charters thereof," approved Febru-
ary 27, a. d. 1851, and the acts amendatory thereto, be and
remain in full force and effect as to said city, as a part of
the charter thereof.
§ 21. This act shall be deemed a public act, and may be
read in evidence in all courts and places without proof, and
judicial notice shall be taken thereof in all courts and places.
§ 22. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1SG5.
In force Feb. 16,
1865.
AN ACT further to amend the charter of the city of Rock Island.
Section 1. Be it enacted by the People of the State of
JUinuis, represented In the General Assembly, The aldermen
salary of aider- of said city of Rock Island shall be allowed, as a compen-
sation for their services as such, a salary, not to exceed
the rate of fifty dollars per annum.
CITIES. 50T
§ 2. The city council of said city shall not Lave power, city may not
and is hereby prohibited from subscribing to the capital ^'k. vailro'ul
stock of any railroad company or issuing any bond or bonds,
or other evidence of indebtedness, to any railroad company,
or becoming liable in any way for any such stock : 1'iovidtd, Proviso,
that nothing herein contained shall be so construed as to
prevent said city council from taking up any bonds or cou-
pons heretofore issued by said city, and issuing new bonds
therefor upon such terms and conditions as may be agreed
upon by said city council and the holder or holders of any
such bonds or coupons.
§ '6. The city council of said city shall have power to May collect tom
collect such rates of toll, and from time to time, by ordinance
or resolution, to regulate and charge the same, as to said
city council shall seem, meet and proper for the use of and
passage over and upon that certain bridge, erected by said
city, and leading from Illinois street in said city, over and
across the slough of the Mississippi river to the island of
Rock Island.
§ 4. This act shall take effect and be in force from and
after its passage.
AprnovED February 16, IS 05.
AN ACT to amend an act entitled "An act to enable the citizens of the town in fiirce wtien
of Salem, in Marion county, to become incorporated under the general voted for,
law providing for the incorporation of towns, approved March 3, 1845,
approved February 14, 1855."
ARTICLE I.
OF BOUNDARIES AND GENERAL POWERS.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the city of Salem, in Marion county, embraced Boundaries,
within the following limits, to wit: Beginning at a stone,
the north west corner of section No. 11, township 2 north of
the base line, and range two east of the third principal
meridian ; thence south, 100 chains, to a stone, the S. W.
corner of the N. W. qr. (J) of the IN". "W. qr. (4J of section
No. 14; thence east 120 chains to a stone, 10x12, 6 in.
thick; thence north, 100 chains, to the qr. (J) section corner
of section 1 and 12; thence west, 120 chains, to the place
of beginning, comprising section No. 11, T. 2 N., II. 2 E.,
the W. -J- of section 12, the north \ of N. W. qr. and the •
N. i of N. E. qr. of section 14, and N. \ of N. W. qr. of
section No. 13, all in T. 2 N., R. 2 E., be and they are
hereby constituted a body politic and corporate, by the name
and style of the "City of Salem;" and by that name shall Name and Btyte.
508
CITIES.
Additions.
Wards.
have perpetual succession, and 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 whatsoever; to
purchase, receive and hold property in said city, and to
purchase, receive and hold property beyond the city limits,
for burial grounds and for other purposes, for the use of the
inhabitants of said city ; to sell, lease and convey or dispose
of property, and do all other things in relation thereto as
natural persons; and may have and use a common seal,
which they may change and alter at pleasure.
§ 2. Any trast of land adjoining the city of Salem, laid
oft" into town lots, and duly recorded, as required by law,
the same shall be annexed to and form a part of said city;
and all parcels of land within the aforesaid limits and boun-
daries, that exceed in extent ten acres, shall be exempted
from taxation for city revenue until the same shall be sub-
divided into lots of ten acres or less; and each lot, when so
divided, shall be taxed as other city lots.
§ 3. Until the city council shall otherwise ordain, the
said city shall be divided into four wards, to wit : All that
part of the city lying north of Alain street and east of
Broadway shall constitute the first ward. All that part of
the city north of Main street and west of Broadway shall
constitute the second ward. All that part of the city south
of Main street and west of Broadway shall constitute the
third ward. And all that part of the city south of Main
street and east of Broadway shall constitute the fourth
ward.
ARTICLE H.
OP THE CITY COUNCIL.
Oouncil.
Hoard of aider
men.
Eligibility of offi-
Vacancy.
Classes.
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to bo chosen by the qualified voters
therein for two years.
§ 3. No person shall be eligible to the office of alderman
unless, at the time of his election, he shall reside in the
ward from which he is elected, and shall have resided one
year within the limits of the city, and shall be, at the time
of his election, twenty-five years of age and a citizen of the
United States.
§ 4. If any alderman shall, after his election, remove
from the ward for which he is elected, his office shall thereby
become vacant.
§ 5. At the first meeting of the city council, the alder-
men shall be divided, by election, into two classes in each
ward ; the seats of the first class shall be vacated at the
expiration of one year, and of the second class at the expi-
ration of two years from their election, so that one-half of
the board shall be elected annually.
CITIES. 509
§ 0. The city council shall judge of the qualifications, Elections and re-
election and returns of its own members, and shall determine
all contested elections under this act.
§ 7. A majority of the city council shall constitute a Quorum,
quorum, to do business, but a smaller number may adjourn,
from time to time, and compel the attendance of absent
members, under such penalties as may be prescribed by
ordinance.
§ 8. The city council shall have power to determine the Rules of pro-
rules of its proceedings, punish its members for disorderly
conduct, and, with the concurrence of two-thirds of the
members elected, expel a member.
§ 9. The city council shall keep a journal of its proceed- Journal.
ings, and, from time to time, publish the same; and the
yeas and nays, when demanded by any member present,
shall be taken and entered upon the journal.
^ 10. All vacancies shall be filled by election that shall vacancies, how
o _ J filled
occur in the board of aldermen.
§ 11. Whenever there shall be a tie in any election for Tic vote.
aldermen, a new election shall be ordered forthwith.
§ 12. Ihere shall be twelve stated monthly meetings Monthly meet-
of said council in each year, to be held at such times and
places as may be prescribed by ordinance.
§ 13. The mayor and each alderman, before entering oath of officer*
upon the duties of his office, shall take and subscribe an
oath, before some proper oflicer authorized to administer
the same, that he will support the constitution of the United
States and the state of Illinois, and that he will perform
the duties of his office to the best of his ability.
ARTICLE III.
OF THE MAYOR.
m
and
mayor.
§ 1. The chief executive officer of the city shall be a Election
_ayor, who shall be elected by the qualified voters of the "m°
city, and hold his office for two years, and until his succes-
sor is elected and qualified.
§ 2. No person shall be eligible to the office of mayor Eligibility of
who shall not be eligible to the office of alderman.
§ 3. If any mayor, during the time for which he shall May01'3 °ffiao
ii it • it- -i ■ i. vacant.
have been elected, remove irom the limits ot the city, his
office shall thereby become vacant.
§ 1. When there shall be a tie in any election for mayor, Tiein elections.
a new election shall be ordered forthwith.
§ 5. Whenever the election of mayor shall be contested, contested ei»-
the city council shall determine the same, as may be deter-
mined by ordinance.
§ 6. Whenever any vacancy shall happen in the office ve^^fllIec,bT
of mayor it shall be filled by election.
510 CITIES.
ARTICLE IV.
OV ELECTIONS.
Annual election. § 1. On the first Monday of April next an election
shall be held, in each ward of said cicty, for one mayor,
one marshal and one police justice for the city; also, two
aldermen for each ward of the city; and forever thereafter,
on the first Monday of April, in each year, there shall bean
election held in each ward in the city for a marshal and an
alderman for each ward ; and on the first Monday of April,
of every two years, there shall be an election for one mayor
and one police justice for said city.
Qoamication of ^ ^ A][ ^ ^^ ^.^ j,^^,^^ ovor t)jC age Qf
twenty-one years, who are entitled to vote for state officers,
and who shall have been actual residents of the ward in
which they shall offer their votes thirty days preceding said
election.
siecuons. g g The manner of conducting and voting at elections
to be held under this act and contesting the same, the keep-
ing the poll lists, canvassing the votes, and certifying the
returns, shall be the same, as nearly as may be, as is now or
hereafter may be provided by law at general state elections:
piroYiso. Provided, the city council shall have power to regulate
elections and fix the places of holding the same in each ward,
aaliots. ancj to appoint the judges thereof. The voting shall be by
ballot; and the judges and clerks of election shall take the
same oath as and shall possess the same authority as the
judges and clerks of general state elections, After the
closing of the polls the ballots shall be counted, in the man-
ner required by law, and the returns shall be returned,
sealed, to the city clerk, within one day after the election;
aosuit of eiec- ancj) thereupon, the city council shall read and canvass the
same, and declare the result of the election. The persons
having the largest number of votes for any office shall be
declared elected. It shall bo the duty of the city clerk to
notify all persons elected or appointed to office of either
their election or appointment, and unless such persons shall,
respectively, qualify, within ten days thereafter, the office
shall become vacant.
ARTICLE V.
OF THE rOWEBS OF THE CITY COUNCIL.
Annual tax. § 1. The city council shall have power and authority to
le\'j and collect a tax not exceeding one-half of one per
cent, annually for revenue purposes. All taxes for revenue
shall be levied upon and according to the assessed value of
the property, real and personal, included in said corpora-
tion, as assessed by the county assessor of the county of
Marion, for each year respectively.
CITIES. 511
§ 2. The said city council shall have power, and it shall Rate of tax.
be their duty, before the first day of October of each year,
to determine by ordinance the rate per cent, upon the as-
sessed value of the property assessed by the said county asses-
sor within the limits of said corporation, for which a tax
shall be levied for the current year. A copy of said ordi-
nance, together with an alphabetical list of the resident tax
payers of the city, shall be filed with the county clerk of
the county of Marion, whose duty it shall be to extend such Extension or tax
tax upon the books of the collector for the county of Ma-
rion, in a separate column to be provided for that purpose,
in the same manner that ho is now required to carry out
and extend the district school tax against the name of each
tax payer, whether resident or non resident, owning prop-
erty in said city; and said city tax shall be collected in Tax. how coi-
every respect, and the collection thereof be enforced in like lected'
manner, and with like remedies, as the state and county tax,
and shall be paid over by the collector to the treasurer of
said city at the same time that the county revenue is required
to be paid over to the county. Every court in Marion
county shall have the same power to render judgment
Against lands and lots within said city for taxes due said
city for city purposes, as, for the time being, it may have to
render judgment for county and state taxes, and such judg-
ment shall have the like force and effect as if rendered for
delinquent county or state taxes. For his services in carry- Fee of counu
ing out, adding and extending said tax in the books of the clelk*
collector, said county clerk shall receive one cent for each
lot or tract of land, and one cent on each person's name
assessed for personal property, to be paid out of said city
tax when collected. The collector shall receive the same Fee of collector,
compensation which may be allowed by law for the collec-
tion of county and state taxes, and shall be liable on his
collector's bond for the payment of ail such city tax by him
collected, the fees of the collector to be paid out of the taxes
when collected.
5 3. The citv council shall have power to appoint a clerk, cievk, treasurer,
h,," i i. • • attorney, etc.
•easurer, attorney, and one or more street commissioners,
surveyor and all such other officers as said city council shall
deem necessary to perform the duties required under this
charter and under ordinances of the city, and to prescribe
by ordinance their powers and duties, all of which said
officers shall hold their offices for one year, and until their Term of office,
successors are appointed: Provided, that by a vote of two- Proviso,
thirds of the city council elected any of the officers men-
tioned in this section may be removed from office at any
time before the term of office shall have expired.
§ 4. The city council shall have power to require of all Bond of officer*.
or any officers appointed under this charter such bonds to
the city of Salem, with penalty and security, to be approved
by the mayor and a majority of the aldermen, for the faith-
512
CITIES.
Officers' oaths.
Debt and ex-
pense.
Hospital.
Nuisances.
Pumps and wa-
ter.
Open and close
street.
Boad tax.
Proviso.
Bridges.
Wards and
boundaries.
Lamps.
Right watche3.
Markets.
Olty buildings.
Public grounds.
ful performance of their respective duties, as may be deemed
expedient, and also to require all officers appointed as afore-
said, before entering upon the duties of their respective
offices, to take an oath for the faithful performance of their
duties. The city council shall have power —
First. To appropriate money and provide for the pay-
ment of debts and expenses of the city.
Second. To make regulations to prevent the introduc-
tion of contagious diseases into the city, and for that pur-
pose to make quarantine laws and enforce the same within
one mile from the city limits.
Third. To establish a hospital and make regulations for
the government of the same.
Fourth. To make regulations to secure the general health
of the inhabitants ; to declare what shall constitute a nuisance,
and to make provisions for the prevention and removal of
the same.
Fifth. -. To provide the city with water, to erect hydrants
and pumps in the streets, to build cisterns and reservoirs,
and dig wells in the alleys or publics quares of the city [for]
the supply of engines and buckets.
/Sixth. To open, alter, abolish, close, widen, extend, es-
tablish, grade, pave, or otherwise improve and repair streets,
avenues, lanes, sidewalks, crosswalks, drains and sewers,
and for the purpose of repairing the streets, alleys, cross-
walks, drains and sewers; they shall have power to levy,
annually, a road tax of not more than three days nor less
than one day against every able-bodied male inhabitant of
said city, over the age of twenty-one years and under fifty
years of age, to be collected and expended in such manner
as they shall direct: Provided, always, that the persons as-
sessed shall have the right, if he shall so elect, to work out
his own tax on the sheets and avenues and alleys in the
city, under the direction of the street commissioner, all to
be expended in the ward in which the inhabitants shall re-
side
/Seventh. To establish and keep in repair bridges.
Eighth, To divide the city into wards, alter the boun-
daries and erect additional wards as occasion may require.
Ninth. To provide for lighting the streets and erecting
lamp posts.
Tent/i. To establish, regulate and support night watches.
Eleventh. To erect market houses, to establish markets
and market places, and to provide for the governmert there-
of, and to regulate, license and prohibit butchers, and revoke
their license for malconduct in the course of trade.
Twelfth. To provide for all needful buildings for the use
of the city.
Thirteenth. To provide for the inclosing, improving and
regulating all public grounds [and] cemeteries belonging to
the city, and to regulate the burial of the dead.
una.
cities. oia
Fourteenth. To license, tax and regulate auctioneers, Merchants ana
, , ., .. • i i othei'3.
merchants, retailers, grocers, taverns, ordinal* e-, hawker?,
peddlers, brokers, pawnbrokers and money changers.
Fifteenth. To license, tax and regulate hacks, omnibuses, «»*■ aaa was-
carriages, wagons, carts and drays, and to fix the rates to he
charged fur the carriage of persons and cartage and dray-
age of property.
Sixteenth. To license and regulate porters and the rate Porters.
of porterage.
Seventeenth. To license, regulate and tax theatrical and shows.
other exhibitions, shows of all descriptions and amusements.
Eighteenth. To restrain and prohibit and suppress houses, Fancy houses,
houses of ill-fame, bawdy and other disorderly house-, and
the selling or giving away of any intoxicating or malt
liquors by any person within the city limits.
Nineteenth. To license regulate and tax the selling of Do-gems,
intoxicating and malt liquors within the city for one year,
for which license the said council shall fix the sum to be
paid, the same to be not less than three hundred dollars for
spirituous and malt liquors, nor less than one hundred dol-
lars for malt liquors.
Twentieth. To provide for the prevention and extinguish- Fires.
meat of fires, to organize and establish tire compames, and
to regulate or prohibit the erection ot wooden buildings in
any part or parts of the city, within certain limits to bo
fixed by ordinance.
Twenty -first. To regulate the making of chimneys and c^ey3 and
flues, and the securing of stove-pipes in the city.
Twenty second. To regulate the storage of gunpowder, Powder,
tar, pitch, rosin, and other combustible materials.
Twenty tliird. To regulate and order parapet walls and waiis and fen-
... ,n . 1111 i <?es-
partition lences, and to restrain cattle, horses, and hogs and
dogs from running at large.
Twenty-fourth. To enforce the legal standards of weights *]££!*• and
and measures in all cases, and to entorce the collection ot
fines for non-compliance with the ordinances of said city in
all cases whatsoever.
Tioeniy fifth. To regulate and provide for the inspection L™!^srand ma"
and measuring of lumber and building materials, and for the
measuring of all kinds of mechanical work.
Twenty sixth. To provide for the weighing and inspec- Hay. c°aI»w00d-
tion of hay and stone coal, the measuring of charcoal, lire-
wood and other fuel to be usGd or sold within the city.
Tioenty-seventh. To provide for the taking enumeration Census,
of the inhabitants of the city.
Twenty -eighth. To regulate the election of city officers, m^°n of offi"
and fix the compensation by fees, commissions, or otherwise,
of all city officers, regulate the fees of jurors, witnesses and
others for services rendered under this act, or any ordinance
made in pursuance thereof.
514 CITIES.
city police. Twenty ninth. To organize and regulate the police of* the
city; to impose lines, forfeitures and penalties for the
breach of any ordinance, and to provide for the recovery
and appropriation of such tines and forfeitures and the en-
forcement of such penalties ; and all moneys collected under
and by authority of any city ordinance shall be deemed
and taken to belong to said city, and disposed of by said
city council under the ordinances of said city fur the use
and benefit of the inhabitants thereof.
Ensines and cars Thirtieth,. To regulate the speed with which steam en-
gines and cars may be driven within the city limits.
ah ordinances Thirty first. To make all ordinances which shall be ne-
uecessary. 1 L • . 1.1
cessary and proper to carry into execution the powers speci-
fied in this act, so that such ordinances be not repugnant to
nor inconsistent with the constitution of the United States
or of this slate.
style of ordi- § 5. The style of ordinances shall be, "Be it ordained
hj the city council of the city of Salem.'''1
ordinances in § Q. All ordinances passed by the city council shall,
within twenty days after they shall have been passed, be
published in some newspaper in the city, and shall not be-
in force until ten days after they shall have been published,
as aforesaid.
Ordinances, how § 7. All ordinances of the city may be proven by the
piovei seal of the corporation, and, when planted in book or pamph-
let form, and purporting to be published by authority of
the corporati. n, shall be received in evidence, in all courts
and places, without further proof.
Railroad com- § 8. The city council shall have power to require of all
railroad companies that own, or shall own, any ra Iroad
within the limits of the city, to construct and erect good
and sufficient crossings, at such times and places, on such
roads, as may be directed by said council.
ARTICLE VI.
OF EXECUTIVE POWERS.
casting vote of § 1. The mayor shall preside at all meetings of the city
mayo1' council, and in case of a tie, and no other, shall have a cast-
ing vote. In case of the non-attendance of the mayor at
any meeting, the board of aldermen shall appoint one of
their own members chairman, who shall preside at that
meeting, but who shall not thereby lose his right to vote
upon r.ny question before the board.
special meetings. § 2. The mayor, or any throe aldermen, may call special
meetings of the city council.
General duties 8 3. The mayor shall, at all times, be active and vigi-
of mayor. -, " . r • *1 l i t ±- *i
• iant in enforcing the laws and ordinances for the govern-
ment of the city. lie shall inspect the conduct of all sub-
ordinate officers of the city ; shall cause negligence or vio-
lation of duty to be prosecuted and punished, lie shall,
CITIES. 515
from time to time, communicate to the board of aldermen
such, information and recommend such measures as, in his
Opinion, may tend to the improvement of the finance:-, the
health, security, comfort and ornament of the city.
§ 4. lie is hereby authorized to call on every male in- Enforcement o*
habitant of said city, over the ago of eighteen years, to aid
in enforcing the laws and ordinances, and, in case of a riot,
to call out the militia, to aid him in suppressing the same,
or other disorderly conduct, preventing and extinguishing
fires, securing the safety of the city, or in carrying into
effect any law or ordinance. Any person who shall not
obey such call shall forfeit to said city a fine of not less than
five nor more than twenty-live dollars.
§ 5. lie shall have pow°r, whenever he shall deem it E-Nhibitofbook*
necessary, to require of any of the officers of said city an
exhibit of his books and papers.
§ 6. He shall have power to execute all ac!s that may be
required of him by any ordinance made in pursuance of
this act.
6 7- He shall also have such jurisdiction as may be jru,''lsd!c,!on ot
vested in him by an ordinance ot the city, m and over all
places within one mile of the city limits, for the purpose of
enforcing the health and quarantine ordinances and regula-
tions thereof.
§ 8. In case the mayor shall, at any time, be guilty of JIa'coniluc' oi
a palpable omission of duty, or shall willfully and corruptly
be guilty of oppression, malcond.uct, or partiality, in dis-
charge of the duties of his office, he shall be liable t<> indict-
ment in the circuit court of Marion county, and, on convic-
tion, shall be fined in a sum not exceeding two hundred
dollars; and the court shall have power, on a recommenda-
tion of the jury, to add to the judgment of the court that
he be removed from his office.
§ 9- The mayor shall receive such compensation for his Payor mayor,
services as shall be provided by ordinance.
§ 10. All ordinances and resolutions shall, before they ordinances.
take effect, be placed in the office of the city clerk, and if the
mayor approves thereof he shall sign the same, and such as
he shad not approve he shall return to the city council, at
the next regular meeting thereof: Provided, such meeting Proviso.
shall be two days or more after the first passage of the
same; otherwise to the next subsequent meeting of the city
council, with his objections thereto : Provided, further, that Proviso 2.
if the mayor shall not return the same, as above provided,
he shall be deemed to have approved the same. Upon the
return of any ordinance or resolution by the mayor, the
vote by which the same was passed shall be reconsidered, and
if, after such reconsideration, a majority of all the members
elected to the city council shall agree, by ayes and nays,
which shall be entered on record, to pass the same, it shall
go into effect, notwithstanding the mayor may neglect or re-
fuse to approve the same.
516 CITIES.
powersofmayor § 11. The mayor shall, ex officio^ have power to admin-
ister any oath required to be taken by this act, or any law
of this state, to take depositions, the acknowledgment of
deeds, in i : . and all other instruments of writing, and
certify the same, under the seal of the city, which shall he
good and valid in law, for all the purposes of record or evi-
dence.
Acting mayor. § ^q. In case of vacancy in the office of mayor, or of
his being unable to perform the duties of his office, by rea-
son of temporary or continued absence or sickness, the city
council shall appoint one of its members, by ballot, to pre-
side over their meetings, whose official designation shall be
"acting mayor;" and the alderman, so appointed, shall be
vested with all the powers and perform all the duties of
mayor, until the mayor shall assume his office, or the vacan-
cy be tilled by a new election.
ARTICLE VIL
OF POWERS AND DUTIES OF OTHER OFFICERS.
Duty of cierk g i# t;10 clerk shall keep the corporate seal and all
papers and books belonging to the city. lie shall attend all
meetings of the city conned, and keep a full record of their
proceedings in the journal ; and copies of all papers duly
tiled in his office and transcripts from the journals of the
proceedings of the city council, or other records of his office,
certified by him, under the corporate seal ; shall be evidence,
in ail courts, in like manner as if the originals were pro-
duced. He shall, likewise, draw all warrants on the trea-
sury, and countersign the same, and keep an accurate ac-
count of all receipts and expenditures, in such manner as
the city council shall direct ; and he shall have power to ad-
minister any oath required to be taken by this act.
Duty of attorney § 2. It shall be the duty of the city attorney to perform
all professional services incident to his office, and, when re-
quired, to furnish written opinions upon the subjects and
questions submitted to him by the mayor, the city council,
or any of its committees.
Dnty of treasurer § 3. The city treasurer shall receive all moneys belong-
ing to the city, and shall keep an accurate account of all
receipts and expenditures, in such manner as the city coun-
cil shall direct. All moneys shall be drawn from the trea-
sury in pursuance of an order of the city council, by war-
rants, signed by the mayor, or presiding ofiicer of the
city council, and countersigned by the clerk. Such war-
rants shall be numbered to correspond with the order grant-
ing the same, and shall specify for what purposes the amount
named therein is to be paid. The treasurer shall exhibit to
the city council, at least twenty days before the annual elec-
tion of each year, and oftener, if required, a full ana detailed
account of all receipts and expenditures, for all purposes,
CITIES. 517
after the date of the last annual report, and, also, the state; of
the treasury, which account shall be Hied in the office of the
clerk.
§ 4. The city marshal shall perform such duties as shall Duty or marshal.
be prescribed by the city council, for the preservation of fhe
public peace, the observance and enforcement of the ordi-
nances and laws. He shall possess the [power] and authori-
ty of a constable, at common law, and under the statutes of
this state, and receive like fees. He shall, before entering
upon the duties of his office, execute a bond, such as the
mayor and a majority of the aldermen shall approve, and
tile the same with the city clerk He shall have power to
appoint one or more deputies, who shall take the oath of office
prescribed herein, and who shall possess all the power of
and bo entitled to like fees as the city marshal, subject, nev-
ertheless, to removal, at pleasure, by the marshal, or the city
council, by a majority vote thereof: Provi the city Proviso.
marshal shall be responsible for all acts of his deputy or
deputies, done under color of office.
§ 5. The city surveyor shall have the solo power, under Duty of surveyor
the control of the city council, to survey within the city
limits, and shall be governed by such rules and ordinances
and receive such fees and emoluments for his services as the
city council shall direct jfnd prescribe. lie shall possess the
6ame power, 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, and to all plats and
surveys made by him, as are or may be given by law to the
acts, plats and surveys of a county surveyor. lie shall,
when required, superintend the construction of all public
works ordered by the city, make out the plans and estimates
thereof, and contract for the execution of the same. He
shall perform all surveying and engineering, under their
direction, establish the grades and boundaries of streets .-ind
alleys ; but such plans, estimates, contracts, grades and boun-
daries shall bereported to and be approved by the city council.
§ 6. It shall be the duty of the street commissioner, tin- Duty of Btrec*
der the direction of the city council, to superintend the con-
struction and repairing of bridges, opening, grading, and
improving of all streets and alleys, the construction and re-
pairing of sidewalks, culverts, sewers and crosswalks, and of
all public local improvements, generally, in their respective
districts, and to carry into effect, all orders of the city coun-
cil in relation thereto. He, or they, shall keep accurate ac-
counts of all receipts and expenditures by them made or re-
ceived, and render monthly accounts thereof to the city
council.
§ 7. If any person, having been an officer of said city, Failure to de-
shall not, within ten days after notification and request, de- papers.0 3an
liver to his successor in office all property, books, papers and
effects of every description, in his possession, belonging to
518 CITIES.
the city, or appertaining to his said office, lie shall forfeit and
pay, for the use of the city, fifty dollar?, besides all damages
caused by his refusal or neglect so to deliver up the same,
and such successors shall and may recover possession
of the property, books, papers, and effects appertaining to
his office, in the manner prescribed by the laws of this state.
°^CnJa.commis" S- ^-N officers elected or appointed under this act, (ex-
cept aldermen and mayor,) shall be commissioned by war-
rant, under the corporate seal, signed by the mayor or pre-
siding officer of the city council, and by the city clerk.
Arrests with or g n. The mayor, aldermei!, marshal, and his deputies,
without process '-; ■' ' » 1 '
and watchmen, shall be conservators ot the peace, and all
officers of the city created conservators of the peace by this
act, or authorized by any ordinance, shall have power to ar-
rest, or cause to be arrested, with or without process, all
persons wdio shall break the peace or be found violating
any ordinance of the city, commit for examination, and, if
necessary, detain such persons in custody over night, or the
Sabbath, in the watch-house, or any other safe place, or un-
til they can be brought before the police justice, and shall
have and exercise such other powers ;s conservators of the
peace as the city council may prescribe.
ARTICLE VJir.
MISCELLANEOUS PROVISIONS.
offenders. g 1. The city council shall have power to prescribe
[provide! for the punishment of offenders by imprisonment
in the county or city prison, if there be one, in all cases
where such offenders might lawfully be imprisoned under
the constitution and statutes of this state.
*^nL Htate" § 2. The city council shall cause to be published, an-
nually, within one month of and previous to election, a
full and complete statement of all moneys received and ex-
pended by the city charter during the preceding year, and
on what account received and expended by the corporation,
said statement to be published in some newspaper printed in
the city, or by posting the same up in three of the most
public places in the city, at least ten days previous to the
election.
°tori<neancc3 in § 3. All ordinances and resolutions passed by the presi-
dent and trustees of the town of Salem, shall remain in full
force until the same shall have been repealed by the city
council hereby created.
Present trustee § 4. The present board of trustees of the town of Salem
shall have power, and it is hereby made their duty, before the
first Monday in the month of April nextto designate one place
in each ward in the city as the place of holding the first elec-
tion under this act, and appoint three judges, (giving the
judges the power to appoint clerks for the wards respect-
ively) of elections for each ward, who shall be sworn faith-
CITIES. 519
fully to discharge the duties of their office, and shall pre-
side at paid first election, canvass the votes and make
returns thereof within three days thereafter to the cleric of the
town board, whose duty it shall be to notify the persons
elected of their election within three days after the town
board shall have determined who are elected, as provided in
the next section.
§ 5. The president and board of trustees of the town of canvass or votes
Salem shall hold a meeting on the 10th day of April next
for the purpose of determining who is elected to each office
under this act, and shall cause the officers elected to be no-
tified of their election as herein provided.
§ 6. All actions, fines, penalties and forfeitures which Actionsand fines
have accrued, or may accrue to the president and board of
trustees of the town of Salem, for the use of the inhabitants
thereof, shall be, and they are hereby declared vested in the
corporation hereby created, and no suit commenced by the
president and of trustees of said town shall abate by
reason of the passage of this act, but may be prosecuted to
effect, the same as if this act had. never passed, and in the
name in which the same' was originally commenced.
§ 7. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law and equity
within this state, without proof.
§ 8. The certificate of the city clerk, under the seal of Evidence of o*
the city, shall be conclusive evidence of the passage of all
ordinances and by-laws, and of the legal publication thereof,
to which it may be attached, in all courts and places.
§ 9. All actions brought to recover any penalty or Manner of suit,
forfeiture under this act, or any ordinance, by-law or police
regulation, made in pursuance thereof, shall be brought in
the corporate name of the city, and it shall be lawful "to de-
clare generally in debt for such penalty, fine or forfeiture,
stating the clause of this act or the date of the passage of
the by-law or ordinance under which the penalty or forfeit-
ure is claimed, and to give the special matter in evidence
under it.
§ 10. In prosecutions for any violation of any ordinance, Process in suit«-
by-law or other regulation, the first process shall be by
summons, unless oath or affirmation be made for a warrant
as herein provided.
§ 11. A warrant shall issue in all cases in favor of the
city of Salem, for a violation of any ordinance, by-law or
other regulation, when any person shall [make] oath or af-
firmation that such a violation has been committed.
§ 12. The city of Salem, hereby incorporated, shall city to assume
assume all the liabilities of the corporate town of Salem, [own!Uea
and the city council shall provide for the payment of the
same, and all warrants or orders drawn by the president
and board of trustees of the town of Salem, and all war-
520
CITIES.
rants drawn by order of the city council shall he received in
payment of all taxes levied by the city council of Salem.
Appeals allowed. § 13. Appeals shall be allowed from decisions in all
cases arising under the provisions of this act, or any ordi-
nance passed in pursuance thereof, to the circuit court or
county court, as the case may be, of said Marion county,
and every such appeal shall be granted in the same manner
and with like effect as appeals are taken from and granted
by justices of the peace to the circuit court under the laws
of this state.
Election of offi- § 11. There shall be elected, at the first election for city
officers, and every two years thereafter, one police magis-
trate, who shall hold his otfice for the term of two years
jurisdiction of and until his successor shall he elected and qualified. The
mayor and ... ... . , , . , {■.
magistrate. may or ot the city, ex officio, and the said police magistrate
shall have in their county the same jurisdiction, power and
emoluments as justices of the peace in this state, with this
addition, that their jurisdiction shall extend to all cases
where the plaintiff's demands shall not exceed the sum of
two hundred and fifty dollars. The governor shad com-
mission the said mayor and the said police magistrate, and
each one shall execute and deliver to the city clerk, within
twenty days after his election, a bond, to be approved by
said , with one or more good and sufficient securities,
in the sum of not less than two thousand dollars, con-
ditioned that he will justly and fairly account for and pay
over money that may come into his hands under any judg-
ment or otherwise, by virtue of his said office, and that he
will well and truly perform all and every act and duty en-
joined on him by this charter or the laws of this state to the
be-t of his skill and abilities. Said bond shall be made pay-
able to the city council of the city of Salem, for the use ot the
people of the state of Illinois, ami be held for the security and
benefit ot" all suitors and others who may be aggrieved or
injured by the magisterial acts or misconduct of said police
magistrate, [or] of said mayor, while acting as police magis-
change of venue, trate. Change of venue may in all cases be taken from
one of the above police magistrates to the other, and the
practice and usages of the same shall be as in the justices'
court.
Election "for or § 15, The present board of trustees of the town of
Salem, to-wit: Rufus P. McElwin, Samuel S. Chonce,
Renrad Bolinger, John B. Kaorg and Dr. W. M. Finley
shall immediately after the passage of this act take meas-
ures to promulgate this law within the limits of the city of
Salem, and issue their proclamation for an election to be
held in said town at least ten days prior to the election of
ci ty officers, at which election the inhabitants residing
within the territory described in the first section of the first
article of this act, who are authorized to vote for state offi-
cers, shall vote "for the charter," or "against the charter;"
against
ter."
chav-
CITIES. 521
and if a majority of the votes given at such election shall
be " for the charter," this act shall immediately take effect
as a law, and the above named trustees shall proceed as
directed in article eight and section four of this act ; but if
a majority of the votes shall be given " against the charter,"
then this act shall be of no effect.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to incorporate the City of in force Feb. 16,
Shelby ville," approved February 16, 1863. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all that
part of the act to incorporate the city of Shelby ville, ap- President to horn
X r -iti* office four Y6EU"*
proved February 16th, 1863, that provides that the presi-
dent of said city shall hold his office for two years, be and
the same is hereby repealed, and that said officer shall hold
his office for four years, and until his successor shall be
elected and qualified.
§ 2. The president of said city shall be elected on the Election or P*esi-
first Monday of April next, at the same time and place as
provided for the election of four councilmen of said city,
and shall hold his office for four years, and until his suc-
cessor shall be elected and qualified.
§ 3. That until said election for president, as aforesaid, J"]'£k"°fnea£'
on the first Monday of April, a. d. 1865, and no longer, any
justice of the peace within the corporate limits of said city,
shall have jurisdiction in all cases arising under the ordi-
nances of said city, for all violations thereof, and all moneys
collected by said justices of the peace, for violation of any
ordinance, shall belong to the city, and shall be paid into
the city treasury.
§ 4. That in all cases in which private property is taken, Benefits and in-
as provided in the charter of said city, for the opening, al- itJIets! openlng
tering, extending, widening, or in any manner changing any
street, avenue or alley, in determining the damages to be
assessed, the jury shall take into consideration the benefits
as well as injuries occasioned b}T or resulting therefrom.
§ 5. That the city council of said city shall have power Finea.
by ordinance to make fines and forfeitures for any violations
of the same, not to exceed one hundred dollars.
§ 6. That all the provisions of the law to incorporate the what '« repealed
said city, in relation to the president therein provided for,
except as repealed by this act, shall apply to the president
provided for in this act.
—41
522 cities.
§ 7. All provisions of the law incorporating the said
city of Shelbyville inconsistent with this act are hereby
repealed.
§ S. This act shall be in force from and after its passage.
Approved February 16, 18G5.
ed.
n force Feb. 16, AN ACT to amend the third section of article (8) eight of the charter of the
1865. City of Springfield, Illinois.
Be it enacted by the People of the State of Illinois, re-
presented in the General Assembly, That section (3.) third,
charter amend- article (8th) eighth, of the charter of the city of Springfield,
be and the same is hereby so amended as not to require a
majority of the owners of real estate within any district to
petition the city council for the construction of drains and
sewers in districts, but leave it discretionary with the city
authorities to construct them, when by them deemed neces-
sary-.
This act to be enforced from and after its passage.
Approved February 16, 1S65.
In force Feb. 16, AN ACT to amend the fourteenth section of an act to amend the -charter of
1865- the City of Springfield, Illinois, concerning Oak Ridge Cemetery.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the four-
Hth section of teenth section of "An act to amend the charter of the City
charter amend- of gpringfieldj» approvod February 15, 1859, be and the
same is so amended as to read "section twenty-one (21) and
twenty-two, (22,) in township sixteen, north of range five,
west of third principal meridian, or so much thereof as may
Managers of oak be necessary for burying purposes; also, to empower the
toVeciarc'nui^ board of managers of Oak Ridge Cemetery to declare nuis-
ances within one-half (J) mile of said cemetery, and to em-
power the city council of said city, by ordinance, to impose
a fine or penalty on those who do not, after notice given,
remove any declared nuisance, by said board of managers."
§ 2. This act to be enforced from and after its pas-
sage.
Approved February 16, 1865.
• cities. 523
AX ACT to amend the charter of the Citv of Springfield. In force Feb. 16.
1965.
Section 1. Be it enacted by the Ptople of the State of
Illinois, represented in the General Assembly, That the pro-
visions of the citv charter of the city of Sprinedield, and the circuit court of
t i " . in .1 r i .i • Sancamon
amendments thereto, shall not be so construed as to deprive county have ju-
the circuit court of Sangamon county, of jurisdiction to try nsdlctl0n-
and punish persons who shall, within the corporate limits of
said city, violate the provisions of the one hundred and
twenty-seventh, (127,) the one hundred and twenty-eighth,
(128,) and the one hundred and thirtieth (130) sections of
the criminal code, as contained in the Revised Statutes of
1845.
§ 2. This act shall be in force from and after its pas-
sage.
Appeoved February 16, 1S65.
AN ACT to enable the Citv of Warsaw to lew a tax, to pav off its indebt- In force Feb. 16,
edness. 1365-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the city
council of the city of "Warsaw, in the county of Hancock, Tax to pay in
and state of Illinois, are hereby authorized and empowered
to levy a tax upon all the taxable property within said city,
for the purpose of enabling said city to pay off the principal
and interest of their indebtedness: Provided, however, that Proviso,
said council of the city of "Warsaw shall not levy a greater
tax for such purpose, in any one year, than one-fourth of
one per cent, upon the taxable property of said city, as the
same shall be returned by the assessor of said city.
§ 2. All acts and parts of acts heretofore passed, and
inconsistent with this act, are hereby repealed.
§ 3. This act to be in force from and after its passage.
Appeoved February 16, 1865.
AX ACT to amend an act entitled "An act to incorporate the Citv of Wauke- in force Feb. 15,
gan," approved January 23, 1859. 18G5-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the act
incorporating the city of Waukegan, approved January 23, ^"J"1..*^ may
1859, be and the same is hereby so amended as to author-
ize the city council of "Waukegan, for the purpose of sup-
524: COMMERCIAL CORPORATIONS.
porting a system of free schools, to levy such tax upon the
real estate and personal property in said city school district
as they may deem necessary for that purpose, not exceed-
ing eighty cents on each one hundred dollars' valuation.
Fee of collector. § 2. Section seventy-one of said act incorporating the
city of Waukegan, is hereby amended, by adding the words
"and collected by him'1 after the words "levied by the city,"
so that said section seventy-one shall read as follows, to-wit :
"The collector shall receive for his compensation, as such
collector, two per cent, upon all taxes levied by the city and
fee of treasurer, collected by him ; and the treasurer, for his compensation, the
sum of one-half of one per cent, for receiving, and one-half of
one per cent, for disbursing moneys which shall come to his
hands as such ; which fees of the collector and treasurer
shall be paid out of the general fund, and no part thereof
shall be paid out of moneys received for school and educa-
tional purposes.
part stricken out § 3. Section seventy-two (72) of said act incorporating
the city of Waukegan is hereby amended, by striking out
the words, "and the city clerk shall have the same powers
and perform the same services as devolves on the county
clerk of said county, in like cases, and shall receive the same
compensation therefor."
§ 4. This act shall be in force from and after its passage.
Approved February 15, 1S65.
In force Feb. 16, AN ACT to incorporate the Cairo Chamber of Commerce.
1S65. x
Section 1. Be it enacted by the People of the State of
Illinois, represented in, the General Assembly, That George
Name and style. D. Williamson, D. Hurd, Henry Winter, James W. Musson,
John Patton, John Cyrus, William P. Halliday, Cornelius
O. Callahan, A. B. Safford, Joseph McKenzie, Ward L.
Smith, John Clancy, Dyos T. Parker, II, A. Johnson,
Thomas Wilson, James S. Rearden, of Alexander county,
their associates and successors, are created a body politic
and corporate, under the name and style of the "Cairo
Chamber of Commerce," and by that name shall have suc-
Generai powers, cession, may sue and be sued, implead and be impleaded,
in any court of law or equity ; receive and hold property,
effects and hereditaments real and personal, by gift, de-
vise, purchase or acquisition, and dispose of the same, by
gift, lease, sale or otherwise ; and they and their successors
shall have a common seal, and may alter and change the
same at their discretion • and may make such rules, regula-
tions and by-laws, and change the same, as may be neeessa-
COMMERCIAL CORPORATIONS. 525
ry and proper for the government and for the management
of the business ot the corporation hereby created.
§ 2. All the finance and business concerns of the corpo- Directors,
ration shall be managed and conducted by a board of direc-
tors.
§ 3. The board of directors shall consist of a president, Direotoo-s, how
vice-president, and eleven directors, all of whom shall be
residents of the state of Illinois ; they shall be elected by
ballot, each share-holder having a vote for each share of
which he shall be the owner, on the first Tuesday of March . -
of each year. Their term of office shall continue for one
year from said date, or until their successors shall be elected
and qualified. In case of any vacancy, the same shall be
filled by like election, to be held after ten days' notice, given
by the president of said board ; which said notice shall be giv-
en at the request of any member of the corporation. Seven of
the members composing said board shall constitute a quo-
rum for the transaction of business.
§ 4. The time and manner of holding elections and Term of office,
making and appointing of said officers and appointees as
are not named in section third of this act, shall be establish-
ed by the b}r-laws and regulations of said corporation.
§ 5. The said corporation shall have the right to make By-iaws.
such by-laws, rules and regulations, as they may adopt for
the government of said corporation, and the admission and
expulsion of members : Provided, no person shall ever be Proviso,
rejected or expelled for religious or political tenets ; and no
member shall be expelled, or any penalty inflicted upon
said member for any offense against said corporation, ex-
cept upon conviction, after due notice and a fair trial and
hearing in the presence of the accused, (unless said member
has absconded.) who shall be permitted to examine and
cross examine witnesses upon said trial. The testimony ta-
ken at said trial, if requested by either party, shall be taken
in writing and accessible to either, for reading, copying, or
publishing the same.
§ 6. Said corporation may constitute and appoint com- Reference, arbi-
mittees of reference and arbitration, and committees of ap- tratlon* appea *
peals, who shall be governed in their practice by the cus-
toms and usages of arbitral ions and awards for the settle-
ment of such matters of dispute and difference between
members, as may be voluntarily submitted for arbitration
by members of the said corporation. The acting chairman
of either of said committees, when sitting as arbitrators, as
aforesaid, may administer oaths and affirmations, and issue
subpoenas and attachments compelling the attendance of
witnesses, the same as justices of the peace, in the county of
Alexander, and in like manner deliver to any constable or
the secretary of said corporation, to execute, who are hereby
empowered to execute the same.
520 COMMERCIAL CORPORATIONS.
Final award. § 7. When any submission shall have been made, in
writing, and a final award shall have been rendered, and no
appeal taken within the time fixed by the by-laws, then, in
filing such award together with any written exceptions that
may be filed in said submission by either party, in any
court of record where such arbitration shall be held, or in
any court of record where the party against whom said
judgment and award may be found resides, and judgment entered thereon,
and execution issued in the same manner and under the
same rules and regulations that other awards may be en-
tered, under and by virtue of the permission of the seventh
chapter of the Revised Statutes entitled "Arbitrations and
Awards," writs of error may be had and appeals taken
from the decisions of the court, in the same manner as is
prescribed in said chapter.
]jonds of officers § 8. It shall be lawful for said corporation, when they
shall think proper, to receive and require of and from their
officers, whether elected or appointed, good and sufficient
bonds for the faithful discharge of their duties and trusts ;
and the president and secretary are hereby authorized to ad-
minister such oaths of office as may be prescribed in the
by-laws or rules of said corporation ; and bonds shall be
made payable and conditioned as prescribed by the rules or
by-laws of said corporation, and may be sued and the moneys
collected and held for the use of tiie party injured, or such
other uses as may be determined upon by said corporation.
weighers and ft q_ Said corporation shall have power to appoint one
gaugers. ° i . , L .' ' . .
or more persons, as they may see fit, to examine, weigh,
measure, gauge, or inspect flour, grain, provisions, liquor,
lumber, or any other article of produce or traffic commonly
dealt in by the members- of said corporation; and the cer-
tificate of said person or inspector, as to the quality or quan-
tity of any such article, or their brand or mark upon it or up-
on any package containing any such article, shall be evidence
between buyers and sellers, of the quality, grade or quan-
tity of the same, and shall be binding upon the members of
said corporation or others interested, and acquiescing or as-
senting to the employment of such weigher, measurer,
ganger or inspector. Nothing therein contained, however,
shall compel the employment, by any one, of any such ap-
pointee. That such weighers, measurers, gaugers and in-
spectors shall have the right to weigh, measure, gauge and
inspect all such goods, wares and merchandise, in the place
where it may be situate, if the same privilege is granted by
the bailee to any appointee of any other corporation, asso-
ciation, company or person, for like purposes.
Fines uoder by- § 10. Said corporation may inflict fines upon its mem-
bers and collect the same, for breach of its rules, regulations
or by-laws, but no fine shall exceed one hundred dollars.
Such fines may be collected by an action of debt, in the
name of the corporation, before any court of record, or be-
laws.
COMMERCIAL CORPORATIONS. 527
fore any justice of the peace in Alexander county or in the
county wherein the party fined shall reside; and any
share or shares, standing in the name of the member, or so
much thereof as shall fully pay and satisfy said fine, to-
gether with the costs due in the collection of the same, shall
not be transferred until said fine and costs are fully paid.
§ 11. The corporators named in this act, or any five of Boots for capital
them, may, upon giving three days' notice, by publication in stock'
a newspaper published in Cairo, open books for subscrip-
tions to the stock of said corporation. The shares shall not
exceed twenty dollars each; and whenever fifteen subscri- officers of boani.
bers may have paid five per cent, of their subscription, an
election of officers may be had and an organization perfected
under this act. In the election of president, vice president,
and board of directors, each share shall be entitled to a vote,
but nothing herein contained shall authorize any sharehold-
er to vote or have any privileges of the corporation, other
than subject to the rules, regulations and by-laws for the '
regular government of members of this said corporation.
The capital stock of said chamber of commerce shall not capital stock.
exceed fifty thousand dollars, to be fixed by by-law, and shall
be used only for constructing a proper building for the use
of said chamber of commerce.
§ 12. This act shall take effect from and after its pas-
sage.
Approved February 16, 1865.
AN ACT to incorporate the Mercantile Association of Chicago. In force Feb. U,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in [the'] General Assembly, That George
C. Cook, William E. Doggett, John Tyrrell, John D. Far- Name and style
well, Edwin Burnham, Merrill Ludd and James H. Bowen,
of the city of Chicago, in the state of Illinois, their asso-
ciates and successors, are created a body corporate and
politic, under the name and style of the "Mercantile Asso-
ciation of Chicago," and by that name shall have perpetual
succession ; and the said corporation by that name may sue General powers.
and be sued ; plead and be impleaded ; defend and be de-
fended in all courts of law or equity in this state or else-
where ; may make, have and use a common seal, and the seal.
same may renew, alter or change at pleasure ; may take, sen and hold
receive and hold property, effects and hereditaments of all property-
kinds, real, personal or mixed, by gift, devise, demise or
purchase, and the same may dispose of by gift, lease, sale,
or otherwise ; and may make all such rules, regulations and By-iaws.
by-laws as are convenient or necessary, for the management
or government of the business and affairs of the corpora-
528 COMMERCIAL CORPORATIONS.
tion hereby created, or may alter and change the same, and
when so made they 6hall be binding upon the stockholders
and members of said association.
0aUoCn0f assocL § ^' ^^0 °^ject of said corporate association shall be to
organize and concentrate the mercantile influences of the
community, to give to business a secure and solid basis, and
generally to consider and do all matters pertaining to the
mercantile interests of Chicago.
>taw and penal- § 3. The said corporation shall have the power to make
by-laws, rules and regulations for the government of said
corporation, the admission and expulsion of members ; also,
to inflict fines and penalties upon its members, and to collect
the same for the breach of its laws, rules and regulations,
but no fine or penalty shall exceed one hundred dollars;
and such fines and penalties may be collected in the name
of said corporation by an action of debt in any court of
competent jurisdiction ; or any share or shares of stock
standing in the name of such delinquent member, or so
much thereof as may be necessary, may be forfeited to pay
and satisfy such fine or penalty, together with the costs of
the collection of the same, and shall not be transferable
until such fine or penalty, together with the costs, are fully
paid and satisfied.
capital Btock. § 4. The capital stock of said corporation shall not ex-
ceed one hundred thousand dollars, and the same shall be
divided into shares of one hundred dollars each, and when-
ever the stock subscribed and actually paid in, or the accu-
mulations of any existing association shall amount, sepa-
rately or in the aggregate, to the sum of five thousand
dollars, an election of officers may be had and an organiza-
tion perfected under this act.
officws ot com- g 5_ The officers of this corporation shall consist of a
president, vice president, secretary, treasurer and five di-
rectors, who together shall constitute a board of directors,
which board shall have charge, management and control of
all financial and business interests and concerns of the said
corporation, and a majority of the said board shall constitute
a quorum for the transaction of business.
§ 6. The officers and directors of the said corporation
shall be chosen by the stockholders thereof, annually, by
ballot, and their term of office shall continue one year, or
until their successors shall be elected and qualified ; and at
such election each share of stock shall be entitled to one
vote and no more, but the time of holding such elections
or the manner of appointing such other officers or agents
as are not specified in section fifth of this act shall be estab-
lished by the by-laws of said corporation.
Bonds of office™ g 7; it shall be lawful for said corporation, whenever it
may be thought proper, to require from its officers or agents
good and sufficient bonds, conditioned for the faithful per-
formance and discharge of their duties and trusts ; and the
Annual election
by stockholders
COMMERCIAL CORPORATIONS. 529
said president or secretary is hereby authorized to admin-
ister such oaths of office as may be prescribed by the by-laws
and rules of said corporation.
5 8. And it shall be lawful for said corporation to con- Committees of
, . . . -,. ... n \ •. .' i arbitration and
stitute and appoint standing committees 01 arbitration and appeal.
appeal for the determination of such mercantile disputes
and differences as may be submitted to them, and to make
such rules and regulations respecting the time and manner
of hearing such disputes and differences, the security to be
given or fees to be paid by the parties to the same as may be
deemed proper and not inconsistent with the customs of
trade and the laws of this state. Aind the acting chairman who may aa-
of either of said committees of arbitration or appeal may
administer oaths or affirmations, may issue subpoenas and
attachments to compel the attendance of witnesses, and may
deliver the same to any constable or officer of said corpora-
tion to execute, who are hereby authorized and empowered
to execute the same.
This act shall take effect and be in force from and after
its passage.
Approved Februarv 16, 1865,
AN ACT to incorporate the Merchants' Exchange of the City of Chicago, in force April 18
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Isaac
C Day, Henry Sayrs, George H. Phelps, William G. Hib- corporators.
bard, Robert L. Fabian, Henry C. Durand, William G.
Lewis, Thomas M. Avery, Horace A. Hurlbut, William H.
Fitch, Alfred H. Blackall, Seymour Stephenson, Chas. B.
Sawyer, Thomas P. Byrn, J. Bradner Smith, Joseph A.
Montgomery, George F. Williams, George M. Kimbark,
Henry Johnson, of the city of Chicago, state of Illinois,
their associates and successors, are created a body politic
and corporate, with perpetual succession, under the name
and style of the " Merchants' Exchange of the City of Chi- Name and style,
cago," and by that name shall be competent to contract and General powers,
be contracted with ; to sue and be sued ; implead and be
impleaded in any court of law and equity; receive and hold Ma,y hold ana
nr* sell property
property, effects and hereditaments, real and personal, by
gift, devise, purchase or acquisition, and dispose of the
same by gift, lease, sale, or otherwise, and to give mortgages
or deeds of trust upon the same to secure the contracts or
debts of said corporation ; and they and their successors
shall have a common seal, and may alter and change the seal,
same at their discretion; and make such rules, regulations and
by-laws, annex reasonable pecuniary fines for the breach
330 COMMERCIAL CORPORATIONS.
thereof, and may change the same as may be necessary and
proper for the government and for the management of the
business of the corporation hereby created.
Board of direct- g 2. That the real and personal estate, property, funds,
revenues, and other concerns of the said Merchants' Ex-
change and the administration of its officers shall be under
the direction of a board of directors, consisting of a presi-
dent, two vice presidents, a treasurer, a secretary and eight
directors, who shall be elected by ballot, eacli shareholder
having a vote for each share of stock of which he shall be
the owner, on the last Wednesday of June, in each year;
Term of office the term of whose office shall be for one year, and until their
\Tacancy, i.ow successors shall lie chosen. The shareholders of said Mer-
chants' Exchange shall fill vacancies in any of the offices
above by like election, at a called or regular meeting of the
shareholders, one week's notice of said election being given
in one or more of the daily papers of the city. The time
and place of holding regular and called meetings of the
shareholders to be regulated by the by-laws and regulations
of said corporation.
Sd &™l™Rt § 3- No shareholder of the Merchants' Exchange shall be
voting. entitled to vote at any of the business meetings or elections
of said corporation unless all fines, dues and assessments
due from him to the said corporation be fully paid up to the
time of such election or meeting, nor shall lie be entitled to
vote or to any of the benefits of said Merchants' Exchange,
or admission to its rooms, except upon complying with the
rules, regulations and by-laws of said Merchants' Exchange.
\nhTirCfe°esS and § ^' ^a'^ corporation shall have power to appoint one
or more persons, as they shall see fit, to examine, weigh,
measure, gauge or inspect any articles of merchandise, or
traffic commonly dealt in by the members of said corpora-
tion, and to fix the fees for the same, and the certificate of
such persons or inspector as to the quality of any such
article, with his or their brands or mark upon it, or upon
the package containing any such article, shall be evidence
between buyers and sellers of the quality, grade or
quantity of same, and shall be binding on the members of
said corporation or others interested and acquiescing or as-
senting to the employment of such weigher, measurer,
gauger or inspector; nothing therein contained, however,
shall compel the employment by any one of any such ap-
inspectors of pointee. That such weighers, measurers, gangers and in-
oodsand wares Spectors &uap have (he right to weigh, measure, gauge and
inspect all such goods, wares or merchandise in the place
where it may be situate, if the same privilege is granted by
the bailee to any weigher, measurer, gauger, inspector or
appointee of any other corporation, association, company or
person for the like purpose.
Committees of g 5. Said corporation may constitute and appoint com-
appeafs.10" ' mittees of reference and arbitration and committees of ap-
COMMERCIAL CORPORATION'S. 531
peal, to decide all disputed accounts, contracts and contro-
versies, of a mercantile or commercial character, that may
be brought before said committee by the members of said
corporation or any one else, and may make rules and regu-
lations in regard thereto, and whose award, so made, shall
be final and conclusive between the parties. The acting
chairman of either of said committees, when sitting as arbi-
trators as aforesaid, may administer oaths and affirmations,
and issue subpoenas and attachments compelling the attend-
ance of witnesses the same as a justice of [the] peace or any
court of record of the county of Cook, and any constable
of the city of Chicago or county of Cook, or the secretary
of said corporation are hereby authorized to serve the same.
§.6. When any submission shall have been made in Final award.
writing and a final award shall have been rendered ; upon
filing such award together with the written submission of
the parties, in any court of record in the county of Cook,
or in any court of record where the party against whom
said award may be made resides, judgments may be entered
thereon by said court upon motion, and execution issued in
the same manner that judgments may be entered on other
awards under and by virtue of the provisions of the seventh
chapter of the Revised Statutes, entitled ''Arbitrations and Appeals.
Awards." Writs of error may be sued out upon and ap-
peals taken from the decisions of the court so entering a
judgment on said award in the same manner as is prescribed
in said chapter.
§ 7. The corporators named in this act, or a majority of open books for
them, may, upon giving ten days' notice by publication in
any of the daily papers of Chicago, open books of subscrip-
tion to the stock of said corporation. The shares shall not
exceed one hundred dollars each, and whenever twenty
subscribers may have paid their subscription in full, an elec-
tion of officers may be had and the organization perfected
under this act.
Approved February 16, 1S65.
AX ACT to incorporate the Chicago Stock Exchange. In force Feb- 16>
1 ° ° 1865.
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, J. M.
Adsit, A. C. Badger, James Boyd, T. J. Bronson, E. E. corporators.
Braisted, Chauncy T. Bowen, Lyman Blair, .Nathan Corwith,
A. J. Dennison, Asa Dow, A. Echold, J. K. Fisher, 1ST. K.
Fairbank, Henry Greenbaum, W. H. Goodnow, John C.
Hilton, B. P. Hutchinson, Ira Holmes, E. H. Haddock, W.
F. Coolbaugh, J. D. Jennings, S. A. Kent, Josiah Lombard,
COMMERCIAL COKPOKATIONS.
Name and style
Seal.
Capital stock.
Object.
T. G. McLawry, Solon McElroy, Hugh McLennan, Ira T.
Munn, R. II. McCormick, A. B. Meeker, L. D. Norton, L.
A. Ostrom, C. B. Pope, B. W. Phillips, J. O. Butter, E. D.
Richardson, C. A. Rodgers, Isaac Sherwood, T. II. Sey-
mour, Win. Spanlding, D. C. Scranton, J. J. Ullman, John
Watson, E. G. Wolcott, S. S. Williamson, C. II. Walker,
C. T. Wheeler, M. S. Yarwood and D. S. Young, and their
associates and successors are hereby created a body corpo-
rate and politic, under the name of the " Chicago Stock
Exchange," with perpetual succession, and by that name
may sue and be sued, plead and be impleaded, and do and
perform all such acts or things as are or may become neces-
sary for the advancement of the purpose of said corporation;
said corporation shall have a common seal, renew and alter
the same at pleasure. The capital stock agreed upon shall
be divided into shares of one hundred dollars each, and
may be increased from time to time, as it shall think proper;
each share of stock shall be entitled to one vote at an elec-
tion for directors.
§ 2. The object of the association shall be the establish-
ment of a stock exchange in the city of Chicago, wherein
may be conducted, according to such rules and regulations
as may be adopted, the buying and selling of all kinds of
stocks and securities whatever, including stocks of all banks,
insurance companies, shares and securities of railroads, and
other corporations, foreign and domestic exchange, gold and
silver coin and bullion, bonds and mortgages, and every
description of commercial and mercantile obligations for
the payment of money or delivery of property, recognize!
as valid by the laws of this state.
§ 3. The said corporation shall have power to receive,
take and hold all such property, real, personal and mixed,
as it may require in the advancement of its said purposes,
or as it may dispose thereof, and may also acquire for the
erection of buildings, such real estate as it may need to estab-
lish accommodations for said stock exchange operations and
the business of said corporation, with authority to so lease
and manage the same as to derive an income therefrom
for the benefit and support of said corporation in all its
business.
§ 4. The business affairs and management of said cor-
poration shall be in the hands of a board of directors, to
Term of office, consist of twelve persons, who shall be selected annually
by the stockholders, and hold their respective offices for
Annual election, one year, and until their successors are elected ; said election
shall be held at the rooms of the exchange, after organiza-
tion of said corporation on the first Tuesday of January
ensuing, and annually thereafter on same day; ten days'
previous notice shall be published in two city daily newspa-
pers by the secretary of said board, of the time of said
meeting of stockholders for election, and a majority of votes
May bold and
sell property.
Board of direct-
ors.
COMMEEOIAL COBPORATIONS. 533
present shall be required to elect a director of said board.
If from any cause an election should tail to be held at the
place and time aforesaid, the secretary shall give notice in
like name of an adjourned annual meeting, for purposes of
election, and until such election takes place. In case of a vacancy, how-
vacancy occurring, during the period for which a director lled'
has been elected, by death, resignation or otherwise, said
vacancy may be filled by appointment of the " Board of
Directors," and all directors shall be residents of Chicago.
§ 5. Until the first election of directors is held under First board ofdi-
this act at the time designated, John C. Hilton, James Boyd, rect01'9
B. P. Hutchinson, Henry Greenbaum, J. J. Ullman, A. C.
Badger, Chauncy T. Bowen, J. M. Adsit, T. J. Bronson,
Nathan Corwith, J. D. Jennings, C. T. Wheeler, shall con-
stitute and are hereby nominated and constituted the first
board of directors of said corporation, with the power of
exercising all franchises, privileges and duties herein con-
ferred, and also with power to organize said corporation,
and for this purpose they shall open a stock subscription subscription
book, and so soon as fifteen hundred shares, or one hundred
and fifty thousand dollars are subscribed and twenty
per cent, in cash, paid in, the said directors shall at once
proceed to regularly organize said corporation, and exercise
all the powers and privileges conferred upon said corpora-
tion.
§ 6. The board of directors shall have fall power to By-iaw3 of board
make all needful rules, regulations and by-laws for the gov-
ernment of said corporation; they shall appoint a president, officers.
one or more vice presidents, secretary and treasurer of said
corporation ; the president or vice president shall preside at
all meetings of said " Stock Exchange," and meetings of
the board of directors. The secretary shall keep all minutes Duty of secretary
and records thereof; the treasurer shall have charge of all Treasurer,
moneys and shall give satisfactory bonds for the faithful
keeping of all funds of said corporation, and shall hold
himself ready at all times to disburse the same, as the said
board of directors may require ; the said board of directors other office™.
6hall have power to appoint all other officers or agents or
committees in the management of the affairs of said corpo-
ration, and shall have entire control of the finances and
business of the corporation.
§ 7. There shall be a stock book of the corporation Transfer of
kept bj' the board of directors, on which shall be registered stoeks'
the transfers of all shares of stock in said corporation, and
no transfer shall be regarded as valid unless registered by
the secretary.
§ 8. The board of directors shall have power to consti- Committee of re-
tute a committee of reference and arbitration, to whom teDQS
members of the " Stock Exchange," or stockholders in the
corporation may voluntarily submit any matter of difference
or dispute arising out of their dealings in said exchange,
531
COMMERCIAL CORPORATIONS.
Expulsion
members.
Appeals
Animal
ment.
and the chairman of said committee may administer oaths
or affirmations to persons appearing before him as witness or
witnesses, in the same manner, and by process similar to
that appointed by law, to compel witnesses to attend before
a justice of the peace in Cook county, and may issue process
of subpoena and attachment for said purpose, which may be
served by any constable of Cook county or by the secretary
of the board.
of § 9. In all cases of awards made upon submissions
aforesaid to said committee, said committee shall iile their
award with the secretary of said board of directors to be
opened and read by them, and any member failing to sub-
mit to and perform said awards shall be expelled as a mem-
ber from the meetings of the " Stock Exchange." and be
debarred from making any transactions in said Stock Ex-
change rooms; but upon a recommendation of the board of
directors, his name ma}r be presented for re-installment,
and should there be no objection, he may again become a
member.
§ 10. Whenever members of the "Stock Exchange"
desire, in submitting a matter of controversy to the commit-
tee of reference to make it a matter of judgment in any
court, according to law, they may do so by complying with
the provisions of the statute of the state, entitled " Arbitra-
tions and Awards," Revised Statutes chapter seventh.
te" § 11. The board of directors shall make to the annual
meeting of the stockholders held for the election of directors
a full statement of the condition and management of the
alf.nrs of the corporation.
§ 12. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved February 10, 1S65.
In force Feb. 16,
1SG5.
Corporator.'
AX ACT to incorporate the Quincy Board of Trade.
Section 1. Be it enacted l>y the People of the State of
Illinois, represented in the General Assembly, That Charles
Ii. Curtis, Allen Comstock, Maitland Boone, George Bond,
Samuel Holmes, Joshua S. Wood, Wilson Keenan, J. M.
Smith, A. J. F. Prevost, Newton Flagg, John Seaman,
John Wood, jr., J. W. Bradford, Lorenzo Bull, S. W. Rog-
ers, Henry Boot, Charles W. Mead, Chauncey Ladd, J. M.
Pittman, ( Jharles C. Allen, H. J. F. Ricker, Edward Welles,
Brockman and Andrews, E. 11. Turner, Amos Green, E. K.
Stone, Thomas Jasper, F. Meyer, John Smith, Damon
Hauser, J. T. Baker, Thomas Redmond, J. R. Hollowbush
and J. C. Woodruff, and such other persons as may hereafter
COUNTY INDEBTEDNESS. 535
become associated with them, are hereby created a body
politic and corporate, under the name and style of the
" Quincy Board of Trade," with all the powers and privile- For powers refer
ges and subject to all the restrictions of the Chicago Board
of Trade, as now created by law.
§ 2. This act shall be in force from and after its passage.
Approved February 16, 1S65.
to Chicago
Boarclof Trade.
AN ACT to enable the county of Adams to collect a tax to build a court in fores when
house and jail. voted for.
Section 1. Be it enacted hy the People of the /State of
Illinois, represented in the General Assembly, That the board
of supervisors of the county of Adams in said state, be and Tax for nev
they are hereby authorized and empowered, at any regular ^",th0U3e
stated meeting of said board, to order a tax, to be levied
and collected upon all real and personal property liable to
taxation in said county, including the city of Quincy, of
not exceeding one per cent, on each and every one hundred
dollars of the assessed value of such property, for the pur-
pose of building a new court house and jail in the city of
Quincy in said county, said tax to be levied at such times
and in such amounts as said board may deem advisable :
Provided, that no more than one tax shall be levied in any proviso,
one year for such purpose, and all taxation under this act,
shall not exceed said one per cent: And, provided, further, Proviso 2.
that the court house and jail, built with the moneys which
shall be raised under the provisions of this act, shall be
built in said city of Quincy.
§ 2. Any and all tax levied and collected under the pro- Tax, how levied,
visions of this act, shall be levied, extended and collected
at the same time and in the same manner and by the same
officers [as] state taxes now or may hereafter be levied, exten-
ded and collected in said city and county ; and when collected
shall be subject to the disposition of said board of supervi-
sors in the manner and fur the purposes contemplated bv
this act.
§ 3. The above act shall be submitted to the legal voters Act to be votea
of said county at their next general election, and if approved on by people-
by a majority of all the legal voters voting at said election,
then it shall become a law, otherwise to be null and void.
Approved February 16, 1865.
536 COUNTY INDEBTEDNESS.
In force Feb. 16, AN ACT to refund certain amounts therein named.
1885.
Preamble. "Whereas the county court of Cass county have heretofore
collected, by an order of their court, a yearly license or
tax, from the ferry at the city of Beardstown, over which
said ferry the city of Beardstown were given exclusive
control by their charter in the year a. d. 1849; and,
whereas, said several amounts from the year a. d. 1$49,
inclusive, up to the year a. d. 1864, amounted yearly to the
sum of iifty dollars; and, whereas, the said county of
Cass, wrongfully so obtained the said several amounts
for each year, which said amounts, rightfully and justly
belonged to the city of Beardstown ; therefore,
cass county to Section 1. Be it enacted by the People of the State of
EeardsTown fer- Illinois, represented in the General Assembly, That the
nage' county court of Cass county shall, in accordance with the
provisions of this act, refund and pay over to the city of
Beardstown, the said several amounts by them so collected
from said ferry for each year, amounting to the sum of seven
hundred and iifty dollars, together with six per cent, inter-
est on each and all amounts by them so wrongfully collected,
and pay the same to the city of Beardstown.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
In force Feb. 8, ^jj ^Qip to authorize the supervisors of Carroll county to issue county
bonds.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the board
May borrow 0f supervisors of Carroll county, be and is hereby authorized
and empowered to borrow money in one or more loans, not
exceeding in all the sum of seventy-five thousand dollars,
to be expended under or by the direction of said board of
supervisors in liquidating the present indebtedness of said
county ; and the board of supervisors of said county is
May issue bonds. hereDy authorized to issue bonds of said county for such
sums, and payable at such times and places as they may
designate which bonds shall bear interest, not exceeding
ten per cent,, per annum, and said interest to be paid semi-
^iTted h°w exe" annlia^y- And said bonds shall be signed by the clerk of
the board of supervisors and countersigned by the county
treasurer of said county, with the seal of said county at-
tached, and said bonds so executed shall be disposed of by
said board of supervisors at par value, and shall be obliga-
tory upon said county, which bonds shall be redeemable
COUNTY INDEBTEDNESS. 537
within twenty years, at the option of the board of super-
visors.
§ 2. And be it further enacted, That the board of super- special tax to
visors of said county, shall levy and collect a special tax on Payinterest-
all real and personal estate, situated in said county, not to
exceed six mills on the dollar, such tax to be collected in
the same manner as other county taxes, which shall be
applied to the payment of the interest accruing on the said
county bonds of Carroll county, and the excess of such
special tax, if any shall accrue, after paying the interest of
said bonds, shall be applied as a sinking fund to extinguish
the principal of said bonds.
§ 3. The clerk of said county shall keep a record of the Record of bonds,
bonds issued, the numbers to whom payable, for what
amount, for what rate of interest, and when paid.
§ 4. This act to take effect from and after its passage.
Approved February 6, 1865.
AN ACT enabling the county of Champaign to fund her indebtedness, and In force Feb. 10,
for other purposes. 1366-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board ot supervisors of Champaign county are hereby autho- county debt may
j i i i • i i- l- be funded.
nzed and empowered, at any regular or special meeting of
the board, to order and provide for the funding the indebt-
edness of said county, in manner hereinafter provided, when-
ever, in the judgment of said board, the interest of the
county requires it.
§ 2. That on the presentation to the clerk of said county Bonds to be is-
court, for cancellation, any county orders or other county sue '
indebtedness, to the amount of one hundred dollars or more,
it shall be the duty of said clerk to cancel the same, by
writing across the face of such evidence of indebtedness
"canceled," with the date of such cancellation, and there-
upon said clerk shall issue to the holder of said indebted-
ness a bond for the amount thus canceled, obligating the
county to pay at any time within ten years, at the election
of said board, the sum of money therein specified, bearing
interest from date, not exceeding ten per cent., per annum,
payable semi-annually ; which bonds shall be signed by the
chairman of the board of supervisors, and countersigned by
said clerk, with the seal of his office affixed. The clerk canceled or-
shall preserve the county indebtedness thus canceled, and burned.
report the same from time to time to the board of suvervi-
sors of said county, at any regular or special meeting of said
board, at which time all such canceled county indebtedness
—42
538
COUNTY INDEBTEDNESS.
Register
bonds.
Clerk's fees.
Tax to pay in
terest.
Act of board le
galized.
shall be destroyed by burning, in the presence of said clerk
and board of supervisors, or a majority of said board ; and
it shall be the duty of the board of supervisors of said
county to furnish the clerk of the county court of said county
of a well bound blank book, in which he shall register all
county bonds by him issued under this act, stating the
amount of each bond, to whom issued, the date thereof, the
rate of interest and the time when due. The board of su-
pervisors of said county may allow the clerk of the county
court of said county, from time to time, such fees and com-
pensation as they may think just and right for the services
required of said clerk, under this act, to be paid out of the
county treasury of said county, after being allowed by said
board.
§ 3. That the said board of supervisors be hereby au-
thorized and empowered, at any regular or special meeting
of said board, to levy a tax of not exceeding twenty mills
on the dollar in any one year, on all the taxable property in
said county, in addition to the county taxes already provi-
ded for by law, for the purpose of paying the interest on
the bonds to be issued in pursuance of this act. Said addi-
tional tax to be collected in the same manner as other county
taxes.
§ 4. That the action of said board of supervisors, in
levying, for the year 1864, a special tax of five mills on the
dollar, for the payment of bounties and aid to soldiers' fami-
lies, be and the same is hereby legalized.
§ 5. That this act take effect and be in force from and
after its passage.
Approved February 15, 1865.
In force Feb. 16,
1865.
County may bor-
row $10,000.
AN ACT to authorize Clinton county to borrow money.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of Clinton county be and are hereby authorized
to borrow money and issue the bonds of said county there-
for, for a sum not exceeding ten thousand dollars, and at a
rate of interest not exceeding ten per cent., per annum, for
the purpose of rebuilding the county jail, repairing the
court house, and for other county improvements.
§ 2. This act to take effect and be in force from and after
its passage.
Approved February 16, 1865.
9
COUNTY INDEBTEDNESS. 53
AN ACT to authorize the board of supervisors of Cook county to levy a tax In force Feb. 10,
in the town of Maine, for cemetery purposes. 1865.
Whereas the voters of the town of Maine, in the county of Preamble.
Cook, at their annual town meeting, a. d. 1S04, passed a
resolution that three hundred dollars be raised by the
town, to enable the Maine Cemetery Association to pay
the debt owed for the purchase of the burying- ground,
therefore.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
board of supervisors of the county of Cook be and they are special tax in
hereby authorized and empowered to levy a special tax on town of Maine'
all real and personal property subject to taxation in the town
of Maine, in said county, not exceeding three hundred dol-
lars, to pay the debt owed for the purchase of the Maine
cemetery, located in said town.
§ 2. That the aforesaid special tax shall be levied in the Tax, how levied
same manner and collected at the same time that all other and collected-
taxes are levied and collected in said town of Maine.
§ 3. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to legalize the acts of the board of supervisors of the county of In force Feb. 16.
DeKalb. I860.
Whereas the board of supervisors of the county of DeKalb Preamble.
have, at different times during the years a. d. 1862, 1863
and 1864, issued interest bearing scrip, and also bonds of
the county, with interest coupons attached, maturing and
made payable at different times, for the purpose of raising
bounties for soldiers enlisting in the military service of
the United States, and to encourage such enlistments, and
also for the purpose of erecting a fire proof building for
the safe keeping of the records of said county : and,
whereas, the issue of said scrips and bonds not being in
strict conformity of law, may endanger the interest of in-
nocent holders of the same, therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all the
acts and doings of the board of supervisors of said county Acts of board ie-
of DeKalb, in issuing said coupon bonds and interest bear- salized-
ing scrips, be and the same are hereby declared to be legal,
and said bonds and scrips as valid and binding in all re-
spects as they would have been had such bonds and scrips
been issued under and by virtue of a special enactment of
the legislature of this state, passed for that purpose.
§ 2. This act to be in force from and after its passage.
Approved February 16, 1865.
540 COUNTY INDEBTEDNESS.
In force Feb. 16, AN ACT to authorize the county court of Douglas county to borrow money,
18t35- issue bonds and levy taxes, to raise money to complete the court house and
jail, now in process of erection in said county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, for the
May issue $25,- purpose of completing the court house and jail, now in pro-
ooo m bonds. cegg Qj.- erectjon jn the county of Douglas, and to raise money
to liquidate all indebtedness that has or may hereafter ac-
crue, in erecting said buildings, the county court of said
county be and is hereby authorized to borrow money, in one
or more loans, the total of which shall not exceed the sum
of twenty-five thousand dollars, and issue bonds of said
county to liquidate said indebtedness, which said bonds shall
bear interest at a rate not exceeding ten per cent., per an-
num, and shall be made payable at such times and place as
said court shall direct. Said bonds shall be signed by not
less than two of the judges of said court, and be counter-
signed by the clerk of said court ; or the court aforesaid, at
its discretion, may issue orders upon the treasurer of the
county of Douglas for the whole or any part of said sum of
twenty-five thousand dollars, which said orders shall be
issued in such amounts, payable at such times and place as
the said court may direct, and draw interest at any rate not
exceeding ten per cent., per annum,
special tax for g 2, That the county court of said county be and is here-
eset. a r' by authorized to levy a special tax upon all the property,
personal and real, in said county, not exceeding five mills
on one dollar, per annum, for the purpose of liquidating any
indebtedness, and the interest thereon, that has or may ac-
crue for the purposes aforesaid, which said tax shall be col-
lected at the same time, in the same manner, and by
the same officers who may collect the revenue for state and
county purposes ; and the laws now in force for the collec-
tion of state and county taxes, shall be in force and applica-
ble to the collection of the taxes provided by this act.
§ 3 This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to authorize the county of Hardin to borrow money for the construc-
l865- tion of a bridge across Big creek, in said county, and to increase the county
revenue for general purposes.
Section 1. Be it enacted by the People of the State of
Plinois, represented in the General Assembly, That the
county may bor- county court of Hardin county, Illinois, is hereby authorized
bridge. and empowered to borrow any sum of money not exceeding
COUNTY INNEBTEDNESS. 541
Jive thousand dollars, at any rate of interest not exceeding
ten per cent., per annum ; which said money, when so bor-
rowed, shall be applied in building a good and substantial
bridge across liig creek, in said county, near Elizabethtown,
on the 'Vienna road.
§ 2. That, for the security of the said moneys, the said Bonds may Uue
county court is hereby authorized to issue bonds, payable at
such length of time, not exceeding five years, as said court
shall deem advisable ; which bonds shall be issued under
the hand of the clerk and under the seal of said court, and
be countersigned by the judge of said court; and the said special tax to
court is hereby authorized to levy and collect a special tax interest,
of not exceeding twenty-five cents on each one hundred
dollars' worth of property, real and personal, for such term
of years as may be necessary, in said county, for the pur-
pose of paying the principal and interest on such bonds as
may be issued ; which tax shall be payable in money.
§ 3. And be it further enacted, that, for the purpose of Additional tax.
enabling said county court to increase the revenue of said
county, the said court is hereby authorized to levy and col-
lect a county tax, to any extent not exceeding one dollar on
each one hundred dollars' worth of property, real and per-
sonal, in said county, (inclusive) of the county tax now au-
thorized to be levied and collected.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
cf
posse.
AX ACT to authorize the county courts of Montgomery, Bond and Fayette In force Feb. 16,
counties to make appropriations for the purposes therein named. ls65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of Montgomery county shall have power, and circuit court of
said court is hereby authorized, when sitting as a court for Count|ontorpa.y
county purposes, to appropriate money and to make the poCssents
necessary orders for the payment thereof to any person or
persons being residents of said county for all moneys paid
or expended, or goods, provisions, arms, ammunition or
other valuable things furnished by any such person or per-
sons to or on account of the posse cmnmitatus of said county,
summoned by William 1ST. Stephenson, deputy sheriff of
said county, in the month of July or August, 1864, for the
purpose of aiding said deputy sheriff in the execution of
civil process against a certain body of men constituting a
military organization under the command of one Clingman,
otherwise called Erasmus Wood, and said body of men
542 COUNTY INDEBTEDNESS.
being at the time aforesaid encamped upon the border of
said county of Montgomery, said county court shall have
power to hear testimony touching any claim presented under
this act, should »they deem it expedient so to do, and the de-
termination of said court as to all such claims shall be final.
secti on 1 applies § 2. The provisions of this act shall extend to the county
Fayette coun- court of the counties of Bond and Fayette, as to any citizen
ue3, or citizens of either county who were engaged at the same
time and place in attempting to arrest said person named in
the first section of this act.
§ 3. This act to be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 15, AX ACT to authoiizo the county court of Perry count}' to issue countv bonds.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Perry county county court of Perry county, state of Illinois, be and is
sT^ooo. °' w hereby authorized and empowered to borrow money in one
or more loans, not exceeding in the aggregate fifteen thous-
and dollars, to be expended under and by the direction of
said county court in building a common jail at Pinckney-
county bonds ville, the county seat of said county ; and said county court
is hereby authorized to issue bonds of said county for such
sums and payable in such times and places as said county
court may designate, which bonds shall bear interest not
exceeding ten per cent, per annum, to be paid yearly or
half yearly at the option of said count}7 court ; and said
bonds shall be signed by the county court judges, or a ma-
jority of them, and countersigned by the county clerk of said
county, with the seal of said county annexed ; and said
bonds so executed shall be disposed of by said county court
for the purpose aforesaid, and shall be- obligatory and bind-
ing upon said county.
special tax to § 2. And be it further enacted, That the county court of
interest. said county shall levy and collect a special tax on all real
and personal estate situated in said county, not to exceed
two mills on the dollar, to be collected as other taxes, which
shall be applied to the payment of the interest accruing on
the said bonds, and the excess of said special tax, if any shall
accrue after paying the interest on said bonds, shall be ap-
plied to the payment of the principal of said bonds, in such
manner as the county court of said county may direct.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
COUNTY INDEBTEDNESS. 543
AN ACT for the purpose of enabling the county court of Randolph county In force Feb. 16
to issue bonds, etc. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
county court of Randolph, county is hereby authorized to Bond for $30,000
J 1 i r 1 11-111 1 \ ' \ • may be issued.
issue county bonds ot one hundred dollars each, which in
all shall not amount to more than thirty thousand dollars,
to be expended under and by the direction of said county
court in building fire-proof safe for county records and
redeeming interest bearing county orders. Said bonds shall Term of bonds.
be made payable on or before the expiration of thirty years
from the time they are issued, bearing an annual interest not
to exceed ten per cent. Said bonds shall not be sold below
the par value thereof, and always receivable for taxes or
other dues to the county. Said bonds shall be sealed,
signed by the judge of the county court and countersigned
by the clerk of said court, and the interest of said bonds
shall be paid punctually each and every year in the city of
Chester to the owner or owners thereof.
§ 2. The faith and credit of the county of Randolph, sj^*y for
and all the taxes collected of the county, and all the public
property of said county, are hereby pledged and made ac-
countable for the payment of the principal and interest of
said bonds.
§ 3. The county court of said county shall levy and spe«ai j«^o
collect a special tax on all real and personal estate situated and principal
in said county, not to exceed two mills on the dollar, to be
collected in good current money, which shall be applied to
the payment of the interest accruing on the said county
bonds of said Randolph county, and the excess of said
special tax, if any shall accrue after paying the interest of
said bonds shall be applied as a sinking fund to extinguish
the principal of said bonds.
§ i. This act to be deemed a public act, and be in force
from and after its passage.
Approved February 16, 1865.
AN ACT to authorize the county of Tazewell to borrow money, and issue In force Feb. 16,
bonds, and levy taxes, to secure the location of the Agricultural College in 1865-
said county.
Whereas the county of Tazewell, in the state of Illinois, Preamble,
is desirous of having located therein the Agricultural and
Mechanical College provided for by the act of Congress
donating, for the endowment of such college, four hun-
dred and eighty thousand acres of the public lands ; and
whereas the said county of Tazewell desires to offer in-
ducements for such location ; therefore,
54 i COUNTY INDEBTEDNESS.
[Section 1.] Be it enacted by the People of the State
of Illinois, represented in, the General Assembly, That the
inducement for board of supervisors of said county is authorized and em-
iege. ' powered, by the votes of a majority of all the members of
said board, to offer, as an inducement to such location, and
to pay, if such offer shall be accepted by the persons author-
ized to locate such college, the sum of three hundred thou-
sand dollars, or such other or further sum as may by said
majority be agreed upon.
"or imount°nds § %' To raise sa^ sum °f money, should such be ac-
cepted, the said board of supervisors is hereby authorized
and empowered to borrow the same, and to issue the bonds
of the said county therefor, in sums of not less than one
thousand dollars each, bearing an annual interest not ex-
ceeding ten per cent, per annum, and becoming due in some
period fixed by said board, not exceeding twenty years from
their date ; and said bonds to be negotiated at not less than
their par value.
Tax may be £ 3. To provide for the payment of the annual interest
pay. on ga»^ |30nds5 and to create a fund for the redemption of
the same at maturity, or before, should the holders thereof
be willing, at any time before maturity, to accept payment
of the same, the said board of supervisors are hereby au-
thorized and empowered and required to levy a tax upon
all the taxable property in said county, not exceeding, in
any one year, two dollars upon each one hundred dollars of
assessed valuation ; and said tax shall be levied and col-
lected as by law required for the levy and collection of other
Fees of officers, taxes, except that the fees of collectors and other officers who
shall collect or receive said taxes shall be only one-half of
the fees or rate per cent, allowed by law for the collection
or reception of other taxes for county purposes; and said
tax, when collected, and as collected, shall be applied spe-
cially to the purposes for which the same are by this act au-
thorized to be levied and collected, and to no other purpose
whatever; and shall, for greater certainty, be designated
upon the books of the township collectors and the county
treasurer as the " agricultural college tax."
where money to § 4. The said sum of money, so borrowed, shall, within
sixty days after the acceptance of such offer on the part of
the said county of Tazewell, be paid over to the treasurer
of said county, upon his executing to the board of trustees
of said college his bond, with security, to be approved by
the governor of the state of Illinois, in double the amount
so borrowed ; and the said county treasurer shall pay out
the same, upon the order of the said board of trustees, ac-
companied by bills of items, duly certified, as the same may
be expended by the said board of trustees in the purchase
of lands in said county of Tazewell for the said college, and
pian of build- the erection thereon of suitable buildings therefor. But the
erection of such buildings shall be upon plans and speciflca-
COUNTY SEATS. 54:5
tions adopted by said board of trustees, and upon contracts
with the lowest responsible bidder, after at least thirty days'
advertisement for sealed proposals, published in the princi-
pal daily newspapers in Chicago Springfield and Peoria.
§ 5. The said board of supervisors shall allow to the Fees of treasurer
county treasurer a reasonable compensation for his services
under this act ; but such compensation shall not be paid out
of the sum so paid over to him, as above stated.
§ 6. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to re-locate the county seat of Henderson county. In force Feb. 15,
J 1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That at the
election to be held on Tuesday next after the first Monday in vote on removal
November, in the year of our Lord one thousand eight hun- of county seat-
drecl and sixty-live, in the county of Henderson, a poli shall
be opened at each of the election precincts in said county,
for and against the removal of the count}r seat of said
county from its present location, at Oquawka, to the town
of Sagetown, in said county ; at which election the qalih'ed
voters of said county may vote upon the question of remo-
val. Those desiring the removal shall have wrritten or
printed on their ballots, "for removal; " and those desiring
the county seat of said county to remain at Oquawka shall
have printed or written on their ballots, " against removal."
§ 2. When the county clerk of said Henderson county Notice of eiec-
gives notice of the election to be held in said county on the
Tuesday next after the first Monday in November, in the
year of our Lord one thousand eight hundred and sixty-five,
it shall be his duty to state in said notices that said polls
will be opened at the election precincts in said county, ac-
cording to the provisions of this act.
§ 3. The judges and clerks of said election shall make
returns of said election in the manner and time now pro-
vided by law in regard to other elections in this state.
§ i. When the returns of said election are made to the Returns of eiee-
elerk of the county court of said county, the same shall be
opened and counted in the same manner as other returns
are by law required to be opened and counted ; and the said Result of eiec-
clerk shall make out a final certificate, showing the result
of said election, and spread the same upon the records of
said county court ; and if it shall appear that a majority of
the voters of said county have, at said election, voted for
546
COUNTY SEATS.
Donations may
be received.
said removal, then the town of Sagetown shall be and re-
main the seat of justice of said county.
n county seat be § 5. In case the election herein authorized shall be de-
removed conn- .,■>,., „ n . > . ,
ty buildings to cided in iavor ot removing the seat ot justice ot said county
to the town of Sagetown, it shall be the duty of the county
court of said county, as soon as may be thereafter, to erect
or secure suitable buildings for the public officers of said
county, and also a suitable place for holding courts in Sage-
town ; and, when suitable buildings are erected or procured,
the offices, records, books, papers and furniture of said
county shall be removed thereto by the several county offi-
cers; and the circuit and county courts for said county shall
be held and county business shall be transacted at said town
of Sagetown.
§ 6. The county court of said county may receive any
grant, donation or demise, made by any person or persons,
for the purpose of defraying the expenses of removal of
said county seat, and for the erection of suitable county build-
ings at said Sagetown ; and said county court, and their
successors in office, in their corporate capacity, shall be and
they are hereby invested with the title, care and custody of
all such grants, donations or demises, whether the same
shall be in lands or personal property, with full power to
control the same, in such manner as they may deem shall
best promote the interests of the county, for the purposes
Said county court are hereby authorized to sell
and convey any lands that may be granted or donated, as
aforesaid, in the name of the county court ; and such con-
veyance shall be executed by the county judge and county
clerk of said county, and the proceeds expended, under the
order of the county court, for the purposes aforesaid.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved February 15, 1865.
May sell and aforesaid.
convey lands.
In force Feb. 6.
1865.
Preamble.
AN ACT for re-locating the county seat of Iroquois county.
Whereas the court house of the county of Iroquois has
been destroyed by fire ; and whereas there is no suitable
place for the transaction of the public business, nor for
the safe-keeping of the public records ; and whereas the
people of said county are desirous of removing their coun-
ty seat, at the earliest possible period, in order to con-
struct safe and permanent public buildings ; and whereas
the people of said county did, in March, a. d. 1863, at an
election held for that purpose, declare, by a large majority,
their desire to remove the county seat to the town of
COUNTY SEATS. 547
"Watseka, then South Middleport, under an enabling act,
approved February 11, 1863, which act has been declared
void by the courts, for unconstitutionality ; therefore,
Section 1. Be it enacted by the Jteople of the State of
Illinois, represented in the General Assembly, That the
town of Watseka, in said county of Iroquois, which is the county seatmay
same as laid out and^platted on the entire southeast quarter watseka.e
of section thirty-two, (32,) in township twenty-seven north,
in range number twelve (12) west, is hereby designated and
declared as the point to which the county seat of said
county may be removed from the town of Middleport, in the
manner hereinafter provided.
§ 2. On the first Tuesday in April, a. d. 1865, an elec- ^f™ °n re"
tion shall be held in said county of Iroquois, at the usual
places of holding elections, for the purpose of determining
whether the present county seat shall be removed from the
town of Middleport to the town of Watseka, as hereinbefore
designated.
§ 3. The officers of general elections shall attend on the
day of election, and conduct said election according to the
laws of this state, in case of election of county officers ; and
said election shall, in all respects, be conducted as provided
by law for such elections.
§ 4, The ballots shall be in the following form : "For Ballots.
removal'1 — "against removal ;" and the officers of said elec-
tion shall make returns in the manner and time prescribed
by law in case of election of county officers.
§ 5. "When the returns shall have been made to the Returns of eiec-
county clerk of said county of Iroquois, he shall proceed to
canvass said returns, and open and count the votes cast at
said election, according to law, in case of the election of
county officers ; and if it shall appear that a majority of the Result of eiec-
legal voters of the county have voted for removal to the said
town of Watseka, as hereinbefore designated, then said town
of Watseka shall be and remain the county seat of said
county ; and the county clerk shall make out a certificate of
the result of said election, and spread the same upon the
records of the county court.
6 6. In case the county seat shall be established at Wat- slte., f?v PubKc
l •! • 1 p -I • I- r« i • buildings.
seka, as is hereinbetore designated, in pursuance ot this act,
the board of supervisors of said county, and their successors
in office, are hereby constituted and appointed commission-
ers to select a site for the erection of public buildings ; and
it is hereby made their duty, as soon as practicable, to pro-
cure or erect suitable public buildings for the public offices
of 'said county, and for the holding of the county and circuit
courts of said county ; and the records and public offices of
said county shall, within ten days after the holding of said
election, be removed to said town of Watseka.
§ 7. Notice shall be given by the county clerk of said Time, place >nd
° . e J iT-i-i'.i object of elec-
county, in one or more newspapers published in said county, tion.
518
COUNTY SEATS.
of the time, pla :e and object of said election ; said notice to
be published for three weeks, the first of which shall be at
Notice. least twenty days before the day fixed for the election ; and
the supervisors of the several towns in said county shall
post up notices in three of the most public places in their
respective towns of the time and place and object of said
election, at least ten days before the holfling of said election.
But any citizen of said county, in case of neglect or relusal
of the proper officers, may post up said notices, and the same
shall be legal.
§ 8. AH laws or parts of laws in conflict with this act
are hereby repealed.
§ 9. This act shall take effect and be in force from and
after its passage.
Approved February 6, 1865.
In force Feb. 14, AN ACT to enable the people of the county of Knox to
1865- moval of the county seat.
,'Ote upon the re-
If removed,
where located.
Section 1. Be it enacted by the Peojjle of the State of
Illinois, lepresented in the General Assembly, That on
vote on removal the first Tuesday in April, a. d. 1865, an election shall be
imyse ,. jiejj jn t|ie C0Qnt;y 0f Xnox, in the state of Illinois, at the
usual places of holding elections, for the purpose of deter-
mining whether the present seat of jusfiee of said county
shall be removed and relocated at the city of Galesburg, in
said county of Knox.
