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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 moue3 T 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 u An 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 "A 1 ; 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 of Infor ^|« 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- Bod y •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 E s \ e Sid° e f r s! 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 u The 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 necessarj 7 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 . 

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 case j , 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, p ay 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 p rOY iso. 
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^ g a [<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. 

P ues ers ° f tlus " § ^' ^ a ^ trustees sna ll 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 the 1 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 p owe r», 
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) 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- 
1 inacti f ce aUhand 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 p owerg . 
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. i n 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 st yi e . 
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- Eulldin s s - 
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. r pi ie 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 T enn 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} 7 s 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. 



AN T 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. 

\ a o Can Med 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 de P *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 a P- 
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 ^ j t gha |j not bo ] aw f u i f or 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 i n f 01 . 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, euera i 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 cons i del . 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. 

J m S inc e S uits detei " § ?• I 11 a U 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 # j n 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- Ca P ital 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. 1S 65. 

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 0b i ect - 
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. r n 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 u Tlie 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 sur g e ons 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 o ffi ce 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 st y le . 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. 

0b j ect . § 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 A c g e ^ 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 
body r 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 Mana sers. 
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. 

*ings thly 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 take 1 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. 

Te e "u™-dian r 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. § 6 t 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. C 3 

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. c 5 

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. 

V fin«T y ' h ° w § 6 - I" casG °*' an ^ T vacanc y °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 eata f e 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 f nd 
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 p roviS o. 
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 Ho r ld » 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. k e pf. anc | j ie | c | j n fa e c jj--y f 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\ r oyes,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. ]S T ine, 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 tQ wns. 
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 v j sors f aa y f 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 ° t jf n ct 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 T a*, 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. 
F pe n n d de<! 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 g iv- 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 A k c e C p t unt3 ' 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 Re P° 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 T d °i™f c J" ^£' 
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. as j 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 
be P aid - 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 ^f e 8 d 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 izeT 1013 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 Ca P itation 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. I 865 - 

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. 

A C t 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- ma y 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 for isr>f eb ' 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- b e 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, i n force Feb. 9, 
and levying special taxes to pay the same. I s65 - 

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 f 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 for igg5 eb * 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 C toTo\unteer S nty 
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 s P ecial 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 i n 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 i s - 
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 t 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 ° r iS65 eb ' 15, AN ACT t0 ena1jle thc count y 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 ° u n t ^' 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 f 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 l l^°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 c f ^ 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 i n f 0rce 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 s P e- 
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 f ;p GO ri a . 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 ce p tc( | f rom any anc j a ij 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 i n 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 s P e- 

,•',,, .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. I 865 - 

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 property 7 , 
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 j n 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 °^J S 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 j n f orce 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 

T iect 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 ] ia n |j e p^d ou t 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 c t ° ra al ssioner3 
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 

Va cancy, 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. j mve p 0wer t 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 i n 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 b r 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 i n 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°f on 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 B y- 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 

T uon ° f comple ' ilct i an d 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 ^ger S and 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 s tock may 
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 c f ° m ™ 1 s c s £ 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. 

lo h rfeited! 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 # r rj ie g a } c j 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 com P lfr 
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 { t ne gg,}^ ra ;i roac j 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- 
stock may ° 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^. * 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 s i? c ^ olders ^ 
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*?l e ' 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 -\_Q t 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 maj r 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. i n 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\ T o. 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. -^ j n va j ne } 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. a t 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. j n f orce p e b 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 st y Je - 
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. f pj ie , 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. 

S frui"ntsforwai°d f § 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. Ev T ery 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- 1 111 .-, ■ 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 p eace f or trial or examination : Provided, this section 

shall extend to all persons under the age of ten years, as 
well as above. 

P ho°w e aJpiied! 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 a Des 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. 

P taxabi^ 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 w T ay 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. 



AJs T 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 com P a- 
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 fc o >>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 P urchase - 
—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 days 1 public notice 
thereof. 

sexton, and pay. g n m 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 mana s er3 - 
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} r ees 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 ^° u s ^ 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- 1 25JS£ 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 Rec OTdof P lat - 
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 ^J S ^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 days 1 
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, bj 7 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 ° e ^. 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 aw x ard. 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 a P - 
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, p n 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 ^j /"? ^ 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, B y-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 f r om 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 c b e u f 3 S u e b d oads 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 . ma k e a nd 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. p rescr ib e 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- Pa y 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 ley y 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. c i u e nts - 



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 trac f 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 ° u c a ' 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 F c °^ 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} r s 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 nmnrje ring 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 p 0wei . 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 . u y 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 p e ° d sse > 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 °^ e t rs 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 P reEldent 
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. 

S il e ^ a and a ' § ^' r ^° °P er b 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« t ax? 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, B i® 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 °s 8 - 
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 ,T e. . •/ 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. - 

A 1 var,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. f 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 an y 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_ -p wo or m ore 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 w r ork 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(i s $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 . j ze( ^ un( j er 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 is f ied 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. c ity 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- 
J offi°e i "s tmeat ° f l° w i n g 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 m 3P ec- 
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. a nd 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. 

V Jtreet"" ° f § ^' ^e vaca ^ n S 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 p n t iice dent 
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 En s ine 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- Chi f 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. 



f0r i865 eb ' 1G ' AN ACT t0 re P cal 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 " yisov i 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 ma s istrates - 
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 "^ p c e 4 "g ion of 
be suspended until the disposition of the charges, when 
preferred. 

§ 6. Whenever any vacancy shall occur in the office of v * c , anc y 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 ^ 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^acanT 06 

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 Welded 68 ' 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, E i^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 resil j£ f j-j^g e l ec tion. 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 ° W hln anc to s ' 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 . , , . ma y P ass °>"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 P robitta 

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 elect J 0n< 

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. 
n marXh thed,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 ^f e f- 
-.-'..,. . ,, £• 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 ^ Q f j) anv ^] e? g} m }] ft \ 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 hi 1 ; 

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^,^ w ithin 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 comrn issioned, 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 p ay 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 receive ron- 
city treasury, or paid by fees directed to be paid by any act W ork. <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 w r ater. 

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, Li cense. 
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) p 0Q it r y an d 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 of Bread - 
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 racin s- 
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 Un P^ 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 ^ e f a 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, et c h ° 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 £™^ f ana 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 n b e w ^ e e f e 8 d may 
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 ^;f ° f erB . 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 ^^^fyf 1118 " 
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. 
R m teion°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. 
D be™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 ™i a /i-r,°, f , s com " § 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- c r ° 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, L t ands ^V 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- w i se . 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 # j n a \\ case s 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 g t ^.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- F l re 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. ail d 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 c j(-y CO uncil 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 ' en gi neer f 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 g C hools 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 In c s P^|° 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 °f i b £ 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 B S^' 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 G ene™\ 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 °° d debt3pre - 
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 jud g - 
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- Co b s 1 tsn t ° tcha h rge ; 
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 w T orking 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 ,. d n 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 b r e din ^-^ 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 en titlecl "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 °'is65 eb ' 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 ?. o how 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 kee P 
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 " tj es f 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. Q u 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 Li s ht - 
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 *>{[£ ma s is - 
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. 

T m ^; ar >n m or,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 o