§ 2. The judges and clerks of elections shall attend on
the day of election, and conduct said election, according to
the election laws of this state ; and all legal voters of the
county of Knox shall be entitled to vote at said election, for
the removal of the seat of justice of said county of Knox
from Knoxville, in said county, to the city of Galesburg,
in said county, and against the removal of said county seat;
and the ballots shall be "for the removal of the county seat
to Galesburg," ami " against the removal of the county
seat."
i of eiec- § 3. The judges and clerks of said county shall make
returns of said election, in the manner and time now pre-
scribed by law in regard to other elections in this state.
of eiec- § 1. When the returns shall have been made to the
clerk of the county court of Knox county, he shall proceed
to open and count the votes given for the relocation of the
seat of justice at the city of Galesburg, and, also, the votes
given for retaining the seat of justice at the city of Knox-
ville. The opening and counting said votes shall be in ac-
cordance with the laws requiring the opening and counting
Return
tion.
Result
tion.
COUNTY SEATS. 549
the votes of elections of this state; and if a majority of all
the votes cast for and against the removal of said county
seat are in favor of the location at the city of Galesburg, in
said county, then the city of Galesburg shall be and remain
the county seat of said county of Knox; but if a majority of
said votes are in favor of Knoxville remaining and being
the county seat of said Knox county, then it shall remain,
as it now is, the permanent county seat of said county.
§ 5. If the seat of justice shall be established at the city if removed, pub-
of Galesburg, according to the provisions of this act, the h0 bmldlnss-
board of supervisors of said county are authorized, and it is
hereby made their duty, forthwith, to procure or erect suit-
able buildings for the public offices of said county, and for
holding the circuit and county courts of said county, in the
city of Galesburg. And the said board of supervisors are
hereby authorized to receive, take, collect and apply dona-
tions or subscriptions, either in lands or town lots, or money,
for that purpose ; and when such arrangements shall have
been made, the records of said county shall be removed to
said city of Galesburg, and the circuit and county courts
shall thereafter be held at that place.
§ 6. That the secretary of state shall cause a certified secretary of
copy of this act to be immediately transmitted to the clerk copy of actscn'
of the county court of said county of Knox, who shall forth-
with issue notices of said election to the sheriff of said coun-
ty ; and said sheriff shall cause said notices to be posted up Notice of eiec-
in the several precincts in said county, in the same manner tlou'
as notices of general elections, according to the laws of this
state ; but if, for any cause, said notices should not be posted
up it shall not invalidate said election.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1865.
AN ACT to remove the countv seat of Pulaski countv. In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That an elec-
tion shall be held in the several precincts and places of hold- Election for re-
ing|elections for county officers of Pulaski county, on the ty°seat?
second Monday in the month of March, a. d. 1S65, at which
election all legal voters of said county shall be entitled to
vote for or against the removal of the county seat of said
county from Caledonia to the city of Mound City, in said
county ; and if it shall be found that a majority of the voters
of the county, at said election, have voted in favor of said
550 COUNTY SEATS.
removal, that the county seat of said Pulaski county is here-
by declared to be located at said city of Mound City,
Notice and re- § 2. Returns of said election shall be made to the clerk of
tion.s ° eec" the county court of said county, in the same manner as is
now provided by law for the election of justices of the
peace ; and it shall be the duty of the clerk of the county
court, immediately upon the passage of this act, and notifi-
cation to him thereof, to give notice of said election, by
posting, conspicuously, in each election precinct of said
county, a written or printed notice, stating the time, place
and object of said election, under his hand and the seal of
the county court; which notices shall be posted at least ten
days before the said election takes place ; and all ballots cast
at said election, on said question of removal, shall have
written or printed, or partly written and partly printed
on them, the words " for removal to Mound City," or
"against removal to Mound City."
FmaUd"s' how § ^' -^ S^ia^ k° the duty of the county clerk of said
county, when the election returns shall have been made as
aforesaid, to proceed to count the votes cast, as by law the
votes cast for justices of the peace are counted ; and, when
so counted, shall make out and certify two abstracts of the
votes cast, as aforesaid, and shall file one in his office and
transmit the other to the secretary of state.
if Mound city, § 4. When the returns of said election are made and
presided. ° e counted ns hereinbefore provided, and it shall appear, by
the abstract filed in the office of the county clerk, that a
majority of all the votes cast are in favor of "removal to
Mound City," it shall be the duty of the county court of
said county, within ten days thereafter, to provide tempo-
rary buildings at the said new county seat, for the accom-
modation of the county and circuit courts and for the vari-
ous county offices ; and it shall be the duty of the county
officers to remove their offices, books, papers and all things
pertaining thereto, to the new county seat, within twenty
days after the filing of said abstract in the office of the coun-
ty clerk.
Process retuma- § o. That all writs, process and papers, of every kind
and nature, returnable to the present county seat of said
county, shall, after such removal, be deemed returnable to
the new county seat ; and all suits pending shall be prose-
cuted to final judgment, and execution may issue thereon,
as though the county seat had not been removed.
county build- § 6. The county court of said county are authorized to
receive, and, for said county, hold any lands or lots which
may be donated, for the purpose of erecting suitable county
buildings thereon, at the new county seat; and may, by or-
der entered upon the records of said court, improve the
same, and cause to be erected thereon suitable county build-
ings, for the accommodation of the courts and county officers,
ingfl.
DAMS. 551
or may acquire land or lots, by purchase, for the use of the
county, for the purposes aforesaid.
§ 1. This act is hereby declared to be a public act, and
in force from and after its passage.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to authorize certain persons to In force April 18,
construct a dam across Fox river, for hydraulic and manufacturing purpo- 1865-
ses." Approved February 15, 1851.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the said
company shall have, in addition to the powers granted in Dam on niinois
and by the said act to which this is an amendment, the
right, for all of the purposes mentioned in the said act, to
build a dam across the Illinois river, at such point as the
said company may elect, and also the right to construct a water races.
race or races, for the purpose of introducing the water of the
Illinois river into the pool of the dam authorized to be
erected across Fox river; and, for any or all the purposes
contemplated by this act and by the act to which this is an
amendment, may take and use such portion of any highway,
street, alley or public ground, as may be deemed necessary.
§ 2. Section nine (9) of the act to which this is an amend-
ment is hereby amended, by adding at the end of the same
the following: '"''Provided, that no action or other proceed- Proviso,
ing shall be had against said company on account of the
erection of said dams, race or races, unless within one year
after the erection or construction of the same, or any or
either of them."
§ 3. The fourth (4) section of said act, to which this is capital stock.
an amendment, shall read as follows : " The capital stock of
said company may be fixed by the same, and divided into
shares, and may be increased or diminished."
§ 4. The name of "Henry G. Colton," in the first sec- Nt^mes Bnbstitu
tion of the said original act, is stricken out, and the names of
"Dwight Cameron" and "John F. Nash" are hereby in-
serted in its stead.
Approved February 16, 1865.
552 DAMS.
In force Feb. 16, AN ACT entitled "An act to authorize William Coffin to build a dam across
1SG5- Fox river, in the town of Batavia, Kane county."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Wil-
May buiid dam. ljam Coffin, his executors, administrators and assigns, of the
town of Batavia, and county of Kane, are hereby authorized
and empowered to build a dam, five feet high, across the
east channel of Fox river, in the south half of section
twenty-two, township thirty-nine north, range eight, in said
county of Kane ; said clam to be erected and extend from
the east bank of said Fox river to an island, in said river,
near the south line of said section twenty-two, thence, in a
northerly direction, up said river, from island to island, to
the north line of the south half of said section.
§ 2. This act to be in force from and after its pas-
sage.
Approved February 16, 18G5.
In force April 18, AN ACT to enable David Jewett to erect and maintain a dam across the
1865- Pecatonica river.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That David
Location. Jewett shall have the right to repair and maintain a dam,
for hydraulic purposes, across the Pecatonica river, at Har-
rison, county of Winnebago, and state of Illinois, on section
fourteen, town twenty-eight north, range eleven east of the
4th principal meridian, where the dam is now built, and
where the said Jewett now owns the east bank of said river.
Rights of county § 2. And be it further enacted, that the board of super-
visors of Winnebago county shall have the right and privi-
lege to legislate on the subject of the navigation of said
river, the hight of the dam, until the legislature of the state
of Illinois shall otherwise direct.
°bankrSm°afyWuse § 3. And be it further enacted, that the owner or owners
water condi- 0f the west bank of the river shall not have the privilege
of using the water from the dam for hydraulic purposes,
until they shall have paid the said Jewett a reasonable pro-
portion of the expense of building and repairs on said dam,
and, not then, unless it is done within five years from the
passage of this act.
Approved February 16, 1865.
DAMS — DOCKS. 553
AN ACT to authorize Henry G. Putnam and Lucius E. Rice to establish and in force Feb. 16,
build a dam across Rock river. !865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry G.
Putnam and Lucius E. Rice, their heirs and assigns, be and Location of dam.
they are hereby authorized to establish, build and construct
a dam across Rock river, at or near the following described
point, as such dam across said Rock river can be most advan-
tageously built, to wit: The southeast corner of the west
half of the southwest quarter of section fifteen, on the north
edge or bank of said Rock river, in township twenty north,
range five east, in the county of Whiteside, and state of Illi-
nois : Provided, that said grant shall not be construed so as Proviso.
to prevent the state from improving said Rock river, at said
place, by dams, locks, or any other mode, at any time here-
after, for the purpose of slack water navigation.
§ 2. The said Henry G. Putnam and Lucius E. Rice, Materials,
their heirs and assign -, are hereby authorized to use all ma-
terial, such as stone, gravel and rock, which may be found
in the bed of said Rock river, at and near the location of
said dam, for the purpose of building and constructing said
dam.
§ 3. Said dam shall be built within fifteen years from
and after the passage of this act.
§ 4. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
AN ACT to incorporate the Madison Dock Company, In force Feb. 16
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John B.
Drake, A. C. Badger, John C. Hilton, Charles H. S. Mixer corporators,
and Charles "W\ Gray, and their associates, are hereby crea-
ted a body politic, under the name and style of " Madison Name of co»-
Dock Company." As such shall have perpetual succession, pany"
and may sue and be sued, in any court whatever, with pow-
ers and privileges as are hereinafter provided.
§ 2. The capital stock of said company shall not exceed capita! stock,
one million dollars, in shares of one hundred dollars each; but
when two hundred thousand dollars shall have been actually
subscribed, and one hundred thousand dollars paid in, in
cash, the said company may organize and proceed to busi-
ness under this charter. The office of said company to be
located in the city of Chicago.
§ 3. The business and the corporate powers of said com- Board °f direct-
pany shall be exercised by a board of directors, not exceed-
—43
554 docks.
First board. ing five, nor less than three. The three first above named
Annual election, corporators shall be members of the first board ; and, annu-
ally, thereafter, after its organization, the stockholders shall
elect directors. The directors shall have power to make
such by-laws for the conducting of its business as are not
inconsistent with the laws of this state or the United States.
May hold and § 4. It shall be lawful for said company to lease, pur-
convey proper- c}iase? }±0]d and convey all such real and personal estate as
may be necessary to carry on their business as wTell as such
real and personal estate as they may deem it necessary to
acquire in the enforcement or settlement of any claim or de-
mand arising out of their business transactions, and to sell or
exchange the same for other property, as they may determine
that the interests of the company may require ; and the said
company are hereby authorized to make, execute and issue,
in the transaction of their business, all necessary receipts, cer-
tificates and contracts ; which receipts, certificates and con-
tracts shall bear the impress or stamp of the seal of the com-
pany, and shall be signed by the president or vice president,
and countersigned by the secretary or treasurer thereof.
? tora?e. § 5. The said company shall have power to receive, upon
storage, deposit or otherwise, grain, flour, provisions, freights,
stocks, bonds, merchandise, warehouse receipts, bills of
lading, railroad and transportation certificates, and evidences
of debt, and other property, and to take the management,
custody and control of the same ; and to advance moneys,
give receipts, grant credits, and give security, upon any
property, real and personal, and guarantee payment upon
freight bills, bills of lading, warehouse receipts, and evi-
dences of debt, on such terms and at such rates of interest,
not exceeding ten per cent., per annum, as may be agreed
upon. All warehouse receipts, certificates, or other evi-
dences of the deposit of property, issued by said company,
shall be deemed, in the hands of the holder thereof, as abso-
lute evidence of title to the ownership of said property, both
in law and equity.
when property § 6. It shall be lawful for said company to sell, at public
may be sold. aiiction or private sale, as may be specified in the contract
between the parties, all property, of what kind soever, men-
tioned in or affected by said contract after ten days shall have
elapsed from the time of the maturity of any obligation under
said contract, or immediately upon the discovery of any
fraud, misrepresentation or concealment, in regard to the
ownership, character or any other matter relating to the pro-
perty mentioned in or affected by said contract, and to reim-
burse themselves out of the avails of such sales, for the mo-
neys due them, with the interest, storage, cost and charges,
i and to indemnify themselves for any loss they may have sus-
tained by the nonfulfillment of said contract.
Decrease in pro- § 7. It shall be the duty of said company to use all rea-
sonable care and diligence in the keeping of all property de-
DRAINAGE. 555
posited with them, but they shall not be deemed insurers
thereof; and, in case any property deposited with the said
company, upon which any advauces shall have been made
by them, shall, before the maturity of the contract, from
any cause, decrease in value, from the price originally fixed,
said company may give notice to the owner of such property,
or his agent, to perform the conditions of the contract or
make good the deficiency caused by such decrease in value,
and, in default thereof, may sell and dispose of such property
at public sale, and out of the proceeds thereof may retain
the amount duo them under the contract, together with the
costs, charges and expenses.
§ 8. The stock of said company shall be transferable
only on the books of the company.
§ 9. This act shall take effect from and after its pas-
sage, and be deemed a public act, and liberally construed as
such.
Approved February 16. 1865.
AN ACT to authorize the construction of private ditches for the drainage in force Feb. 10,
of land in the counties of McHeury and Kane. Is65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That upon
the petition of any freeholder for permission to construct a Private ditches.
private ditch or ditches for the drainage of his land across
land owned by other parties, the highway commissioners of
the town in which such ditch is proposed to be constructed,
shall have power to lay out and authorize the construction
of such ditch.
§ 2. The highway commissioners, within five days after ^?tice of Peti-
receiving such petition, shall post in five public places with-
in the town, notice of such petition, and of the day, not less
than twenty days after the date of such notice, when they
will proceed to view and determine the merits of said peti-
tion ; and they shall at the appointed time examine the lo-
cality, and hear objections, if any, to the prayer of the pe-
tition.
§ 3. If upon due examination the highway commission- Damage assessed
ers shall determine to grant said petition, they shall pro-
ceed to lay out the courses of said ditch and to assess the
damages to the land proposed to be crossed by said ditch.
And in all cases they shall require the payment, or a tender
of payment, of the damages assessed to the owner of said
lands before giving permission for the cutting of said ditch.
§ 4. The highway commissioners shall in no case an- water outlet.
thorize the construction of such ditch unless the outlet shall
556
DRAINAGE.
Appeals.
Ditches for high-
ways.
be in some ravine, or waterway, or depression, so that no
undue accumulation of water shall be probable at or near
such outlet.
§ 5. The ditches authorized to be constructed by this
act shall in all cases be made and kept in repair at the cost
of the party petitioning for such ditches.
§ 6. That either party shall have the right of appeal to
three supervisors of the county, to be selected, and the ap-
peal to be taken, conducted and determined, in the same
manner, and under the same regulations as provided for ap-
peals in the case of public highways, as far as applicable.
Said appeal shall embrace the whole subject iu controversy,
including'the question of damages.
§ 7. That when it shall become necessary in improving
any highway to dig or construct a ditch across lands adjoin-
ing, so as to pass the water off from said highway, the com-
missioners of highways shall have the right to enter and to
construct said ditch across the lands adjoining upon posting
notices as provided in this act, and determining the dama-
ges in the same manner as provided in this act for other ca-
ses of constructing ditches.
§ 8. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
In force Feb. 16,
1865.
AN ACT to provide for the right of way for purposes therein expressed.
Location.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Benja-
min Newell, his heirs and assigns, of the county of Bureau
and state of Illinois, is hereby authorized and empowered to
construct a canal from the Illinois river, commencing at or
near the mouth of Negro creek, in the county of Bureau, to
lake Depean, for the purpose of navigation from said river
through said lake aforesaid.
§ 2. The said Benjamin Newell, his heirs and assigns are
hereby authorized and empowered to enter upon all lands
necessary for the construction of said canal, paying the own-
ers of the same damages for the right of way across said
lands ; and in the event of disagreement between said Ben-
jamin Newell, his heirs and assigns, and any other person
or persons owning said lands, as to the amount of such dam-
ages, the same shall be ascertained in the manner provided
in chapter ninety-two of the Revised Statutes concerning
the right of way.
Time of compie- § 3. The improvement authorized by this act shall be
so far completed as to admit of the passage of boats through
Right of way.
Damages.
DRAINAGE — EXPRESS COMPANY. 557
said canal, within ten years from the passage of this act, or
the privileges granted by this act shall be forfeited.
§ 4. The said Benjamin Newell, his heirs and assigns, No toils.
shall not be authorized to demand and receive the tolls for
the passage of boats or other crafts through said canal.
§ 5. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 16, 18(55.
AM" ACT to revive an act relating to certain lands in Mason county. Zn force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That in addi-
tion to the special tax levied upon certain lands in Mason Additional tax.
county for the year 1859, in accordance with the provisions
of "An act providing for the drainage and reclamation of
certain lands in Mason county," approved February 24,
1859, there shall be levied and collected upon the same
lands the same amount of -tax on each tract of land for the
year 1865, (saving and excepting the land in section 29,
town 20, range 8, and in sections 12 and 36 in town 20, range
9, on which land no additional special tax for the year 1865
shall be levied,) for the purposes set forth in said act. Said
taxes, together with the delinquent special taxes of 1859,
shall be entered upon the collector's books for the year
1865, by the county clerk, as provided for in said act, and
collected as other state and county taxes.
§ 2. For the purpose of carrying out the provisions of Act revived,
the act aforesaid, named in section one of this act, all neces-
sary provisions enabling the commissioners to collect, re-
ceive and expend said taxes, in draining said lands, procu-
ring right of way, etc., are hereby revived and continued
in force.
§ 3. This act to be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Atlantic and Pacific Express Company. In force Feb. 10,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Creaver, William T. Hancock and Charles H. Ham, and corporators,
their associates, are hereb}^ created a body politic, under the
name and style of "The Atlantic and Pacific Express Com- Name and style.
558 EXPRESS COMPANY.
powers. pany ; " as such shall have perpetual succession ; may con-
tract and be contracted with, and may sue and be sued, in
any court whatever; with powers and privileges as are
hereinafter provided.
capital stock.- g 2. The capital stock of said company shall not exceed
one million of dollars, in shares of one hundred dollars
each ; but when one hundred thousand dollars shall have
been actually subscribed, and twenty-five thousand dollars
paid in in cash, the said company may organize and proceed
to business under this charter.
Board of direct- g 3^ The business and the corporate powers of said
company shall be exercised by a board of directors, not ex-
ceeding five nor less than three. The above named per-
sons, corporators, shall be members of the first board ; and
annually thereafter, after its organization, the stockholders
shall elect directors. The directors shall have power to
By laws. make such by-laws for the conducting of the business of the
company as are not inconsistent with the laws of this state
or of the United States.
Mconvey^ropeid- § *■ Ifc shaU be lawful for sai(1 company to lease, pur-
T.v- chase, hold and convey all such real and personal estate as
may be necessary to carry on its business, as well as such
real and personal estate as it may be deemed necessary to
acquire in the enforcement or settlement of any claim or
demand arising out of its business transactions, and to sell
or exchange the same for other property, as it may be de-
termined the interests of the company require ; and the
said company is hereby authorized to make, execute and
issue, in the transaction of its business, all necessary re-
ceipts, certificates and contracts; which receipts, certificates,
and contracts shall bear the impress or stamp of the seal of
the company, and shall be signed as may be provided by
the by-laws of the company.
Express business g 5> ^he said company is hereby authorized and em-
powered to carry on a general express business, in receiving,
transporting and delivering merchandise freight of every
kind and description, in large or small packages ; may re-
ceive, transport and deliver money, gold and silver coins,
bank bills, notes, bonds, bills, and all valuable parcels, from
any city, town or railway station within the United States,
to any other city, town or railway station within the same ;
and may, as agent, make collections of money or merchan-
dise for and between parties, at all points on its lines of
transportation ; and shall have the right to charge and re-
ceive therefor such compensation, and make such terms,
contracts and conditions for each and all such services, as
may be agreed upon.
§ 6. The stock of said company shall be transferable
only on the books of the company.
§ 7. This act shall take effect from and after its passage,
and be deemed a public act, and liberally construed as such.
Approved February 16, 1865.
Transfer of stock
FERRIES. 559
AN ACT to amend "An act to authorize the trustees of township thirteen In force Feb. 16,
north, range ten east of the fourth principal meridian, to establish a ferry lsc5-
across the Illinois river."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
charter authorizing the school trustees of township number Location,
thirteen north, range ten east of the fourth principal me-
ridian, to establish a ferry across the Illinois river at the
town of Henry, in the county of Marshall, approved Feb-
ruary 27, a.d. 1817, be and the same is hereby renewed and charter extend-
extended tweutj' years.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to establish a ferry across the Illinois river at Rome, Peoria county, In force Feb. 16,
Illinois. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Ela H.
Clapp, his heirs and assigns, is hereby authorized to estab- Location.
lish, maintain and keep a ferry over and across the Illinois
river, at Rome, Peoria county, from or near the foot of
Washington street, in Home, to a point nearly opposite, in
"Woodford county ; which ferry, when established, shall Term,
continue for twenty years from the passage of this act.
§ 2. This act to be in force from and after its passage.
Approved February 16, 1865.
AN ACT to regulate the ferry heretofore established near Wertenberg, In force Feb. 16,
across Kaskaskia river. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Mere-
dith Duncan, assignee of the terry franchise heretofore Term of ferry,
[granted] across said river, and commonly known as Middle-
ton ferry, on or near the Mascoutah and Nashville road, his
heirs and assignees, shall have the privilege of operating
said ferry for twenty years from and after the passage of
this act : Provided^ that nothing in this act shall be con- Proviso,
strued to impair any ferry right heretofore granted across
said river.
§ 2. The said Meredith Duncan, his associates, heirs Passage.
and assigns, shall at all times keep a sufficient number of
560 FERRIES.
boats and hands to afford a safe and speedy passage to all
persons wishing to cross with their teams, stock, carriages,
or otherwise, whenever practicable,
county court to § 3. The county court of Washington county shall have
power to fix and establish such rates of ferriage as may be
adjudged right and proper, from time to time, and shall
have power to levy and collect, for the franchise herein con-
ferred, such tax or license on said ferry, annually, as they
shall adjudge equitable, and not higher than on other ferries
from said county across said river.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to authorize William H. Underbill and Alexander Vaugbey to
INtO
establish a ferry in Grundy county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That William
Location. JJ. Underfill and Alexander Yaughey, their heirs and as-
signs, be and the same are hereby authorized to establish
and keep a ferry across the Illinois river, on any part of
sections thirty and twenty, in township thirty-three north,
of range six east of the third principal meridian, for the
period of fifteen years.
Rates of ton. § 2. The said William II. Underbill and Alexander
Yaughey, and their heirs and assigns, are hereby authorized
to charge and receive the following rates of toll for crossing
said ferry, viz : For each vehicle drawn by one or two
horses, mules or oxen, forty cents ; for each man and horse,
twenty cents ; for cattle, horses, hogs and sheep, three cents
Proviso. each ; for each footman, ten cents : Provided, that the above
rates may be doubled after ten o'clock in the evening, and
before five o'clock in the morning : And, provided, also, that
said Underhill and Yaughey shall not be obliged to run
said ferry when it would be dangerous and unsafe.
Ferry a high- § 3. The said ferry shall be deemed a public highway
within the meaning of the laws providing for the punish-
ment of persons injuring, obstructing or destroying public
highways or ferries.
§ 4. Said Underhill and Yaughey shall, in all respects,
comply with the provisions of chapter forty-two, of the Re-
vised Statutes, entitled " Ferries."
§ 5. This act shall take effect from and after its pas-
sage.
Approved February 16, 1865.
way.
FERRIES. 561
AN ACT to establish a ferry across the Mississippi river in Carroll county. In for^6?eb- 15«
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That George
A. Thomson, his heirs and assigns, be and he is hereby Location.
authorized and empowered to maintain and keep a ferry for
and during the term of twenty years from the passage of
this act, across the Mississippi river at any point in township
twenty-three north, of range three east of the fourth prin-
cipal meridian, in Carroll county, one and a-half miles on
either side from the point where said ferry shall locate its
landing, to the opposite shore, in the state of Iowa. The
said George A. Thomson, his heirs and assigns, shall, at all
times, keep a good and sufficient ferry boat, with such other
boats as maybe necessary for the speedy and safe trans-
portation of passengers, teams, horses, cattle, and other
animals, as well as goods and effects belonging to passen-
gers, and shall furnish said boats with men of suitable
strength and skill to manage them, and shall charge and
receive such rates of ferriage as may be allowed by the
county court of said county.
§ 2. The said George A. Thomson, his heirs and assigns, Tax to county,
shall pay into the treasury of said county such amount of
tax as may be imposed upon said ferry by the county court
of said county, not exceeding twenty dollars per year.
§ 3. And' the said George A. Thomson, his heirs and
assigns, shall have the privilege of landing his said boats at
any point in said town, and that no license shall be granted,
during said twenty years, to any other person or persons,
or body corporate, to keep or run a ferry within the limits
of said town.
§ 4. And the said George A. Thomson, his heirs and p^°eDcst to ^n
assigns, shall be entitled to the benefits of the forty-second
chapter of the Kevised Statutes of the state of Illinois, re-
garding ferries and toll bridges ; and should any person or
persons, or body politic, hereafter licensed, or without
license, run or land a ferry within the above space stipu-
lated, they shall be subject to and incur the penalties and
forfeitures as provided in said forty-second chapter of the
Revised Statutes, which may be recovered by said George
A. Thomson, his heirs and assigns, as therein provided.
§ 5. This act shall be considered a public act, and shall
be in effect from and after its passage, but not to interfere
with any other vested rights unexpired.
Approved February 15, 1865.
502 FERRIES.
In force Feb. 14, AN ACT to establish a ferry across the Mississippi river.
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Phineas
/vocation. Kimball, jr., be and is hereby authorized to establish and
keep a ferry across the Mississippi river, at the city of Nau-
voo, in the county of Hancock, for the term of twenty-Jive
years from the first day of January, a d. 1865, and take
Rates of ferriage, such rates of ferriage as the city council of iNauvoo shall
from time to time prescribe ; and shall pay, annually, into
the treasury of said city, a sum, to be fixed by said city
council, not exceeding twenty -live dollars. This charter
shall be assignable, and shall vest the franchise in said Kim-
I'roviso. ball, his heirs or assigns, for the term aforesaid : Provided,
said Kimball, his heirs or assigns, shall, within six months
from the passage of this act, establish said ferry, and, at all
times thereafter, keep good and sufficient horse or steam
ferry boat, and smaller craft, for the transportation of per-
sons and property, and the accommodation of the public.
Eights and du- § 2. The owner and keeper of said ferry shall have all
the rights, and be subject to all the duties and liabilities,
prescribed hy the lievised Statutes of 1845 ; shall have the
exclusive right to establish and keep such ferry at Nauvoo,
aforesaid, and for three miles up and down said river, from
Penalties. Nauvoo ; and any person establishing or keeping a ferry
or transporting freights or passengers within said limits, in
violation of the rights of the keeper of the ferry under this
act, shall be liable to all the penalties prescribed by the Re-
vised Statutes of 1815.
§ 3. This act shall be a public act, and take effect and
be in force from and after its passage.
Approved February 11, 1865.
In force Feb. 16, AN ACT to establish a ferry across the Mississippi river.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Randall
^tSFSSSSSr* W- Smith, his heirs and assigns, be and they are hereby
authorized and empowered to maintain and keep a ferry for
and during the term of thirty years from the passage of this
act, across the Mississippi river at any point in township
twenty north, of range two east of the fourth principal
meridian, in Rock Island county, to a point on the west
shore of the said river, in Iowa ; the said Randall W. Smith
and his heirs and assigns, shall keep a ferry boat, with such
other boats as may be necessary for the speedy and safe
transportation of passengers, teams, horses, cattle and other
FEKR1ES. 563
animals, as well as goods and effects belonging to passengers,
and shall furnish said boats with men of suitable strength
and skill to manage them, and shall charge and receive such Rates of ton
rates of ferriage as may be allowed by the county court of
said county.
§ 2. The said Randall W. Smith, his heirs and assigns, Ta0xunt£a!'! *°
shall pay into the treasury of said county such amount of
tax as may be imposed upon the said ferry by the county
court of said county, not exceeding twenty dollars per
year.
§ 3. And the said Randall W. Smith, his heirs and Landings.
assigns, shall have the privilege of landing their said boats
at any point within one and a half mile on either side of
the point where said ferry shall locate its landing, and that
no license shall be granted, during said ten years to any
other person or persons, or body corporate, to keep or run a
ferry within the limits above described.
§ 4. And the said Randall W. Smith and his heirs and ^. acd pen"
assigns, shall be entitled to the benefits of the forty-second
section [chapter] of the Revised Statutes of the state of
Illinois, regarding ferries and toll bridges ; and should any
person or persons, or body politic, hereafter licensed, or
without license, run or land a ferry within the above men-
tioned space, they shall be subject to and incur the penalties
and forfeitures as provided in said forty-second chapter of
the Revised Statutes, which may be recovered by said
Randall W. Smith, his heirs and assigns, as therein pro-
vided.
§ 5. This act shall be considered a public act, and shall
be in effect from and after its passage, but not to interfere
with any other vested rights unexpired.
Approved February 16, 1865.
AN ACT to establish a ferry across the Mississippi river at Dallas City. Tn force !"eb- 16
Section 1. Be it enacted by the People of the State of
Illinois, rep7'esented in the General Assembly, That Benja-
min F. 2sewlon, his heirs and assigns, be and they are Location,
hereby authorized to establish and keep a ferry, for the term
of thirty years, across the Mississippi river, between Dallas
City, in the counties of Hancock and Henderson, and state
of Illinois, and the opposite shore, in the state of Iowa,
and also between the said Dallas City and Ft. Madison, in
said state of Iowa, during which time no liceuse shall be No other ferry,
granted by the county authorities of the county of Hancock
or Henderson, to any person or persons, or body corporate,
to establish or keep a ferry within the present corporate
FERRIES.
limits of said Dallas City, in said counties, nor one mile
above and half a mile below said corporate limits on said
Mississippi river.
§ 2. When the said Benjamin F. Newlon shall have
established said ferry, he shall, at all times, keep a good
and sufficient boat, with such other boats as may be neces-
sary for the speedj and safe transportation of passengers,
teams, horses, cattle and other animals, as well as goods
and effects of passengers, and shall furnish boats, with men
of suitable strength and skill to manage them ; and shall
receive such rates of ferriage as may be allowed him by
the county court of the counties above named, in which he
may select a regular landing for said ferry; and in the man-
agement of the aforesaid ferry shall be governed by the "Act
to establish ferries and toll bridges," approved March third,
one thousand eight hundred and forty-five.
§ 3. The said Benjamin F. Newlon shall have the ferry
privileges from said Dallas City to the opposite shore and
Ft. Madison, in the state of Iowa, for and during the term
of thirty years, from the passage of this act, in the present
corporate limits of said Dallas City, and one mile above
said corporate limits, and half a mile below ; and should
any other person or persons, or body corporate, run, keep
and land a ferry at or within said corporate limits, or within
one mile above or half a mile below said corporate limits,
such person or persons, or body corporate, shall incur the
forfeitures and penalties provided in the eleventh section of
said act in regard to ferries and toll bridges, approved
March 3, 1845, which may be enforced and recovered by
the said Benjamin F. Kewlon, his heirs and assigns, as in
said section of said act provided.
§ 4. This act to be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to authorize P. L. Mitchell to keen a ferry across the Mississippi
1S65. river-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Philo-
Loeation. mau jJ% Mitchell, his heirs and assigns, be and they are
hereby authorized to keep a ferry for fifteen years, across
the Mississippi river, between the town of Hampton, or a
point in its immediate vicinity, in Rock Island county, and
the opposite shore, in the state of Iowa, during which term
the county supervisors of said county shall not grant a
license to any other person or persons to establish a ferry
within one mile of said town of Hampton.
FERKIES. 565
§ 2. The said Mitchell shall keep, at all times, good and Rates.
sufficient boats for the speedy and safe transportation of
passengers, teams, horses, cattle and other animals, as well
as goods and effects belonging to passengers, and shall fur-
nish said boats with men of suitable strength and skill to
manage them, and shall charge and receive such rates of
ferriage as may be allowed him by the board of supervisors
of Rock Island county.
§ 3. Said Mitchell shall pay into the treasury of Rock Tax to county.
Island county such annual tax as may be imposed upon
said ferry by the supervisors of said county, not exceeding
twenty dollars; and in the management and regulation of
the aforesaid ferry, shall, be governed by the act to provide
for the establishment of ferries, toll bridges and turnpikes,
roads, approved February 12, 1827.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 16, 1865.
AX ACT to establish the Massac and McCracken ferry. In force Feb. 15,
J 1865.
Section 1. Be it enacted by the People of th State of
Illinois, represented in the General Assembly, That Jona-
than C. Willis, his heirs and assigns, be authorized and have Location.
the sole and exclusive right to establish and keep a ferry
for fifty years, across the Ohio river, from any part of the
bank of said river, extending for one mile above and two
miles below lot number one, block number one, in the town
of Metropolis, in Massac county, Illinois, to the Kentucky
shore, as long as he shall comply with all the provisions of
this act or any general law now in force or that may here-
after be passed.
§ 2. That said Jonathan C. Willis shall, within one Perry boats,
year from the passage of this act, and at all times thereafter,
keep good and sufficient boats for the speedy and safe trans-
portation of all passengers, teams, horses and other animals,
as well as goods and chattels, belonging to passengers, and
that said boats shall be furnished with men of sufficient
strength and skill to manage the same, or with horses, or
may be propelled by steam.
§ 3. The said Jonathan C. Willis, or his assigns and Landings,
grantees, shall be allowed to land his boats at any point on
the bank of said river described in section one of this act,
and shall receive such rates of ferriage as the county court
of Massac county, Illinois, may fix, from time to time.
§ 4. This act shall be in force from and after its passage.
Approved February 15, 1865.
566 FERRIES.
In force Feb. 14, AX ACT to amend an act entitled "An act to establish a ferry across the
1865, Mississippi river, at Warsaw, in Hancock county," approved January 17,
1851 ; and also, to amend an act entitled "An act to amend an act entitled
'An act to establish a ferry across the Mississippi river at Warsaw, in Han-
cock county,' approved January 17, 1851," approved February 14, 1857.
Section 1. Be it enacted by the People of the State of
Illinois, represented^ in the General Assembly, That all the
Privileges^ ex_- privileges and immunities granted by said several acts
0 to William English, his heirs or assigns, be and the same are
hereby extended tor the term of twenty-five years from the
h'rst day of January, a. d. 1865, and that the said privileges
and franchises so granted by said acts and extended by this
act, extend three miles above and three miles below the foot
of Main street, in Warsaw, Illinois, instead of one mile, as
fixed by said act of January 17, 1851.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 14, 1865.
tended
ye ir
In force Feb. 13, AN ACT to establish a ferrv at the city of Alton.
1865. *
Section 1. Be it enacted by the People of the State of
Illinois, i ejj resented in the General Assembly, That John
■ ■" • Lock and Thomas Lock, their heirs and assigns, shall have
the exclusive right to establish and maintain a ferry at the
city of Alton, in Madison county, across the Mississippi
river, to any point on the Missouri shore, for the term of
twenty years : Provided, said ferry shall be established and
put into operation within six months from and after the pas-
sage of this act.
Rates of ton. § 2. The said John Lock and Thomas Lock, their heirs
and assigns, shall, at all times, keep a good and safe ferry
boat for the transportation of all persons and property which
it may be necessary or that may demand to be crossed at
said ferry ; the said ferry to be propelled by horse or steam
power, or sufficiently manned, to be perfectly safe, and to
charge such rates of ferriage as may be fixed by the common
council of the city of Alton.
§ 3. This act to take effect and be in force from and after
its passage.
Approved February 13, 1865.
FIEE COMPANIES.
567
AN" ACT to establish a Board of Fire Engineers and to reorganize the Fire In force when
Department in the City of Quincy. voted for-
Section 1. Be it enacted by the People of the State of
Illinois* represented in the General Assembly, That the
major, chief engineer of the fire department, and the fore- styieof board,
men of fire companies Nos. 1, 2, 3, 4 and 5 are hereby con-
stituted a body politic and corporate, under the name and
style of the "Board of Fire Engineers of the City of Quin-
cy, Illinois," and by that name may contract and be con- General powers.
tracted with, sue and be sued, plead and be impleaded in
any court in this state, have a common seal, and alter the seal,
same at pleasure, and acquire, hold and transfer property,
real and personal, in the same way that natural persons by
law may do ; and all property which may in any manner
become vested in said board, shall be held and disposed of
by said board only for the maintenance and support of the
Quincy fire department. The said mayor, chief engineer
and foremen of companies named, shall continue to be mem-
bers of said board of fire engineers until a new board shall
be appointed, as hereinafter provided.
§ 2. The officers of the tire department shall consist of officers,
one chief engineer and two assistant engineers, who shall be
elected on the second Tuesday of April after the passage of
this act, and annually thereafter, by the firemen of the city,
in the manner prescribed in section ten, and shall hold their Term of office.
offices for the term of one year, and until their successors
are elected and qualified. The said chief ancr assistant en-
gineers, together with the mayor, who shall be chosen by
the board, and two other persons, to be appointed by the
city council at their regular monthly meeting in May of
each year, shall constitute the said board of fire engineers.
The city council shall have power to remove from office any Board of engin-
member of said board of fire engineers who shall have been eers'
appointed by said council, and also to fill any vacancy oc-
curring in the board by death, resignation, removal from
office, or otherwise : Provided, that the council shall have Proviso.
no power to remove from office any member of this board
elected by the firemen ; and all vacancies occurring by the
death or resignation of any elective member of the board
shall be filled by special election.
§ 3. The board of engineers shall have power to adopt By-iaws.
such by-laws for their own government, and such rules and
regulations for the government of the fire department as
they may deem necessary, and alter and amend the same
at pleasure, and shall also establish the amount of salary to Salary of chief
be paid to the chief engineer, the assistant engineers and engineer-
the clerk of the board.
§ 4. All claims against the board shall be audited by the ciaim?, how au-
finance committee, which shall consist of the chairman, chief dIted'
engineer, and one other member of the board, and if allowed,
FIRE COMPANIES.
a warrant, signed by the chairman and secretary, shall be
drawn on the funds of the board, in favor of the person en-
titled to the same.
Monthly meet- § 5. The board 0f fre engineers shall hold regular
monthly meetings, at such place within the corporate limits
of said city, as they by vote or by-law may determine, and.
at their first regular meeting they shall elect, from among
their own number, a secretary, whose duty it shall be to
keep a correct record of the proceedings of the board, which
record shall be open at all times to the inspection of all per-
sons interested. Four members shall constitute a quorum
for the transaction of business, but a smaller number may
adjourn from time to time, and shall have the power to com-
pel the attendance of absentees.
property vested & Q, All and singular the powers and duties and rights
in board. ° » . . L ... „ , . o
oi property, now vested in the city council ot the city of
Quincy, in the grounds, buildings and apparatus occupied
and used by the fire department, are hereby divested out of
the said city council and vested in the said board of engi-
neers, who are hereby declared to be the legal successors of
the said city council in relation to all the powers, duties and
rights of property and apparatus, as aforesaid.
Management of § f_ The board of lire engineers of the city of Quincy
fire companies. 3, . i • - i i • i
are hereby vested witli tne exclusive management, charge
and control of all fire • companies, engine companies, hose
and hook and ladder companies, together with all engine
houses, engines, hose carriages, hose and other apparatus,
used in the extinguishment of fires, (excepting the appara-
tus purchased by and belonging to the fire companies,) and
are hereby authorized and required to establish and main-
tain an efficient fire department; and to defray the expenses
thereof, and for this purpose they shall have power to pro-
cure fire engines, hose, hose carriages, and such other appa-
ratus, used for the extinguishment of fires, as may be neces-
sary, and have charge and control of the same ; and shall
provide fit and secure engine houses, for keeping and pre-
serving said fire apparatus, and shall keep said engine houses
in thorough repair ; and shall also have power to organize
fire, hook, hose, bag, ladder, and axe companies, to prescribe
the duties of firemen, and to make all necessary rules and
regulations for their government.
Expense of fire § S. For the purpose of enabling the board of engineers
howpaid.n ' to carry out the provisions of the preceding section, and to
pay the salaries of the chief and assistant engineers of the
fire department, the city council of said city of Quincy shall
cause to be appropriated, annually, out of any moneys that
may be paid into the treasury of said city, the sum of
thirty-five hundred dollars, which sum shall be held by the
city treasurer, subject to the order of the board of engineers,
and shall only be applied by them to the maintenance of the
fire department. At the end of each fiscal year, the board
EIRE COMPANIES. £>69
of engineers shall cause any portion of this money remaining
in the treasury unexpended and unappropriated, to be placed
at the disposal of the city council. To assist the city council Tax, how levied,
in making this appropriation, they shall have power to levy
and collect from each and every insurance company char-
tered by the legislature of this state, and located in the city
of Quincy, and from each and every insurance agent or
agents doing business in the city of Quincy for any insurance
company not located in said city, a sum for license to the
amount of fifty dollars: Provided, that any agent repre- Proviso,
senting more than one such insurance company not located
in such city, shall pay the license so levied for each and
every such insurance company he, she or they may repre-
sent: and further, that the city council of the city of Quincy
shall also have the power to levy and collect from each and
every insurance company or companies located in the city
of Quincy, a tax of one per cent., per annum, on the gross
receipts for cash premiums received by such companies for
insurance effected by them upon property located in said
city; and from each and every such insurance agent or Amount of tax-
agents, doing business in the city of Quincy for such insu-
rance companies not located in the city of Quincy, a tax of
one and three-fourths per cent., per annum, on the gross re-
ceipts for premiums received upon insurance effected by
them ; and that the secretary of such insurance company
located in the city of Quincy, and such agent or agents of
insurance companies not located in the city of Quincy, but
doing business there, shall file at the office of the clerk of
the city of Quincy a sworn statement of such gross receipts,
upon which said tax shall be levied.
§ 9. The members of the fire department shall, during Firemen exempt
, i °» , ,. .1 i. x' • • • •_ from jury and
their term ot service, be exempt from serving on juries m road tax or ia^
all courts of this state, and in the militia, and shall be ex- bor-
empt from working out or paying any road, street or poll
tax ; and the evidence to entitle them to the exemption pro-
vided in this section shall be a certificate of the clerk of the
board of lire engineers, issued during the year in which said
exemption is claimed, and every fireman who shall have
faithfully served as such in the city of Quincy for seven
years, shall be thereafter exempt from serving on juries in
all courts in this state, or in the militia, except in case of
insurrection or invasion; and the evidence to entitle such
person to such exemption shall be a diploma, issued under
the corporate seal of the board of fire engineers, signed by
the president and clerk, and countersigned by chief engi-
neer. Honorary members of the different fire companies of
Quincy, who contribute annually a stipulated sum to the
support of the fire department, to be established by the con-
stitution or by-laws of the different companies, shall in like
manner be exempt from paying road tax and serving on
juries in all courts of this state ; and the evidence to entitle
—44
570
FIRE COMPANIES.
Annual eleetion.
Fre department.
Property
taxable.
Act to be voted
for.
them to such exemption shall be the receipt of the secretary
of the company to which they may belong, for the year in
which the exemption is claimed : Provided, that no hono-
rary member shall be admitted into any company on pay-
ment of a less sum than three dollars per annum.
§ 10. On the second Tuesday in April after the passage
of this act, and annually thereafter, an election shall be held
at some engine house in said city, for a chief engineer and
two assistant engineers of the iire department ; which said
election shall be held subject to such rules and regulations
as the board of engineers may adopt, not inconsistent with
the provisions of this act. The manner of conducting said
elections, the keeping of the poll list, the canvassing of the
votes and certifying the returns, shall be the same, as nearly
as may be, as is now or may hereafter be provided at gene-
ral state elections : Provided, that no person shall be enti-
tled to vote at any election held under the provisions of this
act, who shall not have been a member of some volunteer
company in the fire department at least sixty days previous
to such election.
§ 11. All expenses incurred for the support of the fire
department in said city, which shall become payable on or
before the first day of April, eighteen hundred and sixty-
five, shall be paid by said city out of the treasury, and all
expenses incurred for the support of the fire department,
which shall become payable after that day, shall be defrayed
by said board of engineers out of its treasury, and the city
council shall appropriate a sum at their regular meeting in
April, eighteen hundred and sixty-five, sufficient to meet
the expenses of the department until such time as the above
tax is collected, and cause the same to be subject to the
order of the board. •
§ 12. All property belonging to the board of engineers
shall be exempt from taxation for city, county or state pur-
poses.
§ 13. This act shall not become a law until the same
shall be submitted to a vote of the legal voters of the city of
Quincy, at a special election to be held for that purpose, at
the usual places of voting, on the second Tuesday in May,
eighteen hundred and sixty-five ; notice of which election
shall be given by the mayor of said city in all the daily pa-
pers of Quincy, aforesaid, at least five days prior to the time
of holding the same. Said election shall be by ballot, and
those voting for the adoption of this act shall indorse on
their tickets " for adoption of the act ;" and those voting
against it shall indorse on their tickets " against adoption of
the act ;" and if a majority of the votes at such special elec-
tion shall be in favor of the adoption of this act, the same
shall become a law, but not otherwise. After the returns of
said election are canvassed, the result shall be recorded in
the records of said city, and the said record of such result,
FIRE COMPANIES. 571
or an exemplified copy of the same, under the seal of said
city and the hand of the city clerk, shall be evidence in all
courts and places, of the adoption or rejection of this act.
§ 14:. All laws and parts of laws inconsistent with this
act are hereby repealed.
§ 15. This act shall be declared a public act.
Approved February 16, 1S65.
AX ACT to incorporate the Arab Fire Company of Cairo, Illinois. In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry
Winter, II. Watson Webb, George Gushing, James Cap- corporators.
ritz, A. G. Holden, John H. Robinson, George W. Weldon,
David J. Baker, jr., George Winter, Win. Smith, D. Web-
ster Baumguard, Charles D. Arter, Wm. Sandusky, Joseph
Meigler, Henry Lattner, C. II. Wentz, John Hay ward,
Tan R. Hall, Edward Mansford, John H. Gossman, Wm.
Tell, John Major, Wm. J. Yost, John Myers, Casper Hock,
Fred. Keiler, Henry Franklin, Henry Messner, John Hod-
ges, jr., E. F. Davis, A. H. Irvin, Wood Rittenhouse, John
Jaquish, David T. Linegar, Henry Harris, Wm. B. Miller,
James Gordon, George Stormer, Jerry Cantrell, Wm. Alba,
Philip Theobold, John C. White, George W. Burrows, L.
D. Jones, August Kramer, Chas. W. Henderson, Jacob G.
Lynch, Charles Bromback, Edward Koblatz, Fred. Wit-
camp, Joseph K. Frick, Charles Pfifferling, Joseph Kos-
minski, W. W. Yillito, A. Wittig, Edward Wittig, George
"Van Brocklin, Frederick Theobald, Cornelius Cafferty and
J. Parker Timmory, and their associates and successors,
shall be and are declared to be a body politic and corporate,
by the name and style of the "Arab Fire Company.*' Said Name and style.
corporation to be located in the city of Cairo, Illinois, and to have -vo years
to continue in existence until the first of September in the
year a. d. 1900, and shall have power to adopt a common General rowers.
seal and alter and renew the same at pleasure, and in said
name may sue and be sued, plead and be impleaded, an-
swer and be answered unto, and prosecute and defend in
all courts and places in all manner of suits, causes and ac-
tions whatever, either at law or in equity.
§ 2. The present officers of said company shall hold °® °^ and
their offices and perform the duties required of them by the
by-laws of said company until the first Monday of April a. d.
1866, at which time the members of said company shall
proceed under the provisions of this act to elect a president,
vice president, secretary, treasurer, and a board of directors,
consisting of five persons, all of whom shall be members of
said company. All such other officers, servants and agents
QlV
FIKE COMPANIES.
Extent
pert}'.
Executions
papers.
Property
taxable.
Firemen exempt.
By-laws.
as may be necessary to carry out the objects of said compa-
ny, may be elected or appointed in such manner as shall be
provided by the by-laws of said company.
§ 3. The said company shall have power to acquire, by
gift, grant, devise or purchase, and to hold and to convey
all such real estate and personal property not exceeding
fifty thousand dollars in value, as they may deem necessary
for the erection of engine house, fireman's hall, and other
buildings necessary for the keeping of the apparatus and
transaction of the business of said company, and shall also
have power to purchase, hold, sell and dispose of, when ne-
cessary or expedient, fill such fire engines, hose, hose car-
riages, reels, hooks, ladders, buckets, axes, and other fire
apparatus as they may deem necessary or proper, for the
use and benefit of said company in the extinguishing or
preventing of fires within said city.
§ 4. AH contracts, agreements, orders on the treasurer
of said company, deeds, mortgages, or other writings, made
by said company, to, with or for any person or persons,
company or corporation, shall be signed by the president of
said company, or in case of his absence or refusal to act, by
the vice president of said company, and countersigned by
the secretary, with the seal thereof attached.
§ 5. All such property, real and personal, as shall be
owned, held or used by said company, and shall be necessa-
ry for engine rooms and meeting hall, and all fire engines
and other fire apparatus, owned, held or used by said com-
pany, exclusively for the business of said company, shall be
exempt from taxation of every kind, so long as the same
shall be so owned, held or used by said company, for the
purposes and uses incident to a fire company, and said com-
pany shall continue to be an acting fire company in said
§ 6. The members of said fire company shall, during
the time they may continue acting members thereof, be ex-
empt from militia duty in times of peace, road and 6treet
labor, and from paying a tax in lieu thereof, and from ser-
ving on juries.
§ 7. The said company shall have power to regulate, by
by-law, the qualification of members, the mode of electing
the same, and the amount of initiation fees and monthly
dues, and to provide by by-law fines and penalties for nonat-
tendance at meetings or fires, or for neglect of other duties re-
quired of them by the said by-laws, which fines and penalties
may be recovered by suit as other debts, and said company
shall have power to provide by by daw as to. how and for
what purpose the said moneys shall be kept and used, and
may invest any surplus funds which they may have, in
bonds or stocks, or loan the same out at such rates of inte-
rest as shall be allowed by the laws of this state, and said
company shall have power to provide by by-laws for the ex-
FIRE COMPANIES.
pulsion of members for non-payment of dues, violation of
by-laws and other offenses, and shall also have power to
make all necessary rules and by-laws for the government of
sa £ company: Provided, no by-laws of said company or ^
other regulation shall be repugnant to or in conflict with
the constitution and laws of this state or of the United States-
And, provided further, no such fine, forfeiture or penalty
imposed by the by-laws, or other rules or regulations of
said company, shall exceed the sum of one dollar for each
onense. ^«*,aa
§ 8. This act shall take effect and be in force from and
alter its passage, and shall be deemed a public act, and be
liberally construed for the purposes of said corporation.
£ 9. it the said company shall at any time disband and ^'^ p^er
cease to exercise its functions as contemplated by this act tovestinothe
then and in that event the title to all property, real and per-
sonal, or mixed owned by said company, shall vest in the
trustees of schools of township 17 south, range 1 west in
Alexander county Illinois, for the use of the inhabitants of
said township, and the same shall be disposed of by the
said trustees, and the proceeds thereof added to the princi-
pal ot the common school fund of said townshm
Approved February 16, 1865.
Acts legalized.
AN ACT to amend an act entitled "An act to incorporate the Belleville mw.w, ,-
Fire Company," Approved February 15, A. D. 1855. is! ' ^
Section 1. Be it enacted by the People of the State of
Illinois, represented %n the General Assembly, That the
change of name of the Belleville Fire Company of St Clair
county, Illinois, from their charter name to the name of
whiST Fire.ComPan/> and all acts done since said change
which are authorized by said charter are hereby legalized
and that the charter heretofore granted to said Belleville
an pany' be the charter of said St. Clair Fire Com-
aflI/L ThiS aCt t0 take etfect and be in force from and
aitei its passage.
Approved February 16, I860.
oii FIRE COMPANIES.
in force Feb. 15, AX ACT to incorporate the South Belleville Fire Company of the city of
lj0l>- Belleville.
Section 1. Be ii enacted by the People of the State of
Illinois, represented in the General Assembly, That William
Name and style. Jansen, Jacob Puclerer, Joseph Lobsinger, Frederick Sclmit-
eker, Peter Steinhauer. Michael Lobsinger, Anton Albrecht,
John Gerber, John Hammer and Ferd Simkel, and all
others who may hereafter become members of said compa-
ny, and their successors, be and they hereby are incorpora-
ted and .made a body politic fori he term of twenty years
from the passage of this act, by the name, style and title of the
"South Belleville Fire Company" of the city of Belleville,
General powers. aRCl Dy that name shall have perpetual succession, may sue
and be sued, plead and be impleaded, appear, prosecute and
defend in law and equity, in all courts of justice whatsoever,
to contract and be contracted with, to have, hold and enjoy,
by gift, devise, grant, purchase or otherwise, real and per-
sonal estate, not to exceed at any time the value of forty
thousand dollars, and again to sell the same at pleasure ; to
have and use a common seal, and to alter the same at
pleasure.
object. § 2. The object of this company shall be the extinguish-
ment of fires and the protection of property in the city of
Belleville.
By-laws. | 3. The said company shall have power to make and
adopt a constitution and by-laws for the govern merit and
maintenance of the said company, as they may from time to
time consider fit and proper, not inconsistent with the con-
stitution and laws of this state and the United States, and
again to repeal and alter the same ; which constitution and
by-laws, when made and adopted, shall be binding upon
the members of the company, and may be enforced against
them either by suit, in the name of the company, or by for-
feiture of the membership, or by both.
§ 4. The constitution and by-laws of the said company
shall be entered by an officer of the company in a book kept
ior that purpose, which said book shall be 2^ima facie evi-
dence of the matter therein contained in all courts of justice.
§ 5. The constitution and the by-laws of the company
shall not conflict with the ordinances of the city of Belle-
ville regulating the fire department of said city.
Members. g ^ Th&t &\\ an(j eVery person who shall become an
active member of said company, shall during such active
service, be exempt from road tax and jury duty within the
limits of said city of Belleville.
Annual meeting. § 7, There shall be a meeting of said company in Belle-
ville on the first Monday of March, 1865, annually, or on
such other day as the said company may hereafter deter-
mine, for the election of a president, foreman, assistant fore-
man, hose captain, two directors, secretary and treasurer.
FIEE COMPANIES. 575
§ 8. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Springfield Pioneer Fire Company, Number One, in force April is
of the city of Springfield. • 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Thomas
J. Dennis, Henry H. Richardson, Benjamin S. Osborn, Name and style.
Peter Berriman, Samuel Rohrbaugh, Daniel Morse, Robert
M. Hindman, David W. Carver, Yincent Ridgely, and their
associates and successors, are hereby created a body politic
and corporate by the name of "The Springfield Pioneer Fire
Company Number One," and by that name shall have per-
petual succession, with full power to sue and be sued, to General powers.
plead and be impleaded, answer and defend, in law and
equity, in all courts of justice whatsoever, to contract and
be contracted with, to have, hold and enjoy, by gift, devise,
grant, purchase or otherwise, real and personal estate, not
to exceed at any one time the value of forty thousand dol-
lars, and sell or dispose of the same at pleasure ; to have
and use a common seal, and to alter the same at pleasure.
§ 2. The object of this company shall be the extinguish- object,
ment of fires in the city of Springfield.
§ 3. The said company shall have power to make and By-iaws.
adopt a constitution and by-laws for the government and
maintenance of the said company as they may, from time to
time, consider fit and proper, not inconsistent with the or-
dinances of the city of Springfield regulating the fire de-
partment, the laws of this state or of the United States, and
to repeal or alter the same ; which constitution and by-laws,
when made and adopted, shall be binding upon the mem-
bers of the company, and may be enforced against them,
either by suit in the name of the company, or by forfeiture
of the membership, or both.
§ 4 The constitution and by-laws of the aid company constitution,
shall be entered by an officer of the company in a book
kept for that purpose, which said book shall be prima facie
evidence of the matter therein contained in all courts of jus-
tice or otherwise. Firemen exempt.
§ 5. The members of said company shall be exempt
from poll tax, for highway and street labor, and from serv-
ing as jurors in all cases where such member or members
have served five years in the fire department of said city.
§ 6. This act shall be in force from and after its passage.
Approved February 16, 1865.
576
FIEE COMPANIES.
3n force Feb. 16, AN ACT to incorporate the Phoenix Fire and Bucket Company, of the city
1865- of Springfield.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That "Wil-
Name and style. Ham T. Smith, Daniel W. Breamer, George "W. Gifford,
John Q. A. Floyd, Georgo R. Teasdale, Theodore F. Dock-
son, John Hopper, Joseph A. Binker, Charles C. Cromwell,
Henry- AV. Brackett, and their associates and successors, are
hereby created a body politic and corporate, by the name
and title of "The Phoenix Fire and Bucket Company, of the
city of Springfield," and by that name shall have perpetual
powers. succession, with full power to sue and be sued, to plead and
be impleaded, answer and defend in law and equity in all
courts of law or equity whatsoever, to contract and be con-
tracted with, to have, hold, and enjoy, by gift, devise, grant,
purchase or otherwise, real and personal estate, not to ex-
ceed, at any one time, the value of thirty thousand dollars,
and to sell or dispose thereof at pleasure, to have and use a
common seal, and to alter the same at pleasure.
object. § 2. The object of this company shall be the extinguish-
ment of tires in the city of Springfield.
constitution. § 3. The said company shall have power to make and
adopt a constitution and by-laws for the government and
maintenance of the said company, as they may, from time
time, consider fit and proper, not inconsistent with the or-
dinances of the city of Springfield, regulating the fire depart-
ment, the laws of this state or of the United States, and to
repeal or alter the same ; which constitution and by-laws,
when made and adopted, shall be binding upon the members
of the company, and may be enforced against them, either
by suit in the name of the company, or by forfeiture of the
membership, or both.
By-iaws. g 4 The constitution and by-laws of the said company
shall be entered by an officer of the company in a book kept
for that purpose, which said book shall be prima facie evi-
dence of the matters therein contained in all courts and
places.
Members exempt § ,5. The members of said company shall be exempt frOm
poll tax for highways and street labor, and from serving as
jurors in all cases where such member or members have
served five years in the fire department of the city of Spring-
field.
§ 6. This act shall be in force from and after its pas-
sage.
Approved February 16, 1865.
FIKE COMPANIES. 577
AN ACT to incorporate the Phoenix Fire Engine Company Number Two, of In force Feb. 16,
the city of Springfield. lbby-
Section L. Be it enacted oy the People of the Stale of
Illinois, represented in the General Assembly, That William
Bickes, Jacob Nonen man, Math. Bernhardt, Plenry Beding- Name and style,
house, Math. Reoppel, Chris. Harbauer, Ben. Ledale, and
their associates and successors, are hereby created a body
politic and corporate, by the name of " The Phoenix Fire En-
gine Company Number Two, of the city of Springfield," and
by that name shall have perpetual succession, with full
power to sue and be sued, to plead and be impleaded, an- Powers.
swer and defend in law and equity in all courts of justice
whatsoever, to contract and be contracted with, to have, hold
and enjoy by gift, devise, grant, purchase or otherwise, real
and personal estate, not to exceed at any one time the value
of forty thousand dollars, and to sell the same or to dispose
thereof at pleasure, to have and use a common seal, and to Seal-
alter the same at pleasure.
§ 2. The object of this company shall be the extinguish- object,
ment of fires in the city of Springfield.
§ 3. The said company shall have power to make and By-laws-
adopt a constitution and by-laws for the government and
maintenance of the said company as they may, from time to
time, consider fit^and proper, not inconsistent with the or-
dinances of the city of Springfield regulating the fire de-
partment, the laws of this state or the United States, and to
repeal and alter the same ; which constitution and by-laws,
whenjjmade and adopted, shall be binding upon the members
of the company, and may be enforced against them, either by
suit in the name of the company or by forfeiture of the mem-
bership, or by both.
§ 4. The constitution and by-laws of the said company Proof of laws,
shall be entered by an officer of the company in a book kept
for that purpose, which said book' shall be prima facie evi-
dence of the matter therein contained in all courts of justice
or otherwise.
§ 5. That the members of said company shall be exempt Exemption of
from poli tax for highway and street labor and from serving
as jurors in all cases where such members have served five
years in the fire department.
§ 6. This act shall be in force from and after its pas-
ige.
Approved February 16, 1865.
578
FIRE COMPANIES.
Id force Feb. 15, AX ACT to incorporate the Young America Fire Company, of the city of
li05- Springfield.
Preamble.
Seal.
Proviso.
Proviso.
Number of mem-
bers.
Members exempt
Whereas it has been represented to the general assembly
that an association called the Young America Fire Com-
pany, of the city of Springfield, has been formed and or-
ganized by regulations and by-laws for the sole purpose of
rendering themselves more efficient in protecting the pro-
perty of the citizens from destruction by fire ; and where-
as, for the more perfect organization of said association or
company, they should be invested with certain corporate
powers, and enjoy certain immunities and privileges ;
now, therefore, in order to encourage so praiseworthy
and useful an institution, and give strength, permanency
and dignity to the same ; therefore,
Section 1, Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
H. Freeman, Martin J. Uhler, James Withey and J. B.
Hammond, their associates and successors, be and they are
hereby ordained, constituted and declared to be a body cor-
porate and politic, by the name and style of "The Young
America Fire Company, of the city of Springfield/' and by
that name they may have continual succession, and shall
be capable of suing and being sued, pleaded, being implo-
ded, answering and being answered unto, defending and be-
ing defended, in all courts and places whatever ; that they
and their successors may have a common seal, and may
change, alter or break the same at their pleasure, and that
they and their successors shall be in law capable of holding,
purchasing and conveying any estate, real, personal, or
mixed, for the use of said corporation, and shall hold and
enjoy in their corporate capacity all the property, real, per-
sonal and mixed, which the said company now have or here-
after may acquire : Provided^ the said company shall not
hold any real estate except such as may be necessary for the
use of said company.
§ 2. The said corporation shall have power to make a
constitution and by-laws for the government of the same,
and to alter and amend the same at pleasure : Provided, that
nothing in them contained shall be repugnant to the laws of
the land.
§ 3. The said corporation shall consist of not more than
one hundred active members, and as many honorary mem-
bers as they by their by-laws may regulate, not exceeding
fifty, which members shall make such contributions for the
support of the corporation' as they, from time to time, may
regulate in their by-laws ; but no person shall enjoy the
privileges of an honorary member unless he contributes at
least five dollars per annum to the support of said corpora-
tion.
§ 4. All the active and efficient members of said cor-
FIRE COMPANIES. 579
poration shall bo and they are hereby exempted from the
performance of military duty and services upon juries dur-
ing their continuance as members of said corporation.
§ 5. In order to create a fund for the purchase of en- Fuud
gines, engine houses, hose carriages, and other apparatus
for the use of said corporation, they shall have power by
their by by-laws to regulate as they may deem expedient
to levy a contribution upon the members, impose fines for
non-attendance and other derelictions of duty, and enforce
the payment of the same.
§ 6. The said corporation shall have power by their by- Elections,
laws to regulate as they may deem expedient the election
of all their officers, and impose fines for malfeasance or non-
feasance in office and collect the same.
§ 1. It shall be the duty of said corporation to keep al- Fires'
ways in good repair and ready for use, upon a sudden warn-
ing and in a convenient place, at least one good fire engine,
set of hose, carriage, and all necessary apparatus, and with
the same to attend ail fires in the city of Springfield as
speedily as practicable after notice of the same, and to aid
and assist in the extinguishing of the flames, and do and
perform all other duties usual to fire companies.
§ 8. JSTo member of said company shall be compelled to Term of service,
do duty in it for a longer period than five years, when he
shall be entitled to receive from the foreman and secretary,
under the seal of the company, a certificate that he has
served as a fireman during the period of five years.
§ 9. No person having received such certificate shall be
compelled to do duty in the militia or set on any jury within
the state.
§ 10. The secretary shall keep a true record of all certifi- Record,
cates granted to members under this section, and the certifi-
cate authorized to be issued by the foreman and secretary
of the corporation created by it shall be received as evi-
dence in all the courts of this state, courts martial included.
§ 11. The corporation hereby created shall continue so rerm.
long as it shall faithfully and beneficially fulfill the objects
and intentions of its creation. But the general assembly, Charter, when
whenever satisfied that it has failed to accomplish the ob-
ject for which it was created, or has violated this charter,
may alter or repeal the same.
§ 12. This act to take effect and be in force from and
after its passage.
Approved February 15, 1865.
580 FISH INSPECTOR — GAS LIGHT COMPANIES.
AX ACT in relation to the Fish Inspectors of the city of Chicago.
Section 3 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the corn-
Fees of inspect- mon council of the city of Chicago shall have power to fix
" and regulate the pay of fish inspectors.
§ 2. This act shall be deemed a public act, and have
effect from and after its passage.
Approved February 16, 1865.
In force Feb. 1G,
1S65.
In force Feb. 16,
1SG5.
AN ACT to incorporate the Cairo City Gas Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That David
corporators. J. Baker, jr., David T. Linegar, Bryan Shannessy, H.Watson
Webb, S. Staats Taylor, Horace Barnes, their associates,
successors and assigns, be and they are hereby created a
body politic and corporate, by the name and style of the
Name and style. "Cairo City Gas Company," and by that name they and
powers. their successors shall be capable, in law, of contracting and
being contracted with, suing and being sued, defending and
being- defended, in all courts and places and in all matters
whatsoever, with full powers to acquire, hold, occupy and
enjoy all such real and personal estate as may be necessary
and proper for the construction, extension and usefulness of
the works of said company, and for the management and
seal. good government of the same; and they may have a com-
mon seal, and the same may alter, break and renew at pleas-
ure ; and the office of said company shall be kept in the city
of Cairo.
Gas. § 2. The corporation hereby created shall have full
power and authority to manufacture and sell gas to be made
from any and all the substances, or a combination thereof,
from which inflammable gas is usually to be obtained, or
may hereafter be obtained, and to be used for the purpose
of lighting the city of Cairo or the streets thereof, and any
buildings, manufactories and public places, or houses there-
in contained, and to erect all necessary works and appara-
tus, and to lay pipes for the purpose of conducting the gas
in any of the streets or avenues of the said city, provided,
that no permanent injury or damage shall be done to any
street, lane or highway of said city. The real estate which
this corporation is entitled to hold shall not exceed five
acres in amount, nor one hundred thousand dollars in value.
capital stock. § 3. The capital stock of said company shall be fifty
thousand dollars, and may be increased, to be divided into
shares of fifty dollars each, to be subscribed and paid for in
GAS LIGHT COMPANIES. 581
such proportions as shall be prescribed by the by-laws and
rules for regulating the concerns of said company ; and said By-iaws.
company may adopt such by-laws as they shall think pro-
per and necessary respecting the management and disposi-
tion of the stock, property and estate of said company, the
duties of the officers, artificers and agents to be employed,
and the number and selection of directors, and all such mat-
ters as appertain to the concerns of said company. Said com- Exclusive rights
pany shall have the exclusive right and privilege of supply-
ing the city of Cairo and its inhabitants with gas, for the
purpose of affording light for said city of Cairo, in Alexan-
der county, for twenty-five years.
This act to take effect and be in force from and after its
passage.
Approved February 16, 1865.
AN A.CT to repeal the act entitled "An act to incorporate the Decatur Gas In force Feb. 16,
Light and Coke Company." 1S65-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the act
entitled "An act to incorporate the Decatur Gas Light and Acts repealed.
Coke Company," approved February 18, 1857, be and the
same is hereby repealed.
§ 2. This act shall take effect from and after its passage.
Approved February 16, 1865.
AN" ACT to incorporate the Decatur Gas Light and Coke Company. la force Feb. 16,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That William
Martin, Henry Prather, I. C- Pugh, A. J. Gallager, and E. corporators.
O. Smith, and their associates, be and they are hereby crea-
ted a body politic and corporate, with perpetual succession,
by the name and style of the "Decatur Gas Light and Coke Name and style.
Company," and by that name they and their successors
shall be capable, in law, of contracting and being contracted Powers,
with, suing and being sued, defending and being defended,
in all courts and places, and in all matters whatsoever, with
full powers to acquire, hold, occupy and enjoy all such real
and personal estate as may be necessary and proper for the
construction, extension, and usefulness of the works of said
company ; and they may have a common seal, and the same Seal,
may alter, break and renew at pleasure.
582
GAS LIGHT COMPANIES.
Gas.
Capita! stock.
Term.
Proviso.
§ 2. That the corporation hereby created shall have full
power and authority to manufacture and sell gas to be made
from any or all of the substances, or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the city of Decatur, or the
streets thereof, and any buildings, manufactories, public
places, or houses therein contained, and to erect all neces-
sary works and apparatus, and to lay pipes for the purpose
of conducting, with the consent of the city authority, the
gas in any of the streets or avenues of said city, provided
that no permanent injury or damage shall be dune to any
street, lane or highway in said city. The real estate which
this corporation is entitled to hold shall not exceed in value,
exclusive of improvements erected thereon, fifteen thousand
dollars.
§ 3. The capital stock of said company shall not exceed
one hundred and fifty thousand dollars, to be subscribed for
and paid in such proportions as shall be prescribed by the
by-laws and rules for regulating the concerns of said compa-
ny, as they shall think proper and necessary, respecting the
management and disposition of the stock, property and es-
tate of said company, the duties of the officers and agents
to be employed, the number and election of directors, and
ail such matters as appertain to the concerns of said compa-
ny. Said company shall have the privilege of supplying the
city of Decatur, and its inhabitants, with gas, fur the pur-
pose of affording light, for thirty years : Provided, that they,
their successors or assigns shall be organized and ready to
supply said city and its inhabitants with gas within three
years from the passage of this act.
§ 4. This act to take effect from its passage.
Approved Feb. W, 1865.
In force Feb. 16, AN ACT to incorporate the East St. Louis Gas Light and Coke Company.
1865.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Henry
rporators. Jackiesch, Francis "Wittram, Win. D. Griswold, George
W. Brackett, Wm. E. Hendrich, John B. Bowman and E.
W. Wider, their associates, successors, heirs and assigns, be
and they are hereby created a body corporate and politic,
with perpetual succession, by the name and style of the
xannand style. "East St. Louis Gas light and Coke Company," and by that
powers. name they and their successors shall be capable, in law, of
contracting and being contracted with, suing and being sued,
defending and being defended, in all courts and places, and
in all matters whatsoever, with full power to acquire, hold,
GAS LIGIIT COMPANIES. 583
occupy or enjoy all such real and personal estate as may be
necessary and proper for the construction, extension and
usefulness of the works of said company, and for the man-
agement, and good government of the same. They shall seal,
have a common seal, which they may alter, break or renew
at pleasure.
§ 2. The corporation hereby created shall have fu'.l oas and coke,
power and authority to manufacture and sell gas and coke,
to be made from any or all of the substances, or a combina-
tion thereof, from which inflammable gas can be obtained,
to be used for the purpose of lighting the town of East St.
Louis and the territory between its boundary and the Mis-
sissippi river, in St. Clair county, Illinois, or the streets, al-
leys, levees, embankments, depots, stations, manufactories,
public places or houses therein, and to erect all necessary
works and apparatuses, and to lay pipes for the purpose of
conducting the gas in any of the streets, avenues, alleys,
embankments, levees or public places within said limits,
provided no permanent injury be thereby done to said
streets, alleys, embankments, levees or public places.
§ 4. The said company may acquire, by purchase or Extent of real
condemnation, agreeably to the laws of this state (the act estate'
approved June 22, 1852, and all amendments thereto,) such
real estate as shall by them be required for their said busi-
ness, however not exceeding one hundred thousand dollars
in value.
§ 5. The capital stock of said company shall not exceed capita! stock.
three hundred thousand dollars in value, to be subscribed
for and paid in such proportions as shall be prescribed by
the by-laws and rules for regulating the concerns of said
campany, as they shall think proper and necessary, respect-
ing the management and distribution of the stock, property
and estate of said company ; the duty of the artificers and
agents to be employed, the number and election of directors
and all such matters as appertain to the concerns of said
company. Said company shall have the exclusive privilege
of supplying said town of East St. Louis and said additional
territory, and the inhabitants thereof, with gas for the pur-
pose of affording light for twenty years : Provided, the Proviso,
rates by them charged for gas furnished shall not exceed
the rate charged for gas by the Belleville Gas Light and
Coke Company, and ten per cent, addition to said last rate:
And, provided, further, that they shall commence opera- Provisos,
tion in one year from the passage hereof, and have said
place lighted with gas in two years from the passage of this
act, or forfeit their charter.
§ 6. The town of East St. Louis, by its corporate author- East st. Louis
ities shall have the right to subscribe, take and hold stock
in the company hereby created, to the amount of five thou-
sand dollars, provided said authorities, upon application to
that effect by the said company, shall not, by resolution or
584 GAS LIGHT COMPANIES.
otherwise decline or refuse to accept and execute said privi-
lege.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved February 1<3, 1865.
In f°iTcJeb' 16' AX ACT t0 incorporate the East St. Louis Gas Light and Coke Company.
Section 1. Be it emoted by the People of the State of
Illinois, represented in the General Assembly, That Henry
corporators. Jackiecb, Francis Wittram, ¥m. D. Griswold, George W.
Brackett, Wm. E. Hendrick, John B. Bowman, and E. W.
Wider, their associates, successors, heirs and assigns, be and
they are hereby created a body corporate and politic, with
Name and style, perpetual succession, by the name and style of "The East St.
Louis Gas Light and Coke Company," and by that name
rowers. t]iey anc[ their successors shall be capable in law of contract-
ing and being contracted with, suing and being sued, defend-
ing and being defended, in all courts and places, and in all
matters whatsoever, with full power to acquire, hold, occupy
and enjoy all such real and personal estate as may be neces-
sary and proper for the construction, extension a:id useful-
ness of the works of said company, and for the management
seal. and good government of the same. They shall have a com-
mon seal, which they may alter, break, or renew at
pleasure.
sen gas and coke § 2. The corporation hereby created shall have fall
power and authority to manufacture and sell gas and coke,
to be made from any or all of the substances, or a combina-
tion thereof, from which inflammable gas can be obtained,
and to be used for the purpose of lighting the town of East
St, Louis and the territory between its boundary and the
Mississippi river, in St. Clair county, Blinois, or the streets,
alleys, levees, embankments, depots, stations, manufactories,
public places, or houses therein, and to erect all necessary
works and apparatuses, and to lay pipes for the purpose of
conducting the gas in any of the streets, avenues, alleys,
embankments, levees, or public places within said limits :
rrovise. Provided, that no payment [permanent] injury be thereby
done to said streets, alleys, embankments, levees, or public
places.
p.eai estate. § 3. The said company may acquire, by purchase or
condemnation, agreeably to the laws cf this state, the act
approved June 22, 1852, and all amendments thereto, such
real estate as shall by them be required for their said busi-
ness, however, not exceeding one hundred thousand dollars
in value.
capital stock. § *• The capital stock of said company shall not exceed
three hundred thousand dollars in value, to be subscribed
GAS LIGHT COMPANIES. 585
for and paid in such proportions as shall be prescribed by
the by-laws and rules for regulating the concerns of said
company, as they shall think proper and necessary, respect-
ing the management and disposition of the stock and pro-
perty and estate of said company, the duties of the artificers
and agents to be employed, the number and election of direc-
tors, and all such matters as appertain to the concerns of
said company. Said company shall have the exclusive privi-
lege of supplying the said town of East St. Louis, and said
additional territory and the inhabitants thereof, with gas, for
the purpose of affording light, for thirty years : Provided, proviso,
the rate of their charges, for gas furnished, shall not exceed
the rate charged for gas by the Belleville Gas Light and
Coke Company, and ten per cent, in addition to said cash
rate.
§ 5. The town of East St. Louis, by its corporate authori- East st. Lonis
ties, shall have the right to subscribe, take and hold stock in may teke $5(m
the company hereby created to the amount of five thousand
dollars : Provided, said authorities, upon application to that proviso
effect by the said company, shall not, by resolution or other-
wise, decline or refuse to accept and execute said privilege.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to amend the act incorporating the Jacksonville Gas Light and Coke in force Feb. 13,
Company. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That so much
of the act incorporating the Jacksonville Gas Light and Part °' act re-
Coke Company, approved ob the fourteenth day of Febru- pealed*
ary, eighteen hundred and fifty-five, as provides that the
cost of lighting the town shall not increase the usual prices
charged in Chicago or Springfield, be and the same is here-
by repealed, and that this act shall take effect on its passage.
Approved February 13, 1865,
AN ACT to incorporate the Lincoln Gas Light and Coke Company in force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That "Wilford
D. Wyatt, Ambrose M. Miller, Abram Mayfield, Nichode- corporators,
mus Travis, Nathaniel Pegram. Lewis Rosenthal, and John
—45
586 GAS LIGHT COMPANIES.
Wyatt, be and they are hereby created a body corporate
and politic, with perpetual succession, by the name and style
Name and style, of the "Lincoln Gas Light and Coke Company," and by that
Powers. name they and their successors shall be capable, in law, of
contracting and being contracted with, suing and being
sued, defending and being defended, in all courts and places,
and in all matters whatsoever, with full power to acquire,
hold, occupy and enjoy all such real and personal estate as
may be necessary and proper for the construction, extension
and usefulness of said company, and for the management
seal. and good government of the same ; and they may have a
common sealj and the same may alter, break and renew at
pleasure.
Make and sen gas § 2. The corporation hereby created shall have full
power and authority to manufacture and sell gas, to be made
from any or all of the substances, or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the town of Lincoln, or city
of Lincoln, if said town should be incorporated into a city,
with all the additions or enlargements thereof, or the streets
and avenues thereof, and any buildings, mills, manufacto-
ries, colleges, academies, churches and public places or
houses therein contained, and to erect all necessary works
and apparatus, and to lay pipes for the purpose of conduct-
ing the gas in any of the streets of said town, or city, or
any of the avenues of the same : Provided, that no perma-
nent injury or damage shall be done to any street, lane or
highway of said town, or city. The real estate which this
corporation is entitled to hold shall not exceed in value
seven ty-tive thousand dollars.
capital stock. § 3. The capital stock of said company shall not exceed
three hundred thousand dollars, to be divided into shares of
fifty dollars, to be subscribed and paid for in such proportions
as shall be prescribed by the by-laws and rules for regula-
ting the concerns of said company, as they shall think pro-
per and necessary respecting the management and disposition
of the stock, property and estate of said company, the du-
ties of the officers, artificers and agents to be employed, the
number and selection of directors, and all such matters as
appertain to the concerns of said company. Said company
shall have the exclusive right and privilege of supplying the
town and city of Lincoln and its inhabitants with gas, for
the purpose of affording light, for twenty-five years.
§ 4. This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Appkoved February 10, 1865.
GAS LIGHT COMPANIES. 587
AN ACT to incorporate the Morris Coal, Gas Lid t and Oil Company. In force Feb. 10,
y 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
Turner, Colynlmme Grant, George T\r. Lane and George F. Name and style.
Brown, and their associates, successors, heirs and assigns,
be and they are hereby created a body politic and corporate,
with perpetual succession, by the name and style of the
" Morris Coal, Gas Light and Oil Company," and by that
name they and their successors shall be capable in law of Powers
contracting and being contracted with, suing and being sued,
defending and being defended, in all courts and places, and
in all matters whatsoever, with full power to acquire, hold,
occupy, lease, buy, sell and enjoy all such real and personal
estate as may be necessary for the transaction of the business
of said company, and they may have a common seal, and Seal,
the same alter and renew at pleasure.
§ 2. The corporation hereby created shall have full power Mine coai.
and authority to raise, mine, purchase and sell coal, manu-
facture and sell gas, to be used for the purpose of lighting
the town and city of Morris, and any buildings, streets and
public places therein, and for that purpose to erect all neces-
sary works, buildings and apparatus, and for the purpose of
conducting the gas, to lay pipes in any or all of the streets, »
avenues, alleys and public places of said city, with or with-
out the consent of the corporate authorities of said city or
town : Provided, that no permanent injury or damage shall
be done to any of said avenues or alleys of said city. The
corporation hereby created may, at such place or places as
they may select, dig, bore, excavate and experiment for
petroleum, coal or rock oil, purchase, sell and transport
such oil and carry on and conduct the cooperage business.
§ 3. The corporation hereby created shall, when organ- By-iaws.
ized, be under the direction of not less than three nor more
than twelve directors, all of whom shall be stockholders in
said company, and one of whom shall be elected president
of the board ; the said directors shall prescribe by-laws and
rules for' the management of the concerns of said company,
the sale, control and disposition of the stock, property, estate
and business of the company, the duties of officers, artificers
and agents to be employed, the number and the election of
officers, and all such other matters as appertain to the con-
cerns of the company.
§ 4. The capital stock of said company shall not exceed capital stock.
five hundred thousand dollars, to be subscribed for and paid
in at such times as shall be prescribed by the by-laws adopted
by the directors. The said corporation may organize by ^ien k> organ-
the election of its directors and officers, when twenty five
thousand dollars of the stock of the same is subscribed for
and fifteen per cent, thereof paid in : Provided, that if said Proviso.
588 GAS LIGHT COMPANIES.
corporation shall not so organize within one year from the
passage of this act. the same shall be null and void.
§ 5. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 16, 1865.
In force Aprill7, AN ACT to incorporate the Mound Citv Gas Light and Coke Company.
1865. r
Section 1. Be it enacted by the Peoj)le of the State of
Illinois, represented in the General Assembly, That N. 11.
Casey, M. L. Hambleton and S. P. Wheeler, and their
associates, be and they are hereby created a body politic
Name and style, and corporate, with perpetual succession, by the name and
style of the "Mound City Gas Light and Coke Company;"
Powers. and by that name they and their successors shall be capable
in law of contracting and being contracted with, suing and
being sued, defending and being defended, in all courts and
places, and in all matters whatsoever, with full power to
acquire, hold, occupy and enjoy all such real and personal
estate as may be necessary and proper for the construction,
extension and usefulness of the works of said company and
for the management and good government of the same, and
seat they may have a common seal, and the same alter, break
and renew at pleasure.
Make and sen gas § 2. That the corporation hereby created shall have full
power and authority to manufacture and sell gas, to be made
from any or all of the substances or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the city of Mound City, or the
streets thereof, and any buildings, manufactories, public
places, grounds or houses therein contained, and to erect all
necessary works and apparatus, and to lay pipes for the
purpose of conducting the gas in any of the streets, avenues,
Proviso. alleys, courts and public grounds of said city : Provided, no
permanent injury or damage shall be done to any street,
avenue, alley, court or public grounds of said city.
§ 3. The capitol stock of said company shall not exceed
one hundred and fifty thousand dollars, represented by
shares of one hundred dollars each, to be subscribed for|and
paid in such proportions as shall be prescribed by the by-
laws and rules for regulating the concerns of said company
as they shall deem proper and necessary respecting the
management thereof, and the disposition of the stock, pro-
perty and estate of said company, the duty of the officers
and agents to be employed, the number and election of
directors, and all matters that appertain to the concerns of
capital stock, said company; said company shall have [the] privilege of sup-
GAS LIGiiT COMPANIES. 589
plying the city of Mound City and its inhabitants with gas,
tor the purpose of affording light, and may open books for subscription to
receiving subscriptions to the capital stock of said company
at any time after giving ten days' notice.
Approved February 15, 18G5.
AX ACT to amend an act entitled "An act to incorporate the People's Gas In force Feb. 7,
Light and Coke Company," approved February 12, 1855. 1S65-
Seotion 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the sec-
ond section of said act be and' the same is hereby so amended sec. i amended,
as to read as follows, viz : The corporation hereby created
shall have full power and authority forthwith to proceed to
the erection and maintenance of the necessary works for the
manufacture of gas and coke within said city of Chicago,
and to manufacture, supply and sell gas, to be made from
any and all substances or a combination thereof, from which
infta nmiable gas is usually obtained, and to be used for the
purpose of lighting the city of Chicago, any streets, build-
ings, manufactories, public places or houses therein con-
tained, and to erect and use all necessary works and appara-
tus for such purposes aforesaid, and with the consent of the
common council of said city, to lay down and use all neces-
sary pipes for the conducting of gas in and along any of the
streets, alleys, avenues or public squares of said city : Pro-
vided, that no permanent injury or damage shall be done to
any such street, alley, avenue or public square by the laying
down of any such pipes.
§ 2. That section three of the said act be and the same sec. s amended.
is hereby so amended as to read as follows, viz : The capital capital stock.
stock of said company shall be five hundred thousand dol-
lars, and may be increased from time to time, at the pleas-
ure of said corporation ; it may be divided into such shares,
subscribed for, paid and transferred in such proportions and
manner as shall be prescribed by the by-laws and regulations
of said company.
§ 3. All the corporate powers of said corporation shall p°ewstea; h07r
be vested in and exercised by a board of directors, and such
officers and agents as said board shall appoint. The board
of directors shall consist of not less than three nor more
than five stockholders, who shall be chosen by the stock-
holders at such time and in such manner as the said corpo-
ration shall by its by-laws prescribe, and shall hold their
office until their successors are elected and qualified, and
may fill any vacancies which may happen in the board of
directors by death, resignation or otherwise; they may
590
HEALTH REGULATIONS IN CHICAGO.
By-laws. adopt such by-laws, rules and regulations for the govern-
ment of said corporation and the management of its affairs
and business as they may think proper, not inconsistent
sec. 4 repealed, with the laws of this state, and the fourth section of said
act is hereby repealed ; but ten years after the passage of
this act the common council of the city of Chicago may, by
resolution or ordinance, regulate the prices charged by said
company for gas ; but said common council of the city of
Chicago, shall, in no case, be authorized to compel the said
company to furnish gas at a less rate than three dollars per
thousand feet.
Borrow money. g 4. The said corporation is hereby authorized to borrow
money and to mortgage or lease any of its property or fran-
chises.
§•5. This act, shall be deemed a public act, and noticed
as such by all courts without pleading, and take effect from
and after its passage.
Approved February 7, 1865.
liemoval of ani
raals.
in force Feb. 16, AX ACT to provide sanitary measures and health regulations for the city
18ij5- of Chic.igo, and to provide for the appointment of a health oflieer for the
city of Chicago.
Section 1. Be it enacted by the People of the State of
11 inois, represented in the General Assembly, That it shall
be the duty of all person or persons, corporation or corpo-
rations, having the ownership, possession or control of dead,
undressed, unslaughtered hogs, cattle or other animals, or
animal matter within the city of Chicago, or within four
miles of the limits of said city, to remove the same within
twenty-four hours of their arrival within the above de-
scribed locality, to some point not only out of the city of
Chicago, but beyond the distance of four miles from the
limits of said city; and in case the person or persons having
ownership, control or possession of such dead animals shall
fail so to remove them within the time specified, it shall be
the duty of the health officer of Chicago to take immediate
possession of and remove the same.
§ 2. No person or persons, corporation or corporations,
shall render or try out any dead undressed hogs, cattle or
other animals, or any decayed, putrid or unsound animal
matter, either in the city of Chicago or within four miles of
the limits of the same, nor shall it be lawful for the common
council of the city of Chicago, or any other board or body
to license, authorize or permit establishments for the above
described business within the limits aforesaid.
§ 3. No person or persons, corporation or corporations,
shall render or manufacture any lard, tallow, or soap grease
Rendering
animals.
(load
Tallow and lard.
HEALTH REGULATIONS IN CHICAGO. 591
within the limits of the city of Chicago, without adopting
such measures, in the way of condensers and other ma-
chinery, to the end of pre^ enting unwholesome and disa-
greeable odors, as the health officer of the city of Chicago
may direct.
§ 4. The owner, agent or occupant having the charge of Drains.
any tenement used as a dwelling or for lodging purposes,
within the city of Chicago, shall furnish the same with a
sufficient drain under ground to carry off waste water, and
also with a suitable privy sufficient for the accommodation
of all who may use it, nor shall the contents of any vaults
be allowed to accumulate within twelve inches of the even
surface of the ground, or otherwise become offensive.
§ 5. It shall be the duty of the board of police commis- Health officer,
sioners of the city of Chicago to appoint some person who
shall be known as health officer of the city of Chicago, and
whose duty it shall be to see that all ordinances and laws
affecting the health of the city are enforced, and who shall
be liable to be removed from office by a majority of said
board, and who shall be paid, out of the police fund, such
salary as the said board may direct ; and it shall be the duty
of the police commissioners at all times to detail a sufficient
police force to enable the said health officer to enforce the
provisions of this act as well as all health ordinances of the
city of Chicago. It shall be the duty of the common coun-
cil of Chicago to provide sufficient funds to enforce the
provisions of this act.
§ 6. Any person or corporation violating the provisions Fines,
of the first section of this act shall be liable to a fine of one
hundred dollars for each offense.
§ 7. Any person or persons neglecting to comply with
the provisions of section four of this act, shall be liable to a
fine of twenty-five dollars for failing to comply with the
same within a reasonable time, (not to exceed thirty days,)
after notice from the health officer of the city of Chicago,
and a fine of five dollars for every day's neglect and failure
thereafter to comply with the provisions of said section
four.
§ 8. Any person or persons, corporation or corporations,
neglecting or refusing to comply with the provisions of sec-
tion three of this act, within a reasonable time, (not to ex-
ceed thirty days,) after being notified by the health officer
of the city of Chicago to comply with the same, shall be
liable to a fine of one hundred dollars, and fifty dollars per
day for every day thereafter, that he or they shall so refuse
or neglect to comply with the provisions of said section
third.
§ 9. The penalties provided for in this act shall be re- Actions for fines.
covered in an action of debt to be brought in the name of
the people of the State of Illinois against the party offend-
ing in any justice's court or court of record in the county of
592
HEALTH REGULATIONS IN CHICAGO.
State's attorney's
duty.
Fees
Fines.
Cook. One half of the penalty or penalties shall go to the
informer, who may institute and prosecute such action,
and the other half of such penalty shall go to the city of
Chicago.
§ 10. It shall he the duty of the state's attorney for the
county of Cook to institute and prosecute actions for all of-
fenses under this act, which shall come or be brought to his
knowledge, and when so instituted and prosecuted by him,
he shall be entitled to one-half of such penalty as his fees,
the other half going to the city of Chicago
§ 11. Any person or persons violating the second sec-
tion of this act shall be liable to a fine of not less than one
hundred dollars per day, for every day they shall continue
in violation of the same, and it shall be the duty of the
health officer of said city of Chicago to at once enter upon
and take possession of the premises and fixtures of said per-
son so violating, and where said prohibited business is being
conducted, and immediately thereafter file with the state's
attorney for Cook county a sworn statement or complaint,
setting forth the facts of such seizure, and describing the
premises seized, together with the name or names of the
suits. owner or owners thereof, and thereupon the state's attorney
shall at once file an information in any court of record for
the city of Chicago or county , of Cook in the name of the
people of Illinois, and against the person or persons owning
said establishment; and said information shall be tried and
determined in the court where the same has been filed,
with all convenient speed, giving the same precedence of all
but criminal business in said court ; and if the person or
persons so charged in said information shall be adjudged
guilty, then in addition to the fine herein provided for, the
costs shall be taxed against the defendant or defendants in
said information, and the court shall issue a writ of injunc-
tion perpetually enjoining said establishment and the owner
or owners thereof, from renewing or continuing the said
prohibited business. And it shall be the duty of the state's
attorney to file an information against any person or per-
sons owning or running any such establishment ; upon
the sworn complaint of any three citizens and freeholders of
Chicago, and immediately upon the filing of the same, the
court where the same may "be filed shall issue process di-
rected to the health officer of Chicago, or to the sheriff of
Cook county, authorizing and requiring them or either of
them to enter upon and seize the premises and fixtures
where such business is being done, and retain possession of
the same until a trial upon said information shall be had as
Tion.°f injunc" in this act before provided; and if the parties so charged
shall be adjudged to be guilty, a writ of injunction shall
issue from said court, perpetually enjoining said parties
from renewing or continuing said business ; but if adjudged
HEALTH KEGTTLATIONS IN CHICAGO. 593
not guilty, the premises and fixtures shall be restored to
the owner or owners thereof.
§ 12. If any person or persons, corporation or corpora- Hearing of case,
tions, shall be engaged in rendering any dead animals or
grease of any description whatever, or in the manufacture,
preparation or storage of any offal, blood, or any other ani-
mal matter, or in the slaughtering or feeding of any ani-
mals, or in any other business tending to produce noxious
or unwholesome matter within the city of Chicago, or within
four miles of the limits thereof, in such a manner as to cre-
ate unwholesome or offensive odors, it shall be the duty of
the state's attorney for Cook county, upon a complaint in
writing and under oath, filed with him, made by the health
officer of said city, and whose duty it shall be, having
knowledge of the fact, to make such complaint, or upon like
complaint made by any three residents and freeholders of
Chicago, said complaint to set forth the fact of the carrying
on of a business producing unwholesome, noxious or offen-
sive odors, together with a description of the premises
where the same is conducted, and the name or names, if the
same can be ascertained, of the person or persons conduct-
ing such business, to file an information in the name of the
people of Illinois, in any court of record in and for the city
of Chicago or county of Cook, against said establishment
or the persons carrying on the same, and immediately upon
the filing of such information, process shall issue from the
court where such information shall be filed, directed to the
health officer of the city of Chicago, or to the sheriff of
Cook county, authorizing and requiring them or either of
them, to take possession of the premises and fixtures where
such business is being conducted, and retain possession of
the same until a trial of said information shall be had, and
to summon the person or parties in said information named
to appear and answer the same forthwith. And it shall be
the duty of the court in which such information may be
filed, to proceed to the hearing of said information as soon as
may be, giving the same precedence of all other causes ex-
cept criminal business; and if upon the hearing of said cause
the person or persons against whom said information shall
be filed shall be found guilty as in said information charged,
they shall be adjudged to pay the costs and a fine of not costs and &*«,
less than one hundred dollars, nor more than five hundred
dollars, and the court shall issue a writ of injunction perpet-
ually enjoining him or them from continuing such business,
in any offensive or injurious manner. In case the parties
so charged shall not be found guilty, the property seized
shall be at once restored to them. If in any case prosecuted
under the eleventh and twelfth sections of this act, there
existed probable cause for the complaint or seizure, it shall
be the duty of the court to so certify, and no action shall
then live against the party or parties making such com-
594 HEDGING AND FENCING.
plaint or seizure, and in that case the costs shall be paid by
the city,
ordinances now § 13. All ordinances heretofore passed by the common
council of said city and now in force in relation to the abate-
ment of nuisances, shall continue in full force and effect
until altered, amended, or repealed by the said common
council, except so far as the provisions thereof may be in-
consistent with the provisions of this act; and it shall be
the duty of the common council to pass from time to time
all such additional ordinances and regulations as may be
found necessary or expedient for the carrying out of the
objects of this act.
§ 14. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, 1865.
[q force Feb. 15, AN ACT to incorporate the Apple Creek and Illinois River Hedging and
1S65- Fencing Company of Greene county, Illinois.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Hiram
Keach of Greene county, and such other person or persons
as he may associate with him, his or their successors and as-
signs, are hereby created a body corporate and politic, by
Name and style, the name and style of the "Apple Creek and Illinois River
Hedging and Fencing Company," with perpetual succes-
jpowers. si on, having power to sue and be sued, plead and be im-
pleaded, in all courts, either in law or equity, in this state ;
to use a corporate seal, issue stocks, bonds, promissory
notes, and other securities and evidences of indebtedness,
•capital stock. and to receive and negotiate the same* to have a capital
stock not to exceed one hundred thousand dollars, and do
all things necessary for the purposes of said corporation.
May hedge and g 2. That the said corporation shall have power to go
upon, take possession of and inclose, either by hedges,
pickets, ditches, embankments or otherwise, and to drain,
dam up, or otherwise improve, according to the judgment
of said company, all the lands embraced in the following
Limits. limits, or any part thereof, to wit: Beginning on the south
side of Apple creek in said Greene county, where the north
and south half mile line dividing the south half of section
28, town 11 north, range 13 west, crosses said stream, or at
such other point lower down said stream as said company
may select, thence south on said line to the southeast corner
of the southwest quarter of said section 28, thence west on
the said section lines on the Newport and Carrollton road,
or bearing north, as the said company may deem best, to the
HEDGING- AND FENCING. 595
mouth of said Apple creek, or to the Illinois river at New-
port. Said hedge fence or ditching to be made so as to ef-
fectually exclude stock from the lands south of said stream,
and north of said line of inclosure, from the beginning to its
mouth, or such part thereof as may be by this act inclosed,
but so as not to obstruct said public road, nor the navigation
of said stream.
§ 3. That said company may open books for subscription Books of sub-
to the capital stock of said corporation, at any points in scllptl0L
Greene county or elsewhere in this state, with or without
published notice, as the board may deem proper, at any
time on and after the first day of March, 1865, and may be-
gin the construction of said work on that day, or at any
time thereafter, and complete the same as rapidly as prac-
ticable ; and when completed and inclofed, as in the second
section of this act provided, the said company, together with
such others as may own or purchase lands within said boun-
dary, on paying a ratable proportion of the expenses, shall
have the sole and exclusive right and control of, in and to
the said lands therein, and shall have the right to protect
and defend the same by any and all actions, suits and reme-
dies, by the laws of this state, provided for the protection of
private lands, fences and inclosures, and may recover for
trespass and damage done the same, together with the tim-
ber, grasses and other appurtenances, the same penalties as
are recoverable for similar offences against like property of
natural persons by the laws of this state.
§ 4. That said company shall be authorized to purchase, now lands.
hold and inclose all lands and banks on the north side of
said Apple creek, or on the east bank of the Illinois river
that may be necessary to the reclamation and improvement
of said bottom, and shall have the power to own, use and
employ all personal property, machinery and implements
necessary for said objects.
§ 5. That said company, in case they should deem it advi- Part ™ay be in-
sable to inclose the whole of said territory at once, may
commence at any point within the above boundary, and in-
close and improve such part or fraction of the same as they
may think fit, and the provisions of this act shall fully apply
to such part or fraction of said work, the same as if strictly
completed to the full extent of this act.
§ 6. That at the first meeting of the shareholders in said officers chosen.
company, which may be held so soon as twenty-five thou-
sand dollars have been subscribed, a president and board of
directors may be chosen, who shall make all rules necessary
tor the said compan}T, shall fix the number of shares and
amounts, shall call meetings and adjourn the same, elect a
secretary and other officers, and do all things necessary to
carrying out the objects of the company.
§ 7. That for the purpose of aiding said company in re- APPie creek de-
claiming said lands, said Apple creek, from its mouth to the bie!e
596
HORTICULTURAL SOCIETY,
point designated as the beginning herein, is hereby de-
clared navigable for all boats and vessels that navigate the
Illinois river, and the navigation and shipping laws, rules
and regulations of this state, or of the United States, and of
the western rivers, now made or hereafter to be made, so
far as applicable, shall likewise apply to and govern naviga-
tion on said Apple creek as aforesaid.
§ 8. This act shall be deemed a public act, and be in force
from and after its passage, and shall be liberally construed in
all courts and places, for the benefit of the objects herein con-
templated.
Approved February 15, 1865.
In force Feb. 16,
1865.
AN ACT to incorporate the Illinois State Horticultural Society.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That S. Wiley
Name and style. Shepherd, O. B. Galusha, S. G. Minkler, G. 'V . Minier, W.
C. Fiagg, J. T. Little, W. H. Yan Epps, Lewis Ellsworth,
Jason C. Ayers, W. A. Pennell, J. F. Fell, W. Durley,
Samuel Edwards, their associates and successors, members of
the Illinois State Horticultural Society, be and | are] hereby
declared to be a body politic and corporate, known by the
name and style of " The Illinois State Horticultural So-
ciety."
object. § 2. The object of the society being to promote the
science of pomology and the art of horticulture, they shall
be allowed for those purposes only to take and hold real
and personal estate to the amount of fifty thousand dollars.
rowers. § 3. This society shall have the right to contract and be
contracted with, to sue and be sued, to plead and be implea-
ded, to answer and be answered unto, in all the courts of
law and equity of this state, and shall further enjoy nil the
privileges incident to incorporations of said character, and
not inconsistent with the laws of this state.
Seal- § 4. It shall and may be lawful for the said corporation
to have aud use a common seal, and the same at their pleas-
ure to change, alter and make anew, and in general have
and exercise all such rights, privileges and immunities as
by law are incident to or necessary to the society herein
constituted.
Bylaws. § 5. The society shall have power to alter or amend
their present constitution, to make, alter or repeal such by-
laws as may be deemed necessary for carrying out the
objects of the society.
§ 6. This act shall be in force from and after its passage.
Approved February 16, 1865.
HOUSE RAILKOADS. 597
AN ACT concerning horse railways in the city of Chicago. In force Feb. 6,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the first
section of an act of said general assembly entitled "An act Acts amended.
to promote the construction of horse railways in the city of
Chicago," approved February 14, 1859, and the first section
of a certain other act of said general assembly entitled "An
act to authorize the extension of horse railways in the city
of Chicago," approved February 21, 1861, be and the same
are hereby so amended as that all the words in said respect-
ive sections after the word "company" therein, respectively,
shall be and read as follows, viz : "For ninety-nine years,
with all the powers and authority hereinafter expressed
or pertaining to corporations for the purposes hereafter
mentioned.
§ 2. That the second section of the act first above refer- Act amended.
red to by its title, and wThich section is included in and made
a part of the act secondly above referred to by the title
thereof, be and the same is hereby as to both of said acts so
amended as to read as follows, viz: "The said corporation
is hereby authorized and empowered to construct, maintain
and operate a single or double track railway, with all neces-
sary and convenient tracks for turn-outs, side tracks and
appendages in the city of Chicago, and in, on, over and
along such street or streets, highway or highways, bridge or
bridges, river or rivers, within the present or future limits
of the south and west divisions of the city of Chicago, as
the common council of said city have authorized said corpo-
rators or any of them, or shall, from time to time, authorize
said corporations, or either of them, so to do, in such man-
ner and upon such terms and conditions, and with such
rights and privileges, immunities and exemptions, as the
said common council has or may by contract with said par-
ties, or any or either of them prescribe, and any and all acts
or deeds of transfer of rights, privileges or franchises
between the corporations in said several acts named, or any
two of them, and all contracts, stipulations, licenses and
undertakings made, entered into or given, and as made or
amended by and between the said common council, and any
one or more of the said corporations respecting the location,
use or exclusion of railways in or upon the streets, or any
of them of said city shall be deemed and held and continued
in force during the life hereof, as valid and effectual, to all
intents and purposes, as if made a part, and the same are
hereby made a part of said several acts : Provided, that it Proviso,
shall be competent for the said common council, with the
written consent or concurrence of the other party or parties,
or their assigns, to any of said contracts, stipulations, licen-
ses or undertakings, to amend, modify or annul the same ;
but said corporations shall not, or any or either of them, be
598 HORSE RAILROADS.
liable for the loss of any property or thing, carried on said
railways, kept in and under the care of its owner, his ser-
Proviso -j. vant or agent : Provided, that any contract hereafter made
by the common council of the city of Chicago, with cither
of the corporations referred to in this act, for a higher rate
of fare than live cents, shall be subject to modification or
repeal, at any regular meeting of said common council by a
majority vote of all the aldermen elected, or by the general
assembly of the state of Illinois.
ordinance con- § 3. An ordinance of the common council of the city of
Chicago entitled "An ordinance concerning the maintenance
and operation of the Chicago and Evanston railroad, in the
limits of the city of .Chicago," as passed on the 17th day of
August, a. d. 1864, is hereby confirmed, and shall be deemed
and held to confer on the Chicago and Evanston Railroad
Company power and authority to construct and operate
their road in the streets and over the bridge mentioned
therein, until the same is altered, changed or amended by
the common council, with the consent of said company ;
and such ordinance may, from time to time, be changed,
altered or amended, and such other provisions be made as
to the common council may seem proper and be agreed to
Prohibition in by said compan}r. The prohibition as to the use of certain
streets in the second section of the charter of the Chicago
and Evanston Railroad Company, is hereby re-enacted, and
shall remain in force until altered, released or amended by
the common council of the city of Chicago and said com-
pany.
May hold and § 4. Each of said corporations shall be authorized to
CertVey pi°" purchase, hold and convey real or personal estate, necessary
for the use of such corporation, and to manufacture materi-
als, machinery and rolling stock for the use of such corpo-
ration.
§ 5. This act shall be deemed a public act, and noticed
by all courts as such without pleading, and shall take effect
from its passage.
This bill having been returned by the governor with objections thereto, and
after reconsideration having passed both houses by a constitutional majority,
it has become a law this sixth day of February, a. d. 1SG5.
In force Feb. lo, AN ACT to incorporate the Monticello and Bemcnt Horse Railway Company.
lhf-n.
Section 1. Be it enacted by the People of the State of
Blinois, represe?ited in the General Assembly, That William
II. Piatt, William Motherspaw, and Alexander G. Boyer,
and their successors, be and they are hereby created a body
Name and style, politic and corporate, by the name of the "Monticello and
HORSE RAILROADS. 599
Bement Railway Company," for the term of fifty years,
with all the powers and authority incident to corporations,
for the purposes hereinafter mentioned.
§ 2. The said corporation is hereby authorized and Powers,
empowered to construct, maintain and operate a single or
double track railway, with all the necessary and convenient
tracks for turn-outs, side tracks and appendages, in the towns
of Monticello and Bement, in the county of Piatt, Illinois,
and in, on, over and along such street or streets, highway or
highways, between said towns, as may be necessary for the
construction, operation and maintenance of said road.
§ 3. The capital stock of said corporation shall be ten capital stock.
thousand dollars, and may be increased from time to time,
as the same may become necessary, and at the pleasure of
said corporation. It shall be divided into shares of one
hundred dollars each, and be issued and transferred in such
manner and upon such conditions as the board of directors
of said corporation may direct.
§ 4. All the corporate powers of said corporation shall Board of direct
be vested in and exercised by a board of directors and such 01S'
officers and agent's as said board of directors shall appoint.
The first board of directors shall consist of William H. First board.
Piatt, William Motherspaw and Alexander G. Boyer, and
thereafter of not less than three nor more than five stock-
holders, who shall be chosen each and every year, by the
stockholders, at such time and in such manner as the said
corporation shall, by its laws prescribe. The said directors Term of officers,
shall hold their offices until their successors are elected and
qualified, and may fill any vacancies which may happen in
the board of directors by death, resignation or otherwise ;
they may also adopt such by-laws, rules and regulations for By-iaws.
the government ot said corporation and the management of
its affairs and business as they may think proper, not incon-
sistent with the provisions of this act, or the laws of this
state.
§ 5. To enable said corporation to construct said railway where private
with all the necessary appendages, it is hereby vested with kenPe'ty
power to take and apply private property for the purpose
and in the manner prescribed by an act entitled " An act to
amend the law condemning right of way for purposes of
internal improvement, approved June' 22, 1852, and the
several acts amendatory thereof, and may exercise all the rowers.
powers conferred upon railroad corporations by the 25 and
26 sections of "An act to provide for a general system of rail-
road incorporations," approved November 5, 1849, as contain-
ing and making recompense for all damages sustained,
agreeable to the provisions of the act hereinbefore first
recited.
§ 6. The said corporation is hereby authorized to lay Track of roads.
down and maintain its said railway in, upon, over and along
any street or streets in said towns, and in, upon, over and
600 HORSE RAILROADS.
along any common highway between said towns, but in
such manner as not to obstruct the common travel of the
public over the same. In all cases where vehicles shall
meet the cars or carriages of said railway, either in said
towns or between the same, said vehicles shall give way to
the cars or carriages on said railway.
§ 7. Said corporation may take, hold, mortgage and con-
vey real estate for the purposes contemplated by this act.
§ 8. This act shall be deemed a public act, and noticed
by all courts as such without pleading, and shall take effect
and be in force from and after its passage.
Approved February 15, 1865.
In force April IS, AN ACT to promote the construction of Horse Railways in the city of
1805. Peoria.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John T.
Lindsay, Alexander McCoy, Jacob Darst, George H. Ket-
telle, Charles Raymond, Isaac Underbill and John C. Fol-
liot, and their successors, be and they are created a body
Name and style, corporate and politic, by the name of the " Peoria Horse
Term. Railway Company," for the term of twenty-five years, with
all the powers and authority incident to corporations for the
purposes hereinafter mentioned.
Powers. § 2. The said corporation is hereby authorized and
empowered to construct, maintain and operate a single or
double track railway, with all necessary and convenient
tracks for turn-outs, side tracks and appendages in the city
of Peoria, and in, on, over and along such street or streets,
highway or highways within the present or future limits of
the city of Peoria, as the common council of said city have
authorized said corporators, or any of them, or shall here-
after authorize said corporation so to do, in such manner and
upon such terms and conditions, and with such rights and
privileges as the said common council has or may by con-
tract with said company hereafter prescribe.
stock § 3. The capital stock of said corporation shall be one
hundred thousand dollars, and may be increased from time
to time, at the pleasure of said corporation. The capital
stock shall be divided into shares of one hundred dollars
each, and be issued and transferred in such manner and
upon such conditions as the board of directors of said cor-
poration may direct.
Board of dhect- § 4. All the corporate powers of said corporation shall
be vested in and exercised by a board of directors and such
officers and agents as said board shall appoint. The first
board of directors shall consist of said John T. Lindsay,
ors.
HORSE RAILROADS, 601
Alexander McCoy, Jacob Darst, George H. Kettelle, Isaac
Underbill, Charles Raymond and John C. Folliott, and
thereafter of not less than three nor more than seven stock-
holders, who shall be chosen each and every year by the Annual election
stockholders, at such time and in the same manner as said
corporation shall, by its laws prescribe. The said directors
shall hold their offices until their successors are elected and
qualified, and may fill any vacancies which may happen in
the board of directors, either by death, resignation or other-
wise ; they may also adopt such by-laws, rules and regula- By-iaws.
fcions for the government of said corporation and the man-
agement of its affairs and business as they may think proper,
not inconsistent with the laws of this state.
§ 5. The said corporation is authorized and empowered Borrow money,
to borrow, from time to time, such sums of money as in their
opinion may be deemed necessary to aid the construction
of said railway and pay any interest therefor, not exceeding
ten per cent.., and to pledge and mortgage the said railway
and its appendages, or any part thereof, or any other pro-
perty or effects, rights or credits or appendages of said com-
pany, as security for any loan of money and interest thereon,
and to dispose of the bonds issued for such loan at such rate,
or on such terms as the board of directors may determine.
§ 6. Said company may organize whenever ten thousand ^P*™ l° organ-
dollars shall have been subscribed to its capital stock and
five per cent, thereof paid in, and three of the persons men-
tioned in the first section of this act shall be commissioners
to open books for the purpose of receiving subscriptions to
the capital stock of said company.
Approved February 16, 1865.
AN ACT to incorporate the Quincy Horse Railway and Carrying Company. In force Feb. 16,
1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
A. Savage, James M. Pitman, Onias C. Skinner, Isaac 0. Name and sty ie.
Woodruff and Hiram S. Byington, of the city of Quincy,
and their associates, successors, heirs and assigns, are here-
by created a body politic and corporate, by the name and
style of the " Quincy Horse Railway and Carrying Com-
pany." _ _
§ 2. A majority of said persons named in section one of capital stock.
this act, or their respective heirs, successors and assigns,
may open books for subscription to the capital stock of said
company, which shall be fifty thousand dollars, in shares of
one hundred dollars each; and said capital stock may be in-
creased, from time to time, as the exigencies of said com-
-46
602
HOTEL COMPANIES.
^lr.c'.Ion of
rectors.
Term.
pany ma}7 require. Upon subscription being made to said
capital stock of twenty thousand dollars, and five per cent-
um thereof paid in, a majority of said named persons may,
or their respective successors, heirs and assigns, may call a
meeting of the stockholders of said company for the election
<h- of five directors of said company ; such directors shall hold
their offices for one year and until their successors are elect-
ed, and they may appoint a president and other needful offi-
cers for said company, who shall hold their offices for like
term, unless sooner removed.
§ 3. Upon such organization, said company may and
shall have the exclusive right and privilege to establish and
operate upon and over the streets of the city of Quincy,
railways for carrying persons and things, for the term of
fifty years from the passage of this act, with all convenient
appendages thereto. Said company shall have power and
may exercise such powers as are or may be necessary for
the purposes contemplated by this act, not repugnant to the
laws of the United States or this state, provided said com-
pany shall commence laying such tracks within five years
from the passage hereof.
Right of citj. § 4. i1]^ city council of said city may regulate the man-
ner and places of laying railway tracks by said company,
and may prohibit, by ordinance, said company from laying
its tracks at such places as may be deemed injurious to the
public.
Ratee of fas-e. g 5. This act and all powers and right derived there-
from, shall forever be and remain subject to all future gen-
eral legislation of this state upon the subject of rates of fare
for passengers and freight.
§ 6. This act shall be deemed and taken to be a public
act, and take effect and be in force from and after its pas-
sage.
Appeoved February 11, 1865.
In force Feb. 16, AN ACT to further amend an act entitled "An act to incorporate the Brighton)
1865- Hotel and Stock-yard Company," approved February, 14, 1857.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the com-
PurtMr power*, pany mentioned in the title of this act, and in the amenda-
tory act, to change the name of said company and for other
purposes, approved February 22, 1861, may purchase,
lease, farm, mine, bore, quarry, build upon and hold, or dis-
pose of real estate, situate in the county of Cook, or any
personal estate, choses or things in action, necessary to
transact the business authorized by the act to which
HOTEL COMPANIES. 603
this is an amendment, and by this act, and carry on
any manufacturing business on such of its property as said
company may deem advantageous for its interest: Provided, Proviso.
that the real estate so held at any one time shall not exceed
the quantity specified in the act to which this is an amend-
ment : Provided, further, however, that it shall be lawful for Proviso 2.
said company, in addition, to purchase real estate at any
sale made by virtue of any debt due to, or mortgage or deed
of trust made to or held by said company, or at. any sale
under execution or decree in its favor ; and, also, to receive
and take in satisfaction of any such debt, mortgage or deed
of trust, any real estate, and the same to hold or dispose of
at pleasure : and the capital stock of said "Brighton Compa- capital stock.
ny" may be increased, in the discretion of the board of di
rectors, but shall not exceed the sum of five hundred thou-
sand dollars, [nor the] value of the assets of the company at
any time ; and the said "Brighton Company," in carrying
out any of its plans, purposes and improvements, is author-
ized, from time to time, to borrow money and pledge and Borrow money,
mortgage an}7 or all of its assets and effects, in the manner
provided in section five, (5,) of the original act of incorpo-
ration, and may do so by issuing coupon bonds, certificates,
notes, bills, or other evidence of indebtedness, not intended
to circulate as money, securing the same by deed of trust
or otherwise. The principal and interest, or either, of any
sum so borrowed, may be payable at any point within this
state, or elsewhere, as the said company may elect and des-
ignate in any obligation for the payment of money issued
by it.
§ 2. This act shall be deemed a public one, and shall
take effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Chester City Hotel Company. In force Feb. 1*
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented m the General Assembly, That James
M. Balls, John Campbell, James H. Watt, J. Perry John- Body politic,
son, Charles Block, Jos. Beare, Wm. Roberts, J. B.
Holmes, Thomas S. Morrison, F. Buckman, Hugh Nisbet,
H. B. Stollcy, Davis Smith, Alex. Dunn and G. S. Jones
and their associates, are hereby declared and constituted a
body politic and corporate, by the name and style of the
"Chester City Hotel Company," and by that name and style
shall be capable of suing and being sued, pleading and be- General powers,
ing impleaded, answering and being answered unto, in all
604: nOTEL COMPANIES.
geai. courts and places whatsoever; may have a common seal,
and may change and alter the same at pleasure.
§ 2. Said company hereby incorporated shall be capable,
in law, of purchasing, holding and conveying away real and
personal estate for the uses and purposes of said corporation :
proviso. Provided, however, that such real estate shall not exceed
one acre, whereon to erect the hotel, out-houses and necessa-
ry inclosures for carrying on the business of said company,
uniia and keep § 3. The said company hereby created shall have power
hote1, to erect and furnish, in complete order, a hotel in the city
of Chester, Randolph county, and state of Illinois, and are
hereby authorized to carry on the business of hotel keeping,
and to use all powers and privileges necessary for carrying
on said business.
capital stock. § 4. The capital stock of said company shall be thirty
thousand dollars, which may be increased to an amount suf-
ficient to complete the building and furnishing of said hotel,
out-houses and inclosures; which capital shall be divided
into shares of fifty dollars each; and the corporators herein
named, or a majority of them, are hereby authorized to ap-
point three commissioners to receive subscriptions for said
stock, and such subscriptions shall be held at such times and
places as the commissioners, or a majority of them, may ap-
point, by notice published in any newspaper printed and
published in the said city of Chester, at least twenty days
before the time appointed. If the requisite number of
shares shall not be subscribed for at the time and places ap-
pointed for such subscription, said commissioners, or a ma-
jority of them, shall take such measures for completing such
subscription as they may deem expedient and proper.
Every subscriber shall, at the time of subscribing, pay to
said commissioners the sum of one dollar for each share
subscribed, and the remainder at such times and in such
sums as shall be required by said company,
election of ofs- | 5_ as soon as one hundred of the shares shall be sub-
scribed, the said commissioners shall give notice in the
manner aforesaid, and appoint the time and place in said
notice for the subscribers to meet for the purposes of choosing
a treasurer, clerk and five directors ; every stockholder shall
be entitled, at such and all other elections, to one vote for
each share which he may own or represent by proxy. The
said commissioners, or such of them as may attend, shall be
inspectors of such election, and their certificates of the
names of the persons elected shall be conclusive evidence
Annual election, of their election. The first Monday of the month in which
said election is held shall be the annual day for holding all
Quorum. subsequent elections for such officers. A majority of the
directors so chosen shall be a quorum, and shall be capable
of transacting business of the corporation, and any act of the
majority shall be binding on the corporation.
IIOTEL COMPANIES. 605
§ 6. The said directors, when elected as aforesaid, shall By-iaw*.
immediately proceed to elect one of their number president,
and the said president and directors may meet, from time
to time, and shall have power to make and establish all such
by-laws, rules and regulations as shall be necessary, and not
inconsistent with the constitution and laws of this state or
the United States, for the transfer or payment of the stock
or property of said company, and for the direction of the
affairs of said company.
§ 7. Said company shall have power to borrow money Borrow money.
to an amount not exceeding twenty thousand dollars, and to
mortgage all their corporate property, real and personal, for
the security of the payment thereof, and said mortgages,
when signed by the president and secretary, shall be a lien
upon the property of the company.
§ 8. This act shall take effect and be in force from
and after its passage.
Approved February 13, 1865.
AN ACT to incorporate a hotel company in the town of Clinton. in force Feb. 16,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That C. H.
Moore, Thomas Snell, Henry Magill, E. H. Palmer, C. P. iiotei company.
Ford, James Deland, Lawrence TVeldon, John P. Mitchell,
T. K. Edmiston, Christopher Goodbrake, P. R. Crang, L.
D. Hovey, William Clagg, J. J. Ivelley, John Warner, and
all such other persons as have subscribed or may subscribe
for stock, in an association, formed for the purpose of build-
ing a hotel in the town of Clinton, in the county of DeWitt,
and state of Illinois, are hereby constituted and declared a
body politic and corporate, by the name and style of "The
Clinton Hotel Company," and by that name and style may Powers,
contract and be contracted with, sue and be sued, plead and
be impleaded, in all the courts of law and equity, and make
and use a common seal, and alter the same at pleasure ; seal,
may acquire, by purchase or otherwise, and hold such real
and persona' estate as may be necessary, useful and con-
venient to accomplish the objects of said association, and
convey the same. Said association shall have power to
prescribe the number and duty of its officers, and make such •
rules, regulations and by-laws as they may deem proper :
Provided, the same shall not be inconsistent with the laws proviso,
and constitution of this state and of the United States.
§ 2. Said corporation shall have power to erect, build capital stock.
and maintain a hotel in the town of Clinton, DeAYitt county,
Illinois, and the capital stock of said company shall be
f.OO HOTEL COMPANIES.
capital in- twenty-five thousand dollars; said company shall have pow-
er to increase the same to fifty thousand dollars ; which
stock shall be divided into shares of fifty dollars each, and
such shares shall be considered personal property, and may be
transferred in such manner as said corporation shall provide.
The stockholders of said company shall be entitled to one
vote for each share of stock held, respectively, by such
stockholders, in all business meetings of such stockholders.
yrhen to organ- g 3. Whenever fifteen thousand dollars shall be sub-
scribed to the capital stock of said company, said company
may jjroceed to organize, make calls upon its stock, and pro-
ceed to carry out the objects of said association. Said cor-
poration shall have power to lease or rent said hotel, and
shall have the power to fit and use, or lease any portion of
said hotel building for stores, offices, etc., as they may deem
proper.
borrow money. § 4. Said corporation shall have power to borrow money
at such rates of interest, not exceeding ten per cent., per an-
num, as may be agreed upon, and to issue its bunds there-
for, and may convey in pledge, or as security therefor, the
property, real and personal, of said corporation. Said cor-
poration, by iis managers or directors, shall have power to
requir3 payment of the sums subscribed to the capital stock,
at such times and in such proportions as they shall deem fit,
and upon such notice being given of such calls for payment,
as the rules adopted by said corporation may prescribe, and
shares, when a failure to pay the same as required, said corporation shall
have power, either to forfeit the shares of such delinquent
stockholder to the company, or to sell the same upon such
notice as the rules or by-laws of said corporation may pre-
scribe, and the amount received upon such sale shall be ap-
plied, first, on the discharge of whatever may be due from
said stockholder, by reason of such delinquency, and of all
costs of such sale, and the balance, if any, shall be paid over
ProTiso. to such stockholder: Provided, that if the purchaser of such
stock shall be other than said company, he shall be liable
for whatever amount of such stock shall have been uncalled
for at the time of such purchase : And, provided, further,
that the right of forfeiture or of sale above given shall not
prevent said company from suing for and collecting from
such delinquent stockholder the amount due upon such calls,
by action of debt or assumpsit.
§ 5. This act shall be in force from and after its passage.
Approved February 16, 1865.
HOTEL COMPANIES. 607
AN ACT to authorize certain persons therein named to build a hotel in the In force Feb. 1(>,
town of Lane. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Angus
Bain, Charles Reed, John B.. Howlett, and John G-. Price corporators.
and their associates, are hereby authorized and empowered
to form a body politic and corporate, under such name as
they may adopt, for the purpose of purchasing land and
erecting buildings thereon for hotel purposes, in the town
of Lane, in the county of Ogle, by complying with the pro-
visions and requirements of an act to authorize the forma-
tion of corporations for manufacturing, agricultural and me-
chanical purposes, passed February 14, 1849, so far as the
same may be applicable and necessary for the formation of
corporations under said act, and such corporation, so formed,
shall be subject to all the liabilities, restrictions and limita-
tions of said act, so far as the same may be consistent with
the purposes and objects of the incorporation to be created
under this act.
§ 2. The capital stock of said company shall not be less capital stock,
than fifteen thousand dollars, nor more than one hundred
thousand dollars, divided into shares of one hundred dollars
each, to be subscribed and paid for as may be prescribed by
the corporators above named, or their successors.
§ 3. The trustees of said corporation shall have power Borrow money.
to borrow such sums of money for the use of said corpora-
tion, at a rate of interest not exceeding ten per cent., per
annum, as they may deem necessary to purchase lands or
buildings, or to erect buildings for the purposes mentioned in
the first section of this act, and they are authorized to issue
to any person or persons of whom they may borrow such
money, or to any other creditor of said corporation, the
bonds of said corporation or promissory notes to secure the
payment of the same by deed or mortgage, or both, upon
any lands or real estate of said corporation.
§ 4. This [act] to take effect and be in force from and after
its passage.
Approved February 16, 1865.
AX ACT to authorize certain persons herein named to build a hotel in the In force Feb. 16,
city of Ottawa. 1865-
Section 1. Be it enicted by the People of the State of
Illinois, represented in the General Asse?nbly, That Edwin
S. Leland, John D. Caton, John V. A. Hoes, John F. Nash, corporators.
John Armour, Alexander W. Magill, Joseph O. Glover,
Edward Fames, William Reddill, C. H. Forer, and Lorenzo
HOTEL COMPANIES.
Leland, or any five of them, and their associates, are hereby
authorized and empowered to form a body politic and cor-
porate, under such name as they may adopt, for the purpose
of purchasing land and erecting buildings thereon for hotel
purposes in the city of Ottawa, in LaSalle county, by com-
plying with the provisions and requirements of an act to
authorize the formation of corporations for manufacturing,
agricultural and mechanical purposes, passed February 14,
1849, so far as the same may be applicable and necessary for
the formation of corporations under said act, and such cor-
poration so formed shall be subject to all the liabilities, re-"
strictions and limitations of said act so for as the same may
be consistent with the purposes and objects of the incorpora-
tion to be created under this act.
capital stock. § 2. The capital stock of said company shall not be less
than eighty thousand dollars, nor more than two hundred
thousand dollars, divided into shares of one hundred dollars
each, to be subscribed and paid for as may be prescribed by
the corporators above named, or their successors.
Borrow money. § 3. The trustees of said corporation shall have power
to borrow such sums of money, for the use of said corpora-
tion, at a rate of interest not to exceed ten per cent, per an-
num, as they may deem necessary, to purchase lands or
buildings, or to erect buildings for the purposes mentioned
in the first section of this act, and they are authorized to
issue to any person or persons of whom they may borrow
such money, or to any other creditor of said corporation,
the bonds of said corporation, or promissory notes, to secure
the payment of the same, by deed or mortgage, or both,
upon any lands or real estate of said corporation.
organization. § 4. This act shall be deemed invalid and of no effect in
law unless said corporators shall fully complete their organi-
zation within three months from the passage of this act.
§ 5. This act to take effect and be in force from and after
its passage.
Approved February 1G, 1865.
In force Feb. 10,
1805.
AN ACT to incorporate the Peoria Hotel Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Tobias
wame and style. S.Bradley, Charles Ballance, Thomas S.Dobbins, Jacob
Littleton, Samuel Voris, Wm R. Hamilton, Nathaniel B. Cur-
tis, Henry Lightner, Edward F. Kowland, and John L.
Griswold, and their associates, heirs and assigns, are hereby
constituted a body politic and corporate by the name and
style of the "Peoria Hotel Company," and by that name
HOTEL COMPANIES.
609
and style they and their successors shall have perpetual suc-
cession, and shall be capable, in law, of suing and being Power*,
sued, pleading and being impleaded, answering and being
answered unto, in all courts and places whatsoever, and as
such may have a common seal, and may change and alter Sesi.
the same at pleasure ; and they and their successors may Bajo ^d 8eR
also, by that name and style, be capable in law of purchasing,
holding and conveying away real and personal estate, for the
uses and purposes of said corporation, which real estate
shall not, however, exceed in quantity two acres of ground,
on which to erect said hotel and other appurtenances which
may be necessary to said hotel.
§ 2. Said company shall have and is hereby vested with B™^L aml keep
power to erect and finish in complete order a hotel in the
city of Peoria, and it is hereby authorized to earn on the
business of a hotel in said city, and to use and exercise all
powers and privileges that may be necessary for carrying on
said business.
§ 3. The capital stock of said company shall be one hun- capital stock.
dred thousand dollars, and shall be divided into one thou-
sand shares of one hundred dollars each. Said corporators, ^^P11 swb'
or a majority of them, are hereby authorized to appoint
three commissioners to receive subscriptions for said stock,
and a book for subscriptions shall be opened at such time
and place as said commissioners, or a majority of them, shall
appoint, by a notice printed in some public newspaper,
printed and published in the city of Peoria, at least twenty
clays before the day appointed for said subscription of stock.
If the requisite number of shares shall not then be submitted,
said commissioners shall take such measures to complete
said subscriptions as they, or a majority of them, shall judge
proper. Every subscriber shall, at the time of subscribing,
pay said commissioners two dollars, for the purposes of said
company, for every share he shall subscribe for, and the
residue of his subscription he shall pay to said company,
when organized, at such times and in such amounts as the
president and directors of said company shall order.
§ 4. As soon as five hundred shares of said stock shall Election o? oe-
have been subscribed, said commissioners shall appoint a
time and place, by advertisement as aforesaid, for the meet-
ing of said subscribers for the piirpose of choosing a
treasurer, clerk and five directors. At all elections of said
company, each stockholder shall be entitled to one vote for
each share he may hold to the number of ten, and one vote
for each two additional shares he may hold to the number of
thirty, and one vote for every three shares he may hold over
thirty and not exceeding fifty, and one vote for every five
shares he may hold over fifty. Said commissioners shall be
the judges of said first election, and their certificate of the
persons elected shall be evidence of that fact. The elec-
tions after the first shall be conducted in such manner as said
cers.
010
IIOTEL COMPANIES.
board of directors shall appoint and enter on tlieir record.
A majority of the said directors thus chosen shall have power
to transact the business of the corporation, and their acts,
performed within the scope of their authority, shall be bind-
ing on the company.
By-iaws. ^ 5. Said directors shall appoint one of their number
president of the board, and he and said directors shall have
power to establish such rules, regulations and by-laws as may
be necessary, and not inconsistent with the laws of the land,
for the transfer or payment of the stock or property of said
company, and for the direction and management of its
affairs.
§ 6. This act shall be in force from and after its pas-
sage.
Approved February 1G, 18G5.
Sn force Feb. 3,
1865.
AN ACT to incorporate a Hotel Company in the city of Springfield.
SeaL
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That James
location of hotel p, Lamb, Jacob Bunn, Virgil Ilickox, John Williams, Asa
Eastman, David L. Phillips and Milton Hay, and all such
other persons as have subscribed or may subscribe for stock
in an association formed for the purpose of building a hotel
in the city of Springfield, on lots seven and eight, (7 and 8,)
in block one, (1,) P. P. Enos' addition to Springfield, Illi-
nois, are hereby constituted and declared a body politic and
Name and style, corporate, by the name and style of the "Springfield Hotel
powers. Company," and by that name and style they may contract
and be contracted with, sue and be sued, plead and be im-
pleaded, in all the courts of law and equity, and make and
use a common seal, and alter the same at pleasure ; may ac-
quire, by purchase or other A'ise, and hold such real and per-
sonal estate as may be necessary, useful and convenient to
accomplish the objects of said association, and convey the
same. Said association shall have power to prescribe the
number and duties of its officers, and make such rules, regu-
lations and by-laws as they may deem proper : Provided,
the same shall not be inconsistent with the laws and consti-
tution of this state and of the United States.
§ 2. Said corporation shall have power to erect, build
and maintain a hotel in the city of Springfield, and the capi-
tal stock of said company shall be two hundred thousand
Sto* «? be dollars. Said company shall have the power to increase the
same to five hundred thousand dollars, which stock shall be
divided into shares of one hundred dollars, and such shares
shall be considered personal property, and may be transfer-
Proviso.
Capital stock.
HYDRAULIC COMPAJTT. 611
red in such manner as said corporation shall provide. The
stockholders of said company shall be entitled to one vote
for each share of stock held, respectively, by such stock-
holders, in all business meetings of such stockholders.
§ 3. Whenever one hundred and twenty-live thousand APen t0 °'san"
dollars shall be subscribed to the capital stock of said com-
pany, said company may proceed to organize, make calls
upon its stock, and proceed to carry out the objects of said
association. Said corporation shall have power to lease or
rent said hotel, and shall have power to fit up, use or lease
an}7 portion of said hotel building for stores, offices, etc., as
they may deem proper.
§ 4. Said corporation shall have power to borrow money Borrow mone.r.
at such rates of interest, not exceeding ten per cent, per an-
num, as may be agreed upon, and to issue its bonds therefor,
and may convey in pledge or security therefor the property,
real or personal, of said corporation. Said corporation, by Payments to
its managers or directors, shall have power to require pay-
ment of the sums subscribed to the capital stock, at such
times and in such proportions as they shall deem fit, and
upon such notice being given of such calls for payment as
the rules adopted by said corporation may prescribe, and a
failure to pay the same, as required, said corporation shall Forfeited shares,
have power either to forfeit the shares of such delinquent
stockholder to the company, or to sell the same upon such
notice as the rules or by-laws of said corporation may pre-
scribe, and the amount received upon such sales shall be ap-
plied, first, in the discharge of whatever amount may be due
from said stockholder by reason of such delinquency, and of
all costs of such sale, and the balance, if any, shall be paid
over to such stockholder : Provided, that if the purchaser of Proviso,
such stock shall be other than said company, he shall be lia-
ble for whatever amount of such stock shall have been un-
called for at the time of such purchase : And, provided,
further, that the right of forfeiture or of sale, above given,
shall not prevent said company from suing for and collecting
from such delinquent stockholder the amount due upon such
cails by action of debt or assumpsit.
§ 5. This act shall be in force from and after its passage.
Approved February 3, 1865.
AX ACT to amend an act entitled " An act to incorporate the Cairo Hvdrau- In force Feb. 15,
lie Company." 1865-
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
stockholders of the Cairo Hydraulic Company may increase
612
INSURANCE COMPANIES.
Directors may be the number of its directors, and that hereafter the affairs of
said company shall be managed by a board of not less than
live directors, which may be increased to any number not
exceeding thirteen, one of whom shall be chosen president,
: office. who shall hold their offices until their successors are elected
and qualified. The first election for the additional directors
shall be held at such time as the present board may by reso-
lution designate; and the directors then elected, with those
now in office, shall constitute the board for the management;
of the affairs of the company, and who shall have all the
powers conferred by the original act of incorporation, to
which this is an amendment.
§ 2. This act shall be a public act, and be in force from
and after its passage.
Approved February 15, 1SG5.
In force Feb. 10,
1865.
AX ACT to incorporate the Accident Insurance Company.
Name.
Seal.
Powers.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Wil-
liam Young, George H. Fullerton, Andrew P. Long, their
associates, successors and assigns, and all other persons who
may become members or stockholders, be and they are here-
by created a body corporate and politic, by the name and
style of the "Accident Insurance Company." The corpora-
tion hereby created may have and use a common seal, and
power to appoint all such officers, agents and servants as it
may deem necessary, and may make, ordain and establish
such by-laws, rules and regulations for the management of
its affairs as it may think proper, not inconsistent with the
constitution and laws of the United States and state of Illi-
nois, and to amend, alter, repeal and renew the same, and
to have, possess and enjoy all the rights, privileges and im-
munities that are or may be necessary to transact the busi-
ness of an accident insurance corporation ; but nothing con-
tained in this act shall authorize said company to engage in
any banking business ; and the said company shall organize
within one year from the passage ot this act, otherwise this
act shall lie void.
§ 2. The capital stock of this company may be increased
to any amount not exceeding five hundred thousand" dollars,
and shall be divided into shares of one hundred dollars each,
and be secured by mortgages on unincumbered real estate,
worth twice in value the amount of said lien, United States
when policies bonds, Illinois state stocks, or National bank currency ; and
as soon as fifty thousand dollars shall have been subscribed,
and ten per cent, of the same paid in, in cash, or as soon as
Capital stock.
INSURANCE COMPANIES. 613
the said company shall have received applications for insu-
rance for at least fifty thousand dollars, the above named
directors, or their successors or associates, may commence
to issue policies and transact the general business of the
company.
§ 3. "The said company shall have power to insure any Life }nsured.
person or persons against the accidental loss of life, or per-
sonal injury, also to insure against loss or damage by acci-
dent of every description, whether to persons or property,
cither upon stock or mutual principle, or both, upon such
terms and conditions, and at such rate of premium as may
be agreed upon by and between the parties, and may rein-
sure any risk, or any part of any risk, on which they have
made insurance.
§ 4. The said company may declare dividends of the Dividends,
profits of the business to the stockholders.
§ 5. Said company may use and employ the funds in ni banting
such way and manner as the directors may judge that the powers-
interest and welfare of the company requires, provided they
do not engage in banking.
§ 6. The affairs of said company shall be managed by a Directors.
board of directors, to consist of not less than five, nor more
than thirty-one, who shall be chosen in such manner, and at
such time or times, as may be regulated by the by-laws of
the company.
§ 7. The directors are authorized to iix the rates of in- Rates of iusur-
surance, form of applications, policies and all other papers to
be used in the business, the terms and conditions of payment
of premiums, and adopt such rules, regulations and by-laws
as they may deem proper.
§ 8. The said company shall be organized at Freeport, where organ-
in the county of Stephenson, within one year from the pas- lzed'
sage of this act, at which place the home office shall be, but
the directors may establish an office in the city of Chicago,
and all acts or things required by this act to be done at Free-
port may be done at Chicago.
§ 9. This act shall be deemed a public act, and take
effect and be in force from and after its passage, and con-
tinue fifty years.
Approved February 16, 1865.
AN ACT to amend the charter of the Adams Insurance Company. In force Feb_ j§
1805.
Sectton 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the home
office of the Adams Insurance Company, of Freeport, Illi- Home office.
nois, may, by the consent of a majority of the board of clirec- removed-
G14 INSURANCE COMPANIES.
tors of said company, be removed to the city of Aurora, in
the county of Kane, and state of Illinois, and all acts and
things authorized to be done by said company at Freeport,
in the county of Stephenson, and state of Illinois, shall be
lawful if done at Aurora, in the county of Kane, and state
of Illinois, and it shall be lawful for said company to engage
in the business of life insurance,
capital stock. § 2. For the better security of policy holders, the said
company are authorized to receive a guarantee capital, not
to exceed five hundred thousand dollars ($500,000) ; such
capital to consist in hypothecated stocks, mortgages on real
estate, or National bank stocks, satisfactory to the board of
directors or executive committee of the said company ; such
guarantee capital shall bo liable for losses and expenses of
the said company whenever the cash premium installments
and premium notes are insufficient to pay the same, and
each person subscribing to such guarantee capital shall be
liable to the amount of his or her subscription, and no more;
such capital to be divided into shares of one hundred dollars
($100) each, and each share shall represent one vote at each
annual election of directors of the said company. Scrip cer-
tificates may be issued for such guarantee capital, transfera-
ble only on the books of the said company. A compensa-
tion may be allowed for such guarantee capital, not to ex-
ceed one per cent., per annum, of the amount subscribed, in
lieu of dividend, so long as the said company continue to do
a mutual business.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
Jn force Feb. 15, AN ACT to incorporate the yEtna Fire and Marine Insurance Companv.
1865.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Richard
S. Thomas, B. F. Johnson, James K. Pollard, Egbert John-
son, and all others who shall become associated with them
as stockholders in said corporation, shall be a body politic
Name and style, and corporate, by the name of the "./Etna Fire and Marine
Insurance Company. " By that name they and their suc-
pcw,;r.. cessors shall and may forever be capable in law to sue and
be sued, and have and enjoy all the rights, power, privileges
and immunities which are necessary to transact an insurance
business, and be recognized in all the courts of this state ; may
Seai. have a common seal, and use the same or not as the directors
may determine. Said corporation shall have full power to
make and put in execution all such by-laws and regulations
INSURANCE COMPANIES. 615
as the board of directors may deem proper, to secure the
well ordering of its affairs, providing they be not repugnant
to the laws of the United States or of this state.
§ 2. "When the said parties and their associates shall when to organ-
have subscribed and paid in one hundred thousand dollars lze'
to the said incorporators, a meeting may be called by the
said Richard S. Thomas and B. F. Johnson, to organize the
said ./Etna Fire and Marine Insurance Company ; at which officers.
meeting the said stockholders may proceed to elect, by bal-
lot, five or more directors ; and when said directors shall
have chosen one of their number president, and appointed
a secretary, the said company shall be deemed fully organ-
ized, and shall enjoy all the powers herein conferred ; Pro- pr0vi3o.
vided, that if the corporation created by this act shall not
organize within one year from the date of the passage here-
of, then this act shall become null and void.
§ 3. The board of directors shall have power to increase stock may t>«
the capital stock of the company, from time to time, until it *1.000.000-
shall reach the sum of one million of dollars.
§ 4. The said company shall carry on its business in the Location.
city of Chicago, and shall have power to make insurance
and take all kind of fire, marine and inland risks, and re-
ceive such premium therefor as may be agreed by and be-
tween the parties, either upon the joint stock or mutual
principle, or both.
§ 5. The funds of the company may be invested and Funds may b«
reinvested, from time to time, at a rate of interest not to mT"**d-
exceed ten per cent., per annum, upon real estate worth at
least fifty per cent, more than the amount loaned thereon,
or upon such other securities as the board of directors may
approve.
§ 6. This act is hereby declared to be a public act, and
the same shall be construed liberally, for the purposes herein
granted, and shall take effect and be in force from and after
its passage.
Approved February 15, J 865.
AN ACT to amend the charter of the Auurican Insurance Company, of Free- In force Feb,
port, Illinois. 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful for the American Insurance Company, of Free- Premium notee,
port, to receive at the time of insuring of any person or per-
sons, a note or notes, payable in installments, for the cash
premiums, or any part thereof, which note or notes may be
in addition to or in lieu of a premium note. Installments
61 G INSURANCE COMPANIES.
upon such note or notes shall be due at such time or times
as may be agreed upon and stated in the note. It' the maker
of such note or notes shall neglect or refuse to pay the
amount of any installment for the space of thirty days after
the same shall fall due by the terms of such note or notes,
then, and in every such case, the policy issued in part or
whole consideration of such note or notes shall be null and
void until the same is or are paid ; and if any person or
persons, making such note or notes, shall neglect or refuse
to pay any installment for the space of thirty days, after
the same shall fall due, notice having been given by mail
or otherwise of the maturity of said note or notes, and of the
penalty and forfeitures herein provided," then, and in every
such case, the whole note upon which installments is or are
due shall become due and payable, and the said company
may proceed at law and collect the whole note or notes
given for and in consideration of any policy of insurance,
with costs of suit. Upon the satisfaction of any judgment,
the policy issued in whole or part consideration of any note
or notes, upon which suit is brought, shall become in full
force and virtue. Payment upon such note or notes
shall be made at the office of said company, in the manner
provided for the payment of assessment upon premium or
deposit notes by the charter and amendments thereto of the
said company.
$500,000 guaran- § -. For the better security of policy holders, the said
tee capital. company are authorized to receive a guarantee capital, not
to exceed five hundred thousand dollars; such capital to
consist [of] United States bonds or National bank currency,
or bonds and mortgages, secured by lien on real estate worth
at cash valuation twice the amount of said lien, and duly
recorded in the proper county, to make said lien valid in
law, satisfactory to the board of directors or executive com-
mittee of the said company. Such guarantee capital shall be
liable for losses and expenses of the said company when-
ever the cash premium, installment and premium notes are
insufficient to pay the same; and each person or persons
subscribing to such guarantee capital shall be liable to the
amount of his, her or their subscription, and no more; such
capital to be divided into shares of one hundred dollars each,
and each share shall represent one vote at each annual elec-
tion of directors of the said company. Scrip certificates
may be issued for such guarantee capital, transferable only
on the books of the said company. A compensation may be
allowed for such guarantee capital, not to exceed one per
cent., per annum, of the amount subscribed, so long as the
said company continue to do a mutual business.
By-iawg. § 3. The said company may adopt, from time to time,
all such by-laws, rules and regulations, not inconsistent with
the laws of this state or the United States, as they may
deem necessary for conducting, managing and carrying on
INSURANCE COMPANIES. 617
the business of stock insurance. The said company may Term of policies.
issue policies for such term of years, (not exceeding ten,)
and in consideration of such premium or premiums as may
be agreed upon. The board of directors of said company
may provide by by-laws for the election of the whole board
of directors annually, at any time the board of directors may
see fit; and the board of directors may consist of any niira- Number of direo-
ber of members not less than five ; and said company are tors"
hereby empowered to insure against all marine risks, and
the risks of inland navigation and transportation.
[§ 4.] This act is hereby made a public act, and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
AN" ACT to incorporate the Aurora Fire Insurance Company. In force Feb. 16,
1S65.
Section 1. Be it enacted by the People of the /State of
Illinois represented in the General Assembly, That Edward
R. Allen, William W. Bishop, Ira W. Buck, Joseph G. Name and style,
Stolp and L. D. Brady and their associates, successors and
assigns, be and they are hereby created a body politic and
corporate, under the name and style of the " Aurora Fire
Insurance Company," and by such name may have perpet- Powers,
ual succession; may sue and be sued; implead and be im-
pleaded ; answered and be answered unto in all courts and
places wnatsoever ; and to have and use a common seal,
and to renew and alter the same at pleasure ; said company
shall have power to purchase, hold, enjoy and convey, all
such real or personal property as shall be necessary for the
convenient transaction of the business and affairs of said
company, and for the preservation and safe keeping of the
books, papers and records of said company ; and also to
make all such by-laws, rules and regulations, not inconsistent
with the constitution and laws of the United States or of
this state, as shall be necessary for the proper management,
regulation or control of the business or affairs of said com-
pany, and amend or repeal the same.
§ 2. Said company shall have power to insure any and insurance,
all persons, companies and corporations against loss or dam-
age by fire, lightning or wind, to any dwelling-house, store,
shop, or other buildings, household furniture, merchandise
or other property, whether personal or real, and against
accidents of every description, both to persons or property,
and against all risks by inland navigation and transportation
of persons or property, including navigation or transporta-
tion upon any and all the rivers, canals and lakes within
the United States of America, and the several provinces in
—47
618 INSURANCE COMPANIES.
North America belonging to the government of Great
Britain, and also including transportation upon all railroads
within the United States and said British provinces, and to
do all such acts and things appertaining to such business of
insurance as may be necessary for the proper transaction of
the same,
capital stock. § 3. The capital stock of said company shall not be less
than one hundred thousand dollars, and may be increased
to any sum not exceeding five hundred thousand dollars, to
be divided into shares of one hundred dollars each, and
said stock shall be personal property and be assignable and
transferable only on the books of said company and under
such regulations as the directors may establish,
subscriptions to g 4. The persons above named are hereby appointed
commissioners to receive subscriptions to the capital stock
of said company, and shall, as soon after the passage of this
act as they or a majority of them shall deem advisable,
open books to receive subscriptions to said capital stock,
and whenever not less than one hundred thousand dollars
of said capital stock shall have been subscribed and not less
than five per cent, thereof actually paid in to said commis-
sioners in good faith, in cash, said company shall be author-
ized to become organized under this act, and to elect a
board of directors and to enter upon the transaction of said
insurance business,
officers. § 5. The board of directors shall be authorized to elect
a president, vice president, secretary, treasurer, and general
agent for said company, and such other officers as they may
deem proper, and determine the term of office and mode of
election of the same, to enact all by-laws, rules and regula-
tions of said company, and to provide for the appointment
of all such committees, attorneys, agents, and servants as to
First directors, said board of directors shall seem proper. The first board of
directors shall consist of nine members, all of whom shall
be stockholders of said company, and the number of direc-
tors may thereafter be increased or diminished by said com-
pany, not, however, to be less than five nor more than
thirty-one, and no person shall be eligible to the office of
director who shall not at the time of his election be the
owner, in good faith in his own right, of at least five shares
of the capital stock of the company ; and in all elections each
share of said capital stock of said company shall be entitled
to one vote,
certificate of or- § 6. Said company on becoming organized and before
ganization. transacting any insurance business under such organization,
shall file a certificate of such organization ; specifying the
amount of capital stock subscribed and the amount actually
paid in in cash, and the names of the first board of directors
and the term of office for which they were elected, which
certificate shall be executed under the hands and seals of
said directors, and acknowledged by them before some officer
INSURANCE COMPANIES. 619
authoized to take the acknowledgments of deeds and recorded
in the office of the clerk of the circuit court of the county of
Kane, and on recording said certificate said company shall
be deemed fully organized and entitled to enter upon and
exercise and enjoy all tiie rights and franchises conferred
by this act, and said company shall have power to charge
and receive for insurance as provided in this act such pre-
mium or premiums as shall be agreed upon between the
parties, either upon the stock or mutual plan or both.
§ 7. The board of directors shall have power from time installments.
to time to require the payment of additional installments of
said capital stock, until the whole ot said capital stock shall be
paid in ; and each stockholder shall be held liable for the debts
of said company for any and all losses and liabilities to the
amount of stock subscribed by him and no more, and the said
directors may cause said capital stock to be invested in the
bonds of the United States or this state, or in the stocks of
any national bank organized under any law of congress or
in mortgages upon real estate ; said land in all cases to be un-
incumbered and to be worth ar least fifty per cent, more than
the amount secured thereon, and said company may, under
such rules as said directors may prescribe, make dividends
to said stockholders out of the net profits of the business of
said company.
§ 8. The principal office of said company shall be located Principal office.
in the city of Aurora, in said county of Kane, but the offi-
cers of said company may appoint such agents in other
places as they may deem necessary.
§ 9. Said company shall have power to receive, hold, May hoia and
sell and convey, all such property, personal or real, as shall sel1 i,1'°Perty-
be mortgaged, pledged, sold or conveyed to them in security
or payment of any indebtedness due in good faith to said
company, or in any maimer in good faith owing to them or
conveyed to them under any sale by virtue of any legal pro-
cess, decree or order, of any court made for and upon any such
indebtedness.
§ 10. All policies of insurance issued by said company policies.
shali be signed by the president or vice president and secre-
tary, and all such policies shall be valid and binding on said
company.
§ 11. A statement of the true condition of the company Annual exhibit,
shall be made to the stockholders each year, the officers
thereof under oath at the time of the annual election of
directors.
§ 12. Unless the said company shall be organized within when act void,
twelve months after the passage of this act, then this act
shall be null and void, and nothing herein contained shall
be construed so as to permit said company to do banking
business, or exempt said company from the operation of
such general laws as may hereafter be passed upon the subject
of insurance companies.
620
INSURANCE COMPANIES.
§ 13. This act shall be deemed a public act and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
in force Feb. 16, AN* ACT to incorporate the Barrington Mutual Guarantee Insurance Asso-
1S65. ciation.
Seal.
Powers
Section 1. Be it enacted by the Peojjle of the State of
Illinois, representtd in \the\ General Assembly, That, from
and after the time of this act shall take effect, S. W. Kings-
ley, Harvey Seymour, J. W. Kingsley and J. II. Browning,
of the town of Barrington, Cook county, Illinois, and all
persons associated with them, or who may hereafter associ-
ate with them in the manner hereinafter prescribed, and all
their successors in office, shall be a body politic and corpo-
Nameand style, rate, by the name and style of "The Barrington Mutual
Guarantee Insurance Association;" and by that name may
sue and be sued, appear, prosecute and defend, in any court
of record ; may have and use a common seal, alter and
renew the same at pleasure ; may make and establish snch
by-laws, ordinances and resolutions, not being contrary to
the laws of this state or of the United States, as may seem
necessary for their regulations and government, and for the
management of their affairs ; and they may do and execute
such acts and things as may be necessary to carry into effect
the purposes of this act.
§ 2. All persons .who shall at any time be insured in
this association shall be members thereof, and, as such,
shall, equally, be entitled to vote, and hold any office within
the gift of said association, so long as they shall remain
members by being insured therein ; and they shall at all
times be bound by the provisions of this act, and all the
regulations and by-laws of said association.
§ 3. The affairs of said association shall be managed by
the president, vice-president, secretary, treasurer, and three
auditors, who shall constitute a board of directors; said offi-
cers to be elected annually, by ballot, from among the mem-
bers of the association, and shall remain in office until their
successors are chosen ; and a majority of such board shall
constitute a quorum for the transaction of business,
i- § 4. The directoi-3 of said association shall be elected on
the first Monday in March, at such hour and place as the
association shall prescribe in their by-laws. Such election
shall be held under the inspection of three members, not
candidates for office, appointed previous to each election, by
the members present ; but in case of no election on the above
named day, then it shall be lawful to hold such election on
OflJcers.
Quorum.
Election
rectors.
INSURANCE COMPANIES.
621
any Monday, by giving at least ten days' notice, by posting
notices in at least four of the most public places in town.
§ 5. The board of directors shall have power lo make Rules,
all necessary rules and regulations for the transaction of the
business of the association, during their term of office.
They shall in eel at the office of the secretary at such times
as the interest of the association, in their judgment, may
require ; and they shall meet at any time, on the call of the
president, secretary, and seven other members of the asso-
ciation— one day's notice being given them. They shall surveys and Pai-
have power to prescribe forms tor surveys and policies, and lcies-
to regulate the rates of insurance, with the approval of the
association, in special or general meetings.
§ 6. Said association may make insurance on all kinds
of property against loss or damage by fire, lightning, wind
and horse thieves.
§ 7. Any persons owning property in this town may be- Premium note,
come a member of said association, and be insured therein,
on their executing to the association their application and
premium note for the amount fixed by the association on
their policy, for the purpose of equalizing assessments for
the payment of losses and expenses; and the insured shall
be bound to pay all such sums as may be assessed on the
amount of such premium note, by the directors, for the
payment of any loss or losses sustained by any member of
the association, as provided for by this act.
§ 8. The directors of said association may levy such as- Assessments,
sessments, at any time, upon the premium notes, as shall
become necessary for the payments of losses and expenses.
§ 9. Any member of this association who shall refuse Policy, when
or neglect to pay the amount of assessment claimed, for V01("
more than thirty days after notice of such assessment,
notice to be given in the manner prescribed by the by-laws of
the association, then his, her or their policy shall be null and
void until such payment is made; and the association shall
be entitled to sue and recover, in any court of justice in
Cook county, the amount of such assessment and expenses ;
and the certificate of the secretary of said association, stat-
ing the amount of such assessment, together with the
application and premium note of the insured, shall be
prima facie evidence, and conclusive in all courts and places
whatsoever.
§ 10. This association shall have power to issue policies issue policies,
for any term of time not exceeding seven years.
§ 11. The board of directors shall be bound to make Losses adjusted
out assessments, collect and pay over the same to the suffer-
ing member for whose benefit such assessment shall have
been made, and report quarterly or annually, as prescribed
by the by-laws.
§ 12. Any member of said association suffering loss or Appraisal •
damage on any of his, her or their property, shall not be amages-
022 INSURANCE COMPANIES.
entitled to recover to the valuation as placed in his, her or
their application, but as valued by appraisers appointed ac-
cording to the tenor of their policy, as follows: one by the
board of directors, one by the party suffering loss or dam-
age, and one by the first two thus chosen ; but their decision
shall be subject to an appeal to the association, as regulated
by the by-laws, or the circuit court of Cook county.
when to organ- § 13 Whenever applications to the amount of ten thou-
sand dollars shall have been made, the company may pro-
ceed to organize; and if such organization be not effected
within one year from the passage hereof, then this act shall
be null and void.
where to insure. § 1^- The said association shall insure no property out-
side the limits of said town ; nor shall any persons hold any
office in said association, who is not at the same time a resi-
dent of the town.
§ J 5. This act shall be deemed a public act, and shall be
liberally construed for the purposes therein mentioned, and
shall be in force from and after its passage.
Approved February lfi, 1865.
in force Feb. 16 AN ACT to incorporate the Cairo Insurance and Loan Company.
1865. ' '
Suction 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That J. H. H.
Wiseheart, J. 13. Turner, J. II. Gordon, John Wiseheart,
Name and style. ga A> Wiseheart, J. 0. Wills, S. S. Taylor, W. P. Halliday
and Alexander H. Irwin, and their successors, assigns and
associates, be and are hereby created a body corporate and
politic, under the name of "The Cairo Insurance and Loan
Company," situated at Cairo, in the county of Alexander,
Rights and pow- in the state of Illinois; and by that name shall have and
enjoy all the rights, privileges and immunities which are
necessary for the transaction of their business, and be recog-
nized in all the courts of justice and equity in this state.
subscription. When the said party and their associates shall have sub-
scribed fifty thousand dollars, divided into shares of fifty
dollars each, to be paid in installments, in such amounts
and at such times as the president and directors (as herein-
after provided for) of said company may designate, and
shall have paid in, as a company fund, five thousand dollars,
and shall have secured by mortgage on real estate, worth at
least one hundred per cent, more than the amount secured,
or by pledge of public stocks of the United States, or any
of the loyal states, or counties therein, or incorporated com-
panies, the market value of which shall be equal to the
Directors. amount secured, and organized by choosing five directors,
INSURANCE COMPANIES. 623
and those directors shall have chosen one of their number
president, and appointed a secretary and treasurer, it shall officers.
be deemed fully organized, and enjoy the powers herein
conferred. The said company shall have power to make
insurance and to take risks on all kinds of property, both
marine and fire, and all such risks as any insurance com- Marine and m-e
pany have, and to charge and receive such premiums there- llsks'
for as may be agreed by and between the parties, either
upon mutual or stock principle, or both. The company Mayioansurpiu
shall have power to use, invest or loan its surplus funds in fund-
or on stocks, bills of exchange, government bonds, or bot-
tomry and respondentia, in or on bonds or mortgages, or on
personal security, at such rates as private persons may
legally do by the laws of this state ; and may increase the
capital stock to three hundred thousand dollars. The said
company may employ traveling agents, and establish local
agencies, and do all acts, not inconsistent with the laws of
this state, necessary to and for the full use and enjoyment,
and to carry out the full objects, of this act: Provided, that Proviso,
if the corporation created by this act shall not be organized
within one year from the date of the passage of this act,
then this act is to be null and void; and no stock shall be
subscribed to the capital stock of said company until at least
four of the persons in this section named shall have given
notice, in writing, to the other persons herein named, for at
least ten days, of the time and place when and where the
books of subscription will be opened: Provided, all of the Proviso^
persons herein named may, by agreement, meet together,
in person or by proxy, and open the books of subscription.
§ 2. Nothing contained in this act shall prohibit the Proviso.
transfer of stock to a second or third party : Provided, al-
ways, that the parties to whom the transfer is made complies
with the requirements made of original stockholders.
§ 3. The president and directors shall have power to By-iaws.
adopt a constitution, and such by-laws as may be necessary
to promote the interest of said company, according to the
laws of this state and of the United States.
§ 4. The said company may use a seal, which they may Seai.
alter and change at pleasure.
§ 5. This act shall be deemed a public act, and be libe-
rally construed for the purposes therein contained, and take
effect from and after its passage.
Approved February 16, 1865.
62 i INSURANCE COMPANIES.
In force April 18, AN ACT to amend an act entitled "An act to incorporate the Chicago Fire-
I805- man's Insurance Company," approved February 14, 1855.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section
Act amended, five (5) of an act entitled %'An act to incorporate the Chi-
cago Fireman's Insurance Company," approved February
14, 1855, be and said section five is hereby amended by
striking out the words, " that may occur within the corpo-
rate limits of said city," and also the words, " in suid city ;"
all occurring in said section five of said act of incorporation.
Approved February 16, 1865.
In force Feb. 15, AN ACT to incorporate the Citizens' Insurance Company.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
L. Hancock, Ebenezer Peck, Haines II. Magie, Jacob
same and style. Rhem, William C. Goudy, James Q. Wills, S. II. Barrett,
Lambert Tree, John B. Turner and Sydney Myers, and all
other persons who shall hereafter become stockholders in
the corporation hereby created, shall be a body politic and
corporate, by the name of the k' Citizens' Insurance Com-
pany ;" and by such name shall have succession, and con-
tinue in existence fifty years, from the date of their
organization, as hereinafter provided ; and, as such, may
powers. sue ailc[ \jQ sued, plead and be impleaded, answer and be
answered unto, defend and be defended ; may have and
use a common seal, which they may break and alter at
May hold and pleasure ; and may purchase, hold or convey any estate,
proper y. ^^ or personal, for the use of said company ; and may
make by-laws, not inconsistent with any existing law, for
Further powers, the regulation of its affairs; and, in addition to these gen-
eral powers, shall have authority, by instrument under seal
or otherwise : First — To make insurance on all descrip-
tions of property against loss or damage by fire. Second —
To make insurance on all descriptions of boats and vessels, the
cargoes and freights thereof, and on bottomry and respon-
dentia interest, and on personal property, against the perils
of marine or inland navigation. Third — To cause them-
selves to be reinsured against any risk on which they may
have insurance.
capital stook. \ 2. The capital stock of said corporation shall be one
hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each ; which said capital
stock may be increased, at the will of the directors to any
amount, not exceeding one million dollars ; to be sub-
scribed and paid for in the manner hereinafter specified.
INSURANCE COMPANIES. 625
§ 3. Books of subscription may be opened, under the Books of sub-
direction of the corporators, or any three of them ; and scuptlc
when fifty thousand dollars of the capital stock shall have
been subscribed, the company may be organized. And, at
the time of subscribing, there shall be paid on each share
five dollars ; and the balance due on each share shall be
subject to the call of the directors, under such penalties as
the board of directors may appoint and order, and shall be
secured to be paid on demand, or otherwise, as the directors
shall direct, by approved notes, hypothecated stocks, mort-
gages on real estate, or other satisfactory security.
§ 4. When the sum of fifty thousand dollars is sub- Election of at-
scribed and five per cent, paid thereon, nine directors shall lect01
be elected by the stockholders, and shall hold their offices
until the first Monday of January next succeeding the or-
ganization of the company, and until their successors are
elected ; and on the first Monday of January, in each year, Annual election,
during the continuance of said corporation, an election of
the directors thereof shall be held, in the city of Chicago,
at such hour and place as the existing board of directors
may prescribe. But in case that it shall happen, at any
time, that an election shall not be made on the day when,
pursuant to this act, it ought to have been made, the cor-
poration shall not for that cause be deemed to be dissolved, but
it shall and may be lawful, on any other day, to make and
hold an election of directors, in such manner as shall be
regulated by the by-laws and ordinances of said company.
The stockholders in said corporation, in person or by proxy, Proxy vote,
shall be entitled to one vote fur each share of stock held by
them, respectively, at the time of such election ; and the
persons, to the number of nine, being stockholders, receiv-
ing the highest number of votes at such election shall be
declared elected directors of said corporation for one year,
and shall hold their offices until the next annual election and
until their successors are elected. A majority of the board Quonjm-
shall constitute a quorum for the transaction of business.
§ 5. The board of directors shall have power to fill any vacancy, how-
vacancy that may occur in their own body — a plurality of fiIled'
votes constituting a choice. They shall, also, choose, in the inspectors of the
same manner, previous to the annual election of directors, elect50n-
three inspectors of such election, whose duty it shall be to
canvass the votes cast thereat and declare the result. The
said inspectors shall, also, be judges of the qualifications of
voters. Notice of elections for directors shall be given, by
publication in one or more daily newspapers published in
Chicago, at least ten days previous thereto.
§ 6. The directors, when chosen, shall meet as soon as officer*.
may be after every election, and shall choose out of their
number a president and vice president, who shall hold their
office until the election of directors. They shall, also, have
the power to appoint a secretary, and all subordinate officer
626 INSURANCE COMPANIES.
of said corporation, lix their compensation, define their
powers, and prescribe their duties.
Policies. § 7. All policies of insurance made by said corporation
shall be subscribed by the president, or, in case of his death
or absence, by the vice president, and countersigned by the
secretary of said corporation ; and losses arising under any
policy, so subscribed, may be adjusted and settled by the
president and secretary, under such regulations and orders
as the board of directors may, from time to time, prescribe.
Banking forbid. § 8. Nothing in this act contained shall authorize said
corporation to receive deposits or to do any general banking
business ; but said corporation shall have full power and
authority to loan its surplus or unemployed capital or
money, on personal, real or other securities, at such rates of
interest as may be done under the existing laws of this
state, or invest the same in stocks.
company's office § 9. The office of said company shall be located and
kept in the city of Chicago, but the officers of said com-
pany may appoint such agents in other places as they may
deem necessary.
Dividends. § 10. The hoard of directors may, from time to time, in
their discretion, estimate the profits that have accrued in
their business, and declare such a dividend thereof to the
stockholders of said company as they may deem desirable.
Proviso. § 11. In case of any loss or losses, whereby the capital
of said company may be lessened, before all the install-
ments are paid in, each proprietor or stockholder's estate
shall be held accountable for the installments that may re-
main unpaid on his share or shares, at the time of such loss
or losses taking place ; and no subsequent dividend shall be
made until the sum arising from the profits of the business
or by advances of the stockholders, to make good said capi-
tal stock, shall have been added thereto : Provided, that the
stockholders shall not be individually liable beyond the
amount of stock held by them respectively.
when to organ- § 12. This charter shall be void and of no effect, unless
the company shall organize under it and agreeably to its
provisions within one year after the passage of this act.
And this act is hereby declared a public act, and shall take
effect from and after its passage, and shall be liberally con-
strued for every purpose herein contained.
Approved February 15, 1865.
ize.
In foree Feb 15 A^ ^^ to incorporate the Citizens' Insurance Company of Chicago.
lsco.
Section 1. Be it enacted by the People of the State of
Plinois, represented in the General Assembly, That William
Name and style. E. Doggett, Henry W. King, Solomon A. Smith, Charles
INSURANCE COMPANIES. 62f
Hitchcock, Samuel M. Nickerson and Horace A. Hurlburt,
their associates and successors, and such persons as shall
become stockholders, be and they are hereby created a body
corporate and politic, by the name and style of the "Citizens'
Insurance Company of Chicago " The corporation may seal.
have a common seal, and power to appoint all eueh servants Powers,
and agents as it may deem necessary, and may make and
ordain and establish such by-laws, rules and regulations, for
the management of its affairs, as it may think proper, not
inconsistent with the laws and constitution of the United
States and the state of Illinois ; and, again, at its pleasure,
may amend, alter and repeal the same ; and shall have
process and enjoy all the rights, privileges and immunities
necessary to effectuate the purposes of this act, and be re-
cognized in all its rights and powers, without pleading the
same, in all the courts of the state of Illinois : Provided, Proviso.
that said company shall organize within one year from the
passage hereof.
§ 2. The capital stock of this company shall be one capital stock.
million of dollars, with power to increase the same to any
sum, not exceeding five millions of dollars, by a vote of a
majority in interest of the paid stock at the date of such
vote, which shall be divided into shares of one hundred
dollars each, and which shall be deemed personal property,
and transferable on the books of the company only, under
such regulations as may be adopted by the company.
§ 3. When a subscription to the capital stock of not less Directors,
than one hundred thousand dollars shall have been made,
and five per cent, thereof actually paid in cash, the sub-
scribing shareholders may meet and choose a board of fif-
teen directors, in whom all the powers of the corporation,
not otherwise herein specially limited and provided, shall
be vested. The board of directors may choose one of their officers.
number a president, and another a vice president, also, a
secretary and a treasurer, and such other officers and agents
as they may deem necessary, and whose qualifications,
duties and compensation may be fixed and prescribed in the
by-laws, regulations and resolutions of the board of direc-
tors, from time to time. The board of directors shall hold
their offices for one year, and until their successors are
elected and qualified. Whenever any vacancy shall occur vacancy, how
in the said board, by death, resignation or otherwise, such fiIled'
vacancy may be filled by the appointment of the remaining
members thereof. The term of office of the secretary,
treasurer and other employees, shall be fixed by the board
of directors. The home office of the company shall be at
the city of Chicago, in Cook county, Illinois.
§ 4. The said company shall have power to make in- insurance,
surance against loss by fire on any and all kinds of property,
houses and fixtures, to make insurances, and take all and any
marine risks, and to fix, charge and receive such rates of
628
INSURANCE COMPANIES.
premium therefor as may be agreed upon between the par-
ties ; and any or either of the risks and insurances, tire and
marine, may be done upon the participating or stock prin-
ciple, or upon both together.
Dividends. § 5. The corporation may declare dividends ; but all
dividends shall be applied in payment of the capital stock
subscribed, until the amount subscribed by each shareholder
shall have been paid up in full by the dividends declared
upon the stock, and so of the stock subscribed, from time to
time, and the capital stock may be called in as may be re-
quired by the by-laws.
surplus capital. § qw ^he company may invest any surplus capital or
other money on hand in any kind of stocks or other securi-
ties deemed safe, or in real estate, bonds and mortgages, or
may loan the same, at any rate of interest, not exceeding
ten per cent. The company may own such real estate as
may be needful to transact its business ; and may take,
hold, sell and convey such other real estate as may be
necessary to secure any loan or debt due by judgment or
Losses. otherwise. In all cases of loss, exceeding the property and
paid stock of the company, each shareholder shall he liable
to the amount of unpaid stock due from each.
Agencies. § 7. Said company may establish agencies, and do all
such acts, by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine
and prescrihe, in the by-lawrs, the manner of making' appli-
cations, and the terms and conditions of the policy, and the
manner of adjusting losses ; they may, also, prescrihe the
manner in which the unpaid stock shall be secured.
§ 8. This act shall take effect from its passage.
Approved February 15, 1865.
in force Feb. 1G, AN ACT to incorporate the Citizens' Life Insurance Company.
1865. ' ^ J
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Thomas
Name and style. J. Turner, J. Wilson Shaffer, J. M. Bailey, D. W. C. Tan-
ner, L. L. Munn, H. C. Burchard, R. B. Currier and Charles
L. Currier, and all others who shall be associeted with them
as stockholders in the corporation hereby created, shall be a
body corporate, by the name of the " Citizens' Life Insur-
ance Company ; " and by that name shall have perpetual
succession, may sue and be sued, prosecute and defend, in
Directors. a]| courts or places. The board of directors shall have power
to make and execute by-laws, rules and regulations, for the
management of said company, so as to secure the well or-
INSURANCE COMPANIES. 629
dering of all its affairs : Provided, that they be not repug-
nant to the laws of the United States or of this state.
§ 2. The persons named in the first section of this act First board,
shall be the first board of directors, and shall hold their
offices until the first Monday in January next after the or-
ganization of the said company. The board of directors
shall consist of not less than live stockholders, which num-
ber may be increased, at any election. Annual elections of Annual election.
the said company shall be held on the first Monday of
January, at the office of the company ; and if it shall so
happen that an election be not held on the said first day of
January, it shall be lawful for an election to be held on any Notice,
other day, by giving ten days' notice, by publication in a
newspaper printed in the city of Freeport. Each stock-
holder shall be entitled to one vote for each share of the
capital stock by him or them subscribed and paid or secured
to be paid. Stockholders may vote in person or by proxy.
The board of directors may provide a form for the appoint-
ment of proxies. The board of directors may appoint three Executive com-
of their number to act as an executive committee; which mittee-
committee shall have all the powers of the board, when the
board of directors are not in session ; and the board of direc-
tors may fill any vacancies occurring in the board of diiectors
or executive committee.
§ 3. The board of directors shall meet, as soon as may officers.
be, after every annual election, and choose from their num-
ber a president, vice president and treasurer. A secretary,
general agent, and other officers may be appointed by the
board of directors or executive committee, upon such terms
as may be agreed upon. The duties of officers and agents
shall be prescribed by by-laws.
§ 4. The home office of the said company shall be in the iiome office.
city of Freeport, in the county of Stephenson, and state of
Illinois. The business of the said company may be carried
on at any other place, by agency. And the said company
may hold such real estate as may be necessary and conve-
nient, for the well ordering of the affairs of the said com-
pany.
§ 5. All policies of insurance or renewals thereof, made Policies,
by the said company, shall be signed by the president, and
countersigned by the secretary, or by persons authorized to
act as such.
§ 6. The capital stock of the said company shall not be capital stock.
less than one hundred thousand dollars, and may be in-
creased, from time to time, in the manner provided for
by this act, or by the by-laws of the said company. The
stock of the said company shall be transferable on the books
of the said company, and not otherwise.
§ 7. Booksof subscription to the stock of the said company Books of snb-
may be opened, by direction of a majority of the parties scription-
630
INSURANCE COMPANIES.
Nature of stock
Life insurance.
named in the act living at the time said company is organ-
ized.
§ 8. The capital stock of said company shall consist of
United States stocks.
§ 9. The said company shall have power to make in-
surance upon the lives of individuals and upon the lives of
persons connected by marital relations to the persons ap-
plying for insurance, and, also, upon the lives of persons in
whom the applicant has a pecuniary interest as creditor, or
otherwise ; to receive trusts, grants, annuities and endow-
ments, and purchase the same in such manner and for such
premiums and considerations as the board of directors or
Securities. executive committee shall direct. The board of directors
may collect and sell its securities and reinvest the proceeds
thereof, and may accumulate a contingent capital by receiv-
ing conditioned notes for insurance at the time of insuring
any person or persons ; such notes to be paid in the way and
manner provided for in the note or notes and by the by-laws
of the said company.
premiums. § 10. Said company may issue such contracts of insur-
ance and receive therefor such premiums as may be agreed
upon. Premiums may be payable at one time or in con-
snares of stock, ditional installments. The capital stock of said company
shall be divided into shares of one hundred dollars each ;
and each share shall be entitled to represent one vote at each
annual election of directors.
Banking forbid. § 11. This act shall not be construed to authorize said
company to engage in the banking business or to exempt
said' company from the operation of such general laws as
may hereafter be passed upon the subject of insurance com-
panies ; and shall be a public act, and take effect from and
after its passage : Provided, however, that said corporation
shall be organized within twelve months after the passage
hereof, or this act shall be null and void.
Approved February 16, 1865.
In force Feb.
1865.
Name and st
16 AN ACT to incorporate the Citizens' Health Insurance Company.
Section 1. Be it enacted by the People of the State
of Illinois, represented in, the General Assembly, That
vie. George H. Fnllerton, T. K. Greenwood, Julius Bastress.
Charles Butler, Jacob Krohn, and their associates, successors
and assigns, be and they are hereby created a body corpo-
rate and politic, by the name of the " Citizens' Health Ia-
surance Company ; " and by that name shall have and enjoy
all the rights, privileges and immunities that are or may be
necessary to transact the business of a health or accident
INSURANCE COMPANIES. 631
insurance corporation ; but nothing contained in this act
shall authorize said company to engage in any banking busi-
ness ; and in case the directors fail to organize the company
within one year, this act shall be null and void.
§ 2. Said company shah have power to insure any per- Life insurance,
son or persons against the accidental loss of life or personal
injury, caused by accident of any kind, or from any cause ;
and insure the health of any person or persons, upon such
terms and conditions as may be regulated by the by-laws of
the company.
§ 3. The above named directors, or their associates or
successors, are authorized to fix the rates of insurance,
amount that each party shall pay in cash at the time of in-
suring, amount of note or notes, and terms and conditions
of payment; and any party applying for insurance may pay
a definite sum of money in full for said insurance, and in
lieu of a premium note ; may pass and ordain such rules,
regulations and by-laws as they may deem proper; and do
and execute all such acts and things as they may deem ne-
cessary for the management of the affairs of the company :
Provided, they are not inconsistent with the constitution and
laws of the United States or of this state ; and may appoint
such officers, agents and servants as they may deem proper.
But no policy shall be issued until applications for insurance
shall have been received for at least fifty thousand dollars.
§ 4. The said company may sue and be sued, appear, Power*.
prosecute and defend, in any court of record or other court
or place whatsoever, and shall be recognized as a corporation
in all courts.
§ 5. The directors may loan the surplus funds of the surplus funds,
company, at any rate of interest not exceeding that allowed
by the laws of the state to private persons, upon such se-
curity as they may judge that the welfare of the company
requires.
| 6. The home office of the company shall be in the city Home office.
of Freeport, in the county of Stephenson.
§ 7. This act shall be deemed a public act, and shall take
effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Commercial Insurance Company. In force Feb. 1 ),
^ ' 1S65.
Section 1 . Be it enacted by the People of the State of
Illinois, represented in [the] General Assembly, That W. II.
Bradley, Normal Williams, W. H. Turner, C. J. Gilbert, J. Name and style
R. Diller, John C. Dore, and D. S. Smith, and such other-
persons as may become stockholders in the corporation
hereby created, their successors and assigns, be and they
632
INSURANCE COMPANIES.
are hereby created a body corporate and politic, under the
name and style of the "Commercial Insurance Company ;"
and by that name and style shall have perpetual succession ;
may sue and be sued, plead and be impleaded, answer and
be answered into, in all places, and be recognized in all
courts of law and equity or where judicial proceedings are
had ; may have and use a common seal, which they may
alter at pleasure; and may purchase, hold and convey real
estate and personal property, for the use of said corporation ;
and may make by-laws for the government of its affairs :
Provided, that if the corporation created by this act shall
not organize within one year after the passage hereof, then
this act shall be null and void.
§ 2. The capital stock of said corporation shall be two
hundred thousand dollars, to be divided into shares of one
hundred dollars each, and paid in such installments as the
board of directors shall, from time to time, direct, except as
capital stock hereinafter provided. The capital stock may be increased,
"" not to exceed five hundred thousand dollars, in the discre-
tion of the board of directors. The stock shall be trans-
ferable on the books of said corporation.
§ 3. Books of subscription may be opened, at the dis-
cretion of a majority of the persons named in the first
section hereof; and when the amount of capital stock, as
provided in the preceding section, shall have been sub-
scribed, the stockholders may proceed and elect nine directors
to comprise a board of directors, by whom the affairs of the
corporation shall be managed. And when said directors
shall have chosen, out of their number, a president and vice
president, and shall have appointed a secretary, said board
of directors may declare the company fully organized, and
proceed to call in such an installment on the stock subscribed
as they may deem necessary, not less than twenty per cent.,
in cash ; and, for the balance of such subscription, may take
bonds, secured by mortgage, on unincumbered real estate,
in the state of Illinois, or judgment notes of responsible
persons.
§ 4. The said corporation shall have power, by instru-
ment under seal, or otherwise : First — To make insurance
or take risks upon all descriptions of buildings and property
against loss or damage by lire. Secondly — To make in-
surance or take risks upon all descriptions of boats and
vessels, the cargoes and fi eights thereof, and upon bot-
tomry and respondentia interests, against the perils of ma-
rine and inland navigation. Thirdly — To cause themselves
to be reinsured against any risk upon which they may have
insurance, and to take such other risks or hazards as the
corporation may, from time to time, determine.
§ 5. The first board of directors shall hold their office
until the second Monday in January next succeeding the
organization of the company, and until their successors are
Capital stock.
may be $500,000
Books openeil.
Director!
First board.
INSURANCE COMPANIES. 633
elected, and on the second Monday of January, in each Annual election,
year thereafter, or at such time as the by-laws may pre-
scribe, an election of directors of said corporation shall be
held in the city of Chicago, at such time and place as the
existing board of directors may prescribe. The stockholders
in said corporation, in person or by proxy, in voting, shall Proxy vote,
be entitled to one vote for each share of stock held by them,
respectively, at the time of such election ; and the persons,
to the number of nine, being stockholders, receiving the
highest number of votes at such election, shall be declared
elected directors of said corporation for one year, and shall
hold their offices until the next annual election and until
their successors are elected. A majority of the board shall
constitute a quorum for the transaction of business.
§ 6. The board of directors shall have power to fill any vacancy,
vacancy that may occur in their own body — a plurality of
votes constituting a choice. They shall choose in the same
manner, previous to the annual election of directors, three
inspectors of such election, whose duty it shall be to can-
vass the votes cast thereat, and declare the result. The
said inspectors shall, also, be judges of the qualification of
voters. Notice of such elections shall be given, by publi-
cation in one or more daily newspapers, published in the
city of Chicago, at least ten days previous thereto.
§ 7 The directors shall meet, as soon as may be, after officers,
every election, and choose out of their number a president
and vice president, who shall hold their offices until the next
annual election of directors, and until their successors are
chosen. They shall, also, have power to appoint a secre-
tary, and such other officers or agents as the corporation
may determine.
§ 8. All policies of insurance made by said corporation Policies,
shall be subscribed by the president or vice president, and
countersigned by the secretary. And all losses accruing
may be adjusted and settled by the president, vice president
or secretary, under such regulations as the board of direc-
tors may, from time to time, prescribe.
§ 9. The office of said corporation shall be at the city of Home office,
Chicago ; but agents may be appointed at other places, as
may be deemed expedient.
§ 10. The board of directors shall, from time to time, Dividends,
estimate the net earned profits that have accrued on the
business of the corporation, and declare such a dividend
thereof to the stockholders as they may deem just and
proper.
§ 11. By the consent, in writing, of the stockholders
representing three-fourths of the amount of the capital stock
thus insured, may be allowed to participate in the net prof-
its of the business of the corporation.
§ 12. Nothing in this act contained shall authorize said No banking pow-
corporation to engage in any banking business.
—48
634
INSURANCE COMPANIES.
§ 13. This act shall be deemed a public act, and shall be
liberally construed for the purposes herein contained, and
take effect from and after its passage.
Borrow money. § 14. Said corporation shall have power to borrow mone y,
when deemed necessary, in conducting its business ; also, to
loan its surplus funds, on good security — or invest the same,
under such regulations as the board of directors may pre-
scribe.
Approved Februarv 10, 1865.
In force Feb. 13
1665.
AN ACT to incorporate the Commonwealth Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Samuel
corporators. ]£_ Nickerson, George M. Kimbark, Cyrus H. McCormick,
Ira Y. Munn, U. H. Crosby, George S. Bo wen, T. W.
Baxter, Jesse Spalding, Henry M. Shepard, Albert E.
Kent and Leroy Swormstedt, their associates and succes-
sors, and all such persons as shall become stockholders, be
and they are hereby created a body corporate and politic,
Name and style, by the name and style of the " Commonwealth Insurance
powers. Company." The corporation may have a common seal,
and power to appoint all such servants and agents as it may
deem necessary, and may make and ordain and establish
such by-laws, rules and regulations, for the management of
its affairs, as it may think proper, not inconsistent with the
laws and constitution of the United States and the state of
Illinois, and, again, at its pleasure, to amend, alter, and re-
peal the same, and to have process, and enjoy all the rights,
privileges and immunities necessary to effectuate the purpo-
ses of this act, and to be recognized in all its rights and
powers, without pleading the same, in all the courts of the
state of Illinois.
capital stock. § 2. The capital stock of this company shall be live hun-
dred thousand dollars, with power to increase the same to
any sum, not exceeding five millions of dollars, by a vote
of a majority in interest of the paid stock at the date of such
vote, which shall be divided into shares of one hundred
dollars each, and which shall be deemed personal property,
and transferable on the books of the company only, under
such regulations as may be adopted by the company.
Book? opened. § 3. Books of subscription may be opened, under the
direction of the board of directors, as hereby constituted;
and when the amount of capital stock, as provided in the
foregoing section, shall have been subscribed and ten per
cent, thereof actually paid in cash, the said board of direc-
tors may declare the company organized.
INSURANCE COMPANIES. 635
§ -i. The persons named in the first section of this act First board.
shall constitute the first board of directors, in whom all the
powers of the corporation, not otherwise herein specially
limited and provided, shall be vested, and shall hold their
offices until the first Monday in January next succeeding the
organization of the company, and until their successors are
elected. And on the first Monday of January, in each Annual election
year, during the continuance of said corporation, an election
of directors thereof shall be held in the city of Chicago, at
such time and place as the existing board of directors may
prescribe. The stockholders in said corporation, in person
or by proxy, shall be entitled to one vote for each share of
stock held by them, respectively, at the time of such elec-
tion; and the persons, to the number of eleven, being stock-
holders, receiving the highest number of votes at such elec-
tion, shall be declared elected directors of said corporation
for one year, and shall hold their offices until the next an-
nual election, and until their successors are elected, A ma- Quorum.
jority of the board shall constitute a quorum for the trans-
action of business. The board of directors may choose one officers.
of their number a president, and another a vice president ;
also a secretary, and a treasurer, and such other officers and
agents as they may deem necessary, and whose qualifica-
tions, duties and compensation, and term of office, may be
fixed and prescribed in the by-laws, regulations and reso-
lutions of the board of directors, from time to time. The
home office of this corporation shall be at the city of Chi- Home office,
cago, in Cook county, Illinois.
§ 6. The said company shall have power to make insu- Fire and marine
ranee against loss by fire, on any and all kinds of property,
houses and fixtures ; to make insurances, and take all and
any marine risks, and to take all risks and make insurance
of lives ; and to fix, charge, and receive such rates of premi-
um therefor as may be agreed upon between the parties ; and
any or either of the risks and insurance, fire, marine or life,
may be done upon the mutual or stock principle, or upon
both together. Dividends.
§ 6. The corporation may declare dividends ; but all divi-
dends shall be applied in payment of the capital stock sub-
scribed, until the amount subscribed by each shareholder
shall have been paid up in full by the dividends declared
upon the stock ; and so of the stock, subscribed from time to
time, and the capital stock may be called in as may be re-
quired by the by-laws. surplus capital,
e i-r mi l 1 'j. i how invested.
§ 7. The company may invest any surplus capital, or
other money on hand, in any kind of stocks or other secu-
rities, deemed safe, or in real estate, bonds and mortgages,
or may loan the same, at any rate of interest, not exceeding
ten per cent., and may discount the interest reserved out of
such loan. The company may own such real estate as may be
needful to transact its business, and may take, hold, [use] and
636 INSURANCE COMPANIES.
convey such other real estate as may be necessary to secure
any loan or debt clue by judgment or otherwise. In all ca-
ses of loss exceeding the property and paid stock of the com-
pany, each shareholder shall be liable, pro rata, on the
amount, and to the amount of unpaid stock from each.
Agencies. § S. Said company may establish agencies, and do all
such acts, by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
Applications. regulations. The board of directors may fix, determine,
and prescribe in the by-laws the manner of making applica-
unpaid siock. tions and the terms and conditions of the policy, and the
manner of adjusting losses. The board of directors may
prescribe the manner in which the unpaid stock shall be se-
cured. This act shall be deemed a public act, and take effect
proviso. from and after its passage: Provided, however, thai if the
corporation hereby created shall not be organized within
when act void, twelvemonths after the passage hereof, the rights hereby
granted shall cease and determine, and this act shall be and
become null and void.
Approved February 13, 1865.
cl-S
In force April 16, AX ACT to amend an act entitled "An act to incorporate the DuPage
lise5- County Mutual Insurance Company of Wheaton," approved Feb. 16,
A. D. 1857.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
\daitionai pow- Wheaton Mutual Security Insurance Company, in addition
to the powers previously granted to said company, are
hereby authorized and empowered to insure all kinds of
property, on land, against loss or damage by lightning ;
also, to take risks upon and to insure the life or lives of all
persons who shall apply for the same ; also, to grant annu-
ities upon life or lives or dependent upon life or lives ; and
to make all and every insurance appending to or connected
with life or annuity risks ; also, to take risks upon live
stock, including horses, cattle, sheep and all other animals,
and to grant policies insuring the owners against loss or
damage by death or injury to said animals. And the said
company is hereby authorized and empowered to increase
their capital stock five hundred thousand dollars; and that
the capital stock hereafter subscribed to said company shall
be divided into shares of fifty dollars each, and be secured
by mortgage on unincumbered real estate worth two-thirds
ill value the amount of said incumbrance, United States,
state stocks, or national bank stocks. The board of direc-
tors shall have authority to call in the same, by installments,
from time to time, as they shall deem necessary.
Approved February 16, 1865.
INSURANCE COMPANIES. 637
AN ACT to incorporate the Elgin Insurance Company. In force Feb. 15,
F D 1 • 1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Elias
Wanger, Eoswell Smith, James 0. Carpenter, Samuel Ad- corporators.
ams, A. 1\ Long, and all other persons who may hereafter
associate with them, in the manner herein prescribed, shall
be and are hereby constituted a body corporate and politic,
by the name and style of the "Elgin Insurance Company ;" Name and style.
and by that name may sue and be sued, appear, prosecute and
defend, in any court of record or other court or place whatso-
ever ; and may have and use a common seal, and alter, seal.
break and renew the same at pleasure ; may purchase and
hold such personal and real estate as may be necessary to
effect the objects of their association, and may sell and con-
vey the same at pleasure : Provided, such real estate shall
not exceed in value, at any one time, the sum of twenty
thousand dollars, except such as may betaken for debts due
the company or as a part of the guaranty capital; may
make, establish and put in execution such by-laws, ordi-
nances and resolutions, not being contrary to the laws of
this state or of the United States, as may be necessary or
convenient for their regulation and government, and for the
management of their affairs; and do and execute all such
acts and things as may seem necessary to carry into effect
the provisions of this act: Provided, that if the corporation proviso.
created by this act shall not organize within >.<ne year from
the passage hereof, then this act shad oecome null and void.
§ 2. The affairs of said company shall be managed at Directors.
the city of Elgin, by a board of directors, to consist of not
less than five nor more than twenty-one members or
stockholders; and said directors shall be chosen by ballot
' from among the members or stockholders of this company ;
and the majority of the whole board shall constitute a quo-
rum for the transaction of business, until said board shall
consist of more than five directors ; after which the secreta-
ry and two directors shall constitute a quorum.
§ 3. The persons named in the first section of this act First board,
are hereby constituted a board of directors, to serve as such
until the first annual election, and until others are chosen ;
which annual election shall be held on the first Mondav of
May, in each year. Such election shall be held at the office Elections, how
of the company, at such hour of the day as the directors made'
may, for the time being, appoint; notice of which shall be
given in one of the newspapers printed in the county of
Kane, at least twenty days immediately preceding such
election; and such election shall be holden under the in-
spection of three members or stockholders, to be appointed
previous to every election, by the secretary ; and such elec-
tion shall be made by a plurality of the votes of the mem-
bers and stockholders or their pioxies, allowing each mem-
638
INSURANCE COMPANIES.
Executive com
mittee.
Different risks.
Dividends.
ber one vote for each policy by him, her or them held and
enforced in this company, and each stockholder one vote
for each share of stock. And the board of directors are
hereby authorized, at any of their meetings, to provide a
form for the appointment of proxies, and to specify the evi-
dence that shall be required in the execution thereof. The
board of directors shall hold their office for one year and
until others are chosen ; and vacancies occurring in the
board may be filled at any of their meetings.
§ i. The board of directors shall elect a president, vice
president, secretary, and treasurer, who shall hold their re-
spective offices for one year and until others are chosen.
The board of directors may also appoint an executive com-
mittee from among their number ; and such committee,
when the board is not in session, may exercise all the pow-
ers vested in this company, except when the company has,
by its by-laws, otherwise provided. The executive commit-
tee may appoint examiners, agents, and such subordinate
officers as they may deem necessary, who shall hold their
offices during the pleasure of the committee.
§ 5. If at any time it shall happen that the election of
directors shall not be held or made on the day when, pursu-
ant to this act, it ought to have been held or made, this cor-
poration shall not for that cause be deemed to be dissolved,
bat it shall be lawful, on any other clay, to hold and make
an election of directors — notice of which shall be given as
herein prescribed.
§ 6. The rates of insurance shall be fixed and regulated
by the board of directors ; and premium notes may be re-
ceived from the insured, which shall be paid at such time
or times and in such sum or sums as the directors shall from
time to time require for the payment of the debts of the
company. The directors may also fix the amount that each
party shall pay at the time of insuring ; and any party ap-
plying for insurance, so electing, may pay a definite sum of
money in full for said insurance and in lieu of a premium
note.
§ 7. This company may divide into departments the
different classes of risks it may assume, and each depart-
ment shall be liable only for the losses and expenses of its
own class.
§ 8. If it shall so happen that the whole stock and con-
tributions of this company be insufficient to pay and satisfy
all losses and expenses, in such case a just average shall be
made, and the payment to be demanded by virtue of any
policy shall be a dividend of such stock and contributions,
in proportion to the amount of losses and expenses.
§ 9. The directors may divide the whole or any part of
the profits arising from the business of the company with
the parties insured, on such terms and conditions as they
INSURANCE COMPANIES. 639
may judge that the interest and welfare of the company-
may demand or require.
§ 10. The members of this company shall be bound and
are hereby obliged to pay their proportion of all losses and.
expenses happening and accruing during the time for which
they are insured, to the amount of their premium notes and
cash premiums, and no more.
§ 11. Applications for insurance shall state all the ma- Applications,
terial facts and circumstances affecting the risk ; and the
statements made in the application shall be binding on the
insured and a warranty on his or their part.
§ 12. It shall be lawful for this company to insure any
risk or any part of any risk on which they have made in-
surance.
§ 13. The home office of said company shall be located in Home office.
the city of Elgin, county of Kane, and state of Illinois ; but no
policy shall be issued by said, company until applications
have been received for at least fifty thousand dollars.
§ 11. When an action is brought for the recovery of any Actions,
assessment, or any premium note, or on any note for premium
given to this company, the certificate of the president and
secretary, under seal of the company, stating the amount
due the company on such note or notes, shall be taken and
received as prima facie evidence thereof in all courts and
places whatsoever.
§ 15. In case any member of this company shall refuse Policy, when
or neglect to pay his, her or their assessment, as levied by
the directors, for the space of thirty days after notice there-
of, his, her or their policy shall become void and of no effect.
§ 16. Suits at law may be maintained by this company suits.
against any of its members, and suits may also be main-
tained by any member against the company ; and in any
suit between this company and. any of its members, any
member shall be admitted as a competent witness for and
on behalf of this company.
§ 17. It shall be lawful for the secretary of this company Deputy secretary
to appoint a deputy, which appointment shall be approved
by the board of directors.
§ 18. The said company may insure against loss or insurance.
damage by fire of any building or other property, and also
against loss or damage by lightning, wind, rain, flood, tor-
nado, or any other risk that they may deem proper, and
charge and receive such premium therefor as may be agreed
by and between the parties.
§ 19. For the better security of policy holders, said com- Guarantee capi-
pany may receive a guaranty capital to any amount not ex-
ceeding two hundred thousand dollars, which shall be divi-
ded into shares of one hundred dollars each, and shall be
entitled to representation at elections of directors at the
ratio of one vote for each share, and shall be secured by
mortgages on unincumbered real estate, bonds, stock, or
640 INSURANCE COMPANIES.
other security, satisfactory to the board of directors. Said
capital shall be liable to the losses of the company whenev-
er the premiums therefor paid or agreed to be paid are in-
sufficient to pay the same, and the said company shall pay
an interest on said capital, but not to exceed seven per
cent, per annum, and assessments made on such capital
shall be reimbursed from the funds of the company before
any dividends of profits shall thereafter be made to the
policy holders.
^estment of g 20. The board of directors may invest and employ the
funds of the company in such way and manner as they may
judge that the interest and welfare of the company require,
but nothing contained in this act shall be so construed as to
authorize said company to perform any banking privilege,
or to issue any certificate of deposit to circulate as money or
currency.
§ 21. This act shall be deemed a public act, and be libe-
rally construed for the purposes therein contained, and take
effect and be in force from and after its passage, and con-
tinue fifty years.
Approved Feb. 15, 1865.
funda,
In force Feb. 16, AN ACT to incorporate the Excelsior Insurance Company.
1865. ' l J
Section 1. Be it enacted by the People of the State of
Illinois, 7 epresented in the General Assembly, That, from
Corporators. the time this act shall take effect, Jarvis R. Smith, James
Thompson, Anthony Burdick, William Drury, M. Van Bu-
ren Shattuck, Wells Willitts and Thomas Cabeen, and all
other persons who may hereafter associate with them, in the
manner herein prescribed, shall be and they are hereby
created a body politic and corporate, by the name and style
of "The Excelsior Insurance Company;" and by that
Powers. name may sue and be sued, appear, prosecute and defend
in any court of record or other court or place whatsoever;
may have and use a common seal, and alter and renew the
same at pleasure ; may purchase and hold such real and per
sonal estate as may be necessary to effect the objects of their
corporation and association, and sell and convey the same at
pleasure; may make and establish such by-laws, ordinances
and resolutions, not being contrary to the laws of this state
or of the United States, as may seem necessary or convenient
for their regulation and government, and for the manage-
ment of their affairs; and may do and execute such acts
and things as may be necessary to carry into effect the pur-
poses and provisions in this act.
INSURANCE COMPANIES. 641
§ 2. That all and every person or persons who shall at Memberaofcom-
u «/ i j puny,.
any time become interested in said company, by insuring
therein, and also their respective heirs, assigns, executors
and administrators, continuing to be insured therein, as
hereinafter provided, shall be deemed and taken to be
members thereof, for and during the term specified in their
respective policies, and no longer ; and shall at all times be
bound and concluded by the provisions of this act.
§ 3. The affairs of said company shall be managed b}T a Director*,
board of not less than five nor more than nine directors, as
may be regulated by the by-laws of said company. Said
directors shall be elected from among the members of said
company, and shall have power to perform such duties as
are hereinafter provided, or as may be directed by the by-
laws of said company. They shall elect a president, secre-
tary and treasurer. The executive committee of said com-
pany shall possess all the powers of said board of directors,
when the board is not in session.
§ 4:. This company may make insurance on all descrip- insurance,
tions of property against loss or damage by fire, lightning,
wind, and risks of inland navigation and transportation ;
and may cause themselves to be re-insured upon the whole
or any part of any risk on which they may have made
insurance.
§ 5. The rates of insurance shall be fixed by the board R^ of insuT-
of directors or executive committee of said company. Pre-
mium notes may be received from the insured, which shall
be paid at such time or times, and in such sum or sums, as
the directors or executive committee shall require, for the
payment of losses and expenses. Any person applying for
insurance may pay a definite sum of money, in full for said
insurance, in lieu of premium notes, The cash premiums
and premium notes and guarantee capital shall constitute
the capital stock of said company.
§ 6. The directors of said company may levy an assess- Assess.ment °f
o . r J m i/ J premium notes
ment upon the premium notes, at any time they may deem
it necessary, for the payment of losses and expenses. The
members of this company shall be and they are hereby
bound to pay their proportion of all losses and expenses,
and accruing during the time for which their policies were
issued and in force, to the amount of their premium note
and cash premiums, and no more.
§ 7. Whenever any assessment is made upon any pre- Pol;cy. wne71
mium note given to said company, and the maker thereof
shall neglect or refuse to pay the amount claimed by said
company, for the space of thirty days after notice of such
assessment — which notice shall be given in the manner pre-
scribed by the by-laws of said company — his, her or their
policies shall become null and void, and of no effect, until
such payment is made : Provided, the manner of giving
the notice required by the by-laws shall be stated in all
642
INSURANCE COMPANIES.
Payment
losses.
Policies.
Directors.
Proxies.
Vacancy.
Failure to
elections.
hold
Guarantee fund.
policies issued, and an action may be brought at law for the
recovery of said assessment, or of the premium note ; and
in case an action is brought, as aforesaid, the certificate of
the secretary of said company, stating the amount due, shall
be taken and received as prima facie evidence in all courts
and places whatsoever.
§ S. Said company may insure property at its full cash
value ; and if the property is not insured at its full cash
value, this company shall not be to any greater proportion
of the loss or damage than the amount insured thereon shall
bear to the whole cash value of the property insured and at
risk at the time of the loss or damage; but if insured at
its full cash value, said company shall pay the full amount
of the loss or damage, within or at the end of ninety days
after the receipt of full and satisfactory proofs ; or said
company may rebuild or repair the building or buildings
within a reasonable time, and replace the articles so de-
stroyed with others of the same value, by giving notice of
their intention so to do, within thirty days after having re-
ceived said proofs of such loss ; and if the party or parties
be not satisfied with such determination, they may bring an
action against said company for said loss or damage.
§ 0. This company shall have power to issue policies for
any term of years not exceeding ten.
§ 10. The first five persons named in the first section of
this act shall be and they are hereby constituted a board of
directors for said company, to serve until the first annual
election for directors, herein provided for, and until others
are chosen. They shall be elected on the first Tuesday in
May, in each year ; and such election shall be held at the
office of said company, at such hour of the day as the
directors or executive committee may, for the time being,
appoint. Such election shall be made by a plurality of the
votes of members present, or their proxies, allowing one
vote for each policy held by members offering, and in force
at the time of the member offering to vote. The directors
or executive committee are hereby authorized to provide
forms for the appointment of proxies, and to specify the
evidence that may be required of the execution thereof.
§ 11. All vacancies in said board of directors, for any
cause whatever, may be filled by the remaining part of said
board, from among the members of said company.
§ 12. If it shall so happen that election of directors of said
company shall not be held on the day when, pursuant to
this act, it ought to have been made or held, this company,
for this cause, shall not be deemed dissolved, but it shall
be lawful on any other day to make and hold an election,
notice of which shall be given in the manner prescribed by
the by-laws of said company.
§ 13. For the better security of the policy holders, the
said company may receive guarantee United States, Illi-
INSURANCE COMPANIES. 643
nois bonds, national bank stock, or mortgages on real estate,
worth twice the amount of the incumbrance, to be approved
by the board of directors or the executive committee thereof,
to the amount of five hundred thousand dollars ; the makers
whereof shall be paid, in consideration of such guarantee,
a compensation, to be determined by the board of directors
or executive committee, but not to exceed one per cent, per
annum. Such notes or mortgages shall be entitled to repre-
sentation in the election' of directors, in ratio of one vote
for every one hundred dollars, and shall be liable for the
losses and expenses of the company, whenever the cash
premiums are insufficient to pay the same. Scrip certificates
may be issued for such guarantee fund, transferable only on
the books of the company.
§ 14. The secretary of said company may appoint a Deputy,
deputy, whoso powers shall be set forth in his certificate of
appointment, and entered upon the record books of the
company .
§ 15. The home office of said company shall be at Mon- nome office.
mouth, in the county of Warren, and state ot Illinois, until
the board of dire. -tors shall determine otherwise; and they
are hereby empowered to remove the home office from said
place to any other in this state, whenever they may deem
that it would advance the interests of said company so to do.
Unless the said company shall be fully organized within one
year from the passage of this act, the same shall be null and
void.
§ 16. This act shall be deemed a public act, and be libe-
rally construe! for the purposes therein mentioned, and be
in force from and after its passage.
Approved February 16, 1865.
AN ACT to amend an act entitled "An act to incorporate the Farmers' In- In force Feb. 15.
surance Company," approved February 16, 185V. 1S65,
Section 1, Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, for the
better security of policy holders in the Farmers' Insurance capital stock.
Company, it shall be lawful for said company to add to the
capital of the company a stock capital of not to exceed five
hundred thousand dollars, divided into shares of one hun-
dred dollars each — the said stock to be deemed personal
property, and transferable only on the books of the com-
pany; and no stockholder shall be permitted to transfer his
stock while he is indebted to the said company.
§ 2. The executive committee of said company are Executive com-
hereby appointed commissioners for the procurement of
Stock notes.
644 INSURANCE COMPANIES.
said stock capital ; and when so much of said stock capital
shall have been subscribed as shall be deemed expedient,
the said commissioners shall call in, by personal or public
notice of at least ten days, such an amount of such stock
capital as they may deem expedient, not less than ten dol
lars on each share, which shall constitute the first installment
on the stock capita] ; and they shall require the residue of
said stock to be secured by good and legal stock notes, se-
cured to the satisfaction of the executive committee of said
company; and it', at any time, the directors or executive
committee of said company shall consider any of the stock
notes insecure, they shall have power, and it is hereby made
their duty, to require additional security on the same, under
such penalties and forfeitures as said company may provide
in their bydaws.
Tax on stock. § 3. JSTo stockholder shall be liable for taxes on any
stock in this company, held by him, which may be assessed
to said company.
Dividends. § 4. It shall be lawful for said company to make divi-
dends to the stockholders of said company of the interest
received from the investment of their stock capital or cash
surplus; also, to make dividends of so much of the profits
arising from the business of said company, as to them shall
seem advisable.
^neT-t hold pr°' § ^' Said corporation may purchase and hold such real
estate as they may deem convenient or necessary for the
transaction of its business, and also to have and hold any
real estate as security, by mortgage or otherwise, to secure
the payment of debts due to said company, either for shares
of stock capital or otherwise ; also, to purchase real estate
at any sale in virtue of any judgment at law, decree in equity,
mortgage, or deed of trust, in favor of Paid company.
mi pre- g g, ^he capital of said company shaall consist of the
iniuiu notes.
capital stock, and the premium note received and held by
said company as part consideration of policies of insurance
issued b}' said company; and thu said company is author-
ized to insure all classes of property against loss or damage
by lire, lightning or wind, accidents, life or other risks, and
may charge and receive such premium therefor as may be
agreed by and between the parties, either upon the mutual
or stock principle, or both ; and may cause themselves to
be re-insured against any risk on which they may have
made insurance.
Classes of risks. § 7. The directors are hereby authorized to divide the
business or risks of the company into two or more classes,
according to the hazard or nature of the risks; in which
case the premium notes, premiums and other funds belong-
ing to any one class, shall in no event be liable for the pay-
ment of the loss or losses of any other class or classes ; and
in case of any loss under any policy issued by this company,
such loss shall be paid out of the funds of the class to which
INSURANCE COMPANIES.
045
such policy may belong, and such class only may he pro-
ceeded against for such loss. The said company shall be General rowers.
capable, in law and equity, of pleading and being impleaded,
and shall have perpetual succession, in all cases, courts and
places whatsoever; suits at law may be maintained by this
company, by a member or members, or any stockholder,
against any of its members or stockholders; and suits may
also be maintained by any member or stockholder against,
this company; and in any suits against this company, any
member or officer shall be a competent witness for and in be-
half of said company, excepting suits in which he, she or
they shall be directly a party. Suits against this company
may be commenced in any county where plaintiff shall reside,
or loss occur, and process may be issued to any county in this
state; but service shall be had on the president, vice-presi-
dent or secretary, or any of the directors of the company,
in the manner required by law in suits against corporations.
§ 8. Every person or persons insured in and by said Members,
company, upon the mutual plan, shall be deemed members
of the company ; and at the election of directors, each
stockholder shall have one vote, either in person or by
proxy, fur each share of stock held by him, her or them ;
the evidence required in the execution of proxies to be the
same as is now required by the original charter and the by-
laws of the company. After the stock capital shall have
been subscribed, in accordance with the provisions of this
act, the directors of the company shall be stockholders at Directors.
the time of their election, and they shall hold their offices
until others are chosen in their stead ; and the said company
shall determine by their by-laws the number of directors
that shall constitute a quorum for the transaction of busi- Quorum.
ness.
§ 9. In case the cash premiums, together with the pre- Losses, now
• • -i i • t ' &. . f n paid.
mium notes received by said company tor insurance, snail
not be sufficient to pay all losses and expenses in either
class or department, the stock capital shall in that case be
applied to make up the deficit ; and in case of any loss or
losses whereby the stock capital of said company shall be
lessened before all installments are paid in, each stockhold-
er's estate shall be held accountable for the installments that
may remain unpaid on his, her or their share or shares, at
the time of such loss or losses taking place, and no more;
and no subsequent dividend shall be made until the sum
arising from the profits of the business, or additional install-
ments on the stock capital, shall be paid said company,
equal to such diminution.
§ 10. Any director or agent of said company, or other Embezzlement,
person, who shall collect or receive money, or other goods or
chattels, belonging to said company, and shall not account for,
deliver and pay over the same to said company, upon demand
by said company, or by any officer or agent of said company
64:6 INSURANCE COMPANIES.
duly authorized to receive the same, any such director,
agent, or other person, on conviction thereof, shall be
deemed guilty of embezzlement, liable to indictment there-
fur, and shall be fined not exceeding five hundred dollars,
and imprisoned not exceeding one year.
Act repealed. §11. So much of the act to which this is an amendment
as is inconsistent with this act shall be and the same is
hereby repealed. This act is hereby declared a public act,
and shall take effect and be in force from and after its pass-
age.
Approved February 15, 1S65.
la force Feb. 16, _A_N ACT to amend the charter of the Farmers' and Merchants' Insurance
• Company and the act amendatory thereof.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the Far-
Additionai Pow- mers' and Merchants' Insurance Company may, in addition
to insuring property against loss or damage by lire or light-
ning, as heretofore granted, may also insure all descriptions
of property against loss or damage by wind; and also to in-
sure against loss or damage by fire, water, or from other
causes, vessels of every description, and their cargoes, goods,
wares, merchandise, produce, and property of every kind,
in store, on board, or in course of transportation by land or
water; and to make all and every insurance connected with
accidental loss of life, or personal injury sustained by acci-
dents of every description ; which insurances shall be effected
upon such terms and conditions as may be agreed upon be-
tween the company and the insured.
Notes not paid. § 9,. That when any person or party effecting insurance
of any kind in said company, and gives in payment of such
insurance a note, divided into installments or yearly pay-
ments, (such notes being a part of the capital of the com-
pany,) a failure to pay one of said installments, or the party's
cash premium, after giving the insured notice that such cash
premium or installment (as the case may be) is due, in ac-
cordance with the by-laws of said company, if the person or
party so notified fails, for the space of thirty days after such
notice, to pay such cash premium or installment due, as the
case may be, said party so failing to pay may be proceeded
against for the collection of the whole of said party's in-
stallment note, precisely in the same manner as laid down in
section (1) one of an act to amend the charter of said com-
pany, approved February 13th, 1863, and applicable to the
collection of assessments.
§ 3. This act shall take effect from and after its passage.
Approved February 16, 1865.
INSURANCE COMPANIES. 64:7
AN ACT to incorporate the Farmers' Mutual Fire Insurance Company, of in force Feb. 16
Palmyra, Lee County, Illinois. 1365.
Section 1. Be it enacted by the People of the State of
Illinois.^ represented in the General Assembly, That C. B.
Thummel, O. H. Martin, E. B. Chase, Abijah Powers, Levi Name and style
Gaston, F. W. Coe, A. I). Moon, Charles Lawton, A. D.
Whitcomb, W. W. Bethea, Bichard Peck, John H. Page,
and "Walter Rogers, their associates, successors and assigns,
are hereby created and constituted a body corporate, by the
name, style and title of " The Farmers' Mutual Fire Insu-
rance Company, of Palmyra, in the county of Lee," and by
that name shall have perpetual succession, with all the legal Powers,
incidents of a body politic and corporate in law, and may
sue and be sued, and use a common seal, and alter and
change the same at pleasure, make all by-laws, rules and
regulations that shall be necessary and convenient for the
government of the said corporation, not inconsistent with
the constitution or laws of the United States nor of this
state, and generally to do all and singular the matters which
to them lawfully appertain to do for the well being of said
corporation and the management of the affairs thereof: Pro- Proviso.
vided, that if the corporation created by this act shall not
be organized within one year from the passage thereof, then
this act shall be null and void.
§ 2. That the said corporation shall not hold. any prop- May onot hold
erty except what may be absolutely necessary for the trans- pi°
action of their corporate business, or such as shall be taken
in security for or in payment of debts, nor shall any by-laws
be repugnant to this instrument, the constitution of the
United States or of this state.
§ 3. That the power of this association shall be vested Managers.
in thirteen managers. At the first meeting of the board of
managers of the Farmers' Mutual Fire Insurance Company
of Palmyra, in the county of Lee, which shall be held after
the passing of this act, the members of said board shall be Three classes of
divided into three classes, two of which shall consist of four managers-
members each, and one of five members. The seats of the
first class shall be vacated at the expiration of the first year,
of the second class at the expiration of the second year, and
of the third class at the expiration of the third year, so that
one class shall be chosen every year.
§ 4. That each insurer in or with this company shall be Term of member-
a member thereof during the term of his or her policy, and s lp-
no longer.
§ 5. That general meetings of this company shall be Annual meet
held annually, on the first Tuesday of June, at some con- lng3'
venient place in the town of Palmyra, in the county of Lee,
and also whenever called by the board of managers, or when-
ever requested by twenty members. And the members
shall, at such general meetings, pass all by-laws, rules and By-ia™.
648 INSURANCE COMPANIES.
regulations necessary for the well governing of the affairs
of the corporation, or vest the power so to do in the board
of managers. All elections shall be by ballot, and each
member entitled to one vote, and no proxy votes shall be
judges of c-u-c- given. The elections shall be conducted by three judges,
chosen by the members present for that purpose, who shall
certify under their hands the result of said elections, and
the same shall be filed with the papers of the corporation.
officers. The managers for the time being shall choose from among
their own numbers a president, arid shall appoint a secretary
and treasurer, who shall continue in office for one year, or
till their successors are chosen or appointed; shall also ap-
point such other agents and officers as may be necessary,
fix their respective fees and salaries, and require such bonds
for the faithful discharge of the duties assigned as may be
deemed necessary, or the interest of the company may re-
quire, and shall have full power to suspend, remove or dis-
vaeancy. place any such officer or agent of the company, and supply
any vacancy which may happen by death, removal or resig-
nation, from among their own members, until the next ensn-
}iook«ofrecoi-a. jng election. They shall procure a book or books, wherein
shall be fairly and legibly entered all the transactions of the
board of managers, which books shall at all times be open
for the inspection of the members of said corporation, and a
copy or copies thereof, signed by the president and attested
by the secretary, shall be deemed and taken as legal evi-
dence against the corporation, as the transaction of said
board of managers, a copy of which shall be furnished at
the request of any member; and said officers shall, at the
annual meeting of the members, present to the company a
general and detailed statement of its affairs.
insurance. g (], That the president and managers shall have full
power, on behalf of said corporation, to make in urances
against loss by fire on any house, tenement, barn, or other
buildings, and on goods, wares, effects, and on household
furniture therein, on live stock, and on hay, grain and other
agricultural products, in barns, stacks or otherwise stored,
but shall not effect insurance on any store, mill, factory or
shop, nor on books of account, bills, bonds, ready money,
jewels, plate, paintings or engravings, and shall have power
to make, execute and perfect such and so many contracts,
bargains, agreements, policies and other instruments, as
shall or may be necessary and as the nature of the case may
policy. require. And every such contract, agreement or policy to
be made by said corporation, shall be signed by the presi-
dent and attested by the secretary, and also shall be signed
by the party insured.
investment of § 7. It shall be lawful for said company to employ and
capita . invent all moneys received by them, and the profits thereof,
in purchase of any ground, rents or mortgages, or any loans
or stocks of the United States, or of this state ; and no
INSURANCE COMPANIES. • 049
money shall be drawn from the funds of the said company,
for the purpose of making dividends, or dividing profits, or
for other purposes than first to defray the current or inci-
dental charges of the corporation, and then for the purpose
of such damages as any member of said company or insurer
therein may be justly entitled to; and when the just de-
mands of any insurer in said company, or member thereof,
shall exceed the amount of its available funds on hand, such
sums as shall be necessary to pay the same shall, without
unnecessary delay, be assessed by the board of managers
on insurances, each member to pay in proportion to the
amount he has insured, and publish the same ; and all and
every of the members of the company shall pay into the
hands of the treasurer his, her or their proportionable rates,
within thirty days after such publication aforesaid ; and if Suspension of
any member shall refuse or neglect to pay as aforesaid, for pollcy-
the period of sixty days, his, her or their policy or policies
shall become suspended until payment shall have been
made, and shall, notwithstanding, be liable to said notes pur-
suant to his, her or their covenant or agreement.
§ 8. Every member of this company who shall sustain Notice of loss.
any loss by fire, shall give notice in writing, within fifteen
days, to the president or secretary of said company, who
shall appoint a committee of three, from the board of mana-
gers, who shall assess the damages and report the same to
the board of managers, through the president or secretary,
within two weeks from the time of their receiving notice of
their appointment, and the board of managers shall, with
all convenient expedition, after receiving such report and
ascertaining the sum which said party shall be lawfully en-
titled to, make provision and payment as is herein specified.
§ 9. The members shall, at their general meetings, fix Rates of insm--
such rates of insurance and incidental charges and fees as
may be deemed equitable and just, or vest the power so to do
in the board of managers, and any person who shall become a
member of this corporation, by effecting insurance therein,
shall, the first time he effects insurance, and before he, she
or they shall receive his, her or their policy, pay the rates
that shall have been fixed and determined upon ; and no
premium so paid shall be withdrawn from the company
during the continuance of its charter,
§ 10. That in case any insured named in any policy or Assignment of
contract of insurance made by the said corporation shall poUcy-
sell, convey or assign the subject insured, it shall be lawful
for such assured to assign and deliver to the purchaser such
policy or contract of insurance, and such assignee shall have
all the benefits of such policy or contract of insurance, and
may bring and maintain a suit in his or her own name:
Provided, that before any loss happens, he, she or they shall Proviso,
obtain the consent of the president and secretary to such
assignment, and have the same indorsed on or annexed to
—49
650
INSURANCE COMPANIES.
Repeal not
offset rights.
suck policy or contract of insurance, to be according to tke
foregoing directions for tkat purpose, anu not otherwise.
§ 11. Nothing in this ckarter shall be so construed as
to allow any of tke funds of tke association to be used for
banking or manufacturing purposes.
§ 12. If at any time it shall appear tkat tke chartered
privileges hereby granted are injurious to the public welfare,
the power thereof to repeal shall not affect any engage-
ments to which the said company may have become a party
previously thereto, and the said company shall have a rea-
sonable time to bring their accounts to a final settlement.
Suits at law may be prosecuted and maintained by any
member against tke corporation, for losses or damages in-
curred by them, if payment is witkkeld for more tkan
ninety days after tke corporation is notified of suck losses.
Approved February 15, 1865.
In force Feb. 16,
1S65.
AN ACT to incorporate the Federal Union Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, Tkat Sylves-
Name and style, tei* S. Mann, Aaron K. Stiles, James H. Beveridge, S. C.
Hapgood, Tyler K. Waite, James S. Waterman and Charles
Kellum, and their associates, successors and assigns, be and
hereby are created a body corporate and politic, under tke
name and style of tke " Federal Union Insurance Com-
pany," and by suck name may have perpetual succession ;
Powers. may sue and be sued, implead and be impleaded, answer
and be answered unto, in all courts and places whatsoever,
and to have and use a common seal, and to renew or alter
the same at pleasure ; said company shall have power to
purchase, hold, enjoy and convey all such real or personal
property as shall be necessary for the convenient transac-
tion of the business and affairs of said company, and for
the preservation and safe keeping of books, papers and
records of said company, and also to make all such by-laws,
rules and regulations not inconsistent with the constitution
and laws of the United States or of this state, as shall be
necessary for the proper management, regulation or control
of the business or affairs of said company, and amend or
repeal the same.
insurance. g 2. Said company shall have power to insure any and
all persons, companies and corporations against loss or dam-
age by fire, lightning or wind, to any dwelling house, store,
shop or other building, household furniture, merchandise or
other property, whether personal or real, and against acci-
dents of every description, both to persons or property, and
INSURANCE COMPANIES. (351
against all risks by inland navigation and transportation of
persons or property, including navigation and transportation
upon any and all the rivers, canals and lakes within the
United States of America, and the several provinces of
North America, belonging to the government of Great
Britain, and also including transportation upon all railroads
within the United States and said British provinces, and to
do all such acts and things appertaining to such business of
insurance as may be necessary for the proper transaction of
the same.
§ 3. The capital stock of said company shall not be less Capital stock
than one hundred thousand dollars, and may be increased
to any sum, not exceeding five hundred thousand dollars,
to be divided into shares of one hundred dollars each, and
said stock shall be personal property and be assessable and
transferable only on the books of said company, under
such regulations as the directors may establish.
§ 4. The persons above named are hereby appointed commissioners
commissioners to receive subscriptions to the capital stock to°Penbooks
of said company, and shall, as soon after the passage of
this act as they or a majority of them shall deem advisable,
open bo~>ks to receive subscriptions to said capital stock,
and whenever not less than one hundred thousand dollars
of said capital stock shall have been subscribed and not less
than live per cent, thereof actually paid in to said commis-
sioners, in good faith, in cash, said company shall be when to organ-
authorized to become organized under this act, and to select lze'
a board of directors and to enter upon the transaction of
said insurance business.
§ 5. The board of directors shall be authorized to elect officers.
a president, vice president, secretary, treasurer and general
agent for said company, and such other officers as they may
deem proper, and determine the term of office and mode of
election of the same ; to enact all by-laws, rules and regula-
tions of said company, and to provide for the appointment
of all such committees, attorneys, agents and servants as to
said board of directors shall seem proper. The first board First board.
of directors shall consist of nine members, all of whom
shall be stockholders of said company, and the number of
directors may thereafter be increased or diminished by said
company, not however, to be less than five nor more than
thirty-one, and no person shall be eligible to the office of
director, who shall not, at the time of his election, be the
owner in good faith, in his own right, of at least five shares
of the capital stock of said company, and in all elections
each share of said capital stock of said company shall be
entitled to one vote.
§ 6. Said company on becoming organized, and before certificate of or-
transacting any insurance business under such organization, gamzatlon-
shall file a certificate of such organization, specifying the
amount of capital stock subscribed and the amount actually
b02 INSURANCE COMPANIES.
paid in, in cash, and the names of the first board of direc-
tors, and the term of office for which they were elected,
which certificate shall be executed under the hands and
seals of said directors, and acknowledged by them before
some officer authoriz d to take the acknowledgment of deeds
and records in the office of the clerk of the circuit court of
the county of Delvaib, and on recording said certiiicate,
said company shall be deemed fully organized and entitled
to enter upon and exercise and enjoy all the rights and
franchises conferred by this act, and said company shall
have power to charge and receive for insurance, as provided
in this act, such premium or premiums as shall be agreed
upon between the paities, either upon the stock or mutual
plan of insurance or both.
installments. § 7. The board of directors shall have power, from time
to time, to require the payment of additional installments
of said capital stock until the whole of said capital stock
shall be paid in, and the real and personal property of each
stockholder shall be held liable for any and all losses and
liabilities of said company to the amount of stock subscribed
by him and not paid in and no more ; and the said directors
may cause said capital stock to be invested in the bonds of
the United States or this state, or in the stocks of any
national bank organized under any law of congress or in
mortgages upon real estate, said land in all cases to be
unincumbered, and to be worth at least fifty per cent, more
Dividends. than the amount secured thereon; and said company may,
under such rules as said directors may prescribe, make divi-
dends to said stockholders out of the net profits of the
business of said company.
Home office. § 8. The principal office of said company shall be loca-
ted in the town of Sycamore, in said count}r of DeKalb,
but the officers of said company may appoint such agents in
other places as they may deem necessary.
Buy and seii § 9. Said company shall have power to receive, hold,
sell and convey al1 such property, personal or real, as shall
be mortgaged, pledged, sold or conveyed to them in security
or payment of any indebtedness due in good faith to said
company, or in any manner in good faith owing to them or
conveyed to them under any sale by virtue of any legal
process, decree or order of any court, made for and upon
any such indebtedness.
Policies. § 10. All policies of insurance issued by said company
shall be signed by the president or vice president and secre-
tary, and all such policies shall be valid and binding on said
company.
Annual state- § 11. A statement of the true condition of the company
inent' shall be made to the stockholders each year by the officers
thereof, under oath, at the time of the annual election of
directors.
Limit of time. § 12. Unless the said company shall be organized within
property.
INSURANCE COMPANIES. 653
twelve months after the passage of this act, then this act
shall be null and void, and nothing herein contained shall
be construed so as to permit said company to do banking-
business.
§ 13. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved February 16, 1865.
AX ACT to amend the charter of the Fire and Tornado Insurance Company, in force Feb. 16,
of Freeport, Illinois. 1SG5-
Section 1. Be it enicted by the People of the State of
Illinois, represented in the General Assembly, That section
(5) five of the amendment to the original charter of this Applications for
company, be and the same is hereby so amended as to read
as follows, to wit: "This company may receive applications
for and issue policies of insurance against loss or damage
by fire, lightning, wind, storms and tornadoes, for any term
not exceeding ten years ; the rates of such insurance may
be fixed and regulated by a majority of the board of direc-
tors or by the executive committee, and premium notes may
be received from the insured, which shall be paid at such
time or times, and in such sum or sums as the directors shall
require for the payment of the Iopscs and expenses of the
company; the directors or executive committee may also fix
the amount that each party shall pay at the time of insuring,
and any party applying for insurance so electing, may pay
a definite sum of money in full for such insurance and in
lieu of a premium note.
§ 2. Any person applying for insurance against loss or Rates of in?ur-
damage by tornadoes, may pay such rates as the directors
or executive committee may adopt, or may effect such insu-
rance at the rate and in the manner specified and set forth
in section three (3) of the original charter of this company,
and all persons giving premium notes for insurance in this
company against loss or damage by fire, lightning, wind,
storms or tornadoes, shall be bound to pay their proportion
of the losses and expenses of the company over the cash
receipts, and the same privileges shall be granted to this
company for the collection of such premium notes or such
portion or portions of them as may be required to pay such
losses and expenses as are recorded and granted to said
company in section three. (3,) of original charter of this com-
pany for the payment of the losses and expenses of the
company and section nine (9) of the amendment to the
original charter.
§ 3. That the second (2) section of the amendment to classes of risk?.
said charter be and the same is hereby so amended to read
054- INSURANCE COMPANIES.
as follows, to wit : "The risks of this company shall be
divided into two (2) classes or departments, and policies
shall be issued in each department in accordance with the
kind of risks and the terms of the application made to this
company for snch insurance.
cash premiums. § 4. And be it further enacted, That it shall be lawful
for the Fire and Tornado Insurance Company of Freeport
to receive at the time of insuring, any person or persons a
note or notes, payable in installments for the cash premium,
or any part thereof, which note or notes may be in addition
to or in lieu of a premium note, installments upon such note
or notes, shall be due at such time or times as may be agreed
policy, when upon and stated in the note. If the maker of such note or
notes shall neglect or refuse to pay the amount of any
installment for the space of thirty (30) days after the same
shall fall due by the terms of such note or notes, then and
in every such case the policy issued in part or whole consid-
eration of such note or notes, shall be null and void until
the same is or are paid, and if any person or persons making
such note or notes, shall neglect or refuse to pay any install-
ment for the space of thirty (30) days after the same shall
fall due, notice having been given by mail or otherwise, to
the maker of such note or notes, of the maturity of the sam?
and of the penalties and forfeitures in case payment is not
made, then and in every such case, the whole note upon
which the installment is due shall become due and payable,
and the said company may proceed at law and collect the
whole note or notes given for and in consideration of any
policy of insurance, with costs of suit, upon the satisfaction
of any judgment, the policy issued in part or whcle consid-
eration of such note or notes, upon which suit is brought,
shall become in full force and virtue. Payment upon such
note or notes shall be made at the office of said company in
the manner provided for the payment of assessments upon
premium or deposit notes by the charter and the amend-
ments thereto of said company.
Guarantee capi- § 5. For the better security of policy holders, the said
Fire and Tornado Insurance Company are authorized to
receive a guaranty capital, not to exceed five hundred thou-
sand dollars, such capital to consist in hypothecated stocks,
mortgages or real estate, satisfactory to the board of direc-
tors or executive committee of the said company, such guar-
antee capital shall be liable for losses and expenses of the
said company whenever the cash premiums, installments
and premium notes are insufficient to pay the same, and
each person or persons subscribing to such guarantee capital
shall be liable to the amount of his, her or their subscrip-
tions, and no more. Such capital to be divided into shares of
one hundred dollars each, and each share shall represent
one vote at each annual election of directors of the said
company. Scrip certificates may be issued for such guaran-
INSURANCE COMPANIES. 655
tee capital transferable only on the books of the said company,
and a compensation may be allowed for such guarantee
capital, not to exceed one per cent, per annum of the amount
subscribed, so long as the said company continue to do a
mutual business.
§ 6. The said company may adopt, from time to time, By-iaws.
all such by-laws, rules and regulations, not inconsistent with
the laws of this state or of the United States, as they may
deem necessary for conducting, managing and carrying on
the business of stock insurance. The said company may Policies for 10
issue policies for such term of years, not exceeding ten, and yeais'
in consideration of such premium or premiums as may be
agreed upon.
§ 7. This act is hereby made a public act, and is to be
liberally construed for the purposes therein mentioned, and
shall take effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Fort Dearborn Insurance Company. In force Feb. 15,
18G5.
Section 1. Be it .enacted by the People of the State of
Illinois, represented in the General Assembly, That Chauncey
T. Bowen, B. P. Hutchinson, Phillip Wadsworth, William corporators.
B. Howard, Charles M. Henderson, William E,. Endicott,
William T. Hancock, Charles H. Ham, William Lill, Wil-
liam G. Lewis and Charles H. Wheeler, their associates and
successors, and all such persons as shall become stockhold-
ers, be and they are hereby created a body corporate and
politic, by the name and style of "The Fort Dearborn Insu- Name and style,
ranee Company." The corporation may have a common seal,
seal with power to change it at pleasure, and power to ap-
point all such servants and agents as it may deem necessary, Agents.
and may make, and ordain, and establish such by-laws, rules By-iaws.
and regulations for the management of its affairs as it may
think proper, not inconsistent with the laws and constitution
of the United States and the state of Illinois, and at its
pleasure to amend, alter and repeal the same, and to have
process and enjoy all the rights, privileges and immunities
necessary to carry into effect the objects and provisions of
this act, and to be recognized in all its rights and powers
without pleading the same in all the courts of the state of
Illinois.
§ 2. The capital stock of said company shall be five capital stock,
hundred thousand dollars, with power to increase the same
to any sum not exceeding five millions of dollars, by a vote
of the majority, in interest of the paid stock at the date of
such vote, which shall be divided into shares of one hundred shares.
656
INSURANCE COMPANIES.
Books opened.
Proxy vote.
dollars each, and which shall be deemed personal property,
and transferable on the books of the company onlj7 under
such regulation as may be adopted by the company.
§ 3. Books of subscription may be opened under the di-
rection of the board of directors, as hereby constituted, and
when the amount of capital stock as provided in the forego-
ing section, shall have been subscribed, and ten per cent,
thereof actually paid in, in cash, the said board of directors
may declare the company organized.
Krst board. § 4. The persons named in the first section of this act
shall constitute the first board of directors, in whom all the
powers of the corporation, not otherwise herein specially
limited and provided, shall be invested, and shall hold their
office until the first Monday in January next succeeding the
organization of the company, and until their successors are
Annual election, elected ; and on the first Monday of January, in each year,
during the continuance of said corporation, an election of
directors thereof shall be held in the city of Chicago, at such
time and place as the existing board of directors may pre-
scribe. The stockholders in said corporation, in person or
by proxy, shall be entitled to one vote for each share of
stock held by them, respectively, at the time of such elec-
tion, and the persons to the number of eleven, being stock-
holders, receiving the highest number of votes at such elec-
tion, shall be declared elected directors of said corporation
for one year, and shall hold their offices until the next an-
nual election and until their successors are elected ; and a
majority of the board shall constitute a quorum for the trans-
action of business. The board of directors may choose one
of their number president and another vice-president ; also,
a secretary and treasurer, and such other officers and agents
as they may deem necessary, and whose qualifications, du-
ties and compensation, and term of office, may be fixed and
prescribed in the by-laws, regulations and resolutions of the
board of directors, from time to time. The home office of
this corporation shall be at the city of Chicago, in Cook
county, Illinois.
§ 5. This company shall have power to make insurance
against loss by fire, on any and all kinds of property, houses
and fixtures, to make insurances and take all and any ma-
rine risks, and to take all risks and make insurance of lives,
and to fix, change and receive such rates of premium there-
for us may be agreed upon between the parties ; and to take
all risks and make insurance against accidents of every kind
whatever, upon such terms as may be agreed upon ; and any
or either of the risks and insurance, fire, marine, life, or
against accidents, may be done upon the stock or mutual
principle, or upon both together ; and said company shall
have power to reinsure against any and all risks by it so
taken.
Quorum.
Officers chosen.
Home office.
What may be in
sured.
INSURANCE COMPANIES. 657
§ 6. The corporation may declare dividends ; but all Dividends,
dividends shall be applied in payment of the capital stock
subscribed, until the amount subscribed by each sharehold-
er shall have been paid up in full by the dividends declared
upon the stock, and so of the stock subscribed, from time to
time, and the capital stock may be called in as may be re-
quired by the by-laws.
§ 7. The company may invest any surplus capital or surplus capita! .
other money on hand, in any kind of stocks or other securi-
ties deemed safe, or in real estate bonds and mortgages, or
may loan the same at any rate of interest not exceeding ten
per cent., and may discount the interest received on any
such loans. The company may own such real estate as may noid and sen
be needful to transact its business, and may take, hold, sell property-
and convey such other real estate as may be necessary to
secure any loan or debt due, by judgment or otherwise. In
all cases of loss exceeding the property and paid stock of the
company, each shareholder shall be liable for unpaid stock
from each.
§ 8. Said corporation may establish agencies, and do all Agencies,
such acts by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine and Applications,
prescribe in the by-laws the manner of making applications,
and the terms and conditions of the policy, and the manner
of adjusting losses. The board of directors may prescribe unpaid stock.
the manner in which the unpaid stock shall be secured.
§ 9. This act shall not be construed to authorize such
company to engage in the business of banking, and shall
take effect from and after its passage : Provided, however, Proviso,
that said corporation shall be organized within twelve months
after the passage hereof, or this act shall be null and void.
Approved February 15, 1865.
AN ACT to incorporate the Galena Mutual Fire Insurance Company. In for,c„efiFeb' 14'
ls.i,-».
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from
the time this act shall take effect, John Corwith, Chas. corporators.
Hempstead, James Carter, H. F. McCloskey, George Lukly,
and all other persons who may hereafter associate with them
in the manner hereinafter prescribed, shall be a body corpo-
rate and politic, by the name and style of "Galena Mutual Name an<J sty!e-
Fire Insurance Company ;" and by that name may sue and Powers,
be sued, appear, prosecute and defend in any court of record
or other place whatsoever ; may have and use a common Seal,
seal, and alter and renew the same at pleasure ; may pur-
658
INSURANCE COMPANIES.
Banking forbid.
Members
company
Management
affairs.
chase and hold such real and personal estate as may be ne-
cessary to effect the object of their association, and sell and
convey the same at pleasure ; may make, establish and put
in execution such by-laws, ordinances and resolutions not
being contrary to the laws of this state or of the United
States, as may seem necessary or convenient for their regu-
lation or government, and for the management of their af-
fairs, and do and execute all such acts and things as may be
necessary to carry into effect the purposes intended in this
act ; but nothing contained in this act shall authorize said
company to engage in any banking business, or to issue any
notes to circulate as money or currency
§ 2. All persons who shall at any time be insured in
this company shall be members thereof during the continu-
ance in force of their respective policies, and no longer, and
shall, at all times, be bound by the provisions of* this act.
§ 3. The affairs of said company shall be managed by a
board of directors, to consist of not less than three nor more
than nine members, as may be regulated by the by-laws of
said company. Said directors shall be chosen by ballot
from among the members of said company. A majority of
the whole board shall constitute a quorum for the transac-
Kxecutive com- tion of business. The executive committee of said company
shall possess all the powers of the board of directors when
said board is not in session.
§ 4. The board of directors shall elect a president, vice-
president, secretary and treasurer, who may hold their re-
spective offices for one year or longer, as may be determined
by the by-laws of said company, and until others are chosen
in their places. The board of directors shall also appoint
an executive committee to consist of three directors. Sub-
ordinate officers and agents may be appointed by the secre-
tary of said compan}7.
§ 5. This company may make insurance on a!l descrip-
tions of property against loss or damage by fire, lightning,
wind, and the risks of inland navigation and transportation ;
and may loan their capital or surplus funds on bottomry or
respondentia / and may cause themselves to be re-insured
upon the whole or any part of any risk on which they may
have made insurance.
§ 6. The rates of insurance shall be fixed by the board
of directors or executive committee of said company. Pre-
mium notes may be received from the insured, which shall
be paid at such time or times, and in such sum or sums as
the directors shall require, for the payment of losses and ex-
penses. Any person applying for insurance may pay a defi-
nite sum of money, in full for such insurance, in lieu of a
premium note. The cash premiums, together with the pre-
mium notes, shall constitute the capital stock of said com-
pany, which may be increased as hereinafter provided.
Officers.
Agents.
Loan capital.
Kates.
INSURANCE COMPANIES. 659
§ 7. The directors of said company may levy an assess- Assessment.
ment upon the premium notes of said company, at any time
they may deem it necessary, for the payment of losses and
expenses.
§ 8. The members of this company shall be and they
are hereby bound to pay their proportion of all losses and
expenses happening and accruing during the time for which
their policies were issued, to the amount of their premium
notes and cash premiums, and no more.
§ 9. Whenever any assessment is made upon any pre- when policy
mium notes given to said company, and the maker thereof
shall refuse or neglect to pay the same for the space of
thirty (30) days after notice of such assessment, his, her or
their policy shall be null and void until said assessment is
paid. It shall be sufficient notice to any member of said
company of the amount assessed upon his, her or their pre-
mium or deposit notes, to deposit in the post office at Galena
a printed or written notice, inclosed in an envelope, sealed
and postage prepaid, and directed to his, her or their post
office address, as written on his, her or their application for
insurance ; and in case an action is brought for the recovery
of any assessment clue said company, the certificate of the
president or the secretary of said company, under the seal
thereof, stating the amount of such assessment and mailing
of notice, shall be taken and received as prima facie evi-
dence in all courts and places whatsoever.
§ 10. The persons named in the first section of this act Annual election,
shall be and they are hereby constituted a board of directors
for said company, to serve as such until the first annual elec-
tion of directors for said company herein provided for, and
until others are elected. The directors for said company
shall be elected on the first Monday of December, in each
year ; and such election shall be held at the office of said
company at such hour of the day as the directors may ap-
point. Such election shall be made by a plurality of the
votes of the members present or their proxies, allowing one
vote for each policy held and in force at the time of the
members offering to vote. The directors or executive com-
mittee are hereby authorized, at any of their meetings, to
provide a form for the appointment of proxies, and to speci-
fy the evidence that may be required of the execution
thereof.
§ 11. All meetings of the board of directors and the Meetings.
executive committee are to be called in the manner pre-
scribed by the by-laws of said company.
§ 12. The secretary of said company may appoint a Deputy,
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
§ 13. The home office of said company shall be in the Home office,
city of Galena, in the county of Jo Daviess, and state of
060 INSURANCE COMPANIES.
Illinois. Said company may do business at any place by
agency. This act shall be void unless the directors organize
the company within one year from its passage.
classes of risks. § 14-. The directors of said company may divide the
business or risks into two or more classes, upon such condi-
tions as may be regulated by the by-laws of said company.
Records. § 15. The records of said company shall be competent
evidence in any suit between the corporation and a member
or members thereof. All process against said company
shall be served upon the president or secretary of said com-
pany, or other officers or agents thereof, as now provided by
law.
suits. § 10. In all suits by or against said company, any
member thereof shall be a competent witness, except in
suits in which such member shall be a party in his indi-
vidual capacity : Provided, he, she or they be not otherwise
disqualified.
vacancies. § 17. All vacancies in the board of directors may be
tilled by the remaining part of said board from among the
members of said company.
policy voui r is. When any property insured by this company shall
when property »/ a a ■/ -> i «/
alienated. be alienated, by sale or otherwise, the policy shall thereupon
be void ; but in such case it shall be lawful for such assured
to assign and deliver to the purchaser or purchasers such
policy of insurance; and assignee or assignees have all the
benefits of such policy, and may bring and maintain a suit
thereon in his, her or their own names : Provided, that be-
fore any loss occurs, he, she or they shall obtain the consent,
in writing, of the secretary of said company to such assign-
ment, and have the same indorsed on the said policy of insu-
rance.
Additional in- §19. If any alterations shall be made in any house or build-
mg by the proprietor thereot, alter insurance has oeen made
thereon with said company, whereby it may be exposed to
greater risk or hazard from fire than it was at the time of
making the insurance thereon, then and in every such case
the insurance made upon such house or building shall be
void, unless an additional premium and deposit, after such
alteration, be settled with and paid to the secretary of said
company ; but no alterations or repairs in buildings, not in-
creasing such risk or hazard, shall in anywise affect the in-
surance previously made thereon.
§ 20. It insurance on any house or building, household
goods, merchandise or other property, shall be and subsist
in said company, and in any other office, or from or by any
other person or persons, at the same time the insurance
made in and by this company, shall be deemed and become
void, unless such double insurance subsist by and with the
consent of this company, signified by indorsement on said
policy of insurance.
surance.
When insurance
void.
INSURANCE COMPANIES. G61
§ 21. This company may issue policies for insurance for Ten year policies
any period not exceeding ten years ; and any policy of insu-
rance issued by said company and signed by the president or
vice president and secretary shall be deemed valid and bind-
ing on said company.
§ 22. The directors shall settle and pay all losses within Losses, how and
three months after they have been notified, in writing, by wheu',aid-
the party suffering, unless they judge it proper to, within
the time named, to rebuild a house or houses destroyed, or
repair the damages sustained.
§ 23. Whenever the premium notes of said company *?ve proof buiid-
shall amount to the sum of seventy-five thousand dollars, or a"g'
before, if it should be thought expedient, the said directors
shall have power to build or cause to be built, or procure,
for the use of said company, a fire proof building, suitable
for the transaction of its business and for the preservation of
its funds and other property belonging to said company, by
reason or means of fire ; and, for providing said building, the
directors may assess the members of said company any sum,
not exceeding five per cent, of the amount of the premium
notes in any one year.
§ 24. For the better security of the policy holders, the Guarantee notes
said company may receive guaranty notes or mortgages upon
real estate, to be approved by the board of directors or by
the executive committee thereof, to any amount, not exceed-
ing four hundred thousand dollars, the makers whereof shall
be paid, in consideration of such guaranty, a compensation,
to be determined by the board of directors or the executive
committee thereof; but not to exceed six per cent, per an-
num. Such notes or mortgages shall be entitled to represen-
tation in the election of directors, in the ratio of one vote
for every one hundred dollars, and shall be liable for the
losses and expenses of said company, whenever the cash pre-
miums and premium notes are insufficient to pay the same.
And assessments made on such capital shall be reimbursed Dividends.
from the funds of the company before any dividends of
profits shall thereafter be made to the policy holders.; but
there shall be no assessments made upon the premium notes
of said members of this company for such reimbursement or
for compensation paid or to be paid for making such guar-
anty. Scrip certificates may be issued for such guaranty
fund, transferable only on the books of the company.
§ 25. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein contained, and take
effect and be in force from and after its passage.
Approved February 14, 1865.
662
INSURANCE COMPANIES.
In force Feb. 16, AX ACT to incorporate the Germania Fire, Marine, and Life Insurance Com-
lbb0- pany of Chicago.
Corporator?.
Name and style.
Powers.
Proviso.
Fire directors
Officers
Funds loaned.
Agencies.
Proviso 2.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Augus-
tus Beck, Ferdinand J eager, William H. Muller, Joseph
Frank, Theodore Hoffman, Charles Wirth, L. Brentano, A.
C. Hesing, Dr. William Wagner, and Jacob Kheme, and
their successors, assigns and associates, be and the same are
hereby created a body, corporate and politic, under the name
of " The Germania Fire, Marine, and Life Insurance Com-
pany of Chicago, Illinois ; " and by that name shall have
and enjoy all the rights, privileges, and immunities which
are necessary to transact insurance business ; and be recog-
nized in all the courts of justice and equity in this State :
Provided, that said company have no lien or liens upon the
property insured, or upon the property of the person or
persons insured, or any banking privileges. When the said
party, and their associates shall have subscribed one hun-
dred thousand dollars, and shall have paid in, as a company
fund, ten thousand dollars, and shall have secured the stock
not paid in by notes or bonds, secured by mortgage on real
estate, worth at least fifty per cent, more than the amount
secured or by pledge of the public stocks of the United
States, any of the states or counties therein, or incorporated
companies, the market value of which shall be equal to the
amount secured, and organized by choosing live directors,
and those directors shall have chosen one of their number
president, and appointed a secretary and treasurer, it shall be
deemed fully organized, and enjoy the powers herein confer-
red. The said company shall have power to make insu-
rances and take risks on all kinds of property, both marine
and tire ; on life and health, and all such risks as any in-
surance company have ; and charge and receive such pre-
miums therefor, as may be agreed by, and between the
parties, either upon mutual or stock principle, or both. The
company shall have power to use, invest, or loan its surplus
funds in or on stocks, bottomry and respondentia, or in bonds
and mortgages, or on personal security, at such rates as pri-
vate persons may legally do by the laws of this state ; and
may increase the capital stock to three hundred thousand
dollars. The said company may establish agencies, and do
all acts, not inconsistent with the laws of this state, neces-
sary to and for the full use and enjoyment, and to carry
out" the full objects of this act: Provided, that if the cor-
poration hereby contemplated is not fully organized, ac-
cording to the provisions hereof, within twelve months from
and after the passage of this act, then this act shall be void :
Provided, further, that the home office of the corporation,
hereby created, shall be located in the city of Chicago.
INSURANCE COMPANIES. 663
§ 2. This act shall be deemed a public act, and be liber-
ally construed for the purposes therein contained, and shall
take effect from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Great Western Horse Insurance Company, to In force Feb. 16,
insure against thieves. 1^65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That there be
established, in the city of Decatur, Illinois, an insurance Name and style,
company, to be called "The Great Western Horse Insu-
rance Company ; " for the purpose of insuring live stock
against thieves, as hereinafter specified.
§ 2 All such persons as shall hereafter become stock- powers,
holders of said company, and their associates, successors
and assigns, shall be and they are hereby declared to be a
body politic and corporate, by the name and style of " The
Great Western Horse Insurance Company;'" capable, in
law and in equity, in that name, to sue and be sued, to plead
and be impleaded, and to do all other matters and things
necessary in law to protect and defend its corporate rights ;
and may have a common seal, which they may change at
pleasure. The said company is hereby authorized, by and company brand.
through its proper agents and officers, to brand all animals
by them insured ; which brand shall consist of the letters
" H. I. Co. ;" and when appearing upon any animal shall
he prima facie evidence that such animal has been insured
in said company. It shall not be lawful for any personor
persons other than the regular officers or proper agents of said
company to brand any animal with the brand above de-
cribed ; and for every willful violation of this provision, the
offender may be prosecuted, in the name of the people of
the state of Illinois, before any justice of the peace, or pub-
lic magistrate, in the county wherein the same shall have
occurred ; which justice of the peace, or public magistrate,
may impose a fine, at his discretion, of not less than ten nor
more than fifty dollars.
§ 3. The capital stock of said company shall be not less capital stock.
than fifty thousand dollars, divided into snares of one hun-
dred dollars each ; which said stock shall be deemed per-
sonal property, and be transferable on the books of the
company.
§ 4. Horace C Stivers, Thomas O. Smith, John O. Books opened.
Sloan, and Daniel Haggart, are hereby' appointed commis-
sioners for procuring subscriptions to the capital stock of
said company; and they shall open subscription books in
the city of Decatur for such stock ; and said books shall be
M±
INSURANCE COMPANIES.
Home office.
Term of office.
Annual election
Officers.
Term of office.
Unpaid stock.
Proviso.
kept open, from time to time, until the said sum of fifty
thousand dollars shall have been subscribed. The home
office of said company shall be located at the city of Decatur.
§ 5. When fifty thousand dollars of said stock shall have
been subscribed, and ten per cent, actually paid in, said
commissioners shall notify the stockholders thereof, and
appoint a time and place, at which the}r shall meet and elect
nut less than three directors, whose duty it shall be to man-
age the business of said company ; and who shall hold their
offices for one year, and until others shall be elected in their
places. And, annually thereafter, the board of directors
shall be elected by the stockholders of said company, who
shall be entitled, in all elections, to cast one vote for each
share of stock.
§ 6. When the board of directors of said company shall
have been elected, as aforesaid, the above named commis-
sioners shall deliver to said directors the subscription books
moneys collected on subscription, and all other papers and
tilings in their hands, necessary to a full organization of said
company. And said board of directors shall proceed to
organize, by the election of a president and secretary ; they
may, also, elect any other officers or agents they may deem
necessary for the successful working of said company, who
shall hold their offices for one year, and until their successors
are elected. The board of directors may adopt such by-
laws, for the general conduct of the business of the com-
pany ; fix or change the location of the offices thereof, in-
cluding the principal office, or the amount of capital stock,
as they may, from time to time, deem advisable. They
shall, also, fix the salaries, and define the duties of all em-
ployees of the company.
§ 7. When the board of directors shall have organized
said company, as provided in section six, they shall, by
public or personal notice of at least ten days, require all un-
paid stock to be secured by good and legal stock notes, pay-
able, on demand, to said company, and shall issue therefor
certificates of stock, and setting forth the amount paid in cash
arid the amounts and terms of the notes for the residue.
§ 8. Said company shall have power to issue policies of
insurance; insuring against the loss, by a thief or thieves,
of horses, cattle, mules, asses, and live stock, generally ;
which policies shall be upon the stock plan, and upon such
terms and conditions as its board of directors may, from
time to time, determine, and to do all necessary acts and
things required in the law to make such policies legal, equi-
table, and binding. All policies of insurance issued by said
company, shall be signed by its president and secretary.
§ 9.„ This act shall take effect and be in force from and
after its passage : Provided, that if the corporation created
by this act shall not organize within one year from the pas-
sage hereof, then this act shall be null and void.
Approved February 16, 1865.
INSURANCE COMPANIES. 665
AH ACT to incorporate the Great Western Life Insurance Company. in force Feb 15,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Ben-
jamin F. Johnson, George Armour, E. K. Rodgers, T. B. corporators.
Carter, W. W. Boyington, and H. S. Brainard, and all oth-
ers who shall become associated with them, shall be a body
corporate and politic, by the name of "The Great Western Name and style.
Life Insurance Company." By that name they and their
successors shall forever hereafter be capable, in law, to sue Powers,
and be sued, and be recognized in all the courts of this state.
The said corporation shall be located in the city of Chicago,
and shall have full powers to make and put in execution all
such by-laws and regulations as the board of directors may
deem proper to secure the well management of its affairs:
Provided, they be not repugnant to the laws of this state Pr°™o.
or of the United States. The said company may have
a seal, and use it or not, as the directors may determine :
Provided, however, that if the corporation hereby created Proviso 2.
shall not be organized within one year from the passage of
this act, the rights hereby granted shall cease and deter-
mine, and this act shall be null and void.
§ 2. There shall be a guarantee capital stock subscribed Guarantee capi-
to the said corporation of one hundred thousand dollars,
which shall be paid in and divided into shares of one hundred
dollars each. The capital stock of said company may be capital stock,
increased from time to time by the consent of the board of
directors, until it shall reach the sum of one million of dollars.
Whenever the said amount of one hundred thousand dol-
lars shall have been subscribed, Benjamin F. Thompson,
and the other two named in this act, shall have the power to
call the first meeting of said corporation, by mailing a no- First meeting.
tice to each of the subscribers to the capital stock, at least
six days before the time of the same, which meeting shall
be held in the city of Chicago, when those of the subscri-
bers to the capital stock who may be present, may proceed
to organize the said " Great Western Life Insurance Com-
pany," by electing by ballot, not less than five directors from
among the subscribers to the said capital stock. When said Directors,
directors shall have chosen from among their number a pres-
ident, and the one hundred thousand dollars of capital stock officers,
shall have been, paid in, the said company shall have full pow-
er to transact business under this charter. The president and
directors may hold their office one year, or until such time
as may be provided in the by-laws of said company. At
all subsequent elections of directors, one-half of the num-
ber may be chosen by the stockholders, and one-half by
holders of mutual policies, if any such are present, but if
none are present, all may be chosen by the stockholders.
The directors shall all be either stockholders or assured m
—50
»66
INSURANCE COMPANIES.
Manner of busi
ness.
Dividends.
Insurance
others.
Debtors' life.
said company, and in ceasing to be such, shall cease to hold
said office.
§ 4. The business of the company may be transacted
upon the mutual or joint stock principle, or both, as the di-
rectors may determine.
§ 5. The owners of paid in capital stock in lieu of divi-
dends, shall be entitled to interest thereon at the rate of ten
(10) per cent, per annum, payable semi-annually, interest to
be reckoned, which may have accrued in the time being on
same amount of stock paid in from date ; but in no case
shall interest from said department be paid on r>n amount of
capital stock exceeding two hundred thousand dollars.
§ 6. The said insurance company hereby created, shall
have full power to make insurance on lives of individuals,
and against accidents or casualties, and every insurance
thereunto appertaining ; also, to purchase or dispose of an-
nuities, receive trusts and purchase the same in such form
and for such premiums and considerations as the directors
fOT shall determine. The said company shall also have power
to insure the life of any person for the benefit of the wife,
husband, child, parent, brother, sister, or any relative, or for
the benefit of any other person whose support or education
may in any way depend upon the party whose life is in-
sured. It may, also, insure the life of a debtor for the ben-
efit of his creditor ; the insurance in either case may be ef-
fected by the party whose life is insured, or by the person
for whose benefit the insurance is made, or by a third person.
The party or parties for whose benefit such policy is made
shall be entitled thereto, as against the person whose life is
insured, and if the application is made by a third party, as
against such party, or as against the creditors or representa-
imi- tives of either. The annual premium on a policy issued by
said company for the benefit of another person, as above,
shall not in any case, exceed the sum of five hundred dol-
lars, if paid by the party whose life is insured.
§ 7. At any annual meeting of the said corporation, or
at a meeting called for the purpose, any portion of the net
earnings of the company (not to exceed in all five per cent.)
may be set aside by vote, from time to time, as a benefit or
relief fund, to be used at the discretion of the directors in
relieving persons who may have policies in force in said
company and are prevented from attending to their business
by sickness or accident, or it may be used in paying the
premium or any part thereof of any member of the com-
pany who would be glad to keep in force his or her policy,
roviso. but cannot without help : Provided, the said directors may,
at any time by vote, at a meeting called for the purpose, di-
rect such reservation in whole or in part, for the time being
or forever to cease.
Funds loaned. § 8. The funds of the company, or any part thereof,
may be loaned from time to time, at any rate of interest not
Annual
urns.
Relief fund.
INSURANCE COMPANIES. 667
to exceed ten per cent, per annum, upon real estate which is
considered worth at least 'fifty per cent, more than the
amount loaned thereon, or on such other securities as the
board of directors may approve; or any portion of the funds
may be invested in bonds or dividend paying stocks, or in
real estate, in such amount as may be considered by the
board of directors as being convenient for said company in
the transaction of its business, or in such as shall have been
mortgaged or purchased at sale upon judgments, decrees or
mortgages obtained or made for debt, but in no case shall
this act be so construed as to allow said corporation to do a
banking business.
§ 9. At every period of five years from the thirty -first Apportionment
day of December, next after said company shall go into ope-
ration, or oftener, as the directors may determine, the net
profits of the mutual department, (if such department is cre-
ated) after providing for losses, re-insurance of its members
and other liabilities of said department, and for dividends
and reservations hereinbefore mentioned, shall be apportion-
ed among the assured in the said mutual department, and
paid or applied in such manner and at such times as the di-
rectors may determine.
§ 10. This act is hereby declared to be a public act, and
the same shall be construed liberally for the purposes here-
in specified, and shall take effect from and after its passage.
Approved February 15, 1865.
AX ACT to incorporate the Globe Insurance Company at Chicago, Illinois. In force Feb. 16
1365.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That there
shall be and hereby is established in the city of Chicago Locationofcom.
and county of Cook, in said state, an insurance company to Pany-
be known by the name and style of "The (ilobe Insurance capital stock.
Company," with a capital stock of one hundred thousand
dollars, divided into shares of one hundred dollars each,
which may be increased at the will of the directors to any
amount not exceeding one million dollars, to be subscribed
and paid for in the manner hereinafter specified.
§ 2. Charles B. Holmes, Daniel Kichards, Ira Holmes, open books.
H. Z. Culver, Ira T. Munn, or any three of them, are here-
by authorized to open or cause to be opened, books of sub-
scription for the capital stock of said company, at such time
and place as they shall think proper. Said books to be
kept open until at least fifty thousand dollars shall be sub-
scribed, when the subscribers may, after five days' notice
being given by said commissioners in any paper published
668
INSURANCE COMPANIES.
in said city of Chicago, meet, and under the inspection of
Directors. said commissioners, choose a board of seven directors to
serve as hereinafter specified.
Name and style. § 3. The subscribers of said stock, their associates, suc-
cessors and assigns, shall be and thev are hereby declared a
body politic and corporate, by the name and style of "The
Globe Insurance Company," and by that name shall be
capable in law of contracting and being contracted with,
powers. suing and being sued, pleading and being impleaded, an-
swering and being answered unto, defending and being de-
fended against, in all courts and places whatsoever, in all
manner of actions, suits, complaints and causes.
§ 4. The said corporation may have and use a common
seal, and alter and renew the same at pleasure ; may pur-
chase and hold such real and personal estate as may be ne-
cessary or desirable to effect the object of their association,
and sell and convey the same at pleasure ; may make, estab-
lish and put in execution such by-laws, ordinances and reso-
lutions, not being at variance with the laws of this state, or
the United States, as may seem necessary or convenient for
their regulation and government, and for the management
of their affairs, and do and execute all such acts and things
as may be necessary to carry into effect the purposes intend-
ed in this act.
insurance. § 5. This corporation shall have full power and authority
to take insurance on all descriptions of property of every
name, nature and description whatsoever, against loss or
damage by lire or tornado, and on all descriptions of ves-
sels, cargoes and freight, against the perils of marine and
inland navigation. They may also cause themselves to be
insured or reinsured against all or any risks upon which
they have made insurance, and also upon all property of
every kind or any interest therein owned or held by them
surplus as security. They also have authority to loan their surplus
or unemployed capital or money on personal, real or other
securities, at such rates of interest as may be done under the
existing laws of this state, or invest the same in stocks.
§ 6. The board of directors chosen as hereinbefore men-
tioned shall serve as follows : two of them from the time of
their election until the third Tuesday in May a. d. 1866 ; two
of them until the third Tuesday in May a. d. 1867, and
three of them until the third Tuesday in May a. d. 1868,
their respective terms of office to be decided by lot at their
Annual election. ftrst regular meeting. The election of directors of this com-
pany thereafter shall be held on the third Tuesday in May
of each year, when an equal number of directors 'shall be
elected to those whose term of office expires with the date of
said election, whose term of office shall continue for the next
three years ensuing.
§ 7. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their re-
Loan
fund
Term of direct-
ors.
Officets.
INSURANCE COMPANIES. 669
Bpective offices for three years, or until others are elected.
The board of directors may also appoint an executive com-
mittee from among their own members, and such commit-
tee, when the board is not in session, may exercise all the
powers vested in the company, except where the company
has by its by-laws provided otherwise. The board of di-
rectors may appoint examiners, agents, and such subordinate
officers as they may deem necessary, who shall hold their
office during the pleasure of the board.
§ 8. Upon the election of officers as hereinbefore provided, when to organ-
and the adoption of their by-laws, ordinances or resolutions
providing for the management of their business, this com-
pany shall be deemed as having organized under the pro-
visions of this act, and may thereafter establish agencies in
other places for the transaction of their business.
§ 9. At any time after the organization of this company Books re-opened
under the provisions of this act, the secretary may reopen
the books for receiving subscriptions to the capital stock of
this company, until such subscriptions shall reach the
amount of the capital stock herein provided for of one hun-
dred thousand dollars, when said books shall be closed un-
til further subscriptions are authorized by the board of di-
rectors, when the secretary may again open them for further
subscriptions.
§ 10. The board of directors may be increased in num- increase of board
ber from that of seven as herein specified, to any amount
not exceeding fifteen, at any regular annual election, upon
the certificate of the secretary and president that such in-
crease in number is required to secure the efficient manage-
ment of its affairs, and such additional directors shall be
divided as near equal as may be between the terms of one,
two, and three years, as herein provided, and a majority of
the whole board shall constitute a quorum for the transac- Quorum,
tion of business, until [the] board shall consist of more than
seven members, after which five members of the board shall
constitute a quorum for the transaction of business, having
the same po^ver that a majority of the whole board would
have, provided the president, secretary and treasurer shall
constitute a portion of said five. The board of directors. Elections,
president, vice president, secretary and treasurer, shall be
elected by ballot at such hour of the day as the secretary
may appoint, notice of which shall be given in any news-
paper printed in the city of Chicago at least ten days imme-
diately preceding such election, and such election shall be
held under the inspection of three persons to be appointed
previous to every election by the board of directors. Such
election shall be made by a plurality of votes of the mem-
bers present or their proxies, allowing one vote for each
share of the capital stock. The by-laws of this company By-laws,
shall provide the form and specify the evidence required in
the appointment of proxies and execution thereof.
G70 INSURANCE COMPANIES.
§11. If it shall at any time happen that the election of
directors shall not be held or made on a day when pursuant
to this act it ought to have been held or made, this corpo-
ration shall not for that cause be deemed to be dissolved,
but it shall be lawful on any other day to make and hold
an election of directors, notice of said election to be given
as hereinbefore prescribed.
payments of § 12. The payment of the stock subscribed for shall be
made by the subscribers respectively, at the time and in the
manner following, viz : at the time of subscribing there shall
be paid on each share five dollars, and the balance due on
each share shall be subject to the call of the directors, under
such penalties as the board of directors may appoint and
order, and shall be secured to be paid on demand or other-
wise, as the said directors shall require, by hypothecated
stocks, mortgages on real estate worth twice the amount of
the incumbrance.
stock assignable § 13. The stock of said corporation shall be regarded as
personal property, and shall be assignable and transferable
according to such rules and restrictions as the hoard of di-
rectors shall from time to time determine.
Expenses, how § 1^- Tne expenses incurred by the commissioners in
paid- executing duties required by this act shall be paid out of
moneys received by them of the subscribers to the capital
stock, and may he retained by them for that purpose, and
the balance so received shall be paid over to the directors
after they shall have been elected.
contracts. § 15. This company shall have power to make contracts
for any term not exceeding five years, and such contracts,
when signed by the president and secretary, shall be bind-
ing until the expiration of the term for which they were made.
Losses. § 1(3. In case of any loss or losses whereby the capital
stock of said company may be lessened before all the in-
stallments are paid in, each proprietor or stockholder's
estate shall be held accountable for the installments that
may remain unpaid on his share or shares at the time of
such loss or losses taking place, and no subsequent dividend
shall be made until the sum arising from the profits of the
business, or by advance of the stockholders, to make good
said capital stock, shall have been added thereto : Provided,
that the stockholders shall not be individually liable beyond
the amount of stock held by them respectively.
Dividends. § 17. This company shall have power to make and de-
clare dividends of the profits arising from the business of
said corporation.
Suit3_ § IS. Suits at law may be maintained by said company
against any of its members for the collection of stock, or
premium notes or assessments thereon, or for any other
cause relating to the business of said company, and suits at
law may also be prosecuted and maintained by any mem-
ber against said company.
INSURANCE COMPANIES. 671
§ 19. It shall be lawful for the secretary of this cornpa- Deputy, sec. 7.
ny to appoint a deputy whose authority shall be specified
in his appointment.
§ 20. All meetings of the directors of this company Meetings, how-
shall be called by the secretary, notice of which can be given called-
by publishing in any newspaper printed in the city of Chi-
cago, Illinois.
§ 21. The terms of insurance in this company shall be Terms of insur-
such as may be agreed upon between the insurer and in- ance-
sured. The rates of insurance shall be fixed and regulated
by the board of directors, and premium notes may be re-
ceived from the insured which shall be paid at such time or
times, and in such sum or sums as the directors shall re-
quire.
§ 22. "Whenever any assessment is made on any pre- When policy
mium note given to the Globe Insurance Company for any void-
risk taken by said company, and the makers thereof shall
neglect or refuse to pay the amount claimed by this com-
pany for the space of thirty days after notice of such assess-
ment, which notice shall be given as prescribed in the by-
laws of said company, his, her or their policy shall become
void and of no effect.
§ 23. In case an action is brought for the recovery of Evidence.
any assessment due this company, the certificate under seal
of the secretary of said company, stating the amount of said
assessment shall be taken and received as prima facie
evidence in all courts and places whatsoever.
§ 21. Applications for insurance shall state all the ma- Applications,
terial facts and circumstances affecting the risk, and the
statements made in the application shall be binding on the
insured, and a warranty on his, her or their part.
§ 25. That no stockholder of the corporation hereby
created shall be liable in his individual capacity, for any
debt or liability of said company beyond the amount of
stock held by him. Unless the said company is organized
within one year after the passage of this act, then this act
shall be null and void.
§ 26. This act shall be deemed a public act, and be
liberally construed for the purposes herein set forth, and be
and continue in force from and after its passage.
Approved February 16, 1865.
AX ACT to incorporate the Howard Insurance Company of Illinois. In for5|6|'el>" 16
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That J. "Wood-
bridge Smith, James V. Z. Blaney, "William H. Turner,
672
INSTJKANCE COMPANIES.
When
ized.
organ-
George Himrod, and Francis II. Benson, and all others who
shall become associated with them as stockholders in said
corporation, shall be a body politic and corporate, by the
Name and style, name of the "Howard Insurance Company of Illinois," and
by that name they and their successors may have and use a
common seal, shall, and may forever hereafter, be capable
in law to sue and be sued, and shall be recognized in all
Powers. courts of this state ; they shall have full power to make and
put in execution all such by-laws and regulations as the
board of directors may deem proper to secure the well or-
dering of its affairs : Provided, that nothing be done in-
consistent with the laws of this state or of the United States.
§ 2. When the said parties and their associates shall
have subscribed and paid in one hundred thousand dollars,
and shall have elected by ballot four or more directors, and
shall have chosen one of their number as president, and ap-
pointed a secretary, the said company shall be deemed fully
organized, and shall enjoy all the powers hereby conferred.
§ 3. The board of directors shall have power to increase
the capital stock of the company from time to time until it
shall reach the sum of one million dollars.
§ 4. Said company shall have its principal office in the
city of Chicago, and may establish agencies either in or out
of this state, and shall have power to take all kinds of life,
tire and marine risks, and to insure travelers against acci-
dents in traveling on railroads, steamboats, or otherwise,
and receive such premiums therefor as may be agreed upon
by and between the parties, either upon the joint stock or
mutual principle, or both.
May loan funds. § 5. The funds of the said company may be invested and
reinvested from time to time, and at a rate of interest not
to exceed ten per cent, per annum upon real estate or such
other securities as the board of directors may approve, but
nothing contained in this act shall authorize said company
to engage in the banking business.
§ 6. The said company shall organize under the pro-
visions of this act within one year from its passage, failing
or neglecting to do so, this act shall be void and of no effect.
§ 7. This act is hereby declared to be a public act, and
the same shall be construed liberally for the purposes herein
granted, and shall take effect and be in force from and after
its passage.
Approved February 16, 1S65.
Capital stock.
Home office.
Agencies.
Act void in one
year if not or-
ganized.
INSURANCE COMPANIES.
673
AN ACT to amend the charter of the Illinois Central Mutual Insurance in force Feb. 16,
Company, of Springfield, Illinois. 1865-
Section 1 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the di-
rectors of the Illinois Central Mutual Insurance Company, Name^ may be
of Springfield, Illinois, may change the name of said com- c mi
pany to " Springfield Insurance Company " whenever said
directors, or a majority of them, shall deem it for the best
interests of the company so to do.
§ 2. For the better security of policy holders said com- Additional capi-
pany may, to its present capital, add a further guarantee
capital of any amount, not exceeding live hundred thousand
dollars. The amount of such guarantee capital shall be de-
termined by the executive committee or board of directors
of said company, and shall consist either of United States or
state securities, national bank stocks, or mortgages on im-
proved real estate, worth double the amount of the incum-
brance, in either case to be approved by the board of di-
rectors of said company.
§ 3. The makers of such guarantee capital shall, in con-
sideration thereof, receive not exceeding one per centum in
lieu ot dividends on said capital stock.
§ 4. Said guarantee capital shall be divided into shares shares of new
of one hundred dollars each, and the owners thereof shall,
at all elections for directors of said company, have repre-
sentation, in the ratio of one vote for each share so possessed,
and shall be liable pro rata for the losses and expenses of
said company, whenever the cash premiums and premium
or deposit notes shall be insufficient to pay the same.
§ 5. Scrip certificates may be issued for such stock, or
guarantee capital transferable only on the books of the com-
pany.
§ 6. Any person applying for insurance in this com- Premium n°4e»-
pany may give or execute a premium or deposit note, with
a provision therein, that an annual payment often per cent,
of such deposit note shall be received by said company in
lieu of all assessments thereon. In case any person or per-
sons thus insured shall neglect or refuse to pay the said in-
stallment of ten per cent, on such deposit note or notes,
for the space of thirty days after the same shall become
due, it shall be lawful for said company to institute suit on
such deposit note or notes and enforce payment of the whole
face thereof, notice of the maturity of said installment and
of the penalties and forfeitures having been given by mail
or otherwise.
§ 7. JSothing in this act contained shall in anywise be mshia "awreo.
construed to interfere with or impair any contracts or in-
debtedness due, or to grow due, to or from the corporation
created by the act to which this is an amendment.
§ 8. This act is hereby declared a public act, and shall
674
INSURANCE COMPANIES.
be construed liberally for the beneficial purposes herein
granted, and shall take effect and be in force from and after
the passage thereof.
Approved February 16, 1865.
[a force Feb. 15,
1865.
AN ACT to incorporate the Illinois Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Joseph
G. English, Daniel Clapp, William Hessy, liawley Martin,
William Giddings, Washington T. Cunningham, John Mires,
and John C. Short, and all other persons who shall hereafter
become members of the corporation hereby created, shall be
Name and style, a body politic and corporate, by the name and style of the
"Illinois Insurance Company," for the purpose of insuring
dwelling houses, stores, shops, and other buildings, house-
hold furniture and merchandise, and other property, against
loss or damage by fire or lightning, whether the same shall
happen by accident or any other means, excepting that of
design in the insured, or by the invasion of an enemy, or in-
surrection of the citizens of this or any of the United States,
powers. and by that name sue and be sued, appear, prosecute and
defend, in auy court of record or other court or place what-
soever, and may have and use a common seal, and alter and
renew the same at pleasure, may purchase and hold such
real and personal estate as may be necessary to effect the
objects of their association, and may sell and convey the
same at pleasure, may make, establish and put in execution
such by-laws, ordinances and resolutions, not being contrary
to the laws of this state or of the United States, as may be
necessary or convenient for their regulation and govern-
ment and for the management of their affairs, and do and
execute all such acts and things as may be necessary to carry
into effect the provisions of this act.
Directors. § 2. The affairs of this company shall be managed by a
board of directors, to consist of not less than five nor more
than twenty-one members, as may be regulated by the by-
laws of said company ; and said directors shall be chosen by
ballot from among the members of this company, and a ma-
jority of the whole board shall constitute a quorum for the
transaction of business.
First board. g 3. The persons named in the first section of this act
are hereby constituted a board of directors to serve as such
until the first annual election of directors, and until others
Annual election, are chosen, which annual election shall be held on the first
Tuesday in March in each year. Such election shall be
held at the office of the company, at such hour of the day as
1NSUKANCE COMPANIES. 675
the directors shall for the time being appoint, notice of which
shall be given in one of the newspapers printed in the coun-
ty of Vermilion, at least twenty days immediately preced-
ing such election, and such election shall be holden under
the inspection of three members, to be appointed previous to
every election by the board of directors, and such election shall
be made by a plurality of votes of the members present, or
their proxies, allowing each member one vote for each poli-
cy by him, her or them held and in force in this company;
and the board of directors are hereby authorized, at any of
their meetings, to provide a form for the appointment of prox- Form of process.
ies to specify the evidence that may be required in the execu-
tion thereof. The board of directors shall hold their offices
for one year and until others are chosen, and vacancies oc-
curring in the board may be filled at any of their meetings.
§ ±. The board of directors shall elect a president, vice officers,
president, secretary, and treasurer, who shall hold their re-
spective offices for one year and until others are chosen.
The board of directors may also appoint an executive com-
mittee from among their own members, and such commit-
tee, when the board is not in session, may exercise all the
powers vested in this company, except where the company
has, by its by-laws, otherwise provided. The board of di-
rectors may appoint examiners, agents, and such subordi-
nate officers as they may deem necessary who shall hold
their offices during the pleasure of the board.
§ 5. That George W. Schobey is hereby constituted sec- Secretary.
retary of this company, to serve as such for one year, and.
until another is elected.
§ 6. If it shall at any time happen, that the election of
directors shall not be made or held on a day when pursuant
to this act it ought to have been made or held, this corpora-
tion shall not, for that cause, be deemed to be dissolved, but
it shall be lawful on any other day, to hold and make an
election of directors, notice of which shall be given as here-
in prescribed,
§ 7. The rates of insurance shall be fixed and regulated Rate of insm--
by the board of directors, and premium notes or assessment ance"
contracts may be received from the insured, which shall be
paid at such time or times and in such sum or sums as the
directors shall, from time to time, require for losses and ex-
penses. The directors may also fix the amount that each
party shall pay at the time of insuring, and any party apply-
ing for insurance so electing, may pay a definite sum of mon-
ey, in full, for insurance and in lieu of a premium note.
§ 8. The cash premiums received of each year by this cash premiums,
company, shall be applied in payments of losses and ex-
penses, before any assessment shall be made on the premi-
um notes and the cash premiums, together with the premium
notes, shall constitute the capital stock of this company.
676
INSUBANCE COMPANIES.
EofCfunds deficit § ®' ^ ^ snoiU(l ever so happen that the whole stock
and contributions of this company be insufficient to pay or
satisfy the losses and expenses, in such case a just average
shall be made, and the payment to be demanded by virtue
of any policy, shall be a dividend of such stock and contri-
butions in proportion to the losses and expenses. Should
there be an excess of funds, the directors shall have power
to declare a dividend.
"teSSie. h°w § 10" The members of this company shall be, and they
are hereby bound and obliged to pay their proportion of
all losses and expenses happening and accruing during the
time for which their policies were issued, to the amount of
their premium notes, or assessment contracts and cash pre-
miums, and no more.
Applications. § n# Applications for insurance shall state all the ma-
terial facts and circumstances affecting the risk; and the
statements made in the application shall be binding upon
the insured, and a warranty on his, her or their part.
§ 12. It shall be lawful for this company to reinsure any
risk, or any part of any risk on which they have made an
insurance.
Home office. § 13. The operations and business of this company shall
be carried on and conducted at such place in the town of
Danville, county of Yermilion and state of Illinois, as the
directors may choose, and any other place by agency.
Whenever any assessment is made on any premium note or
assessment contract, given to this company for any risk ta-
ken by this company, or as consideration for any policy is-
sued or to be issued by this company, and an action is
brought for the recovery of such assessment, the certificate
of the secretary of said company, under the seal thereof,
specifying such assessment and the amount due said compa-
ny on such note or notes, shall be taken and received as
prima facie evidence thereof, in all courts and places what-
PvoidJ' when soever- In case any member of this company shall neglect
or refuse to pay his, her or their assessment as levied by the
directors, for the space of thirty days after notice thereof,
his, her or their policy shall become void and of no effect, un-
suits. til such payment is made. Suits at law may be maintained
by this company against any of its members ; and suits
may also be maintained by any member against this com-
pany, and in any suit against this company, any member
shall be admitted as a competent witness for and in behalf
of this company. It shall be lawful for the secretary of
this company to appoint a deputy, whose authority shall be
specified in his appointment, and approved by the board
of directors. The board of directors may invest and em-
ploy the funds of this company in such way and manner as
they may judge that the interests and welfare of the com-
pany require ; but nothing contained in this act shall be so
construed as to authorize said company to perform any
INSURANCE COMPANIES. 677
banking privilege, or to issue any certificate of deposit, to Banking forbid.
circulate as money or currency, or to exempt said company
from the operation of such general laws as may hereafter
be passed upon the subject of insurance companies ; and in
case eaid corporation shall not be organized within twelve
months after the passage hereof, then this act shall be null
and void.
§ 14. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein contained, and
continue for fifty years, and take effect and be in force from
and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Illinois Mutual Life Insurance Company. in force Feb. 10,
1S65.
Section 1. Be it enacted by the IJeople of the State of
Illinois, rejyresented in the General Assembly, That Sidney
Pulsifer, John T. Lindsay, Alexander McCoy, Chuuncey corporators.
Nye, Benjamin L. T. Bourland, Tobias S. Bradley, Richard
A. Yoe, Isaac Underbill, Lewis Howell, Rodolphus Rouse,
Charles Holland, Samuel Diinon and Jacob Darst, and all
persons who may be insured under this act, and their rep-
resentatives and assigns, be and they are hereby constitu-
ted a corporation by the name of "The Illinois Mutual Life Name and ioca-
Insurance Company," located at Peoria, Illinois, possessing Uon'
the power to insure their respective lives, and to make all
and every insurance appertaining to or connected with life
risks.
§ 2. All the corporate powers of this company shall be Board of trus-
exercised by a board of trustees, and such officers and tees'
agents as they may appoint. **The board of trustees shall
consist of thirteen persons, all of whom must be residents
of this state and members of this company. They shall
elect, every three years, from their number, a president.
They shall also elect a secretary and treasurer, who shall be officers,
members of this company, and may remove them or either
of them, in their discretion and elect others in their place,
fix their salaries and require bonds for the faithful discharge
of their duties, in such sums as they may deem proper. The
said board of trustees shall also have power to determine
what number less than a majority shall constitute a quorum Quorum.
for the transaction of business.
§ 3. The persons named in the first section of this act First board,
shall constitute the board of trustees until this company
shall be organized, any three of whom may call a meeting,
and superintend such organization.
678 INSURANCE COMPANIES.
Policies. § 4. No policy shall be issued by said company until
application shall have been made for insurance to the amount
of one hundred thousand dollars, the applicants to be not
les-^ in number than twenty.
Term of trustees § 5. Immediately after the issuing of policies to the
amount aforesaid, the insured shall meet and elect a board
of trustees, to serve for three years ; and a board of trus-
tees shall be elected every three years after the organization
of said company.
Assessments. § 6. If it shall ever happen that the losses and necessa-
ry expenses shall exceed the whole amount of the resources
of this company, then the board of trustees shall assess
each policy in sums proportioned to the premium thereon,
sufficiently to meet matured policies, and such necessary ex-
proviso. penses: Provided, that said assessment shall never exceed
one hundred per centum on such premium, annually.
contingent fund g 7. After providing for risks, losses and incidental ex-
penses as aforesaid, the trustees shall set apart one quarter
of the estimated surplus funds and receipts, as a contingent
or guarantee fund, until it and its proceeds shall amount to
one hundred thousand dollars, which shall never be drawn
or impaired until all the other available funds of the com-
pany shall have been exhausted, after winch draft, if any
be made, the said guarantee fund shall be restored, and ir.ade
good in the same manner that it was created.
Books for sub- § 8. The board of trustees may, at any time within two
years after the organization of this company, open books of
subscription, at such place or places as they may deem prop-
er, for a guarantee capital stock of one hundred thousand
dollars, to be divided into shares of one hundred dollars
each, to be paid in cash at the time of subscribing. The
subscribers to such guarantee capital shall be entitled to re-
ceive an annual dividend of ten per cent, upon the amount
of such capital subscribed or held by them, before any divi-
dend of profits shall be made to policy holders. Said guar-
antee capital stock may, at the option of the board of trus-
tees, be purchased for the company, at anytime, at. par,
after adding the dividend, or part of dividend of ten per cent.,
to which such stock will be entitled under this section. The
contingent or guarantee fund provided for in section seven
of this act, may be used by the board of|trustees in the
purchase of the guarantee capital provided for in this sec-
tion.
Fund reimbursed § o,. At the expiration of every period of five years
from the time the first policy shall be issued by this compa-
ny, the remaining three quarters of the estimated surplus
funds, and after the guaranty fund provided for in section sev-
en shall have realized its maximum, the whole of the sur-
plus fund shall be reimbursed to and among the insured, in
the proportion of the whole amount of premiums actually
paid in during the preceding five years.
INSURANCE COMPANIES.
679
§ 10. The trustees may determine the rates of insurance Ba*e| of lnsm'-
and the limitations and conditions of validity in the poli-
cies, and the sum that may be insured on one life, not ex-
ceeding ten thousand dollars.
§ 11. It shall be lawful for said corporation to invest the investment of
paid premiums and their proceeds, and the guarantee capi-
tal provided for in section eight of this act, in the securities
designated in the following section, and to sell, transfer and
change the same, and re-invest the funds of said corporation
as the board of trustees shall deem expedient.
§ 12. The trustees shall have power to invest a certain ^^ of
portion of the premiums received, not exceeding one-half
thereof, in public stocks of the United States or of this
state. The whole of the premiums received which are not
so invested, excepting such portion thereof as the trustees
shall deem expedient to reserve for immediate losses and
expenses, shall be invested in first class mortgages and se-
curities upon unincumbered real estate within this state.
The property to secure such investment shall, in every case,
be worth at cash valuation, twice the amount loaned thereon.
§ 13. Suits at law may be maintained by said corpora- SlUts-
tion against any of its members, for any cause relating to
the business of said corporation ; also suits at law may be
maintained by any member against said corporation, for
losses by death, if payment is withheld more than three
months after the company is duly notified of such losses,
and no member of this company shall be debarred his testi-
mony as witness in such cause on account of his being a
member of said company ; and no member of the company
not being in his individual capacity a party to such suit,
shall be incompetent as a witness in any such cause, on ac-
count of his membership with said company.
§ 14. Any member of this company who would be en- p0iicy,whenfor-
titled to share in the profits of the same, who shall have feited-
omitted to pay any premium, or any periodical payment
due from him to the company, shall, during the term of that
neglect, forfeit the validity of his policy ; and if that neg-
lect continue for one year, the policy shall thereby be forev-
er forfeited, and all previous payments made by him, shall
go to the benefit of the company ; and it shall be lawful for
the board of trustees to adopt a general rule, refusing to re-
ceive payment that xay be offered, and thereby permanent-
ly terminating the validity of said policy after the continu-
ance of such neglect above mentioned, for any period less
than one year.
§ 15. This corporation may lawfully hold, purchase and May how reat
convey real estate, as follows :
First. Such as shall be requisite for its accommodation
in the transaction of business.
Second. Such as shall have been mortgaged to it in good
faith by way of security, for loans contracted or money due.
6S0
INSURANCE COMPANIES.
Annual report.
Third. Such as shall have been conveyed to it in satis-
faction of debts previously contracted in the course of its
business.
fourth. Such as shall have been purchased at sales up-
on judgments, decrees or mortgages, obtained or made for
such debts.
The said corporation shall not purchase, hold or convey
real estate in any other case, nor for any other purpose, and all
such real estate as shall not be necessary for its accommo-
dation, or the convenient transaction of business, shall be
sold and disposed of within five years after the said com-
pany shall have acquired title to the same.
§ 16. It shall be the duty of the board of trustees to
make an annual report of the condition and progress of the
company, which report shall be recorded by the secretary
in a book, to be kept for that purpose, and a printed copy of
such annual report shall be seiat to each policy holder.
§ 17. This act to take effect and be in force from and
after its passage, and shall not be construed to authorize
said company to engage in the business of banking.
Approved February 16, 1865.
In force Feb. 16,
1865.
AN ACT to incorporate the Illinois State Insurance Company.
Corporators.
Powers.
Section 1. Be it enacted by the People of the State of
Illinois, represented m the General Assembly, That from the
time this act shall take effect, Frederick Stahl, William H.
Snyder, A. M. Lawver, John S. Lawver, J. C. Lawver, and
all other persons who may hereafter associate with them in
the manner herein prescribed, shall be a body corporate and
Name ana style, politic, by the name and style "Illinois State Insurance
Company," and by that name may sue and be sued, plead
and be impleaded, appear, prosecute and defend in any court
of record, or other court or place whatsoever; may have
and use a common seal, and alter and renew the same at
pleasure; may purchase and hold such real and personal
estate as may be necessary to effect the objects of this cor-
poration and association, and sell and convey the same at
pleasure ; may make, establish and put in execution such
by-laws, ordinances and resolutions, not being contrary to
the laws of this state, or of the United States, as may seem
necessary or convenient for their regulation and govern-
ment, and for the management of their affairs, and do and
execute such acts and things as may be necessary to carry
into effect the provisions of this act.
§ 2. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
Insurance.
INSURANCE COMPANIES, 681
wind, tornado or flood, and the risks of inland navigation
and transportation, and may cause themselves to be rein-
sured upon the whole or any part of any risk on which
they may have made insurance.
§ 8. The paid company may divide applications for in- Application,
surance into two or more classes, according to the degree of
hazard, in which case the premium notes belonging to any
one class shall in no event be assessed for the payment of
any losses of any other class or classes; and in case of loss
under any policy issued by the company, such loss shall be
paid out of the funds of the class to which such policy be-
longs ; and such class only may be proceeded against for
said loss.
§ i. All persons who shall at any time be insured in Membership,
this company, shall be members thereof during the continu-
ance in force of their respective policies, and no longer, and
shall at all times be bound by the provisions of this act.
§ 5, The affairs of said company shall be managed by a Directors,
board of directors, to consist of not less than five, nor more
than fifteen members, as may be regulated by the by-laws
of said company ; said directors shall be chosen by ballot,
from among the members of said company, and a majority Quorum,
of the whole board shall constitute a quorum for the trans-
action of business. Said directors may choose three of
their number to act as an executive committee, which shall
have all the powers of the board of directors wThen the board
of directors is not in session ; and all contracts and obliga-
tions signed by a majority of such executive committee shall
be as binding as though done by the board of directors.
The board of directors shall elect a president, vice president, officers,
secretary and treasurer, who shall hold their respective
offices for one year, or longer, as may be prescribed by the
by-laws of said company, and until others are elected in
their place. The directors shall hold their office for one Term,
year, or until their successors are elected. All meetings of
the board of directors or executive committee are to be
called in the manner prescribed by the by-laws of the com-
pany ; all vacancies in the board of directors may be filled vacancies,
by the remaining part of said board from among the mem-
bers of said company. The persons named in the first sec-
tion of this act shall be and they are hereby constituted a
board of directors for said company, to serve as such until
the first annual election of directors herein provided for,
and until others are elected. The directors in said company Time ana piaet
shall be elected on the first Monday in November of each ° e ect,on-
year, and such election shall be held at the office of said
company, at such hour of the day as the executive commit-
tee of said company may appoint. Such election shall be
held under the inspection of three members of said com-
pany, to be appointed previous to every election by the ex-
ecutive committee of said company ; such election shall be
—51
682
INSURANCE COMPANIES.
Proxy vote.
Rates of
ance.
made by a plurality of the votes of the members present,
or their proxies, allowing one vote for each policy held and
in force at the time of the members offering to vote. The
directors or executive committee are hereby authorized, at
any of their meetings, to provide a form for the appoint-
ment of proxies, and to specify the evidence that may be
required of the execution thereof. Subordinate officers,
agents and examiners may be appointed by the secretary of
said company.
§ 6. The rates of insurance shall be fixed by the execu-
tive committee of said company. Any person applying for
insurance may pay a definite sum of money, in full for said
insurance, or may deposit a premium note for such sum or
sums of money as shall be determined by the directors or
executive committee, a part of which note shall be immedi-
ately paid for the purpose of discharging the incidental ex-
penses of the management of said company, and the remain-
der of said deposit note shall be made payable, in part or in
whole, at such time or times when the directors shall deem
the same requisite for the payment of losses or other ex-
penses, and, at the expiration of the term of insurance, the
said note, or such part of the same as shall remain unpaid,
after deductiug all losses or expenses occurring during the
said term, shall be relinquished and given up to the signer
cash premiums, thereof. The cash premiums, together with the premium
notes, shall constitute the capital stock of said company,
which may be increased by guarantee capital, as hereinafter
provided.
§ 7. The directors of said company may levy an assess-
ment upon the premium notes, at any time they deem it
necessary for the payment of losses and expenses.
§ 8. The members of this company shall be and are
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount of
their respective premium notes, and no more.
§ 9. All statements made in any application for insu-
surance shall be binding upon the insured and a warrantee
upon his, her or their part.
§ 10. "Whonever any assessment is made upon any pre-
mium note given to said company, and the maker thereof
shall refuse or neglect to pay the amount claimed by said
company for the space of thirty days after notice of such
assessment has been issued by said company, and duly
mailed, post paid, and directed to the post office address as
represented upon his, her or their application of insurance
made to said company, his, her or their policy, to whom no-
tice is issued as above directed, shall be void and of no
effect until such payment is made, and action may be
brought at law for the whole amount of premium note ; and
in case an action is brought for the recovery of any assess-
lasessnients.
Losses, how paid
Applications.
Policy,
TOld.
INSURANCE COMPANIES. 683
raent due the said company, the certificate of the secretary
of said company, under the seal thereof, specifying such
assessment and. the amount due the company by means
thereof, shall be taken and received as prima facie evidence
in all courts and places whatsoever.
§ 11. The secretary of said company may appoint a Deputy,
deputy, whose powers shall be set forth in his certificate of
appointment and. entered, upon the record books of said
company.
§ 12. Whenever the premium notes of said company Fire proof bum-
shall amount to seventy-five thousand dollars, or sooner if ings'
it should be deemed expedient, the said directors shall have
power to build or cause to be builded, or procure for the
use of said company, a fire proof building, suitable for the
transaction of its business and for the preservation of its
funds and other property belonging to said company, by
means of fire ; and, for providing said building, the direc-
tors may assess the members of said company any sum not
exceeding five per cent, of the amount of premium notes
aforesaid, in any one year ; and it shall be the duty of direc-
tors to keep said building in proper repair, and to renew
the same, in whole or in part, as they may think necessary
and expedient.
§ 13. The records of said company, or copies thereof, Evidence of r«-
duly authenticated by the president and secretary, shall be
competent evidence in any suit between the corporation and
a member or members thereof. All process against such
company shall be served upon the president or secretary of
said company.
§ 14. In all suits by or against said company, any mem- Suits,
ber thereof shall be a competent witness, except in suits in
which such member shall be a party in his individual capa-
city, provided he, she or they be not otherwise disqualified.
§ 15. The home office of said company shall be in the Homea««^.
city of Springfield, in the county of Sangamon. This com-
pany may do business at any other place by agency.
§ 16. The directors may divide the whole or any part Dividends,
of the profit arising from the business of the company with
the parties insured, on such terms and conditions as they
may judge the interest and welfare of the company may
require.
§ 17. When any property insured by this company shall wicn property
be alienated, by sale or otherwise, the policy shall thereupon vold.ate p°
be void ; but in such case it shall be lawful for such assured
to assign and deliver to the purchaser or purchasers such
policy of insurance, and such assignee or assignees shall have
all the benefit of such policy, and may bring and maintain
a suit thereon, in his, her or their names: Provided, that Proviw.
before any loss happens, he, she or they shall obtain the
consent, in writing, of the secretary of said company to
084 INSURANCE COMrANIES.
such assignment, and have the same indorsed on or annexed
to the said policy of insurance.
Alterations in § 18. It' any alteration shall be made in any house or
proper .y ' r~ building by the proprietor thereof after insurance has been
made thereon with said company, whereby it may be ex-
posed to greater risk or hazard from fire than it was at the
time of making the insurance thereon, then and in every
such case the insurance made upon such house or building
shall be void, unless an additional premium and deposit,
after such alteration, be settled with and paid to the secre-
tary of said company ; but no alteration and repairs in build-
ings, not increasing such risk or hazard, shall in anywise
affect the insurance previously made thereon.
insurance, when g 19, Jf insurance upon any house or building, house-
hold furniture, merchandise, or other property, shall be and
subsist in said company and in any other office, or from or
by any other person or persons at the same time the insu-
rance made in and by this company, shall be deemed and
become void, nnless such double insurance subsist by and
with the consent of this company, by indorsement on or
annexed to the said policy of insurance.
Term of insur- g 20. This company may make insurance for any term
not exceeding ten years, and any policy of insurance issued
by said company, signed by the president or vice president
and secretary, shall be deemed valid and binding on said
company in all cases where the insured has a title in fee
simple unincumbered to the building or buildings insured,
and to the land on which the same stand, and has the abso-
lute and unqualified ownership of the other property in-
sured, but if the insured has a less estate therein, or if the
premises be incumbered, the policy shall be void, unless the
true title of the insured be expressed therein.
bosses. § 21. In case any building or buildings situate upon
leased land, and insured by said company, be destroyed by
fire, or otherwise, and the owner or owners thereof shall
prefer to receive the amount of said loss in money, in such
cases the directors may retain the amount of the premium
note for the insurance thereof until the time for which in-
surance was made shall have expired, and at the expiration
thereof the assured shall have the right to demand and re-
ceive such part of said retained sum or sums as has not been
expended in losses or assessments.
Payment of loss. § 22. The directors shall settle and pay all losses within
three months after they shall have been notified, as afore-
said, unless they judge it proper to, within the time, rebuild
a house or houses destroyed, or repair the damages sus-
tained.
mections. § 23. If it shall so happen that the election of directors
of said company shall not be held on the day when, pursu-
ant to this act, it ought to have been held, this company,
for that cause, shall not be deemed to be dissolved, but it
INSURANCE COMPANIES. 685
shall be lawful on any other day to make and hold an elec-
tion.
§ 24:. This act shall not be construed to authorize said Banking forbid.
company to engage in the business of banking.
§ 25. For the better security of the policy holders, the Guarantee fund.
said company may receive guarantee notes, secured upon
real estate worth twice the value of the incumbrance, or
state or United States stock, to an amount not exceeding
five hundred thousand dollars, which guarantee capital shall
be held for the losses of said company whenever the cash
premiums and premium notes are insufficient to pay the
same ; and such assessment upon said guarantee capital
shall be reimbursed before any dividend of profits shall
thereafter be made, but in no case shall the premium notes
of said company be assessed for such reimbursement. Scrip
certificates may be issued for such guarantee fund, trans-
ferable only on the books of said company; such capital shall
be entitled to representation in the election of directors, in
the ratio of one vote for every one hundred dollars.
§ [26.] This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Jo Daviess Insurance Company. In force Feb. IS,
1S65.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Thomas
E. Champion, Abram L. Brink, Enoch olark, John K. corporator*.
Booth, Manley Hogers, Lyman H. Clark, Nelson D. Bebee,
Charles Cole, Alfred M.Jones, and other persons who shall
hereafter become members of the corporation hereby crea-
ted, are hereby created a body politic and corporate, by the
name and style of "The Jo Daviess Insurance Company." Name and st.yi«.
§ 2. The corporation hereby created by the name and powers,
style aforesaid, shall have power to make insurance upon all
descriptions of property against loss or damage by fire or
lightning, and cause themselves to be reinsured against any
risk or risks on which they have made insurance ; and by
that name and style may sue and be sued, appear, prosecute
and defend in any court of record, or other court or place
whatsoever ; and may have and use a common seal, and may seal,
alter and renew the same at pleasure ; may purchase and
hold such real and personal estate as may be necessary to
effect the objects of their association, and may sell and con-
vey the same at pleasure, exclusive of such as may be bjd
oft' or taken in payment of any debt due said corporation ;
may make, establish and put in execution such by-laws, or- By-iawa.
(iSG INSURANCE COMPANIES.
dinances and resolutions not being contrary to the laws of
this state or of the United States, as may be necessary to
carry into effect the provisions of this act.
Nine directors. § 3. All the corporate powers of this company shall be
exercised by a board of directors consisting of nine persons,
all of whom shall be citizens of this state and members of
this company, and such other officers, clerks and agents as
©fficers. the said board may appoint. They shall elect from their
own board a president and vice-president. Said directors,
president and vice-president shall each, respectively, hold
Term of office, their offices for the term of one year and until others are
elected ; and said board shall have power to fill any vacan-
cies in their own body, a plurality of votes constituting a
Quorum. choice ; a majority of said board shall constitute a quorum
for the transaction of business. The persons named in the
first section of this act shall constitute the first board of di-
rectors, and shall hold their offices until the first election of
directors and until others are chosen.
Annual election. § 4. The first election of directors shall be held on the
first Tuesday of January next, and there shall be an elec-
tion of directors on the first Tuesday of January, annually,
thereafter. Such election shall be held at the office of the
company at such hour of the day as the directors shall, for
the time being appoint, notice of which shall be given in
one of the newspapers printed in the county of Jo Daviess,
at least twenty days immediately preceding such election ;
and such election shall be hoi den under the inspection of
three members of the company, to be appointed previous to
such election, by the board of directors, and such election shall
be made by a plurality of votes of the mem Iters present, or
their proxies, allowing each member one vote for each poli-
cy by him, her or them held and in force in this company ;
Proxy votes and the board of directors arc hereby authorized, at any of
their meetings, to provide a form for the appointment of
proxies, and specify the evidence that may be necessary in
the execution thereof.
§ 5. If it shall at any time happen that the election of
directors shall not be held or made on a day when, pursu-
ant to this act, it ought to have been held or made, this cor-
poration shall not for that cause be dissolved, but it shall be
lawful on any other day to hold and make an election of di-
rectors, notice of which shall be given as herein prescribed.
Applications. § 6. It shall be the duty of the corporators named in
the first section of this act, or any number of them not less
than five, to open books to receive applications for insurance
to be effected by said company ; and after the receipt of such
applications to the extent of one hundred thousand dollars,
the books may be closed and the company organized : Pro-
vided, that if the corporation created by this act shall not
organize within one year from the date of the passage here-
of, then this act shall become null and void.
INSURANCE COMPANIES. 687
§ 7. The rates of insurance shall be fixed and regulated Rates of insur-
bj the board of directors and premium notes may be re- ance'
ceived from the insured, which shall be paid at such time
or times, and in such sum or sums as the directors shall,
from time to time, require for losses and expenses. The
directors may, also, fix the amount in money that each
party shall pay at the time of insuring; and any party ap-
plying for insurance, so electing, may pay a definite sum
of money, in full, for such insurance, and in lieu of a
premium note.
§ 8. Said company shall have power and are hereby stoek policies,
authorized to issue stock policies (so-called) to any and all
persons, corporations and firms not desirous of participating
in the profits or losses of the company ; and all gains or
losses on such policies and premiums received therefor, shall
be passed to the account of profit and loss in the books of
the company.
§ 9. The cash premiums received by this company shall cash premiums.
be applied in payment of losses and expenses, before any
assessment shall be made on the premium notes ; and the
cash premiums, together with the premium notes, shall con-
stitute the capital stock of this company.
§ 10. If it should ever so happen that the whole stock E*c.fV.n<1,.c,e"
i ; -l <■ i ' i • if • i hcit of stock.
and contributions ot this company be insufficient to pay and
satisfy all losses and expenses, in such case, a just average
shall be made, and the payment to be demanded by virtue
of any policy shall be a dividend of such stock and contri-
butions in proportion to the whole amount of losses and ex-
penses ; should there be an excess of funds, the directors
shall have power to declare a dividend.
§ 11. The members of this company shall be and are Members, how
hereby bound and obliged to pay their proportion of any
losses and expenses happening and occurring during the
time for which their policies were issued, to the amount of
their premium notes and cash premiums, and no more.
§ 12. The persons enumerated by name, as incorporators, who are mem
in the first section of this act, and ali persons holding mu-
tual policies issued by this company, their heirs, executors
and assigns, for and during the time such policies are in
force, and no longer, shall be deemed and taken to be mem-
bers of this company, and shall at all times be concluded and
bound by the provisions of this act.
§ 13. Applications for insurance shall state all the ma- Applications for
terial facts and circumstances affecting the risk, and all the
statements made in the application shall be binding upon
the insured, and shall be deemed and taken as a warranty
on his or her or their part.
§ 14. The operations and business of this company shall Home office,
be carried on and conducted at such place, in the town of
Warren, in the county of Jo Daviess, and state of Illinois,
insurance.
INSURANCE COMPANIES.
Policy,
void.
Suits
as the directors, from time to time, shall determine, and at
any other place by agency.
guiu. § 15. "Whenever any assessment is made, or any premi-
um note given to this company for any risk taken by this
company, or as a consideration for any policy issned or to
be issued by this company, and an action is brought for the
recovery of such assessment, the certificate of the secre-
tary of said company, under the seal of said company, spe-
cifying such assessment and the amount due said company
on such note or notes, shall be taken and received as 'prima
facie evidence thereof, in all courts and places whatsoever.
§ 16. In case any member of this company shall neglect
or refuse to pay his, her or their assessment, as levied by
the directors, for the space of thirty days after notice there-
of, his, her or their policy shall become void, and of no force
and effect whatever, until such payment is made.
§ 17. Suits at law or in equity may be maintained by
this company against any of its members, and, also, by any
member of this company against the company ; and in any
suit against this company, any member thereof shall be a
competent witness for and in behalf of the company.
§ 18. The board of directors may invest and employ the
funds of this company in such way and manner as they
may judge that the interests and welfare of the company
require ; but nothing in this act shall be so construed as to
authorize the company to exercise any banking privilege,
or to issue any certificate of deposit to circulate as money or
currency,
officers. | 19. The board of directors shall appoint a treasurer,
secretary and such assistants as he may require, who shall
hold their offices during such time or times as said board of
directors shall determine.
§ 20. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein contained, and take
effect on its passage and continue in force fifty years.
Approved February 16, 1865.
investment
funds.
la force April 17, AN ACT to incorporate the Kendnll County Mutual Fire Insurance Com-
1865. pany.
Section 1. Be it enacted by the People of the State of
corporators. Illinois, represented in the General Assembly, That Jacob P.
Black, Jeremiah Flanders, James H. Felch, William W.
Roberts, Thomas Finney, Robert Hopkins, Sherrili Bush-
nell, A. K. Wheeler, John Saterly and Irus Coy, and all
other persons who may hereafter become members of said
company, in the manner herein prescribed, be and they
INSUBANCE COMPANIES. 089
hereby are incorporated and made a body politic, by the name
of " The Kendall County Mutual Fire Insurance Cora- Name and style.
pany," for the purpose of insuring their respective dwelling
houses, barns, and other out-buildings, and the property
therein contained, which shall constitute the first class, and istand 2dcSa*«.
mills, shops and taverns, and the property therein contained,
and such other property as said company may desire, which
shall constitute the second class, against loss or damage by
fire, whether the same shall happen by accident, lightning,
or by any other means, except that of design in the insured,
or by the invasion of an enemy, or insurrection of the citi-
zens of this or any of the United States ; each of said
classes being respectively liable for its own losses ; and by Powers,
that name may sue and be sued, plead and be impleaded,
appear and prosecute and defend, in any court of record or
other place whatever; may have and use a common seal;
may purchase and hold such real and personal estate as may
b'e necessary to effect the objects of their association, and
the same may sell and convey at pleasure ; may make and
establish and put in execution such by-laws, ordinances and
resolutions, not being contrary to the laws of this state or
of the United States, as may seem necessary or convenient
for their regulation and government, and for the manage-
ment of their affairs ; and do and execute all such acts and
things as may be necessary to carry into full effect the pur-
poses intended by this grant: Provided, if the corporation Proviso,
created by this act shall not organize within one year from
the passage thereof, then this act shall be null and void,
§ 2. And be it further enacted, That all and every Member*.
person and persons who shall, at any time, become inte-
rested in said company by insuring therein, and also
their respective heirs, executors, administrators and assigns,
continuing to be insured therein, as hereinafter provided,
shall be deemed and taken to be members thereof, for and
during the term specified in their respective policies, and
no longer, and shall at all times be concluded and bound by
the provisions of this act.
§ 3. And be it further enacted, That there shall be a Annual election,
meeting of said company held at the village of Yorkville,
in said county of Kendall, on the second Wednesday of
September, annually, or on such other day as the said com-
pany may hereafter determine ; at which meeting shall be
chosen, by a majority of the members present, a board of
directors, consisting of not more than eleven nor less than
six, who shall continue in office until others shall be chosen
and accept the trust in their stead. All vacancies in said vacancies.
board may be filled by the remaining members or directors,
until the next annual meeting; and a majority of the whole
number shall constitute a quorum for the transaction of
business. Special meetings of the company may be called
GOO INSURANCE COMPANIES.
by order of the directors, or in such other manner as the
by-laws thereof may have prescribed.
rowers of direct- § 4. And be it further enacted, That the board of
directors shall superintend the concerns of said company,
and shall have the management of the funds and property
thereof, and of all matters and things thereunto relating,
not otherwise provided for by said company. They shall
have power from time to time to appoint a secretary, treas-
urer, and such other officers, agents and assistants as to them
may seem necessary, and prescribe their duties, and fix their
compensation, take such security from them as they may
deem necessary, for the faithful performance of their re-
spective duties, and may remove them at pleasure. They
shall determine the rates of insurance, the sum to be in-
sured on any building, not exceeding three-fourths of its
value, and the sum to be deposited for the insurance thereof.
They shall order and direct the making and issuing of all
policies ot insurance; the providing of books, stationery,
and Dther things needful for the office of said company, and
for carrying on the affairs thereof; and may draw upon the
treasurer for the payment of all losses which may have hap-
pened, and for all expenses incurred in transacting the con-
rre*iaent. cenis of said company. They shall elect one of their own
number to act as precedent, and may hold their meetings
monthly, and oftener if necessary, for transacting the busi-
itecord. ness of the company, and shall keep a record of their pro-
ceedings ; and any director disagreeing with a majority of
the board, at any meeting, may enter his dissent, with his
reasons therefor, on record.
'N«MDSt for pay' § &. And be it further enacted, That every person who
shall become a member of said company, by effecting insu-
rance therein, shall, before he receives his policy, deposit
his promissory note for such sum of money as shall be de-
termined by the directors; apart, not exceeding five per
cent., of which note, shall be immediately paid for the pur-
pose of discharging the incidental expenses of the said
company; and the remainder of said deposit note shall be
payable in part or the whole, at any time when the directors
shall deem the same requisite for the payment of losses or
other expenses; and at the expiration of the term of insu-
rance, the said note, or such part of the same as shall remain
unpaid, after deducting all losses and expenses accruing
during said term, shall be relinquished and given to the
signer thereof.
"aHiabie how § ^' And ^ ^ furi^er enacted, That every member of
said company shall be and hereby is bound and obliged to
pay his proportion of all losses and expenses happening or
accruing in and to said company ; and all buildings insured
by and with said company, together with the right, title and
interest of the assured to the lands on which they stand,
shall be pledged to the said company ; and said company
INSURANCE COMPANIES. 69 i
shall have a lien thereon, against the assured, during the
continuance of his, her or their policy.
§ 7. And be it further enacted, That in the case of any Losses, how ad-
loss or damage by fire happening to any member, upon pro- Jus
perty insured in and with said company, the said member
shall give notice thereof, in writing, to the directors, or some
one of them, or to the secretary of said company, within
thirty days from the time such loss or damage may have
happened ; and the directors, upon a view of the same, or
in such other way as they may deem proper, shall ascertain
and determine the amount of said loss or damage; and if
the party suffering is not satisfied with the determination of
the directors, the question may be submitted to referees, or
the said party may bring an action against said company
for said loss or damage.
§ 8. And be it further enacted, That the directors shall, suits on notes,
after receiving notice of any loss or damage by fire sustained
by any member, and ascertaining the same, or after the ren-
dition of any judgment, as aforesaid, against said company,
for such loss or damage, settle and determine the same, to be
paid by the several members thereof, as their respective
portions of such loss, and publish the same in such manner
as they shall see fit, or as the by-laws shall have prescribed;
and the sum to be paid by each member shall always be in
proportion to the original amount of his deposit note or
notes, and shall be paid to the treasurer within thirty days
next after the publication of said notice ; and if any mem-
ber shall, for the space of thirty days after such notice,
neglect or refuse to pay the sum assessed upon him, her or
them, as his, her or their proportion of any loss, as afore-
said, in such case the company may sue for and recover the
whole amount of his, her or their deposit note or notes,
with costs of suit; and the money thus collected shall re-
main in the treasury of said company, subject to the pay-
ment of such losses and expenses as have or may thereafter
accrue; and the balance, if any remain, shall be returned
to the party from whom it was collected, on demand, after
thirty days from the expiration of the term for which insu-
rance is made.
§ 9. And be it further enacted, That if it shall ever so Losses,
happen that the whole amount of deposit notes shall be in-
sufficient to pay the losses occasioned by fire, the sufferers
insured by said company shall receive, toward making good
their respective losses, a proportionate dividend of the whole
amount of said notes, according to the sum by them re-
spectively insured; and any member, on paying the whole
of his deposit note, and surrendering his policy, may be
discharged.
§ 10. And be it further enacted, That the said company Term of insur-
may make insurance for any term not exceeding seven
years ; and any policy of insurance issued by said company,
sold.
692 INSURANCE COMPANIES.
signed by the president and countersigned by the secretary,
shall be deemed valid and binding on said company, in all
cases where the assured has a title in fee simple, unincum-
bered, to the building or buildings insured, and to land cov-
ered by the same ; but if the assured have a less estate
therein, or if the premises be incumbered, the policy may
be void, unless the true title of the assured and the incum-
brance on the premises be expressed therein.
Pay losses or re- §11. And be it further enacted, That the directors shall
settle and pay all losses within three months after they shall
have been notified, as aforesaid, unless they shall judge it
proper, within that time, to rebuild the building or buildings
destroyed, or repair the damages sustained, which they are
Proviso. hereby empowered to do in a convenient time : Provided,
they do not lay out and expend in such building or repairs
more than the sum insured on the premises; but no allow-
ances are to be made, in estimating damages, in any case,
for gilding, historical or landscape painting, stucco, or
carved work, nor are the same to be replaced, if destroyed
by fire.
Property, when g 12. And be it further enacted, That when any build-
ing or buildings shall be alienated, by sale or otherwise, the
policy shall thereupon be void, and be surrendered to the
directors of said company, to be canceled. Upon such sur-
render, the assured shall be entitled to receive his, her or
their deposit note, upon the payment of his, her or their
proportion of losses and expenses that have accrued prior
to such surrender : Provided, however, that the grantee or
alienee having the policy assigned to him, may have the
same ratified and confirmed to him, her or them, for his,
her or their benefit, upon application of the directors, and
with their consent, within thirty days next after such aliena-
tion, on giving proper security, to the satisfaction of the di-
rectors, for such portion of the premium or deposit note as
may remain unpaid; and by such satisfaction and confirma-
tion, the party causing the same shall be entitled to all the
rights and privileges, and subject to all the liabilities, which
the original party insured was entitled and subjected to,
under this act.
Abtciidin0° °f § 13- And be it further enacted, That if any alteration
should be made in any building or buildings, by the pro-
prietor thereof, after insurance has been made thereon by
said company, whereby it may be exposed to greater risk or
hazard from fire than it was at the time it was insured, then,
and in every such case, the insurance made upon any such
building or buildings shall be void, unless an additional
premium and deposit, after such alteration, be settled with
and paid to the directors ; but no alterations and repairs in
buildings, not increasing such risk or hazard, shall in any
wise affect the insurance previously made thereon.
INSURANCE COMPANIES. 093
§ 14. And he it further enacted, That if insurance on Double insurance
any building or buildings sh ill be and subsist in said com-
pany, and in any other office, or from and by any other
person or persons, at the same time, the insurance made in
and by said company shall be void, unless such double in-
surance subsists by the consent of the directors, signified by
indorsement on the back of the policy, signed by the presi-
dent and secretary.
§ 15. And be it further enacted. That the said Jacob First meeting.
P. Black, Jeremiah Flanders, James H. Felch, William W.
Roberts, Thomas Finney, Robert Hopkins, Sherrill Bush-
nell, A. K. Wheeler, John Saterly and. Irus Coy, or either
four of them, may call the first meeting of the members of
said company, at any suitable time, at Yorkville, in said
county of Kendall, by advertisement in any newspaper
printed in said county, giving at least ten days' notice of
the time, place and design of said meeting, for the purpose
of choosing the Hist board of directors, of making and es-
tablishing by-laws, and of transacting any business neces-
sary and proper to carry into effect the provisions and inten-
tions of this aot: Provided, hoieever, that no policy shall Proviso,
be issued by said company, until application shall be made
for insurance on fifty thousand dollars, at least.
§ 16. And be it further enacted, That any future legis- Act may be re-
lature may alter, amend or repeal this act, or any of the pea e '
provisions thereof.
Appkoved February 15, 18G5.
AN ACT to incorporate the Kishwaukie Insurance Company. In force Feb. 16,
1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from the
time this act shall take effect Aaron K. Stiles, James S. corporators.
Waterman, Hiram Elwood, James II. Beveridge and Tjder
K. Waite, and all other persons who may hereafter associate
with them in the manner herein prescribed, shall be a body
politic and corporate, by the name and style of "The Kish- Name and style,
waukie Insurance Company," and by that name ma}r sue
and "be sued, appear, prosecute and defend in any court of
record, or other court, or place, whatsoever; maynave and seal.
use a common seal and alter and renew the same at pleas-
ure; may purchase and hold such real and personal estate General powers,
as may be necessary to effect the objects of their corporation
and association, and sell and convey the same at pleasure ;
may make and establish such by-laws, ordinances and reso-
lutions, not being contrary to the laws of this state or of
the United States, as may seem necessary or convenient for
694 INSURANCE COMPANIES.
their regulation and government, and for the management
of their affairs, and do and execute such acts and things as
may be necessary to carry into effect the purposes in this
act.
who are mem- § 2. All persons who shall, at any time, be insured in
this company, shall be members thereof during the contin-
uance in force of their respective policies, and no longer,
and shall, at all times, be bound by the provisions of this
act.
Number of direc- g 3. The affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more
than fifteen members, as may be regulated by the by-laws
of said company; said directors shall be chosen by ballot
<ia»uin. from among the members of said company, and a majority
of the whole board shall constitute a quorum fur the trans-
action of business ; the executive committee of said com-
pany shall possess all the powers of the board of directors
when the board is not in session.
©ffiee.-s. § 4. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their
respective offices fur one year or longer, as may be pre-
scribed by the by-lawrs of said company, and until others
Executive com- are chosen in their places ; the board of directors shall also
appoint an executive committee, to consist of three directors;
subordinate officers, agents and examiners, may be appointed
by and in the manner prescribed by the by-laws of said
company.
insurant. § 5. This company may make insurance on all descrip-
tions of property against loss or damage by lire, lightning,
wind, and the risks of inland navigation and transportation,
and may cause themselves to bo re-insured upon the whole
or any part of any risk on which they may have made
insurance.
Rates. § 0. The rates of insurance shall be fixed by the board
of directors or executive committee of said company. Pre-
mium notes may be received from the insured, which shall
be paid at such time or times, and in such sum or sums as
the directors shall require, for the payment of losses and
Premium notes, expenses; any person applying for insurance may pay a
definite sum of money in full for said insurance, and in lieu
of a premium note. The cash premiums, together with the
capital stock, premium notes, shall constitute the capital stock of said
company, which may be increased by a guarantee capital,
as hereinafter provided.
Payment losses. § 7. The directors of said company may levy an assess-
ment upon the premium notes at any time they may deem
it necessary for the payment of losses and expenses.
Members liable. § 8. The members of this company shall be and are
hereby bound to pay their proportion of all losses and
expenses happening and accruing during the time for which
their policies were issued and in force, and to the amount
INSURANCE COMPANIES. 695
of their premium notes and no more, and said company
shall have a lien on all buildings insured.
§ 9. All statements made in any application for insu- Application*.
ranee shall be binding upon the insured, and a warranty
upon his, her or their part.
§ 10. "Whenever any assessment is made upon any pre- when policy u
mium note given to said company, and the maker thereof
shall neglect or refuse to pay the amount of said assessment
for the sp:ice of thirty days after notice of such assessment,
which notice shall be given in the manner prescribed by the
by-laws of said company, his, her or their policy shall
become null and void and of no effect, and action may be
brought at law for the whole amount of premium note, and
in case an action is brought for the recovery of any assess-
ment due said company, the certificate of the secretary of
said company, stating the amount of such assessment, shall
be taken and received as prima facie evidence in all courts
and places whatsoever.
§ 11. The persons named in the first section of this act Annual election,
shall be and they are hereby constituted a board of directors
for said company, to serve as such until the first annual
election of directors herein provided for, and until others
are chosen ; the directors of said company shall be elected
on the first Monday in June of each year, and such election
shall be held at the office of said company, at such hour of
the day as the directors or executive committee of said com-
pany may appoint ; such election shall be held under the
inspection of three members of said company, to be appointed
previous to every election by the executive committee of
said company; such election shall be made by a plurality of
the votes of the members present or their proxies, allowing
one vote for each policy held and in force or share of guar-
antee stock held. The directors or executive committee
are hereby authorized, at any of their meetings, to provide a
form for the appointment of proxies, and to specify the evi-
dence that may be required of the execution thereof.
§ 12. All meetings of the board of directors and execu- Meetings, ht,»
tive committee to be called in the manner prescribed by the
by-laws of said company.
§ 13. This company shall have power to issue policies Term of policies.
for any term of years, not exceeding ten.
§ 14. The secretary of said company may appoint a Deputy.
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
§ 15. The said company, through its officers or board of investment «.f
directors, may invest, loan and employ the funds of the
company in such way and manner as they may judge that
the interest and wellfare of the company may require.
§ 16. If it shall so happen that the election of directors Elections.
of said company shall not be held on the day when pursu-
INSURANCE COMPANIES.
ant of this act it ought to have been made or held, this
company for that cause shall not be deemed to be dissolved,
but it shall be lawful on any other day to make and hold an
election, notice of which shall be given in a manner pre-
scribed by the by-laws of said company.
Home office. g ^ The home office of said company shall be in the
town of Sycamore, in the county of DeKalb, and state of
Illinois; said company may do business in any other place
by agency, or may remove its home office to any other town
or city in said state of Illinois.
Guaranty stock. g is. For the better security of policy holders, the said
company may receive guarantee notes, United States stocks,
state stocks, national bank stocks or mortgages on real estate,
double the amount of incumbrance in value, to be approved
by the board of directors, or by the executive committee
thereof, to an amount not exceeding three hundred thousand
dollars. The makers whereof shall be paid in consideration
of such guarantee a compensation, to be determined by the
board of directors of executive committee, but not exceed-
ing ten per cent, per annum; such notes or mortgages shall
be entitled to representation in the election of directors in
the ratio of one vote for every one hundred dollars, and
shall be liable for the losses and expenses of the company
whenever the cash premiums and premium notes are insuf-
ficient to pay the same. Scrip certificates may be issued
for such guarantee funds, transferable only on the books of
the company.
§ 19. This act shall be deemed a public act, and be liber-
ally construed for the purposes therein mentioned, and be in
force from and after its passage : Provided, that if the corpo-
ration created by this act shall not organize within one year
from and after the passage hereof, then this act shall be null
and void.
Approved February 16, 1865.
In force Feb. 15, AN ACT to incorporate the Knickerbocker Insurance Company of Chicago.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry
corporators. Fuller, Edward K. Clark, Henry II. Blacke and George W.
Fuller, and their successors, assigns and associates, be and
are hereby created a body corporate and politic, under the
Name and style, name of "The Knickerbocker Insurance Company of Chi-
cago ;" and by such name shall have perpetual succession ;
General powers, may sue and be sued, plead and be impleaded, answer and
be answered unto, defend and be defended; may have and
use a common seal, which they may alter at pleasure, and
INSURANCE COMPANIES. 697
may purchase, hold or convey any estate, real or personal,
for the use of said company ; may also make such by-laws
as are necessary for the regulation of its affairs ; and in
addition to these general powers, shall have authority by
instrument, under seal or otherwise, first to make insurance
on all descriptions of property against loss or damage by
fire ; second, to make insurance on cargoes and freights of
boats and vessels, and on bottomy and respondentia interest
against the perils of marine and inland navigation ; third,
to cause themselves to be re- insured against any risk on
which they may have insurance: Provided, that if the cor- Proviso,
poration created by this act shall not organize within one
year from the passage thereof, this act shall be null and
void.
§ 2. The capital stock of said corporation shall be five capital stock,
hundred thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in such installments as the
board of directors may direct: Provided, that the first
installment thereon shall not be less than ten per cent., and
said stock shall be transferable only on the books of said
company.
§ 3. Books of subscription may be opened under the Books of sab-
direction of the board of directors as hereby constituted, and scnp 1Q
when one hundred thousand dollars have been subscribed the
said board of directors may declare the company organized,
and proceed to call in the first installment ot the stock in cash,
and for the balance of such subscriptions, may take bonds
and mortgages of real estate or other approved collateral
securities in their discretion ; and may also, from time to
time, invest in like securities or otherwise, as they see fit,
whatever amount of paid up capital or other assets in the
possession of the company, the said board of directors may
deem best for the interests of the company to so invest.
§ 4. The persons named in the first section of this act First directors,
shall constitute the first board of directors, and shall hold
their offices until the third Monday in January next, succeed-
ing the organization of the company, and until their succes-
sors are elected and qualified ; and on the third Monday in Annual eie«tion
January in each year there shall be an election of not less
than three, nor more than twenty-five directors, held in the
city of Chicago, at such place as the existing board may
prescribe, and it shall be an essential qualification that each
director shall be a stockholder in said corporation. All the
corporate powers of said corporation shall be vested in and
exercised by said board of directors, and such officers and
agents as said board shall appoint ; and the said board of vacancy, how
directors shall have power to fill any vacancy that may
occur in their own body, a majority of votes constituting a
choice.
§ 5. All policies of insurance issued by said corporation Policies,
shall be signed by the president and secretary, and in case
—32
698
INSURANCE COMPANIES.
Home office.
of the death or absence of the president, by a vice president
in his stead, and all losses arising under any policy so signed,
may be adjusted and settled by the president and secretary,
under such regulations and orders as the directors may,
from time to time prescribe.
§ 6. The office of the company shall be located and kept
in the city of Chicago, but the officers of the company may
appoint agents in other places, as they may deem necessary
or conducive to the interests of said company.
§ 7. This act is hereby declared a public act, and shall
take effect from and after its passage, and shall be liberally
construed for the purposes therein contained.
Approved February 15, 1865.
In force Feb. 16, AN ACT to incorporate the Lamar Insurance Company, Chicago, Illinois.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That there
capital stock, shall be and hereby is established in the city of Chicago,
county of Cook, in said state, an insurance company, to be
known by the name and style of the "Lamar Insurance Com-
pany," with a capital stock of one hundred thousand dol-
lars, divided into shares of one hundred dollars each, which
may be increased at the will of the directors to any amount
not exceeding one million dollars, to be subscribed and paid
for in the manner hereinafter specified.
Books of sub- § 2. Charles B. Holmes, Leonard Swett, Lorenzo Hap-
scription. gQod^ gimeon L 0o6j Daniel Richards, or any three of
them, are hereby authorized to open, or cause to be opened,
books of subscription for the capital stock of said company,
at such time and place as they shall think proper, said books
to be kept open until at least fifty thousand dollars shall be
subscribed, when the subscribers may, after five days' notice
being given by said commissioners in any paper published
in said city of Chicago, may be located, meet, and under the
inspection of said commissioners, choose a board of seven
directors to serve as hereinafter specified.
Name and style. § 3. The subscribers of said stock, their associates, suc-
cessors and assigns, shall be and they are hereby declared a
body politic and corporate, by the name and style of the
"Lamar Insurance Company," and by that name shall be
Powers. capable, in law, of contracting and being contracted with,
suing and being sued, pleading and being impleaded, an-
swering and being answered unto, defending and being de-
fended against, in all courts and places whatsoever, in all
manner of actions, suits, complaints and causes.
3e»i. § 4. The said corporation may have and use a common
seal, and alter and renew the same at pleasure ; may pur-
INSURANCE COMPANIES. 699
chase and hold such real and personal estate as may be
necessary or desirable to effect the object of their associa-
tion, and sell and convey the same at pleasure; may make,
establish and put in execution such by-laws, ordinances and By-laws,
resolutions, not being at variance with the laws of this state
or the United States, as may seem necessary or convenient
for their regulation and government and for the manage-
ment of their affairs, and do and execute all such acts and
things as may be necessary to carry into effect the purposes
intended in this act.
§ 5. This corporation shall have full power and authority insurance.
to take insurance on all descriptions of property, of every
name, -nature and description whatsoever, against loss or
damage by fire or tornado, and on all descriptions of vessels,
cargoes and freight, against the perils of marine and inland
navigation. They may also cause themselves to be insured
or re insured against all or any risks upon which they have
made insurance; and also upon all property of every kind,
or any interest therein owned or held by them as security ;
they also have authority to loan their surplus or unemployed surplus capital,
capital or money on personal, real or other securities, at such
rates of interest as may be done under the existing laws of
this state, or invest the same in stocks.
§ G. The board of directors chosen as hereinbefore men- Term directors,
tioned, shall serve as follows : twTo of them from the time of
their election until the second Tuesday in May, a. d. 1866 ;
two of them until the second Tuesday of May, a. b. 1867 ;
and three of them until the second Tuesday in May, a. d.
186S ; their respective terms of office to be decided by lot,
at their first regular meeting. The election for directors of Annual election.
this company thereafter shall be held on the second Tuesday
in May of eacli year, when an equal number of directors
shall be elected to those whose term of office expires with
the date of said election, whose term of office shall continue
for the next three years ensuing.
§ 7. The board of directors shall elect a president, vice officers,
president, secretary and treasurer, who shall hold their re-
spective offices for three years, or until others are chosen.
The board of directors may also appoint an executive com-
mittee from among their own members, and such committee,
when the board is not in session, may exercise all the
powers vested in the company, except where the company
has, by its by-laws, provided otherwise. The board of
directors may appoint examiners, agents, and such subordi-
nate officers as they may deem necessary, who shall hold
their offices during the pleasure of the board.
§ 8. Upon the election of officers, as hereinbefore pro- y?hen t0 or«an-
vided, and the adoption of their by-laws, ordinances or reso-
lutions providing for the management of their business, this
company shall be deemed as having organized under the
700 INSURANCE COMPANIES.
provisions of this act, and may thereafter establish agencies
in other places for the transaction of their business.
subscriptions to g 9. At any time after the organization of this company .
under the provisions of this act, the secretary may re-open
the books for receiving subscriptions to the capital stock of
this company, until such subscriptions shall reach the
amount of the capital stock herein provided for of one hun-
dred thousand dollars, when said books shall be closed until
further subscriptions are authorized by the board of direc-
tors, when the secretary may again open them for further
subscriptions.
Directorsmay be § 10. The board of directors may be increased in number
from that of seven, as herein specified, to any amount not
exceeding fifteen, at any regular annual election, upon the
certificate of the secretary and president that such increase
in number is required to secure the efficient management of
its affairs; and such additional directors shall be divided as
near equal as may be between the terms of one, two and
Quorum. three years, as herein provided ; and a majority of the whole
board shall constitute a quorum for the transaction of busi-
ness until said board shall consist of more than seven mem-
bers, after which five members of the board shall constitute
a quorum for the transaction of business, having the same
power that a majority of the whole board would have : Pro-
vided, the president, secretary and treasurer shall constitute
Election of offi- a portion of said five. The board of directors, president,
vice president, secretary and treasurer shall be elected by
ballot, at such hour of the day as the secretary may appoint,
notice of which shall be given in an}' newspaper printed in
the city of Chicago, pany may be located, at least ten days im-
mediately preceding such election, and such election shall
be held under the inspection of three persons, to be appoint-
ed, previous to every election, b\ the board of directors ;
such election shall be made by a plurality of votes of the
members present, or their proxies, allowing one vote for
each share of the capital stock. The by-laws of this com-
pany shall provide the form and specify the evidence re-
quired in the appointment of proxies and execution thereof.
Elections. § H. If it shall at any time happen that the election of
directors shall not be held or made on a day when, pursuant
to this act, it ought to have been held or made, this corpora-
tion shall not, for that cause, be deemed to be dissolved, but
it shall be lawful on any other day to make and hold an elec-
tion of directors, notice of said election to be given as herein-
before prescribed.
Payment of stock § 12. The payment of the stock subscribed for shall be
made by the subscribers respectively, at the time and in the
manner following, viz: At the time of subscribing there
shall be paid on each share five dollars, and the balance due
on each share shall be subject to the call of the directors,
under such penalties as the board of directors may appoint
INSURANCE COMPANIES. 701
and order, and shall be secured to be paid on demand, or
otherwise, as the said directors shall require, by a deposit of
United States bonds, stocks of national banks, or approved
notes, secured by mortgage on real estate worth at least
double the amount secured thereon.
§ 13. The stock of said corporation shall be regarded as stock personal
personal property, and shall be assignable and transferable,
according to such rules and restrictions as the board of direc-
tors shall from time to time determine.
§ 14. The expenses incurred by the commissioners in Expenses, how
executing duties required by this act, shall be paid out of pal<
moneys received by them of the subscribers to the capital
stock, and may be retained by them for that purpose, and
the balance so received shall be paid over to the directors
after they shall have been elected.
§ 15. This company shall have power to make contracts Term of contract
for any term not exceeding five years, and such contracts,
when signed by the president and secretary, shall be binding
until the expiration of the term for which they were made.
§ 16. In case of any loss or losses, whereby the capital Losses adjusted.
stock of said company may be lessened before all the install-
ments are paid in, each proprietor or stockholder's estate
shall be held accountable for the installments that may re-
main unpaid on his share or shares at the time of such loss
or losses taking place, and no subsequent dividend shall be
made until the sum arising from the profits of the business,
or by advance of the stockholders to make good said capital
stock, shall have been added thereto : Provided, that the
stockholders shall not be individually liable beyond the
amount of stock held by them respectively.
§ IT. This company shall have power to make and de- Dividend?,
clare dividends of the profits arising from the business of
said corporation.
§ 18. Suits at law may be maintained by said company Suits at law.
against any of its members for the collection of stock or pre-
mium notes, or assessments thereon, or for any other cause re-
lating to the business of said company, and suits at law may
also be prosecuted and maintained by any member against said
company.
§ 19. It shall be lawful for the secretary of this company Deputy.
to appoint a deputy, whose authority shall be specified in his
appointment.
§ 20. All meetings of the directors of this company N°tice of meet-
shall be called by the secretary, notice of which can be given
by publishing in a newspaper printed in Chicago, Illinois.
§ 21. The terms of insurance in this company shall be Terms of insu-
such as may be agreed upon between the insurer and in-
sured. The rates of insurauce shall be fixed and regulated
by the board of directors, and premium notes may be re-
ceived from the insured, which shall be paid at such time or
702 INSURANCE COMPANIES.
times, and in snch sum or sums as the directors shall require
for payment of losses and expenses.
when policy is § 22. Whenever any assessment is made on any premium
note given to the Lamar Insurance Company for any risk
taken by said company, and the maker thereof shall neglect
or refuse to pay the amount claimed by this company for the
space of thirty days after notice of such assessment, which
notice shall be given as prescribed in the by-laws of said
company, his, her or their policy shall become void and of
no effect, and shall so remain until the payment of said as-
sessment and the receipt of the secretary obtained therefor,
when said policy shall be again regarded as in full force and
effect.
Evidence in suits § 23. In case an action is brought for the recovery of
any assessment due this company, the certiiicate, under seal
of the secretary of said company, stating the amount of said
assessment, shall be taken and received as prima facie evi-
dence in all courts and places whatsoever.
Applications for § 24. Applications for insurance shall state all the mate-
rial facts and circumstances affecting the risk, and the state-
ment made in the applications shall be binding on the in-
sured and a warranty on his, her or their part.
§ 25. That no stockholder of the corporation hereby
created, shall be liable in his individual capacity for any debt
or liability of said company beyond the amount ot stock
held by him, and it is hereby provided, that if the corpora-
tion hereby contemplated is not fully organized according to
the provisions hereof, within one year from find after the
passage of this act, then this act shall be void.
§ 26. This act shall be deemed a public act, and be in
force from and after its passage.
Approved- February 16, 1865.
insurance.
Stockholders lia
ble.
In force Feb. 10, AX ACT to amend the charter of the LaSalle county Mutual Fire Insurance
18t)5" Company.
Skction 1. Be it enacted l>y the People of the /State of
Illinois, represented in the General Assembly, That sections
sections amend- four, seven, and eight, of the charter of said company, be
amended as follows, viz : Section four, by striking out, the
words "not exceeding two-thirds of its value, nor one half
the value of personal property," section seven, by striking
out the word " breweries," and section eight, by striking
out the words " not exceeding ten per cent."
§ 2. That so much of the act to which this is an amend-
ment, as is inconsistent with this act, be, and the same is
hereby repealed.
§ 3. This act to take effect from and after its passage.
Approved February 16, 1865.
INSURANCE COMPANIES. 703
AN ACT to incorporate the Travelers' Life and Health Insurance Company. In force Feb. 16,
1865.
Section 1. Be it en rated by the People of the State of
Illinois, represented in the General Assembly, That James
H. Calkins, John Rogers, George McKown, Henry W. Corporators.
Carpenter, Isaac i±. Barton, and George Morgan, be and
[are] hereby constituted a body corporate, and politic, and
with their successors, shall have perpetual succession, under
the name and style of " The Travelers' Life and Health In- Name and style,
surance Company."
§ 2. That the capital stock of said company shall not be Capital stock,
less than iifty thousand dollars, and may be increased, from
time to time, as the board of directors may think the inter-
ests of the company may require ; and books may be opened Books opened.
at the city of Galesburg, Knox county, state of Illinois, for
the subscription to the capital stock of said company, giv-
ing ten days' notice of the time and place where said in-
corporators will receive subscriptions, and shall be kept open
for ten days, and until the sum of fifty thousand dollars are
subscribed, when the books may be closed ; and, after giving
five days' notice, the persons who have become subscribers
to the aforesaid stock, may meet and elect six directors from Election of ai-
the said subscribers, which directors may elect, from their
own number, a president, vice president, and treasurer, and officers.
appoint a secretary and other officers from such as are or
are not stockholders ; and the said directors, president, vice
president, and treasurer, shall hold said offices one year,
and until their successors are elected ; and, under the name
and style of " The Travelers' Life and Health Insurance
Company," shall have power to sue and be sued, defend Powers,
and be defended, in all courts and in all manner of actions,
suits, complaints, and causes, where they are or may become
a party.
§ 3. The said corporation may have and use a common seal,
seal, which they may alter at pleasure, and the directors
may make, establish, and ordain such by-laws rates and By-iaws.
tables of premiums, and regulations, as shall, in their opin-
ion, be necessary for the good government and management
of the affairs of said company, and which are not repug-
nant to the laws and constitution of this state or of the
United States.
§ 4. The corporation shall have full power to take risks, To take risks,
and make insurance with any person or persons that travel
on their own business, or in the employ of others, and on
the health of all such persons while in such employ, or upon
the life or lives of all such persons, for the benefit of any
other person having pecuniary interest in the insured per-
son or persons, life or health, or interest, by marital relation,
and to do all acts and things necessary and incidental to
such insurance; and to loan their surplus or unemployed surplus funds,
capital, or money, or personal or real estate, and United
70A INSURANCE COMPANIES.
States bonds, and such other securities, at such rates of in-
terest, as the said directors may agree ; not exceeding that
allowed by law. No risk shall be taken, or policies issued,
until ten per cent, of the capital stock shall have been paid.
^ulb™nd'sniifere § 5* ^t s^ia^ k<3 lawful for any married woman, in her
own name, or in the name of any third person, with his
consent as her trustee, to cause to be insured, for her sole
use, the life and health of her husband while traveling, for
the period of his life, when the premium so paid, in any
one year, does not exceed five hundred dollars ; which may
be paid by, or from the funds or estate of her said husband,
or a policy in his name, and by him obtained, may be made
payable to his wife, or to her and her children, or to either,
and, in case her surviving her husband, the sum or net
amount of the insurance becoming due, and payable by the
terms of the insurance, shall be payable to her, to and for
her own use, free from the claims of the representatives of
the husband, or any of his creditors, other than this corpo-
ration ; and in case of the decease of the wife before the
husband, the amount of the said insurance may be made
payable after such death to her children for their use, and
to their guardian if under age.
Istockment °f § ®' ^ne Payment °f stock subscribed for, shall be made
by the subscribers, respectively, at the time and in the man-
ner following : At the time of subscribing, there shall be
paid in on each share subscribed, ten per cent., the balance
of said stock subscription shall be subject to the call of di-
rectors, and they shall give ten days' notice in a newspaper,
in said county of Knox, at the time of such payment; and.
each call shall not be less than ten nor more than twenty
per cent, at each of said calls, on the amount subscribed, which
shall be invested in loans on real estate, by mortgage or trust
deed, for not more than the one-half of the value of said real
estate or state bonds, or United States stocks or bonds; and
when twenty -five thousand dollars is so invested, and twenty-
five thousand dollars secured to the satisfaction of the di-
rectors, said corporation shall have and exercise all the
powers, rights and privileges, herein granted, at their dis-
cretion as a corporation.
Annual election. § ^ The board of directors shall be elected annually by
the stockholders, on the first Tuesday of January, in each
year after the first election, at such place as said directors
may fix ; and due notice being given to each stockholder in
person, or by mail, to his post office address, at least five
days previous to such election ; and said board shall not be
vacancy. iegs than five, and may fill any vacancy until the next an-
nual election ; at all elections each stockholder shall be
entitled to one vote for each share of one hundred dollars
stock held by him, upon which calls and dues are paid, and
he may vote by himself or by proxy ; a majority of said
directors shall be a quorum for business.
INSURANCE COMPANIES. <05
§ 8. The stock of said corporation shall be considered stock assi
personal property, and shall be assignable and transferable
according to such rules and restrictions, as the board of di-
rectors may, from time to time, make and establish ; but in
all cases of assignment or transfer of stocks, the person
to whom said stock may be assigned, shall be required to
give the same security for such unpaid stock as is required
of the original subscribers.
§ 9. The said corporation may purchase, hold, sell and ^ p^J,dert£na
c6nvey, all such real estate as may be deemed necessary for
the transaction of business, and take and hold any real es-
tate, mortgaged or pledged as security, and also to purchase
and sell, by virtue of any judgment or decree of a court
of law or equity or any trust deed, or power, to sell
or otherwise, and to take and receive any real estate or
other property in payment towards the satisfaction of any
debt previously due the said corporation, and to sell the
same under the direction of the board of directors, and all losses,
losses shall be paid within ninety days after due proof of
such loss be received at the office of said company, and in
case of any loss or losses whereby the capital stock of said
company may be lessened before all the subscribed stock
has been paid in, each stockholder's estate shall be account-
able for the installment that may remain unpaid on his share
or shares at the time of such loss taking place, and no sub-
sequent dividend shall be made until the sum arising from
the profits of the business or by advance of the stockhold-
ers to make good said capital stock shall have been added Dividends,
thereto. That whenever the net surplus receipts of the
corporation, over their losses and expenses, and after pro-
viding for their assumed risks shall be sufficient for the
purpose, the stockholders shall be entitled to a dividend an-
nually or semi-annually among said stockholders, as the
profits of said company, from time to time, may furnish ;
and if from losses said company is unable to make dividends
in any one year, it may be made up by subsequent divi-
dends.
§ 10. This charter shall be void and of no effect unless company to &r-
the company shall organize under, and agreeable to its pro- yearZe
visions, within one year after the passage of the act. This
act shall take effect and be in force from and after its pas-
sage, and shall continue in force perpetually, but may be
amended or altered, at the request of the directors, by the
legislature of this state.
§ 11. This act shall be subject to any general law that
may hereafter be passed upon the subject of insurance com-
panies, and shall not be construed as extending to the cor-
poration hereby created, any banking privileges.
Approved February 16, 1865.
700
INSURANCE COMPANIES.
In force Feb. 15,
1805.
AN" ACT to incorporate the Lincoln Mutual Insurance Company.
When to organ
ize.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from the
^ameand style, time this act shall take effect Abram Mayfield, R. D. Neal,
A. E. Ohrefield, L. Scroggins, "W. A. Pegram, and all
other persons who may hereafter associate with them in the
manner hereafter prescribed, shall be a body corporate and
politic, by the name and style of the "Lincoln Mutual In-
Powers. snrance Company ;" and by that name may sue and be
sued, appear, prosecute and defend in any court of record
or other court or place whatsoever, may have and use a
common seal and alter and renew the same at pleasure, may
purchase and hold such, real and personal estate as may be
necessary to effect the object of this association and sell and
convey the same at pleasure ; may make, establish and put
in execution such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may seem necessary and convenient for their
regulation or government and for the management of their
affairs, and do and execute all such acts and things as may
be necessary to carry into effect the purposes intended in
this act : Provided, that if the corporation created by this
act shall not organize within one year from the passage
hereof then this act shall be null and void.
§ 2. All persons who shall at any time be insured in
this company shall be members thereof during the con-
tinuance in fact of their respective policies, and no longer,
and shall at all times be bound by the provisions of this
act.
§ 3. The affairs of said compay shall be managed by a
board of directors, to consist of not less than three nor
more than fifteen members, as may be regulated by the
by-laws of said company. Said directors shall be chosen by
ballot from among the members of said company. A ma-
jority of the whole board shall constitute a quorum for the
transaction of business. The executive committee of said
company shall possess all the power of the board of direc-
tors when said board is not in session.
§ 4. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their
respective offices for one year, or longer, as may be deter-
mined by the by-laws of said company, and until others are
chosen in their places. The board of directors shall also
appoint an executive committee, to consist of three direc-
tors; subordinate officers, agents and examiners may be ap-
pointed by and in the manner prescribed by the by-laws of
said company.
§ 5. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
wind and the risks of inland navigation and transportation,
Quorum.
Officers.
INSURANCE COMPANIES.
707
and may lean their capital or surplus funds on bottomry or
respondentia, and may cause themselves to be reinsured
upon the whole or any part of any risk in which they may
have made insurance.
§ 6. The rates of insurance shall be fixed by the board Rates of insur-
'- . . .. . t " -r~> ance.
of directors or executive committee of said company. 1 re-
mium notes may be received from the insured, which shall
be paid at such time or times and in such sum or sums as
the directors shall require for the payment of losses or ex
penses. Any person applying for insurance may pay a
definite sum of money in full for said insurance in lieu of a
premium note. The cash premiums together with the pre-
mium notes shall constitute the capital stock of said com-
pany.
§ 7. The directors of said company may levy an assess- Ansftsessment cn
ment upon the premium notes at any time they may deem
it necessary, for the payment of losses and expenses.
§ 8. The members' of this company shall be and are How far mem-
o . ••ill l bers al'e lla,Jle-
hereby bound to pay their proportion ot all losses and ex-
penses happening and accruing during the time for which
their policies were issued, to the amount of their premium
notes and cash premiums, and no more.
§ 9. When any assessment is made on any premium suspension oi
0 . ,J i , i ii a policies.
notes given to the said company, and tne maker tnereol
shall neglect or refuse to pay the amount claimed by said
company, for the space of thirty days after the notice of such
assessment, (which notice shall be given in a manner pre-
scribed by the laws of said company,) his, her or their poli-
cies shall be suspended until payment shall be made, and
in case an action is brought for the recovery of any assess-
ment due said company, the certificate of the secretary of
said company, stating the amount of such assessment, shall
be taken and received as prima facie evidence in all courts
and places whatsoever.
§ 10. All statements made on any application for in- Applications.
surance shall be binding upon the applicants, and a war-
ranty upon his, her or their part.
§ 11. The persons named in the first section of this act Fh'st actors,
shall be and they are hereby constituted aboard of directors
for said company, to serve as such until the first annual
election of directors herein provided for, and until others
are chosen. The directors of said company shall be elected Annual election
on the first Tuesday in August of each year, and such
election shall be held at the office of said company at such
hour of the day as the directors or executive committee, for
the time being, shall appoint. Such election shall be held
under the inspection of three members, to be appointed pre-
vious to any election, by the executive committee of said
company. Such election shall be made by a plurality of
the members present, or their proxies, allowing one vote for
each policy held by members offering, and in force at the
708 INSURANCE COMPANIES.
Proxy votes. time of the member offering to vote. The directors or
executive committee are hereby authorized at any meeting
to provide a form for the appointment of proxies, and to
specify the evidence that may be required of the execution
thereof.
Meetings. § 12. All meetings of the board of directors and the
executive committee to be called in the manner prescribed
by the by-laws of said company.
Home office. " g i3# * <piie home office of said company shall be in the
town of Lincoln, in the county of Logan, and state of
Illinois.
Elections. g j^ jf ft sna]i ]iappen that the election of directors of
said company shall not be held on the day when, pursuant
to this act it ought to have been held, this company for that
cause shall not be deemed dissolved, but it shall be lawful
on any other day to hold an election, notice of which shall
be given in the manner prescribed by the by-laws of said
company.
vacancies. g 15. All vacancies in the board of directors may be
tilled by the remaining part of said board from among the
members of said company.
§ 16. This act shall be deemed a public act and be lib-
erally construed for the purposes therein mentioned, and be
in force on and after its passage.
Approved Feb. 15, 18G5.
In force Feb. 16, AN ACT to incorporate the Lumberman's Insurance Company of Chicago.
1865. *
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Heman
Kama and style. (-}. Powers, Thomas M. Avery, S. G. D. Howard, William
T. Allen, Nathan Mears, Charles B. Sawyer, Nelson Lud-
dington, Seneca D. Kinbark, Jesse Spalding, William B.
Phillips, and Martin Ryerson, their associates and succes-
sors, and all such persons as shall become stockholders, be
and they are hereby created a body corporate and politic,
by the name and style of " The Lumberman's Insurance
seal. Company." The corporation may have a common seal and
power to appoint all such servants and agents as it may
By-iaws. deem necessary, and may make and ordain and establish
such by-laws, rules and regulations for the management of
its affairs as it may think proper, not inconsistent with the
laws and constitution of the United States and the state of
Illinois ; and again, at its pleasure, to amend, alter and
Powers. repeal the same, and to have, possess and enjoy all the
rights, privileges and immunities necessary to effectuate the
purposes of this act, and to be recognized in all its rights
INSUKANCE COMPANIES. 709
and powers, without pleading the same, in all the courts of
the state of Illinois.
§ 2. The capital stock of this company shall be three capital stock,
hundred thousand dollars, with power to increase the same
to any sum, not exceeding one million dollars, by a vote of
a majority in interest of the paid stock at the date of such
vote, which shall be divided into shares of one hundred
dollars each, and which shall be deemed personal property,
and transferable on the books of the company only under
such regulations as may be adopted by the company.
§ 3. Books of subscription may be opened under the Books opened,
direction of the board of directors as hereby constituted,
and when the amount of capital as provided in the foregoing
section, shall have been subscribed, and fifteen per cent,
thereof actually paid in cash, the said board of directors
may declare the company organized.
§ 4. The persons named in the first section of this act First board,
shall constitute the first board of directors, in whom all the
powers of the corporation not otherwise herein specially
limited and provided shall be vested, and shall hold their
office until the first Monday in January next, succeeding
the organization of the company, and until their successors
are elected ; and on the first Monday of January in each Annual election,
year during the continuance of said corporation, an election
of directors thereof shall be held in the city of Chicago, at
such time and place as the existing board of directors may
prescribe. The stockholders of said corporation, in person rroxyyote.
or by proxy, shall be entitled to one vote for each share of
stock held by them respectively at the time of such election,
and the persons, to the number of eleven, being stockhold-
ers, receiving the highest number of votes at such election,
shall be declared elected directors of said corporation for
one year, and shall hold their offices until the next annual
election, and until their successors are elected. A majority
of the board shall constitute a quorum for the transaction of
business. The board of direstors may choose one of their officers,
number a president and another a vice president, also a
secretary and a treasurer, and such other officers and agents
as they may deem necessary, and whose qualifications, duties
and compensation, and the term of office may be fixed and
prescribed in the by-laws, regulations and resolutions of the
board of directors from time to time. The home office of nomeoffice.
this corporation shall be at the city of Chicago, in Cook
county, Illinois.
§ 5. The said company shall have power to make insu- insurance.
ranee against loss by tire on any and ail kinds of property,
houses and fixtures ; to make insurance and take any and
all marine risks, and to take all risks and make insurance
of lives, and against accidents, and to fix, charge and receive
such rates of premium therefor as may be agreed upon
between the parties, and any or either of the risks and
710 INSURANCE COMPANIES.
insurance. Fire, marine, life or accident, may be done upon
the mutual or stock principle, or upon both together.
Dividends. § 6. The corporation inay declare dividends, but all
dividends shall be applied in payment of the capital stock
subscribed, until the amount subscribed by each shareholder
shall have been paid up in full by the dividends declared
upon the stock, and so of the stock subscribed from time to
time, and the capital stock may be called in, as may be
required by the by-laws.
surplus capital, s 7. The company may invest any surplus capital or
how invested. ,, i j ■ i • J v j. l ±i -j."
other money on hand, in any kind 01 stocks or other securities
deemed safe, or in real estate, bonds and mortgages, or may
loan the same at any rate of interest, not exceeding ten per
cent., and may discount the interest reserved out of such
loan. The company may own such real estate as may be
needful to transact its business, and may take, hold, sell and
convey such other real estate as may be necessary to secure
any loan or debt due by judgment or otherwise ; in all cases
of loss exceeding the property and paid stock of the com-
pany, each shareholder shall be liable, fro rata, on the
amount, and to the amount of unpaid stock due from each.
Agencies. § 3. Said company may establish agencies, and do all
such acts by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may lix, determine and
prescribe in the by-laws the manner of making applications,
and the terms and conditions of the policy, and the manner
of adjusting losses; the board of directors may prescribe
the manner in which the unpaid stock shall be secured.
Act void in one This act shall take effect from its passage : Provided, how-
ganized.no °r ever, that if the corporation hereby created shall not be
organized within twelve months after the passage hereof,
the rights hereby granted shall cease and determine, and
said act shall become null and void.
Approved February 0, 18G5.
In force Feb. 14, AN ACT to incorporate the Macoupin Count? Mutual Insurance Company.
1865.
Section 1. Be it enacted by the People of the /State of
Illinois, represented in the General Assembly, That A.
corporators. Mckin Dubois, John M. Woodson, C. H. C. Anderson,
George II. Haliday, Alfred S. Maytield and Thaddeus L.
Loomis, and all other persons who shall hereafter become
members of the corporation hereby created, in the manner
herein prescribed, shall be a body politic and corporate, by
Name and style, the name and style of "The Macoupin County Mutual
Insurance Company," for the purpose of insuring farm
INSURANCE COMPANIES. 711
buildings, dwelling houses, stores, shops, and other buildings,
household furniture, merchandise, and other personal pro-
pert)1', against loss or damage by fire, and by that name may Powers,
contract and be contracted with, sue and be sued, appear,
prosecute and defend, in any court of record, or other court
or place whatsoever, and may have and use a common seal,
may purchase and hold such real and personal estate as may
be necessary to effect the objects of their association, and
may sell and convey the same at pleasure: Provided, such Pr<mso.
real estate shall not exceed one hundred and sixty acres ;
may make, establish and put in execution, such by-laws,
ordinances and resolutions, not being contrary to the laws
of this state or of the United States, as may be necessary
or convenient for their regulation and government, and for
the management of their affairs, and do and execute all such
acts and things as may be necessary to carry into full effect
the provisions of this act: Provided, that if the corporation
hereby created shall not organize within one year from the
passage of this act, then this act shall be null and void.
§ 2. That all persons who shall, at an}T time, be insured Members.
in this company, and also their executors, administrators
and assigns, shall be members thereof, during the contin-
uance in force of their respective policies, and no longer,
and shall, at all times, be bound by the provisions of this act.
§ 3. The affairs of this company shall be managed by a Management of
board of directors, to consist of not less than five nor more a ails'
than nine members as may be regulated by the by-laws of
said company. The said directors shall be chosen by ballot Term of ah-ect-
from among the members of this company, and shall hold
their respective offices for one year, and until others are
chosen, and a majority of the whole board shall constitute
a quorum for the transaction of business.
§ 4. The board of directors shall elect a president, vice officers,
president, secretary and general agent, who shall hold their
respective offices for two years, and until others are chosen
and have accepted the trust in their stead. The board of
directors may also appoint an executive committee from
among their own members, and such committee when the
board is not in session, may exercise all the powers invested
in the company, except where the company has by its by-
laws otherwise provided; the board of directors may also
appoint examiners, agents, and such subordinate officers as
they may deem necessary, who shall hold their offices during
the pleasure of the board.
§ 5. The board of directors shall determine the rates of Rates of insur-
insurance, and deposit notes may be received from the ance*
insured, which shall be paid at such time or times, and in
such sum or sums as the directors shall require for losses and
expenses ; any person or persons applying for insurance in
this company, so electing, may pay a definite sum for said
insurance, and in lieu of a deposit note.
712
INSURANCE COMPANIES.
First board. § 6. The persons named in the first section of this act
are hereby constituted a board of directors, to serve as such
until the first annual election of directors, notice of time and
place of which election shall be given in a public newspaper
published in the town of Carlinvillc, county of Macoupin,
state of Illinois, at least fifteen days immediate^ preceding
such election.
Annual election. § 7. The second and all other annual elections of direc-
tors shall be held on the first Monday in May in each year,
at the ofHce of the company, in the town of Carlinville,
county of Macoupin and state of Illinois, notice of which
shall be given in a public newspaper published in the town
of Carlinville, at least fifteen days immediafely preceding
such election ; and such election shall be holden under the
inspection of two members, to be appointed previous to
every election by the board of directors, and such election
shall be made by a plurality of votes of the members pres-
ent, or their proxies, allowing each member one vote for
every policy by him, her or them held, and in force in this
Proxy votes. company; and the board of directors are hereby authorized,
at any of their meetings, to provide a form for the appoint-
ment of proxies, and to specify the evidence that may be
Elections. required in the execution thereof. If it shall, at any time,
happen that the election of directors shall not be held or
made on the day when, pursuant to this act, it should have
been held or made, it shall be lawful on an}'- other day, to
hold and make an election of directors, notice of which shall
be given as herein prescribed ; and the company shall have
power to call special meetings for the election of directors
and the transaction of the business by giving notice thereof
as herein prescribed.
§ 8. The members of this company are hereby bound
and obliged to pay their proportion of all losses and expen-
ses happening or occurring in and to said company during
the time fur which their policies were issued, to the amount
of their deposit notes and cash premiums, and no more.
The cash premiums received by this company shall be
applied in payment of losses and expenses before any assess-
ments shall be made on the deposit notes.
§ 9. This company may make insurance for any term,
not exceeding five years ; but no policy of insurance shall
be binding on the company unless signed by the president
and secretary and countersigned by the general agent. It
shall be lawful for this company to re-insure any risk or any
part of any risk on which they have made insurance ; and
it shall also be lawful for this company to cause themselves
to be insured against any risk or any part of any risk on
which they have made insurance.
Home office. § 10. The business of this company shall be conducted
at such place in the town of Carlinville, county of Macoupin,
and state of Illinois, as the directors of the company may
Losses.
Insurance.
INSURANCE COMPANIES. 713
choose, and any other place by agency or regular organiza-
tion, according to the provisions of this act; but no policy
shall be issued until applications for insurance have been
received for at least twenty-five thousand dollars.
§ 11. Whenever any assessment shall have been made suits.
on any deposit note given to this company for any risk taken
by this company, or as consideration for any policy issued
by this company, and an action is brought for the recovery
of such assessment, the certificate of the secretary of said
company, under the seal thereof, specifying such assessment,
and the amount due said company on such note or notes,
shall be taken and received as prima facie evidence thereof
in all courts and places whatsoever. Suits at law may be
maintained by this company against any of its members,
and suits may also be maintained by any member against
this company ; and in any suit against this company any
member shall be admitted as a competent witness for and in
behalf of this company.
§ 12. It shall be lawful for the secretary of this company Deputy.
to appoint a deputy, whose authority shall be specified in
his appointment and approved by this company.
§ 13. The board of directors may invest and employ the investment of
funds of this company in such way and manner as they may
judge that the interest and welfare of the company require,
but nothing contained in this act shall be so construed as to
authorize the said company to perform any banking privi-
leges, or to issue any certificate of deposit to circulate as
money or currency.
§ 14. The said company may divide applications for Applications,
insurance into two or more classes, according to the degree
of hazard, and the deposit notes shall not, in such case, be
assessed for the payment of any loss, except in the class to
which they belong.
§ 15. Each and every member of said company shall
be entitled to and allowed an examination of the books and
general transactions of said company upon application to the
secretary.
§ 16. It shall be the duty of the directors of said com- Annual state-
pany to make an annual report of the condition, progress ment"
and affairs of said company, a copy of which shall be fur-
nished to the general assembly of this state at each session
of the same.
§ 17. The directors of this company shall have power to Dividends,
declare annual dividends, payable out of the cash surplus,
over and above all liabilities against the company for losses
and expenses.
§ 18. This act is hereby declared a public act, to take
effect from and after its passage, and continue fifty years,
and shall be liberally construed for every purpose herein
contained.
Approved February 14, 1865.
—53
ri4
INSURANCE COMPANIES.
in force Feb. 16, AN ACT to incorporate the Mercantile Mutual Fire Insurance Company of
1865- Chicago, Illinois.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Edward
Name and style. jjempStead, William W". Boynton, Jas. H. Woodworthu
Charles W. Cook, Charles Follansbe, Samuel P. Farring-
ton, P. H. Willard, Edwin S. Wells, Alonzo Cutler, and
all other persons who may hereafter become members, of
said company in the manner herein prescribed, be and they
are hereby incorporated and made a body politic for the
term of twenty years from the passage of this act, by the
name of the "Mercantile Mutual Fire Insurance Company
object. of Chicago, Illinois," for the purpose of insuring their re-
spective dwelling houses, stores, shops and other buildings,
household furniture and merchandise, against loss or dam-
age by fire, whether the same shall happen by accident,
lightning, or other means, excepting that of design in the
insured, or by the invasion of an enemy, or insurrection of
Powers. the citizens of this or any other of the United States ; and
by that name may sue or be sued, plead or be impleaded,
appear, prosecute and defend, in any court of record or
other place whatever ; may have and use a common seal ;
may purchase and hold such real and personal estate as may
be necessary to effect the object of their association, and the
By-iaws. same may sell and convey at pleasure ; may make, estab-
lish and put into execution such by-laws, ordinances and
resolutions, not being contrary to the laws of this state or
of the United States, as may seem necessary or convenient
for their regulation and government, and for the manage-
ment of their affairs, and do and execute all such acts and
things as may be necessary to carry into full effect the pur-
poses intended by the charter.
Members. § 2. That all and every person or persons who shall at
any time become interested in said company by insuring
therein, and also their respective heirs, executors, adminis-
trators and assigns, continuing to be insured therein as here-
inafter provided, shall be deemed and taken to be members
thereof, for and during the tevm specified in their respective
policies, and no longer, and shall at all times be concluded
and bound by the provisions of this act.
§ 3. There shall be a meeting of said company at Chi-
cago, in the county of Cook, on the first Wednesday in Jan-
uary, annually, or on such other day as said company may
hereafter determine, at which first annual meeting shall be
chosen by a majority both of the members present and by
proxy, a board of directors, consisting of not more than fif-
teen nor less than nine members, who shall continue in
office until others have been chosen and accepted the trust
in their stead. In all vacancies happening in said board,
whether by removing from the state, dying, or refusing or
Proxy votes.
Vacancies.
INSURANCE COMPANIES. 715
neglecting to act, for and during the space of three months
successively, then and in every such case another director
shall be chosen in the place of each director so removing,
dying, or refusing or neglecting to act as aforesaid, by a
majority of the directors present at any monthly meeting,
which director so chosen shall remain in office until the
next general election of directors; and a majority of the
whole board shall constitute a quorum for the transaction of
business. At their first regular meeting the board of direc- classes of al-
tars shall class themselves by lot, into three classes of an rectors-
equal number each, the terms of whose service shall respect-
ively expire as follows : the first class in one year, the sec-
ond class in two years, and the third class in three years.
Special meetings of the company may be called by order of
the directors; or whenever the owners of one tenth part of
the property insured in said company shall apply to the
directors setting forth in writing the purposes for which a
meeting is desired.
§ 4:. The board of directors shall superintend the con- officers,
cerns of said company, and shall have the management of
the funds and property thereof, and of all matters and things
thereunto related, not otherwise provided for by said com-
pany. They shall have power from time to time to appoint
a secretary, treasurer, and such other officers, agents and
assistants as to them may seem necessary, and prescribe
their duties, fix their compensation, and take such security
from them as they' may deem necessary for the faithful per-
formance of their respective duties. They shall determine Rate of \nsm--
the rates of insurance, the sum to be insured on any build-
ing, not exceeding two-thirds of its value, nor one-half the
value of personal property, and the sum to be deposited for
the insurance thereof. They shall order and direct the ma-
king and issuing of all policies of insurance, the providing
of books, stationery and other things needful for the office
of said company, and for carrying on the affairs thereof, and
may draw upon the treasurer for the payment of all losses
which may have happened, and for expenses incurred in
transacting the business of said company. They shall elect
one of their own number to act as president, and may hold
their meetings monthly, and oftener if necessary, for trans-
acting the business of the company, and shall keep a record Record
of their proceedings, and any director disagreeing with a
majority of the board at any meeting may enter his dissent,
with his reasons therefor, on the record.
§ 5. The directors may extend the insurance of said process of
company to every part of this state, on all the real and per-
sonal property within the same, with the exceptions and
provisions hereinafter enacted, not exceeding the sum of
ten thousand dollars in any one risk, at such rate or rates
as said directors may, in view of the equity of the case and
the interests of the company, determine. Insurances shall
tension.
71 6 INSURANCE COMPANIES.
be made in all cases upon the representations of the assured
Applications. contained in his application therefor, and signed by him or
his attorney, which representation shall in fairness and good
faith state all the material circumstances within his know-
ledge which may affect the risk : Provided, that in case of
any loss or damage by fire, the valuation of the property at
the time such loss or damage shall be determined by the
award of impartial men as hereinafter provided.
Articles to be § 6 Books of accounts, written securities or evidences
specified in 0f (jeDt title deeds, manuscripts or writings of any de-
policies. * " *■ *~? . v
scription, money or bullion, shall not be deemed objects of
insurance in said company. Curiosities, jewels, medals,
musical instruments, plate, paintings, sculpture, statuary,
watches, gold or silver ware of any kind shall not be
deemed to be included in any policy of insurance, unless
those articles or any of them form part of the usual and reg-
ular stock in trade of the assured, or are particularly speci-
fied in the policy. Chemical establishments, bleaching
houses, oil mills, or the contents of either of them, alcohol,
aquafortis, gunpowder, spirituous liquors, tar, turpentine,
varnish, or any other trades, wares or merchandise which
may hereafter be excluded by said company at any annual
meeting, shall never be deemed insurable by the directors
of said company, nor any policy issued thereon.
§ 7. Every person who shall become a member of said
company by effecting insurance therein, shall, before he re-
ceives his policy, deposit his promissory note for such sum
or sums of money as shall be determined by the directors,
a part, not exceeding ten per cent., of which note shall be
immediately paid for the purpose of discharging the inci-
dental expenses of the institution, and the remainder of said
deposit note shall be made payable in part or the whole, at
any time when the directors shall deem the same requisite
for the payment of losses, or other expenses, and at the ex-
piration of the term of insurance the said note or such part
of the same as shall remain unpaid after deducting all losses
and expenses occurring during said term, shall be relin-
quished and given up to the signer thereof.
§ 8. Every member of said company shall be and here-
bers are liable.' by is bound to pay his proportion of all losses and expenses
happening or accruing in and to said company, and said
company shall have an action to recover the same.
§ 9. " In case of any loss or damage by tire happening to
justed. any member upon property insured in and with said com-
pany, the said member shall give notice thereof, in writing,
to the directors, or to some one of them, or to the secretary
of the said company, within thirty days from the time such
loss or damage may have happened ; and the directors, upon
a view of the same, or in such other way as they may deem
proper, shall ascertain and determine the amount of said loss
or damage ; and if the party suffering is not satisfied with
Deposit notes.
11 ow far mem-
Losses, how ad-
INSURANCE COMPANIES. 7 17
the determination of the directors, the question may be sub-
mitted to referees, or the said party may bring an action
against the company for said loss or damage.
§ 10. The directors may, after receiving notice of any Notice of loss,
loss or damage by fire sustained by any member, and ascer-
taining the same, or after the rendition of any judgment as
aforesaid, against said company for such loss or damage,
settle and determine the same to be paid by the several
members thereof, as their respective proportion of such loss,
and publish the same in such manner as they shall see fit,
or as the by-laws may have prescribed, and the sum to be
paid by each member shall always be in proportion to the
original amount of his premium note or notes, and shall be
paid to the treasurer within thirty days next after the publi-
cation of said notice ; and if any member shall, for the space when policy
..,,.,-, ,. , ,. J , p L ,i nu'l and void.
ot thirty days alter such notice, neglect or refuse to pay the
sum assessed upon him, her or them, as his, her or their
proportions of any loss as aforesaid, the policy of insurance
shall be null and void during that neglect or refusal, and
the directors may sue for and recover the whole amount of
his, her or their deposit note or notes, with costs of suits ;
and the money thus collected shall remain in the treasury
of said company, subject to the payment of such losses and
expenses as have or may thereafter accrue, and the balance,
if any remain, shall be returned to the party from whom it
was collected, on demand, after thirty days from the term
for which insurance was made.
§ 11. Said company may make insurance for any term Term and vaiidi-
i • , j l • < • • • i ty of policy.
not exceeding ten years, and any policy ot insurance issued
by said company, signed by the president and countersigned
by the secretary, sha.l be deemed valid and binding on said
company in all cases where the assured has a title in fee
simple, unincumbered, to the building or buildings insured
and to the land covered by the same ; but if the assured
have a less estate therein, or if the premises be incumbered,
the policy shall be void unless the true title of the assured
and the incumbrances on the premises be expressed therein.
§ 12. The directors shall settle and pay all losses within Losses, how
three months after they shall have been notified, as afore- pai '
said, unless they shall judge it proper, within that time, to
rebuild the house or houses destroyed, or repair the dam-
ages sustained, which they are empowered to do.
§ 13. When any house or other building shall be alien-
ated by sale or otherwise, the policy thereupon shall be void,
and be surrendered to the directors of said company to be
canceled ; and upon such surrender the assured shall be en-
titled to receive his, her or their proportion of all losses and
expenses that have accrued prior to such surrender: Provi- Proviso.
ded, however, that the grantee or alienee having the policy
assigned to him may have the same ratified and confirmed
to him, her or them, for his, her or their proper use and ben-
718 INSURANCE COMPANIES.
efitupon application to the directors, and with their consent,
within thirty days next after such alienation, on giving pro-
per security to the satisfaction of said directors for such por-
tion of the deposit or premium note as shall remain unpaid ;
and by such ratification and confirmation, the party causing
the same shall be entitled to all the rights and privileges
and subject to all the liabilities to which the original insured
was entitled and subjected under this act.
Alterations in § ij.. jf any alteration shall be made in any house or
buildings. i • i i • i i • i i> » • "
building by the proprietor thereot, alter insurance lias been
made thereon with said company, whereby it may be ex-
posed to greater risk or hazard from fire than it was at the
time it was insured, then, and in every such case, the insu-
rance made upon such house or building shall be void, un-
less an additional premium and deposit after such alteration
be settled with and paid to the directors; but no alterations
or repairs in buildings not increasing such risks or hazard
shall in anywise affect the insurance previously made
thereon.
§ 15. In case any building or buildings situated upon
leased land and insured by said company, be destroyed by
fire, and the owner or owners thereof shall prefer to receive
the amount of such loss in money, in such case the directors
may retain the amount of the premium note given for the
insurance thereof, until the time for which insurance was
made shall have expired; and at the expiration thereof the
assured shall have the right to demand and receive such
part of said retained sum or sums as has not been expended
in losses and assessments.
Double insur- § 16. If insurance on any house or building shall be and
subsist in said company, and in any other office, or from and
by any other person or persons at the same time, the insu-
rance made in and by said company shall be deemed and
become void, unless such double insurance subsist by and
with the consent of the directors, signified by indorsement
on the back of the policy signed by the secretary.
Hanking forbid. § 17. The company hereby created shall not be con-
cerned in any trade or other business except insurance of
property against loss or damage by fire, nor shall said com-
pany, by any possible construction of the powers granted in
this act, exercise any banking privileges whatever ; but this
act shall be deemed and taken to be a public act, and shall
be liberally construed to effect the ends and purposes here-
by intended and contemplated.
Assessment. § 18. The directors of said company shall not make
more than one assessment for losses in any one year; and
in order that such assessment may be made payable at the
annual meeting of the company, the directors are author-
ized, in case of any loss or damage by fire, to borrow such
sum or sums of money as may be required to pay such loss
or damage ; and in making the annual assessments, the in-
INSURANCE COMPANIES. 719
terest accruing on money borrowed, and, also, all necessary
incidental expenses shall be included in such assessment.
§ 19. Each and every member of said company shall
be entitled to and allowed an examination of the books, pa-
pers, and general transactions of said company, upon appli-
cation therefor to the secretary.
§ 20. It shall be the duty of the directors to make an Annual report,
annual report of the condition, progress and affairs of said
company, a copy of which report shall be furnished to the
general assembly.
§ 21. The individuals named in the first section of this First board.
act shall be and they are hereby constituted a board of di-
rectors for said company, to serve as such until the first an-
nual election of directors therein provided for ; they shall
have power, if they think fit, to make up their number to
fifteen, as allowed in the third section of this act, from,
among the members of said company ; and all vacancies which
may occur in said board by death, resignation, removal or
refusal to serve, may be filled by the remaining members
of said board ; and a majority of their number at any time
shall constitute a quorum for the transaction of business.
They may call the first meeting of the members of said com-
pany at any suitable time and place in Chicago, aforesaid,
by advertisement in the several newspapers printed in said
city, giving at least ten days' notice of the place, time and
design of the meeting. They may make and establish by- By-iaws.
laws for the government of said company until the first an-
nual meeting thereof, and may transact any business neces-
sary and proper to carry into effect the provisions and in-
tentions of this act r Provided, however, that no policy shall Proviso.
be issued by said company until his excellency, the governor
of the state, shall have made proclamation that application has Proclamation by
been made for insurance in said company on fifty thousand Governor-
dollars at least, of which notice shall be given him by the
directors or secretary of said company : Provided, that un- Proviso,
less said company shall be organized, under the provisions
of this act, within one year after its passage, then this act
shall be null and void.
§ 22. This act shall take effect from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Milburn Mutual Insurance Company. In force April 18,
1866.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, Ira
R.Webb,Wm. H. Hockaday, Peter Page, George Strang, Ha- corporators,
velia Whitney, David H. Sherman, Lemuel Edwards, and
720
INSURANCE COMPANIES.
Membership.
Directors.
their associates, now members of the "Milburn Mutual In-
surance Company," shall be and are hereby created a body
Name and style, politic and corporate, by the name and style of "The Mil-
object. burn Mutual Insurance Company," for the purpose of infill-
ing dwelling houses, household furniture, farm buildings
and other property, against loss or damage by fire ; and
Powers. may by that name sue and be sued, appear, prosecute and
defend in any court of record or other court in this state.
Said company may have and use a common seal, and alter
or renew the same at pleasure ; may make, establish and
put in execution, such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may be necessary or convenient for their regula-
tion and government, and for the management of their af-
fairs; and may do and execute all such acts and things as
may be necessary to carry into effect the provisions of this
act.
§ 2. All persons holding policies of insurance in this
company shall be members thereof, and entitled to vote up-
on any matter to be determined by a vote of the company ;
and a plurality of the votes cast shall be sufficient and de-
decide any matter voted on.
§ 3. The affairs of this company shall be managed by
a board of directors, to consist of not less than three, nor
more than twenty-one, as shall be regulated by the by-laws
of said company. Said directors shall be chosen by ballot
from among the members of the company, and a majority
of the whole board shall constitute a quorum for the trans-
action of business.
§ -i. The persons acting as trustees of the "Milburn
Mutual Insurance Company," as now organized, shall con-
stitute the first board of directors, to serve as such until the
first annual meeting of the company, after the acceptance
and adoption of this charter, and until others are chosen :
Provided, that if the company now organized do not accept
and adopt this charter within one year from the passage
hereof, then this act shall be null and void.
§ 5. All elections in this company shall be held at such
time and place in the county of Lake, and be conducted by
such officers as the by-laws may determine : Provided, the
first election shall be conducted in accordance with the con-
stitution and by-laws of the organization now known as
" The Milburn Mutual Insurance Company." Notice of the
time and place of holding regular and special meetings of
this company shall be published in such manner as the by-
laws shall direct. Directors shall hold their offices for one
year, and until others are chosen ; and vacancies may be
filled at any meeting of the company.
officers. § 6. The officers of this company, in addition to the
board of directors, shall be a president, secretary and treas-
urer, to be elected by the company at the time of electing
Quorum.
First board.
Time and place
of election.
Proviso.
INSURANCE COMPANIES. 721
directors, and to hold their offices for one year, and until
others are chosen. The duties as well as the compensation
of the officers ot this company, shall be determined by the
by-laws of the company. The directors may appoint such
agents and subordinate officers as the by-laws may deter-
mine.
§ 7. The rates of insurance shall be fixed and regulated insurance.
by the company, and premium notes may be received from
the insured, and shall be paid at such times, and in pv .-■!>.
sums, as the directors shall, from time to time require, I'.r
losses and expenses ; but the directors shall not at any time
make a larger assessment on premium notes than is neces-
sary to pay such losses and expenses, and the premium
notes shall constitute the capital stock of said company.
§ 8. Members of this company shall be bound, and how far mem-
obliged to pay their, just proportion of all losses and expen-
ses, accruing during the time for which their policies were
issued, to the amount of their premium notes, and no more;
and if any member shall neglect or refuse to pay his or her Policy, when
assessment, as levied by the board of directors, for more than
thirty clays after notice of such assessment, then his or her
policy shall become void, until such payment is made; but
such forfeiture shall not exonerate such person from paying
his or her just proportion of all losses and expenses up to the
time of such forfeiture.
§ 9. The board of directors may establish rules by Rules ot in3ur-
which applications for insurance may be in writing, which
shall state all material facts and circumstances affecting the
risk, and such statement shall be binding upon the insured
and be a warranty on his or her part.
§ 10. It shall be lawful for this company to re-insure Reinsurance.
any risk or part of risk on which it has made insurance.
§ 11. For the purpose of preventing delay in the ar- Arbitration,
rangement of losses, and preventing vexatious litigation,
this company may establish rules for securing fair and im-
partial arbitrations in such cases of loss or damage as the in-
sured and directors cannot agree upon, and make the award
of such arbitration final and binding.
§ 12. In suits at law between this company and any of suits,
its members, any member of the company not interested
further than his or her proportion of loss as a member of the
company, shall be deemed a competent witness, and the cer-
tificate of the secretary or treasurer as to the amount of any
premium note or assessment on the same, or other matter
pertaining to the office of such secretary or treasurer, ne-
cessary to elucidate the facts in any case pending, shall be
deemed prima facie evidence of such fact ; and if the agent
of the company shall so desire, the party suffering loss shall
be examined under oath concerning the circumstances of
such loss.
723 INSURANCE COMPANIES.
successors. § 13. The company, upon commencing business under
this act, shall be held to be the successor of the company in
Lake county, known as the " Milburn Mutual Insurance
Company," and all policies issued under the authority of
said company, aud all premium notes held by said company,
shall be valid; and all rules and by-laws of said company
shali be in force until rescinded or amended.
Approved February 16, 1865.
In force Feb. 16, AN ACT to incorporate the National Accident and Life Insurance Company.
Section 1 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That William
Name and style. £ Hammer, Thomas O. Smith, William E. Nelson, Joseph
IST. Tinkham, John N. Strong, Lewis Cass, and their asso-
ciates and successors, and all such persons as shall become
stockholders in the company hereby created, shall be a body
politic and corporate, by the name and style of the " National
Accident and Life Insurance Company," and shall have
Powers. succession, with power to plead and be impleaded, sue and
be sued, contract and be contracted with ; to appoint all ne-
cessary officers and agents, to insure against accidents of all
kinds, and to make all and every insurance appertaining to,
or connected with life risks, excepting injury or death
caused by dueling or fighting, or other breach of the law on
the part of the assured, or by suicide, whether felonious or
otherwise, or by war, riots or invasion, or happening while
the assured is in a state of intoxication, or riding races, or
by his willfully exposing himself to any unnecessary danger
or peril, and all powers necessary to carry out and execute
the purposes and intent of this act.
capital stock. § 2. The capital stock of said company shall be fifty
thousand dollars, with liberty to increase the same to any
amount not exceeding five hundred thousand dollars, to be
subscribed and paid for in the manner prescribed by the
directors, and shall be divided into shares of one hundred
dollars each, which shall be transferable on the books of
the said company in such manner as the by-laws they may
adopt shall prescribe.
Men h°ld pr°" § **' ^ shall be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
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 sale
made in virtue of any loan, debt or mortgage, made to, or
held by the said company, and to receive and take in satis-
INSURANCE COMPANIES. 723
faction of any such loan or debt an y real estate, and to hold
or convey the same.
§ 4. The affairs of this company shall be managed by a Krst board,
board of directors of at least five, who shall be stockholders
in the company to the extent of at least five hundred dollars
each. The election of directors shall take place by the
stockholders, when ten thousand dollars shall have been
subscribed, and five per cent, paid thereon. Any three of the
corporators herein named shall be commissioners to open
books for subscriptions, and the money so received by the
commissioners shall be paid over to the directors when
elected. The directors shall elect a president from their
own number, who shall hold his office during the pleasure
of the board; shall make and execute such by-laws and con-
ditions of insurance as may be convenient and necessary
for the proper management of affairs of the company, not
inconsistent with this act or with the laws of this state or of
the United States, and the by-laws and conditions so adopted
shall be binding on the company, stockholders and those
insured therein : Provided, that if the corporation created Proviso.
by this act shall not organize within one year from the date
of the passage hereof, then this act shall become null and
void.
§ 5. The first board of directors shall, after their elec- Additional can.
tion, call in an additional sum uf ten percent, on each share
of said stock, to be paid at such' times and place as the di-
rectors shall appoint. After the election of directors and the
payment of five per cent, on each share of stock subscribed,
as provided in the foregoing section, the said company shall
be considered fully organized ; and, after the further pay-
ment of ten per cent, on each share of the capital stock
subscribed, the company may commence its business, in full
enjoyment of the privileges of this charter, at such place in
the city of Decatur, in the county of Macon, as the said
board of directors shall elect.
§ 6. The board of directors shall have power to call for caiifor stock.
the payment of the balance due on the subscription to the
stock of this company, at such times as they may think
proper : and in the event of non-payment of the balance
due by any stockholder on his stock within sixty days after
due notice, it shall be lawful for the directors, at their op-
tion, to enforce such payment, or to sell, to the best advantage,
the amount of stock in the name of the non-paying stock-
holder, to any person or persons, and the proceeds of
said sale shall be paid over to said non-paying stock-
holder, who shall, therefore, cease to be a stockholder in
this company, and the purchaser or purchasers of said
shares of stock shall have and enjoy all the privileges and
profits accruing or accrued to the said share of stock, and
become liable for the payment of all calls then due or there-
after made on said shares of stock.
72 i INSURANCE COMPANIES.
Dividends. § f* The board of directors shall have power to declare
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
Froviso. capital actually paid in : Provided, that in no case shall the
amount of any dividend be paid over to any stockholder on
his stock, until the amount of fifty per cent, per share on
each share has been paid into the said company.
insurance. § 8. It shall be lawful for any person to effect an insu-
rance in this company on his life, for any definite period of
time, or for the term of his natural life, to inure to the ben-
efit of his general estate, or to the sole benefit of his widow
and children, or either of them, as he may cause to be ap-
pointed or provided, and the sum or net amount of the
insurance, becoming due and payable by the terms of the
insurance, shall be payable to his order, or to his children,
for their own use, as may have been provided in the policy
free from the claims of the representations of such persons
wife may insure effecting the insurance, or any of his creditors. It shall be
husband's life. }awfui for any married woman, by herself and in her own
name, or in the name of any third person, with his assent
as her trustee, from her separate property, to cause to be in-
sured in this company for her sole use, the life of her hus-
band for any definite period, or for his natural life ; and in
case of her surviving her husband, the sum or net amount
of the insurance becoming due and payable by the terms of
the insurance, shall be payable to her and for her own use.
In case of death of the wife before the decease of her husband,
in either of the cases when the insurance is for her benefit
and use, the amount shall be made payable, after her death,
to her children, for their use, or their guardian, if the chil-
dren are under age.
nates. § 9. The directors may determine the rates and manner
of insurance, and the limitations and conditions of validity
in the policies, and the sum that may be insured on one life,
not exceeding ten thousand dollars.
§ 10. This act shall be in force from and after its passage.
Approved February 16, 1865.
In force Feb. 16, AN ACT to incorporate the National Insurance Company.
1365.
Section 1. Be it enacted by the Peojrte of the State of
Illinois, represented in the General Assembly, That Abel P.
Bulkley, Nathaniel McBride, David D. Spencer, Samuel
Ilolderman, Robert Longworth, and Charles II. Goold, and
their associates, successors, and assigns, be, and they are
hereby created a body, corporate and politic, by the name
INSURANCE COMPANIES. 725
and style of '; The National Insurance Company of Illi- Name and st-vli-
nois ; " and the company shall have full power and author-
ity to take risks and make insurance against accidents of all
kinds, with any person or persons, also, upon their life or
lives, or upon the life of any person, for the benefit of any
other person having any pecuniary interest in the insured
person's life as creditor, guarantee, surety, or interested by
marital, or other relation; may grant, sell, or make, any
contract for annuities and endowments, and do all other
acts and things necessary and incidental to the transaction
of a life insurance and annuity business ; may issue policies
for such length of time, and upon such terms and conditions
as may be agreed upon by the directors ; they may, also,
cause themselves to be reinsured against loss upon any and
all risks so taken.
§ 2. The said company shall also have power to make Insnrance risks.
insurance, and take risks on all kinds of property, and may
take any kind of risk that they may deem proper, and charge
and receive such premiums therefor as may be agreed by
and between the parties, either upon the mutual or stock
principle, or both, and may use, invest, or loan, its capital
or surplus funds, in such way and manner as the directors
may judge the interest and welfare of the company require,
at such rates as private persons may legally do by the laws
of this state, and may divide the business or risks into two
or more classes upon such conditions as may be regulated
by the by-laws.
§ 3. The said company may establish agencies either in -Agencies.
or out of this state and do all acts not inconsistent with the
constitution and laws of this state or of the United States, as
may seem necessary or convenient to carry out the full objects
of this act, and may make such by-laws, ordinances, and reso-
lutions, as may seem necessary or convenient for their regu-
lation and government, and for the management of their
affairs.
§ 1. Said company may sue and be sued, appear, prose-
cute and defend, in any court of record or other court, and
shall be recognized as a corporation in all courts.
§ 5. This act shall be void unless the directors organize Limit nfiaw.
the company at Morris, in the county of Grundy, within one
year from the passage of this act ; but the directors are au-
thorized to carry on and conduct the business of the com-
pany at any place in this state by agencies.
§ 6. This act shall not be construed to authorize said Banking forbid,
company to engage in the business of banking, or to exempt
said company from the operation of such general laws as
hereafter may be passed upon the subject of insurance com-
panies.
§ 7. This act shall be deemed a public act, and shall
take effect from and after its passage.
Appeoved February 16, 1865.
726 INSURANCE COMPANIES.
In force Feb. 16, AX ACT to incorporate the National Insurance Company,
Mm.
Section 1. Be it enacted by the People of the State of
Ilinois, represented in the General Assembly, That S. L.
corporators. Barrett, Wm. V. Kay, Edward F. Lawrence, L. B. Sid way
and C. B. Sawyer, and such other persons as may become
stockholders in the corporation hereby created, their succes-
sors and assigns, be and they are hereby created a body
Name and style. corj)orate and politic, under the name and style of the "Na-
tional Insurance Company," and by that name and style
rowers. shall have perpetual succession, may sue and be sued, plead
and be impleaded, answer and be answered unto in all
places, and be recognized in all courts of law and equity, or
where judicial proceedings are had ; may have and use a
common seal, which they may alter at pleasure, and may
purchase, hold and convey real estate and personal property
for the use of said corporation, and may make by-laws for
the government of its affairs.
capital stock. § 2. The capital stock of said corporation hall be two
hundred thousand dollars, to be divided into shares of one
hundred dollars each, and paid in such installments as the
board of directors shall from time to time direct, except as
hereinafter provided. The capital stock may be increased,
not to exceed five hundred thousand dollars, in the discre-
tion of the board of directors. The stock shall be transfera-
ble on the books of said corporation.
§ 3. Books of subscription may be opened at the discre-
tion of a majority of the parties named in the first section
hereof, and when the amount of capital stock, as provided
in the preceding section, shall have been subscribed, the
stockholders may proceed and elect nine directors, to com-
prise a board of directors, by whom the affairs of the corpo-
officers. ration shall be managed ; and when said directors shall
have chosen out of their number a president and vice presi-
dent, and shall have appointed a secretary, said board of
directors may declare the company fully organized, and pro-
ceed to call in such an installment on the stock subscribed
as they may deem necessary, not less than twenty per cent.,
in cash, and for the balance of such subscription may take
bonds, secured by mortgage on unincumbered real estate in
the state of Illinois, or judgment notes of responsible per-
sons.
Fire and marine § 4. The said corporation shall have power, by instru-
ment under seal or otherwise,
First. To make insurance, or take risks upon all descrip-
tions of buildings and property, against loss or damage by
fire.
Secondly. To make insurance or take risks upon all de-
scriptions of boats and vessels, the cargoes and freights
thereof, and upon bottomry and respondentia interest,
against the perils of marine and inland navigation.
Subscription
stock.
INSURANCE COMPANIES. 727
Thirdly. To cause themselves to be reinsured against any
risks upon which they may have insurance, and to take such
other risks or hazards as the corporation may from time to
time determine.
§ 5. The first board of directors shall hold their office Annual election,
until the second Monday in January next succeeding the
organization of the company, and until their successors are
elected ; and on the second Monday of January in each
year thereafter, or at such time as the by-laws may pre-
scribe, an election of directors of said corporation shall be
held in the city of Chicago, at such time and place as the
existing board of directors may prescribe. The stockholders Proxy votes.
in said corporation, in person or by proxy in writing, shall
be entitled to one vote for each share of stock held by them
respectively at the time of such election, and the persons,
to the number of nine, being stockholders, receiving the
highest number of votes at such election, shall be declared
elected directors of said corporation for one year, and shall
hold their offices until the next annual election, and until
their successors are elected. A majority of the board shall Quorum.
constitute a quorum for the transaction of business.
§ 6. The board of directors shall have power to fill any vacancy.
vacancy that may occur in their own body, a plurality of
votes constituting a choice ; they shall choose in the same inspectors.
manner, previous to the annual election of directors, three
inspectors of such election, whose duty it shall be to canvass
the votes cast thereat and declare the result; the said in
specters shall also be judges of the qualifications of voters.
Notice of such elections shall be given by publication in one
or more daily newspapers, published in the city of Chicago,
at least ten days previous thereto.
§ 7. The directors shall meet as soon as may be after officers.
every election, and choose out of their number a president
and vice president, who shall hold their offices until the
next annual election of directors and until their successors
are chosen ; they shall also have power to appoint a secre-
tary and such other officers or agents as the corporation may
determine.
§ 8. All policies of insurance made by said corporation policies,
shall be subscribed by the president or vice president, and
countersigned by the secretary, and all losses occurring may
be adjusted ai d settled by the president, vice president or
secretary, under such regulations as the board of directors
may from time to time prescribe.
§ 9. The office of said corporation shall be at the city of Home office.
Chicago, but agents may be aapointed at other places, as
may be deemed expedient.
§ 10. The board of directors shall from time to time esti- Dividends,
mate the net earned profits that have accrued on the busi-
ness of the corporation, and declare such a dividend thereof
to the stockholders as they may deem just and proper.
728
INSURANCE COMPANIES.
Net profits.
Banking forbid.
Borrow money.
§ 11. By the consent in writing of the stockholders
representing three-fourths of the amount of the capital stock,
the insured may be allowed to participate in the net profits
of the business of the corporation.
§ 12. Nothing in this act contained shall authorize said
corporation to engage in any banking business.
§ 13. This act shall be deemed a public act, and shall be
liberally construed for the purposes herein contained, and
take effect from and after its passage.
§ 11. Said corporation shall have power to borrow
money when deemed necessary in conducting its business,
also to loan its surplus funds, or invest the same under such
regulations as the board of directors may prescribe.
§ 15. This act shall not be construed to authorize said
company to do banking business, or to exempt said company
from the operation of such general laws as may hereafter
be passed upon the subject of insurance companies, and in
case said corporation shall not be organized within twelve
months after the passage hereof, then this act shall be null
and void.
Approved February 16, 1865.
In force Feb. 15,
1865.
Corporators.
Name and style.
Powers.
Seal.
Proviso.
AN ACT to incorporate the National Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from
the time this act shall take effect, Edward P. Barton, Urban
D. Mecham, Henry C. Hyde, John N. Strong and H. C.
Burchard, and all persons who may hereafter associate
with them in the manner herein prescribed, shall be a body
politic and corporate, by the name and style of " The Na-
tional Insurance Company," and by that name may sue
and be sued, appear, prosecute and defend in any court of
record, or other court, or place, whatsoever ; may have and
use a common seal and alter and renew the same at pleas-
ure ; may purchase and hold such real and personal estate
as may be necessary to effect the objects of their corporation
and association, and sell and convey the same at pleasure;
may make and establish such by-laws, ordinances and reso-
lutions, not being contrary to the laws of this state or of
the United States, as may seem necessary or convenient for
their regulation and government, and for the management
of their affairs, and do and execute such acts and things as
may be necessary to carry into effect the purposes of this
act : Provided, that if the corporation hereby created shall
not organize within one year from the passage thereof, then
this act shall be null and void.
INSURANCE COMPANIES. Y29
§ 2. All persons who shall, at any time, be insured in Members.
this company, shall be members thereof during the contin-
uance in force of their respective policies, and no longer,
and shall, at all times, be bound by the provisions of this act.
§ 3. The affairs of said company shall be managed by a Directors.
board of directors, to consist of not less than five nor more
than fifteen members, as may be regulated by the by-laws
of said company, said directors shall be chosen by ballot
from among the members of said company; and a majority
of the whole board shall constitute a quorum for the trans- Quorum,
action of business ; the executive committee of said company
shall possess all the powers of the board of directors when
the board is not in session.
§ 4. The board of directors shall elect a president, vice officers,
president, secretary and treasurer, who shall hold their
respective offices for one year or longer, as may be pre-
scribed by the by-laws of said company, and until others
are chosen in their places ; the board of directors shall also
appoint an executive committee, to consist of three directors;
subordinate officers, agents and examiners, may be appointed
by and in the manner prescribed by the by-laws of said
company.
§ 5. This company may make insurance on all descrip- insurant risks.
tions of property against loss or damage by fire, lightning,
wind, and the risks of inland navigation and transportation,
or any other risk on property they may deem proper, and
may cause themselves to be re-insured upon the whole or
any part of any risk on which they may have insurance.
§ 6. The rates of insurance shall be fixed by the board Rates of insur-
of directors or executive committee of [said] company. Pre- auce'
mium notes may be received from the insured, which shall
be paid at such time or times, and in [such] sum or sums as
the directors shall require, for the payment of losses and.
expenses; any person applying for insurance may pay a
definite sum of money in full for said insurance, and in lieu
of a premium note. The cash premiums, together with the
pre nium notes, shall constitute the capital stock of said,
company, which may be increased by a guarantee capital,
as hereinafter provided.
§ 7. The directors of said company may levy an assess- Assessments.
ment upon the premium notes at any time they may deem
it necessary for the payment of losses and expenses.
§ 8. The members of this company shall be and are Liability of mem-
hereby bound to pay their proportion of all losses and bers'
expenses happening and accruing during the time for which
their policies were issued and in force, and to the amount
of their premium notes and no more.
§ 9. Whenever any assessment is made upon any pre- Suspension of
mium note given to said company, and the maker thereof poh°y-
shall neglect or refuse to pay the amount claimed by said
company for the space of thirty days after notice of such
—54
730
INSURANCE COMPANIES.
First board.
Annual election.
assessment, which notice shall be given in the manner pre-
scribed by the by-laws of said company, his, her or their
policy shall be suspended until payment is made, and action
may be brought at law for the full amount of premium
note, and in case an action is brought for the recovery of
any assessment due said company, the certificate of the sec-
retary of said company, stating the amount of such assess-
ment, shall be taken and received as prima facie evidence
in all courts and places whatsoever.
§ 10. The persons named in the first section of this act
shall be and they are hereby constituted a board of directors
for said company, to serve as such until the first annual
election of directors herein provided for, and until others
are chosen ; the directors of said company shall be elected
on the second Monday in January of each year, and such
election shall be held at the office of said company, at such
hour of the day as the directors or executive committee of
said company may appoint; such election shall be held under
the inspection of three members of said company, to be ap-
pointed previous to every election by the executive com-
mittee of said company; such election shall be made by a
plurality of the votes of the members present or their prox-
ies, allowing one vote for each policy held and in force, or
a share of guarantee stock held. The directors or executive
committee are hereby authorized, at any of their meetings,
to provide a form for the appointment of proxies, and to
specify the evidence that may be required of the execution
thereof.
§ 11. All meetings of the board of directors and execu-
tive committee to be called in the manner prescribed by the
by-laws of said company.
§ 12. This company shall have power to issue policies
for any term of years, not exceeding ten.
§ 13. The secretary of said company may appoint a
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
§ 14. The said company, through its officers or board of
directors, may invest, loan and employ the funds of the
company in such way and manner as they may judge that
Banking forbid, the interest and welfare of the company may require ; but
nothing contained in this act shall be so construed as to
allow this company any banking privileges, or issue any
certificates of deposit to circulate as money or currency.
§ 15. The home office of this company shall be in the
city of Freeport, in the county of Stephenson, and state of
Illinois. Said company may do business in any other place
by agency, and the home office of said company may, after
its permanent organization has been effected, be removed to
any other place in the state of Illinois : Provided, the board
of directors shall, by unanimous vote, concur in such re-
Proxy vote.
Meetings.
Policies.
Deputy.
Investment
capital.
Home office.
Proviso.
INSURANCE COMPANIES. 731
moval: And, provided, further, that in case of such removal,
the members of said company shall be duly notified thereof,
by mail or otherwise.
§ 16. If it shall so happen that the election of directors Elections,
of said company shall not be held on the day when pursu-
ant to this act it ought to have been made or held, this
company for that cause shall not be deemed to be dissolved,
but it shall be lawful on any other day to make and hold an
election, notice of which shall be given in a manner pre-
scribed by the by-laws of said company.
§ 17. For the better security of policy holders, the said Guarantee Capi-
company may receive guarantee notes, or mortgages on real
estate, to be approved by the board of directors, or by the
executive committee thereof, to the amount of three hundred
thousand dollars; the makers whereof shall be paid in consid-
eration of such guarantee a compensation, to be determined by
the board of directors of executive committee, but not to ex-
ceed ten per cent, per annum; such notes or mortgages shall
be entitled to representation in the election of directors in
the ratio of one vote for every one hundred dollars, and
shall be liable for the losses and expenses of the company
whenever the cash premiums and premium notes are insuf-
ficient to pay the same. Scrip certificates may be issued
for any guarantee fund, transferable only on the books of
the company.
§ 18. This act shall be deemed a public act, and be liber-
ally construed for the purposes therein mentioned, and be in
force from and after its passage.
Approved February 15, 1S65.
AN ACT to incorporate the National Travelers' Insurance Company. in force Feb. IS
18G5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
F. Peck, William Page Frazier, Andrew J. Marble and corporators.
Walter S. Frazier, and all others who may become associa-
ted with them as stockholders, as is hereinafter provided,
their successors and assigns forever, be and they hereby are
created and made a body corporate and politic, for the pur-
pose of insuring against, and to make all and every insur-
ance connected with, accidental loss of life, or personal
injury sustained by accidents of every description, by the
name of " The National Travelers' Insurance Company ; " Name and style.
and by that name shall be and hereby are empowered to p,Wers.
purchase, have, hold, possess and enjoy, to themselves and
their successors, lands, tenements, hereditaments, goods,
chattels and effects of every kind, necessary to the transac-
732 INSURANCE COMPANIES.
tion of an insurance business, and the same to grant, alien,
sell, invest and dispose of; to sue and be sued, plead and
seal. be impleaded, in all courts of justice; to have and use a
common seal, and the same to change, alter and renew at
By-iaws. pleasure; and to ordain and put into execution such by-laws
and regulations as they may deem proper for the well order-
ing and government of said corporation, and the transaction
Proviso. of its business: Provided, that they be not repugnant to
the laws of the United States or of this state, or the provis-
ions of this act of incorporation. Said company shall or-
ganize within one year from the passage hereof.
Capital stock. g 2. The capital stock of said corporation shall not be
less than one hundred thousand dollars, and may be, at any
time hereafter, increased by said company to any sum not
exceeding one million dollars, and shall be divided into
shares of one hundred dollars each; and there shall be paid
into the treasury of said corporation, by each subscriber to
said capital stock, at the time of subscribing for the same,
an installment of ten dollars on each share of stock by him
subscribed for; and the remainder of said shares, so sub-
scribed for, shall, within sixty days after the organization of
said company, be secured to be paid, either by bonds and
mortgages on real estate, or by such indorsed promissory
notes as shall be approved by the d rectors of said corpora-
installments, tion, and shall be payable in such installments, and at such
times, as the directors may determine : and such indorsers
shall have a lien on the stock for which such note or notes
are given.
stock, when for- § 3. The capital stock of said corporation shall be trans-
ferable according to the rules and regulations of the com-
pany ; and if any subscriber of any share or shares of said
stock shall negiect or refuse to pay the installments, as
aforesaid, or to secure to the payment of the residue of the
stock by him subscribed, as aforesaid, for the space of sixty
days after the same shall become due or required, and after
he or they have been notified thereof, the stock of such
negligent stockholder shall be sold by the directors at pub-
lic auction, giving at least ten days' notice thereof, in some
newspaper published in the city of Chicago ; and the pro-
ceeds of said sale shall be first applied in payment of the
installments called for, and theexp.nses attending the sale,
and the balance, if any, shall be refunded to the owner of
said stock; and such sale shall, in all respects, entitle the
purchaser to all the rights of such negligent stockholder in
and to the shares so bought.
object. § 4. The business of said corporation shall be the insur-
ing of persons against the accidental loss of life, or personal
injury sustained by accident of every description ; and said
corporation is hereby authorized and empowered to make
any and all contracts of insurance connected therewith, on
such terms and conditions, and for such periods of time,
INSURANCE COMPANIES. 166
and confined to such countries and to such persons, as shall
be from time to time ordered and provided for by the by-
laws of said corporation.
§ 5. The office of said company shall be located in the nome office.
city of Chicago ; and the stock, property and affairs of said
corporation shall be managed and conducted by not less
than three or more than twenty-five directors, (the number
of said directors to be determined by the by-laws of said
company,) to be chosen by ballot from among and by the Directors, how
stockholders; which directors, first chosen, shall hold their
offices until the first Tuesday of May next ensuing their
election, and until others are chosen to supply their p^ces ;
and the annual meeting for choice of directors shall (after Annual election.
the first election) be holden at the city of Chicago, on the
first Tuesday in May, or such other day in the month of
May as shall be appointed by said board of directors ; but
a failure to elect directors at the day appointed shall not
work a forfeiture of the charter, and in case of such failure,
the election may be held at any other day appointed by the Elections,
directors last chosen — ten days' notice of such election being
given by publication, as aforesaid. In the choice of direct-
ors, as aforesaid, each stockholder present, or represented
by his attorney, shall be allowed one vote for each and
every share of stock by him then held ; and none but stock-
holders shall be eligible to the office of director. And the Quorum,
directors shall determine what number of their own body
shall constitute a quorum for the transaction of business;
and when such quorum is formed, if the president is not
present, the vice-president shall preside, or, in the absence
of both, the directors shall appoint a president pro tem-
pore/ aud the president shall have power to call special
meetings of the stockholders, whenever thereto requested by
a majority of the directors.
§ 6. To carry out the provisions of this act, and to or- subscriptions to
ganize the said corporation, Charles F. Peck, William Page
Frazier, Andrew J. Marble and "Walter S. Frazier, or a ma-
jority of said persons, are authorized and appointed to
receive subscriptions to the capital stock thereof, and the
first installment thereon, and, as such, are hereby authorized
to close the subscription books of said company when the
said capital stock shall be fully subscribed ; or, in case that
said capital stock shall be over subscribed, to distribute and
apportion the same among the subscribers, as the said per-
sons, so appointed as aforesaid, to distribute, may deem
proper ; and when the capital stock shall have been sub- Notice of stock
scribed for, and the first installment has been paid thereon,
by a notice published in some newspaper printed in the city
of Chicago two weeks before the time of meeting, the said
subscribers may meet together, at the time and pla:-e named
in said call, and adopt such by-laws, rules and regulations
as may be necessary and convenient for commencing and
734 INSURANCE COMPANIES.
Directors. carrying on business under this act ; they may, also, at the
same or some subsequent time choose a board of directors,
in the manner hereinbefore provided, who shall hold their
offices, with all the powers given to directors by this act, un-
til others are chosen to supply their places. And when the
by-laws have been adopted and the directors have been
chosen, as aforesaid, and when the board of directors shall
have been organized by the choice of a president and secre-
tary, the said corporation may exercise all the powers and
privileges conferred by this act.
officers. § 7. The directors may choose a president, vice presi-
dent and secretary of their corporation, and appoint such
other officers, clerks and agents, and establish such agencies
in this state and elsewhere as shall be by them deemed ad-
visable for conducting the business of the company, fix their
Bonds. compensation, and take bonds for any and all of them for
the faithful performance of their duties, and make such cove-
nants and agreements as may be deemed necessary. The
president, vice president and secretary shall be chosen from
among the directors, and may hold their appointments for
one year and until others are chosen ; but the other officers
and servants of said company may be displaced and new
ones appointed at the pleasure of the directors. In the ab-
sence or disability of the president the vice president shall
Acting president preside; and if both are absent or disabled the directors may
choose a president pro tempore. And in case any vacancy
shall occur in the board of directors the remaining directors
may choose a director or directors from among the stock-
holders to fill such vacancy, who shall hold the appointment
until others are chosen in their places.
Policies. § S. All policies of insurance or other contracts author-
ized by this act, may be made with or without the seal of
said corporation, and shall be binding and obligatory upon
said corporation, according to the true intent and meaning
of such policies and contracts.
stock may be in- § 9. The capital stock, moneys and personal estate of
said corporation may be invested at the discretion of the di-
rectors, either in loans upon bonds and mortgages upon
real estate, or in United States stocks, bank stocks, or
stocks or bonds created by any state, or of corporations
created by this state, or may be loaned upon promissory
notes or bills of exchange not having more than twelve
months to run, and the same may be called in and rein-
vested at pleasure, under the provisions of this act ; and
the insured may, by a vote of the directors, be permitted to
participate in the profits of business on such terms as the
directors may from time to time prescribe.
suits. § 10. Suits at law may be maintained by any stockhold-
er, or person insured by said company, against said corpora-
tion for losses or injuries insured against by said company,
if payment shall be withheld more than thirty days after
INSURANCE COMPANIES. 735
the same shall be due and payable by the terms of the poli-
cy of insurance or other contract, and after the said corpo-
ration shall have been duly notified of such loss or injury.
§ 11. Nothing contained herein shall be so construed as no banking Pow-
to authorize said company to engage in the business of
banking.
§ 12. The corporation hereby created shall be subject to
the operation of laws which may hereafter be passed by the
general assembly of a general application regulating like in-
surance companies.
§ 13. This act shall be deemed a public act, of which all
courts and magistrates shall officially take notice, and shall
take effect from and after its passage.
Approved February 15, 1865.
AN ACT to incorporate the Northwestern Insurance Company. In force Feb. 16,
18C5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from
the time this act shall take effect, Alex. H. Stone, Edward Name and siyu.
W. Coleman, W. J. McKim, A. M. Lawver, George P.
Kingsley, and all other persons who may hereafter associate
with them in the manner herein prescribed, shall be a body
politic and corporate, by the name and style, "Freeport In-
surance Company," and by that name may sue and be sued, Powers,
plead and be impleaded, appear, prosecute and defend, in
any court of record or other court or place whatsoever ;
may have and use a common seal and alter and renew the
same at pleasure ; may purchase and hold such real and
personal estate as may be necessary to effect the objects of
their corporation and association, and sell and convey the
same at pleasure ; may make, establish and put in execu- By-iaws.
tion such by-laws, ordinances and resolutions, not being
contrary to the laws of this state or of the United States, as
may seem necessary or convenient for their regulation and
government, and for the management of their affairs ; and
do and execute all such acts and things as may be necessa-
ry to carry into effect the provisions of this act.
§ 2. This company may make insurance on all descrip- insurance,
tions of property against loss or damage by fire, lightning,
wind, tornado or flood, and the risks of inland navigation
and transportation ; may cause themselves to be reinsured
upon the whole, or any part of any risks upon which they
may have made insurance.
§ 3. The said company may divide applications for in- cl&s?eBn of aPPa"
surance into two or more classes, according to the degree of
hazard, in which case the premium notes belonging to any
736
INSURANCE COMPANIES.
Members.
Number
election
rectors.
of di
Officers.
Vacancies.
Annual election.
Proxy vote.
one class, shall in no event be assessed for the payment of
any losses of any other class or classes, and in case of loss
under any policy issued by the company, such loss shall be
paid out of the funds of the class to which such policy be-
longs, and such class only may be proceeded against for
such loss.
§ 4. All persons who shall at any time be insured by
this company, shall be members thereof during the continu-
ance in force of their respective policies, and no longer, and
shall at all times be bound by the provisions of this act.
§ 5. The affairs of said company shall be managed by
a board of directors, to consist of not less than three nor
more than fifteen members, as may be regulated by the by-
laws of said company. Said directors shall be chosen by
ballot from among the members of said company, and a ma-
jority of the whole board shall constitute a quorum for the
transaction of business. Said directors may choose three of
their number to act as an executive committee, which shall
have all the powers of the board of directors when the board
of directors are not in session, and all contracts and obliga-
tions signed by a majority of such executive committee,
shall be as binding as though done by the board of direc-
tors.
§ 6. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their re-
spective offices for one year or longer, as may be prescribed
by the by-laws of said company, and until others are elected
in their place. The board of directors shall hold their office
for one year or until their successors are elected. All meet-
ings of the board of directors and executive committee are to
be called in the manner prescribed by the by-laws of said com-
pany. All vacancies in the board of directors may be filled
by the remaining part of said board from among the mem-
bers of said company. The persons named in the first sec-
tion of this act, shall be and they are hereby constituted a
board of directors for said company, to serve as such until
others are elected at the first annual election, as herein pro-
vided for.
§ 7. The directors in said company shall be elected on
the first Monday of November of each year, and such election
shall be held at the office of said company at such hour of
the day as the executive committee of said company may
appoint. Such election shall be held under the inspection
of three members of said company, to be appointed previous
to every election » by the directors of said company. Such
election shall be made by a plurality of the votes of the
members present or their proxies, allowing one vote for
each policy held and in force at the time of the members
offering to vote. The directors are hereby empowered and
authorized at any of their meetings to provide a form for
the appointment of proxies, and to specify the evidence that
INSURANCE COMPANIES. 737
may be required of the execution thereof. Subordinate
officers and agents may be appointed by the secretary of
said company.
§ 8. The rates of insurance shall be fixed by the direc- Rates of insur-
tors of said company, and any person applying fur insurance
may pay a definite sum of money in full for said insurance,
or may deposit a premium note for such sum or sums of
money as shall be determined by the directors of said com-
pany, part of which note shall be immediately paid for the
purpose of discharging the incidental expenses of the man-
agement of said company ; and the remainder of said de-
posit note shall be made payable in part or in whole, at such
time or times when the directors shall deem the same re-
quisite for the payment of losses or other expenses, and at
the expiration of the term of insurance the said note or such
part of the same as shall remain unpaid after deducting all
losses or expenses occurring during the said term, shall be
relinquished and given up to the signer thereof. The cash capital stock,
premiums, together with the premium notes, shall constitute
the capital stock of said company, except as may be herein-
after provided.
§ 9. The directors of said company may levy an assess- Assessments.
ment upon the premium notes, at any time they may deem
it necessary, for the payment of losses and expenses.
§ 10. The members of said company shall be and are Liability of mem-
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount
of their respective premium notes, and no more.
§ 11. All statements made in any application for insu- Applications,
ranee shall be binding upon the insured, and a warranty
upon his, her or their part.
§ 12. In case of a failure to pay any assessment due suits.
upon any premium note, an action may be brought at law
for the whole of said note, and in such case, or in case of an
action brought for the recovery of any assessment due the
said company, the certificate of the secretary of said com-
pany, under the seal thereof, specifying such assessment
and the amount due the company by means thereof, shall
be taken and received as jprima facie evidence in all courts
and places whatsoever,
§ 13. The secretary of said company may appoint a Deputy,
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
§ 14. In all suits by or against said company, any mem- suits,
ber thereof shall be a competent witness, except in suits in
which such member shall be a party in his individual ca-
pacity : Provided, he, she or they be not otherwise dis- proviso,
qualified.
'38
INSURANCE COMPANIES.
Home office.
Profits.
Alienated pro-
perty.
Proviso.
Insurance, when
void.
Term of
ance.
insur-
Notice of loss.
Referees.
§ 15. The home office of said company shall be in the
city of Freeport, in the county of Stephenson. This com-
pany may do business at any other place by agency.
§ 16. The directors may divide the whole or any part
of the profits arising from the business of the company with
the parties insured, on such terms and conditions as they may
judge the interest and welfare of the company may require.
§ IT. When any property insured by this company
shall be alienated by sale or otherwise, the policy shall
thereupon be void ; but in such case it shall be lawful for
such assured to assign and deliver to the purchaser or pur-
chasers such policy of insurance, and may bring and main-
tain a suit thereon in his, her or their names : Provided, that
before any loss happens, he, she or they shall obtain the
consent in writing of the secretary of said company, to such
assignment, and have the same indorsed on or annexed to
the said policy.
§ 18. If insurance upon any house or building, house-
hold furniture, merchandise or other property, shall be and
subsist in said company, and in any other office or firm, or
by any other person or persons, at the same time, the insu-
rance made in and by this company shall be deemed and
become void, unless such double insurance subsist by and
with the consent of this company, signified by indorsement
on or annexed to the said policy of insurance.
§ 19. This company may make insurance for any term
not exceeding ten years, and any policy of insurance issued
by said company, signed by the president or vice president
and secretary, shall be deemed valid and binding on said
company in all cases where the insured has a title in fee
simple unincumbered, to the said building or buildings in-
sured, and to the land on which the same stand, and has
the absolute unqualified ownership of the other property in-
sured ; but if the insured has a less estate therein, or if the
premises be incumbered, the policy shall be void unless the
true title of the insured be expressed therein.
§ 20. In case of any loss or damage by fire or other-
wise, to any member, upon property insured by this com-
pany, the said members shall give notice thereof in writing
to the secretary of said company, within sixty days from
the time such loss or damage may have happened, and the
directors, in such way as they may deem proper, shall as-
certain and determine the amount of said loss ; and if the
party suffering be not satisfied with the determination of the
directors, the question may be submitted to referees, or the
said party may bring action against such company for
said loss or damage at the next term of court; and if upon
trial of said action a greater sum shall be recovered than the
amount determined upon by the directors, the party suffer-
ing shall have judgment therefor against said company,
with interest thereon from the time said loss or damage oc-
INSURANCE COMPANIES. 739
curred, and costs of suit; but if no more shall be recovered than
the amount aforesaid, the said party shall become non-suit
and the company shall recover their cost: Provided, how- Proviso.
ever, that the judgment last mentioned shall in nowise aifect
the claims of said suffering party to the amount of loss or
damage as determined by the directors aforesaid.
§ 21. In case any building or buildings situated upon BuiuimSS on
leased lands and insured by said company, be destroyed by
fire or otherwise, and the owner or owners thereof shall
prefer to receive the amount of said loss in money, in such
cases the directors may retain the amount of the premium
note given for the insurance thereof, until the time for
which insurance was made shall have expired ; and at the
expiration thereof, the assured shall have the right to de-
mand and receive such part of said retained sum or sums as
has not been expended in losses or assessments.
§ 22. The directors shall settle and pay all losses within i^es.
three months after they shall have been notified, as afore-
said, unless they judge it proper to rebuild within the time,
a house or houses destroyed, or repair the damages sus-
tained.
§ 23. Any director, agent or other person who shall Embezzlement,
collect or receive any money or other valuables, and shall
not account for and pay over the same when requested by
said company, any such director, agent or other person, on
conviction of the same shall be deemed guilty of embezzle-
ment.
§ 21. If it shall so happen that the election of directors Elections.
of said company shall not be held on the day when, pursu-
ant to this act, it ought to have been held, this company,
for that cause, shall not be deemed to be dissolved, but it
shall be lawful on any other day to make and hold an elec-
tion.
§ 25. The records of said company shall be competent Record of evi-
evidence in any suit between the corporation and a member
or members thereof. All process against said company
shall be served upon the president or secretary of said com-
pany.
§ 2G. This act shall not be construed to exempt said Banking forbid,
company from the operation of such general laws as may
hereafter be passed upon the subject of insurance companies,
nor to extend any power to said company to do banking
business. This act shall be null and void unless this corpo-
ration shall be organized within one year after its passage.
§ 27. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein contained, and
take effect and be in force from and after its passage.
Approved February 16, 1865.
740
INSURANCE COMPANIES.
I n force Feb. 14,
1865.
AN ACT to incorporate the North Western Insurance Company.
Members.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from the
corporators. time this act shall take effect, Leander Smith, A. C. Jack-
son, L. IT. .Robinson, James McCoy, E. B. Warner, Charles
Spears, D. Eichards, O. R. Woodruff, and Andrew J. Ful-
ler, and all persons who may hereafter associate with them
in the manner herein prescribed, shall he a body politic and
Name and style corporate, by the name and style of "The North Western
Insurance Company," and by that name may sue and be sued,
appear, prosecute and clef end in any court of record, or other
court or place whatsoever; may have and use a common
seal, and alter and renew the same at pleasure; may pur-
chase and bold such real and personal estate as may be ne-
cessary to effect the objects of their corporation and associa-
Powers. tion, and sell and convey the same at pleasure ; may make
and establish such by-laws, ordinances and resolutions not
being contrary to the laws of this state or of the United
States, as may seem necessary or convenient for their regula-
tion and government, and for the management of their affairs,
and do and execute such acts and things as may be necessary
to carry into effect the purposes in this act.
§ 2. All persons who shall at any time be insured in
this company shall be members thereof during the continu-
ance in force of their respective policies, and no longer, and
shall, at all times, be bound by the provisions of this act.
§ 3. The affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more than
fifteen members, as may be regulated by the by-laws of
said company. Said directors shall be chosen by ballot
from among the members of said company, and a majority of
the whole board shall constitute a quorum for the transac-
tion of business. The executive committee of said company
shall possess all the powers of the board of directors when
the board is not in session.
§ 4. The board of directors shall elect a president, vice-
president, secretary and treasurer, who shall hold their re-
spective offices for one year or longer, as may be prescribed
by the bydaws of said company, and until others are chosen
in their places. The board of directors shall also appoint
an executive committee to consist of three directors. Sub-
ordinate officers, agents and examiners, may be appointed
by and in the maimer prescribed by the by-laws of said
company.
§ 5. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
wind, and the risks of inland navigation and transportation ;
and may cause themselves to be re-insured upon the whole
or any part of any risk on which they may have made in-
surance.
Quorum.
Officers.
INSURANCE COMPANIES. 7il
§ 6. The rates of insurance shall be fixed by the board Rates.
of directors or executive committee of said company. Pre-
mium notes may be received from the insured, which shall
be paid at such time or times, and in such sum or sums as
the directors shall require, for the payment of losses and ex-
penses. Any person applying for insurance may pay a defi-
nite sum of money, in full for said insurance, and in lieu of a
premium note. The cash premiums, together with the pre-
mium notes, shall constitute the capital stock of said com-
pany, which may be increased by a guarantee capital as
hereinafter provided.
§ 7. The directors of said company may levy an assess- Assessments.! ■
ment upon the premium notes at any time they may deem it
necessary, for the payment of losses and expenses.
§ 8. The members of this company shall be and are Members bound.
hereby bound to pay their proportion of all losses and
expenses happening and accruing during the time for which
their policies were issued and in force, and to the amount
of their premium notes, and no more.
§ 9. All stitements made in any application for insu- Applications.,
ranee, shall be binding upon the insured, and a warranty
upon his, her or their parts.
§ 10. Whenever any assessment is made upon any pre- Policy, when
mium note given to said company, and the maker thereof vold'
shall neglect or refuse to pay the amount of said assessment
by said company, for the space of thirty days after notice
of such assessment, which notice shall be given in the man-
ner prescribed by the by-laws of said company, his, her or
their policy shall be null and void and of no effect until
such assessment is paid ; and action may be brought at law
for the amount of premium note ; and in case an action is
brought for the recovery of any assessment due said com-
pany, the certificate of the secretary of said company, sta-
ting the amount of said assessment, shall be taken and re-
ceived as prima facie evidence in all courts and places Evidence,
whatsoever.
§ 11. The persons named in the first section of this act Annual election.
shall be and they are hereby constituted a board of directors
for said company, to serve as such until the first annual elec-
tion of directors herein provided for, and until others are
chosen. The directors of said company shall be elected
on the first Monday in June, of each year ; and such
election shall be held at the office of said company at such
hour of the day as the directors or executive committee of
said company may appoint. Such election shall be held
under the inspection of three members of said company, to
be appointed previous to every election, by the executive
committee of said company. Such election shall be made
by a plurality of votes of the members present, or their
proxies, allowing one vote for each policy held and in force,
or share of guarantee stock held. The directors or execu-
712 INSURANCE COMPANIES.
tive committee are hereby authorized, at any of their meet-
ings, to provide a form for the appointment of proxies, and
to specify the evidence that may be required of the execution
thereof.
Meetings. § 12. All meetings of the board of directors and the
executive committee are to be called in the manner pre-
scribed by the by-laws of said company.
Policies. § 13. This company shall have power to issue policies
for any term of years not exceeding ten.
Deputy. § 14. The secretary of said company may appoint a
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
to invest capital § 15. The said company, through its officers or board of
directors, may invest, loan and employ the funds of the com-
pany in such way and manner as they may judge that the
interest and welfare of the company may require ; but noth-
ing contained in this act shall be so construed as to allow
this company any banking privileges, or issue any certifi-
cates of deposit to circulate as money or currency.
Home office. § 10. The home office of this company shall be in the
village of Morrison, in the county of "Whiteside, and state
of Illinois. Said company may do business in any other
. place by agency.
Elections. § 17. It' it shall so happen that the election of directors
of said company shall not be held on the day when, pursu-
ant to this act, it ought to have been made or held, this
company, for that cause, shall not be deemed to be dis-
solved, but it shall be lawful on any other day, to make and
hold an election, notice of which shall be given in a man-
ner prescribed by the by-laws of said company.
Guarantee fund. § 18. For the better security of policy holders, the said
company may receive guarantee notes or mortgages on real
estate, to be approved by the board of directors, or by the
executive committee thereof, to the amount of one hundred
thousand dollars, the makers whereof shall be paid in consid-
eration of such guarantees, a compensation, to be determined
by the board of directors or executive committee, but not
exceed ten per cent, per annum. Such notes or mortgages
shall be entitled to representation in the election of directors
in the ratio of one vote for every one hundred dollars, and
shall be liable for the losses and expenses of the company
whenever the cash premiums and premium notes are insuf-
ficient to pay the same. Scrip certificates may be issued for
any guarantee fund, transferable only on the books of the
company.
§ 19. This act shall be deemed a public act, and be libe-
rally construed for the purposes therein mentioned, and be
in force on and after its passage.
Approved February 16, 1865.
INSURANCE COMPANIES. 743
AN ACT to incorporate the North Western Farmers' Insurance Company, in force Feb. 16
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles
H. Goold, Ebenezer Hyde, David D. Spencer, Nathaniel corporators.
McBride, Bobert W. Steel and Samuel Holdeman, and
their associates, successors and assigns be and they are here-
by created a body corporate and politic, by the name and
style of uThe North "Western Farmers' Insurance Compa- Namearjd gtvle.
ny," and this company shall have full power and authority
to take risks, and make insurance against accidents of all
kinds, with any person or persons; also upon their lives, or
upon the life of any person for the benefit of any other per-
son having any pecuniary interest in the insured person's
life, as creditors, guarantee, surety, or interested by any
marital or other relation ; may grant, sell or make any con- Powers.
tract for annuities and endowments, and do all other acts
and things necessary and incidental to the transaction of a
life insurance and annuity business ; may issue policies for
such length of time, and upon such terms and conditions as
may be agreed upon by the directors. They may also cause
themselves to be re-insured against loss upon any or all
risks taken.
§ 2. The said company shall also have power to make Further powers.
insurance and take risks on all kinds of property, and may
take any kind of risk that they deem proper, and charge
and receive such premiums therefor as may be agreed by
and between the parties, either upon the mutual or stock
principle, or both ; and may use, invest or loan its capital or
surplus funds in such way and manner, as the directors
may judge the interest and welfare of the company recmires,
at such rates as private persons may legally do by the laws of
this state ; and may divide the business or risks in two or
more classes, upon such conditions as may be regulated by
the by-laws.
§ 3. The said company may establish agencies either in Agents.
or out of this state, and do all acts not inconsistent with the
constitution and laws of this state or of the United States,
as may seem necessary and convenient to carry out the full
objects of this act, and may make such by-laws, ordinan-
ces and resolutions as may seem necessary or convenient
for their regulation and government, and for the manage-
ment of their affairs.
§ 4. Said company may sue and be sued, appear, prose- Suiu.
cute and defend in any court of record or other court or
place, whatsoever, and shall be recognized as a corporation
in all courts.
§ 5. This act shall be void unless the directors organize when to organ-
the company at Lisbond, in the county of Kendall, within ize-
one year from the passage of this act. This act shall not Banking forbid,
authorize said company to do banking business, nor shall it
744
INSURANCE COMPANIES.
be so construed as to exempt said company from the operation
of such general laws as may hereafter be passed upon the
subject of insurance companies.
§ 6. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved February 1G, 1SG5.
In force Feb. 15, AX ACT to incorporate the North- Western Mutual Life Insurance Company.
1S65.
Section 1. Be it enacted by the People of [the State of]
Illinois, represented in the General Assembly, That Men-it
corporators. Ladd, John Tyrell, EL W. Hinsdale, C. C. P. Ilolden, John
L. Scripps, Fred. II. May, O. P. Axtell, W. F. Brewster,
John S. Wolf, and all other persons who may hereafter as-
sociate with them in the manner herinafter described, shall
be and are hereby declared a body politic and corporate, by
Name and style, the name of " The North-Western Mutual Life Insurance
Company," and by that name may contract and be contract-
ed with, sue and be sued, defend and be defended against in
any and all courts.
rowers. § 2. The corporation hereby created shall have the pow-
er to insure the lives of its respective members, and to make
all and every insurance appertaining to, or connected with
life risks, the granting of endowments, and to grant and
purchase annuities ; and all persons who shall insure with
this corporation, and also their heirs, executors, administra-
tors and assigns, continuing to be insured in said corporation,
shall thereby become members thereof.
§ 3. Every person who shall become a member of this
corporation by effecting insurance therein, shall, before he
receives his policy, pay the rates that shall be fixed upon
and determined by the trustees, and no premium so paid
shall ever be withdrawn from said company, except as here-
inafter provided, but shall be liable to all the losses and ex-
penses incurred by this company during the continuance of
its charter; and an insurance of at least one thousand dol-
lars in amount shall be necessary to entitle any member
to vote.
§ 4. All the corporate powers of said company shall be
exercised by a board of trustees, and such officers and
agents as they may appoint, all of whom must be mem-
bers.
§ 6. The board of trustees shall consist of nine persons,
and those named in this act shall constitute said board, who
shall be a quorum for the transaction of business, and who
shall be such quorum until otherwise provided by by-laws ;
and may, from time to time, make due provision in said by-
Membera.
Trustees.
Quorum.
INSURANCE COMPANIES. 754:
laws for increasing the number of trustees as may be
deemed proper in the extension of the business of the cor-
poration.
§ 6. The trustees shall determine the rates of insurance Rates of insur-
ant the sums to be insured, and shall invest the premiums
as hereinafter prescribed.
§ 7. The election of trustees shall be held on the first Annual election.
Monday of April, 1865, and in each and every year at such
place in the city of Chicago, as the board of trustees shall
designate, of which they shall give at least one week's pre-
vious notice in two of the public newspapers printed in
Chicago; and the board of trustees, at the same time, shall also inspectors,
appoint three of the members of the said corporation, inspec-
tors, to preside at such election ; and if any of said inspec- vacancies.
tors decline or fail to attend, the trustees shall appoint oth-
ers to till such vacancies ; and shall till any vacancies in
their number caused by death, resignation, or by removal
from the state.
§ 8. The trustees shall elect one of their number presi- President,
dent, annually.
§ 9. It shall be lawful for the said corporation to invest investment of
i • , . ., ... ii . , -i • ,i premium's.
the premiums received, in the securities designated in the
two following sections, and to sell, transfer and change the
same, and reinvest the funds of said corporation whenever
the trustees shall deem expedient.
§ 10. The whole of the premiums received for insurance Hold real estate.
by said corporation, except as provided for in the following
section, may be invested in bonds, secured by mortgages
onS unincumbered, improved real estate within this state.
The real estate, or property to secure such investment of
capital shall, in every case, be worth twice the amount
loaned thereon. The real estate which it shall be lawful
for this corporation to purchase, hold, possess and convey,
shall be :
First. Such as shall be requisite for its immediate ac-
commodation in the convenient transaction of its business.
/Second. Such as shall have been mortgaged to it in
good faith, by way of security for loans previously contrac-
ted, or for money due.
Third. Such as shall have been conveyed to it in satisfaction
of debts previously contracted, in the course of its dealings.
Fourth. Such as shall have been purchased at sales up-
on judgments, decrees or mortgages, obtained or made by
6uch debts.
§ 11. The trustees shall have power to invest a certain Int^esk*sin PubKe
portion of the premiums received, not to exceed two-thirds
thereof, in public stocks of the United States, or of this
state, or of any incorporated city of this state.
§ 12. Suits at law may be maintained by said corpora- suits at law.
tion against any of its members, for any cause relating to
the business of said corporation. Suits at law may also be
—55
74G
INSURANCE COMPANIES.
Report of officers
Baiaace
roent.
Report to secre
tary of state.
prosecuted and maintained by any member against said cor-
poration, for loss by death, if payment is withheld more
than three months after the company is duly notified of
such losses, and no member of the corporation shall be de-
barred his testimony as a witness in any such cause on ac-
count of interest in such suit, or of his being a member of
said company; and no member of the corporation, not be-
ing in his individual capacity, a party to such suit, shall be
incompetent as a witness in any such suit, on account of his
being a member of said company.
§ 13. The officers of said company, at the expiration of
three years from the time that the first policy shall have
been issued and bear date, and within sixty days thereafter.
and during the first sixty days of every subsequent period
of three years, shall cause a balance to be struck of the af-
fairs of the company, and shall credit each member with an
equitable share of the profits of said company ; and in case
of the death of the party whose life is insured, the amount
standing to his credit at the last preceding striking of bal-
ance as aforesaid, shall be paid over to the person entitled
to receive the same. Any member who would be entitled
to share in the profits, who shall have omitted to pay any
premium, or any periodical payment, due from him to the
company, may be prohibited by the trustees from sharing in
the profits of the company. No member, except officers of
the company and agents thereof, shall be personally liable
for the losses of the company ; and such officers and agents
severally, shall be liable, but only for the losses arising by
reason of their own respective neglect or misconduct.
§ 14. On some day in the first thirty days, after the ex-
piration of the first three years from the time when the said
company shall issue its first policy, and within the first thir-
ty days of every subsequent three years, the officers of said
company shall cause to be made a general balance statement
of the affairs of said company, which shall be entered in a
book prepared for that purpose, which shall be subject to
the examination of every member of the company, during
the usual hours of business, for the term of thirty days
thereafter. Such statement shall contain:
First. The amount of premiums received during the said
period.
Second. The amount of expenses of said company du-
ring the same period.
Third. The amount of losses incurred during said period.
Fourth. The balance remaining with the said company.
Fifth. The nature of the security on which the same is
invested or loaned, and the amount of cash on hand.
The said company shall also make and transmit to the
secretary of state, on the first Monday of April in each
year, a full statement of its affairs, in the same or like man-
ner as moneyed corporations are required to do.
INSURANCE COMPANIES. 717
§ 15. The operations arid business of this corporation Home office,
shall be carried on in the city of Chicago, at such place as
the trustees shall direct, so far as the same can be done at a
principal office.
§ 16 No policy shall be issued by said company until Aggregate aPP«-
application shall be made for insurance, in the aggregate,
for one hundred thousand dollars, at least. The trustees
shall have the right to purchase for the benefit of the com-
pany, all policies of insurance, or other obligations issued
by the said company, and shall pay the amounts due on all
policies issued by said company, which may become paya-
ble by reason of death, within ninety days thereafter: Pro-
vided, proof of death having first been made to the said
trustees.
§ 17. It shall be lawful for any married woman, by her- wife may ins*™
self and in her name, or in the name of any third person, hUBband'B llfe-
with his assent as her trustee, to cause to be insured for her
sole use, the life of her husband, for any definite period, or
for the term of his natural life ; and in case of her survi-
ving her husband, the sum or net amount of the insurance be-
coming due and payable by the terms of the insurance,
shall be payable to her, to and for her own use, free from
the claims of the representatives of her husband, or of his
creditors ; but such exemption shall not apply where the
amount of premium annually paid, shall exceed three hun-
dred dollars. In case of the death of the wife before the
decease of the husband, the amount of the insurance may
be made payable after death, to her children for their use,
and to their guardian, if under age.
§ 18. The North-Western Mutual Life Insurance Com- Reinsurance
pany shall have a common seal, and shall have power to
make re-insurance of any risk which they may have taken ;
and may make all such by-laws, not inconsistent with the
constitution and laws of this state, as may be deemed ne-
cessary for the appointment of its officers and agents, and
the conduct of its affairs in the various cities and towns of
this state, and of sister states, and foreign governments, as
the said corporation may deem most for its interest.
§ 19. Any member of this company shall have the right Proxies.
to vote by proxy as well as in person.
§ 20. This act to take effect and be in full force from and
after its passage.
Approved February 15, 1865.
71 S
INSURANCE COMPANIES.
In force April 18,
1866.
Corporators.
Name and style.
Seal.
Powers.
Capital stock.
letters patent.
Object.
Directors.
Officers.
Agencies.
AN ACT to incorporate the North-western Transit Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, 1 epresented in the General Assembly, That Ezra
B. McOagg, E. C. Larned, John H. Ivinzie, J. S. Rumsey,
W. E. Doggett, S. L. Barrett, F. A. Eastman, William F.
DeWolf, J. L. Scripps, S. C. Griggs and P. II. Willard,
and those who may hereafter be associated with them, and
their successors, are hereby constituted and declared to be
a body politic and corporate in law and otherwise, by the
name, style and title of " The North-western Transit In-
surance Company ;" and by the same name shall have per-
petual succession, shall make and establish a common seal,
with the privilege of altering and renewing the same at
pleasure, shall sue and be sued, shall purchase, lease or dis-
pose of property, and shall ordain, establish and put in exe-
cution such by-laws, ordinances and regulations as shall
appear necessary and convenient for the government of the
corporation, not being contrary to this charter, or the laws
of this state or of the United States, and generally to do
and transact all such matters and things as shall to them
lawfully appertain to do and transact for the well being,
ordering and management of the corporation.
§ 2. That the capital stock of said company shall con-
sist of four thousand shares of fifty dollars each, wiih the
privilege of increasing the same, as may be deemed neces-
sary, to ten thousand shares.
§ 3. That when one thousand shares of stock shall have
been subscribed for, and five per cent, of the same shall
have been paid in in cash, a majority of the corporation
above named shall so certify to the governor of the state, who
shall then, under his hand and seal of stafe, issue letters
patent to said company, whereupon the said subscribers and
their successors shall become endowed with the powers con-
ferred by this act.
§ 4. The object and business of said corporation is pre-
scribed to be the insuring of persons and personal property
against accidental injury, upon such terms as may be agreed
upon by the contracting parties.
$ 5. The affairs of said company shall be managed by a
board of not less than five or more than ten directors, who
shall be elected within sixty days after letters patent shall
have been issued, and annually thereafter, but no failure to
elect at the time appointed shall work a non-user, but the
directors being in office shall continue until their successors
are duly elected. Said directors shall organize by electing
one of their number president, also, a treasurer, secretary,
and such other officers as they may deem proper.
§ 6. It shall be lawful for the company hereby incor-
porated to establish branch offices and agencies at such
points as may be necessary to enable them to best conduct
INSURANCE COMPANIES. 749
their business, and the corporate seal of said corporation
shall be used at such agencies, under the direction of the
president and managers, if deemed necessary, and said seal
when used under the proper sanction and attached to poli-
cies of insurance shall effectually bind the said company to
the provisions set forth upon the face of said policy, and
any fraud, counterfeit or misdemeanor practiced upon said
seal, or upon any of the certificates of said company, shall
be punished in like manner as frauds upon other policies,
tickets or certificates are punishable by law in this state.
§ 7. Insurances may be effected for the benefit of either
the insured or of such person or persons as he or she may
direct.
§ 8. The directors of said company may declare annual Dividends.
or semi-annual dividends out ot the profits of said cor-
poration.
§ 9. The said company are hereby required to perfect Limit,
their organization, under the provisions of this act, within
twelve months after this act shall take effect, otherwise the
same shall be null and void.
Approved February 16, 1S65.
AN ACT to incorporate the Packers' and Provision Dealers' Insurance Com- In force Feb. 16
pany of Chicago.
1SC5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Charles-
Culbertson, O. II. Tobey, Clinton Briggs, N. K. Fairbanks, corporators.
K. M. Hough, John L. Hancock, Henry Milward, A. E.
Kent, V. A. Turpin, Daniel Jones, Joseph Jones, C. H. S.
Mixer, their associates and successors, and all such persons
as shall become stockholders, be and they are hereby created
a body corporate and politic, by the name and style of
"The Packers' and Provision Dealers' Insurance Com- Name and style.
pany." The corporation may have a common seal, and seal.
power to appoint all such servants and agents as it may
deem necessary ; and may make, ordain and establish Powers,
such by-laws, rules and regulations for the management of
its affairs as it may think proper, not inconsistent with the
laws and constitution of the United States and the state
of Illinois, and again at its pleasure to amend, alter and
repeal the same, and to have process and enjoy all those
rights, privileges and immunities which are necessary to
transact an insurance business, and to be recognized in all
its rights and powers without pleading the same, in all the
courts of the state of Illinois.
750
INSUKAXCE COilPANIES.
Capital stock.
one
Board of direct-
ors.
Officers.
§ 2. The capital stock of this company shall be
million of dollars, with power to increase the same to any
sum not exceeding five millions of dollars, by a vote of a
majority in interest of the paid stock at the date of snch
vote, which shall be divided into shares of one hundred
dollars each, and which shall be deemed personal property,
and transferable only under such regulations as may be
adopted by the company.
§ 3. When a subscription to the capital stock of not less
than one hundred thousand dollars shall have been made,
and live per cent, thereof actually paid in cash, the sub-
scribing shareholders may meet and choose a board of nine
directors, in whom all the powers of the corporation, not
otherwise herein specially limited and provided, shall be
vested. The board of directors may choose one of their
number president and another vice president, also, a secre-
tary and treasurer, and such other officers and agents as
they may deem necessary, and whose qualifications, duties
and compensation may be fixed and prescribed in the by-
laws, regulations and resolutions of the board of directors
from time to time. The board of directors shall hold their
offices for one year, or until their successors are elected and
qualified. The term of office of the secretary, treasurer and
other employees shall be fixed by the board of directors.
The home office of the corporation shall be at the city of
Chicago, in Cook county, Illinois.
§ 4. The said company shall have power to make insur-
ance against loss by lire on any and all kinds of property,
houses and fixtures, to make insurance and take all and any
marine risks, and to take all risks and make insurance of
lives, and to lix, charge and receive such rates of premium
therefor as may be agreed upon between the parties, and
any or either of the risks and insurance, fire, marine or
life may be done upon the mutual or stock principle, or upon
both together.
§ 5. The corporation may declare dividends, but all
dividends shall be applied in payment of the capital stock
subscribed, until the amount subscribed by each shareholder
shall have been paid up in full by the dividends declared
upon the stock, and so of the stock subscribed from time to
time, and the capital stock may be called in as required by
the by laws.
swrpiua capital. § <;. The company may invest any surplus capital or
other money on hand in any kind of stocks or other securi-
ties deemed safe, or in real estate, bonds and mortgages, or
may loan the same at any rate of interest not exceeding ten
per cent., and may discount the interest reserved out of
such loan. The company may own such real estate as may
be needful to transact its business, and may take, hold, use
and convey such other real estate as may be necessary to
secure any loan or debt due by judgment or otherwise. In
Term of direc
ors.
Home office
Kind of risks.
IMvtdends.
TCea! estate.
INSURANCE COMPANIES. 751
all cases of loss exceeding the property and paid stock of
the company ; each shareholder shall be liable on the amount
and to the amount of unpaid stock due from each.
§ 7. Said company may establish agencies and do all Agencies.
such acts, by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine and Applications,
prescribe in the by-laws the manner of making applications,
and the terms and conditions of the policy, and the manner
of adjusting losses. The board of directors may prescribe
the manner in which the unpaid stock shall be secured:
Provided, however, that if the corporation hereby created Proviso,
shall not be organized within one year from the passage of
this act, the rights hereby granted shall cease and be null
and void.
§ 8. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Pioneer Insurance Company. in force Feb. 16
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John it.
Howlett, Charles K. Judson, Andrew P. Long, and all other corporators.
persons who may hereafter associate with them, in the man-
ner herein prescribed, shall be and are hereby constituted a
body corporate and politic, by the name and style of the
"Pioneer Insurance Company," and by that name may sue Name and style,
and be sued, appear, prosecute and defend in any court of
record, or other court or place whatsoever ; and may have
and use a common seal, and alter, break and renew the same seal,
at pleasure ; may purchase and hold such real and personal
estate as may be necessary to effect the objects of their asso-
ciation, and may sell and convey the same at pleasure :
Provided, such real estate shall not exceed in value, at any proviso.
one time, the sum of thirty thousand dollars, except such as
may be taken for debts due the company, or as a part of the
guaranty capital ; may make, establish, and put in execution By-laws,
such by-laws, ordinances and resolutions, not being contrary
to the laws of this state or of the United States, as may be
necessary or convenient for their regulation and government
and for the management of their affairs, and do and execute
all such acts and things as may seem necessary to carry into
effect the provisions of this act.
§ 2. The affairs of said company shall be managed by a Directors.
board of directors, to consist of not less than five nor more
than twenty-one members or stockholders, as may be regu-
752
INSURANCE COMPANIES.
Committee
election.
lated by the by-laws of said company; and said directors
shall be chosen by ballot from among the members or stock-
holders of the company, and the said directors are author-
ized to fix, by by-law or otherwise, how many of their
number shall constitute a quorum for the transaction of
business.
First boai-a. g 3. The persons named in the first section of this act
are hereby constituted a board of directors to serve as such
until the first annual election, and until others are
chosen, and are authorized to fill up their number to any
Annual election, number not exceeding twenty-one, which annual election
shall be held on the second Monday in April in each year.
Such election shall be held at the office of the company, at
such hour of the day as the directors shall for the time being
appoint, notice of which shall be given in one of the newspa-
pers printed in Carroll county, state of Illinois, at least ten
of days immediately preceding such election, and such election
shall be holden under the inspection of three members or
stockholders, to be appointed previous to every election by
the executive committee, and such election shall be made by
a plurality of the votes of the members and stockholders, or
their proxies, allowing each member one vote for each policy
by him, her or them held and in force in this company ; and
each stockholder one vote for each share of stock. The board
of directors shall hold their offices for one year and until
others are chosen, and vacancies occurring in the board may
be filled at any of their meetings.
§ 4. The board of directors shall elect a president, vice
president, secretary, and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be re-
gulated by the by-laws, and until others are chosen. The
board of directors may also appoint an executive com-
mittee from among their own number, and such commit-
tee, when the board is not in session, may exercise all the
powers vested in this company, except where the company
has, by its by-laws, otherwise provided. The board of di-
rectors may appoint examiners, agents, and such other offi-
cers as they may deem necessary who shall hold their offices
during the pleasure of the board.
§ 5. If it should at any time happen, that the election of
directors shall not be held or made on a day when pursuant
to this act it ought to have been held or made, this corpora-
tion shall not, for that cause, be deemed to be dissolved, but
it shall be lawful on any other day, to hold and make an
election of directors, notice of which shall be given as here-
in prescribed,
tn- § 6. The rates of insurance shall be fixed and regu-
lated by the board of directors, and premium notes
may be received from the insured, which shall be paid
at such time or times and in such sum or sums as the
directors shall, from time to time, require for the pay-
ment of the debts of the company. The directors
Term.
Officers.
Rates of
ance.
INSURANCE COMPANIES. 753
may also fix the amount that each party shall pay at the time
of insuring, and may make the premium for insurance pay-
able in installments, upon such terms and conditions as may
be regulated by the by-laws of the company, and any party
applying for insurance, so electing, may pay a definite sum
of money, in full, for said insurance and in lieu of a pre-
mium note.
§ 7. If it shall so happen that the whole stock and con- Losses,
tributions of this company be insufficient to pay and satisfy
all losses and expenses, in such case a just average shall be
made, and the payment to be demanded by virtue of any
policy, shall be a dividend of such stock and contributions
in proportion to the amount of losses and expenses.
§ 8. The directors may divide the whole or any part of Profits,
the profits arising from the business of the company with
the parties insured, upon such terms and conditions as they
may judge that the interest and welfare of the company re-
quire.
§ 9. The members of this company shall be and are Members, how
hereby bound and obliged to pay their proportion of all ai oun "
losses and expenses happening and accruing during the
time for which their policies were issued, to the amount of
their premium notes and cash premiums, and no more ; and
where the premium is payable in installments, and any one
installment or note is not paid when due, or within thirty
days thereafter, the whole of the installments or notes given
for such insurance shall be deemed to be due and payable,
and the said company may sue for and recover the amount
of such installments or notes.
§ 10. Applications for insurance must state all the facts Applications.
and circumstances affecting the risk ; and the statements
made in the application shall be binding on the insured,
and a warranty on his, her or their part, and any willful
mis-statement shall render the policy inoperative and void
and of no effect.
§ 11. It shall be lawful for this company to reinsure any Reinsurance.
risk, or any part of any risk on which they have made in-
surance.
§ 12. The home office of this company shall be located Home office.
at Lanark, in the county of Carroll, but no policy shall be
issued by the company until applications have been received
for insurance for at least thirty thousand dollars.
§ 13. When an action is brought for the recovery of Action*.
any assessment on any premium note, or any note for pre-
mium given to this company, the certificate of the president
and secretary, under seal of the company, stating the
amount due the company on such note or notes, shall be
taken as prima Jade evidence thereof in all courts and
places whatsoever.
§ 14. In case any member of this company shall neglect Policy, when for-
or refuse to pay his, her or their assessment, as levied by
7^4 INSURANCE COMPANIES.
the directors, for the space of thirty days after notice thereof,
his, her or their policy shall be void and of no effect; but on
payment of such assessment, with interest, the policy shall
be revived.
Suits. | 15. Suits at law may be maintained by this company
against any of its members or stockholders, and suits may
also be maintained by any member or stockholder against
this company, and in any such suit, any member or stock-
holder shall be admitted as a competent witness for and in
behalf of the company.
Deputy. § 16. It shall be lawful for the secretary of this company
to appoint a deputy, which appointment shall be approved
by the board of directors.
Risks- § 17. The said company shall have power to make insu-
rance and. take risks on all kinds of property, and may take
any kind of risk that they may deem proper, including acci-
dents to persons or propert}r, and charge and receive such pre-
miums therefor as may be agreed by and between the parties.
Guarantee capi- g 18. For the better security of policy holders, the said
company may receive a guaranty capital to any amount not ex-
ceeding one hundred and fifty thousand dollars, which shall
be divided into shares of one hundred dollars each, and
shall be entitled to representation at elections of directors,
in the ratio of one vote for each share, and shall be secured
by mortgages on unincumbered real estate worth double the
amount of mortgage, United States securities, national bank
or Illinois state stocks, or cash ; said capital shall be liable
for the losses of the company whenever the premiums paid
or agreed to be paid are insufficient to pay the same ; and
the said company may make dividends of the profits of the
business to the stockholders.
investment of § 19. The board of directors may invest and employ
the funds of the company in such way and manner as they
may judge that the interest and welfare of the company re*
Banking forbid, quire, but nothing contained in this act shall be so construed
as to authorize said company to engage in any banking busi-
ness, or to issue any notes or certificates to circulate as money
or currency.
classes of risks. § 20. The business or risks of the company may divided
into two or more classes or departments, upon such condi-
tions as may be regulated by the by-laws.
§ 21. This act shall be deemed a public act, and shall
take effect from and after its passage, and continue fifty
years, but shall become void and of no effect unless organ-
ized within one year from and after its passage.
Approved February 16, 1865.
INSURANCE COMPANIES. <O0
AN ACT to incorporate the Planters' Insurance Company. In force Feb. 10,
1SC5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly-, That from the
time this act shall take effect, Thomas Dennis, A. M. Law- Name and style.
ver, Joseph Schofield, W. A. Turney, Z. Trnesclel, and all
other persons who may hereafter associate with them in the
manner herein prescribed, shall he a body corporate and
politic, by the name and style of "Planters' Insurance Com-
pany," and by that name may sue and be sued, plead and
be impleaded, prosecute and defend in any court of record,
or other court or place whatsoever; may have and use a seal,
common seal, and alter and renew the same at pleasure ;
may purchase and hold such real and personal estate as powers,
maybe necessary to effect the object of their corporation and
association, and sell and convey the same at pleasure ; may
make such by-laws, ordinances and resolutions not being
contrary to the laws of this state or of the United States,
as may seem necessary or convenient for their regulation
and government, and for the management of their affairs,
and do and execute such acts and things as may be neces-
sary to carry into effect the provisions of this act.
§ 2. x\ll persons who shall at any time be insured by Membership.
and in said company, shall be members thereof during the
continuance in force of their respective policies, and no
longer, and shall at all times be bound by the provisions of
this act.
§ 3. The affairs of said company shall be managed by a Directors,
board of directors, to consist of not less than three, nor more
than fifteen members, as may be regulated by the by-laws
of said company ; said directors shall be chosen b}^ ballot,
from among the members of said company, at such time of
the year as may be regulated. Such election shall be held Elections.
at the office of said company, at such hour of the day as the
directors or executive committee of such company may ap-
point. Such election shall be held under the inspection
of three members of said company, to be appointed previ-
ous to every election by the directors of said company ; such
election shall be made by a plurality of the votes of the
members present, or their proxies, allowing one vote for
each policy held in force at the time of the members offer-
ing to vote. The directors are hereby authorized, to pro- Proxy vote,
vide a form for the appointment of proxies, and to specify
the evidence that may be required of the execution thereof.
A majority of the whole board shall constitute a quorum for Quorum.
the transaction of business. The board of directors of said
company shall have power to appoint an executive commit-
tee from among their number, which shall have all the pow-
ers of the board of directors, when the board is not in session.
The persons named in the first section of this act shall be
and they are hereby constituted a board of directors for said
756
INSURANCE COMPANIES.
Meeting!.
Officers.
Term.
Assessment?.
Applications.
Assessments.
company, to serve as such until the first annual election of
directors herein provided for, and until others are elected.
§ 4. All meetings of the board of directors and execu-
tive committee shall be called in the manner prescribed by
the by-laws of said company.
§ 5. The board of directors shall elect a president, vice-
president, secretary and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be prescribed
by the by-laws of said company, and until others are elected
in their places. Subordinate officers, agents and examiners
may be appointed by the secretary of said company.
§ 0. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
tornado, wind, rain or flood, and the risks of inland naviga-
tion and transportation ; and may cause themselves to be
reinsured upon the whole or any part of any risk on which
they may have made insurance. This company shall have
power to issue policies for any term not exceeding ten years.
§ 7. The rates of insurance shall be fixed by the board of
directors or executive committee of said company. Any
person applying fur insurance may pay a definite sum of
money, in full for said insurance, or may deposit a premium
note for such sum or sums of money as shall be determined
by the management of said company, a part of which note
shall be immediately paid for the purpose of discharging the
incidental expenses of said company, and the remainder of
said deposit note shall be made payable, in part or in whole,
at such time or times when the directors shall deem the
same requisite for the payment of losses or other expenses,
and, at the expiration of the [term] of insurance, the said note,
or such part of the same as shall remain unpaid after de-
ducting all losses or expenses occurring during said term,
shall be relinquished and given up to the signer thereof.
The cash premiums, together with the premium notes,
shall constitute the capital stock of said company, which
may be increased as hereinafter provided.
§ 8. The directors of said company may levy an assess-
ment upon the premium notes, at any time they deem it
necessary for the payment of losses and expenses.
§ 9. Said company may divide applications for insurance
into two or more classes, subject to such regulations as may
be adopted by the directors of said company.
§ 10. The members of this company shall be and they are
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount of
their premium notes, and no more.
§ 11. Whenever any assessment is made upon any pre-
mium note given to said company, and the maker thereof
shall refuse or neglect to pay the amount claimed by said
company for the space of thirty days after notice of such
INSURANCE COMPANIES. 757
assessment, which notice shall be given in the manner pre-
scribed by the by-laws of said company, his, her or their Policy, when
policy shall be null and void, and of no effect until such V01d'
payment is made.
§ 12. The secretary may appoint a deputy, whose pow- Deputy.
ers shall be set forth in his certificate of appointment, and
entered upon the record books of said company.
§ 13. The records of said company shall be competent Records,
evidence in any suit between the corporation and a member
or members thereof.
§ 11. In all suits by or against said company, any mem- Suits,
ber thereof shall be a competent witness, except in suits in
which such member shall be a party in his individual capa-
city, provided he, she or they be not otherwise disqualified.
§ 15. When any property insured by this company shall insure property
be alienated, by sale or otherwise, the policy shall thereupon
be void ; but in such case it shall be lawful for such insured
to assign and deliver to the purchaser or purchasers such
policy of insurance, and such assignee or assignees shall have
all the benefits of such policy, and may bring and maintain
a suit thereon, in his, her or their own names : Provided, that Proviso,
before any loss happens, he, she or they shall obtain the
consent, in writing, of the said company to such assignment,
signified by indorsement on the back of said policy.
§ 16. If any alteration shall be made in any house or Alterations in
building by the proprietor thereof after insurance has been U1 u°°"
made thereon with said company, whereby it may be ex-
posed to greater risk or hazard from fire than it was at the
time it was insured, then, and in every such case, the insu-
rance made upon such house or building shall be void, un-
less an additional premium or deposit, after such alteration,
be settled with and paid to the directors of said company ;
but no alterations and repairs in buildings not increasing
such risk or hazard, shall in any way affect the insurance
previously made thereon.
§ 17. 1 n case any building or buildings situated upon Bunaing on
liii i'ii • i ii ii leased lands.
leased lands, and insured by said company, be destroyed by
fire, and the owner or owners thereof shall prefer to re-
ceive the amount of said loss in money, in such cases the
directors may retain the amount of the premium note given
for the insurance thereof until the time for which insurance
was made shall have expired, and at the expiration thereof,
the assessed shall have the right to demand and receive such
part of said retained sum or sums as has not been expended
in losses and assessments.
§ 18. The directors may divide the whole or any part Profits,
of the profits arising from the business of the company with
the parties insured, on such terms and conditions as they
may judge the interest and welfare of the company re-
quire.
75S INSURANCE COMPANIES.
Home office. § 19. This company shall establish a home office in the
city of Springfield, in the state of Illinois, and may do busi-
ness at any other place, by. agency. This act shall be void
unless the company organize within one year after its pas-
sage.
vacancy. § 20. All vacancies in the board of directors may be
filled by the remaining part of said board, from among the
members of said company.
Losses. § 21. The directors of said company shall settle and pay
all losses within three months after they shall have been no-
tified, in writing, by the party suffering, unless they judge
it proper, within the time named, to rebuild a house or
houses destroyed, or repair the damages sustained.
investment of § 22. The said company, through its officers or board
of directors, may invest, loan and employ the funds of said
company in such way and manner as they may judge the
interest and welfare of the company may require; but noth-
ing contained in this act shall be so construed as to author-
ize said company to perform any banking privilege, or to
issue any certificate of deposit.
Guarantee funds § 23. For the better security of the policy holders, the
said company may receive guaranty mortgages on real es-
tate, twice the value of the incumbrance, to be approved by
the board of directors, to any amount not exceeding four
hundred thousand dollars ; the makers whereof shall be paid,
in consideration of such guaranty, a compensation, to be de-
termined by the board of directors or executive committee
thereof, but not to exceed one per cent., par annum ; such
notes or mortgages shall be entitled to representation in the
election of directors in the ratio of one vote for every one
hundred dollars, and shall be liable for the losses and ex-
penses of said company whenever the cash premiums and
premium notes are insufficient to pay the same ; and assess-
ments made on such capital shall be reimbursed from the
funds of the company before any dividends of profits shall
thereafter be made to the policy holders ; but there shall be
no assessment made upon the premium notes of said mem-
bers of this company for such reimbursement.
§ 24. This act shall be deemed a public act, and be in
force on and after its passage.
Approved February 16, 1865.
In force Feb. 15. AN ACT to incorporate the Prairie State Live Stock Insurance Company.
1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Solon
corporators. Burroughs, Thomas Johnston, William T. Dickson, John
INSURANCE COMPANIES. 759
R. Davis, J. T. Blaney, "W. B. Jenks, Joseph Martin,
Samuel Hallam, Charles H. Brown and J. E. Webster, and
their associates, successors and assigns, be and they are
hereby created a body corporate and politic, by the name
and style of the "Prairie State Live Stock Insurance Com- Name and style.
pany;" and by that name shall have and enjoy all the rights, Powers.
privileges and immunites which are necessary to accomplish
the purposes of this act ; but nothing contained in this act
shall authorize said company to engage in any banking
business, or to issue any notes to circulate as money or
currency.
§ 2. The said company shall have power to make insu- Risks of live
ranee and take risks on all kinds of live stock, and may
take any kind of risks that they may deem proper, and
charge and receive such premiums therefor as may be agreed
by and between the parties, either upon mutual or stock Classes of risks,
principle, and may use, invest or loan its capital or surplus
funds in such way and manner as the directors may judge
that the interest and welfare of the company require, at
such rates as private persons may legally do by the laws of
this state, and may divide the business or risks into two or
more classes, upon such conditions as may be regulated by
the by-laws.
§ 3. Said company may establish agencies either in or out Agents
of this state, and do all acts not inconsistent with the consti-
tution and laws of this state or of the United States, as may
seem necessary to carry out the full objects of this act, and
may make such by-laws, ordinances and resolutions as may
seem necessary or convenient for their regulation and gov-
ernment, and for the management of their affairs.
§ 4. Said company may sue and be sued, appear, prose- May defend.
cute and defend in any court or place whatsoever, and shall
be recognized as a corporation in all courts.
§ 5. This act shall be void unless the directors or a majority
of them, organize the company at Monmouth, in said state,
within one year from its passage; but the directors are
authorized to carry on and conduct the business of the com-
pany at any place in the state.
§ 6. This act shall be deemed a public act, and shall take
effect and be in force from and after its passage.
Approved February 15, 1865.
AN ACT to incorporate the Protection Insurance Company. la force
i860.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Henry
L. Bryant S. Corning Judd, John H. Piersol, Asaph Perry, corporators.
700
INSURANCE COMPANIES.
Seal.
Proviso.
George Chandler, Timothy S. Fitch, J. II. Hubbard,
Ephraim Gilmore and Henry M. Shepherd, and all such
persons as shall become stockholders, be and they are hereby
created a body corporate and politic, by the name and style
Name and style, of the u Protection Insurance Company." The corporation
may have a common seal, and power to appoint all such
servants and agents as it may deem necessary, and may
make and ordain and establish such, by-laws, rules and regu-
lations tor the management of its affairs as it may think
proper, not inconsistent with the laws and constitution of
the United States and the state of Illinois ; and again at its
pleasure, to amend, alter and appeal the same, and to have
process and enjoy all those rights, privileges and immunities
which are necessary for the transaction of an insurance
business, and to be recognized in all its rights and powers,
without pleading the same, in all the courts of the state of
Illinois : Provided, that if the corporation created by this
act shall not be organized within one year from the passage
thereof, this act shall be null and void.
Capital stock. g 2. The capital stock of this company shall be one
million of dollars, with power to increase the same to any
sum not exceeding five millions of dollars, by vote of the
majority in interest of the paid stock at the date of such
vote, which shall be divided into shares of one hundred dol-
lars each, and which shall be deemed personal property, and
transferal >le on the books of the company only under such
regulations as may be adopted by the company.
Directors. g 3, When a subscription to the capital stock of not less
than one hundred thousand dollars shall have been made,
and five per cent, thereof actually paid in cash, the subscri-
bing shareholders may meet and choose a board of nine
directors, in whom all the powers of the corporation, not
otherwise herein specially limited and provided, shall be
officers. vested. The board of directors may choose one of their
number a president and another a vice president, also a
secretary and a treasurer, and such other officers and agents
as they may deem necessary, and whose qualifications, duties
and compensation may be fixed and prescribed in the by-
laws, regulations and resolutions of the board of directors,
from time to time. The board of directors shall hold their
office for one year and until their successors are elected and
qualified ; the term of office of the secretary, treasurer and
other employees shall be fixed by the board of directors.
insurance. § 4. The said company shall have power to make insu-
rance against loss by fire on any and all kinds of property,
houses and fixtures, and to make insurances and take all and
any marine risks, and to take all risks and make insurance
of lives, and to fix, charge and receive such rates of premi-
um therefor as may be agreed upon between the parties,
and cause itself to be reinsured on any risks it may have.
INSURANCE COMPANIES. 761
§ 5. The corporation may declare dividends, but all Dividends,
dividends shall be applied in the payment of the capital
stock subscribed until the amount subscribed by each share-
holder shall have been paid .up in full, by the dividend
declared upon the stock, and so of the stock subscribed from
time to time, and the capital stock may be called in as may
be required by the by-laws. ■
§ 6. The company may invest any surplus capital or surplus capital,
other money on hand in any kind of stocks or other securi-
ties deemed safe, or in bonds and mortgages, or may loan
the same at any rate of interest not exceeding the rate
allowed by law. The company may own such real estate
as may be needful to transact its business, and may take,
hold, sell and convey such other real estate as it may be
necessary to secure any loan or debt due by judgment or
otherwise. In cases of loss exceeding the property and paid
stock of the company, each shareholder shall be liable to
the amount of unpaid stock due from each.
§ 7. Said company shall be located at Chicago, Illinois, Home office,
and ma}r establish agencies, and do all such acts by and Agencies,
through them, according to the powers herein granted, as
may be authorized by the bylaws and regulations. The
board of directors may fix, determine and prescribe in the
by-laws the manner of making applications, and the terms
and conditions of the policy, and the manner of adjusting
losses. The board of directors may prescribe the manner in
which the unpaid stock shall be secured.
This act shall take effect from its passage.
Approved February 14, 1865.
AN ACT to incorporate the Provident Insurance Investment Company. in force Feb. 14
1866.
Section 1. Be it enacted by the .People of the State of
Illinois, represented in the General Assembly, |That] Josiah
Lombard, Charles Holland, G. W. Updyke, George Bain, corporators.
C. W. Holder, Daniel Thompson, Isaac Underbill, C. J.
Gilbert, Dugold Stuart, AV. C. Watkins, John T. Lindsay,
John Bates, be, and they and all persons who may become
members, are hereby incorporated as a body politic and
corporate, by the name and style of "The Provident Life Name and styte.
Insurance and Investment Company," for the purpose of
carrying on the business of life and accidents insurance, at
Chicago, with the right to establish a branch office at Peo- Branch office,
ria, in the state of Illinois, and shall and may have per-
petual succession, and shall be capable, in law, of contracting Powers.
and being contracted with, and of suing and being sued,
pleading and being impleaded, answering and being an-
— 56
762
INSURANCE COMPANIES.
swered unto, in all courts whatsoever, either in law or
equity, in this state or elsewhere, and they and their succes-
sors shall and may have a common seal, and may change,
break, or alter, the same at their will and pleasure, and may,
also, from time to time, at any meeting of the directors, by
a majority of votes, as hereinafter provided, ordain, establish,
and put in execution such by-laws, ordinances, rules and
regulations, (the same not being contrary to this act or to
the laws of this state or of the Unite J States,) as may ap-
pear to them necessary or expedient for the management of
said corporation, its business and aifairs, and may, from
time to time, alter or repeal the same, or any of them ; and
shall, also, be, in law, capable of acquiring, by purchase,
lease, mortgage, or otherwise, and of holding, absolutely or
conditionally, any lands, tenements, real, or immovable es-
tate, and the same to sell, alienate, let, release, transfer or
proviso. dispose of, as to them may seem expedient : Provided, al-
ways, that nothing herein contained shall be considered as
permission to hold any real estate beyond what may be ne-
cessary to the said corporation to hold, for its own immedi-
ate accommodation, in relation to the convenient transaction
of it business, or such as shall have been bona fide mort-
gaged to it by way of security, or conveyed to it in satisfac-
tion of debts previously contracted in the course of its
dealings, or purchased at sales upon judgments, which shall
proviso 2. have been obtained for such debts. And, provided, also,
that it shall not be lawful for the said corporation to deal, or
use, or employ, any part of the stock, funds or money thereof
in buying or selling any goods, wares, or merchandise ; but
it shall be lawful, nevertheless, for the said corporation to
purchase and hold, for the purpose of investing therein, any
part of their funds or money, any of the public securities
of this state or the United States, the stocks of any of the
banks or other chartered companies, and the bonds and de-
bentures of any incorporated cities or towns or municipal
Proviso 3. divisions ; and, also, to sell and transfer the same : And, pro-
vided, farther, that the said corporation shall be bound to
sell or dispose of any real estate, so purchased or conveyed
to them, (except such as may be necessary, as aforesaid, for
the convenient transaction of their business,) within five
years after acquiring the same.
3aPitai stook. § 2. The capital stock of the said corporation shall, un-
til otherwise determined by the board of directors for the
time being, consist of the sum of five hundred thousand
dollars, which may be increased at any time, by a resolution
of the board of directors, to a sum not exceeding one million
of dollars, the same divided into shares of one hundred dol-
lars each ; certificates to be issued therefor, as the directors
subscription, shall determine, and. all subscriptions to said capital
stock shall be paid to the company, in such installments
and at such times and places as the directors shall appoint,
INSURANCE COMPANIES. 763
after thirty clays' notice given by circular letters, addressed
through the post office, to the subscriber or subscribers,
shareholder or hareholders ; and if any shareholder or sub-
scriber, for the space of ten days next ensuing after the ex-
piration of the thirty days, shall neglect or refuse to pay his
ratable share, it shall be lawful for the directors to declare
the share or shares of such shareholder forfeited to the com-
pany, and all previous payments made upon such share or
shares and such forfeited stock, may be sold at a public sale, shares, when
by the directors, after giving notice as they may direct.
§ 3. So soon as twenty-five hundred shares of the capi- To act when or-
tal stock have been subscribed for, and ten per cent, thereof, £
in cash, having in good faith been first paid into the treas-
ury of the company, this the said corporation shall have
power and legal authority to make contracts of assurance
with any person or persons, bodies politic or corporate, upon
life or lives, or against accidents by railways or marine
travel or any other accident or accidents ; to grant or sell
annuities, either for lives or otherwise and on survivorships,
and to purchase annuities, to grant endowments for children
or other persons, and to receive investments of money for
accumulation, to purchase contingent rights, whether of re-
version, remainder, annuities, life policies, or otherwise, and,
generally, to enter into any transactions dependent upon
the contingency of life, including reassurance or reinsu-
rance.
§ 4. The business of the said corporation shall be con- Directors,
ducted by a board of twelve directors, one of whom shall be
ctiosen president, one vice president, and a finance commit-
tee of three, all to serve for one year, or until their succes-
sors are chosen.
§ 5. An annual meeting of the shareholders of the com- Annual meet-
pany or corpovation,. shall be holden at the office of the ing8'
company, on the first Tuesday in July, in each year ; and
at such meeting the six directors, whose names stand first
on the secretary's list of directors, shall be held to vacate
their seats, but shall be eligible to re-election ; and the Directors,
shareholders present shall proceed to elect, by ballot, six
shareholders, to serve as directors for the ensuing year, who
shall, upon election, be placed at the bottom of the roll or
list of directors ; and, to render a shareholder eligible to
the office of director, he shall hold, in his own name, not
less than ten shares of stock of the said corporation.
§ 6. At the annual meeting and all special meetings of Proxy vote.
the company or corporation, each shareholder of the corpo-
ration shall be entitled to cast one vote for every share he,
she or they may hold ; and every question shall be decided
by a majority of the votes cast. Absent members may vote
by proxy.
§ 7. Two hundred shares of stock of this said corpora- Quorum,
tion, represented at any annual or special meeting of the
76i
INSURANCE COMPANIES.
corporation, shall constitute a quorum for doing business,
provided six or more shareholders shall be present at such
meeting.
Adjournment?. § 8. Every meeting of the stockholders may be ad-
journed, from time to time, and no business shall be trans-
acted at any adjourned meeting other than the business left
unfinished at the meeting from which said adjournment took
proviso. place : Provided, always, that it shall and may be lawful
for the directors to submit, at any meeting, whether ordi-
nary or extraordinary, the interim regulations agreed on by
the directors,
vacancies. g 9# Jf anv director of the said company die, resign, or be
come disqualified or incompetent to act as a director, or cease
to be a director by any other cause than that of going out of
office in rotation, as aforesaid, the remaining directors, if
they think proper so to do, may elect in his place any stock-
holder duly qualified to be a director ; and the stockholder
so elected to fill up any such vacancy shall continue in office
until the first yearly meeting after such vacancy ; and the
stockholders then present shall elect a new director, who
shall hold office fur the same period as the director would
have done whose death, resignation, or disqualification
caused the vacancy.
§ 10. And, with respect to the exercise of the powers of
the company, be it enacted, that the directors shall have the
management and superintendence of the affairs of the com-
pany ; and they may lawfully exercise all the powers of the
Further powers, company ; and, amongst other powers to be exercised by
the directors, they may use and affix, or cause to be used
or affixed, the seal of the company to any document or
paper which, in their judgment, may require the same; they
may fix the salaries of all officers ; they may make and en-
force the calls upon the shares of the respective stockholders ;
they may declare the forfeiture of all shares on which such calls
are not duly paid ; they may appoint the times and places of
holding regular and special meetings ; they may allot and
divide among the assurers, upon the participation scale, so
much of the profits realized from that branch, and at such
times as they may think fit; and may, also, declare and
cause to be paid or distributed to the respective stockhold-
ers any dividend or dividends of profits, in proportion to the
shares held by them, at such times and seasons as they shall
think proper, or add the same to the paid up portion of the
capital stock; they may make any payments, and entering
all contracts fur the execution of the purposes of the company,
and do and perform all other matters and things necessary
or com- for the transaction of its affairs ; they may generally deal
with, treat, sell and dispose of and exercise all other acts of
ownership over the lands, property and effects of said com-
pany, for the time being, in such manner as they shall deem
expedient and conducive to the benefit of the company ;
Dividends
Effects
pany.
INSUKANCE COMPANIES. 765
thev may, from time to time, appoint and displace all such Appoint and re-
„.J J ' T\ l 11 1 • 'j. X' move officers.
officers, agents or servants as they snail deem requisite lor
the management and care of the property and affairs, or for
tiie efficient exercise of the powers of the said company ;
they may make by-laws for the regulation of the affairs of
the company ; but all the powers so to be exercised shall be
exercised in accordance with and subject to the provisions of
this act in that behalf; and the exercise of all such powers
shall be subject, also, to the control and regulation of any
general meeting, specially convened for the purpose, but
not so as to render invalid any act done by the directors
prior to any resolution passed by such general meeting.
§ 11. All policies, contracts, securities and deeds of the Policies and
company shall be signed by the president, or, in his absence, signed,
the vice president, and | countersigned] by the secretary,
and sealed by the company's seal, excepting tickets issued
by the company, upon which the secretary's signature shall
be sufficient.
§ 12. The directors shall hold regular meetings at the Monthly and
office of the company, on the lirst Tuesday of each and HIT* mee
every month ; and special meetings of the board may be
convened by the call of the president and secretary, at any
time, and four directors present shall be necessary to con- Quorum,
stitute a quorum for the transaction of business ; and all
questions shall be determined by a majority vote. The
president, or, in his absence, the vice president, or, in his
absence, the chairman of the finance committee, shall pre-
side at all meetings of the corporation or board of directors.
§ 13. The shares of the said capital stock shall be trans- shares transfer-
ferable, and may be, from time to time, transferred by the
respective persons so subscribing or holding the same : Pro- rroviso.
vided, always, that no such transfer shall be valid until
sanctioned and approved of by the transfer agent appointed
by the directors and duly registered in a book or books, to
be kept for that purpose by the transfer agent : And, pro-
vided, also, that after any call has been duly made, as aforesaid,
no person shall be entitled to sell or transfer any share he
may possess until he shall have paid all calls for the time
being due on any share held by him.
§ 11. In all actions or suits for the recovery of arrears Actions and
or calls, it shall be sufficient for the company to allege that SUIts'
the defendant, being an owner of such shares, is indebted
to the said company, in such sums of money as the calls in
the arrears amount to for such and so may shares whereby
an action hath accrued to the said company by virtue of
this act, and, on the trial, it shall be only necessary to prove
that the defendant was owner of some shares in the under-
taking, and that such calls were in fact made, and that no-
tice was given, as directed by this act, and it shall not be
necessary to prove the appointment of the directors who
made such call, nor any other matter whatsoever.
'QQ INSURANCE COMPANIES.
Yearly state- § 15. The directors shall cause to be yearly prepared a
statement, sworn to by the president and secretary of said
company, and submitted to the stockholders at the regular
meeting a full and correct statement of the accounts of said
company, the receipts and expenditures of the past year,
the number of the policies issued, the amount covered by
poheies in force, together with a general abstract of the es-
timated liabilities and assets of the company, a copy of
which statement, under the hand of the finance committee,
shall be transmitted to every shareholder, and to the several
branches of the legislature.
secretary may £ ±q jn a[[ actions, suits and prosecutions in which the
be witness. .« . ' . x . .
said company may be at any time engaged, the secretary or
other officer of the said company shall be a competent wit-
ness, notwithstanding any. interest he may have therein.
§ 17. This act is hereby declared to be a public act, and
shall be liberally construed for any purpose herein contained
Proviso. and shall be in force from and after its passage : Provided,
that if the corporation Hereby authorized to be created shall
not organize within one year after the passage of this act,
the rights and privileges herein granted shall cease.
Approved February 13, 1865.
In force Feb. 16, AN ACT to incorporate the Relief Insurance Company.
1SC5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Loyal L.
corporators. jMuini, Charles L. Currier, Oscar V. Munn, Thomas J.
Turner, George F. DeForest, Esrom Mayer, J. W. Shaffer
and liobert U. Currier, and their associates and successors,
and all such persons as shall become stockholders, be and
they are hereby created a body corporate and politic, by
Name and stj-ie. the name and style of the "Belief Insurance Company, of
Freeport," and as such corporation shall have perpetual suc-
powers. cession, and shall have power to sue and be sued, plead and
be impleaded unto, answer and defend in any and all the
courts of law and equity in this state; and said corporation
seal. may have a common seal, which they may alter and change
at pleasure ; and may make, ordain and establish such by-
laws, rules and regulations for the management of its affairs
as it T.ay think proper, not contrary to the laws of this state
or of the United States, and may, at its pleasure, amend,
alter and repeal the same.
capital stock. § 2. The capital stock of this corporation shall be one
hundred thousand dollars, and be divided into shares of one
hundred dollars each ; but this corporation shall be entitled
to enjoy all its franchises whenever fifty thousand dollars
shall be subscribed and ten per cent, is paid in cash, the
INSURANCE COMPANIES. 767
balance to be secured to the satisfaction of the board of
directors by mortgage on real estate, United States bonds,
or bonds of this state or National banks ; no mortgage to be
taken for more than two-thirds of the ' cash value of any
real estate. The capital stock of this corporation may be capital in-
increased to the further sum of one million dollars, at the erea3e '
discretion of a majority of the board of directors of said cor-
poration.
§ 3. The persons named in the first section of this act Director*,
shall be the first board of directors, and hold their office
until the first annual election for directors. The corpora-
tion hereby created shall have power to make insurance
against accidents of all kinds, whether by railway or other-
wise, whether said accidents be fatal or non-fatal, both upon
persons and upon live stock, or property of any description,
and charge and receive such premiums therefor as may be
agreed upon by and between the parties, either upon the
mutual or stock plan, or both, and may cause themselves to
be reinsured against any risk on which they have made in-
surance, or any part thereof.
§ 4. Suits at law may be maintained by this company suits,
against any of its members, or stockholders, and suits may
also be maintained by any member or stockholder against
this company.
§ 5. At the election for directors each stockholder shall Proxy votes,
be entitled to one vote for each share of stock held by him,
her or them, either in person or by proxy, and the directors
shall be stockholders and residents of this state. The direc- vacancy,
tors shall have power to fill any vacancies in the board of
directors, whether caused by death, removal or refusal to
act for the space of three months; and the business of this
corporation shall be managed by a board of directors of not
less than five nor more than forty, and a majority shall form Quorum.
a quorum, unless their number be over thirteen, but when
it consists of a larger number, seven shall form a quorum
for the transaction of business. The home office of said Home office,
company shall be opened in the city of Freeport, but said
company may establish agencies at such other places as they Agencies.
may deem expedient, and may open their office for the issu-
ing of policies, or the sale of tickets, in any other city in
this state, and may extend their business to any other state
or country. The directors shall elect from their number a officers,
president, vice president and treasurer, who shall hold their
offices for one yea*', or until their successors are elected and
qualified ; and they may appoint such other officers and
agents as they may deem expedient, and m iy do and trans-
act all such things as may be necessary to carry into full
effect the purposes and intentions of this act. The annual Annual election,
election for directors shall be held on the first Monday in
January in each year, or at any such other time as the direc-
tors may appoint.
768 INSURANCE COMPANIES.
stock deemed § 6. The capital stock of the corporation shall be deemed
persona pro- personai pr0perty? and transferable only upon the books of
the corporation, and no stockholder shall be permitted to
transfer his, her or their capital stock while he, she or they
are indebted to the corporation.
policies. g 7# The said corporation may issue policies for such
length of time, and such amounts as may be agreed upon
and specified in their several policies, or they may sell
tickets for trips or for a specified length of time, for such
sum or sums as may be agreed upon. The conditions,
printed or written upon any policy or ticket, shall be bind-
ing upon the parties receiving them, and any policy or
ticket that shall have been paid for and signed by the presi-
dent or vice president, and countersigned by the secretary
of said corporation, shall be binding upon said company,
according to the terms and conditions expressed in writing
or printing in such policies or tickets.
Hold real estate. g g_ gaj<j corporation may purchase and hold such real
estate as may be convenient tor the transaction of its busi-
ness, and also may have and hold any real estate as security,
by mortgage or otherwise, to secure the payment of debts
due in good faith to said company, either for shares of capi-
tal stock or otherwise ; also, to purchase real estate at any
sale in virtue of any judgment at law, decree in equity, or
deeds of trust in favor of said company ; and to invest and
employ the funds and property of said corporation in United
States stocks or stocks of this state, or in stocks or bonds,
Notice of acci- 0r orders of any city or county in this state. It shall be the
dents
duty of any one meeting with an accident, non-fatal, to no-
tify the secretary of the said company without delay, and
if fatal, the party or parties interested must notify said offi-
cer as soon as the circumstances will permit.
§ 9. This act shall be and is hereby declared to be a
public act, and shall be construed liberally for all the pur-
poses therein granted, and shall take effect and be in force
from and after its passage.
Approved February 16, 1865.
In force Feb. 15, AN ACT to incorporate the Republic Insurance Company of Chicago.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That C. B.
corporators. Farwell, Lyman Blair, B. W. Phillips, C. R. Vandercork
and Simeon Farwell, and their associates, successors and
assigns, be and hereby are created a body corporate and
Name and style, politic, under the name and style of the "Republic Insu-
rance Company, of Chicago, Illinois," and by that name
INSURANCE COMPANIES. 769
shall have and enjoy all the rights, privileges and immuni- Rights and privi-
ties which are necessary to accomplish the purposes of this leees'
act, and be recognized in all courts of justice and equity in
this state, for the term of fifty years from the passage of this
act : Provided, that if the corporation created by this act Proviso,
shall not organize within one year from the passage thereof,
then this act shall become null and void.
§ 2. Tne capital stock of said corporation shall be one capital stock,
million dollars, and may be increased to not exceeding five
million dollars, at the discretion of the stockholders, and
shall be divided into shares of one hundred dollars each,
which shall be considered personal propert}\ and be assign-
able and transferable only on the .books of the company,
under such regulations as the directors may establish.
§ 3. \V hen the said party and their associates shall have when to organ-
subscribed one hundred thousand dollars, and shall have
paid in five dollars on each share, as a company fund, and
organized by choosing three or more directors, and those Directors,
directors shall have chosen one of their number president, officers,
and appointed a secretary and treasurer, and filed a certifi-
cate of the same, under the seal of the company, signed by
their president and secretary, in the office of the clerk of
the city of Chicago, it shall be deemed fully organized and
enjoy all the powers herein conferred.
§ 4. Said corporation shall have power to make and put By-iaws.
in execution all such by-laws and regulations as they may
deem proper for the well ordering of its affairs, provided
they be not repugnant to the laws of the United States or
of this state.
§ 5. The said corporation shall have full power and au- To take "au-
thority to take risk and make insurance on vessels, and all
property laden aboard thereof, upon houses and other build-
ings, and the furniture, and of the goods therein, and upon
all other legal subjects of insurance, and to do all other acts
and things necessary and incident to the transaction of a
marine and fire insurance business, either upon the mutual
or stock plan, or both, and to loan their surplus or unem-
ployed capital or money, on personal, real, or other securi-
ties, at such rate of interest as may be done under the ex-
isting laws of this state, or invest the same in stocks ; they
may also cause themselves to be insured or reinsured against
all or any risk upon which they may have been insured, and
also upon all property of every kind, or any interest therein
owned, or held by them as security or otherwise.
§ 6. The real and personal property of each individual stock Habie for
stockholder shall be held liable for any and all losses and
liabilities of the company, to the amount of the stock sub-
scribed or held by him and not actually paid in. In all
cases of losses exceeding the means of the corporation, each
stockholder shall be liable to the amount of unpaid stock
held by him.
770
INSURANCE COMPANIES.
Ilome office and
agents.
Annual election.
Vacancy.
§ 7. The business of the company shall be carried on in
the city of Chicago, and elsewhere by agencies, as the direc-
tors shall direct.
§ 8. The stock and affairs of said corporation shall be
managed by three or more directors, who shall be stock-
holders of said corporation; they shall, after the first year,
be elected annually, and shall hold their offices until others
shall be chosen to supply their places. Ten days' notice
shall be given of such election to each stockholder, by pub-
lic 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 filled by the board of directors, or by elec-
tion by the stockholders, due notice being given.
§ 9. This act shall be and is hereby declared to be a
public act, and the same shall be construed liberally for the
purposes herein granted, and shall take effect and be in force
from and after its passage.
Approved February 15, 1865.
In force Feb. 15, AN ACT to amend "An act incorporating the Rock Island Insurance Com-
18G5- pany," approved February 22, 1861.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Name changed, name of the Rock Island Insurance Company be and the
same is hereby changed to that of " The Mississippi Valley
Insurance Company of Rock Island," and that the capital
capital stock, stock of said company shall be divided into shares of one
hundred dollars each, and that when there shall have been
subscribed and paid in of said capital stock the sum of one
hundred thousand dollars, as provided in sections two and
five of the act to which this is an amendment, said company
may commence doing business, and may issue policies either
upyn the stock or mutual plan, or both, and for any term of
years, not exceeding ten ; and, in addition to the authority
in said original act given to take risks, may also insure
against losses and damage by fire, lightning, wind and
tornadoes.
Directors. § 2. The business of said company shall be managed by
a board of directors, of not less than five nor more than
forty, who shall be members of or stockholders in said com-
officers. Pany; and they shall elect from their number a president,
vice president, secretary, and treasurer, whose respective
duties shall be prescribed by the by-laws of said company,
and every person insured by said company in the mutual plan
shall be deemed a member thereof during the continuance in
INSURANCE COMPANIES. 771
force of his policy and no longer, and shall be allowed one
vote in the election of directors for each policy so held.
§ 3. The said company may receive premium notes from Premium rates
. i ° . -, l . , . ,. ,. . -i l ■ i for policies.
the insured as part consideration tor policies issued, winch,
shall be paid at such time or times and in such sum or sums
as the directors may require ; and the directors of said com-
pany may levy an assessment on said premium notes, for
any sum and at any time they may deem it necessary, for
the payment of losses and expenses of said company; and
the members of said company shall be and are hereby
bound to pay their proportion of all losses and expenses
happening and accruing during the time for which their pol-
icies were issued, to the amount of their premium notes,
and no more.
§ 4. Whenever any assessment shall be made upon any Assessments.
premium note, as aforesaid, and the maker thereof shall neg-
lect and refuse to pay the amount of said assessment after
thirty days' notice thereof, to be served as may be prescribed
by the by-laws of said company, the policy for which such
premium note was given may be declared null and void by
the secretary of said company, during the time such assess-
ment remains unpaid, and an action at law may be brought
for the recovery of the whole amount of such premium
note; and in case an action is brought for the recovery of
an assessment duly levied, as aforesaid, the certificate of the
secretary of said company, stating that such assessment has
been made, and the amount thereof, shall be taken us prima
facie evidence of such facts in all courts and places what-
ever.
§ 5. All statements made in any application for insu- Applications,
ranee in this company, shall be binding upon the insured
and a warranty upon his, her or their part.
§ 6. This act shall be in force from and after its passage,
and shall be deemed a public act.
Approved February 16, 1865.
AIn ACT to incorporate the Rock Island Mutual Insurance Companv. In force Feb. 16,
1S65.
Section I. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from the
time this act shall take effect L. E. Hemenway, C. O. JSrason, corporators.
C. H. Deere, Z. Truesdel, and C. H. Dibbers, and all other
persons who may hereafter associate with them, in the man-
ner herein prescribed, shall be a body politic and corporate,
by the name and style of "The Rock Island Mutual Insu- Name and style,
surance Company ;" and by that name may sue and be
sued, appear, prosecute and defend in any court of record
72
INSURANCE COMPANIES.
Directors.
Officers.
or other court or place whatsoever; may have and use a
common seal and alter and renew the same at pleasure; may
purchase and hold such real and personal estate as may be
necessary to effect the objects of their corporation and associ-
ation and sell and convey the same at pleasure; may make
and establish such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may seem necessary or convenient for their
regulation or government and for the management of their
affairs, and do and execute such acts and things as may
be necessary to carry into effect the purposes of this act.
§ 2. All persons who shall at any time bo insured in
this company shall be members thereof during the con-
tinuance in force of their respective policies, and no longer,
and shall at all times be bound by the provisions of this
act.
§ 3. The affairs of said compay shall be managed by a
board of directors, to consist of five members. Said direc-
tors shall be chosen by ballot from among the members of
said company; and a majority of the board shall constitute
a quorum for the transaction of business.
| 4. The board of directors shall elect a president, sec-
retary and treasurer, who shall hold their respective offices
for one year, or longer, as may be prescribed by the by laws
of said company, and until others are chosen in their places.
Subordinate officers, agents and examiners may be ap-
pointed by and in the manner prescribed by the by-laws of
said company.
§ 5. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
wind and the risks of inland navigation and transportation,
and may cause themselves to be reinsured upon the whole
or any part of any risk on which they may have made
insurance.
§ G. The rates of insurance shall be fixed by the board
of directors of said company. Premium notes may be re-
ceived from the insured, which shall be paid at such time
or times and in such sum or sums as the directors shall
require for the payment of losses and expenses. Any
person applying for insurance may pay a definite sum
of money in full for said insurance and in lieu of a pre-
Guarantee capi- mium note. The cash premiums together with the pre-
mium notes shall constitute the capital stock of said com-
pany, which may be increased by a guarantee capital, as
hereinafter provided.
Assessments. § 7. The directors of said company may levy an assess-
ment upon the premium notes at any time they may deem
it necessary, for the payment of losses and expenses.
Losses. § 8. The members of said company shall be and are
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
Insurance.
Rates of insur
ance.
INSURANCE COMPANIES. 773
their policies were issued and in force and to the amount of
their premium notes, and no more.
§ 9. Whenever applications for insurance to the amount organization.
of twenty thousand dollars shall have been made, said com-
pany may proceed [to] organize, as herein provided.
§ 10. Whenever any assessment is made upon any pre when policy to
mium notes given to said company, and the maker thereof l
shall neglect or refuse to pay the amount claimed by said
company, for the space of sixty days after the notice of such
assessment, (which notice shall be given in a manner pre-
scribed by the by-laws of said company,) his, her or their
policies shall become null and void and of no effect until
such assessment is paid, and action may be brought at law
for the whole amount of premium note; and in case an ac-
tion is brought for the recovery of any assessment due said
company, the certificate of the secretary of said company,
stating the amount of such assessment, shall be taken and
received as prima facie evidence in all courts and places
whatsoever.
§ 11. The business of sail company shall be carried on II(me office-
at such place in the city of Rock Island as the directors may
determine, and at such other places, by agency, as said Agencies.
company may elect.
§ 12. The persons named in the first section of this act Annual election,
shall be and they are hereby constituted aboard of directors
for said company, to serve as such until others are chosen.
The directors of said company shall be elected on the third
Monday of February of each year; and such election shall
be held at the office of said company at such hour of the
day as the directors of said company may appoint. Such
election shall be made by a plurality of the votes of the
members present, or their proxies, allowing one vote for
each mutual policy held and in force or share of guarantee
stock held. The by-laws of said company shall provide a Proxy votes.
form for the appointment of proxies, and specify the evi-
dence that may be required of the execution thereof. And
all vacancies which may occur in said board, by any cause,
may be filled by the remaining members of said board.
§ 13. The board of directors may appoint an executive Executive com-
committee, to consist of three directors, who shall possess mittee'
all the powers of the board of directors, when the board is
not in session.
§ 11. All meetings of the board of directors and execu- Meetings.
tive committee to be called in the manner prescribed by the
by-laws of said company.
§ 15. This company shall have power to issue policies Ten year policy.
for any term, not exceeding ten years.
§ 16. If it shall so happen that the election of directors Elections,
of said company shall not be held on the day when, pursuant
to this act it ought to have been made or hejd, this company
for that cause shall not be deemed dissolved, but it shall be
774: INSURANCE COMPANIES.
lawful on any other day to make and hold an election, notice
of which shall be given in a manner prescribed by the by-
laws of said company.
Deputy. § 17. The secretary of said company may appoint a
deputy, whose powers shall be set forth in his certificate of
appointment and entered upon the record books of said
company.
Adjustments. § is. The directors shall settle and pay all losses within
three months after they shall have been notified, unless they
shall judge it proper, within the time to rebuild the house
or houses destroyed or repair the damages sustained, which
they are empowered to do within said three months.
Guarantee bonds g io# Yoy the better security of the policy holders, the
said company may receive guarantee mortgages on real
estate, twice the amount of incumbrance, in United States
or this state bonds, or national bank stock , to be approved
by the board of directors or by the executive committee
thereof, to the amount of one hundred and fifty thousand
dollars ; the makers whereof shall be paid, in consideration
of such guarantee, a compensation, to be determined by the
board of directors or executive committee, but not to exceed
one per cent., per annum, in lieu of dividends. Such guaran-
tee stock shall be entitled to representation in the election
of directors, in the ratio of one vote for every one hundred
dollars, and shall be liable for the losses and expenses of
the company, whenever the cash premiums and premium
notes are insufficient to pay the same. Scrip certificates
may be issued for such guarantee fund, transferable only on
the books of the company.
Notice ofios?. § 20. In case of any loss or damage by fire happening
to any member upon property insured in and with said
company, the said member shall give notice thereof, in
writing, to the directors, or to some one of them, or to the
secretary of said company, within thirty days from the time
such loss or damage may have happened, and the directors,
upon a view of the same, or in such other way as they may
deem proper, shall ascertain and determine the amount of
said loss or damage ; and if the party suffering is not satis-
fied with the determination of the directors, the question
may be submitted to referees, or the said party may bring
an action against said company for said loss or damage.
scions. § 21. In case an action is brought for the recovery of
any assessment due said company, the certificate of the
president or secretary of said company, under the seal of
the said company, stating the amount of such assessment,
shall be taken and received as jprima facie evidence in all
courts and places whatsoever. The records of said com-
pany, or copies thereof, duly authenticated by the signature
of the president or secretary, under seal of the company,
shall be competent evidence in any suit in which said com-
pany may be a party.
INSURANCE COMPANIES. 775
§ 22. In case any member of this company shall sell, Assignment,
convey or mortgage the property insured by him, it shall be
lawful for such member to assign and deliver to the purcha-
ser or mortgagee his policy of insurance, and such assignee
shall have all the benefit of such policy : Provided, that be- Proviso.
fore any loss happens, he shall obtain the consent of the
directors to such assignment, to be certified upon said policy
by the secretary of said company ; and said company shall
not be liable for any loss or damage which may happen to
any property, after such sale or incumbrance, without the
consent of the directors to such assignment ; and the direc-
tors may, in case of a sale of property insured, require the
surrender of the policy, and shall return to the insured his
deposit note, after deducting his just proportion of all expen-
ses and losses prior to such surrender. Unless the said To be organized
company is fully organized within one year after the pas- m one year*
sage of this act, then this act shall be null and void.
§ 16. This act shall be deemed a public act and be lib-
erally construed for the purposes therein mentioned, and be
in force from and after its passage.
Approved Feb. 16, 1865.
AN ACT to amend the charter of the Rock River Insurance Company. In force Feb. 16,
r J 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the num-
ber of directors of the Rock River Insurance Company may Directors,
be any number, not less than five nor more than fifteen, as
may be determined by the by-laws of said company.
§ 2. All notes taken by said company, may be made Notes payable.
payable at such time or times and in such manner as may
be agreed upon; and the said company is authorized to con-
tinue the business of insurance for the term of twenty years,
from the termination of the present charter.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Safety Insurance Company of Chicago. *° forc? Feb. 16,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Wesley
Hunger, Henry W. King, George F. Rumsey, Henry W. corporators.
776
INSURANCE COMPANIES.
Nams and style
Seal.
By-laws.
Capital stock
Shares of stock.
Directors,
chosen.
Vacancy.
Term of office.
Insurance.
Hinsdale, S. L. Barret, Calvin, T. Wheeler, Clinton Brings,
and John Tyrrell, their associates and successors, and all
such persons as shall become stockholders, be and they are
hereby created a body corporate and politic, by the name
and style of the " Safety Insurance Company." The cor-
poration may have a common seal, and power to appoint all
such servants and agents as it may deem necessary, and
may make, ordain and establish such by-laws, rules and
regulations, for the management of its affairs, as it may think
proper, not inconsistent with the laws and constitution of
the United States and the state of Illinois ; and again, at its
pleasure, to amend, alter and repeal the same, and to be
recognized in all its rights and powers, without pleading
the same, in all the courts of the state of Illinois.
§ 2. The capital stock of this company shall be two
hundred thousand dollars, with power to increase the same
to any sum not exceeding one million of dollars, by a vote
of a majority in interest of the paid stock at the date of
such vote, which stock shall be divided, into shares of one
hundred dollars each, and which shall be deemed personal
property and transferable on the books of the company
only under such regulations as may be adopted by the
company.
when § 3. When a subscription to the capital stcck of not less
than one hundred thousand dollars shall have been made,
and five per cent, thereof actually paid in cash, the subscri-
bing shareholders may meet and choose a board of directors
of not less than five, in whom all the powers of the corpo-
ration not otherwise herein specially limited and provided,
shall be vested. The board of directors may choose one of
their number a president and another a vice president ; they
may also appoint a secretary and treasurer, and such other
officers and agents as they may deem necessary, and whose
qualifications, duties and compensation may be fixed and
prescribed by the board of directors from time to time.
The board of directors shall hold their offices for one year
and until their successors are elected and qualified. The
directors shall also have power to fill all vacancies which
may occur in the board during the year. The term of office
of the secretary, treasurer and other employees, shall be
fixed by the board of directors. The home office of this
corporation shall be in the city of Chicago, Cook county,
Illinois.
§ 4. The company shall have power to make insurance
against loss by fire on any and all kinds and all kinds of
property, houses and fixtures ; to make insurance and take
any and all marine risks, and to fix, charge and receive such
rates of premium therefor as may be agreed upon between
the parties ; and any or either of the risks and insurance,
fire and marine may be done upon the mutual or stock
principle, or upon both together.
INSURANCE COMPANIES. 777
§ 5. The corporation may declare dividends, but all Dividends,
dividends shall be applied in. payment of the capital stock
subscribed, until the amount subscribed by each shareholder
shall have been paid up in full by said dividends and by the
amount of capital before paid in, and so of the stock sub-
scribed from time to time, and the capital stock may be
called in as required by the directors.
§ 6. The company may invest any surplus capital or surplus funds,
other money on hand, in any kind of stocks or other securities
deemed safe, or in real estate, bonds and mortgages, or may
loan the same at any rate of interest, not exceeding ten per
cent., and may discount the interest reserved out of such loan.
The company may own such real estate as may be deemed
needful to transact its business, and may take, hold, sell and
convey such other real estate as may be necessary to secure
any loan or debt due by judgment or otherwise ; in all cases Losses.
of loss exceeding the property and paid stock of the com-
pany, each shareholder shall be liable on the amount and
to the amount of unpaid stock due from each.
§ 7. The company may establish agencies, and do all Agencies.
such acts by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine and Applications,
prescribe in the by-laws the manner of making applications,
and the terms and conditions of the policy, and the manner
of adjusting losses ; the board of directors may prescribe unpaid stock.
the manner in which the unpaid stock shall be secured :
Provided, nothing herein contained shall be construed as Proviso,
giving to said company any power to do banking business.
§ 8. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1865.
AN ACT to amend an a ct entitled " An act to incorporate the Sangamo in force Feb. 14
Insurance Company." 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That if any
stockholder, or subscriber to stock in said company shall, when stock may
for the space of sixty days, neglect or refuse, after being duly
notified for that purpose, to pay in any installment due from
him for such stock, in manner directed and required by the
board of directors. The said board shall be authorized to
sell stock of such stockholder or subscriber at public auction,
giving at least thirty days1 public notice of such sale, and the
surplus money, the avails of such sale, after deducting the
payments due and interest thereupon, and the necessary
—57
778 INSURANCE COMPANIES.
expenses of sale, shall be paid over to such delinquent
stockholders, the purchaser of such stock shall be liable,
unless the company shall be the purchaser thereof, for so
much of said stock as shall remain uncalled for at the time
r-roviso. of his purchase: Provided, however, that nothing herein
contained shall prevent said company from suing for and
recovering of the stockholders the amount of calls upon
their stock by action of debt or assumpsit.
§ 2. This act shall take effect from and after its passage,
and be deemed a public act.
Approved February 15, 1865.
In force Feb. 16,
1865.
AN ACT to incorporate the Star Insurance Company.
Powers.
Section 1. Be it enacted by the People of the State of
Illinois, represented^ in the General Assembly, That from the
corporators. time this act shall take effect Winfield S. Wilkinson, Addi-
son Farrington, Charles J. Johnson, John G. Price, Fred-
erick Sackett, Charles Smith and Anson L. Dayton, and all
other persons who may hereafter associate with them in the
manner hereinafter prescribed, shall be a body politic and
Name and style, corporate, by the name and style of the " Star Insurance
Company;" and by that name may sue and be sued, appear,
prosecute and defend in any court of record or other court
or place whatsoever ; may have and use a common seal,
and alter and renew the same at pleasure ; may purchase
and hold such personal and real estate as may be necessary
to effect the object of their association, and sell and convey
the same at pleasure : Provided, such real estate shall not
exceed fifty thousand dollars in value ; may make, establish
and put in execution such by-laws, ordinances and resolu-
tions not being contrary to the laws of this state or of the
United States, as may seem necessary or convenient for
their regulation and government and for the management
of their affairs, and do and execute all such acts and things
as may be necessary to carry into effect the purposes intended
in this act.
§ 2. All persons who shall at any time be insured in
this company shall be members thereof during the contin-
uance in force of their respective policies and no longer,
and shall at all times be bound by the provisions of this act.
§ 3. The affairs of this company shall be managed by
a board of directors, to consist of not less than five nor more
than twenty-one members, as may be regulated by the by-
laws of said company; said directors shall be chosen by
ballot from among the members of this company, and a
Qaorum. majority of the whole board shall constitute a quorum for
Directors.
INSURANCE COMPANIES. TT9
the transaction of business until such board shall consist of
more than seven members, after which time five members
of the board shall constitute a quorum for the transaction
of business, having the same power that a majority of the
whole board would have : Provided, the president, secretary Proviso.
and treasurer shall constitute three of said five.
§ 4. The board of directors shall elect a president, vice officers,
president, secretary and treasurer, who shall hold their
respective offices for one year, or until others are chosen.
The board of directors may also appoint an executive com-
mittee from among their own members, and such committee,
when the board is not in session, may exercise all the pow-
ers vested, in the company, except where the company has
by its by-laws otherwise provided. The board of directors
may appoint examiners, agents and such subordinate officers
as they may deem necessary, who shall hold their office
during the pleasure of the board.
§ 5. This companjr may take insurance on all descriptions insurance,
of property against loss or damage by fire or lightning, and
on all descriptions of vessels, cargoes and" freights, against
the perils of marine or inland navigation, and may cause
themselves to be reinsured against any lisk or any part of
any risk on which they may have had insurance.
§ 6. If it shall at any time happen that the election of Elections,
directors shall not be held or made on a day when pursuant
to this act it ought to have been held or made, this corpora-
tion shall not for that cause be deemed to be dissolved ; but
it shall be lawful on any other day to make and hold an
election of directors, notice of which shall be given as here-
inafter prescribed.
§ 7. The rates of insurance shall be fixed and regulated Rates,
by the board of directors, and premium notes may be
received from the insured, which shall be paid at such time
or times, and in such manner and in such sum or sums, as
the directors shall require for payment of losses and expen-
ses. Any person applying for insurance may pay a definite
sum of money in full for said insurance and in lieu of a
premium note.
§ 8. The cash premiums, together with premium notes, capita! ftock.
shall constitute the capital stock of this company: Provided,
the board of directors may unite a cash capital to an extent
not exceeding one hundred thousand dollars, as an addi
tionaf security to the members, over and above their cash
premiums and premium notes, and prescribe the manner in
which such capital shall be subscribed and united with the
previous capital of the company.
§ 9. If it should so happen that the whole stock and contri- Losses,
butions be insufficient to pay and satisfy all the losses and
expenses, in such case a just average shall be made and the
payment to be demanded by virtue of any policy shall be
a dividend of such stock and contributions in proportion to
ments.
780 INSURANCE COMPANIES.
the amount of losses and expenses ; should there be an
excess of funds, the directors shall have power to declare a
dividend,
"ar'iiaw'e L°w § 1()- ^ne members of this company shall be and are
hereby bound and obliged to pay their proportion of all
losses and expenses happening and accruing during the time
for which their policies were issued, to the amount of the
premium notes and cash premiums, and no more; but the
directors shall have the power to cancel any note by a sur-
render of the policy for which said note was given.
Application. g i\m Applications for insurance shall state all the mate-
rial facts and circumstances affecting the risk, and the state-
ments made in the application shall be binding on the insured
and a warranty on his, her or their part.
Home office. g 12. The operations and business of this company shall
be carried on and conducted at such place in the city of
Dixon, in the county of Lee and state of Illinois, as the
Agencies. directors may choose, and any other place by agency, and
no policy shall be issued by said company until applications
for insurance are received for at least thirty thousand dol-
lars.
unP id assess- § 13. Whenever any assessment is made or any premium
notes given to the Star Insurance Company for any risk
taken by said company, and the maker thereof shall neglect
or refuse to pay the amount claimed by this company for
the space of thirty days after notice of such assessment,
which notice shall be given as prescribed in the by-laws of
said company, his, her or their policy shall become void and
of no effect, and in case an action is brought for the recovery
of any assessment due this company, the certificate of the
secretary of said company, stating the amount of such assess-
ment shall be taken and received as prima facie evidence
in all courts and places whatever.
guiti. § 14. In all suits at law or equity brought against this
company, or in any suit brought by this company against
any of its members, or against any other person or persons,
any member of this company shall be admitted as a compe-
tent witness for and in behalf of this company.
Ammai election. § 15. The persons named in the first section ot this act
shall be and they are hereby constituted a board of directors
for this company, to serve as such until the first annual
election of directors herein provided for and until others are
chosen. The directors of this company shall be elected on
the first Monday of May in each year, and such election
shall be held at the office of this company, at such hour of
the day as the directors for the time being shall appoint,
notice of which shall be given in one of the newspapers
printed in the county of Whiteside, at least twenty days
immediately preceding such election, and such election shall
be held under the inspection of three members, to be
appointed previous to every election by the board of direc-
INSURANCE COMPANIES. 781
tors; such election shall be made by a plurality of votes of
the members present, or their proxies, allowing one vote for
each policy held and in force in this company, and the board
of directors are hereby authorized, at any of its meetings,
to provide a form for the appointment of proxies, and to
specify the evidence that may be required in the execution
thereof.
§ 16. All meetings of the directors of this company shall Meetings.
be called by the secretary, notice of which can be given by
publishing in a newspaper printed in the county of Lee.
§ 17. This company shall have power to make contracts
for any term, not exceeding live years, and such contracts,
when signed by the president and secretary, shall be binding
until the expiration of the term for which they were made.
§ 18. It shall be lawful for the secretary of this company Deputy.
to appoint a deputy, whose authority shall be speciiied in
his appointment and approved by the board of directors.
§ 19. The board of directors may invest, loan and employ Funds, how in-
the funds of the company in such way and manner as they ve9ted-
may judge that the interests and welfare of the company
require, but nothing in this act shall be so construed as to
allow the company any banking privileges, or' to issue any
certificate of deposit to circulate as money or currency.
§ 20. Suits at law may be maintained by said company suitsatiaw.
against any of its members for the collection of premium
notes, or assessment thereon, or for any other cause relating
to the business of said company, and suits at law may also
be prosecuted and maintained by any member or other per-
son or persons against said company.
§ 21. Unless said company is organized as provided for charter, when
under the provisions of this act within twelve months after forfeited-
its passage, this charter shall be forfeited.
§ 22. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, IS 65.
AN ACT to amend the charter of the Stephenson Insurance Company, of In force Feb. 18,
Freeport, Illinois. 1865-
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful for the Stephenson Insurance Company, of Free- Notes may
port to receive, at the time of insuring any person or per- premiums,
sons, a note or notes, payable in installments, for the cash
premium or any part thereof, which note or notes may be in
addition to or in lieu of a premium. Installments upon such
note or notes shall be due at such time or times as may be
ba
cash
782 INSURANCE COMPANIES.
Policy, when agreed upon and stated in the note. If the maker of such
note or notes shall neglect or refuse to pay the amount of
any installments for the space of thirty clays after the same
shall fall clue by the term of such note or notes, then, and
in every such case the policy issued in part or whole con-
sideration of such note or notes shall be null and void until
the same is or are paid ; and if any person or persons making
such note or notes, shall neglect or refuse to pay any install-
ment, for the space of thirty days after the same shall fall
due, notice of the maturity of said note or notes, and the
forfeitures and penalties herein contained, having been given
to the maker of the same, by mail or otherwise, then, and in
every such case the whole note upon which installments is
5Uits. or are due, shall become due and payable; and the said
company may proceed at law and collect the whole note or
notes given for and in consideration of any policy of insur-
ance, with costs of suit, unless such installments shall be
paid or tendered, and costs which may have accrued thereon,
before judgment shall be rendered. Upon the satisfaction of
any judgment, the policy issued in whole or part consider-
ation of any note or notes upon which suit is brought, shall
become in full force and virtue. Payment upon such note
or notes shall be made at the office of said company, in the
manner provided for the payments of assessments upon pre-
miums or deposit notes, by the charter and amendment
thereto of the said company ; and the directors of said com-
pany may levy an assessment upon the premium notes held
by said company, at any time it may become necessary for
the payment of losses and expenses.
insurance. g 2. Said corporation may make insurance on all de-
scription of property against loss or damage by lightning, and
the risks of marine, inland navigation and transportation,
and may cause themselves to be reinsured upon the whole or
any part of any risk on which they may have made insur-
May insure per- ance : and it shall be lawful for said corporation to insure
sonal property. , , .. ,. ,, t i 1 • i
personal property at its tall casli value ; and said corpora-
tion may issue policies for such length of time as may be
Term of direct- agreed upon ; and the directors of said corporation shall be
elected only for one year, and until their successors are
elected and qualified.
§ 3. This act is hereby declared a public act, and shall
take effect from and after its passage.
Approved February 16, 18G5.
INSURANCE COMPANIES. 783
AN ACT to incorporate the Stock and Mutual Insurance Company. In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That James
H. Knowlton, Joel H. Smith, Asa Dow, Ezekiel S. Smith, corporators.
Egbert Jamieson, John R. Parsons and Charles Hubbard,
and their associates and successors, and all such persons as
shall become stockholders, be and they are hereby created
a body corporate and politic, by the name and style of
"Stock and Mutual Insurance Company;" and as such Name and style,
company shall have perpetual succession, and shall have
power to sue and be sued, plead and be impleaded unto, powers,
answer and defend, in any and all courts of law and equity
in this state and elsewhere. The corporation shall have a
common seal, and power to appoint all such servants and seal,
agents as it may deem necessary ; and may make and ordain
and establish such by-laws, rules and regulations, for the
management of its affairs, as it may think proper, not in-
consistent with the laws and constitution of the United
States and the state of Illinois ; and shall be recognized in
all its rights and powers, without pleading the same, in all
the courts of the state of Illinois.
§ 2. The capital stock of said company shall be five capital stock,
hundred thousand dollars, with power to increase its cash
capital stock to any sum not exceeding two millions of dol-
lars, by a vote of the majority in interest of the full paid
stock at the date of such vote. Said stock shall be divided shares,
into shares of one hundred dollars each, and shall be deemed
personal property, and transferable on the books of the
company only, under such regulations as may be adopted
by the board of directors of said company.
§ 3. The incorporators named in the first section of this Books opened,
act, or a majority of them, shall have power and authority
to open books, at such time and place, in the city of Chi-
cago, and other places, for subscription to the capital stock,
as they may appoint, not to exceed nine months from the
passage of this act, by giving ten days' notice in one or
more newspapers printed in Chicago, that such books will
be opened for Subscription to the capital stock, and that
they will remain open until one hundred thousand dollars
shall be subscribed. Said incorporators shall require a pay-
ment of ten per cent, upon all the subscriptions for stock,
at the time of subscribing for the same ; and as soon as the
sum of one hundred thousand dollars is subscribed, and ten
per cent, is paid, as herein provided, the incorporators shall,
within ten days, call a meeting of the stockholders, by pub-
lishing a notice in some newspaper published in Chicago,
stating the time and place for the stockholders to meet, to
elect a board of directors. The election of the first board
of directors shall be superintended and managed by the
784: INSURANCE COMPANIES.
incorporators that have acted in opening books for subscrip-
tion to the capital stock of said company.
officers. § 4. The officers of said company shall consist of a
board of nine directors, a president, a vice-president, a sec-
retary and a treasurer ; and, at the pleasure of the directors,
the secretary and treasurer may be one and the same per-
By-iaws. g0n. The board of directors shall, as soon as full}7 organ-
ized, adopt by-laws, establish rules and regulations, by which
its members shall be governed, and the business of the
Dutiea of officers company be conducted. The by-laws so adopted shall de-
fine the powers and duties of the directors and other officers
of said company ; and said board of directors shall fix the
salary of all officers and employees of said company, and
provide for their own compensation, from time to time, as the
interest of the company may require, and may alter or
amend the by-laws of said company as they may see fit and
proper: Provided, that said by-laws, rules and regulations
shall not in any way conflict with the lawTs of the state.
Bo0vekrS handed § 5- -^ 8Ua^ ^e tne duty of the incorporators, who have
acted in opening books for subscription to the capital stock
of this corporation, so soon as a board of directors is chosen
by the stockholders, and such board is fully organized, to
deliver over the subscription books, and all moneys received
by them on subscription of stock, to the board of directors.
Annual election. § Q. Tiie stockholders shall elect, annually, a board of
nine directors, at such time and place as the by-laws may
provide — each share of stock being entitled to one vote, to
be cast either in person by the holder thereof, or by proxy,
as may be provided for in the by-laws of the company. A
majority of the votes given at any and all elections shall
decide the same. A majority of the directors shall form a
inspectors of the quorum for the transaction of business. At all annual
elections for directors of the corporation, the members pre-
sent shall appoint three stockholders who are not directors
as inspectors of such election, who shall canvass the votes
and declare the result ; and the persons who shall have re-
ceived the greatest number of votes shall be directors for
the coming year, and shall immediately, as soon as notified,
accept or decline the election ; and said directors shall, as
soon as qualified, organize the new board, and proceed to
officers. elect, from their number, a president, a vice-president, a
secretary and treasurer. The directors and officers of said
company shall hold their offices for one year, and until their
successors be qualified ; and said board of directors may,
from time to time, appoint such other officers, clerks and
agents for said company as they think necessary, and define
their duties, and determine their compensation, and require
such security for the faithful discharge of their duties as
Kxecutive com- shall be deemed proper. Said board of directors may ap-
point three of the stockholders to act as an executive com-
mittee, which executive committee shall have and possess
INSURANCE COMPANIES. 785
all the powers of the board of directors, in the management
of the business of the company, when said board of direct-
ors shall not be in session. The powers and dnties of said
committee, in connection with the officers of the company,
shall be defined, and compensation determined, by the by-
laws of said company.
§ 7. The corporation hereby created shall have power insurance.
to make insurance against loss or damage by fire, on any
and all kinds of property, buildings and fixtures ; to make
insurance and take all and any marine risks, and to take all
risks and make insurance of lives, and take all risks and
make insurance against injury or death by accident, of per-
sons traveling by any and all public conveyances in the
United States, and to and from any foreign country, and to
fix charges and rates of insurance therefor, and receive Rates,
such rates for such insurance as may be agreed upon by the
parties; and any or either of the risks and insurances
above mentioned may be taken upon the stock or mutual
principle, or upon both together, as said company may pro-
vide in their by-laws, rules and regulations, tor conducting
the business of the company under this charter.
§ 8. All persons who shall, at any time, be insured in Members,
this company upon the mutual principle, shall become
members thereof, during the continuance thereof of their
respective policies, and no longer, and shall at all times be
bound by the provisions of this act. All cash premiums
paid by such insured and members, to the amount of one
hundred dollars, shall be entitled to a certificate of stock
representing one share, and the holder thereof shall be en-
titled to the same rights and dividends thereon as the full
paid stock of the company.
§ 9. The rates of insurance, whether against loss or Rf>f3t(£*ed by
damage by fire, marine risks, life, or against injury or death
by accident of persons traveling when made upon the mu-
tual or stock principle, under this act, shall be fixed by the
board of directors in the bydaws, rules and regulations of
the company, and in such a manner as to make the insurance
uniform, as far as it can be done ; and said company shall
have the power and authority to take, in its corporate name,
premium notes from the insured, which shall be paid at
such time or times, and in such sum or sums, as the direct-
ors shall require for the payment of losses and expenses ;
and said directors may determine the per cent, upon such
premium notes, to be paid in money in hand, at the time of
the insurance, as they may deem proper and for the interest
of the company. Any person applying for and becoming
insured may pay a definite sum of money, in full for said
insurance, and in lieu of a premium note.
§ 10. Said company shall have the power and authority Policy,
to issue policies of insurance to any person or persons, or
to any body corporate, against loss or damage by fire and
786 INSURANCE COMPANIES.
marine risks, for any term of years not exceeding ten, and
may issue policies of insurance on life for any term of
years, or for the life-time of the person taking the same,
and may issue policies of insurance against injury and
death, by accident, to any person or persons traveling by
any public conveyance in the United States, and to and
from any foreign country, for any length of time not ex-
ceeding ten years.
Assessments. n_ The 'directors shall have power and authority to levy
assessments upon the premium notes at any time they may
deem it necessary for the payment of losses and expenses,
and the parties giving such premium notes shall be, and are
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount of
their premium notes.
Policy, when § 12. Whenever any assessment is made upon any pre-
mium note given to said company, and the maker thereof
shall neglect or refuse to pay the amount claimed by said
company, for the space of thirty days after notice of such
assessment, his, her or their policy shall become null and
void, (until such payment is made,) and action may be
brought at law for the whole amount of the premium note,
and proceedings in a court of chancery by bills may be in-
stituted to enforce the bill given the company in this act;
and in case an action is brought either at law or in chancery,
or both, for the recovery of any assessment due said com-
pany, the certificate of the secretary or president of the com-
pany, stating the amount of such assessment. and the amount
due, shall be taken and received as prima jacie evidence in
all courts of law and equity in this state.
Home office. § 13. The home office of said company shall be in the
city of Chicago and state of Illinois. Said company may do
business in any other place by an agent or agents, and may
Branch office, establish a branch office in any other state or states under the
laws thereof, and said company may take in its name, or other-
wise, such real estate and hold the same, as may be neces-
sary to have and hold for the purpose of transacting its
business, and may take and hold such personal property as
may be necessary for the use of the company.
Per cent, paid § 11. The first board of directors elected under this act,
stock. °apia and any subsequent board, may open subscription books for
capital stock of said company, and shall have power and
authority to fix the per cent, to be paid at the time of sub-
scribing, and shall have power and authority, from time to
time, require to be paid upon the capital stock of said com-
pany from the subscribers, until the stock shall be fully paid ;
and in case any subscriber shall neglect or refuse to pay
such installments, or any part thereof, said board of direc-
tors shall have the power and authority to forfeit such
stocks, and sell the same, in such manner as may be pre-
INSURANCE COMPANIES. O t
scribed in the by-laws of said company. The stock of said stock awn*
company may be transferable and assignable in such man-
ner as said company may provide in their by-laws.
§ 15. The corporation, by its board of directors, may J
declare dividend-, but ail dividends shall be applied in j
ment of the capital stock subscribed, until the amount sub-
scribed by each shareholder shall be fully paid by inst
ments or dividends, and after such full payment of stock,
of any and ail of the stockholders, all dividends shall be paid
to such stockholders, or to the person or persons holding
ick.
£ 1G. The company may invest any surplus capital or ■'- al-
other money on hand, in any kind of interest-paying stocks
or securities, or in real estate bonds and mortgages, or ;
loan the same at any rate of interest not exceeding ten per
cent., and may discount the interest reserved out of such
loan; and the said company may also buy and sell bullion
and coin and exchange, notes, bonds, mortgages, or other
securities, and may take, hold, sell and convey such reai
estate and personal property as it may Vie necessary to se-
cure any loan or debt due to said company, by judgment or
otherwise. In all cases of loss exceeding the property and Bharetow
paid stock of the company, each shareholder shall be liable,
prorata, on the amount of, and to the amount of unpaid
stock due from each. Nothing contained in this act shall No banking pow-
be so construed as to allow this company any banking privi-
leges, or issue any certificate of deposit to circulate as mo-
ney or currency.
;' IT. If it shall so happen that the election of directors
of said company shall not be held on the day when, pursu-
ant to this act, it should have been made or held, this com-
pany for that cause shall not be deemed to be dissolved, but
it shall be lawful, on any other day, to make and hold an
election, notice of which shall be given in a manner pre-
scribed by the by-laws of said company : Provided, that if Prov
the corporation created by this act shall not organize wil
one year from the passage hereof, then this act shall be null
and void
§ IS. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved Februarv 16. 1565.
7S8 INSURANCE COMPANIES.
In force Feb. 16, AN ACT to incorporate the Traders' Insurance Company of Chicago.
18G5.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Olin-
corporators. ton Briggs, Ira T. Munn, C. I. Wheeler, David Kriegh,
John B. Lyon, R. M. Hough, N. K. Fairbank, Julian S. Ram-
sey, and George Webster, and such other persons as may
hereafter become stockholders in the corporation hereby
created, their successors and assigns, be hereby created a
body corporate and politic, under the name and style of
Name and style. «Xhe Traders' Insurance Company," situated at Chicago;
and by that name shall be recognized in all courts of justice
Fifty years term, and equity in this state, and shall continue in existence fifty
years, from the date of its organization : Provided, that un-
less the said corporation shall be organized, as provided by
the terms of this act, within one year after its passage, then
this act shall be null and void.
capital stock. g 2. The capital stock of said corporation shall be three
hundred thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in such installments as the
board of directors of said corporation may, from time to
time, at their discretion, appoint and order, except as here-
inafter provided. The said capital stock may hereafter be
increased to an amount not exceeding one million dollars, in
the discretion of the board of directors ; and the stock of
said corporation shall be transferable on the books of said
corporation, and not otherwise.
subscription to § 3. Books of subscription may be opened, at the dis-
cretion of a majority of the parties named in this act; and
when the amount of capital stock, as provided in the fore-
going section, shall have been subscribed, and the subscribers
Directors. shall have chosen nine directors, and said directors shall
officers. have chosen out of their number a president and vice presi-
dent, and appointed a secretary, said board of directors may
declare the company organized, and proceed to call in such an
installment of the stock as they may deem necessary, not less
than twenty per cent, in cash, and, for the balance of such
subscription, may take bonds and mortgages on unincum-
bered real estate in the state of Illinois, state, United States,
at their discretion.
insurance. § 4. The said company shall have power, by instrument,
under seal or otherwise: First — To make insurance upon
all descriptions of property against loss or damage by fire.
Secondly — To make insurance upon all descriptions of
boats and vessels, the cargoes and freights thereof, and upon
bottomry and respondentia interest, against the perils of
marine or inland navigation. Thirdly — To cause them-
selves to be reinsured against any risk upon which they
may have insurance.
Term of office. § 5. The first board of directors shall hold their office
till the first Monday in January next succeeding the organi-
INSURANCE COMPANIES. 789
zation of the company, and until their successors are elected ;
and on the first Monday of January, in each year, during Annual election,
the continuance of said corporation, an election of the direc
tors thereof shall be held in the city of Chicago, at such time
and place as the existing board of directors may prescribe.
The stockholders in said corporation, in person or by proxy
in writing, shall be entitled to one vote for each share of
stock held by them, respectively, at the time of such elec-
tion, and the persons, to the number of nine, being stock-
holders, receiving the highest number of votes at such elec-
tion, shall be declared elected directors of said corporation
for one year, and shall hold their office until the next an-
nual election, and until their successors are elected. A
majority of the board shall constitute a quorum for the trans-
action of business.
§ 6. The board of directors shall have power to fill any vacancy, how
vacancy that may occur in their own body, a plurality of mied'
votes constituting a choice. They shall choose in the same
manner, previous to the annual election of directors, three
inspectors of such election, whose duty it shall be to canvass
the votes cast thereat, and declare the result; the said in-
spectors shall also be the judges of the qualifications of
voters. Notice of such elections shall be given by publica-
tion in one or more daily newspapers, published in Chicago,
at least one week previous thereto, over the signature of an
officer of the company.
§ 7. The directors shall meet as soon as may be after Election of om-
every election, and shall choose out of their number apresi- cers'
dent and vice president, who shall hold their offices until the
next annual election of directors, and their successors are
chosen ; they shall also have power to appoint a secretary
and all subordinate officers of said corporation, to fix their
compensation and prescribe their duties.
§ 8. All policies of insurance made by said corporation Policies,
shall be subscribed by the president or vice president, and
countersigned by the secretary; and all losses arising under
any policy so subscribed, may be adjusted and settled by
the president, vice president or secretary, under such regu-
lations as the board of directors may, from time to time,
prescribe.
§ 9. The office of said company shall be located in Home office,
the city of Chicago, but the officers may appoint such agents
in other places as they may deem expedient.
§ 10. The board of directors may, from time to time, in Dividends,
their discretion, estimate the net earned profits that have ac-
crued on the business of the company, and declare such divi-
dends thereof to the stockholders as they may deem desirable.
§ 11. By the consent, in writing, of three-fourths of the wten ingnred
stockholders, the insured may be allowed to participate in fit*7 haYe pro*
the net profits of the company to such an extent and upon
such terms as the directors may deem expedient.
790
INSURANCE COMPANIES.
Banking forbid.
Holders liable to
amount of stock
§ 1 2. Nothing in this act contained shall authorize said
corporation to receive deposits or do a banking business.
§ 13. Each stockholder in this corporation shall be indi-
vidually liable for the debts and contracts of said company
to the extent of his unpaid stock.
§ 14. This act shall be deemed a public act, and shall be
liberally construed for the purposes therein contained, and
take effect from and after its passage.
Approved Februirv 16, 1865.
In force Feb. 1C,
1885.
Corporator!
Name and sty]
Powers.
By-laws.
Capital stock.
AN ACT to incorporate the Travelers' Insurance Company.
Section. 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Harmon
G. Keynolds, J. H. Carrier, B. TV. Page, Uhas. L. Currier,
Simon Florsheim, Y. T. Priest, and T. J. Turner, and all
others who may become associated with them as stockholders,
as is hereinafter provided, their successors and assigns, forever
be and they hereby are created and made a body politic and
corporate, for the purpose of insuring persons against the
accidental loss of life or personal injury sustained while
traveling by railway, steamboat, or other mode of convey-
ance, and such other kinds of insurance as the directors of
this corporation shall deem expedient, by the name of
the "Travelers' Insurance Company," and by that name
shall be and hereby are empowered to purchase, have,
hold, possess and enjoy, to themselves and their successors,
lands, tenements, hereditaments, goods, chattels and effects
of every kind, and the same to grant, alien, sell, invest and
dispose of; to sue and be sued, plead and be impleaded, in
all courts of justice ; to have and use a common seal, and
the same to change, alter and renew at pleasure ; and to or-
dain and put into execution such by-laws and regulations as
they may deem proper for the well ordering and govern-
ment of said corporation, and the transaction of its busi-
ness: Provided, that they be not repugnant to the laws of
the United States or of this state, or to the provisions of this
act of incorporation.
§ 2. The capital stock of said corporation shall not be
.less than one hundred thousand dollars, and may be at any
time hereafter increased by said company to any sum not
exceeding five hundred thousand dollars, and shall be
divided into shares of one hundred dollars each ; and there
shall be paid into the treasury of said corporation by each
subscriber to said capital stock, at the time of subscribing
for the same, an installment of ten per cent, on the amount
by him subscribed for, and further installments shall be
INSURANCE COMPANIES. T91
made, from time to time, as may be ordered by the board of
directors ; and the remainder of the said shares so subscribed
for, shall within thirty days after the organization of said
company, be secured to be paid either by bonds and mort-
gages on real estate, by indorsed promissory notes, or in
such other manner as may be required by the by-laws of
said company, and approved by the board of directors
thereof.
§ 3. The capital stock of said corporation shall be trans- stock assignable
ferable according to the rules and regulations of the com-
pany ; and if any subscriber of any share or shares of said
stock shall neglect or refuse to pay the installments, as
aforesaid, for the space of sixty days after the same shall
become due or required, and after he or they have been noti-
fied thereof according to the by-laws of said company, the
amount already paid by such negligent stockholder shall be
forfeited to the uses of the company, and the stock by him
subscribed shall be sold at auction or disposed of in such
manner as the board of directors may deem for the best in-
terests of the company.
§ 4. The business of said corporation shall be the insu- insurance,
ring of persons against the accidental loss of life or per-
sonal injury sustained while traveling by railways, steamers
and other modes of conveyance in the United States and
other countries ; and contracts of insurance may be made on
such terms and conditions, and for such periods of time,
and confined to such persons as shall be, from time to time,
ordered and provided for by the by-laws of said corpora-
tion.
§ 5. The home office of said company shall be located in nome office,
the city of Springfield or city of Chicago, as the board of '
directors may determine; and the stock, property and affairs Directors.
of said corporation shall be managed and conducted by not
less than five nor more than fifteen directors, the num-
ber of said directors to be determined by the by-laws of
said company ; and any director's power to act as director of
said company may be canceled or suspended whenever a
majority of the board shall deem it for the best interests of
the company so to do. The directors of said company shall
be chosen from among the stockholders, in such manner and
at such time or times as may be determined by the by-laws
of said corporation ; and in case of any vacancy from death, vacancies.
resignation, or other cause, in the board of directors of said
company, the remaining directors shall have power to fill
such vacancy by appointment, and the director thus appoint-
ed shall hold his office until the next regular election, as
provided by the by-laws of the company. In all elections Election of di-
for directors of said company, each stockholder, by himself rectors-
or attorney, shall be allowed one vote for each and every
share so held by him, and none but stockholders shall be
eligible to the office of director.
792
INSURANCE COMPANIES.
First board.
Books for
scrip tiun.
§ 6. To carry out the provisions of this act the corpora-
tors, hereinbefore named, are hereby constituted the first
board of directors of said company, and shall hold their
office until an election be had according to the by-laws of
sub- said corporation ; and they or a majority of them are author-
ized to open books and receive subscriptions to the capital
stock of said company ; and when the amount of one hun-
dred thousand dollars shall have been subscribed according
to the requirements of this charter and the by-laws of said
corporation, the board of directors shall cause publication to
be made in one newspaper published in the city of Chicago,
and one newspaper published in the city of Springfield, of
the full and complete organization of said company ; and it
shall be lawful for said company to commence business with-
in thirty days after publication shall have been made, as
aforesaid.
§ 7. The directors shall choose a president, vice-presi-
dent, treasurer and secretary, whose term of office and sev-
eral duties shall be defined and set forth by the by-laws of
the corporation ; and they shall appoint such other officers,
clerks and agents, and establish such agencies in this state
and elsewhere, as shall be by them deemed advisable for
conducting the business of the company; and the president
and vice-president, treasurer and secretary, shall be chosen
from and by the directors of said company.
§ 8. All policies of insurance or other contracts author-
ized by this act, may be made with or without the seal of
said corporation, and shall be binding and obligatory upon
said corporation, according to the true intent and meaning
of such policies and contracts,
be § 9. The capital stock, moneys and personal estate of
said corporation may be invested at the discretion of the di-
rectors, either in loans upon bonds or mortgages, upon real
estate, or in United States' stocks, bank stocks, or stock or
bonds created by any state, or of corporations created by
this state, and the same may be called in and reinvested at
Proviso. pleasure, under the provisions of this act: Provided, that
nothing herein contained shall be construed so as to author-
ize said company to be engaged in the business of banking.
§ 10. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein mentioned, and
be in force from and after its passage.
Approved February 16, 1865.
Policies.
Funds may
invested.
INSURANCE COMPANIES. 793
AN ACT to incorporate the Traveler's Security Insurance Company. In force Feb. 15,
1865.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That Chaun-
cey T. Bo wen, S. L. Barrett, Henry \T. Bishop, jr., and JSror- corporators,
man Williams, jr., and all others who may become associa-
ted with them as stockholders, as is hereinafter provided, their
successors and assigns, forever, be and they hereby are crea-
ted and made a body corporate and politic, for the purpose of
insuring against, and to make all and every insurance, con-
nected with accidental loss of life or personal injury sus-
tained by accidents of every description, by the name of
"The Traveler's Security Insurance Company ;" and by that
name shall be and hereby are empowered to purchase, have, Powers of insur-
hokl, possess and enjoy, to themselves and their successors,
lands, tenements, hereditaments, goods, chattels, and effects,
of every kind, which are necessary to transact an insurance
business, and the same to grant, alien, sell, invest and dis-
pose of; to sue and be sued, plead and be impleaded, in all
courts of justice; to have and use a common seal, and the
same to change, alter and renew at pleasure ; and to ordain
and put into execution such by-laws and regulations as they
may deem proper for the well ordering and government of
said corporation and the transaction of its business: Prom- Proviso.
ded, they be not repugnant to the laws of the United States
or of this state, or to the provisions of this act of incorpora-
tion : Provided, further, that it' the corporation created by
this act shall not organize within one year from the date of
the passage hereof, then this act shall become null and void.
§ 2. The capital stock of said corporation shall not be less capital stock,
than one hundred thousand dollars, and may be, at any
time thereafter, increased by said company to any sum not
exceeding one million dollars, and shall be divided into shares of stock.
shares of one hundred dollars each. And there shall be
paid into the treasury of said corporation, by each subscri-
ber to said capital stock, at the time of subscribing for the
same, an installment of ten dollars on each share of stock
by him subscribed for ; and the remainder of said shares,
so subscribed for, shall, within sixty days after the organi-
zation of said company, be secured to be paid, either by
bonds and mortgage on real estate, or by such indorsed
promissory notes as shall he approved of by the directors of
said corporation ; and shall be payable in such installments
and at such times as the directors may determine ; and such,
indorsers shall have a hen on the stock for which such note
or notes are given.
§ 3. The capital stock of said corporation shall be trans- stock assignable
ferable, according to the rules and regulations of the com-
pany ; and if any subscriber of any share or shares. of said Forfeited stock.
stock shall neglect. or refuse to pay the installments as-afore-
said, or to secure; the payment of the residue of the stock
— 5S
794: INSURANCE COMPANIES.
by kirn subscribed, as aforesaid, for the space of sixty days
after the same shall become due or required, and after he or
they have been notified thereof, the stock of such negligent
stockholder shall be sold by the directors, at public auction,
giving at least ten days' notice thereof in some newspaper
published in the city of Chicago; and the proceeds of said sale
shall be first applied in the payment of the installments called
for and the expenses attending the sale, and the balance, if
any, shall be refunded to the owner of said stock ; and such
sale shall, in all respects, entitle the purchasers to all the
rights of such negligent stockholder in and to the shares so
bought.
§ 4. The business of said corporation shall be the insu-
ring of persons against the accidental loss of life or personal
injury, sustained by accident of every description. And
said corporation is hereby authorized and empowered to
make any and all contracts of insurance connected there-
with, on such terms and conditions and for such periods of
time and confined to such countries and to such persons as
shall be, from time to time, ordered and provided for by the
by-laws of said corporation.
Home office. § 5. The office of said company shall be located in the
city of Chicago ; and the stock, property and affairs of said
corporation shall be managed and conducted by not less
than seven or more than twenty-five directors, (the number
of said directors to be determined by the by-laws of said
company,) to be chosen, by ballot, from among and by the
stockholders ; which directors, first chosen, shall hold their
offices until the first Tuesday of May next ensuing their
election, and until others are chosen to supply their places ;
Annual election, and the annual meeting for choice of directors shall,
after the first election, be holden at the city of Chicago, on
the first Tuesday in May, or such other day in the month
of May as shall be appointed by said board of directors ; but
a failure to elect directors at the day appointed shall not
work a forfeiture of the charter ; and, in case of such failure,
the election may be held at any other day appointed by the
directors last chosen, ten days' notice of such election being
given by publication as aforesaid. In the choice of directors,
as aforesaid, each stockholder present or represented by his
attorney shall be allowed one vote for each and every share
of stock by him then held ; and none but stockholders shall
Qt-u-um. be eligible to the office of director; and the directors shall
determine what number of their own body shall constitute a
quorum for transaction of business ; and when such quorum
is formed, if the president is not present, the vice president
shall preside, or, in the absence of both, the directors shall
appoint a president fro tempore ; and the president shall
have power to call special meetings of the stockholders
whenever thereto requested by a majority of the directors.
IKSUEAJSTCE COMPANIES. 795
§ 6. To carry out the provisions of this bill, and to or- Dsits^ikbution of
ganize the said corporation, Chauneey T. Bowen, S. L. Bar-
rett, Henry W. Bishop, jr., and Norman Williams, jr., are
authorized and appointed to receive subscriptions to the
capital stock thereof, and the first installment thereon, and,
as such, are hereby authorized to close the subscription
books of said company when the said capital stock shall be
fully subscribed, or in case that said capital stock shall be over-
subscribed, to distribute and apportion the same among the
subscribers as the said persons, 'so appointed as aforesaid to
distribute, may deem proper ; and when the capital stock
shall have been subscribed for and the first installment has
been paid thereon, by a notice published in some newspa-
per printed in the city of Chicago two weeks before the
time of meeting, the said subscribers may meet together, at
the time and place named in said call, and adopt such by-
laws, rules and regulations as may be necessary and conve-
nient for commencing and carrying on business under this
act ; they may, also, at the same or some subsequent time, Directors and
choose a board of directors, in the manner hereinbefore pro-
vided, who shall hold their offices, with all the powers given
to directors by this act, until others are chosen to supply
their places ; and when the by-laws have been adopted, and
the directors have been chosen as aforesaid, and when the
board of directors shall have been organized by the choice
of a president and secretary, the said corporation may exer-
cise all the powers and privileges conferred by this act.
§ 7. The directors may choose a president, vice presi- Officers,
dent and secretary of their corporation, and appoint such
other officers, clerks and agents, and establish such agencies
in this state, as shall be by them deemed advisable for con-
ducting the business of the company, fix their compensation
and take bonds from any and all of them, for the faithful
performance of their duties, and make such covenants and
agreements as may be deemed necessary. The president,
vice president and secretary shall be chosen from among
the directors, and may hold their appointments for one year
and until others are chosen ; but the other officers and ser-
vants of said company may be displaced and new ones ap-
pointed at the pleasure of the directors. In the absence or Acting officer,
disability of the president the vice president shall preside,
and if both are absent or disabled the directors may choose a
president pro tempore / and in case any vacancy shall occur
in the board of directors, the remaining directors may choose
a director or directors from among the stockholders to fill
such vacancy, who shall hold the appointment until others
are chosen in their places.
§ 8. All policies of insurance or other contracts author- insurance, how
ized by this act may be made with the seal of said corpora- ma e'
tion, and shall be binding and obligatory upon said corpo-
796 INSURANCE COMPANIES.
ration, according to the true intent and meaning of such
policies and contracts.
investment of § (J. The capital stock, moneys and personal estate of
said corporation may be invested, at the discretion of the
director!-, either in loans upon bond and mortgages, upon
real estate, or in the United Stales stocks, bank stocks or
stocks or bonds created by any state, or of corporations cre-
ated by this state, or may be loaned upon promissory notes
or bills of exchange, not having more than twelve months
to ran ; and the same may' lie called in and reinvested at
pleasure, under the provisions of this act; and the insured
may, b\ a vote of the directors, be permitted to participate
in the profits of business, on such terms as the directors
may from time to time prescribe.
Suits at law. § 10. Suits at law may be maintained by any stock-
holder or person insured by said company against said cor-
poration, for losses or injuries insured against by said com-
pany, if payment shall be withheld more than thirty days
after the same shall be_due and payable by the terms of the
policy of insurance, or other contract, and after the said cor-
poration shall have been duly notified of such loss or injury.
Banking forbid. § 11. Nothing contained herein shall be so construed as
to authorize said company to engage in the business of
banking.
§ 12. This act shall be deemed a public act, of which all
courts and magistrates shall officially take notice, and shall
take effect from and after its passage.
Approved February 15, 1805.
In force Feb. 16.
1S65.
AN ACT to incorporate the Union Fire Aid Insurance Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Edward
Corporators. Faherty, Hugh McCann, James O'llara, Frederick Schrei-
ber, and William Erdmann, and all other persons who may
hereafter become members of said company, be and they
are hereb}^ incorporated and made a body politic, for the
term of twenty-live years from the passage of this act, by the
Name and style, name of " The Union Fire Aid Insurance Company," for
the purpose of insuring their respective dwelling houses,
stores, shops, barns, stables and other buildings, household
furniture, merchandise, produce and live stock, against loss
or damage by fire, whether the same happen by accident,
lightning or any other means, except that of design in the
assured or by any invasion of an enemy or insurrection of
the citizens of this or any of the United States ; also, to
insure against loss or damage to the above specified prop-
INSURANCE COMPANIES. 797
erty by wind ; and by that name may sue and be sued, plead General powers.
and be impleaded, appear and prosecute and defend, in any
court of record or other place whatever ; may have and use
a common sua! ; may purchase and hold such real and per-
sonal estate as may be necessary to effect the object of their
association ; and may take and hold real estate securities,
mortgaged or pledged for the payment of any debt due or
becoming due to said company, and also to purchase on sales
made by virtue of any judgment or decree of any court in
favor of such company ; and may take and receive real
estate in payment or in part payment or satisfaction of any
debt previously contracted or due; but the value of such value of real es-
real estate shall not at any time exceed ten thousand dol- tate held'
lars ; and all such real estate, other than retained for the
transaction of its business, shall be sold and converted into
money as soon as the same can be clone advantageously :
Provided, this company shall be required to offer said real Proviso.
estate once in every year at public auction to the highest
bidder ; and said company may make, establish and put
into execution such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may seem necessary and convenient lor the regu-
lation and government and for the management of their
affairs, and do and execute all such acts and things as may
be necessary to carry into full effect the purposes intended
by this charter.
§ 2. All and every person who shall at any time be- Members.
come interested in said company, by insuring therein, and
also their respective heirs, executors, administrators and
assigns, continuing to be insured therein, as hereinafter pro-
vided, shall be deemed and taken as members thereof, for
and during the term specified in their respective policies,
and no longer, and shall, at all times, be concluded and
bound by the provisions of this act.
§ 3. It shall be lawful for the company to insure prop- riome onice.
erty in the counties of Randolph, Monroe and Jackson, but
no other. The home oitice shall be in the town of Bed
Bud, in Randolph county, Illinois.
§ 4. There shall be a meeting of said company within First meeting.
six months from the passage of this act, in the village of
Red Bud, in the county, on such a day and at such an hour
as may be appointed by the individuals named in the first
section of this chapter, a notice of which appointment is to be
published for three successive weeks in two weekly newspapers
having general circulation in the aforesaid counties, and annu-
ally thereafter on such day and at such place as the said
company may hereafter determine; at which said annual Annual election.
meeting or meetings shall be chosen, by a major vote of the
members present, a board of directors, consisting of not less
than three nor more than nine members, who shall continue
in office until the next annual meeting and until others shall
798
INSURANCE COMPANIES.
Officers.
Deposit notes.
Funds loaned.
Members, how
far bound.
Losses.
have been chosen and have accepted the trust in their
place.
§ 5. The board of directors shall superintend the con-
cerns of said company, and shall have the management of
the lands and property thereof, and of all matter? and things
not otherwise provided by said company. They shall elect
a president, and shall have power, from time to time, to
appoint a secretary, who may be one of the directors, a
treasurer, and such other officers, agents and assistants as to
them may seem necessary. They may determine the rates
of insurance, the sum to be insured on any building; they
may order and direct the making and issuing of all policies
of insurance, and do all things or order to be done all things
necessary for carrying on the affairs of the company. A
true record of the proceedings of their meetings shall be
kept, which record shall be open to the inspection of any
person interested therein.
§ 6. Every person who becomes a member of said com-
pany, by effecting insurance therein, shall, before he re-
ceives his policy, deposit his promissory note for sum or
sums as shall be determined by the directors or company,
and this deposit note shall be payable, in part or in whole,
at any time when the directors shall deem it requisite for
the payment of losses or other expenses or for the purpose
of creating a new fund, (the old fund having become ex-
hausted or insufficient, by the payment of losses or ex-
penses ;) and at the expiration of insurance the said note,
or such part thereof as shall remain unpaid, after deducting
all losses and expenses accruing during said term, shall be
relinquished and given up to the signers thereof.
§ 7. The funds of the company may be loaned, on se-
curity, or invested in stock, as the company or directors
may order.
§ 8. Each member of said company shall be and is
hereby bound to pay his proportion of all losses and ex-
penses happening or accruing in and to the said company,
during the time he is a member thereof. An action may be
brought by the party entitled thereto against any mem-
ber of said company who shall be in default of payment of
any liability incurred by him, by reason of his being a
member of said company.
§ 9. In cases of any loss or damage by fire or wind, hap-
pening to any member upon property insured with the
company, the said member shall give notice to said com-
pany and take such other steps as the by-laws of the asso-
ciation may provide ; and the directors, after having re-
ceived such notice, upon a view of the same or in such
other way as they may deem proper, shall ascertain and de-
termine the amount of said loss or damage ; and if the party
suffering is not satisfied with the determination of the direc-
tors the questions may be submitted to referees, or the said
INSURANCE COMPANIES. 799
party may bring an action against said company, in any
court of competent jurisdiction : Provided, that if, upon Proviso,
the trial of any such action, the party bringing the same
shall not recover more than the amount determined upon by
said directors ; such parties shall not recover costs in such
action, but shall be entitled to recover interest, at the rate
of ten per cent., on the amount so recovered, from the time
the same becomes due.
§ 10. This corporation shall have power to make and By-laws.
execute all such by-laws and regulations as the directors
may deem proper for the government of its affairs : Pro-
vided, they are not repugnant to the constitution and laws
of this state nor of the United States. Unless this com-
pany is organized within twelve months after the passage
of this act then this act shall be null and void. And noth-
ing herein contained shall be construed to exempt said
company from the operation of any general law on the sub-
ject of insurance companies that may hereafter be passed
by the legislature of this state.
§ 11. This act shall be and is hereby declared a public
act, and shall be construed liberally for the purposes herein
granted, and shall take effect from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Union Insurance Company. In force Feb. 15,
1S65.
Section 1. Be it enacted by the People of the State of
Plinois, represented in the General Assembly, That from the
time this act shall take effect, Edwin R. Molfatt, Alex, corporators.
II. Stone, Rollin Y. Ankenny, Asa E. Shepherd, John F.
Ankenny, "William P. Emwert and Joseph M. Bailey, and
all other persons who may hereafter associate with them in
the manner herein prescribed, shall be a body politic and
corporate, by the name and style of the uUnion Insurance Name and style.
Company," and by that name and [style may] sue and be Powers.
sued, appear, prosecute and defend, in any court of record,
or other court or place whatsoever ; may have and use a Seal,
common seal, and alter and renew the same at pleasure ; may
purchase and hold such real estate and personal estate as
may be necessary to effect the objects of their corporation
association, and sell and convey the same at pleasure; may
make and establish such by-laws, ordinances and resolutions
not being contrary to the laws of this state or of the United
States, as may seem necessary or convenient for their regula-
tion and government, and for the management of their af-
fairs, and do and execute such acts and things as may be
necessary to carry into effect the purposes of this act: Pro-
800 INSURANCE COMPANIES.
vided, that if the corporation created by this act shall not
organize within one year from the passage hereof, then this
act shall become null and void.
Membership. § 2. All persons who shall, at any time, be insured in
this company, shall be members thereof, during the contin-
uance in force of their respective policies, and no longer,
and shall, at all times, be bound by the provisions of this act.
Directors, § 3. The affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more
than twenty-five members as may be regulated by the by-
laws of said company. Said directors shall be chosen by
ballot from among the members of said company, and a
majority of the whole board shall constitute a quorum for
the transaction of business. The executive committee of
said company shall possess all the powers of the board of
directors, when the board is not in session.
officers. § 4. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be prescribed
by the by-laws of said company, and until others are chosen
in their places. The board of directors shall also appoint
an executive committee to consist of three directors. Subor-
dinate officers, agents and examiners, may be appointed by
and in the manner prescribed by the by-laws of said com-
pany.
insurance. § 5. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
wind, and the risks of inland navigation and transportation,
and may cause themselves to be reinsured upon the whole
or any part of any risk on which they may have made insu-
rance.
Rates of insur- § 6. The rates of insurance shall be fixed by the board
of directors or executive committee of said company. Pre-
mium notes may be received from the insured, which shall
be paid at such time or times, and in such sum or sums as
the directors shall require for the payment of losses and ex-
penses ; any person applying for insurance may pay a defi-
nite sum of money in full for said insurance, and in lieu of
a premium note, the cash premiums, together with the pre-
mium notes, shall constitute the capital stock of said com-
pany, which may be increased by a guarantee capital as here-
inafter provided.
Assessment. § 7. The directors of said company may levy an assess-
ment upon the premium notes, at any time they may deem
it necessary, for the payment of losses and expenses.
Members Habie. § 8. The members of this company shall be and are
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount of
their premium notes, and no more.
IlllC r.
INSURANCE COMPANIES. 801
§ 9. "Whenever any assessment is made up any premi- when policy »
urn note given to said company, and the maker thereof shall
neglect or refuse to pay the amount claimed by said compa-
ny fortlie period of thirty (30) days after notice of such as-
sessment, which notice shall be given in the manner pre-
scribed by the by-laws of said company, his, her or their
policy shall become null and void, and of no effect until pay-
ment is made, and action may be brought at law for the
whole amount of premium note; and in case an action is
brought for the recovery of any assessment due said compa-
ny, the certificate of the secretary of said company, stating
the amount of such assessment, shall be taken and received
as prima facie evidence in all courts and places whatsoever.
§ 10. The persons named in the first section of this act First board,
shall be and they are hereby constituted a board of directors
for said company, to serve as such until the first annual elec-
tion of directors hereinafter provided for, and until others
are chosen.
§ 11. The directors of said company shall be elected on Annual election,
the first Tuesday of January of each year ; and such elec-
tion shall be held at the office of said company, at such hour
of the day as the directors or executive committee of said
company may appoint. Such election shall be held under the
inspection of three members of said company to be appoint-
ed previous to every election, by the executive committee
of said company ; such election shall be made by a plurality
of votes of the members present, or their proxies, allowing
one vote for each policy held and in force, or share of guar-
antee stock held. The directors or executive committee
are hereby authorized, at any of their meetings, to provide
a form for the appointment of proxies, and to specify the
evidence that may be required of the execution thereof.
§ 12. All meetings of the board of directors and execu- Meetings, ho*
live committee to be called in the manner prescribed by the
by-laws of said company.
§ 13. This company shall have power to insure policies Policies,
for any term of years not exceeding fifteen.
§ 14. The secretary of the company may appoint a dep- Deputy,
uty, whose powers shall be set forth in his certificate of ap-
pointment and be entered upon the record books of the said
company.
§ 15. This company, through its officers or board of di- investment of
rectors, may invest, loan and employ the funds of the com-
pany in such way and manner as they may judge that the
interest and welfare of the company may require, provided
they do not engage in any banking operations.
§ 16. The business of the company shall be carried on Home office,
at such place in the city of Freeport, as the directors may
determine, and at such other places by agents, as said com-
pany may elect.
—59
802 INSURANCE COMPANIES.
Guarantee fund. §*17. For the more perfect security of policy holders,
the said company may receive guarantee notes or mortgages
on real estate, to be approved by the board of directors, or
by the executive committee, to the amount of seventy-live
thousand dollars ; the makers thereof shall be paid, in con-
sideration of such guarantee, a compensation, to be deter-
mined by the board of directors or executive committee, but
not to exceed six per cent., per annum ; such notes or mort-
gages shall be entitled to representation in the election of
directors, in the ratio of one votein ever}7 one hundred dollars,
and shall be liable for the losses and expenses of the com-
pany whenever the cash premiums and premium notes are
insufficient to pay the same. Scrip certificates may be issued
for such guarantee fund, transferable only on the books of
the company.
Elections. § 18. Should it so happen that the election of directors
of said company shall not be held on the day set forth in
this act, it should have been made or held, this company,
for that cause, shall not be deemed to be dissolved ; but it
shall be lawful on any other day, to make and hold an elec-
tion, notice of which shall be given in a manner prescribed
by the by-laws of said company.
§ 19. This act is hereby declared a public act, and shall
take effect from and after its passage, and shall be liberally
construed for every purpose herein contained.
Approved February 15, 1865.
In force Feb., 16, AN ACT to incorporate the Union Insurance Company.
Section 1. Be it enroled by the People of the State of
Illinois, represented in the General Assembly, That Rollin
corporators. Trumbull, Robert Harrison, W. S. Marsh, of the county of
Lake, and state of Illinois, and their associates, be, and they
are hereby created a body politic and corporate, by the name
Name and style, and style of " The Union Insurance Company," and shall
have perpetual succession, and be recognized in all courts of
seal. law and equity, and all other places ; may have and use a
common seal, which they may alter at pleasure, and may
acquire, hold and convey real estate and personal property,
and may make by-laws not inconsistent with any existing
Proviso. law for the regulation of its affairs : Provided, that if the
corporation created by this act shall not organize within one
year from the passage thereof, then this act shall be null
and void : And, provided, further, that the home office of
the company shall be located at the city of "Waukegan.
capital stock. § 2. The capital stock of said corporation shall be two
hundred thousand dollars, and divided into shares of one
INSURANCE COMPANIES. 803
hundred dollars each, to be paid in such installments, as the
board of directors may, from time to time order, except as
hereinafter provided. The capital stock may be increased
by a vote of the stockholders representing two- thirds of the
capital stock; the stock shall be transferable on the books
of the corporation.
§ 3. The affairs of the corporation shall be managed by Directors,
a board of not less than five directors, who shall hold their
offices for one year, and until their successors are elected ;
the term of office of the first board of directors may be for a
period less than one year, as the corporation may determine.
§ 4. The officers of the corporation shall be a president, officers.
a vice president and a secretary, and such other officers, and
such agents as the corporation may, from time to time, de-
termine. The directors, when chosen, shall meet as soon as
may be after every election, and choose one of their num-
ber a president, and a vice president, and appoint a secre-
tary.
§ 5. Said corporation shall have power by instrument, insurance,
under seal, or otherwise. First — To make insurance upon
all descriptions ot buildings or property against loss or dam-
age by fire. Secondly — To make insurance upon all de-
scriptions ot boats and vessels, the cargoes and freights
thereof, and upon bottomry and respondentia interest against
the perils of marine and inland navigation. Thirdly — To
cause themselves to be reinsured against any risk upon
which they may have insurance, and to take such other
risks or hazards as the corporation may, from time to time,
determine.
§ 6. Books of subscription shall be opened at the city of Books opened.
Waukegan, in said county of Lake, at the discretion of a
majority of the persons named in the first section of this
act, and when two hundred thousand dollars shall have been
subscribed, the stockholders may proceed and elect a board
of directors, and when said directors shall have chosen a
president and vice president, and appointed a secretary,
said company shall become iully organized, and the direc-
tors shall proceed and call in such an installment of the
stock as they may deem necessary, not less than ten per
cent, in cash.
§ 7. The board of directors shall have power to fill any vacancy,
vacancy that may occur in their body, a plurality of votes
constituting a choice. x
§ 8. Said corporation shall not possess authority to en- Banking forbid,
gage in any banking business.
§ 9. This act shall be deemed a public act, and shall
take effect from and after its passage, and shall be liberally
construed for every purpose herein contained.
Approved February 16, 1865.
$04
INSURANCE COMPANIES.
In force Feb. 16,
1865.
AN ACT to incorporate the United States Insurance Company.
Fifty years exist
ence.
Powers.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That C. G-.
corporators. Wicker, M. D. Ogden, A. C. Coventry, D. B. Fisk, Styles
Burton, L. C. Hall, Wesley Manger, Kelson Tuttle, Thomas
S. Dickinson, and all other persons who shall hereafter be-
come stockholders in the corporation hereby created, shall
Name ana style. De a body politic [and] corporate, by the name of " The Uni-
ted States Insurance Company," and by such name shall
have succession and continue in existence fifty years from
the date of their organization, as hereinafter provided, and
as such may sue and be sued, plead and be impleaded, an-
swer and be answered unto, defend and be defended ; may
have and use a common seal, which they may break and
alter at pleasure; and may purchase, hold and convey any
estate, real or personal, for the use of said company, and
may make by-laws, not inconsistent with any existing law,
for the regulation of its affairs ; and in addition to these
general powers, shall have authority by instrument under
seal, or otherwise,
Inrst. To make insurance on all descriptions of property,
against loss or damage by fire.
Second. To make insurance on all descriptions of boats
and vessels, the cargoes and freights thereof, and on bot-
tomry and respondentia interest, against the perils of marine
or inland navigation.
Third. To cause themselves to be reinsured against any
risk on which they may have insurance.
§ 2. The capital stock of said corporation shall be two
hundred thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in such installments as the
board of directors of said corporation may from time to time,
at their discretion, appoint and order, except as hereinafter
provided. The said capital stock may hereafter be increased
to an amount not exceeding one million dollars, in the dis-
cretion of the board of directors, and the stock of said cor-
poration shall be transferable on the books of said corporation
and not otherwise.
Boots op«nea. g 3. Books of subscription may be opened under the
direction of the board of directors as hereby constituted,
and when the amount of capital stock, as provided in the
foregoing section, shall have been subscribed, and five per
centum paid thereon, the said board of directors may declare
the company organized and proceed to call in such an in-
stallment of the stock as they may deem necessary, and for
the balance of such subscription may take bonds and mort-
gages on unincumbered real estate, or judgment notes of
responsible parties, in their discretion.
First board. § 4. The persons named in the first section of this act
shall constitute the first board of directors, and shall hold
Reinsurance.
Capital slock.
INSURANCE COMPANIES. 805
their offices until the first Monday of January next succeed-
ing the organization of the company, and until their suc-
cessors are elected ; and on the first Monday of January in Annual election.
each year during the continuance of said corporation, an
election of the directors thereof shall be held in the city of
Chicago, at such time and place as the existing board of di-
rectors may prescribe. The stockholders in said corpora- proxy vote,
tion, in person or by proxy, shall be entitled to one vote for
each share of stock held by them respectively at the time
of such election, and the persons to the number of nine, be-
ing stockholders, receiving the highest number ut' votes at
such election, shall be declared elected directors of said cor-
poration for one year, and shall hold their office until the
next annual election, and until their successors are elected.
A majority of the board shall constitute a quorum for the
transaction of business.
§ 5. The board of directors shall have power to fill any vacancies
vacancy that may occur in their own body, a plurality of
votes constituting a choice ; they shall also choose in the
same manner, previous to the annual election of direc-
tors, three inspectors of such election, whose duty it shall inspectors.
be to canvass the votes cast thereat and declare the result.
The said inspectors shall also be judges of the qualifications
of voters. Notice of such election shall be given by publi-
cation in one or more daily newspapers, published in Chi-
cago, at least two weeks previous thereto, over the signa-
ture of an officer of the company.
§ 6: The directors, when chosen, shall meet as soon as officers chosen.
may be after every election, and shall choose out of their
number a president and a vice president, who shall hold
their office until the election of directors ; they shall also
have the power to appoint a secretary and all subordinate
officers of said corporation, to fix their compensation, define
their powers and prescribe their duties.
§ 7. All policies of insurance made by said corporation Policies,
shall be subscribed by the president, or in case of his death
or absence, by the vice president, and countersigned by the
secretary of said corporation, and all losses arising under
any policy so subscribed may be adjusted and settled by the
president and secretary, under such regulations and orders
as the board of directors may from time to time prescribe.
§ S. Nothing in this act contained shall authorize said Banking forbid,
corporation to receive deposits, loan money, or to do any
other banking business.
§ 9. The office of said company shall be located and nomc office.
kept in the city of Chicago, but the officers of said company
may appoint such agents in other places as they may deem
necessary.
§ 10. The board of directors may from time to time, in Dividends,
their discretion, estimate the profits that have accrued in
806 INSURANCE COMPANIES.
their business, and declare such a dividend thereof to the
stockholders of said company as they may deem desirable.
§11. This act is hereby declared a public act, and shall
Proviso. take effect from and after its passage : Provided, that if the
corporation created by this act shall not be fullv organized
within one year alter the passage hereof, then tiiis shall be
null and void.
Approved February 16, 1865.
In force Feb. 15, AX ACT to incorporate the United States Insurance Company.
1805.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That J. M.
corporators. Bailey, George H. Fullerton, Charles ButJer, Julius Bastress,
A. P. Long, and all other persons who may hereafter asso-
ciate with them in the manner herein prescribed, shall be
and are hereby constituted a body corporate and politic, by
Name and style the name and style of the " United States Insurance Corn-
Powers, pany," and by that name may sue and be sued, appear, pro-
secute and defend in any court of record, or other court or
place whatsoever ; and may have and use a common seal,
and alter, break and renew the same at pleasure ; may pur-
chase and hold such real and personal estate as may be
necessary to effect the objects of their association, and may
Proviso. sell and convey the same at pleasure : Provided, such real
estate shali>not exceed in value at any one time the sum of
ten thousand dollars, except such as may be taken for debts
• due the company, or as a part of the guarantee capital ; may
make, establish and put in execution such by-laws, ordi-
nances and resolutions, not being contrary to the laws of
this state or of the United States, as may be necessary or
convenient for their regulation and government and for the
management of their affairs, and do and execute all such
acts and things as may seem necessary to carry into effect
proviso 2. the provisions of this act : Provided, that if the corporation
hereby created shall not organize within one year from the
passage of this act, then this act shall be null and void.
Directors. § 2. The affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more
than twenty-one members or stockholders, as may be regu-
lated by the by-laws of said company ; and said directors
shall be chosen by ballot from among the members or stock-
ciuorum. holders of the company ; and the said directors are autho-
rized to lix, by by-law or otherwise, how many of their
number shall constitute a quorum for the transaction of
business.
INSURANCE COMPANIES. 807
§ 3. The persons named in the first section of this act Annual election.
are hereby constituted a board of directors, to serve as such
until the first annual election, and until others are chosen,
and are authorized to fill up their number to any number
not exceeding twenty-one, which annual election shall be
held on the second Tuesday in April in each year. Such Time and place
election shall be held at the office of the company, at such of electIon-
hour of the day as the directors shall for the time being ap-
point, notice of which shall be given in one of the newspa-
pers printed in the county of Stephenson at least ten days
immediately preceding such election ; and such election
shall be holden under the inspection of three members or
stockholders, to be appointed previous to every election by
the executive committee ; and such election shall be made
by a plurality of the votes of the members and stockhold-
ers, or their proxies, allowing each member one vote for
each policy by him, her or them held and in force in this
company, and each stockholder one vote for each share of T^m of office,
stock. The board of directors shall hold their offices for
one year and until others are chosen, and vacancies occur-
ring in the board may be filled at any of their meetings.
§ 4. The board of directors shall elect a president, vice Officers.
president, secretary and treasurer, who shall hold their re-
spective offices for one year or longer, as may be regulated
by the by-laws, and until others are chosen. The board of
directors may also appoint an executive committee from
among their own number, and such committee, when the
board is not in session, may exercise all the powers vested
in this company, except when the company has by its by-
laws otherwise provided. The board of directors may ap-
point examiners, agents and such other officers as they may
deem necessary, who shall hold their offices during the plea-
sure of the board.
§ 5. If it shall at any time happen that the election of Elections.
directors shall not be held or made on a day when, pursuant
to this act, it ought to have been held or made, this corpora-
tion shall not for that cause be deemed to be dissolved, but
it shall be lawful on any other day to hold and make an
election of directors, notice of which shall be given as herein
prescribed.
§ 6. The rates of insurance shall be fixed and regulated Rates.
by the board of directors, and premium notes may be re-
ceived from the insured, which shall be paid at such time or
times, and in such sum or sums as the directors shall from
time to time require for the payment of the debts of the
company. The directors may also fix the amount that each
party shall pay at the time of insuring, and may make the
premium for insurance payable in installments, upon such
terms and conditions as may be regulated by the by-laws of
the company ; and any party applying for insurance, so
808
INSURANCE COMPANIES.
losses, how
justed.
Dividends.
Members,
far liable.
how
Applications.
Reinsurance.
Home office.
Actions.
Failure to j
assessments.
Suits.
electing, may pay a definite sum of money, in full for said
insurance and in iieu of a premium note.
§ 7. If it shall so happen that the whole stock and con-
tributions of this company be insufficient to pay and satisfy
all losses and expenses, in such case a just average shall be
made, and the payment to be demanded, by virtue of any
policy, shall be a dividend of such stock and contributions,
in proportion to the amount of losses and expenses.
§ 8. The directors may divide the whole or any part of
the profits arising from the business of the company, with
the parties insured, upon such terms and conditions as they
may judge that the interests and welfare of the company
require.
§ 9. The members of this company shall be and are
hereby bound and obliged to pay their proportion of all
losses and expenses happening and accruing during the time
for which their policies were issued, to the amount of their
premium notes and cash premiums, and no more ; and when
the premium is payable in installments and any one install-
ment or note is not paid when due, the whole of the install-
ments or notes given for such insurance shall be deemed to
be due and payable, and the said company may sue for and
recover the amount of such installments or notes.
§ 10. Applications for insurance shall state the facts and
circumstances affecting the risk, and the statements made in
the application shall be binding on the insured, and a war-
rantee on his, her or their part.
§ 11. It shall be lawful for this company to reinsure any
risk, or any part of any risk, in which they have made in-
surance.
§ 12. The home office of this company shall be located
in Freeport, in the county of Stephenson, but no policy
shall be issued by the company until applications have been
received for insurance for at least thirty thousand dollars.
§ 13. When an action is brought for the recovery of any
assessment on any premium note, or on any note for pre-
mium given to this company, the certificate of the president
and secretary, under seal of the company, stating the amount
due the company on such note or notes, shall be taken and
received as prima facie evidence thereof in all courts and
places whatsoever.
§ 14. In case any member of this company shall neglect
or refuse to pay his, her or their assessment, as levied by
the directors, for the space of thirty days after notice there-
of, his, her or their policy shall be void and of no effect.
§ 15. Suits at law may be maintained by this company
against any of its members or stockholders, and suits may
also be maintained by any member or stockholder against
this company ; and in any such suit, any member or stock-
holder shall be admitted as a competent witness for and in
behalf of the company.
INSURANCE COMPANIES. 809
§ 16. It shall be lawful for the secretary of this company Deputy,
to appoint a deputy, which appointment shall he approved
by the board of directors.
§ 17. The said company shall have power to make insu- Ei3ks-
ranee and. take risk on all kinds of property, and may take
any kind, of risk that they may deem proper, (except to in-
sure the lives of persons,) and charge and receive such pre-
miums therefor as may be agreed by and between the par-
ties.
§ 18. For the better security of policy holders, the said Guarantee capi-
company may receive a guarantee capital to any amount not
exceeding one hundred thousand dollars, which shall be di-
vided into shares of one hundred dollars each, and shall be
entitled to representation at elections of directors, in the
ratio of one vote for each share, and shall be secured by
mortgages on unincumbered real estate, bonds, stocks or other
securities, satisfactory to, the board of directors ; said capital
shall be liable for the losses of the company whenever the
premiums paid or agreed to be paid are insufficient to pay
the same ; and the said company may pay an interest on
said capital, but not to exceed seven per cent., per annum,
or may make dividends of the profits of the business to the Dividends,
stockholders ; and assessments made on such capital shall be
reimbursed from the funds of the company before any divi-
dends of profits shall thereafter be made to policy holders.
§ 19. The board of directors may invest and employ the investment of
funds of the company in such way and manner as they may
judge that the interests and welfare of the company require,
but nothing contained in this act shall be so construed as to
authorize said company to engage in any banking business,
or to issue any notes or certificates to circulate as money or
currency.
§ 20. The business or risks of the company may be divi- classes of risks,
decl into two or more classes or departments, upon such con-
ditions as may be regulated by the by-laws.
§ 21. This act shall be deemed a public act, and shall Fifty years term,
take effect and be in force from and after its passage, and
continue fifty years.
ApppwOved February 15, 1865.
AN ACT to incorporate the United States Travelers' Insurance Company. In force Feb. 16,
* : 1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, An-
drew J. Hunter, James P. Root, Walter S. Frazier, Francis corporators.
H. Benson and Henry W. Webb, are hereby created a body
corporate and politic, by the name and style of " The Uni- Name and style.
S10
INSURANCE COMPANIES.
By-laws.
Capital stock.
First board.
Suits.
Proxy votes.
Quorum.
Home office.
ted States Travelers' Insurance Company;" and, as such,
corporation, shall have perpetual succession; and shall have
power to sue and be sued, plead and be impleaded, answer
and defend in any and all the courts of law and equity in
this state ; and said corporation may have a common seal,
which they may alter and change at pleasure; and may
make and ordain and establish such by-laws, rules and reg-
ulations, for the management of its affairs, as it may think
proper, not contrary to the laws of this state or of the Uni-
ted States, and may, at its pleasure, amend, alter and repeal
the same.
§ 2. The capital stock of this corporation shall be one
hundred thousand dollars, with power to increase the same
to any amount not exceeding one million dollars, and shall
be divided into shares of one hundred dollars each ; but
this corporation shall be entitled to enjoy all its franchises
whenever fifty thousand dollars shall be subscribed and ten
per cent, is paid in cash — the balance to be secured, to the
satisfaction of the board of directors, by mortgage on real
estate or United States bonds, Illinois state stock, or stocks of
national banks ; no mortgage to be taken for more than two-
thirds of the cash value of any real estate.
§ 3. The persons named in the first section of this act
shall be the first board of directors, and hold their of-
fice until the first annual election for directors. The cor-
poration hereby created shall have power to make insurance
against accidents of all kinds, whether by railway or other-
wise, whether said accidents be fatal or non-fatal, both upon
persons and upon live stock or property of any description,
and charge and receive such premiums therefor as may be
agreed upon by and between the parties, either upon the
mutual or stock plan, or both, and may cause themselves to
be re-ins ured against any risk on which they have made in-
surance or any part thereof.
§ -f. Suits at law may be maintained by this company
against any of its members or stockholders, and suits may
also be maintained by any member or stockholder against
this company.
§ 5. At the election for directors each stockholder shall
be entitled to one vote for each ; hare of stock held by him,
her or them, either in person or by proxy; and the directors
shall be stockholders and residents of this state. The direc-
tors shall have power to fill any vacancies in the board of
directors, whether caused by death, removal, or refusal to
act for the space of three months. And the business of
this corporation shall be managed by a board of directors of
not less than five nor more than forty; and a majority shall
form a quorum, unless their number be over thirteen ; but
when it consists of a larger number, seven shall form a quo-
rum for the transaction of business. The home office of
said company shall be opened in the city of Chicago ; but
INSURANCE COMPANIES. 811
said company may establish agencies at such other places as Agents.
they may deem expedient, and may open their office for the
issuing of policies or the sale of tickets in any other city in
this state, and may extend their business to any other state
or country. The directors shall elect from their number a
president, vice president and treasurer, who shall hold their
offices for one year or until their successors are elected and
qualified; and they may appoint such other officers and
agents as they may deem expedient; and may do and trans-
act all suclv"things as may be necessary to carry into full effect
the purposes and intentions of this act. The annual election Annual election
for directors shall be held on the first Monday in January
in each year, or at such other time as the directors may
appoint.
| 6. The capital stock of the corporation shall be deemed stock assignable
personal properly, and transferable only upon the books of the
corporation ; and no stockholder shall be permitted to trans-
fer his, her or their capital stock while he, she or they are
indebted to the corporation.
§ 7. The said corporation may issue policies for such Policies,
length of time and such amounts as may be agreed upon
and specified in their several policies, or they may sell tick-
ets for trips, or for a specified length of time, for such sum
or sums as may be agreed upon. The conditions printed or
written upon any policy or ticket shall be binding upon the
parties receiving them ; and any policy or ticket that shall
have been paid for and signed by the president or vice-pres-
ident and countersigned by the secretary of said corporation,
shall be binding upon said company, according to the terms
and conditions expressed in writing or printing in such pol-
icies or tickets.
§ 8. Said corporation may purchase and hold such real May hold real
estate as may be convenient for the transaction of its busi-
ness, and, also, may have and hold any real estate as secu-
rity, by mortgage or otherwise, to secure the payment of
debts due in good faith to said company, either for shares of
capital stock or otherwise; also, to purchase real estate at
any sale in virtue of any judgment in law, decrees in equity
or deeds of trust in favor of said company, and to invest
and employ the funds and property of said corporation in
United States stocks, or stocks of this state, or in stocks or
bonds or orders of any city or county in this state, or in
such other way as they shall deem for the interest aud secu-
rity of the corporation. And it shall be the duty of any
one meeting with an accident, non-fatal, to notify the secre-
tary of the company, without delay, and, if fatal, the party
or parties interested must notify said officer as soon as the
circumstances will permit.
§ 9. Unless the said company shall be organized within shaii organize in
twelve months after the passage hereof, this act shall be
null and void.
S12 INSURANCE COMPANIES.
§ 10. This act shall be and is hereby declared to be a
public act, and shall be construed liberally for all the pur-
poses therein granted, and shall take effect and be in force
from and after its passage.
Approved February 16, 1805.
In force Feb. 1#, AN ACT to incorporate the Valley Insurance Company.
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented, in the G-eneral Assembly, That ¥ni.
corporators. p. Holliday, A. B. Safford, Daniel Able, Alexander Ii.
Irvin and David J. Baker, jr., their associates and succes-
sors, and all such persons as shall become stockholders, be, and
they are hereby created a body, corporate and politic, by the
Name and style, name and style of " The "V alley Insurance Company." The
corporation may have a common seal, and power to appoint
all such servants and agents as it may deem necessary ; and
By-iaws. may make, and ordain, and establish such by-laws, rules and
regulations, for the management of its affairs, as it may
think proper, not inconsistent with the laws and constitu-
tion of the United States and the state of Illinois, and again,
at its pleasure, to amend, alter and repeal the same, and to
have process, and enjoy all the rights, privileges and immuni-
ties, necessary to effectuate the purposes of this act, and to
Rights and piivi- be recognized in all its rights and powers, without pleading
the same, in all the courts of the state of Illinois. The home
office of said company shall be at Cairo.
capital stock. § 2. The capital stock of this company shall be one
hundred thousand dollars, with power to increase the same
to any sum not exceeding five millions of dollars, by a vote
of a majority in interest of the paid stock at the date of
such vote, which shall be divided into shares of one hundred
dollars each, and which shall be deemed personal property,
and transferred on the books of the company only, under
such regulations as may be adopted by the company.
Books of sub- § 3, Books of subscription may be opened under the di-
Boription. ° . „ . . i i i ,• 1 • i i
rection of a majority of the board of directors as hereby
constituted ; and when the amount of capital stock, as pro-
vided in the foregoing section, shall have been subsbribed
and ten per cent, thereof actually paid in cash, the said
board of directors may declare the company organized.
First board. g 4. The persons named in the first section of this act,
shall constitute the first board of directors, in whom all the
powers of the corporation, not otherwise herein specially
limited and provided, shall be vested, and shall hold their
office until the first Monday in June next succeeding the
organization of the company, and until their successors are
INSURANCE COMPANIES. 813
elected ; and on the first Monday of January, in each year,
during the continuance of said corporation, an election of Time ana place
directors thereof shall be held in the city of Cairo, at such of electlon'
time and place as the existing board of directors may pre-
scribe. The stockholders in said corporation, in person or
by proxy, shall be entitled to one vote for each share of
stock held by them respectively, at the time of such election;
and the persons, to the number of seven, being stockholders,
receiving the highest number of votes at such election, shall
be declared elected directors of said corporation for one year,
and shall hold their offices until the next annual election, and
until their successors are elected. A majority of the board Quorum.
shall constitute a quorum for the transaction of business. The
board of directors may choose one of their number president,
and another vice president, also secretary and a treasurer, and
such other officers and agents as they may deem necessary,
and whose qualifications, duties and compensation, and
term of office may be fixed and prescribed in the by-laws,
regulations and resolutions of the board of directors, from
time to time.
§ 5. The said company shall have power to make insu- Powers of insu-
rance against loss by fire on any and all kinds of property, ran,se"
houses and fixtures ; to make insurances, and take all and
any marine risks, and to take all risks and make insurances
of lives, and to fix, charge and receive such rates of pre-
mium therefor, as may be agreed upon between the parties ;
and any or either of the risks and insurance, fire, marine or
life, may be done upon the mutual or stock principle, or upon
both together ; and the said company shall have full power
to make reinsurance of any of its risks.
§ 6. The corporation may declare dividends ; but at Dividends,
least, one-half of all dividends shall be applied in payment
of the capital stock subscribed, until the amount subscribed
by each shareholder shall have been paid up in full by the
dividends declared upon the stock, and so of the stock sub-
scribed from time to time ; and the capital stock may be
called in as may be required by the by-laws.
§ 7. The company may invest any surplus capital or surplus capital,
other money on hand, in any kind of stocks or other secu-
rities deemed safe, or in real estate, bonds and mortgages,
or may loan the same, at any rate of interest not exceeding-
ten per cent. The company may own such real estate as
may be needful to transact its business, and may take, hold,
sell and convey such other real estate as may be necessary
to secure any loan or debt due by judgment or otherwise.
In all cases of loss exceeding the property and paid stock of
the company, each shareholder shall be liable on the amount
and to the amount of unpaid stock from each, and not other-
wise.
§ 8. Said company may establish agencies, and do all Agencies.
such acts, by and through them, according to the powers
S14: INSUKANCE COMPANIES.
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine and
prescribe in the by-laws the number of its directors, manner
of making applications, and the terms and conditions of the
policy, and the manner of adjusting losses. The board of di-
rectors may prescribe the manner in which the unpaid stock
proviso shall be secured. This act shall be deemed a public act, and
take effect from and after its passage : Provided, however,
that if the corporation hereby created shall not be organized
within twelve months after the passage hereof, the rights
hereby granted shall cease and determine, and. this act shall
be and become null and void.
Approved February 13, 18G5.
In force Feb. IS
1S65.
AN ACT to incorporate the Warren County Home Insurance Company.
Section 1. Be it enacted by the People of the State of
Name and style. Illinois, represented in the General Assembly, That there
shall be established, in the city of Monmouth, an insurance
company, to be called "The Warren County Home Insu-
General powera. raTlce Company."'
§ 2. All such persons as shall hereafter be stockholders
of said company, shall be and they are hereby declared to
be a body corporate and politic, by the name and style of
"The Warren County Home Insurance Company," and by
that name and style shall be competent to contract and be
contracted with, and be capable in law and equity to sue and
be sued, to plead and be impleaded, answer and to be an-
swered unto, defend and be defended, in ail courts and
Seal- places, in all matters whatsoever.
§ 3, The said corporation may have and use a common
seal, which they may alter and change or break at pleasure,
r,y laws. an(] raay also make and establish and put into execution
such by-laws, ordinances and regulations as shall, in their
opinion, be necessary for the good government of said corpo-
ration, and the prudent and efficient management of its affairs.
capital stock. § 4. The capital stock of said company shall be fifty
thousand dollars, to be divided into shares of fifty dollars
each, to be paid in such installments as the directors, chosen
under this act, may, from time to time, direct, under such
penalties as the president and directors may, in their dis-
incrcase of stock cretion, appoint and order. The capital stock may hereafter
be increased to an amount not exceeding three hundred
thousand dollars, in the discretion of a majority of the di-
rectors of the said incorporation, to be subscribed for and
taken under the direction and superintendence of the presi-
dent and directors, aforesaid, or by their agents duly ap-
INSURANCE COMPANIES. 815
pointed. The stock of said incorporation shall be assign a- stock assignable.
ble and transferable according to such rules as shall be
adopted, in that behalf, by the by-laws and ordinances
thereof.
§ 5. The corporation hereby created shall have power insurance.
and authority to make marine insurance on vessels, goods
and merchandise, freights, moneys transmitted by mail or
otherwise, bottomry,, respondentia interest, and on all marine
lisks and inland navigation and transportation, and against
all losses by lire of any building or houses whatsoever, and
vessels on the stocks. They shall, also, have power to loan
to any citizen of this state any portion of the capital stock
or moneys on hand, on bottomry, bond, mortgage of real es-
tate or other satisfactory security, at their discretion, at such
rates of interest or discount, according to bank usage of dis-
count, as they may deem right and proper; and they may, Reinsurance,
also, cause themselves to be reinsured against any marine
risk upon which they may have made an insurance, and up-
on the interest which they may have in any vessel, goods,
or merchandise, or buildings, or houses, in virtue of any
such insurance, whether on bottomry, respondentia, or other-
wise, on such terms or conditions as may be agreed upon
by the parties, and to fix the premiums and times of pay-
ment : Provided, that if the corporation created by this act
shall not organize within one year after the date of the pas-
sage hereof, then this act shall be null and void.
§ 6. All policies of insurance by them made shall be Policies,
subscribed by the president, or in case of his death or ab-
sence, by the vice-president and countersigned by the secre-
tary of the said company ; and all losses arising under any poli-
cies so subscribed and countersigned may be adjusted and
settled by the president and board of directors of the said
company.
§ 7. The said corporation may purchase and hold such Hold and sen
i . i j i i. i i real estate.
real estate and personal property as may be necessary to
carry on an insurance business, and may sell and convey
the same ; and the said corporation shall be located at the
city of Monmouth, in this state ; and may take and hold any
real estate or securities, mortgaged or pledged, of the said
corporation, to secure the payment of any debt due, or to
become due to it ; and, also, to purchase in sales made by
virtue of any judgment at law, or any decree of a court of
equity or otherwise ; to take and receive any real estate in
payment or towards satisfaction of any debt previously con-
tracted or due to the corporation, and may sell and convert
the same into money or other personal property, and to sell
and convey any such real estate or any part thereof.
§ 8. That John A. Young, Ivory Quimby, James G. open books.
Madden, Henry M. Boggess and John Langdon are hereby
appointed commissioners for superintending subscriptions
to said capital stock; and the said commissioners, or a ma-
816
INSURANCE COMPANIES.
jority of them, shall open one or more subscription books,
at such time and place, or places, as they or a majority of
them may appoint and think proper. The books may be
closed whenever the whole of the said stock shall be sub-
scribed; and whenever a board of directors shall be duly
elected, the said commissioners shall deliver over to said
board, the whole amount of any moneys by them or either
of them received, and all the subscriptions, books and pa-
pers pertaining to the same.
Directors. § 9. The stock, property and concerns of the said incor-
poration shall be controlled and managed by five directors,
who shall be chosen by the stockholders of the said compa-
ny, under the superintendence of the commissioners, or a
majority of them, and who shall hold their offices for the
term of one year, and until their successors are elected, and
enter upon the discharge of their duties, and who shall, at
the time of their election, be holders, respectivel}7, of not
less than ten shares of the capital stock of the said company.
Annual election. § 10. The directors for any subsequent year shall be
elected on the first Monday of May of each year, and at
such time of the da}r, and at such places within the city of
Monmouth, and under the direction of such persons as a
majority of the directors, for the time being, shall appoint,
and by a resolution to be entered on their minutes.
Elections. § 11. All elections shall be by ballot, allowing one vote
to each share of the capital stock, and the five persons who
shall have the greatest number of votes shall be the direc-
tors. If, at any election, two or more persons shall receive
an equal number of votes, so as to leave their election unde-
cided, then the directors who shall have been duly elected
shall proceed by ballot, and by a plurality vote, determine
which of said persons, so having an equal number of votes,
shall be director or directors, so as to complete the whole
vacancies. number; and whenever any vacancy shall happen for the
office of president, vice-president or director, from death or
other cause, said vacancy shall be filled for the remainder
of the year in which it shall happen, by the directors, for the
time being, or a majority of them. The said commissioners,
as provided for by this act to superintend elections, shall
certify, under their hands and seals, the persons elected,
and deliver such certificates to the persons so elected, or to
some one of them ; and if, from any cause, said directors
shall not be chosen on the first Monday of May, as aforesaid,
it shall be lawful to choose them on any other day in the
manner herein provided.
officer. § 12. The directors, when chosen, shall meet as soon as
may be after any election, and shall choose out of their
number a president, who shall be sworn or affirmed faith-
fully to discharge the duties of the office, and shall preside
for one year and until another person is chosen in his stead,
and, also, for a vice-president for the same time. They shall
INSURANCE COMPANIES. 817
have power to appoint a secretary and all subordinate offi-
cers of said corporation, fix their compensations, define their
powers and prescribe their duties ; who shall give such bonds
and in such penal sums, with such conditions and with such
securities as the directors shall prescribe, and hold their sev-
eral offices during the pleasure of said directors.
§ 13. The president, or the vice-president in the ab-
sence of the president, and any two of the directors, shall
be competent to the transaction of business, and all ques-
tions shall be decided by a majority of the votes.
§ 14. It shall be the duty of the directors of the said Dividends,
company, at such times as the by-laws thereof shall pre-
scribe, to make dividends of so much of their interest and
profits arising from the business and capital stock of said
company, as to them shall appear advisable, and at each an-
nual meeting of the stockholders for the election of officers,
the said board of directors shall lay before the stockholders
a full and accurate report of the business of the preceding
year, and of the condition of the company. If, at any time, when debits ex-
the losses shall exceed the profits and interest arising from ceedassets-
the business of the said company, and the capital stock paid
in, no dividends shall be paid to the stockholders, until the
said profits, interest and capital stock paid in, shall be in
excess of the losses.
§ Id. This act is hereby declared to be a public act, and
shall be in force and take effect from and after its passage,
and shall be liberally construed for every purpose therein
contained.
§ 16. The stock in this corporation shall be deemed per- stock personal,
sonal property, and no transfer of the same shall be valid
whilst the holder is indebted to the corporation.
§ 17. The said corporation shall not take any risk, nor no risk taken
subscribe any policy, by virtue of this act, until one-tenth j^o'ck paidln?1
part of the capital stock thereof shall have been actually
paid in.
Approved February 15, 1865.
A.N ACT to incorporate the " Western Phoenix Insurance Company." In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That from
the time this act shall take effect, J. C. Lawver, A. H. corporators.
Stone, A. M. Lawver, John Buck, Chas. P. Hunt, and all
other persons who may hereafter associate with them in the
manner herein prescribed, shall be a body politic and cor-
porate, by the name and style, "Western Phoenix Insurance Name and style.
Company," and by that name may sue and be sued, plead Powers.
—60
INSURANCE COMPANIES.
Seal.
By-laws.
Insurance.
Members.
Directors.
Quorum.
Annual election.
First directors.
and be impleaded, appear, prosecute and defend in any
court of record or other court or place whatsoever; may
have aud use a common seal and alter and renew the same
at pleasure ; may purchase and hold such real and personal
estate as may be necessary to effect the objects of their cor-
poration and association, and sell and convey the same at
pleasure ; may make, establish and put in execution such
by-laws, ordinances and resolutions, not being contrary to
the laws of this state or of the United States, as may seem
necessary or convenient for their regulation and govern-
ment, and for the management of their affairs ; and do and
execute all such acts and things as may be necessary to
carry into effect the purposes of this act.
$$ 2. This company may make insurance on all descrip-
tions of property against loss or damage by fire, 1 ghtning,
wind, rain, flood, or the risks of inland navigation and trans-
portation, and may cause themselves to be reinsured upon
the whole or in part of any risk on which they may have
made insurance. Said company may divide applications
for insurance into two or more classes, subject to such regu-
lations as may be determined upon by the board of direc-
tors ; may issue policies of insurance for any period not ex-
ceeding ten years.
§ 3. All persons who shall at any time be insured
in this company, shall be members thereof during the
continuance in force of their respective policies, and no
longer, and shall at all times be bound by the provisions of
this act.
§ 4. The affairs of said company shall be managed by a
board of directors, to consist of not more than fifteen nor
less than three members, as may be regulated by the by-
laws of said company. A majority of the whole board shall
constitute a quorum for the transaction of business. The
directors in said company shall be chosen by ballot from
among the members of said company, on the first Monday
of April of each year, and such election shall be made by a
plurality of the votes of the members present, or their prox-
ies, allowing one vote for each policy held and in force at
the time of the members offering to vote. Such election
shall be held in the office of the company at such hour of
the day as the directors may appoint, and shall be held un-
der the inspection of three members of said company, to be
appointed previous to every election by the directors of said
company. The persons named in the first section of. this
act shall be and they are hereby constituted a board of di-
rectors for said company, to servo as such until the first an-
nual election of directors herein provided for, and until others
are elected. The board of directors shall have power to ap-
point an executive committee to consist of not less than three
directors, who shall have all the powers of the board of direc-
tors when the board of directors are not in session, and all con
INSURANCE COMPANIES. 819
tracts or obligations signed by a majority of such executive
committee, shall be as binding as though done by the board
of directors. Said directors shall elect a president, vice officers,
president, secretary and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be deter-
mined by the by-laws of said company, and until others are
chosen in their places. The directors are hereby authorized Proxy votes,
to provide a form for the appointment of proxies, and to
specify the evidence that may be required of the execution
thereof.
§ 5. The secretary of said company may appoint a deputy, Deputy,
whose powers shall be set forth in his certificate of appoint-
ment, and entered upon the record books of said company.
The secretary may also appoint subordinate officers, agents
and examiners.
§ 6. The rates of insurance shall be fixed by the board of Rates of insu-
directors or executive committee of said company, and any
person applying for insurance may pa}' a definite sum of
money, in full for said insurance, or may deposit a premium
note for such sum or sums of money as shall be determined
upon by the directors or executive committee of said com-
pany, a part of which note shall be immediately paid for the
purpose of discharging the incidental expenses of said com-
pany, and the remainder of said deposit note shall be made
payable, in whole or in part, at such time or times when
the directors shall deem the same necessary for the pay-
ment of losses or other expenses, and, at the expiration of the
term of insurance, the said note, or such part of the same as
shall remain unpaid after deducting all losses or expenses
occurring during said term, shall be relinquished and given
up to the signer thereof. The cash premiums, together cash pre**umi.
with the premium notes, shall constitute the capital stock
of said company, which may be increased as hereinafter
provided.
§ 7. The directors of said company may levy an assess- Assessments,
ment upon the premium notes, at any time they may deem
it necessary for the payment of losses and expenses.
§ 8. The members of this company shall be and are Members bound,
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies were issued and in force, and to the amount of
their respective premium notes, and no more.
§ 9. Whenever any assessment is made upon any pre- Whe° p°Ucv lt
mium note given to said company, and the maker thereof
shall refuse or neglect to pay the amount claimed by said
company for the space of thirty days after notice of such
assessment, which notice shall be given in the manner pre-
scribed by the by-laws of said company, his, her or their
policy shall be null and void, and of no effect until such
payment is made.
820
INSURANCE COMPANIES.
Meetings.
12.
All meetings of the board of directors and execu-
tive committee are to be called in the manner prescribed by
the by-laws of said company.
Record. § 13. The records of said company shall be competent
evidence in any suit between the corporation and a member
or members thereof. All process against said company
shall be served upon the president, secretary or directors of
said company.
suits. § 14. In all suits by or against said company, any mem-
ber thereof shall be a competent witness, except in suits in
which such member shall be a party in his individual capa-
proviso. city, : Provided, he, she or they be not otherwise disqual-
ified.
Dividends. g 15. The directors may divide the whole or any part
of the profits arising from the business of the company with
the parties insured, on such terms and conditions as they
may judge the interest and welfare of the company re-
quire.
§ 16. The home office of said company shall be in the
city of Chicago in the state of Illinois, as a majority of the
directors may elect. Said company may do business at any
other place by agency.
Assignment ot § 17. When any property insured by this company shall
property sold!'1 be alienated, by sale or otherwise, the policy shall thereupon
be void ; but in such case it shall be lawful for such insured
to assign and deliver to the purchaser or purchasers such
policy of insurance, and such assignee or assignees shall have
all the benefits of such policy, and may bring and maintain
a suit thereon, in his, her or their own names : Provided, that
before any loss happens, he, she or they shall obtain the
consent of the secretary of said company, and have the same
indorsed on or annexed to the said policy of insurance.
§ 18. If any alteration shall be made in any house or
building by the proprietor thereof after insurance has been
made thereon with said company, whereby it may be ex-
posed to greater risk or hazard from lire than it was at the
time of making the insurance thereon, then, and in every
such case, the insurance made upon such house or building
shall be void, unless an additional premium and deposit, after
such alteration, be settled with and paid to the secretary of
said company ; but no alterations or repairs in buildings
not increasing such risk or hazard, shall in anywise affect
the insurance previously made thereon.
Losges. § 19. in case any building or buildings situated upon
leased lands, and insured by said company, be destroyed by
fire, and the owner or owners thereof shall prefer to re-
ceive the amount of said loss in money, in such cases the
directors may retain the amount of the premium note given
for the insurance thereof until the time for which insurance
was made shall have expired, and at the expiration thereof,
the assessed shall have the ric;ht to demand and receive such
Proriso.
Change in build
lngs.
INSURANCE COMPANIES. 821
part of said retained sum or sums as has not been expended
in losses and assessments.
§ 20. The directors shall settle and pay all losses within Payment losses.
three months after they shall have been notified, in writing,
by the party suffering, unless they judge it proper within
the time, to rebuild a house or houses destroyed, or repair
the damages sustained.
§ 21. AH vacancies in the board of directors may be vacancy,
filled by the remaining part of said board, from among the
members of said company.
§ 22. Nothing contained in this act shall be so construed Banking forbid,
as to authorize said company to perform any banking privi-
leges; and said act shall be void and of no effect unless the
company organize within one year after its passage.
§ 23. For the better security of the policy holders, the Guarantee fund,
said company may receive guaranty mortgages on real es-
tate, twice the value of the incumbrance, to be approved by
the board of directors, or by the executive committee there-
of, to an amount not exceeding two hundred and fifty
thousand dollars ; the makers whereof shall be paid in
consideration of such guaranty, a compensation, to be de-
termined by the board of directors or executive committee,
but not to exceed one per cent., per annum. Such notes
or mortgages shall be entitled to representation in the elec-
tion of directors in the ratio of one vote for every one
hundred dollars, and shall be liable for the losses and ex-
penses of said company, whenever the cash premiums or
premium notes are insufficient to pay the same; and assess-
ments made upon such capital shall be reimbursed from the
funds of the company before any dividends of profits shall
thereafter be made to the policy holders ; but in no case
shall the premium notes be assessed to reimburse said guar-
anty capital. Scrip certificates may be issued for such guar- scrip for fund,
antee fund, transferable only on the books of the company.
§ 24. This act shall be deemed a public act, and shall
be in force on and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the Western World Insurance Comnanv In force Feb. 16,
1865.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That J. TV".
Shaffer, John H. Addams, A. H. Wise, H. C. Burchard, J. corporators.
M. Bailey, Geo. F. DeForest, Wm. M. Buckley, Tolcott
Ormsbe and their associates, successors and assigns be,
and hereby are created a body corporate and politic, under
the name and style of " The Western World Insurance Name and style.
822
INSURANCE COMPANIES.
Powers.
By-laws.
Capital stock.
Books of
scription.
Company," and by such name may have perpetual succes-
sion ; may sue and be sued, implead and be impleaded,
answer and be answered unto in all courts and places what-
ever, and to have and use a common seal, and to renew
or alter the same at pleasure ; said company shall have
power to purchase, hold, employ and convey all such real
or personal property as shall be necessary for the conveni-
ent transaction of the business and affairs of said company,
and for the preservation and safe keeping of the books,
papers and records of said company, and, also, to make all
such by-laws, rules and regulations not inconsistent with the
constitution and laws of the United States or of this state,
as shall be necessary for the proper management, regula-
tion or control of the business or affairs of said company,
and amend or repeal the same.
§ 2. Said company shall have power to insure any and
all persons, companies and corporations against loss or
damage by fire, lightning or wind, to any dwelling house,
store, shop or other building, household furniture, merchan-
dise or other property, whether personal or real, and against
accidents of every description, both to persons or property,
and against all risks by inland navigation and transporta-
tion, of persons or property, including navigation and trans-
portation upon any and all the rivers, canals and lakes
within the United States of America, and the several British
provinces, in North America, belonging to the government
of Great Britain, and, also, including transportation upon
all railroads Authin the United States and said British pro-
vinces, and to all such acts and things appertaining to such
business of insurance as may be necessary for the proper
transaction of the same.
§ 3. The capital stock of said company shall not be less
than one hundred thousand dollars, and may be increased
to any sum not exceeding five hundred thousand dollars, to
be divided into shares of one hundred dollars each, and said
stock shall be personal property, and be assignable and
transferable only on the books of said company, under such
regulations as the directors may establish.
§ 4. The persons above named are hereby appointed
commissioners to receive subscriptions to the capital stock
of said company, and shall, as soon after the passage of this
act as they or a majority of them shall deem advisable, open
books to receive subscription to said capital stock, and when-
ever not less than one hundred thousand dollars of said
capital stock shall have been subscribed, and not less than
ten per cent, thereof actually paid in to said commissioners,
in good faith, in cash, said company shall be authorized to
become organized under this act, and to elect a board of di-
rectors, and to enter upon the transaction of said insurance
business.
INSURANCE COMPANIES. 823
§ 5. The board of directors shall be authorized to elect officers.
a president, vice president, secretary, treasurer and gen-
eral agent for the said company, and such other officers as
they may deem proper, and determine the term of office
and mode of election of the same ; to enact all by-laws,
rules and regulations of said company, and to provide for
the appointment of all such committees, attorneys, agents
and servants as to said board of directors shalt seem proper.
The first board of directors shall consist of nine members, Directors,
all of whom shall be stockholders of said company, and the
number of directors may thereafter be increased or dimin-
ished by said company, not, however, to be less than five
nor more than twenty-one, and no person shall be eligible
to the office of director who shall not, at the time of his
election, be the owner, in good faith, in his own right, of at
least five shares of the capital stock of said company ; and
in all elections, each share of said capital stock of said com-
pany shall be entitled to one vote.
$ 6. Said company, on becoming; organized and before certificate of or-
, ° , . . L J ' , j l j.- ganization.
transacting any insurance business under such orgaization,
shall file a certificate of such organization, specifying the
amount of capital stock subscribed, and the amount actually
paid in in cash, and the names of the first board of directors,
and the term of office for which they were elected, which
certificate shall be executed under the hands and seals of
said directors, and acknowledged by them before some
officer authorized to take the acknowledgment of deeds, and
recorded in the office of the clerk of the circuit court of the
county of Stephenson, and, on recording said certificate, when t0 organ-
said company shall be deemed fully organized and entitled
to enter upon and exercise and enjoy all the rights and
franchises conferred by this act, and said company shall have Rates of insu-
power to charge and receive for insurance as provided in iaQCe'
this act, such premium or premiums as shall be agreed upon
between the parties.
§ 7. The board of directors shall have power, from time Payment of stock
to time, to require the payment of additional installments of
said capital stock until the whole of said capital stock shall
be paid in, and the real and personal property of each stock-
holder shall be held liable for any and all losses and liabili-
ties of said company to the amount of stock subscribed by
him and not paid in, and no more ; and the said directors investment of
may cause said capital stock to be invested in the bonds of
the United States or this state, or in the stocks of any national
bank organization, under any law of congress, or in mort-
gages upon real estate. Said land in all cases to be unin-
cumbered and to be worth at least fifty per cent, more than
the amount secured thereon, and said company may, under
such rules as said directors may prescribe, make dividends
to said stockholders of the net profits of the businessof said
company.
821: INSURANCE COMPANIES.
Homeoffice. § 8. The principal office of said company shall be loca-
ted in the city of Freeport, in said county of Stephenson ;
but the officers of said company may appoint such agents
in other places as they may deem necessary.
May hold and g 9. Said company shall have power to receive, hold,
sell and convey all such property, personal or real, as shall
be mortgaged, pledged, sold or conveyed to them in secu-
rity or payment of any indebtedness due, in good faith, to
said company, or in any manner, in good faith, owing to
them or conveyed to them under any sale, by virtue of any
legal process, decree or order of any court made for, and
upon any such indebtedness.
Policies. § 10. All policies of insurance issued by said company,
shall be signed by the president, or vice president, and se-
cretary, and all such policies shall be valid and binding on
said company.
Annual election. § n. A statement of the true condition of the company
shall be made to the stockholders each year by the officers
thereof, under oath, at the time of the annual election of
directors.
when act void. § \9,. Unless the said company shall be organized within
twelve months after the passage of this act, then this act shall
be null and void, and nothing herein contained shall be con-
strued so as to permit said company to do banking business, or
exempt said company from the operations of such general
laws as may hereafter be passed upon the subject of insu-
rance companies
§ 13. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved February 10, 1865.
In force Feb. 16, AN ACT to amend an act entitled "An act to incorporate the Wine-
1865. chiek Insurance Company."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Guarantee capi- guarantee capital of this company may be increased to a
lta1' sum not exceeding five times the amount heretofore authori-
zed : Provided, no compensation or dividend shall be allowed
upon such increased guarantee capital.
roiicies. § 2. All policies shall be deemed in force until surren-
dered to the company for cancellation, subject, however, to
' the stipulations contained in the policy.
classes of risks. g 3. Saicl company may divide their risks into two or
more classes : the fire and lightning risks to compose the
first class ; the wind risks, the second class, and no premium
note shall be liable to assessment except for the purpose of
INSURANCE COMPANIES. 825
discharging indebtedness accruing in the class to which it
belongs.
§ 4. The guarantee capital shall not be liable for the
payment of indebtedness accruing in the second class ; (i. e.
wind risks.)
§ 5. This act shall be deemed a public act, and take
effect from and after its passage.
Approved February 16, 1865.
AN ACT to incorporate the North-Western Travelers' Insurance Company, in force Feb. 16,
1SC5.
Section 1. Be it enacted by the People of the Slq-te of
Illinois, represented in [the'] General Assembly, That "Wil-
liam H. Brown, Corydon Beckwith, Koswell B. Mason, corporators.
Henry W. Blodgett, John Y. Farwell, John Tyrrell, Ed-
ward H. Williams, U. H. Crosby and Henry W. Bishop,
jr., and all others who may become associated with them as
stockholders, as is hereinafter provided, their successors and
assigns forever, be and they hereby are created and made a
body corporate and politic, for the purpose of insuring
against, and to make all and every insurance connected
with, accidental loss of life, or personal injury sustained by
accidents of every description, by the name of " The North- Name and style.
Western Travelers' Insurance Company ; " and by that
name Bhall be and hereby are empowered to purchase, have, Powers,
hold, possess and enjoy, to themselves and their successors,
lands, tenements, hereditaments, goods, chattels and effects
of every kind, and the same to grant, alien, sell, invest and
dispose of; to sue and be sued, plead and be impleaded, in
all courts of justice; to have and use a common seal, and
the same to change, alter and renew at pleasure; and to or-
dain and put into execution such by-laws and regulations as
they may deem proper for the well -ordering and government
of said corporation, and the transaction of its business :
Provided, they be not repugnant to the laws of the United
States or of this state, or to the provisions of t}iis act of in-
corporation.
§ 2. The capital stock of said corporation shall not be capital stock,
less than one hundred thousand dollars, and may be, at any
time hereafter, increased by said company to any sum not
exceeding one million dollars, and shall be divided into
shares of one hundred dollars each ; and there shall be paid
into the treasury of said corporation, by each subscriber to
said capital stock, at the time of subscribing for the same,
an installment of ten dollars on each share of stock by him
subscribed for; and the remainder of said shares, so sub-
scribed for, shall, within sixty days after the organization of
—61
826
INSURANCE C0MPANIE8.
Stock transfera
ble.
said company, be secured to be paid, either by bonds and
mortgage on real estate, or by such indorsed promissory
notes as shall be approved of by the directors of said cor-
poration, and shall be payable in such installments, and at
such times, as the directors may determine; and such in -
dorsers shall have a lien on the stock for which such note
or notes are given.
§ 3. The capital stock of said corporation shall be trans-
ferable, according to the rules and regulations of the com-
pany ; and if any subscriber of any share or shares of said
stock shall neglect or refuse to pay the installments, as
aforesaid, or to secure the payment of the residue of the
stock by him subscribed, as aforesaid, for the space of sixty
days after the same shall become due or required, and after
he or they have been notified thereof, the stock of such neg-
ligent stockholder shall be sold by the directors at public
auction, giving at least ten days' notice thereof, in some
newspaper published in the city of Chicago ; and the pro-
ceeds of said sale shall be first applied in payment of the
installments called for, and the expenses attending the sale,
and the balance, if any, shall be refunded to the owner of
said stock ; and such sale shall, in all respects, entitle the
purchaser to all the rights of such negligent stockholder in
and to the shares so bought.
§ 4. The business of said corporation shall be the insur-
ing of persons against the accidental loss of life, or personal
injury sustained by accident of every description ; and said
corporation is hereby authorized and empowered to make
any and all contracts of insurance connected therewith, on
such terms and conditions, and for such periods of time,
and confined to such countries, and to such persons, as shall
be from time to time ordered and provided for by the by-
laws of said corporation.
§ 5. The office of said company shall be located in the
city of Chicago ; and the stock, property and affairs ot said
corporation shall be managed and conducted by not less
than seven or more than twenty-live directors, (the number
of said directors to be determined by the by-laws of said
Flection of di- company,) to be chosen by ballot from among and by the
rectore. stockholders ; which directors, first chosen, shall hold their
offices until the first Tuesday of May next ensuing their
election, and until others are chosen to supply their places ;
and the annual meeting for choice of directors shall (after
the first election) be hoi den at the city of Chicago, on the
first Tuesday in May, or such other day, in the month of
May, as shall be appointed by said board of directors ; but
a failure to elect directors at the day appointed shall not
work a forfeiture of the charter; and in case of such failure,
the election may be held at any other day appointed by the
directors last chosen; ten days' notice of such election being
given by publication, as aforesaid. In the choice of direct-
Business of cov
poration.
Home office.
INSURANCE COMPANIES. 827
ors, as aforesaid, each, stockholder present, or represented
bj his attorney, shall be allowed one vote for each and every
share of stock by hirn then held ; and none but stockholders
shall be eligible to the office of director. And the directors Quorum,
shall determine what number of their own body shall con-
stitute a quorum for transaction of business ; and when
such quorum is formed, if the president is not present, the
vice-president shall preside ; or, in the absence of both, the
directors shall appoint a president pro tempore/ and the
president shall have power to call special meetings of the
stockholders, whenever thereto requested by a majority of
the directors.
§ 6. To carry out the provisions of this act, and to or- commissioners
ganize the said corporation, "William Ii. Brown, Corydon seditions6 SUoi
Beckwith, Koswell B. Mason, Henry W. Blodgett, John Y. stock-
Farwell, John Tyrrell, Edward H. Williams, U. H. Crosby
and Henry "W. Bishop, jr., are authorized and appointed to
receive subscriptions to the capital stock thereof, and the
first installment thereon, and, as such, are hereby authorized
to close the subscription books of said company when the
said capital stock shall be fully subscribed ; or, in case that
said capital stock shall be over-subscribed, to distribute and
apportion the same among the subscribers, as the said per-
sons, so appointed, as aforesaid, to distribute, may deem
proper. And when the capital stock shall have been sub-
scribed for, and the first installment has been paid thereon,
by a notice published in some newspaper printed in the city
of Chicago, two weeks before the time of meeting, the said
subscribers may meet together at the time and place named
in said call, and adopt such by-laws, rules and regulations
as may be necessary and convenient for commencing and
carrying on business under this act. They may also, at the Board of direct-
same or some subsequent time, choose a board of directors, ors'
in the manner hereinbefore provided, who shall hold their
offices, with all the powers given to directors by this act,
until others are chosen to supply their places ; and when
the by-laws have been adopted, and the directors have been
chosen, as aforesaid, and when the board of directors shall
have been organized by the choice of a president and secre-
tary, the said corporation may exercise all the powers and
privileges conferred by this act.
§ 1. The directors may choose a president, vice-presi- officers to be
dent and secretary of their corporation, and appoint such ch08en-
other ofiicers, clerks and agents, and establish such agencies,
in this state and elsewhere, as shall be by them deemed ad-
visable for conducting the business of the company; fix
their compensation, and take bonds for any and all of them
for the faithful performance of their duties, and make such
covenants and agreements as may be deemed necessary.
The president, vice-president and secretary shall be chosen
from among the directors, and may hold their appointments
828 INSURANCE COMPANIES.
for one year, and until others are chosen ; but the other
officers and servants of said company may be displaced, and
new ones appointed, at the pleasure of the directors. In
the absence of [or] disability of the president, the vice-
president shall preside ; and if both are absent or disabled,
president pro the directors may choose a president pro tempore; and in
tempore. cage an^ vacarjcv shall occur in the board of directors, the
remaining directors may choose a director or directors from
among the stockholders, to fill such vacancy, who shall hold
the appointment until others are chosen in their places.
§ 8. All policies of insurance, or other contracts author-
ized by this act, may be made with or without the seal of
said corporation, and shall be binding and obligatory upon
said corporation, according to the true intent and meaning
of such policies and contracts,
stock, how in- § 9. The capital stock, moneys and personal estate of
vested. g^ corporation, may be invested at the discretion of the
directors, either in loans upon bonds and mortgages upon
real estate, or in United States stocks, bank stocks, or stocks
or bonds created by any state, or of corporations created by
this state, or may be loaned upon promissory notes or bills of
exchange not having more than twelve months to run, and
the same may be called in and re-invested at pleasure, under
the provisions of this act; and the insured may, by a vote
of the directors, be permitted to participate in the profits of
. business, on such terms as the directors may from time to
time prescribe,
suits at law. § 10. Suits at law may be maintained by any stock-
holder, or person insured by said company, against said
corporation, for losses or injuries insured against by said
company, if payment shall be withheld more than thirty
days after the same shall be due and payable by the terms
of the policy of insurance, or other contract, and after the
said corporation shall have been duly notified of such loss
or injury.
Not to engage in § 11. Nothing contained therein shall be so construed
ng' as to authorize said company to engage in the business of
banking, or to exempt said company from the operation of
such general laws as may be hereafter passed upon the sub-
ject of insurance companies.
§ 12. This act shall be deemed a public act, of which all
courts and magistrates shall officially take notice, and shall
take effect from and after its passage : Provided, however,
that said corporation shall be organized within twelve
months after the passage hereof; otherwise this act shall be
null and void.
Approved February 16, 1865.
CERTIFICATE OF SECRETARY OF STATE. 829
Department of Statk,
Spriiigfield, May 10, 1865.
I, Sharon Tyndale, Secretary of State of the State of Illinois, do hereby
certify that the foregoing, except the words printed in brackets, thus [ ]
(which are inserted for the purpose of correction and explanation,) are true
and perfect copies of the enrolled laws on file in my olfice.
In testimony whereof, I have hereunto set my hand, the day and year
aforesaid.
SHARON TYNDALE,
Secretary of State.
INDEX TO PRIVATE LAWS.
A. PAGE.
Abstinence Society, Roman Catholic, to-
tal, Chicago 89
Academies :
Barrington 1
Grundy, at Morris 3
Northwestern Normal, of music,
Bloomington 4
Quincy 5
Accident Insurance Company 612
" National and Life Insurance
Company 722
Adams county bounty 157, 164, 169
court house, tax to build 535
Adams Insurance Company, charter
amended 613
iEtna Fire and Marine Insurance Com-
pany 614
Agricultural college, Tazewell county.. . 543
" society, Macon county 53
" " Union, Jo Daviess
county 54
Aid, German Mutual Society, Aurora. . . 69
" Union and Fire Insurance Company 796
Alton, charter of city amended 242, 244
" Hospital, St. Joseph. 94
" Locks' ferry 566
" Masonic Temple Building Associa-
tion 205
Alexander county bounty 109
America, Young, Fire Company, Spring-
field ' 578
American Insurance Company, Freeport 615
Ancient order Druids, Grand Grove Uni-
ted 74
Animals running at large, St. Clair co. . . 55
Appanoose bounty 153
Apple Creek and Illinois River Hedging
and Fencing Company 594
Arab Fire Company, Cairo 571
Arbiter Verein, Chicago 63
" " " West 64
Aroma Bridge Company 188
Associations :
Barrington Mutual Guarantee Insur-
ance 620
Building, Masonic Temple, Alton.. 205
Associations : page.
DesPlaines Cemetery 217
Maine Cemetery, Cook county 539
Mercantile, of Chicago 527
Milton Block, Wheaton 207
Peoria German School 36
Qniucy Independent German School 34
Wheatland Cemetery 230
Astoria, bounty 154, 155
Atlantic and Pacific Express Company. 557
Augustina College and Seminary, at
Paxton 21
Aurora Cemetery 213
" city charter amended 245
'' Fire Insurance Company 617
" German Mutual Aid Society. ... 69
B
Banks :
East St, Louis and Real Estate Sav-
ings 57
Farmers' and Mechanics' Savings,
Knox courty 59
Farmers' and Mechanics', McHenry
county 61
Baptist, General Association, of Illinois, 235
'' Theological Institute, Chicago. . 38
Barrington Academy 1
" Mutual Guarantee Insurance
Association 620
Batavia, dam across Fox river at 552
Beardstown, Cass county to pay over
tolls of ferry to. 536
Beardstown city charter amended 252
Belleville, city charter amended 254
" Fire Company 573
" South Fire Company 574
Bement and Monticello Horse Railway. . 598
Benevolent Societies :
Bloomington Turnverein 97
Bricklayers' and Masons', Chicago. . 65
Catholic, Roman, Total Abstinence. 89
" St. Francis 95
Chicago Arbeiter Verein 63
" West Chi-
cago. . . 64
" Charitable Eye and Ear In-
firmary 68
II
INDEX.
PAGE.
Benevolent Societies :
" Erring Women's Refuge. . . 98
" Home of the Friendless,
Springfield 81
" Turn Gemeinde 96
Dania, of Chicago 67
Evangelical Protestant, Widows' and
Orphans', Quincy 86
German, B!oomington 71
" Mendota 71
" Mutual Aid, Aurora 69
" Ottawa 70
Grand College, Working Men's Re-
lief 73
Grand Grove, United Ancient Order
Druids 74
Grand Lodge of Odd Fellows 83
Home, Children of Deceased and
Diseased Soldiers 79
Home, Friendless, Springfield 81
Laborers, of Chicago 82
Old Ladies' Home, Chicago 76
Operative, Plasterers Protective.. . . 87
Protestant Evangelical, Widows' and
Orphans', Quincy 86
Redi-mptorist Fathers, Chicago ... 88
Roman Catholic Total Abstinence,
Chicago 89
Sisters of Charity, St. Joseph 93
St. Joseph Hospital, Alton 94
St. Luke Hospital, Chicago 91
Biblical Institute, Garrett 20
Big Creek, bridge over, Hardin county. 540
Big Grove, bounty 156
Bloomington, Northwestern Normal
Acjdeniv of Music ... 4
" German Benevolent So-
ciety 71
" Tumverein 97
Board of Trade, Quincy 534
Bond county, bounty 541
" posse coinitatus, pay of. . . 541
Boone county, bounty 100
Bounty to soldiers :
Adams county 157, 164, 169
Alexander eounty 109
Appanoose 153
Astoria 154, 155
Big Grove 156
Bond county 541
Boone county 100
Brown countv 115
Bureau county 100, 103,116
Calhoun county 10
Carroll county , , , 100
Cass county 117
Champaign county 106
Christian countv 117
Clark county. .". 109
Clay county 109, 162
Clinton county 115
Coles countv
Cook county 103, 118, 120
Crawford county 109
PAGE.
Bounty to soldiers :
Cumberland county 109
DeKalb county. . .'. 100, 103
DeU'itt county 121
Douglas county 113
DuPage county 100, 103, 122, 1 56
Edgar county 100
Edwards county 109
Effingham county. 109
Elgin 148
Elizabeth Township 126
Fall Creek 157
Fayette county 109
Ford county 112
Fountain Green 159
Franklin county 109
Fulton county. . . . 123, 124, 154, 155, 163
Gallatin county 109
Greene county 109, 125
Grundy county 100, 103
Hamilton county 109
Hancock county 125, 153, 161
Hardin eounty 109
Henderson county ■
Henry county 100, 103, 106
Hotter township 162
Iroquois county 112
Jackson county 109
J asper eounty 109
Jefferson county 109
Jersey county Ill
Jo Daviess county 100, 126
Johnson county 109
Kane countv 100, 103
Kankakee county 100, 127
Kendall county 100, 128, 153,156
Knox county 100, 103
Lake county 100, 129
LaSalle county 131,167,173
Lawrence county 109
Lee county 100,132,133
Livingston county 103,134,163
Logan county Ill
Macon county 106
Macoupin county 1 34
Madison county 135
Marion county 109
Marshall county 100,135,136
Mason county 171
McDonough county 137
Mc Henry county 100
McLean county 137,173
Melrose 164
Monroe county 109
Montgomery county
Morgan countv Ill
Ogle county. ." 100,103
Orion Township 155
Payson 169
Peoria county 103, 149
Perry county 109
Peru ." 173
Piatt county 106
Pike county 140
INDEX.
Ill
Bounties to soldiers : page.
Pope county 109
Pulaski county 109
Putnam couiitv 100
Quincy '. 151,152
Randolph county 109
Richland county 109
Rock Island county
Sangamon county 103, 142
Saline county 1(»9
Schu\ler county 142, 143
Scott county Ill
Shelby county 113,144
Stark county 100, 103
St. Clair county 113
Stephenson county 100,145
Tazewell county 103,145, 146
Towanda 173
Union county 109
Vermilion county 103
Wabash county 109
Warren county 100, 103
Washington county 109, 115
Waukegan 152
Wayne county
White county 109
Whiteside county 100
Will county 100,147,153,156
Williamson county 109
Winnebago county loo
Woodford county 100
Brewery, Lills', Chicago 174
Bricklayers' and masons', of Chicago. . . 65
Bridges:
Aroma Company 188
Big Creek, Hardin county 540
Central Company 202
Erie Company 176
Hancock county 1 80
Havana, across Illinois river 181
Marseilles Company 188
Morris Company 193, 194
Peoria, Illinois River 184
Quincy Company 194
Saline River 195
Seneca Company 196
Sterling Company 199
St. Louis and Illinois Company. . . . 191
Warsaw Company 201
Whiteside Central Company 202
Brighton Hotel and Stock Yard Com-
pany 602
Boone county, bounty 100
Brown " " 115
Bureau " " 100,103,116
Bucket and Fire Company, Phoenix,
Springfield 576
Building Association, Masonic Temple,
Alton 205
" " Milton Block,
Wheaton 207
c
Cairo, Arab Fire Insurance Company.
—62
571
PAGE.
Cairo, Chamber of Commerce 524
" Gas Company 580
" Hydraulic Company 611
" Insurance and Loan Company. .. . 622
Calhoun county, bounty HI
Canals, Chicago and Mississippi Com-
pany 209
" Illinois River and Lake Dupean. . 556
Carroll county, bounty 100
" may issue bonds to pay
debts '. 536
Carrying Company, Quincy Horse Rail-
way and 601
Cass county, bounty 117
" to pay tolls to Beardstown. 536
Catholic, Benevolent Society, St. Fran-
cis, Chicago 95
" Roman, Total Abstinence So-
ciety, Chicago 89
Cemeteries:
Aurora Company 213
DesPlaines, Association 217
Elmwood 218
Graceland 222
Maine, Association 539
Paxton " 225
Sterling " 226
Wheatland " 230
Whit -hall " 232
Woodlawn " 233
Central Bridge Company 202
Central Insurance Company, Illinois Mu-
tual 673
Centralia, city charter amended 256
Champaign, city charter amended 256
" county, bounty 106
" " to fund indebted-
ness 537
Charitable Eye and Ear Infirmary, Chi-
cago 68
Charity, Sisters of, St. Joseph 93
Charleston city charter 263
Chester City Hotel 603
" " charter amended 274
Chieago, Arbeiter Verein "63,
" " " West Chicago 64
" Baptist Theological Institute. . 38
" Bricklayers' and Masons' 65
" Catholic, St. Francis, Beneyot
lent Society 9^
" Charitable Eye and Ear Infirm-
ary 68
" city charter reduced 274,284
" Citizens Insui ance Company 624,626
" Dania Benevolent Society .... 67
" Erring Womens' Refuge 98
" Fish Inspectors 580
" Firemans' Insurance Company. 624
" Germania lire. Marine and Life
Insui ance Company 662
" Globe Insurance Company. . . . 667
" Health of 590
" Home of the Friendless 81
" '•' Old Ladies' 76.
IV
INDEX,
PAGE.
Chicago, Horse Railway in 597
" Hospital, St. Lukes' 91
" Laborers' Benevolent Society. 82
" Lill's brewery ". . 1 74
" Lumbermens' Insurance Com-
pany 708
" Mercantile Association 527
" Mercantile Mutual Fire Insur-
ance Company 714
" Merchants' Exchange 529
" Methodist Episcopal Church.. 238
" and Mississippi Canal 209
" Old Ladies' Home 76
M Packers' and Provision Dealers'
Insurance Company 749
" Redemptorist Fathers 88
" Republic Insurance Company. . 768
" Roman Catholic Total Absti-
nence Society 89
" Safety Insuranoe Company. . . . 775
" Sanitary, means for Health of. 590
" Stock Exchange 5--*l
" St. Luke Hospital 91
" Traders' Insurance Company. . 788
" Turn Germeinde "...".. 96
Children of Soldiers, Home for 79
Christian county, bounty 117
Churches:
Baptist, General, Association of Illi-
nois 235
First Congregational, Neponset. . . . 236
Foreign and Domestic Missionary
Society, Cumberland Presbyterian,
Association, 240
German, United Evangelical, Synod
of Northwest 237
Methodist Episcopal, Chicago 238
Neponset, First Congregational. . . . 236
Presbyterian, Champaign county. . . 242
Cities:
Alton, charter amended 242,244
Aurora, " " 245
Beardstown, charter amended 252
Belleville, " " 254
Centralia, " " 256
Champaign, " " 256
Charleston, charter of 263
Chester, " 274
" Hotel Company 603
Chicago, charter reduced 274, 284
Clinton Hotel Company 605
Dallas, charter repealed 292
" ferry at 563
Dauville, charter of 294
Decatur, charter repealed and re-
chartered 332
Dixon, act amended 33?
Dunlieth incorporated 335
DuQuoin " 341
East St. Louis " 344
Elgin, to take stock in Academy. . . 361
Emporium, name changed 362
Freeport, act amended 363
Fulton, to levy tax 364
PAGE.
Cities:
Galena, amended act, amended 365
Galesburg, to borrow money 369
Geneseo, chartered 370
Hamilton, charter amended 391
Havana, bridge at 181
Joliet, charter amended 392
" jurisdiction of. 392
Kankakee, to establish 393
" University 41
Knoxville, act to amend 427
LaSalle, charter amended 427
Lincoln, chai ter of 430
" University 46
Macomb, charter amended 451
Monmouth, " " 452
Mount Carmel, charter of 453
Mound City 362
Nauvoo, to build city hall 465
Ottiwa, charter amended 466
" " Hotel Company. .. 607
Peoria, act to amend, amended char-
ter 467
" horse railway in 600
" water-works 469
Quincy, board of fire engineers. . . . 567
" horse railway in 601
Rockford, to reduce charter 472
Rock Lland, charter amended. .... 506
Salem, Marion county, charter of. . 507
Shelbyville, charter amended 521
Springfield, 3d section, 8th article,
amended 522
" 14th section amended,
Oak Ridge Cemetery. 522
" charter amended 523
" Hotel Company 610
Warsaw, may tax to pay debts. . . . 523
Waukegan, charter amended 523
City Hotel, charter 603
Citizens' Health Insurance Company. . . . 630
" Insurance Company 624,626
" Life Insurance Company 628
Clark county, bountv 109
" Westfield College 18
Clav " bountv 109,162
Clinton " " 115
" " may borrow money to
build jail 538
" Hotel, DeWitt county 605
Coal and Gas Light Company, Morris. . . 587
Cofrin, Win., to build dam at Batavia. . . 552
Cobs county, bounty
Colleges:
Agricultural, Tazewell county 543
Augustina, Paxton 21
Commercial 23
DeSoto 6
Garrett Biblical Institute 20
Grand 73
Grand Prairie, Onarga 23
Medical, Rush 9
Mercer Institute 11
Northwest 12
INDEX.
Colleges : page.
Rush Medical 9
Westfield 18
Commerce, Ciiiro Chamber of 524
Commercial College 23
" Insurance Company 631
Commonwealth Insurance Company. . . . 634
Congregational, First, Church, Neponset 236
Cook county, bounty 103,118,120
»> " ' " tax for, Maine
Cemetery, town-
ship ... '. 639
Collegiate Institute, Mercer 10
Counties :
Adams, bounty 157, 164,169
" tax to build court house. . . 535
Alexander, bounty 109
Bond, " 541
" pay of posse commitatus 541
Boone, bounty 100
Brown, " 115
Bureau, " 100,103,116
Calhoun, " HI
Carroll, " 100
" may issue bonds to pay
debts 536
Cass, bouuty H7
" to pay tolls to Beardst'own. . 536
Champaign, bounty 106
" to pay indebtedness. . . 537
Christian, bounty 117
Clark, " ' 100
Clay, " 109,162
Clinton, " •• 116
" may borrow money to build
jail 538
Coles, bounty
Cook, " 103,118,120
" tax for cemetery, Maine. . . . 539
Crawford, bounty 109
Cumberland, bounty 109
DeKalb, bounty 100, 103
" supervisors, acts legalized. 539
DeWitt, bounty 121
hotel at Clinton 605
Douglas, bounty 113
" court house and jail 540
DuPage, bounty 100, 103, 122, 156
" Mutual Insurance Company 636
Edgar, bounty 100
Edwards, " 109
Effingham, " 109
Fayette, " 109
" posse commitatus 541
Ford, bounty 112
Franklin, " 109
Fulton, " 123,124,154,155,163
Gallatin, " 109
Greene, " 109,125
" Hedging and Fencing
Company 594
Grundy, bounty 100,103
Grundy, fprry in 560
Hamilton, bounty 109
Hancock, " ' 125,153.161
Counties : page.
Hancock Bridge Company 180
Hardin, bounty 109
" bridge on Big Creek 540
Henderson, county seal 545
Henry, bounty , .100, 103, 106
Iroquois, " " li2
" county seat. . ■- 546
Jackson, bounty 109
" DeSoto, college in 6
Jasper, bounty 109
Jefferson, " \\ 1°9
Jei'sey " HI
Jo Daviess, " 100,126
" Agricultural Society 54
Johnson, bounty 109
Kane, '•' .100,103
'• dam across Fox river, in . . 552
" private ditches in 555
Kankakee, bounty 100,127
Kendall, " "....100,128,153,156
Knox, " 100,103
" drainage in 655
" removal of county seat 548
Lake, bounty 100,129
LaSalle, « " 131,167.173
" Mutual Fire Insurance Co. . 702
Lawrence, bounty 109
Bee, " 100,132,133
Livingston, " 103,134
Logan, " HI
Macon, Agricultural Society 53
" bounty 106
Macoupin, " 134
Madison, " 135
Marion, " k » 109
Marshall, " 100,135,136
" ferry at Henry 559
Mason, bounty 171
" lands in, to be taxed 557
McDonough, bounty 137
McHenry, " 100
" private ditches in 555
McLean, bounty .137,173
Monroe, " 109
Montgomery, county, pay for posse
commitatus 541
Morgan, bounty 10
Ole " 100,103
Peoria, " 103,149
" ferry at Rome 559
Perry, bounty • • 109
" may issue bonds 542
Piatt, bounty 106
Pike, " " 140
Pope, " 1°9
Pulaski, " 109
" county seat of 549
Putnam, bountv 100
Randolph, " 1°9
" may issue bonds 543
Richland, bounty 109
Rock Island, ferry at, R. W. Smith . 562
Sangamon, bounty 103,142
Saline, " 109
VT
INDEX.
Counties:
Schuyler, bounty 142,143
Scott, " Ill
Shelby, " 113,144
Stark, " .100,103
St. Clair, animals at large in 55
" bounty 113
Stephenson, bounty 100, 145
Tazewell, Agricultural Co'Iege 543
bounty 103,145,146
Union,
Vermilion,
Wabish,
Warren,
Washington,
Wayne,
White,
Whiteside,
Will,
Williamson,
Winnebago,
Woodford,
109
. . . 103
109
,100,103
.109,115
109
100
100,147,153,156
, 109
.. 100
100
County seats, Henderson county 545
" Iroquois county 546
u Knox county 548
" Pulaski county 549
Crawford county, bounty 109
Cumberland " ' " .. 109
" Presbyterian Church) Mis-
sionary Society. . . t 240
" charier repealed 292
D
Dallas City, ferry at 563
Dams:
Batavia, across Fox River 552
Fox River 551
Pecatonica, across 552
Putnam and Rice, on Rock River. . 553
Rock River, Putnam and Rice 553
Dania Benevolent Society, Chicago .... 67
Danville, charter of 294
" Illinois Insurance at 674
Decatur, charter repealed and rechart-
ercd 832
" Gas and Coke Company, act
repealed 581
" charter of 581
DeKalli, acts of supervisors legalized. . . 53;»
" bounty 100,103
DeSoto College 6
DesPlaines Cemetery Association 217
DeWitt, bounty 121
" hotel at Clinton, in 605
Ditches, private, Mc Henry county 555
Dixon, charter amended 382
Dock company, Madison 553
Douglas, bounty 113
" county may issue bonds for
court house and jail 540
Drainage of land in McHenry and Kane
c 'unties 555
Druids, Grand Grove, Ancient Order of. 74
PAGE.
Duncan M., ferry near Wertenberg 659
Dunlieth, incorporated 335
DuPage county, bounty 100, 103, 122, 156
" " Mutual Insurance Com-
pany, Wheaton 636
DuQuoin, incorporated 841
E
Eye and Ear, Charitable, Infirmary, Chi-
cngo 68
East St. Louis, charter of 344
" Gas Light and Coke
Company 582,584
" Real Estate Savings
Bank 57
Erlgar county, bounty 100
Edwards " " ". 109
Effingham " " 109
Elgin, bounty 148
" Insurance Company 637
" to take stock in academy 361
Elizabeth, bounty 126
Elmwood Cemetery Association 218
Emporium City, name changed 362
Engineers and tire department, Quincy. 567
Eric Bridge Company 176
Erring Womens' Refuge, Chicago 98
Evangelical Protestant Widows' and Or-
phans'Benevolent Society, Quincy 86
Exchange, Chicago Stock 531
" Merchants' Chicago 529
Excelsior Insurance Company 640
Express Company, Atlantic and Pacific,
charter 557
Eye and Ear, Chaiitable, Infirmary, Chi-
cago 68
F
Fall Creek, bounty 157
Farmers' Insurance Company 643
" and Mechanics' Insurance Com-
pany 646
" " " Savings; Bank
Knox county 59
" " " Savings Bank,
McHenry co. 61
" Northwestern Insurance Co.. 743
Fathers', Redemptoiist, Benevolent So-
ciety, Chicago 88
Fayette county, bounty 109
" " posse commitatus of. . . 541
Federal Union Insurance Company .... 650
Fellows, Odd, Grand Lodge of 83
Female Seminary, Henry. 25
Ferries:
Alton, Lock and Lock 566
Beardstown 536
Dallas 563
Grundy county > 560
Hampton 564
Henry 559
Lock and Lock, Alton 566
INDEX.
VII
PAGE.
Ferries:
Massac and McCracken 565
Metropolis 565
Middletou 569
Nauvoo 562
Rock Island 562
Rome, Peoria count? 559
Smith, R: W ". ■ 562
Warsaw 566
Wertenberg, on Kaskaskia River. . 559
Willis, J. C, 565
Fire companies :
Arab, of Cairo 571
Belleville 573
South 574
and Bucket, Springfield 576
Engine, Phoenix, Springfield 577
Phoenix Engine, of " 577
Phoenix, and Bucket, of Springfield. 576
Pioneer, So. 1, Springfield 575
Young America, " 578
Fire department, Quincy .... 567
Fire Insurance Companies:
Aid, Union 796
jElna and Marine 614
Aurora 617
Galena Mutual 657
Germania, Marine and Life 662
Kendall, Mutual 6S8
LaSalle county, Mutual 702
Mercantile Mutual 714
Mutual Fire, Kendall county 68S
Tornado, at, Freeport 653
Union Aid 796
Union 799,802
Firemai.s' Insurance Company, Chicago. 624
Fish Inspectors, Chicago 580
Foreign and Domestic Missionary Socie-
ty, Cumberland Presbyterian
Church 240
Fort Dearborn Insurance Company 655
Fountain Green, bounty 159
Fox River, dam across 551
" Batavia 552
Franklin county, bounty 109
Freeport, American Insurance Company 615
" city charter amended 363
" Fire and Tornado Insurance
Company 653
'.' Stephenson Insurance Com-
pany 781
Friendless, Home of, Chicago 81
" " Springfield 81
Fulton, city to levy tax 364
" county, bounty. .123,124,154,155,163
G-
Galena, city charter amended S6 n
" Mutual fire Insurance Company ( 67
Galesburg, to borrow money £69
Gallatin county bounty Iu9
Garrett Biolieal Institute 20
PAGE.
Gas Companies:
Cairo city 580
Decatur, and Coke 581
East St. Louis, charter 582, 584
Jacksonville 585
Lincoln, charter 585
Morris, Coal and Oil 587
Mound City 588
Peoples', act amended 589
Geneseo, city charter 370
German Benevolent Society:
Bloomington 71
Mendota 71
Mutual Aid 69
Ottawa ; -. , 70
German Schools:
Peoria , 3g
Quincy 34
Germania Fire, Marine and Life Insu-
rance Company, Chicago 662
Globe Insurance Company, Chicago. . . . 667
Graccland Cemetery Association 222
Grand, College, Workingmens' 73
" Grove, United Ancient Order of
Druids 74
" Lodge of Odd Fellows 83
" Prairie Seminary 23
Great Western Horse Insurance Com-
pany 663
" Life Insurance Com-
pany 665
Greene County, and Apple Creek Hedg-
ing Company 594
" " Bounty 109, 125
" Hedging and Fencing
Company 594
Grove, Grand, United Ancient Order of
Druids 74
Grundy, Academy 3
" County, Bounty 100, 103
" " Ferry in-. 560
Guarantee Insurance Association, Bar-
rington Mutual 620
H
Hall, Nauvoo City to build 465
Hamilton City, charter amended 391
" County, Bounty 109
Hampton Ferry, P. L. Mitchell 564
Hancock County, Bounty 125, 153, 161
" Bridge Company 180
Hardin County, Bounty 109
" " Bridge on Big Creek 540
Havana, Bridge at 181
Health, Chicago, Sanitary measures for. 590
" Insurance Company, Citizens. . . 630
" Life, Travelers' Insurance Com-
pany 703
Hedging and Fencing Company, Greene
County 594
Henderson County Seat 545
Henry County, Bounty 100, 103, 106
" Female Seminary 25
VIII
INDEX.
PAGE.
High School, Olney 32
Home, Children of Soldiers 79
" Friendless, Chicago 81
" " Springfield 81
" Old Ladies', Chicago 76
" Warren County, Insurance Com-
pany 814
Horter Township, Bounty 162
Horse Insurance, Great Western 663
Horse Railways:
Chicago! 597
Monticello and Bement 598
Peoria City 600
Quincy 601
Horse Thieves, Great Western Insurance
Company, against 663
Horticultural Society, Illinois State.... 596
Hospital, St. Joseph, Alton 94
" St. Luke, Chicago 91
Hotel, Brighton, and Stock Yard Com-
pany 602
" Chester City, Company 603
" Clinton, DeWitt County 605
" Lane, Ogle County 607
" Ottawa City ". 607
" Peoria County, Chartered 608
" Springfield..". 610
Howard Insurance Company, of Illinois. 671
Hydraulic Company, Cairo 611
I
Illinois Central Mutual Insurance Com-
pany, Springfield 673
" Insurance Company, Danville. . . 674
" Mutual Life Insurance Company. 677
" River and Apple Creek Hedging
Company 594
" Southern, Seminary 28
" State Insurance Company 680
" " Horticultural Society 596
Independent German School, Quincy. . . 34
Industrial Society, Chicago 37
Infirmary, Eye and Ear, Chicago 68
Inspectors of Fish, Chicago 5S0
Institutes :
Baptist Theological 38
Biblical 20
Chicago Baptist Theological 38
Garrett Biblical 20
Mercer Collegiate 10
Insurance Companies:
Accident 612
Adams, charter amended 613
J5tna Marine and Fire 614
Aid Fire 796
American, Freeport. 615
Aurora Fire 617
Barrington Mutual 620
Cairo Loan 622
Central. Illinois Mutual 673
Chicago Fircmens' 624
Citizens' 624
" of Chicago 626
PAGE.
Insurance Companies:
Citizens' Health 630
Life 628
Commercial 631
Commonwealth 634
DuPage, at Wheaton 636
Elgin 637
Excelsior 640
Farmers' 643
" and Merchants' 646
Federal Union 650
Firemens' 624
Fire and Tornado 653
Fort Dearborn 655
Galena Mutual 657
Germania Fire, Marine and Life, Chi-
cago 662
Globe, at Chicago 667
Great Western Horse 663
Life 665
Howard, of Illinois 671
Illinois Central Mutual, Springfield. 673
Illinois 674
" Mutual Life 677
" State 680
Jo Daviess 685
Kendall County Mutual Fire 688
Kishwaukee 693
Knickerbocker 695
Lamar, Chicago 698
LaSalle County Mutual Fire 702
Life. See Life Insurance.
Lincoln Mutual 706
Loan, Cairo 622
Lumbermens', Chicago 708
Macoupin County Mutual 710
Mercantile Mutual 714
Merchants' and Farmers' 646
Milburn Mutual 719
Mutual 783
National Accident 722
724,726,728
" Travelers' 731
Northwestern 735, 740
" Farmers' 743
" Mutual Life 744
" Transit 748
Packers' and Provision Dealers', Chi-
cago 749
Phoenix Western 817
Pioneer 751
Planters' 755
Prairie State Live Stock 758
Protection 759
Provident Investment 761
Relief 766
Republic, Chicago 768
Rock Island .-. . . 770
" Mutual 771
Rock River 775
Safety, Chicago 775
Sangamo 777
Security, Travelers' 793
Springfield 673
INDEX.
IX
Insurance Companies :
Star 778
State 783
Stephenson, Freeport 781
Stock and Mutual 783
Tornado and Fire, Freeport 658
Traders', Chicago 788
Transit, Northwestern 748
Travelers' 790
" Life and Health. 703
" National 731
" Security 793
" United "States 809
Union, Federal 650
" Fire Aid 7s»6
" 799
♦« 802
United States 804, 806
" " Travelers' 809
Valley 812
Warren County, Home 814
Western, Phoenix 817
Western World 821
Winneshiek 824
World, Western 821
Iroquois County, Bounty 112
" " County Seat of 546
Investment, Provident Insurance Com-
pany 761
Jackson County, Bounty 109
" " De Soto College 6
Jacksonville Gas Light and Coke Com-
pany 585
Jail, Clinton County to build 538
Jasper County, Bounty 109
Jefferson County, Bounty 109
Jersey County, Bounty Ill
Jewett, David, dam on Pecatonica river. 552
Jo Daviess Agricultural Society 54
" - County, Bounty.. .'. 100, 126
" Insurance Company 685
Johnson County, Bounty 109
Joliet, city charter amended 392
" City, jurisdiction of. 392
K
Kane County, Bounty 100, 103
" " dam across j'ox river, in. . 552
" " private ditches in 555
Kankakee City, to establish 393
" County, Bounty 100, 127
" University 41
Kendall County, Bounty. . .100, 128, 153, 156
" " Mutual Fire Insurance
Company 688
Kimball, Phineas J., Ferry at Nauvoo... 562
Knickerbocker Insurance Company 696
Kishwankee Insurance Company 693
Knox County, Bounty 100, 103
" " removal of County Seat. . 548
Knoxville, city charter amended 427
L
Laborers' Benevolent Society, Chicago. . 82
Ladies', Old, Home, Chicago 76
Lake County, Bounty 100, 129
" Forest University 49
Lamar Insurance Company 698
Lands in Mason County, additional tax
on 557
Lane Hotel, Ogle County 607
LaSalle, City charter amended 427
" County, Bounty 131, 167, 173
" " Mutual Fire Insurance
Company 702
Lawrence County, Bounty 109
Lee County, Bounty 100,132, 183
Life Insurance Companies:
Citizens' 628
Germania Fire and Marine 662
Great. Western 665
and Health, Travelers' 703
Illinois Mutual 677
National Accident 722
Northwestern Mutual 744
Lill's Brewery, Chicago 174
Lincoln, City incorporated 430
" Gas Light and Coke Company. 585
" Mutual Insurance Company... 706
" University 44
Lind University 53
Live Stock Insurance Company, Prairie
State 758
Livingston County, Bounty ...103, 134
Loan and Insurance Company, Cairo. . . . 622
Lock & Lock, Ferry at Alton 566
Lodge, Grand, of Odd Fellows 83
Logan County, Bounty Ill
" " University, at Lincoln. . . 44
Lumbermens' Insurance Company, Chi-
cago " 708
M
Macomb City, charter amended 451
Macon Couuty Agricultural Society 53
" Bounty 106
Macoupin County, Bounty 134
" " Mutual Insurance Co. 710
Madison County, Bounty 135
" Doek Company 553
Maine Cemetery Association 639
Marine and Fire Insurance Companies:
See Insurance Companies.
Marion County, Bounty 109
Marseilles Bridge Company 188
Marshall County, Bounty 100, 185, 136
" " Ferry at Henry 559
Mason County, Bridge at Havana 181
" " Bounty 171
" " Lands in, to be taxed. . . 557
Masonic Temple Building Association,
Alton 205
INDEX.
PAGE.
Masons find Bricklayers of Chicago 65
Massac and McCracken Ferry 565
McDonongh County, Bounty 137
McIIen:y County, Bounty 100
" " private ditches in. .. . 555
McLean County Bounty 137, 173
Medical College, Rush 9
Melrose, Bounty 164
Mercantile Association, Chicago 527
" Mutual Fire Insurance Com-
pany 714
Mercer Collegiate Institute 10
Merchants' Exchange, Chicago 529
" and Farmers' Insurance Com-
pany 646
Mendota German Benevolent Society. . . 76
Methodist Episcopal Church, Chicago... 238
Metropolis Ferry, J. C. Willis 565
Milburn Mutual Insurance Company. . . . 719
Milton Block Building Association,
Wheaton, DuPage county 207
Missionary, Foreign and Domestic, Soci-
ety of Cumberland Presbyterian
Church 240
Mississippi and Chicago Canal 209
Mitchell Ferry at Hampton 564
Monmouth City, charter amended 452
Monroe County, Bounty 109
Montgomery County, Posse Commitatus. 541
Monticello and Bement Horse Railway. . 698
Morgan County, Bounty Ill
Morris Bridge Company 193, 194
" Coal and Gas Light Company. .. . 587
Mound City 362
" " Gas Light and Coke Com-
pany 588
Mount Carmel, City charter 453
Mount Zion Male and Female Seminary. 25
Mutual Aid Society, German, Aurora. . . 69
" Association, Barrington 620
Mutual Fire Insurance Companies:
Galena 657
Kendall County. ... 688
LaSalle County 7<>2
Mercantile 714
Mutual Insurance Companies:
DuPage, of Wheaton 636
Illinois Central, Springfield 673,
Lincoln 7o6
Macoupin County 710
Milburn 719
Rock Island 771
Stock 783
Mutual Life Insurance Companies:
Illinois 677
Northwestern 744
Music, Northwest Normal Academy of,
Bloomington 4
1ST
National Accident Life Insurance Com-
pany ... 722
" Insurance Company. . .724, 726, 728
PAGE.
National Travelers' Insurance Company. 731
Nauvuo, build City Hall 465
" Ferry at 562
Neponset, First Congregational Church of 236
Newell, Benjamin, right of way to build
Canal ". 556
Newlon, B. F., Ferry at Dallas 563
Normal Academy of Music, at Blooming-
ton 4
Northwestern Academy of Music, Normal 4
Northwestern College 12
" Farmers' Insurance Com'y. 743
" Insurance Company. ■ .735, 740
" Mutual Life Insurance Co. 744
" Transit Insurance Comp'y. 748
o
Odd Fellows, Grand Lodge 83
Ogle County, Bounty 100, 103
Lane Hotel 607
Oil and Gas Company, Morris 587
Old Ladies' Home, Chicago 76
Olney High School 32
Onarga College, Grand Prairie Seminary
and Commercial 23
Operative Plasterers' Protective Benevo-
lent Society 87
Order Druids, Grand Grove Ancient. ... 74
Orion, Bounty 155
Orphans' and Widows' Evangelical Pro-
testant Benevolent Society, Quincy 86
Ottawa City, charter amended 466
" German Benevolent Society .... 70
" Hotel 607
]P
Pacific and Atlantic Express Company. 557
Packers' and Provision Dealers' Insu-
rance Company 749
Paxton Cemetery Association 225
Pa\ son, Bounty 169
Peoples' Gas and Coke Company 589
Peoria County, Bounty 103, 149
" Bridge at ; 184
H City charter 467
" Ferry at Rome 559
" German School 36
" Horse Railway 6<?0
" Hotel " 608
Perry County, Bounty 109
" " may issue bonds 542
Peru, Bounty • 173
Piatt County, Bounty 106
Phoenix Fire and Bucket Company 576
>4 " Engine Company 577
" Western Insurance Company. .. . 817
Pecatonica river, dam across 552
Pike County, Bounty 140
Pioneer Fire Company, No. 1, Springfield 575
" Insurance Company 761
Plainfield College 12
Planters' Insurance Company 755
INDEX.
XI
PAGE.
Plasterers' Protective Benevolent Soci-
ety 87
Pope County, Bounty 109
Posse Comitatus :
Bond County 541
Fayette County 541
Montgomery County 541
Postville, name changed to Lincoln 430
Prairie State Live Stock Insurance Com-
pany "758
Prairie State Seminary 23
Presbyterian Church, Champaign County 242
Protection Insurance Company 759
Protective Benevolent Society, Plaster-
ers' ". 87
Protestant Evangelical Widows' and Or-
phans' Benevolent Society, Quincy 86
Provident Insurance Investment 761
Provision Dealers' and Packers' Insu-
rance Company 749
Pulaski County, Bounty 109
" " Seat 549
Putnam County, Bounty 100
Putnam & Rice, dam across Rock river. 553
Q
Quincy:
Academy 5
Board of Trade 534
Bounty 151, 152
Bridge Company 194
Evangelical Protestant Widows' and
Orphans' Benevolent Society. ... 86
Fire Department 567
German School 34
Horse Railway 601
Independent German School 34
Railways, Horse:
Chicago 597
Monticello and Bement 598
Peoria City 600
Quincy 601
Randolph County, Bounty 109
" " may issue bonds 543
Real Estate Savings Bank, East St. Louis. 57
Redemptoiist Fathers' Benevolent Soci-
ety, Chicago .. 88
Refuse, Erring Wcmens', Chicago 98
Relief Insurance Company 766 |
" Society, Grand College Working-
mens' 73
Republic Insurance Company, Chicago. . 768
Richland County, Bounty 109
Right of way, act to provide for 556
Rivers :
Fox, dam across 551
Illinois, Ferry at Henry, Marshall
County 559
Illinois, Ferry in Grundy County. . . 560
Kaskaskia, Ferry near Wertenberg. 559
—63
PAGE.
Rivers :
Mississippi, Ferry at Nauvoo 562
Peeatonica, dam across 552
Rock, dam on 553
Rockford, to reduce city charter 472
Rock Island :
City charter amended 506
Ferry 562
Insurance Company 770
Mutual Insurance Company 771
Rock River, dam across 553
Roman Catholic Total Abstinence Soci-
ety, Chicago 8°
Rome, Ferry at, Peoria County 559
Rush Medical College ." 9
S
Safety Insurance Company, Chicago. . . . 775
Sangamo Insurance Company, act amend-
ed 777
Sangamon County, Bounty 103, 142
Saline County, Bounty. " 109
" River Bridge Company 195
Salem, City Chaiter '. 507
Sanitary measures for health, Chicago. . 590
Savings Bank, East Si. Louis, Real Estate 57
Schools :
Baptist Theological Institute 38
" " Union 38
Chicago Industrial Society 37
Theological . . . '. 38
German, Peoria 36
" Quincy 34
Independent German 34
Olney High 32
Peoria German 36
Quincy Independent German 34
Schuyler County, Bounty 142, 143
Scott County, Bounty Ill
Security Insurance Company, Travelers' 793
Seminaries :
Augustina 21
Grand Prairie 28
Henry Female 25
Mount Zion 25
Prairie, Grand 23
Southern Illinois 28
St. Joseph Female 27
Washington, Richview 32
Seneca Bridge Company 196
Shelby County, Bounty 113, 1 44
Shelbyville, City charter amended 521
Sisters of Charitv. St. Joseph 93
Smith, R. W., "Ferrv in Rock LJand
County ." 562
Soldiers' Child" en. Home for 79
South Belleville Fire Company 574
Southern Illinois Seminary 28
Springfield :
City Charter 522, 523
Home of the Friendless SI
Hotel Company. '. . 610
XII
INDEX.
PAGE.
Springfield :
Illinois Central Mutual Insurance
Company 673
Phoenix Fire and Bucket Company. 576
" " Engine Company 777
Pioneer Fire Company, No. 1 575
Young America Fire Company 573
Stark County, Bounty 100, 103
States, United, Insurance Company. 804, 806
" " Travelers' Insurance Com-
pany 809
Starr Insurance Company 778
State Horticultural Society, of Illinois.. 596
" Insurance Company 680
" Prairie, Live Stock Insurance Com-
pany 758
St. Clair County, Bounty 113
" Stock at large in 55
Stephenson County, Bounty 100, 145
" Insurance Company, Free-
port 781
Sterling Bridge Company 199
" Cemetery Association 226
St. Francis Catholic Benevolent Society,
Chicago 95
St. Joseph Female Seminary 27
Hospital, Alton. .. . 94
" Sisters of Charity 93
St. Louis and Illinois Bridge Company.. 191
St. Luke Hospital, Chicago 91
Stock :
at large 55
Exchange, Chicago 531
Live, Prairie State, Insurance Com-
pany 758
Mutual Insurance Company 783
Yard and Brighton Hotel Company. 602
T
Tazewell County, Agricultural College.. 543
" " Bounty 103, 145, 146
Temple, Masonic, Building Association,
Alton 205
Thieves, Horse, Great Western Insurance
Company against 663
Theological Institute, Chicago Baptist.. 38
Tolls of Ferry, Cass County to pay tieards-
town 536
Towanda, Bounty 173
Tornado and Fire Insurance Company,
Freeport .". 653
Total Abstinence Society, Roman Catho-
lic, Chicago ." 89
Trade, Quincy Board of 534
Traders' Insurance Company, Chicago... 788
Transit Insurance Company, Northwest-
ern 748
Travelers' :
Insurance Company 790
Life and Health Insurance Company 703
National Insurance Company 731
Security Insurance Company 793
United States Insurance Company. . 8U9
Turn-Gemeinde, Chicago 96
Turn vercin, Bloomington 97
XJ
Underbill & Yaughey, Ferry in Grundy
County 560
Union :
Baptist Theological 38
County, Bounty 109
Federal, Insurance Company 650
Fire Aid Insurance Company 796
Insurance Company 799, 802
United Ancient Order Druids, Grand
Grove 74
" States Insunnce Company. . .804, 806
" " Travelers' Insurance Com-
pany 809
University :
Kankakee 41
Lake Forest 49
Lincoln, Logan County 44
Lind ." 53
V
Valley Insurance Company 812
Yaughey & Underhill, Ferry in Grundy
County 560
Vermilion County, Bounty 103
w
Wabash County, Bounty 109
Warren County, Bounty 100, 103
" " Home Insurance Com-
pany 814
Warsaw Bridge Company 201
" City may tax to pay debts 623
Washington County, Bounty 109, 115
" Seminary 32
Waukegan, Bounty 152
" City, charter amended 523
Way, right of, act to provide for 556
Wertenberg, Ferry near, regulated 559
Westfield College," Clark County 18
Western, Great, Insurance Company,
against Horse Thieves 663
" Phoenix Insurance Company. 817
" World " " .. 821
Wheatland Cemetery Association 230
Wheaton, DuPage County, Mutual Insu-
rance Company 636
" Milton Block Building Associ-
■ ation 207
White County, Bounty 109
Whitehall Cemetery Association 232
Whiteside Central Bridge Company 202
" County, Bounty 100
Widows' and Orphans' Kvangclical Pro-
testant Benevolent Soci'y, Quincy 86
Will County, Bounty 100, 147, 153, 156
Williamson County, Bounty 109
Willis, J. C, Ferry at Metropolis 565
INDEX.
xin
Winnebago County, Bounty 100
Winneshiek Insurance Company 824
Women, Erring, Refuge for, Chicago. ... 9S
Woodford County, Bounty 100
Woodlawn Cemetery, Clinton 233
Workingmens' Relief, Grand College, So-
ciety 73
World, Western, Insurance Company. . . 821
Y
Young America Fire Company, Spring-
field 578
Yard, Brighton Hotel and Stock, Com-
pany 602
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